« PreviousContinue »
of the State, and the said college shall be known as the “ Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina."
The Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina shall be a branch of the State University, but shall be under the management and control of a separate board of trustees, composed of seven members. six of whom shall be elected by the general assembly, whose term of office shall be six years. But the general assembly shall at its present session elect two of said trustees for two years, two for four years, and two for six years, so that two of them shall go out of office every two years. The governor of the State shall be ex officio the seventh member of said board of trustees. (March 3, 1896.)
Sec. 1294. The board of trustees of the Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina are hereby fully authorized and empowered to take charge of, manage, and control all of the real and personal property belonging to Claflin College, in whosesoever hands or custody the same may be now or hereafter found, and shall hold the same in trust for the benefit and uses of the said Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina. (March 3, 1896.)
SEC. 1295. The board of trustees of the Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina shall have, and are hereby given, full and ample power to do and to perform any and all acts whatsoever necessary to effect a complete and final separation of the interests of the State from those of Claflin University, and, if found necessary to protect or promote the interests of the State, the authority here given shall authorize said trustees to sell, purchase, or exchange real estate.
The Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina shall have all the rights and privileges possessed by Claflin College, and be entitled to receive all the funds set apart for the support of Claflin College under the acts of the general assembly of this state, and the said college shall forever be and remain free and separate from Claflin University and all other colleges, schools, or other institutions which are wholly or in part under the direction or control of any church or religious or sectarian denomination or society. (March 3, 1896.)
Sec. 1296. The board of trustees of the Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina are authorized and empowered to provide all necessary suitable buildings upon a proper site for the purpose, to establish a course of study covering the normal, industriai, agricultural, and mechanical sciences and provide the necessary appliances for proper instruction in the same, and to select a proper corps of professors and instructors and fix their salaries. The principal or president and corps of instructors shall be of the negro race. (March 3, 1896.)
SEC. 1297. A majority of the board of trustees shall be necessary for the transaction of any business. (March 3, 1896.)
SEC, 1298. One-half of the fund known as the "land-scrip fund." to wit, $95,900, shall be for the benefit of the Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina, and shall be a perpetual fund, which shall forever remain undiminished, and the board of trustees are authorized to use the income thereon, to wit, 6 per cent per annum, payable semiannually, from July 1, 1889, for the use and maintenance of said college.
SEC. 1299. All sums which shall be received by the State from the United States Government under the provisions of the act of Congress approved August 30, 1890, * *
shall be equally divided between the Colored Normaal, Industrial, Agricultural, and Mechanical College and the Clemson Agricultural College, to be applied to the purposes specified in said acts. (December 24, 1890.)
SEC. 1300. The Hon. Thomas G. Clemson having departed this life on April 6, 1888, leaving of force his last will and testament, which was duly admitted to probate on April 20, 1888, in the office of the judge of probate for the county of Oconee, in the State of South Carolina, wherein he devised and bequeathed to his executor *
a tract of land situate on Seneca River, in Oconee County, in said State, containing 814 acres, more or less, known as the Fort Hill plantation, as well as all his other property, both real and personal, except certain legacies in the said will mentioned and provided for, all in trust to convey to the State of South Carolina when the said State shall accept the same for the purpose of establishing and maintaining an agricultural college upon the aforesaid Fort Hill plantation upon the terms and conditions of said will, the State of South Carolina hereby expressly declares that it accepts the devise and bequest of Thomas G. Clemson subject to the terms and conditions set forth in his said last will and testament, and the treasurer of the State is hereby authorized and empowered to receive and securely hold the said property, both real and personal, and to execute all necessary papers and receipts therefor as soon as the said executor shall convey and transfer the said devise and bequest to the said State. (November 27, 1889.)
SEC. 1301. The deed and transfer of said property to the State having been duly executed and made by the said executor, in accordance with the provisions of said will, an agricultural and mechanical college is hereby established in connection with the aforesaid devise and bequest, to be styled The Clemson Agricultural College of South Carolina," and situated at Fort Hill, in Oconee County, on the plantation so devised, in which college shall be taught all branches of study pertaining to practical and scientific agriculture and other industries connected therewith, and such other studies as are not inconsistent with the terms of the said will. (November 27, 1889.)
SEC. 1302. The said college shall be under the management and control of a board of thirteen trustees, composed of the seven members nominated by said will and their successors and six members to be elected by the legislature in joint asseinbly. (November 27, 1889.)
Three of the trustees elected in 1898 shall serve for the term of two years, and three of said trustees shall serve for the term of four years, from the commencement of their terms and until their successors shall be elected, and the said six trustees, immediately after their election, shall cast lots to determine which three of said trustees shall serve for the term of two years and which three shall serve for the term of four years. Hereafter every two years the general assembly shall elect in joint assembly three trustees for said college, who shall serve for the term of four years and until their successors shall be elected and shall qualify. (February 16, 1898.)
The board of trustees shall elect one of their number to be president, and elect a secretary and fix his salary. They shall organize the college and put it in operation as soon as practicable after the passage of this act, shall prescribe the course of study, shall declare the professorships, elect the professors, of whom the number shall not exceed ten, and define their duties and fix their salaries, and make all rules and regulations for the government of the college. They may employ such superintendent, head workman, laborers for the farm, shops, and grounds as may be necessary, and fix their compensation. They shall charge each student a tuition fee at $40 per annum: Provided, howerer, The board of trustees of said Clemson Agricultural College may grant free tuition to such competent and deserying youths of this state as may be unable to pay the same, and the said beard of trustees shall prescribe such rules and regulations as may be proper to confine the enjoyment of this privilege to those whose necessities require it. (November 27, 1889, and March 2, 1897.)
SEC. 1303. The said board of trustees is hereby declared to be a body politic and corporate under the name and style of the Clemson Agricultural College of South Carolina. They shall have a corporate seal, which they may change at their discretion, and in their corporate name they may contract for, purchase, and hold property for the purposes of this article, and may take any property or money given or conveyed by deed, devise, or bequest of (to) said college, and hold the same for its rise and benefit: Provided, That the conditions of such gift or conveyance shall in no case be inconsistent with the purposes of this chapter, and shall incur no obligation on the part of the State. They shall securely invest all funds and keep all property which may come into their possession, and may sell any of the personal property not subject to the trust, and reinvest the same in such way as they may deem best for the interest of said college. They may sue and be sued, plead and be impleaded, in their corporate name, and may do all things necessary to carry out the provisions of this chapter, and may make by-laws for this purpose if they deem it necessary. (November 27, 1889.)
Sec. 1304. It shall require a two-thirds vote of the said board of trustees to authorize the expenditure of any moneys appropriated to the said college by the State, or to authorize the sale or transfer or reinvestment of any property or moneys arising from the sale of any property under the provisions of this chapter. (November 27, 1889.)
SEC. 1305. It shall be the duty of said board of trustees to make to the legislature an annual report of the college and of all farming operations and tests and experiments, and of all receipts and expenditures, with a statement of the condition of the property and funds of said college, and of all receipts and expenditures of money appropriated thereto by the State. (November 27, 1889.)
Sec. 1306. The State treasurer shall securely invest and reinvest the funds now in his hands and such as may hereafter come into his hands, derived from the Clemson bequest, in such manner as shall be directed by the governor, the comptroller-general, and the treasurer of the State, or any two of them. He is hereby authorized to collect the interest annually upon all investments made of funds of the Clemson bequest, and pay the same over to the treasurer of the board of trustees of Clemson Agricultural College. It shall be his duty, under the direction of the governor, the comptroller-general, and the treasurer of the State, or any two of them, to enforce the collection of the principal or interest due on any investments made of such Clemson bequest. (December 23, 1890.)
SEC. 1307. The State treasurer is hereby authorized and empowered to collect by suit or otherwise, or to sell and convert into money, all the evidences of indebtedness now held by him, and which was turned over to him as a part of the Clemson bequest, and that when he shall have received the money on same, that he invest the same in Brown consols bearing interest at 6 per cent per annum.
When said funds are invested in said Brown consols, as provided for in this section, then the State treasurer shall issue a certificate of State stock in a sum equal to the value of said Brown consols, bearing interest at the rate of 6 per cent per annum, payable semiannually to the board of trustees of the Clemson Agricultural College, to be held as a perpetual fund, the capital of which shall forever remain undiminished, the interest on same to be used by said board of trustees for the uses of said Clemson Agricultural College, and when the said State stock is so issued, he do then cancel the said Brown consols in the place of which the said State stock was issued. (December 22, 1891.)
SEC. 1309. One-half of the land-scrip fund heretofore vested by section 1045 of the general statutes (1882) in the board of trustees of the University of South Carolina is hereby vested in the six members of the board of trustees of the Clemson Agricultural College of South Carolina, elected by the general assembly, and the State treasurer is authorized and required to issue a certificate of State stock in the sum of $95,900, bearing interest at the rate of 6 per cent per annum, payable semiannually to the said six members of the said board of trustees, to be held as a permanent fund, the capital of which shall forever remain undiminished, the income of said fund to be used by said board of trustees for the building and maintenance of the said Clemson Agricultural College in accordance with the purposes for which the said land scrip was donated by the act of Congress in relation thereto. (December 23, 1889.)
SEC. 1309. The annual grant of $15,000, commonly known as the Hatch bill fund, made to the State of South Carolina by the Congress of the United States, according to the terms of an act of Congress * * approved March 2, 1887, shall be, and hereby is, withdrawn from the control of the board of trustees of the University of South Carolina, in whom it was vested by an act
approved December 22, 1887, and the said grant of $15,000 is hereby vested in the six members of the board of trustees of the Clemson Agricultural College of South Carolina chosen by the general assembly, and an agricultural experiment station shall be established in connection with the said Clemson Agricultural College and under the direction of the board of trustees thereof, to be supported by said grant according to the provisions of the act of Congress hereinbefore mentioned. (December 23, 1889.)
SEC. 1310. The department of agriculture of this State, as heretofore constituted and provided for by law, is abolished, and also the office of commissioner of agriculture for this State. (December 24, 1890.)
SEC. 1311. All the powers, duties, rights and privileges heretofore vested in and exercised by the commissioner of agriculture and the department of agriculture of this State are hereby vested in and devolved upon the board of trustees of the Clemson Agricultural College of South Carolina, except that said board shall not have any rights, powers, or privileges in reference to or in connection with the management and control of the rights and interests of the State in the phosphate rock or phosphatic deposits in the navigable streams and marshes thereof. *(December 24, 1890.)
SEC. 1312. For the purpose of carrying out the duties hereby devolved upon them, the said board of trustees shall meet at the call of the governor, and at such time and place as he may designate. They shall receive no compensation, but shall be allowed their actual expenses for not exceeding two meetings in one year while engaged in the duties of the board imposed upon them by this article. (March 6, 1899.)
SEC. 1313. The duties and powers of the said board of trustees are as follows:
1. They shall regulate the returns of such county agricultural societies as may be chartered by the State, prescribe the forms of such return, and furnish all blanks necessary for securing uniform and reliable statistics of their operations.
2. They shall issue to the several county auditors of the State, blanks with complete instructions for the collection of agricultural statistics and information.
The auditors shall promptly return such blanks to the board, filled in accordance with such instructions.
3. They shall investigate all subjects relating to the improvement of the agricultural interests of the State, the inducement of immigration thereto, and the introduction of foreign capital therein, as they may deem expedient.
4. They shall have the right to promulgate and enforce rules and regulations for the guidance of the veterinarian of said college or his assistant, if one shall be appointed, in the treatment of horses, mules, cattle, hogs, or other live stock affected with any dangerous or contagious disease.
5. The said board shall have the power to adopt rules and regulations consistent with the laws of this State and of the United States, to prevent the introduction into this State of any live stock that is affected with any contagious disease, the tendency of which is to cause the death of said live stock.
6. They shall have power, in case of contagious disease among any kind of stock or animals, either to establish rules of quarantine or to have the infected animals killed and burned.
7. Said board, or a committee thereof appointed by them, shall supervise and enforce the execution of all laws respecting the sale of commercial fertilizers and seeds within the State, and any other duties by this chapter devolved upon them.
8. They shall appoint a special inspector or inspectors of fertilizers, and such other persons as they may deem necessary for carrying out the duties of the department of agriculture hereby devolved upon them, and fix their compensation.
9. They shall collect samples of any commercial fertilizers offered for sale in this State, and cause the same to be analyzed. Such samples must be taken from at least 10 per cent of the lot analyzed.
10. They shall prepare and keep in their department books of registry. in which any person may cause to be entered any tract or lt of land which he may desire to sell, stating the terms of sale. And such person may file also any plat or other descriptive paper relating to such lands as he may think proper. They shall also keep books in which shall be entered the names of persons desiring employment as saborers. The registry fee for each tract of land, or for each person seeking employment, shall be $1. The books shall be open to inspection free of charge.
11. They shall communicate and cooperate with the Commissioner [Secretary] of Agriculture of the United States, and shall receive from him seeds, plants, documents, and information, and shall distribute the same as may seem to the best advantage.
12. They shall have power to hold agricultural conventions composed of delegates from each county in the State, to be apportioned to each county and elected in such manner as the board may provide; and to conduct farmers' institutes at such times and places as may appear expedient; and they are authorized to use such parts of the funds under their control as may be necessary to meet the expense of conducting such conventions and institutes, but no compensation, per diem, or mileage shall be paid to the delegates of such conventions.
SEC. 1314. The Clemson Agricultural College of South Carolina is hereby authorized and empowered to construct, maintain, and operate a railroad between the Clemson Agricultural College of South Carolina and Calhoun station, on the line of the Atlanta and Charlotte Air Line Railway, with all the rights, powers, duties, and privileges that are conferred and imposed by the laws of the State upon railroad companies. The said Clemson Agricultural College of South Carolina, for the purpose of the construction of said railroad, shall be entitled to all the rights and privileges (and be subject to all the liabilities of railroad corporations) embraced in what is called the “ general railroad law” and acts amendatory thereof, as well as any acts now existing or hereafter to be passed regulating the duties, privileges, and rights of railroad companies. (February 19, 1900.)
SEC. 1315. After construction of said railroad the said Clemson Agricultural College of South Carolina, for the purpose of operating the same, is empowered to lease, in any lawful manner, the said railroad to any railroad company upon such terms as may be mutually agreed upon, or may enter into any agreement with any railroad company for the operation of the same. (February 19, 1900.)
SEC. 1316. The said Clemson Agricultural College of South Carolina is authorized to construct and maintain tramways, macadam roads, electric roads, and such other highways within the incorporation as the board of trustees may deem expedient for the improvement and development of the corporation, and to this end shall have all the powers, privileges, and rights conferred by sections 1314 and 1315. (February 19, 1900.)
SEC. 1317. The veterinarian of said college shall have the right to visit any section of this state where contagious diseases among animals is (are] believed to exist and shall determine, under the rules and regulations of said board, whether such affected animals are worthy of remedial treatment or should be destroyed. It shall not be lawful for any person or persons to hinder or obstruct said veterinarian or his assistant in the enjoyment of the rights given by this section or in the discharge of the duties prescribed by the next succeeding section. (February 19, 1901.)
Sec. 1318. When two or more reputable citizens of any county in this State shall notify said veterinarian that any animals in their county are affected with a contagious disease the tendency of which is to cause the death of such animals, he shall investigate the same or cause an investigation thereof to be made; and for such purpose he or his assistant shall have the right to go upon any premises on which such affected animals are or where they are supposed to be. Said veterinarian shall have the right to treat such affected animals at the expense of the owner or owners of the same or shall have the right to cause the same destroyed under such rules and regulations as may be prescribed by the said board. No compensation shall be paid to the owner or owners of any animals destroyed under the provisions of this section. The necessary expenses incurred by the veterinarian or his assistant in the discharge of the duties prescribed in this chapter shall he paid from the funds of Clemson College. (February 19, 1901.)
Src. 1319. All the privilege tax on fertilizers heretofore required to be paid to the commissioner of agricnlture shall in the future be paid to the treasurer of the State, subject to the order of the board of trustees of the Clemson Agricultural College of South Carolina; and so much of the money so received as shall be necessary to defray the expenses of the board in performing the duties now by this chapter devolved upon them shall be thus used,
and the balance shall go to the said college for its erection and maintenance. (December 24, 1890.)
SEC. 1320. A municipal corporation is hereby created known as Clemson College, the limits of which shall consist of all the lands belonging to the said college and cover all the territory included in a circle formed with the college building as a center with a radius of 5 miles, thus making the diameter of the circle 10 miles, within which boundaries the jurisdiction of the college shall extend. No dispensary shall ever he located at Calhoun. (December 24, 1894; February 20, 1901.) SEC. 1:21. (1) The beari of trustees of Clemson College and their successors,
s, in office shall have perpetual control and direct the affairs of said corporation. (2) The said board, hy a majority vote, shall have the power, and it is made their duty, to recommend a suitable person as police magistrate, who shall be commissioned by the governor, and who shall exercise all the powers of a magistrate and of a city recorder inpunishing offenses against the law or against the ordinances of the said board of trustees; but said magistrate shall not have jurisdiction in Pickens County. The said board of trustees shall have authority, and it shall be their duty. to make such rules for the maintenance of order and provide such punishments within the jurisdiction of a magistrate by fine or imprisonment, or both, as will keep the territory within their jnrisdiction free from nuisances and enforce the police regulations of the State. (December 24, 1894; February 20, 1901.)
Sec. 1322. The board of trustees of the Clemson Agricultural College are authorized and empowered to make such by-laws as they deem proper to license or prohibit the sale of goods, wares, and merchandise of any kind whatever on the grounds belonging to the said college as are not repugnant to the laws of the State. (December 24. 1999.)
SEC. 1323. The said board shall have authority to appoint one or more special constables, who shall exercise all the power of a State constable or of a municipal policeman to enforce obedience to its ordinances and to the laws of the State. (December 24, 1894.)
SEC. 1324. Nothing contained in sections 1320, 1321, and 1322 shall give said board of trustees the right to levy or to collect any tax. (December 24. 1894.)
Sic. 1325. A report of all their proceedings under this chapter shall be made annually by the board to the general assembly. (December 23, 1879.)
Laws, 1902, No. 515: SECTION 1. On and after the approval of this act by the governor the authorities of Clemson Agricultural and Mechanical College are hereby authorized and required to detail one of its scientific agriculturists to pay frequent visits to the coast section of the State, and to examine the soils, present methols of cultivation, fertilization, irrigation, etc., and to make practical tests, on some selected section, of sea-island cotton, rice, and truck farms, with various vari: ties of seeds, and to follow the same up carefully during the preparation of the land, planting of seed, and cultivation and harvesting of same, and also to examine into the diseases of cotton, rice, truck, etc., which have caused much trouble and loss in that section.
SEC. 2. It shall be the duty of the planters and farmers of the section so visited