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to render hearty assistance and cooperation in every way in their power to the gentleman detailed under the provisions of section 1 of this act. (February 25, 1902.)
Laws, 1903, No. 16: SECTION 1. On or before April 1, 1901, and every two years thereafter, the board of trustees of Clemson College shall designate three inembers of the said board, who shall constitute and be known as the State board of entomology, and who shall be charged especially with the execution of the provisions of this act.
SEC. 2. The said board is hereby authorized and empowered to make such rules and establish such regulations consistent with the laws of this State and of the United States for the government of the inspection, certification, sale, transportation, and introduction of trees, plants, shrubs, cuttings, buds, vines, bulbs, or roots that the said board may deem necessary or advisable to prevent the introduction or dissemination of destructive insects and plant diseases.
SEC. 3. The said board shall have power to appoint an entomologist, who shall be a skilled horticulturist, and an assistant entoinologist, if in their judgment it shall be impracticable for the entomologist so to be appointed to discharge the duties hereby devolved upon him; and such entomologist shall act as an inspector under the provisions of this act. And it shall be the duty of said board to promulgate rules and regulations in accordance with this act for the guidance of said entomologist and his assistant, if one shall be appointed, in the duties devolving upon him under the provisions hereof.
SEC. 4. The said board shall fix the salary of said entomologist and of his assistant, if one shall be appointed: the said salary shall be paid out of the funds now provided by law for the uses of Clemson College. And, in addition to said salaries, such expenses as the said board may allow for traveling and other incidental expenses of the entomologist and his assistant, and the issuing of reports or other publications, shall be paid out of the funds provided for the uses of Clenson College. (February 23, 1903. The remaining sections describe the duties and powers of the entomologist.)
Constitution (1889), Article VIII: SECTION 1. The stability of a republican form of government depending on the morality and intelligence of the people it shall be the duty of the legislature to establish, and maintain a general and uniform system of public schools, wherein tuition shall be without charge and equally open to all, and to adopt all suitable means to secure to the people the advantages and opportunities of education.
SEC. 7. All lands, money, or other property donated, granted, or received from the United States or any other source for a university, agricultural college, normal schools, or other educational or charitable institution or purpose, and the proceeds of all such lands and other property so received from any source shall be and remain perpetual funds, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased, but shall never be diminished, and the interest and income only shall be used Every such fund shall be deemed a trust fund held by the State, and the State shall make good all losses therefrom that shall in any manner occur.
SEC. 11. The moneys of the permanent school and other educational funds shall be invested only in first mortgages upon good improved farm lands within this State, as hereinafter provided, or in bonds of school corporations within the State, or in bonds of the United States or of the State of South Dakota. The legislature shall provide by law the method of determining the amounts of said funds which shall be invested from time to time in such classes of securities, respectively, taking care to secure continuous investments as far as possible.
SEC. 13. All losses to the permanent school or other educational funds of this State which shall have been occasioned by the defalcation, negligence, mismanagement, or fraud of the agents or officers controlling and managing the same shall be audited by the proper authorities of the State. The amount so audited shall be a permanent funded debt against the State in favor of the fund sustaining the loss, upon which not less than 6 per cent of annual interest shall be paid. Article XIV: SEC. 3 [as amended 1896]. The State university, the agricultural college, the normal schools, and all other educational institutions that may be sus
tained, either wholly or in part, by the State shall be under the control of a board of five members appointed by the governor and confirmed by the senate, under such rules and restrictions as the legislature shall provide. The legislature may increase the number of members to nine.
Laws of the Territory of Dakota, 1881, chapter 3: SECTION 1 [as amended March 9, 1883]. An agricultural college for the Territory of Dakota is hereby located and established at the city of Brookings, Brookings County. The building for said college shall be erected and constructed upon the land now owned by the Territory within the limits of said city of Brookings. The purpose of said college shall be the instruction of persons, both male and female, in such branches as may be prescribed by the board of regents hereinafter provided for.
Ibid., 1883, chapter 3: SECTION 1. For the purpose of providing a fund to erect and construct an agricultural college the Territorial treasurer is hereby authorized and empowered, and it is made his duty, to prepare for issue $25.000 of Territorial bonds. Said bonds shall be dated on the day of the execution and delivery thereof, shall be due in twenty years from and after their date, and shall be payable at the option of the Territory at any time after ten years from their date. Said bonds shall bear interest at the rate of 5 per cent per annum.
SEC. 4. For the purpose of the prompt payment of the principal and interest of the bonds herein provided for, there shall be levied annually by the Territorial board of equalization at the time the other taxes are levied, and collected in the same manner as other Territorial taxes are collected, such a tax as shall be sufficient to pay such interest and the exchange thereon; and after nine years from the date of said bonds, if no other provision shall have been made for the payment of the principal of the same, the said board of equalization, or any other officer or officers then empowered to perform the duties now performed by said Territorial board of equalization, shall levy such sinking-fund tax annually as shall be sufficient to retire and pay said bonds at their maturity.
SEC. 9. The total cost of said agricultural college building, including fixtures, shall not exceed $20,000.
SEC. 18. That part of the Territory of Dakota in which the agricultural college is situated shall, on the division of the Territory, assume all debts incurred and then existing on account of the erection, construction, and equipment of said agricultural college and agricultural college farm. (February 27, 1883.)
Ibid., 1885, chapter 22: SEC. 3. For the purpose of providing funds to finish the agricultural college at Brookings, Dak., and build a boarding house, and furnish the same, and put in steam heating, the Territorial treasurer is hereby authorized and empowered, and it is made his duty, to prepare for issue $20,000 of Territorial bonds.
SEC. 4. Said bonds shall be dated on the day of the execution and delivery thereof, shall be due in twenty years from and after their date, and shall be payable at the option of the Territory at any time after ten years from their date. Said bonds shall bear interest at the rate of 6 per cent per annum.
SEC. 7. [Provides for tax levy similar to that provided in Laws, 1883, chapter 3, sec. 4.]
Ibid., 1887, chapter 4: SECTION 1. For the purpose of providing funds to purchase an experimental farm, farm buildings, live stock, and to erect and furnish building for assembly hall, workshops, laboratory, and dormitory for young men, for the Dakota Agricultural College and Experimental Station at Brookings, Dak., the Territorial treasurer is hereby authorized and empowered, and it is made his duty, to prepare for issue $54.000 of Territorial bonds, in denominations of $500 each, running for a term of twenty years, bearing interest not to exceed 5 per cent per annum.
SEC. 3. [Provides for a tax levy similar to that provided in Laws, 1883, chapter 3, sec. 4.]
SEC. 9. The cost of the building for shops, laboratory, and dormitory for young men, including furnishing with necessary furniture and steam heating, shall not exceed the sum of $30,000. The cost of the farm lands for the experimental station shall not exceed the sum of $25 per acre, and they shall be adjacent to the lands already owned by the Territory, and comprising said agricultural college farm: And provided further, That whenever the funds arising from the sale of the Congressional grant of lands for the Dakota Agricultural College shall become available the Territory shall be reimbursed therefrom for all funds invested in said experimental farm lands, together with the interest thereon, from the date of the issue of said bonds. (March 10, 1887.)
Ibid., 1887, chapter 6: SECTION 7. The agricultural college established by chapter 3 of the session laws of 1881 shall be known by the name of the Dakota Agricultural College. The design of the institution is to afford practical instruction in
agriculture and the natural sciences connected therewith, and also the sciences which bear directly upon all industrial arts and pursuits. The course of instruction shall embrace the English language and literature, mathematics, civil engineering, agricultural chemistry, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, and such other natural sciences as may be prescribed, political, rural, and household economy, horticulture, moral philosophy, history, bookkeeping, and especially the application of science and the mechanic arts to practical agriculture in the field.
SEC. 8. A full course of study in the institution shall embrace not less than four years, and the college year shall consist of not less than nine calendar months, which may be divided into terms by the board of regents as in their judgment will best secure the objects for which the college was founded.
SEC. 9. The board of regents shall fix the salaries of the president, teachers, instructors, and other employees, and prescribe their respective duties. The board may remove the president or subordinate officers and supply all vacancies. SEC. 10. The faculty shall consist of the president, teachers, and instructors, and shall pass all needful rules and regulations for the government and discipline of the college, regulating the routine of labor, study, meals, and the duties and exercises and all such rules and regulations as are necessary to the preservation of morals, decorum, and health.
SEC. 11. The president shall be chief executive officer of the agricultural college, and it shall be his duty to see that all rules and regulations are executed, and the subordinate officers and employees, not members of the faculty, shall be under his direction and supervision.
SEC. 12. The president of the college and the president of the board of regents shall constitute a committee to fix the rate of wages to be allowed to students for labor on the farm or in the shops or kitchen of the agricultural college.
SEC. 13. The faculty shall make an annual report to the board of regents on or before the first Monday in December of each year, showing the condition of the school and farm and the results of farm experiments, and containing such recommendations as the welfare of the institution in their opinion demands.
SEC. 17. There is hereby established an agricultural experiment station in connection with the Agricultural College of Dakota, and under the direction of the board of regents of said college, for the purpose of conducting experiments in agriculture, according to the terms of section 1 of an act of Congress approved March 3 , 1887.
SEC. 18. The assent of the legislature of Dakota is hereby given in pursuance of the requirements of section 9 of said act of Congress approved March 3 , 1887, to the grant of money therein made and to the establishing of an experiment station in accordance with section 1 of said last-mentioned act, and assent is hereby given to carry out all and singular the provisions of said act. (March 11, 1887.) Laws of South Dakota, 1891, chapter 38: SECTION 1. The name of the agricultural college at Brookings, S. Dak., is hereby changed from the Agricultural College of Dakota to the Agricultural College of South Dakota. (March 5, 1891.) Ibid., 1891, chapter 3: SECTION 1. The Congressional grants of money for the further endowment and maintenance of agricultural colleges, known as the Morrill Act, and approved August 30, 1890, be accepted for the Agricultural College of South Dakota under the conditions and limitations of that act, and the treasurer of the board having control of the agricultural college is designated as the proper person to whom such funds are to be paid by the United States authorities, said treasurer giving good and sufficient bonds for the safe custody of said funds. (March 7, 1891.)
Ibid., 1897, chapter 58: SECTION 1. As soon as practicable after the passage of this act and before March 1, 1897, the governor, by and with the consent of the senate, shall appoint five persons of probity and wisdom from among the best and the best-known citizens, residents of different portions of the State, none of whom shall reside in the counties in which any of the State educational institutions are located, who shall constitute a board to be designated the regents of education: Provided, That in all appointments to the regency of education the persons selected shall be of the different political parties existing at the time such appointments are made.
SEC. 2. One of the persons so appointed shall hold office until January 1, 1899, and two until January 1, 1901, and two until January 1, 1903. as the governor shall indicate in his nomination, and all full appointments at and after the expiration of any of these terms shall be for six years, it being the intention of this act that all expirations of these terms shall occur on the 1st day of January of each odd or legislative year, or as soon thereafter as their successors are chosen and qualified:
Provided, That all full appointments thereafter must be made before the 1st day of February of the regular biennial legislative year.
SEC. 3. In case a regent of education shall die, resign, remove from the State, or for any other reason vacate his office, or become permanently disqualified from performing its duties, the governor of the State shall fill the vacancy by suitable and prompt appointment, and such appointee shall be clothed with full authority as a regent, but his term of service shall cease and expire with the next legislative session unless sooner confirmed by the senate. But the governor shall not have power to fill any vacancies caused by the refusal of the senate to confirm, nor vacancies caused by his own neglect to nominate to the senate in time for confirmation.
SEC. 4. Immediately upon the appointment and confirmation of the first five persons above named in section 1 of this act the governor shall summon them to assemble forthwith at the capital of the State, whereupon each shall take an oath before a proper officer to support the Constitution of the United States and of this State, and to perform his duties as a regent of education to the best of his ability. As soon as they are thus properly qualified they shall organize by electing one of their number president and by the election of a secretary. Thus qualified and organized they shall have authority to make such rules as are necessary for their own government as a board, and they shall immediately assume the exclusive control and management of all the educational institutions which are maintained either wholly or in part by the State, and at once, thereupon the terms of office and all authority of all boards or persons, of whatsoever name, heretofore charged with this duty, shall cease and expire.
All persons subsequently appointed as regents shall each subscribe to a like oath of office before taking their seats, and all oaths of office of the regents of education shall be duly filed with the secretary of state.
SEC. 5. To facilitate their work the regents of education shall have power to appoint, of their own members, such committees as seem desirable, but they shall appoint a standing committee of regents for each institution under their control, whose chairman may be charged by them and under their rules with certain executive duties in connection with the institution for which he was appointed and which may need attention during the interim of board meetings. They are also empowered to employ a competent stenographer and bookkeeper.
SEC. 6. The regents of education shall hold two regular meetings each yearone to be known as the annual meeting and one as the semiannual meeting-at such stated times as shall best subserve the interests of the institutions under their control. Extra meetings may also be held in case of weighty emergency on the call of the president or by joint request of a majority of the members, due and reasonable notice always being given. Three regents shall constitute a quorum for doing business, but two may adjourn from day to day.
SEC. 7. The failure of any regent to attend two successive regular meetings, as herein provided, may be construed by the governor as a resignation, and he may proceed to fill the vacancy unless such absences were on account of temporary disabling sickness or other equally valid reason accepted by the regents at their next meeting.
SEC. 8. The regents of education, qualified and organized as prescribed in section 4 of this act, shall become, and they and their successors in office shall continue to be, a legal corporation or body corporate with power to sue and be sued, to hold and manage fully, for the purposes for which these educational institutions were established, any property belonging to said institutions, collectively or severally, or of which they shall in any manner become possessed; and all previous boards and persons having had custody of said property or control of said institutions shall at once turn over the same, together with all papers, records, contracts, or other archives belonging to said institutions, to the said regents of education. SEC. 9. The regents of education as a corporation shall have power to make contracts for service, for the erection of buildings, and for the purchase of all lands. materials, and supplies needed, and in the carrying out of such contracts they shall have power to expend moneys, to exact and collect penalties, and to purchase or sell property within the limitations of State and national law: Provided, That all contracts for the erection or repairs of buildings or for the purchase of fuel or other ordinary supplies exceeding in value $200 shall be by means of publicly advertised competing bids and by public letting: And provided further, That no regent shall be directly or indirectly pecuniarily interested in any such contract.
And said regents of education, as a board, may bring suit in the proper court having jurisdiction, in the name of the regents of education, to enforce any con
tract made by them as such board, and may also bring suit in all matters relating to such property, or to the care, custody, control, management, or improvement thereof. And it is hereby made the duty of the attorney-general to prosecute any such suit upon the request of said board. Any moneys collected upon any judg ment obtained under the provisions of this act shall be paid into the State treasury for the benefit of the educational institutions and credited to the proper fund or funds.
Any regent is authorized to administer oaths and examine witnesses whenever necessary in the performance of the duties of the board.
This act is intended to confer, and does confer, upon the regents of education all powers usually exercised by such boards and which are necessary to the proper legal management of the educational institutions placed under their control and the property belonging to the same.
SEC. 10. The regents of education, in their capacity as a board and for the purpose of exercising proper control over those institutions of learning which are placed in their care, shall have full power to employ or dismiss all members of the faculties of instruction of said institutions, all assistants, foremen, secretaries, laborers, or other agents necessary to the proper management of the institutions; to determine their number, their qualifications, define their duties, fix the period or term of their employment, and the rate and manner of their compensation: Provided, That no person shall be employed or dismissed by reason of any sectarian or political opinions held.
SEC. 11. The regents of education shall have full power to authorize for the institutions under their control such departments and courses of study as they may think best, to determine what text-books shall be used, what requirements for the admission and graduation of students shall be maintained, what rules shall be enacted and enforced for the government of students; and said regents shall have power to make all other rules and regulations for the wise and successful current management of the schools under their control. And, further, they are hereby empowered to delegate provisionally any of the authority given in this section to the presidents, deans, principals, or faculties of instruction of said schools as in the judgment of said regents may be proper or as may be in accordance with the usual custom in such cases.
SEC. 12. The regents of education shall fix all rates of tuition and of other fees to be paid by students, but such rates must be the same in all the different institutions. They may receive free of tuition two students appointed by each State senator and one by each representative of the State legislature in any one of the institutions under their control: Provided, That the period for which such appointment was made shall expire with the term of office of the said senator or representative: And provided, That such appointees shall be residents of the district or county whose senator or representative makes the appointment: And provided further, That such appointees shall comply with all the rules and requirements of the institution which they desire to enter. No student, however, shall receive any other gratuity whatever.
SEC. 13. The regents of education are hereby expressly forbidden to continue or to create chairs, departments, laboratories, libraries, or other equipment in multiplication, except where the obvious needs of the special work of the schools make such multiplication necessary. In all things the regents are to administer the schools in such a manner as to enable each one of them to do in the best manner its own specific work, but all with a view to the strictest economy and so as to unify and harmonize the entire work of all the schools under their control.
Sec. 14. The regents of education are authorized to confer all scholastic honors and degrees usually granted by such boards; but all degrees, diplomas, and certificates of graduation shall be issued and conferred in their name and by their express authority. In conferring degrees the regents shall conform as nearly as may be to the best and most reputable current practice in such matters. Students shall be graduated from any one of these institutions by the regents of education upon recommendation of the appropriate faculty of that institution. A certificate of graduation from a full course in any one of the normal schools or from the State University, provided the graduate of the university has taken a course in pedagogy as given in that institution, shall be a license valid for five years to teach in any of the public schools of this State.
SEC. 15. The United States agricultural experiment station for South Dakota, being by national law a department of and under the direction of the agricultual college, shall be under the exclusive control of the regents of education, just as other departments and institutions are under their control.
SEC. 16. The regents of education are authorized to encourage and provide for