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farmers' institutes to be conducted by members of the agricultural college faculty, or by anyone else designated by said regents, and the said regents are likewise authorized to encourage and as far as possible provide for any other form of university extension work which is feasible and of value to the people.
Sec. 17. All officers of the board shall be elected for one year, and the election, except in case of vacancies, shall be held at the annual meeting.
SEC. 18. The regents of education shall receive no compensation for their services, but each shall be paid $5 per day for every day's service to cover his actual expenses, and this per diem shall be paid upon their itemized and properly certified vouchers from the State treasury upon the warrant of the auditor of state: Provided, That any regent serving from the Black Hills region shall receive $25 extra for attendance upon any meeting east of the Missouri River, but not exceeding $50 for any one fiscal year: And provided, That the entire sum paid for any one year to said regents of education shall not exceed $1,000.
SEC. 19. In the general appropriation for State purposes the sum of $2,600, or so much thereof as may be needed, shall be provided each year for the per diem of the regents of education, for the salary of their secretary and stenographer, and for such blanks, books, stationery, and postage as may be needed.
SEC. 20. The State treasurer shall be the treasurer of the reg nts of education, and he shall perform all the duties of such office, subject to such regulations as they may adopt not inconsistent with his other official du'ics, and he and his sureties shall be liable on his official bond for the faithful discharge of such duties. Said treasurer shall have authority to receive and receipt for'all moneys arising from any source for the use of any of the educational institutions under the control of the said regents, and he shall keep such separate accounts of the several funds as they shall prescribe. All mcneys received from rents of dormitories, tuition, or other fecs authorized by the regents of education, or from articles, products, or materials sold by their authority, shall be collected by some person designated by said regents for each institution to make such collections, under proper bonds, and said person shall transmit to the State treasurer at the close of each calendar month all moneys thus received by him during that month; and no other person shall be permitted to collect or hold any money belonging to said institutions. Moneys received from the National Government under any of the various grants shall le payable to the State treasurer as treasurer of the regents of education, and shall be receipted for by him. All moneys received as interest on the National land-grant funds or from leases of the land granted to these institutions under the control of the regents of education shall be paid to the State treasurer, and shall be credited by him to the proper educational institutions. At once on receiving moneys from any source the State treasurer shall notify the secretary of the regents of education of the amount, the source from which received, and the fund to which credited.
SEC. 21. There is annually and perpetually appropriated to the regents of education for the exclusive and legal use of the educational institutions under their control all moneys received from their endowment land grant as interest or rent, all local collections from fees of any lind or from rents or sales authorized, all United States money grants of any kind, all moneys derived from any source to be used by the regents of education for the proper and legal maintenance of the institutions under their control.
SEC. 22. No expenditures shall be made except by express authority of the regents of education first obtained, and no indebtedness shall ever bo permitted or incurred except against funds already available for such purpose, and no expenditure from any fund shall, under any circumstances, be made except for the legal purpose for which said fund exists and for the institution to which it belongs. The method in detail of making expenditures, purchases, etc., except so far as they are specified by section 10 of this act, shall be left to the discretion of the regents of education.
Sec. 23. Whenever a properly audited and authenticated voucher of the regents of education is presented to the auditor of State, it shall be his duty to transmit promptly to the office of secretary of the regents of education his warrant for a corresponding sum on the State treasurer, unless said voucher shall overdraw the fund from which it is made payable.
SEC, 24. The regents of education shall, on or before the 15th day of December previous to each biennial session of the legislature, prepare and present to the governor of the State, for his use and for the use of the legislature, a full detailed report of all their doings for the preceding two years, with a statement of the work and the condition financially and educationally of all the institutions under their control, with such recommendations as they may desire to make, and with detailed estimates for legislative aid, if in their judgment any is needed. They
shall also, by themselves or their authorized representative, attend upon the session of the legislature whenever required so to do by a committee of either house. They shall also prepare, or cause to be prepared and transmitted at proper times, all reports required of them by the United States laws. (March 5, 1897.)
[The following matter is taken from the Annotated Code of Tennessee, by R. T. Shannon, Nashville, Tenn., 1996.] Sec. 352. The act of Congress of the United States,
approved July 2, 1862, and subsequent acts,
and especially all the conditions set forth in the fifth section thereof, and numbered first, second, third, fourth, fifth, and sixth, are accepted by the State of Tennessee upon the conditions prescribed.' (Laws of 1865 and 1867-68.)
[The act of February 1, 1868, provides for the sale of the land scrip received by the State and for the investment of the proceeds in 6 per cent interest-bearing bonds of the State.]
SEC. 353. The proceeds of the sale of the agricultural scrip appropriated by Congress for the establishment of an institution of learning devoted to agricultural and the mechanic arts are appropriated to the University of Tennessee, upon the restrictions and conditions mentioned in this article. (Laws of 1868–69 and 1879.)
Sec. 354. The State of Tennessee assents to the conditions of an act of the United States Congress approved March 3 , 1887,
and authorizes the treasurer of the University of Tennessee to accept any grants of money authorized by that act in the State of Tennessee, and to give his official receipt for thesame.. (Laws of 1887.)
SEC. 355. Said grants of money to Tennessee shall, as a part of the agricultural fund, be committed to the trustees of the University of Tennessee, now in charge of the State experiment station, there to be applied as the said act of Congress directs, and all results and expenditures shall be reported in accordance with the provisions of the act making the grants which are hereby accepted. (Laws of 1887.)
SEC. 356. The State of Tennessee assents to the purpose of the act of the United States Congress approved August 30, 1890, * and empowers the treasurer of the University of Tennessee to accept the whole of said grants of money authorized by the said act to be paid in the State of Tennessee, and to give his official receipt for the same. (Laws of 1891.)
SEC. 357. Said grants of money to Tennessee shall, as a part of the endowment. and support of the college for the benefit of agriculture and the mechanic arts, established by contract of this State with the trustees of the University of Tennessee, be committed to the trustees of the said university, in accordance with: the requirements of the act of Congress making the grants, to be applied by them as the said act of Congress directs; and all results and expenditures shall bereported in accordance with the provisions of the act making the grants, all of which are hereby assented to and accepted for this State. (Laws of 1891.)
SEC. 358. It shall be the duty, of the trustees of said university to establish an agricultural college so as to strictly conform to the Congressional enactment making the appropriation; and the fund hereby appropriated shall be used only according to the terms of the Congressional enactment making the appropriation to the State. (Laws of 1868–69.)
SEC. 359. As soon as the trustees of said university shall have completed buildings for the accommodation of 275 students, and shall have furnished the same with appropriate school furniture, and shall have provided suitable lands not less in extent than 200 acres, so that the whole property shall be worth, at a fair estimate of values, not less than $125,000, it shall be lawful for the governor of the State to issue to the trustees of said university the bonds of the State in which the proceeds of the sale of the agricultural scrip have been invested. (Laws of 1868–69.)
Sec. 360. The secretary of state shall register the number and denominations of the bonds issued to the trustees of said university, and shall also cause the character of the issue to be indelibly printed upon the bonds, and shall retain a file of said numbers and denominations in his office. (Laws of 1868-69.)
SEC. 361. Two hundred and seventy-five students from the State of Tennessee shall at all times be entitled to receive free tuition in said university, the said students to be appointed by the several senators and representatives in the general assembly of the State, each senator being entitled to appoint two and each repre
ED 1903- -13
sentative three students, according to the population of the counties represented by them. (Laws of 1873 and 1879.)
SEC. 362. In order to secure more regularity in the appointment of State cadets in the University of Tennessee by senators and representatives, as provided by law, and to secure greater usefulness of their appointments to the State at large, it shall be the duty of the State superintendent, in the month of May in each year, to issue notice to the county and city superintendents of schools throughout the Stats, requiring them to hold public examinations of candidates for appointment in their respective counties or cities, and giving full and uniform directions with reference to the subject and method of such examinations. (Laws of 1879.)
SEC. 363. It shall be the duty of the county and city superintendents, on the receipt of such directions, to give due public notice thereof for not less than ten days, and in the month of June each shall proceed to hold such examination or examinations as may be necessary in his county or city, engaging, if necessary, the assistance of suitable persons, but without cost to the State; and on the conclusion of such examination, or within ten days thereafter, he shall transmit a list of the qualified candidates in their order of merit, as determined by the examinations, to the State superintendent of public instruction, who shall kep a roll of the names by counties and cities in his office. (Laws of 1879.)
SEC. 364. It shall be the duty of the State superintendent on the receipt of such list from any county or city superintendent to communicate the same to the senators or representatives thereof, with the number of vacancies in such appointments actually existing for the said county or city, which shall be ascertained from the roll of the university, and the said senators and representatives may then proceed to make their appointments from the said lists, notifying the same to the State superintendent, who shall keep a roll thereof in his office and communicate the same to the president of the university. (Laws of 1879.)
SEC: 365. If in any county or city the list of qualified candidates should not be sufficient for the appointment as now authorized by law, any senator or representative may make his appointment from any other county or city in which there may be a surplus of qualified candidates after the senator and representative or senators and representatives thereof shall have completed their appointments. (Laws of 1979.)
SEC. 366. If by the 10th day of August there shall still remain vacancies unfilled by senators or representatives, the president of the university shall be authorized to fill the same from the list of qualified candidates up to the number authorized by law: Provided. That such appointments by the president shall be for one year only, and in making the same preference shall be given to counties and cities whose quota has not been filled and to those persons therein who stood highest in the order of merit. (Laws of 1879.)
SrC. 367. In the event of a vacancy occurring in any of the aforesaid appointments in any county or city in which the list of qualified candidates has been exhausted it shall be the duty of the county or city superintendent, on the written request of any senator or representative of such county or city, to hold such examination as is herein provided for such applicant or applicants as may be recommended by the said senator or representative and to proceed therewith in the form and manner herein provided; but nothing herein shall be construed to limit or abridge the right of appointment by senators or fepresentatives as authorized by law. (Laws of 1879.)
SEC. 368. The profits arising from crops on the agricultural farm shall be annnally applied by the board of trustees toward paying the necessary expenses of students who are in indigent circunstances; ard tho trustees are required to carry on a farm under such regulations as they may prescribe, and to require all students who are physically able to labor on said farm, but not exceeding two hours each day, except in the way of punishment, should the trustees or faculty adopt stich system of correction of the pupils. (Laws of 1868-69.)
SEC. 369. The governor of the State, the secretary of state, and the State superintendent of public instruction shall be ex officio members of the board of trustees of said university. (Laws of 1868-69.)
SEC: 370. The board of trustees of said university shall deposit with the secretary of stato their bond, ma le payable to the State of Tennessee, with security, approved by the governor of the State and the comptroller of the State, in double the amount of the issue of said bonds to the trustees of said university, said bond to contain all the details of the Congressional enactment making the appropriation, and the legislative enactments accepting the same, and to bind said trustees to carry them into effect, all and singly. (Laws of 1868-69.)
Sec. 371. The board of trustees of the university, receiving its foundation and endowments by the munificence of the United States Government and that of the State of Tennessee, shall always foster, enconrage, and inculcate loyalty to both the State and National governments, as well in the general administration of the institution as in the discipline of the pupils; and the university shall not be controlled in the interest of any particular sect or religious denomination whatever. (Laws of 1868–69.)
SEC. 372. The trustees of this institution shall make and submit a report to the governor ten days before the general assembly convenes, giving the number of stndents, together with a detailed statement of the workings of the institution and of receipts and expenditures, and it shall be transmitted by him, along with his regular message, thereto; and they shall at the same time make secure the bond required by section 370 hereof. (Laws of 1868-69 and 1873.)
SEC. 372a. No citizen of this State, otherwise qualified, shall be excluded from the privileges of the university by reason of his race or color, but the accommodation and instruction of persons of color shall be separate from the white. (Laws of 1868-69.)
SEC. 373. The legislature reserves the right to control and manage said fund by whatever legislation may be deemed necessary for its protection and safety: Provided, No such legislation shall extend to the removal of said fund from the University of Tennessee so long as it shall comply with and observe the requirements of the act of Congress donating said fund. (Laws of 1868-69 and 1879.)
[The following matter is taken from “Revised civil statutes of the State of Texas, adopted at the regular session of the twenty-fourth legislature, 1845.” Austin, Tex., 1805.]
ART. 3860. The Agricultural and Mechanical College of Texas, established by an act of the legislature passed April 17, 1871, located in the county of Brazos, and by the constitution made and constituted a branch of the University of Texas, for instruction in agriculture, the mechanical arts, and the natural science connected therewith, shall be managed and controlled as herein provided.
ART. 3861. The leading object of this college shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanical arts, in such manner as the legislature may prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.
ART. 3862 [as amended by act of March 9, 1899]. The government of the Agricultural and Mechanical College of Texas shall be vested in a board of eight directors (one of whom shall be the commissioner of agriculture, insurance, statistics, and history, as provided in article 2921, revised civil statutes, and whose tenure of office shall be governed by the act under which he is appointed), who shall reside in different portions of the State, who shall be appointed by the governor, by and with the advice and consent of the senate. The members of the present board shall continue to exercise their duties until the expiration of their respective terms.
ART. 3863 [as amended by act of March 9, 1899). The board of directors shall be divided into classes, numbered one, two, three, and four, as determined by the governor; shall hold their office two, four, six, and eight years, respectively, from the date of their appointment and until their successors are appointed and qualified. Two members shall be appointed at each session of the legislature to supply the vacancies made by the provisions of this article and in the manner provided for in the preceding article, who shall hold their office for eight years, respectively.
ART. 3864. Should a vacancy occur in the said board by the death, resignation, or otherwise of any one of the directors so appointed, the governor shall fill tho same by appointment, which shall continue until the term for which he was appointed shall expire.
ART. 3865. The governor shall be authorized to call said board together after their appointment, and said board shall at their first meeting elect from their nnmber a president of the board, who shall thereafter be anthorized to call said board together for the transaction of business whenever he deems it expedient, and a majority of said board shall constitute a quorum for the transaction of business.
ART. 3866 (as amended by act of March 9, 1899). Said directors shall serve without compensation, but shall receive their actual expenses incurred in attending the meetings of the board or in the transaction of any business of the college imposed by said board.
Art. 3867. The secretary of state shall forward a certificate to each director within ten days after his appointment, notifying him of the fact of such appointment, and should any director so appointed and notified fail for ten days to give notice to the governor of his acceptance, his appointment shall be deemed void and his place filled as in case of vacancy:
Art. 3868. There shall be maintained and instructed at said college annually, free of charge to them, three students from each senatorial district in this State, one of whom shall be appointed by the senator of such district, and the other two by the representatives thereof. One-half of said students so appointed shall be compelled to take an agricultural and the other half a mechanical course of study, to be assigned thereto by the president of said college, and in order to pay their expenses the comptroller, on proper vouchers being filed in his office by the directors, is authorized to draw his warrant on the State treasurer against any appropriation made for that purpose.
ART. 3869. The board of directors shall, when necessary, appoint the president and professors of the college, and such other officers as from time to time they may think proper to keep the college in successful operation, and may, from time to time, abolish any office that is in their judgment unnecessary.
ART. 3870. Said board shall also from time to time make such by-laws, rules, and regulations for the government of said college as they may deem meet and proper for that purpose, and shall regulate the course of study, the rates of tuition, the manner of performing labor, and the kind of labor to be performed by the students of said college, and shall also prescribe the course of discipline necessary to enforce the faithful discharge of the duties of the professors, officers, and students.
ART. 3871. It shall be the duty of the board to have printed for the benefit of the people of the State and officers and students of the said college such by-laws, rules, and regulations as they are authorized by the preceding article to prescribe.
ART. 3872. The money arising from the sale of the 180,000 acres of land donated to this State by the United States under the provisions of an act of Congress passed on July 2, 1862, and an amended act of Congress of July 23, 1866, shall constitute a perpetual fund, under the conditions and restrictions imposed by the aboverecited acts, for the benefit of said college, and the investment of the same, heretofore made in the bonds of the State, shall continue until the legislature shall by law direct it to be invested otherwise in furtherance of the interests of said college and in accordance with the terms on which it was received.
ART. 3873. The interest heretofore collected by the State board of education in accordance with the provisions of the act of August 21, 1876, due at the end of the fiscal year of 1876, on the bonds belonging to said Agricultural and Mechanical College and invested in 6 per cent State bonds, shall also constitute a part of the perpetual fund of said college until the legislature shall otherwise provide.
ART. 3874. It shall be the duty of the State board of education to collect the semiannual interest on the bonds mentioned in the two preceding articles as the same becomes due, and place the same in the treasury of the State to the credit of said college fund.
ART. 3875. The interest on the bonds which were purchased with the proceeds of the said land scrip, and also the interest on the bonds in which the accrued interest of the said bonds was invested, as heretofore set out in this chapter, is set apart exclusively for the use of said college, and shall be drawn from the treasury by the board of directors on vouchers audited by, said board or approved by the governor and attested by the secretary of the board.
Art. 3876. On such vouchers being filed with the comptroller, it shall be his duty to draw his warrant on the State treasurer for the same from time to time as the same may be needed to pay the directors, professors, and officers of the college.
ART. 3877. The agricultural and mechanical college for the benefit of colored youths, located in Waller County, as established by an act of the legislature approved August 14, 1876, shall be under the supervision and control of the board of directors of the agricultural and mechanical College located in Brazos County, and established by an act of the legislature passed April 17, 1871.
ART. 3878. The said board of directors shall in all respects have the same powers and perform the same duties in reference to the college named in the preceding article as they are clothed with in reference to the agricultural and mechanical college located in Brazos County.
ART. 3885. The normal school for colored teachers at Prairie View shall be under the control and supervision of the board of directors of the agricultural and mechanical college. (1879.)
Art. 3886 [as amended by act of June 6, 1899). Said board of directors shall