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cies in such scholarships shall be filled by the senators who made the appointment vacated, or by his successor in office.
SEC. 3. If any senator shall have failed to appoint to said scholarship before the beginning of the school year next following the expiration of the appointment made by his predecessor, after notice by the officers of said institution of such expiration and vacancy, the officers of said institution are authorized to designate and appoint a student to such scholarship. (November 21, 1898.)
[The following matter is taken from The Code of Virginia, 1887 (Richmond, Va., 1887), and the Supplement to the Code of Virginia, 1898 (Richmond, Va., 1898).]
SEC. 1586. The general assembly having accepted the donation of lands proffered to Virginia by the act of Congress of July 2, 1862, with the conditions and provisions therein contained, and the authorities of the State having received from the Government of the United States the land scrip she was entitled to under said act of Congress, and the board of education having, in conformity with the acts of February 7, 1872, and March 19, 1873 , made sale of the scrip and invested the proceeds in the purchase of State bonds, which were directed to be set apart and to constitute an education fund, the annual interest whereof was to be apportioned as follows, that is to say, one-third thereof to the Hampton Normal and Agricultural Institute and two-thirds thereof to the Preston and Olin Institute on certain conditions in said act of March 19, 1872, named, one of which was that the name of the said Preston and Olin Institute should be changed to the Virginia Agricultural and Mechanical College, which has been done accordingly; and the general assembly having, by act of February 26, 1877, directed the bonds aforesaid to be turned over to the second auditor, who was required in lieu of the same to substitute a statement prepared and signed in duplicate by the treasurer and countersigned by the second auditor showing the number, size, and character of said bonds, with the amount of interest due on them severally, which statement was to have all the validity and force of the bonds themselves, and that the accruing interest should be paid in accordance with the acts already referred to, all of which has been done, all of said acts and the proceedings of the State officers thereunder are recognized as valid and binding. And it being deemed advisable to add to the name of the said college the words "and Polytechnic Institute," so that said college shall hereafter be known as the Virginia Agricultural and Mechanical College and Polytechnic Institute, it is enacted that the annual accruing interest as aforesaid shall continue to be paid until otherwise provided by law as follows, that is to say: One-third thereof to the Hampton Normal and Agricultural Institute, in the county of Elizabeth City, and two-thirds to the board of visitors of the Virginia Agricultural and Mechanical College and Polytechnic Institute, in the county of Montgomery, on the conditions prescribed as aforesaid. (1871-72, 1872-73, 1895-96.)
SEC. 1587. A number of students equal to twice the number of members of the house of delegates, to be apportioned in the same manner, shall have the privilege of attending said college without charge for tuition, use of laboratories, or public buildings, to be selected by the school trustees of the respective counties, cities, and election districts for said delegates, with reference to the highest proficiency and good character, from the white male students of the free schools of their respective counties, cities, and election districts, or, in their discretion, from others than those attending said free schools. (1877-78.)
SEC. 1588. If at any time the said annuity should be withdrawn from the said college, the property, real and personal, conveyed and appropriated to its use and benefit by the trustees of the Preston and Olin Institute and by the county of Montgomery shall revert to the said trustees and to the said county, respectively, from which it was conveyed and appropriated. (1871-72.)
SEC. 1589. The curriculum of the said college shall embrace such branches of learning as relate to agriculture and the mechanic arts, without excluding other scientific and classical studies, and including military tactics. (1871-72.)
SEC. 1590. The said students, privileged to attend the college without charge for tuition, use of laboratories, or public buildings, shall continue to be selected for the period of two years: Provided, That, on the recommendation of the faculty of the said college for more than ordinary diligence and proficiency, any student so selected may be continued by the said Loard of visitors for a longer period. (1871-72.)
SEC. 1591. The governor, by and with the advice and consent of the senate, shall appoint eight persons, from farmers, mechanics, and graduates of said college, as visitors of said college, selecting, if practicable, two from each of the four grand divisions of the State. Their term of office shall be for four years. The present division into two classes, designated as the first class and second class, each composed of four visitors, shall continue, and when and as the terms of office of the present members of each class shall expire the governor shall then and annually thereafter, by and with the advice and consent of the senate, appoint successors to those whose terms have expired. If a vacancy occur during the recess of the general assembly, the governor shall fill it by appointment for the unexpired term of the late incumbent, subject to the ratification of the senate at the next session of the general assembly. The eight persons so appointed, together with the superintendent of public instruction, who shall be ex officio member, shall constitute the board of visitors. (1879-80, 1889-90, 1891-92.)
SEC. 1592. The said corporation shall be and remain a corporation under the name and style of the board of visitors of the Virginia Agricultural and Mechanical College and Polytechnic Institute, and shall at all times be under the control of the general assembly. All acts and parts of acts relating to the Virginia Agricultural and Mechanical College or to the board of visitors of the Virginia Agricultural and Mechanical College shall be construed as relating to the Virginia Agricultural and Mechanical College and Polytechnic Institute or the board of visitors of the Virginia Agricultural and Mechanical College and Polytechnic Institute. (1872-73, 1895-96.)
SEC. 1593. The board of visitors shall appoint from their own body a rector, who shall preside at their meetings, and, in his absence, a president pro tempore. They shall also appoint a clerk to the board. A majority of the board shall constitute a quorum. (1871-72.)
SEC. 1594. If any visitor fails to perform the duties of his office for one year, without good cause shown to the board, the said board shall, at the next meeting after the end of such year, cause the fact of such failure to be recorded in the minutes of their proceedings, and certify the same to the governor, and the office of such visitor shall thereupon be vacant. If so many of such visitors fail to perform their duties that a quorum thereof do not attend for a year, upon a certificate thereof being made to the governor by the rector or any member of the board, or by the chairman of the faculty, the offices of all the visitors failing to attend shall be vacant. (1871-72.)
SEC. 1595. The said board shall meet at Blacksburg, in the county of Montgomery, at least once a year, and at such other times or places as they shall determine, the days of meeting to be fixed by them. Special meetings of the board may be called by the governor, the rector, or any three members. In either of said cases notice of the time and place of meeting shall be given to every other member. (1871-72.)
SEC. 1596. The said board shall be charged with the care and preservation of the property belonging to the college. They shall appoint as many professors as they deem proper, and, with the assent of two-thirds of the members of the board, may remove any professor or other officer of the college. They shall prescribe the duties of each professor and the course and mode of instruction. They shall appoint a president of the college, and may employ such agents or servants as may be necessary; they shall regulate the government and discipline of the students; and generally, in respect to the government of the college, inay make such regulations as they deem expedient, not contrary to law. Such reasonable expenses as the visitors may incur in the discharge of their duties shall be paid out of the funds of the college. (1871-72, 1879-80.)
SEC. 1597. Each professor shall receive a stated salary, to be fixed by the board of visitors, and the board shall fix the fees to be charged for tuition of students other than those allowed under this chapter to attend the college free of tuition, which shall be a credit to the fund of the college. (1871-72.)
SEC. 1598. A portion of the fund [received under the act of July 2, 1862], not exceeding 10 per cent of the proportion assigned to the said college and the said institute may be expended, in the discretion of the boards of visitors of the said institutions, respectively, in the purchase of lands for experimental farms for each of them; and a portion of the accruing interest may be, from time to time, expended by the respective boards in the purchase of laboratories suitable and appropriate for the said institutions. (1871–72.)
SEC. 1599. The agricultural experimental station established at the said college shall be continued, the same to be maintained by such appropriations as the Congress of the United States may make for the purpose. (1885-86.)
SEC. 1600. The board shall require the treasurer, or officer in whose hands the
funds of the college may be placed, to give bond in double the amount of the annual income of the college, payable to the Commonwealth, with condition for the faithful discharge of the duties of his office, which bond, being approved by the board and entered at large on its journal, shall be transmitted to the auditor of public accounts and remain filed in his office. (1872-73.)
SEC. 1601. It shall be lawful for the board to accept the subscription of any county made under an act to authorize subscriptions in aid of the said college, approved March 21, 1872, and also the donation of any individual in aid of the purposes and objects of said college; and such donations and subscriptions, when made, shall be held by said board in trust for the benefit of said college, on condition that the same shall revert to the several donors or subscribers, pari passu, if at any time the State of Virginia should withdraw from the use of the said college the interest accruing on the proceeds of the land scrip, as provided in this chapter. (1871–72.)
SEC. 1602. The said appropriation to the Hampton Normal and Agricultural Institute is upon condition that the trustees thereof shall continue to maintain and support therein one or more schools or departments wherein the leading object shall be instruction in such branches of learning as relate especially to agriculture, the mechanic arts, and military tactics. On January 1, 1889, and on January 1 in every fourth year thereafter, the governor shall appoint six persons, citizens of the Commonwealth, three of whom shall be of African descent, as curators of the fund appropriated as aforesaid to the said institute. The present curators, unless sooner removed, shall continue in office until January 1, 1889.
SEC. 1603. The trustees of said institute may select not less than 100 students, with reference to their character and proficiency, from the colored free schools of the State, who shall have the privilege of attending the said institute on the same terms that State students are allowed to attend the agricultural and mechanical college, under section 1590. (1871-72.)
SEC. 1604. The curators of the said institute shall appoint a treasurer, who may be allowed a reasonable compensation, and who shall be required to enter into bond, payable to the Commonwealth, in a penalty at least double the amount of the annual income which may arise from the proceeds of the land scrip apportioned to said institute, and with condition for the faithful discharge of the duties of his office. (1872-73.)
SEC. 1605. The board of education shall pay and turn over to the said treasurer for the said institute and to the board of visitors of the Virginia Agricultural and Mechanical College all funds received by them for the use and benefit of said institutions, respectively; and the second auditor shall draw on the public treasury in favor of the said treasurer and board of visitors, respectively, from time to time, until otherwise ordered, for the same rate of interest as may be paid by act of the general assembly to other incorporated colleges or seminaries of learning in this State on all bonds of the Commonwealth, or bonds guaranteed by the Commonwealth, held by or for such institutions. (1872-–73.)
SEC. 1606. An annual report shall be made by the president of each of said institutions, after the close of each collegiate year, to the board of visitors of the condition of each institution, its receipts and disbursements during the preceding year, the amount of salary paid to each professor, the amount received in tuition fees from pay students, any improvements and experiments made, with their costs and results, and such other matters, including State, industrial, and economical statistics, as may be supposed useful; a copy of which shall be furnished to the superintendent of public instruction, to be laid before the general assembly at its next regular session. (1871-72.)
SEC. 1607. The general assembly reserves to itself the power, at any time, to repeal or alter any provisions of this chapter and to withdraw from either of said institutions the whole or any part of the appropriations made to them. (1871-72.) Laws, 1887-88, chapter 284: SECTION 1. The State of Virginia hereby assents to the grants of money made by and in accordance with the act of Congress approved March 2, 1887, and accepts the same, subject to the conditions and provisions of said act.
SEC. 2. The board of visitors of the Virginia Agricultural and Mechanical College, at Blacksburg, at which an agricultural experiment station has already been established, is authorized and empowered to establish in connection with said station such branch stations at such places as in the discretion of said board of visitors they may deem proper, subject to the approval of the governor. (February 29, 1888.)
Laws, 1893-94, chapter 347: SEC. 2. The State of Virginia hereby assents to the grants of money made under and in accordance with the act of Congress aforesaid, ED 1903-14
approved August 30, 1890, and accepts the same; and the legislature of Virginia proposes and reports to the honorable Secretary of the Interior of the United States that hereafter the funds to be paid to this State, under said act, be apportioned between the said institutions in the following ratio, viz: One-third thereof to the Hampton Normal and Agricultural Institute and two-thirds to the Virginia Agricultural and Mechanical College.
SEC. 3. The auditor of public accounts shall receive from the Secretary of the Interior such sums of money as shall be allotted to Virginia, and pay over the same in the proportion aforesaid to the treasurer of the Hampton Normal and Agricultural Institute and to the treasurer of the Virginia Agricultural and Mechanical College, who shall receive and disburse the same as required by section 2 of the act of Congress aforesaid. (February 23, 1894.)
Constitution (1889), article 9: SECTION 1. It is the paramount duty of the State to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.
SEC. 2. The legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools and such high schools, normal schools, and technical schools as may hereafter be established. * *
SEC. 4. All schools maintained or supported wholly or in part by the public funds shall be forever free from sectarian control or influence.
SEC. 5. All losses to the permanent common school or any other State educational fund which shall be occasioned by defalcation, mismanagement, or fraud of the agents or officers controlling or 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 particular fund sustaining such loss, upon which not less than 6 per cent annual interest shall be paid. *
[The following matter is taken from Ballinger's Annotated Codes and Statutes of Washington, showing all Statutes in Force, including the Session Laws of 1897, by Hon. Richard A. Ballinger. 2 vols. Seattle and San Francisco, 1897.]
SEC. 2512. The State Agricultural College, Experiment Station, and School of Science of the State of Washington, as heretofore located [act of March 9, 1891] at Pullman, Whitman County, shall be an institution of learning open to the children of all residents of this State, and to such other persons as the board of regents may determine, under such rules and regulations as may be prescribed by the board of regents; shall be nonsectarian in character, and devoted to practical instruction in agriculture, mechanic arts, and natural sciences connected therewith, as well as a thorough course of instruction in all branches of learning upon agricultural and other industrial pursuits. (1891, 1897.)
SEC. 2513. The governor of the State of Washington, the superintendent of public instruction, members of the legislature, and county commissioners shall be ex officio visitors of said college. But said visitors shall have no power granted to control the action of the board of regents or to negative its duties as defined by law. (1890, 1897.)
SEC. 2514. The course of instruction of said college shall embrace the English language, literature, mathematics, philosophy, civil and mechanical engineering, chemistry, animal and vegetable anatomy and physiology, veterinary art, entomology, geology, political economy, rural and household economy, horticulture, moral philosophy, history, mechanics, and such other courses of instruction as shall be prescribed by the board of regents. One of the objects of said college shall be to train teachers of physical science, and thereby further the application of the principles of physical science to industrial pursuits; to collect information as to schemes of technical instruction adopted in other parts of the United States and in foreign countries, and to hold farmers' institutes at such times and places and under such regulations as the board of regents may determine. (1891, 1897.) SEC. 2515. The board of regents shall provide that all instruction given in the college shall, to the utmost practicable extent, be conveyed by means of practical work in the laboratory, and shall provide in connection with said college the following laboratories: One physical laboratory or more, one chemical laboratory or more. and one biological laboratory or more, and suitably furnish and equip the same. Said board of regents shall provide that all male students shall be trained in military tactics. Said board of regents shall establish a department of said college
to be designated the department of elementary science, and in connection therewith provide instruction in the following subjects: Elementary mathematics (including elementary trigonometry), elementary mechanics, elementary and mechanical drawing, and land surveying. Said board of regents shall establish a department of said college to be designated the department of agriculture, and in connection therewith provide instruction in the following subjects:
First. Physics, with special application of its principles to agriculture. Second. Chemistry, with special application of its principles to agriculture. Third, Morphology and physiology of plants, with special reference to the commonly grown crops and their fungus enemies.
Fourth. Morphology and physiology of the lower forms of animal life, with special reference to insect pests.
Fifth. Morphology and physiology of the higher forms of animal life, and in particular of the horse, cow, sheep, and swine.
Sixth. Agriculture, with special reference to the breeding and feeding of live stock and the best mode of cultivation of farm produce.
Seventh. Mining and metallurgy.
And it shall appoint demonstrators in each of these subjects to superintend the equipment of a laboratory and to give practical instruction in the same. Said board of regents shall establish an agricultural experimental station in connection with the department of agriculture of said college, appoint its officers, and prescribe such regulations for its management as it may deem expedient. Said board of regents may establish other departments of said college and provide courses of instruction therein when those are, in its judgment, required for the better carrying out of the object of the college. (1890, 1897.)
SEC. 2516. The management of said college and experiment station, the care and preservation of all property of which such institution shall become possessed, the erection and construction of all buildings necessary for the use of said college and station, and the disbursement and expenditure of all money provided for by this chapter shall be vested in a board of five regents; said five members of the board of regents shall be appointed in the manner provided by law; said regents and their successors in office shall have the right of causing all things to be done necessary to carry out the provisions of this chapter. The board of regents provided for in this chapter shall be appointed by the governor, by and with the advice and consent of the senate, one for a term of two years, two for a term of four years, and two for a terin of six years; and each regent shall, before entering upon the discharge of his respective duties as such, execute a good and sufficient bond to the State of Washington, with two or more sufficient sureties, residents of the State, in the penal sum of not less than $5,000 each, conditioned for the faithful performance of his duties as such regent: Provided, That all appointments made to fill vacancies caused by death, resignation, or otherwise shall be for the unexpired term of the incumbent whose place shall have become vacant. All other appointments made subsequent to the appointment of the first board of regents provided for in this act shall be for the term of six years and until the appointment and qualification of a successor to each appointee: Provided further, That at least three of the members of the board of regents so appointed shall be residents of eastern Washington and one shall be a resident of western Washington: Provided further, That regents now serving upon such board shall continue as such during the term for which they were respectively appointed. (1891, 1897.) SEC. 2517. The board of regents of the agricultural college, experiment station, and school of science shall meet and organize by the election of its president and treasurer from their own number on the first Wednesday in April of each year. The person so selected as treasurer shall, before entering upon the discharge of his duties as such, execute a good and sufficient bond to the State of Washington, with two or more sufficient sureties, residents of the State, in the penal sum of not less than $40.000, conditioned for the faithful performance of his duties as such treasurer and that he will faithfully account for and pay over to the person or persons entitled thereto all moneys which shall come into his hands as such officer, which bond shall be approved by the governor of the State, and shall be filed with the secretary of state. The president of the college shall be secretary of the board of regents, and shall perform all the duties pertaining to that office, but shall not have the right to vote. The secretary shall, in like manner as the treasurer, give a bond in the penal sum of not less than $5,000, conditioned for the faithful performance of his duties as such officer. (1891, 1897.)
SEC. 2518. The president of said board shall be the chief executive officer, shall preside at all meetings thereof (except that in his absence the board may appoint a president pro tempore), and sign all instruments required to be executed by said board. The treasurer shall be the financial officer of said board, shall keep a true