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account of all moneys received and expended by him. The secretary shall be the recording officer of said board, shall attest all instruments required to be signed by the president, and shall keep a true record of all the proceedings of said board, and generally do all other things required of him by said board. (1891, 1897.)
SEC. 2519. The regents shall have the power, and it shall be their duty, to enact laws for the government of said agricultural college, experiment station, and school of science: Provided, The board of regents shall maintain at least one experimental station in the western portion of the State. (1891, 1897.)
SEC. 2520. The board of regents shall direct the disposition of any moneys belonging to or appropriated to the agricultural college, experiment station, and school of science established by this article, and shall make all rules and regulations necessary for the management of the same, adopt plans and specifications for necessary buildings, and superintend the construction of said buildings, and fix the salaries of professors, teachers, and other employees, and tuition fees to be charged in said college. (1891, 1897.)
SEC. 2521. The agricultural experiment station provided for in this article in connection with said agricultural college shall be under the direction of said 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 Mirch 2, 1887.
The said college and experiment station shall be entitled to receive all the benefits and donations made and given to similar institutions of learning in other States and Territories of the United States by the legislation of the Congress of the United States now in force or that may be enacted, and particularly to the benefits and donations given by the provisions of [the acts of Congress approved July 2, 1862, and acts supplementary thereto, March 2, 1887, and August 30, 1890]. (1891, 1897.)
SEC. 2522. The assent of the legislature of the State of Washington is hereby given, in pursuance of the requirements of section 9 of said act of Congress approved March 2, 1887, to the granting of money therein inade to the establishment of experiment stations in accordance with section 1 of said last-mentioned act, and assent is hereby given to carry out within the State of Washington every provision of said act. (1891, 1897.)
SEC. 2.723. The meetings of the board of regents may be called in such manner as the board may prescribe, and the majority of said board shall constitute a quorum for the transaction of business; but a less number may adjourn from time to time. All meetings of the said board may be held in the office of the college buildings. No vacancy in said board shall impair the rights of the remaining board. A full meeting of the board shall be called at least once a year. (1891, 1897.)
SEC, 2524. Each member of the board of regents created by this chapter shall, before entering upon his duties, take and subscribe an oath to discharge faithfully and honestly his duties in the premises and to perform strictly and impartially the same to the best of his ability. Said oath shall be filed with the secretary of state. (1891, 1897.)
SEC. 2525. The regents shall allowed their actual and necessary traveling expenses in going to and returning from all the necessary sessions of their board, and also their necessary expenses while in actual attendance upon the same. (1891, 1897.)
SEC. 2526. The board of regents shall, on or before the 1st day of November of each year, make a full and true report in detail of all their acts and doings during the previous year, their receipts and expenditures, the exact status of their institution, and other information they may deem proper and useful or which may be called for by the governor, whicli said report shall be made to the governor, who shall transmit the same to the succeeding session of the legislature. A copy of said report shall be furnished to the superintendent of public instruction. (1891, 1997.)
SEC. 2527. The treasurer of said board shall make disbursements of the funds in his hands on the order of the board, which order shall be countersigned by the secretary of the board, and shall state on what account the disbursement is made. (1891, 1897.)
SEC. 2528. No employee or member of the board created by this chapter shall be interested pecuniarily, either directly or indirectly, in any contract for any building or improvements of said institution, or for the furnishing of supplies for the
(1891, 1897.) SEC. 2529. The governor of the State shall be ex officio advisory member of the board provided for in this chapter, but shall not have the right to vote nor be eligible to office therein. (1891, 1897.)
SEC. 2530. The board of regents are hereby empowered to grant the usual ac-
demic and honorary degrees, and to issue diplomas therefor, upon the recommendation made by the faculty. (1895, 1897.)
SEC. 2531. It shall be the duty of the board of regents herein provided for, as soon after their organization as practicable, and as soon as there shall be an appropriation therefor in the hands of the State treasurer in any amount sufficient to warrant the beginning of the erection of the several buildings herein provided for, or any wing or section of the same, to enter into contracts with one or more contractors for the erection and construction of such suitable buildings and improvements for the institution created by this chapter as in their judgment shall be deemed best, or the funds aforesaid shall warrant, all things considered; such contract or contracts to be let after open public notice and competition, under such regulations as shall be established by said board, to the person or persons who offer to execute such work on the most advantageous terms: Proviled, That in all cases said board shall require from contractors a good and sufficient bond for the faithful performance of the work and the full protection of the State against mechanics' and other liens: And provided further, That the board shall not have the power to enter into any contract for the erection of any buildings or improvements which shall bind said board to pay out any sum in excess of the amount provided for said purpose. (1891, 1897.)
SEC. 2532. The board provided for in this chapter shall have power in their discretion to employ skilled architects and superintendents to prepare plans and specifications and to supervise the construction of any of the buildings provided for in this chapter and to fix the compensation for such services, subject to the provisions and restrictions of this act. (1891, 1897.)
SEC. 2533. Whenever there shall be any money in the hands of the State treasurer to the credit of any of the specific funds set apart for the institution created by this chapter, deemed sufficient by the board to commence the erection of any of the necessary buildings or improvements or to pay the necessary running or other expenses of said institution, the State auditor, on the request in writing of said board shall, and it is hereby made his duty to, draw his warrants in favor of the treasurer of said board and upon the State treasury against the specific fund belonging to said institution in such sum, not exceeding the amount on hand in such specific fund, at such time as said board may deem necessary: Provided, That said board shall draw said money as it may be necessary to disburse the same. (1891, 1897.)
Laws, 1895, chapter 167: SECTION 1. (Makes the professor of veterinary science at the agricultural college ex officio State veterinarian.)
Laws, 1899, chapter 43: SEC. 16. The secretary of state, the professor of agri, culture of the agricultural college, and the dairy commissioner are hereby created a State board of dairy commissioners ex officio. (March 7, 1899.)
Laws, 1899, chapter 82: SECTION 1. The operation and conduct of the agricultural experiment station heretofore established at Puyallup, Wash., shall be under the supervision and control of the board of regents of the agricultural college and school of science, and the State auditor is hereby authorized to audit all claims, and, if found correct, to issue warrants upon the State treasurer in payment of bills duly authorized by said board as provided by law, and the State treasurer is hereby directed to pay the same. (March 13, 1899.)
[The following matter is taken from The ('ode of West Virginia (fourth edition), compiled by John A. Warth. Charleston, 180.]
Chapter 45: Sec. 76. The Agricultural College of West Virginia, located and established at Morgantown, in the county of Monongalia, in pursuance of the act passed February 7, 1867, entitled "An act for the regulation of the West Virginia Agricultural College,” 'shall be and remain as so established and located; and all the provisions of said act, except so far as the same may be altered by this chapter, shall remain in full force and effect to the same extent as if this chapter as amended had not been passed. (1872-73, 1881.)
SEC. 77. The name of said college shall hereafter be " The West Virginia University,” by which name it shall have and hold all the property, funds, invest. ments, rights, powers, and privileges now had and held under the name prescribed in the above-recited act. (1872–73, 1881.)
SEC. 78 (as amended by Laws, 1901, chapter 52, passed February 18, 1901). For the government and control of said university there shall be a board of regents consisting of nine persons, to be called “the regents of the West Virginia Uni versity.” As such board they may sue and be sued, and have a common seal. The said board shall have the custody and control of the property and funds of said university, except as otherwise provided by law. They shall have the power to accept from any person or persons any gift, grant, or devise of money, land or other property intended for the use of the university, and shall, hy such acceptance, be trustees of the funds and property which may come into the possession or under the control of said board by such gift, grant, or devise, and shall invest and hold such funds and property, and apply the proceeds and property in such manner as the donor may prescribe by the terms of his gift, grant, or devise. A majority of said regents shall constituie a quorum for the transaction of business, except that for making arrangements for the erection of buildings or the permanent alteration thereof, or the appointinent to or removal from office of professors, or fixing their compensation, or changing any rule or regulations adopted by a majority of the boaril, in which case all of the regents shall be notified in writing by the secretary of the board of the meeting place and object of the meeting proposed to be held for any of the purposes excepted in this section; and the conference of a majority of the regents shall be required. Said board of regents shall consist of nine members, who shall be residents and voters of the State. The governor shall, on or before March 15, 1901, or as soon thereafter as convenient, appoint said nine regents, who shall be divided into two classes, consisting of four and fivo regents, respectively. The term of office of both classes shall begin on May 1, 1901; and the term of office of the first class shall continue for two years and until their successors are appointed and qualified, and the term of the second class shall continue for four years and until their successors are appointed and qualified; and thereafter the term of office of each class shall be for four years and until their successors are appointed and qualified. Any person appointed a regent during the recess of the senate shall serve as such until the next meeting of the senate. The governor may by appointment fill any vacancy occurring in the board for the unexpirel term. Not more than six of said regents shall belong to the same political party, and not more than one shall be appointed from the same senatorial district or county. The term of office of the regents now in office shall expire on April 30, 1)1.
SEC. 79. The board of regents shall from time to time establish such departments of education in literature, science, art, agriculture, and military tactics as they inay deem expedient, and as the funds under their control may warrant, and purchase such materials, implements, and apparatus as may be requisite to proper instruction in all said branches of learning. so as to carry out the spirit of the act of Congress aforesaid, approved July 2, 1892. (1879–7:3, 1881.)
SEC. 80. The said board shall establish and declare such rules and regulations and by-laws, not inconsistent with the laws of this State or of the Unitel States, as they may deem necessary for the proper organization, the tuition of students and good governinent of said university, and the protection of public property belonging thereto. They shall appoint a superintendent of buildings and grounds, a secretary for the faculty, and a secretary for said board, and also a treasurer, who shall be members of the faculty of the university; and the person so appointed shall receive such compensation as the board may determine, not, however, to exceed $300 per year. From said treasurer they shall take a bond, with ample security, conditioned according t:) law, for the faithful keeping and disposing of such money as is herein or may be hereafter appropriated, and such other money as may be allowed by said board to come into his hand from time to time; they shall also settle with him annually or oftener if they think best, inspect annually all the property belonging to said university and make a full report of the condition, income, expenditures, and management of such university annually to the governor, to be by him laid before the legislature. (1872–73, 1881, 1897, 1999.)
Src. 81. The board shall have power to create a preparatory department to said university and establish any other professorships than those indicted (indicated) heretofore, if the same be deemed essential; to fix the salaries of the several professors and to remove them for good cause, but in case of removal the concurrence of a majority of the regents shall be required, and the reasons for a removal shall bi communicated in a written statement to the governor. (1872-73, 1891.)
SEC. 82 (as amended by Laws, 1903, chapter 30). Besides prescribing the general terms upon which students may be admitted, and the course of instruction, the regents are still further empowered to admit as regular students of the university not more than 225 cadets in the military department. Each member of the senate shall be entitled to appoint one cadet from his district on or before June 1 in the second year of his term and one cadet on or before June 1 in the fourth year of his term. Each member of the house of delegates shall be entitled to appoint one
carlet from his county on or before June 1 next preceding the end of his term. In case a calletship filled by appointment by any member of the legislature shall become vacant, the member making the appointment, or his successor, shall fill same by a new appointment within the limits of time aforesaid. But no senator or delegate shall appoint any cadet until he receives a certificate from the president of the university or the commandant of cadets giving him notice of his right to do so, and he shall not have the right to exercise such power of appointinent as long as two cadets are accredited to himself and his prevlecessor, either by original appointment or reenlistment. All other cadets necessary to make up the full complement of the corps shall be appointed hy the regents in proportion to their number, including vacancies, if any, caused by the failure of any member of the legislature to make his appointment. Cadets shall not be under 10 years of age and shall not be over 21 years of age. Their appointment shall be made upon undoubted evidence of good moral character and sound physical condition. Their term of enlistment of service shall be two years, but any ca let at the expiration of his first terin shall be entitled to reenlist for the further t'rm of two years upon giving notice of his intention to the commandant of cadets at least thirty days before the expiration of such terin; but not more than 15 cadets shall be appointed from any senatorial district and not more than 8 from any one county.
SEC". 83. The cadets almitted under the preceiling section shall be entitled to all the privileges, immunities, educational advantages, and benefits of the university free of charge for admission, tuition, books, ani stationery, anıl shall constitute the public gnard of the university and of the public property belonging thereto and of the ordnance and ordnance stores and campani garrison equipage, of which a sufficient supply shall be kept in the arsenal belonging to the institution. And the professors and the students of the university receiving instruction in military tactics and the art of war shall be individually and collectively responsible for the preservation and safe-keeping of all arins and camp equipage belonging to said institution. (1879-73, 1881.)
Src, 84 [as ainended by Laws, 1901, chapter 1, approvedl Febrnary 23, 1901). The regents shall only be allowed the necessary expenses incurred by them in discharging their duties as such and $4 per diem for each day they may be employed as such, and an itemized account shall be made a part of their report to the governor, and no mileage shall be allowed or prid.
950. 85. The president, board of regents, and faculty may grainate any student of the university found (after proper examination) Only qualifiel, and shall certify the same by affixing the seal of the university to his diploma. (1872-73, 1881.)
Sec. 86. The fund derived from the sale of United States land warranty which have been donated to this State for the purpose of endowing an agricultural college shall be invested by the governor in a loan of public stock of the United States, or otherwise, as required by Congress, for the use and benefit of the said university. (1872-73, 1881.)
SEC. 86a. I. The State of West Virginia hereby assents to and arcepts from the Government of the United States the grants of money authorized by said act of Congress of March 2, 1887], and assents to the purpose of said grants.
II. The bulletins an annual reports reqnire to be published under section 4 of said act shall be printed at the expense of the State, by the State printer, in such editions or numbers as the mailing list of the experiment station shall indicate as being required, and shall be distributed by the station free of all charge to farmers and other citizens of the State deserving the same. (1889.)
SEC. 98b. I. The legislature of the State of West Virginia hereby accepts for said State the terms and provisions of the said act of the Congress of the United States approved August 30, 1890. for the objects anal purposes mentioned and declared therein, and designates the West Virginia University," establisheel in pursuance of the act of the Congress of the United States passed July 2, 1862, and a subsequent act passed by said Congress on April 19, 1864, at Morgantown in the county of Monongalia, in this State, as the beneficiary of said appropriation for the instruction of white students; and an institution to be located and provided for the purpose as hereinaftor required and directed in the county of Kanawha, to be called " The West Virginia Colored Institute," for the beneficiary of said appropriation for the instruction of colored students; to be paid to each in the proportion mentioned in the preamble to this act. [For the West Virginia Coloreil Institute, $3.000 per annum for five years, and after that time $5,000 as long as the appropriation continues.] And the said institution, by the name of “ The West Virginia Colored Institute," shall have and hold all the property, funds, rights, powers, and privileges hereinafter mentioned.
II (as amended by Laws, 1901, chapter 30, approved February 20, 1901]. For the
government and control of said institute there shall be a board of regents, consisting of the State superintendent of free schools and six other competent persons, not more than four of whom shall belong to the same political party, to be called the “ regents of the West Virginia Colored Institute," and as such board they may sue and be sued, plead and be impleaded, and have a common seal. The governor shall, between March 15 and May 15, 1901, and every four years thereafter, nominate and, by and with the advice and consent of the senate, appoint said six regents, whose term of office shall begin on June 1 next following their appointment and continue for four years and until their successors are appointed and qualified. Vacancy in the office of regent shall be filled by appointment by the governor for the unexpired term. The term of office of the regents now in office shall expire on May 31, 1901. Said board shall have the care, custody, and control of the property and funds of the institute, and may accept, from any person or persons, gifts of money or property for the use of said institute, and all such money and property, when so received by them, shall be held in trust by them for the use and benefit of the institute, and applied thereto as the donors may have directed, and, if no such directions have been given, as a majority of the regents may determine.
III. The board of regents shall from time to time establish such departments of education in literature, science, art, and agriculture, not inconsistent with the terms of the several acts of Congress hereinbefore referred to, as they may deem expedient and as the funds under their control will warrant, and purchase such materials, implements, and apparatus as may be requisite to the proper instruction of said colored students in all said branches of learning as to carry out the intent and purposes of said acts of Congress.
IV (as amended by Laws, 1901, chapter 1, approved February 23, 1901]. The said board shall establish and declare such rules, regulations, and by-laws, not inconsistent with the laws of the United States or of this State, as they may deem necessary for the proper organization, the tuition of the students, and the good government of the institute and the protection of the property belonging thereto. The regents shall only be allowed the necessary expenses incurred by them in discharging their duties as such and $4 per diem for each day they may be employed as such, and an itemized account shall be made a part of their report to the governor, and no mileage shall be allowed or paid.
V. The treasurer of this State is hereby designated as the officer to receive from the Secretary of the Treasury of the United States the said several sums of money so to be paid to this State aforesaid for the uses and purposes aforesaid. He shall keep an exact account of the moneys so received, and shall place to the credit of each of said beneficiaries thereof its due proportion of the same.
The sums so placed to the credit of the West Virginia University shall be paid out by him on the orders of the board of regents thereof, and the sums so placed to the credit of the West Virginia Colored Institute shall be paid out by him on the orders of the board of regents of said institute. And said treasurer shall include in his , biennial report to the governor a statement of his receipts and disbursements under the provisions of this act.
VI. It shall be the duty of the board of the school fund to proceed with all reasonable dispatch to procure the necessary quantity of farming land, not exceeding 50 acres in all, in some suitable and proper locality in the county of Kanawha, with the title thereto clear and unquestionable, and to erect the necessary buildings and make the necessary improvements thereon for the purposes of this act, and to comply in good faith with the terms and conditions and to carry into effect the objects and purposes of the act of Congress in making said appropriations.
VII. And in order to enable said board to perform the duties required of them by this act the sum of $10,000 is hereby appropriated and placed at their disposal, payable out of any money in the treasury not otherwise appropriated: Provided, That said board inay, in their discretion, borrow the said sum of $10,000 from the ** school fund,"mentioned in section 4 of article 12 of the constitution of this State, at 6 per cent interest per annum, and execute the bonds of the State therefor, payable with interest as aforesaid not more than ten years from the date thereof. (1891.)
SEC. 98bb. Besides prescribing the general terms upon which students may be admitted, and the course of instruction, the regents are still further empowered to admit as regular students or cadets of said institution not more than 60 students, of whom each regent may appoint not more than 12 who are not less than 16 years of age nor more than 21, whose term of service shall not be less than two nor more than five years; which appointment shall be made upon undoubted evidence of good moral character and sound physical condition. The cadets admitted under the provisions of this section shall be entitled to all the privileges, immunities, educa