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tional advantages, and benefits of the institute free of charge for admission, tuition, books, and stationery, and shall constitute the public guard of the institute, and of the public property belonging thereto, and of the ordnance and ordnance stores and camp and 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 institute receiving instruction in military tactics and the art of war shall be individually and collectively responsible for the preservation and safe-keeping of arms and camp equipage belonging to said institution. (1899.)
WISCONSIN. [The following matter is taken from the Wisconsin Statutes of 1898, enacted at the adjourned session of the legislature commencing August 17, 1897, and approved August 20, 1897. In effect September 1, 1898. Edited and annotated by Arthur L. Sanborn and John R. Berryman, 2 vols. Chicago, 1898. ]
SEC. 377. There is established in this State, at the city of Madison, an institution of learning by the name and style of " The University of Wisconsin.'
SEC. 378 [as amended by Laws, 1901, chapter 255, approved May 2, 1901). The government of the university shall vest in a board of regents, to consist of one member from each Congressional district and two from the State at large, at least one of whom shall be a woman, to be appointed by the governor. The State superintendent and the president of the university shall be ex officio members of said board. Said president shall be a member of all the standing committees of the board, but shall have the right to vote only in case of a tie. The term of office of the appointed regents shall be three years from the first Monday in February in the year in which they are appointed unless sooner removed by the governor, but appointments to fill vacancies before the expiration of the term shall be for the residue of the term only.
Sec. 379 (as amended by Laws, 1903, chapter 260]. The board of regents and their successors in office shall constitute a body corporate by the name of the regents of the University of Wisconsin," and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings, and all other property of said university. The board shall elect a president and a secretary, who shall perform such duties as may be prescribed by the by-laws of the board. The secretary shall keep a faithful record of all the transactions of the board and of the executive committee thereof. It shall be the duty of the State treasurer to have the charge of all securities for loans and all moneys belonging to the university or in any wise appropriated by law to its endowment or support, to collect the interest on all securities held by him, to pay out moneys only upon the warrant of the secretary of state as provided by law, to keep the same and the accounts thereof separate and distinct from other public funds, and particularly distinguish the accounts of every fund, according to the nature thereof, coming to his charge, whether created by law or by private bounty, and to discharge these and other appropriate functions relating thereto subject to such regulations as the board may adopt not inconsistent with his official duties, and he and his sureties shall be liable on his official bond as State treasurer for the faithful discharge of such duties.
SEC. 380. The time for the election of the president and secretary of said board and the duration of their respective terms of office, and the times for holding the regular annual meeting and such other meetings as may be required, and the manner of notifying the same shall be determined by the by-laws of the board. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. (1866.)
SEC. 381. The board of regents shall enact laws for the government of the university in all its branches; elect a president and the requisite number of professors, instructors, officers, and employees, and fix the salaries and the term of office of each, and determine the moral and educational qualifications of applicants for admission to the various courses of instruction; but no instruction either sectarian in religion or partisan in politics shall ever be allowed in any department of the university; and no sectarian or partisan tests shall ever be allowed or exercised in the appointment of regents or in the election of professors, teachers, or other officers of the university, or in the admission of students thereto, or for any purpose whatever. The board of regents shall have power to remove the president, or any professor, instructor, or officer of the university when, in their judgment, the interests of the university require it. The board may prescribe rules and regulations for the management of the libraries, cabinet, museum, laboratories, and all other property of the university and of its several departments, and for the care and preservation thereof, with penalties and forfeitures by way of damages for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction of such action. They shall employ a competent preceptress for the building known as “ ladies' hall's (which shall be used for and by the female students attending the university, and not otherwise), who shall have charge and general supervision thereof under such regulations as the board may have made er shall adopt, at a salary of not inore than $1,500 per year: Provided, That said preceptress shall perform such duties and teach such classes as the board may from time to time require.
SEC. 382. The board of regents are authorized to expend such portion of the income of the university fund as they may deem expedient for the erection of suitable buildings and the purchase of apparatus, a library, cabinets, and additions thereto, and if they deem it expedient may receive in connection with the university any college in this State, upon application of its board of trustees; and such college so received shall become a branch of the university and be subject to the visitation of the regents. (Rev. Stat., 1858.)
SEC. 383. At the close of each biennial fiscal term the regents, through their president, shall make a report in detail to the governor and the legislature,
exhibiting the progress, condition, and wants of each of the colleges embraced in the university, the course of study in each, the number of instructors and students, the amount of receipts and disbursements, together with the nature, cost, and results of all important investigations and experiments, and such other information as they may deem important, one copy of which shall be transmitted free by the secretary of state to all colleges endowed under the provisions of the act of Congress *
approved July 2, 1862, and also one copy to the Secretary of the Interior, as provided in said act. The board shall also report to the governor as often as may seem desirable the important results of investigations conducted by the director of Washburn Observatory and by other investigators connected with the university, and also the results of such experiments therein relating to agriculture or the mechanic arts as said board may deem to be of special value to the agricultural and mechanical interests of the State. With the approval of the governor such number of copies as he shall direct, and of the Washburn Observatory reports not more than 700 copies, may be printed by the State printer in separate form, on good paper, and with such appropriate quality of binding as the commissioners of public printing shall order. Eight hundred copies of each of said reports, when so directed by the governor, except those of the Washburn Observatory, shall be delivered to the legislature, and the remainder be used in exchange for the publications of other institutions and for such other public purposes as the regents may order.
SEC. 383a [as amended by Laws, 1903. chapter 260]. All moneys which shall be derived to the university from gifts or other bounties; from fees of students in any form, less any rebates allowed under authority of the board; from sales of farm products or any articles of personal property of whatever kind; from publications or advertisements in publications of the university; from fees for services rendered in any manner; from sales or rents of real property, or from any source whatever other than in cases by law required to be paid to the State treasurer, may be paid to the secretary of the board in all cases where the board shall authorize him to receive the same; and such secretary shall, at least as often as once a week, pay into the State treasury the entire amount of such receipts by him, and shall on or before the 10th day of each calendar month deliver to the State treasurer an itemized account of such receipts during the preceding calendar month, showing the amount of each sum so received by him, the date thereof, the person from whom received, for what received, and the particular fund or account to which the same belongs, save that the details of small receipts may be omitted and the account made summary in such cases and to such extent as the secretary of state shall prescribe by forms therefor, and shall verify the correctness thereof by his affidavit thereto appended, and a duplicate thereof he shall at the same time file with the secretary of state. Such account shall be made upon forms to be prepared and furnished by the secretary of state. The regents may require of their secretary such bond in such sum and with such sureties as they shall think fit and its renewal when deemed desirable, and may prescribe regulations for the discharge of all such duties not inconsistent with law. The secretary of state shall andit and give his warrant on the State treasurer for all accounts certified to him by the board or its executive committee, in the manner herein provided. All salaries for instructional or administrative service, and also allowances to fellows and scholars, which have been fixed by the board, shall be certified at periodical intervals according to the laws of the board, upon rolls showing the name of the person entitled to receive the same, the amount of his fixed annual salary or allowance, and that the sum so certified is then due him according to the method of periodical payment established by the board; upon which certified roll the secretary of state shall issue his warrant to each person therein named for the amount so certified to be due to him. Payments to janitors, laborers, and all other employees, and also to all persons from whom milk and products for the dairy are purchased, shall be made ujon rolls showing the name of the party entitled, for what service or object, to what fund chargeable, and the amounts respectively due each, which shall b. likewise certified to the secretary of state to be correct and due, and he shall issue thereon his warrant for the amount due each person upon such roll to each such person. Every other claim or account shall state the nature and particulars of the service rendered or material furnished and be verified by the affidavit of the claimant or his agent and filed with the secretary of the regents; and a roll showing the name of each such person, for what service or object, to what fund chargeable, and the amount allowed to and due him, shall be certified, as aforesaid, to the secretary of state; upon which he shall issue his warrant for the proper amount to the person entitled thereto. The board may enact laws to govern all snch business not inconsistent with law, and all forms shall be prepared and furnished by the secretary of state. All warrants issued pursuant to this section shall be labeled " University warrant" and numbored in consecutive order. All gifts, bounties, and moneys paid in and appropriations made by law for the university, its endowment, aid, or support, when received by the State treasurer shall be at once credited to the proper fund, and if received as part of the general fund shall be forthwith transferred by warrant to the proper university account, and shall all thenceforth be held solely for the respective uses to which the same is by law appropriated, and shall never be employed, diverted to, or paid out for any other use or purpose.
SEC. 384. The president of the university shall be president of the several faculties and the executive head of the instructional force in all its departments; as such he shall have authority, subject to the board of regents, to give general direction to the instruction and scientific investigations of the several colleges, and so long as the interests of the institution require it he shall be charged with the duties of one of the professorships. The immediate government of the several colleges shall be intrusted to their respective faculties, but the regents shall have the power to regulate the courses of instruction and prescribe the books or works to be used in the several courses, and also to confer such degrees and grant such diplomas as are usual in universities or as they shall deem appropriate, and to confer upon the faculty by by-laws the power to suspend or expel students for misconduct or other cause prescribed in such by-laws. (1866, 1869.) SEC. 385. The object of the
University of Wisconsin shall be to provide the means of acquiring a thorough knowledge of the various branches of learning connected with literary, scientific, industrial, and professional pursuits, and to this end it shall consist of the following colleges or departments, to wit:
1. The college of letters and science. 2. The college of mechanics and engineering. 3. The college of agriculture. 4. The college of law. 5. Such other colleges, schools, or departments as now are or may from time to time be added thereto or connected therewith.
Sec. 386. The college of letters and science shall embrace liberal courses of instruction in language, literature, philosophy, and science, and may embrace such other branches as the regents of the university shall prescribe. The college of mechanics and engineering shall embrace practical and theoretical instruction in the various branches of mechanical and engineering science and art, and may embrace such additional branches as the regents may determine. The college of agriculture shall embrace instruction and experimentation in the science of agriculture and in those sciences which are tributary thereto, and may embrace such additional branches as the board of regents shall determine. The college of law shall consist of courses of instruction in the principles and practices of law, and may include such other branches as the regents may determine.
SEC. 387. The university shall be open to female as well as to male students, under such regulations and restrictions as the board of regents may deem proper; and all able-bodied male students in whatever college therein may receive instruction and discipline in military tactics, the requisite arms for which shall be furnished by the state. Any person who has graduated from a regular collegiate course at the university and after such graduation shall furnish evidence to the State superintendent of good moral character and of successful teaching for one school year in a public school of this State, may have his diploma countersigned by said superintendent, which shall then have the force and effect of a limited State certificate, subject to the exercise of the power vested in the State superintendent to revoke the right given by his signature to such diploma. (1866, 1867, 1878, 1895.)
SEC. 388 [as amended by Laws, 1901, chapter 344]. No student who shall have been a resident of the State for one year next preceding his admission at the beginning of any academic year shall be required to pay any fees for tuition in the university except in the law department and for extra studies. The regents may prescribe rates of tuition for any pupil in the law department, or who shall not have been a resident as aforesaid, and for teaching extra studies. Attendance at the university shall not of itself be sufficient to effect a residence.
SEC. 389 [as ainended by Laws, 1903, chapter 260]. For the support and endowment of the university there is annually and permanently appropriated:
1. The university fünd income and all other sums of money appropriated by law to such fund.
2. The agricultural college fund income.
The entire income of all said funds shall be placed at the disposal of the board of regents, thenceforth to be independent and distinct of the accounts of the State and for the support of the aforesaid colleges or departments of arts, of letters, and such other colleges and departments as shall be established in or connected with the university; but all means derived from other public or private bounty shall be exclusively devoted to the specific objects for which they shall have been designed by the grantor; and all gifts, grants, bequests, and devises for the benefit or advantage of the university or any of its departments, colleges, schools, halls, observatories, or institutions, or to provide any means of instruction, illustration, or knowledge in connection therewith, whether made to trustees or otherwise, shall be legal and valid and shall be executed and enforced according to the provisions of the instrument making the same, including all provisions and directions in any such instrument for accumulation of the income of any fund or rents and profits of any real estate without being subject to the limitations and restrictions provided by law in other cases; but no such accumulation shall be allowed to produce a fund more than twenty times as great as that originally given. All such gifts, grants, devises, or bequests may be made to the regents of the university or to the president or any officer thereof, or to any person or persons as trustees, or may be charged upon any executor, trustee, heir, devisee, or legatee, or made in any other manner indicating an intention to create a trust, and may be made as well for the benefit of the university or any of its chairs, faculty, departments, colleges, schools, halls, observatories, or institutions, or to provide any means of instruction, illustration, or knowledge in connection therewith, or for the benefit of any class of students at the university or in any of its departments, whether by way of scholarship, fellowship, or otherwise, or whether for the benefit of students in any course, subcourse, special course, post-graduate course, summer school or teachers' course, oratorical or debating course, laboratory, shop, lectureship, drill, gymnasium, or any other like division or department of study, experiment, research, observation, travel, or mental or physical improvement in any manner connected with the university, or to provide for the voluntary retirement of any of its faculty. And it shall not be necessary in case of any such gift, grant, devise, or bequest to exactly or particularly describe the members of the class, group, or nationality of students intended to be the beneficiaries, but it shall be sufficient to describe the class or group; and in case of any such gift, grant, devise, or bequest the regents shall divide and graduate the students at the university into such classes or divisions as may be necessary to select and determine those belonging to the class intended by such gift, grant, devise, or bequest, and shall determine what particular persons are within or intended by the same. It shall be sufficient in any such gift, grant, devise, or bequest to describe the beneficiaries as belonging to a certain course, subcourse, department, or division of the university, or as those pursuing certain studies, speaking or writing a certain language or languages, belonging to any nationality or nationalities, or to one of the sexes, or by any other description, and in such case the regents shall determine the persons so described as hereinbefore provided.
SEC. 390 [as amended by Laws, 1899, chapter 170, and Laws, 1901, chapter 322]. There shall be levied and collected annually a State tax amounting to the sum of $289,000, which amount when so levied and collected is annually appropriated to the university fund income to be used as a part thereof for current or administration expenditures, and for the construction in the order of the greatest need therefor of such additional buildings and works and the enlargement and repair of buildings and works as in the judgment of the regents shall be absolutely required and can be completed within the appropriations so made: Provided, That $10,000 of the said annual appropriation shall be applied annually to the uses of the college of agriculture; also that $22,500 thereof shall be applied annually to the uses of the college of mechanics and engineering; also that $3,500 thereof shall be applied annually to the uses of the new school of commerce; also that $2,000 thereof shall be applied annually to the uses of the summer school of science, literature, language, and pedagogy in connection with the university, authorized by section 392a; also that $1,000 thereof shall annually be applied to the purchase of books for the use of the law library of the university; and also that $13,000 of the said annual appropriation shall annually be applied and used in adding facilities for and establishing and maintaining courses of instruction in railway and electrical engineering in the university. The commissioners of public lands may direct the State treasurer from time to time to set apart by way of loan to the fund known as the university fund income for university uses from uninvested moneys in the trust funds for the period while so uninvested, such amount not exceeding at any time the sum of $75,000, as in their judgment shall be prudent, such loans to be repaid to the trust funds from the appropriation herein before made to the university fund income, with interest at the rate then required on deposits made pursuant to sections 160a to 100f, inclusive.
SEC. 391. The sum of $3,000 shall be set apart annually from the receipts of the tax first mentioned in the preceding section for the maintenance of the astronomical observatory on the university grounds, to be expended by the regents in astronomical work and instruction. And a like sum is annually appropriated out of the general fund to the board of regents for the purpose of enabling said board to employ and maintain a director of the Washburn Observatory. (1876.)
SEC. 392. The regents shall each receive the actual amount of his expenses in traveling to and from and in attendance upon all meetings of the board or incurred in the performance of any duty in pursuance of any direction of the board. Accounts for such expenses, duly authenticated, shall be audited by the board and be paid on their order by the treasurer out of the university fund income. No regent shall receive any pay, mileage, or per diem except as above prescribed. (1866.)
Sec. 392a. The board of regents may maintain the summer school of science, literature, language, and pedagogy heretofore established in connection with the university: Provided, That all teachers employed therein shall be designated by the State superintendent and the president of the university.
General laws, 1863, chapter 265: Section 1. The lands, rights, powers, and privileges granted to and conferred upon the State of Wisconsin by an act of Congress * * * approved July 2, 1862, are accepted by the State of Wisconsin upon the terms, conditions, and restrictions contained in said act of Congress.a (April 2, 1863.)
Laws, 1885.chapter ), as amended by Laws, 1887, chapter 62: SECTION 1. The board of regents of the State university is hereby authorized to hold institutes for the instruction of citizens of this state in the various branches of agriculture. Such institutes shall be held at such times and at such places as said board may direct. The said board shall make such rules and regulations as it may deem proper for organizing and conducting such institutes, and may employ an agent or agents to perform such work in connection therewith as they deem best. The course of instruction at such institutes shall be so arranged as to present to those in attendance the results of the most recent investigations in theoretical and practical agriculture.
SEC. 2. For the purposes mentioned in the preceding section the said board may use such sum as it may deem proper, not exceeding the sum of $12,000 in any one year, from the general fund, and such amount is hereby annually appropriated for that purpose. (March 16, 1887.)
Laws, 1889, joint resolution No. 5: We hereby accept in behalf of the State of Wisconsin the grant of all moneys and all benefits accruing under the act of Congress known as the agricultural experiment station bill, approved March 2, 1887, for the use of the agricultural experiment station of the University of Wisconsin, and we designate the regents of the said university to receive the same.
The governor is hereby requested to forward a certified copy of these resolutions to the Secretary of the Treasury of the United States.
Laws, 1891, joint resolution No. 3: Legislative assent be and is hereby given to the purposes and provisions of an act of Congress approved August 30, 1890,
« The income from this land grant was appropriated to the University of Wisconsin by an act of the legislature approved April 12, 1866.