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souri, and from any cause the terms of such grant, gift, devise, or bequest can not be executed or carried out according to the terms and conditions of the same, it shall be lawful for the person or persons having charge thereof or holding thé same in trust, or any person interested therein, to file a petition in the circuit court of the county where such grantor, donor, or testator died, setting forth all the facts connected therewith, and, in the discretion of the court in which said petition may be filed, an order may be made directing that the amount of such grant, gift, devise, or bequest shall be turned over to the treasurer of the Stato as a part of the public school fund (or of the seminary fund, as the case may be?], according to the terms and conditions of the article, and securely invested, reinvested, and sacredly preserved; the annual income on which fund shall be faithfully appropriated, as near as may be, in meeting and carrying out the purposes and wishes of such grantor, donor, devisor, or testator, according to the instrument of writing making such grant, gift, devise, or bequest.
SEC, 10540. The State of Missouri is hereby constituted the custodian and trustee of all such funds, and pledges itself for the safe-keeping, investment, and due application of all funds, with the interest thereon, which may be deposited in the treasury in pursuance of this article.
Secs. 10542-10560. [Refer to the State veterinary surgeon' and prescribe his duties. As these sections appear in the “Revised Statutes" they form Article V of chapter 171, the caption of which is, “State University.” This officer is a subordinate of the State board of agriculture.]
SEC. 10561. The military department of the University of the State of Missouri, as organized under section 1225, Revised Statutes of the United States, and section 10507 above, is created the Missouri State Military School.
SEC. 10562. The corps of cadets of the Missouri State Military School shall consist of appointees of senators and representatives and such students as may voluntarily enter such school. All appointments under this section shall be for the term of two years. Each senator and representative of the general assembly of Missouri shall have power to appoint a cadet from his district by the 1st day of August of each year, provided that if there shall be no application for such cadetship in any such district by the 1st day of August in any year, then such appointment may be made from any other district in this State, provided that in case of death, resignation, or expulsion from the university of any cadet from such district, the senator or representative thereof may fill such vacancy at any time. All appointees under this section shall pass the required examination for admission to the university.
SEC. 10563. Cadets receiving instruction, as provided in the preceding section, shall be matriculated in all academic departments and in the College of Agriculture and Mechanic Arts of the university free from tuition and other fees.
SEC. 10564. The corps of cadets, as provided in the preceding sections, shall have the military organization prescribed for the National Guard of the State and be reckoned a part thereof, and as such entitled to all provisions as are or may hereafter be made for the National Guard of Missouri.
Sec. 10565. The military government and discipline of the cadets shall be prescribed by regulations prepared by the faculty of the university and approved by the governor of the State. The officers of the corps of cadets shall be appointed and commissioned by the governor of the State upon the recommendation of the faculty of the university, and shall have powers conferred by said regulations.
Sec. 10566. Cadets shall be individually responsible for all State property issued directly to them, and shall constitute a guard for the safe-keeping and preservation of all university property.
SEC. 299. All property which shall pass by will or by the intestate laws of this State from any person who may die seized or possessed of the same while a resident of this State or if decedent was not a resident of this State at the time of death, which property or any part thereof shall be within this State, or any interest therein or income therefrom which shall be transferred by deed, grant, bargain, sale, or gift, made or intended to take effect in possession or enjoyment after the death of the grantor, etc., to any person or persons, or to any body politic or corporate, either directly or in trust, or otherwise, or by reason whereof any person or body politic or corporate shall become beneficially entitled in possession or expectancy to any property or the income thereof, other than to or for the use of the father, mother, husband, wife, legally adopted children, or direct lineal descendant of the testator, intestate, gruntor, bargainer, vendor, or donor, except property conveyed for some educational, charitable, or religious purpose exclusively, shall be and is subject to the payment of a collateral inheritance tax of $5 for each and every $100 of the clear market value of such property, and at
and after the same rate for every less amount, to be paid to the collector of revenue of the proper county (and for the purposes of this article the city of St. Louis shall be affected through its corresponding officers as if it were a county) for the use of the State, as hereinafter provided.
SEC. 302. [As amended by act of March 9, 1901.] The moneys received by the State treasurer under the provisions of this article shall be deposited in the State treasury to the credit of the fund now existing in the State treasury and known as the
State seminary moneys,” for the maintenance, support, and better equipment of the buildings, apparatus, books, instruction, etc., of the University of the State of Missouri, to an amount not exceeding in any one year the equivalent of one-tenth of one mill upon every dollar of the assessed valuation of taxable property of this State for the said year: Provided, that one-fifth of all such moneys so received shall be devoted to the use of the School of Mines and Metallurgy, a department of the said university: Provided further, That if the net amount deposited in any one year by the State treasurer under the provisions of this act to the credit of the “State seminary moneys” be not equivalent to one-tenth of one mill upon every dollar of the assessed valuation of taxable property of this State for the said year, it shall be the duty of the State treasurer to make good this deficiency out of the first moneys received under the provisions of this article in the next succeeding year: Provided further, That all said moneys shall be disbursed in pursuance of regular appropriations of the general assembly in accordance with the provisions of section 5691.
Se'. 1011. Nothing contained in this article [chapter 12. private corporations, article 1, organizations, general powers, duties and liabilities, etc.) shall be construed to extend to any county or township, or to any public university, academy, seminary, or school incorporated by the laws of this State.
Sec. 1723. The carators of the State University * * shall report to the State superintendent of public schools on or before the 31st day of August of each year concerning the condition, improvements, and necessities of said institutions, which report shall be published as a part of the State superintendent's annual report.
SEC. 8146. All saline and seminary lands, and all lands granted to this State by an act of Congress approved September 4, 18-11, remaining unsold, may be disposed of at private sale in sections, haif sections, quarter sections, half quarter sections, and quarter quarter sections.
Sec. 8147. The person wishing to purchase any of said lands shall pay into the treasury of the State the sum of $1.35 per acre for the tract he may wish to purchase; and the treasurer shall give to the person thus paying duplicate certificates stating the amount of money received, from whom received, the section or subdivision of a section sold, the township and range, and number of acres.
SRC. 8398. It shall be the sluty of the governor, on or before the 1st day of December, in the year 1882, and every two years thereafter, to appoint a special committee of three persons, consisting of one member of the State senate and two members-eleet of the house of representatives, whose duty it shall be to visit and examine the asylums, State University, and other institutions of the State, except those at the seat of government.
Sec. 8399. The committee appointed under the provisions of this article shall meet at the city of Jefferson at such time as may be clesignated by the governor, and, after first taking the oath of office prescribed for members of the general assembly, shall proceed to the seat of government; and such committee shall be authorized to employ one export accountant to assist them in their work.
SEC. 8100. The committee shall be authorized to administer oaths and examine persons under oath tuching the management and administration of the affairs of said institutions, and shall have free access to all the papers, books, and records of said institutions; and such comunittee shall make a report of such visitation and examination to the general assembly within ten days after the organization of each regular session thereof, showing the condition and management of said institutions, the receipts of money from all sources, and the disbursement of the same, and such other facts and recommendations as may be deemed pertinent for the information of the general assembly.
SET, 8401. Each member of such committeo and their accountant shall receive the sum of $i per day for the time actually and necessarily employed in the performance of the duties required under this article, and also their actual traveling expenses necessarily incurred while in the performance of such duty-a statement of the number of days employed and the items of such expenses to be returned to the chairman of such committee--and the same shall be audited and allowed by the State auditor out of the contingent expenses of the general assembly, on the certificate of the chairman of the committee, approved by the governor.
SEC. 10005. There is hereby established, in connection with the Lincoln Institute at Jefferson City (originally a colored normal school], an academic department for the higher education of the negro race, including a college and a preparatory school for said college, to be under the control of the board of regents of said institute.
SEC. 10006. Said board may from time to time, and as the growing necessities of this department may demand, introduce such studies as are pursued in the academic department of the State University; shall employ necessary instructors; shall confer by diploma such degrees as are usually conferred upon students and graduates of colleges, and shall have power to make such rules and regulations not in conflict with the laws of this state as they may deem necessary for the management of said academic department.
Sec. 10007. The president of the board of regents shall, in addition to his annual report to the State superintendent of public schools, as required by law, report in like manner the condition of the said academic department.
SEC, 10008. There is hereby established [laws 1891] as a department of Lincoln Institute an industrial school, in order that the negro yonths of this State may receive instruction in those branches of study relating to agriculture and the mechanic arts, and thereby fit themselves to engage in the useful trades.
SEC. 10009. The said industrial department shall be under the control of the board of regents of Lincoln Institute, who shall employ teachers, confer by diploma such degrees as are usually conferred in schools of a similar character, and shall have power to make such rules and regulations as they may deem necessary for the government of this department.
SEC. 10010. The president of the board of regents of Lincoln Institute shall, in addition to his annual report to the State superintendent, report in like manner the condition of the said industrial department.
SEC. 10011. The Agricultural and Mechanical College and the School of Mines and Metallurgy of the State of Missouri, established exclusively for the benefit of white students, shall receive annually such proportion of the money granted to the States and Territories for the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, as provided in an act of Congress approved August 30, 1890, as the whole number of white children of school age (as appears by an annual return of the enumeration of such children to the State superintendent of public instruction) may bear to the whole number of such school age, both white and black, as may appear by said annnal return to the State superintendent, as above provided, and the agricultural and mechanical college established by the provisions of this article at Lincoln Institute, for the exclusive benefit of colorel students, shall receive the residue of said money granted, to be received and paid out as provided by section 10013.
SEC. 10012. [Requires the superintendent of public instruction to certify correctly the statistics required in section 10011 to the Secretary of the Interior of the United States.]
Sec. 10013. [Requires the State treasurer to pay “to each of said colleges its just and proper proportion, as provided by section 10011, upon the order of the treasurers of each or other proper and legal authority.”]
SEC. 10014. The passage of this article and the execution in good faith of the provisions of the same shall be deemed to all intents and pnrposes a full and completo assent on the part of the State of Missouri to the act of Congress granting said money for the purposes aforesaid, as required by section 2 of said act of Congress approved August 30, 1890, with all the conditions and limitations imposed by said last-recited act of Congress upon the State of Missouri, and the State of Missouri pledges its faith and credit that it will on its part carry out and execute said conditions and limitations,
Sec. 10015. [Requires the secretary of state, when requested by the board of regents of Lincoln Institute, to forward to the Secretary of the Interior of the United States a certified copy of the act relating to the subsidy of 1890, and, further, to notify him when the buildin's are ready for ure.]
Laws of 1901. [Appropriation act for the years 1901 and 1902 carries $5,000 for the support of the State cadets at the State University, one-half or less to be expended in each year of the biennial period which appropriation covers; for the support, maintenance, and improvement of the State University at Columbia, $152.700, in addition to the regnlar incone provided by law. For the support and maintenance of the Rolla School of Mines, $32,000; for the support, maintenance, and improvement of the Lincoln Institute, at Jefferson City, No.. $49,590.]
Ibid., act of April 17, 1901: SECTION 1. In order to aid in the development of the dairy industry of this State, there is hereby established in the College of Agriculture and Mechanic Arts of the University of the State of Missouri a chair of dairy husbandry.
SEC. 2. The board of curators of the university shall, as soon as possible after the taking effect of this act, fill this chair by the appointment of a well-recognized expert in all matters pertaining to dairying and dairy husbandry.
SEC. 3. The duties of the professor of dairy husbandry, provided for in the foregoing sections, shall be to give instructions in the practical details of the selection, breeding, feeding, and management of dairy herds, of the production of milk at the least cost, of the manufacture of butter, the different kinds of cheese, and the marketing of the same, to the farmers of the State by means of public lectures and practical demonstrations throughout the State, through the farmers' institutes, the public press, and the issuing of reports and bulletins on these subjects; also to give instructions in all these subjects and in creamery management to the students in the agricultural college of the university. It shall be the further duty of the professor of dairy husbandry to make such experiments in the breeding and feeding of dairy cattle, in the handling of milk, and in the manufacture of butter and cheese at the experiment station as may be deemed [advisable?] by the dairy interests of the State and that the board of curators may direct.
SEC. 4. [Appropriates $5,000.]
Constitution, Article XI: SEC. 9. No religions or partisan test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the State, either as teacher or student; nor shall attendance be required at any religious service whatever; nor shall any sectarian tenets be taught in any public educational institution of the State; nor shall any person be debarred admission to any of the collegiate departments of the university on account of sex.
SEC. 11. The general control and supervision of the State University and the various other State educational institutions shall be vested in a State board of education, whose powers and duties shall be prescribed and regulated by law. The said board shall consist of 11 members, the governor, State superintendent of public instruction, and attorney-general being members ex officio; the other eight members thereof shall be appointed by the governor, subject to the confirmation of the Senate, under the regulations and restrictions to be provided by law.
Sec. 12. The funds of the State University and of all other State institutions of learning, from whatever source accruing, shall forever remain inviolate and sacred to the purpose for which they were dedicated. The various funds shall be respectively invested under such regulations as may be prescribed by law, and shall be guaranteed by the State against loss or diversion. The interest of said invested funds, together with the rents from leased lands or properties, shall be devoted to the maintenance and perpetuation of these respective institutions.
[The following matter is taken from "The Codes and Statutes of Montana in force July 1, 1895, as amended and adopted by the fourth legislative assembly, together with other laws continued in force, compiled by D. T. Wade, commissioner, annotated.” 2 vols. Butte, Mont., 1895. ] SEC. 1620. The Agricultural College of Montana is established and located at
-, and has for its object instruction and education in the English language, literature, and mathematics, civil and mechanical engineering, agricultural chemistry, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology,and such other natural sciences as may be prescribed by the State board of education, political, rural, and household economy, agriculture, horticulture, moral philosophy, history, bookkeeping, and especially the application of science and the mechanical arts to practical agriculture in the field, and irrigation and the use of water for agricultural purposes. Such agricultural college may be connected with the State University, under such regulations as the State board of education may prescribe.
SEC. 1621. The control and supervision of such college is vested in the State board of education, which may prescribe all rules therefor.
SEC. 1692. The Agricultural College of the State of Montana is established and located at the city of Bozeman, or within 3 miles of the corporate limits of said city, upon such tract or tracts of land, conforming in the aggregate not less than 80 acres, and as much more as shall be selected by the State board of education, as hereinafter provided; and said college has for its leading objects and purposes, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the State board of education and any subordinate boards, by such State board appointed, may prescribe.
SEC. 1623. It shall be the duty of the State board of education, within ninety days from the date of the passage of this act, if then organized, but if not organized then within ninety days from the organization of the said board, to select the site for the definite and permanent location of said Agricultural College of Montana and agricultural experiment station, which site shall be at the city of Bozeman, or within 3 miles of the corporate limits of said city of Bozeman; and said State board of education shall at once take steps or proceedings for procuring the title to the tract or tracts of land so selected by them, and they may and are hereby empowered to enter into contracts, in the name of the State of Montana, for the purchase of said tract or tracts of land so selected, and may execute such obligations for the payment of the same as will mature when the probable income from the fund of said agricultural college and agricultural experiment station, or either of them, will pay for the same. The said State board of education are hereby authorized and empowered to accept, in the name of the State of Montana, such gifts of land and money as may be tendered to aid in the purchase of said site. They shall appropriate the same to that purpose and take the proper and necessary conveyances of said tract or tracts of land in the name of the State. All lands and money acquired as provided in this section shall be taken and held for the sole use and benefit of said agricultural college and said agricultural experiment station.
SEC. 1624. The general control and supervision of such college is vested in the State board of education, which board may prescribe all rules therefor.&
SEC. 1625. The governor, by and with the advice and consent of the State board of education, may designate and appoint an executive board, consisting of five members, at least three of whom shall be residents of the county wherein said institution is situated, which executive board shall have the immediate direction and control of the affairs of said college, subject only to the general supervision and control of said State board of education. Such executivo board shall serve during the term of the State board of education, unless sooner removed.
SEC. 1626. The executive board is authorized to choose and appoint a president and faculty of said college, who shall serve as such for such time and receive such compensation as the executive board may prescribe, subject to the approval of the State board of education.
SEC. 1627. The executive board shall appoint a secretary thereof, who may also act as treasurer of said board and who may not be a member thereof, and such secretary and treasurer shall give bond with good and sufficient surety for the faithful performance of his duties as such and for the faithful accounting for and paying over to the said State board of education, to and for the use of said college, all inoneys received by him as treasurer, in such sums as said State board of education may prescribe.
Sec. 1628. There is also located and established on the lands so to be selected by the State board of education, in connection with said agricultural college an under its direction, an agricultural experiment station, to aid in acquiring and diffusing among the people of the State of Montana useful and practical information on subjects connected with agriculture, and to promote scientific investigation and experiments respecting the principles and application of agricultural science, which experiment station is established under and by virtue of the author, ity contained in the act of Congress entitled " An act to establish agricultural experiment stations in connection with the colleges established in the several States, under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto,' approved March 2, 1887, and the provisions, donations, and benefits contained in said act of Congress, and in all other acts of Congress relating to agricultural experiment stations and agricultural colleges now in force and all acts supplementary thereto or amendatory thereof are, by the State of Montana, hereby accepted and adopted.
SEC. 1629. Said agricultural experiment station is hereby placed under the supervision and control of the State board of education, and the executive or subordinate board or authority who may be by the governor, by and with the consent and advice of the State board of education, appointed.
SEC. 1630. The State board of land commissioners of the State of Montana is hereby authorized to issue bonds to the amount of $100,000; the minimum denomination of such bonds shall be $250 and the maximum denomination $1,000 each, said bonds to be known as the Montana Agricultural College bonds,”to bear date
aCf. section 1621.