Provided, That if at any time there shall not be sufficient money to pay such interest, there is hereby appropriated out of the State treasury, out of the funds not otherwise appropriated, a sum sufficient to meet such interest: Provided further, That a sufficient amount of funds accumulating in the interest and income fund from sale or rental of land or lands granted to the North Dakota Agricultural College shall be used and applied solely for the payment of interest on such bonds and for the creation of a sinking fund with which to pay such bonds on maturity.

SEC. 2. Such bonds shall be executed under the seal of the board of trustees of the North Dakota Agricultural College, shall be attested by the president and secretary of said board of trustees, and when executed the said board of trustees shall receive sealed proposals for the purchase of the same, and shall give public notice of such sale for at least thirty days preceding such sale in two or more newspapers in general circulation, giving date of such sale, and such bonds shall be sold to the highest bidder for cash and the proceeds thereof delivered to the treasurer of the North Dakota Agricultural College, to be used exclusively in pursuance of the provisions of this act.

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SEC. 3. All moneys that may arise or be derived from the sale, rental, or lease of said lands granted to the North Dakota Agricultural College shall be deposited with the State treasurer, to be used in pursuance with the provisions of this act for the benefit of the North Dakota Agricultural College. (Approved March 11, 1901.)

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Laws, 1901, chapter 138: SECTION 1. All moneys received as interest for rents, penalties, permits, or from any other source than from the principal of sales of agricultural college lands * * shall be paid over to the respective institution treasurers of the agricultural college, * upon the warrant of the State auditor, on the 1st day of January, April, July, and October in each year.

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SEC. 3. The funds herein referred to shall be subject to the order of the respective boards of trustees of each institution herein mentioned, and shall be used for the maintenance of such institutions. (Approved March 13, 1901.)

Laws, 1901, chapter 156: SECTION 1. For the purpose of providing for the maintenance of the State university and school of mines at Grand Forks, the agricultural college at Fargo, the State normal school at Valley City, the Stat normal school at Mayville, and the deaf and dumb asylum at Devils Lake, and the school of forestry, as a part of the public school system of this State, there is hereby levied upon all taxable property in the State, real and personal, an annual tax of 1 mill on each dollar of the assessed valuation of such property in each and every year hereafter.

SEC. 2. The county auditor of each county shall, at the time of making the annual tax list in his county, calculate the amount of the levy herein before provided for upon each and every item of property assessed in his county, as it appears upon the last assessment roll, and extend the same upon such tax list in a column to be provided for that purpose, and such tax shall thereupon be collected and paid over to the State treasurer the same as other State taxes.

SEC. 3. Such taxes so levied shall be apportioned by the State treasurer to the several institutions herein mentioned as follows: Forty one-hundredths of a mill to the State university and school of mines at Grand Forks; twenty one-hundredths of a mill to the agricultural college at Fargo; twelve one-hundredths of a mill to the State normal school at Valley City; twelve one-hundredths of a mill to the State normal school at Mayville: thirteen one-hundredths of a mill to the deaf and dumb asylum at Devils Lake; three one-hundredths of a mill to the school of forestry at Bottineau.

SEC. 4. The moneys arising from the taxes hereinbefore levied are hereby appropriated for the maintenance of the [institutions mentioned in sec. 3], the same to be paid monthly to the board of trustees of the several institutions herein mentioned, and in proportion as herein provided, upon vouchers of said board, signed by their respective presidents, and to be expended by the several boards, in their discretion, in the establishment and maintenance of said institutions herein before mentioned. (Approved March 6, 1901.)

Laws, 1901, chapter 98: SECTION 1. The State University and School of Mines at Grand Forks, the agricultural college at Fargo, the State normal schools at Valley City and Mayville, the deaf and dumb asylum at Devils Lake, the industrial school and school of manual training at Ellendale, a scientific school at Wahpeton, the school of forestry of Bottineau, and all other schools heretofore established by law and maintained by taxation constitute the system of free public schools of the State. (Approved March 12, 1901.)

Laws, 1901, chapter 136: SECTION 1. The board of university and school lands

shall, during the year 1901, appraise, advertise, and sell public lands, or as much thereof as can be sold at or above the minimum price of $10 per acre, as follows: 20,000 acres of the agricultural college lands.

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SEC. 3. The proceeds of the sale of the agricultural college lands shall remain a perpetual fund, the revenue of which shall be applied toward the maintenance or the liquidation of the indebtedness of the respective institutions. Each institution shall be credited for the proceeds of the sale of its lands and shall receive the revenues accruing thereon. (Approved March 11, 1901.)

Laws. 1901, chapter 172: SECTION 1. There is hereby established a State farmers' institute board of directors, composed of the president of the board of trustees of the North Dakota Agricultural College, the commissioner of agriculture and labor, the director of the experiment station, the professor of agriculture and the professor of dairying of the North Dakota Agricultural College.

SEC. 2. The State farmers' institute board of directors shall have power to organize by electing one of its members to act as president and one to act as secretary, and shall have power, and it is hereby made its duty, to employ a director of farmers' institutes and such other institute lecturers as may be deemed necessary; to authorize the holding of not less than 15 fariners' institutes each year, the same to be of such a nature as to instruct the farmers of the State in maintaining the fertility of the soil, the improvement of cereal crops grown in the State, principles of breeding as applied to domestic animals, the making and handling of dairy products, the destruction of noxious weeds and injurious insects, forestry and growing of fruits, feeding and management of live stock, and, in general, such instruction as will tend to promote the prosperity, home life, and comfort of the farming population.

To determine the location of all institutes; but in determining such location those places where county or township agricultural societies are maintained shall have the preference.

SEC. 3. No member of this board shall receive any compensation for his services, but shall be allowed his actual and necessary traveling expenses when engaged upon business connected with the proper discharge of his duties under this act.

SEC. 4. There is hereby appropriated, out of any money in the State treasury not otherwise appropriated, the sum of $3,000 biennially for carrying out the purposes of this act. All charges, accounts, and expenses authorized by this act shall be paid by the treasurer of the State upon the approval of the State board of audit when certified by the president and secretary of the board of directors. (Approved March 12, 1901.)

OHIO.

Constitution (1851), Article VI: SECTION 1. The principal of all funds arising from the sale or other disposition of lands or other property granted or intrusted to this State for educational and religious purposes shall forever be preserved inviolate and undiminished, and the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations.

[The following matter is taken from The Annotated Revised Statutes of the State of Ohio, including all Laws of a General Nature in Force January 1, 1902, by Clement Bates, third edition, 3 vols. Čincinnati, Ohio, 1900.]

SEC. 3107-85. The assent of said State is hereby signified to the aforesaid act of Congress [of July 2, 1862], and to all the conditions and provisions therein contained, and the faith of the State of Ohio is hereby pledged to the performance of all such conditions and provisions. (February 9, 1864.)

SEC. 3107-86. The auditor, treasurer, and secretary of state are hereby authorized and directed to advertise, as often as they may deem the same advisable, and in such form as to them may seem proper and necessary to the prompt disposition of the land scrip received from the United States for the establishment of an agricultural and mechanical college or colleges in the State of Ohio, for proposals for the purchase of the same in quantities not less than 160 acres, such proposals for purchase to be made either to said auditor, treasurer, and secretary of state, or to the auditor and treasurer of any county of the State, subject to the limitations and restrictions from time to time fixed by said auditor, treasurer, and secretary of state not inconsistent with this act. (April 13, 1865, as amended April 5, 1866.)

SEC. 3107-87. Said auditor, treasurer, and secretary of state are hereby authorized to sell or cause to be sold said land scrip at the best price they can obtain for

the same, and to employ a suitable person or persons to aid them in making such sales, and to pay to such persons such commissions on sales made by them as they may deem adequate to secure prompt and vigorous efforts to effect sales. And they are further authorized to accept propositions for the purchase of said scrip in quantities not less than 50,000 acres of land, on terms of payment of not less than one-fourth in hand and the remainder in payments not more extended than one-fourth in two years, one-fourth in four years, and the remaining one-fourth in six years; or in quantities of not less than 10,000 acres of land on the following terms of payment: Not less than one-fourth in hand and the remainder in payments not more extended than one-fourth in one year, one-fourth in two years, and the remaining one-fourth in three years, with interest on the deferred payments from the date of purchase; and the deferred payments to be secured by mortgage upon real estate situate within the State of Ohio, or deposit of the bonds of this State or of the Government of the United States: Provided, also, That all contracts to pay commissions on sales or for the sale of scrip on time shall be approved by the governor, in writing, before the same shall be valid and binding on the State. (April 13, 1865, as amended April 5, 1866.)

SEC. 3107-88. Upon the acceptance of proposals and payment thereon the party entitled thereto shall receive from said officers the amount of scrip so purchased, with a certificate that he has duly purchased and paid for the same; and on presentation of the same to the governor he shall execute the necessary transfer of the scrip, in accordance with the regulations provided by the General Land Office therefor. (April 13, 1865.)

SEC. 3107-89. The auditor and treasurer of each county in the State shall jointly receive for such service as they may perform under this act, in accordance with their instructions from the auditor, treasurer, and secretary of state, a sum equal to 5 per cent on all moneys received and paid over by them upon the first 320 acres of scrip sold, 3 per cent on all moneys so received and paid over on the next 320 acres sold, and I per cent on all receipts for sales after 640 acres have been sold; and it is hereby made the duty of the auditor and treasurer of each county in the State to perform such services as may be required of them by the auditor, treasurer, and secretary of state under this act; and the aforesaid county officers shall be paid by the auditor of state out of the money hereinafter appropriated for such purpose. (April 13, 1865.)

SEC. 3107-90. Said auditor, treasurer, and secretary of state shall annually, on the first Monday of December, make the governor a full and explicit report of all their proceedings and of the proceedings of county auditors and treasurers under this act, which report the governor shall communicate to the general assembly at the next ensuing session thereof. (April 13, 1865, as amended April 5, 1866.)

SEC. 3107-91. All money received from the sale of land scrip shall be paid into the State treasury, and shall be appropriated and used by the commissioners of the sinking fund for the reduction and payment of the other public debt of the State. (April 13, 1865.)

SEC. 3107-92. Upon the amount of money so received for the sale of scrip appropriated for and to be used in the reduction of the other public debt of the State, as aforesaid, there shall be allowed, and paid semiannually, on the 1st days of July and January in each year, interest at the rate of 6 per cent per annum, which shall be appropriated, as provided in the act of Congress approved July 2, 1862, to the endowment, support, and maintenance of at least one college, where the leading object shall be without excluding other scientific and classical studies and including military tactics-to teach such branches of learning as are related to agriculture and the mechanic arts;" and for the prompt and regular payment of said interest, the preservation and appropriation of said fund, and the strict observance and fulfillment of the act of Congress before referred to the faith of the State is irrevocably pledged. (April 13, 1865.)

SEC. 3107-93. The commissioners of the sinking fund are hereby authorized and empowered, as fast as the sinking fund will enable them to do so, to reduce the debt called the agricultural fund" by the purchase of stocks of the United States or of this State yielding not less than 6 per cent upon the par value of said stocks, which stocks when so purchased shall be transferred to the "State of Ohio in trust for the agricultural college," and shall be deposited with the treasurer of state, and when so purchased, transferred, and deposited shall, to the extent of the amount paid for such stocks, reduce the debt hereby created and denominated the "agricultural fund." (April 13, 1865.)

SEC. 3951 (as amended May 8, 1902]. For the purpose of affording the advantages of a free education to all the youth of the State there shall be levied annually a tax on the grand list of the taxable property of the State, which shall be collected in the same manner as other State taxes, and the proceeds of which

shall constitute "the State common school fund," and for the purpose of higher, agricultural and industrial education, including manual training, there shall be levied and collected in the same manner a tax on the grand list of taxable property of the State, which shall constitute “the Ohio State University fund." The rate for such levy in each case shall be designated by the general assembly at least once in two years; and if the general assembly shall fail to designate the rate for any year, the same shall be for the State common school fund" ninety-five one-hnndredths of 1 mill each year for the years 1902 and 1993 and 1 mill each year thereafter; for the Ohio State University fund," fifteen one-hundredths of 1 mill upon each dollar of valuation of such taxable property each year for the years 1902 and 1903 and ten one-hundredths of 1 mill each year thereafter.

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SEC. 4105-9. A college, to be styled the "Ohio Agricultural and Mechanical College," is hereby established in this State in accordance with the provisions of an act of Congress of the United States passed July 2, 1862, * and said college to be located and controlled as hereinafter provided. The leading object shall be, without excluding other scientific and classical studies and including military tactics, to teach such branches of learning as are related to agricultural and mechanic arts. (March 22, 1870.)

SEC. 4105-10. The trustees and their successors in office shall be styled the "board of trustees of the Ohio Agricultural and Mechanical College," with the right as such of suing and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure. (March 22, 1870.)

SEC. 4105-11. The board of trustees shall have power to adopt by-laws, rules, and regulations for the government of said college, to elect a president, to determine the number of professors and tutors, elect the same, and fix their salaries. They shall also have power to remove the president or any professor or tutor whenever the interests of the college, in their judgment, shall require, to fix and regulate the course of instruction, and to prescribe the extent and character of experiments to be made. (March 22, 1870.)

SEC. 4105-12. The college shall be open to all persons over 14 years of age, subject to such rules and regulations and limitations, as to numbers from the several counties of the State, as may be prescribed by the board of trustees: Provided, That each county shall be entitled to its just proportion according to its population. The board may provide for courses of lectures either at the seat of the college or elsewhere in the State, which shall be free to all. (March 22, 1870.)

SEC. 4105-13. The board of trustees shall have the general supervision of all lands, buildings, and other property belonging to said college, and the control of all expenses therefor: Provided always, That said board shall not contract any debt not previously authorized by the general assembly of the State of Ohio. (March 22, 1870.)

SEC. 4105-14. The board of trustees shall annually elect one of their number chairman, and in the absence of the chairman shall elect one of their number temporary chairman, and shall have power to appoint a secretary, treasurer, and librarian, and such other officers as the interests of the college may require, who may or may not be members of the board, and shall hold their offices for such term as said board shall fix, subject to removal by said board, and shall receive such compensation as the board shall prescribe. The treasurer shall, before entering upon the duties of his office, give bond to the State of Ohio in such sum as the board may determine, which bond shall not be for a less sum than the probable amount that will be under his control in any one year, conditioned for the faithful discharge of his duties and the payment of all moneys coming into his hands, said bond to be approved by the attorney-general of the State. (March 22, 1870.)

SEC. 4105-15. The board of trustees shall have power to receive and hold in trust, for the use and benefit of the college, any grant or devise of land, and any donation or bequest of money or other personal property, to be applied to the general or special use of the college. All donations or bequests of money shall be paid to the State treasurer and invested in the same manner as the endowment fund of the college, unless otherwise directed in the donation or bequest. (March 22, 1870.)

SEC. 4105-16. The title for all lands for the use of said college shall be made in fee simple to the State of Ohio, with covenants of seizin and warranty, and no title shall be taken to the State for the purposes aforesaid until the attorneygeneral shall be satisfied that the same is free from all defects and incumbrances. (March 22, 1870.)

SEC. 4105-17. The attorney-general shall be the legal adviser of said board of trustees, and he shall institute and prosecute all suits in behalf of the same, and

shall receive the same compensation there for as he is entitled to by law for suits brought in behalf of the asylums of the State. (March 22, 1870.)

SEC. 4105-18. It shall be the duty of the board of trustees to permanently locate said agricultural and mechanical college upon lands, not less than 100 acres, which in their judgment is best suited to the wants and purposes of said institution, the same being reasonably central in the State and accessible by railroad from different parts thereof, having regard to healthiness of location, and also regarding the best interests of the college in the receipt of moneys, lands, or other property donated to said college by any county, town, or individual, in consideration of the location of said college at a given place: Provided, It shall require a three-fifths vote of the trustees to make said location: And provided further, That said location shall be made on or before October 15, 1870: Provided further, That any person acting as a trustee, who shall accept or receive, directly or indirectly, any sum or amount from any person or persons, to use their influence in favor of the location of said college at any particular point or place, shall be held to be guilty of a misdemeanor, and on conviction thereof by any court of competent jurisdiction shall be fined in any sum not less than $1,000 nor more than $10,000: Provided further, That in the location of said college the said trustees shall not in any event incur any debt or obligation exceeding $40,000; and if in their opinion the interests of the college can not be best promoted without a larger expenditure for the location than that sum, then they may delay the permanent location of the same until the third Monday of January, 1871, and report their proceedings and conclusions to the general assembly: Provided further, That said college shall not be located until there are secured thereto for such location donations in money, or unincumbered lands, at their cash valuation, whereon the college is to be located, or in both money and such lands, a sum equal to at least $100,000. (March 22, 1870.)

SEC. 4105-19. The unsurveyed and unsold lands ceded to the State of Ohio by a certain act of Congress of the United States, approved February 18, 1871, situate and being in the Virginia military district, between the Great Sciota and the Little Miami rivers, in said State, be, and the same are hereby, accepted by the State of Ohio, subject to the provisions of said act. (April 3, 1873.)

SEC. 4105-20. The trustees of the Ohio Agricultural and Mechanical College are hereby authorized to demand from all persons who have destroyed or converted any timber growing upon the lands ceded to the State of Ohio, as stated in the act to which this is supplementary, since the date of said act of Congress ceding said lands to the State of Ohio, full compensation for the timber so destroyed or converted and for all damages, and if payment shall be refused, to institute proper proceedings in the name of said Ohio Agricultural and Mechanical College, in any court of competent jurisdiction, to recover the same with damages and costs of suit: Provided, That the provisions of this section shall not apply to timber taken from the 160 acres by any person who shall obtain the title to the same under section 3 [sec. 4105-21] of this act. (April 3, 1873.)

SEC. 4105-21. The title of said lands is hereby vested in the trustees of the Ohio Agricultural and Mechanical College for the benefit of said college; and said trustees are hereby required to cause a complete survey of said lands to be immediately made and a correct plat thereof to be returned to said trustees, and to ascertain and set off, in reasonably compact form, by accurate boundaries to each occupant who was in actual possession of and living upon any of said lands at the time of the passage of said act of Congress, as provided therein, or their heirs and assigns, a tract not exceeding 40 acres; and upon the payment by the claimant of the cost of surveying and making the deed the said trustees shall make and deliver to said claimant a deed for said tract; and if any such occupant shall have been in such actual possession of more than 40 acres and is desirous of holding the same he shall be entitled to have in addition to said 40 acres any number of acres not exceeding with said 40 acres the number of 160 acres, to be in reasonably compact form, by paying for the said excess over 40 acres the sum of $1 per acre; and if any claimant under the provisions of this act shall desire to purchase any tract of land adjoining said 40 acres, not exceeding, including said 40 acres, the amount of 160 acres, of which said claimant shall have been in actual possession, but does not desire to purchase the same at $1 per acre, said trustees, upon notice by said claimant, shall cause said tract or part of tract to be sold separate from other tracts of land, at a valuation fixed upon by the appraisers named in this act, payable onethird at the date of the survey and the residue in two equal annual installments, with interest at 6 per cent, payable annually, and upon full payment being made, with the cost of survey and conveyance, said trustees shall make and deliver to such claimant, his or her heirs or assigns, a deed for said excess over 40 acres: Provided, That any person claiming the benefit of the provisions of this section as