« AnteriorContinuar »
number then outstanding, which such fund is set apart to pay and discharge, and if such bonds so numbered in such advertisements shall not be presented for payment and cancellation at the expiration of such publications, then such fund shall remain in the treasury to discharge such bonds whenever presented, but they shall draw no interest after the expiration of such publication. Before any such bonds shall be paid they shall be presented to the Territorial auditor, who shall indorse on each bond the amount due thereon, and shall write across the face of each bond the date of its surrender and the name of the person surrendering the same.
SEC. 3665. The Territorial treasurer shall keep a full and particular account and record of all his proceedings under this act, and of the bonds redeemed and surrendered, and he shall submit to the governor an abstract of all his proceedings under this act with his annual report, to be by the governor laid before the legislature biennially, and all books and papers pertaining to the matter provided in tliis act shall at all times be open to the inspection of any party interested, or the governor, or a committee of either branch of the legislature, or a joint committee of both.
SEC, 3666. It shall be the duty of the Territorial treasurer to pay the interest on said bonds when the same falls due, out of the interest fund, if sufficient, and if said fund be not sufficient, then to pay the deficiency out of the general fund: Provided, That the Territorial auditor shall first draw his warrant on the Territorial treasurer, payable to the order of said treasurer, for the amount of interest money about to become due and payable out of the general fund, which said interest warrant shall be drawn at least one month previous to the maturing of the interest.
SEC. 3067. This act shall take effect immediately, subject, however, to its approval and ratification by the Congress of the United States.
Constitution (1874). Article XIV: Sec. 2. No money or property belonging to the public-school fund, or to this State for the benefit of schools or universities, shall ever be used for any other than the respective purposes to which it belongs.
The following matter is taken from A Digest of the Statutes of Arkansas, Embracing all LATs of & General Nature in force at the Cloge of the Session of the General Assembly of 193, by Sanders and Hill. Columbia, Mo., 1894.]
SEC. 4034. By an act of the general assembly of January 31, 1867, the State of Arkansas signified and declared her assent to the grant of land and land scrip authorized and contained in the acts of Congress approved July 2, 1862, and July 23, 1866, which terms and conditions were as follows:
First. The State of Arkansas will replace any portion of the fund provided by section 4 of said act, or any portion of the interest thereon, which shall by any action or contingency be diminished or lost, so that the capital fund shall remain forever undiminished, and will apply the annual interest thereon regularly, withont diminution, to the purposes mentioned in the fourth section of the said act of Congress, subject only to the exception contained in section 7 of the act last referred to.
Second. The State of Arkansas, further assenting, agrees that no portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings.
Third. The State of Arkansas further agrees to provide at least not less than one college, as prescribed in the fourth section of said act of Congress, and in accordance with the act amendatory of said act, and also to pay the United States the amount received of any lands previously sold to which the title of purchasers was valid.
Fourth. The State of Arkansas further agrees that an annual report shall be made regarding the progress of each college, in accordance with paragraph 4 of ***tion 5 of said act of Congress of July 2, 1802.
SEC. 4015. By an act of the general assembly of March 7, 1899, the State of Arkansas accepted the appropriation and assented to the terms contained in an act of Congress approved March 2, 1887, entitled “ An act to establish agricultural esperiment 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." The sum of $15,000 per annum was appropriated by sail act of Congress for the maintenance and necessary expenses of such agricultural experiment stations, and the said sum was appropriated by the aforesaid act of the general assembly to the Industrial University. " By the aforesaid act of the general assembly the
said appropriation was accepted and assented to in trust for the uses and purposes expressed in the aforesaid act of Congress set forth in the succeeding section.
SEC. 4056. It shall be the object and duty of said experiment stations to conduct original researches or verify experiments on the physiology of plants and aniinals, the diseases to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of growth; the comparative advantages of rotative cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analyses of soils and waters; the chemical composition of manures, natural or artificial, with experiments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digestibility of the different kinds of food for domestic animals; the scientific and econoinic questions involved in the production of butter and cheese, and such other researches or experiments bearing directly on the agricultural industry of the United States as may in each case be deemed advisable, having due regard to the varying conditions and needs of the respective States or Territories.
SEC. 4057. By an act of the general assembly of April 9, 1891, the State of Arkansas accepted the grant and assented to the provisions of an act of Congress of August 30, 1890, for the more complete endowinent and support of the colleges for the benefit of agriculture and mechanic arts, established under the act of Congress of July 2, 1862. One of the conditions of said grant was that in States where the white and negro races were separately educated and there was a college for the education of the negro race, that the State should equitably divide said appropriation. Pursuant thereto the State of Arkansas divided the same as follows: Eight-elevenths for the Industrial University, at Fayetteville, and threeelevenths for the Branch Normal College thereof, at Pine Bluff.
Sec. 4058. By the act of Congress mentioned in the preceding section there was provided an appropriation of $15,000 for each State accepting the same for the year 1890, and the same sum and an annual increase thereof of $1,000 additional to the preceding year for ten years, and the annual amount thereafter to be $25,000, said sum to be applied only to instruction in agriculture, the inechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life and to the facilities for such instruction.
SEC. 4059. The State treasurer shall receive, under his official responsibility, all suums due and to become due from the United States from the appropriation mentioned in the preceding section and pay the same to the trustees of the aforesaid university and branch thereof in the proportion aforesaid. (Act April 9, 1891, sec. 9.)
Sec. 4060. The State treasurer shall be the financial agent and trustee of the State, to apply for and receive of the United States all the land scrip to which the State may be entitled by reason of the acceptance of the terms of the act of Congress of July 2, 1862, and acts amendatory thereof. (Act March 27, 1871, sec. 1.)
SEC. 4061. All property or bonds donated or bid for the location of said university, and accepted by said board of trustees, shall constitute a part of the funds of said university.
SEC. 4062. It is hereby marle the absolute duty of the county court of the county or corporation council issuing such bonds to annually levy a tax and collect in currency or overdue coupons of such bonds a sum fully sufficient to pay all accruing interest on such bonds and incidental expenses connected therewith; and upon failure to do so, it shall be the duty of any court of competeut jurisdiction, upon the application of any one or more holders of such bonds, to compel such county court or council forthwith to levy and collect such sums as will fully pay all such interest as herein provided for. (Act March 27, 1871, secs. 9 and 10.)
SEC. 4063. It shall be the duty of the county court of the county.of Washington, at each annual ineeting held for the purpose of levying taxes, to provide for the levy of a tax of 1 mill on each one dollar's worth of taxable property, to be paid into the county treasury as a sinking fund to be set apart and kept for the sole purpose of liquidating the thirty-year 8 per cent bonds, known as “college bonds, held in trust by the State of Arkansas for the benefit of the Arkansas Industrial University.
SEC. 4064. It shall be the duty of the treasurer of said county, when the said taxes, as provided in section 4063, shall have been collected and paid to him annually under the direction of the county court of said county, to invest the same to the best possible advantage in interest-bearing bonds or securities of the State of Arkansas or of any other State bearing the highest rate of interest and deemed good and safe. And the said county treasurer shall also, in like manner, as the
interest shall accrue and be collected on the investments aforesaid, from time to time invest said interest in interest-bearing bonds or good securities.
SEC. 4065. It shall be the duty of the city council of the city of Fayetteville, in said county of Washington, at each annual meeting held for the purpose of levying taxes, to provide for the levy of a tax of 1 mill on each one dollar's worth of taxable property, to be paid into the city treasury as a sinking fund, set apart and kept for the sole purpose of liquidating the thirty-year 8 per cent bonds, known as “' college bonds,” held in trust by the State of Arkansas for the benefit of the Arkansas Industrial University.
SEC. 4066. It shall be the duty of the treasurer of said city, when the said taxes provided for in section 4065 shall have been collected and paid to him annually under the direction of the city council of said city, to invest the same to the best possible advantage in interest-bearing bonds or securities of the State of Arkansas or of any other State bearing the highest rate of interest and deemed good and safe; and the said city treasurer shall also, in like manner, as the interest shall accrue and be collected on the investments aforesaid, invest said interest in interest-bearing bonds or securities as aforesaid. (Act March 28, 1885.)
Sec. 4067. The governor of the State of Arkansas, by and with the consent of the senate, shall appoint, and there is hereby created, a board of six trustees for the Arkansas Industrial University, to be appointed one from each Congressional district, to be composed of representatives of the agricultural, mechanical, and literary pursuits of life as nearly as possible, who shall hold their office for the term of six years from the date of their appointment and until their successors are appointed and qualified: Provided, When the first appointment is made under the provisions of this act, two members of said board shall be appointed for the term of two years, two for four years, and two for six years; and every two years thereafter two members of said board shall be appointed for the term of six years. The governor shall be, ex officio, president of said board, and in all cases of tie votes shall cast the deciding vote; and in his absence the board shall elect a presiding officer. A less number than a quorum may adjourn from time to time. (Act March 30, 1887, sec. 1, as amended by act March 31, 1891.)
SEC. 4068. Said board is made a body politic and corporate, and shall have all the powers of a corporate body, subject to the constitution and laws of the State of Arkansas, and possess all the powers and authority now possessed by the board of trustees of said university under existing laws, and shall make and subscribe an affidavit before entering upon their respective duties, to faithfully, diligently, and impartially discharge the duties of their office. (Act March 30, 1887, sec. 2.)
SEC. 4069. The board of trustees shall have power to prescribe all rules and regulations for the government and discipline of said university, subject to the provisions of this chapter and such other acts of the general assembly as may hereafter be prescribed. (Ib., sec. 4.)
SEC. 4070. The board of trustees shall cause to be made an annual report of the operations and condition of the agricultural and mechanical departments of said university, which shall include:
First. A statement of the number of acres in cultivation on the college farm, the kind of crops raised, and the number of acres of each kind.
Second. The manner of the preparation of the soil for the various crops, methods of seeding and planting, kind and variety of seeds, manner of cultivating and of harvesting.
Third. The several kinds and descriptions of all implements used in the various : stages of the different crops, with reports on their utility and adaptation for the purposes used.
Fourth. The time of preparation of the soil, sowing, planting, cultivating, and harvesting, and a general statement of the weather and its influence upon the . several crops.
Fifth. The kinds of fertilizers used and crops to which they were applied, the time and manner of application, and the several results.
Sixth. A detailed and systematic account of the number of days' work, of ten working hours each, of men and teams in the production of each separately treated crop, said statement of labor to be in three divisions: First, up to the time the seed are deposited in the ground; secondly, during cultivation; thirdly, while harvesting and preparing the crop for market.
Seventh. A full and accurate yield per acre, by weight or measure, of all crops raised on the farm, distinguishing between the several kinds of treatment as to fertilizers used, and depth of plowing, difference of cultivation, times of harveste ing, kind or variety of seed used.
Eighth. Kind and quantity of machinery and tools used in the mechanical department; the kind and quality of each shop or division of said department, and an approximate cost of production of each article manufactured. (Act March 30, 1887, sec. 10.)
SEC. 4071. The board of trustees shall meet annually, and shall have power to hold adjourned meetings when the business of the university actually requires it. or the president of the board may call a meeting of the board when he is satisfied the interests of the university require it or when five members of the board petition him to do so. (Act May 30, 1874, sec. 4.)
SEC. 4073. The president of the board shall attend the meetings of the board and shall perform all such duties as are herein required or may be directed by said board, without salary or fees or any compensation whatsoever, except such as he now receives for other services for the State; but his own and the trustees' necessary traveling expenses and board bills and other necessary incidental expenses in carrying this chapter into effect shall be paid by the State, upon the official certificate of the person incurring such expense being approved by the president of the board, which shall be a voucher in the office of the auditor of the State. Said trustees shall each receive $2.50 for each day necessarily consumed on duty as such trustees, payable as above provided for. (Act March 27, 1871, sec. 12, as modified by subsequent legislation.)
SEC. 4074. Said board of trustees shall fix, and from time to time regulate, the fees, allowances, salaries, and wages to be paid architects, inspectors, professors, teachers, agents, committees, servants, or other necessary employees; and they shall observe rigid economy in such expenditures. (Ib., sec. 16; but see 4094 seq.)
SEC. 4075. The board of trustees, for any cause by them deemed sufficient, shall have power, by majority vote taken at any meeting, to remove any member from said board: Provided, No member shall be so removed without as many as five of such trustees voting for such removal; and when any member of said board shall be so removed the votes of the trustees shall be recorded, and the president of the board shall make a certificate showing the result of such vote and transmit the same without delay to the governor, who shall at once declare the commission which had been issued to such removed trustee vacated, and appoint and commission some competent man to fill the vacancy so occasioned.
SEC. 4076. The said board of trustees are fully empowered and authorized, either as a board or through any committee they may select or appoint, to inquire into and fully investigate any and all charges that have been or may be preferred against any trustee of said board, or any member of any committee appointed by or under the direction of said board, or any contractor, architect, builder, employee, or agent or other person acting by agreement with or authority of, or under, said board of trustees, or any of the committees of said board, in any capacity whatever; and for the purposes of such investigations or inquiry, said board, or any committee appointed by them, shall hold meetings in the State at such time and place as may be designated by the board, or by the committee so appointed, and the chairman of the executive committee of said board, for the time being, shall have full and ample power to issue all necessary process for summoning and compelling attendance of witnesses before such board or committee, and may impose upon all witnesses who refuse to obey such process, or to testify fully and explicitly before such board or committee in reference to any and all such matters as may be the subject of inquiry, all the pains and penalties that might or conld be imposed upon such witness by the circuit court in any case if he were to fail and refuse to appear and testify before the proper circuit court of his county in a cause or matter legally pending therein, after being duly summoned to appear and testify therein, and said process, issued by the chairman of said executive committee, may be directed to any sheriff, coroner, or constable in this State; and if such officer fails, neglects, or refuses to execute such process, he shall be subject to all the forfeitures, pains, and penalties which might or could be imposed upon him for failing, neglecting, or refusing to serve necessary or proper process from a circuit court in his own county, and such fine, imprisonment, and penalties as can be so assessed shall be enforced and carried out upon the order of such chairman of the executive committee, which chairman shall be required to have no commission to so act except as a member of the board, and a certificate of his election or appointment to such place by the board of trustees or the president of such board.
SEC. 4077. The material parts of all examinations and inquiries had by any committee shall be reduced to writing and laid before the board for their action; and process under this act shall run in the name of the State, and officers and witnesses shall execute and obey the same without any advanced fee or compensation, and their accounts or claims for such service or attendance, or other costs
arising in such investigation, shall be presented to said board of trustees, and they shall, through their president, order certificates issued upon their treasurer for reasonable compensation. (Act April 5, 1873.)
SEC. 4078. The board of trustees of the Arkansas Industrial University at the first meeting after April 1, 1893, shall elect a secretary of the board and a treasurer of the university, who shall hold their offices two years, or until their successors are in like manner appointed and qualified.
SEC. 4079. Both of said offices shall not be held by the same person at one time.
SEC. 4080. The said secretary and treasurer shall each execute such bonds and perform such duties as are now required by law, and under such regulations as may be prescribed by the said board of trustees.
SEC. 4081. The compensation allowed the secretary shall be fixed at $600 per annam and the salary of the treasurer shall be fixed at $300 per annum, and in no case shall the salary of either officer for any and all services rendered the said board of trustees of the university be increased unless by an act of the general assembly. (Act April 14, 1893.)
SEC. 4082. The said treasurer and secretary shall each execute a bond to the State of Arkansas, for the use of the university, with security approved by the board or the president thereof, in vacation, in such sum as they may require, not less than $10,000, for the faithful perforınance of all the duties that may appertain to their respective offices, which bonds shall be filed in the office of the secretary of state. (Act March 6, 1875, sec. 3.)
SEC. 4083. It shall be the duty of said secretary to keep, in a well-bound book to be furnished for that purpose, a true and correct record of the transactions of said board, which shall be open to the inspection of any citizen of this State at all times on demand. He shall also have the custody of all books, papers, documents, and other property which may be deposited in his office by the order of said board, and also the buildings and grounds pertaining to said university, and shall, from time to time, and so often as directed by said board, prepare and transmit to the superintendent of public instruction reports of any of the transactions of said board of trustees as may be ordered. (Act March 30, 1887, sec. 3.)
SEC. 4084. Said treasurer shall at no time draw from the treasurer of the State or have on hand more than $10,000, and the same shall be paid out as the board shall direct. (Act March 27, 1871.)
SEC. 4085. The board shall have power to remove such officers. (Ib.)
SEC. 4086. The general assembly, in appropriating moneys for the benefit of said university, shall specify the precise amount that it intends to appropriate for each and every purpose, and the trustees of said institution shall apply each suin as thus directed, and in no other way. (Act February 20, 1883.).
SEC. 4087. No appropriation made for any specific purpose shall be used for any other purpose, and the power of contracting debts by the board of trustees in the absence of any appropriation is expressly prohibited. (Act April 4, 1893.)
SEC. 4088. (See act of April 19, 1895, post.)
SEC. 4089. Any vacancies in the number of beneficiaries during the terms of the university shall be filled by appointment by the judge of the county court. Any beneficiaries appointed as herein prescribed shall comply with the rules and regulations provided by the board of trustees in reference to such beneficiaries.
SEC. 4090. It shall be the duty of the judge of the county court, immediately upon receiving notification from the board of trustees as above provided, to give notice, in the manner prescribed by law for the publication of legal notices, of the number of beneficiaries allowed to the county, and of the time, manner, and place of making appointments to the same, and no person shall be admitted to the said university as a beneficiary who has not been appointed in accordance with the provisions of this section.
SEC. 4091. By section 11, act March 30, 1887, provision was made for the erection of dormitories for the use of the beneficiaries, and provided that if the beneficiaries were not sufficient in number to fill such dormitories the president may permit other stndents to occupy the surplus room.
SEC. 4092. Females may be received as beneficiaries. (Act March 18, 1899, amending sec. 5, act March 30, 1887.)
Sec. 4093. The faculty of said university shall consist of a president and such professors as the board of trustees may deem necessary, whose compensation shall be fixed by the board of trustees. One of said professors shall be styled the superintendent of agriculture, whose duty it shall be to supervise tiie agricultural department, and to perform such other duties as may be necessary in order to impart a theoretical and practical knowledge of the science of agriculture to the students over whom he shall have control. One of said professors shall be styled the superintendent of mechanic arts, whose duty it shall be to superviso the