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.

66

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 harvesting, kind or variety of seed used.

ED 1902-2

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 could 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 inay be prescribed by the said board of trustees.

SEC. 4081. The compensation allowed the secretary shall be fixed at $600 per annum 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 performance 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 sum 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 39, 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 students to occupy the surplus room.

SEC. 4092. Females may be received as beneficiaries. (Act March 18, 1889, 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 the 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 supervise the

EDUCATION REPORT, 1901-1902.

mechanical department, and to perform such other duties as may be necessary in order to impart to those under his care a theoretical and practical knowledge of the mechanic arts: Provided, The board of trustees may employ such assistants as they may deem necessary, whose compensation shall be fixed by said board of trustees: And provided, The manner of payment of all salaries shall be regulated by said board. (Act March 31, 1891, amending sec. 8, act March 30, 1887.)

SEC. 4094. The salary of president of the faculty shall be $2,000 per annum, payable quarterly; that of professors and superintendents, each the sum of $1,500 per annum, payable quarterly, except the superintendent of agriculture and the superintendent of mechanic arts, which shall be $1,600 each. (Act March 30, 1887, section 9.)

SEC. 4095. The course of study in said university shall embrace agricultural chemistry, animal and vegetable anatomy, and physiology, the application of science and the mechanic arts to practical agriculture in the field, veterinary arts, entomology, rural and household economy and horticulture, practical mechanic arts as taught in the workshops, the English language and literature, mathematics, civil engineering, philosophy, history, and bookkeeping; including military tactics and such other branches of study as the board of trustees may prescribe. SEC. 4096. Each male student below the sophomore class shall be compelled, as a part of his education, to work at least two hours each school day, either in the field or workshop, under the direction of their respective superintendents; the labor to be paid for at such rate as may be prescribed by the board of trustees, to be applied to the board of such students: Provided, Any student may be allowed to do extra work with the consent of the faculty and receive pay for the same. (Act March 31, 1891, amending section 6, act March 30, 1887.)

SEC. 4097. The board of trustees shall direct, order, and restrict all improvements made on the farm, such as repairing and building fences, repairing and building houses, buying stock, utensils, etc., repairing and resetting fruit trees, etc., all of which shall be done in a practical and economical way: Provided, As far as practicable all labor to be performed on or about said farm shall be done by the students of the university.

Sec. 4098. The proceeds arising from the sale of the products of the agricultural and mechanical departments shall constitute a fund out of which to pay for the labor performed by the students in said departments.

SEC. 4099. No student shall be allowed more than 10 nor less than 3 cents per hour for his labor."

SEC. 4100. By a special act of date March 30, 1883, and an amendment thereto, April 9, 1891, a prohibition district of 3 miles is established with the university as the center. The selling and giving away of spirituous, vinous, or malt liquors is forbidden unless the same is given by a physician as medicine, and not by him except under the restrictions of the act. Anyone interested in the sales, or suffering the liquors to be sold in a house owned or controlled by them, shall likewise be guilty. Stringent provisions for the prosecution and detection of such sales are provided by the acts aforesaid.

SEC. 3401. It shall be the duty of the superintendent of agriculture [professor of chemistry, act April 9, 1895] at the experimental station of the university [at the State university, ib.] to make or cause to be made a chemical analysis of every sample of commercial fertilizer so furnished him, and he shall issue a certificate to the person or company so furnishing said sample, setting forth that said analysis is a true and complete analysis of the sample furnished him of such brand of fertilizer, giving the per cent of ammonia, potash, and available [soluble, reverted, and insoluble, act April 9, 1895] phosphoric acid of such sample of commercial fertilizer so furnished, and all other available fertilizing ingredients in said sample.

* *

SEC. 3102. Every package of commercial fertilizer offered for sale within the State whose value is more than $10 per ton must have placed upon or securely attached to each package by the manufacturer a guarantee analysis * which shall substantially correspond with the analysis of the sample of same brand so furnished the superintendent of agriculture [professor of chemistry, act April 9, 1895].

SEC. 3404. The superintendent [professor of chemistry, act April 9, 1895] of the State university shall receive for analyzing a fertilizer and affixing his certificate thereto the sum of $15 for each and every brand of fertilizer analyzed for any

a Note by the editors of the digest: "This provision is apparently in conflict with the act of March 31, 1891, section 4096, but as the same provision was in section 6, act of March 30, 1887, of which section 4096 is an amendment, it seems to have been the legislative intent that the two provisions be harmonized, both being in the same act.

manufacturer or vendor; but any agriculturist of the State or purchaser of any commercial fertilizer in this State may take a sample of the same, under the rules and directions of the said superintendent of agriculture [professor of chemistry, act April 9, 1895] at the said experiment station, and forward same to said superintendent of agriculture [professor of chemistry] for analysis, which analysis shall be made free of charge. (Act March 8, 1889.)

Act approved April 19, 1895, section 4088 supra, was amended to read thus: SEC. 4088. It shall be the duty of the board of trustees to apportion the number of beneficiaries who shall be admitted as students in the university without tuition among the several counties of the State according to population and to notify the county judge of each county of the number apportioned to the county at least two months prior to the beginning of each regular annual session of the school; and it shall be the duty of the county judge to appoint from the actual residents of the county the number of beneficiaries to which it may be entitled, a preference being given to those noted for diligence and proficiency in study, and the appointments so made shall be entered of record. If the judge of any county shall fail to appoint its quota of beneficiaries, or if those appointed shall fail to attend, the president of the university shall appoint such beneficiaries to the full number authorized by law from other counties having their full quota: Provided, Such appointments shall be vacated on application of the county judge of a county so failing to fill its quota.

Act approved May 23, 1901: SECTION 1. Whereas the State of Arkansas now holds $30,000 of bonds issued by the city of Fayetteville, in trust as a permanent endowment fund for the University of Arkansas, and whereas said bonds mature on the 1st day of January, 1902, and whereas the city of Fayetteville will be enabled to meet the entire obligation, now therefore the State treasurer is hereby authorized to surrender such number of said bonds to the city of Fayetteville as it may be able to pay and does pay when such bonds mature.

SEC. 2. The city of Fayetteville is authorized and empowered to issue new 5 per cent bonds, payable in twenty years, or at the option of said city in five years, in lieu of the bonds said city is unable to pay, and the State treasurer shall surrender the old bonds at maturity and accept the new bonds in exchange therefor.

SEC. 3. Whereas the act of 1871, locating the University of Arkansas, provided that the county or corporation securing the location should not be required to pay more than one year's interest on its bonds before the completion of the buildings, and in case more than one year's interest was collected by the State that the State would refund said interest; and whereas by act of 1875 the legislature refunded to Washington County $16,000 in 6 per cent bonds for the interest erroneously collected from said county on its university bonds for the years 1873 and 1874, and whereas the State erroneously collected $4,800 and has never refunded said amount to said city, therefore the State treasurer at the time of settlement shall surrender to said city such numbers of the old university bonds as shall amount to said tax so erroneously collected.

SEC. 4. All money paid by the city of Fayetteville for said bonds shall be invested by the State debt board as a permanent endowment fund for said university in safe securities, and such securities, together with the new 5 per cent bonds issued by said city, shall be held by the State treasurer in trust for said university, and the interest annually collected thereon shall be turned over to the treasurer of said university.

SEC. 4. That the city council of the city of Fayetteville shall destroy and burn the old bonds turned over to said city at the time of settlement by the State treasurer at their first regular meeting after settlement.

CALIFORNIA.

Constitution (1879), Article IX: SECTION 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

SEC. 2. The public school system shall include primary and grammar schools, and such high schools, evening schools, normal schools, and technical schools as may be established by the legislature, or by municipal or district authority, but the entire revenue derived from the State school fund, and the State school tax, shall be applied exclusively to the support of primary and grammar schools.

SEC. 8. No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools, nor shall any sectarian or denominational doc