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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 tanght in the workshops, the English language and literature, mathematies, 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. (Aet March 31, 1891, amending section 6, aet 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.1

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 inedicine, 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. 3101. It shall be the duty of the superintendent of agriculture (professor of chemistry, act April 9, 1895] at the experimental station of the university Cat 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. 3104. 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 4036, but as the same prorision was in section 6, act of March 30, 1887, of which section 4016 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.


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

trine be taught, or instruction therein be permitted, directly or indirectly, in any of the common schools of the State.

SEC, 9. The University of California shall constitute a public trust, and its organization and governinent shall be perpetually continued in the form and char. acter prescribed by the organic act creating the same, passed March 23, 1868, and the several acts amendatory thereof, subject only to such legislative control as may be necessary to insure compliance with the terms of its endowments, and the proper investment and security of its funds. It shall be entirely independent of all political and sectarian influence, and kept free therefrom in the appointment of its regents and in the administration of its affairs: Provided, That all the moneys derived from the sale of the public lands donated to this State by act of Congress, approved July 2, 1862, and the several acts amendatory thereof, shall be invested as provided by said acts of Congress, and the interest of said moneys shall be inviolably appropriated to the endowment, support, and maintenance of at least one college of agriculture, where the leading object shall be, without excluding other scientific and classical stndies, and including military tactics, to teach such branches of learning as are related to scientific and practical agriculture and the mechanic arts, in accordance with the requirements and conditions of said acts of Congress; and the legislature shall provide that if, through neglect, misappropriation, or any other contingency, any portion of the funds so set apart shall be diminished or lost, the State shall replace such portion so lost or misappropriated, so that the principal thereof shall remain forever undiminished. No person shall be debarred admission to any of the collegiate departments of the university on account of sex.

Statutes of California, act March 23, 1868: SECTION 1. A State university is hereby created pursuant to the requirements of section 4, article 9, of the constitution of the State of California, 1

[The following matter is taken from the Political Code of the State of California, compiled by James H. Deering, San Francisco, 1890.)

SEC. 1385. The University of California, located in Alameda County, has for its object general instruction and education in all the departments of science, literature, art, industrial and professional pursuits, and special instruction for the professions of agriculture, the mechanic arts, mining, military science, civil engineering, law, medicine, and commerce.

SEC. 1386. There must be maintained in the university1. A college of letters.

2. A college or colleges of science, including agriculture, mechanics, mining, engineering, chemistry, and such other specialties as the board of regents may determine.

3. Colleges of medicine and law.
4. Such other colleges as the board of regents may establish.

SEC. 1387. The college of letters must embrace a liberal course of instruction in language, literature, and philosophy.

Sec. 1388. Each full course of instruction consists of its appropriate studies and courses, to be determined by the board of regents.

SEC. 1389. The president of the university is the executive head of the institution in all its departments, except as herein otherwise provided.

Sec. 1390. He must, subject to the board of regents, give general direction to the practical affairs of the several colleges, and, in the recess of the board of regents, may remove any employee or subordinate officer not a member of any faculty and supply for the time being any vacancies thus created; and until the regents otherwise direct he is charged with the duties of one of the professorships.

SEC. 1391. The immediate government of the several colleges is intrusted to their respective faculties, each of which must have its own organization, regulate its own affairs, and may recommend the course of study and the text-books to be used.

SEC, 1992. Any resident of California of the age of 14 years or upward, of approved moral character, may enter himself in the university as a student at large and receive tuition in any branches of instruction at the time when the same

a Constitntion of 1849: The legislature shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States or any person or persons to the State for the use of the university; and the funds aceruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may deem for the promotion of literature, the arts, and sciences as may be authorized by the terms of such grant. And it shall be the duty of the legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university,

are given in their regular course on such terms as the board of regents may prescribe.

SEC. 1393. An admission fee and rate of tuition fixed by the board of regents must be required of each pupil, except as herein otherwise provided.

SEC. 1394. As soon as the income of the university shall permit, admission and tuition must be free to all residents of the State; and the regents must so apportion the representation of students, according to population, that all portions of the State may enjoy equal privileges therein.

SEC. 1395. If approved by the board of regents, scholarships may be established in the university by any persons for the purpose of private benefaction or of affording tuition in any course of the university free from the ordinary charges to any scholar in the public schools of the State who may distinguish bimiself in study, according to the recommendation of his teachers, and who passes the examination required for the grade at which he wishes to enter the university.

SEC. 1396. The board of regents may affiliate with the university any incorporated college of medicine, law, or other special course of instruction upon such terms as may be deemed expedient; and such college may retain the control of its own property, have its own board of trustees, faculties, and presidents, respectively, and the students of such colleges, recommended by the respective faculties thereof, may receive from the university the degrees of those colleges.

SEC. 1397. The examination for degrees must be annual. Students who have passed not less than a year as residents in any college, academy, or school in this State, and who, after examination by the faculty thereof, are recommended by them as proficient candidates for any degree in any regular course of the university, must be examined therefor at the annual examination, and on passing such examination may receive the degree and diploma for that course and rank as graduates.

SEC. 1398. All students of the university who have been residents thereat for not less than one year, and all graduates thereof, may present themselves for examination in any course at the annual examinations, and, on passing such examination, may receive the degree and diploma of that course.

Sec. 1399. Upon such examinations each professor and instructor of that course may cast one vote, by ballot, upon each application for recommendation to the board of regents for a degree.

Sec. 1400. Graduates of the College of California and of any incorporated college affiliated with the university may receive the degrees from and rank as graduates of the university.

Sec. 1401. The board of regents may also confer certificates of proficiency in any branch of study upon such students of the university as upon examination are found entitled to the same.

SEC. 1402. The proper degree of each college must be conferred at the end of the course upon such students as, having completed the same, are found proficient therein.

SEC. 1403. The degree of bachelor of arts, and afterwards the degree of master of arts, in usual course must be conferred upon the gradutes of the college of letters.

SEC, 1404. A system of moderate manual labor must be established in connection with the agricultural college, upon its agricultural and ornamental grounds, for practical education in agricultural and landscape gardening.

Sec. 1405. No sectarian, political, or partisan test must ever be allowed or exercised in the appointment of regents, or in the election of professors, teachers, or other officers of the university, or in the admission of students thereto, or for any purpose whatsoever; nor must the majority of the board of regents be of any one religious sect or of no religious belief.

Sec. 1415. The endowment of the university is

1. The proceeds of the sale of the 72 sections of land granted to the State for a seminary of learning.

2. The proceeds of the 10 sections of land granted to the State for public buildings.

3. The income derived from the investments of the proceeds of the sale of the lands or of the scrip therefor, or of any part thereof, granted to this State for 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.

4. The income of the fund set apart by “An act for the endowment of the University of California,'” approved April 2, 1870, which is continued in force.

[An act for the endowment of the University of California. Chapter CCCCLX: The treasurer of the State shall place to the credit of the university fund so much of any moneys that may be

received by him from the net proceeds of sale of any salt marsh and tide lands lying in and around the Bay of San Francisco belonging to the State of California as, being invested in the bonds of said State or of the United States, shall yield an annual income of $50,000. Said moneys shall be a fund the capital of which shall remain undiminished and the interest of which shall be inviolably applied to the support of the University of California.]

6. The State of California, in its corporate capacity, may take, by grant, gift, devise, or bequest, any property for the use of the university, and hold the saine, and apply the funds arising therefrom, through the regents of the university, to the support of the university as provided in Article IX, section 4, of the constitution (1819, see footnote, p. 22).

7. The regents of the university, in their corporate capacity, may take, by grant, gift, devise, or bequest, any property for the use of the university, or of any college thereof, or of any professorship, chair, or scholarship therein, or for the library, an observatory, workshops, gardens, greenhouses, apparatus, a students' loan fund, or any other purpose appropriate to the university; and such property shall be taken, received, held, managed, and invested, and the proceeds thereof used, bestowed, and applied by the said regents for the purposes, provisions, and conditions prescribed by the respective grant, gift, devise, or bequest.

8. The regents of the university may invest any of the permanent funds of the university which are now or hereafter may be in their custody in productive, unincumbered real estate in this State, subject to the power of the legislature to control or change such investments, excepting such as, by the terms of their acquisition, must be otherwise invested.

9. If by the terms of any grant, etc., such as are described in the preceding sixth and seventh subdivisions, conditions are imposed which are impracticable under the provisions of the civil code, such gift, etc., shall not thereby fail, but such conditions shall be rejected, and the intent of the donor carried out as near as may be.

Sec, 1425. The university is under the control of a board of regents consisting of 22 members, but the president of the university for the time being shall be a member of the board of regents by virtue of his office.

SEC. 1426. Sixteen members of the board are appointed by the governor, with the advice and consent of the senate. Their term of office is sixteen years.

SEC. 1427. Six members of the board hold by virtue of their office. (SEC. 353: The governor, lieutenant-governor, speaker of the assembly, superintendent of public instruction, president of the State board of agriculture, and president of the Mechanics’ Institute of San Francisco are ex officio regents of the University of California.]

SEC. 1428. Whenever a vacancy occurs in the board the governor must appoint some person to fill it, and the person so appointed holds for the remainder of the term.

SEC. 1429. The governor is president of the board. SEC. 1430. Seven members constitute a quorum of the board. SEC. 1431. The members receive no compensation. SEC. 1432. The powers and duties of the board of regents are as follows: 1. To meet at such times and places as their rules may prescribe or at the call of the president of the board.

2. To control and manage the university and its property.

3. To prescribe rules for their own government and the government of the university.

4. To adopt and prescribe rules for the government and discipline of the cadets.

5. To receive in the name of the State or of the board of regents, as the case may be, all property donated to the university.

6. To choose the president of the university, the professors, and other officers and employees of the university, prescribe their duties, fix and provide for the payment of their salaries.

7. To fix the qualifications for admission to the benefits of the university. 8. To fix the admission fee and rates of tuition. 9. To appoint a secretary and treasurer, prescribe their duties, and fix and provide for the payment of their compensation.

10. To remove at pleasure any officer, professor, or employee of the university. 11. To supervise the general courses of instruction and, on the recommendation of the several faculties, prescribe the authorities and text-books to be used in the several colleges.

12. To confer such degrees and grant such diplomas as are usual in universities or as they may deem appropriate.

13. To establish and maintain a museum. 14. To establish and maintain a library.

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