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15. To take immediate measures for the permanent improvement and planting of the university grounds.
16. To keep a record of all their proceedings.
17. Through the president of the university, to report to the governor the progress, condition, and wants of each of the colleges embraced in the university, the course of study in each, the number of professors and students, the amount of receipts and disbursements, together with the nature, cost, and results of all important investigations and experiments, and such other information as they may deem important.
SEC. 1433. The entire income arising from the endowment is subject to the trusts at the disposition of the board of regents for the support of the university.
SEC. 1434. For the current expenditures of the university specific sums of money must be set aside, out of the funds at their disposal, by the board of regents, which are subject to the warrants of the president of the board, drawn upon the treasurer of the university in pursuance of the orders of the board of regents.
SEC. 1435. All moneys which may at any time be in the State treasury, subject to the use of the board of regents, may be drawn therefrom by the president of the board, upon the order of the board, in favor of the treasurer of the university.
SEC. 1436. The regents must cause to be constructed such buildings as are needed for the use of the university.
SEC. 1137. The plan adopted in the construction of buildings must provide separate buildings for separate uses, and so group all such buildings that a central building may bring the whole in harmony as part of one design.
SEC. 1438. The construction and furnishing of the buildings must be let out to the lowest responsible bidder, after advertisement for not less than ten days in at least two daily newspapers published in the city of San Francisco; but the regents may reject any bid and advertise anew.
Sec. 1439. Until the university buildings are ready for use the regents may make temporary arrangements for buildings at Oakland.
Sec. 1449. A practical agriculturist, competent to superintend the working of the agricultural farm, and to discharge the duties of secretary of the board of regents, must be chosen by the board as their secretary.
SEC. 1450. The Secretary must-,
2. Keep a record of the transactions of the board of regents, which must be open at all times to the inspection of any citizens of this State.
3. Have the custody of all books, papers, documents, and other property which may be deposited in his office.
4. Keep and file all reports and communications which may be made to the university appertaining to education, science, art, husbandry, mechanics, or mining.
5. Address circulars to societies and others soliciting information upon the latest and best modes of culture of the products adapted to the soil and climate of the State, and on all subjects connected with field culture, horticulture, stock raising, and the dairy.
6. Correspond with established schools of mining and metallurgy in Europe, and obtain information respecting the improvements of mining machinery adapted to California.
7. Correspond with the Patent Office at Washington and with the representatives of the Government of the United States abroad, to procure contributions from these sources; receive and distribute seeds, plants, shrubbery, and trees adapted to our climate and soils, for the purposes of experiment.
8. Obtain contributions to the museums and the library of the university.
9. Keep a correct account of all the executive acts of the president of the university.
10. Keep an accurate account of all moneys received into the treasury or paid therefrom.
11. Distribute the seeds, plants, trees, and shrubbery received by him, and not needed by the university, equally throughout the State, to farmers and others who will agree to cultivate them properly and return to the secretary's office a reasonable proportion of the products thereof, with a statement of the mode of cultivation, and such other information as may be necessary to ascertain their value for cultivation in the State.
12. Publish from time to time in the newspapers of the State, free of charge, information relating to agriculture, the mechanic arts, mining and metallurgy.
SEC. 1451. The secretary holds office at the pleasure of and receives the compensation fixed by the board.
Sec. 1461. The academic senate is composed of the faculties and instructors of the university.
SEC. 1462. The senate must conduct the general administration of the university, regulate the general and special courses of instruction, receive and determine all appeals from acts of discipline enforced by the faculty of any college, and exercise such other powers as the board of regents may confer upon it.
SEC. 1463. Its proceedings must be conducted according to rules of order adopted by it, and every person engaged in instruction in the university may participate in its discussions; but the right of voting is confined to the president and the professors.
SEC, 1473. The students of the university must be organized into a body known as the “university cadets."
SEC. 1474. The officers of cadets, between and including the ranks of second lieutenant and colonel, must be selected by the chief military instructor, with the assent of the president of the university, and must be commissioned by the governor.
SEC. 1475. The adjutant-general of the State must issue snch arms, munitions, accouterments, and equipments to the university cadets as the board of régents may require and the governor approve.
Sec. 1476. Upon graduating or retiring from the university, such officers may resign their comunissions or hold the same as retired officers of the university cadets, liable to be called into service by the governor in case of war, invasion, insurrection, or rebellion.
SEC. 1477. The military instructor must make quarterly reports to the adjutantgeneral of the State, showing the number, discipline, and equipments of the cadets.
SEC. 3533. The regents of the university may order the selection of the 150.000 acres of land granted to the State for the use of an agricultural college, and dispose of the same at the price and in the manner fixed by them.
SEC. 3534. The land agent of the university, as the agent of the State, must select the lands according to the instructions of the board, and issne certificates of purchase and patents to purchasers who comply with the conditions fixed by the board; and the regents must invest all moneys accruing from the sale of lands as they may deem best, subject to the conditions of the act of Congress granting such lands.
SEC. 3535. All moneys, securities, or other properties arising from the sale of the 72 sections granted to the State for a seminary of learning, and from the sale of the 10 sections granted to the State for the erection of public buildings, must be paid out of the State treasury on the order of the regents of the university.
SEC. 35:36. All persons who have purchased any portion of either of the grants mentioned in the preceding section, and who have not paid in full therefor must be included in the delinquent list, and the district attorney must proceed against such delinquents as provided in sections 3547 and 3548, and the provisions of sections 3548 to 3556 inclusive, are made applicable to such proceedings. If such lands revert to the State, they pass under the control of and may be sold by the board of regents of the university,
SEC. 332. All officers, boards of officers, commissioners, trustees, regents, and directors required by law to make reports to the governor or legislature, except the controller of State, must send the original draft of such reports to the governor before the 15th day of September in the year 1892, and in every second year thereafter.
SEC. 334. The superintendent of State printing must print such reports or such part or parts of said reports as may be ordered by the State board of examiners, in a manner to be designated by said board, before the first Monday in December next after receipt thereof, except the report of the State comptroller, etc.
SEC. 336. All reports must be printed in the English language.
SEC. 550. The geological and other specimens collected by the State geological survey must, excepting such as may be required by the State geologist to aid in the preparation of his report, be delivered over to the agents of the State University, to be by them deposited in the cabinet of the same as the property of the university.
Statutes, 1889, Chapter XVII: Whereas, by section 9 of an act to establish agricultural experiment stations in connection with the colleges established in the several States, it is provided that the grants of inoneys authorized by this act are made subject to the legislative assent of the several States and Territories to the purposes of said grants; therefore be it resolved, that the State of California does hereby assent to the grants named in said act, approved March 2, 1837, and to the conditions thereof, for and on behalf of the State of California and the board of regents of the University of the State of California. And be it further resolved that the State of California does hereby specifically designate “The board of
regents of the University of California," a corporation organized and existing under the laws of California, and controlling the University of California, the only institution in this State established in accordance with the provisions of an act approved July 2, 1862, as the institution to which this grant is by law assigned for the benefit of agricultural experiment stations connected with the said university. Be it further resolved, that his excellency the governor of California be requested to transmit to the Secretary of the Treasury of the United States a copy of these resolutions, duly certified by the secretary of state.
Statutes, 1869-70. Act to amend the act of March 28, 1868, providing for the management and sale of the lands belonging to the State, approved April 4, 1870:
SEC. 60. The board of directors of the Agricultural, Mining, and Mechanical Arts College, or such corporations as may be appointed by law to succeed them, shall have power to order the selection of the grant of 150,000 acres of land granted to the State for the use of an agricultural college, and dispose of the same at such price and in such manner as they shall deem best for the interests of the college, and it shall be the duty of the land agent of the university, as the agent of the State, to select the lands in the United States land offices, according to the instructions of said board or corporation; and it shall be the duty of the said land agent to issue certificates of purchase and patent to purchasers who comply with the conditions ordained by the said board or corporation, in the manner prescribed in sections 4 and 5 of this act; and the said board or corporation shall invest any and all moneys accruing from the sale of said lands as they shall deem best, subject only to the conditions of the act of Congress granting such lands.
In a case (White r. Douglass) involving the ownership of lands held by the State as trustee or agent of the grant made for the establishment of an institution or institutions for the benefit of agriculture and mechanic arts, July 2, 1862, the supreme court decided that under the Congressional grant to the State of lands for the use of an agricultural college, the State, as owner for the purposes of the grant, bad the right to select the lands from surveyed or unsurveyed pnblic lands of the United States, subject to preemption and sale, within the limits of the State, and to prescribe how the selection should be made, and to whom, and in what manner the lands would be so!d. (71 Calif., Sept. 27, 1886.)
In a case decided by the supreme court January 16, 1883 (Hollister v. Sherman, tax collector), it was decided that all property administered by the regents of the State University is exempt from taxes, and a deed of the tax collector on & sale of property so administered under an assessment against the regents would be void on its face. In People v. Supervisors this was reaitirmned. *In our opinion the value of the mortgage to the regunts of the university was properly deducted from the full value of the property."
In Lundy . Dalmas (104 Calif., 655): "The regents of the University of California, under the organic act of March 23, 1898, and the subsequent steps taken by them to incorporate, became and are a corporation."
2. The regents of the University of California are not individually liable for the damage done by alleged negligence of a public corporation.
3. Under the provisions of the organic act of March 23, 1868, and of section 9 of Article IX of the constitution, the regents are not public officers. Section 343 of the Political Code, designating them as "civil executive officers " was repealed by said section of the constitution.
The entire income of such funds shall be placed at the disposition of the board of regents for the support of the university. All moneys which may at any time be in the State treasury, and subject to the use of the said board of regents, may be drawn therefrom by the president of the board upon the order of said board in favor of tho treasurer of the university.
The constitution having declared (sec. 22) that no money shall be drawn from the treasury but in consequence of appropriations made by law, and upon warrants duly drawn thereon by the controller, a question arose as to the power of the board under this section of this act of March 28, 1863, establishing the university. The supreme court settled the point in the case of Regents of University of California v. W. A. January, (State) treasurer, the syllabus of which reads as follows: "All moneys in the State treasury subject to the use of the board of regents of the University of California may be drawn therefrom upon the order of the board indorsed by the governor, and no appropriation or warrant from the controller is necessary for that purpose. °(66 (al., Mar. 16, 1845, p. 507.) In view of these statutory and constitutional provisions, we do not doubt that it was the duty of the respondent [State treasurer) to comply with the resolution of tho regents, without requiring in addition theroto a warrant of the controller, or the depositing of an equivalent security, and without regard to the use which the regents proposed to make of the money. With that the respondent had nothing to do. Nor can we pass upon that question in this proceeding. Wo might give our individual views on it, but we more than doubt the propriety of doing so. The only question which we can decide is whether, upon the face of the facts disclosekl by the record, a writ should issue as prayed. The fact of a proper demand having been made on the respondent, and his having refused to perform a duty plainly devolved on him by law, entitles the petitioners to the writ (mandamus]."
Constitution (1876), Article VIII, State Institutions: SECTION 1. Charitable institutions established: 1. Educational, reformatory, and penal institutions, and those for the benefit of the insane, blind, deaf, and mute, and such other institutions as the public good may require, shall be established and supported by the State, in such manner as may be prescribed by law.
Article IX: Sec. 7. Aid to sectarian schools, [or] churches forbidden. Neither the general assembly, nor any county, city, town, township, school district, or other public corporation shall ever make any appropriation, or pay from any
public fund or moneys whatever, anything in aid of any church or sectarian society, academy, seminary, college, university, or other literary or scientific institution controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money, or other personal property ever be made by the State, or any such public corporation, to any church for sectarian purposes.
SEC. 8. Religious test forbidden, etc.—No religious test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the State, either as teacher or student; and no teacher or student of any such institution shall ever be required to attend or participate in any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color.
Article VIII: SEC, 5. Territorial institutions become State institutions.-The following Territorial institutions, to wit, the University at Boulder, the Agricultural College at Fort Collins, the School of Mines at Golden, the Institute for the Education of Mutes at Colorado Springs, shall, upon the adoption of this constitution, become institutions of the State of Colorado, and the management thereof subject to the control of the State, under such laws and regulations as the general assembly shall provide, and the location of said institutions, as well as all gifts, grants, and appropriations of money and property, real and personal, heretofore made to said several institutions, are hereby confirmed to the use and benefit of the same, respectively: Provided, This section shall not apply to any institution, the property, real or personal, of which is now vested in the trustees thereof, until such property be transferred by proper conveyance, together with the control thereof, to the officers provided for the management of said institution by this constitution or by law.
[In response to a senate resolution to this effect, to wit: Doubt exists as to the meaning of section 5, Article VIII, of the constitution, the supreme court said: “We call attention to section 2 and section 4 of the article (these fix the seat of government and its capitol building). If the framers of the constitution had not regarded section ő as permanently locating the institutions named, it is reasonable to suppose that they would have made some explicit provision with regard to their permanent location.
The absence of such provisions supports the construction which we have given. It follows that the locations of the institutions named, or of any one of them, can not be changed except by an amendment to the constitution.” (December term, 1896, 9 Col., p. 628.)]
[The following matter has been taken from Mills'. Annotated Statutes (1891 ed.) and the supplement thereto, including * all laws not in volumes 1 and 2, to January 1, 1897." By J. Warner Mills. Denver, 1897.]
Chapter 2, division 1, Agricultural College: SEC. 36. That to provide a fund for the support and maintenance of the State Agricultural College, located at Fort Collins, there shall be assessed and levied annually upon all taxable property in this State the following tax, to wit: One-fifth of 1 mill on each dollar of the yearly assessed value of such property, which shall be known as the “ agricultural college' tax, and shall be levied and collected at the same time and in the same manner provided by law for the assessment and collection of State taxes.
SEC. 37. It shall be the duty of every county treasurer in this State to provide suitable books, in which shall be entered an account of all taxes collected in pursuance of this act. He shall also enter in said book an account of all money transmitted to the State treasurer on account of said fund, as hereinafter provided.
Sec. 38. The fund so created shall be applied exclusively for the support of the Agricultural College of this State, and for the erection of such buildings as by the State board of agriculture shall be deemed advisable.
SEO. 39. It shall be the duty of the county treasurer in the several counties to preserve the agricultural college fund, as provided by this act, as a separate fund, and to transmit the same monthly to the treasurer of the State, who shall keep the same as an agricultural college fund, to be at the disposal of the State board of agriculture, as provided by this act.
SEC. 40. Whenever there shall be any money in the hands of the State treasurer to the credit of the agricultural college fund, deemed sufficient by the State board of agriculture to commence the erection of an agricultural college, the auditor of State is hereby authorized to draw his warrant upon the treasurer of the State in favor of the treasurer of said State board of agriculture, in such sums as said board shall deem necessary to carry on the erection or running expenses of said college: Provided, That nothing herein shall be construed as authorizing or empowering said board to create any indebtedness, in any year, beyond the tax so levied in that year for that purpose.
SEC, 41. The auditor of State shall draw his warrant upon the fund herein provided for, upon bills approved by the president of the State board of agriculture,
countersigned by the secretary of said board, to defray the lawful expenses incurred in building and supporting the agricultural college.
[The matter contained in section 36 to section 41, inclusive, was repealed by an act approved March 17, 1891. This act increased the tax to one-sixth of a mill for each of four State educational institutions, of which the Agricultural College was one, but the act was declared unconstitutional by the supreme court of Colorado.]
SEC. 42. This act shall not take effect unless the fee-simple title to the real estate known as the Agricultural College of Colorado shall, within ninety days from the passage of this act, be vested in said State board of agriculture free of any condition whatever. When the said title shall be so vested, it shall be the duty of the attorney-general to certify such fact in writing to the State auditor, and the State auditor shall notify the county clerks of the several counties of this State of the same, in order that the tax herein provided may be properly levied and assessed.
SEC. 43. That for the purpose of further carrying out the provisions of the act of Congress approved July 2, 1862, in relation to agricultural colleges, the military body known as the Agricultural College Cadets, of the Colorado Agricultural College, is hereby organized as an auxiliary branch of the Colorado National Guard, and is placed upon the same footing as regards arms, ammunition, and camp and garrison equipage as the Colorado National Guard.
Sec. 44. That the proper officers of said Colorado National Guard are hereby authorized and directed to honor the requisition of the commanding officer of said Agricultural College Cadets, under such rules and regulations as may hereafter be prescribed by the State military board and the State board of agriculture, when countersigned by the president of said college, for 10 rounds of ammunition per year for each member of said military body, and for such camp and garrison equipage as may be necessary for the proper instruction of said body in all that pertains to the practical duties of soldiers in camp.
SEC. 44a. The cadets of the State Agricultural College shall be attached to the Colorado National Guard, under such rules and regulations as may hereafter be prescribed by the State military board and the State board of agriculture.
SEC. 45. That for the furtherance and promotion of the agricultural interests of the State, an agricultural experimental station shall be established in that section of country commonly known as the “ Divide,” in the northern part of El Paso County, the precise location to be determined as hereinafter provided.
SEC. 46. The State board of agriculture is authorized to select the necessary lands and secure the same, either by lease or purchase, as they may see fit, and to make all necessary improvements in the way of buildings and fences, and to take such steps as they deem necessary to successfully establish said station.
SEC. 47. The State board of agriculture shall have the control and supervision of said farm. They shall appoint a superintendent and such other officers and employees as may to them appear to be necessary to carry on the said farm successfully. They shall have power to fix salaries and all compensation of employees, and they are hereby empowered to fix such rules and regulations as may be by them deemed best for the successful attainment of the object for which said station is to be established and maintained. They shall also appoint three resident trustees, who shall act without compensation, except when it becomes necessary they may be allowed traveling expenses in attending to the discharge of their duties.
SEC. 48. The object of this agricultural station shall be to determine the adaptability of crops of grain, grasses, root crops, and all other growths which may grow in this latitude; also the most economical method of producing the best results in growing such crops with and without irrigation. And in aid of these objects the board of agriculture may select land (not to exceed 200 acres) in the San Luis Valley out of the State lands there found for this purpose, and shall appoint three local trustees for the management of the same. And in aid of these objects the board of agriculture may select land (not to exceed 200 acres) in the Arkansas Valley, in the county of Bent, out of the State lands there found for this purpose, and shall appoint three local trustees for the management of the same. And in further aid of these objects the board of agriculture may select lands to the extent of 200 acres in the valley of Uncompahgre River, or the valley of the Gunnison River, or the valley of the North Fork of the Gunnison River, in Delta County, State of Colorado, for the purpose of an experimental agricultural station as herein provided, and shall appoint three local trustees to manage the same, such lands to be selected from State lands or secured by purchase, gift, or donation, as the board of agriculture may decide.
SEC. 49. The proceeds arising from the sale of products of said farms shall be applied in the liquidation of the running expenses, and all moneys so accruing