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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 v. 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, had the right to select the lands from surveyed or unsurveyed public 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 sold. (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 a sale of property so administered under an assessment against the regents would be void on its face. In People v. Supervisors this was reaffirmed. In our opinion the value of the mortgage to the regents of the university was properly deducted from the full value of the property."

In Lundy v. Dalmas (104 Calif., 655): "The regents of the University of California, under the organic act of March 23, 1868, 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 the 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, 1868, 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 Cal., Mar. 16, 1885, 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 the regents, without requiring in addition thereto 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. We 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 disclosed 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]."

COLORADO.

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

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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 coutrol 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 5 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, 1885, 9 Col., p. 628.)]

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[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.

SEC. 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

shall be credited as coming from the State and be applied as part or whole payment of any amount which may be appropriated from the funds of the State for the maintenance of said farm or station.

SEC. 50. To enable the State board of agriculture to carry out the provisions of this act, they are hereby authorized to expend such amount as they may deem necessary, in establishing the above-described stations, out of any moneys which may accrue to the State by action of the Congress of the United States for the purpose of establishing agricultural experiment stations in the various States and Territories of the United States.

SEC. 50a. That for the furtherance and promotion of the agricultural interests of this State an agricultural experiment station shall be established in the eastern half of Cheyenne County, the precise location to be determined as hereinafter provided.

SEC. 50b. The State board of agriculture is authorized to select the necessary lands and secure the same by gift or donation, and to make all necessary improvements in the way of buildings and fences, and to take such steps as they may deem necessary to successfully establish said station: Provided, That a site, containing not less than one quarter section of land, and $1,200 for equipping said station, be donated for this purpose by the community in which the same is located; and for the purpose of erecting said buildings and fences and of making all other necessary improvements for said station the sum of $2,500 is hereby appropriated out of the internal permanent improvement fund of the State.

SEC. 50c. The State board of agriculture shall have absolute control and supervision of said farm. They shall appoint a superintendent and such other officers and employees as they may deem necessary to carry on successfully the said farm. They shall have power to fix salaries and all compensation of employees and they are hereby empowered to make such rules and regulations as may to them appear necessary and expedient. They shall appoint three resident trustees, who shall act without compensation, except, when it becomes necessary, they may be allowed traveling expenses in the discharge of their duties.

SEC. 50d. The object of this agricultural experiment 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 methods of producing the best results in growing such crops withont irrigation.

SEC. 50e. The proceeds arising from the sale of the products of said farm and from all other sources shall be paid to the treasurer of the board, and by the board disbursed for the use and benefit of said station.

SEC. 50f. To enable the State board of agriculture to carry out the provisions of this act, they are hereby authorized to expend such amount as they may deem necessary, in establishing the above-described station, out of any moneys which may accrue to the State by the action of Congress of the United States for the purpose of establishing agricultural experiment stations in the various States and Territories of the United States.

SEC. 51. That full and complete acceptance. ratification, and assent is hereby made and given by the State of Colorado to all of the provisions, terms, grants, and conditions, and purposes of the grants made and prescribed by the act of the Congress of the United States entitled "An act to establish agricultural experiment 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."

SEC. 52. The State board of agriculture shall have the control of the fund appropriated by the said act of Congress, and shall disburse the same for the use and benefit of the agricultural experiment station department of the State agricultural college, and in accordance with the terms and provisions of said act of Congress.

SEC. 52a. Full and complete acceptance, ratification, and assent is hereby made and given by the State of Colorado to all of the provisions, terms, grants, and conditions, and purposes of the grants made and prescribed by the act of Congress of the United States entitled "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of an act of Congress approved July 2, 1862."

SEC. 52b. The State board of agriculture shall have the control of the fund appropriated by the said act of Congress, and shall disburse the same for the use and benefit of the State agricultural college, and in accordance with the terms and provisions of said act of Congress.

CONNECTICUT.

[The following matter is taken from the General Statutes of Connecticut, Revision of 1887, published by the authority of the State, Hartford, Conn.]

SEC. 2252. Any person who shall give credit to a minor student of any college or university of this State without the written consent of his parent or guardian, or of an authorized officer of such institution, shall be fined not less than $20 nor more than $300.

SEC. 2253. (Repealed by act 1889, Chap. LII, q. v.) The bonds of this State indorsed and known as agricultural college bonds, and constituting the capital of the agricultural college fund, shall not be transferable except by a special act of the general assembly, but shall remain in the custody of the commissioner of the school fund; and the treasurer and said commissioner are hereby authorized to invest any money now in their hands, or that hereafter may come into their hands, belonging to the principal of said fund in any securities, except personal securities, in which by law the savings banks of this State may invest. Said commissioner shall semiannually receive and pay over the interest accruing upon said fund to the president and fellows of Yale College, for the purposes and on the conditions hereinafter set forth; and the treasurer shall pay interest at the rate of 5 per cent per annum on the principal of the agricultural college fund remaining in the treasury uninvested.

SEC. 2254. Said corporation shall devote the interest upon said fund wholly and exclusively to the maintenance, in that department of Yale College known as the Sheffield Scientific School, of such courses of instruction as shall carry out the intent of the act of Congress entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, in the manner specially prescribed in the fourth section of said act.

SEC. 2255. Said corporation shall furnish gratuitous education in said courses of instruction to such citizens of this State as shall be annually nominated to be pupils of said school, in such manner as the general assembly shall prescribe. Their number shall be, in each year, such as would expend a sum equal to half said interest for the same year, in paying for their instruction in said school, if they were required to pay for it at the regular rates charged to its other pupils for the same year. Said pupils, so nominated and received, shall be admitted into said school upon the same terms and subject to the same rules and discipline which shall apply to all its other pupils, except that they shall pay nothing for heir instruction.

SEC. 2256. Said corporation shall annually make up and distribute the reports required by the fourth paragraph of the fifth section of the act of Congress desig

nated in section 2254.

SEC. 2257. The governor, lieutenant-governor, the three senior senators, and the secretary of the board of education shall constitute a board of visitors, who shall visit said school in each year, and report thereon to the general assembly at each regular session.

SEC. 2258. Said visitors, with the secretary of the Sheffield Scientific School, shall constitute an appointing board, who shall select from such candidates as shall offer themselves those who shall be entitled to receive the gratuitous instruction in said school.

SEC. 2259. If there are more applications for the bounty of the State than there are vacancies to be filled on the part of the State, said board shall give the preference to such young men as are fitting themselves for agricultural, mechanical, or manufacturing occupations in life, and may have become orphans through the death of a parent in the naval or military service of the United States, and next to them, to such as are most in need of pecuniary assistance; and shall provide that the appointments shall be distributed, as far as practicable, among the several counties of the State, in proportion to their population.

SEC. 2260. The secretary of said school shall also be the secretary of said appointing board, and shall record their transactions, and shall, at least one month before the close of each academic year in said school, cause to be published in at least one newspaper in every county in this State an advertisement specifying the number of pupils entitled by law to be admitted into said school for gratuitons instruction during the ensuing academic year, and designating the time and manner in which application for admission may be made to said appointing board.

SEC. 1716. [Amended by section 2 of act of 1893, Chapter LXVII, also by act of 1899, chapter 169.] The Storrs Agricultural School shall remain an institution for the education of boys whose parents are citizens of this State in such branches of

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