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are made subject to the legislative assent of the several States and Territories to the purpose of said grants: Provided, That payments of such installments of the appropriation herein made as shall become due to any State before the adjournment of the regular session of legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof, duly certified to the Secretary of the Treasury.
SEC. 3. That if any portion of the moneys received by the designated officer of the State or Territory for the further and more complete endowment, support, and maintenance of colleges, or of institutions for colored students, as provided in this act, shall, by any action or contingency, be diminished or lost, or be misapplied, it shall be replaced by the State or Territory to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to such State or Territory; and no portion of said moneys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings. An annual report by the president of each of said colleges shall be made to the Secretary of Agriculture, as well as to the Secretary of the Interior, regarding the condition and progress of each college, including statistical information in relation to its receipts and expenditures, its library, the number of its students and professors, and also as to any improvements and experiments made under the direction of any experiment stations attached to said colleges, with their costs and results, and such other industrial and economical statistics as may be regarded as useful, one copy of which shall be transmitted by mail free to all other colleges further endowed under this act. >
SEC. 4. That on or before the first day of July in each year, after the passage of this act, the Secretary of the Interior shall ascertain and certify to the Secretary of the Treasury as to each State and Territory whether it is entitled to receive its share of the annual appropriation for colleges, or of institutions for colored students, under this act, and the amount which thereupon each is entitled, respectively, to receive. If the Secretary of the Interior shall withhold a certificate from any State or Territory of its appropriation the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the close of the next Congress, in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the Secretary of the Interior. If the next Congress shall not direct such sum to be paid it shall be covered into the Treasury. And the Secretary of the Interior is hereby charged with the proper administration of this law.
SEC. 5. That the Secretary of the Interior shall annually report to Congress the disbursements which have been made in all the States and Territories, and also whether the appropriation of any State or Territory has been withheld, and if so, the reasons therefor.
SEC. 6. Congress may at any time amend, stispend, or repeal any or all of the provisions of this act. (Approved, August 30, 1890.)
Constitution, 1875, Article XIII: SECTION 1. The general assembly shall establish, organize, and maintain a system of public schools throughout the State for the equal benefit of the children between the ages of 7 and 21 years, but separate schools shall be provided for the children of citizens of African descent. [This provision of the constitution is inserted here, as upon it a claim was based for the establishinent of a “University for Colored People.""]
> SEC. 2. The principal of all funds arising from the sale or other disposition of lands or other property which has been or may hereafter be granted or intrusted to this State, or given by the United States for educational purposes, shall be preserved inviolate and undiminished; and the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations.'
SEC, 3. All lands or other property * appropriated by the State for elucational purposes
shall be faithfully applied to the maintenance of the public schools.
S c. 8. No money raised for the support of the public schools of the State shall be appropriated to, or used for, the support of any sectarian or denominational school.
Sec. 9. The State university and the agricultural and mechanical college shall each be under the management and control of a board of trustees.
The board for the agricultural and mechanical college shall consist of two members from the Congressional district in which the college is located, and one from each
of the other Congressional districts in the State. Said trustees shall be appointed? hy the governor, by and with the advice and consent of the senate, and shall hold office for a term of six years, and until their successors shall be appointed and qualified. After the first appointment each board shall be divided into three classes, as nearly as may be. The seats of the first class shall be vacated at the espiration of two years, and those of the second class in four years, and those of the third class at the end of six years from the date appointment, so that onethird may be chosen biennially. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. The governor shall be ex-officio president, and the superintendent of education es-officio member of
* said board of trustees. SEC. 10. The general assembly shall have no power to change the location of the
* agricultural and mechanical college, as 10w established by law, except upon a vote of two-thirds of the members of the general assembly, taken by yeas and nays, and entered upon the journal.
Article IV, Legislative Department: The legislative department [of Alabama] shall be vested in a general assembly, which shall consist of a senate and house of representatives.
SEC. 33. No money shall be paid out of the treasury except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof; and a regular statement and account of receipts and expenditures of all public moneys shall be published annually.
[The following matter is taken from the official work entitled “The Code of Alabama, with such statutes passed at the session of 1596-97 as are required to be incorporated therein."--Atlanta, Ga., 1897.)
Code of Alabama (1897), article 14: Src. 3636. Incorporation of the college. The governor and the superintendent of education, by virtue of their respective oftices, and the trustees appointed from the different Congressional districts of the States, under the provisions of section 9 of Article XIII of the constitution, and their successors in office, are constituted a body corporate under the name of the Agricultural and Mechanical College of Alabama, to carry into effect the purpose and intent of the Congress of the United States in the grant of lands by the act of July 2, 1862.
SEC. 3687. General powers, duties, and liabilities of college. Such corporation shall have all the rights, privileges, and franchises necessary to a promotion of the end of its creation, and shall be charged with all corresponding duties, liabilities, and responsibilities.
SEC. 3688. Credit of State pledged to payment of interest. For the payment of the interest, at the rate of 8 per cent per annum, on the fund of $253,500), arising from the sale of the scrip for the land donated in trust to this State by the act of Congress of July 2, 1862, the faith and credit of the State are forever pledged.
SEC. 3689. Powers of board of trustees. The board of trustees have the power to organize the college by appointing a corps of instructors, who shall be styleil the faculty of the college, and such other instructors and officers as the interest of the college may require; and to remove any such instructors or officers, and to fix their salaries or compensation, and increase or reduce the same at their discretion; to regulate, alter, or modify the government of the college as they may deem advisable; to prescribe courses of instruction, rates of tuition, and fees; to confer such academic and honorary degrees as are usually conferred by institutions of similar character; and to do whatever else they may deem best for promoting the interest of the college. They shall also establish and maintain a nilitary department in the college, and elect a commandant and such other officers as may be necessary for the department.
SEC. 2690. Classification of trustees. The trustees of the college are divided into three classes, as follows: The trustees froin the fourth, firth, seventh, and minti districts shall constitute the first class; those from the eighth, sixth, and second districts shall constitute the second class, and those from the third and first dis. tricts shall constitute the third class; and they shall hold office and their seats be vacated as prescribed by the constitution.
SEC. 3691. Any vacancy in the office of trustee occurring during the recess of the legislature shall be filled by appointment of the governor, such appointee to hold until, at the next session of the legislature thereafter, such vacancy shall be filled by the governor, by and with the consent of the senate; and any trustee appointed to fill a vacancy by the governor, by and with the consent of the senate, shall bold during the unexpired term.
SEC. 3692. Time and place of meeting of trustees. The board of trustees shall hold their meetings at the seat of the college on the last Monday in June of each
year, unless the board shall in regular session determine to hold its meetings at some other time and place; and upon the application in writing of any four members of the board the governor shall appoint a special meeting, naming the time and place thereof, and cause notices thereof to be issued to the several members of the board, but such meeting shall not be appointed for a day less than twenty days subsequent to the date of the notice.
SEC. 3693. Quorum of board of trustees. Six members of the board of trustees shall constitute a qnorum, but a smaller number may adjourn from day to day until a qnorum is present.
Sec. 3694. The certificate of the president of the board or in his absence of the president pro tempore, countersigned by the secretary, shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as such trustees.
SEC. 3695, No grant or gift, by will or otherwise, shall fail on account of any miznomer or informality, when the intent of the grantor or donor can be arriveil at; nor shall any default, malfeasance, or misfeasance, or nonuser on the part of the trustees or other officers or agents of such corporation, work a forfeiture of any of its rights, privileges, powers, or franchises.
SEC. 3696. It shall be the duty of the board of trustees to make or canse to be made to the general assembly, at each session thereof, a full report of their transactions, and of the condition of the college, embracing an itemized account of all receipts and disbursements on account of the college by those charged with the administration of its finances.
SEC. 3697. Interest paid by treasurer; when bond required of officers or agents. The State treasurer must pay the interest on the fund of $233,500 arising from the sale of land scrip quarterly, as the same may accrue, to the treasurer or other authorized agent or officer of the college; and on the application of such treasurer, agent, or officer, the auditor shall draw his warrant on the State treasurer for such interest; but in no case shall any person be authorized to receive, hold, or disburse any fund of the college without having first given bond conditioned for the faithful performance of his duties.
SEC. 398. Experiment station of agricultural and mechanical college. The trustees of the agricultural and mechanical college may establish and maintain an agricultural experiment station, at which careful esperiments in scientific agriculture shall be made: the results whereof shall be furnished the commissioner [of agriculture) monthly, and he shall make publication thereof as often as he may deem necessary; and if such station is established and maintained, the triistees of the college shall cause, without charge therefor, an aralysis to be madle of all fertilizers submitted by the commissioner for analysis; and one-sixth of the net proceeds arising from the sale of fertilizer tags shall be paid quarterly to the treasurer of the agricultural and mechanical college on the approval of the goverror and of the commissioner, to be disbursed under the direction of the board of trustees for the development of the agricultural and mechanical department of the college.
SEC, 399. A branch agricultural experiment station, for the purpose of condncting and making experiments in scientific agriculture, is established and located at or near Uniontown, in Perry County, known as the Canebrake Agricultural Experiment Station.
SEC. 400. The station is under the general supervision and control of a board composed of the commissioner of agriculture, the director of the experiment station at the agricultural and mechanical college, and five progressive farmers to be appointed by the governor, who are actually engaged in cultivating canebrake land, three of whom must reside within 10 miles of the station, and who must not receive any compensation other than expenses actually incurred in visiting the station, and, while there, supervising its affairs.
SEC. 401. The board has authority to purchase suitable lands, not exceeding in qnantity 40 acres, for the use of the station, taking the title to the State, and to construct thereon the necessary buildings and other improvements, not expending more than $2.000 in making such purchase and in the construction of such buildings and improvements. The board has anthority also to appoint and to discharge at pleasure such officers, agents, or servants as are deemed necessary to the op. retion of the station, fixing their compensation: and may appoint a director to conduct and control the operations of the station, under the superintendence and direction and subject to the rules and regulations of the board, and may pay such director a reasonable salary, not to exceed $250 per annum.
SEC. 402. The board must cause such experiments to be made at the station as will advance the interests of scientific agriculture, particularly on canebrake lands, and to cause such chemical analyses to be made as are deemed necessary,
all such analyses, if requested, to be made under the supervision of the commissioner of agriculture by the chemist of the agricultural department without charge.
SEC. 403. The expenses of the canebrake agricultural experiment station, not exceeding $2,500 annually, must be paid out of the funds of the agricultural department to the treasurer of the board of control in equal quarterly installments on the 1st days of January, April, July, and October.
SEC. 404. A branch agricultural experiment station and school is established at Athens, Limestone County, in the Eighth Congressional district, known as the North Alabama Agricultural Experiment Station and School; another at Abbeville, Henry County, in the Third Congressional district, known as the Southeast Alabama Agricultural Experiment Station and School; another at Albertville, Marshall County, in the Seventh Congressional district, known as the Northeast Alabama Agricultural Experiment Station and School; another at Evergreen, Conecuh County, in the Second Congressional district, known as the Southwest Alabama Agricultural Experiment Station and School; another at Hamilton, Marion County, in the Sixth Congressional district, known as the Sixth District Agricultural Experiment Station and School; another at Blountsville, Blount County, in the Ninth Congressional district, known as the Ninth District Agricultural Experiment Station and School; and three additional agricultural experiment stations and schools, to be located by the governor, commissioner of agriculture, and superintendent of education, may be established in the First, Fourth, and Fifth Congressional districts, respectively, to be known as the District Agricultural Experiment Station and School, respectively, whenever the inhabitants of the district shall convey to the State for the use of such stations and schools, respectively, not less than 80 acres of land, with suitable school buildings thereon of not less than $5,000 in value as approved by the commissioner of agriculture. [On the 9th of December, 1896, the foregoing was amended as follows:] No school or experiment station shall be established in either (any?) of said Congressional districts until such district or the citizens thereof shall donate and convey to the State for the use of such station and school real estate and buildings not les chan $5,000 in value, to be approved by the commissioner of agriculture: Provided, etc., [The matter being local in application and of detail.]
SEC. 405. Each of such stations is under the supervision of a board of control, appointed by the governor, to be composed of five members, a majority of whom shall be men whose principal business is farming, who shall be residents of the respective Congressional district wherein the school for which they are appointed is located, and the superintendent of education and the commissioner of agriculture shall be ex officio members of such board of control. Such board of control may appoint an executive committee composed of not less than three members of sich board, who shall exercise such powers consistent with the acts creating the said school as are conferred upon them by the board of control. Of the five members of each board of control appointed by the governor, one shall be appointed for two years, two for four years, and two for six years from the date of their respective appointments, and as their terms expire the governor shall fill the vacancies, and the members appointed to fill such vacancies shall hold for six years from their appointments. And the governor, whenever he deems such action necessary or expedient, shall have authority to remove the board of control of any school or any member of such board. The members of said board must not receive any compensation other than traveling expenses actually incurred in attending meetings of the board of control.
SEC. 406. For the support of the nine branch agricultural schools and experiment stations, located in the First, Second, Third, Fourth, Fifth, Sixth. Seventh, Eighth, and Ninth Congressional districts, respectively, in the State of Alabama, there shall be appropriated annually out of the agricultural fund the sum of $2,500 to each of said schools, one-fourth of such sum to be paid quarterly, to wit, January 1, April 1, July 1, and October 1 of each year, to the treasurer of the board of control of such schools, provided there is so much of said fund not otherwise appropriated; and if such fund is not sufficient to pay to each of said schools the said sum of $2,500, then the same is to be equally divided among said schools.
SEC. 407. Not less than $500 of the sum so appropriated to each of said schools shall be used in maintaining, cultivatiug, and improving the farms, respectively, and making agricultural experiments thereon, under and by direction of the respective boards of control.
SEC. 408. The treasurer of the board of control shall give bond payable to the board of control. in the sum of at least $1,000, conditioned to faithfully keep and disburse the funds of the schools, and such board of control may require an additional bond at any time it may deem necessary.
SEC. 409. The president or principal of each of said schools shall be the director of the respective school and station in which he is employed, and he shall personally superintend the making of such experiments as will advance the interests of scientific agriculture and cause such chemical analyses to be made as are deemed necessary, and perform such other duties in reference to such experiment stations as shall be required of him by the board of control.
SEC. 410. The president and board of control of said agricultural schools and esperiment stations'shall, from time to time, prepare bulletins of information for farmers and reports of agricultural experiments conducted by them and answers to questions that may be asked them in practical farming and veterinary diseases, including condensed reports of the experiment station at Uniontown, and publish the same in all the weekly newspapers published in their respective Congressional districts whose publishers will insert the same free of charge.
SEC. 411. It shall be the duty of the president or principal of each of said schools to make to the superintendent of education, on or before September 30 of each year, a full report of the financial condition, workings, and progress of said school, embracing an itemized account of all receipts and disbursements of money appropriated to such schools by this article, and a like report to the commissioner of agriculture of the condition, expenses, and workings of the experiment station connected with such school.
Sec. 412. It shall be the duty of the president and principal of each of such schools to report in writing quarterly to the board of control an itemized account of all incidental or matriculation fees, and all other moneys received by him as such president or principal, together with the disposition of the same. He shall give receipts for all moneys received and take receipts for all moneys disbursed by him.
SEC. 413. Scientific and practical agriculture shall be taught at all the agricultural schools, and all male pupils over 10 years of age who receive free tuition therein shall be required to take the course in scientific agriculture and horticulture, and all other pupils over the age of 10 years receiving free tuition shall be reqnired to take the course in floriculture and horticulture.
SEC. 414. None of the said schools shall receive the appropriations provided for in this article or any part thereof unless such school shall be actually conducting an agricultural experiment station and agricultural school, wherein such experiments are made as will tend to advance the interests of scientific farming.
SEC. 415. The board of control and president of the faculty of said schools shall adopt a course of study with a view to educating and training pupils for teachers in the public schools of this state, which course of study shall embrace the different grades adopted by the State; to grant certificates of proficiency or diplomas to such pupils as shall complete the course of study so adopted: Provided, That snch certificates of proficiency or diplomas shall not entitle the holder to teach in the public schools of the State without examination.
SEC. 416. The commissioner [of agriculture] is authorized and directed to adopt annually such measures as may be necessary to successfully conduct in different sections of the State farmers' institutes, consisting of lectures on subjects related to agriculture by persons of scientific attainments, and by practical and successful farmers, with discussions relating thereto, and of such exhibitions as may be found improving, instructive, and of practical value to the farmers of the vicinity where such institutes are held, a report of which, with a detailed statement of the money expended in that connection, must be embodied in his annual report.
Sec. 417. The commissioner is authorized to pay the necessary expenses incurred in conducting such farmers' institutes, including the expense of employing lecturers when necessary and for distributing the reports thereof, and for this purpose there is annually appropriated out of the funds of the department of agriculture $3,000, or so much thereof as may be necessary, to be paid from the monthly estimate and allowance for expenses of the department.
SEC. 396. All moneys received by the department from fees for licenses, from sales of tags, from fees for the registration of lands for sale, or from any other source must be paid into the State treasury monthly.
Act approved February 15, 1897:
SECTION 1. A branch agricultural experiment station and agricultural school for the colored race is hereby established and located at Tuskegee, Macon County, to be run in connection with the Tuskegee Normal and Industrial Institute, and to be known as the Tuskegee Agricultural Experiment Station and Agricultural School.
SEC. 2. The board of control of said station and school shall be composed of the State commissioner of agriculture, the president of the Agricultural and Mechanical College, and the director of the State experiment station at Auburn,