and control of the university and of its affairs, and for that purpose shall have and exercise all the powers which are necessary and proper for such object, except in so far as the board may reserve such powers to itself, and any powers granted at any time by said board to such executive committee the board inay at any time revoke.

SEC. 19. To equalize the advantages of the University of Illinois to all parts of the State, there shall be awarded annually, as hereinafter provided, to each county of the State one State scholarship, which shall entitle the holder thereof, who shall be a resident of the senatorial district to which he is accredited, to instruction in any or all departments of said University of Illinois for a term of four years, free from any charge for tuition or any incidental charge, unless such incidental charges shall have been made for materials used or for damages needlessly done to property of the university: Provided, That in counties having two or more senatorial districts there shall be awarded annually one additional scholarship for each of said senatorial districts.

SEC. 20. A competitive examination under the direction of the superintendent of public instruction shall be held at the county court-house in each county of the State upon the first Saturday of June in each and every year by the county superintendent of schools upon such branches of study as said superintendent of public instruction and the president of said university may deem best.

SEC. 21. Questions for such examinations shall be prepared and furnished by the president of the university to the superintendent of public instruction, who shall attend to the printing and distribution thereof to the several county superintendents of schools prior to such examinations.

SEC. 22. In case any candidate who shall be awarded a scholarship shall fail to pass the entrance examination to the university, or shall fail to claim the privileges of such scholarship, or having claimed the privileges shall be expelled, or for any reason shall abandon his right to or vacate such scholarship either before or after entering thereupon, then the candidate certified to be next entitled in the same county shall become entitled to the same. In case any scholarship belonging to any county shall not be claimed by any candidate resident in that county, the superintendent of public instruction may fill the same by appointing some candidate first entitled to a vacancy in some other county, after notice has been served upon the county superintendent of said first-mentioned county.

SEC. 23. The county superintendents shall, within ten days after such examination, make and file in the office of the superintendent of public instruction certificates, in which they shall name all the candidates examined and specify the order of their excellence; and such candidates shall, in the order of their excellence, become entitled to the scholarships belonging to their respective counties. The examination papers handed in by each candidate shall also be filed with the certificate of examination.

SEC. 24. Candidates to be eligible to said scholarship shall be at least 16 years of age, and shall have been bona fide residents of their respective counties for at least one year immediately preceding the examination.

SEC. 25. Any student holding a State scholarship, and who shall make it appear to the satisfaction of the president of the university that he requires leave of absence for the purpose of earning funds to defray his expenses while in attendance, may, in the discretion of the president, be granted such leave of absence, and may be allowed a period not exceeding six years from commencement thereof for the completion of his course at said university.

SEC. 26. Notices of the time and place of the examination shall be given in the schools having pupils eligible thereto prior to the 1st day of January in each year. The superintendent of public instruction shall attend to the giving of the notices herein before provided for; he may in his discretion direct that the examination in any county may be held at some other time and place than that hereinbefore specified; he shall keep full records in his department of the reports of the different examiners, showing the age, post-office address, and standing of each candidate, and shall notify candidates of their rights under this act; he is hereby charged with the general supervision and direction of all matters in connection with the filling of such scholarships; he shall determine any controversy which may arise under this act.

SEC. 27. Students enjoying the privileges of State scholarships shall, in common with other students of said university, be subject to all the examinations, rules, and requirements of the board of trustees and faculty as herein provided.

SEC. 28. Nothing herein contained shall be construed to prevent the board of trustees of said university from granting such other free scholarships as in their discretion may be deemed best.

SEC. 29. The trustees of the University of Illinois are hereby authorized and

EDUCATION REPORT, 1901-1902.

directed to establish a chemical and biological survey of the waters of the State in connection with the said university.

SEC. 30. It shall be the duty of the university to collect facts and data concerning the water supplies of the State; to collect samples of waters from wells, streams, and other sources of supply; to subject these samples to such chemical and biological examination and analysis as shall serve to demonstrate their sanitary condition, and to determine standards of purity of drinking waters for the various sections of the State; to publish the results of these investigations in a series of reports to be issued annually or oftener, to the end that the condition of the potable waters of the State may be better known and that the welfare of the people of the various communities of the State may thereby be conserved.

SEC. 31. For the installation and support of said survey there is hereby appropriated the sum of $3,000 per annum.

SEC. 32. The auditor of state is hereby authorized and directed to draw his warrants quarterly, in advance, on the treasurer for the sums hereby appropriated, upon the order of the chairman of the board of trustees of the University of Illinois, attested by the secretary, and with the corporate seal of the university: Provided, That no part of said sums shall be due and payable to said institution until satisfactory vouchers in detail, approved by the governor, shall be filed with the auditor, for the expenditure of the last quarterly installment of appropriations herein inade.

SEC. 43. To assist and encourage useful education among the farmers and for developing the agricultural resources of the State, an organization under the name and style of "Illinois Farmers' Institute" is hereby created and declared a public corporation of the State.

SEC. 44. It shall consist of three delegates from each county of the State, elected annually at the farmers' institutes for said county by the members thereof.

SEC. 45. The affairs of the "Illinois Farmers' Institute" shall be managed by a board of directors, consisting of (1) State superintendent of public instruction, (2) professor of agriculture of the University of Illinois, (3) president of the State board of agriculture, (4) president of the State Horticultural Society, (5) president of the State Dairymen's Association, and one member from each Congressional district of the State, to be selected by the delegates from the district present at the annual meeting of this organization: Provided, That the members first selected from the Congressional districts of even numbers shall serve for one year and the members first selected from the Congressional districts of odd numbers shall serve for two years, and that the members selected thereafter to fill expired terms of office shall serve for a period of two years.

SEC. 46. The board of directors of the Illinois Farmers' Institute shall have sole care and disposal of all funds that may be appropriated by the State to sustain the organization, and shall expend the same in such manner as in their judgment will best promote the interest in useful education among the farmers and develop the agricultural resources of the State. The Illinois Farmers' Institute shall make annual report to the governor of its transactions, which report shall include papers pertaining to its work and addresses made at the annual meeting of the organization, and a classified statement of all the moneys received and of all expenditures made; and 20,000 copies of said report shall be printed on or before September 1 of each fiscal year, one-half for the use of the Illinois Farmers' Institute and the remainder to the secretary of state for distribution. It shall make no appropriation without funds in hand to meet the same, and the State of Illinois shall in no event be held liable or responsible for any debt, obligation, or contract made by the Illinois Farmers' Institute or its board of directors.

SEC. 47. There shall be held annually, under the direction of the board of directors, between October 1 and March 1 following of each year, a public meeting of the delegates from county farmers' institutes and of farmers of this State, at such time and place as may be determined by the board of directors, of not less than three days' duration, which meeting shall be held for the purpose of developing the greater interest in the cultivation of crops, in the care and breeding of domestic animals, in dairy husbandry, in horticulture, in farm drainage, in improved highways, and general farm management, through and by means of liberal discussion of these kindred subjects, and any citizen may take part in these meetings, but only duly elected and accredited delegates from county farmers' institutes shall be permitted to vote in the election of the board of directors.

SEC. 48. The members of each new board of directors shall enter upon their duties the next Tuesday after their election and hold their offices for one or two years, as provided in section 3, or until their successors are elected and enter upon their duties; it shall have power to fill vacancies in the board; it shall organize by the election of a president, vice-president, secretary, treasurer, and State super

intendent of the Farmers' Institutes, and such other officers or agents as may be deemed proper for organizing and conducting the work of the organization, who shall hold their offices for one year, unless removed sooner by the board, and shall perform such duties as may be required of them by rules of the board. The secretary, treasurer, and superintendent may be other than members of the board. SEC. 49. Rooms in the capitol building shall be assigned to the officers of this organization by the proper authority, which shall then be under the control of the board of directors.

SEC. 50. The board of directors may make and enforce such rules and by-laws, not in conflict with the laws of this State, as will render its work most useful and efficient.

SEC. 51. For the purpose mentioned in the preceding sections, said board of directors may use such sum as it may deem proper and necessary, not exceeding the amount appropriated therefor by the general assembly from the general fund for that purpose: Provided, further, That the (1) State superintendent of public instruction, (2) professor of agriculture of the University of Illinois, (3) president of the State board of agriculture, (4) president of the State Horticultural Society, (5) president of the State Dairymen's Association, and the present Congressional representatives of the Illinois Farmers' Institute Association shall constitute the first board of directors of this organization, who shall have charge of the affairs of the same until their successors have been duly elected and enter upon their duties, as provided in this act.

[By an act of the general assembly passed February 21, 1861, there was incorporated an insti tution called the Illinois Agricultural College "for the purpose of instruction in practical and scientific agriculture." For the purpose of enabling the college to perform this duty, by the eighth section of the charter, the State gave to the corporation the college and seminary fands of the State, and the evidence shows that these were subsequently sold by the college for $58.000. The school was opened in 1866. "But it was in character no more than a common school. The directors provided no means for teaching scientific agriculture, and erected no workshops nor provided facilities for teaching the mechanic arts. On the contrary, the whole effort seems to have been a miserable failure. These facts, as shown by the evidence in the case, seem mest clearly to establish a waste and perversion of the fund donated by the State. That fund had been granted to the State by Congress for the purpose of maintaining a collego or seminary of the character created by this charter, and there would seem to be no doubt that the general assembly intended, when they donated it, that it should be held as a sacred trust fund for the establishment, improvement, and carrying on a college of the character they were incorporating. It manifestly was not to maintain a common school for that particular neighborhood. It was intended to be an institution for the benefit of young men throughout the entire State, and they so provided by the charter; but the trust was violated, the fund perverted or squandered, and the purpose of the general assembly defeated, and the benefits intended to be conferred by a judicious use of the trust fund were lost. The corporation, however, claim that by the amendment of their charter by act of February 12, 1867, they were released from the duty of imparting knowledge of practical agriculture and the mechanic arts. That section provides that they shall be permitted to impart instruction in all the branches taught in similar institutions in any of the States of the Union, or contemplated by the act of Congress donating land to the several States to establish agricultural colleges. We fail to perceive how this in any wise releases the college from any duty imposed by the charter. It may enlarge their powers, but surely does not diminish them. That enactment does not purport to, nor does it, release the corporation from any duty imposed. The corporation having accepted of the donation and their charter, it was with the implied agreement that they would perform, in good faith, the duties imposed by the charter. One of the duties imposed was that they would hold the lands donated, or the proceeds of their sale, for the purpose of establishing, improving, and carrying on said college and farm. This was the trust created, but it has been abused, the fund misappropriated and wasted, and the institution is shown to have become incapable of executing the trust, in the future, in accordance with the terms of the charter. This being true, and a court of equity having jurisdiction of trusts and trust property, it may, in case of waste, perversion, or mobility or indisposition of the trustee to execute the trust, seize the property or fund and place it in the hands of a trustee who will execute the trust.

In this case the land was granted by the General Government to the State, in trust for agri cultural and educational purposes--not for common-school purposes, but as a college and seminary fund for education of a higher character, and to that end it was intrusted to this corporation: and when the fund was put in the land and buildings of the colleges, it did not lose its character of trust funds. It still retained that character, although perverted to the use of a district school, using the buildings for that purpose, and renting the lands and appropriating the rents to the same purpose. **There was also, on the part of the court below in dismissing the bill, most manifest error in rendering a decree for costs, as the State is never liable to be decreed to pay costs, and the attorney-general only acted in his official character. The Attorney-General. The Illinois Agricultural College et al. (1877), 85 III.

In 153 the general assembly of Illinois passed an act, the third section of which provided that: All property described in this section, to the extent herein limited, shall be exempt from taxation. That is to say (1) all lands donated for school purposes and not sold or leased: all public schoolhouses and houses used exclusively for public worship, the books and furniture therein, and the grounds attached to such buildings necessary for the proper occupancy, use, and enjoyment of the same and not leased, or otherwise used with a view to profit; all colleges, academics; all endowments made for their support; all buildings connected with the same and nil lands connected with institutions of learning not used with a view to profit. This provision

The fourth section reads: That said act [of February 21, 1861] be so amended as to permit said college to impart instruction in all the branches taught in similar institutions in any of the States of this Union, or contemplated in the act of Congress donating lands or scrip to the several States for the establishment of agricultural colleges. Private Laws, 1887, p. 1.

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shall not extend to leasehold estates of real property held under the authority of any college or university of learning. On an appeal from a judgment for taxes of 1870 assessed against lands belonging to the board of trustees of the Illinois Industrial University, against whom the board of supervisors of Champaign County obtained a judgment in the circuit court of Champaign County, the supreme court said: "This is an appeal from a judgment for taxes of 1870 assessed against lands belonging to appellants and conveyed to them in consideration that the Industrial University should be located at Urbana in this State. It is clear that the title to these land is in appellants in trust and that the institution and its property is under the control of the State and is held in trust for the State; that as it is the property of the State it is exempt from taxa tion. *** The only question, then, presented by this record is whether this is the property of the State. If so then it is exempt from taxation. To determine that question we must tur to the act which brought this institution into existence. Congress having donated a large amount of land scrip to the State for the purpose of founding a university and the board of supervisors of Champaign County having offered to donate a college edifice and a large quantity of land f the State would locate permanently the Illinois Industrial University at Urbana, in that count. the general assembly on the 28th day of February, 1867, created a body corporate to govern the fund and the university. The trustees were to be appointed by the governor and to be confirmed by the senate.***They were required to permanently locate the institution at Urbana and to provide the requisite buildings, apparatus, and conveniences, to fix the rates of tuition, to appoint the professors, etc. *** The appropriations at each session of the legis lature might be referred to as showing that the general assembly regard and have always regarded this as a State institution. The fund was donated to the State in the first place for the establishment and maintenance of an institution of learning which this represents, and we fail to find the slightest indication of an intention on the part of the State to part with either the ownership of the property or control of the institution. It is true that the general assembly have created a body corporate as the most convenient mode of controlling the institution, its property, and affairs, but it will be observed that the State retains the power of appointing its trustees, and no doubt has power through agents other than the trustees to sell and dispose of the property of the institution, or they may at pleasure amend or even repeal the charter as public policy or the interest of the university may require. It will be observed that the persons appointed for the government of the university are created and called trustees. They derive all their powers from the State and they act for and on behalf of the State, and the power which conferred authority on them to act may withdraw or modify it at pleasure. Had the general assembly intended that the property might be sold for any purpose, some language indicating such intention no doubt would have been employed. In any view in which we have been able to consider the case we have been irresistably impelled to the conclusion that this real estate, although conveyed to the corporate body, belongs to and is under the entire control of the State when disposed to exercise the power, and, being property of the State, we have seen the constitution authorized its exemption from taxation, and the general assembly has exempted it. As an irresistible conclusion it follows that the judgment of the court below is erroneous, and it must be reversed." 76 Ill. (1875). Other decisions more or less applicable are Board of Education v. Greenbaum & Sons, 39 Ill. "The property of the normal university is not the property of the State, but is the property of the board of education of the State of Illinois, and the only remedy a creditor has against it is by judgment and execution as in a case against an individual or other corporation not of a municipal character." Also 71 Ill., Thomas v. Board of Trustees of the Illinois Industrial University et al. "The Illinois Industrial University is a State institution and not subject to the mechanics-lien law," which is the converse of Board of Education v. Greenbaum in 39 Ill. and Board of Education v. Bakewell, 122 Ill., reaffirming 39 Ill.

INDIANA.

Constitution (1851), Article VIII: SECTION 1. Knowledge and learning generally diffused throughout a community being essential to the preservation of a free government, it shall be the duty of the general assembly to encourage by all suitable means, moral, intellectual, scientific, and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge, and equally to all.

SEC. 7. All trust funds held by the State shall remain inviolate and be faithfully and exclusively applied to the purposes for which the trust was created.

[The following matter is taken from the Revised Statutes of Indiana, embracing all general laws in force October 1, 1901, by Frank A. Hauer, 2 vols., Rochester, N. Y., 1901.]

SEC. 4662. The State of Indiana accepts and claims the benefits of the provisions of the acts of Congress approved July 2, 1862, and April 14, 1864, and assents to all the conditions and provisions in said acts contained.

SEC. 4663. The governor of this State for the time being and [here are named four other persons] and their successors are created a body corporate, under the name of "The Trustees of the Indiana Agricultural College."

SEC. 4664. Said trustees shall, by the hand of their treasurer, claim and receive from the Secretary of the Interior the land scrip to which this State is entitled by the provisions of said acts of Congress; and under their direction said treasurer shall sell the same in such manner and at such times as shall be most advantageous to the State, and shall invest the proceeds thereof and any interest that may accrue thereon in the stocks of the United States or of this State yielding not less than 5 per cent per annum upon the par value of the stocks; and said principal and interest shall continue to be so invested until further provision shall be made by the general assembly of this State for fulfilling the requirements of said acts of Congress.

SEC. 4665. The donation offered by John Purdue, as set forth and communicated to the present general assembly in the message of the governor on the 16th day of

April, 1869, and the donations offered by the county of Tippecanoe, the trustees of the Battle Ground Institute, and the trustees of the Battle Ground Institute of the Methodist Episcopal Church, as set forth and communicated to the general assembly at its last session in the message of the governor of the 27th day of January, 1869, are hereby accepted by the State of Indiana.

SEC. 4666. The college contemplated and provided by the act of Congress approved July 2, 1862, is hereby located in Tippecanoe County, at such point as may be determined before the 1st day of January, 1870, by a majority vote of the trustees of the Indiana Agricultural College, and the faith of the State is hereby pledged that the location so made shall be permanent.

SEC. 4667. In consideration of the said donation by John Purdue, amounting to $150,000, and of the further donation of 100 acres of land appurtenant to the institution, and on condition that the same be made effectual, the said institution, from and after the date of its location as aforesaid, shall have the name and style of Purdue University," and the faith of the State is hereby pledged that the said name and style shall be the permanent designation of said institution without addition thereto or modifiation thereof.

SEC. 4668. From and after the date of the location made as aforesaid, the corporate name of the trustees of the Indiana Agricultural College shall be "The Trustees of Purdue University," and they shall take in charge, have, hold, possess, and manage, all and singular, the property and moneys comprehended in said donations, as also the funds derived from the sale of the land scrip donated under said acts of Congress, and the increase thereof, and all moneys or other property which may hereafter at any time be donated to and for the use of said institution. They shall also have power to organize said university in conformity with the purposes set forth in said acts of Congress, holding their meetings at such times and places as they may agree on, a majority of their number constituting a quorum. They shall provide a seal; have power to elect all professors and teachers, removable at their pleasure; fix and regulate compensations; do all acts necessary and expedient to put and keep said university in operation, and make all by-laws, rules, and regulations required or proper to conduct and manage the

same.

SEC. 4669. In further consideration of his said donation John Purdue shall, from and after the taking effect of this act, be added as a member to said trustees of the Indiana Agricultural College, and he shall also be a member of said trustees of Purdue University. Should he at any time cease to be such member he shall be continued as an advisory member of said trustees; and he shall, during his lifetime, have visitorial power for the purpose of inspecting the property, real and personal, of said university, recommending to the trustees such measures as he may deem necessary for the good of the university, and investigating the financial concerns of the corporation. And he is authorized to make report of his examination, inspection, and inquiries to the general assembly at any session thereof.

SEC. 4670. This act shall be subject to future amendment or repeal, except so far as it provides for the acceptance of donations, the location of the college, the name and style thereof, and the rights and privileges conferred upon John Purdue. SEC. 4671. On the 1st day of July, 1895, it shall be the duty of the governor of this State to appoint nine trustees for the Purdue University, two of whom shall be nominated by the State board of agriculture, one by the State board of horticulture, and six selected by the governor himself: Provided, That no more than two such trustees as may be selected by the governor himself shall be appointed from any one Congressional district: And also provided, That the first board so appointed shall include the three persons who at that time are the last nominees of the State board of agriculture and the State board of horticulture: And also provided, That the board of trustees now in office shall remain in office and perform all the duties thereof, as now required by law, until their successors are duly appointed and qualified, as provided in this act.

SEC. 4672. The persons so appointed shall constitute the board of trustees of said university, and shall hold their offices as follows: Three members of the first board shall hold their offices for two years, three for four years, and three for six years, and all until their successors are appointed; and at the expiration of the term of office of any of the members of the first or any subsequent board their successors shall be appointed in like manner, and with like nomination, and with like restrictions, as provided in this act, to hold their offices for the term of six years and until their successors are appointed.

SEC. 4673. If from any cause a vacancy occurs in said board the same shall be filled by appointment to fill the unexpired term, the person appointed to fill such