and shall be subject to the laws of this state, existent or hereafter enacted, relating to its purposes and government. Its property shall be exempt from all taxes and assessments. [C. L. § 1832*; '92, p. 8*; '96, p. 272.

2292. Highest branch of public educational system. The university shall be the highest branch of the system of public education. As far as practicable, its courses and methods shall be arranged to supplement the instruction of the subordinate branches of such system, with a view to afford a thorough education to students of both sexes in the arts, the sciences, literature, and the civil professions. ['96, pp. 272-3*.

Part of public school system, Con. art. 10, sec. 2.

2293. Board of regents. Terms. The government of the university and the management of its property and affairs shall be vested in a board of nine regents. As the terms of the present incumbents expire, their successors shall be appointed and shall hold office for a period of four years, the term of each commencing on the first day of July next after his appointment. [C. L. § 1830*; '92, p. 9*; '96, p. 273*.

Appointment of regents; filling of vacancies, ?? 2064, 2065.

2294. Id. Oaths and bonds. Every regent, before entering upon the duties of his office, shall take the official oath and execute to the university a bond, with sureties approved by the secretary of state, in the penal sum of one thousand dollars, conditioned for the faithful discharge of his duties. These oaths and bonds shall be delivered to the secretary of state. [C. L. § 1834*; '92, p. 9*; '96, p. 273.

2295. Id. Powers. Executive committee. The board shall have power to enact by-laws and regulations for all concerns of the institution, not inconsistent with the laws of the state. A quorum of the board shall consist of five members. Between meetings of the board, its full powers may be exercised as to the ordinary business of the university, by an executive committee of five members appointed by the board, a majority of whom shall constitute a quorum thereof. [C. L. § 1832*; '92, p. 11*; '96, pp. 273, 276.

Supplies to be purchased and buildings erected by contract, 22 2067-2069. Officers or employees not to be interested in contracts, etc., ? 2066.

2296. Chairman and secretary of board. The board shall choose one of its number chairman. He shall be the executive officer of the board, and shall hold office for two years and until his successor is chosen and has qualified. It shall likewise appoint a secretary, who may be a regent, and a treasurer, who shall not be a regent; and it may require from each a bond to the university for the faithful discharge of his duties. Such bonds must be approved by and delivered to the secretary of state. Bonds taken by the university, to secure the faithful discharge of official duties, shall be copied in the regents' record book, and in case of the loss or destruction of any bond, the record shall be prima facie evidence of the contents and execution of such bonds. [C. L. §§ 1831*, 1833–6*; '90, p. 19*; '92, p. 9*; '96, p. 274*.

Warrants drawn in favor of treasurer, 2070.

2297. Faculty. The board may provide for the constitution and organization of the faculty of the university, of which the president thereof shall be the chairman and executive officer. It may, in its discretion, commit to the faculty the selection and the dismissal of instructors and employees, and the determination of their compensation as well as the general management of instruction and of the examination, admission, and classification of students. [C. L. § 1832*; '92, p. 11*; '96, p. 276*.

2298. Board to appoint faculty. The board shall appoint the president and the professors of the university, shall prescribe their duties, and determine their salaries. [C. L. § 1832*; '92, p. 11*; '96, p. 276*.

2299. President's ex officio duties. The president of the university

Armended chap 82

1899

shall be ex officio a member of the board of regents, with all the rights, privileges, and obligations of every other member thereof; and, furthermore, he shall be ex officio a member of the state board of education. [C. L. § 1831*; '96, pp. 273*, 467*.

State board of education, 22 1763-1773.

2300. Contracts with instructors, etc. All contracts hereafter made with professors, instructors, or employees, whether for a definite or indefinite time, shall be subject to termination at the will of the board, or of its executive committee, if the board be not in session, when the interests of the university so require. [C. L. § 1832*; '92, p. 11*; '96, pp. 276–7.

2301. May take gifts and devises. The board in its corporate capacity may take by grant, gift, devise, or bequest, any property, real or personal, for the use of any department of the university, or of any professorship, chair, or scholarship therein, or for the library, an observatory, workshops, gymnasiums, experimental apparatus, a students' loan fund, or any other purpose appropriate to the objects of the university. Such property shall be received, held, invested, and managed, and the proceeds thereof used by the board, for the purposes, and under the conditions prescribed in the grant or donation. If by the terms of any such grant, gift, devise, or bequest, conditions be imposed which are impracticable under the laws of the state, such grant or donation shall not thereby fail. the conditions thereof must be rejected and the intent of the grantor or donor carried out as nearly as may be. No grant, gift, devise, nor bequest for the benefit of the university shall be defeated or prejudiced by any misnomer, misdescription, or informality whatever; provided, that the intention of the grantor or donor can be shown or ascertained with reasonable certainty. [C. L. § 1832*; '96, p. 277.

But

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2302. Regents not to receive compensation. Expenses. regent shall receive any compensation for his services as regent; but he may be. allowed his actual expenses incurred in attending meetings of the board or its committees, or in attending to any business of the university under authority of the board or its committees. ['92, p. 9*; '96, p. 273.

2303. Fiscal year. The fiscal year of the university shall commence on the first day of July and end on the thirtieth day of June in each year, and biennial appropriations made for its maintenance, unless otherwise specified, shall be deemed to be for the two years commencing on the first day of July next after the appropriation is made. ['96, p. 276.

2304. Degrees. The university may confer degrees upon students who have satisfactorily completed any of its prescribed courses of study. It may also confer special, honorary, or emeritus degrees upon former members of its faculty, for long or eminent service in the university, but otherwise no such degrees shall be conferred. [C. L. § 1832*; '92, p. 11; '96, p. 277.

2305. Normal scholarships. The normal school shall be continued as a department of the university, for students of both sexes, and its course of instruction, that shall include practice in teaching and in pedagogy, may extend through a period of four years, or until graduation. One hundred free scholarships may be maintained in the normal school. The holders of them shall be exempt from the payment of all matriculation fees. Fifty appointments to these scholarships, each for the term of two years, may be made annually. [C. L. § 1845*; '92, p. 10*; '96, p. 274.

2306. Id. Appointments to. Appointments to normal scholarships shall be made by the state superintendent of public instruction, on nomination by the county boards of examiners, or city boards of education, when such cities are not under the supervision of the county superintendent of schools. It shall be the duty of the superintendent of public instruction on or before the last day of May of each year, to apportion to the counties and cities, on the basis of school popu

lation, the number of normal scholarships to which they may be respectively entitled. Appointments to vacancies in normal scholarships existing at or after the opening of the academic year of the university, may be made by the president of the university. Students who have been appointed to normal scholarships may be examined before admission to the school by, or under the direction of, the university faculty, and such students may be rejected, if found to be unqualified. [C. L. § 1845; '92, p. 10%; '96, pp. 274-5.

2307. Id. Normal certificates and diplomas. Holders of normal scholarships shall be required to declare their intentions to complete the prescribed course of normal instruction, and after graduation to teach in the public schools of this state. In the event of such students discontinuing their studies at the unįversity before graduation, they shall be required to pay to the university the amount of matriculation fees required of other students, for a corresponding term of attendance; provided, that the president of the university may grant leave of absence not exceeding one year at any one time to a holder of a normal scholarship, and may appoint to the vacancy during the absence on leave of the regular holder. The president of the university may at any time cancel, for neglect or incompetency, the normal scholarship of any student, and he may require, upon such cancellation, the payment to the university of all fees unexacted by reason of the scholarship. Graduates in the normal course shall receive a normal certificate which, for the term of five years thereafter, shall entitle them, without examination as to scholarship, to teach in the common schools in the grade or grades mentioned in the certificate. The university may provide for bestowing a degree, with an accompanying normal diploma, upon graduates in the normal course, who have satisfactorily taken a course of prescribed studies leading to a degree; and the holder of such degree and the accompanying normal diploma shall be entitled thereafter to teach in the common and high schools without examination as to scholarship. [C. L. § 1845*; '92, p. 10%; '96, p. 275*. Rank and effect of normal certificate, ? 1767.

2308. Preparatory course. A course of studies preparatory to the regular university courses may be maintained for such length of time as the board. shall think necessary. ['92, p. 10*; '96, p. 275*.

2309. Free to residents. Entrance fee. Religious or political tests. Instruction in the preparatory, normal, and regular university courses, shall be free to actual residents of Utah, but an entrance fee not to exceed ten dollars for residents and not to exceed fifty dollars for non-residents of Utah, may be required annually. The board of regents may fix a reasonable charge for instruction in special studies, not embraced in the regular courses, and for postgraduate instruction. No partisan political nor sectarian religious doctrine, shall be taught or inculcated in the university, and no political nor religious tout shall be required as a qualification of any student, professor, instructor, officer, or employee of the university. ['92, pp. 10-11*; '96, p. 276.

Political or partisan tests forbidden, Con. art. 10, sec. 12. To be free from sectarian control, Con, art, 3. sec. 4; art. 10, sec. 1.

2310. Founding and naming professorship. Any person or persons who may give or bequeath to the university a sum not less than forty thousand dollars. for the purpose of founding a professorship in any department thereof, shall have the privilege of giving name to such professorship. A similar gift or bequest of not less than twenty-five thousand dollars for the purpose of founding an adjunct professorship, shall entitle the giver to the like privilege. ['96, p.

277.

2311. Nominating first incumbent. Any person or persons who may give or bequeath to the university a sum not less than fifty thousand dollars, for the purpose of founding a professorship in any of its departments, shall have the privilege of giving name to such professorship, and of nominating its first incumbent. A similar gift or bequest of not less than thirty-five thousand dollars, for

tenet

522 STATE INSTITUTIONS—BRANCH STATE NORMAL SCHOOL.

the purpose of founding an adjunct professorship, shall entitle the giver to the like privileges. ['96, pp. 277-8.

2312. Id. Nominating incumbent in perpetuity. Any person or persons who may give or bequeath to the university a sum not less than sixty thousand dollars, for the purpose of founding a professorship in any of the departments, shall have the privilege of giving name to such professorship and of designating the manner in which the incumbents thereof, in succession forever, shall be nominated; provided, that the board of regents of the university shall have the privilege of rejecting any nomination or of removing any incumbent for cause. A similar gift or bequest of not less than forty-five thousand dollars, for the purpose of founding an adjunct professorship, shall entitle the giver to the like privileges. ['96, p. 278.

2313. Founding fellowship or lectureship. Any person or persons who may give or bequeath to the university a sum not less than ten thousand dollars, to found a fellowship or lectureship in any of its departments, shall have the privilege of naming such fellowship or lectureship, and of nominating its first incumbent. ['96, p. 278.

2314. Id. Nominating incumbents in perpetuity. Any person or persons who may give or bequeath a sum not less than fifteen thousand dollars. to found a fellowship or lectureship in any department of the university, shall have the privilege of naming such fellowship or lectureship, and of designating the manner in which the incumbents thereof, in succession forever, shall be nominated; provided, that in case of a lectureship, the board of regents of the university, shall have the privilege of rejecting any nomination, or of removing any incumbent for cause. ['96, p. 278.

2315. Scholarships. University scholarships in the different departments, shall be of three different classes, first, second, and third, according as the endowment is three thousand, two thousand, or one thousand dollars, and any person or persons founding a scholarship of any class, or in any department. shall have the privilege of naming such scholarship, and of nominating its first incumbent. ['96, p. 278.

BRANCH OF STATE NORMAL SCHOOL.

Act of March 11, 1897.

2316. Branch normal school established. A branch of the state normal school is hereby established in the southern part of this state, the same to be located as hereinafter provided. ['97, p. 41.

2317. Commission to locate same. A commission of three persons is hereby created consisting of the superintendent of public instruction, the president of the University of Utah, and one other to be appointed by the governor by and with the consent of the senate; and whose duty it shall be, within four months after the passage of this act, to visit the counties of Beaver and Iron, and determine upon a site within said counties for the location of said school. Said commission shall serve without compensation but their expenses shall be paid, when audited and approved by the state board of examiners. ['97, p. 41.

2318. Id. Site determined to be certified to the secretary of state. The said commission, or a majority thereof, shall have full power to determine the site for said school, and, when so determined, shall certify the same to the secretary of state. The governor shall fill any vacancy that may occur in said commission. ['97, p. 41.

2319. Condition upon which said school may be located. As a condition to the location of said school the city or county in which said commission shall decide to locate the same, shall vest in the state a good and sufficient title to suitable grounds and buildings, for the accommodation of said school, or guaranty the same within such reasonable time as said commission shall desig

Upon

nate, but said school shall not be commenced until such title is so vested. the acceptance by the secretary of state of the title to said grounds and building, the state shall maintain at such place a branch of the state normal school to be under the control and management of the board of regents of the University of Utah. ['97, pp. 41-2.

2320. Title to property reverts upon failure to maintain school. Whenever the state shall fail to maintain said school for a period of two years, the title to the building and grounds as contemplated in section twenty-three hundred and nineteen, shall revert to the donors. ['97, p. 42.

TITLE 62.

STATE LANDS.

CHAPTER 1.

STATE BOARD OF LAND COMMISSIONERS.

2321. State board of land commissioners. Appointment. Terms. A state board of land commissioners is hereby created which shall consist

governor, the secretary of state, and five resident citizens of the state, who the

shall Not more Each

be appointed by the governor, by and with the consent of the senate. than four members of the board shall belong to one political party. appointed commissioner shall hold his office for two years and until his successor is appointed and qualified. ['96, p. 238*; '97, p. 61.

2322. Oath and bond of commissioners. Race appointed commissioner shall, before entering upon his duties, take the oath of office prescribed by the state constitution, and give a bond to the state, with sureties to be approved by the governor, in the sum of ten thousand dollars for the faithful performance of his duties, which bond shall be deposited in the office of the secretary of state. ['96, p. 238*; '97, p. 61.

2323. Salary and expenses missioners.

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Each of the said

appointed commissioners shall receive for his services an annual salary of twelve hundred dollars, payable quarterly, and actual and necessary traveling expenses, while in the performance of his duties. ['96, p. 238*; '97, p. 61.

2324. Organization of board. Secretary. The governor shall be the president of the board, and it shall select one of its own members to act as secretary thereof, who shall receive no additional compensation for his services as such. ['96, p. 238; '97, p. 61.

2325. Board to control state lands. The board of land commissioners shall have the direction, management, and control of all lands heretofore or which may hereafter be granted to this state by the government, or otherwise, for any purpose, whatever, except lands used or set apart for public purposes or occupied by public buildings, and shall have the power to sell or lease the same for the best interests of the state and in accordance with the provisions of this chapter and the constitution of the state. ['96, pp. 238-9; '97, pp. 61-2.

Land grants and the disposition to be made of them, Enabling Act, secs. 6-12. Provisions concerning land grants and funds, Con. art. 10, secs. 5, 7, 10; art. 19, sec. 3; art. 20, sec. 1. Board to control desert lands, 2373. Powers concerning reservoir land grant fund, ? 2390.

Sections 16 and 36 are not reserved from sale under the general land laws of the United States until official survey. Ferry v. Street, 4 U. 521; 7 P. 712; 11 P. 571. The territorial legislature had no power to pass a law authorizing the county court to lease sections of land reserved by the United