Page images
PDF
EPUB

expenses of such institution, the Territorial auditor, on the request in writing of any such boards, shall, and it is hereby made his duty to, draw his warrant in favor of the treasurer against the specific fund belonging to said institution in such sum, not exceeding the amount on hand in such specific fund at such time, as said board may deem necessary: Provided, That any such board shall only draw said money as it may be necessary to disburse the same.

SEC. 3637. All of the managing boards of the several institutions provided for in this act shall annually, on or before the 1st day of December, make a full and true report in detail, under oath, of all their acts and doings during the previous year, their receipts and expenditures, the exact status of their institution, and any other information that they may deem proper and useful or which may be called for by the governor, which said reports shall be made to the governor, and he shall transmit the same to the succeeding session of the legislature.

SEC. 3639. The governor of the Territory and the Territorial superintendent of public instruction or education, if there be one, shall ex officio be advisory members of all boards of the several institutions provided for in this act, but shall not have the right to vote or be eligible to office therein.

SEC. 3640. The several boards provided for in this act shall have power in their discretion to employ skilled architects and superintendent to prepare plans and supervise the construction of any of the buildings provided for in this act, and to fix his compensation subject to the provisions and restrictions of this act.

SEC. 3641. The regular meetings of all boards provided for in this act shall be held quarterly: Provided, That they may hold as many special sessions as they shall deem necessary.

SEC. 3642. The several boards provided for in this act shall have power in their discretion to provide that their several secretaries and treasurers shall receive a salary not to exceed $50 a month: Provided, The secretary and treasurer of the board of regents of the agricultural college shall receive a salary of $100 per month. SEC. 3643. At least one member of the several boards provided for in this act shall be a resident of the town or city at or near which the institution is located. SEC. 3644. The records of the several boards provided for in this act shall be open at all reasonable times for the inspection of any citizen.

SEC. 3645. No employee or member of any of the boards created by this act shall be interested pecuniarily, either directly or indirectly, in any contract for building or improving any of said institutions or for the furnishing of supplies to any of such institutions.

SEC. 3646. Each and every member of the several boards created by this act shall, before entering upon their respective duties, take and subscribe an oath to faithfully and honestly discharge their duties in the premises and strictly and impartially perform the same to the best of their several abilities. Said oath shall be filed with the secretary of the Territory.

SEC. 3647. All of the institutions established by this act shall be entitled to receive all the benefits and donations made and given to similar institutions of learning and charity in other States and Territories of the United States by the legislation of the Congress of the United States, or from private individuals or corporations, and for the benefit of said institutions they shall have power to buy and sell or lease or mortgage realty, and do all things that, in the opinion of the several boards, will be for the best interests of said institutions and are in the line of its object.

SEC. 3648. All the institutions provided for in this act shall forever remain strictly nonsectarian in character, and no creed or system of religion shall be taught in any of them.

*

*

*

SEC. 3659. Diplomas issued to graduates of the Territorial Agricultural College at Las Cruces shall be, and the same are hereby, considered as firstclass teachers' certificates in any of the counties in the Territory of New Mexico. SEC. 3690. An issue of the bonds of the Territory of New Mexico is hereby authorized and directed to be made in the sum of $35,000, to be known as Territorial institution bonds * and shall be made payable in thirty years

from July 1, 1895.

*

SEC. 3691. The auditor of public accounts is hereby directed to levy a tax sufficient to pay the interest on said bonds and to give notice of such assessment to the several officers who are charged with the duty of assessment of taxes in the several counties of the Territory, who shall assess the same in the same manner that other taxes are required to be assessed for Territorial purposes; and for the final redemption of the principal of said bonds there shall, in the same manner, be annually levied, after the expiration of ten years from the date of the issue of said bonds, an annual tax sufficient to provide for the payment of such bonds by or before the maturity thereof.

* *

*

$15,000 to the

SEC. 3692. Said bonds, when so issued, shall be delivered board of regents of the New Mexico College of Agriculture and Mechanic Arts at Las Cruces, and negotiated by the board of regents of each of said Territorial institutions to the best advantage possible, and the proceeds thereof shall be used by the board of regents of each of said Territorial institutions, from the amount of said bonds so delivered to them, in the erection, completion, and furnishing of suitable buildings and other improvements that may be made under the direction of said board of regents, for the benefit of their respective institutions, and for the providing for the needed and necessary furniture and furnishings of their respective institutions in such manner as to the board of regents may seem best: Provided, however, Said bonds shall not be sold under par, but the necessary expense of their negotiation may be deducted or paid from the amount realized from the sale of said bonds or any of them.

* * *

SEC. 3693. Hereafter, whenever it shall be deemed necessary by the board of regents of the Agricultural College and Agricultural Station of New Mexico * * * to acquire title to any lands for the use of any such institution, and the owner or owners of such lands are unable or unwilling to accept a fair and reasonable price for such lands, then, and in that event, each of the said several boards may acquire, in the name of the Territory of New Mexico, title to so much of said land or lands as shall be deemed necessary by any such board for the use of any such institution, in the same manner as now provided by law for the condemnation of land for railroad purposes, and such land so taken shall be deemed to be taken for public use.

SEC. 3693a. That it shall be unlawful for any officer of any Territorial institution of this Territory to incur or contract any indebtedness for or on behalf of the Territory in excess of the sum appropriated by the general assembly for the use or support of such institution for the fiscal year. Nor shall any officer of any Territorial institution draw any money from the Territorial treasury unless the same shall be absolutely needed and required by such institution at the time, and then only upon the warrant of the Territorial auditor. Any person offending against the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $500 and dismissal, in the discretion of the court. The term "officer," as used in this act, shall be taken to include members of the various boards created by the law to govern or superviso the respective institutions.

Acts, 1897, Chapter LXXII: SEC. 5. [For] The New Mexico College of Agriculture and Mechanic Arts [and other named Territorial institutions for support and maintenance] an annual tax levy to the amount of two and five one-hundredths of 1 mill on the dollar, in addition to that provided for other purposes, shall be made and collected, and the product of such levy shall be distributed as follows: To the New Mexico College of Agriculture and Mechanic Arts, twenty one-hundreths of 1 mill * **: Provided, That the funds herein provided for the College of Agriculture and Mechanic Arts shall only be used for building, repairs, the teaching of Spanish and other branches not paid for out of United States funds, and other such expenses: Provided, further, That no president or member of the faculty of any Territorial institution shall be removed during the term for which he is elected or appointed except for cause and after trial by the board of regents of his institution, and that no secretary or treasurer of any such institution, except those supported in whole or in part by United States appropriation, shall receive any compensation as such secretary and treasurer, or either.

* * *

Acts, 1899, Chapter LXXIV: SEC. 7. The Commissioner of Public Lands shall keep separate accounts of all moneys received from lands reserved for an agricultural college.

Ibid., 1899, Chapter LXXXI: SECTION 1. For the New Mexico College of Agriculture and Mechanic arts twenty-one one-hundredths of 1 mill for "each and every year hereafter."

Ibid., 1901, Chapter LXXXIX: SECTION 1. After the passage of this act an issue of the bonds of the Territory of New Mexico is hereby authorized and directed to be made in the sum of $25,000, to be known as the New Mexico Agricultural College bonds. Such bonds shall be issued in the denomination of $1,000 each, bearing interest at the rate of 5 per cent per annum, interest payable semiannually on the 10th days of January and July, principal and interest payable at the Western National Bank, in the city of New York, State of New York. And said bonds shall be signed by the governor and treasurer of the Territory and countersigned by the auditor of public accounts, and shall be made payable in thirty years from the date of their issue, but may be redeemed at the pleasure of the Territory at any time after twenty years from their date.

SEC. 2. And there is hereby pledged for the payment of said bonds and interest

the revenues arising from the leasing and the income derived from the safely invested proceeds of sales of 75,000 acres of the 100,000 acres of land granted to the Territory of New Mexico by the United States for the use and benefit of the New Mexico College of Agriculture and Mechanic Arts, in accordance with the provisions of the act of Congress entitled "An act to make certain grants of land to the Territory of New Mexico and for other purposes," approved June 21, 1898, and the act of the legislative assembly of the Territory of New Mexico entitled "An act establishing a board of public lands, assigning their duties, and for leasing and managing public lands and funds," approved March 16, 1899. And all of such proceeds, or so much thereof as may be necessary, together with any interest accruing therefrom, shall be paid to the treasurer of the Territory of New Mexico and be by him separately kept as a fund for the payment of the interest and principal of the bonds herein provided to be issued: Provided, however, Should the proceeds as aforesaid be not sufficient in any year to pay the interest which shall become due as provided herein, the auditor of public accounts of the Territory of New Mexico is hereby directed to levy a tax, at the time that other taxes are levied, sufficient to pay the interest on said bonds, and to give notice of such assessment or levy of taxes to the several officers who are charged with the duty of the assessment of taxes in the several counties of the Territory, who shall assess the same in the manner that other taxes are required to be assessed for Territorial purposes: And further provided, In event sufficient funds have not been realized from the proceeds of sales and rentals as aforesaid, principal and interest, on the 1st day of January, 1929, then such portion of said lands authorized by law to be sold, remaining unsold at that time, as may be necessary, shall be at once put upon the market and sold by the board of public lands under such regulations and laws as may then be in force, and the proceeds realized from such sale shall likewise go to pay any part of said bonds and interest then unpaid when due and to reimburse the Territory for all interest paid by it and remaining unpaid in accordance with the provisions of this act.

SEC. 3. Said bonds shall be issued and negotiated under the direction of the treasurer of the Territory of New Mexico: Provided, however, Said bonds shall not be sold under their face value. The proceeds of the sale of said bonds shall be safely kept by the treasurer of the Territory of New Mexico, under bond, and may be expended by the board of regents of said institution for the following purposes: The erection of a dormitory for boys and young men attending such institution; the erection of a gymnasium and library building, and furniture, fixtures, and equipment for said buildings; for the purchase or development of ample and sufficient water supply for domestic and irrigation purposes of said institution and the farm connected therewith; for repairs to and insurance upon, and fuel, water, and lights for, all college buildings; for salaries of janitors and librarian, and for such necessary printing as can not be paid for out of United States appropriations.

Ibid., Chapter XC: [Appropriates twenty one-hundredths of 1 mill on the dollar tax to the New Mexico College of Agriculture and Mechanic Arts.]

Ibid., Chapter XCVIII: SECTION 1. The boards of managers of the different Territorial institutions, under whatsoever name they may be legally designated, are hereby directed and required to keep in suitable books of record a strict account of all moneys received by them from the Territory, and also itemized accounts of the disbursement of the same. They shall require all bills against such institutions to be made out in duplicate, and all salaries or other expenditures, except for bills and current expenses, shall be receipted for in duplicate, one of such bills or receipts to be kept by the said board of managers with the other papers and property of the institution and the other to accompany all requisitions upon the auditor of the Territory for warrants, and no warrant shall be drawn by the auditor for any amount in favor of any such institution unless the requisition therefor is accompanied with such itemized receipts for the money expended after the last requisition.

SEC. 3. It is hereby made the duty of the several boards of managers of Territorial, charitable, or other institutions which receive any money from the Territorial treasury at the end of each fiscal year to make out an itemized and detailed statement of all receipts and disbursements of such institution up to and including the last day of said fiscal year, which shall be sworn to as correct by the secretary, treasurer, or other accounting officer of such institution who draws and receives the Territorial funds, and shall be transmitted to the governor of the Territory within the first thirty days of the new fiscal year; and any failure on the part of any person or officer to perform the duties herein specified shall subject such person to removal from his position, and in case he is a bonded officer it shall be considered as a breach of his bond and be a misdemeanor in office, for which he may

be fined in any sum not exceeding $500 nor less than $100, which shall be recovered from him and the sureties on his bond as a penalty.

SEC. 4. The governing boards of the several educational institutions of this Territory shall, at the same time when the annual financial statement required by section 3 of this act is to be made, also make and transmit to the governor a list of the pupils enrolled in such institution on the last day of the preceding fiscal year, stating the name, age, residence, and grade of each pupil.

NEW YORK.

[The following matter is taken from the Revised Statutes, Codes, and General Laws of the State of New York, certified by the Secretary of State, under sec. 932 of the Code of Civil Procedure, as amended by Laws of 1895, chap. 594, 3d ed., by Clarence F. Birdseye, New York, 1901.]

Cornell University: SECTION 1. The treasurer of the State is hereby designated as the officer designated by the laws of the State in pursuance of an act of the Congress of the United States approved August 30, 1890, and the assent of this State is hereby given to the purpose of said grants and to all the terms and conditions thereof, as specified in such act of Congress.

SEC. 2. The treasurer of this State shall keep the accounts of all moneys hereafter received by him in pursuance of such act of Congress in a separate fund to the credit of the Cornell University, and shall pay all such moneys immediately upon the receipt thereof by him to the treasurer of the Cornell University upon the warrant of the comptroller, issued upon the order of the trustees of the Cornell University, in pursuance of said act of Congress.

SEC. 3. The sum of $15,000 heretofore paid to the treasurer of this State in pursuance of such act of Congress is hereby appropriated, to be paid by the treasurer of the State to the treasurer of the Cornell University out of the fund to which the same may be credited, upon the warrant of the comptroller, issued upon the order of the trustees of the Cornell University in obedience to the requirements of said act of Congress.

SEC. 4. The balance of the income of the college land-scrip fund received by the State prior to October 1, 1889, and not heretofore paid over to the Cornell University and reported by the comptroller of this State in his communication to the Senate dated March 31, 1890, to be payable to the Cornell University in accordance with the decision of the court of appeals in the action entitled "The People ex rel. Cornell University, appellant, against Ira Davenport, comptroller, respondent," decided by the court of appeals January 14, 1890, and amounting to the sum of $89,383.66, is hereby appropriated, to be paid by the treasurer of the State, out of any moneys in the treasury not otherwise appropriated, to the treasurer of the Cornell University upon the warrant of the comptroller, issued upon the order of the trustees of the Cornell University, reciting that the same shall be in full of all claims or demands of the Cornell University against the State for or on account of the income of the college land-scrip fund received by the State prior to October 1, 1889, except for the sum of $3,096.25, the balance of such income in the treasury of the State upon October 1, 1889.

SEC. 5. There is hereby established a State veterinary college at Cornell University. For the purpose of constructing and equipping suitable buildings for such college upon the grounds of said university at Ithaca, N. Y., the sum of $50,000, or so much thereof as may be necessary, is hereby appropriated, to be paid by the treasurer, upon the warrant of the comptroller, upon vouchers approved by the commissioner of agriculture, to the Cornell University. No part of such money shall be expended until plans and specifications for the construction and equipment of such buildings and of the location thereof shall have been approved by the commissioner of agriculture nor until the comptroller shall have certified that in his judgment the expense of the completion and equipment of such buildings in accordance with such plans and specifications will not exceed the amount of such appropriation. Such buildings and equipment shall be the property of the State. [By a law of 1895, chap. 598, $100,000 was appropriated on the same conditions.]

SEC. 6. The State veterinary college, established by law, shall be known as the New York State Veterinary College. The object of said veterinary college shall be to conduct investigations as to the nature, prevention, and cure of all diseases of animals, including such as are communicable to man and such as cause epizootics among live stock; to investigate the economical questions which will contribute to the more profitable breeding, rearing, and utilization of animals; to

produce reliable standard preparations of toxins. antitoxins, and other products to be used in the diagnosis, prevention, and cure of diseases and in the conducting of sanitary work by approved modern methods; and to give instruction in the normal structure and function of the animal body, in the pathology, prevention, and treatment of animal diseases, and in all matters pertaining to sanitary science as applied to live stock and correlatively to the human family. All buildings, furniture, apparatus, and other property heretofore or hereafter erected or furnished by the State for such veterinary college shall be and remain the property of the State. The Cornell University shall have the custody and control of said property, and shall, with whatever State moneys may be received for the purpose, administer the said veterinary college, with authority to appoint investigators, teachers, and other officers, to lay out lines of investigation, to prescribe the requirements for admission and the course of study, and with such other power and authority as may be necessary and proper for the due administration of such veterinary college. Said university shall receive no income, profit, or compensation therefor, but all moneys received from State appropriations for the sid veterinary college or derived from other sources in the course of the administration shall be kept by said university in a separate fund from the moneys of the university, and shall be used exclusively for said New York State Veterinary College. Such moneys as may be appropriated to be paid to the Cornell University by the State in any year, to be expended by said university in the administration of said veterinary college, shall be payable to the treasurer of Cornell University in three equal payments, to be made on the 1st day of October, the 1st day of January, and the 1st day of April in such year, and within thirty days after the expiration of the period for which such installment is received the said university shall furnish the comptroller of the State of New York satisfactory vouchers for the expenditure of such installment. The said university shall expend such moneys and use such property of the State in administering said veterinary college, and shall report to the governor during the month of January in each year a detailed statement of such expenditures and of the general operations of the said veterinary college. No tuition fee shall be required of a student pursuing the regular veterinary course who, for a year or more immediately preceding his admission to said veterinary college, shall have been a resident of this State. The tuition fees charged to other students and all other fees and charges in said veterinary college shall be fixed by Cornell University, and the moneys so received shall be expended for the current expenses of the said veterinary college.

SEC. 7. Upon the acceptance by Cornell University of the provisions of this act, which acceptance in writing duly executed and acknowledged in the manner provided by law for the execution of written instruments by corporations shall be filed in the office of the secretary of state within ten days after the approval of this act, the trustees of Cornell University are authorized and empowered to create and establish a department in said university to be known as and called the New York State College of Forestry, for the purpose of education and instruction in the principles and practices of scientific forestry.

SEC. 8. For the purposes of such school and for carrying out the objects of this act the board of trustees of said university are hereby authorized and empowered, by and with the consent and approval and under the direction of the forest preserve board of this State, to contract for the purchase of and to purchase and to acquire by purchase title to not more than 30,000 acres of land in the Adirondack forests. The university shall have the title, possession, management, and control of such land, and by its board of trustees through the aforesaid college of forestry shall conduct upon said land such experiments in forestry as it may deem most advantageous to the interests of the State and the advancement of the science of forestry, and may plant, raise, cut, and sell timber at such times, of such species and quantities, and in such manner as it may deem best, with a view to obtaining and imparting knowledge concerning the scientific management and use of forests, their regulation and administration, the production, harvesting, and reproduction of wood crops, and earning a revenue therefrom, and to that end may constitute and appoint a faculty of such school, consisting of one director or professor and two instructors, and may employ such forest manager, rangers, and superintendents and incur such other expenses in connection therewith as may be necessary for the proper management and conduct of said college and the care of said lands and for the purposes of this act within the amount hereinafter appropriated. SEC. 9. The superintendent of the State land survey or the State engineer and surveyor shall make such surveys and furnish such maps as may be required by said trustees and authorized and directed by the forest preserve board of lands purchased or proposed to be purchased for the purposes of this act.

SEC. 10. Every deed or conveyance of lands acquired under the provisions of

« PreviousContinue »