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Ibid., 1899, chapter 370: SECTION 1. Chapter 308 of the public laws of 1885, chapter 410 of the public laws of 1887, chapter 106 of the public laws of 1889, chapter 348 of the public laws of 1891, chapter 85 of the public laws of 1897, and chapter 328 of the public laws of 1897, and all laws repealed and amended thereby, are hereby repealed and amended in so far as they relate to and affect the agricultural and mechanical college so as to read as follows: The North Carolina College of “Agriculture and Mechanic Arts" shall be known and designated by the name of the North Carolina College of Agriculture and Mechanic Arts," and shall be a body politic and corporate, with right to hold personal property and real estate for the benefit of said college.

SEC. 2. The leading objects of this college shall be to teach the branches of learning relating to agricultural and mechanical arts and such other scientific and classical studies as the board of trustees may elect to have taught, and to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life.

SEC. 3. [Repealed by chapter 650, laws of 1901, q. v.] The management and control of the said college and the care and preservation of its property shall be vested in a board of trustees consisting of 21 persons, and in addition thereto the president of said college shall be an ex officio member of said board. The said board of 21 shall be elected as follows: One from each Congressional district in the State, each of whom shall be a skilled and practical agriculturist, and 12 from the State at large, who shall be persons interested in agricultural, mechanical, and industrial education. The trustees elected at this session of the general assembly shall hold office for two years, and there shall be elected at the next session of the general assembly 7 trustees who shall hold office for two years, 7 trustees who shall hold office for four years, and 7 trustees who shall hold office for six years, and that at the present general assembly there shall be elected such a number of trustees as with the present members thereof shall make said board composed of 21 persons.

SEC. 4. It shall be the duty of the board of trustees to appoint the president and instructors of the said college and all other such officers and servants as to them may seem necessary. They shall have charge of the disbursement of its funds and shall have full supervision and control, and shall be charged with the maintenance of the college. The State treasurer shall be ex officio treasurer of said board of trustees. The president and instructors, under the direction and supervision of the trustees, shall have power to confer such certificates of proficiency or marks of merit as may be deemed proper.

SEC. 5. The board of trustees shall own and hold the certificates of indebtedness amounting to $125,000 issued for the principal of the land-scrip fund, and the interest thereon shall be paid to them by the State treasurer semiannually on the 1st day of July and January in each year for the purpose of aiding in the support of said college in accordance with the act of Congress approved July 2, 1862, entitled “An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts.`

SEC. 6. The agricultural experiment and control station shall be connected with the said college and controlled by the board of trustees thereof. The said board of trustees shall have power to accept and receive on the part of the State property, personal, real, or mixed, and any donations from the United States Congress to the several States and Territories for the benefit of agricultural experiment stations or the agricultural and mechanical colleges in connection therewith, and they shall expend the amount so received in accordance with the acts of Congress in relation thereto.

SEC. 7. The board of trustees shall admit to the benefits of the said college free of any charge for tuition, upon proper evidence of good moral character and of their inability and the inability of their parents or guardians to pay their tuitions and of their capacity to receive instruction, a certain number of youths, to be determined by them, not to be less than 120, and shall apportion the same to the different counties applying according to their relative number of members in the house of representatives of North Carolina, and it shall be the duty of the superintendent of instruction in each county on the days fixed by law for the examination of teachers of the public schools also to examine candidates for county students to the said college, blanks for such purpose to be furnished annually by the president of the college to the superintendents in each county.

SEC. 8. The appropriations made or which may hereafter be made by Congress for the benefit of colleges of agricultural and mechanical arts shall be divided

ED 1903-10

between the white and colored institutions in this State in the ratio of the white population to the colored.

SEC. 9. Any person who shall sell spirituous or intoxicating liquors within threefourths of a mile of any of the buildings of said college shall be guilty of a misde

meanor.

SEC. 10. The board of trustees shall meet in the city of Raleigh on the second Monday in March, 1899, and elect of their number a president and an executive committee of three, one of whom shall be the president of the board of trustees, and it shall be the duty of the executive committee to meet at the call of the president and perform such duties as may be assigned to them by the board of trustees. The board of trustees shall thereafter meet annually at such time as they may agree upon. The members of the board shall receive their mileage and hotel fare while attending upon the meetings of the board, but no members of the board of trustees except the executive committee shall be allowed their expenses for more than five meetings in any one year. (Ratified March 3, 1899.)

Ibid., 1899, chapter 389: SECTION 1. Section 4, chapter 549, public laws of 1891, is amended as follows: There shall be elected by this general assembly 6 additional trustees [of the Agricultural and Mechanical College for the Colored Race] in addition to those provided for in the said chapter, two of whom shall be elected for a term of two years, two for four years, and two for six years.

SEC. 2. Section 13 of said chapter 549 is amended to read as follows: The number and times of the meeting of the board shall be fixed by the board, and the trustees shall not receive any pay or per diem, but only their traveling expenses and hotel fare, and that only for four times in each year.

SEC. 3. The board of trustees shall have power to elect an executive board of three of their own number, who shall have the immediate management of the said institution when the full board is not in session. (Ratified March 4, 1899.) Ibid., 1899, chapter 591: SECTION 1. The trustees [of the Agricultural and Mechanical College for the Colored Race] provided for in chapter 549 of the public laws of 1891, together with those elected under chapter 389 of the public laws of 1899, shall meet in the college in Greensboro on Wednesday, March 22, 1899, and elect a chairman and executive committee of said board and discharge such other duties as they may see proper and which pertain to their office. (Ratified March 7, 1899.)

Ibid., 1899, chapter 704: [SECTION 1.] A. Q. Holliday. W. O. Riddick, and J. R. Rogers are hereby appointed and constituted a commission and are hereby authorized, directed, and empowered to have constructed a sewer from the college of agriculture and mechanic arts to and connecting with the sewer system of the city of Raleigh. The said commission is hereby given full power to lay off and have constructed the said sewer in such manner as they may deem proper, and it is empowered to contract with adjacent residents and allow them to connect with the sewer upon payment of a proper sum for said privilege.

SEC. 2. The expense of building said sewer shall be defrayed by the college of agriculture and mechanic arts if it has money available for that purpose, and if there be no funds so available the State treasurer is hereby empowered to advance the sum of $2,500 out of any money in the treasury not otherwise appropriated, and the money so advanced shall be considered a loan to the said college and a charge on its revenues, and shall be retained by the treasurer out of the amount appropriated for the year 1900.

SEC. 3. The treasurer of the State will pay over said money upon the warrant of the auditor, upon proof that the said sewer has been let out to a responsible bidder, to be completed at a cost to the college of not exceeding the sum advanced by the State. (Ratified March 8, 1899.)

Ibid., 1901, chapter 424: SECTION 1. There shall be appointed by the governor, on or before August 15, 1902, and every two years thereafter, a board of examiners consisting of three members; one member of this board shall be of the party different from the party in power: Provided, That no member of the said board shall be connected directly or indirectly with any State institution. Before entering upon the discharge of their duties said commissioners shall take and subscribe an oath faithfully to do and perform the duties and true report to make thereon. SEC. 2. It shall be the duty of said board of examiners, between August 15, 1902, and November 15, 1902, and every two years thereafter, to visit all State institutions, including institutions supported in part by the State, and to carefully and thoroughly examine the same, and on or before November 15, 1902, and every two years thereafter, make report to the governor, showing the condition, efficiency, and needs of each of said institutions, together with their recommendations as to the amount the general assembly should appropriate for each of said institutions,

and the object for which said appropriations should be made. And said board of examiners shall thoroughly examine the books, vouchers, etc., of said institutions and report such expenditures, if any, as in their opinion were unnecessary.

SEC. 3. Said board of examiners is hereby authorized and empowered to summon any employee of said institutions or other person before it to testify under oath as to any matter pertaining to said institutions, and for said purpose they are hereby authorized to administer oaths.

SEC. 4. On or before December 1, 1902, and every two years thereafter, the governor shall cause said report to be printed and a copy thereof mailed to memberselect of the general assembly.

SEC. 5. This board of examiners shall make their said visits for the purposes set forth in this act without having in any manner given notice of the time thereof to the officials of said institutions.

SEC. 6. No member of the board of examiners as provided for in this act shall be a member of the general assembly to which said board makes its report.

SEC. 7. No committee appointed by the general assembly shall visit said State institutions, except by special order of the general assembly.

SEC. 8. The governor is hereby authorized, in addition to the provisions above set forth, to send said board of examiners to visit and inspect any of said institutions at any time he may deem it necessary.

SEC. 9. Said board of examiners shall receive for their services each $4 per day, together with traveling and other actual expenses while engaged in examining and making reports on said institutions. (Ratified March 7, 1901.)

Ibid., 1901, chapter 650: SECTION 1. Section 3 of chapter 370 of the public laws of 1899 is hereby repealed, and the management and control of the North Carolina College of Agriculture and Mechanic Arts shall be vested in the board of agriculture, and the said board shall have and exercise all the powers and be subject to all the duties granted to and imposed upon the board of trustees of the said college in said act. [The board of agriculture consists of one member from each Congressional district of the State, appointed by the governor and confirmed by the senate for terms of six years. (Laws of 1901, chapter 479.)]

SEC. 2. The board of agriculture shall use for the purpose of said college and for the benefit of education in agriculture and mechanic arts, as well as in furtherance of the powers and duties conferred upon said board by existing laws, any funds, buildings, lands, laboratories, and other property which may be in their possession, as in their judgment shall be thought proper.

SEC. 3. It shall be the duty of the governor to appoint a board of visitors, to consist of eleven members, besides the commissioner of agriculture and the president of the college, who shall be ex officio members of the board, whose duty it shall be to meet at least once in each year, and not more than twice, in the city of Raleigh, to visit and inspect the College of Agriculture and Mechanic Arts and make such recommendations to the board of agriculture for the conduct of said college as they may deem wise and beneficial. This board of visitors shall elect a chairman, and shall meet at such time, within the limits herein prescribed, as said chairman shall designate. They shall serve without compensation, but their actual expenses of traveling to and from home and their board shall be paid. The terms of service of four of these visitors shall be two years, of four others four years, and of the remaining three six years, and successors of these visitors, respectively, shall be appointed by the governor at the expiration of their term for a term of six years. (Ratified March 13, 1901.)

Ibid., 1901, chapter 737: SEC. 6. [Appropriates to North Carolina College of Agriculture and Mechanic Arts, in addition to its standing appropriation, $17,488.26 to pay indebtedness contracted by a former administration and $3,033.36 additional to pay indebtedness incurred by present administration." Also "$10,000 for each of the years 1901 and 1902 for the erection and equipment of a building for a textile department."]

SEC. 7. [Appropriates $5,000 to the Colored Agricultural and Mechanical College of Greensboro for each of the years 1901 and 1992 in addition to its standing appropriation. This appropriation shall not be paid if the State board of education shall transfer to said school an equal amount of the appropriations for the colored normal schools of the State."]

Ibid., 1901, chapter 751: SECTION 1. All acts of the general assembly appropriating money shall state specifically the purposes for which such money is appropriated.

SEC. 2. No president, superintendent, board of managers, directors, nor other executive head of any State institution, supported wholly or in part by the State,

shall purchase any real estate, or construct or enlarge any building, or contract any debt on behalf of the State without positive and specific authority given by the general assembly, except as hereinafter directed.

SEC. 3. In cases of extreme emergency or dire necessity the executive head of any such institution shall, upon the recommendation of the governor and his council, have authority, upon the credit of the State, to make such expenditures as may be actually necessary to provide against any such emergency or necessity. SEC. 4. Whenever any money appropriated by the general assembly is expended contrary to the provisions of this act, the superintendent, members of the board of directors or managers or executive head directing, or consenting to, such expenditure shall be liable to the State thereof [therefor], and it shall be the duty of the attorney-general to forthwith institute an action in the superior court of Wake County, in the name of the State, against such superintendent, executive head, members of the board of managers or directors, to recover the money so expended for the use of the State. (Ratified March 15, 1901.)

NORTH DAKOTA.

Constitution (1889), article 8: SEC. 147. A high degree of intelligence, patriotism, integrity, and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the State of North Dakota and free from sectarian control. This legislative requirement shall be irrevocable without the consent of the United States and the people of North Dakota.

SEC. 148. The legislative assembly shall provide, at its first session after the adoption of this constitution, for a uniform system of free public schools throughout the State, beginning with the primary and extending through all grades up to and including the normal and collegiate course.

SEC. 149. In all schools instruction shall be given, as far as practicable, in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, public spirit, and respect for honest labor of every kind.

SEC. 151. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study, and to promote industrial, scientific, and agricultural improvements.

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SEC. 152. All colleges, universities, and other educational institutions for the support of which lands have been granted to this State, or which are supported by a public tax, shall remain under the absolute and exclusive control of the State. 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 school. Article 9: SEC. 159. All land, money, or other property donated, granted, or received from the United States or any other source for * agricultural college, and the proceeds of all such lands and other property so received from any source, shall be and remain perpetual funds, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased, but shall never be diminished, and the interest and income only shall be used. Every such fund shall be deemed a trust fund held by the State, and the State shall make good all losses thereof.

SEC. 162. The moneys of the permanent school fund and other educational funds shall be invested only in bonds of school corporations within the State, bonds of the United States, bonds of the State of North Dakota, or in first mortgages on farm lands in the State, not exceeding in amount one-third of the actual value of any subdivision on which the same may be loaned, such value to be determined by the board of appraisers of school lands.

Laws, 1890, chapter 160: SECTION 1. There is hereby established and located at Fargo, Cass County, N. Dak., an agricultural college, which shall be known by the name of the North Dakota Agricultural College.

SEC. 2. The government and management of the North Dakota Agricultural College is hereby invested in a board of directors to be known as the Agricultural College Board of Directors.

SEC. 3 [as amended by Laws, 1891, chap. 5, sec. 1]. The board of directors shall consist of seven members. The first board shall be appointed as hereinafter provided, and their term of office shall expire when their successors have been appointed and qualified, during the session of the legislative assembly in 1891. During the

session of the legislative assembly in the year 1891, and before the third Monday in February of said year, the governor shall nominate and, by and with the consent and advice of the senate, appoint a full board of directors, three of whom shall be appointed for the term of two years and four of whom shall be appointed for the term of four years. Thereafter and at each biennial session of the legislative assembly, and on or before the third Monday in February during each session, there shall be nominated by the governor and, by and with the advice and consent of the senate, appointed for the term of four years directors to fill vacancies occurring by the expiration of the term of office of those previously appointed. The governor shall have power to fill all vacancies in said board which occur when the legislative assembly is not in session, and the members of said board shall hold their office until their successors are appointed and qualified as provided by this act: Provided further, That in all cases where the governor has made an appointment to fill a vacancy when the legislative assembly is not in session, the term of office of the director or directors so appointed shall expire at the next session of the legislative assembly.

SEC. 4. The governor shall cause to be issued to each of said directors a commission, which shall be under the seal of the State. At the first meeting of said board the members thereof shall take and subscribe the oath of office required of all civil officers of the State, and shall then proceed to elect a president, secretary, and treasurer, but the treasurer shall not be a member of the board of directors. A majority of said board shall be a quorum for the transaction of business. The board shall require a bond of its treasurer and fix the amount thereof.

SEC. 5 [as amended by Laws, 1901, chap. 5, sec. 2]. The board of directors shall hold its meetings at the city of Fargo and fix the time of holding the same, providing there [these] shall not exceed six regular meetings in each year. The members of the board shall receive as compensation for their services $3 per day for each day employed and 5 cents per mile for each mile actually and necessarily traveled in attending meetings of said board, which sum shall be paid out of the State treasury upon vouchers of said board duly certified by the president and secretary thereof: Provided, however, That the president of said board shall have power to call special meetings whenever in his judgment it becomes necessary.

SEC. 6. The said board of directors shall direct the disposition of all moneys appropriated by the legislative assembly of the State of North Dakota, or by the Congress of the United States, or that may be derived from the sale of the lands donated by Congress to said State for said college, or that may be donated to or come from any source to said State for the agricultural college or experiment station for North Dakota, subject to all restrictions imposed upon such respective funds, either by the constitution or laws of the State of North Dakota or the terms of such grants from Congress, and shall have supervision and charge of the construction of all buildings provided for or authorized by law for said college and station. The board of directors shall have power to employ a president and-necessary teachers, instructors, and assistants to conduct said school and carry on the experiment station connected therewith, and to appoint one of its members superintendent of construction of all buildings, who shall receive $3 per day for each day actually and necessarily engaged in the discharge of his duties, not to exceed fifty days in any one year, which sum shall be paid out of the State treasury upon the vouchers of the said board.

SEC. 7. The said board shall audit all accounts against the funds appropriated by the legislative assembly of the State of North Dakota or held by the State for the use of the agricultural college and experiment station, and the State auditor shall issue his warrant upon the State treasurer for the amount of all accounts which shall have been so audited and allowed by the board of directors and attested by the president and secretary of the same.

SEC. 8. The design of the institution is to afford practical instruction in agriculture and the natural sciences connected therewith, and also the sciences which bear directly upon all industrial arts and pursuits. The course of instruction shall embrace the English language and literature, mathematics, military tactics, civil engineering, agricultural chemistry, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, and such other natural sciences as may be prescribed, political and rural and household economy, horticulture, moral philosophy, history, bookkeeping, and especially the application of science and the mechanic arts to practical agriculture in the field. A full course of study in the institution shall embrace not less than four years, and the college year shall consist of not less than nine calendar months, which may be divided into terms by the board of directors as in their judgment will best secure the objects for which the college was founded.

SEC. 9. The board of directors shall fix the salaries of the president, teachers,

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