State of Tennessee, shall always foster, encourage, and inculcate loyalty to both the State and National governinents, as well in the general administration of the institution as in the discipline of the pupils; and the university shall not be controlled in the interest of any particular sect or religious denomination whatever. (Laws of 1868–69.)

SEC. 372. The trustees of this institution shall make and submit a report to the governor ten days before the general assembly convenes, giving the number of students, together with a detailed statement of the workings of the institution and of receipts and expenditures, and it shall be transmitted by him, along with his regular message, thereto; and they shall at the same time make secure the bond required by section 370 hereof. (Laws of 1868-69 and 1873.)

SEC. 372a. No citizen of this State, otherwise qualified, shall be excluded from the privileges of the university by reason of his race or color, but the accommodation and instruction of persons of color shall be separate from the white. (Laws of 1868–69.)

SEC. 373. The legislature reserves the right to control and manage said fund by whatever legislation may be deemed necessary for its protection and safety: Provided, No such legislation shall extend to the removal of said fund from the University of Tennessee so long as it shall comply with and observe the requirements of the act of Congress donating said fund. (Laws of 1868-69 and 1879.)

TEXAS.

[The following matter is taken from "Revised civil statutes of the State of Texas, adopted at the regular session of the twenty-fourth legislature, 1895." Austin, Tex., 185.]

ART. 3860. The Agricultural and Mechanical College of Texas, established by an act of the legislature passed April 17, 1871, located in the county of Brazos, and by the constitution made and constituted a branch of the University of Texas, for instruction in agriculture, the mechanical arts, and the natural science connected therewith, shall be managed and controlled as herein provided.

ART. 3861. The leading object of this college shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanical arts, in such manner as the legislature may prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.

ART. 3862 [as amended by act of March 9, 1899]. The government of the Agricultural and Mechanical College of Texas shall be vested in a board of eight directors (one of whom shall be the commissioner of agriculture, insurance, statistics, and history, as provided in article 2921, revised civil statutes, and whose tenure of office shall be governed by the act under which he is appointed), who shall reside in different portions of the State, who shall be appointed by the governor, by and with the advice and consent of the senate. The members of the present board shall continue to exercise their duties until the expiration of their respective terms. ART. 3563 [as amended by act of March 9, 1899]. The board of directors shall be divided into classes, numbered one, two, three, and four, as determined by the governor; shall hold their office two, four, six, and eight years, respectively, from the date of their appointment and until their successors are appointed and qualified. Two members shall be appointed at each session of the legislature to supply the vacancies made by the provisions of this article and in the manner provided for in the preceding article, who shall hold their office for eight years, respectively.

ART. 3564. Should a vacancy occur in the said board by the death, resignation, or otherwise of any one of the directors so appointed, the governor shall fill the same by appointment, which shall continue until the term for which he was appointed shall expire.

ART. 3565. The governor shall be authorized to call said board together after their appointment, and said board shall at their first meeting elect from their number a president of the board, who shall thereafter be authorized to call said board together for the transaction of business whenever he deems it expedient, and a majority of said board shall constitute a quorum for the transaction of busi

ness.

ART. 3866 [as amended by act of March 9, 1899]. Said directors shall serve without compensation, but shall receive their actual expenses incurred in attending the meetings of the board or in the transaction of any business of the college imposed by said board.

ART. 3867. The secretary of state shall forward a certificate to each director within ten days after his appointment, notifying him of the fact of such appointment, and should any director so appointed and notified fail for ten days to give notice to the governor of his acceptance, his appointment shall be deemed void and his place filled as in case of vacancy.

ART. 3868. There shall be maintained and instructed at said college annually, free of charge to them, three students from each senatorial district in this State, one of whom shall be appointed by the senator of such district, and the other two by the representatives thereof. One-half of said students so appointed shall be compelled to take an agricultural and the other half a mechanical course of study, to be assigned thereto by the president of said college, and in order to pay their expenses the comptroller, on proper vouchers being filed in his office by the directors, is authorized to draw his warrant on the State treasurer against any appropriation made for that purpose.

ART. 3869. The board of directors shall, when necessary, appoint the president and professors of the college, and such other officers as from time to time they may think proper to keep the college in successful operation, and may, from time to time, abolish any office that is in their judgment unnecessary.

ART. 3870. Said board shall also from time to time make such by-laws, rules, and regulations for the government of said college as they may deem meet and proper for that purpose, and shall regulate the course of study, the rates of tuition, the manner of performing labor, and the kind of labor to be performed by the students of said college, and shall also prescribe the course of discipline necessary to enforce the faithful discharge of the duties of the professors, officers, and students.

ART. 3871. It shall be the duty of the board to have printed for the benefit of the people of the State and officers and students of the said college such by-laws, rules, and regulations as they are authorized by the preceding article to prescribe. ART. 3872. The money arising from the sale of the 180,000 acres of land donated to this State by the United States under the provisions of an act of Congress passed on July 2, 1862, and an amended act of Congress of July 23, 1866, shall constitute a perpetual fund, under the conditions and restrictions imposed by the aboverecited acts, for the benefit of said college, and the investment of the same, heretofore made in the bonds of the State, shall continue until the legislature shall by law direct it to be invested otherwise in furtherance of the interests of said college and in accordance with the terms on which it was received.

ART. 3873. The interest heretofore collected by the State board of education in accordance with the provisions of the act of August 21, 1876, due at the end of the fiscal year of 1876, on the bonds belonging to said Agricultural and Mechanical College and invested in 6 per cent State bonds, shall also constitute a part of the perpetual fund of said college until the legislature shall otherwise provide.

ART. 3874. It shall be the duty of the State board of education to collect the semiannual interest on the bonds mentioned in the two preceding articles as the same becomes due, and place the same in the treasury of the State to the credit of said college fund.

ART. 3875. The interest on the bonds which were purchased with the proceeds of the said land scrip, and also the interest on the bonds in which the accrued interest of the said bonds was invested, as heretofore set out in this chapter, is set apart exclusively for the use of said college, and shall be drawn from the treasury by the board of directors on vouchers audited by said board or approved by the governor and attested by the secretary of the board.

ART. 3876. On such vouchers being filed with the comptroller, it shall be his duty to draw his warrant on the State treasurer for the same from time to time as the same may be needed to pay the directors, professors, and officers of the college.

ART. 3877. The agricultural and mechanical college for the benefit of colored youths, located in Waller County, as established by an act of the legislature approved August 14, 1876, shall be under the supervision and control of the board of directors of the agricultural and mechanical college located in Brazos County, and established by an act of the legislature passed April 17, 1871.

ART. 3878. The said board of directors shall in all respects have the same powers and perform the same duties in reference to the college named in the preceding article as they are clothed with in reference to the agricultural and mechanical college located in Brazos County.

ART. 3885. The normal school for colored teachers at Prairie View shall be under the control and supervision of the board of directors of the agricultural and mechanical college. (1879.)

ART. 3886 [as amended by act of June 6, 1899]. Said board of directors shall

admit one student from each senatorial district, who shall be appointed by the senator representing said district, and one student from each representative district, who shall be appointed by the member of the legislature representing said district: Provided, That where there are more than one representative in a district each representative of such district shall appoint one student, said students to be taken from the colored population of this State, which said students shall not be less than 16 years of age at the time of their admission: Provided, The said school shall hereafter be called and known as "Prairie View State Normal and Industrial College.'

ART. 3887 [as amended by act of June 6, 1899]. Said board shall appoint a principal teacher and such assistant teacher or teachers of said school and such other officers of said school as may be necessary, and shall make such rules, by-laws, and regulations for the government of said school as they may deem necessary and proper, and shall regulate the course of study and the manner of performing labor to be performed by the students, and shall provide for the board and lodging and instruction to the students without pecuniary charge to them other than that each student shall be required to pay one-third of the cost of said board, lodging, and instruction quarterly in advance, and said board of directors shall regulate the course of discipline necessary to enforce the faithful discharge of the duties of all officers, teachers, students, and employees of said school, and shall have the same printed and circulated for the benefit of the people of the State and the officers, teachers, students, and employees of said school.

ART. 3888. The board of directors may provide for receiving such a number of students of both sexes as in the judgment of said board the school can best accommodate, and shall require all students admitted to said school to sign a written Coligation (in a proper book kept for that purpose) binding said student to teach in the public free schools for the colored population of their respective districts at least one year next after their discharge from the normal school and as much longer than one year as the time of their connection with said normal school shall exceed one year, for which teaching said discharged student shall receive the same rate of compensation allowed other teachers of such schools with like qualifications. ART. 3889. It shall be the duty of the comptroller of public accounts annually to set apart out of the interest accruing from the university fund, appropriated for the support of public free schools, the sum of $6,000 for the support of said normal school and place said fund to the credit of said normal school, and the same may be drawn by the board of directors on vouchers audited by the board or approved by the governor and attested by the secretary, and on filing such vouchers the comptroller shall draw his warrant on the State treasury for the same from time to time as the same may be needed.

ART. 3890. The board shall make rules by which students can obtain certificates of qualification as teachers that will entitle them to teach without other or further examination.

Laws, 1889, chapter 58: SECTION 1. The State of Texas does hereby assent to the purposes of said grant [experiment station act of March 2, 1887] and designates the Agricultural and Mechanical College of Texas as such station. (April 3, 1889.) Laws, 1891, chapter 40: SECTION 1. All moneys apportioned to the State of Texas under an act of [August 30, 1890] of the Fifty-first Congress of the United States, shall be apportioned between the agricultural and mechanical college and the Prairie View State Normal School on the following basis, to wit: Three-fourths to the agricultural and mechanical college and one-fourth to the Prairie View State Normal School.

* * *

SEC. 2. L. S. Ross, president of the agricultural and mechanical college, or his successors in office are hereby authorized to receive and receipt for all moneys due and to become due to the agricultural and mechanical college and the Prairie View State Normal School, under the act of Congress aforesaid.

Laws, 1899, chapter 10: SECTION 1. The president and board of directors of the Agricultural and Mechanical College of Texas are hereby authorized and directed to employ an expert entomologist, one or more, as may be deemed necessary, whose duty it shall be to devise, if possible, means of destroying the Mexican boll weevil, boll worm, caterpillar, sharpshooter, chinch bug, peach bug, fly and worm, and other insect pests, and to perform the duties of professor of entomology in the Agricultural and Mechanical College of Texas.

SEC. 2. The sum of $5,000 is hereby appropriated, out of any money in the State treasury not otherwise appropriated, for the purpose of putting this act into effect. (February 25, 1899.)

Laws, 1901, chapter 30: The sum of $2,500 for the first year and $1,800 for the second year is set apart and is hereby appropriated out of the general revenue for the inauguration and maintenance of a four-year college course of classical and

scientific studies at the Prarie View State Normal and Industrial College, to which graduates of the normal course shall be admitted without examination, and to which others may be admitted after having passed a satisfactory examination in the branches comprised in the normal course: Provided, That no State student shall be admitted to the privileges of the said course: And provided further, That the diploma conferred on the completion of the said course shall entitle the holder, without other or further examination, to teach in any of the colored public free schools of the State. (March 28, 1901.)

Laws, 1903, chapter 51: SECTION 1. The board of directors of the Agricultural and Mechanical College of Texas is hereby directed and required to establish at and in connection with the said college a school or department for instruction in the theory and practical art of textile and kindred branches of industry, whose main purpose shall be to train students in the theory and practice of cotton manufacturing in all its branches from the raw cotton to the finished fabric.

SEC. 2. The said board of directors is hereby invested with full power and authority to erect the buildings, purchase the necessary machinery and equipment, and generally to do and perform all acts necessary to establish and maintain said school or department.

SEC. 3. The sum of $50,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purpose of establishing such school or departiment. (In effect August 1, 1903.)

UTAH.

Constitution (1895), article 10: SECTION 1. The legislature shall provide for the establishment and maintenance of a uniform system of public schools, which shall be open to all children of the State and be free from sectarian control.

SEC. 2. The public school system shall include kindergarten schools; common schools, consisting of primary and grammar grades; high schools; an agricultural college; a university, and such other schools as the legislature may establish.

SEC. 4. The location and establishment by existing law of the University of Utah and the agricultural college are hereby confirmed, and all the rights, immunities, franchises, and endowments heretofore granted or conferred are hereby perpetuated unto said university and agricultural college, respectively.

SEC. 5. The proceeds of the sale of lands reserved by an act of Congress approved February 21, 1855, for the establishment of the University of Utah and of all the lands granted by an act of Congress approved July 16, 1894, shall constitute permanent funds, to be safely invested and held by the State; and the income thereof shall be used exclusively for the support and maintenance of the different institutions and colleges, respectively, in accordance with the requirements and conditions of said acts of Congress.

[The following matter is taken from The Revised Statutes of the State of Utah, in force January 1, 1828. Lincoln, Nebr., 197.]

SEC. 2064. Members of the governing board of each State institution shall be appointed by the governor, with the advice and consent of the senate, except as in this title otherwise provided.

SEC. 2035. A vacaney in a governing board may occur by the expiration of a term, by death, by lawful removal from office, by the permanent departure of a member thereof from the State, by his incapacity to act, or by his resignation. Such vacancy, other than by the expiration of a term, shall be filled by the governor for the remainder of the term, with the advice and consent of the Senate if in session. If the senate is not in session the appointment shall be made and shall continue until the next regular session of the senate. Each member of the board shall hold until his successor shall be appointed and shall have qualified.

SEC. 2066. No member of the governing board of a State institution nor official or employee of such institution shall be pecuniarily interested, directly or indirectly, in any contract, business, or transaction entered into by or on behalf of the institution.

Sec. 2067. All general supplies for every State institution shall be contracted for by the year, except in cases where contracts for certain supplies can not be advantageously made. Notice shall be given and contracts let in the manner provided in the two succeeding sections.

SEC. 2068. Whenever the needs of a State institution demand a building to be repaired or erected or any work amounting to more than $200 to be done, the gov

erning board of such institution shall advertise for at least ten days in some newspaper published in this State, and having a general circulation herein, for sealed proposals for repairing or erecting such building or performing such work in accordance with plans and specifications to be had at the office of the board.

SEC. 2070. The proper pro rata of the biennial appropriation of a State institution may be drawn quarterly in advance from the State treasurer on a warrant of the State auditor. Warrants must be drawn by the State auditor in favor of the treasurer of the governing board of the institution. * * *To obtain such warrants the treasurer of the board * must present to the State auditor writ

ten authorization from the board.

* *

SEC. 2071. The governing board of each State institution shall make biennially to the governor, on the 1st day of January preceding each regular session of the legislature, a detailed report showing a statement of its important official acts, the growth and condition of the institution, the report of the chief executive officer thereof, a list of officials and their salaries, and an estimate of the cash value of the real and personal property of the institution or of the State in connection therewith, together with an inventory of the same.

SEC. 2072. At such time, also, each governing board shall furnish to the governor and to the State auditor detailed accounts of its receipts and expenditures during the preceding two years ending December 31, as well as an itemized estimate of the income and requirements of the institution for the coming biennial period. Such accounts and estimates must be countersigned by the chief executive officer of the institution and by the secretary or clerk of the same, if there is one. If such officer or secretary shall fail to so countersign, he shall be liable to a fine of $100.

SEC. 2073. The Agricultural College of Utah shall continue as now established [by act of March 8, 1888] and located at Logan, in the county of Cache.

SEC. 2074. The leading object of the college shall be to teach branches of learning related to agriculture and the mechanical arts and such other scientific and classical studies as may promote the liberal and practical education of the industrial classes in the several pursuits and professions of life. (March 8, 1888.)

SEC. 2075. The government and control of the college shall be vested in a board of seven trustees. Four members of the board shall be appointed to serve for two years and three members for four years, as may be designated by the governor at the time of their appointments, such appointments to be made at the expiration of the respective terms of the present members; thereafter appointments shall be for the term of four years.

SEC. 2076. The board shall take charge of the general interests of the institution, and may sue and be sued in all matters concerning it. 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; and likewise to appoint a president of the faculty, professors, and such other officers and employees as, in its judgment, may be necessary, to prescribe their duties, and to determine their salaries.

SEC. 2077. The board shall have kept an accurate record of its proceedings, which shall embrace copies of all contracts entered into, and a minute and accurate record of all expenditures, showing the amount paid, to whom paid, and for what service rendered, and materials purchased, and whether paid on account or in performance of contract; and for all payments made vouchers shall be taken.

SEC. 2078. The board shall have the general control and supervision of the college, of the farm pertaining thereto, and of such property as may be vested in the college by law, of all appropriations made by the State for the support of the same, and also of lands or personalty that may hereafter be donated by the State, or by the United States, or by any person or corporation, in trust for the promotion of agricultural and industrial pursuits.

SEC. 2079. The board shall elect one of its number president, and shall appoint a secretary and a treasurer.

SEC. 2080. The trustees and the treasurer shall qualify by taking the constitutional oath of office and by giving bonds, with sufficient sureties, to the State of Utah in the penal sum of $1,000 each, conditioned for the faithful performance of the duties of their respective offices. Such bonds must be approved by and delivered to the secretary of state.

SEC. 2081. Each trustee shall receive as his compensation $4 per diem for each meeting of the board at which he shall be present, payable out of any moneys appropriated for the use of the agricultural college, and he shall be allowed for traveling expenses mileage at the rate of 10 cents per mile, for one way only, for the distance necessarily traveled in attending the meetings of the board.

SEC. 2082. After the expiration of the terms of the present trustees there shall be allowed to members of the board no compensation for their time or services,