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cadet from his county on or before June 1 next preceding the end of his term. In case a cadetship filled by appointment by any member of the legislature shall become vacant, the member making the appointment, or his successor, shall fill same by a new appointment within the limits of time aforesaid. But no senator or delegate shall appoint any cadet until he receives a certificate from the president of the university or the commandant of cadets giving him notice of his right to do so, and he shall not have the right to exercise such power of appointment as long as two cadets are accredited to himself and his predecessor, either by original appointment or reenlistment. All other cadets necessary to make up the full complement of the corps shall be appointed by the regents in proportion to their number, including vacancies, if any, caused by the failure of any member of the legislature to make his appointment. Cadets shall not be under 16 years of age and shall not be over 21 years of age. Their appointment shall be made upon undoubted evidence of good moral character and sound physical condition. Their term of enlistment of service shall be two years, but any cadet at the expiration of his first term shall be entitled to reenlist for the further term of two years upon giving notice of his intention to the commandant of cadets at least thirty days before the expiration of such term; but not more than 15 cadets shall be appointed from any senatorial district and not more than 8 from any one county. SEC. 83. The cadets admitted under the preceding section shall be entitled to all the privileges, immunities, educational advantages, and benefits of the university free of charge for admission, tuition, books, and stationery, and shall constitute the public guard of the university and of the public property belonging thereto and of the ordnance and ordnance stores and cainp and garrison equipage, of which a sufficient supply shall be kept in the arsenal belonging to the institution. And the professors and the students of the university receiving instruction in military tactics and the art of war shall be individually and collectively responsible for the preservation and safe-keeping of all arms and camp equipage belonging to said institution. (1872-73, 1881.)

SEC. 84 [as amended by Laws, 1901, chapter 1, approved February 23, 1901]. The regents shall only be allowed the necessary expenses incurred by them in discharging their duties as such and $1 per diem for each day they may be employed as such, and an itemized account shall be made a part of their report to the governor, and no mileage shall be allowed or paid.

SEC. 85. The president, board of regents, and faculty may graduate any student of the university found (after proper examination) duly qualified, and shall certify the same by affixing the seal of the university to his diploma. (1872-73, 1881.)

SEC. 86. The fund derived from the sale of United States land warrants which have been donated to this State for the purpose of endowing an agricultural college shall be invested by the governor in a loan of public stock of the United States, or otherwise, as required by Congress, for the use and benefit of the said university. (1872-73, 1881.)

SEC. 86α. I. The State of West Virginia hereby assents to and accepts from the Government of the United States the grants of money authorized by said act of Congress [of March 2, 1887], and assents to the purpose of said grants.

II. The bulletins and annual reports required to be published under section 4 of said act shall be printed at the expense of the State, by the State printer, in such editions or numbers as the mailing list of the experiment station shall indicate as being required, and shall be distributed by the station free of all charge to farmers and other citizens of the State deserving the same. (1889.)

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SEC. 98b. I. The legislature of the State of West Virginia hereby accepts for said State the terms and provisions of the said act of the Congress of the United States approved August 30, 1890, for the objects and purposes mentioned and declared therein, and designates the West Virginia University," established in pursuance of the act of the Congress of the United States passed July 2, 1862, and à subsequent act passed by said Congress on April 19, 1864, at Morgantown, in the county of Monongalia, in this State, as the beneficiary of said appropriation for the instruction of white students; and an institution to be located and provided for the purpose as hereinafter required and directed in the county of Kanawha, to be called "The West Virginia Colored Institute," for the beneficiary of said appropriation for the instruction of colored students: to be paid to each in the proportion mentioned in the preamble to this act. [For the West Virginia Colored Institute, $3.000 per annum for five years, and after that time $5,000 as long as the appropriation continues.] And the said institution, by the name of The West Virginia Colored Institute," shall have and hold all the property, funds, rights, powers, and privileges hereinafter mentioned.

II [as amended by Laws, 1901, chapter 50, approved February 20, 1901]. For the

government and control of said institute there shall be a board of regents, consisting of the State superintendent of free schools and six other competent persons, not more than four of whom shall belong to the same political party, to be called the regents of the West Virginia Colored Institute," and as such board they may sue and be sued, plead and be impleaded, and have a common seal. The governor shall, between March 15 and May 15, 1901, and every four years thereafter, nominate and, by and with the advice and consent of the senate, appoint said six regents, whose term of office shall begin on June 1 next following their appointment and continue for four years and until their successors are appointed and qualified. Vacancy in the office of regent shall be filled by appointment by the governor for the unexpired term. The term of office of the regents now in office shall expire on May 31, 1901. Said board shall have the care, custody, and control of the property and funds of the institute, and may accept, from any person or persons, gifts of money or property for the use of said institute, and all such money and property, when so received by them, shall be held in trust by them for the use and benefit of the institute, and applied thereto as the donors may have directed, and, if no such directions have been given, as a majority of the regents may determine.

III. The board of regents shall from time to time establish such departments of education in literature, science, art, and agriculture, not inconsistent with the terms of the several acts of Congress hereinbefore referred to, as they may deem expedient and as the funds under their control will warrant, and purchase such materials, implements, and apparatus as may be requisite to the proper instruction of said colored students in all said branches of learning as to carry out the intent and purposes of said acts of Congress.

IV [as amended by Laws, 1901, chapter 1, approved February 23, 1901]. The said board shall establish and declare such rules, regulations, and by-laws, not inconsistent with the laws of the United States or of this State, as they may deem necessary for the proper organization, the tuition of the students, and the good government of the institute and the protection of the property belonging thereto. The regents shall only be allowed the necessary expenses incurred by them in discharging their duties as such and $4 per diem for each day they may be employed as such, and an itemized account shall be made a part of their report to the governor, and no mileage shall be allowed or paid.

V. The treasurer of this State is hereby designated as the officer to receive from the Secretary of the Treasury of the United States the said several sums of money so to be paid to this State aforesaid for the uses and purposes aforesaid. He shall keep an exact account of the moneys so received, and shall place to the credit of each of said beneficiaries thereof its due proportion of the same. The sums so placed to the credit of the West Virginia University shall be paid out by him on the orders of the board of regents thereof, and the sums so placed to the credit of the West Virginia Colored Institute shall be paid out by him on the orders of the board of regents of said institute. And said treasurer shall include in his biennial report to the governor a statement of his receipts and disbursements under the provisions of this act.

VI. It shall be the duty of the board of the school fund to proceed with all reasonable dispatch to procure the necessary quantity of farming land, not exceeding 50 acres in all, in some suitable and proper locality in the county of Kanawha, with the title thereto clear and unquestionable, and to erect the necessary buildings and make the necessary improvements thereon for the purposes of this act, and to comply in good faith with the terms and conditions and to carry into effect the objects and purposes of the act of Congress in making said appropriations. VII. And in order to enable said board to perform the duties required of them by this act the sum of $10,000 is hereby appropriated and placed at their disposal, payable out of any money in the treasury not otherwise appropriated: Provided, That said board may, in their discretion, borrow the said sum of $10,000 from the "school fund," mentioned in section 4 of article 12 of the constitution of this State, at 6 per cent interest per annum, and execute the bonds of the State therefor, payable with interest as aforesaid not more than ten years from the date thereof. (1891.)

SEC. 98bb. Besides prescribing the general terms upon which students may be admitted, and the course of instruction, the regents are still further empowered to admit as regular students or cadets of said institution not more than 60 students, of whom each regent may appoint not more than 12 who are not less than 16 years of age nor more than 21, whose term of service shall not be less than two nor more than five years; which appointment shall be made upon undoubted evidence of good moral character and sound physical condition. The cadets admitted under the provisions of this section shall be entitled to all the privileges, immunities, educa

tional advantages, and benefits of the institute free of charge for admission, tuition, books, and stationery, and shall constitute the public guard of the institute, and of the public property belonging thereto, and of the ordnance and ordnance stores and camp and garrison equipage, of which a sufficient supply shall be kept in the arsenal belonging to the institution. And the professors and the students of the institute receiving instruction in military tactics and the art of war shall be individually and collectively responsible for the preservation and safe-keeping of arms and camp equipage belonging to said institution. (1899.)

WISCONSIN.

[The following matter is taken from the Wisconsin Statutes of 1898, enacted at the adjourned session of the legislature commencing August 17, 1897, and approved August 20, 1897. In effect September 1, 1898. Edited and annotated by Arthur L. Sanborn and John R. Berryman. 2 vols. Chicago, 1898.]

SEC. 377. There is established in this State, at the city of Madison, an institution of learning by the name and style of "The University of Wisconsin."

SEC. 378 [as amended by Laws, 1901, chapter 255, approved May 2, 1901]. The government of the university shall vest in a board of regents, to consist of one member from each Congressional district and two from the State at large, at least one of whom shall be a woman, to be appointed by the governor. The State superintendent and the president of the university shall be ex officio members of said board. Said president shall be a member of all the standing committees of the board, but shall have the right to vote only in case of a tie. The term of office of the appointed regents shall be three years from the first Monday in February in the year in which they are appointed unless sooner removed by the governor, but appointments to fill vacancies before the expiration of the term shall be for the residue of the term only.

SEC. 379 [as amended by Laws, 1903, chapter 260]. The board of regents and their successors in office shall constitute a body corporate by the name of "the regents of the University of Wisconsin." and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings, and all other property of said university. The board shall elect a president and a secretary, who shall perform such duties as may be prescribed by the by-laws of the board. The secretary shall keep a faithful record of all the transactions of the board and of the executive committee thereof. It shall be the duty of the State treasurer to have the charge of all securities for loans and all moneys belonging to the university or in any wise appropriated by law to its endowment or support, to collect the interest on all securities held by him, to pay out moneys only upon the warrant of the secretary of state as provided by law, to keep the same and the accounts thereof separate and distinct from other public funds, and particularly distinguish the accounts of every fund, according to the nature thereof, coming to his charge, whether created by law or by private bounty, and to discharge these and other appropriate functions relating thereto subject to such regulations as the board may adopt not inconsistent with his official duties, and he and his sureties shall be liable on his official bond as State treasurer for the faithful discharge of such duties.

SEC. 380. The time for the election of the president and secretary of said board and the duration of their respective terms of office, and the times for holding the regular annual meeting and such other meetings as may be required, and the manner of notifying the same shall be determined by the by-laws of the board. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. (1866.)

SEC. 381. The board of regents shall enact laws for the government of the university in all its branches; elect a president and the requisite number of professors, instructors, officers, and employees, and fix the salaries and the term of office of each, and determine the moral and educational qualifications of applicants for admission to the various courses of instruction; but no instruction either sectarian in religion or partisan in politics shall ever be allowed in any department of the university; and no sectarian or partisan tests shall ever be allowed or exercised in the appointment of regents or in the election of professors, teachers, or other officers of the university, or in the admission of students thereto, or for any purpose whatever. The board of regents shall have power to remove the president, or any professor, instructor, or officer of the university when, in their judgment, the interests of the university require it. The board may prescribe

rules and regulations for the management of the libraries, cabinet, museum, laboratories, and all other property of the university and of its several departments, and for the care and preservation thereof, with penalties and forfeitures by way of damages for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction of such action. They shall employ a competent preceptress for the building known as “ladies' hall " (which shall be used for and by the female students attending the university, and not otherwise), who shall have charge and general supervision thereof under such regulations as the board may have made or shall adopt, at a salary of not more than $1,500 per year: Provided, That said preceptress shall perforin such duties and teach such classes as the board may from time to time require.

SEC. 382. The board of regents are authorized to expend such portion of the income of the university fund as they may deem expedient for the erection of suitable buildings and the purchase of apparatus, a library, cabinets, and additions thereto, and if they deem it expedient may receive in connection with the university any college in this State, upon application of its board of trustees; and such college so received shall become a branch of the university and be subject to the visitation of the regents. (Rev. Stat., 1858.)

*

SEC. 383. At the close of each biennial fiscal term the regents, through their president, shall make a report in detail to the governor and the legislature, exhibiting the progress, condition, and wants of each of the colleges embraced in the university, the course of study in each, the number of instructors and students, the amount of receipts and disbursements, together with the nature, cost, and results of all important investigations and experiments, and such other information as they may deem important, one copy of which shall be transmitted free by the secretary of state to all colleges endowed under the provisions of the act of Congress ** * approved July 2, 1862, and also one copy to the Secretary of the Interior, as provided in said act. The board shall also report to the governor as often as may seem desirable the important results of investigations conducted by the director of Washburn Observatory and by other investigators connected with the university, and also the results of such experiments therein relating to agriculture or the mechanic arts as said board may deem to be of special value to the agricultural and mechanical interests of the State. With the approval of the governor such number of copies as he shall direct, and of the Washburn Observatory reports not more than 700 copies, may be printed by the State printer in separate form, on good paper, and with such appropriate quality of binding as the commissioners of public printing shall order. Eight hundred copies of each of said reports, when so directed by the governor, except those of the Washburn Observatory, shall be delivered to the legislature, and the remainder be used in exchange for the publications of other institutions and for such other public purposes as the regents may order.

SEC. 383a [as amended by Laws, 1903, chapter 260]. All moneys which shall be derived to the university from gifts or other bounties; from fees of students in any form, less any rebates allowed under authority of the board; from sales of farm products or any articles of personal property of whatever kind; from publications or advertisements in publications of the university; from fees for services rendered in any manner; from sales or rents of real property, or from any source whatever other than in cases by law required to be paid to the State treasurer, may be paid to the secretary of the board in all cases where the board shall authorize him to receive the same; and such secretary shall, at least as often as once a week, pay into the State treasury the entire amount of such receipts by him, and shall on or before the 10th day of each calendar month deliver to the State treasurer an itemized account of such receipts during the preceding calendar month, showing the amount of each sum so received by him, the date thereof, the person from whom received, for what received, and the particular fund or account to which the same belongs, save that the details of small receipts may be omitted and the account made summary in such cases and to such extent as the secretary of state shall prescribe by forms therefor, and shall verify the correctness thereof by his affidavit thereto appended, and a duplicate thereof he shall at the same time file with the secretary of state. Such account shall be made upon forms to be prepared and furnished by the secretary of state. The regents may require of their secretary such bond in such sum and with such sureties as they shall think fit and its renewal when deemed desirable, and may prescribe regulations for the discharge of all such duties not inconsistent with law. The secretary of state shall audit and give his warrant on the State treasurer for all accounts certified to him by the board or its executive committee, in the manner herein provided. All salaries for instructional or administrative service, and also allowances to fellows and scholars, which have been fixed by the board, shall be certified at peri

odical intervals according to the laws of the board, upon rolls showing the name of the person entitled to receive the same, the amount of his fixed annual salary or allowance, and that the sum so certified is then due him according to the method of periodical payment established by the board; upon which certified roll the secretary of state shall issue his warrant to each person therein named for the amount so certified to be due to him. Payments to janitors, laborers, and all other employees, and also to all persons from whom milk and products for the dairy are purchased, shall be made upon rolls showing the name of the party entitled, for what service or object, to what fund chargeable, and the amounts respectively due each, which shall be likewise certified to the secretary of state to be correct and due, and he shall issue thereon his warrant for the amount due each person upon such roll to each such person. Every other claim or account shall state the nature and particulars of the service rendered or material furnished and be verified by the affidavit of the claimant or his agent and filed with the secretary of the regents; and a roll showing the name of each such person, for what service or object, to what fund chargeable, and the amount allowed to and due him, shall be certified, as aforesaid, to the secretary of state; upon which he shall issue his warrant for the proper amount to the person entitled thereto. The board may enact laws to govern all such business not inconsistent with law, and all forms shall be prepared and furnished by the secretary of state. All warrants issued pursuant to this section shall be labeled "University warrant" and numbered in consecutive order. All gifts, bounties, and moneys paid in and appropriations made by law for the university, its endowment, aid, or support, when received by the State treasurer shall be at once credited to the proper fund, and if received as part of the general fund shall be forthwith transferred by warrant to the proper university account, and shall all thenceforth be held solely for the respective uses to which the same is by law appropriated, and shall never be employed, diverted to, or paid out for any other use or purpose.

SEC. 384. The president of the university shall be president of the several faculties and the executive head of the instructional force in all its departments; as such he shall have authority, subject to the board of regents, to give general direction to the instruction and scientific investigations of the several colleges, and so long as the interests of the institution require it he shall be charged with the duties of one of the professorships. The immediate government of the several colleges shall be intrusted to their respective faculties, but the regents shall have the power to regulate the courses of instruction and prescribe the books or works to be used in the several courses, and also to confer such degrees and grant such diplomas as are usual in universities or as they shall deem appropriate, and to confer upon the faculty by by-laws the power to suspend or expel students for misconduct or other cause prescribed in such by-laws. (1866, 1869.)

SEC. 385. The object of the University of Wisconsin shall be to provide the means of acquiring a thorough knowledge of the various branches of learning connected with literary, scientific, industrial, and professional pursuits, and to this end it shall consist of the following colleges or departments, to wit:

1. The college of letters and science.

2. The college of mechanics and engineering.

3. The college of agriculture.

4. The college of law.

5. Such other colleges, schools, or departments as now are or may from time to time be added thereto or connected therewith.

SEC. 386. The college of letters and science shall embrace liberal courses of instruction in language, literature, philosophy, and science, and may embrace such other branches as the regents of the university shall prescribe. The college of mechanics and engineering shall embrace practical and theoretical instruction in the various branches of mechanical and engineering science and art, and may embrace such additional branches as the regents may determine. The college of agriculture shall embrace instruction and experimentation in the science of agriculture and in those sciences which are tributary thereto, and may embrace such additional branches as the board of regents shall determine. The college of law shall consist of courses of instruction in the principles and practices of law, and may include such other branches as the regents may determine.

SEC. 387. The university shall be open to female as well as to male students, under such regulations and restrictions as the board of regents may deem proper; and all able-bodied male students in whatever college therein may receive instruction and discipline in military tactics, the requisite arms for which shall be furnished by the State. Any person who has graduated from a regular collegiate course at the university and after such graduation shall furnish evidence to the State superintendent of good moral character and of successful teaching for one

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