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arising from the sale of agricultural land scrip appropriated as aforesaid by act of Congress, was directed to be paid regularly by the comptroller “without diminution to the Maryland Agricultural College; and whereas by act of assembly of 1866 the legislature did diminish the said land fund so provided by act of Congress and so accepted by act of assembly, and so appropriated to the said Maryland Agricultural College, by directing 10 per centum of the whole amount to be paid into the treasury of the State, so diminishing the said fund by the sum of $11,250; and whereas the comptroller of the treasury in the several years past has further diminished the annual interest arising from the said fund by withholding from the yearly payments the sum of $90 as a State tax; and whereas section 5 of the said act of Congress, the terms of which were formally accepted by the State, expressly requires “that if any portion of the funds, or any portion of the interest thereof shall, by any act or contingency be lost or diminished, it shall be replaced by the State;" therefore

SECTION 1. The comptroller of the treasury is required to invest in 6 per cent State bonds for the use and benefit of the Maryland Agricultural College the sum of $11.250, and to pay over to the order of said trustees, semiannually, on the 1st day of April and October in each and every year, the interest upon said sum so invested, and tɔ account to and pay over to said trustees the interest upon said principal so withheld from.said trust fund and diverted to the use of the State from the time such diversion was made.

SEC. 2. The comptroller is required to account to and refund to the said trustees the tax erroneously withheld from the semiannual interest derived from the sum invested in the Southern relief fund set apart and invested for the use of the Maryland Agricultural College. (Approved April 1, 1872.) Laws, 1874. [Appropriation bill carries $3,000

College." The same sum is appropriated in 1875].

For the Maryland Agricultural

Laws, 180, chapter 231 (see laws 1888, chapter 326): SECTION 1. Section 4 of an act passed at the January session, 1866, entitled "An act amendatory of an act to establish and endow an agricultural college in Maryland, passed at January session, 1855, etc., is repealed and reenacted so as to read as follows:

Sec. 4. The board of trustees of the Maryland Agricultural College shall be constituted and composed as follows: There shall be 12 trustees, 5 of whom shall be elected by a majority of the private stockholders of said college in the manner now provided by law: Provided, That 4 of the 5 shall be residents of the State of Maryland and 1 of the District of Columbia, and the following 6 named persons shall represent the State's interest in said board, namely, the governor, comptroller, treasurer, president of the senate, speaker of the house of delegates, and attorneygeneral; and the United States Commissioner of Agriculture shall be ex officio one of said board. (Approved April 10, 1880.)

Laws, 1886, chapter 307: SECTION 1. A commission of 6 persons is appointed as follows: Two persons engaged in agriculture, 1 from the western shore and 1 from the eastern shore, to be named by the governor: 1 person by the faculty of the Johns Hopkins University, 1 by the Maryland State Farmers Association, and 1 person by the Maryland State Agricultural and Mechanical Association, whose duty it shall be to inquire into the propriety of establishing an agricultural experiment station, and to report to the next general assembly the result of their inquiry, and to submit such recommendations as to location, management, and other matters pertaining to the same as they may deem proper.

SEC. 2. The sum of $1.000, or so much thereof as may be necessary, is appropriated from any funds in the treasury not otherwise appropriated to pay the expenses of said commission incurred in performing the duties herein prescribed, to be paid by the treasurer on the warrant of the comptroller upon the order of a majority of said commission. (Approved April 7, 1886.)

Appropriation law for 1888:

$5,000 and no more."

*

To the Maryland Agricultural College,

Laws, 1858, chapter 55: Whereas by an act of Congress passed at the second session of the Forty-ninth Congress of the United States, entitled "An act to establish agricultural experiment stations to connect with the colleges established in the several States, under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto," the sum of $15,000 per annum for each State having colleges established under the provisions of said act of July 2, 1862, was appropriated for the establishing of agricultural experiment stations; and whereas the said act of the second session of the Forty-ninth Congress provides that before the said fund shall be paid to any State such State shall give its legislative assent to the purposes of said grants; and whereas the Maryland Agricultural College is the only college established in the State of Maryland under the provisions of said act of 1862,

SECTION 1. The assent of the State of Maryland is given to the purposes of the grant made by said act and the said Maryland Agricultural College is designated as the college entitled to receive the sum appropriated for Maryland, and the treasurer of said college is designated as the proper person to receive the same. SEC. 2. The assent of the State of Maryland to the grants of moneys for the purposes, upon the terms and in accordance with the several conditions and provisions in said act contained, is signified and expressed, and the secretary of state is hereby directed to transmit a certified copy of this act to the Secretary of the Treasury of the United States. (Approved March 6, 1888.)

*

Laws, 1888, chapter 326: SECTION 1. Section 4 of the act of 1866, chapter 53 is hereby repealed and reenacted so as to read as follows:

SEC. 4. The board of trustees of the Maryland Agricultural College shall be constituted as follows: There shall be 18 trustees, 5 of whom shall be elected by a majority of the private stockholders of said college in the manner now provided by law: Provided, That 4 of the 5 shall be residents of the State of Maryland and 1 of the District of Columbia, and-the following 6 named persons shall represent the State's interest in said board, namely, the governor, comptroller, treasurer, president of the senate, speaker of the house of delegates, and attorney-general, and the United States Commissioner of Agriculture shall be ex officio one of said board, and 1 person from each of the Congressional districts of this State, who shall be a practical farmer or immediately interested in agricultural pursuits, who shall be appointed by the governor by and with the consent of the senate, to be classified as follows: Two for the term of 2 years, 2 for the term of 4 years, and the remainder for the term of 6 years, all to date from the 1st day of February, 1888, and thereafter the term of all such appointments shall be for the term of 6 years. except that appointments to fill vacancies occurring otherwise than by expiration of term shall be only for the unexpired portion of the term so vacated. (Approved April 4, 1888.)

Laws, 1890, appropriation law: "To the Maryland Agricultural College the sum of $5,000 for the fiscal year 1891, and the like sum for the fiscal year 1892."

Laws, 1892, chapter 125: SECTION 1. The act of Congress approved August 30, 1890, is assented to and accepted on behalf of the State of Maryland, subject to all the purposes and conditions of the said grant.

SEC. 2. The Maryland Agricultural College, to which the benefits of said act of Congress apply in this State, is hereby authorized and directed to make suitable provisions for complying with all the requirements of the said act. (Approved March 15, 1892.)

Ibid., appropriation law: "To the Maryland Agricultural College the sum of $6,000 for the fiscal year 1893, and the like sum for the fiscal year 1894.” Ibid., 1894, appropriation law: To the Maryland Agricultural College the sum of $9,000 for the fiscal year 1895, and a like sum for the fiscal year 1896.

Ibid., 1896. appropriation law: "To the Maryland Agricultural College the sum of $9,000 for the fiscal year 1897, and a like sum for 1898."

Laws, 1898, chapter 291: SECTION 1. The sum of $14,000 is hereby appropriated out of any money in the treasury not otherwise appropriated to the Maryland Agricultural College, $10,000 of which shall be used for the erection of a suitable building for recitation rooms and laboratories for the department of agriculture and its allied branches, the remainder of $4,000 for the proper sanitary plumbing in the present dormitories.

SEC. 2. The comptroller of Maryland is directed to issue his warrant on the treasurer of Maryland, payable to the order of the Maryland Agricultural College, or to its accredited agent, for the sum of $14.000, said sum to be used solely for the purpose herein before set forth. (Approved April 7, 1898.)

Laws, 1900, chapter 620: SECTION 1. [Appropriates to the Maryland Agricultural College the sum of $9,000 for the year 1901, and a like sum for 1902.]

Laws, 1902, chapter 512: SECTION 1. [Appropriates] To the Maryland Agricultural College, the sum of $9,000 for the fiscal year 1903, and the like sum of $9,000 for the fiscal year 1994, together with the further sum of $3,996 for the fiscal year 1903, and the sum of $1,776 for the fiscal year 1904, the said latter amounts, viz, $3.996 and $1,776 being 2 per centum on the endowment of $88,800 for three years and three months, or the difference between 2 [3] per centum and 5 per centum, at which latter rate the endowment is required to be invested by acts of Congress; said appropriations being made upon the recommendation that the said college become the property of the State of Maryland and be made exclusively a technical school.

Ibid., 1902, chapter 625: SECTION 1. Appropriations are hereby made to the Maryland Agricultural College, for its use and for the experiment station, for the furtherance of the work of those institutions in their several departments, and

also in order to make provisions whereby more of the people of Maryland may avail of the advantages of an agricultural and industrial education, and at the same time provide for the proper fulfillment of the compacts made by this State in accepting certain grants from the United States Congress to this State. The amounts which are hereby provided for shall be expended, respectively, according to the provisions of sections 1, 2, 3, 4, 5, and 6 of this act.

SEC. 2. In order to provide dormitory accommodations for at least double the number of students as present facilities will accommodate, and to provide modern and sanitary kitchen and dining room accommodations for students, and also to provide for a general assembly hall for chapel and other public functions, the sum of $25,000 is hereby appropriated.

SEC. 3. To provide for the proper heating, ventilation, and general renovation of the present dormitory building, the sum of $3,000 is hereby appropriated.

SEC. 4. To provide for the enlargement of the mechanical building, so as to release its overcrowded condition and also to make possible the installment of new appliances, the sum of $5,000 is hereby appropriated.

SEC. 5. In order to provide for the maintenance, repairs, and insurance of the building of the experiment station, to provide for the printing of bulletins and making exhibits, showing the results of the work, and also to provide for the investigations on the tobacco crop, in meat production, and in irrigation, an annual appropriation of $5,000 is hereby provided for and made.

SEC. 6. The comptroller be and he is hereby authorized to issue his warrant upon the treasurer of the State for the several sums hereby appropriated, the same to be paid out of any funds not otherwise appropriated; that the said sum of moneys shall be payable to the Maryland Agricultural College and shall be expended under the direction of the board of trustees of said institution. And the first payment shall be made during the fiscal year ending September 1, 1902. SEC. 7. One-half of the amounts hereby appropriated for buildings shall constitute a first lien to the State of Maryland on the property of the Maryland Agricultural College, and this lien shall be secured by the mortgage, to be given by the said college in its corporate capacity, to this State; the said mortgage to run for the period of ten years, with interest at 3 per cent, payable annually, if demanded; said mortgage to be ratified by the trustees and stockholders of said college: And it is further provided, That before any of said sums shall become payable by the said State to the said college, said trustees shall at their own expense cause an examination of the title to be made by the Title Guarantee and Trust Company, or some competent attorney to be designated by the attorney-general, and upon the report of the persons or corporation so examining to the attorneygeneral and his approval thereof that the title is good, that the said property is vested in said college in its corporate capacity in fee simple and free from incumbrances, the money shall be paid by the fiscal officers of the State at the time provided for in the act and not before.

SEC. 8. And be it enacted, That this act shall take effect from the date of its passage, and the moneys appropriated for educational and experimental purposes and purposes of repair, shall be paid as hereinbefore provided, and the moneys appropriated for building purposes shall be paid as soon as the mortgage hereinbefore provided for has been drawn, executed, and tendered to and approved by the attorney-general; and in addition the private stockholders shall, at a called meeting, assent to the lien created by section 7 of this act, by resolution to be filed by them with the secretary of state, which said resolution or a copy thereof, certified to by the register of the college, shall be evidence of said acceptance.

[The following matter is taken from the "Supplement to the Code of Public General Laws of Maryland containing the Public General Laws," passed at the sessions of 1890-1898, by Johņ Prestiss Poe, Baltimore, 1898.]

Article LXI: SECTION 1. The term " fertilizer," as used in this article, shall be held to mean any commercial fertilizer, or any article, substance, or mixture sold, offered, or exposed for sale for manurial purposes within this State, of which the selling price shall be more than $10 per ton of 2,000 pounds. The term "brand shall be held to mean the name under which the commercial fertilizer is sold, together with the statement of the percentage of valuable ingredients contained therein. The term "State chemist" shall mean the professor in charge of the chemical department of the Maryland Agricultural College, who shall be exofficio State chemist.

SEC. 2. Before any fertilizer is sold, offered, or exposed for sale within the State the following conditions must be complied with: (1) The importer, manufacturer, manipulator, dealer, or agent shall take out a license for the sale of fertilizers,

which license shall be rated upon the number of brands contemplated to be sold at the rate of $15 for each brand, said license to be prepared and furnished by the comptroller of the treasury and to be issued at any time, to be good until the 1st day of February following; (2) every bag, barrel, or package of fertilizer, and every parcel or lot, if sold in bulk, must bear in legible print, or be accompanied by a clear and true statement showing the net pounds of fertilizer in the package or lot, the name, brand, or trade-mark under which the fertilizer is sold, the name and address of the importer, manufacturer, or manipulator, the place of manufacture or manipulation, and a chemical analysis stating the per centum of the minimum, and only the minimum, contained therein, of nitrogen or its equivalent in available ammonia, of potash soluble in distilled water, and of available phosphoric acid.

SEC. 5. It shall be the duty of the Maryland Agricultural College to analyze, without cost or charge, all samples of fertilizers sent to it for the purpose of being analyzed by any person or persons purchasing or procuring the same in this State for his or their use or uses; provided such persons are not interested in the analysis desired other than as consumers, of which affidavit shall be made and shall accompany each sample or brand; and further, such samples are taken and sent as described by this article, and free of cost of transportation to said college; and it shall be the duty of the Maryland Agricultural College to procure samples, as far as practicable in every year, of all the fertilizers sold and used in this State, for the purpose of analyzing the same; and any duly authorized agent or representative of the said college shall have the right to take samples, as provided by this article, from any lot or parcel of fertilizer in transit or in possession or keeping of any manufacturer, manipulator, dealer, or agent, and sold or offered for sale in this State; and it shall be the duty of the Maryland Agricultural College to send in the result of the analysis of every sample of fertilizer to the person from whom such sample was taken or received, and also to publish from time to time the results of the analysis made by the said college of the samples sent to or procured by it for such purpose; and it shall be the duty of the Maryland Agricultural College, when reporting or publishing the result of any analysis made, to state the commercial value in dollars and cents of the fertilizer so analyzed, per ton of 2,000 pounds, such value to be based upon the analysis made by the college, and upon a standard of valuation to be ascertained, fixed, and published by said college annually, after conference with the proper officials of adjacent States.

SEC. 6 [as amended by laws of 1902, chap. 382]. All samples of fertilizers for analysis at the Maryland Agricultural College shall be taken from unbroken packages or bags that have not been damaged or injured in transit or by exposure, and when in the possession of the purchaser or purchasers within thirty days after coming into their possession it shall be lawful for any such purchaser or purchasers of any such manures or fertilizers, provided that he be not a manufacturer, manipulator, or agent of either, to take from any such unbroken packages or bags a sample, not exceeding 2 pounds, placing the same in bottle or bottles, jar or jars, which shall then be corked tightly and forwarded to the Maryland Agricultural College for analysis; that it shall not be lawful for the said agricultural college or its chemists to previously demand of any such purchaser or purchasers so sending said sample or samples for analysis, to give any advices, information or statement to the said college or its chemists as to any analysis found on the original unbroken packages or bags from which said sample or samples were taken, or the name or names of any individual, representative, agent, or corporation or firm from which said manures or fertilizers were purchased; and it shall be the duty of the agricultural college to have its proper and authorized chemist to at once make a full and complete analysis of the manures or fertilizers contained in such bottles, jar or jars, and within thirty days thereafter return to such person or persons from whom the sample or samples were received a full and complete analysis of the said manures or fertilizers sent for analysis; and it shall be unlawful for any individual or any representative or agent of any corporation or firm, or any corporation or firm itself, to have, either directly or indirectly, communication with the agricultural college or its chemist, agent, or representative, or the sender of any sample with regard to the analysis of any manures or fertilizers sent to the agricultural college by the purchaser or purchasers thereof for analysis under the provisions of this section, nor shall the agricultural college nor its chemists nor its agent or agents or the sender of any sample furnish any information or communicate with any manufacturer of fertilizers about any such samples submitted for analysis until after a report of said analysis shall have been duly furnished to the applicant for such analysis under this section: Provided, That all samples sent to the Maryland Agricultural College by any purchaser or purchasers shall be drawn from at least 5 per cent of the total number of bags purchased,

these samples to be thoroughly mixed in a clean, dry place, and a suitable sample shall be taken from said mixture and placed in a suitable vessel or vessels carefully closed, with an identifying label, and the same then taken or sent by safe carriage to the said college for analysis. Every sample for analysis by the State chemist as provided for by this section shall be fully described in forms to be furnished by said chemist free of charge, said description giving a full and complete statement of the time and place of sampling, of all marks on the bags or packages thereof, and all of the facts relating to the same; said description and statements shall be made under affidavit before a justice of the peace or notary public, and the same shall be retained as confidential by said justice or notary until required by this act to be sent to the State chemist: Provided further, That the purchaser or purchasers sending such sample or samples of fertilizer shall withhold said description or descriptions of said sample or samples until he has received the report of the said State chemist of the analysis of the same. Any person or persons receiving an analysis from the State chemist under this act shall immediately thereafter forward to him the statement required by this act to be made at the time of taking the sample or samples; and any person or persons violating the provisions of this section shall be punished by a fine of $100; and any manufacturer, agent, or representative who shall be convicted of making false and fraudulent representations as to the quality and constituent elements of any fertilizers by the printed analysis upon any such bag or package shall be fined $100 for the first offense and $200 for every subsequent offense thereafter; and the report of the analysis of any such sample of fertilizer sent to the agricultural college for examination under this act shall be prima facie evidence as to the quality of the lot of fertilizer from which said sample was taken.

SEC. 7. The funds received by the comptroller from the licenses issued under this article shall be paid into the treasury and be set apart as a specific fund to pay the cost and expenses of conducting the analysis provided for in section 5, and the treasurer shall semiannually pay over to the Maryland Agricultural College the money received from said licenses; provided that the amount paid in any one year shall not be more than at the rate of section 15 for each sample of fertilizer analyzed by said college.

SEC. 11. It shall be the duty of all State's attorneys to prosecute all persons accused of violating any of the provisions of this article.

Article XLVIII. SEC. 51. A State horticultural department is established for the State of Maryland; its purpose is to suppress and eradicate the San Jose scale, peach yellow, pear-blight, and other injurious dangerous insect pests and plant diseases throughout the State of Maryland.

SEC. 52. The professor of entomology, the professor of vegetable pathology, and the professor of horticulture of the Maryland Agricultural College and Experiment Station shall be the State entomologist, State pathologist, and State horticulturist, respectively.

SEC. 53. The said horticultural department shall be under the control of the board of trustees of the Maryland Agricultural College and Experiment Station, to whom the officers created under this subtitle shall be responsible. The salary of the State entomologist and State pathologist shall be fixed by the said board of trustees, and the said board shall likewise fix the compensation of any assistant or assistants, employee or employees, and control all expenses thereof. The expenses of said department shall be paid out of an appropriation hereinafter provided for, and said board of trustees are invested with all powers necessary to carry into effect the provisions of this subtitle; but no expenses shall be incurred beyond the amount appropriated.

MASSACHUSETTS.

Constitution (1780), chapter 5: SEC. 2. Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties: and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this Commonwealth, to cherish the interesis of literature and the sciences, and all seminaries of them, especially the university at Cambridge, public schools, and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of

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