Natural History] shall by inclosure and improvements put said square in a sightly and attractive condition.

SEC. 9. Upon the passage of this act the governor, with the advice and consent of the council, shall appoint three disinterested persons who shall appraise the value of all the lands specified in the third and eighth sections of this act and make a return of said appraisal to the governor and council; and if, when the lands mentioned in section 8 shall have been sold, the proceeds of such sales shall not be equal to the whole amount of the appraisal above mentioned, then the societies named in this act shall pay the amount of such deficit into the treasury of the Commonwealth for the school fund in proportion to the area granted to them, respectively.

SEC. 10. This act shall be null and void unless its provisions shall be accepted within one year by the Massachusetts Institute of Technology and the Boston Society of Natural History, as far as they apply to those societies, respectively. (Approved April 10, 1861.)

Ibid., 1863, chapter 186: SECTION 1. When the Massachusetts Institute of Technology shall have been duly organized, located, and established in conformity with the provisions of chapter 183 of 1861, and the extension of time granted in 1862 and as is hereinafter provided, there shall be appropriated and paid to its treasurer each year, on the warrant of the governor, for its endowment, support, and maintenance one-third part of the annual interest or income which may be received from the fund created under and by virtue of the act of Congress approved July 2, 1862, and the laws of this Commonwealth accepting the provisions thereof and relating to the same.

SEC. 2. Said institute of technology, in addition to the objects set forth in its act of incorporation—to wit, instituting and maintaining a society of arts and a school of industrial science, and aiding the advancement, development, and practical application of science in connection with arts, agriculture, manufactures, and commerce-shall provide for instruction in military tactics: and in consideration of this grant the governor, the chief justice of the supreme judicial court, and the secretary of the board of education, shall be each a member ex officio of the government of the institute.

SEC. 3. Should the said corporation, at any time, cease or fail to maintain an institute, as and for the purposes provided in its act of incorporation, and in the foregoing section, the aid granted to it by the first section of this act shall be withheld and not paid to it. The institute shall furnish to the governor and council a copy of the annual reports of its operations.

SEC. 4. This act shall be void unless the said institute of technology shall accept the same, and give due notice thereof to the secretary of the Commonwealth on or before July 1 next. (Approved April 27, 1863.)

Ibid., 1865, chapter 220: SECTION 1. The Massachusetts Institute of Technology is hereby authorized to hold real and personal estate to an amount of which the clear annual income shall be $30,000, to be devoted exclusively to the purposes and objects set forth in its acts of incorporation and all acts in addition thereto. (Approved May 10, 1865.) /

Ibid., 1873, chapter 174: SECTION 1. Perpetual right is granted to the Massachusetts Institute of Technology to hold, occupy, and control, free of rent or charge by the Commonwealth, for the uses and purposes of said institute, a parcel of land situated in that part of Boston called the Back Bay, and described as follows: A lot in the form of a trapezoid, lying at the intersection of Boylston street and Huntington avenue, bounded by said street and avenue, and on the west by abutting land, as laid down on the selling plan of the commissioners on public lands, and containing 13,194 square feet; said lot to be subject to the limitations and stipulations relative to lands of the Commonwealth on the south side of Boylston street, and to be reserved from sale forever.

SEC. 2. The right hereby granted to said institute shall be held subject to the same stipulations in relation to membership, the reception of pupils, the erection of a building, and the care of the lot, as are created and established by the several acts relating to said institute.

SEC. 3. In case said institute appropriates said lot of land to any purpose or use foreign to its legitimate objects, then the Commonwealth, after due notice given, may enter upon said lot and take possession thereof, and the right of the said institute to the use, occupation, and control of said lot shall thereupon cease. (Approved April 8, 1873.)

Ibid., 1875, chapter 195: SECTION 1. The governor and council are hereby authorized to grant to the Massachusetts Institute of Technology the right to hold,

ED 1903-5

occupy, and control such a parcel of land out of the lands of the Commonwealth, situated in that part of Boston called the Back Bay, as they shall deem a fair equivalent for the similar right with regard to the parcel of land granted to said institute by chapter 174, acts of 1873.

Ibid., 1850, Resolves, chapter 21: That the governor be, and hereby is, authorized to issue to the president of the Massachusetts Institute of Technology such arms and equipments for the use of the students of said institute as in his judgment may be so distributed without detriment to the militia service: Provided, The president and treasurer of said Massachusetts Institute of Technology shall give bond with sufficient sureties for the safe-keeping and return of said arms and equipments in good order and condition, reasonable use excepted, whenever the governor shall so direct. (Approved March 11, 1880.)

Ibid., 1887, Resolves, chapter 103: That there be allowed and paid ont of the treasury of the Commonwealth the sum of $100,000 to the corporation of the Massachusetts Institute of Technology in the manner following: An installment of $50,000 on the 1st day of December in the present year and a final installment of $50,000 on the 1st day of December in the year 1888, said sums to be applied to the purposes of the institute; and in consideration of this grant said institute shall establish and maintain 20 free scholarships, and each senatorial district in this Commonwealth shall, once in eight years, in such alternate order as the board of education shall at the time of the first appointment of said scholarships determine by lot be entitled to one scholarship for a period of four years, to be awarded to such candidates as shall be found upon examination to possess the qualifications fixed for the admission of students to said institute, and who shall be selected by the board of education, preference in the award being given to qualified candidates otherwise unable to hear the expense of tuition. In case no candidate appears from a senatorial district, then a candidate may be selected from the State at large to fill such vacancy, who may continue to hold the scholarship annually until a candidate is presented from the senatorial district unrepresented, who shall then be awarded the scholarship for the balance of the time for which said district would originally have been entitled to its benefit. In case a vacancy occurs in any senatorial district after an appointment has been made, then a candidate from the same district shall be selected for the balance of the time for which said district is entitled to its benefit, or in the event of no such candidate appearing, from the State at large, upon the conditions previously set forth: Provided, That said corporation shall secure, prior to the first payment above authorized, a further sum of $100,000, in addition to the funds now held by it, and to be applied to the purposes of the said institute, and shall present satisfactory evidenco thereof to the auditor of the Commonwealth. (Approved June 16, 1887.)

Ibid., 1888. Resolves, chapter 83: That there be allowed and paid out of the treasury of the Commonwealth the sum of $100,000 to the corporation of the Massachusetts Institute of Technology, in addition to the sum authorized to be paid by chapter 103 of the resolves of 1887, to be applied to the purposes of said institute, provided, however, that this grant is made subject to and conditional upon the establishment and maintenance of the scholarships provided for by chapter 103 of the resolves of 1887, and provided further, that $50,000 of the aforesaid sum shall be paid during the year 1889 and $50,000 during the year 1890. (Approved May 23. 1888.)

Ibid., 1895, Resolves, chapter 70: That there shall be paid annually, for the term of six years, from the treasury of the Commonwealth to the treasurer of the Massachusetts Institute of Technology, the sum of $25,000, to be so paid and allowed from the 1st day of January in 1896, to be expended under the direction of said corporation for the general purposes of said institute. That in addition to the amount provided for above there shall be paid annually, for the term of six years, from the treasury of the Commonwealth to the treasurer of the Massachusetts Institute of Technology, the sum of $2.000, to be so paid and allowed from the 1st day of January, 1896, to be expended for 10 free scholarships, under the direction of the State board of education, said scholarships to be awarded only to graduates of the Massachusetts public schools. (Approved April 17, 1895.)

Ibid., 1896, chapter 310: SECTION 1. There shall be paid annually from the treasury of the Commonwealth to the treasurer of the Massachusetts Institute of Technology, from and after the 1st day of September, 1896, the sum of $4,000.

SEC. 2. In consideration of such payment and of the grant made by chapter 103 of the resolves of 1887, the Massachusetts Institute of Technology shall maintain 40 free scholarships, of which each senatorial district in the Cominonwealth shall be entitled to one, if a candidate is presented who is otherwise unable to bear the expense of tuition. In case no such candidate appears from a senatorial district, then a candidate may be selected from the State at large to fill such vacancy, who

may continue to hold the scholarship annually until a candidate is presented from the senatorial district unrepresented.

SEC. 3. The scholarships shall be awarded to such pupils of the public schools of Massachusetts as shall be found upon examination to possess the qualifications fixed for the admission of students to said institute, and who shall be selected by the board of education, preference in the award being given only to qualified candidates otherwise unable to bear the expense of tuition.

SEC. 4. So much of chapter 103 of the resolves of 1887 as relates to State scholarships, and so much of chapter 70 of the resolves of 1895 as provides an annual appropriation of $2.000 for the maintenance of 10 free scholarships, are hereby repealed. (Approved April 27, 1896.)

Ibid., 1897, chapter 31: SECTION 1. The sum of $29,000 is hereby appropriated to be paid out of the treasury of the Commonwealth from the ordinary revenue to the Massachusetts Institute of Technology. (Approved February 2, 1897.) Same for 1838, 1899, 1900, 1901, 1902.

Ibid., 1898. Resolves, chapter 493: SECTION 1. The State board of education may in its discretion award that any free scholarship which either the Massachusetts Institute of Technology or the Worcester Polytechnic Institute is required to maintain under the provisions, respectively, of chapters 310 and 407 of 1896, shall be divided between two pupils. The scholarships so divided shall be called half scholarships, and neither of said institutions shall require from any pupil to whom a half scholarship has been awarded payment of more than one-half of the regular charge or fee for tuition paid by pupils not holding scholarships. (Approved June 2, 1898.)

Ibid., 1901, Resolves, chapter 51: That there be paid annually for the term of ten years, from the treasury of the Commonwealth to the treasurer of the Massachusetts Institute of Technology, the sum of $25,000, to be so paid and allowed from the 1st day of January, 1902, and to be expended under the direction of the institute for the general purposes thereof. (Approved April 4, 1901.)

MICHIGAN.

Constitution (1850), Article IV: SEC. 40. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary, nor shall property belonging to the State be appropriated for any such purposes.

Article XIII: SEC. 2. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated by the State for like purposes shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant, or appropriation.

SEC. 11. The legislature shall encourage the promotion of intellectual, scientific, and agricultural improvement; and shall, as soon as practicable, provide for the establishment of an agricultural school. The legislature may appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same à branch of the university for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the regents of the university.

The following matter is taken from The Compiled Laws of the State of Michigan, 1897, 1 y Lewis M. Miller, 3 vols, and index, Lansing, 1899.]

SEC. 1834. A board is hereby constituted and established which shall be known under the name and style of the State board of agriculture.” It shall consist of six members besides the governor of the State and the president of the State Agricultural College, who shall be ex-officio members of the board. The governor, by and with the consent of the senate, on or before the third Wednesday of January of each biennial session, shall appoint two suitable persons to fill the vacancies that shall next occur, which vacancies shall be so filled that at least onehalf the members shall be practical agriculturists.

SEC. 1835. The State board of agriculture shall be a body corporate, capable in law of suing and being sued, of taking, holding, and selling personal and real

estate, of contracting and being contracted with, of having and using a corporate seal, and of causing to be done all things necessary to carry out the provisions of this act.

SEC. 1836. Any vacancy in the said board caused by death, resignation, or removal from the State may be filled by a majority of the members. A majority shall be a quorum for the transaction of business. The members of the board shall receive no per diem compensation for their services, but shall be paid their traveling and other expenses while employed on the business of the board.

SEC. 1837. They shall meet quarterly at stated times at the State Agricultural College, and may meet at such other times and places as they may determine. SEC. 1838. At their first meeting the members shall choose one of their number as president of their own board.

SEC. 1839. At their first meeting, or as soon after as a competent and suitable person can be obtained, they shall choose a secretary of the board. If chosen from their own number, a vacancy shall be thus created in the board. A treasurer shall also be chosen, at their first meeting, who may or may not be from the members of their board, as they shall determine. They shall take such bonds from the secretary and treasurer as shall be deemed adequate to secure the faithful performance of their duties by those respective officers. The secretary and treasurer shall be chosen biennially and shall hold their offices for two years from the last Wednesday of February, or till their successors are chosen.

SEC. 1840. The board shall direct the disposition of any moneys appropriated to the State Agricultural College.

SEC. 1841. The secretary of the board shall reside at or near the agricultural college, and keep his office at the city of Lansing in the State buildings, or at the institution, as the board shall direct. It shall be his duty to keep a record of the transactions of the State board of agriculture and of the State Agricultural College and farms, which shall be open at all times to the inspection of any citizens of this State. He shall also have the custody of all books, papers, documents, and other property which may be deposited in his office. [Here follows a long enumeration of duties not strictly appertaining to the agricultural college but rather to the agricultural and horticultural interests of the State.]

SEC. 1843. The secretary shall receive as a compensation for his services a salary of $1,000 per annum, to be paid quarterly from the State treasury, in the same manner as is provided by law for the payment of the salaries of State officers.

SEC. 1844. The State agricultural school, established by an act, No. 130, 1855, in obedience to section 11, article 13, of the constitution, shall be known by the name and style of The State Agricultural College." The design of the institution, in fulfillment of the injunction of the constitution, is to afford thorough instruction in agriculture and the natural sciences connected therewith. To effect that object most completely the institution shall combine physical with intellectual education and shall be a high seminary of learning in which the graduate of the common school can commence, pursue, and finish a course of study terminating in thorough theoretic and practical instruction in those sciences and arts which bear directly upon agriculture and kindred industrial pursuits.

SEC. 1845. [Amended by act No. 202, 1901, q. v.] No student shall be admitted to the institution who is not fifteen years of age and who does not pass a satisfactory examination in arithmetic, geography, grammar, reading, spelling, and penmanship.

SEC. 1846. The course of instruction shall embrace the English language and literature, mathematics, civil engineering, agricultural chemistry, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, and such other natural sciences as may be prescribed, technology, political, 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.

SEC. 1847. A full course of study in the institution shall embrace not less than four years. The State board of agriculture may institute winter courses of lectures for others than students of the institution under necessary rules and regulations.

SEC. 1848. The academical year shall consist of not less than nine calendar months. This academical year may be divided into such terms by the State board of agriculture as, in their judgment, will best secure the objects for which the college was founded. The board may at any time temporarily suspend the college in case of fire, the prevalence of fatal diseases, or of other unforeseen calamity. SEC. 1849. Three hours of each day shall be devoted by every student of the college to labor upon the farm, and no person shall be exempt except for physical disability. By a vote of the board of agriculture, at such seasons and in such exi

gencies as demand it, the hours of labor may be increased to four hours or diminished to two and one-half hours.

SEC. 1850. The State board of agriculture shall be vested with discretion to charge tuition or not, as they may deem most conducive to the interests of the institution, unless acts of the legislature making appropriations shall otherwise direct. The board may make discriminations in regard to tuition between students from this State and from other States. One-third of the tuition charged for the academic term shall be paid in advance and shall be forfeited in case the student abandons the institution.

SEC. 1851. The State board of agriculture shall have the general control and supervision of the State Agricultural College, the farm pertaining thereto, and the lands which may be vested in the college by State legislation; of all appropriations made by the State for the support of the same, and also the management of any lands that may hereafter be donated by the General Government to this State in trust for the promotion of agriculture and industrial pursuits. The board shall have plenary power to adopt all such ordinances, by-laws, and regulations not in conflict with this act, as they may deem necessary to secure the successful operation of the college and promote its designed objects.

SEC. 1852. It shall be the duty of the State board of agriculture to choose a president of the State Agricultural College before the commencement of the next term of the institution; they shall then proceed to choose such professors, tutors, and employees as the necessities of the institution demand. In case of vacancy in the office of president, or in case a suitable man can not be selected, the president of the State board of agriculture or such member of the board as shall be designated by them shall be president pro tem. of the college, who shall receive such compensation for his services as the board shall determine.

SEC. 1853. The board shall fix the salaries of the president, professors, and other employees, and prescribe their respective duties. The board may remove the president or subordinate officers and supply all vacancies.

SEC. 1854. The board shall have power to regulate the course of instruction and prescribe, with the advice of the faculty, the books to be used in the institution, and also to confer for similar or equal attainments similar degrees or testimonials to those conferred by the University of Michigan.

SEC. 1855 [as amended by laws, 1901, No. 202]. The president, professors, farm manager, and tutors shall constitute the faculty of the State Agricultural College. The president of the college shall be the president of the faculty, and the faculty shall select one of their own number to act as secretary of the faculty.

SEC. 1856. The faculty shall pass all needful rules and regulations necessary to the government and discipline of the college, regulating the routine of labor, study, meals, and the duties and exercises, and all such rules and regulations as are necessary to the preservation of morals, decorum, and health.

SEC. 1857. The faculty shall have charge of the laboratories, library, and museums of the institution.

SEC. 1858. The faculty shall make an annual report by the first Wednesday of December of each year to the State board of agriculture, signed by the president and secretary, containing such information and recommendations as the welfare of the institution in their opinion demands. Any members of the faculty may make a minority report if they disagree with the conclusions of the majority, which the faculty shall communicate to the board. No communication at any other time, from members of the faculty, shall be entertained by the board, unless they have been submitted to a meeting of the faculty and sanctioned by a majority. SEC. 1859. The president shall be the chief executive officer of the State Agricultural College, and it shall be his duty to see that the rules and regulations of the State board of agriculture and the rules and regulations of the faculty be observed and executed.

SEC. 1860. The subordinate officers and employees not members of the faculty shall be under the direction of the president, and, in the recess of the board, removable at his discretion, and he may supply vacancies that may be thus or otherwise created; his action in these respects shall be submitted to the approval of the State board of agriculture at their next meeting.

SEC. 1861. The president may or may not perform the duties of a professor, as the State board of agriculture shall determine. If he performs the duties of a professor, or in case the duties of president are exercised by a president pro tem., a superintendent of the farm may be appointed, who shall have the general superintendence of the business pertaining to the farm, the land, and other property of the institution and who shall be a member of the faculty.

SEC. 1862. The president and secretary, together with the superintendent of the farm, if there be one, and in case there is not one, then one of the professors, to