Provided, That all full appointments thereafter must be made before the 1st day of February of the regular biennial legislative year.

SEC. 3. In case a regent of education shall die, resign, remove from the State, or for any other reason vacate his office, or become permanently disqualified from performing its duties, the governor of the State shall fill the vacancy by suitable and prompt appointment, and such appointee shall be clothed with full authority as a regent, but his term of service shall cease and expire with the next legisla tive session unless sooner confirmed by the senate. But the governor shall not have power to fill any vacancies caused by the refusal of the senate to confirm, nor vacancies caused by his own neglect to nominate to the senate in time for confirmation.

SEC. 4. Immediately upon the appointment and confirmation of the first five persons above named in section 1 of this act the governor shall summon them to assemble forthwith at the capital of the State, whereupon each shall take an oath before a proper officer to support the Constitution of the United States and of this State, and to perform his duties as a regent of education to the best of his ability. As soon as they are thus properly qualified they shall organize by electing one of their number president and by the election of a secretary. Thus qualified and organized they shall have authority to make such rules as are necessary for their own government as a board, and they shall immediately assume the exclusive control and management of all the educational institutions which are maintained either wholly or in part by the State, and at once, thereupon the terms of office and all authority of all boards or persons, of whatsoever name, heretofore charged with this duty, shall cease and expire.

All persons subsequently appointed as regents shall each subscribe to a like oath of office before taking their seats, and all oaths of office of the regents of education shall be duly filed with the secretary of state.

SEC. 5. To facilitate their work the regents of education shall have power to appoint, of their own members, such committees as seem desirable, but they shall appoint a standing committee of regents for each institution under their control, whose chairman may be charged by them and under their rules with certain executive duties in connection with the institution for which he was appointed and which may need attention during the interim of board meetings. They are also empowered to employ a competent stenographer and bookkeeper.

SEC. 6. The regents of education shall hold two regular meetings each yearone to be known as the annual meeting and one as the semiannual meeting-at such stated times as shall best subserve the interests of the institutions under their control. Extra meetings may also be held in case of weighty emergency on the call of the president or by joint request of a majority of the members, due and reasonable notice always being given. Three regents shall constitute a quorum for doing business, but two may adjourn from day to day.

SEC. 7. The failure of any regent to attend two successive regular meetings, as herein provided, may be construed by the governor as a resignation, and he may proceed to fill the vacancy unless such absences were on account of temporary disabling sickness or other equally valid reason accepted by the regents at their next meeting.

SEC. 8. The regents of education, qualified and organized as prescribed in section 4 of this act, shall become, and they and their successors in office shall continue to be, a legal corporation or body corporate with power to sue and be sued. to hold and manage fully, for the purposes for which these educational institutions were established, any property belonging to said institutions, collectively or sev erally, or of which they shall in any manner become possessed; and all previous boards and persons having had custody of said property or control of said institutions shall at once turn over the same, together with all papers, records, contracts, or other archives belonging to said institutions, to the said regents of education. SEC. 9. The regents of education as a corporation shall have power to make contracts for service, for the erection of buildings, and for the purchase of all lands, materials, and supplies needed, and in the carrying out of such contracts they shall have power to expend moneys, to exact and collect penalties, and to purchase or sell property within the limitations of State and national law: Provided, That all contracts for the erection or repairs of buildings or for the purchase of fuel or other ordinary supplies exceeding in value $200 shall be by means of publicly advertised competing bids and by public letting: And provided further, That no regent shall be directly or indirectly pecuniarily interested in any such contract.

And said regents of education, as a board, may bring suit in the proper court having jurisdiction, in the name of the regents of education, to enforce any con

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tract made by them as such board, and may also bring suit in all matters relating to such property, or to the care, custody, control, management, or improvement thereof. And it is hereby made the duty of the attorney-general to prosecute any such suit upon the request of said board. Any moneys collected upon any judg ment obtained under the provisions of this act shall be paid into the State treasnry for the benefit of the educational institutions and credited to the proper fund or funds.

Any regent is authorized to administer oaths and examine witnesses whenever necessary in the performance of the duties of the board.

This act is intended to confer, and does confer, upon the regents of education all powers usually exercised by such boards and which are necessary to the proper legal management of the educational institutions placed under their control and the property belonging to the same.

SEC. 10. The regents of education, in their capacity as a board and for the purpose of exercising proper control over those institutions of learning which are placed in their care, shall have full power to employ or dismiss all members of the faculties of instruction of said institutions, all assistants, foremen, secretaries, laborers, or other agents necessary to the proper management of the institutions; to determine their number, their qualifications, define their duties, fix the period or term of their employment, and the rate and manner of their compensation: Provided, That no person shall be employed or dismissed by reason of any sectarian or political opinions held.

SEC. 11. The regents of education shall have full power to authorize for the institutions under their control such departments and courses of study as they may think best, to determine what text-books shall be used, what requirements for the admission and graduation of students shall be maintained, what rules shall be enacted and enforced for the government of students; and said regents shall have power to make all other rules and regulations for the wise and successful current management of the schools under their control. And, further, they are hereby empowered to delegate provisionally any of the authority given in this section to the presidents, deans, principals, or faculties of instruction of said schools as in the judgment of said regents may be proper or as may be in accordance with the usual custom in such cases.

SEC. 12. The regents of education shall fix all rates of tuition and of other fees to be paid by students, but such rates must be the same in all the different institutions. They may receive free of tuition two students appointed by each State senator and one by each representative of the State legislature in any one of the institutions under their control: Provided, That the period for which such appointment was made shall expire with the term of office of the said senator or representative: And provided, That such appointees shall be residents of the district or county whose senator or representative makes the appointment: And provided further, That such appointees shall comply with all the rules and requirements of the institution which they desire to enter. No student, however, shall receive any other gratuity whatever.

SEC. 13. The regents of education are hereby expressly forbidden to continue or to create chairs, departments, laboratories, libraries, or other equipment in multiplication, except where the obvious needs of the special work of the schools make such multiplication necessary. In all things the regents are to administer the schools in such a manner as to enable each one of them to do in the best manner its own specific work, but all with a view to the strictest economy and so as to unify and harmonize the entire work of all the schools under their control.

SEC. 14. The regents of education are authorized to confer all scholastic honors and degrees usually granted by such boards; but all degrees, diplomas, and certificates of graduation shall be issued and conferred in their name and by their express authority. In conferring degrees the regents shall conform as nearly as may be to the best and most reputable current practice in such matters. Students shall be graduated from any one of these institutions by the regents of education upon recommendation of the appropriate faculty of that institution. A certificate of graduation from a full course in any one of the normal schools or from the State University, provided the graduate of the university has taken a course in pedagogy as given in that institution, shall be a license valid for five years to teach in any of the public schools of this State.

SEC. 15. The United States agricultural experiment station for South Dakota, being by national law a department of and under the direction of the agricultual college, shall be under the exclusive control of the regents of elucation, just as other departments and institutions are under their control.

SEC. 16. The regents of education are authorized to encourage and provide for

farmers' institutes to be conducted by members of the agricultural college faculty, or by anyone else designated by said regents, and the said regents are likewise authorized to encourage and as far as possible provide for any other form of university extension work which is feasible and of value to the people.

SEC. 17. All officers of the board shall be elected for one year, and the election, except in case of vacancies, shall be held at the annual meeting.

SEC. 18. The regents of education shall receive no compensation for their services, but each shall be paid $5 per day for every day's service to cover his actual expenses, and this per diem shall be paid upon their itemized and properly certified vouchers from the State treasury upon the warrant of the auditor of state: Provided, That any regent serving from the Black Hills region shall receive $25 extra for attendance upon any meeting east of the Missouri River, but not exceeding $50 for any one fiscal year: And provided, That the entire sum paid for any one year to said regents of education shall not exceed $1,000.

SEC. 19. In the general appropriation for State purposes the sum of $2,600, or so much thereof as may be needed, shall be provided each year for the per diem of the regents of education, for the salary of their secretary and stenographer, and for such blanks, books, stationery, and postage as may be needed.

SEC. 20. The State treasurer shall be the treasurer of the reg nts of education, and he shall perform all the duties of such office, subject to such regulations as they may adopt not inconsistent with his other official du ies, and he and his sureties shall be liable on his official bond for the faithful discharge of such duties. Said treasurer shall have authority to receive and receipt for all moneys arising from any source for the use of any of the educational institutions under the control of the said regents, and he shall keep such separate accounts of the several funds as they shall prescribe. All moneys received from rents of dormitories, tuition, or other fees authorized by the regents of education, or from articles, products, or materials sold by their authority, shall be collected by some person designated by said regents for each institution to make such collections, under proper bonds, and said person shall transmit to the State treasurer at the close of each calendar month all moneys thus received by him during that month; and no other person shall be permitted to collect or hold any money belonging to said institutions. Moneys received from the National Government under any of the various grants shall be payable to the State treasurer as treasurer of the regents of education, and shall be receipted for by him. All moneys received as interest on the National land-grant funds or from leases of the land granted to these institutions under the control of the regents of education shall be paid to the State treasurer, and shall be credited by him to the proper educational institutions. At once on receiving moneys from any source the State treasurer shall notify the secretary of the regents of education of the amount, the source from which received, and the fund to which credited.

SEC. 21. There is annually and perpetually appropriated to the regents of edu cation for the exclusive and legal use of the educational institutions under their control all moneys received froin their endowment land grant as interest or rent, all local collections from fees of any kind or from rents or sales authorized, all United States money grants of any kind, all moneys derived from any source to be used by the regents of education for the proper and legal maintenance of the institutions under their control.

SEC. 22. No expenditures shall be made except by express authority of the regents of education first obtained, and no indebtedness shall ever be permitted or incurred except against funds already available for such purpose, and no expenditure from any fund shall, under any circumstances, be made except for the legal purpose for which said fund exists and for the institution to which it belongs. The method in detail of making expenditures, purchases, etc., except so far as they are specified by section 10 of this act, shall be left to the discretion of the regents of education.

SEC. 23. Whenever a properly audited and authenticated voucher of the regents of education is presented to the auditor of State, it shall be his duty to transmit promptly to the office of secretary of the regents of education his warrant for a corresponding sum on the State treasurer, unless said voucher shall overdraw the fund from which it is made payable.

SEC. 21. The regents of education shall, on or before the 15th day of December previous to each biennial session of the legislature, prepare and present to the governor of the State, for his use and for the use of the legislature, a full detailed report of all their doings for the preceding two years, with a statement of the work and the condition financially and educationally of all the institutions under their control, with such recommendations as they may desire to make, and with detailed estimates for legislative aid, if in their judgment any is needed. They

shall also, by themselves or their authorized representative, attend upon the session of the legislature whenever required so to do by a committee of either house. They shall also prepare, or cause to be prepared and transmitted at proper times, all reports required of them by the United States laws. (March 5, 1897.)

TENNESSEE.

The following matter is taken from the Annotated Code of Tennessee, by R. T. Shannon, Nashville, Tenn., 1896.]

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SEC. 352. The act of Congress of the United States, approved July 2, 1862, and subsequent acts, and especially all the conditions set forth in the fifth section thereof, and numbered first, second, third, fourth, fifth, and sixth, are accepted by the State of Tennessee upon the conditions prescribed. (Laws of 1865 and 1867–68.)

[The act of February 1, 1968, provides for the sale of the land scrip received by the State and for the investment of the proceeds in 6 per cent interest-bearing bonds of the State.]

SEC. 353. The proceeds of the sale of the agricultural scrip appropriated by Congress for the establishment of an institution of learning devoted to agricultural and the mechanic arts are appropriated to the University of Tennessee, upon the restrictions and conditions mentioned in this article. (Laws of 1868-69 and 1879.) SEC. 354. The State of Tennessee assents to the conditions of an act of the United States Congress approved March 3 [2], 1887, and authorizes the treasurer of the University of Tennessee to accept any grants of money authorized by that act in the State of Tennessee, and to give his official receipt for the same. (Laws of 1887.)

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SEC. 355. Said grants of money to Tennessee shall, as a part of the agricultural fund, be committed to the trustees of the University of Tennessee, now in charge of the State experiment station, there to be applied as the said act of Congress directs, and all results and expenditures shall be reported in accordance with the provisions of the act making the grants which are hereby accepted. (Laws of 1887.)

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SEC. 356. The State of Tennessee assents to the purpose of the act of the United States Congress approved August 30, 1890, and empowers the treasurer of the University of Tennessee to accept the whole of said grants of money authorized by the said act to be paid in the State of Tennessee, and to give his official receipt for the same. (Laws of 1891.)

SEC. 357. Said grants of money to Tennessee shall, as a part of the endowment and support of the college for the benefit of agriculture and the mechanic arts, established by contract of this State with the trustees of the University of Tennessee, be committed to the trustees of the said university, in accordance with the requirements of the act of Congress making the grants, to be applied by them as the said act of Congress directs; and all results and expenditures shall be reported in accordance with the provisions of the act making the grants, all of which are hereby assented to and accepted for this State. (Laws of 1891.)

SEC. 358. It shall be the duty of the trustees of said university to establish an agricultural college so as to strictly conform to the Congressional enactment making the appropriation; and the fund hereby appropriated shall be used only according to the terms of the Congressional enactment making the appropriation to the State. (Laws of 1868–69.)

SEC. 359. As soon as the trustees of said university shall have completed buildings for the accommodation of 275 students, and shall have furnished the same with appropriate school furniture, and shall have provided suitable lands not less in extent than 200 acres, so that the whole property shall be worth, at a fair estimate of values, not less than $125,000, it shall be lawful for the governor of the State to issue to the trustees of said university the bonds of the State in which the proceeds of the sale of the agricultural scrip have been invested. (Laws of 1868-69.) SEC. 360. The secretary of state shall register the number and denominations of the bonds issued to the trustees of said university, and shall also cause the character of the issue to be indelibly printed upon the bonds, and shall retain a file of said numbers and denominations in his office. (Laws of 1868-69.)

SEC. 361. Two hundred and seventy-five students from the State of Tennessee shall at all times be entitled to receive free tuition in said university, the said students to be appointed by the several senators and representatives in the general assembly of the State, each senator being entitled to appoint two and each repreED 1903

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sentative three students, according to the population of the counties represented by them. (Laws of 1873 and 1879.)

SEC. 362. In order to secure more regularity in the appointment of State cadets in the University of Tennessee by senators and representatives, as provided by law, and to secure greater usefulness of their appointments to the State at large, it shall be the duty of the State superintendent, in the month of May in each year, to issue notice to the county and city superintendents of schools throughout the State, requiring them to hold public examinations of candidates for appointment in their respective counties or cities, and giving full and uniform directions with reference to the subject and method of such examinations. (Laws of 1879.)

SEC. 363. It shall be the duty of the county and city Superintendents, on the receipt of such directions, to give due public notice thereof for not less than ten days, and in the month of June each shall proceed to hold such examination or examinations as may be necessary in his county or city, engaging, if necessary, the assistance of suitable persons, but without cost to the State; and on the conclusion of such examination, or within ten days thereafter, he shall transmit a list of the qualified candidates in their order of merit, as determined by the examinations, to the State superintendent of public instruction, who shall keep a roll of the names by counties and cities in his office. (1 (Laws of 1879.)

SEC. 364. It shall be the duty of the State superintendent on the receipt of such list from any county or city superintendent to communicate the same to the senators or representatives thereof, with the number of vacancies in such appointments actually existing for the said county or city, which shall be ascertained from the roll of the university, and the said senators and representatives may then proceed to make their appointments from the said lists, notifying the same to the State superintendent, who shall keep a roll thereof in his office and communicate the same to the president of the university. (Laws of 1879.)

SEC. 365. If in any county or city the list of qualified candidates should not be sufficient for the appointment as now authorized by law, any senator or representative may make his appointment from any other county or city in which there may be a surplus of qualified candidates after the senator and representative or senators and representatives thereof shall have completed their appointments. (Laws of 1879.)

SEC. 366. If by the 10th day of August there shall still remain vacancies unfilled by senators or representatives, the president of the university shall be authorized to fill the same from the list of qualified candidates up to the number authorized by law: Provided, That such appointments by the president shall be for one year only, and in making the same preference shall be given to counties and cities whose quota has not been filled and to those persons therein who stood highest in the order of merit. (Laws of 1879.)

SEC. 367. In the event of a vacancy occurring in any of the aforesaid appointments in any county or city in which the list of qualified candidates has been exhausted it shall be the duty of the county or city superintendent, on the written request of any senator or representative of such county or city, to hold such examination as is herein provided for such applicant or applicants as may be reconmended by the said senator or representative and to proceed therewith in the form and manner herein provided; but nothing herein shall be construed to limit or abridge the right of appointment by senators or representatives as authorized by law. (Laws of 1879.)

SEC. 368. The profits arising from crops on the agricultural farm shall be annually applied by the board of trustees toward paying the necessary expenses of students who are in indigent circumstances; and the trustees are required to carry on a farm under such regulations as they may prescribe, and to require all students who are physically able to labor on said farm, but not exceeding two hours each day, except in the way of punishment, should the trustees or faculty adopt such system of correction of the pupils. (Laws of 1868–69.)

SEC. 369. The governor of the State, the secretary of state, and the State superintendent of public instruction shall be ex officio members of the board of trust es of said university. (Laws of 1868-69.)

Spc. 370. The board of trustees of said university shall deposit with the secretary of state their bond, made payable to the State of Tennessee, with security, approved by the governor of the State and the comptroller of the State, in double the amount of the issue of said bonds to the trustees of said university, said bond to contain all the details of the Congressional enactment making the appropriation, and the legislative enactments accepting the same, and to bind said trustees to carry them into effect, all and singly. (Laws of 1868-69.)

SEC. 371. The board of trustees of the university, receiving its foundation and endowments by the munificence of the United States Government and that of the