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EDUCATION REPORT, 1901-1902.

The immediate government of the several departments shall be intrusted to their respective faculties, but the board of regents shall have the power to regulate the course of instruction, and prescribe, under the advice of the holders of the professorships, the books to be used and authorities to be followed in the several departments, and also to confer such degrees and grant such diplomas as are usually conferred and granted by other universities.

SEC. 3635. The board of regents shall have power to remove any officer or employee connected with the institution, other than the chancellor or member of the board of regents, when, in their judgment, the interests of the university require it.

SEC. 3636. The fee of admission to the university shall never exceed the sum of $20, and the charge for tuition in any of the departments shall never exceed in one year, to the residents of the Territory, $50, and as soon as the increase of the university fund will permit, the tuition in the first and second departments shall be without charge to all students in the same who are residents of the Territory. SEC. 3637. The board of regents are authorized to expend such portion of the income of the university fund and the funds hereinafter provided for said university as they may deem expedient for the erection of suitable buildings upon the grounds hereinafter provided for, and the purchase of apparatus, a library, and cabinet of natural history and mineralogy.

SEC. 3638. The board of regents shall make a report annually to the governor of the Territory on or before the 2d day of January of each year, exhibiting the state and progress of the university in its several departments, the course of study followed, the number of professors employed and of students in attendance, the amount of receipts and expenditures, and such other information as they inay deem proper. Meetings of the board may be called in such manner as the board of regents may prescribe, and any two of them, with the chancellor, at a meeting regularly called, shall be a quorum for the transaction of business, and a less number may adjourn from time to time. No sectarian tenets, opinions, doctrines, or principles shall be taught in any of the departments of said university, nor shall adhesion to any sectarian tenet or opinion be required to entitle any person to be admitted as a student in said university, and no such tenets or opinions shall be required as a qualification for any person as a regent, tutor, or professor of such university.

SEC. 3639. The compensation of said board of regents shall be $5 per day each for each day's actual attendance upon said board, and 10 cents per mile for each mile actually traveled to and from the place of meeting: Provided, That only one mileage shall be allowed each member for each session: And provided, That no member of said board shall receive compensation in any one year exceeding the sum of $150.

SEC. 3640. For the support of said university, in addition to the provisions hereinbefore made, there shall be, and is hereby, appropriated the proceeds from the sale of all lands that have been or may hereafter be granted by the United States to the Territory for university purposes, or of any moneys granted by the same for like purposes, and the proceeds of all lands, money, or other property given by individuals or appropriated by the Territory for the like purpose, all of which shall be and remain a perpetual fund, the interest or 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 object of the original gift, grant, or appropriation; and no such money, property, or proceeds shall under any pretense be applied, used, or loaned for any uses or purposes whatsoever.

SEC. 3642. There shall be a Territorial museum for the collection and preservation of the archaeological resources, specimens of the mineral wealth, and the flora and fauna of the Territory.

SEC. 3643. The regents of the university shall direct and manage the affairs of the museum.

SEC. 3644. There shall be set apart in the rooms of the Territorial university a sufficient amount of space to accommodate such articles as may be received for the Territorial museum, which shall be under the direct supervision of the board of regents of the university.

SEC. 3649. Whenever hereafter any student of the University of Arizona shall be expelled by the faculty or board of regents of said university, the said student so expelled shall be required to give up to the said board of regents his cadet's uniform.

SEC. 3650. The board of regents is authorized, and is hereby required, upon the surrender of the cadet's uniform by any student or cadet expelled, to pay, out of any moneys on hand in the "University of Arizona fund" not otherwise appro

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priated, the cost price of said uniform, the money to be paid to the parent or guardian of said student or cadet.

SEC. 3651. Any student or cadet of said University of Arizona who has been expelled from the said university and after said expulsion is found wearing a cadet's uniform in any public place is guilty of a misdemeanor, and on conviction therefor subject to a fine of not less than $10 and, in default of the payment of the fine, to five days' imprisonment in the county jail.

SEC. 3652. There shall be levied annually, in addition to all other taxes directed to be levied and collected, a tax of three-fifths instead of two-fifths of a mill, as heretofore provided by law, on each $1 of assessed value of all real and personal property in the Territory of Arizona, and, when collected, to be placed by the Territorial treasurer in the fund known as the university fund. The Territorial auditor shall certify the rate of tax as above stated to the several boards of supervisors throughout the Territory, and said board of supervisors are hereby directed and required to enter such rate on the assessment rolls of their respective counties in the same manner and with the same effect as is provided by law in relation to other Territorial or county taxes. The tax levied under the authority of the provisions of this act is hereby made a lien against the property assessed, which lien shall attach on the first Monday in February in each year, and shall not be satisfied or removed until such tax is paid.

SEC. 3653. The board of regents of the University of Arizona are authorized to expend such portion of the university fund and such other funds as may be provided for the said university as they may deem expedient for the erection and furnishing of suitable buildings and the support and maintenance of said university. SEC. 3654. The Territorial auditor is hereby authorized and directed to draw his warrant on the Territorial treasurer for all claims approved and allowed by the said board of regents under the provisions of this act, and the Territorial treasurer is hereby authorized and directed to pay said warrants out of any moneys in the university fund.

SEC. 3655. For the purpose of carrying out the provisions of this act a loan of $25,000 is hereby authorized to be negotiated and made on the faith and credit of the Territory of Arizona and to bear interest at the rate of 5 per cent per annum. SEC. 3656. The treasurer of the Territory of Arizona is hereby authorized and directed to issue and deliver to said "board of regents of the University of Arizona," and said board of regents are hereby authorized to sell not exceeding $25,000 of the bonds of this Territory, bearing interest at 5 per cent per annum, which interest shall be payable annually in gold coin of the United States on the first Monday in January in each year at the office of the Territorial treasurer. The principal of said bonds shall be, and is, expressly made payable in gold coin of the United States, within twenty years after the date of their issue, and shall be of such denomination as the said board of regents shall direct, and shall bear the date of their issue and shall be signed by said treasurer of the Territory of Arizona and countersigned by the president of said board of regents in his official capacity, and shall have the seal of the said board of regents affixed thereto, and the faith of the Territory of Arizona is hereby pledged for the payment of said bonds and the interest accruing thereon, as herein provided.

SEC. 3657. Coupons for the interest accruing on said bonds shall be attached thereto severally, so that they may be removed without injury or mutilation to the bond. Said coupons shall be consecutively numbered, and shall bear the number of the bond to which they are attached, and shall be signed by the Territorial treasurer.

SEC. 3658. Said bonds shall be prepared and signed by the treasurer of the Territory of Arizona, with said coupons attached thereto, and delivered to said board of regents of the University of Arizona at any time hereafter and as soon as practicable after said treasurer shall have been requested by said board of regents so to do, taking receipt of said board therefor.

SEC. 3659. The expense incurred by the Territorial treasurer in having said bonds prepared shall be paid out of the general fund of the Territory, from any money therein not otherwise appropriated, to be expended only upon warrants drawn by the Territorial auditor upon the certificate of the Territorial treasurer that the expense has been incurred and that the claim is just.

SEC. 3660. It shall be the duty of the Territorial treasurer to keep and transmit to his successor a permanent record of all bonds issued under the provisions of this act, and it shall be the duty of said board of regents of the University of Arizona also to keep a permanent record in the office of said board and of all bonds sold, the name of the purchaser, and price received by said board under the provisions of this act, and transmit to the governor a certified copy of said record as soon as said bonds shall have been sold.

SEC. 3661. The board of regents of the University of Arizona is hereby authorized to demand of and receive from the treasurer the bonds authorized by this act to be issued and sold, or such part of the same as in the judgment of this board shall be necessary to carry out the purposes of this act, and after the same shall have been countersigned by the chancellor of the University of Arizona the said board of regents is hereby authorized to sell said bonds for the purpose of constructing and furnishing upon the grounds of the university the necessary buildings to provide proper accommodations for a museum, a library, and administrative offices of the university. Any moneys received by said board from the sale of bonds and not expended under the provisions of this act for constructing and furnishing said buildings as herein required shall be paid into the Territorial treasury, and by the treasurer placed in the university funds by this act created. SEC. 3662. Before the sale of any of said bonds the said board of regents shal cause notice of such sale to be published in four daily newspapers published in English, one at the city of New York, State of New York; one at the city of San Francisco, State of California; one at the Territorial capital, and one at the city of Tucson, in said Territory. Such notice shall specify the amount of bonds to be sold, the rate of interest they shall bear, the place, day, and hour of sale, and that sealed proposals will be received by said board of regents within one month from the expiration of such publication, and that none of said bonds will be sold for less sum than their par value; and at the place, on the day and hour named in said notice, the board of regents shall open all sealed proposals received by it, and shall award the purchase of said bonds to the highest bidder or bidders therefor: Provided, That such bid shall not be for a less sum than the par value of said bonds: And provided further, That said board of regents may reject any and all bids if they deem it to the advantage of the Territory: And provided further, That if none of said bids are accepted said board of regents shall again advertise said bonds for sale and proceed as hereinbefore provided under fresh notice of sale.

SEC. 3663. For the payment of the interest on the bonds issued under this act, after such bonds shall have been issued, there is hereby levied annually, in addition to all taxes otherwise directed to be levied and collected, a tax of one-half cent on each $100 of the assessed value of all real and personal property in the Territory of Arizona, to be placed by the Territorial treasurer in a fund to be known as the University interest fund;" and commencing ten years thereafter there shall be in like manner annually levied and collected such an additional amount as shall pay $2,500 of the principal of said bonds and any amount of interest accrued thereon and remaining unpaid by said interest fund, to the end, intent, and purpose that all of the principal and interest of said bonds shall be fully paid during the period of twenty years from the date of their issuance. The Territorial auditor shall certify the rate of tax computed by him to the several boards of supervisors throughout the Territory necessary to raise the required amount for the redemption of the bonds as above stated, and the said boards of supervisors are hereby directed and required to enter such rate on the assessment rolls of their respective counties, in the same manner and with the same effect as is provided by law in relation to other Territorial and county taxes. Every tax levied under the provisions or authority of this act is hereby inade a lien against the property assessed, which lien shall attach on the first Monday in February in each year, and shall not be satisfied or removed until such tax has been paid. All moneys derived from taxes authorized by this section shall be paid into the Territorial treasury and shall be applied:

1. To the payment of interest on the bonds issued by the provisions of this act. 2. To the payment of the principal of such bonds: Provided, That all moneys remaining in the Territorial treasury, after the payment of the interest and principal in each year thereafter, as herein provided, after the issuance of any bonds under this act, shall be transferred by the Territorial treasurer to a fund which shall be known as the "University fund," and the Territorial treasurer is hereby authorized and directed to open a separate account with, and keep said moneys so transferred to said fund, and all other moneys which are paid into said fund, separate, and apply the same only in payments of the expenses of the maintenance of said university.

SEC. 3661. Whenever, after the expiration of ten years from the issuance of any bonds under this act, there remains after the payment of the interest, as provided in this section, a surplus of $2,500 or more, it shall be the duty of the Territorial treasurer to advertise for the space of one month in like manner as said board of regents of university advertise for bids, as set forth in section 3662 herein, which advertisement shall state the amount in the sinking fund and the number of bonds, numbering them in order of their issuance, commencing at the lowest

number then outstanding, which such fund is set apart to pay and discharge, and if such bonds so numbered in such advertisements shall not be presented for payment and cancellation at the expiration of such publications, then such fund shall remain in the treasury to discharge such bonds whenever presented, but they shall draw no interest after the expiration of such publication. Before any such bonds shall be paid they shall be presented to the Territorial auditor, who shall indorse on each bond the amount due thereon, and shall write across the face of each bond the date of its surrender and the name of the person surrendering the same.

SEC. 3665. The Territorial treasurer shall keep a full and particular account and record of all his proceedings under this act, and of the bonds redeemed and surrendered, and he shall submit to the governor an abstract of all his proceedings under this act with his annual report, to be by the governor laid before the legislature biennially, and all books and papers pertaining to the matter provided in this act shall at all times be open to the inspection of any party interested, or the governor, or a committee of either branch of the legislature, or a joint committee of both.

SEC. 3666. It shall be the duty of the Territorial treasurer to pay the interest on said bonds when the same falls due, out of the interest fund, if sufficient, and if said fund be not sufficient, then to pay the deficiency out of the general fund: Provided, That the Territorial auditor shall first draw his warrant on the Territorial treasurer, payable to the order of said treasurer, for the amount of interest money about to become due and payable out of the general fund, which said interest warrant shall be drawn at least one month previous to the maturing of the interest.

SEC. 3667. This act shall take effect immediately, subject, however, to its approval and ratification by the Congress of the United States.

ARKANSAS.

Constitution (1874), Article XIV: SEc. 2. No money or property belonging to the public-school fund, or to this State for the benefit of schools or universities, shall ever be used for any other than the respective purposes to which it belongs. [The following matter is taken from A Digest of the Statutes of Arkansas, Embracing all Laws of a General Nature in force at the Close of the Session of the General Assembly of 1893, by Sanders and Hill. Columbia, Mo., 1891.]

SEC. 4054. By an act of the general assembly of January 31, 1867, the State of Arkansas signified and declared her assent to the grant of land and land scrip authorized and contained in the acts of Congress approved July 2, 1862, and July 23. 1866, which terms and conditions were as follows:

First. The State of Arkansas will replace any portion of the fund provided by section 4 of said act, or any portion of the interest thereon, which shall by any action or contingency be diminished or lost, so that the capital fund shall remain forever undiminished, and will apply the annual interest thereon regularly, without diminution, to the purposes mentioned in the fourth section of the said act of Congress. subject only to the exception contained in section 5 of the act last referred to.

Second. The State of Arkansas, further assenting, agrees that no portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings.

Third. The State of Arkansas further agrees to provide at least not less than one college, as prescribed in the fourth section of said act of Congress, and in accordance with the act amendatory of said act, and also to pay the United States the amount received of any lands previously sold to which the title of purchasers was valid.

Fourth. The State of Arkansas further agrees that an annual report shall be made regarding the progress of each college, in accordance with paragraph 4 of section 5 of said act of Congress of July 2, 1862.

SEC. 4055. By an act of the general assembly of March 7, 1889, the State of Arkansas accepted the appropriation and assented to the terms contained in an act of Congress approved March 2, 1887, entitled "An act to establish agricultural experiment stations in connection 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 was appropriated by said act of Congress for the maintenance and necessary expenses of such agricultural experiment stations, and the said sum was appropriated by the aforesaid act of the general assembly to the Industrial University. By the aforesaid act of the general assembly the

EDUCATION REPORT, 1901-1902.

said appropriation was accepted and assented to in trust for the uses and purposes expressed in the aforesaid act of Congress set forth in the succeeding section. SEC. 4056. It shall be the object and duty of said experiment stations to conduct original researches or verify experiments on the physiology of plants and animals, the diseases to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of growth; the comparative advantages of rotative cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analyses of soils and waters; the chemical composition of manures, natural or artificial, with experiments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digestibility of the different kinds of food for domestic animals; the scientific and economic questions involved in the production of butter and cheese, and such other researches or experiments bearing directly on the agricultural industry of the United States as may in each case be deemed advisable, having due regard to the varying conditions and needs of the respective States or Territories.

SEC. 4057. By an act of the general assembly of April 9, 1891, the State of Arkansas accepted the grant and assented to the provisions of an act of Congress of August 30, 1890, for the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the act of Congress of July 2, 1862. One of the conditions of said grant was that in States where the white and negro races were separately educated and there was a college for the education of the negro race, that the State should equitably divide said appropriation. Pursuant thereto the State of Arkansas divided the same as follows: Eight-elevenths for the Industrial University, at Fayetteville, and threeelevenths for the Branch Normal College thereof, at Pine Bluff.

SEC. 4058. By the act of Congress mentioned in the preceding section there was provided an appropriation of $15,000 for each State accepting the same for the year 1890, and the same sum and an annual increase thereof of $1,000 additional to the preceding year for ten years, and the annual amount thereafter to be $25,000, said sum to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life and to the facilities for such instruction.

SEC. 4059. The State treasurer shall receive, under his official responsibility, all sums due and to become due from the United States from the appropriation mentioned in the preceding section and pay the same to the trustees of the aforesaid university and branch thereof in the proportion aforesaid. (Act April 9, 1891, sec. 9.)

SEC. 4060. The State treasurer shall be the financial agent and trustee of the State, to apply for and receive of the United States all the land scrip to which the State may be entitled by reason of the acceptance of the terms of the act of Congress of July 2, 1862, and acts amendatory thereof. (Act March 27, 1871, sec. 1.) SEC. 4061. All property or bonds donated or bid for the location of said university, and accepted by said board of trustees, shall constitute a part of the funds of said university.

SEC. 4062. It is hereby made the absolute duty of the county court of the county or corporation council issuing such bonds to annually levy a tax and collect in currency or overdue coupons of such bonds a sum fully sufficient to pay all accruing interest on such bonds and incidental expenses connected therewith; and upon failure to do so, it shall be the duty of any court of competent jurisdiction, upon the application of any one or more holders of such bonds, to compel such county court or council forthwith to levy and collect such sums as will fully pay all such interest as herein provided for. (Act March 27, 1871, secs. 9 and 10.)

SEC. 4063. It shall be the duty of the county court of the county of Washington, at each annual meeting held for the purpose of levying taxes, to provide for the levy of a tax of 1 mill on each one dollar's worth of taxable property, to be paid into the county treasury as a sinking fund to be set apart and kept for the sole purpose of liquidating the thirty-year 8 per cent bonds, known as "college bonds, held in trust by the State of Arkansas for the benefit of the Arkansas Industrial University.

SEC. 4064. It shall be the duty of the treasurer of said county, when the said taxes, as provided in section 4063, shall have been collected and paid to him annually under the direction of the county court of said county, to invest the same to the best possible advantage in interest-bearing bonds or securities of the State of Arkansas or of any other State bearing the highest rate of interest and deemed good and safe. And the said county treasurer shall also, in like manner, as the