EDUCATION REPORT, 1901-1902.

trine be taught, or instruction therein be permitted, directly or indirectly, in any of the common schools of the State.

SEC. 9. The University of California shall constitute a public trust, and its organization and government shall be perpetually continued in the form and character prescribed by the organic act creating the same, passed March 23, 1868, and the several acts amendatory thereof, subject only to such legislative control as may be necessary to insure compliance with the terms of its endowments, and the proper investment and security of its funds. It shall be entirely independent of all political and sectarian influence, and kept free therefrom in the appointment of its regents and in the administration of its affairs: Provided, That all the moneys derived from the sale of the public lands donated to this State by act of Congress, approved July 2, 1862, and the several acts amendatory thereof, shall be invested as provided by said acts of Congress, and the interest of said moneys shall be inviolably appropriated to the endowment, support, and maintenance of at least one college of agriculture, where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to scientific and practical agriculture and the mechanic arts, in accordance with the requirements and conditions of said acts of Congress; and the legislature shall provide that if, through neglect, misappropriation, or any other contingency, any portion of the funds so set apart shall be diminished or lost, the State shall replace such portion so lost or misappropriated, so that the principal thereof shall remain forever undiminished. No person shall be debarred admission to any of the collegiate departments of the university on account of sex.

Statutes of California, act March 23, 1868: SECTION 1. A State university is hereby created pursuant to the requirements of section 4, article 9, of the constitution of the State of California."

[The following matter is taken from the Political Code of the State of California, compiled by James H. Deering, San Francisco, 1899.]

SEC. 1385. The University of California, located in Alameda County, has for its object general instruction and education in all the departments of science, literature, art, industrial and professional pursuits, and special instruction for the professions of agriculture, the mechanic arts, mining, military science, civil engineering, law, medicine, and commerce.

SEC. 1386. There must be maintained in the university

1. A college of letters.

2. A college or colleges of science, including agriculture, mechanics, mining, engineering, chemistry, and such other specialties as the board of regents may determine.

3. Colleges of medicine and law.

4. Such other colleges as the board of regents may establish.

SEC. 1387. The college of letters must embrace a liberal course of instruction in language, literature, and philosophy.

SEC. 1388. Each full course of instruction consists of its appropriate studies and courses, to be determined by the board of regents.

SEC. 1389. The president of the university is the executive head of the institution in all its departments, except as herein otherwise provided.

SEC. 1390. He must, subject to the board of regents, give general direction to the practical affairs of the several colleges, and, in the recess of the board of regents, may remove any employee or subordinate officer not a member of any faculty and supply for the time being any vacancies thus created; and until the regents otherwise direct he is charged with the duties of one of the professorships. SEC. 1391. The immediate government of the several colleges is intrusted to their respective faculties, each of which must have its own organization, regulate its own affairs, and may recommend the course of study and the text-books to be used.

SEC. 1392. Any resident of California of the age of 14 years or upward, of approved moral character, may enter himself in the university as a student at large and receive tuition in any branches of instruction at the time when the same

a Constitution of 1849: The legislature shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States or any person or persons to the State for the use of the university; and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may deem for the promotion of literature, the arts, and sciences as may be authorized by the terms of such grant. And it shall be the duty of the legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university.

are given in their regular course on such terms as the board of regents may prescribe.

SEC. 1393. An admission fee and rate of tuition fixed by the board of regents must be required of each pupil, except as herein otherwise provided.

SEC. 1394. As soon as the income of the university shall permit, admission and tuition must be free to all residents of the State; and the regents must so apportion the representation of students, according to population, that all portions of the State may enjoy equal privileges therein.

SEC. 1395. If approved by the board of regents, scholarships may be established in the university by any persons for the purpose of private benefaction or of affording tuition in any course of the university free from the ordinary charges to any scholar in the public schools of the State who may distinguish himself in study, according to the recommendation of his teachers, and who passes the examination required for the grade at which he wishes to enter the university. SEC. 1396. The board of regents may affiliate with the university any incorporated college of medicine, law, or other special course of instruction upon such terms as may be deemed expedient; and such college may retain the control of its own property, have its own board of trustees, faculties, and presidents, respectively, and the students of such colleges, recommended by the respective faculties thereof, may receive from the university the degrees of those colleges.

SEC. 1397. The examination for degrees must be annual. Students who have passed not less than a year as residents in any college, academy, or school in this State, and who, after examination by the faculty thereof, are recommended by them as proficient candidates for any degree in any regular course of the university, must be examined therefor at the annual examination, and on passing such examination may receive the degree and diploma for that course and rank as graduates.

SEC. 1398. All students of the university who have been residents thereat for not less than one year, and all graduates thereof, may present themselves for examination in any course at the annual examinations, and, on passing such examination, may receive the degree and diploma of that course.

SEC. 1399. Upon such examinations each professor and instructor of that course may cast one vote, by ballot, upon each application for recommendation to the board of regents for a degree.

SEC. 1400. Graduates of the College of California and of any incorporated college affiliated with the university may receive the degrees from and rank as graduates of the university.

SEC. 1401. The board of regents may also confer certificates of proficiency in any branch of study upon such students of the university as upon examination are found entitled to the same.

SEC. 1402. The proper degree of each college must be conferred at the end of the course upon such students as, having completed the same, are found proficient therein.

SEC. 1403. The degree of bachelor of arts, and afterwards the degree of master of arts, in usual course must be conferred upon the gradutes of the college of letters.

SEC. 1404. A system of moderate manual labor must be established in connection with the agricultural college, upon its agricultural and ornamental grounds, for practical education in agricultural and landscape gardening.

SEC. 1405. No sectarian, political, or partisan test must ever be allowed or exercised in the appointment of regents, or in the election of professors, teachers, or other officers of the university, or in the admission of students thereto, or for any purpose whatsoever; nor must the majority of the board of regents be of any one religious sect or of no religious belief.

SEC. 1415. The endowment of the university is

1. The proceeds of the sale of the 72 sections of land granted to the State for a seminary of learning.

2. The proceeds of the 10 sections of land granted to the State for public buildings. 3. The income derived from the investments of the proceeds of the sale of the lands or of the scrip therefor, or of any part thereof, granted to this State for the endowment, support, and maintenance of at least one college where the leading object shall be without excluding other scientific and classical studies and including military tactics-to teach such branches of learning as are related to agriculture and the mechanic arts.

4. The income of the fund set apart by "An act for the endowment of the ' University of California,'" approved April 2, 1870, which is continued in force.

[An act for the endowment of the University of California. Chapter CCCCLX: The treasurer of the State shall place to the credit of the university fund so much of any moneys that may be

received by him from the net proceeds of sale of any salt marsh and tide lands lying in and around the Bay of San Francisco belonging to the State of California as, being invested in the bonds of said State or of the United States, shall yield an annual income of $50,000. Said moneys shall be a fund the capital of which shall remain undiminished and the interest of which shall be inviolably applied to the support of the University of California.]

6. The State of California, in its corporate capacity, may take, by grant, gift, devise, or bequest, any property for the use of the university, and hold the same, and apply the funds arising therefrom, through the regents of the university, to the support of the university as provided in Article IX, section 4, of the constitution [1849, see footnote, p. 22].

7. The regents of the university, in their corporate capacity, may take, by grant, gift, devise, or bequest, any property for the use of the university, or of any college thereof, or of any professorship, chair, or scholarship therein, or for the library, an observatory, workshops, gardens, greenhouses, apparatus, a students' loan fund, or any other purpose appropriate to the university; and such property shall be taken, received, held, managed, and invested, and the proceeds thereof used, bestowed, and applied by the said regents for the purposes, provisions, and conditions prescribed by the respective grant, gift, devise, or bequest.

8. The regents of the university may invest any of the permanent funds of the university which are now or hereafter may be in their custody in productive, unincumbered real estate in this State, subject to the power of the legislature to control or change such investments, excepting such as, by the terms of their acquisition, must be otherwise invested.

9. If by the terms of any grant, etc., such as are described in the preceding sixth and seventh subdivisions, conditions are imposed which are impracticable under the provisions of the civil code, such gift, etc., shall not thereby fail, but such conditions shall be rejected, and the intent of the donor carried out as near as may be.

SEC. 1425. The university is under the control of a board of regents consisting of 22 members, but the president of the university for the time being shall be a member of the board of regents by virtue of his office.

SEC. 1426. Sixteen members of the board are appointed by the governor, with the advice and consent of the senate. Their term of office is sixteen years.

SEC. 1427. Six members of the board hold by virtue of their office. [SEC. 353: The governor, lieutenant-governor, speaker of the assembly, superintendent of public instruction, president of the State board of agriculture, and president of the Mechanics' Institute of San Francisco are ex officio regents of the University of California.]

SEC. 1428. Whenever a vacancy occurs in the board the governor must appoint some person to fill it, and the person so appointed holds for the remainder of the term.

SEC. 1429. The governor is president of the board.

SEC. 1430. Seven members constitute a quorum of the board.

SEC. 1431. The members receive no compensation.

SEC. 1432. The powers and duties of the board of regents are as follows:

1. To meet at such times and places as their rules may prescribe or at the call of the president of the board.

2. To control and manage the university and its property.

3. To prescribe rules for their own government and the government of the university.

4. To adopt and prescribe rules for the government and discipline of the cadets. 5. To receive in the name of the State or of the board of regents, as the case may be, all property donated to the university.

6. To choose the president of the university, the professors, and other officers and employees of the university, prescribe their duties, fix and provide for the payment of their salaries.

7. To fix the qualifications for admission to the benefits of the university. 8. To fix the admission fee and rates of tuition.

9. To appoint a secretary and treasurer, prescribe their duties, and fix and provide for the payment of their compensation.

10. To remove at pleasure any officer, professor, or employee of the university. 11. To supervise the general courses of instruction and, on the recommendation of the several faculties, prescribe the authorities and text-books to be used in the several colleges.

12. To confer such degrees and grant such diplomas as are usual in universities or as they may deem appropriate.

13. To establish and maintain a museum. 14. To establish and maintain a library.

15. To take immediate measures for the permanent improvement and planting of the university grounds.

16. To keep a record of all their proceedings.

17. Through the president of the university, to report to the governor the progress, condition, and wants of each of the colleges embraced in the university, the course of study in each, the number of professors and students, the amount of receipts and disbursements, together with the nature, cost, and results of all important investigations and experiments, and such other information as they may deem important.

SEC. 1433. The entire income arising from the endowment is subject to the trusts at the disposition of the board of regents for the support of the university.

SEC. 1434. For the current expenditures of the university specific sums of money must be set aside, out of the funds at their disposal, by the board of regents, which are subject to the warrants of the president of the board, drawn upon the treasurer of the university in pursuance of the orders of the board of regents.

SEC. 1435. All moneys which may at any time be in the State treasury, subject to the use of the board of regents, may be drawn therefrom by the president of the board, upon the order of the board, in favor of the treasurer of the university. SEC. 1436. The regents must cause to be constructed such buildings as are needed for the use of the university.

SEC. 1437. The plan adopted in the construction of buildings must provide separate buildings for separate uses, and so group all such buildings that a central building may bring the whole in harmony as part of one design.

SEC. 1438. The construction and furnishing of the buildings must be let out to the lowest responsible bidder, after advertisement for not less than ten days in at least two daily newspapers published in the city of San Francisco; but the regents may reject any bid and advertise anew.

SEC. 1439. Until the university buildings are ready for use the regents may make temporary arrangements for buildings at Oakland.

SEC. 1449. A practical agriculturist, competent to superintend the working of the agricultural farm, and to discharge the duties of secretary of the board of regents, must be chosen by the board as their secretary.

SEC. 1450. The Secretary must

1. Reside and keep his office at the seat of the university.

2. Keep a record of the transactions of the board of regents, which must be open at all times to the inspection of any citizens of this State.

3. Have the custody of all books, papers, documents, and other property which may be deposited in his office.

4. Keep and file all reports and communications which may be made to the university appertaining to education, science, art, husbandry, mechanics, or mining. 5. Address circulars to societies and others soliciting information upon the latest and best modes of culture of the products adapted to the soil and climate of the State, and on all subjects connected with field culture, horticulture, stock raising, and the dairy.

6. Correspond with established schools of mining and metallurgy in Europe, and obtain information respecting the improvements of mining machinery adapted to California.

7. Correspond with the Patent Office at Washington and with the representatives of the Government of the United States abroad, to procure contributions from these sources; receive and distribute seeds, plants, shrubbery, and trees adapted to our climate and soils, for the purposes of experiment.

8. Obtain contributions to the museums and the library of the university.

9. Keep a correct account of all the executive acts of the president of the university.

10. Keep an accurate account of all moneys received into the treasury or paid therefrom.

11. Distribute the seeds, plants, trees, and shrubbery received by him, and not needed by the university, equally throughout the State, to farmers and others who will agree to cultivate them properly and return to the secretary's office a reasonable proportion of the products thereof, with a statement of the mode of cultivation, and such other information as may be necessary to ascertain their value for cultivation in the State.

12. Publish from time to time in the newspapers of the State, free of charge, information relating to agriculture, the mechanic arts, mining and metallurgy. SEC. 1451. The secretary holds office at the pleasure of and receives the compensation fixed by the board.

SEC. 1461. The academic senate is composed of the faculties and instructors of the university.

SEC. 1462. The senate must conduct the general administration of the university, regulate the general and special courses of instruction, receive and determine all appeals from acts of discipline enforced by the faculty of any college, and exercise such other powers as the board of regents may confer upon it.

SEC. 1463. Its proceedings must be conducted according to rules of order adopted by it, and every person engaged in instruction in the university may participate in its discussions; but the right of voting is confined to the president and the professors.

SEC. 1473. The students of the university must be organized into a body known as the "university cadets."

SEC. 1474. The officers of cadets, between and including the ranks of second lieutenant and colonel, must be selected by the chief military instructor, with the assent of the president of the university, and must be commissioned by the governor.

SEC. 1475. The adjutant-general of the State must issue such arms, munitions, accouterments, and equipments to the university cadets as the board of regents may require and the governor approve,

SEC. 1476. Upon graduating or retiring from the university, such officers may resign their commissions or hold the same as retired officers of the university cadets, liable to be called into service by the governor in case of war, invasion, insurrection, or rebellion.

SEC. 1477. The military instructor must make quarterly reports to the adjutantgeneral of the State, showing the number, discipline, and equipments of the cadets.

SEC. 3533. The regents of the university may order the selection of the 150,000 acres of land granted to the State for the use of an agricultural college, and dispose of the same at the price and in the manner fixed by them.

SEC. 3534. The land agent of the university, as the agent of the State, must select the lands according to the instructions of the board, and issue certificates of purchase and patents to purchasers who comply with the conditions fixed by the board; and the regents must invest all moneys accruing from the sale of lands as they may deem best, subject to the conditions of the act of Congress granting such lands.

SEC. 3535. All moneys, securities, or other properties arising from the sale of the 72 sections granted to the State for a seminary of learning, and from the sale of the 10 sections granted to the State for the erection of public buildings, must be paid out of the State treasury on the order of the regents of the university.

SEC. 3536. All persons who have purchased any portion of either of the grants mentioned in the preceding section, and who have not paid in full therefor must be included in the delinquent list, and the district attorney must proceed against such delinquents as provided in sections 3547 and 3548, and the provisions of sections 3548 to 3556 inclusive, are made applicable to such proceedings. If such lands revert to the State, they pass under the control of and may be sold by the board of regents of the university.

SEC. 332. All officers, boards of officers, commissioners, trustees, regents, and directors required by law to make reports to the governor or legislature, except the controller of State, must send the original draft of such reports to the governor before the 15th day of September in the year 1892, and in every second year thereafter.

SEC. 334. The superintendent of State printing must print such reports or such part or parts of said reports as may be ordered by the State board of examiners, in a manner to be designated by said board, before the first Monday in December next after receipt thereof, except the report of the State comptroller, etc. SEC. 336. All reports must be printed in the English language.

SEC. 550. The geological and other specimens collected by the State geological survey must, excepting such as may be required by the State geologist to aid in the preparation of his report, be delivered over to the agents of the State University, to be by them deposited in the cabinet of the same as the property of the university.

Statutes, 1889, Chapter XVII: Whereas, by section 9 of an act to establish agricultural experiment stations in connection with the colleges established in the several States, it is provided that the grants of moneys authorized by this act are made subject to the legislative assent of the several States and Territories to the purposes of said grants; therefore be it resolved, that the State of California does hereby assent to the grants named in said act, approved March 2, 1887, and to the conditions thereof, for and on behalf of the State of California and the board of regents of the University of the State of California. And be it further resolved that the State of California does hereby specifically designate "The board of