assignees in any one of the States,1 and no such locations could be made within one year from the date of the passage of the

act.2

§ 4. All the expenses must be paid by the States, including all disbursements requisite to make the donation available for the purposes contemplated, such as those incident to the location of the land, the sale of it, or of the land scrip, the collecting, handling, and paying out of the money realized therefrom, so that the entire proceeds shall be applied, without diminution, to the purposes provided in the act.3

All moneys derived from the sale of the lands or scrip shall be invested in stock of the United States, or of the States, or some other safe stock yielding not less than five per cent. per annum upon the par value of the stocks, and the fund thus created and invested shall constitute a perpetual fund and remain forever undiminished, except that ten per cent. of the capital of the fund may be expended for the purchase of lands for sites of colleges or for experimental farms.5 The interest of the fund shall be inviolably appropriated by each State to the endowment, support, and maintenance of at least one college, where the leading object shall be, "without excluding other scientific and classical subjects, and including military tactics," to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may prescribe; and if any portion of this fund be lost, it shall be replaced by the State; no part of the fund shall be used in the purchase, erection, preservation, or repair of any building. "Each State shall provide, within five years, at least

1Ibid, Sec. 2. It appears that the State of Wisconsin violated the provisions of this section, as May 5th, 1870, Congress passed an act legalizing excessive issues and locations of this scrip by that State, and directing the Commissioner of the General Land Office to issue patents on them. (U. S. Stats. at Large, Vol. 16, p. 116.)

2 Ibid, Sec. 2. But this provision was also violated, and July 1st, 1870, Congress legalized all locations of scrip made within thirty days after the approval of the said Act of July 2d, 1862, which in other respects were in accordance therewith. (U. S. Stats. at Large, Vol. 16, p. 186.)

U. S. Stats. at Large, Vol. 12, p. 503, Sec. 3.

4 Ibid, Sec. 4.

Ibid, Sec. 5.

6 Ibid, Secs. 4, 5.

one college, for the purposes above designated, or the grant to such State shall cease.1 No State can receive the benefit of the act unless it be, by act of its legislature, bound to the provisions thereof by acceptance of the grant and of the terms imposed.2

Special acts of Congress, affecting several of the States-and as to them modifying these general laws-have been passed.

July 4th, 1866, Congress passed an act by which the diversion of the proceeds from the sale of lands and scrip received under the general laws above cited, from such disbursements as were requisite for, or incident to, the teaching of agriculture and the mechanic arts, to that of the theory and practice of mining, is allowed and authorized without causing a forfeiture of said grant. 3

§ 5. Special provisions by acts of Congress as to agricultural colleges in specified States, have from time to time been made, adapting the general law to the special circumstances affecting such States.

An act passed June 8th, 1868,4 gives four years from that date within which Nevada may select the lands last above mentioned, and Sec. 4 of this act provides that the lands granted to the State of California under the Act of July 2d, 1862, and acts amendatory thereof, may be selected by that State from any lands within her borders subject to pre-emption and sale, except mineral lands, and such as to which there may be rightful homestead or pre-emption claims; double minimum lands being taken at double rates, one acre for two.

A provision as to California occurs in the Act of March 3d,

1 U. S. Stats. at Large, Vol. 12, p. 504, Sec. 5. The periods of time have been extended as to all the States by Act of July 23d, 1866, Vol. 14, U. S. Stats. at Large, p. 208, so that the acceptance of the benefits of said Act of July 2d, 1862, may be expressed within three years from the date of this Act of July 23d, 1866, and the colleges provided within five years from the date of filing such acceptance with the Commissioner of the General Land Office. This act also extends the benefit of the original act to new States. (Ante, Note to Sec. 3.)

2 The time herein prescribed is also extended, (Ante, Note 1) and even before the Act of July 23d, 1866, by Act of April 14th, 1864, an extension of time was given, (U. S. Stats. at Large, Vol. 13, p. 47) but the last extension is more general, and covers the whole ground.

8 U. S. Stats. at Large, Vol. 14, p. 85, Sec. 3.

4 Ibid, Vol. 15, p. 67.

1871,1 relating, by its title, to the State of Nevada. By this act, it is permitted to the State of California to make selections, also, upon unsurveyed public lands, by making application to the Surveyor-General for their survey, and paying therefor. If there be no appropriation available for such surveys, the Surveyor-General, upon such application, must make the surveys and file the plats in the appropriate land offices, and thereafter the State has thirty days wherein to perfect its applications, and for that length of time there can be received no application other than that of the State for the land so surveyed, provided, however, that no valid pre-emption or homestead rights shall be thereby impaired.

March 16th, 1872, another act gave to Nevada until May 10th, 1877, within which to avail itself of the benefits of the Act of July 2d, 1862, and acts amendatory thereof, provided that by that date one college be provided by said State.2

Oregon has a special act by which it may select, in satisfaction of the grant by Act of July 2d, 1862, any land within that State subject to pre-emption and homestead entry, and which also confirms selections already made, except where they may conflict with valid pre-emption or homestead claims, and further providing that this State shall not, on this grant, receive more than 90,000 acres. 3

Arkansas having complied with the provisions of the Act of July 2d, 1862, and the acts amendatory thereto, Congress, Dec. 13th, 1872, directed the Secretary of the Interior to issue and "deliver to the Secretary of State of Arkansas the full amount of college scrip, to wit, 150,000 acres, and 90,000 acres to the Secretary of the Board of Trustees of the Florida State Agricultural College of the State of Florida, as provided for in said act, to be used and appropriated to and for the purposes and objects in said act specified, and none other: Provided, that no scrip as aforesaid shall be delivered to the authorities of the State of Arkansas until said State shall have made some satisfactory arrangement by which the bonds of said State, principal and interest, now held by the United States as Indian Trust Funds, shall be funded in new bonds authorized to be issued by said State for this purpose.

1 U. S. Stats. at L. Vol. 16, p. 581. 2 Ibid, Vol. 17, p. 40. 8 Ibid, Vol. 17, p. 217.

Indiana is permitted to comply with and receive the benefits of said general law at any time prior to July 1st, 1874.1

And on the 26th of January, 1873, a general act gave to each of the States which had not had the benefit of the said law of July 2d, 1862, and the acts amendatory thereto, until July 1st, 1874, to accept and receive such benefits upon compliance with the provisions therein contained and hereinbefore mentioned.2

The foregoing is a summary of this important legislation: by its terms sufficient means are provided to take the first step toward the endowment of at least one college devoted to agriculture and the mechanic arts in each of the States.3

Corresponding State laws have been passed, the grant accepted, and provision has been made for the designated colleges in many of the States.

The questions, how far the conditions of the grants, and their acceptance by the respective States, bind the recipients to an exact performance of them; to what extent, if any, material departures from these terms invalidate the titles derived under these National and State laws, are very seductive; but consideration of them would lead us away from The Law of the Farm.

1 U. S. Stats. at Large, Vol. 17, p. 397. 2 Ibid, 416.

8 In the title to this act the word "Territories" occurs in such connection as to intimate that they are, with States, to receive the benefit of the law; but inferentially they are excluded by the terms of the act, in the provision that the quantity of the land shall depend upon the number of senators and members of the lower house of Congress. Territories have no senators or representatives in Congress, within the strict acceptation of the term, and do not appear to be able to determine thereby the quantity of land to which they are entitled. (U.S. Stats. at Large, Vol. 12, p. 503, Sec. 1.)

July 23d, 1866, an act passed Congress which extended the donation to States which had been admitted after the passage of the Act of July 2d, 1862, provided such new State should, by legal enactment, within three years from the date of its admission, accept the trust, and provide for the college within five years thereafter. (U. S. Stats. at Large, Vol. 14, p. 208.)

§ 11. Statutes in certain States concerning agricultural societies.

§ 12. Summary of legislation for agricultural societies.

§ 13. Police powers by agricultural societies.

§ 14. General laws as to corporations affecting agricultural societies.

§ 6. The United States Agricultural Society. The General Government has, in at least one instance, by the act to incorporate the United States Agricultural Society,1 recognized the value of such associations, and by the grant of special corporate powers to a society of individuals under the name of "The United States Agricultural Society," has enabled it to exercise all of the power of incorporations, to own property, sue and be sued, receive gifts and bequests, and elect officers to control its affairs and carry out its purposes. By the provisions of the act of Congress creating this corporation, any person may become a member by paying into the hands of the appropriate and designated officer the fees of membership which may be prescribed in the company's by-laws; and provisions for the creation and maintenance of honorary memberships manifest the high esteem in which such an association was held in the minds of the legislators who made the law.

§ 7. Statutes concerning agricultural societies.-Alabama, by Act of March 3d, 1870,2 providing for the incorporation of agricultural societies, prescribes the mode of procedure, and gives to them the usual powers and privileges of corpora

1 U. S. Stats. at Large, Vol. 12, pp. 12, 13.

2 Stats. of Alabama, 1869–70, p. 308.