interrupt or limit the power in the full control and management of the laboratory of the State board of health.

SEC. 4. All physicians, dentists, veterinary surgeons, or others practicing medicine or surgery or any branch thereof under the laws of this State shall be required to give prompt notice to the local or State board of health of any and all cases of contagious or infectious disease that may come under their professional notice, and shall have free access to the work of the laboratory for the determination of the diagnosis of any doubtful or suspicious case by forwarding (prepaid) a sufficient sample of urine, blood, sputum, or other substance of such case to the said pathologist and bacteriologist at Newark for examination, who shall examine the substance so sent and report to the physician, dentist, or others aforesaid sending the same the results of said examination without any unnecessary delay and without further charge; the said physician, dentist, or others aforesaid shall report the result immediately as herein above required: Provided, however, That nothing in the act shall be so construed as to prevent the board of health of the State from making full provision for the free use of the laboratory for the examination of any matter or substance so as to determine the diagnosis of diseases neither contagious nor infectious, and either local or constitutional, and for the examination of water or food supply for any citizen of the State.

*

SEC. 5. The regular annual meeting of the board of health of the State shall be held at Newark, * * at which meeting the pathologist and bacteriologist shall be elected annually by the action of the said board of health.

SEC. 6. The sum of $2,500 annually shall be appropriated for the salary of the bacteriologist and all other expenses of the said laboratory, and the same is hereby appropriated out of any funds in the hands of the State treasurer not otherwise appropriated, and the annual expenses of the same thereafter. The said appropriations hereby made to be drawn by orders on the State treasurer, signed by the president and secretary of the State board of health, the accounts to be audited by the auditor of accounts of the State annually, as now required for the other accounts of the State board of health.

SEC. 7. This act shall be deemed and taken to be a public act, and shall go into effect immediately on its passage.

SEC. 8. It is hereby made the duty of the said pathologist and bacteriologist, whenever requested by the attorney-general, to make any and all examinations of any person or persons, or any organ or organs, or any part or parts of any person or persons, with the view of determining the cause or causes of death, and make a prompt report, without charge to the State or any county thereof.

(March 23, 1899, as amended by chapter 135, volume 22, laws of Delaware, February 25, 1901.)

Chapter 213, volume 21, Laws of Delaware:

SECTION 1. The State chemist is hereby required, when any person or persons purchasing any fertilizer sold in this State and composed of one or several ingredients from any manufacturer or vendors for their own use, and who themselves, the purchasers, are citizens of this State, submit to said State chemist fair samples of any such fertilizer for analysis in the manner prescribed in section 6, chapter 438, volume 17, Laws of Delaware, to make any and all such analyses for the sum of $1, to be paid by said purchaser.

SEC. 2. The provision that said State chemist shall receive the sum of $1 only when he makes analyses mentioned in section 1 of this act shall not be construed to mean that said State chemist is to be paid $1 for each ingredient in any fertilizer mentioned in section 1 of this act and so analyzed by him.

FLORIDA.

[The following matter is taken from the "Revised Statutes of Florida, prepared by W. A. Blount, C. M. Cooper, L. C. Massey, commissioners," Jacksonville, 1892.]

SEC. 278. The Florida Agricultural College is established.

SEC. 279. The design of this institution is to teach such branches of learning as are related to agriculture and mechanic arts, without excluding other scientific and classical studies, and including military tactics, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life.

SEC. 280. [Amended by section 4233.] The superintendent of public instruction, commissioner of agriculture, and the State treasurer by virtue of their said offices, and the other persons who are now members and trustees of this corporation, and their successors, are a body corporate and politic, by the name of the Florida

Agricultural College, with the general powers of a corporation for said purposes, including the right of perpetual succession and to have a corporate seal.

[In State v. Knowles et al. (holding themselves to be a body corporate), the court said (16 Fla., p.616): "The next general proposition as to this statute is that it impairs the obligation of contract. The statute changes the trustees of this college. It substitutes the trustees named in the act of 1877 for those named in the act of 1872, as the act of 1872 substituted those named in it for those mentioned in the act of 1870. The ground upon which this view is based is that this is a private not a public corporation. The corporation is itself founded by the State through property derived from the Government of the United States. These trustees are made by this legislation the agents of the State to collect and disburse property appropriated by the General Government to the State for a public purpose. There is not and never was any private property in the funds. They were derived from the government. The founder of this institution was the government of the State of Florida and the property which constituted its basis was public moneys of the State of Florida derived by it from the Government of the United States in trust for the establishment of an institution of this character. It never was the purpose of the State of Florida to give these trustees any private right to this property. Throughout the whole legislation they are shown to be simply public agents to manage a public property. The only right they have to it is by the legislation of the State, and every section of these acts shows that it was founded by public funds, and for a public purpose. (4 Wheaton, 5 Stewart & Porter.)a It may be true that any legislation of the State appropriating these funds to any other purpose than that purpose named in the act of Congress might have been in bad faith, but that is a matter which does not concern these trustees, nor does this fact change the nature of the institution. It is insisted that the obligation of a contract with W. H. Gleason [whose offer of 2,000 acres of land had been accepted] is impaired by the act of 1877, in that it directs a removal of the college. This question is entirely independent of the question raised in this case, which is the right of the trustees to hold and exercise a public trust against the provisions of a statute naming other persons trustees in their stead. Because they have made a contract with some one else can not extend their powers or rights. The question whether a city or town has made a contract with A, B, or Cis entirely distinct from the question whether the legislature may not change the affairs of a public municipal corporation. What has been said disposes of the further objection on the ground that these respondents are deprived of their property without due process of law. Holding their franchises subject to legislative action, legislation depriving them of them is due process of law."]

SEC. 281. [Amended by section 4233, section 2, post.] The superintendent of public instruction and the said State treasurer shall by virtue of their offices as such be president and treasurer of said board of trustees of said college, and the said board shall elect a vice-president, secretary, and executive committee, which committee shall consist of five members. Said executive committee is empowered to act in behalf and under directions of the board between the regular meetings of the same, and determine all the matters relating to officers or committees and make all needful rules and regulations for the management of the affairs of the board. SEC. 282. The treasurer herein appointed shall receive and, if necessary, demand and sue for in his own name as treasurer all property and debts belonging to said board.

SEC. 283. The said corporation shall have power to build and construct a college building and such other buildings and outbuildings as they may deem necessary, to contract and be contracted with, to sue and be sued, plead and be impleaded in all courts of law and equity, to receive donations and make purchases of lands, and to sell and convey the same.

SEC. 284. [Repealed. See section 3 of section 4233, post.] Said trustees shall have power to remove any member from said corporation when, by continued neglect, he fails to perform his duties, or when by reason of age or infirmity he shall have become permanently incapable of performing them. They shall also fill by election any vacancy that may occur in their board, subject-to the approval of the judges of the supreme court.

SEC. 285. The trustees shall receive no compensation for their services while attending any of the meetings of the board, but may be allowed their necessary expenses while going to, from, and attending such meetings.

SEC. 286. Said trustees are hereby authorized to claim and receive from the Secretary of the Interion the agricultural college land scrip to which this State is entitled by act of Congress July 2, 1862, and acts supplemental thereto. Said scrip is hereby transferred and assigned to and vested in the trustees of the Florida Agricultural College and their successors and assigns forever. They shall, when in their judgment it will best promote the object for which they are chosen, sell and assign the scrip, or locate and thereafter transfer and convey the lands, and use the proceeds as herein directed.

SEC. 287. Ten per cent of the proceeds of the sales of the scrip or of the lands may be expended for the purchase of a site for an experimental farm. The remainder of the proceeds shall be invested in the stocks of the United States or

a The first of these, of course, refers to the Dartmouth College cases, the second to the Alabama case (1833), Trustees of University v. Winston. "The trustees of the University of Alabama compose a public corporation entirely within the control of the legislature, and the latter has authority, by the passage of any statute or statutes, to alter, amend, vary, or enlarge the original acts of incorporation."

of some of the States of this Union, bearing an annual interest of not less than 6 per cent on their par value, and shall remain a permanent fund forever. The annual interest of the fund shall be regularly applied, without diminution, to the purposes set forth in section 279. Donations may be received for specific purposes, and shall be applied to the objects for which they were granted.

SEC. 288. No portion of the principal or interest of the fund shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repairs of any building or buildings, or for expenses incurred in selling the scrip, locating the lands, or in managing the funds of the lands. No scrip, lands, or property of whatever kind that may be obtained and held by said corporation under this chapter, whether of buildings, grounds, farms, workshops, fixtures, machinery, apparatus, cabinets, library, furniture, or other valuables, shall be encumbered, aliened, or otherwise disposed of by the said trustees, or by any other person or persons, contrary to the provisions of this chapter, except on such terms as the legislature shall have previously approved, and any act of said trustees or any other person or persons which shall have or be intended to have such effect shall be void.

SEC. 289. The college shall remain at its present location unless the same be changed by statute.

SEC. 290. The indebtedness of the State to the agricultural-college fund and the evidences of such indebtedness remain as heretofore provided by law.

SEC. 291. The board of trustees shall choose a president of the college and such professors, teachers, superintendents, and employees as the necessity of the institution may demand. They shall fix their compensation, define their duties, limit their powers and the duration of their terms of office; also make all general provisions for the management of the college in its several departments. They may limit the number of students and confer appropriate degrees.

SEC. 292. The president, professors, and superintendents of said college, and the secretary of the board of trustees, shall constitute the faculty of the college.

SEC. 293. The faculty shall have the immediate charge and management of the college and farm; shall determine the basis of admission, the length of complete and partial courses of study, the studies to be pursued, and the text-books to be used; also the daily hours for labor and of attendance upon the exercises of the institution. They shall likewise make all needful rules and regulations for the government and discipline of the students, and for promoting in the highest degree their morals, health, decorum, and scholastic advancement; all of which shall be subject to revision, alteration, or rejection by the board of trustees.

SEC. 294. The several departments of the college shall be open to applicants for admission at the lowest rate of expense consistent with the welfare and efficiency thereof, as herein provided, and without further distinction as to class or locality, to wit: Each county shall be entitled to send annually, or so often as vaca cies may occur, one student for each member of the assembly from that county; uch students shall be selected by the boards of public instruction of the several counties from among the most advanced pupils in the common and higher schools therein who may present themselves as candidates. Each county board of public instruction shall annually, or as often as vacancies occur which should be filled by the county, give early notice of such vacancy, and of the time and place of meeting for the examination of the candidates. The county board shall then and there, by themselves, or with the assistance of such persons as they may appoint, examine such candidates and select those best qualified as to scholastic attainments, good health, and upright moral character, and furnish them with certificates of selection for admission, subject to the reexamination and approval of the faculty of the college. In case any board of instruction fails to attend to the above duty, then pupils holding high rank in their schools in that county may make application in person to the faculty of the college and be examined and admitted on the same terms as they would have been had they passed a preliminary examination before the board of instruction of their county. But in case such vacancies remain unfilled students may be selected from the State at large by the faculty.

SEC. 295. Each senator during his term of office shall be empowered to nominate one student, who shall be a resident of his senatorial district, to said State Agricultural College, who shall be entitled to receive the benefit of a full course of instruction at said college without any charge for tuition, subject to such rules and regulations as may be established for the government and direction of said college.

SEC. 296. The comptroller is authorized to make examinations from time to time, as he may see fit, into the actions and doings of said trustees, to the end that he may ascertain whether the funds committed to them are and have been

managed according to the letter and intent of this chapter. Said trustees shall report to the comptroller annually on the 1st day of October, in such form as the comptroller may direct, the amount of land or land scrip sold, the price and terms of sale, the amount of money received therefor, the disposition made thereof, and the expense incurred in the sale.

SEC. 297. The trustees shall make an annual report to the superintendent of public instruction on or before the 1st day of October, to be by him printed with his report and laid before the legislature at the beginning of each regular session. Such report shall give a full exposition of the financial condition of the corpora tion, the progress and improvements made, the nature, cost, and results of experiments, and such other matters, including State industrial and economical statistics, as may be supposed useful; one copy of which the superintendent shall transmit by mail to each of the other colleges which were endowed under the provisions of the act of Congress of July 2, 1862; also a copy to the Secretary of the Interior, and one to each House of Congress.

SEC. 298. The legislature may add other departments of learning to this college when the endowment of such departments shall have been provided for.

SEC. 299. The justices of the supreme court shall constitute an examining committee, with power to investigate the affairs of the college and the corporation, and to appoint proxies to act in their stead.

SEC. 300. The legislative assent of the State of Florida is hereby given to the act of Congress 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," and to the grants of money authorized by said act, and to the purpose of said grant.

SEC. 4233 (Acts and Resolutions, 1893). SECTION 1. Section 280 of the revised statutes of the State of Florida is hereby amended so as to read as follows: "Sec. 280. The Florida Agricultural College shall be under the direction of a board of seven trustees, who shall be appointed by the governor by and with the consent of the senate, not more than two of whom shall be residents of the town or county in which the college is located, and who shall hold their office for four years."

SEC. 2. Section 281 of the revised statutes of the State of Florida is hereby amended so as to read as follows: "Sec. 281. The members of said board of trustees shall annually elect from their number a president and a secretary. The State treasurer shall, by virtue of his office, be the treasurer of said board; and said board shall elect a vice-president and executive committee, which committee shall consist of three members. Said executive committee is empowered to act in behalf and under the direction of the board between the regular meetings of the board, and determine all the matters relating to officers or committees, and make all needful rules and regulations for the management of the affairs of the board of trustees."

SEC. 3. Section 284 of the revised statutes is hereby repealed.

SEC. 4234 (Ibid.). SECTION 1. There shall be established at some suitable point in Florida possessing climate conditions for growing all kinds of plant life, including cinchons, logwood, and camphor, olive and india rubber trees, also vanilla, tea, coffee, jute, New Zealand flax, etc., on muck lands over which the trustees of the Internal Improvement Fund have exclusive control under the act of Congress of September 28, 1850, an experimental station, to be operated by or under the supervision of the commissioner of agriculture, and under such rules, regulations, and conditions as may be prescribed by the trustees of the Internal Improvement Fund of the State of Florida.

SEC. 2. For the purpose of carrying out the provisions of section 1 of this act and to create a fund for the establishment and maintenance of said agricultural station, and for the further drainage and reclamation of the lands set apart for that purpose, the trustees of the Internal Improvement Fund of the State of Florida are hereby authorized and directed to set apart 100,000 acres of the land granted the State of Florida by the act of Congress of September 28, 1850, to be sold at such prices as may be fixed by the trustees and the proceeds thereof to be expended by the said trustees of the Internal Improvement Fund in carrying out the provisions of section 1 of this act.

SEC. 269. A normal schoola for colored teachers is established at Tallahassee, Leon County, similar in all respects as prescribed for the establishment of the normal school for white teachers, and subject to the direction and control of the State board of education.

a The funds granted to the State of Florida under an act of Congress approved August 30, 1890, are divided equally between this institution and the Florida Agricultural College.

GEORGIA.

Constitution (1877), section 6, paragraph 1: The trustees of the University of Georgia may accept bequests, donations, and grants of land or other property for the use of said university. In addition to the payment of the annual interest on the debt due by the State to the university, the general assembly may, from time to time, make such donations thereto as the condition of the treasury will authorize. And the general assembly may also, from time to time, make such appropriation of money as the condition of the treasury will authorize, to any college or university (not exceeding one in number) now established or hereafter to be established in this State for the education of persons of color.

[The following matter is taken from "The code of Georgia, prepared by John L. Hopkins, Clifford Anderson, and Joseph R. Lamar," Atlanta, Ga., 1896.]

SEC. 1271. The government of the University of Georgia, at Athens, is vested in a board of trustees, who are subject to the general assembly.

SEC. 1272. For such purpose they are a body corporate and politic, by the name of the "trustees of the University of Georgia," by which they shall have a perpetual succession, have and use a common seal, and be a person in law able to plead and be impleaded, to hold and acquire real and personal estate, with power to lease and otherwise manage the same for the good of the university. All money or property granted by the State, or individuals, for the advancement of learning in general is vested in such trustees.

SEC. 1273. The board of trustees of the University of Georgia shall be composed of one member from each Congressional district, four from the State at large, two from the city of Athens, and the chairman ex officio of the local board of trustees of the Technological School, all of whom, except the latter, shall be appointed by the governor and confirmed by the senate, under the rules governing the appointment and confirmation of other officers of this State required by law to be confirmed by the senate.

SEC. 1274. The term of office of said trustees shall be eight years and until their successors are appointed, confirmed, and qualified. The first appointments shall be made by the governor before the 1st day of September, 1889, and confirmed by the senate. Four of them shall be appointed for two years, four for four years, and four for six years, and four for eight years, and as the terms of these appointees expire their successors shall be appointed and confirmed biennially thereafter for a full term of eight years. There shall be two trustees from the city of Athens, exclusive of one from the Congressional district in which said city may be located. SEC. 1275. Persons to be eligible to the office of trustee shall be citizens of this State; shall be residents of the districts from which they are appointed; shall be at least 25 years of age, and shall not be a trustee of any other male college or university, excluding branch colleges of the university and high schools or academies, and shall be chosen with special reference to their fitness and capacity to exercise the duties of trustee. The governor shall be ex officio a member of the board of trustees and shall attend its meetings when possible, and is entitled to all the privileges of a member of the board.

SEC. 1276. In case of the death or resignation of any member of the board, the governor shall fill such unexpired term in the manner above provided, such appointment to be confirmed by the senate at the session after the same is made. SEC. 1277. The board of trustees shall elect one of their number as their presiding officer, who shall be called the chairman of the board of trustees. The board may meet subject to their own order, but they must assemble in annual session in the city of Athens on the Thursday preceding the Sunday of the commencements of the university. They may establish such rules and regulations for their own direction as they deem proper; may fix the terms of the office of their chairman and secretary; and are vested with all the powers, privileges, and rights vested in the former board of trustees, and are charged with all the duties, obligations, and responsibilities incumbent on the same.

SEC. 1278. It shall be the duty of the members of the board of trustees of said institution to attend the meetings of the board, so as to take part in its deliberations; and whenever any trustee shall be engaged, at the time prescribed for the annual meeting of the trustees, as counsel or party in any case pending in the courts of this State, and such case shall be called for trial during the regular sessions of said board, his absence to attend such session shall be good ground for postponement or continuance of the case till the session of the board shall have come to an end.

SEC. 1279. The office of any member of the board of trustees shall be vacated if he neglects to furnish good and satisfactory excuse, in writing, to the board for