scrip donated by the Congress of the United States by said act of Congress approved July 2, 1862.

SEC. 16. The board of visitors of the State university, or a committee of their body, shall exercise like functions and powers touching said institution as are prescribed by law for said board in relation to the State university.

SEC. 17. As to the additional donation of the proceeds of public lands made to this State by the United States under said act of Congress approved August 30, 1890, the general assembly proposes and reports to the Secretary of the Interior of the United States as a just and equitable division of the funds to be received under said act of August 30, 1800, between one college for white students and one institution for colored students, that one-third of said fund shall be for the colored students and two-thirds for the whites, provided, that this division may be at any time modified by the written consent of the Secretary of the Interior of the United States and the governor of Georgia for the time being, so as to make the same a just and equitable division of the fund arising under said act of Congress of August 30, 1890, between the white and colored people of the State for the purposes of said education.

SEC. 18. The act approved March 3, 1874, entitled "An act to equitably adjust the claims of the colored race for a portion of the proceeds of the agricultural land scrip," by which eight thousand dollars per annum was heretofore appropriated to the Atlanta University, is hereby repealed. And no colored student shall be admitted into the university and no white student shall be admitted into the school for colored students herein provided and established.

SEC. 19. All laws and parts of laws in conflict with the provisions of said act, including said act of March 3, 1874, are hereby repealed. (November 26, 1890.)

IDAHO.

Constitution (1889) Article X: SECTION 1. Educational, reformatory, and penal institutions, and those for the benefit of the insane, blind, deaf and dumb, and such other institutions as the public good may require, shall be established and supported by the State in such manner as may be prescribed by law.

SEC. 2. All property and institutions of the Territory shall, upon the adoption of the constitution, become the property and institutions of the State of Idaho.

[The following matter is taken from the general laws of the State of Idaho.]

General laws, 1888-89: SECTION 1. There is hereby established in this Territory, at the town of Moscow, in the county of Latah, an institution of learning by the name and style of The University of Idaho."

SEC. 2. [See act passed at fifth session.] The government of the university shall vest in a board of regents to consist of nine members chosen from the Territory at large, which board the governor shall nominate and, by and with the advice and consent of the legislative council, appoint. The term of office of said regents shall be two years from the first Monday in February in the year in which appointed.

SEC. 3. The board of regents and their successors in office shall constitute a body corporate by the name of "The Regents of the University of Idaho,” and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings, and other property of said university. The board shall elect a president, secretary, and treasurer who shall perform such duties as shall be prescribed by the by-laws of the board. The secretary shall keep a faithful record of all the transactions of the board and of the executive committee thereof. The treasurer shall perform all the duties of such office, subject to such regulations as the board may adopt, and for the faithful discharge of all his duties shall execute a bond in such sum as the board may direct.

SEC. 4. The time of the election of the president, secretary, and treasurer of said board, and the duration of their respective terms of office and the times for holding the regular annual meeting and such other meetings as may be required, and the manner of notifying the same, shall be determined by the by-laws of the board. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time.

SEC. 5. The board of regents shall enact laws for the government of the university in all its branches, elect a president and the requisite number of professors, instructors, officers, and employees, and fix the salaries and the term of office of each, and determine the moral and educational qualifications of applicants for

admission to the various courses of instruction; but no instruction either sectarian in religion or partisan in politics shall ever be allowed in any department of the university, and no sectarian or partisan test shall 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 whatever. The board of regents shall have power to remove the president or any professor, instructor, or officer of the university, when in their judgment the interests of the university require it. The board may prescribe rules and regulations for the management of the libraries, cabinet, museum, laboratories, and for the care and preservation thereof, with penalties and forfeitures, by way of damages for their violation, which may be sued for and collected in the name of the board, before any court having jurisdiction of such action.

SEC. 6. The board of regents are authorized to expend such portion of the income of the university fund hereinafter created as they may deem expedient for the erection of suitable buildings and the purchase of apparatus, a library, cabinets, and additions thereto.

SEC. 7. At the close of each fiscal year the regents, through their president, shall make a report in detail to the governor, exhibiting the progress, conditions, and wants of the university, the course of study, the number of professors and students, the amount of receipts and disbursements, together with the nature, costs, and results of all important investigations and experiments, and such other information as they may deem important.

SEC. 8. The president of the university shall be president of the faculty or of the several faculties as they may be hereafter established and the executive head of the instructional force in all its departments. As such, he shall have authority, subject to the board of regents, to give general direction to the instruction and scientific investigation of the university, and so long as the interests of the institution require it he shall be charged with the duties of one of the professorships. The immediate government of the university shall be intrusted to the faculty, but the regents shall have power to regulate the course of instruction and prescribe the books or works to be used in the several courses and also to confer such degrees and grant such diplomas as are usual in universities or as they shall deem appropriate, and to confer upon the faculty, by by-laws, the power to suspend or expel students for misconduct or other cause prescribed by such by-laws.

SEC. 9. The object of the University of Idaho shall be to provide the means of acquiring a thorough knowledge of the various branches of learning connected with scientific, industrial, and professional pursuits, and to this end it shall consist of the following colleges or departments, to wit: First, the college or department of arts; second, the college or department of letters; third, the professional or other colleges or departments as may from time to time be added thereto or connected therewith.

SEC. 10. The college or department of arts shall embrace courses of instruction in mathematical, physical, and natural sciences with their application to the industrial arts, such as agriculture, mechanics, engineering, mining, and metallurgy, manufactures, architecture, and commerce in such branches included in the college of letters as shall be necessary to a proper fitness of the pupils in the scientific and practical courses for their chosen pursuits, and, as soon as the income of the university will allow, in such order as the wants of the public shall seem to require, the said courses in the sciences and their application to the practical arts shall be expanded into distinct colleges of the university, each with its own faculty and appropriate title. The college of letters shall be coexistent with the college of arts and shall embrace a liberal course of instruction in language, literature, and philosophy, together with such courses or parts of courses in the college of arts as the regents of the university shall prescribe.

SEC. 11. The university shall be open to female as well as male students, under such regulations and restrictions as the board of regents may deem proper.

SEC. 12. No student who shall have been a resident of the Territory for one year, next preceding his admission, shall be required to pay any fees for tuition in the university, except in a professional department and for extra studies. The regents may prescribe rates of tuition for any pupil in a professional department, or who shall not have been a resident as aforesaid, and for teaching extra studies. SEC. 13. The board of regents herein provided for shall be appointed immediately after this act becomes a law; and within ninety days after the appointment of said regents the board shall meet at Boise City and elect a president, secretary, and treasurer thereof, and shall at said meeting adopt by-laws for the government of said board and the officers chosen by virtue of this act.

SEC. 14. The sum of $15,000 is hereby appropriated out of any money in the Territorial treasury of Idaho, not otherwise appropriated, and the Territorial

comptroller is hereby authorized to draw his warrant on the Territorial treasurer for said amount, and the Territorial treasurer is hereby directed and commanded to pay the same, as hereinafter provided, which money shall be expended for the following purposes, to wit: First, the purchase of a site or grounds for said university, said location to consist of not less than 10 nor more than 20 acres of ground, and for the improvement of the same, and for keeping the same in repair; second, to advertise for and obtain plans and specifications for a university building, under such rules and regulations as the board may impose; third, for the payment of the necessary expenses of said board, as hereinafter provided.

SEC. 15. The president and secretary ex officio, and one member of the board to be appointed by the president thereof, shall constitute an executive committee of said board, whose duties shall be prescribed by the by-laws of the board.

SEC. 16. Upon executing and filing with the Territorial treasurer a good and sufficient bond, in whatever sum the board of regents shall direct, provided said bond shall have been first approved by the Territorial attorney-general, the Territorial treasurer shall pay over to the treasurer of said board the sum of $15,000, or so much thereof as may be available; and in the event said sum is not paid in full upon the execution and delivery of said bond as aforesaid, then the remainder of said sum shall be transferred to the treasurer of said board as speedily as the fund shall accumulate therefor.

SEC. 17. The treasurer of said board shall, out of any moneys in his hands belonging to said board, pay all orders drawn upon him by the president and secretary thereof, when accompanied by vouchers fully explaining the character of the expenditure, and the books and accounts of the treasurer shall at all times be open to the inspection of the board. The treasurer shall make an annual report to the president of the board of all transactions connected with the duties of his office.

SEC. 18. There shall be levied and collected annually a Territorial tax of onehalf mill for each dollar of the assessed valuation of the taxable property of the Territory, which amount, when so levied and collected, shall be appropriated to a university-building fund to remain in the treasury subject to the order of the board of regents; but in no event shall said board appropriate the fund thus collected, or any portion thereof, to any purpose other than that for which said fund was provided: And provided further, That said tax shall not be levied and collected for a longer period than four years.

SEC. 19. The regents shall receive the actual amount of their expenses in traveling to and from and in attendance upon all meetings of the board, or incurred in the performance of any duty in pursuance of any direction of the board; accounts of such expenses shall be duly authenticated and audited by the board, and be paid on their order by the treasurer out of any fund belonging to the university not otherwise appropriated. No regent shall receive any pay, mileage, or per diem except as above prescribed. (January 30, 1889.)

General laws, first session (1890-91): SECTION 1. The assent of the legislature of the State of Idaho is hereby given to all the provisions of an act of Congress approved July 2, 1862, and also to an act 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 the acts supplemental thereto," and the acts amendatory thereof and supplementary thereto. (January 23, 1891.)

General laws, first session (1890-91): SECTION 1. Section 18 of an act to establish the University of Idaho be amended to read as follows: SEC. 18. There shall be levied and collected annually a State tax of three-quarters of a mill for each dollar of the assessed valuation of taxable property of the State of Idaho, which amount, when so levied and collected, shall be appropriated to a university building fund, to remain in the Treasury subject to the order of the board of regents; but in no event shall said board appropriate the fund thus collected, or any portion thereof, to any purpose other than that for which said fund was provided: And provided further, That said tax shall not be levied and collected for a longer period than four years from the date hereof. (February 12, 1891.)

General Laws, second session: SECTION 1. Section 1 of an act to establish the University of Idaho [evidently the act of February 2, 1891, is the one referred to, not section 18 of the act of January 30, 1889, referred to in the foregoing law of February 12, 1891] be amended to read as follows: There shall be levied and collected annually a State tax of three-quarters of a mill for each dollar of the assessed valuation of taxable property of the State of Idaho, which amount when so levied and collected shall be appropriated to a university building fund, to remain in the treasury subject to the order of the board of regents: but in no event shall said board appropriate the funds thus collected or any portion thereof

to any purpose other than that for which said fund was provided, and provided that said tax shall be levied and collected for the years 1893, 1894, and 1895; and that the said board of regents may anticipate the receipt of the said taxes by issuing warrants to the contractors for the erection of the buildings, bearing interest at not more than 6 per cent per annum, payable out of the first moneys received from said taxes, and said warrants shall be a charge upon said taxes only and not a charge against the State. (February 24, 1893.)

General Laws, fifth session: SECTION 1. Section 2 of an act to establish the University of Idaho is amended to read as follows: SEC. 2. The government of the university shall vest in a board of regents to consist of nine members chosen from the State at large, which board the governor shall nominate, and with the advice and consent of the Senate, appoint. The term of office of said regents shall be six years from the first Monday in February in the year in which appointed: Provided, That the regents appointed in the year 1899 shall hold their offices during the following periods: Three shall be appointed for a term of two years, three shall be appointed for a term of four years, and three shall be appointed for a term of six years. The governor shall have power to fill vacancies in the board by appointment, which appointment shall be valid until the last day of the regular session of the legislature following such appointment.

Ibid: SECTION 1. For the purpose of providing money for the finishing and furnishing the State University of Idaho, etc., a loan of $49,000 is authorized.

SEC. 8. Fourteen thousand dollars shall be paid out for expenses incurred in finishing and furnishing the State University of Idaho. (March 9, 1899.)

General Laws, sixth session: SECTION 1. Section 2 of an act "To establish the University of Idaho," is amended to read as follows: SEC. 2. The government of the university shall vest in a board of regents, to consist of five members chosen from the State at large, which board the governor shall nominate, and with the advice and consent of the senate, appoint. The said board shall be nonpartisan, no more than three of whom shall be of the same political party. The terms of office of said regents shall be six years from the first Monday in February in the year in which appointed: Provided, That the regents appointed in the year 1901 shall hold their office during the following periods: One shall be appointed for a term of four years and two shall be appointed for a term of six years. The governor shall have power to fill vacancies in the board by appointment, which appointment shall be valid until the last day of the regular session of the legislature following such appointment. (March 4, 1901.)

Ibid: SECTION 1. For the purpose of providing money for the erection of a school of science hall, and for the erection of a girls' dormitory and the furnishing thereof at the University of the State of Idaho, a loan of $50,000 is hereby authorized, to be negotiated by a board consisting of the governor, treasurer, secretary of state, and attorney-general of the State of Idaho, on the faith and credit of the State of Idaho, and secured by the proceeds, as herein provided, of the sales of school of science lands and timber on such lands, and of the interest on the moneys accruing from the sales of lands and timber belonging to the Agricultural College and the State University.

SEC. 5. For the purpose of securing the payment of the principal of the bonds Nos. 1 to 25, inclusive, provided for in this act, the proceeds of the sale of all the lands, or of the timber growing thereon, granted to the State of Idaho by the United States for the establishment and maintenance of a school of science, are hereby set apart as a separate and distinct fund, to be known as the school of science building fund; and after the payment of said principal of said bonds of this act, then the proceeds of the sales of said lands or timber shall be paid into the general fund in the State treasury until the amount, equal to the total amount of interest that has heretofore been paid out of the general fund on said bonds, issued under the provisions of this act, less the amount of interest that may have been paid into the said general fund from investment of school of science sinking fund money in State warrants as herein provided, has been so paid into the general fund. When the principal of said bonds shall have been fully paid, and the general fund of the State reimbursed for the interest on said bonds provided for in this act, then and thereafter the proceeds of the sales of said lands and timber shall be disposed of as may by law be provided.

SEC. 6. For the purpose of securing the payment of the principal of the bonds Nos. 26 to 50, inclusive, provided for in this act, the interest on the proceeds of the sale of all the lands, or of timber growing thereon, granted to the State of Idaho by the United States for the support and maintenance of an agricultural college and for the support and maintenance of a State university are hereby set apart as a distinct fund, to be known as the university dormitory building fund; and after the payment of said principal of said bonds of this act, then the inter

est on the proceeds of the sales of said lands or timber shall be paid into the general fund in the State treasury until the amount, equal to the total amount of interest that has heretofore been paid out of said general fund on said bonds, issued under the provisions of this act, less the amount of interest that may have been paid into the said general fund from the investment of university dormitory building sinking fund money in State warrants as herein provided, has been so paid into the general fund. When the principal of said bonds shall have been fully paid and the general fund of the State reimbursed for interest on said bonds provided for in this act, then and thereafter the interest on the proceeds of the sale of said lands and timber shall be disposed of as may be provided by law. (March 14, 1901. The act has 9 sections; those omitted deal with the financing of the loan.)

ILLINOIS.

Constitution (1870), Article VIII: SECTION 2. All lands, moneys, or other property donated, granted, or received for school, college, seminary, or university purposes, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made.

SEC. 3. Neither the general assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever anything in aid of any church or sectarian purpose or to help support or sustain any school, academy, seminary, college, university, or other literary or scientific institution controlled by any church or sectarian denomination whatever; nor shall any grant or donation of land, money, or other personal property ever be made by the State or any such public corporation to any church or for any sectarian purpose.

[The following matter is taken from "The Revised Statutes of the State of Illinois, 1901, com. piled aud edited by Harvey B. Hurd." Chicago, 1901.]

Chapter 144: SECTION 1. Any corporation which has been or may be incorporated under any general law of this State for the purpose of establishing or conducting a university, college, academy, or other institution of learning, in addition to the powers granted by such law, shall have power to take by purchase, gift, grant, devise, or bequest, and to hold for the use of such corporation, any real or personal property whatever, and to sell, convey, mortgage, or otherwise use the same as may be considered most conducive to the interests of such institution; but such corporation shall have no power to divert any gift, grant, devise, or bequest from the specific purpose designated by the donor.

SEC. 16. The Illinois Industrial University, located at Urbana, in Champaign County, shall, after the passage of this act, be known as the University of Illinois, and under that name and title shall have, possess, be seized of, and exercise all rights, privileges, franchises, and estates which have hitherto belonged to, or may hereafter inure to, the said Illinois Industrial University.

SEC. 17. There shall be elected at the general election, to be held in the several precincts and counties of this State on the Tuesday next after the first Monday of November, 1888, and every two years thereafter three trustees of the University of Illinois, and the trustees so elected, together with the governor, the president of the State board of agriculture, the superintendent of public instruction, and those persons who may have been appointed by the governor, to be trustees of said university, and whose terms of office shall not have expired, shall constitute the board of trustees of the University of Illinois, and shall succeed to and exercise all the powers conferred by the act "to provide for the organization and maintenance of the Illinois Industrial University," approved February 28, 1867, except as is herein or may be hereafter provided by law.

SEC. 18. The trustees, to be elected as provided in this act, shall be voted for on the same ballots with the State officers to be chosen at such recurring general elections, and the election of said trustees shall be conducted, and the canvass, statement, and returns of the votes cast for said trustees shall be made in the same manner and by the same officers, and shall be governed in every particular by the laws of this State governing a general election. The term of office to be held severally by the trustees so elected and by their successors shall be six years from the second Tuesday of March next succeeding the dates of their several elections, and until their successors shall have been elected and qualified; provided, in case of vacancy in said board such vacancy shall be filled by appointment by the governor until the next general election. Said board of trustees may appoint an executive committee of three chosen out of their own number, which committee, when said board is not in session, shall have the management