class numbered two, for four years, and class numbered three, for six years, from the first Monday in February, one thousand, eight hundred and fiftyone; biennially thereafter there shall be elected in joint convention of both branches of the Legislature, four members to supply the vacancies made by the provisions of this section, and who shall hold their offices tor six years respectively.

SEC. 6. Whenever there shall be a vacancy in the office of Regents of the University, from any cause whatever, it shall be the duty of the Governor to fill such office by appointment, and the person or persons so appointed, shall continue in office until the close of the session of the Legislature, then next thereafter, and until others are elected in their stead.

SEC. 7. The Regents of the University and their successors in office, shall constitute a body corporate, with the name and style of the "Regents of the University of Minnesota," with the rights as such, of suing and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure.

SEC. 8. The Regents shall appoint a Secretary, a Treasurer, and a Librarian, who shall hold their respective offices during the pleasure of the Board. It shall be the duty of the Secretary to record all the proceedings of the Board, and carefully to preserve all its books and papers; the Treasurer shall keep a true and faithful account of all moneys received and paid out by him, and shall give such bonds for the faithful performance of the duties of his office as the Regents may require.

SEC. 9. The Regents shall have power, and it shall be their duty to enact laws for the government of the University; to elect a Chancellor, who shall be ex-officio, President of the Board of Regents, or when absent, or previous to the election of such Chancellor, the Board may elect one of their own number President pro tem. They may also appoint the requisite number of Professors and Tutors, and such other officers as they may deem expedient; also to determine the amount of their respective salaries; provided that the salaries thus determined, shall be submitted to the Legislature for their approval or dissent.

SEC. 10. The University shall consist of five departments: the department of Science, Literature and the Arts; the department of Law; the department of Medicine; the department of the theory and practice of elementary instruction; the department of Agriculture. The immediate government of the several departments shall be entrusted to their respective faculties; but the Regents shall have power to regulate the course of instruction, and prescribe under the advice of the professorships, the books and authorities to be used in the several departments, and also to confer such degrees and grant such diplomas as are usually conferred and granted by other Universities.

SEC. 11. The Regents shall have power to remove any officer connected with the institution, when in their judgment the interest of the University requires it.

SEC. 12. The admission fee to the University and the charges for tuition in the several departments thereof, shall be regulated and prescribed by the Board of Regents; and as soon as in their opinion, the income of the University fund will permit, tuition in all of the departments shall be without charge to all students in the same, who are residents of the Territory.

SEC. 13. The University of Minnesota shall be located at or near the Falls of St. Anthony; and the Regents, as soon as they may deem expedient, shall procure a suitable site for the erection of the University buildings, and they may proceed to the erection of the same as soon as funds may be provided for that purpose, after such plan or plans as may be approved by a majority of said Board.

SEC. 14. The Regents shall have the power, and it shall be their duty as soon as the requisite funds shall have been secured for that purpose, to estab

lish a preparatory department of said University, and employ teachers for the same, who shall be qualified to give instruction in all the branches of learning usually taught in academies; which preparatory department may be discontinued whenever the Regents may think proper, after the other departments of said University shall have been established.

SEC. 15. The Regents are authorized to expend such portions of the fund, which by the provisions of this chapter may come under their control, as they may deem expedient for the erection of suitable buildings, and the purchase of apparatus, a library, and a cabinet of natural history; and the selection, management and control of all lands, which may hereafter be granted by Congress for the endowment of said University, is hereby vested in the Board of Regents.

SEC. 16. The Regents shall make a report annually, to the Legislature, at its regular session, exhibiting the state and progress of the University in its several departments, the course of study, the number of professors and students, the amount of expenditures, and such other information as they may deem proper, or may from time to time be required of them.

SEC. 17. Meetings of the Board may be called by any seven members thereof, at such time and place as they may deem expedient, and a majority of said Board shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time.

SEC. 18. The Regents, if they shall deem it expedient, may receive into connection with the University, any college within the Territory, upon application of the Board of Trustees; and such college so received, shall become a branch of the University, and be subject to the visitation of the Regents.

SEC. 19. No religious tenets or opinions shall 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 professor, tutor, or officer of said University.

SEC. 20. The legislative assembly may at any time alter, amend, modify, or repeal this chapter.

The Board of Regents, provided for in the above act, was elected by the Legislature, in joint session, on the 4th of March of the same year. The Board consisted of the following: Isaac Atwater, J. W. Furber, William R. Marshall, B. B. Meeker, Socrates Nelson, Henry M. Rice, Alexander Ramsey, Henry H. Sibley, C. K. Smith, Franklin Steele, N. C. D. Taylor, and Abram Van Vorhees.

The University, as thus organized, continued until 1860. Among the things accomplished by the Regents during this organization was the erection of a building and the carrying on of a preparatory school for four years; the purchase of a new site; the erection of a part of the present main building; the location of about thirty-five thousand acres of the Congressional grant of land.

The State Constitution, adopted by the people of the State, October 13th, 1857, refers to the University in the following language:

"The location of the University of Minnesota as established by existing laws, is hereby confirmed, and said institution is hereby declared to be the University of the State of Minnesota. All the rights, immunities, franchises and endowments hereto

fore granted or conferred are hereby perpetuated unto the said University, and all lands which may be granted hereafter by Congress, or other donation for said University purposes, shall vest in the institution referred to in this section."

When the Legislature of 1860 met, it was found that the affairs of the University, owing principally to the financial depresssion of the preceding years, were in such condition that to settle them a new organization of the University, giving the Regents greater powers, was necessary. Accordingly, on the 14th day of February, 1860, the Legislature passed the following act, reorganizing the University:

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. That the object of the State University, established by the Constitution of the State, at or near the Falls of Saint Anthony, shall be to provide the best and most efficient means of imparting to the youth of the State an education more advanced than that given in the public schools, and a thorough knowledge of the branches of literature, the arts and sciences, with their various applications.

SEC. 2. There shall be attached to the University a Collegiate Department, in which as soon as may be deemed expedient by the Board of Regents, hereinafter provided, regular College Classes shall be formed and a Chancellor and the necessary Professors, Tutors and other officers elected.

SEC. 3. There shall also be a department for the training of Teachers for the Common Schools of the State, in which shall be taught the theory and practice of teaching, and everything that will tend to perfect the elementary and other public schools of the State.

SEC. 4. The University shall be governed and managed by a Board of Regents, consisting of the Governor, Lieutenant-Governor, Chancellor, and five electors of the State to be appointed by the Governor, by and with the advice and consent of the Senate, immediately after the passage of this act, and such other persons as may be appointed in accordance with a subsequent provision. Two of the five persons thus appointed shall hold their office for two years, and three for four years. At the expiration of their terms, successors shall be appointed in the same way for a period of four years. Whenever a vacancy occurs by death, resignation, or removal from the State or otherwise, it shall be the duty of the Governor to fill the vacancy, subject to the confirmation of the Senate.

SEC. 5. Any person or persons contributing a sum not less than fifteen thousand (15,000) dollars, shall have the privilege of endowing a Professorship in the University, the name and object of which shall be designated by the Board of Regents. Said person or persons shall have the right to nominate Trustees for the care of the endowment, also an individual to fill the Professorship, and a Regent who shall have the same rights and privileges as those appointed in behalf of the State.

SEC. 6. The University shall never be under the control of any religious denomination.

SEC. 7. The Chancellor's term of office shall be the same in duration as that of District Judge, and his compensation for the performance of his duties as Chancellor shall be such as the legislature may designate from time to time.

SEC. 8. The Board of Regents shall appoint a Secretary and Treasurer who shall hold their respective offices during the pleasure of the Board of Regents. It shall be the duty of the Secretary to record all the proceedings of the board and carefully preserve all its books and papers, and before enter

ing on the duties of the same he shall take and subscribe an oath to perform his duties honestly and faithfully.'

It shall be the duty of the treasurer to keep an exact and faithful account of all moneys received and paid out by him, and before entering upon the duties of his office, he shall take and subscribe an oath that he will faithfully perform the duties of Treasurer, and he shall also give a bond in the penalty of twenty-five thousand (25,000) dollars conditioned for the faithful discharge of his duties as treasurer, and that he will at all times keep and render a true account of all moneys received by him as such Treasurer, and of the disposition he has made of the same, and that he will at all times be ready to discharge himself of the trust, and to pay over when required, which bond shall have two good sureties and shall be approved as to its form and the sufficiency of its sureties by the Board of Regents and also the Auditor and Secretary of State, and shall be filed in the office of the latter. The compensation of the Treasurer shall be the same as may be from time to time designated by the Legislature.

SEC. 9. In all cases where specimens of natural history, and geological and mineralogical specimens, which may be hereafter collected by any one appointed by the State to investigate its natural history and physical resources, they shall belong to, and be the property of the State University. There shall also be deposited in the Library of the University a copy of all the laws, reports, Journals of the Legislature, and other documents published at the expense of the State.

SEC. 10. The University shall consist of such departments as the Board of Regents shall determine subject to the provisions of this act, and the same may be altered or changed as they may prescribe. The immediate government of the several departments shall be intrusted to the Chancellor and Faculty. The method and course of instruction in each department shall be prescribed by the Board of Regents, who shall also confer such degrees, and grant such diplomas as are usually conferred by Universities, or such others as they may deem proper.

SEC. 11. The Board of Regents shall have power, and it shall be their duty to make laws for the government of the University, to elect a Chancellor, also the requisite number of Professors and Tutors, and such other officers as they may deem expedient, and to determine the amount of their respective salaries, except the salary of the Chancellor. They shall have the power to remove any officer connected with the institution, when the good of the institution demands.

SEC. 12. The Board of Regents are authorized to expend such portion of the University Fund as they may deem expedient in the purchase of apparatus, library and cabinet of natural history, in providing suitable means to keep and preserve the same, and in the procurement of all other means and facilities for giving instruction.

SEC. 13. The first meeting of the Board of Regents shall be called by the present Chancellor on or before the first Thursday in April, in the year one thousand eight hundred and sixty, at the Capitol; the annual meeting of the Board shall be held on the last Tuesday of June at the City of Saint Anthony, unless otherwise ordered by a majority of said Board of five Regents. The Chancellor may call special meetings of the Board when he deems it expedient. A majority of said Board shall constitute a quorum to do business.

SEC. 14. The Treasurer of the University shall have a suitable set of books in which he shall keep an accurate account of all transactions relative to the sale and disposition of the University lands, and the management of the fund arising therefrom; which books shall exhibit what parts and portions of land have been sold, at what prices, and to whom, and how the proceeds have been invested, and on what securities, and what land remains unsold, where situated, and of what value respectively.

SEC. 15. No sales of lands belonging to the University shall take place unless the same shall be decided upon at a regular meeting of the Board of Regents, or at one called for that purpose, and then only in the manner upon the notice and on the terms which the Board shall prescribe, and which is authorized by the Constitution, and no member of the Board shall be directly or indirectly interested in any such purchase of such lands upon sale, and it shall be the duty of the Board to invest any such surplus income arising therefrom, which is not immediately required for the purpose of instruction, in United States, or in other well established, interest paying State Stocks, as a perpetual fund for the purpose of securing an income to defray the necessary current expenses as said Board of Regents may deem expedient.

SEC. 16. The Board of Regents shall make an annual report through the Secretary, which shall exhibit the state, condition and progress of the University, in its several departments, the different courses of study pursued therein, the branches taught, the means and method of instruction adopted, the number of Professors and Students, with their names, ages, studies and residences, the situation and condition of the University fund, the income derived therefrom, a specific statement of the amount of expenditures, and such other matter as said Board of Regents may deem proper to communicate, said report shall be completed and deposited in the office of Secretary of State, one month previous to the annual State election, and shall be transmitted by the Governor to the Legislature when the same shall convene.

SEC. 17. Chapter twenty-eight (28) of the Revised Statutes of the Territory of Minnesota on pages one hundred and forty-two and forty-three and one hundred and forty-four, relating to the University of Minnesota, and containing twenty (20) sections, is hereby repealed, except so much of Section thirteen (13) as is referred to in Article nine (9) Section eight (8) of the Constitution, provided also that the Regents of said University hereafter appointed shall continue as a body corporate in accordance with Section seven (7) of said Chapter twenty-eight (28).

SEC. 18. This act shall be in force from and after its passage.

This organization continued in force for four years and the Regents were principally concerned with the righting of the tangled affairs of the University. They also began the agitation of the matter of a new land grant from Congress for the use of a State University, maintaining that the lands granted to the Territorial University had been used in paying off the debts of that institution, aud that the State University had received none of the benefits of the grant. This was not finally settled until 1870, in which year, July 8th, Congress passed an act authorizing the Commissioner of the General Land Office to allow the claim of the State of Minnesota.

On March 4th, 1864, the following act was passed:

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. Section four of chapter eighty of the session laws of 1860, being an act entitled "An act providing for the government and regulation of the University of Minnesota," approved February 14th, 1860, is hereby amended so as to read as follows:

SEC. 4. O. C. Merriman, John S. Pillsbury and John Nicols, are hereby appointed sole Regents of the University of Minnesota, for the term of two years from the day of the passage of this act. Before entering upon the duties of this office, each of said Regents shall give a bond to the State of Minnesota, executed by himself, and not less than two sureties, to be approved by the State Auditor, in the sum of twenty-five thousand dollars, conditioned for the