in the principles and practice of the various branches of learning taught in our public schools.

3663. The board shall make such rules and regulations for the admission of pupils to the school as may seem to be best for the interest of the school and not inconsistent with the purpose for which the school has been established.

Secs. 3664 to 3685.

STATE UNIVERSITY.

"An act to establish the university of Nebraska." 1869, p. 172. In force February 15. (Secs. 5 and 9 repealed 1875, p. 59.)

3664. That there shall be established in this state an institution under the name and style of "The University of Nebraska."

For act of location see sec. 3891.

3665. The object of such institution shall be to afford to the inhabitants of this state the means of acquiring a thorough knowledge of the various branches of literature, science, and the arts.

3666. The general government of the university shall be vested in a board of six regents, elected by the electors of the state at large, according to the provisions of the constitution of 1875. Vacancies occurring in the board between one general election and another may be filled by the governor; Provided always, That any person thus appointed to fill a vacancy shall hold his office until the next general election succeeding his appointment, and no longer.

Board formerly consisted of twelve members, not elective. Amended 1877, p. 56. Regents can exercise only delegated powers; may sue and be sued, but cannot maintain an action to recover funds belonging to the university. 5, 428.

3667. The board of regents shall have full power to appoint their own presiding officer and secretary. And they shall constitute a body corporate, to be known as "The regents of the university of Nebraska," and as such may sue and be sued, and may make and use a common seal, and alter the same at pleasure. They may acquire real and personal property for the use of the university, and may dispose of the same whenever the university can be advantaged thereby; Provided, They shall never dispose of grounds upon which buildings of the university are located, without consent of the legislature.

Rewritten 1877, p. 56. Can only dispose of money as appropriated by the legislature. 17, 612 (24 N. W., 202.)

3668. The regents shall have power, and it is hereby made their duty, to enact laws for the government of the university, to elect a chancellor, who shall be the chief educator of the institution, and the prescribed number of professors and tutors, and a steward; to prescribe the duties of all the professors and officers, and to fix their compensation. They shall have power to remove any professor or officer, but only upon the proof of written charges, and after affording to the person complained against an opportunity for defense.

3669. The university may embrace five departments, to-wit: First—A college of literature, science, and art. Second-An industrial college, embracing agriculture, practical science, civil engineering, and the mechanic arts. Third-A college of law. Fourth-A college of medicine. Fifth-A college of the fine arts. Amended 1877, p. 56.

3670. The regents shall be empowered to establish in these several colleges such chairs of instruction as may be proper, and so many of them as the funds of the university may allow. They shall also be authorized to require professors to perform duties in more than one of the several colleges, whenever they shall deem it wise and proper so to do.

Original section specified what chairs should be established. Amended 1877, p. 57.

3671. The governor shall set apart two sections of any agricultural college land,

or saline land, belonging to the state, and shall notify the state land commissioner of such reservation, for the purpose of a model farm, as a part of the college of agriculture; and such land, so set apart, shall not be disposed of for any other purpose.

3672. The several buildings of the university shall all be erected within a radius of four miles from the state house.

3673. The regents shall, when the number of students in any particular branch shall require, elect one or more tutors to give instruction in such branch of study; but such tutors shall not be considered as belonging to the faculty of the college in which they may be employed.

3674. The immediate government of each college shall be by its own faculty, which shall consist of the professors therein, but no course of study shall be adopted, or series of text books used, without the approval of the board of regents.

3675. The board of regents shall have exclusive authority to confer degrees and grant diplomas, but each college may, in its discretion, grant rewards of merit to its own students. No student shall, upon graduation, receive any diploma or degree, unless he shall have been recommended for such honor by the faculty of the college in which he shall have pursued his studies. The regents shall also have power to confer the usual honorary degrees upon other persons than graduates of this university, in recognition of their learning or devotion to literature, science, or art; but no degree shall be conferred in consideration of the payment of money or other valuable thing.

*

3676. The fee of admission to any college in the university shall be five dollars each for all persons, * and the amount arising therefrom, together with all other tuition fees, shall be paid into the hands of the university treasurer, and shall be held as a library fund, and the board of regents shall annually appropriate the same for the purchase of books for the university library. A reasonable course of study, precedent to admission, shall be prescribed by the board of regents, and no applicant who shall fail to pass an examination in any part of such course shall be admitted; Provided, Any person who shall produce a certificate from a county superintendent of common schools, that he has passed honorably through the course of study prescribed in the high school, under the common school laws of the state, may be admitted without further examination.

*to*inserted 1873. G. S., p. 1053.

3677. All persons residing within this state, and who shall fill the requirements of the preceding section, may be admitted to any organized college of the university, and students entering the college of literature, science, and art, or the industrial college, shall not be required to pay any other tuition fee than the matriculation fee during the term of four years. All other students in these colleges, and all who elect to remain under instruction for a longer term than four years, shall be require to pay such fees as the board of regents may determine. Students may be admitted to the colleges of law, medicine, and fine arts upon such terms and be required to pay such tuition and fees as the board of regents may determine. Persons not residents of this state may be admitted to the privileges of the university in any college or department thereof, if otherwise qualified, upon such terms as to the payment of tuition and other fees, in addition to a matriculation fee, as the board of regents may prescribe.

Amended 1891, p. 355.

3678. The regents shall procure all text books to be used in the university, and shall furnish them to students at cost. The regents may, upon The regents may, upon the proper evidence of the good character of any student, and his or her ambition to acquire an

education and inability to provide his or her own means therefor, donate to such student all text books he or she may need, and, by a two-thirds vote, may appropriate money to pay other expenses for such student; Provided, Such student will render an immediate equivalent in personal service for such appropriation, or give a sufficient obligation that he or she will reimburse thé regents within five years.

3679. No person shall, because of age, sex, color, or nationality, be deprived of the privileges of this institution. Provisions shall be made for the education of females apart from male students, in separate apartments or buildings; Provided, That persons of different sexes, of the same proficiency of study, may attend the regular college lectures together.

3680. The regents shall provide a rule for attendance upon the agricultural college and civil engineering and scientific courses, by persons whose employments are such as to allow of their pursuit of study only a portion of the year.

3681. The board of regents shall, at least ten days prior to the meeting of each regular session of the legislature, transmit to the governor, to accompany his message, a printed report of all their doings since their last report, giving in detail all receipts and expenditures of money, and furnishing an estimate for future in come and expenses, a catalogue of professors, officers, and students for the year, with such other information and recommendations as will apprise the legislature fully of the conditions and wants of the university.

Amended 1877, p. 57.

3682. The funds of the university shall be two, to-wit: The endowment fund and the regents' fund. The endowment fund shall be kept by the treasurer in two accounts: First-That derived from the proceeds of the sale of lands donated to the state by the United States, "to establish and endow a state university," under the act of congress of April 19, 1864, in one account; and, Secondly-That derived from the proceeds of the sales of lands donated to the state by the United States to provide colleges for the benefit of agriculture and the mechanic arts, in an act of congress, approved July 2, 1862, in another account. To the funds received from these two sources there shall be added to the first, two-thirds, and to the second, one-third of the proceeds of all lands, or of all moneys, acquired by donation or bequest, where other objects are not stated. All moneys received in any manner as part of the endowment fund shall be invested as fast as five hundred dollars shall accumulate, in such United States, or guaranteed state stocks, or registered county bonds, as will pay not less than 7 per cent annually; and the principal of such investments shall never be appropriated by the legislature, nor used by the regents, for any purpose whatever. The regents' fund shall consist of the proceeds of the investment of the endowment fund, of the proceeds of the annual rental of the university and agricultural college lands leased, of the matriculation and other fees paid by students, and a tax of three-eighths of one mill on the dollar valuation on the grand assessment roll of the state, which shall be levied in the year of 1877, and annually thereafter. The treasurer shall keep the fund in three accounts, to-wit: The university account, the industrial college account, a general account. The first and second shall be exclusively for the payment of salaries in the various colleges, and the third account shall be for appropriations in the discretion of the regents (except as may be specifically provided for by law) for any purpose directly connected with the university. All moneys accruing to the regents' fund are hereby appropriated to the use of the state university, to be disbursed according to the provisions of law. Amended 1877, p. 57. See 9, 470 (4 N. W., 61).

3683. The treasurer of the state shall be the custodian of the principal of the endowment fund of the university, and shall, with the advice of the governor

and auditor, make the investments thereof as provided in section twenty-one of the act to which this is supplementary. He shall pay over monthly to the treasurer of the university, all moneys of the university derived from interest, state university tax, or other sources, which by the preceding section are made applicable to the regents' fund, and take his receipt therefor. The regents shall, from the moneys carried to the general account of the regents' fund, provide necessary furniture for the university building, and all apparatus and text books, and make an annual appropriation for books for a general library. The treasurer of the university shall pay out no moneys except upon a warrant drawn upon the secretary and countersigned by the president of the board of regents, and all warrants so drawn shall distinctly specify the object for which payment is thereby made, and the date of the resolution or order of the board of regents authorizing the draft; and the secretary shall keep a full record of all warrants drawn on the treasury of the university, and shall lay before every meeting of the board of regents a detailed statement of all such warrants drawn subsequent to the preceding session of the board; Provided, No moneys belonging to the regents' fund shall be applied in the construction of the university building; Provided further, That no money arising from the endowment fund shall be diverted from the purpose for which it was intended by act of congress granting

the same.

Rewritten 1870, p. 13.

3684. The regents shall meet at least twice in each year at the university building. They shall receive for their services no compensation, but they may be reimbursed their actual expenses incurred in the performance of their official duties. Amended 1887, p. 58.

3685. No superstructural work upon any building for the university shall be commenced, until the designs and plans therefor shall have been submitted to the board of regents by the commissioners for public buildings, and the architect thereof shall be required, before allowing any such superstructure to be erected, to make such alterations in the plans and specifications as may be directed by a majority of the regents.

Secs. 3686 to 3688. "An act providing for the more efficient government of the state university and for the disposition of funds belonging thereto." 1875, p. 154. In force February 23. (Sec. 1, abrogated by constitution, and sec. 5, being temporary, are omitted.)

3686. The regents shall have power to enact laws for the government of the university; to elect a chancellor, and the prescribed number of professors and tutors, and a steward; to prescribe the duties of all the professors and officers, and to fix the compensation. They shall have power to remove the chancellor, and any professor or tutor, when the interests of the university shall require it.

3687. The office of treasurer of the university is hereby abolished, and the state treasurer is made custodian of the funds, to whom the present treasurer of the university shall turn over, within sixty days, all moneys, securities, books, and papers pertaining to that office.

3688. Disbursements from the university fund shall be made by the state treasurer, upon warrants drawn by the auditor, who shall issue warrants upon certificates issued by the board of regents, signed by the secretary and president. All money accruing to the university fund is hereby appropriated to the use of the state university.

Secs. 3689 and 3690. "An act to appropriate the matriculation and diploma fees, constituting a library fund' for the university of Nebraska, for the use and support of the university.' 1891, p. 449. In force August 1 (see preface). (Act of 1881, p. 392, being superseded by this, is omitted.)

3689. That all moneys which may be received by the state treasurer from the

31st day of March, 1891, to and including the 31st day of March, 1893, on account of matriculation and diploma fees collected from the students of the university of Nebraska, and which by law constitutes a special "library fund" for said university, be and the same are hereby appropriated for the purchase of books for the library of said university.

3690. That for the disbursement of the moneys hereby appropriated the board of regents of the university of Nebraska shall issue certificates signed by its president and secretary in the manner provided by an act of the legislature of the state of Nebraska, approved February 23, 1875, and upon the presentation of such certificates the auditor of public accounts is hereby authorized and required to draw and issue his warrant upon the state treasurer for the amount specified in such certificates, and in favor of the party therein named; Provided, That no warrant shall issue under this act unless there are funds in the hands of the treasurer to pay the

same.

Secs. 3691. "An act on behalf of the state of Nebraska, to accept, ratify, and assent to the provisions, terms, grants, and conditions of an act passed at the second session of the forty-ninth congress of the United States, 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 28, 1862, and of the acts supplementary thereto,' approved March 2d, 1887." 1887, p. 635. In force July 1.

3691. Whereas, the forty-ninth congress of the United States, at its second session, passed an act commonly known as the "Hatch bill," and entitled as follows: "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 2d, 1862, and of the acts supplementary thereto;" and Whereas, said act of congress provides, among other things, that it shall be the object and duty of said experiment stations to conduct original researches or verify experiments on the physiology of plants and animals; the diseases to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of growth; the comparative advantages of rotative cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analysis of soils and water; the chemical composition of manures, natural or artificial, with experiments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digestibility of the different kinds of foods for domestic animals; the scientific and economic questions involved in the production of butter and cheese; and such other researches or experiments bearing directly on the agricultural industry of the United States as may in each case be deemed advisable, having due regard to the varying conditions and needs of the respective states or territories; and Whereas, the said act of congress declares that a leading object of the establishment of the said experimental stations is to aid in acquiring and diffusing among the people of the United States useful and practical information on subjects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science, and prescribes methods to this end, and also prescribes conditions and relations which are to be maintained between the United States and the institutions of learning established in the several states, and which are organized under the land grant of 1862, and provides further that the grants of money authorized by the said act are made subject to the legislative assent of the several states and territories to the purposes of said grants; and Whereas, the university of Nebraska, in the state of Nebraska, has established and maintained a college or department of agriculture known and designated as the "industrial college," in accordance with the provisions of said land