CALIFORNIA. AN ACT TO ESTABLISH AN AGRICULTURAL, MINING AND MECHANICAL ARTS COLLEGE. (Approved March 31, 1866.) SECTION 1. A College is hereby established in accordance with section two of Article IX, of the Constitution of this State, and to carry out in good faith the provisions of an Act of Congress, passed July second, eighteen hundred and sixty-two, granting to the State lands for maintaining an Agricultural and Mechanical Arts College, which shall be known under the name and style of "The Agricultural, Mining and Mechanical Arts College." The design of the Institution in fulfillment of the injunction of the Constitution, is to afford thorough instruction in agriculture, mining, and the natural sciences connected therewith. To effect that object most completely, the institution shall combine physical with intellectual education, and shall be a high seminary of learning, in which the graduate of the common schools can commence, pursue and finish a course of study, terminating in theoretic and practical instruction in those sciences which bear directly upon agriculture, mining and the mechanical arts. § 2. That a Board of Directors is hereby established, which shall be known under the name and style of the State Board of Directors of the Agricultural, Mining and Mechanical Arts College. It shall consist of the Governor of the State, the President of the State Agricultural Society, the President of the Mechanics' Institute of the City and County of San Francisco, and five other members. The five members of the Board of Directors shall be elected by the Legislature in joint convention assembled, three of whom shall be residents of the mining counties of this State, who shall hold their office for the term of two years and until their successors are duly elected and qualified. They shall receive no compensation for their services, but shall be paid their traveling and other necessary expenses while employed on the businsss of the Board. 3. The said Board of Directors shall be a body corporate capable in law of suing and being sued, taking, holding and selling real and personal property, of contracting and being contracted with, of having and using a corporate seal, and of causing all things to be done necessary to carry out the provisions of this act. §4. Any vacancy in said Board, caused by death, resignation, or removal from the State, shall be filled by the remaining members of the Board; provided, however, that the person elected to fill any such vacancy shall be chosen from the same county as the one whose place he shall be elected to fill. $ 5. The Board of Directors provided for in this act shall meet within ten days after the election of the Directors by the Legislature, at the call of and at such place as the Governor of the State, the President of the State Agricultural Society and the President of the Mechanics' Institute, shall direct, and at such other times and places as the Board shall determine. be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished; and the annual interest shall be regularly applied without diminution to the purposes mentioned in the fourth section of this act, except that a sum not exceeding ten per centum upon the amount received by any State under the provisions of this act may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said States. Second. No portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretence whatever, to the purchase, erection, preservation, or repair of any building or buildings. Third. Any State which may take and claim the benefit of the provisions of this act shall provide, within five years, at least not less than one college, as described in the fourth section of this act, or the grant to such State shall cease; and said State shall be bound to pay the United States the amount received of any lands previously sold, and that the title to purchasers under the State shall be valid. Fourth. An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their cost and results, and such other matters, including State industrial and economical statistics, as may be supposed useful, one copy of which shall be transmitted by mail free, by each, to all the other colleges which may be endowed under the provisions of this act, and also one copy to the Secretary of the Interior. Fifth. When lands shall be selected from those which have been raised to double the minimum in price, in consequence of railroad grants, they shall be computed to the States at the maximum price, and the number of acres proportionally diminished. Sixth. No State, while in a condition of rebellion or insurrection against the government of the United States, shall be entitled to the benefit of this act. Seventh. No State shall be entitled to the benefits of this act unless it shall express its acceptance thereof by its legislature within two years from the date of its approval by the President. SEC. 6. And be it further enacted, That land scrip issued under the provisions of this act shall not be subject to location until after the first day of January one thousand eight hundred and sixty-three. SEC. 7. And be it further enacted, That the land officers shall receive the same fees for locating land scrip issued under the provisions of this act as is now allowed for the location of military bounty land warrants under existing laws: Provided, their maximum compensation shall not be thereby increased. SEC. 8. And be it further enacted, That the governors of the several States to which scrip shall be issued under this act shall be required to report annually to Congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same and what appropriation has been made of the proceeds. Approved July 2, 1862. An Act to amend Sec. 5 of an Act, &c., July 2, 1862. Be it enacted, &c., That the time in which the several States may comply with the provisions of the Act of July 2, 1852, entitled "An Act donating public lands, &c. is hereby extended so that the acceptance of the benefits of said act may be expressed within three years from the passage of this act, and the colleges required by the said act may be provided within five years from the date of the filing of such acceptance with the Commissioner of the General Land Office: Provided, that when any territory shall become a State, and be admitted into the Union, such new State shall be entitled to the benefits of the said Act of July 2, 1862, by expressing the acceptance therein required within three years from the date of its admission into the Union, and providing the College or Colleges within five years after such acceptance, as prescribed in this Act; Provided further, that any State which has heretofore expressed its acceptance of the Act herein referred to, shall have the period of five years within which to provide at least one College, as described in the fourth section of said Act, after the time for providing said College, according to the Act of July 2, 1862, shall have expired." Approved July 23, 1866. By JOINT RESOLUTION, approved Feb. 28, 1867, the provisions of the Act of July 2, 1862, and the Act to amend the same, approved July 23, 1866, are extended to the State of Tennessee. CALIFORNIA. AN ACT TO ESTABLISH AN AGRICULTURAL, MINING AND MECHANICAL ARTS COLLEGE. (Approved March 31, 1866.) SECTION 1. A College is hereby established in accordance with section two of Article IX, of the Constitution of this State, and to carry out in good faith the provisions of an Act of Congress, passed July second, eighteen hundred and sixty-two, granting to the State lands for maintaining an Agricultural and Mechanical Arts College, which shall be known under the name and style of "The Agricultural, Mining and Mechanical Arts College." The design of the Institution in fulfillment of the injunction of the Constitution, is to afford thorough instruction in agriculture, mining, and the natural sciences connected therewith. To effect that object most completely, the institution shall combine physical with intellectual education, and shall be a high seminary of learning, in which the graduate of the common schools can commence, pursue and finish a course of study, terminating in theoretic and practical instruction in those sciences which bear directly upon agriculture, mining and the mechanical arts. § 2. That a Board of Directors is hereby established, which shall be known under the name and style of the State Board of Directors of the Agricultural, Mining and Mechanical Arts College. It shall consist of the Governor of the State, the President of the State Agricultural Society, the President of the Mechanics' Institute of the City and County of San Francisco, and five other members. The five members of the Board of Directors shall be elected by the Legislature in joint convention assembled, three of whom shall be residents of the mining counties of this State, who shall hold their office for the term of two years and until their successors are duly elected and qualified. They shall receive no compensation for their services, but shall be paid their traveling and other necessary expenses while employed on the businsss of the Board. §3. The said Board of Directors shall be a body corporate capable in law of suing and being sued, taking, holding and selling real and personal property, of contracting and being contracted with, of having and using a corporate seal, and of causing all things to be done necessary to carry out the provisions of this act. 4. Any vacancy in said Board, caused by death, resignation, or removal from the State, shall be filled by the remaining members of the Board; provided, however, that the person elected to fill any such vacancy shall be chosen from the same county as the one whose place he shall be elected to fill. 5. The Board of Directors provided for in this act shall meet within ten days after the election of the Directors by the Legislature, at the call of and at such place as the Governor of the State, the President of the State Agricultural Society and the President of the Mechanics' Institute, shall direct, and at such other times and places as the Board shall determine. 6. At their first meeting the members shall choose one of their number as President of their own Board, who shall not vote on any question before the Board, unless in case of a tie vote. § 7. At the first meeting of the Board, or as soon thereafter as competent persons can be obtained, they shall appoint a Secretary and Treasurer of the Board, neither of whom shall be a member of the Board of Directors. They shall take such bonds from the Secretary and Treasurer as shall be deemed adequate to secure the faithful performance of their duties by those respective officers. The Secretary and Treasurer shall be chosen biennially, and shall hold their offices for two years from the date of their election, and until their successors are chosen and qualified. § 8. The Board shall direct the disposal of any and all moneys appropriated to the said College. § 9. The Secretary of the Board shall reside and keep his office at or near the said College. It shall be his duty to keep a record of the transactions of the State Board of Directors of said College, which shall be open at all times to the inspection of any citizen of this State. He shall also have the custody of all books, papers. documents, and other property which may be deposited in his office; also keep and file all reports which may be made from time to time by County, State and District Agricultural Societies, Horticultural, Mechanical and Mining Societies; and all correspondence from other persons and societies appertaining to the business of husbandry, mechanics and mining; address circulars to societies, and to the best practical farmers, mechanics and miners in this State and elsewhere, with the view of eliciting information upon the latest and best modes of culture of those products, vegetables, trees, &c., adapted to the soil and climate of our State, and also on all subjects connected with field culture, horticulture, stock raising and the dairy; he shall also correspond with established schools of mining and metallurgy in Europe, and obtain such information respecting the improvements of mining machinery adapted to California, and publish from time to time such information as will be of practical benefit to the mining interests and the working of all oars and metals; receive and distribute such rare and valuable seeds, plants, shrubbery, and trees, as may be in his power to procure from the General Government and other sources, as may be adapted to our climate and soils. To these objects he shall correspond with the Patent Office at Washington, and with the representatives of our National Government abroad, and if possible, procure valuable contributions to agriculture from those sources. He shall aid as far as possible in obtaining contributions to the museums and the library of the said College, and thus aid in the promotion of agriculture, science and literature. He shall keep a correct account of all the proceedings of the Board, and an accurate account of all the moneys received into the Treasury as well as those paid out. § 10. The seeds, plants, trees and shrubbery received by the Secretary, and not needed by the College, shall be, so far as possible, distributed without charge equally throughout the State, and placed in the hands of those farmers and others who will agree to cultivate them properly and return to the Secretary's office a reasonable proportion of the products thereof, with a full statement of the mode of cultivation and such other information as may be necessary to ascertain their value for general cultivation in the State. Information in regard to agriculture and metallurgy may be published by him from time to time in the newspapers of the State; provided it does not involve any expense to the State. § 11. The Secretary shall report to the Legislature at every regular session thereof, and to the Governor of the State on the first Monday in November in each year when the Legislature is not in session, which reports shall embrace all such statements, accounts, statistics, prize essays, and all other information relative to agriculture and mining in general, and proceedings of the State Board of Directors of said College and farm, to be approved by the Board. § 12. The Secretary shall receive as a compensation for his services such a sum as the Board of Directors shall determine, paid quarterly from the State Treasury, in the same manner, as is provided by law for the salaries of State officers. § 13. The course of instruction shall embrace the English language and literature, mathematics, civil, military and mining engineering, agricultural chemistry, mineralogy, metallurgy, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, technology political, rural and household economy, horticulture, moral and natural philosophy, history, book-keeping, and especially the application of science and the mechanical arts to practical agriculture in the field, and mining. §14. The Board of Directors may at any time suspend the sessions of the College temporarily, in case of fire, the prevalence of fatal diseases, and other unforeseen calamity. § 15. The said Board of Directors shall have the general control and supervision of the said College, the farm pertaining thereto, and lands which may be vested in the College by State legislation, purchase or donations; of all appropriations made by the State for the support of the same; and also the management of any lands that may be hereafter donated by the General Government to this State in trust for the promotion of industrial pursuits. The Board shall have plenary power to adopt all such ordinances, by-laws and regulations, not in conflict with this Act, as they may deem necessary to secure the successful operation of the College and promote its designed object. § 16. It shall be the duty of the said Board of Directors to choose a President of the said College before the commencement of the first term of the institution. They shall proceed to choose such tutors, professors and employees, as the necessities of the institution demand. In case of a vacancy in the office of the President, or in case a suitable man cannot be selected, the President of the said Board of Directors, or such member of the Board as shall be designated by them, shall be President protem. of the College, who shall receive such compensation for his services as the Board shall determine. § 17. The President, professors of the College when chosen, and tutors, shall constitute the Faculty of said College. The President of the College shall be President of the Faculty. 18. The Board of Directors, with the advice and consent of the Faculty, shall regulate the course of instruction, prescribe the books to be used, and confer upon the graduates such testimonials as they may see proper. 19. The Faculty shall pass all needful rules and regulations necessary to the government and discipline of the College, regulating the routine of labor, study, meals, and the duties and exercises, and all such rules and regulations as are necessary to the preservation of morals, decorum and health. |