the sale has not been made. Such copy and certificate shall be filed with the secretary of the board of trustees and become a part of the records of his office.

SEC. 2662. The board of trustees shall certify to the auditor of each county in which leased college lands are situated, on or before the 5th day of January of each year, a list thereof subject to taxation, with the name of each lessee, the date and terms of each lease, the amounts to be paid thereon, and the dates of payment. SEC. 2663. All leases and renewals thereof shall be assignable, and the owner, whether holding one or more leases or renewals, who has made the annual payments therein required, shall be entitled to all the benefits thereof and have the privilege of purchasing the tract or tracts of lands as provided therein, and upon the payment of such purchase money shall be entitled to a patent for the land described in said lease or leases.

SEC. 2664. When a sale is made of any lands the president shall execute to the purchaser a certificate, countersigned by the secretary, stating the fact of purchase, the name of the purchaser, the description of the land, and its fixed value. Upon payment of the purchase price to the State treasurer, the buyer or his assigns will be entitled to a patent or patents therefor, and upon presentation of such certificate to the secretary of state, with the receipt of the treasurer showing full payment, stating the amount, he shall issue to the purchaser, or his assigns, one or more patents for the tract or tracts of land therein described, signed by the governor and secretary of state, as other patents or deeds of land conveyed by the State, which shall vest in the purchaser all the right and title and interest of the State and of said college therein.

SEC. 2665. The principal of all money so collected must be paid to and held by the treasurer of state, and shall be drawn out only for the purpose of investment, upon the order of the board of trustees. The interest or rental collected must be paid at the end of each month to the treasurer of the college, and the agent collecting the same must at the same time file with the secretary of the board of trustees an itemized report of the amount collected.

SEC. 2666. The board shall manage and invest the endowment fund, which may be done in the bonds of the United States or this State or in some other safe bonds yielding not less than 5 per cent on the par value thereof; but the proposed investment shall be submitted to and approved by the executive council before being consummated.

SEC. 2667. It may loan said funds upon approved real estate security, subject to the following regulations: (1) Each loan shall be for a term not exceeding ten years, at a rate of interest to be fixed by said board, not less than 6 per cent per annum, payable annually; (2) each loan shall be secured by a mortgage paramount to all other liens upon improved farm lands in the State, the loan not to exceed 50 per cent of the cash value thereof, exclusive of buildings: (3) principal and interest shall be payable to the order of the board at the office of the State treasurer, the notes and mortgages to provide for the payment by the borrower of all expenses, attorney's fees, and costs incurred in collecting the same; (4) a register containing a complete abstract of each loan, and showing its actual condition. shall be kept by the secretary of said board, and be at all times open to inspection. The attorney-general, under the direction of the executive council, shall prepare the necessary blanks, forms, and instructions to carry into effect the provisions of this section and to keep such loans secure and unimpaired.

SEC. 2668. Subject to approval by the executive council, the board may appoint a financial agent to negotiate loans in accordance with the provisions of this chapter, and take charge of the foreclosure of mortgages and collections from delinquent debtors to said fund when so directed by it. Such agent shall hold his office during the pleasure of the board, and, before entering upon the discharge of his duties, take the oath required of civil officers, and give bond in a penal sum to be determined, and, with sureties, to be approved by said board, conditioned for the faithful performance of the duties of his agency and the payment into the State treasury of all funds which shall come into his hands in connection therewith. Such bond shall be in a sum at least double the amount of funds likely to come into his hands at any time, and be for the use and benefit of said college; and actions for breach of its conditions may be brought in the name of said board.

SEC. 2669. The financial agent shall receive a compensation, to be fixed by the board of trustees, not exceeding the sum of $1,200 annually, and $800 annually in addition for assistants and subagents and all necessary expenses connected with the discharge of his duties, to be paid as that of other officers out of the treasury of the State.

SEC. 2670. The foreclosure of any mortgage belonging to said college may be made in the name of the board of trustees, and in case of sale upon execution

under foreclosure, the premises may be bid off in the name of the college, and if a deed therefor is executed, the premises shall be held for the benefit of the college, and such lands shall be subject to lease or sale the same as its other lands. SEC. 2671. Money collected from delinquents shall at once be paid into the State treasury, the principal of the fund to be there kept and drawn out for the purpose of investment as above provided, subject to such restrictions as may be imposed by the executive council. The State treasurer shall make monthly reports to the secretary of the board of trustees, showing all payments of principal and interest made, and remit to the treasurer of the college. All interest in his hands, as shown by such report, shall be loaned as other funds or used to defray the expenses of the college.

SEC. 2672. The board of trustees may appoint agents or do any other act necessary to carry out the provisions of the preceding sections where no such authority has already been given; but no agent shall be permitted to receive money until he has executed a bond in a sum double the amount he will be likely to receive. which bond, with the sureties, shall be approved by the board. Such agent shall make monthly itemized statements to the secretary of the board of the amount of money received by him, and at the same time transmit to the treasurer of the college all funds in his hands.

SEC. 2673. No person shall open, maintain, or conduct any shop or other place for the sale of wine, beer, or spirituous liquors, or sell the same at any place within a distance of 3 miles from the agricultural college and farm: Provided, That the same may be sold for sacramental, mechanical, medical, or culinary purposes; and any person violating the provisions of this section shall be punished, on conviction by any court of competent jurisdiction, by a fine not exceeding $50 for each offense, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment.

SEC. 2609. The general assembly shall elect the following regents and trustees of the State institutions, all of whom on any one board shall not be of the same political party. * * For the agricultural college, one trustee from each Congressional district who shall hold office for six years.

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SEC. 2610. The term of each regent and trustee shall commence on the 1st day of May following the election; those holding for a term of six years shall be divided as nearly as may be into three equal classes, the terms of one class ending each two years; those for four years into two classes, the terms of one class ending each two years.

SEC. 2611. If the term of any regent or trustee now holding office expires prior to the 1st day of May in the even-numbered year, he shall hold until that time: terms of new regents or trustees shall commence on the expiration of the terms of the present incumbents ending on the 1st day of May of the even-numbered year.

SEC. 2612. Each regent, trustee, president, secretary, and treasurer of the university, and each State institution and all other officers thereof required to give bond, shall, before entering upon his duties, take the oath of office required of civil officers in the chapter upon qualifications for office, which shall be filed with the secretary of state or indorsed upon his bond.

SEC. 2613. Members of the general assembly shall be ineligible to the office of regent or trustee of any of the institutions of the State.

SEC. 2614. All requisitions upon the State treasurer for appropriations made for any State institution, unless otherwise provided, shall be presented quarterly on or after February 15, May 15, August 15, and November 15.

SEC. 2615. A majority of the regents or trustees shall constitute a quorum and may transact any business properly coming before them.

SEC. 2616. Each board of regents and trustees, when organized, may adopt such rules for its regulation and government and for the regulation and government of the institution in its charge, not inconsistent with law, as may seem just and

proper.

SEC. 2617. Regents and trustees shall be allowed $4 for each day actually and necessarily engaged in the performance of official duties, not exceeding thirty days in any one year, and mileage at the same rate as is allowed members of the general assembly. The limitation of thirty days shall not apply to building committees, which shall not consist of more than three members, but such committees shall not charge for or receive compensation for more than sixty days in any one year.

SEC. 2618. All claims of members of boards of trustees or of regents for attendance upon meetings of the board for time actually and necessarily spent in official duties shall be itemized, showing the date of such service and the nature thereof, and shall be sworn to by the claimant and certified to by the president and secre

tary of the board. It shall then be filed with auditor of state, who shall compute the mileage due each claimant by the nearest traveled route from his home to the place of meeting, and shall enter said mileage upon the claim, and, if it be found in due form of law, the auditor shall draw his warrant upon the treasurer of state for the amount of said attendance and mileage. No compensation shall be allowed any members of such boards except as provided in this chapter.

SEC. 2619. The secretary of state shall, upon request, furnish proper blanks prepared in accordance with this chapter for the purpose of making claims by members of boards of trustees of State institutions for compensation.

SEC. 2620. The auditor shall include in his reports to the governor the amount paid for such services and mileage, and to whom paid.

SEC. 2497. The geological survey of the State shall be under the direction of the geological board, consisting of the governor, the auditor of the State, and the presidents of the agricultural college, the State university, and the Iowa Academy of Sciences.

SEC. 178. Any contingent fund set apart to any office or officer to be expended for the State shall, as used, be entered in a proper book showing when, to whom, and for what purpose it was devoted, and receipts shall be taken therefor, preserved, and filed with the report hereinafter required. On or before the 1st day of November preceding each regular session of the general assembly the officers or persons having charge of the fund shall make report to the State auditor in writing, showing in detail each item of expenditure made, and he shall not be credited with any sum not paid out in the manner contemplated by the law making the appropriation, nor unless the report shall be accompanied with the proper vouchers and receipts. All funds not thus accounted for may be recovered by the State from the proper officer or person, with 50 per cent damages thereon, and the State auditor shall, in his report to the governor, make a detailed statement of the condition of each appropriation contemplated by this section.

SEC. 179. Every person appointed or elected a regent, trustee, manager, commissioner, or inspector, or a member of any board of regents, trustees, managers, commissioners, or inspectors, now or hereafter created or provided by law for the government, control, management, or inspection of any public building, improvement, or institution whatever, owned, controlled, or managed, in whole or in part, by or under the authority or direction of this State, shall, before entering upon the discharge of his duties as such regent, trustee, manager, commissioner, or inspector, take and subscribe an oath, in substance and form as follows: “I, , do solemnly swear that I will support the Constitution of the United States and of the State of Iowa; that I will honestly and faithfully discharge the duties of [my office] according to the laws that now are, or that may hereafter be, in force regulating said institutions, and prescribing the duties of regents, trustees, managers, commissioners, or inspectors thereof (as the case may be); that I will in all things conform to the directions contained in said law or laws, and that I will not, directly or indirectly, as such regent, trustee, manager, or commissioner, or inspector (as the case may be), make or enter into, or consent to, any contract or agreement, expressed or implied, whereby any greater sum of money shall be expended or agreed to be expended than is expressly authorized by law at the date of such contract or agreement.

SEC. 180. Oaths required by this chapter shall be filed in the office of the auditor of state, and he shall not draw any warrant on the State treasury for expenditures made or directed by any such officer until such oaths are so filed.

Acts and resolutions of twenty-seventh general assembly, chapter 76 (1898): SECTION 1. That section 2646 of the code of Iowa be, and the same is hereby, amended by inserting between the word trustees" and the word "but," in the second line of said section, the words "of which the governor and superintendent of public instruction shall be members by virtue of office."

SEC. 2. That section 2650 of the code of Iowa be, and the same is hereby, amended by striking out all of said section up to and including the word “year in the fifth line of said section and inserting therein in lieu thereof the following: "Annual meetings of the board of trustees shall be held at the college during the month of June of each year; the chairman may call special meetings when found expedient. The fiscal college year shall begin on the 1st day of July, and end on the 30th day of June of each year. (Approved March 28, 1898.)

Ibid., chapter 135: That there is hereby appropriated to the State College of Agriculture and Mechanic Arts, out of any moneys in the State treasury not otherwise appropriated, the sum of $5,000, to be used for the purpose of building a carpenter shop on the grounds of the State College of Agriculture and Mechanic Arts, the same to be drawn from the State treasury on the certificate of the board of trustees of said college. (Approved April 6, 1898.)

Ibid., chapter 163: SECTION -. That the board of trustees of the State College of Agriculture and Mechanic Arts be, and are hereby, empowered to purchase not to exceed 40 acres of land adjoining the present college farm, and to pay therefor from the college endowment fund in accordance with the provisions of the original national grant.

SEC.-. When forty or more farmers of a county organize a farmers' county institute, with a president, secretary, treasurer, and an executive committee of not less than three outside of such officers, and hold an institute, remaining in session not less than two days in each year, which institute may be adjourned from time to time and place to place in said county, the county auditor, upon proof of such organization and such institute having been held, together with an itemized statement showing the manner in which the money herein appropriated has bcen expended, shall certify the same to the auditor of state, who shall remit to the treasurer of such county his warrant for not to exceed $50, and there is hereby appropriated out of the moneys in the State treasury, not otherwise appropriated, a sum not to exceed $50 annually for such institute work in each county. No officer of any such farmers' institute shall receive, directly or indirectly, any compensation from said State fund for services as such officer.

SEC. 1676. The money appropriated and paid into the county treasury shall be designated as a farmers' institute fund, and no warrant shall be drawn thereon, except by an order signed by a majority of the members of the executive committee. In case two or more organizations shall claim recognition as farmers' institutes in any county, a bill shall be audited by the board of supervisors, who shall divide said State fund as nearly as possible equitably, but in no case shall more than three institutes be held in one year in any county under the provisions of this chapter.

KANSAS.

Constitution (1859): SEC. 188. Provision shall be made by law for the establishment at some eligible and central point of a State university for the promotion of literature and the arts and sciences, including a normal and an agricultural department. All funds arising from the sale or rents of lands granted by the United States to the State for the support of a State university, and all other grants, donations, or bequests, either by the State or by individuals for such purpose, shall remain a perpetual fund, to be called the "university fund," the interest of which shall be appropriated to the support of the State university.

SEC. 184. No religious sect or sects shall ever control any part of the common school or university funds of the State. [Probably this covers the fund of 1852, which was received by the State subsequently to the adoption of the constitution. The State university is mentioned under "Article VI-Education," and not under "Article VII-Public institutions."]

[The following matter is taken from the "General Statutes of Kansas, 1899, being a compilation of all the laws of a general nature, including the session laws of 1899, annotated to and including Kansas Reports, volume 59, and Kansas Appeal Reports, volume 7, by C. F. W. Dassler." Topeka, Kans.. 1900.]

SEC. 6523. That the provisions of the act of Congress approved July 2, 1862, are hereby accepted by the State of Kansas; and the State hereby agrees and obligates itself to comply with all the provisions of said act.

SEC. 6524. That upon the approval of this act by the governor, he is hereby instructed to transmit a certified copy of the same to the Secretary of State and the Secretary of the Interior of the United States.

SEC. 6525. Whereas the Congress of the United States, by an act approved July 2. 1862, granted to the State of Kansas, upon certain conditions, 90,000 acres of public lands for the endowment, support, and maintenance of a college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life; and whereas the State of Kansas by its legislature has expressed its acceptance of the benefits of the said act of Congress, and has agreed to fulfill the conditions therein contained: Therefore be it enacted, etc.,

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SEC. 6526. That the college in the foregoing preamble mentioned is hereby permanently located at and upon a certain tract of land situated in the county of Riley and bounded and described as follows: Commencing, etc., * containing 100 acres: Provided, however, That the location of said college as aforesaid is upon this express condition: That the Bluemont Central College Association, in whom the title to said land is now vested, shall within six months from and after the

approval of the governor hereto, cede to the State of Kansas in fee simple the real estate above described, together with all buildings and appurtenances thereunto belonging, and shall within such time transfer and deliver to said State the apparatus and library belonging to said Bluemont Central College Association. SEC. 6527. The governor of the State is hereby authorized to receive the title papers by which the foregoing mentioned property may be transferred to the State, and to cause the same to be duly recorded in the proper office, and to be deposited in the office of the auditor of State.

SEC. 6528. The college for the benefit of agriculture and the mechanic arts, which was located by an act of the legislature of the State of Kansas approved February 16, 1863, shall be known as the Kansas State Agricultural College.

SEC. 6529. The government of the college is vested in a board of seven regents, all of whom shall be appointed by the governor and confirmed by the senate, and whose term of office shall be four years. Five of said regents shall be appointed on or before the 1st day of April, 1897, one of whom shall hold his office until the 1st day of April, 1899, and four of whom shall hold their office until the 1st day of April, 1901. Two others shall be appointed on or before the 1st day of April, 1898, to hold office until the 1st day of April, 1899; and on or before the 1st day of April, 1899, and every four years thereafter, previous to the 1st day of April, three regents (and after the 1st day of april, 1897, four regents) shall be appointed by the governor and confirmed by the senate for a term of four years each, their terms expiring on the 1st of April. (Amended by an act passed in 1901 making the president of the college an ex officio member of the board of regents in place of one of the appointed members.)

SEC. 6530. No one connected with the college as professor, tutor, teacher, or employee shall be a regent.

SEC. 6531. The regents shall elect a president who shall be the chief officer of the college, the head of each department thereof, and secretary of the board of regents, and whose duties and powers, otherwise than as prescribed in this act, shall be prescribed by the board of regents.

SEC. 6532. The board of regents shall constitute the body corporate with the right as such to sue and be sued, to use a common seal and alter the same at pleasure.

[In connection with this section may be quoted the remarks of the Kansas supreme court: "They [the board] are a corporation having the entire control of all departments of the collegeeducational, financial, and administrative. They have the power to appoint and discharge the president and all the professors and teachers, and to fix and increase or diminish their several Salaries. But with all these powers, they are not supreme nor irresponsible. They may sue and be sued, just as the managing officers of other public corporations, such as cities, towns, counties, townships, and school districts may. **** While the legislature unquestionably intended to confer upon the board of regents extensive powers, yet it did not intend to confer upon them the irresponsible power of trifling with other men's rights with impunity; and making the regents responsible for their acts does not in the least abridge their powers. It only tends to make them more cautious and circumspect in the exercise of their powers. But the plaintiff in error (i. e., the board of regents] claims in substance that the board has no legal power to make a contract to employ a president or a professor or a teacher for any particular period of time and therefore that an agreement to employ a president or a professor or a teacher for three months or for any other definite period of time would be an absolute nullity. Now we can not think that this is correct. We think that the board has the power to make a valid contract in advance, * * * and especially so where the board reserves the right to discharge such president, professor, or teacher at any time for misconduct. It would certainly be for the interest of the college that the board should have such power. No man of spirit, of selfrespect, and of capability would want to hold an office or position at the whim or caprice of a body of men with whom he might have but little if any personal acquaintance. No man of spirit, of self-respect, and of capability would accept an office unless he felt that he was reasonably certain to hold the same for some reasonable period of time, * **and generally men

only of inferior talent could be found to accept it or to perform its functions with such a precarious tenure, and even then a higher rate of compensation would be required than where the tenure is more stable and certain." (The Board of Regents of the Kansas State Agricultural College v. Mudge, 21 Kans., pp. 929–930.)]

SEC. 6533. The regents shall have power to enact ordinances, by-laws, and regulations for the government of said college, to elect a president, to fix, increase, and diminish the regular number of professors and teachers, and to appoint the same, and to determine the amount of their salaries. They shall have power to remove the president and any professor or teacher whenever the interest of the college shall require.

SEC. 6534. The college shall consist of four departments: (1) The department of agriculture, (2) mechanic arts, (3) military science and tactics, (4) literature and science.

SEC. 6535. The immediate government of the several departments shall be intrusted to the president and the respective professors and teachers, but the regents shall have power to regulate the course of instruction and to prescribe, under the advice of the faculty, the books and authorities to be used in the several