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grant of 1862; and Whereas, the said act of the forty-ninth congress appropriates to this state the sum of fifteen thousand dollars ($15,000) per annum for the purposes and upon the conditions therein set forth, the same to be paid to the treasurer or other officer duly appointed by the governing board of said college to receive the same; and Whereas, the governor of this state has presented to the legislature his special message with recommendations relating to the subject-matter hereof: Therefore,

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

SECTION 1. That full and complete acceptance, ratification, and assent is hereby made and given by the state of Nebraska to all of the provisions, terms, grants, and conditions and purposes of the grants made and prescribed by the said act of the 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 2, 1862, and of the acts supplementary thereto."

SEC. 2. That a duly authenticated copy of this act shall be prepared and forwarded by the secretary of state to the secretary of the treasury of the United States.

Sec. 3692. "An act assenting, on behalf of the state of Nebraska, to the grants, purposes, terms, and conditions of an act of the congress of the United States, approved August 30, 1890, entitled 'An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of an act of congress approved July 2, 1862,' and to carry into effect the said act of congress in the state of Nebraska." 1891, p. 356. In force March 19.

3692. Whereas, by an act of the congress of the United States, approved August 30, 1890, there is appropriated to this state, for the use and benefit and the more complete endowment and support of the educational institution therein, described, the sum of fifteen thousand dollars ($15,000) for the year ending June 30, 1890, sixteen thousand dollars ($16,000) for the year ending June 30, 1891, and so on until the sum of twenty-five thousand dollars ($25,000) is reached, at which last named amount said congressional appropriation is thereafter to remain fixed annually; and Whereas, it is provided by said act of congress that the money thereby appropriated shall be applied to the more complete endowment and maintenance, in the several states and territories, of colleges for the benefit of agriculture and the mechanic arts, which now are or may be hereafter established in accordance with an act of congress approved July 2, 1862 (wherein no distinction on account of race or color is made in the admission of students), and that said money shall "be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life, and to the facilities for such instruction;" and Whereas, it is provided by said act of congress that "no portion of said moneys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings," and that if said moneys be diminished or lost they shall be replaced by the state or territory to which they belong; and that the grants of money authorized by said act of congress are made subject to the legislative assent of the several states and territories to the purpose of said grants (or upon the assent of the governor thereof during the recess of the legislature); and Whereas, it is provided by said act of congress that the moneys thereby appropriated shall be paid from time to time to the state or territorial treasurer, or other officer who may be designated by law to receive the same, who shall, upon the order of the trustees of the college described in said act, immediately pay the same over to the treasurer of the educational institution entitled to receive the same; and Whereas, the college of ag

riculture and the mechanic arts (now designated by law as the industrial college) of the university of Nebraska, is the college now existing in this state, organized under the provisions of the act of congress of 1862, and thereby entitled to receive the moneys appropriated by the said act of congress of August 30, 1890; and Whereas, the treasurer of the state of Nebraska has received the sum of fifteen thousand dollars, the first installment of money appropriated under the said act of congress last named, in pursuance of the assent of the governor; Therefore,

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

SECTION 1. That full and complete acceptance, ratification, and assent is hereby made and given by the state of Nebraska to all and every one of the grants, purposes, terms, and conditions set forth in an act of the congress of the United States, approved August 30, 1890, entitled "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress, approved July 2, 1862."

SEC. 2. That all moneys that now are or may hereafter be received by the state treasurer or other state officer, in pursuance and by virtue of the said act of congress, are hereby specifically appropriated and set apart solely for the more complete endow ment, support, and maintenance of the college for the benefit of agriculture and the mechanic arts now existiug in this state under the provisions of an act of congress approved July 2, 1862, and designated by law as the industrial college of the university of Nebraska; and all of said moneys shall be immediately paid over by the treasurer to the authorities of said college, hereinafter designated, without further warrant or authority than is contained herein.

SEC. 3. That for all intents and purposes of this act and of the said act of congress, and to carry the latter into full effect in this state, the board of regents of the university of Nebraska shall be "the trustees of the college" described in the said act of congress, approved August 30, 1890, and referred to in the title of this act, and such fiscal officer as the said board of regents may name and designate and appoint to receive and disburse said moneys under their orders, who shall, for all intents and purposes of this act, and of the said act of congress last mentioned, be the "treasurer" of the said college, and to this officer the state treasurer shall immediately pay over, upon the order of the said board of regents, all moneys which are now in his hands, or which may be hereafter received by virtue of the said act of congress for the use and benefit of said college. The said board of regents are hereby authorized and empowered to make such orders and regulations for the security, control, management, and disbursement of the said moneys as to them shall seem wise and proper and for the best interests of the college.

Secs. 3693 to 3698. "An act to provide for the organization of the students of the university of Nebraska into a battalion and to provide for the commissioning of officers in said organization." 1887, p. 638. In force March 30.

3693. That all male students now attending or who may hereafter attend the university of Nebraska, and who are required, by the rules and regulations that are or may be established by the board of regents of the university for the government of the military department, to attend upon the studies or other exercises of said department, shall be organized, under the form of the battalion, into a body which shall be known and styled the "university cadets."

3694. The officers of the cadet battalion for duty at and while in attendance upon the university, shall be appointed by the commandant in charge of the department, by detail of the general government, and they shall be directly responsible to him in the discharge of all their duties as such officers.

3695. All persons holding appointments under the commandant of the military department of the university as officers of the cadet battalion, at the time of their graduation from the university, between and including the ranks of second lieutenant and colonel, shall be certified with their proper rank, to the governor of the state, by the military officer in charge and the chancellor of the university, and thereupon the governor is authorized and directed to issue his commission in due form to all such persons so certified to him. All persons so commissioned by the governor shall hold their commissions as retired officers of the university cadets, liable to be called into service by the governor in case of invasion, insurrection, or rebellion, in the same manner as the state militia.

3696. The adjutant general of the state shall issue such arms, munitions, accoutrements, tents, and equipments, for the temporary or permanent use of the university cadets, as the board of regents may require and the governor approve. All property so issued, and not intended merely for temporary use, or for consumption or expenditure, shall be receipted for to the adjutant general by the chancellor or other proper officer of the university, and the same shall be subject to return upon demand of the adjutant general, whenever the necessities of the state require.

3697. The selection of officers of the university cadet battalion, for duty during the attendance upon the institution, shall be made upon a basis involving both scholarship and capacity and fitness for command, and according to such rules and regulations as the board of regents may prescribe. The board of regents shall make all needful rules and regulations to carry into effect the purposes of this act, consistent with the constitution and laws of this state.

3698. The commandant or officer in charge of the military department of the university shall make quarterly reports to the adjutant general of the state, showing the number, organization, discipline, and equipment of the university cadets.

SUBDIVISION XIV.-SCHOOLS IN CITIES.

3699. That each incorporated city in the state of Nebraska, or those hereafter incorporated as such, having a population of more than fifteen hundred inhabitants, including such adjacent territory as now is or hereafter may be attached for school purposes, shall constitute one school district, and be known by the name of "the school district of (name of city), in the county of (name of county), in the state of Nebraska," and as such, in that name, shall be a body corporate, and possess all the usual powers of a corporation for public purposes, and in that name and style may sue and be sued, purchase, hold, and sell such personal and real estate, and control such obligations as are authorized by law, and the title to all school buildings or other property, real or personal, owned by any school district within the corporate limits of any city, shall, upon the organization of a district under the provisions of this subdivision, vest immedateiy in the new district; and the board of education by this subdivision provided, shall have exclusive control of the same for all purposes herein contemplated; Provided, That any territory not included within the corporate limits of any city, and containing territory or a number of children sufficient to constitute a school district under the provisions of this chapter, may, by petition signed by at least a majority of the legal voters of such territory, and a majority of the board of education of such city, be by the county superintendent erected into a separate district under the conditions imposed by this chapter; Provided further, That in case any city above described shall embrace more than one entire school district, and the fractional part of another school district shall extend within the corporate limits of said city, the fractional part so embraced within said corporate limits shall be exempt from the provisions of this subdivision, until such

time as a majority of the legal voters of said fractional part shall petition the board of education of said city to be included in said district, and upon the receipt of such petition by said board, the fractional part shall be included within the said district, for all purposes of this subdivision.

Amended 1883, p. 296. A city of the second class having a population of more than 2,000 (now 1,500) inhabitants, including such adjacent territory as may be attached for school purposes, may be formed into one school district, and the boundaries of the school district are not necessa rily limited to the city boundaries. 10, 12 (4 N. W., 379). New district becomes liable for debt of old, and tax properly levied on all of new district to pay the same. 15, 4 (16 N. W., 902).

3700. That all schools organized within the limits of said cities shall be under the direction and control of the boards of education authorized by this subdivision. Such schools may be free to all children between the ages of five and twenty-one years, whose parents or guardians reside within the limits of said district,

3701. That the boards of education contemplated by this subdivision shall consist of six members, who shall be elected upon a general ticket from among the legal voters who are taxpayers, at the time for holding the general city election in each year. At the first election in cities organized under this act two members shall be elected for the term of three years, two for two years, and two for one year, and annually thereafter two members shall be elected for three years and until their successors are elected and installed in office; Provided, That in cities of the first class the board of education shall consist of nine members, who shall be qualified electors of said city, and who shall be actual taxpayers, who shall be elected at the times and hold their offices for the terms hereinafter prescribed, to-wit: At the first annual city election held after organizing under this act, three members shall be elected for the term of three years, three for two years, and three for one year; and annually thereafter their successors shall be chosen for the term of three years, and all members so elected shall serve until their successors are duly elected and qualified. In cities now organized under this act, no vacancy shall be created because of this amendment. It shall be the duty of the mayor of any city now organized or hereafter organized under the provisions of this subdivision, to give public notice to the electors thereof of the number of persons who shall be chosen by them as members of a board of education for the school district of (name the city) at the ensuing annual election for city officers.

Amended 1883, p. 297; 1885, p. 327.

3702. That the ballots for the election of members of the board of education, for authorizing the issuance of bonds, or the purchase of sites and erection of buildings, shall in all cases be deposited in boxes especially prepared for that purpose, and be received and returns made by the regular election board; but the returns for the election of members shall be canvassed in the same manner as provided for in the case of city officers; the returns for the issuance of bonds, purchase of sites, and erection of buildings, shall be made to and canvassed by the board of education.

3703. That all persons elected as members of the boards of education shall, on or before the first Monday of the month following their election, take and subscribe the usual oath of office. In case any person elected shall fail so to do, his election shall be void, and the vacancy thereby occasioned shall be filled by the board, as hereinafter provided.

3704. That the regular meetings of the boards of education shall be held upon the first Monday of each month; but special meetings may be held from time to time, as circumstances may demand, and all meetings of the board shall be open to the public, unless otherwise specially ordered.

3705. That the boards of education shall have power to select their own offi

cers, make their own rules and regulations, subject to the provisions of this subdivision; but no member of the board, excepting the secretary, shall receive or accept any compensation for services performed in discharging the duties of his office. 3706. That the members of each board of education, at their first regular meeting succeeding their election each year, shall elect a president, vice-president, and secretary from their number, who shall serve for the term of one year, or until their successors are elected; they may also elect at any regular meeting one superintendent of public instruction, with such salary as the board may deem just, and they may enter into contract with him, in accordance with their discretion, for a term of years not to exceed three years. The election of the officers of the board, of the superintendent and teachers, and for filling vacancies in the board, shall be by ballot, and no person shall be declared elected except he receive the vote of a majority of all the members of the board.

Amended 1883, p. 298.

3707. That it shall be the duty of the president to preside at all meetings of the board, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys.

3708. That it shall be the duty of the vice president to perform all the duties of the president, in case of his absence or disability.

3709. That it shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and documents, to countersign all warrants for school moneys drawn upon the city treasurer by order of the board, to apply for and receive school funds from the county treasurer or other person to whom such funds are payable by law, and deposit the same with the treasurer of the board, and to perform all such other clerical duties as the board may require; and for his services he shall receive such salary as the board may deem adequate.

3710. That before entering upon the discharge of his duties the secretary of the board shall give bonds in a sum of not less than one thousand dollars, to be determined by the board, with good and sufficient sureties, and shall take and subscribe an oath or affirmation, before a proper officer, that he will support the constitution of the state of Nebraska, and faithfully perform the duties of his office.

Amended 1883, p. 299.

3711. That the city treasurer of such city shall be ex-officio treasurer of the board of education; he shall attend all meetings of the board when required to do so; shall prepare and submit in writing, a monthly report of the state of its finances, and shall pay school moneys only upon a warrant, signed by the president, or in his absence by the vice president, and countersigned by the secretary. He shall give bond payable to the county in twice the sum that may be in his possession at any one time of moneys belonging to or under the control of the board of education. Amended 1883, p. 299.

3712. That within ten days after the permanent organization of a board of education as provided for in this subdivision, it shall be the duty of all officers of school districts within the limits of cities aforesaid, to deliver to the officers of the board all property, funds, and papers entrusted to their care for the use of the public schools in such cities, and all funds thus received shall be immediately paid to the treasurer of the board and be by him placed to the credit of the school district provided by this subdivision.

3713. That the boards of education shall have power to fill any vacancies

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