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II. LEGISLATION OF THE STATES ESTABLISHING COLLEGES OF AGRI
CULTURE AND THE MECHANIC ARTS, IN PURSUANCE OF ACTS
AN ACT DONATING PUBLIC LANDS TO THE SEVERAL STATES AND TERRITORIES
WHICH MAY PROVIDE COLLEGES FOR THE BENEFIT OF AGRICULTURE AND THE MECHANIC ARTS.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be granted to the several States, for the purposes hereinafter mentioned, an amount of public land, to be apportoned to each State, a quantity equal to thirty thousand acres for each senator and representative in Congress to which the States are respectively entitled by the apportionment under the censås of eighteen hundred and sixty: Provided, That no mineral lands shall be selected or purchased under the provisions of this act.
Sec. 2. And be it further enacted, That the land aforesaid, after being surTeged, shall be apportioned to the several States in sections or subdivisions of Sections, not less than one-quarter of a section; and whenever there are public lands in a State subject to sale at private entry at one dollar and twenty-five cents per acre, the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State, and the Secretary of the Interior is hereby directed to issue to each of the States in which there is not the quantity of public lands subject to sale at private entry at one dollar and twenty-five cents per acre to which said State may be entitled under the provisions of this act, land scrip to the amount in acres for the deficiency of its distributive share; said scrip to be sold by said States and the proceeds thereof applied to the uses and purposes prescribed in this act, and for no other use or purpose whatsoever: Provided, That in no case shall any State to which land scrip may thus be issued be allowed to locate the same within the limits of any other State, or of any Territory of the United States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at one dollar and twenty-five cents, or lese, per acre: And provided, further, That not more than one million acres shall be located by such assignees in any one of the States: And provided, further, That no such location shall be made before one year from the passage of this
SEC. 3. And be it further enacted, That all the expenses of management, superintendence, and taxes from date of selection of said lands, previous to their sales, and all expenses incurred in the management and disbursement of the moneys which may be received therefrom, shall be paid by the States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes hereinafter mentioned.
SEC. 4. And be it further enacted, That all moneys derived from the sale of the lands aforesaid by the States to which the lands are apportioned, and from the sales of land scrip hereinbefore provided for, shall be invested in stocks of the Tnited States, or of the States, or some other safe stocks yielding not less than five per centum upon the par value of said stocks; and that the moneys so inFested shall constitute a perpetual fund, the capital of which shall remain forever undiminished, (except so far as may be provided in section fifth of this act.) and the interest of which shall be inviolably appropriated by each State which may take and claim the benefit of this act to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactirs, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in several pursuits and professions in life.
SEC. 5. And be it further enacted, That the grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions herein before contained, the previous assent of the several States shall be signified by legislative acts:
First. If any portion of the fund invested, as provided by the foregoing section, or any portion of the interest thereon, shall
, by any action or conticgency,
he 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 farme, 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, witìin 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 dato 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 Aet donating publie 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.
As ACT TO ESTABLISH AN AGRICULTURAL, MINING AND MECHANICAL ARTS
(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 Vechanical 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 tern 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.