po act as an appraiser for and on behalf of said Dorgan, his heirs or assigns. Within thirty days from the time said appraisers are chosen and they have accepted the sition of appraisers. The Governor shall appoint a third person resident of the state to act as umpire. Said appraisers and umpire shall each take and subscribe an oath to faithfully and impartially perform the duties devolving upon them under this act. Immediately upon said appraisers and umpire being selected and sworn said appraisers shall make an appraisal of the cash value of said contract for its unexpired term, and also an appraisal of the cash value of all the property owned by said Dorgan, and located at said Penitentiary and penitentiary grounds, and which has been furnished while said contract has been in force. In case said appraisers shall fail to agree upon the value of said contract, or of any of said of said propery, they shall submit their matters of difference to said umpire, and his decision upon the matters submitted to him shall be final and binding upon both parties. If the said Dorgan, his heirs or assigns, shall select an appraiser and notify the Board of Public Lands and Buildings of his selection, such action on his or their part, as the case may be, shall be taken and construed as an acceptance on the part of said Dorgan, his heirs or assigns, of the provisions of this act, and upon receiving from the state the amount awarded as the cash value of said contract and property, he shall be deemed to have released and surrendered to the said state all his interests in and rights under said contract, and also all his rights to the property covered by said appraisal. When said appraisal is completed it shall be signed by said appraisers and umpire in duplicate, one copy shall be filed with the Commissioner of Public Lands and Buildings and one copy shall be filed with the Auditor of Public Accounts. Upon said appraisal being filed with the Auditor of Public Accounts he shall draw his warrant on the State Treasurer for the amount of said award, after said claim has been audited and approved as required by law, and the treasurer shall pay the said warrant out of the fund hereby appropriated, after deducting the cash value of supplies turned over to W. H. B. Stout as per inventory filed in the office of secretary of State and the cost of constructing the eighty additional cells provided for in the original contract between W. H. B. Stout and the Board of Public Lands and Buildings. If the said Dorgan does not appoint an appraiser then the appraiser appointed by the Board of Public Lands and Buildings and the umpire appointed by the Governor shall appraise the interests of said Dorgan, and thereupon the state shall tender to said Dorgan the appraised value of his interests and upon the failure of said Dorgan to accept the amount tendered, the Governor is hereby authorized and empowered to take possession of the state penitentiary and eject said Dorgan, hereby being empowered to employ the necessary counsel to carry out the provisions of this act. [1895, chap. 66, § 1.] 5199 SEC. 50. All existing contracts for convict labor made by individuals, corporations or co-partnerships with the said Dorgan or his assignor shall remain in full force and unaffected by this act save that the compensation for such convict labor shall be paid to the state after said award shall have been paid instead of to the said Dorgan. [Id., § 2.] 5200 SEC. 51. For the purpose of carrying into effect the provisions of this act there is hereby appropriated out of any money or funds in the state treasury not otherwise appropriated the sum of thirty-five thousand dollars ($35,000.00) or so much thereof as may be necessary. [Id., § 3.] 5201 SEC. 52. An act entitled "An act to extend the contract for leasing the penitentiary, penitentiary grounds and convict labor to C. W. Mosher, assignee of W. H. B. Stout," approved March 2, 1887, and all acts and parts of acts in conflict herewith are hereby repealed. [Id., § 4.] 5202 SEC. 53. That the Board of Public Lands and Buildings shall have power and are hereby directed to manage the state penitentiary, and the said Board is hereby authorized and empowered to lease the labor of convicts to responsible persons, when in their judgment the best interests of the state will be subserved thereby. Provided no contract made shall extend beyond the last day of the session of the next session of the legislature. [Id., § 5.] CHAPTER 87.-STATE UNIVERSITY. 5203 SECTION 1. [Name-Establishment.] That there shall be established in this state an institution under the name and style of The University of Nebraska. [1869, § 1, 172. G. S., 1049.] 5204 SEC. 2. [Object.] 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. 5205 SEC. 3. [Government-Board of regents.] 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. [Amended 1877, 56.] 5206 SEC. 4. [Board of regents-Powers.] 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. [Amended 1877, 56.] 5207 SEC. 5. [Chancellor, professors, etc.] 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. [1869, § 6, 172.] 5208 SEC. 5a. [State botanist, geologist, chemist, entomologist.j That on and after the publication of this act the professor of botany at the state university shall be ex-officio the acting state botanist; the professor of geology shall be ex-officio the acting state geologist; the professor of chemistry shall be ex-officio the acting state chemist; and the professor of entomology shall be ex-officio the acting state entomologist. [Laws, 1893, chap. 37, § 1.] 5209 SEC. 5b. [Same-Duties.] It shall be the duty of these members of the faculty to give special attention to the interests of this state in their respective departments; to furnish all information requested by any official of this state; and to properly arrange and exhibit the collections in their departments, or some portion of these collections, with special reference to showing the varied resources of this state; Provided, That this work shall be so conducted as not to interfere with the original duties as instructors at the university. [Id., § 2.] CHAP. 87. "An act to establish the university of Nebraska." Laws, 1869, 172. Chap 78, G. S., 1019. Took ef fect Feet 15, 1869. Secs. 5 and 9 of the original act were repealed 1877, 59, and are omitted. SEC. 3. The regents may sue and be sued in matters over which express authority is given the corporations; but cannot maintain an action to recover funds belonging to the university. 5 Neb., 428. SEC. 5. See sec. 23, passed subsequent to this section. SECS. 5a-5c. "An act to enlarge and define the duties of certain members of the faculty of the state university. Laws, 1893, chap. 37. Took effect Aug. 1, 1893, 5210 SEC. 5c. [Same-Compensation.] No compensation shall be claimed or allowed on account of services rendered under the provisions of this act. [Id., $ 3.] 5211 SEC. 6. [Colleges.] The university may embrace five departments, towit: 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. [1869, § 7. [1869, § 7. Amended 1877, 56.] 5212 SEC. 7. [Chairs of instruction.] 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. [Id., § 8. Amended 1877, 57.] 5213 SEC. 8. [Model farm-Lands.] 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. [Id., § 10.] 5214 SEC. 9. [Location.] The several buildings of the university shall all be erected within a radius of four miles from the state house. [Id., § 11.] 5215 SEC. 10. [Tutors.] The regents shall, when the number of students in any particular branch of study 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. [Id., § 12.] 5216 SEC. 11. [Colleges-Government.] 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. [Id., § 13.] 5217 SEC. 12. [Degrees-Diplomas.] The board of regents shall have exclusive authority to conter 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. [Id., § 14.] 5218 SEC. 13. [Admission of pupils-Fees-Library fund.] 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 shall be prescribed by the board of regents, precedent to admission, 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 a high school, under the common school laws of the state, may be admitted without further examination. [Id., § 15. Amended 1873, G. S., 1053.] All 5219 SEC. 14. [Tuition, when free.] All persons residing within the 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. other students in these colleges and all who elect to remain under instruction for a longer term than four years shall be required 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. [Id., § 16. Amended 1891, chap. 51.] 5220 SEC. 15. [Text books-Aid to students.] 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 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 the regents within five years. [Id., § 17.] 5221 SEC. 16. [Students-No distinctions.] 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. [Id., $ 18.1 5222 SEC. 17. [Scientific course-Attendance.] 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. [Id., § 19.] 5223 SEC. 18. [Regents' report.] 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 income and expenses, a catalogue of professors, officers, and students for the year, with such other information and recommandations as will apprise the legislature fully of the conditions and wants of the university. [Id., § 20. Amended 1877, 57.] 5224 SEC. 19. [Funds.] 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 |