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AN ACT TO PROVIDE FOR THE ORGANIZATION AND MAINTENANCE OF THE ILLI.
NOIS INDUSTRIAL UNIVERSITY.
Approved February 28, 1867. Section 1. That it shall be the duty of the governor of this state within ten days from the passage of this act, to appoint five trustees, resident in each of the judicial grand divisions of this state, who, together with one additional trustee, resident in each of the congressional districts of this state, to be appointed in like manner, with their associates and successors, shall be a body corporate and politic, to be styled “The Board of Trustees of the Illinois Industrial University;" and by that name and style shall have perpetual succession, have power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to acquire, hold and convey real and personal property; to have and use a common seal, and to alter the same at pleasure ; to make and establish by-laws, and to alter or repeal the same as they shall deem neces sary, for the management or government, in all its various departments and relations, of the Illinois Industrial University, for the organization and endowment of which provision is made by this act. Said appointments to be subject to approval or rejection by the Senate at its next regular session thereafter, and the appointees to be and they are hereby authorized to act as trustees as afore. said, until their successors shall be appointed by the governor and such appointment shall be approved by the senate.
§ 2. The members of the board of trustees, and their successors, shall hold their office for the term of six years each: Provided, that at the first regular meeting of said board, the said members shall determine by lot, so that, as nearly as may be, one-third shall hold their office for two years, one-third for four years, and one-third for six years from the first day of said meeting. The governor, by and with the advice and consent of the senate, shall fill all vacancies which may at any time occur by expiration of term of office, or otherwise, in said board, by appointment of suitable persons resident in the respective grand divisions and congressional districts in which such vacancies may occur. Said board of trustees may appoint an executive committee of their own number, who when said board is not in session, shall have the management and control of the same, and for that purpose have and exercise all the powers hereby conferred on said board which are necessary and proper for such object.
§ 3. In case the board of trustees shall at any time determine to establish a branch or department of said University at any points elected by them, such branch or department shall be under the control of the members of said board residing in the grand division and congressional district where such branch shall be located, unless otherwise ordered by said board of trustees : Provided that no portion of the funds resulting from the congressional grant of land for the endowment of said University, or from any donation now or hereafter to be made by the county, city or town at or near which said University is located; and no portion of the interest or proceeds of either of said funds shall ever be applied to the support of any branch or department located outside of the county wherein said University is located by this act.
§ 4. The first regular meeting of the board of trustees shall he held at such place as the governor may designate, on the second Tuesday in March A. D. 1867, at which meeting they shall elect a regent of the university, who, together with the governor, superintendent of public instruction and president of the state agricultural society, shall be ex-officio, members of said board of trustees. Said regent, if present, shall preside at all meetings of the board of trustees and of the faculty, and shall be charged with general supervision of the educational facilities and interests of the University. His term of office sball be two years, and his compensation shall be fixed by the board of trustees.
§ 5. At the first, and at each biennial meeting thereafter, it shall be the duty of the board to appoint a treasurer, who shall not be a member of the board, and who shall give bonds, with such security as the board of trustees sball deem amply sufficient to guard the University from danger of loss or diminution of the funds intrusted to his care. The trustees may appoint, also, the corresponding secretary, whose duty it shall be, under the direction or with the approval of the trustees, to issue circulars, directions for procuring needful materials for conducting experiments, and eliciting instructive information from persons in various counties, selected for that purpose, and skilled in any branch of agricultural, mechanical and industrial art; and to do all other acts needful to enable him to prepare an annual report regarding the progress of the University, in each department thereof-recording any improvements and experiments made, with their costs and results, and such other matters, including state, industrial and economical statistics, as may be supposed useful; not less than five thousand copies of which reports shall be published annually, and one copy be transmitted by said corresponding secretary, by mail, free, to each of the other colleges endowed under the provisions of an act of congress, approved July 2, 1862, entitled "An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts; one copy to the United States Secretary of the interior; and one thousand copies to the Secretary of state of this state, for the state library, and for distribution among the members of the general assembly. Also, a recording secretary, whose duty it shall be to keep faithful record of the transactions of the board of trustees, and prepare the same for publication in said annual report. The said treasurer, corresponding and recording secretaries to receive such compensation as the trustees may fix, and to be paid in the same manner as the teachers and other employees of the university are paid.
6. No money shall be drawn from the treasury of the University, except by order of the board of trustees, on warrant of the regent, drawn upon the treasurer, and countersigned by the recording secretary.
7. The trustees shall have power to provide the requisite buildings, apparatus and conveniences; to fix the rates for tuition; to appoint snch professors and instructors, and establish and provide for the management of such model farins, model art, and other departments and professorships, as may be required to teach, in the most thorough manner, such branches of learning as are related to agriculture and the mechanic arts, and military tactics, without excluding other scientific and classical studies. They may accept the endowments of voluntary professorships or departments in the University, from any person or persons or corporations who may proffer the same, and, at any regular meeting of the board, may prescribe rules and regulations in relation to such en. dowments, and declare on what general principles they may be admitted:
Provided, that such special voluntary endowments or professorships shall not be incompatible with the true design and scope of the act of congress, or of this act; and they shall, as far as practicable, arrange all the regular and more important courses of study and lectures in the University, so that the students may pass through and attend upon them during the six autumn and winter months, and be left free to return to their several practical arts and industries at home during the six spring and summer months of the year, or to remain in the University and pursue such optional studies or industrial avocations as they may elect: Provided, that no student shall at any time be allowed to remain in or about the University in idleness, or without full mental or industrial occupation: And provided further, that the trustees, in the exercise of any of the powers conferred by this act, shall not create any liability or indebtedness in excess of the funds in the hands of the treasurer of the University at the time of creating such liability or indebtedness, and which may be specially and properly applied to the payment of the same.
§ 8. No student shall be admitted to instruction in any of the departments of the University who shall not have attained to the age of fifteen (15) years, and who shall not previously undergo a satisfactory examination in each of the branches ordinarily taught in the common schools of the state.
9. Each county in this state shall be entitled to one honorary scholarship in the University, for the benefit of the descendants of the soldiers and seamen who served in the armies and navies of the United States during the late rebellion-preference being given to the children of such soldiers and seamen as are deceased or disabled ; and the board of trustees may, from time to time, add to the number of honorary scholarships when, in their judgment, such additions will not embarrass the finances of the University; nor need these additions be confined to the descendants of soldiers or seamen; such scholarships to be filled by transfer from the common schools of said county, of such pupils as shall, upon public examination, to be conducted as the board of trustees of the University may determine, be decided to have attained the greatest proficiency in the branches of learning usually taught in the common schools, and who shall be of good moral character, and not less than fifteen (15) years of age. Such pupils, so selected and transferred, shall be entitled to receive, without charge for tuition, instruction in any or all departments of the University for a term of at least three (3) consecutive years: Provided, said pupil shall conform, in all respects, to the rules and regulations of the University, established for the government of the pupils in attendance.
§ 10. The faculty of the University shall consist of the chief instructors in each of the departments. No degrees shall be conferred, nor diplomas awarded by authority of the board of trustees, or of the faculty, except that the trustees, on recommendation of the majority of the faculty, may authorise the regent of the University to issue to applicants certificates of scholarship, under the seal of the University; which certificate shall, as far as practicable, set forth the precise attainments, as ascertained by special examination, of the parties applying for the same, respectively, in the various branches of learning they may have respectively studied during the attendance in the University, and every pupil who shall have attended upon instruction in the University for not less than one year, maintaining, meanwhile, a good character for faithful. ness in study and correctness of deportment, and who may desire to cease such attendance, shall be entitled to receive such certificate of scholarship as is authorized by this section to be issued. All certificates of scholarships shall be in the English language, unless the pupil should otherwise prefer; and all names and terms on labels, samples, specimens, books, charts and reports shall be expressed, as nearly as may be in the English language.
§ 11. No member of the board of trustees shall receive any compensation for attending on the meetings of the board. At all the stated and other meet. ings of the board of trustees, called by the regent or corresponding secretary, or any five members of the board, a majority of the members shall constitute a quorum: Provided, all the members have been duly notified.
$ 12. It shall be the duty of the board of trustees to permanently locate said University at Urbana, in Champaign county, Illinois, whenever the county of Champaign shall, according to the proper forms of law, convey or cause to be conveyed to said trustees in fee simple, and free from all incumbrances, the Urbana and Champaign Institute buildings, grounds and lands, together with the appurtenances thereto belonging, as set forth in the following offer in bebalf of said county, to wit:
The undersigned, a committee appointed by the board of supervisors of Champaign county, are instructed to make the following offer to the state of Illinois, in consideration of the permanent location of the Illinois Industrial University at Urbana, Champaign County, viz: We offer the Urbana and Champaign Institute buildings and grounds, containing about ten acres; also, one hundred and sixty acres of land adjacent thereto; also, four hundred acres of; land, it being part of section No. twenty one, in township No. nineteen north range No. nine east, distant not exceeding one mile from the corporate limits of the city of Urbana.
Also four hundred and ten (410) acres of land, it being part of section No. nineteen, township No. nineteen, range No. nine east, within one mile of the buildings herein offered.
Also, the donation offered by the Illinois Central Railroad Company of fifty thousand dollars worth of freight over said road for the benefit of said University.
Also, one hundred thousand dollars in Champaign county bonds, due and payable in ten years, and bearing interest at the rate of ten per cent. per annum, and two thousand dollars in fruit, shade and ornamental trees and shrubbery, to be selected from the nursery of M. L. Dunlap, and furnished at the lowest catalogue rates, making an estimated valuation of four hundred and fifty thousand dollars ($150,000.) Titles to be perfect, and conveyance to the state to be made or cause to be made by the county of Champaign, upon the permanent location of the Illinois Industrial University upon th said grounds, so to be conveyed as aforesaid, and we hereby in our official capacity guarantee the payment of said bonds and the faithful execution of the deeds of conveyance, free from all incumbrances, as herein set forth. W. D. SOMERS, T. A. COSGROVE, C. R. MOOREHOUSE,
13. The board of trustees shall, by and with the advice and consent of the
governor and adjutant general, procure all such arms, accoutrements, books and instruments, and appoint such instructors, as may, in their discretion, be required to impart a thorough knowledge of military tactics and military engineering, and they may prescribe a uniform dress to be worn by the pupils of
$ 14. That upon the organization of the board of trustees and the appointment of said treasurer, and the filing with and the approval by said board of
the bond of said treasurer, and all of said foregoing acts being duly certified to the governor, under the hand of said regent, countersigned by the said recording secretary, it shall then become the legal duty of said governor to deliver over to said treasurer the land scrip issued by the United States to this state, for the endowment of said University, and that thereupon it shall become the duty of said treasurer to sell and dispose of said scrip at such time, place, in such manner and quantities, and upon such terms as such board shall, from time to time, prescribe, or to locate the same as said board may direct. Said treasurer being in all respects pertaining to the sale of said scrip, and the reinvestment of the proceeds received therefor, and the securities when reinvested, subject to such order and control of said board as is not inconsistent with this act and the act of congress providing for the endowment of said university.
Ý 15. That all the right, title and interest of the State of Illinois in and to said land scrip, is hereby invested in the Illinois Industrial University, for the use and purposes herein contained; and said scrip shall be assigned to said University by the governor of the state of Illinois on each certificate, and attested by the secretary of state, under the seal of the state ; and that the transfer of said scrip to purchasers by assignment on the back thereof, by the said officers of said University, under the seal thereof, in manner following, shall be deemed sufficient in law, to wit:
State of Illinois, Nlinois Industrial University
For value received, the State of Illinois hereby sells and assigns to ... the within scrip, and authorizes . ... to locate the same, and obtain a patent on such location. Given under our hands and the seal of said University this A. D. 186
A. B., Regent.
C. D., Treasurer. Countersigned by
E. F., Recording Secretary. 16. That upon said treasurer making sale of any of said scrip, he shall at once invest the fund so received, report the same to the said board, stating amount sold, price obtained and how the same was by him invested; which report shall be filed with the recording secretary, who shall transmit a copy of the same to the governor of said state, and he to the congress of the United States, in accordance with said act of congress.
17. That the said board shall order upon its minutes which of the several , kinds of securities mentioned in the fourth section of said act of congress said treasurer shall invest proceeds of sales in.
18. The bond required to be given by said treasurer shall be conditioned for the faithful discharge of his duties as treasurer of the “Illinois Industrial University," and for any breach thereof suit may be instituted, in the name of the “ Illinois Industrial University;" and it shall be deemed a criminal offense for any person or persons holding in trust any part of the funds of said University knowingly or
to misapply or misappropriate the same, indictable in any court having jurisdiction, in the same manner as other crimes are punishable, by fine or imprisonment, at the discretion of the court, according to the nature of the offense.