when in their judgment the interests of the University require it. degrees. Sec. 10. The University may grant degrees to Granting of students who have satisfactorily completed any of its prescribed courses of study, and it may also grant a special honorary or emeritus degree, to any former member of its faculty, for long or eminent service in the University, but no other honorary degree shall be granted. bequests. Sec. 11. The regents of the University, in their May accept corporate capacity, may take by grant, gift, devise or bequest, any property, real or personal, for the use of the University, of any department thereof, or of any professorship, chair or scholarship therein, or for the library, an observatory, workshops, gymnasiums, apparatus, a student's loan fund, or any other purpose appropriate to the University, and such property shall be taken, received, held, managed and invested, and the proceeds thereof used, bestowed and applied by the said regents, for the purposes, provisions and conditions prescribed by the respective grant, gift, devise or bequest. terms of informality If by the terms of any grant, gift, devise or be- Impractical quest, such as are described in the preceding paragraph, bequest or conditions are imposed which are impractical under the not to defeat laws of the State, such grant, gift, devise or bequest, its purpose. shall not thereby fail, but such conditions shall be rejected and the intent of the donor carried out as near as may be; nor shall any grant, gift, devise or bequest for the benefit of the University be defeated or prejudiced by any misnomer, misdescription or informality whatever; provided, the intention of the donor can be shown or ascertained with reasonable certainty. and adjunct Sec. 12. Any person or persons who may give or Professorship bequeath to the University a sum, not less than forty professorship. thousand dollars, for the purpose of establishing a professorship, in any department, shall have the privilege of giving name to such professorship. In like manner, a gift or bequest of not less than twenty-five thousand dollars for the purpose of founding an adjunct professorship shall entitle the giver to the same privilege. thereof, an first incumbent Sec. 13. Any person or persons who may give to Same, nam ng the University a sum not less than fifty thousand dol- nominating lars, for the purpose of establishing a professorship in any department, shall have the privilege of giving name to such professorship, and of nominating its first Same, naming nating incum of, and desig bents in succession. Rejecting nomination. Fellowship, and naming incumbent. In like manner, a gift or bequest of not less than thirty-five thousand dollars, for the purpose of founding an adjunct professorship, shall entitle the giver to the same privileges. Sec. 14. Any person or persons who may give to the University a sum not less than sixty thousand dollars, for the purpose of establishing a professorship in any department, shall have the privilege of giving name to such professorship, and of designating the manner in which incumbents in succession forever, shall be nominated; Provided, That the Board of Regents of the University shall have the privilege of rejecting any nomination or of removing any incumbent for cause. In like manner, a gift or bequest of not less than forty-five thousand dollars, for the purpose of founding an adjunct professorship, shall entitle the giver to the same privileges. Sec. 15. Any person or persons who may give or bequeath to the University, a sum not less than ten first incumbent. thousand dollars, to found a University fellowship or lectureship, in any department, shall have the privilege of naming such fellowship or lectureship, and of nominating its first incumbent. Same, and designating incumbents in succession. Rejecting nomination. University scholarships. Sec. 16. Any person or persons who may give or bequeath a sum not less than fifteen thousand dollars, to found a fellowship or lectureship in any department. shall have the privilege of naming such fellowship or lectureship and of designating the manner in which incumbents in succession forever shall be nominated: Provided, That in case of a lectureship, the Board of Regents of the University, shall have the privilege of rejecting any nomination, or of removing any incumbent for cause. Sec. 17. University scholarships in the different departments, shall be of three different classes, first, second, third, according as the endowment is three thousand, two thousand or one thousand dollars, and any person or persons, founding a scholarship of any class, or in any department, shall have the privilege of naming the same, and of nominating its first incumbent. Sec. 18. All prior laws relating to the University are hereby repealed; but such repeal shall not be construed to affect the tenure of any officer of said University, nor to revive any law heretofore repealed. Sec. 19. This act shall take effect upon approval. CHAPTER LXXXIV. STATE MILITIA. AN ACT to Provide for the Organization and Government of the State Militia. SECTION 1. Every able bodied male inhabitant, Militia. Sec. 2. The following persons are exempt from Exemptions military duty and enrollment: 1st. Civil and military officers of the United States. 2nd. Civil officers of the State of Utah. 3rd. Practicing physicians. 4th. Members of paid fire departments and policemen. 5th. All persons exempt from military duty by the laws of the United States. from military duty. Sec. 3. The county assessors shall annually make Assessors to a list of all persons living within their respective lim- enroll militia. its, liable to enrollment, and shall file a certified copy thereof with the county clerk, who shall record it in the records of the county, and annually, in September, transmit returns, in figures, of the militia thus enrolled to the Adjutant General. classes. Sec. 4. The militia of Utah, consisting of all per- Militia in two sons subject to military duty as provided by law, and such other persons as may voluntarily enroll themselves, shall be divided into two classes: 1. All persons subject to military duty to be known Enrolled as the "enrolled Militia." Militia. 2: Such persons of the enrolled militia as are or- National guard. ganized, armed and equipped, to be known as the "National Guard of Utah." enlistment. Sec. 5. Every person mustered into the National Term of Guard shall be enlisted for a term of three years to begin at noon on the day of enlistment. All soldiers except non-commissioned staff officers shall be mustered in as privates. Captains shall act as recruiting officers for their organizations. Every person recruited "I, do hereby enlist in (company, Enlistment roll. troop, battery, or etc., as the case may be), of the National Guard of Utah, for the term of three years, subject to all the laws, rules and regulations which may govern the same, and I do declare that I know of no impediment to my serving honestly and faithfully as a soldier for the term of my enlistment." Militia oath. Sec. 6. The following oath shall be administered to all officers and enlisted men upon accepting office or entering the service: "I, do solemnly swear (or affirm) that I will bear true allegiance to the United States of America and to the State of Utah; that I will serve them honestly and faithfully against all their enemies and oppressors whatsoever, and that I will observe and obey the orders of the President of the United States, the Governor of this State and the orders of the officers appointed over me, according to the rules and articles of war for the government of the armies of the United States and of this State." The above oath shall be administered by any commissioned officer duly authorized. Upon the back of every commission shall be printed the following certificate, which shall be signed by the person before whom such officers are qualified: This certifies that appeared before Certificate on me and took and subscribed to the oath required by the laws of Utah and the United States to qualify him to discharge the duties of his office. commission. membership in guard. Dated this day of A. D. 189-. Sec. 7. Application for membership in any or Application for ganized command of the National Guard shall be made at a regular meeting or assemblage, of such organization; and the name of such applicant shall be posted in the company quarters until the next succeeding regular meeting, at which time such applicant may be balloted for; and if acceptable to a majority of the members present at the time of the ballot shall be enlisted by its captain. form by-laws. Sec. 8. Every organized company of the National Company may Guard may form by-laws, rules and regulations, not inconsistent with the laws of the State, for the government and improvement of its members in military science and discipline. Such rules, etc., require the approval of two-thirds of the company and of the Brigadier General, to be binding, and upon a like approval may be altered as becomes necessary. commander-in Sec. 9. The Governor of the State shall be Com- Governor is mander-in-chief of the militia of the State, and may chief. from time to time publish such rules and regulations conformable to laws, as may be needed for its government. require organi rolled militia. Sec. 10. Whenever he shall deem it necessary, Governor may the Governor, as Commander-in-chief, may, by his zation of enproclamation, require the organization of the enrolled militia of the State, or of such portion thereof as may be necessary, and he shall appoint the necessary enlisting officers, and prescribe their duties, issuing all proper orders that may be required in the premises. may be called invasion, etc. Sec. 11. The Commander-in-chief shall have National guard power to call out any portion of the National Guard out to resist. as he may deem necessary to resist invasion, to quell insurrection, aid in the suppression of riot, to aid the civil authorities in the execution of the laws of the State, or in time of public danger; Provided, That this authority shall not be exercised until the local authorities, at the place of disturbance, have exerted their full power to uphold the law, without success. Sec. 12. When the National Guard shall be in Pay of national active service, as provided in section 11 of this act, guard. its commissioned officers shall be paid the same as the officers of like grade in the regular army of the United States, first sergeants and non-commissioned staff officers, two dollars and fifty cents per day; its sergeants, two dollars per day; its corporals, one dollar and seventy-five cents per day; its privates and musicians, one dollar and fifty cents per day. Necessary transportation, medical attendance, supplies and quarters shall also be provided for all officers and enlisted men, and a reasonable compensation shall be made for private animals necessarily used; Provided, That commissioned officers are not entitled to subsistence when receiving the pay of officers of the United States army. When the National Guard, or any part of it, shall be ordered into encampment for military instruction the officers and enlisted men shall receive one-half of the pay authorized by this section. and the necessary transportation and supplies for the period of such encampment. |