High Schools for Counties. 4 Aug. 7, 1907, p. 728, § 1. Ib., § 3. Ib., § 4. ARTICLE 20. HIGH SCHOOLS FOR COUNTIES. 1861-1868. SECTION. 1863. High schools controlled by SECTION. 1864. Free schools and office of trus- 1865. Qualifications and eligibility 1868. When article goes into effect. 1861. High school commission to locate and establish.-The governor, auditor, and superintendent of education shall con stitute a commission to locate one high school in each of the counties of this state; provided, that a high school shall not be established under the provisions of this article in any county in which there is already established an agricultural school, normal school for white people, the Polytechnic Institute, the University of Alabama, the Industrial School for White Girls, or a high school free to all the children of the county, until after a high school has been established in all the other counties. 1862. Sites procured; annual donations paid quarterly.— For any county in which the citizens thereof shall secure a suitable site, which shall consist of not less than five acres of land the title to the surface of which shall be in fee (but the land need not include mineral rights), and erect thereon a good and substantial building with all the necessary equipments for a high school, the cost of said land, building, and equipments to be not less than five thousand dollars, and upon making a deed to the State of Alabama of said land, building, and equipments, there shall be appropriated out of any money in the treasury not otherwise appropriated the sum of two thousand dollars for the payment of the teachers in said high school or high schools complying with the provisions of this article, and this appropriation is hereby made to continue ⚫ annually, the same to be paid quarterly upon warrants drawn by the county board of education in the county in which said high school is located, said warrant or warrants to be subject to the approval of the commission hereinbefore created; provided further, that none of said two thousand dollars shall be devoted to any other purpose whatever than the payment of teachers' salaries. 1863. High schools controlled by high school commission and county board of education.-Said school or schools as herein before established shall be under the direction and con University of Alabama. trol of the said commission as a board of trustees in connection with the board of education in the county in which said high school is located. 1864. Free schools and office of trustee not abolished. Nothing in this article shall be so construed as to abolish any free school in any district, or the office of trustee in any district in which said high school may be located. 1865. Qualifications and eligibility of teachers and students. Ib., §§ 5 -No teacher shall be eligible to teach in any high school and 6. established under the provisions of this article, unless holding a first-grade or life certificate. Nor shall any student be eligible to entrance into said high school unless said student can pass a satisfactory examination in the branches of free public instruction in the elementary schools of his or her county. Such schools shall be open to students of the white race regardless of age who have complied with the provisions of this section. 1866. Course of study.—A course of study for such school b., § 7. or schools shall be provided and required by the superintendent of education; but such course of study shall consist of secondary branches of study. 1867. Matriculation fee.-A matriculation fee of one dollar b.. $8. may be charged to each student to defray necessary expenses during each term. Ib.. 1868. When article goes into effect. This article shall not . § 9. go into effect until the governor shall decide that the condition of the treasury will admit of the appropriation herein made. . Amended, Mar. 3, 1903, p. 109, § 1. (r.c.c.) University of Alabama. SECTION. 1884. Law department must be sup- 1885. Police of grounds; appoint- 1887. Executive committee created and authorized to act. SECTION. 1888. Sales, leases, etc., ratified and 1889. Medical department of Uni- 1892. Report must show manner and 1869. (3667) (1058) (1295) Incorporation of university.— The governor and the superintendent of education, by virtue of their respective offices, and the trustees heretofore appointed from the different congressional districts of the state under the provisions of section 264 of the constitution, and such other members as may be from time to time added to the board of trustees, and their successors in office, are constituted a body corporate under the name of "The board of trustees of the University of Alabama," to carry into effect the purpose and intent of the congress of the United States in the grant of lands by the act of April 20, 1818, and of the act of March 2, 1819, to this state, to be by it held and administered for the benefit of a seminary of learning. Historical references: (Aikin's Digest, pp. 427-436, § 8; Clay's Digest, pp. 583-588, § § 1, 2; Mar. 1, 1876, p. 268, § 1.) Original act establishing the university passed Dec. 18, 1820; supplementary act passed Dec. 18, 1821.-Toulmin's Digest, pp. 547-552; supplementary act repealed and amended in part Dec. 24, 1822.-Toulmin's Digest, p. 561. University is simply an agency of the state.-State v. Sowell, 143 Ala. 494 (39 So. 246). 1870. (3668) (1059) (1296) General powers, duties, and liabilities of such corporation.-Such corporation shall have all the rights, powers, and franchises necessary to or promotive of the end of its creation, and shall be charged with all the corresponding duties, liabilities, and responsibilities. (Aikin's Digest, p. 428, §9; Clay's Digest, p. 583, § 3; Mar. 1, 1876, p. 268, §2.) 1871. (3669) (1060) (1297) Power of holding and disposing of property.-Such corporation may hold, and may lease, sell, or in any other manner not inconsistent with the objects or terms of the grant or grants under which it holds, dispose of any property, real or personal, or any estate or interest therein, remaining of the original or any subsequent grant by congress, or by this state, or by any person, or accruing to the corporation from any source, including also the proceeds of the "University Fund," as to it may seem best for the purposes of its institution. (Clay's Digest, p. 583, § 3; Mar. 1. 1876, p. 268, § 3.) University of Alabama. 6, 1907, p. (r.c.e.) 1872. (3670) (1061) (1298) University fund defined; credit const.. $ of state pledged for payment of interest.-The fund desig- 265; Mar. nated in the preceding section as the "University Fund" con- 367. sists of the sum of thirty-six thousand dollars per annum as interest on the funds of the University of Alabama, heretofore covered into the treasury, for the maintenance and support of said institution, which said sum of thirty-six thousand dollars shall be paid to the duly authorized agent of the university as hereinafter provided; and the further sum of twenty-five thousand dollars, annually, is added to and made a part of the university fund. (Mar. 1, 1876, p. 268, § 4.) 1873. (3671) (1062) (1299) When gift or grant not affected; what not a forfeiture.—No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality, when the intention of the grantor or donor can be ascertained; nor shall any default, malfeasance on the part of the trustees or other officers or agents of such corporation, work a forfeiture of any of its rights, powers, privileges, or franchises. (Aikin's Digest, p. 429, § 10; Clay's Digest, p. 583, § 4; Mar. 1, 1876, p. 268, 5.) 1874. (3672) (1063) (1300) Rights, etc., of university continued in corporation.-In addition to the rights, properties, privileges, and franchises herein granted, all rights, properties, privileges, and franchises heretofore, by any act of the legislature, granted to or vested in the University of Alabama, shall vest and continue in such corporation. (Mar. 1, 1876, p. 268, § 6.) 1875. (3673) (1064) (1301) Powers of board of trustees; no exclusion from benefit of "University Fund," etc.-The board of trustees have the power to organize the university by appointing a corps of instructors, who shall be styled the faculty of the university, and such other officers as the interest of the university may require; to remove any such instructors or officers, and to fix their salaries or compensation, and increase or reduce the same at their discretion; to institute, regulate, alter, or modify the government of the university, as they may deem advisable; to prescribe courses of instruction, rates of tuition, price of board, and regulate the necessary expenses of students; and to confer such academic and honorary degrees as are usually conferred by literary institutions. They may delegate to the faculty of the university, or other officers, such powers and functions in the government of the students, and in the administration of the affairs of the uni As amend 3, 1903, p. 109. § 8. University of Alabama. versity, as they may deem proper; but in no cases shall any person be authorized to receive, hold, or disburse any funds of the university without having first given bond, conditioned for the faithful discharge of his duties; and no person shall be excluded from the full benefit of the university fund, or placed at any disadvantage in the pursuit of his studies, who possesses the requisite literary and other qualifications, and is willing to submit to the discipline prescribed for students. (Aikin's Digest, p. 429, § § 11, 26; Clay's Digest, p. 583, § 5; p. 585, § 16; Mar. 1, 1876, p. 268, § 7.) 1876. (3674, 3675) (1065, 1066) (1302, 1303) Classification d. Mar. of trustees; term and oath of office.-The state university shall be under the control of the board of trustees, which shall consist of two members from the congressional district in which the university is located, and one from each of the other congressional districts in the state, the superintendent of education, and the governor, who shall be ex officio president of the board. The members of the board of trustees, as now constituted, shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed, as hereinafter required. Successors to those trustees whose terms expire in nineteen hundred and two shall hold office until nineteen hundred and seven; successors to those whose terms expire in nineteen hundred and four shall hold office until nineteen hundred and eleven; successors to those trustees whose terms expire in nineteen hundred and six shall hold office until nineteen hundred and fifteen; and thereafter their successors shall hold office for a term of twelve years. When the term of any member of such board shall expire, the remaining members of the board shall, by secret ballot, elect his successor, provided, that any trustee so elected shall hold office from the date of his election until his confirmation or rejection by the senate, and, if confirmed, until the expiration of the term for which he was elected, and until his successor is elected. At every meeting of the legislature the superintendent of education shall certify to the senate the names of all who have been so elected since the last session of the legislature, and the senate shall confirm or reject them, as it shall determine is for the best interest of the university. If it reject the names of any member, it shall thereupon elect trustees in the stead of those rejected. In case of a vacancy on said board by death or resignation of a member, or from any cause other than the expiration of his term of office, the board shall elect his successor, who shall hold office until the next session of the legislature. When the name of a successor or successors elected by said board to fill the vacancy or vacancies so occa Const., 264. |