[188] CHAPTER 125.

STATE UNIVERSITY.

AN ACT to locate and establish a state university.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Location. That there shall be established at Iowa City, the present seat of government of the state of Iowa, an institution to be called the "State University of Iowa," with such branches as, in the opinion of the general assembly, the public convenience may hereafter require.

SEC. 2. Public buildings granted-proviso. The public buildings at Iowa City, together with the ten acres of land on which the same are situated, be, and the same are, hereby granted for the use of said university: provided. that the sessions of the general assembly, and the offices of the officers of state, shall be held in the present capitol until otherwise provided for by law.

SEC. 3. Lands donated. The two townships of land, granted by act of congress of July 20th, 1840, for the support of a university, be, and the same are, hereby donated to the said state university, to be and constitute a permanent fund, the interest of which shall be applied exclusively to the support of said university, and such branches as the general assembly shall establish.

Trustees-powers-president. That for the control of said university, and for the better management of the same, there shall be appointed by the general assembly of the state, fifteen trustees, five of whom shall be chosen biennially, who may make such by-laws, rules and regulations, under the general laws of this state authorizing incorporations for educational purposes as may be necessary to organize and regulate said university. The superintendent of public instruction shall be president of the board of trustees, and shall have power to call special meetings of the trustees whenever in his opinion it is necessary.

SEC. 5. Names of trustees-term of office. That James P. Carleton, H. D. Downey, Thomas Snyder, Samuel McCrory, Curtis Bates, Silas Foster, E. H. Lyons, James H. Gower, George G. Vincent, Wm. G. Woodward, Theodore S. Parvin, George Achison, S. G. Matson, H. W. Starr, and Ansel Briggs, be, and they are hereby appointed the first board of trustees, five of whom shall hold their offices two years, five four years, and five six years; their several terms of office to be determined by lot.

SEC. 6. Professorship. That whenever, in the opinion of the superintendent of public instruction, it is necessary, a professorship for the education of teachers of common schools may be instituted, in such manner as in the [189] opinion of said superintendent will best promote the interests of common schools throughout the state.

SEC. 7. Land, how disposed. The two townships of land herein donated to said university, when selected, shall be disposed of by the board of trus tees of said university in the same manner, and under the same regulations, as may be provided by law for the disposition and regulation of the sixteenth sections in the different townships.

SEC. 8. Funds where paid-duty of treasurer. That when said lands shall be disposed of, as provided for in this act, the fund arising therefrom shall be paid into the state treasury; and it is hereby made the duty of the treas urer to loan the same out for a space not less than five years, upon real estate security-the interest thereon payable annually-and the interest

thereof to be subject to the order of the board of trustees of said university, and by them applied to the uses intended by this act.

SEC. 9. Quorum and time of meeting. The said trustees shall meet at such times as shall be fixed by their own appointment, and eight members shall constitute a quorum to transact business.

SEC. 10. Religious denominations. That said university shall never be under the exclusive control of any religious denomination whatever.

SEC. 11. Conditions of students-how selected. That the grants and donations herein made are upon the express condition that the said university shall, so soon as it shall be in the enjoyment of revenue from the said grant and donations at the rate of two thousand dollars per annum, commence and continue the instruction-free of charge-of fifty students annually, in the theory and practice of teaching, as well as in such branches of learning as shall be deemed best calculated for the preparation of said students for the business of common school teaching. Said students to be selected from the different parts of the state in such manner and under such regulations as the governor, the superintendent of public instruction and the judges of the several judicial districts shall determine-said regulations to be subject to the supervision of the general assembly.

SEC. 12. General assembly to have full control. Nothing herein contained shall be construed to prevent the general assembly of this state from exercising full supervision over the said university, its officers, and the grants and donations made or to be made by the state.

SEC. 13. Books-accounts-record. The board of trustees shall keep a set of books, in which they shall keep an accurate account of all transactions relative to the sale and disposition of the land and the management of the fund arising therefrom, and a complete record of all their proceedings in the control and management of the affairs of the university-which shall at all times be open to the inspection of the general assembly, to whom they shall report whenever required.

Approved, February 25th, 1847.

LAWS OF IOWA

159

JOINT RESOLUTIONS

[191] RESOLUTION-NO. 1.

POSTAGE.

JOINT RESOLUTION authorising the secretary of state to effect a loan to defray postage, and for other purposes.

Resolved by the General Assembly of the State of Iowa:

Arrangements with postmaster-secretary to procure loan. That the secretary of the senate and chief clerk of the house of representatives make arrangements with the postmaster at this place, for the receipt and transmission of papers and letters to and from the members of the legislative assembly during the present session; and that the secretary of state be authorized, at any time previous to the adjournment of the present session, to effect a loan, if necessary, for the payment of the same.

Approved, December 10th, 1846.

RESOLUTION-NO 2.

DES MOINES RIVER GRANT.

JOINT RESOLUTION accepting the grant of land for the improvement of the navigation of the Des Moines river.

Resolved by the General Assembly of the State of Iowa:

Grant accepted-proviso. That the donation of land contemplated in an act of congress, approved August 8th, 1846, granting certain lands to the territory of Iowa to aid in the improvement of the navigation of the Des Moines river, in said territory, be, and the same is, hereby accepted for the purposes. specified in said act: provided, that the said grant of land contemplated in the said act does not form a part or come out of the five hundred thousand acres to which the state of Iowa is entitled, upon her entrance into the Union, by virtue of the act of congress of 1841; and

[192] Preamble. Whereas, the general assembly of Iowa does not believe. that this grant ought to constitute a part of the five hundred thousand acres granted to the new states: Therefore,

Further resolution-instructions to representatives. Be it further resolved, That if such was the intention of congress in the passage of the law making the grant, that our representatives in congress be hereby instructed to use their effort to obtain the same grant contemplated in the act of congress of August, 1846, and for the same purpose, separate and distinct from the grant contemplated in the act of 1841.

View as to restriction imposed on sale-representatives requested to procure removal of restriction. Resolved, further, That this legislature is of the opinion that it is contrary to the usage of congress to make donations of lands to states in any manner, except to confine such donation to the particular uses for which it was made: That the restriction in said act of congress of August, 1846, which confines the state to the sales of no more than thirty thousand dollars at any one time, would render it impossible for the state to prosecute the improvement of the Des Moines river in such a manner as would make it advantageous either to the state or contractor, and that we hereby request our delegation in congress to use their efforts to procure such a change in the act of August, granting to Iowa lands for the improvement of the Des Moines river, as will authorize the state to sell and dispose of the lands in any quantity and at any time it may be deemed best to effect the contemplated improvement.

Resolution to be forwarded. Resolved, further, That these resolutions be immediately forwarded to our representatives in congress.

Approved, January 9th, 1847.

RESOLUTION-NO. 3.

MAIL ROUTE.

JOINT RESOLUTION instructing our representatives in congress to procure the establishment of a certain mail route.

Preamble-Mail from Burlington to Iowa City. Whereas, in the opinion of the general assembly of the state of Iowa, public convenience requires the establishment of a mail route from Burlington, via Columbus City, Hillsborough and Port Allan, to Iowa City, in said'state: Therefore,

Resolved, by the General Assembly of the State of Iowa:

Instructions to representatives. That our delegation in congress be instructed to use their endeavors to procure the establishment of said mail route. Copy to be forwarded. Resolved, that a copy of the foregoing resolution be forwarded to our representatives in congress.

Approved, January 9th, 1847.

[193] RESOLUTION-NO. 4.

MUSCATINE ISLAND.

JOINT RESOLUTION asking a donation of land for the improvement of Muscatine island, on the Mississippi river.

Preamble. Whereas, A large portion of the Muscatine Island, in the counties of Muscatine and Louisa, in the state of Iowa, to the extent of some forty or fifty thousand acres of land, is subject to inundation from the waters of the Mississippi river during a great part of the year, thereby wholly obstructing the sale of said lands by the government of the United States; and Whereas, It is confidently believed that the whole of said land is capable of being reclaimed and rendered saleable, by the construction of a levee along the bank of the said Mississippi river from the high grounds on said island, below Bloomington, to the mouth of the Muscatine slough; and