Third. All such contributions as may be derived from public or private bounty.

The entire income of all such funds shall be placed at the disposal of the State Board of Education, by transfer to the Treasurer of said Board, and to be kept separate and distinct from the accounts of the State, and all other funds, and to be used solely for the support of the aforesaid colleges and departments of the University or connection therewith. But all means derived from other public or private bounty shall be exclusively devoted to the specific objects for which they shall have been designated by the donor.

SECTION 12. It shall be the duty of the State Board of Education within ninety (90) days from the date of the passage of this Act, if then organized, but if not organized then within ninety (90) days from the organization of the said Board, to select the site for the definite and permanent location of said University of Montana, which site shall be within three miles of the city limits of the City of Missoula; and they shall, at once, take steps or proceedings for procuring the title to the tract or tracts of land so selected by them, and they may, and are hereby empowered to enter into contracts, in the name of the State of Montana, for the purchase of said tract or tracts of land so selected, and may execute such obligations for the payment of the same as will mature when the probable income of the University Fund will pay for the same. The State Board of Education are hereby authorized and empowered to accept, in the name of the State of Montana, such gifts of land and moneys as may be tendered for a University site or to aid in the purchase of said site; and they shall take the proper and necessary conveyances of said tract or tracts of land in the name of the State, Provided, that if such gifts consist of money only or money and land, and the land be not sufficient in amount or not appropriate for a University site, then they shall appropriate such gifts to the payment of said site, and if there be a surplus the same to become a part of the University Fund. Provided, that said tract of land shall not be less than forty (40) acres in extent. APPROVED Feby. 17, 1893.

An Act to Provide for the Location, Incorporation, Establishment, Maintenance, Management and Support of the Montana School of Mines.

Be it enacted by the Legislative Assembly of the State of Montana:

SECTION 1. The State School of Mines is hereby established and

declared to be a body corporate under the name of "Montana State School of Mines" and by that name may sue and be sued, may take and hold real or personal property by gift, bequest, devise, or purchase from the State, and may dispose of the same when authorized so to do by law.

SECTION 2. There shall be a Board of Trustees of said School of Mines, to be composed of five persons, who shall, except as hereinafter provided, hold their office for a period of four years and until their successors are appointed and qualified. Any three of said Board of Trustees shall constitute a quorum for the transaction of business and the said Board shall have such powers and perform such duties as are hereinafter specified.

SECTION 3. The State Board of Education shall within ninety (90) days of the passage of this Act, if such Board shall then be organized, and if not so organized, shall within ninety (90) days after their organization designate and appoint five suitable persons, at least three of whom shall be residents of Silver Bow County; and the persons so appointed by the State Board of Education shall be known as the Trustees of the School of Mines, three of whom shall hold office until Jany 1st, 1896, and two of whom shall hold office until Jany. 1st, 1894, and their terms of office shall be distinctly designated by the State Board of Education.

SECTION 4. Every Trustee hereafter appointed shall, before entering upon the duties of his office, take an oath to support the Constitution of the United States and the Constitution of the State of Montana, and to faithfully perform the duties of his said office of Trustee to the best of his ability and understanding.

SECTION 5. The said Board of Trustees shall have the control and management of the said School of Mines, and of the property belonging thereto, subject to the laws of this State, and to such general control and supervision as shall be vested by law in the State Board of Education, and may make all needful by-laws and regulations for the government of said Board, and for the management and government of said School of Mines, not inconsistent with the laws of this State.

SECTION 6. It shall be the object of such School of Mines to furnish facilities for the education of such persons as may desire to receive special instruction in Chemistry, Metallurgy, Mineralogy, Geology, Mining, Mining Engineering, Mathematics, Mechanics and Drawing.

SECTION 7. The said Board of Trustees are hereby authorized to procure a suitable site at or near the City of Butte, in the County of

Silver Bow and the State of Montana, for said School of Mines, as hereinafter set out, and to erect suitable buildings thereon, and to procure such machinery and other appliances as may be necessary to carry out the object and intention of such institution and to promote the welfare thereof, whenever the funds provided for the establishment of said School of Mines will warrant the same.

SECTION 8. The said School of Mines shall be open and free for instruction to all bona fide residents of this State without regard to sex or color, and, with the consent of said Board students from other States or Territories may receive an education thereat, upon such terms and at such rates of tuition as the Board may prescribe.

SECTION 9. The Board shall, at their first meeting, and bi-annually (bi-ennially?) thereafter, elect one of their number Chairman of said. Board, and shall also appoint a Secretary and Treasurer, either from their own number, or other suitable persons, as they may deem best, and prescribe their duties, and may at any time, in their discretion, remove such secretary or treasurer.

SECTION 10. The State Board of Education, with the advice and consent of the Senate shall, at each regular session of the Legislative Assembly, to be held after the year A. D. 1893, by appointment fill the vacancies in said Board of Trustees occurring either by the expiration of their term of office or otherwise; and any vacancy occurring in such Board of Trustees, when the Legislative Assembly is not in session, may be temporarily filled by the State Board of Education, until the next meeting of the Legislative Assembly.

SECTION II. The Chairman of the Board of Trustees shall annually, on or before the 10th day of December in each year, make a report to the State Board of Education of the prosperity and condition of said School of Mines, containing such statistical and other information pertaining thereto as he may deem necessary and useful, and also, a detailed statement of the receipts and expenses of such institution.

SECTION 12. The State Board of Land Commissioners are hereby authorized and required to locate all the lands that have been donated by the United States to the State of Montana for the establishment and maintenance of a School of Mines, and report to the next Legislative Assembly the number of acres so located, where situated, their character and estimated value, and shall make a similar report on or before the next meeting of the Legislative Assembly to the Board of Trustees of the School of Mines, and also to the State Board of Education.

SECTION 13. None of the land located, as required in the preceding section of this Act, shall be sold, except as may be provided by the Legislative Assembly, and whenever the said lands are sold the proceeds of such sale, being for the whole or a part of said lands, shall be paid over to the said Board of Trustees by an order drawn by the President of the School of Mines, countersigned by the Secretary of the Board, the President and Secretary having been so authorized by the Board of Trustees, upon the State Treasurer. All revenue and profits arising from the said lands shall be paid over to the Board of Trustees in like manner. The said Board of Trustees, with the advice and consent of the State Board of Education, shall set apart a certain proportion of the said money whether derived from the sale of said lands or the revenues and profits of said lands, for a building fund, which proportion shall be by the said Board of Trustees used in procuring a suitable site for said School of Mines, and the erection of such buildings and the procuring of such machinery and other appliances as may be necessary to carry out the object and intention of such institution, the residue of said money so paid and arising from the sale of said lands shall be forever kept as a fund for the said School of Mines. No part of the principal of which shall ever be expended for any purpose whatever, but the income of said fund may be used under the direction of the Board of Trustees for the general purposes of the school. No funds of the School of Mines shall ever be directly or indirectly loaned to the Chairman or any of the Trustees, Professors, or other officers of the School. The permanent funds of the school shall be invested by the Board of Trustees, first in bonds of the State of Montana if such are to be had, but if not, then in bonds of the United States, and said funds shall not be invested in any other manner, or upon any other securities whatever.

SECTION 14. All donations of money, securities or other property, shall be conveyed to the Board of Trustees of the School and invested as other funds of the School.

SECTION 15. The said Board of Trustees shall require the Treasurer of the School of Mines to give such bonds as they may deem sufficient to protect said institution against loss of any funds which may come into his hands as such Treasurer, conditioned for the safe keeping and faithful disbursement thereof, and the said Treasurer of the School of Mines, shall not pay out any of the funds which shall come into his hands as such Treasurer, except under the order of the Chairman of the School of Mines, countersigned by the Secretary

thereof.

SECTION 16. It shall be lawful for the Professor or President of

the School of Mines, who shall be appointed by the said Board of Trustees, to charge and collect such reasonable fees for any and all assays and analysis made by them, as the said Board may prescribe, on (an?) account of which shall be kept by said President and paid over monthly to the Treasurer of said School of Mines, which shall become a part of the School of Mines Fund.

SECTION 17. The Board of Trustees are hereby prohibited from creating any debt as against the School of Mines, buildings, machinery or appliances, or in any manner incumbering the same, or of incurring any expense beyond their ability to pay from the annual income of the School of Mines for the current year.

SECTION 18. The Board of Trustees are empowered to select a President and Faculty, and such professors and teachers as may be necessary to properly conduct the said School of Mines, and the President so selected shall be the President of the Faculty and Board of Teachers employed for said School.

SECTION 19. The Board of Trustees are authorized to accept any donations of land, money or other property offered for the use and benefit of said School of Mines, and to take proper deeds or conveyances of the same in their own name for the sole and exclusive use of said School, such donations, gifts or bequests, to be invested, used and disposed of as other property or funds provided for said School.

SECTION 20. This Act shall take effect from and after its passage and approval.

APPROVED Feby. 17, 1893.

An Act to Establish a State Normal School at Dillon, in the County of Beaverhead, State of Montana.

Be it enacted by the Legislative Assembly of the State of Montana:

SECTION I. That there be and hereby is established a State Normal School within two miles of the corporate limits of the City of Dillon, Beaverhead County, Montana, which shall be called the "State Normal School at Dillon."

SECTION 2. The object of said Normal School shall be the instruction and training of teachers for the public schools of the State. SECTION 3. The control and supervision of such school is vested in the State Board of Education, which must elect a President, all teachers and employes, and prescribe all necessary rules therefor.

SECTION 4. The State Board of Education, herein mentioned, and their successors, shall receive, in the name of the State Normal