but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at $1.25, or less, per acre: And provided further, That not more than one million acres shall be located by such assignees in any one of the States: And provided further, That no such location shall be made before July 2, 1863. (July 2, 1862, ch. 130, § 2, 12 Stat. 503.)

§ 303. Expenses of maagement, etc., to be paid by State.-All the expenses of management, superintendence, and taxes from date of selection of said lands, previous to their sales, and all expenses incurred in the management and disbursement of the moneys which may be received therefrom, shall be paid by the States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes hereinafter in sections 304-308 of this title mentioned. (July 2, 1862, ch. 130, § 3, 12 Stat. 504.)

§ 304. Investment of proceeds of sale of land or scrip.--All moneys derived from the sale of lands, as provided in section 302 of this title by the States to which lands are apportioned and from the sales of land scrip provided for in said section shall be invested in bonds of the United States or of the States or some other safe bonds; or the same may be invested by the States having no State bonds in any manner after the legislatures of such States shall have assented thereto and engaged that such funds shall yield a fair and reasonable rate of return, to be fixed by the State legislatures, and that the principal thereof shall forever remain unimpaired: Provided, That the moneys so invested or loaned shall constitute a perpetual fund, the capital of which shall remain forever undinimished (except so far as may be provided in section 305 of this title), and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of sections 301-308 of this title, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies and including military tactics, to each such branches of learning as are related to agriculture and the mechanical arts, in such manner as the legislatures of the States may repectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life. (July 2, 1862, ch. 130, § 4, 12 Stat. 504; Mar. 3, 1883, ch. 102, 22 Stat. 484; Apr. 13, 1926, ch. 130, 44 Stat. 247.)

§ 305. Conditions of grant.-The grant of land and land scrip authorized in sections 301-304 of this title shall be made on the following conditions, to which, as well as to the provisions contained in sections 301-304 of this title, the previous assent of the several States shall be signified by legislative acts:

First. If any portion of the fund invested, as provided by section 304 of this title, or any portion of the interest thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished and the annual inter

est shall be regularly applied without diminution to the purposes mentioned in section 304 of this title, except that a sum, not exceeding 10 per centum upon the amount received by any State under the provisions of sections 301-304 of this title, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said States.

Second. No portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings.

Third. Any State which may take and claim the benefit of the provisions of sections 301-304 of this title shall provide, within five years from the time of its acceptance as provided in subdivision seven of this section, at least not less than one college, as described in section 304 of this title, or the grant to such State shall cease; and the said State shall be bound to pay the United States the amount received of any lands previously sold, and the title to purchases under the State shall be valid.

Fourth. An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their cost and results, and such other matters, including State industrial and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail, by each, to all the other colleges which may be endowed under the provisions of sections 301-304 of this title, and also one copy to the Secretary of the Interior.

Fifth. When lands shall be selected from those which have been raised to double the minimum price, in consequence of railroad grants, they shall be computed to the States at the maximum price, and the number of acres proportionately diminished.

Sixth. No State while in a condition of rebellion or insurrection against the Government of the United States shall be entitled to the benefit of the provisions of sections 301-304 of his title. Seventh. No State shall be entitled to the benefits of the provisions of sections 301-304 of this title unless it shall express its acceptance thereof by its legislature within three years from July 23, 1866: Provided, That when any Territory shall become a State and be admitted into the Union, such new State shall be entitled to the benefits of the provisions of sections 301-304 of this title, by expressing the acceptance therein required within three years from the date of its admission into the Union, and providing the college or colleges within five years after such acceptance, as heretofore prescribed in this chapter. (July 2, 1862, ch. 130, § 5, 12 Stat. 504; July 23, 1866, ch. 209, 14 Stat. 208; March 3, 1873, ch. 231, § 3, 17 Stat. 559.)

REPEAL

Paragraph fourth was repealed in part by act March 3, 1873, ch. 231, § 3, 17 Stat. 559, which provided in part: "That all laws and parts of laws permitting the transmission by mail of any free matter whatever be, and the same are hereby, repealed from and after June thirtieth, eighteen hundred and seventy-three."

Paragraph seventh formerly contained a proviso which read as follows: “Provided further, That any State which has prior to July 23, 1866, ex

pressed its acceptance of the foregoing provisions of this chapter shall have the period of five years within which to provide at least one college, as described in the fourth section of said act, after the time for providing said college, according to the act of July second, eighteen hundred and sixty-two shall have expired."

§ 307. Fees for locating land scrip.-The land officers shall receive the same fees for locating land scrip issued under the provisions of sections 301-306 of this title as was on July 2, 1862, allowed for the location of military bounty land warrants under laws existing at that time: Provided, That their maximum compensation shall not be thereby increased. (July 2, 1862, ch. 130, $7, 12 Stat. 505.)

§ 308. Reports by State governors of sale of scrip.-The governors of the several States to which scrip shall be issued under the provisions of sections 301-307 of this title shall be required to report annually to Congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what appropriation has been made of the proceeds. (July 2, 1862, ch. 130, § 8, 12 Stat. 505.)

COLLEGE-AID ANNUAL APPROPRIATION

§ 321. Secretary of Interior to administer annual college-aid appropriation.-The Secretary of Interior is hereby charged with the proper administration of sections 322-328 of this title. (Aug. 30, 1890, ch. 841, § 4, 26 Stat. 419.)

§ 322. Annual appropriation generally. There is annually appropriated, out of any money in the Treasury not otherwise appropriated, to be paid as provided in section 324 of this title, to each State and Territory for the more complete endowment and maintenance of colleges for the benefit of agriculture and the mechanical arts established in accordance with the provisions of sections 301-308 and sections 321-328 of this title, 50,000 to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life, and to the facilities for such instruction: Provided, That said colleges may use a portion of this money for providing courses for the special preparation of instructors for teaching the elements of agriculture and the mechanic arts. (Aug. 30, 1890, ch. 841, § 1, 26 Stat. 417; Mar. 4, 1907, ch. 2907, 34 Stat. 1281, 1282.)

§ 323. Racial discrimination by colleges restricted.-No money shall be paid out under sections 321-328 of this title to any State or Territory for the support or maintenance of a college where a distinction of race or color is made in the admission of students, but the establishment and maintenance of such colleges separately for white and colored students shall be held to be a compliance with the provisions of sections 321-328 of this title if the funds. received in such State or Territory be equitably divided as hereinafter set forth: Provided, That in any State in which there has been one college established in pursuance of sections 301-308 of this title, and also in which an educational institution of like character has been established, or may be hereafter established,

and is on August 30, 1890, aided by such State from its own revenue, for the education of colored st dents in agriculture and the mechanic arts, however named or styled, or whether or not it has received money prior to August 30, 1890, under sections 301-308 of this title, the legislature of such State may propose and report to the Secretary of the Interior a just and equitable division of the fund to be received under sections 321-328 of this title between one college for white students and one institution for colored students established as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be entitled to the benefits of sections 321-328 of this title and subject to their provisions, as much as it would have been if it had been included under sections 301-308 of this title, and the fulfillment of the foregoing provisions shall be taken as a compliance with the provision in reference to separate colleges for white and colored students. (Aug. 30, 1890, ch. 841, § 1, 26 Stat. 417.)

§ 324. Time, manner, etc., of annual payments.-The sums appropriated by sections 322-328 of this title to the States and Territories for the further endowment and support of colleges shall be annually paid on or before the 31st day of July of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of the Interior, out of the Treasury of the United States, to the State or Territorial treasurer, or to such officer as shall be designated by the laws of such State or Territory to receive the same, who shall, upon the order of the trustees of the college, or the institution for colored students, immediately pay over said sums to the treasurers of the respective colleges or other institutions entitled to receive the same, and such treasurers shall be required to report to the Secretary of Agriculture and to the Secretary of the Interior, on or before the 1st day of September of each year, a detailed statement of the amount so received and of its disbursement. The grants of moneys authorized by sections 322-328 of this title are made subject to the legislative assent of the several States and Territories to the purpose of said grants. (Aug. 30, 1890, ch. 841, § 2, 26 Stat. 418.)

§ 325. State to replace funds misapplied, etc.; restrictions on use of funds; reports by colleges.-If any portion of the moneys received by the designated officer of the State or Territory for the further and more complete endowment, support, and maintenance of colleges, or of institutions for colored students, as provided in sections 322-328 of this title, shall, by any action or contingency, be diminished or lost, or be misapplied, it shall be replaced by the State or Territory to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to such State or Territory; and no portion of said moneys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings. An annual report by the president of each of said colleges shall be made to the Secretary of Agriculture, as well as to the Secretary of the Interior, regarding the condition and progress of each college, including statistical information in relation to its receipts and expenditures, its library, the num

ber of its students and professors, and also as to any improvements and experiments made under the direction of any experiment stations attached to said colleges, with their cost and results, and such other industrial and economical statistics as may be regarded as useful, one copy of which shall be transmitted by mail free to all other colleges further endowed under sections 322-328 of this title. (Aug. 30, 1890, ch. 841, § 3, 26 Stat. 418.) § 326. Ascertainment and certification of amounts due States; certificates withheld from States; appeal to Congress.--On or before the 1st day of July in each year, the Secretary of the Interior shall ascertain and certify to the Secretary of the Treasurer as to each State and Territory whether it is entitled to receive its share of the annual appropriation for colleges, or of institutions for colored students, under sections 322-328 of this title, and the amount which thereupon each is entitled respectively, to receive. If the Secretary of the Interior shall wihhold a cerificate from any State or Territory of its appropriation the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the close of the next Congress, in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the Secretary of the Interior. If the next Congress shall not direct such sum to be paid it shall be covered into the Treasury. (Aug. 30, 1890, ch. 841, § 4, 26 Stat. 419.)

§ 327. Repealed May 29, 1928, ch. 901, § 1, 45 State. 986, 991. Section, act Aug. 30, 1890, ch. 841, § 5, 26 Stat. 419, related to reports by Secretary of the Interior of disbursements and certificates withheld. § 328. Power to amend, repeal, etc., reserved.-Congress may at any time amend, suspend, or repeal any or all of the provisions of sections 322-328 of this title. (Aug. 30, 1890, ch. 841, § 6, 26 Stat. 419.)

RETIREMENT OF EMPLOYEES

§ 331. Retirement of land-grant college employees.-Pursuant to the recognized obligations of governments to guarantee the social security of their employees and in order to provide for the retirement on an annuity, or otherwise, of all persons being paid salaries in whole or in part from grants of Federal funds to the several States and Territories pursuant to the terms of sections 301-308 of this title for the endowment and support of colleges of agriculture and mechanic arts, and sections of this chapter supplementary thereto providing for instruction in agriculture and mechanic arts, for the establishment of agricultural experiment stations, and for cooperative extension work in agriculture and home economics, all States and Territories are hereafter authorized, notwithstanding any contrary provisions in this chapter, to withhold from expenditure, from Federal funds advanced under the terms of this chapter, amounts designated as employer contributions to be made by the States or Territories to retirement systems established in accordance with the laws of such States or Territories or established by the governing boards of colleges of agriculture and mechanic arts in accordance with the authority vested in them, and to deposit such amounts to the credit of such retirement systems for subsequent