INTRODUCED BY MR. DWINELLE.
M A R C H 5 , 1 8 6 8 .
A C T
The People of the State of California, represented in Senate and Assembly, do enact as follows:
Section 1. A State University is hereby created, pursuant to the requirements of Section four, Article nine, of the Constitution of the State of California, and in order to devote to the largest purposes of education the benefaction made to the State of California under and by the provisions of an Act of Congress passed July second, eighteen hundred and sixty-two, entitled an Act donating land to the several States and Territories which may provide Colleges for the benefit of Agriculture and the Mechanic Arts. The said University shall be called the University of California, and shall be located upon the grounds heretofore donated to the State of California by the President and Board of Trustees of the College of California. The said University shall be under the charge and control of a Board of Directors to be known and styled "the Regents of the University of California." The University shall have for its design, to provide instruction and thorough and complete education in all departments of science, literature, art, industrial and profession pursuits, and general education, and also special courses of instruction in preparation for the professions of Agriculture, the Mechanic Arts, Mining, Military Science, Civil Engineering, Law, Medicine and Commerce, and shall consist of various Colleges, namely:
Sec. 2. Each full course of instruction shall consist of its appropriate studies, and shall continue for at least four years, and the Faculty, instructors and body of students in each course shall constitute a College to be designed by its appropriate name. For this purpose there shall be organized as soon as the means appropriated therefor shall permit
Sec. 3. A proper degree of each College shall be conferred at the end of the course upon such students as, having completed the same, shall, at the annual examination, be found proficient therein; but each College shall also have a partial course for those who may not desire to pursue a full course therein; and any resident of California, of the age of fourteen years or upwards, of approved moral character, shall have the right to enter himself in the University as a student at large, and receive tuition in any branch or branched of instruction at the time when the same are given in their regular course, on such terms as the Board of Regents may prescribe. The said Board of Regents shall endeavor so to arrange the several courses of instruction that the students of the different Colleges and the students at large may be largely brought into social contact, and intercourse with each other, by attending the same lectures and branched of instruction, and that one homogeneous spirit may be diffused among the youth attending the University.
Sec. 4. The College of Agriculture shall be first established; but in selecting the professors and instructors for the said College of Agriculture the Regents shall, so far as in their power, select such persons as shall possess those special acquirements in their several vocations as shall enable them to discharge the duties of Professors in the Colleges of Mechanic Arts, of Mines and of Civil Engineering, and in such other Colleges as my be hereafter established. As soon as practicable a system of moderate manual labor shall be established in connection with the Agricultural College, and upon its agricultural and ornamental grounds, having for its object practical education in agriculture, landscape gardening, the health of the students, and to afford them an opportunity by their earning of defraying a portion of the expenses of their education. These advantages shall be open in the first instance to students in the College of Agriculture, who shall be entitled to a preference in that behalf.
Sec. 5. The College of Mechanic Arts shall be next established, and in organizing this, or any other College, the same regard hereinbefore indicated shall be had for the general acquirements of each Professor and instructor, so that he may be able to give general and special instruction in as many classes and course of instruction as possible; and inasmuch as the original donation, out of which the plan of a State University has had its rise, was made to the State by virtue of the aforesaid Act of Congress entitled "an Act donating land to the several State and Territories which may provide colleges for the benefit of Agriculture and the Mechanic Arts," approved July second, eighteen hundred and sixty-two, the said Board of Regents shall always bear in mind that the College of Agriculture and the College of Mechanic Arts are an especial object of their care and superintendence, and that they shall be considered and treated as entitled primarily to the use of the funds donated for their establishment and maintenance by said Act of Congress.
Sec. 6. The College of Mines and the College of Civil Engineering shall be next established, and such other Colleges of Arts as the Board of Regents may be able to establish with the means in their possession or under their control; and in order to fulfill the requirements of the said Act of Congress, all able-bodied male students of the University, whether pursuing full or partial courses in any college, or as students at large, shall receive instruction and discipline in Military Tactics in such manner and to such extent as the Regents shall prescribe, the requisite arms for which shall be furnished by the State.
Sec. 7. The Board of Regents, having in regard the said donation already made to the State by the President and Board of Trustees of the College of California, and their proposition to surrender all their property to the State for the benefit of the State University, and to become disincorporate and go out of existence so soon as the State shall organize the University, by adding a Classical College to the College of Arts, shall, as soon as they deem it practicable, establish a College of Letters. The College of Letters shall be co-existent with the aforesaid Colleges of Arts, and shall embrace a liberal course of instruction in languages, literature, an philosophy, together with such courses or parts of courses in the aforesaid Colleges of Arts as the authorities of the University shall prescribe. The degree of Bachelor of Arts, upon due examination, and afterwards the degree of Master in Arts, in usual course, shall be conferred upon the graduates of this College. But the provision herein and hereinbefore contained regarding the order in which said Colleges shall be organized, shall not be construed as directing or permitting the organization of any of the specified Colleges to be unnecessarily delayed, but only as indicating the order in which said Colleges shall be organized, beginning with the College of Agriculture, and adding in succession to the body of instructors in that and other Colleges successively in the order above indicated. Only the first years course of instruction shall be provided for in each College at first, the other successive years courses being added in each year as the students advance to the same, until the full course in each college is established; provided, however, that the Board of Regents may organize at once the full course of the college of Letters, if in their judgment it is expedient so to do in order to allow the College of California to immediately convey the residue of its property to the State for the benefit of the University, and to become disincorporate and go out of existence, pursuant to its proposition to that effect.
Sec. 8. The Board of Regents may affiliate the University, and make an integral part of the same, and incorporate therewith, any incorporated College of Medicine or of Law, or other special course of instruction now existing, or which may hereafter be created, upon such terms as to the respective corporations may be deemed expedient; and such College or Colleges so affiliated shall retain the control of their own property, with their own Board of Trustees, and their own Faculties and Presidents of the same, respectively, and the students of those Colleges, recommended by the respective Faculties thereof, shall receive from the University the degrees of those Colleges; provided, however, that the President of the University shall be, ex officio, a member of the Faculty of each and every College of the University and President of such Faculty.
Sec. 9. The examinations for degrees shall be annual, and the Board of Regents shall take measures to make such examinations thorough and complete. Students who shall have passed not less than a full year as resident students in any College, Academy or School in this State, and, after examination by the respective Faculty of such College, Academy or School, are recommend ed by such Faculty as proficient candidates for any degree in any regular course of the University, shall be entitled to be examined therefore at the annual examination; and, on passing such examination, shall receive such degree for that course, and the diploma of the University therefor, and shall rank and be considered in all respects as graduates of the University. All students of the University who have been resident students thereof for not less than one year, and all graduates of the University in any course, may present themselves for examination in any other course, or courses, at the annual examinations, and on passing such examination shall receive the degree and diploma of that course. Upon such examinations each professor and instructor of that course shall cast one vote upon each application for recommendation to the Board of Regents for a degree, and the votes by ballot. In case the College of California shall surrender its property to the University, and said donation shall be accepted by the Board of Regents, and said College of California shall thereafter become disincorporate in pursuance of its proposition heretofore make to that effect, the graduates and those who shall have received the degrees of that College shall receive degrees from the University, and be considered in all respects graduates of the same. And the last above expressed provision shall apply to the previous graduates of any incorporated College of Medicine, Law, or other professional College which shall become affiliated with the University as, upon examination, shall be found entitled to the same. The style of diplomas and degrees shall be: "State University of California, College of Agriculture;" or, with the name of the other respective College; but honorary degrees for the higher degrees, not lower than that of Master of Arts, may be conferred, with the designation of the University alone, upon persons distinguished in literature, science, and art.
Sec. 10. Scholarships may be established in the University by the State, Associations or individuals, for the purpose of affording tuition in any course of the University, free from the ordinary charges, to any scholar in the public schools of the State, who shall distinguish himself in study, according to the recommendation of his teachers. And shall pass the previous examination required for the grade at which he wishes to enter the University, or for the purpose of private benefaction; provided, that the said scholarships shall be approved and accepted by the Board of Regents.
Sec. 11. The general government and superintendence of the University shall vest in a Board of Regents, to be denominated the Regents of the University of California. The said Board shall consist of twenty-two members, all of whom shall be citizens and permanent residents of the State of California, as follows:
Sec. 12. The said Board of Regents, when so incorporated, shall have the custody of the books, records, buildings, and all other property of the University. The lands and other property heretofore donated to the State by the President and Trustees of the College of California, and which are situated in the Township of Oakland, in the County of Alameda, for the purpose of erecting thereon and Agricultural College, and for other purposes mentioned in the deed of conveyance by which the same were so conveyed, shall be and forever remain vested in the State of California; as shall also be vested in the said State all property which shall be purchased by the funds of the State, or from the proceeds of donations made to the State for the purpose of the University, or of any of the Colleges or professorships thereof; and the said Board of Regents shall have no power to alienate or incumber, by mortgage, hypothecation, lien or otherwise, any portion of said property except on terms such as the Legislature shall have previously approved; and any act of the said Regents, or of any other person which shall purport to have that effect, shall be wholly null and void. All lands, moneys, bonds, securities or other property which shall be donated, conveyed or transferred to the said Board of Regents by gift, devise, or otherwise, including such property as may hereafter be donated and conveyed by the President and Board of Trustees of the College of California, in trust, or otherwise, for the use of said University, or of any College thereof, or of any professorship, chair, or scholarship therein, or for the library, observatory, or any other purpose appropriate thereto, shall be taken, received, held, managed, invested, reinvested, sold, transferred, and in all respects managed, and the proceeds thereof used, bestowed, invested and reinvested, by the said Board of Regents, in their corporate name and capacity, for the purposes, and under the terms, provisions and conditions respectively prescribed by the act of gift, devise, or other act in the respective case. In case any incorporated College of Law, Medicine, or the like, shall be brought into the said University by affiliation, as herein otherwise provided, such College, so affiliated, may retain its own property, then possessed by it, or thereafter to be acquired, to be vested in, and held and managed by its own corporation, and the said Board of Regents shall have no right of property in, or power of control over the same, nor shall be liable for any acts or contracts of such affiliated corporation.
Sec. 13. The Regents and their successors in office, when so incorporated, shall have power, and it shall be their duty, to enact laws for the government of the University, to elect a President of the University and the requisite number of Professors, instructors, officers and employees, and to fix their salaries; also, the term of office of each, and to determine the moral and educational qualifications of applicants for admission to the various courses of instruction. They shall also consider and determine whether the interests of the University and of the students, as well as those of the State, and of the great body of scientific men in the State whose purpose is to devote themselves to public instruction, will not be greatly promoted by committing those courses of instruction which are brief and special to professors employed for short terms, and for only a portion of each year in their special departments, and to be termed Non-Resident Professors; and their decision in that regard may be reconsidered by them as often as they deem it expedient. And it is expressly provided in no sectarian, political or partisan test shall ever be allowed or exercised in the appointment of Regents, or in the election of Professors, teachers, or other officers of the University, or in the admission of students thereto, or for any purpose whatsoever; nor at any time shall the majority of the Board of Regents be of any one religious sect, or of no religious sect; and persons of every religious denomination, or of no religious denomination, shall be equally eligible to all offices, appointments and scholarships.
Sec. 14. For the time being, an admission fee and rates of tuition, such as the Board of Regents shall deem expedient, may be required of each pupil, except as herein otherwise provided; and as soon as the income of the University shall permit, admission and tuition shall be free to all residents of the State; and it shall be the duty of the Regents, according to population, to so apportion the representation of students, when necessary, that all portions of the State shall enjoy equal privileges therein.
Sec. 15. The President of the University shall be President of the several Faculties and the executive head of the institution in all its departments, except as herein otherwise provided. He shall be President of the Board of Regents, and may speak upon all matters before them, but shall have no vote therein. He shall have authority, subject to the Board of Regents, to give general direction to the practical affairs of the several Colleges, and, in the recess of the Board of Regents, to remove any employee or subordinate officer not a member of any Faculty, and to supply for the time being any vacancies thus created; and, so long as the interests of the institution require it, he shall be charged with the duties of one of the professorships. A competent to superintend the working of the agricultural farm, and of sufficient scientific acquirements to discharge the duties of Secretary of the Board of Regents as prescribed in this Act, shall be chosen by said Board as their Secretary, and, in addition to his special duties as such as prescribed in this Act, he shall perform such other duties as they shall impose. He shall receive for his services such reasonable salary as the Board of Regents shall prescribe. The Board of Regents may also appoint a Treasurer of the University, and prescribe the form and sureties of his bond as such, which shall be executed, approved by them and filed with the Secretary, before any such Treasurer shall go into office. The Secretary and Treasurer shall be subject to summary removal by the Board of Regents.
Sec. 16. The Secretary of the Board of Regents shall reside and keep his office at the sear of the University. It shall be his duty to keep a record of the transactions of the Board of Regents, which shall be open at all times to the inspection of any citizen of this State. He shall also have the custody of all books, papers, documents, and other property which may be deposited in his office; also keep and file all reports and communications which may be made to the University from time to time by County, State and District Agricultural Societies, Horticultural, Vinicultural, Mechanical and Mining societies; and of all correspondence from other persons and societies appertaining to the business of education, science, art, husbandry, mechanics and mining; address circulars to societies, and to the best practical farmers, mechanics and miners in this State and elsewhere, with the view of eliciting information upon the latest and best modes of culture of the products, vegetables, trees, etc., adapted to the soil and climate of the State, and also on all subjects connected with field culture, horticulture, stock raising and the dairy; he shall also correspond with established schools of Mining and Metallurgy in Europe, and obtain such information respecting the improvements of mining machinery adapted to California, and publish from time to time such information as will be of practical benefit to the mining interests and the working of all ores and metals; receive and distribute such rare and valuable seeds, plants, shrubbery and trees as may be in his power to procure from the General Government and other sources, as may be adapted to our climate and soils, or to purposes of experiment therein. To effect these objects he shall correspond with the Patent Office at Washington, and with the representatives of our National Government abroad, and, if possible, in obtaining contributions to the museums and the library of the said College, and thus aid in the promotion of agriculture, science and literature. He shall keep a correct account of all the executive acts of the President, and an accurate account of all moneys received into the Treasury as well as those paid out.
Sec. 17. The seeds, plants, trees and shrubbery received by the Secretary and not needed by the University shall be, so far as possible, distributed without charge equally throughout the State, and placed in the hands of those farmers and others who will agree to cultivate them properly and return to the Secretarys office a reasonable proportion of the products thereof, with a full statement of the mode of cultivation, and such other information as may be necessary to ascertain their value for general cultivation in the State. Information in regard to agriculture, the Mechanic arts, Mining and Metallurgy may be published by him from time to time in the newspapers of the State as matter of public information, provided it does not involve any expense to the State.
Sec. 18. The immediate government and discipline of the several Colleges shall be intrusted to the respective Faculties, to consist of the President and the Resident Professors of the same, each of which shall have its own organization, regulate the affairs of its own College, recommending the course of study and the text books to be used for the approval of the Board of Regents, and in connection with the President as its executive officer, have the government of its students. All the Faculties and instructors of the University shall be combined into a body which shall be known as the Academic Senate, which shall have stated meetings at regular intervals and be presided over by the President, or a President pro tempore; and which is created for the purpose of conducting the general administration of the University and memorializing the Board of Regents; regulating, in the first instance, the general and special courses of instruction, and to receive and determine all appeals, couched in respectful terms, from acts of discipline enforced by the Faculty of any College. Its proceedings shall be conducted according to the rules of order; and every person engaged in instruction in the University, whether Resident Professors, Non-resident Professors, Lecturers, or Instructors, shall have permission to participate in its discussions, but the right of voting shall be confined to the President and the Resident and Non-Resident Professors. But the regents shall have power to regulate the general courses of instruction, and on the recommendation of the several Faculties prescribe the authorities and text books to be used in the several courses and Colleges, and also to confer such degrees, and grant such diplomas as are usual in Universities, or as they shall deem appropriate; provided, no honorary degree of any College or course shall be granted by the Regents, nor shall any degree, certificate, or diploma, for any course or branch of instruction be granted by the Regents, unless upon examination therefor as prescribed in this Act, except the substituted degrees and diplomas provisionally provided for those having received degrees from the College of California, in case the said college becomes extinct and disincorporates, and for the graduates of affiliated professional colleges as herein otherwise provided.
Sec. 19. At the close of each fiscal year, the Regents, through their President, shall make a report in detail to the Governor, exhibiting the progress, condition and wants of each of the Colleges embraced in the University, the course of study in each, the number of Professors and students, the amount of receipts and disbursements, together with the nature, cost and results of all important investigations and experiments, and such other information as they may deem important; one printed copy of which shall be transmitted, free, by their Secretary to all colleges endowed under the provisions of the congressional Act of July second, eighteen hundred and sixty-two, herein before referred to, and also one printed copy to the Secretary of the Interior, as provided in said Act.
Sec. 20. For the endowment and support of the University and its building and improvements, there are hereby appropriated:
Sec. 21. For the current expenditures of the university, specific sums of money shall be set aside out of the funds at their disposal, by the Board of Regents, which shall be liable to disbursement for that purpose, and shall be subject to the warrants of the President of the Board drawn upon the Treasurer of the University, in pursuance of the orders of the Board of Regents. All moneys received from labor and incidental sources shall be paid into the treasury and expended in the same manner as other moneys. All moneys which may at any time be in the State Treasury, and subject to the use of the said Board of Regents, may be drawn therefrom from the President of the Board, upon the order of said Board, in favor of the Treasurer of the University.
Sec. 22. Meetings of the Board of Regents maybe called in such manner as the Regents shall determine, seven of whom shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. No member of the Board shall receive any compensation for his services as such member, nor be entitled to reimbursement for his traveling or other expenses which employed on the business of the Board.
Sec. 23. The Regents shall, when they shall be in possession of funds for that purpose, organize and put into operation the first year's course of instruction in as many of the said colleges as possible. If the buildings of the University are not sufficiently completed at that time to be occupied for that purpose, the Regents are authorized to make temporary arrangements for sufficient buildings, the use of apparatus and for other needful purposes, in the city of Oakland, if the same shall be practicable.
Sec. 24. The collections made by the State Geological Survey shall belong to the University, and the Regents shall, in their plans, have in view the early and secure arrangement of the same for the use of the students of the University, so soon as the geological survey shall be completed, and of giving access to the same to the public at large and to visitors from abroad; and shall in every respect, by acts of courtesy and accommodation, encourage the visits of persons of scientific tastes and acquirements from other portions of the United States and of Europe, to California. The said collections shall be arranged by the resident Professors of the University in a building by themselves, which shall be denominated the "Museum of the University." To this museum shall also be added, as fast as the means of the University shall permit, collections of agricultural implements, and objects illustrative of the mechanic arts, science, architecture and the fine arts. The collection of a library shall be commenced at once, and increased and expanded as fast as the Board of Regents are placed in possession of funds for that purpose. But the Board of Regents may allow duplicates to be taken from said collections of the State Geological Survey and made a part of some other museum under the care of an incorporated Academy of science, which shall become responsible for the custody and return of the same.
Sec. 25. The Regents shall devise, and with the funds appropriated for that purpose cause to be constructed, such buildings as shall be needed for the immediate use of the University. The dormitory system shall not be adopted. Such a plan shall be adopted as shall set aside separate buildings for separate uses and yet group all such buildings upon a general plan, so that a larger and central building hereafter erected may bring the whole into harmony as parts of one design. The construction and equipment of said buildings shall be let out, in every instance, to the lowest responsible bidder, who shall previously give adequate security, upon sealed proposals, upon specifications, after advertisement for not less than ten days in at least two daily newspapers published in the City of San Francisco. They shall also take immediate measures for the permanent improvement and planting of the grounds of the University, and may make such contracts therefor, or for any part of that work, as they may deem advisable.
Sec. 26. Whenever the President and Board of Trustees of the College of California shall, under the hands of their President and Secretary, and verified by the seal of their corporation and the oath of their President and Secretary, make and file in the office of the Secretary of State a certificate reciting a resolution of the Board of Trustees of said corporation, to the effect that the said corporation has paid all its debts and has surrendered and conveyed all its remaining effects to the said Board of Regents for the use of the University, and that the said Board of Regents has accepted such conveyance, and that said resolution and certificate are in all respects true, to the best of their knowledge and belief, then and from thenceforth the said President and Board of Trustees of the College of California shall be and become forever disincorporate and cease to exist.
Sec. 27. An Act entitled "An Act to establish an Agricultural, Mining and Mechanical Arts College," approved March 31, 1866, and all Acts or parts of Acts inconsistent with this Act, are hereby repealed so far as they conflict with the provisions of this Act.
Sec. 28. This Act shall take effect immediately from and after its