7758. Alumni constituted, how - Registry of. §4. A registry of the name and address of each alumnus of Indiana University residing in the state of Indiana shall be kept by the librarian of said university, who shall correct such addresses when notified by the alumni so to do. The alumni of the university shall be those persons who have been awarded and on whom have been conferred any of the following degrees: Bachelor of Arts (A. B.), Bachelor of Letters (B. L.), Bachelor of Science (B. S.), Bachelor of Philosophy (B. Ph.), Bachelor of Laws (LL. B.), Master of Arts (A. M.), Master of Science (M. S.), Doctor of Philosophy (Ph. D.).

7759. Nomination by alumni. 5. Any ten or more alumni may file with the librarian of the university, on or before the first day of April in each year, a written nomination for the trustee or trustees to be elected by the alumni at the next college commencement. Forthwith after such first day of April a list of all such candidates shall be mailed by said librarian to each alumnus at his address.

7760. Alumni-Annual meeting. § 6. The annual meeting of the alumni for the election of trustees shall be held at the university on the Tuesday before the annual commencement day of the said university, at the hour of nine o'clock A. M., at which meeting a trustee shall be elected to serve for three years from the first day of July of such year, and any trustee or trustees which the alumni may be entitled to elect to complete any unexpired term or terms.

7761. Alumni's vote-Mode of casting - Effect. §7. Each aiumnus, resident in the state of Indiana, may send to said librarian, over his signature, at any time before the meeting of the alumni for the election of such trustee or trustees, the vote for such trustee or trustees which he would be entitled to cast if personally present at such meeting, which vote such librarian shall deliver to such meeting to be opened and counted at said election, together with the votes of those who are personally present; but no person shall have more than one vote. The person or persons having

the highest number of votes upon the first ballot shall be declared the trustee or trustees, according as there may be one or more than one trustee to be elected: Provided, the votes received by said person or by each of said persons, are at least fifty per cent, of all the votes cast. Otherwise, the alumni personally present at said meeting shall, from the two having the highest pluralities elect a trustee, unless their pluralities shall aggregate less than fifty per cent. of the votes cast, in which case there shall be included in the number of those to be voted for, so many of those coming after such two highest in order of pluralities as will bring the aggregate of such pluralities of those to be voted for to fifty per cent. of the votes cast. 7762. Repealing clause. § 8. All laws and parts of laws in conflict with this act are hereby repealed.

7763. Emergency. § 9. Whereas, an emergency exists for the immediate taking effect of this act, the same shall be in full force and effect from and after its passage.

AN ACT to empower the board of trustees of Indiana University to sell and convey certain ianas in the state of Iowa and declaring an emergency. [Approved and in force March 9, 1889; S., 1889, p. 255. 7764. Sale of land authorized. WHEREAS, Indiana University is the owner of a quarter section of land, situated in Ringgold county in the state of Iowa, which is unimproved and yields no income, and which, except for doubts existing as to whether the board of trustees of said institution have

the legal authority to sell and convey the same, could be advantageously sold, therefore: SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That the board of trustees of the Indiana University be and they are hereby authorized and empowered to sell, for the best price obtainable, and by their president and secretary, under the seal of the university, to convey to the purchaser or purchasers the said quarter section of land in Ringgold county in the state of Iowa, now owned by said university. 7765. Emergency. § 2. An emergency exists for the immediate taking effect of this act; the same shall be in force from and after its passage.

NOTES TO CHAPTER 54.

EDUCATION-INDIANA UNIVERSITY.

4600. Interest. This section requiring that the auditor of state shal. require the payment of seven per cent. interest on loans of the university fund (§ 4595) is not repealed by the later act of 1879 (§ 5205), fixing the rate of interest on public funds at eight per cent. The legal status of the state university being that of a technically private or, at most, a quasi public-corporation, the university fund, of which it is the sole beneficiary, is not a "public fund" within the intent of the law; State, ex rel. v. Carr, 111-335.

4648. Suit for waste. A county auditor is authorized, by this section, to institute an action in the name of the state, for the use of the university, when there has been a sale of any of the land selected by the governor, in accordance with the provisions of the act of congress, of February 23, 1854, to create a fund for the use of the university, to recover any waste committed in case of a forfeiture by the purchaser. In such an action an allegation of complaint charging the ownership of the land to be in the trustees of the university, will be construed to mean that such trustees occupy such relation to the land as is designated by the statute, which defines the duties of the board of trustees in relation to such land, prescribes their relation and inhibits their ownership of the title thereto. This statute does not authorize a recovery, for waste, against a purchaser of university lands, unless he committed the waste, or unless the acts complained of were performed with his knowledge or assent. So, where such land is purchased by G. and W., and the evidence shows the waste to have been committed entirely by G., and there is an absence of all evidence to indicate that W. was either a party to or had knowledge of the waste, a recovery can not be sustained against him; State, ex rel. v. Gramelspracher, 126–399.

AN ACT to amend section four (4) of an act fixing the number of the trustees of the Purdue University. describing the manner of their appointment providing for the organization of said board, and repealing all laws in conflict with the provisions of this act, approved March 9, 1875. [Approved and in force February 26, 1891; S., 1891, p. 34.

7766. [4674] Officers - Treasurer's bond - Duties. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That section four (4) of an act entitled "An act fixing the number of the trustees of the Purdue University, prescribing the manner of their appointment, providing for the organization of said board, and repealing all laws in conflict with the provisions of this act," approved March 9, 1875, be and the same is hereby amended as follows: § 4. Said trustees shall, at their first meeting after their appointment, and every two years thereafter choose a president of said board, and they shall at such meeting and every two years thereafter, and whenever a vacancy occurs, elect by ballot a secretary and treasurer, neither of whom shall be a member of the board, whose compensation shall be fixed by the trustees. The said treasurer shall give such bond to the state of Indiana, in any sum not less than fifty thousand dollars, for the faithful execution of his trust, with sufficient sureties, as said trustees may require; and he shall receive, take charge of and, under the direction of said trustees, manage all stocks and funds belonging to said university.

7767. Emergency. § 2. Whereas, an emergency exists for the immediate taking effect of this act, therefore the same shall be in force from and after its passage.

AN ACT to encourage the study of agriculture, horticulture, economic entomology and agricultural chemistry; providing for county institutes; prescribing the duties of trustees and faculty of Purdue University in connection therewith and making an appropriation therefor. [Approved March 9, 1889; in force May 10, 1889; S., 1889, p. 273.

7768. Committee of experimental agriculture — County institutes. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That it is hereby made the duty of the committee of experimental agriculture and horticulture of the board of trustees, together with the faculty of the school of agriculture of Purdue University, to appoint, before November 1st of each year, suitable persons to hold in the several counties of this state, between the 1st day of November and the 1st day of April of each year, county institutes for the purpose of giving to farmers and others interested therein instructions in agriculture, horticulture, agricultural chemistry and economic entomology.

7769. Institutes, when held. § 2. Such institutes shall be held at such times and places as said committee and faculty may determine, and under such rules, regulations and methods of instruction as they may pre

scribe: Provided, however, that such institutes shall be so conducted as to give those attending the results of the latest investigations in theoretical and practical agriculture and horticulture.

7770. Appropriation - Expenditure of. § 3. For the purpose of carrying out the provisions of this act, paying the salaries of instructors and other necessary expenses, the sum of five thousand dollars is hereby appropriated, to be expended under the direction of the said committee of said board of trustees, and they shall annually report such expenditures and the purposes thereof to the governor.

AN ACT to authorize the trustees of Purdue University to accept donations, gifts or bequests for the purpose of establishing an institution of technology or other special school and to make contracts accepting donations, gifts and bequests therefor and declaring an emergency. [Approved and in force March 9, 1889; S., 1889, p. 351.

7771. Donations etc. may be accepted-Condition. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That whenever any individual or individuals shall give, donate or bequeath a sum of money, or other valuable property, for the purpose of establishing an institute of technology or other special schools in connection with Purdue University in and on the grounds of said university, the trustees of said university are hereby authorized and empowered to accept such donation, gift or bequest for and on behalf of the state of Indiana for such institute on such terms as may be agreed upon by and between such trustees and said donor or donors or devisior [devisor]; and the said trustees are hereby authorized to establish, maintain and operate such an institute in connection with Purdue University: Provided, that such institute of technology shall be freely open to students upon the same terms upon which Purdue University is open to students. And, provided, that nothing in this act shall enable or authorize said trustees to make any contract with said donor or donors by which any debts shall be created beyond or above current legislative appropriations to the university. And, provided, further, that the terms upon which such donations are received and accepted shall not be effective unless the same are indorsed and approved by the governor of the state of Indiana.

7772. Emergency. § 2. Whereas, an emergency exists for the immediate taking effect of this act, the same shall be in force from and after its passage.

A JOINT RESOLUTION concerning the acceptance of a grant of moneys by congress for the purpose of establishing an agricultural experiment station, in the state of Indiana. [Approved January 19, 1889; S., 1889, p. 5.

7773. Agricultural experiment station. WHEREAS, By an act of congress, entitled an act to establish agricultural stations in connection with the colleges established in the several states, under the provision of an act approved July 2, 1862, and of the acts supplementary thereto, certain moneys were granted to the state of Indiana upon conditions, which conditions are as follows: Section 9. That the grants of moneys authorized by this act are made subject to the legislative assent of the several states and territories to the purposes of said grants: Provided, that payments of such instalments of the appropriation herein made as shall become due to any state before the adjournment of the regular session of its legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof duly certified to the secretary of the treasury; and WHEREAS, The governor of the state of Indiana did, on the 10th day of December, 1888, provisionally accept such grant for and on behalf of Pur