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255 New Mexico: Providing for the distribution and application of moneys received from the United States Government as its appropriation of the income from the forest reserves within the Territory.

One-half of money to be placed to the credit of the general county school fund.
Chap. 119, Mar. 18, 1909.

256 Oklahoma: Creating a state board of public affairs.

Three members; appointment by governor; salary, $3,000; general control of buildings, supplies and equipment for all state institutions.

S. B. 223, p. 563, Mar. 27, 1909.

257 Pennsylvania: Amending act 94, Laws, 1874, relative to taxation for public purposes of certain property.

Extending exemption provisions so as to apply to hospitals, universities, colleges, seminaries, academies, etc., where the entire revenue is applied to the support of and to the increase of the efficiency thereof.

Act 31, Mar. 24, 1909. 258 Pennsylvania: Making an appropriation for the payment of the annual fixed charge for school and road purposes on lands held for forest reserves (p. 111, Laws, 1905). Act 555, May 13, 1909.

259 South Carolina: Prescribing the manner for the payment of the income from the fund of $50,490 held by the state treasurer, pursuant to an act of Congress, 1873, for the benefit of the free public schools in certain parishes.

Act 242, Mar. 2, 1909. 260 South Dakota: Amending sec. 153, art. 8, chap. 135, Laws, 1907, relating to school bonds.

Chap. 132, Mar. 2, 1909.

261 Tennessee: Exempting leasehold estates and improvements thereon from taxation in the hands of the lessee, holding under incorporated institutions of learning in this State, when the rents therefor are used purely for educational purposes, by said institutions, where the fee in the same is exempt for taxation to said institution by charter granted by the State.

Chap. 24, Feb. 5, 1909.

262 Tennessee: Providing for the issuance and sale of certificates of indebtedness of the State to raise funds to meet any deficiency in the current revenue of the State to satisfy additional appropriations made for educational purposes. Authorizing $300,000 in bonds to meet any deficiencies in appropriations. Chap. 439, May 1, 1909.

263 West Virginia: Amending and re-enacting sec. 41, chap. 45, Code, 1906, as amended by Acts (sp. sess.), 1908, relating to the auditor's report on the general school fund. Chap. 24, Feb. 27, 1909.

264 Wisconsin: Amending sec. 942c and subsec. 8, sec. 943, Statutes, relative to the refunding of debts lacking the constitutional levy.

Chap. 413, June 15, 1909. 265 Wisconsin: Creating sec. 401m, Statutes, relative to a biennial examination of the financial transactions and accounts of the state normal schools; making appropriation.

Chap. 495, June 16, 1909.

266 Wisconsin: Creating sec. 383m, Statutes, relative to a biennial examination of the financial transactions and accounts of the state university; appropriation. Chap. 497, June 16, 1909.

267 * Wisconsin: Amending sec. 145, Statutes, relative to accounts, how verified and audited.

*

SECTION 1. * * "No item shall be audited for expenses of any officer or employee of the State or university while attending any convention or other meeting held outside of the State, unless such expense shall be authorized by the governor, or specific statutory authority exist therefor.'

* * *

Chap. 523, June 17, 1909.

268 Wyoming: Amending and re-enacting sec. 6, chap. 30, Laws, 1907, regulating the deposit and safe-keeping of public money belonging to the State, or to any county, city, school, or district, or any other subdivision within the State. Chap. 94, Feb. 27, 1909.

(b) State School Lands.

The past decade has witnessed much legislative industry for the protection and profitable investment of the landed endowments of public education. The noticeable decrease in the number of new school-land laws would seem to indicate that the policy of conservation had become clearly defined and operative. In but a few instances were significant measures enacted during the year. Excepting the general revision of the school law in Kansas (271), the proposed constitutional amendments in Nevada (276) and in North Dakota (278, 279), and the several new laws in Oklahoma (282-285), especially (283), the items of this group are of minor importance.

269 California: Amending sec. 3495, Political Code, relative to school lands belonging to the State and the affidavit on applications to purchase the same.

Chap. 350, Mar. 20, 1909. 270 Colorado: Providing for the admission of agricultural college and public school lands into irrigation districts; providing for and authorizing the assessment of agricultural college and public school lands within irrigation districts for irrigation district purposes; and providing for the payment of such assessment so levied. Chap. 178, Apr. 5, 1909.

271 * Kansas: Repealing secs. 6339, 6340, 6341, 6345, 6346, 6351, 6352, 6353, 6356, 6357, 6360, 6361, 6362, and 6363, General Statutes, 1901, relative to school lands. Revising the entire school-land law.

Chap. 218, Mar. 5, 1909.

272 Michigan: Authorizing the commissioner of the state land office to sell sites to school districts, churches, and cemetery associations from lands held by the State as tax homestead lands.

Act 223, June 2, 1909.

273 Minnesota: Providing for leasing state swamp and school lands.

Chap. 191, Apr. 14, 1909.

274 Missouri: Amending sec. 8169, art. 2, chap. 122, Revised Statutes, 1899, relating to school lands.

Manner of securing title when original certificate is lost or destroyed.
P. 617, June 10, 1909.

275 Nebraska: Repealing, and re-enacting with amendments, sec. 10377, Cobbey's Ann. Stat., 1907, relative to fines for waste and trespass; empowering the commissioner of public lands and buildings to lease to lessee of school lands the right to conditionally remove sand and gravel from the same.

Chap. 133, Apr. 2, 1909. 276 Nevada: Proposing amendment to sec. 3, art. 11, constitution, relating to school lands and funds for educational purposes..

Con. Res. No. 1, p. 340, Mar. 3, 1909. 277 North Carolina: Changing sec. 3746, Revisal, 1905, relating to trespass, in order to afford better protection to the lands of the state board of education. Chap. 891, Mar. 9, 1909. 278 North Dakota: Referring to the next legislature amendment to sec. 158 of the constitution relative to the sale of school lands to railroad companies.

S. B. No. 114, p. 342, Mar. 11, 1909.

279 North Dakota: Submitting to vote amendment agreed to by the legislature of 1907, to sec. 158 of the constitution, relative to the sale of school and public lands.

Modifying conditions for nullification of contracts for sale for nonpayment of taxes. a H. B. No. 146, p. 341, Mar. 16, 1909.

280 North Dakota: Amending sec. 192, Revised Codes, 1905, relating to the collection by county treasurers of moneys due on school lands held under contract or lease from the State, and providing the manner of reporting such collections to the state auditor and the commissioner of university and school lands, and prescribing the duties of the county treasurers, state auditor, and land commissioner in connection therewith.

Chap. 207, Mar. 5, 1909.

281 North Dakota: Giving holders of contracts for the purchase of state land the right to bring actions in the courts in certain cases. Provisions. Chap. 208, Mar. 13, 1909.

282 Oklahoma: Providing for the manner and procedure in leasing the public lands of the State.

S. B. 216, p. 440, Mar. 22, 1909.

283* Oklahoma: Providing for the sale of all the public lands owned by the State taken in lieu of lands embraced in sections numbered 13, 16, 33, and 36, according to the United States survey, known as "indemnity lands;" providing also for the sale of all the lands embraced in sections numbered 33, reserved by the United States and granted to the State; providing also for the sale of the tracts of land now platted and used for town-site purposes embraced in sections numbered 13, 16, and 36; and providing also for the sale of all the lands withdrawn from the public domain, reserved from homestead entry, and granted to the State under and by virtue of section 12 of an act of Congress approved June 16, 1906, known as the enabling act of the State of Oklahoma. Exceptions, conditions, rules and regulations, and penalties.

Amend. S. B. 1, p. 448, Mar. 2, 1909.

284 Oklahoma: Authorizing and directing the commissioner(s) of the land office to sell at public auction certain public school land adjacent to any incorporated city or town.

H. B. 528, p. 460, Mar. 20, 1909.

a See sec. No. 397, Bulletin, 1908, No. 7.

285 Oklahoma: Providing for making available to various educational institutions the income, rentals, interest, and proceeds from certain lands, and making appropriations of such funds; designating a name by which such fund shall hereafter be known.

S. B. 322, p. 461, Mar. 25, 1909.

286 Oregon: Authorizing the state land board to purchase lands in school sections within national forest reserves, and to provide for the use of said lands as base for indemnity school selections.

287 South Dakota: Amending sec. 2, chap. 226, Laws, indemnity, common school, and endowment lands.

Chap. 90, Feb. 23, 1909.

1907, relating to the sale of

Chap. 56, Feb. 19, 1909.

288 South Dakota: Relating to the drainage of state, institutional, and school lands.

Chap. 127, Mar. 2, 1909.

289 South Dakota: Accepting an act hereafter to be passed by the Congress of the United States, and granting unto the State of South Dakota the right to choose and select from any public lands within the State, which are now being opened to settlement, 62,029.40 acres, more or less, of lands for the support of the common schools of said State in lieu of 62,029.40 acres, more or less, according to government survey, of land granted unto the State of South Dakota by an act of Congress, February 22, 1889, for the support of the common schools of said State, and of which the State has been largely deprived by the Government of the United States by the inclusion of the same within the Black Hills and the Sioux national forests, and authorizing the commissioner of school and public lands to make selections out of such lands as are now being opened to settlement in the Standing Rock and Cheyenne River Indian reservations, and relinquishing unto the Government of the United States all of said school lands so appropriated by the Government of the United States and included within the said Black Hills and Sioux national forests.

Chap. 195, Mar. 5, 1909. 290 Texas: Regulating the manner and form of making payments to the State for public lands. Defining duties of various officers and prescribing method of keeping accounts. Repealing art. 4046, Revised Civil Statutes, 1895.

Chap. 16, p. 429, May 12, 1909. (Sept. 1, 1909.)

291 Vermont: Ceding to the United States exclusive jurisdiction of the land in Burlington acquired from the university and the State agricultural college.

Act 207, Jan. 25, 1909.

(c) Permanent State School Funds: Composition and Investment. The general statement already made concerning state school land legislation would apply with equal appropriateness to permanent school fund legislation. After singling out the general pronouncement of the supreme court of Kansas (D. 295), and the Montana (298, 299) and Texas (303) enactments, the remainder of this group involve minor administrative detail only.

292 California: Providing for the investment of the moneys in the estates of deceased persons fund, and also providing for payment of interest received into the state school fund.

Chap. 43, Feb. 22, 1909.

293 Idaho: Amending sec. 1587, Revised Code, 1909, relative to the investment of the permanent educational school funds of the State, and imposing duties on school district officers and providing a penalty for violation thereof.

S. B. 154, p. 373, Mar. 16, 1909.

D. 294 Kansas (1909): As all the legislative power the people have is vested in the legislature, that body has the same power to direct or control the permanent school fund commission that it has in regard to any other office or commission.-State v. City of Lawrence, 100 P., 485.

D. 295 Kansas (1909): As const., art. 6, sec. 3, expressly provides for the investment of the permanent school fund, the provision that it shall not be diminished, but that the interest shall be inviolably appropriated to the common schools, obviously does not contemplate that the fund shall never be diminished by losses or investments made in good faith, and, since losses from investments are bound to occur, there must be some power to authorize a compromise of doubtful claims, and that power rests with the legislature.-State v. City of Lawrence, 100 P., 485.

296 Minnesota: Amending sec. 790, Revised Laws, 1905, relative to special tax levy for the payment of municipal indebtedness to the state school fund.

Chap. 94, Mar. 24, 1909. 297 Missouri: Appropriating money for the payment of interest on the certificates of indebtedness issued and held in trust for the state school and seminary funds during the years 1909 and 1910.

P. 48, May 11, 1909.

298 Montana: Amending secs. 786, 2196, and 2197, Revised Code, 1907, concerning the investment of the funds of the state normal school, permanent university funds, permanent agricultural college, and permanent school funds.

Chap. 76, Mar. 4, 1909.

299 Montana: Providing for the deposit and disbursement of money received from the investment of the permanent funds of the state educational institutions and from the leasing of lands granted by the Federal Government to such institutions, to be known and designated as the "interest and income funds" of each of such institutions; reducing the appropriations from the general fund; providing for reports by said educational institutions of all moneys received from appropriations made to them under the laws of the United States.

Chap. 120, Mar. 8, 1909. 300 Nebraska: Repealing, and re-enacting with amendments, sec. 2, chap. 80, Compiled Statutes, 1907, relative to investment of school funds.

Chap. 129, Mar. 30, 1909.

301 North Dakota: Amending sec. 155, chap. 4, Political Codes, 1905, providing for the investment of the permanent school fund.

Chap. 106, Feb. 26, 1909.

302 West Virginia: Amending serial sec. 1701, Code, 1906 (sec. 86, chap. 45), relating to the investment of the endowment fund of the university. Chap. 22, Feb. 27, 1909.

303 Texas: Amending secs. 2, 3, 4, 5, and 6, chap. 124, Acts, 1905, relative to the investment of the permanent school fund.

Providing for purchase by the board of education of bonds of the United States, the State, the bonds of counties, of independent school districts, and of common school districts, the bonds of any incorporated city or town, the bonds of road precincts of any county and of any drainage, irrigation, navigation, and levee district of any county or counties of the State.

Chap. 110, p. 216, Mar. 24, 1909.

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