acres for the deficiency of its distributive share; said scrip to be sold by said States and the proceeds thereof applied to the uses and purposes prescribed in sections 301 to 308, inclusive, of this chapter, and for no other use or purpose whatsoever: Provided, That in no case shall any State to which land scrip may thus be issued be allowed to locate the same within the limits of any other State, or of any Territory of the United States, 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, c. 130, § 2, 12 Stat. 503, 504.) Historical Note See historical note under section 301, ante, of this title. Cross-References Reissue of agricultural college land scrip lost or destroyed, see Title 43, Public. Lands, section 867. Limitation of entries by agricultural college scrip, see Title 43, Public Lands, section 867. Notes of Decisions 1. Land scrip.-A state receiving land scrip had only the right to sell it, and could not locate the land, nor could any agent locate such scrip on behalf of the state which held it, or obtain patents for the land represented by it. Cornell University v. Fiske (1890) 10 S. Ct. 775, 779, 136 U. S. 152, 34 L. Ed. 427, affirming (1888) 111 N. Y. 66, 19 N. E. 233. See, also, Yale College v. Sanger (Conn.; 1894) 62 F. 177. Cited without specific application.. McNee v. Donahue (Cal. 1892) 12 S. Ct. 211, 216, 142 U. S. 587, 35 L. Ed. 1122. § 303. Expenses of management, etc., to be paid by State. All the expenses of management, superintendence, and taxes from date of se-. lection 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 to 308, inclusive, of this chapter mentioned. (July 2, 1862, c. 130, § 3, 12 Stat. 504.) Historical Note See historical note under section 301, ante, of this title. Notes of Decisions Cited without specific application.-Cornell University v. Fiske (1890) 10 S. Ct. 775, 779, 136 U. S. 152, 34 L. Ed. 427, affirming In re Estate of Fiske (1888) 111 N. Y. 66, 19 N. E. 233, 2 L. R. A. 387. § 304. Investment of proceeds of sale of land or scrip. All moneys derived from the sale of lands aforesaid by the States to which the lands are apportioned, and from the sales of land scrip hereinbefore provided for, shall be invested in stocks of the United States or of the States, or some other safe stocks; or the same may be invested by the States having no State stocks, in any other manner after the legislatures of such States shall have assented thereto, and engaged that such funds shall yield not less than 5 per centum upon the amount so invested 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 undiminished (except so far as may be provided in section 305 of this chapter), and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of sections 301 to 308, inclusive, of this chapter, 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 teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life. (*Mar. 3, 1883, c. 102, 22 Stat. 484.) *"July 2, 1862, c. 130, § 4, 12 Stat. 503;" should be read into this citation where indicated. Notes of Decisions 1. Institutions eligible to participate.No particular institutions are entitled to the grants made by sections 301-308, of this title, but the states take the property, charged with the duty to devote it to the purpose named. Wyoming ex rel. Wyoming Agricultural College v. Irvine (1907) 27 S. Ct. 613, 614, 206 U. S. 278, 51 L. Ed. 1063, affirming (1906) 84 P. 90, 14 Wyo. 318. An institution incorporated by Mass. St. 1861, c. 183, for the purpose of instituting and maintaining a society of arts, a museum of arts, and a school of industrial science, and aiding generally by suitable means the advancement, development, and practical application of science in connection with arts, agriculture, manufacture, and commerce, which by Mass. St. 1863, c. 166, amending its charter was obliged to teach military tactics and which thereafter established a school of industrial science, was held to be such an institution as is contemplated by this section. Massachu setts Agricultural College v. Marden (1892) 156 Mass. 150, 30 N. E. 555. 2.- Charter granted prior to 1862.The fact that the charter of the institute was granted prior to the passage of the act of congress does not render it ineligible to participate in the benefit of the fund thereby provided. Massachusetts Agricultural College v. Marden (1892) 156 Mass. 150, 30 N. E. 555. 3. Power of state Legislature to elect. The Legislature has the power to prescribe what college or colleges shall be the recipient or recipients of the interest on the fund derived from the sale of lands thus donated, and may bestow it on such university of the state as it may elect, having the power to withdraw the interest from any institution which has been the recipient of it, and found another institution at any time it may elect so to do, and make it the recipient of said interest for such instruction. 39 So. 931, 50 Fla. 293. State v. Bryan (1905) 27, 1865, incorporating Cornell University, it was provided that the income received from such fund should be paid to the trustees of such university, in the mode and for the purposes defined in the act of congress. Held, that the trustees of the university were entitled to the income of the fund, without any deduction for expenses, or for premiums paid in purchasing stocks, as required by the act. People v. Davenport (1890) 117 N. Y. 549, 23 N. E. 664, affirming (1883) 30 Hun, 177. The endowment of land and money conferred by the provisions of §§ 301-308, 321328, of this title, for the benefit of colleges in the several states for the dissemination of learning and agriculture and mechanic arts, being grants to the states for the benefit of a college or colleges situated therein, and the state being required to accept the grant by the legislative act, it is the duty of the state legislature to select the beneficiary entitled to receive and expend the funds. State v. Irvine (1906) 14 Wyo. 318, 84 P. 90, affirmed (1907) 27 S. Ct. 613, 614, 206 U. S. 278, 5 L. Ed. 1063. 4. Control and management.-Laws Fla. 1905, c. 5384, abolishing the Florida agricultural college, officially designated as the "University of Florida," and other schools, and providing for the creation of a board of control to manage all of the several institutions created and provided to be supported and maintained by the act, held not to conflict with the provisions of this chapter. State v. Bryan (1905) 39 So. 929, 50 Fla. 293. Though, prior to January 14, 1869, no board of commissioners of any county in the state had power to make a donation to secure the location of the agricultural college contemplated in this section, and Act Ind. March 6, 1865, an order passed by the board of commissioners of T. county on June 14, 1869, was not void, but became valid and binding on its ratification by Act Ind. May 6, 1869, accepting the donation, and locating the college in that county. Marks v. Trustees of Purdue University (1871) 37 Ind. 155. 5. Investment and income of funds.-It is exclusively within the province of the state legislature to determine what stocks are safe, and its decision on the question is binding and conclusive on the judiciary, which cannot interpose on the suggestion that the stocks selected are unsafe. State v. Vicksburg & N. R. Co. (1875) 51 Miss. 363. 7. -Income actually received.-When the fund thus invested does not yield an income of 5 per cent. on the amount, as intended by the act of congress, the trustees are entitled to only such sum as is actually received as interest. People v. Davenport (1890) 117 N. Y. 549, 23 N. E. 664, affirming (1883) 30 Hun, 177. 8. Right to use for other than educational purposes.-In Nebraska it has been held that by the terms of this Act, and by the acceptance of the grants by the state, and the pledges contained in the state constitution and statutes with reference thereto, the state became a trustee of the funds derived from such grants for the sole purpose of applying them to the objects of the grant, and with no power to divert the same to other purposes, or to render them general funds of the state. State v. Brian (1909) 84 Neb. 30, 120 N. W. 916. 9. Injunction to restrain diversion of fund. The state of Connecticut received, under and by virtue of the provisions of §§ 301-308, of this title [Act July 2, 1862], land scrip which subsequently sold for $135,000, "for the uses and purposes prescribed in said Act." The state accepted the donation upon the terms of the act and selected Yale College for the endowment, provided by the act of Congress. Pursuant to the provisions of §§ 321-328, of this title, the Secretary of the Treasury paid over to the state treasurer the additional sums provided for the more complete endowment and support of such colleges of agriculture and mechanic arts, and the United States treasurer thereupon immediately transferred the fund to the treasurer of Yale College as being the party entitled to receive the same for the benefit of said college "established" and "endowed" as aforesaid under the Act of July 2, 1862. The treasurer of the college refusing to pay over any of the funds in his hands to that institution and threaten 6.- Recipient entitled to income without deductions.-By Laws N. Y. 1863, c. 460, the Legislature accepted the grant provided for in sections 301-308 of this title. and provided for the sale of the lands, and investment of the proceeds; re-enacting the provisions of the act of congress relating to the investment of the funds, and the payment of the expenses. By act of April ing to divert them in obedience to the direction of the general assembly of the state, it was held that the college was entitled to its preventive remedy by an injunction to restrain the treasurer from paying the income of the land-scrip funds to any other person than itself. But it was further held that the state will not under such circumstances be compelled to pay the income to the college as such relief is, in effect, an attempt to compel the state to execute its contract. Yale College v. Sanger (Conn. 1894) 62 F. 177. Cited without specific application.-State v. Erickson (1926) 244 P. 287, 75 Mont. 429; Hamburger v. Cornell University (Sup. 1917) 166 N. Y. S. 46, 99 Misc. Rep. 564, reversed (1918) 172 N. Y. S. 5, 184 App. Div. 403, leave to appeal granted (1918) 172 N. Y. S. 895, 186 App. Div. 929, and affirmed (1919) 226 N. Y. 625, 123 N. E. 868; Cornell University v. Fiske (1890) 10 S. Ct. 775, 779, 136 U. S. 152, 34 L. Ed. 427, affirming In re Estate of Fiske (1888) 111 N. Y. 66, 19 N. E. 233, 2 L. R. A. 387. § 305. Conditions of grant. The grant of land and land scrip authorized in the foregoing sections of this chapter shall be made on the following conditions, to which, as well as to the provisions hereinbefore in this chapter contained, the previous assent of the several States shall be signified by legislative acts: First. If any portion of the fund invested, as provided by the foregoing section, 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 interest shall be regularly applied without diminution to the purposes mentioned in section 304 of this chapter, except that a sum, not exceeding 10 per centum upon the amount received by any State under the foregoing provisions of this chapter, 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 foregoing provisions of this chapter 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 chapter, or the grant to such State shall cease; and said State shall be bound to pay the United States the amount received of any lands previously sold, and the title to purchasers 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 free, by each, to all the other colleges which may be endowed under the foregoing provisions of this chapter, 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 proportionally 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 foregoing provisions of this chapter. Seventh. No State shall be entitled to the benefits of the foregoing provisions of this chapter unless it shall express its acceptance thereof by its legislature within three years from July 2, 1862: 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 foregoing provisions of this chapter, 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: Provided further, That any State which has prior to July 23, 1866, expressed 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 section 304 of this chapter, after July 2, 1867. (July 2, 1862, c. 130, § 5, 12 Stat. 504; July 23, 1866, c. 209, 14 Stat. 208.) Historical Note See historical note under section 301, ante, of this title. Notes of Decisions 1. Acceptance of act as vesting title.No title to lands vested in the states until their selection and listing; and the acceptance of the act by a state did not prevent land which might be selected thereunder from being previously selected by other grantees of the United States of unlocated quantities of land. McNee v. Donahue (Cal. 1892) 12 S. Ct. 213, 216, 142 U. S. 587, 35 L. Ed. 1122. 2. Insurrection against the United States. -The state of Arkansas, on the 11th of May, 1864, was in a condition of insurrection against the United States; and an act of assembly of the State, passed on that day, was held not to be a valid accept 1 ance by the Legislature of the state of this grant. (1866) 12 Op. Atty. Gen. 11. 3. Institutions eligible to participate.See Massachusetts Agricultural College v. Marden (1892) 156 Mass. 150, 30 N. E. 555. Cited without specific application.— Hamburger v. Cornell University (Sup. 1917) 166 N. Y. S. 46, 99 Misc. Rep. 564, reversed (1918) 172 N. Y. S. 5, 184 App. Div. 403, leave to appeal granted (1918) 172 N. Y. S. 895, 186 App. Div. 929, and affirmed (1919) 226 N. Y. 625, 123 N. E. 868; Cornell University v. Fiske (1890) 10 S. Ct. 775, 779, 136 U. S. 152, 34 L. Ed. 427, affirming In re Estate of Fiske (1888) 111 N. Y. 66, 19 N. E. 233, 2 L. R. A. 387. 8 306. Land scrip; time of location. Land scrip issued under the foregoing provisions of this chapter shall not be subject to location un |