University of Minnesota Charter
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`TERRITORIAL LAWS 1851, CHAPTER 3
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`TERRITORIAL LAWS 1851, CHAPTER 3
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`Perpetuated by the Constitution of the State of Minnesota, Article 8, Section 4.
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`CHAP. III. - An act to incorporate the University of Minnesota, at the Falls of St.
`Anthony.
`BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE TERRITORY
`OF MINNESOTA, That there shall be established in this Territory an Institution,
`under the name and style of the University of Minnesota:
`Sec. 2. The proceeds of all land that may hereafter be granted by the United
`States to the Territory for the support of a University, shall be and remain a per(cid:173)
`petual fund, to be called the "University Fund," the interest of which shall be appro(cid:173)
`priated to the support of a University, and no sectarian instruction shall be allowed
`in such University.
`Sec. 3. The object of the University shall be to provide the inhabitants of this
`Territory with the means of acquiring a thorough knowledge of the various branches
`of Literature, Science and the Arts.
`Sec. 4. The government of this University shall be vested in a Board of twelve
`Regents, who shall be elected by the Legislature as hereinafter provided.
`Sec. 5. The members of the Board of Regents shall be elected at
`the present
`session of the Legislature, and shall be divided into classes, numbered one,
`two,
`and three; class numbered one shall hold their offices for two years; class numbered
`two, for four years, and class numbered three, for six years, from the first Monday
`of February, one thousand, eight hundred and fifty one; biennially thereafter there
`shall be elected in Joint Convention of both branches of
`the Legislature,
`four
`members to supply the vacancies made by the provisions of this section, and who
`shall hold their offices for six years respectively.
`the
`Sec. 6. Whenever there shall be a vacancy in the office of Regents of
`University, from any cause whatever, it shall be the duty of the Governor to fill
`such office by appointment, and the person or persons so appointed, shall continue
`in office until the close of the session of the Legislature, then next thereafter, and
`until others are elected in their stead.
`Sec. 7. The Regents of the University and their successors in office, shall con(cid:173)
`stitute a body corporate, with the name and style of the "Regents of the University
`of Minnesota," with the right as such, of suing and being sued, of contracting and
`being contracted with, of making and using a common seal, and altering the same
`at pleasure.
`Sec. 8. The Regents shall appoint a Secretary, a Treasurer, and a Librarian,
`who shall hold their respective offices during the pleasure of the Board. It shall be
`the duty of the Secretary to record all the proceedings of the Board and carefully
`to preserve all its books and papers; the Treasurer shall keep a true and faithful
`account of all moneys received and paid out by him, and shall give such bonds
`for the faithful performance of the duties of his office as the Regents may require.
`Sec. 9. The Regents shall have power, and it shall be their duty to enact
`laws for the government of the University;
`to elect a Chancellor, who shall be
`ex-officio, President of the Board of Regents, or when absent, or previous to the
`election of such Chancellor,
`the Board may appoint one of
`their own number
`President pro.
`tern. They may also appoint the requisite number of professors and
`tutors and such other officers as they may deem expedient; also to determine the
`amount of their respective salaries: Provided, That the salaries thus determined,
`shall be submitted to the Legislature for their approval or dissent.
`Sec. 10. The University shall consist of five Departments: The Department of
`Science, Literature and the Arts: The Department of Law: The Department of
`Medicine: The Department of the theory and practice of Elementary Instruction:
`The Department of Agriculture. The immediate government of the several Depart-
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`61
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`UNIVERSITY CHARTER
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`ments shall be entrusted to their respective Faculties; but the Regents shall have
`power to regulate the course of Instruction, and prescribe under the advice of the
`Professorships,
`the books and authorities to be used in the several Departments,
`and also to confer such degrees and grant such diplomas as are usually conferred
`by other Universities.
`Sec. 11. The Regents shall have power to remove any officer connected with the
`Institution, when in their judgment the interest of the University requires it.
`Sec. 12. The admission fee to the University and the charges for tuition in the
`several Departments thereof, shall be regulated and prescribed by the Board of
`Regents; and as soon as in their opinion,
`the income of the University fund will
`permit, tuition in all of the Departments shall be without charge to all students in
`the same, who are residents of the Territory.
`Sec. 13. The University of Minnesota, shall be located at or near the Falls of
`Saint Anthony, and the Regents as soon as they may deem expedient, shall procure
`a suitable site for the erection of the University buildings, and they may proceed
`to the erection of the same as soon as funds may be provided for that purpose,
`after such plan or plans as may be approved by a majority of said Board.
`Sec. 14. The Regents shall have the power, and it shall be their duty, as soon
`as the requisite funds shall have been secured for that purpose, to establish a Pre(cid:173)
`paratory Department of said University, and employ teachers for the same, who
`shall be qualified to give instruction in all the branches of learning usually taught
`in Academies; which Preparatory Department may be discontinued whenever the
`Regents may think proper, after the other Departments of said University shall have
`been established.
`Sec. 15. The Regents are authorized to expend such portions of the fund, which
`by the provisions of this act, may come under their control, as they may deem
`expedient for
`the erection of suitable buildings, and the purchase of apparatus,
`a Library, and a Cabinet of Natural History; and the selection, management and
`control of all
`lands, which may hereafter be granted by Congress for the endow(cid:173)
`ment of said University, is hereby vested in the Board of Regents.
`its
`Sec. 16. The Regents shall make a report annually,
`to the Legislature at
`regular session, exhibiting the state and progress of the University in its several
`Departments,
`the course of study,
`the number of professors and students,
`the
`amount of expenditures and such other information as they may deem proper, or
`may from time to time be required of them.
`Sec. 17. Meetings of the Board may be called by any seven members thereof,
`at such time and place as they may deem expedient, and a majority of the said
`Board shall constitute a quorum for
`the transaction of business, but a smaller
`number may adjourn from time to time.
`Sec. 18. The Regents, if they shall deem it expedient, may receive into connec(cid:173)
`tion with the University, any college within the Territory, upon application of the
`Board of Trustees; and such college so received, shall become a branch of the
`University, and be subject to the visitation of the Regents.
`Sec. 19. No religious tenets or opinions shall be required to entitle any person
`to be admitted as a student in said University; and no such tenets or opinions shall
`be required as a qualification for any professor, tutor or officer of said University.
`Sec. 20. The Legislative Assembly may at any time, alter, amend, modify or
`repeal this act.
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`Historical Nole - See State v. Chase, 175 M. 259, 220 N. W. 951; State v. Quinlivan, 198 M. 65, 268
`N. W. 858.
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`THE MINNESOTA CONSTITUTION
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`Article VIII
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`School Funds, Education and Science
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`University of Minnesota -location confirmed. SEC. 4. The location of the Univer(cid:173)
`sity of Minnesota, as established by existing laws,
`is hereby confirmed, and said
`institution is hereby declared to be the University of the State of Minnesota. All the
`rights, immunities, franchises and endowments heretofore granted or conferred are
`hereby perpetuated unto the said university; and all lands which may be granted
`hereafter by Congress, or other donations for said university purposes, shall vest
`in the institution referred to in this section.
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`ACT OF ADMISSION INTO THE UNION
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`An Act for the admission of Minnesota into the Union.
`[Passed May 11, 1858.1
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`Whereas, An act of Congress was passed February twenty-sixth, eighteen
`hundred and fifty-seven, entitled "An act to authorize the people of the Territory
`of Minnesota to form a constitution and state government preparatory to their
`admission into the Union on an equal
`footing with the original states"; and,
`whereas,
`the people of said Territory did, on the twenty-ninth day of August,
`eighteen hundred and fifty-seven, by delegates elected for that purpose, form for
`themselves a constitution and state government, which is republican in form, and
`was ratified and adopted by the people at an election held on the thirteenth day
`of October, eighteen hundred and fifty-seven, for that purpose; therefore,
`Be it enacted by the Senate and House of Representatives of the United States
`of America, in Congress assembled, That the State of Minnesota shall be one, and
`is hereby declared to be one, of the United States of America, and admitted into
`the Union on an equal footing with the original states in all respects whatever.
`Sec. 2. And be it further enacted, That said State shall be entitled to two repre(cid:173)
`sentatives in Congress, until the next apportionment of representatives among the
`several states.
`Sec. 3. And be it further enacted, That from and after the admission of the
`State of Minnesota, as hereinbefore provided, all
`the laws of the United States
`which are not locally inapplicable shall have the same force and effect within that
`State as in other States of the Union; and the said State is hereby constituted a
`judicial district of the United States, within which a district court, with like powers
`and jurisdiction as the district court of the United States for the district of Iowa,
`shall be established; the judge, attorney and marshal of the United States of the
`said district of Minnesota shall reside within the same, and shall be entitled to the
`same compensation as the judge, attorney and marshal of the district of Iowa; and
`in all cases of appeal or writ of error heretofore prosecuted and now pending in
`the supreme court of the United States, upon any record from the supreme court
`of Minnesota Territory, the mandate of execution or order of further proceedings
`shall be directed by the supreme court of the United States to the district court of
`the United States for the district of Minnesota, or to the supreme court of the
`State of Minnesota, as the nature of such appeal or writ of error may require; and
`each of those courts shall be the successor of the supreme court of Minnesota
`Territory, as to all such cases, with full power to hear and determine the same, and
`to award mesne or final process therein.
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