South Carolina - Acts on Education Topics

An Act to Provide for the Organization of the State University

March 22, 1878

Acts and Joint Resolutions of the General Assembly of South Carolina 1877-1878, Pages 532-536.

Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the University of South Carolina shall be, and it is hereby, divided into two branches—the one located in the city of Columbia, and styled the South Carolina College, and the other in or near the town of Orangeburg, to be styled the Claflin College; and that the said University, and both branches thereof, shall be, and are hereby, placed under the control and management of the Board of Trustees of the University of South Carolina, now in office, and their successors elected according to law.

Sec. 2. That the Board of Trustees shall consist of the Governor of the State for the time being, the State Superintendent of Education, the Chairman of the Committee of Education of the Senate and House of Representatives for the time being, and seven persons to be elected on the joint vote of the General Assembly, who shall hold their offices for a term of four years, and until their successors shall be appointed, no one of whom shall be in any other manner connected with the University.

Sec. 3. That the said Board of Trustees is a body corporate and politic, in deed and in law, by the name of the University of South Carolina, and by said name they and their successors shall have perpetual succession, and be able and capable in law to have, receive and enjoy to them and their successors lands, tenements and hereditaments of any kind or value, in fee or for life, or years, and personal property of any kind whatsoever, and also all sums of money of any amount whatsoever which may be granted, devised or bequeathed to them for the purpose of building, erecting, endowing or supporting the said University or either branch thereof: Provided, In receiving any such bequest no liabilities of any character shall be made binding or obligatory upon the State.

Sec. 4. The Board of Trustees shall meet in Columbia at such time and place as the Governor shall direct; and the Governor of the State shall be the President of the Board, and in his absence the Board shall select one of their number to act as President. The stated meetings of the Board shall be held at least once in three months, but the President of the Board shall have power to assemble it at any time in extra meeting, and it shall be his duty to do so whenever requested by the Faculty of said College; any seven of the Board shall constitute a Board for the transaction of business.

Sec. 5. That the said Trustees, or a quorum of them, being regularly convened, shall be capable of doing or transacting all the business of the said University, but more particularly of electing all the necessary officers of the said University and of the said College; of removing any of them for neglect or misconduct; of prescribing the course of studies to be pursued by the students, and, in general, of enacting all such rules, regulations and by-laws as shall appear to them necessary and not repuguant to the laws of the State and of the United States.

Sec. 6. That the said Trustees shall have the power to appoint for each or either of the said Colleges a Board of Visitors, of such number as they may deem expedient, whenever they may think proper.

Sec. 7. No vacancy in the offices of the University, or of the said Colleges, shall be filled unless at the stated meetings of the Board of Trustees: Provided, That such vacancy may be filled at an occasional meeting until the next stated meeting and no longer.

Sec. 8. The Trustees of the said University shall have a common seal for themselves and their successors, with liberty to alter the same from time to time, and by their corporate name shall and may be able to plead and be impleaded, answer and be answered, defend and be defended, in all Courts in this State.

Sec. 9. That all and every estate and property, real or personal, tenements, hereditaments, leasehold estates, franchises, easements and credits of every description which have heretofore been of the South Carolina College, or of the University of South Carolina, shall vest in and shall become the property of the said University: Provided, That no sale of the property of the University shall be made without the consent of the General Assembly.

Sec. 10. That all property, real or personal, rights of property and credits, belonging or appertaining to the Agricultural College shall vest in and become the absolute property of the University of South Carolina, to be used and enjoyed solely for the purpose for which such property and credits were originally given.

Sec. 11. The Board of Trustees are invested with full power in all investigations touching the affairs of the University to compel witnesses to appear and testify and papers to be produced and read before the Board by subpoena, rule and attachment.

Sec. 12. The Board of Trustees are also invested with full power, whenever they may deem it to the interest of the University, to dismiss from office any officer of said institution or of either branch thereof.

Sec. 13. The said Board are also authorized to receive in behalf of the State, and to invest, to the best advantage in their discretion, all moneys, funds and securities which may from time to time be offered for the foundation of scholarships in said University.

Sec. 14. That the Board of Trustees be, and they are hereby, authorized and required, whenever they shall receive express authority from the General Assembly to do so, as may be practicable to organize each of the said branches of the University by establishing such schools in each of them and prescribing such course and mode of instruction therein as they may think fit, and by electing competent Professors and tutors for the several schools, governing themselves in the number of the schools and of the Professors in each branch of said University by the requirements and necessities of each.

Sec. 15. The said Board shall elect for each branch of the University a President; and the President and the Professors of each branch shall constitute the Faculty thereof, and such Faculty shall have the power of enforcing the rules, regulations and by-laws adopted by the Trustees for the government of the students, by rewarding or censuring them, and by suspending such of them as shall be disobedient and refractory, until a determination of a quorum of the Trustees can be had; but it shall be in the power of a quorum of the Trustees, at a stated meeting only, to expel a student of the University.

Sec. 16. The Faculty are required to report the whole of their proceedings against any student who shall be suspended, together with the cause of such suspension, to the Board of Trustees at their next stated meeting after such suspension; and the said Board are empowered, upon a review of the case, to restore any student to his standing in the University.

Sec. 17. The Board of Trustees shall take care that one of the Professors elected by them in each College shall be a minister of the gospel, who shall be charged with the duties of Chaplain to the College, under such regulations and with such additional salary as may be fixed by the said Board.

Sec. 18. The said University shall have full power to confer degrees on students, or such other persons as may be qualified to receive the same.

Sec. 19. The Board of Trustees shall appoint a Librarian for such College, who shall perform such other duties and receive such salary or compensation as the Board may prescribe.

Sec. 20. There shall be admitted into each College of the University one student from each County of the State, who shall be entitled to tuition free of charge; such student shall be appointed by the Governor, upon the recommendation of the delegation in the General Assembly from the County in which the applicant resides, and after a competitive examination: Provided, Such applicant shall show upon examination before the Faculty the degree of proficiency required of other applicants for admission in said College, and be otherwise eligible for admission in said College.

Sec. 21. As the youths so chosen shall graduate, or in case of death, expulsion or removal of any of them, the Governor and the delegation of the County from which the student was appointed shall fill the vacancy occasioned thereby in the manner provided in the foregoing Section for making such appointments.

Sec. 22. That to each of the Professors shall be paid from the Treasury of the State an annual salary not exceeding the sum of two thousand dollars, payable quarterly; and to each President an annual salary not exceeding the sum of two thousand five hundred dollars, payable quarterly: Provided, The number of Professors shall not at any time exceed ten (10).

Sec. 23. The Trustees shall have authority to assign any Professor to additional duties in any other school or schools without additional salary.

Sec. 24. The tuition fees shall not exceed the sum of forty dollars per annum for all the branches taught in either College, which fees shall be deposited in the State Treasury and reported to the Legislature annually; and the compensation for room rent, use of library and damage to property shall be regulated by the Board of Trustees.

Sec. 25. That it shall be required, and it is hereby made the duty of the Trustees of the University to open and establish an agricultural department in said University.

Sec. 26. The Board of Trustees shall have the power to adopt such measures, aud to make such regulations as may in their discretion be necessary to carry out any of the provisions of this Act in all cases where the same has not been specially provided for herein.

Sec. 27. All Acts and parts of Acts inconsistent with the provisions of this Act, or in conflict therewith, or supplied thereby, are hereby repealed.

W. D. Simpson, President of the Senate.
John C. Sheppard, Speaker of the House of Representatives.
Wade Hampton, III, Governor.

Approved: March 22, 1878

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