South Carolina - Acts on Education Topics

An Act to Reorganize and Provide for the University of South Carolina, Constituting the Board of Trustees of the Same, and Defining their Powers and Duties.

December 23, 1890

Acts and Joint Resolutions of the General Assembly of South Carolina 1890, Pages 687-691.
Click Here to view the earlier Act of December 22, 1887. This Act repeals the earlier Act.

Section 1. Be it enacted by the Senate aud House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That "an Act to amend Chapter XX of the General Statutes, entitled 'Of the University of South Carolina,'" approved December 22d, A. D. 1887, and also Sections 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044 of the General Statutes of this State being part of Chapter XX, and entitled Of the University of South Carolina, be, and the same are hereby, repealed.

Sec. 2. That the University of South Carolina shall be, and it is hereby, divided into branches, the one located in the City of Columbia, and styled the South Carolina College; another in or near the Town of Orangeburg, to be styled the Claflin College; another the South Carolina Military Academy. The said University aud the said branches thereof, in Columbia and Orangeburg, 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. The South Carolina Military Academy shall be subject to the sole control and supervision of its Board of Visitors.

Sec. 3. The Board of Trustees shall consist of the Governor of the State for the time being, the Justices of the Supreme Court, the State Superintendent of Education, the Chairmen of the Committees of Education of the Senate and the House of Representatives, for the time being, and nine persons to be elected on the joint vote of the General Assembly, who shall hold their offices for a term of six years, and until their successors shall be appointed, the last nine Trustees to be elected immediately after the approval of this Act, three of whom shall go out of office at the expiration of the first two years, three others at the expiration of the first four years and three others at the expiration of the first six years; the said nine Trustees to decide by lot their respective terms.

Sec. 4. 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, their successors, lands, tenements, and hereditaments of any kind or value, in fee or for life, or years, and personal property of any kind whatever, and 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, except such as are accepted by the General Assembly.

Sec. 5. 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 twice a year; 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. Nine members of the Board shall constitute a quorum for the transaction of ordinary business, but not less than a majority vote of the whole Board shall be required for the election or removal of a President or Professor, for the creation or abolition of any Professorship, or for the expulsion of a student. They shall have the power to appoint for each or either of said colleges a Board of Visitors. The said Trustees, or a quorum of them, being regularly convened, shall be capable of doing or transacting all the business of said University, but more particularly of electing all the necessary officers of the said University and of the said colleges, 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 repugnant to the laws of the State and of the United States. They shall have the power to appoint for each or either of said colleges a Board of Visitors of such number as they may deem expedient, whenever they may think proper. No vacancy in the offices of the University, or 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. 6. 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 the Courts in this State. 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. 7. All property, real or personal, rights of property and credits, belonging or appertaining to the Experimental Station now connected with the University of South Carolina shall vest in and become the absolute property of the Clemson Agricultural College of South Carolina; and the Board of Trustees of the Clemson Agricultural College of South Carolina are authorized and empowered to sell all the real and personal property belonging to the Experimental Station connected with the University of South Carolina; and the Trustees of the University of South Carolina are hereby required to convey to the Clemson Agricultural College of South Carolina the lands and appurtenances known as the Experimental Station connected with the University of South Carolina at Columbia, said conveyance to be made immediately after the approval of this Act.

Sec. 8. The said Board of Trustees of the University of South Carolina are also authorized to receive in behalf of the State, and 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. They are also 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. 9. That the said Board are also authorized and empowered, whenever they shall deem it expedient, but not until after the first day of July, A. D. 1891, to reorganize each of the said branches of tho University and establish such schools in them and prescribe such courses and modes 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 as they may deem proper: Provided, however, That, as far as the South Carolina College and the South Carolina Military Academy are concerned, they shall confine themselves to theoretical science, law, literature and the classics: And provided, further, That from and after the first day of July, A. D. 1891, the Mechanical Department of the said College be abolished, and the Board of Trustees shall turn over to the Board of Trustees of the Clemson Agricultural College, when demanded by them, all articles connected with such department, except such as may be necessary for the use of the said South Carolina College and such as may have been donated or presented to it.

Sec. 10. The said Board shall elect for each branch of the University a President, and the President and professors of each branch shall constitute a Faculty thereof, and said 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 majority of the whole Board of Trustees at a stated meeting only to expel a student of the University. 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. The Board of Trustees shall take care that the President of the South Carolina College shall not be an atheist or infidel, and that one of the professors 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. The said University shall have full power to confer degrees on students and on such other persons as may be qualified to receive the same. 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. The Trustees shall have authority to assign any professor to additional duties in any other school or schools without additional salary. The tuition fees shall be forty dollars per annum for each student, and shall go to the sustenance of the college and compensation for room rent, use of library, except that in the Law Department the Board of Trustees may fix such additional fees as the said Board may deem necessary to make it self-sustaining as soon as possible; and damage to property shall be regulated by the Board of Trustees, and all tuition fees in the Law Department shall be subject to the disposal of the Trustees for the payment of the salary of the Law Professor: Provided, further, That except in the Law Department, the Faculty of the said University may grant beneficiary scholarships, without payment of any fees, to such competent and deserving youths of this State as maybe unable to pay the same, and the Trustees of the said University shall prescribe such rules and regulations as maybe proper to confine the enjoyment of this privilege to those whose necessities require it.

Sec. 11. The Board of Trustees shall have the power to adopt such measures and to make such regulations as may in their discretion be necessary to carry out any of the provisions aforesaid in all cases where the same has not been specially provided for therein.

Sec. 12. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed.

Approved December 23d, A.D. 1890.

Benjamin R. Tillman, Governor.
Eugene B. Gary, President of the Senate and Lt. Governor.
Ira B. Jones, Speaker of the House of Representatives.



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