Evening journal., 1911-02-20

lege on behalf Of the State. aud to
fiji all vacancies which may arise
In such appointments. Occasioned by
death. resignation or otherwise, and
that the present Board of Trustees
of Delaware College shall FIJI up the
remaining vacancies in said Board.
in the manner and to the number
prescribed i'm the charter Of Della
ware College. as well as to fiji any
vacancies which may hereafter arise
i'm their number, and the joint Board
OF Trustees. thus reOrganized shall
have the entire control and man
agement Of said institution. subject
TO the provisions of it's charter. and
the terms of the Act: Provided. That
said institution shall never be man
aged or conducted in the interests OF
any party, sect, or denomination
Section 9. That the Board OF
Trustees of Delaware College shall
report such amendments to this Act
or such further acts or laws as they
may deem necessary and proper t.
carry out the objects contemplated
by this act
Passed at Dover March A. 1867
Relation to the State.
BY the foregoing Act it will be seen
that contractual relation was estab-
lishcd between the State of Delaware
and the corporation known as 1.-THE
Trustees of Delaware College" whore
by the Trustees OF Delaware College
proposed to convey TO the State OF
Delaware a joint and equal interest i'm
the grounds, buildings. libraries ap-
paratus and vested funds of said Col
lcge. upon the condition that the Col
lcge should vest the income TO be de
rived from the sale of said public
lands, in a Board of Trustees. moi
more than one-half of whom should bC
representatives of the State. and the
remaining ones the representatives oil
the then existing Board, for the pur.
pose of establishing at Newark I'm con.
nection with said College, an institu.
ton which should meet the require
ments of the Act of Congress of JULY
?, 1862, and extend to the people o.
this State the benefits of its provisions
The foregoing proposition having
been accepted by the State of Della
ware and the fund derived from tn,
sale of said lands having been turned
over to and vested in the Trustees o
Delaware College, the joint and equa
interest in the grounds, buildings, Ii
braries. apparatus and vested funds
of said College became ipso factl
vested Inc the State of Delaware. and il
further confirmation of the vcsting o
said title, a deed. wherein the Trus
tees of Delaware College were parties
of the first part and the State of Della
ware party of the second part. convey
ing the joint and equal interest TO IN
State of Delaware. has been executes
and delivered by the said Trustees o
Delaware College, and is of record II
the office of the Recorder of Deeds. ii
and for New Castle county In Dec
record Vol. page &C.
That as part Of the contractual re
lations existing between the sal
The Trustees of Delaware College
and the State of Delaware. il was Pre-
/ vided I'm the said Act Of the State q
/ Delaware that five trustees from eac
{ county of the State should be appoint
| ed by the Governor to be members q
/ the Board of Trustees of Delawar
! College in behalf of the State, and tina
| the Governor should be authorized {
fiji all vacancies which may arise j
such appointments, and that the Boar
Of Trustees Of Delaware Collee
should fiji up the remaining vacancie
I'm said Board in the manner and TO th
number prescribed I'm the charter
Delaware College. and iii any vacanc
which may thereafter arise in the
number, and that the joint Board {
/ Trustees thus reorganized should haN
the entire control and management
said institution subject to the prov
sions of its charter
II will thus be seen that il is hcyOn
the power of the General Assembly
enact any provision inconsistent wit
the foregoing method of naming {
electing trustees for said Colleg
without impairing the obligations oi
tered into between the State of Del;
ware and the Trustees Of Delawal
\ Collge.
II is worthy of special note that a.
ton ON the part of the Board must I
the action of the whole Board as COZ
stituted by the above recital acts
the General Assembly, and that neitl
er the Trustees appointed by the Co
ernor nor those appointed under q
charter acting separately can pertor
any lawful act other than the electiC
of members to fill vacancies that ms
be created among that portion of q
Board of Trustees of Delaware COLES
J that represent the original Board
. Trustees
Income Of the College.
BY act of the General Assemb
PASSED February II, 1869, being Cha