A A : i 1 i 1 i 8 i 2 i 7 I 7 i 2 1 The Legal Status of the State College of Washington and the University of V^ashington. By Enoch A. Bpvan UNIVERSITY OF CALIFORNIA AT LOS angele: THE LEGAL STATUS OF THE STATE COLLEGE OF WASHINGTON AND THE UNIVERSITY OF WASHINGTON By ENOCH A. BRYAN Particular attention is called to page 3 THE LEGAL STATUS OF THE STATE COLLEGE OF WASHINGTON AND THE UNIVERSITY OF WASHINGTON Bv ENOCH A. BRYAN Particular attention is called to jfage .'i L-T) ^9> nri $ FUNCTIONS OF THE STATE COLLEGE AS PRESCRIBED BY STATE LAW. "The courses of instruction ol said college shall embrace the English language, literature, mathematics, philosophy, civil and rnechanicUl engineering, chemistry, animal ami vegetable anatomy and physiology, the veterinary art, ento- mology, geology, political economy, rural and household economy, horticulture, moral philosophy, history, mt-chanics, and such other courses of instruction as shall he prescribed by the board of regents. One of the objects of said college shall be to train teachers of physical science, and thereby further the application of the principles of physical science to industrial pursuits; to collect information as to schemes of technical instruction adopted in' other parts of the United States and in foreign countries, -and to hold farmers' insti- tutes at such time and places alnd u^der such regulations as the board of regents may determine: Provided, that no student shall be admitted to any department of the state college who is under the age of sixteen years." (See Rem- ington and Ballinger Sec. 4335.) 3 311291 THE STATE COLLEGE The State College of Washington is one of a group of colleges and universities, of which there is at least one in each state, which owe their constitu- tion to the "Morrill Act," an act of Congress ap- proved July 2, 1862, and the acts supplementary- thereto. It belongs to a class of institutions national in origin and support. Its functions and rights are, therefore, determined in part by the chiss to whicli it belongs and the laws a])i)licable to the nienihei's of this class. The discussion of the uationni hiws relating to this class will ])e considered liereiu hitcr. Enabling Act. The establishment of such an institution as The State College of Washington was forecast in the "Enabling Act" of Congress for the admission of Noi'th Dakota, South Dakota, Montana and Wash- ington, approved February 22, 1889 (S(M' Rem. ^ Bal. Code, Vol. 1, Pages 20-28.) Section 16 provides that "ninety thousand aci-c^ of land, to be selected and located as i)rovid(Ml in Section 10 of this act, are hereby granted to each of the said states, except the state of South Dakota, to which 120,000 acres are granted for the use and support of agricultural colleges in said states, as provided in the acts of Congress making donations of lands for such purposes." The acts of Congress thus referred to aic the Morrill Act, approved July 2. 1862, and acts supph'- mentary thereto. 4 Under that legislation the amount of land or land sci'ip set apart for agricultural colleges was, with slight exception, 30,00U acres of land or land scrip for each member of Congress in the state, and, I'ciice, with two senators and one representative, \Vashi]igt(ai ]*eceiyed, as she was entitled, 9(),()0() ncres. Section 17 of the same act makes an additional grant : "To the State of Washington: For the estab- lishment and maintenance of a scientific school, U){},000 acres." Pursuant to this Enabling Act, the people of Washington adopted a constitution on October 1, 1889, which was approved and proclaimed by tlie President of the United States on November 11, 1889. The constitution, Articde IX., relating to educa- tion, provides: Section 1. "It is the paramount duty of the state to make ample provision for the education of ;;11 children residing witliin its borders, without dis- tinction or preference on account of race, color, caste or sex." Section 2. "The legislature shall provide foi' a Mcneral and uniform system of public schools. The jjublic school system shall include common schools, ;ind such high schools, normal schools and technical schools as may hereafter be established. I^ut the entire revenue derived from the common school fund, and the state tax for common schools, shall be i'xclusi\'elv applied to the support of the connnon schools." ■ (See Rem. & Bal., Sec. 2, Page 98.) The public school system thus proAdded for in- cludes different grades of education, higliei- and 5 lower, it is clearly set forth that the state tax t'oi- common schools is to be applied exclusively to the common schools. The schools for higher education, namely, the "high schools," normal schools and "technical schools" must, therefore, be ])rovided for both as to establishment and maintenance by suit- able laws for that purpose. Xeither here nor else- where in the constitution is the existence of the University recognized nor its support provided for )ior its functions defined. Tt is, as a matter of fact, an extra constitutional institution of our system, having its legal basis in the law, but not in the con- stitution of the state. Tt is interesting to observe, however, that the makers of the constitution had in mind the establishment presently of "technical schools." This was due to their knowledge of the fact that ample provision had been made for techni- cal and industrial education ))y the enabling act and by other national legislation relating to the same The First State Legislature. On November 6, 1889, the first State Legislature assembled. Provision for technical schools and the national endowments for a college of agriculture and mechanic arts and for a scientific school pro- vided for in the Enabling Act directed the attention of the Legislature to the consideration of the prob- lems involved therein. On December 18, House Bill 90, which eventually became a law, and by which the State College was established, was intro- duced. The first and second legislatures gave a large amount of time and attention to the subject, nianv bills relating thereto having been introduced 6 and many amendnients having been presented. The result was the passage of the original charter of .Mai-eh 28, 1890, and of the amended and more com- plete charter of March 9, 1891. Since that time, there have been no essential changes or additions to the laws defining the functions of the institution. Keeping in mind the grants of the Enabling Act I'oj,* an agricultui'al college and remembering, further, that the establishment of "teehnicar' schools had been forecast and pi-ovided for in the constitution and had been made a part of the public school system, it was the natural and practically necessary sequence of events that the legislature should, at an early date, give its attention to pro- vision for technical education. At that date there was no hint, even, that the legislature proposed or that the Statc^ Fniversity desired that it should enter upon the field of techni- cal education. On the other hand, it was tlie maiiil'est purpose of the legislntui'e to ci'(^ate an institution which phould cover the entire field of technical and Indus trial higher education, and that in doing so it would avail itself not only of the splendid grants of (V)n- gress for this purpose, but also of the entire con- ception and purpose of the "land gi'ant" college system. A Commission of Technical Instruction. This is ])lainly shown by the title of the act approved March 28, 1890. This may well be con- sidered in connection with the act approved March 27, re-establishing the State University. This juxta- position in the pasage of the acts i'i im])ortant, show- 7 iiig that the legislature had tlie entire pi'ol)leiii ))e- fore it at the same time and after consideration, purposely and definitely divided the field of higher (education of the state into two quite distinct parts, (Hie I'oi' the lilx^i'al arts and jji-ofessional schools, tlie other for technical and industi'ial e(hication. The act of March 28, 1890, is entitled: An act to create a Commission of Technical -In- struction and to establish a State Agi'icultural ('ol- lege and School of Science, and to declnrc an emer- gency. By this act the two grants (that for an agiicul- tural college and that for a scientific school), 190,01 Ki acres in all, were united into a single foundation (-aidowment for the institution thus established. Section 1 provides that: A commission is hereby created and established, to be known as the commission of technical instruc- tion, which shall be composed of three commission- ers who shall be appointed by the (^lovernor of the State of Washington, })y and with the advice and consent of the Senate. Section 3 provides further that: "It shall be the object and duty of the commis- si(m to further the application of tlie principles of physical science to industrial pursuits and in par- ticular to collect information as to the schemes of technical instruction adopted in other parts of the United States and in foreign countries, to hold farmers' institutes at such times and places and under such regulations as it may determine, and to perform such other duties as may from time to time be prescribed b}^ law, and said commission shall possess all the powers necessary or convenient f; accomplish the objects and perform the duties pre- scribed by law." 8 The broad purpose of the institution is clearly made manifest in this statement of the "object and duty" of the governing board, namely: "To further the application of the principles of physical science to "industrial pursuits." This brings the law into entire harmony with the broad and fundamental purposes of the land grant colleges as set forth i)i all the national legislation relating to the same sub- ject. It is in striking contrast to the thesis of those who insist that the instruction should be confined 1o a single branch — Agriculture. This broad pui'- l)Ose is further emphasized by the command to "collect info]'mation as to schemes of technical in- struction adopted in other parts of the United States and in foreign countries." Information as to schemes of technical instruction in other parts of the United States and in foi*eigu countries was to he collected for the plain purpose of applying it in the education for the "industrial pursuits" herein provided for. Section 4 ])ro\'ides: "That there is hereby established within the State of Washington an educational institution by the name of the Washington State Agricultural College and School of Science." (Session Laws of 1889-1890, Page 261.) In Section 6, emphasis is given to the purpose of the institution as a means (^f the broadest possi- h\(' technical ajid industrial education. It pi'oxides: That the (one) object of said college shall he to train teachers of physical science, and thereby to further the application of the principles of physical science to industrial pursuits. 9 This is again in entire liarniony with the na- tional acts to which it is pursuant. Thus far there is no word or hint that the in- stitution was to devote itself to the single branch of Agriculture. On the other hand, the opposite purpose is clear and unequivocal. The first point in which there is an especial emphasis laid upon this. most important subject of agriculture and the subjects connected therewith is found in Section 8. The first part of this section carries forward the broad purposes of the institution as a whole. Finally, that it may give especial emphasis to this important industrial pursuit, agriculture, which ni that period was all too likely to be imperfectly pro- \idefl for, it goes on to provide: Said commission shall establish a department of said college to be designated the department of agriculture, and in connection there^^'ith provide in- struction in the following subjects." (See foot- note 1.) If there were any doubt, here nil doubt is re- moved. For in this first act, crude and imperfect as it is, it is distinctly specified that there is to be a "department of agriculture." Footnote 1 — Section 8, Session Laws 1890: That the said commission shaU make provisions that all instruction given in the col'ege shall, to the utmost practicable extent, be conveyed by means of practical work in the laboratory. Said commission shall pro- vide, in connection with said college, the following laboratories: One physical laboratory or more, one chemical laboratory or more, one bio- logical laboratory or more, and suitably furnish and equip the same. Said commssion shall provide that all male students shall be trained in military tactics. Said commission shall establish a department of said college to be designated the department of elementary science, and in connection therewith provide instruction in the following subjects: Elementary math- emathics, including elementary trigonometry; elementary mechanics, ele- mentary and mechanical drawing, land surveying. Said commission shall establish a department of said college to b2 designated as the department 10 Plainly it ^^'as to ])e one of many departiiu^nts ])rovided for by the act. The Amended Charter of 1891. The location and organization of the eollege had iiot been consnnimated when the legislative session of 1891 opened. From the second to the fifty- fourth day of that session the subjecf of the agri- cultural college and scientific school was before the legislature. On Marcli 9, 1891, the amended char- ter was approved. The act was entitled: "An act to provide foi- the lo(*ation and main- tenance of the Agricultural College, Experiment Station and School of Science of the State of Wash- ington and declaring an emergency." of agriculture, and in connection therewith provide instruction in the fol- lowing subjects: First, physics, with special application of its principles to agriculture; second chemistry, with special application of its princi- ples to agriculture; third, morphology and physiology of plants, with special reference to the commonly grown crops and their fungous ene- mies; fourth, morphology and physiology of the lower forms of animal life, with special reference to insect pests; fifth, morphology of the higher forms of animal life, and in particular of the horse, cow, sheep and swine; sixth, agriculture, with special reference to the breeding and feeding of livestock and the best method of cultivation of farm produce; seventh, mining and metallurgy.* And it shall appoint demonstrators in each of these subjects, to superintend the equipment of a laboratory and to give practical instruction in same. Said commission shall establish an agricul- tural experiment station in connection with the department of agriculture of said college, appoint its officers and prescrtbe such regulations for its management as it may deem expedient. Such commission may establish other departments of said college, and provide coiirses of instruction therein, when those are, in its judgment, required for the better carry insj out of the objects of the college. — Session Laws 1889-90, section 8, p. 263. (*The inclusion under this department of "mining and metallurgy" instead of making provision for this important part of a school of applied science in a separate paragraph, is one of those accidents of legislative proceedure which in no way clouds or disturbs the object of the legisla- tion. The House Journal for 1890 shows that this paragraph was added on motion by a member from King county while other parts of the journal indicated that this member desired to broaden the technical scope of the institution.! 11 (Session Laws, 1891 Page 334. ) The name prescribel by the Act of 1890 was ''The Washington State Agrirniltnral College and School of Science." (Session Laws of 1890, Page 262, Sec. 4.) The name prescribed in the act of 1891 was "The Agricultural College, Experiment Station and School of Science of the State of Wash- mgton." (Session Laws, 1891, Page 334, Sec. 1.) The name was changed again by the legislature of 1905 to the "State College of Washington," wliich act further provides (Sec. 2) . "That such change of name shall not be con- strued to indicate any change in the purposes or functions or work of said institution, but that the same shall be and remain as provided by law." Again, Section 3 j^rovides. "That all rights, privileges, immunities and obligations of the Washington Agricultural College, Experiment Station and School of Science sh^ll continue to the State College of Washington." (Session Laws, 1905, Page 83.) The act approved March 9, 1891, provides (Sec 23) that: *"A11 acts and ])ai^ts of acts in conflict v/ith the provision of this act are hereby repealed." All provisions of the Act of 1890 not "iii coii- llict" with the Act of 1891, remained the law. Section 13 of the act of 1891 further provides specifically that: This act shall not be construed as impairing Section Eight (8) of the act to establish a commis- *HiU's Code failed to observe that only those parts of the act of 1890^ which were in conflict with the act of 1891, were repealed. 12 sion of tecliiiieal instruction of the session laws of 1899. (Session Laws, 1889-1890, Page 338.) + Section 2 pro\ddes that: "The Agricultural College, Experiment Station and School of Science created and established by this act shall be an institution of learning open to the children of all residents of this state, and to such other persons as the board of regents may determine, under such rules of regulation and terms as may be prescribed by said board of regents; shall be non-sectarian in ciiara(^ter and devoted to practical instruction in agriculture, mechanic arts, natural sciences connected therewith, as well as a thorough instruction in all branches of learning upon agricultural and other industrial pursuits. Section 3 further provides that: The course of instruction of the Agricultui-.il College, Experiment Station and School of Science ^hall (unbrace the English language, literature, mathematics, philosophy, civil and mechanical engineering, chemistry, animal and vegetable anatomy and physiology, the veterinary art, ento mology, geology, and political, rural and household economy, horticulture, woral philosophy, history, m.echanics and snch othei- sciences and conrse ol instruction as shall be prescribed by the regents of this institution of learning. Tlie management <»!' said college and experiment station, the care and preservation of all pi-operty of which snch institn- iion shall become ))ossessed. the erection and coji- struction of all buildings nc^cessary for tlie nse of said college and station, and the disbni'sement and expenditure of all moneys ])ro\ided t'oi' by this act shall be vested in a board of five regents. Said (i\'e members of the board of regents sliall be appointed in the mannei' |)ro\'ided bv. law * * *." t For the text ol Section 8, see footnote pa^e 10. 13 The phrase "and such other sciences auu courses of instruction as shall be prescribed by the regents of this institution of learning" means such other subjects in harmony with the character and purposes of the institution as established by law and the curriculum therein prescribed. There was no intention in this case to make a complete catalogue of subjects to be taught, although those specifically mentioned are mandatory as well as illustrative of the ])urposes, functions and scope of the institution. Section 10 provides in part: The agricultural experiment station provided i'or in this act in connection with said agricultural college, shall likcAvise be located in connection with said agricidtural college, and upon the land referred to in Section one (1) of this act. And it shall be 'inder the direction of the said board of regents of said college for the purpose of conducting experi- ments in agriculture according to the terms of Sec- tion one (1) of an act of Congress, approved March 2, 1887, and entitled "An act to establish agricul- tural experiment stations, etc. * * * The said college and ex])eriment station shall be entitled to receiA'e all the benefits and donations made and given to similar institutions of learning in other states and territories of the United States, by the legislation of the Congress of the United States now in force or that may be enacted; and, partic- ularly, to tlio l)euefits and dcmations given hy the provisions of an act of Congress entitled "An act donating public lands to the several states and territories which may ])rovido colleges, for the benefit of agriculture and mechanic arts," appro^'ed July 2, 1862, and all acts supplementary thereto, etc. * * * Section 11. "The assent of the legislature of the State of Washington is herelw given, in j^ui'su- 14 Miice of the requircmients of Section uiue (9) of said act of Congress, approved March 2, 1887, to the granting of money therein made to the establish- ment of experiment stations in accordance with Section one (1) of said hist mentioned act, and assent is hereby given to carry out, within the State of Washington, every provision of said act." The above citations make clear, as does all the existing legislation relating thereto, the connection of the institution with the Morrill land grant of 1862 and supplementary acts. Later Acts. lu 1897 and again in 1909, the educational laws of the state were codified, considered and re-enacted. No material change in the definition, purposes, functions or curricula of the institution was made ill these successive legislative considerations. The Contract With the United States. The acts of the state legislatures of 1890 and 1891 establishing the State College can only be construed in connection with and as supplementary to the national acts referred to hereafter establish- ing the system and defining its functions. The state not only accepted the gifts, but entered iuto a solemn contract with the United States to carry nut the provisions of the trust. Indeed, it liad been provided in the original national legislation that the grant should be conditioued on the foi*mal accept- ance of the conditions. On xMarch 28, 1890, the same day on which the charter of the college was approved, the act of oui' state legislature accepting the conditious of the land grnut was also approved. 15 The Act Accepting the Conditions of the National Grant. It is entitled: An act of assent to the provisions of an act of Congress approved July 2, anno domini, 1862, and of the acts supplementary thereto, to create a per- manent fund, and to assent to the provisions of an act of Congress appro^'ed March 2, anno domini, J 887, and to declare an emergency. Be it enacted by the legislature of the State of Washington: Section 1. That the assent of the legislature out all and singular the provisions contained in an act of Congress approved July 2, anno domini, 1862, and entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanics arts, and in the acts supplementary there- to," and the Governor of the State of Washington is hereby authorized and instructed to give due notice thereof to the government of the United States. Section 2. That all moneys derived by virtue of said acts of Congress from the sale of lands, and of land scrip, shall be immediately deposited with the treasurer of the State of Washington, who shall invest and hold the same in accordance with tiie provisions of the fourth section of the aforemen- tioned act of Congress, approved July 2, anno domini, 1862, and the moneys so invested shall con- stitute a permanent and irreducible fund to be en- titled "The fund for the ]:)romotion of instruction in agriculture and the mechanic^ arts," and the in- come derived from said fuud shall be expended under the direction of the commission of technical instruction. Section 3. That the assent of the legislature oi the State of Washington is lierel)y given, in pur- 16 suauce of the requirements of Section 9 of an act of Congress, approved March 2, anno domlni, 1887, entitled ''An act to establish agricultural experi- ment stations in connection with the colleges, ap- proved July 2, 1862, and of the acts supplementary thereto, to the purposes of the grants authorized by said act of Congress, approved March 2, anno of the State of Wasliington is hereby given to carry domini, 1887," and assent is hereby given to carry out all and singuhir the provisions of said act of Congress; and the Governor (^f the State of Wash- ington is hereb}^ authorized and instructed to giv<' (hie notice thereof to the government of tlie Ignited States. Section 4. The treasurer of the State of WjisIi- ington is hereby authorized to receive all moneys to which the State of Washington may become en- titled under the provisions of said act of Congress, approved March 2, anno domini, 1887, and moneys so received by the said treasurer shall be applied imder the direction of the commission of technicnl instruction to the uses and purposes of the agri- cultural experiment station established in connec- tion with the De])artment of Agriculture of th(^ Washington Agricultural College and State School (if Science. Functions Defined by Both State and National Law. The statement of the legal functions and scope of the institution is not complete from the foregoing statement of the stat(^ laws, for the reason that Ihese laws are but supplementary to the laws of the United States, making provision foi- the land grant colleges and universities. An examination of the national laws relating to this system of edu- cation is therefore necessary to a knowledge of the legal status of the functions of the State College. 17 NATIONAL LAWS RELATING TO LAND GRANT COLLEGES. A series of acts extending from 1862 to 1914 reiates to these institutions. To interpret these acts properly there must be a consideration of the status of higher education and the technical use of terms :\t the time of the passage of each particular act. The Morrill Act of 1862. The most fundamental and famous of these acts was the ^lorrill Act of Congress, approved July 2, 1862. This act had been introduced by Justin S. Morrill, of Vermont, who, during the long and illustrious legislatiA^e career which fol- io w(^d its passage, continued to be a supporter and interpreter of the act. It is undeniable that the curriculum of the colleges and uniA^ersities on ])ublic or private foundation throughout the United States, up to that date, employed a literary curri- culum whose chief aim was to fit men for the "learned professions." The "Morrill" legislation Avas revolutionary in that it projDosed to provide for a system of higher education which should have in view a different purpose. What Is a College? The initial and all subsequent legislation lias had for its fundamental purpose the endow^ment and suy/port of "colleges." Losing sight of this fact has been responsible for much confusion of thought. There is much jjopular confusion of thought as to the ministry of elementary, secondary find collegiate industrial education respectively. Many y^ersoiis are unable to disconnect "industry" 18 from their oavii couceptioii of the lower form of j^hysical labor. It is not a trade school nor a farm school, nor, in fact, a "school" of any kind in the ordinary acceptance of that term, bnt a "college," which is quite a distinct and different thing-, tliat was provided for.* When the first Morrill Act was passed, xery little popular use was made in the United States of the term "university," the common term used for all institutions of higher learning being "college." "Harvard College" and "Yale College" were in nnich more common use than Harvard University oi* Yale University and meant the same thing. In ])roviding for grants to "colleges" there was no question in the mind of Congress or of the pubJic i.hat the institution of higher grade than the ele- mentary and secondary schools was meant. An elementary or secondar}^ industrial school may be a very good thing and it might be well for the state or nation to provide these, but in this legislation it did not do so, The "ci^llege" required fo]- cnti-aucc tlic pi'epnration of the elementary and secondary schools, and the curi'iculum oifered was in harmony with the higher stage of adx'aiice- ment. To all intents and purposes, the "college" and the "university" meant the same thing. Botli theoretically began at the same ]M)int, namely, upon the completion of the secondary education; both proceeded for the samc^ length of time, namely, four years, by the same method and ended at the same *The Journal of the House furthermore throws light on the intention of the legislatiire in the amendment which was adopted which provides that "where the word 'school' occurs, strike out and substitute the word 'college.' " 19 points. When the Morrill act speaks of ''colleges" it meant "institutions of learning" of a certain rank, whether that institution was called a "college" or a "university." It did not even mean a depart- ment of a university, for it was not yet customary in this country to divide up an institution into a series of departments called "colleges," and the given department to be made the beneficiary of the grant. It was the institution as a whole which was 1o meet the conditions of the gift and which was to receive and did receive and administer the gift. I'he application of the benefaction to particular purposes, wherever done, has been done by the respective governing boards. It is the institution as a whole with which the national government deals. Title to the First Morrill Act. The act is entitled: An act donating public lands to the several states and territories which may provide colleges for the benefit of agricultin'e and the mechanic arts. Section 1 is as follows: Be it enacted ])y the Senate and the House of Representatives of the United States of America, in Congress assembled: That there be granted to the several states, for the purposes hereinafter mentioned, an amount of public land, to be appor- tioned to each state a quantity equal to 30,000 acres for each senator and representative in Congress to which the states are respectively entitled by the apportionmnt under the census of 1860. Section 4 provides: That all moneys derived from the sale of lands aforesaid by the states to which the lands are apportioned, and from the sale of land scrip herein- 20 i)efore provided for, shall Ix' invested iji .stocks of the United States, or some other safe stocks, yield- ing not less than five per centum upon the par value of said stocks; and that the moneys so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in KSection 5 of this act), and the interest of which shall be inviolably appropriated by eacli state which may take and claim the benefit of this act, to the endowment, liupport and maintenance of at least one college v/here 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 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 of life. Note in the first place that the a])))r(>i)]'iati<>]i is for a "college" and not for a secondary scIkm)!. Note, second, that the "leadino- object'' of the institution should be "to teach such branches of h^arnini;- as are related to Ag-riculture nnd Mcfh.-mic Arts." Note, thirfl. that "other scientific and classical studies" were not to })e excluded. The phrase "classical studies" is not intended to mean Latin and Greek, which are often referred to as "the classics," but it is used in the broader sense in which it is used in such phrases as classical music, classical literature or classical architecture. The conception is that the "branches related to agricul- tu.i'e and the niechauic arts" w(M'e, in the colleg-es to 21 1)6 provided for, to assume a "leading" place among the subjects of higher education. Note, fourth, that military tactics were also to be included. Note, fifth, that the great purpose of the legis- lation was to promote the higher education of the industrial classes. This is in contrast with the education of the professional classes which had hitherto been the sole purpose of the college. Note, sixth, that the education of the industrial classes provided for was to be both "liberal and practical." Hitherto the aim had been "liberal education;" "practical" higher education or an}^- thing of a "utilitarian" type had been strictly avoided as injurious. "Culture" and "discipline" were the avowed aims of higher education. Note, seventh, that the education of the indus- ti'ial classes was to be "in the several pursuits and professions of life." No single class entered into the conception of the original laAv. Note, eighth, that "agriculture" and "mechanic jirts" are equal and coordinate terms, not principal, and subordinate. Each is to be interpreted in its own light, not alone in the light of the other. Both together cover the entire field of human production and of human industry. The "mechanic arts" are contrasted with the "liberal arts," the "fine arts," etc., and cover the entire field of manipulation of material substances and the la ays underlying their composition and uses. Note, ninth, that nowhere in the law does the phrase "agricultural college" occur: nowhci'c^ is 22 there even a hint that the sole object is to produce a farmer or a mechanic. See footnote 2.) To educate a man in and by means of the sub- jects related to agriculture and the mechanic arts is the aim. To educate the industrial classes by means of a college for "the several pursuits and professions of life" likewise is declared to ])e the aim. The last half dozen lines of Section 4 of tbo first Morrill acts form the Magna Charta of the system of land grant colleges and universities. To this conception every state and CA^ery institution must come if it receive the benefits of this act, and from this conception it must not depart. It would be impossible for a state receiving the benefit of this and supplementary acts to reject either the main purpose of this act or any one of the specifications theri^mdcr. Tt would be impossible Footnote 2: — Dr. George W. Atherton, former president of the Pennsylvania State College, a life-long and intimate friend of Senator Morrill, in his mono- graph, entitled, ''The Legislative Career of Justin S. Morrill," says on page 19: "Senator Morrill, the author of the bill, said: 'It never was intended to force the boys of farmers going into these institutions so to study that they should all come out farmers. It was merely intended to give them an opportunity to do so, and to do so with advantage if they saw fit. 'Obviously, not manual, but intellectual instruction was the paramount object. It was not provided that agricultural labor in the field should be practically taught any more than the mechanical trade of a carpenter or blacksmith should be practically taught. Secondly, it was a liberal edu- cation that was proposed. Classical studies were not to be excluded, and therefore must be included. The act of 1862 proposed a system of broad education by colleges, not limited to a superficial and dwarfed training such as might bfe had in an industrial school, nor a mere manual training as might be supplied by a foreman of a workshop or by a foreman of an experimental farm. If any would have only a school with equal scraps of labor and instruction, or something other than a college, they would not obey the national law.' " 23 for it to take and use these funds for an}'' other kind of institution than a college, except as the work of the land g]"ant college has been modified by United States law. It is not a question of what kind of school would be the most useful ; it is a question of accepting the gifts for the pur])oses indicated by the benefactor and carrying out the trust in good faith. And that requires that no part of the indus- trial classes and no kind of industrial higher educa- lion be overlooked. Transportation, Commerce, Manufactm*e, Domestic Life, Mining and every other grand division of industrial pursuit is in- chided. The Hatch Act. The older (conceptions of the functions of a college were radically modified in the case of the land grant colleges and universities in 1887 by the enactment of the Hatch Act. It was entitled: "An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an ad approved July 2, 1862, and the acts supplementary thereto." Section 1 provides: Be it enacted by the Senate and House of Eepre- sentatives of the United States of America, in Congress assembled. That in order to aid in acnuir- ing and diffusing amoug the people of the United States useful and practical information on sul)jects connected with agriculture, and to promote scien- tific investigation and experiment respecting the ]>rinciples and applications of agricultural science, there shall be established under the direction of the college or colleges or ngricultural de]~>nrtment of 24 (H)lleg'es in each state or territory established, or ^vhich may hereafter be esta])lished, in accordance with the provisions of an act approved July 2, 1862, entitled, etc. * * * a department to be known and designated as "an agricnltnral ex]ie]'i- raent station" * * * It is to be observed tlint the experiment stations are established * 'under the direction of the college or colleges or agricultural department of colleges in each state and territory estal)lished " ^ " in accordance with the provisions of an act approved Jnly 2, bS62, entitled 'An act donating public lands to the several states and territories which may provide colleges for the benefit of agri- culture and the mechanic arts.' " Again the use of the term "college" shows plainly that the term is used to desc]'il)e the institution, the organic entity w^hich in each state is the beneficiary, and not merely a subordinate part thereof. The Second Morrill Act. While there w^as little ([uestion as to the broad scope of the purpose of the first Morrill Act, the proceeds of the land grant had been so small in comparison wdth the greatness of the purpose, that Congress was constrained in 1890, under the guid- Muce of the venerable Senator Mori'ill, to make an annual money provision foi- such ])ranches of the 1m nd grant college system as might not other-wise be adequately provided for. The mandatory provision of this act also throws added light on the scope of the originnl conception. The act w^as a])proved August 30, 1890. Tt is entitled: An act to apply a portion of the proceeds of the ]iublic lands to a moi^o complete endowment and 25 support of the college for tlie benefit of agriculture i:\nd the mechanic arts, established under the pro- visions of an act of Congress approved July 2, 1862. The particular money thus appropriated is ''to be applied to instruction in agriculture, the mechanic arts, the English language and tlie various branches of mathematical, physical, natural and economic science, with special reference to their applications in the industries of life and the facilities for such instruction." Again we have the broad phrase "the industries of life." Again we have the twin phrases, "Agri- culture" and the "Mechanic Arts," covering the entire field of industrial production. Again the 1)readth of the college curriculum is indicated in unmistakable terms. "The English language and the various branches of mathematical, physical, natural and economic science," though not men- tioned, were all implied in the act of 1862. In the second Morrill act, in order that they may not be Hampered by inadequate funds, an annual appropri- ation is made. The "physical and natural" sciences include chemistry, physics, botany, zoology, geology and the more minute subdivisions and applications of these. Economic science, which must have been a corollary to the act of 1862, is here made mandatory and provided for. More important still is the fact that the act of 1890 shows clearly and definitely the l>readth of view and the conception of the organic n ct. The Nelson Amendment, The "Nelson amendment" to the act of 1862 rthe first Morrill act) and the act of 1890 (the second 26 jMorrill act) was approved June 30, 19()(). It pro- vided an additional annual appropriation to that of 1890 for the same purpose, totalling, when complete, $50,000 annually, for instruction and the facilities for instruction for the subjects mentioned in that act. A special proviso was added authorizing the use of a portion of this money ''for the special preparation of instructors for teaching the elements of Agriculture and the Mechanic Arts." The Adams Act. An act approved March IG, 19()(), v-ntitled "An act to provide for an increased annual appi'oj»ri;i- tion for agricultural experiment stations and regu- lating the expenditure thereof," makes provision ror research work in this field, thereby extending the functions of the experiment station established under the Hatch act of 1887. The Smith-Lever Act. This law was approved May 8, 1914. The title and first two sections of the bill are ns follows, in ] )art : An act to provide for cocjperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of Congress approved July 2, 1862, and of acts sup- plementary thereto, and the United States Depart- ment of Agriculture. Be it enacted l)y the Senate and House of Representatives of the United States of America in Congress assembled. That in order to aid in diffusing among the ]>eo])le of the United States useful and practical information on subjects relat- ing to agriculture and home economics, and t«> encourage the application of tlie same, thci-c^ m.-iy 27 l-e iiiaugurated in connection with tlie college or colleges in each state now receiving, or which may hereafter receive, the henefits of the acts of Con- gress, appi'ovcd July 2, 18()2, entitled, etc. * * * agricultural extension work which shall be carried on in cooperation with the United States Depart- ment of Agriculture, etc. * * * Section 2. That cooperative agricultural ex- tension work shall consist of the giving of instruc- tion and practical Demonstrations in agriculture and home economics to persons not attending or resident in said colleges in the several communities, and imparting to such persons information on said 'subjects through field demonstrations, publications and otherwise, etc. * * * Thus by the ];)assage of the Smith-I.eA'er act, a t^'.econd important modification was added to the criginal conception of the original act providing for a system of land grant colleges. This was the pr(/- vision for the extension of instruction in agriculture and home economics beyond the college to the people. Three-Fold Function. The institution has thus come to have a thrcc^- lold function. First, the central college, providing for colleg- iate instruction in the several industrial pursuits and the subjects related thereto. Second, experimentation, research in agricul- ture and the dissemination to the people of the i-('sults thereof. Third, the extension of instruction in agricul- ture and home economics to the people. In each aud every case the state was required and did accept the provision of the national legis- lation and undertook both as a moral and legal obligation the proper and adequate support of an institution of the kind and character designed by the national legislation witli such additions thereto as the state may desire to make. Schedule of Functions Provided by Law. The functions then jji'escribed by the laws of the United States and the State of AVashington for the State College may be scheduled as follows: Functions Prescribed by the United States. By the act of 1862: Branches of learning i-chiting to Agriculture. Branches of learuiug relating to the Mechanic Arts. Other classical and scientific subjects not to Ih^ cxchided. Military tactics to ])e included The purpose being "to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life. By the act of 1890: Instruction in Agriculture. Instruction in the Mechanic Arts. Instruction in the English Language. Instruction in the various branches of Mathe- matical Science. Instruction in the x'arious branches of Physical Science. Instruction in the various branches of Natural Science. Instruction in Iho various l)ranches of Eco- nomic Science. 29 By the Nelson ameudmeut of 19()(): Tlie same branehos and the special preparation of instructors for teaching the elements of Agricul- ture and the Mechanic Arts. By the acts of 1887 and 190(): h]xperimentation and Research in Agriculture. Diffusion of useful and practical information on sul>jects connected witli Agi'icnltnre. By the Smith-Lever act of 1914: Extension instruction and demonstratiori ni Agricultiu'e and Home Economics. The State Contract. The state is under contractual obligation with tlie [^nited States to provide for education of the kind, character and purpose outlined above. It is uot at liberty to abridge or deny a college curriculum in which college education along these lines and for the ])urpose indicated, is ])rovided for." Functions Prescribed by the State of Washington by the Acts of 1890 and 1891 Establishing the Agricultural College and School of Science (The State College of Washington) and Sup- plementary Acts: Agriculture. The ^Mechanic Arts. All branches of learning related to Agriculture and other industrial pursuits. English Language. Mathematics. Philosophy. Civil Engineering. Mechanical Engineering. *Sce Session Laws 1889-90, page 429; Session Laws 1891, act approved March 9; Session Laws 1907. chapter 198; Session Laws 1915, chapter 125. 30 Cliemistiy. Animal and Vegetable Anatomy. Animal and Vegetable Physiology. Veterinar}' Art. Entomology, (ieology. Political Economy. Rural Economy. Household Economy. Horticulture. Moral Philosophy. History. Mechanics. Such other subjects as shall be prescribed by the regents of this institution. Functions Prescribed. By the acts of 1890 continued l)v the net of 1S91 and subsequent acts: To further the application of the principles of physical science to industrial pursuits. To train teachers of physical science and tliere- l)y further the application of ]^hysical science to industrial pursuits. To collect information as to schemes of techni- cal instruction in the ITnited States and for- eign countries. To hold farmers' institutes. To report such information and data collected as may be of \7due in the determination of questions connected with technical instruc- tion. To maintnin an elementary department which shall include instructions in: Elementary mathematics, including elementary trigonometry, elementary mechanics, elemen- tary drawing, mechanical di'awing and land surveying. 31 To maintain a Department of Agriculture, which shall include the following special pro- visions: Physics, with special application to the prin- ciples of agriculture. Chemistry, with special application to the prin- ciples of agriculture. Morphology and physiology of plants, with special reference to the commonly grown crops and their fungus enemies. Morphology and physiology of the lower forms of animal life, with special reference to insect pests. Morphology and i)hysiology of the higher forms of animal life and in particular the horse, cow, sheep and swine. Agriculture, with special reference to the breed- ing and feeding of livestock and the hest mode of cultivation of farm produce. Mining and metallurgy. The above is the long catalogue of subjects pre- scribed by law. To these, of course, must ])e added those branches of instruction which are pedagogi- cally necessary to round out and complete the col- lege education which are amply provided for in the ])rovision *'and such other sciences and courses of instruction as may be prescribed by the regents of this institution of learning." The strict construc- tion of this phrase is undoubtedly correct. The Broad Purpose of Land Grant Colleges. But far more important than this prescribed list of departments and subjects, or than an^^'list, is the broad purpose made apparent in the original Morrill act and in every subserpient national act and 32 in the organic act of the state in establishing the agricultural college and school of science. Such phrases as: ''The Industrial Classes." "The Several Pursuits and Professions of Life." "Liberal and Practical Education." "Application of Technical Instruction to Indus- trial Pursuits." "The Commission of Technical Instrnction." are significant and the schedule of branches can only be interpreted in the light of these. Of equal importance is the fact that up to the revolutionary Morrill act all colleges aimed at the education of the professional classes, not the industrial classes. Of the industrial occupations the hardest to reach l)y college education adapted to that occupation was agriculture. In the struggle to reach this class, experimentation, research and extension have been resorted to and a national department of agricul- ture has been evolved from a department bureau. A triumph in education and national regeneration has been achieved thereby. It would be a criminal perversion of the law if in this accomplishment the remainder of the industrial classes should Ix' deprived of this great benefaction. The forecast of our state constitution of the achent of technical education into our public educa- tion; the long discussion through the first two ses- sions of our state legislature resulting in the erec- tion of an institution with the broadest possiljle provision for technical and scientific education; the absence of any ])i'<)vision at the time of such education in any other institution of the state; the 33 absence of any hint in tlie law of any intention to provide for it elscAvhere, and the plain provision at the same time for a nniversit,v witli distinct and dfferent fnnctions from tliese, make it clear that at the entrance upon stateliood, there was no doubt or uncertainty in the matter of segregaticni of the woi'k of liio'hor education in the state. THE UNIVERSITY. Functions of the University as Provided by the Act of 1863. An Act Approved January 23, 1863: Section 9. The Univei'sity shall consist of at least four (h'])artnients: 1. A de])artraent of litera ture, science and arts. 2. A department of law. 3. A department of medicine. 4. A military de- partment. These departments may be organized and such others added as the regents may deem uecessarv and the state universitv fund shall allow, (Cited from Hill's Code, Vol. 1, Sec. 942, page 343.) The strict construction of the final clause, just as in the case of the State College, is applicable here also. "Such other subjects as the regents shall deem necessary, etc.," means other subjects in har- mony with the functions as set forth in the law The same construction should be applied in all sub sequent uses of this phrase. The Act of 1890. On March 27, bS9(), an act was approved (Mititled: 34 An act ill relation to tlie establishment and government of the I^niversity of the State of Wash- ington. Section 1. There shall be estal)lishe(l in this state, at or near the city of Seattle, in the connty of King, on gronnds secured for that pnr])08e, or that may be secured ])ni'snant to subsequent acts of the legislatin*e of the State of Washington, an institu- tion of learning under the name and style oF the University of Washington. Section 2. The object of the IJniv(^]*sity of Washington shall be to provide the ])est and most efficient means of imparting to the young men ;Mid women on eqnal terms a liberal education and thor- ough knowledge of the different branches of litera- ture, the arts and sciences with their varied appli- cations. The Act of 1893. In the legislature of 1898, House Bill 170, intro- duced by Representative Edward ]\reany, of Seattle, r^nd approved iNTarch 14, of that year (Page 552, Journal of House, 1898), was entitled: An act providing for the location, construction and maintenance of the Univei'sity of Washington, and making an appro])riation therefor, and declai*- ing an emergency. It would appear from the title and from the act itself that the purpose was to ])rovide for the loca- tion of the buildings cm the new grounds, their con- struction and the maintenance of the university. Nothing in the title indicates a jMirpose to modify the functions of the institution. Section (>, nevertludess, tni'us t(t this subject. It is, in part, as follows: 35 Section 6. The aim and purpose of the Uni- \ersity of Washington shall be to provide for students of hoth sexes, on equal terms, a liberal instruction in the different branches of literature, science, art, law, medicine, mechanics, industrial training, military science and such other depart- ments of instruction as may be established therein from time to time bv the board of regents. * * * (Session T^aws, 1893, Sec. 6, page 296.) Here is the first hint of any modification of the purposes of the University in the direction of tech- nical instruction. There was not at this time, as far as shown by the last preceding catalogue of the University, any mechanical or industrial training in the curriculum in the University. The entire range of technological subjects were already in operation Tit the State College of Washington. Section 6 is not within the title of the act. Article 2, Section 19, of the constitution, provides that ''no bill shall embrace more than one subject, and that shall be expressed in the title." For the four years that this paragraph stood on the statute books of the state it was, therefore, not good law. The Act of 1897. In 1897, the educational laws of the state were codified under the title of "The Code of Public Instruction." Title TV., Chapter 1, re-enacted the law establishing and governing the University. The functions, as set forth in the code of 1897, are as follows : (Session Laws of 1897, Page 427.) Section 182. The State University, as hereto- fore located and estaT)lished in the city of Seattle, 36 county of King, shall \)e designated and iiciiiied the University of Washington. Section 183. The aim and the puipose ol' tlie University of Washington shall be to provide for students of l)oth sexes, on '^qual terms, a lihci-nl instruction in the different lu'anches of literature, science, art, law, medicine, military science and sucli other de])artmei)ts of instruction as may he established therein from time to time by the board of regents. Tt is to be noted that ''mechanics" and ''indns- li'ial training" are omitted from this act and that the purposes of the institution as set forth in the act of 1863 and again in 1890, and as exem])lified by th(! work actually given by the institution was pre- served. The inter|»olatiou of "mechanics" and "indus- trial training" into the act of 1893 relating to "l(»ca- tion, construction and maintenance of the institn- tion" was not approved by the legislature and ^^'as advisedly discarded in the general revision oi' iUv Code of Public Instruction in 1897. The duni-nal of the House for 1897 shows that the words "inech:{n- ics and industi'ial training" were stricken ont by vote of the House. (See "Journal" of Honse, 1897,. Page 661.) The schedule of studies of the I^niversity, pnl)- lished at the beginning of the academic yeai* 189()- 1897, does not show a single technical or industrial subject provided for. The Act of 1909 -the Law as it Now Stands. The Code of Pnblic Instrnction was again con- sidered for two yeai's, 1907-1909, by a connnission I'egularly appointed for tliis pni-pose, and the rcNiscd 37 code was considered and adopted by the legislature of 1909, The fiinetions of the ITniversitY as then defined and as now existing, art; as follows: (Rennngt(»n i\: Ballinger, Chapter 11, 4317.) "The aim and the i)ur|)()se of the University or Washington shall be to pi'(»\ ide foi- students of botb sexes, on equal terms, a liberal instruction in the different branches of literature, science, art, law, medicine, military science and such other de])art- nients of instruction as may be established thei'ein from time to time l)y the board of regents." Conclusion. It would, therefore, a])i)ear indisputa])le that so far as the state legislature is able to determine, tlie matter of the segregation of the functions of the two higher educational institutions of the state b.as already been done, and that a uniform and consistent policy has been maintained for twenty- five years. No candid pei'son can for a moment doubt the facts in the case. If the existing body of law is not sufficient, then no law could be sufficient for the purpose of segregation. The fact is, that civil, mechanical, electrical and mining engineering, forestry, domestic economy and kindred technical and industrial subjects have from time to time been introduced into the curricubun of the University M'ithout warrant of law and against a plainly declared policy of the state. That policy, declared upon oui' entrance to statehood and reiterated time and again by the legislature, divided the field of higher education into two parts. To the University it assigned tlie field of lit)eral arts and professional schools. To the State College it assigned the entire field of technical and industrial hiuher education. mm OF cMAFomoM AT LOB ANGELES LIBRARY UC SOUTHERN REGIONAL LIBRARY FACILITY AA 001 182 772 2 This book is DUE on the last date stamped below