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 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.
 
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