K Ufiivefsity of Texas. mfummuL^iuminm wii LIBRARY UNIVE.iSnV Of CALIFORNIA SAN DIEGO L.X> S'552> HISTORY UNIVERSITY OFTRXAS BASED ON FACTS AXD RECORDS. FIRST EDITIO^\ BY J. J. LANE AUSTIN: HENRY HCTCHINGS STATE PRINTER. 1891. Entorpri aooordiTi]Er to Act of Congress in the year eighteen hundred and ninety-ono BY J. J. LANE, In tlie office of the Librarian of Congress at Washington. DEDICATION. In considekation of thi:ik substantial gifts to the university of texas. this volume is k15spectfully dedicated to its first donors, and to all friends of university education. PREFACE. As no regular history of "Tlie University of Texas" has been published, so that little is known outside the State as to the inception and progress of the institution, pains have been taken in this work to elaborately pre- sent the facts as to its origin, the social and political tendencies aflecting its establishment, the great diffi- culties it has had to encounter, and its peculiar status, as the apex of public instruction, needing to be better harmonized with the State's educational system. Nothing can do more to reconcile and 'adjust local differences to the general good and remove prejudices which so strangely exist against university education, or more especially its promotion by State aid, than the publication of the history of the higher establishments of learning in the different States ; and one object in the publication of this volume is to contribute to that important end, in the hope it may work some advan- tage to the Texas University. With this view the writer has used without special reserve every important state- ment he could bring to bear upon the subject which was calculated to enlighten public opinion and effect favor- able action. It is only in this way, and by constant presentation, that the public mind can be impressed so as to reach needed reforms in State management of the most complex, perhaps, of all public institutions — State Universities. In many of the more important instances usual his- toric methods have been varied by letting those who have figured most prominently in the rather remark- able record presented speak out somewhat freely in the glow of their own language, rather than recast to con- dense their utterances, where their fullness served for finer tracery to make the outlines more attractive as vi PREFACE. well as authoritative. At the same time the writer's ambition has been, not so much for display as to repro- duce facts and group them together for easier reference by the public, in order to direct more liberal attention to the question of higher education in Texas, and espe- cially to promote the welfare and success of the Uni- versity as a State institution. If this is accomplished he will feel that he has rendered important service to the State as well as to the Universitv. J. J. L. Austin, Texas, March 17. 1H91. CONTENTS. Illustrations— University of Texas Front piece Agricultural and Mechanical College Page 144. Medical College at Galveston Page 160. Sealy Hospital at Galveston Page 173. Chai'ter I— Origin op the Univkksity. Page Early Interest in Education 1 Selection of "College Hill" 3 President Xamar's Foresight 3 An Abnormal Branch 6 Views of Leading Men 12 Necessity for the* University 20 Message of Governor Roberts 21 Judge Terrell's Argument ^ 22 Bonds of -Doubtful Validity'" * 24 Laying tlie Corner Stoue 26 The University in Politics 30 Difficulties Encountered ■'il War with University Branches o5 The State Grange and the University •'»6 Rights of Colored Students 57 Question of Removal of the College 59 The University and the State 65 "Whose University?". 70 'The All Around Outcome" i'2 Retrospect and Prospective 74 CnAP'i'ER II— The Universitt's Resources. The University Endowment 75 Texas University Lands 78 The Grants of 1 ,000,000 Acres Each 81 The State's Laud Management 82 Old 'Jndebtednrss to the University 85 Action of the Twentieth Legislature 87 The University's Finances 92 The Comptroller's Statements 100 University Fund Account 102 Summary of University Land Sales 104 Further Action of the Legislature 108 Question of Confederate Money 130 The University's Claims 130 Land Commissioner's Statement 133 Action of the University Regents 135 Organic Law Affecting the University 137 viii CONTENTS. The -A. and >!, CDllege" Branch 139 The Prairie View INormal School 143 Inventory of A. and M. College Property 145 Branch for Colored Students 150 The Academic Departuent 151 The Law Department 156 The Medical Department 156 Medical Department Buildings 159 The Federal College Land Grant 173 Education of Colored Children 177 Chaptek III — Establishing the University. "Colleges or Universities" 179 The University and the Free Schools 181 University Act of 1858 190 Efforts for "Two Universities" 193 Recommendations of the Teachers' Association 195 Action of the Seventeenth Legislature 197 University Act of 1881 204 Action of the Legislature of 1882 208 Right to State Appropriations 227 Status as to the Free School Fund 245 First Steps Towards a University 247 Locating the Institution 249 Administrators and Regents 2~>0 The Financial Outlook 253 The Main Building 254 Inaugural Exercises at Austin 258 Brief Sketch of the L'niversity 265 First University Faculty 268 • 'Big Boost for the University" 270 Correlation with the Public Schools 272 Methods of Instruction 272 Co-education in the University 273 Annual Attendance of Students 274 University Faculties and Officers 275 University Summer Normal 283 The Brackenridge Donations 284 Appeal from the College and University 286 fssue as to Regents' Term of (Jffi. e 287 Chapter IV— Conclusions. University Addresses 289 Posthumous Philanthrop3' 313 Millions in Educational Bequests 316 Death of Hon. Ashbel Smith 317 Bibliography of the University 322 ERRATA. Read "seems not,'' in line 4 52 Read "the University's," after ''its," line 2 71 G 2: < ,i<£,,j''ii'|lll':iiii'fc|ll'Hllll'J,|.,'n ■I'l^fr'^-I «EP%^ ^***^'-^s5s«*i._^. iiiiiiiiiiiiiliiiiiiiiiiiiliiiiliiii THE UNIVERSITY OF TEXAS. CHAPTER I. ORIGIN OF THE UNIVERSITY. Before noticing the final organization and opera- tions of the University, a review of its history will be not only interesting, but important to a proper appre- ciation of such difficulties as the University of Texas, in common with other State universities, and espe- cially on account of State supervision, has had to en- counter. To this end, extracts from the law, the rul- ings of State officials, and the expressions of public speakers, together with criticisms of the press, will be given, with such comments as may suggest themselves to the writer, by reason of familiarity with the Univer- sity's history and access to early records. So far as relates to the substantial history of its or- ganization, and, on account of the comparative infancy of the institution rendering it practicable, it is aimed to make the account as complete as necessary for all reference to the main facts, as well as a sufficient guide to those who may desire to search for more minute in- formation. Nor will truth be spared, as is often done, on account of local influences, because not always agreeable, as that would be travesty, and the object is to bring out the fullest developments in the interest of history, and especially the unwritten history of the University. With this view the writer has not hesi» tated to use pretty freely, with proper credit, such mat- ter as he has found already prepared, where it particu- larly suited for the purpose. EARLY INTEREST IN EDUCATION. As an evidence of the great concern early mani- fested in the cause of education in Texas, precedent to t THE UNIVERSITY OF TEXAS. the establishment of the University as a State institu* tion and consequent part of a general system of education, it was provided as far back as March, 1827, in the " Constitution of the State of Coahuila and Texas," that " In all the towns of the State a suitable number of primary schools shall be established, wherein shall be taught reading, writing and arithmetic, the catechism of the Christian religion, a brief and simple explanation of the constitution of the State, and that of the Republic (of Mexico), the rights and duties of man in society, and whatever else may conduce to the better education of youth ;" that ''The seminaries most required for affording the public the means of in- struction in the sciences and arts useful to the State, and wherein the constitution shall be fully explained, shall be established in suitable places, and in propor- tion as circumstances go on permitting;" and that "The method of teaching shall be uniform throughout the State, and with this view also, to facilitate the same, congress shall form a general plan of education and regulate, by means of statutes and laws, all that per- tains to this most important subject." (Arts. 215, 2516 and 217, Title VI of the Constitution.) The constitution of the republic, adopted March 16, 1836, at Washington, Texas, made it the "duty of the congress of Texas to provide by law a general sys^ tem of education as soon as circumstances permitted." Then came the act of the congress of Texas of January 14, 1839, providing for the selection of a site for a University, and an act of January 26, at the same ses- sion, requiring the president of the republic to have surveyed from the vacant domain of the republic, fifty leagues of land as an appropriation for the purpose of university education. Then followed provisions by the State of Texas itself for establishing "The University of Texas." And thus in the language of the University Regents: " The idea of a university for the promotion of the arts and sciences was no afterthought to those who founded the State of Texas. The idea of a university was part of the very organized foundation of the State itself, incorporated from the first into its very life, and vitalizing its best hopes for the future ;, THE UNIVERSITY OF TEXAS. 3 SO that holding fast to the University, with the same tenacity as to the common schools, is but carrying out the policy conceived with the very birth of the State." SELECTION OF "COLLEGE HILL." The congress of Texas passed an act, which was approved January 14, 1839, providing for the election of five commissioners to select a site for the location of the seat of government to be named the city of Austin, and for an agent to have said site purchased or con- demned for the use of the State, and to have it laid off into lots and sold ; and further, before the sale, " to set apart a sufficient number of the most eligible for a cap- itol, arsenal, magazine, university, academy, churches, common schools, hospital, penitentiary, and for all other necessary public buildings and purposes." (Acts first session, Third congress.) The beautiful eminence which was selected for the University was at the time covered with a grove of magnificent live oaks and re- mained unoccupied for forty years, all of which time it was known as " College Hill." It was not till the last war that it was despoiled of most of its grand forest growth by an army engineer who had several hundred of the trees cut away as obstructions in his plan of de- fense of the city. PRESIDENT LAMAR's FORESIGHT. As early as 1836 it was provided in the constitu- tion that " It shall be the duty of congress, as soon as circumstances Avill permit, to provide by law a general system of public education ; " and in 1839 President Lamar, in his address to the congress of Texas, speak- ing of education, said : " It is a subject in which every citizen, and especially every parent, feels a deep and lively concern. It is one in which no jarring interest is involved, and no acrimonious feelings are excited, for its benefits are so universal that all parties can cor- dially unite in advancing it. " He advocated and urged that congress provide by appropriation from the im- mense public domain for both elementary and higher education. His views met with a ready response in 4 THE UNIVERSITY OP TEXAS. congress, and early in 1839 the act was passed making an agrarian endowment for public education on which is based the State's provision for elementary and uni- versity or higher education. (Act of Texas congress, January 26, 1839.) The prescience of Lamar's conviction was expressed in his argument that landed provision for so import- ant a matter as public education should be made while the domain was ample for such purpose before the set- tlement of the country rendered it impracticable ; and it was to the wise and patriotic foresight of the "Fathers of the Republic " that the people of Texas are now in- debted for the grandest school patrimony perhaps in the world, say thirty million acres of free school do- main, worth at least sixty million dollars, besides over two million acres of University lands. Somewhat similar to Lamar's plea was that of President Gambetta, when, many years after in the French chambers, in arguing in favor of public educa- tion — and a fortiori, it would seem the higher such edu- cation the better, he said: "We place the interest of public instruction above all personal quarrels, and it pleases me to see that in the midst of the inevitable antagonisms of public life all good citizens are united on this point. Of all the efforts of thinkers, writers and statesmen, there is only one which is really effica- cious, profound and productive, viz., the diffusion of education — that social capital, the best of all capitals, which gives every man who comes into the world the means of gaining all other capitals, and thus of secur- ing a position without force, without violence, without civil war. " Conclusive as such arguments appear it is never- theless strange that strong opposition to higher educa- tion, and especially "the university idea" for its pro- motion, seems to have been encountered in Texas as far back as in 1839, and from no less distinguished an opponent than President Houston, one of the greatest minds and foremost thinkers of the whole country, who is said to have combatted the proposition to establish a TJniversity as "a project for favoring the rich at the THE UNIVERSITY OF TEXAS. 5 expense of the poor ;" * and that all along the line since for half a century, such opposition has been indirectly voiced against the University, not on account of a laudable enough and natural preference of the masses for the common schools as being nearest home to their necessities, but on account of a blind prejudice in their favor 05 against a University, as something hostile, in- stead of being adjunct to a perfect system of public edu- cation, or beautiful capstone to the political structure oi a well-rounded system of public instruction from the broad base of the common schools to the apex of university finish. The dominance of such sentiments in public affairs as are credited to Houston and his masterly influence doubtless retarded the organization of the University for a long period. Even great men little imagine sometimes the effect of their examples, and how far their utterances may " go sounding down the corridors of time." Not only has the University of Texas had to con- tend all along with popular prejudice against the '* university idea " of higher education, but it had to contest such recurring influences in legislation and the State departments. Like such institutions in other States it has been the victim of capricious enactments, its necessities being too often disregarded, and in some instances its funds being imperiously diverted by the legislature and not always restored. While at times it has been munificently treated by the State, at others * The writer can find no published declaration of Gen. Houston to this effect, but has authority for it coiuing down from those who profess to have been familiar with his views on the subject. Si ill. it is not given as absolutely historical. If Gen. Houston was really op- pof^ed to the es-tablishment of a State University, it was poi-sibly not so much on account of objection to university education per se,&» a sys- tem for State adoption, as an idea that Texas was not then prepared for such an advance in educational method*. Or it may be he was op- posed to establishii.g a Univeri^ity on the same ground, advanced in the time of Jefferson to Governor Nicholas of Virginia by the president of William and Mary College, who declared that he prrsamed the object of aid from Virjiinia. that is from the "literary fund. " was to "inform tho;e who must otherwise ri-main ignorant in the humbler but more important pats o' knowl^-dge than to tnake a comparatively few pro- ficient in the sublimer parts of know edere. " Gen. Houstn's views as to a University, so far as published and given in his message while subsequently governor of the State, are cited in another part of this volume under the caption of "The Uni- versity in Politics. " « THE UNIVERSITY OF TEXAS. the State through its legislature has even denied any indebtedness to it for moneys absolutely taken for pub- lic exigencies from the University fund. Such, with other reasons, which will be referred to further along as they present themselves in the history of the institu- tion, were great difficulties with which the University has had to contend. AN ABNORMAL BRANCH. The organization, years before the University got into operation, of the Agricultural and Mechanical College at Bryan, a rather abnormal because antagon- istic branch of the University, on account of its being under a separate board of management, and its heavy drafts upon the University's fund, in face of the Uni- versity's needs for the main establishment at Austin, made the distribution of the fund by the legislature a source of contention between the University and the College, the latter generally winning as the favorite of the farmers on account of that element's preponderat- ing influence in legislation. The College was provided for under the benefits of the act of congress of July 2, 1862, to which, under the State's acceptance of the provisions of the act, it owes its origin. Under this act the State received for the College one hundred and eighty thousand acres of land scrip which was sold under authority from Governor Davis by J. P. Newcomb, secretary of state, in 1871 at 87 cents an acre. The amount realized from the scrip was $156,600, wnth which bonds were purchased to the amount of $174,000. There was due in the way of ac- cumulated and unpaid interest on these bonds Febru- ary 1, 1876, $45,280, for which payment was provided by State bonds at 6 per cent. An investment was made of $35,000, of these bonds, so that, according to report of Col. A. J. Peeler of the board of directors, the endowment of the College then stood, January 20, 1881, as follows; Seven per cent gold bonds, interest payable semi-annually, September 1 and March 1 $174,000 Six per cent gold bonds, interest payable semi-annually, January 1 and July I ". 35,000 Total principal $209,000 Annual interest . 14,280 THE UNIVERSITY OF TEXAS. 7 According to the effect of the general requirements of the act of congress this $174,000 had to remain a per- petual fund for the College, except that 10 per cent of the amount might be expended by the State for lands for sites or experimental farms, and that the annual in- terest of the fund was to be regularly applied without diminution to the purposes mentioned in the fourth section of the act, to-wit : The " support and mainte- nance of at least one college where 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 the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to pro- mote the liberal and practical education of the indus- trial classes in the several pursuits and professions of life." By act of March 9, 1875, the State authorized the use of as much of the annual interest ($14,280) as "might be needed to pay the directors, officers and professors of the College." None of it could be used for purchase or preservation of buildings. The College was opened for students October 4, 1876, and was further operated in 1877, under the effects of -^he constitution of 1876, making it a " branch of the State University," Following the provision of the general govern- ment, the State's lavish ness to the College, and largely from the University's fund, is shown by a writer in the Austin Statesman, who, after reviewing the points in- volved in the conflict of interests between the two in- stitutions, presents the following pertinent facts and conclusions: " According to the report of the managers of the Agricultural and Mechanical College in 1887, the in- come of the College for two years, from January, 1885, to January, 1887, is thus exhibited: TWO years' receipts. January to June, 1885 : From Agricultural and Mechanical College $7,937 08 June, 1885, to June, 1886 : From AsricuUnral anfl Jfef^hanical College 23,(539 21 From State of Texas, general revenue. 10 OUU 00 From State of Texas, University fund 5,000 00 8 THE UNIVERSITY OF TEXAS. June, 1886, to January. 1887 : From Agricultural and Mpchaaical College 16 479 51 From State of Texas, peneral revenue 10,000 00' From State of Texas, University fund 3,151 60 Total leceipts $76,187 50 " Balance of cash on hand, $7,037, which includes about $1,860 of the appropriation from the UniverBity fund. An annual income in round figures of nearly $40,000 for a single branch of the University. "In the above exhibit the words 'from Agricul- tural and Mechanical College, ' include, as the report explains, all money received from all sources other than the State appropriation (which appropriation is made out of the State and University fund) viz.: 'From students, professors, officers, sale of farm products, etc. ' "ihese Agricultural and Mechanical College items foot up $48,085.80 for the two years, $24,000 in round figures for each year. "The assured income of the College for the next year may thus be fairly estimated : From the United States grant $14,280 From students, professors, etc 24,000' Total $38,280 Add from United States experiment appropriation 15,000 Total $50,280 Independent of what is expected from the Twentieth legislature out of State revenue and University fund 15,000^ Grand total $65 280 "The College has, from its federal donation, a pro- ductive fund of $209,000, and has had, as part of the |298,787 below, appropriations amounting to $50,000, besides $2 1 ,000 for State students at the College, making $71 ,000 taken out of the University fund. Besides this there has been diverted from the same convenient source, $14,495 for the Prairie View colored school, which was never a branch of the University, but is claimed to be a branch of the Agricultural and Mechanical College. Thus it will be seen the College has had from various sources : THE UNIVERSITY OP TEXAS. 9 From the United States grant $209 000 From the general State revenue proper, $298,787 less $71,000. . 227,787 From the fund of the University 71,000 From the 8ame fur/d for the colored school, controlled by the Agricultural and Mechanical College 14.496 Total funds controlled by the College $522,233 ''As, however, it is claimed for the College that it has derived no benefit from the $21,000 used for fcstate students, nor from $14,496 which it controls for the colored school, still there is left the munificent balance of $4ftG,787, of which the College has been the sole beneficiary. Even to this amount should be added land and residences valued at $17,912, donated to the College by Brazos county, thus swelling the suVjsidies and wealth of the College to the princely sum of over a half million dollars. "Ihe total permanent improvements of the Col- lege, per last report of the directors, amounts to $194,- 662, embracing among the principal items : One main four story brick building $100,000 One steward's hall and adjuncts 35.000 Five professor's residences 15,000 Stable and barn 1,500 Frame work shop 4,000 Frame farm house 1,000 Brick iron working shop 5,000 Store room mess hall 2,500 Large barn 2.500 Sixteen brick cisterns, $200 each 3,200 For fences 4,000 "The equipments of the College are footed at $34,- 310, including $5,030 for tools and machinery; about $7,000 for furniture; $7,000 for chemical apparatus; about $4,000 for library ; about $6,000 for cattle and other stock; $1,600 for farm implements; $1,800 for surveying and engineering instruments. Total estimated value of permanent College prop- erty: Land, buildings and fences $194,662 Permanent equipment 34,310 Grand total $228,972 " So much for the wealth wdiich has been bestowed upon the College. Now let us see how beggarly in the comparison have been the resources of the University. True, the University has, after being deprived of over 10 THE UNIVERSITY OF TEXAS. 1,200,000 acres of its legitimate patrimony, as shown in a previous article of the Statesman, 2,000,000 acres of land left— something which sounds grand enough in figures, but which was much of it dry sand flats, and as a whole, under the impolicy of the land board, has been about as productive of revenue as if selected from the arid wastes of Sahara. In fact, comparatively little of it has been sold or leased under the arbitrary and stifling acts of the land board. "Thus it will be seen that with the exception of interest on land notes and a few thousand dollars from leases of the limited quantity of lands utilized, the in- come of the University is confined almost exclusively to the interest on the bonds, which is an amount barely enough for its running expenses and far short of what has been shown to be the income of the College. "It maybe added that the University itself has barely had means to pay for and equip its building, •even in its present partially constructed and imper- fectly equipped condition. Taking the average in round figures the University has had : First session, say $48,000; second, $48,000; third, $48,000; total, $144,000, against which the College has had nearly one-half of the University's available resources, and leaving no reserve for other branches, out of funds which should be applied for the running expenses of the University in all its departments. *'Now, " concludes the writer, ''while liberality to the College is commendable, it should be at the expense ■of the State, and not of the University, or, what is morally the same, not out of what it has given the latter, for the State can well afford, and very properly as the College deserves, to be liberal to the College without being unjust to the University. " Latterly, however, more liberal and equalizing action by the governing power has somewhat restored the equilibrium and produced a better state of affairs between the College and the University. The absurdity of the anomalous relations so long existing between them is thus forcibly expressed by the University Regents; " The college at Bryan is entitled to say that it is THE UNIVERSITY OF TEXAS. 11 the 'technical branch of the University at Austin,' but the University at Austin is not entitled to say that it has a technical branch at Bryan. In the opinion of the Regents it is time that this contradictory relation- ship should cease. It is both mischievous and absurd. It is absurd because it contravenes the plainest dictates of common sense. If the College at Bryan is a branch of the University, the University certainly has a branch at Bryan, and the Regents, as the governing body of the University, should control and regulate this branch. An independent board as the governing body of a de- pendent branch is a contradiction in terms, and there- fore an absurdity. But it is something worse than an absurdity: it is an element of mischief." "^^ Mr. Cavitt, as president of the ))oard of directors of the College, in his report to Governor Ireland, aims to meet this ol)jection of the University regents, as follows : '' The wisdom of the legislature in placing the Col- lege under a separate management is fully illustrated by the modest estimate of the regents for the support of the College in case it should be entrusted to them. It is a pure question of administration, and not of art. If the College can be more successfully operated by a board responsible directly to the legislature, and more representative of its interests, then a mere question of appropriation of funds should not be allowed to in- terfere with its success. As now, both boards can bi- ennially present their estimates to the legislature, and with a full knowledge of both wants and resources, the * The recent appointment of Governor Ross as president of the College presents the further anomaly, which has existed for some years in its liistory, of a College with a president, which is a branch of a University without a president. Governor Ross, probably on account of this anomaly, has expressed to the writer the opinion that the Uni- versiy should have a pre^iident. The matter was discussed, too, at the last meeting of the reyrents, all of whom, except Regent Todd, seemed to favor the pi'oposition, and the board resolved to ask the legislature for authority to appoint one or not, at their discretion. The Texas aad Virginia Universities are the only ones in the United States which do not have some sueh head of the institutions as a chancellor or president. Such an officer is needed for the Texas University, not so much for his literary accomplishments as for execu- tive ability to watch and manage its material interests, develop its re- sources and perfoet improvemen's. so as to ke^p the institution fully in line with other great progressive educational institutions of the country. 13 THE UNIVERSITY OF TEXAS. legislature will appropriate from the University fund such amount as this College may be justly entitled to."^ It may be said in answer to this that there is no rea- son to believe that a fully reconstructed board, with control of the entire University, including the College branch, would act prejudicially to the combined inter- erests or any interest of the University and all its branches collectively considered, according to their re- spective merits, if all were fully placed under their control. As if anticipating trouble from the legislature when the University came to be established, on account of the conflicting management of the College, Governor Roberts in his message to the Seventeenth legislature made the following recommendations: "I would re- spectfully recommend that the board of directors of the Agricultural and Mechanical branch of the Univer- sity be dispensed with, and the number of regents be enlarged so as to incorporate in the same body the di- rectors and regents. There is no use for two boards. A positive disadvantage might often result from a want of harmony between them. With a common control by the board of regents over all of the branches, and provision of ample means to support them all and build them up gradually together according to the rel- ative importance of each one, all strife for the advance- ment of one to the prejudice of the others would not be allowed to exist, and each one could have its due share of promotion according to the means at command, and as would best forward the interests of the country. " VIEWS OF LEADING MEN. Ex-Governor Roberts, now one of the law profes- sors of the University, Col. Ashbel ISmith, first presi- dent of the regents, and Hon. A. W. Terrell, among others, have been active promoters of the Lamar policy as to higher education, while Governor Ireland, a man of vigorous intellect and strong convictions, seems to have been governed by something like the Houston idea, or at least as far as he has expressed himself, by a prefer- ence for the common schools as quite sufficient for the State to provide, and probably better for the people THE UNIVERSITY OF TEXAS. 13 under his view of the situation than keeping up the expense of both the common schools and the Univer- sity. His idea more properly, perhaps, was, without really opposing the University plan, to have a more diffused system of higher education by means of "dis- trict colleges" fairly distributed as "feeders for a Uni- versity, " and have the University await the establish- ment of the colleges, before putting it into operation, and then to inaugurate it on a grand scale. State Sen- ator Pfeuffer was noted for his advocacy of something like this policy, and for his introduction of a bill ac- cordingly while a member of the legislature during Governor Ireland's administration, in which bill among other features he provided for " establishing one Uni- versity preparatory school in each congressional district in the State under control of an auxiliary professor at a salary of $1,500 per annum, to be appointed by the University board of regents, which schools shall be or- ganized as high schools in harmony with the Univer- sity course, and serve as feeders to the University. " The bill, however, did not pass in either branch of the legislature. In order that no injustice be done Governor Ireland in this connection, the following extract is given from his address at the University June com- mencement in 18^4: "A good deal has been said about an antagonism between the free schools and the University. I do not think there is any, and there should not be. The man who attempts to array the one against the other is a friend of neither. There is room for both if wisely managed. They may be likened to a shipwreck ; all are afloat with one plank between them, which may with prudence carry all ashore ; but if a struggle occurs for complete possession all will probably be lost. The common schools could live without the University, but the University cannot live without primary and collegiate education. The great question to be solved is : How and where are students to get their education to fit them for the University? There are a few high schools in Texas. The schools at Independence, Waco, Georgetown, and a few other places are turning out good scholars, who 14 THE UNIVERSITY OF TEXAS. may enter the University, but they are few. There might be created in each congressional district a school of high grade, placing them as near the poor young men and women as possible. These could be under the patronage of the University, or may be a free school system proper. This is a mere suggestion ; it is not a pet theme of mine, but I have heard of nothing better." Governor Ireland claimed that his policy of post- poning the opening was best for the University, and that he advocated it purely in that interest^ and from no spirit of hostility to the institution. Dr. Hadra, of San Antonio, while one of the Univer- sity regents, like Governor Ireland, opposed what he considered the premature opening of the University. Senator Knittel seemed to entertain about the same views as those of Senator Pfeuffer as to the College and the University. After the defeat of the Pfeuffer bill, and at the close of the session, March 31, 1885, Senator Pfeuffer, rising to a question of privilege, addressed the senate at considerable length, and in rather remarkable vein, using the following strong language in the course of his address : "1 claim the right in these last hours of this ses- sion, when it may no longer be urged that I am in debate by an insiduous move on questions for legisla- tion, to reply to the charges that, as stated, have been made in a thousand forms — misrepresentations that each day assume new phases. *' I was made chairman of the committee of educa- tion at this session of the legislature. For some years past I have been one of the directors of the A. and M. College, located at Bryan. I have felt a profound interest in the success of that institution. This legisla- ture had scarcely met when we heard words of ridicule addressed jigainst the A. and M. College, and derisive sneers at its efforts, and suggestions that it be aban- doned as an educational institution and be converted into an asylum. These enemies of the A. and M. Col- lege thought that it was inimical to the State Univer- sity at Austin. The A. and M. College had friends. There were those amongst us who believed it was an THE UNIVERSITY OF TEXAS. 1& institution that should receive the first care of the State. We may have been of opinion that the class of our youth that the A. and M. College proposed to cul- tivate was as important to the State, and would, when leaving that institution, be worth as much for her prosperity as urbane scholars versed in the languages of Greece and Rome, or proficient in the soft tongues of Spain and Italy, the brilliant language of France, or the stately manliness of the language of my fatherland. " There were some who thought that the schools where the farmer's sons were taught the nature of soils, the chemistry of crops, were as important as the schools in which metaphysical jargon is heard in wrangling from morning to night. There were some who thought that sound instruction in the history of domestic animals, a knowledge in the capacities of their different breeds, their adaptability to our climate, their diseases and remedies and best modes of rearing, their anatomical structure, and everything necessary for their successful management, was as useful as the pleasing science of entomology that may expand itself in volumes on the anatomy of the carrion beetle, or tremendous discussions unfolding the purpose the house fly or the swamp gallinipper serve as assistants in hygiene in our kitchens and around our poisonous lagoons. " There were some of us who had these thoughts relating to the relative utility of the two classes of what is termed higher education — the one looking to grain producers on our farms and ranches, the other as supplying material from which the bench and the bar, the pulpit, the medical corps, are recruited, and from which, also, come the vast herd of idlers that is too highly cultivated to work in manual labor, and too worthless to follow out any line for which their education may fit them to be useful as members of society. " We think we may be pardoned for holding in importance the science which teaches our youth to look to the earth and inspect its soils, and discern the hid- den powers of nature that, when applied, will make teeming crops and an abundant yield. We may be 16 THE UNIVERSITY OF TEXAS. pardoned if we think this science equal in dignity and equally useful with the science that would consult the stars and the planets, and endeavor to determine their occult influences — influences which, if discovered, could never be controlled. It may be discovered that spots on the sun control vegetation, and the phases of the moon regulate the tides and the weather ; but it is beyond the powers of man to regulate these awful in- fluences. Metaphysical wranglers may worry their minds over innate ideas, questions of time and space, or even the calculation of the number of angels that might dance upon a needle point. The practical knowledge of one's own self, as each man may dis- cover, and an analysis of, and knowledge as it grows with us, and a knowledge of things that are actual around us, are as worthy of thought as these questions of the schoolman. It is as important and dignified to know how to stretch and preserve the skins of cattle slaughtered with the knife, and save their meat for food, and pack it in barrels with salt, as to be able to kill the ephemeral butterfly with chloroform and pre- serve it with arsenic, packed away in a show case, with a Greek name in polysyllables pinned on its back, doing the honors of an epitaph and biography, offered as an atonement for its poor little life, that was taken for science's sake by some murderous crazy bug hunter. "There were those who thought the studies of the proper application of the pulley, the lever, the wedge and wheel and axle to aid the powers of man's feeble muscles, and the principle of machines that assist to make work easy and redeem men, women and chil- dren from a life of toil, were quite as important and dignified as the study of the mechanics of the solar system, or as the dreams of the fanciers, who imagine in their reveries that they hear the music of spheres. " Enough, however, of these comparisons In prac- tical life and practical work there are no useless, sense- less humbugs. In the pastimes of science, literature and art, there are thousands of things that the world were better had they never been, but being, if they were forgotten. Still, in contrasting much that is embraced in polite learning with the useful and practical knowl- THE UNIVERSITY OF TEXAS. 17 edge needed in every day life, let it not be understood that those, who gave dignity and importance to that which is useful to the masses, decried or tried to lower the proper dignity of higher education in literature, science and arts. While there is much of chaff in the ordinary so-called higher education, its aims, objects and effects on society in its enjoyments, its govern- ment, its strength and prosperity, are ail important. The mistake that has been made is by the zealous friends of higher education that treats of the polite branches. They have lost track of the usefulness of the branches that should be taught to the masses in agriculture and mechanics and in kindred pursuits. " Because there were those who would not ignore the necessity that the State should endow with lavish hands the institute that looked to the enlightenment of the masses in their ordinary pursuits, they were pro- nounced enemies of higher education — enemies of the great State University! Never was a more unjust charge uttered ; never was there a party more grossly represented. The importance and dignity of both classes of education were fully appreciated. It was to distribute the revenues provided for education to all these subjects, and to foster all the institutions that were to make our people more enlightened, prosperous and happy, that influenced the introduction of meas- ures in regard to the University and common school establishments that my name has been coupled with, much said to my detriment, and unjustly, as misunder- standing my sentiments and misrepresenting both my opinions and the measures proposed by me for legisla- tion. " After analyzing and defending the features of his bill, Mr. Pfeuffer added : " I have covered every point that I have advocated in the bill introduced by me. I have acted according as I have thought right, in the introduction of this bill. No man is responsible for these measures other than myself. Owing to relations of close friendship existing between me and Governor Ireland, he has been charged by those vindictive against us both, with attempting, through me, to inject these measures into 2—1. 18 THE UNIVERSITY OF TEXAS. the laws. Not one word of proof has been offered in support of this coalition, and the assertion rests on bare assumption. I can do no more than enter my solemn protest against coupling his name with these measures, because he neitlier framed them, dictated them, nor sug- gested them; and I am not advised as to how far he would have sanctioned them had they been submitted to him as legislative acts for executive sanction. I wish to bear all this burden alone. I take all the responsi- bilities. Since unjust criticism of the press has called forth these remarks, it may not be out of place to thank those gentlemen of the press who have fairly stated the principles in the bill, and who follow the advice: 'To nothing extenuate or naught set down in malice.' " As to Senator PfeufFer's assumption, his satire ap- plies to any institution of mere fanciful methods or im- perfect means of instruction, and ma}^ therefore, be and in fact is, if applicable to either, as pertinent to the College as to the University. He proceeds on the false assumption that nothing practical is taught at the University, and loses sight of the fact that what is taught there is quite as important to the great mass of the people as anything taught at the College, taking the people collectively, since all students at the College are not farmers' sons, and few who are, go there to study agriculture as a science with a view of becoming farmers, the great majority of them, indeed, aiming to be anything but farmers, while as a fact, as many such students attend the University as the College. As to the State endowing the College ever so lav- ishly, certainly the friends of the University have never objected, but would be glad to see it continued if the State would use the general revenue or some other than the University fund, so as not to drain the latter by excessive appropriations for the College. Arguments like Mr. PfeufFer's tend only to show that, to prevent such contentions as are in question, the College, which should never have been located away from the Univer- sity, should be transferred to the University home at Austin, where agricultural education can be bestowed as well as at the College at Bryan. THE UNIVERSITY OF TEXAS. 19 The views of such governing minds in this State as those which have been referred to, with others which will be cited, are interesting indices in the history ot liigher education, at least in the South. As for Governor Ireland, he was remarkable as a self-made man, known in early life as "Ox Cart John," and sometimes modestly referred to his own experience as an illustration that a university education was not a sine qua non for success. It may well be added, how- ever, that while few men succeed like Governor Ire- land, by the force of natural abilities, even he would doubtless have been still more distinguished under the higher advantages of university education. The following expressions from the "university address," delivered by Gen. D. H. Hill, of Georgia, at the Texas University commencement, June 20, 1888, are also interesting in connection with the policy and great influence of such institutions: '* I believe in State Universities. I believe that the cause of education will be better promoted by one institution of high character and scholarship than by many, very many institutions of lower grade. Long ago, one of the greatest educators the South has pro- duced, in appealing to the legislature of South Caro- lina for more generous aid to its State college, used a remarkable metaphor: 'One sun is better than a thousand stars.' Dr. Thornwell's illustration needs only to be presented to the mind to have its truth felt and acknowledged. As one sun diffuses more light than a thousand stars, so one grand university can dif- fuse more knowledge than a thousand schools of inferior grades. As the planets revolve around the sun and borrow their light and lustre from him, so these schools should derive their tone and culture from the university. So it has been with the great universi- ties of England for the past eight hundred years. During that long period the planets have not more surely reflected the light of the sun than have the sub- ordinate colleges, academies and schools of Great Britain reflected the scholarship and intellectual char- acter of Oxford and Cambridge." 20 THE UNIVERSITY OF TEXAS. NECESSITY FOR THE UNIVERSITY. As to the occasion for the establishment of the University of Texas, and the success of the institution, it may be fairly assumed that its early organization was demanded in response to keen desire and readiness in the public mind for such an enterprise, and that in- dependent of good or bad management by the State or regents, or both, its success is assured as an economic necessity in educational policy to stay the tide of Texas students and drain of Texas money, out of the State to other institutions, and to check in favor of home talent, the filling of Texas teacherships and other professions requiring educated talent, with outside ap- plicants. The people felt grated at the necessary pre- ferment, on account of superior education, of young men and women from other States to fill the higher po- sitions for teaching elocution, the fine arts, drawing, painting, music, architecture, engineering, etc., in their own schools and colleges, and the success of superiorly educated persons from other States to the detriment of their own less educated sons and daughters. Hence, parents to offset the odds against their own children sent them abroad to such institutions as would afford them the same advantages as parties possessed who came here from other States and outstripped them in the competition for home work and places of honor and profit. Hence it is that the names of Texas stu- dents of either sex have so long largely swelled the registers of the best institutions abroad, simply because such institutions have the reputation necessary to at- tract ambitious young men and women, or the children of wealthy parents who can afford to give them the benefit of the very highest educational advantages; and this will continue to be the case to a large extent till the University of Texas is brought fairly into com- petition with the great universities of the country by its innate grandeur and peership in rivalry with them. The State is full of material ripe enough for university education, and it is not "district colleges as feeders, " but the all-satisfying repasts of a grand univei^sity's ad- vantages that are wanted to materialize home talent into development at home institutions for home work and professional excellence. THE UNIVERSITY OF TEXAS. 21 MESSAGE OF GOVERNOR KOBERTS. Relative to this subject the following extracts from the message of Governor Roberts, April 6, 1882, to the Seventeenth legislature, are interesting: "The whole question about the establishment of a first-class University and its branches is: Shall Texas give her own native-born sons and daughters the facilities for fitting themselves to occupy those higher walks, so necessary in the proper direction of her future destiny, or will she leave her own sons and daughters to be kept in a lower sphere of life, and be therein directed by the learning and skill of strangers, sons and daughters of other States, who will come here and fill the places which her own sons and daughters ought to occupy, and will occupy if they are given a fair opportunity? "Every great State should rear its own men in every stature of manhood, of intelligence and of culture, according to their capabilities, upon its own soil, and thereby engender and preserve an intense homogeneousness in the character of its population, which must result in the concentrated power and ele- vated prosperity of the whole body politic in associa- tion. This full result can be attained only by promot- ing all of the grades of education, from the lowest to the highest, in harmonious co-operation adapted to the xiiversified wants of every class of people whatever may be their pursuits in life. Nor will the benefits of the University and its branches be confined to the sons of the wealthy few. By no means will that be so. Place the facilities of a higher education before the people of the State, make it a reality, make it complete and cheap by a splendid endowment, and youths all over this broad land who catch the inspiration of high native talent in our common schools, will, if necessary, struggle up through poverty and through adversity by labor and by perseverance, until they will stand in the front ranks of the most gifted and favored in the halls of learning, and afterwards will adorn every sphere of life with their brilliant accomplishments and practical usefulness. So it has been in other countries, and so it will be here. By adding two million acres of land to 22 THE UNIVERSITY OF TEXAS. the one million acres heretofore set apart for the Uni- versity, and making proper arrangements for its dispo- sition, a permanent lund might be ac( umulated that would ultimately be adequate to meet the expense of establishing and maintaining a first-class University." JUDGE Terrell's argument. "Such," said Judge Terrell in his speech in the State senate on a bill to set aside two million acres of land to endow the State University and a like amount for public free schools, * " is the message sent to us by the grand old man who sits yonder in the executive of- fice, himself a child of adverse fortune, who struggled up through poverty to a higher education." In that same speech Judge Terrell, referring to the affairs of the University at that time, cited *• as the available fund of the University (exclusive of the ap- propriation made therefrom to the Agricultural and Mechanical College and the Prairie View Normal School), $47,925,11; bonds marked as of 'doubtful validity' by a former Radical State administration, $134,472.26; interest thereon from January 1, 1867, to April, 1876, say |62;473.58; comptroller's certificates of indebtedness, $10,300; available amount from, allow- ing interest on the above bonds from April, 1876, to January, 1879, when the bonds matured, $18,209.77. "The annual interest as estimated by the comp- troller (which makes the available fund of the Univer- sity) would be only a little over $20,000. The annual increase in sales of lands will not be over $2,000 more. We have just sent to the other house a bill providing for the recognition of the debt on the bonds of 'doubt- ful validity' amounting to over $134,000, with interest for twenty years. This is the third time the senate has by a large vote sent this claim to that body for a debt which the State owes from University money used by the State, about which no honest man can doubt, and I fear the house will exhibit its characteristic feeling to- * It is a singular fact in Texas learislation that bills proposing land donations for the University were not likely to pass unless th^y mude Biuiilar provision for the free schools, so as to attract the support of the latter's special advocates, and were generally so framed lor that purpose. THE UNIVERSITY OP TEXAS. 23- wards this 'spoiled child,' as the University has been called, by still refusing to pay it. " [This was pro- phetic. The bill did not pass and the bonds were not validated by the legislature till 18^3.] " Now," continued Judge Terrell, "out of the meagre annual resources, shown by the above figures, the University buildings must be constructed, profes- sorships established, an astronomical observatory erected and telescopes procured, a chemical laboratory pro\'ided, philosophical apparatus and geological cabi- net secured, and many other things necessary to a first- class university. Even a fool can see that unless a larger endowment in money, or in land that will bring money, is obtained, this grand enterprise must perish in its very birth, and our people mubt continue every year to send their sons and daughters to other States, with over half a million of money, by actual estimate, for their university education, that they ma}^ come back Kentuckians, Virginians and Massachusetts peo- ple. To permit such a state of things to continue when we can endow without taxing the people one cent, would not only be wrong, but criminal. "The ciy that the University will be 'a rich man's school' can impose on no one. * The rich can send their sons and daughters abroad to other States, as they do now, but Texas needs both for them and her poor boys, a fountain of learning covering the whole field of knowledge, of which all may taste. But suppose it is a school for the benefit of those favored by fortune, in the name of common justice, who should object? The property holders of the State draw from their pockets every year the means by which the poor are educated. One-fourth of all the taxes of the State are paid to teachers to instruct the children of the thousands who pay no taxes, and of the common property fifty millions of acres already surveyed have been granted as a perpetual fund to endow the common * This objection is said to have been made by Gen. Darnell, who had b-^en speaker of the Seventh Corg:ress of the Republic of Texas, in 1842. and speaker of the Nineteenth legir-lature of the State, in 18GI, and by other prominent members of the convention of 1875, and senms to have had its influence as late as in the Twentieth legislature of the State. 24 THE UNIVERSITY OP TEXAS. schools forever. When those who own the land and pay the taxes have been thus liberal with the taxes which they pay every year, who dare complain if the State shall endow a university to afford the sons and daughters of the same taxpayers the means of more advanced instruction. I fail to appreciate the states- manship which panders to class prejudice, grows elo- que;it over ' common schools,' on the eve of an elec- tion, and yet hangs on the wheels of intellectual progress because all men are not rich. Nor further can I understand that statesmanship which would limit the aspirations of our bright-eyed boys and girls to such knowledge as the common schools will bestow." Bo^DS OF "doubtful validity," The history of the bonds referred to by Judge Terrell is peculiar. They were issued in lieu of |100,- €00 United States 5 per cents which the State had do- nated to the University in 1658, but were used mainly for "frontier defense," as the act authorized, during the administration of Governor Houston. They were not validated till February', 1883, when the Eighteenth legislature allowed the University $1 34,472. '^6, the amount of the bonds issued under act of November 1'.^, 186t), and $45,104.22 as interest on that amount. Thus, only |4o,l04.'i2 went to the University's avail- able fund under the law constituting interest on bonds pait of such fund, but the University had to lose f 9,472. 26 interest on the same bonds, which was merged with the principal in the $134,472.26 on ac- count of a provision in the constitution of 1876 (Art. YII, Sec. 1 1,) that "all lands and other property here- tofore granted or that may hereafter be granted to the University shall become permanent fund of the Uni- versity to be invested in bonds, leaving only the inter- est on the bonds for appropriation as available fund."* * Owing: to this same provision, private donations to the Univer- sity to endow professorships or for any purpose, were impracrieable fcr the use of the ava lable fund till the Twenty first le<.Mslarure passed acts, intrnduf'ed in the house by Re[)resentative Brown and hy Sen- at r McDonald in tl e senate, legalizing tliem within the terms of the donations so as to c;irry out the c)bjects of the donors. Both acts ap- pear almost identical in the laws of lb89. THE UNIVERSITY OP TEXAS. 25 The idea of the Republican State officials as to these bonds was that the state's transactions in them were tainted by use of their proceeds during the Re- bellion, with other funds amounting, as reported No- vember 30, 1870, by Comptroller Bledsoe, to $134,- 472.--^6, as well as "$10,300.40 for University land sales." Mr. Bledsoe at first reported these items as a ^' valid debt" of the State, but afterwards, by implica- tion from a ruling of Attorney General Alexander on a similar question, classed them on his books as " worth- less accounts," and finally dropped them from his statement of the public debt. Comptroller Darden, however, finding them on the books of the office, em- braced them in his public debt statement, and in his report asked the legislature to pass upon the question as to their validity or invalidity. The ruling referred to, of the attorney general, was by letter October 26, 1880, to Com})troller Bledsoe, that "No payments made during the Rebellion by the railroad companies to the school fund of Texas can be regarded as valid," and was based on Sec. 34, Art. XII, of the State Constitution of 1859, ratified under the reconstruction acts of congress, annulling debts in- curred in aid of the Rebellion. The facts show that Comptroller* Bledsoe erred in his ruling. The bonds were issued by the State in place of the United States bonds, by act of November 12, 1866, of the Eleventh legislature, whose acts have always been regarded as valid, except such as were in aid of the war and such as are in conflict with the constitution and laws of the United States, and such as were specially set aside and abrogated by the mili- tary authorities of the United States. The above act did not come within any of the above exceptions, and is therefore binding on the State, as finally recognized by the Eighteenth legislature, in validating the bonds. The " frontier defense," for which some of the funds were used, meant defense against the Indians and Mex- ican marauders on the Rio Grande. They were not, as Mr. Bledsoe supposed, used in aid of the Rebellion. In an alumni address, June, 1889, Mr. Hamilton thus alluded to these bonds : " In 1860 the legislature 26 THE UNIVERSITY OF TEXAS. in cold violation of the law took from the sacred fund of the University this $100,000, and gave it to the general revenue. In J 861 the legislature again drew on the University fund for $25,000, making in all, principal and interest, $134,492.26, without holding the State responsible for interest on that amount. And when the University presented her claims in 18b7, the principal and interest then due by the State on this loan amounted to $190,000, for which she was forced to accept $1^4,472; and that too, in State bonds, paya- ble twelve years after date." Governor Ross, when a member of the State senate, was largely instrumental in having these bonds re- placed as an obligation of the State to the University. LAYING THE CORNER STONE. Col. Ashhel Smith in his address at the laying of the corner stone of the University, which was done with imposing ceremonies at Austin, Nov. 17, 1882, in the presence of an assemblage of over three thousand spectators, proud of a consummation which he had most assiduously labored to accomplish, said: "We have come up together to do a great work.. We have come to lay the corner stone of the University of Texas. "The original of an University for Texas, of a home institution, dates back to the heroes of San Ja- cinto. And this University, such as the founders of Texas with a people of the present race contemplated and provided for, such an institution as the wisest and best men of today among us look to be here established cements the victory of San Jacinto and consecrates that battle as one of the few decisive battles of the world, and this Texas soil, to free institutions, to vir- tue and to power. Keen and fierce were often the po- litical antagonisms of the 'iexans of that generation but on the subject of providing a thorough home uni- versity education for the youth of Texas these stern men were as one man. "The people of the State of Texas in their consti- tution, Art. VII. Sec. 10, do ordain and command that the legislature shall, as soon as practicable, establish,^ THE UNIVERSITY OP TEXAS. 27 organize and provide for the maintenance, support and direction of a 'university of the first class' for the pro- motion of literature, and the arts and sciences, includ- ing an agricultural and meclianical department. Here are the words of the constitution ; they are clear in meaning and explicit; they are mandatory; they com- mand the legislature; they express the will of the peo- ple of Texas; they give no countenance to the conceits of individuals who presume to be wiser than the peo- ple, and to set aside their sovereign will in favor of their own plans of puVjJic education. The people of Texas in the constitution ordain the establishment of a university of the first class as solemnly as they ordain the establishment of courts of justice, of common schools and other institutions of society. There is no open question of policy; the constitution has aecided this matter. " The question has been sprung whether it is not too early to establish an university of the class in ques- tion. Why Texas has at this moment a population of nearly 2,000,000 souls — about double the population of Virginia, slaves included, at the time when Mr. Jeffer- son founded its University— three times the white pop- ulation of all Virginia at that period. " I beg your attention to a gross error, somewhat prevalent, in regard to any university that may be es- tablished in Texas. It is, that a first-class university — indeed any university — as required to be established by the constitution, will be an institution exclusively for the rich, and not for the poor. The contrary, rather, will prove to be the fact. An university with tuition free, as provided for by the constitution, will be in a special manner for the poor. " Unless an university shall be established in our State, not only is the poor boy excluded from the edu- cation which shall give him an equal start in the great race of life with the son of the rich man, but the father possessing a moderate and comfortable compe- tency is debarred from bestowing on his son an univer- sity education. Where is the demagogue that dare re- fuse this natural right to a thorough education to a poor boy — to the children of the poor? I say natural 28 THE UNIVERSITY OF TEXAS. right ; for are not the public lands, and the proceeds of the sales of these lands, the rightful property of the poor as well as of the rich ? The University of Texas is emphatically the poor boy's University. "Some persons labor under a vague impression that there is or may be an ill-defined rivalry, opposi- tion, conflict of interests and purposes, between the University and common schools. In their deep inter- est for common school education, they conceive a dis- trust, and entertain a not very clear idea of opposition toward the University. In this distrust they take refuge in the notion that it is safest to perfect first our system of common schools, and to postpone the Uni- versity. Now, so far from there being any rivalry, op- position or conflict of interest, between the University and the common schools, the exact reverse is the fact. They are indeed the best friends, each of the other, and especially is it true that the University is the great and efficient practical friend of common schools. Com- mon schools commence the supply of students for the University. They are together the complements, each of the other, of a noble system of the best education of the people. I beg to invoke authority and ex- perience that will not be gainsaid. "Mr. Jefferson was pre- eminently the apostle of the people. He has left on record his opinion that the benign influences of a higher education, an university education, such as is now given in the University of Virginia ; such as is contemplated to be given in the University of Texas, will permeate the masses, and diffuse knowledge, the blessings of the common schools, among the people. These are Mr. Jefferson's words: 'Make the University as good as possible, and the spirit of education will permeate the masses, in the end securing them (the masses) the highest possible attainments. ' "Mr. Jeff'erson wrote his own epitaph: 'Thomas Jefferson, the author of the Declaration of Indepen- dence, and founder of the University of Virginia.' This is his epitaph; written in the maturity of his years and wisdom, in view of the solemnity of the grave, with the fruitful experience of his university before THE UNIVERSITY OP TEXAS. 29 him. 'Founder of the University' is his appeal to the grateful remembrance of future ages. Let no man hereafter delude himself with the idea that he is a Jef- ferson Democrat, when he repudiates the fundamental idea of Thomas Jefferson. " Have Mr. Jefferson's lofty anticipations of the blessings to flow from the University, of which he was the founder, been fulfilled, or was he a deluded visionary? And are those among us who shake their heads in distrust of an university, or stiffen their necks in hostility to it, the wise counsellors of the people? Let us see. I appeal to the record, to the annual re- port of the University of Virginia for last year. With honorable pride, with proud satisfaction, the rector, Gen. Alex H. H. Stuart, and the board of visitors re- port to the governor of the State as follows : ' The record of the achievements of the University in ad- vancing the cause of education in Virginia, and in many of her sister States, must be gratifying to every patriot. Her work has been a grand one, and she has accomplished it nobly. Her influence is daily felt through more than one-half the Union. She has per- formed the office of the great heart of the system of Southern education, sending with strong pulsation, warm and invigorating life-blood through every part of it, down to the humblest primary school.' This is experience, this is fact. Let us then of Texas rise above idle suspicion and ignorant distrust, and gird ourselves in earnest for performing the same noble office for this grand country of the American Union, south and west of the Mississippi. * " The University of Texas will not merely educate a vastly greater number of students than would other- wise obtain a high education; but thei'e goes with it an advantage that is scarcely possible to overrate. It is a home education for the youth of our State. The youth who gets his education at home is in accord, in a sympathy, having the strength of an instinct, with the people of Texas, his heart beats in all its pulses * The influence of the University of Virginia had considerable weight in the selection of the early professors for the University of Texas. 30 THE UNIVERSITY OF TEXAS. with the heart of the great mass of his fellow citizens, with a common heart, if 1 may so speak, of the people of Texas. Further, a corps of young men leaving the University annually and settling in every section of the State, carry with them common sympathies; they unify the people of .the State, make them one homo- geneous community. They unify all the sentiments of all sections; make the citizens of various sections to un- derstand each other, to esteem each other, and all of us to feel that all our great interests are in common, one and the same, including the existence of the State, one and indivisible." THE UNIVERSITY IN POLITICS. Governor Houston in his message of January 13, 1860, said: "The $2,000,000 set apart for the school fund yet remains, but the balance of the $5,000,000 received from the sale of our Santa Fe territory to the United States is exhausted, except the amount set apart for the Universit}^ fund, amounting to $106,972.26 and the balance mentioned of $4 11, 402.60 belonging to the general fund. "The establishment of a University is in my opinion a matter alone for the future. At this time it is neither expedient nor is it good policy to provide for the sale of those lands set apart for the University fund. If at some future period it should be deemed expedient, or in keeping with a more enlarged policy, to devote our entire energies to a more general diffus- ion of knowledge than a university would afford, or even if the voice of the State should demand the es- tablishment of one, these lands will then provide the means of advancing the cause of education. When that period arrives, their value will be greatly increased. If sold now, but little will be realized from them. And before the expiration of twenty years, the time upon which over fifty thousand acres have already been sold, the lands will be worth more than three-fold the amount they would bring now, with accumulated in- terest. "So far as one hundred thousand dollars of bonds and their interest taken from the general and applied THE UNIVERSITY OP TEXAS. 31 to the university fund, by the last legislature, are con- cerned, I believe the condition of the treasury and our immediate necessities demand that the act be repealed, and the money be again placed subject to appropria- tion. We need money for the protection of our fron- tiers, and to save us from taxation more than for a fund which promises no immediate benefit. Our common school fund already provides for the education contem- plated by the constitution, and if this amount, thus un- necessarily withdrawn from the general fund, will re duce the burthens of taxation, the people will be better able in the future to bear taxation to support a uni- versity, if one should be necessary." In his message of January 21, l«6l, Governor Hous- ton says: "The executive, to support and render effic- ient the force which he had from time to time in the field, has had no money at his command, except the University fund amounting to $106,992. 2 J, which was by special act of the legislature authorized to be used for purposes of frontier defense. It was his opinion that the legislature intended that this fund should be used alone for the defense of the Indian frontier, and not for the payment of claims on account of the war upon the Rio Grande. The troubles upon the Kio Grande cost the State an amount far beyond the esti- mate of the legislature and when claims were presen- ted for supplies furnished troops, the executive did not believe the money should be drawn from the Univer- sity fund, and expressed his views in that respect to the comptroller. That fund was the sole dependence of the executive for the purchase of supplies to keep troops in the field. A considerable sum was paid, however, from the fund for debts contracted during the Rio Grande Vvar. This reduced the amount which (otherwise) might be used to delend the frontier to$76,- 937.73 which has been exhausted. * * * Finding that it was impossible to purchase any adequate amount of supplies on the credit of the State, the executive in two communications dated the 8th of November and 7th of January, suggested to the State treasurer the propriety of using for purposes of frontier defence the amount in the treasury on account of University land 32 THE UNIVERSITY OF TEXAS. sales, but the opinion of that officer, C. H. Randolph, was averse to the proposition and that fund amounting to $34,708.14 still remains in the treasury. In his message of February 5, 1861, Governor Houston says : "By the treasurer's report, received on the 2d inst., it appears that there was then in the treasury, subject to disbursement on account of State revenue $5,279.60. The legislature has already appro- priated |9, 768.62 of the fund arising from University land sales, and $17,313.30 of the fund accumulating from estates of deceased persons, for the per diem and mileage of its members, and it has only been by the use of these funds that the treasury has been spared thus far from entire bankruptcy. The amount on hand will be exhausted before the termination of the present week, when there must be a suspension of special payments altogether." Governor F. R. Lubbock, governor of Texas during the Confederate war, in his message of Decem- ber 31, l^61, vetoed ''An act making an appropriation for the mileage and per diem pay of the members and officers of the Ninth legislature," which, among other provisions, authorized for the purpose the use of funds of the University, with other funds named. The governor gives his objections to various features of the bill, and in doing so, as part of his message, says : "1 he second section provides that for the payment of the members of the legislature and the officers of both houses, the treasurer may use any funds in the treasury, belonging either to the proceeds of the sales of the University lands, the settlement of the succes- sions of deceased persons, escheated property, and the sinking fund on railroad bonds; providing, however, that when any of such bonds shall be used, the treas- urer shall replace the amount so used, with bonds of the State for like amount, and that each member shall receive his fair proportion of such funds. ******* "If this act should become a law all the present available funds in the State treasury, of every descrip- THE UNIVERSITY OP TEXAS. 33 tion, will at once pass from the vaults of the treasury into the hands of the beneficiaries under this act. "While I believe that the IState should pay to the utmost of its ability all its officers, both civil and mili- tary; yet under the present critical condition of our beloved State and Confederacy, I confess I would wit- ness, with feelings of the deepest sorrow, the last dollar drawn from the treasury, unless to furnish arms, am- munition and clothing to her gallant sons, who are now so proudly vindicating the old fame of the Texan soldier. •'The monies arising from the sales of the Univer- sity lands were intended for a wise and beneficent object, and I greatly doubt the wisdom of disposing of them for the purpose indicated in the act under con- sideration, or for any like purpose. The funds arising from the settlement of successions of deceased persons and escheated property belong in all probability, to minors and orphans, who have no legal protector or guardian to demand these sums in their names. I am further informed by the treasurer in the statement herewith submitted, that he has unofficial information that a large portion, if not all, of the last named funds will probably be shortly demanded by their rightful owners. "There is a still more grave and serious objection to the proposed appropriation of the sinking fund on railroad bonds. (Objection is stated at length.) "At a time when every energy of the State should be husbanded for defense, we should carefully guard against draining the treasury, to meet the ordinary ex- penses of legislation, of special funds, protected by constitutional provisions, or held in trust subject to the use of others. The time may speedily come when self- preservation shall demand that every resource of the State be put into requisition for the defense of our lib- erties and hearthstones ; but surely the appropriation of these funds can be justified only by the grave necessity of employing them in defending and preserving the lives and liberties of the people." The veto was sustained, but by a very close vote. Evidently Governor Lubbock believed that no matter 8—1. 34 THE QNIVERSITY OF TEXAS. how justified the right might be for using these fund& the State wos not justified in keeping them, without providing for their restoration to the tjniversity. [There is a hiatus in the pubHcation of the jour- nals of the legishiture during the Confederate War, and, on that account as well on account of the burning of the old State house, some of the journals and other official records are not preserved even in manuscript. The proceedings, however, mainly related to war meas- ures not affecting the University further than appears in the reports of the University Regents.] GfOvernor Hamilton in his message of February 10, to the convention of 1865, saj^s: "The debt created by those who were in authority in Texas during the Rebellion, in support of the war against the govern- ment of the United States, is not in my judgment, such an obligation upon the people of Texas as will find any favor with our loyal citizens, or with the govern- ment ol the United States. To provide for the pay- ment of this debt would be equivalent to a justifica- tion of the purposes for which it was created. * * '=' It may be difficult to ascertain accurately that por- tion of the public debt of the State which was in- curred in support of the war. " I have reason to believe that more than three- fourths of the indebtedness which has accrued since the commencement of the war was created in its sup- port. As a means of facilitating your investigations upon this subject, I respectfully refer you to the re- port of ex-Governor Pease and Swante Palm, Esq., copies of which will be furnished to your honorable body. In this connection I feel it to be my duty to re- mind you that land scrip to a considerable amount was purchased during the progress of the late Rebel- lion, and paid for in the paper money issued by the government of the Confederate States. Perhaps in some instances these payments for land scrip were made in treasury warrants of the State. " Payments were also made during the Rebellion^ in Confederate money for portions of the University lands sold under a law of the State, enacted before the THE UNIVERSITY OF TEXAS. 35 passage of the ordinance of secession. The commis- sioner of the land office and comptroller of public ac- counts can furnish such imformation on these subjects as you may desire." March 23, 1860, Mr. Waul for the finance com- mittee to whom was referred the report of the commit- tee on education reported as due and belonging to the common school fund: "Bonds of railroad companies and interest, $2,- 053,978.73; bonds substituted by manuscript warrants^ interest and non interest warrants ; United States 5 per cent bonds; receipts from land sales, etc., $1,285,327.05 which has been converted and expanded or in contro- versy under the acts of the officers of the State since January 28, 1861 and before August 5, 1865, or ren- dered unavailable to said fund by the principle estab- lished in the ordinance of this convention declaring the State debt void. " The committee find there has been paid into the treasury on account of University lands: Specie on account, principal and interest on notes $37,932 04 Ten per cent interest bearing warrants 12,230 39 Non interest bearing warrants 10,300 41 Confederate notes 114,804 48 Transferred to State revenue account 203,301 30 Amounting to $379,168 63 which has been converted and expended, during the war by the State authorities. " They further state : United States 5 per cent bonds $100,000 00 Specie interest on same 9,472 26 Specie or coupons one month interest 416 66 Amounting to $109,888 92 was transferred from the University fund to the State revenue account in February, 1860, under an act of February 8, 1860, and should be restored by the State to said fund." In 1866, Governor Pease appointed M. W. Allen, "agent for the sale of University lands." Since then other agents have been appointed to look after the lands in some way, but so far as the records show, probably had little to do except to draw their salaries at the expense of the University fund. 36 THE UNIVERSITY OF TEXAS. Governor Throckmorton in his message of Au- gust 18, 1866, says: *' I invite your attention to an or- dinance which requires coupon bonds of the State to be placed to the credit of the University fund in lieu of the United IStates bonds belonging to this fund which were transferred by act of the legislature of January 31, 1860, to State revenue account and sug- gest the necessary action on your part to effect the intention of the ordinance. The amount of bonds and interest due at the time of transfer was $109,472.26 which will require corresponding amount of State bonds. "Under a law, approved August 30, 1856, the fifty leagues of University lands were sectionized and 58,523 acres were sold, at an average price of |3.343 per acre. I invite your attention to the law referred to, and the report of the commissioner, John Henry Brown, in relation to the sale of the lands. The law needs some amendments, and I desire the legislature to consider the necessity of making further sales from time to time, as the lands are likely to command fair prices. It is my opinion that the sales of marketable quarter sections, selling alternately, should be continued. "There has been paid into the treasury on account of sales of University lands, |1 26,342.90, and there re- mains as yet unpaid as principal, $70,320.92. The amount of interest paid up to April 18, 1865, was $48,- 924.42, and the approximate interest due up to the year 1878, is $55,888.86. In the event that the sale of these lands is continued, I would suggest the propriety of investing the proceeds in interest bearing stocks of the State or the general government. I would ask your attention to an apparant con- flict between the eighth section of the tenth article of the constitution and the ordinance in relation to the school and University fund. The first would seem to imply that the State is liable to this fund for all mon- ies heretofore set apart to it, and subsequently trans- ferred to other accounts, and replaced by comptroller's certificates of State indebtedness. The ordinance pro- hibits the legislature from providing "for the payment THE UNIVERSITY OP TEXAS. 37 of any claim or pretended liability of the State to said fund, not enumerated" thereii). "If the latter prevails, the $10,800.41 of comptroll- er's certificates of indebtedness deposited to credit of University fund, and the |1 2,230.39, ten per cent State warrants, must be cancelled, and your honorable body should so direct." In the Eleventh legislature, November 12, 1866, upon motion of Senator Guinn, a joint resolution for the establishment of another University contra-distin- guished from the University of Texas, was taken up, amended by adding M. H. Bonner, of Cherokee, and J. M. Perry, of Anderson county, to the board of com- missioners and passed. [See Texas house and senate journals Eleventh legislature, and appended reports of Comptroller Robards and Messrs. Pease and Palm, and special report of James H. Raymond, agent for John Hancock, acting under orders of Maj. Gen. Granger, United States Army.] Judge Hancock had been requested Vjy Gen. Granger to select some suitable person to take charge of the State's funds, and they were turned over to the custody of Mr. Raymond. In a final report of the administration of "Gov- ernor Throckmorton when he was removed from office August 8,'1867, by federal authority, as an alleged ''im- pediment to the reconstruction of the State ^^^ by special order July 30, of Maj. Gen. Sheridan, the affairs of the University are thus alluded to : "As required by a joint resolution of the last legis- lature a board of administrations of the University of Texas was appointed. The board met and organized February 15, 1867. After considering the various questions connected with their duties, it was concluded not to make a selection of a site for a University, but to examine localities where donations were offered, and points which presented favorable considerations. The legislature set aside twenty-five of the fifty leagues of University lands for the endowment of the East Texas University, and appointed a board of adminis- ■38 THE UNIVERSITY OF TEXAS. trators to select a site for the same. I am not advised of any action of this board. "Under an act of November 12, 1866, M. W. Allen was appointed an agent to select and sell por- tions of the University lands and to superintend the correction of conflicting surveys, etc. Selections have been made in Grayson county and sales took place Au- gust 1, 1867. Another selection in Fannin county is to be sold the first Monday in September next. I pre- sume other selections have been made, but not yet re- ported. Mr. Allen has personally inspected the lands and selected those most likely to bring fair prices. "There remains unpaid on University lands, here- tofore sold by John H. Brown, principal and interest due August 1, 1«67, $30,035,53 specie. These lands are, under the law, subject to re-sale. The necessary papers have been prepared at the treasury and in the land ofiice, under the supervision of Attorney General Walton for the purpose of advertising and selling these forfeited lands. Under the direction of the act of November 12, 1866, specie bonds of the State, with 5 per cent coupons attached, to the amount of $134,- 472 26, have been executed and placed in the Univer- sity fund in lieu of this amount, with interest belong- ing to said fund, used under direction of former legis- lation. "On February 28, last, I forwarded to Hon. B. H. Epperson the acts of the legislature accepting the land scrip donated to the different States by congress, for the endowment of agricultural and mechanical colleges, with authority to receive the same, etc. The authori- ties declined to issue the scrip." Governor Pease in his message to the reconstruc- tion convention in 1868, casually says: "The officers of the government at this place are prepared to furnish your honorable body with such reports as will give you full and accurate information in regard to the state of the treasury at the commencement of the Rebellion, ■during the progress and at the present time; the condi- tion of the school fund and the University fund, and the amount of each diverted to the support of the Re- bellion; the sales of land scrip that were made during THE UNIVERSITY OP TEXAS. 39 the Rebellion, and all other information to be found in the public records that may be useful to you in the dis- cliarge of your duties. Among the suggestions of Governor Pease to the convention, he stated that the convention was expected to declare that ''the pretended act of secession and all laws that have been enacted, in aid of the late Re- bellion, or repugnant to the constitution and laws of the United .states, are and were null and void from their inception; and that you will at once repeal all laws that make any discrimination against persons on account of their color, race or previous condition." The message further states: "The amount of money in the State, May 31, 1868, applicable to the ordinary expenditures of the government, is $203,- 079.69, of which $202,884.35 are in United States cur- rency, and $195.34 in specie. This is exclusive of the amount standing to the credit of the school, University and other trust funds. It is believed that this money, with that which will be received from time to time under the present tax laws, will be sufficient to meet all the expenditures of the government, and pay the expenses of your honorable body, unless they should be greater than is anticipated, without imposing the additional tax contemplated by the supplemental re- construction law of March 23, 1867." In that convention Mr. Sumner proposed a section for the new constitution providing that "all public University lands in the State of Texas, that have not heretofore been disposed of, shall be turned over to the common school fund ; and it shall be the duty of the legislature to pass such laws as shall provide for free schools in every neighborhood in each county of this State." It was not adopted, and is alluded to only show how little regard some members had for trust funds, and especially those of the University. Hon. E. J. Davis was president of the convention. The State officers were John T. Allan, treasurer; E. M. Wheelock, superintendent of public instruction ; Joseph Spence, commissioner of the general land office; Geo. C Rives, acting state comptroller. 40 THE UNIVERSITY OF TEXAS. Mr. Wheelock, in his report to Governor Pease,. says: "It seems to have been a cherished design of the people of Texas to establish an institution for the instruction of youth in the higher branches of learning; and by generous grants to so endow the same as to place within the reach of the rich and poor the privilege of a liberal and thorough education. The president of the Republic was ordered in 1839, to set apart 221,400 acres for this purpose. In 1856, one- hundred thousand dollars in United States bonds, and one-tenth of the railroad lands were also appropriated *for the establishment and maintenance of the Univer- sity of Texas ' and the lands were offered for sale on a credit of twenty years. The grant was ample, the lands were choice, and large amounts were readily sold at an average price of $3.34 per acre. Of this fund $379,168 was destroyed during the civil war by the ^tate authorities; and it is understood that considerable sums, the proceeds of the land sales, were paid in Con- federate money. "The amount of University fund now in the treasury is $134,472 in State paper. No practical steps have yet been taken toward the location and establish- ment of this institution. But when once our State is dotted with common schools in full operation, for the education of the children of the people, these will naturally require to be supplemented by high graded and normal schools, adapted to pupils of a larger growth, and these again crowned, by a University. A State University is indeed a logical necessity and outgrowth of the free school system, the head of the grand line of forces by which we would draw the whole people up to light and knowledge." In his message of April 29, 1870, Governor Davis says: "The University fund and lands may, I sup- pose, properly be considered as part of the common school fund, though not directly included therein by the constitution. "It will be noticed that in the comptroller's report of assets the accounts bear from year to year the items 'Special school fund, $79,409.50,' University land sale, $10,300.41,' and 'Six per cent manuscript State bonds^. THE UNIVERSITY OF TEXAS. 41 for school fnnd, |320,367.13.' These items represent State warrants or State bonds issued during the war, and representing obligations which are now void, should no longer be borne on the comptroller's reports. But the comptroller considers it his duty to continue them until the legislature directs otherwise." [As to the University item Comptroller Bledsoe, under ruling of Attorney General Alexander, did omit it from his statement of the public debt, but Comp- troller Darden subsequently replaced it in his state- ment, and it was eventually validated by act of the legislature, as has been stated in this volume.] In his message of January 10, 1871, Governor Davis says: "It will be perceived that I have not in- cluded in the estimates of the State's indebtedness, the bonds issued to the common school and University funds, under the provisional act of November 12, 1866^ amounting to $216,641.08 and interest. I can perceive no good reason why these bonds issued to replace five per cent United States indemnity bonds, taken and dis- posed of during the Rebellion by the authorities then in possession of the State, should now be a charge upon the people. If it is necessary that the school and Uni- versity fund should be increased in a sum equivalent to those bonds, it had better be done in plain terms, but there is no such necessity, and it is our experience in the past, that the accumulation of these special funds tends to invite spoliation. "The school and University funds are now, I be- lieve, quite as large as they can safely remain, and the taxes that would go to pay interest on bonds, added to swell those funds, might as well be expended directly in support of schools and universities. I therefore recommend that the bonds issued to the school and University funds, under said provisional act of 1866, be cancelled." "In connection with the public school fund, or rather the University fund (the two funds properly being considered together,) I would call your attention to the donation made by acts of congress, of scrip rep- resenting 180,000 acres of land to provide colleges for the ' benefit of agriculture and the mechanic arts.' I 42 THE UNIVERSITY OF TEXAS. have made application at Washington for this scrip, and it has prooably ere this been turned over to the agent -appointed: but under the acts of July, 1862, and July, 1866, of congress, the State must provide within five years from i»66, at least one such college as is des- cribed in the acts, or must refund to the United States the scrip or its proceeds. Less than one year remains within which this State can secure the benefits intended. I think we cannot safel}^ attempt at present the estab- lishment of more than one of these colleges, and sug- gest that this be incorporated with the State University. 1 recommend the early passage of an act applicable to the case." September 1, 1871, Messrs. Wm. Alexander, A. Bledsoe and Geo. W. Honey, respectively attorney gen- eral, comptroller and treasurer of the State, reported to 'Governor Davis and the Twelfth legislature, as to valid claims against the State: "In pursuance of an act of the legislature, approved November 12, 1866, five per cent specie bonds of the State of Texas, payable January 1, 1879, were issued and deposited in the treasury of the State, to the credit of the University fund, amounting to $134,472.26, on account of which no provision has been made for the payment of the in- terest." Other claims are included, and they add: "It is be- lieved that the foregoing statement will cover every valid claim created prior to January 28, 1861, not ex- cluded by the constitution." The statement is attested by John M. Swisher, auditing clerk. Governor Davis, in his message of January 16, 1873, states that he had not "included among our ob- ligations, the following items mentioned in the treas- urer's report: Five per cent State bonds to credit of University and per- manent school fund $216,641 05 Six per cent State bonds to credit of permanent school fund 320,367 13 Comptroller's certificates of indebtedness 89. 709 91 Total $636,718 09 "These items," he says, "are relics of the late war and the allusion made to the two last, in my first mes- THE UNIVERSITY OP TEXAS. 43 sage to the legislature, may well apply substantially to the three. That allusion was: "These items represent State warrants, or State bonds, issued during the war, and representing obligations which are now void, should no longer be borne on the comptroller's reports. " In effect these bonds and certificates are due to ourselves if at all, to support the University and pub- lic schools, and instead of raising taxes to pay them, we may just as well, if necessary, effect the same pur- pose by paying the taxes directly to the support of these institutions." Governor Coke in his message of January 26, 1^74, to the Fourteenth legislature, says: "The chil- dren of the present generation are as much entitled to the benefits of public education as those who may come after them, and I cannot see the practical wis- dom of keeping the almost entire school fund of the State locked up and lying dormant in unproductive lands, many thousand of acres of which are in settled counties, retarding each day their proper growth and development "These lands are of the three classes to-wit: First, University lands; second, the alternate sections of the public domain ; and third, the school lamds, belonging, at least originally, to the several counties. As to the power of control and disposition of the first two classes by the State there can be no question ; with regard to the third class there would seem to be some doubt." He recommends that if the control of the State as to the last class remains in the State some system should be devised for their gradual sale to actual settlers only, upon easy terms. A statement of January 16, 1874, from A. J. Dorn, State treasurer,*to Governor Coke, shows in the treasury for account of the University fund, $134,472.16, five per cent State bonds, and for account of the A. and M. College, |5,880, in specie, and $174,000 in seven per cent frontier bonds. In the Fifteenth legislature, during Governor Coke's administration, in 1876, Senator Stephens intro- duced an "Act to provide for the location and survey of 1,000,000 acres of the public domain of the State 44 THE UNIVERSITY OF TEXAS. of Texas for the endowment, maintenance and support of the University of Texas." Senator Terrell also introduced a bill to set apart 1,000,000 acres of the unappropriated public domain for the establishment and maintenance of the Univer- sity of Texas, and for that purpose to recover from lo- cation the lands belonging to the State within the borders of Greer county. Neither bill passed. Governor Hubbard, in his message of January 14, 1879, to the Sixteenth legislature, refers to reports of Acting Land Commissioner Rhoads Fisher (Commis- sioner Roos having died) and Commissioner W. C. Walsh, showing the following University lands located: Acres. In Cooke county 23,218 In Fannin county 39,520 In Grayson county 72,700 In Hunt county 7,544| In Collin county 2,582| In Lamar county 12,146 In McLennan countv 41,193 In Shackelford county 17,420 In Callahan county 4,582 Total 219,906i whose average value is estimated at $3.50 per acre, making $76«,672. The Governor transmitted to the legislature the report of the president of the A. and M. College and of the college for colored youths, and also the printed proceedings of the board of directors since its organi- zation, "The colored college," he says, "has been organ- ized, the necessary buildings paid for, and the school is now in successful operation. The law requiring its es- tablishment has been faithfully complied with and for a more complete understanding of its status and pro- gress you are referred to the report of the college and to documents relative thereto on file in the executive department." As to University lands, Governor Hubbard say« : " There have been appropriated, and set apart and sur- veyed, already 219,906 acres of land for the 'establish- ment and maintenance of the University of Texas.' THE UNIVERSITY OP TEXAS. 45 "The constitution (Art. VII, Sec. 11) provides that the proceeds of sales of lands shall be invested in bonds of the State of Texas, if to be obtained, if not, then in United States bonds, and shall constitute a per- manent University fund, the interest of which only can be used by the legislature ' to accomplish the purposes declared in the foregoing section;' one-tenth, however, of the alternate sections of land granted to railroads, reserved to the State by act of February il, 185b, en- titled *An act to establish the University of Texas' is not included in, and does not constitute a part of the permanent University fund. ** These lands are valuable, estimated to be worth on an average |3.50 per acre. Under the present restric- tions, however, imposed by law as to quantity, and re- quiring actual settlement thereon, many years will elapse before the sales thereof will materially increase. If re- moved in a short while, I suggest that the available funds thus realized would be amply sufficient to meet the great objects contemplated by the congress of the Republic, and the early legislatures of Texas. To your wisdom I commend these suggestions. "I refer you especially to the report of the attor- ney general * in relation to certain sales of these Uni- versity lands in the county of McLennan, in which the title of the State has been called in question by a recent decision of the United States court at Austin. In any and all instances where the State has sold lands to these citizens and received consideration therefor, in whole, or in part, and the title, when adjudicated by a tribunal of competent jurisdiction, has been adjudged null and void, then the first duty of the State is to reimburse both the principal and interest thereof to the citizen who may be thus injured by his innocent pur- chase from the State. But a State cannot be concluded by a judgment in any court to which she was not a party, and cannot be made such, under the constitu- tion, without her consent." * Hon. H. H. Boone was attorney general during Hubbard's term. Hon. George Clark was the previous attorney general during the Coke administration. 46 THE UNIVERSITY OF TEXAS. What a pity, following this conclusion of Governor Hubbard, that the rights of the University or any State institution, can be compromitted by the State, without their consent, or representation in any way as concerned in the matter. It will be fortunate for such interests when a different rule of justice governs State authorities. In the report to Governor Roberts, prepared by Col. Smith, as president of the board of regents, January 8, 18^8, a few months after the first faculty had been selected, and the institution was in operation (temporarily occupying rooms in the capitol building) are given the following interesting statements and re^ flections upon the political questions affecting the Uni- versity : "The board of regents beg to be permitted to state respectfully that they have full confidence in the legis- lature. The circumstances under which the Eighteenth legislature was elected are, in some respects, peculiar. The convention which met on the 18th of August last, was composed of men of eminent ability, above the average political conventions ; they came fresh from the people, and after the conspicuous non-action of the house of representatives a few weeks previously. They proclaimed the principles of the Democratic party, ex- pressed their wishes, and threw forth to the world their mandate in the Democratic platform. That mandate concerning the University is in these words, articles 9 and lO of the platform; "9. We declare that a liberal provision should be made to endow with the public lands set apart for the payment of the public debt, or the proceeds of the sales of the same, the State University and its branches. * * We further declare that the debts due the Uni- versity and common school funds of Texas, denomi- nated as of 'doubtful validity,' should be recognized and paid with the interest due thereon. "10. We favor the fullest education of the masses, white and colored, in separate common schools, and the advanced education of the youths of our country in our higher schools and State University. "Less than three months after this declaration of THE UNIVERSITY OF TEXAS. 4oT the policy and wishes of the Democratic party the November elections took place. The Democratic members were elected on this Democratic platform. The platform rebukes the assurance of individuals who affect to be wiser than the people by saying that the time has not come for establishing a University of the first class. By connecting in one sentence and one common view common schools and the University, it rebukes the shallow judgment which fancies that there is inconsistency or rivalry in fostering at the same time common schools and the University. "The people of Texas command, in their constitu- tion, that the legislature shall establish a university of the first class. The great Democratic party, speaking for the entire State, embracing the wise and good of all political parties, in these articles of their platform, declare that the time is now come, and demand to establish now such university of the first class. The means to carry their will into effect lie idle in the treasury, and their use for this noble purpose will not add one cent to the public taxes. The people will take no educational starveling, no institution big in name but meagre in performance. They demand a univer- sity to be now organized in a manner and on a basis soon to be developed into an institution on the high level of the foremost institutions of knowledge in the entire world; a university whose instruction, absolutely free, shall offer to every child in the State, poor or rich, that knowledge which is power to the individual, and,, in the aggregate, power inherent and indefeasible to the magnificent, imperial State of Texas. "The regents, in closing this report, beg to present to your Excellency their sincere thanks for your wise counsel and hearty co-operation in carrying thus far- into effect the important trust committed to them. "AsHBEL Smith, "President of the Board of Regents of the University of Texas." Several years later Dr. Wooten in his report, as presi- dent of the board, made to Governor Ireland, alludes to the action of the dominant political party in the State as follows: 48 THE UNIVERSITY OF TEXAS. ''In conclusion, the Regents take pleasure in call- ing attention to the action of the Democratic conven- tion convened at Galveston, August 12, 1886. That imposing body of representative men with singular unanimity adopted the following as a plank in the Democratic State platform : ' We congratulate the people of Texas npon the successful establishment of our State University, and we recommend the enact- ment of legislation to remove the same as far as poss- ible from all political influences, and that its properties and revenues shall be strictly guarded, increased and fostered, so far as it can be done without taxation upon the people.' It is believed that every request made in this report is in strict conformity in letter and spirit with the action of the Galveston convention. The in- corporation of the Board of Regents will remove the University ' as far as possible from all political in- fluences;' and the repayment of the money advanced to the Prairie View Normal School, the repayment of the money borrowed by the State from the University, the recognition of the warrants received in payment for University lands, the confirmation of the State's title for the benefit of the University where the same is in dispute, and the investment of the regency with the right to make absolute leases and sales of the Uni- versity lands, are all in harmony with the platform when it declares ' that its (the University's) properties and revenue shall be strictly guarded, increased and fos- tered.' The Regents furthermore believe that every request in this report can be granted 'without taxation upon the people.' Nothing has been asked for except such things as have previously been granted, or such as follow logically from previous grants. "In case the legislation asked for in this report is granted, the Regents are confident that in a reasonable time the University of Texas will become 'a univer- sity of the first class.' It will take its place along side the really great inititutions of the country. Year after year young men and young women will go forth from its lecture rooms to become leaders of the people, moulders of public opinion, framers of public policy, defenders of the right against the wrong, and the THE UNIVERSITY OF TEXAS. 49 upholders of the liberties and the franchises and the morals of the commonwealth. " Respectfully submitted, " Thomas D. Wooten, "President Board of Regents. "December IG, 1886." The last State Democratic convention, representing the ruling party in the State, which met August 12, IrtQO, in San Antonio, adopted the following as a pro- vision of its platform: " We demand that, as a general diffusion of knowledge is essential to the promotion of the liberties and rights of the people, the constitutional provision requiring the public free schools to be, main- tained and supported for a period of not less than six months of each year, shall be freely and faithfully car- ried out and that the University, its branches, and the other public educational institutions, be properly en- dowed and maintained." And prior to this, Hon. James S. Hogg, the attor- ney general of Texas, and subsequently the nominee of the convention for governor, and whose nomination by the dominant party is equivalent to election, thus favorably expressed himself as to the University, in the course of one of his campaign speeches: "The educa- tion of the rising generation is now imposed upon us as a duty. It is declared by our fundamental law to be necessary for the preservation of the liberties and rights of the people, and all patriots should respond with alacrity, pride and liberality to such demands. In this connection it is also with pride that I commit myself to the principle and policy of the proper and just maintenance of the State University and the Agri- cultural and Mechanical College, in addition to our other educational institutions. Texas, in her rapid strides toward leadership in the federal union, cannot lose sight of the importance of having the alma mater of her future statesmen, scientists and men of art, at home, under her own wise and judicious control." As for the demand of the San Antonio convention that ''the University and its branches be properly en- dowed and maintained," it may be simply gratuitous 50 THE UNIVERSITY OF TEXAS. or a political catch, as it stops short of adding "by the State," and the attorney general, who is at the head of the ticket, for governor, is known to have held, and the convention it is to be assumed was aware of the fuct, that legislatures claim no power to appropriate money- out of the general revenue for the support of the Uni- versity. As a writer in the News has expressed it, "the liberality of the convention presumably was expressed umler full knowledge that the constitution requires the University to be supported, if at all, by the inter- est and profits derived from its permanent fund of bonds and landis. This then commits the Democratic party to an increase of the interest bearing and rent producing permanent fund, of the University, or the University people have been deliberately deceived, and the platform promise, which Mr. Hogg is understood to have personally formulated, and which at any rate he has indorsed, is to be repudiated." ****** "It has been suggested that the University would get along if the regents were given entire control and management of the branches, as well as of the Univer- sity lands. The regents could prune the branches of unnecessary and exuberant expansion, and more evenly and symmetrically divide the aggregate income. If this be denied them at the promptings of jealousy in the collegiate family no one will reasonably object to control of the lands on the part of the regents. The 2.000,000 acres should yield a sufficient income. Every endeavor of the land department of the State to utilize the lands has failed. The regents are content if not anxious to assume the task of leasing and selling the lands. They surely could under existing laws force those who are using them to pay for the use. It is un- derstood that the nominee for land commissioner and the inchoate governor favor the experiment. It is in line with the new order of things, too. A commission of regents, with the legal and assumed powers of the old land board to legislate, to adjudicate and execute commission laws, might be a great improvement on the state land office restricted to statutory powers. Such a commission should be fully competent to reclaim the lands from free graziers and dispose of them in a way THE UNIVERSITY OF TEXAS. 51 to yield a large university revenue, and this is as far as the platform seems at all feasible." As to Gen. Hogg, it is believed that whatever may be his views on the question of appropriations for the University from the State's general revenue, he is friendly to the institution, and will at least not oppose further land endowments for the University, as well as the (College, so as to produce greater revenues for im- provements, and would be willing to have the Univer- sity lands turned over to the exclusive control of the regents. The nominees on the ticket which he heads for governor, and which is certain of election, Charles A. Culberson for attorney general, Wm. L. McGaughey for land commissioner, John D. McCall for comptroller, Wm. B. Wortham for treasurer, and H. C. Pritchett for State Superintendent of Instruction are all understood to be quite friendly to the University. As to Governor Ross, his views as to the University while State senator and governor, are presented further along in this history. Governor Roberts' views have already been given, DIFFICULTIES ENCOUNTERED. The unfortunate fact as to State Universities gen- erally is, that despite the policy of the States in found- ing them (sometimes liberally enough at the outset) they have for years afterwards to struggle against the whims of legislatures, and radical changes in govern- ment, for that moral recognition and financial support which are necessary to the development and success of such institutions. In Texas this has been but the legitimate consequence of the State having charge of the University lands and all its material resources, while at the same time nominally controlling conflict- ing interests of the University branches and other edu- cational interests which, on account of jealously or some mistaken policy, are strained into conflict with those of the University as an entirety of body and branches. This is the great difficulty with State man- agement. The trouble in agreeing upon a location was one of the obstacles at first to the establishment of the 52 THE UNIVERSITY OF TEXAS. University of Texas, till ob^'iated by a provision of the- constitution of 1876, requiring it to be located by a vote of the people of the State. The University too was naturally antagonized at the outset by the denomi- national colleges established by the several churches,, and it was especially unfortunate in being brought into competition with the Agricultural and Mechanical College branch at Bryan, owing to a disposition of the college authorities to broaden and popularize the stud- ies of the College by approximating them as near as possible to the university standard, so that students seeking higher education would be attracted to the College as strongly as to the University. This policy of the college directory seems to have been justified, no matter how it affected the University, if the conclusions in a recent faculty address by ex- Governor Roberts, now a law professor of the Univer- sity, are correct. Prof. Eoberts says: "The law of congress, in making the college dona- tion, did not exclude other branches of learning, but left that to the convenience and discretion of the State in organizing and directing the operations of the school. The k^tate has exercised that discretion, by providing in the constitution of 1876, that it shall be "a branch of the University for the instruction in agriculture^, the mechanic arts, and the natural sciences connected, therewith." Here is a specific direction, as to what should be taught in that institution, and, that it was so intended is manifest from the fact that the constitu- tion made it only a branch of the University of Texas, whose general objects were declared to be 'for the pro- motion of literature, and the arts, and sciences, includ- ing an agricultural and mechanical department,' and then expressly indicated what learning should be taught in that branch or department of the University.. If some learned member of the legislature would take trouble to examine closely the curriculum, or course of study of the agricultural and mechanical branch, and that also of the Normal School, and compare them with that of the academic department of the Univer- sity, he might well conclude, judging from them, that the legislature had put up, or rather had allowed to be THE UNIVERSITY OP TEXAS. 53 put up, three universities instead of one, for the gen- eral collegiate education of the youths of this State. This is not referred to in opposition to those schools, but rather in favor of them. Por the best results are to be attained in those schools, as well as in all others, by their being confined to the special objects of their cre- ation. It is the business, as well as the duty of the legislature to look to that matter, in regard to all of the schools of the State made so by the constitution." President James, in his report to Governor Roberts, stated the origin and policy of the College, as follows: "Wisely recognizing the intimate connection be- tween industrial pursuits and National and State de- velopment, the laws, Federal and State, by which this OoUege was created and endowed, contemplated for its object ' The practical and liberal education of the in- dustrial classes,' and the consequent development of our material resources. The Federal Act of July 2, 1«62, expressly provides that all revenue received from the land grant therein made 'shall be inviolably appro- pri.ited by each State which may take and claim the benefit of this act, to the endowment, support and maintenance of at least one college where 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 agri- t3ulture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe.' Texas formally accepted the gift with its conditions, and b}^ its constitution of 1876, made this College (which had already been established by act of legisla- ture, April 17, 1871,) 'a branch of the University of Texas, for instruction in agriculture, the mechanic arts and the natural sciences connected therewith.' " [From report, 1882, of John G. James, president A. and M. ■College.] The agricultural and mechanical branches of the College had both been put into operation in June, 18'S2^ but, as stated in the college catalogue a year or two later, " while the mechanical was interesting and suc- ^cessful, the agricultural did not attract students, on 54 THE UNIVERSITY OP TEXAS. account of too much time being consumed in un- instructive manual labor, such as picking cotton and mending roads — without compensation." To remed}^ this the legislature was asked for $100,- 000 for improvements so as to enlarge the scope of such instruction and granted a sufficient part of the amount to bring the institution up to something like its con- templated agricultural as well as mechanical standard. The regents of the University unfortunately, too, caused dissatisfaction, b}^ not electing Texas applicants to the Universit}^ professorships, thereby making enemies ot the applicants with all their wide circle of influence in the church colleges and the public high schools of the State. Whether this was a mistake or not in the case of the Texas University, it is generall}^ true that onl}^ certain qualifications of applicants from other States are communicated, and their demerits are naturally avoided in the partisan recommendations of their friends, while on the other hand home talent is subjected to the severest scrutiny and spiteful prejudices are excited and unreasonable objections invented against Texas applicants. Thus it may be that the really more meritorious home applicants may in some instances have been rejected, and Texas professors have been not without preferment save in Texas, and in this way the regents here, as in other States doubtless, have- made some mistakes in their appointments. What many considered high salaries established for the pro- fessors ($4,000 each) also caused dissatisfaction, as evi- dence of extravagance which the masses of the peo- ple were not disposed to countenance despite the plea that they were necessary to attract professors of emi- nent ability to Texas. The expenditure, too, of some $20,000, almost at the outset, for chemical and physical apparatus was regarded as too extravagant for a new institution with limited resources. There were other causes than those which have been alluded to, operating at Austin against the Uni- versity, which were sharply referred to by a cor- respondent of the Galveston News as follows: THE UNIVERSITY OP TEXAS. 55 ''the war between the university of TEXAS AND ITS BRANCH AT BRYAN.'' ''Austin, March 8, 18?:i5. — At Austin there are several causes of enmity to the University. The first evidence, which is matter of record, is con- tained in Governor Ireland's message, at the open- ing of the Nineteenth legislature. That document refers to the use of the available fund of the University without biennial appropriations of it by the legislature, and the law, fixing the terms of office of the regents for more than two years, as unconstitu- tional, and yet not a word with reference to the use of the available fund of the A. and M. College without such biennial appropriations, and not a word concern- ing the law fixing terms of office of the directors of the (Jollege at more than two years. That message has much of taffy for the College, and alludes to the Uni- versity in a way to indicate that he had taken great pains in selecting regents, but that silence with respect to their management was all he could afford. "Then comes the A. and M. College report, in which the chairman of the faculty and the president of the directory, by a remarkable coincidence with the governor's favorable consideration, both ask for $100,- 000 for the College, including a big slice from the Uni- versity fund. Following this, the president of the College directory (^>tate Senator PfeufFer) produces a University bill, entitled "An act to perfect the Univer- sity of Texas," which if adopted would close its doors as a University, though they be re- opened with a so- called faculty, selected by the new board of politicians, the bill proposes. This faculty would be chosen from the class of cheap statesmen; for the University fund, would, if scattered as the bill provides, not be sufficient to secure educators, or even influential political servi- tors at the parent institution. It would no longer be a University, but a poverty stricken hospital, for the broken down political hacks and disabled office hold- ing veterans. Nothing less than the practical suspen- sion of the University would please two or three classes of its enemies, but this the politicians would not per- 56 THE UNIVERSITY OF TEXAS. mit, for in controlling and distributing its funds, as long as it might exist, potent influence upon appoint- ments and senatorial elections is kept alive. Still it is insisted that the College branch is more important than the University trunk, and an open fight being abandoned, it is now sought, by means of the district college bill, to destroy the University by a raid upon its financial resources." THE STATE GRANGE AND THE UNIVERSITY. This same correspondent, with an evident sharp eye, on the astute Texas governor, thus hints at an effort to array the State Grange agahist the University, or more properl}^ perhaps to secure the Grange's influ- ence for the governor, for United State senator, in ex- change for the governor's influence to have the office, hinted at, created: ' There is a growing conviction in the legislative mind that the onslaught on the Univer- sity, has some ulterior and unworthy motive; that in fact there is a bug under the chip. This notion will gain ground by the following circumstance: 'Yester- day there was a kind of Grange committee met here, and while the people were laying the corner stone of the capitol, this committee was engaged in a plan to steal the ( orner stone of the University fund.' This lay-out wants to commit the State Grange to hostility to the University, but the real object, it is believed, will be found to be the creation of a new office in con- nection with the Bryan College, which the master spirit in this movement expects to occupy and enjoy." This scheme, however, whatever it was, doubtless failed, but it is remarkable that Governor Ireland took singular occasion on the last day of his administration, to appoint the president of the Grange (Col. A. J. Rose) to be a member of the University regents, though that gentleman, now piesident of the board of directors of the A. and M. College, was known from his published views to be not only partial to the A. and M. College, but prejudiced against the Universitj^y. It is but just to Governor Ireland, however, to add that the appoints jnent may have been for no other purpose than to have THE UNIVERSITY OP TEXAS. 57 the College strongly represented on the University board. Mr. Rose was one of those who contended that the ^'College was more entitled to the countenance of the farmers than was the University." As a fact, however, as many farmers' sons attend the University as attend the College. RIGHTS OF COLORED STUDENTS. Another apprehended trouble to the University was alluded to by the same correspondent as follows : *' Without reference to the present needs of the Univer- sity, it is well to consider what trouble the colored peo- ple may give. They have the right to enter at the Bryan College and at the University here— more espe- cially at Bryan; for that College is supported by a National endowment, so that it might be well to con- sider the propriety of making the A. and M. College the colored branch of the University, for teaching agriculture and mechanics, and transferring the literary and other college departments to the main University •at Austin. This would solve the colored problem, and is under serious consideration." Such a change, apart from possible local objections at Bryan would doubtless be accepted as a good thing for the College, as well as for the colored people. The College faculty might be incorporated with the Univer- sity faculty at Austin, and in order to give them em- phnment a first class technological school might be started as a branch of the University, somewhat on the plan of the science and engineering schools connected with northern universities. Since it is a mistake as a rule to establish university branches, away from the parent institution with the exception perhaps of medi- cal branches which may reasonably be located with some reference to clinical and dissecting advantages, it would probably be better not to change the colored branch, but remove the Agricultural and Mechanical College with its entire outHt to Austin, provided the college grounds and buildings at Bryan, can be sold to advantage or used by the State for other good purposes. As an evidence of the disposition of the colored 58 THE UNIVERSITY OF TEXAS. people of the State seeking recognition of their inter- ests in the matter of public education, the following communication was addressed to the Twentieth legisla- ture, in January, 18M7: '' To the Senate and House of Representatives of Texas in Legislation Assembled: "preamble and RESOLUTION'S." "Whereas, The colored people of the State of Texas Stan d greatly in .need of scientific instruction in agri- culture and industrial arts, and are shut out of all means, of acquiring such knowledge; and "Whereas, The constitutional convention of 1876, composed of such distinguished citizens of our State as Hon. L. S. Ross, present executive; Hon. Fletcher S. Stockdale, Hon. John H. Reagan, Hon. W. P. Ballin- ger, Hon. George McCormick, Hon. Marion Martin, Hon. Vj. S. West, Eon. John Henry Brown, Hon. N. H. Darnell, and a host of other distinguished citizens, authorizes and directs the legislature to establish an agricultural and mechanical college, so that the colored people might acquire such knowledge; and "Whereas, The Fifteenth legislature recognizing the necessity of such an institution, and in pursuance of their constitutional duty, did pass an act entitled 'An act to establish an agricultural and mechanical college of Texas for the benefit of the colored youths, and to make appropriations therefor.' (Chapter 92. Ap- proved August 14, i87().) Therefore, be it "Resolved, That the present legislature is earnestly requested to make the necessary appropriation to carry into effect the provisions of the law of 1876, "Kesolved, That the senator and representatives from this district be respectfully requested to use their best exertions to secure the passage of a suitable appro- priation to put into effect the law establishing an agri- cultural and mechanical college for the colored youths of this State. "David Goodin, "President. "C. J. Waring, "Secretar3^" [Referred to the Committee on Education,] ! THE UNIVERSITY OF TEXAS. 59^ QUESTION OF REMOVAL OF THE COLLEGE. As to placing the colored branch at Bryan, which would have to be done by a vote of the people of the State, since their vote has designated Austin for its lo- cation, the change would have the advantage of at once inaugurating the colored school in the buildings and ample grounds of the Bryan college, and much nearer to the Colored Normal iSchool at Prairie View, than is Austin. The federal land endowment to the college, too, might, by amendment of the act of con- gress, be transferred to the colored branch at iiryan,, which would accordingly take the place of the college, with its grounds, buildings and landed endowment, as an agricultural and mechanical college, and branch of the University, and the college, with its board of managers merged with the University regents, and its faculty and apparatus transferred to Austin, could be incorporated as a strictly science school, or technolog- ical branch of the University. As to the military feature of the college, it might well be dispensed with, by constitutional amendment, or retained at Austin, as well as at Bryan, either, or both, as the vote of the people might determine. Some such arrangement would doubtless be acceptable to a great majority of the people, white and colored, though in face of the opposition likely to be encountered by local objections from the people of Bryan. Another solution of this matter and one which the State can well afford in order to harmonize the claims of the colored people for university education would be to turn over the entire outfit of grounds, buildings, apparatus and endowment of the college to establish a State colored university at Br3^an, includ- ing the agricultural and mechanical, and even the military feature if desired and make it an entirely independent State institution, transferring the college faculty for new work in a technological school of the University at Austin and providing for a new corps of teachers for the colored universit}'' at Bryan. The military feature at Bryan, and the agricultural, me- chanical and military features at Austin* one or all, •60 THE UNIVERSITY OF TEXAS. might be dispensed with or not as a vote of the people •on submission of the several propositions might deter- mine. Thus respective universities for the colored and white people, to be fostered by the iState, each as their necessities might require, would be harmoniously es- tablished, and grand opportunities would be afforded for individual munificence to co-operate with the ^^tate in the further endowment of the two institutions, as inclinations of the donors for either or both dictated. The fact is that a colored branch of a university mainly devoted to the interests of the whites, has come to be about as incongruous, as would be a branch for whites attached to a university mainly devoted to the interests of colored people, if for no other reason than incompatability of associations. But for the sake of conciliation under the reconstruction policy and methods of State rehabilitation it is more probable that a State colored university than a colored branch would have been established. A very fair solution, probably for reconciling the conflicting interests of the college and the University, would be something like a bill introduced in the legis- lature by Representative McGaughey, of Hood county, to increase the land endowment of the college to an extent that would serve as a compromise, in lieu of any future appropriations for the college from University funds, rhe State might well, too, go further and set- tle the question of removal of the college, by making it an entirely independent institution, every way separate from the University. The evolvement of new organizations, by changing locations, as well as other relations, is not without pre- cedent in the history of educational institutions in the South, being the result of changes in the policy, or de- velopments of the country, or some other cause, such as considerations of health, or injudicious locations. So the removal of the college branch of the University to Austin should be well considered before further large expenditures are made at Bryan. As some writer has expressed it, the University of Virginia is ** the lengthened shadow of Jefferson," and it may be that the man is now living who will, as nobly THE UNIVERSITY OP TEXAS. 61 and effectually as did JefiPerson, project his own shadow far down the future, either by his work and influence in this direction, or enlarged munificence in some way in behalf of the University of Texas. Certainly there is grand opportunity for distinction for some one to perfect a combination to bring the University and its branches in more harmonious relationship, now that time has developed the fact that original plans need to be changed, by more systematic and suitable arrange- ments for their consummation. As in any other business, time is required to de- velop educational exigencies and proprieties. It was not till up to a hundred years ago, as illustration, that girls were admitted into the public schools at Boston,, or probably anywhere in the United States, and it is not to be expected that any educational methods can be at once perfectly devised to meet all contingencies. In the case of the colored branch for the Texas University it was, as is well known, to have been established in response and deference to general public sentiment, in behalf of the freedmen of the State. But while, as a matter of policy, incident to the war, this was then naturally to be expected, the branch establishment is no longer as desirable doubtless, in the estimation of the colored people and in acknowledgment of their claims, as w^ould be the organization of an independent uni- versity, either at Austin or Bryan, for the highest pos- sible education of their children. As to the college outfit at Bryan, local opposition there might be fairly reconciled, or more than compensated to the people of" that section, in case of removal of the college ta Austin, and without agitating a changed location of the colored branch of the University, or tiie establish- ment of a colored University, by having the State to provide for some other use of the college property, and establishing an even more important and advantageous institution there in the interest of the people at Bryan. The State might utilize the grounds and buildings, with the purchase of additional land, for a convict cotton farm and factory; or what would perhaps be fairer and more important for the Bryan people, could well afford to give them the college grounds and build> 62 THE UNIVERSITY OF TEXAS. ings for an educational establishment of their own, or to use as a bonus to secure a cotton factory for their own account. At all events, a great iState like Texas is capable of compassing such interests in some satis- factory way, and should not shrink from the solution of any problem of important concern in her educational policy, whether affecting the college or the University, As to the reorganization of educational institu- tions, it has been found advisable and successful in numerous instances; and in some cases a change of location has been necessary to promote their success, as in the case of Kandolph-Macon College, Virginia, which was located in Mecklenberg county, in that State, with reference to accessibility from North Carolina, as well as Virginia, but had to be removed after the war to Hanover county, to prevent its absolute decadence and failure. The great scheme of Chevalier Quesnay to plant in Richmond, as the capital of Virginia, a French academy of the arts and sciences, with branch acade- mies in Baltimore, Philadelphia and iNew York, grew out of the French alliance with the United States, and what was so fancifully known as the French academy at Richmond, was really the basis of Jefferson's scheme for the University of Virginia. Jefferson favored the Quesnay project, by allowing his name to be promi- nently associated in it with Quesnay's. " Indeed," says Dr. Herbert Adams, in his monograph on 'Jefferson and the University of Virginia,' for the United States Bureau of Education, "Quesnay's idea was similar to that afterwards cherished by Jefferson himself, when in 179.) Jefferson began to correspond with George Wash- ington about the feasibility of removing bodily to Virginia the entire faculty of the Swiss College, of Geneva, which was thoroughly French in its form of culture." And yet Richmond was not made the seat of the University, as Jefferson changed his attention to the development of his alma mater, William and Mary College, into a State University. Finding it impracti- cable, however, to thus develop an ecclesiastical insti- tution, like William and Mary, his next ambition, as he proposed to the legislature, was to transfer the THE UNIVERSITY OF TEXAS. 63 **Geneva College to Virginia, and he appealed to George Washington for support of his scheme. But Washing- ton favored a national rather than a cosmopolitan uni- versity, and objected to the importation of a faculty of foreign professors not familiar with the language and policy of our government. It was eventually, the Albemarle Academy, established near Jefferson's home which was finally developed into the University of Virginia, after its name had been changed to Cential -College. In 1817 Mr. Mercer introduced his bill in the leg- islature to establish the University of Virginia, based somewhat on the Jefferson plan, though not satisfactory to Mr. Jefferson. The bill, which was rejected, pro- vided for several State colleges, as Governor Ireland once proposed for this State; and as a notable feature for that period, authorized the acceptance of the Anne Sinith Academy "for the education of females." Jef- serson's final proposition was for a Central State Uni- versity, to be located "in a central and health}^ part of the State," making two suggestions as to locality — one leaving the question to a board of education, and the other specifically providing for acceptance of Central College and buildings for the site and establishment of the University. At one time it was proposed to move the old Wil- liam and Mary college of Virginia to Richmond, and but for the opposition of Jefferson on account of con- flict with his University scheme, the change would probably have been effected. The people of Richmond were strongly in favor of the removal, and it would have been, says Dr. Adams in his history of the college, '*a fortunate thing for the college, for the Univer- sity and for the State at large, if all interests could have been united." Its friends were nearly all agreed that the change would have been the salvation of the college which is now in a state of caducity, without students, or professors, save its venerable president Ewell, and maintaining only the barest semblance of organization oy the formal opening of its doors every academic year so as not to forfeit its charter, and to keep it in line for any opportunity that may happen to re- 64 THE UNIVERSITY OP TEXAS. vive its fortunes. A highly interesting allusion ta this fact will be found in Dr Adams' sketch of William and Mary college for the United States Bureau of Edu- cation 1887.* There remains yet another argument in favor of the removal of the college from Bryan to Austin — the advantages over a town, much less a village, wiiich a large city and especially the capital of the fetate affords. In the preamble to the act passed in the reign of Queen Anne in 1705, when Williamsburg, Va., was founded, it was declared as one of the motives which determined the location of the city : " It will prove highly advantageous and beneficial to the Royal col- lege of William and Mary to have the conveniences of a town near the college." Alluding lo this fact Dr. Adams forcibly argues as follows : "Clearly these early legislators of Virginia were in advance of their age. They believed what the Nineteenth century is just beginning to find out, that a good municipal environment is favorable rather than injurious to the higher education; that the town is more suitable than the country for the growth of a college or a university. The early Virginians had no idea that professors and students should be turned out to pasture like superannuated horses and untrained colts^ and expected to feed on grass like Nebuchadnezzar. It is a very bucolic view of the higher education to ex- pect it to flourish in the open fields, apart from human society, away from great libraries, museums, schools, churches, and from all the helpful, quickening influen- ces of municipal life. "Civilization and culture are, historically speak- ing, the products of towns and cities. The idea of isolating students from the world is b«t the survival of the monastic system, which sought cloistered retreats within protecting walls. While society and education owe much to this system, it should be remembered that monasticism is a mediaeval and not a modern idea. Indeed, the monastery and the castle were but historic reversions to the more primitive idea of hill- forts and * Since this was written, the author is advised that the college has received liberal public aid, and is again in successful operation. THE UNIVERSITY OF TEXAS. 65 patriarchal burghs, from which ancient cities and cla~ssical civilization sprang." As a question of economy, and certainly in the light of experience it seems strange, that for any other consideration, this State should have established the college at Bryan, or even the medical branch at Gal- veston, away from the parent institution at Austin, where, by concentration, all would have the advantages of a general library, museums, laboratories, dormito- ries, mess-halls, lecture rooms, and chemical and physical apparatus, in common, without the enormous expense of duplicating or triplicating such essentials for the several branch institutions, when scattered over the State. The proposition to separate them was stren- uously advocated, among others, b}^ Gen. Darnell, a prominent member of the State convention of 1875, with other able men of the time, who seemed to con- sider universities institutions ''mainly for the benefit of the rich." It was as earnestly, but unsuccessfully, con- tested by such men as Col. Wigfall, Judge Terrell and Gen. Ross (now Governor Ross) and perhaps others ■equally zealous and prominent in the matter. There is no question that it would save the State a great deal of future expenditures to have all the branches of the University centered with the main es- tablishment at Austin. This is stated as a general principle, and not because the parent institution hap- pens to have been located in that city. THE UNIVERSITY AND THE STATE. The University regents are but an anomaly with- out regency powers, except as circumscribed cashiers, so far as concerns the University's finances, and as will be seen further along, their duties are still more circum- scribed and anomalous as to the University lands. As to the faculty, even that has not escaped the iron force of the executive mandate, nor the University itself the mischievous effect of adverse rulings by State officials. Almost at the very outset of his official duties, the first chairman of the university faculty was summoned be- fore Governor Ireland to know why students, not over 6-1. 66 THE UNIVERSITY OF TEXAS. half a dozen, from other States, were being admitted free of tuition fees, the same as Texas students were admit- ted; and on another occasion the professor of chemistry was taken to task for proposing to charge for some analysis in w^hich the State chanced to be interested. Governor Ireland afterwards, in his address at the University's inaugural exercises, explained his position as to admitting students from other States :is follows: ''Some question has been raised about receiving stu- dents here who are citizens of other States. In the in- fancy of this school and while the faculty had but lit- tle to do, there can be no valid objection to receiving such students upon their paying fair tuition and other fees. But this even would not be desirable if Texas could fill the University with her own children. Texas and Texans are liberal. They are munificently liberal to our owm people and reasonably liberal to the people of other countries. But by no theory or reasoning can any one who is a citizen of some other State claim the right to enter here on the same terms wuth our own people. No reasonable person will so contend for a mo- ment. We propose to educate our own boys and girls. On this point, however, our people are by no means an unit; but none are so visionary as to contend that we must give free education to citizens of other States."* In the matter of the analysis referred to. the governor claimed to be merely exercising his right as the executive of the State, to call attention to what he considered an error as to the management of a State institution. As to the eflPect of State officials' rulings, it so hap- pened in 1882, when the institution was in sore need of funds to put it into operation, that the then State comptroller (Mr. Brown) held that a certain large amount in the State treasury (over $80,000) belonged to the University's permanent fund, and consequently was not available for the University's organization, while his successor (Comptroller Swain) ruled directly to the contrarv, and had it transferred from the perma- * The question as to admitting students from other States was suggested to Governor Ireland by a newspaper correspondent, and otherwise perhaps would never have attracted the governor's atten- tion, and really should never have been noticed. THE UNIVERSITY OF TEXAS. 67 nent to the available fund, so that it could be applied for the purposes desired. The regents are not allowed to control even what is called the "University's available fund," made up of interest on its bonds and on notes given for University lands. The legislature dictates appropriations from this fund, simply to be applied by the regents to the uses dictated, leaving them no discretion as to the most needed channels for the appropriations, either as to the University or its branches. Thus the legislature directs not only how the money sha'il be applied, but can, if it chooses, divert every dollar of the University's availa- ble resources to any one or all of its branches, na matter what may be the necessity of the main estab- lishment; and thus it is, the distribution of the fund arbitrarily by the legislature itself is a source of bitter and often partisan contention in the halls of legislation between the regents, in behalf of the necessities of the main department at Austin, and the advocates of some times extravagant demands for the Agricultural and Mechanical College, or branch at Bryan ; and latterly the })ossibly premature demands of the Medical Col- lege, or branch at Galveston, as indicated in the regents' third biennial report (1888) under the heading "The Medical Department," and referred to in the message of Governor Ross to the legislature as follows : "While we feel a laudable ambition in the posses- sion of a University of the highest grade, as was clearly contemplated by its founders, and the requirements of the organic law, yet in view of the fact that it is de- pendent in its operations upon such revenues as may be derived from its permanent funds, and looking at the matter from a purely business standpoint, it is my deliberate judgment that it is not only violative of sound business principles, but extremely hazardous to its permanent growth and standing, to continually en- large its scope beyond its available revenue upon hopes and expectations so apt to prove delusive and unsatis- factory. Its present insufficient revenue affords the board of regents, who are laboring so patriotically and unselfishly in its interest, much good reason to impeach the wisdom of the scheme for the establishment of the 68 THE UNIVERSITY OF TEXAS. medical branch at Galveston, to be run on a starvation plan, while putting the University upon still shorter rations. This mode of applying its revenues certainly discredits good business judgment, and seems to be the profusion of the prodigal rather than the judicious generosity or justice which confers real and lasting benefits." The contention with the University has been es- pecially notable for years as to the college at Bryan, a rather abnormal branch, as already noticed, in having its board of control, entirely independent of the Univer- sity's and pressing their special demands for the college, in opposition to the claims of the regents for other university interest^'. At one session of the legislature, as an evidence of the partisan spirit engendered, one of the members (Mr. Henderson of Lamar), in violation of the rules governing such bodies, rose from his seat while the vote ■yvas being taken for an appropriation for the college from the University' fund, and exclaimed, "Remember the farmers' college!" On another occasion, a promi- nent representative (Mr. Bell of Cooke), declared in a violent speech, assuming the power of the legislature as argument against appropriations for the University, that ''the legislature could refuse to make any provis- ion whatever for the University and starve it out of ex- istence, or demolish it by tearing down its walls and leveling it to the ground.'' In the Twentieth legislature, in 1888, when the simple question involved in discussion w^as the repay- ment of University funds used by the State for other than the purposes of the University, a proposition which was so plain to the senate as to induce that body to pass its bill appropriating over $200,000 to repay the money with interest, it was astounding to hear the Mc- Lennan representative (Mr. Prendergast) , plead that ''the State did not owe the University a cent, it be- ing,'' he argued, "a case of justified diversion of funds intended for one purpose, but changed to another by subsequent enactment." This was certainly a strange argument, that diverting the funds from their original object, and trust funds at that, justified taking them THE UNIVERSITY OF TEXAS. 69> without creating any obligation to restore the money. The argument, however, seemed to have its effect, at least in the house, which voted "a loan to the Univer- sity" giving the appropriation that designation to avoid admitting that the claims of the University constituted any debt of the State, and yet requiring that the loan should be in full settlement and satisfaction of all claims of the University against the State. * The fact is that the attitude of Texas legislatures generally, as to the University's claims, presents some remarkable displays of political tergiversation. First, it is noticeable that the State, while providing for the return of the funds which it used, invariably stipula- ted (with itself of course) that the money should be re- placed without interest, thus using the funds upon its own sovereign terms, regardless of the right of the University to interest, as the legitimate fruit of its sources of revenue.f So some members contended that even if the old claims of the University were counte- nanced at all, only the principal should be allowed, as tlie State was not only sovereignly exempt from pay- ing interest, but had absolved itself from all obligations to do so, by the express terms of the appropriation, * Mr. Bell is not the only one to suggest the iconoclastic powers of legislatures to trample upon shrines of learning; and the legislature of Texas is not alone in disregard of the sacred trusts of educational funds. In Virginia, in 1818, when the first appropriation was made for education, the house of delegates at first favored "a small appropria- tion from the literary fund of the State for the education of the poor, and the rest of the fund to the payment of the debts of the State." " In Wisconsin," as cited in the history of the University of that State, " the denominational colleges sent up petitions asking that the university fund and its income be divided among them and the State University be abandoned. Many names were attached to these peti- tions, and the local press favored the measure, until a pressure was brought to bear upon the legislature that was almost irresistible ; and on the 19th of March, 1855, a mi^mber of the board of regents (elected to the legislature on the 15th) introduced a bill into the assembly to repeal the charter of the University, distribute its funds, and give its income to the denominational colleges in the State." (Carpenters' Historical Sketch of the University.) t Act of .January 31. 1860, authorized the use of the $100,000 United States bonds to meet appropriations 'for frontier defense" — "the amount used with interest accrued and accruing shall be replaced and paid back to the University fund without interest." Act of February 8, 1861, appropriated $25,000 for similar purpo.>-es, out of United States bonds in the treasury arising from sales of Uni- versity lands, '■ and the amount so paid shall become a charge against the State; and be returned to the University fund without interest, when the condition of the treasury will allow." 70 THE UNIVERSITY OB^ TEXAS. albeit these terms were such only as were fixed by the State itself without assent from any other representaj- tive source on the part of the University, so that the Universit}^ was not then fairly a party to the act. Thus while willing to allow the principal, they objected to paying the interest, the enormity of which by long years of accumulation had a good deal to do no doubt with the sovereignty of their convictions in the matter. Still it is no reason because one legislature unjustly stipulates with itself against it, that another should not be just and pay interest, as do individuals for the use of money; but such seems to be the way with legisla- tures in too many instances. These may be extreme illustrations and even rare exceptions as to the influences affecting legislation as to State Universities. Still, the picture is not over- drawn as to the powers of such bodies when badly in- fluenced; and in some instances perhaps fairly reflects the disposition of many who have figured in Texas politics. Editorials in the StcUesman thus forcibly alluded at the time to the strange state of affairs existing between the college and the University: "WHOSE UNIVERSITY? "There are seveial propositions before the legisla- ture, which it is hoped the members will rise to the dignity of considering upon their merits, and in that patriotic spirit which should characterize a body of men delegated by the people to act for them in a sov- ereign capacity, and not, as the representatives of any :special interests, to the detriment of the general wel- fare. Certainly it is not the province of a legislator l)e- cause he happens to be a farmer, to insist that a branch of the University, because it alone is assumed to be, par excellence, a farmers' institution (which seems to be the assumption as to the Agricultural and Mechanical College) must be sustained at all hazards to the Univer- sity. The question is not what the farmers alone want, but what is best for all classes. If a farmers' college was all the people desired they would never have established the University. But they wanted some- THE UNIVEFiSlTY OF TEXAS. 71 thing more than such a college, as is evidenced by their munificent endowment, intended for its support, and not f scheme went along beautifully till it came to the- senate, when it was incontinently knocked in the head.. But in the free conference committee of the two> bodies, it again came to the front. In that committee^. Col. Claiborne, Galveston's senator, showed his hand. THE UNIVERSITY OP TEXAS. 7a-. He left his four brother senators and voted every time with the five house members, cutting out every amend- ment but two, that the senate had made to the appro- priation bill, even sacrificing the appropriation to furnish the new capitol, that Claiborne had fathered in the senate, and that had been added to the bill by the senate. In this action Senator Claiborne could have been actuated but by one motive — the success of his pet scheme of having the medical branch of the Univer- sity at once established at Galveston. ' The senate had changed the appropriation of $50,- 000 and given it with the accrued interest on the uni- versity's claim, amounting in all to $88,000, back to the university fund where it properly belonged. When this item was reached in the conference committee, Senator Armistead, backed by four of his brother senators, Frank, Glasscock, Jarvis and Simkins, took the firm stand that there was a senate connected with the Twentieth legislature and positively afiirmed, de- spite the threat of the house, to adjourn, without making any appropriations — that the senate would not consent to let this $50,000 go to the medical college, unless tha $38,000 interest should be given to the university fund. This being agreed to, the majority so reported to the house, but a minority report cutting out both of these appropriations was also handed in to the house, adopted by that bod}^, and later adopted by the senate.. Senator Claiborne, and Colonel Gresham, the Galves- ton member in the house, played too sharp a game.. They counted upon more influence than they could control. The A. and M. College people had landed their fish and deserted the medical fellows at the last moment. The medical branch lost its $50,000, and the old debt due by the State to the University is still outstanding. In addition to this defeat, these gentle- men have the mortifying consciousness of knowing they have cut down really meritorious appropriations and deprived the capitol of its new dress for two years to come." * * Alluding to items in the general appropriations for improving^ the capitol grounds and furnishing the new State house. 74 THE UNIVERSITY O*' TEXAS. RETROSPECT AND PROSPECTIVE. ISo far, the retrospect has shown remarkable struggles on the part of the advocates of higher education to get the University into operation ; how they have had to combat normal as well as abnormal conditions in the development of the country in order to overcome popu- lar prejudices, not only in the minds, but in the affec- tions of the people for the free schools as home institu- tions, and pets of the politicians: and how possibly, but for the influx and influence of educated men with more advanced ideas and experience as to the benefits and effects of university education in the older States, the hopes of the founders of the Texas University, with all its grandly planned endowment, might not even yet be realized. Much has been accomplished to dispel the mists of prejudice and open a bright prospective, but much remains to be done to keep step to the music of educational progress, and the grand march of this Empire State in political importance. Still as it is, and has been, and may be, there is glory enough in the history of education in Texas to kindle a spirit of pride in the establishment of the State University, and light up the future with bright anticipations of the time when all prejudice to higher education, if any yet lingers in the hearts of the people, will be removed and every true Texan will feel genuine pride in claim- ing, "This is my own. my Texas University.'' THE UNIVERSITY OF TEXAS. 75 CHAPTER II. THE UNIVERSITY'S RESOURCEvS. thp: university endowment. For a long time there seemed to be an impression in the minds of some members of t!ie legislature that the second million, making something over 2,000,000 acres of land altogether, including the fifty leagues, donated to the University, was intended at the time of the grant ot the last million acres, as a satisfaction of all claims by the University against the State, and con- sec^uently they were unwilling to admit that the legis- lature was under any obligations to return the money, which had been diverted from the university fund for the State's general revenue purposes. Mr. Steele and some other members of the Twentieth legislature, who opposed the University having an}^ further favors from the State, made this point, claiming that such had been the understanding with friends of the University, either in the house or the senate com- mittee on lands, or education They were never able, however, after the most diligent rummaging, to lind anything in the records to substantiate such statement, but, as already stated and referred to further along, they did succeed in having such a declaration incorporated, for all it is worth (?) in conncv'^tion with an appropriation for the University, by declaring the amount allowed to be "a loan., in full payment and satisfaction of all claims of the Univer- sity of Texas against the State of Texas." The fact as to this last million acres donation, as the history of the institution shows, is, that the University had never re- ceived the full benefit of the State's several university provisions, and that the State's subsequent donations have been onl}^ so many restitutions in land and money, so far as they went, but falling vastly short even yet of what rightfull}^ belongs to the University, under the original provisions, made for its endowment. That 76 THE UNIVERSITY OF TEXAS. donation did not, by over one-half, make good the do- main of which the University had been deprived by the State, for, as ma}^ be seen by reference to the origi- nal grant, and to subsequent legislation, and as the facts and figures demonstrate, the University had been deprived of over one million two hundred thousand (1,200,000) acres. All this had been done while the institution, for all legal purposes, was but an infaut, unable to protest against acts that violated not only the spirit of the first constitution, but the intent of other acts, and especially against spoliation of its rights by the constitution of 1876, as that constitution impaired the act of 1858, which had given the University one hundred thousand dollars ($100,000) of United States bonds, then in the State treasury, confirmed to it the grant of fifty leagues of land, donated by act of 1839,. and set aside every tenth section that might thereafter be surveyed for school purposes, under grants to rail- road companies (Act of January 30, 1854). There were no laches on the part of the University all this time, because it had not been established, so as to be in condition to assert its claims before the legislature, or- other tribunals, and was like a minor, without parent or guardian, save as the State chose to pay any atten- tion to its interests, and such attention as it did take, being too often unfriendly to the institution, or preju- diced by political influences. The University then being in its infancy, and too weak to have its claims presented, much less enforced, and having really no advocate to plead its cause against the imperious will of the legislature, the State used its funds, and diverted its lands at pleasure, without protest in the University's behalf from any quarter. And now, even at this late day, all that is asked is, that the State in a spirit of justice and in the amplitude of its power, with abundant landed and financial resources, make reason- able restitution. Alluding to these facts in the history of the Uni- versity, Judge Terrell, in his speech in the State senate, April 19, 1882, on the bill then pending to set aside^ two million acres of land for the University, said : "Had that law (Act of 1858) not been disturbed by THE UNIVERSITY OF TEXAS. 7? the constitution of 1876, the University would now (1882) own three million two hundred thousand (3,200,000) acres of land, instead of having to apply to the legislature for a donation which, in effect, would be but so much restitution of its original endowment. At the very time when the effort was made to despoil it of its endowment by a clause in the constitution of 1876 (the effect of which those who made that instru- ment could not foresee), there was then due to the University one million seven hundred thousand (1,700,000) acres of land. But by the constitution of 1876, all the alternate sections, reserved by the State out of grants to the railroads, including every tenth section given to the University, were appropriated for public free schools, and one million acres onl}^ were given for the endowment of the University." Thus it will be seen that the constitution of 1876 in effect deprived, the University of seven hundred thousand (700,000) acres, which it then ow^ned under •existing laws and deprived it also of every tenth sec- tion surveyed since, amounting to one million five hundred thousand (1,500,000) acres more, subject to further increase as the extended surveys would pro- duce. Another instance of what Mr. Prendergast would call "justified diversion.'' So much for the spoliation to which the land en- dowment of the University had been subjected by the constitution of 1876, the spoliation aggregating as shown over two million two hundred thousand (2,200,- 000) acres, till reduced by the last million acres dona- tion by the Eighteenth legislature. This action of the constitution of 1876, was clearly in violation of that provision of the federal compact which declares that **no State shall deprive any person of property without due process of law," for the University was now a legal entity, or juridical person, so far as having rights to be protected, and could not, more justly than any other personalty or individual, be deprived of its rights, and heritage from its founders, the fathers of Texas, either by State constitution or legislative enactment. An enactment diverting its fund, being an act of the legislature, is a "process of law^" it is true, but it is un- 78 THE UNIVERSITY OF TEXAS. just, t}ranical and violative of the aims of the federal constitution to protect vested rights of property. How- ever justified the J^tate may be in using the most sacred funds in its keeping in case of such emergencies as war or famine, it is not justified in refusing to make restitu- tion when able. Even under the common law, a father cannot take back or impair a donation to his child.. Yet, here was the State, a parent as it were, depriving its own political offspring, the University, of a vast do- main, without protest being made, or any sort of legal action being taken for its protection, So much for the University's need of an amicus curise to guard its in- terests. Had it been then organized, so as to have had some vital head to act in its behalf, or had some bold friend stepped forward, as in the "Dartmouth College cases," with money to raise an issu^ in the courts, who knows but that the University of Texas would have be- come as celebrated in litigation as Dartmouth College?*^ TF.XAS UNIVERSITY LANDS. The following extract from an Austin correspond- ent's communication to the St. Louis Globe-Democrat^ pretty fairly condenses the facts as to the University lands at that time : "Austin, Tex., Nov. 18, 1887. — The bad manage- ment of the State's endowment of two million acres of land to the State University, is a striking demonstra- tion of the folly of a State controlling the resources of such institutions, instead of entrusting them to the direction of the University authorities. The State has persistently refused to grant the University regents any control of these lands, and as a result of their being still no special concern to the State, they have been for many years a prey to 'free pasturage' for the herds of the cattle barons. Not until lately have the State agents, appointed by the land board, began to look after them, and bring the trespassers to account. In fact, under the State's peculiar land policy, there seems * It is the opinion of Capt. Walsh, late State land commissioner, that this diversion of University lands to the school fund might have been averted if the people of Austin had been alert and conscious, or even suspicious of the danger of such diversion being made to the prejudice of the University. THE UNIVERSITY OF TEXAS. 7- to be no way to prevent free grazing on the lands, as long as the parties using them do not inclose them to the exclusion of actual settlers who may elect to pur- chase some of the lands, and very few lease them, or care to do so, as long as they can be used gratis. This is certainly a strange anomaly in the law, going far to show^that the University lands, at least, should be taken out of the control of vState legislation, which constantly does the University the injustice of subjecting its lands to arbitrary regulations which cannot apply to them with the same fairness as to school lands, which were selected for their superior location and water advan- tages, before the University lands were designated. "The folly of State control of such interests was further strongly demonstrated by the fatuous action of the State land board, which refused to allow the re- gents, to lease six hundred thousand (000,000) acres of the University lands at five cents an acre, because the board had et-tablished six cents as the minimum for all State lands, and would not relax the rule, even in so important an interest as that of the University's neces- sities, and this, although the University lands were really a separate interest and too small a matter, com- pared to the immense domain of the free schools, to affect competition for the school lands. Consequently the University was denied thirty thousand dollars annual rental for its lands, without any possible benefit resulting to the school fund. The land boards illogi- cal, if not prejudiced determination, however, seems to have been in harmony with, and to that extent justi- fied, despite its cruelty to the University, by the harsh policy of the legislature to do nothing for the Univer- sity lands, unless it somehow benefits the school lands; and as a consequence, land donations to the University, stand little chance of success, unless the bills, propos- ing such grants, make like provision for the common schools. Thus the University suffers, not only by the State's cruel indifference to its interests, but on account of general partiality for the free schools, so that it seems impossible for it to be treated fairly in competi- tion with the schools, as pets of the people, and the great hobby of Texas politicians." 80 THE UNIVERSITY OF TEXAS. The same correspondent adds : "And not only this, but the State has paid no at- tention to collecting, over fifty thousand dollars, ($50,- 000), due the University for arrears on land notes' in- terest, and has used large amounts of the University's land fund, without manifesting any disposition to re- turn the money, which was held by the State in trust for the University. As a result, too, of uncertain grants and bad locations of University lands by State authori- ties, some of the locations of the University's two mil- lion acres, embraced barren sand flats, for which the State is now asked to substitute good lands, such as the act of donation contemplated. To this end, some fine locations, in what is known as the ' San Elizario ' grant on the Rio Grande and others in the 'Pacific Reserva- tion ' have been designated for substitution by Land Commissioner Walsh. ^ It transpires however, that the title to the San Elizario lands is disputed. The Uni- versity also claims nine and four-tenth sections of what are known as ' Navigation Lands,' on the ground that the University act of February 11, 1858, did not annul the provisions affecting the University, in the act of February 11, 1854. "In their report of January 8, 1883, to Governor Roberts, the regents speak of an offer in cash of one million three hundred and fifty thousand dollars, ($1,- 350,000), for the first million acres of land donated to the University. They had no authority, however, to accept the proposition, and the land board, it seems, would not or did not make any concessions in the matter. "The branch for the instruction of the colored youths of the State, is included in the endowment by act of April 10, 1883 of one million acres of land to the University. For the want of available means, however, nothing has yet been done towards the estab- lishment of this branch, but in the meantime, the State has been fairly liberal instead, in making appro- priations for the support of tho Prairie View Normal School, for training colored teachers, which is located at Hempstead." THE UNIVERSITY OF TEXAS. 81 THE TW0 GRANTS OF ONE MILLION ACRES EACH. The first million acres of land granted to the Uni- versity by the Constitution of 1876, was, by act of 1879, located in sections of 640 acres in Crockett, Pecos and fom Green counties, where they are surveyed in large bodies and are mainly prairie lands more suitable for pasturage than agriculture. "Of the second million acres granted by the act of tlie legislature, approved April 20, 1883, there have been no lands either sold or leased. All of this land is therefore in the same condition as the bulk of the land in the first million acres. That is to say, it is not bringing any income to the University, and at the same time, is used by any and every body, without license and without title. After the survey of this million acres, and its location in Tom Green, Andrews and Martin counties, it was discovered that a large part of it was and is almost if not entirely a desert. Upon bringing this fact to the knowledge of Land Commis- sioner Walsh, he made an exchange of this land for other lands in El Paso county, as stated in the follow- ing extract from his report to His Excellency, the Gov- ernor of the State : ' University lands amounting to one million acres, were surveyed under authority of the act of April 10, 1883, upon what was then sup- posed to be the best of the vacant land reserved by former acts. Subsequently in the adjustment of the Texas and Pacific eighty mile reserve and correction of surveys, good pasture lands were discovered in El Paso county, superior in every respect to much of the first selection. On learning these facts, I consulted with the Regents, and through them, arranged for the survey of sufficient of this land to replace what was found of the original survey to be sandy and in con- fiict. This work has now been completed, and maps and field notes of the blocks returned and filed in this office. It might be well for the legislature to confirm this exchange and restore the rejected portion of the first survey to the reserve. All the land of both sur- veys is included in the reserve not subject to location, 6-L S-> THE UNIVERSITY OF TEXAS. and therefore the suggested legislation would only be a selection.'" "This land of the second survey is all in El Paso county, and lies in two bodies. One body contains 4^8,539 acres, and lies in the northwestern part of the county. The other body of land lies from twenty-five to thirty-one miles southeast of the city of El Paso, and on both sides of the Rio Grande." (Regents report to Governor Ireland.) This selection stands, as the legislature seems to have deemed the action of the land commissioner suffi- cient without any action on its part; at least it made no obiection to the substitution. There is an adverse claim, as a grant to the Pueblo of San Elizario, to some of the land alluded to, as being 'southeast of El Paso.' on the Rio Grande, and specifically referred to in the report to the regents by the University's land agent, Mr. Williams. Under the facts therein presented, the regents feel assured that the State is clearly entitled to the land, for the benefit of the University. The regents have to regret that the State has not brought suit for these lands, if for no other reason than to preserve testimony likely to be impaired by the death of witnesses. THE state's land MANAGEMENT. Every attempt in the legislature failed, which looked to turning over the control of the University lands to the regents, and constituting the regents a corporate body for their management. Governor Ross, like Governor Ireland, did not favor such a proposi- tion, though admitting, in his message to the Twenty- First legislature, that "the history of similar interests in other States showed that it had proven wise and iudicious in those States." In Texas, however, he ob- jected, that it would necessitate "a kind of branch land office, requiring agents for the work, as the regents could not attend personally, on account of their private business, to the management of such large landed in- terests. " In answer to Governor Ross' objections, it may be cited that the regents of the University of New York THE UNIVERSITY OF TEXAS. 83 control resources of the university and connecting in- stitutions, amounting to twenty three million dollars ($23,000,000) in value; and that States having univer- sities witli landed endowments have all, with the ex- ception of Texas, turned over these lands to their university authorities, and that the University of Cali- fornia is realizing four times as much from its lands under the management of its regents as it did when thev were controlled by the State. (See register of California University 1879-80.) Hon. R. M. Hall, the State land commissioner, in his i-eport to Governor Ross, after citing the facts, as to the difficulty of leasing the University lands, recom- mended that the regents be entrusted with the work, and made other importjint recommendations as follows: "Of the two million acres belonging to the Uni- versity fund, only 77,437 acres are leased, being a little more than oncvthirtieth of the whole, while of the school lands, more than one-fifth are under lease. *'It is desired to call special attention to this, inas- much as it is evident that without some modification of the terms of the lease of the University lands, very little revenue will be derived therefrom. Extraordi- nary exertions have been made to effect the lease of these lands under the present law, but up to this time the results are far from satisfactory. The amount of school lands leased, compared to that of University lands, presents a contrast which will not be understood by the public without some explanation. It is per- fectly plain, however, when the circumstances are given, that these results were inevitable. "The school lands alternating with other lands were leased largely by the owners of these alternates. When the present law took effect, the school lands, to a great extent, were occupied by established ranches, whose owners leased promptly. Most of these lands were also in reach of population and sufficiently wat- ered for immediate and profitable use for stock raising. With the University lands, the conditions are totally different. They are located in large bodies and in solid blocks, so that that the lessee is compelled to pay for the whole area appropriated to his use, instead of the 84 THE QNIVERSITY OF TEXAS. half as in the case with school lands. The University lands are without permanent water, and for the most part too distant from water to be utilized. They are^ also remote fi'om population. Thus the school lands offering superior inducements and atti-actions and being more than sufficient to supply all immediate demands to lease, it is readily perceived that under the present conditions, other results could not reasonably have been expected. "At present, there seems to be no demand for the purchase of University lands. Therefore, in order to utilize them for the purpose for which they have been segregated, it is necessary to adopt one of two plans^ viz: Either the rental must be reduced and the term of lease extended sufficiently to induce private parties to develop \\ater and otherwise put these lands in ^hape- for use, or else the State must provide the water neces- sary to make them profitable and available at the pric& now fixed by law. The latter plan is not desirable^ even if feasible at all with safety to the IState; hence it is with confidence that the recommendation is made^ that the rental of the University lands be reduced to 3 cents per acre per annum, and the maximum teim of the lease extended to ten years. Another solution still is to place these lands in the care of the University authorities. The regents of the University are gen- tlemen in whose hands the interest of that institution would doubtless be entirely safe. A careful considera- tion of this matter may suggest the wisdom of placing the Universit}' lands under such control, by the issu- ance of natents to the regents and their successors in office. If this is done, however, the rights of actual settlers who have settled upon and improved any of these lands with a view of availing themselves of the provisions of existing laws, should be provided for most amply. Certain of these lands have been occu- pied for years by settlers who are awaiting the deter- miniation of question of title. Such settlers should be allowed to purchase upon such terms as, reasonably, they had a right to expect at the date of their settle- ment. THE UNIVERSITY OF TEXAS. g'^ "It is clearly against good public policy, that any- one should be allowed to appropriate to his own ex- tjluh^ive use lands belonging to the IState without paying for the same. One object of the lease law is to pre- vent this. But it is proper, perhaps, to admit that the chief object of the lease of the public lands is revenue. It is witliin the province of statesmanship to inquire into the workings and effect of the law up to this time, "with a view of safely determining whether or not the interests of the whole people and the prosperity of the Htate may be advanced by some modification of the same. From experience as stated above, it is demon- strated that a reduction of price and extension of term is necessary to secure the lease of University lands." In their report of IS.'SO, the regents say: "In ad- dition to the fifty leagues of land granted in 1839 by the Republic of Texas, the State reserved for the bene- fit of the University, every tenth section of land gran- ted or that migiit be granted to railroad companies or to the Galveston and Brazos Navigation company. It is estimated that this grant, had it not been impaired by -the action of the convention of 1875, would have reached the magnificient proportions of one million six hundred thousand acres, situated in the most thickly settled part of the State, and worth perhaps on an average $o per acre. It can easily be seen that the land given subsequently, in lieu of this appropria- tion, is in no sense an equivalent. Had these tenth sections of railroad land remained as appropriated, the University would now be in no necessity, and so far as material resources are concerned, it would be perhaps, the most completely equipped public institution on the continent." Unfortunately for the University, the million ^cres given by the State, in lieu of the fenth sections, were not near so valuable and fell vastly short in quan- tity as well as quality of the grant for which they were substituted to the University. OLD INDEBTEDNESS TO THE UNIVERSITY. One of the most comprehensive and at the same time justly liberal propositions presented in the inter- 86 THE UNIVERSITY OF TEXAS. est of the University, and its branches, was an act pro- posed by Representative McGaughey of Hood, since nominated on the Democratic ticket for State Land Commissioner, "An Act to pay the old indebtedness of the State to the University, and to give the regents control of the University lands; to better establish the relations between the University and its branches, by placing them all under a new board of management, and giving them each additional and separate land en- dowments out of the Pacific railway reservation as a compromise; and making provisions for acceptance of donations from Galveston and the executor of the Sealy estate for the early establishment of the medical department of the University at Galveston." One ob- ject of this bill was to increase the land endowment of the A. and M. College to an extent that would be satis- factory to the friends of the college, as an independent endowment of its own, to be accepted in lieu of any future appropriations to the college from the funds of the University. The bill, however, was never reported back to the house. Another bill by Senator Glasscock and one by Rep- resentative Gresham, both giving the regents of the University control of its branches and of its lands, and other like measures were also pigeon-holed, adversely n^ported, or otherwise defeated. The legislature would, not even entertain such measures; nor would it coun- tenance a very fair proposition of Representative Hudgins, of Bowie, which Representative Moore, of Travis, among others, most earnestly advocated, to pay the University some $212,000 (including interest) in place of University funds used by the State. As fur- ther evidence also of the strange jealousy in the minds of some members as to free schools and the University, the proposition of Mr. McGaughey was promptly fol- lowed by a bill introduced by Mr. Curry, of Van Zandt, which would virtually have appropriated about all the reserved public domain tp the free school fund and would have defeated tJie University bill, whether so intended or not, and would have excluded all other institutions, except the free schools, from further land bounties by the State, and have left them no recourse THE UNIVERSITY OF TEXAS. 87 for future tState aid except from the State's general rev- enues As if in some measure to meet this proposition, Mr. McGaughey introduced another bill, House bill 593, "To perfect the organization of the University of Texas and its branches; to give the regents control of its lands; to appropriate the states 'scrap lands,' in the organized counties, to the common schools; and to settle all conflicting interests." This was reported favorably from the committee, but was not reached on the calen- dar for consideration. As this gentlemen will doubt- less be elected State land commissioner, his legislative experience and official position, coupled with his regard for the institution, will, it is hoped, enable him to be of effective service to the University in the management of its land affairs, and utilization of its landed resour- ces. As to Mr. Curry, since that gentleman said noth- ing to specially indicate his feelings in the matter, the writer does not wish to be understood as assuming, that on account of his attachment for the free schools, he was necessarily unfriendly to the University. ACTION OF THE TWENTIETH LEGISLATURE. Just here it is interesting to note the several meas- ures, directly or indirectly affecting the interests of the University, as they were introduced in the Twentieth legislature. In his message to that legislature, in regular ses- sion (1887), Governor Ireland made the following sug- gestions as to the University : " i'his institution is in its infancy, but on a perma- nent basis. The faculty is an excellent one, and we look forward to the near approach of the time when our people will educate their children at home, and the children of Texas will crowd the walls of the Univer- sity of Texas. 1 trust that a way will be found of enab- ling the regents to speedily complete the building, and to put into operation the medical department. In this connection, I call the attention of the legislature to the claim against the State for money used at the Prairie View Normal School in 1881-82, amounting to $22,- 495.75. This amount should be refunded to the Uni- 88 THE UNIVERSITY OF TEXA8. versity. I invite attention to the report of the board of regents, a copy of which I herewith transmit." Governor Ross, in his inaugural address as suc- cessor of Governor Ireland, did not allude to the Uni- versity, or other State institutions, treating mainly of general affairs of State policy. Bills, however, relating to the University, were in- troduced in the senate as follows: By Senator Frank, Senate bill 14.3: "An act to turn over to the regents of the State Universit}^ the University lands." Referred to judiciary committee, and then to the committee on education, which recom- mended its passage. Subsequently the committee reported Substitute Senate bill No. 148: A bill to be entitled "An act to provide for the exclusive management and control of the land of the University of Texas, by the Board of Regents, with the power to sell or lease the same, and to institute the necessary suits concerning said lands," and the bill was taken up as the second special ordeiv On motion of Senator Glasscock, the bill was con- sidered section by section. Senator Field offered the following amendment to section 1: Amend by inserting after the word "univer- sity," in line six page one, the following: "and its sev- eral branches." Senator Houston spoke in opposition to the amend- ment and the bill. Senator Simkins spoke in favor of the amend- ment and the bill. Senator Field spoke in favor of the amendment, and it was adopted by the following vote: Abercrombie, Allen, Bell. Burney, Calhoun, Camp, Field. Frank, Glasscock, Harrison, Knittel, Lane, Mc Donald, MacManus, Pope, Simkins, Terrell, \^'^oodward- — Yeas, 18. Burges, Claiborne, Houston, Jarvis, Woods. — Nays, 5. Douglass of Jeflferson, Gregg, Upshaw. — Absent, 8. The bill, with some minor amendments was en- grossed and passed. The committee on education reported favorably THE UNIVERSITY OF TEXAS. 89 ''All act to confirm the exchange of lands made by the land commissioner of Texas for the University of Texas, and to restore the rejected l)locksof land to the reserved public domain." The bill was tabled in the house on motion of Mr. Prendergast ol' McLennan. . Senator Glasscock introduced Senate bill 320 : "To •define the University of Texas and its branches, and to perfect its organization, and to give the regents of the said University, the control of its branches, and of its lands." The bill was not reported from the committee. Secretary l^ambert, of the house, reported April 2, 1887, to the senate, that "the house killed" sundry bills named, among them Senate bill 143, ''An act to provide for the exclusive management and control of the lands of the University of Texas, by the board of regents, with the power to sell or lease the same, and to institute the necessary suits concerning said lands." The following message was received from the house : House of Representatives, ) AII^TI^•, April 4, 1887. f ■Hon. T. B. Wheeler, President of the Senate, Sir — I am instructed by the House to inform the the Senate that the House has adopted the repoit c»f the minority of the free conference committee on Hou.se bill No. 448 — general approi)riation bill, on ,the item granting $87,801.60 to the University, etc., by a vote of 69 ayes, 2u nays. Will i.AMiiEKX, Chief Clerk House Representatives. The minority report was submitted as follows: Committee Room, Austin, April 4, l'S87. Hon. George C. Pendleton. Speaker of the House of Re]>- resentatives, and Hon. T. B. Wheeler, President of tlie Senate. We, a minority of your committee of free confer- ence on House bill No. 448, known as the general ap- propriation bill, beg leave to dissent from the recom- mendation of the majority in reference to the payment 'Of $87,801.60 to the University and its branches, and 90 THE UNIVERSITY OF TEXAS. for the establishment of the medical oranch at Gal ves- ton. Without expressing an opinion as to whether the State is justly due the University this amount or not, we respectfully assume that in consideration of the number and amounts of the extraordinary appropria- tions this Legislature has seen proper to make and the gloomy prospect of collecting our usual amount of rev- enue, because of the distressed condition of many thousands of our tax paying citizens, that it is unwise and indiscreet to further burden the State treasury at this time by paying this at least disputed claim to the University. In justification of this report, if any is needed, we refer to the large deficiency bill we have had to pass, amounting in round number to $800,000; given for the relief of the drouth sufferers, $100,000; for the estab- lishment of a house of correction and reformatory, $50,- 000; and for a branch asylum for the blind, and deaf and dumb of the colored race, $50,000; besides the cost of this Legislature and the increased appropriation to several State departments, because of constitutional amendments submitted, a changed land policy, etc. Not less than $725,000 has been or will be soon drawn from the treasury because of these items alone, and that, too, at a time when we can ill afford, in con- sideration of the distressed condition of the great in- dustrial classes of our State, to demand of them a greater amount in taxes than is actually necessary for the economical administration of government. In conclusion, we beg to say that, although not in- dorsing all the items in this bill ,we concur in the report of the majority of the committee with the exception of the item hereinbefore mentioned, and that we adopt the said ro.ajority report and ask that it be made a ;'^art hereof with the exception of said item. Try ^' > Of the House Committee. In the House in the regular session of the Twen- tieth legislature (1887), Mr. Hudgins introduced House bill 332, "An act to restore to the funds of the Uni- versity of Texas divers amounts of money drawn there- THE UNIVERSITY OF TEXAS. 91 from by the State of Texas for other purposes than those pertaining to the University, and to provide for the payment of interest on said amounts." Referred to judiciary committee and then to finance committee, but was not reported from the committee. Mr. Larkin presented a petition from citizens of Henderson county, asking that one-third of the avail- able fund of the University, be set apart to be con- trolled and disbursed by the board of directors of the Agricultural and Mechanical college for its develop- ment, support and maintenance. Referred to finance committee. Governor Ireland in his message to the legislature,, in which he refers to the University, as already noticed, refers also to the college as follows: ''I am glad to be able to announce that this institution is in a most flourishing condition, and that it has been brouglit to something like that high standard intended by its founders. Within the last few months, the institution has had to mourn the loss of the president of the board of managers in the death of ex-Senator Pfeufier. In the demise of such a man, the country lost a most valuable citizen and the college, a most zealous and ef- ficient supporter. The sons of the farmers and me- chanics of this State are repeating a rich harvest from this school." Committee of the legislature to visit the A. & M, College, reported generally, favorably to the institution,, but say: '"Your committee not having sufficient time to examine fully into the working and management of the A. and M. College, we cannot make as full and ex- plicit report and recommendations as we would like to do. But we are lead to believe, from what we saw that the amount of money expended by the State on the agricultural has not so been so expended as to bring that branch of the college up to the expectations of the committee, and the requirements of the State." Mr. Gresham, February 2, 1887, introduced House bill 354, " An act to provide for the exclusive manage- ment and control of the lands of the University of Texas by the board of regents, with po\\ er to lease or 9.2 THE UNIVERSITY OK TEXAS. sell the same, subject to the governor's approval, and to institute necessary suits concerning said lands." The bill provides that the lands of the State Uni- versity of Texas shall be under the exclusive control of the board of regents, subject to the governor's approval of any suit said board may desire to institute; that all contracts made by said board of regents shall be de- posited by the State treasurer, who shall do all collect- ing, and such collections shall be placed to the availa- ble and permanent fund, as they may belong; that the board of legents shall have full power to open offices and to appoint and pay agents necessarj for the man- agement of such lands, and lAso to enforce contracts to settle disputed boundaries, etc.; that upon certificate of the board of regents of a contract of sale, the commis- sioner of the land office shall issue patent of land to purchaser of lands. Reported adversely, March 10, 1862, there was to the credit-of the University, $16,694.77 in treasury warrants, and that from January, lc'56'J, to June, 1865, there was received in warrants the addi- tional sum of $5,836.03, making a total of $22,530.80' to the credit of the University fund. The non inter- est bearing warrants, amounting to $10,300.41, were cancelled under the following circumstances, as given by Comptroller Darden. in his report dated January 6, 1881: ^'Attention is called to the item, |10,300.41 in comptroller's certificate of debt, appearing to the credit of University land sales account. '1 his certificate of indebtedness was issued to that fund by the comptrol- ler, W. L. Kobards, June 8, lMi5, in lieu of a lik amount of !^tate warrants which had been paid in to the credit of that fund for the purchase of University lands, under act of December 13, 1"63. These war- rants were destroyed and the indebtedness of the State to the University fund was recognized by the'comptrol- ler by the issuance of the certificate of debt." This cer- tificate of debt was recognized by the act of February, 1^83, and ordered to be paid in full; but the $12,230.39 in warrants bearing 10 per cent interest has never been paid. All of which is evidenced by the following statement from the comptroller in answer to inquiry of November, 1886: Office of Comptroller, Austin, Nov. 23, 1^86. Hon. T. D. Woolen, President Board of Regents, Avstin^. Texas. ''Sir — In compliance with your request that I in- form you how much of the University fund has been at different times appropriated to the general expenses of the State government, and whether all sums thus appropriated have been restored to the University fund, I give you the following facts shown by the books and records of this department: 'By authority of an act of the legislature, approved. THJi: UNIVERSITY OF TEXAS. 97 January 31, 1860, there was transferred from University fund to the general fund for the ordinary expenses of the government, the sum of $100,000, in United States bonds, and interest on the same $9,472.26. By authority of the act of the legislature, approved -January 29, I&61, there was a further transfer of $9,- 768.62 from the University to the general fund for pro- ceeds of sales of University lands. On February 8, 1861, another act of the legisla- ture was approved, by which the additional transfer of $25,000 was authorized from the University fund, and by a subsequent act, passed January 9, 1862, another transfer was made from the University fund to the general fund, amounting to $1,520.40, making the total amount of University funds used in payment of the ordinary current expenses of the State government as follows : By act of January 31, 1860 $109,473 26 By act of January 29, 1861 9.768 62 By act of February 8, 1861 25,000 00 By act of Januarv 9, 1862 1.520 40 Total $145,761 28 The last transfer, viz.: January 9, 1862, consumed the whole of the University fund, with the following exception, viz.: Specie $ 57 Treasury warrants $4,638 97, and 10 per cent treasury war- rants $12,055 80 16,694 77 From January, 1862, to June, 1865, received in warrants *. . . 5,836 03 Making a total of warrants belonging to the University fund t 22,530 80 Classed as follows ; !Non interest bearing warrants $10,300 41 Ten par cent interest bearing warrants 12,230 89 These warrants were received from the sale of University lands and were paid into the treasury under authority of an act of the State legislature, permitting the purchasers of University lands to make payment in treasurv warrants. Received into State treasury from 1859 to 1863 inclusive. On the 8th of June, 1865, the non-interest bear- * Warrants, $5,661.44 ; interest bearing warrants, $174.59 ; total, $5,836.03 t Warrants, $10,300.41 ; interest, $12,230.39 ; total $22,530.80. 98 THE UNIVERSITY OF TEXAS. ing warrants, viz.: $10,300.41, were cancelled, and a certificate of indebtedness on the part of the State issued to the University fund, by Hon. W. L. Robards, then comptroller. The remaining warrants, $12,230.39, belonging to the University fund, appear to have been dropped from the books of this office in compliance with section 3, of ordinance XII, of the constitutional convention^, "securing the common school fund and the University fund, and for other purposes," passed April 2, 1866. They were received into State treasury from 1859 to 1863, inclusive. J In accordance with the provisions of an act of the legislature approved November 12, 1866, there was issued to the University fund $134,372.26 in 5 per cent State bonds. These bonds covered the first and third transfers from the University fund, viz.: $109,472.25 and $'J5,000.00. No further reimbursement of the University fund appears. § No provision appears ever to have been made by the State to restore to the University fund the amount embraced in the second and fourth transfers, viz.: $9,768.62 and $1,520.40, aggregating $11,289.02. By the provision of an act of the legislature, ap- proved February 23, 1883, the $134,172.26 in 5 per cent bonds, with interest, and the $10,300.41 certificate of debt were paid in fuil, leaving yet unrestored the amounts borrowed from the University funds by the act of January 29, 1861, and January 9, lc*62, $11,- 289,02, and State warrants received in payment of Uni- versity lands $12,230.39, the two items amounting to thfesum of $23,519.41. Respectfully, Wm. J. Swain, Comptroller." Attention is respectfully called to the fact that, in X There was thus left to the credit of the University land sales ac- count, only $10,300.41 comptroller's certificate. The several acts pro- vided that the several appropriations should be refunded. § Deducting the amount of the bonds from the amount of cash borrowed ($145,761.28), we have $11,889.02, which appears wa« never restored, over and above the $12,230.39, in warrants, dropped from the books of the department, under ordinance of the convention. THE UNIVERSITY OF TEXAS. m the opinion of Comptroller Swain, there is no reason why the amounts borrowed froia the University fund by the act of January 29, 1861, and January 9, 1862, $9,768.02 and $1,520.41, should not be restored to the University. But the comptroller is of the opinion that interest bearing warrants, amounting to $12,230.39, were dropped from the books of his office in com- pliance with section 3, of ordinance XII, of the con- stitutional convention, "securing the common school fund and the University fund and for other purposes." passed April 2, 1^66. This section, so far as the Uni- versity is concerned, reads as follows: "Be it ordained, etc.. That the legislature, at its first session, shall pro- vide for issuing coupon bonds of the State for the 5 per cent United States bonds, and interest, transferred from the University fund to the State revenue account, inFebruary, 1860, and when issued they shall be placed in the treasury to the credit of said fund. Be it fur- ther ordained. That the legislature of this State shall have no authority and are hereby forbidden to assume or provide by taxation or otherwise, for the payment of any other claim or pretended liability of the State to said fund, not enumt^rated in this ordinance." In view of the fact that the next legislature conven- ing in the same year in which the convention met, and under the constitution adopted by it, did assume and pro- vide for the payment of other claims, to-wit: The $25,- 000 borrowed by act of February 8, 1861 ; and in view of the fact that Comptroller Robards, who was fully aware of this constitutional provision, recognized as valid the $10,300.41 in warrants, by keeping this item on his books, the regents respectfully suggest that the ordinance referred to by the comptroller was intended to be construed as referring to fraudulent and pretended claims, and not to money borrowed by an act of the legislature, which solemnly pledges the State to refund the same as soon as possible, nor to warrants which were received according to law in payment for Univer- sity lands for which patents were issued by the State. It is presumed that the convention of 1866 did not in- tend to deprive the University of any part of its appro- priate fund, for in article X, sec. 8, of the constitution 100 THE UNIVERSITY OF TEXAS. adopted by this convention, it is ordained that "the moneys and lands heretofore granted, or which may hereafter be granted, for the endowment and support of one or more Universities, shall constitute a special fund for the maintenance of said Universities; * * * and the legislature shall have no power to appropriate the University fund for any other purpose than that of the maintenance of said Universities." The -opinion is also ventured that this claim of $12,230.39 from interest bearing warrants, and the claim of $11,289.05 borrowed money, would have been recognized, as was the debt of |25,000, had they not been simply overlooked; there being up to lb82 no board or officer whose especial business it was to bring to the notice of the legislature matters relating to the Universitv and its endowment. The regenljs therefore ask that $12,230.39 with in- terest at 10 per cent from June 1, 1856, be repaid to the University fund. To recapitulate: The funds of the University claimed to have been appropriated to other purposes by former legislatures and still remaining unpaid are as follows: A— The Prairie View Normal School Appropriation $14,495 73 Interest 8,214 26 B— Monfy borrowed for State expenses 11.289 02 Interest 24,540 48 C — Unredeemed warrants 12,230 39 Interest 28,028 00 Total $98,797 88 Respectfully submitted, Thos. D. Wooten, President Board of Regents. THE comptroller's STATEMENTS. University of Texas, April 10, 1888. To His Excellency, L. S. Ross, Governor of Texas. Dear Sir — In accordance with your request of March 28, that you be furnished with information in regard to money due the University from the State, the following, in addition to statement already ren- dered, is most respectfully submitted : In compliance with the act of January 4, 1862, .and of December 16, 1863, of the Texas legislature, THE UNIVERSITY OF TEXAS. lOT C'oiifederate notes were received by the IState during the years J 862-1865, in payment for University lands. In Paschal's Digest, Article 3571, and note, it is said that "very large amounts, due the University fund, were paid in Confederate money, under these laws." The regents have had some difficulty in ascertain- ing the exact amount paid for University lands during the war in Confederate notes, and also in ascertaining the disposition of this money by the State authorities.. Both of these points can now, however, be clearly stated ; and the attention of your Excellency is most respectfully invited to their consideration. When the Texas State convention assembled in Austin, February 7, 1866, ''to alter or amend the con- stitution of the State," one of its first acts was to ap- point a ''committee on finance," to audit, among other duties, the several trust funds of the State. On March 23, 1866, that committee reported as follows: ''The committee find there has been paid into the treasury, on account of University lands: Specie on account, principal and interest on notes $ 37,932 04 Ten per ceut iDtere>*t bearing warrants 12,230 39^ Non luterest beariug warrants 10,300 41 Confederate notes 114,804 4& Transferred to State revenue account 203,901 30 Amounting to $379,168 62 which has been converted and expended, during the war, by the State authorities." (Journal of the Texas State Convention of 1866, page 275.) A letter of inquiry was addressed to the comp- troller, asking for information in regard to the item "Confederate notes $1 14,^04. 18." The following answer was received : "Office of Comptkollrr, Austi.v, April 6, 1 " Dr. T. D. Woolen, President Board or Regents. Univer- sity of Texas., Austin, Texas. "Deak Sir — In reply to yours of the 4th inst., in which 3^ou ask the following: 'Referring to the report of the finance committee, as published in the Journal of the Texas State Convention, assembled in Austin, February 7, 1866, page 275, I beg leave to ask, whether 103 THE UNIVERSITY OF TEXAS. the amount of $114,804.48, mentioned by the commit- tee as having been paid into the treasury in Confederate notes on account of University lands, has been kept on your books to the credit of the University fund? If not, why was it dropped?' — : 1 have to state, that the books of this office show the items that go to make up the 1114,804.48, referred to, disposed of as follows: 140,000.00 was transferred to State revenue account on the 30th of May, 1863, by order of comptroller; $74,- 804.48 was turned over to the Confederate States depos- itory at Austin, on February 28, 1865, to be exchanged for C. S. bonds, or notes of new issue. This is the last record made of this item. Neither of the amounts re- ferred to, as making up the $114,804.48, have been restored to the University fund. Respectfully, John D. McCall, Comptroller. Upon the request for additional information and statement covering the period referred to as "during the war," the following balance sheet and explanatory letter were received : UNIVERSITY FUND ACCOUNT. 1858 Nov. 1 To aiuounr, receipt balance on hand this date in United States bonds $100,000 00 To specie 1,972 29 1859 Aug. 31 To amount of interest on United States bonds dur- ing month of August 5,000 00 Nov. 30 To land sales in November 8,801 00 Dec. 31 To land sales in December 11,180 44 1860 Jan, 31 To land sales in January 645 84 Feb. 19 To interest on United States bonds to January 1 2,500 00 To land sales in February, specie 584 72 Mar. 31 To land salt s in March, specie 199 16 Aug. 31 To land saies in August, s{)ecie 203 84 Nov. 30 To land sales, quarier specie 5,781 18 1861 Feb. 28 To land sales, quarter specie 10,526 70 May 31 To land ?ales, quai'ter specie 2,765 78 Aug. 31 To land sales quarter specie 395 27 Nov. 20 To land sales, quarter specie 2,601 17 1862 Feb. 28 To land sales, quarter specie 4,607 80 May 31 To land sales, quarter specie 57 To do, Confederate notes 488 46 To do, treasury warrants 1,585 37 To do, 10 per cent interest warrants 4,389 10 Aug. 31 To land sales for quarter 3,823 15 $168,051 81 THE UNIVERSITY OF TEXAS. 103 1860 Contra. Feb. 29 By amount expenses of land sales | 1,641 4i By amount transferred to State revenue 100,000 00 Bv interest on same 9,472 26 1861 Feb. 28 By amount transferred to State revenue under act of January 29, 1861 9,768 62 Under ct of February 8, 1861 25,000 00 1862 Feb, 28 By amount transferred to State revenue in payment of contingent expenses of the Ninth legislature. . . 2,521 40 By balance on liand. transferred to University land sales — specie 57 Confederate notes 3,952 74 Treasury warrants 4^638 97 Ten i)er cent interest warrants 12,055 80 $168,051 81 UNIVKRSITY LAND SALKS ACCOUNT. 1862 Nov. — Nov. 30 1863 Feb. 28 May 31 Aug. 31 Nov. 30 1864 Feb. 29 May 31 To transfer from Univer- sity funds — balances. . . . . To land sales To land sales. To land sales. To land sales To land sales To land sales To transfer from Confeder ale notes to treasury war- rant column— deposited erroneouslv Contra. 1883 May 30 By transfer to State revenue by order comptroller. . .. 1864 May 31 By transfer from Confeder- ate notes to treasury war- rant column — deposited erroneously 1865 Feb. 28 By amount non interest bearing Confederate notes, old issue, delivered to P. Priestly, C. S. depositary at Austin, by order of comptroller, to be ex- changed under the several laws of the C. S. contjress and the SJ^ate legislature relating thereto, for C. S. bonds and notes of new issue By balances $.57 .57 S .5 $4,638 97 135 00 5,129 00 $9,902 97 9.902 97 $ 3,952 74 2,273 00 17,586 09 16,499 36 16,096 31 57.594 40 5,931 58 $119,933 48 $ 40.000 00 5.129 00 74,804 48 $9,902 97$119,933 48 $12,055 80 57 98 116 61 $12,230 39 12.230 39 $12,230 39 104 THE UNIVERSITY OF TEXAS. UNIVERSITY LAND SALES ACCOUNT .2 1 Treasury Warra ts. % i "S ^ o Hi 1865 Feb. 28 To balances 5 $9,902 97 afl7 AA $12,230 8» May 31 To land sales Jwne 8 To comptroller's certificate, Issued in lieu of treasury warrant * . ..i 10,300 41 .57 • • • * Contra. 1865 June 8 By warrant cancelled and comptroller's certificate is- sued therefor $10,300 41 $10,300 41 $10,b00 41 $12,230 39 By balances .57 .57 *10,300 41 12.2303 9 $10,300 41 $10,800 41 $12,230 39 To balances on hand. . . .57 $10,300 41 $12,230 39 * Comptroller's certificate. SUMMARY OF UNIVERSITi' LAND SALES. To total receipts from all sources including balance en hand November 1, 1858 $284,739 58 Contra. $284,739 58 By total transfers to State revenue $185,762 28 Amount expenses of land sales 1,641 45 Amount Confederate notes delivered to O. S. depositary to be converted into new issue 74,804 48 Balances on hand June 8, 1865, specie 57 Comptroller's certificate 10,300 41 Ten per cent treasury warrants 12,230 o9 $284,739 58 "Office of Comptrollek, Austin, April 6, 1888. '^Dt. T. D. Wooten, President Board of Regents, Univer- sity of Texas. "Dear Sir — Replying to your favor of the 4th inst., I herewith enclose itemized statement of the Uni- versity fund and University land sales account, show- ing receipts, transfers and disbursements of same, from November 1, 1858, to June 8, 1865. Transfers are shown to State revenue account as follows: Act of Jan. 31, 1860, U. S. 5 per cent bond? $100,000 00 Interest on same 9,472 26 Act of Jan. 29, 1861, specie borrowed 9,768 52 Act of Feb. 8, 1861, " " 25,000 00 Act of Jan. 9, 1862, " " 1,52140 Transferred to revenue, May 30, 1863 40,000 00 Total .$185,762 28 THE UNIVERSITY OF TEXAS. 106 ''Of these amounts the following items have been restored to the University fund in accordance with the provisions of an act of the legislature, February 23, 1883, namely: the first, second and fourth items of the above, aggregating $134,472.26 leaving a balance unre- stored that was actually borrowed and so transferred, ot $51,290.02. "The item of $40,000 that was transferred to State revenue account on the 30th of May, 1863, has this note with the entry: 'This amount is transferred by order of the comptroller.' If there was any authority of law for this transfer, no reference appears thereto, nor has any such law been found by this department. "The item of $74,804.48 Confederate notes, which appears in the disbursements, was turned over to P. Priestly, C. S. depositary at Austin, by order of comp- troller, on February 28, 1865, to be exchanged under the several laws of the Confederate States congress, and the State legislature relative thereto, for Confederate States bonds and notes of new issue. "The item of comptroller's certificate of $10,300.41 was restored to the University by act of February 23, 1883. The remaining balance on hand June 8, 1^65, of the 10 per cent treasury warrants for $12,230.39 ap- pears to have been dropped from the books of this of- fice in compliance with section 3 of ordinance XII, of the State constitutional convention, on April 2, 1863. "A summing up of the whole gives the following: Amounts actually borrowed $185,762 28 Amount treasury warrants dropped 12,280 39 Confederate notes 74. 804 48 Comptroller's cei tiflcate 10,300 41 Total $283,097 56 Amount restored 144,773 67 Balance not restored .$138,324 89 "The following make up said balance: Amount transferred under act of January 29, 1861 $ 9,768 62 Amount transferred under act of January 9, 1862 1,521 40 Amount of comptroller's transfer May 30. 1863 40,000 00 Amount of Confederate notes turned over for exchange for new issue 74,804 48 Amount of 10 per cent treasury warrants dropped 12,230 39 Total $138,324 89 Respectfully, Jno. D. McCall, Comptroller, 106 THE UNIVERSITY OF TEXAS. Of the items making up the balance ($138,324.89) not restored, it may be well to say that item 1, $9,- 768.62; item 2, |i;521.40, and item 5, $12,230.35, are duly set forth, explained and asked for, in statement previously filed with your Excellenc3\ The remainder, item 3, $40,000, and item 4, $74,804.48, have not only not been restored, but so far as the regents are informed, the attention of the legislature has never been called to the fact that this amount of money was at one time held by the state in trust for the University. The re- quest of your Excellency, however, that full informa- tion be given you on these points, affords the regents an opportunity' to call attention to this fact. Since this amount, $114,804 4^^, is of the same character as a part of the claim allowed in 1883, (for which allowance the University is largely indebted to the interest taken in the matter by your Excellency when a member of the Senate,) the regents are led to believe that it will be recognized and allowed. The facts as presented in statements of comptroller are plain and indisputable. University lands were sold during a certain period, by authority of the legisla- ture, for Confederate money. For these lands there was received in this mone}'' $114,804.48, which was placed to the credit of the University fund. Of this amount. $40,000 was transferred by the comptroller to the general revenue and used doubtless in defraying the ordinary expenses of the State government; $74,- 804.48 was turned over to the Confederate States de- pository, to be funded under the laws of the Confeder- ate States government in bonds for the benefit of the University, None of this money ($114,804.48), paid for the Universit}'' lands by authority of the State leg- islature, has been restored to the University fund. The only question is whether the State is under obligation to return it. The regents are of the opinion expressed by the compiler of Paschal's Digest: "Such payments" (Confederate money for University lands) "ma}'^ oper- ate as discharge to the debtors, but it would seem to leave a just claim on the State in favor of the educa- tion (University) fund." Paschal's Digest, vol. 1, art. ^571, Note. THE UNIVERSITY OF TEXAS 107 The regents are willing to leave the statements of facts by the comptroller to have their proper weight, trusting that the fund borrowed in the time of the emergency of the State will be returned to the regents at the time of the emergency of the University. It may not be out of place to say that in recogniz- ing this claim of the University, which cannot be en- forced in the courts, the legislature will but follow in the footstejps of the general government in allowing to Texas an indemnity fund, which the State had no power to enforce or ability to collect. What congress has just done, the State legislature can certainly do; es- pecially as in doing this the legislature will not be pay- ing mone}' to an outsider, but will be simply repaying to one department money borrowed from that department to pay expenses of another department; or refunding se- curities received by order of one department in trust for another department, which securities have since be- come worthless- It may be proper to say here that this claim for money paid in C Jon federate notes for Univer- sity lands has not been filed sooner, because the facts were not until recently sufficiently known to justify a formal presentation of the matter to your Excellency, and through you to the Honorable Legislature of the State. In conclusion, it is respectfully stated that the full University claim, including amounts referred to in previous papers, is as follows: 1. Ainouut paid Prairie View Normal school $ 14.495 73 Interest oil same at 8 per cent from April 1, 1881, to May 1, 1888 8,214 26 2. Amount borrowed by act of January 29, 1861 9,786 63 Interest on same at 8 per cent from January 9, 1861, to May 1, 1888 ' 21.340 21 3. Amount borrowed by act of January 9. 1862 1,520 40 Interest on same at 8 per ceat from Januarv 9. 1863, to May 1, 1888 3.200 27 4. Amount of 10 per cent warrants 12,230 39 Intei'est on same at 10 per cent from June 1, 1865, to May 1,1888 .'. 28,028 00 5. Amount transferred by comptroller May 30, 1863 40,000 00 Interest on same at 8 per cent from May 30, 1863, to May 1, 1888 78,880 98 6. Amount turned over to C. S. depositary February 28. 1865 74,804 48 Interest on same at 8 per cent from February 28, 1865, to May 1, 1888 138.687 53 Total $431,188 85 Respectfully submitted, Thos.^D. Wootkn, President Board of Regents. 108 THE UNIVERSITY OK TEXAS. The figures and estimates were carefully taken for Comptrollers Swain and McCall from the records of the office by their respective chief bookkeepers, R. S. Har- rison and R. W. Finley. They are here correctly printed, as verified by collation by the author with the original correspondence in the office of the comptroller. Prior to this, the State had been granted an indem- nity fund of nearly one million dollars from Washing- ton, in view of which Rev. Dr. B. H. Carroll and Hon. W. L. Prather of Waco, and ex U. S. Senator Maxey wrote to Governor Ross, strongly urging him to recom- mend a liberal appropriation from the State to the Uni- versity. ■ General Maxey urged that the University would; never have greater need of the funds due it from the State or the State ever be in better condition to settle. He knew of no principle, save force, that would enable a State acting as trustee withholding these funds. Dr. Carroll wrote: If Mr. Jefferson, whom we both so much admire, counted it worthy of a life work to build up the Virginia University, and sleeps today under an epitaph, proudly commemorative of this fact, have I presumed in attributing a similiar spirit to th e present governor of a greater commonwealth? Col. Prather wrote: This immense indemnity fund comes at a time when we already have an over- flowing treasury, and I know of no institution which- has such claims upon the State and whose needs are so great as the University's. I have felt, too, that a rec- ommendation from you that a portion of this fund be applied to this object at this time, would be in strict accord with "the eternal fitness of things." The plac- ing of all the former State institutions upon a firm basis and the inauguration of others to meet the grow- ing needs of our people, have been the distinguishing features of your admistration. FURTHER ACTIO Pf OF THE LEGISLATURE. Following the foregoing correspondence with the governor, aud his brief message communicating it to the Twentieth legislature sitting in extra session, the following proceedings occurred in the senate : THE UNIVERSITY OF TEX-AS. 109 By Senator Burges: — Resolved, That the senate committee on education be and are hereby instructed to inquire into and report to the senate the amount of indebtedness due from the State to the University of Texas. The resolution was adopted. By Senator Armistead : Senate bill 12 — A bill to be entitled an act to repay the funds of the University of Texas divert amounts of money drawn therefrom by the State of Texas for other purposes than those pertaining to the University, and to provide for the payment of interest due thereon. Be it enacted by the legislature of the State of Texas : Section 1. The following sums of money due by the State to the permanent University fund as follows: 1. Amount borrowed by the act of January 29, 18(il $ 9,768 62 2. Amount borrowed by the act of January 9, 1862 1,520 40 3. Amount transferred to the general revenue by the comp- troller, May 30, 1883 40,000 00 4. Amount of 10 per cent interest bearing warrants destroyed and dropped from comptroller's books, 1865 12.280 39 Aggregating |63,519 41 be and the same are hereby appropriated from any funds in the State treasury, not otherwise appropriated, to the permanent fund of said University, and the same shall be transferred and entered to the credit thereof in the comptroller's books, and invested as other permanent University funds. Section 2, That the following amounts, the same being interest due on said permanent funds up to May 1. 1888, to-wit: On item one, in the preceding section from January 29, 1861, at 8 per cent, $21,340.21; on item two, from January 9, 1862, at 8 per cent, $3,- 200.27 ; on item three, from May 30, 1863, at 8 per cent, $78,880.98; on item four, from June 1, 1865, at 10 per cent, $28,028.00; aggregating interest, $131,449.46. Also the amount of $14,495.73 paid the Prairie View Normal school out of the available University fund, under the acts of April 29, 1?^79; July 9, 1879, and April 1, 1881, together with interest thereon at 8 per cent from April J, 1881, to May 1, 188«, amounting to $8,214.26 ( all the items of this section aggregating 110 THE. UNIVERSITY OF TEXAS. the sum of $154,159.45), be and the same are hereby apropriated to the available University fund from any funds in the State treasury not otherwise appropriated, and the same shall be properly transferred and entered on the comptroller's books to the credit of said availa- ble funds and used as such. Referred to the committee on education. Committee Room, Austin, April 24 1888. Hon. 2. B. Wheeler, Lieutenant Governor and President of the Senate. Sir— Your committee on education to whom was referred Senate bill No. 12, entitled: An act to repay to the funds of the University of Texas, divers amounts of money drawn therefrom by the State of Texas for other pursoses than those appertaining to the Univer- sity, and to provide for the payment of interest due thereon, have had the same under consideration,, and instruct me to report it back to the Senate with the recommendation that it do pass, with the following amendment: To strike out one hundred and fifty-four thousand one hundred and fifty-nine dollars and forty-five cents ($154,159.45) and insert in lieu thereof ninety thousand dollars. All of which is respectfully submitted. Glasscock, Chairman. The bill was laid before the senate and read second time with committee amendment. Senators Arraistead, Gregg, Jarvis and Glasscock opposed the committee amendment and it was lost. Senator Jarvis moved to amend by striking out the whole of section I of the bill making appropria- tion of $63,519.41, and spoke in favor of the amend- ment. On motion of Senator McDonald the bill was postponed and made the second special order from day to day till disposed of. The bill was subsequently laid before the Senate- with the Jarvis amendment. Senator Allen moved to substitute amendment^ striking out the $40,000 in section 1, and striking out the third item in section 2. Senator Simkins spoke at length against the- amendment and substitute and in favor of the bill. THE UNIVERSITY OP TEXAS. m The Senate adjourned till Monday when ^Senate bill No. 12, proposing to refund moneys to the Univer- sity fund with two amendments, being the pending business, Senator Simkins concluded his speech in favor of the bill, and Senator Gregg spoke at length in opposition to the bill. The special order. Senate bill No. 12, was laid be- fore the Senate, with amendment by Senator Jarvis and substitute therefor by Senator Allen, pending. Senator Burney made the point of order that Senator Allen's substitute for the amendment of Senator Jarvis' could not be acted upon as such, as it covers two sections of the bill. Point sustained. Senator Allen spoke at length in favor of his amendment. Senator M'Manus spoke against the amendment and in favor of the bill, and Senator Baker spoke in favor of the bill. The amendment offered by Senator Allen was lost, and Senator Jarvis withdrew his amendment. Senator Claiborne offered the following amend ment: After the word "cents," in line '1% section 2, add "and that fifty thousand dollars of the available portion of the money hereby appropriated be and the same is hereby appropriated and set apart, to be used in the construction of buildings for the medical branch of the University of Texas, at the city of Galveston. Provided, that the said city of Gal- veston shall donate to the University of Texas block 668, in said city, to be used for the medical branch of that institution ; and Provided further that the exec- utor of the estate of John Sealy, deceased, shall agree to construct on said block at a cost ot not less than fifty thousand dollars ($50,000), a medical hospital, which, when completed, is to be donated to the medical branch of the University of Texas, and to be under the control of the board of regents of said University. Senator Claiborne spoke in favor of the amend- ment, and it was lost. Senator Stinson offered amendment adding to the end of section 2, the following: Provided, the ap- propriation shall be a full and complete settlement and satisfaction of all claims and demands that the Univer- sity of Texas has against the State of Texas. 112 THE UNIVERSITY OF TEXAS. Senator Stinson spoke in favor of the amendment, and it was lost. Senator Jarvis moved to am/^nd by striking out all of section 2 of the bill, which seeks to recover interest. Lost, and the bill was ordered engrossed. The bill was subsequently reported engrossed by Senator Frank, chairman of committee on engrossed bills. Senate bill No. 12 was laid before the senate and read third time. Senator Stinson moved to amend by striking out the enacting clause. Lost. The bill was passed by the following vote : Yeas — 16. Armistead, Baker, Bell, Burney, Calhoun, Glasscock, Houston, Knittel, Lane, McDonald, Mac- manus. Pope, Simkins, Upshaw, Woods, Woodward. Nays — 8. Allen, Douglass of Grayson, Field, Frank, Garrison, Jarvis, Stinson, Terrell. Paired— Senator Camp, who would have voted yea, with Senator Gregg, who would have voted nay. Senator Allen gave notice uf intention to file reasons for voting against the bill, and Senator Field sent the following to the secretary's desk, and asked its insertion in the Journal : On ' the final passage of Senate bill No. 12, known as the University bill, we voted *'no," because the bill appropriated to the perma- nent fund of the University |63, 519.41, and to the available University fund $154,159.45, and in our opin- ion the University has no legal claim against the State, but, has perhaps, an equitable claim of $23,519.41 permanent fund and $75,270.47 available fund, for the appropriation of which amounts we would have voted "yea." Field, Frank, Allen, Garrison. May 12, Chief Clerk Lambert of the house re- ported to the senate that the house had passed Senate bill 12, with a number of amendments. Senate bill No. 1 2. An act to repay the funds of the University of Texas divers amounts of money drawn therefrom by the State of Texas for other pur- THE UNIVERSITY OF TEXAS. 113 poses than those pertaining to the University, and to proA'ide for the payment of the interest due thereon, was submitted to the senate, and on motion of Senator Armistead was laid on the table subject to call. (The bill had already failed in the house.) May 12, Senator Jarvis, as chairman of the finance committee, reported a substitute for sundry house bills: An act making additional appropriations for the support of the State government and to pay certain obligations of the State incurred prior to March 1, 1887, including as the eighth item in the bill the fol- lowing: (8.) As a loan to the available fund of the University of Texas, to be placed to the credit of said fund, out of the indemnity fund now in the State treasury, and to be repaid to the State out of the reven- ues of the University on or before January 1. A. D. 1900, the sum of |75,000. This committee amendment was, with some of the others, adopted, and the bill passed to its third read- ing. Oil motion of Senator Armistead, the senate re- fused to concur in the house amendments to senate bill No. 12, known as the University bill, and asked for a free conference committee. The president appointed Senators Simkins, Douglass of Jefferson, Upshaw. Clai- borne and Woods on the part of the senate. A message from the house announced that the house refused to concur in the senate amendments ta the substitute house bills, making additional appropria- tions for the support of the State government, etc., (being the bill including a loan to the University) and asked for a free conference committee. The committee of free conference reported as fol- lows as to the University appropriation: Strike out "$75,000" and insert "$125,000" as a loan to the University payable on or before January 1, 1910, without interest, of which the sum of $50,000 is hereby appropriated and set apart to be used in the construction of buildings for the medical branch of the University of Texas, at the city of Galveston ; pro- vided, that the said city of Galveston shall donate to the University of Texas, block No. 668, in said citv, to 8— L 114 THE UNIVERSITY OF TEXAS. be used for the medical branch of said institution, and, provided further, that the excutors of the estate of John Sealy, deceased, shall agree to construct on said block, at a cost of not less than $50,000, a medical hospital which when completed is to be donated to the medical branch of the University of Texas and to be under the control of the Board of Regents of said University; provided further that this loan shall be in full payment and satisfaction of all claims of the University of Texas for moneys drawn from the University fund by said State. All of which is respectfully submitted. Jarvis, Gresham, McDonald, Alexander, Glasscock, Armlstead, Lane, McGehee, (Senate Committee.) (House Committee.) On motion of ISenator Jarvis the report of the committee was adopted. In the House, in Extra Session, the following measures were introduced: House bill No. 4. — Mr. Hudgins: To repay to the fund of the University of Texas divers amounts of money drawn therefrom by the State of Texas for other purposes than those pertaining to the University, and to provide for the payment of interest due thereon. House bill No. 7. — Mr. Gresham: Making an appropriation to pay to the University of Texas certain moneys due it by the State, and ap- plying a portion of the same for the building of the medical branch of said University at Galveston. House bill No. 93.— Mr. McGaughey: To loan to the available fund of the University of the State of Texas, one hundred thousand dollars out of the indemnity fund. Secretary Boynton of the senate announced to the house that the senate had passed Senate bill No. 12: An act to repay the funds of the University of Texas divers amounts of money drawn therefrom by the State of Texas for other purposes than those pertaining to the University, and to provide for the payment of in- terest due thereon. THE UNIVERSITY OF TEXAS. 115 The McGaughey bill which proposed a loan of $100,000 for an indefinite time and without interest for erecting University buildings at Austin was not taken from the calendar. The other bills were reported and acted on as fol- lows: Committee Room, Austin, April 25. 1888. Hon. George C. Pendleton, Speaker of the Hrjuse of Rep- resentatives. Sir — Your committee on education, to whom was referred House bill No. 4, entitled: An act to repay to the funds of the University of Texas divers amounts of money drawn therefrom by the State for other pur- poses than those pertaining to the University, and to provide for the payment of interest due thereon, have had the same under consideration, and instruct me to report it back to the House with the recommendation that it do pass, the right being reserved by several members of the committee to oppose and vote against any item in the claim that they considered not due, and unjust. All of which is respectfully submitted. Page, Chairman. Ml". Gresham moved to take up the committee's substitute House bills Nos. 7, IS, 30, 47, 50, 53, and substitute Senate bills 11 and 20, a bill to be entitled an act making additional appropriations for the sup- port of the State government for the period of time beginning March 1. 1S88, and ending February 28, 18S9, and to pay certain obligations of the State in- curred prior to March 1, 1887, and have the same, and committee report, printed in the Journal, and made the special order from day to day until disposed of The ■motion prevailed, and it was so ordered. The University item in the bill was as follows : To pay to the University of Texas : ^"E '* ^'S' The a'nount borrowed by the State under the act of the legislature, approved January 39, 1861 % 9,786 62 Interest on same at 6 per centum per annum, from January 29, 1861, to May 1. 1888 16,005 16 The amount borrowed by the State under the act of the legislature, approved January 9, 1863 1,530 40 Interest on same at 6 per centum per annum, from January 9, 1863, to May 1, 1888 3,400 00 116 THE UNIVERSITY OF TEXAS. Pernianeut Availablo tnnd. fnnd. The 10 per cent interest bearing warrants of the State "of Texas dropped from the credit of the University fund on the books of the comptroller of the State of Texas in 1866 12,330 39 Interest on the same from June 1, 1865, to May 1, 1888 28,280 The money drawn from the University fund under the acts of the legislature, approved April 29, 1879, July 9, 1879, and April I, 1881, for the Prairie View Normal school 14,495 73 Interest on same from April 1, 1881, to May 1, 1888. . 6,160 70 To pay the sum taken from the University fund May 30, 1863 40,000 00 The sum of fifty thousand dollars of the available portion of the money hereby appropriated to the Uni- versity of Texas, be, and the same is hereby appropri- ated and set apart to be used in the construction of buildings for the medical brancli of the University of Texas at Galveston; provided, that the said city of Gal- veston shall donate to the University of Texas block No. 668 in said city, to be used for the medical branch of said institution; and provided further, that the executors of the estate of John Sealy, deceased, shall agree to construct on said block, at a cost of not less than fifty thousand dollars ($50,000) a medical hospital which, when completed, is to be donated to the medical branch of the University of Texas, and to be under the control of the board of regents of said University ; provided, that the allowance of the above and fore- going claims to the University is hereby declared to be in full satisfaction of the claims of said University against the State. The speaker laid before the house for its consider- ation, House bill No. 4: A bill to be entitled an act to repay to the University of Texas divers amounts of money drawn therefrom b} the State of Texas for other purposes than those pertaining to the University, and to provide for the payment of interest due thereon. The question being on the second reading of the bill, Mr. Steele moved that the absentees, under the call of the house, be excused, and the yeas and nays being called, the motion was lost by the following vote: Yeas, 42; Nays, 30; Absent, 7; Excused, 4. Mr. Buchanan moved to postpone indefinitely the further consideration of the pending bill, and Mr. THE UNIVERSITY OF TEXAS. nr Alexander moved to amend Mr. Buchanan's motion by- laying the bill on the table subject to call. Mr. Buch- anan accepted Mr. Alexander's amendment. Mr. Bell of Cooke, moved to amend the motion by setting the bill as a special order for May 7, and from day to day thereafter until disposed of. Carried. Mr. Page, chairman of the committee on educa- tion, submitted the following report: Committee Room, Austin, May 5, 1888. Hon. Geo. G. Pendleton. Speaker of the House. Sir: — Your committee on education, to whom was referred Senate bill No. 12, entitled: An act to repay the funds of the University of Texas divers amounts of money drawn therefrom by the State of Texas for other purposes than those pertaining to the University, and to provide for the payment of the interest thereon, have had the same under consideration, and instruct me to report it back to the house with the recommen- dation that it do pass. All of which is respectfully sub- mitted. Page, Chairman. The speaker laid before the house for its consider- ation House bill No. 4: An act to repa}- to the funds of the University of Texas divers amounts of money drawn therefrom by the State for other purposes than those pertaining to the University, -and to provide for the payment of interest due thereon. The question being on the second reading of the bill, as special order, Mr. Hudgins moved that the spec- ial order be postponed and that Senate bill No 12, above reported, be taken up and substituted for House bill No. 4. Carried. Mr. Booth of Wise, moved that the house go into the committee of the whole for the further considera- tion of the bill. The motion prevailed and the speaker called Mr. Booth to the chair. After due consideration, the committee of the whole house arose, and through its chairman, sub- mitted the following report : Committee Room, Austin, May 5, 1883. Hon. George G. Pendleton, Speaker of the House of Rep- resentatives. Sir — Your committee of the whole house, to whom 118 THE UNIVERSITY OF TEXAS. was referred Senate bill No. 1 2, after duly considering the same, instruct me to report it back to the house,, with the following amendments: Amend by adding after the items |1,520.40, the following amount trans- ferred to the general revenue by the comptroller, May 30, A. D. 1863, 125,500. Amend line 12, by striking out $63,519.41, and insert |49,5] 9.41. Your committee ask leave to sit again. Booth of Whe, C-hairman. The committee of the whole finally reported, with recommendation that the bill do pass, with the follow- ing committee amendments : Amend line 5, section 2, by striking out "eight" and insert "six," and insert "|2,400." Amend line 4, section 2, by striking out "eight" and insert "six," making the sum total $16,005.16. Amend by striking out lines 7 and 8, of section 2. Amend by striking out in lines 12 and 13, section,. 2, "$131,449.46," in figures and words, and insert "46,- 433.16." Strike out " Together with interest thereon at 8 per cent from April 1, A. D. 1881, to May J, A. D. 1888, amounting to $8,214.26." Amend section 2, by adding after the word "together," in line ]8, page 2, the following: "With interest thereon at the rate of 6 per cent per annum from April 1, 1881, to May 1, 1888, amounting to the sum of $6,160.70," and strike out all of lines 21 and 22, and to the word "cents," in line 23. Amend by adding to the end of section 3 : Pro- vided, that the payment and satisfaction of the several items of debt, here recognized and discharged, will be a perpetual and final bar to any and all future claims of the University of the State of Texas, for moneys drawn from the University funds prior to the year A. D. 1866. ximend by adding section 3, to read as follows: Section 3— The sum of $50,000 of the available por- t on of the money hereby appropriated to the Uni- versity of Texas be, and the same is hereby, appropri- ated and set apart to be used in the construction of 6 uildings of the medical branch of the University of Texas at the city of Galveston; provided, that the said THE UNIVERSITY OF TEXAS. 119 city of Galveston shall donate to the University of Texas, block No. 668, in said city, to be used for the medical branch of said institution; and provided fur- ther, that the executors of the estate of John Sealy, deceased, shall agree to construct on said block, at a cost of not less than fifty thousand dollars, a medical hospital, which, when completed, is to be donated to the medical branch of the University of Texas, and ta be under the control of the board of regents of said University. Amend section 2 by adding after the word together in line 18, page 2 the following. With interest thereon at the rate of 6 per cent per annum from April 1, 1881 to May 1 , 1 888, amounting to the sum of six thousand one hundred and sixty dollars and seventy cents, and strike out all of lines 21, 22, and to the word cents in line 23. The speaker announced that the pending business on adjournment was the consideration of substitute Senate bill No. 12, for House bill No. 4. Mr. Johnson offered the following amendment to section 2 of the bill: Amend section 2 of the bill by striking out the words ''available University fund," and insert therefor the words "'permanent University fund." Provided, that the amount of fourteen thous- and four hundred and ninety-five dollars and seventy- three cents, the amount paid to the Prarie View Nor- mal School, be paid back to the available fund of the University. The question recurring on Mr. Johnson's amend- ment, and the yeas and nays being demanded the amendment was lost by the following vote. Yeas — 18, Nays — 74, Absent — 5, Excused — 7. Mr. Utiger offered the following amendment: Strike out "permanent University fund" and insert "available University fund" wherever it occurs. Lost. Mr. Hudgins offered the following amendment: Strike out the entire item relating to amount trans- ferred to general revenue by the comptroller on May 30, 1863. Mr. Steele offered the following substitute for the pending amendment: Amend section 1 by striking out 120 THE UNIVERSITY OF TEXAS. in line 7, the amount $25,000 and insert in lieu thereof $5.00. The speaker ruled the substitute for the amend- ment out of order. The question then being the adoption of the amendment offered by Mr. Hudgins, the amendment was adopted. Mr. Bell of Cooke offered the following substitute for the pending bill and amendments: A bill to be entitled: An act to compensate the available University fund for moneys heretofore used by the State for various purposes, and all claims for moneys and lands heretofore used by the State. Section 1. Be it enacted by the legislature of the Slate of Texas, that the sum of one hundred thousand dollars of the indemnity fund received from the United States government in the j^ear of i^H^, be, and the same is hereby loaned to the available University fund, said fund to be used in the erection of necessary build- ings and purchasing necessary apparatus and books for the use of the University at Austin, Texas. Said loan te be paid back to the State at such time as the avail- able University fund may be able to do so, as the law may direct. This loan is made as a compromise and satisfaction of all claims for monej^s or lands or the proceeds thereof heretofore used by the State for any purpose, which belonged to the University, and the ac- ceptance of the moneys herein appropriated or any part thereof shall be a full and final settlement of all such demands. The question being the adoption of the substitute for the pending bill and amendment," Mr. Prender- gast moved that the pending bill and amendments and the substitute bill offered by Mr. Bell of Cooke, be re- ferred to a special committee of five members, with instructions to report immediately on the same. The question then recurring on Mr. Prendergast's motion to refer the pending bill, amendments and sub- stitute to a special committee, Mr. Prendergast with- drew his motion to recommit, and the question recur- ring on the adoption of Mr. Bell's substitute for the pending bill and amendments, the substitute was lost. Mr. Johnson offered the following substitute for THE UNIVERSITY OF TEXAS. 121 the pending bill and amendments — A bill to be entit- led: An act to provide for a loan out of the general revenue to the available Universit\^ fund, and to pro- vide for the repayment thereof. Section 1 . Be it enacted by the legislature of the State of Texas: That the sum of one hundred thous- and dollars be and the same is hereby advanced out of the general revenue fund to the available University fund: The said amount shall be considered as a loan to said fund, and shall be repaid out of the available University fund, without interest, on or by the 1st day of January, (1903), nineteen hundred and three, and the regents of said University shall make provision therefor, and the same shall not be offset by any claims heretofore presented to the legislature for payment. Section "l. The near approach of the end of the session, and the fact that the Universit}^ is in immedi- ate need of funds, creates an emergency that the con- stitutional rule requiring bills to be read on three sev- eral days be suspended, and that this bill take effect on and after its passage, and it is so enacted. The question being the adoption of the substitute bill for the pending bill and. amendment, Mr. Mills moved the previous question on the substitute, which was duly seconded and the previous question was or- dered. The question then being the adoption of the sub- stitute bill, and the yeas and nays being demanded, the substitute was lost by the following vote: Yeas — 22, Nays— 68, Absent— f), Excused — 7. Paired, Mr. Graves with Mr. 'Chrisenberry, who would have voted, the former, yea, the latter, nay. Mr. Mills moved the previous question on the pas- sage of the bill to a third reading, which was duly seconded, and the previous question was ordered. The question being the passage of the bill to a third reading, and the yeas and nays being called, the bill was passed by the following vote : Yeas — 65. Alexander, Baird of Brown, Biard of Lamar, Bassett*, Battle, Baylor, Bell of Denton, Blair, * Messrs. Bassett of Grimes county, and Moore of Washington •ounty, were the only colored members of the Twentieth lesislature. 122 THE UNIVERSITY OF TEXAS. Booth of Wise, Bransford, Browning, Bryan, Buch- anan, Camp, Clark of Red River, Clark of Uvalde, Clegg, Cone, Davis of Falls, Davis of Shelby. Dolen, Ellison, Faubion, Fuller, Garner, Garwood, Gresham, Groce, Harrison, Heath, Hudgins, Huling, Humphreys, Kirlicks, Kennedy, Larkin, Latham. Light. McCaleb, Matejowsky, McGaughe3% McGehee, McGuire, McKin- ney, Melson, Milner Moore of Travis, Moore of Wash- ington, Newton of Cherokee, Northington, Payne, Pope, Richardson, Robinson, Sadler, Shelburne. Smith of Travis, Staples, Strong, Tate, Utiger, Waskom, What- ley, Williamson, Woolsey. Nays — 26. Chapman, Curry, (jilleland, Hargis,, Jackson, Johnson, Jones, McClanahan, Mills, Newton of Tarrant, Nicholson, Page, Parks, Patterson, Pren-^ dergast, Rugel, Shiela, Skinner, Smith of Bosque, Steele, Tolbert. Tompkins, Voorhees, Wilson, Wood, Wright. Absent — 4. Bell of Cooke, Goeth, Hunt, Sharp. Excused — 5. Parker. Showalter, Latimer, Stringer,. Truitt. Mr. Booth of Gonzales, was paired with xMr. Gill. Mr. Booth would vote aye, Mr. Gill would vote nay. Mr. Chrisenberry was paired with Mr. Graves. Mr. Chrisenberry would vote aye, Mr. Graves would vote nay. We vote na}^ on the University bill, because the enactments are in violation of law in this, that the ordinances of the constitution of 1866 declare that the sum named in the bill should not be paid, and, be- cause the State has discharged her moral obligation to the University by donating 1,000,000 acres of public land and $264,000 cash, in addition to the endowment originally given ; and which donation amounts to more than the aggregate of the sums claimed by the Univer- sity as being unpaid by the State. The University is- not as much in need of assistance as the people are for relief from taxation. Jalkson, Voorhees, Skinnek. The speaker laid before the house for its consider- tion substitute house bills Nos. 7, 18, 30, 47, 50, 53 and substitute senate bills Nos. 11 and 20, a bill to be enti THE UNIVERSITY OF TEXAS. 123 tied an act making additional appropriations for the support of the State government for the period of time beginning March 1, 1888, and ending February 28, 1889, and to pay certain obligations of the State in- curred prior to March 1. 1887, the special order for the hour. The question being on the adoption of the substi- tute reported by the senate committee, it was adopted. Mr. Gresham moved that the house go into the committee of the whole on the further consideration of the bill. The motion prevailed, and the speaker called Mr. Alexander to the chair. After due consideration the committee of the whole house arose and reported with accompanying amendments, and asked leave to sit again. The speaker called Mr. Browning to the chair, the house being again in committee of the whole, and after due consideration recommended that the bill pass with amendments reported. None of the amendments related to the Universit3^ The speaker being in the chair, Mr. Bell of Cooke moved for a division of the amendments adopted in the committee of the whole house and the motion pre- vailed Mr. Bell of Cooke moved a call of the house on the amendment relative to the appropriation of $15,- 000 for the Orphans' Asylum at Corsicana, but fail- ing to receive the constitutional second the motion was lost. Mr. Voorhees offered the following amendment to the amendment of the committee of the whole house, relative to the appropriation of $25,000 for the Prairie View Normal School: Amend page 4, lines 2 and 3, by striking out $25,000, and inserting $15,000. The speaker ruled the amendment of Mr. Voor- hees out of order, and the question then being the adoption of the committee amendment, and the yeas and nays being called, the amendment was adopted by the following vote: Yeas — 59, Nays- -30, Absent — 9, Excused — 6. The house having adopted all of the amendments of the committee of the whole to substitute House bill 134 THE UNIVERSITY OF TEXAS. Nos. 7, 18, 30, 47, 50 and 53 and substitute Senate bills Nos. 11 and 20, a bill to be entitled, An act making additional appropriations for the support of the State government for the period of time beginning March 1, 1888, etc., the speaker announced the question to be the passage of the bill to engrossment, and the yeas and nays being called, the bill passed to engrossment by the following vote. Yeas — 79, Nays — 15, xAbsent — 4, Excused— 5. Mr. Steele moved that tne constitutional rule re- quiring bills to be read on three several days be sus- pended, and that the bill be placed on its third reading and final passage. The yeas and nays being called, the motion prevailed and the rules were suspended. Yeas — 78, Nays — 13, Absent — 6, Excused — 6. The question then recurring on the final passage of the bill, and the yeas and nays being called, the bill passed by the following vote: Yeas — 74. Alexander, Baird of Brown, Biard of Lamar, Bassett, Baylor, Bell of Denton, Blair, Booth of Gonzales, Booth of Wise, Browning, Bryan, Buchanan, Oamp, Clark of Red River Clark of Uvalde, Clegg, Cone, Davis of Shelby, Dolen, Ellison Faubion, Fuller, Garner, Garwood, Gilleland, Goeth, Gresham, Groce, Heath, Hudgins, Huling, Humphreys, Hunt, Jackson, Johnson. Kennedy, Kirlicks, Larkin, Latham, Light, Motejowsky, McCaleb, McClanahan, McGaughey, Mc- Gehee, McGuire, McKinney, Mills, Milner, Moore of Washington, Newton of Cherokee, Nicholson, Parks, Payne, Pope, Prendergast, Richardson, Robinson, Sad- ler, Sharp. Shelburn, Smith of Bosque, Smith of Travis, Staples, Steele, Stringer, Strong, Tate, Utiger, Voorhees, Waskom, Whatley, Williamson, Woolsey. Nays — 17. Bell of Cooke, Bransford, Chapman, Curr}^ Hargis, Harrison, Jones, Melson, Newton of Tarrant, Page, Rugel, Shield, Skinner, Tolbert, Wilson, Wood Wright. Absent — 7. Battle, Chrisenberry, Davis of Falls, Moore of Travis, Northington, Patterson, Tompkins. Excused 6. Gill, Graves, Latimer, Parker, Show- alter, Truitt. I vote nay on this bill because it contains some THE UNIVERSITY OF TEXAS. 125 items not necessary for the economical administration of the government. Wood. We vote nay on the appropriation bill because we believe a part of the bill makes extravagant appropria- tions not warranted by law and facts. Chapman, Jones, Melson. Mr. Harrison for the committee on engrossed bills, reported the bill correctly engrossed. Mr. Browning, speaker pro tem., signed in the presence of the house. House bill No. 1: A bill to be entitled an act to reduce taxation for general revenue purposes, and laid before the house for its consideration substitute Senate bill No. 12 for House bill No. 4: An act to repay the funds of the University of Texas divers amounts of money drawn therefrom by the iState of Texas for other purposes than those per- taining to the University, and to provide for the pay- ment of the interest due thereon. The question then recurring on the final passage of the bill, and the yeas and nays being called, the bill was passed by the following vote: Yeas~60. Alexander, Kennedy, Baird of Brown, Kirlicks, Biard of Lamar, Larkin, Basset, Latham, Baylor, Blair, Browning, Light, Matejowskv, McCaleb, " Bryan, Buchanan, McGaughey, McGehee, Camp, Chrisenberry, Clark of Red River, McGuire, McKinne}^, Melson, Clark of Uvalde, Milner, Clegg, Moore of Washington, Cone, Newton of Cherokee, Davis of Falls, Northington, iJavis of Shelby, Dolen, Payne, Richardson, 126 THE UNIVERSITY OF TEXAS. Faubion, Fuller, Garner, Garwood. Gilleland, Gresham, Harrison, Heath, Hudgins, Huling, Humphreys, Nays— 28. Bell of Cooke, Bransford, Chapman, Curry, Graves, Hargis , Jackson, Johnson, Jones, McClanahan, Mills, Newton of Tarrant, Nicholson. Parks, Robinson, Sadler, Sharp, Shelburne, Stringer, Strong, Utiger, Waskom, Whatley, Williamson, Woolsey. Page, Patterson, Prendergast, Rugel, Shield, Skinner, Smith of Bosque, ki^teele, Tolbert, Tompkins, Voorhees, Wilson, Wood , Wright. Absent — 3. Bell of Denton, Tate, Staples. Ex- cused — 10. Battle, Ellison, Groce, Latimer, Moore of Travis, Parker, Pope, Showalter, Smith of Travis, Truitt. Mr. Booth of Gonzales paired with Mr. Gill. Mr. Booth would vote yea; Mr. Gill would vote nay. Mr. Goeth paired with Mr. Hunt. Mr. Goeth would vote yea, and Mr. Hunt Avould vote nay. The speaker laid before the house for its consider- ation substitute House bills Nos. 7, 18, 30, 47, 50, 53, and substitute Senate bills 1 1 and 20, a bill to be en- titted: An act making additional appropriations for the support of the State government for the period of time beginning March 1, 188S, and ending February 28, 1889, and to pay certain obligations of the State THE UNIVERSITY OF TEXAS. 127 incurred prior to March 1, 1887, with senate amend- ments. Mr. Gresham moved that the house do not con- cur in the senate amendments and that a free confer- ence committee of five members of the house be ap- pointed to confer with a like committee from the sen- ate. The motion prevailed and Speaker Pendleton ap- pointed the committee on the part of the house. [privileged report.] Mr. Gresham for the free conference committee on House bills Nos. 7, 18, 30, 47, 50 and 53 and substitute Senate bills Nos. 11 and 20, submitted the following report : Committee Room, Austin, May 15, 1888. Hon. T. B. Wheeler, President of the Senate, and Hon. George C. Pendleton, Speaker of the House of Repre- sentatives. Sir — Your committee of free conference, to whom was referred the differences between the two houses on substitute House bills Nos. 7, 18, 30, 47, 50 and 53, and substitute Senate bills Nos. 11 and 20, entitled: An act making additional appropriations for the support of the State government for the period of time beginning March 1, 1888, and ending February 28, 1889, and to pay certain obligations of the State in- curred prior to March 1, 18s7, have had the same un- der consideration and beg to report as follows: The senate recedes from its amendment in refer- ence to the reformatory. The Senate quarantine amendment is concurred in. The senate amendment for moving to the new m the ge'ieral reven- ues, and not (except iu a mere nominal amount, as at present) from the available fund of the University. It w -uld be unwise to cripple the Man University in order to build up on^ ot its branches. The State of Texas, wirhits aljuadant resaarce-i, is amply able to provide liber- all v for the Univer.-.ity and for ail its branches, and at this stage of their development, it would be ilisastrous to allow either the Univer- sity or any one of its branches to suffer on account of an insufficient iiupport." THE UNIVERSITY OF TEXAS. J45 Exhibit A. Inventory of College Property. Detailed inventories of nil ('ollecre property of the College in the several defiartuipnfs are on file in the College ollice, ax required by the Board of Directors. Donated to the Btatt- by Brazos County: Two tliousaiid lour liuudred aijd sixteen acres of Jan^l One steward'^ rcfcideuce Irnprotiements made prior to 1876, when College wati opeiitd: One main collef;e bniidinj.', 15Hx60 feet, four stoiies One -steward's hall and Hf)rniitory, 91x3-1 feec, ^ three !>tories. brick I One residence attaciied to steward's hall, j 4()>:80 feet, four ^tori^-s ; J One stal)le and baru, iyx:JO tVet, frame Nine cisterns, briclc, underground Five proie&sor'b residencen Plank fencH and cedar posts, enclosing cnjiege campus, 161 acres Improvements made from October, 1876, to Jan- uary ], 1887: Two sioi-y frame building. 84x34 feet, wocd woriiing shop Two stors fraiDc 'nuiUh'ng, farm house One story frnme bui:ding, for emplo.\es Seven undery:roui;d ci.--terns, brick Bath house, sixteen rooms Oil house Fence, plank and wire, small pasture, forty-six acres Telephone linfs. coiiege to Bryan, five miles. . Brick shoi>, 80x40 feet, irom working Store room mess hall, with cellar Bakery .... Cattle shed Larj,' e ba ru Fences, pa'-ture, east of college. 461 a«-res Fences, pasture, eai^t of Houston and Texas Centra! railway, 850 acres Tvv o tanks in pastures Piggery Improoeinents made since January 1. 1887; PtuftVr hall, 112x46 feet, two storief-i, Isrick Hospital, one story, frame Farm house, oi e story, frauie Creamery building and cistern Propiigaiiug and i.'r.'eii house, brick Bla(*k^nJitil siiO|>, brick Seven undergrouns! cig aiid physics. . . Mess hall furniture Officf-rs' dormitory Book store Veterinary department Horticultural departmt-nt Hospital furniture and medicine. Museum Office furniture Assembly hall furniture Experiment Station: hSui dings Machinery Stock Office fixtures Implemeuls Scales and fixtures Fertilizers Drainaj^e Creamery, one half interest Total value equipraemt Total periuanenc improvements. (rrand total 3,'JOO 00 1,5(80 00 500 00 l,2r)0 00 2m 00 500 00 400 00 22,218 G4 2,204 38 2^0 00 315 00 104 50 87 00 5,000 00 757 7 700 00 5,950 00 327 75 356 00 1,010 Oil 983 50 739 90 4,050 00 1,300 00 1,980 00 3G4 oOl 252 40 110 50 28 00 620 00 554 60 258,815 02 6,964 27 9,817 15 7,235 44 4.794 65 3,221 40 4,608 38 603 57 1,000 00 1,851 98 654 59 148 30 200 00 900 00 1,100 00 9,266 00 51 314 76 258,815 03 310.139 18 THE UNIVERSITY OF TEXAS. U7 [From 12tli Aniiuiil Catalogue, Session 1^87-88.] Main ]kiilding — Tlie main building stands on the liigiiest pr)int of the grounds. It is lour stories high inade of brick, with mansard roof and towers. 'J'he rooms are all of high pitch and well ventilated. On the iburth story, nearly half the space is occupied by the chapel. Two society halls, the armory, the ath- letic hall and three small rooms are also on this floor. On the third story are the mathematical section and instrument rooms and students' quarters. On the sec- ond floor are t!ie library, agricultural section room, chairman's office, chemical laboratory'' for qualitative work, and several students' rooms. On the first floor are physical and chemical section rooms, chemical bal- ance room and dark room, section rooms of English languages and mechanics, ofhces of the commandant, business manager and treasurer, and janitor's room. There are broad halls running through each story at right angles to each other, and two sets of stairways, one in the middle, the other at the end of the building. The external appearance of the main building is shown on the right of the frontispiece. Shops — Back of the main building (seen a little to the left of it in the picture) is the carpenter shop. It is of two stories, fitted with benches and wood-work- ing tools in separate sets for students. Power is sup- plied in this shop l)y a twelve liorse power vertical en- gine. The boiler house and bla<'ksmith shop are in th(^ rear of the building. The metal working shop is seen near the middle of the engraving. Its machinery is driven by a twenty horse power engine. The build- ing is of brick. The blacksmith shop is furnished with six forges and necessary tools. Mess Hall — This is seen on the left of the other buildings. It is three stories high, and is attached to the house which was formerly the president's residence. The first floor is occupied by the hall, steward's office, store rooms, kitchen, cfec. The second and third floors are occupied by students' rooms, of which there are twenty in the building. Pfeuffer Hall — This new building erected in 1887 is for a dormitory, and has capacity to accommodate 148 THE UNIVERSITY OF TEXAS. seventy-five students. It is named in honor of Hon, George Pfeuffer, a former president of the board of directors. Austin Hail — This a new dormitory erected in 1888, and accommodates seventy-five students. Assembly Hall —This building has been completed and furnished with neat opera chairs. It is a two story brick stuccoed with Portland cement; has main floor and gallery. It is an ornament to the grounds. Hospital — A large and comfortable building has been erected as a hospital and surgeon's residence. The surgeon will give his attention to all students without charge other than the regular medical fee of five dollars paid by each student upon entrance. Creamery — There has recently been erected a building for the creamery. It is supplied with a com- plete outfit of the latest improved apparatus for mak- ing butter. The machinery is driven by a six horse power engine. Practice in the creamery forms a part of the agricultural course. Farm Buildings — These are situated several hun- dred yards in the rear of the main building. They consist of two large barns, a milking shed and a pig- gery. One of the barns is new, and is fitted with stalls for the thorough-bred cattle, and storage rooms for im- plements and food. These buildings are supplied with water from a large tank, which is kept filled by a wind mill. There have recently been erected three large silos in connection with the agricultural experiment station, and students will have the advantage of practical in- struction in the connection of silos and the best method of proparing ensilage. Permanent Fund — In November, 1876, the legis- lature formall}^ accepted from congress the gift of one hundred and eighty thousand acres of public land for the endowment of an agricultural and mechanical col- lege. This land was sold for $174,000, which sum was invested in seven per cent State bonds. As under the act of congress neither principal nor interest of this money could be used for other purposes than the pay- ment of officers' salaries, at the time of the opening of the college there was an addition to the fund from ac- THE UNIVJ:RSITY of TEXAS. 149 ■cumulated interest, of $35,000, iind both sums being invested, the latter in six per cent bonds of the State, furnish an annual income of $14,280. Land — The county of Brazos donated to the col- lege, two thousand four hundred and sixteen acres of land lying on each side of the Houston and Texas Central railroad, five miles from Bryan and ninety-five miles from Houston. Grounds, Farm and Stock — The farm, garden, or- chard, barnyards and campus are included in the in- closures to the east of the station. The farm comprises about two hundred acres. This is devoted solely to ex- perimental culture and the production of forage for stock. The orchard of eighty acres contains a large variety of young fruit trees more or less adapted to this climate. The garden affords experimental work to students and furnishes an abundance of vegetables to the mess hall. A young vineyard has been started; many of the vines are already bearing well. Back of these are the piggery, calf lots, barns and pastures of about four hundred acres. The college now owns reg- istered cattle, Dutch Frisians, Gallocwaj^s and Jerseys, besides a number of high-grade shorthorns and com- mon cows for the present milk supply. The swine in- clude Essex and Berkshires. During the next session a creamery will be perfected for giving instruction in butter making. On the west side of the railroad a pasture of eight hundred acres has been enclosed. Apparatus — All departments of instruction are well supplied with implements and instruments of the latest and best forms. The agricultural department is equipped with hand tools, machinery .and mules for farm work. The machine shops are well furnished with wood and metal working machinery and tools. The chemical and phj^sical laboratories have recently received important accessions of apparatus. The de- partment of civil engineering is supplied with a full set of surveying and engineering instruments. Military Organization and Discipline — For the pur- pose of maintaining good order and dicipline,aswell as for the proper execution of the law of congress requir- ing military instruction of the students, they are or- ]50 THE UNIVERSITY OF TEXAS. ganized into a battalion of two or more companicH. The battalion is under the immediate command of the commandant. '1 he officers, commissioned and non- commissioned, are students taken lor the most part from the first and second classes. They are ap[>ointed by tlie chairman of the faculty upon the recommenda- tion of the commandant, and their appointment and rank is made to depend upon the active and soldierly performance of their duties, their sense of duty and responsibility, and their general good conduct and class standing. These officers, not merely at drill, but at all times when on duty, assist in keeping good order in and around the buildings. In their various positions of graduated responsibility they not only aid mo»t ef- ficiently in miaintaining discipline, but continually practice and are trained in the exercises of the highest qualities involved in obedience and command. BRANCH FOR COLORED STUDENTS. The legislation intended to justify the use of Uni- versity funds for the Prairie View Normal School is re- viewed by Governor Koberts in his message of April 6, 1882, to the Seventeenth Legislature and is amusing. According to the governor's statement it is evident that the school was not the colored branch of the Uni- versity contemplated by the constitution (Art, 7, Sec. 14), for that was to be located by a vote of the people, and no such location had been made, or was made, till November, 1882, when it was fixed at Austin. But the A. and M. College in Brazos county was a branch of the University; so the colored school was made a "nor- mal and an A. and M. College for training colored teachers" and "teaching colored youths" in Waller county, and as such, was retained under the control of the A. and M. College in Brazos county, and with this name and its uses multiplied was thus ready set forbeni- sons from any quarter — from free school, normal, col- lege or university appropriations. The legislature , how- ever, made the ridiculous mistake, as to designation of a fund, by providing that the comptroller set apart a specified amount for it annually "out of the interest cruing from the University fund appropriated for the THE UNIVERSITY OF TEX.-NS. ]ol support of the free public schools." There being no such fund of the University, Comptroller Darden lib- erally construed it to mean "a simple appropriation out of thti University's available fund"' as being the intent of the legislature for his government; and two legisla- tures (Sixteenth and Seventeenth) persisting in mak- ing appropriations for it out of that fund, it came to be regarded as an addition to the A. and M. College at Bryan, entitled, branch of a branch college as it was, to some share of appropriations from the University fund. Comptroller Brown who succeeded Mr, Darden persistently refused to admit the accounts of the school under such appropriations, on the ground that it was unconstitutional to pay them out of the University fund; and fihnlly the school passed out of consi Univcrsilv of 'JVxa«, tit tlie ''ity of (jalvesion ; Pro vided. That th-- said city of Galveston i-hail donate to the Univer- sity of Texas block GU8, in sa'd city. lo be us( d for the Medical Branch of said instituton And provided furtlier. That the execu- tors of the estalied in the discretion of his executors, followed by further action ol' Mr. George Sealy, as executor, and Mrs. John Sealy, as executrix and principal legatee, in extending the benefits of the provision In'' further grants, altogether aggregating about $70,000 from the estate. The donation from the Sealy estate was originally to the city of Galveston, on condition that the city would donate the south half of the city hospital block for a site, and agree to conduct a hospital thereon. The city, after formally accepting the donation, and with the assent of the Sealy executors, offered the State the Sealy Hospital and the old hosi.ital buildings thereon, upon con(iiti(ni that the legislature would agree to appropriate the sum of $50 000 towards the erection of the medical department building of the University in Galveston, which question had alread}^ been determined in favor of Galveston by a vote of the whole State. The legislature accepted th's proposal and made an appro- priation as asked. At the next meeting of the legis- lature Galveston offered to donate $25,000, upon con- dition that the State would appropriate a like sum for the college. This proposal was accepted and the State purchased the block of ground, the city's contribution being applied towards completing the medical college building. The furnishing and equipping of the hos- pital was done by the city of Galveston, and contri- butions were made by the citizens of some $6,000 to 150 THE UNIVERSITY OF TEXAS. ^7,000 for the equipment of The Texas Medical Col- lege and Hospital, the medical school now being carried on in Galveston. This equipment is to be turned over to the medical department of the State University a» soon as that department is put into operation. As the tacts actually transpired, the fc^ealy executors donated tlic? hospital to the city, as the inscription on the building states: — ''The gift of John Sealy to the city of Galveston, for the benefit of humanity and science." The city deeded it to the State, under terms securing perpetually in the regents of the University, a voice in the management of the institution, so as to better adapt it to the purposes of a medical college hos- pital. The city now holds possession of the hospital under a twenty-five years lease from the University regents, the conditions of the lease being such as to enable the regents as trustees for the State, on behalf of the University, of the hospital property, to exert a wholesome control in the general management of the hospital, and among other things, securing that the faculty of the medical college shall constitute forever the medical and surgical staff' of The John Sealy Hospital with all facilities for clinical instruction. Pending the establishment of the medical depart- ment of the University by completion of the college building, and awaiting appropriations r.ecessary to equip it and put the college into operation, the hospital premises are used by The Texas Medical College, which is already in operation, as stated, and is in charge of the following faculty: Dr. B. E. Hadra, Dr. I. A. West, Dr. J. F. Y. Paine, Dr. H. T. Cooke, Dr. Ed. Randall, Dr. J. H. Wysong, Dr. George Dock, Dr. C. W. Trueheart, Dr. George H. Lee, Dr. George P. Hall, Dr J. W. Pettus and Dr. Charles C. Barrell. Following the action of the legislature a meeting of the University regents was held in Galveston June 20, 1889, ill the Ball High School building, when all the members being present and pending the ques- tion of the location of the medical college (branch of the University), a resolution offered by Regent Thompson was adopted, and a committee was ap- pointed to effect a lease of the Sealy Hospital to the K c " r r tw '■% il'i ,11 ri 1^ i^^ THE MEDICAL COLLEGE AT GALVESTON r\ THE UNIVERSITY OP TEXAS. 161 city council of Galveston for a term of years, reserving all clinical, medical, or other rights which are neces- sary or proper for the medical department of the Uni- versity." The coramitte was instructed to investigate and record the State's title, and perfect the same if defective, before making the lease. Dr. Trueheart, of Galveston, was present at the meeting of the board to represent the interests of the city in the matter. The board visited various sites proposed for the location of the medical branch, and invited Messrs. George ^ealy and Walter Gresham to unite with them in selecting for purchase the best site thatcould be procured for the college. Resolution by Regent Shepherd w^as adopted, "that $25,000, or as much thereof as necessary, accord- ing to the appropriation of the Twenty-first Legislature, be appropriated for the purchase of land within the limits of the city of Galveston for the location of the Medical Department of the University of Texas ; pro vided, that before said sum, or any part thereof, shall be expended, the city of Galveston shall have deposited with the treasurer of the State of Texas the sum of $25,000 for the Ui^iiversity for the purpose provided in the act of the legislature." The building committee was authorized to make and perfect the purchase of the land, and Messrs. Sealy and Gresham were invited to act with the committee. Original plans of N. J. Clay- ton, which had been enlarged to correspond with the increased appropriation, were accepted, and the com- mittee was authorized to advertise for bids for con- structing the building. They finally reported the selection and purchase of a suitable block of land for the college, near the John Sealy Hospital, at $22,889.46 and that the proper deeds were received. Under the provisions of the grant of money by the legislature to build the college, that the city of Galveston should donate a like amount with the State, the regents re- solved, that before any other steps be taken by them looking to the erection of the college building, the city of Galveston should deposit in bank in that city, the sum of $25,000, subject to the control of the regents. These provisions were finally complied with, and the college building is now nearing completion. The leg- 162 THE UNIVERSITY OF TEXAS. islature will be applied to for an appropriation to furnish it, ready for putting the medical department of the University into operation next session. The hospital has been leased by the regents to the city for twenty, five years on the tbllowing terms: i^n annual rent of one dollar, and on condition that the city of Galveston will use the property exclusively for hospital purposes, and that the hospital shall be known as the John tSealy Hospital. The city is to provide all officers and em- ployes, and furnish and equip the buildings used for hospital purposes with all furniture, stores, medicines and appliances necessar}^ to make the same in appoint- ment and equipment a first class hospital, as may be determined by the city council for the cure of sick, wounded and disabled persons, and will maintain the same as such during the term of twenty-five years free of cost and expense to the State of Texas; provided, however, this shall not apply to tlie visiting medical or surgical stafi of the hospital who shall hereafter be provided and designated by the board of regents of the University of the State, and who shall serve gratu- itously. The city is to keep the property insured at two-thirds of its estimated insurable value, the policies to be payable to the University regents for the State, and the insurance money to be used for repair, restor- ation or rebuilding of structures equal in all respects to the original. The city is to keep the buildings in good repair, ordinary wear and losses excepted. The State, through the regents, reserves the right, at any and all times, to enter upon the premises, and to alter or improve them at the iState's expense, the better to make the hospital subserve the purposes of a medi- cal college hospital to the medical department of the State University; provided that in so doing the use of the premises by the city for the purposes declared in the lease shall not be materially interrupted or im- paired. The sixth clause of the lease reads : "That the State, through the Board of Regents of the University, reserves the right of use, by the faculty of the Medical Department, of the operating amphitheatre, the wards and the grounds of said hospital property, for the pur- THE UNIVERSITY OF TEXAS. 163 poses of and so far as may be necessary to the clinical instruction of students attending the Medical College of the State, located at Galveston ; also the right for such purposes to the special conduct of the treatment of all charity patients of said hospital. And the said city hereby agrees to furnish all the facilities that the said hospital may afford for the legitimate, clinical and other teaching of the students attending the said Medi- cal Department, and also to place at the disposal of the faculty of the Medical Department, as far as may be required by said faculty, for dissecting, pathological and other purposes of instruction, the dead bodies of all charity patients who may die in said hospital and of which the said city may have the right of disposi- tion." The seventh section reads: "That while the said hospital must of necessity, under the provisions of the present charter, be under the control of the Board of Health of the city, yet it is understood and agreed that the city council will immediately on the assembling of the next Legislature of the State of Texas in regular session, apply for such amendment or amendments to its present charter as will place the management of the John Sealy Hospital under the exclusive control of a special board of managers, to be known as the John Sealy Hospital Board, to be chosen or appointed every two years and within thirty days after the installation of each new board of council of the city of Galveston, and to consist of five members as follows: Two from the city council of the city of Galveston, one of whom shall be the chairman of the committee on hospital and health, and the other the chairman of the com- mittee on finance and revenue; two to be named by the board of regents of the University of the State, and these four to select a fifth; provided, however, that all the members of said John Sealy Hospital Board shall be resident citizens and tax payers of the city of Galveston. And the said Joha Sealy Hospital, when so organized, shall have the exclusive right to appoint the house surgeon, steward, matron, nurses and such other subordinate oiBficers and employes as may be re- quired for carrying on the said hospital; to designate 164 THE UNIVERSITY OF TEXAS. their duties, fix or change their salaries or compensa- tion, and to suspend or discharge such officers and employes at pleasure; provided, always, however, that the said board shall in no event and in no one year exceed in their expenditures the annual allowance set apart by the city council for defraying the expenses of said hospital, the said council reserving the exclusive right at all times to regulate and determine the amount of money to be expended in carrying on or conducting the said "hospital. The said John k^ealy Hospital shall also have the exclusive right to make rules and regula- tions for the management and conduct of the hospital in all respects. In short, to have the exclusive management and control of the internal government thereof." The eighth section reads: '"It is understood and agreed, that should the city council fail or neglect to apply to the legislature of the fc^tate, at its next regu- lar session, for the passage of such amendment or amend- ments to the city charter as are herein contemplated, and as have already been formally pledged by said council, by resolution adopted September 7, 1869, or, after so applying and being unsuccessful in the effort, shall fail or neglect to apply, at each subsequent regu- lar session of the legislature held during the period stipulated in said lease, for such amendment or amend- ments to the said charter, until successful in procuring the same, either as herein contemplated or in such modified or changed form as the legislature may, itself, see proper to make; then and upon such neglect or failure to apply for said amendment or amendments, the said lease shall, at the option of the board of re- gents of the University, acting for the State, terminate, and said regents, acting for the State, shall have the right, at any time after the adjournment of the legisla- ture to Avhich said council so failed or neglected to apply, to enter upon and take possession of the said John Sealy Hospital, grounds and premises, and eject therefrom any and all persons whomsoever." The ninth section regulates the admission of chari- table and pay patients. The tenth section provides that the financial affairs of the hospital shall be under THE UNIVERSITY OF TEXAS. 165 the exclusive control of the city of Galveston. Other sections relate in detail to the management of the hospital, and the last section, (section 17), gives the city of Galveston the right to renew the lease upon like terms and conditions, upon giving ninety days notice next before the expiration of the lease, which is signed, Thos. D. Wooten, president of the board of regents of the University of Texas, and A. P. Wool- dridge, secretary of the board, and by R. L. Fulton, mayor of the city of Galveston, and Dan'l. J. Buckley, city clerk. The hospital occupies the same block with the col- lege, standing about sixty feet from the college build- ing, and is well equipped. The college itself is a model of beauty and usefulness in its design, and will be provided with every desirable convenience, and the most complete equipments that the means w^iich the legislature ma}^ grant, will afford. Both buildings have the charming advantage of location directly on the beach of the Gulf of Mexico. The following description of the college is taken from a copy of the Galveston News, furnished to the author by Mi*. Dudley D. Bryan, city editor of that paper : "The building is being constructed by the State and will be used in connection with the John Sealy Hospi- tal, it has h frontage on the strand, between Ninth and Tenth streets, of two hundred feet. There is a breadth of seventy feet for the main building and cir- cular wings, with a central projection and portico extending twenty feet on the front, and a staircase and boiler room projection in the rear, on the bay front, extending forty feet, making a total width of one hun- dred and thirty feet. The length of the structure is ninety-two feet, the height of the central pavilion one hundred and two feet, the height of the boiler and general toiling rooms is 48 feei>, and the smokestack connection with the same looms up to one hundred and five feet. The building is in the modern plan of romanesque design, the same which has been adopted by the most eminent American architects in their best designs for collegiate and public buildings. The 166 THE UNIVERSITY OF TEXAS. leading features of the exterior are the unique and massive round arches, deep projecting pilasters and circular buttresses terminating the principal angles. There is also an arcade of small windows, which form an effective finish for the circular wings and main front. The building is elevated upon a basement twelve feet high which is made up of colossal piers and arched constructions, and the foundations consist of heavy isolated pieces. This is a plan adopted by Mr. Clayton in construction of his largest buildings here, and it is a plan that has been approved by leading architects in Chicago and other localities where the surface foundation is similar to that of Galveston. The basement will be used for a boiler room, janitor room, and will also contain the cauldron room and the tank room. These are connected by a dumb waiter to the dissecting room on the third floor. An elevator will connect the basement with the other floors. The main interior staircase also leads down to the basement,, which will be tiled in the principal part and paved in the other. Under the main entrance porch will be a porte cochere for carriages and other vehicles. ''A spacious flight of steps leading to an ornate portico gives direct entrance into the main portion of the building or first floor. Opposite the principal en- trance and through a broad corridor will extend the grand staircase, giving access to the .other floors. Across this hallway is another large corridor, running east and west through the building, which opens into a lecture room for chemistry and practice. This is in the circular wing in the west flank of the building, and is connected with spacious compartments, which will be used as a chemical laboratory. The divisions on this floor consist of offices for the dean, secretary and professors. The second floor will contain the two- principal lecture rooms; one iii the west flank will be devoted to physiology and materia medica, and the other in the east flank to anatomy. They are built in amphitheater form and have a dimension of fifty-six feet in width and forty eight feet in length, the pro- jectures from the main building being thirty-six feet in height. The estimated seating capacity for each is THE UNIVERSITY OF TEXAS. 167 three hundred. The platforms and seats will radiate parallel with the external walls and will extend from the second to the third floor, a height of sixteen feet. Light and ventilation will be furnished by an arcade of windows above the seats. The ceilings of the lec- ture rooms are curved with a view to securing proper acoustic properties. The amphitheater form of these lecture rooms produces an effect upon the external design of the building, which is both striking and pleasing as well as being. novel and attractive. The vacant spaces underneath the seats will be used by the subjects in physiology and for a museum of anatomy. This story will also contain the private rooms of the professors of chemistry, physiology, anatomy, surgery, obstetrics and pathology, as well as the experimentary rooms in photography, microscopy and tjacteriology. The third, or top floor, contains the general dissecting room, which is thirty-six by eighty-three feet and is twenty-four feet high. It has a curved ceiling, and its longest front faces south, giving abundant light. There are twenty-six dissecting tables in this apart- ment, and the dean's lecture room and assistants' rooms adjoin. "At the east and the Avest end of the dissecting room are lavatories and wardrobes for the especial use of the professors and students. The upper portion of the amphitheater, of the lecture room can be entered on this floor, as well as from the story below. The central facade of the main building is surmounted by an im- proved pavilion roof, which adds greatly to its archi- tectural beaut}'. Cedar bayou pressed brick have been used in the construction, large quantities having been laid in a zioj-zag course, which produces an artistic effect. The roof will be slated in stones of blue and green, and artificial red sand stone has been used for columns, sill courses, hoods of arches and orther dec- orations. Polished columns of red Texas granite adorn the entrance, and encaustic tiles will be placed on the front porticoes. The interior will be finislied off' in natural woods, principal among which the Texas pine and cypress will predominate.'' Messrs. Clayton & Co., (N. J. Clavton and P. S. 168 THE UNIVERSITY OF TEXAS. Rabitt), of Galveston, are the architects, and Mr. Au- gust Baumbach, of Houston, is the contra; tor for the Medical College. Mr. J. C. Cameron is employed to assist in superintending the work. The structure is rapidly nearing completion under the improved plans designed by Mr. Cla34on, after visiting the medical colleges in New York, Philadelphia and other places — mainly upon the plans of the College of Philadelphia. Mr. Clayton found that very few medical colleges had the advantage of having their hospitals on the same grounds as the college buildings — an advantage upon which the professors of such colleges laid great stress. He has prepared the following interesting repoi't of his visit, and recommendations addressed to the Univer- sitv Regents: Galveston, Texas, December 9, 1890. To the Honorable Board of Regents of the University of the State of Texas, at Austin, Texas, through Dr. T. G. Thompson, chairman of the Building Committee, college building for the Medical Branch, at Galveston, Texas: Gentlemen — I herewith respectfully submit my report upon my examination into those special features of the leading medical schools, colleges and hospitals of the Northern and Eastern ^States, in accordance with my instructions and under the authority of your honorable board, namely, the general design, arrange- ment and construction of the special development in the scientific departments and their subdivisions, the laboratory, dissecting room, with the attending offices, furnishings and administrative requisites, which, together with the numerous details intimately con- nected therewith, were a work of time, labor, and expense which doubled the amount of your appropria- tion for this purpose, but for which I make no claim. The colleges and hospitals visited were ns follows: In Baltimore, the medical school of the Johns Hopkins University, and the renowned hospital of that name in that city. In Philadelphia, the medical school of the University of Pennsylvania, the Jefferson Medical College, and the Hannemann Hospital and Medical College. In New York, the College of Physicians and THE UNIVERSITY OF TEXAS. ]69 Surgeons. In Boston, the hospital of the city of Boston, and the medical school of the Harvard College, and the Massachusetts General Hospital. As the result of my examination, the University of Pennslyvania has, in my opinion, the most extensive, complete and comprehensive chemical laboratories in arrangements, details, and scientific construction of the various institutions visited by me, excelling particularly in space, ventilation, lighting, water supply, and the many minor details essential to sucli laboratories. The museum is also excellent in constructive arrangement, classification, and also in the extent of its acquisitions, though in this re-pect that of the College of Physicians and Surgeons of New York and of the Johns Hopkins University of Baltimore possess similar merits. In the arrangement of its microscopic department, lighting, etc., it is equalled only by the new microscopic depart- ment of the medical school of the Harvard University now being completed. Both are, however, essentially different in the means of lighting adopted and applied in the construction of these buildings. In the arrangement, ventilation, method of lighting and in the many important details essential to the scientific construction -of a dissecting room, with its attendent offices and the various requirements of same in storage, refrigCx-ating apparatus, elevators, electrical and other appliances, and the outgi'owth of these necessities in water-proof sanitary floors, wall surfaces, skylights, and especially designed and prepared plumb- ing fixtures, the College of Physicians and Surgeons undoubtedly stands unequaled. In its department of microscopic research, bacteri- ology, etc., in constructive arrangement the Johns Hopkins University is the peer of the University of Pennsylvania. In its phonographic department alone is the evident superiority in construction of the Penn- s^dvania Medical School made known b}^ its arrange- ment of dark rooms, etc. The general superiority in the constructive arrange- ments and appliances of one school over the other exists only in isolated details, the outgrowth of special requirements, evidentl)^ developed by some scholarly 170 THE UNIVERSITY OF TEXAS. specialist wholly devoted to the advancement of his profession and enamored with its simplest and most laborious details in ventilation, lighting, sanitary appliances, hygiene, gases, water supply, etc. As the result of careful study and examination of the different buildings named in the most essential details, 1 would suggest that a skylight be introduced in the ceilings of each of the amphitheaters, the anatomical lecture room, and the amphitheater of physiology and materia medica, over the tables of the demonstrators of anatomy or chemistry. Also the introduction of the- necessary closets for the chemical apparatus and chem- icals, anatomical specimens as prej tared by the prosec- tors for the lecturers, and the numerous instruments, appliances, etc., requisite. Also that provision be made for additional ventilating tubes, ducts, and apparatus for these rooms. Also for the introduction of water- pipes for two distinct services to supply the different kinds of water constituting our supply — rain water and that of artesian wells. Also for the introduction of a distinct electric and gas lighting service for these principal lecture rooms. I would advocate the use of steam heating for this building on account of its value in combination with its application to the operation of elevators, ventilating fans, and the refrigerating apparatus necessary in this climate for the preservation of anatomical materials, and the operation of a dynamo for lighting and the electrical power requisite to-day for general use, and also in its application to experimental purposes and physical research. An ample supply of gas is requisite for the lighting of the entire building, and for heating in the depart- ment of physics and the physiological and chemical laboratories. Also a plentiful duplicate supply of water for the entire building, particularly the dissecting room,, is requisite. I have not seen a system of sanitary appliances in plumbing fixtures and arrangements superior from a hygienic point of view to that intended for this build- ing; a slight modification only is necessary. But a system of sewerage must be provided for carrying of!' THE UNIVERSITY OF TEXAS. 171 the excreta to meet the peculiar requirements of this locality, which, from my experience and examination of the facilities existing in the other places, is alto- gether unique, involving the use of a storage cesspool or vault, thoroughly ventilated by artificial means^ with a water supply and a long line of sewerage pipe to lead to the channel across the flats, to be controlled and emptied periodically at the outgoing of the tide. It will also be necessary to construct the top of the floors in the dissecting rooms to meet the requirements of the concrete and asphalt floors, graded and sewered tosuit the materials and construction of the same in their modification to this the best system in use in the prin- cipal medical colleges in the North, which is absolutely necessary to prevent saturation by the large quantities of water used, which would destroy the ceilings below. To complete in a proper and fitting manner the interior of this building in accordance with the best modern practice in construction as applied to medical schools and institutions of this kind in the Northern States, as developed by my studies and researches dur- ing my visit to the institutions I have named, will require an additional expenditure above the sum named by me in mv report of June 6tli last of $8,500, or a total of $34,000. Very respectfully, yours, N. J. Glaytojt, architect, of N. J. Clayton & Co. Following data pertaining to the hospital was fur- nished to Dr. T. C. Thompson, of Galveston, one of the University Regents: Capacity of general wards . 0(5 beds Capicity of private moius 12 beds Number of hopital bpds 80 Average number of pati nra at present 70 Average number out p ttients per month 40 Total number inmates since Jan. 10 1000 Total number out patients since Jan. 10 423 Total re vetiue (private and ward) beds from May 8 to Oct, 21. $1145 30 The available capacity of the ''Old City Hospital "^ (now used for colored patients) would be about 'SO beds. The rooms on the first floor, at present occupied by the college, would afford additional space, say tor 40' beds — this being a low estimate. 172 THE UNIVERSITY OF TEXAS. A most notable feature in connection with the hos- pital at this time, is the Ladies Training School for Nurses. 'I hey have supreme control (in harmony with our rules and regulations) of the nursing of all white patients, both ward and private, and are discharg- ing such duty most efficiently and satisfactorily to the management. For their special benefit a course of lectures has already been inaugurated, and will em- brace such topics in medicine as are necessary for a trained nurse's education. This auxiliary alone is cal- culated in the near future to give important prestige to the institution. It cannot be otherwise with such prominent and enterprising ladies as are at the head of the movement: Mrs. B. A done, Mrs. R. B. Hawley, Mrs. J. G. Goldthwaite, Mrs. George Ball, Mrs S. Hart- ley, Mrs. George oealy, Mrs. W. F. Ladd, Mrs. J. H. Hutchings, Mrs. M. Kopperl, Mrs. John Sealy, Mrs. Andrew T. Mills, Mrs. Walter Gresham, Mrs Aaron Blum, Mrs. Robt. Irvine, Mrs. P. J. Willis, Mrs. J. C. League, Mrs. Chas. Fowler, Mrs. George Mann, Mrs. L. Fellman, Mrs. W. Zeigler, Mrs. T. J. Groce, Mrs. J. F. Roecke, Mrs. Gresham, and perhaps otliers whose names are not furnished. The hospital is at present, and has been for some time, in charge of a very efficient officer. Dr. J. H. Wysong, as superintendent and house surgeon. In appropriate places on the front of the edifice are the following inscriptions: "This Building, erected in 1888, is the Gift of John Sealy to the Cit}^ of Galves- ton for the Benefit of Humanity and ^Science;" ;'ln Memory of John Seal3^ born in Wyoming Valley, Penn.,in 1822, Settled in Galveston 'in 1847, Died in Galveston in 1884;" ''With malice towards none, with charit}'- for all, he was God's noblest work — an Honest Man." The names of Charles Fowler, J. P. Davie, Dr. Charles W. Trueheart, Dr. J. F. Y. Paine, and John Kemeschoffer are also inscribed as the build- ing committee. The institution is already fairly complete in its outfit and is certainly to be regarded as a great desideratum for the college as a medical branch of the University. THE UNIVERSITY OF TEXAS. 173 THE FEDERAL COLLEGE LAND GRANT. [From Publications of U. S. Bureau of Education.] "At the time of the organization of the Agricultual and Mechanical College in Texas, in 187(5, there was but little sentiment in the Southern States against the exclusive study ot the classics at the expense of the sciences and mechanic arts, and it is therefore not sur- prising to learn that the college opened as a classical and mathematical school for academic instruction rather than a technical school for the purpose of special training. While not neglecting the instruction in ag- riculture and the mechanic arts and the studies adjunct to these, the classical instiuction and general culture of the institution received the most attention. In this the institution but supplied the demands of the citizens of the State, and was not contrary to general act of the Federal Government, making the grant and establish- ing the conditions upon which such school should be founded. But totally unprepared for teaching sciences and agriculture, the multitude of students who flocked to the school did not receive what they came for, dis- satisfaction arose, and the school proved so nearly a failure that it was necessary to call a meeting of the directors in November, lfS79, when the school was re- organized. The Latin and Greek were consolidated and made subordinate and optional, while the courses in science and agriculture Avere made more prominent.* "It is to be noted that the attempt to maintain a sys- tem of manual labor on the farm failed here as else- where in the majority of cases where it has been tried. It was not till 1882 that the agricultural and mechanical departments were put into full operation. There has been a flourishing military department from the begin- ning. In 18^8 the board of directors, in accordance with the act of Congress of 1887, established an expe- rimental station in connection with and under the control of the authorities of the colleore. "A summary of grants shows that the State has made ♦This rpoganization was effeet^d by the removal of thf^ old board anrl appointment by Governor Roberts of a-i entirely new bond of managers, who changed nearly every member of the faculty and adopted new methods of instruction and management. 174 THE UNIVERSITY OF TEXAS. the following libenil appropriations for the support of the school : In 1871 for building, etc $75,000 00 1874 for buil linu:, etc 40,000 00 1875 for buildinf?, etc ;3',\U00 00 1876 for bnildint?, etc 40.(»(i0 00 1879 tor library and apparatus 15.000 00 1881 for iiupr.jveinents 4,i»87 44 1881-83 Sca^e students 15,000 00 1883-84 State srudents 6,000 00 1883-84 expent-e of land suit 8,000 00 1888-S4 repairs, improvements, etc 40,000 00 1885 80 maiiitenaiice and support 30,000 00 1887-89 ujaintenance and .'support 35,000 00 1888 repairs and further equipment 41,5()0 00 Total State appropriations $382,487 44 "The State misappropriated from the University fund as follows: Act July 9. 1879 $15,000 00 Act April 1, 1881 15 000 00 Act April 23, 1883 I0,(i0a 00 Act April 1, 1S85 • 10,000 00 Total $50,000 00 "The productive fund of the institution is tw^o hun- dred and nine thousand dollars ($209, 000), yielding an annual income of $14,280; one hundred and seventy- four thousand dollars ($174,000) being invested in seven per cent State bonds, and thirty-five thousand dollars ($35,000) in six per cent State bonds. The value of the lands and buildings amounts to $228,972." What Edward Everett »aid in his oration on "Aid to Colleges," quoted by Mr. F. W. Blackmar, from "which the foregoing statement is taken, is equally applicable to the question of aid to Universities: "But," said Mr. Everett, ''we are still told that common school educa- tion is a popular interest, and college education is not; and for this reason the State is bound to take care of the one and not of the other. Now 1 shall not put myself in the false and inivdious position of contrasting them; there is no contrast between them, no incom- patibility of the one with the other. Both are good; each is good in its place; and I will thank any person, who can do so, to draw the line between them ; to show why it is expedient and beneficial in a community to THE UNIVERSITY OP TEXAS. 175 make public provision for teaching the elements of learning, and not expedient nor beneficial to mak(s similar provision to aid the learner's progress toward the mastery of the most difficult branches of science and the choicest refinements of literature." In face of such authority as Mr. Everett, President Elliott, of Harvard University, is cited b}^ Mr. Black- mar as holding in an address delivered in 1873 that the State might provide for universal elementary edu- cation on the ground that it was a cheap system of police for the national defense, but that no man ought to be taxed to send another man's son to the high school or college. It is strange that opposition to State and to higher education should stiil obtain in such high quarters; and yet not so strange either when expressed by a university president who happened to be seated at the head of a great institution which has had its several million dollars from private munificence, besides over seven hundred thousand dollars from JState support, and is now so grandly endowed as to be entirely inde- pendent of State aid. If President Elliott's theory of taxation that no man should be taxed to school other men's children in the more advanced education generally obtained it would virtually preclude the establishment of State univer- sities, and, limiting public instruction to the free schools would exclude the masses from free universty instruction, and force them* for higher education to patronize pay institutions, which they could not well afford; and in Texas, where the negroes pay compara- tively but a small proportion of the State school tax, would largely deprive them of the benefits of instruc- tion in free public schools, as the school fund derived from negro taxation alone would hardly suffice for the single expense of school buildings, much less for the recurring expense of providing teachers and text books. And what a strange idea that the State should not go further than the simple promotion of elementary edu- cation "as a cheap system of national defense," as though her glory as a State, or usefulness in the 176 . THE UNIVERSITY OP TEXAS. national sisterhood, would not be similarly, if not equally, subserved by pre-eminent intellectual culture of her leading citizens, as well as by limited common school education of the masses of the people! What peculiar mental measurement of police sufficiency! What strange adjustment, limiting public education to such admeasurements as mere police or military sub- serviency! Certainly Dr. Elliott's assumption would better apply to despotic countries where education is compulsory and largely military in its methods, be- cause deemed necessary for the protection of the gov- ernment, or to promote its martial power and spirit of aggrandizement. It does not suit American ideas and conditions, or the American policy as to educational requirements. Ever^^ ^tate should establish and foster its own State University. Such institutions may not exert so general benefits as the free schools, but they radiate a far brighter intelligence, scintillating their effects from the highest sources of knowledge, with a loftier and fuller glow, and an intenser heat of intel- lectual effulgence. They may not be so generally use- ful as the common schools; but still are as highly necessary for the public good, involving as they do the higher instruction requisite for rounding and per- fecting the ordinary education ot the people. Further along in his book on "Federal and State Aid to Higher Education," Mr. Blackmar says: "It has been held by some individuals, and at times by some Legislatures, that thsr administration of education by the State is a great extravagance, and a plea of economy and for low taxes is always used to defeat appropriations. To this class of arguments the Hon. Andrew D. White answers as follows: "Talk of economy! Go to your State Legislatures — what strange ethics in dealing with the public institu- tions! If asked for money to found an asylum for idiots and lunatics or the blind or the deaf and dumb, you will find Legislatures ready to build palaces for them. Millions of dollars are lavished upon your idiots and deaf and dumb and blind and lunatics. Right glad I am it is so ; but when 3'ou come to ask aid even in measured amounts for the development of THE UNIVERSITY OF TEXAS. 177 the young men of the State, upon whom is to rest its civilization and from whom is to flow out its prosperity for ages to come, the future makers of your laws and institutions, how are they to be left to the most meagre provision during all their preparation?" EDUCATION OF COLORED CHILDREN. \s to the question of the education of the colored race, Governor Koss recently prepared and published an exhibit of what Texas, under democratic rule, has done and is now doing for the education and better- ment of the colored race, in which he presents the fol- lowing statement: "'Ihe democrats have been in power in Texas about fourteen years, but the present school system has been in operation only about ten 3^ears. During the last ten years the democrats of Texas have paid to support public schools for the colored children as follows: School Tear. Colored Children. Pro Rata. .^uiouul Di^tribu^e(l. 1879-80 57,701 $3 00 $173,103 00 1880-81 60,777 3 00 200,33100 1881-82 68,015 3 25 221,018 75 1882-83 75,341 3 61 272.357 70^ 188:3-84 80,065 4 50 330,292 50 1884-85 103,5:36 5 00 517,680 00 1885-86 115,941 5 20 622,893 20- 1886-87 124,842 4 75 5!t2,999 50 1887-88 125.515 4 50 582.817 50 1888-89 135,184 4 00 540,736 00 Total $4,064,250 15 In ten years, he adds, the colored scholastic popula- tion increased 134 per cent and the white 113 per cent. Owing to over estimates of the available school fund in 1885 and i88G, there were deficiencies which had to be met out of the school revenues of the years 1888 and 1889, reducing the pro rata, by which reduction the Avhite and colored children suffered equally." In the same connection, it may be added, that the constitution of 1866, (section 7), while declaring that "the Legislature may provide for the levying of a tax for educational purposes," also provided that all the sums arising from said tax which may be collected 178 THE UNIVERSITY OF TEXAS. from Africans, or persons of African descent, shall be exclusively appro})riatcd for the maintenance of a sys- tem of public schools for Africans and their children; and it shall be the duty of the Legislature to encourage schools among these people." Such special provision was, however, dropped from the constitution of 1876, thus allowing for the educa- tion of colored children the benefits of a pro rata of the State's entire school fund, instead of the limited amount collected by taxation from colored people. The question of higher as well as ordinary education of the colored race is one which demands attention of the University regents, as well as of the legislature, under the requirements of the law providing for a colored branch university. If it is intended to put it at once into operation the regents should be provided with seperate funds in addition to those of the univer- sity fund. As has been suggested it might be better to give the colored people a separate university. Either this, or if it is not practicable under the constitution, let the scope of the Prairie View colored school at Hempstead be raised for the present to as high standard as practicable for their more advanced education, or such as may be advisable in the line of university ed- ucation. It has also been suggested that some arrange- ment might be advantageously effected by the State to incorporate the Tillotson Institute, as a university for the colored people, or as a branch of the State University required to be located for them at Austin. If tliere is a constitutional inhibition in the way of solving this matter so that the State, if desired, can give the colored people an independent university, instead of a branch institution, then the constitution would seem to be out of joint with the changed relations of the people of both races. THK UNlVEEiSlTr OF TEXAS. nu CHAPTER III ESTABLISHING THE UNIVERSITY. ''COLLEGES OR UNIVERSITIES." At the same session of the third congress of Texas, which provided for locating the Capitol and the Uni- versity, there was passed "an act appropriating certain lands for the establishment of a general system of edu- cation," approved January 26, 1839, in which the pres- ident was required to have surveyed fifty leagues of land, to be set apart for the establishment and endow- ment of two colleges or universities." It is strange, that following this, no mention is made of this land, or the question of a university or univer- sities in the constitution of 1845. Subsequently, how- ■ever, in pursuance of law, the lands were located and surveyed in the counties of Cooke, Fannin, Grayson. Hunt, Collin, Lamar, McLennan, Hill, Callahan and Shackleford, and have, most of them, been sold under laws for that purpose. About thirteen thousand acres of the McLennan lands, and some eight thousand acres in Grayson county, remained in litigation, and pro- vision was made by law to quiet tittle to them, (acts of 1879 and 1881). By special acts of January 4, 1862, December 16, 1863/ and October 20, 1866, time for paying interest on the lands in litigation was extended. The lands in McLennan county, alleged to have been located in conflict with a Spanish grant to Joachin Morena, and on which interest had consequently been suspended, had mostly been sold under an act of 1874, and b}^ act of March 6, 1875, it was further provided that settlers upon the Hill and McLennan lands should not be compelled to pay the amounts due upon said lands until the suit pending in behalf of the Moreno grant shall have been decided and the title to the land settled. A favorable compromise of the Moreno con- trovesy has i-ecently been effected through the efforts of Gov. Ross with Gen. Mexia, of Mexico, by which the 180 THE UNIVERSITY OF TEXAS. title to about 6,000 acres of the McLennan lands has been confirmed to the State, and the present Land Commissioner, Capt. Hall, at once placed on sale for the^ University such lands as had not been sold, which, un- fortunately for the University, as they are now so much more valuable, were only a few hundred acres. The compromise was virtually about one-half for the other and is ver^^ favorably regarded by Judge Clark, of Waco, who was the attorney in the case, as the title was so old and clouded an}^ recovery whatever was doubtful and the State was not likely to substitute other lands for them to the University. These lands, though now so much more valuable, were mostly claimed from the State at $1.50 per acre, the State's original price for air'school and University lands," and w^ith indulgence from paying up the interest till the suit as to the title from the State was settled. There are persons familiar with the matter who do not consider the compromise as advantageous to the University as might be supposed, though quite advan- tageous to the State, since the latter has the benefit of the lands to make good titles she assumed to confer in selling them for actual settlement, while the Univer- sity, as most of them had been sold by the State, has to- accept the State's old price for them $L50per acre under the act of 1874 under which the sales were made. The McLennan lands (about G,00U acres) embraced some that had been sold and patented, and a few hun- dred acres only as stated that had not been sold at all. As to the value of the lands embraced in the fifty leagues which had been given to the University and of which the McLennan lands were a part. Governor Throckmorton stated in his message to the legislature in 1866, that 58,523 acres of the fifty leagues (221,400 acres) which were surveyed in 1856 had been sold at an average price of $3.34 per acre. Prior to the com- promise with Gen. Moreno, Land Commissioner Hall held that the act of 1875, extended the time of pay- ments only on purchases actually effected, by partial payments at least, made before 1875, but the purchasers who had no patents claimed that the exemption ap- plied generally so that they were not in default and THE UNIVERSITY OF TEXAS. 181 "were entitled to the iion patented lands which the State sold to them at the state's then minimum price, $1.50 per acre, though they were worth much more when sold, and so much more now, most of them from $5 to ^20 per acre. Land Commissioner Hall furnishes the writer the fol- lowing statement as to these lands : "The lands secured to the State for the University, by the recent compro- mise, in McLennan County had been sold under the provisions of an act of 1874, with the exception of a few small tracts which are comparatively worthless. The relief act of March 6, 1875 extending time for pay- ments for the lands in litigation on account of the Moreno grant virtually suspended payments of interest •on these lands, but since the recent compromise with Mexia, payments have been made of interest and princi- pal in full and patents have been issued in many in- stances. From this source the available fund of the University has been largely increased during the present year, in many cases the accumulation of ten years in- terest having been paid at one time. Some purchasers wanted the interest abated, but the landoffice ruled against them, and construed the law to require pay- ment of interest from the date of the contract of sale. Upon that ruling they paid up the interest from the •date of contract in accordance with the terms of pur- chase, and in some instances the interest amounted to m.uch more than the principal. Some of them proposed to pay the principal without the interest, and refer the question of paying the interest to the action of the legislature, but State Treasurer Lubbock held that he would receive no payments of the principal till the in- terest was paid." The University lands are sold by the State Land "Ci-zmmissioner and the proceeds are invested by the State Board of Education in bonds or other securities for account of the permanent fund of the University, and the interest is reserved for available fund. THE UNIVERvSITY AND THE FREE SCHOOLS. The Constitution of 1845 (Art. 10, Sec. ],) made it the duty of the legislature to make suitable provision 182 THE UNIVERSITY OF TEXAS. for the maintenance and support of public free school.^ and the same provision is contained in the constitu- tions of J 861, 1866 and 187(>. The University for which the congress of the Republic had so early provided in 1839 was not mentioned in the first State constitution of 1845, perhaps on account of its being then merely in embryo and its establishment not pressing upon the pub- lic mind; or possibly, and if so, properly enough, because it was considered part and parcel, as a great free tuition school, of the general free school system of the k^>tate. not requiring special designation to bring it within the scope and benefits of the general provisions for free school instruction. As an evidence that it was re- garded in this light, it is declared in the preamble to the act of Feb. 11, 1858, establishing the University that ''from the earliest times it had been the cherished design of the people of the Republic and of the State of Texas that there shall be established within her limits an institution of learning for the instruction of the youths of the land in the higher branches of learning, and in the liberal arts and sciences, and to be so en- dowed, supported and maintained as to place within the reach of our people, whether rich or poor, the op- portunity of conferring upon the sons of the State a thorough education." Thus it is made the duty of the University as a factor in the State's own provision for free education to complete the work begun in the pub- lic schools so as to afford the advantages of higher edu- cation to the poor as well as the rich. As further evidence of such regard of the University the law requires the regents to submit their reports to the State Board of Education. (Sec. 21, University act oflb81. The following references, gathered from debates published in the Austin State Gazette serve to show the division of public sentiment as to University and free schools: In the Sixth legislature in December, 1855, a bill to provide for the erection and support of a State Univer- sity being under consideration in the senate, Mr. Palmer argued in favor of a single University of which the State and the entire South might be proud. Mr. Lott favored THE UNIVERSITY OF TEXAS. 183 two universities and moved to strike out of the caption "a University" and insert ''two Universities." Mr. Bryan opposed the amendment and moved to lay it on the table, but the motion failed. Mr. Grimes argued that the appropriation proposed, $300,000, was not sufficient, and as they seemed deter- mined to have two universities he moved to amend by making the amount $500,000. Adopted. Mr. Millican moved to make the appropriation $1,000,000. Lost. Mr. Palmer offered. as a substitute "A bill to establish a btate University," and spoke at length in support of the bill. Mr. Kussell distrusted the propriety of the movement at that time, when there were no lacilities of transportation. We should first establish some system of internal improvements, but, he argued, we have ample means, and if the work must be commenced, he was in favor of two institutions. Mr. Flanagan preferred two universities, arguing that the time had come when the State could well afford to support two splendid universities, such as the honor of this great State demanded. The State's vast territory justified this, and they would be rival institutions in- citing each other to improvement and development. He argued that Texas had greater resources for educa- tional endowments than any State in the Union, and could well maintain two universities. Mr. Bryan alluded to the economics of the measure. A single university of the highest character, he argued, would unite the people in its support, and prevent sending our children to institutions abroad, carrying away with them each three, four or five hundred dollars every year to be distributed beyond our borders, and much of it among those who are enemies to our insti- tutions and will spare no pains to instill into the minds of our children doctrines and prejudices antagonistic to the opinions of the South. Mr. Taylor of Cass favored two universities rather than one, but thought it was not the proper time for them. Mr. White favored a single university and made a strong speech in its favor. Mr. Maverick protested against the whole thing as 184 THE UNIVERSITY OF TEXAS. wrong; the countiy did not v/ant either one or two universities. If we had a university there is fur more likelihood that it would have to be abated as a nuisance than that we should desire another. The schools, he argued, must first be established for the general wants •of the people before we advance to academies and uni- versities. If put on toot before the people call for it, a university, not being wanted by the people or properly constituted, will be sure to set itself up as a secret, malignant enemy of the people. It is curious, too, he added, that we must begin with a university — so nice, so fine and so religious! I trust there is a mistake in this calculation. And look out to see if some wise heads are not hit and badly bumped against these high and mighty walls of humbuggery. Such and so rank are the offenses at West Point and other high schools and universities that ere long the public mnst either transform or suppress them.'-' Mr. Armstrong opposed establishing colleges or uni- versities till the State had established a system of com- mon schools for the masses. "Colleges," he said, "are generally the hotbeds of immorality, profligacy and licentiousness. We see the characters of more youths corrupted and depraved in colleges, more persons who come from colleges who end their lives by committing suicide than we do of those who come from the common schools of our country. They also have a tendency to create an aristocracy, and raise a distinction between different classes of our citizens. Let us provide a prac- tical and efficient system of common schools, in which the exercises shall alternate between labor and study so that the body of the student may be developed in proportion to the advancement of the mind." *Mr. Maverick, who had himself been favored with the finest educa- tionnl advantafje.-, was a eeutleman of sterUng charact* r, and quite Avealthy, being one of the largest land and cattle owuers in the Strite. He raist-d his children to exercise peculiar habits of indnstr" and economy, and was peculiar in other respects. It is related of him, for msia-nce, that he would generally take the middle of Congress Avenue to avoid being jostled by the crowds which often thronged tiie side- walks during sessioni of the Legist iture. It is a'so stated that to have the benefit of any doubt a^ to the ownership of any unbranded year- ling cnlves found and raised on his ranche.s, he had them marked with hi> own branil, as would st^em proper, and that from his adherence to this rule the term "mavericks" came to be applied generally to all such cattle in Texas. THE UNIVERSITY OF TEXAS. 185 Mr. Uuinn endorsed the dual plan, and thought it was the proper time to decide the matter. Mr. Scott agreed with Mr. Maverick that there was no necessity for such institutions, but if an appropriation must be made he would favor two universities. He offered as a substitute a bill appropriating !|1, 000,000 of the live per cent United States bonds as an additional fund for common schools. Mr. Palmer said: "I sincerely hope that the senate will not destroy all the benefits which are commonly •derived from institutions of this character by fritering away the means we propose to donate by starting two universities, neither of which can be such an institution as what we now have in contemplation." Mr. Bryan, seeing that the prevalent idea in the leg- islature favored two Universities rather than one, or else to test the matter, finally offered a substitute to es- tablish two of them, one in the Eastern and the other in the Western part of the State. The senate refus^ed to table the substitute and the whole matter was referred to the committee on educa- tion. As to Mr. Armstrong's argument based on suicides, it will be noticed that he makes no allowance for the great disparity between the number of persons who at- tend the schools and those sent to colleges and univer- sities. As to the probable resources of the State about this period, they may be inferred from the following state- ment, taken from an official source, and referring to the U. S. bonds alluded to in Mr. Scott's amendment: "From 1852 to IftSS no tax was collected for the support of the State government. One-tenth of the taxes assessed w^as paid into the State treasury for school purposes, and nine-tenths was remitted to the several counties. The expenses of the government for these years were paid from taxes accrued prior to 1852 and from the proceeds of the sale of a portion of the terri- tory'' of the State (Santa Fe's portion) to the United States government. Of the proceeds of this sale, $5,000,000 in United States bonds was paid into the State treasury in February, 1852, and up to January, 186 THE UNIVERSITY OF TEXAS. 18G1, the State received interest on the same, amount- ing to ^1,625,441.17, making total principal and inter- est $6,625,441.17." [Internal Commerce of the United States I8b9.] In the Seventh legislature in November, 1887, Mr. Kittrell, chairman of the house committee on educa- tion to whom was refered a resolution instructing them to enquire into the expediency of establishing one or more State Universities, reported recommending "the establishment of a State University as soon as practi- cable." Mr Kittrell spoke at length in favor of the report and stated that he had just learned that the senate committee hi^d decided to recommend a liberal appropriation in land and money for this object. He stated there was still in the State treasury $500,000 unexpended balance of the United States bonds not needed for any other purpose. Mr. Jennings favored the report and took occasion to argue that the medical department should be located at Galveston or Houston, and that the literary depart- ment should not be at Austin. ''I have three sons" he said, "and I say it in the presence of God and my country that I would let them be uneducated stock raisers or mule drivers, before, in the effort to become well educated, they should learn the accomplishments of Congress avenue." He wanted the literary depart- ment fixed on some "virgin league of land." Mr. Chilton preferred two universities, but would go with the majority if they voted that proposition down and would vote for a single university, and advocate its location at Austin. Mr. Murrah (subsequently Governor Murrah) wanted a single university, provided it should be favorably located in the eastern portion of the State, where the country was more healthy than in the prairie portions. Mr. Everett said: "It seems there are gentlemen here who are disposed to go beyond the example of every other State in the Union, and force upon the people of the State of Texas the establishment of two universities. We are able to build but one uni- versit3\ Let us have that and its great benefits." Mr, Norton protested against taking the land and monev of the people |400,000 and 442,800 acres of land, as THE UNIVERSITY OF TEXAS. 187 propovsed, to establish one mammoth university for the benefit of a privileged class, that the children of the rich may be educated and those of the poor neglected. He would favor appropriating the entire fund contem- plated for the university to the common schools of the 8tate. Messrs. Ay cock and Buckley spoke in favor of a single University. Mr. Locke, speaker of the House, did not believe the people were ready for a University and opposed its establishment. Mr. Price and others favored having but one and deprecated the proposition of two Univer- sities, as rival institutions that would foster sectional feeling and discord among the people. Mr. Brown favored the proposition for but one University, but not so large an appropriation for it as was proposed. Mr. Dennis advocated the establishment of but one University, arguing that "with apopulationof over 600,- 000 people and .$700,000 in the treasury and a revenue of $1^55,000 and the State tree from debt we may safely appropriate from $200,000 to $400,000 for the purpose of erecting the necessary buildings that will stand as just monuments of State pride and be of incalculable benefit to thousands." Mr, Whaley argued that the institution was anti- democratic, not for the greatest good to the greatest number; that it would be "a magnificent failure," an "intolerable burden upon the people," and that its es- tablishment would be legislating for a special class, and that class the favorites of fortune, who were the only ones that could and would take advantage of such an institution, and who were able to take care of them- selves. Mr. Ward, for political reasons, in case there should ever be a division of the State, advocated tw^o Univer- sities. Would it be right, then, he argued, that one* section alone should possess this mammoth enterprise, reared up and maintained by the common blood and treasury of the whole State? Mr. Burnet said that he would vote against the bill, as we were acting too hastily. "The question," he argued "should be thoroughly canvassed before the 188 THE UNIVERSITY OF TEXAS. people and their voices should be heard, as the}^ are the ones to furnish the money to build this University." He wanted the common school system placed upon a firm basis before ' vesting the people's money and do- main in any enterprise of doubtful expediency.' Mr. Hicks discussed the sectional question as likely to be afiected by having two Universities. February 8, 1858, the bill relating to a State Univer- sity came up in the House, the pending question being its final passage; and the ayes and noes being demand- ed, several members asked to be excused from voting. The House refusing to excuse them, some of them de- clined to vote. A discussion ensued as to points of order and modes of enforcing the rules, in which Mr. Speaker Locke, Messrs. Bee, Kittrill, Walling, Keeves Evans, Lee, Latham and others participated. The clerk finally proceeding with the call, Mr. Poag, when his name was called, after giving his views in regard to the history of the previous action of the House on the sub- ject, and the present position of the question, concluded as follows : "Now there is in our constitution a regulation which declares, that when any proposition has been once dis- tinctively put to a legislature and rejected, that legisla- ture is forbidden to act upon that particular proposition again. And it makes no difference to me how it may be changed, if it embraces the substance of the proposi- tion which has been rejected. I feel itto be my bounden duty to obey this provision of the constitution. I have no conscientious scruples to prevent me from voting upon this question. I feel as much bound to vote against the passage of a law which I regard as un- constitutional, in consequence of previous action of the legislature, as \1 would feel myself bound to vote for a law which I regard as constitutional, and for the bene- fit of my constituents and the State at large. For these reasons I vote against the whole matter." Mr. Rainey said: "On account of the constitutional objections urged by the gentleman from Panola (Mr. Poag) — because a resolution upon the same subject, and -embracing the same substance, has been rejected here- tofore by this body, and the constitution prohibiting THE UNIVERSITY OF TEXAS. 189 the passage of a law, bill, or resolution that has been once rejected, by either branch of the legislature — I do not believe we now have a right to act upon it; and be- cause, although I have been very anxious to vote for a bill of this character in some sbape, the bill now before the House does not meet my approbation, with- out any further excuse or attempt at paliation or miti- gation, or anything else, I vote No." Mr. Reeves: ''i ask to be excused from voting, not upon the grounds which have been stated b^^any other gentleman, but under the 60th rule, which sa3^s that no member shall vote upon an}-- question, in the event of which he is immediately, or particularly interested. I fell that I am particularly interested in this matter and I wish to be excused under the rule." The House refusing to excuse him, he proceeded: "I always sub- mit cheerfully to whatever the House says. But I do say that 1 believe this body has once acted upon the same question, and that if we were to pass it now, under the constitution it could not become a law, 1 therefore vote no." Mr. Waterhouse made some remarks inaudible to the reporter. He said he believed this bill would have been as unconstitutional, if presented for the first time, as it is under present circumstances. He would there- fore vote no. After the roll call had been called through, Mr. Speaker Locke said; "The chair is informed that we lack one of a quorum. 1 do hope that gentlemen will not assume the responsibility of defeating this measure by refusing to vote, It is a fearful responsibility to take." Mr. Latham : •■ I call for the announcement of those- who have refused to vote." Mr. Chilton : "I am about to do a thing which I am not satisfied that I am right in doing. But I believe we were sent here to live for each other; and my friends are directly interested in the passage of the bill at this time. I have fought it as long as I could in accordance with my convictions of duty. But as it is evident there is a large and respectable majority of this House in favor of this legislation, and by recording my 190 THE UNIVERSITY OF TEXAS. vote No, I put myself right upon the record, I will do so. I vote iN'o." The bill parsed by a vote of 48 yeas to 13 nays. Mr. Chilton at once introduced a bill entitled "An act setting apart fifty leagues of land for the establish- ment of a Literary College in Eastern Texas." The bill was read, but tlie House refused to suspend the rules for its consideration. The proceedings are interesting to show the senti- ment in the minds of the representatives of the people at that period in the history of Texas. UNIVERSITY ACT OF 1858. Following is the full text of the act of 1858 : "An act to establish the University of Texas." Whereas, From the earliest times it has been the cherished de- sign of the people of the Republic, and of the State of Texas that there shall be established within her limits an institution of learning for the instruction of the youths in the land in the highest branches of learning, and in the liberal arts and sciences, and to be so en- dowed, supported and maintained as to place within the reach of our people, whether rich or poor, the op- portunit}^ of conferring upon the sons of the State a thorough education, and as a means whereby the at- tachment of the 3'oung men of the State to the interest, the institution, the rights of the State and the liber- ties of the people, might be encouraged and increased, and to this end hitherto liberal appropriations of the public domain have been made; and, whereas, the in- creasing population and wealth of the State and the tendency of events indicate the fitness of now putting that cherished design into effect; therefore. Section 1. Be it enacted by the legislature of the State of Texas, That there is hereby established within the state an institution of learning to be styled "The University of Texas," to be located at such place and in such manner as may be determined by law. Sec. 2. The sum of one hundred thousand dollars of the United States bonds in the treasury not other- wise appropriated is hereby set apart and appropriated to the establishment and maintenance of the same. THE UNIVERSITY OF TEXAS. 191 The fifty leagues of land which b}^ the act of January 26, 1839, entitled "An act appropriating certain lands for the establishment of a general system of education," were set apart and appropriated for the establishment and endowment of two colleges or universities, are hereby set apart and appropriated to the establishment and maintenance of the University of Texas. There is hereby set apart and appropriated to the same purpose one section of land out of every ten sections of land w^hich have heretofore been or may be hereafter sur- veyed and reserved for the use of the State, under the provisions of the act of January 30, 1854, entitled "An act to encourage the construction of railroads in Texas by donations of land," and under the provisions of any general or special law heretofore passed, granting lands to railroad companies, and under the provisions of the act of February 11, 1854, granting lands to the Galves- ton and Brazos Navigation Company. The Governor of the State shall select the sections hereby appropri- ated, so that no sections shall adjoin, out of the lands now surveyed, as soon as practicable, and out of the lands hereafter to be surveyed, as soon thereafter as practicable, and shall cause a record to be made, in the land office of the State, of the sections so selected; and, thereupon it shall be the duty of the Commissioner of the General Land Office to designate, upon hi? maps, the sections so selected as University lands. The sale of these sections shall hereafter be regulated by a special law. Sec. 3. The control, management and supervision of the University, and the care and preservation of its property, subject alwa3^s to the control of the Legisla- ture is committed to a board of ten persons to be styled "The Administrators of the University of Texas" which shall be composed of the Governor of the State of Texas, the Chief Justice of the Supreme Court of Texas and eight others, who shall be appointed by the Governor, by and with the consent of the Senate, to hold office for four years, and until their successors are qualified. The Administrators shall receive no com- pensation for their services. Sec. 4. The following branches of learning shall be 192 THE UNIVERSITY OF TEXAS. taught at the University, viz: Ancient and Modern Languages, the different branches of Mathematics, pure and physical, Natural Philosophy, Chemistry, Mineral- ogy including Geology, the principles of Agriculture, Botany, Anatomy, JSurgery and Medicine, Zoology, History, Ethics, Rhetoric and Belles Letters, Civil Gov- ernment, Political Economy, the Law of Nature, of Nations, and Municipal Law. !Sec. 5. The religious tenet of any j^erson shall not be made a condition of admission to any privilege or office in the University; nor shall any course of reli- gious instruction be taught or allowed, of a sectarian character and tendency. Sec. 6. The administrators shall have the power to appoint the president, faculty, instructors and officers of the university, and prescribe the course of instruc- tion and discipline to be observed in the university. They shall fix the salaries of the president, faculty, instructors and officers of the university. Five of the administrators, with the Governor or the Chief Justice, lawfully convened, shall be a quorum for the transac- tion of business. They shall meet at least once in every year for the transaction of business, and shall keep a record of their proceedings. They shall have a secretary, to be elected by them. They shall have power to make all regulations, which, to them, shall seem expedient for carrying into effect the design con- templated by the establishment of, this university, not inconsistent with the laws of the State. Sec. 7. The administrators shall have the right of conferring on any person whom the}^ may think worthy thereof, all literary honors and degrees known and usually granted by any university or college in the United States, or elsewhere. Sec. 8. The administrators shall report to the Leg- islature, at each session, the sitution of the affairs of the university. Sec. 9. Listruction at the university shall be free, and the administrators shall prescribe what degree of proficiencies shall entitle students to admission. Sec. 10. A committee, to be appointed by the Leg- islature at each session, shall attend the annual exami- THE UNIVERSITY OP TEXAS. 193 nations of the students of the university, and report to the Legislature thereon. 8ec. 11. The reasonable expenses incurred by the administrators and visiting committee in the discharge of then- duties shall be paid out of the funds of the university. Sec. 12. The Treasurer of the State shall be treas- urer of the university funds. Sec. 13. t^o soon as the location of the university is determiued upon, it shall be the duty of the admin- istrators to proceed to the construction of the necessary buildings, and for that purpose, they shall procure the services of a com[)etent architect, who shall superin- tend the work. iSuch plan and design for the build- ings shall be adopted, as shall be consistent with the addition of wings, or other structures hereafter, with- out marring the architectural beauty and fitness of the whole. There shall be constructed suitable build- ings for the accommodation of the professors and their families. The contracts for the buildings shall re- quire the performance of the work under ample se- curity for its fitness, and faithfulness. Section 14. The expenditures of the university for the construction of buildings, or otherwise, shall be made under the order of the administrators; and when money is required for the payment of the same it shall be drawn upon the warrant of the governor, countersigned by the secretary upon the treasurer, who shall pay the same out of the university funds. And this act shall take effect and be in force from and after its passage. Approved Feb. 11, 1858. As to Reservation in act of 1854, see Oldham & White's digest 371, article 1676, section 11. EFFORTS FOR TWO UNIVERSITIES. Attempts were made in the Eleventh Legislature to establish two universities, as indicated by the fol- lowing action: Act of November 12, 1^66, amendatory of an act to establish the University of Texas, approved Feb- ruary 11, 1858. 13— L 194 THE UNIVERSITY OF TEXAS. Section 1. Amend to read, "That there is hereby established within this State an institution of learning to be styled 'The University of Texas,' to be located at such place as the administrators shall select, and in such manner as may hereinafter be determined. Sec. 2. That section 'A is hereby amended as fol- lows: The sum of |1 09,472.26, which was transferred from the university account to the State revenue ac- count, under the provisions of an act passed Jan. 3, 1860, be and the same is hereby required to be again placed to the credit of the university fund, in con- formity with section one of an ordinance of the late convention, securing the common school and university fund and for other purposes; and it is hereby made the duty of the comptroller to execute a State bond for. that sum, bearing interest at the rate of five per cent per annum, and when executed the same is hereby set apart and appropriated to the establishment and m.aintenance of the same. One-half of the proceeds of the fifty leagues of land which, by the act of Jan. 26, 1839, entitled "An act appropriating certain lands for the establishment of a general system of education," were set apart and appropriated for the establishment and endowment of two colleges or universities are hereby set apart and appropriated for the establishment and maintenance of the University of Texas, the remainder to be reserved for the benefit of a similar university, which at some future time may be necessary to be established in a different portion of the State. Sec. 3. Provides what branches of learning shall be taught, and that there shall be added a system of normal schools; and "there shall also be a course of instruction delivered on the science and art* of war in order to qualify the students to perform efficiently their duty in the militia, to enable them to read un- derstandingly the great battles of she world which have decided the fate of empires and influenced the pro- gress of civilization of nations." Section 4 empowers the administrators to appoint and fix salaries of the chancellor, professors, etc., pre- THE UNIVERSITY OF TEXAS. 195 scribes course of instruction and discipline, and defines their other duties. They are to have a secretary. Section 5 provides for free tuition and prescribes rules for admission of students. iSection 6 provides for a committee of both houses of the legislature to attend the annual examinations of the students and report to the legislature. Section 7 provides for erection of buildings as soon as the location is determined, the construction to be under the supervision of a competent architect. The buildings are to be constructed with reference to the addition of wings. The funds are not to be used to build houses for the officers or dormitories for students. Approved November 12, 1866. Joint Resolution of November 13, 1866: Whereas, by a recent act of the Eleventh Legislature, twenty-five leagues of land were reserved for the establishment and endowment ot another University, contradistinguished from the 'University of the State of Texas;" And whereas, the increasing population of the State, its vast extent and the absence of the necessary facilities of travel render it important that this University be located; Therefore be it resolved: That A. M. Perkins of Jasper county, J. H. Starr of Nacogdoches county, James Graham of Lamar county, Mont Hall of Harri- son county, I. L Camp of Upshur county; D. W. Jones of Titus county, W. B. Dashiell of Kaufmann county, W. K. Marshall of Rusk county, J. K. Bumpus of Col- lin county, Dr. Cooper of Panola county, Wm. Moore of Bowie county, M. H. Bonner of Cherokee county, J. M. Perry of Anderson county and J. C. Hardin of Smith county be and the same are hereby created a Board of Administrators of said University, to hold office four years, and soon as practicable select a suit- able location for the Univerit}'' in a different section of the State from that of the "University of Texas," to be known as the "East Texas University." The sum of $2,500 is appropriated for the board's expenses to make the location. Approved November 13, 1866. RECOMMENDATIONS OF THE TEACHERs' ASSOCIATION. At the State Teachers' Association of Texas, held in June, 1880, at Mexia, Governor Roberts attended and 196 THE UNIVERSITY OF TEXAS. expressed his views upon the propriety of inaugurating a movement for the establishmeiat of the State Univer- sity and asked the countenance and assistance of that body in the efiort — not that the State was how able to establish it on a large scale, but that it could be started, and, until it was started, it would never be known and appreciated what such an institution required for its successful operation. The subject was discussed by the association and a committee was raised to memorialize the legislature, through the governor, in favor of it. The committee was composed of Oscar H. Cooper, chairman, and W. C. Crane, S. [G. Sneed, R. W. Pit- man, Smith Ragsdale, Jno. G. James and 0. N. Hol- lingsworth. The memorial having been drawn up, was signed by the committee and attested by A. J. Roberts, vice president of the association. It contained the recommendation of the main features of the bill that afterwards became a law for the establishment and organization of the University. Having been handed to the governor by the chairman, it was presented with his message to the legislature January 28, 1881. The governor had already, January 26, urged the propriety of at once establishing the University at the State capital for numerous reasons, and that it should be open for females as well as males qualified to enter. His official suggestions doubtless had great weight in influencing the vote of the people to locate the institu- tion at the capital of the State where, as a rule, all State institutions should be established. The bill was drawn up by Professor Cooper, assisted by one of the committee, O. N. Hollingsworth, and after being sub- mitted to the governor was handed to Senator John Buchanan of Wood county, through whom, as chairman of the Committee on Education, it was laid before the Senate. The journals of the legislature show that Sen- ators Buchanan, A. W. Terrell of Travis, Wynne of Rusk, Gooch of Anderson and Stubbs of Galveston were active in carrying it through in the shape it passed by a unanimous vote of the Senate, and that it passed in the House of Representatives without any serious difficulty. (See sketch of Governor Roberts in Daniel's "Types of Successful Men of Texas.") THE UNIVERSITY OP TEXAS. 197 ACTION OF THE .SEVENTEENTH LEGISLATUEE. • Governor Roberts but briefly alluded to the Univer- sity in his message of January 26, 1881, to the Seven- teenth legislature convened in regular session. Its affairs, however, received further consideration in the course of the session. The members of the Senate of that session, named in the order of their respective districts, were: S. B. Cooper, W. W. Withered, R. M. Wynne, W. H. Tilson. R. L. Hightower, W. J. Swain, John M. Duncan, John Y. Gooch, H. W. Lightfoot, John C. Buchanan of Wood, J. M. Martin of Cooke, W. D. Lair, x\nson Rainey, F. M. Martin of Navarro, J. N. Henderson, J. T. Buchanan of Grimes, W. M Burton, Chas. Stewart, J. B. Stubbs. W. K. Homan, A. J. Harris, L. S. Ross, W. R. Shannon, J. H. Davenport, A. W. Terrell, A. W. Moore, S. C. Patton, E. R. Lane, S. Powers, A. W. Houston and W. H. Purges. Lieutenant Governor L. J. Story, in his address as President of the Senate, thus alluded to the University : "What Texan's heart does not throb with delight as he contemplates the prosperity before us, and, as 1 believe, in the near future, for the erection of a first-class State University? Already the princely fund provided by our patriot fathers lor this purpose is believed to have reached the value of $2,500,000, and the demand is coming up from every quarter that the legislature shall declare that it is now ' practicable, ' and that it shall proceed to ^establish, organize and provide for the maintenance, support and direction of a university of the first class, to be styled the University of Texas. ' Let the good work begin at once and be pressed to an early completion, and, as soon as possible, save to Texas the quarter of a million dollars annually contributed by her people to build up and support institutions of learning in other States where they send their children to be educated. And, better still, let the heroic deeds of our patriot fathers be studied by the youths of Texas in our own institutions, and from the proud dome of our University, as it towers above the hilltops of the Capital City, let them map out for themselves the path- way to fame and to fortune. 198 THE UNIVERSITY OF TEXAS. January 19 Senator Lane introduced a bill entitled "An act to adjust the State's indebtedness to the Uni- versity fund and to make an appropriation therefor. " Referred to Committee on Finance. February 3 the bill was taken up and unanimously passed by the Senate, and on April 1 a message an- nounced that the bill had been defeated in the House. January 29 the message of Governor Roberts was received, transmitting a memorial of the State Teach- ers' Association, previously referred to, urging the im- mediate organization of a State University and express- ing the views of the Association as to a plan of organization. Referred to Committee on Education. Among the features suggested in the memorial were these : Organization of but one University. Regents to consist of one member from each congres- sional district, appointed by the Governor. The regents to be empowered and required to elect a President of the University and members of the fac- ulty and other officers of the University and fix their salaries. No religious qualifications to be prescribed or reli- gious instruction 'of a sectarian character to be taught in the University. The State Treasurer to be Treasurer of the Univer- sity. No University funds to be used for erecting dormito- ries, professors' houses or mess halls. Election to locate the University to be ordered at the earliest date possible. January 31 Senator Wynne offered a resolution which was adopted, "That the Committee on Educa- tional Affairs be requested to consider the propriety of establishing a State University, and report their action by bill or otherwise. " February 1 Senator Buchanan of Wood introduced a bill, Senate bill 98, entitled "An act to establish the State University. " Referred to Committee on Educa- tion. February 11 Senate bill 98 was considered. Amendment by Senator Gooch was adopted, that the THE UNIVERSITY OP TEXAS. 199 University shall be open to male and female students on equal terms, xlmendment by Senator Stubbs, pro- viding that the medical department may be located by vote of the people at a different point and as a branch of the main University, was lost and the bill was or- dered engrossed. Senator iStubbs' amendment was subsequently adopt- ed — yeas 17, nays 6, the latter being Buchanan of Wood, Cooper, Gooch, Ross, Terrell and Wynne, and the bill passed. Senators Wynne and Cooper present- ed written reasons for opposing the Stubbs amendment. March 28 a message from the House announced the passage of the bill with House amendments. The Sen- ate concurred in the amendments. A message from the House announced the passage of Senate bill 290, "An act to provide for the protection of the title of the State to the University lands in Hill and McLennan counties." The bill was signed by the President of the Senate. March 29 Senator Buchanan introduced a bill to amend Section 5 (relative to appointment of regents) of an act entitled "An act to establish the University of Texas. " The bill was referred and reported from the Committee on Education, and was unanimously passed and signed by the President of the Senate. The President signed Senate bill lo4, "An act to provide for the issuance of manuscript bonds of the State for the investment of the funds derived from tlie sale of the lands belonging to the State University, the public schools of the State, etc. " April 1. A message from Governor Roberts an- nounced the following appointments of University Re- gents: Hon. T. J. Devine, of Bexar county; Dr. Ash- bel Smith, of Harris county; Gov. J. T. Throckmorton, of Collin county; Gov. R. H. Hubbard, of Smith county; Gov. E. M. Pease, of Travis county; Dr. James H. Starr, of Harrison county; Mr. A. N. Edwards, of Hopkins county; Prof. Smith Ragsdale, of Parker county. Another message was received from the governor as follows: "Learning there is some objection to the ap- pointment of Governor Pease, and not having consulted 200 THE UNIVERSITY OF TEXAS. him on the subject of sending in his name to the senate as one of the regents of the university of Texas, 1 beg leave to substitute the name of Hon. James H. Bell, ot Travis county." The appointments were confirmed. After some minor business the Senate adjourned sine die. The objections to Governor Pease are understood to have been on account of his political views as to the management of the University. There being no Journal of the House proceedings for this session preserved in the State department, the fol- loAving references are from the columns of the states- man: January 2t5, 18(S1, the memorial of the State Teachers' association urging the establishment of the University as already noticed in the Senate proceedings was read and refe-rred to the Committee on Education. February 4. Senate bill 50, ''An act to adjust the State's indebtedness to the University fund and make an appropriation therefor," was referred to the Finance Committee. February 7. In compliance with a resolution of the House that Committee on Education report as to the propriety of establishing a State University, Mr. Hutcheson, for the committee, reported a bill entitled "An act to establish the University of Texas." The bill was ordered printed. February 14. Mr. Todd introduced amemorial from citizens of Jefferson, Texas, favoring the location of the medical department at the University of lexas at Gal- veston. Referred. [In an editorial Februar}^ 16, 18>!)1, by Col. Cardwell, the Statesman opposed locating the medical branch at Galveston or anywhere away from the main university at Austin.] March 19. The general appropriation bill was under consideration in the House. The Senate bill proposed that the appropriation of $14,000 for the Sam Houston normal school be given out of the available school fund. The House commit- tee changed it to come out of the University fund. Mr. Todd moved to strike out both and pay the ap- THE UNIVERSITY OF TEXAS. 201 propriation out of the general revenue. He contended that it was not right or lawful to pay this item out of the fund which legally belongs to the school children. Mr. McComb controverted the argument of Mr. Todd and held that under the constitution it was perfectly competent to make the appropriation as proposed. He made the point that the normal schools are in effect an integral part of the public free schools. Mr. Mack held, like Mr. Todd, that the constitution prohibited the appropriation out of this particular fund. Mr. Matlock contended that the legislature had ifo right to invade this fund for the purpose proposed by the com- mittee. Mr. Fly and Mr. Faulk took nearly the same ground occupied b}^ Mr. Matlock. Mr. Todd's amendment was lost. Mr. Hutcheson held that it was illegal to divert the school fund to this purpose, and favored sustaining the normal schools out of the general revenue. Mr. Par- ker, in a short argument, took the same position as- sumed by Mr. Hutcheson. Mr. Peacock held that the normal school, not being a part of the University, the fund of the latter could not be given for the benefit of the normal. The amendment of the House committee to substi- tute "university" for "available school fund" was adopted. March 22. Nearly the entire forenoon in the House was consumed in discussing the constitutionality of the question of whether or not the money appropriated for normal schools should come out of the available school fund, the university fund or the general revenue. Mr. Peacock moved to strike out all appropriations for normal schools, which motion, after a long discussion, was lost. During the afternoon the Committees on Education of both houses were addressed on the subject of the university bill by Dr. Webb, of Galveston, and Col. Ashbel Smith, of Harris county. They favored the lo- cation of the medical department at some other point than the seat of government, or the University proper. The claims of the Island City were presented as the largest city in the State, affording the most extensive 202 THE UNIVERSITY OP TEXAS. hospital practice, and the greatest variety of opportun- ities for experimental teaching. They did not desire the legislature to name any particular place, but simply amend so that this department may be located separ- ately and at the best point. They received a very attentive hearing by the committee. March 25. The bill reorganizing the directory of the A. & M. College was taken up in the House. This is a senate bill and provides for four directors to be appointed by the governor and confirmed by the Sen- ate, and tffe governor to be chairman of the board. It also provides for three State students from each sena- torial district, to be educated at the expense of the State. A motion was made to indefinitely postpone the bill and a long discussion ensued in which the merits and demerits of the .college were thoroughly canvassed, and in which were made prominent the objections of members to the political influence wielded by the insti- tution. Mr. Hutcheson offered an amendment provid- ing that the governor shall not be a member of the board. He said that under the bill, the governor could appoint a board he could control and then as chairman could be the absolute spirit of the concern. The amendment of Mr. Hutcheson providing for five directors was adopted. Mr. Faulk offered an amendment providing for the election of the directors by joint session of the legisla- ture, and supported his amendment in a few remarks in which he advanced some cogent reasons why the legislature should elect these directors instead of "'leav- ing their appointment to the governor. Mr. Fly op- posed the election by the legislature and thought the best way to dissever the institution from politics is to take it out of the legislative halls. He offered a substi- tute to allow the governor to appoint. Mr. Douglass was in favor of the legislature electing the directors. The substitute of Mr. Fly was adopted by a vote of 53 yeas to 30 nays, which leaves the appointment of the directors in the hands of the governor, but the lat- ter will not be a member of the board. The previous THE UNIVERSITY OF TEXAS. 203 question was ordered and the bill passed to its third reading. Mr. tScott called up the bill to e.stablish the State University, and it was postponed till tomorrow. The speaker appointed a committee of free conference on the part of the House on the general appropriation bill. Mr. Carleton, the member from Austin, made an earnest appeal last night in behalf of the State Univer- sity. The bill comes up today but what wijl be done with it is extremely problematical. March 26. The bill to establish the Texas Univer- sity was taken up. The committee of the House reported adversely upon the feature of this bill, which provides that the medical department may be located at a point different from that at which the college proper is situated. This report elicited considerable discus- sion. Messrs. Barry, Finlay and Woods opposed and Messrs. Mack and Todd favored the report. The yeas and nays were ordered on the rejection of the commit- tee report and resulted: yeas 4 '.i, nays 30, and the report of the committee was rejected. After several amendments the bill was passed. Under the new bill the directors of the A. & M. college will hold their office for six years. The bill to set apart alternate sections of land sur- veyed in the State by and for railroads and other works of intehial improvements, tor the benefit of the State University and other school purposes, was taken up and read. The Senate passed a substitute for the House bill. Mr. Hutcheson moved to postpone the matter and have the substitute printed. Lost. Mr. Chenoweth filed his reasons for voting against the amendment to the A. & M. College bill, providing that the governor appoint the directors, and putting himself on record as being opposed to placing more patronage in the hands of the Fxeeutive. Some people can be found who will say Mr. Cheno- weth has struck the key note to the situation. April 1. The bill to adjust the State debt to the University fund was taken up and the House refused 204 THE UNIVERSITY OF TEXAS. to suspend the rules to pass it. After some minor business the House adjourned sine die. University A<;t of 1881. Section ]. Be it enacted by the legislature of the State of lexas : That there be established in this State, at such locality as may be determined by a vote of the people, an institution of learning, which shall be called and known as the University of Texas. The medical department^of the University shall be located, if so de- termined by a vote of the people, at a different point from the University proper, and as a branch thereof, and the question of the location of said department shall be submitted to the people and voted on sepa- rately from the propositions for the location of the main University. The nominations and elections for the location of the medical department shall be subject to the other provisions of this act, with respect to the time and manner of determining the location of the University. Sec. 2. Aa election shall be held on the first Tues- day of September, 1881, for the purpose of locating the University of Texas, and the Governor is hereby au- thorized and instructed to issue his proclamation order- ing an election on said day for said purpose, and returns of said election shall be made in the manner pre- scribed in the general election law. Sec. 3. All localities put in nomination for the lo- cation of the University shall be forwarded to the Gov- ernor at least forty days anterior to the holding of said election, and the Governor shall embrace in his proc- lamation ordering said election, the names of said lo- calities; provided, that any citizen may vote for any lo- cality not named in said proclamation. Sec. 4. The locality receiving the largest number of votes shall be declared elected, and the University shall be established at such locality ; provided, that the vote cast for said locality shall amount to one-third of the votes cast; but if no place shall receive one-third of the entire vote cast, another election shall be ordered with- in ninety days of the first election, between the two places receiving the highest number of votes, and the THE UNIVERSITY OP TEXAS. 205 one receiving the highest number at said second elec- tion shall be declared to be selected by the people as the location of the University of Texas. Sec. 5. The government of the University shall be vested in a board of regents, to consist of eight mem- bers selected from different portions of the State, who shall be nominated by the governor, and appointed by and with the consent of the Senate. Sec. 6. The board of regents shall be divided into classes, numbered one, two three and four, as deter- mined by the board at their first meeting; shall hold their office two, four, six and eight 3^ears respectively, from the time of their appointment. From and after the first of January, 1883, two members shall be ap- pointed at each session of the legislature to supply the vacancies made by the provisions of this section, and in the manner provided for in the preceding sec- tion, who shall hold office for eight years respectively. Sec. 7. The regents appointed pursuant to the fifth section of this act, and their successors in office, shall have the right of making and using a common seal and altering the same at pleasure. Sec. 8. The regents shall organize by the election of a president of the board of regents, from their own number, who shall hold his office during the pleasure of the board. They shall establish the departments of a first-class university, determine the officers and pro- fessorships, appoint the professors (who shall constitute the faculty, with authority to elect their own chairman) and other officers, fix their respective salaries, and to enact such by-laws, rules and regulations as may be necessary for the successful management and govern- ment of the University; provided, that the salaries and expenses of the University shall never exceed the in- terest on the University fund and land sales fund, or ever become a charge on the general revenue of the State. Sec. 9. The immediate government of the several departments shall be intrusted to their respective fac- ulties, subject to joint supervision of the whole faculty, but the regents shall have power to regulate the courses of instruction, and prescribe, by and with the advice of 206 THE UNIVERSITY OF TEXAS. the professors, the books and authorities used in the several departments, and to confer such degrees and to grant such diplomas as are usually conferred and granted by universities. Sec. 10. The regents shall have power to remove any professor, tutor or other officer connected with the institution, when, in their judgment, the interest of the university shall require it. Sec. 11. The fee for admission to the university shall never exceed thirty dollars, and it shall be open to all persons in the State who may wish to avail themselves of its advantages, and to male and female on equal terms, without charge for tuition, under the regulations prescribed by the regents, and all others under such regulations as the board of regents may prescribe. Sec. 12. The treasurer of the state shall be the treas- urer of the university. Sec. 13. It shall be the duty of the governor within thirtv days after the location of the university shall have been determined to convene the board of regents at the city of Austin for the following purposes: First— To effect the permanent organization of said board. Second — To adopt such regulations as they may deem proper for their government. Sec. 14. Meetings of the board shall be called in such manner and at such place as the regents may prescribe, and a majority of them so assembled shall constitute a quorum for the transaction of business, and a less number may adjourn from time to time. Sec. 15. It shall be the duty of the board of regents, after the organization of the board of regents, to meet at the place chosen for the university for the following purposes: First — To establish the departments of the univer- sity. Second — To define the general plan of the university buildings. Third — To advertise for plans and specifications of the same. Fourth — To take such action as may be deemed THE UNIVERSITY OF TEXAS. 207 advisable for the creation of professorships and the elec- tion of professors. Fifth — To take such other action as may be deemed necessary for perfecting the organization of the uni- versity. Sec. 16. After the plan and specifications of the building shall have been adopted, it shall be the duty of the board of regents to advertise for bids for the construction of the same, and to proceed as soon as practicable to the erection of the same. The buildings to be substantial and handsome, but not loaded with useless and expensive ornamentation ; 'provided, that the cost of the buildings shall not exceed one hundred and fifty thousand ($150,000) dollars; and, provided further, that said building shall be so constructed as to admit of additions thereto, without marring the har- mony of the architecture. Sec. 17 The regents are empowered, and it shall be their duty to purchase the necessary furniture, library, apparatus, museum and other appliances; provided, that the amount expended for said purposes shall not exceed forty thousand dollars. Sec. 18. The regents shall have authority to expend the interest which has heretofore accrued, and may hereafter accrue, on the permanent University fund, for the purposes herein specified, and for the main- tenance of the branches of the University ; and the said interest is hereby appropriated for this purpose. Sec. 19. All expenditure shall be made by order of the board of regents, and the same shall be paid on warrants of the comptroller, based on vouchers ap- proved by the president and countersigned by the secretary. Sec. 20. No religious qualification shall be required for {idmission to any office or privilege in the Univer- sity; nor shall any course of instruction of a sectarian character be taught therein. Sec. 21. The board of regents shall report to the board of education annually, and to each regular ses- sion of the Legislature, the condition of the Univer- sity, setting forth the receipts and disbursments, the number and salary of the faculty, the number of stu- 208 THE UNIVERSITY OP TEXAS. dents, classified in grades and departments, the expenses of each year, itemized, and the proceedings of tlie board and faculty fully stated. Sec. 22. There shall be appointed by the Legislature, at each regular session, a board of visitors, who shall attend the annual examinations of the University and its branches, and report to the Legislature thereon. Sec. 23. The reasonable expenses incurred by the board of regency and visitation, in the discbarge of their duties, shall be paid from the available university fund. Sec. 24. That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 30, A. D. 18«L Takes effect ninety days after adjournment. ACTION OF THE LEGISLATURE OF 1882. In April, 1882, Gov. Roberts assembled the Seven- teenth Legislature in extra session for various and special purposes of legislation, among them, "To take such action as may be necessary in regard to the Uni- versity of Texas and its branches; in everything relat- ing to their government, to the relations between them, to the increase and disposition of their funds; and to take such further action as may be deemed necessary and proper in any and every respect for the support and maintenance of the Prairie View Normal School and for the discharge of its debts and liabilities." The only changes in the membership of the Senate since the regular session in 1881 were W. 0. Davis, in the eleventh district, in place of J. M. Martin, deceased; J. G. McDonald, in the sixteenth district, in place of J. T. Buchanan, deceased; L. H. Brown, in the twenty- eighth district, in place of E. K. Lane, resigned ; and C. A. McLane, in the twenty-ninth district, in place of S. Powers, deceased. April 7, Gov. Robert's message was read in which, among other subjects, he alludes at length to the Uni- versity, the A. and M. College, and the "Prairie View Agricultural College." In that message Gov. Roberts seemed to argue that the Prairie View school, if not in fact, was intended to be a branch of the University. THE UNIVERSITY OP TEXAS. 209 He says: "It was provided that the University of Texas should include an agricultural and mechanical department, but inasmuch as an agricultural and me- chanical college had then (1875) ah^eady been estab- lished in Brazos county, it was made a branch of the University of Texas, and to remedy the difficulty of afterwards appropriating general revenue directly to complete the buildings and furnish the necessary fur- niture, the Legislature was required at its next ses- sion, to appropriate for those purposes an amount not exceeding $40,000 which was done, and the appropria- tion was made and paid out of the general revenue of the iState. The Legislature was also required, when deemed practicable, to establish and provide for the maintenance of a college or branch university, for the instruction of the colored youths of the iState, to be located by a vote of the people, provided no tax shall be levied, and no money appropriated out of the gen- eral revenue, either for this purpose, or for the estab- lishment and erection of the buildings of the Univer- sity of Texas." The governor follows up the assumption that the proposed school for colored youths was to be a branch of the University by adding "That the institution when established, as well as the Agricultural and Mechanical College, was intended to be a branch of the University of Texas, is manifested by the next and last section under the head of 'University' in the Constitution which sets apart 'for the endowment, maintenance and support of said University and its branches, 1,000,000 acres of land.'" To this it may be answered, that if the school was necessarily intended to be a branch of the University the Constitution should have said "college or university branch," meaning college branch, or university branch, instead of using the alternative expression, "college, or branch university," which properly construed means either a college, that may not be a branch, or a univer- sity for the colored youths that would be a branch of the main university. It is most likely that what was intended, was a college with a separate board of control 14— T. 210 THE UNIVERSITY OF TEXAS. and to be designated a college, like the A. and M. Col- lege, or a Universit}^ for colored youths to be known as a branch of the main university , whichever might be deemed most desirable. Alluding to the clause in the Constitution of 1876, taking the alternate sections, wihch had been given to the University and converting them to the free school fund, the Governor says: "Had this not been done the University would have had a most magnificent endow- ment of valuable lands, amounting at the time it was done, in 1876, to about 1,700,000 acres, and by the in- crease up to the present time of over three million acres;" and adds, "As a compensation for this, it may be in- ferred, the Convention set apart for the University, one million acres of land, which were not located and sur- veyed until four years afterwards; and being located in extreme western counties, are not proportionately near as valuable as an equal amount of lands selected in the mode provided b}^ the act of 1858." Considering the great discrepancy in what the Con- vention substituted for what was taken away from the University, it is amusing to find the Governor adding that "in this instance, it may be, the members of the Convention intended to get rid of a troublesome matter in the selection of the lands out of those that had been surveyed and were to be surveyed, rather than to inflict any detriment upon the University." But such was the history; and such history as repeated itself when some years later, the Legislature, to get rid of another troublesome university matter, declared a loan of $125,000 to the University to be in tuU payment and satisfaction of all claims for universit}^ funds used by the State," which, with interest, amounted to over $400,000! It was a remarkable discount of the State's obligation in either instance. In his same message Governor Roberts made the recommendation that "by adding 2,000,000 acres of land to the 1,000,000 acres heretofore set apart for the Universit}^, and making proper arrangements for its disposition, a permanent fund might be accumulated that would ultimately be adequate to meet the expense of establishing and maintaining a first class Univer- THE UNIVERSITY OF TEXAS. 211 sity." The Governor also recommended validating the bonds for about $134,000 issued to the University in lb67, and known as bonds of doubtful validity." The action of the Legislature following these and other recommendations of Governor Roberts as to the University is indicated in the following references from the journals: April 7. Senator Stubbs introduced a bill entitled Senate bill 6, "An act to adjust the State's indebtedness to the University fund, and to make an appropriation therefor." Referred to Committee on Finance. April 8. Senator Wynne introduced a bill entitled '•An act to amend section 18 of an act to establish the University of Texas." (Relating to use of available University fund.) Referred to Committee on Educa- tion. April 10. Senator Stubbs introduced a bill (Senate bill 20) entitled "An act appropriating and setting apart 2,000,000 acres of land out of the unappropriated public domain, or out of any of the public reserves made by the act of July 14, 1879, for the benefit of the University fund, and to provide for the surve}^ loca- tion and sale of the same." Referred to Committee on Education. April 11. Senate bill 6. To adjust the State's in- debtedness Avas reported by substitute by Senator Ross, chairman of Committee on Finance. Senator Davis, for minority of the committee, pre- sented a dissenting report, agreeing that the claim was a just and legal debt against the State, but objecting that the substitute made no provision for payment of the principal of the bonds. The report adds: "We suggest that as the bonds have been long due, and there is sufficient money in the treasury to liquidate them, it is the duty of the Legislature to provide for the im- mediate payment of the principal and interest of the bonds, and not to continue to hoard money in the treasury, which yields no interest, and at the same time continues to pay interest on a past due debt which we have the means to pay off at once." The bill was read first time with majority and mi- 212 THE UNIVERSITY OF TEXAS. nority reports. It refers to the bonds which had beeri; known as ''bonds of doubtful validity." Senator Swain introduced a bill, ;^enate bill 22, en- titled "An act to set aside and appropriate three million acres of the public lands of Texas for the benefit ol the State University. Referred to Committee on Educa«- tion. April 13, Senate bills 20 and 22 were reported by substitute by Buchanan, chairman of Committee on Education. Senator Davis introduced a bill, Senate bill No. 28, to repeal the "act providing for sale of a portion of the unappropriated public lands of the State of Texas and the investment of the proceeds of such sale." Senator Koss oiFered the following amendment : "Strike out all in the bill appropriating any of the proceeds of the sale of the land to the University fund or diverting the same from the payment of the public debt." Senator Harris offered a substitute for the bill and amendment. April 14, Senate bill 6, as to the State's indebtedness to the University, was read with substitute. The bill was tabled, and, on motion of Senator Ross, the substi- tute was adopted. Senator Davis offered the following amendment: "And the further sum of $134,472.26 is hereby appro- priated out of the general revenue to be applied to the payment of the principal of said lands and transferred to the University fund." Senator Harris offered amendment to pay $134,472.26 out of the general revenue to the University fund, to be invested by the Governor and Treasurer in bonds of the State of Texas or United States bonds, and to form part of the permanent fund of the University, and the interest to form a part of the available fund of the University. The substitute was accepted. On motion of Senator Terrell,* the rules were sus- pended to place the bill on its third reading, by a vote of 24 yeas to 3 nays, the latter being Senators Davis, Duncan and Davenport. The bill passed by the THE UNIVERSITY OF TEXAS. 213 following vote: Yeas, 21 — Brown, Buchanan, Gooch, Harris, Henderson, High tower, Homan, Lair, Lightfoot, McLane, McDonald, Moore, Patton, Ramey, Ross, Stubbs, Swain, Terrell/rilson,Wethered, Wynne. Nays, 7 — Burges, Burton, Davenport, Davis, Duncan, Martin, Shannon. April 15, the President laid before the Senate the substitute for Senate bills 20 and 22, ''An act to set apart and appropriate 2,000,000 acres of land for the benefit of the University of Texas, out of the reserva- tions made by the act of July 14, 1879, and to provide for the survey, location and sale of the same," being the special order of the hour. Senator Terrell moved to suspend temporarily the special order to take up Senate bill 2*^, to repeal the act providing for sale of a portion of the unappropriated public lands of the State. Senator Duncan offered an amendment substantially the same as offered by Senator Ross, and it was adopted. The Harris substitute was lost, and the bill passed by a vote of 24 yeas and 2 nays— Davis and Harris. The committee reported Senate bill 6 as properly engrossed. Substitute for Senate bills 20 and 22 was resumed as the special order, and Senator Duncan offered a substi- tute setting apart and appropriating 1,000,000 acres for the benefit of the University and the public free schools, and to repeal the "act providing for the sale of a por- tion of the unappropriated public domain and invest- m.ent of the proceeds of such sale." Several amend- ments were offered, and Senator Swain offered a sub- stitute for the bill and amendments. Ruled out of order. The Duncan substitue was lost and the bill was or- dered engrossed by the following vote: Yeas 19 — Brown, Buchanan, Gooch, Henderson, High tower, Homan, Houston, Lightfoot, McLane, McDonald Moore, Patton, Raijaey, Stewart, Stubbs, Terrell, Wil- son, Wethered, Wynne. Nays 9— Burges, Burton, Davenport, Davis, Duncan, Harris, Martin, Ross, Swain. April 19. The bill which proposed to appropriate 214 THE UNIVERSITY OP TEXAS. two million acres of land to the University \/as report- ed duly engrossed. April 20. The bill being again under consideration Senator Duncan offered amendmentas follows: "Amend by striking out two million acres for the University and insert one million acres for the University and the public free schools in equal proportions; the portion for the schools to be surveyed in alternate sections with the University sections; the expense of the sur- vey to be paid out of the public free school and Uni- versity fund in equal portions." Senator Swain offered a substitute. Ruled out of order, pending the previous question and the main question was ordered. The Duncan amendment was lost, and the bill passed by the following vote: Yeas 18 — Brown, Buchanan, Burges, Gooch, Henderson, Hightower, Lightfoot, McLane, McDonald, Moore, Pat- ton, Ramey, Stewart, Stubbs, Terrell, Tilson, Wethered, Wynne. Nays 10 — Burton, Davenport, Duncan, Har- ris, Houston, Lair, Martin, Ross, Shannon, Swain. April 20. A message from the House gave notice of the passage by that body of Hoiise joint resolu- tion x\o. 2, providing for holding an election for the location of a branch of the University for colored youths. The Senate adopted the resolution, adding the emergency clause by a vote of yeas 27, nays none. The House concurred in the amendment, and the reso- tion was finally passed by both houses. Senator Brown introduced "An act providing for the lease of the University lands." Referred to Committee on Education ; reported favorably by the committee and passed by a vote of 23 yeas to 2 nays — Davis and Duncan. In the House, April 10, 1882. There being under consideration a bill offered as a substitue by Mr. Find- lay to "repeal all laws granting lands to any person^ firm or cor[)oration or company for the construction of railroads, canals and ditches, -Mr. Todd offered amendment adding after the words "canals and ditches" in section 1, the words, "or for any other purpose ex- cept to build our State capitol, or to build and carry THE UNIVERSITY OF TEXA8. 215 on our University and its branches." Ruled out of or- der as not germane to the bill. A lengthy report from Comptroller Brown was pre- sented to the Legislature, showing all the moneys which had been appropriated or otherwise taken from the University fun^, and specifying the objects to which the money so taken had been applied. Follow- ing is the communication : Office of Comptroller, Austin, April 8, 1882. Hon. Geo. R. Reeves, Speaker of House of Representatives: SiR^ — I have the honor to acknowledge the receipt of the following resolution adopted by the honorable House of Representatives on April 6, 1^82: Resolved, That the Hon. W. M. Brown, Comptroller be, and he is hereby requested to make to this body as early as practicable, a report showing all the monies which have been appropriated or otherwise taken from the University fund, and specifying the objects to w^hich the money so taken from said fund has been applied.'* In response to said resolution the following informa-- tion is furnished: The University fund has been changed in character, and disposed of in six modes. 1 — By being transferred to State revenue and State bonds issued therefor $134,472 3f') 2 — By beia'2; transferred to State revenue and no bonds issued therefor, and no return thereof made to the University fund.... 11,280 02 .'). — ^^Iride invalid by ordinance of the Conven- tion of ISGG 12,230 39 4. — Replaced by certificate of debt from Comp- troller 10,300 41 5. — By payments made under particular laws directing disbursements therefrom with- out specific appropriation 12,621 30 6. — By payments under appropriations 41,636 45 The dispo-ition of the funds by "appropriation or otherwise" according to the above modes, in detail in the order of the date of the disposition thereof, as far as practicable to present, was as follows: By authority of an act approved January 31, 1860, there was transferred from the University fund to State revenue account, as follows: ^16 THE UNIVERSITY OF TEXAS. In 5 per cent United States bonds $100,000 00 In interest on same 0,473 26 Total : $109,472 26 This transfer was made on the books of the Comp- troller on Februrary 29, IcSGO. By authority of acts approved January 29 and Feb- ruary 8, 18ii], there was an additional transfer from the Universitj'' fund to the general fund, viz. Act of January 29, 1861 $ 9,768 62 Act of February 8, 1861 25,000 00 Total S34,768 62 This transfer was made February 28, 1861. On January 9, lfe62, another act was approved by which an additional transfer was made to the general fund from the University fund, amounting to $1520.40, making total transfers from the University fund to State revenue account, as follows: Under act of January 31, i860 .$109,472 26 Under act of January 29. 1861 9,768 62 Under act of February 8, 1861 25,000 00 Under act of January 9, 1862 1,520 40 Total transfers $145,761 28 The last transfer, viz., under act of January 9, 1862, consumed the entire University fund except. Specie 57 Confederate notes $3,952 74 Warrants 4,638 97 Ten per cent interest warrants 12,055 80 Subsequent to that date, and up to June, 1865, there were further receipts to the University fund in warrants $5661.44. and in interest bearing warrants $* 74.69, making total receipts in warrants $10,3U0.4l, and in interest bearing warrants |1 2,230. 39. It appears that by an oversight the 57 cents in specie was dropped from the account. On June 8, 1865, the warrants ($10,300.41) were canceled and a certificate of indebtedness issued to the University fund by W. L. Robards, then comptroller. The books of this department show that on the THE UNIVERSITY OP TEXAS. 217 thirty-first day of July, 1867, under the third section of an ordinance of the convention, the above interest bearing warrants ($12,230.39) were dropped from the books. These warrants were paid into the University fund from 1859 to 1863, inclusive, received for sale of lands. There was thus left to the credit of the University fund only $10,300.41, represented by the comptroller's certificate of indebtedness. This amount is still to the credit of that account, as will be seen by reference to reports from this office. The several acts referred to, appropriating the Univer- sity fund to general purposes, provided that the amount appropriated sliould be returned to that account. The books of this depart»nent show that on August 1, 1867, under an act approved November 12, 1866, there was issued and placed to the credit of the University fund in five per cent State bonds, 1 134,472.26. From the foregoing it appears that the amounts bor- rowed from the University fund by act of January 31, 1860. $109,472.26, and the further amount borrowed by act of February 31. 1861, $25,000, amounting to $134,- 472 26, have been returned to that fund in the form of five per cent ^tate bonds, issued under act of November 12, 1866. The other amounts borrowed, viz: by act of January 29, 1861, $9,768.62, and by act of January 9, 1862, $l,5-i0.40, aggregating $11,289.02, have not been re- turned to the University fund. It is possible, however, that the omission is due to the provisions of ordinance No. 2 of the constitutional convention of 1866, prohib- iting the assumption or payment of any portion of the debt incurred from January 28, 1861, to August 5, 1865. The foregoing matter was included in a report to his excellency the Governor, for the information of the Board of Regents of the University of Texas, made on November 14, 1881. The following show disbursements made under particular laws directing payments without appropria- tions, and disbursements made in accordance with ap- propriations. Sl8 THE QNIVERSITY OF TEXAS. Expenditures against an appropriation of $2,500 to defray the exr^enses of the fulministrah'on in loratingr the University of Texas, asunder joint resohition approved November 13, 1866. (See Genera 1 Laws, page 272) $4!t6 00 Amonnts pa-d for snrveyins: University lands un der section 3. act of April 8, 1874, page 73, Genpral Laws, 1874 2,310 48 Amounts paid for valuing- University lands un- der section 8, act of April 8, 1874, page 74, General Laws of 1874 1,494 00 Commissions paid on Universit}^ lands purchased bv the State under section 6, act of March 4, 1875, page 62. General Laws of 1875._ 1,000 00 Amounts paid for surveying the University lands of Texas, in accordance with title 81, chapter 1, articles 4025 to 4030, Revised Statutes 6,640 02 Expenf'itures against the appropriation of $500, under joint resolution approved February 19, 1879. (See General Laws of 1879, page 187.) 30 00 Amounts drawn against the appropriation of $7500 each, ($15,000) for the years ending Feb- ruary 29, 1880, and February 28, 1881, act of July 9, 1879, folio 45. General Laws, special session, 1879, for cabinet, library and agricul- tural implements, Agricultural and Mechani- cal College 15,000 00 Amounts expended for one additional bookkeeper at Treasury Department for years ending February 29. 1880, and February 28, 1881. un- der "Act for the support of the State govern- ment," approved April 23, 1879, page 154. General Laws, 1879 1,350 00 Also am!>unt appiopriated by act of April 1, 1881, for two additional bookkeepers, Treasury De- partment, for two years ending February 28, 1^82 and 1883. (See General Laws 1881, page 85) l.<325 00 This was a part of the appropriation chargeable against the University and school funds jointly. Amounts paid against the appropriation of $6000 lor the support of Prairie View Normal School, act of April 19, 1879, pages 181 and 182, Gen- eral Laws of 1879, and additional appropria- tion of $1600, act Jidy 9, 1879, page 45, spe- cial session $7,541 87 Amount paid against the appropriation of $6,0U0 for the support of Prairie View Normal School for second session, under act approved April 19, 1879, page 181 5,686 23 THE UNIVERSITY OP TEXAS. 219 Amount paid against appropriation of 86.000 for the support of Prairie View Normal School for the year ending August -31, 18S3, under act of April 1, 1881, page 91 1.462 68' Amount expanded under act of March 30, 1881, pages 77 to 8y, General Laws of 1881 1, 176 SO Amount drawn ag;iinstthe appropriation of $3,500 under act approved March 30. 1881. (See Gen- eral Laws, 1881, pages 76 and 77 1.500 00 Amc^Jnt paid directors of the Agricultural and Mechanical College out of the University fund, under act approved March 30. 1881. (See General Laws of 1881, page 76, article 3689.) 210 45 Amount drawn against the appropriation of $7,500, underact of April 1, 1881, page 91 6,944 67 Respectfully, W. M. Brown, Comptroller. April 12, 1882, Mr. Todd introduced a bill entitled "An act appropriating and setting apart 2,500,000 acres of land out of the unappropriated public domain, or out of any of the reserves made by the act of July 14, 1879, for the benefit of the University fund, and to provide for the location, survey and sale of the same." Read first time and referred to Committee on Public Lands and Land Office. April 17, a message from the Senate informed the House that the Senate had by a two-thirds vote passed substitute Senate bill r<, "An act to adjust the State's indebtedness to the University fund and make appropri- ations therefor." Referred to Cjommittee on Finance. April 18, Mr. JNlack, by leave, introduced a joint resolution providing for an election to be held for the location of a branch of the University for the instruc- tion of the colored youth of the State. Read first time and referred to Committee on Educational Affairs. April 21, sub.stitute Senate bill Nos. 20 and 22, "An act to set apart and appropriate 2,000,000 acres of land for the benefit of the University of Texas out of the reservation made by the act of July 14, 1879, and to provide for the survey, location and sale of the same,'' was read first time and referred to Committee on Public Lands and Land Office. Mr. Beck introduced a bill to be entitled "An act to amend 'an act to establish an Agricultural and Mechan- ical College of Texas for the colored youths, and to- 220 THE UNIVERSITY OF TEXAS. make an approriation therefor,' approved August 14, 1879." Head first time and referred to (Jommittee on Educational AflPairs. Committee Room, Austin, April 22, 1882, Hon. Geo. R. Reeves, Speaker of the House of Represent- atives : Your Committee on Education, to whom was referred joint resolution No. 2, requiring an election to be hjeld on the first Tuesday after the first Monday in Novem- ber, 1882, for the location of a branch of the State University for the instruction of colored youth, have had the same under consideration, and instruct me to report the same back with the recommendation that it do pass. Todd, Chairman. Committee Room, Austin, April 22, 1882. Hon. Geo. R. Reeeves, Speaker of the House of Represent- atives : Your Committee on Public Land and Land Office, to whom was referred House bill No. 55, entitled "An act appropriating and setting apart two and one-half millions acres of land out of the unappropriated public domain, or out of the reserves made b}^ the act of Juh^ 14, 1879, for the benefit of the University fund, and to provide for the location, survey and sale of the same," have had the same under consideration, and instruct me to report the same back with the recommendation that it do not pass, because it is, in the opinion of your committee, in contravention of the requirements of the Constitution in regard to the disposition of the public lands of the State. * Matlock, Chairmim. Mr. Woods, by leave, introduced a bill to be entitled "An act to set apart and appropriate a portion of the public lands of the State of Texas out of the reservation of July 14, 1^79, for the benefit of the University and Prairie View colored school, and to provide for the location and survey thereof, and to open the remainder of said reservation for the location of land certificates." Read first time and referred to Committee on Public Lands and Land Office. THE UNIVERSITY OF TEXAS. 32I Mr. Moursund, for the Committee on Public Lands and Land Office, submitted the following report: (.'omraittee Koom, Austin, April 25, 1882. Hon. Geo. R. Reeves, Speaker of the House of Represent- atives : Your Committee on Public Lands and Land Office, to whom was referred House bill No. 91, entitled "An act' to repeal an act to provide for the sale of a portion of the unappropriated public lands of the State of Texas and the investment of the proceeds thereof, ap- proved July 14, i879, and an act amendatory thereof, approved March 11, 18/ments of the asylums, including future as well as past donations and grants intended as endowments. Such, also, we claim to be the evident ' object of section 1 1 , in regard to the University. Look- ing at article 7, as a whole, we find that it refers to the public schools, the asylums and the University, each of which had already been endowed by the State. The per- manence and security of these endowments seems to have been one of the primary aims of the article. The "funds, lands, and other property," before set apart for public schools, the "alternate sections of land reserved by the State out of grants heretofore made, or that may here- after be made, to railroads or othei' corporations," to- gether with the proceeds of the sale of the same, are made a ''perpetual school fund," to be invested in the way prescribed in the constitution— the interest only to be "applied annually to the support of the pub- lic free schools'' (article vii, sections 2, 4 and 5.) So, as we have sf^en, the endowment of the asylums, as then existing, or as increased by further donations, was made a "permanent fund," to be invested in like man- ner. And so, in section 11, with the same leading ob- ject in view, the constitution declares that "all lands and other property heretofore set apart and appropri- ated" for the University, and "all grants and donations and appropriations, that may hereafter be made by the State of Texas, or from any other source, shall consti- tute and become a permanent University fund." This permanent fund, including proceeds of land sales and all sums then in the treasury, is to be also invested as directed for public schools, the interest to be subject to appropriation. Bearing in mind that the protection of 236 THE UNIVERSITY OF TEXAS. the endowment was a primary object in framing section 11, it follows naturally that this protection would be extended to all future additions to that endowment by grants, donations, and appropriations from the State, or from an}' other source. With this key to their meaning, is it not reasonably clear that in this section, as in section 9, the words used were not intended to be taken in their full literal signification? The object being to protect the permanent fund, that protection is extended to all donations or accessions to that fund from any source. Surely the object could not have been to discourage gifts to the University by 'unreasonable restrictions. Yet, if the clause imposes a restriction on the Legislature, the conclusion is inevit- able that it imposes the same restrictions on individuals desiring to make donations or bequests for the benefit of the University. It has already been shown that if the object of the clause was to prohibit appropriations to be expended, the method of doing so was so indirect and awkward as of itself to make the meaning obscure and doubtful. And in this connection it is quite significant to note that in section 14 of this article, when the object was to limit the legislative power to make appropriations for the University out of money raised by taxation, the prohibition is direct and positive : *'N6 tax shall be levied and no mone}'- appropriated out of the general revenue for the establishment and erection of the buildings of the University of Texas." Here is no ambiguity. Right here, when the con- stitution is specifying the purposes connected with the University for which the people shall not be taxed, we would naturally expect to find it specified that appro- priations should not be made out of the general rev- enue to meet the current expenses of the University — if, indeed, such a restriction were intended. Here is a clause the direct object of which is to limit the pur- poses, the University purposes, for which the people may be taxed. The inference is strong that for all other University purposes than those here expressed, the power of the Legislature to make appropriations out of the general revenue is intended to be left un- touched. Extravagant expenditure in the erection of THE UNIVERSITY OF TEXAS. 237 expensive buildings for colleges had been common, so common that it was desired to protect the people- from suffering from such extravagance in the case of the University. It by no means follows that there was any design, or even disposition, to curtail furtlier the power expressly granted to levy taxes to ''support" the Univer- sity. Strong confirmation of these views of section 11 is to be found by tracing this section back to its origin. On page 134 of the proceedings of the Constitutional Con- vention is found the following: "By Mr. Davis, of Brazos, the following resolution : "Resolved, That section — , Article -— , of the con- stitution, shall read as follows: "The Legislature shall, as soon as practicable, pro- vide for the establisment of a iState University, for the promotion of literature and the arts and sciences, including an agricultural and mechanical department, and the Agricultural and Mechanical College of Texas, established by an act of the Legislature, approved April 17, 1871, located in the county of Brazos, shall be and is hereby constituted a branch of the State University, for instruction in agriculture, the mechanic arts, and the natural sciences connected therewith. "The Univer.-ity lands and the proceeds thereof, and all money belonging to the University fund, and all grants, donations and appropriations heretofore made under former laws of this State for the maintenance and support of a State University, and all other lands and appropriations that rn ay hereafter be granted by the State, shall be and remain a permanent fund for the use of the State University. The interest arising from the same shall be annually appropriated for the support and benefit of said University. "And it shall be the duty of the Legislature to take measures for the protection, improvement or other disposition of said lands, and, as soon as may be done, to provide effectual means for the permanent security and investment of the funds of said State University. "Referred to Committee on Education." It is apparent that the "grants, donations, and ap- propriations heretofore made," before the establishment 238 THE UNIVERSITY OF TEXAS. of the University, had been designed for its endow- ment, and that the ''lands and appropriations that may hereafter he granted by the State" were of a like nature. Mr. Davis, of Brazos, was undoubtedly aming to secure the Agricultural and Mechanical College an interest in the endowment of the University, also to protect that endowment and make it productive. There is nothing to indicate a design to curtail the power of the Legislature in making appropriations out of the gen- eral revenue for the University. Further illustrations showing that such expressions as "all funds, lands, and other property * * that may hereafter be set apart and appropriated " were used, when the context plainly negatives an}^ intention to include annual appropriations for current expenses, may be found on pages 243 and 137 of the proceedings of the convention. In addition to all this, it ma}^ well be claimed that in making appropriations out of general revenue for the current expenses of the Agricultural and Mechan- ical College, the Legislatures have given their construc- tion to the constitution, and that it is entitled to respect. The constitution makes the Agricultural and Mechan- ical college a branch of the University. Being a branch — an integral part of the Univerity — how can the Legislature appropriate revenue to meet its current expenses if they are forbidden to do this for the Uni- versity? Can any authority be found in the constitu- tion for doing this for the Agricultural and Mechanical College, and not for the University? We do not undertake to say positively that there cannot, but what we do assert is that the burden of showing it devolves on those who claim that it exists. Prima facie, we have a legislative interpretation of the constitution in favor of the right to appropriate in like manner for the main University. In fact, is not an appropriation for the current expenses of the Agricultural and Mechanical College indirectly an appropriation to the main University by relieving it in so far from the burden of defraying the expenses of the Agricultural and Mechanical College out of its income? It is claimed that enough has been said to justify THE UNIVERSITY OF TEXAS. 239 the construction of section 1 1 which we have suggested — even if the fact were that we were simply seeking the meaning of the section standing alone, with no outside reason or occasion pressing for or against any particular construction. If taken by itself, its most probable, most reasonable meaning, may be briefly summed up thus : " To secure a permanent, productive fund, designed to enable the Legislature to establish the State Universit}^, it is declared that its endowment as it now exists, including land and other property heretofore granted by the State, and all money arising therefrom ngw" in the treasur}^ and also its endowment as it may be added to by the State, or from any other source, shall be a permanent University fund, invested only in bonds of the State or of the United States, the interest on which shall alone be expended under the direction of the Legislature for the benefit of the University." But it must be remembered that we are compelled to reconcile this section of the constitution with sec- tion 40, article 3. Taken literally the two sections are in conflict. The one plainly and incontrovertibly declares the power of the Legislature to appropriate money out of the general revenue to support the Uni~ versity. Unless this power is restricted by section 11, it clearly authorizes the annual expenses of the Univer- sity to be provided for out of the general revenue. To say the least of it, it is ^r from certain that section 11 was df^signed to impose any such restric- tions. It admits of a reasonable construction, which harmonizes the two sections. That construction re- quires no departure from the natural or primary mean- ing of the language. The words are merely, from the context, interpreted as covering less ground than they sometimes do. In this way the two sections become harmonious. They must be harmonized. If this is not the way to make them harmonious, then we must do it by giving to the words "to support," in section 48, article 3, a limited meaning. We must conclude that the constitution, while requiring the University to be supported by taxation — declaring that its support is one among the purposes for which taxes may be levied 240 THE UNIVERSITY OP TEXAS. — most strangely departs from the usual method of providing for government purposes, by requiring suf- ficient taxation to raise a fund the interest on which will support it. It is believed that no sufficient reasons can be given in support of this mode of harmonizing the constitution, and it is only deemed necessary to add that it leaves in force the absurd restrictions on gifts to the University, alluded to in the outset. General Maxey's argument in his University ad- dress was as follows ; The Constitution of 1875 is clear and explicit as to the power and duty of the Legislature in respect to the University. The Legislature shall . . "estab- lish, organize and provide for the maintenance, sup- port and direction of a University of the first class . . and styled ' The Universit}^ of Texas,' for the promotion of literature and the arts and sciences, including an agricultural and mechanical department." '.'The Legislature has alread}^ complied with its constitutional duty to the extent of "establishing, organizing and providing for the direction" of the University, but the duty of providing for "the mainte- nance and support" has only been partially discharged. It will not do to say that the remnant of the fifty leagues given in 1839, and the 1 1 00,000 in 1858, re- duced by appropriations by the State to other objects, and the 1,000,000 acres of land given by the Constitu- tion, made sufficient provision. The framers of the Constitution knew perfectly well of these donations and of she diversion by the State of a portion of these grants to other objects. They knew perfectly well that the munificent land grant and the $100,000 in bonds granted by the act of 1858, supplemented by what the State had not disposed of — of the fifty leagues — would have amply endowed, supported, and maintained the University without taxation ; but the Constitution took away the land grant of 1858 from the University, although not one ever found fault with that donation, and then granted 1,000,000 acres, which in view of the relative value of the land? was but a small return. Still the Constitution by no expression limits the Legislature in providing for the support and maintenance of a THE UNIVERSITY OB^ TEXAS. 241 University of the first class, save the general limit ap- plicable to all objects of appropriation, and the restric- tion against appropriations to buildings, but does in express terms grant it the power to levy a tax for the support and maintenance of the University, as well as to make appropriations to that end out of the general revenue. The power, therefore, is ample ; the neces- sity to support and maintain a University of the first class exists, and hence the power being ample, and the necessity existing, the duty is imperative. It is true that the Legislature, by the act of April 10, 1883, made an additional grant of 1,000,000 acres of land to the University, but it is manifest that however valuable and yielding these grants may become they do not now yield a sufficiency for necessary buildings, and for the support and maintenance of the University upon the broad scale contemplated by the constitution, and what they lack should be supplied by necessary appropria- tions, and the Legislature will not do its imperative constitutional duty until it makes such provision. The Legislature passed an act approved November 30, 1881, '*to establish the University of Texas." Manifestly, there foi-e, it believed the time had come to do so. The constitution declares that the Legislature should estab- lish and organize the University "as soon as practi- cable." Having done so, it is too plain for argument that the other duties to provide for the support and maintenance of the University, and such an one as the constitution specifically names — that is to say — ''of the first class," imperatively follows. I believe that when, the matter is understood the provision will be made. Sec. 10, of Art. 7, of the constitution says the Legis- lature shall establish, organize, and provide for the maintenance, support, and direction of a University of the first class. It did not leave it to the Legislature to designate what was such an institution, but the framers of tlie constitution had before them such institutions as Harvard and Yale and the University of Virginia, and other first class institutions, so there could be no mistake about what they meant. That was the power conferred, and the Legislature was to execute that L-16 242 THE UNIVERSITY OF TEXAS. power in the terms directed. But it is said that section 11 of the same article of the constitution modifies and restricts that provision. Now, where there are two or more constructions which may be placed upon the constitution, making it doubtful what was meant, and the Legislature has placed its construction upon the matter, so that an issue has gone to the courts, they have decided, without exception, that they will not in- terfere unless the construction placed by the law mak- ing power is manifestly against the constitution, and such is the universal rule of the courts from the tSu- preme C ourt of the United States down, and such is the principle clearly enunciated by Cooley on Constitutional Construction. The constitution, in section 11, of the same article, sets out the various items which make up the general fund. The word appropriation occasions the difficulty b}^ its use in one part of the constitution in one sense and in another part in a different sense. As I construe section 11, article 7, it has reference to such appropriations, and to such only, as are designed by the Legislature to increase the permanent Univers- ity fund, because it is associated in that section alone with other items of the permanent fund, whilst the use of the same word "appropriations,'' in the proviso to section 14, same article, has manifest reference to such appropriations as may be designated to aid in the pay- ment of current expenses when the revenues derived from the permanent fund are not sufficient for that purpose, and this is made quite clear by the same pro- viso which prohibits the use of such appropriations for the erection of buildings, and this being the only exception to its use it can by a well known rule of con- struction be used for any other legitimate object of the University. A careful examination of sections 10 and 11 and proviso to section 14, article 7, and section 48, article 3, will leave no doubt 1 think on this question. If it be, as some insist, that an appropriation can not be used for current expenses, but if made must go into the per- manent fund you have this anomaly: You have the fruits and revenues of every other item in the perma- THE UNIVERSITY OF TEXAS. 243 nent fund subject to any and every legitimate use of the University, but the interest on that particular item *' appropriations" can not be used for building. Again, if appropriations can not be used for current expenses, then whatever money may be appropriated for common schools or University raised under Art. 3, Sec. 48, would have to go into the permanent funds of the schools and University respectively, and the interest only could be used for current expenses. Certainly this construction will be new to the people. Suppose the University needs $10,000 for its immediate use in its support and maintenance. You can not make the appropriation directly under the construction claimed by some of section 11, but you must appropriate say $200,000 and put that in the general fund, and if it yields five per cent interest, use the interest, which would be $10,000, but the $200,000 would still be in the permanent fund after the necessity for the $10,000 had ceased. But look at the fourteenth section. That provides for appropriations out of general revenue, but this shall not be used for building purposes, and there is no other limitation on its use ; but there is no lawyer but knows that where an exception is made it includes every other legitimate purpose. So, if you can not use an appro-- priation out of the general revenue for building pur- poses, you can use it under the proviso to section 14 for any other legitimate purpose for the University. But the grand and governing object and mandate of the constitution is to establish and maintain "a first class University," and all other provisions of the constitution must be made to harmonize with that leading purpose. Go back to the forty-eighth section of the third article of the constitution and you will find that your Legislature has the power to tax the people for schools, "including colleges and universities." Now, if that tax must go into the permanent fund for the University, the school tax must go into the permanent school fund. You can not help the common schools or the Univer- sity by appropriations except from the interest, if this strange construction be correct. 244 THE UNIVERSITY OP TEXAS. Where the Legislature has passed an act construing the constitution, the act will be followed by the courts. The Legislature did that in its appropriations for the Agricultural and Mechanical College, which is by the constitution a branch of the University, and in giving $75,000 for the main University and $50,000 for its medical branch at Galvestion, Three times now has the Legislature put the same construction upon the constitution, allowing appropriations tor the Univer- sity outside the University fund. The Legislature has done this looking to its duty to establish a first class University, and recognizing the fact that such institu- tions have their law and medical department, I have faith in the honesty and intelligence of the people. When they come to understand the matter, and the claims of the University expressed in every form in the declaration of independence; in the consti- tution of the Republic; by the Third Congress of the Republic; by the Seventh Legislature of the State, and by the constitution of 1875, ratified by the people by a great majoritiy,and by the act establishing the Univer- sity — there will be no hesitation in securing ample ap-< propriations until the University becomes self-sustain- ing, as it soon will do after all necessary buildings, ap- paratus, library, etc., are provided and paid for. The words "maintenance" and "support," as used in the constitution, are weighty words, and the Legislature, by that instrument, is required to provide for both. The loan made by the Twentieth Legislature was of material benefit in enabling the regents to use money for the erection of the main building, as well as the building for the medical branch when established, but the duty to support and maintain is not thereby dis- charged. I am aware of the proviso to section 13, arti- cle 7, of the constitution, in respect to buildings. That does not change the argument. Let the Legislature, in case of need, support and maintain the University, and the regents, out of the current fund, can erect the buildings; and so manifestly thought the Legislature just adjourned, in its appropriations for the University proper and the medical branch." THE UNIVERSITY OF TEXAS. 245 STATUS AS TO THE FREE SCHOOL FUND. By implication, the act of March 30, lb8l, establish- ing the University, evidently aimed to preclude appro- priations from the general fund for current expenses or support of the University, just as section 14, of the 7th article of the constitution of 1876, precluded ''any State tax being levied or general revenue appropriated for University buildings,'' so that under such construc- tion the University and all its branches, except the A. and M. College, would seem to be cut off from all 8tate aid, so far as legislation can bind future Legislatures, unless the institution can come in for support as a pub- lic school from the free school fund, which is some- thing that has never been attempted but, perhaps, might reasonably be contended for in its behalf Cer'^ tainly it would be no less "justified diversion" than is practiced by the Legislature upon the University fund, or more properly but a simple distribution of the school fund as a fund in common, between the Univer^ sity and its branches as public free schools as one class and the common schools as another class of free public schools. What boots it if the one has been given two million and the other thirty million acres, if the Leg^ islature wants a redistribution? Why should not a State Legislature be as sovereign as a State convention since by legal fiction either represents the people? Has not the University, as well as the schools, been estab- lished by the constitution? and yet cannot the Legisla- ture, if it choses, refuse to make appropriations for them which would destroy them, as a member of the Legis- lature, and even Gov. Ireland once boldly declared the Legislature could do as to the University? Is not the Legislature then paramount when it comes to the ex- ercise of power? and what use for conventions to "dec- larate" to Lesjislatures when Lesrislatures can im- CD ~ periousiy disregard their high behests and refuse to execute their mandates, no matter how solemnly they may express the will and attempt to enforce the sov- ereignty of "We, the people?" Is it not too true that the "law of might" in Legislatures is a "higher law than the constitution?" and that even great sticklers for strict constitutional construction "bend its straight 246 THE UNIVERSITY OF TEXAS. rules to their own crooked wills " to suit their pur- poses? If then a convention can convert a million acres of land, as did the iState convention of 1875, from the University to the schools, why may not a legis- lature convert money from the school fund to the Uni- versity? Not that legislatures often, but sometimes, do venture to disregard the organic law according to their inclinations of prejudice or partiality for State institu- tions, and especially when affecting tState Universities as the history of some of them proves. And can the Supreme Court say na} , or prevent the Legislature,, under any constitutional issue which can be raised, from doing as it pleases with its own institutions? And what can a legislature not do, if it can make a ''loan'" to the University serve as "full settlement" of all de- mands against the State for University funds, held in trust by the State, but used for the State's own govern- mental purposes? The eighth section of the act of 1881, referred to, provides that ''the salaries and expenses of the Uni- versity shall never exceed the interest on the Univers- ity fund, and land sales fund, or ever become a charge on the general revenue of the State." This provision was made in the bill on account of the political bear- ing of the times to avoid opposition to the University on the ground that it would largely increase the burdens of the State to make appropriations for it from the general fund. It was incorporated in a bill em- bodying some suggestions of Prof. O. H. Cooper, late State Superintendent of Instruction, who has recently declined a proferred chair in the University. Capt. J. C. Hutcheson,.of Houston, introduced it into the Legis- lature, which adopted it, with some changes as to the management of the University, among them, one leav- ing out the provision for a University President, which office Prof. Cooper and Judge Terrell both wanted to retain, but which Judge Terrell, as a champion of the bill in the Senate, agreed to omit in deference to Cap- tain Hutcheson, who would not support the bill with the President clause in it, or a bill which Judge Terrell had prepared, and was finally the basis of the bill adopted. THE UNIVERSITY OF TEXAS. 247 The incorporated provision, however, as above quot- ed from the act of 188 1, seems to be violative of the spirit of the constitution referred to, but it would have been clearly so, to have enacted, if such was the aim, that the University should have no support from the State lor any purpose whatever. A fair interpretation of the law on its face is, that the limitations were in- tended simply to prevent extravagance in the salaries of professors and other running expenses of the Uni- versity, just as section 14 of article 7 of the constitution of 1876 may be interpreted to intend simply to prevent extravagance in University buildings; and in either event, not to inhibit the State from making appropria- tions frona any fund for any purpose which it might deem proper to enlarge the scope and usefulness of the institution, for that itself would be unconstitutional as a denial of btate sovereignty. As Governor Ireland argued in an address at one of the University com- mencements, referring to an application of the regents for control of the University lands, " the State will never consent to the divorcement of any of her institu- tion from her own supervision." States have done so, however, in rare instances for certain considerations ; but it may reasonably be argued that it will not permit any Legislature to bind it against fostering the University or the college in any way it pleases, and purblind enactments in that direction will simply be regarded as not even morally binding upon succeeding Legislatures. And just here it may be remarked that, until latterly, the State's appropriations failed to show anything like justice to the needs of the University as compared with the favors extended to the college. Kach institution having its own separate endowment there is no more reason for divorcing the one than the other from the State's bounty and favoring the college to the prejudice of the University, as has sometimes been done by appropriations for the college from the University funa, when the University itself was in far more neces- sitous circumstances than the college. FIRST STEPS TOWARDS A UNIVERSITY. The first action of the State apparently looking to an early establishment of a State University was an act of 248 THE UNIVERSITY OB^ TEXAS. August 30, I806, authorizing the sale of the University lands, and anotherof same date requiring the Governor to have the unlocated balaiice of them surveyed. Then followed the act of February 11, 1858, "An act to estab- lish the University of Texas," appropriating for the purpose $100,000 United ^States bonds then in the State treasury besides fifty leagues of land, and every tenth section of the lands set apart for railroads. A second attempt to start a Universit^^ was made during the "re- construction period" in 1866, when an act was passed amendatory of the act of 1858, and also a joint reso- lution which contemplated the establishment of "two universities, "one of which was to be styled the "East Tex- as University." It was the constitution of 1876 which fixed the title and purposes of the existing University, declaring that "the Legislature shall as soon as practi- cable provide for the maintenance, support and direc- tion of a University of the first class, to be located by a vote of the people of this State and styled ''The Uni- versity of Texas for the promotion of literature and the arts and sciences including an agricultural and mechanical deparptment." All that was done before the civil war was doubtless with an earnest intention to put the institution into operation at an early date. What was done during the war seems to have been for the purpose of raising revenue for the State for war exigencies. How the University trust was shamefully abused by subsequent legislation retarding the organization of the University has already been recited, and it remains only to show how, despite all obstacles, it finally got into operation, not under the acts of 185