Ezra S. (Ezra Slocum) Carr.

The University of California and its relations to industrial education : as shown by Prof. Carr's reply to the grangers and mechanics; Prof. Swinton's testimony before the Legislature; the new education, by Columella; memorial to the Legislature by joint committee of the state grange and mechanics online

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Online LibraryEzra S. (Ezra Slocum) CarrThe University of California and its relations to industrial education : as shown by Prof. Carr's reply to the grangers and mechanics; Prof. Swinton's testimony before the Legislature; the new education, by Columella; memorial to the Legislature by joint committee of the state grange and mechanics → online text (page 1 of 13)
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Prof. Cam's Reply to the Grangers and Mechanics ;
Prof. Swinton's Testimony Before the Legislature;

The New Education, by "Columella;"

Memorial to the Legislature by Joint Committee of

the State Grange and Mechanics' Deliberative

Assembly, and other Documents.

• • -»-^»>>- e -'^—


Bexj. Dore & Co., Steam Book and Job Printers,

5 1 2 Sacramento Street, San Francisco. s q y










Prof. Carr's Reply


4- *■



Califof^nia State Gf^ange,
Mechanics' Deliberative Assembly


Mechanics' State Council,

September S, 1874.


Benj. Dore & Co., Steam Book and Job Printers, 512 Sacramento St.


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" I am of the opinion that, under the new reign of labor, as the industry of
man reclaims the whole face of the earth, he will become better fitted for the
Paradise and blessing of his Father and God above. Let, then, the reign of
labor be consummated on earth. Let its temples, its towers, and its bulwarks
rise to the skies.

Let the fruits of its toil hang on every tree, and its golden harvest wave over
every field, let its busy enginery clatter along every mountain stream — its steeds
of fire and lightning messages course every laud and wave, and when this new
reign of works has done its utmost and best, our whole duty to God and to man
is done and well done, here on the earth."

Professor J. B. TURNER.


On page 15, near bottom of page, for " salray " read salary.

On page 23, near centre of page, for " habitate " read habitat.

On page 27, near top of page, for " college " read colleges,

On page 84, near top of page, for " wished " read wish.

On page 44, near centre of page, for " Cornells " read Cornell.

On page 46, near centre of page, for "past graduate" readp<?«£ graduate.

On page 50, near bottom of page, for " unestimable" read inestimable.

On page 51, near top of page, for " unestimable " read inestimable.

On page 76, at top of page, for " Hon. G-. W. Pinney " read Hon. G.
M. Pinney, and at bottom of page, for " G. W. P." read G. M. P.

On page 79, near top of page, for " legislature " read legislatures.

On page 80, near centre of page, to " practically illustrated," add the
word by.

On page 93, for " of hostile criticisms " read or.

On page 94, near bottom of page, for " instructions " read institutions.
On pagt- ^ j)« below centre of page, for "iM practical" read all practical.
On page 96, for " distinction caste " read distinction of caste.
On page 98, for " Raw plows " read 2scRoikt_
On page 98, for " expedience " read expediency*. "~~~-~— ______^

On page 98, for " orchard specimen " read orchard o/specime^Tfra^^rcSill^
On page 102, for " It is magic " read It's magic.
On page 1U6, for " Morill 'Lread Morrill.






At a meeting of the Mechanics' State Council August 12,
1874, the following resolution was passed :

" Resolved, that Prof. E. S. Carr be and is hereby requested to
furnish the Joint Committee of Grangers and Mechanics with
such facts concerning the history of the Agricultural College as
will enable us to understand all about it, with a view to laying
them before the people and the next legislature."

" In your statement we shall also be pleased to learn what
you know in relation to the Mechanical Department of the Uni-

This being transmitted through the President, Gen. A. M.
Winn ,was answered by Prof. Carr in the subjoined communica-
tion, bearing date Sept. 5 ; read before the Joint Committee Sept.
15th, and published in part in the Sunday Chronicle of Sept,
27th, 1874. The entire document is here given.

To J. G. Gardner, J. D. Blanchar, W. H. Baxter, of State
Grange ; E. D. Sawyer, M. J. Donnovan, Charles G. Terrill,
of Mechanics, Deliberative Assembly ; A. 31. Winn, G. B.
Merriam and J. W. Duncan of Mechanics' State Council
Joint Committee — Gentlemen : In reply to the request con-
tained in the above communication, I have prepared the follow-
ing statement, without access to other documents than the
published reports and statements of the Regents and my own
private papers, with such information as I have been able to
obtain from President Durant and otherS connected with the
College of California, and the various published reports of the



During my five years service as Professor of Agriculture my
knowledge of the purposes of the Board has been mainly deriv-
ed, from these sources, the notices of their meetings which have
appeared in the newspapers being the first intimation which the
Faculty have received regarding matters of gravest importance
to them, such as changes in educational policy, appointments
and removals. I shall therefore necessarily confine myself to
such facts in the history of the Agricultural College as have
come under my own observation.



One of the first, if not the very first definite movement toward
the endowment of agricultural colleges, was the presentation of
a memorial from the Pacific Coast to the Congress of 1873, by
Warren & Son, in the Senate, approved and unanimously referred
to the Committee on Education. It ably set forth the agricultu-
ral capacity of California, its growing importance as an agricul-
tural State, and the unexampled facilities afforded for every de-
partment of agricultural education. It attracted respectful
attention from eminent friends of agriculture in the Eastern
States. Our greatest men had already urged the consecration of
our public lands to the education of the people. Europe had
moved in the establishment of agricultural and mechanical
schools, Congress had given those liberal endowments to " higher
seminaries of learning" in the younger States, on which the
noble Universities of Michigan, Wisconsin, Iowa and others, are
founded. But nothing was done to elevate our industries through
education until July, 1862, when Congress, under the sound of
hostile cannon, " legislated into being, the great comprehensive
system of industrial and scientific education," a system which
was to give dignity to labor, and " knit into its very core" practi-
cal with theoretical knowledge of all the sciences and arts bearing
upon agriculture and mechanic arts. The measure had met with
violent opposition from "optimists, pessimists, sham economists,
hold-backs and do-nothings." Buchanan had killed it once with
a veto, but at last our statesmen carried it through, and Morrill's
bill, with Abraham Lincoln's signature, became one of the sig-
nificant facts of our national history.

Colleges crowded forward to avail themselves of the grant.
Denominational schools of all stripes and colors insisted upon
dividing and sharing in its benefits. Twenty different institutions
presented their claims to it in the New York Legislature alone.
There was great danger that the benefits of the grant would be
lost between the army of speculators in public lands and the


army of obstructionists to the educational ideas it embodied, a
danger not yet averted. Reckless waste and gross violation of
public trust had in many states attended the administration of
the seminary lands. It was feared that this would prove true
of the Agricultural College grant also. In every Western State
a handful of men stood between these two fires, under every
conceivable form of secret opposition and open hostility, to hold
this precious legacy inviolate ; and that they have so far suc-
ceeded is due to the fact that they appealed directly to the com-
mon sense of the people, who do not need the aid of lawyers to
interpret its plain provisions.

The first section of the Act of Congress (approved July 22,
1862) " donating public lands to the several States and Terri-
tories which may provide colleges for the benefit of agriculture
and the mechanic arts," provides that a quantity of land equal
to 30,000 acres for each Senator and Representative of the State
in Congress be given for the purpose named. Section 2 prescribes
how the land shall be apportioned, located and sold. Section 3,
that all expenses shall be paid by the States to which the lands
belong. Section 4 provides :

That all moneys derived from the sale of the lands aforesaid by the States to
which the lands are apportioned, and from the sales of land scrip hereinbefore
provided for, shall be fnvested in stocks of the United States, or of the States, or
some other safe stocks, yielding not less than five per centum upon the par value
of said stocks ; and that the moneys so invested shall constitute a perpetual
fund, the capital of which shall remain forever undiminished (except so far as
may be provided in Section 5 of this Act), and the interest of which shall be
inviolably appropriated, 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 agriculture and the mechanic arts, in such manner as the Legislatums
of the States may respectively prescribe, in order to promote the liberal and prac-
tical education of the industrial classes in several pursuits and professions in life.


The share of California in this national gift was 150,000
acres of land. On her admission into the Union California re-
ceived seventy-two sections of land, which were her portion of
the fund for higher seminaries of learning already alluded to,
and had appropriated them to the endowment and support of a

By act of the Legislature, March 31, 1866, an Agricultural,
Mining and Mechanical Art College, with a Board of Directors,
was established. It never went into operation. The Act was
repealed by the Act organizing the Universitv, which became a
law March 23, 1868.


The question of location was an important one. The Com-
mittee to whom this was referred finally decided against Napa,
San Jose and other desirable points in favor of Almeda county
and the neighborhood of Oakland. The final choice of a site
was afterward determined by the action of the College of Cali-

The question arose here, as it had elsewhere : " Shall we have
an independent Agricultural and Mechanical College, or make
such colleges, with that of Mining, parts of a comprehensive
plan ?" There appears to have been no one in California at that
time to sound a warning note against the dangers of subversion,
which had already appeared in older States ; and though there
were many enthusiastic friends of " University education " ready
to bear a hand in the building of the young University, there
were none to emphasize the practical features.


The organization of an Agricultural College therefore became
incidental to a more comprehensive plan, instead of a leading
object, in the very foundation. Still, the organic Act creating
the University was sufficiently plain in its provisions, had they
been carried out in good faith.



It provides [see Section 4,] 'that the College of Agriculture
shall be first established ; but in selecting the professors and in-
structors for the said College of Agriculture the Regents shall, so
far as in their power, select persons possessing such requirements
in their several vocations as will enable them to discharge the
duties of professors in the several colleges of mechanic arts, of
mines and of civil engineering. . As soon as practicable a system
of moderate manual labor shall be established in connection with
the Agricultural College and upon its agricultural and ornamen-
tal grounds, having for its object practical education in agriculture,
landscape gardening, the health of the students, and to afford
them an opportunity by their earnings of defraying a portion of
the expenses of their education. These advantages shall be open,
in the first instance, to students in the College of Agriculture
who shall be entitled to a prefernece in that behalf."


Section 5 "provides that the College of Mechanic Arts shall next
be established, etc., and that the said Board of Regents shall
always bear in mind that the College of Agriculture and the Col-
lege of Mechanic Arts are an especial object of their care and


superintendence, and that they shall be considered and treated as
entitled, primarily, to the use of the funds donated for their
establishment and maintenance " by the said Act of Congress.


Section 6 provides that the College of Mines and the College
of civil Engineering shall be next established, etc.

Section 7 " provides that the College of Letters shall be co-
existent with the aforesaid College of Arts. But the provisions
regarding the order in which the said colleges shall be organized
shall not be construed as directing or permitting the organization
of any of the specified colleges to be unnecessarily delayed, but
only as indicating the order in which the colleges shall be or-
ganized, beginning with the College of Agriculture and adding
in succession to the body of instructors in that and the other
colleges such other instructors as may be necessary to organize
the other colleges successively in the order above indicated."


Section 15 " provides that a competent person, who is a practi-
cal agriculturits by profession, competent to superintend the work-
ing of the agricultural farm, and of sufficient scientific acquire-
ments to discharge the duties of Secretary of the Board of
Regents as prescribed in this Act, shall be chosen by said Board
as their Secrteary. The Board of Regents may also appoint a
Treasurer of the University and prescribe the form and surie-
ties of his bond as such, which shall be executed, approved by
them and filed with the Secretary before any such Treasurer
shall go into office. The Secretary and Treasurer shall be sub-
ject to summary removal by the Board of Regents."

Section 16 requires the Secretary to reside at and keep his
office at the University, for important reasons thereinafter enum-


I feel justified in saying that the position of the Agricultural
College is not due to a defective plan of organization, as far as
its educational features are concerned. Its defects lie in the ex-
traordinary powers conferred upon the Governor and Board of
Regents — powers which, both in the original form and under
the skillful later manipulation of the Code Examiner, Regent
Dwindle, leaves the property of the University in their hands,
to be " managed, invested, reinvested, sold, transferred, and in
all respects managed, and the proceeds thereof used, bestowed,
invested and reinvested by the said Board of Regents," (see
Section 12 of the organic Act), while (see Section 11 do.) " no


member of the Board of regents or of the University (perhaps this
refers to the Treasurer) shall be deemed a public officer by vir-
tue of such membership, or required to take any oath of office,
but his employment as such shall be held and deemed to be ex-
clusively a private trust." We have thus far presented the
anomaly of an institution created by a public fund, endowed
from the public treasury, supported by public taxation, four of
whose administrators hold their positions only as State officers,
which is to all intents and purposes a private institution, beyond
the reach of penalties, of the press, or of public ensure for
malfeasancein office.

The amended Codes provide that " the Regents may invest
any of the permanent funds of the University which are now or
may hereafter be in their custody in productive unincumbered
real estate m this State " (see section 1415 of Poltical Code of
California), and that if the terms of any grant, gift, devise or
bequest are impracticable in the conditions imposed, such grant,
gift, devise or bequest shall not thereby fail, but such conditions
may be rejected, and the " intent of the donor carried out as
near as may be," etc. These large privileges have been exercis-
ed as freely as they were conferred. The grant of Congress to
"provide colleges for the benefit of agriculture and mechanic
arts," they tell us, was "really granted for the encouragement
of all branches of modern scientific instruction, and was so con-
strued in the application of it to the University of California."


The history of the Credit Mobilier and of every great fraud
committed upon the public under the sanction of law shows that
the first steps of the fraud have been to obtain the necessary
legislation. In all the shifting scenery of the play the conspicu-
ous figures remain the same.

Regents Stebbins, Dwinelle and Haight, of the present advisory
Committee, have been from the beginning principally responsible
for the legal provisions which enable them to degrade the Facul-
ty and manage the institution in the interest of capitalists
rather than the people.

They put their own construction upon the terms and require-
ments of the grant in respect to sales and investments, the}' also
construed the provisions of the organic Act with regard to a Sec-
retary to be impracticable, and for five years no attempt was
made to comply with them.

Seven members constitute a quorum. The Advisory Commit-
tee (five) will always be a majority, and the President is now
entitled to a vote. It is easy to see, therefore, how a large body


of twenty-thvee members may be controlled and managed by
skillful combinations.


Before and after the formal organization of the University
overtures were made to the College of California, already in suc-
cessful operation in Oakland, with an able faculty and fully
organized classes, to effect its disorganization and the transfer of
its classes, buildings, lands, liabilities and assets to the new in-
stitution, in which a " College of Letters " might be co-existent
though it could not take precedence. Its property was estimated
to be worth $80,000. (See Statement of Regents.)

Its founder, Henry Durant, was the pioneer of the higher edu-
cation on this coast ; it is expected that through him the whole
history of the relations of the College of California to the Uni-
versity will yet be made public. It is sufficient to say in this
connection, that when the transfer was legally effected, on the
condition of the uninterrupted continuance of its classes, there
was no recognition of the eminent services of Mr. Durant to
education in the formation of the new Board ; nor was the
intent of the donors carried out according to their understanding;
of what was practicable or " in good faith " toward themselves
or the people of the State. Among these Trustees were some of
the best educated men in the community, with a large experience
and knowledge of the peculiar industrial conditions of the coast,
such as Sherman Day, Henry Durant and others. Into whose
hands was the execution of this great, though "private trust,'''
committed ? A careful reading of the organic Act will show
that nearly all the responsibility was thrown upon the Governor.
(See Section 11.) Besides the six ex-officio members, there
were eight appointed members "to b? nominated by the Gover-
nor by and with the consent of the Senate," and the remaining
eight members were to be " chosen from the body of the State,"
by the official and appointed members, to hold their office for
the term of sixteen years, according to classification. All vacan-
cies were to be filled by appointments of the Governor. If 1
am rightly informed, Governor Haight, did not make any ap-
pointments until after the adjournment of the Legislature, thus
dispensing with confirmations. He then chose Samuel Merritt,
John T. Doyle, Richard P. Hammond, John W. Dwindle,
Horatio Stebbins, Lawrence Archer, William Watt and Samuel
B. McKee.

The first meeting was held on the 19th of June, 1868, when
these appointed Regents proceeded to elect " from the body of
the State " Isaac Friedlander, Edward Tompkins, J. Mora Moss,


S. F. Butterworth, A. J. Moulder, A. J. Bowie, Frederick F.
Low and John B. Felton. Not a single representative of the
agricultural or mechanical classes appear among these names.


The first business which engaged the attention of the now
complete Board was the disposition of the lands. This was put
into the hands of a Committee, of which Friedlander was Chair-
man. Not long afterward Regent Freidlander resigned, and
another eminent friend of agriculture from the body of the
State, but from the City of San Francisco. — Louis Sachs, was
appointed in his place. On the 2d of March, 1869, the Board
received a proposition " from a responsible party to purchase
the entire grant of 150,000 acres for $3.50 per acre in gold."

This party was no other than the ex-Regent and Chairman
of the Land Committee, Mr. Friedlander. This proposition was
declined. An Act had just been passed through Congress con-
ferring exceptional privileges upon the State of California in the
matter of locating its lands. (See statements of Regents before
Joint Committee of the Legislature, pages 26 and 27.)

The Board had full powers under the Organic Act to " locate
and sell such lands for such price and on such terms as they
shall prescribe." (See Section 20 of Organic Act).

These specialties of land location are better known to the
Regents and purchasers than to the public or to myself.

The appointment of Mr. Moulder as Secretary (his place as Re-
gent being filled by John S. Hager), was an evasion of the most
explicit requirements of the organic Act, defining the qualifica-
tions and duties of that office. (So far from saying this with
any unkindness to Mr. Moulder, I take pleasure in testifying to
the uniform kindness which has marked his relations to the
Faculty of the University). The appointment of Mr. Ralston
as Treasurer, who became also a Regent on the resignation of
Governor Low, and of General George B. McClellan as Presi-
dent, belongs to this period of the history of the Agricultural

Four Professors were soon after appointed in accordance with
section Three of the Organic Act, viz : Professor John Le Conte
of the University of South Carolina, to the chair of Physics
and Industrial Mechanics ; Professor Joseph Le Conte of the
same, to the chair of Geology, Natural History and Botany ;
Professor R. A. Fisher of Grass Valley, to the chair of Chemis-
try, Mining and Metallurgy ; Professor Martin Kellogg of the
College of California, to the chair of Ancient Languages. Gen-
eral McClellan having declined the Presidency, to the regret of


many ardent friends of the University, Professor John Le Conte
was called by telegraph to assist in the organization. He arrived
in May, and in July following four additional professors and
two instructors were elected, among these Ezra S. Carr, as Pro-
fessor of Agriculture, Agricultural Chemistry and Horticulture.
In my letter to the Board accepting the appointment, 1 defined
my position and understanding of its duties, in the following
words, " my best efforts will be devoted to develope, and elevate
the Agricultural pursuits of the State to the rank of the learned
professions, and to make the University the exponent of the
industries, learning and intelligence of the age.
Believing that the Agricultural are and ever will be the leading
interests of the State, I doubt not the Board will afford every
reasonable facility in teaching the public not only through the
class-room, but through every avenue of approach."

Nothing could have been more complimentary than the terms
in which my appointment was communicated to me.

The Board publicly stated that they " had been exceedingly
fortunate in the selection of these gentlemen, all of them being
eminent in their several departments and some of them having
achieved a national reputation." Twenty thousand dollars was

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Online LibraryEzra S. (Ezra Slocum) CarrThe University of California and its relations to industrial education : as shown by Prof. Carr's reply to the grangers and mechanics; Prof. Swinton's testimony before the Legislature; the new education, by Columella; memorial to the Legislature by joint committee of the state grange and mechanics → online text (page 1 of 13)