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Harry Yandell Benedict.

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revenue $35,500 *$35,500

For repairs out of general revenue, to be ex-
pended in two years 3,000

In addition to the above revenue, the Board of Regents shall
charge each student in medicine and pharmacy the matriculation
fee of not less than $50 per year, payable in advance, also a fee of
five dollars annually, payable in advance, for each laboratory at-
tended, to cover the cost of material used; the proceeds of the
above fees shall also be appropriated and supplemented to any of
the above named items for the maintenance and support of the
said medical branch of the University, and expended in any man-
ner the Board of Regents may deem for the best interest of the
medical college.

Agricultural and Mechanical College

For the support and maintenance of the Agricul-
tural and Mechanical College, out of the Gen-
eral revenue $19,500, and out of the available
university fund, each year, $500 $20,000 $20,000

[The appropriations for the A. & M. College are subject to the same
proviso as in Ch. 9S. General Laws, Twenty-third Legislature. Regular

Session.] ,

To pay for surveying lands set apart for branch Uni-
versity of colored people, or so much thereof as may

be necessary 1,600.00

Approved, June 18, 1897.

TWENTY-SIXTH LEGISLATURE, REGULAR SESSION,
JANUARY 10, TO MAY 27, 1899

MESSAGE OF GOVERNOR C. A. CULBERSON
January 12, 1899; H. J., p. 21, 27; S. J., p. 18, 24

PUBLIC EDUCATION AND EDUCATIONAL INSTITUTIONS

.... The University is advancing toward its ultimate
place as the educational glory of the State. Here the student pop-
ulation, including the Medical Branch, grew from 539 in 1894 to

'Enrolled bill shows $38,500.



A Source Book of the University of Texas 411

800 in 1898. The east wing of the main edifice has been con-
structed at an expenditure of $50,000 and adds much to the struc-
ture. Better than this, better than additional students or material
growth for the present, is the solid foundation upon which its
character is building and the forces of culture and scholarship with
which its faculty is generally being formed.

FORMATION OF EDUCATIONAL AND CHARITABLE BOARDS

The educational and charitable institutions are directed by
boards of regents, managers or trustees. The Board of Regents
of the University is composed of eight members whose term is
eight years. The terms of two of them expire every two years and
at each regular session of the Legislature. The Board of Trus-
tees of the Agricultural and Mechanical College, under a recent
opinion of the Attorney-General, is composed of six members whose
term is two years. The respective Boards of Managers of the two
Deaf and Dumb Asylums, the Blind Institute, and the three In-
sane Asylums, are composed of five members each, with a term of
two years, and the Board of Trustees of the Orphans Home is com-
posed of three members whose term is two years. These institu-
tions are purely educational or benevolent. They are not charged
with the execution of any governmental measures, and conse-
quently it is not 'material, upon grounds of civic theory, that they
should be in political accord with any State administration. For
still stronger reasons it is not essential to the success of any ad-
ministrative policy that they should be in personal agreement with
the central government. Considered solely from the narrow and
political view that each administration is entitled to accord and
agreement from these institutions, in order to give its policies fair
trial, it seems plain that under normal conditions this is neither
vital nor indispensable. In the broader and more impersonal
sense of non-partisanship, in education and charity, the question
is not debatable. It is unnecessary to review causes and condi-
tions under which in some degree a contrary policy has grown up.
It is enough to say, assuming my share of responsibility for the
situation, that it is better for these institutions, now in their for-
mative and evolutionary stage, that they be entirely divorced
from personal and partisan politics. This is the situation already
with the University, and the other institutions named should be
organized similarly. Each of the Boards should consist of eight
members, to be appointed by the Governor with the advice and
consent of the Senate. They should be divided into classes num-
bered one, two, three and four, as determined by each Board at
the first meeting, to hold for two, four, six and eight years re-
spectively, so that two will be thereafter appointed every two



Hi' University of Texas Bulletin

years, and the term of each to be eight years. If the members of
the Boards are paid actual expenses only, receiving no salary or
compensation, they will not be officers within the meaning of Sec-
tion 30, Article XVI, of the Constitution, which limits the tenure
to two years. By organizing the Boards in this manner three im-
portant objects will be attained, (1) they will be independent and
therefore removed from personal politics, (2) a majority of expe-
rienced members will always be on the Boards and (3) it will con-
duce to stability and fixed policies in the management of the in-
stitutions."

PROCEEDINGS IN THE LEGISLATURE

H. B. Ill — By Mr. Henderson of Lamar.

General appropriation bill.

Became a law. H. J., p. 1504; S. J., p. 1095.
H. B. 495 — By Mr. Decker.

To validate and quiet certain land titles.

Became law. H. J., p. 1517; S. J., p. 1101.
H. B. 620 — By Mr. Wooten.

To give the Regents absolute and exclusive management and
control of the mineral lands of the University.

Favorably reported; died. H. J., p. 1521.
H. C. R. 26 — By Mr. Terrell.

To establish a University for the colored race.

Approved by Governor. H. J., p. 1529; S. J., p. 1105.
H. C. R. 53 — By Mr. Henderson of Lamar.

To provide for a joint committee to attend the annual exams of
the University and its branches as provided by law.

Killed in Senate. Committee approved. H. J., p. 1530; S. J.,
1105.

February 6, 1899; H. J., pp. 263-313

The Eighth Annual Report of the Regents of the University of
Texas, printed in full.

March 14, 1899; H. J., p. 747

Mr. Pitts offered the following resolution:

Whereas, It is currently reported and charged that on one of
the books adopted by the School Board a royalty of ten per cent.
is paid by D. C. Heath and Company of Boston, and of that three
and one-third is paid to Mr. Sutton, three and one-third to Mr.
Kimbrough, and three and one-third to unknown parties; there-
fore, be it

Resolved, That the School Board be requested to report to the
Speaker of this House who receives the other three and one-third



A Source Book of the University of Texas i 1 : •

per cent, and that this information be imparted to this House to-
morrow at 10 o'clock a. m.

Resolution read and referred to Committee on Education.
S. B. 81 — By Mr. Linn.

To legalize dissections of unclaimed bodies through a medical
board.

Vetoed. S. J., p. 1134; H. J., p. 1560.
S. B. 82 — By Mr. Morris.

To regulate the registering of medical diplomas, and to regu-
late issuance of certificates to practice medicine in State.

Read second time. S. J., p. 1138.
S. B. 114 — By Mr. Wayland.

An Act to amend Article 3862, etc., relating to the government
of the A. and M. College of Texas.

Died in House. S. J., p. 1147; H. J., p. 1561.
S. B. 189 — By Mr. Dibrell.

To give the Regents the absolute and exclusive management and
control of the mineral lands of the Uievritsy.

Died in House. S. J., p. 1126; H. J. ; p. 1562.
S. B. 236 — By Mr. Turney.

To validate and quiet title to public free school, University, and
asylum lands, sold prior to January 1, 1899, to provide for pat-
ents and to prescribe limitation for bringing suits for the recovery
of such lands.

Not acted on. S. J., p. 1146.
S. B. 278 — By Mr. Turney.

To preserve better all personal property belonging to the State or
in which it has an interest.

Became a law. S. J. p. 1146; H. J. p. 1564.

GENERAL LAWS

H. B. 495; Ch. 150, p. 259; G. 11, p. 295

An Act to validate and quiet titles to public free school, Univer-
sity and asylum lands prior to January 1, 1899; to provide for
patents, and to prescribe limitation for bringing suits for the
recovery of such land.

Section 1. Be it enacted by the Legislature of the State of Texas:
That any applicant who has, prior to the first day of January,
1899, made application to purchase public free school, University
or asylum lands, and within six months after the date of such ap-
plication to purchase made actual settlement and first payment
thereon and executed his obligation for the balance of the purchase
money, and the said land has been awarded to such applicant by
the Commissioner of the General Land Office, under the several
acts of the Legislature relating to the sale of such lands, and the



II ! University of Texas Bulletin

said award and the account as to interest payments on such lands
Is in good standing, such award and sale is hereby validated, and
the Commissioner of the General Land Office shall issue to such
purchaser, his heirs and assigns, patent thereto, upon the pay-
ment of the purchase money, both principal and interest, together
•with patent fees, and upon satisfactory proof that all taxes have
been paid upon such land, and that such land has been occupied
for three years by said applicant or his vendee, after the date of
his application; provided, that the provisions of this act shall not
in any manner disturb the vested rights of those claiming an ad-
Terse claim or title by reason of settlement and application to pur-
chase as against the purchaser to whom the same was awarded by
the Commissioner of the General Land Office; and provided, fur-
ther, that all persons claiming, by reason of settlement and appli-
cation, to purchase an adverse title or rights to such land as
against the purchaser to whom the same is awarded by the Com-
missioner of the General Land Office shall begin his suit to recover
such land within six months after this act takes effect and not
thereafter.

Approved May 27, 1899.

F. C. C. S. B. for S. H. B. No. Ill; Ch. 156, p. 271-275; G. 11, p.

310-311

An Act making appropriations for the support of the State gov-
ernment for the two years beginning March 1, 1899, and ending
February 28, 1901, and for other purposes.

STATE UNIVERSITY

For the support and maintenance of the Univer-
sity of Texas, including such repairs and im-
provements and extension as the Board of Re-
gents may deem necessary, all the available
fund, including under this head the interest
from its land notes, from its bonds, the income
from its leases, and the fees from its students,
to be under the control of the Board of Regents,
less the appropriation made for the Agricultural
and Mechanical College; all yearly fees col-
lected from the students in the academic de-
partment, to be fixed by the regents at $10
per annum for three years only, with such lab-
oratory fees as the regents shall fix, and $30
admission fee from each student in the law
department, to be paid but once.



A Source Book of tin University of Texas 415

To supplement the available fund for the sup-
port and maintenance of the Main University,
from the general revenue $40,000 $40,000

MEDICAL DEPARTMENT, GALVESTON*

Fees from students, and from general revenue. . $35, 000*$35, 000*

[♦Engrossed bill has $35,500 $35,500.]
To be a charge against the appropriations above made out of the
general revenue, the Board of Regents shall charge each student
In medicine and pharmacy a matriculation fee of not less than
$30.00, payable annually, in advance, also a fee of $5.00 annually,
In advance, for each laboratory attended to cover the costs of ma-
terial used; the proceeds of the above fees shall be charged
against the appropriations made for the payment of salaries of
professors and employes and for current expenses, and the aggre-
gate amount appropriated for such purposes shall be drawn, less
the amount of the fees received and here appropriated.

AGRICULTURAL AND MECHANICAL COLLEGE

Out of the University Fund $ 500 $ 500

[The appropriations for the A. & M. College are subject to the same
proviso as in Oh. 98. General Laws, 23rd Leg., Regular Session.]
Approved May 27, 1899.

S. B. No. 278. Ch. 171, pp. 307'-309; G. 11, pp. 343-346

An Act for the better preservation of all the personal property be-
longing to the State of Texas, or in which it has an interest, or
of any of the departments, or of any of the institutions, asylums,
penitentiaries, farms or personal property of whatsoever descrip-
tion, or wherever situated, belonging to this State, or in which
it has an interest; and to provide for the making of lists and in-
ventories of all said property and the copying of the same, and
the registration thereof; and to prescribe the doities of officers
and persons having said property under their control, and to fix
the liability of such persons and officers; and to provide a pen-
alty for the failure to comply with this act; and to fix the venue
for suits and prosecutions for a violation of any of its provi-
sions.
Be it enated by the Legislature of the State of Texas:

Section 1. That en and after the taking effect of this art, it
shall be the duty of every official or other person, who lias in his
possession or under his control, or for which he is in anywise re-
sponsible, any personal property belonging to the Stat, of Texas, or
in which it has an interest, to immediately make out in triplicate



416 University of Texas Bulletin

a correcl and full list and inventory of all such personal property
which is or was in his possession when he assumed charge of such
office or position, or had under his control, or for which he is in any
way responsible, and which inventory shall contain the name of the
article or articles of such personal property, the cost thereof, a fair
and reasonable estimate of the present value thereof, a statement
of the present condition of the same, how long said property has
been in use, and the extent of the probable service, use and benefit
that such property will be to the State in future; and if sold during
his term of office, or while in his possession, or under his control,
he shall state the selling price thereof; and the disposition of the
proceeds.

Sec. 2. A copy of said list and inventory duly sworn to, shall be
by such person charged with keeping said property, or who
has the same under his control, management, or who is re-
sponsible for the same, transmitted by him by registered letter to
the Secretary of State at Austin, Texas, whose duty it shall be to
enter such list and inventory on a book to be kept by him for the
purpose under its appropriate heading, and said Secretary of State
is hereby authorized to purchase such book or books as shall be
necessary to record all such lists and inventories so made to him,
and he shall be responsible for the correct entry of all said articles
in such books or books, and shall be responsible for the safe keep-
ing of the original sworn report from each of the persons named in
this act, including the Governor of this State, Comptroller of Public
Accounts, Treasurer, Attorney-General, Adjutant General, Commis-
sioner of Insurance, Statistics and History, Superintendent of Public
Buildings and Grounds, the Commissioner of the General Land
Office, Chief Justice of the Supreme Court, Court of Criminal Ap-
peals, and the several Courts of Civil Appeals, and the clerks there-.
of, the managers of each and every asylum in the State of Texas,
superintendents and assistant superintendents of the penitentiaries
and reformatories, superintendents and managers of the University,
and the several branches thereof, Normal Schools, all the officers
and employes of either branch of the Legislature having personal
property belonging to the State in their possession, and each and
every other person holding any personal property in trust for the
State of Texas, or having the same under his control, or in his pos-
session, and each and every other person holding any personal pro-
perty in trust for the State of Texas, or for which he is in any wise
responsible, all of whom are included in this act and subject to
its provisions. A duplicate of said list and inventory, so sent to the
Secretary of State, shall be forwarded to the Comptroller of Public
Accounts, who shall carefully preserve the same in his office, and
it is made the duty of the person so making out the list to retain in



.1 Sourc< Book of tin University of Texas 417

his possession for his successor in office a true copy thereof, and
whose duty it shall be to deliver same to such successor within
three day after his qualification and assuming charge of such posi-
tion, office or agency.

Sec. 3. Upon qualification at the beginning of the terms of office
of any of the persons named herein after the next general election
and after each succeeding general election, and within thirty days
after taking charge of any personal property as herein named, it
shall likewise be his duty to make said report as herein required
of the officers now holding any of said positions, and to forward
same to the officers herein named, who shall receive them and who
ehall continue to keep the registration of said reports, lists and in-
ventories, as herein required of the Secretary of State, under the
foregoing section hereof, and who shall, when said lists ar.
ceived, make comparisons with former reports and note all articles
of property not included in former lists or which were included in for-
mer lists, but are not in the list last filed, and shall designate all
such articles which are either dropped from or added to those of
former lists and inventories.

Sec. 4. Every person herein named or referred to, in charge ol
any public institution of Texas, or having under his control any per-
sonal property belonging to the State of Texas, is hereby made re-
sponsible for the same and the full value thereof; and all persons
hereafter coming into any of the offices or positions herein enumer-
ated shall at once become and shall remain responsible for the pre-
servation and safe keeping of all personal property herein named
or referred to, whether such persons be under official bonds or
not, and all official bonds made by any of the persons herein named
or referred to, shall be intended as security to the State of Texas
for the full value of all such personal property in any such institu-
tion or department, or otherwise belonging to the State over which
such person is in control, or for which he is by this act made re-
sponsible.

Sec. 5. Hereafter, when any of the officers named in this act, or
who are hereby referred to and required to take chage of anj of
the properties of the State, shall take charge of same, they shall
require their predecessors in such positions, whose duty it is hereby
made to furnish same, to make out for them a full list and inventory
as above mentioned, of all properties in their possession or under their
control and management, or for which they are in any wise respon-
sible, belonging to the State of Texas, and such outgoing and In-
coming officers shall together check up said list and inventory ami
ascertain that the same and each article in said list named is then
on hand or duly accounted for. Said incoming officer shall give his
receipt to his said predecessor in office for all of such property before



H8 University of Texas Bulletin

he shall be entitled to possession of same, and said receipt shall be
by him delivered to said Secretary of State for registration in his
office, and a copy of the same shall be likewise delivered to the
Comptroller of Public Accounts for preservation in his office.

Si i . 6. Should any of the officers, persons, or employes named in
this act fail to make out said list and inventory, or fail to perform
any of the duties herein required of him, he shall become immediate-
ly responsible to the State of Texas for the value of any and all
articles of furniture, implements, goods, wares, merchandise, live
slock and all other personal property which has come into his
hands or for which he may be responsible, and be subject to suit in
the name of the State of Texas for the value of the same, and
should be fail to do or perform any of the acts and things required
of him by this act, he shall be deemed guilty of a misdemeanor, and
upon conviction, shall be fined in a sum not less than one hundred
nor more than five hundred dollars; and for each thirty days that
he fails to comply with the provisions of this act in any respect
shall be considered a separate offense. The jurisdiction of all suits
or prosecutions under this act shall be either in the county court of
Travis, or in the county where such officer shall reside at the time
of the institution of said suit or prosecution, or where such property
may be situated.

Sec. 7. This act is not intended to repeal any law now in force
for the preservation and protection of any State property, but is
cumulative thereof, and all said laws are hereby kept in full force
and effect where the same do not specifically conflict with this act.

Approved June 5, 1S99.

H. C. R. 26; p. 336; G. 11, p. 372

Whereas, the People of Texas are pledged by constitutional pro-
vision to establish a University for the colored race whenever it is
practicable; and,

Whereas, The democratic party has acknowledged the necessity
for said university through its platform adopted at Fort Worth,
189 6; and,

Whereas, the democratic party in the Twenty-fifth Legislature
carried out in good faith the demands of said Fort Worth plat-
form by appropriating and setting apart one hundred thousand
acres of the public domain for the establishment of said university
for the colored race; and

Whereas, The Supreme Court of Texas has nullified the action
of the Legislature setting apart said lands by its decision in de-
claring that Texas has no public domain unappropriated; and



A Source Book of the University of Texas 419

Whereas, The democratic party made this demand in good faith
in appropriating and setting apart said land, and the Twenty-fifth
Legislature acted in good faith by setting apart and appropriating
said land; and

Whereas, The Legislature is prohibited by the Constitution (Arti-
cle 7, Section 14), from levying any tax or making any appropriation
of the general revenues to establish said university; therefore, be it

Resolved by the House of Representatives, the Senate concurring,
that it is the duty of the State, as well as the expressed will of the
democratic party, to faithfully carry out this obligation, which was
voluntarily taken by our party, in convention assembled.

Resolved, further, That so soon as the commission appointed to
investigate and ascertain the exact status of the public domain
and of the public free school lands of Texas shall make report to
the Governor the amount of said land still belonging to the
State, that steps shall be taken to establish said university for the
colored race, either by appropriating public domain, if there is any
public domain, or by appropriating lands regained to the State
from railway corporations that have refused to comply with their
charter grants or to obey the laws of Texas.

Approved June 5, 1889.

TWENTY-SIXTH LEGISLATURE, CALLED SESSION,
JANUARY 23, TO FEBRUARY 21, 1900

MESSAGE OF GOVERNOR J. D. SAYERS
February 7, 1900; H. J., p. 90: S. J., p. 01

The following subjects are submitted to the Legislature for its
consideration ....

Second: To fix the tenure of office for the members of the
Board of Regents for the State University and of the Board of
Directors of the A. and M. College.

PROCEEDINGS IN THE LEGISLATURE

February 9, 1900; H. J., p. 121

Mr. Henderson of Lamar offered the following resolution:
Whereas, A recent decision of the Supreme Court of Texas has
called in question the constitutional and legal status of the Board
of Regents of the University of Texas, and brings directly to the
attention of this Legislature and the people at large the present
administration of the said institution under the existing methods
of appointing said Board of Regents; and

Whereas, It is desirable that the administration of the Univer-
sity of the State should be brought into close and sympathetic



420 University of Texas Bulletin

contact with the great mass of people whose institution it is, and
upon whom it depends for its /patronage and support, in order that
its affairs shall be conducted in the interest of the whole popu-



Online LibraryHarry Yandell BenedictA source book relating to the history of the University of Texas: legislative, legal, bibliographical, and statistical → online text (page 45 of 89)