Copyright
Harry Yandell Benedict.

A source book relating to the history of the University of Texas: legislative, legal, bibliographical, and statistical online

. (page 55 of 89)
Online LibraryHarry Yandell BenedictA source book relating to the history of the University of Texas: legislative, legal, bibliographical, and statistical → online text (page 55 of 89)
Font size
QR-code for this ebook


Constitution, adding thereto Section 3b, authorizing the commission-
ers court to create a 'Students' Loan Fund.' "

Sec. 5. That $5000.00, or as much thereof as may be necessary.
be, and the same is hereby appropriated out of any money in the
Treasury not otherwise appropriated, to defray the expenses of ad-
vertising and holding the election provided for above.

Passed Senate, 21 to 6, House 100 to 21.

Approved March 30, 1915.

[At the election held July 24, 1915, six proposed constitutional amend-
ments were voted upon: Section 52. Article 3; Section 2, Article 5; Section
2, Article 6; Section 3b, Article 7; Sections 10 to 15, Article 7; Section 9,
Article S. Each amendment was overwhelmingly defeated, — Section 3,
Article 7, by a vote of 27,529 to 102,627. Election Register, 1914, office of
Secretary of State.]



A Source Book of the I ty of Texas 513

H. J. R. 34; pp. 291-204

A Joint Resolution proposing an amendment to Article 7, Sec-
tions 10, 11, 12, 13, 14 and 15 of the Constitution of the State of
Texas, providing for the establishment and separate maintenance
of the University of Texas and fixing its permanent location in
Travis County; providing for the permanent location of the medi-
cal branch of the University of Texas in Galveston County; pro-
viding for the establishment and separate maintenance of
Agricultural and Mechanical College of Texas as an independent
college, and providing for its permanent location in Brazos
County; providing for the establishment and maintenance of
College of Industrial Arts and fixing its permanent location in
Denton County; authorizing the establishment of junior agri-
cultural colleges subsidiary to and under the government of
Agricultural and Mechanical College board; establishing the
Prairie View State Normal and Industrial College, and declaring
it a branch of the Agricultural and Mechanical College, and fixing
its permanent location at Prairie View, in Waller County; making
an equitable division of the State permanent endowment fund
between the University of Texas, the Agricultural and Mechanical
College of Texas; making an appropriation to defray the expenses
of advertising the Governor's proclamation and submitting same
to a vote of the people.

Section 1. That Sections 10, 11, 12, 13, 14, and 15, Article 7. of
the Constitution of Texas, be amended so as to hereafter read as
follows:

Section 10. The University of Texas is hereby established and
permanently located in Travis County, and shall be a university of
the first class. The Legislature shall provide for its organization
and for its development, maintenance and permanent improvement,
shall make by appropriation and otherwise such provision as may
be neccessary for the promotion of literature and the arts :md
sciences, pure and applied, in a university of the first class. The
affairs of the University of Texas shall be administered by its own
governing board as provided by law. The present members of the
board shall continue in office until the expiration of their respec-
tive terms. The location herein made of the University of T
shall in no way affect the location of the medical branch thereof
situated in Galveston County.

Sec. 11. All lands and other property granted by the Republic
or State of Texas to the University of Texas, or to the I
of Texas and its branches, except the lands transferred b>
tion 13 of this article to the Agricultural and Mechanical College
of Texas and to the Prairie View State Normal and Industrial Col-
lege, shall, together with the proceeds of the sale of such lands, con-

33 — 227



514 University of Texas Bulletin

stitute the permanent University fund. All the income derived
tlinvfrom shall be the available fund, and shall be applied to the
support and development of the University of Texas and to meet
its obligations. The proceeds from the sale of University lands
shall be invested as authorized by law for the investment of the
permanent school fund. The one-tenth of the alternate sections
of lands granted to railroads, reserved by the State which was set
apart and appropriated to the establishment of the University by an
Act of the Legislature of February 11, 1858, entitled, "An Act to
establish the University of Texas," shall not be included in or con-
stitute a part of the permanent fund.

Sec. 12. The Agricultural and Mechanical College of Texas' is
hereby established and permanently located in Brazos County and
separated from the University of Texas, and constituted an inde-
pendent college. The Legislature shall provide for the organization
of said college and for its development, maintenance and permanent
improvement, shall make by appropriation and otherwise such pro-
vision as may be necessary to accomplish the purpose of said in-
stitution, which, without excluding classical and cultural studies,
shall be to teach and develop those branches of learning which relate
to agricultural and the natural sciences connected therewith, the
various branches of engineering, the mechanical arts and military
sciences and tactics. The affairs of the Agricultural and Mechani-
cal College shall be administered by its own governing board as
provided by law. The present members of the board shall con-
tinue in office until the expiration of their respective terms. The
Prairie View State Normal and Industrial College for Colored
Youths is hereby established, and its government and control shall
continue under the governing board of the Agricultural and Mechani-
cal College of Texas. Provided, the Legislature may establish
junior agricultural colleges subsidiary to the Agricultural and Me-
chanical College and under the control of the Agricultural and
Mechanical College Board.

Sec. 13. Of the land heretofore set apart to the University and
to the University and its branches, by the State of Texas, and re-
maining unsold, there are hereby transferred to and made a part
of the permanent fund of the Agricultural and Mechanical College
of Texas, six hundred thousand acres of land of average value;
there are hereby transferred as a permanent fund to the Prairie
View State Normal and Industrial College one hundred and fifty
thousand acres of land of average value; and all of the remainder
of the said land shall constitute a part of the permanent fund of
the University of Texas. The Legislature shall provide for the
division of the land as specified herein. The land herein set apart
to the University, the Agricultural and Mechanical College of Texas
and the Prairie View State Normal and Industrial College may be



A Source Book of the University of Texas 515

sold under such regulations, at such times and on Buch terms as
may be prescribed by law. The Legislature shall provide for the
prompt collection at maturity of all debts due on account of the sale
of said lands, and in no event shall any relief be granted to any
purchaser.

Sec. 14. All lands and other property heretofore granted or
herein granted to the Agricultural and Mechanical College, to-
gether with the proceeds of the sale of such lands, shall constitute
its permanent fund. All the income derived therefrom shall be the
available fund and shall be applied to the support and development
of the Agricultural and Mechanical College and to meel Its obliga-
tions. The proceeds from the sal-e of the Agricultural and Mechani-
cal College lands shall be invested as authorized by law for the
investment of the permanent school fund.

Sec. 15. The College of Industrial Arts for White Girls, located
at Denton, in Denton County, Texas, is hereby established and recog-
nized as an independent college, and the Legislature shall provide
for its organization, maintenance, development and permanent im-
provement, and shall make, by appropriation and otherwise, such
provision in addition to that heretofore made as may be necessary
for the establishment and maintenance of a first-class college for
the education of white girls in the literary branches, the arts and
sciences and the practical industries of the age. The college shall
have its own governing board, which shall designate the officers
of administration and instruction, and other employes, determine
their salaries, establish departments, subdivisions, libraries, and
laboratories and other agencies of education consistent with the
objects of the college, and perform such other duties as the Legis-
lature may prescribe.

Sec. 2. The Governor of this State is hereby directed to issue
the necessary proclamation and have same published as required by
the Constitution and the laws of this State. The sum of five thou-
sand ($5,000.00) dollars, or so much thereof as may be neces
is hereby appropriated to defray the expenses of publishing said
proclamation and the expenses of submitting this resolution to a
vote of the people.

Sec. 3. The foregoing amendment to Article 7, Se< I, 11.

12, 13, 14 and 15 of the Constitution of the State of Texas, shall
be submitted to the qualified electors of this state for its adoption
or rejection at an election to be held on the fourth Saturday in
July, A. D. 1915, the same being the twenty-fourth day of said
month. All the voters voting on this proposed amendmenl at said
election who favor the adoption shall have printed or written on
their ballots, "For amendment to Article 7 of the Constitution of
the State of Texas, providing for the separation of the University
of the State of Texas and the Agricultural and Mechanical College,



516 University of Texas Bulletin

and an equitable division of the University lands." All voters
voting on this proposed amendment at said election who oppose its
adoption shall have printed or written on their ballots the following.
"Against amendment to Article 7 of the Constitution of the State
of Texas, providing for the separation of the University of Texas
and the Agricultural and Mechanical College and an equitable divi-
sion of the University lands." Previous to the election the Secre-
tary of State shall cause to be printed and forwarded to the County
Judge of each county for use in said election a sufficient number of
ballots for the use of voters in said county, on which shall be printed
the form of ballots herein prescribed for the convenience of the
voters.

[Passed House 105 to 20; Senate 21 to 8. Submitted to the people with-
out. Governor's signature.]

[At the election held July 24, 1915, this proposed amendment was de-
feated by a vote of 81,65S to 50,398. See note to H. J. R. 9. Election
Register, 1914, Office of Secretary of State.]

THIRTY-FOURTH LEGISLATURE, FIRST CALLED SES-
SION, APRIL 29 TO MAY 28, 1915

PROCEEDINGS IN THE LEGISLATURE

H. B. 9 — By Mr. Wagstaff:

Educational appropriation bill.
Presented to Governor. H. J. p. 449. *

May .4, 1915; H. J. p. 27

Mr. Boner offered a resolution calling on the president of the
University to furnish the House with "an itemized list showing
number of hours each professor and instructor is actually engaged
in teaching each week, and number of hours actual work for em-
ployes per week."

Died on a point of order.
S. B. 7 — By Mr. Cowell.

Appropriating $711,682.16 per year for the biennium, together
with $22,225 and $18,150 for the School of Mines.

Became a law. S. J. p. 45 6.

May 5, 1915; S. J. p. 29

Petition of the Farmers' Union of Henderson and Rusk Counties
asking for a complete separation of the A. and M. College from the
University.



A Source Book of the University of Texas 517

GENERAL LAWS

C. S. S. B. 7; Oh. 32, pp. 84-0! >

An Act making appropriations to pay the salaries of officers and
employes of certain educational institutions and other expenses
of maintaining and conducting them as follows, to wit: Uni-
versity of Texas; Agricultural and Mechanical College; State Ex-
periment Station; Prairie View Normal; College of Industrial
Arts for Women; Sam Houston Normal Institute; North Texas
Normal; Southwest Texas Normal SchooL; West Texas Normal
School, and School of Minos at El Paso, and declaring an emer-
gency.

Section 1. That the following sums of money, or so much
thereof as may be necessary, be and the same are hereby appro-
priated to pay the salaries of officers and employes and other ex-
penses necessary for the support and maintenance of certain educa-
tional institutions of the State, as follows, to wit:

The University of Texas.

For the Year Ending
Aug.31, 1916 Aug. 311917
For the maintenance, support, and direc-
tion of the University of Texas, includ-
ing the Medical Department at Galveston,

including the constructions of buildings,

for the years beginning September

1st, 1915, and ending August 31st,

1917, all the available University funds,

including interest from its bonds, land

notes, endowments and donations, all

gifts and fees collected, and all receipts

whatsoever from any source.
For the maintenance, support and direc-
tion of the University of Texas, includ-

the Medical Department at Galveston,

for the two years beginning September

1st, 1915, and ending August 31st, 1917,

from the general revenue, with such

changes and substitutions within the

total of the following items for the

University as the Regents may find

necessary.



518 University of Texas Bulletin

[Fully itemized, with totals as follows:!

Salaries $483,007.50 $483,007.50

Schools and Laboratories:

Main University. . 37,400.00 37,400.00

Medical Department 7,300.00 7,300.00

Current Expenses, Main University

and Medical Department 100,560.00 100,560.00

Bureau of Economic Geology and

Technology 25,100.00 25,100.00

Department of Extension 58,314.66 58,314.66

Grand total $711,682.16 $711,682.16

School of Mines $ 22,225.00 $ 18,150.00

The appropriations herein provided for are to be construed as the
maximum sums to be appropriated to and for the several purposes
named herein, and no expenditures shall be made, nor shall any obli-
gations be incurred which, added to the actual expenditures, will
exceed the amounts herein appropriated for either of the same pur-
poses, except under the provisions provided for in Article 4342, of
Chapter 2, Title 65, of the Revised Civil Statutes of 1911.

Approved June 9, 1915.

[See index to the Ferguson-University Controversy, covering the
period, June 11, 1915 to Sept. 29, 1917.]

THIRTY-FIFTH LEGISLATURE, REGULAR SESSION,
JANUARY 9 TO MARCH 20, 1917

MESSAGE OF GOVERNOR JAMES E. FERGUSON
January 10, 1917; H. J. pp. 20, 21; S. J. pp. 8, 9

ITEMIZED APPROPRIATIONS

There are planks in the platform which I desire to specifically call
to your attention. Plank 5 is as follows:

"We urge upon the Legislature in making appropriations for the
support and maintenance of the various departments and institutions
of our State, to clearly itemize all such appropriations, so that the
people may be fully informed as to the purpose for which any ap-
propriation is made."

This recommendation is absolutely essential. It now costs millions
to run our State government, and if we can not tell the people what
we are going to do with the money and then in good faith do what
we say we are going to do with it, the people w T ill rightfully distrust
us, and as a result some meritorious needs will be denied. If there
are small contingencies that can not be foreseen, provide for them
in a contingent fund, and itemize the main budget.



A Source Book of Hie University of Texas 519

COUNTRY SCHOOLS

Your attention is specially directed to the demand of our party
that the sum of two million dollars ($2,000,000) be appropriated
to aid the country schools. Under the appropriation of one million
dollars made by the Thirty-fourth Legislature about 1450 country
schools have been helped from an average term of four and a half
months to more than a six months term. The appropriation of two
million dollars for the same purpose will enable every country school
in Texas to get much needed relief.

I have been charged with being against higher education. The
charge is untrue and the record will show that it is untrue. As
long as higher education remains democratic and does not Beek any
more rights than is guaranteed to the average citizen, then I am
for higher education. But when higher education become? either
autocratic or aristocratic in its ways or customs and begins to arro-
gate to itself an unwarranted superiority over the great masses of
the people, who make higher education possible, and wants to rule
with a college diploma alone, then I am against higher education,
and I consider it "book learning" gone to seed.

I am in favor of liberal appropriations for the support of our
universities and colleges, but for every dollar appropriated for such
purposes there should be at least three dollars set aside for the aid
of the high schools in the towns and graded schools in the country.
"The greatest 'good to the greatest number" is a sacred tenet of
Democracy. "Special privileges to none" is the foundation of re-
publics.

PROCEEDINGS IX THE LEGISLATURE

H. B. 2 — By Mr. Tillotson and thirty-six others.

To establish a State Highway Department.

Became a law. H. J., p. 1537; S. J., p. 1711.
H. B. 103 — By Mr. Dudley and Mr. Thomason of El Paso.

To make an appropriation for construction of buildings for School
of Mines.

Became a law. H. J., p. 1543; S. .!., p. 1715.
H. B. 205 — By Mr. McFarland.

To provide for the sale of public free school. University and asylum
lands.

Reported favorably. H. J., p. 1548.
H- B. 208 — By Mr. McFarland, Mr. Bryan, Mr. Tillotson. Mr. Crudg-

ington, Mr. Thomason of El Paso, Mr. Metcalfe, and Mr. Dudley.

To provide for the sale of University lands.

Postponed indefinitely. H. J., p. 1548; S. J., p. 17 17.



520 University of Texas Bulletin

H. B. 233 — By Mr. Sackett.*

To extend the time for payment of principal that has become due
on. University, asylum and public school lands.

Reported favorably. H. J., p. 1549.
jj. B. 404 — By Mr. Robertson, Mr. Templeton, Mr. Carlock, Mr.

Blalock, and Mr. Woodul.

To authorize the Board of Regents of the University of Texas to
issue bonds, etc.

Engrossed. H. J., p. 1558; S. J., p. 1721,
H. B. 629 — By Mr. Johnson.
.To provide for the making of an educational survey.

Referred to committee. H. J., p. 1571.
H. B. 644 — By Mr. Robertson.

To convey to the University of Texas certain property in Austin
belonging to the Blind Institute.

Became a law. H. J., p. 1572.
H. B. 652 — By Mr. Johnson.

To provide for an educational survey of the State institutions of
higher learning.

Reported enrolled. H. J., p. 1572; S. J., p. 1729.
H. B. 752 — By Mr. Cope, Mr. Crudgington and Mr. Bledsoe.

To validate certain sales of public free school, University and
asylum lands.

Became a law. H. J., p. 1578; S. J., p. 1732.
H. B. 812 — By Mr. DeBogory et al.

To prescribe fees of admission to the University of Texas.

Referred to Committee on Education. H. J., p. 1581.
H. J. R. 6 — By Mr. Butler.

To authorize appropriations out of the general revenue for the
erection of buildings for the University of Texas.

Laid on table. H. J-, p. 1585.
H. J. R. 30 — By Mr. Tillotson, Mr. Butler, Mr. Robertson, Mr. Sack-
ett, Mr. Davis of Grimes.

To define the constitutional status of the University of Texas and
the Agricultural and Mechanical College.

Reported favorably. H. J., p. 1586.
H. C. R. 13 — By Mr. Thomason of Nacogdoches.

To provide for a joint meeting of the House and* Senate Com-
mittees on Education to discuss H. B. 652.

H. J. p. 1584; S. J. p. 1737.
H. S. R. — By Mr. O'Banion.

To provide for an investigation of the charges against the Gov-
ernor.

Tabled. H. J. p. 1590.
H. S. R. — By Mr. Davis of Van Zandt.

To provide for a committee to investigate the Governor.

Carried. Commitee appointed and reported. H. J. p. 15 88.



A Source Boole of the University of Texas 521

[The stenographic report of the proceedings of this committee together
with the relevant extracts from the House Journal were printed by Will
C. Hogg in a pamphlet entitled "Record of Investigation. . . .of Charges
Filed Against Gov. .las. E. Ferguson"; v. 548 pp. The "Dedication to the
People of Texas" refers to the University.]

S. B. 17 — By Mr. Hudspeth.

To provide for the construction of certain buildings at the School
of Mines of the State of Texas at El Paso.

Reported engrossed. S. J. p. 1664; H. J. p. 1592.
S. B. 149 — By Messrs. Dayton and Lattimore.

To amend Chapter 117 of the General Laws of the Thirty-fourth
Legislature, relating to county libraries.

Became a law. S. J. p. 1673; H. J. p. 1695.
S. B. 357 — By Mr. Hudspeth.

Relating to prospecting for and developing of minerals and other
substances in lands owned by the State of Texas.

Became a law. S. . p. 1690; H. J. p. 1600.
S. B. 402 — By Mr. Hudspeth.

To validate all sales of free school land, University land and
asylum land, made after forfeiture for non-payment of interest.

Reported favorably. S. J., p. 1694.
S. B. 404 — By Mr. Hudspeth.

To repeal Article 2633, R. S. of 1911, and provide for the lease
and sale of lands belonging to the permanent fund of the University
of Texas.

Reported favorably. S. J., p. 1694.
S. B. 483 — By Mr. McNealus.

To amend Article 317, Title 12, R. S. of 1911, relating to license
granted to graduates of the Law Department of the University of
Texas.

Reported favorably. S. J., p. 1700.
S. B. 49 — By Mr. Hudspeth.

To amend Section 6 of an act of the Thirty-fifth Legislature per-
taining to the development of minerals in public free school lands
and waters.

Became a law. S. J., p. 1701; H. J., p. 1604.
S. C. R. 13 — By Mr. Dayton.

To provide for a committee to determine the distinct fields of
operation to be pursued by the A. and M. College, State University
and Department of Agriculture.

Became a law. S. J. p. 1703; H. J. p. 1604.
S. C. R. 22 — By Messrs. Alderdice, Dean and Dayton.

To provide for an educational survey of the State of Texas.
Reported favorably. S. J., p. 1704.
S. C. R. 27 — By Mr. Lattimore et al.

To express confidence in the honesty, honor and integrity of the



522 University of Texas Bulletin

president and members of the faculty of the University of Texas, etc.,
and that matters already investigated are regarded as already settled.

Laid on table. S. J., p. 1704.

S. S. R. 66 — By Mr. Lattimore.

To provide for an investigation of statements concerning ap-
pointees of the Governor as members of the Board of Regents of
the University of Texas and of all matters concerning the University.

Substitute adopted. S. J., p. 1707.

February 8, 1917. S. J., pp. 348-349.

S. S. R. 66 — By Mr. Lattimore.

Whereas, Upon the fitness, ability and character of the Board of
Regents, and their entire removal from political entanglement,
favoritism, and private prejudgment, and their unselfish devotion
to the cause of higher education as embodied in a great State Uni-
versity, depends the growth, success and life itself of our State
University; and,

Whereas, No university can be of the first class, and attract and
hold the strongest men in its teaching force, or have the necessary
harmony of co-operation among its teachers, except they be elected
for life, during good behavior and maintenance of efficiency, and
upon recommendation of the president, as is done in all the great
universities of the world; and

Whereas, An effort has recently been made by the Governor of
this State to have summarily removed a number of the members of
the teaching force of the State University who are among the oldest
in point of service, which effort failed, after a hearing before the
Board of Regents, such removal being opposed by Alex Sanger of
Dallas, Will C. Hogg of Houston, David Harrell of Austin, and Dr.
Faber of Tyler, all of them men of the very highest character and
fitness; and

Whereas, Dr. Faber was the only one of the said named regents
appointed by the present Governor, and his resignation was de-
manded and accepted by the Governor because his views upon the
removal of such men were not in harmony with those of the Gov-
ernor; and

Whereas, Notice was served at the time of said hearing that if the
men were not removed the Governor would bide his time until other
members of the Board of Regents could be appointed; and

Whereas, The time for appointment of other regents has come,
and the names of the aforesaid distinguished members of the board
are not now sent to the Senate by the Governor, but other names
are sent; and,

Whereas, It has been brought to the attention of members of the



Online LibraryHarry Yandell BenedictA source book relating to the history of the University of Texas: legislative, legal, bibliographical, and statistical → online text (page 55 of 89)