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NITED STATES BUREAU OF EDUCATION

FEDERAL LAWS, REGULATIONS,
AND RULINGS AFFECTING THE
LAND-GRANT COLLEGES OF AGRI-
CULTURE AND MECHANIC ARTS

;-ULTURAL
LIBRARY,

UNIVERSITY
__ OF

CALIFORNIA.

WASHINGTON

GOVERNMENT PRINTING OFFICE

1911

A

Main Lib.
|0fc. Dept,

Morrill Land-Grant Act of 1862.

AN ACT Donating public lands to the several States and Territories which may
provide colleges for the benefit of agriculture and the mechanic arts.

Be it enacted by tlie Senate and House of Representatives of the United
States of America, in Congress assembled, That there be granted to the
several States, for the purposes hereinafter mentioned, an amount of
public land, to be apportioned to each State a quantity equal to
30,000 acres for each Senator and Representative in Congress to which
the States are respectively entitled by the apportionment under the
census of 1860: Provided, That no mineral lands shall be selected or
purchased under the provisions of this act.

Sec. 2. And be it further enacted, That the land aforesaid, after
being surveyed, shall be apportioned to the several States in sections
or subdivisions of sections, not less than one-quarter of a section; and
wherever there are public lands in a State, subject to sale at private
entry at one dollar and twenty-five cents per acre, the quantity to
which said State shall be entitled shall be selected from such lands,
within the limits of such State; and the Secretary of the Interior is
hereby directed to issue to each of the States, in which there is not the
quantity of public lands subject to sale at private entry, at one dollar
and twenty-five cents per acre, to which said State may be entitled
under the provisions of tins act, land scrip to the amount in acres for
the deficiency of its distributive share; said scrip to be sold by said
States, and the proceeds thereof applied to the uses and purposes
prescribed in this act, and for no other use or purpose whatsoever:
Provided, That in no case shall any State to which land scrip may thus
be issued be allowed to locate the same within the limits of any other
State, or of any territory of the United States; but their assignees
may thus locate said land scrip upon any of the unappropriated lands
of the United States subject to sale at private entry, at one dollar and
twenty-five cents, or less, an acre: And provided further, That not
more than one million acres shall be located by such assignees in any
one of the States: And provided further, That no such location shall be
made before one year from the passage of this act.

Sec. 3. And be it further enacted, That all the expenses of manage-
ment, superintendence and taxes from date of selection of said lauds,
previous to their sales, and all expenses incurred in the management
and disbursement of moneys which may be received therefrom, shall

15900-n 272704 ■ s

4 COLLEGES OF AGRICULTURE AND MECHANIC ARTS.

be paid by the States to which they may belong, out of the Treasury
of said States, so that the entire proceeds of the sale of said lands shall
be applied, without any diminution whatever, to the purposes
hereinafter mentioned.

Sec 4. And he it further enacted, That all moneys derived from the
sale of the lands aforesaid by the States to which the lands are appor-
tioned, and from the sales of land scrip hereinbefore provided for,
shall be invested 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 con-
stitute a perpetual fund, the capital of which shall remain forever
undiminished, except so far as may be provided in section fifth 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 Legislatures of the States may respectively prescribe,
in order to promote the liberal and practical education of the industrial
classes in the several pursuits and professions in life.

Sec. 5. And he itjurther enacted, That the grant of land and land
scrip hereby authorized shall be made on the following conditions, to
which, as well as to the provisions hereinbefore contained, the pre-
vious assent of the several States shall be signified by legislative acts:

First. If any portion of the fund invested, as provided by the fore-
going section, or any portion of the interest thereon, shall, by any
action or contingency, be diminished or lost, it shall be replaced by
the State to which it belongs, so that the capital of the fund shall re-
main forever undiminished; and the annual interest shall be regu-
larly applied without diminution to the purposes mentioned in the
fourth section of this act, except that a sum, not exceeding ten per
centum upon the amount received by any State under the provisions
of this act, may be expended for the purchase of lands for sites or
experimental farms, whenever authorized by the respective Legisla-
tures of said States;

Second. No portion of said fund, nor the interest thereon, shall be
applied, directly or indirectly, under any pretense whatever, to the
purchase, erection, preservation, or repair of any building or buildings;

Third. Any State which may take and claim the benefit of the pro-
visions of this act shall provide, within five years, at least not less
than one college, as prescribed in the fourth section of this act, or the
grant to such State shall cease; and said State shall be bound to pay
the United States the amount received of any lands previously sold,
and that the title to purchasers under the State shall be valid;

FEDERAL, LAWS, REGULATIONS, AND RULINGS. 5

Fourth. An annual report shall be made regarding the progress of
each college, recording any improvements and experiments made,
with their costs and results, and such other matters, including State
industrial and economical statistics, as may be supposed useful; one
cop}' of which shall be transmitted by mail free, by each, to all the
other colleges which may be endowed under the provisions of this
act, and also one copy to the Secretary of the Interior;

Fifth. When lands shall be selected from those which have been
raised to double the minimum price in consequence of railroad grants,
they shall be computed to the States at the maximum price, and the
number of acres proportionally diminished;

Sixth. No State, while in a condition of rebellion or insurrection
against the government of the United States, shall be entitled to the
benefit of this act;

Seventh. No State shall be entitled to the benefits of this act unless
it shall express its acceptance thereof b}r its Legislature within two
years from the date of its approval by the President.

Sec. 6. And be it further enacted, That land scrip issued under the
provisions of this act shall not be subject to location until after the
first day of January, 1863.

Sec. 7. And be it further enacted, That land officers shall receive the
same fees for locating land scrip issued under the provisions of this
act as is now allowed for the location of military bounty land warrants
under existing laws: Provided, That maximum compensation shall
not be thereby increased.

Sec. 8. And be it further enacted, That the Governors of the several
States to which scrip shall be issued under this act shall be required
to report annually to Congress all sales made of such scrip \mtil the
whole shall be disposed of, the amount received for the same, and
what appropriation has been made of the proceeds.

Approved, July 2, 1862.

Act of 1883, Amending Section 4 of the Act of 1862.

AX A» T To amend an act donating public lands to the several States and Territories
which may provide colleges for the benefit of agriculture and the mechanic art?.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the fourth section of
the act donating public lands to the several States and Territories
which may provide colleges for the benefit of agriculture and the
mechanic arts, approved July second, eighteen hundred and sixty-
two, be, and the same is hereby, amended so as to read as follows:

"Sec. 4. That all moneys derived from the sale of lands aforesaid
by the States to which lands are apportioned, and from the sales of

6 COLLEGES OF AGRICULTURE AND MECHANIC ARTS.

land scrip hereinbefore provided for, shall be invested in stocks of the
United States or of the States, or some other safe stocks; or the same
may be invested by the States having no State stocks, in any other
manner after the legislatures of such States shall have assented
thereto, and engaged that such funds shall yield not less than five
per centum upon the amount so invested and that the principal
thereof shall forever remain unimpaired: Provided, That the moneys
so invested or loaned shall constitute a perpetual fund, the capital of
which shall remain forever undiminished (except so far as may be
provided in section five 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 legislatures of the
States may respectively prescribe, in order to promote the liberal and
practical education of the industrial classes in the several pursuits
and professions in life."
Approved March 3, 1883.

Morrill Act of 1890.

AN ACT To apply a portion of the proceeds of the public lands to the more complete
endowment and support of the colleges for the benefit of agriculture and the mechanic
arts established under the provisions of an act of Congress approved July second,
eighteen hundred and sixty-two.

Be it enacted by the Senate and House of Representatives oj the United
States oj America in Congress assembled, That there shall be, and
hereby is, annually appropriated, out of any money in the Treasury
not otherwise appropriated, arising from the sale of public lands, to be
paid as hereinafter provided, to each State and Territory for the more
complete endowment and maintenance of colleges for the benefit of
agriculture and the mechanic arts now established, or winch may be
hereafter established, in accordance with an act of Congress ap-
proved July second, eighteen hundred and sixty-two, the sum of
fifteen thousand dollars for the year ending June thirtieth, eighteen
hundred and ninety, and an annual increase of the amount of such,
appropriation thereafter for ten years by an additional sum of one
thousand dollars over the preceding year, and the annual amount to
be paid thereafter to each State and Territory shall be twenty-five
thousand dollars to be applied only to instruction in agriculture, the
mechanic arts, the English language and the various branches of
mathematical, physical, natural and economic science', with special
reference to their applications in the industries of life, and to the

FEDERAL LAWS, REGULATIONS, AND RULINGS. 7

facilities for such instruction: Provided, That no money shall be paid
out under this act to any State or Territory for the support and
maintenance of a college where a distinction of race or color is made in
the admission of students, but the establishment and maintenance
of such colleges separately for white and colored students shall be
held to be a compliance with the provisions of this act if the funds
received in such State or Territory be equitably divided as hereinafter
set forth: Provided, That in any State in which there has boon one
college established in pursuance of the act of July second, eighteen
hundred and sixty-two, and also in which an educational institution
of like character has been established, or may be hereafter established,
and is now aided by such State from its own revenue, for the educa-
tion of colored students in agriculture and the mechanic arts, how-
ever named or styled, or whether or not it has recevied money hereto-
fore under the act to which this act is an amendment, the Legislature
of such State may propose and report to the Secretary of the Interior
a just and equitable division of the fund to be received under this act
between one college for white students and one institution for colored
students established as aforesaid, which shall be divided into two
parts and paid accordingly, and thereupon such institution for col-
ored students shall be entitled to the benefits of this act and subject
to its provisions, as much as it would have been if it had been included
under the act of eighteen hundred and sixty-two, and the fulfillment
of the foregoing provisions shall be taken as a compliance with the
provision in reference to separate colleges for white and colored
students.

Sec. 2. That the sums hereby appropriated to the States and Ter-
ritories for the further endowment and support of colleges shall bo
annually paid on or before the thirty-first day of July of each year,
by the Secretary of the Treasury, upon the warrant of the Secretary
of the Interior, out of the Treasury of the United States, to the State
or Territorial treasurer, or to such officer as shall be designated by
the laws of such State or Territory to receive the same, who shall,
upon the order of the trustees of the college, or the institution for
colored students, immediately pay over said sums to the treasurers
of the respective colleges or other institutions entitled to receive the
same, and such treasurers shall bo required to report to the Secretary
of Agriculture and to the Secretary of the Interior, on or before
the first day of September of each year, a detailed statement of the
amount so received and of its disbursement. The grants of moneys
authorized by this act are made subject to the legislative assent of the
several States and Territories to the purpose of said grants: Provided,
That payments of such installments of the appropriation herein made
as shall become due to any State before the adjournment of the regular
session of legislature meeting next after the passage of this act shall

8 COLLEGES OF AGRICULTURE AND MECHANIC ARTS.

be made upon the assent of the governor thereof, duly certified to the
Secretary of the Treasury.

Sec 3. That if any portion of the moneys received by the desig-
nated officer of the State or Territory for the further and more com-
plete endowment, support, and maintenance of colleges, or of insti-
tutions for colored students, as provided in this act, shall, by any
action or contingency, be diminished or lost, or be misapplied, it shall
be replaced by the State or Territory to which it belongs, and until so
replaced no subsequent appropriation shall be apportioned or paid to
such State or Territory ; and no portion of said moneys shall be applied,
directly or indirectly, under any pretense whatever, to the purchase,
erection, preservation, or repair of any building or buildings. An
annual report by the president of each of said colleges shall be made
to the Secretary of Agriculture, as well as to the Secretary of the
Interior, regarding the condition and progress of each college, includ-
ing statistical information in relation to its receipts and expenditures,
its library, the number of its students and professors, and also as to
any improvements and experiments made under the direction of any
experiment stations attached to said colleges, with their costs and
results, and such other industrial and economical statistics as may be
regarded as useful, one copy of which shall be transmitted by mail
free to all other colleges further endowed under this act.

Sec 4. That on or before the first day of July in each year, after
the passage of this act, the Secretaiy of the Interior shall ascertain
and certify to the Secretary of the Treasury as to each State and Ter-
ritory whether it is entitled to receive its share of the annual appro-
priation for colleges, or of institutions for colored students, under
this act, and the amount which thereupon each is entitled, respec-
tively, to receive. If the Secretaiy of the Interior shall withhold a
certificate from any State or Territory of its appropriation the facts
and reasons therefor shall be reported to the President, and the
amount involved shall be kept separate in the Treasury until the close
of the next Congress, in order that the State or Territory may, if it
should so desire, appeal to Congress from the determination of the
Secretary of the Interior. If the next Congress shall not direct such
sum to be paid it shall be covered into the Treasury. And the Sec-
retaiy of the Interior is hereby charged with the proper administra-
tion of this law.

Sec 5. That the Secretaiy of the Interior shall annually report to
Congress the disbursements which have been made in all the States
and Territories, and also whether the appropriation of any State or
Territory has been witldield, and if so, the reasons therefor.

Sec 6. Congress may at any time amend, suspend, or repeal any
or all of the provisions of this act. (Approved, Aug. 30, 1890.)

FEDERAI, LAWS, REGULATIONS, AND RULINGS. 9

Nelson Amendment of 1907.

[Extract from "An Act making appropriations Eor the Department of Agriculture
for the fiscal year ending June thirtieth, nineteen hundred and eight," approved

Mar. I, 1907 (Public— No. 242),]

Be it enacted by the Senate and lions, <>/ It, prt sentativt s of the United
States of America in Congress assembled,

*******

That there shall be, and hereby is, annually appropriated, out of any
money in the Treasury not otherwise appropriated, to be paid as here-
inafter provided, to each State and Territory for the more complete
endowment and maintenance of agricultural colleges now established,
or which may hereafter be established, in accordance with the Act of
Congress approved July second, eighteen hundred and sixty-two, and
the Act of Congress approved August thirtieth, eighteen hundred and
ninety, the sum of five thousand dollars, in addition to the sums named
in the said Act, for the fiscal year ending June thirtieth, nineteen hun-
dred and eight, and an annual increase of the amount of such appro-
priation thereafter for four years by an additional sum of five thousand
dollars over the preceding year, and the annual sum to be paid there-
after to each State and Territory shall be fifty thousand dollars, to be
applied only for the purposes of the agricultural colleges as defined and
limited in the Act of Congress approved July second, eighteen hundred
and sixty-two, and the Act of Congress approved August thirtieth,
eighteen hundred and ninety.

That the sum hereby appropriated to the States and Territories for
the further endowment and support of the colleges shall be paid by, to,
and in the manner prescribed by the Act of Congress approved August
thirtieth, eighteen hundred and ninety, entitled "An Act to apply a
portion of the proceeds of the public lands to the more complete
endowment and support of the colleges for the benefit of agriculture
and the mechanic arts established under the provisions of the Act of
Congress approved July second, eighteen hundred and sixty-two,"
and the expenditure of the said money shall be governed in all respects
by the provisions of the said Act of Congress approved July second,
eighteen hundred and sixty-two, and the said Act of Congress ap-
proved August thirtieth, eighteen hundred and ninety: Provided,
That said colleges may use a portion of this money for providing
courses for the special preparation of instructors for teaching the
elements of agriculture and the mechanic arts.

10 COLLEGES OF AGRICULTURE AND MECHANIC ARTS.

Rulings and Instructions Relative to the Acts of
Congress of August 30, 1890, and March 4, 1907,
in Aid of Colleges of Agriculture and Mechanic
Arts.

The attention of presidents, treasurers, and boards of control of
State colleges of agriculture and mechanic arts, and of institutions of
like character for colored students, is respectfully called to the
requirements of the acts of Congress, approved August 3f0, 1890 (26
Stat. L., p. 417), and March 4, 1907 (34 Stat. L., p. 1281), in aid of
colleges of agriculture and mechanic arts respecting the annual
reports of the presidents and treasurers of said institutions to the
Secretary of the Interior and the Secretary of Agriculture, and to
certain decisions respecting the disbursement of the funds authorized
by the said act.

1. The annual reports of treasurers are required to be made on or
before September 1 of each year (sec. 2).

2. The reports of presidents must be received before the States can
be certified for the annual installments of this fund, and it is respect-
fully requested that they be forwarded to this office not later than
September 1 of each year.

3. The funds annually appropriated by the act of August 30, 1890,
must be expended during the year for which they are appropriated
and for the purposes specified in the said act, and can not be allowed
to accumulate in the form of an unexpended balance or be invested
as a permanent interest-bearing fund (decision of the Assistant
Attorney General, June 20, 1899). The department will insist on
the expenditure annually of substantially the entire amount appro-
priated by the act of August 30, 1890, and the act of March 4, 1907,
and boards of control of agricultural and mechanical colleges are
requested to make provision for such expenditures. It is under-
stood, of course, that contracts may be entered into for machinery or
other educational material which, for good reasons, may not be
ready and paid for until the following year. In such cases it is suffi-
cient to explain, by a note in the report, that the balance is held for
the purpose of liquidating bills already incurred, and stating the
nature of the outstanding contracts.

4. The funds are "to be applied only to instruction in agriculture,
the mechanic arts, the English language, and the various branches of
mathematical, physical, natural and economic science, with special
reference to their applications in the industries of life, and to the
facilities for such instruction" and "for providing courses for the
special preparation of instructors for teaching the elements of agri-
culture and mechanic arts." It is held that this language authorizes

FEDERAL LAWS, REGULATIONS, AND RULINGS. 11

the purchase from this money of apparatus, machinery, textbooks,
reference books, stock, and material used in instruction, or for the
purposes of illustration in connection with any of the branches
enumerated, and the payment of salaries of instructors in said
branches only; but, in case of machinery (such as boilers, engines,
pumps, etc.) and farm stock, which are made to serve for both
instructional and other purposes, the Federal funds may be charged
with only an equitable portion of the cost of said machinery and
stock.

5. The expenditure of any portion of these funds for the purchase,
erection, preservation, or repair of any building or buildings under
any pretense whatever is specifically prohibited by the act (sec. 3);
tne purchase of land is not allowable (decision of Assistant Attorney
General, Mar., 1891), nor expenditures for permanent improvement
to buildings, grounds, and farms, such as clearing, draining, and
fencing of land.

6. The salaries of purely administrative officers, such as treasurers
(decision of Assistant Attorney General, Mar. 7, 1894), presidents,
secretaries, bookkeepers, janitors, watchmen, etc., can not be charged
to this fund, nor the salaries of other administrative officers, like
superintendents, foremen, and matrons, and the wages of unskilled
laborers and assistants in shops, laboratories, and fields; nor can it be
expended for heating or lighting buildings, musical instruments, mili-
tary equipment, furniture, cases, shelving, desks, blackboards, tables,
lockers, salaries of instructors in philosophy, psychology, ethics, logic,
history, political science, civics, pedagogy, military science and tac-
tics, and in ancient and modern languages (except English) . When
an administrative officer also gives instruction in any of the branches
of study mentioned in the act of August 30, 1890, or when an instruc-
tor gives such instruction and also devotes part of his time to giving
instruction in branches of study not mentioned in the said act, only
a part of such person's salary proportionate to the time devoted to
giving instruction in the branches of study mentioned in the said act
of August 30, 1890, can be charged to these funds. In the division of
time between instructional and other services, one hour of instruc-
tion shall be regarded as the equivalent of two hours of administra-
tive, supervisory, or experiment station work.

7. Xo part of the funds received under the provisions of the acts
of 1890 and 1907 may be used for any form of extension work, and
all instruction must be given at the institutions receiving these funds,
except that a reasonable portion of the funds provided by the act of
1907 may be used for the instruction of teachers in agriculture,
mechanic arts, and domestic science at summer schools, teachers'
institutes, and by correspondence, and in supervising and directing
work in these subjects in high schools.

12

COLLEGES OF AGRICULTURE AND MECHANIC ARTS.

8. All or a part of the funds provided by the act of March 4, 1907,
may be used "for providing courses for the special preparation of
instructors for teaching the elements of agriculture and mechanic
arts." It is held that this language authorizes expenditures for
instruction in the history of agriculture and industrial education, in
methods of teaching agriculture, mechanic arts, and home economics,
and also for special aid and supervision given to teachers actively
engaged in teaching agriculture, mechanic arts, and home economics
in public schools. It does not authorize expenditures for general
courses in pedagogy, psychology, history of education, and methods
of teaching.

9. In order that greater uniformity in the reports of treasurers m.a,y
be obtained in the future, the following classification of subjects that
may be included under the several schedules has been prepared, such
classification to be adhered to by the treasurers of the various insti-
tutions hi the preparation of their annual reports:

1. Agriculture.

2. Horticulture.

3. Forestry.

4. Agronomy.

5. Animal husbandry

Schedule A. — Instruction in agriculture.

6. Dairying.

7. Veterinary science.

8. Poultry industry.

9. Apiculture.

1. Mechanical engineering.

2. Civil engineering.

3. Electrical engineering.

4. Irrigation engineering

5. Mining engineering.

6. Marine engineering.

7. Railway engineering.

8. Experimental engineering

9. Textile industry.

Schedule B. — Instruction in mechanic arts.

10. Architecture.

11 . Machine design.

12. Mechanical drawing.

13. Ceramics.

14. Stenography.

15. Typewriting.
10. Telegraphy.

17. Printing.

18. Shopwork.

1. English language.

2. English literature.

3. Composition.

1. Mathematics.

2. Bookkeeping.

Schedule < . — Instruction in English language.

4. Rhetoric.

5. Oratory.

Schedule D. — Instruction in mathematical sciences.
I 3. Astronomy.

Schedule E.

1. Chemistry.

2. Physics.

3. Biology.

4. Botany.

5. Zoology.

6. Geology.

7. Mineralogy.

-Instruction in natural and physical sciences.

8. Metallurgy.

9. Entomology.

10. Physiology.

11. Bacteriology.

12. Pharmacy.

13. Physical geography.

14. Meteorology.

FEDERAL LAWS, RKGHLATTONS, AND RULINGS. 13

Schedule F. — Instructio nic sciences.

1. Political economy. I 3. Commercial geography.

2. Home economics.

Schedule G. — Special preparation of teachers.

1. History of industrial education (with special reference to agriculture, mechanic

arts, and home economics).

2. Methods of teaching agriculture, mechanic arts, and home economics.

3. Special instruction to persons teaching agriculture, mechanic arts, and home

economics.

Very respectfully. P. P. Claxton,

Commissioner.
Approved, November 2, 1911.

Caemi A. Thompson,

Acting Secretary.

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