ment of its Regents and in the administration of its affairs. The Legis-into this matter has thoroughly convinced me that no surer and quicker lature shall provide for the proper investment and security of the several way could be devised to strangle our young University than thus to hurl funds of the University; provided, that all the proceeds of the public it into the cesspool and whirlpool of politics. lands donated to this State by Act of Congress, approved July second, eighteen hundred and sixty-two, and the Acts amendatory thereof, for the support of a College of Agriculture and Mechanic Arts, shall be invested in a separate fund, and the interest thereon to be appropriated exclusively for the benefit and support of said Agricultural and Mechanic Arts College, as specified in said grant, and the Legislature shall pro-in that college. The fact of the matter, however, is that there are vide" THE CHAIRMAN. The amendment is not in order at present. SPEECH OF MR. FREUD. MR. FREUD. Mr. Chairman: I rise to speak in defense of the University of California. As a member of the Committee on Education, I desire to express my approval of section ten of the report, perpetuating our State University in its existing form and character. As a graduate of the University, I feel that I owe it as a duty to the people of this State to speak frankly and fairly of their highest institution of learning. It has fallen to my lot to be the only alumnus of the University in this Constitutional Convention. I, therefore, feel compelled to ask your kind attention and earnest consideration of the few facts and thoughts which I shall here endeavor to present. Should I overleap the allotted time, I hope the committee will indulge me a few moments longer. Now, a word or two as to the agricultural department. Many rumors, nearly all utterly unfounded, prevail as regards the nature and management of the agricultural department of the University. These rumors have sought to bring that department into some disrepute. For example, I have heard it said that there was but one student enrolled at present some twenty students regularly attending the college of agriculture. The work in this department includes both practice and theory, experiment and observation. To be sure, the students are not exercised in plowing, and hoeing, and reaping, and threshing, for these are mere mechanical operations of agriculture, and are best acquired on the farm at home; but they are taught why to plow, when to plow, and how deep. They are taught what crops to sow in certain soil, and what rotation of crops will best maintain the fertility of the soil; in a word, they are taught all the several principles which govern the development of plants under all variations of circumstances and conditions, and that, after all, is the rational, scientific, and only true agriculture. This department has already begun an agricultural survey of the State, and Berkeley is now an experiment station to investigate the varied soils of California. I need not dilate upon the immense value of such a work to the farmers throughout the land. It will furnish the basis for an intelligent and comprehensive conception of the marvelous agricultural resources of the Pacific Slope. Again, sir, it has been urged that the Agricultural College should be detached and separated from the rest of the University, so that it may be more efficient under the direct control of the farmer. I hope, sir, that a proposition so monstrous will not be entertained by this honorable body, and least of all, by any farmer upon this floor. What farmer would consent to withdraw agricultural education from contact with higher culture mere hewers of wood and drawers of water? That, sir, is not the ambition of the farming people of California. If you would have the young farmer look with pride to his profession, and deem it as it should be, the peer of any other on earth, then, sir, never, never, I say, for one moment permit the institution where its principles are taught, to be divorced from your State University, where are reared all other educated men in the State. But, sir, this system of separate organization for agricultural colleges has been tried in this country and in Europe, and has always proved a backward step, and in many cases a disastrous failure. În course of time the labor colleges have either developed into universities, or dwindled into second-class and low grade boarding schools. Divide the University of California, and you inevitably wound its efficiency and destroy its utility. It is needless for me on this occasion to rehearse to you the inestimable value and importance of a good system for the higher education of the youth of our country. You who have shared its blessings know full well their worth. Those of you whom fortune has not favored with so precious a privilege are, nevertheless, ready to admit its magnificence, and ever zealous to bestow it upon your children. In every pursuit of life, be it ever so high or so humble, it is, after all, grit, and brains, and intelligence that in the end will carry the day. A free and pure public school system is the imperishable corner-stone of the American Kepub-in other branches? Where is the farmer who would make his sons the lic. The lonely school house on the distant mountain slope, beside some trickling stream, is its basis of power, and the majestic university in the vanguard of civilization and progress is its tower of strength. Enlarge, perfect, complete that splendid structure, and upon it will be erected a republic, whose foundation shall rest in the eternal rocks of truth and wisdom, and whose career shall brighten with age and prosper with time. Many favorable circumstances have combined to.give to California a University of which she may well be proud. Numerous and valuable grants and gifts from the College of California, from Congress, from the State, and from private individuals, united to create and foster it in its infancy, and now maintain it in its growing maturity. Its course has been directed and guided by many wise and faithful men. But ten years old, it has risen from a mere infant, an obscure college, to the rank of one of the best and most famous universities in the land. In eighteen hundred and sixty-nine it started with but forty students. To-day it has over three hundred, and including the professional colleges, a grand total of over five hundred. It has to day, in active operation, eight complete colleges Agriculture (three), Engineering (two), Chemistry, Law, Let-so human work lacks perfection. But, sir, take it all in all, and I frankly ters, Mechanics, Medicine, Mining, with all their subordinate branches, are fairly and fully represented. The University library numbers over fifteen thousand volumes. The museums, cabinets, and laboratories are among the most complete of any this side of the Atlantic. The rapid progress and prosperity of the University of California is a most marvelous event. It stands without a parallel in the recorded history of either ancient or modern learning. I admit that I love the University as the student loves his alma mater. I have spent the four happiest and proudest years of my life amidst its sacred groves and within its solemn halls. I have seen it rise from the tiny acorn to the stately oak. While I know and cherish all its virtues, yet I am not blind to its failings. As human nature is far from perfect, pronounce the University of California the best and grandest investment of the people of this State. That institution, sir, is paying a dividend to the State of California that shall increase and multiply with years. It is a noble monument to the enlightenment and munificence of the people of this commonwealth. The The section, as reported by the committee, perpetuates this great and sublime work. With no other interest than the welfare and prosperity The University of California has been established by the Legislature of California; with no other feeling than a love for an institution that in accordance with the Constitution, and intrusted to the care of a Board radiates knowledge and ennobles labor; I appeal to you, gentlemen, to of Regents, consisting of the Governor, the Lieutenant Governor, the sanction it with your approval. Especially do I call upon the workingSpeaker of the Assembly, the State Superintendent of Public Instruction, men and grangers to cheer it on with your encouragement, and push it the President of the State Agricultural Society, the President of the forward with your support. The University of California should be the Mechanics Institute of San Francisco, the President of the University, favorite child of the laboring classes throughout the land. Its doors are and sixteen appointed Regents. The office of Regent is wholly hon-free and open to all residents of California, without regard to sex. orary. There is no pay attached to the position. The instruction and son of the poorest peasant, no matter how lowly, wherever his birth, or government of the students at Berkeley are intrusted to the Academic whatever his creed, may find at Berkeley an institution to carry him to Senate, consisting of some thirty-six professors and instructors. They the furthest realms of knowledge, and fit him for the highest functions have been selected for their special qualifications for the lines of inquiry of citizenship. Three fourths of the students at the University are the and work assigned to them. They are recognized authorities in their sons of poor men, hailing from every portion of the State. And, sir, if respective departments, and many of them are men renowned, not only there be a spot on earth where poverty and wealth are ineasured by the in this country but also in Europe. The benefits of the presence of a sole standard of manhood and worth, it is the University of California. body of men so able and learned cannot be overestimated. Under this That institution, sir, is the very essence and epitome of democracy. The system of administration, in scarcely a decade, the University has grown rich man can send his son to the East or to Europe for a college educaand prospered with so much satisfaction and such marked success. Ition. The son of the poor man must find at home the food to nourish take this opportunity to publicly express my unqualified admiration for his ambition, or forever grope in darkness and despair. the general policy of the Board of Regents, and the zeal and nobility of The University is still struggling in its infancy, but its future is the Faculty of the University. Say what you will of their failings, and resplendent with promise already. Generous men are showering upon charge what you may to their mistakes, there nevertheless stands in it endowments of wealth. It is now very nearly self-supporting. In a dauntless majesty a masterpiece of intellect and skill that has redounded few years more it will no longer require State aid. In a few years more to the honor and credit of California, and shall keep the memory of it will live and thrive upon its own resources. We only ask that it may their services forever green in the minds and hearts of a generous be kept aloof from the avarice and turmoil of political parties. We only posterity. ask that it may be left to prosper in the future as it has in the past, and many of you will live to see the University of California the first and foremost educational institution on the American continent. [Applause.] I cannot believe that this committee, or the people of the State, is prepared to change and sacrifice a system of administration that has proved so efficient and faithful. Objection has been raised to the appointment of a portion of the Board of Regents. It is urged that they should be elected directly by the people. No person more sincerely objects to appointment of public officers than I, whenever it can be avoided with policy and wisdom, but, sir, experience has invariably shown that the election of Regents involves the destruction and ruin of the University. Political prejudices and conspiraces creep into the institution and poison its best blood, and vitiate its highest energies. It sets the University adrift upon the boisterous sea of politics, sure to wreck to pieces on the rocks of partisan strife and party contention. A careful research SPEECH OF MR. WINANS. MR. WINANS. Mr. Chairman: The amendment of the honorable member from Los Angeles is unnecessary, because the objects which it seeks to attain have already been reached. I will refer you to the report of President Gilman in reference to the Department of Agriculture, from which I read as follows: "The most noteworthy changes in the College of Agriculture are the appointment of a new professor in that department, the commencement of field and garden work, and the enlistment of special lecturers to sup OF THE CONSTITUTIONAL CONVENTION. plement the regular instructions of the professor. The outdoor work is 1111 and gave up its property to the State, on condition of the perpetual bestowed on the various States of the Union a certain amount of scrip in On the first day of June, eighteen hundred and seventy-four, work in this depart. ment was commenced, and has been pursued with energy. A portion of the grounds dedicated to practical agriculture has been thoroughly plowed, graded, and otherWise prepared by deep trenching and working over, for nursery purposes Two propagating bouses have been constructed and were ready for use in the latter part of August, eighteen hundred and seventy-four, and a commodious and conrenient building for workrooms, with suitable benches for potting and handling plants constructed, with storage arrangements for prepared soil, pots, tools, etc., and a suitable office for gardener, and sleeping-room for watchman. The propagating houses are of the dimensions, respectively, of thirty by twenty feet, and sixty-fourby fifteen feet, and in the rear of the latter is a laboratory pertaining to said houses, but of all the natural sciences which underlie its laws and processes, all the mathesixty-four feet in length by twelve feet in width. These buildings are arranged so as to facilitate the work, and so conveniently placed that the whole is easily super This language certainly does not contemplate the teaching of "agriculture" alone, vised by the gardener. such species as are more particularly required for the purpose of illustrating general classes," not even excluding classical studies. It is, in short, the statement of a The propagation of plants of economic value, as well as matical and physical sciences which are the basis of the mechanic arts, and whatever else is adapted to promote "the liberal and practical education of the industrial botany, and ornamenting the grounds, in pursuance of the general plan devised by comprehensive scheme for promoting the higher education of the people-a thing Mr. W. H. Hall, was at once commenced, and such vegetable forms as are valuable which the government has been ding ever since it first had public lands to dispose to the pomologist, and necessary to illustrate floriculture and arboriculture, have of. The institutions thus founded have come to be generally spoken of as "agriculalready been produced in large numbers. The entire domain belonging to the Uni-tural colleges," simply for want of a more convenient designation, and probably, versity includes two hundred acres, sloping to the west, a parallelogram in general also, because "agriculture" happens to be the first important word in that part of shape, and presenting quite a diversified topography; its lower portion being about wo hundred feet above the level of San Francisco Bay, and rising toward the east nto hills, the summits of which are about nine hundred feet above the sea-level. the law just quoted. Some forty acres are reserved for agricultural purposes and experiments, and the remainder to illustrate the principles and methods of landscape ornamentation, forestry, botany, and allied studies. A well designed and convenient barn, thirty-six by forty-four feet, and a story and a half in height, has been built, and the principal road which traverses the farming grounds has been marked out and partly graded, to facilitate the farm work. The propagating houses were ready for use on the twenty-second day of August, since which date ten thousand plants of twenty species of eucalyptus, five thousand acacias of twenty-five species, two hundred species of native and foreign coniferæ. also numerous rare forms peculiar to Australasia, South and Central America, and elsewhere, and many species of textile, medicinal, and other economic plants, have been produced. We may mention one hundred and twelve varieties of roses, thirteen of azeleas, twelve of camelias, and six of magnolias, for ornamental purposes The planting of a standard orchard, for the purpose of correcting the nomenclature of the fruits already in cultivation, and for furnishing hereafter scions and plants for distribution through the State, as well as for the introduction of new varieties to be distributed as above, has received proper consideration. the Legislature organized the University of California, by an Act, b. The President of the State Agricultural Society and the President of the as honorary Regents, and were chosen "from the body of the State by the official d. Eight members of the Board, holding office for sixteen years, were elected and appointed members." Now, if gentlemen will give me their attention, I will endeavor to show them how the University stands, and I do hope they will pay such attention as the importance of the subject demands. Sir, the Act of Congress provided for a land grant of one hundred and fifty thousand acres, and that the moneys realized from the sale of such land shall be invested, and shall constitute a fund, a perpetual fund, which shall remain forever undiminished, the interest of which is to constitute an endowment fund, for the support and maintenance of at least one college deemed as discharging exclusively a private trust. "The law expressly declared that no member of the Board should be where agriculture and the mechanic arts are to be taught, but not to the furthermore required to become incorporated under the general laws of deemed a public officer by virtue of such membership, but he should be exclusion of other studies. Now, it is an entire mistake to assume that the State. These provisions were intended to secure stability in the The Regents were this University was to be entirely an Agricultural College. Even the Board, and the removal of the University from political interference; Agricultural College, so far as the Congressional enactment and donation while at the same time the official representatives of the State had extend, was not limited to agriculture. On the contrary, it is provided power to prevent and correct abuses. Care was also taken, by providing that there is to be not less than one-there may be more than one-not six different modes of membership, and tenures of office which vary in less than one college, where the leading object is to be, without excluding length from one to sixteen years, that the Board should not be the repother studies, the promotion of such branches of learning as relate to resentative of any class or faction. Sectarian and ecclesiastical influ"agriculture" and the "mechanic arts;" and both those terms are quali-ences were precluded by a requirement that a majority of the Board fied, because the Act declares that the studies are to be such as are related should not be of any one religious sect, or of no religious sect.' to the subjects of agriculture and the mechanic arts. mechanic arts. This includes, in a measure, the entire scientific course, because all the departments of the scientific course are related to agriculture and the Then there is also military instruction, which is made essentially a portion of the requirements of the Act. Then there are still other studies, classical and scientific, which the Act says must not be excluded. Furthermore, the Congressional grant provides that the modes of instruction shall be conducted in such manner as the Legislature of the State shall prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life. What is meant by the term "liberal education?" It is such as shall constitute a liberal, practical education, in the several pursuits and professions of life. That is what the Act itself declares. It does not contemplate teaching agriculture alone; it is to teach, not to the exclusion of other scientific and classical studies, such studies as relate to agriculture and the mechanic arts, in order to promote the liberal education of the industrial classes, and in order to promote the higher education of the people in all the departments of learning, in all the departments of industry, in all the departments of intellectual advancement. This is the very thing that the Federal Government has been doing, and designing to do ever since it had public lands to dispose of for the purposes of education, and devoted them to that object. Now, sir, the Act of the Legislature establishing the University was in exact accordance with the Act of Congress donating these lands. I will read again from President Gilman's statement: "The State of California, like most of the newer States of the Union, received from the General Government a certain portion of the public lands for the use of a seminary of learning; and the Constitution of the State provided for the bestowal of these and other funds upon a State University. This was the nucleus of the University of Cali"Independent of State action, a private corporation, established in Oakland, maintained for several years an institution of learning under the name of the College of California. It acquired lands, funds, and good-will. When the University was organized it relinquished the field fornia. to the origin of the University of California were more generally "It would be well for the State if these historic statements in respect remembered. It is frequently asserted that the University was founded as an agricultural college, and that the College of Letters should have Constitution, provided for the establishment of a University, and all subsequent legislation has tended toward a liberal and comprehensive no place in the organization; whereas the truth is, that the State, in its institution, in which all higher studies should be taught." exists in exact accordance with the organic Act of the Legislature of the State of California, which Act is in entire accordance with the terms of Sir, I desire that the committee should understand that the University the Congressional grant. We have kept it up and maintained it for ten years upon precisely the same terms and conditions as those which were originally prescribed by Congress. In the first place, before it was organized, the College of California, a private institution of large wealth and influence, came forward and donated its entire property to the State, on condition that a College of Letters should be perpetually maintained and constitute a portion of the State University. The State accepted that donation, which was entirely independent of the Congressional grant. Thereupon the University of California was created, in accordance with both the donation and the terms of the Congressional grant. what the grant conferred. It has property that amounts now to nearly three million five hundred thousand dollars, besides what has been Let us inquire what property the University now holds outside of which amounts to about seven million dollars more. derived, and is to be derived in future, from the Congressional grant, which has been received, and is to be received hereafter, from the grant. Thus, while the grant will realize more than seven million dollars, the That includes all University has property of its own, derived from other sources and situated in Oakland, amounting to three millions and a half. And it has no tion is in debt, that assertion is untrue. And the whole of its property, both real and personal, is entirely unincumbered. Now, the President present debts. Although it has been said on this floor that the instituof the University explains its financial condition, and that of its different funds, and shows the extent of its properties, as follows: And these funds are invested in the best securities that can be obtained, which securities are deposited in the office of the Treasurer of the State. There is no danger, therefore, of any pecuniary loss being sustained hereafter; indeed, no possibility of its occurrence. That is the condition of the University of California. It is a strong institution-strong from the magnificent endowment of Congress, and $376,259 02 strong from the large donations derived from private sources, both of which exceed in the aggregate a total of ten millions. $276,242 17 This institution exists in a conglomerated form. It is open to both sexes. It is intended for all classes. It is subservient to all interests. It is designed to give the student the advantages of one department or of several, or of all, in his election. There is no distinction of personsall men stand there alike, upon a common platform. Permit me to read further from what President Gilman says, in reference to the advantages which the poor enjoy in common with the aflluent: "One of the best characteristics of the American colleges is the bringing together, on terms of equality, free from artificial and conventional distinctions, young men of different pecuniary conditions. The sons of the rich and of the needy grow up side by side, and the honors which they receive from one another, and from the Faculty, are bestowed without any reference to the homes from which they come. Thus year after year many of the highest distinctions are bestowed upon those whose struggles for an education have been carried on in the face of extreme poverty, and sometimes of other great embarrassments. In the University of California, as in other kindred institutions, the honors of literary and scientific distinction are thus bestowed upon the most meritorious, without any reference to their antecedent training. It is a great advantage of a system of public education, particularly in this country, that it brings together, on terms of complete scholastic equality, those whose $652,501 17 material circumstances differ so widely. Almost every college of the country has found it expedient, in some way or other, to provide suitable encouragement to young persons while pursuing their courses of study. During four years of the history of the University of California, there were five scholarships the incumbents of which received each an income of three hundred dollars per year, from the beginning to the end of their course, and some of the most meritorious scholars here graduated owe their education to this timely assistance; but the change in the law effected by the Political Code abolished these scholarships, and no such aid is now given. $66,392 69 $440,631 37 --$1,821,675 65 "What have the Regents of the University to show for their expend iture? "1. They have secured a corps of professors and instructors of ability and reputation, and established a curriculum of studies which, for its range and variety, bears comparison with the oldest and best endowed institutions in the Eastern States. "2. They have, in the course of nine years, succeeded in establishing an institution of high grade, which already assumes an acknowledged rank among the Universities of our country-in which instruction is imparted in all branches of culture and useful knowledge, free to all residents of California, both male and female. No money consideration can represent the value of such an institution to the State. "3. The amount expended for instruction in its various forms, for free scholarships, and for support (during a short period) of a Preparatory Department, has of course, gone beyond recall. For this they have nothing tangible to show. It is represented by the knowledge imparted to hundreds of the youth of our State. It will assuredly bear its fruits in time, in e form of wise statesmen and legislators, accomplished scholars, original thinkers and investigators, able jurists, public benefactors, and virtuous citizens. Dollars and cents cannot represent the value of these contributions to modern civilization. "4. But, aside from the intangible blessings conferred by the University, the Regents have properties of great value to show for the money expended. The State now owns: (1.) Two hundred acres of land at Berkeley, with cost of ornamenting, gracing, and improving site-valued at. (2.) Three first class buildings at Berkeley, with the furniture of the same (3.) A museum, embracing extensive collections of geological, mineralogical, botanical, and ethnological specimens; also, works of art, etc., mostly private donations. (4.) A library, containing over 14,000 volumes-expended by Regents. Private donations (estimated value).. (5.) Collections of apparatus, physical, chemical, and other aids to instruction (6.) Eight (8) cottages for students (7.) Gymnasium building-recently the gift of Mr. A. K. P. Harmon (8.) Printing office property. Printing press-gift of Dr. Samuel Merritt (9.) Propagating houses, barn, farm implements, and orchard containing (11.) Toland Medical Hall, in San Francisco-a gift from Dr. H. H. Toland $250,000 "The authorities of the University, however, have done all in their power to throw into the hands of those who wished it opportunities to earn money in various ways. Some students have given private instruction to other students who needed assistance in their studies; others have been employed on holidays and in vacations, and in their leisure hours, in rendering assistance in various manual occupations, both in work upon the grounds and elsewhere; some have taken care of the buildings, and some of the heating apparatus. "Another agency by which many have found it convenient to add to their income has been employment in the printing office. The printing office was commenced soon after the University was removed to Berkeley, by the purchase of type and a press at a cost of one thousand three hundred and fifty dollars, which was given to the University by one of the Regents Subsequently, the Regents appropriated the sum of two thousand five hundred dollars for the purpose of expanding this office. It has been found an exceedingly convenient part of the apparatus at Berkeley, and has been the means also of imparting to many of the students a knowledge of a useful art, and of enabling many deserving persons to add considerably to their income. So far as students have desired work in connection with the farm and garden they have been allowed the opportunity, and in this, as in all other cases, have been paid the usual wages for their labor. At the same time it should never be forgotten that the scholastic duties of the various courses of instruction are so severe as to task all the powers of the young men who are here studying, and to diminish their capacity for manual labor. The ability to add to one's income by hard work while pursuing a course of study varies very much with individuals. Some are able to do a great deal in this way without impairing their standing as scholars; but, as a general rule, it is obvious that the chief business of every student should be the mastery of his lessons. "A Students' Loan Association has been organized by a number of liberal gentlemen, though as yet no funds have been paid in. To this association we may look with confidence for aid in the future to deserving students." Sir, an institution of that kind should be tenderly fostered and cherished by the State and by the people. It should be beloved by every citizen, and guarded with a zealous care. I trust this Convention will 18,000 stand by it and refuse to obey the behests, or be beguiled by the artifices, 17,000 of those who seek to destroy it. 50,000 25,000 7,000 1,500 4,800 MR. MORELAND. I move that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. THE PRESIDENT. Gentlemen: The Committee of the Whole have instructed me to report that they have had under consideration the report 40,000 of the Committee on Education, have made progress, and ask leave to sit 75,000 again. 2,600 68,530 ADJOURNMENT. MR. TULLY. I move that the Convention do now adjourn. And at five o'clock P. M. the Convention stood adjourned until to-mor$1,022,450 row morning, at nine o'clock and thirty minutes. OF THE CONSTITUTIONAL CONVENTION. ONE HUNDRED AND SEVENTEENTH DAY. The Convention met in regular session at nine o'clock and thirty min- PRESENT. Reynolds, McComas, Rolfe, Ayers, Barbour, Barry, Huestis, Barton, Hughey, Beerstecher, Hunter, Beleher, Inman, Bell, Johnson, Biggs, Jones, Blackmer, Joyce, Boggs, Kelley, Boucher, Kenny, Brown, Keyes, Burt, Kleine, Campbell, Laine, Caples, Lampson, Stevenson, Casserly, Larkin, Stuart, Chapman, Lavigne, Sweasey, Charles, Lewis, Swenson, Condon, Lindow, Swing, Cross, Mansfield, Thompson, Davis, Martin, of Alameda, Tinnin, Dean, Martin, of Santa Cruz, Townsend, Dowling, McCallum, Tully, Dunlap, Turner, Estee, McConnell, Tuttle, Evey, McCoy, Vacquerel, Farrell, McFarland, Filcher, Freud, Garvey, Glascock, Gorman, Moreland, Webster, Grace, Morse, Weller, Graves, Murphy, Wellin, Hager, Nason, West, Hale, Nelson, Wickes, Harrison, Neunaber, White, Harvey, Ohleyer, Heiskell, O'Sullivan, Herold, Prouty, Herrington, Pulliam, Hitchcock, Reed, ABSENT. LEAVE OF ABSENCE. Van Dyke, Van Voorhies, Walker, of Marin, Walker, of Tuolumne, Wilson, of Tehama, Wyatt, Mr. President. Indefinite leave of absence was granted Mr. Edgerton. THE JOURNAL. 1113 gate with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war to repel invasion or supsome single object or work to be distinctly specified therein, which law press insurrection, unless the same shall be authorized by some law for shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such debt or liability within twenty years of the time of the contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and discharged; but no such law shall take effect until, at a general election, it shall have been submitted to the people and shall have received a majority of all the votes cast for and against it at such election; and all moneys raised by authority of such law shall be applied only to the specific object therein stated, or to the payment of the debt thereby created; and such law shall be published in at least one newspaper in each judicial district, if one be published therein, throughout the State for three months next preceding the election at which it is submitted to the people. THE PRESIDENT. If there be no objection it will be ordered printed and referred to the Committee on State and Municipal Indebtedness. EDUCATION. MR. WINANS. Mr. President: I move that the Convention resolve itself into Committee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Education. Carried. IN COMMITTEE OF THE WHOLE. THE CHAIRMAN. Section ten and pending amendments are before the committee. The first question is on the amendment offered by the gentleman from Los Angeles, Mr. Howard, to add to the section: The Regents and managers of the University shall provide for instruction in agriculture, mechanic arts, mineralogy, and the applied sciences." MR. HOWARD. Mr. Chairman: If there is no objection, I will change the word "mineralogy," to the word "metallurgy," as that is the word used in the Act of Congress. MR. MORELAND. Mr. Chairman: It was not my intention, sir, to say anything upon this subject, but section ten of this article, as reported by the Committee on Education, contains such extraordinary propositions that I cannot suffer it to pass unchallenged. Now, sir, in the first place, we are called upon, in section ten, to continue the University of the State of California in its organization and government, perpetually in its present and existing form and character. Now, sir, I do not know that that institution, at this time, has any particular form, or has yet inade a character. That institution is yet in embryo in this State. That institution has only been in existence some eight or nine years. It has assumed no particular form, and I think it would be unwise in us to say that that institution should be continued in its existing form. always been my opinion, sir, that it required time, that it required It has decades and centuries for institutions to make a form and character that ought to be perpetuated. We are not only asked to continue this institution in its present form, but in its present character, whatever that character may be. I do not know what it is. It may be good, it may be indifferent. This institution asks us to give it a certificate of character, and it not only asks us to do that, but it asks us to give it a certificate which we cannot possibly revoke, no matter what naughty things it may do hereafter. That is one proposition that we are called upon to indorse; another is, that we are called upon to indorse, in this section, the several Acts of the Legislature of this State, in reference to that sec MR. LINDOW. Mr. Chairman: I move that the reading of the tion. Now, sir, in eighteen hundred and sixty-two, the Congress of the Journal be dispensed with and approved. United States passed an Act entitled "An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic arts." I wish, gentlemen, to notice the title of the Act. In section four of that Act we find the following language: from the sale of the land scrip herein before provided for, shall be And be it further enacted, that all moneys derived from the sale of the lands aforesaid, by the States to which the lands are appropriated, and stocks, yielding not less than five per centum upon the par value of said invested in stocks of the United States, or of the States, or some other safe stocks; and that the moneys so invested shall continue a perpetual fand, as may be provided in section fifth of this Act), and the interest of which the capital of which shall remain forever undiminished (except so far shall be inviolably appropriated, by each State which may take and tenance of at least one college where the leading objects shall be, claim the benefit of this Act, to the endowment, support, and mainmilitary tactics, to teach such branches of learning as are related to without excluding other scientific and classical studies, and including agriculture and the mechanic arts, in such manner as the Legislature of the States may respectively prescribe." What I particularly want to call attention to in this section is, that seems to me that under that language the Legislature of this State could of this Act. Now, sir, it seems to me that that language is plain. It the interest of this fund shall be inviolably appropriated to the objects not divert that fund. It seems to me that they could not consolidate that fund with another; but, sir, they have done that thing, or they have attempted to do that thing, and we are called upon to ratify these ground. In the year eighteen hundred and seventy-eight-last yearthe ninteenth day of March, an Act was passed consolidating the funds acts of the Legislature. I say that we are treading upon dangerous which the State had control of, the funds of the University and this agricultural fund, and placing it in the hands of the Board of Regents of that institution. The funds which have been given for the support of this University, consist, in the first place, of the old original College of California and its property, which was turned over to this University; the ten sections of land which were given to this State for public buildings; the seventy-two sections which were donated to the State for the use and benefit of the University; and the sale of the tide lands, which I believe at the present time amounts to a little over eight hundred thousand dollars. That is what is called the University fund. It is a separate and distinct fund, calculated for the purposes of the University. But the Agricultural College fund is the proceeds of the sale of the one hundred and fifty thousand acres of land donated to this State, under the Act of Congress of July second, eighteen hundred and sixty-two. That is another fund. It is a separate fund, and has no connection whatever with the University fund. But in the year eighteen hundred and seventy-eight the Legislature of this State consolidated this agricultural fund with the others, and said that the money so invested shall constitute a perpetual fund, to be known and designated as the "Consolidated Perpetual Endowment Fund of the University of California." They consolidated this fund with the others, and they say that they shall constitute a Consolidated Perpetual Endowment Fund of the University of the State of California, in direct contra liction of the terms of the grant of Congress, it seems to me. The second section says: "That all interest, profits, or revenue, arising from or growing out of said Consolidated Permanent Endowment Fund of the University of California,' shall be placed in the general fund of the University, and subject to disbursement to meet the current expenses of the University of California." trust. Board of Regents. But they have gone farther than that. They have placed this University in the charge of the Board of Regents, and they have given charge of all these funds to that Board. They have further said this Board of Regents are not officers of the State, but it is a private In another Act they place these funds under the control of this Now, sir, we see here that the Legislature of the State, in direct contradiction of the terms granting this land to the State, have consolidated this fund with the other funds of the University, and have placed it in the hands of this Board of Regents, to disburse in whatever manner they see fit, whether it be for the benefit of a College of Agriculture or whether it be for the benefit of other branches of that institution. Now. sir, the fame of this section ten of this report of the committee, I see by the morning papers, has reached the State of Kansas. On the last page of the Record-Union of this morning, fourth column, will be found the following from the Western Homestead, published at Leavenworth, Kansas: That illus "If Congress should appropriate half a milion of dollars to each State for the maintenance of a plow factory, and the Legislatures should use the money for the manufacture of astronomical telescopes or gilt-edged Hebrew dictionaries, people generally would indulge a faint suspicion that the Congressional appropriation had been grossly perverted; and, in due time, there would be an able-bodied row about it. tration is not a bit too strong when one seeks to set forth the difference between industrial colleges for the education of the working classes, and universities for the education of the professional classes. Yet Kansas is the only State in the Union which has fully recognized this difference and squarely shaped its course accordingly. In a few other States the agricultural college is a distinct institution; but in a great majority of cases it is only a department' of some more or less high toned university.' And, too, in the few States where the agricultural college is a distinct institution, the course of study is precisely that of the professional colleges with lectures on agriculture' added. "From the inevitable logic of things, such colleges must grind out precisely the same graduates as do the professional colleges; and, therefore, such colleges must and inevitably will be failures, in the matter of giving a practical industrial education as distinguished from gilt-edged professional education. Nobody claims that the daily work of the lawyer is in any respect like that of the farmer or mechanic. Nobody claims that the same knowledge, plant growth for example, has the same practical value to the lawyer that it has to the gardener. And how anybody, who hasn't an axe to grind, can claim that the best education for the lawyer is the best education for the future farmer, is one of those dark and bloody mysteries which defy all logic as well as all common Eense. "And yet, with a few rare exceptions, the Congressional endowment for industrial education has been boldly and bodily gobbled up by the professional Universities in the several States; and, after consummating the fraud, the several Boards of Trustees of these Universities have patted themselves on the back for their arduous labor in the cause of education,' and have thanked a justice-loving God for enabling them to hook for their particular University so fat an endowment! Nevertheless, these same gentlemen would be the first to denounce the fraud of an executor who should use money bequeathed for the building of wagons for the very different purpose of making astronomical telescopes. Perhaps not more glaring than many other instances, but certainly more recent, is that of the University of California, which prides itself on having all the latest agonies in the shape of twelve-buttoned classics,' and kid-slipper fossils.' Its Board of Management is a close corporation, filling all vacancies. The institution has a fine endowment in its own right. And it now seeks, by a clause in the new Constitution of that State, to forever secure to itself the million or more granted by Congress to an Agricultural College,' and which million or more it gobbled several years since, despite the protest of the farmers and mechanics of that State." SPEECH OF MR. WICKES. As my MR. WICKES. Mr. Chairman: I must say that I am heartily in favor of the section as reported with the amendment proposed. It is difficult for me to estimate or weigh the temper of this Convention. I trust that it will sustain this section and sustain the University. We should build our educational structure upon a broad basis, and then we can elevate it higher as we proceed. I make an appeal to you for the State University. I am for it, first, because it represents a higher and progressive education. It takes the High School graduate by the hand and leads him to the highest education this State can give. young friend, Mr. Freud, eloquently said yesterday, the workingmen by all means should sustain the University. It is open alike to the rich and the poor, to the male and the female. It is true there are some rumors floating about in the popular mind that the funds have been mismanaged; that funds set apart for special purposes have been misapplied; that undue prominence has been given to some studies to the exclusion of others; that the useful has been sacrificed to the ornamental: that the standard of morals in the University is low; that the discipline is loose; that the teachers are inefficient, and that the institution is worthless. Now, I say these are floating rumors. Some of them originate in the minds of those who are interested in doing away with the institution. Others in the minds of some who are hypercritical and fault finding. I see nothing tangible in these rumors, but I do say if there are any reforms needed in that institution, we here in this section deputize the Legislature to attend to them. The Legislature should direct the conduct of that institution, the principle upon which it is to be conducted, both as to the study and the discipline, without going into the minutia. The Legislature should sharply define the responsibilities of the Regents and hold them to a strict accountability for its management. They should inquire into its management, from time to time, and see that strict discipline be enforced; that due prominence be given to the studies of agriculture, mining, and the mechanic arts; that its luster from the British Universities, and go ahead of them by identifycourse embraces the cumulated knowledge of the age. Let it borrow ing itself more fully with the spirit of the times. Again, let it teach a pure morality. Let it foster the spirit of, religion for the end of all knowledge is to recognize in the forces of nature that will power and intelligence which pervades the universe; for the end of all knowledge is to have glowing conceptions of the wisdom, power, and glory of God, and be brought into harmony with his laws. Let the teachers of that institution be God fearing-men, for I tell you that moral and mental aptitudes are hereditarily transmissible, and are modified by the laws of society. Let the University be guided and directed by the spirit of Anglo-Saxon civilization so auspiciously inaugurated by Albert the Great, and it will be a monument to perpetuate our greatness as a State, and the memory of that good man and eminent scholar after whom it is so signally named. MR. WEBSTER. Do I understand that the amendment of the gentleman from Los Angeles, is withdrawn? THE CHAIRMAN. No, sir. It is not. SPEECH OF MR. WYATT. MR. WYATT. Mr. Chairman: I do not like section ten, as reported by the committee. I am inclined to think, sir, that it would be going it too much blind, to use a homely phrase, for the Constitutional Convention to adopt the University of the State of California, with all of its officers, flesh, blood, and bones, together with all that it has done, good, bad, or indifferent, with all that it proposes to do in all future time, and canonize it as being the perfection of wisdom and goodness, and crystallize it into a monument that never could be changed by any future age or people. I am therefore opposed to the section, and am opposed to the amendment of General Howard, upon the principle that it would do no good as attached to section ten, and is not sufficiently comprehensive as a substitute for section ten. Now, sir, in the Chronicle of yesterday, among the telegraphic dispatches from Washington, is a statement that Mr. Davis, the Congressman from the San Francisco district, has introduced a bill in Congress, at the request of the Regents of the State University, asking that Congress pass a law to confirm to the University forty-five thousand acres of land, I believe located in excess of the one hundred and fifty thousand acres granted by the Congress of the United States in the Agricultural Act of eighteen hundred and sixty-two. The dispatch states that Mr. Davis said, that while he introduced it at the request of the Regents of the University, he withheld his approval of the bill until he knew what the merits of the bill were. The Act of Congress of eighteen hundred and sixty-two, granting land to States for agricultural colleges, granted to the State of California one hundred and fifty thousand acres. It seems that in taking up this one hundred and fifty thousand acres there has been taken forty-five thousand acres in excess of what was granted by the Act of Congress, and as it has been sold to private parties, and as it is not probable that title can be perfected from the United States, unless by the passage of an Act of this kind, it would leave the State of California with a large law suit, and she might be compelled to confirm title to forty-five thousand acres of land. I am opposed to the State of California being invited to that law suit, and possibly to that fraud. I am opposed, again, to section ten, as reported by the committee, because the Act of the last Legisla ture, as I understand it, consolidated the funds which belong to the University of the State of California and the funds which have been derived by the State of California under the Agricultural College grant of eighteen hundred and sixty-two. There has been realized from that, I think, about four hundred thousand dollars, and the probabilities are that there will be realized from seven to eight hundred thousand dollars. If it should turn out in the future that the Act consolidating the Agricultural College fund with the University fund should forfeit the Agricultural College fund, then it would be that the University of California |