The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-02-17
ATTORNEY GEsHRAL's OFTIcE,

OF. fAUI, Oct JJtn, 1893. \
u. II. SiBLsY, Governor OF Minnesota.
SIR; A 10 whether the Bonds to be issued
under the Act Of March sth 1864, entitled "An
Act to authorize the Regents Of tho University
Of Minnesota to borrow money" arc public
stocks and as such receivable by the Auditor
under the General Banking Laws, as basis
for banking in this State, ! have to submit the
following NJ the result Of my invest cations.
by All Act ot the Territorial Legislature ap-
proved Feb. T. ISL, IAN institution under the
name and style Of the University OF Minnesota"
was established.
Its object was declared TO be 40 provide the
inhabitants Of the Territory with the means OF
acquiring u thorough knowledge Of the various
branches of Literature. Science and the Arts
lts Government WAS vested in a Board Of
twelve Regents, 10 be elected by the l.egisla.
turs. The Governor was 10 Ill all vacancies
In the Board, that might happen, until the ue 1t
meeting OF tho Legislature thereafter. when
such vacancies were TO be filed by that body.
Tho Board Of Regents and their successors IN
office. were TO constitute u body corporate
with the name aud style OF the Regents OF the
University OF Minnesota, with the right as
! such, Of suing and being sued, Of contracting
and being contracted with. Of making and US
ing common seal, and OF altering tho same at
pleasure. II was further declared that "the
! proceeds oi ell lands that may hereafter bs
granted by the United States To the Territory
Tor the support OF u University. shall be aEd
remain a perpetual fund, 80 be called the Uni
ysrsity fund, the interest upon which shall be
appropriated TO the support OF the University"
Tho remaining portions of the Act are devoted
IA the location, organization, aud general n.
duet of the institution.
by Art. ., soc, I, Of the Constitution OF the
state, II IL provided that :" the location OF tha
University Of Minnesota As established by ex-
isting laws, is hereby confirmed, and said lnsti
tuition is hereby declared to be the University
OF The state OF Minnesota. All the rights, i'm
munities, franchises, and endowmeHts, hereto.
fore granted OF conferred, are hereby perpeiu.
a,cd unto the said University anI al! iauds
which may hereafter be granted by Congress,
or other donations for University purposes,
shall vest IA the Institution referred 10 In this
section.
The Regents Of the University and their .uc
ccssors IN Office were originally a body corpo.
rate, with distinctive powers, duties aud liabtl
tiles, and ~ sueh still remain. The provision
Of ihe Constitution above quoted does nothing
towards merging such corporation. but permits
II as heretofore to retain ia separate corporate
existence and powers. Tho answer TO the
main question IN tins ease seems to depend
upon the relations which the State, the INT
versi'y ana this body corporate sustain ~ each
other Mt-apprehcusion arises, or may arise
from tho rather peculiar sense in which the
terms used by the Legislature are likely to be
understood.
It is proper 20 enquire what is ait ant by Ian
institution under the name and style Of the Uni.
versity of Minnesota" lis not IN itself body
corporate, or In any way connected with or a
part OF tho corporation or Board OF iegents.
who 10y the Ac, have the goyerumsg, # II. II
has an existence in the eve or the law but
not corporate one. II IL an object in which Q
corporation or individual ma expend their
care. labor aud money a. spon any other piece
al for nNamul.a
states PRISON buildlGgs IL ia not intaugibl
bat by tie Constitution a. well A. BY laws OF
PRIOR enactment, II u recognized a. susceptible
Of dshn'ts 1oeaiioa. THIS cannot he tree OF q
corporation merely. A body corporate may in
i,s place OF business be confined TO particular
locality. Bias that Is one and quite df'ercut
thing nom the location OF the corporation Il.
sell.
III true, a. IN section 10 of the or ig,nal act
the Legislature uses language Which might
bears different construction: buttsken with the
rest Of the sctthc words referred tow III amount
only 70 the designation OF the rules govern.
ing the internal arrangements OF the Institution.
The same thing il true OF the state Prison
buildings, which all eoucede 10 be the proper
~ 81 the STATE.
think w may safely Assume that the Legs
lsiuro IA thc asc OF Ia ~ words hAi IN view 4
building, or buildings, adapted TO educational
purposes in which the Ave departments" a.
rediifcd Oy STATUTE, should De organized. and
act eonjoihtly IN furnishing The means Of &C.
curing s,korsu9h knowledge OF the various
branches Of literature, science aud the arts, or
IN other words, the University Buildings. AMI
the University " Minnesota to be loc.ted a,
OF near the Falls Of ~. Anthony, are for all
purposes easciHg the question under CoLshle-
lat on one and the sane.
The eject OF the Coasuia,5on.l provision
above referred - IL 80 affirm The location OF
tAs University property when the same hal
sesn established under hc authority Of the
statute, and ~ accept the ssms A. The property
~ the state, A. pTior 30 that AIEe II hsi been
The pro- eriy Of the Territory, ina.ienah.e even
BY shs Legislature without , change in The con.
stilai'on in this particular. II went .til further
and pus u oat .; the power ct tAs Legislature
~ avert trom this conshtU,ioa any oi the pro
Psf'y, rights ami 'taneh.se, before that time,
Or which nigh, Al any tlmr after the adoption
OF Nc constitution he donated or appropriated
Tor aisersity purua...