The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-08-12
-arsrATE UNIVERSITY.


Of waco
vD Herring, Esq, of Waco, after
tn, and merlted mention Of the Won
s's,l progress of Dallas, said that if The
.,,;on submitted 10 the vote Of the people
'S"al,sd the establishment, at this time, Of
~. =. University ofTexss, he would oppose it,
,...u.s the founders of our muniacent en-
ssrr,ent for educational purposes had in
view perfect system, commencing with
cannon schools, then an academy in every
oonnty and then, as the ultima thule, when
,sces:ty required it, q grand university.
Tba masses should primarily have the beue-
4, and the man or party that opposes a
..raral. perfect system of free common
s'ScoIs will be submerged by the
%sro of progress and free thought.
Pnt as the university of Texas has been
,SsIly created, and its locality only referred
IShe people, he deprecated the Indifference
Tnifested, not only on this important guess
ian. but the still more important one, which
vould also be submitted to popular vote
an tbe first Tuesday in September OF amend.
mo the judiciary article of our constitution.
On such great questions the apathy of the
! citizen is more to be feared than the cor
rupton OF the law-maker.
MANY good citizens explain their indifler.
enee as 10 the location of the university by
saving Il nre should be no question about it,
because the fathers of the country selected a
tie for it at Austin, and for this purpose set
spart forty acres of land; and say they've see
no good reason for voting on the subject.
The legislature should have respected the
will of the fathers and located the university
Of Austin.
This opinion is quite prevalentand doubt
less is based upon the first reason contained in
tbe circular of Austin, which is as followa:
aIn 1899 the fathers of Texas dedicated
forty acres at Austin for the university of
Texas commanding and lovely site, un-
ucelled for university purposes in America"
'Fthis proposition be true, then IL properly
,opesls TO the deep feeling of generation
and ssnctity that every good citizen has for
tbs acts of the fathers If it be false, then
iLshlsiLy should be exposed; and instead OF
cstchng and ensnsring the honest votor,
II sQOulu TtCUll upOu NO uutuOl ulG thO
place i! was designed to benefit.
The very fact that the constitution of 1873
creates the university of Texas and provides
ths! its location shall besubmtted to vote
ofthe people, and that the seventeenth legis-
lsture ia obedience to this mandate so subs
nit the question OF locality to the popular
vote would seem to be practically, sutli.
Gent refutation of this claim of Austin.
But the act of January 18th, 1889, upon
which alone tho claims can be predicated,
shows that it is pretended and misconceiyed.
The title is, Gan act for the permanent loca-
lion Of the scat Of government" Every
law must have but one object and that must
be expressed in its caption. 1t is plain
that the obiectof this act was first what il
ssys--"The permanent location of the seat
Of government" and not the location Of the
unveraity of Texas, German to the expressed
object was the founding ofscity. Henceit WAS
named, before its location by the five com
mssioners, for Steven Z. Austin. Aud look
ing TO the municipal interest and general
welfare of said city, 1t was provided in said
act:
"That Immediately after the president re-
ceives tho report of the commissioners it
shall be his duty 10 appoint on agent, whose
duty II shall be TO employ a surveyor and
have surveyed GAO acres of land
on the site chosen by the
commissioners into town lots" and "that
he said agent, before the sale of said lots,
shall set apart sufficient number Of the
most eligible for q capitol, arsenal, magazine,
university, academy, churches, common
schools, hospital, penitentiary, and for all
other necessary public buildings and Pur'
poses" Al,
Austin can With equal propriety claim that
Hthe fathers of Texas" (the agent Judge I'D
win B. Waller, and his unknown Surveyor
located the arsenal of Texas, the
magazine of Texas, the academy of
Texas. the churches Of Texas, the common
schools of Texas, tho hospital of Texas and
the penitentisry of Texas on her "lovely
e."as the university Of Texas.
But AZ tho date of this act no university
for the state Tor republic of Texas had been
created. On the Goth, however, OF the same
month. the same congress passed an aet the
very frat on the subject of education, zap
propriating certain lands for the establish.
ment of general system of education
Wherein 0fty leagues Of land arc set apart for
nthe establishment and endowment of two
colleges or universities, hereafter to DO crea-
ted.n
Tbese institutions were intended for the
Convenience of the people, and were de-
signed 10 DO located, one in the east and one
in the west. No other action was ever had
in regard TO them. ,.,
The first &C. passed which established or
looked 10 the establishment of "The Univer'
ity of Texas" was on the 18th of February
1858. The war intervening no furlba- 'egis-
la,ion appears until the sd"r',on OF our
present constitution and 30 act OF the last
legislature, whereby tho loca.iJn of "The
University of Texas" ia legally and consti-
tutionslly submitted to vote of tho people
as an original question and freed from any
expression of opinion in relation thereto or
the part of the fathers of Texas.
Austin, Waco, Tyler and several othel
places are candidates for your suffrase-Gal
weston and Houston tor the medical depart
ment, and all tho other candidates for the
main university, alone, except Waco, which
has announced for both the main university
and the medical department. =,
In making this announcement tho friends
Of Waco have acted upon their construction
Of constitution and the object ofits fran
ers, as they understand Il, 10 creating the
university ofTexss." 1t is from no grasp
ing spirit or hostility TO either Galveston OF
Houston. If the medical department could
be cons.itutionally separated from tho uni
yersity, other of these great cities would
DO satisfactory, as the vote might deter