The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1890-12-24
The Rhode Island Decision.

the Rhode Island Decision.
A decision was recently made by the
supreme court of Rhode Island in ref
erence to agricultural colleges which
has been giving the University of Ver-
mont people vast deal of comfort, if
the remarks of the Free Press on the
subject can be taken as true index
of their feelings. The original report
of the decision was somewhat indefinite,
and it was this very indefinteness that
made it acceptable to the Burlington
folks. In general, off hand way, they
could say that the supreme court of
Rhode Island had given a decision
against the new agricultural college of
that state and in favor of Brown Uni
versity. Within few days, however,
the full text of the decision has APP
peared in print, and it takes the bot
tom right out of the claims of the Uni
versity of Vermont. A quotation from
the decision will indicate the point at
issue in Rhode Island, and the position
of the court in reference to it. The
decision is addressed to the governor of
the state. The court says:
The first question propounded to us is,
Which of the two institutions above named,
the college or the school, is entitled to re-
ceive the money now due under the act of
congress approved August 80 1902 We
have to say, in answer, that we can see no
grounds on which the money can be prop
erly claimed for the agricultural school.
| By the expressed terms of said act of con-
gress the money is appropriated to be paid
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
which may hereafter be established in ac
Cordance with an act of congress approved
July ,, 1862, and the agricultural school is
not such college so established. There is
nothing in said chapter 706 that indicates
that it was intended to be so established
and your eXcellency does not state that it
was in fact so established 1t does not pur-
port to lie college for the benefit of agri-
culture and the mechanic arts, but it only
purports to be an agricultural school"
No fault can be found with this de-
cision. 1t is plainly just, simple ex-
PLANTATION Of the phraseology and in
tent of the act of 1890, as well as that
of 1862. 1t says that these appropri-
ations of government money were
made for schools of agriculture and the
mechanic arts. They can not be used
by institutions which do not support
both departments of instruction. The
agricultural college in Rhode Island
does not support department of me-
chanic arts. Therefore it can not have
the government money. What could
be clearer, what more reasonable? But
now let us apply this decision TO the
University of Vermont. If that insti-
tuition supports departments of agricul-
ture and the mechanic arts, it is en-
titled to the money in case the state
so decides If it does not support both
apartments, it has no legal or moral
right to the money even If the state
has voted to give the same to it. The
University of Vermont has an agricul-
tural department-an apology for one,
it is true, but it may, by courtesy,
be called an agricultural department.
1t has, however, no department of me-
chanic arts. Its courses in engineering,
mining and chemistry are all that could
possibly be called mechanic arts"
but they are not such. Mechanic arts
have to do with practical work on
metals, wood, etc. No professor in
technical education would think of
calling engineering, mining and chem
istry mechanic arts" The term is
perfectly definite and well understood.
We are therefore compelled by the de-
cision of the Rhode Island court-a
sound decision, toto conclude that
the University of Vermont has not
legal, still less moral, right to the ma
tional appropriations which it is now
using.
The difference between the situa-
ton in Rhode Island and that in Yer
mont is that in the former state all the
interested parties-the state, Brown
University, the Agricultural College
and the supreme court--are trying to
reach the absolute right of this matter,
while in Vermont the Burlington in
stitution cares not whit for a right