The daily morning journal and courier., 1895-07-09
CASE OF YALE YS. ST0RRS
THE oIAIM OF THE COLLEGE FOR
 D1BIAGIgS.

of Counsel-History of the Controversy
 Over the Government Agricultural Funds
 --Ex-Governor ingersolls Arsument-
 Judge Stoddard Assists.
 Hartford, July S.--EX-Chief Justice Park, state referee, Dwight Loomis and
 the Hon Henry c. Robinson, the arbi-
 traitors in the suit of Yale university
 against the state of Connecticut to re-
 cover the government allowance to
 Connecticut from the United States
 fund for agricultural colleges which
 has been diverted to Storrs agrlcultu-
 ral college met lp the supreme court
 room at the capitol this afternoon. The
 case for Yale was presented by ex-
 Governor c. R. Ingersoll and eX-Judge
 Henry Stoddard of New Haven.
 The commissioners are eX-Judge
 Dwight Loomis of the supreme court,
 the Hon. Henry C. Robinson of this
 city, and ex-Chiefs Justice John D. Park
 of Norwich. The counsel representing
 the college was ex-Goverpor Charles R.
 Ingersoll end ex-Judge Stoddard of New
 Haven. United States Commissioner
 George r. Mclean represented the state
 treasurer and eX-Congressman William
 E. Simonds represented the state, under
 appointment from Governor Coffin. The
 principal of the agricultural fund is
 $135,0 ,000, the interest of which is to be
 devoted to the maintenance of agricul-
 tural and industrial instruction. Elk
 Governor Ingersoll made the first argu-
 ment before the commissioners. He
 claimed, that the state appropriated the
 whole of the beneficial interest in the
 fund to Yale college. contract was
 also entered into with the college to
 maintain the course of instruction re quired under the congressional act.
 The endowment did not depend upon the number of students sent by the state. If there were no pupils the en- dowment would still continue.
 In 1890 United States congress passed another act for the more complete in doreement under the act of 1862. This act provided for annual appropriations. The ex-governor claimed that the pro- ceeds from the act of 1890 essentially and unreservedly belong to Yale col lege. The funds belong inviolately to the college. The state of Connecticut by the act of 1898. relating to the funds has taken the property of Yale college and appropriated it toits own uses. The state has not released the college from any of the Obligations to maintain courses of Obstruction required under the act of congress in 1862.
 United States District Attorney Mo r tinsisted at the opening of the hearing that the claims of the college should be confined to the written statement that had been furnished the counsel, no facts outside that statement to be con sidered in the arguments. This point | was sustained by the commissioner, and the presentation of the case by ex-Gov- ernor Ingersoll was made on that line. Ex-Congresstnan Simonds, counsel for the state, stated in passing that no agreement of counsel heretofore made should be hid to waive the right of the state to claim hereafter in proceedings ] begun in the United States circuit court that this proceeding recognized the va lidity of the Connecticut statute in ques- l ton. The state denied that Yale col | lege is entitled to any damages.
 Ex-Judge Stoddard presented the re- ports of the boards of visitors of the Scientific school, relating to the state scholars in the institution under the act of the state. Ex-Congressman Si- monds objected to the report as evi- dence not warranted. This brought on | a legal contest in which the ex-governor took an active part. MT. Simonds said l that If the reports were put in to show that the college had fulfilled its con tract, he should deny that the con- tract had been fulfilled. The ex-gover- nor maintained the admissibility of the reports as res gestae, showing the scope and execution of the contract. They l are really the official declarations of the state In its relations with Yale college
 MT. Simonds held that only. the laws and the contract in question should be considered.
 MT. Simonds said, in answer to 8 ques- | ton from Commissioner Robinson, that
 the act of 1893 does not take away g dollar from Yale college of the fund o1
 1882 The act requires the college to ed. ! ucate the state pupils at the same cost that other pupils are educated. Twice | the sum has been taken by the college | for the state work that has been re. | quired of other pupils.
 At 1 o'clock, President Loomis of the commission ordered a recess until o'clock.
 The gentlemen present at the hearing included Dr. Bowen of the state grange
 Professor Rooms of Storrs, Major Sam. uel H. Seward of Putnam, Professors Brush and Lounsbury of the college and Treasurer Farnam of the university. l AFTERNOON SESSION.
 At the opening of the hearing this afternoon, President Loomis said il seemed best to admit the evidence that
 was offered by the counsel of the uni versity, subject to any objection that may be offered by the counsel for the state and the treasurer. It was not | desirable to make any technical rulings at the present time, The protests ot l the college against the legislation by the general assembly in 1893, summarie: | of reports were admitted. The amount of the national appropriation under the act of 1890 for the current year is tt
 be included in the amounts in contro versy.
 i MT. Simonds stated to the commis
 sioners that one week would be re
 quired to obtain evidence that Yale
 college has not complied with it's con I trapt aS that coi1rsa will haua Th bt