The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-31
THE "CULLEGE BILL. !"
And the Veto by Governor wells.

islature bill relating to the incorpo-
ration of colleges and universities was
introduced in the house and referred
to the committee on judiciary. This
committee carefully considered the bill
and reported it back to the house with
the Recommendation that it be passed.
The house adopted the report of the
committee and the bill was passed
without opposition. The bill was then
sent to the governor, who, on March
&c, returned it to the house without his
approval. 1t was again referred to the
committee on judiciary and, in con-
nection with the governors message
of disapproval, was carefully re-exam-
| ined. At the morning session today,
March 30, this committee submitted its
report, unanimously recommending the
passage of the bill, Notwithstanding the
| governors objections. The report of
! the committee was unanimously adop
ted and the final consideration of the
| bill was set for tomorrow at 1890
This bill provides for the incorpora-
/ ton of any college or university within
! the state that has an endowment of
! 100000, or more; and grants TO the
lister the property intrusted to them in
conformity with the directions and linn
! itations contained in the act or acts
| of donation; Ito accept and administer
other donations and to apply the same
IS may be prescribed in the act or in
/ strument by which the same are made;
| to make rules, regulations and bylaws
! for the government of their board ana
the institution; to appoint a president,
~
any other necessary officers or agents,
and to fix the compensation of each,
TO erect within and as departments OF
/ said Institution such schools and col
leges OF the arts and sciences and pro-
| LESSONS as to them may seem proper,
and to confer such degrees and honors
as are conferred by colleges and uni
| VersitieS OF the United States; and 10
borrow from time TO time, for the pur-
pose of said institution, such sum or
sums of money as they may see Mt
and to secure such loan or loans by
mortgage or trust deed executed by
their president and secretary upon
their college or university buildings
and grounds or otherwise, as they shall
/ deem eXpedient."
The principal objection to this bill
by the governor and others who are
opposed to its passage seems to be dnat
the state is not justified in certifying
10 the diplomas" of private colleges
and universities without establishing
a. supervisory system over them In
his message of disapproval the gov
| ernor says: There appears to be no
need of additional legislation TO pro-
vide for the mere Incorporation of any
college, university or other educational
institution, as existing laws make sucn
| incorporation possible and easy rms
is shown by the fact that some sucn
/ institutions have already incorporated
in Utah The main effect of thlS Dill,
should it become law, VIII be to del
egate authority of the state in the
matter of bestowing degrees"
The governor further objects to the
bill on the ground that the S10O,OO0
endowment which an institution must
have secured before it can incorporate,
is entirely inadequate" and ADDS:
AN institution equipped so meagerly
is to receive the authority of the state
to call itself college or university
and to graduate its students with
academy's honors. 1t seems to me
that under such a law Utah degrees
would become exceedingly cheap and
of correspondingly low value, and that
the state would acquire proportion
ately cheap reputation
From the above it is evident that
there is misrepresentation of the pro-
visions of the bill under discussion,
and of the effect its passage would
have upon the higher educational work
of the state. In the first place, there
are provisions in every state in the
Union whereby private institutions of
learning either receive the charters d.
rectly from the state legislature or OBJ
tain them under a general law provid-
ing for their Incorporation. AS illus
trations of the former the following in
situations may be named:
Harvard university, chartered In 1864
by the general court of Massachusetts,
with an endowment of less than $1,000;
it's charter ha7 been re-enacted during
the present century by the state legis-
lature. Tufts college of Boston. found
ed in 1852 under a charter granted by
the legislature of Massachusetts.
There was no specified endowment of
the college at the time the charter was
granted. although an endowment of
upwards of one hundred thousand dol
lars was secured before the college
| was opened for the admission of stu
dents. Boston college and Boston uni
versity. Boston; Yale university, Con-
necticut; Brown university, Rhode
Island; Bowdoin college, Maine;
Amherst, Williams and We'll
lesley colleges of Massachusetts
Central Tennessee college, Tennessee
oberlin college, Ohio; Union college
New York, all OF which received theil
charters from the state legislature. II
the charter Of Wellesley college. grant
ed in 1873, is this provision: THE cor.
poration OF Wellesley college is author.
lied to grant such honorary testimcni
ais, and confer such honors. degree.
and diplomas, as are granted or con
ferred by any university. college, Oh
seminary of learning in this common
wealth" There are similar provision.
in the charters of all the institution.
named.
Among the institutions that have beer
incorporated under state laws are I'm
ion university, New York, 1873; Vassa1
college. New York, 1851; Colorado col
lege, Colorado. 1874: and all the private
institutions of Nebraska and Other
western states. In Nebraska an insti
tuition must be in possession of an en-.
dowment of 100000 before it can in
corporate. So far as known, no othel
state requires any specific endowment
for Incorporation.
In this connection it is important to
! note, that of the hundreds of colleges
! and universities throughout the United
States that have received charters or
articles of incorporation, there is not an
institution, OF which we have any re-
cord, that lis not granted in its charter
or articles of incorporation the power to
I confer degrees Indeed, the establish
! ment of q college or university presup-
I poses the right of issuing diplomas and
comforting degrees, in evidence of the
completion of certain stated courses.
Through the enactment of law, how