The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-12-12
A. & M. COLLEGE
HAS $4,000
FOR ADDITION
Attorney General Strang Ad-
viseS Board of Regents.
WHAT LAWS REQUIRE
Board Given Friendly Counsel
by Attorney
WHAT LAWS REQUIRE

Guthrie. 0. T, Dec. n.-At the request
Of Auditor Baxter. Attorney General
strang has handed down an opinion in
the A. & NJ. college building matter.
Judge Strangs opinion is rs follows:
1.-THE legislature of 1901 provided for a
levy upon all taxable property OF the
territory Of three-tenths of one mill on
the dollar for the year 1901, and q tax Of
1our-tenths of one mill on the dollar for
the year 1902, the proceeds of which lev
les shall be known as the Agricultural
and Mechanical College Building Fund,
and shall be available and used by the
board of regents for the purpose OF con-
structing an assembly hail and quarters
Tor the department of botany and eto-
mology, the same to be an addition to
the library building already constructed,
and engineering building, a smoke stack.
q boiler house, and in centralizing the
heat system, and for the construction
Of a barn on the college farm. The sum
provided for the construction Of the
buildings mentioned shall also cover the
installation Of the heating and lighting
system and of necessary furniture. Pro-
vided that the said board shall not
have the power to contract for buildings
or other things authorized by this act
10 the amount exceeding in the aggregate
the amount to be levied, based upon the
last assessment of taxable property of
said territory for county and territorial
purposes. which shall precede the making
of such contracts.
And, provided further. That the total
purposes authorized by this act shall not
- any. case exceed the sum Of $4,000, and
that any casual balance that may re-
main unexpended shall be used for the
repairing of existing buildings OF the
college and for the construction of fences
on the college farm.
There has been some question as to
the validity Of this law on account of
the manner in which it became a law
That question, however, was settled by
an amicable suit brought by the territory
against the secretary of the territory to
compel him to publish the law. in which
case the question Of the manner in which
the bill was passed was considered, the
court holding that the law to have been
properly and legally passed and TO be
valid and that the secretary shrould pub
lish it in the volume of the laws for the
session of 1901. The decision became alb
soIute by reason of the fact that no ap-
peal was taken from the decision therein
to the supreme court. and the act must
now be considered as a valid law and
the appropriation therein contained avail
able for the purpose therein specified.
1T viii be observed by an examination
Of the law that a sum not exceeding 80
per centum of the amount realized from
the tax levies before mentioned. is TO be
applied by the board of regents. to the
construction Of an ASSEMBLY, hail and quar-
ters for the departments Of botany and
etomoiogy, the same TO be an addition
20 the library building already construc-
ted; that q sum not exceeding 80 per
centum Of the amount realized from such
levies shall be expended IN constructing
an engineering building; and a sum not
exceeding 10 per centum Of the amount
realized from such levies shall be ex-
pended in the construction of a smoke
stack and a boiler house and in central
ling the heating and lighting system;
end sum not exceeding 10 per centum of
the amount realized from such Ievies
shall be expended in the construction of
barn on the college farm.
This Office desires 10 call the attention
Of the board Of regents of the A and NJ.
college 10 the amounts to be expended
for each OF the purposes named in this
act and to say that the construction of
the assembly hall as wen as in the con
struction OF all Of the other buildings
pnd improvements mentioned in this act,
the board Of regents is required to take
Into consideration all of the improvements
specified in the act. so that no more than
the percantum CT the whole levies men
toned in the act for each Of the special
purposes shall be expended for any one of
such purposes. The law does not leave
the construction of these improvements
10 the Agricultural and Mechanical coll
Iege in the hands of the board Of regents.
with the discretion on their part TO ex-