The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-06

To the Editor OF the indianapolis Journal:
Many thanks to the Journal for that full
and accurate history of the Vincennes Uni
versity, so full and accurate that any one
who wishes to have a correct history of
education in the State will do we'll to cut
1t out and carefully paste it in the fly
leaves of Boone's History of Education in
Indiana, which, of course, he has. But
there is frequent use of a phrase which is
so misleading that / ask the privilege of
correcting it; it is the phrase state Uni
versity,' whereas we have no State uni
versity, and never have had in the proper
sense of the term. From the beginning the
law relating to the Indiana University has
said that we recognize that institution as
the university or the State, but the State
never assumed any control of il or obliga-
tons to ii. 1t was at the time not only
private corporation, but close corporation
at that, filling the vacancies in the board
of incorporators Independent of the State
or anybody else, and it is practically the
same to-day, because the State does not
control it In any particular 1t is managed
by a board Of trustees who are elected by
the State Board of Education, on which the
State has only minority representation;
the Governor and the superintendent of
public instruction and. only lately, three
others appointed by the Governor, the
other six members being ex officio men,
bers from other departments of educa-
N.
fact that the president of the University
Is ex officio a member of the board that
elects the trustees who elect the president.
The rule of law, as well as the usage in In
diana in everything which belongs to the
State through its own machinery consti-
tutes all the boards that have control of
any State institution. In obedience to this
universal law the State, through the Gov
ernor, appoints the trustees of her half
| dozen educational Institutions and all her
| benevolent and penal institutions, even to
| the board of control of the soldiers monu-
ment Practically, therefore, the State
| does not own or control the Indiana Uni
versity, and hence IL Is not State Univer-
sity in the proper sense of the term.
These historic facts throw a flood of
| light upon the action of the constitutional
| convention of 1850 This University of
| the State as it were, had been for nearly
| two decades clamoring for appropriat lions
under the requirement of the Constitution
| of 1916 that the Legislature should as soon
as possible provide for State university,
yet il had never got a dollar, but the peo-
| pie had got tired of the mendicancy of the
| college, hence, very early in the session.
| the convention, through a resolution Of
| fered by Hon. Thomas A. Hendricks, in
| structed the committee on education to so
| amend the Constitution that no appropria-
| tons should ever be made for any school
| above the grade of the common school. and
| specific and emphatic, through a resolution
| offered by Joseph ~ Ristine, the conven-
| ton ordered the adjustment of the
| county SEMINARY SySLSHl anu the 0Idlc
T, University also, thus forever eliminating
| as they supposed. the university from the
| system of education the State was prepar-
| ing to enter upon; hence the present form
| of the constitution on the question of edu-
| cation instead OF the former constitutional
| provision.
| How the people of that period under
| stood this change was seen in the imme-
| date abandonment of every county
| seminary and the university people never
| asked again for an appropriation for about
| fifteen years. not even when their college
| edifice was burned: but took TO the sale OF
| scholarships like other private colleges
| How il came 10 get an appropriation ir
1861, of only $500. the first in the third of q
| century. is not material 10 my contention
| that il is not and never was a State uni
yersity in the proper meaning of the term
| but IL may be well to note also that tn,
| Supreme Court UII Ind. p. 1850 EN-
| practically decides that the Indiana Univer
sity is a private corporation. and that IL.
funds are not public funds: and that thi:
decision, on a point of law that was direct
| ly involved in the case cannot be set asid,
by an obiter dictum in a case in which tn.
question had no place whatever.
Indianapolis. Feb T. U. L. SEE.