, 1906-02-01

Special to The Republican.
Cheyenne, Wyo, Feb. Following
is a synopsis Of the opinion of the state
supreme court in the agricultural col
lege case, read yesterday by Chief JUS
tice Potter and %concurred in by JUS
tees Beard and Van Orsdel, reference
to which was made in these dispatches
yesterday:
The suit was brought in the name OF
the State of Wyoming by the Wyoming
agricultural college, as located at Ian,
der, and the trustees OF that college
to require the state treasurer to pay TO
the treasurer of said college the moneys
in his hands derived from the grants
and appropriations made by the nation
al government for the endowment and
support of colleges of agricultural and
mechanic arts.
The opinion sets forth and explains
the acts of congress under which the
donations are made. BY act of con-
gress Of July 2, 1862, 10000 acres OF
land for each senator and each repre-
sentative from each state We're granted
to the several states for the more com
plete endowment and support OF at
least one college where the leading
object shall be, without excluding 9TH
err scientific and classical studies, and
including military tactics. to teach such
branches of learning as are related to
agriculture and the mechanic arts, in
such ann as the legislatures of the
state may respectively prescribe, in
order to promote the liberal and prac.
teal education of the industrial classes
in the several pursuits and professions
in life"
By act of August 80, 1890, a specific
sum of money, which now amoun to
$25, 1000 annually, was appropriated to
each state and territory for the furth-
er support and endowment of the col
leges established under the act OF
1852; and by the act of March
2, 1887, further money was ap-
p%ropriated by congress annually for the
purpose of establishing experiment sta
tons in connection with the colleges
established under the act of 1862.
In order, therefore, to gather the pur-
pose of congress in making these re-
spective grants, it is necessary to go
back to the original act of July, 1862.
1t was claimed by the agricultural col
lo-o opJ ;e trrgtoac in tbic paSa that
the government appropriations n
grants were made to the agricultural
college in each state established tor
the purposes set forth in the act OF
congress. The court in the opinion
takes up this proposition and shows
that it has not been sustained by the
authorities, and cannot be sustained by
he language of the acts themselves.
The court says in the opinion that 1t is
well settled by the authorities n Is
the only reasonable construction OF the
acts of congress, % that the grants OF
lands and donations of money are maze
by the general government to the
states themselves which become
grants of public land to the state,
and the moneys paid by the
treasurer of the United States TO
the state treasurer become the moneys
of the state, subject to disposition by
the legislature, in strict accordance,
however. with the directions prescrib-
ed by the act of congress; namely, for
the endowment and support of at least
one college that shall teach studies re
lating to agriculture and the mechanic
arts, including military tactics, and not
excluding other scientific n classical
studies. (2) That the money can only
be- disposed of by the state treasurer or
paid out by him by direction of the leg
islature of the state. (3) That the
state through its legislature must des-
ignate the institution to receive and ex-
pend the money.
The opinion hen goes on to show
that the legislature designated the Uni
versity of Wyoming as the institution
to receive the money until such time
as an agricultural college should be es-
tablished in this state separate ana
apart from the university" and that
such designation should continue until
an alteration in the acts by the legls-
lature itself; that in order to authorize
the payment of the money to an agrl-
cultural college, even though establish
ed, 1t would require additional legisia'
ton, for the reason that n legislature
cannot bind future legislatures, and an