, 1906-02-01
HAS POWER To REPEAL
ITS OWN ENACTMENT


ground alone, therefore, the court
holds that the agricultural college 10
Gated at Lander does not show itself
entitled TO the funds in the hands OF
the treasurer; having failed to show
any legislative direction that the money
be paid to it. The court quotes from
numerous authorities showing hat the
congressional acts have been constru.
ed in the manner stated.
The court, however, holds that the
college is not entitled to the money up
on another ground, namely, that the
act of the Legislature of 1905 repeating
the act by which the agricultural col.
lege was established discontinued such
college, and, therefore, deprived it OF
any capacity to receive and expend the
government funds. 1t was c~ontended
by counsel for the college that the re
pealing act is unconstitutional and void
on two grounds, ~ that it impaired
the obligation OF a contract; (2) that
IL oNNNLABNSu " uNoAlSl III lllSAlNAlllOb
which had been located by the people
as provided by the constitution. The
objection that the repeating act impair
ed the obligation of a contract is based
upon the theory that the charter of the
agricultural college passed by the leg
islature in 1897 constituted a contract
between the state and the college, and
that a material alteration of such char
ter or a repeating thereof would there
fore violate the provisions of the state
and federal constitutions, which render
all contracts inviolable by any law of
the state.
The rule is well settled, the opinion
proceeds, in the absence of any consti-
%tutional or statutory provisions, that
the charter of a private corporation
cannot be materially altered and can
not be repealed, which has been the law
since the decision Of the celebrated
Dartmouth college case by the supreme
court of the United States. Since that
decision, however, and to overcome its
effect, the legislatures Of the various
states, and some constitutions, have
provided that charters of all corpora
lions are subject TO alteration and re-
peal. Our own constitution has a pro
vision to that effect. But the court
holds that the agricultural college was
not a private corporation, but a state
public institution and vas a mere ag-
ency of the government Of the state to
carry out one of the functions of the
government, namely, the education of
youth. 1t has universally been held,
and it is conceded to be the law, that
the charter of a pubic corporation or
institution does not constitute a con
tract, but may be altered, amended or
repealed by the legislature at its pleas
ure.
The court takes up the various pro
visions of the act establishing the agri-
cultural college and gives the follow
ing reasons for holding it to have been
a state public educational institution
l. The act of 1891 states there shall
be established in this state an agricul-
tural college which shall be a state
public educational institution"
2. The trustees of the institution are
required to be appointed by the COVER
nor, by and with the advice and consent
of the senate; and all vacancies of the
board are to be filled by the governor
until the next session of the legisla-
Iture.
8. 1t is required by said act that the
site of said college, whether by pur-
chase, donation or otherwise, shall be
taken in the name of the state of Wyo-
ming.
4. A board of visitors is provided for,
to be appointed by the governor, whose
duty it was to make a personal exam
~ination of the college and its affairs
twice a year and report to the COVER
nor, which report was required to be
submitted to the legislature.
5. The diplomas given by the college
were to be issued with the seal of the
state; and, finally, the legislature pro-
vided for the location of the institu-
ton by a vote of the people, which is
only required in the case of the loca-
ton of a public institution.
The court holds, therefore, that there
can be no question but hat the agri-
cultural college was a public institu-
ton, created by the legislature as one
of the agencies of government, and was
subject to the control and will of the
Legislature. In this connection the
court further referred to the provision
of the constitution which requires the
legislature to establish free schools of
every needed kind and grade, includ-
ing a University, and such other insti-
%tutions as may be necessary" AND al
so to the provision which prohibits the
making of any appropriation of public
(COn.ipued on page 81