, 1907-05-25
DECISION OF THE COURT,

s
that any important item relating there
to is gladly received. The decision OF
the supreme court of the United States
in the agricultural college case is OF
paramount Importance, as 1t disposes
for all time OF the contention that the
state has not the right to the use of the
: funds donated by the acts of congress
pertaining TO agricultural colleges Sc
long as they are expended for the pur'
poses contemplated by the law. The
opinion in full follows:
The plaintiff in error. the State OF
Wyoming. on the relation of the Wyo
ming Agricultural college me its OH.
GERS. filed a petition in the supreme
court of that state for n writ of nan
damus against the defendant in error,
the state treasurer. The object of the
proceeding was to compel the state
treasurer to pay to the treasurer OF
the college certain funds in his hands,
being the proceeds of land grants and
luc hulouut VI appIopilu'ioh maui Ny
congress for the promotion of educa.
ton In agricultural and mechanical
arts, An alternative writ issued. and
the respondent appeared and demurred
TO the petition. The cause was then
heard by the supreme court of Wyo-
ming, and by that court the demurrer,
which was regarded by our and coun-
sci as sufficiently raising the merits
of the controversy, was sustained and
judgment rendered for the respondent.
The case comes here upon writ of err
ror, with allegations of violations Of
federal rights. which, so far as material
to the decision, are stated in the
opinion.
Mr.. Justice Moody delivered the
opinion of the court,
The Wyoming agricultural college
was established by an act of the legis-
lature Of that state. (Chap 80, S. l..
Wyo. lS90-9l) 1t was declared to be
"a state public educational institution
with the object of giving to men and
women, without regard to color, "A lib
eral education and a thorough knowl-
edge Of such arts and sciences as will
aid in the prosecution of agricultural
pursuits, with their varied applica-
tons
The University of Wyoming was es,
tablished by the territory with the de-
clared object of providing education
for both sexes in the different
branches of literature, the arts and sci
ences, with their varied applications
The constitution of the state OF Wyo-
ming confirmed the establishment of
the university and declared 1t to be the
university Of the state of Wyoming.
The first session of the state legisla.
ture enacted a law declaring more fully
the objects of the university, which
provided, among other things, that it
should be open to both sexes, regard
brace colleges or departments of let
ters. Of science and Of the arts: -
The college or the department of the
arts, shall embrace courses of instruc-
ton in the practical and fine arts
especially in the application of science
to the arts OF mining and metallurgy,
mechanics, engineering, architecture,
agriculture and> commerce, together
with instruction in military tactics.
Land grants and appropriations,
which presently will be described in
detail, have been made by congress for
the support Of education in the state,
and the state, acting through its leg
islature, has accepted the appropria-
tons under the conditions prescribed
in the acts Of congress, and has ap-
propriated these national bounties to
the support of the university. The ag-
ricultural college claimed that under
the acts of congress bestowing these
gifts it is entitled to them, and the
denial of the supreme court of the
state of this claim raises the federal
question first to be considered.
BY the act of July ., 1852, Q2 Stat.
at Large $685. amended by act of
March 8, 1888, (22 Stat. at Large 4S4,)
congress granted to the several states,
for the purposes hereinafter mention
ed certain quantities of the public
lands, or, under certain conditions, in
lieu thereof land scrip. The entire
proceeds of the sale of the land or of
the land scrip were directed to be
safely invested by the states as a per
petual fund, whose interest should be
'inviolably appropriated by each state,
which may take and claim the benefit
OF this act, to the endowment, support
and maintenance of at least one col
lege, where the leading object shall be.
without excluding other scientific and
classical studies, and including mill
tary tactics, to teach such branches Of
learning as are related to agricultural
n the mechanic arts, in such manner
as the legislatures of the state may re-
s%pectively prescribe, in order to pro-
mote the liberal and practical educa,
ton of the industrial classes in the
several pursuits and professions in
IR-t III n