, 1907-05-25

to which il belongs and that no state
while in a condition of rebellion or in
surrection against the government of
the United States shall be entitled to
the benefits of this act, and no state
shall be entitled TO the benefit OF this
act unless it shall express its accept
ance thereof by its legislature
The grant made in this statute is
clearly to the state and not to any in
%sttution established by the state.
Hare V. Rice. 204 U. S. 29l.
by the act of August 30. 1890. (26
Stat, at Large, 417,) congress made
permanent annual appropriations of a
certain sum OF money to each state
and territory for the more complete en-
dowment and maintenance Of colleges
for the benefit Of agriculture n the
mechanic arts, now established, or
which may be hereafter established, in
accordance with an act of congress ap-
proved July second, eighteen hundred
and sixty-two, ''" to be applied
only to instruction in agriculture, the
mechanic arts, the English language,
and the various branches of mathemati-
cal, physical, natural and economic
science, with special reference to their
applications in the Industries of life,
II to the facilities Of such instruc-
ton" 1t is so obvious that these ap-
preparations are made to the state and
not to any institutions within the
state, and that the states, acting
through their legislatures, are to ok
pend the appropriations in accordance
with the trust imposed upon them, that
1t is unnecessary to quote the numer-
GUS expressions in this act which sup
port that view. BY the act of March 2,
1887, GA Stat. at Large. 400 congress
directed that a certain sum should be
annually appropriated to each state
for the support of agricultural expert
ment stations at the institutions es-
tablished under the act of 1862. The
law provides that the appropriation
shall be paid to the treasurer of the
institution where the agricultural ex-
pertinent station is established, and no
money has come or will come into the
hands of the state treasurer. 1t is,
tborafnra npnocaccory RI comedian
further the provisions of this act.
There is in the hands OF the state treas
urer the permanent fund established
under the act of 1862, and one Of the
annual appropriations paid to him un-
der the act of 1890. The interest on
the fund and the annual appropriation
the state treasurer is about to pay to
the University Of Wyoming in obedi,
ence to the laws OF the state. The agri-
cultural college claims that 1t Is en-
titled under those statutes to receive
his money. IL this claim fails it Ia
the end of the case. But. as has been
shown, both the fund and its interest
and the annual appropriations are the
property of the state and not Of any
within It. The agricultural
shows no title or right to this
money under these statutes. The
case Of the plaintiff In error
fails at the threshold. and it is unneces-
sary to determine whether the state
has complied with its trust in bestow-
Ing the government bounty upon the
University Of Wyoming or has violated
the obligation of a contract by repeal.
ing, as it has, the act establishing the
agricultural college. These questions
we're discussed with learning and abil-
ity in the court below, and WI do not
to intimate any disagreement
with the conclusions of that court. But
the plaintiff in error must fail in the
to compel the payment to it
Of the money in the hands of the de-
for the reasons already given,
there is no need to go further in this
court, and the judgment Of the supreme
court of Wyoming Is therefore at
frmed."