Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-04

MAINTAINS at the - pTSSeit tHiic iou
normal schoosae one each at farming
ton, Castine, Gorf1an and BresGue Isle.
This system originated fns1S6S when a
public act was passed providing for the
appointment of commissioners to es-
tablish two normal schools, Pub. Laws
1868, CHI 210. This act also prescribed
the qualifications for admission, the
principles upon which the schools
should be conducted, the course OF
study and made the state superlntend-
cnt their superintendent under the APP
prevail of the Governor and Council.
Four half townships Of wild land were
appropriated for their benefit, the pro-
Ceeds from the sale to be deposited IN
the state treasury to the credit or the
normal school fund. In this way the
state itself took on a new form OF pub
lie service and the educational system
thus adopted became in fact an instru-
mentality of the state No corporation
was created, no separate entity was
brought into existence, but the state
simply put out it's own beneflclent
hand in a new direction, and the TUE
to the property was taken in the name
Of the state. Private and Special
Laws 1867, Oh. 372; Private and
Special Laws 1871, Oh. PSI. In the
revision of 1871, the normal school sys-
tenn takes it's place alongside the com
mon school and free high school sys-
TENS Rev st. 1871, Oh. n, Sec. S3-S1
In 1873 these schools were placed
under the direction of board OF
trustees, the Governor and superinten-
dent of schools to be members ex-
officio, and the others to be appointed
by the Governor and Council. In 1873
the Gorham Normal School was estab-
lished. Pub. l.. 1873, Oh. 80 and IN
1903 the normal school at Pressure Isle,
Priv. & Spec. Laws, 1908, Oh. 223. The
entire system is now regulated under
Rev, st. 1903, Oh. Is, Secs, 109-115, and
is an apt illustration of what is known
as an instrumentality or agency of the
state.
Contrast now the history and the
legal status of the University of Maine
Ey an act approved July 2, 1867, Con-
eress donated a certain quantity OF
subtle lands to such states as might
rrovide colleges for the benefit of agri-
culture aid the mechanic arts, the
money to be received from the sales
thereof to &c invested as perpetual
fund and the income thereof to be APP
.,ropriated by each state, acting as
trustee, to the endowment, support and
maintenance of at least one such col
.ege. Acting under this offer from the
general government the State of Maine
by Oh 532 OF the Priv. & Spec. Laws of
1865, created certain persons therein
named a body polite and corporate by
the name OF the Trustees of the State
ia
Arts with power to establish and main
tain such college as was authorized
Jy the act Of July 2, 1862, to purchase
and hold real estate and, through It's
trustees to have the general manage
ment of the institution. separate
and distinct corporation was estab-
Iished and the separation between the
college and the state thus created by
the charter has always been observed
and maintained. BY Chap. 50, the town
af Orono and by Chap. 66 of the Pr. x
SIP L. OF 1866 the city of Old Town
were authorized to grant aid to the col
lege. No appropriation was made b.
the state to the institution for ten
years after its incorporation, but By
Chapter 100 of the Rev. of 1875, the
sum of $4,000 was donated on conGi-
lion that the trustees should mot un-
Ger any circumstances contract amy
further debts in behalf Of said college
Annual appropriations have been made
since that time with the exception of
1879 and in varying amounts the APP
preparation for 1880 and 1881 Being
$4,000 and $4,000 respectively, and for
1897 and 1908 $I10,oD0 each Such gifts
however, cannot change the character
" legal status of the institution, any
mere than smaller gifts to academies
and private hospitals could make them
q part of the sovereign state. In 1879.
the name of the corporation was
changed from the '"Trustees of the
State College of Agriculture and Me-
chanlc Arts to the university OF
Name but it was expressly provided
that 1.-The said University of Maine
shall have all the rights, powers. priv
ileges, property, duties and response
bilities, which belong or have belonged
to the said trustees" Oh. 551, Pr. d
Sp. Laws of 1897
This change of name did not change
the status of the institution or worh
its adoption as a part Of the state or
make its property the property of the
state. It remained the same distinct
corporation as before.
Nowhere in the Revised Statutes is
tile University of Maine mentioned ex-
leot in connection with the compensa-
ton of its trustees, r. S. Oh. lis,
SCI. r. and with the duties imposed
upoA e.. I'm sir2ent Station which
IVES -. - r. ~ Oh. 119 of the Pub.
Laws OF 1881. 1t is nowhere recog-
ri@cd rs a part of the educational sys-
TEN Of the state Even when power
was conferred upon the trustees by
Oh S13 of the Priv. & Spec. Laws of
1903 10 guarantee loans for the con-
struction of fraternity houses, it was
expressly provided that nothing
herein contained shall be construed as
binding the State Of Maine to pay said
loans, or any of them, or any part
thereof, or any interest thereon; and
provided further that no appropriation
therefor shall be hereafter asked of the
State Of Maine, No language could
more plainly recognize the distinction
between the corporation and the state.
The legal status of this Institution has
been and is the same as that of the
ct her colleges in Maino cha rt ere5 h1,