Evening journal., 1911-02-20


with respect TO the legal status and
affairs of said college, and also in
vited expressions of opinion on the
part of the public at large, concern
ing the said institution, and for the
purpose of affording opportunity for
the expression of opinion upon the
part OF the public at large, a definite
date was fixed for the meeting Of the
Commission and notice thereof given
by public advertisement in the news
papers of this State;
That pursuant to the said notice,
the undersigned sat on the day men
toned i'm said advertisement at the
Office of Andrew G. Gray, Attorney
General. and heard expressions OF
opinion from all persons who chose
10 avail themselves of the said meet
ing;
That in addition to the expressions
Of opinion as aforesaid, the under
signed have examined the Statutes Of
the State Of Delaware relating to the
said College and the acts Of Congress
through and by means of which Fed
eral aid is given to said institu-
ton.
And further, the undersigned have
procured and examined copies of the
charters OF all the State Agricultural
Colleges and educational institutions
in the United States as far as prac-
ticablc;
Legal Status of Colleges.
That as "a result of the research as
aforesaid the undersigned find the le
gal status of the Trustees Of Della
ware College TO be as follows:
BY Chapter 257. Vol. s, Laws of Del
aware, passed at Dover. February 3.
70. .Ns... TO- aIfns
dents in languages, arts and sciences,
with power TO confer degrees. was
incorporated by the name of New
ark College
That by said Act it was provided
that tho Board of Trustees should con-
sist Of not more than thirty-three
members. and that said Trustees
should have power to fill vacancies,
and by this means perpetuate itself.
The exact corporate title of said col
lege was. by said Act, designated to
he THE Trustees of Newark College"
BY this Act the said college was
given no State aid.
That by Chapter 427. Vol. Q. Laws
Of Delaware, passed at Dover Fehru-
airy Z. tS43, the title Of the said New
ark College was changed to that of
Delaware College"
That by Chapter asa, Vol. 10, Laws
of Delaware passed February 10,
1851. Delaware College at Newark as
incorporated by said Act of February
3, 1898, was re-incoroprated as a col
lege for instructing students in lam
guages, arts and sciences, and with
power 10 confer degrees I'm the arts.
Section 3 of said Chapter 4S4, Vol.
10, provides:
THE present trustees and their
l.. -. D.
corporation by the name of The
Trustees Of Delaware College, with
all the franchises and powers in
cidout to such a corporation, in
Guiding the capacity to take by de-
wise, bequest, grant, gift or other
wise
That by Chapter POP. Vol. II, Laws
Of Delaware, PASSED at Dover Febru-
airy ID. 1858. the number Of trustees
was increased 10 thirty-four, and tho
Governor Of the State of Delaware
was made an ex-otficio member Of the
Board of Trustees.
That on July 2, 1862 an Act dOnat
ing public lands 10 the several States
and Territories which may provide
colleges for the benefit of agriculture
and mechanic arts, having been en-
acted by the Congress of the United
States. was approved by the Presi
dent BY the said Act the respectiy,
States We're obliged, in order TO avail
themselves of the provisions thereof
to provide buildings, grounds and ap
planes necessary to carry out thu
objects of the said Act
The Act of Congress above referre,
10 remained dormant in so far as an.
benefit to the State of Delaware wa
concerned, until February z, 1857
when the General Assembly of thi
State passed an Act, being Chapte
1876 of Vol. Is, Laws Of Delaware, &C
cepting the said grant of publ
lands. and on the fourteenth
day of March A. ID. 1867, tn
Legislature of this State passed an
other Act. being Chapter 1877. Vol. 1;
Laws OF Delaware, which said Act i
as follows. 10 wit:
CHAPTER 1877.
"An Act Establishing a College 70
Agricultural and Mechanic Art
i'm This State.
Whereas the Legislature of thi
State, by a recent act, accepted tn
provisions of an Act of Congress
approved July ?, 1862, entitled, "A