dred thousand dollars from this magnificent gift, and the entire sum was devoted to the general school fund. Nothing beyond the sale of lands was done toward the establishment of a university in California until 1866. In the meantime the act of the General Government in 1862 had given to this State one hundred and fifty thousand acres of land for the support of an Agricultural and Mechanical College. In 1864 the Legislature appointed a board of commissioners to prepare a report favorable to the founding of a State university; this board was composed of Prof. J. D. Whitney, State Geologist; J. F. Houghton, Surveyor General, and John Swett, Superintendent of Public Instruction. Among other considerations it was recommended that the different funds be consolidated and devoted to one institution to be located in San Francisco. An act was finally approved by the Legislature on March 31, 1866, establishing the Agricultural, Mining, and Mechanical College in accordance with the United States act of July 2, 1862. Section first in defining the object of the college says that "the design of the institution in fulfillment of the injunction of the Constitution is to afford thorough instruction in agriculture, mining, and the sciences connected therewith. To effect the object most completely the institution shall combine physical with intellectual education and it shall be a high seminary of learning." This act provided for a complete organization of the college, but no effective action was taken until two years later when another law was passed establishing the university at Berkeley. 1 2 The trustees of the College of California formally presented the site and property of that institution to the trustees of the Agricultural and Mechanical College with the provision that the Mechanical College should be located on their site at Berkeley; and on the other hand the said trustees of California College offered to give up their own charter and donate to the State their buildings, apparatus and property provided that it should be united with the various grants to form the University of California. After careful deliberation the proposition was accepted and the institution known as the State University with an Agricultural and Mechanical College was established at Berkeley. The property received from the College of California amounted to about one hundred and twenty thousand dollars in value, at the time of the gift. The university was established in 1868, and opened for the reception of students in September of the following year. In addition to the seventy-two sections of land granted, the General Government also gave ten sections to the university for building purposes. STATE APPROPRIATIONS. By an act passed March 30, 1868, the State of California granted the sum of two hundred thousand dollars, which was to be realized from 1 Report of Commissioner of Education, 1867-68, 125. * See Wiley's History of College of California, chap. 17 and 18, 1 the sale of swamp lands located within the State; two years later we find an act recorded which provided for the sale of certain swamp lands to the amount of about eight hundred thousand dollars, or sufficient to yield an income of fifty thousand dollars, the principal of which was to remain as a perpetual university fund.' In 1872 an appropriation of three hundred thousand dollars was made by the Legislature for a university building fund." It was also provided in the same year, and approved March 26, 1872, that the deficiency expenses of the university should be paid out of the public treasury for the two years following, not to exceed six thousand dollars, per month.3 The appropriations during 1873-74 were for different purposes, and under the title 'aid for the university,' equal eighty-thousand dollars; of this sum, fifteen thousand dollars was for the Agricultural and Mechanical College. In addition to this, the sum of $4,800 was given for the support of the library of the State University. Also by the same act the products of the surveys of the State Geologist were ordered to be delivered to the university and five thousand dollars devoted to the classification and arrangement of the same.* A law deserving especial mention was that enacted in the session of 1873-74 prohibiting the sale of intoxicating liquors within two miles of the site of the university.5 For the two years of 1885 and 1886 the following appropriations were made: Deficiency of the account of the Agricultural College.... $359 57 For the benefit of the university grounds and water supply. 51, 456. 00 23,500.00 For viticulture, under joint control of the board of regents and the State Of the above sums, only one-half of each appropriation was to be used the first year, with the exception of the library fund, which was to be wholly expended the first year. "An act appropriating twenty-five thousand dollars to be used cojointly with a like sum of twenty-five thousand dollars donated by H. D. Bacon for the construction of a building to be erected on the State 1Hittell Statutes, sec. 16075. 2 Laws of 1871-2, chap. 508, p. 747. 3 Ibid., chap. 399, p. 554. 4 Laws of 1873-74, chap. 463, p. 694. Ibid, chap. 13, p. 12. University grounds, in Alameda County, for a library and art gallery," was approved in April, 1878. In the same year an appropriation of ten thousand dollars was made for the benefit of the Mining College, and the same amount ($10,000) was given to the Agricultural College. Also, it was ordered that the interest on the Hastings endowment fund, amounting to fourteen thousand dollars, should be paid.2 3 An act authorizing the planting of jute was passed in March, 1880, and the College of Agriculture was directed to plant not less than one nor more than five acres as an experiment, for which necessary appropriation was to be made. In order to place the funds in better working condition, the Legislature, by an act approved March 19, 1878, formed the "Consolidated perpetual endowment fund of the University of California." The act reads as follows: "SEC. I. That the entire principal sums which have been or may be hereafter realized from several sources of income and endowment funds of the University of California, to wit, the principal sum derived from the sale of lands granted to the State of California by an act of Congress approved July 2, 1872, and amendments thereto, and the principal sum derived from the sale of seventy-two sections of land granted to the State of California for the use of a seminary of learning by act of Congress approved March 3, 1853, and the principal sum derived from the sale of ten sections of land granted to the State of California for the use of a seminary of learning by act of Congress approved March 3, 1853, and the principal sum which the treasurer of the State of California was directed by act of the Legislature approved April 2, 1870, to place to the account of the university fund, and which, being invested in the bonds of the State, should yield an income of fifty thousand dollars, and the principal sum now remaining on hand derived from the sale of the real estate in Oakland, Alameda County, and State of California, known as the Brayton property, shall be collected into a general fund and the interest only used."4 SOURCES OF ENDOWMENT. Thus we have a review of the permanent university fund, or as it is given by Hittell 5 in a summary in the code. Sources of Endowment of the University of California. (1) The proceeds of the sale of seventy-two sections of land granted to the State for a seminary of learning. Laws of 1887-88, chap. 584, p. 930. Laws of 1887-88, chap. 653, p. 1008: (Mr. Hastings, of San Francisco, gave one hundred thousand dollars to endow a law school, which became a branch of the university, and the State held the money in trust at this time.) * Hittell, Amend. to Code, 1405. 4 Laws of 1877-78, chap. 277, p. 337. "Hittell, Statutes, sec. 1415. 880-No. 1- -21 (2) Proceeds of ten sections of land granted for the purpose of building. (3) Income from investment made from the proceeds of the sale of public scrip for the teaching of agriculture and the mechanic arts. (4) Endowment fund arising from the sale of swamp lands. (5) Gifts and grants. The Legislature, as will be seen, has from time to time made generous appropriations to the university. By an act of 1883, approved March 1, the funds were placed under the exclusive control of the regents of the university.1 The board of regents numbers twenty-three, of whom the Governor, Lieutenant-Governor, Superintendent of Public Instruction, Speaker of the Assembly, president of the State Agricultural Society, the president of the Mechanics' Institute, and the president of the university are ex-officio members of the board, and the remaining sixteen are appointed by the Governor. These regents are required to make full reports of their proceedings to the Legislature. From the regents' report for the year 1885 is extracted the following statement, which shows the resources of the university. In addition to this the appropriations for the same year amounted to $97,730 for the several departments. By this report the estimated available income for 1885 amounted to $98,000. The Tompkins endowment consists of forty-seven acres of land now (1885) rented for one hundred and seventy-five dollars per annum. As soon as the property reaches a value of fifty thousand dollars it is to be sold for the benefit of the university. In this report of 1885 the 1 Laws of 1883, chap. 30, p. 54 2 Report of the board of regents, 1885, p. 7. regents state, with reference to the seminary grant, that 45,034.86 acres of the entire 46,080 had already been selected, while the remaining 1,044.14 acres were yet to be applied for; of the 6,400 acres granted for building purposes, application was still to be made for 478.33, and of the one hundred and fifty thousand acres of agricultural land granted, 146,615 had been selected, leaving about 3,384.19 still to be located. The minimum price of the last grant was fixed at five dollars per acre, and the estimated value of the unsold grant was $26,860.1 The last substantial work performed by the Legislature for the benefit of the university was the creation of a permanent endowment by levying a tax of one-tenth of a mill on each dollar of assessed valuation of property. The act providing for this tax reads thus:2 "SEC. 1. There is hereby levied, annually for each fiscal year, an 'ad valorem' tax of one per cent. upon each one hundred dollars of value of the taxable property of the State, which tax shall be collected by the several officers charged with the collection of State taxes, in the same manner and at the same time as other State taxes are collected, upon all or any class of property, which tax is for the support of the University of California. "SEC. 2. The State Board of Equalization, at the time when it annually determines the rate of State taxes to be collected, must at the same time declare the levy of said rate of one cent, and notify the Auditor and Board of Supervisors of each county thereof. "SEC. 3. The money collected from said rate, after deducting the proportionate share of expenses of collecting the same to which other State. taxes are subject, must be paid into the State treasury, and to be by the State Treasurer converted into a separate fund, hereby created, to be called the 'State University Fund.' "SEC. 4. The money paid into the said State University Fund' is hereby appropriated, without reference to fiscal years, for the use and support of the University of California, and is exempted from the provisions of part three, title one, article eighteen, of an act entitled 'An act to establish a political code,' approved March twelfth, eighteen hundred and seventy-two, relating to the Board of Examiners. When there is any money in the said fund, the same may be drawn out upon the order of the board of regents of the University of California, or such officers of the board as may be duly authorized thereto. Upon the receipt of the order, the Controller must draw his warrant upon the State Treasurer, payable to the order of the treasurer of the University of California, out of the said 'State University Fund.' "SEC. 5. The money derived from said fund must be applied only to the support and permanent improvement of the university, and the board of regents must include in its biennial report to the Governor a statement of the manner, and for what purposes the money was expended. 1J. Hane's report (Land Ag. Univers. California), in Regents' Report, 1885, 120. *Laws of California, extra Leg. session, 1887, chap. 3, p. 2. |