ACQUIRING LANDS

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inquiries should not be of so permanent a character as to prevent the station from shifting its work from place to place as circumstances may require nor involve the expenditure of funds in such amounts and in such ways as will weaken the work of the station as a whole.

As far as practicable the co-operation of individuals and communities benefited by these special investigations should be sought and, if necessary, the aid of the States invoked to carry on enterprises too great to be successfully conducted within the limits of the appropriation granted by Congress under the act aforesaid.

PURCHASE OR RENTAL OF LANDS FOR AGRICULTURAL EXPERIMENT STATIONS

The purchase or rental of lands by the experiment stations from the funds appropriated in accordance with the provisions of the act of Congress of March 2, 1887, is contrary to the spirit and intent of said act. The act provides for "paying the necessary expenses of conducting investigations and experiments and printing and distributing the results. * * * Provided, however, That out of the first annual appropriation so received by any station an amount not exceeding onefifth may be expended in the erection, enlargement, or repair of a building or buildings necessary for carrying on the work of such stations; and thereafter an amount not exceeding five per centum of such annual appropriation may be so expended." The strict limitation of the amount provided for buildings and the absence of any provision for the purchase or rental of lands, when taken in connection with the statement in the eighth section, which treats the farm as in a sense a necessary adjunct of the educational institution to which the whole or a part of the funds appropriated in accordance with said act might in certain cases be devoted, point to the conclusion that it was expected that the institution of which the station is a department would supply the land needed for experimental purposes and that charges for the purchase or rental of lands would not be made against the funds provided by Congress for the experiment station. This conclusion is reenforced by a consideration of a wise and economic policy in the management of agricultural experiment stations, especially as relating to cases in which it might be desirable for the station to have land for experimental purposes in different localities. The investigations carried on by the stations in such cases being for the direct benefit of agriculture in the localities where the work is done, it seems only reasonable that persons or communities whose interests will be advanced by the station work should contribute the use of the small tracts of land which will be required for experimental purposes. Experience shows that in most cases the stations have had no difficulty in securing such land as they needed without expense, and it is believed that this may be done in every case without injuriously affecting the interests of the stations.

EXPENSES FOR CARRYING ON FARM OPERATIONS

Expenses incurred in conducting the operations of farms, whether the farms are connected with institutions established under the act of Congress of July 2, 1862, or not, are not a proper charge against the

funds appropriated by Congress for agricultural experiment stations in accordance with the act of Congress of March 2, 1887, unless such operations definitely constitute a part of agricultural investigations or experiments planned and conducted in accordance with the terms of the act aforesaid, under rules and regulations prescribed by the governing board of the station. The performance of ordinary farm operations by an experiment station does not constitute experimental work. Operations of this character by an experiment station should be confined to such as are a necessary part of experimental inquiries. Carrying on a farm for profit or as a model farm, or to secure funds which may be afterwards devoted to the erection of buildings for experiment station purposes, to the further development of experimental investigation, or to any other purpose, however laudable and desirable, is not contemplated by the law as a part of the functions of an agricultural experiment station established under the act of Congress of March 2, 1887. Section 5 of that act plainly limits the expenditures of funds appropriated in accordance with said act to "the necessary expenses of conducting investigations and experiments and printing and distributing the results."

SALES FUNDS OF AN AGRICULTURAL EXPERIMENT STATION

Moneys received from the sales of farm products or other property in the possession of an agricultural experiment station as the result of expenditures of funds received by the station in accordance with the act of Congress of March 2, 1887, rightfully belong to the experiment station as a department of the college or other institution with which it is connected, and may be expended in accordance with the laws or regulations governing the financial transactions of the governing board of the station, provided, however, that all expenses attending such sales, including those attending the delivery of the property into the possession of the purchaser, should be deducted from the gross receipts from the sales and should not be made a charge against the funds appropriated by Congress.

LIMIT OF EXPENDITURES OF EXPERIMENT STATIONS DURING ONE FISCAL YEAR

Expenses incurred by an agricultural experiment station in any one fiscal year to be paid from the funds provided under the act of Congress of March 2, 1887, should not exceed the amount appropriated to the station by Congress for that year, and especially all personal services should be paid for out of the appropriation of the year in which they were performed, and claims for compensation for such services can not properly be paid out of the appropriations for succeeding years. The several appropriations for experiment stations under the aforesaid act are for one year only, and officers of experiment stations have no authority to contract for expenditures beyond the year for which Congress has made appropriations.

This is plainly implied in the act aforesaid, inasmuch as section 6 provides that unexpended balances shall revert to the Treasury of the United States, "in order that the amount of money appropriated to

FUNDS FOR COLLEGE PURPOSES

45

any station shall not exceed the amount actually and necessarily required for its maintenance and support." The annual financial report rendered in the form prescribed by this department should in every case include only the receipts and expenditures of the fiscal year for which the report is made.

EXPENDITURES FOR A WATER SYSTEM TO BE CHARGED UNDER "BUILDINGS AND REPAIRS"

Expenditures by agricultural experiment stations from the funds appropriated in accordance with the act of Congress of March 2, 1887, for the construction of wells, cisterns, ponds, or other reservoirs for the storage of water, and for piping, and other materials for a system of storing and distributing water, are properly charged, under abstract 18 in the schedule for financial reports prescribed by this department, as being for improvements on lands which have hitherto been held to come under the head of "buildings and repairs." The fact that a water system may be a necessary adjunct of certain experimental inquiries does not affect the case, inasmuch as the limitations on expenditures for improvements contained in section 5 of the act of Congress of March 2, 1887, expressly stipulate that these improvements shall be such as are necessary for carrying on the work of the station.

BORROWING OF MONEY BY AGRICULTURAL EXPERIMENT STATIONS

Experiment station officers have no authority to borrow money to be repaid out of appropriations made under the act of Congress of March 2, 1887, and charges for interest can not properly be made against funds appropriated under that act.

USE OF EXPERIMENT STATION FUNDS FOR COLLEGE PURPOSES

No portion of the funds appropriated by Congress in accordance with the act of March 2, 1887, can legally be used, either directly or indirectly, for paying the salaries or wages of professors, teachers, or other persons whose duties are confined to teaching, administration, or other work in connection with the courses of instruction given in the colleges with which the stations are connected or in any other educational institution; nor should any other expenses connected with the work or facilities for instruction in school or college courses be paid from said fund. In case the same persons are employed in both the experiment station and the other departments of the college with which the station is connected a fair and equitable division of salaries or wages should be made, and in case of any other expenditures, for the joint benefit of the experiment station and the other departments of the college the aforesaid funds should be charged with only a fair share of such expenditures.

EXPENSES FOR EXTENSION WORK NOT CHARGEABLE TO THE HATCH FUND

Expenses for extension work should not be charged against the Hatch fund, and * * * only such printing should be done with that

46

DEPARTMENT RULINGS

fund as will record the experimental work of the stations established under the Hatch Act.

*

ACCOUNTING AND USES OF THE ADAMS FUND

Under the terms of the act it will be necessary that a separate account of the Adams fund shall be kept at each station, which should be open at all times to the inspection of the Director of the Office of Experiment Stations or his accredited representative.

* * *

The Adams fund is "to be applied only to paying the necessary expenses of conducting original researches or experiments bearing directly on the agricultural industry of the United States." It is for the "more complete endowment and maintenance" of the experiment stations, presupposing the provision of a working plant and administrative officers. Accordingly, expenses for administration, care of buildings and grounds, insurance, office furniture and fittings, general maintenance of the station farm and animals, verification and demonstration experiments, compilations, farmers' institute work, traveling, except as is immediately connected with original researches in progress under this act, and other general expenses for the maintenance of the experiment stations, are not to be charged to this fund. The act makes no provision for printing or for the distribution of publications, which should be charged to other funds.

*

RULINGS OF THE TREASURY DEPARTMENT

ANNUAL FINANCIAL STATEMENT

The annual financial statement of the stations, with vouchers, should not be sent to the Treasury Department, but a copy simply of the report that is made to the governor is to be sent to the Secretary of the Treasury. (January 30, 1888.)

REQUIREMENTS OF FISCAL OFFICERS

1. The Treasury Department will not require officers of experiment stations to do or perform anything not specifically required by said bill. 2. The Secretary of the Treasury is not required to take a bond of the officers of said stations for the money paid over under the provisions of said act.

3. No reports will be required from the stations directly to the Secretary of the Treasury; but the governor of the State must send to the Secretary of the Treasury a copy of the report made to him by the colleges or stations. (January 31, 1888.)

SALE OF STATION BULLETINS

The Solicitor of the Treasury writes: "I am of the opinion that there is no authority for an agricultural experiment station to sell its bulletins outside of the State or Territory. Congress appropriates for the publication and free distribution of the bulletins and neither expressly nor by necessary implication authorizes their sale." (December 16, 1895.)

USE OF HATCH FUNDS

ANTICIPATION OF FIRST QUARTER PAYMENTS

47

The fiscal year commences on the 1st day of July, corresponding with the fiscal year of the Government.

appro

An agricultural station entitled to the benefits of * * priations made by Congress can anticipate the payment to be made July 1, and make contracts of purchases prior to that time, if it shall be necessary to carry on the work of the station. Of course, no portion of said appropriation paid in quarterly installments can be drawn from the Treasury unless needed for the purposes indicated in the act; and so much of what is so drawn as may not have been expended within the year must be accounted for as part of the appropriation for the following year. (August 2, 1888.)

ESTABLISHMENT OF INDEPENDENT STATIONS

The [Hatch] Act contemplates that where stations have already been established disconnected from the colleges the legislatures of such States may make such provisions in regard thereto as they may deem proper; but it does not authorize the establishment of stations except in connection with the colleges that were at that time or might hereafter be established under the act of July 2, 1862. (January 30, 1888.)

DIVISION OF FUNDS BETWEEN STATIONS ALREADY ESTABLISHED

Where there is an agricultural college or station which may have been established by State authority and is maintained by the State, the eighth section of the above act would authorize the State to designate the station to which it desired the appropriation to be applied, whether to one or more, or all, and the Secretary of the Treasury should make the payment under the appropriation to whichever one the State might desire. (February 14, 1888.)

DESIGNATION OF BENEFICIARIES OF THE HATCH FUND BY STATE LEGISLATURES

1. When an agricultural college or station has been established under the act of July 2, 1862, each college is entitled to the benefits of the provisions of said act (i. e., of March 2, 1887).

2. In a State where an agricultural college has been established under the act of July 2, 1862, and agricultural stations have also been established, either under the act of July 2, 1862, or by State authority, before March 2, 1887, the legislature of such State shall determine which one of said institutions, or how many of them, shall receive the benefits of the act of March 2, 1887.

3. If the legislature of any State in which an agricultural college has been established under the act of July 2, 1862, desires to establish an agricultural station which shall be entitled to the benefits of said act, it must establish such station in connection with said college. (February 15, 1888.)

It is within the power of the legislature of any State that has accepted the provisions of said act of March 2, 1887, to dispose of the amount appropriated by Congress for said station to each one or all of the agricultural colleges or stations which may have been estab