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January 31, 1860, there was transferred from University fund to the general fund for the ordinary expenses of the government, the sum of $100,000, in United States bonds, and interest on the same $9,472.26.

By authority of the act of the legislature, approved January 29, 1861, there was a further transfer of $9,768.62 from the University to the general fund for proceeds of sales of University lands.

On February 8, 1861, another act of the legislature was approved, by which the additional transfer of $25,000 was authorized from the University fund, and by a subsequent act, passed January 9, 1862, another transfer was made from the University fund to the general fund, amounting to $1,520.40, making the total amount of University funds used in payment of the ordinary current expenses of the State government as follows:

By act of January 31, 1860.
By act of January 29, 1861.
By act of February 8, 1861....
By act of January 9, 1862.

Total...

$109,472 26

9.768 62 25,000 00

1.520 40

.$145,761 28

The last transfer, viz.: January 9, 1862, consumed the whole of the University fund, with the following exception, viz.:

Specie...

From January, 1862, to June, 1865, received in warrants *. Making a total of warrants belonging to the University fund t

57

Treasury warrants $4,638 97, and 10 per cent treasury warrants $12,055 80

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$10,300 41 12,230 39

Classed as follows;

Non interest bearing warrants..

Ten per cent interest bearing warrants...

These warrants were received from the sale of University lands and were paid into the treasury under authority of an act of the State legislature, permitting the purchasers of University lands to make payment in treasury warrants. Received into State treasury from 1859 to 1863 inclusive.

On the 8th of June, 1865, the non-interest bear

* Warrants, $5,661.44; interest bearing warrants, $174.59; total, $5,836.03.

† Warrants, $10,300.41; interest, $12,230.39; total $22,530.80.

ing warrants, viz: $10,300.41, were cancelled, and a certificate of indebtedness on the part of the State issued to the University fund, by Hon. W. L. Robards,. then comptroller.

The remaining warrants, $12,230.39, belonging to the University fund, appear to have been dropped from the books of this office in compliance with section 3, of ordinance XII, of the constitutional convention, "securing the common school fund and the University fund, and for other purposes," passed April 2, 1866. They were received into State treasury from 1859 to 1863, inclusive. I

In accordance with the provisions of an act of the legislature approved November 12, 1866, there was issued to the University fund $134,372.26 in 5 per cent State bonds. These bonds covered the first and third transfers from the University fund, viz.: $109,472.25 and $25,000.00. No further reimbursement of the University fund appears. §

No provision appears ever to have been made by the State to restore to the University fund the amount embraced in the second and fourth transfers, viz.: $9,768.62 and $1,520.40, aggregating $11,289.02.

By the provision of an act of the legislature, approved February 23, 1883, the $134,172.26 in 5 per cent bonds, with interest, and the $10,300.41 certificate of debt were paid in full, leaving yet unrestored the amounts borrowed from the University funds by the act of January 29, 1861, and January 9, 1862, $11,289,02, and State warrants received in payment of University lands $12,230.39, the two items amounting to the sum of $23,519.41.

Respectfully,

WM. J. SWAIN, Comptroller."

Attention is respectfully called to the fact that, in

There was thus left to the credit of the University land sales account, only $10,300.41 comptroller's certificate. The several acts provided that the several appropriations should be refunded.

§ Deducting the amount of the bonds from the amount of cash borrowed ($145,761.28), we have $11.289.02, which appears was never restored, over and above the $12.230.39, in warrants, dropped from the books of the department, under ordinance of the convention.

the opinion of Comptroller Swain, there is no reason why the amounts borrowed from the University fund by the act of January 29, 1861, and January 9, 1862, $9.768.02 and $1,520.41, should not be restored to the University. But the comptroller is of the opinion that interest bearing warrants, amounting to $12,230.39, were dropped from the books of his office in compliance with section 3, of ordinance XII, of the constitutional convention, "securing the common school fund and the University fund and for other purposes." passed April 2, 1866. This section, so far as the University is concerned, reads as follows: "Be it ordained, etc., That the legislature, at its first session, shall provide for issuing coupon bonds of the State for the 5 per cent United States bonds, and interest, transferred from the University fund to the State revenue account, in February, 1860, and when issued they shall be placed in the treasury to the credit of said fund. Be it further ordained, That the legislature of this State shall have no authority and are hereby forbidden to assume or provide by taxation or otherwise, for the payment of any other claim or pretended liability of the State to said fund, not enumerated in this ordinance."

In view of the fact that the next legislature convening in the same year in which the convention met, and under the constitution adopted by it, did assume and provide for the payment of other claims, to-wit: The $25,000 borrowed by act of February 8, 1861; and in view of the fact that Comptroller Robards, who was fully aware of this constitutional provision, recognized as valid the $10,300.41 in warrants, by keeping this item. on his books, the regents respectfully suggest that the ordinance referred to by the comptroller was intended to be construed as referring to fraudulent and pretended claims, and not to money borrowed by an act of the legislature, which solemnly pledges the State to refund the same as soon as possible, nor to warrants which were received according to law in payment for University lands for which patents were issued by the State. It is presumed that the convention of 1866 did not intend to deprive the University of any part of its appropriate fund, for in article X, sec. 8, of the constitution

adopted by this convention, it is ordained that "the moneys and lands heretofore granted, or which may hereafter be granted, for the endowment and support of one or more Universities. shall constitute a special fund for the maintenance of said Universities; *** and the legislature shall have no power to appropriate the University fund for any other purpose than that of the maintenance of said Universities."

The opinion is also ventured that this claim of $12,230.39 from interest bearing warrants, and the claim of $11,289.05 borrowed money, would have been recognized, as was the debt of $25,000, had they not been simply overlooked; there being up to 1882 no board or officer whose especial business it was to bring to the notice of the legislature matters relating to the University and its endowment.

The regents therefore ask that $12,230.39 with interest at 10 per cent from June 1, 1856, be repaid to the University fund.

To recapitulate:

The funds of the University claimed to have been appropriated to other purposes by former legislatures and still remaining unpaid are as follows:

A-The Prairie View Normal School Appropriation...

Interest...

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.$14,495 73

8,214 26

11,289 03

24,540 48

12,230 39

28,028 00

$98,797 88

Respectfully submitted,

THOS. D. WOOTEN,

President Board of Regents.

THE COMPTROLLER'S STATEMENTS.

UNIVERSITY OF TEXAS, April 10, 1888. To His Excellency, L. S. Ross, Governor of Texas.

DEAR SIR-In accordance with your request of March 28, that you be furnished with information in regard to money due the University from the State, the following, in addition to statement already rendered, is most respectfully submitted:

In compliance with the act of January 4, 1862, and of December 16, 1863, of the Texas legislature,

Confederate notes were received by the State during the years 1862-1865, in payment for University lands. In Paschal's Digest, Article 3571, and note, it is said that "very large amounts, due the University fund, were paid in Confederate money, under these laws."

The regents have had some difficulty in ascertaining the exact amount paid for University lands during the war in Confederate notes, and also in ascertaining the disposition of this money by the State authorities. Both of these points can now, however, be clearly stated; and the attention of your Excellency is most respectfully invited to their consideration.

When the Texas State convention assembled in Austin, February 7, 1866, "to alter or amend the constitution of the State," one of its first acts was to appoint a "committee on finance," to audit, among other duties, the several trust funds of the State. On March 23, 1866, that committee reported as follows:

"The committee find there has been paid into the

treasury, on account of University lands:

Specie on account, principal and interest on notes.

Ten per cent interest bearing warrants..

Non interest bearing warrants.

Confederate notes...

Transferred to State revenue account.

Amounting to.....

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which has been converted and expended, during the war, by the State authorities." (Journal of the Texas State Convention of 1866, page 275.)

A letter of inquiry was addressed to the comptroller, asking for information in regard to the item "Confederate notes $114,04. 18." The following answer was received:

"OFFICE OF COMPTROLLER, AUSTIN, April 6, 1888. "Dr. T. D. Wooten, President Board of Regents, University of Texas, Austin, Texas.

"DEAR SIR-In reply to yours of the 4th inst., in which you ask the following: 'Referring to the report of the finance committee, as published in the Journal of the Texas State Convention, assembled in Austin, February 7, 1866, page 275, I beg leave to ask, whether

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