curing and selling a tract of land belonging to the University in Collin county."

"Regent Prather reported to the effect that the University probably did not get a fair divide in the apportionment of the lands in McLennan county, Texas, heretofore in controversy between the University and certain foreign claimants represented by General Mexia; that the agent of Mexia was very familiar with these lands and rather dictated as it were the division. Mr. J. P. Surratt represented the University's interests; and Mr. Stephen Tuner was appointed by the court. Mr. Surratt endeavored to protect the State's interest, but was rather over reached in the transaction."

As to these proceedings there gents' records further show that Attorney General Hogg subsequently recommended that the suits, referred to in the resolution of Messrs. Todd and Simkins, be instituted, and it is to. be presumed that steps for that purpose are being taken. by that officer.

As to the question raised by the attorney general, as to the State issuing bonds, it would seem that, while it may be illegal to issue them to create a debt or loan without any basis for them, further than the general credit of the State, the re-issue of bonds for re-investment of funds pledged on any substantial property basis, such as bonds or lands belonging to the University, is hardly creating a debt within the purview and inhibitions of the constitution or statutes of the State; or if such is the case, that the constitution should be amended to make it flexible enough to cover such interests.

ORGANIC LAW AFFECTING THE UNIVERSITY.

Following are the provisions of the organic law (the constitution of 1876) which affects the University.

Sec. 10. The legislature shall, as soon as practicable, establish, organize, and provide for the maintenance, support, and direction of a University of the first class, to be located by a vote of the people of this State, and styled "The University of Texas," for the promotion of literature, and the arts and sciences, including an agricultural and mechanical department..

Sec. 11. In order to enable the legislature to perform the duties set forth in the foregoing section, it is hereby declared that all lands and other property heretofore set apart and appropriated for the establishment and maintenance of "The University of Texas," together with all the proceeds of sales of the same heretofore made or hereafter to be made and all grants, donations, and appropriations that may hereafter be made by the State of Texas, or from any other source, shall constitute and become a permanent University fund. And the same as realized and received into the treasury of the State (together wtth such sums belonging to the fund as may now be in the treasury), shall be invested in the bonds of the State of Texas, if the same can be obtained; if not, then in United States bonds; and the interest accruing thereon shall be subject to appropriation by the legislature to accomplish the purpose declared in the foregoing section; provided, that one-tenth of the alternate sections of lands granted to railroads, reserved by the State, which were set apart and appropriated to the establishment of "The University of Texas." by an act of the legislature of February 11, 1858, entitled "An act to establish The University of Texas," shall not be included in or constitute a part of the permanent University fund.

Sec. 12. The land herein set apart to the University fund shall be sold under such regulations, at such times, and on such terms, as may be provided by law; and the legislature shall provide for the prompt collection, at maturity, of all debts due on account of University lands heretofore sold, or that may hereafter be sold, and shall in neither event have the power to grant relief to the purchasers.

Sec. 13. The Agricultural and Mechanical College of Texas, established by an act of the legislature, passed April 17, 1871, located in the county of Brazos, is hereby made and constituted a branch of the University of Texas, for instruction in agriculture, the mechanic arts and the natural sciences connected therewith. And the legislature shall, at its next session, make an appropriation, not to exceed forty thousand dollars, for the construction and completion of the

buildings and improvements and for providing the furniture necessary to put said college in immediate and successful operation.

Sec. 14. The legislature shall also, when deemed practicable, establish and provide for the maintenance of a college, or branch University, for the instruction of the colored youths of the State, to be located by a vote of the people; provided, that no tax shall be levied, and no money appropriated out of the general revenue, either for this purpose or for the establishment and erection of the buildings of the University of Texas.

Sec. 15. In addition to the lands heretofore granted to the University of Texas, there is hereby set apart and appropriated, for the endowment, maintenance, and support of said University and its branches, one million acres of the unappropriated public domain of the State, to be designated and surveyed as may be provided by law; and said lands shall be sold under the same regulations and the proceeds invested in the same manner as is provided for the sale and investment of the permanent University fund; and the legislature shall not have the power to grant any relief to the purchasers of said lands.

By an act of the legislature, passed March 30, 1881, the location of the University was submitted to a vote of the people, and provision was made for appointing the regents, who were authorized to contract for a suitable building, to elect a faculty, and to take such action as was necessary for the organization of the University. By this act the University was "open to male and female on equal terms, without charge for tuition."

THE "A. AND M. COLLEGE" BRANCH.

The Agricultural and Mechanical college of Texas owes its foundation and endowment to the act of the United States Congress approved July 2, 1862, amended July 23, 1865, and to a joint resolution of the legislature of Texas, approved Nov. 1, 1856, and an act of the same body approved April 17, 1871.

In his message of April 19, 1876, to the legislature, Governor Coke says: In July 18, 187, a meet

ing of the board of directors of the Agricutlural and: Mechanical college, chosen under the act of March 9, 1875, was held in Bryan, near which point the college. is situated in Brazos county. The building was found incomplete, and it was the purpose of the board to recommend that an appropriation not to exceed $40,000be made by the legislature to complete the building, and until the needed buildings were completed it was. not deemed proper to proceed to the selection of a full faculty. The board, however, concluded to elect a president, and they selected for that position the Hon. Jefferson Davis, who, however, was prevented from accepting it, (alluding to Mr. Davis who was the president of the Confederate States.) On this board of directors devolved the duty of making proper regulations as to the admission of students into this institution, and as to the terms of their admission. No final action was taken by the board on this subject, but in view of the fixed and unalterable policy of the State founded upon the best interests of both the white and colored population that white and colored pupils shall not be mingled in the public schools or colleges, they deemed it best to postpone further consideration of the subject until, by legislative action, some other provision could be made for colored pupils and thereby any question as to them avoided.

"Appreciating the wisdom and justice of a proper provision for the the colored pupils, the late constitutional convention in Sec. 14 of Article VII, authorizes the erection and maintenance of a branch University for the education of colored youths Other states of the South, accepting the donation of congress for the establishment of a college like ours, have made separate provisson for the colored youth, and it is recommended that the same be done in Texas. It is desired by the board of Trustees to put the Bryan college in operation at the beginning of the scholastic year in the fall of 1876, and by prompt action the school for colored pupils may commence operations during the ensuing year. The college at Bryan is now complete.

The affairs of the University, in connection with its branch, the Agricultural and Mechanical College.

and the Prairie View school, which was established for the benefit of the colored people, and subjected to the control of the college directors, are interestingly reviewed in the message of Governor Roberts to the Seventeenth legislature.

The support of the Agricultural and Mechanical College is provided for under Sec. 48, Art 3, of the constitution of 176; and by Sec. 13 of Art. 7, of the constitution, the college is made a branch of the University. It is further provided for by special endowment of the federal government and the State's acceptance of the provisions of the acts of congress for establishing agricultural colleges and experiment stations in the several States. The college has from its federal donation a productive fund of $209,000, and has had from the University fund $86,000, and about $250,000 from State revenue funds. Its annual income from various sources is about equal to that of the entire University, say $50,000. It has besides some $36,000, with some years accumulated interest in reserve funds, which interest can be applied as available resources. The value of its lands and buildings was estimated some years ago at $204,662 and its permanent equipments at $34,300. According to State Commissioner Foster's report, 1888, the value of the property of the college was: Grounds and buildings $260,000, equipments, including stock, machinery, apparatus, library, $75.000. Altogether it has been quite liberally fostered, and is represented to be in a flourishing condition. * Hon. L. S. Ross, present governor of Texas, who has lately been elected president of the college, has accepted the position, and his acceptance seems to have had an inspiring effect in largely increasing the attendance of students this session, so that greater provision is needed for their accommodation. Under recent act of congress the college

* The valne of University property, as stated in Mr. Foster's report, is:

Building and grounds.

Value of library..

Chemical and physical apparatus.

Total

.$200,000

10,573

30,945

$241,518