were entitled to the non patented lands which the State sold to them at the state's then minimum price, $1.50 per acre, though they were worth much more when sold, and so much more now, most of them from $5 to $20 per acre.

Land Commissioner Hall furnishes the writer the following statement as to these lands: "The lands secured to the State for the University, by the recent compromise, in McLennan County had been sold under the provisions of an act of 1874, with the exception of a few small tracts which are comparatively worthless. The relief act of March 6, 1875 extending time for payments for the lands in litigation on account of the Moreno grant virtually suspended payments of interest on these lands, but since the recent compromise with Mexia, payments have been made of interest and principal in full and patents have been issued in many instances. From this source the available fund of the University has been largely increased during the present year, in many cases the accumulation of ten years interest having been paid at one time. Some purchasers wanted the interest abated, but the landoffice ruled against them, and construed the law to require payment of interest from the date of the contract of sale. Upon that ruling they paid up the interest from the date of contract in accordance with the terms of purchase, and in some instances the interest amounted to much more than the principal. Some of them proposed to pay the principal without the interest, and refer the question of paying the interest to the action of the legislature, but State Treasurer Lubbock held that he would receive no payments of the principal till the interest was paid."

The University lands are sold by the State Land Commissioner and the proceeds are invested by the State Board of Education in bonds or other securities for account of the permanent fund of the University, and the interest is reserved for available fund.

THE UNIVERSITY AND THE FREE SCHOOLS.

The Constitution of 1845 (Art. 10, Sec. 1,) made it the duty of the legislature to make suitable provision

for the maintenance and support of public free schools and the same provision is contained in the constitutions of 1861, 1866 and 1876. The University for which the congress of the Republic had so early provided in 1839 was not mentioned in the first State constitution of 1845, perhaps on account of its being then merely in embryo and its establishment not pressing upon the public mind; or possibly, and if so, properly enough, because it was considered part and parcel, as a great free tuition school, of the general free school system of the State. not requiring special designation to bring it within the scope and benefits of the general provisions for free school instruction. As an evidence that it was regarded in this light, it is declared in the preamble to the act of Feb. 11, 1858, establishing the University that "from the earliest times it had been the cherished design of the people of the Republic and of the State of Texas that there shall be established within her limits an institution of learning for the instruction of the youths of the land in the higher branches of learning, and in the liberal arts and sciences, and to be so endowed, supported and maintained as to place within the reach of our people, whether rich or poor, the opportunity of conferring upon the sons of the State a thorough education." Thus it is made the duty of the University as a factor in the State's own provision for free education to complete the work begun in the public schools so as to afford the advantages of higher education to the poor as well as the rich.

As further evidence of such regard of the University the law requires the regents to submit their reports to the State Board of Education. (Sec. 21, University act of 1881.

The following references, gathered from debates published in the Austin State Gazette serve to show the division of public sentiment as to University and free schools:

In the Sixth legislature in December, 1855, a bill to provide for the erection and support of a State University being under consideration in the senate, Mr. Palmer argued in favor of a single University of which the State and the entire South might be proud. Mr. Lott favored

two universities and moved to strike out of the caption "a University" and insert "two Universities. Mr. Bryan opposed the amendinent and moved to lay it on the table, but the motion failed.

Mr. Grimes argued that the appropriation proposed, $300,000, was not sufficient, and as they seemed determined to have two universities he moved to amend by making the amount $500,000. Adopted.

Mr. Millican moved to make the appropriation $1,000,000. Lost.

Mr. Paimer offered as a substitute "A bill to establish a State University," and spoke at length in support of the bill. Mr. Russell distrusted the propriety of the movement at that time, when there were no facilities of transportation. We should first establish some system of internal improvements, but, he argued, we have ample means, and if the work must be commenced, he was in favor of two institutions.

Mr. Flanagan preferred two universities, arguing that the time had come when the State could well afford to support two splendid universities, such as the honor of this great State demanded. The State's vast territory justified this, and they would be rival institutions inciting each other to improvement and development. He argued that Texas had greater resources for educational endowments than any State in the Union, and could well maintain two universities.

Mr. Bryan alluded to the economics of the measure. A single university of the highest character, he argued, would unite the people in its support, and prevent sending our children to institutions abroad, carrying away with them each three, four or five hundred dollars every year to be distributed beyond our borders, and much of it among those who are enemies to our insti tutions and will spare no pains to instill into the minds of our children doctrines and prejudices antagonistic to the opinions of the South.

Mr. Taylor of Cass favored two universities rather than one, but thought it was not the proper time for them. Mr. White favored a single university and made a strong speech in its favor.

Mr. Maverick protested against the whole thing as

wrong; the country did not want either one or two universities. If we had a university there is far more likelihood that it would have to be abated as a nuisance than that we should desire another. The schools, he argued, must first be established for the general wants of the people before we advance to academies and universities. If put on foot before the people call for it, a university, not being wanted by the people or properly constituted, will be sure to set itself up as a secret, malignant enemy of the people. It is curious, too, he added, that we must begin with a university-so nice, so fine and so religious! I trust there is a mistake in this calculation. And look out to see if some wise heads are not hit and badly bumped against these high and mighty walls of humbuggery. Such and so rank are the offenses at West Point and other high schools and universities that ere long the public must either transform or suppress them.*

Mr. Armstrong opposed establishing colleges or universities till the State had established a system of common schools for the masses. "Colleges," he said, "are generally the hotbeds of immorality, profligacy and licentiousness. We see the characters of more youths. corrupted and depraved in colleges, more persons who come from colleges who end their lives by committing suicide than we do of those who come from the common schools of our country. They also have a tendency to create an aristocracy, and raise a distinction between different classes of our citizens. Let us provide a practical and efficient system of common schools, in which the exercises shall alternate between labor and study so that the body of the student may be developed in proportion to the advancement of the mind."

*Mr. Maverick, who had himself been favored with the finest educational advantages, was a gentleman of sterling character, and quite wealthy, being one of the largest land and cattle owners in the State. He raised his children to exercise peculiar habits of industry and economy, and was peculiar in other respects. It is related of him, for instance, that he would generally take the middle of Congress Avenue to avoid being jostled by the crowds which often thronged the sidewalks during sessions of the Legislature. It is a'so stated that to have the benefit of any doubt as to the ownership of any unbranded yearling calves found and raised on his ranches, he had them marked with his own brand, as would seem proper, and that from his adherence to this rule the term "mavericks" came to be applied generally to all such cattle in Texas.

Mr. Guinn endorsed the dual plan, and thought it was the proper time to decide the matter. Mr. Scott agreed with Mr. Maverick that there was no necessity for such institutions, but if an appropriation must be made he would favor two universities. He offered as a substitute a bill appropriating $1,000,000 of the five per cent United States bonds as an additional fund for common schools.

Mr. Palmer said: "I sincerely hope that the senate will not destroy all the benefits which are commonly derived from institutions of this character by fritering away the means we propose to donate by starting two universities, neither of which can be such an institution as what we now have in contemplation."

Mr. Bryan, seeing that the prevalent idea in the legislature favored two Universities rather than one, or else to test the matter, finally offered a substitute to establish two of them, one in the Eastern and the other in the Western part of the State.

The senate refused to table the substitute and the whole matter was referred to the committee on education.

As to Mr. Armstrong's argument based on suicides, it will be noticed that he makes no allowance for the great disparity between the number of persons who attend the schools and those sent to colleges and universities.

As to the probable resources of the State about this period, they may be inferred from the following statement, taken from an official source, and referring to the U. S. bonds alluded to in Mr. Scott's amendment: "From 1852 to 1858 no tax was collected for the support of the State government. One-tenth of the taxes assessed was paid into the State treasury for school purposes, and nine-tenths was remitted to the several counties. The expenses of the government for these years were paid from taxes accrued prior to 1852 and from the proceeds of the sale of a portion of the territory of the State (Santa Fe's portion) to the United States government. Of the proceeds of this sale, $5,000,000 in United States bonds was paid into the State treasury in February, 1852, and up to January,