enue instead of university funds for their establishment. It should not be "justified diversion," except under the most extraordinary emergencies, to take the university fund, or any trust fund for any purpose, for which general revenue may be appropriated, or for other than the objects for which the trusts were created. The University fund was intended to establish other branches besides the college, and as the college has had its benefits from the fund, it should take its turn, and wait for the establishment of the other branches, so that all the objects for which the university trust was designed may be accomplished. It were better perhaps to discard mere abstruse technicalities of construction, and let the college, the free schools, and the University, all have the benefit of appropriations from general revenue when it has the funds to afford them. Their special endowments should not be a perpetual bar to any aid it may be desirable for the State to extend to them in lands, money or bonds. One generation is not expected to legislate for all time for future generations, and even organic laws have to be changed to meet new conditions.

66
"THE ALL AROUND OUTCOME.

"Some weeks ago, the Statesman charged that a deal had been made between the Agricultural and Mechanical College, and the advocates of the medical branch of the University. This deal, or bargain, was to the effect that, for the support of the Agricultural and Mechanical's friends in getting $50,000 to establish the medical branch at Galveston, all the influence Galveston could muster would be thrown in the breach to get as much money as possible for the Agricultural and Mechanical College; to make the university fund contribute more than its share, and then bleed the general revenue for $20,000 more to erect other buildings for the Agricultural and Mechanical College. This scheme went along beautifully till it came to the senate, when it was incontinently knocked in the head. But in the free conference committee of the two bodies, it again came to the front. In that committee Col. Claiborne, Galveston's senator, showed his hand.

He left his four brother senators and voted every time with the five house members, cutting out every amendment but two, that the senate had made to the appropriation bill, even sacrificing the appropriation to furnish the new capitol, that Claiborne had fathered in the senate, and that had been added to the bill by the senate. In this action Senator Claiborne could have been actuated but by one motive-the success of his pet scheme of having the medical branch of the University at once established at Galveston.

The senate had changed the appropriation of $50,000 and given it with the accrued interest on the university's claim, amounting in all to $88,000, back to the university fund where it properly belonged. When this item was reached in the conference committee, Senator Armistead, backed by four of his brother senators, Frank, Glasscock, Jarvis and Simkins, took the firm stand that there was a senate connected with the Twentieth legislature and positively affirmed, despite the threat of the house, to adjourn, without making any appropriations-that the senate would not consent to let this $50,000 go to the medical college, unless the $38,000 interest should be given to the university fund. This being agreed to, the majority so reported to the house, but a minority report cutting out both of these appropriations was also handed in to the house, adopted by that body, and later adopted by the senate.. Senator Claiborne, and Colonel Gresham, the Galveston member in the house, played too sharp a game. They counted upon more influenee than they could control. The A. and M. College people had landed their fish and deserted the medical fellows at the last moment. The medical branch lost its $50,000, and the old, debt due by the State to the University is still outstanding. In addition to this defeat, these gentlemen have the mortifying consciousness of knowing they have cut down really meritorious appropriations and deprived the capitol of its new dress for two years to come."

* Alluding to items in the general appropriations for improving the capitol grounds and furnishing the new State house.

RETROSPECT AND PROSPECTIVE.

So far, the retrospect has shown remarkable struggles on the part of the advocates of higher education to get the University into operation; how they have had to combat normal as well as abnormal conditions in the development of the country in order to overcome popular prejudices, not only in the minds, but in the affections of the people for the free schools as home institutions, and pets of the politicians; and how possibly, but for the influx and influence of educated men with more advanced ideas and experience as to the benefits and effects of university education in the older States, the hopes of the founders of the Texas University, with all its grandly planned endowment, might not even yet be realized. Much has been accomplished to dispel the mists of prejudice and open a bright prospective, but much remains to be done to keep step to the music of educational progress, and the grand march of this Empire State in political importance. Still as it is, and has been, and may be, there is glory enough in the history of education in Texas to kindle a spirit of pride in the establishment of the State University, and light up the future with bright anticipations of the time when all prejudice to higher education, if any yet lingers in the hearts of the people, will be removed and every true Texan will feel genuine pride in claiming, "This is my own, my Texas University."

CHAPTER II.

THE UNIVERSITY'S RESOURCES.

THE UNIVERSITY ENDOWMENT.

For a long time there seemed to be an impression in the minds of some members of the legislature that the second million, making something over 2,000,000 acres of land altogether, including the fifty leagues, donated to the University, was intended at the time of the grant of the last million acres, as a satisfaction of all claims by the University against the State, and consequently they were unwilling to admit that the legis lature was under any obligations to return the money, which had been diverted from the university fund for the State's general revenue purposes. Mr. Steele and some other members of the Twentieth legislature, who opposed the University having any further favors from the State, made this point, claiming that such had been the understanding with friends of the University, either in the house or the senate committee on lands, or education. They were never able, however, after the most diligent rummaging, to find anything in the records to substantiate such statement, but, as already stated and referred to further along, they did succeed in having such a declaration incorporated, for all it is worth (?) in connection with an appropriation for the University, by declaring the amount allowed to be "a loan, in full payment and satisfaction of all claims of the University of Texas against the State of Texas." The fact as to this last million acres donation, as the history of the institution shows, is, that the University had never received the full benefit of the State's several university provisions, and that the State's subsequent donations have been only so many restitutions in land and money, so far as they went, but falling vastly short even yet of what rightfully belongs to the University, under the original provisions, made for its endowment. That

donation did not, by over one-half, make good the domain of which the University had been deprived by the State, for, as may be seen by reference to the original grant, and to subsequent legislation, and as the facts and figures demonstrate, the University had been deprived of over one million two hundred thousand (1,200,000) acres. All this had been done while the institution, for all legal purposes, was but an infant, unable to protest against acts that violated not only thespirit of the first constitution, but the intent of other acts, and especially against spoliation of its rights by the constitution of 1876, as that constitution impaired the act of 1858, which had given the University onehundred thousand dollars ($100,000) of United States bonds, then in the State treasury, confirmed to it the grant of fifty leagues of land, donated by act of 1839, and set aside every tenth section that might thereafter be surveyed for school purposes, under grants to rail-road companies (Act of January 30, 1854). There were no laches on the part of the University all this time, because it had not been established, so as to be in condition to assert its claims before the legislature, or other tribunals, and was like a minor, without parent. or guardian, save as the State chose to pay any attention to its interests, and such attention as it did take, being too often unfriendly to the institution, or prejudiced by political influences. The University then being in its infancy, and too weak to have its claims presented, much less enforced, and having really no. advocate to plead its cause against the imperious will of the legislature, the State used its funds, and diverted! its lands at pleasure, without protest in the University's behalf from any quarter. And now, even at this lateday, all that is asked is, that the State in a spirit of justice and in the amplitude of its power, with abundant landed and financial resources, make reason-able restitution.

Alluding to these facts in the history of the University, Judge Terrell, in his speech in the State senate, April 19, 1882, on the bill then pending to set aside two million acres of land for the University, said: "Had that law (Act of 1858) not been disturbed by