LIBRARY OF THIC University of California. GIK^T OK \) Class University of the State of New York ORIGIN, HISTORY AND PRESENT ORGANIZATION SIDNEY SHERWOOD, PH.D. Associate in Political Economy, Johns Hopkins University Accepted by the Johns Hopkins University as a Thesis for the Degree of Doctor of Philosophy, June, 1891 Printed as Regents' Bulletin No. ii, of the University of the State of New York, January, 1893 Albany, New York University of tlie State of New York ORIGIN, HISTORY AND PRESBNT ORGANIZATION SIDNEY SHERWOOD, PH.D. Associate m Political Ecorwmy, Johns Hopkins University Accepted by the Johns Hopkins University as a Thesis for the Degree of Doctor of Philosophy, Junk, 1891 Frintku as Regents' Bulletin No. ii, of the University of the State of New York, January, 1893 Albany, New York CONTENTS PAGH Introduction 201 New York a leader in innovation 201 Plan and scope of the work 202 1. Outline of the present system of edu- cation in New York 204 Private schools 204 State educational systems 204 Department of public instruction or com- mon school system 204 School districts 204 Union free school districts 205 School commissioners 205 City public schools 205 State superintendent of public in- struction 205 Chief executive powers of the state superintendent 206 Uniform examinations 206 Teachers' institutes 206 Academic teachers' classes 207 Normal schools 207 Judicial powers of the state superintendent 208 The superintendent of public in- struction and the University.. 209 University of the State of New York, or the system of higher education. 210 University act of 1889 210 "The University in form a private cor- poration 210 The University in fact a state bureau of higher education 212 State control of the University 213 Summary. State educational policy ... . 214 2. The founding of the University 215 Higher education in colonial times 215 King's college 217 New York at the close of the revo- lution 218 Legislation of 1784 219 Act of -May I, 1784 223 Amendatory act of Nov. 26, 1784 225 Legislation, a compromise of par- ties ' 227 Legislation of 1787 228 Predominance of Columbia college . . 228 PAGE 2. The founding of the University— contin. Legislation of 1787 : Opposition to the Columbia mon- opoly 230 Struggle over the new law 232 Attempt of Columbia to reorganize the University ■ 233 Popular attempt at reorganization ... 336 L'Hommedieu's bill and Hamilton's bill not the same 240 Consolidation and compromise ' 245 Act of April 13, 1787 248 Hamilton or L'Hommedieu? 253 3. An era of educational revolution 254 University of the State of New York a revolution 254 The revolutionary idea not English 255 Contrast between the University and the English universities 25S The revolutionary idea in New York be- fore 1784 • ■ 257 An era of educational revolution in America 1776-89 261 Georgia 261 North Carolina 261 Pennsylvania 262 Massachusetts 262 Virginia 262 Political revolution and educational revo- lution 263 The educational revolution in Europe... 264 France the nursery of the educational revolution 265 Debt of New York to France 269 The American state university 272 4. Century of university work 273 University extension 275 The University's opportunity 279 A school for graduate work • 279 An academy for the training of civil officers : 281 General education in economics and politics 283 Bibliography 2°° Appendix: Text of University law of 1892. 288 University of the State of New York Regents' Bulletin No. II January 1893 UNIVERSITY OF THE STATE OF NEW YORK ORIGIN, HISTORY AND PRESENT ORGANIZATION By Sidney Sherwood, Ph. D. Asssociate in Political Econom)', Johns Hopkins University INTRODUCTION The system of higher education in New York is one of great interest to the students of state educational institutions. It has the interest of age and of historic incident, for it is closely connected with the whole development of the state. The distinguished men who aided in found- ing it, and their distinguished successors in its control, give to its his- tory that interest which springs from association with conspicuous personality. But it is the greatness of the work achieved by this system in the development of the educational life of the state which chiefly entitles it to be studied. And yet the boundaries of the com- monwealth do not bound the historic or the practical importance of the university. The American colonies were profoundly influenced during the latter half of the i8th century by the new educational ideas with which revolutionary France conquered the 19th century. The New York system shows abundant traces of this influence and itself has become a source of an influence which has spread to the Pacific on the one hand and back to Europe on the other. New York a leader in innovation. New York has always been a leader among the states in the practical methods and organization of ABBREVIATIONS New York (state) — University. Regents' report. Reg. rep't [followed by no. of rep't and year incurves; e. g. Reg. rep't, 103(1889)]. New York (state) — University. Proceedings of Conv. proc. the University convocation. New York (state) — University. Historical and Hist, record. statistical record, by F. B. Hough. New York (slate) — Public instruction, Sup't of. Sup't's rep't [followed by no. of rep't and Annual reports. year in curves]. New York legislative papers. N. Y. leg. papers. 202 UNIVERSITY OF THE STATE OF NEW YORK progressive change, whether in politics, in finance, in commerce, in law or in education. The commercial adroitness and activity of the city were strongly marked even under the Dutch regime. The plan for securing paper money issues by national banks was carried to Washing- ton by Secretary Chase, from New York, where it had been in operation for a quarter of a century. Nearly every movement toward the organ- ization of a new political party in the United States has had its source and center in New York. From Aaron Burr to the present time, New York has been the pivot around which revolved the political destiny of aspirants to high office in the nation. Nowhere else has the spoils system in politics, this 19th century survival of the old Teutonic comitatus, received so splendid an illustration of its efficiency as a machine for party control, as in New York. Not even to Massachusetts, does New York yield place in the num- ber and value of her legal reforms, whether in substantive law or in pro- cedure. In the abolition of feudal tenures, of the old cumbersome methods of conveyance of real property and in the simplification of pleadings and procedure, New York has led the way. But these are only instances. Within 20 years England has introduced two most beneficent innovations in her law, viz : the abolition of separate chancery courts and of the disabilities of married women in regard to the ownership of property and the conduct of business. New York anticipated England more than 20 years in these reforms. In the codification of law, also. New York has given the impulse which is gradually transforming the legal systems of this country. " Innovation," says Henry Adams, speaking of, the early years of this century, "was the most useful purpose which New York could serve in human interest, and never was a city better fitted for its work.'" Plan and scope of the work. The commercial and political im- portance of the city tends to overshadow the achievements of the com- monwealth in other fields of activity. The University of the State of /New York is an innovation in educational organization which deserves ^o be better known.l It is the aim of the writer to make this system better known. He has attempted, by a careful outline of the organiza- tion and work of this University, to show what this state is doing for the higher education of its people, and what has been the influence of its system and its activity upon the progress of higher education in other states and countries. The University of the State of New York, com- prising as it does all the chartered colleges and secondary schools m the state, is an institution unique in its organization and in its methods of work.' The writer believes that he has thrown new light upon the beginning of the University and has shown it s international origin. It lAdams, Henry B. History of the United States of America, v. i. p. 112. HISTORY AND ORGAXIZATION 203 was but one result of a great movement in educational reform, which in the latter part of the i8th century swept over continental Europe and America. He has, at the same time, pointed out the particular causes which led New York to work out her peculiar system, a system admirably adapted to the needs of the state, and a tpodel which has suggested many reforms beyond the boundaries of the commonwealth. The Empire state has no prouder or juster claim to greatness than her imperial University. The period from the organization of the University (1784-87) until the beginning of its later increased activity with the law of 1889, has been very hurriedly passed over. This period has been treated fully and ably in a publication prepared under the auspices of the regents of the University, at the time of their centennial celebration in 1884;' a work to which the writer is greatly indebted for its valuable collections of facts and the suggestiveness of its historical comments. The later activity of the University has been somewhat more fully treated in this monograph. The revision and codification of the laws relating to the University in 1889, and the extension of its powers thereunder, as well as the present plans and prospects of the University have been care- fully studied by the writer, who has made some suggestions as to a further extension of the work of higher education by the University. In April 1892, a new university law was enacted, just as this mono- graph was ready for the printer. The purpose of the law was to revise and consolidate the laws relating to the University. It has also revised the general legislation relating to the colleges. It thus covers a wider field than the law of 1889 and might well be called a "Code of higher education." It repeals the most of former laws relating to higher educa- tion. It stands thus as the compact embodiment of that historic evolu- tion which the writer has attempted to trace in this narrative. As such, it has seemed best to print it in full, as an appendix. This volume thus serves as an historic introduction to the present law, which must be the starting point of all new developments. The structure, powers and methods of the University itself, remain substantially unaltered. The analysis of the law of 1889 which the writer has given, will therefore, be intelligible to the reader of the law of 1892 and will, in turn, help to make clear the scope and meaning of the latest laAv. There are two features in the law of 1892 which clearly show the newer spirit of progress in this old, historic University. One is the remarkable em- . phasis given to libraries as an agency in higher education. The other is'the incorporation of university extension as a regular and permanent department of the University work. ^^^ ' N. Y. (state) — University. Historical and statistical record, 1784-1884, by Franklin B. Hough; with an introductory sketch by David Murray, Ph. D., LL. D., sec'y of the regents, Albany, 1885. 204 UNIVERSITY OF THE STATE OF NEW YORK CHAPTER I OUTLINES OF THE PRESENT SYSTEM OF EDUCATION IN NEW YORK New York has a system of education which is complex and without theoretic unity, a system in fact without system. In its practical work- ing, however, there is a real unity. Like the English constitution it is the result of historic growth, and the practical gifts of the people have made possible the harmonious, efiticient management of what would seem like an ill contrived machine, were it the contrivance of a single mind or a single legislature. Private schools. The state exercises no monoply of education. While every college, academy and private school is in a very important sense a state institution, yet there has always existed complete free- dom of instruction. Splendid work has been done by a multitude of unchartered institutions, unaided by public money, si;bjecL_J:Q^o visitation or control by public authority. It is, however, a settled policjTof the state. That all chartered institutions of learning shall be considered as parts of the state system, and while allowed virtually complete self-government in internal administration, shall yet be held accountable to the state for the proper performance of their duties. With the strictly private schools, the present inquiry has no concern. State educational systems. There are two distinct, coordinated systems of public education in New York ; occupying different fields, organized upon different plans ; working in great part without reference to each other, and yet in a few points, vitally connected. It will be seen later on, how this anomalous dual system originated. At present a clear statement of the constitution and scope of each is needed, to render plain the lines of this historic inquiry. I DEPARTMENT OF PUBLIC INSTRUCTION, OR COMMON SCHOOL SYSTEM For purposes of primary instruction, the state is dividgdUnto 112' school commissioner districts. All cities, except Kingston, are ex- cluded from this division. These districts are subdivided into school districts, the number varying according to the needs of each locality. " The cities, with the above exception, and a few incorporated vil- lages, have school organizations established by special statutes, under the supervision of local superintendents.' School districts. The school district is the smallest territorial division of the state. The qualified voters of the school district, elect at district meetings, one or three trustees who are the " local executive 1 In 1884. ^Sup't's rep't, 30th (1884), p. 5. HISTORY AND ORGANIZATION 205 officers empowered to carry out the mandates of the district meetings." They have to report annually to the district meeting and to the school commissioners. The district meeting elects a clerk, collector and a librarian. This system secures thus the most minute local self-govern- ment in the matter of the primary schools. Union free school districts. Under a general law passed in 1853, school districts are authorized to combine into "union free school districts " and to establish graded schools, to be maintained by a gen- eral tax. These schools are under the management of elective boards of education with similar powers to those of district trustees. They re- port to the school commissioners. This plan has been generally adopted in villages, thereby securing a higher grade of education. These union free schools are important as being the main point of con- tact between the two systems of public instruction. School commissioners. The electors of each school commis- sioner's district elect triennially at a general election, a school commis- sioner. This officer lays out and regulates the boundaries between school districts, apportions the public money allotted to his district by the state superintendent, and in general, exercises a constant and mi- nute supervision over all matters relating to the school districts within his jurisdiction. School commissioners have advisory powers with school district trustees and in some few matters compulsory powers. They examine and license teachers within their districts, and examine and recommend candidates for appointment as students in the normal schools. They are required to make annual reports to the state super- intendent " containing a complete abstract of all the material facts, sta- tistical and financial, required and' contained in all the trustees' re- ports to the commissioners " as well as observations and suggestions on their own part or in response to special enquiries from the superintend- ent. City public schools. " The city public schools, and those in some of the incorporated villages having a population of not less than 5,000, are managed by local boards of education under special statutes." In some cities and villages these schools are under the supervision, not of school commissioners, but of special local superintendents, who report both to the local boards and to the state superintendent. State superintendent of public instruction. This educational division and organization of the state has no vital relation to the political system of the county and township subdivision. Territorially and personally this educational system is independent and complete in itself. The minute local self-government in the school districts is counterbalanced by the centralization of power in the state super- ' Sup't's rep't, 30th (1884), p. 8. 206 UNIVERSITY OF THE STATE OF NEW YORK intendent of public instruction. This state officer is intrusted with powers of a character almost autocratic. He is elected by the joint ballots of the senate and assembly, and holds office for three years. This office has existed since 1854 when the department of public in- struction was organized upon its present basis.' Besides appointing the working force in his own bureau, " he makes appointments of state pupils to the institution for the instruction of the deaf and dumb and the blind, upon the certificates of the proper local officers, . . . and has charge of all the Indian schools upon the several Indian reserva- tions""' and appoints their superintendents. He apportions and dis- tributes the public money appropriated by the legislature for the sup- port of schools " amounting to more than $4,000,000 annually. " He compiles the abstracts of the reports from all the school districts in the state, reported to him by the school commissioners, and the matters re- ported to him by city superintendents, boards of education of incor- porated villages organized by special statutes providing for local super- vision, and reports annually to the legislature.'"* He has general supervision over all the agencies for the training of teachers. The system for the training of public school teachers is, in theory, a complete one. There are: Uniform examinations • Academic teachers' classes Teachers' institutes Normal schools^ Uniform examinations for teachers' certificates. While teachers' licenses are issued upon examination by school commissioners and other local officers, such licenses are valid only within the district of such examining officer. State certificates are issued only upon ex- aminations conducted by examiners appointed by the state superin- tendent, who also " with the assistance of the regular corps of institute instructors, prepares the examination questions to be used in such ex- aminations."^ He also regulates the grades of the certificates issued by school commissioners. Teachers' institutes. These popular training classes are held annually in each school commission district and are attended by a total of about 20,000 teachers. The usual length of the session is one week. The state superintendent has the control of these institutes, appointing the regular and special instructors, and directing the work. ' Laws of 1854, ch. 97. Sup't's rep't. 30th (1884), p. 5-58. Sup't's rep't, 32d (1886), p. 5-72. These two reports taken together give a valuable account of the organization and working of the department of public instruction. 2 Sup't's rep't, 30th (1884), p. II. ^ There is also in New York city a "College for the training of teachers," but this is a part of the University and is connected only with higher education. * Sup't's rep't, 32d (1886), p. 9. HISTORY AND ORGANIZATION 20/ Teachers' classes in academies. The act above referred to, which authorized the consolidation of several school districts into *' union free school districts," also authorized the establishment in these union schools of "academic departments." These academic depart- ments were regarded as of equal grade with the academies which were under the supervision of the University and hence being a part of the system of secondary instruction were made subject to the visitation and control, not of the state superintendent, but of the regents of the Uni- versity. In 1834 the regents were authorized to establish in the academies, classes for the training of teachers, which classes have been maintained ever since in academies, and also since 1877 in the academic departments of union schools. In 1888 there were 3,258 pupils in these classes who attended over 10 weeks and 2,676 who completed the full course of 16 weeks. They are regarded as "about the only instru- mentality for training teachers for our ungraded schools."* By a law passed April 15, 1889,^ "the powers and duties conferred and imposed upon the regents of the University by 'previous acts' relative to the instruction of classes in academies and union schools in the science and practice of common school teaching are hereby trans- ferred to the superintendent of public instruction." This law was the result of some deliberation on the part of the regents and the associa- tion of academic principals, and was passed upon being recommended by the regents in their report to the legislature.^ Its object was to bring under a single management all the instrumentalities for the prepa- ration of common school teachers. This transfer included the man- agement of the annual appropriation of $30,000 for maintaining the teachers' classes. In 1890, the annual appropriation was increased to $60,000.* Normal schools. There are now 1 1 of these state schools. The oldest of these, the Albany state normal school, was founded in 1844, and placed under the joint management of the superintendent of common schools (since 1854, the superintendent of public instruction) and the regents of the University. " The local management of the latter school (the Albany state normal school) is vested in an executive committee consisting of five members, of whom the state superintendent is one, and the other four are appointed by the joint action of the state super- intendent and the regents of the University."* On March 13, 1890, the regents made this school "the New York state normal college." and its work has been reorganized upon a higher basis, instructing only ad- ' Reg. rep't, 102 (1889), p. 821. « Laws of 1889, ch. 137. ^'Reg. rep't, 103 (1889), p. 27, 26S. '' Laws of iSgo, ch. 170. «Sup't's rep't, 32d (i336), p. 7. 208 UNIVERSITY OF THE STATE OF NEW YORK vanced pupils and being exclusively a normal training school,' whose graduates receive the degree of bachelor of pedagogy. The other lo state normal schools are entirely under the direction of the state superintendent. They are governed by local boards, ap- pointed by him ; and he also appoints the teachers in these schools upon nomination by the local boards. The normal schools, besides the nor- mal departments in which the technical training of teachers is carried on, undertake also a general instruction of an academic character, which has been rather a hindrance than a benefit to the development of the normal training. The state superintendent " appoints on the recom- mendation of school commissioners and city superintendents of schools, the pupils in the normal department of the several state normal schools, subject to a preliminary entrance examination by the faculties of such schools.""* These schools report to the state superintendent, and each local board is " subject to his general supervision and direction in all things pertaining to the school." This hurried sketch of the chief powers of the superintendent of pub- lic instruction shows a remarkable centralization in the hands of the single head of the state department of public instruction. While school trustees, school commissioners, and city superintendents, and boards of education are elective and local taxation is voted in the various dis- tricts, yet all these local officers are under the supervision of the state superintendent and the state money is distributed by him. To these executive powers are added an extraordinary judicial power which makes the centralizing tendency effective and complete. Judicial powers of the state superintendent of public in- struction. The state superintendent is the final arbiter in all disputes concerning school matters. Not only has he an advisory power which is systematically and laboriously exercised " through the medium of correspondence by mail, or through oral conferences between the superintendent or his deputy and school officers, teachers, parents, and others, coming to the department from various parts of the state,"^ but he acts as a court of final appeal with power to enforce his decision. " Any person feeling himself aggrieved in consequence of any decision made " by school district meetings, school commissioners, supervisors, district trustees, and other officers in regard to any matter under the school laws ''may appeal to the superintendent of public instruction." Thus the verysanctum^oM ocal self-governmen t, t he district meetmg, ^TB^I^^TT^d^^^TsTori^h^^ system.-An address delivered before the New York state teachers association at Saratoga Springs, July 8, 1890. 2 Sup't's rep't, 32d (1886), p. 7- sSup't's rep't, 32d (1886), p. 12-13. HISTORY AND ORGANIZATION 209 is invaded by the central authority of the state. The superintendent in this capacity, establishes rules of practice, issues injunctions and makes all necessary orders. Councils are heard before him. The questions involved on their appeals touch all branches of the civil law, of the state constitutional law, real estate law, the law of contracts, the law of wills and the like. Hence, there is conferred upon the superintendent, an appellate judicial authority coordinate with that of the court of ap- peals in some respects, for the law declares that " his decision shall be final and conclusive, and not subject to question or review in any place or court whatever.'" And this despotic judicial authority has the amplest means of enforc- ing its decisions. The superintendent has — "First, the power to compel the assessment and collection of taxes in a school district to pay proper demands against the district. Second, the power to remove from office any school trustee, or member of a board of education of a union free school district, or other school officer, for any wilful violation or neglect of duty under the school statutes, or for wilfully disobeying any decision, order or regulation of the superin- tendent.'" This extreme centralization in the system of primary in- struction has worked undeniably well. However democratic in her political philosophy New York may be, the history of her common schools as well as of her University shows that she has imperialist in- stincts. The Empire state is not a mere fancy name.^ Superintendent of public instruction and the University. It has already been seen how in the control of the " New York state normal college," and of the academic departments of union free schools, the department of public instruction and the University are brought into direct and organic cooperation. There are other points of contact between the systems of higher and of primary instruction. The state superintendent is, ex officio, a regent of the University, a trustee of Cornell university and of Syracuse university. ' Laws of 1864, ch. ^Sup't's rep't, 32d (1886), p. 13. ^Thepolicy of state support and state control of the common school system has been on the whole very efficient. The address of Superintendent Draper, above referred to, contains an admirable statement of what has been done by New York in these matters. In the year 1889-90 over |i 7,000,000 were raised by state and local taxation for the common schools. Local authorities can exercise the right of eminent domain in the acquisition of school sites. State supervisioa began in 1812, when the office of "State superintendent of common schools" was created. From 1821 to 1854 the secretary of state performed the duties of this office. Supervision by district or county officers has existed from 1841 to the present time, excepting the years between 1847 and 1856. From 1795 till 1856 there was also supervision by township officers. 27 2IO UNIVERSITY OF THE STATE OF NEW YORK a THE UNIVERSITY OF THE STATE OF NEW YORK, OR THE SYSTEM OF HIGHER EDUCATION University act of 1889. In the year 1889' the legislature of New York passed a law entitled "An act to revise and consolidate the laws relating to the University of the State of New York." This act in the words of the regents^ "consolidates 50 pages of laws which have grown up during the past century pertaining to the regents' department, into a single clear law of only seven pages. Besides codi- fying the old laws, the new act has defined and enlarged the powers of the University, and has put new safeguards and restrictions on the ex- ercise of those powers." An analysis of this law will give the best un- derstanding of the organization and work of the University. It is diffi- cult to place this University in any known category of institutions. In its origin it had the form of an English educational corporation; but upon it were ingrafted the powers and functions of a modern state de- partment of education. It was the first successful realization, in prac- tical form, of the plans of the French parliamentarians and encyclo- pedists for a system of education, unified and harmonized under state control.' It was not a full realization. It was at jirst_a rude machine. But it worked, anc^^ucfintuxyijof use and improvement has perfected it. Its original character it still retains. It is in form a pri vate corp^ oration; but with no prj yate priv ileges. Its private activities ar^_^orpublic ends. Its duties and responsibilities are chiefly those of a bureau of state_adJ3iinistration. It is a state department of higher education, or- ganized under the form of a private corporation. The University in form a private corporation. " The Uni, versity shall consist of all the institutions of academic and higher educa, tion which are now or may* hereafter be incorporated in this state, together with the state library and state museum, and such other libraries, museums or other institutions for higher education as may, in conformity with the ordinances of the regents, after official inspection, be admitted to the University."* From this section of the University act it might seem that the Univer- sity was simply a system of federated colleges like Oxford or Cambridge ; with the colleges, however, scattered throughout the state instead of being collected in the same town. It is the relation of the system to the state which makes the vital difference. The whole vast system is constituted an arm of state government. Besides the state library and state museum, there are in the University 476 institutions. These are 390 academies and high schools, and 86 colleges and professional^ schools, viz: 21 colleges of arts and science for men, eight for women, ' Laws of 1889, ch. 529. 'Reg. rep't, 103 (1889), p. 30. 'Laws 1889, ch. 529. HISTORY AND ORGANIZATION 211 and five for men and women, seven law schools, 19 medical schools, three schools of pharmacy, 12 theological schools, one polytechnic and 10 special institutions. Of these, one medical college, four theological schools, two law schools and one special school are not authorized to confer degrees. Cooper Union, Chautauqua university and Pratt Institute are ranked as special institutions. The term " college " is defined in the act to " include all institutions of higher education which are authorized to confer degrees," and the term " academy " to " include high schools, academic departments of union schools, and all other schools for higher education which are not authorized to confer degrees." The University therefore embraces all incorporated institutions for higher and secondary instruction in the state. The department of public instruction, on the other hand, em- braces in its system all schools for primary instruction and for the technical training of primary school teachers. The original corporate name of the University was " The Regents of the University of the State of New York.^' The act of 1889 changed this name to '' University of the State of New York " and conferred upon the University the usual general powers of a corporation. The government of the University is vested in 19 elective regents, and the governor, lieutenant-governor, secretary of state, and superin- tendent of public instruction who are regents, ex officio. The regents elect their own officers, a chancellor, a vice-chancellor, who serve with- out salary, and a secretary, who is also the ''financial officer of the University." The colleges and academies composing the University have no representation in the governing board. Indeed it is provided that — " No person shall be at the same time a regent of the university and a trustee, president, principal, or any other officer of any institution belonging to the University."^ The government of the University is imperial not federative. This differentiates it at once and completely from the English universities. A truer English analogy would be in the government which England exercises over her colonies. They are parts^jofthe empire. They govern themselves. But they havejio_voice in^the government of the whole. The University has many of the powers of an ordinary educational corporation. The regents are authorized to confer honorary degrees, ' This provision is violated by tlie fact that the governor and lieutenant-governor of the state and the superintendent of public instruction are made ex officio mem- bers at once of the board of regents and of the board of trustees of Cornell uni- versity, although the old law is not so stringent in its wording as the above. The real intent of the law is not violated, which was to exclude private influence of particular colleges. A stale officer might well be expected to look at matters from the state and not the college standpoint. 212 UNIVERSITY OF THE STATE OF NEW YORK to establish examinations and grant diplomas and degrees thereon, and "to maintain lectures connected with higher education." They " have power to adopt all needed resolutions, rules, by-laws and ordinances for the accomplishment of the trusts resposed in them." They may hold and buy, or sell, both lands and chattels. All their corporate powers are, however, public trusts. The University in fact a state bureau of higher education. The object of the University is declared to be " to encourage and promote academic and higher education by means of the several insti- tutions composing the University, to visit and inspect the same, to dis- tribute to them such funds as the state may appropriate for their use, and to perform such other duties as may be intrusted to it." The regents have entire control of the state library and the state museum; they are charged with the "preparation, publication and distribution " of various state publications and with the apportionment of public money to the academies. They are required " to establish in the academies of the University, examinations in such studies as the regents shall prescribe as furnishing a suitable standard of graduation from the academies, and of admission to the colleges of the state," and they have organized among the academies a far more extensive system of examinations than they are required to maintain. Medical students, unless college graduates, must take a regents' examination before beginning study at a medical school.' The same rule holds in case of law students. The regents are further required to appoint boards of examiners in medicine, to examine candidates for a state license to practise medicine. It is specially in the field of academic examinations that the regents tiave advanced the interests of higher education during the last 30 j^ears. The supervisory powers of the University are vast and stringent. " The regents shall, by themselves or their committees or officers, have full power to examine into the condition and operations of every institution in the University, and shall inspect the same, and require of each an annual report verified by the oath of its presiding officer and including such particulars as may be prescribed by the regents who shall annually report to the legislature, on all departments of the Uni- versity." Thus while the various colle ges aj id-academies have no /oice in the management of the University, the University has absolute power, in the name of the state, to inspect and to report to the legislature on all the affairs of these institutions. It is, however, in regard to the incorporation of colleges and academies that the public character of the University is most clearly ' Laws of 1889, ch. 468. HISTORY AND OK(JANIZATION 213 seen. The regents have power to " incorporate any college, academy, library, museum, or other educational institution under such name, with such number of trustees or other managers, and with such powers and privileges and subject to such limitations and restrictions, in all respects, as may be prescribed by the said regents in conformity to the laws of this state." The regents may also suspend the charter of any institu- tion for failure to report or other violation of law. Further, "the said regents may, at any time, for sufficient cause, and by an instrument under their common seal, to be recorded in their office, alter, amend, or repeal the charter of any college, academy or other institution subject to their visitation." The University is thus made coordinate with the legislature itself. It would seem that the state had so far abdicated its sovereignty, were the University not in fact a part of the state government. State control of the University. The constitution of the board of regents secures its control by the state. The life which vitalizes the corporation is the power of the people in their legisljjture. It has been seen that the governor of the state, the lieutenant-governor, the secre- tary of state and the superintendent of public instruction are regents ex officio. The remaining 19 regents are elective, but there is no co- optative perpetuation in the University. " In the case of the death, resignation or removal from the state of any elective regent, his suc- cessor shall be chosen by the legislature in the manner provided by law for the election of senators in congress, except that the election may take place at any time during the session of the legislature as it may determine." State control is further insured by the fact, that while the officers of the board of regents are elected by the regents, yet " each officer so elected shall, before entering on his duties, take and file with the secre- tary of state the oath required of state officers." It is also provided that if any regent absent himself from the meet- ings for a year without satisfactory excuse the fact shall be reported I to the legislature and a new regent elected in his place. The annual report which the regents are obliged to make, is another important feature in state control. It is a master stroke in the policy of state control that the regents are to serve without pay. A regular state department with its salaried officers would have been more easily brought under the control of a political party. It was keen political insight which led the authors of this scheme thus to compel into this high service of the state, the worthiest talent in the state. None but a citizen of worth and public spirit would accept a position of grave responsibility and important duty, when only honor was to be gained. And honor was not certain, for they hold their position at the pleasure of the legislature. 214 UNIVERSITY OF THE STATE OF NEW YORK The policy is not a democratic one ; but it has proved entirely suc- cessful ; the legislature has uniformly chosen men of high character and wide reputation. They could have no motive to do otherwise when there were no " spoils " in the office. No suspicion of political cor- ruption has ever touched the activity of the board of regents. They have been men chosen from among the foremost citizens of the state. It is interesting to note that Prussia is adopting in municipal adminis- tration this policy of gratuitous service by the citizens, but with this difference, characteristic of the Prussian state, that such service is there compulsory. It is one great merit of this peculiar constitution of the University, that to each separate college and academy is left its own charter, with all the stimulus of private gain and ambition, no mean stimulus in a social regime where individualism is -still the dominant principle of ac- tivity, while the great work of harmonizing this multitude of virtually independent institutions, of inspecting their action, of promoting plans of improvement an4 of bringing the whole into organic relation to the state, is performed by a few men whose very acceptance of the office proves their breadth of mind and zeal for the common good. SUMMARY State educational policy. From the foregoing sketch it has be- come apparent that in New York, the activity of the state is vital in every department and branch of educational enterprise. The points in the state system which are most noteworthy, are these : 1 The state system is not a monopoly. There exists perfect freedom for private educational enterprise, individual or associate, lay or clerical. 2 A public school sys\;em for primary instruction, supported entirely by local or general taxation and state funds, and designed for the free use of all children under compulsory attendance laws. This system is organized upon a special territorial sub-division of the state, distinct in the main from the political sub-division, and all its parts are subordinated to the authority of a single head elected by the legislature, — the state superintendent of public instruction. The extraordinary judicial power Icf final decision upon appeal, conferred upon this officer, makes the central authority of the state supreme in the regulation of even the smallest affairs and in the remotest home of local self-government. An extensive system of agencies for the training of teachers for the primary schools is also maintained under the control of this department. 3 A system of secondary and higher education, in which, all colleges and academies having state charters are made parts of a vast corpora- tion, called the "University of the State of New York," in the govern- ment of which, however, they have no voice. Although for the most part these institutions are private foundations and are maintained by HISTORY AND ORGANIZATION 21 5 private funds, they are subject absolutely to the visitation of the Uni- versity, which has the power o Hife and death jjvcr these bodies corpo- rate. The University, in spite of its form as a private corporation is in fact a state bureau of administration, exercising the sovereign authority of the state over the colleges and academies, while leaving to them the largest liberty for self-government in their internal affairs. 4 In both systems the policy is to secure the largest possible benefit, consistent with state control, from individual initiative and local pride. Of the $17,000,000 paid for common schools in the year 1889-90, $13,000,000 were raised by local taxation, and $4,000,000 only were the product of state taxation and state funds. The highest educational service rendered in the state, viz: the work of the regents, is a service rendered gratuitously. New York is imperial in her educational methods, but the imperialism is half-feudal in its type, voluntary ser- vice by the people in return for the paternal supremacy of the state. CHAPTER 2 THE FOUNDING OF THE UNIVERSITY HIGHER EDUCATION IN COLONIAU TIMES Little was done for the advancement of higher education in the New Netherlands. The policy of the Dutch in the matter of popular schools for elementary instruction was carried to the new world, and from the very beginning the Dutch settlers took care to provide public primary schools. In 1638 it was proposed, in certain articles for the coloniza- tion and trade of the New Netherlands, that " Each householder and inhabitant shall bear such tax and public charge as shall hereafter be considered proper for the maintenance of clergymen, comforters for the sick, school-masters and such like necessary officers.'" There had been schools even before this. And later, in 1659, " Alexander Carolus Curtius, before a professor in Lithuania," was engaged by the directors?, of the West India company and sent out to open a Latin school.' The English occupation in 1664 however put an end to this school, which appears to have been the only academy in New Amsterdam. Under the English regime Latin schools were encouraged. As dur- ing the Dutch rule, licenses from both civil and ecclesiastical author- ities were necessary for the establishment of private schools. In 1702 the legislature framed " An act for encouragement of a grammar free school in the city of New York,^ but no permanent foundation was 'Pratt's Annals {see Conv. proc. 1868, p. 160). ' Pratt's Annals {see Conv. proc. i86(), p. T44). 3 Pratt's Annals (j^^- Conv. proc i368, p. 177). 2l6 UNIVERSITY OF THE STATE OF NEW YORK made under this act. The act contemplated the establishment of a public school supported by taxation, " for the education and instruction of youth and male children of such parents as are of French and Dutch extraction, as well as of the English." The school-master was to be chosen by the common council of the city, and " lycensed and approved by the Right Hon. the bishop of London, or the governor or com- mander in chief" of the province. Lord Cornbury, then governor, urged the matter and the " English society for the propagation of the gospel in foreign parts " became interested in the plan. This society was formed in 1701, and adopted a vigorous missionary policy in the colonies, spurred on by antagonism to the efforts of the Jesuits. Under Governor Dongan the Jesuits had actually established a Latin school in New York in 1688. In educational affairs the aim of this society was to strengthen and extend the influence of the English church, and the schools of the colony fell virtually under the control of this propagandist corporation. They sent out missionaries and school-masters and organized schools throughout the province which they in part supported. In their attempts to convert the Iroquois, likewise, they showed great zeal. "The maintenance of a learned and orthodox clergy abroad," was declared to be, " the principal," although " not the only intent of this corporation" and their standing orders in regard to school-masters show that they believed firmly in the dominance of the established church in education. The ecclesiastical bias, thus intensified in the schools of the colony, is important as helping to explain the contro- versies of the latter half of the century. In 1732 another attempt was made to establish a school under public authority. " An act to encourage a public school in the city of New York for teaching Latin, Greek and mathematics '" passed in that year, provided for an institution thoroughly civil in its scope and government. The education sought was secular rather than religious. The public good, not the advantage of the church, was the object in view. The school was to be under the visitation of the " justices of the supreme court, the rector of Trinity church and the mayor, recorder and alder- man of the city of New York," who could remove the school-master for cause and appoint a successor. This board of visitation is probably the prototype of the ex officio membership of the board of governors of King's college and of the board of regents. Provision was made for partial public support of the school and for the instruction, free of tuition, of 20 young men recommended from the different counties by certain public officers in those counties. This last provision shows a remarkable grasp, for that time, of the meaning and functions of a state ' Pratt's Annals {see Conv. proc. 1869, p. 186). HISTORY AND ORGANIZATION 21/ school. It was the beginning of the policy, consummated in the estab- lishment of the University, of an educational institution which should be identified in its operation with the whole life of the state. King's college. The idea of a college seems to have lurked in both these schemes for a public grammar school, namely, the acts of 1702 and of 1732. But it was not till 1746 that public action was really taken in regard to the founding of a college. In that year the legislature passed " An act for raising the sum of ^^2,250 by a public lottery, for this colony, for the advancement of learning and towards the founding a college within the same." This was the beginning of King's, afterwards Columbia college. It is not necessary here to tell the story of the founding of King's college. It has been often told and there is nothing new to add. There was a fierce controversy over the charter. One party desired a royal charter; the other a charter from the colonial legislature. The royalist party prevailed and the charter was granted by King George 2 in 1754. In this controversy is seen that revolt against absolutism in church and state which was gathering strength both in America and in France at this time. The principles or tendencies of the conservative party were, a church foundation aided by the state ; an education in which the church standards should be the gauge of truth ; the maintenance of the authority of the English king ; a corporate organization in which the Church of England should control. It was a party of English sym- pathies, of aristocratic tendencies, of intuitional and scholastic knowl- edge, of ecclesiastical supremacy. The other party were learning a new philosophy. They favored knowledge, positive and practical. They wanted freedom and self-government in the church and in the state ; and separation of church from state. They wanted an education that fitted men for service in the state, that was identified with state life and controlled by the people in their civil capacity. It was the party that later had French sympathies, the popular party moved by the spirit of the American revolution. William Livingston, whose influence we shall notice later on, was the life of this popular opposition to the royal charter. The American or popular party won some advantages. Several public officials of the colony were made ex officio members of the board of governors. The ex officio governors of the college were the archbishop of Canterbury, the first lord commissioner for trade and plantations, the governor and lieutenant-governor of the province, the eldest councillor, the judges of the supreme court of judicature, the secretary and the attorney-general, the speaker of the general assembly, the treasurer, the mayor of New York, the rector of Trinity church and one minister of the reformed pro- testant Dutch church, of the Lutheran church, of the French church, and of the presbyterian church respectively ; and the president of the 28 21 8 UNIVERSITY OF THE STATE OF NEW YORK nam college. The charter was, in a measure, a compromise. Willi Livingston was put on the board of governors. Trinity church offered land for the site of the college on condition that the president should belong to the Church of England. Livingston and his party opposed this measure and opposed also the giving of public funds to an institu- tion dominated by the church. The opposition succeeded so far that in 1756 the lottery money was divided equally between the college and the city.' Work was immediately organized by the Rev. Dr Samuel Johnson, who came from Connecticut and who had refused the presi- dency of Franklin's new academy at Philadelphia, which afterwards de- veloped into the University of Pennsylvania. The college was aided financially by the king and "many of the nobility and gentry in the parent country," by the Society for the Propagation of the Gospel in Foreign Parts, and by " several public spirited gentlemen in America and elsewhere," to quote from an account of the college attributed to its second president, Dr Myles Cooper.^ This account continues: " By means of these and other benefactions, the governors of the college have been able to extend their plan of education almost as diffusely as any college in Europe. "^ There was also a grammar school annexed to the college. It is thus seen that the European universities had an in- fluence on the development of the curriculum, and the training given by this college fitted some of the ablest men in the colonies for their work in the revolution and the subsequent political development of the country. The scientific spirit was early awakened, and a medical I school was established as early as 1767. The college was broken up by ' the revolution and the occupation of New York by the British. New York at the close of the revolution. On the 25th day of November, 1783, the British evacuated the city of New York, and the state constitution, adopted in 1777 at Kingston, pushed its jurisdiction to the sea. The population of the state at this time was about a quarter of a million, of whom perhaps one tenth counted their residence in New York city, while Long Island numbered some 30,000 inhabitants. The rest of the inhabitants were scattered along the whole course of the val- ley of the Hudson, although from Albany to the Champlain region the settlements were sparse. Westward from Albany, Schenectady was the last important town. No substantial effort had yet been made to people the vast stretch of forest westward and northward from this narrow fringe of the Hudson river valley. But the expedition of Sullivan had broken the power of the Six nations, and the. state began a liberal policy of land grants which soon started a great wave of white settlement through the fertile Mohawk plain, which had become famous as the ' ISIsThistory of Columbia college by Frank R. Hathaway. '•' President 1763-75- 2 Quoted in Hist, record, p. 119. HISTORY AND ORGANIZATION 219 "long house " of the imperial Iroquois. But this meant future great- ness only. New York was but a middle state in importance, as m posi- tion at the close of the war. New York and Albany were the only large cities. The territory of the state was a wilderness possessed by Indians. . , . ■ ^ a There were no efficient educational institutions. A few private and parish schools, a few academies, King's college defunct, such was the condition of education in 1783. The state had an aristocracy, but an aristocracy without caste. Cosmopolitan in origin, this aristocracy could not be homogeneous in sentiment. It rested upon birth, upon wealth upon talent. Dutch and English, Huguenot and German, Welsh and Irish and Scotch were the national strains of blood in the first families. Alexander Hamilton, the Scotch Huguenot from the West Indies, parvenu though he was, had ennobled himself through his genius and conspicuous services. He married into one of the old Dutch famihes, the Schuylers, and became a leader in society as he was in politics. Intellectually, the chief distinction of New York was in her jurists. The bar of New York, containing as it did, Hamilton, John Jay, Chan- cellor Livingston, James Duane, Aaron Burr, Richard Morris, Egbert Benson, and many others little less famous in that day, would yield to no other state its claim to precedence. And these men were trained, by the experience of the revolution, to deal with all the questions of political organization and government. They established constitutions, framed laws, adapted the old order to new exigencies, were quick m expedients of policy. They were at once, lawyers and judges poli- ticians and statesmen. The lawyers of New York were the leaders in the state, and as a body, aristocratic in their preferences. Legislation of 1784. It was natural that under such circum- stances there should be an effort on the part of the leading men to revive the college, and thus provide means of higher education for the young men of the upper classes. But the general policy of the colony had been like that of England, to leave educational matters to private enterprise. It is surprising, therefore, to find that the very first move- ment was for the establishment of a state university and a state system of education. ,^ , /^ In January 1784, two months after the British left New York, Gov- ernor George Clinton sent his message to the legislature, m which is found the first public expression of the need of better educational in- stitutions. His words are these: " Neglect of the education of youth is among the evils consequent on war. Perhaps there is scarce any thing more worthy your attention than the revival and encouragement of seminaries of learning.'" 1 Senate journal, 1784, p. 6. 220 UNIVERSITY OF THE STATE OF NEW YORK This recommendation received prompt attention in both senate and assembly. The assembly appointed Robert Harpur, formerly a pro- fessor in King's college, and two other members, a committee, directed to prepare and bring in a bill "for the establishment of seminaries of learning, and schools for the education of youth.'" In the senate James Duane was made chairman of a " committee for seminaries of learning," Nearly a month later, on February 19, Mr Duane presented a bill entitled "An act for establishing a University within this state." It is much to be regretted that nothing can be found throwing light upon the origin of this idea of a University. Nor is it known what were the pro- visions of this bill. Both the governor, George Clinton, and James Duane, had been governors of King's college. After this bill was brought in, it seems to have occurred to the friends of the college that here was a good chance to revive that institution. A petition to the legislature was presented in the senate on March 30, which shows clearly that there was a strong attempt, not only to revive the college, but to make it paramount in the new system which the bill of Mr Duane had provided for. The petition recited the charter of the college, the death or departure of the majority of the governors, and " that many parts of the said charter are inconsistent with that lib- erality and that civil and religious freedom which our present happy constitution points out " and urges " that an alteration of that charter in such points as well as an extension of the privileges of the said col- lege so as to render it the mother of an University to be established within this state would tend to diffuse knowledge and extend literature throughout this state." Here is the germ of the whole subsequent policy. The new idea of civil and religious freedom as expressed in the constitution should be inwrought in the new educational system. The victories of the revolution should be secured. And here emerges that consciousness of greatness, that dream of future empire, which characterized the great minds of the revolution. What Washington and Jefferson thought in national outline, George Clinton, the uncom- promising champion of his state, thought in the narrower outline of his state. There must be a system of education that would meet the de- mands of the future growth of the state. But these men who had the interests of the state at heart were guardians also of the old college. Naturally, therefore, they sought to render their alma mater " the mother of an University," which was to "diffuse knowledge and extend literature throughout the state." It was a great plan for the extension of university teaching and it has made possible the vaster movement for the new university extension of to-day. The act lately passed by the ' Nothing further appears to have been done in the assembly. The senate car- ried the matter through. TTTSTORY AND ORGANIZATTON 221 New York legislature to appropriate funds to enable this same Univer- sity to establish a system of university extension throughout the state is the lineal offspring of the work of these patriotic friends of education in the last century. George Clinton, the first chancellor, and George William Curtis, the present^ chancellor, are thus champions together o the same great cause. This petition was dated March 24, 1784, and signed by the following "governors of the college commonly called king's college" -George Clinton, Richard Morris James Duan. Gerard Bancker. Egbert Benson, J. H. Livingston, Samuel Provoos> John Rodgers,John Morin Scott, Leonard ^Lispenard, John Livmg ston, William Walton and Samuel Bayard, jr.^ This petition was referred by the senate to the committee of the whole "to be taken into consideration with the bill for establishing a University within this state." This prompt strong action on the part of the fri nds of the college captured the movement which had been started to establish a University, as appears from an entry in the Senate P.alA,ril .6, X784, to the effect that Mr Williams from the com- niittee of the whole reported, "that they had gone through the bill, „.ade several amendments and altered the title in words fo lowing, viz: ''An act for granting certain privileges to the college heretofore called King's college, for altering the name and charter thereof, and erecting an University within this state." Three days later this amended bill with altered title was passed by the senate. April 21, the assembly concurred; May i the counci o revision approved it, and it became law. The chief justice who sent down the message of approval from the council of revision was Richard Morris, whose name appears second in the list of the Pe^^^-"- ^f J^. Thus George Clinton, the governor, Richard Morns, ^^^f just ce and Tames Duane, chairman of the senate committee on the bill, were all g^ernors of king's college and signed the petition. Robert Harpur chairman of the assembly committee, had been a professor in King s college. Besides this, the secretary of state was John Morin Scott, the state treasurer was Gerard Bancker, and the attorney-general was Eg- bert Benson, all signers of the petition. No bill could have been passed, probably, under such circumstances which did not strongly recognize the claims of King's college. If there was to be a state system of education the college would naturally wish to control in that system. The places of influence in the legislature and the chief state offices were held by friends of the old college Any movement to set up a state university which might destroy the influence of this corporation would^^b een useless. The above petition to "TRevised June iSgn^hancellor Curtis died 31 August 1892. 2 Conv. proc. (1S75), p. IQQ- 222 UNIVERSITY OF THE STATE OF NEW YORK the legislature was virtually a petition by the governors of the college to themselves. These men, filled with the spirit of English conserva- tism, would have no faith in radical innovation such as that proposed in France at this time. But, as keen lawyers and politicians, they saw that the benefit of the new ideas of state education could be secured by an adaptation of the old corporate organization, in which the power of their college could still be dominant. The scope of the new Univer- sity should be coextensive with the boundaries of the state; its structure expansive to meet the future expansion of the state. It should be secured from all danger of clerical control; it should be the child of the state, and under the control of the state, while yet depending mainly on pri- vate funds for its support. While the college should not comprise all the new University, yet the old property of that institution should be pre- served to it, and its influence, for all that they could see, would continue dominant in the new regime. It was a splendid instance of that con- structive revolution in which New York has proved herself a worthy daughter of England. Revolution by destruction was never suited to English character, and the prevailing character of the influential men in New York was English. But the law of May i, 1784 was a compromise. The opposition, which began as far back as 1702, against the domination of the church in education, which showed more strongly in the academy scheme of 1732, with its free students from the counties, and which had grown into an aggressive and threatening spirit of secularization in the controversy over King's college charter, had been vastly strength- ened and extended by the revolution. The idea of state education, with civil, not ecclesiastical, ends in view, had become widespread. It is hard to draw the party lines in the struggle which evidently took place over this legislation. The information to be had is very meager. There were several elements of antagonism but in all the spirit was the same. It was the warfare between the principle of authority and the principle of freedom. The new state idea opposed the old church idea. The country districts opposed a monopoly by the city of educa- tional advantages. The power of British sympathy was strong, and met by the growing sympathy with France. Against the innovation of a state system which might diminish the importance of the old college,, that corporation, strongly intrenched in the places of power, raised a determined front. But the contention was not crystaHzed. A man like Governor Clinton or Mayor Duane would be in sympathy both with the state movement and the college movement. Alexander Hamil- ton would protest vigorously against religious tests and church domi- nation, yet he would rather have centralization in the hands of the old corporation than a new state university governed by the counties ; and his sympathies were English and aristocratic rather than French and HISTORY AND ORGANIZATION 223 democratic. In the main, of course, the tendency would be to a fusion of the church party, the college party and the aristocratic or English party on the one hand; and of the state party, the equal rights or popular party and the French party on the other. And the conservative elements were largely successful in the legislation of 1784. As the University was constituted by the act of May i, 1784, and the amendment of November 26, 1784, a body of men who were virtually trustees of Columbia college were made autocrats in the whole educa- tional system of the state, while the funds that had belonged to the old college were restricted to the needs of the new college, and not of the University as a whole. The very title of the act shows the predomi- nance of Columbia. The petsonnel of the board points the same way. The desire of Columbia college to become the " mother of a univer- sity " was thus gratified by a legislative license. Act of May l, 1784.' i "All the rights, privileges and immuni- ties " of the old corporation of King's college were vested in " The regents of the University of the State of New York." 2 The regents are divided into five classes : a Perpetual regents or regents ex officio, namely, the governor, lieu- tenant-governor, president of the senate, speaker of the assembly, mayor of New York, mayor of Albany, attorney-general, and secretary of state. b County regents. There were 12 counties in the state, and two regents from each county were appointed- c Clerical regents. '' The clergy of the respective religious denomi- nations in this state " were to choose " one of their body to be a regent in the said University; and in case of death or resignation, to choose and appoint another in the same manner." This language leaving it doubtful whether each denomination was to have a representative upon the board of regents, or all the denominations collectively were to have but one, the amendatory act of November 26, 1784, provided that " the clergy of each respective religious denomination" should "elect one of each of their respective bodies.'^ d Founder's regents. Provision was made for the admission into the University, upon the application of the founder, of any college or school " founded by " any person or persons, or any body politic or corporate," and by them endowed "with an estate real or personal, of the yearly value of 1000 bushels of wheat." Upon admission, the en- dowment was to be vested in the regents and " applied according to the intention of the donor," and the founders and their heirs or successors were to be entitled forever to send a representative, "who, together with the president, (if the estate is applied to the use of the college)," should be regents. ' Laws, 7th session, ch. 51; Pratt's Annals {see Conv. proc. 1S75, p. 203). 224 UNIVERSITY OF THE STATE OF NEW YORK e College representative regents. The fellows, professors and tutors of the respective colleges were made " regents of the said University, ex officio, and capable of voting in every case relative only to the respective college to which they shall belong, excepting in such cases wherein they shall respectively be personally concerned or in- terested." 3 The succession of regents was to be kept up by appointment " by the governor, by and with the advice and consent of the council of ap- pointment," in such manner as to keep up the representation of coun- ties. This applied only to the county regents. The manner of suc- cession in the other classes has been already given. 4 The regents were to elect their own officers, namely: chancellor, vice-chancellor, treasurer and secretary. 5 "The regents of the said University, or a majority of them," were empowered " to make ordinances and by-laws for the government of the several colleges which may or shall compose the said University." This power included the appointment and removal of presidents, professors, tutors, fellows, pupils and servants of the colleges, the fixing of salaries of officers and servants, and the management of the estates of the col- leges. There were some limitations upon the exercise of these powers: a " No professor shall be in any wise whatsoever accounted ineligible, for or by reason of any religious tenet or tenets, that he may or shall profess, or be compelled by any by-law or otherwise to take any re- ligious test-oath whatsoever." b The property vested in the regents which had belonged to King's college, was to be "applied solely to the use of the said college," now first called Columbia college. All property vested in the regents subject to a particular use was to be applied strictly according to such use. 6 The regents were empowered to hold " estates real and personal to the annual amount of 40,000 bushels of wheat " to use for the general objects of the University, namely, " the further promotion of learning and the extension of literature." 7 The regents were "empowered to found schools and colleges in any part of this state," and to endow them, "every such school or col- lege being at all times to be deemed a part of the University and as such subject to the control and direction of the said regents," and to their visitation. 8 The degree of "Bachelor of arts" was to be granted by the presidents of the respective colleges, but to the regents was given the power "to grant to any of the students of the said University, or to any person or persons thought worthy thereof, all such degrees as well in divinity, philosophy, civil and municipal laws, as in every other art, science and faculty whatsoever, as are or may be conferred by all or any of the universities in Europe." HISTORY AND ORGANIZATION 225 9 *'Any religious body or society of men" was allowed to endow a professorship in divinity in the University. 10 ''Nothing in this act contained, shall be construed to deprive any person or persons of the right to erect such schools or colleges as to him or them may seem proper, independent of the said University." Amendatory act of November 26, 1784.' The act of May i was evidently not satisfactory to the Columbia men. The board of regents were powerful, but that power was dangerous unless it could be controlled by Columbia influence. As the board was constituted, the college had secured a meager representation. Of the eight "per- petual regents," four, namely, Governor Clinton, Mayor Duane, Attor- ney-general Benson and Secretary Scott were former governors of the college and signers of the petition. The provision for college repre- sentation in the board of regents by the. presidents, fellows, professors and tutors would secure control to Columbia only so long as Columbia men outnumbered the others, and these college representatives could vote only in matters pertaining to the college. Of the 24 county regents, two only, Henry B. Livingston and Robert Harpur, representatives of New York city and county were to be relied on as Columbia men. It took a majority of the regents to make a quorum. Upon such a basis Columbia had small chance to rule even in the conduct of her own affairs. The very appointment of her own professors would be in the hands largely of the county members of the board, and the records of the regents show that few professors were elected till, by the amendment in the act of November 26, 1784, Co- lumbia had packed the board with her own men. The clergy too were dissatisfied with the ambiguity of the law as to their representa- tion. A movement for a change in the law was soon begun. The regents immediately organized. Almost their only task was the care of Columbia college. They arranged for courses of instruction, took charge of the finances of the college, made some attempts to pro- cure professors and admitted a few students, first among whom was De Witt Clinton, nephew of Governor Clinton, and afterward himself gov- ernor of the state. The regents captured young Clinton as he was on his way to enter Princeton. liut the business dragged. It was hard to get a quorum, so many of the members lived in the country counties. Governor Clinton, in his message to the legislature which convened in October, recommended an amendment. The matter was immediately taken up by the assem- bly and a bill reported by a committee of three, who were regents. They were all from outside counties however, and from the fact that the bill never went beyond the committee of the whole, it seems probable ' Laws of 1784 ; Pratt's Annals {see Conv. proc. 1875, p. 221), 29 226 UNIVERSITY OF THE STATE OF NEW YORK that it was not satisfactory to the Columbia men. This conjecture is further supported by the fact that Mr Uuane in the senate, as he had done in case of the original act, brought in a bill to amend this act, which bill was supported by a " representation for the present condition of Columbia college.'" In the debate upon this bill it was proposed that 2552 pounds should be advanced by the state to the regents for the use of Columbia college. This was opposed by Mr Yates, a country member, who proposed 1000 pounds instead, and upon the failure of Mr Yates' proposition, another country member moved that an advance of funds be made by the state to " trustees of different congregations on the frontiers of the state, to enable them tp rebuild their churches and for the establishment of schools among them." It was clear that Columbia grasped too much to suit the country members. The assembly concurred in the bill with some amendments. The bill finally passed November 26, 1784. This amendatory act has its chief significance in the personnel of the new regents appointed by it. Thirty three additional regents were ap- pointed. Of these, 20 were from New York city. The remaining 13 were scattered throughout the other counties. The draft of this bill, which was moved by Mr Duane, had proposed only the 20 New York members. Doubtless the 13 country members were put in to quiet the opposition of the popular party. These 20 men from New York were John Jay, Samuel Prevost, John H. Livingston, John Rodgers, John Mason, John Ganoe, John Daniel Gros, Johann Ch. Kunze, Joseph De la Plain, Gershom Seixas, Alexander Hamilton, John Lawrence, John Rutherford, Morgan Lewis, Leonard Lispenard, John Cochran, Charles McKnight, Thomas Jones, Malachi Treat and Nicholas Romain. They were all good Columbia men. Four of them had signed the petition spoken of above, as governors of King's college. John Jay was a graduate of Columbia, and Alexander Hamilton had been a student there. Six or more of them were shortly afterwards elected professors in the college, and when the act of 1787 gave Columbia a separate board of trustees, all of these 20 men were made such trustees, ex- cept John Jay and John Rodgers, who remained regents. This amend- ment, therefore, destroyed the former equality of county representation, in the board of regents. There were henceforth 57 county regents instead of 24. Of these 57, New York had 22, Albany had five, and each of the 10 other counties had three. The amendment further provided that the chancellor, vice-chancellor, or senior regent in appointment, could call a meeting with only eight other members. Nine members were thus made a quorum instead of the majority formerly required. The popular party, however, suc- ' Sen, jour, Nov. 19, 1874 ; Pratt's Annals {see Conv. proc. X875, p. 218). HISTORY AND ORGANIZATION 22/ ceeded in getting in a proviso that a meeting to be legal must be announced in a newspaper for at least two weeks previously. The amendment in regard to the representation of the clergy has been already noticed. It was provided that the regents should meet annually at the same time and place with the legislature, and " that at every such meeting the acts and proceedings of the regents of the said University shall be re- ported and examined." This language is somewhat ambiguous, but it does not seem to have been intended that the regents should report to the legislature. The first report to the legislature, of which any evi- dence appears, is after the new law of 1787. The legislation a compromise of parties, i The college or corporation party accomplished the following results in this legislation of 1784: a " An act for establishing an University within this state " became " An act for granting certain privileges to the college heretofore called King's college for altering the name and charter thereof, and erecting an University within this state." The arrangement of the provisions of the act as well as the provisions themselves show that, as indicated by the change of title, the college party made this act, as amended, a measure primarily for the benefit of the college and secondarily only for the benefit of the state as a whole. The college was to be the source of learning for the whole state. It is even made to appear, by the following extract from the preamble to the bill, that the movement for a University was started by the college. These are the words : " And whereas the remaining governors of the said college, desirous to render the same extensively useful, have prayed, that the said college may be erected into a University, and that such other alterations may be made in the charter, or letter of incor- poration above recited, as may render them morfe conformable to the liberal principles of the constitution of this state ; be it therefore enacted, etc." The fact, however, was that the movement for a Univer- sity began before any action by the college. b The form of a corporation similar to that of King's college was re- tained, with added powers. In the charter of King's college the chief state officers were governors, ex officio, of the corporation, as by this law they were made "perpetual regents." This single board of regents were virtually trustees of all the colleges in the state ; charged with the whole administration and discipline of these colleges. This would give Columbia autocratic control of the whole state system, if they could secure control of the board of regents. c By the amendatory act of November, Columbia succeeded in ob- taining this control of the board. Columbia had at least 22 men on the 228 UNIVERSITY OF THE STATE OF NEW YORK board, all residents of New York city, and therefore easily convened, while only nine members were necessary for a quorum. Further, the provision that new county regents were to be appointed by the governor and council of appointment was an aristocratic measure that might easily be of aid to Columbia, especially since the seat of the state government was at New York, and the college could always hope to exercise a strong social influence there. d The property which had belonged to King's college was still kept for the use of that institution, and the sum of 2552 pounds was ad- vanced by the state to the regents for the use of the college. 2 The church influence was greatly weakened. a The churches lost the ex officio regents which, in the original draft,' it was proposed to give them, following the analogy of the ex officio cleri- cal representation in the board of governors of King's college. They gained a full equivalent for this loss however, in the provision for an elective clerical representation. This was a liberal advance inasmuch as any sect could now be represented. b In the provision against test-oaths for professors a great blow was struck at clerical domination. c The full freedom to all denominations to establish professorships in divinity marks the triumph of liberal principles. 3 The party which might be called the state University party or the popular party secured some considerable gains. a They added the mayor of Albany to the ex officio regents and se- cured increased county representation on the board. b The succession of the county members was put indirectly in the hands of the people, and was made a state matter. c They abolished religious tests. d They had given form, however imperfectly, to the new idea of state control in education. They had created an organization, which in some measure was vitalized by the life of the state, and which brought the power of the people in their political capacity to bear upon the in- struction of the young. Conservatism and the power of corporate interests were still too great to allow thoroughgoing change ; but the change was radical so far as it went. Further change was inevitable and not long delayed. LEGISLATION OF 1787 Predominance of Columbia college. Columbia had captured the board of regents and for three years controlled their action. In the amendment of November, 1784, it was provided that the next meet- ing of the regents should follow directly upon the rising of the legis- 'N. Y. leg. papers, (ms) no. 274; Pratt's Annals (j-ivConv. proc. 1875, P' 204). HISTORY AND ORGANIZATION 229 lature, without the necessity of a published notice. It resulted from this, that four days after the passing of the bill there was a meeting at which only Columbia men were present. Before the amendment of November, it was very hard to get a quorum for any purpose. There was only one regular meeting of the board from May to November, 1784. At this meeting, officers were elected and committees appointed and these carried on the work of the regents.' The organization of work in the college was naturally the most urgent business of the board and the friends of Columbia felt especially.hampered. It was not sur- prising that they sought a reorganization of the board. It is chiefly the fact of their packing the board with Columbia men which shows the partisan animus of the change. In reading the minutes of the meetings of the regents and their committees, both before and after the amendatory law of November, 1784, one can not escape the conviction that the activity of the board was narrow and directed almost exclu- sively to the interests of the college. The only action taken before November looking toward a broader conception of their duty was the sending of one of the regents, Col. Clarkson of King's county, to France and the Netherlands, " in order to solicit and receive benefactions for the use of the said University." ' And Col. Clarkson was also engaged with the mission of purchasing "such a philosophical apparatus for Columbia college as Dr Franklin, Mr Adams and Mr Jefferson, minis- ters of the United States, will advise, and his collections will admit." This last clause gives away the whole scheme. The money was to be raised " for the use of said University," but that use was to get a work- ing plant for Columbia. They also attempted to get up a correspond- ence with certain gentlemen in Ireland with a view to raise subscriptions there, " for the use of the University of this state." It is not recorded that any Irish money found its way to New York. Perhaps even at that time the current of subscriptions flowed the other way. After the amendment of November, few of the non-Columbia men attended, and they but rarely. Until the next annual meeting, no notice of meetings was necessary, and the outside members were evidently discouraged. Nearly half the board were Columbia men. They lived at New York and it was almost impossible for enough state men to at- tend, to show much strength against the college influence. The great state system of education which had been projected, threatened to be- come only a revival of the metropolitan college. The work, narrow as it was, was vigorously pushed. The finances of the college were in- vestigated, professors were elected, largely from among the new members ' Minutes of the regents from 1784 to 1787. These are kept among the records of Columbia college. They were printed in Pratt's Annals (.f Industry is vastly more important than war to-day. If this country is to achieve the progress it is capa- ble of, the first thing necessary is a right economic policy wisely chosen and firmly pursued. In the omnipresence of the elective system of government, this can never be accomplished without the general educa- 284 UNIVERSITY OF THE STATE OF NEW YORK tion of the people in the principles of economic science and of civil government. The University of the State of New York has a magnificent oppor- tunity to further this end. The graduate school and the civil academy above spoken of would be great aids in this work. They would reach directly, however, only limited classes. To make their work effective along these lines they must adopt the policy of propagating everywhere the idea of this general political education. They must specifically do this in two ways. First, they should encourage the establishment, in all the colleges and academies of the state, of schools or departments de- voted to economic and political science. They might even make this one of the conditions for the admission of new institutions into the University. Secondly, they should in their university extension work make economic and political education the most prominent and import- ant work. This is specially demanded of a state university. Its duty is toward the state. The industries of the people are the life of the state. In the plan of university extension adopted by the university, lies a most efficient means of promoting in every part of the state better knowledge of economic and political science, and of stimulating the am- bition of the people to know more of these subjects. It would, likewise, become a great agency in finding and leading out into a public career the special talent that might lie hidden in remote corners of the state for lack of opportunity to develop. For work along the three lines thus pointed out, the adaptation of the University of the State of New York is marvelous. Its libraries; its museum; its facilities for publication; its coordination of graded in- stitutions, ramifying into every part of the state; the eminence and dignity of its regents; its central bureau, so efficiently organized; its powers, entirely adequate for the maintenance of its lectureships, for examination, and conferring of degrees; its university extension methods, so successfully inaugurated; its Convocation, bringing to a focus at the center of government the educated public opinion of the state; its close organic relation to the legislature — these are all characteristics fitting the University to undertake this task. The graduate work could begin immediately in several departments; for example: 1 A graduate school in history and political science, including juris- prudence in its various branches, international law, Roman law, com- parative jurisprudence. 2 A graduate school in economics. Besides the theory of economics, public finance, agriculture, forestry, meteorology, banking, insurance, railroads and canals, and other like subjects, could be investigated in their economic aspects. HISTORY AND ORGANIZATION 285 3 An advanced school in pedagogics and library training. The State Normal college could be affiliated, and together with the state library, made the basis of this school. 4 A school for advanced scientific work in connection with the state museum, and by proper affiliation with the best scientific and technical schools in the state. The object of these schools should be research. From them should come learned experts who could become professors and writers in their specialties. The civil academy, having for its object the trainmg of men and women for intelligent civil service, would have the same facilities at its command. The University beside founding professorships, could obtain for special lectures in both these schools, eminent professors in the colleges of the state and the specialists in the state departments. Only graduates of the colleges, of the civil academy and others who should pass satisfactory exam- inations' set by the regents should be admitted to the graduate school. The University should there undertake only the most advanced work. Graduates of the colleges, instead of going to Europe to carry on their researches would prefer to come to Albany where they would be more likely to have the opportunity of entering the employ of American uni- versities and of their state or the national government. The whole country would look to the University of the State of New York for its trained specialists, whether as teachers or as civil officers. The high degrees conferred by the University could be made the most honorable of any in these United States. In the one institution of the University would be realized the most hopeful ideals in American education to-day — the Johns Hopkins uni- versity idea, of the highest learning; the West Point idea, of special training for the public service; the Wharton school idea in its broadest aspect of emphasizing economics and political science as studies of the first importance in a general education; and the university extension idea of making available to all classes of the people all the facilities of the 'higher education. The University itself would become a true academy of science and letters with international influence and a world- wide fame. And, perhaps, at some time not far distant, the government of the United States, again learning from New York, would carry this innovation to the capital of the nation and thus fulfil the dream of Washington. Indeed another bill tor a national university has lately been introduced into congress and the passage of some such act may be nearer than we think. 286 UNIVERSITY OF THE STATE OF NEW YORK BIBLIOGRAPHY 1 New York (state) senate and assembly. Journals, specially for the years 1784-87. These have been carefully gone over b}' Daniel J. Pratt, a former assistant secre- tary of the regents, and extracts made of nearly all entries relating to the found- ing of the University. These extracts are printed in Pratt's Annals. Mr Pratt has omitted very few things of importance. 2 New York (state) legislature. Acts May i, 1784; Nov. 26, 1784; April 13, 1787; and Laws of 1889, ch. 529. To be found in various forms, notably the first three in the Historical and statistical record, and the last in the 103d Regents' report. 3 New York legislative papers. No. 382, 383, 385 and 388. These have been described in the body of this work. 4 Pratt, Daniel J. Annals of public education in the state of New York, fr. 1626-1746. Alb. 1872. Published in a separate volume, but also in the University Convocation proceed- ings for the years 1868, 1869, 1872, 1873, 1875, 1882. This is a most valuable " col- lection of the official acts and historical records relating to public education," in New York. The first part covers the Dutch period from 1626-64, and is preceded by an excellent account of the sources. The second part covers the period from 1664-1746 or the English colonial period down to the movement for founding King's college. The third part is " Legislative grants and franchises enacted for the benefit of academies" and extends from 1786 to 1873. The fourth part relates to the founding of King's college, extending from 1784-87. The sixth part begins at 1787 and gives the proceedings of the regents and legislative action in behalf of literature. It stops with 1790. 5 New York (state) — University. Minutes of the regents from 1784-87. Printed in part 5 of Pratt's Annals. The original records are kept by Columbia college. A copy is held by the regents. 6 New York (state) — University. Annual report, 1827-date. There are 105 annual reports. These have not been greatly serviceable for the period covered by this monograph, except for the act of 1889. 7 New York (state) - Public instruction, Sup't of. Annual report, 1855-92. The report of 1890 was the 36th. The reports for 1884 and 1886 have been used in the sketch of the system of primary schools. 8 Hough, Franklin B. Historical and statistical record of the University of New York during the century from 1784 to 1884, with an introductory sketch by David Murray, Ph. D. , secretary of the board of regents. Albany 1885. Chadbourne, Paul Ansel, and Moore, W. B. State of New York; the public service of the state of N. Y. Bost. 1882. A magnificent work in three huge quarto volumes; v. 3 has an extended account of the educational systems of New York. HISTORY AND ORGANIZATION 287 10 U. S. — Education, Bureau of. Monographs. Notably those by Dr Adams on " William and Mary college" and on "Thomas JefTerson and the University of Virginia "—that of Dr Blackmar on "Federal and state aid to higher education," and those on " Georgia " and " North Carolina" by Dr Smith. 11 Turgot, Anne Robert Jacques. Oeuvres, v. 2. Paris, 1884. 12 Buisson, Ferdinand Edouard. Dictionaire de pedagogic. 13 Schmid. Encyclopiidie des Erziehungswesens. 14 Quesnay de Beaurepaire, Chevalier. Memoire, status et pros- pectus, concernant I'Academie des sciences et beaux-arts des Etats- Unis de L'Amerique, etablie a Richemond. Paris, 1788. 15 Sundry documents on the subject of a system of public educa- tion for the state of Virginia. Richmond, 1817. 16 Sicard, Abb6. History of education from 1762-1808 in France {see Le correspondant, new ser., no. 79, 82, 84, 86, 87 and 88). 17 Draper, Andrew S. Origin and development of the New York common school system, Albany, 1890. 1& Zwvtxs^ Chancellor George William.' The University of the State of New York ; an address delivered at the University Convocation. Albany, 1890. (Regents' bulletin, no. 2, 1890.) 19 Howard, Prof. George E. Evolution of the University ; an- nual address before the Alumni association of the University of Nebraska. Lincoln, Neb. 1890. These are the chief sources used in the preparation of this mono- graph. There are a number of other works which were used to some extent, but which are not specially to be noted. Some have already been noted in the body of the work. Poore's charters have been con- sulted for the state constitutions and Compayre Hippeau, Thery and other historians of education in France, have been used, as well as Mullinger's article on the " University " in the Encyclopedia Britannica. APPENDIX UNIVERSITY LAW Latvs of New York, 1892, ch. 378 AN ACT to revise and consolidate the laws relating to the University of the State of New York. Approved by the Governor April 27, Passed, three fifths being present. The people of the state of New York, represented in senate and assembly^ do enact as follows : 1 Short title. 2 Definitions. 3 Corporate name and objects. 4 Regents. 5 Officers. 6 Meetings and absences. 7 Quorum and executive committee. 8 Authoritj^ of regents to take testi- mony. 9 Ordinances and rules. 10 Departments and theirgovernment. 11 General examinations, credentials and degrees. 12 Academic examinations. 13 Admission and fees. 14 Extension of educational facilities. 15 State library; how constituted. 16 Manuscripts and records " on file." 17 Use. 18 Book appropriations. 19 Duplicate department. 20 Transfers from state officers. 21 Other libraries owned by the state. 22 State museum; how constituted. 23 Collections made by the stafiT. 24 Institutions in the University. 25 Visitation and reports. 26 Apportionment of state money. 27 Charters. 28 Provisional charters. 29 Change of name or charter. 30 Dissolution and rechartering. 31 Suspension of operations. 32 Conditions of incorporation. 33 Prohibitions. 34 Powers of trustees of institutions in the University. 1 Number and quorum. 2 Executive committee. 3 Meetings and seniority. 4 Vacancies and elections. 5 Property holding. 6 Control of property^ 7 Officers and employees. 8 Removals and suspensions. 9 Degrees and credentials. 10 Rules. ^ 35 Public and free libraries and museums. 36 Establishment. 37 Subsidies. 38 Taxes. 39 Trustees. 40 Incorporation. 41 Reports. 42 Use. 43 Injuries of property. 44 Detention. 45 Transfer of libraries. 46 Local neglect. 47 Loans of books from the state. 48 Advice and instruction from state library officers. 49 Use of fees and fines. 50 Apportionment of public library money. 51 Abolition. 52 Laws repealed. 53 Saving clause. 54 Construction. 55 To take eflTect. Schedule of laws repealed. § I Short title. This chapter shall be known as the University law. Meaning ^ ^ Definitions. As used in this chapter, Uwof I Academies are incorporated schools for instruction in higher Academies branches of educatvpn, but not authorized to confer degrees, and such " Univer- sity law." \l UNIVERSITY LAW 289 high schools, academic departments in union schools and similar un- incorporated schools as are admitted by the regents to the University as of academic grade. 2 The term college includes universities and other institutions for college, higher education authorized to confer degrees. 3 University means University of the State of New York. University. 4 Regents means board of regents of the University of the State of Regents, New York. 5 State superintendent means state superintendent of public instruc- state sup'u tion. 6 Higher education means education in advance of common ele- Higher mentary branches, and includes the work of academies, colleges, uni- ^ "<^»"on- rersities, professional and technical schools and educational work con- nected with libraries, museums, university extension courses and similar agencies. 7 The term trustees includes directors, managers, or other similar Trustees, members of the governing board of an educational institution. § 3 Corporate name and objects. The corporation created in To pro- 1784 under the name of Regents of the University of the State of New {Jl^jf^r York shall continue and be known as University of the State of New ed^uraUon; York. Its objects shall be to encourage and promote higher education, Ltftutions;" to visit and inspect its several institutions and departments, to distribute pr™e"rfy" to or expend or administer for them such property and funds as the state and funds, may appropriate therefor or as the University may own or hold in trust or otherwise, and to perform such other duties as may be intrusted to it. § 4 Regents. The University shall be governed and all its corpo- Governed rate powers exercised by 19 elective regents, and by the governor, ^^^tl.'^" lieutenant-governor, secretary of state, and superintendent of public instruction, who shall be ex officio regents. In case of the death, resig- Mode of nation, refusal to act or removal from the state, of any elective regent, electing. his successor shall be chosen by the legislature in the manner provided by law for the election of senators in congress, except that the election may take place at such time during the session of the legislature as it may determine. No person shall be at the same time an elective regent Non-eiigi- ^. of the University and a trustee, president, principal, or any other officer bi''ty- of any institution belonging to the University. § 5 Officers. The elective officers of the University shall bea chan- ^lec^tive cellor and a vice-chancellor who shall serve without salary, a secretary, chosen by and such other officers as are deemed necessary by the regents, all of whom \f^^^l^ shall be chosen by ballot by the regents and shall hold office during office, their pleasure; but no election, removal or change of salary of an elect- ive officer shall be made by less than 10 votes in favor thereof. Each Regents ^regent and each elective officer shall, before entering on his duties, n"us°take" take and file with the secretary of state the oath of office required of oath^of state officers. The chancellor shall preside at all Convocations and at all meetings Duties of of the regents, confer all degrees which they shall authorize, and fix the ^f ''v'ice-'"'^*' time and place of all special meetings. In his absence or inability to chancellor \ . ,, T 1 1 . 1 . .1 ■ i. i. and senior act, the vice-chancellor, or if he be also absent, the senior regent present regent; shall perform all the duties and have all the powers of the chancellor. The secretary shall be responsible for the safe-keeping and proper use of secre- of the University seal and of the books, records, and other property in ^^• 37 290 UNIVERSnV OF THE STATE OF NEW VCRK Secretary's bond of May ap. point deputy. Annual meetings fixed by ordinance. Special meetings. Tiiree absences make vacancy. Ten a quorum. Executive committee of 7 or more. Powers. May hear proofs. May make or alter rules. Restric- tion. State li- brary, mu- seum, and other Oni versify dep'ts un- der exclu- sive con- trol of regents. Regents may main- tain lect- ures; buy, sell, re- ceive, lend or deposit articles. May con- fer honor- ary de- grees, and charge of the regents, and for the proper administration and discipline of Its various offices and departments, and shall give an undertaking to be approved by and filed with the state controller, in the sum of $10,000 for the faithful discharge of his duties. He may appoint, sub- ject to the confirmation of the chancellor, a deputy to exercise tempo- rarily any specified powers of the secretary in his absence. § 6 Meetings and absences. In addition to the annual meetings for which the time and place shall be fixed by ordinance of the regents, the chancellor shall call a meeting as often as the business of the Uni- versity shall require, or on written request of any five regents; and at Ijeast 10 days' notice of every meeting shall be mailed to the usual address of each regent. If any regent shall fail to attend three consec- utive meetings, without written excuse accepted as satisfactory by the regents not later than the third consecutive meeting from which he has been absent, he shall be deemed to have resigned, and the regents shall promptly report the vacancy to the legislature, which shall fill it as provided in § 4. § 7 Quorum and executive committee. Ten regents attending shall be a quorum for the transaction of business, but the regents may elect an executive committee of not less than seven, which, in the inter- vals between their meetings, may transact such business of the regents as they may authorize, except to grant, alter, suspend or revoke char- ters, or to grant honorary degrees. § 8 Authority of regents to take testimony. The regents, or any committee thereof, may take testimony or hear proofs in any man- ner relating to their official duties, or in any matter which they may lawfully investigate. § 9 By-laws, ordinances and rules. The regents may as they deem advisable in conformity to law, make, alter, suspend or repeal any by-laws, ordinances, rules and resolutions for the accomplishment of the trusts reposed in them. No by-law, ordinance or rule by which more than a majority vote shall be required for any specified action by the regents shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. § 10 Departments and their governments. The state library and state museum shall be departments of the University, and the re- gents may establish such other departments as they deem necessary to discharge the duties imposed on them by law. All University depart- ments shall be under exclusive control of the regents who shall have all powers of trustees thereof, including authority to appoint all needed officers and employees; to fix their titles, duties, salaries and terms of service; to make all needed regulations; and to buy, sell, exchange or receive by will, gift or on deposit, articles or collections properly per- taining thereto; o maintain lectures connected with higher education in this state, and to lend to or deposit permanently with other institu- tions books, specimens or other articles in their custody which, because of being duplicates or for other reasons, will in the judgment of the regent? be more useful in said institutions than if retained in the original collections at Albany. § 1 1 General examinations, credentials and degrees. The regents may confer by diploma under their seal such honorary degrees as they may deem proper, and may establish examinations as to attain- UNlVKRSriN' LAW 29I ments in learning, and may award and confer suitable certificates, anti'.i'e-*'*^ diplomas and degrees on persons who satisfactorily meet the require- grtc-s on ments prescribed. tion.' § 12 Academic examinations. The regents shall establish in the Standards academies of the University, examinations in studies furnishing a suita- jemlc'^" ble standard of graduation from academies and of admission to colleges, s.^du-^ and certificates or diplomas shall be conferred by the regents on students coiicKe ad- who satisfactorily ]iass such examinations. mission. § [3 Admission and fees. Any person shall be admitted to these ^{'*^"^° examinations who shall conform to the rules and pay the fees prescribed p-g^j, ^^^ by the regents, and said fees shall not exceed one dollar for each aca- ovei Si.for demic branch, or five dollars for each higher branch in which the can- ^^^['^^"'for didate is examined; and all fees received may be used by the regents Wgher ^ for expenses of examinations. § 14 Extension of educational facilities. The regents may co- ^ay^o^ operate with other agencies in bringing within the reach of the P^OP^^ u^^^g'sit" at large increased educational opportunities and facilities, by stimu- extension, lating interest, recommending methods, designating suitable teachers and lecturers, lending necessary books and apparatus, conducting ex- to pay " aminations and granting credentials and otherwise aiding such work. p'|."^'gg"Jr No money appropriated by the state for this work shall be expended in teachers' paying for services or expenses of teachers or lecturers. §15 State library, how constituted. All books, pamphlets, ,^/]|.^'^*^« manuscripts, records, archives and maps, and all other property ap- property propriate to a general library, if owned by the state and not placed in sta"e°" other custody by law, shall be in charge of the regents and constitute ll^^fT^;;/*- the state library. ^16 Manuscripts and records "on file." Manuscript or Ms and records printed papers of the legislature, usually termed "on file," and which morethan shall have been on file more than five years in custody of the senate and ^^^oTfiXe" assembly clerks, and all public records of the state not placed in other are part of custody by a specific law shall be part of the state library and shall be br'afy.' kept in rooms assigned and suitably arranged for that purpose by the trustees of the capitol. The regents shall cause such papers and rec-Tobemade ords to be so classified and arranged that they can be easily found. No avai'iabie. paper or record shall be removed from such files except on a resolution of the senate and assembly withdrawing them for a temporary purpose, moxxd*^^ and in case of such removal a description of the paper or record and only by the name of the person removing the same shall be entered in a book assembly provided for that purpose, with the date of its delivery and return. resolution. § 17 Use. The state library shall be kept ofjcn not less than eight L^bwry to hours every week day in the year, and members of the legislature, at least judges of the court of appeals, justices of the supreme court, and heads jj^i"".*^^ of state departments may borrow from the library books for use in state offi- Albany, but shall be subject to such restrictions and penalties as may bon-owf be prescribed by the regents for the safety or greater usefulness of the library. Others shall be entitled to use or borrow books from the Other library only on such conditions as the regents shall jirescribe. orru\\ers. § 18 Book appropriation. The treasurer shall pay annually ^of^'^-^^^^'- the regents, on warrant of the controller, ^15,000 for books, serials books, and binding for the state library. § 19 Duplicate department. The regents shall have charge of charge of J92 UNIVERSITY OF THE STATE OF NEW YORK the preparation, publication and distribution, whether by sale, exchange or gift, of the colonial history, natural history, and all other state publi- cations not otherwise assigned by law. To guard against waste or de- struction of state publications, and to provide for completion of sets to be permanently preserved in American and foreign libraries, the regents shall maintain a duplicate department to which each state department, bureau, board or commission shall send not less than five copies of each of its publications when issued, and after completing its distribution, any remaining copies which it no longer requires. The above, with any Receipts to other publications not needed in the state library, shall be the duplicate be^^sedfor (jgpartment, and rules for sale, exchange or distribution from it shall ' "'^^' be fixed by the regents, wlio shall use all receipts from such exchanges or sales for expenses and for increasing the state library. § 20 Transfers from state officers. The librarian of any li- brary owned by the state, or the officer in charge of any state depart- ment, bureau, board, commission or other office may, with the approval of the regents, transfer to the permanent custody of the state library or museum ' any books, papers, maps, manuscripts, specimens or other articles which, because of being duplicates or for other reasons, will in his judgment be more useful to the state in the state library or museum than if retained in his keeping. § 21 Other libraries owned by the state. The report of the state library to the legislature shall include a statement of the total number of volumes or pamphlets, the number added during the year, with a summary of operations and conditions, and any needed recom- mendation for safety or usefulness for each of the other libraries owned "by the state, the custodian of which shall furnish such information or facilities for inspection as the regents may require for making this re- port. Each of these libraries shall be under the sole control now pro- vided by law, but for the annual report of the total number of books owned by or bought each year by the state, it shall be considered as a branch of the state library and shall be entitled to any facilities for ex- change of duplicates, interlibrary loans or other privileges properly accorded to a branch. Includes § 22 State museum, how constituted. Unless otherwise spe- workof all cifically provided by law, the state museum shall include the work of the dficVffi-^"' state geologist, paleontologist, botanist, entomologist and any other state scientific officers; and these officers with their respective assistants shall constitute the scientific staff of the state museum. All scientific speci- mens and collections, works of art, objects of historic interest and simi- lar property appropriate to a general museum, if owned by the state and not placed in other custody by a specific law, shall constitute the state museum, and one of its officers shall annually inspect all such property not kept in the state museum rooms^ and the annual report of the mu- seum to the legislature shall include summaries of such property, with its location, and any needed recommendations as to its safety or usefulness. § 23 Collections made by the staff. Any scientific collection made by a member of the museum staff during his term of office shall, lono 10 unless otherwise authorized by resolution of the regents, belong to the museum. ^^^^^ ^^^ ^^^^^^ ^^^^^ ^^ ^j^^ ^^^^^ museum. University § 24 Institutions in the University. The institutions of the 'inncor- University shall include all institutions of higher education which are certain state pub- lications. Duplicate dep't in state li- brary. To have extra copies of all state publica- tions. Books, papers and other ar- ticles may be trans- ferred to state li- brary. State li - brary re- port to in - elude sum marized reports of other li- braries. . uch li- raries to lave all privileges of branches. cers. Includes state iirop- ertv ap- propriate to general museum. Excep- tions. Summar- ized re- ports. Collections during office be- UNIVERSITY I,AW 293 now or may hereafter be incorporated in this state, and such other libra- ported lies, museums or other institutions for higher education as may, in con- Iwaslor formity with the ordinances of the regents, after official inspection, be c!h,ra'tioo. admitted to or incorporated by the University. The regents may ex- Regents elude from such membership any institution failing to comply with law duoc7roin or with any ordinance or rule of the University. member- § 25 Visitation and reports. The regents or their committees ^ '''' or officers shall visit, examine into and inspect the condition and ope- ^lonsiobe rations of every institution and department in the University, and re- ^"^P^*^'^'* quire of each an annual report verified by oath of its presiding officer, ports°'^^* tion, equipment, methods, and operations, with such other information o*'*!* and in such form as may be prescribed by the regents who shall annually report to the legislature the condition of the University and of each of its institutions and departments, with any further information or recom- mendations which they shall deem it desirable to submit; and such parts of their report as they shall deem necessary for use in advance of the annual volume, may be printed by the state printer as bulletins. For refusal or continued neglect on the part of any institution in the Suspension University to make the report required by this section, or for violation or riS" of any law, the regents may suspend the charter or any of the rights [^'■j."'^|'^«* and privileges of such institution. orepo § 26 Apportionment of state money. The treasurer shall pay ^^^„^,f^["''= annually, on warrant of the controller, $12,000 from the income of$"o6,<^ap- the literature fund, $34,000 from the income of the United States deposit ^nnuaUyf fund, and $60,000 from the general fund, according to an apportion- ment to be made for the benefit of the academies of the University by the regents in accordance with their rules, and authenticated by their seal, provided that the said $60,000 from the general fund shall be used Restric- only for academic departments of union schools, and that no academy [!,°"" shall share in such apportionment unless the regents shall be satisfied o°shirrn°g by personal inspection by one of their officers, the necessary expenses ["^j'^PJ'^^j of which inspection may be paid out of said money, that it has suitable provision for buildings, furniture, apparatus, library and collections, and has complied with all their requirements; and provided that books, apparatus, scientific collections or other educational equipment furnished Grants by the state or bought with money apportioned from state funds shall .-et''Jrn."" be subject to return to the regents whenever the charter of the school shall be revoked or it shall discontinue its educational operations. §27 Charters. The regents may, by an instrument under their Regents seal and recorded in their office, incorporate any university, college, ^^y '"cor- academy, library, museum, or other educational institution, under such cliuor-''"^ name, with such number of trustees or other managers, and with such ,'1^.?.?.','"^"- powers, privileges and duties, and subject to such limitations and restrictions in all respects as the regents may prescribe in conformity to law. § 28 Provisional charters. On evidence satisfactory to the re- j^r^'^i]'^- gents that the conditions for an absolute charter will be met within a prov'irionai prescribed time, they may grant a provisional charter which shall be '^''"'<='s. replaced by an absolute charter when the conditions have been fully met; otherwise, after the specified time, on notice from the regents to this effect, the provisional charter shall terminate and become void and tutioa. 294 UNIVERSITY OF THE STATE OF NEW YORK No degrees. Unless on unanimous request of trustees, 30 days' no- tice of pro- posed changes must be given. Regents may dis- solve edu- cational corpora- May issue new char- Charter to be surren- dered sub- ject to res- toration. $500,000 for degree- conferring powers. Limit on location and de- grees. No incor- poration or extension of educa- tional pow- ers under general act Conferring degrees. Use of name col- lege or uni versity. Buying, selling or tampering with cre- dentials. shall be surrendered to the regents. No such provisional charter shall give power to confer degrees. § 29 Change of name or charter. The regents may at any time, for sufficient cause, by an instrument under their seal and recorded in their office, change the name, or alter, suspend or revoke the charter of any institution chartered by the regents or under a general law; pro- vided, that unless on unanimous request of the trustees of the institution, no name shall be changed and no charter shall be altered, nor shall any rights or privileges thereunder be suspended or repealed by the re- gents, till they have mailed to the usual address of every trustee of the institution concerned at least 30 days' notice of a hearing when any ob- jections to the proposed change will be considered, and till ordered by vote at a meeting of the regents for which the notices have specified that action is to be taken on the proposed change. § 30 Dissolution and rechartering. Under like restrictions the regents may dissolve any such educational corporation, whether with or without a capital stock, and whether incorporated by the regents or under a general or by a special law, and make such disposition of the property of such corporation remaining after payment of its debts and liabilities as the regents shall deem just and equitable and best pro- moting public interests. The regents may also, after a similar hearing, issue to any such educational corporation a new charter which shall take the place in all respects of that under which it has been operating. § 31 Suspension of operations. If any institution in the Uni- versity shall discontinue its educational operations without cause satis- factory to the regents, it shall surrender its charter to them, subject, however, to restoration whenever arrangements satisfactory to the re- gents are made for resuming its work. § 32 Conditions of incorporation. No institution shall be given power to confer degrees in this state unless it shall have resources of at least $500,000; and no institution for higher education shall be incor- porated without suitable provision, approved by the regents, for build- ings, furniture, educational equipment and proper maintenance. No institution shall institute or have any faculty or department of higher education in any place or be given power to confer any degree not specifically authorized by its charter; and no institution of higher edu- cation shall be incorporated under the provisions of any general act authorizing the formation of a corporation without grant of a special charter on individual application, and no corporation shall, under authority of any general act, extend its business to include establishing or carrying on any such institution. § 33 Prohibitions. No individual, association or corporation not holding university or college degree-conferring powers by special char- ter from the legislature of this state or from the regents, shall confer any degrees, nor after January i, 1893, shall transact business under, or in any way assume the name university or college, till it shall have • received from the regents under their seal written permission to use such name, and no such permission shall be granted by the regents, except on favorable report after personal inspection ot the institution by an officer of the University. No person shall buy, sell or fraudulently or illegally make or alter, give, issue or obtain any diploma, certificate, or other instrument purporting to confer any literary, scientific, professional UNIVERSITY LAW 295 or other degree, or to constitute any license, or to certify to the com- pletion in whole or in part of any course of study in any university, col- leg^, academy or other educational institution. Nor shall any person Fajsc with intent to deceive, falsely represent liimself to have received any such degree or credential. Counterfeiting or falsely or without author- rounter- ity making or altering in a material respect any such credential issued lucr"inf,°' under seal shall be a felony, and any other violation of this section shall '^'■^■'{'^"''^'s be a misdemeanor ; and any person who aids or abets another, or adver- * ^ ''"^' tises or offers himself to violate the provisions of this section, shall be liable to the same penalties. § 34 Powers of trustees of institutions in the University. The trustees of every corporation created for educational purposes and subject to visitation by the regents, unless otherwise provided by law or by its charter, may : 1 Number and quorum. Fix the number of trustees, which Trustees s shall not exceed 25, nor be less than five. If any institution has more'°^^" than five trustees, the body that elects, by a two-thirds vote after notice Reducing of the proposed action in the call for a meeting, may reduce the number""™''^''' to not less than five by abolishing the office of any trustee which is vacant and filing in the regents' office a certified copy of the action. A Majority a ■ •. r ^1 1 1 I 1 II u quorum. majority of the wliole number shall be a quorum. 2 Executive committee. Elect an executive committee of not Not less less than seven, who, in intervals between meetings of the trustees, '''^" 7* may transact such business of the corporation as the trustees may au- Powers, thorize, except to grant degrees or to make removals from office. 3 Meetings and seniority. Meet on their own adjournment or Regular when required by their by-laws, and as often as they shall be summoned ^^g^^P^'^'*' by their chairman, or in his absence by the senior trustee, on written request of three trustees. Seniority shall be according to the order in seniority which the trustees are named in the charter or subsequently elected. »« elected. Notice of the time and place of every meeting shall be mailed not less 5 to 10 days' than five nor more than 10 days before the meeting to the usual ad- n°eeti'j,^s dress of every trustee. 4 Vacancies and elections. Fill any vacancy occurring in the Trustees office of any trustee by electing another for the unexpired term. The vacancies, office of any trustee shall become vacant on his death, resignation, refusal to act, removal from office, expiration of his term, or any other cause specified in the charter. If any trustee shall fail to attend three Three ab- consecutive meetings without written excuse accepted as satisfactory by ^^^^^"^.j^. the trustees not later than the third consecutive meeting from which hecancy. has been absent, he shall be deemed to have resigned, and the vacancy shall be filled. Any vacancy in the office of trustee continuing for more Regents than one year, or any vacancy reducing the number of trustees to less "enain va- than two thirds of the full number may be filled by the regents. No ^^'•"'j|fgn person shall be ineligible as a trustee by reason of sex. eligible. 5 Property holding. Take and hold by gift, grant, devise or Regents bequest in their own right or in trust for any purpose comprised in the [^^^^^^.'1^^" objects of tlie corporation, such additional real and personal property holding beyond such as shall be authorized by their charter or by special or |^e°'^n'^^' general statute, as the regents shall authorize within one year after the chafer delivery of the instrument or probate of the will, giving, granting, de- '"' ' vising or bequeathing such property and such authority given by the 296 UNIVERSITY OF THE STATE OF NEW YORK regents shall make any such gift, grant, devise or bequest operative and valid in law. 6 Control of property. Buy, sell, mortgage, let and otherwise use and dispose of its property as they shall deem for the best interests of the institution; and also to lend or deposit, or to receive as a gift, or on loan or deposit, literary, scientific or other articles, collections, or property pertaining to their work; and such gifts, loans or deposits may be made to or with the University or any of its institutions by any person, or by legal vote of any board of trustees, corporation, associ- Transfer of ation or school district, and any such transfer of property, if approved by the regents, shall during its continuance, transfer responsibility therefor to the institution receiving it, which shall also be entitled to receive any money, books or other property from the state or other sources to which said corporation, association or district would have been entitled but for such transfer. 7 Officers and employees. Appoint and fix the salaries of such officers and employees as they shall deem necessary, who, unless em- ployed under special contract, shall hold their offices during the pleasure of the trustees; but no trustee shall receive compensation as such. 8 Removals and suspensions. Remove or suspend from office by vote of a majority of the entire board any trustee, officer or em- ployee engaged under special contract, on examination and due proof of the truth of a written complaint by any trustee, of misconduct, in- capacity or neglect of duty; provided that at least one week's previous notice of the proposed action shall have been given to the accused and to each trustee. 9 Degrees and credentials. Grant such degrees and honors as are specifically authorized by their charter, and in testimony thereof give suitable certificates and diplomas under their seal; and every cer- tificate and diploma so granted shall entitle the conferee to all privileges and immunities which by usage or statute are allowed for similar di- plomas of corresponding grade granted by any institution of learning. Rules not iq Rules. Make all by-laws, ordinances and rules necessary and with uw'or proper for the purposes of the institution and not inconsistent with law Un^^ersity ^^ ^^y ordinance or rule of the University; but no ordinance or rule by which more than a majority vote shall be required for any specified ac- tion by the trustees shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. § 35 Public and free libraries and museums. All provisions of § 35 to 51 shall apply equally to libraries, museums, and to com- bined libraries and museums, and the word library shall be construed to include reference and circulating libraries and reading-rooms. § 36 Establishment. By majority vote at any election, any city, village, town, school district, or other body authorized to levy and col- lect taxes, or by vote of its common council, any city, or by vote of its trustees, any village, may establish and maintain a free public library, with or without branches, either by itself or in connection with any other body authorized to maintain such library. Whenever 25 taxpay- ers shall so petition, the question of providing library facilities shall be voted on at the next election or meeting at which taxes may be voted, provided that due public notice shall have been given of the proposed action. Trustees have ex- clusive control of property. May lend deposit, etc. property responsi- bility and rights. Salaries and terms of office. Trustees not to be paid. Miscon- duct, inca- pacity or neglect of duty. Previous notice. Only de- grees and honors specified in charter. Privileges. Restric tion. Library de fined. How es- tablished By major ity vote. 25 taxpay- ers may re- quire vote. UNIVERSITY LAW 297 § 37 Subsidies. By similar vote money may be granted toward Hbrarh."'''''' the support of libraries not owned by the public but maintained for its may re- welfare and free use; provided, that such libraries shall be subject tofvoL'J^r the inspection of the regents and registered by them as maintaining a cir^^ul^tjo^' proper standard, that the regents shall certify what number of the books regenfs. ^ circulated are of such a character as to merit a grant of public moneys ^ and that the amount granted yearly to libraries on the basis of circula- tion shall not exceed 10 cents for each volume of the circulation thus certified by the regents. §38 Taxes. Taxes, in addition to those otherwise authorized, Tax first may be voted by any authority named in § 36 and for any purpose speci- annual tiii° fied in § 36 and 37, and shall, unless otherwise directed by such fhang^jj^br vote, be considered as annual appropriations therefor till changed by further vote, and shall be levied and collected yearly, or as directed, as are other general taxes; and all money received from taxes or other ^.^^^ general sources for such library shall be kept as a separate library fundmone^to and expended only under direction of the library trustees on properly ^^p^P^^^ authenticated vouchers. § 39 Trustees. Such libraries shall be managed by trustees who Powers, shall have all the powers of trustees of other educational institutions of the University as defined in this act; provided, unless otherwise Numbers, specified in the charter, that the number of trustees shall be five; that they shall be elected by the legal voters, except that in cities they shall Election or be appointed by the mayor with the consent of the common council, ment"*^" from citizens of recognized fitness for such position; that the first trus- tees determine by lot whose term of office shall expire each year andT«-m^of that a new trustee shall be elected or appointed annually to serve for years, five years. § 40 Incorporation. Within one month after taking office, the c^^^r first board of trustees shall apply to the regents for a charter in accord- regTms. ance with the vote establishing the library. §41 Reports. Every library or museum which receives state aid To report or enjoys any exemption from taxation or other privilege not usually '° '"'^s^"'^- accorded to business corporations shall make the report required hy ^^^^^^ § 25 of this act, and such report shall relieve the institution from making fronroiher any report now required by statute or charter to be made to the legis- "-eports. lature, or to any department, court or other authority of the state. These reports shall be summarized and transmitted to the legislature by Repons to the regents with the annual reports of the state library and state nfadzed. museum. § 42 Use. Every library established under this act shall be forever Ubrarj- free to the inhabitants of the locality which establishes it, subject always tfents? '^^^~ to rules of the library trustees, who shall have authority to exclude any Exclusion, person who wilfully violates such rules; and the trustees J^i^y, under p^.^..,^^^^ such conditions as they think expedient, extend the privileges of the to non- library to i)ersons living outside such locality. lesidems. § 43 Injuries to property. Whoever intentionally injures, defaces imentionai or destroys any projKMty belonging to or deposited in any incorporated •Jji^J,^'^ library, reading-room, museum, or other educational institution, shall prison of- be punished by imprisonment in a state prison for not more than three ^^"^^• years, or in a county jail for not more than one year, or by a fine of not more than $500, or by both such fine and imprisonment. 38 298 UNIVERSITY OF THE STATE OF NEW VoRK by 6 mos. in jail or $25 fine. Transfer approved by regents carries right to receive money, books' and other prop- erty. Right to state grants for- feited. Regents may re- move neg- ligent trus- tees. Control of property. Libraries in Univer sity may borrow. Traveling libraries. Instruction on organ- izing and adminis- tering li- braries. By library staffer commis- sion. Aid free to residents of state. § 44 Detention. Whoever wilfully detains any book, newspaper, magazine, pamphlet, manuscript or other property belonging to any public or incorporated library, reading-room, museum or other educa- tional institution, for 30 days after notice in writing to return the same, given after the expiration of the time which by the rules of such insti- tution, such article or other property may be kept, shall be punished by a fine of not less than one nor more than $25, or by imprisonment in the jail not exceeding six months, and the said notice shall bear on its face a copy of this section. § 45 Transfer of libraries. Any corporation, association, school district or combination of districts may, by legal vote duly approved by the regents, transfer the ownership and control of its library, with all its appurtenances to any public library in the University, and there- after said public library shall be entitled to receive any money, books or other property from the state or other sources, to which said corpo- ration, association or district would have been entitled but for such transfer, and the trustees or body making the transfer shall thereafter be relieved of all responsibility pertaining to property thus transferred. § 46 Local neglect. If the local authorities of any library sup- ported wholly or in part by state money, fail to provide for the safety and public usefulness of its books, the regents shall in writing notify the trustees of said library what is necessary to meet the state's require- ments, and on such notice all its rights to further grants of money or books from the state shall be suspended until the regents certify that the requirements have been met; and if said trustees shall refuse or neglect to comply with such requirements within 60 days after service of such notice, the regents may remove them from office and thereafter all books and other library property wholly or in part paid for from state money shall be under the full and direct control of the regents who, as shall,- F-em best for public interests, may appoint new trustees to carry on iw - library, or may store it or distribute its books to other libraries. § 47 Loans of books from state. Under such rules as the re- gents may prescribe, they may lend from the state library, duplicate department, or from books specially given or bought for this purpose, selections of books for a limited time to any public library in this state under visitation of the regents, or to any community not yet having established such library, but which has conformed to the conditions required for such loan"^. § 48 Advice and i sltuction from state library officers. The trustees or librarian-'-''''^'* ly citizen interested in any public library in this state shall be S^" "o ask from the officers of the state library any needed advice fr 1.. .iiiction as to a library building, furniture and equipment, government and service, rules for readers, selecting, buying, cataloguing, shelving, lending books, or any other matter pertaining to the establishment, reorganization or administration of a public library. The regents may provide for giving such advice and instruction either personally or through printed matter and correspondence, either by the state library staff or by a library commission of competent experts ap- pointed by the regents to serve without salary. The regents may, on request, select or buy books, or furnish instead of money apportioned, or may make exchanges and loans through the duplicate department of UNIVERSITY LAW 299 the state library. Such assistance shall be free to residents of this state as far as practicable, but the regents may, in their discretion, charge apeesfor proper fee to non-residents or for assistance of a personal nature or for certain other reason not properly an expense to the state, but which may be '''^"' authorized for the accommodation of users of the library. § 49 Use of fees and fines. The regents may use receipts from Receipts to fees, fines, gifts from private sources, or sale of regents' bulletins and exp^'ifs'es."' similar printed matter, for buying books or for any other proper ex- penses of carrying on their work. §50 Apportionment of public library money. Such sum as state aid shall have been ap[jropriated by the legislature as public library money bJ-arfeg''* shall be paid annually by the treasurer, on the warrant of the con- troller, from the income of the United States deposit fund, according to an apportionment to be made for the benefit of free libraries by the regents in accordance with their rules and authenticated by their seal •Conditions, provided that none of tliis money shall be spent for books except those Booi N0V3C • : ■^ ^■'-; "^ ^t.^ ' ' ■" ^r- .,iX^* '^^^ .ri-'M" m^^^ LD 21-100rn-7,'33 VO !3I45