about a university. One of the remarkable laws of this code represents the early policy of the State, which has in recent times been wholly departed from.

In section 10 we find these words: "If a school be formed by the enterprise of a religious society, in which all the educational branches are taught, and which from its private and public examination will it to be well conducted, such school shall be allowed a compensation from the public school fund in proportion to the number of its pupils in the same manner as is provided for district schools by this act."

Sec. 11 says: "Schools established under charitable auspices, orphan asylums, schools for blind, almshouse schools, etc., such as shall be subject to the general supervision of laws on education, but under the immediate management of their respective trustees, managers, and directors; and said schools shall participate in the apportionment of the school moneys in the same manner as other common schools." 1

As nearly all of the colleges and seminaries had preparatory courses in connection with their collegiate departments, section 10 of this law provided for aid by the State to private or sectarian institutions. By a law of 1852 the Catholics were allowed their pro rata of the public fund, but by an act approved May 3, 1852,2 which levied the first State school. tax, the foregoing action was annulled by providing that no school should receive any apportionment of public money unless free from all denominational or sectarian bias, control, or influence whatever. Beyond this the State gave assistance to high schools, some of which attained first rank, but all of these are now supported by local taxation.

THE STATE UNIVERSITY.

The crowning work of the State in the support of education is found in the university at Berkeley. In fact all that the State has ever done in the name of higher education worthy of mention, has been centered about this point. From the time of organization as a State, California has shown a disposition to foster the grants made by the General Government, and has at the same time provided a constant support for the university by taxation, appropriation, and endowment.

The grant of two whole sections of land from the General Government in 1853,3 for a seminary, and an additional grant in the same year of ten sections for building purposes, gave California an opportunity to realize a handsome sum by judicious management; but owing to hasty sales only one hundred thousand dollars was realized from these two sources. Yet this was more satisfactory than the profits received from the five hundred thousand acres granted for internal improvement by the United States in an act of 1841.4 California received but six hun.

1 Quoted by John Swett in History of Public School System of California, 15. 2 Ibid., 20.

3 General Statutes of United States,

4 Statutes of United States.

dred thousand dollars from this magnificent gift, and the entire sum was devoted to the general school fund.

Nothing beyond the sale of lands was done toward the establishment of a university in California until 1866. In the meantime the act of the General Government in 1862 had given to this State one hundred and fifty thousand acres of land for the support of an Agricultural and Mechanical College. In 1864 the Legislature appointed a board of commissioners to prepare a report favorable to the founding of a State university; this board was composed of Prof. J. D. Whitney, State Geologist; J. F. Houghton, Surveyor General, and John Swett, Superintendent of Public Instruction. Among other considerations it was recommended that the different funds be consolidated and devoted to one institution to be located in San Francisco.

An act was finally approved by the Legislature on March 31, 1866, establishing the Agricultural, Mining, and Mechanical College in accordance with the United States act of July 2, 1862. Section first in defining the object of the college says that "the design of the institution in fulfillment of the injunction of the Constitution is to afford thorough instruction in agriculture, mining, and the sciences connected therewith. To effect the object most completely the institution shall combine physical with intellectual education and it shall be a high seminary of learning." This act provided for a complete organization of the college, but no effective action was taken until two years later when another law was passed establishing the university at Berkeley.

1

2

The trustees of the College of California formally presented the site and property of that institution to the trustees of the Agricultural and Mechanical College with the provision that the Mechanical College should be located on their site at Berkeley; and on the other hand the said trustees of California College offered to give up their own charter and donate to the State their buildings, apparatus and property provided that it should be united with the various grants to form the University of California. After careful deliberation the proposition was accepted and the institution known as the State University with an Agricultural and Mechanical College was established at Berkeley. The property received from the College of California amounted to about one hundred and twenty thousand dollars in value, at the time of the gift. The university was established in 1868, and opened for the reception of students in September of the following year.

In addition to the seventy-two sections of land granted, the General Government also gave ten sections to the university for building pur

poses.

STATE APPROPRIATIONS.

By an act passed March 30, 1868, the State of California granted the sum of two hundred thousand dollars, which was to be realized from

1 Report of Commissioner of Education, 1867-68, 125.

2 See Wiley's History of College of California, chap. 17 and 18.

the sale of swamp lands located within the State; two years later we find an act recorded which provided for the sale of certain swamp lands to the amount of about eight hundred thousand dollars, or suffi cient to yield an income of fifty thousand dollars, the principal of which was to remain as a perpetual university fund.'

In 1872 an appropriation of three hundred thousand dollars was made by the Legislature for a university building fund. It was also provided in the same year, and approved March 26, 1872, that the defi ciency expenses of the university should be paid out of the public treas ury for the two years following, not to exceed six thousand dollars, per month.3

The appropriations during 1873-74 were for different purposes, and under the title 'aid for the university,' equal eighty-thousand dollars; of this sum, fifteen thousand dollars was for the Agricultural and Mechanical College. In addition to this, the sum of $4,800 was given for the support of the library of the State University. Also by the same act the products of the surveys of the State Geologist were ordered to be delivered to the university and five thousand dollars devoted to the classification and arrangement of the same.*

A law deserving especial mention was that enacted in the session of 1873-74 prohibiting the sale of intoxicating liquors within two miles of the site of the university.5

For the two years of 1885 and 1886 the following appropriations were made:

Deficiency of the account of the Agricultural College...

For the benefit of the university grounds and water supply..

$359.57

For the benefit of the College of Agriculture..........

51,456.00

Viticultural Society.

For viticulture, under joint control of the board of regents and the State

23,500.00

College of Mechanical Engineering..

10,000.00

12,000.00

Of the above sums, only one-half of each appropriation was to be used the first year, with the exception of the library fund, which was to be wholly expended the first year.

"An act appropriating twenty-five thousand dollars to be used cojointly with a like sum of twenty-five thousand dollars donated by H. D. Bacon for the construction of a building to be erected on the State

1 Hittell Statutes, sec. 16075.

Laws of 1871-2, chap. 508, p. 747.
Ibid., chap. 399, p. 554.

4 Laws of 1873-74, chap. 463, p. 694,

5

I bid, chap. 13, p. 12.

University grounds, in Alameda County, for a library and art gallery," was approved in April, 1878.

In the same year an appropriation of ten thousand dollars was made for the benefit of the Mining College, and the same amount ($10,000) was given to the Agricultural College. Also, it was ordered that the interest on the Hastings endowment fund, amounting to fourteen thousand dollars, should be paid.2

3

An act authorizing the planting of jute was passed in March, 1880, and the College of Agriculture was directed to plant not less than one nor more than five acres as an experiment, for which necessary appropriation was to be made. In order to place the funds in better working condition, the Legislature, by an act approved March 19, 1878, formed the "Consolidated perpetual endowment fund of the Univer sity of California." The act reads as follows:

"SEC. I. That the entire principal sums which have been or may be hereafter realized from several sources of income and endowment funds of the University of California, to wit, the principal sum derived from the sale of lands granted to the State of California by an act of Congress approved July 2, 1872, and amendments thereto, and the principal sum derived from the sale of seventy-two sections of land granted to the State of California for the use of a seminary of learning by act of Congress approved March 3, 1853, and the principal sum derived from the sale of ten sections of land granted to the State of California for the use of a seminary of learning by act of Congress approved March 3, 1853, and the principal sum which the treasurer of the State of California was directed by act of the Legislature approved April 2, 1870, to place to the account of the university fund, and which, being invested in the bonds of the State, should yield an income of fifty thousand dollars, and the principal sum now remaining on hand derived from the sale of the real estate in Oakland, Alameda County, and State of California, known as the Brayton property, shall be collected into a general fund and the interest only used."4

SOURCES OF ENDOWMENT.

Thus we have a review of the permanent university fund, or as it is given by Hittell 5 in a summary in the code.

Sources of Endowment of the University of California.

(1) The proceeds of the sale of seventy-two sections of land granted to the State for a seminary of learning.

'Laws of 1887-88, chap. 584, p. 930.

Laws of 1887-88, chap. 653, p. 1008: (Mr. Hastings, of San Francisco, gave one hundred thousand dollars to endow a law school, which became a branch of the university, and the State held the money in trust at this time.)

(2) Proceeds of ten sections of land granted for the purpose of building.

(3) Income from investment made from the proceeds of the sale of public scrip for the teaching of agriculture and the mechanic arts. (4) Endowment fund arising from the sale of swamp lands. (5) Gifts and grants.

The Legislature, as will be seen, has from time to time made generous appropriations to the university.

By an act of 1883, approved March 1, the funds were placed under the exclusive control of the regents of the university.'

The board of regents numbers twenty-three, of whom the Governor, Lieutenant-Governor, Superintendent of Public Instruction, Speaker of the Assembly, president of the State Agricultural Society, the presi dent of the Mechanics' Institute, and the president of the university are ex-officio members of the board, and the remaining sixteen are appointed by the Governor. These regents are required to make full reports of their proceedings to the Legislature.

From the regents' report for the year 1885 is extracted the following statement, which shows the resources of the university. In addition to this the appropriations for the same year amounted to $97,730 for the several departments. By this report the estimated available income for 1885 amounted to $98,000.

The Tompkins endowment consists of forty-seven acres of land now (1885 rented for one hundred and seventy-five dollars per annum. soon as the property reaches a value of fifty thousand dollars it is to be sold for the benefit of the university. In this report of 1885 the

1 Laws of 1883, chap. 30, p. 54

2 Report of the board of regents, 1885, p. 7.