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GENERAL STATEMENT.

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HISTORY. The establishment of the University of California came as the resultant of three movements: one originating in private intiative, one in State action, and one in Federal action.

In 1853 Rev. Henry Durant, a native of Massachusetts and a graduate of Yale College, class of 1827, landed in San Francisco. He came with the purpose of founding a university fully formed in his mind. In that same year, under the auspices of the Presbytery of San Francisco and of the Congregational Association of California, Mr. Durant opened the Contra Costa Academy'' in Oakland. The name was shortly afterwards changed to “College School,” in order to signify that the undertaking was only preparatory to the projected college. Such an institution was incorporated in 1855 under the name of the “College of California.” A suitable site had already been secured in Oakland. Rev. Samuel H. Willey, who had come to California in 1849, and had constantly agitated the subjeet of founding a college, was appointed vice-president; no president was selected. In 1859 three professors, Henry Durant, Martin Kellogg, and I. H. Brayton, together with three instructors, were chosen as the faculty of the college, and in 1860 instruction was formally begun with a freshman class of eight students. Classes were graduated from 1864 to 1869, inclusive.

In 1856 a tract of one hundred and sixty acres, five miles north of Oakland, was selected as the permanent home of the college; in 1860 this spot was formally dedicated to the purposes of education; and in 1866, on the suggestion of a member of the board of trustees, Frederick Billings, the name of Berkeley was given to the townsite.

The Constitutional Convention of 1849 inserted in the fundamental law a provision that the legislature should encourage the promotion of the intellectual, scientific and moral improvement of the people. To accomplish this end the constitution placed at the disposal of the legislature: (1) the five hundred thousand acres of land, which had been granted by Congress for the purposes of internal improvement, and devoted by the constitution of California to the cause of common school edueation; (2) all eseheated estates; (3) the sixteenth and thirty-sixth Sections of land, granted by Congress, and constituting one-eighteenth portion of all the soil of the State. The constitution directed that these

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benefactions should remain a perpetual fund to be “inviolably appropriated to the support of common schools throughout the State." It furthermore provided (4) that "the legislature should take measures for the protection, improvement or other disposition” of lands already given, or thereafter to be given, by the United States or by individuals for the use of the University, that the proceeds of such lands, as of all other sources of revenue, should “remain a permanent fund,” the income thereof to be "applied to the support of the University, for the promotion of literature, the arts and sciences''; and that it should be “the duty of the legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of the University.'

From 1849 to 1868 the matter of establishing the University of California in one form or another was constantly agitated. In 1853 Congress gave to the State forty-six thousand and eighty acres of land for a “seminary of learning.' In 1862 the Morrill Act granted to the several States a quantity of public land, the interest on the proceeds of which should be “inviolably apropriated, by each State which may take and claim the benefit of this act, to the endowment, support and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the several States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life.') The apportionment of this grant for California was hundred and fifty thousand acres. In order to secure the endowment, an act was passed by the legislature in 1866 to establish an Agricultural, Mining and Mechanical Arts College, and to provide a board of directors therefor. The directors provisionally selected a site of one hundred and sixty acres a little to the north of the Berkeley grounds of the College of California.

During the year 1867 a group of men, deeply interested in the intellectual advancement of California, including Rev. Dr. Horatio Stebbins, Professor Durant, Governor F. F. Low, John W. Dwinelle and John B. Felton, sought to secure the establishment of an institution of broader scope than the projected State College of Agriculture, Mining and Mechanical Arts. Their efforts resulted in the generous offer to the State on the part of the College of California of its property in Oakland and its grounds in Berkeley on condition that the State should “forthwith organize and put into operation upon the site at Berkeley a University of California, which shall include a College of Mines, a College of Civil Engineering, a College of Mechanics, a College of Agriculture, an Academical College, all of the same grade and with courses of instruction

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at least equal to those of eastern colleges and universities." The directors of the State college agreed to this proposal and recommended to the legislature its acceptance. The legislature accordingly passed an act organizing the University of California, which was signed by Governer H. H. Haight on March 23, 1868.

This Organic Act, or Charter, declared that the University was "created pursuant to the requirements of the Constitution, and in order to devote to the largest purpose of education the benefaction" of the congressional land grant of 1862. It “shall be called the University of (alifornia and shall be located on the grounds donated to the State by the College of California.'' It “shall have for its design to provide instruction and complete education in all the departments of science, literature, art, industrial and professional pursuits, and general education, and also special courses of instruction for the professions of agrieulture, the mechanic arts, mining, military science, civil engineering, law, medicine, and commerce."

In reference to the congressional grant, the Charter said: “The Board of Regents shall always bear in mind that the College of Agriculture and the College of Mechanic Arts are an especial object of their care and superintendence, and that they shall be considered and treated as entitled primarily to the use of the funds donated for their establishment and maintenance by the act of Congress." In reference to the convey. ance by the College of California, it said: “The Board of Regents, * having in regard the donation already made to the State by the President and board of trustees of the College of California, and their proposition to surrender all their property to the State for the benefit of the State ['niversity, and to become disincorporated and go out of existence as soon as the State shall organize the University by adding a classical course to the College of Arts, shall, as soon as they deem it practicable, establish a College of Letters. The College of Letters shall be coexistent with the College of Arts, and shall embrace a liberal course of instruction in languages, literature, and philosophy, together with such courses or parts of courses in the College of Arts as the authorities of the University shall prescribe.” The past graduates of the College of California were to rank in all respects as graduates of the University.

In 1569 the College of California discontinued its work of instruction and gave place to the new University, which opened its doors on September 23. During the construction of buildings at Berkeley the I'niversity oceupied the college halls in Oakland. On July 16, 1873, the commencement exercises were held at Berkeley and the University took formal possession of its new home.

The first appointees to the faculty included Professors Martin Kellogg, John LeConte, and Joseph LeConte. The first appointee to the presi

dency was Professor Durant. When in 1872, he resigned, owing to failing health, he was succeeded by President Daniel Coit Gilman.

In 1869 the legislature directed that no admission or tuition fees should be charged, and in 1870 that the University should be opened to women on terms of equality with men. This latter legislative provision was re-enforced in 1879 by the express constitutional declaration that “no person shall be debarred admission to any of the collegiate departments of the University on account of sex.

President Gilman resigned in 1875 to accept the presidency of the new Johns Hopkins University in Baltimore. He was followed by John LeConte, who served until 1881, when William T. Reid was elected to the position and served until 1885. Edward S. Holden was then elected, with the understanding that he was to fill the presidency only until the conipletion of the Lick Observatory, when he was to assume the position of its director. Accordingly he retired in 1888 and was succeeded by Horace Davis, who served for two years. Thereafter Martin Kellogg was acting president until, in 1893, he was formally appointed to the office. Upon his resignation in 1899 he was succeeded by President Benjamin Ide Wheeler.

Until 1887 the University depended for its revenue upon the income from its invested funds and upon biennial appropriations by the legislature. Its invested capital consisted of money derived from the sale of seventy-two sections of land for a seminary of learning and ter sections for public buildings, both granted by Congress in 1853; frein the sale of one hundred and fifty thousand acres granted under the Morrill Act of 1862; from the sale of salt and marsh lands granted by the legislature; and from the sale of the College of California property in Oakland.

In 1887 the State legislature rendered the income of the l'niversity more secure and permanent by providing for the annual levy of an ad valorem tax of one cent on each one hundred dollars of the taxable property of the State. In 1897 the resources were further enlarged by a second act of the legislature, providing for the levy of an additional one cent on each one hundred dollars. In 1911, as an incident of an amendment to the Constitution which reorganized the tax system of the state, the legislature substituted for the "three cent tax", a bill appropriating for university support the sum of $760,770 for the year ending June 30, 1912, with provision for a regular increase of seven per cent. per annum in this appropriation for three years thereafter, or until June 30, 1915, for which year the income will be $931,974.

In the early years of its history many attempts were made to segregate the departments of the University, especially to set the College of Agriculture off by itself, and many efforts were made to change the character

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