SEC. 7. The money subject to the support and maintenance of Common Schools shall be distributed to the districts in proportion to the number of youths, between the ages of five and twenty-one years, in such manner as may be provided by the General Assembly.

It will be seen that the control of the educational interests of the state was vested in two distinct legislative bodies, holding their sessions at different periods, and neither having full jurisdiction over the subject. By the provisions of the constitution the members of the General Assembly were elected on the second Tuesday in October, 1857, and the members of the Board of Education on the second Tuesday in October, 1858. The General Assembly convened at Des Moines, January 11th, 1858, some nine months before the members of the Board of Education were elected, and, under a misapprehension of its powers, assumed control of the whole subject of education, financial and educational. "An act for the public instruction of the state of Iowa," which repealed all educational laws previously in force, except those relating to the school lands and fund, was passed and approved March 12th, 1858.

The law for the government of the University was embodied in it, instead of a separate act as formerly. The portion of it which applied to the University was not materially different from the former law, except that it created thirty-six scholarships in the University, in which an equal number of young men, not less than sixteen years of age, selected from the high schools of the state by certain officers designated for the purpose, were to be educated free of charge for tuition, in consideration of which they were to teach in some high or other school for a term equal to the time they had enjoyed the benefit of such scholarships.

The government of the University was vested in a Board of Trustees, consisting of the Chancellor, as President, the Governor, Superintendent of Public Instruction, and twelve persons to be elected by the General Assembly. The twelve members named in the law were Lauren Dewey, of Henry; Edgar Wright, of Cedar; William Burris, of Scott; W. F. Brannan, of Muscatine; E. C. Lyon; Morgan Reno, Hugh D. Downey, and W. H. Barris, of Johnson; Lincoln Clark,

of Dubuque ; J. B. Grinnell, of Poweshiek; Geo. W. Drake, of Mahaska; and William P. Davis, of Polk county.

Those elected by the General Assembly were to be divided into three classes, of four each, to continue in office for two, four, and six years respectively, from the first Monday in January, 1858, and at the expiration of their respective terms, their successors were to be elected for six years, Seven members constituted a quorum, and they were authorized to determine the time for holding their meetings, and to fill vacancies for unexpired terms, except in the case of Governor, Superintendent of Public Instruction, and Chancellor. They were allowed mileage-a new feature in the law-at the rate of ten cents per mile for the distance necessarily traveled in attending all regular and special meetings.

The General Assembly, in response to the urgent appeals of the Board, appropriated March 11th, 1858, from the state treasury the sum of $3,000, for repairs and modifications on the edifice formerly occupied as the state capitol, and $10,000 for the erection of a new building, designed for a boarding hall and dormitories.

The newly constituted Board met on the 27th day of April, 1858, Chancellor Dean presiding, and organized by the election of Maturin L. Fisher, Vice-President, Henry W. Lathrop, Treasurer, and Anson Hart, Secretary. Their terms of service were decided as follows: Messrs. Dewey, Burris, Brannan and Grinnell, two years; Downey, Barris, Clark and Davis, four years; and Wright, Lyon, Reno and Drake, six years. Chancellor Dean made a statement of his views in regard to the management and future prospects of the University, and recommended that it be closed until such time as the income of the fund would be sufficient to meet current expenses, and the buildings were ready for the reception of students. In accordance with this recommendation, the Faculty, except the Chancellor, was discharged, and all further instruction suspended, after the close of the term then in progress, till September, 1859. The Chancellor was continued in office at a salary of $2,000.

A resolution was adopted, excluding females from the Uni

versity after the close of the term. Messrs. Dean, Fisher and Barris were appointed a committee to select and purchase books for the Library. An executive and auditing committee, consisting of Messrs. Lyon, Reno and Downey were appointed. Messrs. Downey, Lyon, Reno, Burris and Wright were appointed a building committee to superintend the erection of the new building, and the repairs on the old one. Messrs. Dean, Grinnell and Dewey were instructed to prepare a report to the Board of Education. The Faculty was directed to prepare for the Chancellor a statement of the students in attendance, "giving the name, residence and sex of each student, the department or departments each has attended, and the length of time each has attended each department-the same to be furnished just previous to the close of the term. This requirement was doubtless with a view to the publication of a catalogue, but for some cause it was not issued.

At the meeting of August 4th, 1858, the Chancellor and Vice-President being absent, J. B. Grinnell was appointed President pro tem. The action of the previous meeting excluding females was so far modified as to admit them to the Normal department. The executive committee was instructed to take the necessary steps for re-opening the Normal department for the ensuing year. The degree of Bachelor of Science was conferred on Dexter Edson Smith-the first degree conferred on a student of the University. Diplomas were awarded to Levi Parker Aylworth, Cellina H. Aylworth, Elizabeth S. Humphrey, Annis A. Pinney and Sylvia M. Thompson—the first graduating class of the Normal depart

ment.

The annual report of the Faculty and of each Professor were presented, in form as required by the Board, except that the names and sex of the students were only partially given. As there was no catalogue published for the collegiate year, which closed June 29th, 1858*, these reports, now on file in the Secretary's office, furnish the only reliable information I

*This and the Normal Catalogue of 1859, with all the papers named on page 58, are now being published. See note, page 38.-Eɓ.

have been able to obtain as to what was accomplished during that period. They show that there were 125 students in attendance, 40 of whom received instruction in the first, 20 in the second, 6 in the fourth, 41 in the seventh, 54 in the eighth, 16 in the ninth, 56 in the Normal, and 75 in the Preparatory departments. The classes in the fourth and ninth departments were instructed by Prof. Stone, who had charge of the eighth department. The expenditures from November 1st, 1857, to November 1st. 1858, including appropriations for all purposes, were $8,563.58.

A printed circular was issued September 15th, 1858, by the executive committee--Messrs. Lyon, Reno and Downeyannouncing that the Normal department would be opened on the first day of November 1858, under the management of D. Franklin Wells, A. B. In accordance with this announcement the fall term was regularly opened at the time designated.

The appropriation for the new college edifice was expended under the direction of the building committee, but proved inadequate for its completion. For the purpose of inclosing it, the Board expended $5,000 from the income of the University fund. This building, though designed originally in part for a boarding hall, is now used for other purposes, and is familiarly known as the south hall of the University buildings. The appropriation for repairs was expended in re-roofing the old building, and in making some essential changes and improvements in its various departments. Among others, a cabinet-systematically and tastefully arranged under the supervision of Mr. Barris, a member of the Board-was prepared for the geological specimens and collection in natural history, then quite extensive, and to which many valuable additions have since been made.

Soon after the enactment of the law of March 12th, 1858, its constitutionality was questioned. To test the matter, an agreed case was taken from the Dubuque District Court to the Supreme Court, which decided that the General Assembly was not empowered to pass the law in question. The following is an extract from the concluding portion of their opinion:

"Laws for the levying of taxes-those making appropriations of money, and those for the control and management of the educational and school funds and lands-are to be passed by the General Assembly. Those which provide a system of education, sometimes known by the name of "school laws"-those which create and designate the officers. by and through whom the system is to be administered—are to originate with the Board of Education." See 7th Clark,

page 263.

The Board of Education commenced its first session December 6th, 1858. It consisted of thirteen members, namely: the Lieutenant Governor, who was the presiding officer, the Governor, and one member from each of the eleven Judicial Districts, to be elected by the people. With the view of remedying as far as possible the embarrassments growing out of the unauthorized legislation of the General Assembly, on the 15th day of December, a week after the decision of the court was rendered, they passed a law legalizing and confirming all proceedings had in conformity with the act of March, 12th, 1858. The "Act for the government and regulation of the State University of Iowa," was passed December 25th, 1858. The greater portion of this law was simply a re-enactment of that passed by the General Assembly in March previous. The clause creating scholarships was omitted. It provided for a Board of Trustees, consisting of seven persons, to be elected by the Board of Education, three of whom were to hold their offices for one year, and four for three years. They were authorized to appoint their own presiding officer, a Treasurer, Librarian, Secretary, and a Curator of the Cabinet of Natural History, and to fill vacancies in unexpired terms when the Board of Education was not in session. Their first meeting was to be held on the first Wednesday in February, 1859, and the annual meeting on the last Tuesday in June of each year. The President of the Board of Education was authorized to call special meetings of the Board of Trustees, and when attending any of these meetings, they were allowed the same per diem and mileage as members of the General Assembly. Prior to this time the members of the Board were allowed no compensation for