CHAPTER VIII

A STATE UNIVERSITY AS A CENTER OF LEARNING

Michigan's position as a state university has been strongly reflected in

its ideals and policies. It could not be otherwise. But this

relationship, the source of its strength in many aspects, has also

carried with it certain dangers. The University has a two-fold function:

it must teach the youth of the State and the Nation; but to do this

effectively, it must also aim to do its share in enlarging the field of

knowledge by encouraging scholarship and research on the part of members

of the Faculties as well as by a certain proportion of the more advanced

students. It is this latter function that is too easily overlooked in

the demand for the ordinary and more "practical" courses which

necessarily form so large a part of the modern curriculum. Yet even the

most elementary college work cannot be given properly unless the

instructor is in touch with the latest developments and discoveries in

his own field, and this familiarity only comes through research, on his

own part or by his colleagues.

But more than this the University, if it be worthy of the name, owes it

to the State to be a leader and a guide in the development of the

highest cultural standards; it should be a reservoir upon which the

people of the State can draw for truth and guidance in the difficult

problems of modern life. This cannot come without a strong emphasis on

original and productive scholarship.

It has always been one of the sources of the University's strength that

this fact was understood, almost from the first, and that the claims of

true scholarship and research have been increasingly recognized. It has

been shown that in its first years Michigan was to all intents a replica

in the West of the older and conservative colleges of the East; though

there was a certain idealism and progressive spirit that tempered even

then this recognition of long-established precedent. The West was

liberal and disposed to create its own institutions upon a new basis, so

that when the new ideals in education began to make themselves felt,

about the middle of the nineteenth century, Michigan was ready for them.

With the coming of Dr. Tappan the movement, already foreshadowed by the

Legislature in the very terms under which the University was organized,

gained a new impetus and effective guidance, and it was not long before

a remarkable series of constructive measures in the interest of higher

education began. Most of them have been mentioned elsewhere, but it may

not be amiss to suggest some of them once more; such as the emphasis on

modern science, with the parallel classical and scientific courses

within the academic department; the wide range of elections eventually

introduced; the early inauguration of professional and graduate schools;

the introduction of seminary and laboratory methods; the admission of

women; the diploma system of admission from the high schools; and the

recognition of the claims of special students.

Until within recent years also, the University had no marking system.

The students were merely "passed," "not passed," or "conditioned." This

undoubtedly stimulated interest in study and scholarship for its own

sake in the case of many students, though, in the absence of any of the

usual college honors it encouraged a certain level of mediocrity in

others. The change in the system and the introduction of the Phi Beta

Kappa Society and similar organizations after 1907 resulted in a marked

alteration in the attitude toward study and has undoubtedly raised

appreciably the general level of scholarship.

Thus, though the University throughout its whole history necessarily has

had to recognize the first claims of the students for instruction, often

of a somewhat elementary character, there have always been influences

which have kept the ideals of higher scholarship constantly in view. In

the older days the idea of research in its modern sense was hardly

understood; but as the atmosphere of European learning began to pervade

American academic life the double function of a true university came to

be more clearly recognized. Not only were facilities for research

developed, but the scientific spirit, which refused to accept the

limitations long established, and sought new truths, or new

interpretations of old principles, became the order of the day.

This was the ideal of Michigan's first President. But in his time the

need for less advanced work was too pressing, the foundations had to be

laid; though his efforts bore fruit long after he left, the victim in

part of his high ideals of scholarship. Even in his time, however,

certain steps were taken, aside from his effort to inaugurate true

graduate study, which had a vital bearing on the development of research

work in the future. These came through the establishment of the

Astronomical Observatory and the Chemical Laboratory. Dr. Brünnow, the

first Professor of Astronomy, came to Michigan inspired by a prospect of

scholarly leadership and the results of his investigations and those of

his pupil and successor, Professor Watson, gave to the University a

world-wide reputation among scholars. The same was true, though perhaps

to a lesser degree, of the Department of Chemistry, whose little

Laboratory, the first separate building for that purpose in America,

attracted advanced students from all quarters--the enrolment of special

students sometimes reaching seventy, of whom at least some were doing

work corresponding to the graduate courses of the present time. The

students of this department as a whole have had a profound influence

upon the development of the industrial and commercial resources of the

State.

With the succession of Dr. Haven to the Presidency, the emphasis was

thrown almost entirely on the immediate and practical problems of

general instruction. He was not a scholar in the modern sense, as was

Dr. Tappan, and the University's first requirement was fairly obvious.

But the higher function of the University was not forgotten by the

leading men of the Faculty. President Hutchins tells how he was drawn to

Michigan in 1867 from his hillside farm home in Vermont by the

reputation of Michigan's Faculty. He had become greatly dissatisfied

with the educational facilities offered in the East, though he did not

know exactly what he wanted to do. Just at this time his father returned

from a business trip in the West and reported that he had found the

right place for him in the University of Michigan. The young man

replied, "Oh, I know about Ann Arbor." The father was somewhat surprised

and asked how that happened. "Well," said Michigan's future President,

"I have noticed that the editor of the Virgil I study is Professor

Frieze, at Ann Arbor, and in Greek there is a Professor Boise; my French

textbooks are by Professor Fasquelle; while in mathematics my books are

by Professor Olney. It seems to me that must be a pretty good

university." So despite dire warning, from his grandmother as to the

dangers from the desperadoes of the West, to say nothing of the Indians,

he came to Michigan; drawn by the scholarly work of the men of that

early Faculty, as were hundreds of other students.

It will of course be suggested that this work on the part of the Faculty

was not "research" in the modern sense, though it was just as truly

"productive scholarship." And it was what was so regarded in those days.

Besides it was evident that the University was amply fulfilling one of

its great functions in laying the foundations for the present system of

higher education. The teachers of the secondary schools as well as the

colleges looked to these strong men for guidance and they found the

support they needed. Their books were the necessary basis for the

training of future scholars.

The gradual broadening of the University curriculum and its effect upon

graduate study has already been mentioned. There was one development,

however, which deserves special mention here. This was the inauguration

of the so-called "University System." President Tappan had laid down the

principle that a student should be able to study "what he pleases, and

to any extent he pleases," and gradually the University had made such a

course possible through the introduction of electives and the admission

of special students, a privilege that was greatly appreciated by many

students of mature years, who, after entering as special students, often

remained to take a degree. In 1882 there came a third step in the

removal of any fixed requirement as to the last two years of work. Such

students as elected to follow the new plan known as the "University

System," were permitted to select, subject to approval, the general

lines of study to be pursued during this period with a prescribed

examination at the end. This work was to be in charge of a committee

composed of the Professors in the subjects chosen, and was designed to

give the students the advantages of such specialization as was suitable,

as soon as practicable. The plan, however, did not prove popular, most

of the students preferring the credit system; but the scheme

"constituted for a time the constitutional basis of the Graduate School,

in so far as that School had any real existence." Probably the same

general purpose, as far as preparation for the professions was

concerned, was served at a later period by the combining of the literary

and medical, and later, the law courses, enabling the student to begin

his professional studies after his second year. Elsewhere such

specialization as seemed desirable was attained after 1901, through the

regular elections, when practically the whole curriculum was thrown open

to general election, subject of course to a certain sequence of courses.

The professional departments have had a marked influence upon the

University's standing as a center of learning. This is particularly true

of the Medical School, which naturally emphasized the value of scholarly

training and investigation from the first. It is probably not an

exaggeration to say that it was the impetus given by the Medical Faculty

which was responsible for the high reputation the University enjoyed

from the first, particularly in the sciences. To this fortunate

development the two recruits from the Literary Faculty, Dr. Sager, who

had been Professor of Botany and Zoölogy, and Dr. Douglas, who served as

Professor of Chemistry in both departments, contributed especially,

though the influence of the other members of the Medical Faculty, more

interested perhaps in the strictly professional aspects of their

work, cannot be overlooked. These men were alive to the value of

original investigation, their field offered too many opportunities to be

neglected by scholars of their caliber, and it was therefore in the

Medical School that the first research laboratories were developed. As

the numbers in the Medical Department and its prestige increased, this

influence grew, so that it may be said that for many years the strongest

impulse toward research and the highest scholarship, particularly in the

new fields of science, came from the men of the Medical Faculty. Nor has

this influence ever weakened, though the eventual establishment of

advanced courses and the recognition of research in all departments has

tended to make it less conspicuous than in the early days.

[Illustration: THE INTERIOR OF HILL AUDITORIUM]

[Illustration: INTERIOR OF THE MAIN READING ROOM IN THE NEW LIBRARY]

With the Law Department it was somewhat different. The old-fashioned

conception of the law as a formal body of doctrine, fixed and

unchangeable, tended in itself to limit original effort, though Judge

Cooley's great work, with its high scholarship and profound learning,

added greatly to the reputation of the University. Of recent years,

however, there has been a change in the attitude towards the teaching of

law. It has come to be recognized that our law is a changing and

developing force, and that the adaptation of fundamental legal

principles to the advancing demands of modern society, both through

legislation and through judicial decision, furnishes a field for

research and investigation which demands the highest type of scholarship

and training. The modern law student seeks the principles of his science

through a careful study of the cases themselves, and no longer accepts a

dogmatic statement of the law as laid down in textbook and lecture. This

change in the legal curriculum, which is little less than revolutionary,

is really based upon scholarship and research on the part of every

student, and is reflected in the preoccupation of every law student in

his work. Gone are the days when the Law Department was the resort of

those who could not succeed in the other departments.

In more practical and especially industrial fields the College of

Engineering has also contributed its share, though it was considered a

part of the Literary Department throughout all its early years. While

its aim is to train men in technical branches, the field of

investigation has been by no means neglected, even if the questions

studied have largely borne specifically upon such problems as railway

and steel construction, the functioning of various types of engines,

marine design, the various forms of the utilization of electrical

energy, and the many applications of science to industry undertaken by

the Department of Chemical Engineering. That this work has been

appreciated is evidenced by the increasing number of fellowships for

original research maintained by many private corporations, and by the

suggestion and tentative establishment in 1920 of a general Department

of Industrial Research maintained through co-operation by the

manufacturers of the State with the Faculty of the Engineering College.

It is specially stipulated that the results of whatever investigations

are made under these auspices are to be made public for the benefit of

the people of the State, irrespective of the source of income.

This developing spirit led to the formation of a Research Club which has

had a profound though quiet influence in the growth of scholarship in

the University. The Club meets at stated periods in the Histological

Laboratory in the Medical Building, a fact in itself significant of the

strong support the organization has always had from the Medical Faculty,

and ordinarily listens to two papers, contributed by members. The aim

is to present the problem under consideration clearly and with as little

emphasis as possible on its technical aspects, a purpose often more

successfully realized, according to some of the members, by the men who

have been especially successful in their particular fields. The

distinguishing mark of this organization is its general and inclusive

character; similar clubs elsewhere are more apt to emphasize certain

particular and related subjects, and to that extent fail to represent

effectively the united scholarly effort of the institution. Many of the

papers first read in the Research Club have formed the basis of reports

published subsequently in the proceedings of scientific bodies which

have attracted wide attention. Particularly noteworthy have been the

celebrations of the anniversaries of distinguished scholars and authors,

the significance of whose life and works has been emphasized in the

papers presented before the members. Similar in aim is the Junior

Research Club, whose membership is composed of the younger men of the

Faculties of the University.

With the reorganization of the Graduate School in 1912, there came a new

emphasis on the publication of works of scholarship by the University.

Within a short time several series of "University of Michigan Studies"

were established; and to these new volumes are continually being added,

which have contributed greatly to the University's place in the world of

learning. Though certain other universities, notably Harvard, Cornell,

and Chicago, had previously established similar series, Michigan has

been well to the fore among American universities in thus systematically

giving to the world in adequate form the results of certain aspects of

the work carried on within her walls. Particularly in certain cases she

has been peculiarly fortunate in the extraordinary value and

significance of the original material thus published.

The first series established was known as the "Humanistic Series,"

issued under the general editorial supervision of Professor Francis W.

Kelsey of the Department of Latin, who has been indefatigable in

securing material and funds for this work. The publications in the

present list of sixteen volumes include three on Roman history and

philology made up for the most part of monographs by various members of

the Faculty, or graduates of the University, two edited by Professor

Henry A. Sanders, and one by Professor C.L. Meader. Another volume deals

with "Word Formation in Provençal" and is by Professor Edward L. Adams.

Somewhat different in scope are two volumes on Greek vases, or

"Lekythoi," by Arthur Fairbanks, at one time Professor of Greek in the

University, and now Director of the Boston Museum of Fine Arts.

Five volumes in this series have dealt with various manuscripts and

objects of ancient art in the collections of the late Charles L. Freer

of Detroit. The two by Professor Sanders, dealing with four very early

biblical manuscripts, which include Deuteronomy and Joshua, the Psalms,

the four Gospels, and fragments of the Epistle of Paul, aroused

worldwide interest among scholars when they appeared, particularly as

they were accompanied by sumptuous volumes of photogravure fac-similes

prepared by Mr. Freer and distributed by the University to the leading

libraries throughout the world. As these manuscripts, which were

discovered in Egypt and are among the very earliest known, were thus

made available for study in a way heretofore almost unknown, the

University gained incalculably.

Other volumes in the series include descriptions of certain Coptic

manuscripts, documents from the Cairo Genizah, some Eastern Christian

paintings in the Freer collection, and a gold treasure found in Egypt.

Translations of ancient scientific and mathematical treatises by

Professors John G. Winter and L.C. Karpinski are also to be found in two

other volumes of this series, while certain studies in Roman Law and

administration by Professors A.E. Boak and J.H. Drake and a discussion

of "Greek Themes in Modern Musical Settings," by Professor A.A. Stanley,

bring the volumes issued down to the present time. Accompanying this

series are a number of Humanistic Papers, including a discussion and

symposium on the value of classical training in American education, and

a biography of Professor George S. Morris by Professor R.M. Wenley. Two

volumes in a scientific series have also appeared: "The Circulation and

Sleep," by Professor J.A. Shepard of the Department of Psychology, and

"Studies in Divergent Series and Summability," by Professor W.B. Ford of

the Department of Mathematics. Two volumes of the Publications of the

Astronomical Observatory, dealing with the spectroscopic investigations

for which the Observatory is now particularly well equipped, have also

appeared. Also to be noted are four numbers of a series of Publications

by the Physical Laboratory and seventy-two "Occasional Papers from the

Museum of Zoölogy," as well as four volumes in a "University of Michigan

Historical Series," including "A History of the Presidents' Cabinets,"

"The English Rule in Gascony, 1199-1259," "The Color Line in Ohio," and

"The Senate and Treaties (1789-1817)," (the last by Professor J.R.

Hayden), and two volumes in a series of Economic Studies. A "History of

the Chemical Laboratory," by Professor E.D. Campbell, should also be

mentioned.

From time to time there have been issued compilations of the

publications of members of the University Faculties. These have shown an

ever-increasing body of books, articles, and reviews which may be taken

as another concrete evidence of the activity of the members of the

Faculty in their various fields. The first two of these lists were

issued through the medium of a little informative sheet issued for the

University for some years by the Alumni Association, known as the

_News-Letter_. The data were far from complete but the published total

was not unimpressive. Later the University Library took up the work,

while the last two lists of this character were made by Dean A.H. Lloyd,

of the Graduate School, as regular University Bulletins. These cover the

period from July 1, 1909 to June 30, 1919 and include over one hundred

volumes exclusive of ordinary handbooks and textbooks. These two lists

give some 1,700 titles.

While it is impossible to mention even a small portion of the

publications of more than usual interest during the last fifteen years,

there are a few that may be mentioned as evidence of the influence of

the University in the world of letters and scholarships. These, omitting

numerous textbooks and aside from the volumes issued in the University

Humanistic Series and others, include, "The Acropolis at Athens,"

(1908), by Professor M.L. D'Ooge; "The Will to Doubt, an Essay in

Philosophy for the General Thinker," (1907), by Professor A.H. Lloyd; a

series of works on psychology by Professor W.B. Pillsbury, including

"Attention," (1908); "The Psychology of Reasoning," (1910); "The

Fundamentals of Psychology," (1916), and "The Psychology of Nationality

and Internationalism," (1919). Professor R.M. Wenley, head of the

Department of Philosophy has also written a number of books which

include, "Modern Thought and the Crisis in Belief," (1909); "Kant,"

(1910); "The Anarchist Ideal," (1913); and the "Life of George S.

Morris," (1917). Professor R.W. Sellars of the same Department has

written, "Critical Realism," (1916); "The Essentials of Logic," (1917);

"The Essentials of Philosophy," (1917); and "The Next Step in Religion,"

(1918), while Professor D.H. Parker is the author of two volumes

entitled "The Self and Nature," (1917), and "The Principles of

Æsthetics," (1920).

The Department of History includes on its Faculty a number of men whose

books have attracted more than a passing attention. Professor C.H. Van

Tyne has written among other books, including several textbooks, "The

Loyalists in the American Revolution," (1902), and "The American

Revolution," (1905); while others to be mentioned are Professor A.L.

Cross, whose "History of England and Greater Britain" appeared in 1914;

Professor U.B. Phillips, "The Life of Robert Toombs," (1913), and

"American Negro Slavery," (1918); and Professor E.R. Turner, "The Negro

in Pennsylvania," (1911), and "Ireland and England, in the Past and at

Present," (1919).

Professor Henry C. Adams has written a number of books on economics and

accounting, particularly "American Railway Accounting," (1918). It is

worthy of note that he spent two years in China installing a system of

railway accounting for the Chinese government. Other volumes which

should be noted are: "Social Problems," (1918), by Professor Charles H.

Cooley; "Characteristics of Existing Glaciers," (1911), and "Earth

Features and their Meaning," (1912), by Professor William H. Hobbs;

"The Hindu-Arabic Numerals," (1911), by Professor L.C. Karpinski, and

the "Catalogue of the Stearns Collection of Musical Instruments,"

(1919), prepared by Professor A.A. Stanley.

By far the greater portion of the publications of the Medical Faculty

take the form of monographs, articles, and reports in the various

monographic series and medical publications--Dr. Vaughan lists 73 such

items in the years between 1909 and 1918. In the Law School several

books on different subjects have been issued by members of the present

Faculty including Professors R.W. Aigler, Evans Holbrook, E.N. Durfee,

E.C. Goddard, and E.R. Sunderland. Particularly to be noted is "The

History of Contract in Early English Equity," (1914), by the late

Professor Willard T. Barbour.

Most of the books issued by the members of the Engineering Faculty have

been primarily textbooks, though many of them have been based upon

extended investigations in the subjects presented. Two volumes by

Professor Fiske Kimball, formerly of the Department of Architecture,

"Thomas Jefferson, Architect," (1916), and a "History of Architecture,"

(1917), are especially noteworthy, however.

Some of the results of the scientific investigations made by members of

the Faculties are published in the form of reports issued by the

Government or State, or by various scientific bodies. Thus we have

several volumes of reports issued by Professor E.C. Case on the results

of his work in the fossil beds of the Southwest, under the auspices of

the Carnegie Institution; several statistical reports, the work of

Professor James W. Glover, including "Highway Bonds," U.S. Department of

Agriculture, 1915, and "U.S. Life Tables," (1910) (1916), issued by the

Department of Agriculture; a "Biological Survey of the Sand Dune Region

of Saginaw Bay," by Professor Alexander Ruthven, (1910), issued by the

Michigan Geological and Biological Survey, and a number of extended

reports on the valuation of public service corporations, by Dean M.E.

Cooley and Professor H.E. Riggs, in the Transactions of the American

Societies of Civil Engineers, and various other bodies.

As has been suggested a great portion of the scientific investigations

of the members of the Faculty of the University is reported in the form

of monographs and briefer articles in various journals and special

publications, and for this reason the names of many men of national and

even international repute do not appear in the lists of those who have

published books. Many of their publications also have taken the form of

textbooks, some of them exceedingly important, but the list is so long

that it would be impossible to do justice to all in a short survey.

Of the men in the Literary College whose reports and articles are given

in the recent Bibliography a few may properly be mentioned. Thus the

work of Professor Moses Gomberg, whose researches in the chemistry of

triphenylmethyl won for him in 1914 the prize from the New York branch

of the American Chemical Society for the most distinguished work of the

year, has been given to the world since 1909 in the form of relatively

short papers, some eighteen in all. Professor E.D. Campbell, in addition

to the "History of the Chemical Laboratory of the University," has

reported his investigations, largely in the chemical composition of

steels, in eighteen papers. Professor William J. Hussey and Professor

Ralph H. Curtiss have published respectively fourteen and seventeen

papers, though many of them have been included in the 'publications' of

the Observatory. Professor Hussey has also made a number of reports in

Spanish of his work in the observatory at the South American University

of La Plata. Other members of the Literary Faculty whose total

publications might be mentioned are Professor E.C. Case, of the

Departments of Geology and Paleontology, seventeen; Professor A.F.

Shull, Zoölogy, twenty-two; Professor William H. Hobbs, Geology,

twenty-six; Professor A.H. Lloyd, Philosophy, twenty-one; Professor Fred

Newton Scott, Rhetoric, fifteen; and Professor H.H. Bartlett, Botany,

thirty-one.

Almost every member of the Medical Faculty has made many contributions

to various medical journals. The University Bibliography includes twelve

papers by Professor A.M. Barrett, eighteen by Professor C.D. Camp,

eighteen by Professor D.M. Cowie, fifteen by Professor G. Carl Huber,

eighteen by Professor F.G. Novy, twenty-two by Professor Reuben

Peterson, twenty-six by Professor U.J. Wile, and thirty-nine by

Professor A.S. Warthin.

In the Law School Dean Henry M. Bates is represented by eleven papers

and Professor Ralph W. Aigler by twenty-six.

The Dental College is represented by nineteen papers by Professor

Russell W. Bunting and eleven by Professor C.J. Lyons, while the

Homeopathic Medical School shows three books and eighteen articles by

Professor W.A. Dewey.

During the late war the abilities of such members of the Faculty as were

not in active service and the facilities of the University laboratories

for research were employed widely by the Government. The Faculty of the

Department of Chemical Engineering entered government service almost to

a man and an entirely new teaching force had to be secured. Many

technical questions, including those connected with poison gas warfare

and the development of the government nitrate plants, whose erection was

under the charge of Professor A.H. White, as Lieutenant-Colonel in the

Army, were investigated in the Chemical Laboratories. The Department of

Physics carried on extended researches in co-operation with the Bureau

of Standards in Washington. Many special problems were investigated in

the Medical Laboratories, as in the Department of Anatomy, where a study

of the repair of peripheral nerves after severance was instituted by Dr.

G. Carl Huber, first under the National Research Council, later under

the office of the Surgeon General, which sent several medical officers

to the University for purposes of instruction and to assist him. Dr.

Stacey R. Guild, instructor in Anatomy, also made some valuable

experiments in war deafness. Special investigations were carried on in

the Bacteriological Laboratories under Dr. Novy, in the Pathological

Laboratory under Dr. Warthin, and in the Psychopathic Hospital, where

Dr. Barrett, while training successive increments of medical officers

every six weeks, carried on special investigations in mental disorders

arising from the war.

As was to be expected the technical training of the professional staff

of the Engineering College and the resources of the laboratories were

employed extensively by the Government. This was particularly true of

the Department of Marine Engineering, where Professor H.C. Sadler

studied the important problem of standardized types of ships, until he

became Head of the Bureau of Design with the Shipping Board, when his

work in the Naval Tank was carried on by Professor E.M. Bragg.

It cannot be claimed of course that this record in scientific inquiry

and advanced scholarship will equal what has been done in certain other

universities, whose riper traditions and great endowments have enabled

them to carry on special investigations, establish research

professorships and support publications, which have thus far proved

impossible for a state institution, whose first obligation rests in its

relations with the people of the commonwealth. Nevertheless Michigan has

been happy in this, as in so many other respects. The liberality and

sympathetic understanding of the public opinion upon which the success

of the University rests fundamentally, have enabled it to develop

scholarly ideals and a recognition of true scholarship which have given

Michigan a high rank among American universities.

This fortunate and early recognition of the highest mission of the

University was made possible only through co-operation on the part of

the Regents, who, as the governing body, have been able on the one side

to encourage scholarly ideals in spite of the occasional lack of

appreciation of the University's aims on the part of some individual

members of the Board, and, on the other, to secure and preserve the

University's freedom, threatened by the efforts of the State Legislature

to interfere with its affairs. This relationship of the Regents to the

maintenance of the University, and to the State, has had a very

important effect upon the development of higher learning and research

and may therefore properly be outlined at some length in this place.

The University has been truly fortunate for the most part in the men who

have composed the governing body. There have been times, it is true,

when relations between the Regents and the Faculties have been far from

ideal, but it is no less true that the history of the past eighty years

will show a remarkable spirit of co-operation and harmony between the

two bodies. Otherwise the University could not have become what it is.

While the Regents for the most part have not been men primarily

interested, or trained, in educational matters, they have taken their

duties seriously and have been unselfish in their service for the

institution, with no reward for their labors save the honor inherent in

their office. They have sought earnestly to understand the problems

before them, and, in whatever measures they took, to keep always before

them the welfare of the University as a whole. With the ever increasing

numbers enrolling as students and the consequent well-nigh irresistible

pressure for elementary and the so-called "practical" courses, they have

been strong enough and wise enough, and sufficiently sympathetic with

the scholarly preoccupations of the leaders of the constantly growing

Faculties, to maintain and encourage the higher aims of the University

as a center of learning. It is true that the Board is sometimes

criticized for taking upon itself functions which might with propriety

rest with the Faculties and their administrative officers, but there is

at least a legal justification for this in the legislative provisions

upon which the powers of the Board of Regents rest. Thus in the Act of

March 18, 1837, the Regents are empowered to "enact laws for the

government of the University," and to appoint the professors and tutors

and fix their salaries. The number of professorships was specified and

fixed at thirteen; though it was provided in the first organization

that;

the Regents shall so arrange the professorships as to appoint such

a number only as the wants of the institution shall require; and to

increase them from time to time, as the income from the fund shall

warrant, and the public interests demand; _Provided, always_, That

no new professorship shall be established without the consent of

the Legislature.

The immediate government of the several departments was to rest with

their respective Faculties, but;

the Regents shall have power to regulate the course of instruction,

and prescribe, under the advice of the professorship, the books and

authorities to be used--and also to confer such degrees and grant

such diplomas as are usually conferred and granted in other

universities.

The Regents were also to have the power of removing "any professor or

tutor, or other officer connected with the institution, when in their

judgment the interests of the University shall require it." This

specification of the powers and duties of the Regents was repeated with

some modifications in the Act of April 8, 1851, which followed the

revision of the Constitution of 1850. The Constitution itself merely

stated that the Regents "shall have the general supervision of the

University and the direction and control of all expenditures from the

University interest fund."

These are the general provisions upon which the relations between the

Regents and the university body are based. In practice the Faculty has

come to have a greater degree of autonomy in certain directions than

might be suggested by a strict interpretation of these measures, while

in most cases the "advice of the professorship" is sought and followed

readily and sympathetically in so far as is warranted by the financial

situation, as it appears to the Board.

The University Faculties are organized first by Departments, with one

member as head; the Schools and Colleges are also organized under the

separate Deans to carry on their own work, while the general

organization of the whole Faculty rests in the University Senate,

composed of all members of professorial rank, including Assistant

Professors. In addition there is a smaller body, known as the Senate

Council, composed of the Deans and one other representative of the

different Schools and Colleges as well as the President, a secretary,

and the chairman of the Committee on Student affairs. To this body are

referred many questions of importance for immediate action or reference

to the Regents.

The independent position of the Board of Regents as the governing body

of the University has not gone unquestioned by the other divisions of

the state government, and a series of decisions and judicial

interpretations of the constitutional and legislative acts regarding the

University have been necessary to establish the powers of the Regents as

a separate branch of the state administration. Fortunately for the

University these are now well recognized.

The first decision arose through the efforts of the Legislature to

compel the Regents to establish a Professorship of Homeopathy in the

University, and a _mandamus_ action was brought in 1865 to compel the

University to carry out the provisions of a clause to that effect,

inserted in the Organic Act of the University in the years before. This

was unsuccessful, though not on the ground that the act was

unconstitutional but because one Elijah Drake, who brought the action,

was not connected with the University and was not, therefore, privileged

to sue for the writ. The question was brought up again in 1867, this

time by the Regents, who sought to secure the payment of the $15,000

granted to the University upon condition that they establish a

Professorship of Homeopathy, by authorizing a School of Homeopathy in

Detroit. Again the Court failed to grant the request. Two years later

the question came up once more in its first form, in an effort to compel

the Regents to establish the proposed Department. The Regents argued;

If the Legislature could require the appointment of one professor,

it could require the appointment of another, or any number of

others. If it could say what professorships should exist, it could

say what professorships should not exist, and who should fill

professors' chairs; moreover, if it could regulate the internal

affairs of the University in this regard, it could do so in others,

and thus the supervision, direction and control which the

Constitution vested in the Regents would be at an end.... Either

the Legislature had no power of the kind, or it had unlimited

power; either the Regents were the representatives of the people

who elected them, or they were servants of the Legislature.[2]

[Footnote 2: From Hinsdale, _History of the University of Michigan_, p.

143.]

Again, however, there was no decision; the constitutional status of the

University was undecided. But in 1892 a decision did establish that the

people of the State, in incorporating the University, had, by their

Constitution, conferred the entire control and management of its

property upon the Regents, and had thereby excluded all departments of

the state government from any interference with it. The property of the

University was state property it is true, but it could only be

administered by the Board of Regents as a separate division of the State

administration.

Finally in 1895 it was definitely decided that the Legislature had no

constitutional right to interfere in or dictate as to the management of

the University. The question was once more the Homeopathic issue, which

took the form of a legislative action to compel the Regents to remove

the School to Detroit. This time the Regents reversed their earlier

policy and the measure was stoutly resisted by the Board. Judge

Claudius B. Grant, '59, in delivering the opinion of the Supreme Court,

laid down the principles now accepted as governing the relations of the

University and the Legislature. The Board of Regents, he maintained, was

the only corporation whose powers were defined in the State

Constitution, whereas in the case of every other corporation established

by the Constitution it was provided that its powers should be defined by

law. "No other conclusion was, in his judgment, possible than that the

intention was to place the institution in the direct and exclusive

control of the people themselves, through a constitutional body elected

by them." Otherwise the Regents would become merely "ministerial

officers" with no other duties than to register the will of the

Legislature.

The independent status of the University has also been more firmly

established in late years by other legislative enactments and decisions.

As early as 1863 it was recognized that the Regents had power to hold

and convey real estate, though they had no authority over the land

granted by Congress for the support of the University, nor over the

principal of the fund established through the sale of that land. In 1890

such property was declared exempt from taxation, and in 1893 the Board

of Regents was declared to be alone responsible under contracts made by

it for the benefit of the University. In the new Constitution of 1908

the Regents were given the right of eminent domain, and on a number of

occasions since that time have been able to acquire "private property

for the use of the University in the manner prescribed by law." It is

difficult to see how the growth of the University during the past twelve

years with its constantly expanding building program could have taken

place without this salutary check upon the exorbitant demands of

property owners in the neighborhood of the Campus.

This financial autonomy of the Regents, once an appropriation is made by

the Legislature, has not gone unquestioned, however, particularly by the

Auditor-General. The University fund from early years has been borrowed

by the State which until 1896 paid the original interest rate of seven

percent. The Auditor-General then decided that the legal rate of six

percent should be enforced. The matter was laid before the Supreme

Court, however, and the old rate was restored. In 1900 it was definitely

ruled by the Attorney-General that "the Auditor-General has no authority

to refuse to audit and pay vouchers for real estate purchased by the

Board of Regents," and subsequently in 1911, the Supreme Court

maintained that the "judgment of the Regents as to the legality and

expediency of expenditures for the use and maintenance of the

institution" could not be considered "subordinate to that of the

Auditor-General."

The powers of the Regents have also been strengthened by other rulings

of the Attorney-Generals of the State. Thus in 1900 the power of the

Regents to determine student fees was declared not subject to

legislative control, while in 1911 the same freedom in the matter of the

determination of entrance requirements was conceded. The Board was also

declared in 1908 free from the application of an act of the previous

year providing for the approval and regulation of salaries in the

various state institutions.

The University has thus been as fortunate in the development of its

relations with the State as it has been in its internal growth. Though

there have been many critical times, the movement has always been

forward. The Regents have been careful and conservative in their

relations with the Legislature, but they have insisted upon the

independence of the University and have been sustained in this position

with increasing firmness by the Supreme Court. The Legislature has shown

an ever-increasing friendliness toward the University and has never

refused to come to the aid of the institution, whatever its views as to

the constitutional questions involved in the establishment of the

University. This was shown as never before by the 1919 Legislature,

which not only granted to the University appropriations amounting to

$2,200,000, but gave it by the unanimous vote of both houses, a thing

which had never happened before. The Legislature even included one item

for which the officers of the University had hardly dared hope to have

favorable action at that session.

With its constitutional status so well established; with the Legislature

so ready to co-operate in furthering the best interests of the

University, with its curriculum continually expanding, though wisely and

not too rapidly, and with an ever-increasing emphasis on the highest

ideals of scholarship and service, there is every promise for a future

of greater usefulness and effective service for the University. We, who

love the University of Michigan for what it has accomplished, for what

it is, and for what it may become, may well look for a development

through the coming years that shall be a fitting continuation of the

remarkable success of the great experiment involved in its

establishment.

The University of Michigan · 第 8 / 14 章