State of Wyoming Ex Rel Wyoming Agricultural College Matt Borland v. William Irvine

Citation206 U.S. 278,51 L.Ed. 1063,27 S.Ct. 613
Decision Date13 May 1907
Docket NumberNo. 272,272
PartiesSTATE OF WYOMING EX REL. WYOMING AGRICULTURAL COLLEGE and MATT BORLAND et al., Plffs. in Err., v. WILLIAM C. IRVINE, as Treasurer of the State of Wyoming
CourtUnited States Supreme Court

The plaintiff in error the state of Wyoming, on the relation of the Wyoming Agricultural College and its officers, filed a petition in the supreme court of that state for a writ of mandamus against the defendant in error, the state treasurer. The object of the proceeding was to compel the state treasurer to pay to the treasurer of the college certain funds in his hands, being the proceeds of land grants and the amount of appropriations made by Congress for the promotion of education in agricultural and mechanical arts. An alternative writ issued, and the respondent appeared and demurred to the petition. The cause was then heard by the supreme court of Wyoming, and by that court the demurrer, which was regarded by court and counsel as sufficiently raising the merits of the controversy, was sustained and judgment rendered for the respondent. The case comes here upon writ of error, with allegations of violations of Federal rights, which, so far as material to the decision, are stated in the opinion.

Messrs. Porter B. Coolidge, Fenimore Chatterton Samuel T. Corn, and A. E. L. Leckie for plaintiffs in error.

[Argument of Counsel from pages 279-280 intentionally omitted] Messrs. Timothy F. Burke, W. E. Mullen, Nellis Corthell, Charles W. Burdick, and John W. Lacey for defendant in error.

[Argument of Counsel from pages 280-281 intentionally omitted] Mr. Justice Moody delivered the opinion of the court:

The Wyoming Agricultural College was established by an act of the legislature of that state. Wyo. Sess. Laws 1890, 1891, chap. 92. It was declared to be 'a state public educational institution,' with the object of giving to men and women, without regard to color, 'a liberal education and a thorough knowledge of such arts and sciences as will aid in the prosecution of agricultural pursuits, with their varied applications.'

The University of Wyoming was established by the territory with the declared object of providing education for both sexes in 'the different branches of literature, the arts and sciences, with their varied applications.' The Constitution of the state of Wyoming confirmed the establishment of the university and declared it to be the university of the state of Wyoming. The first session of the state legislature enacted a law declaring more fully the objects of the university, which provided, among other things, that it should be open to both sexes, regardless of race or color, and should 'embrace colleges or departments of letters, of science, and of the arts. . . . The college, or the department of the arts, shall embrace courses of instruction in the practical and fine arts, especially in the application of science to the arts of mining and metallurgy, mechanics, engineering, architecture, agriculture, and commerce, together with instruction in military tactics.'

Land grants and appropriations, which presently will be described in detail, have been made by Congress for the support of education in the state, and the state, acting through its legislature, has accepted the appropriations under the conditions prescribed in the acts of Congress, and has appropriated these national bounties to the support of the university. The agricultural college claimed that, under the acts of Congress bestowing these gifts, it is entitled to them, and the denial of the supreme court of the state of this claim raises the Federal question first to be considered.

By the act of July 2, 1862 (12 Stat. at L. 503, chap. 130), amended by act of March 3, 1883 (22 Stat. at L. 484, chap. 102, U. S. Comp. Stat. 1901, p. 3212), Congress 'granted to the several states, for the purposes hereinafter mentioned,' certain quantities of the public lands, or, under certain conditions, in lieu thereof land scrip. The entire proceeds of the sale of the...

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21 cases
  • Knight v. State of Ala., CV 83-M-1676-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • December 30, 1991
    ...right of action under the Morrill Act of 1890, and that Act does not confer rights upon AAMU. See, Wyoming Agricultural College v. Irvine, 206 U.S. 278, 27 S.Ct. 613, 51 L.Ed. 1063 (1907); Brown Univ. v. Rhode Island College of Agric. & Mechanic Arts, 56 F. 55 (Cir.Ct., The constructive tru......
  • Ross v. Trustees of University
    • United States
    • United States State Supreme Court of Wyoming
    • January 8, 1924
    ...with the duty of devoting them to the purpose expressed in the grant. State vs. Irvine, 14 Wyo. 318, 84 P. 90, affirmed 206 U.S. 278; 27 S.Ct. 613; 51 L.Ed. 1063; Alabama vs. Schmidt, 232 U.S. 168, 34 S.Ct. 301; L.Ed. 555; Hjorth Royalty Co. vs. Trustees of University of Wyo., (Wyo.) 222 P.......
  • Heaton v. Bristol
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • October 2, 1958
    ...act are to the respective states and not to any institution established by the state. See State of Wyoming ex rel. Wyoming Agricultural College v. Irvine, 206 U.S. 278, 27 S.Ct. 613, 51 L.Ed. 1063. See also Hamilton v. Regents of the University of California, 293 U.S. 245, 55 S.Ct. 197, 79 ......
  • MacDougall v. Board of Land Com'rs. of State, 1911
    • United States
    • United States State Supreme Court of Wyoming
    • October 1, 1935
    ...... BOARD OF LAND COM'RS. OF STATE OF WYOMING, ET AL No. 1911 Supreme Court of Wyoming October ...122; State v. Irvine, 206 U.S. 278; Ross v. Trustees, (Wyo.) . 228 ......
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