dividual * * * * should have conveyed * * * * land to these Regents *** *I can see no possible ground to doubt their power to take and hold the property, or to accept and execute the trust by a sale of the land for such purpose."Christiancy, J.: Manning, J. dissented. The People ex rel. the Regents of the University Mich. R., XVII, p. 161 (1868) Application for mandamus to compel payment of $3,000 (under the law of March 15, 1867), appropriated by the regents, out of the mill-tax, by resolution to establish a school of homeopathy (not in Ann Arbor). SCHOOL OF HOMEOPATHY. Christiancy, J., expressed the opinion that the University having been located at Ann Arbor by the Act of 1837, however desirable it may be to establish a department or professorship elsewhere, a legislative permission to that effect must first be obtained. Further, "The mere power of 'supervision' given by the constitution, whether subject to, or independent of, legislative control, should not, I think, be confounded with the power to create or establish a university, or to change its location, in whole or in part, as previously fixed by the legislature and recognized by the constitution." Campbell, J., says: "It seems to me that the laws locating the university upon a specified tract of land, were not designed to localize all of its educational operations, but simply to make that the great centre * * * * while many functions may be performed elsewhere." Court divided. Writ not granted. CO-EDUCATION. April 5, 1869. By concurrent resolution the Legislature of Michigan requested the Board of Regents to make provision for the instruction of women at the University, which was done in 1870. (Laws of Mich., 1869, C. R. No. 7, p. 436.) The People vs. The Regents of the University PROFESSOR OF Mich. R., XVIII, p. 468 (1869) Application for mandamus to compel appointment of a professor of homeopathy. Writ not granted, the court being equally divided upon the question whether the legislature had power under the constitution to exercise any such control over the regents, who are vested with the "general supervision of the university, and the direction and control of all expenditures from the university interest fund." The People on the Relation of the Attorney-General PROFESSORS OF no order made. GENTS MAY TAKE Mich. R., XXX, p. 473 (1874-5) Application for mandamus to compel appointment * * * * of two professors of homeopathy. Court divided as above, and March 26, 1895. The Regents may take by BOARD OF RE- gift, devise or bequest, and hold in perpetuity any land or other property in trust for any purpose not inconsistent with the objects and purposes of the University. (P. AND HOLD LAND IN TRUST. A., 1895, No. 36, p. 124.) Henry H. Alpin, Auditor-General, vs. The Regents PROPERTY HELD BY BOARD OF RE GENTS EXEMPT FROM TAXATION. Mich. R., 83, P. 467 (1890) Petition for sale of lands delinquent for taxes. The body corporate, which was at first the creation of the legislative will, has re(Cf. infra, p. 41) ceived the sanction of the Constitution, and has become a part of the fundamental law, and in some respects is not subject to legislative control or interference. It is not, however, independent of, but is part of, the State, a department to which the education of the people in the higher branches of literature, science, and the arts is confided **** The property held by the Regents of the University of Michigan in their corporate capacity is the public property of the State held by the corporation in trust for the purposes to which it was devoted, and is exempt from taxation under the first sub-division of Section 3 of Act No. 153, Laws of 1885, which provides that all public property belonging to this State shall be exempt from taxation **** The Legislature is not the State, but only a department of the State. Champlin, C. J. Julius Weinberg vs. The Regents of the University BOARD OF RE- RESPONSIBLE Mich. R., 97, p. 246 (1893) Suit to enforce payment of labor and material claims. The public corporation in whose behalf the contract is made cannot be made liable TRACTS MADE BY under this statute (3 How. Stat., § 8411a) but only the officers or agents to whom is committed the duty of letting contracts for the erection of public buildings or making IT FOR BENEFIT OF THE of public improvements. The grounds, buildings and other property of all the other State institutions (than the University and others under the Constitution) belong to the State. These institutions are the creations of the Legislature. * * * * The Regents make no contracts on behalf of the State, but solely on behalf of and for the benefit of the University. * * * * Under the Constitution the State cannot control the action of the Regents, nor can it add to or take away from the property of the University without the consent of the Regents. In making appropriations for its support, the Legislature may attach any conditions it may deem expedient and wise, and the Regents cannot receive the appropriation without complying with the conditions. **** Property * * * * donated to the University by private individuals **** is not under the control of the State when it acts through its executive or legislative departments, but of the Regents, who are directly responsible to the people for the execution of their trust. So, when the State appropriates money to the University, it passes to the Regents, and becomes the property of the University, to be expended under the exclusive direction of the Regents, and passes beyond the control of the State through its legislative department. **** But the people, who are the corporators of this institution of learning, have, by their Constitution, conferred the entire control and management of its affairs and property upon the corporation designated as "the Regents of the University of Michigan," and have thereby excluded all departments of the State government from any interference therewith. *** The people may, by their constitution, place any of its institutions or property beyond the control of the Legislature. Grant, J. RATE OF INTER- May 11, 1895. An Act to require the Regents to deliver moneys or property to be converted into money, to the State Treasurer, on which the latter is to credit the University with four per cent. (P. A., 1895, No. 140, p. 273.) Regents of the University of Michigan vs. Auditor-General INTEREST PAY- Application for mandamus granted, and the ABLE BY AUDITOR Auditor General was compelled to pay interest on the "university fund" at the rate of seven per cent. GENERAL TO UNI- HOMEOPATHIC COLLEGE AT DE TROIT TO RE PLACE THAT AT ANN ARBOR. June 3, 1895. The Regents were authorized and directed to establish a homeopathic College in the city of Detroit, and to discontinue the existing homeopathic medical college at Ann Arbor; under certain conditions $25,000 was appropriated for the pur pose. (P. A., 1895, No. 257, p. 554.) Sterling vs. Regents of University of Michigan HOMEOPATHIC MEDICAL COLLEGE, DETROIT vs. ANN ARBOR. Mich. R., 110, p. 369 (July 28, 1896) Application for mandamus to compel the Regents to discontinue the homeopathic medical college at Ann Arbor and to re-establish it at Detroit. The power to control expenditures from the University interest fund cannot be exercised directly or indirectly by the legislature. The Board of Regents is the only corporation provided for in the Constitution whose powers are defined therein. In every other corporation provided for in the Constitution it is expressly provided that its powers shall be such as the legislature shall give. Writ denied. Grant, J. ANALYSES. March 26, 1897. To prevent disease and epidemics the regents shall cause a correct. analysis of water and a report thereon, to be made and sent to officials of any city, village or township in this state-of samples supplied by such officials. Record to be kept, and actual cost to be repaid. (P. A., 1897, No. 43, p. 47.) PROPERTY SUB- May 26, 1899. The Regents empowered to receive money or other property subject to a life interest by the donor, not subject to the provisos of Act No. 140 of the Public Acts of 1895, unless so agreed by the donors and the Regents. (P. A., 1899, No. 86, p. 126.) TEACHERS' CERTIFICATES. June 16, 1903. Regents empowered to grant teachers' certificates, under certain conditions. (P. A., 1903, No. 213, p. 316.) May 1, 1905. Regents, among others, auREGULATIONS FOR thorized to make and prescribe rules and regulations for the care, preservation and protection of buildings, etc., for the maintenance of good order, etc.; and to cause punishment, etc. Authority given to make complaint in court. It is the duty of said boards to have all rules, etc., CARE, ETC. OF UNIVERSITY |