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Second
Morrill Act
Act
of 1890 Providing for the Further Endowment and Support Of
Colleges of Agriculture and Mechanic Arts
An act
to apply a portion of the proceeds of the public lands
to the more complete endowment and support of the colleges
for the benefit of agriculture and the mechanic arts established
under the provisions of an act of Congress approved July
second, eighteen hundred and sixty-two
Be it enacted by the Senate and House of Representatives of the United State
of America in Congress assembled, That there shall be, and hereby is, annually
appropriated, out of any money in the Treasury not otherwise approvided, to
each State and Territory for the more complete endowment and maintenance of
colleges for the benefit of agriculture and the mechanic arts now established,
or which may be hereafter established, in accordance with an act of Congress
approved July second, eighteen hundred and sixty-two, the sum of fifteen thousand
dollars for the year ending June thirtieth, eighteen hundred and ninety, and
an annual increase of the amount of such appropriation thereafter for ten years
by an additional sum of one thousand dollars over the preceding year, and the
annual amount of be paid thereafter to each State and Territory shall be twenty-five
thousand dollars to be applied only to instruction in agriculture, the mechanic
arts, the English language and the various branches of mathematical, physical,
natural, and economic science, with special reference to their applications
in the industries of life, and to facilities for such instruction:
Provided,
That no money shall be paid out under this act to any State
or Territory for the support and maintenance of a college
where a distinction of race or color is made in the admission
of students, but the establishment and maintenance of such
colleges separately for white and colored students shall
be held to be a compliance with the provisions of this
act if the funds received in such State or Territory be
equitably divided as hereinafter set forth:
Provided, That in any State in which there has been one college established
in pursuance of the act of July second, eighteen hundred and sixty-two, and
also in which an educational institution of like character has been established,
or may be hereafter established, and is now aided by such a state from its
own revenue, for the education of colored students in agriculture and the mechanic
arts, however named or styled, or whether or not it has received money heretofore
under the act to which this act is an amendment, the legislature of such a
State may propose and report to the Secretary of the Interior a just and equitable
division of the fund to be received under this act between one college for
white students and one institution for colored students established as aforesaid,
which shall be divided into two parts and paid accordingly, and thereupon such
institution for colored students shall be entitled to the benefits of this
act and subject to its provisions, as much as it would have been if it had
been included under the act of eighteen hundred and sixty-two, and the fulfillment
of the foregoing provisions shall be taken as a compliance with the provision
in reference to separate colleges for white and colored students.
That
the sums hereby appropriated to the States and Territories
for the further endowment and support of colleges shall
be annually paid on or before the thirty-first of July
of each year, by the Secretary of the Treasury, upon the
warrant of the Secretary of the Interior, out of the Treasury
of the United States, to the State or Territorial treasurer,
or to such officer as shall be designated by the laws of
such State or Territory to receive the same, who shall,
upon the order of the trustees of the college, or the institution
for the colored students, immediately pay over said sums
to the treasurers of the respective colleges or other institutions
entitled to receive the same, and such treasurers shall
be required to report to the Secretary of Agriculture and
to the Secretary of the Interior, on or before the first
day of September of each year, a detailed statement of
the amount so received and of its disbursement. The grants
of moneys authorized by this act are made subject to the
legislative assent of the several States and Territories
to the purpose of said grants:
Provided, That payments of such installments of the apportion herein made as
shall become due to any State before the adjournment of the regular session
of legislature meeting next after the passage of this act shall be made upon
the assent of the governor thereof, duly certified to the Secretary of the
Treasury.
That if any portion of the moneys received by the designated officer of the
State or Territory for the further and more complete endowment, support, and
maintenance of colleges, or of institutions for colored students, as provided
in this act, shall, by any action or contingency, be diminished or lost, or
be misapplied, it shall be replaced by the State or Territory to which it belongs,
and until so replaced no subsequent appropriation shall be apportioned or paid
to such State or Territory; and no portion of said moneys shall be applied,
directly or indirectly, under any pretense whatever, to the purchase, erection,
preservation, or repair of any building or buildings. An annual report by the
president of each of said colleges shall be made to the Secretary of Agriculture,
as well as to the Secretary of the Interior, regarding the condition and progress
of each college, including statistical information in relation to its receipts
and expenditures, its library, the number of its students and professors, and
also as to any improvements and experiments made under the direction of any
experiment stations attached to said colleges, with their cost and results,
and such other industrial and economical statistics as may be regarded as useful,
one copy of which shall be transmitted by mail free to all other colleges further
endowed under this act.
That on or before the first day of July in each year, after the passage of
this act, the Secretary of the Interior shall ascertain and certify to the
Secretary of the Treasury as to each State and Territory whether it is entitled
to receive its share of the annual appropriation for colleges, or of institutions
for colored students, under this act, and the amount which thereupon each is
entitled, respectively, to receive. If the Secretary of the Interior shall
withhold a certificate from any State or Territory of its appropriation the
facts and reasons therefor shall be reported to the President, and the amount
involved shall be kept separate in the Treasury until the close of the next
Congress, in order that the State or Territory may, if it should so desire,
appeal to Congress from the determination of the Secretary of the Interior.
If the next Congress shall not direct such sum to be paid it shall be covered
into the Treasury. And the Secretary of the Interior is hereby charged with
the proper administration of this law.
That the Secretary of the Interior shall annually report to Congress the disbursements
which have been made in all the States and Territories, and also whether the
appropriation of any State or Territory has been withheld, and if so, the reasons
therefor.
Congress may at any time amend, suspend, or repeal any or all of the provisions
of this act.
Approved, August 30, 1890 (26 Stat. 417).
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