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Creating a Fourth Branch of State Government: The University of California and the Constitutional Convention of 1879
Published online by Cambridge University Press: 24 February 2017
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The state constitutional convention of 1879 significantly changed the status of California's land-grant university. Throughout the 1870s, farmers and labor groups accused the university's Board of Regents with mismanagement of federal land grants, corruption, and a failure to establish agriculture, mining, and mechanical arts programs as outlined in the federal Morrill Act and statutory provisions within the state's 1868 Organic Act. During a tumultuous decade in California history, many saw the new University of California as serving the interests of the upper classes, focusing on classical “gentlemanly training” and replicating the Yankee private institutions of the East. The detractors of the university demanded that, as an instrument of social and economic development, the university primarily serve the training and research needs of agriculture and industry, the stated “leading objective” of the institution under statutory law.
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References
1 Gregory, Bion M. (Legislative Counsel of California) to State Senator Mello, Henry J., 6 Jan. 1989, California Postsecondary Education Commission Library; Constitution of the State of California (1879), art. 9, sec. 9; Joint Committee on Legislative Organization, Constitution Revision Commission, “Article IX, Education: Background Study,” Jan. 1969, 16–19, University of California, Santa Barbara Archives.Google Scholar
2 Cleland, Robert Glass, introduction in a special Huntington Library edition of the Constitution of the State of California. 1849 (San Marino, 1949).Google Scholar
3 Delegates of the 1849 Constitutional Convention, “Address to the People of California,” in Constitution of 1849 ; Hansen, Woodrow James, The Search for Authority in California (Oakland, 1960), 88. To speed up the efforts of the delegates, Representative Halleck, H. W. noted the need to review and borrow from “the constitution of every state in the Union.” Ross Browne, J., Report of the Debates in the Convention of California on the Formation of the State Constitution, in September and October, 1849 (Washington, D.C., 1850) 25, 27, 36, 40, 231; “It is significant that the best state school systems in 1850 were found in New York, New England, and Ohio,” explains historian Falk, Charles J. “It is also interesting to note that, while the constitution of California leaned heavily on the U.S. Constitution, and the constitutions of seven states (Iowa, Louisiana, New York, Michigan, Mississippi, Tennessee, and Wisconsin), 66 of the 137 sections in the first constitution appear to have been taken from Iowa's constitution and 19 from that of New York.” Falk, Charles J., The Development and Organization of Education in California (New York, 1968), 17; McWilliams, Carey, California: The Great Exception (Santa Barbara, 1979), 43–44; Goodwin, Charles, The Establishment of State Government in California, 1846–1850 (New York, 1914) also notes the other sources, including a provision from Mexican law recognizing a wife's title to property.Google Scholar
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5 As stated at the convention, “Funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university … as may be authorized by the terms of [the federal] grant.” Art. 9, sec. 1–4, Constitution of 1849 ; Browne, , Debates, 204–5; see also Goodwin, , Establishment of State Government, 200.Google Scholar
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27 A. Higbie was the chair, and this attempted deal was exposed in Carr's, Relation to Industrial Education, which was issued in reaction to his forced resignation in 1875.Google Scholar
28 Gilman also presented a detailed listing of revenues and debts for the university. This data showed that land-grant proceeds from that sale of regent-managed land per acre was higher than in all but one state, that these proceeds were used for purchasing land and buildings from the College of California, and that the rest was invested in the Bank of California. Interest from this account, the only income that could be used for operating costs under the Morrill Act, largely went to the young agricultural program, with most of it paying Carr's $300 a month salary. Statements of the Regents of the University of California, to the Joint Committee of the Legislature, Mar. 3, 1874, 5, 14–15; Ferrier, , Henry Durant, First President University of California, 98; Stadtman, , University of California, 71–74.Google Scholar
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35 A subsequent report of a senate subcommittee of the legislature did not necessarily back the university's contention that the bill was unconstitutional, but it did disclaim Carpenter's insistence that term limits applied to the regents. Interpreting article 11 of the constitution “is not free from difficulty,” explained the subcommittee, “but from the examination we have been able to make, and the light before us, we believe it does not” apply to the regents. Another version of the bill was offered two years later by Senator N. Greene Curtis which also advocated the establishment of regional institutions using land-grant funds. The Curtis bill, after additional university protests, was eventually withdrawn due to a lack of support. The battle had been fought, and the effort to reorganize the university appeared to be over, at least for the time being. California Assembly, An Act to Reorganize and Simplify the School System and Public Education of the State of California, Bill no. 198, secs. 3, 11, 16 Jan. 1878.Google Scholar
36 Beyond the normal operation of the railroads themselves, notes George Mowry, capturing the imagery of Frank Norris's Octopus, “the long tentacles of the railroad were entwined around many other California resources.” Federal land grants gave the Central Pacific ten million acres of California land. “This and subsequent grants made the company the largest landowner in both California and Nevada.” Mowry, George F., The California Progressives (Berkeley, 1951), 11; Bean, Walton E., “Ideas of Reform in California,” in Essays and Assays: California History Reappraised , ed. Knoles, George H. (San Francisco, 1973), 13–25.Google Scholar
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38 From the Workingmen's party organizing meeting of 5 Oct. 1877, in which Kearney was elected president; Sacramento Bee, 24 Apr. 1878.Google Scholar
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40 William White in a letter to the Watsonville Pajoronian, quoted in Van Houten, Peter Scott, “The Development of the Constitutional Provisions Pertaining to the University of California in the California Constitutional Convention of 1878–1879” (Ph.D. diss., University of California, Berkeley, 1973), 13. There was also widespread dissatisfaction with the old constitution's inadequate provisions for representation within the state assembly and senate. “No provision was made for separate senatorial and assembly districts and the members elected at large from the more populous counties controlled the Legislature,” explains historian Paul Mason. There was also a restriction on the number of assembly representatives at forty members, irrespective of California's population. As a result, there were numerous counties with no representation in this house. Mason, Paul, “Constitutional History of California,” in California State Senate, Constitution of the State of California and the United States and Other Documents (Sacramento, 1949), 299; Bancroft, Hubert Howe, History of California (San Francisco, 1884–90), 24: 370–71.Google Scholar
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42 Kelley, Robert, Battling the Inland Sea: American Political Culture, Public Policy, and the Sacramento Valley, 1850–1986 (Berkeley, 1989), 325.Google Scholar
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45 Swisher, , Motivation and Political Technique, 33–42. Swisher also explains some of the differences between the approach of Grangers and Workingmen delegates: “The farmer delegates distrusted the clannish Kearneyite agitators, much too thoroughly to unite them in any case where the effect of doing so was not perfectly clear. They did not vote for the workingmen's candidate for president. It was the workingmen who finally shifted their votes, and by doing so came near to defeating the conservative candidate. Such a combination revealed possibilities for the future, but there seemed small chance for the framing of a workingmen's constitution.” Google Scholar
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53 Debates and Proceedings, 1087; Peckham, Howard H., The Making of the University of Michigan, 1817–1967 (Ann Arbor, 1967), 31. As a result of its 1849 constitutional convention, Michigan's University Board of Regents gained the unique responsibility to conduct “the general supervision of the university and the direction and control of all expenditures from the university funds” free of legislative interference.Google Scholar
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72 Article XVII, section 2, did state that “The holding of large tracts of land, uncultivated and unimproved, by individuals or corporations is against the public interest and should be discouraged.” But it also noted that any future state policies be consistent “with the rights of private property,” a far cry from George's insistence that such land be heavily taxed and given to the masses.Google Scholar
73 The 1879 constitution was passed 77,952 to 67,134, thus winning with 53 percent of the vote. Bean, , California: An Interpretative History, 203. In future years, the vagueness of this document and the compulsion of Californians to place what should be statute into the constitution resulted in numerous amendments that totaled 320 by the 1950s, and innumerable and confusing court decisions. Ibid.; Busterud, John A., “Politics of Constitutional Revision,” in California Politics and Policies , ed. Dvorin, and Misner, , 106–129; Vieg, John A., “A New Design for California Politics,” Western Political Quarterly 13 (Sep. 1960): 40. While the 1879 Constitution had its faults, it also was an influential watershed of populist thought that shaped California's subsequent development. Reflecting the strength of both the labor movement and an angry Grange, it included provisions for an eight-hour working day for all public works projects, reforming the Railroad Commission in an attempt to free it from corporate control, while reorganizing the judiciary system, improving prison regulation and prohibiting prison labor. Increased popular control was a major theme: the Constitution attempted to reduce corporate control of the legislature by making “lobbying” a felony, and included new powers to regulate utilities and tax corporations. Seeing a reduced role for the legislature, the delegates restricted the use of special legislation and the flexibility to spend public funds and sell public lands, a source of corrupt favors. Suffrage was extended to every male twenty-one years or older living in California for one year (with the clear exception of any “native of China,” convicted criminals, lunatics or illiterates), while statewide elections were extended to the offices of Lieutenant Governor, the Secretary of State, Controller, Treasurer Attorney General, and Surveyor General. Swisher, , Motivation and Political Technique, 98; Engelbert, and Gunnell, , State Constitutional Revision in California; Federal Writer's Project, The WPA Guide to California (New York, 1939), 58–59.Google Scholar
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75 One, the adding of two ex-officio regents in 1918, and a slight change in language that further confirmed the autonomous status of the institution; and two, in 1976 the elimination of representation from the Mechanics Institute and the State Agriculture Commission, the addition of two additional alumni members, a student member, and finally the lowering of regents' terms to twelve years. As noted by Verne Stadtman, under the 1918 legislation, “Article IX, Section 9 of the constitution now makes no reference to earlier legislation |the 1868 Organic Act|,” and also “eliminated the requirement that appointed Regents be confirmed by the state senate.” The Centennial Record of the University of California, 403–4; By-Laws and Standing Orders of the Regents of the University of California, 1965, UCA.Google Scholar
76 Stadtman, , The University of California, 154.Google Scholar
77 With the infusion of federal dollars, the university, following the lead of the University of Wisconsin and other maturing land-grant institutions, sought to bolster the economic development and professional needs of the state. By 1912, agricultural stations in Davis, Riverside, and San Diego provided both research and courses directly serving agriculture. This combination of program development, new funds, and continued ties with California's economic and social elite, elevated the university's political influence considerably. Stadtman, , The University of California, 13–14; State Universities: Legislative Control of a Constitutional Corporation, 55 Mich. Law Review, no. 728, 1957; Brubacher and Rudy (Higher Education in Transition, 66) note that the Hatch Experiment Station Act of 1887 stimulated A. and M. colleges “because it provided a growing body of scientific subject matter which they could teach. The formulation, in the late 1880s, of the Association of Land Grant Colleges stimulated support for their work and mobilized forces in Congress to pass favorable legislation.” Google Scholar
78 Swisher, , Motivation and Political Technique, 98; Debates and Proceedings, 1086–30, 1475.Google Scholar
79 Constitution Revision Commission, “Article IX, Education: Background Study,” 16–19; “The people in the Granger-dominated rural areas figured most prominently in the approval of the constitution by a narrow 11,000 vote margin,” notes Stadtman in The University of California, 83. “The University's protection from ‘pernicious political influence’ was won, therefore, from precisely the sector most responsible for political interference in the preceding tumultuous decade.” Bancroft, , History of California, 24: 400.Google Scholar
80 Napier, , “Origin and Development of the Public High School,” 184; Falk, , The Development and Organization of Education in California, 42, states: “In 1880, most California public schools were elementary schools whose buildings were provided by local districts but whose operational costs were borne in part by state aid. The teachers for these schools, when trained in California, were graduates of the state normal school in San Jose. Public high schools, available for the most part in urban areas only, had begun to operate alongside private academies.” Google Scholar
81 California Constitution (1879), art. 9, sec. 6.Google Scholar
82 The Kalamazoo case handed down by the Supreme Court of Michigan in 1872 recognized the right of a community, and by inference a state, to tax itself to support secondary schools. This provided an important precedent that helped other states to begin funding and expanding high schools; Callahan, Raymond E., An Introduction to Education in American Society: A Text with Readings (New York, 1960), 133; Ferrier, , Origin and Development of the University of California, 374.Google Scholar
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85 Quoted in Ferrier, , Origin and Development of the University of California, 376–77.Google Scholar
86 Starr, Kevin, Inventing the Dream: California through the Progressive Era (New York, 1985), 254–55; see also Kelley, , Battling the Inland Sea, 329.Google Scholar
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88 State Higher Education in California: Report of the Carnegie Foundation for the Advancement of Teaching, Recommendations of the Commission of Seven (Sacramento, 1932), often referred to as the Suzzallo Report after the director of the study, Carnegie Foundation president Henry Suzzallo, urged the regents to absorb the state colleges, and thus create a superboard.Google Scholar
89 Sproul, Robert G., “Certain Aspects of the Junior Colleges,” Junior College Journal (Feb. 1931), 276–77. According to university supporters, only select students should enter four-year institutions—a vision of an elite institution that jibed with other leaders of higher education such as Robert M. Hutchins. In the view of the university, state colleges should then be limited to teacher education, while the junior colleges could provide lower division courses and vocational training beyond the high school.Google Scholar
90 All of these arguments against the creation of a superboard were articulated in response to the 1932 Suzzallo report, and revived in 1959 when the state once again discussed imposition of a centralized governing system. Board of Regents, University of California, Minutes, 13 Sep. 1932; Academic Senate Committee on Educational Policy, “Report on Four Year Teachers Colleges,” 21 Apr. 1933, UCA; Dean McHenry to University of California President Clark Kerr, 12 Apr. 1959, UCA.Google Scholar
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