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An Explanation of the Second Morrill Act of 1890


    Land
    Grants: Second Morrill Act


    Act of August 30, 1890,
    ch.841, 26 Stat.417, 7 U.S.C. 322 et seq.

    Chap. 841. — 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 States of America in Congress
    assembled, That there shall be any hereby is, annually appropriated, out of
    any money in the Treasury not otherwise appropriated, arising from the sales
    of public lands; to be paid as hereinafter provided to each State and Territory
    for the more complete endowment and maintenance of colleges for the benefit
    of agriculture and 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 to
    be paid thereafter to each State and Territory shall be fifty thousand dollars
    to be applied only to instruction in agriculture and 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 the facilities for such instruction: Provided, That said colleges
    may use a portion of this money for providing courses for the special preparation
    of instructors for teaching elements of agriculture and the mechanic arts:(1)
    Provided,(2) 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 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 State
    may propose and report to the Secretary of Education(3)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.

    Sec.2.(4) 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
    day of October of each year, by the Secretary of the Treasury of the United
    States, upon the warrant of the Secretary of Education, 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 received
    the same, who shall, upon the order of the trustees of the college, or the
    institution for 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 the Secretary of Agriculture
    and to the Secretary of Education, on or before the day of December 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 proposed of said grants:
    Provided, That payments of such installments of the appropriation 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.

    Sec.3.(5) 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 be
    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 of
    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 said
    colleges shall be made to the Secretary of Agriculture, as well as to the
    Secretary of Education, 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.

    Sec.4.(6) That on or
    before the first day of October in each year, after the passage of this act,
    the Secretary of Education shall ascertain and certify to the Secretary of
    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 Education 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 for
    the determination of the Secretary of Education. If the next Congress shall
    not direct such sum to be paid it shall be covered into the Treasury. And
    the Secretary of Health, Education and Welfare is hereby charged with the
    proper administration of this law.(7)

    Sec.5.(8) There is authorized
    to be appropriated annually for payment to the Virgin Islands and Guam the
    amount they would receive under this Act if they were States. Sums appropriated
    under this section shall be treated in the same manner and be subject to the
    same provisions of law, as would be the case if they had been appropriated
    by the first sentence of this Act.

    Sec.6.(9) Congress may
    at any time amend, suspend, or repeal any or all of the provisions of this
    act.




    Endnotes:

    (1) 7 U.S.C. 322. The
    Act of March 4, 1907, ch. 2907, 34 Stat. 1281, increased the amount appropriated
    annually from $25,000 to $50,000 and added the proviso. See Act of March 4,
    1907, following this Act, for additional appropriations.

    (2) 7 U.S.C. 323.

    (3) The words “Secretary
    of Education” are inserted on authority of the Department of Education Organic
    Act, Public Law 96-85, section 310, 93 Stat. 677.

    (4) 7 U.S.C. 324. The
    proviso at the end of section 2 is omitted from U.S.C. For authority for insertion
    of “Secretary of Education”, see note 3. The Act of April 21, 1976, Public
    Law 94-273, section 9(1), 90 Stat.378, substituted the words “October” and
    “December” for the words “July” and “September”.

    (5) 7 U.S.C. 325. For
    authority for insertion of the “Secretary of Education”, see note 3.

    (6) 7 U.S.C. 326. The
    Act of April 21, 1976, Public Law 94-273, sec. 3(1), 90 Stat. 376, deleted
    “July” and inserted “October”. For authority for insertion of “Secretary of
    Education”, see note 3.

    (7) 7 U.S.C. 321. For
    authority for insertion of “Secretary of Education”, see note 3.

    (8) 7 U.S.C. 326a. Added
    by the Act of June 23, 1972, Public Law 92-318, sec.506(c), 86 Stat.350. Original
    sec 5 of the Act of August 30, 1890, with respect to annual reports by the
    Secretary of the Interior was repealed by the Act of May 29, 1928, sec. 74,
    45 Stat.99.

    (9) 7 U.S.C. 328.

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