as the legislature of the District of Columbia, in the same way that the legislatures of the respective States and Territories have established colleges to receive the Morrill funds for those States and Territories; but in view of the fact of the peculiar conditions in the District of Columbia, in view of the fact that the residents of the District of Columbia are, a large proportion of them, citizens of other States, I think Congress would be justified, as Congress, not as the legislature of the District, but as made up of representatives of all the States, in providing a special plant for the District of Columbia to receive the benefits of the Morrill acts. If, however, that can not be done either by Congress as a national representative body or by Congress acting as the legislature of the District of Columbia, it seems to me the only other alternative would be for the George Washington University, if it wishes to be the recipient of these funds, to quitclaim,, as you may say, itself to the District of Columbia, and for the Government to receive it, and for George Washington University to surrender its charter, and for plans to be carried through Congress by which the trustees of that institution should be appointed by Congress or by the President, or partly by Congress and partly by the President, as I think is done in the case of the Smithsonian

Institution.

It seems to me, if some such arrangement as that could be carried out that that would be the only logical thing, other than the establishment of an independent and new institution either by Congress itself acting as the national assembly or by Congress acting as the legis lature of the District of Columbia. The whole point at issue is the undesirability, from the standpoint of the best modern educational thought and practice, of the funds of the National Government being given to an institution that is privately controlled by a board of trustees that is self-perpetuating, and not answerable either to Congress directly as a national body or to Congress acting as the legislature of the District of Columbia. That is the whole point at issue. I thank you.

The CHAIRMAN. We are very much obliged to you, Mr. President. Doctor NEEDHAM. May I ask Doctor Thompson one question? The CHAIRMAN. Doctor Thompson, will you answer Doctor Needham's question?

Doctor THOMPSON. Yes, sir.

Doctor NEEDHAM. In the matter of the organization of the corporation, will you state wherein Cornell differs from the George Washington University?

Doctor THOMPSON. I have not examined the two charters, and I would not be able to answer that question offhand. A corporation is a corporation, generally.

Doctor NEEDHAM. Cornell is a self-perpetuating body, is it not? Doctor THOMPSON. Some of the trustees now are appointed by the governor of the State. It is a modified form of public corporation. Doctor NEEDHAM. So far as the corporation is concerned itself, it is a self-perpetuating body?

Doctor THOMPSON. Yes, and they are proposing to surrender that power. They are discussing that. They are discussing that now. Mr. Chairman, whether they will surrender that power.

MAD C 31735-10- -4

ADDITIONAL STATEMENT OF DR. EDMUND J. JAMES.

Doctor JAMES. I would like to say a word in answer to this question in regard to the manner in which these States have used this fund. I think it is true that Cornell and Rutgers have the fund, and the Massachusetts Institute of Technology has half of it. I think it is also true, and any of you who will take the trouble to look up the educational history of any of these States I think will agree with me, that no one of the States would think to-day, if they were not entangled by the enactments of forty years ago, and entering into the arrangements that were then made in some of the States. Connecticut gave the fund to Yale, and then she took it away. Why did she take it away? Because Yale University, one of the greatest institutions in this or any other country, was not organized to do this work properly, and wasted the fund, and misapplied. Rhode Island gave it to Brown University, and she had to take it away, because Brown University, one of the greatest institutions in this country or any other country, did not understand the problems, and misapplied and wasted the funds.

The State of Massachusetts gave the fund to Harvard, and the same thing happened there. Why? Because it, with its equipment and its ideas, was not capable of administering this fund properly. The same thing would be true in this case if the funds were given to George Washington University. I thank you, gentlemen, for giving us this hearing, and I will ask you only to take a little time to look into the truth of these statements made in this inquiry. I stand by every statement made in that memorial; the documents are there, and if you will take the trouble to look through the published proceedings of the board of trustees of the George Washington University, and the official announcements published broadcast all over the country, you will find there is not a single statement I have made that is not substantiated.

The CHAIRMAN. Unless there is something further, or unless you wish to say something, Doctor Needham, I think the committee must adjourn.

Doctor NEEDHAM. I hope that I shall have the privilege some time of replying. That is all I wish to say.

The CHAIRMAN. Could you make a statement in about five minutes that would be satisfactory to yourself?

Doctor NEEDHAM. I can not do it justice in that time, Mr. Chairman.

The CHAIRMAN. The committee has given a great deal of time to your presentation of the case.

Doctor NEEDHAM. You will see that attacks have been made upon the administration and the organization of the institution, and in order to explain that satisfactorily it would take me a few minutes to do it.

Doctor THOMPSON. There have been intimations that questions of fact have been involved this morning. Here is petition and rejoinder, and it seems to me that at the end a rejoinder should have the opportunity to come in. I would be glad to hear Doctor Needham, but I think in case he is heard we should be allowed to submit a rejoinder, at least, to those facts he may bring forward.

The CHAIRMAN. It is just the fact that Doctor Needham's statement might call for a rejoinder that led me to suggest that that state

ment be made very brief, and which leads me now to suggest that it be submitted in the form of a written brief. The committee simply has not time this morning to remain any longer. Matters are on the floor of the House which every member of the committee is very much interested in, and much as we regret to limit your time, at all, yet in view of the very full and complete statement of your case which was made at a former hearing, and in view of the permission which has just been suggested to submit a written brief, we really do not feel as if we were doing any injustice.

Doctor NEEDHAM. Of course you will all concede that in submitting a written statement I could not anticipate what would be in the minds of the committee, which would come out if I was making an oral statement before you. I am not pressing, Mr. Chairman, for time. I simply say that I am here to meet every statement that has been made, from the record, and to show that so far as it is possible for any great movement to be consistent, the movement of this institution has been consistent in the last eight years and has received the commendation of some of the best educators of the country, and that in the administration of its affairs it stands in some respects without a parallel in this country.

I have a statement here which I will be very glad to submit, showing the percentage of the tuition of the student which is paid for by his tuition fees. In Harvard it is 25 per cent, in Cornell 32 per cent, in the University of Michigan 29 per cent, in Princeton 27 per cent, in Williams 43 per cent, in Columbia 34 per cent, in the Massachusetts Institute of Technology 51 per cent, in Yale 42 per cent, in the University of Pennsylvania 42 per cent, and in George Washington University last year, when we were bearing the very heavy expense of doing this very work, it was 52.5 per cent. In other words, there is not an institution in this country to-day that is paying as much of the education of its students with the tuition fees as we are, and our tuition fees are lower than those of any other institution excepting Cornell, which are $100, while ours are $150.

The CHAIRMAN. Permit me to state, Doctor, that when the committee comes to consider this bill, if there is any question as to facts, we understand that you are always subject to our call and can supply the information, and I think I can assure you that the committee will not hesitate to call upon you in case it thinks that there is any question concerning which it has not full information.

Doctor NEEDHAM. I wish to say that that is entirely satisfactory

to me.

(At 12.45 o'clock p. m. the committee adjourned.)

ACTS OF CONGRESS, ACT OF THE LEGISLATIVE ASSEMBLY OF THE DISTRICT OF COLUMBIA, AND CERTIFICATE OF CHANGE OF NAME OF THE COLUMBIAN UNIVERSITY TOGETHER FORMING ON MAY 1, 1909, THE CHARTER OF THE GEORGE WASHINGTON UNIVERSITY.

AN ACT To incorporate the Columbian College in the District of Columbia. Be it enacted, &c., That there be erected, and hereby is erected and established, in the District of Columbia, a college, for the sole and exclusive purpose of educating youth in the English, learned, and foreign languages, the liberal arts, sciences, and literature; the style and title of which shall be, and hereby is declared to be, "The Columbian College in the District of Columbia."

SEC. 2. And be it further enacted, That the said college shall be under the management, direction, and government of a number of trustees, not exceeding

thirty-one, to be elected triennially, by the contributors to the said college, qualified to vote, in such manner, and under such limitations and restrictions, as may be provided by the ordinances of the college, on the first Monday in May; and that the first trustees of the said college shall consist of the following persons, viz: Obadiah B. Brown, Luther Rice, Enoch Reynolds, Josiah Meigs, Spencer H. Cone, Daniel Brown, Return J. Meigs, Joseph Gibson, Joseph Cone, Thomas Corcoran, Burgis Allison, Thomas Sewall, and Joseph Thaw, which said trustees, and their successors, shall forever hereafter be, and they are hereby declared to be, one body politic and corporate, with perpetual succession, in deed and in law, to all intents and purposes whatsoever, by the name, style, and title of "The Columbian College in the District of Columbia; " by which name and title they, the said trustees and their successors, shall be competent and capable, at law and in equity, to take to themselves and their successors, for the use of the said college, any estate, in any messuage, lands, tenements, hereditaments, goods, chattels, money, and other effects, by gift, grant, bargain, sale, conveyance, assurance, will, device, or bequest, of any person or persons whatsoever: Provided, The same do not exceed, in the whole, the yearly value of twenty-five thousand dollars; and the same messuages, lands, tenements, hereditaments, and estate, real and personal, to grant, bargain, sell, convey, assure, demise, and to farm let, and place out on interest, for the use of the said college, in such manner as to them, or at least nine of them, shall seem most beneficial to the institution, and to receive the rents, issues, and profits, income and interest of the same, and to apply the same to the proper use and benefit of the said college; and by the same name to sue, commence, prosecute, and defend, implead, and be impleaded in any courts of law and equity, and in all manner of suits and actions whatsoever, and generally, by and in the same name, to do and transact all and every the business touching or concerning the premises.

SEC. 3. And be it further enacted, That the said trustees shall cause to be made for their use one common seal, with such devices and inscriptions thereon as they shall think proper, under and by which all deeds, diplomas, certificates, and acts of the said college, shall pass and be authenticated; and the same seal, at their pleasure, to break and devise a new one.

SEC. 4. And be it further enacted, That the said trustees, or five of them at least, shall meet at the college, on College Hill, in the said District of Columbia, on the first Monday in March next, for the purpose of concerting and agreeing to such business as, in consequence of this act, shall be proper to be laid before them at the commencement of the work they have undertaken, and shall have power to adjourn from time to time, as they shall see cause, to any other times or places, for the purpose of perfecting the same. That there shall be a stated meeting of the said trustees held twice in every year at least, at such place and time as the said trustees, or a quorum thereof, shall appoint, of which public notice shall be given, after the first meeting, at least twenty days before [the] time of such intended meeting, whenever the president, to be appointed by them, shall deem the business of the institution to require the same, and give due notice thereof, which he is hereby authorized to do; and if, at such stated or occasional meetings, five of the said trustees shall not be present, those of them who shall be present shall have power to adjourn the meeting to any other day, as fully and effectually, to all intents and purposes, as if the whole number of trustees for the time being were present; but, if five or more of the said trustees shall meet at the said appointed times, or at any other time of adjournment, then such five of the said trustees shall be a board or quorum, and a majority of the votes of them shall be capable of doing and transacting all the business and concerns of the said college not otherwise provided for by this act; and particularly of making and enacting ordinances for the government of the said college; of electing and appointing the president, professors, and tutors, for the said college; of agreeing with them for their salaries and stipends, and removing them for misconduct, or breach of the laws of the institution; of appointing committees of their own body to carry into execution all and every the resolutions of the board; of appointing a president, treasurer, secretary, stewards, managers, and other necessary and customary officers, for taking care of the estate and managing the concerns of the corporation; and, generally, a majority of voices of the board, or quorum of the said trustees, consisting of five persons at least, at any semi-annual, occasional, or adjourned meeting, after notice given as aforesaid, shall determine all matters and things (although the same be not herein particularly mentioned) which shall occasionally arise, and be incidentally necessary to be determined and transacted by the said trustees:

Provided always, That no ordinances shall be of force which shall be repugnant to this charter, or to the laws of the District of Columbia.

SEC. 5. And be it further enacted, That the head or chief master for the said college shall be called and styled "The president," and the masters thereof shall be called Professors and tutors; " but neither president, professors, or tutors, while they remain such, shall ever be capable of the office of trustee.

SEC. 6. And be it further enacted, That the president, professors, and tutors, or a majority of them, shall be called and styled "The faculty of the college,' which faculty shall have the power of enforcing the rules and regulations adopted by the trustees for the government of the pupils, by rewarding or censuring them, and, finally, by suspending such of them as after repeated admonitions shall continue disobedient and refractory, until a determination of a quorum of the trustees can be had; and of granting and confirming, by and with the approbation and consent of a board of the trustees, signified by their mandamus, such degrees in the liberal arts and sciences, to such pupils of the institution, or others, who, by their proficiency in learning, or other meritorious distinction, they shall think entitled to them, as are usually granted and conferred in colleges; and to grant, to such graduates, diplomas or certificates, under their common seal, and signed by the faculty, to authenticate and perpetuate the memory of such graduation.

SEC. 7. And be it further enacted, That persons of every religious denomination shall be capable of being elected trustees; nor shall any person, either as president, professor, tutor, or pupil, be refused admittance into said college, or denied any of the privileges, immunities, or advantages thereof, for or on account of his sentiments in matters of religion.

SEC. 8. And be it further enacted, That no misnomer of the said corporation shall defeat or annul any gift, grant, devise, or bequest, to or from the said corporation: Provided, The intent of the parties shall sufficiently appear upon the face of the gift, grant, will, or other writing, whereby any estate or interest was intended to pass to or from the said corporation.

SEC. 9. And be it further enacted, That the constitution of the said college, herein and hereby declared and established, shall be, and remain, the inviolate constitution of the said college forever; and the same shall not be altered, or alterable, by any ordinance or law of the said trustees: Provided, That it may be lawful for the Congress of the United States to revoke and repeal this act, at any and at all times whenever they shall think fit so to do.

SEC. 10. And be it further enacted, That it shall be the duty of the said board of trustees to keep a regular book or journal, in which shall be entered, under their direction, besides an account of all their, ordinary acts and proceedings, all the by-laws, ordinances, rules, and regulations, which may be adopted by the said board, for their own government, and for the government of the institution; also, a schedule of all the property and effects, real, personal, or mixed, which shall or may be vested in the said trustees, for the use of the said college, by virtue of any gift, grant, bargain, sale, will, or otherwise, together with annual statements concerning the accounts and finances of the institution. That it shall, moreover, be the duty of the said trustees to cause to be enrolled, in the said book or journal, the names of all the contributors to the institution qualified to vote for trustees, with their respective places of residence; and the said book or journal shall at all times be open to the inspection or examination of the Attorney-General of the United States; and, when required by either House of Congress, it shall be the duty of said trustees to furnish information respecting their own conduct, the state of the institution, and of its finances, which shall or may be so required.

SEC. 11. And be it further enacted, That in case any vacancy or vacancies shall happen in the board of trustees aforesaid, by death, inability, resignation, or otherwise, at any time between the stated or triennial elections, that then it shall and may be lawful for the other trustees, or any five of them, to procced, at any subsequent meeting after the happening of such vacancy or vacancies, to choose, by ballot, any suitable person or persons to fill the same.

SEC. 12. And be it further enacted, That the employment or application of the funds or income of the said corporation, or any part thereof, for any purpose or object other than those expressed and defined in the first section of this act, or the investment thereof in any other mode than is described and provided in the second section thereof, shall be deemed and taken to be a forfeiture of all the rights and immunities derived from this act, and the same shall, thenceforth, cease and become null and void. (U. S. Stat. L., vol. 6, pp. 255-258; 16th Cong., 2d sess., ch. 10.)

Approved, February 9, 1821.