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Atlantic states is especially interesting by reason of the strength and prestige of the long established, privately endowed institutions of higher education, and the fact that their independence has allowed an unusual development of publicly supported normal schools and public schools generally, until both of these are more largely attended in this than in any other section of the country.

II. NEW YORK SCHOLARSHIP LAW

[Chapter 292, Laws, 1913.]

SECTION 70. State Scholarships Established. 1. State scholarships are hereby established in the several counties of the State, to be maintained by the State and awarded as provided by this act. 2. Five such scholarships shall be awarded each county annually for each assembly district therein.

3. Each such scholarship shall entitle the holder thereof to the sum of one hundred dollars for each year which he is in attendance upon an approved college in this State during a period of four years, to be paid to or for the benefit of such holder as hereinafter provided, and out of a fund which is hereinafter created.

SECTION 71. Scholarship Fund of the University of the State of New York. 1. The scholarship fund of the University of the State of New York is hereby created. Such fund shall consist: a. Of all money appropriated therefor by the legislature;

b. Of all money and property hereafter received by the State, the Regents of the University or the Commissioner of Education by gift, grant, devise or bequest for the purpose of providing funds for the payment of such scholarships and of all income or revenue derived from any trust created for such purpose.

2. Such fund shall be kept separate and distinct from the other State funds by the State Treasurer, and payment shall be made therefrom to the persons entitled thereto in the same manner as from other State funds, except as otherwise provided by this act.

3. Whenever any such gift, grant, devise or bequest shall have been made or any trust shall have been created for the purpose of providing funds for such scholarships, the incomes or revenues derived therefrom shall be applied in maintaining scholarships in addition to those to be maintained by appropriations made by the State Legislature, as provided herein, and no part of such income or revenue shall be applied for the maintenance of State scholarships hereinbefore established for each county. Such additional scholarships shall be equitably apportioned by the Commissioner of Edu

cation among the several counties, unless it be provided in the will, deed or other instrument making such gift, grant, devise or bequest, or creating such trust, that the incomes or revenues derived therefrom be applied to the establishment and maintenance of additional scholarships in a specified county.

SECTION 72. Regents to make Rules. The Regents shall make rules governing the award of such scholarships, the issuance and cancelation of certificates entitling persons to the benefits thereof, the use of such scholarships by the persons entitled thereto, and the rights and duties of such State scholars, and the colleges which they attend, in respect to such scholarships, and providing generally for carrying into effect the provisions of this act. Such rules shall be in conformity with this act and shall have the force and effect of a statute.

SECTION 73. List of Candidates, Award of Scholarships. 1. The Commissioner of Education shall cause to be prepared for each county of the State, annually, during the month of August, from the records of the Education Department, a list of the names of all pupils residing therein who became entitled to college entrance diplomas under Regents rules, during the preceding school year. Such list shall also show the average standing of the pupils in the several subjects on which each of such diplomas was issued.

2. The Commissioner of Education shall also cause the names of all pupils on the foregoing lists of the several counties, who are not appointed to scholarships in the county of their residence, to be arranged upon a State list in the order of their merit, as, shown by their average standings on the several county lists, from which unclaimed vacant scholarships shall be filled as hereinafter provided.

3. The scholarships to which each county is entitled shall be awarded by the Commissioner of Education annually in the month of August to those pupils residing therein who became entitled to college entrance diplomas, under Regents rules, during the preceding school year and in the order of their merit as shown by the list prepared as provided in subdivision 1 of this section.

4. In case a pupil who is entitled to a scholarship shall fail to apply for such scholarship within thirty days after being notified that he is entitled thereto or shall fail to comply with the rules of the Regents as to such scholarships and the same shall have been revoked or canceled on account thereof, or, if for any other reason such scholarship shall become vacant, then the pupil standing highest to those pupils on such list for such county who have

received scholarships, shall be entitled to receive appointment to such vacant scholarship.

5. In case a scholarship belonging to a county shall not be claimed by a resident of such county or if there be no resident of the county entitled to appointment to the vacant scholarship in such county, the Commissioner of Education shall fill such vacancy by appointing from the State list the person entitled to such vacancy as provided in subdivision 2 of this section.

6. The Commissioner of Education shall cause such person entitled to receive appointment to a scholarship to be notified of his rights thereto and of his forfeiture of such rights by failure to make the application for such scholarship required under section 74 of this act.

SECTION 74. Issuance of Scholarship Certificate. Upon the application of a pupil duly notified of his right to a scholarship, the Commissioner of Education shall issue to such pupil a scholarship certificate. Such application and such certificate shall be in the form prescribed by the Commissioner of Education and such certificate shall specify the college for which it is valid. Said commissioner may also require such additional statements and information to accompany such application as he may deem necessary.

SECTION 75. Effect of Certificate; Payments Thereon. The certificate issued as provided in the preceding section shall entitle the person named therein to receive the sum of one hundred dollars each year for a period of four years to aid such person in the completion of a college education. Such sum shall be paid by the State Treasurer in two equal payments, one on October first and the other on March first out of the scholarship fund of the University of the State of New York, upon the warrant of the comptroller issued with the approval of the Commissioner of Education. Such approval shall be given upon vouchers or other evidence showing that the person named therein is entitled to receive the sum specified, either directly or for his or her benefit. The rules of the Regents may prescribe conditions under which payments may be made direct to the college attended by the person named in such certificate, in behalf and for the benefit of such person. (Thus amended by L. 1913, ch. 437.)

SECTION 76. Revocation of Scholarships. If a person holding a State scholarship shall fail to comply with the rules of the Regents in respect to the use of such scholarship, or shall fail to observe the rules, regulations or conditions prescribed or imposed by such

college on students therein, or shall for any reason be expelled or suspended from such college, or shall absent himself therefrom without leave, the Commissioner of Education may, upon evidence of such fact deemed by him sufficient, make an order under the seal of the Education Department revoking such scholarship and thereupon such scholarship shall become vacant and the person holding such scholarship shall not thereafter be entitled to further payment or benefits under the provisions of this act and the vacancy caused thereby shall be filled as provided in section 73 of this act.

SECTION 77. Limitations as to the Number of Scholarships; Courses of Study. At no time shall there be more than twenty scholarships established and maintained for each assembly district and at no time shall there be more than three thousand such scholarships so established and maintained for the entire State not including scholarships maintained from the revenues or income of trust funds, or gifts, devises or bequests created or made as provided in this act for the maintenance of such scholarships. A person entitled to such scholarship shall not be restricted as to the choice of the college which he desires to attend, or the course of study which he proposes to pursue; provided that no such scholarship shall include professional instruction in law, medicine, dentistry, veterinary medicine or theology, except so far as such instruction is within a regularly prescribed course of study leading to a degree other than in the above named professions; and provided further, that the college selected by the person entitled to such scholarship is situated within the State of New York, and is incorporated as a college and authorized under the laws of this State and the rules of the Regents of the University to confer degrees.

III. STATE AID WITHOUT STATE CONTROL

[Pritchett, Henry S., in the 7th An. Rept. of the Carnegie Foundation for the Advancement of Teaching, 1912, pp. 152-153.]

The participation of endowed institutions in state aid has so greatly increased in recent years as to form a distinct question of public policy, and one which has hitherto received scant attention.

We have proceeded in the various American commonwealths upon the theory that there were two methods of conducting higher education; one the method of government support and control, the other the method of private endowment and control. Each of these plans is clear-cut and is politically consistent. There has,

however, grown up in the last ten or fifteen years a movement which contemplates a mingling of these two plans, an institution drawing large appropriations from the state, but over which the state exercises no authority. This movement has obtained headway mainly in the New England and Atlantic states, and particularly in those states where there is no tax-supported university. Indeed, one of the arguments which has been most commonly used in the appeal to legislatures for such appropriations has been the plea that it was necessary for privately endowed institutions to meet what is called the "educational competition" of the great tax-supported universities, and that the states where no state university had been founded should therefore assist the privately endowed institutions. In this situation again the question of college competition has been made to play a large rôle.

In the New England states New Hampshire makes a grant to Dartmouth College nearly twice as large as the grant to its state college of agriculture and mechanic arts. Vermont gives subsidies to all three of the privately endowed institutions of higher education in the state, the University of Vermont (which is not a state university), Middlebury College, and Norwich University. In Massachusetts the legislature a few years ago made large continuing grants to the Massachusetts Institute of Technology and a year later similar, but smaller grants to the Worcester Polytechnic Institute. In the State of New York public funds are granted, under somewhat more carefully framed conditions, to Cornell University, Alfred University, St. Lawrence University, and Syracuse University. In Pennsylvania state aid to privately controlled educational and philanthropic institutions - universities, schools, hospitals, etc. has been developed to an extent unequaled elsewhere. Among the institutions which now participate extensively in state aid are the University of Pennsylvania in the eastern part of the state and the University of Pittsburgh in the western. All Pennsylvania legislation is arranged so as to be reciprocal in the geographic sense.

The state of Maryland has long paid subsidies to privately endowed colleges. The charter of St. John's College at Annapolis, granted in 1784, pledges the state forever to some support of the college. A few years ago Johns Hopkins University became, by legislative action, one of the recipients of state aid, and this has recently been largely increased in order to provide for a school of applied science. The institutions now sharing in this bounty draw from the state treasury an annual appropriation of over $300,000 and include Johns Hopkins University, St. John's College, St. Mary's Seminary, McDonough Institute, Charlotte Hall Academy,

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