DEAR SIR.—In 1862, the Congress of the United States passed an Act; "Donating public lands to the several states and territories which may provide Colleges for the benefit of Agriculture and Mechanic Arts," and apportioning to each State public lands or land scrip equal to thirty thousand acres for each Senator and representative in Congress.

The State of New York made Cornell University, at Ithaca, N. Y., the sole beneficiary of the fund derived by it from the said lands or land scrip.

There is now pending between Cornell University and the State of New York, an entirely friendly action, in which both sides ask for a judicial construction of many provisions of said Act of Congress, and a determination of the obligations and relations of the State to the said fund.

It is deemed desirable to ascertain as far as possible what has been the actual practice in the various States and Territories in regard to the management of said Agricultural Land Scrip Fund. As every State will be interested in the decision in the above case, we venture to make the following inquiries in regard to the management and condition of the fund in your State :

First-Has there been any Judicial determination or construction of said Act of Congress in your State? If so, can you inform us where the decision is reported, and as to its general nature?

Answer-No.

Second-What institution is the beneficiary in your state?

Answer-Nevada State University.

Third-Does your State pay to the said beneficiary the full 5

per cent. income contemplated by said Act of Congress, whether the fund actually earns 5 per cent. or not?

Answer-More.

Fourth-Does your State pay out of its general funds all the Expenses of the management, superintendence, &c.," of said fund, such as commissions, premiums on securities, &c. ; or are these expenses taken from the actual income of the fund, and the balance of said income only turned over to the beneficiary?

Answer-There has been no expense.

Fifth-Briefly and in general terms, please give us the nature of the securities in which the fund is invested.

Answer-U. S. 4 per cent. bonds and Nevada 4 per cent. bonds.

Sixth-Has the State ever parted with the custody of any of the principal of said fund; or intrusted its management to the beneficiary, or to any other person for the beneficiary?

Answer-No.

Seventh-What is the amount of the principal fund in your

State?

Answer-$95,000, about.

If you, as Treasurer of your State, are not the proper person to furnish the above information, will you kindly see that this communication is handed to the proper officer or department? An early answer is much desired.

Very truly yours,

HALLIDAY & FINCH,

Att'ys for Cornell University, Ithaca, N. Y.

Carson City, Nevada, Sept. 23, 1889.

MESSRS. HALLIDAY & FINCH.

By request of the State Treasurer, I have written answers to the questions above set forth.

Respectfully,

J. F. HALLOCK,

State Comptroller.

COMMONWEALTH OF PENNSYLVANIA.

EXECUTIVE CHAMBER.

Harrisburg, Oct. 1, 1889.

MESSRS. HALLIDAY & FINCH, Attorneys, etc., Ithaca, N. Y.

GENTLEMEN.-Your circular letter of the 12th instant has been handed me by the State Treasurer, with the request that, inasmuch as I am familiar with the subject therein referred to, I make reply thereto to you. I reply to your interrogatories in their order:

First-There has never been any judicial determination or construction of the Act of Congress of 1862, in Pennsylvania, for the reason that there has been no necessity of any kind for judicial utterance in relation thereto.

Second-The Pennsylvania State College, Centre Co., Pa., is the beneficiary of the Land Scrip Fund.

Third-Our State pays to the beneficiary, six per cent. interest upon the full amount of money realized from the sale of the Land Scrip, together with a considerable amount in excess thereof appropriated by the Legislature.

Fourth-There are no expenses of management, superintendence, etc., of the said fund necessary to to be paid. My recollection is, that all the expenses of management at the time that a commission was organized for the purpose of making sale of the Land Scrip, were paid by the State.

Fifth-The entire fund in the hands of the Land Scrip Commissioners, together with about $94,000

were invested in the bond of the Commonwealth, amounting to $500,000, with interest at 6 per cent., payable semi-annually, which is regularly paid to the trustees of the Pennsylvania State College. Our Land Scrip was sold in the open market, averaging some 55 cents per acre. The money realized from this sale was originally invested in government bonds. They, together with the premium and interest thereon when sold, amounted to something over $400,000, but in view of the fact that the Scrip had been sold at a very low price, the State made an appropriation as above recited, and made the bond $500,000. Lately, Experimental Farms which had been established in connection with the State College in the Eastern and Western parts of the State, and which were not accomplishing what had been hoped therefrom, were sold and the proceeds thereof, namely: $17,000, were added to this fund, upon which the State also pays six per cent. interest per annum.

The amount of the endowment fund of the College therefore, arising from the Land Scrip Fund and the addition made thereto by the State, is $517,000, secured as already stated by the bond of the Commonwealth itself, payable about 1920.

The State never parted with any portion of the principal of the fund, nor did it entrust the management to the beneficiary or to any other person for the beneficiary.

A special Land Scrip Commission was appointed by the Legislature, consisting of the Governor, the State Treasurer, and the then Surveyor-General, who had the management of the fund until its proceeds were turned into the sinking fund, and the bond of the State given as above referred to.

This, I think, answers all your inquiries fuily and explicitly. If there be any other question relating to the subject which I can answer, it will give me pleasure to respond more fully.

Very cordially yours,

JAMES A. BEAVER.

TENNESSEE.

State Department of Agriculture.

Office of B. M. HORD, Commissioner.

BUREAU OF AGRICULTURE, STATISTICS,

MINES AND IMMIGRATION.

Nashville, Tenn., Sept. 20, 1889.

MESSRS. HALLIDAY & FINCH, Ithaca, N. Y.

GENTLEMEN.-Yours of 12th, inst., to Treasurer of the State, has been referred to this office for reply. The fund derived from the sale of the Land Scrip received from the General Government, was invested in bonds of the State aggregating $403,500. These bonds are in custody of the Board of Trustees of the University of Tennessee at Knoxville. The State pays to the Treasurer of the Board of Trustees of the U. of T., $12, 105, semi-annually, or 6 per cent. per