Ohio History Journal

HISTORY OF EDUCATIONAL LEGISLATION

IN OHIO, 1851-1925

BY NELSON L. BOSSING, PH. D.

CHAPTER IV

HIGHER EDUCATION AND PROFESSIONAL TRAINING

Higher education held a conspicuous place in Ohio's

early legislation. Approximately one-half of the edu-

cational legislation passed during the first three years

of Ohio's statehood was formulated in the interests of

colleges and universities.¹ From 1803 to 1850 there

was a mass of legislation passed which dealt with va-

rious phases of higher education. During this same

period charters were granted to forty-five colleges, uni-

versities and theological seminaries.² Many of these

institutions were the objects of important legislative

action during the next fifty years. Most of these in-

stitutions were still in existence in 1880; by the year

1925 a number of them ranked foremost in the list of

colleges and universities of their kind, both in the State

and throughout the country.

The development of higher education had followed

the same general course that characterized the history

of elementary education, and more especially that of

the secondary school system. The "laissez faire" pol-

icy was the most characteristic thing about the entire

1 Miller, E. A., op. cit., p. 212.

2 Ibid., 117.

(223)

224      Ohio Arch. and Hist. Society Publications

educational attitude of the State. The legislature fol-

lowed a very consistent policy of leaving the develop-

ment of the higher educational life of the State to the

initiative and organizing genius of interested and public-

spirited individuals or communities.³ This policy re-

sulted in a loose, unsystematized mass of legislation con-

cerning higher education. The principal evidence of

any uniformity was in the universal requirement that

all institutions should receive their charters through

legislative enactment.⁴ The most serious consequence

of this attitude was a lamentable condition in some of

the colleges and universities which were thus organized

and given authority to confer collegiate degrees.

General Legislation

A large quantity of general legislation concerning

higher education was enacted between 1851 and 1925.

The first legislation of importance was the act of 1852.⁵

By the provisions of this law, any group of persons

numbering not less than five, might become a corporate

organization, with perpetual succession, for the purpose

of establishing a college or university. Upon the peti-

tion of five free-holders of a county wherein an institu-

tion was located, or its location planned, the auditor of

the county was required to appoint a committee of dis-

interested free-holders to evaluate the property of the

proposed corporation. If the property was found to

have a total value of at least $500, the auditor gave the

petitioners a certificate of the fact. The corporation

then elected five or more persons from its membership,

3 Orth, S. P., op cit., p. 65.

4 O. L., I, 3, Art. 8, Sec. 27.

5 Ibid., L, 128.

History of Educational Legislation, 1851 to 1925  225

as trustees. These trustees, by virtue of their incorpo-

ration rights, could elect a president, faculty and other

agents, and confer all degrees and honors usually con-

ferred by institutions of higher learning anywhere in

the United States. The law provided, further, that col-

leges and universities which were chartered under less

favorable regulations, could avail themselves of the

privileges of this act. The act did not specify an official

place nor person in which or with whom the articles of

incorporation could be recorded. This omission was

corrected the following year when the incorporation

papers were required to be filed in the office of the re-

corder of the county in which the institution was or

would be located.6

In 1856 two laws were passed which affected colleges

and universities. The first was the outgrowth of the

custom of the Legislature to limit the amount of prop-

erty or income that colleges and universities might re-

ceive, which policy had resulted in a very restricted de-

velopment of higher education. The act gave to the col-

leges and universities the right to an annual income not

to exceed $25,000.⁷ At that early date the law had the

effect, practically, of allowing colleges and universities

the unrestricted right of expansion.⁸ The restriction was

removed entirely in 1893, and colleges and universities

could hold property and receive incomes in any amount.

There was only one requirement stipulated, namely, that

6 Ibid., LI, 403.

7 Ibid.. LIII, 170.

8 The State School Commissioner's report for 1900 shows that only

ten out of thirty-six colleges and universities reporting had a total annual

income in excess of $25,000. Only two of the professional schools had an

income in excess of that amount. See report, pp. 287, 292, 294.

Vol. XXXIX--15.

226      Ohio Arch. and Hist. Society Publications

when these institutions wished to increase the amount

of their endowment or annual income, the board of trus-

tees should file a statement of its action, setting forth

the purpose for which such additional income or prop-

erty acquisition was desired.⁹ The second act gave to

seminaries the right to incorporate as colleges and to

confer collegiate degrees. The report of the reorgan-

ization of the institution had to be filed with the Secre-

tary of State.10 This is the first intimation of a transfer

of the authority of incorporation from the county office

to the office of the Secretary of State.

The transfer of the authority to incorporate colleges

and universities, from the county to a central state office

was gradual. The law of 186911 gave to trustees of col-

leges which had been incorporated by special act for a

limited time, and whose capital stock was divided into

shares, the right to incorporate with perpetual succes-

sion. The incorporation papers were required to be filed

in the office of the Secretary of State. This law was

amended in 1872, making the provision that colleges

whose capital stock was not divided into shares could be

incorporated by filing the necessary papers with the Sec-

retary of State.¹² The Revised Statutes of Ohio for

1880 were very inclusive on this question. They gave

the right to incorporate to any college or university

whose property value was $5,000 and whose trustees

had filed a schedule in the office of the Secretary of

State, outlining the kind of value of the property held.13

9 O. L., XC, 71.

10 Ibid., LIII, 116.

11 Ibid., LXVI, 347.

12 Ibid., LXIX, 63.

13 O. R. S., I, 947.

228      Ohio Arch. and Hist. Society Publications

of term of trustees was limited, so that the term of office

of a trustee could not exceed the number of trustees on

the board. This did not prevent the reelection of mem-

bers of the board at the pleasure of the corporation.¹⁷

The board could be organized into four classes, with the

period of service of each class set at four years.¹⁸ Later

the number of classes was changed to six, each class

serving for six years.¹⁹

Institutions of higher learning that came under the

domination of religious or ecclesiastical bodies, received

considerable attention between the years of 1870 and

1900. Colleges and universities controlled or supported

by religious organizations had the power to divide the

trustees into as many classes as there were Conferences

that supported them. The classes were then assigned

to the conferences, and each Conference was thereafter

required to fill all vacancies that might occur in its class

of trustees. The number of classes, however, was not

to exceed six.²⁰ Later, the alumni of these institutions

were permitted to elect the members of the class.²¹ In

order that the schools which received the support of re-

ligious bodies might be given close supervision by the

organizations, provision was made for the appointment

of two visitors by each Conference. These visitors, to-

gether with the trustees, constituted a board with full

power to appoint or remove any member of the faculty

or officer of the school.²² Subsequent legislation gave the

17 Ibid., LXXX, 79.

18 Ibid., LXXXVI, 341.

19 Ibid., LXXXVII, 187.

20 Ibid., LXV, 188.

21 Ibid., LXIX, 71.

22 Ibid., LXXIII, 163.

History of Educational Legislation, 1851 to 1925  229

same privilege of electing visitors to the alumni of the

school.²³ Much of the legislation prior to 1900, which

dealt with the denominationally. controlled colleges, was

concerned almost wholly with the problem of proper rep-

resentation of these bodies upon the college board of

trustees. In many respects this legislation duplicated the

class divisions which were provided for the non-denomi-

national college.²⁴ The law enacted in 1900 virtually gave

to ecclesiastical bodies the power to incorporate colleges

and universities with full rights of control and appoint-

ment of the trustees. Corporations for the promotion

of education might be formed by religious organizations

by setting forth in their articles of incorporation the

name of the religious body or denomination with which

they proposed to be connected. The corporation was

further empowered to grant to religious bodies the

right of appointment of all or part of the trustees and

officers of the institution, and in its incorporation papers

to set forth any additional rights and powers of control

and administration conferred upon such bodies.²⁵

No further legislation occurred prior to 1914. In

that year minor changes were made in the law affecting

the organization of trustees.  Better uniformity and

representation on the boards of trustees were made pos-

sible but not mandatory upon the denominational col-

leges. The spirit of freedom in the regulation of col-

leges was maintained in keeping with past policy.²⁶ The

Legislature of 1925 made a minor change in the law

²³ Ibid., LXXVI, 87; LXXXI, 174.

²⁴ Ibid., LXXXIX, 119; LXXXV, 140.

²⁵ Ibid., XCIV, 331.

26 Ibid., CIV, 171; CVII, 636.

230      Ohio Arch. and Hist. Society Publications

limiting the term of trustees of denominational colleges

from five years to four years.²⁷

A number of miscellaneous laws were passed during

this period, some of which were quite important. Dur-

ing the first seventy-five years of university and college

activity, these institutions were formally set in motion

by the State and then permitted to go their own way as

long as they did not exceed the few limitations placed

upon them. Not enough interest was shown in these

schools to demand a report. It was not until 1876 that

the demand became sufficiently strong to secure legisla-

tion that required annual statistical reports from insti-

tutions of higher learning.²⁸ A severe blow was struck

at the financially weak and struggling independent or

denominational college, when the law was enacted that

made all institutions with leaseholds and those operated

upon a tuition basis subject to taxation. Institutions

open for free public education were not subject to tax-

ation.²⁹ This gave a decided advantage to the state-

supported schools where tuition was free. A drastic

piece of legislation for this early period gave incorpo-

rated villages within the State, which had a college or

university within their corporate limits, authority to

exercise complete control over the liquor question

therein.30 The subject of hazing was dealt with in some-

thing of the same uncompromising spirit.³¹

The general legislation for the first one hundred years

did not reveal a serious change in attitude towards the

27 Ibid., CXI, Sec. 9936-1.

28 Ibid., LXXV, 436.

29 Ibid., LXXV, 436.

30 Ibid., LXXIX, 59.

31 Ibid., XC, 35.

History of Educational Legislation, 1851 to 1925  231

systematizing of college and university activity. Almost

of necessity, legislation was demanded and passed which

tended in the direction of more uniformity in university

administration. The State always revealed an attitude of

interest in higher education. Indeed, we shall see con-

crete evidence of that interest in the discussion of the

State institutions later. But apparently that interest was

fettered by the domination of the "laissez faire" theory

over the law-making body. The backward state of ad-

ministrative control over the higher education in Ohio

was evidenced by the meager requirements for incorpo-

ration of a college or university that existed in 1900.

The incorporation laws imposed only two conditions

upon those who desired to organize a college or uni-

versity. The first requirement stipulated that the cor-

poration should possess real or personal property to the

value of at least $5,000. The second regulation de-

manded that the incorporation papers should be filed

with the Secretary of State. Having met these two con-

ditions, any group of persons which desired to establish

a college or university in the year 1900, was legally au-

thorized to elect a president and appoint a faculty. The

corporation was authorized further to confer any col-

legiate degree then conferred by institutions of similar

name anywhere in the United States.³²

The weakness of this law soon became apparent. Mr.

Edmund A. Jones, State Commissioner of Common

Schools, in his annual report for 1906, calls attention to

the incongruity of this situation among degree confer-

ring institutions:

32 O. R. S. S. & C., 266, 270.

232       Ohio Arch. and Hist. Society Publications

It would seem as if all that is really needed in order that a

so-called college may have the legal right to confer all the degrees

usually conferred by collegiate institutions is that it shall have a

board of trustees and real estate or personal property to the value

of $5,000, a schedule of which shall have been filed with the sec-

retary of state. My attention was called to this matter some time

ago when I received inquiries from the superintendent of public

instruction in another state in reference to the standing of an Ohio

college whose degree of Ph. D. had been presented for recogni-

tion. I had never heard of the institution and no report from it

had been received. Very few schoolmen of the state knew of its

existence, but I found upon inquiry at the office of the secretary

of state that it had complied with the statute to which reference

has been made.³³

At the next session of the Legislature, 1908,34 the

amount of personal or real property necessary for the

establishment of a college or university was raised from

$5,000 to $25,000. The interests of collegiate institu-

tions were further safeguarded in 191435 by legislation

which placed the power of approval of degree-confer-

ring colleges and universities in the hands of the Super-

intendent of Public Instruction.

State-Supported Universities

When we speak of institutions of higher learning that

received financial support from the State during the

early part of this period, we do not mean that they were

accepted as institutions of the State.     The history of

those schools revealed a very close relationship to the

State during their existence; but it was not until late in

the nineteenth century that they came to be accepted by

the Legislature as the definite responsibility of the State.

33 State Commissioner of Common Schools, Fifty-third Annual Report,

p. 22-23.

34 O. L., XCIX, 262.

35 Ibid., CIV, 225.

History of Educational Legislation, 1851 to 1925  233

In fact it was not until the year 190636 that the Legisla-

ture definitely committed the State to tax support as a

stated and accepted principle of State policy toward

higher education.

Ohio University.--One of the first acts of the new

Territory of Ohio was the passage of legislation which

looked toward the founding of a university.³⁷ This uni-

versity was reincorporated in 1804 under the name of

"Ohio University."³⁸ Its history has shown the same

checkered career to be expected of such institutions dur-

ing their pioneer days, when men's thoughts and atten-

tions were devoted to the immediate pressing problems

of establishing homes and cultivating the soil. There

were those who saw the need of colleges and were ready

to put forth an effort to encourage their development.

During these trying days, Ohio University found men

of this character to support her in and out of the Legis-

lature. But the same general attitude prevailed here

that was manifest in the case of the secondary school.

The State was unwilling to assume higher education as

a part of its responsibility. Some special help was given

to the institution prior to 1850, through land grants and

legislative appropriation.39

With the beginning of 1851, Ohio University could

not be said to be a State institution in the sense of being

a university supported and controlled by the State. It

received the appointment of its trustees by legislative

action and was in a few other respects under the juris-

36 Ibid., XCVIII, 309.

37 Miller, E. A., op. cit., p. 107.

38 O. L., II, 193.

39 Miller, E. A., op. cit., p. 109 ff.

234      Ohio Arch. and Hist. Society Publications

diction of the Legislature, but it did not receive regular

support therefrom nor was its administration in any

true sense supervised.⁴⁰

The principal legislation in behalf of the University

for the next fifty years was financial in character. One

of the first acts of this period was a resolution suspend-

ing payment by the University of the balance due on a

$5,000 loan made to the institution by the State, as long

as the institution agreed to permit one student from each

county to attend without tuition charge.⁴¹ In 1875 the

Legislature stipulated that all money in the State treas-

ury, from the sale of lands which belonged to the Ohio

University should be transferred thereafter to the treas-

ury of the school. The auditor of each county there-

after was required to draw an order, annually, for such

tax money as belonged to the University.⁴² This act

was repealed in 1885.⁴³ The legislative appropriations

for 1880 carried an item of $49,311 for the Ohio Uni-

versity, as interest on school lands of the institution.⁴⁴

In 1883, provision was made for the sale of lands

under the control of the University.⁴⁵ Lands held under

lease from the University were to be sold to the lessee

upon the payment of a sum, which when put out at six

per cent interest, would yield the amount of rent re-

served in the original lease.  The lessee under this

agreement was to bear all the expenses incidental to the

sale of the land. When full payment for the property

40 Ibid., 110.

41 O. L., LIII, 254.

42 Ibid., LXXII, 84.

43 Ibid., LXXXII, 115.

44 Ibid., LXXVII, 175.

45 Ibid., LXXX, 193.

History of Educational Legislation, 1851 to 1925  235

had been made, the owner of the land was entitled to re-

ceive from the University a deed of conveyance in fee

simple. The proceeds of the sale of the land, sold under

the terms of the act, were to be deposited in the State

treasury and were to become an irreducible trust fund,

with interest paid semi-annually to the treasurer of the

University.

The first approach to a state policy of tax support

for colleges and universities, came with the law which

levied a tax upon all lands donated to the University,

which levy was equal in amount to the state tax rate

upon other property. The proceeds from this tax were

required to be paid into the treasury of the University.

This tax was in lieu of rents upon these lands.⁴⁶

No further legislation concerning Ohio University

was passed for a period of more than ten years. In

1896 the logical step was made from a partial tax for

university support to a universal tax for this purpose.

At this time Ohio University became a state tax-sup-

ported institution in fact. The law provided that "for

the purpose of affording adequate support to the Ohio

University" a tax should be levied annually upon the

grand list of the taxable property of the State, and col-

lected as other taxes. The rate of levy was to be fixed

every two years by the Legislature. If for any reason

the latter body failed to specify the tax levy, the rate

was fixed at three one-hundredths of one mill on the

dollar of all taxable property for both Miami and Ohio

Universities. The tax was to be divided so that seven-

twelfths would go to the support of Ohio University.

In return for this aid from the State, the University was

46 Ibid., LXXXII, 115.

236      Ohio Arch. and Hist. Society Publications

required to "admit free of tuition all residents of this

State who shall conform to the standards of admis-

sion."⁴⁷ In the same session of the Legislature, this idea

was carried a step further by giving the University per-

mission to issue certificates of indebtedness to the

amount of $60,000 for the erection of new buildings,

payable at the rate of $10,000 annually from the tax

levy set aside for the institution.⁴⁸ A similar issue of

certificates of indebtedness was authorized in 1900.49

Ohio University found itself in rather an anomalous

and difficult situation. Brought into existence by state

aid and largely dependent upon the State, Ohio Univer-

sity still remained unaccepted as the creature of the

State by any clear-cut statement of legislative policy.

The trend toward such a policy was assured with the

state aid legislation of 1896.  In 1906 the Legislature

realized that a statement of policy could be withheld no

longer with regard to the several institutions of higher

learning supported wholly or in part by the State. The

law of ¹⁹⁰⁶⁵⁰ limited Ohio University to a college of

liberal arts, definitely restrained from offering techni-

cal or graduate instruction, except that the usual degree

of Master of Arts might be conferred. This act, there-

fore, became, possibly, the most important legislative

act passed in the history of higher education in Ohio.

It definitely determined the character and direction of

not only Ohio University but of the other state insti-

tutions of higher learning as well.

⁴⁷ Ibid., XCII, 40.

48 Ibid., XCII, 285.

⁴⁹ Ibid., XCIV, 94

50 Ibid., XCVIII, 309.

History of Educational Legislation, 1851 to 1925  237

Three sources of financial support for Ohio Uni-

versity were provided in the legislation of 1906. These

served to insure financial stability and in part determine

the character of the institution. The law provided that

there should be levied an annual tax on the taxable

property of the State, collected as other taxes, and placed

in a fund known as the "Ohio University fund." This

levy amounted to two and one-half one-hundredths of a

mill. In addition, the Legislature was given the right

to make additional appropriations for buildings and

equipment.   The second source of revenue came

through a second tax levy of one and one-half one-

hundredths of one mill for the support of the state nor-

mal school or college in connection with Ohio Univer-

sity. This at once made the University an important

teacher-training institution for the State.  The third

source of financial aid came through the privilege

granted Ohio University to charge tuition of non-resi-

dent students.

No subsequent legislation of importance was

enacted.  Two laws were later passed, of but minor

importance.  The first provided for the reorganization

of the board of trustees.⁵¹ The second, passed two years

later, 1923, made mandatory upon Ohio University and

similar state-supported institutions the admission with-

out examination of all students holding diplomas from

first-grade high schools of the State.

Miami University.--Miami University was incorpo-

rated a few years later than the Ohio University.⁵² It

shared much of the same experiences of the latter Uni-

51 Ibid., CIX, 131.

52 Ibid., VII, 184.

238      Ohio Arch. and Hist. Society Publications

versity. Miami University received its trustees by ap-

pointment of the Legislature.  Prior to 1850 no such

financial aid had been extended to this university as had

been given to Ohio University.⁵³

Miami University received very little legislative at-

tention from 1850 to 1925. Two minor laws concerning

leases⁵⁴ and the qualifications of trustees for the Uni-

versity⁵⁵ were passed in 1862 and 1863. An important

act was passed in 186956 which enlarged the board of

trustees to twenty-seven in number, divided into three

groups, one group to be elected every nine years.  The

law also arranged for the examination of the University

by a committee from the Legislature.

Some years elapsed before the Legislature again took

any action in behalf of Miami University. These were

not uneventful years for the institution, however.

Miami University had been the center of unfortunate

politics and faulty administration.  There had been in-

ternal dissension over the question of slavery, which

alienated some of its adherents and caused a fight to be

waged upon two presidents.⁵⁷ When the school was at

a low ebb in 1854, Dr. John W. Hall was elected to the

presidency.  During his administration the school be-

gan to revive.    When he took the presidency, the

finances of the school were in bad condition.  At the

time of his resignation from the presidency in 1866, the

college had overcome its worst financial troubles and

53 Miller, E. A., op. cit., p. 111 ff.

54 O. L., LIX, 125.

55 Ibid., LX, 122.

56 Ibid., LXVI, 73.

57 McMaken, J. J., "Historical Sketch of Miami University," State Com-

missioner of Common Schools, Thirty-third Annual Report, D. 347.

History of Educational Legislation, 1851 to 1925  239

had a balance of $10,000 to its credit. This condition

did not continue very long.  Under the administration

of the two immediate successors, the school began a

steady decline, until in 1872 a deficit of $10,000 had ac-

cumulated, and the student body had dwindled to almost

one-half the number enrolled in 1866.58  In 1873 the

trustees decided to suspend the school.  The University

remained closed until 1885. During that time the funds

accruing to the University enabled the trustees to pay

all debts and place about $40,000 of the surplus income

into interest-bearing investments.  During this time

of suspended activities as a university, the buildings of

Miami University were leased for use as a private

academy.⁵⁹

The financial condition of Miami University was a

matter of considerable concern to its trustees until the

institution became a state-supported university in 1896.60

At that time Miami shared the good fortune of Ohio

University in the legislation which provided for an an-

nual tax levy on the taxable property of the State for

their support.  The total levy of three one-hundredths

of a mill on the dollar, when the Legislature had not

specified the levy to be otherwise, was divided so that

Miami University received five-twelfths.  In return for

this "state aid," the Legislature required the University

to open her doors to the students of the State without

tuition charge.  From this time forward, Miami Uni-

versity received its principal support from the tax levies

of the State.

⁵⁸ Ibid., 348; Nineteenth Annual Report, p. 140.

59 Orth, S. P.. op. cit., p. 67.

60 O. L., XCII. 40.

240      Ohio Arch. and Hist. Society Publications

Miami University, since 1896, has shared in the gen-

eral prosperity enjoyed by Ohio University, as pre-

viously described. The years 1896 and 1906 are epochal

years in the historical development of the institution.

The first gave the University approximate standing with

Ohio University, and the second insured the institution

a character and a consistent financial policy with respect

to the State.⁶¹ Henceforth, Miami University was to be

essentially a liberal arts college similar to Ohio Uni-

versity with a normal school or college in connection

therewith.  No important legislation affecting the in-

stitution, not also affecting Ohio University, was enacted

for the next twenty years.

Wilberforce University. -- Wilberforce University,

founded in 1856 at Wilberforce, Ohio,⁶² was established

for the education of the negro race.  It was first men-

tioned in the legislation of Ohio in 1870, through an

effort made by the Legislature to secure appropriations

from the United States Government "for the education

of negro teachers."63

Seventeen years later the Legislature authorized the

establishment and maintenance of a "combined normal

and industrial department" at Wilberforce University.⁶⁴

This department was supported and controlled by the

State.  The law provided for a board of trustees to be

appointed jointly by the Governor and the Trustees of

the University.  The board consisted of six members.

Later the number was changed to nine, of which the

61 Ibid., XCVIII, 310.

62 State Commissioner of Common Schools, Forty-ninth Annual Report,

p. 306.

63 O. L., LXVII, 169.

64 Ibid., LXXXIV, 127.

242      Ohio Arch. and Hist. Society Publications

operations and conduct of said normal and industrial de-

partment."

Two years later an appropriation of $2,000 was

made from the general revenue fund of the State for

the department.⁶⁸ In compliance with the provisions of

the act of 1887, the trustees of the department were re-

quired to estimate, annually, the amount needed for the

work of the Normal and Industrial Department of Wil-

berforce University, and report the same to the office of

the Governor. An amendment to the act of 1887 was

passed in 1896, which required the Legislature at inter-

vals of two years to designate a general tax levy on all

the taxable property of the State, for the support of the

Normal and Industrial Department of Wilberforce Uni-

versity. In the event the Legislature should fail at any

time to specify the amount of this levy, the law provided

that for that period the annual levy should be one one-

hundredth of a mill on the dollar of all taxable proper-

ty.69 The appropriations for 1896 and 1898 were fixed at

$19,000 annually.⁷⁰ In return for the benefits of state

aid, the University was required to admit without tuition

charge one or more youth from the districts of each

Senator or Representative, when so appointed by these

men.⁷1 Rather than specify the amount of an appropria-

tion to be made each year from the general income of the

State, the Legislature in 1900 provided for a special tax

levy of "one-hundredth of one mill upon each dollar

valuation of such taxable property" for the support of

the University. This placed Wilberforce University on

68 Ibid., LXXXVI, 392.

69 Ibid., XCII, 156.

⁷⁰ Ibid., XCII, 289; XCIII, 27.

71 Ibid., XCII, 275.

History of Educational Legislation, 1851 to 1925  243

an equality in the matter of tax support with the other

state institutions of higher learning.⁷² The amount of

the tax was modified from time to time to meet the in-

creasing needs of the University and to conform to the

changing values of the taxable property of the State.⁷³

The legislation of 191974 further protected the financial

interests of the University by an enactment which made

it necessary to return to the institution all tuitions and

other funds collected in its behalf.

Ohio State University.--The youngest of the three

universities properly designated as state supported and

controlled institutions was the Ohio State University.

It was organized in 1870 as "The Ohio Agricultural and

Mechanical College." It was established in response to

the act of Congress approved July 2, 1862, which pro-

vided for a grant of 30,000 acres of public land, for each

Senator and Representative to which the State was en-

titled by the census of 1860.⁷⁵ There were several con-

ditions attached to the grant which in substance were as

follows:

1 -- The proceeds from the sale of the land, or from

the issue of scrip which was provided in lieu of land,

were to be invested in United States stocks or other safe

stocks yielding not less than five per cent on the par

value of the stock.

2 -- The money so invested was to constitute a per-

petual fund, never to be diminished; and should there

occur a loss at any time in the capital fund, the amount

of that loss was to be replaced by the State.

72 Ibid., XCIV, 598.

73 Ibid., CII, 266; CIX, 360.

⁷⁴ Ibid., CVIII, Pt. II, 1109.

75 Ibid., LXI, 7-9.

244      Ohio Arch. and Hist. Society Publications

3 -- The money so invested was to become the en-

dowment of at least one college, whose object was "to

teach such branches of learning as are related to agri-

culture and the mechanic arts," not excluding other

scientific and classical studies, including military tactics.

4 -- All expenses for the management and sale of

said land and scrip were to be borne by the State, which

accepted this offer, in order that the total receipts from

such sales might be applied without any diminution

whatever to the purpose of the grant.

5 -- No portion of the fund or interest thereon was

to be used directly or indirectly for buildings or repairs.

6 -- A formal acceptance of this gift was required

from the State within two years after the approval of

the act by the President of the United States.

7 -- The college provided for, under the act, was to

be established within five years from the date of accept-

ance of the gift by the State, or the lands and all money

received from the sale of any portion thereof were to be

returned to the federal government.

The State of Ohio formally accepted these conditions

for the establishment of such a college February 9, 1864.

The amount of land apportioned to Ohio under this

agreement was 630,000 acres.

The new college was not to become a fact for sev-

eral years. Some knotty problems confronted the Legis-

lature before the college could become an actuality. One

of the first things that seems to have occupied the atten-

tion of the Legislators was the matter of disposing of

the land and scrip. In the spring of 1865, an act was

passed which authorized the Auditor, Treasurer, and

Secretary of State to advertise the sale of this land. No

History of Educational Legislation, 1851 to 1925  245

bids were to be accepted for less than one hundred and

sixty acres of land. The price was fixed at eighty cents

per acre as a minimum.⁷⁶ The officers forming the com-

mittee reported the following December that they had

sold 11,360 acres only, and insisted that the price was

too high to insure a ready sale of the land.⁷⁷ The

following year the committee was authorized to sell the

land scrip "at the best price they can obtain for the

same."⁷⁸ With more freedom of action in making land

sales, the committee was able, within a short time, to

report the disposal of most of the scrip at fifty-three

cents per acre. From the sale of this land the State

realized $342,450.80, which was deposited with the state

treasury, bearing six per cent per annum.⁷⁹

After selling the land, the next step was to fix upon

a location for the University. This did not prove to be

an easy task. The Legislature authorized the appoint-

ment of a committee of five, in addition to the Governor

as a member ex officio, and the President of the Ohio

State Board of Agriculture, to receive proposals and re-

port back to the next session of the General Assembly

the proposals received and the judgment of the commit-

tee as to the best location for such an institution.⁸⁰ The

committee was styled a board of trustees for the purpose

of receiving the proposals as well as donations of land

and money for the location of a college in accordance

with the act of Congress of 1862.

76 Ibid., LXII, 189.

77 Clark, P. H., "The Ohio State University," State Commissioner of

Common Schools, Thirty-third Annual Report, p. 358.

78 O. L., LXIII, 139.

79 Cope, Alexis, History of the Ohio State University, Vol. I, 1870-

1910, p. 12.

80 O. L., LXIII, 102.

246      Ohio Arch. and Hist. Society Publications

Two reports were made by the trustees. The ma-

jority report recommended that half of the fund be

applied to Miami University, to reorganize its courses of

study to conform to the requirements of the Congres-

sional land grant. The other half was to be set aside

for the endowment of another college in the northern

part of the State. The minority report suggested that

the location of the university be at the seat of "Farmers'

College" in Hamilton county. Neither of these recom-

mendations was acceptable.⁸¹

Months of wrangling and debate ensued. Some

wanted all of this fund to become the endowment of one

centrally located college. Many of the school leaders of

the state favored this plan. Others suggested that a

Department or Chair of Agriculture be established in

each of the well-organized colleges. This suggestion was

based upon the prevalent idea that the institution was

to be principally an agricultural school.

Finally, on March 30, 1868, with the five-year time

limit for determining the location of the school rapidly

drawing to a close, the Legislature appointed another

Committee which consisted of four senators and eight

representatives, with power to receive proposals for col-

lege sites, donations for buildings, etc.⁸² Liberal over-

tures were received from Worthington, Wooster, Ox-

ford, Urbana, London, and Newark. This committee

also brought in majority and minority reports, both of

which proved unacceptable.⁸³

After eight years of discussion with no apparent

81 Clark, P. H., op. cit., p. 360.

82 O. L. L., LXV, 292.

83 Clark, P. H., op. cit., p. 361.

History of Educational Legislation, 1851 to 1925  247

progress, the Legislature, in 1870, enacted three laws

which settled some of the questions in dispute and took

a long step in the direction of establishing a university

in conformity with the Congressional act. The first law

instructed the Auditor of the State to compute the inter-

est in the endowment fund and set the fund aside as the

endowment of the college, fund and interest to be in-

vested in State bonds.⁸⁴

The second act concerning the college was entitled:

"An act to establish and maintain an Agricultural and

Mechanical College in Ohio."⁸⁵ This act declared "that

a college to be styled the Ohio Agricultural and Mechan-

ical College, is hereby established in this State, in ac-

cordance with the provisions of an act of Congress of

the United States, passed July 2nd, 1862." The object

of this college was "to teach such branches of learning

as are related to agricultural and mechanic arts," with-

out "excluding other scientific and classical studies, and

including military tactics." The control of this institu-

tion was to be in the hands of a board of trustees ap-

pointed by the Governor with the advice of the Senate.

One trustee was appointed from each congressional dis-

trict, with the President of the State Board of Agri-

culture serving as a member ex officio. Complete con-

trol over the conduct of the institution was lodged with

the trustees.  They were empowered to appoint the

faculty and officers, fix salaries, and adopt all rules and

regulations necessary for the conduct of the college. The

trustees were authorized to locate the college perma-

84 O. L., LXVII, 15.

85 Ibid., LXVII, 20.

248      Ohio Arch. and Hist. Society Publications

nently, but not upon a site of less than one hundred

acres.

The third law of importance gave to the several coun-

ties the power to vote levies to the extent of two mills,

and to raise money with which to bid for the location of

the new school.⁸⁶ Many counties at once took advantage

of this opportunity. Champaign and Clark counties

each offered $200,000 in eight per cent bonds. Franklin

county offered $300,000 in seven per cent bonds, and an

additional $28,000 in private pledges. Montgomery

county, through pledges of her people, was able to offer

$400,000 in eight per cent bonds.⁸⁷

With the question of one college or several, finally

settled in favor of one; with the college declared estab-

lished and its functions defined by legislative action; and

with the location of the college placed in part on the basis

of competitive bidding,--the final disposition of the en-

tire question was not far off. The board of trustees met

on October 13, 1870, and decided to accept the bid of

Franklin county. The college was located at Columbus

on a tract of land comprising a fraction more than three

hundred and fifteen acres.⁸⁸

The course of study was the next problem that de-

manded immediate attention. A difference of opinion

was at once apparent. Some insisted upon a purely

agricultural and mechanical curriculum; others thought

the work of the school should be broad in its training.

After months of debate, the board decided in favor of a

curriculum broad in purpose and scope. In October,

86 Ibid., LXVII, 95.

87 Clark, P. H., op. cit., p. 361.

88 Ibid., 362.

History of Educational Legislation, 1851 to 1925  249

1872, the board decided to organize ten departments,

namely: Departments of Agriculture; Physics and Me-

chanics; Mathematics; General and Applied Chemistry;

Geology; Mining and Metallurgy; Zoology and Veter-

inary Science; Botany, Horticulture and Vegetable

Physiology; English Language and Literature; Ancient

and Modern Languages; Political Economy and Civil

Polity.89

In April, 1873, Dr. Edward Orton became the first

president of the college. On September 17, 1873, the

doors of the college were opened for the beginning of

school work. During the first year, about forty students

enrolled for instruction. At two o'clock on the afternoon

of January 8, 1874, the president and faculty were for-

mally installed in their respective offices, at an installa-

tion service held in the Senate chamber in the presence

of the board of trustees, the Governor and the State

officers. The college thus became an established fact

almost twelve years after the Congressional land grant

offer had made it a possibility.90

In 1871, a joint committee of the Legislature was

appointed to investigate the recent act of Congress ap-

proved in February of that year whereby several thou-

sand acres of land in the Virginia Military District had

been ceded to Ohio.⁹¹ Six years later the Legislature

voted that the receipts from the sale of this land should

be credited to the fund of the Ohio Agricultural and

Mechanical College.⁹²

89 Ibid., 363.

90 Ibid., 364.

91 O. L. L., LXVIII, 220.

^{92 I}bid.. LXXIV, 539.

250      Ohio Arch. and Hist. Society Publications

The exact amount of land included in this gift to the

State is not accurately known. About 77,000 acres had

been discovered and reported to the University by No-

vember of 1885.⁹³ The total of receipts realized from

these lands by November 15, 1891, was a little in excess

of $63,000. About one-third of this money had been

added to the endowment fund, while the most of the re-

mainder had been spent in buildings for the new college.⁹⁴

A number of laws of minor character were passed

between 1871 and 1878. One of the most important of

these provided for the establishment of a School of

Mines and Mine-Engineering in the new college. The

act provided for a professor; and an appropriation of

$4,500 was voted for the equipment of a laboratory.95

In 1878, the name of the Ohio Agricultural and Me-

chanical College was changed to "The Ohio State Uni-

versity," and the college was reorganized. Under the

reorganized plan, the trustees were to consist of seven

members, appointed by the Governor with the advice of

the Senate. The trustees were appointed to hold office

for a term of seven years, with one vacancy to be filled

each year. No relative of a trustee by marriage or blood,

was to hold a professorship in the institution. The same

powers enjoyed under the old college organization were

delegated to the new board of trustees under the reor-

ganization plan.⁹⁶

The legislation for two decades from 1879 forward,

was concerned almost entirely with the financial side of

93 Clark, P. H., op. cit., p. 359.

94 Cope, Alexis, op. cit., p. 59.

95. O, L., LXXIV, 216.

96. Ibid., LXXV, 126.

History of Educational Legislation, 1851 to 1925  251

the institution's welfare. An act passed in 1885 re-

quired all lands under lease from the Ohio State Univer-

sity to be subject to taxation. The tax, when collected,

was to be paid over to the University in lieu of rents due

the school.⁹⁷ A general law applying to all institutions

of the State was passed, which made it an offense pun-

ishable by a fine for any officer to permit or contract

debts or create a deficiency in the name of the institu-

tion.⁹⁸

Some difficulty was experienced both by the State

and the University over the land in the Virginia Military

District, which was ceded to the State by act of Con-

gress in 1871, and applied to the fund of the University.

Some of the people claimed possession to some of this

land under claim title to unpatented survey land in the

District. The University was authorized to demand

of these claimants certified copies of the deeds upon

which their claims were based, and the school could re-

quire a certified copy of the unpatented survey in which

the land was situated, as evidence to satisfy the board

that such land had not been surveyed. The trustees were

then required to issue deeds of conveyance to the parties

whose claims were legal. The Auditor of the State was

required to pay to the endowment fund of the University

the sum of one dollar per acre for all land included in the

claims for which the University granted deeds of con-

veyance.⁹⁹ Both in 1898100 and 1900101 the Legislature

made appropriations for the relief of persons who for-

97 Ibid., LXXII, 116.

98 Ibid., LXXXVI, 76.

99 Ibid., LXXXVI, 92.

100 Ibid., XCIII, 257.

101 Ibid., XCIV, 117.

252        Ohio Arch. and Hist. Society Publications

merly held property in the unpatented lands in the Vir-

ginia Military District.

During the 'nineties, the University developed rap-

idly. A number of new buildings were erected. This

necessitated the securing of funds in advance of appro-

priations. The board of trustees was authorized to issue

certificates of indebtedness signed by the president and

secretary of the board. The certificates were to bear

interest at the rate of six per cent. A blanket permit to

issue certificates was never given. The amounts were

always stated, beyond which the trustees could not go.102

In 1890 Congress made another grant for the benefit

of colleges of the class provided for in the grant of July

2, 1862. In 1891 the Legislature made an appropria-

tion of $15,000 for 1890, and a $10,000 increase per year

for ten years, after which $25,000 was to be paid yearly

to the University, to meet the requirements of the Con-

gressional act of 1890, so that Ohio might secure the

benefits of added endowment from the sale of public

lands through this Congressional act.¹⁰³

102. Ibid., LXXXVIII, 591; LXXXIX, 321; XCI, 62; XCII, 191; XCIII,

109.

103 Ibid., LXXXVIII, 519.

104 The Congressional Act of 1890 provoked a lengthy and heated con-

troversy between the supporters of the Ohio State University and those

of Wilberforce University. A provision in the Act, inserted for the benefit

of the Tuskegee Institute by Senator Pugh of Alabama, gave the states the

privilege of dividing the fund where they had separate institutions for the

training of negroes and whites. Ohio State University had never made

racial distinctions in the admission of students and therefore claimed the

entire benefits of the grant. Wilberforce University, a school exclusively

for colored students, naturally demanded a share in the annuities realized

from this act. The Legislature, after a long political fight, gave the entire

annuity to Ohio State University. Cope, Alexis, History of the Ohio State

University, Vol. 1, 1870-1910, p. 130 ff.)

History of Educational Legislation, 1851 to 1925  253

The appropriations from the Legislature and the

financial reports of the trustees of the University, show

the rapid development of the institution and its increas-

ing financial needs. The total receipts from all sources

in 1878 were $35,000 for the University, while the total

of the endowment fund on January 1st of that year

amounted to $501,952.56.105 A similar report for the

year 1899 revealed the total receipts of the University

for that year to have reached the sum of $277,573.06.10⁶

The total endowment of the school, as part of the irredu-

cible fund of the state, reached the sum of $552,617.66

by June 30, 1899, and the interest on this sum amounted

to $33,157.16.¹⁰⁷ In 1925 the irreducible debt had

reached $1,091,689.58 the interest from which brought

the university $65,501.00. The legislative appropria-

tions for the University in 1900 alone amounted¹⁰⁸ to

$185,000 and to $4,024,031.00 for the year 1925. Tui-

tion for this year provided an additional revenue of

$499,025.00.109

The enormous increase in the cost of operation of

the University is evidenced by the total receipts of

$6,129,292.46 and expenditures of $6,129,495.77 for the

year 1925.110

The years 1900 to 1925 may be characterized as the

years of expansion. The general outlines of a financial

105 Board of Trustees of the Ohio State University, Eighth Annual

Report, pp. 88, 91.

106 Ibid., Twenty-Ninth Annual Report, p. 14.

107 Ibid., 13.

108 O. L., XCIII, 28.

109 These data are quoted from a letter received from Mr. Carl E.

Steeb, Business Manager for the University, under date of July 9, 1928.

110 Superintendent of Public Instruction, Seventy-second Annual Report,

pp. 280, 281.

254      Ohio Arch. and Hist. Society Publications

policy for the university had been established. Atten-

tion now centered upon the enlargement of the work if

the institution were to meet the growing demands of the

State.

There had developed a conviction on the part of

many that the University should extend its services tO

different communities of the state. In response to that

demand, the Legislature in 1909111 authorized the College

of Agriculture and Domestic Science of the University

to "arrange for the extension of its teaching throughout

the State." Instruction was to be given in soil fertility,

stock raising, crop production, dairying, horticulture, do-

mestic science and related subjects. Schools were not to

be set up for a longer period than one week, and but one

such school per year could be held in each county. In

addition to the more formal type of work the University

was authorized to give instruction and demonstrations in

agriculture at agricultural fairs, institutes, granges,

clubs, and organizations of similar interests. Instruc-

tion by mail also was made a feature of the College of

Agriculture. The work proved so successful that four

years later the Legislature authorized the establishment

of "a university extension division for the purpose of

carrying on educational extension and correspondence

instruction throughout the State."¹¹² Practically every

phase of university instruction was thus opened to the

remotest corner of Ohio. Not only that, but the broad

outlines of the law and evident purpose of the Legisla-

ture made available to individuals and communities the

most complete and practical service possible from the

111 O. L., C, 11.

112 Ibid., CIII, 662.

History of Educational Legislation, 1851 to 1925  255

university. This consciousness of the service function

of the great educational institutions of the State marks

an outstanding achievement of the University in its re-

lation to its constituency.

The next step in the University's program of expan-

sion came with the establishment of a high school build-

ing on the campus. This made possible a practical type

of teacher-training service and provided as well the fa-

cilities for experimentation and research so necessary

for the fullest possible service of the University to the

Commonwealth."113

Two years later a College of Medicine and a College

of Dentistry were added to the enlarged program of the

institution.¹¹⁴ The intent of the law assumed the con-

solidation of some existing private schools with those

created by the State. In the same year an engineering

experimental station was authorized and located on the

University campus, affiliated with and operated in con-

nection with the College of Engineering."¹¹⁵

The last important legislation in this period of the

University's expansion came in 1915.116 when a State Ag-

ricultural School was established at New Lyme, Ashta-

bula county. This school was under the direct control

of the trustees of Ohio State University. The trustees

and faculty of the University were required to provide

such instruction in the practical, scientific and classical

subjects as would prepare the students "for efficient citi-

zenship, for vocational and industrial pursuits, and for

113 Ibid., CII, 297.

114 Ibid., CIII, 344.

115 Ibid., CIII, 647.

116 Ibid., CVI, 320.

256      Ohio Arch. and Hist. Society Publications

admission to colleges and universities." This of course,

gave the new institution essentially the status of a sec-

ondary school. The reason for this unusual step seems

to have been the desire to merge the New Lyme Institute

of New Lyme with the University.

The growth of Ohio State University since its es-

tablishment has been phenomenal. The major lines of

that development, as traced through the legislation of

the period, reveal how completely the people of the State

have assumed the importance of the University and given

it whole-hearted support. As a result, Ohio State Uni-

versity has achieved a position of eminence that gives it

rank among the foremost of the higher institutions of

learning in the United States.

City Supported Universities

University of Cincinnati.--The University of Cin-

cinnati had its origin in the will of Charles McMicken,

who died in 1858, leaving part of his estate as an en-

dowment for the establishment of such a university.

The University was formally organized in the year

1874.117 It was first opened for instruction in 1875.118

Mr. Vickers, the first president, was elected to that office

in 1878 under the title of Rector.¹¹⁹

The first legislation in behalf of the institution was

passed in 1870, under a general law applicable to cities

of the first class with a population of 150,000.120 The

common council of Cincinnati was empowered to accept

¹¹⁷ The Citizens' Committee on University Affairs, Cincinnati, Ohio,

Final Report, 1900, p. V.

118 Ibid., 53.

119 Idem.

120 O. L., LXVII, 86.

History of Educational Legislation, 1851 to 1925  257

any property or funds given for the establishment and

maintenance of a college or university, for the promotion

of free education. The city, as trustee for these funds

or properties, was "perpetually obligated and held to

observe and execute such trust." The board of trustees

consisted of nineteen members, the mayor of the city

being one of the trustees, from the nominations submit-

ted to the council by the board of education of the city.

The term of office of the trustees was six years, three

being elected each year.   Later legislation  required

twelve of the trustees to be elected from nominations

made to the council by the superior court of the city,

where there was such a court.¹²¹ The board of trustees

was given complete management and control of the prop-

erty and funds given in trust for the University; and of

the government, conduct, and control of the institution.

The trustees were authorized to appoint the president,

faculty, and other agents of the institution; exercise or

delegate the government, admission, and control of stu-

dents, courses of study, and other internal affairs to the

faculty; and the trustees could confer "such degrees and

honors as are customary in universities or colleges in the

United States."

The common council of the city was empowered to

set aside, or appropriate, any part of the public grounds

and buildings of the city, not otherwise especially appro-

priated or dedicated by city ordinance for other pur-

poses,¹²² as a site for the buildings and grounds of such

a municipal university. Upon the application of the

board of directors of such university, the board of educa-

121 Ibid., LXXVIII, 178; LXXXVI, 292.

122 Ibid., LXVII, 86; LXXXIX, 251.

Vol. XXXIX--17.

258      Ohio Arch. and Hist. Society Publications

tion of the city was authorized to levy a tax on the tax-

able property of the city, not to exceed one-tenth of one

mill on the dollar, for the support of the institution. The

board of education was further required to levy a tax of

not less than three-hundredths nor more than five-hun-

dredths of one mill on the dollar, annually, for the es-

tablishment and maintenance of an astronomical obser-

vatory in connection with the University.¹²3 The amount

of the general levy for the support of a municipal univer-

sity in cities of the first class, first grade, was later in-

creased to three-tenths of a mill on the dollar, as the

maximum which might be assessed by the board of edu-

cation.¹²⁴ In return for this interest and support on the

part of the city of Cincinnati, the University was at first

required to admit all children of citizens of the city with-

out tuition charge.¹²⁵ Later, free tuition was compul-

sory only in the academic department. The board of

directors was given discretionary power to admit stu-

dents of Hamilton county to all departments without

charge.126

Two schools that were affiliated with the University

of Cincinnati underwent a modification of their relation-

ship to the University near the close of the century. The

Art School of Cincinnati, which had been under the

management of the University, with its property and

funds, was transferred to the control of the trustees of

the Cincinnati Museum Association.127 In 1892 the Cin-

cinnati College was merged with the University of Cin-

123 Ibid., LXVII, 86; LXXV, 133.

124 Ibid., XC, 150; XCIV, 399.

125 Ibid., LXVII, 86.

126 O. L. L., LXXXI, 214.

127 Ibid., 214.

History of Educational Legislation, 1851 to 1925  259

cinnati. The management of the college came under the

jurisdiction of the board of directors of the University.

The endowment funds of the college were administered

by the board of directors for the purposes for which they

were originally intended.1²⁸

For almost twenty years a building erected on the

grounds of the old McMicken homestead housed the

University of Cincinnati. In 1890 the city set apart for

the new site of the University, a tract of forty-three

acres in Burnet Woods Park. On this site four buildings

had been built or were in the process of erection in 1900.

The Medical and Law Departments were at this time

occupying two separate buildings in the city.¹²⁹ Under

these conditions the McMicken property, with the re-

strictions imposed in the will of Mr. McMicken, became

of little value, and the Legislature authorized the Uni-

versity to sell or lease the property as it deemed best.¹³⁰

Higher education supported and under the control of

municipalities became a subject of general legislation

after 1900. Our discussion, therefore, of the laws that

apply to the University of Cincinnati from 1900 to 1925

must contemplate similar application to the University

of Toledo and later to the Municipal University of Akron

established in 1913. The legislation of this period did

not affect the general policies already established for

these institutions. The new laws and amendments to

existing statutes related almost wholly to the financial

affairs of the universities concerned. For example, the

legislation of 1904 dealt with such problems as the

128 Ibid., LXXXIX, 647.

129 Citizens' Committee, Report, op. cit., p. 5,

¹³⁰ O. L. L., XCIV. 471.

260        Ohio Arch. and Hist. Society Publications

amount of tax levies possible and proper methods of dis-

bursement¹³¹; the right to accept trust funds and their

proper administration; the free admission of citizens of

municipalities to municipally controlled universities, and

the right of cities to set apart or appropriate grounds for

university purposes. A law of considerable importance

to the University of Cincinnati, passed in 1908,132 gave

the municipalities the right to issue bonds for the erec-

tion of buildings or to provide equipment for universities

under their control. This liberal attitude towards such

institutions encouraged their fuller development. Fur-

ther favor was shown this type of university by the act

of 1911133 which exempted from taxation all property of

such universities used either for sites or for revenue.

Toledo University.--Toledo University was founded

as a private university in 1872, when "Jessup W. Scott

and wife conveyed to certain selected trustees 160 acres

of land near the city of Toledo for the purpose of estab-

lishing 'an institution for the promotion of knowledge

in arts and trades and other related sciences'." The in-

stitution was incorporated as "The Toledo University of

Arts and Trades." In 1884 the council of the city of

Toledo adopted an ordinance "establishing Toledo Uni-

versity as the University of the City of Toledo."¹³⁴

131 O. L., XCVII, 544.

132 Ibid., XCIX, 133.

133 Ibid., CII, 32. That the legislation referred to above applied to the

University of Cincinnati, Toledo University, and later to the Municipal

University of Akron, may be verified by references to the application of the

law in Court Opinions and Opinions of the Attorney General cited in con-

nection with these sections in the Ohio School Laws 1915 and Ohio School

Laws 1922.

134 University Education, A book Outlining the University Opportunities

Offered by the City of Toledo in the Day Sessions of Its University, 1921,

p. 7.

History of Educational Legislation, 1851 to 1925  261

The first legislation concerning the University,

passed in 1873, made the laws enacted in behalf of the

University of Cincinnati applicable to Toledo Univer-

sity, except that the board of directors for the latter

institution was to consist of thirteen members, and the

tax levy of the city for the support of the University

was not to exceed one-half of one mill on the dollar of

taxable property of the city.¹³⁵ The second act, spe-

cifically relating to Toledo University, changed the board

of directors to five members, maintained the tax levy at

one-half mill as a maximum, and made all laws passed

concerning the University of Cincinnati apply to Toledo

University.¹³⁶ Thereafter all legislation in behalf of

municipal universities was general in character.

Professional Training

Professional training was just beginning to receive

serious legislative attention in 1851. Prior to that time

little had been done to provide training for those who

engaged in the practice of the various professions. Only

meager efforts had been put forth to regulate the quali-

fications of candidates for professional life.

Medical Education.--The practice of medicine was

one of the first professions to become the subject of leg-

islative enactment. As early as 181137 the State was

divided into five medical districts under as many boards

of medical examiners. It was obligatory upon anyone

desiring to practice medicine to obtain a license from one

of these examining boards. The first medical school in-

135 O. L., LXX, 117.

136 Ibid., XCIV, 241.

137 Ibid., LX, 19.

262      Ohio Arch. and Hist. Society Publications

corporated in the State was the Medical College of Ohio,

located at Cincinnati in 1819.138 Eleven institutions

were chartered for medical and surgical training prior

to 1851.139

In 1851 the Cincinnati College of Medicine and Sur-

gery was incorporated with thirteen trustees who en-

joyed perpetual succession. The president of the col-

lege was made a member ex officio of the board of trus-

tees. Complete control of the institution was delegated

to the trustees.  Upon the recommendation of the

faculty, the trustees were authorized to confer the de-

gree of Doctor of Medicine and to grant diplomas.

A number of laws were passed from 1851 to 1900

regulating certain phases of the conduct of medical

schools. In 1875 the Legislature authorized the faculty

of the Medical College of Ohio to give free medical ser-

vice and advice to the patients of the Commercial Hos-

pital of Cincinnati, in consideration of which the medical

students of the school were admitted to observe the op-

erations conducted by the surgical staff. The Legisla-

ture took an interest in the need of human bodies for

dissection purposes for the medical schools. In 1881, an

act was passed which permitted medical schools to re-

ceive the unclaimed bodies from the state institutions,

upon the application of the professors of anatomy of

recognized medical schools. The body was not to be

delivered to the school until twenty-four hours after the

death of the person unclaimed.¹⁴⁰

After the passage of the first few laws in the early

138 Ibid., XVII, 37.

139 Miller, E. A., op. cit., pp. 115-116.

140 O. L., LXXVIII, 33; LXXXI, 92; XCIII, 84.

History of Educational Legislation, 1851 to 1925  263

part of the century, little attention was given the subject

of medicine and surgery until 1881. In that year the

practice of medicine and surgery was forbidden unless

the practitioner had attended two full courses, and had

graduated from a school of medicine either in America or

a foreign country, and had a certificate to verify these

facts. An exception to the rule was made for those who

had practiced continuously for ten years. They were

considered to have met the requirements of the law.

Those who had been practicing for only five years were

given two years in which to comply with the law.¹⁴l

Four years later the Legislature went a step further, and

required the practitioner of medicine and surgery to be

a graduate of "a reputable school of medicine in the

United States or a foreign country," or to hold a certif-

icate of qualification from a state or county medical so-

ciety, and be of good moral character.¹⁴² This did not

seem to eliminate the undesirables. In 1896 a board of

examiners was established with the representatives

evenly divided among the qualified institutions of the

State. Candidates for a license must present evidence

of graduation from a legally chartered medical school

in good standing. Practicing physicians and surgeons

were required to be examined by the board as to their

medical and surgical knowledge.¹⁴³ By further legis-

lation in 1900, all candidates for certificates as medical

doctors, druggists, and midwives, were required to pre-

sent diplomas showing their A. B. or B. S. degrees, high

school and seminary training, and medical diploma or

141 Ibid., LXXVIII, 183.

142 Ibid., LXXXII, 218.

143 Ibid., XCII, 44.

264      Ohio Arch. and Hist. Society Publications

license then held, before they could be admitted to the

examinations by the State Board of Examiners.144

In ^1908145 and again in 1913146 the law was modified by

the provision that the State Medical Board should "ap-

point an entrance examiner who shall not be directly or

indirectly connected with a medical college and who

shall determine the sufficiency of the preliminary educa-

tion of applicants for admission to the examination."

When the educational credentials of the candidate for

admission to the examination for the practitioner's cer-

tificate in medicine or surgery were not satisfactory, the

examiner became sole judge of the sufficiency of the can-

didate's education which he must certify to be equivalent

to graduation from a first-grade high school. The State

Medical Board was later authorized to modify the edu-

cational requirements for specialized phases of medical

or surgical practice.¹⁴⁷

The practice of midwifery was further subjected to

rigid educational and professional requirements. The

same educational standards for admission to certifica-

tion that governed candidacy in medicine now applied to

midwifery. The minimum age was set at twenty-one,

and graduation from a legally chartered school of mid-

wifery required.¹⁴⁸

Closely allied with the practice of medicine, is the

profession of pharmacy. In 1878 the need of legislation

regulating pharmaceutical practice was recognized. In

cities of the first class, the judge of the Court of Com-

144 Ibid., XCIV, 197.

145 Ibid., XCIX, 497.

146 Ibid., CIII, 438.

147 Ibid., CVI, 202.

148 Ibid., XCIX, 500; CIII, 438.

History of Educational Legislation, 1851 to 1925  265

mon Pleas was empowered to select a board of exam-

iners for pharmacy, from ten of the leading pharmacists

of the city. The nominations were submitted by trustees

of Colleges of Pharmacy or Associations of Pharma-

cists which were duly incorporated. Candidates were

required to pass an examination before this board be-

fore they could secure a license to engage in the practice

of pharmacy.¹⁴⁹ In 1884 the law was made general. The

Ohio State Pharmaceutical Association was required to

submit to the Governor ten names of pharmacists, of ten

years' experience, from which names he selected five to

constitute the Ohio Board of Pharmacy. All drug stores

and other places of business dealing in medicines, were

required to be in charge of registered pharmacists.¹⁵⁰

Violations of this law were punishable by a fine of $50.151

In 1898 the law specified that registered pharmacists

must have had at least four years of practical experience

as assistants before obtaining a license.  Every year

spent in a school of pharmacy was deducted from this

apprenticeship  requirement.¹⁵² The  standards  were

made more rigid with the enactment of legislation in

1915 and 1919.153 An entrance examiner appointed by

the State Board of Pharmacy with similar duties to that

of the entrance examiner for Medicine was authorized.

After January 1, 1920, graduation from a first-grade

high school or its equivalent was required for admission

to a school of pharmacy.

The practice of dental surgery was a subject of

149 Ibid., LXXII, 16.

150 Ibid., LXXXI, 61.

151 Ibid., LXXXIV, 220.

152 Ibid., XCIII, 181.

153 Ibid., CVI, 329; CVIII, Pt. I, 254.

266      Ohio Arch. and Hist. Society Publications

special legislation from 1868 to 1900. In 1868 a law

was passed which required all dentists to be graduates

of a dental college duly incorporated under the state

laws of this country or some foreign country.¹⁵⁴ A law

was passed in 1892,155 which created a special state board

of examiners. From this board all dentists were re-

quired to secure a certificate before July 4th of that year.

A written examination was required of all candidates

for licenses who had not been graduated from a reputa-

ble school of dental surgery prior to July 4, 1889, and

had not been in constant practice since that date. All

others were required to submit their credentials before

they could secure a license.

In 1894 an attempt was made to define what was a

reputable dental college. A dental college was recog-

nized as a reputable dental school, in the true meaning of

the law, when under state control, or organized, con-

trolled and governed by a board of trustees such as was

provided for the government of colleges of medicine,

with a graded course covering three years of six months

each, and a curriculum including anatomy, physiology,

histology, pathology, chemistry, microscopy, materia

medica, metallurgy, and mechanical and surgical den-

tistry.¹⁵⁶

But one law of educational significance was enacted

in the next quarter of a century that bore upon the prac-

tice of dentistry. In the general stiffening of the educa-

tional requirements for the professions that took place

154 Ibid., LXV, 165; LXX, 58.

155 Ibid., LXXXIX, 237.

156 Ibid., XCI, 407. Reference to the establishment of a medical and

dental college at Ohio State University was made in the discussion of the

University's expansion on page 255.

History of Educational Legislation, 1851 to 1925  267

about 1915, the practice of dentistry was not overlooked.

A law of that date157 made applicable to the practice of

dentistry approximately the same educational standards

as applied to the practice of medicine and surgery. Grad-

uation from a first-grade high school or its equivalent

automatically admitted the candidate to the right of a

certificate of admission to a reputable dental school. The

Superintendent of Public Instruction was authorized to

issue certificates. When candidates had to submit to

examination to determine their educational requisites

that duty also devolved upon the office of the State Su-

perintendent of Public Instruction, or county superin-

tendents so designated by him.

Educational prerequisites also were applied to the

practice of osteopathy.¹⁵⁸ These requirements were

even more rigid than those applied to the practice of

medicine. In addition to the general standards set up

for medicine and osteopathy alike, the candidate for an

osteopathic certificate must show a diploma "from ??

reputable college of osteopathy," and must have passed

a successful examination before an osteopathic commit-

tee in the subjects of "pathology, physiological chemis-

try, gynecology, minor surgery, osteopathic diagnosis

and the principles and practice of osteopathy."

Two other groups associated with the medical pro-

fession, that of nursing and optometry, were subjected

to educational standardization in 1915 and 1919. Gov-

erning the profession of nursing, the law stipulated that

"on and after January 1, 1916, no person shall practice

nursing as a registered nurse in this state without first

157 Ibid., CVI, 297.

158 Ibid., XCIX, 501; CVII, 152.

268      Ohio Arch. and Hist. Society Publications

complying with the requirements of this act.¹⁵⁹ The pro-

visions of this act as subsequently amended in 1919160

required candidates to have reached the age of twenty-

one years and be of good moral character; to meet the

general educational requirements specified for candidates

for certification to practice medicine; and to be in pos-

session of a diploma of graduation from a recognized

training-school for nurses connected with a hospital or

sanitarium.

Similar educational standards were established for

those entering upon the practice of optometry. After

January 1, 1920, those who had been engaged in the

practice of optometry for two years were required to

submit to a limited examination as designated by law.

Other candidates were required to show completion of a

course equivalent to two years of work in a first-grade

high school and graduation from a reputable school of

optometry; to show certification of good moral character

and to have reached their legal majority before admis-

sion was granted to a somewhat rigorous examination

for a certificate to practice.161

Legal Education.--Prior to 1851 only two legisla-

tive acts were recorded on the subject of legal training.

Both of them concerned the qualifications of candidates

who sought admission to the bar.¹⁶² The later legisla-

tion, incidentally, carried with it the mention of the ex-

istence of a law department in the Cincinnati College.

The burden of the legislation after 1851 was con-

cerned with the qualifications of candidates for the bar.

159 Ibid., CVI, 191.

160 Ibid., CVIII, Pt. I, 48.

161 Ibid., CVIII, Pt. I, 73.

162 Ibid., XVII, 82; O. L. L., XLIV, 157.

History of Educational Legislation, 1851 to 1925  269

Some minor laws were passed before 1885 on the sub-

ject,¹⁶³ but the first important act was of that date.¹⁶⁴

This law provided that in any county where a law col-

lege, or college or university with a department of law,

was to be found, the Circuit Court was required to ap-

point upon application of the president and faculty of

the college a committee of three to seven attorneys to

attend the graduation exercises and examine the grad-

uates as to their fitness to practice law. A certificate

signed by this committee was sufficient evidence of the

candidate's qualifications to practice law. In 1890, the

duty of appointing this committee of investigation was

transferred to the Supreme Court of the State. If the

committee certified members of the class as worthy of

admission to the bar, and the president of the institu-

tion or department of law of the college certified to the

fact that the students had completed the full course of

study and were of good moral character, the Court was

authorized to admit them to the practice of law.¹⁶⁵

Provision was also made that persons who had spent

at least two years in study under the direction of a prac-

ticing attorney could be admitted to the examinations

for a license. It was necessary that the practicing at-

torney who gave the examination should give the candi-

date a certificate indicating the time of his apprentice-

ship and that he was of good moral character.¹⁶⁶ Later,

the time of apprenticeship was raised to three years.¹⁶⁷

163 O. L., LIII,  ; LXV, 88.

164 Ibid., LXXXII, 16.

165 Ibid., LXXXVII, 19.

166 Ibid., XC, 132.

167 Ibid., XCI, 124; XCIII, 308.

270      Ohio Arch. and Hist. Society Publications

In 1914168 graduates of first-grade high schools were

made eligible for admission to any law school of the state

when they had met the science and language courses re-

quired by such institutions.

Since 1852, when the Legislature delegated its au-

thority to incorporate institutions of higher learning, it

has been difficult to determine the number of schools or

departments of colleges devoted to the training of can-

didates for the legal profession. An act of 1893 made

appropriations for the support of the law department of

Ohio State University, and thus accidentally gives in-

formation of the existence of the legal department

there,¹⁶⁹ The annual report of the State Commissioner

of Schools included the reports of only two schools

where legal training was specified in 1900 and but one

in 1920. That there were more schools or departments

of law in the State, is of course well known.

Theological Education.--There was very little legis-

lation on the subject of theological education. Three

schools definitely bearing in their names the suggestion

of their theological function were incorporated before

the year 1850.170 The Western Literary and Theological

Seminary of the Reformed Presbyterian Church was in-

corporated by legislative action in 1851.171 The only other

legislation referring to the subject is found in the act of

1869, in which the general incorporation law of 1852

was amended to include the possibility of incorporating

168 Ibid., CIV, 125.

169 Ibid., XC, 253.

170 Miller, E. A., op. cit., p. 116.

171 O. L., XLIX, 5.

History of Educational Legislation, 1851 to 1925  271

institutions of higher learning for the advancement of

theological knowledge.¹⁷²

CHAPTER V.

EDUCATIONAL LEGISLATION FOR SPECIAL CLASSES

Education of Defectives

The Deaf and Dumb.--Attention was given to the

care of the deaf and dumb early in the history of the

State. The first act of the Legislature in behalf of these

unfortunates was passed in 1822.1 The law authorized

the county commissioners to appropriate money for the

care and education of deaf and dumb children, when

their parents or guardians found it impossible to pay for

their instruction. The first asylum for such children,

was brought into being in 1827,2 with the incorporation

of the "Trustees of the Ohio Asylum for Educating the

Deaf and Dumb." The school was operated under

the direction and control of the General Assembly. The

treasury of the State could be drawn upon for the sup-

port of one indigent student from each judicial circuit,

for a period not to exceed three years. The trustees of

the institution were dependent upon private donations

for the principal support of the asylum.

State support of the deaf and dumb was a gradual

development in Ohio. The first grant of money by the

Legislature for an asylum occurred in 1828.³ From that

time forward various amounts were appropriated for

the institution. In 1846 the Legislature appears to have

172 Ibid., LXVI, 14.

1 O. L., XX, 49.

2 Ibid., XXV, 87.

3 Ibid., XXVI, 4

272      Ohio Arch. and Hist. Society Publications