the State by the University. The total number of institutions receiving aid from this fund for the year 1894 is 375, and we are informed that the amount received by each institution is, for the most part, expended in the purchase of books.

The investment of the common school, United States deposit and literature fund is provided for by the Revised Statutes. (See 8th edition, vol. 1, page 568 to Section 4, and by chapter 50, of the Laws of 1889.) This confines the investments to public securities of the United States, of this State and of the cities, villages, towns, counties, and union free school districts of the State.

Your committee is of the opinion that the provisions of the present constitution with reference to these funds need no revision or amendment. The Constitution provides for the investment of all the permanent educational funds of the State, except the college land scrip fund, and there seems to be no sufficient reason for a disturbance of the settled policy of the State upon this comparatively unimportant point.

Your committee do not think that the fund known as the College Land Scrip Fund, the interest on which is now paid to Cornell University under the provisions of chapter 585 of the Laws of 1865, can ever be diverted from its present purpose. It is controlled entirely by the conditions imposed by the act of Congress, passed July 2, 1862, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agricultural and mechanical arts."

These conditions were accepted by this State in chapter 460, Laws of 1863, which regulates the creation of the fund and the disbursements of the interest arising therefrom. In 1865 Ezra Cornell, Horace Greeley and other citizens, were allowed by an act passed April twenty-seventh of that year, to form a corporation to be known as Cornell University, located at Ithaca, the object of which was to teach such branches of learning as applied to agricultural or mechanical arts, including military tactics. This charter was evidently framed for the purpose of bringing Cornell University directly within the scope of the act of Congress above referred to and the laws of 1863 ratifying said act. In the act granting the charter, paragraph six, it says:

"The income, revenue and avails received from the investment of the proceeds of the sale of the lands or the scrip thereof, or any

part thereof, granted by the act of Congress, shall be appropriated and from time to time paid over, as soon as received, to the trus tees of said corporation, provided, however, that no part of said interest shall be paid until Ezra Cornell has given absolutely, and without any limitation, to said corporation the sum of five hundred thousand dollars, and the sum of twenty-five thousand dollars to the Genesee college, situate at Lima, in this State."

These conditions having been complied with, the Regents directed, in pursuance to the Laws of 1865, above referred to, that the interest of the land scrip fund be paid over to the trustees of Cornell University. It would seem, therefore, that the capital sum of the land scrip fund is protected by the conditions contained in the act of Congress, passed July 2, 1862, and accepted by the State of New York by chapter 460, Laws of 1862, and that the income of such fund is directed, disbursed and expended by the trustees of the Cornell University according to the terms of their charter contained in the act passed April 27, 1864. All of these acts constitute, in the opinion of your committee, a solemn compact between the United States, the State of New York and the trustees of the Cornell University, for the purpose of securing the safety of said fund and the proper expenditure of its interest. Should Cornell University cease to exist this fund would, still remain sacred and inviolate, and could not be used or expended for any other purpose, other than that provided for in the several acts.

We do not think, therefore, that it is necessary to mention this fund in any constitutional provision that may be framed for the purpose of protecting the educational funds of the State.

SECTARIAN APPROPRIATIONS.

The first sentence of the last section of the proposed article needs no explanation or defense. In the opinion of the committee there is no demand from the people of the State upon this convention so unmistakable, widespread and urgent; none, moreover, so well grounded in right and reason, as that the public school system of the State shall be forever protected by constitutional safeguards from all sectarian influence or interference, and that public money shall not be used, directly or indirectly, to propogate denominational tenets or doctrines. We have sought to give the clearest and strongest

expression possible to these principles in the proposed section. The arguments in favor of such a provision are, in our opinion, conclusive, and the objection that it will result in making the schools Godless," or that such a constitutional prohibition would imply on the part of the people enacting it, hostility, or even indifference, to religion, seem to us to be both groundless and absurd. In adopting this section the Convention will, in our opinion most effectively aid all that is highest and best in religion; for by establishing the principle that State education must necessarily be secular in its character, the field is left open beyond question or misunderstanding for religious teaching in the family, the Sunday school and the church. The almost inevitable question has been raised in considering the language which we have adopted, as to whether the use of the words "denominational tenets or doctrines" will in any way interfere with the reading of the Bible in public schools and institutions of learning. Our attention has been called to the case of The State ex rel. Weiss against the District Board of School District No 8 in the city of Edgerton in the 76th vol. Wisconsin reports, page 177, in which the Supreme Court of the state of Wisconsin decided that a prohibition of “sectarian instruction" prevented the reading of the Bible. Without discussing the merits of the case or the soundness of the position taken by the Wisconsin court, it will suffice to say that in the opinion of your committee the words proposed by us cannot with any reasonable interpretation or construction be taken to prohibit the reading of the Bible in the public schools. We are aware of the fact that explanatory words on the part of the committee, or even of this Convention, are in no sense binding upon a judicial tribunal in construing or interpreting a constitutional provision, but we nevertheless consider it proper to put on record our own interpretation of the words which we submit to the Convention for its adoption.

There is one exceptional case provided for in the first sentence of this section, in which public money may be used in connection with a sectarian school or institution of learning, and that is contained in the words, "otherwise than for examination or inspection" of such institutions. This exception, in our opinion, in no way affects the principle, except in so far as it emphasizes even more strongly the interest and latent power of the State with regard to

all institutions of learning. Without the words last quoted the question might be raised, whether the section would not prohibit even the trifling expenditure necessary for the inspection and examination of denominational schools which are now connected with the University of the State of New York, and this question necessarily raises the broader one, as to whether this connection should be maintained or prohibited as a violation of the principle sought to be established in this article. Your committee were unanimously of the opinion that the connection between denominational higher institutions of learning and the University of the State of New York is of the greatest advantage, not only to the institutions, but to the State, So long as this connection involves no further public aid than is incidental to examination and inspection. The policy of the State, as has been heretofore referred to, is not to monopolize higher education, but to create one grand supervisory university, of which all academies and colleges should be part, acting in concert under a common control, and yet admitting of every diversity demanded by the sentiments and conditions of the community in which they exist, and affording absolute freedom of instruction. Heretofore no distinction has been made between sectarian and non-sectarian academies and high schools in the distribution of the proceeds of the literature fund, whereby every such institution became entitled to a per capita allowance for every student who passed the Regents' examinations, and also to a suitable contribution to its library and scientific apparatus. This part of the State's assistance is in our opinion contrary to the sound principle of separation of church and State, and will be absolutely prohibited by the adoption of our proposed amendment. It is, indeed, a matter of comparatively trifling concern to the academies themselves, the whole amount so distributed to sectarian institutions in the year 1893 having been only $5,361.00. It is not contended that heretofore any harm or injury to the State has come from this practice, but being contrary to public policy in the highest sense, its discontinuance is demanded not only for the sake of the State, but of the institutions and churches themselves. This however, by no means necessarily implies that the supervision of the University, and the system of regular examinations by which the efficiency of these institutions it tested, must be given up. We understand that the insti

tutions themselves are very desirous of continuing the regents examinations, and of receiving the certificates of the University for such of their students as shall pass them. So far from injuring the educational system of the State, we are of opinion that the latter will be largely benefited by such a course, which extends the uniformity of excellence maintained by State institutions to those under private and sectarian control, and which, by causing the adoption, in many instances, of modern and thoroughly American textbooks and methods, neces-` sarily tends to break down the barriers of prejudice by which our people may be divided. That there may be no question of the authority of the University to continue these examinations, the words last above quoted have been introduced into this section.

The second sentence of the section, "This section shall not apply to schools in institutions subject to visitation and inspection by the State Board of Charities," has been inserted by a majority of the committee a minority consisting of Messrs. Durfee, Hirschberg, Hill, Tibbetts, Cornwell, Fraser and Holls dissenting - and explains itself. It must necessarily be read in connection with the article which may be adopted upon the recommendation of the committee on charities and charitable institutions.

All of which is respectfully submitted.

FREDERICK W. HOLLS,

Dated Albany, August 23, 1894.

Chairman.