A-66931, NOVEMBER 23, 1935, 15 COMP. GEN. 439

A-66931: Nov 23, 1935

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ARE REQUIRED TO BE DIVIDED BETWEEN COLLEGES FOR WHITE AND COLORED STUDENTS IN THE SAME PROPORTION AS IN THE CASE OF APPROPRIATED MONEYS THERETOFORE RECEIVED FOR THE SAME PURPOSE UNDER THE BASIC ACT OF JULY 2. REPORTS OF THE MONEYS SO RECEIVED AND DISBURSED ARE REQUIRED AS IN THE CASE OF SUCH PREVIOUSLY APPROPRIATED MONEYS. THIS CHECK IS IN PAYMENT PURSUANT TO TITLE II. IT IS MY UNDERSTANDING THAT THIS APPROPRIATION IS CONSIDERED SUPPLEMENTARY TO THE MORRILL-NELSON FUND FOR THESE INSTITUTIONS THAT REQUIRES AN EQUAL DIVISION OF THE $50. PLEASE LET ME KNOW IF IT IS YOUR UNDERSTANDING THAT THIS $20. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED ANNUALLY. (B) FOR THE FISCAL YEAR FOLLOWING THE FIRST FISCAL YEAR FOR WHICH AN APPROPRIATION IS MADE IN PURSUANCE OF PARAGRAPH (A) $500.

A-66931, NOVEMBER 23, 1935, 15 COMP. GEN. 439

LAND-GRANT COLLEGES - ENDOWMENT AND SUPPORT - ACT OF JUNE 29, 1935 FUNDS PAID THE STATE OF FLORIDA UNDER SECTION 22 OF THE ACT OF JUNE 29, 1935 (49 STAT. 439), PROVIDING FOR THE MORE COMPLETE ENDOWMENT AND SUPPORT OF SO-CALLED LAND-GRANT COLLEGES, ARE REQUIRED TO BE DIVIDED BETWEEN COLLEGES FOR WHITE AND COLORED STUDENTS IN THE SAME PROPORTION AS IN THE CASE OF APPROPRIATED MONEYS THERETOFORE RECEIVED FOR THE SAME PURPOSE UNDER THE BASIC ACT OF JULY 2, 1862 (12 STAT. 503), AS AMENDED AND SUPPLEMENTED BY THE ACT OF AUGUST 30, 1890 (26 STAT. 417), AND REPORTS OF THE MONEYS SO RECEIVED AND DISBURSED ARE REQUIRED AS IN THE CASE OF SUCH PREVIOUSLY APPROPRIATED MONEYS.

COMPTROLLER GENERAL MCCARL TO THE BOARD OF CONTROL OF FLORIDA INSTITUTIONS OF HIGHER LEARNING, NOVEMBER 23, 1935:

THERE HAS BEEN RECEIVED THE LETTER OF YOUR SECRETARY DATED OCTOBER 23, 1935, AS FOLLOWS:

INTERIOR APPROPRIATION WARRANT NO. 16 DATED AUGUST 12, 1935, IN THE SUM OF $20,000.00 PAYABLE TO THE "TREASURER, STATE OF FLORIDA, TALLAHASSEE, FLORIDA" HAS BEEN RECEIVED BY HONORABLE W. V. KNOTT, TREASURER OF THE STATE OF FLORIDA.

THIS CHECK IS IN PAYMENT PURSUANT TO TITLE II, SECTION 22, OF THE ACT APPROVED JUNE 29, 1935, PUBLIC NO. 182, 74TH CONGRESS, PROVIDING FOR THE MORE COMPLETE ENDOWMENT AND SUPPORT OF LAND-GRANT COLLEGES.

THE STATE OF FLORIDA HAS TWO LAND-GRANT COLLEGES; NAMELY, THE UNIVERSITY OF FLORIDA, GAINESVILLE, FLORIDA, FOR THE WHITE RACE AND THE FLORIDA AGRICULTURAL AND MECHANICAL COLLEGE FOR NEGROES, TALLAHASSEE, FLORIDA, FOR THE NEGRO RACE.

IT IS MY UNDERSTANDING THAT THIS APPROPRIATION IS CONSIDERED SUPPLEMENTARY TO THE MORRILL-NELSON FUND FOR THESE INSTITUTIONS THAT REQUIRES AN EQUAL DIVISION OF THE $50,000.00 COMING TO THE STATE OF FLORIDA EACH YEAR.

PLEASE LET ME KNOW IF IT IS YOUR UNDERSTANDING THAT THIS $20,000.00 MUST BE EQUALLY DIVIDED BETWEEN THE TWO LAND-GRANT COLLEGES LOCATED IN THIS STATE.

SECTION 22 OF TITLE II OF THE ACT APPROVED JUNE 29, 1935 (49 STAT. 439), PROVIDES:

IN ORDER TO PROVIDE FOR THE MORE COMPLETE ENDOWMENT AND SUPPORT OF THE COLLEGES IN THE SEVERAL STATES AND THE TERRITORY OF HAWAII ENTITLED TO THE BENEFITS OF THE ACT ENTITLED "AN ACT DONATING PUBLIC LANDS TO THE SEVERAL STATES AND TERRITORIES WHICH MAY PROVIDE COLLEGES FOR THE BENEFIT OF AGRICULTURE AND THE MECHANIC ARTS," APPROVED JULY 2, 1862, AS AMENDED AND SUPPLEMENTED (U.S.C., TITLE 7, SECS. 301-328; SUPP. VII, SEC. 304), THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED ANNUALLY, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, THE FOLLOWING AMOUNTS:

(A) FOR THE FISCAL YEAR BEGINNING AFTER THE DATE OF THE ENACTMENT OF THIS ACT, AND FOR EACH FISCAL YEAR THEREAFTER, $980,000; AND

(B) FOR THE FISCAL YEAR FOLLOWING THE FIRST FISCAL YEAR FOR WHICH AN APPROPRIATION IS MADE IN PURSUANCE OF PARAGRAPH (A) $500,000, AND FOR EACH OF THE TWO FISCAL YEARS THEREAFTER $500,000 MORE THAN THE AMOUNT AUTHORIZED TO BE APPROPRIATED FOR THE PRECEDING FISCAL YEAR, AND FOR EACH FISCAL YEAR THEREAFTER $1,500,000. THE SUMS APPROPRIATED IN PURSUANCE OF PARAGRAPH (A) SHALL BE PAID ANNUALLY TO THE SEVERAL STATES AND THE TERRITORY OF HAWAII IN EQUAL SHARES. THE SUMS APPROPRIATED IN PURSUANCE OF PARAGRAPH (B) SHALL BE IN ADDITION TO SUMS APPROPRIATED IN PURSUANCE OF PARAGRAPH (A) AND SHALL BE ALLOTTED AND PAID ANNUALLY TO EACH OF THE SEVERAL STATES AND THE TERRITORY OF HAWAII IN THE PROPORTION WHICH THE TOTAL POPULATION OF EACH SUCH STATE AND THE TERRITORY OF HAWAII BEARS TO THE TOTAL POPULATION OF ALL THE STATES AND THE TERRITORY OF HAWAII, AS DETERMINED BY THE LAST PRECEDING DECENNIAL CENSUS. SUMS APPROPRIATED IN PURSUANCE OF THIS SECTION SHALL BE IN ADDITION TO SUMS APPROPRIATED OR AUTHORIZED UNDER SUCH ACT OF JULY 2, 1862, AS AMENDED AND SUPPLEMENTED, AND SHALL BE APPLIED ONLY FOR THE PURPOSES OF THE COLLEGES DEFINED IN SUCH ACT, AS AMENDED AND SUPPLEMENTED. THE PROVISIONS OF LAW APPLICABLE TO THE USE AND PAYMENT OF SUMS UNDER THE ACT ENTITLED "AN ACT TO APPLY A PORTION OF THE PROCEEDS OF THE PUBLIC LANDS TO THE MORE COMPLETE ENDOWMENT AND SUPPORT OF THE COLLEGES FOR THE BENEFIT OF AGRICULTURE AND THE MECHANIC ARTS ESTABLISHED UNDER THE PROVISIONS OF AN ACT OF CONGRESS APPROVED JULY SECOND, EIGHTEEN HUNDRED AND SIXTY-TWO," APPROVED AUGUST 30, 1890, AS AMENDED AND SUPPLEMENTED, SHALL APPLY TO THE USE AND PAYMENT OF SUMS APPROPRIATED IN PURSUANCE OF THIS SECTION.

THE SO-CALLED "LAND-GRANT COLLEGES" FOR THE BENEFIT OF "AGRICULTURE AND THE MECHANIC ARTS" WERE AUTHORIZED TO BE ESTABLISHED IN THE SEVERAL STATES, THROUGH GRANTS OF PUBLIC LANDS, UNDER THE PROVISIONS OF THE ACT OF JULY 2, 1862, 12 STAT. 503, WHICH ACT WAS AMENDED AND SUPPLEMENTED BY THE ACT OF AUGUST 30, 1890, 26 STAT. 417, AUTHORIZING THE APPLICATION OF A PORTION OF THE PROCEEDS OF THE PUBLIC LANDS SO GRANTED TO PROVIDE A "MORE COMPLETE ENDOWMENT AND SUPPORT OF THE COLLEGES.' THE LATTER ACT REFERRED TO IN THE LAST SENTENCE OF THE ABOVE-QUOTED ACT PROVIDES, SO FAR AS HERE MATERIAL, AS FOLLOWS:

* * * THAT NO MONEY SHALL BE PAID OUT UNDER THIS ACT TO ANY STATE OR TERRITORY FOR THE SUPPORT AND MAINTENANCE OF A COLLEGE WHERE A DISTINCTION OF RACE OR COLOR IS MADE IN THE ADMISSION OF STUDENTS, BUT THE ESTABLISHMENT AND MAINTENANCE OF SUCH COLLEGES SEPARATELY FOR WHITE AND COLORED STUDENTS SHALL BE HELD TO BE A COMPLIANCE WITH THE PROVISIONS OF THIS ACT IF THE FUNDS RECEIVED IN SUCH STATE OR TERRITORY BE EQUITABLY DIVIDED AS HEREINAFTER SET FORTH: PROVIDED, THAT IN ANY STATE IN WHICH THERE HAS BEEN ONE COLLEGE ESTABLISHED IN PURSUANCE OF THE ACT OF JULY SECOND, EIGHTEEN HUNDRED AND SIXTY-TWO, AND ALSO IN WHICH AN EDUCATIONAL INSTITUTION OF LIKE CHARACTER HAS BEEN ESTABLISHED, OR MAY BE HEREAFTER ESTABLISHED, AND IS NOW AIDED BY SUCH STATE FROM ITS OWN REVENUE, FOR THE EDUCATION OF COLORED STUDENTS IN AGRICULTURE AND THE MECHANIC ARTS, HOWEVER NAMED OR STYLED, OR WHETHER OR NOT IT HAS RECEIVED MONEY HERETOFORE UNDER THE ACT TO WHICH THIS ACT IS AN AMENDMENT, THE LEGISLATURE OF SUCH STATE MAY PROPOSE AND REPORT TO THE SECRETARY OF THE INTERIOR A JUST AND EQUITABLE DIVISION OF THE FUND TO BE RECEIVED UNDER THIS ACT BETWEEN ONE COLLEGE FOR WHITE STUDENTS AND ONE INSTITUTION FOR COLORED STUDENTS ESTABLISHED AS AFORESAID, WHICH SHALL BE DIVIDED INTO TWO PARTS AND PAID ACCORDINGLY, AND THEREUPON SUCH INSTITUTION FOR COLORED STUDENTS SHALL BE ENTITLED TO THE BENEFITS OF THIS ACT AND SUBJECT TO ITS PROVISIONS, AS MUCH AS IT WOULD HAVE BEEN IF IT HAD BEEN INCLUDED UNDER THE ACT OF EIGHTEEN HUNDRED AND SIXTY-TWO, AND THE FULFILLMENT OF THE FOREGOING PROVISIONS SHALL BE TAKEN AS A COMPLIANCE WITH THE PROVISION IN REFERENCE TO SEPARATE COLLEGES FOR WHITE AND COLORED STUDENTS.

SINCE THE PROVISIONS OF LAW APPLICABLE TO THE USE AND PAYMENT OF SUMS AUTHORIZED UNDER THE 1890 ACT, SUPRA, ARE BY THE VERY PROVISIONS OF THE 1935 ACT, SUPRA, MADE APPLICABLE TO THE USE AND PAYMENT OF SUMS APPROPRIATED IN PURSUANCE OF THE SAID LATTER ACT, YOU ARE ADVISED THAT THE SAME DIVISION IS REQUIRED TO BE MADE OF THE $20,000 PAID UNDER THE 1935 ACT AS IN THE CASE OF APPROPRIATED MONEYS HERETOFORE RECEIVED FOR THE SAME PURPOSE UNDER THE BASIC STATUTES--- THE APPROPRIATION AUTHORIZED UNDER THE 1935 ACT BEING "IN ADDITION TO SUMS APPROPRIATED OR UTHORIZED" UNDER THE ACT OF JULY 2, 1862,"AS AMENDED AND SUPPLEMENTED.'

WITH RESPECT TO THE TIME, MANNER OF ANNUAL PAYMENTS, AND REPORTS TO BE MADE BY THE STATES OF RECEIPTS AND DISPOSITION OF SUCH PAYMENTS, THE 1890 ACT, SUPRA, PROVIDES UNDER SECTION 2 THEREOF, 26 STAT. 418, AS FOLLOWS:

THAT THE SUMS HEREBY APPROPRIATED TO THE STATES AND TERRITORIES FOR THE FURTHER ENDOWMENT AND SUPPORT OF COLLEGES SHALL BE ANNUALLY PAID ON OR BEFORE THE THIRTY-FIRST DAY OF JULY OF EACH YEAR, BY THE SECRETARY OF THE TREASURY, UPON THE WARRANT OF THE SECRETARY OF THE INTERIOR, OUT OF THE TREASURY OF THE UNITED STATES, TO THE STATE OR TERRITORIAL TREASURER, OR TO SUCH OFFICER AS SHALL BE DESIGNATED BY THE LAWS OF SUCH STATE OR TERRITORY TO RECEIVE THE SAME, WHO SHALL, UPON THE ORDER OF THE TRUSTEES OF THE COLLEGE, OR THE INSTITUTION FOR COLORED STUDENTS, IMMEDIATELY PAY OVER SAID SUMS TO THE TREASURERS OF THE RESPECTIVE COLLEGES OR OTHER INSTITUTIONS ENTITLED TO RECEIVE THE SAME, AND SUCH TREASURERS SHALL BE REQUIRED TO REPORT TO THE SECRETARY OF AGRICULTURE AND TO THE SECRETARY OF THE INTERIOR, ON OR BEFORE THE FIRST DAY OF SEPTEMBER OF EACH YEAR, A DETAILED STATEMENT OF THE AMOUNT SO RECEIVED AND OF ITS DISBURSEMENT. * *

THE PROVISIONS OF THE 1890 ACT, SUPRA, REQUIRING REPORTS IN DETAIL OF THE RECEIPT AND DISBURSEMENTS OF THE MONEYS, TO THE SECRETARY OF AGRICULTURE AND THE SECRETARY OF THE INTERIOR ARE APPLICABLE TO ALL MONEYS MADE AVAILABLE PURSUANT TO THE 1935 ACT.