The Montana system, an experiment in integrated education by Lincoln J Aikins A THESIS Presented to the Division of Education and the Graduate Division in partial fulfillment of the requirements for the degree of Doctor of Education Montana State University © Copyright by Lincoln J Aikins (1958) Abstract: The University of Montana was established in 1913 as an administrative integration of the four existent state supported institutions of higher education: Montana State University at Missoula, Montana State College at Bozeman, Montana School of Mines at Butte, and Western Montana College of Education at Dillon. Eastern Montana College of Education at Billings was added to the system in 1927, and Northern Montana College at Havre in 1929. At the time of its inception, the University of Montana was a unique institution of higher education. This uniqueness was due to the retention by the units of the University of fully autonomous freedom of operation on the local level within a framework of integrated administrative control under a Chancellor, the executive officer of the State Board of Education. In 1916 the Executive Council, composed of the presidents of the units, was organized as a policy-recommending body for the Chancellor. Four Chancellors have served the University: Dr. Edward C. Elliott from 1916 to 1922; Dr. Melvin A. Brannon from 1922 to 1933; Dr. Ernest O. Melby from 1943 to 1944; and Dr. George A. Selke from 1946 to 1950. From 1933 to 1943 the University of Montana was administered in a "care-taker status" by the Executive Secretary of the University, assisted in policy recommendations by the Executive Council, with all final details handled directly by the State Board of Education. In 1951 the Legislature abolished the Chancellorship position. At the same time it created a new office, "Executive Head" of the University of Montana, but failed to appropriate funds for salary. In 1953, the Legislature made the Executive Secretary of the University an officer directly responsible to the State Board of Education. Since that time routine administrative functions of the University have been the responsibility of the Executive Secretary, with policy recommendations made directly by the Executive Council to the State Board of Education. The original plan for a University system of integrated administrative control built around a dynamic, powerful Chancellor broke down under the exigencies of practical politics. A revised plan operating without a Chancellor and with fairly direct control by the State Board of Education through the Executive Secretary is now being tested in the crucible of fate.  THE MONTANA SYSTEM An Experiment in In tegra ted H igher Education by LINCOLN J. AIKINS I AN ABSTRACT OF A THESIS P resen ted to th e D ivision of Education and th e G raduate D ivision in pa rtia l fu lfillm ent o f the requirements for the degree of Doctor o f Education a t Montana S ta te College Bozeman, Montana Jvine, 1958 ArcVu vos r ABSTRACT The U niversity o f Montana was e s tab lish ed in 1913 a s an ad ­ m in istra tive in teg ra tion of the four ex is ten t s ta te supported in s titu tio n s of higher education: Montana S ta te U niversity a t M issou la , Montana S tate College a t Bozeman, Montana School o f M ines a t Butte , and W estern Montana College of Education a t D illon . Eastern Montana College of Ed­ ucation a t B illings was added to the system in 1927, and Northern Montana College a t Havre in 1929. At the time of i ts in cep tion , the U niversity o f Montana w as a unique in s titu tio n o f h igher education . This un iqueness w as due to the retention by the un its of the U niversity of fu lly autonomous freedom of operation on the lo ca l lev e l w ithin a framework of in teg ra ted adm in istra­ tive control under a C hance llo r, the execu tive o fficer o f the S ta te Board of Education. In 1916 the Executive Council, composed of the p res iden ts of the u n its , w as o rgan ized a s a policy-recommending body for the Chan­ ce llo r. Four C hancello rs have served th e University: D r. Edward C . E llio tt from 1916 to 1922; Dr. M elvin A. Brannon from 1922 to 1933; Dr. E rnest O. M elby from 1943 to 1944; and Dr. George A. Selke from 1946 to 1950. From 1933 to 1943 the U niversity of Montana w as adm inistered in a "c a re - ta k e r status'* by the Executive Secre tary of th e U niversity , 128954 a s s is te d in po licy recommendations by the Executive Council, w ith a ll final d e ta ils handled d irec tly by the S ta te Board of Education. In 1951 the Legislatu re abo lished the C hancello rsh ip po sition . At the same time i t c rea ted a new o ffice , "Executive Head" of the U niversity o f M ontana, bu t fa iled to appropriate funds for sa la ry . In 1953, the Legislature made the Executive Secretary of the U niversity an o fficer d irec tly responsib le to the S ta te Board of Education. S ince th a t tim e routine adm in istrative functions of th e U niversity have been the re spon sib ility o f the Executive Secretary , w ith po licy recommendations made d irec tly by the Executive Council to the S ta te Board of Education. The o rig ina l p lan for a U niversity system of in teg ra ted adm inis­ tra tive control bu ilt around a dynam ic, powerful C hancello r broke down under the ex igencies of p rac tic a l p o litic s . A rev ised p lan operating w ithout a C hancello r and w ith fa irly d irec t control by the S ta te Board of Education through the Executive Secre tary is now being te s te d in the crucib le of f a te . by LINCOLN J. AIHNS THE MONTANA SYSTEM An E xperim en t in In te g ra te d H ig h e r E duca tion A THESIS Presen ted to th e D ivision of Education and the G raduate D ivision in p a rtia l fu lfillm ent of the requirements for the degree of Doctor of Education at M ontana S ta te College Bozeman, Montana June, 1958 by LINCOLN J . AIKINS THE MONTANA SYSTEM An E xperim en t in In te g ra te d H ig h e r E du ca tio n A THESIS Presen ted to the D ivision of Education and the G raduate D ivision in pa rtia l fu lfillm ent of th e requirements for the degree of Doctor o f Education a t Montana S ta te College Approved: H e a ^ ' M ajor Department ,mining Committee Dean, G raduate^D ivislon Bozeman, Montana June, 1958 CURRICULUM VITAE PERSONAL Lincoln I . Aikins Date and P lace of Birth; December 7, 1898; W indham, M aine. M arita l S ta tus: M arried . Two daugh te rs , over 2 1. EDUCATION 1919 A.B. degree from Bates C o llege, Lew iston, M aine. 1927-28 Attended Hartford Theological Seminary. 1935 A .M . degree from Bates C o llege . . Several summer se ss io n s p rev iously . 1949 Attended U niversity o f Colorado during spring and summer q u a rte rs , C o llege of Education. 1955-d a te Enrolled summers and some o ther quarters a t Montana S ta te C o llege , D iv ision of Education. EXPERIENCE 1919-1920 In struc to r in English and French, Berea C o llege , Kentucky. 1920-1927 P rincipal of High Schools in Maine: S tonlngton, Lim lngton, Kezar F a l ls . 1928-1940 Teacher a t B illings Polytechnic In s ti tu te , B illings, M ontana. 1940-1942 O rig inally in E nglish , la te r H isto ry . Became R egistrar and Dean of Junior C o llege and fu ll p ro fesso r in rank . Dean of Dawson County Junior C o llege , G lendive, M ontana. O rganized th e jun io r co lleg e . 1942-1945 Superintendent of S choo ls , G lend ive , M ontana. Included I 945-d a te Junior C o llege , High School, and Grade Schoo ls. Dean of Basic Curricu la D iv ision , E astern M ontana College of Education. A lso, P rofessor of Social S c ien ces . Registrar from 1945-1955. Vice P residen t, 1957-date . TABLE OF CONTENTS CHAPTER PAGE I . MONTANA BACKGROUND FOR HIGHER EDUCATION . . . I T errito rial O rigins . . . . . . . . . . . . . . . . I S truggle for E s t a b l i s h m e n t ..................................... H II. FOUNDATIONS FOR A SYSTEM OF HIGHER EDUCATION . 32 Laying C o rn e rs to n e s ..................................................... 32 Montana S ta te C o llege — Early O rganization . . . 35 Montana S ta te U niversity — Formative Years . . . 48 Montana S ta te Normal School — Foundations . . . 58 Montana School o f M in e s— In itia l Problems . . . 69 Unrestrained Competition and G uerilla W arfare . . . 76 Duplication of Curricula . ............................................... 76 Maneuvering for C o n t r o l ....................................... 78 Financing the I n s t i t u t i o n s ............................................ . gg Enigma of C onso lidation . . . . . . . . . . . . 95 E stab lishm ent of "The M ontana S y s t e m " ........... 99 III. THE MONTANA SYSTEM: CHANCELLORSHIP PHASE . . . 105 Heyday of th e C hancello r ........................................................ 105 Guiding P rinc ip les for the S y s te m ..................... 107 Financing the System . .............................................. . 113 CHAPTER PAGE A New L e a d e r ..................................................................... 2.15 New In stitu tion — Eastern Montana S ta te Normal S c h o o l ................................................................. X19 New In stitu tion — Northern M ontana College . . . 133 Friction and Downfall ........................................................ 143 C are -tak e r S t a t u s ...................................................................... 151 Executive Council of the U niversity of Montana . . 152 Bond-M illage Campaign of 1940 ..................................... 154 The Junior C o llege Movement . . . . . . . . . . 156 Basic Curricula Programs in the U niversity of M o n t a n a ................................ 159 Restoration and A b o l i t io n .................................... 161 D isillusionm ent Under M e lb y .......................................... 162 End of a D r e am ..................................................................... 169 New In te r-F acu lty A g e n c i e s .......................................... 174 Current Controls for the U niversity System . . . . . 176 IV. MISCELLANEOUS PROBLEMS........................................................ 181 Finance and B u d g e t ................................................................. 181 Ju risd ic tiona l D ispu tes . . ............................................... 212 Ix^cal Executive Boards ................................................... 212 S ta te Board of E x am in e rs ........................... 217 iv CHAPTER PAGE Reorganization and Reform P r o p o s a l s ............................ E fficiency C o m m is s i o n ................................. Governor's Committee on Reorganization and Economy ............................................................ Montana Commission on Higher Education . . " M elby Plan" ................................................... High School — College R elationships ........................ A dm is s io n ........................................................ R e c r u i tm e n t ..................................................................... Faculty P r o b l e m s ................................................................. The Q uestion of T e n u r e .............................................. R esignations ................................................................. O ther C hallenges to T e n u r e ................... Salary S c h e d u l e s ................... .... R e tirem en t...................................................................... V. SUMMARY................................................................................... VI. SOME UNSOLVED PROBLEMS............................................... BIBLIOGRAPHY................... 226 227 229 232 234 238 239 244 250 250 253 255 259 261 264 274 283 CHRONOLOGY — THE UNIVERSITY OF MONTANA 1893 1893 1895 1897 1900 1909 1913 1913 1915 1916 1916 1917 Legal estab lishm en t of the four o rig inal s ta te -suppo rted In s t i ­ tu tions o f h igher education: th e ag ricu ltu ra l co llege a t Bozeman (Montana S ta te College ) , the un ivers ity of Montana a t M issou la (Montana S ta te U niversity ), the school o f m ines a t Butte (Montana School o f M ines), the s ta te normal school a t D illon (Western Montana College of Education). Opening of the Agricultural College a t Bozeman on April 17. Opening of the U niversity o f Montana a t M issou la on September 11. Opening o f the S ta te Normal School a t D illon on September 7. Opening of the School of M ines a t Butte on September 11. Reorganization o f lo ca l execu tive boards by L eg isla tu re . Local boards made de fin ite ly subordinate to S ta te Board of Education. E stab lishm ent o f th e U niversity o f Montana — composed of Montana S ta te U n iversity , Montana S ta te C o llege , Montana School of M ines, and S tate Normal College (Western Montana College of Education). E stab lishm ent o f Northern Montana Agricultural and M anual Training School and ag ricu ltu ra l su b -s ta tio n a t Fort A ssinniboine. In 1929 th is school opened a s the Northern Montana College a t H av re . Bill abo lish ing th e U niversity o f M ontana, as e s tab lish ed in 1913, ve toed by Governor S tew art. U niversity o f Montana beg ins to function on February I under i ts f irs t C hance llo r, Dr. Edward C . E llio tt. O rganization of the Executive Council (p residen ts of the various units) a s an adv isory board for the C hancello r. Dr. Henry H . Swain appointed Executive Secre tary of the Uni­ v e rs ity o f M ontana. v il 1919 1920 1922 1925 1927 1929 1933 1933 1933- 1943 1942 1943 1944- 1946 1945 1946 Reorganization report to Legislature by "E fficiency Comm ission ." Adoption by S ta te o f m ill- levy p lan for the financing o f the U niversity of M ontana. Dr. M elvin A. Brannon succeeds Dr. E llio tt a s C hancello r o f the U niversity o f M ontana. E stab lishm ent o f E astern Montana S ta te Normal School, the exact loca tion of which w as to be determ ined under p rov isions o f the "Montana P lan . “ Opening of Eastern Montana S ta te Normal School (Eastern Mon­ tana College of Education) in B illings a s the fifth un it of the U niversity of M ontana. Opening of Northern Montana College in Havre a s the s ix th unit of the U niversity o f M ontana. Resignation of Dr, Brannon a s Chancello r of the U niversity of M ontana. Bill abo lish ing the chancello rsh ip vetoed by Governor E rickson. "C a re -tak e r s ta tu s" of th e U niversity of Montana under the Executive S ecre tary . (Under Dr. Swain un til h is death in 1941, and then under M iss Dorothy G reen un til 1943.) Reorganization report to the Governor of the Governor's Com­ m ittee on Reorganization and E fficiency. Dr. E rnest O. M elby, p residen t o f Montana S ta te U niversity , e lec ted C hancello r o f th e University of M ontana. (Resigned' July I , 1944 to return to h is position as p res iden t o f Montana S tate U n ive rs ity .) ^ a r e - s t a t us" resumed under M iss Dorothy G reen, Executive Secre ta ry o f th e University of M ontana. Reorganization reports to the Legislature: (l) M ontana Com­ m ission on H igher Education (Leiper Commission), (2) "M elby Plan" by S ta te Board of Education as "Board P o licy ." Dr. George A. Selke e le c ted C hancello r of the U niversity of M ontana. v i i i 1950 1951 1951 1953 1953 1953 Resignation on November I of Dr. George A. Selke, C hancellor of the University o f M ontana. Full re spon sib ility for contro lling expenditures of un its of the U niversity o f Montana granted by Legislature to S ta te Board of Education and "aud it" power only to S ta te Board of Exam iners. Position of Chancello r abo lished by L eg isla tu re . Legal pro­ v is ion for an Executive H e ad ," but no appropriation for sa la ry . Reorganization report to the L egislature of the Commission on Reorganization of S ta te Government. By law , Executive Secre tary of the U niversity of Montana made d irec tly responsib le to the S ta te Board of Education. "Budget Committee Plan" o f th e S ta te Board of Education in co r­ porated in to law by the L eg isla tu re . THE UNIVERSITY OF MONTANA CHANCELLORSHIP PHASE S ta te Board of Education X X X X NMCMSM WMCE EMCI Executive Council Executive Secre tary Chancello r S tate Board of Examiners S ta te LegislatureS ta te C onstitu tion ________ D irect R elationship ----------- Advisory xxxxxxx Audit o f C laim s LB Local Executive Board THE UNIVERSITY OF MONTANA PRESENT PHASE State Board of Education / / / / / / / / / / Executive Secre tary MSU MSC WMCE EMCE NMC i.J . i.L. _________ D irec t R elationship ------------- Advisory / / / / / / / / Audit of C laim s LB Local Executive Board INTRODUCTION AND FOREWORD The Montana System of h igher education was ha iled a t the time of i ts incep tion in 1915 as an unique development. I ts novel fea tu re was the re ten tion of separa ted un its o f lo ca l operation w ithin a framework of an in teg rated adm in istra tion . This singu lar o rgan ization , though w idely d isc u sse d , has been the sub jec t of no system atic re sea rch . In fa c t, no b a s ic study of any one of the un its h as been completed , though p a rtia l s tud ies are ava ilab le in some. The main purpose of th is th e s is is to p resen t a sy stem atic re ­ search of the U niversity o f Montana; i ts roots in the te rrito ria l period; i t s e stab lishm en t a s four separa ted in s titu tio n s and the problems th a t a rose soon after which led to ag ita tion for reform; i ts incep tion as an in teg rated system in 1915 a fte r a tw o-year de lay following the le g is la ­ tiv e a c t of 1913 e s tab lish ing the sy stem , and i ts subsequen t h isto ry as the experiment developed in p rac tic e . This study i s not in any sen se defin itive of the U n iversity of M ontana, or of any of i ts component u n its . Rather i t is an attem pt to ske tch in broad ou tlin es an overview of the U niversity sy stem , to p resen t i ts major c h a ra c te r is tic s , and to consider the problems which have plagued i t throughout the y e a rs . W hile tre a t­ ment of human p e rso n a litie s has been kep t to a minimum, treatm ent has been in te rpo la ted whenever i t seemed an a id in clarify ing an event o r a problem. x ii The primary source m ateria l for th is study has been the o ffic ia l m inutes of the S ta te Board of Education and those o f the Executive Council o f the U niversity o f M ontana. Fragmented reports and sta tem ents on file in the office of the Executive Secre tary of the U niversity of Montana were a lso u sed ex ten siv e ly a s were sim ilar papers loaned to the w riter, as w ell a s sp ec ia l documents on f ile in the S ta te H isto rica l Library. N ews­ papers of the period have been u sed free ly , a s have the House and Senate Journals o f the L eg isla tu re , S ess ion s Laws, and th e l ik e . Also included in the study were the annual ca ta log s o f the various in s titu tio n s and p re s id en ts ' reports where a v a ilab le , which are on f ile in the o ffice of the Executive Secre tary of the U niversity . No attem pt h as been made to change th e names of the various in s titu tio n s for leg a l name changes a s au thorized from time to time by the L eg isla tu re . Rather th e plan has been to refer before 1915 to the four o rig inal in s titu tio n s a s the ag ricu ltu ra l co llege a t Bozeman, the un i­ v e rs ity of M ontana a t M issou la , the normal co lege a t D illon , and the school o f m ines a t Butte. H is to rica lly , th e o rig inal names were in some c a se s more involved . After 1915 the names of the four in s titu tio n s have been used a s th ey were e s tab lish ed in 1913 by the Act creating the Uni­ v e rs ity of Montana — Montana S ta te C o llege , * M ontana S ta te U niversity , I . The o ffic ia l name of M ontana S ta te College of Agricultural and M ech­ an ic Arts w as shortened in p rac tice to Montana S ta te C o llege . x i i i Montana S ta te Normal C o llege , * and Montana School o f M in e s .^ The fifth and six th in s titu tio n s to be e s tab lish ed have been referred to under the o rig inal names a t f irs t — E astern Montana S ta te Normal School and Northern Montana Agricultural and M anual Training School, re sp ec ­ tiv e ly . Later the former schoo l w as changed to E astern Montana College of Education, and the la t te r to Northern Montana College. Spec ia l acknowledgments are made to th o se w ithout whose s te ad fa s t a id and encouragement th is study would never have been com­ p le ted . P articu lar recognition is g iven to Dorothy G reen, Executive Secretary of th e U n iversity o f M ontana, who not only free ly p laced the en tire resou rces o f he r o ffice a t the d isp o sa l o f th e w riter, but who a lso gave personal information of inestim ab le value in the in te rp re ta tion of the inner working of th e sy stem . Recognition is a lso g iven to S ta te Superintendents Mary Condon and H arrie t M ille r, for perm ission to u se w ithout re s tric tio n the o rig ina l m inutes o f the S ta te Board of Education, S ta te Superin tendent report, and o ther documents on file in the o ffice o f the S ta te Superintendent; to V irginia W alton, Librarian of the S ta te H isto rica l Library, for her invaluab le a s s is ta n c e in loca ting h is to ric a l m ateria ls and for her suggestion s a s to source m ateria ls ; to Dr. M errill 1. U sually referred to a s S ta te Normal C o llege. This name w as changed in 1951 to W estern Montana C ollege of Education. 2 . The o ffic ia l name was Montana S ta te School of M ines. x iv Burlingame, who gave far more than would normally have been expected of a th e s is adv ise r, and who a lso loaned many unpublished m anuscrip ts w ritten by early Montana S ta te College facu lty members; and most of a ll to my w ife , Marlon C ousins A lk lns, w ithout w hose con stan t support th is study would ne ith e r have been undertaken nor carried to a su c c e s s ­ ful conclu sion . CHAPTER I MONTANA BACKGROUND FOR HIGHER EDUCATION I. TERRITORIAL ORIGINS Pioneers in a new region con s is ten tly bring w ith them the in s titu ­ tions w ith which th ey were fam iliar in th e ir former home. So it w as w ith the early se ttle rs of M ontana, w ho, from the f i r s t , developed a pa ttern of education sim ilar to th a t common in th e ir day in the " s ta te s . ” As early as 1878 the D eer Lodge community had organized the Montana C olleg iate In stitu te as an in s titu tio n of h igher educa tion , em phasizing a preparatory type of curriculum p a ra lle l to th a t found in e as te rn academ ies. This school opened w ith tw en ty -fou r s tuden ts and s ta r ted i ts c la s s e s in a hired bu ild ing , while aw aiting the completion of a su b s tan tia l brick building e rec ted at a probable co s t of $15 ,000 , and capable of accommodating one hundred and seven ty -fiv e s tu d e n ts . The In stitu te w as fu rn ished w ith the most modern app lian ce s , over $1,000 having been in v es ted in physica l app ara tu s . I Evidently p ressu re soon developed for more advanced educa tional train ing in the territo ry — the pa tte rn afforded by the chu rch -re la ted co llege I. I . C . W right, T errito rial Superintendent of Public In struc tion . BIENNIAL REPORT FOR 1877-78. p . 4 . 2fam iliar to most M ontana p io n ee rs . Spurred on by th is p re s su re , the Presbytery of M ontana, a t i ts m eeting in H elena on August 19, 1882, adopted a reso lu tion to purchase the M ontana C o lleg ia te In s t i tu te . 1 This school w as then converted into The College of M ontana— the f irs t in s t i­ tu tion of co llege grade in M ontana. After seven teen years o f d ifficu lt opera tion , th is co llege w as forced by the lack of endowment funds as w ell as by the competition of the s ta te -su ppo rted co lleges to c lo se i ts doors on June 8 , 1900. In 1906, under the dynamic leadersh ip of Lewis T. Eaton as p res id en t, and h is brother Em est T . E a to n ,^ an attempt w as made to re -e s ta b lish the c o lle g e . However, no rea l su c ce ss followed th is a t­ tem pt, and in 1923 the co llege w as merged w ith the M ontana W esleyan College at H elena to form Intermountain Union College in th a t c i ty . 1 23 At i ts peak The College of M ontana had fifteen facu lty members and one hundred and six ty p u p ils . I ts second p res id en t. D r. James Reid, la te r became p res iden t of M ontana S tate C o lleg e . Special support for The College of M ontana came from men like W illiam A. C lark , p ioneer mining 1. CONTRIBUTIONS TO THE HISTORICAL SOCIETY OF MONTANA, Vol. VI. (Montana S tate H isto rica l L ibrary), pp . 384-388. 2. In 1908 th e se educato rs moved to B illings, M ontana, to found the Billings Polytechnic In s t i tu te , an in s titu te of h igher education w ith a d is tin c tly voca tiona l tra in ing m otive. It operated on a se lf -h e lp prin­ c ip le , w ith s tuden ts "working most of th e ir w ay . " 3. M . G. Burlingame and K. Ross Toole, A HISTORY OF MONTANA, Vol. II. (New York; Lewis H isto rica l Publishing C o . , I n c .) , p . 384. 3magnate, who contributed to the departm ents of chem istry , geology, and m ineralogy in the b e lie f th a t M ontana tra ined graduates in those a reas would be w illing to remain in M ontana a s execu tives at a reasonab le sa lary for h is rap id ly developing mining in te re s ts . It w as ch iefly through h is efforts th a t Augustus M eader Ryonz the f irs t M ontana teach e r of eng ineering , and la te r the f irs t p res iden t of M ontana S tate C o llege , came to The College of Montana in 1888. Several o thers of the early teache rs of M ontana S tate College a lso came from The College of M ontana. In 1888, th e M e thod is ts , reac ting to sim ilar p ressu re from th e ir own people and fearfu l th a t competitive re lig ious groups such as the Presbyterians would " s te a l the show" in higher education in M ontana, founded the M ontana W esleyan U n iversity , which f irs t opened i ts doors in September, 1890, in a f iv e -s to ry brick build ing some five m iles north of H e lena . 1 From the very f irs t th is in s titu tio n suffered from a lack of fin anc ia l support. However, it con s is ten tly had an ex ce llen t repu ta tion as a tra in ing schoo l, being alw ays carefu l to secure w e ll- tra in ed and effic ien t in s tru c to rs . In 1899, the College w as moved to H elena , where it w as considerab ly en larged . Many years la te r it merged w ith The College of M ontana to form Intermountain Union College at H elena . In 1934, after i ts build ings had been w eakened by the g rea t earthquake th a t shook H elena I . M . G . Burlingame, MONTANA FRONTIER. (Helena: S tate Publishing Company), p . 318. 4th a t y ear, i t seemed inadv isab le to try to continue the co llege at H elena. It w as therefore moved to G reat F a lls , where for the ba lance Of the year it operated in fa c ili t ie s g rac iously loaned by the D eaconess H osp ita l and by the M ethodist and o ther chu rches . Failing in an attempt to secure su ffic ien t fin anc ia l backing in G reat Falls to warrant a permanent location in th a t c ity , the o ffic ia ls of the College accep ted the offer of P resident E rnest T. Eaton of the B illings Polytechnic In stitu te in B illings to move to the campus of th a t co lleg e . In 1946 th e se two in s titu tio n s were merged to become Rocky M ountain College in B illings. M eanwhile educa tiona l au tho rities in the territo ry were confronted w ith the problem of obtain ing adequate ly tra ined teach e rs for the rapid ly growing common schoo ls of the a re a . Cornelius H edges, who in 1872 be­ came the te rrito ria l superin tendent of public in s tru c tio n , sought w ith great d iligence to find tra in ed teach e rs for the new schoo ls . However, although he followed up every po ss ib le clue as he rode con stan tly throughout the te rr ito ry , he never w as ab le to provide adequate ly tra ined teach e rs for a ll of the schoo ls . The p ioneer high schoo ls in the territo ry tried to meet th is demand by en larg ing th e ir cu rricu la to provide for te ach e r educa tion in the manner developed a t H e lena , where in 1880 the Course of Study included a sec tion "embracing the Theory and P ractice of Teaching. Apparently I. I . J. F . S asek , THE DEVELOPMENT OF PUBLIC SECONDARY EDUCATION IN MONTANA PRIOR TO 1920. (M. A. T hes is , M ontana S tate Univer­ s i ty , 1938), p . 201. 5other high schoo ls were a lso providing teache rs — some w ithout any sp ec ia l tra in ing — for "high school graduates frequently went from the ir high schoo ls and taught in the various rural schoo ls , reg a rd less of nor­ mal tra in ing c o u rse s . " I As a p a rtia l answ er to th is problem of the in ­ adequate ly tra ined tea ch e r, the Twin Bridges Normal School w as organized in 1887. By 1889 th is schoo l had bu ilt a nine-room brick bu ild ing a t a co s t of nearly $10 , 000, and had a th ree -s to ry b rick ho te l for u se as a dorm itory. In 1893 — the year in which the f irs t four un its of the p resen t U niversity of M ontana system were e s tab lish ed — s ix ty s tuden ts were enrolled in the Twin Bridges schoo l. ^ The need for co lleges w as fe l t , during the ea rly years of the M ontana te rrito ry , by other than chu rch -re la ted g roups. Publicly sup ­ ported higher education apparen tly became the goal of some of the p ioneers rather e a r ly , for in 1868 the te rrito ria l superin tendent of public in s tru c tio n , T. F . Campbell, advocated c rea tion of a permanent school fund for the sup­ port of a co llege or u n iv e rs ity . 1 23 L ikew ise, Acting Governor James Tufts, in h is m essage to the Legislature on December 7 , 1868, recommended th a t 1. S asek , op . c l t . , p . 201. 2 . HELENA WEEKLY HERALD, Jan. 19, 1893. (Report of sta tem ent by com­ m ittee of c itiz en s from Twin Bridges made to Legislature in support of loca ting s ta te normal schoo l a t Twin Bridges), p . 4 . 3 . ANNUAL REPORT OF THE TERRITORIAL SUPERINTENDENT OF PUBLIC INSTRUCTION, year ending Nov. 30 , 1868, p . 19. 6a U niversity of M ontana be c rea ted . * This p ressu re for a tax -suppo rted un iversity rece ived a se t-b ack from Cornelius H edges, te rrito ria l super­ in tendent of public in struc tion from 1872 to 1876, who in 1872 fe lt it im­ portant to counteract public p ressu re to the ex ten t of commenting in Ms annual report th a t "what we need f irs t and most is not a un iversity ; it is a system of public free schoo ls . Further on in tM s repo rt, commenting on the need for good teach e rs and the common p rac tice in most s ta te s of insuring such a supply by e s tab lish in g normal schoo ls for th is tra in ing , he s ta te s th a t "at p re sen t, i t would be fo lly to a sk or expec t such a th ing in M ontana. "1 23 4 By 1880, however, tM s p ressu re for a tax -suppo rted uni­ v e rs ity had developed su ffic ien tly so th a t among the recommendations of an educa tional convention in H elena on January 4, 1881, w as th e follow­ ing; That pf the te rrito ria l tax e s and l ic e n s e s , one m ill of the th ree m ills now lev ied , and one-fourth of a ll l ic en se s c o llec ted , be se t apart for five years for the purpose of c rea ting and e s ta b ­ lish ing a permanent uM versity fund. In 1881 and 1882 th e new te rrito ria l superin tendent of public in ­ stru c tion , R. H. Howey, continued the exertion of p re ssu re , ca lling in 1. MONTANA GOVERNOR'S MESSAGES, 1864—1891. (M essage of D ec. 7 , 1868), p . 6 . 2. Cornelius H edges, BIENNIAL REPORT, 1872-73, p . 11. 3. Ib id . , p . 17. 4. W . Egbert Smith, BIENNIAL REPORT SUPERINTENDENT PUBLIC INSTRUC­ TION, 1880. (This convention , c a lle d by Superintendent Sm ith, w as composed of forty te a ch e rs and superin tenden ts and "other fr iend s" ), p . 10. 7h is reports for some action toward the c rea tion of a tax -suppo rted univer­ s i ty . 1 He a lso referred to the Act of C ongress, approved February 18, 1881, by which 72 sec tio n s of the unappropriated lands of Montana were granted to the territo ry for un ivers ity pu rposes. This Act gave further support to the "growth of an id ea — an id ea cen tered in the dem ocratiza­ tion of higher learn ing . This id e a , u sua lly referred to as the land -g ran t co llege movement, had led in 1862 to the passage by Congress of the Morrill Act, providing for the estab lishm en t and m aintenance of ag ricu l­ tu ra l and m echanical a rts co lleges and u n iv e rs itie s . The 1881 Act, in continuation of such federal support, provided tha t the land should be so ld a t public auction for not le s s th an $2 .50 an acre nor for le s s than the appra ised v a lu e . It w as fu rther provided tha t no part of the p ro ceed s , p rin c ipa l, or in te re s t should be u sed un til a fund of $50,000 had accumu­ la ted , and then only the in te re s t , un til the fund should reach $100, 000 . After 1889, according to the Act, the en tire proceeds from the sa le of un iversity lands were to be kept in ta c t . 1 23 C erta in ly the ex is tence of th is 1. R. H. Howey, ANNUAL REPORT for year 1881, p . 21. (In 1882 report he develops a t length — pp. 20-24 — reasons for adoption of uni­ v e rs ity sy s tem .) 2. SURVEY OF LAND GRANT COLLEGES AND UNIVERSITIES, U . S. Depart­ ment of In terio r, Office of Education , Bulletin No. 9 . (Washington; U. S. Govt. Printing O ffice , 1930), p . I . 3 . M . O rfie ld , FEDERAL LAND GRANTS TO THE STATES, (M inneapolis; University of M inneso ta , 1915), pp . 62-63 . 8land -g ran t fund w as w e ll known to the leaders of the te rrito ry , and doubt­ le s s to some degree served to promote in te re s t in public h igher educa tion . Later the minimum price w as ra ised to $10.00 an a c re , 1 a most fortunate development for the s ta te 's educa tional in s titu tio n s . Much of the land fina lly granted to th e se in s titu tion s w as exceed ing ly rich in lumber and m ineral re so u rce s . Accordingly, s ince th e se land g ran ts , when so ld , u sua lly received a price somewhat near th a t of the minimum, th is ra ise in the minimum price from $2 .50 to $10.00 per acre n e tted many thousands of dollars to the In te re s t and Income Fund of the various in s titu tio n s . It is true th a t in 1889 Montana w as predom inantly a mining country , w ith ag ricu ltu ral in te re s ts so in sign ifican t th a t no mention is made of agriculture e ith e r in the Constitu tion of th e new State or in its 2 early law s . Yet the influence of the land -g ran t movement i s found in the Enabling Act as approved by Congress on February 22, 1889. Herein is a spec ific provision for lands "to be used exc lu sive ly for un iversity 3 pu rposes. " Also in the Enabling Act provision was made for land grants for the "estab lishm en t and m ain tenance" of sp ec ific schoo ls , a s fo llow s: school of m ines, 100,000 ac res ; s ta te normal schoo ls , 100,000 acres ; 123 1. BIENNIAL REPORT OF THE DEPARTMENT OF PUBLIC INSTRUCTION, 1950-1952, p . 46. 2. H. F. S anders , A HISTORY OF MONTANA, Vol. I . (New York: Lewis Publishing Company), p . 354. 3. MONTANA CODES, ANNOTATED, 1895 e d . , p . Ix x iii . 9agricu ltu ral c o lle g e , 50,000 acres "in addition to the grant hereinbefore made for th a t purpose . C erta in ly th e se provisions were not Included in th is important Act w ithout the knowledge of those who had been working for the estab lishm en t of the new S ta te . In addition to th e se g rants in the State Enabling Act, there was a lso ava ilab le from the M orrill Act of 1862 a land grant of 90 ,000 acres for ag ricu ltu ra l and m echanic arts p u rpo se s . ^ In add ition , the Hatch Act of 1887 granted $15,000 per year for current use by an ag ricu ltu ral experiment s ta t io n .^ Further support to th is M ontana movement for a tax—supported un iversity was g iven by Governor Preston H. Leslie in h is m essage to the Territorial L egislature on January 14, 1889. C alling a tten tion to th is country 's trad itiona l in te re s t in higher educa tion , he s ta ted th a t It is a source of regret th a t no s tep s have been taken by the Territory to provide a co llege or un iversity for th a t purpose. Considering the s iz e and ex ten t of th is country , i t is m an ifestly certa in th a t we need two such in s titu tio n s in the Territory, and i t w ill n o t, in my op in ion , be in adv isab le to a t once enac t such leg is la tio n as w ill lead to the estab lishm en t of an ag ricu ltu ra l and m echanical co llege a t some su itab le p lace in the Territory. 4 Later in the y ear, a fte r accep tance of Montana as a S ta te , the f irs t head of the new S ta te , Governor Joseph K. Toole, in M s m essage on December 17, 1 1. MONTANA CODES, ANNOTATED, 1895 e d . , p . Ix x lli . 2 . SURVEY OF LAND GRANTS, op . _ c i t , , p p . 8 -9 . 3 . I b id . ,. pp . 24 -25 . 4 . MONTANA GOVERNOR'S MESSAGES, 1864-1891. (M essage of Jan. 14, 1889), p . 8 . 10 1889, to the F irst L eg islative A ssembly, ca lled a tten tion to the con stitu ­ tiona l p rovisions for the estab lishm en t of educa tional in s titu tio n s . While he fe lt th a t the time w as not ripe for leg is la tiv e ac tion for such because of expenses “consequent upon a change from te rrito ria l to s ta te govern­ ment" he did s ta te th a t It might not be u nw ise .. . i f the location of th e se in s titu tion s should be the sub jec t of early considera tion and se ttlem en t. The longer th a t is d e layed , the g rea ter w ill be the struggle betw een asp iring sec tio n s of the s ta te for recognition in th a t b eha lf, and pending such con ten tion , the in te re s ts of good leg is la tio n may be subord inated , if not wholly ignored . ^ Because the f irs t leg is la tiv e assem bly fa iled to ac t on th is recommenda­ tio n , Governor Toole repea ted i t in sub stance in h is m essage of January 5, 1891, to the Second Legisla tive A ssembly. 2 W ith i ts background of ava ilab le resou rces and in response to in te re s t rev ea led , M ontana might w e ll have been expec ted , by 1889, to have e s tab lish ed a un iversity system a s had a ll of the o ther w estern te rrito ries — U tah, New M exico , W ashing ton , D akota, A rizona, and Idaho. However, p rogress toward th a t end w as d iverted by the pecu lia r p o litic a l s itu a tio n in M ontana. From its e a r lie s t te rrito ria l d ay s , M ontana po litic s had been plagued by an irreconcilab le and b itte r struggle betw een two groups inherited from the W ar Between the S ta te s . Early se ttlem en t 12 1. MONTANA GOVERNOR'S MESSAGES, 1864-1891. (M essage of D ec. 17, 1889), p . 3 . 2. Ib id . (M essage of Jan. 5 , 1891), p . 9 . 11 of the territo ry w as by groups flee ing from that con test or by ind iv iduals somewhat sympathetic to the Southern c a u s e . 1 E specia lly in w estern M ontana were Southern sympathies ev iden t. On the o ther hand , many of the in flu en tia l leaders in contro l in cen tra l and eas te rn M ontana were friendly to the Northern point of v iew . This led to conflic t over almost any is s u e . In fa c t, one w riter lays the failu re of Lee M an tle , one of the strong p e rsona litie s in the te rrito ry , to secure appointment as Territorial Governor to the "sec tio n a l f e e l in g . . . betw een the eas te rn and w estern parts of the te rrito ry . "2 As a re su lt of th is se c tio n a l fee lin g , M ontana po litic s from the beginning w as not only rough and ready , but a lso colored by the b itte rn e ss of th is s trugg le . The sca rs of th e se early te rrito ria l b a ttle s were very much in ev idence in 1889. II. STRUGGLE FOR ESTABLISHMENT To complicate the s itu a tio n , n e ither p o litica l party won a d ec is iv e victory in 1889. In fa c t , the d ec is ion as to which party would control the 12 1. While lit t le resea rch h as been done of the e thn ic background of the early se ttle rs of M ontana, many ind ica tions of th is southern point of view are a v a ilab le . Among th e s e , one of the most s trik ing is the in se rtion in the te rrito ria l schoo l law s for "the educa tion of ch ild ren of African d e sc en t. . . i n separa te schoo ls . " (Sec. 33 .) In h is re ­ port for 1872-73 , Cornelius H edges, Territorial Superintendent of Public In struc tion , refers to th is p rejudice (p. 20). 2. PROGRESSIVE MEN OF MONTANA. (Chicago: A. W . Bowen and C o .) , p . 209. 12 Legislature re s ted on the re su lts of the ballo ting In Butte Precinct 34, where fraud was claim ed by the R epub licans. The ca se w as carried to the State Supreme Court, which ru led th a t fraud was p re sen t, and threw out the vo tes in the P recinc t, thus giving the Republicans v icto ry in Butte. In theory th is d ec is ion perm itted the Republicans to o rgan ize the L eg isla tu re . The D em ocrats, however, refused to accep t the d ec is io n , claim ing th a t the Supreme Court, a m ajority of w hose members were Republicans, made th e ir decision on party g rounds. 1 Since “the important I s s u e , overshadow ing a ll p o litica l con s id e ra tio n s , w as th e se lec tio n of M on tana 's f irs t repre­ sen ta tiv e in the United S ta tes Senate"^ both parties fought to the b itte r end , seek ing by various means to organize the L eg isla tu re . Out of th is conflict a p o litica l dead lock developed to such an ex ten t th a t not only w as the Legislature unable to e le c t United S ta tes sen a to rs , but i t a lso fa iled to p a ss the n ece ssa ry appropriations for the operation of the s ta te govern­ m ent. Of course no ac tion whatever w as even proposed for the e s ta b lis h ­ ment of a system of h igher education in M ontana. After considerab le p o litic a l maneuvering the Legislatu re adjourned on February 20 , 1890, having "accomplished nothing in the way of leg is la tio n . "1 23 The Second M ontana L egisla tive Assembly opened on January 5 , 1. No evidence has ever been uncovered to ju s tify th is a ccu sa tio n . 2. Sanders, op . c l t . , p . 403. 3. I b id . , p . 409. 13 1891, w ith the deadlock s t i l l in fo rce . On the face of the o rig inal returns the Republicans had lo s t the e le c tio n , but on recourse again to the cou rts , they gained approval of su ffic ien t changes to obtain control of the House. The Senate , however, w as defin ite ly in control of the D emocrats. The Governor, Joseph K. Toole, w as a Democrat. He recognized the orig inal re tu rn s, as did the Senate , and the Democrats tr ied to organize the Legis­ la tu re . More po litic a l maneuvering fo llow ed, the Republicans refusing to meet w ith the o ther p a rty , and the Democrats thus being unable to main­ ta in a leg a l quorum w ith which to tran sac t b u s in e s s . Soon i t became apparent th a t "no laws p a ssed could hope to survive the jud ic ia l scru tiny of the h ighest court of the S ta te , as th is tribunal would of n e ce ss ity hold th a t any leg is la tio n e ffec ted would be the ac t of an i lle g a l body. nl Further to complicate the s itu a tio n , th is second leg is la tiv e assem bly became engaged in a b itte r p o litic a l fight over the land grants which had been made to the Northern Pacific Railroad Company. As part of an inducement to promote the ra ilro ad . Congress had granted to the company every a lte rn a te se c tio n of land in a strip eigh ty m iles w ide — forty m iles on each s ide of the right of w ay . When i t w as im possib le to take p o sse ss io n of such gran ts b ecau se of prior ownersh ip , the railroad company w as given perm ission to choose " lieu land s" in th e ir s te a d . The I. I . I b id . , p . 410. right of way trave rsed approximately e igh t hundred m iles in Montana and included approximately 28 ,000 square m iles in the land gran t. Although m ineral land w as exp re ss ly excluded in th e se land g ran ts , the ra ilroad company, since much of i ts land w as in the po ten tia lly r ich e s t m ineral land area of th e S ta te , soon became engaged in controversy as to whether or not th e ir lands were "m ineral. " As early as 1889 a convention w as held in H elena , w ith Lee M antle as the p resid ing o ffice r, to seek some device to aid those who were in litig a tion w ith the Northern Pacific Railroad over th is question . W ith the controversy s t i l l u n se ttled in 1891, the Second Montana L eg islative Assembly sought a so lu tion for i t . Opinions cut sharp ly acro ss party l in e s , as w as la te r to be the pa ttern in many sim ilar s itu a tion s in the h isto ry of M ontana, w hile much of the m ineral and o ther w ealth of the S tate w as exp lo ited by greedy ou tside co rpo ra tions. However, the an ti-ra ilro ad group gained control in th is Legislature and pushed through leg is la tio n as a so lu tion for the is s u e . The office of m ineral land com­ m issioner w as c re a ted , w ith the sp e c ia l duty to "prepare and pub lish a sta tem ent of fa c ts in re sp ec t to the danger of m illions of ac res of the m ineral lands of M ontana becom ing the property of the Northern Pacific Railroad. " The le g is la tu re th en p a ssed a reso lu tion requesting the gover­ nors and leg is la tu re s of Idaho, N evada, W ashing ton , C alifo rn ia , Colorado, Wyoming, U tah , O regon, A rizona, and New M exico "to jo in w ith Montana 15 in memorializing Congress to p reserve the m ines and m ineral lands to the people and prevent th e ir fa lling in to the hands of ra ilroads receiv ing land grants from the governm en t." This Legislature a lso p a ssed a “memorial to Congress wherein i t w as rec ited th a t the Northern Pacific Railroad Com­ pany claim ed ownership to over e ight m illion acres of m ineral lands in the s ta te , th a t i t a lready had been perm itted to se le c t about two m illion acres thereof; th a t, if p a ten ts should be is su ed therefo r, th e se lands would be w rested from th e ir righ tfu l owners fo rever, and the reso lu tion prayed th a t Congress take n ece ssa ry action to save to the people of the s ta te , not only d iscovered , but a ll undiscovered m ines of go ld , s i lv e r , and a ll o ther valuab le m inera ls . “ U nquestionably the atmosphere c rea ted by th is very b itte r po litica l fight over the ra ilroad land grants provided an unfavorable background for a sound and log ica l considera tion of the estab lishm en t of a system of higher educa tion in M on tana . In a sim ila r manner th e fight over the loca tion of the S tate C ap ita l developed much hea t and many p o litic a l rep e rcu ss ion s . In te rrito ria l days the c ap ita l had f irs t been a t Bannack and then a t Virginia C ity . In 1 1. I b id . , p p . 358-9 . 2. I b id . , p . 359. (Hon. M artin M aginnis w as appointed land commis­ sioner. After many years he secu red federal leg is la tio n th a t apparen tly sa tis f ie d the demands of the m iners and the p ro spec to rs . However, in p rac tice the ta sk of c la s s if ic a tio n w as too d ifficu lt, and many lands c la s s ed as non-m ineral w ere la te r found to be m ineral. Also "lieu lands'* chosen were often from among the b e s t ag ricu ltu ra l and timber lands of the s t a te .) 16 1872, follow ing a sp e c ia l e le c tio n , and after a con test ending in a favor­ able Supreme Court d ec is io n , the c ap ita l w as moved to H elena . Un­ fortunately opponents of the H elena loca tion did not give up the figh t, so controversy w as s t i l l rampant in 1889. Unable to reach a sa tis fac to ry dec is ion as to permanent lo ca tion , the members of the C onstitu tional Con­ vention provided for an e lec tion by th e people in 1892 to se ttle the is s u e . It w as further provided th a t if no c ity won a m ajority in th is e le c tio n , the question of fin a l choice should be made at the next general e le c tio n , w ith th a t choice to be from the two c it ie s receiv ing the h ighest vote in 1892. Seven c it ie s en tered the figh t for th is loca tion — H elena , Anaconda, Butte, Bozeman, G reat F a lls , Deer Lodge, and Boulder. The p a rtisan s for each c ity were very active during the m eeting of the 1891 leg is la tiv e a ssem b ly , making d ea ls or bringing p ressu re in o ther ways on almost every is su e before the assem bly . Thus a p o litica l s itu a tio n , a lready very confused , w as further com plica ted . W ith tempers flaring and po litic s fuming from the cap ita l- lo ca tio n fight and the Northern Pacific Railroad con troversy , as w e ll as from the p o litica l deadlock of the con tested e le c tio n , it w as hard ly to be expected th a t th is second leg is la tiv e assem bly would pay any a tten tion to the needs of higher educa tion . However, p ressu re w as p resen t from another source for some ac tion by the L eg isla tu re . Congress in 1890 had p a ssed the Second Morrill Act, making ava ilab le an annual grant for current expenses 17 of $15,000 to each S tate College of Agriculture, w ith an add itional grant of $1,000 each year un til the grant reached the sum of $25,000 a year. Since $15,000 per year w as a lso availab le for an Agricultural Experiment S ta tion , it w as apparent to leaders of both po litic a l p a rtie s th a t M ontana w as lo sing $30,000 per year by fa ilu re to provide at le a se for an agricu l­ tu ra l co llege and an experiment s ta tio n . Governor Toole, who had s tre s se d the importance of reaching a d ec is ion on location in h is m essage to the F irst L egislative Assembly, repeated h is admonition in h is opening m es­ sage to the Second L eg islative Assembly, pointing out th is time th a t in addition the S tate w as lo sing the ava ilab le federal funds, made poss ib le by the 1890 Congressional Act. ^ N otw ithstanding th is recommendation and the p ressu re exerted by the p o ss ib ility of securing federa l funds w ith which to provide for the current exp en se , the p o litica l dead lock described above prevented any a c tio n lead ing to the location of any in s titu tio n of h igher educa tion . This Legislature d id , however, s e t a side land for the even tual estab lishm en t of a school of m ines, for s ta te normal schoo ls , and for ag ricu ltu ra l c o lle g e s , a s provided in the S tate Enabling Act. Of far more im portance, the Legislature a lso p a ssed an ac t providing for the se le c tio n , lo ca tio n , app ra isa l, s a le , and leasing of lands ava ilab le 1 1. SENATE JOURNAL, 1891, pp . 28 -29 . 2. Sanders, op . c i t . , p . 358. 18 under the federal land g ran ts . J. M . Page, a p ioneer, w as appointed the firs t s ta te land agen t. ^ This Legislature a lso se t up the S tate Board of Land Comm issioners2 "to d ire c t, con tro l, le a s e , or s e l l the school lands and the lands granted or th ereafte r to be granted for the various s ta te edu­ cationa l in s titu tio n s under the ru les and regu la tions p rescribed by th is law . There w as l i t t le improvement in the p o litica l s itu a tio n when the Third L egislative Assembly convened in January, 1893. Overshadowing every action of th is assem bly w as the con te s t over the e le c tio n of a su c ­ ce sso r to W ilbur F. Sanders as United S ta tes Senator. The Democrats contro lled the State Senate by two v o te s , nine to seven . John E. R ickards, Republican, had been e le c ted Governor. Tw enty -six Democrats and tw en ty -five Republicans had defin ite ly been e le c ted to the S tate House of R ep resen ta tiv es , w ith one se a t in doubt — the re su lt of a con tested e lec tion in Choteau County. Three P opu lis ts , e le c ted to the H ouse, held 1 1. Ham ilton, NOTES. (Unpublished m anuscrip t. H istory Departm ent, Montana S tate C o llege), pp . 175-177. ("Page w as a man of the high­ e s t in teg rity , a t i r e le s s worker, and a most carefu l in v es tig a to r. Day after day he rode on horseback over the p ra iries and through the fo res ts in search of lands to f i ll the various g ran ts . The value of th e se grants was large ly due to h is fa ith fu l s e rv ic e s . Much of the land se lec ted on the w es t s ide of the main range w as timber land and th e law w ise ly d irec ted th a t the tim ber should be so ld separa te ly from the land and the proceeds p laced in the re sp ec tiv e permanent fu nd s ." 2. Governor, S tate Superintendent of Public In struc tion , Secretary of S ta te , A ttorney-G eneral. 3 . Sanders, op . c l t . , p . 358. 19 a s tra teg ic p o sitio n , being able by th e ir vo tes to determ ine the re su lts wherever party lin es held betw een Democrats and R epublicans. Immedi­ a te ly , even before o rgan iza tion , a struggle developed in the House over the con tested e lec tion re su lts from Choteau County. O riginally the can­ v a sse rs had thrown out the vo tes of the Box Elder p rec inc t, thus giving the e lec tion to a Democrat, M r. A. B. Hamilton of Choteau County. He had received an o ffic ia l c e rtifica tion of e le c tio n and w as p resen t at the open­ ing ro ll-c a ll of the Assembly. The Supreme Court, to which the c a se had been appea led , o rdered , however, th a t the vo tes of the Box Elder p re­ c in c t be coun ted . The defeated cand idate could f ile a con test la te r , if he so d es ired . This d ec is io n gave the e lec tion to M r. E. E. Leach, a Republican. Unfortunately the d ec is ion of the Supreme Court came so la te th a t M r. Leach did not rece ive h is ce rtifica tion in time to p resen t h im self for the opening ro l l-c a l l of the A ssembly. Accordingly, the House of R epresentatives had to decide whether to recognize M r. H am ilton 's ce r­ tif ic a te and sw ear him in , s in ce he w as there for the opening ro l l- c a l l . If the ce rtif ica te were thus recogn ized , the Democrats would organize and s ince th a t would make th ir ty -s ix vo tes on jo in t b a llo t, if a ll the Democrats held toge th e r, then a Democrat would be e le c ted to the United S ta tes S ena te . On the o ther h and , if the d ec is ion were to refuse to recog­ nize the c e rtif ica te of M r. Hamilton so th a t M r. Leach, the Republican, could have time to appear w ith h is more recen t c e r tif ic a te , and if the 20 Populists voted w ith the R epub licans, th e ir combined vo tes on jo in t ba llo t would be su ffic ien t to prevent the e lec tion of a Democrat to the United S ta tes S ena te , even though th ey might not be able to e le c t one of th e ir own cho ice . M eanwhile , before any fin a l d ec is ion had been m ade, the Populists had received in struc tions from the ir na tional headquarters not to vote for a Democrat for United S ta tes S en a to r .1 Two of them chose to follow th ese in s tru c tio n s . On organ ization of the H ouse, th ere fo re , the ba ttle was over the re su lts of the con tes ted e le c tio n . A sp e c ia l commit­ te e of the House w as appointed to check on th is c o n te s t , but the State Auditor, a Republican, whose duty it w as to p reside at the opening organi­ za tiona l m eeting , chose to proceed immediately w ithout aw aiting a report from the comm ittee. He ru led aga in st the Democrat, thus preventing him from being s e a te d , but perm itting a la te r sea ting of the Republican. On the b a s is of th is d e c is io n , the Democrats claim ed "bad fa ith , Further complicating the s itu a tio n w as th e serious i l ln e s s of one of the Democratic members, Hon. A. J. D avidson. Because every vote w as needed on im­ portant i s s u e s , i t w as important for him to be sworn in , so as to be 12 1. THE NEW NORTHWEST, Jan. 14, 1893. 2. GREAT FALLS WEEKLY TRIBUNE, Jan. 20 , 1893. ("But bad fa ith as th is p rac tice w a s , i t w as good po litic s on the part of the p o p u lis ts . . . . W ith Hamilton se a ted the democrats would have e le c ted th e ir man w ith­ out the aid of even one popu lis t. But w ith Leach s e a te d , n e ith e r party could get along w ithout some aid from the p o pu lis ts . It is th is tha t the popu lis ts considered when two of them un ited w ith the repub licans in the I^ ach m atte r. . . I t cannot be c a lled bad p o l i t ic s , even by those who might suffer from i t . ") 21 availab le as needed . In dramatic fa sh ion , th e re fo re , he appeared in "an invalid chair" at the f irs t m eeting of the H ouse , a ttended by h is w ife and physic ian . * The Democratic leadersh ip sought to arrange for a "p a ir” for him w ith the R epub licans, but to no av a il. The maneuver of the Republi­ cans in the con tested e lec tio n and th e ir re fu sa l to arrange for a "pair" for M r. D avidson added to the b itte rn e ss of the po litic a l struggle and contributed to the in -figh ting th a t la te r developed over the loca tion of the educa tional in s t i tu t io n s . The fight over the loca tion of the State C ap ita l had narrowed to a con test betw een H elena and Anaconda, s ince the o ther five communities had been elim inated in the 1892 e le c tio n . Such e lim ina tion , however, made the defeatdd a reas a ll the more determ ined to secu re one of the many I . HELENA WEEKLY INDEPENDENT, Jan. 12, 1893, p . 2 . ("Hon. A. J. Davidson w as carried in to the h a ll of the House Monday on a rec lin ing cha ir. M rs . D avidson and Dr. J. B. A tchison accompanied him. His a ttendan ts carried him to the space where his desk w a s , on the right of the sp eak e r 's platform . By sp ec ia l request beforehand there w as no app lau se . Then Judge Bach made an appea l to the Republican members in the in te re s t of a pa ir for M r. D avidson. 'An appea l to the m anliness of th is a s sem b ly ,1 sa id Judge Bach, 'w ill w ithout doubt be promptly m et. M r. D avidson is here ready to take the oath of o ff ic e , and is ready to come here a t any time tha t he may be needed . S ickness may come to any of u s , who may need the same cou rtesy . Under the c ircum stan ces , to re fu se to pair w ith a s ick man who, de­ sp ite h is cond ition , is ready to come here a t any time to vote on a p o litic a l q u es tio n , w ill be se ttin g a precedent w ithout p a ra lle l in the h isto ry of le g is la t io n .1 In sp ite of th is app ea l, no one nn the repub li­ can side offered to p a ir w ith M r. D av idson , who w as swon in by the speaker as he lay on h is couch . The sick man w as then ex cu sed , w ithout any ob jec tion from the repub lican s id e , and w as carried out of the h a ll ." ) 22 s ta te in stitu tion s to be e s ta b lish ed , and cau sed th e ir rep re sen ta tiv e s in the Legislature to be ra ther ind ifferen t to log ica l d iscu ss io n of the pros and cons over separa tion versus conso lida tion of the educa tional in s t i ­ tu tio n s . Rather were the rep re sen ta tiv e s in creas ing ly w illing to d icker for vo tes over various is su e s — e sp ec ia lly the sena to ria l con tes t — in return for support of th e ir b id for a s ta te in s titu tio n . M oreover, the par­ tis a n s of H elena and Anaconda were very much in ev id ence , constan tly maneuvering b ack -s tag e during the con test over the e lec tion of a United S tates Senator. As has a lready been in d ica ted , the most important is su e before th is Third L eg islative Assembly w as the e lec tion of a United S ta tes Sena­ to r . The lead ing Democratic cand id a te , W . A. C lark , h ad , in h is own party , form idable opposition in M arcus D aly , h is b u s in e ss as w e ll as p o litic a l enemy. Both men were mining m agnates in Butte and both were nom inally democratic in p o lit ic s . However, they had l i t t le u se for each o ther, and in the sen a to ria l con te s t Daly w as determ ined to d efea t C lark a t a ll c o s ts . Although he w as not a candidate h im self and not even a I. I . GREAT FALLS WEEKLY TRIBUNE, E d ito ria l, Jan. 20 , 1893. (“The public is fu lly cognizan t of the c au se s which seem to render M r. C lark 's e le c tio n w holly im p o s s ib le .. .I t is a fight in which the public - has no particu la r in te re s t , bu t w hich frequently crops out in public m a tte rs . It i s , how ever, v end e tta , and each party knows th a t the knife of the o ther is a lw ays ready . ") 23 member of the L eg isla tu re , Daly had a group of supporters who throughout the con test refused to be d iverted from th e ir opposition to C lark , even though extending even to the na tiona l democratic party o f f ic ia ls , tre ­ mendous p ressu re w as exerted on them . On the o ther hand , there w as a powerful group w ith in the party in Montana who were determ ined to break the p o litic a l power of M arcus D aly . Throughout the en tire se ss io n of the Legislature th is underlying con test for control between the Daly fo rces and the C lark followers w as a determ ining fac to r in the dec is ion s made in other i s s u e s . Eventually the strong party lin es were broken, w ith severa l R epublicans, apparen tly influenced by an ti-D a ly m o tiv es , sw inging to C lark in an attempt to b reak the dead lock . However, the C lark forces 12 1. THE NEW NORTHWEST, E d ito ria l, Feb . 11, 1893. ("There is a grow­ ing , healthy sentim ent in the ranks of a l l p o litic a l pa rties th a t points to but one finale — the po litic a l overthrow of M arcus Daly. ") 2. THE NEW NORTHWEST, E d ito ria l, M arch 4 , 1893. ("Marcus Daly has undertaken to d ic ta te the po litic s of th is s t a te . . . . He d irec tly owns or contro ls some 3 ,000 v o te s . Heretofore he has put h is re ­ ta in e rs and too ls in o ffice whenever and wherever h is personal in te re s ts have prompted him to do so . These re ta iners have been se le c ted ind iscrim ina te ly from the ranks of both p o litic a l p a rtie s , D a ly 's only purpose being to put men in power who could and would do h is b idd ing , the complexion of th e ir p o litic s being a m atter of ab­ so lu te ind ifference to h im .. . Out of th is untoward condition of affa irs there has come one man who is una lterab ly and d iam etrica lly opposed to Daly and h is assum ption of unwarranted au tho rity , and ag a in s t whom a ll the ha tred and venom of the man and h is fo llow ing have been par­ ticu la rly d irec ted , notw ithstand ing the two are nom inally of the same po litic a l fa ith . H is su c c e ss in any po litica l undertaking means the death -b low to D a ly lsm .. .That man is W . A. C lark . ") 24 were never able to m uster the n ece ssa ry th ir ty -s ix vo tes for v ic to ry , and the Assembly adjourned w ithout e le c tio n of any United S ta tes S en a to r .1 N everth e le ss , the b itte rn e ss of the s tru gg le , the lin ing -up of v o te s , and the in trica te maneuvering for po sition undoubtedly had th e ir e ffec t on the d ec is ion s th a t were made in regard to the loca tion of the s ta te educa tiona l in s titu tio n s . In te re s tin g , a t le a s t , is the fac t th a t one of the major lead ­ ers for separa tion in the M ontana Senate w as a strong Daly man. Senator Elmer D . M atts of M issou la . ^ Impetus for considera tion of the estab lishm en t of the in s titu tio n s of higher education w as given by Governor Rickards in h is opening m essage to the Third L egisla tive Assembly on January 5, 1893. In th is m essage he emphasized the importance of se ttlem en t of the loca tion problem; One of the most important du ties w ill be th a t of locating s ta te and educa tiona l in s t i tu t io n s . Shall the la tte r be grouped or lo ­ ca ted sep a ra te ly , is a question now ag ita ting our p e o p le . . .I t is my judgment th a t a ll in te re s ts demand an ea rly se ttlem ent of th is m atter. We are looking for and inviting ou tside c ap ita l to our S tate; the fac t th a t none of our S tate In stitu tion s have yet been loca ted im presses c a p ita l is ts unfavorably . . . 12 1. S anders , op . c i t . , pp . 411-412. (Lee M an tle , R epublican, w as ap­ pointed by Governor Rickards to f i l l the vacancy , but th e appointment w as refused by the United S ta tes Senate . 2. H. M inar Shoebotham , ANACONDA, Life of M arcus D aly , the Copper King. (Harrisburg, P a . ; S tackpole Company} p . 130. ("As soon as the vote (for U . S. Senator) had been tabu la ted . Senator M a tts , a spokesm an for the Daly w ing c£ the Democratic p a r ty , . . .moved for adjournment sine d ie ." ) 25 An ag ricu ltu ra l co llege must be e s tab lish ed in accordance w ith an ac t of Congress approved July 2nd, 1863, in order to ava il ou rse lves of the appropriation made in the Act of August 30th, 1890. Under the provision of th is Act the sum of $15,000 per annum, for te n years is appropriated to each S tate and Territory, and the sum of $25,000 per annum is thereafter to be app lied to in struction in ag ricu ltu re , th e various branches in m athem atics, p h y s ic s , na tu ra l and econom ic sc ie n c e , the English language and the m echanic a r t s . It requ ires no argument to show the lo s se s which the State is su s ta in ing through our n eg lec t to lo ca te th is in ­ s titu tio n . 1 Apparently a ll fac tion s in the Legislature agreed a s to the need for se ttlin g the lo ca tion qu estion , but immediately a struggle developed be­ tw een the forces for conso lida tion versu s those for separa tion . Early in the se ss io n Senator Paris G ibson of G reat Falls emerged as the leade r of the conso lida tion fo rc e s , in troducing what w as popularly termed "the con­ so lida tion b i l l . " Under prov isions of th is b ill a "U niversity of M ontana" would have been c re a te d , includ ing under one adm in istrative s e t-u p and loca ting in one p lace an ag ricu ltu ral c o lle g e , a school of m ines, and a s ta te un iversity of lib e ra l a r ts . The permanent loca tion for th is in s titu ­ tion would have been se le c te d by a committee of th ree p re s id en ts , ap­ pointed by the Governor, chosen from the p res iden ts of Stanford U n iversity , U niversity of M ich igan , U niversity of W iscon sin , U niversity of M inne­ so ta , U niversity of N eb rask a ,'C o rn e ll U n iversity , U niversity of V irginia, Harvard C o lleg e , and Yale C o lleg e . ^ M eanw hile , in sw ift su c ce ss io n , 12 1. MONTANA GOVERNOR'S MESSAGES, 1891-1903. (M essage of Jan. 5 , 1893), p . 10. 2. HELENA WEEKLY INDEPENDENT, Jan. 19, 1893, p . 2 . the advocates of separa tion in troduced indiv idual b ills ca lling for the location of each in s titu tio n in some sp ec ific community. Advocates of conso lida tion had the support of the S tate Teachers ' A ssoc ia tion , which at i ts m eeting in M issou la in la te December, 1892, had by a heavy vote approved a report of i ts Council of S tate Education , recommending by a vote of ten to two conso lida tion of the s ta te educa tional in s titu tio n s in to one un it. This rep o rt, in s ix teen p a g e s , not only summarized the advan­ tages of con so lid a tion , but a lso included sta tem en ts from a number of the educational leaders of the coun try , ch ie fly p res iden ts of large un iversi­ t i e s , favoring conso lid a tion . ^ According to th is T eachers ' A ssociation repo rt, James M . Ham ilton, la te r th ird p res iden t of M ontana S tate C o lleg e , but at th is time the M issou la superin tendent of public sc h o o ls , w as favorable to c o n so lid a tio n .^ However, if so , he ea rly changed h is po­ s ition maybe as a re su lt of the m eeting of the c itizen s in M issou la , 12 1. HELENA WEEKLY HERALD, Jan. 5 , 1893, p . 5 , 7 . (Also a l i s t of Council members and fa irly d e ta iled report of m eeting in HELENA WEEKLY INDEPENDENT, Jan. 5 , 1893, pp. 5-6 and Jan. 19, 1893, p . l . ) 2. HELENA WEEKLY INDEPENDENT, Jan . 12, 1893, p . 9 . (In a d ispa tch from M issou la in an account from the c it iz e n s ' m eeting there — Hamilton a ttack s the T eachers ' A ssocia tion recommendations as "a Helena s c h em e .. . prepared in H elena and the INDEPENDENT had a copy of them before the A ssoc ia tion m et. « He claim ed th a t th ey were pub lished before adoption by the A ssoc ia tion . In rebu tta l the INDE­ PENDENT s ta te s “Professor Hamilton is e ith e r m isquoted in the above or he has a poor memory. “ It s ta te s th a t the m eeting of the Council w as on Thursday (publication w as on Friday) "from 4-6 p .m . , a t which Professor Ham ilton w as p resen t and ac ted a s se c re ta ry . " A rep resen ta ­ tiv e of the INDEPENDENT was p re s e n t .) 27 which voted to se t up a committee to work for the loca tion of the univer­ s ity at M issou la and to see th a t a b i ll should be in troduced to th is e ffec t. The group further reso lved th a t "the b il l and pe titions are opposed to a conso lida ted u n iv e rs ity ." 1 In add ition , "Prof. J. M . Ham ilton, who w as e le c ted p residen t of the M ontana S tate T eachers ' A ssocia tion la s t w eek , w as chosen p re s id e n t . . .An execu tive committee of nine was appointed w ith the p res iden t as chairm an. ”2 Obviously, a s head of a committee opposing conso lida tion Hamilton could not m aintain a personal position opposite to th a t of h is fellow c itiz en s of M issou la . It w as log ica l for him to sw itch and to throw h is dynamic drive in to the fight for separa te in s titu tio n s . W hatever the reason for h is change of p o sitio n , it is c le a r from the a ttack s on him by such papers as the GREAT FALLS WEEKLY TRIBUNE, a strong supporter of Senator Paris G ib so n ,1 23 th a t Hamilton early became a leader of the fo rces working for separa tion . During the 1. HELENA WEEKLY INDEPENDENT, Jan. 12, 1893, p . 6 . 2. HELENA WEEKLY HERALD, Jan. 12, 1893, p . 8 . 3. GREAT FALLS WEEKLY TRIBUNE, E d ito ria l, Jan. 27, 1893. (The w ould-be b ra in d estroye r, M r. Hamilton of M issou la h a s been in H elena, and on h is return sa id to a reporter th a t the sena to ria l con­ te s t may take a tu rn favorable to M isso u la 's un ivers ity b i l l . Says the M issou la in : 'P aris G ibson , the ch ief exponen t, ou tside of H elena , for con so lid a tion , may be struck w ith the sena to ria l ligh tn ing , in which ca se of c o u rs e , he w ill acquire and m aintain a sta tesm an like s ilen ce on the question of s ta te in s titu tio n s . In M r. H am ilton 's opinion Mr* G ib son 's chances for prancing out as the inky equine are momen­ ta rily improving. . . in which c a se the con so lid a tion is ts w ill lo se th e ir main s t a y . ' This i s a va in hope , as Senator G ibson would not re lin ­ qu ish h is darling p ro jec t for the honor of M ontana even to become p residen t of the United S ta te s .) s tru gg le , Paris G ibson , fighting hard for one in s titu tio n , and th a t one to be loca ted in G reat F a lls , offered in the name of G reat Falls to give 320 acres of land w ith in two m iles of G reat F a lls and $100,000 c a sh endow­ ment. ^ Countering the conso lida tion fo rces were those who advocated separa tion . This group w as a motley crew . Many were o rig inal p ioneers in the territo ry who had "exaggerated id eas o f i ts na tu ra l resou rces and i ts future population and grow th. " In th e ir u sua l exuberance th ey were ready to support any scheme looking toward future expansion . Others were dreamers who fe lt th a t four educa tional cen ters in a s ta te w ith an area of over 146,000 square m iles would afford far more opportunity for advanced tra in ing to many more youth th an would re s tric tio n to one cen te r. Many were men like Senator O. F. Goddard of B illings, who became aroused over Senator G ibson 's in jec tion of the money is su e and h is a t­ tempt to s e l l the loca tion of the educa tiona l in s titu tio n s to the h ighest b idders . Senator M atts of M issou la a lso a ttacked th is G ibson move as "a mercenary course in regard to th e lo ca tion of s ta te in s t i tu t io n s . . .The 123 1. GREAT FALLS WEEKLY TRIBUNE, Feb. 3 , 1893. 2. Ham ilton, op . c l t . , pp . 178-180. 3. HELENA WEEKLY INDEPENDENT, Feb . 9 , 1893, p . 2 . (Back of th is reac tion might have been the fac t th a t G ibson in the course of the d eb a te , see ing th a t conso lida tion in one cen ter w as probably lo s t , had offered 160 ac res o f land and $50,000 endowment if the ag ricu l­ tu ra l co llege a lone should be e s tab lish ed in G reat Falls ra ther than in Bozeman. — GREAT FALLS WEEKLY TRIBUNE, Feb . 3 , 1893.) 29 un iversity should be loca ted where the conditions are fitted for i t . The agricu ltu ral co llege should be lo ca ted in the b e s t ag ricu ltu ra l sec tion ; the schoo l of m ines in the g rea te s t mining d is tr ic t in the s t a te . We have no right to barte r our vo tes away to the h ighest b idder. O thers were in fluenced by a s in cere b e lie f th a t Butte, w ithout question , w as the only spot in the State for a schoo l of m ines, but hard ly the spo t for an agri­ cu ltu ral co lleg e . In the same manner, such persons reasoned th a t Boze­ man, in the heart of the then r ich e s t agricu ltu ral a rea of the S ta te , w as an id ea l loca tion for an ag ricu ltu ra l co llege and experiment s ta tio n , but certa in ly not of much value for a schoo l of m ines. M oreover, many of those o rig inally uncommitted were swayed by the p resen ta tion of con­ siderab le re sea rch m ateria l countering the claim s of the State T eachers ' A ssociation and ind ica ting a defin ite trend toward separa tion of un its ra ther than one toward conso lid a tion . In the fin a l show -down, which rea lly came in the debate over the question of the estab lishm en t of the un iversity a t M isso u la , Senator M atts made strik ing u se of th is coun ter- m ateria l. He a ttacked the c ircu la r of the A ssociation a s m islead ing , s ta ting th a t i t con ta ined signa tu res of a t le a s t two men who den ied th a t they signed it (W. W . W ylie and Prof. Ham ilton), th a t the so -c a lle d leading educators i t quoted were a ll un ivers ity p res iden ts — not 12 1 . I b id . , p . 2. 2. DAILY MISSOULIAN, Jan. 20 , 21 , 1893. 30 presiden ts of co lleges of agricu ltu re or of schools of m ines — and th a t at le a s t one s ta tem en t1 received by the A ssociation before the publication of the report had been supp ressed b ecau se it was not wholly in favor of con­ so lid a tion . He a ttacked the report as b ia sed throughout and charged th a t the members of the S tate T eachers ' A ssociation were “gu ilty of trickery and ch icanery . M ost ac tive in the fight for segregation were the rep resen ta tiv es from the lo c a litie s seek ing s ta te In s titu tion s for th e ir a re a . How much of th is ac tiv ity w as due to econom ic motives is not c le a r .1 23 Some of it w ithout doubt w as the re su lt of ven tu res such a s th a t a t Bozeman, where the leaders in the figh t to secure the S tate C ap ita l for th a t c ity had se t a side a t much co s t the so -c a lle d "C ap ita l H ill A dd ition ," and had la id out a very beau tifu l approach to it from the down-town a re a . C erta in ly the promoters of th is venture were ready to get behind any movement tha t would bring a s ta te in s titu tio n to the c ity and would enab le them partia lly at le a s t to recover what they had in v e s ted . W hatever w as the m otivating fac to r, the rep re sen ta tiv e s from the c it ie s th a t even tually secu red the 1. That of ex -P res id en t Bascom of the U niversity of W iscon sin . Senator M atts read to the Senate a pe rsonal le tte r he had from President Bascom . 2 . HELENA WEEKLY INDEPENDENT, Feb. 9 , 1893, p . 2 . 3. Brewer, NOTES, pp . 4 -9 . (H istory Departm ent, M ontana S tate C o llege .) (W. p . Brewer, for more th an fifty years a p ro fesso r a t M ontana State C o llege , questions the accuracy of the "picture of a group of se lf ish lo ca l rep re sen ta tiv e s squabbling over th e d istribu tion of s ta te schools as a sort of prize money for the lo ca l community. ") 31 « in s titu tio n s of h igher education were excep tionally busy during th is le g is ­ la tive s e s s io n , and undoubtedly considerab le "ho rse-trad ing" took p lace betw een them and the rep resen ta tiv es from communities seek ing o ther s ta te in s titu tio n s . However, there were no charges of the corrupt u se of money. There is no question , on the o ther hand , th a t i t w as the se lf ish in te re s ts of th ese lo ca l communities th a t "turned the ba lance in favor of seg rega tion . After the g rea t d eb a te , w hich re su lted in loca ting the un iversity at M issou la , i t d id not take the leg is la tu re long to loca te the agricu ltu ral co llege a t Bozeman, the schoo l of m ines a t Butte, and the normal schoo l a t D illon . Early in the se s s io n i t seemed assu red th a t the normal schoo l would go to Twin B ridges, where a private schoo l w as a l ­ ready in ope ra tion , w ith bu ild ing s , land , and equipment ready to be tran sferred to the S ta te . However, during the in -figh ting over a ll the is su e s before th is L eg isla tu re , the proponents for the D illon location succeeded a t the la s t moment in securing the normal schoo l, and Twin 14 Bridges had to be con ten t w ith the O rphans' Home. The ag ricu ltu ral co llege w as the f irs t to be leg a lly e s ta b lish ed , w ith the b ill for i ts c rea ­ tion signed on February 16, 1893.^ The b ills of estab lishm en t for the un iversity and the schoo l of m ines were signed on February 17, 1893. The normal school w as au thorized on February 23, 1 893 .^ 123 1. Ham ilton, op . c i t . , pp . 178-180. 2. SESSION LAWS OF 1893, p . 173. 3. Ib id . , pp . 176, 180, 181. CHAPTER II FOUNDATIONS FOR A SYSTEM OF HIGHER EDUCATION I , LAYING CORNERSTONES W ith the fight over estab lishm en t f in ish ed , the Legislature ex ­ perienced no d ifficu lty in se ttin g up the S tate Board of Education and defining i ts d u tie s . On March I , 1893, the Legislature p a ssed a b ill providing th a t the Board should have "general control and superv ision of the s ta te un ivers ity and the various o ther s ta te in s titu tio n s . By pro- 2v ision of the S tate C onstitu tion , a s w e ll as by leg is la tiv e enactm ent, the S tate Board of Education w as to be composed of e leven members — three of whom were to be ex -o ff ic io , and e igh t of whom were to be ap­ pointed by the Governor, under leg a l regu la tio n s . The ex -o ffic io members were to be the Governor, who by law w as to p reside over the Board as i ts « presiden t; the S tate Superintendent of Public In struction , who w as d e s ig ­ nated to be i ts secre ta ry ; and the A ttorney-G eneral. Appointive members were to serve terms of four years e a c h ,^ w ith a term to begin on February I of the year of the member's appointm ent. The o rig inal 1 1. REVISED CODES OF MONTANA, 1907. p . 174. 2 . - I b id . , p . c x x . 3. Note; After th e o rig ina l te rm s, which were staggered in order to have two appointm ents each y ear. Later the term of o ffice w as changed to e igh t years w ith one member appointed each year. ex -o ffic io members of the State Board of Education were Governor J. E. R ickards, State Superintendent of Public Instruction E . A. S te e re , and A ttorney-General J. H . H aske ll. The appointive members were R. G . Young and Nelson Story, w ith terms expiring in 1895; James Reid and John F. Fo rb ls , w ith terms expiring in 1896; J. E. Morse and T. E. C o llin s , w ith terms expiring in 1897; and J. M . Hamilton and Alfred M y re s , w ith terms expiring in 1898. Duties of the S tate Board of Education re la tiv e to the s ta te educa tiona l in s titu tio n s were d esigna ted as follows;* 1 . G eneral con tro l and superv ision 2. Rules and regu la tions for government of in s titu tion s 3. Granting diplomas and degrees 4 . G eneral contro l of a ll re ce ip ts and d isbursem ents of in s titu tion s The Board w asted no time in proceeding to the o rgan ization of the educa tional in s t i tu t io n s . Pursuant to a c a ll from Governor R ickards, it met in the parlor of the Hotel Bozeman in Bozeman on M arch 20, 1893, w ith a ll members p resen t excep t N elson Story and Alfred M y re s .^ That the Board in tended to organize a ll of the au thorized in s titu tio n s was ind ica ted by its ac tion at th is m eeting and a t a sp e c ia l m eeting in May in se ttin g up Board committees and lo ca l execu tive boards for each in s titu tio n . Since no lo ca l execu tive board had been e s tab lish ed by law for the un ivers ity at M isso u la , the Board proceeded to e s ta b lish i ts own lo ca l execu tive board of three 12 33 1. REVISED CODES, op . c i t . , pp . 171-172; 174-175. 2. MINUTES, op . c i t . , p . 29. 34 members for th is in s titu tio n , w ith du ties "as p rescribed by the State Board of Education from time to t im e ." 1 No doubt th is d irec t link w ith the State Board of Education fu rn ished th a t ex tra measure of control which was to a ssu re l it t le of the ju risd ic tiona l b a ttle betw een the lo ca l board and the State Board th a t la te r became so eviden t in the o ther in s t i tu t io n s . The orig inal Board committee for the un iversity w as J. M . Ham ilton, J. E. R ickards, and James Reid; for the ag ricu ltu ral c o lleg e . N elson Story, H. J. H aske ll, and Alfred M yres; for the normal schoo l, J. E. M orse , R. G. Young, and N elson Story; for the schoo l of m ines, John F. F o rb is , J. E. M orse , and T. E. C o l l i n s T o the un iversity loca l execu tive board were appointed H . T. Ryman, T. C . M arsha ll, and Hiram Knowles'1 — a ll of whom, in c id en ta lly , served continuously un til the reo rgan iza tion of the lo ca l execu tive boards by th e 1909 L eg islative Assembly. To the lo ca l board of the ag ricu ltu ra l co llege five members were appointed as provided by the law e s tab lish in g th is in s titu tio n : W alter Cooper, George Kinkel, J r . , Peter Koch, E. H . T a lco tt, and Lester S. W illso n .^ Appointed to the lo ca l board of the normal schoo l were George B. Conway, W . J. C row ell, Frank 1. I b id . , p . 41. 2. Ib id . 3. Ib id . 4. I b id . , p p . 29-30 . 35 E lie l, Emmerson H ill, and W . M . O liver. ^ T rustees^ for the school of m ines were Stephen De W olfe, C . M . Goodale, J. H. Leyson, F. E. Sergeant, and E. H. W ilson . At th e se same early m eetings the State Board accep ted s i te s for the new in s titu tio n s at M issou la and D illon as w e ll as for the ag ricu ltu ra l co llege a t Bozeman. D espite th ese defin ite ac tions ind icating a p lan to go ahead w ith the organization of the in s titu tio n s , no further implementation in 1893 follow ed, however, excep t for the ag ricu ltu ra l co llege a t Bozeman. Pos­ sib ly the fa ilu re to organize the o ther in s titu tio n s a t th a t time might have been due to the lack of operating funds. Although the 1893 L eg islative Assembly had appropriated $15,000 to each of the in s titu tio n s for bu ild ­ in g s , it had made no appropriation for operating fu n d s .^ M oreover, the to ta l appropriations by th is Legislature exceeded the an tic ipa ted revenue for the b iennium , so th a t the S tate Board of Examiners re fu sed to allow even the bu ild ings app rop ria tion s. M ontana State College — Early O rganization The leg a l ob liga tions of the Legislature to the ag ricu ltu ral co llege at Bozeman were quite d ifferent from tho se involving the o ther in s titu tio n s . 1 1. I b id . , p . 64. Note: However, in 1895, the lo ca l board w as apparen tly reduced to th ree m embers. It w as changed back to five members by the 1903 le g is la tu re , when the name of the in s titu tio n w as changed to M ontana S tate Normal C o llege . 2. Note: T itle u sed in the law e s tab lish in g the in s titu tio n . 3. Ham ilton, op . c l t . , p . 181. 36 A sp ec ia l provision of the law creating the ag ricu ltu ral co llege w as the in structions to the S tate Board of Education to s e le c t the exac t s ite for the new in s titu tio n w ith in n inety days a fte r the Board shou ld be o rgan ized . By law th is s ite had to be in Bozeman or w ith in th ree m iles of the corpor­ a te lim its of the c ity . Such an a rea would include the loca tion of old Fort E llis , land which the fede ra l government w as w illing to grant to the State for the use of the ag ricu ltu ra l co lleg e . One reason for in serting th is provision in the law w as to insure th a t the co llege might be in oper­ ation before the end of the 1892-1893 f is c a l year on June 30, 1893, so th a t the federal appropriation of $18,000 under the Second M orrill Act might be ava ilab le for u se by the co lleg e . So at th is f irs t m eeting of the S tate Board of Education in Bozeman, a committee of Bozeman c itiz en s — Lester S. W illson , W alter Cooper, J. E. M artin , Peter Koch, C . W . Hoffman, and 0 . P. Chisholm — w aited on the Board in order to offer a s i te for the new co lle g e . On behalf of the c ity of Bozeman they offered to donate to the S tate b locks 22, 23, 24, 25, 26, and 27, w ith a ll s tre e ts and a lle y s , of the C apito l H ill Addition to the c ity of Bozeman. x This s ite had been se t a side by the c ity during the struggle over the lo ca tion of the S tate C ap ito l, and now , s ince Boze­ man had lo s t out in th a t s tru g g le , w as ava ilab le for the ag ricu ltu ral I. I . MINUTES, op . c i t . , pp . 37 -40 . 37 co lleg e . In add ition , on behalf of the county of G a lla tin , the committee offered to donate to the State the county Poor Farm of 160 acres which adjoined the C apito l H ill Addition. The committee further offered options a t a nominal co s t of 240 acres of adjoining land . After some d iscu ss io n as to the re la tiv e m erits of th is s i te offer and the use of the Fort E llis s ite as mentioned above , the State Board of Education agreed w ith the com­ m ittee th a t the la tte r s i te w as too sm all for use as an experim ental s ta tio n as w ell as an agricu ltu ral co llege and decided to accep t the offer of the c itiz en s of Bozeman and of G a lla tin County. * The lo ca l execu tive board , however, w as s t i l l faced w ith a big problem . Even though they had a s ite for the new co lleg e , th ey s t i l l had no bu ild ings. Here again the c itizen s of Bozeman ra llied to th e support of the co lleg e . N elson Story, a member of the S tate Board of Education and a c itiz en of Bozeman, offered free u se of the old ska ting rink on the corner of W est M ain and Third Avenue, w hich was currently housing a sm all Academy sponsored by the P resby te rian s. W ith the opening of the ag ricu ltu ral c o lle g e , there would be no further u se for th is Academy, s ince the planned preparatory department of the co llege would take care of the Academy s tu d en ts . The academy therefore d isbanded , and the co llege occupied i ts bu ild ing . For o ther needs of the co lleg e , the tru s te e s I. I . I b id . , p p . 37 -40 . 38 of the high schoo l made ava ilab le a t a very nominal fee some rooms in the high school bu ild ing , loca ted one block south of the former A cademy.1 According to a report made on April 11, 1893 to the S tate Board of Education the lo ca l execu tive board of the ag ricu ltu ral co llege organized on March 28, 1893, e le c tin g L ester S. W illson as p res id en t, George K inkel, J r . , as v ic e -p re s id en t, and Peter Koch as se c re ta ry . This board decided to offer a summer term of ten w eeks beginning on April 17, 1893, thus insuring use of the federa l appropriation of $18,000 for current ex ­ p en se s . As teach e rs for th is f irs t s e s s io n , they employed Professor Luther F o ste r, formerly of the South Dakota Agricultural C o llege , and M r. H. G . P he lp s, who had been operating a p rivate b u s in e ss co llege in Bozeman. Professor Foster w as paid a sa la ry of $600 for the term and M r. Phelps a sa la ry of $300. The report further ind ica ted that, an entrance fee of two do llars w as charged each general studen t and a fee of ten do l­ la rs each b u s in e ss s tu d e n t, "as no money would be availab le to pay for current e x p e n s e s ." As noted above, the S tate Legislature had made no appropriation for current e x p en se s , and the federal appropriation w as re ­ served for sp ec ific a reas of in struc tion and for books and sc ien tif ic equ ip­ ment. This f irs t income from federa l sou rces w as “used large ly for in it ia l pu rchases and m ateria ls for the department of chem istry , p h y s ic s , geology. 12 1. MINUTES, op . c i t . , pp . 65, 67, 68. 2. Ibid. 39 and m etallurgy. From the very beginning the lo ca l execu tive board took the In itia ­ tive in making p lans and dec is ion s regarding the ag ricu ltu ra l co lleg e . In some c a s e s , th e se dec is ion s ex tended even to m atters of po licy . Only the most routine reports were made to the S tate Board of Education — re ­ ports often made some time a fte r ac tions had been tak en . Such w as the c a se in p lans for the opening of th e co llege — most of w hich were made and carried out w ithout reference to the State Board of Education. In the same w ay, a ll of the p lans for the fa ll opening of the co llege were worked out in d e ta il by the lo ca l execu tive board w ithout reference to the State Board of Education un til i ts m eeting on September 8 , 1893, ju s t one week before the co llege w as expected to open . These p lans included the con­ struc tion of a d e ta iled budget^ for the y ea r, a defin ite respon sib ility of 12 1. W . F. Brewer, NOTES. (Unpublished m anuscrip t. H istory Departm ent, Montana S tate C o lleg e , 1942), pp . 4 -6 . 2. D eta ils of the budget were as fo llow s: S a la r i e s ...................................................................................... $16,200 Chem ical apparatus and a s s . o u tf it ................................. 2 ,500 Surveying In s trum en ts .......................................................... 1 ,200 Furniture, sh e lv ing , e t c ....................................................... 800 L ib ra ry ........................................................................................ 2 ,000 Fuel and jan ito r s e rv ic e s ...................................................... 1 ,200 Printing and s ta t io n e ry ......................... 1 ,000 B u ild in g s .................................................................................... 3 ,000 L iv e s to c k ....................... 1 ,500 M ach in e ry ................................................................................. 800 F e n c in g ...................................................................................... 640 Seeds, p la n ts , e t c ................................................................ 400 L ab o r .......................................................................................... 2 ,500 Apparatus for S tation L abo ra to ry ........................... 1 ,500 M isce llaneous e x p e n s e ......................... 1 ,000 40 the State Board. In add ition , the lo ca l board decided to occupy the tem­ porary quarters u sed during the summer s e s s io n , and to continue the system of en trance fee s from studen ts who should e n ro l l .1 To be su re , a ll of th e se p lans were reported to the m eeting of the S tate Board of Edu­ ca tion on September 8 , but it w as obvious th a t the lo ca l board expected no in terference from the Board w ith the p lans as reported or in the budget as se t up. In i ts report the lo ca l board exp la ined th a t th e se ac tions were due to the lack of m eetings by the State Board. To some ex ten t th is was tru e . However, to a g rea te r d eg ree , i t w as unquestionab le th a t the loca l executive board fe lt a g rea t deal of independence as a re su lt of the le g is ­ la tiv e ac t whereby considerab le autonomy w as inferred in the de legation to the loca l execu tive board of "immediate d irec tion and control of the affa irs of sa id co lleg e , sub jec t only to the general d irec tion and control of th e s ta te board of educa tion , M oreover, part of th is independence w as due to the dynamic leadersh ip of Peter Kochr who from the very f irs t dominated the lo ca l execu tive board of the c o lleg e . In every way he led the loca l board into positions of command and au thority , assum ing th a t , w ith the excep tion of facu lty appoin tm ents, the lo ca l execu tive board 12 1. $10.00 per annum, excep t th a t s tuden ts from the Bozeman school d is tr ic t who were not qua lified to "en ter the co llege course proper" were charged a fee of $25 .00 . 2. MONTANA CODES, ANNOTATED, 1895 ed . Section 1625, C hapter IV, Title III, Education . P o litica l Code o f the S tate of M on tana . ; / TT ^ t. v .. w 41 was empowered to make a l l of the n ece ssa ry dec is ion s to carry out p lans for the development of the ag ricu ltu ra l co lleg e , w ith l it t le re s tra in t, if any, from the State Board of Education. From the f i r s t , facu lty appointments seem to have been referred to the State Board of Education for confirm ation. Accordingly, at i ts m eeting on May 25, 1893, the State Board e le c ted Professor Augustus M . Ryon of The College of Montana a t D eer Lodge as the f irs t p residen t of the agri­ cu ltu ra l co lleg e , a t a sa la ry of $3 ,000 . H. J. H ask e ll, A tto rney-G eneral, d is sen ted , favoring the e lec tion of President James Reid of The College of M ontana. * S. M . Emery of G reat F a lls w as e le c ted D irector of the Experi­ m ental S tation at a sa la ry of $2 ,500 . Although he did not hold a college degree, he w as w e ll known and re sp ec ted in Montana for “h is p rac tica l and su cce ss fu l work as a h o rticu ltu ra lis t and nu rse rym an .1,2 Professor Luther Foste r, who had headed the co llege during the opening summer term , w as re ta ined on the s ta ff a t a sa la ry of $2 ,400 . He w as a lso ag ricu ltu ra lis t for th e Experiment S ta tion . Dr. Frank Traphagen, "a highly competent s c ie n t is t , w as brought in from The College of M ontana to head the department o f chem istry , p h y s ic s , geology, and m etallurgy . His sa lary w as $2 ,000 . “A m aster te a ch e r , thorough scho la r, a co llec to r 1 1. MINUTES, op . c i t . , p p . 62 -63 . 2. M . G . Burlingame, MONTANA FRONTIER. (Helena: S tate Publishing Company), pp. 15-16 . 3. Brewer, op . c i t . , pp . 4 -6 . 42 of rare ab ility . D r. Traphagen w as to leave an indelib le imprint upon the new in s titu tio n . O ther facu lty members were B. F. M aiden , p ro fesso r of English and principal of the Preparatory Department — at a sa la ry of $1,200; Homer G . Phelps (also one of the teachers in the beginning summer term) in struc to r in bookkeeping and shorthand — a t a sa la ry of $1,200; R. E. C handler, in charge of the department of m athematics and m echanical engineering — a t a sa la ry of $1 ,500; and Dr. W . L. W illiam s, p ro fessor of Veterinary Science and ve terinarian for the Experiment Sta­ tion — at a sa la ry of $2 ,000 . "M iss Kate C a lv in , who had taught music a t The College of M ontana, w as induced to come to Bozeman as teache r of p iano. She w as not g iven a defin ite sa la ry , but w as to have the fees co llec ted from her s tu d en ts . Even before the co llege opened on September 15, 1893, contro­ versy had a risen as to the management of the funds of the co lleg e . The lo ca l executive board , under the in fluence of Peter Koch, attem pted to have th e se funds adm inistered d irec tly by the trea su re r of the lo ca l board . However, the S tate Board of Education , a t i ts m eeting on September 11, 1893, refused to accep t th is p lan , voting to le t the funds remain in the hands of the S tate T reasurer "un til the m atter should be fin a lly determ ined O by the Supreme Court. " That th is re fu sa l might have been colored by 1 1. Burlingame, op . c i t . , pp . 15-16 . 2. Ib id . 3. MINUTES, op . c i t . , pp . 80 -82 . 43 pique over the h igh-handed ac tions of the lo ca l execu tive board in making fina l p lans for the opening of the co llege w ithout con su lta tion w ith the State Board is ind ica ted by the fac t th a t a t the same m eeting bonds for the treasu re r of the lo ca l execu tive board were s e t a t $50 ,000 , a ra ther high figure if no funds of appreciab le amount were to be hand led . Con­ firmation th a t the f irs t ac tion w as the re su lt of pique and not of convic­ tion is revealed by the fac t th a t a t its very next m eeting , December 4, 1893, the S tate Board, w ithout aw aiting the Supreme Court d ec is ion to which reference w as made in September, au thorized the trea su re r of the lo ca l executive board to handle d irec tly a ll funds of the c o l le g e . ^ Thus, ea rly in the h isto ry of the co llege Peter Koch won h is f irs t skirm ish w ith the State Board of Education . Immediately follow ing th is d ec is ion by the Board, another vote d irec ted th e S tate T reasurer "to turn over to the treasu re r of the Executive Board of the Agricultural College a ll funds now in h is p o sse ss io n derived under the M orrill and Hatch Acts from the Federal Government, and th a t h e reafte r he sh a ll tu rn over a ll such funds to the treasu rer of the Executive Board when he rece iv es th em ."^ At th is same meeting Peter Koch supp lied bond for $50,000 as trea su re r . Thus he combined the du ties of sec re ta ry and trea su re r and a lso m aintained contro l over the accounting system of th e co lleg e . Such con tro l, poin ted out I. I . Ibid. , p p . 96 -99 . 44 William M . C ob le igh , long-tim e member of the facu lty of M ontana State C o llege , de fin ite ly lim ited the power of the p residen t of the co llege and e s tab lish ed much power in the office of the se c re ta ry -tre a su re r . "In the absence of a budget sy s tem , he a lso re ta ined authority over the po lic ies of expenditures to the point th a t almost every purchase of supp lies and equipment had to be ind iv idually referred to the board or to the secre ta ry before p lacing the o rder. "* As noted p rev iously , the f irs t fu ll year of the co llege opened on September 15, 1893. During th a t y ear a to ta l o f 135 s tuden ts were en­ ro lled , not counting the s tuden ts in m usic . Thirty-four of th e se s tuden ts were enrolled in regu lar co llege cu rricu la , which Included ag ricu ltu re , dom estic economy, and eng ineering . Approximately th irty -fou r su b je c t- m atter cou rses were taugh t by a facu lty of seven . ^ This course (1893 curricu la) w as ou tlined by the firs t p residen t w hose co lleg ia te tra in ing had been in mining engin­ eering . It w as prepared quite independently of advice and a s s is ta n c e of the ag ricu ltu ra l department rep resen ted by only one member of the facu lty . The two o ther cu rricu la , one in dom estic economy and the o ther in app lied sc ience (eng ineering , were about as fau lty in the se lec tio n of sub­ jec t m atter, a s is p la in ly evident in the course in ag ricu ltu re . ^ 1 1. W illiam M . C ob le igh , PROGRESS THE YEARS FROM 1893-1936. (Unpub­ lish ed paper p resen ted to Bozeman G . K. Club in 1936), p . 4 . 2 . I b id . , p p . 10-11 . 3. I b id . , pp . 13-14 . 45 In addition to the co llege cu rricu la , a program w as offered a lso for the sub -co lleg ia te s tuden t. Such a s tuden t might choose e ith e r the Prepara­ tory Department or the Business Departm ent. This su b -co lleg ia te work w as usua l in the early period of M ontana higher education and continued a s a part of the co llege program w ell in to the tw en tie th cen tu ry . Oppor­ tun ity for high schoo l tra in ing w as not availab le in many of the communi­ t ie s of the S tate in the early y e a r s , and when a v a ila b le , w as not u sua lly of high ca lib e r. Accordingly, a ll of the co lleges had to make provision to take care of s tuden ts whose record showed no formal completion of en ­ trance requirem ents. This pa ttern w as a lso to show up la te r as the un i­ v e rs ity , the normal schoo l, and the school of m ines were o rgan ized . In fa c t , the f irs t ca ta logue of the ag ricu ltu ra l co llege makes no mention of formal entrance requirem ents to the co llege cu rricu la , and fa ils to ind i­ ca te c learly tha t the preparatory course as ou tlined , or i ts equ iva len t, would be required for en trance to th e co llege cu rricu la . Apparently such entrance w as ob tained on an ind iv idual b a s is ra ther than on the comple­ tion of s ta ted requ irem ents. During th is f irs t year of the co llege the preparatory course w as designed for one year on ly . By the th ird anniver­ sary of the co lleg e , the course had been extended to th ree y e a rs , w ith s ta ted entrance requirem ents for the co llege cu rr icu la . In 1907, under the influence of the Carnegie Foundation, the co llege re s ta ted i ts en trance provisions to require fourteen un its of high schoo l work. W ith the 46 improvement of h igh schoo l fa c ili t ie s throughout the s t a te , the demand for sub -co lleg ia te tra in ing d ecreased each year. By the c lo se of the schoo l year in June, 1906, the Business Department was dropped, and a co lleg ia te se c re ta ria l program in s titu ted in i ts s te ad . At the c lo se of the 1912-1913 school year the preparatory department w as d iscon tinued . It w as fric tion over the philosophy involved in providing for th is sub -co lleg ia te s tuden t th a t led to a change of p res iden ts a t the c lo se of the f irs t year of the co lleg e . That President Ryon was an exce llen t ad­ m inistra tor w as proven by h is having an unexpended balance of $16,000 in h is f irs t-y e a r budget w hile a t the same time providing adequate educa­ tion for h is s tu d en ts .* He w as a thorough scho lar and one who demanded high standards of scho larsh ip from h is s tu d en ts . However, he w as con­ vinced th a t the b e s t in te re s ts of the co llege would be served by providing rather lax standards of adm ission , thus ca tering to a much larger group of studen ts than would o therw ise be p o ss ib le , and thereby securing sup­ port from more c it i en s for the n ece ssa ry bu ild ing s, equipment, and cur­ rent expenses of the new co lleg e . He fe lt th a t the needs of such studen ts could be met by the Preparatory Department and the Business Departm ent, both of which would be m aintained on a su b -co lleg ia te b a s is . In th is point of view he was supported by many facu lty members and o thers I. I . MINUTES, op . c l t . , p p . 111-113. 47 in te res ted in the in s titu tio n who fe lt th a t such a program w as ju s tif ied in a s ta te w ith so few high schoo ls providing adequate p reparation for regu­ lar co llege study . Opposed to th is point of view w as a group of the facu lty and sup­ porters of the co llege who held out for high en trance requ irem en ts, fee ling th a t use of the re s tric ted funds of the co llege could not be ju s tif ied for sub -co lleg ia te education any longer th an abso lu te ly n e ce ssa ry . This group m aintained tha t the requirem ents for adm ission should be progres­ siv e ly ra ised un til even tually the su b -co lleg ia te work would be d iscon tin ­ ued a ltoge th e r. The leade r of th is second group w as Peter Koch, se c re ta ry - treasu rer of the lo ca l execu tive board . As has been p rev iously no ted , h is influence on po licy , through h is fin anc ia l con tro l, w as even g rea ter than th a t of the P residen t, and w ithout question th is s itu a tion in ten sified the s trugg le . Koch, an em igrant from Denmark, where he had completed h is un iversity education in the extrem ely academ ic European trad ition , w as a scho larly man, and had l i t t le p a tience w ith democratic tendencies as ev idenced by th is ca tering to the su b -co lleg ia te group. In response to the argument of P residen t Ryon th a t h is p lan was for the b e s t in te re s ts of the S ta te , Koch conducted a survey of p laces of res idence as ev idenced in the enro llm en t, finding "that the a ttendance w as decided ly lo c a l. All but e leven of the s tuden ts had come from G alla tin County, and those e leven had come from the adjoining coun ties of Park, M ad ison , and 48 Jefferson. Throughout most of the f irs t y ear the two groups continued th e ir a r­ gument , w ith fin a l v ictory going to Peter Koch and h is fo llow ers . W ith every ind ication of good spo rtsm ansh ip . P resident Ryon stepped a s id e , resigned as the President of the co lleg e , and accep ted the position of p ro fessor of Engineering and Engineer of the Experiment Station a t a sa la ry of $2 ,500 . He he ld th is position for two y e a r s . However, h is followers did not accep t d e fea t w ith the same good g ra c e , and fric tion continued among the s ta ff members to such an ex ten t th a t the lo ca l execu­ tive board in 1896 “requested the resignation of a ll members of the facu lty . Several of them were re -e le c te d to positions on the s ta f f , but not a ll accep ted , and the co llege opened i ts doors in the fa ll of 1896 w ith a la rge ly reconstructed facu lty of fourteen m embers. "1 2 Montana State U niversity — Formative Years For some reason the le g is la tu re , when e s tab lish ing the un iversity of Montana a t M issou la , fa iled to make any provision for a lo ca l execu ­ tive board. So the S tate Board of Education , a t th e ir m eeting in M ay, 1893, se t up an execu tive committee of th ree members as a d irec t rep resen ta tion of the Board. This comm ittee, to be appoin ted by the Governor, w as given 1. Burlingame, op . c l t . , pp . 23-24 . 2. Brewer, op. c l t . , p . 7 . 49 du ties "as p rescribed by the State Board of Education from time to tim e. "1 Accordingly, there w a s , throughout the y e a rs , l i t t le of th a t ju risd ic tiona l controversy w ith the un ivers ity th a t w as to be so ch a rac te ris tic w ith the o ther in s titu tio n s . Furthermore, the S tate Board of Education exerc ised much more d irec t control of the un ivers ity in regard to minor d e ta ils of adm inistration . At th a t same m eeting in M ay, the S tate Board accep ted as a s ite for the new in s titu tio n th e offer of forty acres of land donated by Frank H iggins and E. L. Bonner. 1 2 3 Such rapid ac tion by the S tate Board of Education in 1893 should have led to the immediate o rganization of the un ivers ity . However, no further action w as taken un til December, 1894, when the S tate Board adopted unanimously the recommendation of i ts committee on s ta te uni­ v e rs ity , in struc ting the lo ca l execu tive board (earlie r c a lled "executive committee") to report a t the January, 1895, m eeting of the S tate Board of Education in regard to p lans for opening the un iv ers ity . These p lans were to include: 1. Terms for secu ring a bu ild ing for un iversity pu rposes.fo r the next two y e a rs , w ith option for two years more 2. Needed appara tu s , su p p lie s , fu rn itu re , reference books — co s ts of the same 3. Needed facu lty and s ta ff — position and sa la ry of each 4 . Course of study adequate for p resen t needs^ 1. MINUTES, op . c i t . , p . 41 . 2. I b id . , p . 52. 3. I b id . , p p . 131-133. 50 As in s tru c ted , the lo ca l execu tive board reported on January 15, 1895, w ith a complete p lan for the in itia l operation of the un iv e rs ity . 1 They had secured perm ission from the M issou la Public School D is tr ic t for use of the new South M issou la Public School Building lo ca ted in the re s id en tia l sec tion of the c ity w ith nearby "su ffic ien t open ground for an a th le tic park . " It w as w ith in th ree -fo u rth s ' m ile of the posto ffice and the b u s i­ n e ss cen ter of the c ity , and had a c c e ss to sidew alks from a ll parts of the c ity . It w as w ith in two b locks of the s tre e t-c a r lin e , and w as near enough to the c ity so th a t "studen ts may e a s ily and convenien tly find board and lodging among the private fam ilies of the c i t y . " The building had 13,890 square fee t of floor sp a c e . Since i t w as ye t un fin ished , the School D istric t agreed "to arrange the rooms to su it the convenience of the schoo l. " In th is same report the lo ca l board revealed a budget of $26,000 for the two y e a rs , w ith $14,680 of th is amount in tended for the f irs t year. The ex tra co s t for the f irs t y ear w as due to sp ec ia l expendi­ tu res for furniture and ap p a ra tu s . Three cu rricu lar departm ents were planned in th is report; p repara­ to ry , lite ra tu re— sc ien c e—and the a r ts , and p ro fessiona l and techn ic a l schoo ls . The la tte r sc h o o ls , excep t for art and m usic , were not to be opened immediately , but p lans were included so as to ind ica te future in ten tion to provide for tra in ing in law , m ed icine , pharm acy, den tis try I . I b id . , p p . 139-146. 51 mechanical and c iv il eng ineering , and p rac tica l chem istry . Instruction in art and music w as to beg in immediately , but s ince the law did not pro­ vide for free tu ition in such su b je c ts , the lo ca l board planned th a t sa la r ie s for such in struc tion would be paid out of studen t fe e s . For the f irs t year o f the un iversity it was planned to offer only the freshman work in l ite r ­ a tu re , s in c e , and the a r t s , s in ce it w as not expected that s tuden ts would apply for adm ission to the h igher c la s s e s . This department w as sub­ divided into c la s s ic a l , ph ilo soph ica l, lite ra ry , and general s c ien tif ic . The p lan provided for obtain ing s ix sa la ried in s tru c to rs , a t an average sa la ry of $1,500 per year — one-ha lf of whom were to be experienced teachers and were to be paid $1 ,800 or $2 , 000; the o ther ha lf were to be paid from $1,000 to $1 ,200 . No p residen t w as to be h ired s ince the lo ca l execu tive board fe lt th a t to secu re the kind of man the un ivers ity would need would co st more th an the funds which were ava ilab le for such a pur­ po se . The arrangement ca lled for some member of the facu lty to be denomi­ nated a s acting p res id en t. The S tate Board of Education accep ted the report of the lo ca l execu ­ tiv e board and requested from the Legislature in se s s io n an appropriation su ffic ien t, in add ition to the $13,486 th en on hand , to open and operate the un ivers ity . Its committee on the un ivers ity w as empowered "to exam­ ine and accep t such p lans as may to them seem b e s t __ and to ac t w ithout expense to the s t a t e . " Also i t in struc ted the lo ca l execu tive board 52 to contract w ith the c itiz en s of M issou la for the bu ild ing , reporting fur­ ther developments to the next m eeting of the State Board of Education. At th is next m eeting the State Board did confirm a ll of the interim ac ts of i ts committee on the un iversity and of the loca l execu tive board re la tive to the opening of the un iversity and took further s te p s , as fo llow s:1 1. Definite opening date se t for September, 1895. 2 . Authorization of four p ro fesso rs — one of whom would ac t as p res id en t, w ith sa la r ie s as follows — P re s id e n t— $2 ,500 , p lus not to exceed $200 for trav e l­ ing expenses Science — Not to exceed $1 ,800 , p lus $200 expenses for the f irs t year O thers — Not to exceed $1,500 3. Authorization of m atricu lation fee of $10 per s tuden t, excep t th a t for re s id en ts of M issou la , if high school s tu d en ts , th e fee would be $25% 4. Appointment of a committee of the S tate Board (H askell, Ham ilton, F o rb is , and Young) "to so lic it subscrip tions to endow p ro fesso rsh ip s in the un ivers ity . “ In M ay, 1895, the S tate Board of Education e le c ted W ebster M errifie ld of North Dakota a s p re s id en t, appointed S. A. M erritt of Helena as p ro fessor of s c ie n c e , and decided th a t a t le a s t one woman should be e le c ted for the fa cu lty . 1 23 Following M errifle ld 's dec lina tion of the appointment as p res id en t, the Board in June e le c ted O scar J. C raig of L afayette , Ind iana , as p res id en t, w ith h is term to beg in July I , 1895, and w ith in struc tions to come a t once . At the same meeting M rs . L. S. 1. MINUTES, op . c l t . , p . 155 2. Repealed in December, 1895, as " illeg a l and un ju s t. " 3. MINUTES, op . c l t . , pp . 165-166. 53 Greenleaf and M iss E lizabeth Reiley were e le c ted to f i l l the remaining' in struc tiona l p o s it io n s , each w ith a sa la ry of $1,000 per y ear. N either lady would accep t the sa la ry o ffered , but apparen tly — though there is no sta tem ent to such an e ffec t in th e m inutes of the S tate Board of Educa­ t i o n — the Board reached a la te r agreement w ith M iss R eiley , for in October* a ce rtifica tion w as is su ed for her as m athematics te a ch e r, w ith sa la ry a t the ra te of $1,200 for the y ear. In the same certifica tion n o tic e , no tation is made for W . M . Aber, Greek and Latin te a ch e r , a t a sa lary ra te of $1,500 for the year and for F . C . Scheuch , modern languages and m echanical drawing te a ch e r , a t a sa la ry ra te for the year of $1 ,200 . In the July m eeting the S tate Board of Education a lso authorized employment of a music te a ch e r, "to be compensated by the pupils taugh t. In the October m eeting of the Board, Mary A. C raig w as appointed as lib rarian a t a sa lary of $20.00 per month. In a ll of th e ir arrangements for the opening of the un iv ers ity , as w e ll a s for the very routine d e ta ils of operation during the f irs t y ear, the S tate Board of Education m aintained c lo se co n tac t. This p rac tice w as in strik ing con trast to th e po lic ies concerning the ag ricu ltu ral co lleg e , where the lo ca l execu tive board a ttended to a ll routine d e ta i l s , w ith the excep tion of facu lty appoin tm ents, and made only routine periodic reports 12 1. I b id . , p . 227. 2. I b id . , p . 208, 54 to the State Board, w ithout apparen tly expecting confirm ing action by th a t body. In the S tate Board m inutes for th is period e x is t no tations of ac tions taken about such routine un ivers ity affa irs as purchase of lib rary book s , employment of jan ito r, reimbursement of the p residen t for postage ex­ pended, furnishings for the lib ra ry , textbooks to be used by facu lty , author! a tion for annual ca ta lo g , and the lik e . Among the routine b ills considered in June, 1896, were advertis ing b ills from the Anaconda Stand­ ard and the Helena Independent. Upon p resen ta tion of th ese b i l l s , many of the members of the Board s trenuously ob jec ted to the use of appropri­ ation funds for payment of new spaper advertis ing . W hile the Board did fina lly approve payment of th e se c la im s, it a t the same time p assed a reso lu tion "that the lo ca l execu tive board be requested not to incur any more b ills for n ew spapers , to be pa id out of appropriation fund s . Thus w as e s tab lish ed a p receden t s t i l l in force today . The m eticulous manner in which the S tate Board thus considered th ese routine m atters ind ica ted th a t i t did not in tend th a t the lo ca l execu tive board should have , even in minor m a tte rs , any f in a l au thority to a c t . There w as a c lea r ind ica tion , even th en , of th a t ju risd ic tiona l struggle betw een the S tate Board of Edu­ ca tion and the various lo ca l execu tive boards th a t h as p e rs is ted to some ex ten t even down to the p resen t day . When se tting up p lans for the opening of the u n iv e rs ity , the State I. I . MINUTES, Vol. II, p . 59. 55 Board of Education planned to show th e ir support of the new in s titu tio n by holding a m eeting of the Board in M issou la in September, 1895, a t the time of the opening date on September 11. However, the m inu tes ^ carry th is te rse sta tem ent; "There not being a quorum p re sen t, no o ffic ia l b u s in ess w as tran sac ted . " D esp ite th is oversigh t on the part of the State Board m embers, the un ivers ity did get off to a good s ta r t , w ith sligh tly fewer than 150 s tuden ts en ro lled , most of whom were in the Preparatory Departm ent. In a summary report to the S tate Board of Edu­ ca tion on December 7 , 1903, P resident Craig ind ica ted th a t for th is firs t year six departments were ac tu a lly organized — h isto ry and lite ra tu re , ancien t languages , modem languages , m athem atics, applied s c ie n c e s , and preparatory s c h o o l .% That th e S tate Board deemed the f irs t year su cce ss fu l is ev idenced by i ts ac tion on June I , 1896, whereby the p re s i­ d en t 's sa lary w as in c reased to $3 ,000 , including trave ling expenses — a very comfortable ra ise for th a t day . An attempt w as made in the Board to make th is sa la ry $2 ,500 p lus $500 "or a s much thereof as may be n ecessa ry for trave ling ex p en se s . However, th is attem pt f a i le d , and the fla t ra te p reva iled . The Board a lso authorized add itions to the facu lty for 1896-1897 to be made by the lo ca l execu tive boa rd , "expense thereof not to exceed $1 ,500 , and sub jec t to the approval of th e Board. "4 1 1. MINUTES, Vol. I , p . 224. 2. MINUTES, Vol. IH , pp . 354-355. 3. MINUTES, Vol. II, p . 59 . 4. Ib id . , p . 58. 56 Furthermore, a t th is same m eeting , th e Board empowered President Craig to arrange p lans for build ings and for p la tting of the un iversity g rounds, se tting aside $100 as a contingent fund for th is purpose , to be expended under the d irec tion of the p res id en t. A build ing comm ission w as la te r appointed by the Governor, con s is tin g of J. H. T. Ryman, E . A. W in s tan ley , J. K. Wood, G. E. H igg ins, and J. R. Latimer. Ryman and W instan ley resign ing , Alfred C ase and Fred C . Stoddard were appointed in th e ir s te ad . This Building Commission organized w ith J. R. Latimer as p re s i­ dent and J. K. Wood as se c re ta ry . A. J. G ibson of M issou la w as super­ v ising a rch ite c t. * Plans for the f irs t build ings were approved by the State Board of Education on June 8 , 1897. Science Hall w as bu ilt f irs t because of lack of accommodations for th a t branch of educa tion in the build ing secu red from the M issou la Public Schoo ls. The main building — University Hall — was bu ilt immediately th e rea fte r , w ith the corner­ stone lay ing ceremony tak ing p lace during commencement in June, 1898 .^ P resident C ra ig 's annual report for 1897 ind ica ted th a t the to ta l enrollment for 1896-1897, the second year of the un iv ers ity , w as 176, an in c rease of 30 s tuden ts over the previous y ea r . Fourteen coun ties of Montana were rep re sen ted , as were seven d ifferent s ta te s . On June 8 , 1898, at the end of the th ird year of the u n iv e rs ity 's e x is te n c e , the f irs t 1 1. ANACONDA STANDARD, June 8 , 1898, p . 10. 2. MINUTES, op . c i t . , p . 159. 57 c la s s was g radua ted . Two young lad ie s were in th is c la s s — M rs. E lla Robb Glenny of M issou la , w ith a degree of B .A ., and M iss E lo ise Knowles of M issou la , w ith a degree of Ph.B . Also in th is c la s s w as Reno H . S a le s , i . . 7 ; , a graduate of the ag ricu ltu ral co lleg e , who w as granted the B .S . degree. By December 7 , 1 903 ,^ P resident C ra ig 's annual report to the Board ind i­ ca ted th a t the un iversity had expanded from its o rig inal s ix departments O to fourteen departm ents and two schoo ls . There were fifteen members on the facu lty in 1903, w ith four of the o rig inal five members s t i l l serv ing . In the e igh t years of the in s titu tio n only eigh t facu lty res igna tions had been rece iv ed . P resident C raig w as lav ish in h is p ra ise of the facu lty as fa ith fu l to the b e s t in te re s ts of the un ivers ity , s ta ting th a t the "mem­ bers , one and a l l , have been untiring in th e ir exertions to advance the w elfare of the seve ra l departm en ts. In h is report of June I , 1903, a t the c lo se of the schoo l y ea r, President C raig em phasized th a t th ree sp ec ia l achievements th a t year had marked the advancement of the un iversity : 1. C onstruction of W oman's H all and Gymnasium 2. Increased number of s tuden ts adm itted from high schools and a ttendance from portions of s ta te p rev iously unre­ p resen ted . 1 1. ANACONDA STANDARD, June 7 , 1898, p . 2. 2 . MINUTES, Vol. I l l , pp . 352-355. 3. D epartm ents: Chem istry , physics and geology , b io logy , m athem atics, l i te ra tu re , English and rh e to ric , h is to ry and ph ilosophy , psychology and m ethods, freehand draw ing, anc ien t lan gu ag es , modern languages , e locu tion , p hy sica l c u ltu re , m usic . Schools; M echan ica l eng ineer­ ing , preparatory . 4. MINUTES, op . c i t . , p . 352. 58 3. Substan tia l in c rease in amount of leg is la tiv e appropri­ a tions for m aintenance of the un ivers ity . M ontana State Normal School — Foundations O rganization of the s ta te normal school a t D illon and of the school of m ines at Butte fa iled to follow the pattern se t by the ag ricu ltu ral co l­ lege and the s ta te un ivers ity . Apparently the citizens of D illon and Butte were not as energetic as tho se in Bozeman and M issou la in formulating plans for providing bu ild ings in which to conduct c la s s e s un til such time as the s ta te build ings m ight become av a ilab le . The lack of sp e c ia l popular in te re s t in D illon might have been due to the manner in which the normal schoo l had been loca ted th e re . In the 1893 Legislative A ssembly, while the fight w as on over the location of th e in s t i tu t io n s , it had been commonly accep ted th a t the normal schoo l would be lo ca ted in Twin B ridges, where a p rivate normal school w as a l­ ready in ope ra tion , w ith good enrollment and w ith bu ild ings sa tis fac to ry for both in struction and res idence of p up ils . The c itizen s of Twin Bridges offered to donate th is "go ing-concern" to the S ta te , and b ill for the estab lishm en t of th e normal schoo l in th a t c ity seemed secu re ly on the w ay , s ince in both houses i t had e a s i ly p a ssed a ll s tag es in the le g is ­ la tive p rocess excep t the fin a l one . However, a t the la s t moment, the rep resen ta tiv es from D illon , supposed ly w ith the support of the Daly 59 faction* in the 1893 United S ta tes Senatorial c o n te s t, were able to strike the enacting c lau se from the b ill e s tab lish in g the normal school a t Twin Bridges, and then were able to m uster the n ece ssa ry vo tes to e s ta b lish it a t D illon. However, although the D illon rep resen ta tion s in the State Legislature were thus very active in securing the estab lishm en t of the normal school in D illon , there w as l it t le ev idence of popular support a t home for the schoo l. In any e v en t, w hatever the c au se , subsequent pro­ g ress toward a c tu a l o rgan ization of the school moved very slow ly . It is true th a t ea rly in 1893 a s ite w as secured for the normal schoo l. In fa c t , th ree s i te s were offered to the S ta te , and it was only a fte r considerab le maneuvering in the M ay, 1893, State Board of Educa­ tio n m eeting, including a vote of recon sid e ra tion , th a t the s ite of tw enty acres offered by M e s s r s . Poindexter, O rr, and Cornell w as fina lly a c ­ cep ted . ^ Although the lo ca l execu tive board w as appointed a t th a t same 12 1. M rs. M elvina J . Lott, (M .H .) , "H istory of Twin Bridges and V icinity , “ HISTORY OF MADISON COUNTY 1933, Vol. II , (Montana S tate H is­ to ric a l Library), p . 370. ("The most conspicuous ind iv idual there w as the la te M arcus Daly of Anaconda, booming h is own c ity for the c ap ita l. As the loca tion of the c ap ita l of the new s ta te had to be se ttle d by v o te , he considered i t an opportune time to secure the in fluence of the lead ing men of the s ta te for Anaconda for the c a p ita l . He took i t upon him self to champion an omnibus b ill and i t is a m atter of h is to ry th a t h is in fluence so dom inated the s itu a tio n , th a t only by h is good p le a s ­ ure the more minor in s t itu tio n s , e sp ec ia lly the State Normal School, . were enab led to ge t on the omnibus. He deemed i t b e s t to court the favor of Beaverhead County, and chose D illon in s te ad of Twin B ridges, thus ending the h isto ry of our normal schoo l. ") 2. MINUTES, Vol. I , pp . 59 -64 . 60 m eeting , there is no ev idence of any further action toward organ ization un til the S tate Board of Education meeting on December 4 , 1894. In th is meeting the S tate Board committee for the normal schoo l subm itted a * i somewhat c r itic a l repo rt1 concerning the non -ava ilab ility of an appropri­ a tion made by the Third L eg islative Assembly for the normal school and involving the lack of su ffic ien t income from the land grant for "erecting and furnishing build ings and engaging a competent facu lty for the open­ ing of the schoo l. ” A ccordingly, the committee suggested th a t the State Board consider a t th e ir January , 1895, meeting the p roposition of the c it i­ zens of D illon to furn ish a su itab le build ing for the school free of charge to the State for a period of y e a rs . If th is p roposition should be accep ted , the committee reported , th e lo ca l execu tive board proposed to open the school in September, 1895. This report w as accep ted by the State Board, which at the January m eeting made a further report th a t the build ing had 2been secured and put in read in ess to begin school by September I , 1895. However, th e se p lans were not carried ou t. The cau se for the change is not c le a r , but i t m ight po ss ib ly be due to the ac tion of the 1895 Legislative Assembly in authorizing build ing programs a t the s ta te educa­ tio n a l in s titu tio n s , financed from bonds b ased on land grant sa le s and /o r income. As early as December, 1893, the S tate Board of Education, 12 1. I b id . , PP. 133-135. 2. I b id . , p . 135. 61 reacting to p ressu re from the lo ca l execu tive board of the ag ricu ltu ral c o lleg e , had appointed a committee to Investiga te the leg a lity of pos­ sib le leg is la tiv e ac tion for the is su an ce of bonds for build ing purposes on the secu rity of land grants to the various s ta te in s t i tu t io n s . * At the December, 1894, m eeting of the S tate Board, th is committee offered the opinion th a t the land g ran ts were given w ithout re s tric tin g the power of the Legislature to d ispo se of them as deemed for the b e s t in te re s ts of the S tate educa tional in s titu tio n s . After accep ting th is repo rt, the State Board, a t the same m eeting , voted to request the 1895 Legislative Assembly to authorize a build ing program for the ag ricu ltu ra l co lleg e , a program to be financed by s a le of th e se lands or of bonds secured by land sa le s and /o r incom e. So when the S tate Board of Education was considering in th e ir January, 1895, m eeting the p roposal of the D illon c it iz e n s , th ey had before them th is recommendation concerning the pos­ s ib le building program a t the ag ricu ltu ra l co lleg e . To complicate further the s itu a tio n , the S tate Board a t th is m eeting vo ted to request a sim ilar program in regard to bu ild ings a t the s ta te normal schoo l. ^ Then, follow­ ing the favorable ac tion on th e ir requests by the L eg isla tu re , they p a ssed a t th e ir M arch , 1895, m eeting a reso lu tion th a t "su itab le bu ild ings be 3 erected for the normal schoo l a t D illon in accordance w ith the law ." 1 1. I b id . , p p . 100-101. 2. Ib id . , PP. 147-148. 3 . I b id . , p . 157. 62 In the same manner, in August, 1895, the State Board approved p lans for the build ings at the ag ricu ltu ral c o l le g e .* Later, bu ild ings sim ilarly financed were authorized for the s ta te un iversity and the school of m ines. W hether or not th is w as the c au sa l fac to r for the change in p lans for the s ta te normal school at D illon cannot be determ ined, but no further ac tion followed the proposal of the D illon c it iz e n s , and the opening of the school w as delayed un til the n ece ssa ry build ings should be completed. That th is de lay w as un sa tis fac to ry to many is ev idenced by the defense of i ts "no -ac tion" po licy by the lo ca l execu tive board in a report to the 2 State Board of Education on June I , 1896: In view of the fac t th a t there is a great uncertain ty as to the time of completion of build ing and as to the n ecessa ry funds being provided for upon completion of bu ild ing , we do not be lieve i t would be w ise to p lace the S tate Board in the em barrassing position of having to report a delinquency in ca se the school is opened. D isapproval of th is delay ing ac tion w as a lso ind ica ted in the December, 3 1896, report of the S tate Superintendent of Public Instruction : We can never have good schoo ls , however good the law may b e , un til we have modem methods of teach ing p resen ted to our w ould-be t e a c h e r s . . .At p resen t our youth must a t t e n d . . . in stitu tion s in o ther s t a t e s . . . Let us educate them a t home and thus build up another educa tional cen te r w ith in our grand commonwealth. Yielding perhaps to th is p ressu re as w ell as to the fac t th a t the 1 1. I b id . , p p . 218-219. 2. MINUTES, Vol. II , p . 60. 3. FOURTH BIENNIAL REPORT STATE SUPERINTENDENT PUBHC INSTRUCTION, 1897. p . 12. 63 Dillon build ing w as nearly completed, th e S tate Board of Education fina lly on March 29, 1897, adopted a reso lu tion th a t i t is the " sen se of th is Board th a t the normal school be opened not la te r th an September, 1897. On June 8 , 1897, D . E. Sanders w as e le c ted to serve as i ts f irs t p re s i­ d e n t .^ The normal school opened on September 7 , 1897, in the $50,000 tw o -sto ry bu ild ing , w ith basem en t, e rec ted by the S ta te . ^ It had a facu lty of s ix ; D . E. S anders, P resident and te a ch e r of psychology and pedagogy; A. W . M e ll , v ic e -p re s id en t and teache r of h isto ry and po liti­ c a l sc ience ; J. E. M onroe, te ach e r of na tu ra l sc ien ce s ; Laura L. M ille r, teach e r of lite ra tu re and Latin; D ella J. Long, head of tra in ing depart­ ment; H. A. H ull, p rinc ipal of public s c h o o ls .^ The position of mathe­ m atics in structo r w as to be supp lied . The school w as organized in to two departm ents; (I) normal, in struc tion in academ ic and p ro fessiona l stud­ ie s ; (2) tra in ing departm ent, opportun ities for observation and p rac tic e . The tra in ing department operated in connection w ith the D illon public schoo ls , using th e lower eigh th g rades in the sy stem . The sp ec ia l em­ phasis in the cu rricu la w as on programs designed for those who w ished to prepare to te a ch . For th is purpose , th ree cu rricu la were outlined; 1 1. MINUTES, op . c i t . , p . HO . 2. I b id . , p . 131. 3 . C atalog for year ending June 18, 1898. 4 . Since no su b je c t-a re a is ind ica ted for M r. H ull, i t is presumed th a t h is appointment w as more or le s s of a "courtesy" na tu re , s ince the tra in ing schoo l for the Normal School w as the public schoo l system of D illon . 64 f i r s t , for graduates of the common schoo ls in need of advanced work in the common branches as w ell as in the higher; second , for graduates of high schools who needed review in the common b ranches , sp ec ia l in ­ struction in higher b ran ch e s , and carefu l preparation in methods and pro­ fe ss io n a l sub jec ts ; th ird , for tho se who were a lready teach ing , but who because of lim ited opportunities for preparation needed help in particu ­ la r sub jec ts or in methods and th e p ro fessional su b je c ts . In addition to th ese cu rricu la w ith sp e c ia l em phasis on teach in g , opportunity was a lso provided in the s ta te normal schoo l as in the ag ricu ltu ral co llege for those who had no in ten tion to en te r the teach ing p ro fession but who desired to receive general in struction in both academ ic and p re -p ro fe ss iona l s tudy . E ighty-two studen ts were en ro lled for the f irs t schoo l y ear. There were three graduates from the p ro fessiona l curriculum at the c lo se o f the firs t year; M iss Cora McCormick of B illings, M iss M abel C . Gordon of L ivingston, and M iss Maude M osher of H elena . The S tate Board of Edu­ ca tion at i ts m eeting on June 7 , 1898, commended the efforts of th e lo ca l executive board for making th is school "equal or superior to any of i ts kind in the country" and e sp ec ia lly approved the po licy of employing "only sp e c ia lis ts for th e work of the seve ra l departm en ts. By December, 1899 ,^ enro llm ent, while not showing a large in ­ c re a s e , did rep resen t a good c ro s s -s e c tio n of the S ta te , w ith fifty of 1 1. MINUTES, op . c i t . , p . 167. 2. I b id . , p p . 217-219. 65 the to ta l of seven ty -fiv e studen ts in the regular c la s s e s re s id en ts of communities ou tside D illon . These s tuden ts came from e leven counties in Montana in add ition to Beaverhead (the county in which D illon was lo ca ted ), as w e ll as from ou tside of the S ta te . For the f irs t tim e , p re­ paratory studen ts were separa ted from the regu lar s tu d e n ts . There were tw en ty -seven preparatory s tu d e n ts , making a to ta l enrollment for the year of 102 s tu d en ts . In h is annual report to the State Board of Education on December 4 , 1899, P resident Sanders referred as follows to the charac ter of the studen ts:* M ost of the s tuden ts are young men and women of su ffi­ c ien tly mature years to enab le them to do very sa tis fac to ry work. Many of them have taugh t a term or more of schoo l. They have shown a high degree of e a rn es tn ess and fa ith fu l­ n ess and have carried out in a sa tis fac to ry manner the lin es of work th ey have a ttem pted . At the saime meeting of the S tate Board, the lo ca l execu tive board a lso made a report, s tre ss in g th e in c reas ing proportion of s tuden ts tak ing work in the regular c la s s e s , and em phasizing the fa c t th a t s tuden ts were remaining in the school for longer periods of tim e. The lo ca l execu tive board w as a lso very complimentary about the facu lty :^ This board d e s ire s to a t te s t i ts en tire sa tis fa c tio n w ith the work of the p resen t fa c u lty . The State Normal is for­ tunate in p o sse ss in g a corps of excep tionally w e ll equipped 1 1. MINUTES, op . c l t . , p . 218. 2. I b id . , p . 215. 66 in structo rs taken from the b e s t u n iv e rs itie s , c o lleg e s , and normal schoo ls . They are imbued w ith the proper p ro fes­ siona l s p ir i t , ea rn es t and zea lous in the d ischarge of th e ir d u tie s , and th e ir re la tion s to each other and to th e p residen t are en tire ly harmonious, thus insuring the b e s t re su lts pos­ s ib le . By the c lo se of the school year in June, 1900, the report of P resident S a id ers to the S tate Board of Education ind ica ted a continued growth of the schoo l, which now included a w ider rep resen ta tion of com­ munities in the S ta te . Again, a s in h is ea rlie r rep o rts , he w as laudatory in h is sta tem en ts about the s tu d en ts . However, tha t a ll might not be as rosy a s it seemed w as ind ica ted by a "minority repo rt” of F . C . K ress, member of the lo ca l execu tive board . At the S tate Board meeting in H elena on June 5, 1900, he a ttack ed the management po lic ies of P resident Sanders, m aintaining th a t the schoo l had not a tta in ed "that growth and degree of u se fu lness which could be reasonab ly expec ted from i t . He therefore requested a change in the p residency so th a t the school could "secure the fu ll support and confidence of a ll the educa tional in te re s ts of the 2 S ta te . " His position seemed to receive considerab le support from the S tate Board committee on normal schoo l, which in a supplementary report l is te d four reasons "for non -a ttendance and lack of in te re s t" in the school; I . D issen s ion s on the board and among the people of D illon shaking the confidence of the people of the S tate in the schoo l. 1 1. MINUTES, QP. c i t . , pp. 274-275. 2. I b id . , p . 275. 3. I b id . , p . 275. 67 2. Lack of system in keeping the records of the school and lack of d isc ip lin e in the government of the s tuden ts in a tten d an ce , proving incompetency and m ismanagement. 3 . Adoption and in troduction of Im practical th e o r ie s , fad s , and fanc ies into the work of the schoo l. 4 . Frequent and repea ted efforts to c rea te d issen s io n s among the teach e rs of the State and to b e lit tle th e ir e ffo r ts , and by in sinua tions and a sse r tio n s c reating a fee ling of uncerta in ty among the teach e rs and t ru s te e s . This supplem ental report further s ta ted th a t "it is the duty of the President of the State Normal School to le a d , harmonize, and cooperate w ith a ll the educators and teachers of the S ta te ." By in ference the report ind ica ­ ted that such leadersh ip and cooperation had been lack ing . Rather, the President had attem pted "to compel the people and the teache rs to adopt extreme and im practica l th eo rie s ; to in terfere w ith the lo ca l affa irs of the p eo p le ." The report further ind ica ted advocacy by President Sanders of m isuse of "development p ro ce sse s and o ra l in struction" for proper use I of "textbooks adopted by the law s of th e S ta te ." Friends of P resident Sanders on the S tate Board of Education sought to b y -p a ss the a ttack by lay ing th e se reports "on the ta b le , " but w ith­ out su c c e s s . After "d iscu ss ion pro and con a t great le n g th ," the m atter w as postponed , to be considered la te r a t a sp ec ia l m eeting ca lled for th is purpose in D illon . At th is sp e c ia l m eeting w itn e sse s for and aga in st 1 1. MINUTES, op . c l t . , p . 277. 2. Ibid. 68 the confirmation of P resident Sanders ' reappointment were h e a rd , w ith the fina l re su lt being a vote of four members for confirm ation and s ix a g a in s t . ^ George J. McAndrew, M .A ., P h .D . , confirmed by the S tate Board of Education as p residen t of the S tate Normal School, ^ served from October 16, 1900, to August 31, 1901, at a sa la ry of $2 ,500 per y ear. Upon h is res igna tion on July I , 1901, he was succeeded by Dr. H. H. Swain, who became p residen t on September I , 190I f at a sa la ry of $2,400 per y e a r .^ By the time of President Sw ain 's report to the State Board of Education on December I , 1902, the schoo l had a to ta l of 118 studen ts en ro lled , nearly fou r-fifth s of whom, were above th e ir preparatory y ear. In fa c t , some of tho se counted as preparatory were rea lly ju s t "review ­ ing the sub jec ts of th a t y ear w ith the in ten tion of immediately teach ing those su b je c ts , A ttendance w as s ta te -w id e , w ith only two of the s ta te 's coun ties un rep resen ted during the school year 1901-1902. More than 85% of the studen ts were from ou tside Beaverhead County . Because of enrollment p ressu re lead ing to extrem ely large c la s s e s , there w as urgent need for mrnre facu lty . In add ition , the crowded conditions in the dormitory ind ica ted the need for in c reased dormitory accommodations. Some re lie f was made po ss ib le by ac tion of the 1903 L eg isla tu re , which 1 1. MINUTES op, c i t . , pp 300-301. 2. I b id . , p . 344. 3. I b id . , p . 428. 4. MINUTES, Vol. I l l , p . 184. 69 a lso authorized changing the name of the school to M ontana S tate Normal C o llege . The new leg is la tio n provided for a lo ca l execu tive board of five m embers, to be appointed by the Governor, w ith the advice and consen t of the State Board of Education. This lo ca l board w as to have the immedi­ a te d irection and contro l of the normal c o lleg e , under the general super­ v ision of the State Board of Education . It w as to choose and appoint the P resident and facu lty and to fix compensation , sub jec t to the approval of the State Board of Education. It w as to appoint a sec re ta ry and tre a su re r , w ith the treasu re r required to be under bond. The co llege w as a lso em­ powered to confer the degrees of Bachelor of Pedagogy and M aste r of Pedagogy. This leg is la tio n became law w ithout th e approval of the Gover­ nor, who fa iled to return i t to the House of orig ination in the time p rescribed by the C onstitu tion . M ontana School of M ines — In itia l Problems Probably the oddest s itu a tio n of a ll the educa tional in s titu tio n s developed in the o rgan ization of the school of m ines. In common w ith the o ther in s titu tio n s , a lo ca l board of tru s te e s* w as provided by the State Board of Education at i ts c la s s ic m eeting on M ay 26, 1893. Furthermore, s tep s were taken la te r in 1893 to accep t the offered s ite for the new school "on a commanding e lev a tio n , immediately w est of — but ad joining the I . T itle u s e d b y law in s te a d o f " lo c a l e x e c u t iv e b o a r d . " 70 c ity of Butte. However, no further ac tion w as tak en by Butte c itizen s as a group nor by th e lo ca l board of t ru s te e s . Accordingly in 1895, the S tate Board of Education requested its committee on the school of m ines to investig a te the s itu a tio n . At the S tate Board m eeting on December 3 , 1895, the chairman of th is committee re la ted to the Board "conversation" w ith C . W . G oodale , chairman of th e school of m ines lo ca l board of t ru s te e s . 1 2 He s ta ted th a t he had "learned" th a t there had been consider­ able delay in determ ining t i t le to the ground conveyed for u se of the schoo l, bu t th a t the question of t i t le w as now se tt le d . The only current drawback for action w as th a t of " lega lity of w a rran ts , " and the plan now w as for a te s t su it to be carried to th e Supreme Court. Following th is report by th e ir comm ittee, th e S tate Board approved ac tion to carry out the te s t su it . Butte, m eanwhile , shared in th e d ec is io n to provide funds for the e rec tion of build ings for the s ta te educa tiona l in s titu tio n s from the pro­ ceeds of bond is su e s secu red by the land g ra n ts . For some reason — perhaps b ecau se of i ts irrita tion over th e in ac tiv ity of the lo ca l board of t ru s te e s , the State Board of Education decided to s e t up a sp e c ia l building comm ission for the schoo l of m ines, a s had been done for the un iversity but not for the ag ricu ltu ral co llege or the normal schoo l. This 1. FOURTH BIENNIAL REPORT STATE SUPERINTENDENT PUBLIC INSTRUCTION, 1897. p . 13. 2. MINUTES, Vol. II , p . 10. 71 comm ission, separa te and d is tin c t from the lo ca l board of t r u s te e s , had complete charge of a ll build ing arrangem ents, under the general d irec tion of the State Board of Education. Apparently construction work w as not pushed by the comm ission. A new spaper report* in 1898 s ta te d th a t the building had been under construction for three y e a rs . This report gave as reason for the delay th e lack of su ffic ien t appropriation by the State Legislature to equip or operate the schoo l. Only $7,500 w as appropriated by the 1897 Legislature for equipment and support, an amount which per­ m itted hardly a s ta rt on th e purchase of n e ce ssa ry equipment and le ft nothing w ith which to opera te th e schoo l. Had th e build ing been turned over to the comm issioners as com plete , some way would have had to be found to meet the co s ts o f in su rance and a n ece ssa ry w atchm an. It was therefore sounder econom ics not to push th e build ing program un til su f­ fic ien t funds had been appropriated for m aintenance of the schoo l. This same new spaper repo rt, however, ind ica ted th a t the build ing w as nearly com plete . ^ A la te r report in January, 1899, ind ica ted th a t part of the delay w as due to lack of leadersh ip on the part of the comm ission, for 12 1. ANACONDA STANDARD, September 7 , 1898, p . 10. 2. Ib id . ("While i t is to be deplored th a t the schoo l cannot a t once be opened to the youth of th e s t a t e , i t is very gratify ing to the c itizen s of Butte to see the bu ild ing , w ith i ts towering w a lls and a rch itec tu ra l b eau ty , overlooking the c ity w ith an imposing grandeur completed — a la s tin g monument to th e ir energy , p lu ck , and public sp ir i t, and know th a t i t can now only be a re la tiv e ly short time before i t w ill be opened to th e ir s o n s . " 72 here c red it w as given to ex-Govemor Rickards who, on retirem ent from office in 1897, secured subscrip tion s from Butte c itiz en s to take up the n ecessa ry w arrants for completion of the bu ild ing . * At th is time the building w as completed and ready for the furniture and equipment. How­ ever, there were no funds for such p u rch ases , nor for the operation of the schoo l. Accordingly, an appropriation was being requested from the 1899 L eg isla tu re , curren tly in s e s s io n . A ctually , th is Legislature ap ­ propriated $1,000 for the f is c a l year ending on November 30, 1899, and $25,300 for the f is c a l y ear ending on November 30, 1900 .^ That the S ta te Board of Education was irr ita ted by the lack of a c ­ tion in Butte i s ind ica ted by no ta tions in th e ir m inu tes. In addition to th a t mentioned from th e ir m eeting of December 3, 1895, there was on 3 June 6 , 1898, a “verbal report" from Howell o f the committee on school 4 of m ines th a t "the build ing w as not ye t com p le ted ." On December 5 , 1898, the te rse comment w as made of "no report from the schoo l o f m in e s ." ^ F inally , on June 5 , 1899, th e Board appointed a committee "for the purpose of ascerta in ing the powers and du tie s o f the Board in re la tion to th e school of m ines, and further to exam ine the records o f th is o ffice to a sce r ta in the terms of the members o f the lo ca l board o f the schoo l of m ines. “ ^ This 123456 1. ANACONDA STANDARD, January 4 , 1899, p . 6 . 2 . SESSION LAWS FOR 1899, pp . 8 -9 . 3. MINUTES, op . c l t . , p . 163. 4. Ib id . 5. I b id . , p . 182. 6 . I b id . , p . 201. 73 sp ec ia l comm ittee, composed of Attorney—General N olan , S tate Superin­ tendent of Public In struction C arle ton , O. F. Goddard, and N. W . M cConnell, reported the next day a t a sp ec ia l m eeting of the S tate Board of Education th a t the build ing comm ission was separa te and d is tin c t from the board of tru s te e s and th a t i ts du ties would end w ith the completion of the build ing and its accep tance by the State Board of Education. The committee further reported th a t tru s te e s had been appointed for the school of m ines, but w ith no du ties to perform they had been in ac tiv e . There­ fore they had made no reports to the S tate Board of Education, and some of th e ir term s had exp ired . 1 Apparently no further d irec t ac tion w as tak en a t th is time by the State Board of Education toward forcing an early opening of the schoo l. By m id-summer the c itiz en s of Butte were su ffic ien tly aroused by the delay to warrant an ed ito ria l in the Anaconda Standard referring to the build ing 2as a "white e lephan t. " By la te fa l l su ffic ien t p ressu re had bu ilt up to lead the S tate Board of Education at i ts m eeting on December 4 , 1899, to p a ss a reso lu tion informing the lo ca l board of tru s te e s of th e ir desire tha t the schoo l "should be opened not la te r than September, 1900. "3 At the same time i t w as voted th a t the cu rricu la of the schoo l should be confined to "those named in the s ta tu te ." The S tate Board a t th is time 123 1. ANACONDA STANDARD, June 7 , 1899, p . 2. 2 . ANACONDA STANDARD, August 12, 1899, p . 4 . 3 . MINUTES, op . c i t . , p . 239. 74 appointed new t r u s te e s , 1 "the res igna tion of the old board having been previously accep ted and a vote of thanks tendered them for th e ir valuable se rv ices rendered on behalf of the school of m ines. "1 2 This new board apparently was w illing to go ahead w ith p lans for opening the schoo l, for the State Board of Education, a t i ts m eeting on June 4 , 1900, received from them a reso lu tion dated May 10, 1900, tha t "Nathan R. Leonard be e le c ted p ro fessor of m athem atics and ac ting p residen t of the facu lty of the Montana S tate School of M ines . "3 45 The State Board of Education ap­ proved the re so lu tion and the next day p re s id en t-e le c t Leonard, a fte r for­ mal introduction to the Board, "d iscu ssed the b e s t methods of conducting a school of m ines, the manner of te a ch in g , the b ranches taugh t, " e t c . ^ The school opened on Tuesday, September 11, 1900, w ith the fol­ lowing facu lty m embers; Nathan R. Leonard, A .M . , acting p residen t and p ro fessor of m athem atics; W illiam G . King, A .M ., p rofessor of chem istry and metallurgy; A. N . W inch ill, Rh.D . , p ro fesso r of geology, m ining, and m ineralogy; C harles H. Bowman, M .S . , p ro fesso r of m echanics and mining eng ineering . Two cu rricu la were o ffered , one In mining eng ineering , and the o ther in e le c tr ic a l eng ineering . ^ Thirty-n ine studen ts were en ro lled 1. For four-year term beginning January I , 1900: J. E. R ickards, James W . Fo rb is , George E. Moulthrop; for tw o -year term beginning Janjiary I , 1900: W . Y. Pemberton, J. V. Long. 2. MINUTES, op . c i t . , p . 237. 3. I b id . , p . 244. 4 . Ib id . , p . 278. 5 . I b id . , p p . 336-341 . 75 th is f irs t year. No charge w as made for tu ition or m ateria ls to bona fide re s id en ts of the s t a te , but o u t-o f -s ta te studen ts paid $25 a term , or $50 for the year. * In s tr ic t conformity to th e d irec tive of th e S tate Board of Education in s is tin g th a t the schoo l should offer only such cu rricu la a s were l is te d in the s ta tu te , the tru s te e s made no p lans to m aintain a preparatory depart­ m ent. As a re su lt, fou r-fifth s of tho se requesting adm ission were unable to m a tricu la te . Accordingly, on December 3, 1900, the tru s te e s requested perm ission from the State Board of Education to e s ta b lis h a preparatory de­ partm ent. This request w as g ran ted , sub s titu ting the term "conditional" <1 for "preparatory , " and a te ach e r w as authorized a t a sa la ry not to exceed $1,000 per annum*" Leon R. Foote w as employed to f i ll th is p o sitio n . This type of study was rem edial ra ther th an preparatory as the term s applied to sim ilar departm ents in th e o ther s ta te in s titu tio n s . Because no s tuden ts were adm itted who had ntot completed a h igh schoo l course of study or the equ iva len t, they were qua lified to en ro ll in at le a s t some of the co llege courses in th e ir chosen curriculum . However, many of th e se studen ts were defic ien t in some of the cou rses p rerequ isite to co llege study in engineering . Such s tuden ts were perm itted to enroll as "conditional" s tuden ts "while continuing th e ir s p e c ia l i t ie s . . .w ith the hope of fina lly 12 1 . SCHOOL OF MINES FIRST ANNUAL CATALOG, p . 9 . 2 . MINUTES, op . c i t . , p . 341. 76 graduating from the regular cou rse . II. UNRESTRAINED COMPETITION AND GUERILLA WARFARE Duplication of Curricula Thus by 1901 four s ta te educa tional in s titu tio n s were defin ite ly organized — the ag ricu ltu ra l co llege at Bozeman, the un iversity at M issou la , the normal schoo l at D illo n , and the school of m ines a t Butte. As has been in d ic a te d , each of the in stitu tion s w as organized to meet a spec ific ob jec tiv e . However, rivalry betw een in s titu tio n s and dup lica­ tion of cou rses — e sp ec ia lly a t the ag ricu ltu ra l co llege and the un ivers ity - early appeared . Even th e schoo l of m ines, e s tab lish ed sp ec ifica lly to pro­ vide for the education of mining eng in ee rs , found it po ss ib le to in terp ret i ts d irec tives so as to include e le c tr ic a l engineering as one of i ts f irs t defin ite ly o rganized cu rricu la . To be su re , th e p res iden t of the normal school could report to the S tate Board of Education on December 2 , 1901, the sm alles t po ss ib le dup lica tion w ith the work of the o ther sc h o o ls , w ith only one " sp ec ia l" studen t there — th a t i s , one not pursuing a regu­ la r normal cou rse . On the o ther hand , only th ree -e igh th s of i ts s tuden ts were high school g radua tes , so th a t the la rg e s t group of i ts s tuden ts was in the Preparatory Department — a d iv is ion included in a l l the in s t i tu t io n s . 1 1. MINUTES, QP. c l t . , p . 360. 2. Ibid. , pp . 432-463. 77 Since th is report ind ica ted th a t the enrollment covered a broad sec tion of the s t a te , w ith 82 per cen t of the studen ts from ou tside of Beaverhead County, it w as very ev iden t th a t many of th e se s tuden ts in the Prepara­ tory Department could have secured th e ir tra in ing in one of the o ther in s t i­ tu tio n s . Only a t Butte was the Preparatory Department de fin ite ly re s tric ted to the spec ific sub jec ts needed to remedy d e fic ienc ie s in p rerequ isites for co llege study in mining eng ineering . In a ll of the other in s titu tio n s the Preparatory Department ca te red to general s tu d e n ts , w hatever might be th e ir future academ ic p la n s . As ind ica ted above , Butte offered a curriculum in e le c tr ic a l eng in­ eering . So a lso did the in s titu tio n s a t M issou la and Bozeman. In add ition , the ag ricu ltu ral co llege and the un ivers ity had each developed tho se cur­ ricu la which seemed b e s t to i ts lo ca l adm inistrators and i ts own lo ca l executive board , w ithout any reference as to w hether or not duplication w as p resen t w ith the cu rricu la offered by any o ther s ta te in s titu tio n . As early as June 4 , 1900, the S tate Board of Education adopted a reso lu tion requesting i ts comm ittees on the schoo l of m in es , the ag ricu ltu ra l co lleg e , and the normal schoo l "to secure the cou rses of study of th e se in s titu tio n s and report to the Board w hether or not the cou rses of s tu d y . . .w ere in con- formity w ith the foregoing report of th e sp e c ia l comm ittee. " Again, on July 31, 1900, a fte r some d iscu ss io n of "conflic t in the cou rses of study I . M INUTES, o p . c l t . , p . 248 . 78 of the s ta te schoo l of m in es , s ta te ag ricu ltu ral c o lle g e , s ta te un ivers ity , a committee composed of the chairmen of the respec tiv e committees for the severa l in s titu tion s w as appointed to inves tig a te the ind ica ted dupli­ ca tion . * By 1903 the unsolved question of duplication had reached the point at which a sp ec ia l committee of five w as appointed by the State Board of Education at i ts m eeting on June 2 , "to inves tig a te the cu rrlcu - Iums of the d ifferent s ta te in s t i tu t io n s , w ith the ob jec t in view of elim in­ ating any duplication of work in th e ir cou rses of s tudy . However, no ne t resu lt came from th is in v es tig a tio n , nor from la te r sim ilar attempts to contro l dup lica tion in the various educa tional in s titu tio n s . Thus, by 1909, th is problem had become su ffic ien tly acu te to be one of the fac to rs behind the drive in the L egisla tive Assembly of th a t y ear to reorganize the lo ca l executive boards so as to provide for more d irec t control by the State Board of Education. Maneuvering for Control C losely a llied to the struggle over dup lication of cu rricu la w as th a t over contro l of the in s t i tu t io n s . As has been n o ted , ra th e r s tr ic t control had been ex e rc ised from the f irs t over the s ta te un iv ers ity , s ince no loca l execu tive board had been provided by law . As a consequence the orig inal lo ca l board w as a c rea tion of the S tate Board of Education , and 1 1. MINUTES, QP. c i t . , p . 301. 2. I b id . , p . 328. 79 en terta ined no m isunderstanding as to the source of i ts powers and d u tie s . Such authority as it had came d irec tly from actions by the S ta te Board of Education. Thus from the f irs t i t rea lized th a t i ts only function w as that of agen t. On the o ther hand , the o ther lo ca l execu tive boards were c rea ­ tions by leg is la tiv e enac tm en t, and one board — a t the school of m ines — was designated a s t r u s te e s , a term carrying a connotation of considerab ly more power than th a t which the S tate Board of Education fe lt w as c o n s is t­ en t w ith the lo ca l boa rd 's powers and d u tie s . From the very f i r s t , th e re ­ fo re , there was considerab le fric tion betw een the State Board of Education and the lo ca l execu tive b o a rd s . This Ju risd ic tional d ispu te w as in ten s ified by the fac t th a t the S tate Board of Education met only at periodic tim es. As a consequence the lo ca l boards frequently had to make dec is ion s on routine m a tte rs , and even on m atters of po licy if the in s titu tio n s were to operate sm oothly , thus lead ing to more and more independent ac tion on the part of the lo ca l execu tive board . I llu s tra tiv e of th is development were the d ec is ion s made by the lo ca l board of the ag ricu ltu ra l co llege previous to the opening of the co llege in 1893, a s reported by Peter Koch, Isecre tary : All of th is action h as been taken w ithout any opportunity of subm itting i t to your Board. As you held no m eeting and time p a ssed , we were compelled to go on and engage teach e rs and make a ll n e ce ssa ry arrangem ents. . .w ithou t an opportunity to consu lt w ith you on th e m atter. I . M INUTES, V o l. I , p p . 7 7 -8 0 . 80 Partia lly to meet such conditions but more to insure th a t some members of the S tate Board of Education would be conversan t w ith the needs and problems of the lo ca l in s titu tio n , the State Board in s titu ted a system of committees for each in s titu tio n . These comm ittees were sup­ posed to keep in touch w ith th e ir re sp ec tiv e in s t i tu t io n s . To them were referred at the regu lar m eetings of the S tate Board a ll reports and item s , excepting f in an c e , concerning th e ir in s titu tio n so th a t recommendations could be made by the re sp ec tiv e committee to the S tate Board before any fin a l action w as taken . F inancia l m atters were referred to a sp ec ia l auditing comm ittee. Since sem i-annual reports were required by law from each in s titu tio n , i t w as expec ted th a t th is system would insure adequate contro l. I llu s tra tiv e of the con flic t over control and ind ica tive th a t some of i t w as orien ted from the S ta te Board of Education w as the experience in D illon while the build ing for the normal schoo l w as being e rec ted . Unlike the system s provided a t the un ivers ity and the school of m ines, no separa te build ing comm ission, w ith power to a c t , w as se t up for D illon . H ere, from the subm ission of p lans to the S tate Board on October 7 , 1 8 95 ,1 to the completion of the bu ild ing , the en tire respon sib ility w as th a t of the lo ca l execu tive board , as approved by the State Board of Education . How­ ever, the lo ca l board had no power to execu te a con trac t. Accordingly, I . M INUTES, o p . c i t . , p p . 2 2 9 -2 3 5 . 81 much of the report to the S tate Board w as an attempt to persuade th a t body to execute the con tract so th a t ground could be broken in the fa l l . O ther­ w ise , i t would be im possib le to complete the build ing by the date pro­ p o s e d— September I , 1896. The lo ca l board seem ed to fee l th a t te chn ica l poin ts of re la tiv e power were being perm itted to hold up the work , as th e ir report refe rs to a "lengthy opinion from the A ttorney-General to the e ffec t th a t the S tate Board h as no power to de legate any of i ts powers to the lo ca l committee in the m atter. W hile not d isag ree ing on fin a l power, the lo ca l execu tive board fe lt th a t th e S tate Board could authorize i ts agent — the lo ca l execu tive board — "to arrange the d e ta ils such as the State Board cannot in the very nature of th ings a ttend to and subm it our ac tion for i ts approval or re je c tio n . " After pointing out d e ta ils of p lans and reasons there fo r, the report con tin u es , but shows exaspe ra tion a t the red tape which apparently had been thrown a t the lo ca l board: You may read ily imagine why the position we occupy in the m atter is a very unp leasan t one , but we are w illing and ready to give our tim e and a tten tion to i t w ithout co s t to the s t a te , to the end th a t the M ontana S tate Normal School build ing may be s p e e d i ly . . . completed . The question as to whether the State Board may d e leg a te any of i ts powers to a Local Executive Committee is of no consequence . We are not d ispo sed to assum e any such but we are w illing and anxious to aid in any way pos­ s ib le in arriving at the b e s t r e s u l t s .^ D esp ite th is appea l the State Board of Education fa iled to execute 12 1. MINUTES, op . c l t . 2. Ibid. 82 the contract as requested for th is purpose and postponed to November 5 a sp ec ia l m eeting supposed to have been held on October 25. At th is postponed meeting the D illon lo ca l execu tive board again p ressed for ac tion , in s is tin g th a t a t th is m eeting . .a l l of the m atters suggested herein should have a t te n t io n . . . and (be) fina lly s e t t le d , to th e end th a t a ll p a rties in te res ted may be en ligh tened a s to th e ir resp ec tiv e righ ts and du ties in the p rem ises. We are seek ing no con troversies w ith the State B Board, or any o fficer th ereo f, our only desire being tha t we have the m atter in b u s in e ss sh ap e . * At th is November m eeting th e S tate Board did fin a lly d e lega te by reso lu tion to the lo ca l execu tive boards of the normal school and the ag ricu ltu ral co llege (also in the p rocess of building) "immediate superv ision" of build ings during p rocess of e re c tio n , w ith the proviso th a t the "secre ta ry of each Board be required to send to the secre ta ry of the State Board a report on the progress of the work on the fifteen th of each month. " 2 In an apparent effort to tigh ten th e ir con tro l, the S tate Board of Education in 1898 p a sse d a reso lu tion requiring th a t a ll orders for m a te ria ls , su p p lie s , e t c . , for the un ivers ity be p laced by the P resident or over h is signature and th a t a ll b ills ag a in st the un ivers ity be aud ited by the loca l execu tive board . Also in th is reso lu tion w as a requirement for the un ivers ity P resident and heads of departments to fu rn ish e s t i ­ m ates of expenditu res for the ensu ing sem este r to the S tate Board of 1 1. MINUTES, op . c i t . . pp . 264-265 . 2. I b id . , p . 257. 3. MINUTES, Vol. II, p . 169. 83 Education at i ts June and December m eetings. W hile th is reso lu tion sp ec ifica lly mentioned the un iv ers ity , in p rac tice i t apparen tly w as used in re la tion to the o ther educa tional in s t i tu t io n s . After the December m eet­ ing of the State Board in th a t year it w as reported^ th a t the Board had decided to request from the forthcom ing Legislative Assembly a change in the law "governing the normal s c h o o l . . .to make i t conform w ith the un iversity law . " The reason given for th is request w as th a t the "manage­ ment of the s ta te normal does no t appear to keep the S tate Board posted as to the b u s in e ss of the in s titu tio n . " D esp ite th is apparent effort to tigh ten the contro ls ex erc ised by the S tate Board of Education , however, the la tte r d iscovered by 1899 th a t th e ir system of superv ision w as inadequate — not only in B utte , to which reference has prev iously been m ade, but a lso in the other educa­ tio n a l in s titu tio n s . Therefore, in order to insure more carefu l superv ision the State Board, a t i ts June, 1899, m eeting , in stru c ted th e ir committee members to v is i t a t le a s t once each year the respec tiv e educa tiona l in ­ s titu tion s to which they were a ss ign ed and to make a report thereof at 9 the f irs t m eeting of the Board th e rea fte r . It further appointed a com­ m ittee "for the purpose of enquiring in to and defining the powers and du ties of the Board in re sp ec t to the s ta te educa tional in s titu tio n s , and 12 1. ANACONDA STANDARD, December 7 , 1898, p . 2 . 2. MINUTES, QP. c i t . , p . 201. (specified) th a t a copy of sa id rep o rt, when p repared , be fu rn ished to every member of th is Board, and to the lo ca l boards of sa id educa tional in s titu tio n s . " According to th is committee repo rt , c the power of "general control and superv ision" of the s ta te 's educa tiona l in s titu tio n s included the power to p rescribe ru les and regu lations for th e government of the in s titu tion s as w ell a s ru les and regu la tions e s s e n tia l for control and superv ision . The en tire ad justm ent of the sy s tem , i t d ec la red , w as in the hands of the S tate Board of Education , w ith every in s titu tio n re ­ la ted to the U niversity in the manner ind ica ted by the State Board. Con­ tinu ing , the report observed;^ If some general p lan of management is not provided, if some cen tra l o rgan ization is not e ffe c ted , by which the whole system may be w ise ly con tro lled , much energy w ill be lo s t from lack of proper o rgan iza tion , and conflic t of in te re s t w ill a rise th a t w ill be productive of e v il . In i ts an a ly sis of the functions of the various in s t i tu t io n s , the report maintained that the intent of the law was for the University to develop "into an institution In the broadest and fullest s e n se .. . embracing. . . everything u sua lly taugh t in u n iv e rs itie s of the h ighest order. “4 The 1 84 1. MINUTES, op . c i t . , p . 290. 2 . ANNUAL REPORTS BOARD OF EDUCATION, MONTANA, 1895-1901, PP. 81 -107 . (The Committee w as composed of N . W . M cConnell, Helena; C . B. N olan , A ttorney-General; and E. A. C a rle to n , S tate Superintendent of Public In struc tion .) 3 . I b id . , p p . 106-107. 4 . I b id . , p . 88. 85 University was to serve th ree d is tin c t purposes;^ 1 . Provide for a s ta te co llege of libe ra l a r t s . "No o ther in ­ s titu tio n s can become or take the t i t le of the Montana State C o lleg e ." 2. Provide p ro fessiona l and techn ica l sc h o o ls : "m edicine, law , pharmacy, d en tis try , eng ineering , pedagogy ." 3 . "Offer opportunity for advanced in struc tion and in v es tig a ­ tion in tho se lin e s th a t lie beyond the co llege work, and d is tingu ish the work of the true un ivers ity from the c o lleg e ." The main work of the ag ricu ltu ra l co llege was env isaged to be in the fie ld of applied s c ie n c e , "with such ad junc ts as w ill be u se fu l and n ece ssa ry in making such app lica tion . " P ro fessional schoo ls were de fin ite ly to be delegated to the un iv e rs ity . The experim ental s ta tio n w as re s tr ic ted to agriculture and re la ted s u b je c ts .^ The function of the normal school w as to be th a t of tra in ing people to te ach in the public or common sc h o o ls . "It w as not for those who may te a ch in th e secondary or higher s c h o o ls . The la tte r were to be tra in ed at the U n iversity . The report w as le s s de fi­ nite about the schoo l of m in e s , perhaps b ecau se i ts board of tru s te e s by law seemed to have had considerab le freedom of a c tio n , provided they kept the cu rricu la offered w ith in the very re s tric ted bounds se t by s ta tu te . More probably th is comparative s ilen ce w as due to the fac t the schoo l of m ines had so recen tly opened i ts doors th a t i t had not as ye t fe lt the p ressure to dev ia te from its o rig ina l function , and so did no t, in the minds 123 1. ANNUAL REPORTS BOARD OF EDUCATION, op . c i t . , p . 106. 2. I b id . , p p . 103-104. 3. I b id . , pp . 104-105. 86 of the comm ittee, need any sp ec ia l sta tem ent re s tric tin g i ts expansion . In 1901 controversy arose over sa la ry payments as au thorized by the board of tru s te e s of the schoo l o f m ines at B utte . Apparently higher sa la rie s had been au thorized by the lo ca l board than tho se approved by the State Board of Education. At the S tate Board m eeting on June 4 of th a t year the Board committee for the schoo l of m ines reported th a t in th e ir judgment fu ll control over the schoo l of m ines re s ted in the S tate Board of Educa­ tio n , including the power "to fix the sa la r ie s of the teachers . . . The lo ca l board has no power to fix the sam e. " They further recommended th a t no sa la ry higher than $2 ,400 be paid any p ro fesso r (other than the p residen t) "un less the same sh a ll be ordered and d irec ted by the S tate Board of Edu­ ca tio n . There w as no apparent h o s tili ty toward the schoo l. In fa c t , i t was much the o ppo site , for in th e ir report the committee s ta ted "confi­ dence in the ab ility of the p resen t facu lty . " The only con flic t seemed to be over the question of where re a l contro l w as to be ex e rc ised . That rea l fric tion ex is ted is ev iden t from the no tation th a t "Judge W . Y. Pemberton and W illiam C lark , members of the lo ca l board of the school of m ines add ressed the Board upon the apparent fric tion betw een the lo ca l board and the State Board of Education . " 2 Later in 1901 the State Board moved for tigh te r contro l by requiring th a t app lica tions for teach ing in any 12 1. MINUTES, op . c i t . , p . 362. 2 . I b id . , p . 363. 87 in s titu tio n should be filed w ith the S tate Board a t le a s t th irty days before the Board m eeting a t which ac tion w as to be tak en . This w as done so th a t Board members could "ac t more in te llig en tly upon such app lica tion s . The running ju risd ic tiona l fight betw een the lo ca l execu tive boards — e sp ec ia lly tha t of the ag ricu ltu ral co llege — and the State Board of Education, w ith pot sho ts here and th e re , continued unabated for almost a decade. F ina lly , in th e c a se of S tate v s . B arre tt, re la tiv e to control of land grant money, the S tate Supreme Court ru led th a t the S tate Board of Education "has d irec t management and control of the a ffa irs of the s ta te ag ricu ltu ra l c o lleg e . By 1909 resen tm ent over the ac tions of the lo ca l in s titu tio n s and th e ir lo ca l execu tive boards had reached such a high p itch th a t a general res ta tem en t of the re la tiv e powers of the lo ca l execu ­ tiv e boards and the S tate Board of Education w as deemed n ece ssa ry by the L egislative Assembly. Accordingly, by law a ll f in a l au thority — if such ever ex is ted — w as removed from the lo ca l execu tive b o a rd s . By the same ac t the la t te r were defin ite ly p laced under the control of the State Board of Education . Repealing a ll former a c ts or parts of a c ts th a t might be in conflic t w ith th is law ,^ the powers and du ties of the State Board of Education re la tiv e to the s ta te educa tiona l in s titu tio n s — Univer­ s ity of M ontana , M ontana S tate Normal C o lleg e , Agricultural College of 123 1. MINUTES, op . c i t . , p . 430. 2. REVISED CODES OF MONTANA, 1907, p . 172. 3 . SESSION LAWS OF 1909, p . 102. 88 Montana, M ontana S tate School of M ines — were s ta te d a s fo llow s: 1. To provide ru les and regu lations for government 2. To grant diplomas and degrees 3. To have "where not o therw ise provided by law " control of a ll book s, re co rd s , b u ild in g s , g rounds, and o ther property 4. To choose and appoint p res iden ts and facu lty for each in s titu tio n , se ttin g term s and conditions for e lec tion and appointment 5 . To confer upon the execu tive board of each in s titu tio n and /o r p residen t and facu lty of the in s titu tio n , such authority re la tiv e to immediate control and management, o ther than f in an c ia l, a s "may be deemed exped ien t. " Financing the In stitu tions From the very beg inn ing , finance w as a rea l problem to the s ta te educa tional in s titu tio n s . Previously it h as been noted th a t the de lay in the organization of the educa tiona l in s titu tio n s other than the ag ricu ltu ra l co llege w as due not only to failu re of the 1893 Legislature to appropriate funds for operating ex p en se s , but a lso to the d isa llow ing by the S tate Board of Examiners of the $15,000 bu ild ing appropriation th a t had been made by the L eg is la tu re . This ac tion of the S tate Board of Examiners w as based on the fac t th a t th e to ta l appropriations made by the Legislature ex ­ ceeded the to ta l income of the s ta te , making n e ce ssa ry some cu t in ex­ p en se s . One of the e a s ie s t p laces to cut w as in the appropriations for the newly e s tab lish ed but not as ye t operating s ta te educa tiona l in s titu ­ tio n s . D esp ite th is a c tion by the S tate Board of Exam iners, the ag ricu l­ tu ra l co llege w as able to o rganize b ecau se of i ts ava ilab le federa l money 89 for operating expenses and the loan of build ings by the c ity of Bozeman. This re luctance of the s ta te leg is la tu re to appropriate su ffic ien t funds for adequate opera tion of the higher educa tiona l in s titu tio n s continued throughout the early years of th o se in s t i tu t io n s . Illu s tra tiv e of th is a ttitude w as the fac t th a t the schoo l of m ines build ing at Butte w as com­ p leted and empty for a considerab le time b ecause of lack of operating and equipment funds ^ As early as 1896 the S tate Board of Education took cognisance of th is s itu a tion by se ttin g up a sp e c ia l budget committee composed of the chairmen of each of the committees on s ta te in s titu tio n s "to make an estim ate of the appropriations requ ired for the various in s t i tu t io n s ."* This w as the firs t time th a t there w as any evidence of advance o ffic ia l promotion by the S tate Board of Education for the n ece ssa ry appropria­ tions . That th is method proved effec tive is shown by the fac t th a t the Legislature in th e ir appropria tions fo llow ed the recommendations of th is comm ittee. 2 However, th e S tate Board 6f Examiners again cut the amounts granted to the s ta te un iversity^ and the ag ricu ltu ral c o l le g e .^ Although the S tate Board of Education requested res to ra tion of the fu ll amounts to each in s titu tio n , the Board of Examiners refused to y ie ld . 1 1. MINUTES, op . c l t . , p . 98. 2. I b id . , p . 106. 3. I b id . , p . 116. 4 . Ib id . , p . 130. 90 Thus began the ju risd ic tiona l struggle betw een the S tate Board of Education and the S tate Board of Examiners which w as not to be decided un til more th an fifty years la te r — during the struggle over the a llo ca tion of funds from a bond is su e for bu ild ings voted by the people o f the s ta te in 1948. C onsis ten tly throughout the years the S tate Board of Examiners sought to p lace a fin anc ia l res tra in ing contro l over the s te ad ily in c reas ing demands of the educa tional in s titu tio n s . So in 1899 the S tate Board of Examiners cut as before the leg is la tiv e appropriation made for th e ag ricu ltu ral co l­ leg e . Since no sim ilar cu t w as made a t th is time for the o ther educa­ tio n a l in s titu tio n s , Peter Koch, sec re ta ry of the lo ca l execu tive board of the agricu ltu ral c o lle g e , rem onstrated very v igorously over what he termed the "arbitrary" cu t of the S tate Board of Exam iners. In a communication to the State Board of Education a t th e ir m eeting on June 5 , 1899, he pointed out th a t there w as no “w arrant in the law for sing ling out one in s titu tio n for such a reduction"^ and went on to a ttack the probable reason for th is arbitrary ac tion — the assum ption th a t the difference would be made up out of land grant incom e. In th is report Peter Koch ra ised doubts as to the ava ilab ility of such money, but even if a v a ila b le , he questioned the leg a lity of using i t in the manner th a t seemed to be d esired by the Board of Exam iners. O riginal accep tance of the land g ran t, he m ain tained , implied a moral ob liga tion on the part of the s ta te to provide for build ings I . M INUTES, o p . c i t . , p . 198 . 91 and adm inistration of the co lleg e . Any in creased income from the land grant would be needed to take care of th e expected s tuden t in c rease — "350 to 400 studen ts w ith in a very few y ea rs . This report from Peter Koch stirred up considerab le d iscu ss io n in the State Board of Education, w hich fina lly referred i t to the S tate Board of Exam iners, but apparently w ithout re su lt. By 1900, fin anc ia l d iff icu ltie s resu lting from the dependence on leg is la tiv e "whims " became so p ress ing th a t P residen t C raig of the uni­ v e rs ity a t M issou la made a recommendation in h is annual report for a " s ta ted t a x . . .to secure perm anency, prevent d ifficu lty , and to secure the b e s t r e s u l ts . He suggested th a t th is support might be of two forms — "a s tipu la ted amount per y e a r , or a permanent appropriation of a frac ­ tio n of a m ill on the a s s e s s e d va lua tion of the s t a te . " H is own prefer­ ence w as for the m ill levy — a p lan "in u se in many s t a te s . . .and very 3 s a t is fa c to ry ." He fu rther suggested a levy su ffic ieh t for a ll of the in s titu tio n s , prorated to e ach . In th is same year the State Board of Edu­ ca tion a t i ts December m eeting appointed a committee of th ree "to p resen t to th e next le g is la tu re a ll needed leg is la tio n in the in te re s ts of the s ta te educa tional in s titu tio n s . Apparently th is committee w as su cce ss fu l in 1 1. MINUTES, op . c i t . , p . 199. 2. PRESIDENT'S REPORT — UNIVERSITY OF MONTANA, 1899-1900, p . 26. 3. I b id . , p . 27. 4 . MINUTES, op . c i t . , p . 343. 92 i ts efforts w ith the L eg is la tu re , but ag a in , p a rtia lly a t le a s t , th e ir su c ce ss w as nu llified by the action of th e S tate Board of Exam iners, for in 1902 Peter Koch of the ag ricu ltu ral co llege again complained about the w ith­ holding of the appropriation for th e ag ricu ltu ra l c o lleg e . This time i t w as the appropriation for the Experiment S tation th a t w as c u t, the te ch ­ nique used being th a t of ignoring b ills sen t to the Board of Examiners for approval and even of fa iling to "acknowledge th e ir re c e ip t. " Cooper­ a tion w as asked from the S tate Board of Education in making ava ilab le to the ag ricu ltu ra l co llege w hat the Legislature in tended them to h av e . For the rem ainder of the period preceding the c rea tion of the g rea ter U niversity of M ontana in 1913, no serious con flic ts developed betw een the S tate Board of Education and the S tate Board of Examiners over the leg is la tiv e appropriations for the educa tiona l in s t itu t io n s , a l­ though some d ifficu lty did a rise over the control of the land grant incom e, e sp ec ia lly in re la tion to the ag ricu ltu ra l co lleg e . The reports from the co llege lo ca l execu tive board to the S tate Board of Education on June 4 , 1901, and December 2 , 1901, d ea l in much d e ta il w ith th is con troversy . * The June report of the ag ricu ltu ra l co llege makes reference to a need for $6,900 to ba lance the co llege accoun ts for the y ea r, a sum which could be e a s ily a llo ca ted from the ba lance in the land grant fund of $17 ,000 , w ith an annual income of approxim ately $7 ,000 . However, u se of th is I . M INUTES, o p . _ c i t , , p p . 3 6 5 -3 73 ; 4 4 1 -4 4 6 . 93 land grant money to meet the ba lance in the co llege accoun ts had been prevented by the S tate Board of Exam iners. In th is June report the back ­ ground of the land grant fund is traced and mention is made tha t "to se ttle beyond d ispu te the manner of expenditure of sa id land money" a b ill w as subm itted to the 1901 Legislature which "p assed both houses by unani­ mous vo te . " W ith such support the co llege adm in istration assum ed th a t everything w as a ll r ig h t, so no fo llow -up w as m ade. Thus the lo ca l executive board of the ag ricu ltu ra l co llege w as "taken completely by sur­ p r ise , when a fte r adjournment, i ts veto by the Governor w as announced in the p apers . “ Apparently the Governor's ob jec tion w as the provision in the b ill for payments out of the fund d irec tly by the co llege trea su re r ra ther than by the u sua l channeling through the State Board of Examiners to the State T reasurer. After poin ting out in the report th a t the land grant fund could be used only for m aintenance and current expenses of the co l­ lege , the lo ca l execu tive board sought support from the S tate Board of Education to persuade the Board of Examiners to approve claim s made on the fund, or to in s titu te a "friendly su it" to se e if the Examiners could continue to re fu se to approve such c la im s . At the December m eet­ ing , the State Board, a fte r approval of such action had been given by its committee on the ag ricu ltu ra l c o lle g e , vo ted support for the co llege as requested , and for a "friendly su it" to be in s titu ted if need b e .* I . M INUTES, QP. c l t . , p . 4 13 . 94 Eventually the su it had to be in s titu te d , since the Board of Examiners remained adamant in th e ir re fu sa l to a c t on claim s made on the land grant money. The re su lt of the su it w as a ru ling of the S tate Supreme Court in favor of the S tate Board of Education , s ta ting th a t^ the State Board of Education is v e s ted w ith exclu sive power to re c e iv e , in v e s t, m anage, and control th e funds derived from the sa le of lands g ran ted to the s ta te for the use and support of the ag ricu ltu ra l c o lle g e , and th a t the income th e re ­ from is sub jec t to the o rders of the board to meet the current expenses of the in s titu tio n . M eanwhile question s were being ra ised by the public as to the leg a lity of the use of land grant mnney for the e rec tion of the build ings on the various cam puses . In a ll c a se s permanent funds a s w ell a s the in te re s t derived from tho se funds had been u sed . Examination revealed tha t the u se of the permanent funds w as i lle g a l , s ince only the in te re s t from th ese funds w as supposed to be av a ilab le . The Leg isla tive Assembly in 1909 took ac tion to remedy th is s itu a tio n , au thorizing the S tate Board of Examiners to is su e bonds in the name of the S tate in ex ce ss of $100,000, so as "to make whole the Permanent Funds of the various s ta te educa tional in s titu tio n s . "1 2 As a re su lt of th is ac t the s ta te edu­ cationa l in s titu tion s were c red ited amounts as fo llow s: s ta te normal schoo l, $65,000; u n iv e rs ity , $50,000; school of m ines, $30,000; 1. MONTANA REPORTS, 1934, V. 97, p . 379. 2. SESSIONS LAWS OF 1909, p . 252. 95 agricu ltu ral c o lle g e , $ 1 0 ,0 0 0 .1 This same Legislature se t up the "in te r­ e s t and income fu n d s ," providing as fo llow s:1 2 1. All moneys rece ived for investm ent in permanent funds (land grants) of s ta te in s titu tio n s to be p laced under control of S tate T reasurer — cred it of " in te res t and Income fund" of each in s titu tio n . 2. Payments to be made only on w arran t is su ed by State Auditor — payment for expenses ac tu a lly incurred . C laim s must f irs t be audited by Board of Exam iners. 3 . All claim s from in s titu tio n s must f irs t be paid out of th is fund un til exhausted — before w arran ts may be drawn aga in st s ta te appropriations from the general fund. 4 . D etailed reports to be made by the execu tive board of each in s titu tio n show ing a ll expenses incurred and d is ­ bursem ents made by each in s titu tio n . These reports to be filed w ith the S tate Board of Examiners — March I , June I , September I , December I — "out of funds, if any , appropriated by the United S ta tes Government for the m aintenance and support of such In s titu tio n s . " 5. D e ta iled sta tem en ts of a ll income and expenditu res to be made a t end of each even numbered y ear, beginning w ith November 30, 1910 — estim ate s for income main­ tenance and support next two y e a rs . Enigma of Consolidation Even though the is su e of conso lida tion versu s separa tion of the s ta te 's educa tiona l in s titu tio n s w as s e ttle d in 1893 by the dec is ion to e s ta b lish separa te schoo ls a t Bozeman, M isso u la , D illon , and B utte , a ttachs on the plan continued from the very f ir s t . Contributing toward the support of tho se who favored conso lida tion w as the trend toward 1. SESSIONS LAWS OF 1909, p . 253. 2. I b id . , p p . 168-170. 96 duplication of cou rses in the in s titu tio n s and the co s t of operation of four separa te schoo ls . Unquestionably some of the reason ing behind the State Board of Exam iners' con s is ten t cu tting of appropriations made by the Legislature was the fee ling th a t much of the duplication could be avoided and th a t the qu ickest way to insure th is d esired goal w as to give each in s titu tio n le s s money w ith which to ope ra te . However, if such were the c a s e , th is technique fa iled to ach ieve i ts pu rpose , and the net resu lt w as in ten s ified resentm ent ag a in st the State Board of Exam iners. In fac t resen tm ent fin a lly bu ilt up to such a peak th a t court c a se s were In s titu ted to in su re to the in s titu tion s a ll of the income to which th ey were righ tfu lly en title d . Thus b itte rn e ss and personal an­ tagonism were added to an is su e th a t o therw ise might have been fought out on i ts merits a lo n e . By the turn of the century the forces seek ing conso lida tion were once more out in the open. The G reat Falls leadersh ip had been tho r­ oughly d isc red ited in the 1893 c o n flic t, but by 1901 the movement had found support in the rap id ly growing eas te rn part of the s t a te , which fe lt neg lected in the m atter of s ta te in s titu tio n s . Sparked by B illings as the cen ter of the new grow th, a tta ck s became more and more frequent on the system of separa tion . In the 1901 Legislature the movement was powerful enough to force through a House Joint Concurrent R eso lu tion , in troduced by Representative Stull from B illings, in struc ting the S tate Board of 97 Education to inves tig a te the adv isab ility of a conso lida tion of the educa­ tio n a l in s t itu t io n s . * Cost of the in s titu tio n s w as c ited in the reso lu tion a s the reason there fo r. The reso lu tion pointed out f i r s t , the great and unnecessary expense under current methods of conducting and m aintaining severa l educa tional in s t i tu t io n s , and second , the more econom ical method of maintaining only one in s titu tio n a t one po in t. Although no sp ec ific ac tion followed the adoption of th is reso lu ­ tio n , ag ita tion continued for some p lan th a t would e lim inate unnecessa ry duplication among the u n i ts , m inimize the pre- Ie g is la tiv e competition for funds by the seve ra l communities in which the educa tional in s titu tio n s were lo ca ted , and reduce the ever-recu rren t m isunderstanding and i l l-w il l among the severa l fa c u ltie s , studen t b o d ie s , and alumni. Taking advantage of th is fee ling . Dr. C lyde Augustus Duniway, who became p residen t of the un iversity a t M issou la on September I , 1908, advanced in h is annual m es­ sage of th a t year the p rincip le of "adm in istrative un ity" for the in s titu tio n s . As background for h is p roposal he quoted an "editor" to the e ffec t th a t even when f irs t organ ized in te llig en t c it iz e n s1 2 not under the b ia s of lo c a l, or personal c o n s id e ra tio n s .. . w e ll knew th a t the cen tra liza tio n of the sy s tem , including a ll or nearly a ll of th e co lleg es or sp e c ia l sch o o ls , w as beyond a ll doubt the right p l a n . . . (separation) w as a dep lorable m is­ ta k e , it w as a wrong po licy , d irec tly en tered in to by m en, a 1. LAWS OF MONTANA—SEVENTH SESSION— 1901, p . 214. 2. PRESIDENT'S REPORT—UNIVERSITY OF MONTANA, November 30 , 1908, PP. 6 -7 . 98 good many of whom knew perfec tly w e ll th a t I t w as w rong. Since th is p lan w as wrong in p rin c ip le , Duniway m ain tained , i t should not be allowed to continue if there w as any reasonab le way for reform . He adm itted th a t a c tu a l conso lida tion might not be po liti­ ca lly p o ss ib le , b ecau se of acquired hab its and v es ted in te re s ts . Yet re lie f might be found from the burdens of dup lica tion and the w eakness of d iv ision "by developing adm in istrative un ity . " To achieve th is end he advocated estab lishm en t of a sp ec ia l Board of R egen ts, concerned ex­ c lu s iv e ly w ith the problems of the educa tiona l in s t i tu t io n s , exerc is ing authority over a ll of the in s t i tu t io n s . Under th is p lan the lo ca l execu tive boards would be d iscon tinued , and th e ir du ties and re sp on sib ilitie s given to the Board of R egents. The in s titu tio n s would remain as already lo ca ted , but they would m aintain "effective coordination and unity" by being con­ nec ted "with the S tate U niversity under such regu la tions a s the S tate Board of Education may p re sc r ib e . " Since th is p lan w as only a th in ly ve iled attempt to p lace th e o ther in s titu tio n s under the control of the uni­ v e rs ity , reac tion in d ic a ted , as might have been expec ted , v io len t oppo­ s itio n from the a reas where the o ther un its were lo ca ted . Up in arms to fo re s ta ll such control by the u n iv e rs ity , th e se a reas banded toge ther to support in 1909 the L eg isla tive p roposals for the reo rgan iza tion of the lo ca l executive boards as p rev iously ou tlin ed . Thus tem porarily th ey di­ verted the growing demand for conso lida tion . 99 Despite th is attempted so lu tion , the trend toward duplication of courses and the competition for in c reased s ta te appropriations continued in the various schoo ls , w ith re su ltan t public a tten tion and critic ism in lo ca litie s where there were no s ta te in s titu tio n s of any k ind. In 1912 the new presiden t of the un ivers ity at M issou la , D r. Edwin B. C ra ighead , took advantage of th is s itu a tio n and revived the e a rlie r p lan of h is pre­ d ece sso r, Dr. Duniway, for "adm inistrative un ity . " This tim e , however, open support w as given to conso lida tion . * Feeling assu red th a t victory for conso lida tion would mean conso lida tion of a ll of the in s titu tio n s at M issou la , the c itizen s of th a t c ity a s w ell a s the facu lty and studen ts of the un iversity threw wholehearted support to the p lan . U nexpectedly , add itional support w as given to the movement by o ther a reas in th e s ta te , e sp ec ia lly by the c itiz en s of G reat F a l ls , Lew istown, and H elena , who, in each c a s e , seemed to fe e l th a t if the fight for conso lida tion c a rried , lightning would strike in th e ir p a rticu la r lo ca lity and the conso lida ted in s titu tio n would be e s tab lish ed in th e ir c ity . A conso lida tion measure was in itia ted by p e titio n , and by October I , 1912, friends of the measure were so confident of i ts p a ssag e th a t th ey pub lic ly announced th a t the campaign was as good as over and th a t p a ssag e of the m easure w as I . Brewer, HIGHER EDUCATION IN MONTANA, (Address de livered before facu lty of M ontana S tate C o llege , April 9 , 1946), pp . 12 -13 . r I I I t ESTABLISHMENT OF "THE MONTANA SYSTEM " 128954 100 assu red . However by th is time the c itiz en s of Bozeman had become thoroughly aroused and , conscious of the e ffect on th e ir c ity if the m easure did carry , had ra ised a campaign fund, appointed a committee aga in st the measure (Professor W . F . Brewer of the ag ricu ltu ra l co llege as chairman), and organized for b a tt le . A short vigorous campaign w as conducted and the measure w as defeated by a th ree -to -tw o vo te . D esp ite ;th is de fea t of the conso lida tion m easu re , the friends of the current p lan of separa ted schoo ls rea lized th a t the campaign d is ­ cu ss ion s had revealed to the c itiz en s of the s ta te the inherent ev ils in the ever-recurring strugg les be tw een the schools for fu nd s , and the ev e r-in c reas ing dup lica tion of cou rses in the various in s titu tio n s . They therefore threw th e ir support to the p lan for reform proposed by John H. ■ I Durston , ed ito r of the Anaconda S tandard . ^ Editor Durston suggested I* Brewer, op . c i t . , p . 13. (Durston apparen tly by h im self thought up the idea of the M ontana Plan and plugged for i t severa l years before i ts adoption . He w as bom in Sy racuse , New York, on February 19, 1848. He enro lled in Yale U niversity in the c la s s of 1869, but le ft in h is junior year to go to the U niversity o f H eidelberg , from which he received the Ph. D . degree in 1870. For two years he stud ied in P a ris , sp ec ia liz ing in c iv ic s and p o litic a l economy. Returning to the United S ta tes he became head of the Department of Languages at Syracuse U n iversity . In 1878 he became ed ito r and ha lf-ow ner of the Syracuse S tandard . In 1877, M arcus Daly brought him to M ontana to run the Anaconda paper, giving him one of the most modem p lan ts in the world . Rumor h as i t the f irs t colored funny paper came from h is p la n t, ra ther th an from New York, the normal fountain head for a ll such profound inven tion s . In 1913, he o rganized th e Butte D aily Post, which he w as s t i l l managing in 1928 when he rece ived the honorary degree of Doctor of Laws from M ontana S tate U n ivers ity .) 101 the adm inistrative reo rgan iza tion of the four in s titu tio n s under one execu ­ tive head , to be ca lled the C hancello r of the U niversity System . His office w as to be in the State C ap ito l a t H elena , thus removing him from the immediate p ressu re s th a t would be presen t were he to be loca ted on any one of the campuses of the in s titu tio n s . H is sp ec ific duty would be to m aintain rea l unity of effort among the in s titu tio n s , cu t out n eed less duplication of e ffo rt, and put an end to the b itte r rivalry tha t w as so up­ se tting at the time th a t leg is la tiv e budgets were being requ ested . This p lan , receiv ing support from the S tate Board of Education , w as accep ted by the 1913 S tate L eg isla tive A ssembly, w hich c rea ted a new un iversity system ca lled The U niversity of M ontana. * This new system w as composed "from and after the f irs t day of July , 1913 ," of the S tate U niversity at M issou la , the College of Agricultural and M echanic Arts at Bozeman, the School of M ines a t Butte, and the Normal College a t D illon , "and such Departments of sa id in stitu tion s as may hereafte r be o rgan ized . " To the general du ties enumerated in Chapter 73 of the S ess ion Laws of 1909, th is a c t added a new power for the State Board of Education , namely: To receive from the s ta te board of land comm issioners, or o ther b o a rd s , or p e rso n s , or from the government of th e United S ta te s , any and a ll fu n d s , incom e, and o ther property to which any of sa id in s titu tio n s may be en titled and to use and appro­ priate the same for the sp ec ific purpose of the grant o r donation . I. I . REVISED CODES OF MONTANA, 1915 Supplement, p . 80. 102 and none o thers; and to have general control of a ll re ce ip ts and d isbursem ents of any of sa id in s t i tu t io n s . 1 At th is same time the le g is la tu re took cognizance of the need for some control of the tendency of the schoo ls to develop curricu la that du­ p lica ted each o ther, and sought to provide for some le ssen in g of the com­ petitive ten sion th a t developed e sp ec ia lly before and during each se ss io n of the L eg isla tu re . To furn ish some sort of control for th ese and other fac to rs th a t made for i l l -w il l among the educa tiona l in s t i tu t io n s , the act sp ec ifica lly provided th a t It sh a ll be the duty of the s ta te board of educa tion , in the exerc ise of i ts d isc re tio n , in the government and control of sa id University of M ontana, and i ts component in s titu tio n s , as conferred upon i t by the C onstitu tion of the S ta te , to take such s tep s and p rescribe such ru les as may be n ece ssa ry to prevent unnecessary dup lications of cou rses of in struc tion in the various educa tional in s titu tio n s composing the University of Montana; to in v es tig a te carefu lly the needs of each of sa id in stitu tion s w ith reference to bu ild ing s , equipm ent, and in ­ struction ; to estim ate the n ece ssa ry appropriations required for such needs and to make recommendations to the leg is la tiv e assem bly accord ing ly . ^ In order to re s tr ic t the power of the lo ca l execu tive boards even more e ffec tive ly than the ac t of 1909 had done, the Legislature in th is 1913 ac t provided tha t the immediate d irec tion , management and contro l of the respec tive in s titu tio n s should be in the hands of the p res id en ts ra ther than the lo ca l execu tive boa rd s , a s had been the custom in the p a s t . G eneral 12 1. REVISED CODES OF MONTANA, op . c i t . , p . 75. 2. I b id . , p . 81. 103 superv ision and d irec tion remained in the hands of th e S tate Board of Education. In other w o rd s, the p res iden ts now became d irec tly respon­ s ib le through the office of the C hancello r to the S tate Board of Education ra ther than to th e ir lo ca l execu tive b o a rd s . The la tte r now became merely advisory boards to be used as needed by the respec tiv e p res iden ts and to be a ssigned sp ec ia l du ties from time to time as the S tate Board deemed it exped ien t and desirab le to do so . However, the b a ttle for contro l w as not as y e t over. D espite th e support given by th e S tate Board of Education to th e new p lan while i t w as being steered through the leg is la tiv e s e s s io n , su ffic ien t backing for the plan of P residen t C raighead to give contro l to the S tate U niversity w as s t i l l p resen t in th a t Board so th a t no C hancello r w as chosen in 1913 or a t any time during th e next two y e a r s . During th is period betw een se s s io n s of the L eg isla tu re , the friends of a con so lid a ted in s titu tio n at M issou la worked v igorously seek ing support a ll over the s ta te for th e ir id e a . When the Legislature convened in 1915, the M issou la supporters were ready for ac tion . On the fifth day of the s e s s io n House Bill 14, providing for repea l of the so -c a lle d C hancello rsh ip p lan , w as in troduced by Representative H iggins of M issou la . This b ill p a ssed both houses of the L eg isla tu re , w ith powerful support from the M issou la de legation a s s is te d ch iefly by members from a reas in the s ta te in which there w as no s ta te in s titu tio n of any k ind . The Butte de legation w as sp lit about 104 evenly for and aga in st rep ea l, but th e delegations from D illon and Bozeman were active aga in st rep ea l. Into th is c r is is s tepped Governor Sam Stewart w ith a m asterly veto of the repea l b i l l , re s ta tin g in h is veto m essage the major arguments for re ten tion of the new system as e s tab lish ed in 1913 . ^ Opponents of the plan were unable to muster su ffic ien t vo tes to p a ss the repea l b ill over th is v e to . Thus to Governor S tew art, M ontana owes its p resen t system of s ta te -su ppo rted higher educa tion . Four separa ted in ­ stitu tion s became component parts of a sing le o rganization; y e t each re­ ta ined its own id en tity . Harmonizing the efforts of the in s titu tio n s , unifying th e ir a im s , and a rticu la ting th e ir efforts w as the Chancello r of the system , exerc is ing such powers a s d e lega ted to him by the S tate Board of Education. As an aftermath of the s tru gg le , Dr. C raighead w as re ­ moved from h is position as p res iden t of the S tate U niversity at M issou la . There w as a lso a general realignm ent of cu rricu la , w ith tran sfe rs made in and out of the ag ricu ltu ra l co llege and the s ta te un iv ers ity . In 1916, Edward C . E llio tt, then Dean of th e College of Education a t the University of W isconsin , became the f irs t C hance llo r, holding office un til 1922. The M ontana System of Higher Education — an experiment in in teg ra ted higher education — w as e s tab lish ed . 12 1. HOUSE JOURNAL, 14th S e ss ion , 1915, pp. 576-580 . 2 . E llio tt, Edward C . , "Inaugural A dd ress ," in THE INTER-MOUNTAIN EDUCATOR, Vol. 12, No. I , September, 1916, pp . 3 -11 . CHAPTER III THE MONTANA SYSTEM; CHANCELLORSHIP PHASE I f HEYDAY OF THE CHANCELLOR W ith the estab lishm en t of an in teg ra ted system of s ta te -suppo rted higher educa tion , the b a ttle for conso lida tion w as over. Under the new system the four separa ted in s titu tio n s became component parts of a sing le o rgan iza tion , but each re ta ined its own iden tity and each remained e s tab lish ed in i ts own lo ca lity . No sim ilar scheme of o rgan ization and government had been e s tab lish ed previous to th is tim e . 1 As the new system evolved i t w as to be charac te rized by a po licy of keeping author­ ity and re spon sib ility in "even and jud ic ia l b a la n ce " in the ac tions of the s ta te board of educa tion , the chance llo r, and the p res iden ts of the sep a r- a ted u n its . Yet, a s id e from the c rea tion of the o ffice of C hance llo r, no struc tu ra l changes in th e s ta te -su ppo rted system of h igher education were made by the S tate L eg isla tu re . No sp ec ific powers and du ties were se t by law for the guidance of the C hance llo r, and the only d irec t man­ date to him in h is leadersh ip of the new system w as a provision in the amended powers and du ties of the S tate Board of Education in struc ting the 12 1. Edward C . E llio tt, "Inaugural A ddress, " THE INTERMOUNTAIN EDU­ CATOR, September, 1916, p . 6 . 2 . M elvin Brannon, "The M ontana System of Adm inistering Higher Educa­ tio n , SCHOOL AND SOCIETY, VoI. 35, No. 896, February 27 , 1932, P. 5. 106 Board to prevent n eed less dup lication of cou rses of study in the in s titu ­ tions . * O therw ise the only new provision was one by which the Board could of i ts own vo lition se t forth the C hance llo r 's powers and du ties — a provision which it fa iled to carry out un til 1918, a fte r two years of ex­ perim entation w ith the complex ities of the new sy s tem . Actually the new system was adopted in an atmosphere of b lind fa ith in the p o ss ib ilitie s of a dream — and the dreamer w as Dr. John H. Durston^ a new spaper ed ito r ra ther than a p ro fessiona l educa to r. The v is ion was accep ted by a ll sincere friends of s ta te -su ppo rted h igher education in a hope th a t a w ay might be found out of the m orass of in te r- in s titu tio n a l b ickering and leg is la tiv e log -ro lling — a p o ss ib ility for a se ttlem en t of the prolonged destructive sta tew ide controversy over conso lida tion and dup lica tion . As w as ind ica ted by C hancello r E llio tt 's comment in h is le tte r of res igna tion in 1922:3 The f in e s t advocates of the p lan rea liz ed the uncerta in ty of the outcom e. Many of tho se sk illed in educa tional admin­ is tra tio n . . .w ere frankly dubious of the su c ce ss of the novel schem e, which w as designed to c rea te a harmoniously working educa tional o rgan ization from a group of in s titu tio n s and ap­ paren tly incompatible in te re s ts . The fac t th a t the experiment had in it ia l su c ce ss and th a t foundations were la id for a rea l working organ ization w as due to the high ab ility and 1 1. SESSION LAWS OF 1913, pp . 422-425. 2 . Editor of THE ANACONDA STANDARD. (Cf. an te p . 100, footnote I . ) 3 . MINUTES OF STATE BOARD OF EDUCATION, Vol. IV, p . 925. 107 consummate sk ill of the f irs t C hance llo r, Dr. Edward C . E llio tt, a man of remarkable energy, fo resigh t and adm in istrative in s ig h t. In the words of W . F. Brewer, a p ro fessor from the Agricultural College who worked very in tim ately w ith him , e sp ec ia lly during the firs t m illage campaign of 1 920 ,1 He w as a man of vigorous and dom inating p e rsona lity , a tremendous studen t w ith a very keen sen se of fa c t , an inde­ fatigab le worker w ith abundant driving power. His f irs t im­ p ression upon some people w as not always congen ia l, but he always commanded re sp e c t . Those who worked most in tim ately w ith him found him , as one of them sa id to me, "A pretty good fellow to work w ith . " In minor m atters he did not h e s ita te to give orders but in major m atters of po licy he gave fu ll consider­ ation to the opinions and w ishes of those w ith whom he w orked. Hls m astery of the fa c ts commanded re sp ec t everywhere . Guiding Principles for the System In Dr. E llio tt 's Inaugural add ress de livered severa l months after he assum ed office in 1916, the new Chancello r ind ica ted many of the guid­ ing princip les which he fe lt would be d esirab le in the new system . Foremost among th e se w as the u se of the person of the C hancello r as the connecting mechanism for harmonizing the efforts of the four separa ted in s titu tio n s and for unifying th e ir aims and a rticu la ting th e ir re s u l ts . Through w ise use of h is position of in fluence he sought to avoid unnecessa ry and un­ w ise duplication and to elim inate unwholesome and d estruc tiv e com petition . That he did not wholly succeed is ev idenced by a report in M arch 1919 to 12 1. Brewer, op . c i t . , p . 14. 2. THE INTERMOUNTAIN EDUCATOR, 0 £ ._ c i i . , pp . 6 -8 . 108 a jo int committee of the leg is la tiv e house and sen a te w h ich , while p ra is ­ ing the achievem ents of the sy stem , does mention continued ex is tence of "enervating community r iv a lr ie s , p ro fessiona l jea lou sy and insubordina­ tion of some facu lty m embers, (and) s t i l l some w aste of effort and money. On the o ther hand , two years e a r lie r , in 1917, Governor S tewart, in his opening m essage to the L eg isla tive Assembly had s tre s se d th a t "the ex­ perience of a l it t le le s s than a year has proven th a t we are a tta in ing a h igher degree of e ffic iency and ge tting b e tte r re su lts for the money ex­ pended than w as po ss ib le under the o ld sy stem . "1 2 The b e s t proof o f the sa tis fac to ry working of the new system w as the w ho le -hearted approval of the s ta te , which in a very d ec is iv e vote in 1920, committed i ts e lf to the financ ia l support and enlargem ent of the U niversity sy stem . When it i s considered th a t th is d ec is iv e vote w as secu red after years of drouth conditions in a s ta te very large ly dependent upon ag ricu ltu re , the com­ parative su c ce ss of th e new experiment is even more apparen t. Another guiding p rincip le of the new Chancello r w as th a t of ad­ m in istra tive un ification of the in s titu tio n s from an ex te rna l and m echani­ c a l point of v iew . A ttainment of th is p rincip le in p rac tice w as secured f irs t through the personal p resen ta tion by the C hancello r to the S tate 1. MILES CITY INDEPENDENT, M arch 14, 1919, p . 6 . 2 . I b id . , January 5 , 1917, p . 4. S rf * 109 Board of Education of any problem affecting any un it o f the system . In fac t no indiv idual p res iden t w as perm itted to appear before the S tate Board un less inv ited by th e Board. This c learing of in s titu tio n a l problems through the person of the C hancello r not only enhanced h is p res tig e in th e s ta te and in the re sp ec tiv e in s titu tio n s , bu t i t a lso in su red th a t a ll problems concerning the un its would be p resen ted to the Board a s problems of the entire system ra ther than as problems of an ind iv idua l u n it striv ing to further i ts own in te re s ts and seek ing to sa tis fy lo ca l p re s su re s . A second fac to r in the attainm ent of some adm in istrative un ifica tion of th e in s titu ­ tions was the c rea tion o f the Executive Council, composed of the p re s i­ den ts of the U niversity un its and o ther adm in istra tive personnel. * This body was organized in 1916 by th e C hancello r a s a dev ice for securing group reaction of ten ta tiv e p o lic ie s proposed for th e fu tu re , and a s a forum for the d iscu ss io n of tho se p lans and p o lic ie s of the ind iv idual u n its which affected the smooth working o f the system a s a whole. By th is method the C hancello r w as ab le to secu re an id ea of probable re a c ­ tions in lo ca l communities and in ind iv idual un its o f p roposals advanced for the system a s a whole. In p rac tice th is u se o f th e person of the C hancello r for the a tta in ­ ment o f adm in istrative un ifica tion succeeded to a h igher degree than had I. I . C f. p o s t, p p . 152-153. HO been expected even by Dr. E llio tt. Since the S tate Board of Education met in regular s e s s io n only in June and December of each y ea r, it quickly developed the p rac tice of de legating considerab le "interim" power to the C hancello r, e sp ec ia lly in m atters concerning the budget and the s ta ff . In budget m atters he w as early authorized to approve changes as deemed for the b e s t in te re s ts of the seve ra l in s t i tu t io n s , pro­ vided the to ta l changes did not exceed to ta l estim ated resou rces and provided such changes were reported to the S tate Board a t i ts next regu­ la r m eeting. In s ta ff m atters he w as authorized to f i l l v a c an c ie s , make additional appoin tm ents, and s e t or ad ju s t s a la r ie s in e s tab lish ed d e ­ partments , again provided th a t he report a t the next m eeting of the Board. The ex ten t of C hancello r contro l of the ind iv idual un its is shown by the C hance llo r 's Adm inistrative Memo #9 l of September 25, 1916, approved by the State Board of Education on December 22, 1916, which in part required the p res iden t of each unit of the U niversity system to f ile a report w ith the C hancello r a t the end of each calendar month, l i s t ­ ing a ll s ta ff ab sences from duty during th a t month. The report w as to in ­ clude the name of each s ta ff member concerned , length of h is ab sen ce , the cause of h is a b sen c e , and w hether h is absence w as properly author­ ized or reported . I. I . MINUTES, op . c i t . , p . 49. I l l A th ird guiding p rincip le for th e Chancello r in h is adm inistration of the new system w as h is concern for the "genuine v e s ted in te re s t" of the facu lty and studen ts of each un it in the “upbuilding o f the u n iv e rs ity .11 Calling a tten tion to the fac t th a t “each and every one of th e se in s titu tion s i s larger than any one man, “ he decried th e tendency toward imposition of an arb itrary w ill from w ithout, and m aintained th a t , as C hancello r, he would re ly upon the facu lty and s tuden ts o f th e various un its for “counsel and guidance In a ll m atters of e s se n tia l c o n ce rn ,“ By 1918, the S ta te Board of Education was ready to recognize the achievement of Chancello r E llio tt in building a working system w ithout any precedents to follow or guiding ligh ts to u se in the unique experi­ ment. Accordingly on June 22, 1918, the Board adopted the following reso lu tions e s tab lish ing o ffic ia lly the powers and du ties of the C hance l- . IIon I . Relation of the C hancello r to th e S ta te Board of Education The C hancello r is th e ch ie f execu tive o fficer o f the Univer­ s ity and as such performs the du tie s p rescribed by law , and ca rries ou t the o rders o f the Board. He i s responsib le to the Board for the prompt and effec tive execution of a ll po lic ies determ ined upon for the proper enforcement o f the ru le s and regu la tions adopted for th e seve ra l in s titu tio n s o f th e Univer­ s ity . He sh a ll a c t as the medium o f communication betw een the Board and the o fficers and o rgan ization of th e U n iversity . He sh a ll a ttend and p a rtic ip a te in a l l m eetings o f th e Board a t I . MINUTES, o p . c i t . , p p . 3 5 6 -3 5 7 . 112 which m atters re la ting to h is o ffice , o r to any of the in s t i tu ­ tions or affa irs o f the U n iversity are under con sidera tion . He sh a ll make nom inations and reports of appointm ents, promo­ tio n s , s a la r ie s , tran s fe rs , su sp en s io n s , d ism is sa ls , and re s ig ­ nations of adm inistrative o ffice rs , members o f th e in stru c tiona l and sc ien tif ic s ta f fs , and o ther employees o f the seve ra l in s t i ­ tu tions of the U n iversity . As p rescribed by law , he sh a ll sign a ll diplom as, d eg rees , p ap e rs , in s trum en ts , and documents executed by the U n iversity . I t i s a lso h is duty to report to the Board, a t reasonab le in te rv a ls , on the general condition of the U niversity , and to make recommendations concerning general po lic ies th a t w ill promote th e development of the higher educa­ tiona l system of the S ta te . II . Relation of the C hancello r to the U niversity The C hancello r is a member of a ll leg is la tiv e bodies w ithin the U niversity o rgan iza tions and decides a l l question s of Ju ris­ d ic tion , not sp ec if ica lly d efin ed , of the severa l counc ils , facu l­ t ie s , and o ff ice rs . He may refe r any question of in s titu tio n a l or general U niversity po licy to any council, facu lty , comm ittee, or to any member of th e in s tru c tio n a l or sc ien tif ic s ta ffs for inves tig a tion and report. He may c a ll sp e c ia l m eetings of any council, facu lty , or committee a t any tim e. The Chancellor sha ll afford every opportunity , c o n s is ten t w ith sound adm inis­ tra tion and educa tional po licy , to every o fficer and member of the in s tru c tiona l and sc ien tif ic s ta ffs to p resen t suggestions for the general w elfare of th e U n iversity or o f any o f i ts in s titu tio n s . The Chancello r may veto any a c t of any counc il, facu lty , or committee w ithin the U n iversity , but in so doing he sh a ll transm it w ith the veto a w ritten sta tem en t of th e reasons for such ac tion . A copy o f each ve to sta tem en t sh a ll be transm itted to the Board. Any counc il, facu lty , o r committee may appea l from a veto of the C hancello r to th e Board and may be rep resen ted before the Board by one o f i ts members for th is purpose. III. G eneral Powers and D uties of th e Chancello r The C hancello r sh a ll prepare and submit to th e Board such annual and sp ec ia l reports concerning the U niversity a s the Board may requ ire . He sh a ll a lso prepare and p resen t annually to the Board, the U niversity budget. When approved by th e Board, th is budget sh a ll govern a ll expend itu re? , sub jec t to the p rov isions of the law and to the regu la tions o f th e S ta te Board of Exam iners. 113 IV. Inciden ta l Powers of the Chancellor As the Chief Executive O fficer of the U n ivers ity , the Chancellor is e sp ec ia lly charged w ith the duty of securing harmony and cooperation among the in stitu tion s of the Uni­ v e rs ity , and the econom ical coordination of th e ir in struc tiona l and sc ien tif ic w ork . To th e se ends he has such powers a s may be defin ite ly de legated to him by the Board; and in addition such in c iden ta l powers a s are n ece ssa ry properly to perform the du ties of h is o ffice . Financing the System W ith such sw eeping recogn ition of h is re sp o n s ib ilitie s together w ith the c le a r-c u t de fin itions of h is powers and d u tie s . Dr. E llio tt was then ready to move toward the re -fin anc ing of h igher educa tion , po ss ib ly the most important of h is contribu tions to the new sy stem . From the very f irs t the S tate had fa iled adequate ly to support the in s titu tio n s of h igher educa tion . As has been p rev iously in d ica ted , leg is la tiv e appropriations were u sua lly too sm all, and o ften were in part s e t a side by action of the S tate Board of Examiners on the grounds of in su ffic ien t income to meet appropria tions. Reform suggestion s had been made b a sed on the "s ta ted tax" proposal^ of un ivers ity p res iden t C ra ig , but no ac tion tak en to pro­ vide a system th a t would remove fin an c ia l support of h igher educa tion from p o lit ic s . By 1918 i t w as eviden t th a t continued dependence for such financ ia l support each two years on leg is la tiv e whims and p o litic a l I. I . C f. an te , p . 91 114 manipulations would probably re su lt in a d ecrease In income for higher education at the moment when in c reased en ro llm en ts , a f te r the c lo se of W orldW ar I, were demanding larger appropriations a s w e ll a s more bu ild ­ in g s . To meet th is s itu a tio n m easures were in itia ted under Dr. E llio tt 's d irection for the im position of a sp e c ia l two and one—half m ill levy for the support of the U niversity sy stem . In add ition . Dr. E llio tt a lso supported in itia tion of a sp e c ia l bond is su e of five m illion do lla rs for the e rection of new build ings at the s ta te in s titu tio n s , both educa tiona l and w e lfa re . Professor W . F . Brewer of the Agricultural College w as appointed d irec to r of the campaign for approval of th e se m easures by the peop le . The cam­ paign was su cce ss fu l on both is su e s and th is financing plan — a combin­ ation of a sp ec ia l m ill levy for opera tion and a bond is su e for bu ild ings — was adopted by vote of the peop le . The m ill levy w as lim ited to ten y e a rs , so period ically campaigns have been n ece ssa ry to secure approval by the people of a continuance of th is m ill levy p lan of financing . Successfu l campaigns were held in 1930 and 1940 and again in 1948 (se t ahead two years) for such renew al. Prelim inary p lans are now under way for a sim ilar vote in 1958. Bond i s s u e s , however, have not been as su c c e ss fu l, although the one in 1948 for five m illion do llars did su cceed , only to be s id e -tra ck ed for seve ra l years by a leg a l b a ttle over a llo ca tion of funds involving the re la tiv e powers of the S tate Board of Examiners and the State 115 Board of Education. * A New Leader At the meeting of the S ta te Board of Education on Ju ly 8, 1922, Dr. E llio tt res igned as C hance llo r, h is res igna tion to take e ffec t not la te r than September I , 1922, in order to accep t the position a s p res iden t of Purdue U niversity . In th e ir reso lu tion of accep tance of th is res igna tion , the S ta te Board s tre ssed h is accomplishm ents in an era when the S ta te was suffering from "adverse drought cond itions and d ecreased rev en u e ." Specia l note was made in th is reso lu tion o f h is leadersh ip in the develop­ ment of 1. Friendly and cooperating facu ltie s in the un its 2 . E lim ination of dup lication of effort in the in s titu tio n s 3. Strengthened and harmonious organ ization 4 . Enlarged building program 5. Rapidly in c reas ing a ttendance2 Later, on September 18, 1922, D r. E llio tt added to h is "budget le tte r" to the Board th ree conv ic tions a s the " re su lt o f my seven years o f se rv ice w ith the higher educa tional system o f M on tana ." These conv ic tions w ere :^ I . C itizen sh ip of M ontana "committed to po licy of providing superior educa tional advan tages for the youth of the S ta te" a s ev idenced by m ajo rities for in itia ted m easures authorizing the m ill tax and is su an ce of s ta te bonds 1 1. C f. p o s t, p p . 217-226 . 2 . MINUTES, Q£. _cit», pp. 925-927. 3 . I b id . , p . 931. 116 desp ite efforts "to sow the seed s o f su sp ic ion among the people th a t M ontana is taxed too heav ily for pub­ lic schoo ls . The in te re s ts behind the campaign have fa iled to take in to considera tion the streng th of the fa ith o f the ty p ica l American in the public sc h o o ls ." 2 . Inconceivable th a t In te llig en t c itizen sh ip w ill l is te n se riou sly to " sp ec iou s arguments now so industriou sly c ircu la ted by ce rta in types of p o litic ian s" for su b s tan ­ t ia l ly le s s future taxa tion for public en te rp rises than now. Prime question is th a t for a system of revenues equ itab ly d is tribu ting the burden of support. 3 . After reference to p re sen t "archa ic tax system " and the need for some form of personal income ta x , a sta tem ent th a t "the S ta te o f Montana has never ra ised enough money adequate ly to support i ts s ta te in s titu tio n s and governmental departm en ts." An in te res ting afterm ath o f th e work of C hancello r E llio tt i s found in a sta tem ent of the S ta te Board of Education on December 5, 1922, re la tiv e to th e genera l schoo l s itu a tio n . Including problems of financing . In th is sta tem ent the Board reaffirmed the p rincip le of educa tional oppor­ tun ity so precious to a l l , e sp ec ia lly to M ontanans:* As a nation we are committed to the p rincip le th a t an e le ­ mentary education i s th e righ t o f every child ; th a t a high school education should not be den ied the boy or g irl who d e s ire s it; and th a t a un ivers ity cou rse should be ava ilab le to a l l who can qualify for th a t work. As su cce sso r to Dr. E llio tt, the S ta te Board o f Education in 1922 e lec ted Dr. M elvin A. Brannon, a t th a t time p res id en t of the U n iversity of Idaho. A gen ia l and friend ly gen tlem an, w ith many years o f previous I. I . MINUTES, op . c i t . , p . 955. 117 educational experience both as te ach e r and adm in istra to r. Dr. Brannon w as a strik ing con trast to D r. E llio tt, w hose su c ce ss came through adm inistra­ tive ab ility and effic ien t workmanship ra ther th an through the art of friendly cooperation . In the ea rly years of Dr. Brannon's adm inistration h is approachable personality w as a welcome change to those who had begun to d is lik e the au ste re approach of the m ach ine-like Dr. E llio tt. Thus many years of sa tis fac to ry and p lea san t progress followed the change of adm in istra to rs. In October 1923 h is report to the S tate Board of Educa­ tion ind icated th a t w hile enrollment w as remaining fa irly constan t in the various un its of the U n ivers ity , there had been an expansion of p lan t fa c ili t ie s a t the same time th a t the budget had been considerab ly lowered. ^ Also he ind ica ted an em phasis on h igher scho la rsh ip . Special em phasis in the un its w as being p laced on the development of b e tte r understanding betw een studen ts and facu lty and on more cooperation betw een depart­ m en ts, w ith g rea ter s tandard iza tion of work, making po ss ib le comparisons betw een departments and in s t i tu t io n s . This em phasis upon scho larsh ip and upon cooperation betw een the in s titu tio n s w as in fac t the g rea te s t contribution th a t C hancello r Brannon made to the U niversity sy stem . W hile Chancello r E llio tt had had concern for such m a tte rs , h is g rea tes t in te res t and ab ility had been in the a rea of o rgan ization and adm in istra tion . I. I . MINUTES, op . c l t . , p . 1013. 118 As the f irs t chancello r he had been exceed ing ly busy w ith such d e ta i l s , se tting precedents and build ing up a routine procedure for handling the great varie ty of problems th a t a rise in developing an in teg ra ted University system out of separa ted u n its . These p receden ts and routine procedures as worked out by Chancellor E llio tt s t i l l , w ith very l it t le ad ju stm en t, guide the everyday working of the University sy stem . Dr. Brannon, on the other hand, w ith h is more gen ia l p e rsonality and h is genuine ab ility to reconcile human d ifferences and varying points of v iew , w as w ell f itted to lead the system into a period of more ac tive cooperation betw een the in s titu tio n s , and to e ffec t e lim ination of a c tu a l dup lica tion of cu rricu la . A lso, w ith the d e ta ils of routine adm in istration w ell e s ta b lish ed , he could spend time on th a t part of the ch an ce llo r 's ta sk most agreeab le to him — the Improvement of scho la rsh ip , of teach ing s ta f f , and of cou rses of study . In fa c t , h is "REPORT, summarizing some of the achievem ents w ritten in to the h isto ry of the U niversity of Montana during the ten and a ha lf years of (his) adm in istra tion , is devoted alm ost en tire ly to th is phase of the ch ance llo r 's work. Seven of the ten major top ics th a t he d isc u sse s in th is REPORT dea l w ith one a sp ec t or another of th is type of se rv ice . I. I . Unpublished m anuscrip t, on f ile in the office of th e U niversity of M ontana. 119 New Institu tion — Eastern M ontana S tate Normal School Aside from th is ra ther in tang ib le development of scho la rsh ip , s tan d a rd s , and cooperation , the most important development in the Uni­ ve rs ity system during C hancello r Brannon's adm in istra tion w as the addition of two new in s titu tio n s to the U niversity system — Eastern M ontana State Normal School a t B illings, and Northern Montana College at Havre. Even in the early years of the S tate Normal School a t D illon , p ressu re began to bu ild up for the estab lishm en t of some form of teache r train ing on the e lem entary lev e l in the e a s te rn part of the s t a te . The p res­ sure of th is movement and the general fee ling tha t more teachers would be ava ilab le were such tra in ing po ss ib le in e a s te rn Montana w as behind much of the emphasis in the early annual reports of the Normal School, attempt­ ing to show a s ta te -w id e b a s is in i ts enrollment f ig u re s . The fight over conso lida tion , how ever, de layed any spec ific s tep s toward implementa­ tion of th is movement un til a fte r the estab lishm en t of the U niversity system in 1915. W ith the accep tance of the p rincip le of separa te in s titu tio n s in f a c t , though now in teg ra ted in to a form of adm in istrative un ity , the p res­ sure for more w idespread normal tra in ing , e sp ec ia lly in the a rea of rural teach ing , was renew ed. By 1917, p ressu re from the members of the Legis­ la ture was such th a t C hancello r E llio tt w as moved to report to the S tate Board of Education, a t i ts m eeting on January 23, 1917, th a t he w as "personally opposed to the estab lishm en t of th e se schoo ls un til the s ta te 120 had properly provided for the support o f ex isting in s t i tu t io n s .w* He did favor a sm all appropriation from the S ta te 's G eneral Fund for the support o f high school normal train ing cou rses w ith the "reserva tion th a t th e se cou rses should be under the superv ision of the S ta te Normal Schoo l." The Board concurred in h is recommendation and appoin ted a sp ec ia l committee "upon new normal schoo ls and teach e r tra in ing in high s c h o o ls ." The 1917 L eg isla tu re responded to th is p ressu re and to the counter-movement by the C hancello r and the S ta te Board of Education by passage of an a c t providing th a t normal train ing cou rses could be e s ta b - lish ed in one high school in each county . This h igh schoo l was to be designated by the S ta te Superintendent of Public In struc tion , w ith th e pro­ v iso th a t the high school having the " la rg e s t enrollment and b e s t equip­ ment in the county" m ust be s e le c te d . The a c t a lso provided for some reimbursement from s ta te funds and for an appropriation to be made each of the two years of the biennium . M eanwhile, train ing cou rse s , a t le a s t in the summer tim e, were being provided in a non -accred ited m anner, w ithout any d irec t ac tion or approval by the S ta te Board of Education. Such a program was th a t of the Rosebud Lake Summer School (sometimes referred to as the Rosebud Camp School) conducted for seve ra l summers by two Billings te a c h e rs , M iss Rosa D ell and M iss Vinnie Burton. The 1 1. MINUTES, op., c i t . , pp . 90-91 . 2 . SESSION LAWS OF 1917, pp . 505-506. 121 State Board of Education took cognizance of th is schoo l at i ts m eeting on June 15, 1917, w hen, after considerab le d iscu ss io n . Chancello r E llio tt prom ised to v is i t it during the summer of 1917.^" However, no in spec tion w as ac tua lly made by the C hance llo r, the la tte r excusing h is failu re on the b a s is th a t the "school w as giving no courses of co llege g rade . M eanwhile the Board had postponed action on the pe tition of Fergus County High School at Lewistown for perm ission to offer in the high school a nor­ mal train ing course extending two years beyond high schoo l g raduation . Their plan proposed to tra in ru ral schoo l te a c h e rs , granting sim ila r co llege cred it for equ ivalen t cou rses to c red its given by the U niversity sy stem , and certifica tion c red its for o ther c o u rse s . Likewise the p roposal in ­ cluded p lans for advanced work in te ach e r tra in ing to be given in summer schoo l a t Fergus County High School. By June 21, 1918, p ressu re for some action by the Board on th is Lewistown request had bu ilt up to such an ex ten t th a t the Board ac tu a lly took the p roposal under con sid e ra tio n ,^ but apparently no further ac tion w as forthcom ing. A high spot in the m eeting of th e S tate Board of Education on January 17, 1919, w as the d iscu ss io n of "numerous re q u e s ts" before the Board for the estab lishm en t of new normal schoo ls . Follow ing the heated 1 1. MINUTES, op . c i t . , pp . 158-159. 2. I b id . , I . 210. 3. I b id . , p . 339. 122 d iscu ss io n , a reso lu tion for the estab lishm en t of such schoo ls was de­ fea ted by a vote of five to three in a ro ll-c a ll v o te . 1 However, a t the same meeting the S tate Board did y ie ld a l it t le to the p re s su re , voting to request from the State Legislatu re th en in s e s s io n an amendment to the law p a ssed in 1917, so th a t normal tra in ing courses could be provided in two high schools in each county in s tead of only one as provided in the 1917 law . While the Legislature did not make th is change as requested , it w as reacting in i ts own way to the p ressu re for new normal schools from the c itizen s of e as te rn M ontana. Responding to the fac t th a t many b ills had been introduced in to the s e s s io n providing for schoo ls here and th e re , th e Legislature se t up a sp e c ia l jo in t committee to report on normal schoo ls This committee made i ts report on February 19, 1919, s ta ting th a t i t w as th e ir "opinion th a t many more normal schoo ls w ill be n ece ssa ry in order to provide teachers for the ch ild ren of our very rapid ly growing rural d is t r ic ts ." After pointing out th a t i t would be im possib le to e s tab lish normal schools at a ll of th e po in ts th a t had been sugges ted , the commit­ tee recommended th a t "five normal schoo ls be s ta r ted " a t the follow ing lo ca tion s: Terry, Lew istown, B illings, M a lta , and K alispell. W hile there w as not streng th enough behind th is movement to secu re enactm ent 123 1. MINUTES, op . c l t . , p . 439. 2 . I b id . , p . 445. 3 . HOUSE JOURNAL, 1919, p . 471. 123 of leg is la tio n providing for schoo ls a t a ll five p o in ts , there was su ffi­ c ien t strength to secure p a ssag e by vo tes of 60-26 in the H o u se ,1 and 26-8 in the Senate2 for the schoo l a t Terry. However, p a ssag e w as su f­ fic ien tly la te in the se ss io n so th a t the b ill reached the Governor a fte r adjournment, and i t was k illed by the la t te r 's "pocket v e to ." On December 6 , 1920, a considerab le part of the tim e of the meeting o f the S ta te Board of Education was occup ied w ith a d iscu ss io n of th is problem o f providing tra in ing fa c ili t ie s in eas te rn Montana for those w ishing to secu re an e lem entary teach ing c e r tif ic a te . Superintendent of Schools Ward Nye o f B illings p resen ted to the Board a plan for a one -year normal course in the high schoo l, follow ing the regu lar fou r-year co u rse , to be followed by one year in the S ta te Normal C o llege . G raduates of th is program would be given c red it a s i f th e ir en tire train ing had been g iven a t the S tate Normal C o llege . This p roposal w as referred to a sp ec ia l com­ m ittee for considera tion . In add ition , th e C hancello r p resen ted a p lan for summer schoo ls a t Lewistown and G lendive, to be offered a s Exten­ sion by the U n iversity sy s tem . The C hance llo r 's plan was referred to a sp ec ia l comm ittee, w ith power to a c t . ^ However, th is committee chose to refer th e ir recommendation back to the fu ll S ta te Board, which gave i ts 123 1. HOUSE JOURNAL, op . c i t . . p . 572. 2 . SENATE JOURNAL, 1919 , p . 4 64 . 3. MINUTES, op . c i t . . p . 696. 124 approval on April 4 , 1921, to the comm ittee 's p roposal th a t such summer « schools should be offered for the summer of 1921 on ly , w ith no ob liga tion beyond th a t d a te , and th a t M iles C ity and Terry should be included in the l is t of p laces for such s c h o o ls . 1 In 1922 the S tate Board a t firs t refused to grant perm ission for the opera tion of summer schools at Lew is- town and M iles C ity , giving as rea son for th e ir re fu sa l lack of finances due to reduction of in s titu tio n a l b udg e ts . However, a fte r conferring w ith the C hance llo r, the S tate Superintendent of Public In struc tion , and Presi­ dent D avis of the State Normal C o lleg e , Governor Dixon reversed h is stand aga in st such opera tion , providing the n ece ssa ry margin for approval o f the summer schoo ls as requested . R estric tion w as made on the amount ava ilab le from the U niversity for reimbursement of expenses by adding the proviso th a t the " to ta l s ta te expend itu re . . . cannot exceed on e -h a lf of the amount allowed for th is purpose la s t y ear. B illing s , a t the same tim e , w as granted perm ission to operate a summer schoo l under the d irec ­ tion and superv ision of the S tate Normal C o llege , but at no expense to the S ta te . At the S tate Board m eeting on December 5 , 1922, the su c ce ss of the Billings Summer School w as review ed by W illiam B. George of B illings, w ith the request th a t s ta te fin anc ia l support be granted to i t on 123 1. MINUTES, op . c i t . , p . 732. 2 . I b id . , p p . 880-881 . 3. I b id . , p . 859. 125 the same b a s is a s th a t given for M iles C ity and Lewistown. The Board granted th is reques t. * Summer schoo ls were again authorized in th e same communities in 1923, 1924, and 1925. In 1926 the summer schoo ls were re s tric ted to M iles C ity , B illings, and Lew istown. In 1927, Havre was added; thus the schoo ls were ava ilab le in four communities. At the m eet­ ing of the S tate Board of Education on July 11, 1927, the C hancello r re ­ ported th a t, w ith the imminent opening of the new s ta te normal school a t B illings, the need for reg ional summer schoo ls had p a s se d .^ M eanwhile, the p ressu re for another s ta te normal school — th is time to be loca ted in th e eas te rn part of the S ta te — had developed to such an ex ten t th a t the 1925 L eg isla tu re au thorized e s tab lishm en t o f a new nor­ mal school to be lo ca ted " e a s t o f the IlO th m e rid ia n ."3 In the b a ttle for estab lishm en t by the L egisla tu re a ll of the c it ie s in which summer schoo ls had been he ld , as w ell a s many o ther communities, were struggling to secure the new schoo l. To avoid a b a ttle royal over location and to ward off po litica l sk irm ishes In communities u n su ccess fu l in the q u e s t, the Legislature came up w ith a unique p lan , frequently referred to as the "Montana P la n ," the f irs t in s tan ce o f sc ien tif ic lo ca tion of an educa tional 4 in s titu tio n . This p lan c a lle d , a t th e option of the S ta te Board of Education, 1234 1. MINUTES, ojj). _ c it ., p . 953. 2. Ib id i , p . 1337. 3. SESSION LAWS OF MONTANA, 1925, C hapter 160, Section I . 4. Brannon, op . c i t . , p . 6 . (Quotation from John J . T igert, then U. S. Commissioner of Education .) 126 for the location and s ite of the new schoo l to be se le c ted by a commission of th re e , each one of whom would be head of an educa tiona l in s titu tio n loca ted ou tside of M ontana. ^ The S tate Board of Education w as in struc ted to decide at i ts Board meeting in July, 1926, w hether to p ick the s ite i t ­ se lf or to exerc ise the option as provided in the law . It w as further in ­ structed to designate the s ite by September I , 1 926 .2 At the S tate Board of Education meeting on December 17, 1925V follow ing rece ip t of a le tte r from W . M . Johnston of B illings, a former member of the Board, in which the Board's -responsib ility in th is m atter w as c a lled to th e ir a tten tio n , the Board took s tep s to secu re names of educa to rs who might serve on such a comm ission, should the Board decide to u se th is op tion . ^ However, by the tim e the S tate Board of Education met in July, 1926, strenuous ob jec tion had developed in the Board i ts e lf not only to the option method of se lec tio n of a lo ca tion and s i te , but even to the estab lishm en t of the school i ts e l f . This opposition w as of such streng th th a t a t f irs t the names of the proposed comm issioners were "p laced on f i le 1' and the A ttorney-General w as requested by the Governor to look in to the question as to w hether the State Board of Education had leg a l power to "veto" the estab lishm en t of the s c h o o l .4 O bjections to estab lishm en t were b ased on (I) the c o s t of the new schoo l, (2) the p o ss ib ility of a lap se 1234 1. SESSION IAWS OF 1925, C hapter 160, Section 6. 2. I b id . , Section 7. 3. MINUTES, op . c l t . , p . 1209. 4 . I b id . , pp . 1280-1281. 127 of the one and on e -h a lf m ill levy for support, (3) the s tra in on the other un its of the U niversity should a fifth unit be e s ta b lis h e d— particu la rly the s tra in on the Normal College b ecau se of the n e c e ss ity for d iv is ion of the income from the s ta te land g ran t, and (4) the add itional m ainten­ ance expense a fte r e s tab lishm en t. Arguments in favor of estab lishm en t were (I) the lack of any s ta te educa tional in s titu tio n e a s t of the IlO th m erid ian , (2) the need for the schoo l as shown by the large enrollment in th e three reg ional summer sch oo ls , (3) th e lack of "veto" power by the State Board of Education in regard to e s tab lishm en t, s in ce the la tte r was a defin ite ac t by the L eg isla tu re , (4) the improving fin anc ia l future of the S ta te , w ith p rac tic a l a ssu rance th a t no educa tional in s titu tio n would be c lo sed for lack of fu n d s , and (5) the lack of p rac tic a lly any opposition for the b ill in e ith e r house in the L eg isla tu re . ^ After vigorous d iscu ss io n of th ese argum ents, the Board reversed i ts e a rlie r ac tions and voted to ap­ point the three p res id en ts — George N . Black of the W ashington S tate Normal School a t E llensburg , C . H. F isher of the W ashington S tate Normal School a t Bellingham , and Frank E. Baker of the M ilw aukee, W iscon sin , State Normal School — as a Commission of three as se t by law to choose O a location and a s i te . 12 1. MINUTES, op . c i t . , pp . 1280-1281. 2 . I b id . . p . 1283. 128 For financing the work of the Commission the Legislature had a lso worked out a p lan to avoid expense to the State — th a t of providing th a t the expenses of the Commission should "be borne by the c ity or town where sa id normal school is lo ca ted . " The S tate Board of Education , th e re fo re , required th a t each con te s tan t for loca tion should po st a certified check for $2,500 by July 15, 1926. The checks of the u n su ccess fu l con te s tan ts would be returned; and any su rp lu s , if the en tire amount should not be needed , would be returned to the su cce ss fu l co n te s tan t. ^ The Commission organised a t G lendive on July 23 , 1926, making out an itin e ra ry for in sp ec ­ tion th a t included the follow ing c i t i e s ; G lendive, M iles C ity , Forsyth , B illings, Roundup, Lew istown, G reat F a lls , C u lbertson , Wolf Point, G las­ gow, and Havre. The v is ita tio n s c lo sed a t Havre on August 4 . Sidney a lso w ished to be included as a c o n te s tan t, but i ts request w as rece ived too la te to be c o n s id e re d .^ At each point the Commission met w ith the respec tive Chamber of Commerce comm ittee, considered leg a l b riefs filed w ith i t , gave opportunity for an open hearing , and from time to time met in execu tive se s s io n to d iscu ss a p p lic a tio n s . After the c lo se of the v is i ta ­ tion s the Commission went to G reat F a l ls , remaining there in execu tive se ss io n un til August 8 , 1926. ^ By unanimous vote on August 7 , the 123 1. MINUTES, op . Cit. , p . 1283. 2. THE MONTANA PLAN, pp . 5 -6 . (Pamphlet pub lished by the Billings Commercial C lub .) 3. I b id . , p . 6 . 129 Commission se lec ted Billings for the loca tion of the new normal schoo l, and se lec ted fifty -tw o acres on the ou tsk irts of the c ity a s i ts s i t e . 1 At the m eeting of the S tate Board of Education on September 20, 1926, the sea led report o f the S tate Normal School Commission w as opened , revealing B illings as the chosen c ity as s ta ted above. Following the rep o rt, the rep resen ta tiv es of the various loca tions were given opportunity to p re­ sen t arguments for or ag a in st adoption of the re p o r t .^ M ajor opposition to the report came from the Havre rep re sen ta tiv e s , who m aintained th a t for years " in ju s tice had been done the northern part of the s t a t e . . . in the m atter of location of s ta te in s t i tu t io n s . " They claim ed th a t ha lf of the population of the s ta te lived north of a line drawn e a s t and w est through M issou la . They fe lt th a t the lim ited tim e given the Commission in which to work did not permit ju s t considera tion of northern M ontana. In line w ith th is position a member of the Board friendly to the Havre point of view made a motion to d isregard the report of the Commission and to e s ta b ­ lis h the new normal schoo l north of a line drawn e a s t and w est through the middle part of the s t a te . B illings rep re sen ta tiv e s then exp re ssed hope th a t the Board, re ­ cognizing the sc ien tif ic method used by the Comm ission, would follow the 12 1. THE MONTANA PLAN, o p . c l t . , pp . 9 -10 . (Complete report of the Com­ m ission on pages 9 -2 2 .) 2. MINUTES, op . c l t . , pp. 1284-1287. 130 report. They rem inded the Board th a t each contending community had put up in good fa ith $2,500 for the expenses of the Commission, fee ling sure th a t i t would ac t w ithout b ia s or p re jud ice , and th a t the cho ice would be made for the b e s t in te re s ts of the s ta te . They em phasized th a t they had . been in struc ted by the B illings community to accep t the d ec is ion of the Commission, w hatever it m ight prove to b e . Furthermore, they pointed out th a t a c irc le drawn w ith in a 100-m ile rad ius w ith B illings as a cen ter had g rea ter population than any o ther sim ilar area in the s ta te . The motion to e s tab lish the school north of an e a s t-w e s t line w as lo s t . R epresen tatives of the S tate Normal College a t D illon now en­ te red into the d isc u ss io n , implying th a t there w as in su ffic ien t demand for another normal school and th a t such e s tab lishm en t, requiring more b u ild ing s , equipm ent, e t c . , would prove too co s tly for ju stifiab le s ta te support, e sp ec ia lly since the ex is ten ce of such a schoo l would probably re su lt in the failure of the D illon in s titu tio n to function to cap ac ity . In response the Billings rep re sen ta tiv e s exp re ssed hope th a t the need for both in s titu tion s would be proved and th a t "there would be no hard fe e l­ ings betw een B illings and D illon . " The S tate Board thereupon proceeded to accep t the report of the Comm ission, e s tab lish in g B illings as the lo ca ­ tion of the new normal schoo l, and accep ting as a s ite a gift of approxi­ m ately 52 ac res there as recommended by the Normal School Commission. ^I. I . MINUTES, op . c l t . . p . 1286. 131 At the December 6, 1926, m eeting of the S tate Board of Education an attempt was made by the c itiz en s of Culbertson to force a de lay in the estab lishm en t of the new normal schoo l. These c itiz en s p resen ted a le t ­ te r to the State Board, offering a s ite for the new schoo l and advising th a t no action could be taken un til i t is know what the Legislature w ill do re la tive to the proposed s ta te normal school a t B ill in g s ." At th is same meeting the C hancello r poin ted out th a t the new normal schoo l had not been made a constituen t part of the U niversity of M ontana and th a t such action could be taken only by the S tate L eg isla tu re . ^ During d iscu ss io n of th ese poin ts serious opposition on th e part of some Board members to the pro­ posed normal school w as in ev id ence . This opposition w as in ten sified by the appearance of S ena to r-e lec t E rnest T. Eaton of B illings before the Board to urge early ac tion in regard to routine fo rm alities by the Board in order to fu lfill the leg a l needs of e s tab lishm en t. W hile such opposition w as openly b ased on the fin anc ia l burden th a t would be imposed upon the s ta te , i t w as a lso due to some ex ten t to the leadersh ip of those who were in sympathy w ith the communities which were un successfu l in th e ir b id for the new normal schoo l. In answ er to th is opposition it w as poin ted out again th a t the b ill for estab lishm en t w as p a ssed almost unanimously in the House and th a t only th irteen vo tes were c a s t ag a in st i t in the Senate . Furthermore, I. I . MINUTES, op . c i t . , p . 1286. 132 It w as brought out th a t the current system of h igher educa tion w as "a l it t le lopsided and unfair to te a ch e r train ing departm ents " in th a t it more than met the needs of the s ta te in educating for journalism , law , phar­ m acy, e t c . , — areas in which graduates had to leave the s ta te to secure jobs — while in e lem entary educa tion "we need more tra ined teache rs but do not tra in them . " As a f in a l re su lt of a ll of th is d isc u ss io n , the Chan­ ce llo r w as authorized to "appear before the appropriations committees of the Legislature for the exp ress purpose of forwarding the in te re s ts of E astern Montana Normal School. The 1927 Legislature not only remedied i ts previous oversigh t in fa iling to include the new normal schoo l as a part of the University of 2 Montana, but a lso included the schoo l in the regu lar app rop ria tions. On July 5 , 1927, the S tate Board of Education p a ssed a reso lu tion providing th a t a ll previous ac tions of the S tate Board of Education of general char­ a c te r , not app licab le so le ly to a sp ec if ic u n it, w ere a lso app licab le to Eastern M ontana State Normal Schoo l. ^ Thus leg a lly and formally th is unit w as incorporated in to th e U n iversity system as i ts fifth in s titu tio n . In i ts early years frequent reference w as made to i ts sp e c ia l function as th a t of preparing ru ral te a c h e r s . , This re s tric tio n has no background in 1 1. MINUTES, op . c i t . , pp . 1308-1309. 2. SESSION LAWS OF 1927, p . 8 . 3 . MINUTES, op . c i t . , pp . 1361-1362. 133 law , as the act of estab lishm en t sp ec if ie s its functions as "primarily for the in struction and tra in ing of teach e rs for the public schoo ls of the S tate of M ontana. m1 However, i t is true that the prelim inary p ressu re lead ing up to i ts estab lishm en t came from the need for teach e rs in e as te rn Montana — large ly in the ru ral a re a s . It w as th is s itu a tio n th a t had forced the development of the reg ional summer s c h o o ls , the experiments w ith post-h igh school normal tra in ing , and fina lly the 1925 Legislative ac tion in creating the new normal schoo l a t B illing s. Furthermore, in the debate in the Legislature over the b ill of e s tab lishm en t, much w as made of the need for the tra in ing of ru ral te ach e rs in M ontana. In add ition , at the m eeting of the S tate Board of Education on December 2 , 1929, Chan­ ce llo r Brannon, in response to a q u es tio n , ind ica ted th a t the train ing ava ilab le a t B illings d iffered from th a t ava ilab le a t D illon in th a t "Dillon prepared teach e rs more e sp ec ia lly for grade and high schoo ls , while B illings p laced the g rea te r accen t on the needs of rural schoo ls . Thus developed the fee ling th a t th e tra in ing of rural teache rs was the primary function of the B illings in s titu tio n . New In s t i tu t io n— Northern M ontana College As has been ind ica ted the source of p ressu re for the estab lishm en t 1 1. SESSION LAWS OF 1925, Chapter 160, Section 2. 2. MINUTES, op. c l t . , p . 1570. 134 of Eastern M ontana S tate Normal School Is fa irly e a sy to tra c e . Such is not the ca se in regard to the background for the e s tab lishm en t of Northern Montana C o llege . Apparently th is movement w as a t f irs t la rge ly the re­ su lt of two fac to rs: p o litic a l p ressu re from the e a s te rn sec tion of the s ta te for at le a s t one educa tional in s titu tio n in th a t rap id ly growing se c tio n , and second ly , expediency as a re su lt of the w ish of the federal government to rid i ts e l f of the s ite and rap id ly deterio ra ting bu ild ings of old Fort A ssinniboine near H avre. As a re su lt of th is la tte r s itu a tio n there w as in 1913 a b ill pending in Congress for tran sfe r to M ontana the land and bu ild ­ ings a t th is Fort a t $2 .50 an a c re , provided the S tate would agree to e s ta b ­ l is h and m aintain an ag ricu ltu ra l, manual tra in in g , or o ther educational or public in s titu tio n . Accordingly, the 1913 Legislature p a ssed an Act, e s tab lish in g the Northern M ontana Agricultural and M anual Training School I and an agricu ltu ral experim ental su b -s ta t io n a t Fort A ssinn ibo ine . At the same time it au thorized the Agricultural College a t Bozeman to operate th is su b -s ta tio n . Having proceeded to sa tis fy p o litic a l expediency in th is m anner, the L egislature calm ly fa iled to appropriate any funds w ith which to operate the new schoo l. In the same manner the S tate Board of Education fa iled to se e any reason for appointment of a lo ca l execu tive board for the schoo l as provided in the 1913 leg is la tio n , s ince w ith no I. I . SESSION LAWS OF 1913, pp . 131-134. 135 funds w ith which to o p e ra te , there would be nothing for the board to do . Apparently no sp e c ia l further p ressu re developed un til the time of the State Board of Education meeting on December 6 , 1915. At th is meeting the Board rece ived a communication from the b u s in e ss men of H avre , suggesting the appointment of certa in men as members of the schoo l's execu tive board . The communication, rece ived early in the m eet- ing , w as referred to the A ttorney-General for leg a l adv ice . The Board, reconvening in the even ing , apparen tly found a way to s id e -s te p the i s s u e , for they sen t back to the b u s in e ss men a suggestion th a t the l is t be re­ v ised to meet the conditions of the 1913 le g is la tio n , whereby only two members were to be appointed to th is lo ca l board , the th ird being the principal of the schoo l, e x -o ff ic io . ^ No further ac tion appears in the m inutes of the S tate Board of Education un til la te in 1916. However, the 1915 Legislature did take s tep s to cooperate w ith recen t ac t of Congress in regard to vocationa l educa tion . It p a ssed an Act accep ting the term s of the Act of Congress concerning vocationa l educa tion , and pledging the s ta te to provide cooperation w ith th e fede ra l program of promotion of edu­ ca tion in agriculture and in trades and in d u s tr ie s . It a lso pledged s ta te cooperation in the p reparation of teach e rs of vocationa l su b je c ts , and 1 1. MINUTES, op . c l t . , p . 6 . 2 . I b id . , p . 8 . 136 agreed to appropriate money for th e same and to regu la te expend itu res . Control and superv ision of th is program i t p laced under th e S ta te Board of Education. * W hile the new schoo l au thorized in 1913 to be loca ted a t Fort A ssinniboine was not mentioned in the le g is la tio n , there i s no doubt tha t th e in ten t of the L egislatu re w as th a t th is new program in vocationa l education was to build in some m easure around w hatever program was fina lly in s titu ted in the schoo l a t Fort A ssinniboine. In any c a s e , by the time of the meeting of the S ta te Board of Education on December 22, 1916, su ffic ien t p ressu re for action of some kind had bu ilt up so th a t the Board vo ted to g ive "considera tion" to the report of an a rch itec t from H elena — George C arsley — regarding needed expenditures of "approxim ately $181,000 in order to put th e se build ings (at Fort Assinniboine) in to proper condition for the conduct of a secondary industria l sch o o l." I t a lso voted to consider recommendations for oper­ ating funds for the schoo l in the group recommendations a s made to the 1917 Legislature for support o f educa tional in s titu tio n s . Apparently no leg is la tio n followed in 1917 th e se prom ises "to co n s id e r ." However, ano ther p o ss ib le source of revenue for operating expenses of the schoo l seem ed to develop ou t o f th e prov isions of federal a id to the s ta te s for vocationa l educa tion , for a t the S ta te Board meeting on 1 1. SESSION LAWS OF 1915, pp . 173-174. 2 . MINUTES, 0£ . j c i t . , p . 70. 137 June 15, 1917, the Chancello r w as Instructed to make a personal Inquiry in to the fe a s ib ility of organizing and opening the schoo l on the b a s is of such funds. Special considera tion w as ordered given to the p o ss ib ility , f i r s t , of n ecessa ry a lte ra tion s and repa irs on the build ings a t Fort A ssinn i- b o in e , and second , of the p o ss ib ility of duplication of a c tiv itie s betw een the courses offered by the ex is tin g Agricultural College at Bozeman and those to be e s tab lish ed in accordance w ith the newly ava ilab le federal funds for vocational educa tion . Inquiry a lso w as to be made in to the e ffect of po ss ib le d istu rbance of educa tiona l work by World W ar I. * The ne t re ­ su lt of th is ag ita tion w as the d ec is io n at th e S tate Board of Education meeting on December 3 , 1917, to take the follow ing a c tio n s ;^ 1. Reestimate the co s t of repairing bu ild ings at no expense to the s ta te 2. If a way could be found for "econom ical and usab le opera tion , make ava ilab le $10,000 for 1918-1919 3. Request from the 1919 Legislature an add itional sum of $2,500 for each year of the biennium for purchase of liv e s to ck for the North M ontana Experimental Sub- S tation W ith s t i l l no ac tion forthcoming for the ac tiv a tion of the schoo l, the Chancello r, a t the S tate Board of Education m eeting on January 17, 1919, recommended th a t an appropriation of $75,000 per year be requested of the Legislature th en in se s s io n so th a t the purpose of the 1913 law might be 1 1. MINUTES, op . c i t . , p . 138. 2. I b id . , p p . 211-213. 138 carried out — or, if no appropriation w as to be m ade , th a t the leg is la tu re be requested to take appropriate ac tion regarding the future of the sa id Northern M ontana Agricultural and M anual Training School. Like a ll of the previous m oves, th is one likew ise w as doomed to f a i l , for the Board promptly tab led the recommendation. * By th is time the p ressure for the ac tiv a tion of the school a t Fort A ssinniboine had become involved in the movement for estab lishm en t of a new normal school e a s t of the 110° m eridian. The c itizen s of the Havre area were more in te re s ted in the p o ss ib ility of securing a normal schoo l for th e ir lo ca lity than they were in the ac tiva tion of a school whose primary ob jec tive would be in the fie ld of vocational educa tion . Thus th ey read ily jo ined forces w ith those in eas te rn M ontana who were en e rg e tica lly pushing forward the id ea th a t a new school should be e s tab lish ed in eas te rn M ontana primarily on the b a s is of a c c e s s ib il i ty . As poin ted out la te r by the then C hancello r Brannon, i t w as e a s ie r in 1922 for s tuden ts in northern and eas te rn Mon­ tan a to trav e l to the U niversity of M inneso ta , s ix hundred m iles to the O e a s t , than it w as to reach the n ea re s t unit of th e U niversity of M ontana. W hile the S tate did provide for some reimbursement of c o s t , th is did not "compensate adequate ly for the lo s s of tim e , the inconvenience of a c ircu itous jou rney , and the fa tigue of trave ling from remote p o in ts ." So 1 1. MINUTES, op . c l t . , p . 442. 2 . Brannon, op . c l t . , p . 5. 139 while the b a ttle w as in p rogress for the estab lishm en t of a new normal schoo l, w ith the p o ss ib ility th a t the la tte r might be lo ca ted in Havre, the c itizen s of th a t area were not in te re s ted in exerting p ressu re for the activa tion of the school a t Fort A ssinn ibo ine . Obviously i f th is la tte r school should be ac tiv a ted , a ll chance for securing the new normal school would be lo s t . For th is rea son , la rge ly tha t of p o litic a l expediency , the c itizen s of northern M ontana jo ined fo rces w ith th o se from easte rn Montana in promoting in the 1925 L eg isla tu re the so -c a lle d "Montana Plan" for the estab lishm ent of a new normal school e a s t of the 110° m erid ian . * This same 1925 L eg isla tu re made amendments to the 1913 law th a t had o rig ina lly provided for a schoo l a t Fort As sinn ibo in e . The amend­ ments provided for a new execu tive board for the school which should con­ s i s t of two res id en ts from H ill County and the C hancello r, ex -o ffic io . This new lo ca l board w as to a c t a s a comm ission to in v es tig a te the po s­ s ib ilit ie s of d isp o sa l of the Fort As sinn ibo ine property, should i t no t be needed for the conduct of a schoo l a s contemplated in 1913. I t w as to have fu ll p o sse ss io n of th e property th e re , excep t such as m ight be needed for the operation of the ag ricu ltu ra l su b -s ta tio n , to account for the property, and to s e l l or d ispo se of i t i f such ac tion w as needed to p revent further deterio ra tion of the bu ild ing s. In addition i t was to study the needs for a I. I . C f. an te , pp. 125-129. 140 school as o rig inally con tem plated , and w as in stru c ted to report back to th e 1927 Legislative Assembly. * W hile no formal report w as apparently made in 1927, th a t Legislature did make two changes in the b a s ic law in regard to the schoo l. The f irs t of th e se w as a provision th a t in the lo ca l executive board the C hancello r should serve on ly un til such time as a p residen t should be appointed; then the la tte r would become the ex -o ffic io member. This provision w as a defin ite recogn ition by the Legislature of O p lan s for even tual ac tiva tion of the schoo l. The second change w as rea lly one of major im portance , for i t w as a change in the provision in regard to loca tion and read as fo llow s:^ Any academ ic department or departm ents of sa id school which do not of n e c e s s ity or for reasonab le convenience need to be loca ted on the prem ises or grounds of sa id schoo l at the Fort A sslnnlboine M ilita ry Reservation may be loca ted by the executive board and S tate Board of Education w ith in or ad jacen t to the sa id c ity of H avre, H ill County , M ontana. M eanwhile , s ince th e sp e c ia l Normal School Commission had re­ ported in favor of loca ting the new normal schoo l in B illings, Chancellor Brannon, a t the S tate Board of Education meeting on December 6 , 1926, had urged the c itiz en s of Havre to forget th e ir desire for th e normal schoo l and to cen ter th e ir efforts on "improving the s ta tio n they a lready had . " 1 1. SESSION LAWS OF 1925, pp . 86 -89 . 2 . SESSION LAWS OF 1927, p . 239. 3 . Ibid. , p . 240. He a lso urged the members of the S tate Board of Education to jo in in th is e ffo rt, s ta ting h is strong conviction th a t "if some recogn ition is not g iven northern and eas te rn M ontana in the next L eg isla tu re , d ragon 's te e th w ill be sown for s ta te in s titu tio n a l support. ttl Some effec t seemed to follow th is admonition by the C hancello r, though the record ind ica te s th a t the c itizen s of Havre were s t i l l primarily in te re s ted in securing some form of normal tra in ing for th e ir a re a . In promotion of th is form of educa­ tion th ey provided in 1927 for a summer s e s s io n a t H avre, w ithout s ta te support, for the tra in ing of e lem entary teach e rs ; but p lans were made so la te in the season tha t a ttendance w as low . Later perm ission w as granted for a sim ilar summer s e s s io n in 1928, but th is s e s s io n w as to receive s ta te support in the same manner as th a t provided for the o ther reg ional summer schoo ls . It w as a lso provided th a t the se s s io n might be given e ith e r a t Fort A ssinniboine or in the c ity of H avre. In add ition , as w as the case w ith the o ther reg ional summer sc h o o ls , th is one w as to be under the supervision of the S tate Normal College at D illon , w ith the proviso th a t a ll "cred its earned w ill be recogn ized by o ther un its of the G reater U niversity of M ontana. Made more confident by th is su c c e ss in gain­ ing p a rtia l recognition a t le a s t from the S tate Board of Education in th e ir attem pt to secure normal tra in ing in the Havre a re a , a d e lega tion from 12 141 1. MINUTES, op . c l t . , p . 1309A. 2 . I b id . , p . 1388. 142 th a t c ity a ttended the sp ec ia l S ta te Board of Education meeting on Novem­ ber 10, 192 8, p ressing for ac tion by th e S ta te Board, a s fo llow s:1 1. Acceptance of a s i te as offered by the c ity o f Havre for the schoo l au thorized in 1913 2. Authorization of work for th e Northern unit^ providing for the f irs t two years of general co llege work plus te ach e r train ing 3. P reparation of an estim ated budget for le g is la tiv e ap ­ propriation On defin ite questioning by members of th e S tate Board, the delegation s tre ssed th a t the plan for a schoo l in Havre, w ith only th e experimental su b -s ta tio n to be lo ca ted a t Fort A ssinn ibo ine . When d iscu ss io n in the Board developed doubt th a t ava ilab le funds could leg a lly be u sed to sup ­ port the Havre program, the S ta te Board voted th a t i t w as "not adv isab le to accep t the offer of a s i te a t Havre for the Northern Montana Agricultur- a l and Manual Training S choo l." However, in the S ta te Board meeting held on April I , 1929, a fte r th e c lo se o f the L eg isla tive s e s s io n , p re s ­ sure was again exerted by another Havre de lega tion , th is time including in the eight-m an group four sena to rs and two rep re sen ta tiv e s from the Havre a rea . This de legation s tre s se d th ree fac to rs in support o f i ts re ­ quest for the opening of the schoo l in Havre: I . In c reased population in Northern M ontana 123 1. MINUTES, p £ ._ c i t . , p . 1473. 2 . SESSION LAWS OF 1927, p . 8. (This schoo l w as made a un it in the University of Montana by the 1927 L eg isla tu re .) 3 . MINUTES, op. c i t . . p . 1479. 2. D istance of the a rea from other co lleg es in the s ta te 3. Need for a co llege in northern M ontana Yielding to th is p re s su re , the S tate Board reversed i ts s tand and voted to loca te the co llege a t H avre, as in tended by the L egislatu re in making the appropriation. Since there were no co lleg e—owned bu ild ings in H avre , the Board accep ted the offer of School D is tric t #16 in Havre for u se of some of i ts bu ild ing s. Summer schoo l tra in ing in teach e r educa tion w as a lso a l­ lowed, provided it w as financed w ithout expense to the s t a t e .1 In 1931 the name of the school w as changed to Northern Montana C o lleg e . ^ In April, 1935, the S tate Board of Education granted the schoo l perm ission to grant the tw o-year c e rtif ic a te in e lem entary educa tio n .^ The long struggle to secure an o ffic ia l program of s ta te -su ppo rted normal tra in ing for the northern area of M ontana w as over. Friction and Downfall In h is 1932 a rtic le about the M ontana system of higher educa tion . D r. Brannon poin ts out four fac to rs a s e s s e n t ia l to i ts s u c c e s s ;1 234 1 . A po licy of adm inistrative "hands off" in the Legislature 2 . D elegation of au thority to educa tional experts by the Board of Education — the la tte r being m ainly concerned w ith finance 143 1. MINUTES, 0£_. c i t . , p . 1487-1488. 2. I b id . , p . 1732. 3 . I b id . , p . 2275. 4 . Brannon, op . c i t . , p . 6. 144 3. E n thusiastic and sym pathetic support of facu ltie s 4 . C lear and cord ia l cooperation upon the part of the adm inistrative heads of the ind iv idual in s titu tio n s During the E llio tt regime and throughout the early years of the Brannon ad­ m in istra tion th ese four fac to rs rece ived support in a ll of the major is su e s affecting the U niversity sy stem . However, as the years p a s se d , and more and more ten s ion s developed — e sp ec ia lly during the struggle over the estab lishm en t of E astern M ontana S tate Normal School and Northern Mon­ tana College — Dr. Brannon w as more and more sub jec ted to c ritic ism , much of it un fair, but n eve rth e le ss d isconce rting . Undoubtedly th is long strugg le , w ith a ll of the strong fee ling s aroused pro and con , the man­ euvering for p o sitio n , the use of p o litic a l exped iency , and the o ther fac to rs invo lved , contributed to the adverse c ritic ism of the C hancello r. Then, too , fin anc ia l problems of th e S tate w ere particu la rly acute in the la te r years of h is adm in istra tion , a s years of drought and fin a lly the early s tag es of the g rea t d ep ress ion took th e ir to ll in M ontana. In add ition , a s the years p a ssed by , the rea son s for the founding of the sy stem , the b ick ­ ering and in -figh ting among the in s t i tu t io n s , the trend toward more and more dup lica tion , the b ienn ia l s trugg les in the Legislature for larger shares of the appropriations for h igher educa tion — a ll of th e se faded in memory. M oreover, the very personality of the C hance llo r, h is g en ia l approach and h is o ccasiona l h e s itan cy to speak out w ith conv ic tion , or to ac t vigor­ ously in moments of s t r e s s , w h ile an a s s e t in normal t im es , became a 145 liab ility as the econom ic conditions worsened and p o litic a l schem ing con­ sequently became more a c tiv e . Be th a t as it m ay, in the la te tw en ties there began to appear "straw s in the w ind" to ind ica te generation of fric ­ tion and consequent lo ss of support for h is adm in istra tion . Much of th is sw ing away from the C hancello r began during the long and at tim es b itte r struggle over the e s tab lishm en t o f the new normal schoo l for the eas te rn end of the s ta te . During th is struggle the proponents both a t B illings and at Havre — the two lead ing con tenders for the lo ca tion — became con­ vinced of the C hance llo r 's in s in ce r ity , * each fee ling th a t a t c ritic a l tim es in the struggle th ey were prom ised h is suppo rt, only to find tha t when the "ch ips were down" the prom ised support had evapora ted . The Havre a re a , e sp e c ia lly , con tinued to be re sen tfu l, a fte r lo sing the fight for the normal schoo l lo ca tio n , i t s major in te r e s t , and being forced to accep t the voca tiona l-type schoo l, in which i t had l i t t le rea l in te re s t. ^ Part of th is resen tm ent came to the su rface in 1933 when the Havre delegation forced a rev is io n of the ten ta tiv e U niversity budget so a s to 1 1. There is no a c tu a l ev idence th a t th is is co rrec t. It w as probably due to the C hance llo r 's hab it of apparen tly agreeing w ith whomever he w as ta lk in g , but never ac tu a lly committing h im self on an is s u e . 2 . It is In teresting to note th a t soon a fte r the "d ism issa l" of the Chan­ ce llo r, Northern M ontana College "worked" the S tate Board of Educa­ tion for perm ission to give normal tra in ing , now the curriculum en­ ro lling the la rg e s t number of s tu d e n ts . 3 . C f. p o s t, p . 197. 146 give more money to Northern M ontana College — a move strenuously op­ posed by the C hance llo r. Throughout the fin anc ia l s tre s s of the la te tw en ties and the ea rly th ir tie s the S tate Board of Education refused to follow the C hance llo r 's le ad e rsh ip , w hether i t w as concerned to reform of accounting procedures a t the S tate U niversity at M isso u la , requests to the Legislature for supplem entation of the inadequate m ill levy income by tapping the G eneral Fund, or simply the provision of adequate budgets w ith which to operate w ith in leg is la tiv e app ropria tions. * By April, 1931, the note in regard to further appointments to the various facu ltie s which in the p a s t had defin ite ly been a respon sib ility of the Chancellor in interim periods betw een Board m eetings w as re s tr ic ted by the phrase "sub jec t to the approval of the S tate Board of Education . When the C hancello r, a t the S tate Board meeting on July 30 , 1931, poin ted out th a t th is re s tric tio n would prevent him from making appointments to f i l l unexpected v a c a n c ie s , the Board authorized appointments "by the Chancellor and the P residen t of the un it of the U niversity of Montana a ffec ted . " Again it had been normal to grant routine interim power to the Chancello r in th e question of a ll routine a ffa irs th a t might a rise between Board m ee tings. Yet in January, 1932, the Board changed th is 123 1. C f. p o s t , p p . 197-198. 2. MINUTES, op . c l t . , p . 1716. 3. Ib id . , p . 1739. 147 to read . C hance llo r, in cooperation w ith the heads of th e respec tiv e u n i ts . " 1 In o ther w o rd s, more and more the S tate Board of Education w as i ts e lf departing from one of the major ten e ts of the in teg ra ted system — th a t of concentra tion of con tro l, under the Board, in the person of the C hancello r. More and more the trend w as to bring the p res iden ts of the various un its in to d irect con tac t w ith the Board, re -c rea tin g one of the major problems sought to be e ra sed by the inauguration of the U niversity system — tha t of in -figh ting by the p res iden ts to secure from the Board accep tance of w hatever p lan w as proposed for th e ir p a rticu la r u n it, re ­ ga rd less of how it a ffected the o ther un its of th e system . C ritic ism of the C hancello r a lso ex tended to the L eg isla tu re , where by 1933 it had become so v iru len t th a t a b ill abo lish ing the Chan­ ce llo rsh ip sy stem , in troduced in to the S ena te , p a ssed bo th houses of the Legislature by comfortable m arg in s. Thus aga in , as in 1915, when it took a veto by the then Governor Stewart to save the system even before i t had begun to op e ra te , so now i t w as only the veto of Governor E rickson th a t saved the system afte r e igh teen years of su c ce ss fu l o p e ra tio n .^ In­ fluencing th is veto m essage w as the strenuous effort of tho se who were convinced of the b enefits to the s ta te of the in teg ra ted system of higher 12 1. MINUTES, op . c l t . , p . 1943. 2. SENATE JOURNAL, 23rd L eg isla tive Assembly of the S tate of M ontana, (1933), p p . 429-431. 148 education . E spec ia lly In fluen tia l w ith the Governor w as th e le t te r from Dr. James M . Ham ilton, a t th a t tim e Dean of M en a t M ontana State C o lleg e . Active in the o rig inal b a ttle for the estab lishm en t of the in s t i ­ tu tions of h igher educa tion in 1893, Ham ilton had continued for e ight years as superin tendent of schoo ls a t M issou la and member of the S tate Board of Education. In 1901 he re tired a s superin tenden t of schoo ls to become p ro fessor of h is to ry and econom ics and v ic e -p re s id en t of the U niversity a t M isso u la . In 1904 he w as appoin ted p res iden t of the Agricultural College a t Bozeman, a po sition th a t he held for fifteen y e a r s , e leven of w hich had been in a period before the beginning of the in teg rated system of the U niversity of M ontana in 1915. H is co un se l, th e re fo re , w as very accep tab le to the Governor a s th a t of a rea l expert in the evalu ­ a tion of the problems of h igher education in M ontana. In f a c t , the Governor, in h is ve to m essag e , quoted a t leng th from th is le tte r of Dr. Ham ilton. Before making th e se quo tations the Governor ably summarized in five poin ts the major cond itions found in the in s titu tio n s before the inauguration of the C hance llo rsh ip system in 1915:1 1 . No cooperation or coordination on the part of the te a ch ­ ing u n its . 2 . Operation on a competitive b a s i s . 3 . U nnecessary dup lica tion of cu rricu la . I . SENATE JOURNAL, 1 933 , o p . c i t . , p . 4 29 . 149 4. Je a lo u s ie s , d isco rd s , b ickerings among the in s t i tu ­ tio n s . 5 . At every se s s io n of the L eg isla tu re , undignified and unbecoming lobbying for appropria tions, not only by heads of the in s titu tio n s but a lso by s tuden ts and members of the communities in which the in s titu tio n s were lo ca ted . He then quoted from Dean H am ilton 's le tte r ind ica ting th a t by 1915 the I situa tion was such th a t there was a con s tan t strugg le to add cou rses o f study a t the in s titu tio n s which re su lted in much dup lication and w aste of the s ta te 's money. There was always b itte r riva lry and com­ pe tition . Because of th is s itu a tion Dr. Hamilton had resigned in 1915 as p residen t of the Agricultural C o llege , bu t w as persuaded to continue for a period of time in order to a id C hance llo r E llio tt to o rganize the in teg ra ted system . He did remain for four years a s p res id en t, and thus in 1933 was ab le to speak out of ac tu a l experience under both sy s tem s, a s fo llow s:1 2 The new law c rea ted an en tire ly new c o n d itio n .. . M ost o f the dup lica tions o f study d isappea red , the lobbying by the P residen ts in the L egisla tu re was stopped , th e b itte rn e ss and h o s tili ty among th e in s titu tio n s have p a ssed away. Good fellow ship and th e sp ir it o f cooperation now mark the d e a l­ ing of the s tuden ts and facu ltie s w ith one ano ther. The Governor then c lo sed h is veto m essage w ith an a tta ck on the prem ise th a t abolishm ent o f th e C hancello rsh ip system was n ece ssa ry under the gu ise of economy. Here he pointed ou t th a t w hether th e p resen t system 1. SENATE JOURNAL, 0£ . c i t . , p. 429. 2. Ib id . 150 was re ta ined or n o t, there would be no difference in appropriations and a lso tha t the sa la ry of the C hancello r had been saved many tim es "in the unified and orderly adm in istra tion of the affa irs of the U niversity by pre­ venting duplications and general ch ao s . Before a ll of th is maneuvering in the L eg isla tu re , Chancello r Brannon had subm itted h is re s ign a tio n , hoping thereby to save the s itu a ­ tion and to pave the way for the appointment of a new man who might be more accep tab le to th e members o f the Legislature as w ell as to the State Board of Education . However, tho se who were unfavorable to the in te ­ grated sy stem , though unable to m uster su ffic ien t support to p a ss the b ill abo lish ing the system over the Governor's v e to , were able to sw ing enough power to prevent the appointment of a new Chancello r. This they did by adding a sta tem en t to the appropriation b ill for the U niversity sy stem , providing "that the appropriations con ta ined herein sh a ll not be used for sa la ry and expen ses of a C hancellor of the University of M on- 2 tan a . " Thus came to an end the heyday of the C hance llo r, an e ra of lay ing p rec ed en ts , o f organizing ro u tin e , of build ing the foundations for an in teg ra ted sy stem . The cen tra l o fficer around which the system w as bu ilt w as removed. Time only could t e l l w hether the system would survive w ithout such a cen tra l figu re . 12 1. SENATE JOURNAL, op . c l t . , p . 431. 2 . SESSION LAWS OF 1933, p . 428. 151 II, CARE-TAKER STATUS Fortunately at th is time there w as In the C hance llo r 's o ffice an indiv idual who could w e ll assum e the functions o f a c a re - ta k e r un til such time as demand would force the L egislature to res to re the position of the C hancello r. Serving as execu tive sec re ta ry to Chancello r Brannon, as he a lso had served Dr. E llio tt during m ost t>f the la t te r 's term of o ffice , w as Dr. Henry H . Swain, a thorough techn ic ian and devoted educa to r. Perhaps b e tte r than any o ther te s tim on ia l of h is ch arac te r is th e follow ing passage from the reso lu tion adopted by the S tate Board of Education after h is death in 1941:* Dr. Swain w as a cou rteous, though tfu l, and conscien tious educa to r. H is f id e lity to the cau se of educa tion in M ontana brought him coun tless adm irers and friend s . They a ll mourn h is p a ss in g . H is monument is th e ir memory of h is sp lendid life and se rv ic e . Dr. Swain had accep ted the position of execu tive secre ta ry of the Univer­ s ity of M ontana in 1917, a fte r a lm ost tw enty years of se rv ice in M ontana educa tion . Shortly a fte r obtain ing h is Doctor of Philosophy degree from the U niversity of Chicago in 1898, he came to the S tate Normal School in D illon w he re , a fte r th ree years a s te a ch e r o f econom ics, he w as e le c ted p residen t of the in s titu tio n , serv ing in th a t position un til 1913. An ex ­ ce llen t adm in istra to r, re sp ec ted by a ll th e schoolmen in M ontana, he was I . M INUTES, o p . c i t . , p . 3 372 . appointed a s s is ta n t s ta te superin tendent of public in struc tion in 1913. His ab ility in th a t position brought him to the a tten tion of C hancello r E llio tt , who persuaded him to accep t the position of execu tive sec re ta ry of the U niversity of Montana in 1917, w ith h is sp ec ia l du ties in the area of adm inistrative rou tine . Thus, when the p o litic a l storms of 1933 forced the res igna tion of D r. Brannon as C hancello r, and prevented any move­ ment toward the appointment o f another to th is p o sitio n . D r. Swain w as w ell able to carry on in the adm in istrative routine of the o ffice . Executive Council of the U niversity of Montana Actually so smooth w as the tran s itio n from a system cen tered around the person of the C hancello r to th a t of the c a re - ta k e r s ta tu s under the d irec tion of the execu tive sec re ta ry th a t the lay public fa iled to note any change in the conduct of U niversity a ffa irs . This w as due not only to the rare adm in istrative ab ility of D r. Swain, but a lso to the operation of the U niversity Executive C ouncil. As o rig ina lly organized in 1916 by Chancello r E llio tt, th is Council had no leg a l s ta tu s , but served a s an ad ­ v iso ry body as needed by the C h an ce llo r .1 At f i r s t , in addition to the Chancellor as i ts p resid ing o ffice r, it included the four p res iden ts o f the University u n its , the D irector of the Agricultural Experiment S ta tion , and the D irector of the Extension Serv ice . Upon the appointment of D r. Swain 152 I . EXECUTIVE COUNCIL MINUTES, December 3 , 1920, p . I . 153 as the Executive Secretary of the University of M ontana, he w as added to the group. Then, by 1918, la ten t p ressu re had bu ilt up from the State University at M issou la over what they fe lt w as undue in fluence in the Council by the Agricultural C o lleg e , due to the in c lu sion in i ts member­ sh ip of the two d irec to rs whose headquarters were at Bozeman. Accord­ ingly , an attempt w as made to ba lance th is in fluence by adding two mem­ bers from the S tate U n ivers ity , chosen by the C hance llo r. Eventually th e se two members were au tom atica lly to be deans from the U niversity . Since the Executive Council had con s is ten tly been used ever s ince its o rgan ization as a soundihg board for th e Chancello r in the con­ sidera tion of p ro p o sa ls , p lan s , and new po lic ies for the U niversity u n its , w ith ample opportunity for d iscu ss io n of the sam e, it w as very e a sy a fte r 1933 to work out a new system of the U niversity of M ontana, whereby the Executive Council should de fin ite ly a c t for recommendation of po licy of the State Board of Education , while th e Executive Secretary should become responsib le for adm inistrative rou tin e . In order to give leg a l s ta tu s now to the Council, the S tate Board of Education on April 3 , 1933, a fte r lim it­ ing i ts membership to the six p res id en ts o f the U niversity u n i ts , o ffic­ ia lly recognized a s a sp ec ific body in the U niversity sy stem , specify ing th a t i t should continue to "function as nearly as p o ss ib le as in the p a s t . "* I . M INUTES, o p . c l t . , p . 1951 . 154 Thus in p ra c tic e , by using th is dev ice of the Executive C ouncil, the s ix un its operated in a very sa tis fac to ry manner un til changes in personnel of the Executive Council toward the end of the decade 1930-1940 in tro ­ duced new problem s. 1 Bond-M lllaqe Campaign of 1940 These problems were in ten s ified or a t le a s t brought out in to the open during the 1940 campaign for the renewal of the m illage levy for sup­ port of the U niversity of M ontana and for the bond is su e fo r new bu ild ings. During the o rig ina l campaign in 1920 and again during th a t for renewal in 1930, d irec tion and leadersh ip was fu rn ished by the C hance llo r, whose p res tige was such th a t rough spo ts in the campaign and ten ta tiv e fric tion betw een un its could be smoothed out w ithout detrim ental e ffec t on the su c ­ c e s s of the campaign as a w ho le . In 1940, however, there w as no cen tra l adm inistrator by whom early p lans could be form ulated. The Executive Council had become a source of continued fric tion betw een the in s titu ­ tion s and a spot for maneuvering for position ra ther than a smooth working machine for an in teg ra ted U n iversity . The Executive Secretary had ne ith e r th e power nor the p res tig e n ece ssa ry to s e t the campaign in motion. Though there seemed to be un iversa l agreement th a t P rofessor Brewer of M ontana S tate College should again be d irec to r of the campaign, as he had in the I . B rew er, o p . c i t . , p . 17 . 155 su cce ss fu l campaign of 1920, yet up to the f irs t of June, 1940, no action had been taken by the Executive Council to recommend h is appointment by the State Board of Education. He had been named by President Strand of the State College to rep resen t th a t in s titu tio n , but of course had no author­ ity to speak for the o ther in s titu tio n s . Furthermore, no s tep s had been tak en to secure the n ece ssa ry operating funds for the campaign — funds normally secured from the lo ca l communities in which the un its were lo­ c a ted . Although th is s itu a tion w as p a rtia lly remedied la te r by the o ffic ia l appointment of Professor Brewer as D irector of the campaign, the delayed a c tio n , and the prelim inary jockeying in the Executive Council before the appointm ent, were defin ite ly fac to rs in the la te r de fea t of the bond is s u e , and the low per cent by which the m illage w as ca rried . Brewer him self la te r sta ted ;* The lack of a head for the G reater U niversity w as a defi­ nite embarrassment to me and a defin ite handicap throughout the campaign. My d ifficu lties were much more w ith the com­ munities where the in s titu tio n s were loca ted and which pro­ vided the funds th an w ith the p res id en ts of the various schoo ls , who from June on accep ted my leadersh ip and gave a ll the support I sought. The communities which had accep ted the C hance llo r's leadersh ip in 1920 were much le s s d isposed to tru s t me in 1940. I. I . Brewer, op . c l t . , p . 18. 156 The Junior College Movement The dep ress ion conditions of the decade 1930-1940 were not favorable for any ex tension of cu rricu lar offerings by any of the un its of the U niversity of M ontana, though Northern M ontana College did take advantage of the lack of a chancello r to secure in 1935 approval of its tw o-year curriculum in e lem entary e d u ca tio n , ^ d esp ite the fac t th a t in the in troduction of such a curriculum there was de fin ite ly a dup lication of sim ilar curricu la a t D illon and B illings. M eanwhile , probably somewhat in sp ired by the lack of finances in lo ca l communities due to the dep ression cond ition s, p ressu re w as build ing up for pub lic ly supported junior co l­ lege programs ou tside the U niversity u n its . Such programs had been authorized by the 1917 le g is la tu re , provided th a t th ey conformed "to such requirements and regu la tions as may be p rescribed by the C hancello r of the U niversity of M ontana. However, w ar conditions in 1917 and the resu ltan t e ffec ts th e rea fte r removed, in the years immediately follow ­ in g , p ressu re for implementation of th is au tho riza tion . Undoubtedly an­ o ther fac to r contributing toward the removal of p ressu re w as the movement th a t fin a lly led to the estab lishm en t o f the new normal schoo l a t B illings and to the fin a l au thoriza tion of funds w ith which to operate the schoo l a t 1 1. MINUTES, op . Clt.. p. 2275. 2 . m id . , p . 227. 157 Havre, which had been o rig inally e s tab lish ed in 1913. That some In te re s t in such programs was s t i l l p e rs is tin g in 1928 is ind ica ted by a regu lation p a ssed by the State Board of Education in th a t y e a r , providing th a t any studen t who should m atricu la te for a degree in any unit of the U niversity system a fte r completion of a Junior co llege course "must be in residence a t le a s t two years before rece iv ing a b ach e lo r 's d eg ree . This regu la tion , in c id en ta lly , has never been rep ea led , and would seem s t i l l to be in e ffec t. By 1939, rea l p re ssu re , e sp e c ia lly in the e a s te rn part of the s ta te , had developed for a more workable law under which junior co lleges might be e s tab lish ed and supported by lo ca l tax ing u n its . Supporters of the Univer­ s ity sy stem , conscious of the f in an c ia l problems of the system as currently e s ta b lish ed , were able to fo re s ta ll in th e Legislature any attempt to secure s ta te tax money for th is new p ro jec t, but were not ab le to prevent the p a s ­ sage of a new law by the 1939 Legisla tive Assembly. Under the p rovisions of th is Act, C uster County Junior College w as e s tab lish ed a t M iles C ity in 1939, and the next y ea r Dawson County Junior College a t G lendive opened i ts doors. Tentative p lans were under w ay in 1941 for a junior co llege to open a t Lew istown, but w ar conditions in te rvened , lead ing f irs t to p o s t­ ponement of the p lans and even tually to th e ir c an c e lla tio n . At f irs t th e se colleges were very popular in the home communities, each of them securing 1 1. MINUTES, op . c i t . , p . 1492. 2. I b id . , £ £ . 3362, 3431. 158 a very sa tis fac to ry enro llm en t, a fac t which made po ss ib le the m ainten­ ance of tru ly co lleg ia te -lev e l s tandards of in s tru c tio n . The S tate Board of Education sought to make ce rta in th a t such standards were m ain tained , providing for approval of th e ir cu rricu la , for which defin ite standards had been recommended by the Executive Council. These recommendations were adopted by the State Board of Education a t i ts m eeting on April 13, 1942. B asica lly by th e se s tandards the junior co lleges were re s tr ic te d to courses general in n a tu re . Prelim inary sp ec ific study in p ro fess iona l f ie ld s , such a s elementary educa tion , ag ricu ltu re , home econom ics, industria l a r t s , e t c . , was s tr ic tly forbidden. However, during World W ar II, the need for add itional e lem entary teach e rs in M ontana w as such th a t on July 9 , 1945, the State Board of Education re laxed i ts d irec tive in elem entary education to such an ex ten t th a t for the duration of th e w ar i t gave approval for curricu la in the two junior co lleges lead ing to a "temporary elem entary s ta te c e r tif i­ c a te , " good for one y e a r , w ith priv ilege of renew al. * The c lo se of the war in the la tte r part of 1945, w ith th e re su ltan t rush of s tuden ts to the un its of the U niversity as w e ll a s to private deg ree-g ran ting co lleges and uni­ v e rs itie s , had a detrim ental e ffec t upon junior co llege enrollment in Mon­ tan a . Students in the lo ca l communities seem ed, now th a t fin anc ia l re ­ sou rces were b e tte r , to prefer to a ttend th e larger s c h o o ls , and enrollment I . M INUTES, o p . C lt. , p . 4 4 26 . 159 of regular studen ts In the two junior co lleg es took a decided drop. This trend toward lower enrollment continued in sp ite of ac tions by the State Board of Education th a t should have a ided in bo lste ring the p re s tig e , and thus the en ro llm ent, of the junior c o lleg e s . In 1948 the S tate Board re ­ cognized th ese co lleges o ffic ia lly for the firs t tim e , granting them s ta te accred ita tion — Custer County Junior College on July 2 6 , ^ and Dawson County Junior College on December 1 3 .^ Then at the S tate Board of Edu­ cation meeting on May 17, 1954, th e Board ordered "full s ta tu s of gradu­ a te s or tran sfe rs from C uste r County and Dawson County Junior C olleges entering any unit of the U niversity of M ontana. D esp ite th is stamp of approval by the S tate Board, enrollment in the two junior co lleges fa iled to keep pace w ith th a t in the U niversity un its or even to move w ith in strik ing d is tan ce of th a t of th e ir o rig ina l y e a rs . This lack of sa tis fac to ry enrollment re su lted in ev e r- in c rea s in g d ifficu lty in m aintaining qualified in struction on the co llege lev e l and a correspondingly sharper question ­ ing by friends of h igher education in M ontana as to th e w isdom of continu­ ing the junior co llege sy stem . Basic Curricula Programs in the U niversity System Reacting to the p ressu re of th e junior co llege movement in M ontana 1 1. MINUTES, op . c i t . , p . 5041. 2. I b id . , p . 5191. 3 . I b id . , p . 7142. 160 as Ind ica ted above , the State Board of Education took s tep s to insure that sim ilar programs were inaugurated in the sm aller un its of the University sy stem , particu larly at B illing s, D illon , and H avre. Actually i t had long been the p rac tice for many studen ts to enroll in th e se un its simply to s e ­ cure prelim inary train ing for la te r study a t the degree-g ran ting un its of the U niversity o r a t private co lleges and un iv ers itie s in sub jec t-m a tte r a re a s , not even remotely connected w ith teache r tra in ing . Before 1939, however, no recognition o ffic ia lly w as made of th is p rac tic e . However, a t the April, 1939, m eeting th e State Board of Education authorized the sp ec ific o rganization of Basic Curricula study a t B illings and D illon . Havre was not included in th is particu la r au tho riza tion , s ince under the provision of its o rig inal e s tab lishm en t, such programs were a lready pos­ s ib le . However, although the o rig inal purpose of th is unit was sp ec if i­ c a lly in the a reas of vocationa l educa tion , ag ricu ltu re , and the m echanic a r t s , the majority of the studen ts there enro lled w e re , as a t the regu larly e s tab lish ed normal schoo ls , in the elem tnary teach ing curriculum . For severa l years ne ither B illings nor D illon followed up th is 1939 ac tion by the State Board of Education. F inally su ffic ien t p ressu re did build up in B illings so th a t Grover C . C is e l, a member of the lo ca l execu tive board , wrote a le tte r to the State Board of Education requesting implementation of 161 the 1939 au tho risa tion . * In response to h is req u e s t, the S tate Board, on April 9 , 1945, au thorized Eastern M ontana S tate Normal School to "offer a tw o-year b a s ic co llege course p lus the normal tra in ing . Under th is au thorization the D iv ision of B asic Curricu la th ere w as e s tab lish ed in the fa l l of 1945, accounting from th a t da te onward for approxim ately one -ha lf th e to ta l enrollment of the in s titu tio n . Sim ilar cou rses w ere la te r made availab le a t D illon , but no s tep s were tak en toward organ ization of a sp ec ia l d iv is ion of b a s ic s tu d ie s . III. RESTORATION AND ABOLITION The experience of the 1940 bond and m illage campaign w as a key factor in convincing leaders of h igher educa tion in M ontana th a t the U niversity system w as even tually to be doomed, u n less i t had a strong leader a t i ts h ead . In addition the changes in adm in istrative personnel in some of the un its had served to bring to an end the smooth, coopera­ tiv e working of the Executive C ouncil, w ith a corresponding r ise in in s t i ­ tu tiona l rivalry fe lt not only on the sev e ra l campuses but a lso in the le g is ­ la tive bodies m eeting e ach two y e a rs . In the 1941 L eg isla tu re , P rofessor 1 1. An in te res tin g s id e - lig h t on th is le tte r is th a t M r. C ise l w rote i t as “a tto rn e y -a t- law ," not as a member of the Board, and th a t there is no w ritten evidence th a t e ith e r the lo ca l execu tive board as su ch , or P resident M cMullin of the Normal School w as consu lted in advance. 2 . MINUTES, op . c i t . , p . 4169. 162 Brewer te s tif ie d before leg is la tiv e committees which were inves tig a ting the p o ss ib ility of restoring to the S tate Board of Education au thority to employ a Chancellor. In th is testim ony he emphasized h is experience as d irec to r of the 1940 bond-m illage campaign. The lower house w ent along w ith h is recommendation, but on the la s t n ight of the se ss io n the sena te resto red the c lau se to the appropriation b ill which forbade payment of any sa la ry to a chancello r. * By the time the 1943 Legislature m et. Governor Ford had become convinced of the need for res to ra tion of th e position of Chan­ c e llo r , and he led the figh t ag a in st any re s tr ic tio n in the forthcoming b ienn ia l appropriation . This time the figh t w as su c c e ss fu l, so tha t the S tate Board of Education w as free to sea rch for a C hancello r. D isillusionm ent under M elby For the p receding two y e a r s , Dr. E rnest 0 . M elby , a dynam ic, forceful educa to r, had been p res id en t of the S tate University at M isso u la , im pressing the S tate Board of Education w ith h is scho la rsh ip , b read th of v is io n , and lead e rsh ip . He had reso lved a very d ifficu lt personnel s i tu a ­ tion th e re , and the Board members fe lt th a t he would be able to succeed in a like ta sk for the U niversity system as a w ho le . Accordingly, on April 13, 1943, they e le c ted him a s C hancello r of the sy stem . ^ Apparently Dr. M elby 1 1. Brewer, op . c i t . , p . 18. 2. MINUTES, op . c i t . , p . 3724. 163 was not a t a ll sure th a t he would be happy as C hance llo r. Before accep t­ ing the re spon sib ility , he secured the consen t of the Board to tak e the position for a y ea r, reserv ing the rig h t, through a te ch n ic a l leave of ab­ sen ce , to resume h is du ties a s p res iden t of the S tate U niversity should he so d e s ire . Unquestionably th is ac tion w as one of the major fac to rs in h is subsequent failu re to reconcile the d ifferences betw een the u n i ts . The uncerta in ty as to w hether he would long be in the new office had the e ffect of preventing wholehearted cooperation nn the part of the o ther unit p re s i­ den ts . Rather th ey preferred to continue th e ir system of d ickering w ith other p residen ts as various problems arose in regard to the united po licy of the University sy stem . Then, too , the fac t th a t M elby was on a leave of absence prevented the appointment of a fu ll-tim e p residen t for the State University at M issou la , requiring adm in istrative d ec is io n s by an acting p res id en t. In fa c t , th is la tte r o ff ic ia l never fe lt secure even in th a t po si­ tio n , s ince Dr. M elby e le c ted to re ta in h is residence a t M issou la in s te ad of transferring to H e lena , where a ll of the records of the U niversity were kep t. Such c ircum stances made i t im possib le for another man to ac t free ly as temporary p res iden t of the M issou la u n it. Furthermore, b ecau se of th is m ixed s itu a tion a ttending M elby 's leave of absence and of h is con­ tinued res idence a t M issou la , there arose a strong fee ling not only among the o ther unit p res iden ts and th e ir fa c u ltie s , but a lso in the lo ca l communi­ t ie s , and la te r throughout the s ta te , th a t a s C hance llo r, D r. M elby w as 164 favoring the State U niversity a t M issou la and maneuvering for a position in which the State U niversity m ight in fac t become the head of the entire system in the manner v isu a lized by President C raighead of the S tate Uni­ v e rs ity in 1915. In any e v en t, even though the S tate Board of Education gave him fu ll support throughout the y ea r. D r. M elby resigned h is position as Chancellor on July I , 1944, requesting a return to h is position as P resi­ dent of the State University a t M isso u la . In h is res igna tion he pointed out the lack of power in the position of C hance llo r, a lleg ing th a t the functions of the office could a s w ell be carried out by the p residen t of the State U n iversity , and a t le s s exp en se . The S tate Board, in agree­ ment w ith h is rea son ing , accep ted h is re s ign a tio n , and then appointed him a s "Executive Officer for the S tate Board of Education to report to th a t Board any suggestion s made by the C ouncil. In th is new position — one which had no leg a l s ta tu s — he en joyed the fu ll confidence of the State Board of Education , as he p rev iously had done as C hancello r. In "c la rifica tion" of h is du tie s by the S tate Board on July 24, 1944, i t w as spec ified th a t he would "not carry on any of the du ties of the C hance llo r, but would a c t a s chairman of the Executive Council and v is i t the un its 2and make inves tig a tion s only as comm issioned by the Board. " 1 1. MINUTES, op . c l t . , p . 3937. 2. I b id . , p . 3998. 165 At th is same meeting on July 24, 1944, Dr. M elby p resen ted to th e State Board a ten ta tiv e p lan for converting the purposes for w hich the th ree sm aller un its had been e s ta b lish ed . Because of the w ar, en ro ll­ ment in each of th ese un its had dropped almost to the van ish ing po in t, w ith no po ss ib ility of a rtif ic ia l bo ls te ring , as had been done a t the S tate U niversity , the S tate C o llege , and the School of M ines, by inaugur­ a tion of sp ec ia l w ar-tra in ing groups. As early as September, 1943, he had questioned the adv isab ility of continuing the State Normal College a t D illon, s ta ting th a t i t had "no future as a teach e r train ing in s titu tio n . " He ra ised then the question as to whether i t m ight not be w ise to c lo se the school during the war and then reorganize a fte rw ard . ^ But in 1944, he advocated conversion of the D illon un it in to a vocationa l train ing schoo l, and the transform ation of the un its a t B illings and Havre in to junior c o lleg e s .^ After d iscu ss io n of h is p ropo sa ls , the State Board d irec ted him to prepare a defin ite program of conversion for subm ission to the Board at i ts September, 1944, m eeting . The record is not too c le a r a s to the next moves by the friends of the un its concerned w ith th is con­ version p lan , but it is c le a r th a t they were not too happy w ith the pro­ p o sa ls , and th a t the advancement of such a p lan by Dr. Melby w as one of the major points in la te r a ttack s on him and on h is planning for the 1 1. MINUTES. QP. c l t . , p . 3830. 2 . I b id . , p . 3998. 166 future of the University sy stem . W hatever may have been the contributing c a u s e s , i t is a fac t th a t D r. M elby did not p resen t a defin ite p lan of con­ version to the September, 1944, m eeting — nor to any future m eeting . Apparently the only further no tation in the m inutes of the S tate Board of Education is one developing from the December m eeting , in w h ich , after the request was made by the U niversity system p res iden ts for an execu ­ tiv e se ss io n w ith the Board to d iscu ss m atters "of utmost im portance, " the statem ent w as made th a t "no p lans could be made a t th is time for the in s titu tion s loca ted at D illon or B illings un til th e ir functions were d e ­ c ided . M eanwhile , D r. M elby had worked very c lo se ly w ith the sp ec ia l M ontana Commission on H igher Education , of which Judge Frank L eiper, of G lend ive , w as chairm an, and which w as charged w ith the respon sib ility of making i ts recommendations to the 1945 L eg islative Assembly. Judge Leiper made a personal "po licy p rogress " report to the S tate Board of Edu- O cation a t i ts m eeting on September 25, 1944, emphasizing — I am not au thorized to speak for the Commission. I am going to send a le t te r to each member of the Commission te llin g them what I have sa id and what has been done h e re . That is only fa ir and should a llay c ritic ism . If you can change the re ­ port and do the th ings th a t we w ant to see done , th en I say "hop to i t . " 1 1. MINUTES, op . c i t . , p . 4101. 2. I b id . , p . 4039. (The complete "report of Judge Leiper" is on pages 4037-4039.) 167 After c ritic is in g the Board for i ts failu re to meet w ith th e Commission, or a t le a s t to have some of i ts members p resen t at the la t te r 's m ee tin g s , Judge Leiper d iscu ssed th ree poin ts th a t would be in the findings of the Commission: (I) the in ab ility of Montana "to support s ix co lleges or un iv ers itie s in the S tate of M ontana, " (2) the lack of re a l power in the > State Board of Education to superv ise the in s titu tio n s , and (3) th e need for a rea l "executive head" for the system "to s it in w ith the p residen ts and the lo ca l boards to study and Ieam a ll about the workings of the In- i s titu tion s to the end th a t th ey may d isc u ss th e ir needs in te llig en tly . " The Board fa iled to ac t on the Leiper report a t th is m eeting , but at the meeting on January 15, 1945, th e S tate Board d id adopt and send to the Legislature the so -c a lle d "Melby Plan" of reo rgan iza tion of the u n i t s .^ In the report to the Legislature th is "M elby Plan" w as referred to as the "policy" of the State Board of Education . The e s s e n tia l fea tu re of th is new "policy" w as a recommendation th a t the Legislature adopt one cen tra l unified budget for a ll of the u n i ts , w ith power in the Board of Education to tran sfe r budget item s as d e s irab le . Faced w ith th e two rep o rts , which did not agree in most of the recommendations, th e Legis­ lature fa iled to reac t favorably to e ith e r one . In fac t i t not only refused V 1 1. C f. p o s t, pp . 232-234. 2. MINUTES, op . c i t . , pp . 4122-4126 and 4130-4131. 168 to go along w ith the budget recommendation of the S tate Board of Educa­ tio n , but even requested the p res id en ts of the seve ra l in s titu tio n s to pre­ sen t th e ir budget requests sep a ra te ly to the appropriations comm ittees. It a lso p a ssed House Bill No. 214, w hich "provides th a t no person who is a p residen t of an in s titu tion can serve a s an execu tive o fficer of the Board. "*• Thoroughly d is illu s ioned by th is reac tion on the part of the L eg isla tu re , a s w ell as by the lack of coopera tion , and even by ev idence of opposition , on the part of the o ther in s t i tu t io n s , D r. M elby res igned as Executive Officer of the State Board. At the April m eeting the S tate Board accep ted th is resignation and adopted a reso lu tion rescind ing th e ac tion of January 15, 1945, by which the "Melby Plan" w as accep ted as the "policy" of the 2 Board. This ac tion by the S tate Board w as made in fu ll recognition of the fac t th a t to the members of the Legislature as w ell a s to the State Board of Education, the U niversity system w as considered , excep t for O budgetary pu rposes, one in s titu tio n . Thus came to an end a second a t­ tempt to so maneuver th a t the S tate U niversity a t M issou la should be in a position of hegemony among the un its of the U niversity sy stem . 1 1. SESSION IAWS OF 1945, p . 367. 2. MINUTES, op . c i t . , pp . 4158, 4138-4139. 3 . SESSION LAWS, op . c i t . , p . 364. ("It is the purpose of th is Act tha t the sa id s ix (6) un its of our un ivers ity system sh a ll be considered for a ll purposes one un iv e rs ity . ") 169 End of a Dream W ith the resignation of Dr. M elby a s Executive O fficer of the S tate Board of Education, the U niversity system again w as operated in interim fash ion under M iss Dorothy G reen, the Executive Secretary . The la tte r was no novice in working w ith the un it p re s id en ts , for she had had long experience as an a s so c ia te o f Dr. Swain in the years following the resignation of Dr. Brannon as C hancello r in 1933; and in the period from the death of Dr. Swain in 1941 to the appointment o f Dr. M elby as Chan­ ce llo r in 1943, she had been in charge of the U niversity o ffice . Thus once more U niversity a ffa irs were in excep tionally capab le h ands. For d irection of the routine m atters of adm inistration and for counse l in d e ­ term ination of po licy recommendations by the Executive Council, no one in the s ta te had b e tte r background or experien ce . The S ta te Board, however, did no t h e s ita te long in making a decision a s to the appointment o f a new C hancello r. P ost-w ar problems c rea ted by mushrooming enrollm ents in the U niversity un its c rea ted p re s ­ su res both on s ta ff and on bu ild ing s. To take the lead toward the so lu ­ tion of th e se problem s, the S ta te Board of Education fe lt the need of one tra ined in co llege adm in istration and experienced in handling co llege personnel. Such a person , i t f e l t , w as Dr. George A. S e lk e , then p re s i­ dent of S t. C loud T eachers ' College in M inneso ta . D r. Selke accep ted 170 the position of Chancellor as offered to him, e ffec tive May I , 1946.* In accep ting the po sition . Dr. Selke w as reported to have announced to h is friends th a t he w as "exchanging secu rity for excitem en t. W hether th is w as true or no t, he certa in ly brought excitem ent w ith him to the new po sition . During World W ar II he had been an army o ffice r, and he seemed to fee l th a t what w as needed in the office of the Chancellor was the army techn ique . Rarely re laxed , he barked out orders to p residen ts as w ell as to o thers in the U niversity system w ith whom he came into con tac t. In m eetings he rebuffed d iscu ss io n of poin ts w ith which he might be in d isag reem en t, and con s is ten tly demanded recognition of h is o v e r-a ll power and importance. Because of th is domineering personality he soon ran into d ifficu lty w ith the heads and lo ca l facu ltie s of the vari­ ous in s titu tio n s , who had been accustom ed to a more relaxed and demo­ c ra tic procedure in the development of University po lic ies and adm inistra­ tiv e rou tine . Lacking the excep tional o rgan izational and adm in istrative ab ility of a Chancellor E llio tt, or the gen ia l pe rsonality of a Chancellor Brannon, or the recognized scho larsh ip o f a C hancellor M elby , D r. Selke w as not one who could mesh the various d iscordan t elem ents in the U niversity system into a harmonious w ho le . However, he w as to le ra ted 1 1. MINUTES, op . c l t . , p . 4396. 2. Brewer, op . c l t . , p . 20. 171 a t f irs t by the S tate Board of Education b ecau se o f the re luc tance of Board members to admit th a t another m istake had been made in the choice of a Chancellor and no doubt th ey hoped th a t after th e newness of the position wore off, th e new man might se ttle down in to the groove and d e ­ velop a technique of leadersh ip which would pay off in a smooth working U niversity system . This hope was not rea liz ed , and i t was not too long before signs appeared ind ica ting trouble ahead . In an attempt to resto re h is falling p restige he persuaded the S ta te Board of Education on Septem­ ber 23, 1949, to require th a t a ll m atters of b u sin ess transm itted to o ther departments or agencies of the U niversity system should be channeled through the o ffice of the C hancello r. W hile in i ts e l f th is seemed to be a routine m atter of good b u s in e ss , in ac tua l p rac tice i t was designed to cu t the influence of the ind iv idual p residen ts while enhancing th a t o f the Chancellor. By 1950 accumulated fric tion came to a head in h is controversy — and in tha t of the S ta te Board of Education — w ith P residen t Vande Bogart of the Northern Montana College a t Havre. In the person of P residen t Vande Bogart the Chancello r was in con tac t w ith a personality much like h is own — se lf-w illed , determ ined, ru th le ss in ac tion , and w illing to u se alm ost any po litic a l means to a tta in h is end s . By such a mode of action he had bu ilt an exce llen t co llege in H avre, one which was offering many cu rricu la , including those in elem entary education . 172 not even dreamed of in the minds of the leg is la to rs who f irs t approved the organization of a school in th a t a re a . Now th is technique came into action in a manner th a t led to very bad fee ling betw een President VandeBogart and the State Board of Education and betw een VandeBogart and the Chancellor h im self. This development came about in the contro­ versy over the d istribu tion of the funds voted by the people of Montana in 1948 — the $5 ,000 ,000 bond is su e for U niversity bu ild ings. This controversy w as tied up in a ju risd ic tiona l fight* betw een the State Board of Education on one hand and the S tate Board of Examiners on the o ther. In th is controversy the allotm ent of funds to Northern Montana College from th is bond is su e w as a key po in t. The allotment favored by the State Board of Examiners would give the in s titu tion at Havre a much larger share of the bond is su e than th a t favored by the S tate Board of Education. Behind the in s is ten ce of the S tate Board of Examiners on $1 ,200 ,000 for Northern M ontana College w a s , i t seemed to many members of the State Board of Education and to Chancellor S e lk e , a "dea l" made by lo ca l po li­ tic ian s and friends of the Havre schoo l. In th e ir m inds. President VandeBogart w as tie d up w ith th is "dea l" in a manner suggestive to them of to ta l d isregard for the w ishes of the m ajority of the S tate Board of Edu­ ca tion , or for the general w e ll-b e ing of the s ta te . They fe lt th a t he had I. I . C f. p o s t, pp. 217-226. 173 "so ld" the in teg rated system "down the r iv e r ," and were determ ined to have him removed from o ffice . In th is s itu a tio n , p ressu re w as brought to bear on the Chancello r, and the la tte r refused to recommend tha t President VandeBogart be continued in o ffice . Accordingly, a fte r a reportedly very stormy executive se ss io n of the S tate Board on April 10, 1950, in which fee ling ran high on both s id e s , and a fte r a ro ll-c a ll vote recorded as s ix in favor to four aga in st and one in doub t, i t w as voted th a t the "Board concurred in the recommendation of D r. Selke th a t the con tract of Dr. VandeBogart not be renew ed. In order to be sure to avoid po ss ib le leg a l complications as a re su lt of th is a c tio n , the Board further in struc ted i ts secre ta ry "to send notice to President VandeBogart by reg is te red mail advising him of the Board's action so th a t the notice would reach him be­ fore the 15th of April, adv ising him th a t h is con tract w as not to be re­ newed. By July 11, 1950, tempers had cooled su ffic ien tly so th a t the April action w as amended a t the S tate Board meeting on tha t date so tha t "earned accumulated two quarters out of residence w ith pay" w as granted to President VandeBoga rt. Further he w as offered an appointment as pro­ fe s so r of chem istry at M ontana State U n iversity , beginning w ith January I , 1951. Inciden tally th is la tte r appointment apparently w as made w ithout I. I . MINUTES, op . c i t . , p . 5532. % I o ffic ia l consu lta tion w ith the adm in istrative o ffic ia ls at M issou la . How- -1 t . - y - .S . 4.y ever, since the appointment w as declined by Dr. VandeBogart; no further action took p la c e . An aftermath of th is struggle w ith President VandeBogart w as the reaction toward Chancellor S e lk e . Early in the fa ll i t became apparent tha t even w ith strong support from the S tate Board of Education —'suppo rt th a t w as in no way assu red — the enem ies of the Chancellor and of the 5 ' U niversity system i ts e lf would be very active in the forthcoming Legis­ la tive A ssembly. Accordingly, on November I , 1950, rea liz ing th a t he had fa iled in h is attempt to resto re confidence in the C hance llo rsh ip , and s ta ting tha t he fe lt that it w as for the b e s t in te re s t of the U niversity system . Chancellor Selke res igned , a fte r having served th e system sligh tly over four y e a rs . His res igna tion , and subsequen t actions by the 1951 and la te r le g is la tu re s , brought an end to a dream —— a dream tha t an In tegra— * ■* > - Xt * * * ' , " % ; ted system of higher education could be bu ilt around the person of a C hancello r, w ithout a t the same time giving to th a t person a ll the power and authority n ecessa ry for the su cce ss fu l operation of such a system j ! New In ter-Facu lty Agencies Although there is l i t t le of accomplishment to record in regard to the four years of Chancellor Se Ik e 's adm in istration , i t should be noted th a t he did se t in motion th ree in te r-facu lty a g en c ie s , each one of which 175 has g rea t p o ss ib ilitie s in promoting the development o f th a t cooperation among the un its and i ts facu ltie s w ithout which no rea lly in teg rated system can surv ive. The f irs t of th e se agencies is the Committee on Basic C urricu la , composed of two rep resen ta tiv es from each of the un its . O riginally appointed in 1948 a s a C hance llo r 's comm ittee, i t has s ince been continued as a standing committee for the Executive Council. As reported to the S tate Board of Education by the Chancello r on December 13, 1949, i ts main du ties a re th ree-fo ld : (I) formulation of b e tte r and more uniform p rac tices among the u n its , (2) standard iza tion of the evaluation o f c red it tran sc rip ts , and (3) development o f general understanding of d ifferen t curricula and courses of study . The second in te r-facu lty group w as the Committee on Teacher Education, a lso composed of two repre­ sen ta tiv e s from each of the five un its which are charged w ith the re spon si­ b ility of train ing teachers for M ontana 's public schoo ls . I ts main function i s to reso lve d ifferences in train ing procedures and curricu la among the u n its , w ith a sp ec ia l re spon sib ility o f securing as much uniformity in p rac tice as is p rac ticab le . I t is a lso charged w ith th e responsib ility of developing good working re la tion sh ip s betw een the U niversity un its and the S tate Department of Public In struc tion . Like the Committee on Basic Curricula i t now opera tes a s a standing committee for the Executive Council. The th ird in te r-fa cu lty group i s the In te r-F acu lty Council, I. I . MINUTES, op . c l t . . p . 5463. 176 organized In 1948. Composed of five members from each un it a s e lec ted by the Individual fa c u ltie s , the Facu lty Council m eets once each quarter to d iscu ss m atters of concern to th e facu ltie s of the U niversity of Mon­ tan a . W ith th is group, as w ith the two in te r-facu lty comm ittees, any recommendation must be channeled through the Executive Council. Though not many tang ib le ev idences of re su lts from the m eetings o f the Faculty Council may be p resen t, there is no doubt th a t th e se s ta ted meet Ings do much to promote goodwill and fellow ship among the facu ltie s of the various un its , thus contributing immeasurably to th a t id ea l advanced before the formation o f the U niversity system in 1915, and sp ec ifica lly s ta ted again by th e 1945 L eg isla tive Assembly — " th a t th e s ix (6) un its o f our un iversity system sha ll be considered for a ll purposes one un i­ v e rs ity . " * IV. CURRENT CONTROLS FOR THE UNIVERSITY SYSTEM Upon the resignation of C hancello r Selke on November I , 1950, the S tate Board of Education appointed M iss Dorothy Green a s Acting Chancello r. As had been expec ted , th e 1951 L eg isla tive Assembly abo lished the position of chance llo r, changing the law by which the University system was e s tab lish ed to read "execu tive head" in s tead of I. I . SESSION LAWS OF 1945, 0£ . _cit_., p . 364. 177 "chancello r. " Moreover, as had been the c a se In 1933 when the po li­ tic ian s became incen sed w ith C hancello r Brannon, so again in 1951 did the Legislature fa il to provide any appropriation for such a position . Accordingly, a t the S ta te Board of Education meeting on April 9, 1951, M iss G reen 's t i t le was changed to read " sp ec ia l a s s is ta n t to the se c re ­ tary o f th e S tate Board of Education in m atters concerning higher educa­ t io n ." ^ W hether the in ten t was thus ind irec tly to bring the University system under the control of the S ta te Superintendent o f Public Instruction (who is ex -o ffic io secre ta ry of the S ta te Board of Education) is not c lea r. W hatever may have been the o rig inal in te n t, an apparent change of pur­ pose developed by m id-summer, for a t the S tate Board meeting on July 16, 1951, M iss G reen 's t i t le was changed back to "Executive Secretary of the U niversity o f M on tana ," w ith her du ties c le a rly defined , as follows:^ (in addition to se c re ta r ia l, s ta t i s t ic a l , and c le rical) 1. Secretary of the Executive Council 2 . Adm inistrative a . R esponsib ilities as custod ian of Student Loan Fund — Montana Bankers A ssociation Edward C . E llio tt Loan Fund b . D uties involved in carrying out regu la tions in regard to the awarding of high school honor scho larsh ips c . D uties as agen t of S ta te Board of Education in regard to app lica tions to the D irector o f Perm its, Bureau of 12 1. MINUTES, ojd. . c i t , , p p . 5821-5822. 2 . Ib id , , pp. 5911-5912. 178 Industria l Alcohol for w ithdrawal of tax -free alcohol for use by the severa l In stitu tions of the U niversity of Montana d . Such o ther du ties as n e ce ssa ry for e ffic ien t function­ ing of the office By action of the 1953 L eg isla tu re , the office of the Executive Secretary w as incorporated into the law regu la ting the operation of the University system , w ith th a t o fficer d irec tly responsib le to the State Board of Edu­ cation . In addition to abolish ing the position of the C hancello r, the 1951 Legislative Assembly a lso made the State Board of Education defi­ n ite ly responsib le for d e ta iled expenditures of the un its of the U niversity o f M ontana. It did th is by p ass ing a d irec tive requiring the Board i ts e lf to determine "the need for a ll expenditu res and for contro lling the pur­ poses for which a ll fund s"1 of the s ta te in s titu tion s should be sp en t. Due to th ese added re sp on sib ilitie s the Board began to hold monthly m eet­ ings in s tead of the four per year sp ec ifica lly required by law . D esp ite th ese add itional m eetings the Board s t i l l found i ts e lf faced by a mounting m ass of d e ta il for w hich i t had in su ffic ien t time or information for ca re ­ ful eva lua tion . More and more the Executive Council w as u sed as a means of sifting d e ta i ls , but w ithout a C hancello r, th is group often ar­ rived a t i ts recommendations through the p rocess of ho rse -trad ing , I . SESSION LAWS OF 1951 , p . 144 . 179 dickering and po litic a l maneuvering. Thus has evolved the Montana System: an experiment in in te ­ grated higher education . Under C hancello rs E llio tt and Brannon, the experiment met w ith en thu s ia s tic accep tance as the answ er to the prob­ lem of dup lication , the menace of in te r- in s titu tio n a l riva lry , and the fru stra tions of p o litica l m anipulating. As p rac tice developed and the newness of the system wore off, en thusiasm w aned, and the system ran into difficu lty w ith the p o litic ans , egged on by lo ca l je a lo u s ie s and overly-am bitious adm in istra to rs. This s itua tion fina lly resu lted in an era of no chance llo rsh ip , an epoch of c a re - ta k e r s ta tu s under the execu­ tiv e secre ta ry of th e U niversity system . In 1940, the failure of the bond is su e and the alm ost failu re of renewal for the millage system of fin anc­ ing the University renewed p ressu re for res to ra tion of the position of the Chancello r. So in 1943 the id e a lis t ic Dr. M elby was ca lled from the p residency of the S ta te University a t M issou la to take over the position of the C hancello r o f the System . But Dr. Melby lacked the patience to s te e r carefu lly formulated po lic ies through the in tr ic ac ie s o f po litic s e ither on th e s ta te lev e l or in lo ca l g roups. Sim ilarly, h is su cce sso r. Dr. S elke, fa iled to s e l l the position of the Chancellor to those whose support was n ece ssa ry if the position were to be re ta ined . These fa ilu res led even tually to th e abolition of th e position of Chan­ ce llo r. In th is manner the cycle revo lved , bringing an end to th e dream 180 of an In tegrated system dom inated by a strong pe rsona lity , a dynamic leader of one University for the en tire s t a te . In i ts s tead there has de­ veloped a new concep t. S till m aintaining the id ea l of one U niversity , the strength of in teg ra tion is now deemed to be in the controls of an a ll-pow erfu l S tate Board of Education, adv ised on e s s e n tia l questions of policy by an Executive Council of the p res iden ts of the un its of the system operating under a system of ro tating chairm anship . Handling the adm inistrative routine of th is in teg rated system is an experienced and capable execu tive sec re ta ry , an officer of the S tate Board of Education. The orig inal dream broke down under the ex igencies of p rac tica l p o litic s . The rev ised dream is in the hands of tim e. CHAPTER IV MISCELLANEOUS PROBLEMS I. FINANCE AND BUDGET Consis ten tly the securing of suffic ien t fin anc ia l support has been a major problem for the U niversity of M ontana. Actually th is prob­ lem has been p resen t ever s in ce the f irs t e stab lishm en t of the s ta te 's educa tional in s t itu t io n s . * Since the major part of fin anc ia l support had to resu lt from leg is la tiv e a c tio n , an over-proportionate time of adm inistra­ tiv e o ffic ia ls had to be devoted to p o litica l intrigue and m aneuvering. In fa c t , a major fac to r in the p ressure for an in teg rated un iversity w as the fee ling tha t the new system would prove le s s of a financ ia l burden to the s t a te , and thus d ecrease the amount of such po litica l m anipulation. For a tim e , as the f irs t Chancello r in s titu ted h is system atic budgetary co n tro ls , cut out much of the unnecessary dup lic a tio n s , and in s is te d on more economy in opera tion , i t seemed tha t th is hope of f i­ nancia l secu rity would be ju s tif ie d . However, as the f irs t World War drew to a c lo se , and studen ts again began to flock to the U niversity units a t the same time th a t a shortage of qualified teachers w as forcing up sa la ­ r ie s , i t w as evident th a t the easem ent of the fin anc ia l problem had resu lted I. I . C f. a n te , pp. 88 -95 . 182 more from the depletion of the studen t body than from the e ffic ien t opera­ tio n of the new system . Thus by la te November, 1919, the fin anc ia l s itu a tion had become so c ritic a l th a t the Executive Council he ld an an i­ mated meeting d iscu ss ing ways and means of reso lv ing the c r i s i s .1 The origin of the c r is is w ent back to the formation periods of the budge ts . In an tic ipa tion of the meeting of the 1919 Legislature the Chancellor had subm itted to the State Board of Education h is e s tim ate s of needs for the seve ra l in s titu tio n s . In the name of economy the State Board had reduced th e se req u e s ts , and la te r the Legislature had made further reduc tion s . Thus, by November, w ith studen t bodies rapid ly increasing under the im­ p ac t of the returning v e te ran s , the un its were faced w ith the need of cur­ ta ilin g a c tiv itie s severe ly un less some means could be found for increased financ ia l support. Among curtailm ent methods d iscu ssed were (I) arb itrary lim ita tion on the adm ission of s tu d en ts , a procedure very d is ta s te fu l to Montanans and of doubtful leg a lity , (2) ac tua l d iscontinuance of such ac ­ tiv it ie s as summer s e s s io n s , the preparatory department a t the agricu ltu ral co lleg e , and some of the p ro fessional schools at the s ta te un ivers ity , and (3) temporary d iversion of build ing appropriations to m aintenance n eed s . As a re su lt of th is m eeting the Executive Council agreed to request the State Board of Education to take the lead in In itia ting two m easures to be I. I . EXECUTIVE COUNCIL MINUTES, November 20, 1919. 183 voted on at the next general e lec tion In November, 1920: 1 . A permanent s ta te levy of two m ills for the m aintenance of the in stitu tion s of the University of Montana 2. A bond is su e of five m illion do llars for the erection of build ings a t the severa l in s titu tion s Should th is p lan be accep tab le to the State Board of Education, the p res i­ den ts agreed th a t perm ission should be requested from the State Board of Examiners for the units to incur n ecessa ry defic iency in the current b i­ ennium to perm it reasonable adjustm ent of sa la ry sch ed u le s . Except for cu tting the amount of the m ill levy to one and one- h a lf m ills , the State Board of Education did go along w ith the recommenda­ tion s of the Executive Council, but made provision for a lloca tion of one-fourth of the amount received from the sa le of any bond is su e for build ings for the use of non -educational in s titu tion s under the control of the State Board of Education. The major motive behind th is la tte r provision w as more to secure the support of th e ir lo ca l communities in the campaign for the bond is su e ra ther than to meet p ressing build ing needs of th ese non—educational in s t itu t io n s . The m ill levy—bond campaign was carried to a su ccessfu l conclusion under the able d irec tion of Professor W . F . Brewer of the agricu ltu ral c o lleg e , 1 e s tab lish in g the p rincip le of a sp ec ia l s ta te -w ide m ill levy as the main source for b ienn ia l appropriations for the University system and of a sp ec ia l bond issu e for e rec tion of build ings as I . C f. an te , pp. 113-115. 184 the la tte r might be needed . University o ffic ia ls soon found , however, th a t although in p rincip le the m ill levy did provide a source of revenue uncomplicated by the n e c e ss ity for p o litica l jockey ing , in p rac tice the fin anc ia l support for the U niversity w as s t i l l u ncerta in . This uncerta in ty . Chancellor E llio tt pointed o u t ,1 w as due to five cond ition s: 1. Depleted condition of the s ta te treasu ry 2. Crop failu re follow ing po ss ib le shortage of rain in the growing season 3. Almost complete reo rgan isation of the State Board of Education 4 . General downward trend of non-academ ic sa la rie s 5 . D isposition of the S tate Board of Examiners to scru tin ize much more c lo se ly than heretofore a ll p lans for expenditures To the p residen ts of the University un its the situa tion w as e sp ec ia lly ag­ gravating because the recen t Legislature had made su ffic ien t appropriation to provide for an average sa la ry in crease of about tw enty per c en t. Yet the a ttitude of the S tate Board of Education as w ell as th a t of the State Board of Examiners w as such th a t i t seemed doubtful th a t the ra is e s would be au thorized . Therefore, a t the suggestion of Governor D ixon, the four p residen ts made p lans to a ttend the April m eeting of the State Board of Education, prepared "to aid in p resen ta tion of ev idence as to the impera­ tive need of immediate action upon sa la ry in c rea se s for the coming y ear. "1 2 1. EXECUTIVE COUNCIL MINUTES, M arch 25 -26 , 1921, pp . 1 -2 . 2. I b id . , p . 3. 185 This meeting of the State Board of Education, prolonged beyond i ts u sua l leng th , d ea lt ch iefly w ith the financ ia l problems of the various in stitu tion s of the University of M ontana, w ith particu la r emphasis upon the sa la ry s itu a tio n . Sound considera tion of th is problem w as made e sp e c i­ a lly d ifficu lt b ecau se of the changed personnel of the Board. Of the e leven members only two — Superintendent of Public Instruction May Trumper and member John D ietrich — had been members a t the la s t m eeting of the Board in December, 1920. W hile there w as a defin ite ev idence of goodwill and a w illingness to coopera te , most of the members were of the same mind as the one who s ta ted th a t "being a new member, he w anted time to fam iliarize h im self w ith the needs of a ll of the in s titu tion s and did not w ish to be hurried . " Yet the s itu a tion w as despera te and action w as urgently needed . As brought out by the various reports of the p residen ts — made d irec tly to the Board at the la t te r 's request — valuab le men in a ll of the in s titu tion s were being lo s t b ecau se of higher sa la r ie s ava ilab le e lsew here . Other equally valuable men were remaining on the sta ffs simply b ecau se of love and loyalty for the in stitu tion s and the hope tha t some way would be found to provide for in crease in sa la ry and b e tte r working cond ition s. How long th e se men would s tay if conditions did not improve w as questionab le . The State Board of Education, desp ite th is re c ita l of sp ec ific c a s e s by the I. I . MINUTES OF THE STATE BOARD OF EDUCATION, Vol. IV, p . 712. (The complete d iscu ss io n of th is financ ia l s itu a tion is on pages 706-719 .) J186 p re s id en ts , refused to be stampeded in to ac tion . Acutely conscious of the condition of the s ta te trea su ry , they preferred to take th e ir time before making any dec is ion and voted to hold an adjourned meeting on April 25 for further considera tion of the problem . They d id , however, se le c t a sp ec ia l committee of three who were charged to s i t for two days prior to the adjourned m eeting to hear the recommendations of the Chancellor and the p residen ts in regard to s a la r ie s . F ina lly , a t th is adjourned meeting on April 25, the S tate Board did accep t the recommendation of i ts sp ec ia l comm ittee, which required $46,900 more than had been paid for sa la r ie s the previous y ear, but which w as s t i l l only about one -ha lf of what had been requested . * Confronted by th is fin anc ia l s itu a tio n , the unit p residen ts con­ tinued to seek a p rac ticab le so lu tion tha t would provide for ample support w ith which to pay sa la r ie s su ffic ien t to hold valuable s ta ff m embers. At th e ir Executive Council m eeting in August, 1922 — th e ir la s t meeting w ith Chancellor E llio tt , who had resigned to accep t the position as p re s i­ dent of Purdue University — 2 th ey came to the conclusion th a t i t would be fu tile "to ask for any large in c rease over p resen t app rop ria tions, desp ite the p ressu re of rap id ly increas ing enrollment and the g rea ter 123 1. MINUTES, op . c l t . , pp. 736. 748. 2. C f. an te , pp . 115-116. 3. EXECUTIVE COUNCIL MINUTES, April 14 -15 , p . I . 187 burden of fixed charges resu lting from recen tly enlarged physica l p lan ts . They fe lt that even if they were su cce ss fu l in securing in c rea se s from the L eg isla tu re , "revenue would not be av a ilab le . " As a re su lt of th e ir d iscu ss ion a t th is m eeting they apparently decided on a course of ac tion . This action favored a jo in t le tte r from the four p res iden ts — C . H. Clapp of the S tate U niversity , Alfred A tkinson of the S tate C o llege , G. W . Craven of the School of M ines , and S. E. Davis of the Normal College — analyz­ ing the financ ia l s itua tion and explain ing the lack of su c ce ss of the m ill levy as the source for financ ia l support. This le tte r was p resen ted to the meeting of the S tate Board of Education in September, 1 922 .1 The lack of su c ce ss of the m ill levy , the p res iden ts m ain tained , w as due primarily to three fac to rs; 1 . The decrease in the s ta te 's a s s e s s e d valuation since 1920 2. The rapid rise of enrollment in the in s titu tio n s 3. The in c reased c o s ts , e sp ec ia lly in regard to sa la rie s In 1920, a t the time th a t the m ill-levy princip le w as adopted by the peop le , the expected a s s e s s e d va lua tion of the s ta te exceeded $600 ,000 ,000 . Such a valuation should y ie ld a tax incom e, by the adopted m ill levy , in ex cess of a m illion do llars for the biennium . Actually in 1922 the a s s e s s e d valuation had decreased to about $475 ,000 ,000 , which would I . MINUTES, op . c i t . , p . 928. 188 provide a tax y ie ld , le s s delinquent ta x e s , of le s s than $700 ,000 . The conclusion of th e ir le tte r w as th a t if the University system were to be held to the mill levy as i ts main source of incom e, the maximum number of studen ts tha t it could accommodate w as 2500, and th a t no summer school could be supported . Bringing out the e ffec t of inadequate financ­ ing on the reten tion of f irs t- ra te te a c h e rs , the communication revealed th a t during 1921-1922, the U niversity of Montana lo s t s ix teen per cen t of its b e s t teachers to o ther co lleges and to p ro fessional work. The le t­ te r continued;^ If th is p rocess is con tinued , the U niversity w ill rap id ly become the refuge for the p ro fessiona l incompetent, and such persons should not be the d irec to rs of the in te llig en t youth of the s ta te . In response to th is le tte r the S tate Board of Education appointed a sp ec ia l comm ittee, w ith in structions to report a t the next m eeting of the Board w ith a sta tem ent th a t could be c ircu la ted so as to “acquain t the public w ith the ac tu a l needs of the U niversity and the public schoo ls of 2M ontana ." At th is m eeting , he ld "December 5 , 1922, the prepared s ta te ­ ment w as approved. M aintain ing th a t the current system of financing public education had broken down to such an ex ten t th a t a decided change in means of support w as needed , the S tate Board of Education recommended 12 1. MINUTES, op . c l t . , p . 951. 2. Ibid. 189 "the removal of the serious Inequa lities in educa tional opportunities as w ell as in tax bu rd en s . 1 1 * It further advocated provision for new tax re­ venues for the s ta te so as to make po ss ib le the lowering of sp ec ia l d is tr ic t lev ies as w ell a s leg is la tio n perm itting "app lica tion of b e tte r business p rincip les in school m anagement. Apparently the Legislature fa iled to sa tis fy the in ten t of th ese moves by the Executive Council and the State Board of Education, and in fac t hampered somewhat th e ir freedom of ac tion . At the Executive Council m eeting in M arch, 1923, held after the adjournment of the L eg isla tu re , the p residen ts "d iscu ssed a t length" the 1923-1925 Appropriation B ill, and e sp ec ia lly the im plications for the U niversity System in i ts lim ita tions of expenditures in sec tion 3 of th a t B ill .3 By th is se c tio n . General Fund appropriations could be used only "as is n ece ssa ry to make up the maximum appropriation a fte r f irs t exhausting the corresponding Revolving Appropriation a cco un ts , In te rest and Income Fund A ccounts, and any and a ll o ther fund accounts from which payment may be made for the benefit of the in s titu tion hereinabove sp ec ified . " The U niversity System continued to fee l fin anc ia l s tre s s throughout the tw en tie s . In April, 1925; w ith a new Governor and a 1. MINUTES, op. c l t . , p . 954. 2. Ibid. , p . 955. 3. SESSION LAWS OF 1923, p . 572. 190 new A ttorney-General on the State Board of Education, emergency conditions were reflec ted in the vote tha t "no expenditures of money should be author­ ised at th is m eeting , excep t for s tr ic tly emergency pu rposes. This State Board further se t up a committee of th ree , appointed by the Governor, to which a ll requests for expenditures had to be referred . The committee w as required to furn ish each member of the Board a sta tem ent of i ts recom­ mendations "not le s s than one week before the next m eeting . " Apparently in July of th is year the State Board of Education cut ac tua l budgets for the U niversity un its below those approved by the L eg isla tu re , for a t the State Board meeting in October, 1925, the State College requested re le a se of $14,000 of i ts $25,000 cu t, giving in c reased enrollment as the b a s is for 2th is reques t. During d iscu ss ion of the c o s ts of the system in th is State Board m eeting. Chancello r Brannon mentioned tha t the University accoun t- lng system'* "co s ts the S tate U niversity seve ra l thousands of dollars an­ nually which ought to be saved by the sub s titu tion of an e ffic ien t and more econom ical s y s tem ." D istegarding th is critic ism by the C hancello r, the State Board, after review ing charges of ex travagance th a t had been w idely pub lic ized , appointed a committee of three to work w ith the Chan­ cello r in a study of the overhead expenses of the four un its "with the 1 1. MINUTES, op . c i t . , p . 1125. 2. I b id . , p . 1205. 3. I b id . , p . 1206. 191 express purpose of working out some plan whereby the operating expenses could be reduced . This committee reported on April 5 , 1926 ,1 2 th a t after Investiga tion of the adm inistrative machinery at M ontana State University , i t had "found no sing le item tha t they were prepared to recommend should be e lim inated . " The committee further commented th a t i t w as "impossible for an ou tsider to come into any b u s in e ss or in s titu tio n and recommend in­ te llig en tly wherein the co sts could be e lim inated . " Following th is oral report, a member of the Board demanded tha t the committee should make a w ritten report, giving i t the "same pub lic ity which had been given the charges of ex travagance . . . (which he) w as su re . . .w ere en tire ly unwar- • i ran ted . " Following th is d iscu ss io n , the S tate Board voted to take no fur­ th e r action toward cu tting co s ts un til a fte r it had received the w ritten report of i ts comm ittee. During a ll th is time there was considerab le ag ita tion over the e fficacy of the one and one-ha lf m ill levy as the main financ ia l support of the U niversity System . In fa c t , during part of the period , the Univer­ s ity had had to share part of the income from the m ill levy w ith o ther s ta te in s titu tion s under the control of the S tate Board of Education. This d iversion of m ill levy income was a tta ck ed so strenuously at the October, 1. MINUTES, op . c i t . , p . 1207. 2. I b id . , p p . 1245-1246. 192 1925/ S tate Board m eeting , to which reference has a lready been m ade, tha t Governor Erickson s ta te d that he favored referral of the m atter to the State Supreme Court, and th a t , if the S tate Supreme Court ag reed , he had "no objection to the use of the en tire proceeds from the one and one-ha lf m ill tax" for the educa tional in s t i tu t io n s . 1 Later, a t the December, 1925, S tate Board of Education m eeting. C hancellor Brannon reported th a t a t a conference w ith the S tate Board of Exam iners, i t w as decided to bring a friendly su it to determ ine w hether the "proceeds of the one and one-ha lf m ill tax could lega lly be used for any departments o ther than the four te a ch - 2ing un its . ” As a re su lt of th is su it the Supreme Court ru led aga in st th is d iversion p rac tic e , but even w ith th is re lie f the sp ec ia l m ill tax levy w as in su ffic ien t to meet the needs of the University u n its . This inade­ quacy became so acu te by September, 1926, th a t the C hancello r sought un successfu lly from the S tate Board perm ission to request a larger appro­ priation from the Legislature for 1927-1929 th an the amount th a t would be po ss ib le under the m ill levy a lon e . However, although the Board would not go along w ith the p lan for securing o ther fin anc ia l support, it d id , for the f irs t tim e , appoint a committee to a s s i s t the Chancellor in preparing 4 the budget. This maneuver w as fo rtuna te , for excep tional d ifficu lty w as 1234 1. MINUTES, op . c i t . , p . 1207. 2. I b id . , p . 1223. 3. MONTANA REPORTS 75: p . 458. 4. MINUTES, op . c i t . ., p . 1303. 193 experienced w ith the 1927 L eg isla tu re , and i t is questionab le th a t any workable budget would have p assed a t a l l , had there not been th is aid from the State Board of Education. * The C hance llo r 's report to the State Board on April I , 1929, in d ica te s th a t the 1929 Legislature w as more friendly — a s itua tion tha t he s ta te s w as la rge ly due to the work of the State Board of E d ica tion . In th is rep o rt, he comments th a t th is a c tiv ity on the part of the Board 1. Did away w ith the id ea th a t the Board w as ju s t a "rubber stamp" 2. Brought out the fac t th a t h igher education has a body of con stitu tiona l officers who are concerned w ith the development of higher education 3. Led to cooperation on the part of the Appropriations Committee of the House w h ich , a fte r receiv ing correct information, added $10,000 to the U niversity appropri­ ation . M eanwhile , because the au thorisa tion for the sp ec ia l m ill levy in 1920 was for only ten y e a rs , i t became n ecessa ry to plan another cam­ paign , if th is method of financing the U niversity system w as to be con­ tinued . As in 1920, it w as decided to combine w ith the m ill levy a pro­ posa l for a bond is su e of $3 ,000 ,000 for the e rec tion of build ings at the s ta te in s titu tio n s . Again, as in 1920, the bond proposal included cu stod ia l as w ell as educa tional in s titu tio n s . M oreover, as a re su lt of the inadequacy of the one and on e -h a lf m ill levy which had led to something like $3 ,000 ,000 I. I . MINUTES, op . c l t . , p . 1318. 194 in outstanding reg is te red w a rran ts , 1 the request in 1930 w as for a sp ec ia l three m ill levy , ju s t double tha t requested in 1920. Some d ifficu lty w as experienced in securing a campaign m anager,^ but fin a lly W . M . Johnston, a prominent B illings attorney and former member of the S tate Board of Education consen ted to accep t the po sition . The campaign w as su cce ss fu l for both the m illage and the bond s, ^ insuring financ ia l support for the next te n years and erec tion of the more urgently needed bu ild ings. However, by the spring of 1932 the e ffect of the na tional econ­ omic dep ression w as very defin ite ly fe lt in M ontana, where drough condi­ tion s only magnified the se rio u sn ess of th e s itu a tio n . Reactions were m anifest in the State Board 6f Education, where hea ted arguments re la tiv e to the University budget for 1932-1933 were unde rw ay . D efinite fee ling w as p resen t th a t there should be an effort to reduce the co st of government in a ll departments b ecau se of the dep ress ion and the decreased incomes of tax p ay e rs . Board members supporting th is view ca lled a tten tion to the re ­ duction of income suffered by p rac tica lly everyone, during the p a s t two y e a rs , excep t sa la ried o ffic ia ls and employees of the federa l government, s ta te s , coun tie s , m un ic ip a litie s , and school d is tr ic ts . Specifica lly they s ta ted th a t probable revenue from the U niversity M illage Fund for 1932-1933 123 1. Henry H . Swain, ADDRESS, August 21 , 1930, pp . 3 -4 . (Reprint in office of Executive S ecre tary , University of M ontana.) 2. EXECUTIVE COUNCIL MINUTES, November 23, 1929, M arch 29, 1930. 3. MINUTES, op . c i t . , p . 1674. 195 (because of unpaid ta x e s , e tc .) would be approximately $300,000 le s s than the appropriations made by the 1932 L eg isla tu re , w ith the re su lt th a t University w arrants would have to be reg is te red "for want of su fficien t funds" if budgets equal to the appropriations were approved. Those lead ­ ing the fight for a reduced budget in line w ith a c tu a l income ca lled a tten ­ tion to the a ttitude of bankers toward reg is te red w a rran ts , an a ttitude which would mean a probable d iscoun t of such w a rran ts , w ith consequent lo ss of revenue to the U niversity em ployees. M oreover, such reg is te red w a rran ts , as a future obligation aga in st U niversity fu nd s , would handicap the se tting up of future budg e ts . Accordingly th is group fought vigorously for a reduction of the U niversity budget to an amount equal to an tic ipa ted ac tual incom e. * Against th is point of view w as th a t p resen ted by the Chancellor on behalf of the respec tiv e u n its . The S tate Board of Education w as re­ minded of commitments made by the respec tiv e un its a t the beginning of the biennium — commitments made in the supposition th a t the amounts se t by the Legislature would be au tho rised , e sp ec ia lly s ince the Legislature i ts e lf had reduced appropriations below tho se authorized for 1931-1933 .1 2 Moreover, the Chancellor rem inded the Board of Education th a t an 1. MINUTES, op . c i t . , pp . 1817-1820, 1824-1826. 2. I b id . , p . 1818. 196 additional cut of over $50,000 would resu lt from lo ss of income from land endowment. Supporting the view th a t members of the Legislature expected the University un its to u se the fu ll appropriations for 1932-1933, the Chancellor read le tte rs "from five sen a to rs , one of whom w as the chair­ man of the Finance and Claims Committee, and four rep re sen ta tiv e s , one of whom was chairman of the Appropriations Committee, for the 1931 Legis­ lature , adv ising th a t i t w as th e ir indiv idual b e lie f th a t the members of the Legislature expected the State Board of Education to u se a ll of the appropri­ ations made for the University un its if i t were found n ece ssa ry to do so in order to secure reasonab ly e ffic ien t se rv ice for the s ta te . The Chan­ cello r a lso emphasized the in crease in a ttendance of approximately ten per cen t in the respec tiv e un its of the U n iversity , and the sp ec ia l addi­ tiona l expense for the State Normal College in i ts adoption of a fou r-year degree program , follow ing the mandate of the 1931 Leg isla tu re . The determ ined effort of the “economy-minded" group in the March S tate Board of Education m eeting re su lted only in a caution to the indiv idual un its to "make every po ss ib le effort to reduce th e ir expenditures so as to save a ll po ss ib le funds during the y e a r ," while using the L eg isla­ tive appropriations as a b a se for th e ir nex t y e a r 's p ro p o sa ls .^ However, 12 1. MINUTES, op . c l t . , p p . 1817-1818. 2. Ib id . , p . 1819. 197 when the State Board met In April for the f in a l adoption of the University budge t, severa l o ther members had swung to the point of view of the "economy" group. Though unwilling to go along w ith a p roposal for a f la t ten per cen t reduction in a ll s a la r ie s , they did approve a reso lu tion requesting an approximately ten per cen t reduction in a ll budgets from the leg is la tiv e appropria tions. They a lso in structed the Chancellor to notify the p residen ts of the respec tiv e un its th a t facu lty con tracts would not now be renewed for the next year "on the p resen t sa la ry b a s is , but tha t they w ill be renewed a t a la te r d a te , a t which time the sa la r ie s w ill be fixed . " I They further in struc ted the p residen ts to notify a ll of th e ir facu lty members of th is action before April 15, 1932, a fte r w hich date facu lty con­ tra c ts would have been au tom atically renewed. F ina lly , the p residen ts were in struc ted to subm it to the July, 1932, m eeting of the State Board of Education, through the C hancello r, new budgets "showing how they in tend to meet the ten per cen t reduction . " By 1933, the "economy" movement had sw ept in to the L egisla­ tu re , impelled e sp ec ia lly by Representative Ray Shannon, chairman of the House Committee on Appropriations. Under h is influence the appropri­ ation for the U niversity system w as held to two and on e -h a lf m ills , the other on e -h a lf m ill being se t a s id e for the redemption of reg is te red w arrants 1 1. MINUTES, op . c i t . , p . 1826. 2. Ibid. 198 from the 1931-1933 biennium . In add ition , provision w as made for about tw enty per cen t delinquency in ta x e s . Accordingly the to ta l U niversity budget w as se t a t $700 ,000 , an amount wholly inadequate to meet i ts needs Northern M ontana College, e sp e c ia lly , w as d is sa tis f ie d w ith its orig inal a lloca tion by the State Board, seek ing add itional funds on the b a s is of i ts lack of income from land grants or federa l so u rc e s . A strenuous fight en­ sued in which the State Board, defeated in i ts attempt to secure add itional funds from the Legislative Committee, fin a lly gave in to the Havre unit by deducting p ro -ra ta from the o ther un its "the $7,000 required by the Board members from the northern part of the S ta te . As w as the c a se in 1927, th is 1933 Legislature w as no tab ly h o s tile to the U niversity u n its . So h o s tile was i t th a t only by the most ardent efforts were the friends of higher education able to obtain re ten tion of a fa ir budget and o ther item s v ita l to the continuance of the U niversity . This s itua tion is re flec ted by the vote of thanks extended on April 3 , 1933, to M r. J. Howard Toole, a member of the Board, ^ for va luab le a s s is ta n c e re n d e red .. . in the la s t leg is la tiv e se ss io n in connection w ith ra is ing the m illage levy one-ha lf m ill, p revent­ ing the lowering of th4 evaluation of rea l e s ta te from th irty to twenty per c en t, sav ing the residence h a ll a c t , preventing the abolition of the e a s te rn and northern u n its , and o ther m atters of v ita l importance to the U niversity . 12 1. MINUTES, op . c l t . , p . 1944. 2. I b id . , I . 1951. 199 An upward trend seemed to be under way In April, 1935, when the State Board of Education ra ised the sa la rie s of the p res iden ts of the units five per c en t, and the facu lty sa la r ie s to some deg ree . But two years la te r , a t the April, 1937, State Board of Education meeting Executive Sec­ retary Swain of the U niversity in a le tte r to the Board1 ind ica ted tha t the leg is la tu re had fa iled to go along w ith the requested budget p lan for a " sub s tan tia l res to ra tion of sa la r ie s toward the figures in e ffect before the d ras tic sa la ry reductions made in 1932. " Although request had been made for an increase of $191,810 over the budget a llo tted for the current year (1936-1937), the Legislature had granted an in crease of only $12 ,875 , excep t for ear-m arked funds. As a re su lt no general sa la ry in c reases were po ss ib le for members of the University facu lty . Illu s tra tiv e of the d is in te ­ grating e ffec t of the s ta te po licy w as the s itu a tio n a t M ontana S tate Col­ leg e , where President Atkinson noted th a t p rac tica lly every man in the ag ricu ltu ral d iv ision had been offered opportunities to move at a much higher sa la ry than th a t availab le a t M ontana State C o llege. "Fortunately , " he s ta te d , "only one man accep ted the o ffer, but the men stayed only be­ cause they prefer the type of life here and not b ecau se the sa la r ie s were on a competitive b a s i s . . . I find tha t we have lo s t tw en ty -five facu lty mem­ bers since 1933 b ecau se they went to more remunerative p o s itio n s . The I . MINUTES, op . c i t . , p . 2583. 200 aggregate of the ir beginning sa la r ie s in th e ir new positions w as an in ­ c rease of 47 .2 per cen t, Montana State College budget troubles continued to be so severe th a t for the f is c a l year 1938-1939, Dr. S trand, who had succeeded to the presidency of M ontana State C o lleg e , found it n ece ssa ry to request each member of the facu lty to make a voluntary contribution of a certa in percen t­ age of h is sa la ry . This w as done on a " re lease" by which deduction would 2 be made each month. Basis for th is assignm ent w as a s fo llow s; Salary of 1500 to 2100 — reduction of 3% Salary of 2101 to 2800 — reduction of 4% Salary of 2801, up — reduction of 5% By 1939 the Legislature w as asked to provide a " sp ec ia l appropriation from the general funds of the s ta te to p ro tec t the physica l p lan ts of th e Univer- O s ity of Montana from further de te rio ra tion . " This req u e s t, like others 123 1. MINUTES/ op . c i t . , p . 2583. 2 . I b id . , p . 2757. The " re lease" read as fo llow s; As a member of the facu lty of M ontana State C o llege , I apprecia te the d ifficu lty th a t P resident S trand, through no fau lt of h i s , has in making a balanced budget for the coming year. Even by cu tting departm ental appropriations to the b a re s t oper­ ating b a s is , he w ill have in su ffic ien t funds to balance the budget. Thus, exp ressing my confidence in President S trand, I a ss ig n to Montana State College $____ from my sa la ry for 1938-1939, and authorise the College trea su re r , A. A. Cameron, to deduct one- ten th of th is amount from my sa lary w arrants each month for the months of September, 1938, to June, 1939. Signed;___________ . (While a ll members of the facu lty did sign th ese " re le a s e s , " P resident Strand la te r w as able to reorgan ise h is budget so tha t no ac tu a l deductions were m ade.) 3 . I b id . , p . 2843. 201 before I t , fe ll on deaf e a rs . In 1940 it was n ece ssa ry to secure new au thorization for the m ill levy which had been approved for ten years in 1930. The 1939 Legislature had voted for a th ree and one-ha lf m ill levy . By in it ia tiv e , approval was a lso sought for build ing bonds for Montana State C o llege . As in 1920, th is campaign w as d irec ted by Professor W . F. Brewer of M ontana State C o llege . * The bond is su e was de fea ted , but the m ill levy carried by a narrow m ajority . ^ Alarmed by the narrow squeeze in 1940, the S tate Board of Edu- ca tion on July 24, 1944, followed Professor Brewer's recommendation th a t request be made to the Legislature for the next campaign to be held in 1948 in s tead of in 1950, as would be the normal p lan . W ith the favor­ able majority for the m ill levy decreasing w ith every e le c tio n , defeat for the levy seemed highly p o ss ib le . An early d ec is ion by the people would give time for planning for o ther financ ia l support, should such o ccu r. Thus a t th is m eeting in July, 1944, the S tate Board appointed a sp ec ia l committee to report in September in regard to po ss ib le p lans for the cam­ paign . However, the m ixed p o litica l s itu a tio n involving President Melby and h is re la tionsh ip to the S tate Board^ undoubtedly ac ted as a de terren t 1 1. C f. an te , pp. 154-55. 2 . MINUTES, op . c i t . , p . 3286. (Professor Brewer's repo rt, pp . 3294-95 .) 3 . Ibid. , p . 3996. 4 . C f. an te , pp . 162-68. 202 to action at th is tim e, for no o ffic ia l report w as made to the Board. The new Chancellor in 1946, Dr. George A. S e lk e , proposed to the State Board of Education on December 9 , th a t au tho risa tion for a referendum "not to exceed eight m ills" be requested from the 1947 L eg isla tu re , w ith each Legislative Assembly given the power to fix the exac t levy up to th a t amount. W hile no action was taken by the State Board on th is p roposa l, influence of the Board members in the 1947 Legislature a ided in securing approval of a referendum in 1948 for a s ix -m ill levy for support and for a bond is su e of $5 ,000 ,000 for the erec tion of build ings a t the various Uni­ ve rs ity u n its . Albert Erickson of G reat Falls w as appointed manager of th e campaign. W ith supporters very defin ite ly aroused by the narrow mar­ gin of su cce ss for the m ill levy in 1940, coupled w ith the defeat of the build ing bonds, thorough organization w as po ss ib le in every county , and both referendums carried by a b e tte r than th ree to two margin. * . M eanwhile a fte r 1940 budget d ifficu lties continued to plague the V University u n its . Foremost among th e se w as th a t of finding some way to resto re the former sa la ry sch ed u le s . This problem w as forcib ly ind icated by President M elby before the State Board of Education meeting on April 13, 1942:1 2 1. MINUTES, op . c l t . , p . 5177. 2. I b id . , p p . 3496-3497. 203 A major problem Is the m atter of an attempt a t res to ra tion of the former sa la ry schedu le . It is feared th a t if the p resen t low sa la rie s con tinue , i t w ill be im possible to get f irs t c la s s in structo rs and th a t i t w ill be n ece ssa ry for M ontana to accep t teache rs who have been d iscarded by o ther in s t i tu t io n s . . .As a general r u l e . . .to in c rease sa la r ie s about five per cen t w ith such m atters as com petence, length of s e rv ic e , and the previous sa la ry ra te being c o n s id e re d .. . I t would probably be po ss ib le to take ad­ vantage of the p resen t w ar s itu a tio n to streng then the facu lty per­ sonnel of the U niversity . In view of p o ss ib le decrease in en ro ll­ m ent. . . in some in s tan ces of retirem ent or res igna tion it would not be n ece ssa ry to f i l l a ll v a can c ie s , thereby making it possib le to in c rease sa la r ie s s t i l l more. By combining some of the work of various departm ents, it may be po ss ib le to accumulate enough funds to bring into the U niversity leadersh ip to streng then weak departments so th a t a t the end of the war i t is hoped th a t the University w ill be in a b e tte r position than at the beginning of the w ar. Unquestionably i t w as th is general budget condition — e sp ec ia lly during World War II, when some un its were experiencing th e d ifficu lty of inade­ quate finances while o thers had a su rp lus of funds— th a t led to Dr. M elby 's leadersh ip in the plans for an o v e r-a ll budget for the u n its . The S tate Board of Education, according to th e se p lan s , would have authority to tran sfe r funds as n eeded , up to a certa in percen tage of the o rig inal budge t, but Dr. M elby 's proposals even tually co s t him the support of the o ther un its I and of the controlling groups in the L eg isla tu re . A major fac to r in th is problem of inadequate fin anc ia l support for the U niversity of M ontana w as failure to secure the n ece ssa ry appropria­ tion s from the L eg isla tu re . The non-appropriation funds in the budget for I. I . C f. an te , pp . 166-167. 204 any un it, including income from the land grants where a v a ila b le , were only a minor source of incom e. Thus each biennium it w as n ece ssa ry to go before the Legislature through committees often ho stile in a ttitude to secure the n ecessa ry funds for opera tion . N aturally th is s itu a tion led to the p o litica l maneuvering, the swapping of v o te s , the jockeying for po sition , th a t charac terized most of the leg is la tiv e se s s io n s before the organization of the University sy stem . W hile i t w as the hope of the pro­ moters of th is system tha t formation of an in teg rated system would put an end to th is type of e ffo rt, by 1920 it w as c lea rly apparent th a t no rea l change had taken p la c e . For th a t reason the m illage tax p lan was ad­ vanced , the hope now being th a t w ith such a source of income guaranteed for the support of th e U n iversity , no tapping of the S ta te 's G eneral Fund would be n e ce ssa ry , and po litica l m achinations out-m oded. However, th is a sp ec t of the p lan w as never su c c e ss fu l. The financ ia l s tra in s caused by the dep ressed economic conditions of the tw en ties and th ir tie s tempted po litic ian s to d ivert part of the m ill levy income to the support of non-educational in s titu tio n s . At the same time unexpectedly high en ­ rollments added to the fin anc ia l burden of th e University u n i ts , forcing them to seek supplem ental support from the Legislature beyond th a t offered by the m ill levy and the land grant income. The id ea l of a non -po litica l source of income was never ach ieved . Action by the 1941 Legislature in p a ss ing the so -c a lled " jack -po t b ill" — House Bill Number 10 — aggravated 205 an already ten se s itu a tio n . Previously the U niversity un its a t le a s t had not had to b a ttle for funds w ith the public sc h o o ls , for the la t te r , for the most p a rt, received th e ir s ta te support from earmarked funds. This 1941 Legis­ la tive ac tio n , however, changed a ll th is . Now p rac tica lly a ll income to the s ta te excep t land grant money and a few very sp ec ia liz ed funds u sua lly of a temporary na tu re , was deposited to the General Fund. * Thus a ll agencies of government, of w hatever n a tu re , were forced to seek appropri­ a tions out of the one G eneral Fund, the " jack -po t. " The b i l l , when in ­ troduced into the H ouse, aroused a tremendous furor throughout the S ta te , and w as b itte rly fought in the L eg isla tu re . Yet f in a l v icto ry went to the exponents of the one cen tra l fund a s th e source for app rop ria tions. Now the University u n its , in th e ir se a rch for adequate income had to b a ttle w ith the public schools as w ell as w ith non-educational agencies of government. Each L eg islative se s s io n they had to d ea l w ith po litic ian s who, while not always ho stile to higher educa tion , were u sua lly more favorably d isposed to consider the p ress ing needs of o ther governmental a g en c ie s . Contributing to th is a ttitude in the Legislative se s s io n s w as the University u n its ' d ifficu lty of providing accu ra te and sa tis fac to ry in ­ formation to the n ece ssa ry comm ittees. Sometimes th e ir problem was one of providing counter-inform ation to th a t fu rn ished by such economy-minded I. I . SESSION LAWS OF 1941, pp . 16 -21 . 206 groups as the M ontana Taxpayers A ssoc ia tion , which often p resen ted i ts da ta on the University system in such a manner th a t the in ferences were detrim ental to the U niversity u n i ts , convincing the leg is la to rs th a t much w aste and ex travagance w as p resen t in the operation of the u n its . More often the units were obliged to convince members of the Legislature as to the urgency of U niversity n eed s . As a p a rtia l so lu tion for th is problem of providing sa tis fac to ry information as w ell as that of avoiding ba ttling for funds betw een the Uni­ v e rs ity un its and the public schoo ls , M . P. M oe, ex ecu tiv e -sec re ta ry of the Montana Education A ssoc ia tion , suggested to the State Board of Education at i ts m eeting on December 18, 1944,* th a t the State Board of 2 Education jo in w ith s ix o ther o rgan izations in te res ted in education to form a "steering" committee to a s s is t in obtaining the enactm ent of d e s ir­ able educational le g is la tio n . " Moe m aintained th a t if th e se groups could agree and ac t together it would "elim inate much confusion and overlapping and in the end bring more su cce ss fu l r e s u l t s . " Although the S tate Board at th is time took no ac tion on th is req u e s t, i t la te r , in 1956, voted to cooperate w ith the M ontana Education A ssociation when its then executive 1 1. MINUTES, op . c i t . , pp . 4087-4088. 2. State Congress of Parents and T eachers, Montana Education A ssocia­ tio n , M ontana Federation of T eahhers, M ontana School Boards A sso­ c ia tio n , State Department of Public In struc tion , State Teachers Retirement Board. 207 sec re ta ry , D . D. Cooper, suggested conso lida tion of efforts by varying lev e ls of education — elem entary , secondary , higher — to "present a unified educa tional program and its needs to the people of the S ta te . This problem of providing adequate and accep tab le information to the Legislature w as particu larly acute during the years when no Chan­ ce llo r w as employed. For the 1943 se ss io n the S tate Board of Education V decided on the follow ing procedure as the most e ffec tive method of pre­ senting the fin anc ia l needs of the U niversity system :^ 1. Each p residen t to appear before the proper sub­ committee to p resen t h is support of the budget 2. R epresentatives of sub-comm ittee urged to v is i t each in s titu tio n 3. Arrangements to be made to have the p residen ts and such members of the S tate Board as could a ttend ap­ pear before the fu ll Appropriations Committee of the House and the Finance and Claim s Committee of the Senate in jo in t s e s s io n By the time of the 1945 se ss io n the problem of adequate financing w as particu larly acu te because the in c rea se s in the requested budget for the U niversity system made it n ece ssa ry to dip in to the General Fund, s ince the sp ec ia l m ill levy income w as far from enough to provide the needed funds. At th is time the S tate Board of Education se t up a committee of five members to serve as a con tact body for the p resen ta tion of U niversity 1 1. MINUTES, op . c i t . , p . 7994. 2. I b id . , p p . 3662-3663. 3. IbidU , p . 4103. ("Three ex -o ffic io members of the Board and two ap­ pointive members to be named by the P residen t. ") 208 matters to the proper leg is la tiv e comm ittees. It a lso authorized Dr. M elby , "Executive Officer" for the Executive Council, to "be in H elena during the Legislative se ss io n when he considers i t n ece ssa ry and th a t th e p res i­ dents be in a ttendance when ca lled in by the leg is la to rs . During the regime of Dr. Selke as C hancello r, no attem pt was made to follow up th is committee procedure , but ea rly in 1952 the State Board of Education revived the p lan , now affecting a committee composed en tire ly of appointive members. ^ This "budget comm ittee" w as in struc ted to "work w ith the P residents of the U niversity Units in the preparation of University budgets to be subm itted to the L eg isla tu re . " The plan worked so sa tis fa c to rily , both to the State Board and to the L eg isla tu re , th a t the 1953 Legislature incorporated it into the law . In 1954 the Committee, appointed th is time in M ay, met w ith the P residen ts on July 13. Then, after thorough d iscu ss io n w ith them of the proposals made by the Execu­ tive Council, the Budget Committee excused the Presiden ts and inde­ pendently decided upon recommendations for the L eg isla tu re . Opportunity w as given to each p res iden t to meet separa te ly w ith the Committee to d is ­ cu ss the amended budget request in so far as i t a ffected h is own schoo l. L ater, on August 16, the Comm ittee-sponsored budget request w as approved 1 1. MINUTES, op . c l t . , p . 4109. 2. I b id . , p . 6227. 209 by the entire State Board of Education and pub lic ity promoted by the State Board. ^ During the 1955 Legislative se ss io n th is Budget Committee of the State Board of Education worked ac tiv e ly w ith the sub-comm ittees on Uni­ ve rs ity appropriations to insure re a l understanding of U niversity n e e d s . A sim ilar p lan w as in p rac tice in 1957. So su cce ss fu l w as th is p lan in 1957 th a t even though the budget request w as more th an double th a t of the previous biennium , it was adopted as requested , almost unanimously, by the L eg islature . The 1955 Legislature a lso changed the regu lation in regard to s ta te fee s co llec ted by the U niversity un its so th a t any unit could use a ll fees co llec ted from s tu d en ts . Previously the p rac tice had been to se t a ce lling in the appropriation beyond which a ll fees co llec ted accrued to the benefit of the General Fund of the State ra ther th an to the in s titu tio n . In an era of increas ing en ro llm en ts , th is p lan worked a hardship on the units which tried to estim ate c lo se ly in regard to enrollment t re n d s , for if the number of studen ts exceeded such e s tim a te s , ex tra income w as not av a il­ able even though co llec ted in fe e s . Accordingly the tendency had been to over-estim ate p rospects of future enrollm ent. W ith perm ission granted the un its to use a ll fe e s co llec ted from s tu d en ts , th e ir p red ictions of future enrollment became more re a l is t ic . 1 1. MINUTES, og._cit_., p p . 7243-7244; 7250-7252. 2. SESSION LAWS OF 1955, p . 847. (Provision for Eastern Montana Col­ lege of Education — same provision for a ll o ther u n its .) 3 . MINUTES, 0£._cit_., pp . 7893-7894; 7930-7941; 7972-7979. 210 Early in 1956 the excep tional financ ia l s tre s s e s of the University units were p resen ted to the S tate Board of Education by the Executive Council, together w ith a request for pa rtia l re lie f to be gained by means of ra is ing the amount for s ta te fees paid by s tu d en ts . After considerab le d iscu ss io n , the State Board of Education recommitted the request to the Executive Council for further study . Later, a fter s t i l l more d iscu ss io n , the Board adopted the p lan , which provided for the same reg is tra tion and inc iden ta l fee s in a ll un its of the U n iversity . This provision approxi­ m ately doubled the fees in the sm aller un its and gave a very considerable increase to the o th e rs . This emergency ac tion , h ighly c ritic ized a t the time by members of the Legislature and the lay pub lic , and even by at le a s t one p residen t of a U niversity unit — Rush Jordan of W estern Montana College of Education — enab led the in s titu tio n s to hold th e ir s ta ffs un til more permanent re lie f w as afforded by the new budgets for the biennium 1957-1959. ' Thus, a fte r forty years of operation the U niversity of Montana had not found a continuing b ase of fin anc ia l support on which to develop long-range po lic ies to insure qualified in structo rs and accep tab le working cond itions. For such a base the sp ec ia l m ill levy on property had proven inadequate . To guaran tee su ffic ien t income from such a b a s e , in addition to the nominal income from land grants and studen t f e e s , the levy would have had to be so high th a t no Legislature would consen t to refer i t to the 211 peop le , and i t is exceed ingly doubtful if the people would have approved the levy , had i t been so referred . Use of the levy p rincip le m eant, th ere ­ fore, th a t a nominal m ill levy w as im posed, w ith add itional funds to be secured from o ther so u rc e s . For a time after the c lo se of World War II, while the veterans from tha t war were crowding in to the un its of the Uni­ v e rs ity , th ese supplem ental funds were obtained from federa l g ran ts . In time th ese federal gran ts were d iscon tinued , forcing the U niversity to seek supplemental income from the General Fund of the S ta te . The in ­ ev itab le re su lt occurred . Once more po litica l maneuvering and leg is la tiv e log-ro lling th rea tened d isa s te r to sound educa tional po licy . It is true th a t the new budget committee system of the S tate Board of Education did re su lt in b e tte r understanding of U niversity needs on the part of le g is la to rs . However, adequate financing of the U niversity system was constan tly th rea tened by the foes of th a t system (and there have alw ays been such fo es), a s s is te d not only by ardent advocates of economy and low tax es but a lso by the devo tees of the m ill levy p rinc ip le . These devo tees in ­ s is te d th a t accep tance of the m ill levy princip le required the U niversity to live w ith in the income from th a t m ill levy , as supplemented by land grant income and student fe e s . Yet to do so could only re su lt in lowered standards of in struc tion and consequent lo ss of educa tional p re s tig e . So s t i l l to be so lved by the S tate of M ontana was some system of financing th a t would permit long-range planning by the U niversity un its and a t the 212 same time enable the Legislature each biennium to appropriate w ithout re ­ course to po litica l "ho rse -trades" a su ffic ien t sum to insure a U niversity system of which the S tate might be proud, a system adequate ly financed to insure qualified in struc tiona l p ra c tic e s . II . JURISDICTIONAL DISPUTES Both by provision of the S tate constitu tion^- and by leg is la tiv e , 0 I enactm ent "general control and superv ision of the s ta te un iversity" re s ts in the State Board of Education. However, throughout the years fric tion has developed from time to time over the in te rp re ta tion of the ex ten t to which "general control" should ex tend . Particu larly th is fric tion has been w ith two agenc ies; the lo ca l executive boards and the State Board of Examiners. Local Executive Boards Practice in the s ta te educa tional in s titu tio n s in regard to the lo ca l execu tive boards h as not been c o n s is ten t. For some rea son , the Legislature in 1893, when se tting up the various in s t i tu t io n s , not only made no provision for a lo ca l execu tive board for the un iversity at M issou la , but even by im plication provided for d irec t control by the S tate Board of 1 1. REVISED CODES OF MONTANA, 1907, Article XI, Section 11. 2 . I b id . , p . 174. 213 Education. Therefore no question ever arose w ith the M issou la in s titu tio n a s to the re la tive power of i ts lo ca l board as la te r c rea ted by the State Board. On the o ther hand , lo ca l execu tive boards were sp ec ifica lly e s tab lish ed by the Legislature for the other three in s titu tio n s , th a t of the school of m ines even being dignified by the re la tiv e ly superior term of " t r u s te e s ," w ith a ll the im plications tha t the term carried . The du ties and powers of th is board were ind ica ted in d e ta il ,* providing for d irect control and management, for enactm ent of a ll needed law s and regu la tio n s , for control of donations and in v es tm en ts , and for superv ision of the co l­ lege treasu re r and h is payment of b i l l s , w ith the only re s tric tio n appar­ en tly re la ting to ac tio n s "not lie o n s is ten t w ith law s of the s ta te " and to those sub jec t to "general control of the S tate Board of E duca tio n ." The lo ca l execu tive board of the ag ricu ltu ra l co lleg e , a fte r the same "general control" admonition by the S tate Board, w as g iven "immediate d irec tion and control of the a ffa irs Jbf sa id co lleg e , " w ith a further spec ific statem ent of the power to "choose and appoint a p residen t and fa c u lty ," sub jec t to State Board approval. The lo ca l board a lso had power to appoint a sec re ta ry and trea su re r — the la tte r apparen tly to receive a ll moneys and to pay a ll b ills under procedures e s tab lish ed w ith the approval of the State Board of Education . ^ The s itu a tion a t D illon w as very sim ila r. 1 1. REVISED CODES, o g . jc i^ . , pp . 185-186. 2. I b id . , p . 195. 214 with considerab le power apparently res ting in the lo ca l board. * Thus, a s has prev iously been ind ica ted , considerab le fric tion early developed betw een the State Board of Education and the lo ca l execu­ tive boards over which the authority of the S tate Board ex tended . It was partia lly to meet th is s itua tion th a t the S tate Board inaugurated a system of committees of the Board to which reports from the various in s titu tion s could be re fe rred , and from which recommendations for action could be secu red . These committee members were supposed to fam iliarize them­ se lv es w ith the in te rnal s itu a tio n a t th e ir resp ec tiv e in s t itu t io n s , thus being able to provide au thorita tive reac tions when the fu ll Board considered req u e s ts . Apparently th is p lan fa iled to se ttle the question of re la tive power un til the Supreme Court in the c a se of S tate v s . Barrett ru led tha t the S tate Board of Education "has d irec t management and control of the affa irs of the s ta te agricu ltu ral co lleg e . W hile th is c a se w as more d irec tly re la ted to the re la tive powers of the State Board of Education and the S tate Board of Exam iners, ^ it a lso served as no tifica tion to the lo ca l executive boards of where rea l power w as cen tered . However, fric tion continued to e x is t to such an ex ten t th a t in 1909 the Legislature 1 1. REVISED CODES, op . c l t . , pp . 207-208. 2. C f. an te , pp . 76-88 . 3 . I b id . , p . 88. 4 . Cf. p o s t, pp . 216-223. 215 completely rewrote a ll sec tion s of the law dealing w ith the lo ca l executive boards. This restatem ent^- took away a ll f in a l au thority , if such ex is ted , from the lo ca l execu tive b o a rd s , p lacing the la tte r sp ec ifica lly under the control of the State Board of Education. By th is Act, the powers of the lo ca l execu tive board were d irec tly derived from the S tate Board of Education in the proviso th a t the la tte r could "confer upon the execu tive board of each in s t i tu t io n . . . such authority re la tiv e to immediate control and management, o ther than f in an c ia l, as may be deemed exped ien t. " Restricting somewhat th is conferred power, the Legislature even tually in­ cluded "se lec tio n of the facu lty , te a c h e rs , and employees" as w ell as financ ia l m atters among those reserved for d irec t action by the State Board of Education. In add ition , provision was made by the Legislature for the appointment by the State Board of a "budget committee" th a t would review budget requ ests from the various in s titu tio n s , make recommenda­ tions to the S tate Board of Education, and in e ffec t ac t as a "control com­ m ittee " in the considera tion of fin anc ia l requests from the respec tiv e 4u n its . Various court d ec is ion s have further affirmed th is u ltim ate power of the S tate Board of Education, not only as to the ju risd ic tiona l righ ts of *• I . SESSION LAWS OF 1909, Chapter 73. • 2 . C f. an te , p . 88. 3. REVISED CODES OF MONTANA, 1947, Vol. 4 , p . 826. 4 . C f. a n te , p . 208-209. 216 the lo ca l execu tive b o a rd s , but a lso a s to ce rta in adm inistrative powers of the in s titu tion p re s id en ts .^ In the c a se of land grant income the State Board of Education "is v e s ted w ith exclu sive power to receive and control the funds derived from lands granted the State for use of i ts in stitu tion s of learn ing" and "is free from the lim ita tions and re s tric tio n s of the or­ dinary revenues of the S ta te , to -w it, only on appropriations made by the leg is la tu re and on w arrants drawn by the s ta te aud ito r. " A la te r decision s ta ted tha t the exp ress ly granted powers to the S tate Board of Education "to manage and control the bu s in ess and finances of the s ta te education in s titu tio n s" carried w ith i t "the implied power to do a ll th ings n ecessa ry and proper to the exerc ise of i ts general pow ers. " Again the court has held th a t the power to accep t the res igna tion of a p ro fessor re s ts w ith the State Board of Education , not w ith the p residen t of the in s titu tion concerned. It is the p re s id en t's b u s in e ss merely to report resignations to the State Board of Education. As the re su lt of th e se ju risd ic tiona l d isc u ss io n s , sometimes evolving into ac tua l co n te s ts to determ ine the source of ultim ate power, the State Board of Education on December 13, 1954, accep ted a sta tem ent prepared by a committee of the Board acting together w ith the Executive Council defining the du ties of the lo ca l execu tive b o a rd s . % After lis tin g 12 1. REVISED CODES, op . c i t . , p . 826. 2 . MINUTES, op . c i t . , pp . 7354-7355. 217 certa in sta tu to ry provisions in regard to the loca l b o a rd s , th is sta tem ent enumerated five sp ec ific functions of the bo a rd s , a s fo llow s: 1. Periodic v is i ts to th e ir in s t itu t io n s , "e spec ia lly for purpose of educa tional fa c i l i t ie s , and studen t liv ing cond ition s . " 2. Performance of such functions as are customary on the part of educa tional boards of v is i to r s , but such functions not to preclude appointment by the State Board of o ther advisory boards for particu lar phases or parts of such in s t itu t io n s . 3. "Consultive and advisory se rv ice s" to the p residen t of the in s titu tio n . 4. Performance of such o ther du ties as may be "duly spec ified and communicated to them by , or on behalf o f, the S tate B oard ." 5. Subm ission of annual reports in June and such other reports as "they deem occasion so to requ ire , " re ­ specting "duties o r concerning the condition of the in s titu tio n generally or in p a rticu la r. " State Board of Examiners From the very beginning of the s ta te 's educa tional in s titu tion s the State Board of Exam iners, through i ts contro l of f in an ce s , in terfered w ith the sa tis fac to ry operation of the in s titu tio n s by refusing to honor appropri­ a tions made by the Legislature or by cu tting the amounts granted — always on the b a s is th a t a c tu a l income to the s ta te was le s s than the amounts appropriated by the L eg is la tu re .1 During th ese early years no serious con flic ts arose betw een the two boa rd s , since the S tate Board of Education w as apparently content to re s t i ts c a se a fte r subm itting routine appeals to I . C f. an te , pp. 60, 89, 92. 218 the State Board of Examiners to resto re amounts o rig inally appropriated . However, by 1921 the long-brew ing d ispu te came out in the open over a lloca tions for th e build ings authorized by the bond is su e approved by the people in the 1920 e le c tio n . In April, 1921, the S tate Board of Edu­ cation , a fte r "prolonged informal d iscu ss io n of the respec tiv e powers of the State Board of Education and the State Board of Exam iners, " fin a lly agreed tha t the State Board of Education "should name the b u ild in g s , designate th e ir approximate s ize and c o s t , and nominate the a rch itec ts in reso lu tions making recommendation to the State Board of Exam iners. Then at an adjourned meeting la te r in the month, "a prolonged d iscu ss ion in regard to the righ ts o f the State Board of Education to ac t under the law 2 ensued . “ F inally , after accep ting the prem ise of Judge Banner, one of i ts members, th a t i t "would be u n seem ly .. .to p lace them selves in con­ flic t w ith any board w ith ju risd ic tion , " they reso lved the ir d ifficu lty by including the A ttorney-General and the Secretary of S tate on th e ir commit­ tee to se le c t a rch itec ts and to approve p lans for the bu ild ing s. By thus including two members of the State Board of Examiners on th e ir own com­ m ittee , they postponed un til la te r further ju risd ic tiona l s tru gg le . In June, 1922, w ith Governor Dixon p re sen t, the in s titu tio n a l 123 1. MINUTES, o p ._ c i t . , p . 716. 2. I b id . , p p . 764-765. 3 . EXECUTIVE COUNCIL MINUTES, June 23-24 , 1922. 219 presiden ts d iscu ssed th e ir problems w ith the S tate Board of Exam iners, ind i­ cating th ese s ix areas of controversy w ith the la tte r Board; 1. "Extraordinary de lay s" in securing approval of claim s subm itted to the S tate Board of Examiners 2 . N eglect to complete tran sfe rs authorized by tha t Board 3 . Apparent lo ss of claim s 4. Charging of claim s to wrong accounts 5. Im possib ility of obtain ing from the office of the Board of Examiners information as to unexpended ba lances 6. Failure to answer le tte rs That th is m eeting fa iled to reso lve th e ir d ifficu lties is ind ica ted by Chan­ ce llo r Brannon's comments to the State Board of Education m eeting on March 16, 1924.* At th is time the Chancello r re la ted to the Board e x is t­ ing conditions — e sp ec ia lly in regard to requ isitions — when in "one month 400 people were kept w aiting severa l days for th e ir sa la ry w a rran ts . " He further ind ica ted th a t sometimes w arrants were held up even after re­ qu isitions had been approved by the S tate Board of Exam iners. In response to h is question as to whose mandate should be follow ed, the S tate Board of Education reso lved th a t as far as sa la r ie s and pu rchases were concerned the State Board of Education was supreme and requ is ition s should not he delayed . In 1925 th is ju risd ic tiona l d ispu te again flared up over the prac­ tic e of the State Board of Examiners in d iverting income from the one and I. I . MINUTES, op . c i t . , pp . 1048-1049. 220 one-ha lf sp ec ia l m ill levy authorized for U niversity support to the payment of claim s from the Experimental S tation and the Extension Serv ice . The State Board of Education, a t the request of the Executive Council, * in ­ s titu ted a tax su it before the Supreme Court, as a re su lt of which the la tte r ruled th a t the S tate Board of Examiners w as not au thorized a rb itrarily to make a reduction "of va lid appropriations and authorized expenditu res from availab le funds app licab le to such appropriations and expenditures which have been duly made and authorized by the leg is la tiv e assem bly and have received the approval of the G overnor." This ruling in e ffec t prevented further d iversion of appropriations made for the ag ricu ltu ral co llege in q order to pay claim s for the Experiment S tation and the Extension Service. In September, 1926,^ Chancello r Brannon re la ted to the State Board of Education another attempt of the S tate Board of Examiners to regulate p rac tices in the s ta te 's educa tional in s titu tio n s . This action concerned a ttendance of in s titu tio n a l rep resen ta tiv es a t o u t-o f-s ta te m eet­ ings "of great value to the in s titu tio n s . " Rather con s is ten tly the Board of Examiners had , in the name of economy, been refusing to approve requests for such o u t-o f-s ta te trav e l. According to the report of the C hancello r, 1 1. EXECUTIVE COUNCIL MINUTES, December 5 , 1925. 2. MONTANA REPORTS 75: p . 458. 3. Cf. an te , pp. 191-192. 4. MINUTES, op . c i t . , pp . 1302-1303. 221 the absurdity and d isadvan tage to the State in th is p rac tice w as illu s tra ted by a recen t re fu sa l of the Board of Examiners to approve a trip of the head of the Extension Service to W ashington , D. C . , for a conference w ith e leven o ther rep resen ta tiv es from the w estern s ta te s — the expenses for a ll of whom were to be paid from federal funds. Responding to th is attempt of the State Board of Examiners to ex tend th e ir ju risd ic tiona l r ig h ts , the State Board of Education voted to in s tru c t the Chancellor to authorize such trave l as seemed w ise and n ece ssa ry — a lso to employ lec tu re rs and ex ­ perts — provided the budgets as approved by the S tate Board of Education were not exceeded . That the re la tiv e powers of the two Boards were s t i l l unresolved in 1933 is ind icated by the d iscu ss ion in the Executive Council* concerning i ts re la tions w ith the State Board of Exam iners. The particu la r cau se for alarm was a le tte r from the State Board of Examiners to the Executive Secre­ tary of the U niversity of M ontana "disapproving the policy of expenditures for copies of studen t annuals and trav e l expenses for studen t g lee c lu b s . " Also received by the Executive Secretary w as a le tte r s ta tin g th a t the Board of Examiners would not approve any claim for trave l un less authori­ za tion for such trav e l had been issu ed “prior to the trav e l. " The re su lt of th is d iscu ss ion in the Executive Council w as a d ec is ion to p resen t to the I . EXECUTIVE COUNCIL MINUTES, O c tobe r 11 , 1933 . 222 State Board of Education a t i ts next m eeting a memorandum requesting more de ta iled au thorization for budgeted expenditu res than th a t previously g iven , in the hope th a t "with appropriate ac tion by the S tate Board of Education, the S tate Board of Examiners might be w illing to confine i ts a c tiv itie s in the m atter of claim s to the leg a l a sp ec ts ra ther th an to the po lic ies involved in the expend itu re s ." In th is manner the running fight betw een the S tate Board of Exam- iners and the State Board of Education continued throughout the next d ecad e . ■■■ ■ Although no particu lar act of the S tate Board of Education w as d irec tly cha l­ lenged , procedural o b stac le s were se t up from time to time to demonstrate the o v e r-a ll power of the S tate Board of Exam iners. F inally th is contro- versy came to a head in the noted struggle over a llo ca tion of funds from the $5 ,000 ,000 bond is su e which vo ters had approved in 1948. The State Board of Education, a fte r severa l m eetings and considerab le d iscu ss io n of the proposals p resen ted by the p res iden ts of the u n i ts , approved in early 1949* a lloca tions as fo llow s: M ontana S tate U n iversity , $1 ,900 ,000 ; Montana State C o lleg e , $1 ,700 ,000 ; M ontana School of M ines , $325,000; W estern Montana College of Education, $175,000; E astern M ontana College of Education, $300,000; Northern M ontana C o llege , $500,000; U nassigned (to be a lloca ted la te r to " in stitu tions where i t would benefit the most I . MINUTES, o p . c l t . , p . 5222 . 223 peop le"), $100 ,000 . D issa tis f ied w ith th e se a llo ca tio n s , and claim ing th a t Northern M ontana College had never received i ts ju s t share of the building a lloca tions made by the State for i ts educa tional in s t itu t io n s , th is in s titu tion brought p ressu re through the State Board of Examiners to have th ese a llo ca tion s changed. Accordingly, th is la tte r Board rev ised the various a lloca tions so as to give Northern Montana College $1 ,200 ,000 , an increase of $700 ,000 . Leadership in the Board of Examiners for th is in ­ c rease was exerc ised by Sam M itch e ll, Secretary of S ta te , who w as not a member of the State Board of Education , and who a t no time in the contro­ versy seemed inclined to compromise in the le a s t . Through most of the controversy , he w as supported by the Attorney G enera l, who, though a member of the State Board of Education, fa iled to ac t in accord w ith that Board. This s itu a tio n w as reviewed by the State Board of Education at i ts meeting on July 11 -12 , 1949, a t which time the Board went on record th a t the a lloca tion of $1 ,200 ,000 to Northern Montana College "far exceeds the needs of Northern M ontana College and is contrary to the p lans and po lic ies of the S tate Board of Education for th a t in s titu tio n . W ith no move toward compromise from e ith e r the S tate Board of Examiners or the State Board of Education , the controversy fina lly erup ted in to the courts I . MINUTES, o p . c i t . , p . 5316 . 224 for determ ination of re la tiv e power. Here i t w as held for almost two y e a r s . In the meantime the question of a llo ca tion was considered by the 1951 L eg isla tu re , where p ressu re w as exerted for the p assage of leg is la tio n giving the State Board of Education fu ll respon sib ility fo r, and complete authority over the control and d irec tion o f, the University of M ontana. The in ten tion w as to avoid th is tw iligh t zone of con flic t, overlapping , and duplication betw een the authority of the State Board of Education and the State Board of Exam iners. The Legislature did p a rtia lly meet th is s itu ­ ation by p assing House Bill 150, which provided th a t the State Board of Education "sh a ll determ ine the needs of a ll expenditures and control the purposes for which funds of sa id in s titu tio n sh a ll be spen t. " However, it s id e -s tep p ed the rea l point in the controversy by re ta in ing the power of audit in the S tate Board of Examiners while providing for prior approval by the State Board of Education of a ll o u t-o f-s ta te trav e l r e q u e s ts , as w ell a s of other m atters perta in ing to the U niversity b u s in e s s . * The L egisla­ ture a lso sp ec ifica lly a lloca ted funds from the bond is su e according to a compromise p lan which had been worked out in cooperation w ith the Uni­ v e rs ity unit p res iden ts and approved by the State Board of Education as w ell a s by the S tate Board of Exam iners. W ith the a llo ca tion s m ade, no further cause remained for leg a l a c tio n , and the S tate Supreme Court I . MINUTES, o p . c l t . , p . 5 814 . 225 d ism issed the bond su it w ithout p a ss ing on the v ita l q uestion of ju risd ic ­ tiona l power. While in general th is new p lan of prior approval by the State Board of Education w ith fina l audit by the State Board of Examiners seemed to work out in p ra c tic e , some smothering resen tm ent was s t i l l p resen t in the State Board of Education. This resentm ent w as revealed when the sub-committee on Higher Education of the L egislative Commission on Reorganization met w ith the S tate Board of Education on April 15, 1952. In a d iscu ss ion of the new plan the Board agreed th a t the change was ad­ van tageous, but in s is te d th a t "conflict betw een the authority of the State IBoard of Education and the State Board of Examiners s t i l l e x is te d . " There w as defin ite fee ling in the Board th a t while i t w as good to have the two Boards check each o ther, some day th is question of authority would have to be c la rif ied . Further disagreement betw een the two Boards arose over the d ispo sition of the in te re s t earned by the $5 ,000 ,000 bond issu e during the long a lloca tion d ispu te . However, open conflic t w as avoided when a compromise p lan w as agreed upon in conference betw een the Executive Council of the U niversity and the State Board of Exam iners, and then approved by the S tate Board of Education on September 14, 1953.2 Thus the long struggle over re la tive power of the S tate Board of 12 1. MINUTES, op . c i t . , p . 6240. 2. I b id . , p . 6836. 226 Education and the S tate Board of Examiners has s t i l l re su lted in no fina l decision as to where ultim ate power re s id e s . N either the Supreme Court nor the Legislature seem s d ispo sed to come to grips w ith th e problem . In current p rac tice the S tate Board of Exam iners, w hile s t i l l exerc is ing i ts con stitu tiona l prerogative of approving a ll c la im s , follows the recom­ mendations of the State Board of Education, provided such claim s are in order. For a ll apparent pu rposes, th en , u ltim ate authority is in the la tte r Board, through i ts respon sib ility for th e educa tional programs in the in s t i­ tu tio n s . Yet no fina l leg a l d ec is ion s have been m ade, and at any time the ju risd ic tiona l struggle could again b reak forth . The anomaly of two Boards s t i l l charged — at le a s t in part — w ith duplicate authority s t i l l e x is ts . I l l , REORGANIZATION AND REFORM PROPOSALS From th e very f ir s t , constan t a ttack s have been made on the plan of o rganization of the s ta te 's educa tional in s titu tio n s . In the early y e a rs1 the a ttack s were u sua lly on the is su e of conso lida tion versus separa ted in s titu tio n s . In 1908, recognizing th a t there w as then no p o ss ib ility po litica lly to secure conso lid a tion . President Duniway of the s ta te univer­ s ity a t M issou la led off on the principle of "adm inistrative u n ity ," a I . C f. a n te , pp . 95-98 . Kr.'i-yj*.r«w,r i ' r.> T V, „ 227 th in ly ve iled attempt to secure control by the s ta te u n iv e rs ity .1 This principle was converted in 1913 and verified in 1915 as the "Montana o System" — an in teg ra ted system of h igher education under the Chancello r. Po litical antagonism s and lo ca l p ressu res fina lly brought to an end the Chancellor phase of th is in teg rated p lan , but o therw ise the p lan s t i l l survived. M eanwhile o ther suggestions for reform and reorgan ization were constan tly being thrown into the hopper. Chief among th e se were the 1919 "Efficiency Commission" p lan , the p lan of the 1942 "Governor's Committee on Reorganization and Economy," the p lan of the 1944 "Montana Commission on Higher Education, " and the so -c a lle d "MeIby Plan. " Efficiency Commission Reacting to p ressu res of i ts day , the 1919 Legislative Assembly p a ssed Senate Bill 117, providing for a Commission of th ree "to in v e s ti­ gate the s ta te house w ith a view of making the s ta te government more ef­ f ic ien t. " This Commission, to which w as appointed Frank E liel of D illon, N . T. Lease of G reat F a lls , and W . O. Fiske of H am ilton ,1 23 w as in struc ted 1 . A frequently overlooked part of th is p lan provided for a Board of Re­ g en ts , to be charged sp ec ifica lly w ith respon sib ility for the control and superv ision of the educa tional in s titu tio n s , doing away w ith a ll the lo ca l execu tive b o a rd s . 2. C f. a n te , pp . 99-104 . 3. MILES CITY INDEPENDENT, March 14, 1919, p . 6 . 228 to make its report to the Governor on November I , 1919. As In d ica ted , investiga tion and recommendations in regard to the educa tional in stitu tion s were only an in c iden ta l part of the ov e r-a ll ta s k of the Commission. In th is sec tion of th e ir rep o rt, reference was made to two major problems confronting the un its of th e U niversity of M ontana: (I) inadequate bu ild ­ ings , and (2) the general lack of money to meet con stan tly growing requ ire­ m ents. * Earlier in the report tabu la tion s had been given ind icating th a t "Montana ranks fo rtie th i n . . .th e support given by each s ta te to i ts educa- 2 tiona l in s titu tio n s , th e amount expended on each $1 ,000 ,000 of w e a l th ." In i ts conclusions th e report suggested a bond levy or sp ec ia l tax as the remedy for th is lack of financ ia l support. A sec tion of the report w as devoted to the claim ed need for add itional normal schoo ls , an apparent attempt to slow down the band-wagon rush to c rea te more schoo ls . According to the Commission^ the Normal School in D illon was ample to supply the s ta te 's requirements for some time to come. The m atter of the geographical loca tion cannot be a serious ob stac le in the m atter of a ttendance , since a w ise provision has equalized the ra ilroad fare from any part of the s ta te to any s ta te educa tional in s titu tio n . Any ex ce ss (over $5.00) is refunded to the studen t by th e in s titu tio n . 1234 1. EFFICIENCY COMMISSION REPORT, (unpublished m anuscrip t. Office of Executive Secretary), p . 34. 2 . I b id . , p . 13. 3 . C f. a n te , pp . 119-133. 4. COMMISSION REPORT, op . c i t . , p . 15. 229 The report recognized the ju risd ic tiona l struggle betw een the S tate Board of Examiners and the S tate Board of Education by suggesting th a t ju ris ­ d iction as provided by law in the Board of Education be re s tric ted to the State University at M issou la , w ith the o ther in stitu tion s p laced d irec tly under a proposed "Board of Adm inistration. " This la tte r three-member board, to be appointed by the Governor, would have fu ll control of th ese la tte r in s titu tio n s , superseding both the S tate Board of Education and the State Board of Exam iners. 1 While no spec ific ac tions were la te r taken to carry out any of the recommendations of th is Efficiency Commission, i ts ana ly sis and recommendations — e sp ec ia lly in regard to fin anc ia l m atters — were unquestionably a major fac to r in the su c ce ss of the bond and m ill campaign of 1920. Governor's Committee on Reorganization and Economy By 1942, stim ulated by war economy m oves, and defin ite ly pro­ moted by Governor Ford, sentim ent w as prevalent th a t reorgan ization of the s ta te government, and e sp ec ia lly of th e U niversity u n its , w as n ece ssa ry in the in te re s ts of economy. The Governor, therefo re , appointed a commit­ te e of s ix , w ith W . E. Dowlin as chairman and Fred Bennion, execu tive secre ta ry of the Montana Taxpayers' A ssoc ia tion , as sec re ta ry . This com­ m ittee , known formally as the Governor's Committee on Reorganization and I . COMMISSION REPORT, op . c i t . , pp . 141-143. 230 Economy but more commonly referred to as the "Ford Committee," employed Grlffenhagen and A ssoc ia tes of Chicago to survey the s ta te government and to make recommendations. The educational survey w as made by Dr. Charles Everand Reeves, a reo rgan iza tion sp e c ia lis t for the University of Californ ia and for u n iv ers itie s or s ta te departments in T exas, Colorado, T Kentucky, K ansas, and other a re a s . The report proposed two possib le p lans — one for complete reo rgan iza tion , ^ and one for conso lida tion of con tro l. The reorganization p lan proposed th a t a ll un its except one should be d iscon tinued , w ith th e ir p lan ts turned over to lo ca l high schools for junior c o lleg e s . Junior co lleges would then be e s tab lish ed in every large high schoo l, under lo ca l con tro l, bu t w ith s ta te superv ision . Sup­ port would be derived one-ha lf from the s ta te and on e -h a lf from the lo ca l community. The one un iversity unit le ft would be re s tric ted to junior, sen io r, and graduate work. The conso lida tion plan returned to the scheme attempted by President C raighead of the M issou la unit in 1915 — the failu re of which attempt was a major fac to r in h is removal as p residen t of th a t in s titu tio n . This tim e, however, i t w as advocated open ly , not by devious m eans. The proposal ca lled for one p residen t — e ith e r a t Bozeman or M issou la — who. 123 1. HELENA INDEPENDENT RECORD, January 24, 1942. 2. GRIFFENHAGEN REPORT, (unpublished m anuscrip t, Office of Executive Secretary), p . 2 . 3. I b id . , p . 9 . 231 d irec tly responsib le to the State Board of Education, would serve as the ch ief executive officer for higher educa tion . Montana S tate University and Montana S tate College would be adm inistered by v ice -p re s id en ts (or p rovo sts), while the o ther units would be under d irec tion of d ean s . All b u s in e ss and reg is tra tion procedures would be handled as if for one in s t i­ tu tion , w ith a s s is ta n ts in each unit to carry out immediate d e ta ils . There would be a conso lida ted co llege ca ta lo g , a conso lida ted curriculum , a common system of numbering c o u rse s , and a common system of sem ester or quarter o rgan ization . At the end of each year there would be a conso li­ dated report for the entire U n iversity of M ontana, prepared by the p re s i­ den t. That the p lan w as sim ilar to th e one in operation by the University of C aliforn ia fa iled to impress those in M ontana who saw in the proposal a p lan whereby President M elby of Montana State U niversity would sneak in the back door to take over a ll h igher education in M ontana, making a ll o ther un its subserv ien t to the unit a t M issou la . F ina lly , Dr. Francis A. Thomson, p residen t of the Montana School of M ines, rem inded the Gover­ nor of a s ta te law preventing any p residen t of a particu lar unit to ac t in such a po sition , pointing out tha t a leg is la tiv e ac t would be n ece ssa ry for such a d ras tic s truc tu ra l change in the University of M ontana. The com­ plete p lan w as considered at length at the S tate Board of Education meet­ ings in April and July, 1942, w ith p residen ts of the respec tiv e un its given an opportunity to p resen t fu lly th e ir re a c tio n s . M ost of the p res id en ts . 232 while approving in p rincip le the various "economy" p ro p o sa ls , ob jected to the major struc tu ra l changes . Influenced by th is reac tion on the part of the p re s id en ts , the S tate Board fa iled to ac t favorably on any of the proposals except th a t which recommended employment of a cen tra l adm inis­ tra tive officer for the U niversity of M ontana. The Board did concur in th is recommendation and took s tep s to p resen t the p roposal to the 1943 L eg ls- 9 la tive Assembly. Montana Commission on Higher Education Undaunted by the failure to secure favorable action as proposed by the Griffenhagen Report, tho se advocating reo rgan iza tion renewed th e ir drive for un ification under the control of M ontana S tate U niversity , bring­ ing p ressure on the Montana Commission on Higher Education, w ith Judge Frank Leiper of G lendive a s chairm an, w hich began i ts de libera tions after i ts appointment in December, 1943. W hile th is n ineteen-m an commission w as sp ec ifica lly charged w ith the ta sk of developing "post-w ar p lans for the U n ive rs ity ," i t quickly transfo rm ed its function in to one of reorgan iza­ tion and un ifica tion . W hile no members of the State Board of Education partic ipa ted in any of the m eetings of the Commission, a ll of the unit p residen ts were in a ttendance excep t a t such tim es as the Commission met 12 1. MINUTES, op . c i t . , pp . 3503, 3559-3563. 2. I b id . , p . 3566. 233 in executive s e s s io n . In Judge Leiper1 s "personal report" to the State Board of Education on September 25, 1944,* he s tre s se d th ree main po in ts , out of which stemmed the two conclusions which constitu ted the "frame­ work of the Comm ission 's recommendations. These th ree points were as fo llow s: 1. Lack of un ity in educa tional structure 2. F isca l independence of the indiv idual in s titu tion s 3. Lack of budgetary control by the S tate Board of Education From i ts study of th ese po in ts , the Commission recommended th a t in addi­ tion to the u sua l p rovisions about "elim ination of unnecessa ry d u p lic a tio n ," step s be taken to provide: 1 . U nification of the s ix un its of the U niversity in to a sing le educa tional system w ith unified budgetary con­ tro l and adm inistration 2. C larifica tion and defin ition of the powers of the S tate Board of Education Implementing th is pe rsonal report of Judge Leiper, Governor Ford, a t the November 13, 1944, m eeting of the S tate Board of Education "expressed to the p residen ts of the University un its the w ish of the Board to carry out the recommendations of the Commission on Higher Education to achieve a uni­ fied un iversity sy stem . Then a t the December m eeting , the Board voted tha t the Governor should appoint a committee o f th ree "to prepare a 123 1. MINUTES, op . c l t . , p p . 4037-4039. 2. I b id . , p . 4048. 3. I b id . , p . 4056. 234 statem ent of the recommendations of the Board in regard to the functions of the U niversity u n its . To th is committee were appointed President M elby, A ttorney-General Bottomley, and Monsignor R iley. Thus developed a second proposal for the Legislature to consider — the so -c a lle d "Melby P la n .” "Melby Plan" Apparently th e report of th is sp e c ia l committee w as c ircu la ted to members of the Legislature shortly after th ey convened in January, 1945, for on January 15, 1945, a sp ec ia l m eeting of the S tate Board of Education was ca lled because of critic ism by "certa in members of the Legislature" th a t the plan as c ircu la ted re flec ted the th inking of ce rta in members of the Board ra ther than "Board po licy . " At th is meeting the p lan w as finally adopted as "Board Policy" and so c ircu la ted among the members of the L eg isla tu re . H ere, even though the Board m aintained th a t nothing in th e ir sta tem ent w as “contradictory to the report of the Commission on Higher Education, "1 2 confusion did develop in the m inds of the leg is la to rs because of the two re p o r ts . This confusion undoubtedly led to many of the b itte r a ttack s th a t were la te r made re la tive to the subm ission of two p lans for reform to the same Leg isla tu re . In e ssen ce the "Melby P lan ," is su ed now as "Board P o licy ," had 1. MINUTES, op . c i t . , p . 4103. 2. I b id . , p . 4123. 235 two major p rinc ip les:^ 1. To m aintain the la s t two un its o f the U niversity (Billings and Havre) a s "reg ional in s titu tio n s enabling the young people of tho se regions to secure two years of lib e ra l a rts or p re-p ro fess iona l education in the ir own community, or w ithin reasonab le d is tance" 2. O rganization of sp ec ia lized phases of the U n ive rs ity 's program on a functional b a s is — only one in s titu tion offering advanced sp ec ia liz ed work in a fie ld or sub ­ je c t However, in d e ta il , th e Plan env isaged many struc tu ra l changes, some of which were excep tionally d ra s tic in na tu re . Spec ifica lly , the following -proposals were made: 1. Billings and Havre — maintain tw o-year lib e ra l a r t s , p re -p ro fess iona l and vocationa l programs (name of B illings changed to Eastern Montana College) 2. Billings and Havre — discon tinue teache r education 3. Havre — in creased em phasis on vocationa l education , w ith sp ec ia l p rovisions for the education of returned so ld iers 4. Montana S ta te U niversity — continue schools o f Arts and S c ien ces , B usiness, M usic , Education, Forestry , Pharmacy, Law, Journalism — train ing for high school teach ing concentra ted here , w ith exception of a reas of ag ricu ltu re , home econom ics, industria l a rts — d is ­ continue work in vocationa l home economics 5. Montana S ta te College — continue d iv is ions of Agri­ cu ltu re , Engineering, Home Econom ics, S c ience , Ex- ten tion D iv ision , Experiment S tation — train ing for high school teach ing in ag ricu ltu re , home econom ics, indu stria l a rts — d iscon tinue train ing of a ll o ther high school teache rs 6. School o f M ines — spec ia liz e in m ineral industrie s 7. Normal C ollege — devote program en tire ly to education for teache rs for rural and elementary schoo ls on tw o - year and fou r-year b a s is I . C f . a n t e , pp . 1 1 9 -133 . 236 The "Melby Plan" w as particu larly a ttacked from the B illings a re a , which s t i l l reca lled the long fight by which a teache r train ing in s titu tio n w as secured for e as te rn M ontana. ^ M oreover, in th e ir arguments again st the plan th is group brought out the danger th a t , if such a p lan should be adopted, studen ts in E astern M ontana would be m atricu lating a t the teach e r train ing in s titu tion s in D ick inson , North D akota, or Spearfish , South D akota, w ith a strong probability th a t once securing th e ir train ing out of s ta te , they would not return to teach ing positions in M ontana. Furthermore, th is group pointed ou t, p ressu re would be strongly exerted by the two junior co lleges a lready e s tab lish ed in eas te rn M ontana — a t G lendive and M iles C ity — for the approval of te ach e r train ing departments in th e ir in s titu tio n s . An­ other fa llacy in the "P la n ," they m ain tained , w as th a t many of i ts assump­ tions were b ased on the re s tric tion s of the w ar y e a rs . Actually in normal tim es, it would be im possib le to tra in a t D illon a ll the rural and elem entary teachers needed in M ontana. In fa c t , so ran th e ir argument, the entire "Melby Plan" w as designed to save an in s titu tion which w as geographic­ a lly beyond sa lv a tion . W hatever the c a u s e , whether one of fru stra tion from the attempt to reconcile the two proposals — tha t of the Commission and th a t of "Board Policy" — or of conv ic tion as the re su lt o f the arguments of lo ca l groups I . C f . a n t e , p p . 1 1 9 -1 3 3 . 237 fighting to save th e ir p resen t in s titu tio n , the L eg is la tu re , as i t had done con sis ten tly in the p a s t , fa iled to adopt any of the b a s ic p roposa ls . While it did rev ise s ligh tly the law re la tive to the powers of the State Board of Education, i t ab so lu te ly refused to a lte r the budgetary provisions whereby each in s titu tio n 's budget w as en tire ly separa te from th a t of the o ther u n its . It d id not even consider a change th a t would provide for tran sfe r under certa in conditions from one budget to another. Thus ended another attempt to secure reo rgan iza tion by le g is la ­ tive ac tion . In fa c t, a t the April m eeting of the S tate Board of Education follow ing th is 1945 leg is la tiv e s e s s io n , the Board i ts e lf resc inded its ac tion of January 15, which had made the "Melby Plan" board po licy . In tak ing th is April action i t deferred considera tion of reform "for further study by th is Board and by the new Executive Officer when se le c te d . Actually no attempt for reorgan ization w as made during the term of the new Chancello r, Dr. George A. Se lke , a lthough , as has a lready been s ta te d , s ligh t changes were made after th a t term in the leg a l s ta tu s of the Executive Secretary of the University of M ontana. Also the same Legislature se t up another Commission on Reorganization of State Govern­ m ent, to report i ts findings to the next leg is la tiv e s e s s io n .^ As a part of its function , th is committee was to inves tig a te and make recommendations 1 1. MINUTES, op . c i t . , pp . 4138-4139. 2. SESSION IAWS OF 1951, pp. 383-386. 238 in regard to the U niversity system . The Commission did make a very thorough study of the system , investiga ting e sp ec ia lly the question of dup lication . As in s tru c ted , i t made defin ite recommendations to the 1953 Leg isla tu re , b u t, as had been the ca se w ith a ll previous repo rts , no action of any consequence followed in the L eg isla tu re . A s ligh t change in the lo ca l executive boards was vo ted , wherein th e se boards now became three-member boa rd s , a ll appo in tive , w ith the p residen t of the in stitu tion only an ex -o ffic io member w ith no vo te . However, the du ties of th ese boards were s t i l l to be a ss igned by the S tate Board of Education , which made no sign ifican t changes for them . Currently new movements are under w ay , w ith severa l c itizen groups studying many phases of public educa tion , of which higher educa­ tion is a p a rt. U nquestionably some proposals for reform and reorganiza­ tion w ill come out of a ll of th is a c tiv ity . W hether th is new wave w ill have any more e ffec t than movements in the p a s t i s a moot question . IVt HIGH SCHOOL — COLLEGE RELATIONSHIPS Fundamentally the problem of high school and co llege re la tion ­ sh ips in M ontana d iv ides in to two p a rts ; (I) th e problem of adm ission to c o lleg e , and (2) the problem of recru itm ent. Obviously , however, the two problems are very c lo se ly re la ted . 239 Admission In the early years of higher education in M ontana no sp ec ific stand ­ ards of adm ission were se t by the State Board of Education , each in stitu tion as it was founded being free to determ ine i ts own requ irem en ts. W ith very few s ta te high schools offering accep tab le co llege preparatory w ork , each in s titu tion as a m atter of course included a preparatory department in its s tru c tu re .* Even the School of M ines , a highly sp ec ia liz ed schoo l, found it n ecessa ry a fte r the firs t year to include a "conditional" curriculum for studen ts unprepared for the type of cou rses normally given to th e ir f i r s t- year s tu d en ts . Thus, because ill-p repa red studen ts could be referred to th is preparatory departm ent, l it t le need w as fe lt for s tr ic t en trance re­ quirem ents. The only ac tu a l res tra in t imposed w as th a t on studen ts who w ished to en te r from the communities in which the s ta te in s titu tio n w as lo ca ted . At both the un iversity and th e agricu ltu ral co llege the p ressure of lo ca l school au tho rities w as such th a t higher reg is tra tion fees were charged to lo ca l studen ts who w ished to en ter the s ta te in s titu tio n , but 2who were not prepared for regular co llege study . By the c lo se of the 1895-1896 school y ear, however, i t became apparent th a t , w ith the developing improvement in the public high schoo ls , some spec ific adm ission standards could be se t up . Accordingly, in June, 1 1. C f. a n te , p . 45 . 2 . I b id . , foo tno te , p . 39. 240 1896, the State Board of Education adopted the follow ing regu la tions as recommended by its "Committee on Commissioned High Schools:"* 1. C andidates for adm ission to the s ta te educa tional in s t i­ tu tions must be "at le a s t s ix teen years of age and must p o sse s s a good moral charac te r and good bodily health" 2. Accredited schoo ls: (a) Course of in struc tion m ust cover "the b ranches requ is ite for adm ission to one or more of the cou rses of any s ta te educational in s titu tio n ;" (b) a c ­ cred ita tion by the S tate Board of Education a fte r sa tis fa c ­ tory exam ination by a committee of the Board 3. G raduates of accred ited schools en titled to en te r any s ta te educa tional in s titu tio n on p resen ta tion of proper ce rtif ica te and diploma from superin tendent of accred i­ ted high school — non-g raduates would have to take "exam inations as o ther cand ida tes" 4. High School once en tered on accred ited l is t sh a ll remain thus un til adm inistration changed or schoo l notified by S tate Board of Education of "unsa tisfac to ry re su lts " 5 . Upon change of adm in istra tion , request for continuation on accred ited l is t to be made if d e s ired . "If the work of the p rincipal coming in to change has been recen tly exam ined in connection w ith some other schoo l, a new exam ination w ill not be requ ired , but such exam ination should in a ll c a se s be inv ited" 6. Annual reports required from a ll accred ited high schools The most in te res ting th ing about th e se regu la tions is th a t acc red ita tion apparently depended on the repu tation and standing of the p rincipal of the schoo l, ra ther than on the standards s e t by any lo ca l community. These regulations must have worked sa tis fa c to r ily , for no o ffic ia l changes are found, or were even proposed , un til the early tw en tie s , w hen , under the influence of the economic s itu a tion of that day , some lim ita tion of en ro ll­ ment in the U niversity system w as fe lt n e ce ssa ry . In April, 1923, the I. I . MINUTES, Vol. II , p . 63 . (Full repo rt, pp. 6 3 -64 .) 241 State Board of Education se t regu lations providing th a t for the biennium beginning July I , 1924, studen ts adm itted to the U niversity of M ontana must rank in the upper tw o-th irds of th e ir high schoo l graduating c la s s , or qualify for en trance by a sp ec ia l exam ination approved by the Chancello r, "uniform for a ll of the in s titu tion s of the U niversity o f M on tan a ." ^ Appli­ can ts denied entrance had the p riv ilege of appeal to a Board of Review composed of the p residen t of the in s titu tion which the studen t w ished to en te r, the S tate Superintendent of Public In struc tion , and the Chan­ cello r of the U niversity . After a y e a r 's tr ia l the comprehensive exam in­ ation for the lower one-th ird of the high school graduates was d iscon tinued , and the Chancellor in structed to try to find a b e tte r system of screening th ese g roups. ^ The same State Board meeting which p assed the sp ec ia l res tric tion on adm ission for the tw o -year period beginning July I , 1924, se t general adm ission requ irem en ts, e ffec tive September I , 1927, for a ll graduates of accred ited high schoo ls . By th e se regu la tions such graduates could be adm itted to the un its o f the U niversity of Montana w ithout exam ination , provided th e ir high school cou rses included the 3follow ing: 1 1. MINUTES, op . c l t . , p . 976. 2. I b id . , p . 1195. 3. I b id . , p . 977. 242 3 units of English 1 unit of American H istory 2 other un its from each of th ree Of the follow ing g roups: M athem atics H istory and Social Science Laboratory Science Foreign Language Admission to the U niversity of Montana w as on the above b a s is un til 1952. By tha t time a d ifferent philosophy dom inated the thinking of public school adm inistrators as w e ll as th a t of members of the S tate Board of Education. Under th is philosophy it w as contended th a t s ince the S tate Board of Edu­ cation controlled the public schoo ls as w e ll as the U niversity u n i ts , the ir standards for accred ita tion of h igh schools would insure that a ll graduates of accred ited high schools would be qualified for co llege study . Accord­ ing ly , on February 7 , 1952, the State Board of Education changed the regulation for adm ission to the U niversity of M ontana to read tha t "a graduate of any M ontana High School accred ited by the State Board of Education may en te r any unit of the University of M ontana. Since th e p assag e of th is rev ised standard for adm ission , the University u n its , p lagued by a deluge of high school g radu a te s , many of whom had lit t le or no high school tra in ing in the type of sub jec ts requ is ite for co llege su c c e s s , have constan tly had to add more and more rem edia l- type cou rse s , adding to an a lready acu te financ ia l burden . As th is I . MINUTES, o p . c i t . , p . 6182 . 243 remedial problem in c rea sed , both high school adm inistrators and college o f f ic ia ls , as w ell as in fluen tia l members of the S tate Board of Education, began to recognize the fo lly of th is w ide-open inv ita tion to a ll high school g radua tes , w hatever th e ir background, to attempt co llege study . In a pa rtia l attempt to remedy th is s itu a tion the State Board of Education in April, 1956, adopted the recommendations of the Society of the Sigma XI — Scientific Research Society of America — requiring accred ited high schools to include in th e ir requirements for graduation one year of a lgeb ra , one year of p lane geometry, and one year of genera l, b io log ica l, or physi­ c a l sc ien c e . ^ Hardly w as the ink dry on th is action before an uproar of d isapproval mounted from people who advocated a type of high school education not e sp ec ia lly designed to prepare pupils for co llege en tran ce . From every corner in the s ta te p ro tes ts poured in to the State Board of Education in regard to the e ffec t of th is general regu la tion on such "general educa tion , " w ith ind ica tions th a t if the regu lation were per­ m itted to remain there might po ss ib ly be repercussions of a p o litica l nature in the next L eg isla tu re . Quickly reacting to th is p re s su re , the State Board of Education , a t its very next meeting — on M ay 14, 1956 — voted to "in terpret" i ts action on mathematics and sc ience as a requ ire­ ment of two years of m athematics and a t le a s t one year of sc ie n c e , w ith I. I . MINUTES, QP. c i t . , p . 7998. 244 algebra and geometry to be "encouraged" as the m athematics c o u rs e s . Also the Board sp ec ifica lly s ta ted th a t the new program would not be re tro ac tiv e , but would s ta rt in the fa ll of 1956 and would apply to the high school freshmen entering th a t y ear. Furthermore, the State Superin­ tendent of Public Instruction w as d irec ted to appoint a committee of math­ em atics and /o r sc ience te a c h e rs , public school adm in is tra to rs , and rep resen ta tives o f the U niversity system to study the area of sc ience and m athem atics, and to develop , if p o ss ib le , a fea s ib le p lan for the high schools to fo llow . * Meanwhile high school and co llege adm inistra­ tors , through the High School — College Relations Committee of the Montana A ssociation of School Adm inistrators, began prelim inary stud ies leading to po ss ib le rev is ion of the co llege adm ission requirements to insure th a t only qualified high school graduates should be perm itted to en ter the s ta te educa tional in s t i tu t io n s . Recruitment The problem of recruitm ent did not become acu te un til a fte r the c lose of World W ar II. However, from the f irs t years of s ta te -suppo rted higher education in M ontana there were ind ications th a t re la tion s w ith the high schools might e a s ily become s tra in ed . It w as b ecau se of th is s itu a ­ tion th a t the extra en trance fee to which reference has been made was I. I . MINUTES, QP. c i t . , pp . 8159-8160. 245 imposed on studen ts in a lo ca l community seeking to en te r the preparatory department of the in s titu tion lo ca ted in th a t community. Another ind ication of the concern fe lt in regard to th e se re la tionsh ip s was the p roposal of President C raig of the un iversity at M issou la in 1895 — the year of open­ ing th a t in s titu tion —• for a un ification of the s ta te system of secondary and higher educa tion . While no sp ec ific re su lts evolved out of th is pro­ p o sa l, the S tate Board of Education did consider it in February, 1896, and again in June, 1896.* Undoubtedly the e ffec t of such d iscu ss io n was fe lt in the estab lishm en t of standards for the rapid ly developing s ta te high schools — standards which la te r insu red an opportunity for th e ir graduates to e n te r , w ithout exam ination , the various public co lleg ia te in s titu tion s in the S ta te . Later, a fte r the creation of the U niversity system , one of i ts early problems w as th is question of h igh school and co llege re la tio n sh ip s . 2This problem w as thoroughly explored w ith the p res iden ts in 1917. At th is conference tho se p resen t agreed that re la tions w ith the high schools should be a d irec t re spon sib ility of the C hancello r, who w as in struc ted to send le tte rs to each high school p rincipal ind icating "how the Univer­ s ity of Montana may be of se rv ice" to h is school and community. In addition to e s tab lish ing more cord ia l re la tions w ith the school and a more 1 1. MINUTES, Vol. I, p . 241; Vol. II, pp . 20, 63-64 . 2 . EXECUTIVE COUNCIL MINUTES, September 7 -8 , 1917. 246 intimate acquain tance w ith each community, he w as to secu re the names and add resses of a ll members of the high school sen io r c la s s e s , together w ith the nam es, a d d re s s e s , and occupations of paren ts and guard ians. The Executive Council further recommended th a t school superin tendents should be encouraged to v is i t the various in stitu tion s and to give the ad­ m inistra tion of the in s titu tio n the benefit of th e ir o b se rv a tio n s . In addi­ tio n , i t w as recommended tha t the State Board of Education c rea te the office of "un iversity v i s i to r ," an office which w as to be supported by a lloca tions from the University budge t. Accrediting w as deemed to be the responsib ility of the State Superintendent of Public In struction , although the University un its were ready to help the high schoo ls any time by "direct a ss is ta n ce ra ther than by re g u la tio n ." By 1918 a defin ite plan for high school v is ita tio n had been for­ m ulated, lis tin g sp ec ifica lly three s tep s in the procedure; (I) prelim inary, (2) v i s i t s , (3) sub sequen t. This p lan , as outlined by Dr. H . H . Swain, Executive Secretary of the U niversity of M ontana, w as a s follows;* I. Prelim inary 1. Letter to paren ts of s e n io rs , about February 16 2. Letter to high school sen io rs , about M arch I (copies of both le tte rs to high school p r in c ip a ls , w ith an accompanying letter) 3 . C ircu lar to high school sen io rs — about middle of M arch (printed —• give information a ll units) I. I . SWAIN NOTES — "Plan for High School V isita tion , " (unpublished, Office of Executive Secretary), outlined February 7 , 1918. 247 4. V isitors a . To be se lec ted w ith great c a re , on consu lta tion w ith p residen ts b . To be supplied w ith l is ts of sen io rs and p a ren ts , and w ith such da ta as w as gathered by prelim in­ ary v is ito rs c . Conference a t Bozeman, D illon , M issou la , w ith the persons who are to make v is i t s , for de ta iled in s tru c tio n , and for mutual exchange of experi­ ence of former v is its 5. Alumni committees to be no tified in advance of exac t date of v is ito rs ' expected a rriv a l, asked to cooperate II. V isits About seven teen groups of high schools to be v is ited during April - y each group requiring about a w eek . Approximately seven members of Montana State Uni­ v e rs ity s ta f f , six members o f M ontana State College s ta f f , th ree members of Normal College s ta ff , one member of School of M ines sta ff III. Subsequent Each v is ito r to make an exhaustive repo rt, to be followed up by supplying of ca ta logues and o ther prin ted m atter, w riting of individual le t te r s , or o therw ise , as develop­ m ents ind ica te In April, 1919, the Executive Council* reviewed a t some leng th re su lts from the high schoo l v is i ta t io n s , se ttin g up more sp ec ific in structions for facu lty members making v is i ts , as fo llow s: 1. Securing of studen ts from own in s titu tio n not primary purpose 2. Avoidance of deprecation of any in stitu tion 3. Use of high school poste r to be mentioned to p rincipal 4. D iscu ss ion of reports of freshmen stand ing w ith p rincipals Favorable reac tion from the public school adm inistrators as the re su lt of I . EXECUTIVE COUNCIL MINUTES, April 18 , 1919 , p p . 6 - 7 . 248 th ese v is its led to the ca lling of a high school conference a t M issou la in M arch , 1920, w ith p lans for a la te r conference a t Bozeman. Each of th ese conferences w as to have an ou tside speaker to se t the keynote for the conference. However, the Bozeman conference had to be cance lled be­ cause of the lim ited U niversity budget. Such a lso w as the case in regard to p lans for sim ilar conferences in 1921, 1922, and the follow ing y e a r s , even though there w as a "very general d e s i r e . . .fo r an annual conference under the au sp ices of the U niversity of M on tana , such as w as held at M issou la in 1920."* Thereafter, un til after the c lo se of World W ar II , l it t le ag ita tion developed for c lo se r re la tion sh ip s betw een the University and the high sch o o ls . M ost of th is lack of in te re s t w as undoubtedly due to the finan­ c ia l s tre s se s of the University sy s tem , which w ithout any sp ec ia l emphasis on recruitm ent w as stra ined to the utmost to tak e care of s tuden ts en ro lling . Part of the indifference might be traced to the lack of any sing le executive head for the U niversity system during most of the decade beginning in 1933. The rap id enrollment r ise in the U niversity un its a fte r World W ar II led to many questionab le p rac tices of recru itm ent. Among th e se w as the indiscrim inate sending out by a ll of the un its of rep resen ta tiv es and team s of rep resen ta tiv es to the various high schools in the S ta te . Unfavorable reactions from th is po licy had reached the State Board of Education in I . EXECUTIVE COUNCIL MINUTES, o p . c i t . , p p . 6 - 7 . 249 su fficien t streng th so th a t a t i ts m eeting on October 16 , 1953,* it ag reed , after considerab le d iscu ss io n , that it would be preferable to send out "one or two rep resen ta tiv es from the cen tra l office of th e U niversity of M ontana . . .q u a lified to speak for a ll s ix u n its . " The Executive Council w as then charged w ith the respon sib ility of working out a p lan to be sub­ m itted to the S tate Board of Education for a c tio n . M eanwhile the high school adm in istra to rs, through th e ir own key o rgan iza tion , the Montana A ssociation of School Adm inistrators, proceeded to move w ithout awaiting the plan of the Executive Council. Through th is A ssociation the admini­ s tra to rs se t up a committee on High School and College Relations and in struc ted them to meet w ith a sim ila r committee from the U niversity units to work out a sa tis fac to ry p lan of high school v is ita tio n by the U niversity system . W hile no fin a l recommendations have been forthcoming a s yet from th is comm ittee, i t is hoped tha t in the near future a p lan may be dev ised sa tis fac to ry both to high school adm inistrators and to o ffic ia ls in the University sy stem . At the same tim e th is jo int committee has been studying the problem of adm ission to co llege s tudy . In th is la tte r area favorable reaction has been found for a po licy by which considerab le screening of co llege-bound ind iv iduals w ill be done by the high schools w ith in the medium of curriculum choice in high schoo l. However, no I. I . STATE BOARD MINUTES, 0£._cit_., p . 6883. 250 specific proposals have been made to date to change the open-door policy by which any high school graduate from an accred ited school in M ontana may en ter any unit of th e University of M ontana. In a ll probability th is problem , like many o th e rs , w ill be considered in the f in a l recommendations of the various committees and groups now studying the problems of higher education in M ontana. V. FACULTY PROBLEMS The Question of Tenure Before the o rganization of the U niversity of M ontana as an in te ­ grated system there is l it t le ev idence of ag ita tion for tenure in any of the s ta te 's educa tional in s titu tio n s . However, by 1918, p ressu re for some consideration of th is problem had bu ilt up to such an ex ten t th a t the State Board of Education p a ssed U niversity Act 673 — the b a s ic framework for current regu la tions in regard to tenu re . In 1919 opportunity for hearings a t sp ec ia l as w ell as a t regu lar meetings of the State Board w as provided suspended facu lty m embers, apparently a recognition of th e in ju s tice of delaying final ac tion un til regular m ee ting s, since a t th a t time regu lar m eet­ ings came only tw ice a y ear. The current "non-renewal n o tic e " d a te , by 1 1. MINUTES, op . c i t . , pp . 354-355. 2. I b id . , p . 481 . 251 which facu lty members must be no tified by April 15 in c a se the in stitu tion w ishes to d iscontinue th e ir con tract for the following y ear, was in se rted in 1922.1 o th e r minor changes were made from time to time as d e s ires were made known by various facu lty groups or by adm inistrators of the various u n its . As a re su lt of p ressu re by the In ter-F acu lty Council^ in 1953, a thorough re study of the tenure provisions in the con tract w as made by the Executive Council and a sp ec ia l committee of th is group. Following th e ir recommendations the State Board of Education adopted the current tenure regu la tion s, as follow s: 1. The members of the in struc tiona l and sc ien tif ic s ta ffs of the U niversity sh a ll be c la s s if ie d and ranked , at the time of ap­ pointment or reappoin tm ent, as p ro fe sso rs , a sso c ia te p ro fe s so rs , a s s is ta n t p ro fesso rs , le c tu re rs , in struc to rs or a s s is ta n ts . 2 . P rofessors and a sso c ia te p ro fessors are on permanent appointment; p rovided, however, th a t the in it ia l appointment to a fu ll p ro fessorsh ip or to an a sso c ia te p ro fessorsh ip may be for a lim ited term . Such lim ited term appointment may be renewed; provided, however, th a t reappoin tm ent a fte r th ree years of se r­ v ice sh a ll be deemed a permanent appointment. 3 . A ssis tan t p ro fessors are on a one year appointment for the firs t two y e a rs , a fte r which reappoin tm ent, un less otherw ise sp e c i­ f ied , is for a term of three y e a rs . 4 . L ectu rers, In structo rs and a s s is ta n ts are appointed for one y ear, un less o therw ise defin ite ly provided. 5\ At the exp ira tion of the term of appointment of a p ro fesso r, or an a sso c ia te p ro fesso r, if appointed for a lim ited term , or of an a s s is ta n t p ro fesso r, lec tu re r, in s tru c to r, or a s s is ta n t , there is no obligation whatever to renew the appointm ent, and w ithout renewal the appointment thereupon lap ses and becomes vo id . In 1 1 . MINUTES, o jD .jc it., p . 861. 2 . C f. an te , pp . 175-176. 3. MINUTES, op. c l t . , p . 6757. every ca se of such nan-renew al of appointm ent, o ffic ia l notice thereof sh a ll be g iven by the ch ief execu tive of the in s titu tio n , not la te r than April 15th; provided, th a t a no tice given n inety days prior to the expira tion of the con tract sh a ll be su fficien t in c a se of the non-renewal of the appointment of any member of the Agricultural Extension S taff. 6 . The t i t le s and functions of adm inistrative o ffice rs , such a s d e an s , d irec to rs , chairm en, e t c . , being commonly assigned to persons holding the rank of p ro fesso r, may be transferred by the chief execu tive of th e in s titu tio n from time to time from one p ro fessor to another as the in te re s ts of the U niversity may demand. 7 . Any adm inistrative o fficer or any member of an in stru c ­ tiona l o r sc ien tif ic s ta ff may be removed a t any time by the Board, (a) a fte r a hearing , (b) on the recommendation of the ch ief execu tive of the in s titu tion ; provided, tha t w ith such recommendation there sh a ll be transm itted a sta tem ent from the ch ief execu tive of the in s titu tio n , w ith which such officer or s ta ff member is connected , and a lso a copy of any report of the Committee on Service prepared in accordance w ith the pro­ v isions of Section 8 below . In c a se s of in effic iency , rep rehensib le conduct or insub­ ord ination , such ch ief execu tive may suspend any adm inistra­ tive o fficer or member of the in stru c tiona l or sc ien tif ic sta ffs un til the next regu lar or sp ec ia l m eeting of the Board. In such c a se s the payment of sa la ry sh a ll c e a se a t the time of su spen ­ sion . If the charges made are not su s ta in ed by the Board, sa la ry sh a ll be paid for the period of su spen s ion . The Board may d irect the su spension of any adm inistrative o fficer or mem­ ber of any in struc tiona l or sc ien tif ic sta ff pending an in v es tig a ­ tion by such ch ief execu tive of charges p resen ted . 8. For the purpose of securing to a ll adm inistrative o fficers and members of in stru c tiona l and sc ien tif ic s ta ffs proper pro­ fe ss io n a l ten u re , and for the purpose of promoting e ffic ien t se r­ v ice to the U n ivers ity , there is hereby e s tab lish ed in each of the in s titu tion s of the University a Committee on Service to co n s is t of one s ta ff member on permanent tenure appointed by the P resi­ dent of the State Board of Education, one sta ff member on per­ manent tenure appoin ted by the p res iden t, and one s ta ff member on permanent tenure e le c ted by the facu lty of the in s titu tio n . The members of such committee sh a ll be appointed to serve for one year beginning September f i r s t . W henever any member of the Committee on Service becomes d isqua lified for any rea son , i t sh a ll be the duty of th e proper appointing o fficer to appoint a 253 su cce sso r for the unexpired term . It sh a ll be the duty of such Committee on Service a t the d irection of the ch ief execu tive of the in s titu tio n , or upon the request of any member of a s ta ff whose removal is p roposed, or who is under su spen s ion , to inquire in to the ca se and to submit a report of i ts findings to sa id ch ief execu tive and to th e sta ff member invo lved . The ch ief execu tive sh a ll transm it a copy of such report for the considera tion of the Board. At the time of such considera tion the o fficer or member involved sh a ll have the right to appear personally before th e Board in h is own defense . 9 . W henever a member of the in struc tiona l or sc ien tif ic s ta ff reaches the age of s ix ty -fiv e years h is o ffic ia l connection w ith the U niversity may be term inated . 10. Nothing herein contained sh a ll be deemed or held to con­ s titu te a surrender or abd ication of any of the powers, d u tie s , or functions imposed upon the S tate Board of Education by the constitu tion and laws of the S tate of M ontana . Resignations In p rac tice the major fric tion over con tract regulations has a risen over re s ig n a tio n s . Procedure in regard to resignations caused em barrass­ ment to the S tate Board of Education in the spring of 1919, when President Monroe of the S tate Normal College fa iled to forward correct information to the Chancellor in regard to the resignation of J. B. C lu ley , d irector of M anual Training a t the College. At the State Board meeting on April 9 , I1919, " it w as d iscovered tha t it w as not h is in ten tion to have re s igned . " However, s ince the C hancello r had been informed o therw ise by President M onroe, he had approved a replacement for the p o sitio n , and the State Board had approved the appointm ent. Since i t seemed ev iden t to the Board I. I . MINUTES, QP. c l t . , p . 495. 254 th a t an in ju s tice had been done to M r. C lu ley , the C hancello r w as in­ formed th a t "it w as the w ish of the Board th a t the C hancello r endeavor to find a su itab le position for M r. C lu ley . m1 In order to avoid as far as poss ib le sim ilar s itu a tion s in th e fu tu re , the Board th en p assed "Univer­ s ity Act 9 04 ," s ta tin g :2 That, hereafte r a ll res igna tion s of members of the regu lar adm in istra tive , in s tru c tio n a l, sc ie n tif ic , or c le r ic a l s ta ffs of th e in s titu tion s of the U niversity of M ontana sh a ll be sub­ m itted in w riting to the p res iden t or d irec to r of the in s titu tion to which the indiv idual belongs; and That, cop ies of a ll such res igna tion s sh a ll be immediately transm itted by sa id p residen t or d irec to r to the Chancellor of the U niversity . Reaffirmation of th is requirement w as made in 1955 when, a fte r some d iscu ss ion of the res igna tion s of D r. Richard Henderson a s dean of educa­ tion at Eastern Montana College of Education , and a lso of D r. Raymond Lowe a s adm in istrative a s s is ta n t to th e p residen t of the same schoo l, the State Board ordered that “copies of the o rig inal facu lty res igna tions from a ll University un its be henceforth p laced on file in the office of the Execu­ tiv e Secretary of the University o f M ontana. Court d ec is ion s ind ica te tha t the power to accep t resignations re s ts w ith the S tate Board of Educa­ tio n , not w ith the p res iden t of the in s titu tio n concerned . The p re s id en t's 123 1. MINUTES. QP. c i t . , p . 495. 2. Ibid. 3. I b id . , p . 7717. 255 T respon sib ility is to report a ll res igna tions to the State Board. The u se of undue p ressu re to secure a resignation from a teach e r on tenure has a lso been ruled as i l l e g a l .2 This d ec is ion w as in the Phillips ca se a t Montana State U niversity , where President Simmons forced the res igna tion of Dr. Phillips in the h isto ry departm ent. Later the Supreme Court confirmed the decision of the lower court in favor of D r. P h illip s , and ordered th a t he be re in s ta ted as of December 13, 1937, and perm itted to resume his d u tie s . Restoration by the S tate Board of Education w as made on September 25, 1944. Other Challenges to Tenure Other challenges have been made from time to time to tenure pro­ v is io n s . One ra ther frequent p rac tice not apparently ju s tif ied by the tenure terms of the con tract is th a t of appointment to permanent tenure s ta ff mem­ bers not holding a sso c ia te professor or p ro fessor rank . This p rac tice came under fire in 1943 in the c a se of M rs . A. L. LeC laire , a former M ontana State University n u r s e .3 Employed in 1922, she la te r became D irector of the Health S erv ice , rece iv ing even tually th e s ta tu s of permanent tenure even though she never rece ived a rank which would en title h e r, under the 123 1. REVISED CODE OF MONTANA, 1947, Vol. 4 , p . 826. 2 . MINUTES, op . c l t . , pp . 2715, 2772-2774, 2839, 3031, 3433, 3997-3998, 4036. 3. I b id . , pp . 3645-3646. 256 terms of her co n tra c t, to such considera tion . In 1937 she w as notified by President Simmons of M ontana S tate U niversity th a t her se rv ices were no longer requ ired . In 1943 she subm itted a claim to the State Board of Education for sa la ry from September I , 1937, to September I , 1940, basing her claim on the fac t th a t she had been granted permanent tenure as an a s s is ta n t p ro fesso r, and therefore could not be removed from of­ fice excep t through the channels provided in her con trac t. The c a se w as referred by the Board to the p residen t of the U niversity , Dr. Ernest M e lb y .1 Two lega l questions were involved: (I) whether a p residen t has the authority to grant permanent tenure to an a s s is ta n t p ro fesso r, and (2) whether the granting of permanent tenure in any one year holds for following con trac ts in which the p ro fessiona l rank is changed. In re ­ ferring the case to President M elby , th e State Board a lso asked th a t the lo ca l execu tive board of Montana S tate U niversity p a ss upon " ju s tif ic a ­ tion for the c la im . " Report w as made to the State Board of Education on December 18, 1944, w ith the ju s tif ic a tio n in favor of M rs . LeC la ire 's son , since she w as now d ece a sed .^ However, apparently no attempt was made to p a ss upon the leg a l questions involved , for the State Board again referred the claim back to Dr. M elby for more sp ec ific information as to the s ta tu s of "permanent tenu re . " Since no further d iscu ss ion of 12 1. MINUTES, op . c i t . , pp . 3660-3661. 2. I b id . , p . 4094. th is claim came up in the State Board of Education, i t may be presumed tha t the case w as se ttled w ithout recourse to court a c tio n , w ith the question s t i l l un se ttled as to th e leg a l authority to confer such perman­ en t tenure or to bind future con trac ts w ith such conferra l. Another c a se involving tenure w as th a t of Philip O . Keeney, College Librarian and Professor o f Library Economy, who a lso w as removed by President Simmons of Montana State U niversity . This removal w as effected by means of om itting h is name from the l i s t of appointments for 1937-1938* as subm itted to the S tate Board of Education. In the Board meeting it w as noted tha t he w as on tenure and therefore could not be re ­ moved w ithout a hearing . However, a fte r an execu tive se ss io n of the Board in which various o rganizations were heard in defense of M r. Keeney, the Board recorded no action and took no s tep s toward providing for a hear­ ing . In the July m eeting , an attempt w as made to have the m inutes of the April execu tive se s s io n recorded as a part of the regu lar Board m inu tes, but the attempt w as u n su cce ss fu l, as w as a further attempt (I) to have M r. Keeney reemployed, and (2) to provide for a leg a l hearing for him be­ fore the S tate Board. By September, M r. Keeney had in s titu ted "mandamus proceedings in the D is tr ic t C ou rt," for w hich President Simmons w as 12 257 1. MINUTES, op . c l t . , p . 2583. 2. I b id . , p . 2618. 258 authorized to employ leg a l counsel to rep resen t Montana S tate University and the State Board of Education. ^ The c a se w as fin a lly carried to the Supreme Court, which ordered fu ll resto ra tion of M r. Keeney on the b asis of unlawful removal of a tenure p ro fesso r w ithout a leg a l hearing . The Board complied w ith th is order on July 10, 1939, and authorized such res to ra tion , allow ing him "the sa la ry and emoluments o f such position from September I , 1937. Another development involving tenure w as in the Supreme Court ruling of March 11, 1954, in the M eens c a s e . In th is c a s e . Dr. Richard M een s , a p ro fessor on permanent tenure a t Eastern Montana College of Education, had been sh ifted by President Peterson of th a t in s titu tion from a tw elve-month to a ten-m onth con tra c t, w ith the new appointment confirmed by the S tate Board of Education. The new sa la ry offered M eens w as e igh ty -five per cen t of the o ld , determ ined by using the standard formula approved for such conversion in 1944 by the S tate Board of Educa­ tio n . Dr. M eens in s titu ted mandamus proceedings aga in st the State Board of Education, claim ing a b reach of con trac t. In fighting the ca se the State Board re lied on i ts claim th a t it could no t, a s an in teg ra l part of the State of M ontana, be sued w ithout i ts con sen t. No attempt w as made to refute the so -c a lled "fac ts " in the c a s e , as subm itted by Dr. M een s . In its 1 1. MINUTES, op . c l t . , P. 2672. 2. I b id . , p . 2986. 3. STATE REPORTER, Vol. 11, pp . 95 -101 . (Case No. 9217.) 259 dec is io n , the Supreme Court ru led in favor of Dr. M een s , awarding him damages as claim ed by him. S pec ifica lly , the Court ru led th a t th e State Board of Education may be sued for a breach of con trac t w ithout the con­ sen t of the S tate . By in ference , in th a t i t confirmed the damages awarded Dr. M eens by the lower court, it a lso ru led th a t a s ta ff member on per­ manent tenure may no t, w ithout h is con sen t, have h is sa la ry or emolu­ ments reduced to a degree different from th a t of a ll o ther s ta ff members in a sim ilar s t a tu s . A lso, in e ffe c t, th is d ec is ion implied th a t down­ grading in rank is not po ss ib le for a s ta ff member on permanent s ta tu s . Salary Schedules C lose ly akin to questions of tenure are the problems of sa lary sch edu le s . Early in 1919 the Chancellor brought th is problem before the State Board of Education , seek ing au thoriza tion to co llec t "data regarding sa lary schedu les w ith a view to study such figures by the Board, for purpose of la te r in te llig en t ac tion . W hile no sp ec ific action as such followed th is s tudy , th e problem w as recognized from time to time w ith some attempt apparently made to develop in each in s titu tio n some pattern of schedu le , although no aim was made for a U niversity -w ide sa la ry system . By 1944 Chancello r Me lb y 's report to the State Board of Education Ind icated th a t a sa la ry system "of so rts" w as p resen t in the U niversity system . At 12 1. MINUTES. QP. c i t . , p . 550. 2. I b id . , p . 3943. 260 th is time the Board approved1 a system atic plan whereby facu lty members on tw elve-month appointments w ou ld , under certa in cond ition s , be granted "o u t-o f-re s id en ce " leaves w ith pay for one out of each e igh t quarters of s e rv ic e , if teach ing on a quarter p lan; one out of each e igh t sem este rs , if on a sem ester p lan . In p rac tice th e se leaves were to be granted by the State Board of Education on the recommendation of the p residen t of the in ­ stitu tion concerned . The leaves were to be used for s tudy , approved trav e l, or r e s t , as deemed b e s t for the in s titu tio n . The p lan a lso included a provision whereby a formula w as adopted for conversion of a tw e lve- month sa la ry appointment to ten months — the new sa la ry to be e igh ty - five per cen t of the o rig inal s a la ry .2 No attempt w as made to s e t sa lary schedu les as su ch , nor h a s any re a l progress been made s ince in th a t d irec tion , although some progress h as been noted toward uniformity of ranges in the different ranks in the s ix un its of th e U niversity system . In April, 1946, the Board authorized ex tra pay for correspondence and ex ­ tension work, the amount of work sub jec t to the approval of the adm inis­ tra tion of the schoo l concerned . ^ In September of th a t same y ear, "out- o f-res id ence" leave w ithout pay w as re s tr ic ted to one year (or fifteen months, if i t included two consecu tive summers). If such a leave were 123 1. MINUTES, 0£._cit_ ., pp. 3921-23; 3925. 2. In April, 1947, the S tate Board approved the formula for conversion of ten months sa la ry to tw elve months — 117.6% of ten m onths. 3. MINUTES. QP. c l t . , p . 4399. 261 g ran ted , the facu lty member concerned w as to s ign an agreem ent, guaran­ tee ing h is return to ac tive duty a fte r the c lo se of the le a v e , or h is res igna ­ tio n , un less the leave should be ex tended by action of the S tate Board of Education .^ An in te res ting development involving sa la ry — apparently no longer followed — occurred in 1916 when the State Board of Education declared th a t it w as i ts " se ttled p o l ic y . . .n o t to employ more than one member of the same immediate fam ily in the regular se rv ice of any one of the in s titu tio n s of the U niversity of M ontana. "2 Retirement Another po licy of considerab le concern to the facu lty is th a t of retirem ent. In the ea rly years of the University sy stem , considerab le ag i­ ta tio n developed for inc lu sion of a ll fa cu ltie s in the benefits of the Car­ negie Pension Fund, which apparently had been opened to include the members of the facu lty at M ontana S tate U niversity a t M issou la . Yield­ ing to th is p re ssu re , the State Board of Education in December, 1922, adopted the follow ing reso lu tio n ;2 W hereas the facu lty of the S tate College w ish to be included in the benefits of the Carnegie Pension Fund as are the facu ltie s of the S tate U n iversity , now therefore 123 1. MINUTES, op . c i t . , p . 4563. 2. I b id . , p . 21. 3. Ib id . , p . 967. 262 Be It re so lv ed , th a t the S tate Board of Education request the State Legislature to amend the p resen t law so a s to grant the facu ltie s of a ll the s ta te in s titu tion s the same p riv ilege . By 1926, reso lu tions were p resen ted to the Executive Council1 requesting the State Board of Education to take s tep s to secure for the University of M ontana partic ipa tion in the C arneg ie 's foundation contributory pension sy stem . While ac tion w as deferred a t th a t tim e , the Council Iater^ re ­ quested the Chancellor on h is next E astern trip to v is it the o ffices of the Carnegie Foundation to "learn w hether there is any po ss ib ility of finan­ c ia l a s s is ta n c e from that s o u rc e ." While no re su lts were forthcoming from th is approach to the Carnegie Foundation, the ag ita tion for some form of retirem ent po licy began to bear fru it in the la te th ir t ie s . At i ts meeting on December 14, 1936, the State Board of Education approved the general id ea of e s tab lish in g some "practicab le p lan of retirem ent allow­ ances for the s ta ff of the U niversity of M ontana, if such a p lan can be so worked out as to ga in leg is la tiv e sanc tion . The 1939 Legislature did approve such a p lan , providing an opportunity for a ll facu lty members then on the s ta ffs of the University system to jo in the "Teachers ' Retire­ ment System" of the S ta te , if they so d e s ired . By th is action a ll such teachers could choose to jo in or to s tay ou t, provided they no tified the 123 1. EXECUTIVE COUNCIL MINUTES, February 19, 1926. 2 . I b id . , October 15, 1926. 3. STATE BOARD MINUTES, p . 2562. 263 Retirement Board on or before November 30, 1939. * At the same time mem­ bersh ip in th is Retirement System w as made compulsory for a ll members of the sta ffs added after th is d a te . In 1955, the Legislature provided facu lty members an opportunity to add Social Security benefits to those of the Montana Retirement sy s tem . W ithin a few months a ll of the un its of the U niversity of M ontana had taken advantage of th e se Social Security pro­ v isions , so th a t now the combined system s provide very adequate re tire ­ ment benefits for a ll s ta ff members of the U niversity system . I . REVISED CODES OF MONTANA, Vol. 4 , PP 971-972. CHAPTER V SUMMARY Thus, the roots of the U niversity of Montana were in the chu rch -re la ted c o lle g e s , The College of Montana and Montana W esleyan U niversity , founded in the te rrito ria l d ay s . This e a rlie r movement for privately supported higher education w as augmented by ag ita tion for a tax -supported sy stem , which bore fru it in 1893 w ith the estab lishm en t of the four o rig inal in s titu tio n s : the agricu ltu ral co llege at Bozeman, now known as M ontana State C o llege; the un iversity of M ontana at M issou la , now Montana State University ; the s ta te normal school at D illon , now W estern M ontana College of Education; and the school of mines a t Butte, now Montana School of M ines . E stablishm ent came, however, only after a b itte r struggle in the Legislature betw een the pro­ ponents of one conso lida ted in s titu tio n and those for four separa ted schools — a struggle which left sca rs to reappear again and again dur­ ing the years as the defeated advocated of conso lida tion sought to in jec t th e ir arguments in to every reorgan ization study . The agricu ltu ral college at Bozeman w as the f irs t ac tua lly to organize a s a schoo l. Impelled by a federal a id premium of $18 ,000 , should it s ta rt before July I , 1893, th is schoo l's lo ca l execu tive board opened th e ir f irs t term of school on April 17, 1893. Two years la te r , on September 11, 1893, th e un iversity 265 of Montana came into ex is tence at M issou la . In 1897, the s ta te normal school opened on September 7 , and in 1900 the school of m ines a t Butte on September 11. Rivalry among the in s titu tion s and duplication of cu rricu la ap­ peared ea rly . Although each in s titu tio n w as organized to furn ish a sp ec i­ fic type of tra in in g , ju s tif ic a tio n w as e a s ily found for almost any type of cu rricu la . D uplication w as e sp ec ia lly apparent betw een Montana State College and M ontana State U n iversity . But even the School of M in e s , most re s tric ted of a ll the in s t i tu t io n s , found it p o ss ib le to in terp ret mining engineering so as to include e le c tr ic a l eng ineering , a curriculum offered both a t Montana S tate College and Montana State U niversity . The various lo ca l executive boards encouraged and abetted th is rivalry and dup lica tion as each school maneuvered to a ttrac t more and more s tu d en ts . Attempts of the S tate Board of Education to remedy th e s itu a tion led to controversy between th ese lo ca l boards and the S tate Board over re la tive power and au thority . By 1909 the Legislature reac ted to th is struggle for power by repealing a ll previous a c ts affecting the lo ca l execu tive boards and re ­ sta ting provisions in a new law making the lo ca l execu tive boards defi­ n ite ly subordinate to the S tate Board of Education. Another problem for the in s titu tio n s w as th a t of f in an c e . Income from the various land gran ts w as in su ffic ien t to provide for adequate f i­ nancing , so each biennium the in stitu tion s had to depend upon the "whims " 266 of the Legislature for appropriation of operating funds. O ften, even when adequate funds were appropria ted , the State Board.of Exam iners, on one pretext or ano ther, would cut the a c tu a l amount availab le to the in s titu ­ tio n s . This maneuver by the State Board of Examiners led to a ju risd ic tiona l struggle betw een tha t Board and the State Board of Education, — a struggle th a t w as not so lved un til 1951, when the State Legislature re s tric ted the State Board of Examiners to "aud it" power. As early as 1900 financ ia l d ifficu lties of th e in s titu tion s impelled President C raig of M ontana State University to recommend in h is annual report imposition of a "s ta ted tax " to insure some form of long-range support. Although nothing w as done at the time to follow up th is suggestion , the idea did fina lly formulate into the m ill levy princip le adopted.in 1920. The rivalry of the in s titu tion s combined w ith the concom itant dup lication of cu rricu la in ten sified the financ ia l problem and in each Legislative se ss io n led to b itte r in -figh ting and log -ro lling for funds to support the respec tiv e sch o o ls . This s itu a ­ tio n , combined w ith the resentm ent over the maneuvering of the loca l executive boards and the p ressure from lo ca l communities in which the in stitu tion s were lo ca ted , led to p ressu re after 1909 for reorganization of Montana higher educa tion . Among the many reorgan ization proposals w as th a t of John H . D urston , ed ito r of the Anaconda S tandard. C entral in the Durston plan w as one executive head for the four in s titu tio n s , to be ca lled Chancellor 267 of the system . Beneath the Chancello r each in s titu tio n would continue in an autonomous fash ion . The 1913 leg is la tu re accep ted th is p roposal, and e s tab lish ed the U niversity of M ontana, composed of the four in s t i ­ tu tions . . It a lso changed the ir conditions of estab lishm en t so as to se t up an in teg rated system of s ta te h igher education under a C hancello r. In the Legislature the Durston p lan had been v igorously opposed by sup­ porters of another p lan advanced by President C raighead of Montana State U niversity . D efeated in the L eg isla tu re , th is la tte r group s t i l l had su ffic ien t influence in the State Board of Education to prevent for two years implementation of the new law . In 1915 th is group w as strong enough to push through both houses of the leg is la tu re a b ill repealing the 1913 law . In th is c ris is Governor Stewart threw h is support to the Durston p lan and vetoed the b ill of rep ea l. In the show -down, the C raighead p lan advocates were unable to p a ss the repeal b i l l over the ve to . To Governor S tew art, th en , c red it must be given for the final estab lishm en t of the M ontana System — an experiment in in teg rated higher educa tion . Spurred on by th is action of the Governor, the State Board of Education implemented the new ac t by e lec ting Dr. Edward C . E llio tt, dean of the College of Education of the U niversity of W iscon sin , a s the f irs t C hancellor of the U niversity of M ontana. D r. E llio tt took office in Helena on February I , 1916, and the new system was underw ay . Progress under the Chancello r system w as not w ithout d raw backs. 268 True, Dr. E llio tt, in the early years of h is adm in istra tion , had a free rein and w as able to e s tab lish p recedents of adm inistrative routine th a t have p e rs is ted down to the p resen t. Also during th is early period he persuaded Dr. Henry H. Swain, former p residen t o f the State Normal College at D illon, an excep tional adm in istrato r, to accep t the position of Executive Secretary of the U niversity of M ontana, a position he held un til h is death in 1941. In add ition . Dr. E llio tt o rganized in 1916 the Executive Council of p residen ts of the U niversity un its as an advisory board on po licy , and th is Council has been an e s s e n tia l cog in the U niversity system ever s in c e . He elim inated considerab le duplication from the University un its as he forced curricu la reo rgan iza tion . Furthermore, he was able to develop a much friend lier fee ling among the facu ltie s of the various u n its . Yet the honeymoon w as soon over. W ith the c lo se of World W ar I , enrollment surged upward in the U niversity un its ju s t a t the time th a t adverse drought conditions wrought havoc to the economic structure of the S ta te . W ith financ ia l support dw indling as a re su lt . Dr. E llio tt in 1920 supported in ­ itia tion of a m ill levy property tax of one and one ha lf m ills for under­ w riting current expenses of the U n iversity , and a lso in itia tion of a bond is su e for bu ild ing s. Acceptance by the people of both of th ese m easures e s tab lish ed the p rincip le of m ill levy and bond is su e s for U niversity support but le ft b a ttle sc a rs tha t made the C hance llo r's ta sk increas ing ly more dif­ f icu lt as c ritic s of h is adm inistrative moves became more agg re ss iv e . 269 Unquestionably th is s itu a tion w as a contributing fac to r in Dr. E llio tt 's decision in 1922 to res ign to accep t the position a s p residen t of Purdue U niversity . As su cce sso r to Dr. E llio tt, the State Board of Education chose Dr. M elvin A. Brannon, p residen t of the University of Idaho. H is major in te res t w as in the area of higher scho larsh ip requirements for the Uni­ v e rs ity un its and for the development of b e tte r understanding and c lo se r re la tions betw een departm ents and un its of the University system . The major achievement of h is adm in istration was th e estab lishm en t of Eastern Montana State Normal School in 1925, w ith i ts opening in Billings in 1927, and the opening of Northern M ontana College at Havre in 1929. This la t ­ te r in s titu tio n had been e s tab lish ed in 1913 as the Northern M ontana Ag­ ricu ltu ra l and M anual Training School and agricu ltu ral su b -s ta tio n at Fort A ssinn ibo ine . However, no Legislature un til 1929 appropriated funds w ith which to carry out the purposes of e s tab lishm en t. E astern Montana State Normal School, now Eastern Montana College of Education, w as added to th e U niversity system as i ts fifth u n it, and Northern M ontana College as i ts s ix th . As had been th e c a se w ith Dr. E llio tt, so i t was a fte r a few years w ith Chancellor Brannon. W ith financ ia l s tre s s e s continuing to plague the University in the wake of the prolonged agricu ltu ral d ep re ss ion , c ritic s of the System gained re c ru its , and a ttack s in c reased aga in st i ts adm in istration , 270 and more particu larly aga in st the Chancellor h im self. Contributing to th is adverse c ritic ism w as the e ffec t of the struggle over the estab lishm en t of the Normal School, a struggle which in many c a se s le ft resen tm ent in com­ munities which had lo s t out in the con test for location of the schoo l. By 1933, resen tm en t, adverse c ritic ism , and open a ttack s had developed to such an extent th a t the Legislature of th a t year p a ssed in both Houses a b ill abo lish ing the C hance llo rsh ip , a b ill th a t fa iled to become law only because of the veto by Governor E rickson. During the controversy over th is b i l l . C hancellor Brannon res igned in a fu tile attempt to prevent its p a ssag e , o r, fa iling in th a t , to re ta in support for the continuance of the C hance llo r 's o ff ic e . However, the enem ies of the U niversity system were able to defeat an appropriation for the office of the C hancello r, and for the next decade the System was carried on in a "ca re -tak e r s ta tu s" under the d irection of D r. Swain, the Executive Secretary , un til h is death in 1941, and a fte r th a t by h is su c c e sso r . M iss Dorothy G reen, who had been for many years secre ta ry to Dr. Swain. During th is period the Execu­ tive Council of the p res iden ts of the un its functioned in an advisory capa­ c ity both to the Executive Secretary and to the S tate Board of Education. M eanwhile , the narrow victory of th e 1940 m illage campaign and the accompanying defeat of the bond is su e for build ings convinced friends of higher education in M ontana th a t the U niversity system w as doomed w ithout a strong leader a t i ts h ead . Accordingly, p ressu re on the Legislature 271 in 1943 succeeded in securing resto ra tion of the appropriation for the C hance llo r 's o ff ice , and the State Board of Education e le c ted as Chancellor Dr. Em est O. M elby , the current p residen t of M ontana S tate U niversity . The la tte r , uncerta in whether he would be happy as C hance llo r, secured as a condition of h is accep tance of th a t office a y e a r 's leave of absence from h is du ties as p residen t of M ontana State U niversity . At the c lo se of th is year Dr. M elby did return to h is du ties a s p res id en t, resign ing as C hancello r. However, the State Board of Education, which had given him fu ll support w hile C hancello r, persuaded him to assum e sp e c ia l du ties as "Executive Officer" for the Board. In th is capac ity i t w as specified th a t although he would not act in any manner as C hancello r, he would preside at m eetings of the Executive Council and he would function as d irec ted by the State Board of Education. It was in th is capac ity th a t he promoted in 1945 the so -c a lle d "Melby P lan"1 in the L eg isla tu re , failu re of which was a fac to r in h is fin a l resignation as the Board 's "Executive O fficer." In 1946 the S tate Board of Education made one more attempt to resto re the Chancello r sy s tem , e lec ting to th is position Dr. George A. S e lke , p residen t of S t. C loud Teachers ' College in M inneso ta . Hardly had he become acquain ted w ith the routine of the office when he w as confronted by the n e c e ss ity of guiding the arrangements for the bond- 1. C f. an te , p . 166. 272 millage campaign of 1948. The campaign w as su c c e ss fu l, but out of the maneuvers for the a lloca tion of the share of the bond is su e for Northern M ontana College, a se rious controversy developed which fin a lly evolved in to a ju risd ic tiona l fight betw een the S tate Board of Education and the State Board of Examiners as to re la tiv e power over a llo ca tio n . During th is tw o-year struggle both President Vande Bogart of Northern M ontana College and Chancello r Selke were c a su a ltie s — the former being d is ­ m issed by the S tate Board of Education, and the la tte r resign ing under p ressu re on November I , 1950. The 1951 Legislature reso lved the ju risd ic tiona l fight by de legating by law fu ll respon sib ility for controlling expenditures of the un its to the S tate Board of Education, but reserv ing "audit" power to the State Board of Exam iners. Exasperated by the Chancello rsh ip s itu a tion th is same Legislature abo lished the office of C hancello r. Although leg a l prov ision w as in se rted for an "Executive Head" of the U niversity of M ontana, no appropriation w as made for a sa la ry for such an o ffice r. Succeeding leg is la tu re s have likew ise fa iled to provide any sa la ry for such a p o sitio n . In 1953 the Executive Secretary of the University of M ontana w as made by law d irec tly responsib le to the State Board of Education. Since th a t time the University System has oper­ ated under the more or le s s d irec t superv ision of the S tate Board of Edu­ ca tion , w ith that Board adv ised on e s se n tia l policy questions by the Executive Council of p re s id en ts . Through the Executive Secretary of the 273 University as an officer responsib le to the State Board of Education routine procedures have been carried ou t. The o rig inal dream of an in teg rated system bu ilt around a dynam ic, powerful Chancello r broke down under the ex igencies of p rac tica l p o lit ic s . The rev ised dream th a t such a system may operate w ithout the d irec tion of such a head is now being te s te d in the crucib le of fa te . CHAPTER VL . SOME UNRESOLVED PROBLEMS "It is the purpose of th is Act th a t th e sa id s ix un its of our U niversity system sh a ll be considered for a ll purposes one un ivers ity . " Jn th is succ inc t sta tem ent the 1945 le g is la tu re summarized the a ttitude of the c itizen s of M ontana toward th e ir un ivers ity sy stem . The Montana Plan had survived the rigors of the struggle aga in st the C hance llo rsh ip , repu lsed the foes of separa ted in s titu tio n s bound together by an in teg rated se t-u p — foes who were ever ready to ra ise the b a ttle -c ry of "conso lida­ tion" — and s id e -s tep p ed the c lever m anipulation of tho se working for an a ll-pow erfu l s ta te un iversity a t M issou la in fu ll contro l of the other u n i ts . The M ontana Plan of an in teg ra ted adm inistration w ith separa ted un its operating w ith lo ca l autonomy had emerged v icto rious at the very moment th a t the Legislature had refused to accep t the "Melby Plan" for an a ll-u n iv e rs ity budget. True, much remained to be done to tran s la te the dream into fu ll re a lity . S till in the future were to come the problems of the common ca ta lo g , the common numbering of c o u rs e s , the complete elim ination of unnecessa ry duplicating cu rricu la , the common sa la ry schedu le , e tc . The princip le of one un iv ers ity , however, had been I. I . SESSION LAWS OF 1945 p . 364. 275 accep ted . Yet, d esp ite th is accep tance of the M ontana P lan, or perhaps because of i t , severa l unresolved problems s t i l l rem ained. M ost pertinent were those re la ting to adm inistrative o rgan ization , tho se resu lting from the mounting load of d e ta iled dec is ion s to be made d irec tly by the State Board of Education, those revolving around finance , and tho se concerning facu lty m orale . Adm inistrative O rganization As orig inally conce ived , the Montana Plan w as organized around a Chancellor who ac ted as the connecting mechanism for unifying the u n its . The tragedy of the Chancellor system was the inherent w eakness of the po­ s itio n . Dependent only on nego tia ting sk ill and pe rsona lity , the various C hance llo rs , when th e "chips were down, " lacked the power to enforce adm inistrative po lic ies of the U n iversity . Ineffective in the end , each C hancello r, in h is tu rn , w as forced from the f ie ld , recording in e ffe c t, if not in w ords, the lo s t years of h is incumbency. F inally the Chancel­ lorsh ip i ts e lf fe l l , a prey to those re s is tin g cen tra l con tro ls . This experiment w ith the Chancellors w as not a continuous o n e . For over a decade in th e th ir tie s and early fo rties the U niversity operated w ithout a Chancellor a t i ts h ead . During th is long period , and again in the f i f t ie s , a fte r the b rief res to ra tion of the Chancello rsh ip and its fin a l abolishm ent, adm inistrative d irec tion of the U niversity of M ontana was ' through the Executive Council and the Executive S ecre tary . On the su rface . 276 the Executive Council, composed of the p residen ts of the s ix un its of the U niversity , seemed a log ica l cho ice for formulating po licy and giving d irection to an o v e r-a ll p lan . However, w ithout an ac tu a l execu tive head for the en tire system , immediate implementation of Council dec is ions re ­ solved on a chairman chosen from the group. The chairm anship u sua lly ro ta ted from year to year. Even though the various chairmen honestly and sincere ly sought to carry out th e po lic ies of the group, they were fre ­ quently p laced in a very d ifficu lt po sition , for group po lic ies were often in con flic t w ith tho se m ost advantageous to th e un it o f which the ch a ir­ man was p res id en t. Moreover, the very structu re of the Executive Council prevented sound, reasoned considera tion of problems in the ligh t of Uni­ v e rs ity in te re s ts a s a w hole. Each p res iden t in s tin c tiv e ly — and righ tly so — approached a problem from the poin t of v iew of i ts e ffec t on h is own in s titu tio n . I t w as im possib le for a p res iden t, charged w ith the respon sib ility for the adm inistering of a spec ific u n it, to th ink or a c t w ith complete ob jec tiv ity . H ence, d e c is io n s , when m ade, were frequently the re su lt of ho rse -trad ing and maneuvering ra ther than of reaching re a s ­ oned conc lu sion s, which re flec ted the b e s t in te re s ts o f the U niversity a s a whole. W ithout a C hancello r, the U niversity w as lik e a sh ip w ith­ out a rudder. Mounting Load of D ecisions for the S ta te Board of Education The mounting load of d e ta iled dec is ion s required from the S tate 277 Board of Education1 contributed to th is o v e r-a ll adm in istrative problem . The 1951 Legislature spec ified th a t the Board should check very ca re ­ fu lly a ll expenditures by the u n its . To fu lfill th is increas ing ob liga tion , the Board did change i ts procedure so th a t i t met monthly in s tead of four tim es a year as de fin ite ly p rescribed by law , bu t i t s t i l l found i ts e lf immersed in a g rea te r and g rea te r m ass of d e ta il . The more d e ta iled the problems becam e, the more d ifficu lt w as the Board members' ta sk to secure unb iased and accura te information on which to b a se judgm ents. Beset by the very amplitude of i ts re spon sib ility , the Board in recen t years has experienced more and more c ritic ism a s the re su lt of i l l - considered a c tio n s , many of which have led to quick rev e rsa l under p ressu re . Thus has been revealed the need of some method of obtaining information on which to b a se d ec is ion s of the Board. Finance The most p e rs is ten t problem for th e U niversity of Montana has been th a t of finance . Even before th e c rea tion of th e U niversity system , the orig inal s ta te educational in s titu tio n s frequently found th a t th e ir appropria tions, as made by th e L eg isla tu re , were reduced by ac tion of the S ta te Board of Exam iners. Moreover, such appropriations were often I . Board re sp on sib ilitie s included "genera l control and supervision" of th e s ta te 's public schoo ls and cu stod ia l in s titu tio n s a s w ell a s of the University system . 278 Inadequate to m eet the expenses incurred by rising studen t enrollments and expanding cu rricu la . In fa c t, a s early as 1900 P residen t Craig of the M issou la in s titu tio n in h is annual report c a lled for a " s ta te d t a x . . . to secure permanency, prevent d ifficu lty , and to secu re th e b e s t re su lts . W hile no action followed th is recommendation, i t did emphasize the un­ sound situa tion confronting the p res iden ts of th e various in s titu tio n s , as they sought to develop long range p lans for th e ir sc h o o ls . To be su re , most of the in s titu tio n s had land g ran ts , the income from which they might u se w ithout re s tra in t from the L eg isla tu re . However, such income was too sm all to in su re any sort of a continuing b a se on which to make p lan s . W ith the c rea tion of the un ivers ity system i t became increasing ly ev i­ dent th a t long-term planning for s ta ff and c ap ita l needs was ou t o f the question as long a s the U niversity continued to be dependent on th e whims of the L egislature for funds each two y e a rs . Accordingly in 1920 the people of Montana decided in favor o f the m ill-levy p rincip le by which, every ten y e a rs , the people would decide on the s iz e o f m ill levy th a t might be u sed d irec tly for fin anc ia l support o f the un its of the U niversity . Since th a t tim e the o rig ina l levy of one and on e -h a lf m ills for th is purpose has been in c reased to s ix m ills . O rig inally th is levy , in addition to the land g ran ts , provided su ffic ien t income for a continuing support o f the I. I . C f. Ante, p . 91. 279 University u n its . However, in recen t years th e p ressu re of rap id ly increasing enro llm en ts, coupled w ith the con stan t in fla tion of the do lla r, has made i t n e ce ssa ry each biennium to depend more and more on supp le­ mental appropriations from the G eneral Fund. Currently more than half of the support for the U niversity is from the G eneral Fund, a situa tion th a t lead s in c reas ing ly to p o litica l maneuvering in the Legislature and to consequen t d isruption of sound long-range planning for sta ff and c ap i­ ta l n eed s . A so lu tion to th is fin anc ia l problem is v ita l to th e University system . Faculty Morale Po lic ies in regard to ten u re , retirem ent, and sa la ry shcedu les are tho se most c lo se ly w atched by facu lty members in the U niversity system . Tenure and retirem ent p rov isions are for a ll p rac tic a l purposes app licab le to each member of the University facu lty , regard less of the in s titu tio n in which th e facu lty member may be serv ing . By p rac tice as w ell as by court d ec is io n a facu lty member on permanent tenure is secure aga in st e rra tic ac tion or spontaneous eruptions by adm in istrative o ffic ia ls Regulations for the a tta inm ent of tenure are c lea rly s ta ted in the annual con trac ts as are th e p riv ileges of a ttend ing th a t s ta tu s . Removal may only be for " c a u s e ," and th a t de fin ite ly proven in a public hearing in which the s ta ff member may have the benefit o f leg a l coun se l. No down­ grading e ither in sa la ry or rank is perm itted . Retirement prov isions are c learly s ta te d in the T eachers ' Retirement Act. In add ition , facu lty members are en titled to Social Security b e n e f its . No re a l po licy , however, ex is ts in regard to sa la ry sch edu le s , nor i s there any con­ certed U niversity -w ide movement for the attainm ent of such . In most of the un its a pa ttern e x is ts , by which the adm inistration recommends sa lary adjustm ents and new sa la r ie s w ith in ranks, bu t no evidence is p resen t to ind ica te the ex is ten ce of c le a r-c u t standards by which a facu lty mem­ ber may be p laced in a certa in rank or advanced to a higher rank . The s ta tu s of the ind iv idual facu lty member i s s t i l l a question of sub jec tive reaction by adm in istrative o ffic ia ls w ithin a un it. Conclusion These, th en , are some of th e unsolved problems res tric ting final in teg ration of the U niversity u n its . Schemes of fu ll un it autonomy and p lans for the chancello rsh ip have both fa iled . The current combination of Executive Council and Executive Secretary i s bu t a stopgap . S till to be worked out is an adm in istrative o rgan ization th a t w ill re ta in p ro fes­ siona l autonomy in the un its a t the same time th a t i t provides su ffic ien t checks and b a lances to prevent n eed le ss duplication of cu rricu la and un ­ wholesome and d estruc tiv e competition among the u n i ts . The mounting load of d e ta iled d ec is io n s required from the S ta te Board of Education is another fac to r of much concern . W ith o rgan iza tional d e ta ils becoming 280 281 Increasing ly complex, and w ith no executive head ava ilab le to p resen t such d e ta ils in an accep tab le manner to the members of the Board, th is problem is acu te . Some method must be developed by which the members of the S tate Board may be a ssu red th a t the information p resen ted to them is accu ra te , re liab le , and unb iased . Only thus w ill the S tate Board of Education be ab le to make co rrect dec is ions about the many problems presen ted to i s . The problem o f finance is o f major concern . Experience has demonstrated the inadequacy of e s tab lish ing a sound continuing base on income from land grants and m ill levy . Land g ran t income is re la tiv e ly in sign ifican t in th e current U n iversity budget, and a m ill levy large enough to in su re a sound b ase would never receive the approval of the people in the general e lec tion . On th e o ther hand , a return to the ea rlie r system by which th e in s titu tio n s had to reso rt to log -ro lling and p o litica l m anipula­ tion each two years i s not to be considered . Such a p lan would lead to uncerta in ty each two years as to the fin a l appropriation and would negate any po ss ib ility of long-range planning for s ta ff and c ap ita l n e ed s . The problem is to find some formula by which assu red support may be ob tained for a t le a s t th ree-fou rth s of the U niversity budget, w ith th e ba lance le ft to th e d isc re tion of the Legislature a s i t m eets each two y ea rs . F inally the problem of facu lty morale should not be overlooked. C onstan tly in ­ creasing enrollments impel continuous p ressu re for s teady in c re a se s of sta ff for the U n iversity . At i ts b e s t , recruitm ent for co llege facu lty is a 282 d ifficu lt p roposition . In recen t years recruitm ent h as been complicated by the s teady upward trend o f sa la r ie s in the public sc h o o ls , for i t is w ith the public schools th a t co lleg es and un iv e rs itie s compete for new te a ch e rs . If the U niversity is to m aintain a competitive position in a t ­ trac ting new te a ch e rs , or in holding teachers a lready on the U niversity s ta ff, i t must provide for an adequate sa la ry schedu le . Truly the Montana Plan for an in teg rated U niversity is a unique in s titu tio n . D irec tly responsib le to the S ta te Board of Education the Uni­ v e rs ity o f Montana is a going concern . Having survived the v ic is s itu d e s of i t s development under the C hancello rs and the various s tag es of i ts " ca re -tak e r" s ta tu s , i t is now an accep ted fix ture in the Montana educa­ tiona l system . The comment o f C hancellor Brannon in 1932 is s t i l l I applicable: The d iscu ss io n of the Montana system of adm in istration of higher education on separa ted cam puses has been p resen ted w ith no thought th a t i t is a perfect sy stem , th a t i t has ach ieved the m easure o f su c ce ss d esired by i ts c rea to rs or p resen t adm in is­ tra to rs , or th a t i t would prove a su c ce ss in every s ta te now oper­ ating higher education in two or more separa ted in s t i tu t io n s . The re c o rd .. . does show , however, th a t i t has ju s tif ie d i ts e l f in Montana b ecau se i t has made po ss ib le un ified , e ffic ien t, cooper­ a tive and s te ad ily improved h igher educational se rv ices; i t has perm itted educa tional experts to elim inate unnecessa ry dup lica ­ tions in cu rr icu la ;. . i t has sub s titu ted budgets prepared by adm ini­ s tra to rs . . .fo r the former trad itiona l lobbying in the le g is la tu re . . . The system is being s tead ily improved and streng thened and has the en thu s ia s tic approval of a ll informed and in te llig en t leaders in th e s ta te . I. I . M. A. Brannon, THE MONTANA SYSTEM OF ADMINISTERING HIGHER EDUCATION, (unpublished m anuscrip t. O ffice of Executive Secretary), p . 8. BIBLIOGRAPHY BIBLIOGRAPHY A. BOOKS Burlingame, M errill G . M ontana Frontier. H elena , Montana: S ta te Publishing Company. ________ , and K. Ross Toole. A H isto ry of M ontana. 3 v o ls . New York: Lewis H isto rica l Publishing Company. 1957. Ham ilton, James Mc C le llan . From W ilderness to S ta tehood , A H istory of M ontana, 1805-1900. Portland: Binfords and M ott. 1957. L eeson , M ichael A. H istory o f Mbntana, 1739-1885. Chicago: Warner, B eers, and Company. 1885. O rfie ld , M atth ias Nordberg. Federal Land G rants to the S ta te s . M inneapolis: The U niversity of M inneso ta. 1915. Progressive M en o f M ontana. Chicago: A. W . Bowen and Company. 1902. Sanders , Helen F itzgerald . A H isto ry o f M antana. Vol. I . Chicago: The Lewis Publishing Company. 1913. Shoebotham , H. M n a r . Anaconda, Life of M arcus D aly . H arrisburg, Pennsylvania: Stockpole Company. 1956. S tout, Tom. M ontana, I ts Story and Biography. Chicago: The American H isto rica l Society . 1921. Survey of Land G rant C o lleges and U n iv e rs itie s . U . S. Department of In terio r. Bulletin No. 9. W ashington: O ffice o f Education. 1930. B. DOCUMENTS Annual Reports, Board of Education, Montana, 1895-1901. Annual Report T erritorial Superintendent of Public In struc tion , for year ending November 30, 1868. 285 Biennial Reports of the Superintendent of Public In s tru c tion , 1872 through 1889. Biennial Reports, S ta te Superintendent o f Public In struc tion , 1885 through 1898, and 1950-1952. C a ta log s , a s published: Montana S ta te U niversity , M ontana S ta te Col­ leg e , Montana School o f M ines, W estern Montana College of Educa­ tio n , Eastern Montana College of Education, Northern Montana C ollege. Griffenhagen and A sso c ia te s . Reorganization Report by Governor's Com­ m ittee on Reorganization and Economy. 1943. M inu tes . Executive Council, 1916-d a te . M inu tes . S ta te Board of Education, M arch, 1893-date . Montana: C ensus Report 1860, 1863, 1865, 1870. Montana: Governors1 M e ssag e s , 1864-1903. Montana Legislature: House Journal, 1915, 1917, 1919. ________ . Senate Journal, 1891, 1915, 1917, 1919, 1933. ________ . , S ess ion Law s. 1893, 1899, 1901, 1909, 1913 through 1927, 1933, 1941 through 1945, 1949 through 1955. Montana Population , 1862-1869. Montana Reports: 75, 97. M ontana. R eports, M ineral Land Commission, 1891, 1895. ________ . R eports, S ta te Board of Land Comm issioners, 1897—1900. P re s id en ts ' Reports, U n iversity of M ontana, 1895-1901, and 1908. Report of Normal School Commission (The Montana Plan) to the S tate Board of Education. 1926. Report of Post-W ar Planning and Construction Commission, 1946. Report of S ta te E ffic iency and Trade Commission o f M ontana, 1919. 286 Revised Codes of M ontana, 1895, 1907, 1947. S tate Reporter, Vol. 11. C . PERIODICALS Brannon, M. A. . "The Montana System of Administering H igher Education ," School and Soc ie ty , VoL 35, No. 896 (February 27, 1932), pp . 1 -8 . E llio tt, Edward C . "Inaugural Address, “ The In ter-M ountain Educator, Vol. 12, No. I (September, 1916), pp. 3 -11 . Merriam , H. G . , "Ethnic Settlem ent of M on tana," Pacific H isto rica l Review, Vol. 12 (1943), pp . 157-168. D . NEWSPAPERS Anaconda S tandard, 1898, 1899. Butte M iner, 1898. Dally M lssou llan , 1893. G reat Falls W eekly T ribune, 1893. Helena Independent Record, 1942. H elena W eekly Independent, 1893. H elena W eekly H era ld , 1893. M iles C ity Independent, 1919. New Northwest, Deer Lodge, 1893. E. UNPUBLISHED MANUSCRIPTS Brannon, M . A. Report. "Summarizing some of th e Achievements W ritten in to the H istory of th e U niversity of Montana during th e Ten and a Half Years of My A dm inistra tion ." 1933. 287 Brewer, W . F. "N otes on Early H istory of M . S . C ." 1942. Burlingame, M . G . "Montana S tate College: The F irs t F lf tyY ea rs ." 1943. C oblelgh , W . M. - "Montana S ta te College — Progress In Years from 1893 to 1936." 1943. Ham ilton, James M . "N o te s ." (No d a te .) H anson, Rose C la ir . "The College of M ontana," Freshman English them e, 1943. R iley, Emmet J. "Development of the Montana S ta te Educational O rgani­ za tion , 1864-1930." Unpublished Doctoral D isse rta tion , 1931. S asek , John F rancis . "The Development of Public Secondary Education in Montana Prior to 1920." Unpublished M as te r 's T hes is , Montana S tate U niversity . 1938. Swain, Henry H . N o te s ." February 7 , 1918. F. MISCELLANEOUS Contributions to the H isto rica l Society of M ontana, Vol. VI. Lott, M rs. M elvina J . H istory o f Twin B ridges. Vol. H , H istory of M adison County, pp. 310-400. 1933. MONTANA STATE UWIVERSITV UMAfIESarch D378.Ai42m . . . RL The Montana system an expenmert inint