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The Regents of the University of Michigan and the Legislature of the State, 1920-1950

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The Regents of the University of Michigan and the Legislature of the State, 1920-1950 DOCUMENT RESUME. ED 074 948 HE 003 922 AUTHOR Laird, David B., Jr. TITLE The Regents of The university of Michigan and the Legislature of the State, 1920-1950. INSTITUTION Michigan Univ'., Ann Arbor. School of Education. PUB LATE 72 NOTE 226p. AVAILABLE FROMUniversity of Michigan, Social Foundations of Education Monograph Series, 4124 School of Education Building, Ann Arbor, Michigan 48104 EDRS PRICE MF-$0.65 HC-$9.87 DESCRIPTORS Bibliographies; *Governance; *Higher Education; Historical Reviews; *School Administration; State Government; *State Legislation; State Universities; *Trustees . IDENTIFIERS *University of Michigan ABSTRACT The relationship of the Regents of the University of Michigan and the Legislature of the state, 1920-50 is discussed in historical, perspective. An overview of the theory and practide of the relations between governing boards of public institutions of higher education and state government is presented in Chapter I. Chapter II traces the history of the University of Michigan and its constitutional status. Chapter III documents the modifications and chenges that occurred in the relationship between the University and the State from 1920 to 1950. Chapter IV provides an analysis of the operational effects of the changing relationship between theRegents and the Legislature. The impliCations of the changes in the relationship are analyzed and resultant conclusions are summarized in . Chapter V. An extensive bibliography of primary and se..:ondary sources is included. (Aughor/MJM) FILMED FROMBEST AVAILABLECOPY University of Michigan Social Foundations of Education Monograph Series Number 2 Cr The Regents of The University of Michigan and the Legislature of the State, 1920-1950 U S. DEPARTMENT OF HEALTH, EDUCATION & WELFARE OFFICE OF EDUCATION THIS DOCUMENT HAS BEEN REPRO. DUCED EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATION ORIG INATING IT POINTS OF VIEW OR OPIN- IONS STATED DO NOT NECESSARILY REPRESENT OFFICIAL OFFICE OF EDU- CATION POSITION OR POLICY ti'1 byLvid B LairdJr. "PEPMISSiON 10 REPRODUCE THIS COPY RIGHTED MATERIAL HAS BEEN GRANTED, BY /.1 L /7 -717, 4+1, TO ERIC AND ORGANIZATIONS OPERATING UNDER AGREEMENTS WITH THE US OFFICE OF EDUCATION FURTHER REPRODUCTION OUTSIDE THE ERIC SYSTEM REOUIRES PER MISSION OF. THE COPYRIGHT OWNER 00 C=1 THE REGENTS OF THE UNIVERSITY OF MICHIGAN AND THE LEGISLATURE OF TUE STATE, 1920 -1950 By David B. Laird, Jr. Copyright 1972 The University of Michigan School of Education (Address all orders and correspondence to: University of Michigan Social Foundations of Education Monograph Series, 4124 School Of Education BUilding, Ann Arbor, Michigan 48104) Printed by Malloy Lithoprinting, Inc. Ann Arbor, Michigan THE UNIVERSITY OF MICHIGAN SatIAL FOUNDATIONS OF EDUCATIONMONOGRAPH SERIES Previous Numbers: Number 1 - Philanthropic Foundations and Th.: University of Michiaan, 1922-1965. by Alan U.Jones, 1972 Also available: THE UNIVERSITY OF MICHIGANCOMPARATIVE EDUCATION DISSERTATION SERIES Twenty numbers in print as of1972 Orders and information availablefrom: '.4124 School of Education Building Ann Arbor, Michigan 48104 FOREWORD This second volume in the "University ofMichigan Social Foundations of Education Monograph Series,"The Regents_ of The University of Michigan and the Legislatureof the State, 1920- 1.950 by David B. Laird, Jr.,serves as an excellent companion to the first number in theSeries, Philanthropic Foundations and The University 'of. Michigan. 1922-1965,by Alan H. Jones. Both are historical studies whichinvestigate the re- lationship of a major state universitywith.political and economic institutions with which it hasco-existed during the .past.hal.f-centnry. Published simultaneously:with numbers three and four, these volumes helpto spearhead the efforts of the Series' publishers to shareeducational studies of historical, philosophical, and sociologicalsignificance. The author and the series editorare deeply indebted to the faculty committee which sponsoredthe study: Professor .Claude A. Eggertsen, SchOol of Education,-co-chairman; Profes -' sor Frederick L.. Goodman, School of.Edueation,co- chairman; Professor Paul D.. Carrington, Schoolof Law; Professor. Robert M. Warner., Department Of History;and Professer..G. Max Wingo, School of Education. CLAUDE A: EGGERTSEN. Editor. i. These institutions of learning are very close to the hearts of the people of Michigan. They have made them the most unique organizations known to the law, in this; 'that they are constitutional corporations created for the purpose of independently discharging state functions. The people are themselves the incorporators. The boards that control them are responsible only to the people who elect them. They are independent of every other department of state government. State Board of Agriculture v. The Auditor General (226 Mich. 417) 1924. ACKNOWLEDGMENTS One of the most critical stages of any study is the formulation of the research question and the identifi cation of its parameters. I wish to recognize the vital contributions made by Dr. Peter E. Van de. Water and Professor David L. Madsen at this stage and to note my appreciation for their continuing encouragement. Special gratitude is extruded to Dr. Robert M. Warner and his staff at the Michigan Historical Collections for their superb service and sustaining interest. The patient, and enlightened assistance of Miss Mary Jo Pugh throughout the project deserves particular recognition. The v.:embers of my doctoral committee have been help ful in offering direction and scholarly advice and have my lasting respect and gratitude: Professor Paul D. Carrington, Professor Robert M. Warner, and Professor G. Max Wingo. As CoChairmen of the committee-Professor Claude A. Eggertsen and Professor. Frederick L. Goodman have rendered thoughtful and stimulating assistance at every stage of the process. They have the rare ability to provide continuing support while reminding one of the exacting standards of true scholarship. I am especially indebted to Professor Eggertsen for his skillful and discerning guidance during the writing and revising of the text. Mrs. Bernice Gutekunst has labored over the prepara tion of the manuscript frow start to finish and has earned recognition for her excellent and pleasant service. To my wife, Joanne, I am most grateful for she has Provided seemingly unlimited love, understanding, and sustenance during these past three years. To our daughter, Kutrin,I offer thanks for her boundless enthusiasm and her constant reminders of the joys of each day. TABLE OF CONTENTS Page ACKNOWLEDGMENTS ii INTRODUCTION 1 c. Chapter I. GOVERNING BOARDS AND STATE GOVERNNENT 10 Historical Overview 10 Status and Powers of Governing Boards 18 Realities of the Relationship 25 Reorganization of State Governments and Fiscal Dilemmas 31 II. UNIVERSITY INDEPENDENCE 1817-1920 36 The Catholepistemiad and. Its Early Successors 36 The Constitution of 1835 and. Subsequent Acts of the Legislature 39 The Constitution of 1850 45 Early Forms of Financial Support and the Mill Tax Act of 1867 . .... 51 The University in the Courts 55 Tentative Conclusions 59 III. THE UNIVERSITY AND THE LEGISLATURE IN TRANSITION 61 Signals of Revision and Change 61 The State 67 President Burton's Legislative Programs 69 Campus and Capitol:Collide 85 The Search for Stability 97 The Mill Tax Is Jeopardized ... 102 1932 - -A Pivotal Year 111 A New Form of University Support 114 World War II Period 1941 -1945.... .. 117 Post War Period 1945-1950 121 The Culthination of Transitions 132 Summary--The UniVersity in Transition 143 iv Chapter Page IV. OPERATIONAL EFFECTS OF THE CHANGING RELATIONSHIP 146 Changes in Process and Substance 147 Constitutional and. Statutory Status .152 Increased Role of University Administrators 155 Emergence of the State Executive 158 BudgetAppropriation Cycle and Competition 164 Increased Legislative and Public Awareness 169 The Altered Relationship: A Summary Description 171 V. INCREASING DEPENDENCE ON THE LEGISLATURE 174 Altered Relationship 176 Lack of Conspiracy and Design 176 Financial Dependence on the Legislature 176 Changing Role of the Regents 179 Increased State Interest and Activity in Higher Education 183 Adjustments in University Independence . 185 Failure to Comprehend Changes 188 Future Research Challenges 191 APPENDIX 194 Report to the Regents March 15, 1949 194 BIBLIOGRAPHY 206 INTRODUCTION In the history of The Universityof Michigan there have been periods of vitality,insecurity, division, pros perity, and glory. Throughout, the University has enjoyed a remarkable support from the peopleof the State of Michigan and in turn has soughtto serve the educational needs of the State. Fundamental to this historicalrela tionship has been the constitutionaland statutory status of the University and the ongoinginteraction between the Universsity and the State Legislature. At the turn of the twentiethcentury, The University of Michigan was in an envied position. As a constitutionally autonomous corporation it hadexperienced a half century of unprecedented growth and development,which elevated the University to preeminenceamong state universities. The application of a statewide propertymill tax to provide operating funds for the Universitywas a model of efficiency and stability., This sYstemsupplemented the constitutional autonomy of the University, providinga minimization of external. influence and politicalcontrol. By 1920 the State of Michiganwas experiencing the problems of rapid populationincreases and industrial expansion. New responsibilities
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