.:/ -- - ~ / BOARD OF EDIUCATION. "UNIVERSITY PROJECT.T ItEPOlRT OE SPECIAL COMMITTEE. ABiNER L. tFRAZER, ] J. B. PO WELL, JAMES3 F. IR WIN, r, 11. L. TVEHJIMER, Ccomittee. DR. $I. LIIENTIIAL, A. D..MlAYO, FRA NCIS FERR, J' CINCINNATI, 0., June 30, 1869. _~~~~nE~n l —L~a —-- -_-~ —------ --- -- ---------- Yd- - YTle) 11dclCsigncd, m1)eCgmcs of Special Commitee, cldesire to lac)lrd to J. B. PO WTELL, Esqy., ooej of their 2u.mbc2r, the credit of having ldprepared tAhe wit/tin2 report. ALBERT FRAZER, HI. L, WE-THIER, DR. MI. LILIENTIIAL, A. D. MIAYO, JAS. F. IRWIN. RE P O Rr-T, F SPECIAL C0M0lMITTEE UPON THIE ".TJNIIVERSI.TY PRtOJECT." bo t/he.ionoorable Bocarcl oa f llZElcatiolo: GENTLEMIEN: —Your Committee respectfully submit the following report. On the organization of the present Board, on the 7th day of July, 1868, a motion was made and carried instructing the delegates to the Union Board of High Schools to use their efforts to secure the consolidation of that "Board with the Board of Education proper, on some equitable basis, with a view of establishing a University as part of our educational system. It was thought that an intermediate Board would be inclined to destroy that interest and sympathy which should exist between the Common Schools and such a TUniversity. Somre time in Deceimber, 1868, Dr. Lilienthal made a motion, which was adopted, that a committee of five members be appointed to further the above object. In his annual report, published in ~November, or the earlier part of December, 1868, John Hancock, Superintendent of Schools, recommended that the " icli3icken, Cincinnati College, WVoodward, and HIughes Funds " be consolidated, with a view of establishing a University. [Pp. 76-78, Annual Report, 1868-69.] * NoeE.-This report is dated June 30, 1869, and most of the material was prepared before that time. At that date the official connection of Messrs. Lilienthal, Irwin, and Powell with the Board of Education terminated, as that was the last day of the school year, and they were not members of the ensuing Board. Shortly before that time authority was given this Special Committee, by the Board of Education, to " report in print," and they were empowered to''file their report with the Clerk," when completed. Snch report is just being printed, this December, 1869. Fifteenhundred copies of the same Swill be printed for circulation. 4 PRELIMINARY. On the 28th day of December, 1868, the following resolutions were introduced by Mr. Frazer: " WHEREAS, There are in this city several educational interests under public control, but each under different management; and, "WHEREAS, With these various institutions, and the great expenditure of money for them, we should have in this city a system of education of the highest attainable character, and unsurpassed in this country, but which can not be done under the present disconnected interests; therefore, c "Resolved, With the view of consolidating the various educational interests of this city, embracing the " District and Intermediate Schools," the " High Schools," "Cincinnati College," "lcMicicken University," etc., under one management, for their highest development, and to provide for a thorough, uniform course of instruction, that a committee of five be appointed (of whom the President of this Board shall be one), to inquire into and report aIt the earliest practicable day upon the general subject of education here, with special reference to the afore-mentioned consolidation, and also what additional legislation, if any, may be required to secure the same." These resolutions were adopted, and a committee appointed. The adoption of these resolutions, practically, compelled a dissolation of the committee appointed in accordance with the motion of Dr. JLilienthal; and on the 11th day of January, 1869, a motion wvas made and carried that such committee be dissolved. Two of the members of that committee were then, on motion, added to the special committee, which submits this report. Colonel S. S. Fisher, then President of the Board, was succeeded by Francis Ferry, who thus became a member of this committee. For the purpose of future reference, your committee has collected in a book of record all such data as it was thought might be desirable to preserve in convenient form. The data cons:sts of full copies, or intelligible summaries, of most of the charters, deeds, wills, records, and like matter, which relate to such funds, with accounts of verbal information received from various officers, trustees, or others connected with the same. There were also copied into said book, plats of the Orphan Asylum lot, the Me1Xicken iHill property, and some of the territory surrounding each. The time, labor, and research expended in bringing together the data referred to were very great, and the Committee desires to.make grateful acknowledgment of the assistance given them by Julius Dexter, Esq. It is believed that this volume will be very desirable, as a matter of history, and will materially facilitate the consolidation contemplated. OBSERVATORY FUND. 5 CINCINNATI ASTRONOMICAL SOCIETY. On the 4th day of March, 1844, the Ohio Legislature granted a special charter to the above society, with the usual powers, to cultivate astronomical science, and providing that the land on which was located the telescope, and all other instruments connected with the institution, should be exempt from taxation, and should not be liable for the debts of the society; and that the trustees should not contract any debts for which they had not the funds to make immediate payment. The management of the institution was to be left to a Board of Control," composed of such numbers as might be determined by the by-laws of the society; the size of the shares to be fixed in the same manner. The by-laws subsequently adopted provided for the election of three officers and eight directors, who should be elected by the shareholders for one year; and the shares wero fixed at $25 each. [Ohio Local ILaws, Vol. 43, p. 123.] M[arch 4, 1845, the above charter was slightly amended. [Ohio Lo. Laws, Vol. 43, p. 215.] On the 27th day of May, 1845, N. Longworth and wife executed a deed in trust to Thomas M. Key (in accordance with a contract made on the 18th day of June, 1843), for four acres of land situated on Mount Adams, reserving certain privileges as to streets and quarry, and providing that the property should revert to N. Longworth and his heirs, "' if the purposes aforesaid be not carried out, or, if carried out, should at any time cease, or be abandoned." [Deed Book 102, p. 440.] The following is the list of officers and directors at the present time ~ A. TAFT, PRESIDENT. WM. HOOPEIR, SECRETARY. WM GOODMA.N, TREASURER. DIRECTORS: EDMUND DEXTER, S. B. IIARRISON, T. D. IINCOLN, SAMUEL F. DAVIS, Jr., GEORGE GRAHAM, RUFUS KING, JoHIN CARLISLE, ROBERT BUCHANAN. One of the Directors informed the Committee that the Observatory is now kept up by annual subscriptions of $100 each from eighteen persons, sucsubscriptions to run for three years. 6 OBSERVATORY FUND. From one to two hundred shares were represented at the last election. For two or three years previous thereto there had been no trustees elected. The following letter was written by Professor Abbe, ait the request of your Committee: "Every one connected with the Observatory will certainly take great pleasure in aiding any judicious plan for the establishment of a'complete university' in this city; hence I take pleasure in stating the organization and status of this institution. "The Cincinnati Astronomical Society was organized in May, 1842. The Stock is held in shares of $25, and the holders elect twelve Directors (or Trustees), a President, Secretary, Treasurer, and Astronomer. The elections are held annually, or at such times as may be provided for. " It is the duty of the Astronomer to conduct scientific observations, and to gratify the desire of the stockholders, and their friends, who may wish to examine the heavenly bodies. At present the Observatory is authorized to pursue investigations rather than instruction. "The ground (four acres on Mount Adams) donated for the use of the Observatory can not be sold without the consent of the he'rs of Nicholas Longworth, and reverts to them in case the Observatory project is abandoned. "The 1,200 shares, producing $30,000, were just sufficient to erect the buildings, grade the ground and roads, and purchase the instruments bought in 1842. There was nothing left; and nothing has bean since raised for a permaqnent endowment. "The instruments belonging to the Observatory are: One Refractor, 11 1-10 inch aperture, 16 1-10 feet focus; outside length of tube, 17 feet; cost originally $9,500, in gold; present value (when put into first-rate condition), $10,000. One Sidereal Clock, value $400, presented by Wr.'W. McGrew. One Barometer and two Thermometers, value $60. "This is not a proper equipment for an Observatory. WVe urgently need, at least, one, and should have three other auxiliary instruments in order to make good use of the Equatorial Refractor, to say nothing of the other instruments needed in other investigations. "At present the Observatory is supported by the contributions of a few of the citizens who are desirous that the institution should be removed to a more favorable location, and be thoroughly renovated. "Should this ever be effected, we could then, mluch more advantageously than noow, offer inducements to students of Astronomy, theoretical and practical, of Geodesy, of Meteorology, and of Terrestrial i Magnetism. Such students ought to reside at the Observatory, where rooms would be provided. "Our library consists of about 350 bound volumes, and 700 pamphlets on special astronomical subjects. CLEVELAND ABBE, Director Cincinnati Observatory. February 7, 1869." ME ECHRANICS' INSTITUTE. 7 It has been recently reported, through the daily press, that the executors of the will of N. Longworth, deceased, have been willing to convey all the right of his estate to the Observatory property to this society, upon condition that $50,000 should be raised, by subscription, with which to endow the institution. There is no reason to doubt that the report is correct, and that it is understood that the land will be thrown upon the market, and the Observatory removed to some more eligible locality, away from the turmoil and smoke of the city The executors estimate the interest they represent at about $50,000. If the property, in the market, would bring that sum, then the endowment would be about $100,000. At the present time the prospect of raising the $50,000 by subscription is anything but encouraging, and, it is believed, that the project is about to be abandoned. The result will be, beyond doubt, that the Longworth Estate will, within a few years, come into unincumbered possession of this property, now rapidly increasing in value, and no one can complain-a result perhaps not entirely unanticipated. OHIO MECHANICS' INSTITUTE. The Ohio Legislature chartered this institution February 9th, 1829, such charter setting forth the purpose of the creation of said institution to be " for the advancement of the best interest of mechanics; manufacturers, and artisans, by the more general diffusion of useful knowledge;" and the same to be under the control of a board of fifteen directors, chosen for one year, and elected by the members and contributors. [Ohio Lo. Laws, Vol. 27, p. 92.] The Ohio Mechanics' Institute is situated on in-lot No. 69, on the corner of Sixth street and Vine. The lot is 60 by 75 feet. John B. ileich, Secretary, informs the Committee that this property is worth from $100,000 to $150,000, and is unincumbered, excepting $10,000, loaned by the Board of Education, in connection with the Public Library transaction, to be returned after one year's notice. The Institute also owns a small lot, in the suburbs, worth about $400. The Institute is supported by the rents from the building, and by yearly memberships, at $3 each; the income being about $7,000. There are about four hundred and fifty life members, who hold 8 FARMERS' COLLEGE. certain privileges, among which is that of attending, with their families, and without cost, all fairs held by the Institute. About three hundred students receive instruction each year in Drawing, Mechanics, and Architecture. The present officers of the Ohio Mechanics' Institute are: CHARLES F. WILSTACH, PRESIDENT. THOMAS GILPIN, CORRESPONDING SECRETARY. H. McCULLUM, RECORDING SECRETARY. JOHN B. HEICH, CLERICK. JOHN F. WILTSEE, TREASURER. D IRECTORS: JAMES DALE, SAMUEL IHANNAFORD, A. ERCIIENBIREC(KER, W. iV. INNES, A. L. BURKE. FARMERS' COLLEGE. The Farmers' College, of Hamilton County, is located at College Hili, Millcreek Township, about six miles from the city; but as the limits of the corporation of Cincinnati will within the next fivo.years probably include that region, such institution has been included in this report. The Committee has recently learned, from one of its trustees, that negotiations are now pending, looking toward the consolidation of the Testern Military Institute, of D)lyton, Ohio, with the Farmers' College, and to the location of this consolidated school at College Hill. Should the limits of our city become so extended as to include this beautiful suburb, it is asked, " Why would not this point be well adapted for the location of the Military, Agricultural, and Astronomical departments of the proposed University?" On the 4th of February, 1846, the Ohio Legislature incorporated the College above referred to, fixing the shares at $30 each, and providing that the stockholders shall "' meet at Pleasant Hill Academy, on the second Monday of April, 1846, and tri-annually, and elect fifteen of their number trustees," who shall have power to fill vacancies, etc. The purpose of this corporation is declared to be to " direct and cultivate the minds of the students in a thorough and scientific course of studies, particularly adapted to agricultural pursuits." The corporation can hold not exceeding ten acres of real FARMERS' COLLEGE. 9 estate, and not exceeding $40,000 of other property. [Ohio Lo. Laws, Vol. 44, p. 163.] On the 5th of April, 1866, the Legislature empowered this society to sell a portion of its real estate, and invest the proceeds in some more suitable manner. [Ohio Lo. Laws, Vol. 63, p. 211. Section 30, township 3 (Millcreek), friactional range 2, Miami Purchase, General Index, first series, Book 8, p. 416; second series, Book 7, p. 346.] The following statement was furnished by General Henry M. Cist, Secretary, at the request of the Committee: "In 1845, after a series of efforts, a corporation was started on College Hill-then Pleasant Hill —to found an agricultural institution. In 1846 a charter was obtained from the Legislature for what is known as Farmers' College. Into this College the school known as Cary's Academy was merged. The institution was conducted under the special charter, granted as stated, until 3i ay, 1852, when a reorganization took place, under the law,'To authorize the incorporation of colleges, etc.,' passed in i852, with capital stock of $150,000, represented by perpetual scholarships of $100 per share. The present college building was erected in 1847. The building is a threestory brick, with two large wings. The main building contains the chapel, and over that the two literary society rooms. "The wings contain, on the first floor, five recitation rooms, and in the second and third stories about twenty-two rooms, used as sleeping apartments for students. The building is in fair condition; a trifling sumn would place it in complete repair. The rooms are all papered, and newly painted throughout. "The number of pupils increased for a period of about ten years, and from.1857 to 1858 was at the highest point; numbering then over 300 students. From that time the numnber gradually decreased each year, until in 1867-68 the number of students was only 30., This year has seen a decided gain, running the number up to about 50; and there are good prospects of more the coming collegiate year. "A President and three Professors constitute the staff of teachers; and the grade of the institution is that of a first-class academy-all that is aimed at. "The faculty consists of Rev. C. D. Curtis, President; Professors J. C. Brodfuhrer, C. H. Gerard, and J. A. Warder. " There are two suits only in which the College is interested. Both are in the Supreme Court of the State of Ohio; decision in both will probably be given this winter. One is a test suit from Clermont County, as to whether the college can collect the face of the subscription imade in that county, or only the interest yearly; some $30,000 are involved, at least, if only interest is collectable; and if the Court holds that the College can collect the face of the subscription, then some $60,000 will be due the college at once, $50,000 of which is probably good. "' The other suit is a claim set up by the heirs of William Cary, of a rever 10 HlUGHIES FUND. sionary interest in 23 acres of land, belonging to the College, which the College has sold. The suit is brought to quiet the College t'tle as to the Cary claim. "The grounds and building belonging to the College are worth from $40,000 to $50,000; the funds permanently invested are something over $60,000, making in round numbers the total value of the assets $100,000, w'th no incumbrances whatever. "The annual income is from $4,200 to $4,500. "The following named gentlemen comprise the Officers and Board of Trustees at the present time: J. C. C. ItOLENSHADE, PRESIDENT. HIENRY i. CIST, SECRETARY. BOARD OR D F TRUSTEES: Eaxv. C. E. BnAB, R. SIMPSON, REv. E. L. DAvIEs, Wr. C. WATERs, A. ID. E. TWErED, N. S. RKNIGHT, G. F. SADD, E. G. RIcEuR,.J. WILDER, J. TUCKERMAN, J. IOlErNFxL J. R. DANY, B. A. I1UNT.' The Board is elected by' ballot, once in three years, by the stockholders. Each stockholder is entitled to but one vote. April, 1870, next rneeting. "The number of perpetual scholarships can not be definitely determined, but from all that can be gathered it is supposed that, at least, 1,500 have been issued. These include the 1,300, and over, in Clermont County. It is but fair to estimate that fully one-half of these are lost, destroyel, or disposed of, so that they will never be heard from. HENRY nil. CIST, Secretary. illarch,.1869." HUGHES FUND.'1le last will ancl testament of Thomas Hughes, dated 4th day of December, 1824, provided that the " residue of my land -and property aforesaid shall be appropriated and applied to the maintenance and support of a school, or schools, in the city of' Cincinnati, for the education of poor destitute children, whose parents or guardians are -unable to pay for their schooling; the said property, the management of the funds arising thereftrom, and those who are fit subjects to receive the benefits thereof, are to be placed under the control of a Board of Trustees. *:' i:S * I _The trustees who remain in said city are authorized to appoint others to fill vacancies from time to time."' * * The land " to be by them kept,`and rents used for the purposes aforesaid, or to be sold, and the proceeds funded." [Probated HUGHES FUND. 11 December 28, 1824, and recorded in Book No. 2, p. 465, " Record of Wills," of' Ham. Corn. Pleas.] The Board of Trustees consists of five members, who hold their position by a life-tenure. The names of the present Board are as:tollows: RUFUS KING, PRESIDENT. W ILLIAMI GOODMAN, TREASURiEtR. BOARD OF TR USTEES: CHARLES H. STEPHIENiS, WVILLIAMI HOOrER, 1-I. H. TATTEMT. In April. 1827, the tract of land referred to was laid out into lots by the trustees. [Book 29, p. 17, Land Recs. of 11am. Co.] ]March o, 1845, a lot on Ninth street was purchased for $9,000, for the purpose of a IHigh School, but in May, 1851, the same was sold for $15,700, and the proceeds invested in a lot on the south side of Fifth street, at the end of MAound, in Park's Subdivision, the lot being 95 feet in front, and 200 feet deep. This ground cost $18,000, and is now occupied by the Hughes HIigh School Building. [Deed Book 168, p. 561.] The following data are from a verbal statement made by John C. Nye, Collector of the Hughes Fund: "All of the Hughes property, except the Hughes High School Lot, is situated between Main and Sycamore streets, and extends from Schiller street (the next street above Liberty), to the Young Ladies' Seminary, on Mount Auburn. There are also two lots, between Main and Sycamore, below Schiller street. MIr. Nye was understood to say that all of the ground included in the within boundaries originally belonged to this grant. The fee of but few of the lots has been parted with. The distance from Schiller street to the Young Ladies Seminary is about ten squares. There are now about one hundred and twenty tenants; these rent about two hundred lots in all, or property capable of being divided into that number of lots. Three whole squares are yet undivided: one rented by Eden B. Reeder, and two by Mr. HIuntington. The latter is now dividing his squares into lots. These three squares are now in pasture. The division of these squares will not increase the revenue of the fund, as the above parties are tenants. All of this property is on perpetual lease, at six per cent., with no revaluation. Of the lots built upon, about three-fourths are occupied by residences. The whole now rent for about $1,900 gross. The original leases were made between the years 1836 and 1840, by the trustees. "Lots of this lease, which, were the fee unincumbered, would be worth from $2,000 to $3,000 each, are now renting for about $10 or $12, per annum; or less than one-half of one per cent. The property was rented without any improvements. The tenants have the privilege of purchase, but can rarely be induced to buy the fee, as they are now exempt from taxation. 12 WOODWARID FUND. " The trustees are disposing of the fee whenever possible, and investing the proceeds in some manner likely to be more easily managed. Mir. Nye thinks that the (disincumbered) fee simple of these leases of the two hundred lots which might be laid out of these premises would average $500 each, or $100,000 in all; and that in time the fee of this estate will be worth more than that of the Woodward estate. "The original trustees were William Woodward, Elisha Hotchkiss, Jacob Williams, and Williamn Greene." WOODWARD FUND. On the 21st of November, 1826, William Woodward executed a deed of trust to Samuel Lewis and Osmund Cogswell,. for seven acres of land, more or less, situated in the vicinity of the junction of Sycamore and Woodward streets, for the purpose of establishing and maintaininFg "a free school for the education of poor children, of the said city of Cincinnati, in reading, writing, arithmetic, and E]nglish grammar; * * * * to be managed and erected by the grantees in this deed namned, and their suecessors, perpetually." These trustees were to hold their offices during life, and elect their successors, and the institution was not to be confined to any particular religious sect or denomination, nor the tenets of any particular religion to be tau(ght, and providod that no persons shall be chosen "' trustees or teachers thereof not possessing good moral characters, and not being believers in the doctrines of the Christian religion." There was also provision made by which a -third trustee should be elected by popular vote. This institution was to be known as the " Woodward Free Grammar School," and provision was nmade for the appointment of five judicious persons as a committee of visitors to the same. None of the land could be sold by the trustees, or rented for longer than fifteen years, without a revaluation at the end of that time; and all such land was to be revalued at the end of fifteen years thereafter, and the rental to be based upon such revaluation. [Deed Book 25, p. 582.] On the 16th day of January, 1827, the Legislature authorized the Commissioners of itamilton County to sell a certain lot of ground, included in these grants, to pay a debt then due the State of Ohio for unpaid taxes and assessments. [Ohio Lo. Laws, Vol. 25, p. 85.] The Ohio Legislature, on the 24th day of January, 1827, incorporated a body to be known as " The Trustees of the Woodward Free Grammar School," and the charter was substantially in WOODWARD FUND. E; accordance with the above trust deed above referred to, and was granted to carry into effect the projects therein specified. [Ohio Lo. Laws, Vol. 25, p. 62.] On the 24th day of March, 1828, William Woodward executed a deed of confirmation to Lewis and Cofswell, trustees, in accordance with the tenor of the above charter. [Deed Book 34, p. 52.] On the 16th day of December, 1830, the said William Woodward executed a deed in trust to Lewis and Cogswell, 1" in consideration of the better education of the rising generation," for a lot 215 by 220 feet, and now known as the Woodward tHigh School lot, and providing that there should be established upon the same a school to be known as the "' Woodward High School, of Cincinnati," in which sho,uld be taught such branches as are usually taught in high schools, and such other branches as the trustees may direct, and transferring to the same all interests vested in the Woodward Free Grammar School, and providing for educating the same class of children referred to in the charter of the Grammar School. This institution was to be under the control of five trustees; the said Lewis and Cogswell to hold their trusts during life, and to elect their successors; and three trustees were to be elected by the City Council, and were to hold their offices for three years each. The said Lewis and Cogswell, and their successors, were to hold the privilege of having four children educated free of expense. [Deed Book 35, p. 52. Also, Deed Book 34, p. 445, for Deed of date May 25, 1830.] On the 15th day of January, 1831, the Ohio Legislature duly incorporated the Woodward HIigh School, of Cincinnati, in confirmation of the above deed, and merged with the same -the Woodward Free Grammar School, and provided that the same should be devoted to the education of "'such children only as have no parents living within the limits of said city of sufficient ability to provide for their instruction." The school was to be free from all sectarian influences, and the teachers of good morals and well qualified to instruct. The same conditions were made as to leases and revaluation as were in the deed to the Woodward Free Grammar School. The trustees were to make a report as to the condition of the finances each year. [Ohio Lo. Laws, Vol. 29, p. 43.] The 27th day of January, 1835, the Legislature empowered the trustees to borrow $2,500, at not over seven per cent. interest, for a term not less than fifteen years, and to mortgage any of 14 WOOD WARD FUND. the premises held in trust to secure the payment of the same. [Ohio Lo. Laws, Vol. 33, p. 23.] On the 25th day of January, 1836, the Ohio Legislature authorized the trustees to establish a " Collegiate Department," and to confer degrees therein, but provided that no instruction should be given in either medicine, law, or theology, and that no degree should be conferred in either of those departments. [Ohio Lo. Laws, Vol. 34, p. 27.] By resolution of the trustees, on the 4th day of May, 1836, the Common School Board was allowed to select two scholars firom the common schools to attend the Woodward College. December 12th, 1840, the first evening schools opened. On the 19th day of April, 1812, the trustees passed the following resolution: " Resolved, That hereafter all of the salaries will depend on the sufficiency of the revenue (i. e., tuition fees), and the Board will not be responsible for any portion beyond what the current revenue will pay after deducting expenses." In the year 1842 the faculty was increased to five professors; and the same year the first degree was conferred. The Board of Trustees is composed, at present, of the followingy persons: WVILLIAMi GOODMAN, PRESIDINT. BOARD 01F TitRUST7'EES: JoHN W. DAiLE, ALPHONSO TAV.T, A. T. GosHomr, S. S. DAVTS. The following verbal information, relative to the Woodward Fund, was received from J. C. Nye, Treasurer of said fund: " There are about eighty lots belonging to the WVoodward estate, exolusive of the Woodward High School Lot. These lots are situated in the vicinity of the Woodward High School, and front on Broadway, Sycamore, Woodward, and Abigail streets. All of the lots are now built upon; some of the buildings being very poor, and some very good structures. The property is rented on leases requiring a revaluation every fifteen years, the rent consisting of six per cent. on the valuation. In 1873, some of the property will be revalued, and about all is to be revalued before 1880. The property is very badly situated, as it is lower than the canal, and is often very wet. Various city officials have promised repeatedly soon to construct a sewer which will afford the necessary relief. "The present net rental is $6,527, making the present valuation about $110,000; but ]Mr. Nye thinks that the fee is worth about twice that sum, or HIGH SCHOOLS. 15 about $220,000. The lots were rented without any buildings upon them; all improvements having been made by tenants. "The property pays no taxes. " The original trustees of the Woodward d Fun were Samuel Lewvis, Osmund Cogswell, and Lewis Howell." WOODWARD AND HUGHES H-IIGH SCHOOLS. On the 19th day of 3May, 1851, the "Board of Trustees and Visitors of the Common Schools," the "Trustees of the Woodward College and High School," and tile "[Board of Trustees of the Hughes Fund," entered into a triplicate contract for the establishment of the'Cincinnati Woodward High School," and the " Cincinnati Hughes High School," as they now exist, which was duly confirmed by the City Council. [Disney's Laws and Ordinances of Cincinnati, pp. 780-790.] Such contract was based upon an act of the Legislature, passed February 11th, 1845, whereby the Common Schools of Cincinnati, with the concurrence of the City Council, shall be empowered to establish such " other grades of schools than those already established as may to them seem necessary and expedient; and, for the furtherance of the above-named object, are also empowered, by and with the consent of the City Council, to contract with any person or persons, whether in their individual, or corporate, or judiciary capacity, or with any institutions in relation to any funds that may be at the disposal of such person or persons, or such institutions, for the education of all such children as are entitled to the benefit of common school fund instruction in the city." These schools were placed under the control of the " Union Board of IHigh Schools," to be composed of six members to be elected by Common School Board, the two permanent members of the Woodward Board, and the three -members elected by Council as members of such Board, and two elected by the Hughes Board from their number-in all thirteen members. Such schools were to be opened to all white youth who might apply, and who wvere residents of the city. July 21st, 1862, a resolution was adopted by the Union Board, and duly approved, by which non-resident pupils should be allowed to attend upon the paying of an annual tuition of $40. By a resolution passed July 18th, 1864, such annual tuition was increased to $50. By the contract of consolidation the Woodward College and High Schootl as to furnish the Woodward High School [Lot with 16 HIGH SCHOOLS. the building thereon, and the annual income of the Woodwar(l Fund, valued at about $4,500; the Board of Trustees of the Hughes Fund was to furnish the Hughes High School lot, and $15,000 cash, and their annual income of about $2,000; and all other items were to be furnished by the Common School Board. And it was made the duty of said Board to erect suitable buildings on each of said lots, either of which would accommodate five hundred scholars, within a specified time thllreaftcr. In the event of the Common School Board's annulling such contract, by refusing, or neglecting, to comply with the same, then the Trustees of the Woodward College and High School shall pay for the building erected on their lot, in four equal annual payments, such an amount as may be agreed upon by three disinterested men; and the Trustees of the Hughes Fund shall pay the cost of the building erected on their lot, over and above the 815,000 by them furnished. The Union Board of High Schools is now composed of the following named gentlemen: FRANCIS FERRY, PRESIDENT. W. F. HURLBUT, SECRETARY. DELEGA TES ROM -BOARD OF ED UCA4'ION. AM. LILIENTIIAL, HENRY L. _WEIMET, A. D. MAYO, LouIs BALLAUF, %HENRY IACK. DELEGATES PROM WOOD WARD BOARD: WM. GOODMAN, JOHN W. DALE. ALPHONSO TAFT, S. S. DAVIs, A. T. GOSHORN. DELEGATES FROM HUGHEESBOARD: WILLIAM HOOPER, CHARLES H. STEPHIENS. CINCINNATI COLLEGE. On the 15th day of October, 1788, John Cleves Symmes, and his associates (John Dayton and Daniel Marsh, Symmes' attorneysin-fact), all of the county of --—, and the State of New Jersey, entered into a contract with the Board of the Treasury (composed of three members) of the United States, for the purchase of 1,000,000 acres of land at sixty-six and two-thirds cents per acre, and on which contract were paid down $82,190 in gold and silver, and under certain conditions a patent was to issue for the same. CIN CINNATI COLLEGE. 117 The'"tract of' land" purchased was "located in the Western country, adjoining the Ohio River," and lay within the angle formed by the Ohio and Great Miami Rivers. [Deed Book V 2-29, p. 57. Recorded 4March 17, 1821.] On the 13th day of September, 1794, a patent wvas issued by the United States to John Cleves Symmes, and his associates, for 311,682 acres of land, but all of this land over and above 238,540 acres was to be held by Symmes and his associates, in trust for certain specific objects, some of which are referred to below. The consideration given for the last above-mentioned number of acres was $165,693 42. The patent was in accordance with an act of Congress passed 5th day of May, 1792, and was based upon the contract before referred to, dated the 15th day of October, 1788. This patent was" issued at Philadelphia, Penn., in the year of our Lord 1794, "and of the Independence of the United States of America the nineteenth," and was signed by George Washington, President. The land was described as lying in the "Territory northwest of the Ohio River," and was to extend from the Great Miami River' to the Little Miami River, and running back from the Ohio River northwardly, for quantity, to a parallel of latitude to be subsequently determined upon. One wlSole township (six miles square) was to be located by the Governor of the Territory, and held in trust "for the purpose of erecting and establishing thereon an academy, or other public schools and seminaries of learning, and endowing and supporting the same, and for no other use, intent, or purpose whatever." Section sixteen, in each township, was reserved for educational purposes. Section twenty-nine, in every township, was to be held for " purposes of religion." [Deed Book S 25, p. 203. Recorded December 4, 1818.] On the 2Sth day of December, 1797, John Cleves Symmes executed a deed to the "First Presbyterian Church of Cincinnati," for the consideration of $16 for in-lots numbered 114, 115, 139, and 140; which lots include the whole of the south half of the square bounded by Main, Fourth, Walnut and Fifth streets. [Deed Book, B 2, p. 518.] The 4th day of February, 1815, the Ohio Legislature, by a special charter duly incorporated "The Cincinnati lancaster Seminary." The charter provided for the election of seven diroctors, and empowered the corporation to hold property not to exceed $10,000 in value, and made valid all donations to the 2 18 CINCINNATI COLLEGE. society previous to the incorporation thereof, and provided, " No political, religious, moral, or literary association shall have an ascendency in the directory, and no religious tenets peculiar to any Christian sect shall ever be introduced into, or taught in, the seminary." [Ohio Lo. ILaws, vol. 13, p. 132.] The 27th of January, 1819, the General Assembly of the State of Ohio duly incorporated, by a special charter, " The President, Trustees, and Faculty of the Cincinnati College." The charter provides that the annual income shall not exceed $11,000, and "that the funds, or stock, of said College shall consist of five thousand shares at $25 each" ($125,000), and that the institution shall be under the conitrol of a [Board of' Trustees composed of " not less than thirteen, nor more than twenty members, elected by the shareholders on the last Friday in 3March, annually, between two and six o'clock P..M., at the College Edifice, and seven of whom shall constitute a quorum." Every shareholder shall be entitled to one vote for each share held by him, and beyond that to only one vote for each five shares. The Board was also authorized to confer such degrees on candidates as are usually conferred by Colleges and Universities in the United States. The Trustees are empowered to appoint a Treasurer, " who shall be required to give bond and security for the faiithful performance of his duty." By this charter the Cincinnati Lancaster Seminary was merged into the Cincinnati College, and this Board was authorized to confer degrees; and it was provided that the Board might' cause the principles of morality and of the Christian religion to be included, but that the religious tenets that may be peculiar to any particular sect or denomination shall never be taught or enforced in the College," and that "the funds of the institution shall not be applied to any use, or for any purpose not herein expressed or intended." [Ohio Lo. Laws, vol. 17, p. 46.] The first ten pages of a work entitled "' The Schools of Cincinnati and Its Vicinity," published in 1855, by John P. Foote, are devoted to the Cincinnati College, and from them the following is culled: "The old College building, at the time of its erection, the finest public building west of the Allegheny Mountains, was called the Lancaster Seminary. It was chartered by the Legislature in 1815 as a'College, with University privileges,' and by donations from generous citizens, received an endowment, -which, could it have withstood the financial reverses of that period, would have produced an income equal to that of most of our well established colleges. The contributions for the erection of a building, and for CINCINNATI COLLEGE. 19 its permanent endowment, were estimated at $50,000; General Lytle having given land valued at $10,000, and considerable cash.'X I' * An organization for the establishment of a Faculty of Arts was effected, andl a course of study adopted similar to that of other Colleges in our country. During the time it continued in operation several young ladies were includedl in the graduating classes.' [ t!". The building having been destroyed by fire in 1845,': "* i the Trustees made powerful, and, finally, successful efforts to erect a better building upon its site, which had, by this time, become very valuable. Of the funds necessary to accomplish this object, $10,000 were advanced by the Young Men's Mercantile Library Association, and the remainder borrowed on bonds for which the building was mortgaged,':"-.'4':':'' The spacious and beautiful building thus erected has a front on Walnut street of 140 feet, and 100 feet deep, is four stories in height, and is of the Doric style of architecture, with pilasters and wreaths of the order, but without other ornament. - -; t - was at one time proposed to unite the Cincinnati College with the Medical College, the Observatory and the two High Schools, and by their combined means and influence to build up a University differing in some r'espects from an11 of those then i? existence; but the plan was not carried into effect. The College has been instructed to wait until the revenue, which is now devoted to the payment of its debts, can be devoted to its legitimate object."'':'':' One of the original founders of the College, Ethan Stone, at his death bequeathed to the Cincinnati College a reversionary legacy." The following deed will probably be of interest as a matter of history, and has a direct bearing on the tenure by which this property is held: " The First Pre.sbyterian Society of Cincinnati to the Cincinnati College: Whereas, the directors of the Lancaster Seminary (now merged into the Cincinnati College by an act of incorporation, passed January 23d, 1819), did, on the 21st day of April, 1814, obtain from the First Presbyterian Society in Cincinnati (incorporated January 12th, 1807), a valid lease of said Seminary for the term of 99 years, on certain specified conditions, of all that lot of ground in the City of Cincinnati now occupied by the united College and Seminary, being the western portion of lots numbered 139, and 140, and forming the west half of the southwest quarter of the block (once known as the Church and Court House square), bounded on the east by Main, west by Walnut, south by Fourth, and north by Fifth street, said lot mieasuring about 100 feet from east to west on Fourth street, and about 198 feet from north to south on Walnut street, as will more fully appear by reference to the original lease aforesaid, recorded in the Records of Hamilton County, Book, page And, whereas, since the successful establishment of Public and Common Schogls within the City of Cincinnati. the provisions of said lease for the gratzitoous annual instructionz of twenty-fivo children in the lower, and three in the higher departnzent of said Seminary have become burdensome and expensive to tihe existing institution, and of no substantial benefit to the authorities of the Church; and several of the remaining obligations and restrictions of said lease being 20 CINCINNATI COLLEGE. calculated to interfere with the prosperity and permanency of said College as an educational establishment, whose advancement it is at once the interest and desire of both parties to promote; And, whereas, for the purpose of effecting said object, it has been mutually agreed upon by the respective authorities of said corporations that a portion of the leasehold (say 43 feet by 100 feet) shall be relinquished by the College to the Church; and a permanent and unconditional title to the remainder (say 155 feet by 100 feet) shall be executed by the Church to the College as a full and final compromise of all matters heretofore in controversy between them; Now, therefore, know all men by these presents, that, &c., X * * t.- * " - K to be used, sold, rented, or otherwise legally alienated or disposed of for the permanent benefit and support of the Cincinnati College, or such other public institution or institutions of learning as may now or hereafter be authorized by the charter of said incorporation; said incorporation, however, and not the tenant or purchaser, to be held responsible for the faithful application of the rents or proceeds thereof to the object before specified; provided'always, that such premises shall not be used for a theater or for a circus." [The date of the above deed is May 201th, 1840, and the same recorded in Deed Book No. 78, p. 364.] The lease referred to in the above deed for the term of 99 years appears never to have been recorded, but the date of the same.is probably about 1814. On the day of' the execution of the above deed, there was a quit-claim deed executed by the Cincinnati College to the First Presbyterian Church for 43 feet on Walnut street by 100 feet on Fourth street, and which deed commenced with the same preamble as the one above. [Deed Book No. 78, p. 251.] On the 21st of February, 1846, the Ohio Legislature passed an act whereby any adult male citizen of said State should be authorized to receive a certificate as an "attorney and counselorat-law and in Chancery," on furnishing satisfactory evidence of his having regularly studied the law for a period of fifteen months, in addition to his having graduated in the Law Department of the Cincinnati College; Provided, that he shall first have passed the usual examination before, at least, five lawyers of good standing. [Ohio Lo. Laws, vol. 44, p. 157.] By an act of the Legislature, dated March 11th, 1845, the Trustees were authorized to issue bonds not exceeding $35,000. [Ohio Lo. Laws, Vol. 43, p. 376.] And a deed in trust to secure the payment of these bonds was executed by the Trustees to John Baker, Griffin Taylor, and John Iiilgour, on the 24th day of November, 1845. [Deed Book No. 107, p. 412.:] The three trustees above named took possession of the premises, and applied CINCINNAII COLLEGE. 21 the rents to the payment of the interest of the bonds, and to the bonds themselves, until they were all ultimately paid off. In October, 1867, A. IH. McGuffey, Esq., as attorney for "the President, Trustees, and Faculty of Cincinnati College," filed a petition in the Superior Court, of Cincinnati, No. 25,205, against the heirs of Griffin Taylor, deceased, as the survivor of the three trustees above named, praying specific performance whereby the title to the above premises might be conveyed to the plaintiff on the ground that the purposes of the above trust had been fully discharged. On the 30th day of October, 1867, a decree was entelred in accordance with the prayer of the above petition, and on the 30th day of November, 1867, Francis Cist, Master Conmmissioner of said Court, executed a deed in accordance with such decree. [Deed Book No. 315, p. 548.] In consideration of an advancement of $10,000, and in pursuance of an agreement entered into January 2d, 1849, the President, Trustees, and Faculty of the Cincinnati College, executed a lease to the "Young Men's Mercantile Library Association " for the front rooms of the second story of the college building, free of rent, for "ten thousand years, renewable' forever," commencing January Ist, ] 849. The apartments are to be heated at the expense of the college; and the use of the large hall (supposed to be that of the Chamber of Commerce), for twenty-four nights during the winter season was granted free of charge, except lighting. By the terms of the lease the apartments rented are to be used by the Library Association for no other purpose than for their library. The College Trustees are to pay all taxes, keep the building, in good repair, except the apartments occupied by the Library Association, and each of the parties to keep the premises insured for $10,000, the same to be applied for rebuilding in case of fire; and the parties are respectively to contribute their portion toward rebuilding, and their rights as above are to extend to said now building. The following is copied verbatim from such lease: " And it is also agreed that if at any time the Young Men's Mercantile Library Association wish to leave their apartments, and give up this lease, the said party of the first part shall be bound to purchase the said lease and pay $10,000, the Young Men's Mercantile Library Association to give ohe year's notice; or, in case the Young Men's Mercantile Library Association so prefer, the Cincinnati College to give a note for $10,000, payable in on year, with interest at six per cent. 22 CNOCINNATTI COtLEGEi "The Young Men's MIercantile Library Association is not to sell to any other than the Cincinnati College, but in case the Cincinnati College firom any cause is unable, or unwilling to purchase, then they can sell to any party, or body corporate, subject to the conditions of their lease." [Lease Book 2, p. 141.] On the 26th of February, 1855, the Trustees of the Cincinnati College rented the large hall, occupying the whole of the back part of the second story, to the "Chamber of Commerce and MIerchants' Exchange," for seven years from the 1st of August, 1854, for $700 per year, in four equal quarterly payments, reservring the use of the hall for twenty-six nights each year. [Lease Book 2, p. 41.] The Chamber of Commerce and AMerchants' Exchange still occupy the premises, and it is presumed that there was a verbal renewal of the lease, or that the lessees hold it by sufferance, as there appears to be no lease on record for any term alfter the expiration of the lease above mentioned. * Eight feet of the south end of this lot, and the seven feet adjoining of the north side of the promises deeded by quit-claim to the Presbyterian Church, were reserved for light and air, and this space has since been sold to Henry Pace, in fee, with the restriction that no building should be put upon the premises over fourteen fect in height, and the same is now occupied by John D. Park & Co. [Date 11th November, 1851, Deed Book 102, p. 177; Deed Book 182, p. 13; Deed Book 78, p. 251.] On the 20th of May, 1840, the First Presbyterian Church, in consideration of an annual rent of $60, leased to the Cincinnati College ten feet of ground on the east side of the college building for the privilege of light and air as long as the college should be used for the purpose specified in the deed. [Deed Book 162, p. 216.] This property has been in litigation in three important suits. In the case of the Lessee of the City of Cincinnati vs. The First Presbyterian Church, the plaintiff brought an action for possession, claiming that the original proprietors of the city designated these lots for public uses; and the defendant claimed the protection of the statute of limitations. The decision was rendered in favor of the defendant. [8 Ohio Rep., Part Second, 298. This case was before the Supreme Court during the Dec. Term, 1838.] The next case was entitled the Cincinnati College vs. The State, and was an appeal from the decision of the Auditor of State. The:' Premises since burned, and the Chamber of Commerce and Merchants' Exchange have found other quarters. CINCINNATI COLLEaGE. 23 Auditor claimed that the property was subject to taxation, because a large portion of the building was used for purposes not of a literary character, and the Supreme Court sustained his opinion. [19 Ohio Rep. 110. This case was decided in the December Term, 1850.] The third case was entitled Carlisle B. Williams et al. vs. " The First Presbyterian Society, in Cincinnati," and was an action for specific performance and other relief; the right of possession being claimed. One of the most important of the many points claimed by the plaintiffs was that the Presbyterian Church was not an incorporated body in 1798, at the time of' the conveyance of fhur lots to the trustees thereof, by John Cleve Symmes, and that there were no " words of perpetuity" used, and that, therefore, the trustees took only a life estate. The church was incorporated January 12th, 1807. It was also claimed that John C. Symmes held the premises, at the time of the conveyance, subject to an equity in favor of the ancestors of the plaintiffs, as the original proprietors, who had dedicated the same to public uses, and which dedication was forfeited in consequence of mis-user. The Court held that the deed was not void for uncertainty, and that if such deed should be corrected to correspond with the intention of the parties thereto it would not be in favor of the plaintiffs. [1 Ohio State Rep. 478. This case was decided by the Supreme Court during the January Term, 1853.] The original College Building Lot was 155 feet on Walnut street, and 100 feet deep. Eight feet of the south end of the lot were sold to Henry Pace. Seven feet more are rented by the Cincinnati College for a cigar stand, which occupies a building less than fourteen feet in height. These deductions leave the lot 140 feet on Walnut street, and 100 feet deep, the size of the present College Building. [Plat Book No. 4, Auditor's Office.] S. A. Sargent, a prominent real estate agent, estimates that this property, if wholly unincumbered, would be worth about $1,000 per front foot, or $147,000 in all. William Hooper, President of the Committee on Finance, estimates the present annual income at about $9,000. There appear to be no incumbrances upon the premises except the $10,000 deposited with the Young MIens Miercantile Library Association. John D. Thorp, one of the Trustees, informed the Committee that there is a certain fund left in the care of the Trustees of the Cincinnati College, by the executor of the estate of Ethan Stone, deceased, for the education of a certain number of young men for 12 C4 MCINN ATI COLLEGE. the Episcopal ministry, and that such fund now yields about $500 per annum, and will, in time, probably produce $1,500 per annum, and that he is of the opinion that this fund is derived from leaseholds. This is the only fund, in learning the condition of which, your Committee met with any serious trouble. In fact, with every other fund, what information could not be received from the records, was easily and very cheerfully given by the Trustees, or others officially connected therewith. The members of your Committee conversed with several of the Trustees of this fund, and had to contend with two difficulties. First, almost all of the Trustees appear to remain in blissful ignorance of every thing of importance connected with the fund; and, second, those Trustees who did possess the information desired, appeared to feel that they were specially ordained to keep such information to themselves. The information desired by your Committee was as to the number of shares which have been issued, and the names of the present holders of the same, and the number of shares which have been represented in some of the recent elections; in other words, to learn who and what are the controlling causes in the management of this fund. In this your Committee signally failed. It may be proper to add that it appeared to be the general impression among the Trustees that the "Secretary and Treasurer" has the controlling influence in this fund, and some of the Trustees appeared to have quite as great a desire to learn whether this was the truth as the Committee, Onlv one Trustee was found who knew any thing about it, and he said that a great deal of the stock had been carelessly issued, and that during the regency of Dr. Drake. Certificates were issued to almost everv one who iwould settle any bills or accounts owing by the College. This Trustee said that he himself held, or controlled, a greater number of shares than any other trustee, or shareholder; but he refused to tell the number of shares that he held, or those held by any other person. Your Committee consulted the "Secretary and Treasurer" of this fund, and although he first said that he would cheerfully furnish any information in his power, and that the original stock books were lost, and that more stock was issued about 1835, yet, when asked for anything more definite, he lost his " usually serene dignity and amiable temper,"' and impressively said that the Trustees of the fund could have such informnation whenever they desired, but that it was the business of no one outside. As long as the'Secretary" and "' Treasurer' can hold the " books and money " of this fund, and M MIOKEN' FUND. 25 impress upon the minds of the Trustees that they owe their position to him, and can lead the Trustees to regard the legal maxim,'"A tenant shall not dispute the title of his landlord," or that German proverb which says,';! It, is not genteel to look at the teeth of' a gift horse," so long may he be safe in his present position. But it is devoutly to be wished that soon the Trustees of this important fund may elect a Secretary and a Treasurer, and they two different persons, as designed by the charter; and if the Treasurer does not now give bond "for the faithful performance of his duty," as specified in such charter, that some one may be elected to that position who may comply with that important provision. It is also to be hoped that the books may be thrown open to public inspection, inasmuch as the fund was originally intended for the benefit of the public, and that thus this institution may be relieved from the suspicion of being a " close corporation." The following is the present list of Officers and Trustees of the Cincinnati College, they all holding over, as there was no quorum present on the 26th March, 1869, at the annual election: ROBERT BUCHANAN, PRESIDEN'T. ALEXANDER A. MOGUFFEY, TREASURER. ALEXANDER H. MCGUFFRrY, SECRETARY. DIRECTORS: RUFUS KING, LARZ ANDERSON, JOHN B. THORPE, WILLIAM HOOPErR, EDWARD D. MANSFIELD, GEORGE C. nMILLER, CHARLES E. CIST, LANDON C. RIVESs, M. D., EDWARD SARGENT, HENRY KESSLER, WILLIAM GOODMAN, GEORGE GRAHIAM, ELKANAH WILLIAMS, M. P., GEORGE HOADLY, STANLEY MA TTHEWS,