College could show within three months from the date of the passage of the charter of Cornell University, that it had upon deposit a sum of money, which, in addition to the amount already expended, should, in the opinion of the Regents of the University of New York, enable it to comply fully with the conditions of the act of the legislature, the provisional grant to it should take effect. Within the three months which were allowed, the trustees were required to show to the satisfaction of the Regents, that they possessed adequate college grounds, farm, workshops, fixtures, machinery, apparatus, cabinets, and library, not encumbered. In case the trustees of the People's College failed to comply with these conditions, which were to be determined by the Regents, the act conferring the land upon Cornell University was to be of full effect. In accordance with this provision, it was required that the trustees of the People's College should purchase within the specified time one hundred and twenty additional acres of land, and have funds sufficient for the erection of a new building to provide accommodations for two hundred and fifty students, also for the purchase of collections, apparatus, and library, the erection of shops, tools, machinery, etc., a sum of money equal to $242,000, and to meet these purchases, it was provided that the trustees must deposit $185,000 in one of the state deposit banks at Albany, within the time specified. The estimates upon which this sum was based were made by scholars able to judge of the cost of such collections and apparatus. As it appeared at the expiration of the period designated, that the trustees of the People's College had failed to comply with the law, the entire grant lapsed to Cornell University, according to the conditions imposed by the Regents, which required the People's College to raise only one-half of the sum which Mr. Cornell had so generously offered.

Mr. Cook had promised to endow the People's College. He had failed to do this, and after a serious illness his interest in fulfilling the terms of his offer ceased. The original friends of the college, who had labored so hopefully amid so many discouragements, abandoned gradually all expectations of its final success, and withdrew either from connection with it or from any active support. Among those who remained faithful to the original idea of the People's College to the last were Horace Greeley, Governor Morgan, and Erastus Brooks. It was seen by many of its friends that the dominating influence of the largest benefactor was already controlling disadvantageously the execution of the original plan and so modifying it, that its friends no longer felt an interest in the institution. Dr. Brown, its president, was active later in promoting legislation in Albany in behalf of Cornell University. The People's College died before its birth, and only a feeble preparatory department came into existence. Later the college building and grounds passed into the possession of Mr. Cook and formed the foundation of the present Cook Academy.

The legislature of New York, by a simple act passed at its session of 1863, accepted the national land grant, thus binding itself and the state of New York to comply with all the conditions and provisions of that act. On May 5, 1863, the legislature passed a law by which the comptroller, with the advice of the attorneygeneral, the treasurer, and the chancellor of the university, was authorized to receive the land scrip issued under the authority of the Land Grant Act, and to sell the same and invest the proceeds in any safe stocks yielding not less than five per cent. upon the par value. The money so received was to be invested by the comptroller in stocks of the United States or of this state, or in any other safe stocks yielding not less per annum

than the rate above mentioned, which amount was to remain a perpetual fund, a capital to be forever undiminished, except as provided for in the act of Congress. He was authorized to pay from the state treasury all expenses for the selection, management, superintendence, and taxes upon the lands, previous to their sale, and all expenses incurred in the management and disbursement of the money received therefrom, and all incidental matters connected with or arising out of the care, management, and sale of the lands, so that the entire proceeds should be applied without any diminution whatever to the purposes mentioned in the act of Congress. The act providing for the administration of the Land Grant Fund was followed on May 14, 1863, by the law transferring the income of this fund under certain conditions to the trustees of the People's College. Upon the failure of the trustees of this college to fulfill the requirements of the grant, a charter was given to the trustees of Cornell University. As regards the name of the university, the Hon. Andrew D. White has said: "While Mr. Cornell urged Ithaca as the site of the proposed institution, he never showed any wish to give his own name to it; the suggestion to that effect was mine. He would have called it the 'State College,' or the Central University,' or something of the kind. He at first doubted the policy of it, but on my insisting that it was in accordance with time-honored American usage, as shown by the names of Harvard, Yale, Bowdoin, Brown, Williams, and the like, he yielded. Let me say here that I never knew a man more free from self-seeking and ambition for distinction than the man whose name the university bears."

The first meeting of the trustees of Cornell University was held in the office of the secretary of the State Agricultural Society, in the State Geological Hall, in

the city of Albany, on the 28th day of April, 1865. Of the charter members there were present Ezra Cornell, William Kelly, Horace Greeley, Josiah B. Williams, George W. Schuyler, William Andrus, J. Meredith Read; and of the trustees ex-officio, Governor Reuben E. Fenton, Victor M. Rice, Superintendent of Public Instruction, and Francis M. Finch, librarian of the Cornell Library. In accordance with the charter, seven additional trustees were elected, viz.: Andrew D. White, Abram B. Weaver, Charles J. Folger, George H. Andrews, Edwin B. Morgan, and Edwin D. Morgan. Of the original charter members, Messrs. Ezra Cornell, William Kelly, and J. B. Williams had been trustees of the Agricultural College, and Messrs. Horace Greeley and Erastus Brooks, of the People's College. The most influential representatives of both the earlier colleges were thus united in the support of the new university. It was believed that opposition from these rival institutions would cease if the conflicting interests were thus harmonized. Mr. White had used his influence to prevent the division of the Land Grant fund, and been one of Mr. Cornell's most trusted advisers and supporters in procuring the charter of Cornell University. Mr. Erastus Brooks had been active in securing the charter of the Agricultural College, and had promoted the interests of the university by public advocacy in the New York Express, of which he was editor. Mr. George H. Andrews was selected from the Senate on account of his friendliness to the charter. Mr. Read had actively supported the charter outside of the legislature. Mr. Charles J. Folger, afterwards secretary of the treasury, had likewise used his influence in behalf of securing the land grant for the university. Mr. Edwin D. Morgan, United States Senator from New York, had been active in Congress in promoting the passage of the Land Grant Act.