TO MAINTAIN MILITARY INSTRUCTION AS A REQUIRED SUBJECT IS A MORAL OBLIGATION OF THE UNIVERISTY OF NEBRASKA TO THE GOVERNMENT OF THE UNITED STATES

S. Avery

An Act of Congress approved July 2 1862 signed by Abraham Lincoln donated certain lands to the several states and territories to endow colleges for the benefit of agriculture and the mechanic arts. Our state legislature designated the Univeristy of Nebraska as the recipient of this and other similar funds. The total receipts by the University of Nebraska from federal endowment and from direct appropriations now amount to approximately $500,000 a biennium. It is thus evident that Nebraska has received in all many million dollars for the support education to quote the federal law, where the leading object shall be without excluding other scientific and classical studies and including military tactics to teach such branches as the legislatures of the states may respectively prescribe in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life. When the institutions in the several states prescribed their courses of study, electives had not been heard of. In a given course every subject was a required study. The study of

military tactics was universally required in the courses for men. With the coming of electives later the study of military tactics was retained as a required subject. This was almost universally true at the time of the passing of the National Defense Act approved June 3 1916. The National Defense Act provided among other things for the establishment of Reserve Officers Training Corps in two classes of institutions of college rank namely those not required by law to maintain military instruction and those required by law to maintain military instruction. It provided further that no institution shall receive the benefit of the establishment of a R.O.T.C. unit unless the authorities agree to establish and maintain a two year elective or compulsory military course for all physically fit male students. It is evident to my mind that those who are drafted the bill meant elective for institutions not required by law to maintain military training and compulsory for institutions required by law to maintain military training. I was in a position to know as I served at the time on a committee from the National Association of State Universities that advised the government in drafting the bill. On October 31 1916 I dictated a letter to the Adjutant General applying for the establishment of units of the Reserve Officers Training Corps. This letter was not mailed until approved by the Regents at the meeting on November 4 1916. The two items of interest to the public are 1 and 2:

1. By direction of the governing authorities of the University of Nebraska I hereby submit application for the establishment of one or more unites of the Reserve Officers Training Corps at this institution. 2. Should this application be accepted by the President the authorities of the University of Nebraska hereby agree to establish and maintain a two years course (compulsory for all students except those registered in law pharmacy and medicine and elective for those students) of military training as a maximum for its physically fit male students (except when re prieved adn excused for good cause as authorized by the Board of Regents) which course when entered upon by any student shall, as regards such student unless excused for good cause by a prerequisite for graduation." The application was accepted on November 25 1916. From the date therefore instruction in military science and tactics at the University of Nebraska has been given as a Reserve Officers Training corps unit under a specific and definite agreement between the University adn teh federal government. The proposal therefore to do away with the compulsory features of military drill is in my judgment an attempt at evasion of the terms of the federal land grant of '62 and an aborgation of a specific contract made under the Defense Act of '16 between the University authorities and the federal government. Personally I make no claim that the University would be disciplined as the result of the passing of the proposed initiative law should it be approved by the voters. Wisconsin has by act of the legislature made military instruction an elective. The practical effect in that state has been to weaken the military department and to make it more difficult to supply an adequate number of reserve officers year by yeaer. The federal government has not withdrawn the grants to Wisconsin and the War Department

has not withdrawn its officers and supplies. The federal government is loath to coerce a sovereign state. Some states have repudiated their debts also but Nebraska never. To give up the compulsory features of military training in Nebraska would be to repudiate a moral obligation to compel the violation of a contract and to weaken a highly efficient department of the institution.