Reconsideration of Prior Opinion Concerning Land-Grant Colleges: Memorandum for James S. Gilliland, General Counsel, Department of Agriculture [December 23, 1993]   [open pdf - 91KB]

"This responds to your request that this Office reconsider our opinion that West Virginia may designate West Virginia State College (State College) as the beneficiary of appropriated funds under the Second Morrill Act, Act of August 30, 1890, ch. 841, 26 Stat. 417 (codified as amended at 7 U.S.C. §§ 321-326, 328), and that, upon such designation, State College would become eligible to receive appropriated funds for agricultural research and extension under 7 U.S.C. §§ 3221, 3222, and 3223. After reviewing the matter once more, we hereby withdraw our original opinion in favor of the revised views expressed in this memorandum. As explained below, we adhere to our earlier conclusion that West Virginia may validly designate State College as the beneficiary of appropriated funds under the Second Morrill Act. We reverse, however, our original conclusion that West Virginia's designation of State College as a Second Morrill Act beneficiary made that school eligible for funds appropriated pursuant to 7 U.S.C. §§ 3221, 3222, 3223 and similar statutes. (Following the usage of Agriculture, we shall refer to these statutes collectively as the '1890 derivative statutes.') Rather, we conclude that State College is not eligible for funds under the 1890 derivative statutes."

Public Domain
Retrieved From:
United States. Department of Justice: http://www.justice.gov/
Media Type:
Help with citations