Graduation Ceremony, Annual Session for 1870 Medical Department, University of Pacific
Meanwhile, the Faculty of the Medical Department of the University of the Pacific examined their own students and held a separate Commencement on December 7th. The Valedictory Address was delivered by Professor William F. Smith. Eight M. D. degrees were awarded, five of them being the M. D. ad eundem, granted to physicians who had previously received an M. D. from another school. Chester Rowell, son of Professor Isaac Rowell, was one of the three medical students who were granted the regular M. D. degree. It was a great loss to the Department when Professor Rowell, a member of the original Faculty in 1859, died only two months later on 4 January 1871. 
It was not until this juncture that it was discovered that the College property, the transfer of which was an essential condition of the acceptance of the Toland Medical College as the Medical Department of the University of California, was still in the hands of the Trustees of the College. As mentioned, Toland had persuaded them not to deed the property to the University except on the condition that the College should continue to bear his name. To this the Regents of the University objected, and proceeded to annul the transfer of the Toland Medical College to the University. Whereupon Toland took steps to reorganize his College. The Medical Department of the University of California, essentially bereft of faculty, suspended operation, thus avoiding the absurd prospect of three medical schools in San Francisco. 
Beverly Cole Appointed Dean of Toland Medical College
When considering how best to revamp his Faculty, and renew the pursuit of affiliation with the University of California, Dr. Toland was reminded of his old adversary, Beverly Cole. Since returning from Europe in 1865, Cole had become the leading obstetrician in the city and had made widely acclaimed contributions in the public arena. Furthermore, he was thoroughly experienced in medical school affairs and a pillar of the rival Faculty. His forthright and engaging manner, and high profile in the community, made him a leader of just the background and style to energize the Toland Faculty and repair relations with the University. Now grudging mutual respect and common interest overcame past differences. When Toland, with appropriate deference, offered the deanship of the College to Cole, he was attracted by the potential scope of the appointment and promptly accepted.
The resignations of Professors Cole and William F. Smith, both of whom decided to join the Toland School, were reported at the Faculty meeting of the Medical Department of the University of the Pacific on 9 February 1871 and unanimously accepted, but not without comment. At the next meeting of the Faculty on 10 March 1871, Dr. Gibbons, Sr., outraged by the defections, introduced the following resolutions. They were adopted unanimously: 
Resolved, that the withdrawal of Drs. Cole and Smith from this Faculty after participating in the preparation and distribution of the Announcements for the next Session, and after actual commencement of the extra course of instruction, and for the avowed purpose of giving their support to a rival School, is an act of faithlessness to their colleagues, treason to the School and insult to the Students, and that in view of the solemn obligation which they had voluntarily assumed, to cooperate with their associates in building up a permanent medical college, we consider them guilty of unqualified treachery, and devoid of honor and truth.
Resolved, that the foregoing resolution be placed on the record of the Faculty and a copy of these proceedings be forwarded to the Trustees of the University of the Pacific, with the request that the resignations be accepted, and the suggestion that the name of Dr. R. Beverly Cole be erased from the Board of Trustees.
Dean Beverly Cole's name appears for the first time in the Minutes of the Toland Faculty on 16 March 1871. At this meeting it was decided that a monthly medical journal should be issued under the auspices of the Toland Faculty to counter the influence of the Pacific Medical and Surgical Journal. Volume 1 of the Western Lancet, edited by Professor Trenor and Dr. Heman Babock, opened with the issue for January 1872. Volume 2 for 1873 was edited by Professor Cole. Volume 3 for 1874 was edited by our old acquaintance and Cooper adversary, Arthur B. Stout, now Professor of Principles and Practice of Surgery in the Medical Department of the University of California. As previously mentioned, the Lancet was absorbed into the PMSJ in 1884.
Graduation Ceremonies, Annual Sessions for 1871
At the conclusion of the competitive Session for 1871 the Medical Department of the University of the Pacific held its Commencement Exercise on the evening of November 7th in the Mercantile Library Hall. Dr. Lane gave the Valedictory Address and the M. D. degree was conferred on five graduates.
Toland Medical College held its Graduation Ceremony on November 9th in the College building. Three students were awarded the M. D. degree and one student received the degree ad eundem. The Hippocratic Oath was administered by Dean Cole, now fully in charge of the Toland Faculty. 
Negotiations for Medical Department, University of California
By the beginning of the Session for 1872 the Toland Faculty had, under the energetic leadership of Dean Cole, been reorganized and brought up to the full strength of twelve professors, most of them new appointees. In another crucial development, Daniel C. Gilman was inaugurated as President of the University of California on 7 November 1872, shortly after the close of the Session.  
Thus the fall of 1872 was an opportune time to reopen negotiations with the University regarding an affiliation. The embarrassing failed attempt to effect a union between the Toland School and the University in 1870, when Toland blocked the transfer of the School's property, was past history, and Dean Cole and President Gilman were new parties to the issues. The persuasive efforts of Dean Cole and the cooperative spirit of President Gilman soon resulted in agreement on terms acceptable to both Toland and the University.
Toland no longer insisted that the Medical Department of the University be named "Toland Medical College," and agreed to the transfer to the University of the property, now valued at $75,000, with the understanding that:  
In perpetual recognition of the munificence of Dr. H. H. Toland, one of the chairs in the Medical Department, to be designated by him, shall be known as the Toland Professorship; and further, that a suitable inscription be placed upon the Medical Hall which he has given, designating it as the Toland Medical Hall.
UC Historian Frances T. Gardner recalls the fading of these memorials: 
Alas for immortality. Toland's Chair was never named for him. There are no such Chairs in the Medical School. The grey building came down in '98, to be replaced by three large yellow ones on the 27 Parnassian acres given by Adolph Sutro, and with its disappearance also disappeared the name of Toland Hall. The memorials to Toland which, at long last, are left are the title of one lecture hall and a plaque on the wall of the yellow, ivy-covered Medical School Building. Identical honors have gone to Cole, the catalyst.
In order to avoid a misunderstanding such as occurred in 1870, Dean Cole provided President Gilman with a letter from the Trustees of Toland Medical College dated 3 March 1873 certifying their readiness "to make a due and legal conveyance of all the property of the College to the Regents. . .upon receiving from you an intimation of your acceptance of the trust." In addition, Cole gave the President written assurance of Toland's approval. In consideration of these warranties, President Gilman on 4 March 1873 informed the University Regents of the Trustees' offer, recommending that it be accepted, and that a Medical Department of the University be established.  It should be added that this transaction, involving the acquisition of valuable property and a self-supporting medical college, conformed fully with the ambition of the UC Regents and the President to develop graduate schools in the new University as expeditiously as possible. 
Appointment of a Board of Medical Examiners
The Regents proceeded at once to organize the Medical Department in accordance with the Resolutions of 2 August 1870, with the following additional provision for a Board of Medical Examiners: 
Resolved, That the Regents of the University will establish a Board, to be known as the Board of Medical Examiners of the University of California, and will annually appoint the members of said Board, whose duty it shall be to examine all students applying for a medical diploma, as well from the Medical Department of the University as from other medical colleges.
The Regents of the University will confer degrees upon such students of medicine as may be recommended therefor by the faculty of their respective colleges, and whom the Board of Medical Examiners shall report entitled thereto, and upon no others.
The above Resolution was adopted in response to the proposal submitted to the Regents in July 1870 by the Medical Department of the University of the Pacific which, as we shall shortly relate, changed its name to Medical College of the Pacific [Medical Department of University (City) College] in 1872. The Regents obviously liked the proposal for a Board of Medical Examiners which would give them and the President of the University broad control over medical education in the State.
Contrary to their expectations, the creation of the Board had awkward results, as we shall see.
Medical Department, University of California, Established
On 1 April 1873 the Regents formally accepted the gift of the Toland property, voted that a Medical Department of the University (including a Board of Medical Examiners) be created, and publicly announced the election of the following Professors to serve as the Faculty of the Department:
Proposed UCMD Faculty: 1873
From Toland Medical College
H. H. Toland
Professor of Clinical Surgery
R. B. Cole
Professor of Obstetrics and Clinical Diseases of Women
C. T. Deane
Professor of Women and Children
C. M. Bates
Professor of Clinical Medicine
Wm. T. Bradbury
Professor of Therapeutics
A. A. O'Neil
Professor of Anatomy
Professor of Theory and Practice of Medicine
M. W. Fish
Professor of Physiology
Professor of Orthopedic Surgery
From Medical College of the Pacific
H. Gibbons, Sr.
Professor of Medical Jurisprudence and Mental Diseases
Levi C. Lane
Principles and Practice of Surgery
Professor of Chemistry and Toxicology
Professor of Pathology
Professor of Ophthalmology and Otology
H. Gibbons, Jr.
Professor of Materia Medica
Refusal by Faculty of Medical College of the Pacific to Join the Medical Department of the University
To their surprise and irritation, Drs. Gibbons, Sr., and Jr., and Drs. Lane, Price, Bentley and Barkan found themselves appointed without their knowledge, and publicly listed without their approval, as Professors in the new Medical Department of the University of California. They promptly dispatched the following disclaimer to President Gilman and the Regents: 
D. C. Gilman, President University of California
A. J. Moulder, Secretary Board of Regents - Gentlemen:
We have received from you a notification of our appointment by the Regents to Professorships in the Medical Department of the University of California, the appointment having already been made public through the newspapers. Our acceptance would involve the sacrifice of our own school - the Medical College of the Pacific - built up to success by years of assiduous labor. For this and other reasons, we respectfully decline the proffered honor. Indeed, we had already declined, in the most positive manner, a proposition to the same effect, coming, as we were assured, indirectly from the Board of Regents, of which fact a Committee of the Board was apprised.
Under these circumstances, you will pardon us for expressing our surprise at the appointment and the public announcement of it, without further consultation with us, seeing that such a course must inevitably give the impression that we had surrendered our own school, and not only injure us in that way, but place us, in the event of declining to accept, in an unfair position before the public, as factious and hostile to union with other members of the profession in furthering the cause of medical education in California.
Henry Gibson, M. D.
L. C. Lane, M. D.
E. Bentley, M. D.
Adolph Barkan, M. D.
Thomas Price, M. D.
Henry Gibbons, Jr., M. D.
Dr. Gibbons made the following editorial comment on the failed attempt to co-opt the Medical College of the Pacific: 
The design of this movement to consolidate the medical schools is a good one. But in the appointment of the professors of the Medical College of the Pacific, and the public announcement of that appointment, the Regents have unwittingly lent themselves to a trick unworthy of a dignified institution of learning such as the University of California. . .
To "squelch" the Medical College of the Pacific was an avowed purpose of the movement, which was carried through the Board of Regents by dexterous management, the members in general, including the worthy President, not knowing the full purpose of the transaction. Had the Regents exercised greater caution and deliberation, it is probable they might, in the course of time, have accomplished the desirable result of concentrating in one medical school the best educational talent on the coast.
As the case now stands, there continue to be (two medical schools in San Francisco); one bearing the name of the State University, and without the power of conferring degrees, the other - the Medical College of the Pacific - not only having the power, but possessing, in common with its competitor, the privilege of recommending its candidates for graduation to the Board of Examiners of the State University. In other words, the students of the Medical College of the Pacific may choose between the two Universities [University of California and University (City) College] when they apply for a diploma, or, if they should pass the examination in the State University, they may procure also a diploma ad eundem from their own school.
This was the last artful ploy designed by Toland partisans to absorb or otherwise extinguish the Cooper school. In the years to come, the presence of two medical schools in San Francisco never ceased to trouble external pundits such as Abraham Flexner who surveyed them in 1909. He had harsh words for both, as we shall see. 
Opening Exercises, Session for 1873
Medical Department, University of California
On 3 June 1873 Exercises took place in Pacific Hall to celebrate the inauguration of the Medical Department of the University of California, and the first course of lectures to be delivered in Toland Medical Hall under the auspices of the University. 
The Regents of the University were present. On the platform were Governor Booth, President of the Board of Regents; Judge Field of the U. S. Supreme Court; Mayor Alvord; and an assemblage of prominent citizens including Dr. Toland, Dean Cole and representatives of the Faculty and medical community.
The hall was crowded. Governor Booth presided and introduced President Gilman who delivered an appropriate address on the relations of the University to the community in all departments of progress. With respect to the Medical Department of the University, he said: 
For several years (Dr. Toland) and his associates have given medical instruction, and have graduated successive classes of young men. Most unexpectedly, a few weeks since, the Regents of the University were notified that the Trustees (of Toland Medical College) would transfer (the College and its property) . . . absolutely without condition to their ownership. It was a generous recognition on their part of the growing importance of the University, and a testimony of their desire to unite in building it up. Actuated by the same motive, the Regents of the University cordially invited the Professors who had there been instructing, and those who were also engaged in another medical school, to unite in founding the Medical Faculty of the University of California; and they hoped that the time was now ripe for the healing of past differences, and for the union of all who desire the highest progress of medical science in one body. It seems that they were a little before their time. The hour has not yet come when such a union can be brought about, and a portion of those thus asked to join in the Faculty have seen it to be their duty and their privilege to remain in other connections.
The inaugural was an occasion for deeply felt relief and satisfaction by Dr. Toland. He was 67 and the berthing of his storm-tossed school in the safe haven of the State University was the hoped-for result of his ceaseless labor and singular generosity. It marked the operational conversion of Toland Medical College to the Medical Department of the University of California, an event postponed for three years by his insistence that the Department bear his name. It is to his lasting credit that he never lost sight of the crucial advantage of the merger and, on the urging of Dean Cole, withdrew that condition.
Would the Toland School have had the inner strength to survive without the mantle of State University sponsorship to lend prestige, continuity and later financial support? Of this we have our doubts. But there is no doubt that Beverly Cole, who was a vigorous 44 when the Department was established, provided it with crucial leadership until the turn of the century. When the aging Toland died in 1880, "King Cole" fell heir to full responsibility for the direction of the Department.  
After 1873, the Medical Department of the University of California and the Medical College of the Pacific warily accepted each other's existence. Although competition and personal rivalries persisted, the two schools entered an era of relative stability and comparable growth.