The Express.
London, England, 1864-06-28 00:00:00

ALL SOULS' COLLEGE, OXFORD.

The appeal respecting the conduct of election to
fellowships its All Souls' College was heard yesterday by
the Archbishop of Caaterbury, as manor at LesehMh raises.
Sir John Coleridge sat as assessor to the archbishop, with
Dr. Twirls, Q.C., as • mooed assessor.
Mr. J. W. Coleridge, Q C., with whom was Mr. C. C.
Bonen, cased the are for the appellant fellows, Mr. A. G.
Watson and the it,,. W. H. F remautle. The appellants
asked his grace to disallow the following bye laws, made on
the 21.1 of May, 1861 :—" The merits of the imedidatea,
as shown in their rumination, must be seartained by
each elector. Each must exercise hie own judgment as
to the positive and comparative merits of the candidates
area of l the papers, or by personal c3anounioation with
the eternities", or some fellow qualified to inform him. And
each of the examiners shall, whenever personally applied
to, by ally one or sorsa the electors, communicate to the
applicat or applicable hie opinion as to the examinatioe,
and the positive and comparative merit of the candidates,
as shown thereby. Each examieer shall he bound to
state, when celled upon to do so, either privately, or at the
allege meeting on the day of election immediately preceding
the prelimioary meeting, his opinion as to order of merit of
the modidates in each of the subjects in which he himself
has examined them. The examiuers may, if they think
fit, arrive at the order of merit by a system of marks."
His grace was asked to disallow these bye laws, on the
grand that they contravened the ordinate, framed by the
commissioners appointed for the purpcee of the statute 17
and 18 Vic. c. 81, ID relation to All Souls' College. The
partials/ 01•1114 of the ordinance which the appellate con-
sidered the bye-law contravened was as follows :—" The
intellectual qualifimtions of the candidates for fellow-
ships shall be tested by an examinatioa is each subjects
recognised in the school of jurisprudence and mo-
dern history within the university, as the warder and
fellows shall deterrnioe ; and the warden and fellows
shall sleet that candidate (being otherwise duly qua-
lified according to the statutes in force for the time
beige) who, after such examination' shall appear to them
to be of the greatest merit, sod most fit to be a fellow of the
college as • place of valves and learnieg with spe-
cial refineries to the subjects recognised in the said school."
The learned camel proceeded with his argument by saying
that two thine were allowed on both sides. Os. that thine
should be an examiaatioo ; the other that the eternisation
should not be conclusive; that if tee modidate bad 100
marks and the others not more than AO, it did not follow
that the one having 100 marks should be elected. The
diculty we, to give the right and no more, to the examiners
on the mai band, to the electors on the other.
Whoa the IMMUNE'S had concluded their ex-
aatinatiou and made their decisions se to whom
they should grant the order of mole, the electors might
ask them questions is reference to the candidates in the
comma room, but the 111111121i211111 were not to make a report,
It had been allesed that as the electors might ask the exa-
miners any questions they pleased, it wan as good as if the
examiners made • report. But if the .samisen were asked
" Which I. the best men ? To whom have you rated
the order of merit!" the elector would be told that •
questioe respecting the order of merit was secluded from
those that might he asked by electors for the perpcee
of esiablio• them to forms. opinion se to the positive sod
comparative excellettoe of the modidates. The appellants
reed that his gram would order that the result of Om ex-
amenities and the order of merit should be made known
formally aid distinctly to a college meeting.
Mr. J. Melds argued ea the other side, that by the pre-
sent method the electors could easily ascertain villas opitnoos
the examiners held is mimeses to the candidates. They
mold be spoken with privately on the subject.
The learood camel we, teessedisg whoa the bearing was
&dimmed natal detardiq.