, 1881-02-20
THE UNIVERSITY:
And the Two Bills Filed About II.
Real Estate, -:
There Will Be No Conflict of Jpr;,d,..
tion Between the Two Coprt.

a TRIBUNE reporter yesterday cal.edpno, w.
N. X. Fairbank, the President Of rho roa pn.a ~
Trustees Of the Chicago UNIVERSITY. .sa ea.s
he had to say tn relation to the bill Of forrcoss
filed In the United States Circuit Court ars'.' ats
the institution the day before, and pub,;.hess -
this paper yesterday. II haven't anvth,n. :.
sag" responded Mr. Fairbank. Us he WA ,st.,'s "
ready to take Sleigh ride, *'ubout tha rr...4es
You should go to the legal adviser of ,ha sa
tees, MIR. Gregory. He talks law and den,a. ~.
legal questions. Mr. Fairbank then revs,t1s.
to the letter he had written to Mayor Harr.o.
which was read at tho .e-celebradon meetins
at the Palmer House the evening befors
s1r. Fairbank said TINT only hts mia.
est letter was read. His letter n -4Ta@ ~
Ellis would have given more information, Int
he was glad TINT The TRIBUNE puhlIahsI w. W.
letter that was read The other was . it..I4l ~
more binding. "'1@
The next gentleman called upon was -.
p MI:- CHARLES L. GREGORY. ;.
the attorney for the Board OF Trustees ~ ~.
University: Mr- Gregory said that be wantss =
understood that he did not propose to tsv ih;s 4
any other case in which he w.ts counsel II III RS
newspapers. :" ~
:" Bnt this case in which tho puhllci I, .o..
ccraed;" x",. responded ts,,'ias tue reporter:
Burke: As tho wisdom OF man .erpate. ersss ross
institutions, so the folly Of man destruys H. e1
The reporter didn't quite comprehend nd
University shows the folly Of oeemosyaas%p n,so'
tutions borrowing money to carry them On. n
folly Of carrying OIL q charity on boTnTed
money was meyer more fully demonstrated thsn
the part OF Dr. Boone to negotiate such Ioan
II the institution had been unable to borrnrs--
the money 1t would have been gwen By beneyo.
lent persons: What would you think Of s.
IrafI hNrrnKFff1sF Is sat.
Of its patients. and then p!edging its real esass
to pay the dcbt?"
"BUT HOW -ABoCT THE TWO sUrrs?n
'Your premature publication Of our intsox
tons FASTENED the other side. The prucess
however, has been served on the datendants y
brought in tho United States Circuit Court hY
the Union Mutual Life e-lnsurauce Comnany.
have also been served. In the foreclosure sa}
the University IS only made the party defend.
ant; tho people should also have been Included
for they are Interested It Is asserted by NJ
Estler, the attorney for the Douglas heirs that
they propose to interpose cross bill to protec3
their rights. II any rights they have."
.'' But there uEe two suits. one in q State and
the other in United States Court; will not theso
cause u conflict of authorttcs:' :;
"Nor in the least. There is no trouble about
that. The result will be that the two suits vii
be consolidated. It is our right and privilege to
remove our case. to the United Suites Court II
that be done, the two suits will be consolidated.
luErE Is IlO AAt3EcE VI EtASU Ill EQH EOuft3 az
all. The matter Is simple enough. The iusur-
ancc c0snpnu is the moving party in the Gnttea
Stntes Courts, and the University stands as de-
fendant, and AS THAT defendant will stand upon
its legal rights, while the complainant can mere-
~ claim its equitable rights, ana nothing more.
Tho execution Ut the mortgage was outside tbs
limits Of the powers OF the corporation under
the circumstances. They worked indefatigahl1
though it was race to see which would gain
service tirst- There vas nothing gained In that.
We fled our bilhrst. Either CUurt Is q compe-
tent forum before which the parties can b
But how about the Judges Of the Courts
ALI. BEING REGENTS OF THE. UNIVERSITY
Does not that dlsquality them from acting in
II do not think that that would work a dis
ton. und some of the Judges might hesitate tn
deciding the case il it Was brought before them.
All the Jud9es-United Suites ana state ara
Regents. and th1nk thnt this ts an unw1salpto-
vision of tho Law, since we neverk know who the
Regents are until some ex1gency arises, ana
then find that they are unable to DO Anything,
AS matter Of fact would not the Trustees
~ ::Wo would would be glad to pay. But it Is not 4
moneyed corporation and has no property e1'
cent real estnre, which, under . just valuation,
would not more than half pay the debt
- But how about the Douglas heirsF ..-
IF they have any rights ut all, :her are COM
petent to nterplead In The c1lse ano SET tne'r
rights to the property By reversion because o.
breach of the conditions under which II VAS oo-
mated. But the public need feel no alarm On
this account, us it seems that Judge Dougsa
gave warranty-deed OF this property, Which,
certainly diycssed himself and his heirs Of ~
possible claims to take advantage under tol3
broad condition. While be dvested himself and
his heirs of all rights. it does not follow that ne
could dfyest the rights which the public assumed
under his gif1. The warranty-deed was nefer
intended to deprive the public OF any flR9a y
either the inactlon or miSfeasauce OF tn6 lEus-
tees, 1t simply rests with court OF Edn!y ~
protect them, and that is the Object u gus
suit ln.Sec- of the articles OF incofEotanoa
Of the University sou will find the fo!ioH.n9: 1
no gifts, grants or devise made to tne tnl-
versity for a particular purpose snan oa ap, t.
or devise, made with the intent Of 6enentn9
the said University. shall be construed noefaH M
In the courts, according to the Intent OF pug
urantor donor or devfSnr.' might reter 3oA
fo the Hon. Thomas Htyne, who has aiFa5a
been u jealous friend Of The institution, anu rao
is thoroughly familiar with its history 70 cieas
up certain matters that have stated 70 yo1 ~
connection with the clause have 11st 94oesa. I.s
II seems to me RS though the hand OF suuso
Douglas himself penned it. Dir. HoTne ~ XII XII.
eonally the friend nf Judge Douglas ~ l.an aa@
maftar. and know that he knew what bis 1ntea-
lions were when he made the oequesG ,;n. ~,
EIoyue is an able lawyer, and think nis ~
has been given that this title Is lralienaoy -
the University" .s.rt. IN
- hut the people are not made defenoaots IL
the suit in the United States Courtf .,..a-
II know that. But the people hase a,, ~ ~, ~
there and must come in, and tney "M a a. ~. :
through the state's Attorney, who "'a A'e
cross bill" -.