New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-07-25
The UNION COLLEGE TROUBLES.
ARGUMENTS To COMPEL THE ATTENDANCE OF STATE
OFFICERS AT MEETING.
rBr TELEGRAPH TO THE rMBUSE.1

OFFICERS AT MEETING.
rDY TELEGRAPH TO THE TRIBUSE.1
SARATOGA. July 24.--At a special term of the
Supreme Court before Augustus Bockes justice at his
chambers here, to-day an appstion was made by L. W.
Rhodes OF Troy, attorney for Dr. Backus, chairman OF
the Board OF Trustees Of Union College, for mandhmus
compelling the attendance OF Governor Cleveland Lieu
Ill., Joseph b. Carr Secretary OF state;
Ira Davenport, Controller Robert A. Maxsel Treas
urer and Attorney-oeneral RUSSELL ex-oico members
of Board of Trustees OF Union College at meeting
called for August g Mr. Rhodes showed that by virtue
OF the charter OF Unan College, DIR. Backus being the
Oldest member Of the Board in point Of election, was
chairman of the Board OF Trustees that by virtue OF an
amendment the made 1906 the Secretary OF
State CONTROLLER Treasurer and AttorneyGeneral were
made exoco Of the Board and that by another
amendment in 1923 the Governor and Lieutenant
Goysrnor also made ex-ofnco members He also
allowed that IL the duty OF that Board to hold TWO
stated msctngs each year, that those meetings mad
been held and that notice OF meetings had been mailed
10 thoe State officials but that they had not attended
at least during past years and further that all
had been informed attend the special meeting called
for August next and that ali except Attorney
Russell had refused In advance to attend The special
meeting regularly called the application OF five
members as provided BY the charter, and DR.. Backus
had interest in requiring the State officials attend
ance at the meetings
reply 10 question OF inc Court Mr. knOueb bklu
that there was specific purpose stated In the call bat
that the meeting called for general purposes.
James A. Dennison. deputy attorney general who ap-
peared for all tho state odcers except the Governor
M serted that as the duty which devolyed npon those
officials as trustees OF Union College fcia duty
they presumed TO be performing their duty that
they should lie presumed To be wully refusing 10
attend but rather that In the exercise OF Their discretion
they performing other duties, and IL was well
settled Principle that mandamus Will not lie 10 direct
the manner ia which state oficer shall exercise ms
al erection. This Ia not MINISTERIAL duty but one which
calls for the exercise OF discretion and the doctrine Ia
laid do that mnndamus Will not le TO compel the
OF discretion. There was no claim made that
the OF State officers would result In the failure
OF 1uorum there particular sestion stated
ia which their action IL desired
Judge BOckes refused IL into consideration In the
the struggle bet ~een the factions OF the COL
ege those facts ad not appear In the moving papers
Lieutenant Governor Hin stated that the Governor
assumed that REALTORS attorney would rot take ad-
vantage OF his appearance and Insist that man
should issue against the Governor unless Issue
the ether state officers To thls Mr. bhoues
assentrd The Lieutenant Governor conceded that
he had been requested TO attend this special meeting
aud also conce ted that he had declined 10 attend II
for reasons deemed satisfactory 10 himself In tue dis
charge public duty. lie did not wish to make any
technical objection but whatever the legal effect OF his
refusal hr submitted 10 tho Court 10 make suoh
order In proper and he desired, both
none these trustees or tina; they all be Included hc
thought that State officers we're entitled % TIE
advice OF the Atornoyjencra nd although that oifcer
has Ot attend the meeting still he had not at
teued the other meetings an should be considered AS
having refused and should be embraced with the others
la any order whIca the Court should make.
The papers were submitted With tho UNDERMINING
that decSion wonld Do rendered ia very few days