The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-08-25

tia to the success of the industrial departments.
This was followed by citation from the opinion
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any connection between the Greek fraternltles
and the university" and o prohibit students from
having any active connection therewlth wnlle
under the control Of the faculty-an opinion en-
tirely satisfactory to the authorities of the uni
verslty and accepted as conclusive by patrons
and students, and. so far as was then known, by
all parties interested. But before these hopeful
statements had worked their Glow way through
official channels to the hands of the printer and
appeared in the published report, the conhlct'
which had disappeared from the university,
suddenly appeared in the General Assembly, A
brief recital of few facts mRy explain
this unexpected denouement. The suit
decided by Judge Vinton in favor
of the faculty and taken by appeal to the Su-
preme Court was renanded by that court (Au-
gust, 1892 to the lower court for further hear
ing. On the opening of the Circuit Court in Sep
tember the faculty filed their answer to the APP
pellants' complaint expressly and explicitly
denying the aYerments therein on when the
Supreme Court had based it's reversal of the
Judgment OF the lower court, the cause having
been heard and decided on a demurrer. Inc
faculty thus squarely made an issue Of fact and
pressed for speedy trial that the university
might be relieved from the serious annoyance
to which the uncalled-for suit had subjected it,
After vexatious delays, the appellants coun-
sci filed an affidavit for IA change or venue, out
all efforts of the faculty's counsel to secure
completion of the change of venue and q speedy
trial failed. Under these circumstances, 1t
seemed best to wait the appellants pleasure,
especially we had reasons to believe that,
when the election was over, the suit might be
dismissed. ALI effort to bring the case TO trial
failing, we waited patiently until February.
1883, when, to our surprise, we found that the
change of venue had virtually been taken from
the Circuit Court of IippecanOe county TO the
General Assembly-frOm the judge TO the poll
Ticians. 1t may be added, in passing, that The
condition of the case in the TppecanOe Circuit
Court still remains as 1t was last October, the
change of venue not being perfected.
The seventh annual report of the university
contains a full history of this fraternity contro-
versy up to and including the decision OF the
lower court. 1t seems important to continue
this record TO the present time, and to this end
append to this report the following documents:
L. The plaintiffs complaint, TO which de-
murrer was sustained by Judge Vinton
2. The opinion of the Supreme Court, with the
dissenting opinion Of Judge Woods. now United
States District Judge.
3. The ruling of the Supreme Court on the
faculty's petition for a rehearing.
4. The answer Of the faculty to the plaintiHs
complaint.
It is much to be regretted that we are not per-
mitted to add the final Judgment of the court,
thus completing the record of this remarkable
case. Our legal knowledge is not sufficient to
enable us to reconcile the courts explicit affirm
ance of the power of the trustees, the oaly
real question issue, with it's reversal of tho
Judgment of the lower court. The notifications
OF the original opinion made in ruling upon
the facultys petition for rehearing
seems to Justify, If not require,
lower court. But whatever may have been the
technical reason for the reversal of such iudg-
ment, they are fully met by the faculty's an
the Circuit Court of Tippecanoe county. This
answer of the faculty under oath shows con-
cusively that their action was, in every par
ticular, within the power affirmed by the Su-
preme Court; and it will afford the friends of
college authority special satisfaction to learn
that the trustees have unanimously instructed
| their counsel TO defend this cause until a final
judgment is reached.
l give in tnis connection the revised regula-
tlons of the university relating to students so
ciety:
81. No society shall be organized by students
except by the consent of the faculty, and no
student shall join or attend the meetings, or
nave any other active connection with any col
lege or students society, not authorized by the
faculty; and as a condition of graduation or
honorable dismissiOn students shall be equired
to sign written statement that they have COM
piled with this regulation.
80. The public exercises of all societies or
ganized in connection with the university shall
be subject IN time, place and char acter to the
approval of the faculty, and all rooms assigned
for the use of societies shall be occupied subject
to the faculty s control.
"6. AS a condition of admission to the univer-
sity or any department therein, of re-en-
trance, students shall he required to subscribe
to the foregoing regulation, and all other regu-
lations OF the university relating to the obliga-
lions and duties of students, aud promise n
faithful compliance Herewith during their cou-
neesloG with the university; that is, until dis
missed or graduated.
THE FRATERNITY rider"
The general appropriation bill was introduced
into the House much earlier than usual, and be-
fore the needs of Purdue had been presented TO
or considered by the ways and means commit
tee had been confined to my home for sew
eral weeks by illness, but, learning that there
was to be early consideration of the bill,
went to Indianapolis to look after the interests
of the institution. When l reached the city,
the Purdue appropriation was under discussion.
The representative from Tippecanoe INT. B.
Wilson smith) moved that the appropriation
be increased from $1,000 Che amount inserted
by the committed to $4,000, and made an
earnest effort to secure It's adoDtiOn. Several
other amendments fixing, the appropriation at
$4,000 81 1000. etc, were successfully offered,
when the representative from Benton (Mr. u. u.
Wiley) moved TO substitute $4,000 with the
provlsO that no part of this money shall be
drawn from the treasury while any restrictions
put upon students concerning Greek socie-
ties by the faculty or board of trustees. This
proposed "rider' met with very little favor in
the House, and the Wiley amendment was de-
feated by decisive vote The appropriation
for Purdue was finally fixed at BE, 900, The en-
tire discussion showing that the Institution had
many earnest friends in the House.
Mr.. Wiley's motion disclosed the desperate
policy agreed upon by the Greek fraternity that
had instituted the suits against the university
(Mr W. being n member of this fraternity, and
il also explained the delay of the trial In the
Tippecanoe Court. II was hoped, however, that
a measure so dangerous a legislative prece-
dent, and so fraught with mischief to the unfver-
sity, would not be again brought forward. We
so on learned, however that the Senate had
been thoroughly ''worked up" on this ISSUE, and
were told that thirty-two senators had
"pledged" themselves not to vote an appropria-
ton for Purdue University, except on this ex-
traordinary condition. We could not believe
that majority of the members of the Senate
had committed themselves in advance to such
an Objectionable measure.
While the appropriation bill, which had passed
the House, was in the hands of the finance com
mittee of the Senate the trustees and members
of the faculty met at Indianapolis to present the
financial needs of the university 20 this commit
tee, and also to the WAYS and means committee
of the House. The House committee granted
us a very patient hearing, the members seeming
much interested in the industrial and scientific
work undertaken, and apparently approaching
the imperative need of increased appliances
The Senate committee, on the contrary, inter