The home journal. (Winchester, Tenn.) 1858-188?, 1883-05-23

WIG ~ NDl flNulh II NuI' -''V "''i'' ""'
protection against "scrious and vcXa-
iious litigation" ! 'hink ! can under
take that he would say that Nashville
schools have not only "scrious and vex-
atious litiga'ion," but also litigation
with sad results.
But, leaving all clse aside, ask by
what authority may the Trustees re-
move the Mary Sharp from Winchester!
l. it n portable institution to be picked
up and carried away rs Trustees, orany
one clsc may desire? answer, not at
all. The charter Of the institution rec
ognizes il ~ Established at Winches-
ter" How then can Trustees, who
hold merely delegated authority TO act
for an institution Eat Winchester, and
not elsewhere, remove that institution
to Nashvllle2 The college is the crca.
ton Of the charter. The Trustees are
creatures Of that charter Can these
creatures grow above their creator, and
change it2 The bare statement Of the
proposition answers it The powers Of
the Trustees are defined, and are "fulI
power and authority TO collect and ic-
ccive all funds that have in any way
been contributed or pledged for the cs-
Enlistment. enlargement, maintenance
or benefit of said institution, or for any
Of its purposes, and to apply the same,
and to give, grant, bargain, sell or other,
wise dispose Of all or any real, personal
or mixcd estate ms to them may seem
best for the interest Of the institution
provided, that no portion Of them shal
be expended, vested, used or appropria
ted in other manner than in strict &C
cordancc with the will and direction o
the donor, provided such will or dircc
tioh is consistent with the constitution
and laws Of the State
Notice the language II refers alon
10 the "mstituli0n Of learning establish
ed at Winchester.
The donations were all made with Ill,
express understanding and agrecmen
that they were to be used for the bcncii
Of the Institution ut Winchester. Th,
grounds upon which the college build
ings stand were bought and conveyed
TO the Trustees for the benefit of til,
school at Winchester. In that way ey
erything that has been done was for th'
promotion Of "Mary Sharp College,
established at Winchester"
will venture to suggest to person.
disposed to enter into the project Of re
moving "Mary Sharp College" to Nash
vile, or elsewhere, Ia study well it
charter before investing much money
We have it established by law amongs
Us, and We propose to keep it. Bcior
the memorialsts or any others rcmov,
it they will learn something about "sc
rious and vcxatious litigation"
The Trustees may exercise the pow
crs given them by the charter. They
are restricted to such express powers
they may exercise none other. Their,
is no power given to remove the college
from the place ut which the law estab.
lishcd it.
will presume the Trustees will con
scicntiously discharge their duties, ant
apprehond that no man will for II mo
ment after reading the charter thinl
that the Trustees can or will remove the
"Mary sharp" But suppose they may
conclude they can and will remove
there is still IN interest behind that mus
be overcome. 1t is this: Many of til,
people Of Winchester and Franklin
county freely gave their money to build,
support and maintain the college esiab.
lished at Winchester. Now when il
shall iranspirc (if it can be possible
that the Trustees undertake to remove,
then We will have the claims of the do.
nors or their heirs asserted, the claim
ants relying upon the charter for the
sustenance of their claims. wonder III
the mcmorialists will think these things
do not prospect "a serious and yexa.
tious litigation"
If Nashville has so many advantages
and holds out so many inducements to
and for the educator, why should it
want to interfere with other locali,ies2
If it has what is claimed in the memo.
rial why not establish its school and
make its own reputation? With all that
is claimed for it, with its population of
more than fifty thousand" i, certainly
is not driven to the necessity of attempt.
ing to rob village of twelve or fifteen
hundred people Of its advantages.
We think we know our rights, and
will try to maintain them even ut the
risk of "serious and vexatous litiga-
ion" and Nashville cannot get "NIary
sharp without money and without
rice"
The second reason is that il was rep.
esentod ut the meeting at the Baptist
hurch that the people at Winchester
id not appreciate the Mary Sharp Col.
,ge Such was the reported declara.
ion of Prof. Gardner. This statement
u frof. Gardner is absolutely and I'M
lualiliedly untrue. II, MS he stated, he
vas authorized to say for .ihe Faculty,
me ana all, that it desired removal,
! Is only necessary to remind them that
'hey are employed only to teach, and
,o' Us governors or advisers to and for
inc trustees; that they are employed
'niy Tor the year, aud if they .desre To
remove they will be free from their con- ,
tracts IN about one month from Tie
tate' ana can remove if they desire
here VIII be no 'serious and voxatious
litigation" to interfere with them.
Speaking for myself, | would regret.
llIY and sorroMfnllY soc Soma menaLor.