Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-12-29
ANDOvER TRIALS
Besin in Boston with Prof Smyth's Case,
Opening Argument by Prot. Dwight.

| BosroN, Dec. 2S.
AT 10 A. NJ. today, the now famous Ando.
yer trial began at the United States Hotel in
TINS city. There were present the full board
OF visitors, the complainants, the respon-
dents, and the counsels on both sides. The
large dining room of the hotel was filed
even the standing room along the walls be.
ing occupied. considerable portion of tie
audience was made up of clergvmen, but
many women and number of laymen were
present. The proceedings began With the
triaI OF Prof Smyth. and after citations from
the professors publications and utterances,
the complainants rested the case.
Prof. Theo Dwight of Columbia Law
School, opened for the respondents in an ad-
dress OF great length and vigorous eloquence.
lie was still speaking when a recess was TAX
en- until p. NJ
After recess Prof. Dwight continued bis
argument. the following being some of the
most important points.
This 10 an extraordinary case in many of its
aspects. l will first call attention, said the
learIed counsel, to the way in which the
matter was presented to your board (the
board of visitors) by the self constituted &C.
cusers of these professors. / call particular
attention to the evidence of dupliclty, to the
underhanded manner, the apparently un-
truthful manner in which thew snbscribed
their charges. They described themselye,
as COMMITTEE of alumni" The obiact of
this description apparently was to gain credit
for their charge. hv .nnesr;n, ,o ao, /, ,an-
resentative character. 1t was the suggestion
OF meeting of certain of the alumni" by
"hom committee was appointed. The
statement that there were an alumni behind
signed to make an impression upon the com
munity, and it now appears that these four
men comprise all the trustee. and all the
alumni who are engineering This movement
(Sensation.)
If these who sign themselves .committee,
are a true committee. thev are a self appoint
ed committee. a true committee of the whole.
(Laughter) One fatal defect in these pro.
ceedings, is, there is no legal representative
lof interests adverse to the respondents.
Upon this point the counsel argued at length
to show that this being in effect a trial ipvol-
wing property rights, sieners of charges. hav.
ing no interest cannot possibly be parties.
but What 10 still more decisive and absolutely
conclusive 10 that the court has no power to
proceed by itself except in criminal cases.
Ecclesiastic law follows common law in this
respect, but this is nothing but 4 case In
which there is a charge of violation of trust.
1t is q civil case and as in all other civil
cases, the party bringing the case must have
some interest in the matter The most seri
Gus practical objection to these proceedings
is this:
Suppose thev should not be successful.
what is to prevent the other four alumni from
institutng similar proceedinps-if there are
any such four-and treading the whole ground
over again. In regularly Instituted suits be-
tween proper parties, a Judgment is bar to
further original proceedings. This tribunal
should pause before it faces such conse-
auences
Dismissing this branch ot the subiect .aid
Prof Dwight. let us con,ider the charges
themselves. As the matter now ,tands il ia
a great uncertainty, preiudicialto the respon-
dents. Do the old comnlaints remainP IRE.
ferriug to the charges in the frst form \
They have not been expressly disnosed Of
The constitution of the Seminary provides
that a professor NAV be removed for "misbe-
havior, heterodoxv. incapacity or neglect of
the duties of his office" In these complaints
heterodoxy is not even charged. only alluded
to- The statute. give to the visitors no mower
of removal because of teaching in opposition
to the creed, The counsel Insisted that
the only question is has S>sere been such a de.
parture bv Prof. Smyth from the aims and
purposes of the foundation as to amount to
violation of the contract between him and the
Seminary. | claim. said Prof. Dwight. that
endowments for maintaining unalterable
opinions are among the greatest of public
ev lis, for they tend to produce a profession
without belief
Prof. Dwight quoted extensively from the
decision rendered by Judge Thatcher in the
case of the trustees of the Phillips Academy
against Jas. King, to the effect that the two