Morning journal and courier., 1888-02-15
Es Brought Into the Supreme Court oi
 laaaachusotts.

BOSTON, Feb. 14.-A bill in equity was
 filed to-day in the Supreme court at Salem
 by the trustees of Phillips academy against
 the attorney general of the commonwealth,
 the visitors of the Theological institution in
 Phillips academy, Messrs. Eustis, Seelye and
 Marshal, and the five professors whose cases have recently come under investigation by the board of visitors upon accusations pre- ferred by Messrs. Willard, Dexter and others. The bill is voluminous document and after setting forth the conditions under which the academy was founded and incorporated and detailing the facts connected with the recent prosecution of the five Andover professors for heresy the bill charges that by the acts of it's corporation it was granted to plaintiff that it should be the sole visitor forever of Phil lips academy and of all the foundations, ,insti- tutiens, endowments and professorships therein, and that no other person or corpora tion should be the visitor thereof or of any foundation, institution, endowment pro fessol ship therein, and that all proceedings of any other person or corporation pretend ing to act as such visitor are void. That the plaintiff is intrusted with the maintenance and administration of Phillips academy, of all the foundat ions, institutions. endowments and professorships therein and of all the property and revenues thereof, and is responsible for the conduct and teaching of the professors and instructors therein and for the conduct aud fidelity of each and every officer thereof, and that if the visitors have any power and jurisdiction to institute pro- ceedings looking toward the removal of any professor upon any foundation or to correct any wrongs, errors or abuses of trusts com mitted to any professors upon any founda- tion as required by law and by the statutes and instruments governing Phillips academy and that the plaintiff as the body having the lawful charge, governance and management of said foundations subject to visitation is a necessary party to such visitation and that the visitors cannot exercise visitatorisl powers in regard to the same without due notice to the plaintiff and opportunity to it to appear and be heard; that the proceedings of the visitators in the cases of the defendant professors were taken not only without notice to the plaintiff and opportunity for it to appear before the professors to be heard, but after application by the plaintiff for leave so to appear and refusal by the visitors; that the proceedings of the defendant visitors
 are void.
 Plaintiff declares that under the pretended
 judgments of the visitors in the cases men
 toned four of the accused professors were
 acquitted and one convicted upon pre- -cisely the same charges and supported
 by precisely the same proofs, so that in case
 the action of the visitor constitutes in law @
 legal visitation said judgments are mani
 festly contradictory and indefensible. The
 plaintiff further says that if the proceedings
 of the visitors are allowed to stand they will
 constitute cloud upon the title of plaintiff
 to manage and direct the affairs of the acad-
 emy and greatly embarrass it in the discharge
 of it's duty. Wherefore plaintiff prays the honorable court to instruct and inform the plaintiff what authority and jurisdiction, if any, the visitors have over the defendants Smith, Churchill Tucker, Harris and Hinckes, whether the proceedings of the visitors and their judgments, decrees and conclusions herein set forth are void and wheth- decrees and conclusions or any of them, the plaintiff ought to refrain from pay- ing to the defendant professors, or either of them, the income of the funds appertaining to the professorships respectively in which they have been severally inducted, and whether it ought to refuse the said defend ants or any of them leave to teach in their said respective professorships. The bill is signed, under the vote of the trustees and on their behalf, by the president of the corpora tion, Rev. D. T. Fiske, D. D. The counsel appearing on behalf of the plaintiff are Hon. Robert R. Bishop, John c. Gray, Mr. Thomas H. Russell and Messrs. Bosworth and Bar rows. Another Accident on the Northampton
 SPRINGFIELD, Mass, Feb. 14.-Another ao- cident occurred on the Northampton branch of the New York, New Haven and Hartford railroad to-day The train south leaving Shelburne Falls at 9:15 am. left the track at Easthampton and plowed along the snow drifts on the edge of thirty foot embark ment The locomotive and one of the trucks on the rear car remaining on the rails pre- vented serious accident. There were twenty passengers on the train who were badly 1 shaken up. The passengers, baggage and mails were taken to the village in teams. A train on the Williamsburg branch ran to Shelburne Falls from the wreck, the passen- gers being transferred. The track was cleared in the afternoon.
 The Crown Princes Condition.
 BERLIN, Feb. 14-Advices from San Remo state that the Grown Prince walked about