New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-29
4 VICToRY FOR PROFESSOR SMYTH.
THE BOARD OF VISITORS DECREE SET ASIDE IN
THE ANDOvER CASE.

THE BOARD OF VISITORS DECREE SET ASIDE IN
THE ANDOvER CASE
Boston, oct o8-Te decree Of the Board Of Visitors
has been set aside in the femous Andover cas This
decision Of the Supreme Court is on the ground that
the trustees are made parties to the original pro-
cecdncs The merits Of the case are not passed upon
The decision victory for Professor Expert H.
smyth and doubtless ends struggle that has been De-
fore the public for over five years The decision
covers only one of the many grounds OF appeal set
ont by Professor Smyth's lawyers namely, that the
BOARD OF Visitors acted unjusty and Illegally in re-
fuslng TO allow the Board of Trustees to have share
I'm the trial Technically the effect Of the decision Is
70 send the case back to the Board Of Visitors for
new trial.
Chief Justice Field alone dissents in long opinion
The majority opinion does not say whether Professor
smyth is or is not guilty Of hcerodoXy, neither does 1t
prevent the Board of Visitors from amending and call
ing upon the trustees to appear. The trustees as
body are supporters Qf Professor Smy tn ana wiz not
become parties proceedings for his removal ana inc
decision thus becomes virtual victory for the new
departure liberals
The " Andover casen began several weeks ago with
discussion Of Professors Orthodoxy" and resulted
in the dismissal Of Professor Egber c. bmyh by the
Board OF Visitors The matter was carried to the en-
preme Court, where IL has been pending for four or
five years In that time several clereymen, lawyers
and Judges who have been prominent In the trial
have died. When the maj nearing III tne courI "is
held year ago there eleven lawyers
present for the respective parties in inerest-Iro-
fessOr Smyth, the trustees and the visitors. One
OF the points made by G. r. RUSSELL Of DR.. smytRs
counsel was that II unjust TO convict Professor
smyth and acquit the other four persons when the
charges and evidence were identical against all Pro
fessor Dwight, OF the Columbia College Law School,
also represented the accused professors Professor
j. c. Gray, Of the Harvard University Law school,
argued for the trustees that they the original
Board Of Visitors and had simply delegated to the
present board certain of their powers and that
the visitors had acted prematurey in trying the ac-
cused professors George o. Shattuck, also represent
ing the trustees declared that the visitors were
usurpers.
The venerable American Board has perhaps felt the
effect OF the discussion than any other OrganiEa
ton except Andover Seminary Itself Several annual
meetings OF the Board have been more exciting than
inspiring as tho result of this controversy. This Is
not unnatural, as II is foreign missionary society
and the possibility OF future probation for the
heaens who have not heard the Gospel In this world
WAS the hvpothess designated the An1ovcr theory
Two schools soon rose In the Hoard but the corporate
members for the part conservative, ana a.
the corporation is selfperpeuatng Tic liberals stood
little chance representation. Dr. Sorrs, OF BrOok
Iyn was elected president four years ago and has sue
cepscd IN uniting the parties TO such an cAtent ult,
ha sdes unanimous reelection each year, ne succcched
s month al Pshcld In securing the election Of seven
liberals and eight conservatives as corporate ehOcs'