Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1900-12-03
THE UNIVERSITY FIGHT.
Legal Phases Of Struggle Be-
tween Students And Faculty.


A History of The Trouble Which is Now
Being Ventilated in The Circuit Court
OF Monongalia County-Question of
Jurisdiction of The Court is to be De-
termined Status Of The Case.
Students of the State University and
alumni and friends of that institution
are watching with interest the legal
battle for reinstatement of NJ. M.
Nicely, suspended student. Hon.
NJ ID. Post and Hon. John A. Howard,
of this city, are counsel for Nicely,
and the faculty are represented by
Hon. Geo. G. Sturgiss, President of
the Board of Regents. A great deal
hinges upon Judge Mason's decision
upon a very important law point, in
volving the question of jurisdiction,
says the Wheeling Register
President Raymond, and the facul-
ty contend that Nicely and the other
students who were suspended by the
committee on students affairs, should
have appealed to the faculty or the
Board of Regents: and they make the
claim, through counsel, that the court
has no legal right to review their ac-
tI0ns. 1t is the first case of the kind
ia West Virginia courts, and the de-
cision is therefore awaited with inter-
est. Counsel for the plaintiff allege,
however, that decisions have been
given in similar cases, in many States
of the Union, and that the decisions
have beer favorable to their side OF
the case.
Independent of its legal aspect, the
case is interesting because of the facts
connected with it. 1t is alleged that
President Raymond was hostile to
Professors Hartigan and Armstrong,
and possibly one or two others, and
that many students, Nicely among
them, petitioned the Board of Regents
to retain these members of the facul-
ty. Nicely alleges that he thereby in-
CURED the enmity OF President Ray
mond and that the latter sought a
pretext to dismiss him from the Uni
versity.
= Nicely was student at Morgantown
at the outbreak of the Spanish Amer
lean war, left the school to enter the
volunteer service, and went back after
being mustered out. He was "a years
!, Of age, too old to enter the cadet
! corps, but his case presented some ex-
ceptional points, and he was permit
ted to join.
1t appears that Mayor Poster, of
Morgantown fined University stu
dent for an offense which many stu
ts oil hot ha
In any event. it affected Posten's pop
ularity with the students. They had
an opportunity to show their displeas-
ure when PoSten made speech in the
commencement hall during the recent
meeting Of tho Grand Lodge Of West
Virginia of the knights of Pythias.
Mayor Poster was not permitted to
finish his address.
As result of this incident, Nicely
and two other students were suspend
ed for one year. Nicely was called
before President Raymond, and denied
that he took part in the disturbance.
He further alleges that he was not
given an opportunity TO prove his in
nocence before being suspended by the
committee on students affairs, COM
I posed of President Raymond and two
members of the faculty.
The result of the suspension was an
application for an alternative writ of
mandamus, which Judge Mason grant
ed. The faculty made return, and
the plaintiffs answer will be filed
Monday. The case will IN all proba-
bility eventually go to the State Su-
preme Court.
Nicely alleges that he could not be
suspended, being a member of the
cadet corps, without trial by court
martial, and he alleges further that
there was no provision in the book of
rules given to each cadet, for punish
ment for such an offense as he is al
legged to have committed. During
the proceedings in the circuit court
the defendants filed a copy of the
rules which did contain rule covering
the alleged misconduct, but plaintiff
alleges that this is an ex post facto
law, inasmuch as the rules were not
printed until the legal proceedings
were instituted
= Nicely alleges also that he was never
charged with an offense. Defendants
replied that he was arrested and taken
before justice of the peace on war
rant charging him with disturbing a
public meeting. Plaintiff answers
that this, also, was done after the
legal proceedings had been instituted.
Showing Goods.