Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-12-02

Students of the State University and
alumni and friends of that Institution
are watching with interest lthe legal
battle for reinstatement Of NJ. N. Nee
ley, a suspended student Hon. VI. d.
Post and Hon. Jonn A. Howard, OF THIS
city, are counsel Tor Neeley,r and the
faculty are represented by = on. Geo.
c. Sturgias, President OF Ihel Board OF
Regents. A great deal hinges upon
Judge Mason's decision upoal d very
important law point, involving the
question OF jurisdiction.
President raymond and the faculty
contend that Neeley and the d.rher stu
dents who were SUSPENDED BY the CORR
mlttee on stuQenJS' affairs, hRlld have
appealed to the faculty or d1e Board
o. Regents; and they make ahe claim,
through counsel, that the court has 40
legal right to review their aci ions. II
is the mrs. case OF the kind III West
Virginia courts, ana the de clsOn IS
Therefore awaited with interest. COun-
sci for the plaintiff alIege, however,
that decisions nave been gI%al in SIM
liar cases, in many States oI'clla Union,
and chat Uae declsloNs have bae faV0r-
able 10 their side OF the CASE.
Independent o. It's legal as pect, the
case is interesting because oil the facts
connected with II. 1t is ala 3ged that
President Raymond was host1 to Pro-
fessor9 Harugan and Armstr ong, and
possibly one or two others, ana that
many students, Medley among them,
petltloned the Board OF RegeIIs to re-
n
Medley alleges tnat he thereby incurred
the enmity 0l President hayIA UnQ, and
that the latter sought a preCes l. 10 dis
miss him IrOm the UllVersiLJ
Neeley Was Student at MO-. gan town
at the outbreak OF Uue l3s.i-Amer-
lean war, lett the school 10 ianter the
volunteer service, and went Aack after
being mustered out. He was II years
OF age, too Old to enter the ca iaL corps,
but ms case presented some exceptional
points, and ne was permiJteN 10 JOIN
1t appears That Mayor Poslt Ia, OF Nor
gantoWn ,tineu a University student Tor
an ofense which many studetlts allege
that he did not commit. In ny event,
1t affected Poaten's popularity with
the students. They had an opportuni-
ty to show their dlspleasure 4Hnen Pos
ten made speech in the commence
ment hall during the recent meeting of
the Grand LoQge OF West Virginia Of
the nigh|s CT fythias. Mayor Posten
was not permitted to finish his ad-
dress.
AS result of this incident, Medley
and two other students were suspended
for one year. Neeley was called before
PrPSidnnt
he took part i'll the disturbance. He
further alleges that he was not given
an opportunity to prove his innocence
before being suspended by the commit
tee on students affairs, com posed of
president Raymond and two members
of the faculty.
Inc result of the suspension was an
application for an alternative writ of
mandamus, which Judge Mason grant
ed. The faculty made returzl, and the
plalntlf's answer will be filee' Monday.
The case will in all probability event.
ually go to the State Supreme. Court.
Neeley alleges that ne could not he
suspended, being a member of the cadet
corps without --ial by cou rtmartial
and he alleges further that there was
no provision in the book of Mules given
to each cadet, for punishment for such
an otfense as he is alleged to have com
mltted. During the proceedings in the
circuit court the defendants fl ed a copy
OF the rules which did conta in RUE
covering the alleged miscor duct. but
pIalntltf alleges that this is an ex post
facto law, inasmuch as the rules were
not printed until the legal pa oceedings
were instituted.
Medley alleges also that hetwas never
charged with an offense. d defendants
replied that he was arrested and taken
before a justice Of the peace On q war
rant charging him with dis urbjnp
public meeting. Plaintiff ans wera that
this, also, was done after tho, legal pro-
ceedings had been Instituted.