Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-12-27
JUST AND PROPER
Was the Action OF this Board OF Re-
gents in keinstating Students
Aeely and Mifligan.

-. Va ANCC4- "a
Doddridge county, and w. G. MilIgan.
OF this city, was a piece OF commend
a0le justice. Inc mandamus proceed
ing o. Student Nicely demonstrated that
the action of the president in dismiss
ing these young men a u~nwarranted.
1t became presently clear that the
president of the University was infIu-
enced either by Ill will, or was very
much mistaken about the facts. Mr..
Nicely was dismissed without even the
inserted right TO prove his innocence.
He was charged with being in a
crowd Of students who applauded
rather vigorously a speech Of the
Mayor. President Raymond summar-
lily suspended Mr.. Nicely from the Unit
yersity, apparently on the mere report
that he TOOK part in this applause. Mr..
Nicely applied to Judge Mason for a
mandamus TO compel the Board OF
Regents to reinstate him, and an al
ternate writ Of mandamus was issued
by the judge. Upon the answer OF the
Board of Regents, through its attorney.
the case was argued by Mr.. Sturges,
for the Board, and Messrs. Howard and
Post, of Wheeling, for Nicely. and the
matter taken under advisement by the
court. Before a decision was handed
down the Board of Regents met at
ParkeTsburg. The matter was then
taken up by them for the first time.
Afidavits were offered by Mr.. Nicely,
showing that he was not in any re-
spect guilty of the charge which the
President of the University brought
against him, and that, in fact, instead
OF taking part in the alleged applause,
Mr.. Nicely had done what he could to
prevent any disturbance. A sample or
two of these afidavits are sufficient to
demonstrate the conclusiveness of the
evidence in Mr.. Neely's favor.
MORGANTOWN, W. Va, Dec. 7. 1900.
l, Joseph X. Buchanan. solemnly swear
that on the evening Of October 10th, 1900.
p-ces OF the Knights OF Pythias, in the
commencement nall Of the West Var
GINA University, | was present and sat
directly behind, and less than three feet
from student Matthew Mansfield Nicely
from The opening OF the exercises until
the body OF students left the gallery,
which event did not occur until after the
singing OF Dixie, an encore TO the sew
entn selection on the programme that
was rendered that evening. Ana that be-
tore A1ayor Poster got up 70 deliver his
speech, which was the second number on
the programme, d nOte was passed along
the line on which was written, to the
best Of my recollection, When Poster
gets up 10 SPEAK give MIN the DEVIL
When this note reached Mr.. Nelly, he
refused to pass it farther. saying tina 1t
was not the proper thing TO 40, and that
1t would cause trouble. And that during
the noise and interruption which occur
red during the delivery Of the address of
Mr.. Poster, Mr.. Nicely made no rude or
DOlSterOuS noises. nor did he engage in
any other disorderiy conduct 50 TAR as
1 was able TO see and judge. And on
two or three different occasions Mr.. Nee
ly attempted 10 get the persons who
We're making 80 much noise to be more
quiet. / uld, however, see and hear him
help to give the college yell before the
opening of the meeting, and also when
Air. Sturgiss complimented the students
on the fact that they could already give
the yell in seven different languages. or
something 10 that effect, and rather hest
tated a moment as though waiting for
the yell TO be given.
And that during all the time l sat be-
hlnd Mr., Nicely ne did nothing that could
fenslve TO either the audience or the
Csigned) ]. X. BUCHANAN.
Student in w. V. q.
MORGANTOWN. w. Va. Dec. 10. 1900.
|, ". S. VanLoan, swear that l was
present at a meeting held by the Grand
Lodge +. OF r., in Commencement Hall
OF the West Virginia University. on the
evening Of October 10. 1909. During all
the time from the beginning Of the meet
ing till after the singing OF Dixie an
encore to the seventh selection on the
programme Of the evening, l was near
enough TO student VI. VI. Nicely that we
could have conversed in a whisper. My
seat was next TO that Of Mr.. Nicely. All
that separated our seats was a narrow
arm Of the bench, about two or three
inches wide. When the BODY Of stuaents
(of whom there were probably more than
one hundred and dftyI first came into the
gallery, before the opening OF the meet
ing. the college yell was given In which
sEeIy DNay toch part again while BIT
Sturglss was speaking he said to the best
o. my. recollection. that the college could
give the yell in seven different languages;
AZ this time the yell was again given.
every body again participating
Before Mr.. PCStcn's speech q note was
passed along. the purport Of which was
70 incite tnc students 10 disordcrly con-
duct while he CMr. Postenl should attempt
reached Mr.. Nicely He refused to pass II.
saying that H Vas net right, pr At least
something 10 th1t effect.
During all my stay ar the meeting Dir.
Neeiy did nothing disorGeriy. or Ungeu-
tlemarly. nor ara he do anything to dis
turb the meeting, either by word or ac-
tom. But BIZ dII try ID get those back 81
him who were making a disturbance. to
Signed W. $ VAN LOAN.
W%hereupon the Board OF Regents re-
inststed Nr. Nicely and the other sue-
pended students. The fairness Of this
course is q matter Of much satisfaction
to every one interested IL University
affairs.
1t was not to be presumed that the
Board o. Regents wished 70 perpetrate
a wrong against any student, but II
was to be presumed that the Board
would investigate the matter carefully,
especially when a mandsmus proceed
Ing had been Instituted against L. and
after having determine where the right
lay. would at once recognize it. II
could nave 10 interest IN defending
against a just claim o. a citizen and
taxpayer Of the State entitled 70 the
privileges Of the University. It's action
in this matter IS one that will 20 far 70
establish the confidence OF the people
Of this State in the Tniyersity-a con-
fidence that mas been much shaken by
the, TO say the least. hasIy action Of
the president in than 2 instance.
This action Of the Board Is a complete
Ff1dicatioI Of the suspended students.
Nr. Nicely, who resorted 10 the man
darius proceeding. always stood exce2-
t~iOnally nigh n the University during
the years that be had been in that In
stitutIon. n two competitive examin-
atoms ne received the highest grade ~
any one competing and in a competi-
tive drill as z member o. the cadet
corps ne WIS awarded 2 gold medzL
He belongs to one Or the Old families