The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-05-24
RANDOLPH-MACON
MATTER IN COURT
Judge Chichester Reserves De-
cision After Hearing From
Both Sides.
MAY REACH HIGHEST COURT
Case Involves Direct Church
Control Of Educational
Institutions.

Macon litigation was heard Yesterday
by Judge r. Fl. l.. Chichester. of Fred
ericksburg, the relations of the college
to the Methodist Conference being gone
over in detail in an effort to mako per-
manent an injunction restraining tho
trustees from proceeding to fill certain
vacancies on the hoard. Judge Chi
chester reserved hisN lecision. He was
requested. IL possible, to file his opin-
ion by June 10. on which date the
trustees meet, but was unable to make
any promise. the docket of the FIJI
teenth Judicial Circuit is much over
crowded. The sitting was as Judge of
the Circuit Court of Hanover County.
but for convenience Of the attorneys,
the hearing was held in the State SUI
preme Court rooms. where ready access
could be had to the Law Library. from
which many references we've cited.
Extended Argument.
A. w. Patterson appeared as attor-
ney for the board, Hill Carter and c.
NJ. Armstrong appearing for the four
minority trustees. who seek to have
the injunction made permanent. Rev
james Cannon, Jr.. spoke as the repre-
sentative of the Virginia Conference.
and Bishop Collins Denny closed the
argument for the college trustees
The litigation follows n contention
of many years standing, which has
been the subject of much acrimonious
debate on the floor of the Virginia and
Baltimore Methodist Conferences
The Randolph Macon board of trus-
tees operates under a charter granted
by the State, and is self perpetuating
body, members being elected for life
or until they resign, the board filing
its own vacancies.
Besides the college for men at Ash
land. the board operates the Randolph
Macon Woman's College at Lynchburg
and several academies. having valua BILE
properties and some endowment. The
colleges have always been known as
Methodist institutions, a majority of
the board having always been either
ministers or laymen of the Methodist
Church. and the head of the institution
has always been a Methodist.
In Controversy for Ycnrs.
At meeting of the Virginia Con-
ference held In Petersburg in 1907.
Rev. James Cannon. Jr., brought the
charge that the college was being
alienated from Methodist control and
influence. He cited the fact that APP
plication had been made by Chancellor
w. w. Smith to have the Woman's Col
lege at Lynchburg placed on the Car
regie Foundation for the retirement
and pensioning of teachers, the appli-
cation stating that no denomina tional
| college, and that the institutions were
not, therefore, under direct church con-
trol. committees were named reports
have been made and conferences held.
and the matter debated in one confer
ence after another. the trustees holding
mat they had certain trust funds under
their control that they had certain
| obligations and duties imposed by tho
charter OF the institution, and that
they could not divert those funds or
alter the character of the trust even
| at the request az the Methodist Con
ference. Efforts to secure a charter
] change providing for election of trus-
ties by the two controlling conferences
failed.
Church Deeply Stirred.
me debate has stirred the church
Tor years. and has been characterized
by considerable bitterness. charges
having been made, on the one hand
That Chancellor Smith, who died re-
Gently desired to secure for himself a
Carnegie pension. while, on the other
I, IL was charged that DR.. Cannon
was attempting TO dominate the col
iese board. and failing to become its
dictator. desired to wreck the colleges
In order to establish a new Methodist
institution, of which he might be the
head.
Threats of withdrawal Of Methodist
patronage and of the annual collection
IN the churches were made. MANY
Methodists feeling that the colleges
We're being lost to the church. while
others felt that the way was being
opened to sectarian tests for professors
and possibly denominational reouire-
ment for entrance.
Nesotiation and conference brought
clearer view, however, and much OF
the early bitterness has died out.
Agreement Reached.
Recently an agreement was reached
q ipio
Conferences and the trustees the sub
stantial points OF which are that In the
event OF vacancy, the board will
nominate some suitable person: the
conference will ratify, after which the
trustees, In accordance with the char
ter Will elect. the reference being
| merely to SEQ that the man proposed
Tor trustee is persona grata to the two
conferences. This plan was ratified by
the board OF trustees by n vote OF %
out Of 3S. Four trustees-Judge E. D.
Newman. of Woodstock; F. Fl. ChaI-
Baltimore, and c. w. Prettyman, of
iMaryland-object to this agreement.
holding that II Is violation of the
charter of tho college. in that in prac-
tical effect it delegates the election of
trustees TO the two Methodist Confer
ences when the charter distinctly pro-
vides that vacancies must be filled by
the board itself.
In accordance with the agreement
the board some time ago made nomi-
nations to fill four vacancies. as fol-
lows: Rev. j. ~ Latham. D. D., pastor
of Court Street Methodist Church.
Lynchburs, and Rev. ]. w. Shackle-
| ford, OF Norfolk. OF the Virginia Con-
ference. and Rev II. II. Sherman and
Rev. ID. II. Kerns. OF the Baltimore
Conference
The conferences approved OF these
nominations. and it was expected that
they would be duly elected at the
annual meeting OF the board on June
10.
Injunction In Secured.
There was no personal objection to
any OF the above nominees, but rea-
lizng that they were lighting for "a
principle. and that the endowment
funds and future control of the insti-
tutions were at stake. the four dis
senting trustees applied to the Circuit
Court of Hanover County and received
from Judge Chichester a temporary in
junction reRtrafpinc tho hoo,d Sro,~