The Bridgeport evening farmer., 1913-11-06
Judge Wheeler In Dissenting Opinion In New London Case, Shows Dangers Of Invasion
 of Legislative Field By The Judiciary

The higher education referred to IS that designated in the first preamble to the amendment, viz: "the higher education of the women of this state.' '' The amendment and charter are to be construed together and held to af- ford its benefits to the women of the state. Brown vs. Turner, 175 Mass, 15O.
 In terms it is not limited to DOT ton of the women of the state, but may refer to all women of the state-
 It is repu1sive to all of our 1egisla- tive history to conceive that a Con necticut General Assembly intended by it's general language, women of the state," to refer to a part of the women of the state rather than all, or to such only as the trustees might es- teem entitled to the blessings of the higher education.
 What reason can be assigned for its desire to benefit the few rather than the many?
 The College is to perform the duty of the state. It is common knowledge that a college of this character entails a great expenditure. The interest of the state is to have it serve all the women of the state. Why then should the General Assembly be assumed to have acted against the interest of the state?
 Where adherence to the letter of the law will work injustice, courts are ac- customed to give to an act a reason able construction so as to avoid in justice.
 Carter vs. Whitcomb, "A N. H., 4S2;
 Kelley vs. Kildourey, 81 Conn, 32O;
 In re King, 1O5 Ia., 32O.
 A construction of the act such as my brethren make leads to injustice to the women of the state and to the state itself.
 It is Fundamental, an act is to be construed so as to effectuate the in tent of the General Assembly.
 In re KiIby Bank, 23 Pick, 93.
 When the General Assembly, three months after the granting of the charter, by amendment changed it's name and gave to this institution it's own name, their act was of peculiar significance. It was done upon knowI- edge, reflection, and deliberation. It marked this institution as a quasi pub lie one and helped justify the faith of the General Assembly as subse- quent1y expr essed, that it's cause was of great public concern
 Is it conceivable that the state would have given it's own proud name to a purely private institution whose trustees could, at will, exclude from its priceless privileges any woman ot the state, upon any ground it chose, religious or otherwise, or upon no ground at all?
 The legislative intent and the nec- essary meaning of the language, "wo- men of the state,'' is shown when the character of this institution is con- sidered in connection with the grant of the right of eminent domain and the necessity of the grant for the full fllment of it's purpose.
 The charter creates a corporation, organized without capital stock and one which can never be operated for a profit to it, or to the interest of it's incorporators, or trustees.
 It is conceded to be a charity, en- gagged in a service upon which the state and society lean.
 In virtue of it's character the state exempted it from taxation and gave it the power of eminent domain. In virtue of it's character the law at taches to it certain duties and accords it certain protection, to the end that all of it's activities and resources shoI1 be devoted, in perpetuam, to it's char itable purpose, the higher education of women. G. s. s14O6.
 The law as administered by our courts, will hold institution and trus- tees to this purpose and the state will exercise its care, through it's proper law officers, to see that it fuIf1lls it's trust.
 Jackson vs. Phillips, ct a1., IA Al len, 539, 576, 58O.
 Moreover, by it's acceptance of the charter, the Connecticut College con- tracted with the state to carry out the purpose of the grant.
 While it lives it's estate is pledged to execute this trust.
 Such an institution is not a mere private one, but quasi-pubIic one.
 It will perform duties which the state might directly perform, but thus far, in the main, has left for private agency to support. The use and not the agency employed give it it's public purpose and character.
 The General Assembly regarded this College in this way, and did not in tend to narrow the scope of it's use fulness
 The trustees can enact bylaws in consonance with the charter, but no bylaw, or act of theirS,' can conflict with the purpose of the charter. If the trustees attempt to limit the ed ucation afforded, to defined classed, or to exclude, in a partial way certain women or classes of women from it's benefits, their action would negate the purpose of the charter by. denying to some women the privileges accorded by the charter to all.
 The state may directly provide s'the higher education for the women of the state, or it may delegate to a private agency this duty. Our courts will take Judicial knowledge of. the fact that there is within the state no other college for women.
 In the charter granted the petition CT, there was no power of eminent do- main given. By amendment the Gen eral Assembly recited that tfthe high CT education of the women of the state is a matter of great public con cern.''
 And that the Connecticut College for Women had been incorporated flor the purpose of providing such education through voluntary contri- buttons without the necessity of levy ing taxes for the support thereof"
 And that it is matter of great pub lie concern that a suitable site should be provided for this purpose.
 Therefore, it enacted, that this Col lege Snall have the right to take such real estate in the towns of New Lon don and Waterford as it's trustees shall find to be necessary for the purpose of said educational corporation upon