The New York herald., 1922-02-21
GIRL LOSES HER suit
AGAINST BRYN MAWR
Court Rules College Has
Power to Dismiss in Case
of Miss Barker.
NO TRIAL NECESSARY
Matter Is One of Contract,
Says Decision Denying
Reinstatement Plea.
OTHER LEGAL REDRESS
More Diplomacy Might Have
Been Used.' Is View Held
OTHER LEGAL REDRESS
More Diplomacy Might Have
Been Used.' Is View Held
in Lengthy Opinion.

/ Special Dispatch to THE New YoRK HERALD
NoRRIsrowN, Pa, Feb. 20.-1n refus-
ing to reinstate Marjorie Barker as a
student of Bryn Mawp College the
Court of Common Pleas of Montgom-
cry county to-day established what is
regarded as an important precedent in
the matter of ties that bind higher in
! stitutions of learning and their stu
dents.
! Briefly, the opinion written by the
court is that a college, If its rules of
admission so provide. may exclude or
dismiss student it regards as unde-
sirable without providing reasons for
so doing.
Such was the attitude expressed in
the decree announced by Judges Swartz
and Miller in the case of Miss Barker,
young woman of wealth from Mich-
gan City, Ind. dismissed from Bryn
Mawr after series OF petty thefts from
the rooms of other girl students had
been reported.
Through counsel George Wharton
Pepper. now Senator. Miss Barker
sought mandamus to compel the col
| l6ge authorities to reinstate her. The
/
tion, represented by Nicholas H. Larze-
lere of Norristown.
The contention of Bryn Mawr Col
lege, which the court upheld, was that
a rule of admission providing for the
dismissal of student when deemed ad-
visable was 4 matter of contract be-
tween the student and the college, which
the college subsequently might invoke,
without court review, as regards the
propriety OF its action.
other Means of Redress.
The late John C. johnson. leader OF
the Philadelphia bar at the time OF his
death. drew up the regulation under
which Miss Barker was dismissed. II
the young woman has a just grievance
arising from a wrong done to her char
acter she has other legal redress. the
court intimates. in the form of suit for
da amages
The court, In the course of its forty
six page decision, declares 1.-THE college
might have used more tact and diplo-
macy in handling Miss Barker's case.
1t refused to put the costs OF the case
upon Miss Barker. The opinion follows
| in part: 49,.
| Where n student is wrongfully ex-
| PEELED from a college which is main
tained by private corporation of the
first class that obtains it's funds from
private benefactions and charges made
against those who attend the classes.
and receives no pecuniary aid from the
State or public. and the relation be-
tween the student and the college is
solely contractural. the Court OF Com
mon Pleas cannot have jurisdiction to
issue a peremptory writ of mandamus
for the reinstatement of student.
I'm such case the law affords other
adequate remedy for the wrong done.
When regulation of such n college and
one of the conditions under which the
student obtains entrance, provides the
college reserves the right TO exclude at
any time students whose conduct or
academic standing II regards as unde-
sirable. the college is not required be-
fore IL excludes a student whose con-
duct II regards as undesirable. to prefer
charges and to vouchsafe to her either
trial or hearing. This last conclusion is
not affected by the fact that before
taking action the college afforded the
student. who was reasonably suspected
of improper conduct. opportunity for
explanation. and even though the cir
cumstances that she had been sus-
pected and invited to explain her con-
duct became known to other students.
Writ Is Refused.
ITO inform the petitioner that she
was suspected of improper conduct and
10 invite her to explain 1t. as was done
| in this case. did not operate either as
insinuation or innuendo or implicat ton
or az q charge that she had been guilty
OF such impropriety. The court is under
all circumstances without power either
| to interfere with or control the exercise
by President Carey Thomas OF official
discretion vested in her or TO set aside
decision which followed the exercise
OF that decision. The writ is refused and
the respondents arc entitled so judg-
ment"
| Miss Barker was dismissed from Bryn
Mawr April 6. Investigation OF petty
thefts at the college had preceded the
dismissal. for which Miss Thomas as
sumed full responsibility.
In the mandamus proceedings. which
| began December 10. with scores OF coll
legc girls crowding the court room. Miss
Barker was on the witness stand for
several hours. She said that before her
dismissal she was told by college author
! ities that numerous articles had been
missing from the rooms OF students.
Seeing that suspicion was directed
toward her. Miss Barker testified. slic
asked Miss Thomas TO allow her a
hearing before the girls court or q means
OF making an explanation. The bearing
was not granted. she continued. and she
/ left for tho Easter Nacn fion aa di.i many