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Documents from the case of Charles H. Thompson, Pres. and W. W. Dedrick et al vs. Charles Caldwell et al, appealed to the Mississippi Supreme Court from the Chancery Court of Claiborne County, 1875. Documents photographed from case file held at the Mississippi Department of Archives and History on April 22, 2026.
Charles H. Thompson, Pres. and W. W. Dedrick et al.
vs
Charles Caldwell et al.
On appeal from the Claiborne County Chancery Court.
Nugent & McWillie & Jones & Pintard
Attys for Complainants
Thrasher & Stites & Atty General
Attys for Defendants.
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Charles H. Thompson, Pres and W. W. Dedrick et al
vs.
Charles Caldwell et al
Proceedings before the Honorable E. G. Peyton Jr. Chancellor of the 20th District of the State of Mississippi on the fourth Monday after the fourth of April and 24th day of May A. D. 1875.
Be it remembered that heretofore to wit on the 23d day of March 1875 the Complainants in the above stated cause by their solicitors filed their Bill of Injunction in the Office of the Clerk of the Chancery Court of said County in the following words and figures to wit:
To the Honorable Chancellor of the 20th Chan’y District of the State of Mississippi sitting in Chancery for the County of Claiborne
Charles H. Thompson President and W. W. Dedrick, George T. Brown, William H. Gibbs, James J. Spelman, J. M. P. Williams, Merriman Howard, Doctor Stites, George C. Smith, and H. H. Truhart, Trustees of the Alcorn University, Complainants bring this their Bill of Complaint against Charles Caldwell, John J. Smith, H. W. Warren, A. T. Morgan, Lindsey Evans, A. K. Davis, and Jonathan Tarbell, defendants and thereupon your orators complaining state as follows
On the 13th day of May 1871 the Legislature of this State enacted a law incorporating the Alcorn University by the first section of which it was provided that the Governor by and with the advice and consent of the Senate, shall appoint immediately after the passage of the act a President and Ten Trustees under the style and title of “President and Trustees of Alcorn University” of Mississippi, that the President so appointed shall hold office for the term of five years unless renewed previously by the Governor, for cause shown on the memorial of a majority of the Ten Trustees and that the Trustees shall hold office for a term of five years; provided that each trustee shall be subject to removal by the Governor, for cause shown to his satisfaction in charges preferred by a majority of the trustees; provided further that two Trustees shall be superseded by appointees of the Governor every year. The trustees appointed in the first instance were required to organize in the City of Jackson within twenty days after the date of their appointment, and determined by lot the several limitations of their respective terms, so that two shall return at the expiration of one year from the date of their appointment, two at the expiration of two years, two at the expiration of three years, two at the expiration of four years and two at the expiration of five years, provided, that all vacancies occuring in the Board from time to time whether from death, resignation, removal, or otherwise shall be filled for the unexpired terms as in the case of annual vacancies by the Governor.
By the Second Section of said act it is provided that the President and Board of Trustees of said University shall be and they are hereby declared to be, a body politic and corporate, with power to have a common seal, to hold and convey real and personal Estate, to sue and be sued, and to plea and be impleaded, and all other powers incident to bodies corporate and politic in this State.
By the third section in said act it provided that the object and duties of the corporate body created on the establishment and management of a Seminary of learning to be styled Alcorn University of Mississippi; that with that view, the sum of fifty thousand Dollars in cash is appropriated and set apart in the treasury for each and every year of ten successive years beginning with the first day of July 1871 that the said sum shall on the order of the President and Board of Trustees approved by the Governor be held payable quarterly in advance to the Treasury of the Board, on the warrant of the Auditor of Public Accounts; That the said President and Board of Trustees shall, after the organization, purchase a site and building for the immediate establishment of said Alcorn University, but that the said purchase shall not be consummated without the approval of the Governor, that the said President and Board of Trustees shall have power to determine the number of professors and tutors, elect the same, and fix their salaries, that they shall also, on application of the President have power to remove any professor or tutor, when the interest of the University shall in their judgement require it and to fix and regulate the cause of instruction and prescribe the extent and character of their studies
By the fifth Section of said act it was provided that the President and Board of Trustees shall have the general supervision of all lands, buildings, and other property belonging said University and the control of all expenses therefor. The said President and Board of Trustees were directed by said act to make such rules, regulations, and by laws for the transaction of their business and the accomplishment of the object of the act as shall not conflict with the laws of the State or of the United States. It was further provided in and by said act that all donations and bequests of money, securities, or other property to said University shall be conveyed to the Treasurer of the University and invested in the same manner, placed in the same custody, and the interest thereon paid out in the same way as in the case of the proceeds of the agricultural scrip, of which said University is made and declared to be the owner as provided in the act of the Legislature to the extent of three fifths of all. The title to all lands for the use of said University was required to be made in fee simple to the State with covenants of seizure and warranty. All of which and other parts of said law can be more fully ascertained by reference to the revised Code of 1871 chapter 64
Under said act of the Legislature your orators were duly and legally appointed President and Trustees of said University and were duly confirmed by the Senate of this State. As such President and Trustees they have possession of all the lands, buildings, and other property of said University and are exercising all the rights, privileges, and franchises granted by law to them. The President and Board of Trustees of said University were appointed in the first instance by and with the advice and consent of the Senate and were duly and legally organized under said act, and your orators are now then lawful successors in office. There has been no [gap] of their corporate franchises and privileges, and no proceedings have been instituted for the judicial termination of their charter.
The said President and Board of Trustees with the approval of the Governor, purchased Oakland University and grounds, in the said County of Claiborne as a site for said Alcorn University using for that purpose a portion of the proceeds of the Agricultural Scrip, donated by act of Congress, and have done and performed all the acts required by law for the proper organization of said Alcorn University and the establishment and management of a seminary of learning as contemplated by said act.
Your orator Thompson in consideration of his appointment and confirmation as President of said University on or about the 18th day of Decr 1874 and at large sacrifice to his private affairs and interest abandoned his home and a profitable employment in the State of Louisiana, to take charge of said Alcorn University for the term of five years at an annual salary of twenty five hundred Dollars per annum; and all other your orators accepted the position of Trustees upon the faith of a retention of their offices for the full term prescribed by law, none of their terms have yet expired. They have exerted themselves to make said University a success and verily believe that they would have succeeded but for the hostile legislature hereinafter refered to. Their position is one of great honor and the emoluments (note: pertaining thereto, though sueable are of some value) being at the rate of [gap] Dollars for each day they may be engaged in the discharge of their duties and a sufficient mileage to cause their expenses of travel. Said Alcorn University was established as a Seminary of learning for the colored people, and your orators had well hoped would be fostered and encouraged in every possible manner by the Legislature of the State.
But now so it is, May it please your Honor the Legislature of the State, acting under the influence of some momentary impulse, did on the 3d day of March instant pass an act which has been improved by the Governor entitled an act in relation to Alcorn University; in and by which it is recited by way of preamble that whereas great dissatisfaction exists in the public mind in relation to the present management of Alcorn University, and whereas a majority of the students have withdrawn from the University in consequence thereof, and a number of the faculty have been dismissed, and yet the present Board of Trustees seem unable to bring about a satisfactory arrangement or such relief as is necessary to the success of said University, and therefore it was enacted that the present incumbents of the office of President, Treasurer, and superintendent of Alcorn University and the present Board of Trustees thereof, be and they are hereby removed and the said offices declared vacant from and after the passage of the act, and the professors, tutors, and all other officials connected with said University be and the same are hereby discharged. By the Second section of said act the office of Treasurer was abolished and the State Treasurer was appointed ex-officio treasurer for said University, and as such was to have custody of all funds appropriated or security belonging thereto. By the third section of said act the Governor was required within a reasonable time after the passage of the act to appoint a President and Board of Trustees in the manner, now provided by law, and it was made the duty of said Board of Trustees to re-organize said University provided that during the present year the Board shall only put in operation the preparatory Department of said University and employ Teachers sufficient in conjunction with the President to conduct the same.
By the fifth section of said act, all annual appropriations authorized by law were withdrawn and the sum of fifteen thousand Dollars was appropriated for the support of said institute during the year 1875 and the same amount annually thereafter until otherwise provided by law.
(note: By the Sixth Section of said act the Governor is made Ex-officio President of the Board of Trustees with power to remove any member of the Board at his discretion whenever in his opinion the interests of the University may demand it)
By the Eighth Section of the act the senior professor or some other person to be designated by the Governor is required to take charge of the buildings, grounds, and other property of said University and prevent the same from loss and damage until such time as the President and Board of Trustees shall be appointed as required in said act.
Under the said last mentioned act the Governor has nominated the Defendant John J. Smith a resident of said County of Claiborne, H. W. Warren a resident of the County of Leake, A T Morgan a resident of the County of Yazoo, Jonathan Tarbell and Charles Caldwell, residents of the County of Hinds, George W. Boyd a resident of the County of Warren, Lindsey Evans a resident of the County of Claiborne, A. K. Davis a resident of the County of Noxubee with others as Board of Trustees of said University but has not appointed them by and with the advice and consent of the Senate nor has any one of said appointments been reported to or confirmed by the Senate, not withstanding which they claim and allege that they constitute the rightful Board of Trustees of said Alcorn University, has given out that they will meet on the grounds of said University on the 24th day of the present month for the purpose of reorganization and threaten to dispossess and deprive your orators of all their rights, offices, privileges, and immunities to which they are entitled under the charter of their incorporation.
In fact the Defendant John J. Smith has gone personally upon said grounds and demanded possession thereof with the property of said institute and is endeavoring against the wishes and consent of your orators to take control and direction thereof to all intents and purposes as if he were owner thereof. The said Defendants also claim and insist that all appropriations made by said act of May 13th 1871 in aid of said University have been legally withdrawn by the said pretended act of March 2d 1875 and that the sole and only appropriation now available for said University is that of fifteen thousand Dollars per annum called for by said last mentioned act, falsely pretending that the said corporation of the President and Board of Trustees of said University organized under the act of 1871 were creature of legislature, well established for the general good and endowed by the State alone and that the Legislature may at pleasure modify the law by which it was created; That your orators are the mere mandators of the State and have no personal interests involved, whereas in truth and in fact your orators state and show unto your Honor that they were incorporated a body politic and so constituted as President and Board of Trustees of said University with power to acquire property and receive donations from the State and individuals, on condition that the said Seminary of Learning should be established and that certain designated individuals from each County in the State should be educated free of charge. On said conditions the donation of fifty thousand Dollars per annum was set apart and appropriated to them in the State Treasury and the same has been annually drawn until now, and the funds with which the site and grounds of said University were purchased were the proceeds of sale of the Agricultural Scrip donated by the Congress of the United States. All the conditions imposed by the said charter have been complied with, and your orators are advised, believe, and charge that the Legislature has no right to abridge or destroy their agency in the premises and deprive them of their several positions in violation of the provisions of the said act of incorporation by a simple Legislative act. They are further advised, believe, and charge the law to be that the said act of the Legislature in so far as it pretends to declare a vacancy in their office is unconstitutional and void, being an attempt on the part of the Legislature to invade the prerogative and department of the Judiciary, that the Legislature has no right or power to withdraw or recall the appropriations in their behalf, made and set apart in the Treasury to their use by the said act of 1871, even tho’ the same were a gratuitous donation for the purposes contemplated; that your orators and their successors in office had a vested right in and to said appropriations; and that the said act of March 2, 1875 is unconstitutional because it contains that right and impairs the obligation of the contract fairly made and created by their charter adopted in 1871. And your orators are further advised, believe, & charge the law to be that they have by reason of their appointment and confirmation under and according to the said charter of 1871, a personal interest in the subject matter of this litigation and a property right in their said several offices which is not only unpaid but attempted to be destroyed by said act of Mch 25, 1875 and by reason thereof that said last named act is unconstitutional and void and they are further advised, believe, and charge the law to be that even tho’ their said corporation are a public corporation and part of the machinery for carrying on the affairs of the State, their property cannot be taken from them or directed by the State from the uses and objects for which it was given and purchased; nor could the State do more than exercise a general superintendence and control on them in such contingency.
They further show that the [direct?] operation and effect of said act of March 2d 1875, will be to destroy the said Alcorn University and that it is unconstitutional in that respect; that if sustained and acted on they will be [deprived?] of their property in their said offices, without due course of law and their corporation [destroyed?], all which cannot be done by the legislature without contrary the Constitution of the state and of the United States. And so they went and charged that the said act of March 2d 1875 is in direct violation of Section 2 Article 1 and section 9 Article 1 of the Constitution of this State and Section 10 article 1 of the constitution of the United States and Section 1 Article XIV of said constitution last named; and is therefore null and void.
The premises considered, your orators pray that the Charles Caldwell, John J. Smith, H. W. Warren, A. T. Morgan, Lindsey Evans, A. K. Davis & Jonathan Tarbell be made defendants hereto and compelled to answer &c and that on final hearing your orators be decreed to be the President and Board of Trustees of said University and established in their said offices and entitled to the full and free possession and use thereof and the undisturbed possession of the buildings, grounds & other property of said University and that the said defendants be perpetually enjoined from interfering with or molesting your orators in the discharge of their offices, duties, and interests under the act of their incorporation. In the meantime and because your orators aver and fear that great and irreparable doings will result by reason of the false claims and hostile actions of said defendants, they pray that an injunction herein issue against them, enjoining them and each of them from intruding or trespassing in any manner upon the grounds of said University and from molesting or interfering with your orators in the exercise of their corporate rights, franchises, or privileges and from asserting or pretending to assert title or right to the office of Trustees of said University under the said act of March 2d 1875, until the final hearing, And for general relief.
May it please your Honor to grant your orators the State’s writ of Subpoena directed &c commanding &c and as in duty bound will ever pray &c
Nugent & McWillie
[?]
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State of Mississippi
Hinds County
Personally appeared before me Peyton Robinson an acting Justice of the Peace in & for said County & State James J. Spelman one of the Trustees for Alcorn University who being sworn says, that the matters and things stated in the foregoing bill as of their knowledge of Complaints are true and those stated as of the information of others he verily believes to be true.
James J Spelman
Sworn to & Subscribed before me this 16th March 1875
Peyton Robinson J. P.
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The State of Mississippi
Hinds County
To the Clerk of the Chancery Court of Claiborne County:
On the Complainants filing this bill and entering into bond in the penalty of One thousand dollars, with good and sufficient security to be approved by you, and conditioned to pay all costs and damages which may be awarded against them.
You will issue the injunction & subpoenas as prayed, returnable to the next term of your said Court.
Given under my hand & seal this 17th day of March A. D. 1875.
Peter P. Bailey
Chancellor 11th Chy District of the State of Mississippi
Filed March 23d 1875.
S. Unger Clk
by T. Borum D. C.
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Copy of Injunction Bond
The State of Mississippi.
Know all Men by these Presents: That we, The President & Board of Trustees of Alcorn University principals and M. J. Manning & Thos W. Hunt & James Hill, sureties are held and firmly bound unto Chas Caldwell, Jno. J. Smith, H. W. Warren, A. T. Morgan, Lindsey Evans, Alexander Kelso Davis & Jonathan Tarbell, in the sum of One thousand dollars, be paid to said obligees, their heirs, executors, administrators, or assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, firmly be these presents, sealed with our seals, and dated the 18th day of March A. D. 1875.
The Condition of the above Obligation is such, That whereas, the above bound President & Board of Trustees of Alcorn University have this day obtained from the Honorable Peter P. Bailey, Chancellor of 11th Chy Dist. a Writ of Injunction and Supersedeas, enjoining and restraining the said Defendant, etc., until the same can be heard and determined at the Honorable, the Chancery Court of Claiborne County, State of Mississippi;
Now, If the said above named obligors in case the Injunction shall be dissolved, shall, within thirty days thereafter, well and truly pay and satisfy all costs and damages as shall result from the wrongfully suing out this Injunction, and abide by and perform the decree of said Chancery Court, then this obligation shall be void, otherwise the same shall remain in full force and virtue.
The President & Board of Trustees of Alcorn University
By Nugent & McWillie, Attys.
M. J. Manning
James Hill
Thos W. Hunt
Signed, sealed and delivered in the presence of A. W. Little Clk.
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Copy of Writ and Return thereon
The State of Mississippi
CLaiborne County S S
To the Sheriff of Claiborne County Greeting–
You are hereby commanded to summon, Charles Caldwell, Jno. J. Smith, H. W. Warren, A. T. Morgan, Lindsey Evans, A. K. Davis, and Jonathan Tarbell, to be and appear before the Chancery Court of Claiborne County at the Courthouse thereof, on the 4th Monday after the 4th Monday of April next, then & there to answer the bill of complaint filed against them in our said Court, by Chas. H. Thompson President, W. W. Dedrick, Geo. F. Brown, Wm. H. Gibbs, James J. Spelman, J. M. P. Williams, Merriman Howard, Doctor Stites, Geo. C. Smith, and H. H. Truhart, Trustees of the Alcorn University, which bill is filed for the purpose of perpetually enjoining & restraining said Defendants from interfering with or trespassing upon the property of said Alcorn University and also perpetually Enjoining & restraining said Defendants from molesting or interfering with said Plaintiffs in the exercise of their corporate rights, franchises, and privileges granted to them by an act of the legislature of said State of Mississippi, passed & approved on the 13th day of May A. D. 1871 incorporating said University, & to Enjoin & restrain said Defendants from asserting or pretending to assert any title or right to the office of Trustees of said University.
And Bond & security having been given according to law, they & each of them said Defendants are hereby Enjoined & restrained accordingly until the further order of our said Court, under the penalty prescribed by law.
Herein fail not, & have then & there this writ.
Issued the 23d day of March A. D. 1875
Solomon Unger Clerk
by T C Borum D. C.
Recd. March 23d 1875
Thos Bland Shff
Joshua Page D. S.
Executed the within Process upon the within named Defendants Charles Caldwell, John J. Smith, H. W. Warren, Lindsey Evans, and Jonathan Tarbell this 24th day of March A. D. 1875 personally and delivered unto each of them a true Copy thereof.
Thomas Bland Shff
By Joshua Page D. S.
Service 7.50
E & R .50
Copies 2.50
$10.50
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Copy of Answer to Bill.
Charles H. Thompson, President & W. W. Dedrick et al Trustees of Alcorn University.
vs
Charles Caldwell et al.
In the Chancery Court of Claiborne County
State of Mississippi.
May Term 1875.
The joint and several answers of Charles Caldwell, John J. Smith, H. W. Warren, A. T. Morgan, Lindsey Evans, A. K. Davis, and Jonathan Tarbell, defendants to the Bill of Complaint exhibited against them in this Honorable Court by Charles H. Thompson President, and W. W. Dedrick, George F. Brown, W. H. Gibbs, James J. Spelman, J. M. P. Williams, Merriman Howard, Doctor Stites, George C. Smith, and H. H. Trueheart Trustees &c Complainants.
These defendants now and all times hereafter saving and reserving unto themselves, all manner of benefit and advantage of exception to the many errors, and insufficiencies in the Complainants’ said bill of Complaint contained, and also, all manner of exception, that might be thereunto taken by plea, or demurrer, for answer thereunto, or with so much and such parts thereof, as these defendants are advised is material for them to make answer unto.–
They answer and say, they admit that on the 13th day of May A. D. 1871, the Legislature of this State, enacted a law, incorporating the Alcorn University; and that by the first Section of said Act, it was provided that the Governor by and with the advice and consent of the Senate, should appoint immediately after the passage of the Act, a president and Ten Trustees, but they aver that under and by virtue of the provisions of the said Act, the said president, and trustees were to be known by the style and title of “President and Board of Trustees of Alcorn University of Mississippi” – These defendants further admit that the said president so appointed, should hold his office for the term of five years, unless removed previously by the Governor on cause shown on a memorial of a majority of the Ten Trustees; they further admit the Trustees were to hold office for the term of five years; provided that each Trustee should be subject to removal by the Governor for cause shown to his satisfaction in charges preferred by a majority of the Trustees; provided further that two Trustees should be superseded by appointees of the Governor every year; they further admit that the Trustees appointed by the Governor in the first instance, were to meet in the City of Jackson within twenty days after the date of their appointment, to determine by lot the several limitations of their respective terms; so that two should retire at the expiration of one year, from the date of their appointment, two at the expiration of two years; two at the expiration of three years; two at the expiration of four years; and two at the expiration of five years; provided that all vacancies occurring in the Board from time to time, whether from death, resignation, or otherwise, should be filled for the unexpired terms, as in case of annual vacancies, by the Governor.
The defendants further admit all the allegations in the said Complainants bill of Complaint contained as to the powers and privileges conferred by said Act of the Legislature, in the Second and third Sections thereof;
These defendants answering admit also that by the fifth Section of said Act, it was provided that the President and Board of Trustees should have the general supervision of all lands, buildings, and other property belonging to the University, and the control of all the expenses therefor, they admit that the said President and Board of Trustees, were directed by said Act, to make such rules, regulations, and by laws, for the transaction of their business and the accomplishment of the objects of the Act, as shall not conflict with the laws of this State or the United States, but these defendants deny that the said President and Board of Trustees had unlimited power in the premises, and aver that they could only do so, so far as the same were limited and defined by said Act. Defendants further admit that by the terms of said Act, all donations and bequests of money, securities, and other property to said University should be conveyed to the Treasurer of the University, and invested in the same manner, placed in the same custody, and the interest thereon paid out in the same way, as in the case of the proceeds of the Agricultural Scrip of which said University was made the owner as provided in the Act of the Legislature, to the extent of three fifths in all. Defendants further admit that the title to all lands for the use of the said University were required to be made in fee simple to the State with covenants of seizure and warranty &c–
These defendants further answering and further purpose of showing to this Honorable Court the complete subserviency of the said Alcorn University, and the President and Trustees thereof to the Legislature of this State, aver, and show that by virtue of the provisions of Section 2918 of said Act, the said President and Board of Trustees of said University were required to make a report semi-annually to the Governor, of the condition of said University; the amount of receipts and disbursements; the number of Professors, Teachers, and officers; and the position and compensation of each; the number of Students in the Second department and classes, and the course of instructions pursued in each; also an estimate of the expenses of the ensuing half year; a full transcript of the proceedings of the Board for the past year; the progress of said University, recording any improvements made with the costs, and their results; and such other matter as may be useful.–
These defendants further aver that under and by virtue of the provisions of said Act of May 13th 1871, the Attorney General of the State was made the legal adviser of said President and Board of Trustees, and required to institute, and defend all suits in behalf of the same, and further aver that no title to lands for the use of said University could be taken until the said Attorney General was satisfied that the same were free, of all defects and incumbrances.
These defendants would respectfully refer your Honor to the said Act of May 13th 1871, contained in the Revised Code of A. D. 1871, Chapter 64, for a more complete understanding and comprehension of the corporate franchises, privileges &c conferred on the said President and Board of Trustees of Alcorn University; and in this connection they aver, state, and show to the Court here: that the said Alcorn University is a public Eleemosynary Institution of Learning founded by the Legislature; and by the said Act placed under its control, and the said President and Board of Trustees, public officers, exercising powers, conferred by the public, for public objects, and amenable to the Legislature; and they further aver and maintain that the said “Alcorn University of Mississippi” is a public Corporation, and the President and Board of Trustees, the mere servants of the State created at will, possessing no corporate franchise, rights, or privileges in and by virtue of said Act, beyond the reach and control of the Legislature, and the power and constitutional right, to abolish or abridge the same at pleasure.–
These defendants do not admit that under said act of the Legislature passed May 13th 1871, Complainants were duly and legally appointed President and Board of Trustees of said University; and were duly confirmed by the Senate of this State, and if these allegations in Complainants’ bill are material, they require strict proof of the same.
Defendants admit that Complainants are in possession of the lands, buildings, and other property of said University, but they aver that under and by virtue of the provisions of an Act of the Legislature approved March 3d 1875, said possession is wrongfull and unlawful; and they further aver, that by virtue of the said Act, and their appointment by the Governor, they together with Merriman Howard, George W. Boyd, and H. H. Trueheart, their co-trustees and who are not made party defendants by Complainants in their said bill of Complaint, are the rightful and lawful Board of Trustees of said University and entitled to the immediate possession of the said lands, buildings, and other property belonging to the same.–
Defendants emphatically deny that Complainants are now, or were at the date of exhibiting their said bill of Complaint exercising any rights, privileges, or franchises, granted to them by any law relating to said University–
These defendants admit that in the first instance the President and Board of Trustees of said University were appointed by and with the advice, and consent of the Senate, and were duly and legally organized under said Act May 13th 1871, but they most earnestly deny that the Complainants herein are their lawful successors in office.–
Defendants admit no proceedings have been instituted for the judicial termination of the Charter of said University, and deny that any proceeding was necessary for the purpose of removing the said Complainants and declaring their offices vacant, as the same was done by said Act of March 3d 1875.
Defendants admit that the President and Board of Trustees appointed in the first instance, by and with the advice and consent of the Senate, purchased Oakland College in Claiborne County, as a site for said Alcorn University, using for that purpose a portion of the proceeds of the Agricultural Scrip, donated by act of Congress, and that they did what was required of them by law so far as the said purchase and the organization of the University were concerned; but they aver that the Complainants herein have so misused the corporate powers, privileges, and immunities, conferred by said Act of May 13th 1871, as to revoke and call forth the Act of the Legislature approved March 3d 1875, all of which will be more fully hereinafter shown.–
These defendants do not admit that the said Thompson at a large sacrifice to his private affairs and interests, abandoned his house, and a profitable employment in the State of Louisiana to take charge of said University; and they do not admit that he had a home and profitable employment in Louisiana or anywhere else; they do not admit that the other Complainants accepted the position of Trustees on the faith of a retention of their offices for the full term; and if any of these allegations in Complainants’ bill of Complaint are material, they require strict proof of the same; Defendants aver in this connection that if Complainants ever had any such rights, franchises, and privileges, they have been legally taken away from them by said act of March 3d 1875.
These defendants deny that said Complainants or either of them, have exerted themselves to make the said University a success; and that the said act of March 3d 1875 is hostile to the interests of said University; and defendants aver that the Legislature is endeavoring to foster and encourage the said Alcorn University and the purposes for which it was established, and to this end enacted the law of March 3d 1875, which removes the Complainants from office, and they further deny that said Act, was the result of a momentary impulse of the Legislature, and they charge and show to the Court here, that the said act, and the approval thereof by the Governor, was the result of mature deliberation, based upon an honest desire to serve the interests of the State, and public, and the purposes for which the said Institution of Learning was incorporated, they further aver that the Legislature in passing said Act, violated no provision of the Constitution of this State, or of the United States, and interfered with no vested rights of Complainants herein–
Defendants admit that on the 3rd day of March A. D. 1875, the Legislature passed an act, which has been approved by the Governor, Entitled “An Act in relation to Alcorn University, in and by which it is recited by way of preamble, that whereas great dissatisfaction exists in the public mind, in relation to the present management of Alcorn University; and whereas the majority of the Students have withdrawn from the University in consequence thereof; and a number of the faculty have been dismissed, and yet the present Board of Trustees seem unable to bring about a satisfactory arrangement, or such relief as is necessary to the success of said University, they admit that by the first Section of said Act, it was enacted that the present incumbents of the offices of President, Treasurer, and Superintendent of Alcorn University, and the present Board of Trustees, were removed and their offices declared vacant from and after the passage of the Act, and the Professors, Tutors, and all other officials connected with said University discharged; They admit that by the Second Section of said Act, the office of Treasurer was abolished, and the State Treasurer appointed ex-officio treasurer of said University to have the Custody of all the funds appropriated, and securities belonging thereto.
Defendants admit all the allegations in the said bill of Complaint, as to the powers, and provisions contained in the third, fifth, sixth, and eighth Sections of said Act.
These defendants further answering state and show to this Honorable Court here the causes and inducements which caused the Legislature to pass the act of March 3d 1875, and to this end they aver on information and belief, that said Complainants have squandered about Two hundred and fifty thousand dollars on account of said Alcorn University, and no good have resulted therefrom, and they have nothing to show for the said vast expenditure, but the University Grounds and buildings and about fifteen hundred or Two thousand dollars worth of personal property.
Great dissatisfaction arose in the public mind in regard to the administration of the affairs of the said University by these Complainants and the Professors and Tutors in charge of the same, so much so that it was deemed expedient, that an investigation of the condition of the same should be made, and thereupon the Legislature at its last Session appointed a Committee consisting of Hons. Charles Caldwell and J. P. Carter on the part of the Senate, and Hons. John W. Randolph, R. R. Applewhite, and W. W. Edwards on the part of the House, to make said investigation.
This Committee performed that duty and in due time, made their report to the Legislature; a certified copy of which report will be hereafter filed with this answer as Exhibit No. 1 and they make the same a part of this answer, and respectfully refer your Honor to the same for a more particular description of the administration of the affairs of the said Alcorn University.
These defendants aver and charge the truth to be, that all the allegations, charges, and facts, set forth in the said report, together with others of a kindred character, are true and correct;
Defendants further show unto your Honor, that on the coming in of said report of said Committee, the Legislature after a due consideration of the same and being convinced of the truth of the facts therein set forth, enacted the said law of March 3d 1875.
Defendants admit that under the said act they in conjunction with others were appointed by the Governor a Board of Trustees of said University; and they state and show to the Court here, that they have been appointed since the adjournment of the last Legislature, and they expect to be duly and legally confirmed by the Senate at the next Session thereof. They admit that they claim to be the Board of Trustees of said University, and aver that they are lawfully and legally so, under and by virtue of the provisions of the said act of March 3d 1875, and their appointment to the office of trustees in pursuance thereof, by the Governor;
And they deny that Complainants have any rights, officers, privileges, and immunities under the Charter of the incorporation of said University passed May 13th A. D. 1871.
These defendants further answering deny that the defendant John J. Smith went personally on the Grounds, and demanded possession and the property of the said Institution, and that he endeavored to take control and direction thereof as though he were the owner thereof.- they admit however that he went on the premises for the purpose of taking an inventory of the personal property of said Institution, and aver that he did this at the special instance and request of his co-trustees–
These defendants aver that the annual appropriation for ten successive years of Fifty thousand dollars has been legally withdrawn, and that in lieu thereof the annual sum of Fifteen thousand dollars for the benefit of said University is set apart in the State Treasury until further provided by law; and defendants also aver that all the appropriations for the use of said University made by the said act of May 13th A. D. 1871, still exist, except so far as they are modified, amended, or repealed by said act of March 3d 1875.
These defendants further answering state and show to the Court, here, and aver and charge the truth to be, that the Complainants herein are not the legal President and Trustees of Alcorn University, and were not so at the date of exhibiting their said bill of Complaint in this Honorable Court, and they respectfully aver and show unto your Honor that the act of March 3d 1875, removing the Complainants herein from their respective offices of President and Trustees of said University is constitutional and valid.
These defendants further answering, repeat, and charge the truth to be, that the said Alcorn University of Mississippi is a public corporation, and that in the enactment of the law creating it, there was no contract made with the President and Board of Trustees thereof, or their Successors in office, that gave them any vested rights in the premises, and they further charge that the Legislature of the State had full and ample power to abridge and destroy the agency of Complainants in that behalf, and deprive them of their respective positions, and declare their offices vacant, and a perfect right to recall all appropriations made by said act of May 13th 1871.
Consequently they deny that Complainants herein have any vested right to the said annual appropriation of Fifty thousand dollars for ten successive years, and that they have any vested rights to the corporate franchises and privileges conferred by the act of May 13th 1871, and that they have any personal interest in the subject matter of this litigation on a property right in their said offices; and they aver that by virtue of said act of March 3d 1875 the said Complainants were legally and constitutionally divested of all their corporate rights, franchises, and privileges; they further deny that said act is an invasion of the prerogative of the judiciary department of the Government.
They further deny the allegations in the said Complainants’ bill, that the operation and effect of the act of March 3d A. D. 1875 will be to destroy Alcorn University, and that said act is in violation of Section 2 Article 1, and Section 9 Article 1 of the Constitution of this State; and Section 10 Article 1, and Section 1, Article XIV of the Constitution of the United States.
Defendants further state and show unto your Honor that the amount of the injunction bond herein, to wit, the sum of One thousand dollars is entirely too small and inadequate to cover the damages sustained by the University, and these defendants by the suing out the injunction herein, and they insist upon this ground, that said injunction ought to be dissolved–
These defendants further answering and for a further defenses, aver and show unto your Honor and charge the truth to be that, that Merriman Howard of Jefferson County, George W. Boyd of Warren County, and H. H. Trueheart, were appointed co-trustees along with these defendants, and they accepted their said positions, and they further show that the said Merriman Howard, George W. Boyd, and H. H. Trueheart have not been made party defendants hereto, by Complainants in their said bill of Complaint, exhibited in this Honorable Court; they further state and show unto your Honor that George F Brown, and J. M. P. Williams, have been joined as Co-Complainants in said bill of Complaint against their will and consent, and that the Co-Complainants Merriman Howard and H. H. Trueheart have accepted the positions of trustees along with these defendants under the act of March 3d 1875, they further state and show unto your Honor that under the act of May 13th 1871, it was made the duty of the Attorney General of the state to be the legal advisor of the President and Board of Trustees of Alcorn University of Mississippi, and to institute and defend all suits in behalf of the same; and even if the Complainants herein, are the rightful President and Board of Trustees of said University, they charge the truth to be that said Atty Genl has not instituted the present suit, and they further charge on information and belief that said Complainants never sought or demanded him to bring this suit, as was required by law; all the foregoing allegations and matters contained in this clause, are insisted upon by defendants, as a defense, in the same manner and to the same extent, and as effectively, as if they were interposed by special plea.
These defendants for a further defense state and show unto your Honor, and aver, that said Complainants in their said bill of Complaint, have not stated or set forth any matter or thing, that entitles them to any equity in this Honorable Court, or the injunction relief therein prayed for; and they further state, and show, that if Complainants have any grounds of Complaint or any grievances in the premises, they have a full, complete, and ample remedy at law, and defendants insist upon all this as a defense in the same manner as though set forth by demurer–
Further answering the defendants aver that the charter of Alcorn University of Mississippi, stands to day intact, and that all the corporate rights, franchises, appropriations, and privileges still exist, except in so far as the same are modified, amended, or repealed by said act of March 3d 1875, and they further aver, that they together with the said Merriman Howard, George W. Boyd, and H. H. Trueheart are the legal Board of Trustees of said University, and entitled to the places, privileges, rights, and franchises, now usurped, or attempted to be usurped by the Complainants herein and they further show unto your Honor that Samuel J. Ireland, who now usurps the office of Treasurer of said University has about Thirty five thousand dollars of the funds of the University in his hands unaccounted for, and which he refuses to account for to the Treasurer of State as required by said act of March 3d A. D. 1875, and they greatly fear that unless the injunction herein is speedily dissolved, the same will be irrecoverably lost to said University, and the State.
And having fully answered these defendants pray that the injunction granted herein may be dissolved, and the bill of Complaint dismissed and that they may go hence with their reasonable costs in this behalf laid out and expended &c.
George E. Harris Atty Genl
& Thrasher & Stiles
Sols for Defts.
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Copy of Report of Joint Committee
The report of the Committee appointed to investigate the condition of Alcorn University:
Mr Speaker: Your special Committee under H. B. R. no. 23 to investigate the condition of Alcorn University, respectfully submit the following report:
Your Committee visited the University, examined a number of witnesses both at the University and at Jackson. We found the buildings and grounds in good condition, and well adapted to the purposes for which they were appropriated. Most of the buildings have been repaired, some are still undergoing repairs, and good fences have been built. At the time of our visit, there were in attendance about sixty students, a number of them being students whose parents reside in the vicinity, and should properly be educated in the district schools of the county. A large number of the students had left the University before our arrival, and others were preparing to leave. Those remaining were of the grade found in our ordinary district schools, studying such branches as English Grammar, arithmetic, geography, reading etc. But two or three members of the advanced classes were upon the grounds, and these were awaitinng friends to return to their houses. We found that during the month of October last, a serious disturbance broke out between the students and officials. The students refused to attend recitations for two weeks, and appealed to the Executive Committee of the Board of Trustees to remove those Professors and the Superintendent. The Committee settled the matter by compelling the entire faculty to tender their resignations, three of which were immediately accepted. They also promised to remove the Superintendent within thirty days, thus compromising the matter with the Students in order to suppress the rebellion; but afterwards decided to retain the Superintendent.–
Three of the Professors who were compelled to place their resignations in the hands of the Committee, did so when no charges were preferred against them. It seems that a general dissatisfaction with the management had prevailed in the College for some time previous to the rebellion, and this outbreak was the result of that dissatisfaction. Want of discipline among the students, want of harmony among the various officials, and bitterness of feeling toward the Superintendent by the students were the prime causes of the outbursts. There appears to have been a continual warfare between the Superintendent and the late President (Dr Revels) Dr Revels was a great favorite with the Students, and they were highly incensed at his removal. It is a significant fact that eight Professors, and one President have left the University within the space of eighteen months. The Committee had before them a number of students, all of whom, but one complain of the treatment received at the hands of the Superintendent at the boarding hall, and at other times and places which the testimony sets forth. Charges of profanity, lewdness, and drunkenness were found to be true against several of the officials. We found a President of the University whose sole duty seemed to be to hold evening prayers at the chapel, and perform services on the Sabbath, at a salary of twenty five hundred dollars per annum. The President should be required to have at least one class under his own immediate supervision. The Superintendent’s office should be abolished – this alone would save annually thirteen hundred and fifty dollars to the University fund. The Treasurer’s office should be abolished, and the State Treasurer required to perform the duties of that office without extra compensation. One party has been Superintendent, Treasurer, and Trustee at the same time. The Treasurer of the University receives into his hands over sixty thousand dollars per annum, and is required by law to give a bond of not less than five thousand dollars. The annual expenses of the University need not exceed fifteen thousand dollars. This would include salaries and contingent expenses. The Treasurer reports about thirty five thousand dollars in the Treasury, in warrants and currency. The act of Congress donating the agricultural scrip makes provisions for the establishments of one or more agricultural colleges in the State, and had the Agricultural Department at Alcorn University been established, with a provision allowing poor students to earn their board on the farm, it would have been of material benefit to many deserving young men. There seems to have been no action taken by the Trustees to comply with the requirements of this Act of Congress, which, if persisted in, may be the cause of the State forfeiting this part of the fund. There has been a farm conducted by hired labor, but the students were not materially benefitted by it. The farm, if conducted at all, should be worked by the Students. The boarding department has been supported out of the annual appropriation to make up for deficits on account of free scholarships. In the opinion of the Committee, the Board of Trustees has ample power and means necessary to the fulfillment of the object for which the institution was established. But we find that some of them have never visited the University, some have not been there within the last two years; and those who have been there have been unable to secure the confidence of the patrons of the school by their management. Although we have examined the President and several of the Trustees, the Treasurer alone could give any account of the finances of the University. The Treasurer’s books show that he received during the year 1874, sixty nine thousand seven hundred and sixty nine dollars and fifteen cents. He disbursed during that year, fifty one thousand one hundred and eighty nine dollars and sixty cents, leaving a balance for that year, in favor of the University, of eighteen thousand five hundred and seventy nine dollars and forty five cents. Your Committee found one account in the hands of the Superintendent, which had been allowed him as a voucher, from the house of Roberts & Co. in New Orleans, which account, although itemized as to the articles purchased, yet had no price affixed to any item; but at the foot of the account the sum of seven hundred and ten dollars were placed and receipted for–
Your Committee regret that their limited time and the inefficiency of the appropriation prevented that thorough examination into the finances of the University which they so much desired.
Your Committee would respectfully recommend a complete re-organization of the management of the University.
Chas Caldwell
Chairman on part of Senate
J. P. Carter
On part of Senate
Jno. W. Randolph
Chairman on part of House
R. R. Applewhite
W. W. Edwards
Members on part of House
The report was received and ordered spread on the Journal S. B. No. 652. An Act in relation to Alcorn University, was taken up and read the first time. Mr. Cessor at 4:12 O’clock, moved to adjourn. Lost. And the bill, under a suspension of the rules, was read a second time. Mr Lynch offered the following amendment: Provided, That this Act shall apply in all intents and purposes to the University at Oxford, Miss. The amendment was laid upon the table. Mr. Johnson of De Soto, moved to refer the bill to the Committee on Universities. The motion was tabled. By–
Mr. Randolph Amend by striking out in the first section, the words, on and after the passage of this Act, and insert in lieu thereof, the following: On and after the first day of April, 1875. The amendment was laid upon the table.
Mr. Street moved that the rules be suspended, the bill read the third time and paced on its final passage, and upon that he moved the previous question. The call for the previous question prevailed and under the operation thereof, the bill was read the third time and passed; title standing as stated. Further action upon the bill was precluded by the usual motion to reconsider and table.