Repository: UIHistories Project: Booklet - UI Charter of Freedom (1942) [PAGE 29]

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28 The State fosters high • I neat: n in order that it may improve the quality of its citizens. The purpose is to equip a limited number of young men and women who are able to atten college for the conduct of life in such a way that the civic life of the Stat as a whole may be quickened and elevated and improved by their presence and activities. The benefits thus cor ferred are official and general, and all the people of the state participate in them." Any interference with the function of this agency in the State is a matter of the gravest public and general concern. The acts of the respondents make it impossible for the Board of Trustees to perform its contracts with staff members with consequences de scribed in the petition (Pet., pp. 6. 8 The prerogative writ of mandamus is issued out of the Supreme Court because, in the government of a State, "other departments might need its intervention to protect them from usurpation." {Attorney General v. Blossom, 1 Wis. 283, quoted with approval in Pec pie v. City, 193 111. 507, 512; and see same Illinois case at p. 522 I. "The people of the Statt or a large part of them, were directly interested" in what was done by the Attorney General and the Auditor of Public Accounts, and continue to be so interested People v. City, 193 111. 507, 520. | The activi - in question-conducting a University-i s one of public not primarily of private concern. "Whether it i a * tivity. is one or the other in such case depends upon whether the activity is carried on by the munic J i m as an agent of the State. If it fe, i t i s Qf J • public concern." [Luhrs v. City of Phoenix , A r i 7 1938 83Pac. (2d 285.] The Universit 03 of the State. Trustees v. Champaign Co 7fi nfTfi 1M 187.>