Repository: UIHistories Project: Booklet - UI Charter of Freedom (1942) [PAGE 32]

EXTRACTED TEXT FROM PAGE:

31 the University had filed In the cause referred to in said petition stricken from the files in said court and the University left in default with the attendant stigma which would attach to its reputation and standing as an educational institution because of the peculiar, extraordinary, and false allegations set forth in said petition relating to religious and racial prejudice i P e t , pp. 30, 32, 33, 34, 35, 36). And this notwithstanding the fact that the University since its creation has asserted and exercised without challenge the right to counsel of its own choosing! No better evidence of this fact can be found then the records of this court as set out in the petition, and the acts of the General Assembly herein set forth recognizing the practice and making appropriations incident thereto (Pet., pp. 41, 42, 43), Thereby, without notice of law, does respondent Barrett embarrass, harass and seek to prevent the University from prosecuting its lawful and sole business, namely, the education of youth, a distinctly fundamental enterprise. "There is no place in our constitutional system for the exercise of arbitrary power," said Mr. Justice Day in Garfield V. Goldsby, 211 U. S. 249, 262, words which have been frequently quoted. {Jones v. Securities Commission, 298 U. S. 1, 24.) That the conduct of the respondents as set forth in the petition amounts to a denial of due process to these relators, we respectfully submit, is scarcely debatable. As to relators Hodges and Johnson, it deprives them of liberty guaranteed them by the XIV Amendment to the Constitution of the United States and the Bill of Rights of this State. Article II, Section 2. Relators here invoke the protection and guaranties of these constitutional provisions. In Allgeyer v. Louisiana, 165 U. S. 578. 589, 17 S Ct. 428, 41 L. Ed. 832, in speaking of the liberty meiu