UIHistories Project: A History of the University of Illinois by Kalev Leetaru
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Repository: UIHistories Project: Booklet - UI Charter of Freedom (1942) [PAGE 34]

Caption: Booklet - UI Charter of Freedom (1942)
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33 immediate, within the rule approved in Truax v. Raich, Truax v. Corrigan and Terrace v. Thompson, supra, and many other cases where injunctions have issued to protect the business enterprises against interference with the freedom of patrons or customers." (Citing cases.) An educational institution, created by legislative act and holding property in trust for educational or religious purposes, such as the University of Illinois, is entitled to the protection of the due process clause. (Jones v. Vermont Asbestos Corp. (Vermont, 1936), 182 Atl. 291, 297; Nelson v. Garland (Pa. Super., 1936», 187 Atl. 316, 320; New Orleans v. N. 0. Water Works Co., 142 U. S. 79, 91. Speaking of municipal corporations, Chancellor Kent says: "They may be empowered to take or hold private property for municipal uses and such property is invested with the security of other private rights." [Com., Ill, 275.] The essentials of due process are well understood. They are notice, opportunity to be heard, an impartial tribunal, and an orderly course of procedure. (Truax v. Corrigan, 257 U. S. 312, 322.) In this case Chief Justice Taft laid down some of the requirements of due process, paraphrasing in part, but not improving upon the famous statement of Daniel Webster on the same subject: "The due process clause requires t h a t every man shall have the protection of his day in court, and the benefit of the general law, a law which hears before it condemns, which proceeds not arbitrarily or capriciously, but upon inquiry, and renders judgment only after trial, so that every citizen shall hold his life, liberty, property and immunities under the protection of the general laws which govern society."