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Caption: Booklet - UI Charter of Freedom (1942)
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59 VI. The onlversitj is a public corporation with extensive governmental and proprietary powers, such as the power "to sue and be sued, plead and be impleaded," acquire and transfer property, create trusts, issue bonds, and to formulate and carry out an extensive educational program with comprehensive disciplinary or police authority over both faculty and students. It is a legal entity separate and apart from the State. It has the right to employ its own counsel as an incident to its corporate life, and essential in the execution of powers expressly granted. Under the statute of its creation in 1867 (111. R. S., 1941. C. 144. Sec. 22. ff.) it is provided that the University "shall have perpetual succession, have power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to acquire, hold and convey real and personal property; to have and use a common seal, and to alter the same at pleasure; to make and establish by-laws and to alter or repeal the same as they shall deem necessary for the management or government, in all its various departments and relations." Observe that these are broad, sweeping, comprehensive powers. Can it be said that a corporation, public or private, granted powers of this character, is denied the right to employ its own counsel? Under statutes giving a town the power to "provide for the institution, defense or disposition of suits at law or in equity," which is in substance the power "to sue or be sued, to plead and be impleaded," the power to employ counsel is clearly implied. (Cooper v. Dclavan, 61 HI- 96 (1871) ; Town v. Thomas, 82 111. 259 (18761 ; Town V. Pat ton, 94 111. 65 (1879) ; Town of Bruce v. Dickey, 116 111. 527, 533; Culver v. Village, 4
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