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 81]

Caption: Booklet - UI Charter of Freedom (1942)
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80

through the European continent and sought by scholai from almost every part of the world maintained their gi atness only as long as they were left free fr m arbitrary interference by the executive. Ante dating St. Patrick, flourishing after his advent, it became the inglorious destiny of Cromwell to administer the coup dc grace to them. I The Hedge Schools of Ireland, Dowling, passim; Lecky, History of Ireland passim. We repeat again that it is no mere coincidence that the charter of the University of Illinois contains language in many respects identical with that of the charters of the Universities of Oxford and Cambridge, such as "to sue and be sued, plead and be impleaded/' words of well known and technical legal meaning, importing the utmost liberty of action, as ancient as the law itself. The power granted is an illusory power without the attendant right of counsel in the premises. Revealing is the fact that when the University in 1867 was given the power to "sue and be sued, plead and be impleaded, " there was no constitutional office of Attorney General and no State Official charged with the duty of defending it! Concerning the claim of the present Attorney General that he is the exclusive legal adviser of the University, it appears to us to be of controlling importance that in 1867 when the University teas created and given the power to sue and subjected to liability to suits there teas no public officer in the State ('hose duty it was to defend if, and it would be left def> iseless unl it had the power to name its oi n counsel. Revealing also is the fact t h a t in the first suit brought in this court against this Vnivei it was represented by counsel of its own choosim

Thomas v. J mrd of TnuU $, 71 111. 310 (1874 .) Do

not these incontrovertible facts conclusively reveal the public policy of Illinois that the University shall have