xt7sxk84nj8k_97 https://exploreuk.uky.edu/dips/xt7sxk84nj8k/data/mets.xml https://exploreuk.uky.edu/dips/xt7sxk84nj8k/data/L2021ua019.dao.xml Kentucky University 18.26 Cubic Feet 32 document boxes, 5 flat boxes, 21 bound volumes archival material L2021ua019 English University of Kentucky Property rights reside with Transylvania University.  The University of Kentucky holds the copyright for materials created in the course of business by University of Kentucky employees. Copyright for all other materials has not been assigned to the University of Kentucky.  For information about permission to reproduce or publish, please contact the Special Collections Research Center.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Transylvania University Library. Record Group 5:  Collection on Kentucky University Report of the proceedings of the Board of Curators of Kentucky University at a called meeting held in Morrison College text Report of the proceedings of the Board of Curators of Kentucky University at a called meeting held in Morrison College 2024 https://exploreuk.uky.edu/dips/xt7sxk84nj8k/data/L2021ua019/Box_5_22/Folder_2/Multipage4656.pdf 1873 September 16-18 1873 1873 September 16-18 section false xt7sxk84nj8k_97 xt7sxk84nj8k REPORT OF THE PROCEEDINGS

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KENTUCKY UN IV ERSITY

AT A CALLED MEETING

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BE EEL D ].N M 0 152; 1:11 I S 0 N G 0 L L 13: Gr ~ 50

IN THE CITY OF max1N(2:~1_‘<.)N’,

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Sept-enlber 16th, 17th and 18th3 1878..

RHP(,)R'I‘§CD EV R'EC‘I:LIU\’I) J- ()"IVIAHUN‘J.
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LEXINGTON:
0311,17 LEXINGTON PRESS Flu-NT.

 

  

-, TC) THE PUBLIC. M . - 5g .

 

The following Report of the Proceedings of the Board of Curators of Kentucky waiver-
sity, held in this city on the 116th of September and two following days, is, with a flaw neces—
sary and verbal corrections, the same as that published in the Lexington Press. The (trig-inn}
Call for the Meeting, the Ayes and Noes on the question of Prof. MCGARVEY’S Removals, and
a Certificate of the County Clerk read by Prof. MCGARVEY in the course of his argument be-
Io’re the Board and omitted in the Press, have been added in their proper places to make the

Report more complete.
‘ RICH’D J. O’MAHONY,
LEXVIWNGTON, KY., Sépt. 21, 1873. ’ Refofiérfm’ tlz’e Press.

9

Entered according to Act of Congress, in the year 1873, by
PRESS PRINTING COMPANY,‘

In the Clerk’s Office of the District Court of the United States,
in and for the District of Kentucky.

 

  

 

srrosr or Procssnmss

 

The meet ing was called to order by Hon.
’14. F. Smith, iding'. Therol—l was called,
showing the ollowing members to be present:
Messrs. J. B. Bowman, John G. Allen, Ben-
jamin Grate, Andrew Steele, Jose h Watson,
D. S. Goodloe, G. W. Elly, ‘ A. . Bowman,
G. T. W'orthin ton, Jose 11 Smith, W. S.
\Villiams,'A. G. emdon, . J .- White, B. C.
Rickets, B. B. Groom, John Shackleford, Z.
F. Smith, J. P. Torbitt, W. T. Withers, Enos
Campbell, L. B. Wilkes, Z. M. Sherle , S. M.
\Ving, Horace Miller, M. E. Rogers, andon
,A. homas, James G. Kinnaird; James
Crutcher, George G. White, A. M. Barnes, R
M Grano. '

The minutes of the last meeting were, on
motion, adopted without reading. "

CALL on THE columns or KEN‘EUCKY UNI-
’ vsnsrrr. '
CINCINNATI, August 11, 1873.

J08. L. Wooéfbllr, Secretary. Board of. Quantum,

Lexington, Ky. .

DEAR SIR—«Messrs. Withers, Elley, Rick-
etts,‘ Gano and Steele, have made a written
request of me to call a special meeting of the
Curators of Kentucky University; and, as
Chairman of the Board, it becomes my duty
to do so, Itherefore authorize you to call
the Board together in extra session, to meet
at Morrison College, in the city of Lexington,
on Tuesday, September 16th, at 2 o’clock,
'9. EL, to take such action as they may think
best in regard to the action of the Executive
Committee in the suspension or removal
of Prof. J. \V. MoGarvey, and to transact
every and all business that may come before
them that they may consider important for
the future welfare of the institution.

Respectfully, H. M. BISHOP.
To east Creator—(naming him):

DEAR SIR—‘You are res ectfully invite-d to
attend. J as. . WooLronK,
Secretary Board of Curators Kentucky Uni-

versity.

The calfor the meeting having been read,
the meeting proceeded to business.

W . T. Withers moved that the session of
the Board, while on the subject of the sus~
pension of Mr. J. W. McGarvey, be open.

r. Jos. Smith moved to substitute, by

Initing the privilege to members of the press.

The substitute was withdrawn, and the

original motionmodified seas to ‘ extend the
privilege until withdrawn, was

It Was moved and seconded that the pro-
ceedings of the Fhrecutive Committée, since
the last meeting of the Board, be now read.

Mr. Bowman objected that the call was
made for a ‘ ific purpose, and that it would

be out ofro er to discuss other matters. He
mOVed therefore a substitute that the articles
of the call be taken up aiid acted upon.

Bro. Rickets maintained that the meeting
was called to consider all the interests of the
University in its present status.

Regent Bowman insisted that the meeting
was called for a specific purpose and that the
by-laws luded them from going into all
the details of the business transactions of the
Board since the last meeting- Such a- course
would unnecessarily consumo time.

Curator Withers stated that the call issued
by President Bishop was difi'erent from that
read by the Regent. ‘ - -

Regent Bowman said he recognized no call
but that which he had received: and the sec-
tions of which he desired to take upseriatum.

Curator Thomas supported the substitute,
saying that it would be unreasonable togo into
all the business of the Executive Committee.

Curator Rickets was sorry that the discus-
sion had taken such a turn, it looked suspici—
ons and implied that the Committee had trams-
acted business which it was not desired for
the Board to know.

Re ent Bowman said, warmly, that he had
state his reason for offering the substitute,
but now that a suggestion had been made by
Bro. Rickets he was in favor of the whole
proceedings being read at the proper time.

The substitute was adopted by a vote
twenty to thirteen.

The vote on the substitute was considered a
test vote upon the matter uppermost in the
minds of the Curators.

On motion of Regent Bowman the pro-
ceedings of the Executive Committee in
reference to the removal of Prof. McGar-
vey, were ordered to be read. '

Dr. Jos. Smith read the proceedings,settin.g
forth a resolution asking peremptorily for J.
W. McGarvey’s resignation.

Mr. McGarvey’s reply to the same, refusing .
to resign, and asking for specific reasons for
the action re uired of him. In the next let—
ter that Mr. 'IcGarvey addressed to the com-

 

  

 

<4.)

mittee, he put sundry questions in regard to
the legitimacy of the action of the commitee,
and as to whether an personal charges were
made against him. ll’he reply of the com-

 

mittee assured Mr. McGarvey that nothing
personally derogatory-i, was at ‘""” "its was

charged, and that these'fwas’nomsg-“onanti:-
records affecting his character.

Mr. McGarvey replied that the fact of his
resignation was a reflection upon his charace
ter, and denying that he was one of those who
could not work in peace and harmony with
his fellows. He argued that it was singular
thata man should bfifielected asa sacrifice on

- the altarof, =P§aQB ,whsthadunot broken the
peace in the past. ”He was , sarcastic} on the
emphasis which theBoarddaid 1113911». having
nothing on their :zecprdsaagainsthim; holding
that they , drew a mice distinction. between
what was on their records andwhat was in
their minds. :He maintained that his resig-
nation would notrestore peace and harmony
to the troubled councils of the University,
but would rather increase them. He, there-
fore, declined to resign. ,

Tan, ACTION TAKEN.

Upon the reception of this letter the com-
mittee met and passed resolutions suspending
Mr. McGarvey’s connection with the Univer-
sity. , . . ,

Mr. McGarvey wrote to ascertain what was

the precise meaning of the resolution, and on
what authority it was based. The committee

deemed a reply unnecessary. ,

Mr. McGarvey wrote again denying the
, power of the Executive Board to remove him,
and claiming all his rights and privileges as
a professor under the charter, and promising
to be on hand at the opening of the session,
if alive and well. , .

The committee asssembled, and, after a
whereas, declared Professor McGarvey. dis-
missed from his position in the University,
altnd having no connection with the Bible Col-

ege. . '

Curator Withers, after the reading. of the
correspondence, stated that he was one of the
seven who had signed the call for the meet-
ing. He desired to take up the sections as
ordered; and to come at once to the matter,
hewould present the follOwing resolution:

Ptesolced, That the action'of-the Executive
Committee in assuming to dismiss Prof. J. W.
McGarvey was unauthorized by the charter of
the University, and is a direct violation of its
provisions, and is therefore void and of no ef~
feet.

Curator Withers then said that they had
met together upon a very important occasion,
and upon the action taken now would de-
pend, perhaps, the future success of the Uni-

versity. He, therefore, presented the resolu-
tion as a simple question of law. The question
was one which could be settled by the charter
and laws of the University. He maintained
that the Executive Committee was absolutely
without power to remove Prof. McGarvey or

any other professor, and held that he was susw

taincd in this View by the statute which was
the organic law of the institution. Quoting
from the law he said, “None but a majority of
the whole Board of , Curators had the power
to remove aoféssor, for snflicient cause.” A
quorum of’ ‘ni‘de‘"*'iiiémbers of the Board, he
showed, was denied such an important power.

How, then, he asked, can a committee of five

menhave that extraordinary authority? If
they have power to touch a single professor,
to remove a sin Is one, they can, on the very
day after the a journment of the Board, re—
mOve every professor and reorganize the ‘in—
stitution upon any basis they may see proper
toadoptg He. hoped that. the Board would
consider that he was arguing the’ questibn
without prejudice and without passion, and
asa naked legal question. ‘ He “maintained
thatthe professor had, rightswhich should
be regarded. When he became a profeSsor
he resigned a position in. the outside world
and forsook its turmoils and its troubles, and
devoted himself to the interests of his professm
or‘s chair. .He sacrificed much, and it would
not do that his tenure of office should be at
the mercy of four or five individuals. A
proper regard for his interests, if even the
charter was 'notvspecific 0n the subject, re—
quired that the same power only which
elected a professor could remove him, viz: a
majority of the Board of Curators. The Ex—
ecutive Committee had. power to transact all
ordinary business in the intervals between
the sessions of the Board, but the removal of
professors was not part of the power delegated
to them; the Board by its by-laws reserved
that power, to itself.

Mr. Withers concluded by stating that he
was supported in his views by the law faculty
of the University, he having obtained the
opinion from Hon. J as. 0. Harrison, con-
curred in by Hon. M. C. Johnson, and the
written opinion was now in the ossession of
the Regent. He took it that the ard would
be willing to act in accordance with the opin-
ion of the highest legal authority of the Uni—
versity, that faculty which the Board had put
forward to teach the youth of this State the
science of law. *

Curator Williams said he did not wish to
make as lengthy a speech as Curator W 1thers.
He confessed his surprise at the course which
that gentleman had taken. Had he been. the
professor concerned, he should have been
thankful if the legal oints discussed had not
been raised. The card might very well
come to the conclusion that the Executive
Committee had transcended its powers, but
that would not affect the question as to

whether the professor had not been guilty of

a course of c onduct highly censnrahle. The
Executive Committee never claimed to usurp
the authority of the Board. What the gen-
tleman had advanced on that oint was comm
mon law and common sense. ut the ques—
tion was whether the committee. coxxldsz’xspeirl

 

 

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den, and he maintained that the Executive
Board had the power to transact all the busi~
nessof _ the Board ad interim, €0,113“ force and
effect when ratified, by , the General'f-Bbard cf
Curators. The action. of the Executive Board
was a temporary thin , subject to: the actiOn
of the whole Board "evenrtured to say that
Prof. J as. 0. Harrisonin that. Written Opinion
referred to, did. not dweuse the removal of. a.
professor pro tam. They shOuld be careful
not to get involved upon, these law points.
The Board could either reverse or confirm
the action of the committee, and the matter
would be at an end. ‘ ' '

The Board had been called together year
after year in extra session, and peace Cum-
mittees had been appointed, and with what
\efi‘ect? ~ Completerailure. And at ' length
the conclusion was arrived at that one or
other of the parties causing the discussion
should get out of the University. - Time was
precious. He wahted to present a substitute
for the motion which would bring the matter
to a test immediately.

WHEREAS, The Board of Curators, having
used allvreasonable measures to adjust differ—
ences among, and to harmonize in cordial re—
lationsand co-operation, the officers and the
members of the Faculties of Kentucky Uni-
versity, and having declared at its meeting,
in June last, that “If there is anyone who
cannot work in peace and harmony with his
fellows in the Board, resignation would do
honor to the head and heart of such a one,”
thus emphatically expressing a wish that any
official disturbing the future harmony and
peace of the institution should resign or be
separated from further official relationship
with the University; and,

Whereas, That Tutor E. Smith and Pro—
fessor J. W. McGarvey did, in' disregard of
the expressed wish of the Board, publish ar-
ticles improper and intemperate in their
character, and calculated to reopen questions
of strife and discord;,and, ,

Whereas, Tutor Smith, on suggestion of
several members of the Executive Committee
and the Board, did tender his resignation,
which was accepted by the Executive Com-
mittee, whose action is hereby approved; and,

Whereas, The Executive Committee did
courteously and kindly request Professor Mc-
Garvey, for the sake of the peace and harmo-
ny of the institution, to resign his professor-
ship in Kentucky University, which he de-
clined to do; therefore,

Resolved, That J. W. McGarvey may be,

i and is hereby, removed from his professorship
in Kentucky University, and that the chair
formerly filled byhim be declared vacant.

Curator Wilkes thought that it would be
conceded that the Board should give some
decided expression of opinion upon the action
of the ExecutivejCommittee, that its powers
in the matter in controversy .might be ac-
curately defined. It is conceded that the

Executive Committee had exceeded its an,-
thOrity. ' ‘ - . .

Curator'Williams, explaining, said it was
not conceded that: the committee had not the
power to.suspend,?hut had hot the putter to
removepermanently. .

Cm‘ator Withe- said that he had understood
the gentleman." He flieldthat the committee
dismissed the professor altogether from eon-
neetion‘ with the Bible College, contrary to
law. , :He was in favor of a full‘an'd: free in-
vestigation of= the'charges against. the profes—
sor. That gentleman. was in favor of it him-
self; if he .was not, then he Would be un-
worthy to. hold the position from which he
has been removed. He hoped that. the sub—
stitute would be withdrawn and the original
motion be voted upon first.

Curator Enos Campbell asked what power
could remove a. professbr who had been guilty
of some heinous ofi‘enseagainst morality. Ac-
cording to the legal argument he had heard
from Curator Withers there was no power .in
Lexington to removehim.

Curator Allen rose to a point of order. He
claimed that the discussion was out of order.
They had beenconvened to take action upon
the course adopted by the Executive Com-
mittee in reference: to the suspension or re-
moval of Prof. J. W. McGarvey. Mr. Allen
maintained that his point of order was well
taken. . ‘

Regent Bowman asked 1' f the object of Curav
tor Williamsin offering his substitute was to
out 01f discussion.

Curator Williams denied that that was his
object.

Regent Bowman wanted to make an expla—
nation in reference to a legal opinion alluded
to as in his possession.

He was decided out of order.

Curator Rickets held that the adoption of
the substitute would cut off all investigation.
He said that the interests of the Christian
Church were involved, and if two-thirds of
the members present were not of that church
then all their acts would be null and void.

Curator Allen insisted upon his point of
order. He wanted a full, fair and impartial
investigation. -

President Z. F. Smith rendered his decis—
ion against the point of order.

Curator Allen appealed from the decision of
the chair.

In the progress of the vote Curator Elley
made the point that the Executive Committee
had no right to vote on the question.

The chair decided Bro. Elley out of order.
He sat down saying: “Nice thing indeed.”

The decision of the chair was sustained by
a vote of 19 to 13.

Curator Wilkes then moved that the sub-
stitute be laid on the table. The motion was
lost-by a vote of 14 to 19.

Regent Bowman arose to discuss the sub-
stitute. It had been said that he held a doc~
ument, being a legal opinion condeming the

 

  

(6)

action of the Executive Committee. He had
nothing of the kind in his ssion. Mr.
J as. 0. Harrison had been as ed'foranopin-
ion. He gave it without having: the law or
the charter before him, and. it related to the
permanent effect of the action of the Board.
But he had the legalwritten‘o inions'of other
legal: 'gentlemen-Hon. B.’A. uckner, G. B.
Kinkead, Messrs. Breckinridge & Buckner
and others sustaining the ad immam action of
the committee. “.3!

Curator Withers asked if the opinions were
not all against the action of the Executive
Committee? . ' '

Regent Bowman answered that they were
against the action of the committee as a
finality, but not ad interim.

A motion was then made to adjourn to 7
o’clock.

An amendment was ofi'ered to meet to—mor-
row morning at 9 o’clock.

The amendment was defeated.

The motion to adjourn was then carried.

 

l
2

 

EVENING SESSION.

After the opening of the session with prayer,
Curator \Villiams, of Harrodsburg, moved
that the Board adjourn from the board-room,
small and ill-ventilated, to the chapel of the
University; ‘

This was opposed by Curator R. P. Miller,
who moved to go into executive session.

[There were many ladies present at this
time, and if the last motion prevailed they
would have to leave.]

Regent Bowman moved to amend by ex-
cepting the members of the press from the
action of ' the resolution.

Bro. Elley warmly opposed the motion to
exclude the public. He was supported by
Col. Withers.

The motion to go into executive session
was carried and the ladies present walked
out.

Curator Withers moved to invite the donors
to remain. .

This motiOn was carried by a vote of 23 to
1.1.

The members of the Faculties of the Uni-
versity were then invited to remain. Carried.

It was then moved that all present, and
those who had left, he invited to remain.
Carried. [Great laughter.]

Some of the gentlemen were then requested
to go for the ladies who had left and induce
them, if possible, to return.

A motion was then made to adjourn to the
chapel. Carried.

Dr. J 0s. Smith then announced that there
were no means of lighting the chapel.

A motion was made to adjourn ti118 o’clock
next morning. Lost.

The meeting proceeded tobusiness.

The minutes of the afternoon session were
read and approved.

The question being upon the motion of

Gen. Withers and the substitute of Curator
Williams, '

Curator Elley said he desired toexpress his-
mind upon the subject. He had not, he said,
in the ordinary course of events, a right to
expect to live another year, and therefore he
wished to deliver himself freely on the sub—
ject. He succeeded in accomplishing the feat.

with ahand presentation. He went for the .
Regent and members of the Executive Com-i '

mittee, whom he charged with having violated
the law—their action was a positive violation
of the law, he said.

Mr. Benj. Gratz said earnestly that he had
no hand or part in violating the law.

Brother Elley only intended his language
to mean that he Imew the law. ,

Curator Campbell objected to the language.

The chair said Curator Elley had used lan-
guage which, in all probability, he did not
mean. _ _

Brother Elley—I meant every word of it.

Chair—You do not intend to be personal.

Brother Elley only meant what he said in,
a Pickwickian sense. He proceeded to argue
the question. He said that it was public ru-
mor that the Regent had made it a square
issue; that either he or McGarvey should go
out. “I wish to God!” he exclaimed, “that.
he (meaning the Regent) had gone out, and.
the Executive Board with him.”

He was called to order.

Brother Elley—‘Nell, if I’m out of ‘ order,
I’ll try it again.

It was not for the sake of harmony in the
institution, but for the sake of harmony in
the Executive Board that this action was-
taken in regard to Professor McGarvey.

He had a further statement to make. He
learned from Curator Woolfolk that the insti-
tution was out of funds and in debt to Mr.
Sayre, the banker, for $6,000 for salaries of'
professors, and Mr. Woolfolk had offered to-

ay the salaries for a year himself, if Prof.

cGarve were allowed to remain. It was

also said r. Smith charged that Prof. Mc~
Garvey did not teach the truth. [Dr. Smith
said it was not true.] He ridiculed the idea
of Prof. McGarvey’s conspiracy against the
Regent. If it was treason to wish the removal
of the Regent, then he Elley was guilty of
treason, and over a bun red c urches in Ken»
tucky were treasonably conspired against him,
for they wanted his removal, and nothing else-
would satisfy them or restore harmony to the
institution.

He charged that the committee only exist-
ed to registerthe edicts of the Regent, who'-
cunnin 1y avoided the meetin s of the Board
when in. McGarvey was iscussed. He
charged that some of the members of the Ex—
ecutive Committee were prejudiced against
Mr. McGarvey.

Mr. Gratz—I wish you would name them.

Mr. Elley—Well, sir, I name you.

Mr. Grate—I deny it, sir. I never treated

 

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Mr. McGar-vey in any other way than as a
gentleman. - . p .

Mr. Elley—Yes, and. you would treat every-
body else in the same way. , ,

Brother Elley proceeded to excoriate the-

Regent, and the Board and Tutor Smith. 'He
maintained that the action of the Board was
an usurpation. Mr. Elley abused “the
newspapers for not giving him and his friends

fair play,‘a'nd spoke of the Cincinnati Gazette.

as never giving anybody fair play. ,

Brother Elley, during his speech, charged
that the Chairman, Z. F. Smith, had said he
would treat the petitions of the churches as
he would the demands of a mob.

Mr. Z. F. Smith—I emphatically deny it. '

Brother Elley said he had it on the word
of . a gentleman who wrote to him.

Mr. Smith explained what he had said, but
did not satisfy Bro. Elly. He concluded by ask-
ing the Regent to step out of his oflice as he
was disturbing the peace of the church, and
was an element of discord in the University.

Curator Worthington moved to amend the
substitute of Curator Williams by striking
out the word formerly filled, and insert the
word new filled.

' Curator Williams refused to accept the
amendment. '

Curator Campbell thought it was an at-
tempt to condemn the committee in a round-
about way.

Curator Wilkes thought the point was a
very important one. He maintained that the
professor was not legally removed from his
position in the Bible College. .

After a rambling discussion, without com-
ing to a- decision, the meeting adjourned to
next morning at 81.» o’clock.

Second Day’s Proceedings.

The Board was opened with prayer by Rev.
(‘3‘. C. Ricketts.

On motion it was resolved to have closed
doors, excepting members of the press and
Prof. McGarvey. Reading of minutes dis—
pensed with. A motion was made that the
speeches be confined to ten minutes, and 0p-
posed by Curator Rickets. Prof. McGarvev
desired to be heard, and that there would be
no limit put upon the time necessary.

Mr. R. J. White, of Madison, thought that
in order to a full, fair hearing, Prof. McGar-
vey should be heard at length.

Mr. Wilkes thought that the question be-
fore the meeting was a vital one, and should
not be disposed of without due consideration.
If the institution does not stand in the affec-
tions of the people, it should not stand at all,
because under such circumstances it cannot
stand to any purpose. Mr. Wilkes did not
think it right to limit the speeches, as
such a course would look as if it were not
desired to give a fair hearing.

The amendment by Mr. Wilkes in refer-
ence to limitation, that three on each side be

heard without limit, was lost, the vote for the
amendment being 11, and those against 23.

, A requestjwas; presented asking for admis-
sion from, a number of donors to the institu-
tion. *The request was denied—the vote .be-
ing taken. . " . 7 .

The debate on the words now, and formerly,
to the latter of which, offense; was taken by
the friends of Prof. McGarvey,,was resumed.
The. vote being taken as to whether the word
formerly should be struck out, the result
stood thus, for, 11; against, 22. .

A good many suggestions and some quib-
bling were made on this subject of change
of language, but the suggestions did not re-
sult in anything satisfactory.

. Landon A. Thomas - desired a vote on the
main question at Once.

, Mr. Rickets said that inasmuch as there
seemed to be a desire to .cut ofl‘ all discussion
and investigation, he would as soon take the
vote at once as not.

A by-law was introduced which seemed to
be in conflict with some steps which had been
taken, and Regent Bowman moved that the
by-law be suspended.

Col. Withers said that it could not be sus—

, pended.

Mr. Campbell said that the whole trouble
arose out of incompatibility of temper, and
that no 'charges had been made affecting Prof.
McGarvey’s character.

R. J. White, in common with another gen-
tleman, who preceded, thought it all wrong at
such a time, under such excitement as now
exists, to proceed in the present hurried man~
ner.

Col. Withers would not sweep aside a law
to let one man get at another. Col. Withers

, could have nothing to do with such a partial

proceeding. Col. Withers again and again con—
tended that the law should be adhered to; to
do otherwise would make every one look
upon the Board with contempt.

Dr. Smith did not think that the by-laws
should be suspended. -

The vote being taken as to the suspension,
of the by-laws, stood thus: For suspension,
12; against, 23.

THE CHARGES.

Prof. Williams thought that there could be
no doubt as to the ownership of Kentucky
University. The professor offered some re—
marks with a view to setting himself right be-
fore making some charges against Professor-
McGarvey. He then proceeded to read the
following document, being the defense of the
action of the Executive Committee:

To the Honorable the Board of Curators of It'cm
tacky University:

GENTLEMEN—The Executive Committee
to whom is delegated the authority to do,
ad interim, any and everything which the
Board itself might rightfully do, when in ses-
sion, provided their proceedings so far as may
relate to the legitimate business of the whole

 

  

(8)

toard, shall" not be consideredlinal unless
ithey be ratifiedkat the ne’ztt manager "the
‘Boardzeask leaves-to 'subrnit'tli‘elfoll ’wiiig'as

the, ground: in part; of their‘recéi‘it"_dictiondn
reference to. thesuspension digrem'oval of Pro-

fessor J. W. McGarvey:

The committee‘felt that, after the adjourn-

meat of the Boardin J une'last, thewm'k- of:
restoring peace and official harmonyin 'the__

University 'as far as this was passable, was;
b y three of circumst‘anCes, by the verynature‘
of their oflice,,anid~by the-action of the Board,

thrown on their hands; They felt, more0ver,

in view of all the facts in the case, and “the
complications of» a strife of several years,
duration, and especially-in view of the utter
failure of every i’efi‘ort on thepart of various
committees to establish peace, that the; Work
of properly preparing for theopenin'g of an-

other session Was‘ unusually delicate and‘dif9

ficult. Nevertheless, they resolved, with a
full purpose to do their whole duty to the, in—
stitution, to be guided by the clearly indiCated
policy of the Board, and by their own 'dispas-
sionate judgment as to what was necessary
and proper to be done. ‘

After due deliberation they were forced to
*the conclusion that the resignation of Prof.
J. W. McGarvey Would greatly prOmote the
desired harmony, and they accordingly re-
solved to request him, in kind and respectful
terms, voluntarily to tender his resignation.

They were influenced in this decision by
‘ the following considerations:

1. His well known want of sympathy with

the Regent, the chief officer of the Univer-

sity, in his educational work, and in his Vad-
ruinistrative policy, which work and policy
the Board have always approved.

2. His strong opposition to that officer, re.-
ported by the Committee on Griemnces long
known to the Executive Committee, and since
fully avowed by himself. ,

3. The want of proper co-operative har-
mony between himself and other instructors
in the University, produced, we have reason
to believe, by the course of Mr. McGarvey
himself.

4. His conduct as editor of the Times, im-
mediately after the adjournment of the Board
in June last, in publishing. articles concerning
the report of the Omnonittee on Gfeioances, be-
fore that report appeared; in which articles
he does Mr. Bowman great injustice, by pre-
senting him to the public as a false accuser of
his brethren, when Mr. McGarvey himself
had been Mr. Bowman’s accuser before the
Board.

The imperative necessity that one or the
other party to an irreconcilable difficulty in
any institution of learning should Withdraw
from the same, and the fact that the Board
had refused to allow the Regent to resign,
when he proffered to do so, left the Executive
Committee no alternative, save to invite the
resignation of Professor McGarvey.

Encouraged by their own "view of what was

right in the premiSes, and by the very earnest
and unanimous exhortation of , the Board: at
its meandering, gametes-Em allt’he
in this controversy, anti? ”to“ all"6th’ers-asw,_ ,
the, Efficififdéi Com sass ’resbliredftci address
Pafmrmeamy az‘re‘spectfni sate; asking
him forthesake ‘of’ge’a‘ce‘f and?” .. sow-in
the'iiqstitiitim, to ten ei‘liisresrgnation ‘ '
' 'Buitfii'iértliegdsfiitnitteehadmus meshed,
they concluded to delay the sending; of their
communication, in; the, hope that: when, the.
report of the»“Comniittee on, Gfieyanoesi’._had
been. given to the press”. Prefessor'Mchefs
course Would render the. regues't _ unnecessary.
They hoped that his editorial procedure at
least would been fair and generous and paci—
fic, especially toward his colleagues, that all
disturbances might be at last compomd,‘ or,
if he chose to proceed otherwise, that he
would'fe‘el it to ‘be his duty to resign without.
a1 suggestion from them, as we hoped he
would do after the action cf the Board.

'In all these expectations We were disa _-

 
  

pointed. The article in the Times of Ju y

the 3d, of which he is the acknowledged
author, destroyed all hope thatwe may have

had, that harmony could be restored, and the

interests of the University promoted, without
some action on the part of the Executive
committee. We accordingly sent him a letter
urging him to resign, and this we begged him
to do voluntarily, for pea