Word: laws
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Dates: during 1880-1889
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...decision of Judge Sadler, though not at present in writing final as to the actual issuing of the mandamus against the faculty, which has not yet been done, may be considered as law relating to methods of trying offenders for breach of college discipline, until it may be neutralized by some other legal decision...
...understand it, the position taken is, substantially, college trials must be conducted with the same limitations upon the authorities as are laid upon court officials; positive evidence such as would hold good in law, as against testimony that would perhaps hold good in enforcing parental discipline, or in the regulation of the methods of employing and discharging employees of a store, factory or corporation, must be obtained before an accused student may be a judged guilty...
...indeed the validity of such testimony is by no means to be lightly regarded, except in the severe processes of law counts. Men are discharged from clerkship, from positions on rail-roads and numerous other corporations on much less weighty testimony than the average faculty considers necessary to the infliction of discipline upon refractory students. In fact, high authority may be found in favor of such testimony. The technicalities of law cannot be wisely admitted into the common relations of business and life. In regard to that which touches the courts so nearly as the regulation of police removals...
...insist on such evidence against a student as would stand only after passing through the mazy and fitful processes of law courts; if, as was remarked in our own recent trial, you are going to make the faculty not judges but mere jurymen, how in the name of common sense is the conviction of any student to be secured? You say, "take measures that will compel students to testify under penalty of expulsion." But to say nothing of the inquisitorial character of such a proceeding, two very serious difficulties stand in the way which the law escapes, and which...
First, in law the witnesses usually suborned are interested parties who volunteer their testimony, or are, if not interested themselves, summoned by those who are interested. In college, as we have intimated, under the present sentiment, volunteer testimony is out of the question and those usually most competent to testify are interested by reason of friendship for the parties accused and lack of sympathy with the authorities, and usually by reason of participation in the offence themselves. The most flagrant violations of college discipline are committed in secret and where all likely witnesses are sharers in the offence, not interested...