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· 3/15/1913

Board of Trustees of University v. Waugh

Citations

  • 105 Miss. 623
  • 62 So. 827

Syllabus

<p>1. Colleges and Universities. Students. Conditions on entrance. Laws 1912, chapter 177. Constitutional Law. Judicial power. Wisdom of legislation. Legislative powers. Presumption in favor of validity. Injunction. Bill. Titles and subjects of acts. Constitution 1890, sections 1 and 2. Constitution U. S. Amendment 14.</p> <p>Under Laws 1912, chapter 177, abolishing and prohibiting Greek letter fraternities and sororities and all secret orders among students in the University of Mississippi and all other educational institutions supported in whole, or in part, by the state, providing penalties for any trustee, teacher or other officer connected with the institution for failure or refusal to enforce the provisions of the act, providing penalty for any student who knowingly violates the provisions of the act, etc., the board of trustees ef the University of Mississippi had power to require a student as a condition precedent to his right to enter the University, to sign a pledge that he was not and would not become a member of any such order or fraternity or aid, abet, or encourage the organization thereof, would not apply for nor accept any scholarship or medal, or in any way be the beneficiary of any self-help fund, or accept any position in the University, if he violated such pledge, and would make it his purpose and endeavor to avoid violating either the letter or spirit of that act.</p> <p>2. Constitutional Law. Judicial power. Wisdom of legislation.</p> <p>Educational institutions of the state are under the control of the legislature and it has the' power to create, regulate or abolish them, and it is not within the power of the courts to supervise the wisdom of legislative acts and declare them unenforceable merely because it might be the view of the court that the act was unwise and unnecessary.</p> <p>3. Constitutional Law. Legislative powers. Presumptions in favor of validity.</p> <p>All acts of a legislature are valid unless they conflict with the Constituti

Judges: Mayes

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