university of illinois - UIHistories Project

19571 UNIVERSITY OF ILLINOIS I85
of Trustees of the University of Illinois, this being a suit seeking to enjoin the
University, the State Auditor of Public Accounts, and the State Treasurer from
expending any of the appropriations made to the University for the biennium of
1955-57 for the maintenance and operation of its television station for telecasting
of educational and other programs of public interest. There is also submitted a
press release issued by Counsel for the University on January 7, 1957, upon receipt
of notice of this decision.
SPRINGFIELD, III., JANUARY 5, 1957.
Mr. Montgomery S. Winning, Attorney at Law,
Springfield, III.
Mr. Ralph Lesemann, Attorney,
210 Administration Bldg. E
Urbana, III.
Hon. Latham Castle, Attorney General,
Springfield, III.
GENTLEMEN: In re Turkovich v. Bd of Trustees
U. of I. — No. 2335/54 Chan.
I have considered the voluminous briefs submitted by both the attorney for the
plaintiffs and the attorney for the defendants in connection with the evidence
produced on the trial of this case.
The issues to be determined by the court are as follows:
1. Is this a bona fide tax-payer suit?
2. Are the plaintiffs tax-payers entitled to maintain this suit?
3. Does the University of Illinois possess legal power and authority to maintain
and operate its educational television broadcasting station?
4. Does the 1955 appropriation act include appropriations for maintenance and
operation of the University's television broadcasting station?
5. Does the 1955 appropriation act meet all constitutional requirements and is
it a valid appropriation?
It is my opinion that the first two issues should be determined in favor of the
plaintiffs.
It is my opinion that under the law and the facts and the evidence adduced
that the University does possess legal power and authority to maintain and operate
its television broadcasting station.
It is my opinion that the 1955 appropriation act includes appropriations for
the maintenance and operation of this television broadcasting station; and further,
that the 1955 appropriation act meets all constitutional requirements and is valid.
I believe that the defendants have offered ample authority to sustain the
court's findings as to issues 3, 4 and 5.
A decree may be prepared in accordance with these findings, dismissing the
suit for want of equity.
Respectfully,
DE WITT S. CROW
Judge
This report was received for record.
The Secretary reported that the Circuit Court of Sangamon County
on January 15, 1957, entered a decree dismissing this suit, and that
counsel for the plaintiffs has indicated that an appeal will be taken to
the Supreme Court of Illinois. The University's Legal Counsel recommends
that the Board of Trustees authorize the employment of special
counsel to assist his office in the appeal proceedings, and he further
recommends that Mr. A. E. Jenner, Jr. and Mr. Prentice H. Marshall,
of the firm of Thompson, Raymond, Mayer, Jenner, and Bloomstein,
Chicago, be engaged for this special assignment.
On motion of Mr. Swain, employment of special counsel, as recommended,
was authorized.