Daniel Webster, Class of 1801, may be rolling over in his grave.
If a bill to be introduced by New Hampshire state Rep. Maureen Mooney, R-Merrimack, comes to fruition, Dartmouth could have to cede some control of its charter to the state. This is the most significant attempt by the state to involve itself in College governance since Webster's famous case in 1819 and is connected to the ongoing rift between Dartmouth and some alumni, which came to a head earlier this month when the Association of Alumni filed suit against the College.
The potential bill concerns a 2003 New Hampshire law that gave Dartmouth full control over its charter, stripping the state of any right to amend it. King George III granted the charter in 1769 and made the College president and trustees responsible for the functioning of the institution.
The 2003 law affirmed the famous 1819 U.S. Supreme Court case Dartmouth College v. Woodward, in which Webster successfully argued that New Hampshire's attempt at the time to reinstate the College's deposed president was unconstitutional. Chief Justice John Marshall ruled that the royal charter originally granted to the College is a contract and, therefore, carries the force of law. Marshall cited Article 1, Section 10 of the U.S. Constitution, which states that no state may pass any "law impairing the obligation of contracts."
Mooney's proposal is currently in the form of a legislative service request, which is the first step a legislator takes to introduce a bill.
"My bill is still in the drafting stage, which means that the language is still being finalized," Mooney said. "I still have the option of withdrawing it. I still can look for co-sponsors."
The potential bill's content is not presently available to the public. The legislative service request refers to the bill as "relative to amending the charter of Dartmouth College."
"It would likely do two things," Mooney said. "It would reexamine the 2003 law, and by doing that, it would likely be an effort to repeal that law."
Mooney explained that she is considering sponsoring the bill because of the recent governance changes at the College.
The Board of Trustees decided in a Sept. 8 resolution to add eight charter trustee seats, which means that less than one-third of the Board will be elected by alumni. The resolution followed a series of elections that saw the triumph of four candidates elected by petition, rather than by nomination by the Association. These four trustees -- T.J. Rodgers '70, Peter Robinson '79, Todd Zywicki '88 and Stephen Smith '88 -- all campaigned with promises of change and were outspokenly critical of the College.
The lawsuit filed this month was an attempt to prevent the College from implementing the governance reforms.
During Homecoming weekend, several alumni handed out stickers criticizing the reforms and placed signs with similar messages on roads leading to the College.
"As I see it, Dartmouth is a real different case than most," Mooney said. "It is a very historic institution that was around even before New Hampshire and I want to be sure that the alumni of Dartmouth College feel that its history is being adequately preserved and maintained."
Mooney said that the introduction of her bill stems in part from conversations with several of the College's alumni, whose names she refused to disclose.
"Some alumni, who I know, feel that [the charter] is not adequate in terms of getting alumni members on Dartmouth's Board of trustees," she said.
The bill serves to affirm tradition in the state -- not to interfere in Dartmouth's "inner politics," Mooney said.
"I think what is important to remember is that first of all as an elected official in New Hampshire it is my public duty to assure that we preserve tradition and assure that all in New Hampshire are being treated fairly," Mooney said. "From several discussions I have had with Dartmouth alumni, it is clear that this has not been going on since the 2003 law was passed."
The passage of the bill is complicated by its need to be signed by Democratic Governor John Lynch, who is an ex-officio member of Dartmouth's Board. Both the governor's office and Dartmouth's general counsel refused to comment on the bill on the grounds that its text is not yet available.
