The New Hampshire House of Representatives voted to reject legislation that would have allowed the state control over changes Dartmouth makes to its charter on Wednesday.
The bill came before the full House following its Feb. 12 rejection by the Commerce Committee, which found the bill "inexpedient to legislate."
In New Hampshire, all bills must appear before the full House. The Commerce Committee's decision made it unlikely the bill would become law.
Rep. Maureen Mooney, R-Hillsborough, has said in past interviews with The Dartmouth that she introduced the bill at the urging of several alumni who are upset about recent governance changes at the College. She said she reserved the right to "try again in another session."
The controversy surrounding Mooney's bill dates back to the storied 1819 case of Dartmouth v. Woodward. In that case, Dartmouth Class of 1801 alumnus Daniel Webster successfully argued that the state's attempt in 1816 to change the College into a state university was unconstitutional, citing the contract clause of the U.S. Constitution. The state, it was decided, could not alter Dartmouth's charter without the College's agreement.
"Nearly 200 years ago, in the famous 'Dartmouth College Case,' Daniel Webster argued passionately and successfully before the U.S. Supreme Court that private colleges should be allowed to pursue their educational mission free of political interference," Dartmouth general counsel Robert Donin said in a statement. "The Legislature's rejection of this bill strongly re-affirms that principle and is an important victory that will help protect the College's governance from inappropriate outside influence."
Similarly, Mooney's bill sought to repeal a 2003 law that granted the College the right to amend its charter without the state's involvement, as long as the governor served as an ex-officio member on Dartmouth's Board of Trustees.
If passed, the bill would have required the College to seek approval from the state before implementing anything similar to this fall's governance changes, which included the addition of eight new members to the Board of Trustees.
"Dartmouth is pleased that the House of Representatives has rejected House Bill 1292," Donin said. "This bill would have set a dangerous precedent threatening not only Dartmouth's academic freedom, but the autonomy of every private, non-profit organization in New Hampshire."
