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Academic freedom is an extension of the concept of free speech; it is the idea that there should be no unreasonable limits on the search for knowledge.
Sifting and Winnowing: Academic Freedom and Ely Trial
by Harry Miller

Harry Miller is Senior Reference Archivist at the Wisconsin Historical Society.

It is called the University of Wisconsin’s Magna Carta and symbolizes "one of the defining events" of the University’s history. This is high praise for the message on a plaque affixed to Bascom Hall on the University of Wisconsin-Madison campus:

Whatever may be the limitations which trammel inquiry elsewhere, we believe that the great state University of Wisconsin should ever encourage that continual and fearless sifting and winnowing by which alone the truth can be found.

Richard Ely
Richard T. Ely, 1910. Wisconsin Historical Society, Whi (X3) 17722.

The statement is a ringing endorsement of academic freedom, one of the foundations of higher education in this country. Academic freedom is an extension of the concept of free speech; it is the idea that there should be no unreasonable limits on the search for knowledge. It asserts that teachers and students should be free to pursue the advancement of knowledge without fear of reprisal if others disagree with their approach or their findings. It is a timeless issue that, can take many forms, from moral conflicts over teaching evolution to current controversies over cloning and stem cell research.

The "sifting and winnowing" statement, as it is generally called, is part of a Board of Regents report that concluded one of the nation’s most celebrated academic freedom cases: the "trial" of Richard T. Ely.

Ely’s Academic Work
In 1894 Ely was Director of the University’s School of Economics, Politics and History. He was at the head of his profession, a leader whose expertise was recognized both in academic circles and by the social and governmental leaders of the day. He was not, however, without controversy. Ely’s main research interest was the labor movement and the economic and social problems that lead to violent labor unrest. Using reasoning that would become the core of Wisconsin’s progressive tradition, he believed that through studying and understanding both sides in these labor-management conflicts, economic peace that would benefit both labor and industry could be achieved.

From today’s perspective this seems like a logical and laudable goal for a social scientist, but it was not necessarily the case in the early 1890s. The country was in the throes of a serious depression, and strikes and incidents of labor-management violence seemed alarmingly frequent. The late 1880s and early 1890s saw numerous such cases: the famous "Haymarket Massacre," where a bomb thrown by alleged anarchists claimed the lives of seven Chicago police officers; the "Homestead Massacre," a gun battle between Pinkerton detectives and strikers at a Carnegie steel plant that also took seven lives; and the violent Pullman railroad strike, which was put down by federal troops. These events helped create a climate of fear in significant segments of the population.

Dan O'Herlihy and Marsha Hunt portray the Elys.
The Ely trial was dramatized on "Profiles in Courage," the 1960s television series based on the book by John F. Kennedy. Here, as captioned by NBC, "Dan O'Herlihy as Prof. Richard T. Ely and Marsha Hunt as his wife, await the decision of a committee that will affect his future career." Playing Oliver E. Wells in the episode was Edward Asner, later television's "Lou Grant." Leonard Nimoy of "Star Trek" fame was also in the cast.

Accusations of Perfidy
In this climate Oliver E. Wells, Wisconsin’s State Superintendent of Public Instruction and a member of the Board of Regents, charged that Ely’s teaching and writings provided moral justification for attacks on life and property. Wells chose a national forum to make his charges. In a letter to the editor of The Nation magazine, titled "The College Anarchist," Wells charged that the professor believed in strikes and boycotts. He claimed Ely had advised an outside strike organizer during a Madison printers’ strike, and had demanded the unionization of the shop where he did business. "In conversation … he [Ely] asserted that where a skilled workman was needed, a dirty, dissipated, unmarried, unreliable, and unskilled tramp, if a union man, should be employed in preference to an industrious, skillful, trustworthy non-union man who is the head of a family." Moreover, Wells alleged that Ely’s writings and teaching contained "utopian, impractical, or pernicious doctrines" that promoted radical social unrest.

Two days later the letter was reprinted in the New York Evening Post, and the next issue of The Nation followed up with an anti-Ely editorial speculating that he would soon be forced to resign. Newspapers around the country picked up the story, making it both a national and a local issue.

In Madison Ely felt under attack. In his autobiography he wrote, "my only feeling was one of intense indignation at the injustice which had been done me. I felt that my career … was being threatened. I realized that all my hopes and ambitions to play a significant role in the educational history of the country were in danger. . ." He considered ignoring the attack in hopes that the furor would dissipate on its own, or suing Wells for libel. The matter, however, was taken out of his hands when the Board of Regents decided to form an investigating committee and hold hearings on Wells’s charges.

The Accusations Refuted
The period between the July 12 publication of Wells’s letter and the convening of the hearings on Aug. 20 was filled with charges, counter charges, and behind- the- scenes wrangling. Ely wrote Wisconsin State Journal editor Amos P. Wilder, "Mr. Wells’ letter contains nothing but lies." Wilder responded that while he personally sympathized with Ely, he could not do so editorially due to the views of the newspaper’s owner. Former Ely student and future University of Illinois president David Kinley coordinated Ely’s defense. In mid-August he wrote Ely, "we have Mr. Wells in a nice little hole of his own digging. It remains for you [Ely] to bury him — and you can."

The hearings, held in the Law School auditorium from, Aug. 20-23, had all the elements of a courtroom drama. The Regents’ committee "sat at the judge’s rostrum, with Ely and his attorney on one side and Wells and his lawyer on the other." The first session on Aug. 20 was closed to the public. For the hearings’ second day "the law auditorium was packed with over 200 people, including professors and prominent townspeople." On the third and final day. influential witnesses, including University of Wisconsin President Charles Kendall Adams, U.S. Commissioner of Labor Statistics Carroll D. Wright, Brown University President E. Benjamin Andrews, and the eminent historian Frederick Jackson Turner, testified in defense of Ely’s character, writing, and teaching.

A Principle Established
By the hearings’ conclusion it was clear that Ely would be exonerated and Wells discredited. There the incident would have ended, significant but not precedent setting, but for the vision of John M. Olin. Ironically, Ely had not used academic freedom in his defense, going so far as to say that if the charges were true he should be fired. However, Olin saw the trial as an opportunity for the Regents’ committee "to do the University a great service." That great service was to insist on the expansion of the report to include the "sifting and winnowing" statement and make it an inspirational affirmation of the University of Wisconsin's commitment to academic freedom.

Bascom Hill plaque
A plaque at Bascom Hill at the University of Wisconsin honors the decision of UW President Charles Adams to preserve academic freedom.