The opinion of the court was delivered by: DAVIS
This entire matter is one which should not be in the courts, either federal or state. The entire crisis was, for the most part, due to a lapse in intra University relations.
The issues, and even the jurisdictional questions involved here, cannot be resolved without a somewhat lengthy review of the facts surrounding the present problem.
The court finds the facts to be substantially as follows:
On December 22, 1969 the Student Activities Committee of Temple University ("SAC"), a group consisting of three members of the administration, three of the faculty and nine students, voted unanimously that said committee shall formally assume "final authority in allocating and assigning office space in student activity areas" of Mitten Hall and the student activities center. Neither facility contains any classrooms. Among those voting on the proposal were the Dean of Women and the Director of Student Activities.
On or before February 25, 1970 the Director of Student Activities informed, by letter, ranking administrative officers (including three Vice-Presidents) of the resolution of December 22, 1969. No formal replies were ever received. On March 18, 1970 "SAC" reasserted its position by condemning an allocation of student activity space by the President's Cabinet. Thereafter the Cabinet referred the allocation to SAC for its decision.
From December 22, 1969 until September 1, 1970 SAC made twenty-nine allocations of student activity space, none of which were ever challenged.
On April 6, 1970 the Day Care Action Committee received recognition as a student activity. Sometime later they incorporated, at the request of the University. During the summer of 1970 the Day Care Center, Inc. (DCC) by contract with the University operated a Day Care facility in Peabody Hall, a girls residence dorm. At the termination of the contract the DCC moved to a location in the basement of the Baptist Temple, a building "on" campus but not owned by the University.
A field representative of the State Welfare Department reported that the Baptist Temple facilities were not adequate for extended use.
On September 1, 1970 SAC unanimously allocated to DCC the first floor lounge of Mitten Hall. Again the Dean of Women and the Director of Student Activities voted in favor. Also, prior to the SAC action, the Vice President for Student Affairs, Doctor Elwyn A. Smith, endorsed the use of the above lounge and on September 10, 1970 he so recommended to the President's Cabinet.
On September 10, 1970 DCC moved into the 1st floor quiet lounge, apparently relying on SAC's authority.
On the afternoon of September 15, 1970 Doctor Paul R. Anderson, the President of the University, sent DCC a letter ordering them to vacate said lounge.
Officers of DCC then approached Doctor Smith and requested a one day extension as many of the members had left for the day and it would be difficult to notify them. Doctor Smith then went to Doctor Anderson with the request. Doctor Anderson, at ...