History of the Rescue of the
American Conservatory of Music
in the year of the Lord, 1991, Anno Dominum. | |
| The American Conservatory of Music was established in Chicago, Illinois on June 16, 1886 by John J. Hattstaedt. who was an American of German descent, having been born at Monroe, Michigan. His family was connected with the establishment of the first Lutheran Synod in the State of Michigan. He defended a high moral and ethical way of life and promoted the Christian faith throughout the midwest United States. His influence, however, was felt throughout the world, because graduates of the Conservatory were placed in universities and colleges located all over the entire globe. The Conservatory was also honored with the distinction of being one of a very few to have several Pulitzer Prize winners among its faculty and students. |
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Successful Rescue
Although the Conservatory flourished through the years, there came a time when it encountered financial and management difficulties. During these times, the following individuals were of great assistance in ensuring its continuity and longevity: Henry Regnery, Leo Heim, Richard Schulze, Theodora Schulze, Otto Schulze, Robert Getz, Carl Waldschmidt, Amelia Sligting, Paul Henry, Elizabeth Sharp, Michael Ruiz, Enrique Arias, Wilma Osheim, Mary Ellen Newsom, Dennis Murphy, Martha Gingles, His Eminence Metropolitan Paisios of Tyana, Rev. Father Daniel Gorham Abbot, Rev. Father Joseph Magnin, the Hon. Robert Ginsberg, and many other tireless servants, all of whom were instrumental in saving the Institution in operation today. In 1991, the Conservatory changed its corporate legal entity in order to escape from criminal mismanagement and to stop misappropriation of its endowment. The old entity, which was no longer connected with the Conservatory, was put into a Chapter Seven bankruptcy proceeding in order to settle its outstanding debts incurred by two years of mismanagement. This bankruptcy proceeding did not affect the operation of the Conservatory, because its assets and accreditation were transferred to its new entity long before the bankruptcy case was filed. Moreover, the Conservatory never missed a hemi-demi-semi-quaver and all classes continued to be given on schedule with the same Dean, the same faculty, the same students, the same accreditation, and the same Registrar. Ultimately, friends of the Conservatory settled all the affairs of the bankruptcy action involving the old entity to the satisfaction of its creditors and then the old entity was dissolved. The Courts in the United States have ruled that changes of entity do not cause any discontinuity of institutional identity or operation. They have ruled that schools undergoing identical circumstances are still the same educational institution. | |
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Conservatory Seeks Recognition of Grandfathering Provisions
Beginning with the latter part of the year 1992, the Conservatory was looking for funding sources from the Illinois Board of Higher Education. Responding to this inquiry, they made an attempt to assert licensing jurisdiction over the Conservatory in such manner that the Conservatory would lose control over its curricula, its tuition policy, and its governing structure. The Conservatory resisted such assertions by maintaining correctly that it is a pre-1945 university that was in operation on the date that the Illinois Private College Act was enacted, and that it was also in operation in 1961, when the Illinois Academic Degree Act was enacted. Dialogue continued over the next 4 years between attorneys for the Conservatory and attorneys for the Illinois Board of Higher Education. When the Conservatory was informed that the Illinois Board of Higher Education was planning to shut down the operations of the Conservatory without notice, the Conservatory filed a multi-count law suit for declaratory judgment against the Illinois Board of Higher Education.
Orthodox Church of Belize Comes to the Rescue
At this time, unbeknownst to the Illinois Board of Higher Education, the Orthodox Church of Belize contacted the Conservatory and offered its assistance and provided its resources to permit the Conservatory to incorporate under its ecclesiastical charter in the Country of Belize, thus ensuring the ongoing viable continuity of the American Conservatory of Music. Belizean legal counsel, hired by the Orthodox Church, informed the Church that had it not stepped in at the time it did, the Conservatory would have been permanently shut down, and illegally so, in violation of the principles of Judicial Comity, since the adjudication of its Institutional continuity was ratified by the United States Federal Court in the year 1993. The Illinois government took unfair advantage of the Conservatory's financial inability to hire one of the very best law firms in Chicago. The Illinois courts also failed to follow its own legal precedent of many years standing that recognizes the fact that the Conservatory enjoys institutional continuity dating back to its founding year of 1886, despite change of operating entity. Therefore, because the Illinois Court decisions did not follow proper legal authority, its orders are void and nugatory. At around this time, the Church decided that the United States operations of the Conservatory should be moved to the State of Indiana. This enabled the Conservatory to receive Federal Tax Exemption, and a legitimate corporate charter for legal operations in the State of Indiana under its Belizean charter. The Belizean government approved operations of the Conservatory in the latter part of the year 1998, and recognized its 19th century status as a university/college in operation since 1886. | |
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