The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-08-01
AGRICULTURAL SCHOOL MATTERS.
A MEETING or THE BOARD OF SUPER
vIsORs-IMPORTANT MATTERS
DISCUSSED.

yIsORs-IMPORTANT MATTERS
DISCUSSED.
The kellogg Board Injunction Under Con
siderat IOn-It Is to be Contested
In the Courts.
The Board OF Supervisors Of the Louisian
State University and Agricultural College me
Yesterday at the Executive Office, pursuant Il
cali, there being present the ex-oficio President
his Excellenoy the Governor DIR. Williams, o
East Baton Rouge, Vice President Gen. Brent
of Ascension; DIR. Taylor, OF st. Landry Mr.
Roundtree, of New Orleans F. L. Grimes, o
Avoyelles VIM. Fl. Harris, of Pointe Coupee
DR.. II. FL. Hyland, of West Felcisns; r. M
Lusher, Eco, Of Orleans, and Mr.. Grady.
The minutes of the meetings held some week.
| since
AT BATON ROUGE
we're read and approved, and ON motion the
Board, according to the provisions Of the law Gre
ating it, approved and ratified the action had Al
| those meetings.
The Governor stated that since the B 1srd hst
met, an injunction had been taken restraining
the Auditor and Treasurer from warrantipg for OF
paying moneys TO this proper officers Of the Board
He had consulted the Attorney General upon the
subject, that official expressing the view that he
could act in the matter only as far as the Auditor
and Treasurer were concerned, therefore he
employ an attorney.
The Attorney General had stated that this
board had not been made
PARTY TO THE SUIT,
and, therefore, he thought that he would not
feel justified in making or filing an exception to
that claim; that if any exceptions were taken It
must be by the board as intervenors. He did
not think this board could go into the merits Of
the case, but the counsel employed by the board
could determine that. The Governor thought
that the Attorney General was correct when he
stated that he does not as part of his official
duties, represent this board.
communication WAS read from Prof. Cross
Of the Faculty of the old Board Of Control of the
Agricultural aud Mechanical College, in which
the proposition was made that his party would
vded that the whole matter be
LEFT IN sTATU QUO
until the meeting of the next Legislature, when
the whole subject matter would BIO submitted to
that body, aud inimsting that unless auch
course was agreed to the old Kellogg board
would Garry IL to the Supreme Court of the
United States.
Some Of the members of the board, not UNDER
standing exactly the nature OF the injunction
issued upon the petition OF the old board, copy
was obtained from the Office of the Attorney
General and read in detail. The petition goes
on to quote various acts OF Congress donating
lasds to the State for the benefit OF the college
recites the act OF incorporation, and alleges that
said college has, ia its corporate capacity, made
purchases and acquisitions Of land, and incurred
obligations on account OF the came.
The petition alleges that the sem-annual in.
dated bonds, deposited with the state Treasurer
under sots No. 125 Of 1874 and No. 20 of 1876 in
with the arrangements OF the State
with petitioner, amounting s6sG7, being due and
payable 10 petitioner, demand for the came was
made on the State Treasurer and state Auditor,
and payment OF the same refused by each OF
them, upon the pretended ground that petitioner
had no longer control over said fnnds; that act
No. 145 1t extra session OF 1877, entitled ian act
10 unite the Louisiana State University, as now
established and located near Alexandria, in the
parish Of Rapides, and the Agricultural and
Mechanical College, as now established, and
located in the parish OF 81. Bernard, into aud
the same
INSTITUTION OF LEARNING
10 be Known and designated under the name and
title OF the Louisiana State University and Agri
cultural and Mechanical Collegs" is valid and !
binding and creates o new board OF control OF |
these united colleges Said Auditor aud Treas |
further claim that ssid act creates in section
OF said act a corporation, under the style and |
title Of the Board OF Supervisors Of the Louis-
ina State Universary aud Agricultural and Me- |
,hanical College," and in section II OF same act
places at the disposal of said board Of supervisors
)f these united colleges all the interest and in
ZONE derived and to be derived from the sales oil |
ands granted, or that may hereafter be granted, |
70 the State OF Louisiana by the United States for
,he use OF seminary OF learning, and sll the ill.,
terest and income OF the fluid derived and to be |
derived from the sales OF all lands aud land |
,crip granted, or that may here alter be granted |
10 the State Of Louisiana by virtue of an act OF |
Congress, approved July 2, 1862, etc.
PETITIONER ALLEGES
hat said not, uniting said colleges, under the |
title OF the Louisiana State University and Agri-
cultural and Mechanical College, is unconsttu-
,onsl, null and void, because 1t violates article |
ITO OF the State constitution, and article |, Sec
ion 10, paragraph l, Of the United States con-
,titution. forbidding the passing Of any law i'm
pairing the obligation Of contracts, etc.
Petitioner alleges that article 145 undertakes
% create united college, in which the leading
object will not be to teach such branches OF |
earning as are relsted to agriculture aud me-
,hanics, but said act provides for an immense
scientific and costly college. in which the ofject
II the donation by Congress is entirely ignored
,r must necessarily occupy subordinate posi-
ion, and consequently said act is in violation of
he laws Of the United States, and especially in
,ioation Of the act Of Congress. approved July O.
1862, and section four Of said act.
Petit IN represents that an injunction ia neces-
Iary to restrain said Jumel and said Dubuclet
rom paying over said funds to any other persons
han petitioner, until petitioners right to the
anne can be judicially determined. Petitioner
therefore, asks that an injunction is no restrain
ng them from paving over the proceeds of said
coupons. attached 10 said State bonds, or deliver
ng said coupons or their proceeds, now or here
.fter, to any other persons than petitioner, and
hat said pretended act Of 1877 be decreed to be
null and void.
After the reading OF the pstition was concluded.
ONE discuss to whether or not the
,oard OF Supervisors was . party to the legal
The Attorney General was called in, and while
n his opinion he did not think that the board
vas q party to the suit. he said he would in few
lays
FILE AN EXCEPTION
o the Injunction, and maintained that the board
hould employ counsel to represent it should the
ase come up for trial on its merits, as his office
7as overruo, and should he take a position as
he legal representative IL the board, he would
han, koo lafk and to