The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1878-01-26

university OF cOlleSe III the UNITED
States or elsewhere" The SECOND
clause of the section declares tina
{" the degree of Bachelor of Laws
granted by them shall authorize the
} person on whom it is conferred tt
practice law in this State. Now
it is matter of no moment whether the
degree of Bachelor of Laws" il
} s. literary degree or not, for the
power to confer both "literary degrees
and the "degree of Bachelor of Laws, ,
is expressly and Enthusiastically given
so whether the latter is subdivision
of the former, or independent of it. il
makes no sort of difference. Is this
power to confer " literary degrees and
honors and the degree of Bachelor
of Laws" restricted and modified by
other sections of the law We are
told that the power to confer !" literary
degrees IS not, but that the power to
confer the degrees of &" Bachelor of
Laws" is qualified and limited by
section 1860, which provides how di-
plomas shall be signed. But is not a
diploma as essential to the comforting
of q literary degree" as to that Of
the degree of " Bachelor of Laws ? :"
and if this section providing that di-
plomas shall be signed by certain of
hcers operates restriction upon the
power to confer the one degree, why
not upon the power to confer all other
degrees l do not regard this section
as operating any restriction upon the
power of the Board in either case. A
diploma is simply evidence of the
grant. If the law gives the Board au-
thorlty to grant the degrees, and then
directs that as evidence of that grant.
cetrtain officers of the University
shall sign a diploma, these officers
could not legally withhold their sig
nature their act in signing would be
purely ministerial and they could no
more refuse to perform it, than the
Clerk of this Court could refuse to at
test and verify an order or decree of
this Court. l do not intend to assert
that the members of the Faculty are
in fact obliged to sign a diploma for
degree conferred by the Board un-
der the circumstances of this case; /; I ]
rather thil k that their duty to do so
is confined to the cases whom they |
have examined and recommended |
candidates to the Board. | think it |
is too clear for argument, that section |
1868, in no wise qualities the power of |
the Board in the matter under discus
sion. 1t simply gives the Faculty
the exclusive control of 81 the reoui-
sites for admission Ito the University
of course), the examination of can
dldates for their degrees (referring
OF course to those who claim degrees +
as studeRts), the management of the
peeuniary concerns, the salaries of
professors and the tuition and terms
of admission. y
conclude therefore that the Board
Of Administrators had the unqualified
and absolute power of comforting call
literary degrees" " as well as that of
Bachelor of Laws, and that wheth-
9r Bachelor of Laws is a " literary
1egree " or not, a point upon which 1
10 not deem it necessary to express !
my opinion. 1t being therefore clear,
II my opinion, that the Board had the
bower to confer on the defendant the
legree of Bachelor of Laws,n the 6
lext inquiry is did it do SO Z
On the 24th of April, 1872, it passed !
he following resolution: :
Be il resolved That the degree of " Bach 8
lor of Law " be granted to and conferred ! !
pom the following members of the class of !
o7l-1o72 of the Law Department of the {
University of the State of Louisiana, Lame T.
7: Morris Marks and others, and that the >
resident OF the University be directed to :,
onfer upon them the said degree of Bache-
'r OF Laws, and that the usual diplomas Ii
e granted and issued to them q
true copy, extracts from the minutes T
tSlgnedl H. r. SCHMIDT,
Secretary Administrators G
This language is certainly not am Z
iguOus. 1t confers 60 The degree of .
'achelor of Laws upon Morris Marks - d
'lthout "proviso or qualification.
does not request but directs that the il
resident of the University confer oi
nat degree upon him aud that fl
lploma " be granted and issued to 81
im.n u
The Board by that resolution ex- c
austed its power. 1t conferred the al
egree, it performed its legislative or W
ldicial function. The neglect or re- b.
lsal of the President to formally con- to
II, announce or deliver the evidence M
the grant, could not have the effect Ii
destroying the grant, the decree IL
self. do not undertake to say that ii
was the duty of the President to st
'mply with this order of the Board, b,
II | think it might be plausibly a
'gued that his duty in that regard al
as confined to graduates of the nj
University. But [ do not say that if W
le hoard had the power to confer l;
Ie degree, and if it was the Presi- OF
ent's duty to deliver the evidence of &C
his performance or on-perform- tr
ice of that duty could in no way af- ii
ct the validity of the action of the It
oard. th
The diploma is but the evidence in oil
forIn Of the fact that th
gree has been conferred. 1t is bnt eli
e evidence of right, and not the TT
glt itself. 1t neither increases or III