The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1878-01-26
OPINION OF MIR. JUSTICE DEBLANt

Defendant was elected and COM
missioned as Judge of the Fourth
District of the State-this is admit
ted. From the month of December.
1872, he practiced law in and out of
his district-this is established. 1t is.
however, denied that he ever was an
attorney at law.
10 repel that charge, defendant
has introduced in evidence a copy of
the proceedings of the Board of Ad
mlnistrators of the University of
Louisiana, at a called session held on
the 24th of April, 1872, and held. I
am convinced, to consider and dis
cuss only one subject.
The members of the Board were
certainly advised of the cause of that
extraordinary session, and right or
wrong, whatever was proposed or
done on that occasion was knowing
ly proposed and deliberately done.
The action of the Board may have
been strangely Irregular, but can we
now avoid that action and destroy it's
effects7
At that session what did they re-
solve 7 "That the degree of Bachelor
OF Laws be granted to and conferred
upon Morris Marks, and other stu
dents of the University and that the
President of said University be di-
rected to grant said degree, etc."
Had the Board the power to so re-
solveY The second paragraph of |
Sec. 1859 of the Revised Statutes pro-
vide That the degree of Bachelor
of Laws and Doctor of Medicine,
granted by them, shall authorize the
person on whom it is conferred to
practice law, physic and surgery in
this State.
Section 1860 ordains "That all
diplomas granted by them shall be
signed by the President of the Uni
versity, the Chairman of the Board,
and the Professors of the Department
in which the student may have grad
uated.
The last paragraph of See. 1859 re-
Fers, in terms which can bear but one
but one construction, to
the degree of Bachelor of Laws and
Doctor of Medicine conferred by the
Board of Administrators-Sec. 1860
20 diplomas granted by them, and
which, when granted, must be signed
Is stated.
The first of said sections CONVEYS
he not unreasonable impression that
my degree may be conferred on any /
me, by the Board of Administrators
he very next section seems to re-
trlct their right of granting diplomas
o only the student who has gradua- {
ed in the University.
How reconcile these provisions nm
ess by holding, that, under that
IS absurd. as imperfect legislation,
when the Board assumes the impor-
ant prerogative of comforting a de-
,ree, the recipient needs but a GER
ificate of that fact, to exercise the
hosen profession and that when the
tudent has pursued regular or
peeial course, when he has been ex-
mined and graduates, the diploma
.ranted by the Board shall he signed
" the President of the University !
nd others.
The examination of candidates for
heir degrees in the Law and Medical {
departments is under the exclusive
ontT0l of the Faculty of each of ,
hose departments that is eminently
roper, bnt those Faculties are not,
s they should be, authorized by our
tatutes to grant degrees or diplo-
oas according to the letter of the
aw ; their only mission is to either /
ecommend or refuse to recommend
he candidates, and to whoni9 To I
he Administrators, under whose con-
rol and supervision the University
nd all its departments, have been
laced by law to the Administrators
ilU alone, il seems, have the power
o confer degrees and grant diplomas
As to the rejection or admission of
is the decision of the
faculty a final and irrevocable de.
ision were it dictated by hatred, i'm
atienee or injustice and in this in