The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1878-01-19
OPINION OF MR.. JUSTICE MARR.

|
/ OPINION OF Mr.. JUSTICE MARR.
do not think it was the intentior
of the Legislature to empower the
/ University of Louisiana to confer the
degree of Bachelor at Law, or Doctor
of Medicine, on any other persons than
such as had been students and had
graduated in the Department of Law
and Medicine respectively.
Universities consist of colleges and
departments, and know of no univer-
sity which confers the first degree,
whether Bachelor of Arts, Bachelor
at Law or Doctor of Medicine, on any
other than the students who have
graduated in the Academical depart
ment or the Law department or the
department of Medicine under its iu-
/ risdiction, except the University of
London, founded in 1886, which has
no schools or colleges or halls of its
own or subject to its jurisdiction, and
which admits to its degrees such as
can pass the rigid examination which
it prescribes, without respect to the
schools or colleges in which they may
have pursued their studies.
The act of 1855, relative to attor-
neys, page l20, requires this court to
grant license to practice law to grad
| yates of the Law Department of the
University of Louisiana, and this
phraseoIogy, Graduates of the Laac
Department. is used in all subsequent
acts OH the same subject.
The act of 1855 relative to the
University of Louisiana, page 400,
Sec. 8, authorizes the Administrators
to confer, under their common seal,
! on any person whom they may think
worthy, all " literary honors and de-
grees known and usually granted by
any university or college,, etc.
This evidently empowers the Ad-
ministrators 10 confer the honorary
degrees, which ale not dependent on
examination, aud are complimentary
merely.
The next clause of this section pro-
yides that the degree of Bachelor at
Law and Doctor of Medicine granted
by the Administrators shall authorize
the person to practice law, physic
aud surgery in this State.
We must refer to other parts of the
statute, to ascertain who may be ad-
mitted to these primary degrees,
Bachelor at Law and Doctor of Med
iciue, and we find that the examiBa-
tion Of candidates for these degrees is
under the exclusive control of the
Faculties of Law and Medicine re-
spectively.-Sec. Is, page 420.
[ conclude, therefore, that the Ad
ministrators have no authority to
grant these primary degrees to any
other than students who have passed
| their examination satisfactorily in the
one or the other of the departments,
and that the latter clause of section 8
refers to and means graduates" in the
Law department. and graduates in
the department of Medicine; and that
the Legislature, when in acts relative
to attorney, it uses the words Gradu-
ates of the Law Department" does
not mean to extend the rights and
privileges which it grants to such
graduates to persons not gradu-
atesn of that department., upon whom
the Administrators may have chosen
to confer honoIs and degrees.
| In my opinion the power of gradu-
alton in Law or Medicine belongs to
| the Faculty OF Law or of Medicine
exclusively, and that neither the Adj
ministrators nor the judicial tribunal,
can, lawfully, nor do | think they
should have power to control the Fac
ulties of these departments in the
exercise of this discretion which is
wisely granted to them by section lS
of the act of 1855, section 1868 of the
Revised Statutes, and which is in ac-
cordance with the practice of uniyer-
stiles III the United States aud else
| where.
/ think article "a of the CoBstitu-
ton, which requires for eligibility To
the JudgesIiip Of the District Court,
that the person shal! have praetieed
law two years, means that he shall
| have practiced in virtue of lawful
| oath only, license granted in con
formity to the laws of the State.
| 1t is to be regretted that the stud
ents, including defendant, who were
refused graduation by the Faculty Of
the Law DepaI tment of the Unirer
atty, if they felt aggrieved and be-
! lieved themselves qualified TO practice
law, did not present themselves for
examination to the examining com
mittee appointed by this Court. II
/ they had succeeded before the com
/ mittee, they would have been licensed
/ ny the Court and would TINS have
obtained all the substantial benefits
of graduation in the L-lw Department
of the University.
eensYli III the decree pronounced
By the Chief Justice.
OPINION OF MIR. JUSTICE EGAN.
| do not think that tile possession
! or exercise of any office for which