Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1899-08-10
WANTS fl DIPLOMH.
Full Text Of the Judges decision in
LUDWIG School diploma Case
From RiChIdnd Center.
MEMBER OF TIE CLASS OF 80
Merits OF CASE arc Argued Before Judge
GlCnents0n at Lancaster.

Upon the petition OF the relator anC
By order Of the county Judge Of Rich
land county that IN alternative wri
If mandamus issue from the circui
court Of said county commanding Tho
defendants to grant To Willard n
Ludwig, a son Of the petitioner, di
ploma Of graduation for the Englisi
course OF the Richlaud Center High
school as a memb er OF the graduating
class of 1899, or that they show cause
before said court at a time named al
the chamber of the Judge at Lancaster
why they ought not to be required t
DO So
At the time and place the nance
parties appeared by their attorneys
and the attorney OF the defcndent.
moved the court to qaash the writ
because the petition does not show
facts sufficient 10 entitc the rcatol
to a writ Of mandamus. Whether it
does is the question now TO be doter-
mined.
Dsregarding immaterial statements,
the facts set forth in the petition arc
as follows The petitioner, IL. M.
Ludwig is resident and Taxpayer
Of the city of Richland Center i'll
which is free high school In Sep.
TENDER 1896, the board If education oil
said city, with the advice and con
sent OF the state superintendent, de-
termncd the course of study for such
high school and minimum standard
Of qualification for admission 10 the
same. Two years before this, i, e.,
in the fail Of 1894, Willard N Ludwig
son of the petitioner. was admitted tC
the high school, he having graduated
from the grammar department of the
schools Of said city November 1895,
said board passed a resolution requir-
ing as a condition for graduation from
the high school that the candidate for
graduation should pressure and hold a
second grade teachers certificate.
This was done without the advice
or consent of the state suporinten-
dent Relator's son continued in said
high school for five years and expect
cd 10 graduate with his class At the
endof the school year justcloscd. He
pursued to completion every branch
required to be taken in the English
course" lie did not procure a sec
ond grade teachers certificate. In
the spring Of the present year the
board Of education prescribed by res
olution that candidates for gradua-
ton not having such certificate should
pass an eXamiuationsin the following
branches, viz. United States history
grammar political and physical geog-
raphy, constitution of Wisconsin,
United States constitution and arith-
metc. The son of the relator took thi.
examination and failed in grammar.
On account Of such failure he wa,
given no diploma, but was not in
formed why diploma was re-
fused him until a week after the grad
uation exercises. The record OF thu
standing of this pupil in grammar al
the time he entered the high schoo
has been lost. and ii has been alleged
by the rclator, upon information and
belief, that at the time his son passed
a satisfactory and final examination
In that study Ii is further set fortl
that the REALTORS son took part in the
graduation exercises of his class last
June and was held out by the principa
of the high school rs one OF the grad
ates and that there was handed TO hin
rolled paper such rs was given t
each of the graduates, hut upon open
inc il it was found To be an unsigned
diploma, and that after this had been
done the relator 'Was informed thai
his said son could not receive his Sait
diploma until he would pass the cN
animation required by said board il
their aforesaid resolution passed dur
ing the spring term of the year 1899.
1t also alleged in the petition thc
CREATORS son. has completed the en-
tire course of study except taking eX
animation in grammar geography
history. arithmetic and constitution
a. prescribed BY the board of cduca
ton A demand was made by TIN
rclator upon the board OF education
that they grant his son a diploma
which was refused.
Upon these facts the attorney 81 TIL
rclator contends that the latter is en-
titled to peremptory writ Of man
damus compelling the principal q
the school and the board OF education
10 give his son diploma The Al
torney asserts that the resolution Q
the board 81 education passed III 1895
requiring rs a condition of graduatio
that the pupil should have sccon
grade teachers certificate. was an
lawful, and that q pupil whose stand
ing in the studies OF the prescribe
course show that he is entitled 10
certificate Of graduation cannot b
barred from receiving it because h
has not taken AN eNamina. ion by Oh
county superintendent and receive
second grade teachers certilicat,
There is much force in the conteutio
that the requirement that the cand
date Tor graduation should have sue
certificate is Invalid but the point
not in this case for decision. III
board of education did not requil
Willard ~ Ludwig or amy ot the graz
uating class Of 1899 to produce sue
certificate. The board did require
however, as prerequisite 10 gradu,
ton that the pupil should Satisfacto
ily pass an examination in the .
branches above named Had Il
board the power to do this Il
had it is entirely immaterial as far
this case is concerned whether Il
power was discreetly exercised orno
"a writ Of mandamus is the higl
est judicial writ known to our const
tuition and laws, and according TO ii
well approved aud long establishe
authorities, only issues in cases whel
there is a specific legal right to be Ell
forced, or where there is positi,
duty to be and which can be perform
ed and where there is no other spec