Year: 1878

4 0Nh'SO


constitution as necessary qualifica-


ton for District Judge.


1t is not pretended that the defend


ant ever obtained license .eo aomiaj


to practice law either in Louisiana or


elsewhere. There is no question in


this case of the power or exercise of


the power of the Board of Admins


traitors of the University of Louisiana


to confer honorary degrees of any class


upon a person not student, nor OF


the effect of such degrees when con-


tered. The evidence in this record


which is furnished by the defendant


himself shows that he was student


of the University, that he was exam


ined for his degree by the Professors


constituting the Faculty, and failing


to pass satisfactory examination,


that he was rejected by the Faculty


who refused to recommend him TO- the
Board of Administrators as one duali-
fed to receive his diploma, or to sign
his diploma in accordance with the


law and the usual rules of the Uni-
.yersity when student has passed q
satisfactory examination. But that
notwithstanding this rejection and


failure of the defendant to be pre-


nounced qualified or " learned in the
law" by those who are most compe-
| tent to do so, and schoSe erclusiUe
pr0uince it is so to pronounce, the
Board of Administrators undertook to
pass and did pass resolution that his
degree be conferred upon him.


Upon this resolution alone, the de-
fenGant rests his rights not only to a
diploma, to his degree of Bachelor of
Laws, but he further claims that the
resolution of the Board of Admistra-
tors of itself and without anything
further constitutes him learned in the
law and entities him to practice law
in all the courts in Louisiana.


The law creating the University
and regulating its departments and
powers r. S. 1870, sec. 1861 pro-
vides that all diplomas granted by
them /. e., the Board of Administra-
tors, shall be signed by the President
of the University, the chairman of the
Board, aid the Professors of the
department IN ,chich the student aaay
hare graduated and by such other
officers of the University as may be
provided for by the laws of the Uni
versity, and that it must be under the
seal of the University. See. 1859.
This then is the evidence of gradu-
alton of degree conferred which is
contemplated and provided for by
law aud which is in contemplation of
every student who enters the portals
of the University. Can it be said then
that the degree is complete aud that
all the rights and privileges derived
from it exist till all this evidence of
concurring viii on the part of the of
ficers Of the University is obtained 7
If the defendant was really entitled to
lis degree and to have the diploma
executed and delivered to him when
so much depended upon it, why did
he not present himself before the
courts aud compel its execution and
delivery, and why if the resolution of
the Board upon which alone he relies
had all the effect of the diploma which
is simply directed to be conferred, did
he not present himself with it before
this court and have the Judicial yeeog-
milton of his light to practice law
which the law contemplates-R. S. Ill
and 112, in conjunction with which
the provisions of act 1877 must be read
as they are all on the same snbiect,
matter, part of the same statute aud
must be construed in harmony The
University of Louisiana was estab-
lisbed as an institution of learning
e 1no al -
department., with prescribed course
of study in each of which proficiency
l. G. learning in which that faculty are
made by the very terms and by the
evident intent and reason of the law.
exclusiven judges -R. S. sec. 1868.
The only power of the administrators,
many Of whom are not themselves
learned III any department. is to grant
the diploma after the student shall
have passed his examination befors the
learned professors and has been By
them recommer ded for his degree. It
is true that the Board of Administra-
tors have the duty aud power under
the law to appoint President and
Professor, but once that appointments
has been made, that power is ex-

| hauSted unless IL vacancy occurs aud
once they receive their appointment
the independent and exclusive pow
ers aud duties are as clearly estab-
lished and defined rs those of the Ad-
ministrators themselves, of whom az
to those powers the Faculty is as in
dependent as is the Board of Admin
isirators Of them. The very objects
and aims of the University would be
subverted were the theory of the de-
| fehdaut to prevail that the examinations
| by the Faculty means nothing land
that mere wiiim or caprice of II board
| in large part composed of men not
I themselves qualified for tho task
should be able, against the protest Of
those who are especially qualified, to
confer the honors of the institution
upon the faithful aud competent and
the nnfaithfnl and Incompetent. stu
dent alike. The absurdity of such an
arprlment IL 1unlrent fine nraekiee af