Opinion Letter No. 160-74
Contents of letter
March 18, 1974
Honorable Raymond Howard
State Senator, District 5
Room 428B, Capitol Building
Jefferson City, Missouri 65101
Dear Senator Howard:
This is in response to youurrequest t for an opinion as to the necessity of leislative action in order to reestablish a law school at Lincoln University.
It is our understanding that Lincoln University has asked for an increase in appropriations for this year to cover the cost of determining the feasibility of re-establishing a law school.
In our opinion, specific legislation would not be necessary to enable Lincoln University to establish such a school. This power already resides with the Board of Curators pursuant to Section 175.050, RSMo 1969, which provides as follows:
"The board of curators of the Lincoln university shall be authorized to afford to its students training up to the standard furnished at the state university of Missouri. To this end the board of curators shall be authorized to purchase necessary additional land, erect necessary additional buildings, to open and establish any new school, department or course of instruction, to provide necessary additional equipment, and to locate the respective units of the university wherever in the state of Missouri in their opinion the various schools will most effectively promote the purposes of this chapter."
The language in this section has already been interpreted by the Supreme Court of Missouri to mean that the Board of Curators of Lincoln University has the discretion to determine the necessity or practicability of opening new departments of study. See State ex rel. Eluford v. Canada, 153 S.W.2d 12, 15 (Mo. 1941). This would necessarily incluac the discretion to establish a law school if money were available'for that purpose.
Very truly yours,
John C. Danforth
Attorney General