Student Government Ass'n of Louisiana State University and Agr. and Mechanical College v. Board of Sup'rs of Louisiana State University and Agr. and Mechanical College, 8524

• Decision Date: 16 July 1971
• Docket Number: No. 8524,8524
• Citation: 251 So.2d 428
• Parties: STUDENT GOVERNMENT ASSOCIATION OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE, Main Campus, Baton Rouge, Louisiana, v. The BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE et al.
• Court: Court of Appeal of Louisiana — District of US

Page 428

251 So.2d 428

STUDENT GOVERNMENT ASSOCIATION OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE, Main Campus, Baton Rouge, Louisiana, v. The BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE et al.

No. 8524.

Court of Appeal of Louisiana, First Circuit.

July 16, 1971.

Rehearing Denied Sept. 2, 1971.

Writ Granted Oct. 18, 1971.

B. B. Taylor, of Taylor, Porter, Brooks & Phillips, Baton Rouge, for appellant.

Woodson T. Callihan, Jr., of Kennon & Callihan, Baton Rouge, for appellees.

Before LANDRY, SARTAIN and ELLIS, JJ.

LANDRY, Judge.

This is an action for a declaratory judgment to determine the authority of the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Board) to impose fines for violation of parking regulations established by the Board for the control of vehicular traffic upon the streets and roadways of the L S U Main Campus, Baton Rouge, Louisiana. More precisely, the issue presented is whether the Board may levy a fine of $5.00 for violation of a Board adopted parking regulation governing vehicular traffic on the Baton Rouge campus, notwithstanding the provisions of LSA-R.S. 17:1803 (Act 297 of 1958) which expressly limits such fines to $1.00. The trial court held that LSA-R.S. 17:1803 is applicable to defendant Board. The Board appealed. We affirm.

In essence the Board maintains it has complete authority to run, operate and manage the affairs of Louisiana State University. This authority, according to appellant, is to be found in the provisions of La.Const. Art. XII, Sec. 7, which reads in pertinent part as follows:

'Except as otherwise provided in this Section, the Louisiana State University and Agricultural and Mechanical College shall be under the direction, control, supervision, and management of a body corporate to be known as the 'Board of Supervisors of Louisiana State University and Agricultural and Mechanical College' * * *.'

The thrust of the Board's argument is that the above constitutional provision is self-operative, and since the Constitution itself has granted the Board authority to direct, control, supervise and manage the affairs of the University, the legislature cannot subsequently usurp such authority and regulate or control the daily affairs of the University as though no such grant of constitutional authority existed.

LSA-R.S. 17:1803 provides as follows:

'The fine which may be imposed for violation of any parking regulation established by the governing authority of any state supported college or university in this state, including Louisiana State University and Agricultural and Mechanical College, where the violation occurred upon the streets and roadways of such college or university, shall not exceed the sum of one dollar.'

The facts are undisputed. When this action was instituted by the Student Government Association (SGA), the Board, by proper resolution, had declared certain areas of the University campus to be 'Official Areas' reserved for faculty and staff convenience during designated restrictive periods. The 'Official Areas' thus designated included the central portions of the campus, the semi-circular roadway around the parade ground in front of the companile, certain parking lots and other specifically described areas. The hours of restrictions imposed were from 7:00 A.M. until 4:00 P.M., Mondays through Fridays. In certain areas, both parking and operation of student owned vehicles was proscribed. In other areas, operation of student owned vehicles was allowed, but parking therein was prohibited. A penalty of $5.00 was imposed for violation of the regulations in question.

The Board's argument completely ignores certain well established rules of statutory interpretation applicable herein.

We begin with the elementary principle that in the event of conflict between a state statute and a provision of the state constitution, the statute must yield. Fullilove v. United States Casualty Company of New York, La.App., 129 So.2d 816. A statute is presumed to be constitutional. Everhardt v. City of New Orleans, 253 La. 285, 217 So.2d 400. An act of the legislature will be held unconstitutional only when no other alternative is possible. Buras v. Orleans Parish Democratic Executive Committee, 248 La. 203, 177 So.2d 576. Any doubt as to the constitutionality of an act must be resolved in favor of its validity. Johnson v. Collector of Revenue, 246 La. 540, 165 So.2d 466. The burden of establishing the alleged unconstitutionality of a statute rests upon the party who assails it . Hamilton v. McKeithen, 254 La. 683, 226 So.2d 494.

All constitutional provisions are presumed to be self-executory. State ex rel. Curtis v. Ross, 144 La. 898, 81 So. 386.

Where a constitutional provision is merely a declaration of policy, and it is intended that the legislature shall prescribe means by which said policy shall be carried out, the provision is not self-executory. State ex rel. Noe v. Knopp, La.App., 190 So. 135.

It is noteworthy that Constitution Art. XII, Section 7, was proposed as an amendment to the Constitution as Senate Bill 126 of the Regular Session of 1940. Senate Bill 126 was passed by the Senate on June 11, 1940. In the House of Representatives, the bill was amended and adopted July 1 1940. The amended bill was concurred in by the Senate on July 2, 1940, and the bill finally enrolled as Act 397 of 1940, on July 5, 1940. The constitutional amendment thus proposed was ratified by the electorate on November 5, 1940.

We note in passing that Art. XII, Section 7, of the Constitution, has been subsequently amended by Act 668 of 1968, adopted November 5, 1968. This amendment is a matter of no consequence inasmuch as it merely provides for the creation and establishment of a Louisiana Coordinating Council for Higher Education.

At its 1940 Regular Session the Legislature also passed Act 196, which was introduced as Senate Bill 380. On July 2, 1940, Senate Bill 380 was passed by the Senate. The bill was House amended and passed by the House of Representatives on July 9, 1940. The House amendments were concurred in by the Senate on July 10, 1940. Act 196 of 1940 was signed by the Governor on July 12, 1940. Act 196 of 1940 has become LSA-R.S. Title 17, Ch. 4, Secs. 1421--1474, inclusive .

Wide latitude is vested in the legislature with respect to constitutional interpretation. The courts may not interfere with the exercise of such legislative discretion unless there appears a clear violation of some restrictive provision of organic law. Union Sulphur Co. v. Parish of Calcasieu, et al., 153 La. 857, 96 So. 787.

In matters of this nature, our Supreme Court has, in Coguenham v. Avoca Drainage Dist., 130 La. 323, 57 So. 989, declared the following rules of construction both apposite and conclusive:

'It is not always easy to determine what are or what are not self-executing provisions, nor are the authorities reconcilable. Where the provision provides the rule for enforcement and fixes a penalty for violations, there can be no doubt as to its character. It is not only self-executing but prohibitive, and renders void all statutes in conflict therewith. But a provision may be both prohibitive and mandatory and not self-executing. The question in such cases is always one of intention, and to determine the intent the general rule is the courts will consider the language used, the object to be accomplished by the provision, and the surrounding circumstances, and to determine these questions from which the intention is to be gathered the court will resort to extrinsic matters when this is necessary.' 8 Cyc. pp. 753, 754.

'The question in every case is whether the language of a constitutional provision is addressed to the court or the Legislature. Does it indicate that it was intended as a present enactment, complete in itself as definitive legislation, or does it contemplate subsequent legislation to carry it into effect? This is to be determined from a consideration both of the language used and of the intrinsic nature of the provision itself. If the nature and extent of the right conferred and of the liability imposed is fixed by the provision itself so that they can be determined by the examination and construction of its own terms, and there is no language used indicating that the subject referred to the Legislature for action, then the provision should be construed as self-executing, and its language as addressed to the courts.' Willis v. Mabon, 48 Minn. (140) 150, 50 N.W. (1110) 1111, 16 L.R.A. 281, 31 Am.St.Rep. 626.

'Where it is apparent that a particular provision of the organic law shall go into effect immediately without ancillary legislation, and this can be determined by giving full force and effect to all its clauses relating to the same subject, and the language is free from ambiguity, then it becomes the imperative duty of the judicial tribunals to declare it self-executing; and where the provision is unambiguous and the purpose of the provision would be frustrated unless it be given immediate effect, it will be held self-executing.' Tuttle v. National Bank of Republic, 161 Ill. (497) 502, 44 N.E. (984) 985, 34 L.R.A. 750; 6 Am. & Eng. Enc., p. 912, note 2.

'Constitutional provisions are self-executing when there is a manifest intention that they should go into immediate effect, and no ancillary legislation is necessary to the enjoyment of a right given or the enforcement of a duty imposed.' 6 Am. & Eng. Enc. p. 912.

In our view, the title and enacting clause of Act 196 of 1940 leave no doubt as to the effect the legislature intended to accord Act 397 of 1940, which became Const. Art. XII, Section 7. Said title and enacting clause read as follows:

'AN ACT

To create a governing body for the Louisiana State University and Agricultural and Mechanical College To carry into effect Section 7 of Article XII of the Constitution of Louisiana; to prescribe...