Judicial Decisions of the State Superintendent of Common Schools, State Superintendent of Public Instruction, State Commissioner of Education, From 1822 to 1913

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When a scholarship had once been filled by appointment from one district and should become vacant, there was no way of filling it, even though there were deserving and willing candidates in the same district. In this way the scholarships were not more than half filled. Chapter 291 of the Laws of 1887, was intended to correct this, and provide a way for extending the privileges of these State scholarships to any students in the State who might desire them and be able to comply with the necessary... requirements. In short, the State undertook, by this amendment to the charter of the university, not only to fill the scholarships, but to keep them full so long as there were students in the State who desired and deserved the privileges thereby afforded, in the evident belief that, in thus carrying the advan- tages of the great institution to the greater number of its brightest and most deserving children, it would be helping them and promoting its own substantial development as well.
The length of time with which the university claims that it may permit delin- quents to make up deficiencies and regain position is indefinite, and if we adopt the principle for which it contends — that a student who is obliged to drop out and leave the institution because he can not sustain himself in examinations, does not vacate his scholarship because he may make up his work and be rein- stated at any indefinite time in the future — we practically hold that a scholarship once occupied, and then vacated, can not be again filled at all.


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