Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1897-06-03
Regency Amendment Situation.

from n moment that a doubt
arose or was expressed that the
regency amendment to the constitu-
ton, submitted to a vote of the
people at the last election, was not
legally adopted, and calling into
question the standing of the board
OF regents appointed under the pro-
visions OF that amendment by Gov
ernor Lee, the republican member of
that board, Hon. Chas. n. Herried,
has earnestly labored for a legal
settlement of the question and
against any revolutionary move by
his board, and has not been in SYM
pathy with the dilatory tactics of his
colleagues.
AT the Pierre meeting of March
~, he introduced a resolution, re-
citing sit is the sense of this board
that the validity of the constitutions
al amendments be determined by
proper proceedings before the SUI
preme court, and that the attorney
general be requested to take action
to determine which board is the
legal board, and that until such de-
termination no business be transact
ed, except such as may be incident
to the determination Of said legal
question aforesaid" which reso-
luton was adopted, and great praise
was accorded the new board for its
pacific action.
The old board, not to be outdone
in a matter involving the welfare of
the institutions of the state, met the
new board half way, and it was stip-
ulated that at the hearing before the
supreme court on May 4 the case
should be heard squarely on its
merits, or IS if a demurrer had been
filed by the new board, but during
the hearing the counsel for the new
board flunked so that no decision
affecting the vital point could be
rendered. As pointed out in these
columns al the time, it left the sit
uatlon simply as it was in the begin
ing.
The action of the new board was
disappointing to Nh. Herried, and he
addressed a communication to his
fellow members, calling attention to
the critical situation and the necessity
OF speedy action towards settlement
OF the vexed question. No attention
was paid to it, and now Mr.. Herried
has individually demurred to the
complaint and stipulated for the
speedy determination of the question.
In doing this, he has acted solely in
the interest of the institutions, and
has adya, ced the case so that a de-
cision may be looked for at least
a month or two earlier than possible
under the policy Of delay pursued
by the Lee board of regents. For
this, Regent Herried deserves the
thanks of every taxpayer of the
state, for the people are demanding
a decision as to the validity of the
amendments, regardless Of which
board is retained in power.
Below is given the communica-
ton of Mr.. Herried, the demurrer
and stipulation in full :
!, Eureka, $. d., May Is, 1897.
Hon. ii. III. Blair. Pr,
ELK Point, 5. ID.
Dear Sir
La the regency case. attys. for
the "old board have served ON me nm
amended complaint, stating the new
point suggested by the supreme court.
that the proposed changes to Art. IA oi
the constitution constitute more than
one proposed amendment and the same
was not submitted in such manne that
the people might vote for or against
each OF said amendments separately.
When this case was before the supreme |
court, J am informed il was stipulated
IN open court that it should be treated
az u a demurrer to the complaint had
been filed. This brought all the levaI
points involved squarely before courr'
Alter a day>s argument, it is reported