Omaha daily bee., 1897-01-08
CONTROL OF DEAT. DUMB AND BLIND
Legislation TO Remedy Present Com
nict of Authority.

Legislation to Remedy u Present Con-
nict of Authority.
l desire to call the attention of the legs
lature to the urgent necessity for suitable
legislation making proper provisions for the
control, government and maintenance of the
Institution for the Blind at Nebraska City
and the Institute for the Deaf and Dumb
at Omaha. These two institutions are SC
nearly alike in character that | am of the
opinion that each can be provided for by the
passage of a single act. In the treatment
of this subject, in speaking of one, i take
1t that the same remarks will apply as well
to the other. The law at present governing
the Institute for the Deaf and Dumb is found
in Chapter 90 of the Compiled Statutes OF
1898, while the law governing the Institution
for the Blind is found in chapter AZ Of the
same statutes The law for the governing
of the Institute for the Deaf and Dumb was
passed in 1875, prior to the adoption of our
present constitution, as was also the law
governing the other institution The pres
ent constitution provides that Board OF
Public Lands and Buildings consisting of
the commissioner of public lands and build
ings, the secretary or state, treasurer and
attorney general, shall have general super
vision and control of all buildings, grounds
and lands of the state, the
state prison, asylums, and all other
like institutions, except those
for educational purposes. 1t was intended
by the original enactment of the law govern
ing these institutions that the Institute for
the Deaf and Dumb should be controlled by
board of directors, as mentioned in the
original act, and the Institution for the
Blind should be governed by a board Of
trustees to be selected by the legislature, as
therein provided
Under the provisions OF the present con-
stitution these institutions could no longer
be governed as originally intended, and in
the case Of the Institute for the Deaf and
Dumb the Board of Public Lands and Build
ings assumed control, the governor eXercis-
ing the authority to appoint the managing
officers. This institution has been con-
Quoted in this manner until the present.
time.
Respecting the Institution for the Blind, in
an early decision OF the supreme court, found
in the sixth Nebraska page 2S6, in the case
Of State VS.. Bacon, 1t was decided that this
institution was not an educational in
stitution within the meaning OF the section
of the constitution heretofore cited and
was within the control Of the Board of Public
Lands and Buildings. Thereafter this in
stitution was under the control and manage
ment OF that board, the governor appointing
the managing officers. In a recent decision,
found in the case of Curtis VS. Allen,
forty three Nebraska, 1Si, the supreme court
reversed the decision above mentioned and
held that this was an educational institution
and not under the control of the Board o!
Public Lands and Buildings.
That both of these two institutions are
educational in their aims and objects rather
than asylums or permanent abiding places
for the unfortunate blind and deaf 1t seems
to me hardly admits of argument The
latter decision of the supreme court was in
accord with the spirit and intention OF the
law establishing and providing for the
maintenance of these two institutions, and if
either is found to be educational in its
character by a proper tribunal, it must
follow as a logical sequence that the other
is likewise of the same character, the one
being for the purpose OF educating the un-
fortunate children of the state who have
lest the sense of sight and the other for those
who have lost the sense OF hearing. View
ing the subject in this light ana yet not
wishing to exercise any control or SUI
pervision that might not have the approval
of my fellow state officers composing the
Board of Public Lands and Buildings | re-
quested the attorney general for an opinion
as to whether the Institute for
the Deaf and Dumb was of the
same character and standing as the
institution for the Blind; in other words,
whether it was an educational institution
or an asylum within the meaning OF the
constitutional provisions cited above. In an
opinion, which will be found in his report,
the attorney general passes upon the ques-
tion adversely to the position taken by
myself With all due Difference to the opin-
ion of the attorney general, | am convinced
that both OF these institutions are edu-
catonal in their character and should be
treated as such. This view is held by their
superintendents and the method OF the
work in operation in each of them clearly
demonstrates 1t to be correct.
RESORT TO COURTS AGAIN.
After the latter opinion OF the supreme
court respecting the legal status of the
Institution for the Blind some effort was
made by the last legislature to enact a law
respecting it's government, but for some
reason it failed to pass both branches OF
the legislature. An effort was then made to
fall back on the old law enacted at the time
of the creation OF these institutions and
elect trustees by a joint session OF the legis
lature, as provided by the original act. This
section having been abrogated by the adop-
tion Of the constitution. / deemed 1t my
duty to refuse to recognize these so-called
trustees or any of their acts, believing the
action of the legislature, to, be in conflict
with section 10 of article OF the con-
stitutional provision governing the appoint
ment OF officers created blythe constitution
or by law. This resulted in another case
in the supreme court, in which ii was de-
cided that the position taken by me in this
matter was correct, and that the action OF
the legislature was in conflict with the
constitution. The institution has since been
under the control OF a SUPERINTENDENT ap-
to the chief executive for, the proper dis
charge of his duties.
This state OF affairs renders the situa-
tion in regard to these two institutions
Assuming. as / have that
the Institution for the Deaf and Dumb is.
the action OF the Board Of
Public Lands and Buildings in assuming con-
troll, in exactly the same situation as the
Institution for the Blind / recommend a
revision of the two chapters referred to.
The revised law should provide for the ap-
pointment OF a board OF control or trustees,
Of three or fve members, to serve for
stated periods. with compensation fixed at
a certain amount per diem, together with
actual expenses, and not exceeding alto
gether a fixed sum during any one year.
They should be required to meet not oftener
than once in every three months for the
purpose OF examining into the general con-
dition OF these institutions and taking such
action as shall be deemed advisable for
their proper conduct and management.
HOMES FOR THE UNFoRTUSATEs.
state Control Advocated II the State
Maintains Them.
With view TO aid In the suppression OF
prostitution, the legislature OF 1881 made