The Red Cloud chief., 1897-01-22

sense OF sight and the other for those
who have lost the sense of bearing. View
ing the subject In this lisht. and yet not
wishing to exercise any control or SUI
pervision that might not have the APP
proval OF my fellow state officers Com-
posing the board OF public lands and
buildings. I requested the attorney gen-
eral for an opinion as TO whether the IN
stitute FOR the deaf and dumb was OF the
same character and standing as thr tnsti-
tuition for the bind; in other words.
whethr II was an educational Institution
or an asylum. within the neaning OF the
constitutional provisions cited above. In
nm opinion which will he found In his
report. the attorney general passes upon
the question adversely to the yNsit on
taken by my sclf. with all due Difference
to the opinion of tho attorney-general. l
nm convinced that both OF these institu-
lions are educational In their character
and should be treated NJ such. This view
IL held by their superintcndents and the
method OF the work In operation In each
Of them clearly demonstrates 1t to be cor
rect.
After the latter opinion Of tho supreme
court respecting the legal status OF the
Institution for the blind. tome effort WAS
made by the last Legislature to enact a
law respecting It's government, but for
some reason 1t failei TO pass both branch
es Of the legislature. An effort was then
made to fall back on the old Jaw enacted
at tho time OF the creation OF these In
stitutlons and elect trustees by q Joint
session OF the legislature AS provided by
the original act. This section having been
abrogated by the adoption OF the cons,i-
tuition, I deemed II my duty to refuse to
recosnize these so-callcd trustees or any
of their acts. believing the action OF the
legislature to be In conflict With section
10 OF article 5 of the constitutional provi-
.tAn ~aNnrptnu tha nnnAint mont nf nnn-
GERS created by the constitution or by
law. THIS resulted In another case In tho
supreme court. In which II was decided
that the position taken by mo 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 SUPER
intcndent appointed by the governor and
responsible 10 tho chief executive fer tho
proper discharge OF his duties.
This state OF affairs renders the situa-
ton In regard to these two institutions
unsatisfactory. Assuming IA j have that
the Institute for the deaf and dumb IT,.
notwithstanding the action OF the board
OF public lands and buildings In assum-
ing control. In exactly the Same sltuatica
as the institution for the blind, l recon-
mend a revision OF the two chapters re-
ferred to. The revised law should provide
for the appointment Of a beard OF control
or trustees OF three or five members to
Serve fer stated periods with compcnsa-
ton nxed at "A certain amount per diem.
together with actual expenses. and not
exceeding altogether a fxed sum during
any one year. They should be required
to meet not oftener than once In every
three months for the purpose Of examin-
ing into the general condition OF these
Institutions and taking such action MS
shall be deemed advisable for their proper
conduct and management.