The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1901-10-28
Quo Warranto Begun Against
Control Board.
CITED FOR THURSDAY
When 1t Must Justify Its Attitude
Toward Normal Schools.
EXTENSION OF TIME PROBABLE
The Action Promises to Be Hard
Fought by Both
Parties.

Five justices of the supreme court this
morning heard the petition of Attorney
General Douglas and j. w. Olsen, state
superintendent Of schools, and on their re-
lation granted a writ of quo warranto di-
rected against the state board of control.
The writ is returnable Thursday. On
that date the members of the board Of
control are summoned to appear ito show
by what righ- or warrant you have
usurped and intruded into, or inteffered
with tha Offices, franchise, rights, func-
tions, prir-ieges and ties of the state
normal board"
The writ was granted al the date
fixed after a brief consultat ion. and was
filed with the clerk OF the supreme court.
G. w. Somerby, assistant attorney gen
eral. served copies Of the writ this aft
ernoon on Messrs. Leavitt and Lee, of the
board Of control. Judge Gould is in Wi
mona, and the board members have not
decided whom to retain as counsel. They
will probably ask for an extension of time
in which to file their answer.
Test of the Writ.
The writ embodies information supplied
by j. W. Olsen. member of the state nor
nal school board, and of w. B. Douglas,
attorney general. It recites the compost
tion of the normal board, the laws under
which it was formed, the fact that normal
schools are maintained under its author
ity at certain places, and that by virtue
of the laws of this state" the general
supervision, management and control of
these institutions are vested in this board.
The writ then proceeds:
Fifth-That Notwithstanding the rights, |
powers, authority and duties of the state
normal school board aforesaid and the re
spective members thereof, and Of your re-
lator j. w. Olsen, imposed by law, the re- |
spondents and each thereof, pretending to act
under and pursuant to the said chapter 122, |
and as if the said chapter conferred full au-
thorty upon it in all financial matters Of or
pertaining to the several normal schools Of
this state, and to the exclusion in such re- |
gard of the said state normal school board |
and the members thereof respectively have |
and each of them has, wrongfully and un- |
lawfully usurped, intruded into and inter
into and interfering with the respective offices
and lawful rights and duties Of the said state
normal school board, and the respective mem |
bers thereof, and of your relator, J. W. Oh |
sen.
That said schools heretofore have been and |
now are wholly maintained by the state of |
Minnesota from taxes collected upon the tax |
able property Of the state, together with GER
tain fees paid by students attending such |
(2,000 pupils are now in attendance at said |
schools, and each student, except those who |
agree to teach in the public schools of the |
state for a period of two (2) years Is /
char ged by said normal board and pays to !
the state of Minnesota, the sum of thirty
dollars $500 tuition per annum.
Sixth-That the said board Of control Of
state institutions, and the respective members
thereof, as aforesaid have and each of them
has continuously ever since said 1st day Of /
August, claimed and maintained. and at
tempted to exercise the franchise and right |
to make and execute all and every of the con-
tracts necessary to be made and executed for |
the erection, repair or insurance Of buildings, |
erected or to be erected, for the use of the
said normal schools, or for the purchase of |
all supplies of every character and descrip-
ton, furnished by the state for said normal
schools, or for the employment OF professors,
NmDlOyHd
or to be employed therein, and in con.ection
except as to the number of teach
ers and the salaries thereof; and in further
ance and in virtue of the right and franchise.
so continuously claimed, maintained and at
tempted to be exercised by 1t, as aforesaid.
the said board of control did heretofore. and
on or about the 10th day of October. 1901 de-
maad and require of the state normal school
board that certain policies of fire Insurance
to said normal school buildings
be surrendered to it as the lawful custodian
thereof; and did, or about the 18th day OF |
August 1901, demand and insist that a GER
tain insta1lment of money, amounting in the
aggregate to more than forty Eight hundred
a 5000 dollars due upon a certain contract |
duly entered into for the erection Of a normal
school building at said city of Duluth. could
not lawfully be paid out of the state treasury
without the approval of the said board of con-
troll first given and indorsed upon the vouch-
ers therefor; and did, on or about the 22d
day OF August. 1901, and at other times, claim
and insist upon the right and duty to approve
and allow all and every of the payments OF
salaries and other moneys due to professors,
teachers and other employees employed in and
about said normal schools before the same
could lawfully be paid; and did, prior to Au-
gust g. 1901, seek to appoint each OF the
presidents OF the several normal
schools Of the state its agent for the local
purchase Of supplies for the normal SCHOOL,
with which he was connected; and did. prior
to said last-named date, assert and exercise
the right to refuse the allowance Of a certain
estimate for the introduction Of manual train
ing into certain of said normal schools; and
did, prior to and on said last-named date. as
sert and maintain the right and duty to pre-
scribe how text books and supplies should be
furnished students attending the several said
normal schools; and did, on the last-named
date, in its written communication addressed
and transmitted to the secretary of the. said
state normal school board, assert and main J
tain that the law places the financial affairs
of the normal schools of the state absolutely
under said board Of control except as to the
number Of teachers and their salaries; and
did, on the 24th day Of August, 1901, in its let
ter Of that date. over the Official signature of
the respondent Leavett as chairman thereof