The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1901-11-08

were mixed in such confusion to-day in
the normal school boards quo warranto
proceedings against the board Of control,
tnat there seemed remote prospect of
settlement by the supreme court
The case was set for argument this
morning, but the time was taken with ar
gumant of the case of the city of Du-
lutn against the Duluth Telephone com
pany, and the quo Warranto case was not
reached until 1870 D. n
Harris RichardsOn's Contention.
Harris Richardson, attorney for the
board OF control. filed voluminous an
sWer this morning, setting up the claim
tnat the normal schools are charitable in
stltutions. He also brought in the his
tory of the normal schools, alleging their
deficits as reasons for the board of con-
trolls assumption of authority.
This brought into the suit numerous
side tsues, the attorney for the normal
board, to get the case pared down to the
point of constitutionality of the law, Of
fered to dismiss all the pleadings and en-
ter into stipulation, agreeing that the
board OF control has attempted to exercise
authority over the normal schools.
This, Mr.. Richardson refused to do, and
the following demurrer was therefore
filed:
Now come the relators and demur to the
tied proceeding, containing new matter, be-
cause upon its face it does not constitute a
defense. Lafayette French,
Childs, Edgerton & Wickwire,
Attorneys for relators.
w. B. Douglas,
Attorney General
The demurrer has the effect of admit
ting all facts that are we'll pleaded, but
denies the conclusions OF law. 1t there
fore brings the question down to it's
legal aspects.
Control Boards Answer.
The answer filed by Mr.. Richardson
goes much into details.
Attention is called to the fact that
chapter 122, Laws of 1901, specifically pro-
vides that the board Of control shall have
and exercise full authority in all finan-
cial matters of the state university, the
state normal school, the state public
school, and the schools for the deaf and
blind.
1t also provides that the board of con-
rtrol shall disburse all public moneys OF
the several institutions named and shall
have the same authority in the expendi-
ture of public moneys appropriated there
for as in the other institutions named In
said act, except in the matter of beuuests
to the educational institutions, which
shall apply to the institutions as pro-
vided by the terms of the gift or bequest
After detailing the provisions of the
law as to the duties Of the board of con-
troll, the answer alleges that the state
normal schools are and ever have been
charitable institutions; that the first
three normal schools were established
by chapter 79, laws of 1858, for the free
education and preparation of teachers for
teaching IN the public schools of the
state; that by the terms Of that act S.. .OOO
was appropriated for the use of each
school, but the $4,000 for each school
could not be made available until there
had been donated to the state of Mime
sofa for that particular school $5 900 in
money and lands, or $4,000 in money for
the erection Of necessary buildings and
the support of professors and teachers
Other conditions were attached among
them that the schools should be located
in healthful localities and convenient to
the use of the public schools; that stu
dents should engage to become teachers
in the public schools for a given length
of time.
Gifts to Normal Schools.
Under these circumstances many chari-
tably disposed persons donated over 2OC
acres OF land in Winona county and over
twenty-eight plated lots in Winona, upon
condition that the first normal school be
located there. In addition to this other
charitably inclined persons gave from $50
to $500 each in money to the institution,
and many other charitable persons do
mated books to the number of nearly 1 ZOO
volumes, with maps, etc, to the Winona
school. The city of Winona donated
$4,000 for the use of the school In the
free education of teachers.
When the second normal school was es-
tablished at Mankato in 1856. the citi-
zens donated $4,000 in money and large
amount Of valuable land Similar dona-
tions were made at st. Cloud and at Moor
head. S. G. Comstock, being charitably
inclined, donated large tract Of land to
be used as site for the fourth normal
school located at that place. At Du-
luth, too, the citizens donated a tract OF
very valuable land for the fifth normal
school,
In further support OF the theory that
the normal schools are charitable fnstt-
tutions 1t is cited that prior to 1885. over
5000 books had been donated to the nor
NAL schools, then in existence.
Then the answer goes into appropria-
tlons, and shows that aside from sums
donated for buildings, etc, by the state.
there had been appropriated up to July
81, 1901, inclusive, the sum Of 81, 1892, ,211. .04
for the support Of the schools; that there
has been appropriated for the year ending
July 81, 1902, the further sum of S137. 900,
making total Of 81, ,119, Pill O4, for support.
In addition to this, the state has ex-
pended for normal school buildings and
equipment, in addition to the funds Gre
ated by private benevolence, 1874. .631
making total appropriation, aside from
private contributions, to Aug. l. 1901. for
said schools, $2,776,204.O4 There has
been appropriated and subject to future
disbursements for buildings and equip
ment, the further sum of $11, ,SO2. .36. Add
ed to this. the sum OF $1S7 900 for support,
which is to be disbursed during the ensu-
Co.4sa .. -. =.