The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-10-29

state normal board aforesaid and the re-
spective members thereof, and of your
relator, j. w. Olsen, imposed by law,
the respondents and each thereof, pre-
tending to act under and pursuant to the
said chapter 1922 and as if the said chap
ter conferred full authority upon it in all
financial matters of or pertaining TO
the several normal schools of this state,
and to the exclusion in such regard OF
the said state normal board, and the
members thereof respectively, have, and
each of them has, wrongfully and I'M
lawfully usurped, intruded into and In
terfered with, and is now usurping, in
truding into and interfering with the
respective offices and lawful rights and
duties of the said state normal school
board, and the respective members there
of, and your relator, j. W. Olsen.
That said schools heretofore have been
and now are, wholly maintained by the
state OF Minnesota from taxes colIected
upon the taxable property of the state,
together with certain fees paid by stu
dents attending such schools. That up
wards of two thousand (2,OOO pupils are
now in attendance at said schools, and
each student, except those who agreed
to teach in the public schools of the state
state for period of two (2) years, is
charged by said normal board, and pays
to the state of Minnesota the sum of
thirty dollars $500 tuition per annum.
Claim Right to Let Contracts.
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 the first day of August, claimed
and maintained, and attempted to exer-
else the franchise and right to make and
execute all and every of the contracts
necessary to be made 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 de-
scripub4, furnished by the state fox said
normal schools, or for the employment
OF professors, teachers, janitors and
other persons employed or to be emp,oy-
ed therein, and in connection Herewith,
except as to number of teachers and the
salaries thereof; and In furtherance and
In virtue of the right of franchise, SO
continuously claimed, maintained and at
tempted to be exercised by it. as arore-
said, the said board of control did here
to1ore, and on or about the 10th day of
october, 1901, demand and require of the
state normal school board that certain
po!lcleS OF fire Insurance appertaining, TO
SAID normal school buildings be sur
thereof; and did, on or about the nth
day of August, 1901, demand and
lnSlst that certain installmen1
OF money, amounting in the ag-
dred 4,S0O dollars, due upon certain
contract duly entered into for the cree
tion OF a normal school building at said
CITY cry, OF Duluth, could not lawfully be
pau Oul VI the STATE treasury without
the approval of the said board of con-,
troll first given and Endorsed upon the
vouchers therefor; and did, on or about
t tne Z2d day of August, 1901, and at other
tlmeS, 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 Aug. e. 1901, seek to appoint
each OF the respective presidents of the
several normal schools of the state its
for the normal school with which he was
connected; and did, prior to said last
named date, assert and exercise the right
10 retuse the allowance of a certain esti-
mate for the Introduction of manual
training into certain of said normal
schools; and did, prior to and on said last
named date, assert and maintain the
rlght and duty to prescribe how text
DOCKS and supplies should be furnished
students attending the several said nor
mai schools; and did, on the last named
date, in its written communication ad-
dressed and transmitted to the secretary
OF the said state normal school board as
Sert and maintain 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 oath day of August, 1901, in it's letter
OF that date, over the official signature Of
me +he respondent Leayitt, as chairman
Ihereof, addressed and transmitted to the
secretary of said state normal school
board, assume and exercise the right and
duty. to decline to approve certain
vouchers for the payment of moneys on
account Of said Duluth normal school:
and did, in it's letter bearing date the
18th day of August, 1901, over the Of
fetal signature of its chairman, addressed
and transmitted to the secretary of said
state normal school board, assume, assert
and maintain the right and duty to exer-
else control over the several normal
schools of this state as aforesaid, and
did therein declare its purpose to be to
require Such schools to live within the
appropriations made by the legislature
for such schools.
BOard of Control Notified.
Copies of the petition and order of the
court were served upon Chairman Leayitt
and Mr.. Lee, of the board of control, YES
terday afternoon, by Assistant ATTORNEY
General c. w. Somerset. Judge Gould,
who had spent Sunday at his home in
W1nona, had not yet returned
MeSsrs. Leavitt and Lee said to the
e e late yesterday afternoon that
their board had not yet secured legal
counsel in this matter, but would take
the question up this morning with Judge
Gould and settle it at once They stated
that outside counsel would in all nroha-
bility be retained. It is understood that
the board has already conferred with
Harris Richardson, of this city, as to
the validity of the board of control law
and received from him satisfactory adj
vice, so it is believed that he will be Sc
lected to represent the board in this con-
tention.
The members of the board Of control feel
that the time allowed them for prepa ra-
ton is very short Mr.. Lee, in speaking
of this phase of the matter said: 1.-THE
normal board has taken nearly a month
TO prepare its petition, and now we are
I allowed but two days, exclusive of the
day of service, to file our answer. THAT
seems to me hardly fair or courteous
We will have to secure an attorney. and
presume he will require some time to
familiarize himself with this affair and
| look up the law
Although neither Mr.. Leavitt nor Mr. Lee
stated positively that they would ask the
court for further time, their remarks
were such as to indicate plainly that they
| would dn en-