The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-10-31
NO VACANCY EXISTS
DEATH OF Ex-GOV. PILLsRuRv
DOES NOT AFFECT BOARD
OF REGENTS
ATTORNEY GENERALS oPINIox
The Deceased Statesman was GiveE
Place on University Board as
Merited Tribute to His D.
Generosity.

Attorney General Douglas yesterday az
Vised Gov. Van SAINT that in his belief tSs
ceath Of John s. PiIlsbury did NOT rrearS
vacancy in the board of regents Of ths
STATE university to be filed by appoint
ment OF the governor. Hereafter, there
fore, the board will consist of twelve in
stead of thirteen members, unless the
state legislature shall make other pro
VISION. The attorney general in his writ
ten opinion quotes the law and discuss.
at some length the question which has
been raised. Following is the opinion:
section l of chapter 10 of the General
Laws OF 1885 reads as follows: Govern
ment board of regents-The goyernmerr
OF Inc university shall be vested in q
BOARD OF thirteen OBJ regents, of which
ne governor OF the state, the state su-
perAtendent OF public instruction, the
president OF the university and the Hon
John Sargent Pillsbury for and dl1Tina
ms Sood pleasure as an honorary MEM
Der, having the same power as any other
member, shall be members ex-officio. ana
the nine Co remaining members thereof
snail be appointed by the governor by
and with the advice and consent of the
senate. Whenever a vacancy therein Oc
ours for any cause, the same shall be fill
ed for the unexpired term in the same
manner. After the expiration Of the
term of the members of the present board
of regents, their successors shall be APP
pointed in like manner, and shall hold
their office for the full term of six (6O
March succeeding their appointments.
and until their successors are appointed
and qualified. The president of the uni
VerSity shall be eX-ofhcio the correspond
ing secretary of the-board of regents
The general purpose of the legislature
was to honor Mr.. PilIsbury by making
him q life member Of this board In
stead of passing a separate enactment
to accomplish this purpose, the legisla-
tura amended the then existing law ere
afirQ the hOar6
PHlSbury an honorary member having
the same powers as other members. and.
incidentally, changed the total number to
thirteen. The second paragraph provides
specifically for the appointment of nine
other members not specially designated
in the act. If the act is construed as
continuing the total number of thirteen
members after the death of Mr.. Pills
bury the provision referred to author
ling the appointment of nine members
for specific term of necessity must be
construed as authorizing the appointment
of ten members, one of whom shall serve
for another and a different term than
provided by the act in question The
clause in the act quoted, to-wit: when
ever vacancy therein occurs for any
cause the same shall be filled for the IN
expired term in the same manner" an
have no reference whatever. in my iu 8
nent, to the term of Mr.. Pillsbury, which
the legislature provided should continue
during his good pleasure. If this clause
is given any effect whatever, it must be
deemed as having reference to the power
OF the legislature, which is supreme in
the premises
I beg, therefore, to add that. in M
judgment, you are not authorized to ap-
point such successor. and that hereafter
the board of regents must be deemed 10
be composed OF twelve members.