The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-10-01
APPEAL TO COURTS
NEXT STEP IN BOARD OF CONTROL.
CONTROVERSY WITH NOR
ANAL BOARD
DUNN Maya BE MANDAMUsED
Duluth Contractors Have $4,000
coming; and Want the Money
-Dfrecter Phelps Gives
az His Views.

Inc long drawn out controversy be-
tween the shOarfcof control and the state
normal school board promises to come to
a mead very soon, now. The normal board
Will DE forced to take some action short
~. A great dead of speculation has been
gong on as toeihow Director Phelps of
the Duluth school, who has gone on and
let contracts regardless of the board of
control, would settle the bills that will
soon be due. The contractors on the Du-
lutn building will have their work COM
pleted in short time now and will want
payment for their work They will have
nearly $4,000 coming to them. They have
received no money al all for the last three
months, or since the normal board first
locked horns with the board of control.
Director Phelps has LAID the blame on
the latter board and has stirred up con-
siderable resentment in the Zenith city
because of the status of affairs. Mr..
Phelps will send the September pay roll
to the auditing committee of the normal
board as usual, and it will be approved
by that committee who will send it to
the auditor, who will refuse to pay it.
Mcleod & Smith, the contractors, will
have to sue the normal board or man
damuS State Auditor Dunn, and the latter
is the course they will probably pursue.
This would soon bring the matter into the
supreme court.
F., WHAT PHELPS SAYS.
Director Phelps has given out the fol-
lowing statement of the case from his
point of view, in reply to the many re-
cent stories in the press concerning the
difficulty:
The normal board at it's last meeting"
said he, appointed a committee of three
to confer with the board of control for
the purpose of formulating a series of
questions covering the differences be-
tween the boards as well as the general
question of the conStitutionality of the
law. said questions when formulated to
be submitted to the attorney general for
decision, also that the attorney general
grant to the" two boards public hearing
for discussion of the questions. The
normal board included in it's action the
further condition that the opinion and
findings oftthe attorney general should be
accepted as final by both boards.
"A public hearing was to have been
held only after the consent of the board
OF control to abide by the result anu
that the board of control would not agree
to do. After refusing to submit the mat
ter of the constitutionality of the law
as affecting: the educational institutions
of the state, the board of control did
agree to submit the matters on which
the two boards might differ in the con-
structiOn of the law. The board of con-
troll now refuses to do that and no public
hearing wills be held.
1.-THE normal board must have another
meeting said Prof Phelps, land de-
eide definitely whether or not the ques-
lions in dispute shall be taken to the SUI
preme court. 1t will be seen that the
board of control has acted in bad faith
with the normal board. 1t has attempt
ed to assume rights and prerogat1ves of
the normal board and not hestated when
it saw it was likely to lose it's advantage
to deliberately repudiate it's agreement,
with the normal board