The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-23
FAIAL DEFECT IN TITLE
LAW CREATING BOARD OF CON-
troll MAY HE PRONOUNCED
VOID
ct MUST BE AMENDED
Competentn7AutIY Hold That
the Board Cannot Operate
Under 1T as 1t Now
Stands.

by reason OF the defect in the title of
the act by which it was created, the
BOARD or control, as has heretofore been
pointed out, may be debarred from en-
terlng into Service when the time comes.
1t Is now the contention that either this
detect will have to be corrected, or the
piil made to conform with the title. The
Dill, it VIII be remembered. provides that
the board shall have control of all the
state institutions, which includes the
state university and other educational
as well as the correctional and charitable
institutions. But the title of the act
Speclres the correctional and charita-
pie as distinguished from the ''educa-
tionaP institutions and in this lies the
flaw.
Ihe most generally accepted view by
tnose whose knowledge of law has en-
abied them to give the matter compre-
renslVe study, is that the courts will
hold that this act comes within the
statute which requires that in order to
validate portion of law to which
thefe IS no question, but of which an
other portion is invalid it must be con-
elus1vely demonstrated that the legisla-
ture by which the act was created, was
favorable to that portion pronounced in
valid
In this particular case there is no
question at all as to intention of the ma
Jor1ty members of the legislature. Both
houses were favorable finally to the edu-
cationaf as we'll as other state
institutions being placed under the do
mlnlon or this organization and, but for
a blunder on the part of those whose
duty 1t was to look out for such things
there would not now be any discrepancy
between the title and body of the bill
BOARD CANNOT TAKE CHARGE
While official authority is lacking for
the statement. ii has been asserted that
the board OF control cannot assume
charge of the work for which it was
created until the act has been amended
either at ahspecial Or regular meeting
of the legislative This certainly would
defeat the dhjeet of those by whom this
Dill was rafsroaaied through both houses
OF the legislative, as it was their in
tent1on for tlleS new board to go into
service in AaIg1st. From former de-
eisions the supreme court seems quite
determined that the validity OF the act
would have to, be established by the
process as mentioned above, but nothing
has been advanced showing that the act
could be made operative without furthe1
reference to the Legislature.
IT. by a change in the title or amend
ment in the bill, the measure is made to
include within its operations the state
university, the will and pleasure of a
great many of the legislators will be
complied with. Representative Albert
Berg, formerly secretary of state, who
has very extensive acquaintance with
the various state Institutions, probably
voices the sentiment Of number of his
colleagues when he says:
of all institutions this should be the
first one to be given over to the financial
management of this board Of control.
Even if the others were not included, I
should favor placing the university under
the boards direction, so far as finances
are concerned.
Mr.. Berg was not. without reasons for
his position. He holds that too much
material used by the university is pur-
chased outside OF the state. Minnesota
dealers are left out of consideration and
this will commend itself to nearly every
Minnesotan as bad sort Of manage
ment. Such articles as stereotype en-
gravures, printing, etc., are procured in
Eastern markets, very largely Philadel-
phia, not because they could not be Oh
tanned just as well here in Minnesota, but
for some other more oE3vious reason
Mr.. Berg points out that there are nu-
nlerous Institutions in this state where
such work could be done at just as low
cost and just as satisfactorily as IN the
East. He insists that a board of con-
troll would correct this very unfair prac-
tice and give the industries of Minnesota
a chance to compete with their neighbors
in the East