Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1901-02-01
SOLDIERS HOME BOARD

HOME BOARD.
Gov. Herretd Appoints Commissioners
Lees Late Appointments Illegal.
Capt. Lucas Again.
Pierre, S. d., Jan. 26.-(Specials to
Argus Leader and Sioux City Tribune
There was wailing and gnashing of
teeth in the headquarters of the Fall
River county delegation in the legisla-
ture when Gov. Herreid announced
that he had concluded to indorse the
candidacy of Captain w. V. Lucas for
the soldiers home. John l.. Burke
aud his colleague, Representative
Kelly were ardent supporters of DIR.
Stewart OF Hot Springs for the posi-
tion and we're greatly put out when
they found that their Endorsements
had been turned down. Captain Lucas
will resign his place as the register of
the Cham mber!ain land Office to accept
the position of commandment. 1t will
probably be some time before Lucas
can get into his place unless Linn con-
cludes to resign and the fusionists on
the board feel liko appointing Gov.
Herreid's choice The statement was
made in the Locke lobby that Lucas
had been appointed and was believed
by many, but il grew out of the fact
that the governor had agreed to give
his ;nfiuenco 10 Lacas.
Captain Lucas of Chamberlain feels
very confident that he will receive the
appointment of commandant of the
Soldiers Home at Hot Springs as soon
as the board OF commissioners is rec
ognized and says that he is willing to
resign the receivership oil the Cham
beriain land office to take the position.
The land Office place is supposed to
be worth, more money, but the position
of commandant seems to have attruc-
tion for old soldiers superior to any
thing else. "Old Shady" was comman-
dant for several years in times gone by
and it is stated that he gave very good
satisfaction.
Following is the text of the opinion
rendered by Attorney General Pyle i'll
-swhich he held that the recent appoint
ments OF William NJ. Cuppett and S,
I'll. Bronson as commissioners of the
Soldiers Home were made i'm contra
vention OF law:
"Hon. Chas. n lIerreid, Governor: l
have your favor OF yesterday asking
my opinion upon the question Of your
duty in reference to appointing mem-
bers of the Soldiers Home board.
Chapter IA OF the laws of 1889, as
amended by chapter 165 of the laws of
1852, provieds for the government of
this board and is as follows: 'The
general supervision and government of
said Soldiers Home shall be vested in
board of five commissioners, who
shall be appointd by the governor
with the consent of senate. The mem
bers of said board shall hold their
office for the term of two for two years,
two fol four years and one for six
years, from the 1st day of April next
after their appointment. Appoint
ment for any expiring term of any
member or members OF the board are
to be made during the session of the
legislature next preceding such eXpir.-
ton
II find that under this law L. f.
Clough was appointed February %,
1895, and that his term expires April l,
1901, Harvey Gunderson was appoint
ed March 6, 1897, for a term beginning
April l, 1897, and that his term expires
March 81, 1903. A. l.. VanOsdel was
appointed at the same time as Harvey
Gunderson, and his term expires at
the same time. The name of S. H.
Bronson was submitted to the senate
for approval in 1899, for the term be.
ginning April l. 1899. but it appears
this appointment never was approved
or confirmed by the senate o. E.
Dewey WAS appointed March 30. 1893.
for six years beginning April 1, 1893.
His term therefore expired March 81,
1880 His name was submitted to the
senate in 1889, but was not confirmed
by the senate. Afterwards he was ap-
pointed by the governor, first with Il
commission that specified that it was
for the term ending March 81, 1901
Afterwards he resigned and William
M. Cuppett was appointed November
II, 1900. His commission specified
that it was for the residue of the term
of six years of O. T.. Dewey, resigned
81 am of the opinion that this case
is no different in principal than that
of the board of charities and correc.
tions. The law plainly provides that
these appointments shall be with the
consent of the senate. 1t specifically
provides that appointments for an ex