The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-07-02
Decision of Judge Williston
in Red Wing Training
School Case
INJUNCTION is GRANTED
Court Holds, However, That InValidity
of Clause Means That Appropria
for School Is Not Avail
able.

w. 3. Douglas, state attorney gen.
eral, has just received a transcript of
the recent order and memorandum of
Judge w. G. WilliSton in the district
court at Red Wing in the suit involv-
ing the authority of the state board of
control to establish girls department
of the state training school at some
place other than Red Wing, as was
the avoWed purpose of that board.
The title of the case, which was
heard at Red Wing May 2, is: state
of Minnesota upon relation of William
ColVille, plaintiff, against Board of
Control of State Institutions, Silas w.
LeaVitt, William E. Lee and Osra b.
Gould, as members of the State Board
of Control of State Institutions" and
the order of the court, which bears
date of June Il, grants a temporary
injunction restraining the defendants
from carrying out or executing, or
attempting to execute, any of the pro-
visions of subdivision B, section 81,
chapter 3S1, of the General Laws of
1901, which is the clause upon which
was based the boards assumption of
authority to separate the two branches
of the state training school.
Judge WilnstOn, in his memoran-
dunn, takes the ground that the para
graph of the law which has been called
into question in this case is as a
whole and in detail void, and holds
that if such be the law there Is no
purpose to which the appropriation of
$4,000, which was contemplated in
the enactment of the law, can be di-
verted.
This in effect would not only deny
the board authority to locate the girls
department of the state training school
at any place other than Red Wing, but
further than that would deprive the
board of the means whereWith it was
purposed that addition to the institu-
ton should be built, leaving Red Wing
as the matter now stands in the posi-
tion of having 'cut off it's nose to spite
its face"
Following is that portion of Judge
WillistOn's memorandum bearing upon
this phase of the question:
Clearly those parts of that act that
provide for the division of the existing
its name, for the establishment of a
school to be known as the Minnesota
State Training School for GirlS-for the
removing of the girls department of the
present training school from its present
location; for the appropriation of SAB, 900
for the purpose of purchasing site for
SAID school for girls, and the erection,
furnishing and equipment of two cottages
thereon, and other provisions contained
in said paragraph of subdivisions 'B
and C respectively, of said section 27,
are obnoxious to the objection that they
are respectively in conflict with section
q, of article of the state constitution.
Upon the hearing it was suggested
that that part OF paragraph 6, subdivision
''B." section q of said chapter 3S1, APP
propriating $43. 900 for the purpose of
purchasing a site for the proposed school
to be known as the Minnesota State
Training School for Girls, can be sustain
ed if other parts of the section are in
violation Of section q, article A, of the
state constitution.
''To my mind it is clear that the provis-
ions of paragraph 6. subdivision ''B." of
said chapter are. in whole and detail,
void. If that be the law then there is
no object to which that appropriation is
applicable.
The relief demanded in the complaint
should be granted