The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-01-04

create a state board of control and to
provide for the management and control
of the charitable. refOrmatory and penal
institutions of the state, and 20 make
an appropriation therefor and 10 abolish
the state board of corrections ald char
ties
The gist of the REALTORS c3rtentian
against the law is. that the normfl
SCEC0IS are in no sense embraced in il
a. suggested by the words OF the title
Charitable Institutions" that the nor
ma schools are so diStinctiVeiy educa
uClaI IN character as not t. re suc-
SeSted by that phrase: nence excluded
from the title as plainly as if by
Lto Flso declaring that the law should
c2t apply to those Institutions
4hereupon. the subject of The powers
ara duties of courts in setting aside
statutes as invalid, authorities almost
without number are qnoted, among them
pong such eminent jurists as Chief JUS.
tees Marshall and Shaw The supreme
&C urt justices of the Minnesota supren9o
court. past and present, are freely quoted
or this subject.
BY way of comment, the author of
tf5 opinion says:
Cbquestionahlv the first consideration
ID conSt: uIng a constitutional, or legfs-
laIVe enactment, is the remedy to be
sought and the mischief to be cured
And further the court saws in This
orir ion:
The principle has also been laid down
oy this court where a construction OF
the words of a previous statute If
adopted, in testing the sufficiency of a
subsequent act would defeat the law. that
such test was not appropriate or prom
err"
Numerous decis' ons are quoted In
which courts have literally construed
the criticised words in this title in cues
ton.
Then, departing from the legal de-
cjslons, Justice Lovely takes his inspira-
ton from an older authority and says:
Quotes ScripturaI Authority.
IF a cup of cold water given in the
name of the Master shall not lose it's
Re ward, the gift of knowledge is not OBJ
noXIous to the spirit of that divinest
quality charity, for of the three Chris
tan graces, faith, hope and CHARITY
the greatest of these is Charity, ana
no one will deny that in the execution
OF the sacred trust by the teacher he
not only receives but transmits the
blessings founded upon and extended by
charity through means to which the
definition charitable Institutions. as ap-
piled to the normal schools, is not wholly
appropriate"
further, the court says in the majority
opinion; 1T may be said to be concIu-
the validity of a statute calls for the
exercise Of the highest authority of the
forum of last review. OF that obligation
when the occasion exists, there can be
no question. but the coordination Of tire
three divisions of OBSERVATION-DISCLOSURES
judicial and egiSIative-must be kent in
violate and independent of each other
No tribunal has heretofore manifested
more decided purpose to maintain TIE
il0T.-1 hot
Of government than this court. 1t has
many times resolved doubts in favor CT
statutes, but has guarded with jealous
solicitude and earnest fidelity the pre-
negatives Of the lawmaking BODY and
the executive, nor has it's respect for the
coordinate functions of the lawmakers
been better Illustrated than when apDl{ea
to the constitutional provision which IA
here invoked to defeat enc of the most
important measures ever enacted in this
state"
Continuing the argument, the court
says:
To restate the substance of REALTORS
claim, compressed into the briefest form
ula possible. it is that charitable in
sututiOns' are not educational institu-
tons. Normal schools are educationaI
not charitable. institutions The title is
therefore. defective; hence so far as il
relates to normal schools, the law is void.
This appears plausible and. standing
alone without other considerations If i
OF apparent force, and if this were \
case Tor a strict construction of the
constitutional provision referred "a.
would be entitled to more respect than
We are inclined 10 give it. for it NAV
be conceded that in a popular sense tine
words charitable and edUcatonaP' are
dlstingu1shable. Were it not So this con-
troVersy would never have arisen. But
upon a clear understanding of the man
nef IN which it has been thought abso-
IuteIy essential to apply this limitation
OF the organic law, it seems to US that
this is not controlling, for if the words
of statutory title may in any sense
be held to embrace or suggest a mean
ing consistent with the substance of ~
law the court should not take such a
narrow view of it's purpose as to set
aside or repeal any of its provisions f0r
a defect in the title; to do so would be
usurpation by the court of legislative
powers.
Educational Institutions
To show that the legislature in enact
hs the law had the educational insti-
tutons in contemplation, the court says:
IN section 49, chapter 122, G. l.. 1901 Of
the act IN question we find the following,
language: Such board of control shah
nor nave control over or authority to
olsburse any private donations to
any educational institution OF this state.
hut said private gifts shall be
applied by such various boards OF the
said educational Institutions
Other quotations from the law are cit
ed to indicate the manifest intent of
the legislature
In conclusion. the majority opinion
SAYS: The question before US. as We
have attempted to show, is not whether
this statute has the best title. and IS
wisely labeled but that its title is not
so foreign to and unsuggestive of the
provisions relating to the normal
schools that we must hold that the
oody enaeting the law have been de-