The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-03

' State normal schools are charitable in
stitutions, for the purposes of the board
OF control act, and are subject to the
financial supervision of the state board of
control. .-..-- -----.-----... ..-
So held Justices Lovely, Brown and
Lewis, of the supreme court The long
awaited opinion was handed down this
morning, and furnished a surprise to
all concerned. The court was known to
be divided, but the general opinion was
that the normal board would win.
, The normal board will have to knuckle
down to the board of control, and submit
to the financial direction of that body.
University May BE Affected.
What is more, the majority decision is
broad enough to include the state uniyer-
sity under the act, and make it equally
subject to the board of control, if that
body asserts it's authority.
Two Dissenting Opinions.
Dissenting opinions are filed by Chief
Justice Start, and by Justice Collins, who
hold alike, but make separate arguments.
Both are very positive in arraigning the
majority decision as bad law, and do not
m1nce words in saying so. Judge Collins
is particularly vigorous. In concluding
his opinion, which includes twenty-four
folios, he says:
| cannot agree to the doctrine of the ma
)or1ty that while the state university, the
normal and other public schools are not az
"a matter Of oh r;+o
they are just charitable enough to sustain the
title to chapter 122.
10 the thousands who have attended GU,
state university or our normal and public
schools and have received instruction therein
in the belief that they were exercising ar
absolute right instead of accepting benevo.
lence, the information that they have beer
educated in charitable institution, or institu
tons charitable in any sense, or for any pur.
pose, will come as surprise, perhaps un.
pleasant possibly amusing To them and tt
all who have taken pride in these institutions
Of learning may come the depressing convic
ton that after all education in this common.
wealth is nothing but mere boon which We
may grant or withhold at pleasure that ou1
schools are simply gratuities which we car
furnish or not, we choose and that oul
entire educational system, instead of beins
the unreasonable right of all residents ii
this land, as we have boosted, Is bounty
and, therefore, in the same category as hos
pitfalls for the insane, homes for the INDECENT
and other institutions of a charitable char
acter.
can arrive at no other conclusion thar
that by the majority opinion the constitution
al provision in question has been circum
scribed until it is of little value or, to use the
words of the great Chief Justice Marshall
under like circumstances, it has been IRE
stricted into insignifcance.'
In another place Judge Collins char
acterizes the courts conclusion as "fal
fetched.''
How the Majority Rules.
Judge Lovely sums up the majority rul
ing in the syllabus as follows:
First-Under claim that a law is invali6
because in conflict with section 27, article
A. state constitution, declaring that 'tevery
law shall embrace but one subject, which
shall be expressed in it's title' canons Of
construction have been adopted by this
court which may be summarized as follows
That every law is presumed to be valid
that this provision Of the constitution is tc
be literally construed, and all doubts re-
solved in favor of the law; that the title
should also be literally construed giving to
it's general words paramount weight; that il
is not essential that the BEST or even ac-
CuTdLG WOIuS Ill lie LlL1e DC euplOyeu, Dut
that the remedy to be secured and mischief
avoided is the best test of it's suffciency to
prevent such rule from being made a cloak
or artIfce to distract attention from the
substance of the act, provided the title be
fairly suggestive and not foreign to the
purpose of the statute.
Second-That from a consideration of the
title, chapter 1872, Laws 1901, which reads as
follows, IAN act to create state board of
nd RI do for no ont
and control of the charitable, reformatory
and penal institutions of the state, and to
make an appropriation therefor, and to abol
ish the state board of corrections and chart
ties,' it may be assumed that the phrase
charitable institutions in the title rem
der the liberal rules of construction applica-
BILE to such cases, is within the legal tests
provided and fairly suggestive of the SUI
pervision by the state board of control of the
finances of the state normal schools and not
obnoxious to section q, article 4, of the state
constitution.
Writ of Custer Denied.
Writ Of custer, prayed for by Attorney
Genral Douglas, is denied. In the opinion
of the majority, Judge Lovely says thai
the views of policy of the law are not be.
fore the court. The first proposition lait
down is
The duty of a court to set aside statute
because it is invalid is peculiarly an incident
of our national and state policy.
This is bolstered by numerous dicta, be-
ginning with Chief Justice Marshall, and
Judge Lovely then says:
1t may be said to be concusvely settled
that the duty to pass upon the validity of {
statute calls for the exercise of the highest
authority Of the forum of last review. d
that obligation, when the occasion exists
there can be no question, but the co-ordina-
ton of the three divisions of government
executive, judicial and legislative-must be
kept inviolate and Independent of each other
No tribunal has heretofore manifested {
more decided purpose to maintain the proper
equilibrium between these powers of govern.
| ment than this court. 1t has many times re.
solved doubts in favor of statutes. but has
guarded with jealous solicitude and earnes
fidelity the prerogatives of the lawmakins
body and the executive. nor has its respect fol
| the coordinate functions Of the lawmakers