The river press. [volume] (Fort Benton, Mont.) 1880-current, 1905-11-15
AFFECTING STATE INSTITUTIONS.

y
An opinion recently given by Attor-
ney General Gslen, to the effect that
bonds based upon land grants of the
several state institutions are illegal,
Is the subject of discussion through.
out Montana. If the attorney gene
ral's opinion 10 good law, it means
that the state institutions have insult.
cieut funds for their proper mainte.
nance and will be seriously embar-
raised. The stu alton caused by the
alleged invalidity of these bonds Is
explained by the Bozeman Republi-
can.Courier in these remarks:
In 1893 the state institutions we're
created-on paper; but not one of
them had a roof over its head, and
the problem confronting the state
board of education and the several
executive boards was not so much,
how shall we maintain our institution,
o. how shall we establish it?In study.
ing this problem, the executive board
OF the agricultural college discovered
the clear distinction between the con.
ditions attached to the federal land
grants in favor of this institution, and
they devised the plan Of borrowing
money on security Of the second grant
and introduced the first bond bill into
the next legislature. Their example
was afterward followed by all the
state educational institutions.
AS a result Of this policy. We have
today our five prosperous. hourishing
educational institutions, q credit to so
young a state. and yearly growing,
both in numbers and efficiency: while,
without the money derived from these
land grant bonds, they would have
been still struggling along, con.inu.
ally hampcred by the inability Of the
state to provide suitable buildings.
Everybody is satisfied: the federal
government has not complained Of
any misuse of the grants held in trust
by the state; the institutions are PROS
pering: the state and every inhabitant
In 1t are benefited: the taxpayers are
pleased to see all the institutions built
up without direct cost to them: the
bondholders are pleased, because the
security for their loan Is ample and
daily growing in value.
The acts authorizing the bond issues
have been examined again and again
by trained lawyers, both in and OUT
side of the state; they have been re-
p~eatedly before the supreme court, and
no one has questioned their validity,
until now, suddenly our own attorney
general, of his own volition, publishes
an opinion to the effect that all these
bond issues are void; that the land
could not be pledged as security; that
the bonds, If valid, would be a claim
against the state although the acts
themselves expressly provide that they
shall not be 80 and that as liabilities
OF the state they r unconstitutional
and, therefore, void.
As the question has been raised by
the law officer of the state, the whole
question must, of course, go to the gu.
preme court, and II the court should
uphold his view, what would the re.
suit be? Why, the credit of the state
would be ruined for a generation: the
educational institutions would be Grip.
pied for years to come; the state
would have to assume IN indebtedness
Of $3.50, 600, and be burdeued with a
heavy interest charge; an extra ses-
sion of the Legislature would have to
be called, aud for a year or more to
come there would be inextricable con.
fusion in all the fairs of the state.
The people OF Montana need to
awaken to this peril0us condition of
affairs which has thus been thrust
upon them needlessly. No more i'm.
portant matter has ever come before
them. We do not say that q decision
upholding the attorney general means
ruin to the state. Montana cannot be
ruined SO easily; but there can be no
question that such a decision would
cripple the state seriously. 1t would
be q heavy blow not only to the state
institutions, but to the entire common
wealth, and the i'll effects would be
felt by every inhabitant in it., from
the governor to the youngest school
child.
Convicted Of bounty Frauds.