Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-11-17
Montana's Higher Schools Would be
Seriously Hurt.

Montana's Higher Schools Would be
Seriously Hurt.
The Missoulian: Looking at it
souarely it is not pleasant to cOntem-
plate. If the opinion of Attorney Gen.
eral Galen stands the test of the
courts, Montana will be turned back
quarter of century, and at the ex-
piration of another % years will not
be so far advanced as it was 10 years
ago. It isn't cheerful to think about
and it isn't right even if by a legal
huke it be so considered. The ques-
ton of the legality of bonds, through
the issuance of which the different
higher educational institutions of the
state have been advanced to their pres
ent proud positions, came up through
the presentation of a warrant against
the normal school fund to the state
treasurer who refused payment, as
we understand it, by the advice of the
attorney general, who declares the
hormal school bonds void for three
reasons.
The law authorizes the expenditure
OF part of all of the permanent nor
NAL school fund for the payment of
Indebtedness which fund the constitu-
ton provides shall remain inviolate.
1t authorizes the income derived
from the permanent school fund to be
used for the purpose violative of the
constitution.
1t is an increase of the indebtedness
of the state in excess of 100000 with
out the law having first been adopt
ed by vote of the people at a gen.
eral election. In support Of these
views the attorney general relies upon
section II of the enabling act
| Whether the attorney general be
right or wrong the courts must decide,
and it is not within the province of a
newspaper to construe the law But
the people of Montana are vitality in.
terested They believe that there was
| full warrant for the issuance of bonds
through which money has been secur.
ed for the establishment and main.
/ tenance of the various institutions OF
| learning in the state. Before these
bonds were floated opinions of the best
/ legal minds Of the state were secur
ca and all were in accord. The right
to issue bonds was not questioned.
The university, the normal school
| the school OF mines, etc. were each
given share of the public domain
50 many acres for this, 50 many acres
for that. Believing these lands to be
what may be called the individual
property of the institutions possessing
them, the board in charge authorized
the bonding of these holdings for theil
establishment and maintenance. These
bonds found ready sale. Bond-buy
els considered them gilt-edge invest
ments, security ample and interes
safe. On some Of these bonds interes
has been collected, and, in the opinion
Of some of the best attorneys of the
state, is still collective. If the con
tention of the attorney general is cor
rect, the bonds which have been is
sued with land grants as security ar
void; in other words, are not wortl
the paper written on, and their hold
ers have security quite as worthless
as confederate money. The stat
could even repudiate it's indebtedness
it it owes anything, and there ar
those who hold that it does not; tina
the land grant bonds are not secure,
by the state, but by the state institu
tons.
Another thing must be taken int
consideration if the attorney genera
is right. If the only income available
for the maintenance of state educa
tional institutions is that resulting
from the handling of the public land
tney can not be conducted as the
!, have been, and there has been n
charge of extravaganza. Building
have been erected, equipment furnish
ed and in every institution in ques
ton inalequacy to demand is noted
The growth of these institutions ha
lot been forced. If it had not bee
fer the money derived from the sal
OF bonds, backed by ample securit!
the University of Montana, instead c
being a credit to the state, one of it
2 best advertisements, would now be Ii
t tie superior to a collection of tepee'
S Dependent solely upon it's proportio
4 Of the state funds, collected in ia
l manner said to be legal by the alto
S ney general, the University of MOI
S tana would be relegated to the ran
n of primary school with a poorly pal
n principal and worse remunerated a
r sistants. Perhaps this is trifle e.
l. tIavagant, but not far beyond that.
e There can be no gainsaying the ia,
Y that the credit of the state has bee
J. attacked and in the house of il
|. friends. Sinister motives have bee
. Vial ecu Uut tlllS dCCuSdllOu Will III
s stand. The state has been pursuin
n a policy it believed to be right, leg
!. bubbles to the contrary, notwithstan
s ing. Through this policy there h;
d been progression. That has been ar
d is desired. There can be no subsl
If tute offered for this beneficent polio
IT which will please the people of Mo
y tana unless superior to it, and it
extremely doubtful if such can be S
cured; certainly not by curtailmel
S of income to the vanishing point.
- To burden the state with an indet
e edness not far short of million dc
r lars, rendering it necessary to beg
g. again as the attorney general is
IT the opinion we should begin, won
l. be financial nfliction that would pr
C. duce -torpor from which we would n
l. arouse for many years to come. "
e were going along all rignt. We mu
n continue to go along all right. WI
e not let well enough alone?
e Presbyterian Services.