Omaha daily bee., 1909-04-15
Though Member Of Board Under Law,
Holds it Invalid.
o WARRANTS FROM AUDITOR
Legal Opinion is Two Subjects Clearly
Contained in Bill.
BUSINESS IS NOT INTERRUPTED
n. ,. Majors Elected President and
Superintendent Graham of south
Omaha secretary-JnniOr
Normal Principals.
CFrom a staff Correspondent


| LINCOLN, April 14.--(Special. l--Not-
withstanding Auditor Barton presented to
the new State Normal board a decision
by former Supreme Court Commissioner
| f. c. Calkins that the law under which
| it was appointed was unconstitutional,
the board proceeded to meet In the office
of the governor this afternoon and or
ganze. Treasurer Brian refused 10 meet
with the board The following officers
were elected:
T. j. Majors. president,
N. M. Graham, secretary.
President Majors appointed the follow
ing committees:
.Auditing-state Treasurer L. G. Brian,
n; Nj. Graham. w. II. Green.
M 80 XIeScutive-Fred A. Nye, T. J. Majors,
Teachers, and Employes-E. C. Bishop,
N. M. Graham. It. j. Majors.
Text Books and Libraries-Fred A. Nye.
E. c. Bishop, e. l.. Adams.
S1Tdieiary-E L. Adams, Fred A. Nye.
PTinting,w. II. Green. E. L. Adams.
N. M. Graham.
On recommendation of state superin-
tendent Bishop the following were reap
pointed as principals of Junior normals:
O'Neill-Dr. III. X. Wolfe
Alliance-Superintenden D. w Hayes
North Platte-Dr. ]. A. Beattie
McCook-Superintende c. w Taylor
GeneVa-Superintenden r. w. Eaton.
Somc Yet to Follow.
The committee on teachers will select
the heads of the other junior normals
after conference with the state superin.
tendent. These are located at Valentine.
Broken Bow and Alma. The junior nor
mails are to begin June and continue
eight weeks. The board proceeded with
routine work just the same as If there
was no other board In existence. Presi-
dent ]. w. Crabtreet of the Peru normal
asked permission TO arrange for the sum-
mer school session. This was referrei
to the committee on teachers and en-
ployes, the Kearney Normal school to be
included. President A. o. Thomas of the
Kearney normal was not present
The members of the new board met in
the office of the governor this afternoon
and though Treasurer Brian was invited
to attend he refused to do So holding
that the law which created the board was
invalid. Auditor Barton was called be-
fore the board and he read to the men-
bers Judge Calkins' opinion of the law
and informed the members that he would
not issue warrant on it's vouchers until
the board had established it's legality
Judge CaIIxIns' opinion.
In his opinion Judge Calkins recited the
history of the various laws which provided
Tor the establishment OF the Peru normal
school, the normal school at Kearney which
was established under an act of iaOe and
the law providing Cor the establishment
or the junior normal schools passed the
same year. The Kearney normal school
he recited, was to be under the direction
of the State Board of Education the same
as the Peru normal school, while the Junior
normals were to be under the direction
and control OF the state superintendent.
Under the junior normal school law. the
opinion says. students who had completed
the elementary course of the state normal
schools should be granted an elementary
state certificate by the Board Of Education.
the same as graduates OF the state normal
schools.
The opinion says the apparent purpose
OF the legislature was TO abolish the State
Board of Education and TO provide for a
new board under another name, THE
Normal Board of Education which should
exercise the powers Of the State Board of
Education. and in addition thereto have
control over the Junior normal schools. This
was sought to be done by amendments to
sections / and % of the subdivision 70,
chapter 70. Of the statutes.
One Subject in a Eli.
Judge Calkins quoted article 3, section II.
of the constitution 20 the effect that no
bill shall contain more than one subject.
and the same shall be clearly expressed In
its title; no act shall be amended unless
the new act contains the section or sec
tions so amended and the sections so
amended repealed where the title OF a
bill is. as in this case. TO amend a par
ticular section, no amendment is permissa-
bic which is not germane to the subject
matter of the original section Indicated"
says the opinion, and Judge Calkins quoted
several cases to confirm that decision.
The section sought to be amended the
opinion says, provides for the creation OF
a board of education for the management
of the state normal schools TO consist Of
the state treasurer. state superintendent
and five others. AS amended the section
provides for the creation OF a new board,
10 be composed Of the same two state
officers and five members appointed by
the governor and confirmed by the senate
end the members shall not be of one politi-
cal party, II is also provided that no
person so appointed shall hold any offios
under the government Of the Cnited States
or of any state and that no member shall
serve Upon the committee of any political
party.
The opinion says: The last two aualin-
cations are the only ones sufficiently defi-
mite 10 be enforceable; but treating them
all seriously and not political buncombe,
they relate to tfp qualifications Of men,
bers for appointment to such board, and
may, we think. be regarded as within the
subject matter Of the iriginal section.
Junior Normal schools.
'2. The junior normal schools were au-
fhoFizpd ~ an indenendpnt act ~ ~. -.
Iaturo; their direction and expenditure OF
tire money appropriated for their mainte-
nance was confided altogether to the state
Of public instruction, and
the only function that the state Board OF
Educ aIlnn WAS 10 nnrfnrrn In ..n...al-