Omaha daily bee., 1909-04-20
Nebraska
THOMPSON BACKS AUDITOR
Attorney General Decides Normal
Board Law Defective.
ADVISES BARTON TO GO SLOW
cites constitutional Provision and
Practice Of tate OffIcers-Ad-
NIscs Him 20 Avoid Action
in Courts.
ctrom a Staff Correspondent

tFrUm a staff Correspondent
LINCOLN. April 19-(SpeciaiJ-At-
torney General Thompson has held that
the state auditor Is right In refusing to
issue warrants on vouchers filed by the
new Normal Board of Education. one OF
the pie bills OF the late legislature. He
also advises the state auditor not TO issue
any warrants on vouchers filed by the
old board of education until the matter
of the constitutionality of the new law
The new board has certified some ac-
counts to the auditor and he in turn
held them up pending the decision of The
attorney general on the right of the new
board to file vouchers.
The opinion is as follows.
question as to whether the normal
cation mentioned in subdivision 10, chap
ter 80, Compiled Statutes of 1907, Is vest
ed with power to pass on claims and au-
made for the state normal schools.
House roll 2S6 of the late session of
the ,egls5atvre naoer1akes To- annTn1 Hi 8
sections ] and %. SUBDIVISION 10 thereof.
The original section l.. subdivision IL,
chapter 10. provided that the State Nor
NAL school should be under the direction
OF a board of education consisting of
seven members. five OF within should be
appointed by the governor for a term
or five years each; the state treasurer
and the state superintendent of public In
HIIuGIlOn are IlHlE GA-OIIitlO IltllutIh bI
said board. sections 2 to p, inclusive. of
the subdivision remain unaltered by the
act of the Legislature above referred to.
No attempt was made to amend the in
tervening sections in direct terms. In
nearly all of said Intervening sections
the managing body for the ormal schools
is termed the board of education" To
this board of education. by the terms of
section u, is. given the control of all
funds appropriated for the use and bene-
fit of the normal schools. together with
the income arising from the leases and
said school, and the treasurer shall paw
out the proper funds on drafts for moneys
TO be expended under the provisions .
said subdivision. such orders or draf, =
To be drawn by the auditor on certificate
of the. secretary countersigned by the
president of the board Of education. and
no such certificate shall be given except
on accounts allowed by the board in open
meeting.
The amendment makes a radical change
In the pre-eXlsting section 1, in that IL un-
dertakes to create a board to be known as
the normal board of education which
shall have the control and direction OF
the normal education of the state, includ-
ing normal schools and junior normals,
and shall succeed to. take the place of and
exercise the powers Of the present board
OF education as therein provided" 1t pro-
vides hat the five members of the board
shall be appointed by the governor by and
with the advice and consent of the senate,
and that such five members shall be APP
pointed within ten days after the act takes
effect and before the adjournment OF the
present session of the legislature. The ACT
carried an emergency clause and was ap-
proved by the governor and filed In the
office of the secretary of state April /, 1909
A new board has been appointed under
the terms of the amended section ]. and the
five members appointed by the governor
have been confirmed by the senate. The
title to house roll 2S6 is as follows:
IAN act to amend sections one % and
twenty-tow cd of subdivision thirteen uS),
chapter seventy mine 7l Of the compiled
statutes OF Nebraska for 1907, and to repeal
the said original sections as they now
exist, 1Nnd to- proRides for an ~enfergency."
IL the authority of the Board OF Educa.
ton, as created and established under the
provisions of section 1 prior to it's amend
ment and the authority conferred upon sucr
board by the terms of section IL OF said
subdivision as IL now stands, has beer
taken away and conferred upon the new
Normal Board OF Education as defined
in the amendment to section l provided fol
in house roll 2s6. authorizing the Issuance
OF certificates on which you. as auditor
shall issue warrants on the state treasury
IL Is because the amended section has had
the effect OF amending the sections inter
vening between sections / and % by prac
tically changing the term beard of educa,