The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-10-01
STOCKWELL FILES
ANSWER TO SUIT
STATE SUPERINTENDENT MAIN,
TAlNs he HAS RIGHT TO NOM
EY PAID INTO OFFICE
FOR EXAMS.

Grand Forks. NJ d. Oct. 1.-THE pa
pers in the case Of the State of North
Dakota VS.. w. L. Stockweil, supertn- 1
tendent OF public instruction, and the
United States Fidelity and Guaranty
Co were filed in the district court of
Grand Forks county today. The pa
pers included the answer Of the de-
PENDANT superintendent. in which She
sets forth the defense that viii be
made when the case comes on for trial
before the district court Of Grand
Forks county in December, for which
term the case will be placed on the
calendar.
In this case the state sues to recover
from Superintendent Stockwell the
sum of $5,89S.S0. claimed to have been
collected by him but not turned over
to the treasury of the state. This
money was collected in the teachers
examinations for the marking of pa
pers and is the over-plus left after the
cost Of marking the papers had been
paid out.
Claims Right to Cash
The suit was the outgrowth of a
| Legislative investigation last winter
and the decision will have the effect
OF placing the proper construction on
certain chapter Of the state laws
that up to the present time has two
constructions, one being to the effect
that the superintendent Is allowed to
retain the over-prus of the money
turned in for the examinations, while
the other is to the effect that the cash
should be turned over to the state.
In his answer Superintendent Stock
4 well through his attorneys JEFF Myers
and ]. e. Gray Of Grafton, admits the
receipt OF the money, but clairus that
he was entitled to it under the law.
His answer covering one item. and
which is the same In each instance.
follows:
A New Policy
"This defendant admits the receipt
Of $5,573.40 by him from the sources
mentioned in paragraph of said
complaint, and also admits the ex-
penditure of the sum Of $3.715.60 for
the uses and purposes as in paragraph
g., therefore set forth, but denies that
it became his duty, either under the
provisions of chapter IS Of the laws of
1901 or at all, to pay to the state of
North Dakota the over-plus by him so
received. but on the contrary alleges
the fact to be that said chapter IS Of
the laws OF 1901, in so far as the
same imposed upon the superintend-
ent Of public instruction the duty and
responsibility Of examining, marking
and filing, or causing to be examined,
marked and filed. all answer papers
submitted by candidates for first. Sec
ond and third grade certificates, con-
tstituted a legislation invention. then
absolutely new in this state and not
only unknown and unthought of in
the territorial days and at the time
Of the adoption of the state constitu-
ton, but also at that time. and for
some considerable time thereafter
wholly unknown to the legislative poll
icy of any state of the union, and thai
such over plus was intended by said
chapter IS of the laws of 1901 as com
pensation to the incumbent Of the po-
sition of state superintendent Of public
instruction for the extra constitutions
and arduous work. and onerous re.
sponsibilities imposed upon him by the
J provisions Of said act.
, Intended fer Incumbent.
THAT the policy of having the an.
II
certificates examined. either by or un,
der the direction OF the state super
intendent of public instruction in
stead Of by the different county super
intendents Of the state was first ad
: vocated by the State Educational as
t ISOLATION of this state in its session
. in 1897, and, pursuant to it's recon
mendations, the county superintend
ents OF the state, constituting on
section thereof. appointed legisla
Y tive committee to formulate a bill
which, when drafted and fully consid
cred by this committee, was intro
duced in the Sixth Legislative assem-
: bly, OF the state as house bill "a Q
that session, and afterwards, in TIL
Seventh legislative assembly of tn
state as house bill AS, and later en-
acted as chapter 85 OF the sessio
laws OF 1901 that II was the inten
ton OF such legislative committee Q
the section aforesaid Of the State Ed
ucational association to provide
such bill compensation to the superin
tendent Of public instruction for ex
J, ira constitutional work and increas
: ed labor and responsibility which II
Z enactment would entail and impos
! upon the incumbent for the time be
! ing. OF that position on the 5th day {
= January, 1903, this construction ha
been placed upon said chapter 3
!. Of the laws of 1901 by his predeces
! sor In Office and ever since has bee
: implicitly concurred In by the execu
: tive branch of the state governmer
until some considerable time prior /
! the commencement OF this aetioi
= when, in response to political agita
2 ton As To the proper construction /
z be placed thereon, this defendal
= made demand upon the governor |
10 sss sss,.s = s,,s. ,s,,,s =
a .'' 80 M 80. 8 III. $50