The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-02-04

That this board alleged misman-
sgement end misrepresentation eon-
aisted solely In paying the Necessary
and legitimate expenses OF conducting
this department out OF the earnings
theraof without specific legislative
iappo stienneft.
Se hnd no dharge. Of tllee fi4ymeglt
scf snlrneg 70 any person v4lu had NO
learned the same.
N We find no charge that payments
were exraYagant or reckless IN any
respect.
We find no charge that any person
was employed whose services We're
unnecessa Y, OK whose services could
have been dispensed with, without in
Jury to the services OF the state.
We find no denial Of the former re-
port or this board to your honorable
body which shows that under sta e.
hood and the management Of this
board the school lands have yielded
in actual money to the school chill
dren of this state substantially $780,
COO more for the last year than the
same lands ever yielded under the
management Of any othe. board prior
TO statehood
Proceeding then. with our above
stated understanding of the resolu-
ton charges of Mr.. Humphrey,
and expressing our readiness to an
swer further II we have not, as above,
fully comprehended the entire scope
and intent Of said charees, VIC call
The at,enaion OF your honorable com
mittee that nothing is involved in Mr..
Humphreys charges, except questions
cf law. as follows
First Has this board OF iapd COM
missicnefs the power and duty TO
have charge Of, control and manage
al these public lands and permanent
common school fund and should the
expense Of said management be paid
from the earnings thereof? We say
Yes. and IN support Of this answer
we quote from the constitution OF The
state OF Oklahoma, Section -, Alti-
Gle 8:
The commissioners Of the land or
fee, who shall have charge of the
sale, rental, disposal and manage
niclrl Of the school lands and other
public lands OF the state, aud all the
fDnds and proceeds derived there
from under the rules and regulations
prescribed by the legislature. y
u We sublnl that while the lcgisla-
turc may prescribe ules and regula-
tons, IL can no; interfere with The
chatgr and management, as proscrib-
cd by the constitution
81 .lt.it iAf
ah IFS first session in House Bill No.
s, CHARGER rs, A~ticle 2, provided in
Section thereof as 10 the invest
men cf the permanent common
school fund, and the maximum rate OF
I interest TO be charged therefor and
4 ia section Of said same Article pro
yidod as follows
/ "SeesionA The commissioners ol
The land Office may appoint such as
Z sistau,s and incur such expenses as
are necessary in the management ard
I handling Of said property and funds
and shall pay such expenses out OF
the incometof school funds"
In view Of this constitutional pro
vision and in this legislative act by
YOU honorable body, we submit in
Ike frs place that when the Hon j.
NJ. Humphreys. stated in his sale
charges, as follows:
"All Of which afIiant is informed
and believes are uDlawfully expend
ed !"
That the said ]. NJ. Humphreys
either recklessly or through inexcus
able ignorance OF the constitution 81
tire laws, or willfully, maliciously, il
violation of his oath and inspired by
persons outside the membership OF
your homo able body, not intent upon
the public good and weiia e. ignorant
Of said constitutional and Legislative
provisions. has charged this boart
with acting without legal authority
when tho pain provisions OF the con
st.tu.ion and The law. which hai
made it the plain duty and practices
Of this board should have even beer
known to Mr.. Humphreys. and tha
ihe failure of this board to have don'
in all things exactly as II has done
would have been in violation OF the
constitution and of the rules and reg
ulations prescribed by the honorable
legislature.
We fu thcr call the attention o
vcur honorable committee TO the fac
hat during the entire history of thi'
denartment ruder territorial govern
ment. preclselg the same genera
methods Of conducting this depart
nent existed; also as conclusiv'
nroof of the general understanding
bat the method that this board ha
at all times followed was the prope
meihod, aud was we'll understood.
We call attention TO the fact tha
the journal Of thc house Of the lirs
session Of Your honorable Legislature
unon the ipal passage Of The art au
tilted Chapter 76. Article .. heinI
Hcuso Bill No. s. We find tha, out 0
total Of eighteen members OF IN
minority PARTY. led by 0he oldest am
mrsl experienced legislator in th
history OF Oklahoma territory an
state. fourteen of said members. ir