The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-05-23
SEES PERIL BOARD OF CONTROL
Will Proceed to St. Paul Without De-
lay and Will Arrange Final
Plans.
SUPREME COURT DoDGEs TASK
In Note Handed in Today, Chief JUS
tice Says Tribunal Cannot Act
As Arbitrators.

ClCC says Ai1Dunal cannot ACT
As Arbitrators.
st. Paul, Mimi, May 23-(Daily
Pioneer Special Wire Service. in
brief note this morning the supreme
| court declined to act as a board of
arbitration in the controversy be-
tween the governor and F. A. Whit
tier. The note was signed by Chief
Justice G. M. Start and said in part:
I'VE have no jurisdiction over the
matter as a court and if we should
consent to act as arbitrators, it would
establish an undesirable precedent.
We should embarrass the court and
directly tend to impair confidence in
it. We are, therefore, constrained by
our views of judicial duty and pro-
priety to decline to comply
Disappointed over the action of
George T. Simpson, attorney general
OF Minnesota, with having disclosed
the fact of his drawing complaint
against Frank A. Whittier, superin-
tendent of the Red Wing training
school, after the complete under.
standing that it should not, be
divulged until action was taken,
former Senator A. D. Stephens, in
Bemidji today, announced his in
tention of proceeding to St. Paul to
take personal control of the move
ment to remove Mr.. Whittier with
out further delay.
What is more, Mr.. Stephens can
didly admitted that the Red Wing
scandal had become so complicated
as the result of peculiar rulings from
the attorney general that it is more
than probable that two members of
the Board of Control will probably
feel that they should not have set as
judges after being witnesses for the
Whittier defense in the charges.
AS to the report out of St. Paul
that Attorney General Simpson had
prepared form of complaint at his
request Mr.. Stephens said:
ut is true that the complaint was
drawn at my suggestion by the attor-
ney general, but it was our UNDER
standing that nothing public was to
be said about it. Mr.. Simpson was !.
to mail this complaint to me at
Crookston by registered letter. 1t
may be there now, as I haven't been
home for the past few days.
81 shall proceed to st. Paul, after
a day in Crookston, and 1 shall
then take the matter up with the
Board of Control and attorneys. 1t r
is possible that after this may file
the complaint. In any event I shall
devote little personal attention to
this matter"
Mr.. Stephens has made an ex-
haustive examination of points of
law bearing on the case and is
satisfied that the Board of Control
has a right to remove Mr.. Whittier
another hearing.
SIT should be remembered, said
the Crookston banker, "that the leg
stature accepted the investigating re-
port condemning Whittier but left
it for some other body or official to
determine what should be done with
him.
Then again, if the Board Of Con-
troll hasn't the power to discharge
Mr.. Whittier, every member might
personally be present and see the !.
boys fogged to death and still be UNI
able to remove Mr.. Whittier unless
q private citizen filed complaint
ssBy the way, have received vol
untary offers from persons ready to
file complaint against Mr.. Whittier,
but am ready and willing to do that
myself, if we decide that is the best
course. .
Mr.. Stephens did not wish to COM
ment at length at this time on re-
cent published letter from S. w. Lea
witt, former member of the Board of
Control, but indicated that certain
other letters written by Mr.. Leavitt,
now in the possession of Mr.. Steph
ems may furnish interesting side
lights at some time in the near flu
ture.
Mr.. Stephens came to Bemidji this
from Little Fork, where he
had been on business connected with
his bank there. He left this after
noon for Crookston.