The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1911-05-18
Attorney General Simpson Makes
an Important Ruling
CHARGES MUST BEFILED
Otherwise the Board of Control Has
No Authority to Take the
Matter in Hand

The Herald OF May published an
article relative to the case OF M.
Whittier, superintendent OF the
Roys' Training School at Red Wing,
in which Hon. p M. Ringdal was
quoted Mr. Ringdal, ir the state
ment which The Herald made pub
lie claimed that the Board of Con-
troll had no authority to take action
in the matter unless charges should
be fled against the superintendent.
The BOARD of Control called upon
the attorney general of Minnesota
for ruling in the case. This ruling
has been recently made, and -he
Board has sent The Herald a copy
thereof It follows here in full ana
the Board is sustained in its cOnten-
ton. Here's the report:
st. Paul, May 8, 1911 Hon P. NJ.
Ringda,, Chairman Board of Con-
troll Ny dear sir:
In your favor of May End relating
to the investigation by the state leg
islature recently adjourned of the
situation as it is claimed to exist in
the State Training School for Boys
at Red Wing. yCu call my attention
to The resolution Of that body adopt
ed on the I4ih day of February, 1911,
and by virtue cf which there was
subsequently appointed a joint COM
mittee Of both bodies which later
ielG the investigatlcE, which is nov
{. matter ri history.
You further cal attention to the
report Of the committee. including
it's Recommendations, enc the failure
70 adopt the report us made. You
also call attention 10 the letter Of
the governor under date Of May l,
1911 to your board, and you ask six
questions upon the record thus pre-
scented, in effect as follows:
l. Do the resolution, tie tes-
timony taken before such legis-
lative committee, and it's report,
or either of them, constitute
written charges as contemplated
by law, on which the Board OF
Control is authorized to act?
2 Do the excerpts from the
governors letter referring to
Superintendent Whittier, he
governors conversation with
him, the position of his attor-
ney. his refusal to resign, and
the governors suggestions in the
premises constitute Write
charges on which the Board Of
Control is authorized to acto
g. Did the legislature have
the power TO remove the super
tendent of the Training School
from his official position:
4. If the legislature had such
power did the investigation that
was held, and the report of the
committee place Mr.. Whittier,
once, in jeopardy?
s. Is the Board of Control
thereby prec,udcd from holding
a further investigation; and
6. What course is open to
the Board of Control in the light
of the suggestions of the gover-
nOr'
For your information, I beg to adj
wise that at the oral request of MIR.
Whittier through his attorney, op-
portunity was given the latter to lie
heard upon the legal questions in
volved, and such hearing was had
before me or Monday, May Sth.
Replying to your inquiries. I beg
to advise that in my opinion upon
consultation, ard after careful con-
SideratiOn, your first, second, fourth
and fifth inquiries are properly an
swered in the negative.
AS to your third inquiry, | some
what doubt the propriety of my an
swering the same inasmuch as it
relates to the power of the legisla--
ture, and not the power IF the Board
of Control, but for your information