The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-12-06
BOB DUNLOP IS
NOT DISTURBED
Declares He Expects Senate to Con-
firm "old Board" Members at
Extra Session.

OF InOSe governor Cruce removed by
executive order last July, returned
from the east last night. The first in
formation he had concerning the gov
ernor's call for a session of the senate
to act upon nominations as members
of the educational board was from a
newspaper dispatch while travelling
into Chicago.
Il am not at all disturbed" said Mr.
Dpnlop. Il have too much confidence
in members OF the senate. look for
confirmation of the socalled old
board"
Mr.. Dunlop says an analogous case
may be found in Georgia. There, he
says, the governor made appointments
and issued commissioners, and later,
wanting TO change the appointees,
named Others for the place, issuing
commissions When the senate met,
Mr.. Dunlop says, it declined to act
upon the names the governor sent in,
but confirmed those who held the first
and legal commissions. A similar case,
he says, arose in California, with the
same result.
According to attorneys for members
of the old board, the assumption that
the n-Hayes-Dunlop-Gle faction
carries the greatest hazard is all
wrong. If their view of the situation
may be taken as reliable, the old board
has two chances to win, whereas the
governor has but one, and they point
to Section 13 Of Article VI to bear out
the assertion.
Law Relied Upon.
The section referred to declares that
the governor shall commission all of
ficers not otherwise commissioned by
law. When notice becomes vacant,
unless it is otherwise provided by law,
the governor appoints a person to fill
it who shall continue in Office until
a successor shall have been duly
elected or appointed and qualified ac-
cording to law" That portion of the
section in quotation marks is relied
upon as a controlling clause in the
boards situation.
The boards attorneys figure it out
this way The legislature created the
places to be filled by appointment by
the governor and confirmed by the
senate Af-er the legislature adjourn
ed he made the appointments, which
were to FIJI vacancies since there had
been no previous appointments The
moment the governor declivered the
commissions to the first appointees
the attorneys claim bis power over
the office sceased, and the only way
they could be vacated is by resigna-
ton, death, judicial proceedings, or,
in event their names were sent to the
senate for confirmation, the senate to
reject their nominations. Arriving at
the situation as of today, the attor-
neys say it must be borne in mind that
the first appointtes, or the so-calEed
old board, are still in office. The gov
ernor, however, will not send their
names to the senate for confirmation;
instead. he will send the names of
Johnston, Weith and Cain, along with
the three other members, over whom,
at this time, there is no question. If
the senate rejects the nominations OF
the new members, that is, votes not
TO confirm them, it is asserted that the
old board continues in office under
that portion of the constitution which
is given in quotation marks. The
\ same situation woud obtain they say,
were the senate to adjourn without act
ing one way or the other, but if the
senate confirms the new members the
old members are out.
May Yet Reach Courts.
The only difference between posi-
tons taken by attorneys advising the
governor aud those acting for the old
members is on the question of odds
The former says it is two to one in the
governors favor; that is, of the three
possibilities the only route by which
the old members can win is for the SEN
ate to decline to act, but if all names
are rejected there is'no board in exist
ence. This it appears the courts
might yet be called upon to determine
the title to the Offices.
To say that in all sections of the
state the people are becoming anxious
for a settlement of the school board
controversy is putting it mildly, and
some demand exists for repeal of the
law under which the board was Great
+ ed. This would return control of the
state educational institutions to var
ious boards of regents as before the
passage of the present act, but under
I lhe new idea, there would be a strong
opposition to placing the state super
ntendent or any other state officer on
;ssth thaSe oOVerning boards