The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-13
*. u. Board of Regents Must
Establish School.
Supreme Court VIII Compel
Action at Once.
GIVES THEM TWENTY DAYS
Then Mandamus VIII Be Is
sued Unless Work Begins.
Regents Position Is Wrong
One, Court Declares.

The board of regents of the state
university will have to get busy at
once and establish the school of mines
at Weir City or the supreme court Will
issue a writ of mandamus compelling
them to take such action. The court
has handed down Il decision in the
case of q Mr.. Young against the board:
Young lives at Weir City and he asked
the court for a writ of mandamus to
compel the board to establish the
school as by law provides.
The legislature oe 1911 passed a law
providing for a school of mines at
Weir City and made appropriation for
such school and placed the matter in
the hands of the board of regents OF
K. u. More than a year has elapsed
since the legislature adjourned and the
board has done nothing towards estab-
fishing the school.
Some months ago this man Young
brought suit in the supreme court to
compel the board to take some action.
The court has decided that unless the
board take action within twenty days
that it will issue the writ compelling
them to get busy. The board must also
pay the plaintiffs costs in this suit.
Justice Burch wrote the decision and
it covers more than twenty pages.
Parts of the decision read as follows:
Would Nullify Act.
cit is the duty of the court to inter
pref statute designed to ameliorate
social conditions and promote the gen
eraE welfare of the people of the state
in such a way that it may be upheld
and not nullified.
The plaintiff alleges and by his
proof shows that he is a citizen of
Weir the owner of a home there and
the head of a family; that he is
coal miner by trade and the super
intendent of six large coal mines; that
it is his desire to attend the school
and educate himself in the branches
0f 70
there, and that he has a son whom
he desires to educate at the school.
1T is asserted in the defense of the
regents that the duty of establishing
the school is not imposed upon the
regents, but that their power and
authority is limited to supervising and
controlling the school when it shall
have been established. If their in
is true 1T makes waste
paper of the statute and convicts the
two houses of the legislature which
enacted the law and the governor who
approved it of conduct quite idle and
absurd. The words, "a school of mines
and metallurgy is hereby created Tor
the state of Kansas, are nullified, the
made to carry out the
purposes of the act IS defeated, and
the effort to confer even supervising
and controlling authority upon the
board of regents becomes merely an
exercise in the drafting of bills and
a drill in parliamentary procedure,
instead of legislation.
The conclusion from the foregoing
is that the duty of instituting and
the school of mines created
by the act of 1911 was imposed upon
the regents and that the plaintiff has
a special interest in the performance
of that duty which qualities him to
maintain this suit.
THE regents say that their delay in
acting has not been for the purpose of
thwarting any expression of the leg
islature but rather that they might be
informed as to their duties. Therefore
the order is that unless effective meas
ures be taken within 20 days to eS-
tablish the school the writ will be is
sued the plaintiff. however, to recover
his costs"