The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-11-30
BOB DUNLOP IS
NOT DISTURBED
Declares He Expects Senate to Con-
firm "oId Board" Members at
Extra Session.

Oklahoma City, Nov. 2S.-State
Treasurer Robert Dunlop, member of
the state board of education and one
of those 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 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..
Dunlop Il have too much confidence
in members of the senate. look for
confirmation of the so-called 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 Wilson Hayes-Dun 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 a notice becomes vacant,
unless il is otherwise provided by law
the governor appoints person to I'LL
it "who shall continue in office until
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 1t out
this way: The legislature created the
places to be filled by appointment by
the governor and confirmed by the
senate. Af4er the legislature adjourn
ed he made the appointments, which
were to fill vacancies" since there haC
been no previous appointments. ThC
moment the governor declivered the
commissions to the first appointee'
the attorneys claim his power owe
the office sceased, and the only wa!
they could be vacated is by resigna
ton, death, judicial proceedings, OF
in event their names were sent to th'
senate for confirmation, the senate II
reject their nominations. Arriving a
the situation as of today, the attor
neys say it must be borne in mind tina
the first appointtes, or the so-calle'
old board, are still in office. The gov
ernor. however, will not send thei
names to the senate for confirmation
instead he will send the names o
Johnston, Weith and Cain, along Will
the three other members, over whom
at this time, there is no question.
the senate rejects the nominations o
the new members, that is. votes no
to confirm them. it is asserted that tn
old board continues in office unde
that portion of the constitution whicl
is given in quotation marks. Tn
same situation woud obtain, they say
We're the senate to adjourn without act
ing one way or the other, but If tn
senate confirms the new members tn
old members are out.
May Yet Reach Courts.
The only difference between posi
tons taken by attorneys advising tn
governor and those acting for the oil
members is on the question of odds
The former says it is two to one in tn
governors favor; that is, of the thre
possibilities the only route by whicl
the old members can win is for the sen
ate to decline to act, but if all name
are rejected there is no board in exist
ence This it appears, the court
might yet be called upon to determin
the title to the Offices
To say that in all sections OF tn
state the people are becoming anxiou
for a settlement of the school boar
controversy is putting it mildly, an
some demand exists for repeal OF tn