Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-01-06
n STATE EDUCATIONAL COUNCIL
EXPLAINS COORDINATION
OBJECTS.
PLANS TO BUILD UP
COLLEGE AND UNIVERSITY
Beard Says Lehman and Others Have
Jumped at Conclusions Which Are
Wrons-Plenty Of Authority Under
the Constitution to Justify Its Acts
objsetors Splitting Hairs.
Special to Times Republican.


to the people of Iowa by the authority
of the board of education. in answer to
the bulletin recently issued by certain
members of the university alumni and
especially in contravention of the legal
opinion submitted by Hon F. W. Leh-
mann, was issued today. 1t follows in
part:
To the People Of Iowa: On Jan. 5,
.913, there was submitted to the board
of education an opinion Of the Hon.
+. W. Lehman of ST. Louis, in regard
to the legality of the recent action OF
the board in disseminating the college
OF applied science at the university,
and reference was also made to a
pamphlet entitled "Iowa's Educational
Problem which has been published
and widely circulated under the aus
pieces of the following named gentle
men: James B. Weaver Jr, George S.
Wright, w. o. Finkb ine, H. w. Seaman,
Arthur j. Cox, Carl F. kuehnle, +.
w. Weeks and Euclid Sanders, several
of whom are graduates of the Univers-
ity of Iowa Law School and prominent
m the profession.
Based upon the opinion Of Mr.. Leh-
mann and the opinion of the supreme
court of Colorado in the case of People
ex rel Jerome vs. regents OF the state
university, it is claimed:
That the board of education has no
power or authority to discontinue the
college of applied science at the state
university.
A statement coming from such emf
nent sources no doubt has much weight
with persons who have not examined
the legal and other questions closely,
and it merits a respectful reply. And
therefore, the board referred these
matters to the undersigned committee.
with the direction to set forth in a
statement to the public, the views of
the board especially as to it's power
to perform the acts complained of.
The board considered these matters
and became satisfied that it had power
to take the action it did before taking
it and no new point is made in these
opinions in reference thereto.
A Wrong Conclusion.
That Mr.. Lehmann's opinion is based
upon a hypothetical case, and not up
on the action actually taken by the
board is apparent from a reading of
the first sentence IN which he says:
You ask my opinion as to the legality
Of the proposed action Of the Iowa
state hoard of education stripping the
state university at Iowa City of its
college Of applied sciences and Of es-
tablishing it at the agricultural college
at Ames."
Before any legal opinion is Of value,
it should appear that it is applicable
to the facts under consideration, and a
correct statement of the question at is
sue is always essential in order to ar
rive at the proper conclusion.
The action of the state board of ed
ucation discontinues the college Of ap-
piled science at the university but does
not establish it at Ames. Nor does
the action of the board provide for Dr.
verting any of the funds of the uni
versity to the support Of the college
Of applied science a Ames or else
where.
A college of applied science has been
established at Ames for many years
and is and always has been much
greater in point of number of students
and equipment than the one at the
university.
The only question of law is as to
whether or not the board of education
tldS .llle power 10 CIScOll-lnue the COL
lege of applied science at the univers-
ity.
Splitting Hairs.
II is contended by Mr.. Lehman and
the authors of the pamphlet that the
expression the objects of the unver-
city are to teach the arts and sciences
with their varied applications found
in the statutes has placed such con-
CIV no .f.rI Two ~ Iy'
used in the constitution as 10 require
even the legislature 70 maintain a col
..lege Of applied science at the univer-
sity. It is admitted thta the word uni
versity' is not defined in the consti-
tuition, and that it was and is not even
susceptible of a complete definition
The term has been applied to various
institutions, from the very small col
lege to the graetest university, and tc
different kinds Of Institutions
Some universities include colleges OF
applied science and many do not. 1,
must therefore be admitted that the
trainers OF the constitution left it tc
the general assembly to determine wha'
branches of learning should be laugh,
in the university.
Even II this were the only language
found in the statutes bearing upon the
question Of the definition OF the univer-
sity, we are Of the opinion that the leg
islature would not thereby be estoppeo
by it's acts from changing that defini-
ton This is not question OF private
rights but one of public policy and
public right, and legislative power.
Boards Real Intent.
In his opinion Mr. Lehman lays
stress upon the proposition that the &C
ton of the board contemplates the d.
rect amaigamation of the university
and it's funds with the other institu-
tons of higher learning in the state
This is not the case The board has
neither in it's resolution nor elsewhere
expressed any purpose to do so, 'si'
1t has expressed it's purpose to develop
the university along definite lines. anc
the teachers college along other definite
lines, making of the three institutions {
harmonious, co-ordinating system o!
higher education and preventing then
from going on as they have in the pas
independently Of each other and II
rivalry with each other, each gradual
" developing into a university.
Attention is also called to the fac
6 that the act creating the state board
etucation repealed certain sections o
the law, and left other sections ii "a
Law. the conclusions drawn therefron