Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-03-04

inference Of fraud, graft or
intent to deal dishonesty
with the state, and in such
criticisms as we have to offer
of the conduct of the board
Of control, we desire to be un
derstood that fraud or dis
honesty is not to be implied.
In yoluminous report delivered to
both houses yesterday, the special
Legislative committee inquring into
the changes authorized by the Emer-
gency Commission at the Jamestown
insane Asylum, the committee frank
ly states that the board at no time in.
tended to deal dishonesty with the
state. Every suggestion or inuendo
OF the jamestown "accusers" of ir-
regularity is dismissed as being with
out foundation in fact.
However, the committee in its re-
port disagrees with the judgment of
the board of control in asking the
emergency commission to divert the
various appropriations from the pur-i
pose originally intended. But the
committee holds that the Emergency
Commission had complete authority
to act upon the application Of the
board of control to make certain
changes in the appropriations. On
this point the report states:
Had Authority.
1T is plain to us that the emer-
gency commission had jurisdiction to
pass upon the question whether the
belief ofthe board of control thai an
emergency existed was well founded,
and having assumed jurisdiction and
passed upon that question it's deter
mination is final and conclusive as
against the world.
Further the report says:
'"rhe first material thing is the be-
lief of the board of control that an
emergency exists. The second ma
teral thing is that that belief, with
the relevant facts be referred to the
emergency commission. The laying
before the emergency commission OF
this belief on the part of the board
accompanied by statement of the
relevant factc, confers jurisdiction
upon the emergency commission to
act upon the question of the neces-
sity Of providing for diversion Of
the fund or it's application in a parti.
cular way.
Special Tribunal.
The emergency commission there
fore exists as a special tribunal for
the purpose Of determining the ques-
tion whether the judgment of the
board that an emergency evsts is
we'll founded, and if it is established
t the satisfaction of the commission
that such belief we'll founded, then
the commission is clothed with auth
ority to make the transfer of funds
or direct their application in man.
ner different than when pointed out
by the Legislature. 1t is elementary
that the comforting upon court or
board of the jurisdiction to deter.
mine a question carries with it the
jurisdiction to determine wrongly as
well as rightly, and whether right or
wrong, it's determination Is final in
the absence of some provision for an
appeal"
HAS PERFECT RIGHT.
at does not help the situation we
are dealing with to say that by the
we have placed upon the
statute the legislature has taken an
inconsistent position, and in effect
enabled boards and the emergency
to overthrow its expressed
will. 1t is one of the prerogatives of
legislatures to be inconsistent, and
in the law as it now exists on this
,ubjest the legislature has thrown
safeguards and projections around
is appropriations, and then placed in
he hands of it's boards the instru.
nents with which to strike down the
it has created. We trust
hat by the time this communication
caches your honorable body the law
this respect will have been amend
I'd by the passage of the bill now un-
Ter consideration.
Before leaving this subject of mis-.
Continued on Page Six