Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-02-27

in the Knauf- Seller Buck brief. the
ibOard does not consider 1t necessary
to answer the yeiled insinuation flm-
ther than to suggest that greed was
the basis, rancor and revenge con-
tributed, anger and ambition joined in,
fair or foul was the frame-up. TAX
ing these total up, spells graft. 2
This is the closing paragraph Of
the brief filed by Miller & Zuger at
tOrneyS for the board of control in
the recent investigation started un-
der the Knanf.B Buck Seller charges.
Rseeivsd Brief.
The Joint house and senate commit
tee received the brief yesterday and
will hold meetin0 soon to go oyer
the arguments Of both sides. A Ana
report Is expected probably by the
latter part Of this week or the early
part Of next.
sThe argument follows in part:
Specification No. 8 charges the
board OF control with fraudulent,
" competlink the counties Of Grand
Forts and Wafdy md other counties.
1 to pay q pro rita per capita allowance
to the treasurer OF said hospital, or
the state treasurer for the mainten-
ance ofspatients Ia such hospital long
after such patients have been cured,
and while they have been actually in
the employment Of the state Of North
Dakota on salaries ranging from $1o
per month up to $32 per month, and
then sets forth the names Of six pat.
tents who they allege have been SO re.
tanned in the hospital and Paid salar-
les.
Work Beneficial.
"To this specification the board an
swers that the patients named ware
employed by the board and slperin-
tendent to do such labor as their ply
sical and mental condition would war
rant, the same not being detrimental.
hut beneficial to the patients, and that
for such services the patients receiy-
I'd compensation substantially as al
legged by compainants. /.
ION this point DR.. HOtchkiss tes-
titled that no patient was employed OF
permitted to perform labor for com
pensation except when, such employ
nent was specifically approved by
him, and with the knowledge and con-
sent of the board, that in every In.
stance the character Of the labor to
he performed BY the patient, and the
mental and physical condition of the
patient was taken into consideration,
Claims Authority.
"The board claims that authority
under section 243, compiled laws OF
1913, to employ patients in this man.
mer. Under the general power con.
tanned in said section, which gives fuls
power to manage control and govern
the hospital for the insane, subject
only to the limitations contained In
the board Of controls statute. No lin.
itation In said statute has been call.
ed TO our attention that prohibits the
long established custom.
Subdivision D Of specification No.
2 charges over-payment Of architect
allowed by the legislature for two
years, $8y9VO
This charge is predicted under the
provisions Of section PSI Compiled
laws of 1913, which provides that the
board may, If deemed advisable and
expedient for the best interests Of the
state, employ an architect to be known
as State Architect, and ltnits his com.
pensation to $500 per annem. The
board in its answer denies that it has
violated any provisions OF section 257,
and AYERS that the architect employ
ed by the board, and payment for his
services. was made under and by yir.
tue Of the provisions Of section 25z
Complied Laws 1919. We agree thas
II the board had acted under the pro-
visions Of section PSI, and under its
provisions had employed Mr.. Crabbe
an ttaFn etrchitect, that the board
would be limited to the amount it could
pay. to $500, or $1,000. for the two
years, but the board did not act un-
der the provisions Of this section for
various reasons.
Not Deemed Expedient.
First. because It did not deem 1t adj
visable or expedient or for the best In
terests Of the state. to employ an ar
Continued on Page Eight