Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-04-30
THE BOARD OF REGENTS

The state Is to be congratulated on the termination
of tho suit brought to Gust the board Of regents. The
decision Of the supreme court establishes beyond any
possible question the legality Of the appointment Of the
members who were appointed during the session Of the
legislature which provided for the creation Of the body.
II was highly necessary that a decision Of some sort
be reached. The summary action Of the governor had
created . situation which was intolerable. The affairs
Of tho educational institutions had been thrown into
confusion, and that confusion could not be renewed until.
there came from the court a decision declaring whether.
or not the board was a legally constituted body.
The board Of regents was created by the Legislature
Of 1915. The act provided for the management of the at
fairs Of the educational institutions by a board Of i've
men to be appointed by the governor and confirmed by
the senate. The Ave men were named by the governor
a day or two before the act was finally passed. subse-
quently the appointments were confirmed in the usual
manner.
The board thus constituted organized and proceeded
with tho discharge Of its duties. Last January Governor
Frazier. without any previous intimation that a doubt
existed as to the status Of the board, sent abrupt notices
to each member thereof declaring his Office vacant At
about the same time the names Of five other mon were
sent to the senate for confirmation as members of the
board Of regents, with the explanation that the members
Of the old board had not been legally appointed.
No explanation has ever been given Of the discour-
tey which marked the governors action. But, at any
rata. the board members refused to be dismissed in this
arbitrary and summary manner, and challenged the gov
ernor to take legal steps to Dust them. In tho meantime
they proceeded with their work As best they could
Tho case Just decided Is one which was tardny
brought in tho name Of tho state to have the nve places
on tho board declared vacant Two main reasons were
advanced
First it was contended that a. the names Of the
men selected by Governor Hanna were sent to tho senate
bsfore TIE ELL had actually been passed, the appointments
and subsequent oonfirmaions were illegal
Second, tho state officials held that inasmuch as all
laws passed without the emergency clause are subject to
the rsfaFsndum. which may be invoked at any time be-
fore July l.. appointments under a new law could not
lawfully DO made prior to that date.
Tho court disposes Of both these contentious. With
ont going in detail into the reasoning Of the court or
int fhA fANhnfrA1 aAA n ? $hA ~aAn j+ NAV h. rng1$o
cut that In the appointments az made. all the rights ana
interests Of all persons concerned were fully protected.
Governor Hanna ssnt to the senate the names Of i've mon
some two days before the bill under which they were to
act was passed. He allowed those names to remain be-
fore tho senate, ana after the passage Of the bill the sen
ate confirmed those appointments. which have been
isr onhcial or private citizen. was injured in his person or
his property. Tho court holds that the practical side Of
this feature cofncides With it, legal aspect, and that the
appointments were properly before the senate for action
when the bill was finally passed and approved.
On The referendum feature Of the case It is equally
s1eaf t1aAE NJ Injustice was wrought by the making Of
aihass aDpota4msnts before the time provided for the fling
sf Fsfsrsndum petitions had expired. Had such petitions
bssns MA de appointments would in no way have inter
6eod With the working Of the referendum law. The
Sorsfa4sons Of thu board would hsvs been Suspended until
the Dsop1s had rendered their decision Again the ooart
sh1sds that 1sgality anA practical sdcisncy arc Nnony-
lnoaa
= nstswsrthy feature IL tha4 Of the four justices
Scsncur414 n ttis Decision. two are Of the court - It ex-
SAtsd prior - the last ~s3sctton. ana two are new men,
sb1ss e5scAsA b1txAS vofss Of the Nonpartisan league. Tho
ssAnanneR = vfash ts judicial campaign Of Last summer
sf1 y 49, Aspiosabls ana Inaccessible. Honorable men
hAA ssfysA tbs stats faithfully ana ably were ira
Aansd ~ vi1Adsd.. Voters were urged for other candi-
sla11E1asfhA Grosnd t1sAE those other men would render
11Gk1lhsaD = ssnfoEnity With the plans OF the league
31nesas it y not nscessay to 20 into that feature gust
sese1s Do III wsrha willis - nots that. b. their own
se ~ q iRstag ~ slscdon Of two OF The judge. one OF
egAsll $500 aaA ~ sthsr csnGnrrsd r This decision.
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