The weekly times-record. (Valley City, N.D.) 1912-1922, 1917-01-18
Other Boards Slated
for the Official Axe

Bismarck, Jan. 16-GOVernOr Frazier
is losing little time in looping official
heads. The board of regents has al
ready fallen-or will fall if the SUI
preme court upholds the governors s
contention, based upon an opinion from
Attorney General LANCER Word went
out today that the board of control is
in the same boat and that the COVER
nor will send in for confirmation the
names of three new men.
The present members of the board of
control were confirmed by the senate
March 9, 1915, according to the record
of the secretary of states office. The
ace extending the terms of board of con-
troll members to six years, under which
Governor Hanna made his appoint
ments, was passed March II, 1915.
Thereafter, it is claimed, the board of
control was confirmed by the senate a
second time to make the procedure
strictly legal.
The members appointed under Sec.
236, Chap. 230 of the session laws Of
1915, were R. S. Lewis, to serve until
July 1, 1921; F. o. Brewster, to serve
until July 1, 1919, and J. w. Jackson,
to serve until July 1, 1917. Brewster's
term was vacated by his death about a
year ago, and Jackson's by his resigna-
ton, and Trustees Brown and Olson
were made members of the board by
interim appointments. The league has
contended from the first that the gov
ernor had right to consider these two
memberships vacant and to name his
own men for the jobs. Now the con-
tention is that none of the appoint
ments was legally made in the first
place that the governor will declare
all of The three memberships vacant
and will send in a complete new slate
The governors proposed slate for the
board of regents stands about as much
chance of confirmation at the hands
of the senate as did the proverbial tai
low-legged bow1wow in a certain sultry
spot. But it makes no difference
whether the senate confirms or not. II
the supreme court upholds Attorney
General Langer's opinion, the chief ex-
ecutive, Immediately after adjourn.
ment, can declare these offices vacant
and make his interim appointments
without regard to the senates feelings
in the matter.
The governors nominees for regents
of the state educational institutions
of the state educational institutions
are: DR.. w. G. Brown, Of Fargo, for SIX
years; Robert Muir. of Sarles, and
Rev. C. E. Vermilya, of Valley City, for
four years; George Totten, OF Bowman,
and Roscoe Deague, of Sawyer, for two
years.
Attorney General LANCER holds that
the present members hold office illeg-
ally for the reason that they were
named before the act creating the
state board of regents was passed by
the fourteenth assembly. Governor
Hanna is claimed to have sent his ap-
pointments to the senate March y
1915, while the law was not passed un-
til March 4. The appointments were
confirmed March S.
The same procedure held true OF
the appointment of mebmers of the
state board of control for the extended
term provided for by the fiftetnth as
sembly. In both cases appointments
were made before legal authority was
given, but the final confirmation dld
not take place until after the acts had
beeD passed.
It was expected that the name OF
Frank e. Packard, nominated to sue