Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-04-28
JUSTICE ROBINSON
WROTE THE OPINION,
AND GRACE DlSSENTED
Chief Justice Bruce and JUS
tice Christianson Con
cur in Result.
QUO WARRANTO
CASE DISMISSED
Right Of Governor to Ap-
point Two Successors is
Not Touched Upon.

SAAAS W. SSSSSoSOAS3A&S = 40
Not Touched Upon.
Bismarck, N. D.. April 2s.-The
provision in section two OF chapter
237. the laws Of 1916. commonly
known as the state board Of regents
act. empowering the governor to nom
mate and the senate to confirm NOM
nations for Offices Of members Of the
state board Of regents during the
same session of the legislature at
which the act creating the ofnces was
enacted. does not conflict with or con-
travene the initiative and referendum
amendment to section 26S OF the state
constitution, rules the North Dakota
supreme court today in handing down
the longest opinion in tho recent his
tory Of that body, denying the petition
of the state ex rel William LANCER, ct
AL, for a writ Of quo warranto to Gust
Lewis F. Crawford, Frank White, ].
D. Taylor. Emil Scow and ]. A.. Power
from ONCE as members of the state
board Of regents. The opinions Of
the court are all written by Justices
]. E: Robinson and A. NJ. Christian
son and Chief Justice A. A.. Bruce.
The main opinion is by Justice James
e. Robinson, as published several
weeks ago.
Chief Justice A. A. Bruce and Asso-
ciate Justice Christianson. in their
opinions. concur in the result found
by Justice Robinson. The attorneys
involved are Attorney General Will
General H. A. Bronson and d. v.
Brennan for the state and Lawrence
and Murphy Of Fargo and Fisk, .Linde
ana Murphy, of Bismarck, for the re-
spondents.
Justice Grace in his dissenting opin-
ion. contends that section Is OF the
constitution and the Initiative and
referendum amendments supersedes
section 81. under which the old form
OF emergency clause attached to tho
board Of regents act was not in cons,
fformtty with section 25.s And. that..
therefore, Governor Hanna GctSd
without authority In nonninatinx and
3Appotnting the present members 6f
tho state board Of regents at time
when under the initiative and refer
endum amendment, the statute under
which he acted was not operative.
Today's opinion refsrs to the tenure,
OF ohioe of Crawford. White and Tay-
lor. only the question as to the gov
ernor's right to now name the sue
| cessors to 6cow and Power, when
their terms expire July 1. in view Of
his failure to do 80 January. is a. per-
sumed by the law. not having been
indirect way by Robinson. Attorney
General LANCER advised todsy that his
stan Is at work on an opinion re-
quested by tho governor as to the
proper method Of nominating cant1i-
dates for congress in the First dis
trtct. There 10 little authority on
which to base an opinion says Lang
or and 1t ts probable the opinion will
not be completed until next Wednes-
day.
Langer Stared It.
The famous squabble which brousht
forth this decision began January is,
the senate. in executive session. a
lengthy opinion from Attorney Gener-
al Langer holding that the present
board OF regents was illegally ap-
pointed and that the governor had
authority to name successors to svsry
member Of the board.
January Is was the last date under
strict Interpretation Of the statute
upon which Governor Frazier could
nominate for the approval of the SON
ate successors to J. A. Power and
Emil Scow. whose terms expire by
law July l. Instead Of nominating
two candidates, the governor. placing
implicit reliance on the opinion Of
LANCER. submitted the names Of i've
men-Dr. W. q. Brown OF Fa1go for
six years; Robert Muir Of sarles and
Rev. G. d. Mermilya Of Valley City
for four years, and George Tottsn Of
Bowman and Roscoe Dei6le Of saw-
yer for two years
Tho senate promptly re1scted the
the governor. President Crawford
l and other fn0mhnrR of fhA hoorA -