The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-09-27
LEAGUE MEMBERS
OF COURT Gus I
HANNA REGENTS
Find by.Various Forms of Rea-
soning Governor Has Right
to Seat Two Of His Men
FRAZIER AT LAST GETS ...... ....
II CONTROL OF EDUCATION
Effort Begun in Legislature Last
Winter Finally Succeeds
The New Men

While they arrive at their conclu
sions by different routes, the three
Nonpartisan members of the supreme
bench find in opinions filed today
that George A. Totten of Bowman
and Robert Muir of Sarles, Nonparti-
san league appointees, are entitled to
seats and the state board of regents.
and that j. A. Power of Leonard and
Emil Scow OF Bowman, incumoents,
whose terms expired July !, 1917,
must make way for them.
Judges Eirdzell and Grace decide
the original boar dOf regents case
over again, and find that the govern
or was acting legally when last Janu-
ary he submitted to the senate for
confirmation the names of five new
regents, in an effort to Oust the en-
tire Hanna board. t.-.-,~
Justice Robinson, whose opinion
was published in his weekly letter of
last Saturday, finds that two offices
on the state board Of regents became
vacant July /, and that the governor
has power to fill these VACANCIES. He
does not resurrect the original case,
in which he. concurred with Justices
Bruce and Christianson in a majority
opinion holding against the governor.
Chief Justice Bruce and Associate
Justice Christianson in dissenting
opinions find that when the. legisla:
ture said that members of the state
board OF regents should be appointed
by and with &the consente of the sen;
ate that the legislature, meant what
It said;;ssthatt the legislature did not
mean that any governor should con.
stitute himself q senate and chief ex-
ecntfve in one and take upon himself
the duties and powers OF the legisla-
tive body as well as his own execu.
tive functions. The minority opinion
finds that inasmuch as the governor
declined to. I'LL these Offices in the
way specified by the legislature, he
cannot fill them as he hsteth now,
and that inasmuch as successors have
not been legally named, ScoW and
Power hold over. 8sf y 1@ ts4
George A. Totten has published pa
pers, filled pulpits, engaged in the
abstract business, organized league
newspaper associations and engaged
in various other pursuits during an
intermittent residence Of several
years in North Dakota. He is a
brother-irI,aw of Lillian TOtten,
whose right to hold the postmistress.
ship at Bowman was questioned in
the United States senate after she
had entertained in her home at Bow
man Kate Richards O'Hare, indicted
for her statement at Bowman that
mothers of American soldiers were no
better than brood animals.
Robert Muir of Sarles is a brother
in-law of William Lemke.
The retiring regents are men long
actively identified with educational
affairs in North Dakota Emil Scow is
q graduate of the University of North
Dakota, and was in his college days
a famous athlete. ]. A. Power is
president of the, North Dakota Live
Stock association, and a man long
prominent in the development of the
state.
Gives Frazier Control.
Today's supreme court decision
gives Governor Frazier the much-cov-
eted control of the board of regents,
andawith it, of all higher institutions
of learning in the state. He seated
one of his men, Rev. C. E. Vermilya
of Valley City, several weeks ago.
when Frank White resigned from the
board to become commander of the
Second regiment. The seating Of
Totten and Muir, leaves Chairman
Lewis F. Crawford of Sentinel Butte
and DR.. J. d. Taylor of Grand Forks
in the minority. L. 81