The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-03-31
ROBINSON LDS
REGENTS CANNOT
Be THROWN OUT
Only Kindergarten Matter. De-
clares Justice in His Satur-
day Evening Letter
WoULGesMAKE GOVERNOR
LITTLE KING, SAYS HE
Effort Made to Show Executive
Has Appointing Power With
out Regard to Statute

Declaring that the case presented
only kindergarten matter, and that
attorneys for the state sought to show
that the governor "is little king and
that he has an appointing power
which may be exercised without any
statute" Justice James e. Robinson,
IN his Saturday evening letter, which
appears in full below, holds that the
supreme court should deny Attorney
General William S. Langers petition
for the overthrow of the present state
board Of regents, in order that Cover
nor Frazier may find places for his
appOintees. whom the senate in the
Fifteenth general assembly thrice re-
jected.
While the opinion of the supreme
court has not yet been handed down,
Justice Robinson's personal opinion,
which he embodies in his Saturday
evening letter, is illuminating, partic-
ularly from the fact that the justice
was elected by the same ballots which
elevated to their present seats Cover
nor Frazier and Attorney General
LANCER, the venerable judge leading
all other Non-Partisan candidates in
the race for the supreme bench.
Because of it's important news value
Justice Robinson's weekly letter to-
day is given here rather than in its
usual position OH the editorialspage
SATURDAY EVENING LETTER.
(By Justice J. +. RObins0n)
This week every judge must have
credit for good work and full time. On
Saturday Of last week we had a suit
to oust the. board of regents on the
ground that their appointment was
not regular. They were appointed by
the governor on March 9, 1915, under
an act approved March 4, with an
emergency section as provided by Sec.
6 of the constitution. The act was
passed by a two-thirds majority Of the
members present in each house, and
there was no vote against it in either
house. But it was contended that the
act did not take effect until July 1,
after its passage, because the emer
gency section Of the act did not de-
clare it to be necessary for the pub
lie peace, health or safety that the act
should take effect without delay.
Only kindergarten Matter.
"Now as soon as counsel had made
an opening statement on the argument
of the case l showed them in few
words that the case presented only
matter arising under the
plain words Of the statute and two
sections OF the constitution, and that
the obvious purpose of the emergency
clause in the amendment providing
for the referendum was to limit the
referendum so it should not apply to
any act when passed with an emer-
gency section stating facts that it is
necessary for the public peace, health
and safety that the act should take
effect without delay, and that the
clause as provided for by
Sec. 6 Of the constitution is in com.
mon use and 1t Is not in any way re.
pealed or affected by the emergency
clause Of the referendum law.
Where to Get on At.
Still the lawyers who came to make
a big talk we're not satisfied to dis
pose of the case in simple manner.
One read books and talked a long
time to show that the governor is a
little king and that he has an appoint
ing power which may be exercised
without any statute. Then. the other
lawyer read an equal number of
books and talked still longer to show
that what the first lawyer said was all
bosh. In that way they talked over
four hours, though several times I
tried to show them where to get of
ut. In such a simple case it seems
big lawyers should not try to confuse
the poor judges or to pull the wool
over their eyes. Here is my opinion:
State, Ex Rel. LANCER, Etc.
"Robinson, j.: This is a simple
case. Its purpose is to oust the board
of regents on the ground that their ap-
pointment was void. The appointment
was made by the governor on March 9,
CONTINUED on page four.)