The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-03-24

That their appointments by the
governor and the senate in 1915
are legal.
That the governors failure to
submit to the senate in the last
session names of two men salts
factory to the senate to succeed
Regents Power and White. results
in the continuance Of those two
officers in power till the next leg
islature meets.
That the court HOLDINGS uni
formly uphold the proposition that
an appointment made in prospect
of an Office becoming established.
under a law already passed, or in
binding and legal appointments.
That the nomination Of the men,
bers of the so-called Hanna board
Of regents were made after the
law was passed and approved by
the governor, and that the appoint
ments were confirmed after the
law had been signed by the exc
cutive.
That the attorney general has
apparently abandoned his first
proposal that the appointments
were made March 2, three days be-
fore the bill creating the board of
regents was passed. because no
reference to such theory is con-
tanned in the petition filed in the
supreme court. though that theory
was advanced to Governor Frazier
by the attorney general in opin-
ions filed when the issue was first
raised, and by the governor COM
municated to the senate.
That the nominations, transmit
A. - - 80
continuing nominations; that is,
they continued as denominations
daily for the period they were in
the hands of the senate, thus
amounting to a denomination by
the governor after the act was
finally passed and approved by the
governor.
That the supreme court of this
state has previously ruled that in
cases where officers are to be NOM
mated by the governor and CON-
firmed by the senate, there can be
no legal appointments. except by
that process, unless 1t be to fill
vacancies caused by the removal
of officials for cause. i.
That Governor FraZier'ss pro-
posed board OF regents clearly
have no title to the offices because
their appointments were rejected
by the senate. no confirmation or
their appointment being voted by
that body.
) In raising the point that Governo
Frazier, by insisting upon the ap
continent of a full board of regent
o take the place of the present boarC
# regents, lost his opportunity Of fill
ng the vacancies caused by the end
ng of the terms of. Regents ]. A
power of Leonard and Frank White 0
Valley City, is one of the most start
ing features of the exhaustive ant
brief filed by Attorne.
Aubrey Lawrence of Fargo, leading
counsel for the board Of regents.
While this move had been antici
,ated, the fact that it is infected int
hese proceedings likely will bring ;
,ourt ruling on the point, and If tn
Hanna board carries It's point in tn
courts. then Governor Frazier woulc
,e barred from filing the two positions
IN the board till the next Legislature
E
Want Expeditions Adjustment.
Attorney Lawrence, in his brief
ties the fact that members of tn,
Crawford board are DESTROYS OF a.
expeditions a settlement OF the Issues
aised by the governor and the attor
ley general as possible, because o
he chaotic condition of affairs createt
n relation to the administration of af
airs Of higher educational institutions
# the state. 1t is maintained that an OBJ
ection to the courts jurisdiction ever
adopted by the court, would simply
mean the starting of the action in {
over tribunal and the dragging on
If the proceedings over long period
hus maintaining the present very un
condition.
While the attorney general does no
Ldvance that point in the quo war
anto petition, filed in the supreme
court. the Lawrence brief discusses
he question OF when the appoint
nents were made. The law was finally
,assed by the legislature on March
md signed by the governor on Marci
The next legislative journal refer
nee to the board Of regents Is thu
ecord Of confirmation on March 5.
While such appointments may have
,een submitted to the senate March 2
hey continued effective and are to b'
as continuing nominations
ID to the time they were confirmed
When they became appointments.
Senate che Judge.
That the. question Of time in nomin'
tions is to be treated as a surplusage
! evident, the brief says, by the fac
hat the senate saw At to consider thu
and further, by provis'
on for the nomination Of regents wher
he first appointees proposed by ths
governor are not acceptable. A provis.
on Of the law is that in the even
,orninees are not acceptable, conflrma,
ion being withheld, then the governor
hall again nominate candidates. This
Iroviso is made Notwithstanding TIT
act that definite time is flxed fol
he first nominations TO be submitted
NO attempt was made by the regents
appointed ii 1915 TO take once until il