The daily star-mirror. (Moscow, Idaho) 1911-1939, 1918-05-06
COMMISSIONER
BRYAN UPHELD
BY ATTORNEY
STATE BOARD OF EDUCATION
WINS EVERY POINT IN DIS
PUTE WITH AUDITOR
MUST SEPARATE FUNDS
ORDER ISSUED TO KEEP SCHOOL
AND STATE GENERAL FUNDS
SEPARATED

of education, is in Moscow today and
will remain until Wednesday. Dr.
Bryan came home with President
Lindley, of the University of Idaho,
from Caldwell and Weiser, where they
attended educational conventions, and
assisting in forming the budget for the
university for next year. He will go
over every item carefully with Pres
ident Lindley and the heads of the de-
partments and every detail of ex-
pense is to be passed upon in forming
the budget. If he can spare the time
while on this trip Dr.. Bryan will go to
Lewiston and assist in preparing the
budget for the state normal school
there, but it is doubtful if he can do
this on the present trip.
Money Comes to Moscow
Today H. Melgard, president of the
First Trust & Savings Bank and treas
urer of the board of regents of the Uni
versity of Idaho, received a draft for
$4,000, the amount of the Morrill,
fund for the maintenance of the ex-
detrimental and extension work of the
university, in compliance with the de-
cision recently rendered by the state
supreme court in which DR.. Bryan, as
state commissioner of education, had
brought mandamus proceedings against
him to keep the university funds sep
arated from the state general fund. In
speaking of the noted case and its
happy ending in favor of the universe
ty, DR.. Bryan said:
Treasurer Melgard today received a
draft for $4,000 from the state treas
urer for the Morrill, fund, thus ending |
that part of the case. 1t should be |
understood how these funds are pro-
vided and how they are to be used in
order to understand the position of the
board of education and the board of
in demanding that these funds
be kept separate. The government
provides certain funds, of which the
Morrill, fund is one. The university
owns 96,OS0 acres of land; the agricul-
tural college, which is part of the
owns 10000 acres, and the
school of science, also part of the
the three schools being one
institution in this state, has 100000
acres.
when these lands are sold the mon
~ received for them goes into certain
unds and is to be retained there I'M
il used for the schools for which they
re intended. The interest from these
unds must be used for the respective
ended and can not be used for any
Their purpose. 1t has been the custom c
lot only of this but of previous adj
to use the interest on
hese funds for the state general fund.
The treasurer's books show these
unds were kept separate but the aud :
.or's books show them to be placed
l the state general fund. I finally
sked the treasurer to not put these
lnds into the state general fund but
e refused. The suit was brought and
le supreme court sustained the board Z
t education and ordered the funds
aid to the treasurer of the board of
egents, as you have reported. This
ecision holds that these are trust :
4 I, 4I,axr hall 10
minor child and can not be used for
ny other purpose than that for which
ley were originally intended. 1t is
ow up to the auditor to obey the law
nd the plain ruling of the attorney
eneral." q
The Attorney Generals Ruling
Attorney General Walters rendered
ruling on this case which was given
DR.. Bryan last Friday and which
axes it very plain that the state aud :
Dr. was wrong and the board of educa- Fl
on was right The attorney generals
oinion follows:
"This office has given the matter of
andling the educational funds con-
derable 4 thought and we have =,
ached the conclusion that not only :
e endowment funds for the various
but also the income from =
ose funds, should be kept separate n
i'd apart from the general fund and
It comingled with other funds in
e state treasury. The method where -
these funds shall be kept separate
question for the determination of
9 auditor and treasurer and not for
r office. Of
The provisions of house bill No. BIG