New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1918-01-30
3 ]. RI WRONG R 0 \!
IN HIS C0NTENT
STATE SCHOOL FUNDS MAY NOT.
BE DIVERTED FROM
ORIGINAL USE
LAW PROVIDING PUNISHMENT
FOR DRAFT oPPOsERs
ALSO UPHELD

FOR DRAFT OPPOSERS
iN ALSO UPHELD
Last Friday the Supreme Court of
the State filed two important and far
reaching decisions. One pertains to
the deficit in school aid funds and the
other sustains the constitute onality of the
1917 Minnesota law, prohibiting inter-
ference with military enlistments.
In decision overriding the position
taken by Governor Burnquist, Attorney
General Smith, President Burton Of the
University Of Minnesota and George
B. Alton and John Munroe Of the state
high school board, the Minnesota SUI
preme court yesterday held that 1916
1916 deficits in state school aid cannot
legally be paid from current school APP
preparations. It was to 2 decision,
Chief Justice Brown and Justice j. 81.
Quinn dissenting.
~ Lack of Harmony.
The courts action ends a contro-
versy that began with Governor Burn
GUSTS veto last spring Of the bill
passed by both houses of the legislature
appropriating $1,070,193 to meet a
deficit in school aid incurred prior to
July 81, 1916.
It stirred communities over the state,
split the school superintendents into
rival camps, divided the state high
school board and intensified the rumor-
ed lack OF harmony between the Gov
ernor and C. G. Schulz, state superin-.
tendent of education.
The 1917 legislature also appropriated
81, 637 ,545 tt.for aid =. to schools .ss:-..,
available for the year ending July 81,
1917, and $1,000 900 for schools avail
able for the year ending July 81, 1913
In vetoing the deficiency appro priatlon
bill Gov. Burnquist declared there was
nothing to- prevent taking part Of the
current appropriations to pay the ST..
O7O, 1913 deficit. In this he was upheld
by an opinion from the attorney general.
Long Deadlock on Issue.
The state high school board was
deadlocked for months over the issue
whether to accept the Governors con-.
tention and authorize use OF current
appropriations to pay the deficit or to
stand pat on the wording OF the appro-
priation acts and vote use OF the cur
rent appropriations only for the school
years 1917 and 1918.
On the board Messrs. Alton and Mum
roe, the former of Grand Rapids and
the latter of Faribault, stood for the
Governors method, while Mr.. Schulz
and Ell Torrance of Minneapolis held
that to use current appropriations to
pay deficit would be an unlawful
diversion of funds. Dr.. Burton, menu
Der of the board because president OF
the university, did not arrive IN Minis
nesota until July /. When he arrived
he accepted the attorney generals
opinion and voted with Messrs. Alton
and Munroe. y
The supreme court decision upholds
Messrs. Schulz and Torrance. Its deci-
sion ends litigation growing out OF the
high school boards order that deficits
be paid from current funds. J. +.
Muschel of Foley, taxpayer, brought
injunction proceedings to restrain state
officials from making disbursements as
directed. State Superintendent Schulz
was named as chief defendant in the
action. The Ramsey county district
court, which tried the action, sus-
tanned the plaintiff, overruled the de-
murrer to the complaint and enjoined[
the use of money to pay deficits. S..
1916 Deficit Holds Out.
The district courts order has been
sustained by the higher court. Dis
senting opinions advance that it would
seem of no special importance whether
the money reaches the schools under
the label deficiency appro priatio 8,
or appropriation for the year 1877,
They state: In either case the money
will be devoted to the same purpose.
There may and probably will be de
fciency but that will be matter Tor
future legislation. =
AS now resolved, the 1916 deficit
holds over, unpaid, and must be met met
by coming legislature, if at all. I'm
der the contention not sustained that
deficit would have been paid up and
la new deficit created, which, Of course,
would have gone to the next legisla-
ture. N
Following the opinion, Henry Rines,
state treasurer, announced that the
So, 637 ,545 Of state aid to schools, which
had been held up since October by
the law suit, could be distributed early
in March. The disbursement will be
made from approximately So, OOO, OO JOG