Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-11-07
NELSON
SHOULD KEEP
AIL.AUTHORITY
Christensen Dis
sents From Majority
Opinion of Court.

$50 ~ Liz SAtS lCSl SlQLOlS VI
the 9Th assembly and the people who
approved the board of administration
act at the referendum election last
June believed that the amendment
to the original bill Included in much
discussed section 2" reserved to Miss
Minnie j.. Nelson. state superintend-
ent of public instruction. all Of her
powers and rights, Chief Justice A.
NJ. ChristiansOn dissents ron the ma
jority opinion of the supreme court
which holds that: the board of adj
ministration has authority to super
wise and control the preparation of
the course OF study for North Dako-
ta's public schools.
'It SENS clear that in SO far as
there is n conflict between section
9 n the prior provisions Of the bill,
section 9%is expressive of the legisla-.
tive intent" says Chief Justice Chris
Hanson, in his opinion filed Thursday
evening.
W Was Official Belief. 4
THAT vas the construction placed
upon the law by the officials whose
duty 1T was to prepare election no.
tees and ballots for. the referendum
election. And every elector who vot-
ed to approve or reject the law ex-
pressed his choice upon a ballot
which informed. him positively and
uneauivocaily That Senate Bill No. 1874
did not abridgc any Of the powers
and duties of the superintendent OF
public instruction. and in confirma-
ton of, that statement his attention
was directed to section. 9 of the law:
That section was the only one in the
called to the attention of the electors.
Hence, it appears that not only the
Legislators vino enacted. but the peo-
pie who approved Senate Bill 1874
must have intended section Q to be
controlling upon the matters covered
thereby. ANY. prior provision in the
act in ~irreconcilable conflict there
nugatory."
Last Section.
Section g." says the chief justice,
was not only the last in order Of ar
rangements. but the last in point Of
time. 1t was formulated and insert
ed after the bill had been introduced.
Why was it inserted? What evil in
the original bill was it intended to
remedy? What object did the men
who, insisted upon and procured the
amendment have in mind? These
selves, and it comes to me are fully
answered by the language of section
S9 and the history of the passage OF
the law.
Certainly section 9 was inserted
for some purpose. The Legislators
did not insert it merely to increase
the number of words in the law. The
unequivocal. 1t u have been in.
serted to accomplish the purpose
which it's language indicates. %.
1.-THE primary purpose Of Senate
Bill 1874 was to create the board OF
administrations: to abolish the board
of regents, the board of control ant
the board OF education. and to confer
: upon the new board the powers pos
: sessed by h boards to be abolished
{ Opposition was made to the bill OF
the ground that it would deprive TIN
, superintendent of public instruction
Of powers which had aheen and wer'
then being exercised. by that official
under the, then existing laws. TIL
senate ~thereupon amended the bill
and obviated the objection. by insert
U ing the specific provision that tn
board of administration should hav
no further right of supervision an,
control ove the powers and dutie
of the superintendent of public in
struction tnan that which had bee
) possessed by the three boards which
t it succeeded. These facts are clearl.
: established by the language of tn
4, law and the history of it's enact
ment."
t Hatton Petition.
In connection with Justice Chris
tianson,s$opinion in this case, the peti
j ton Recently sent to Governor Frazit
by ESQ voters of the Hatton schoc
district in Trail county is of Interest
Attorney Genera LANCER is to spea.
at Hatton Saturday. -,
The petition follows: .
We. the undersigned, patrons Q
school district of Hatton. Trail coun
. ty, North Dakota, being all legal
qualified voters in such school dis
trict, do hereby protest against tn
action of the board Of administra
ton in d%epriving Miss Minnie J. Me
son. suoerintende., t OF public instrue
ton. OF many of the duties, power
and privileges which said official ha
heretofore had. 1t is unnecessary fc
us to go into detail regarding the az
tons Of such board. Many of US
the, referendum election voted for tn
= ~so-calTed educational bill upon the e,
press promises of yourself and otht
speakers for the administration thu
Miss Nelson's MOWERS would not /
curtailed in any way II the Law Wa
approved. We therefore urge 70,
as the chief executive of our state.
use your power and influence in pr,
venting the board of administratio
from continuing its unjust condu'
: towards Miss Nelson n to right IL
wron- which they have already II
flicted upon her. and her office.