The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-10-21

tional limitations, possesses the
system and public schools Of this
OF study in such schools.
Board of Administration Upheld
The board Of administration
act, S. B. 1874, enacted by the
assembly of 1919 and referred
to and approved by the people
of the state at a special election
last June, so far as the same
grants the specific power to the
board of administration to su-
pervise and control the prepara-
tion of the courses Of study in
the common schools of the state
is not unconstitutional upon the
ground that it interferes with
and takes from the superintend-
ent Of public instruction prerog-
atives possessed as a constitu-
tional officer, holds the court.
The court rules that the su-
perintendent Of public instruc-
tion has no constitutional power
or inherent right to prescribe
and prepare the courses of study
for the common schools Of the
state. This right, pursuant to
direct constitutional provision,
says the court, has been granted
to the legislature. The case of
ex parte Corliss, cited by the
state, is distinguished and held
not in point.
STATUTORY CONSTRUCTION
In applying legal rules of statutory
construction, the object intended to be
accomplished should be considered,
says the courts syllabus. In consider
ing conflicting statuatory provisions, it
continues, the main object to be kept
in view, the court continues, is the as
ccrtainment Of the legislative intent
This legislative intent may be deter
mined from general consideration Of
the whole act, with the established
rolicy Of the legislature, as disclosed
by the general course of legislation.
'In connection with the application
of such rules of statutory construction,
whereby specific power has been
granted, in statute to, a board of ad-
ministration with which general res
ervation therein concerning the duties
and powers of the superintendent Of
l,ublic instruction is inconsistent, the
81 ecific power so granted VII prevail
over the general reservation stated
"Ln 1919, pursuant to s. 3. 134, the
legislative assembly enacted the board
Of administration bill wherein there is
specifically granted to such board the
Lower to have charge and supervision
of the preparation of courses |of study
for the several classes Of public
schools; however, in section 8 thereof,
1t is provided that the powers and
duties of the superintendent of public
instruction shall be subject to the su-
pcrvision and control of such board
cily in so far as such powers and
duties were by law subject to the su-
pervisiOn and control Of the state
board of education and other boards
to whose powers such board Of admin
istration succeeded.
upon an original application by the
superintendent of public instruction to
compel such board to refrain from in
vestigatfng, preparing and prescribing
courses of study for the common
schools of the state, the same being a
power and duty heretofore possessed
by such superintendent, 1t is held upon
legal construction of the intent and
purpose Of the act in regard to the
preparation and prescription Of the
courses Of study for the common schools
of the state that the superintendent OF
public instruction possesses the power
and duty to prepare and prescribe
courses Of study for the common
schools Of the state, subject to the
rower Of supervision and control by
such board of administration, pursuant
to the specific power therefore granted
ii the act
"Original application for prohibition
and injunction against state board
OF administration by the attorney gen
eral and the superintendent Of public
instruction denied"
The opinion Of the court is written
BY Judge Bronson, George r.! Wallace,
state tax commissioner, and Joseph
Coghlan. employed in the supreme
court library, were attorneys for the
board of administration. Attorney
General LANCER and Assistant Attor-
ney General E. B. Cox represented the
state.
VICTORY FOR MISS NELSON
For all practical purposes, the Edecis-
ion Of the supreme court In the course
cf study case is held an empty victory
for Miss Minnie j. Nelson. state SUI
perintendent Of public instruction,
against whom the Townley forces,
headed by the two Macdonalds and
Governor Frazier, have waged an un-
ceasing war since her election by a
majority Of 5000 over Neil G. Mac
donald last November.
-'.st CONTINUED on Page Four.)