The weekly times-record. (Valley City, N.D.) 1912-1922, 1919-01-09
MACDONALD WILL
NOT QUIT OFFICE

Bismarck, N. D., Jan. 6. - N. C.
Macdonald, outgoing superintendent
of public instruction yesterday morn
ing declined to give Miss Minnie j.
Nelson possession of the office, con-
ending that Miss Nelson does not
, ID the legal qualifications required
s. 'aw to take office.
X 8. torney General LANCER will this
q, 2. ION file mandamus action in
SUI e court, requiring Macdon-
aid % 'rrender Office, and he will
fight q, ese for Miss Nelson with
out ex, o. to her on the ground
that sh. - legally elected Of
fetal, ano uch is legally entitled
to his ser\ las attorney general.
Should Mace o1lald be ousted in man
damus action, further proceedings
are contemplated by him, with the
likelihood that action in certiorari
would be started as a means Of
further contesting Miss Nelson's
title Of office.
When Miss Nelson and her dep
uty, II. G. Arnsdorf, entered the Of
fee this morning, Macdonald i'm
mediately informed her that he
would not surrender the Office. Miss
Nelson responded that she was re-
lying upon Attorney General Lang
er's opinion that she was entitled to
the office under her qualifications,
to which Macdonald replied that the
"attorney generals opinion did not
cut any ice with him. At this stage
Mrs. Macdonald entered into the
conversation, and when her inter-
view of recent date, published in the
Forum to the effect that no contest
of Miss Nelson's claim to the Of
flee would be made, was called to her
attention, she replied that it had only
been decided last night to make the
fight to retain office.
"The constitution fixes the quail
fications for superintendent of public
instruction, and the legislature is
powerless to prescribe additional
qualifications or requirements" said
Attorney General LANCER. "But even
if the legislature has such power
Miss Nelson has all the qualifca-
tions that are required by law, and
is entitled to Office under either the
constitutional requirements or under
the statutory qualifications. I shall
most certainly carry this case to the
limit because Miss Nelson's claim to
the Office cannot be successfully dis
puted in the courts"
Miss Nelson said she was wholly
relying upon Mr.. Langer's opinion
and Judgment in the matter.
Mr.. Macdonald told a Forum rep
resentative that he was legally bound
not to turn over the Office to any
body not legally qualified to hold
the office. 2ss - .-,..l,s
II have had hundreds Of letters
from educators of this state and other
states on this subject" said Mr..
Macdonald. IF no educational re-
quirements are necessary for the
Superintendent of public instruction,
why do we make requirements for
teachers. I am doing this entirely in
the interests of higher education. 1t
is matter that should be cleared up"
Back of today's action by Mr.. Mac
donald lies deep political significance
in the fact that it may mean an open
break between Governor Frazier and
LANCER. Frazier is supporting Mac
donald in this movement.
Just what attitude Nonpartisan
leaders such as Townley, Lemke and
others have taken, is not known
positively, except that it is not gen.
orally presumed that Frazier has
gone into this thing with Macdonald
without their advice or consent.