The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-01-04
M'FARLAN HAS
RIGHT TO $4,000
RULES LANCER
Contract Between State and For
mer Normal President Valid,
:.e Says Attorney.
KOSITZKY CAN SUE BOARD
Opinion Refers State Auditor to
the Courts II He Is Not
Now Satisfied.
KOSITZKY CAN SUE BOARD

When the state board OF regents
agreed to pay $1,000 for the current
year to President G. A. Mcfarland Of
the Valley City normal school. provid-
ing he would place his resignation in
the hands of the hoard to become ef-
fcctive upon the appointment OF :: sue
cessor, and when President Mcfarland
accepted these terms. the state Of
North Dakota and Mr.. Mcfarland On
tcre,l in4O !, contract which Is valid
aId binding. and State Auditor Kosit
Zky has no right TO withhold payment
Of the sum agreed upon. rules Attorney
General LANCER in an opinion fur
nished Secretary Charles Lcissnan Of
the board OF regents today.
THE contract between the state board
Of regents and former President Ne
Tarland came TO Auditor KosilZkyS
attention some weeks ago when vouci
drs for $50, representing the first
months salary paid the former Valley
City normal head following his retire
ment, were presented Mr.. KOSitZky
Immediately set down his substantial
foot. declaring the board of regents
had exceeded its powers. and that the
state would not pay salary to any
man not actually in its service. Tic
at once referred the matter to the at
torney general, with whom Secretary
Leissman also consulted. and the Onin-
ION, although dated December 80, was
not filed until today. S,nsy'. d: .'t.-t
: Mr.. LANCER says:
'.';.The offer by the hoard of regents
and it's acceptance by Mr.. Mcfarland
effected contract between the stat"
Of North Dakota and Mr.. Mcfarland.
the validity OF which is The sole Hucs-
tion presented by your letter of in.
quiry, and there being no question
raised as to the capacity of Mr.. Nc
Fnrland to enter into such contract.
and the statute, above quoted having
expressly conferred upon the board Of
regents the power to hire the prcSi-
dent of the state normal school at
Valley City. the only matter remain
ing to be disposed of is as to the sutii
cheney of the consideration from the
stantlp0int Of the state. ~ a. 4 IL Ii
Your attention IS directed to the
fact that under the statute the h4s1
Of regents cannot remove the president
Of arstate institatiani at their spleasahQs.
In other weld sH RI ally eiffted presi-
dent Of "a state Institution, under the
fdiffiSn s:of the board .ofsregents,
elected for, IAN indefinite, period, as lwas
TIM t,ohtlftiO in, tile Syake of Pres NC.
Eatlanl, has the right ~ hold hisksposit
ton lultiIs he VOLUNTARILY relinauishes
Il. 81; until his action III the perforn-
anegpflhls -@latiG,s warralntty>ilis remoy-
al for Sufficient ,c;tuse Thewords 's,ft
4Acicnt scauseI Whena used in, this cons
nectien have been detined7,hy the courts
in MANY cases, go .,,z5.,. ,.,.xs.... I
Y ss:tR IS my opinion from the facts he
fore me that, the contract above re-
fcrrcd to is valid and binding upon
the state. and that its terms must be
complied with on the part Of the state
by the payment Of the salary. agreed
upon to Mr.. Mcfarland. 80
81 desire to direct your attention to
tie fact that this opinion deals only
with the validity of the contract i'll
volved. 1t is not within my province,
nor do express any opinion upon the
wisdom of the action taken by the
board Of regents. and If the state audi.
tor feels that the members of the
hoard of regents have grossly abused
the powers conferred upon them by
statute. the courts Of the state are open
TO him for a determination of the cues
lion. and each member of the state
board has filcd1 his sbond. duly ap.
proved, With the state, conditioned mp
on the faithful performance OF his
1,>%sx So. "a.