The weekly times-record. (Valley City, N.D.) 1912-1922, 1919-11-13
COURSE OF
STUDY CASE

called "Course of Study Case," written
by Justice Bronson and concurred in
by all the members of the supreme
court except Chief Justice Christian
son, wholly ignors the Legislative his
tory of the enactment of, Senate Bill
1874 is the gist of a dissenting opinion
handed down today by Chief Justice
Christianson.
Judge Christianson in his dissent
reviews the history of Senate Bill 1874.
He cites especially that the measure
was amended finally after having gone
from the Legislative body to commit
tee and back again four times by the
insertion of Section which reads as
follows:
"The powers and duties of the state
superintendent of public instruction as
heretofore provided by law shall be
subject to the supervision and control
of the board of administration, only
insofar, as such powers and duties
were by law subject to the supervision
and control of any or all of the boards
mentioned in Section of this act"
He pointed out that it is not denied
in the majority opinion that the state
superintendent Of public instruction
has prepared and prescribed the
courses of study for the common
schools of the state for thirty years.
In fact ever since statehood. Neither
is it denied in the majority opinion
that the law at the time Senate Bill
134 was enacted, and at the present
time, specifically states that che shall
Judge ChrisIianson does not use
high-sounding phrases nor pollysylla-
bic expressions in his opinion but in
the following paragraph straight-for-
wardly sets forth little political his
tory that seems to have been ignored
by the majority:
"Section was not only the last in
order of arrangement, but the last IN
point of time. 1t was formulated and
inserted after the bill had been intro
duced. Why was it inserted? What
evil in the original bill was it intend
ed to remedy? What object did the
men, who insisted upon and procured
the amendment, have in mind? These
questions naturally suggest them
selves, and it seems to me are fully
answered by the language of Section
9 and the history of the passage OF
the law. Certainly Section was m
serted for some purpose. The leglsla-
tors aid not insert it merely to in
crease the number of words in the law.
The language of the section is plain
and uneauivocal. 1t must have been
inserted to- accomplish the purpose
which it's language indicates. The prl-
mary purpose Of Senate Bill NJ. 49,
was to create the board of administra-
ton; to abolish the board of regents,
prepare and prescribe the course OF
study for the common schools OF the
state" This section of the law the
majority opinion, so Judge Christian
son states, expressly holds was not
repealed by Senate Bill 134.
He further upholds the entire line
of argument as presented to the court
in behalf of Miss Minnie Nelson by
Assistant Attorney General Edw. B:
Cox for Mr.. LANCER, and study OF
the majority opinion and the opinion
of Judge Christianson is another evil
dence, of the way political controver-
sizes are allowed to creep into and in
fluence the nonpartisan league su-
preme court.
the board of control and the board Of
education, and to confer upon the new
board the powers possessed by the
boards to be abolished. Opposition
was made to the bill on the ground
that it would deprive the super1nter'~
dent of public instruction Of power
which had been and were then beng
then existing laws. The senate there
exercised by that official under the
mon amended the bill, and obviated
the objection, by inserting the speci-
fic provision that the board OF admln.
istration should have no further rlght
of supervision and control over the
powers and duties of. the superlnte1a,-.
dent of public instruction than that
which had been possessed py the
three boards which it succeeded; Inese
facts are clearly established by the
language of the law, and the history
of its enactment"
In this connection it is interesting
to note that Governor Frazier NM
self went to Secretary of State Thom-
as Hall at the time the ballots were
being prepared for the referendum
election and requested that on the bal-
lot and in the reading matter relat-
ine to Senate Bill 1874 be inserted tne
paragraph: , r ,>
"Powers of superintendent Of pub
lie instruction are not abridged, (oee
Section o.. This in itself is taken as
an indication that the Governor inter.
preted the law as not intended to loot
the office Of Miss Minnie Nelson, at
least until the act had been approved
by the people of the state and the
final machinery Of the A. c. ToWniey
system was set in motion to provide
Jobs for N. C. Macdonald, the man
whom a woman beat, George T: Tot
ten, the entertainer of Kate Richards
O'Hare and others. ~,
MATING SHEEP
Sheep mated Nov. 1st to 18th, Will
drop their lambs before seeding time
when there will be more time to look
after them. Fairly good shelter Will
be needed. If it is desired to have the
lambs dropped after seeding, mate
+bo,,, nac O(th to January 10th. Less