The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-08-08

Promises ignored.
Miss Nelson had the day before
protested the adoption OF similar
motion on the grounds that it con-
flicted with Sec. 1882, Chapter 268
of the compiled laws of 1913, defining
the duties of the state superintendent
Of public instruction, and with Sec
tion 8 Of the board of administration
act, which provides that the powers
and duties Of the state superintend-
ent of public instruction, as they ex-
listed. pricr to the passage Of this act,
shall not be altered or amended or
abridged. The Rev. T0tten and Mr..
Muir appeared to. sgree with Miss
NELSON when she cited her authori-
ties, and the matter was dropped for
that day. Thursday, however, Mr..
Hagan advised that he had spent the
night porting over the statutes and
that he had found excellent legal au-
thority for the action which the board
proposed; that all acts in conflict
with the board of administration act
had been repealed, and with them
any powers or duties which the leg
islature heretofore had conferred
upon the office to which Miss Nelson
was elected. The Rev. Totten and
Mr.. Muir were converted by Mr.. Ha-
gan's legal lore, and Casey had been
quiescent at all times. So, the reso-
luton passed.
Upon her second meeting with the
board Thursday, following. the ap-
pointment of e. P. Grain, a Macdon-
aid man, to he certificate clerk, by
the board of administration, in the
face of Miss Nelson's objection that
1t did not make for good organiza-
ton, that it was unnecessary and an
added burden on the state which was
not justified, Miss Nelson asked:
Then it is true that this act
does curta:l my powers and that
1t does limit my authority
''Oh, undoubtedly so; undoubt-
edly, so,' unctucusly replied the
Rev. Totten.
"Then the state superintendent
is creature of this board?"
"Oh, we would not say that
not that, exactly" said the Rev.
Totem, within limits pre-
scribed by this board there will
be duties for the state superin-
tendent to perform"
"You were of the opinion, were
you not" chuckled the Rev. Tot
ten, that this act would limit
your powers?"
Il was, yes" replied Miss Mel
son, ''but accepted the promise
of your leaders that it would
not"
Protest Not Accepted.
When this resolution originally
was presented Wednesday, Miss Mel
son asked to have read into the min
utes her protest against the admins
tration commissions taking over the
fixing of the courses of study for the
public schools, grade schools and high
schools, "as an unwarranted and H.
legal interference with her Office"
The Rev. Mr.. Totten was insistent
that this protest not go into the rec
ord. Miss Nelson was promised that
before the board took any action in
the matter an opinion would be pro.
cured from the attorney general "and
one other attorney" This promise
was ignored when the board sum-
marily took action yesterday, upon
legal advice from Mr.. Hagan The
Rev Mr.. Totten, chairman of the
board, was very determined that ac-
ton be taken yesterday and that no
delay be brooked.
The educational commission, ap-
pointed by the board of administra-
ton. then on motion of Prof A. p.
Hollis of the agricultural college,
bosom friend of Neil c. Macdonald,
the person Miss Nelson defeated last
fall. requested" the state board of
administration to appoint a certifi-
cate clerk "who should also be secre-
Continued on Page Two.)