The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1927-09-28
WEDNESDAY, SEPTEMBER 20, 1927
WHAT THE UNIVERSITY WANTS

WHAT WANTS
TT HE GAZETTE goes to the pains and takes
the liberty of reprinting from the Min
- neapolis Journal the following somewhat
lengthy article We do this because there is
always such a wealth of misunderstanding and
untrue statements when the University of Min
nesota does something outside the beaten men
tai path of the populace of Minnesota The fol-
lowing article written by Charles Cheney, sets
forth with clarity and fairness, the intention of
the University to prove the constitionality Of
certain acts fundamental to its progress. AL
ready the word has gone over the state that this
is quarrel" between the present administra-
ton and the Board of Regents. Mr.. Cheney
makes it clear that this is not the case.
We urge that the Gazette readers take time
to read the article in order that they may be
fully informed. If they do not take time to &C
quire such information, they in duty bound
to refrain from making comment either for or
against the policy and plans of the University.
"The board of regents of the University of
Minnesota will decide a course of action as to
the state finance commission at the next regular
meeting of the board, September 81. 1t seems
certain that the board will direct lawsuit to
be brought, to determine fully and definitely the
extent of the "big three" authority the
states largest educational institution.
"The action is welcomed by the finance
commission, and both sides declare that it is not
a political controversy, or in any sense quarrel
1t is simply question of law.
"The finance commission stands on the
authority given to it by the reorganization act
of 1925, which gives it financial supervision and
control of the university, as it has over all the
other institutions of the state. This authority
extends to making of budget estimates for the
legislature, and, what is more vital, to approx
ing or disappearing estimates for expenditures
in advance, for each quarter.
"The regents, it is understood, do not ques-
ton the power of the finance commission to
make budget estimates or to require information
and reports and examine the records of the uni
versity as means to this end. Their stand is
against the "pre-audit" power of the new COM
mission
"The regents contend that in granting or re-
fusing authority for various university expendi-
lures, the finance commission in fact is deter
mining the educational policies of the institu-
ton, and the regents deprived of any real
control of it's educational affairs. Under the state
constitution, they assert, the regents are given
full control of the educational affairs of the in
stitution, and the courts have held
One interesting contention that will be
raised by the regents in the relates to the
territorial charter of the university, which was
ratified and made permanent by the state con-
stitution. The regents hold that under this
charter the university is a corporation and the
regents it's governing body, not subject to control
by any other branch of the government, except
the legislature may grant or withhold appro-
priations. This is a point that never has been
adjudicated fully by the courts of Minnesota
1t was not covered by the famous decision in the
board of control case, which held that the uni.
versity, charitable institution" was sub
ject to financial supervision by the board Of
control That decision was made obsolete latel
when the legislature changed the law.
'The old territorial charter was enacted
February 49, 1851, many years before the uni
versity actually began to function 1t createt
the university and board of IL regents 1t i.
interesting to note that this original act sale
the regents should be elected by the legislature
Though the state constitution adopted in 1855
ratified the location of the university as estab
ished by existing laws" and declared "all the
rights, immunities franchises and endowment
heretofore granted conferred" to be thereby
perpetuated," the legislature took the libert,
later to change the makeup of the board of re-
gents at least twice. For many years unde
statehood there were three regents exofficio, ant
nine others appointed by the governor. Nov
the law provides for 10 appointive regents, to b,
named from the 10 congregational districts o.
the state.
"Under the territorial act of 1851, Section z
its is provided:
"The regents of the university and their sue
cessors in office shall constitute body corpor
ate, with the name and style of the Regents Of
lie University Of Minnesota with the rights Of
ncA. Of suing and being sued, Of contracting and