The Nonpartisan Leader Newspaper, October 4, 1917, Page 11

PSR, W ST T R G B L SN :fhe “Yellow I?ress", that is, tP.!e_ s‘ensational newspapers that are fighting the Nonpartisan league and the farmers, wanted to please the old political gang. So Mr. Ye‘ll?v_v Pres_s’.posed Mr. Politician as the dominating figure in the political waters and took his picture—so he thought, But both Mr. “Yellow Press” and Mr. Politician failed to notice that something else was swimming in the political waters. Chaney, the Leader cartoonist, shows the picture the “Yellow Press” got. The ¢amera seems to have been snapped a minute too late, and the Old Gang was not photographed at all—only the crocodile that had swallowed the Old Gang ap-=: peared in the developed plate. i ~ Dr. Ladd Saved to the State Old Board of Regents Ousted, and Governor Frazier Names Three Out of Five, by Supreme Court Decision A P A T R. B. F, Ladd is saved for service_to the state as presi- dent of the North Dakota Agricultural college, Two members of the board of reg- ents that tried to oust him because of his unswerving fight for the farmers and against Big Business, have them- selves been ousted by the state supreme court. The appointees of Governor Frazier, named during the last session of the legislature, and renamed after July 1, 1917, to fill vacancies that oc- curred on that date, have been confirm- ed in office. These two men, together with Rev. C. E. Vermilya of Valley City, appointed recently by the farm- ers’ governor to take the place of Frank White, who resigned to become colonel of the Second North Dakota National Guard, make three out of five of the members of the board, Gover- nor Frazier’s appointees. In addition to saving Dr. Ladd, this new board will have the duty of nam- ing, within a short time, a president for the state university, to fill the wvacancy caused by the recent resigna- tion of President Frank L. McVey. This is a big victory for the people of North Dakota. It insures continu- ing the Agricultural college as an ag- gressive force in the development of farming in this state. The policies that have been approved by the people for many years will not be changed. The wheat investigations will go on undis- turbed—the wheat investigations that have forced the country, from every rural township down to Washington, D. C., to take notice of the robbery of the grain growers. The engineering courses which the old board of regents was bent upon taking away from the 'A. C. will not be taken away. The courses of study that were intended to give the sons and daughters of farm- ers a chance to become more than mere plodders of the soil, will now remain at the peoples’ school, and be develop- ed. AGRICULTURAL COLLEGE WILL NOT BE CRIPPLED Everyone in North Dakota remem- T bers the famous “survey report” ob- ' tained by request of the old Hanna board of regents last fall, how it pro- posed to humiliate and cripple the Agricultural college, how this report was made up by persons from outside the state secured by the old board, which has never failed to show its leanings towards Big Business and scant consideration for the farmer citi- sens of their own state. Every one will yemember the demand of this same board of regents only a few weeks ago- for Dr. Ladd’s resignation, and Dr. Ladd’s refusal; how at first the board tried to pretend it merely wished to re- lieve Dr. Ladd of some of his strenuous duties, but when he refused to fall for that, came out boldly and told him his “usefullness had been impaired” by the things he had said and written—mean- ing, of course, his speeches in favor of fair play for farmers, his “D feed wheat” bulletins and such things. Instantly there was a statewide storm of protest. Governor Frazier was besieged by organizations and in- dividuals to save Dr. Ladd and oust the regents that were trying to destroy him. The people—7000 of them—wrote letters and sent resolutions to their local papers and to the Nonpartisan Leader to the same effect. Unable to compel Dr. Ladd’s resignation, the reg- ents decided to wait until the storm blew over. They intended to go ahead with their project later. One member admitted they were making a still hunt for a successor to Dr. Ladd. They would have got that successor and Dr. Ladd would have been thrown into the discard at the first opportunity the old board thought favorable and safe. But now comes the supreme court decision, and he is saved. PEOPLE’S CHOOSING OF JUDGES IS NOW VINDICATED One of the good things that came from their failure to “get him” was Dr. Ladd’s appointment to the federal price fixing board, where he saved farmers something like 35 or 40 cents a bushel on their wheat by presenting indisputable facts as to cost of produc- tion, and standing up firmly for their rights. Dr. Ladd was also named food administrator for North Dakota, a position he would not have been called to fill, if he had laid down when the old board tried to compel his resignation. If he had been kicked out, he would never have been named on these boards. The supreme court decision is also a victory for the people in another way. It proves that the people should take an intelligent interest in the selection of judges not biased by legal technical- ities or dominated by politicians or Big Business. The three judges of this character, pledged to be fair to all in- terests, elected last November through the Nonpartisan league, stood by the farmers’ governor in this decision. The other two judges dissented, and Chief Justice Bruce went go far in his dis- genting opinion as to state that the vacancies on the board of regents, which Governor Frazier was filling by appointment, were “of his own arbi- trary and illegal creation.” These vacancies came about in this way: HOW THE VACANCIES CAME TO EXIST The 1915 legislature passed House Bill 361 creating the board of regents to take charge of all the educational institutions of the state in place of the several boards of trustees for each one. This act was passed and approved by Governor L. B. Hanna, March 4. But before the bill became law, Governor Hanna had already named his board. After the, act became law, Governor Hanna overlooked appointing them again and so they were never legally in office, in the opinion of the farmer’s governor and attorney general, but in an ouster suit to dislodge- the whole board on these grounds, three judges decided against Frazier and two with him, Judge Robinson at that time hold- ing with Judges Bruce and Christian- son, against Judges Birdzell and Grace. During the session of the legislature last winter, acting in the belief that none of the present board members were legally holding office, Governor Frazier sent for confirmation to the senate a list of five appointees to take their places. The old gang senate re- fused to confirm them. The governor sent them in again, and again the senate, after executive sessions, refus- ed to accept them, the line-up being the old gang against the governor, and the Nonpartisan senators with the gov- ernor. The trouble was, the old polit- ical ring did not want to lose control of the state’s educational institutions. It did not want the people to get con- trol .of them through Governor Frazier's appointments. SUCCESSORS TO OUSTED MEMBERS NAMED Governor Frazier then started his ouster suit, mentioned above, but failed by one vote to oust all members of the old board. Then he waited until the terms of two of the holdover regents expired June 80, and immediately named their successors. The old board members whose terms ended on that date were Emil Scow of Bowman and J. A, Power of Leonard. The two whom Governor Frazier named to take their places were George A. Totten of Bowman and Robert Muir of Sarles. But do you suppose the old gang board of regents would let go? Not much. They declared they could hold office until the next session of the PAGE ELEVEN legislature; that because the legisla- ture last winter had not confirmed members to take their place, there was no vacancy and they could hold over until some senate would confirm Gover- nor Frazier's appointees. They hired several big lawyers, including one of the supreme court judges ousted by the people last year, and former attorney General Linde, also ousted by the peo- ple, and declared they would fight the matter through the courts. Having won in the first ouster suit brought on other grounds, they thought the su- preme court would decide with them again on the new grounds, and so the best lawyers in the state, with Aubrey Lawrence of Fargo in high command, went to the mat as it were with At- torney General Bill Langer and As- sistant Attorney General Dan Brennan, and they stayed down for the count. TECHNICALITY URGED IN FAVOR OF OLD BOARD Judge Robinson, who held with them in the previous case, pointed out that the new one was entirely different. He said there was a vacancy after the terms of these two men expired, and that Governor Frazier was authorized under the law to fill the vacancies. Mr. Lawrence contended this was a very special kind of a vacancy and that the governor could not appoint anyone ex- cept to ordinary kinds of vacancies— and he named a few of them, death, inability to.fill the office, etc. But the court held that these two vacancies existed, and that it was the duty of the governor to act. Governor Frazier’'s appointees are therefore confirmed, and will shortly take office, turning over the control of the board of regents, with its complete power over the university, A, C., nor- mal schools, school of science and all the rest, into the hands of the people. One thing that will result imme- diately will be the restoring of har- mony in control of the state’s educa- tional institutions. The new board will have no grudges to feed, no friends to favor, and will be able to take hold of the big task of guiding the institutions of learning in a spirit that will insure careful consideration of the welfare of all of them. The effort of Big Business to get its “finger in the pie” has failed, and with no possibility of getting control now, there will be a chance to forget the turmoil that has been kept alive in that effort during two years, and put all institutions on the same plane where none is being injured or favored at the expense of another.