University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 1960 An ex officio board in action: Construction of public buildings by the Montana Board of Examiners David A Leuthold The University of Montana Follow this and additional works at: https://scholarworks.umt.edu/etd Let us know how access to this document benefits you Recommended Citation Leuthold, David A., "An ex officio board in action: Construction of public buildings by the Montana Board of Examiners" (1960) Graduate Student Theses, Dissertations, & Professional Papers 8803 https://scholarworks.umt.edu/etd/8803 This Thesis is brought to you for free and open access by the Graduate School at ScholarWorks at University of Montana It has been accepted for inclusion in Graduate Student Theses, Dissertations, & Professional Papers by an authorized administrator of ScholarWorks at University of Montana For more information, please contact scholarworks@mso.umt.edu AN EX CFFICIO BOARD IN ACïIÛNỵ CONSTRUCTION OF PUBLIC BUILDINGS BY THE MONTANA BOARD OF EXAMINERS by DAVID ALLEN LEÜTHOLD B, A Montana State ünlveralty# 1954 Preacnted la partial fulfillment of the requirement* for the degree of M&Bt&t of Art# MONTANA STATE UNIVERSITY I960 Approved by: y Chairman, Board of Examiner# / ^ _ Dean, Graduate School AUG I960 Date Reproduced with permission of the copyright owner Further reproduction prohibited without permission UMI Number: EP39604 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted Also, if material had to be removed, a note will indicate the deletion UMT Dis*«rtationPobli*h«ng UMI EP39604 Published by ProQuest LLC (2013) Copyright in the Dissertation held by the Author Microform Edition © ProQuest LLC All rights reserved This work is protected against unauthorized copying under Title 17, United States Code Proj^^st ProQuest LLC 789 East Eisenhower Parkway P.O Box 1346 Ann Arbor, Ml - 1346 Reproduced with permission of the copyright owner Further reproduction prohibited without permission TABLE OF COKTEETS Chapter I* Page THE BOARS OF EXAMINERS AS A MOKXAKA EXECUTIVE Orgaxiiratloa o£ the Executive Branch of State Govensecnt.•••••••• The long ballot Boards and w x B m i s e i o n a # Ex officio boards Attempts at reorganisation Present organisation of Montana executive branch History of Boards of Examiners California statute Nevada Constitutional Convention Idaho Constitutional Convention» Montana Constitutional Convention Utah Constitutional Convention Public Assessment of Montana Board of Examiners II DEVELOPMENT OF THE BUILDING COKSmUCTION POWERS OF THE MONTANA BOARD OF EXAMINERS Statutory P o w b^n-Statutory Powers IV e r s 10 12 16 19 19 20 22 23 24 26 33 STATE CONSTRUCTION AGENCIES Authorities Which Construct Buildings Board of Education Highway Commission State armories Miscellaneous boards * S u m m a r y III, I THE AmlNlSTRATION OP CONSTRUCTION BY THE BOARD OF EXAMINERS Procedure and Staff Planning for Buildings Arranging for Finances Purchase of Buildings Construction with Resident Labor, Maintenance crews Disapproval by unions and contractors Inmate labor Stricter policing by Board ill Reproduced with permission of the copyright owner Further reproduction prohibited without permission 35 36 37 39 41 43 44 57 61 61 66 69 73 74 74 76 79 80 Chapter Selection of Architects Architects selected#ããããã#ããã#ããããããããããô Legislative criticism of architectural selection#### #ã*ãã#ôããã#ãã#ãããããôã## The Architect*s Duties#.#.#.## #.#.#.## # Payments to architects##ããã#ã*ããôôããããã#ã Bidding and Contracts# ### .##.### Bid awarding# #ã##ôô # ## # .# Contracts for construction##.# ãã#.ôôããằ Change orders## Payment to c o n t r a c t o r s Supervision of Construction.••*# Public Building Managmmsnt ###.# S m o m a r y V THE $5,000,000 BOKD DISPUTE^#THE ALLOCATION OF THE FUNDS # 81 8S 90 93 96 100 101 107 110 113 114 119 124 123 Enactment of Bill #.#.#, «#.« ##.,#.# # 130 Board of Education Action, # ## ## 133 Board of Examiners Action# ## #, 135 *Friendly** test ease .* #.# 137 Long range planning#.••••••#••#••,••.•••• 138 Board of Education Reaffirmation# 139 140 Board of Examiners Allocation Two sets of minutes ».# # #.# #.# 142 Interpretations of Examiners Allocations#*.#•• 144 Explanation by Attorney General Olsen 145 Explanation by Governor Bonner # # 149 Explanation by Secretary of State Mitchell 150 Arguments About the A l l o c a t i o n s 153 Political pressures on the two boards 155 Montana newspaper comment.••.•••##•••••# 157 High Line opinion.# ,#.#.# .# # 161 Preparations for Construction.# 162 Seiko Requests Reconsideration 166 VI THE $5,000,000 BOND DISPUTE— SEVENTEEN MONTHS OF STALEMATE Taxpayer*s S u i t Bonner*8 case* Delay Court action# Political pressure, Sept^ber to April **Have*>not** schools Group action.ã#.ôãôããô #ã Northern Montana College support iv Reproduced with permission of the copyright owner Further reproduction prohibited without permission 168 168 170 172 173 176 176 173 181 Chapter Fage Compromise Attempts,# Attempted funds release.,., ,.,,,, , Havre joint meeting Selke resignation.,., Compromise achieved Board of Examiners as Stewards, Political Pressure, April to January Legislative Session Court Decision., , 207 184 190 192 193 195 199 202 Summary VII.COHCLUSIOH APPENDIXES A, B, C, D, E, Members of the Montana Board of Examiners, 1889*1960 Montana Ex Officio Boards Which Include Elective Officers List of State Institutions and Building Groups* With Total Number of Buildings, Total Insurance Value of All Buildings* Major Buildings and Their Insurance Value* at each Institution Chronology of the $5,000,000 University Bond Issue Dispute Pxx»poted Allocations of the $5,000*000 Bond Issue BIBLIOGRAPHY Reproduced with permission of the copyright owner Further reproduction prohibited without permission 208 217 224 224 225 226 233 235 236 CHAFTER I THE BOARD OF EXAMINEES AS A MONTANA EXECUTIVE AGENCY The >^ont#aa Board of Examlaere hat baen jottly da* acrlbed at the **mott powerful executive and adminlttratlve agency of the ttate.**^ The Constitutional Convention of 1889 ettablithed the Board, providing that $^ Sec 20 The governor, secretary of state and at torney general.*.shall constitute a Board of Exam iners, with power to examine all claims against the State, except salaries or compensation of offi cers fixed by law, and perform such other duties as may be prescribed by law And no claim against the State except for salaries and compensation of offi cers fixed by law, shall be passed upon by the Legislative Assembly without first having been con sidered and acted upon by said board The Legis lative Assembly may provide for the temporary sus pension of the State Treasurer by the Governor, when the Board of Examiners deems such action necessary for the protection of the moneys of the State The three officers on the Board are elected simultaneously for four-year terms, with elections being in the same years as presidential elections Appendix A lists the officials Carl McFarland, **Administratlon in State Government in the United States with Special Reference to the Adminis tration of the Central Government of the State of Montana** (unpublished Master's thesis, Montana State University, 1929) p 44 Montana, Constitution Art VII, sec 20 Reproduced with permission of the copyright owner Further reproduction prohibited without permission who have served on the Board of Lxairilners* Since 1889 the powers of the Board have been greatly expanded by statute* In addition to exavcinins end approving claims against the state, the Board has been given the power to fix the number» compensation, term and tenure of office of employee# of executive agencies»^ to authorize the printing of official reports,^ and to construct buildings The Board has the power to authorize es^endltures of funds appropriated for a succeeding year »^ to fix the amount of bond for state officers if it is not specifically designated by the legislature,^ and to authorize out«of*state travel by state employees.^ Ttie Board acts as Board of Supplies and l'urnishing Board,^ f.nd has the responsibility for the care of the state Capitol^ and for the allocation of offices in the Capitol*® 1, Montana, Revised Codes Montana Governor^ Messaites to the Xeglala^res 1891*1959 (Copies en fil# in documents section of Montana State University Library.) Montana Governor, (Sam C Ford) KeoTtanlratIon R>ort_,Sub* Governor Sam C .forA Januagy .-4 ^1943., Helena, Montana : Kaegele frinting Co., n.d Montana Governor* a Comaittee on Réorganisation and Economy "General State Organisation." Report 58 by Griffen* hagen and Associates, January 26, 1942 (Mimeographed ) Montana Legislative Assembly House of Representatives House Journals 1891*1957 Montana Legislative Assembly House of Repressmtatives Special House Committee of the 36th Legislative Assembly, 1959 "Report of Special Committee to investigate the Govenv>r*s Mansion." (Mimeographed.) Montana Legislative Assembly, Senate 1891*1957 Senate Journals Montana Legislative Assembly Senate "Havre Report of Senate Special Investigating Committee." Adopted March 1, 1951 (Mimeographed.) Montana Legislative Council "A Study of the Tax-exempt Public Grant Lands Owned by the State of Montana." Helena1 Montana Legislative Council, 1959 (Mimeo* graphed.) Reproduced with permission of the copyright owner Further reproduction prohibited without permission 238 Montana M*# tIon$ and Memriala of the state of ExtraordinmrY ■â_esAiQS» oJ thft Xoglslativo Asggmbly 1891.1959 Montana EgsaP.rt,ol A a ^ t ^ p e y gen€ral_o^ff tha State of 30 1950 Helena* Montanat megel* Printing Co.* n.4 Montana Rgỵ29#A A,f m p a AtmiM and Determined in p c Montana EemrlL of._^he on Reor^anlgatlon_of State goyemt>ent_ Pursuant to Chanteir 18% o M Butte* hiontanat McKee Printing Co.* tl952?j Montana Revised Cedes