Marilyn Howard, former state superintendent of schools, just told the Land Board, "If I were on the board today, I'd vote no." The endowment, she said, is a "sacred trust." "You've established a course - I think you should stay the course," she told the Land Board. "You have a responsibility to today's schoolchildren, but I think you're meeting that resonsibility." She said the board also has a responsibility to future Idaho schoolchildren. Howard said, "The reality is the Legislature has a responsibility to provide for our system of thorough education," and if the Land Board steps in, she said, "you're removing the Legislature's responsibility to do its job. ... It's their job, and I think they should let 'em do it."

Former Idaho Attorney General David Leroy, by contrast, told the board he didn't think the board would be abrogating its fiduciary duty if it acted to protect the very beneficiaries of the trust, the public schools. "I think doing so in your sound discretion ought to be something that you seriously consider," he said.

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