The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-11-29
ALUMNI WILL MAKE FULL AND FAIR
\ INVESTIGATION OF THE LAND SALE


CONTINUED From Page one)
ferred pp.5, G, I, and of the presidents
report respectfully reports that 1t mas
nothing in said pages of said report that
requires the action of the board of trustees
exeept that (they) recommend for the pres
ent the continuance of the policy therein
commenced under the head of The Land
Grant of 1854 in reference to the lands OF
the university"
The Report Was Adopted
The above section of the presidents re-
port, he said, had been referred to the
finance committee, of which Tennent Lo-
max was chairman. and they had brought
in a report favorable to its adoption. He
said he was present at the June meeting of
the board and that upon the request OF the
presiding officer Governor Johnston in the
chair the report of the finance committee
was passed over for awhile. AT subse-
ouent meeting in the afternoon, the report
was taken up and adopted. Mr.. Davis had
said in a recent card to the press that the
University lands could not have been leas-
ed. At the June meeting of the board the
land COMM ssioner stated in his report that
he had pending negotiations for the lease
of two tracts of coal lands one embracing
40 acres and the other 3,43O acres. VI
these lands 3440 acres were the same as
recently sold to the Sioss-Shefield compa-
ny The land commissioner had stated that
he would have closed this deal except that
after a consultation with treasurer D. H.
Irtbts the latter had made objection TO ieas-
ing such large bodies to anyone cohcerheo,
for this reason he had left the matter over
for the approval of the board. He had also
coo, n stated that a telegram had had to
a. with stopping the lease, but of this he
tnav nothing Mr.. Coleman then referred
40 tho statute which makes the governor
ex-of,lcio president of the board.
Governor Not IA Member
He read section 1915 of the code 20 snow
thot the governor was not a menSper vi
the hoard, but merely ex-officio preS-deht
The section is as folioWs:
"Five members of the board of trustees,
o,,o,,,si,,a Of the ex-officio members, shall
constitute a quorum, and every MEMBER
nresent shall be required to VOTE ana
majority of those present snail govern AT
their first meeting the board shah eject
one of their number president pro tempore,
who shall preside in the absence of the gov
arnor and shall hold the position until the
next annual or special meeting, when an
other president pro tenn pore snail De
elected
To show that the governor has no right to
a vote in the board, being meSely eX-officio
president Mr.. Coleman cited the case of
the vice-president of the United States, who
as nresftling officer of the senate, has no
vote except in case of a tie. The statute
| stated the governor was "eX-officto presi-
| dent" and the superintendent of education
..ex-ofTicio a member of the board OF trus-
| tees, showing it to be clearly the intention
| of the statute that the governor was not a
| member of the board
Mr.. Dixon: 'Is 1t fact that options had
been given on certain of the University
lands prior to the June meeting?
Mr. Coleman: at Is. l have seen such
ontions and they were signed by the COVER
| nor as ex-officio president of the board OF
trustees"
Mr.. Dixon: HAS any resolution been
PASSED by the board authorizing such ac-
/ tion?'
Mr. Coleman: "None whatever"
Mr. Dixon: ITO whom were these options
given?" ,,s,v
| sion. Not relative of the governor, how
ever. He was formerly, believe, president
of the Georgia Pacific railroad
Mr.. Brandon-Wouiu not that s'etioH
make the sale void?
Mr.. Coleman-It most assuredly would
| the transaction IS absolutely VOID.
Letter from DIR. Smith
The following extract from letter from
DR. Eugene A. Smith was read:
| $50 far as I am aware there existed In
| tbe case of the university no urgent need
| demanding the sale of these the best oil
| her mineral lands; there was no cost at
| tached to the holding of them for an in
| definite period, and their value was wei
known to many, since through the exer-
| fions of Hon. James e. Webb who, during
the session of the legislature of 1862, was
so untiring in his efforts to induce that
body to lease these tracts and those OF
three for the state, the relative values OF
all our larger land bodies were thoroughly
canvassed, and of them all only and