The age-herald., 1900-06-15
PreCipitated the Question on Call
 of Roll.
COL. H. B. FOSTER WAS PRESENT
Committee Appointed to Investigate the Claims to Report Back This Morn ing Sterling Wood Says Will
 be Carried to the Courts

l Tuscaloosa, June 14.-(Special) )-The fight l on the newly appointed trustees of the | university was begun this afternoon when | the board met in annual session. The 1 meeting was called to order at 3 o'clock by | Governor Joseph r. Johnston, eX officio | chairman and on call of the roll the fol- | lowing members responded Joseph F. Johnston, John w. Abercrombe, Superin- tendent of Education, E. L. Russell First District; Tenant Lomax, Second District; Joh H. Caldwell, Fourth District and
 Daniel Pratt, Fifth District. At the direction of the Governor, the sec-
 retary read the name of Henry B. Foster l as one of the trustees from the Sixth ] District. Colonel Foster who had already 1 filed with the secretary his official oath as
 trustee as required by law, answered pres. ent. Colonel M. L. Stansel, the other mem-
 Der from the Sixth, was absent
 At this point, Dr. John Little arose and l addressed the chairman stating that he a member of the board from the Sixth 1 and asked that his name be called The Governor said he did not Sd understand it. | It was his opinion that Dr. Little's term l expired last March and that Colonel Foster 1 having been appointed to the vacancy he l thought Colonel Foster was now the
 trustee. At this point MT Daniel Pratt 1 read resolution which he proposed to l offer in regard to the matter The chair
 man suggested that MT. Pratt allow the | call of the roll to proceed for the present 1 until quorum be announced to which MT. Pratt consented.
 Quorum Present A continuation of the roll call showed that there were no other trustees present. Sterling A. Wood and Phares Coleme or the advisory committee were present, and of the officers of the University James K. Powers president; w. c. Fltts, land com missioner, and J. H. F'itts, treasurer quorum being present.
 MT. Pratt offered and moved the adop- tion of the following resolution: Be it resolved That account of the question raised by Dr. John Little as to whether or not he is entitled to a seat as trustee of the University of Alabama, a committee be appointed to investigate the
 same. and report to this body the result of their investigation at o'clock tomor-
 morning.
 f This motion was seconded by MT Lomax.
 Colonel Russell said he did not see what
 jurisdiction the board had to determine
 who q member since the board could
 not appoint make a trustee.
 MT. LomaX-Has the Legislature any power to elect a member of the Legisla- ture?
 Colonel Russell-No, sir.
 MT. Lomax-Dont they determine the qualifications of their own members?
 Colonel Russell replied that the Legisla- ture did this in pursuance of a special con- stitutional provision, but that there was no such provision giving the Board of Trus- tees of the University any such authority. Mr. Lomax said he did not think the board could afford to go on with it's busi- ness with two members present claiming the same seat, and he therefore thought l the resolution should be adopted; that the boards action might result in an appeal to the courts, and that he therefore thought 1t was absolutely essential for the board to determine who were entitled to seats. The Governors substitute This was the cue for considerable dis cussion by the members of the board and amendment was offered by the Governor to the effect that the committee inquire and report to what authority the board had to act upon the matter. Colonel Cald- well suggested that the resolution be fur ther amended to have the committee inquire and report as to what authority the Governor had to act procuratorially in mak- ing said appointments. The Governor agreed to this also.
 MT Lomax said he did not think tho board should attempt to transact business until it had determined who were it's mem- bers This was agreed to, and the Governor appointed Colonel E. L. Russell Daniel
 
 committee, and the board adjourned to await the report of the committee tomor- row morning.
 The committee is now in the law office of w. c. Fitts hearing the arguments of several lawyers on the subject The mem bers of the committee state that nothing will be given out until they make their re- port tomorrow to the board.
 In an interview with Sterling A. Wood he seemed very confident of the result, but states that in event the matter is de- cided in favor of the new trustees it will be carried to the courts rather than allow the new appontees to be seated With the three new trustees there would be suffi- cient majority to ratify the land sale if they voted to that effect, but it is not positively known that they would so vote. It is claimed that whatever their position in regard to the sale of lands might be that it cannot effect the legality of their appointments, and they will take their seats unless prevented