The age-herald., 1900-06-16
THE NEW TRUSTEES
 HAVE BEEN SEATED
Foster, Mcclellan and Jeter Given Place on the
 Board by Vote of 6 to 3.


 Senate of Alabama that he was of the third class, and that his term would end on March l, 1900.
 Thus it will be seen that the very source whence he derived his appointment and his office as trustee on the board of the University of Alabama, fixed the limit to it's continuance, and that limit was the 1st day of March, 1900.
 If Governor Jones could appoint Dr. Lit tie during the recess of the General As sembly of Alabama, and then when the General Assembly convened, send his name in as having been appointed during recess, why cannot Governor Johnston do the same thing?
 This Is the first time in the history of the University, as far as we have been able to ascertain, that such question has been raised.
 ''In order to establish the right of Dr. Little so continue to occupy his seat as trustee on this board, you must defy the absolute and imperative declaration of the constitution of the State of Alabama that after the expiration of six years the of- fees of trustees of the third class shall be vacated.
 Tn conclusion, we find that there was vacancy, and we further find that under the constitution, laws and precedents of the State of Alabama, that the Governor had the authority to fill such a vacancy by appointment during recess.
 Tt Is a settled principle of law that the officers charged with the interpretation and administration of the laws of the State that when they interpret and apply the same it furthers rule of construction and application.
 All Of which Is respectfully submitted. (Signed) 'E. L. RUSSELL,
 U. w. ABERCROMBIE."
 The Minority Report
 The minority report was submitted by MT. Pratt, as follows:
 'The undersigned member of your com mittee to whom was referred the inves- tigation of the contested claim of Dr. John Little and Colonel H. B. Foster to a seat as trustee of the University of Alabama, beg leave to report that the question was investigated by them at great length as the time at their disposal would admit After a careful consideration of such facts as we can gather, I desire to report that there seems to be no decision with the Alabama courts of any similar notice.
 Referring, however, to decisions in other states, I find several where there seems to have been rulings on the subject, notably one in Ohio and one in North Da- kota (extracts from which were read). From careful consideration of the cases it would seem they are within the meaning and intent of the law that no vacancy ex- isted in other states, and therefore, none here.
 "On the other hand there seems to be no doubt that there are numbers of precedents in Alabama in support of the position that a vacancy existed and could be filled by the Governor.
 Tn view of the above report, I will ask your honorable body to decide. the matter as a committee of the whole.
 (Signed) DANIEL PRATT" MT. Davis moved the adoption of the ma jority report, and MT. Pratt moved the adoption of the minority report as a sub stitute. Mir. Coleman of the Advisory Committee, spoke in favor of the minority report.
 MT. Coleman's Argument
 He argued that under the constitutional provision, section 9, article 13, there can be no vacancy in the office of trustee on &C., count of expiration of term, that an incum- bent in the office holds until his successor is appointed and qualified, and that the constitutional provision of appoint ment could only be made by the Governor by and with the advice and consent of the Senate. Therefore the incumbent is entitled to hold over until his successor is confirmed
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