The age-herald., 1900-03-01

of which were certified to and approved by lthe secretary of the interior, and the title to which. by the act of the general assem- bly,, approved February $, 1885, above refer red to. became invested in your orator, were the following specifically described lands, lying and being situated in the county of Walker. state of Alabama, namely. (De- scription of the lands follow.)
 4. Your orator has been in the peaceable possession, claiming ownership, of the lands above specifically described sinee the ap- proval of the act on February 5, 1885, by which act the title to all of the lands which had been selected by the comms, sioners appointed therefor under tke act of congress became invested in your crater, and your orator is now In peaceafoe pos session of said lands, claiming ownership thereof and exercising acts Of ownership thereon.
 5. The SlosslSheffield Steel and Iron cscn- pany claims, or is raputed to oiYn some right, title or interest in the lands above specifically described. ard denies the title or your orator in and to said lands. Such claim of the Sloss-sheffield Steel and Iron company arises, so your orator is informed and Believes, and upon suSl informa ton and bekef states and charges the truth and fact to be, from, and is founded upon an aIFged deed bearing date of November l. lS99, purporting to be a conveyance from your orator to said Sloss- Sheffield Steel and Iron company of said lands. A copy of said deed is hereto attached, marked exhibit "A" and is prayed to be taken as a part of this 'bfl of complaint, the same as if herein fully set forth
 G. Your orator ayers taat the satd deed under and by which the said Sloss-Shef1eld Steel and Iron company claims title or some right on interest fin or to the lands a0ove specifically described is void and Of no ef- feet and confcfs no right, title, claim or interest upon said company to the lands 11 11xr6 bod iY, eaf1 a11 loac said deed divest the title 10 said lands out of your orator, for the saad deed was exc cuted without authority of lsw, and con- trary to the statr'.es of the state of Ala bama, and in violations of the rules and ordinances of your orator. the board of trustees of the University of Alabama.
 T. Your orator further ayers thas at an alleged special meeting of the board of trus- tees of the University of Alabama, held at the University of Alabama on September g, 1899. There was adopted resolution. by which the sale of 4,4S0 acres of your orators lands was attempted to be authorized and the authority to execute the deed hereto att ta-llol marked 'Exhfnit A" was attempted to be conferred on the governor of the state as ex-offieio president of the board of trustees" But orator ayers that said reso- lution conferred no authority or power, be- cause said alleged meeting of the board of trustees of the University of Alabama pro- fessed to be a special meeting of said board of trustees and was illegally called and void in that said alleged special meeting or the board of trustees of your orator was not statutes of the state, in that it was not ap- pointed to be held by your orators said board at any regular or special meeting previously held by said board, nor was the same appointed upon the written appHca- tion of any four (4) members of said board of trustees, nor of any three (3) members with the concurrence of the president pro tenpore, nor was such spertal meeting ap- pointed to be held by any act O. authority of the president pro tempore of your ora tors board nor with his knowledge. but your orator alleges the fac. to be that the members of the board of trustees, who were present at said meeting, assembled them- selves at the mere request of Joseph +. Johnston, governor Of Alabama, and with out any other authority whatever, and that. therefore. all acts done or attempted to De done, and aE resolutions passed or attempt ed to be passed and all authority conferred or attempted to be conferred at said meet ing were null, void and without effect ana conferred no right, power or authority to sell any lands, or to execute a ceed con- veying any lands of your orator. duly certified copy of the alleged minutes or tae said alleged special meeting, so far as ne proceedings therein refer or pertain 10 the alleged sale Of said lands, is hereto attach- ed marked "Exhibit B. and prayed to ne taken as pdit oi 'iii' N'A'' N
 herein fully set forth.
 8 Your orator further ayers that t.le res u,ar and special meetings or us sado poalu of trustees are provided for ana reSu4atea by ,the statutes of the state of Aabaina' wqrica are and have been set forth In the pntJic codes of the laws of the ssate, and shat under and by virtue of the requre- ments of the statute providing for the calling and holding of a special meeting of the board of trustees of the University of Alabama, no such meeting shi-l De held except upon notice thereof to the several members of ule 5oard of frus.ees of the University of Alabama issued by the president pro tempore to sald members of said board, and that no such special meeting shall be appointed for day less tnan two.l.y (20) days subsequent to the date of the noiIe; and your orassT fur ther ayers that no notice of such alleged meeting of septesnbea' 2, 1899, was .ssued by tie president pro tempore, nor by his authority or knowledge. to the several members there-ls; but tiult tho only call fer such alleged meeting was issued from the office of the governor of Alabama, under cate of September IS, 1S99 and as originally dssued, purqorted to appoint meeting of the board of trustees o1 the University of Alabama 'f,o be held on Sat urday, the 23rd instant, in tine office of James E. Webo." and said call or notice was signed "Cnappell Cory, Private SecTe- uiry. copy ol u.!hS dtttin1-ea cdA UT notice Is hereto attached marked Exhibit e. and prayts to De taken as q part of tf1.s bill eff complaint, the same as If here in fully set o.I.. Orator further ayers that the law requires al meetings of t.se board of trustees of the University of Alabama to be held at the University, and that, therefore, said call fer a meeting to be held -"in the office of James F. Webb,' W hiotl office 1rat.oc is informed and be- l.eves, and upon such inforneiel.u and be- lief charges the truth and fact to be, is in the city elf ingham, Was call for u meeting of the board of trustees of your orator at a place not authorized by law. Subsequently, the place for holding sad meeting of the board of trustees, as so atto n)ted to be called, was changed from the office of James E. Webb to the Uni Versity of Alabamn, and the date for hold ing the said alleged meeting was changed To the 23rd Of September, 1899. Tie said