The age-herald., 1900-03-01

law and the ordinance of your orator, nor
 in any manner valid or binding upon your
 orator. Your orator Is informed and be-
 lieves, and upon such information and be-
 lief states and charges the truth and fact
 to be, that there was a bank check for
 fifty-six thousand dollars ,000) drawn
 in favor of the governor of Alabama as
 eX-offco president Of the board of trustees
 of the University of Alabama, which said
 check was, by said governor, through
 certificate of the auditor of the state, cov-
 cred into the state treasury; but your ora
 tor ayers that the said governor of the
 state of Alabama was without any power
 CT aIutf!ority, either by iaw, statute, GUS
 tenn, ordinance or resolution of the board
 of trustees of your ora tor, to receive any
 money whatever or check from the said
 Sioss-Shefield Steel and Iron company for
 o. in behalf of orator, and that the said check so received by said governor and
 py him covered into the state treasury was received and covered into the state
 treasury 5y i1tm illegally, contrary to law and the ordinances, and resolutions of the board of trustees eff your o;ator, and in utter disregard of tine. rights and privileges of sour orator; and neither your orator.
 nor any committee of your orator nor any
 official on behalf of and by authority of your orator does or has ever asserted or
 claimed any right, tile or interest what
 ever in and to the said check or sum of money so deposited With the treasurer of
 the state of Alabama, but do disclaim and
 have always Gtseia,med any right, tdtle or interest in and to the same, and have al-
 ways dec..ned and refused to do or exercise ln any manner wh&'teve4 any act or acts
 Of control ownership over or upon the
 said check or sum of money so covered into the slate treasury. And orator fur theT ayers that dt has notified drle Hon. Walter $. White, as auditor of the sta te
 of Alabama, and the Hon. George W. Ellis,
 nc Itqran r1.ft tt,.
 1t does not assert or claim any right title or interest wha tsoever in and to the said check or sum of money so unla wfully de- posted or covered into the state treasury
 and has requested the said state auditor and the said state treasurer, dn so far as your orator has any authority in the prem aseS, 10 return or refund to the said Sloss- Sheffield Steel and Iron company the sad check or the said sum of money so un- lawfully received by sad governor of the state and by him unlawfuEy deposited or covered into the state treasury, a copy of
 which notdce and request es hereto at
 tached, marked "Exhsoh. J." and prayed to be taken as "a part of this bill of com-
 plaiat, the same as if herein fully set
 forth, and your orator, stl renouncing any right or interest in authority over the satd check or sum. of money, yet of fers, If your honor should deem it euuit- able and necessary for it to take any ac- tien thereon, to do all such acts touching
 the same as your honor may direct
 21. Your orator further ayers that it has served a copy of the said notice and request to the state auditor and state treasurer,
 as shown by exhibit J,' as above set forth, upon the said Sloss-Sheffield Steel and Iron company, and at the same time presented to said company a quit-claim deed, convey. ing to your orator all right, title and inter. est claimed by the said Sloss-Sheffield Steel and Iron company. in and to the said land described and included in the alleged deed of conveyance purporting to be executed by your orator on November 2, 1S99 as shown by exhibit A." and requested the said Sloss-Sheffield Steel and Iron company to sign and execute said quit-claim deed, but that the said company declined neglect ed or refused to sign and execute said ouit-claim deed. A true and correct copy of said atiSl- claim deed is hereto attached, marked exhibit K,'' and prayed to be taken as a part hereof, as If fully herein set forth.
 ,. The premises considered. your orator