The age-herald., 1900-07-10
LITTLE PROSPER
 CASE IS ARGUED Judge Sprott Has Not Rendered
 a Decision. THE FACTS WERE AGREED ON Jury Was Waived and Arguments Were Made on Constitutionality of the Governors Appointments
 Before Judge Spratt
THE FACTS WERE AGREED ON

Tuscaloosa, July 9.-(Special.) )-The quo warranto proceeding of Dr. John Little against H. B. Foster were heard before Judge Sprott today. Dr. Little was repre- scented by Daniel Collier and A. c. Vande- graf. MT. Foster by A. B. McEachin, Eos ter and Oliver, and E. l.. Russell of Mo- bile. The latter was not present at the trial but filed the brief. The attorneys agreed upon the facts of the case, and a jury was waived.
 The points insisted on by the relator John Little, were first; that there was no vacancy.
 Second, that if there was a vacancy, the same could not be filled by the Governor acting solely, but only by and with the advice and consent of the Senate.
 Third, that the Governor is not authorized to appoint a successor to trustee, but only authorized to appoint person to fill a vacancy, occurring during the recess.
 Fourth, that Dr. Little was appointed to succeed himself by the Governor "by and with the advice and consent of the Sen ate' on the first day of December, 1894, and, therefore. his term did not and could not expire till December l, 1900.
 Fifth, that the relator, being appointed for a term of six years, 'and until his suc- cessor is appointed and qualified" the term of Dr. Little would not expire till the next session of the General Assembly, as the defeasible term from March l, 1900, to December, 1900, is as much a part of his term as the definite term of six years.
 Respondents Contention
 Respondent contended:
 MI. t1h constitution of Alabama the office of tras- tee of the University of the third-class be- came vacant at the end of six years from the appointment. That the first trustees of this class were appointed March 1, 1876, and their terms expired March l, 1882, the terms of their successors expired March l, 1888, 1894 and 1900. That pr. John Little was ap- pointed February 2 1893, to fill the vacancy caused by the resignat ton of MT. Webb for the term ending March 1, 1894, that on March l, 1894, he was appointed by the Governor as his own successor and on De- cember 1, 1894, this nomination was sent to the Senate and confirmed for the term end ing March l, 1900.
 That under the provision of the constitu- tion above referred to Dr. Littles term pired March l, 1900, and the Governor had a right under section 3675 of the code of 1896 to appoint a successor to hold until the next session of the legislature. Such vacancy then to be filled by the Governor by and with the advice and consent of the Senate, the use of the words in the con- stitution that the offices should be vacated at the expiration of the six-year terms, shows that the clear intention of the fram- CTS of the constitution was that the offices should become vacant at the end of such periods, so that as they expressly say, ''one- third may be elected biennially." That the terms cannot be of indefinite duration but have fixed time of beginning and ending.
 Judge Sprott has taken the arguments un- der advisement, and will render a decision within few days.