The age-herald., 1901-06-30
DECISION IN THE
 UNIVERSITY CASE
Supreme Court Rules on Ap-
 pointment of Trustees
THEY MUST BE CONFIRMED
By the State Senate Before They Can Sit With the Board-The End of the Famous University
 Land Deal.
BY E. E. KERsH.

BY E. E. KERSH.
 Montgomery. June 29.-(Special) = The
 Alabama Supreme Court today rendered
 decision in the famous University trus-
 tees case reversing the lower court and
 holding that newly-appointed trustees
 could not legally sit as members of the
 board until confirmed by the Sentte as
 provided by law.
 It will be remembered that this case
 was brought up from the Tuscaloosa Cir
 cult Court in the matter of Little vs Eos ter.
 Early in 1900 Governor Johnston named
 as trustees for the University Messrs.
 Foster of Tuscaloosa, Mcclellan of Lime
 stone and Jeter of Lee as successors to
 Messrs. Little of Tuscaloosa, Richardson
 of Madison and Stamford of Lee. These appointments attracted unusual attention
 for the reason that the trustees had had under consideration the famous land sale and each of the trustees turned down had voted to annul the sale. It was charged
 at the time that the Governor was at tempting to name a board that would
 sustain the sale. The terms of Messrs.
 Little, Sanford and Richardson. the Gov
 
 i their appointment, but the trustees con-
 tended that they should hold office until
 their successors were duly confirmed by the Senate. The new trustees participat-
 ed in the board meeting and their rights
 were contested in the Circuit Court, with | the result that they won. When the Legislature convened in November the | Senate refused to confirm the new trus-
 tees and Governor Sanford appointed | Messrs. Foster Mcclellan and Glenn, the
 two former being the same names sent | in by Governor Johnston. The decision Of
 the court today is to the effect that a trustee holds office until his successor IS
 confirmed by the Senate. Other Decisions. | It was late this afternoon when the' court met for the purpose Of handing
 down the following decisions: Mcclellan, c. J.-The State of Alabama
 vs Montgomery Light and Power Co.,, ct
 al., appeal from Montgomery city court | affirmed. Charley Nelson vs. The State of Ala
 bama, appeal from Dallas circuit court,
 reversed and remanded | Haralson, J.-Ex parte George M. For man, application for mandamus; man. | damu. denied. Ex parte John A. A. Campbell ct al., pe- tition for mandamus; mandamus granted. | A. c. Frederick vs. Northern Alabama l Railway Co.,, appeal from Franklin cir | cult court: affirmed. Tyson, J.-City of Ressemer vs. Tennes- sec Iron and Railroad Co.,, appeal from Birmingham city court; affirmed. Mary c. Davis ct al. vs. J. L. Williams ct aI., appeal from Macon chancery court; reversed and rendered. Captain Williams ct al. vs. c. l. Arm strong ct al, appeal from Bullock circuit court; affirmed. Otto Marx ct al. vs Warner c. Clisby ct al., appealed from Birmingham city court; reversed and rendered. Louisa V. Kidd vs. State of Alabama. | appeal from Elmore circuit court afflrr | ed.
 | Louisa V. Kidd vs. State of Alabama, ap i peal from Fillmore circuit court; affirmed. | R. M. Douglas vs. s. P. Prowell, judge | etc., appeal from order of judge of MG- | rengo circuit court; denying mandamus | affirmed.
 | R. E. Freeman ct al. vs. J. D. Pullen | surviving partner etc., appealed froI | Morgan chancery court; reversed and ren | dered.
 G. B. Chastain vs. Matte L. Porter | appeal from Talladega City Court, re | versed and remanded. | The State of Alabama ex rel John Lit | tie ct al vs. Henry B. Foster, appeal | from Tuscaloosa Circuit Court, reversed
 and remanded. Bibb Parish, alias. etc vs. the State of | Alabama, appeal from Marengo Circuit | Court, reaffrmed. Louisa " Taylor ct al vs. James Crook, adm., etc., ct al, appeal from Talladega | Chancery Court, reversed and remanded Sharpe J.-Southern Railway Company vs. Birmingham, Selma and New Orleans Railway Company, appeal from Dallas Chancery Court, reversed and rendered | Bobb Witt vs. the State of Alabama appeal from Sumter Circuit Court, af- | firmed.
 Dowdell, J.-Eddie Jordan vs Brad l ford Hardie ct al, appeal from Macon | Chancery Court affirmed Insurance Company of North America | vs. Stephenson & Thornton, appeal from | Pike Circuit Court, reversed and re- | manded.
 Rube Hubbard vs. State of Alabama, | appeal from from Bibb County Court, | affirmed.
 Will Boyett vs. State of Alabama ap- | peal from Henry Circuit Court, reversed | and remanded
 Joseph M Baker ct al vs. Selma Street l and Suburban Railway Co.,, appeal from Selma City Court, affirmed. Percuriam-Birmingham Railway and l Electric Company, vs. Margaret Ellard, l appeal from Jefferson Circuit Court mo- | tion to establish bill of exceptions over- | ruled.
 | Applications for Rehearings.
 The following applications for rehear- | ing have been considered and acted on | by the courts:
 | Nashville and Decatur Railroad Com | pany vs. the State of Alabama, appeal l from Limestone Circuit Court: applica- | tion dismissed.
 Milton Humes ct al. vs Mary J. Scott | appeal from Morgan Chancery Court; ap- | plication dismissed.
 Albert Eggleston vs. the State of Ala
 bama, appeal from Colbert Circuit Court; application overruled. | L. w. M. Dismukes vs. W. M. Meeks | ct al., appeal from Gadsden City Court 1; | application overruled. | Thomas J. Wofford, Jr., vs. w. M. | Meeks ct al., appeal from Gadsden City Court; application overruled.
 Ali Truitt vs s. w. Crook, appeal from ,Anniston City Court; application over ruled.
 W. Barnes Morgan vs. Union Casualty | and Surety Company. appeal from Bir-
 mingham City Court; application over ruled.
 Sioss Iron and Steel Company vs. T. s. Knowles, appeal from Jefferson Cir
 cult Court; application overruled.
 Stella D. Guice vs. Lizzie H. Barr, ap- peal from Barbour Chancery Court; ap- plication overruled. y
 Alex Rice & Son vs J. M Carr, appeal from Montgomery City Court; applica-