The Montgomery advertiser., 1904-03-18
HEARS CASE TODAY
Me BILE MEDICAL COLLEGE MAT
 TER COMES UP.
sudge sayre is to Decide On Validity CT Clatm Against the State for Money Appropriated
 by Legislature.

Judge A. D. Sayre of the City Court of aontsomery. will today hear arguments on A9 application for a mandamus made Dy the Board of Trustees of tine MoDii. aeoical College to compel the State Au- ultor and the State Treasurer to pay them the first installnent of $30.0Oo aLs propriated by a bill which was passed Dy the last Legislature. .4
 Ine Dill was duly passed by the Lesis- lature. but it was never signed by the governor. Notwithstanding this the rep .esentatlves of the Medical College claim that the bill became a law under the operations of the Constitution. This Is tne point to be decided by Judge Sayic and u IS the point on which the Supreme court sfall say whether the law Is valid oi invalid.
 The bi'i, after it passed the Legisla- ture' was not signed by the Governor. Tor was 1t included in the published acts oI the Legislature. Under it's terms the Moniie Medical College was to receive so.Uo Annually for four years for equip ment and repairs.
 The first portion of the appropriation teI due the first of last January 1At that time Hon. Harry Pilians of Mobile. the attorney for the Medical College. made demand upon Auditor T. L. Sowell tnal hs draw a warrant in favor of the College fer $5.000. This demand was based upon the claim that the bill had been in the hanis of the Governor six days hefcre the adjournment of the Leg islature. and inasmuch as he had not vetoed 1t, 1t became a law under the operation of tine Constitution.
 Auditor Sowell referred the letter to Attorney General Massey Wilson. who advised him to decline to draw the war rant and await the result of mandamus proceedings in the event the representa- tives of the college should decide to adopt such a course.
 The application for a mandamus was filed several days ago and today was named as the date for the hearing. Mir. Pillans will represent the Board of Trustees of the College and Attorney General Massey Wilson will appear for the State.
 The position of the State that the bill could not be a law will rest upon two claims. First. 1t will be asserted that the bill was not in the hands of the Gov ernor six legislative days before final adjournment. It Is admitted that the Governor had the bill six days before the Legislature adjourned. but several of these were legislative holidays on which the Legislature was not in session. In other words the State claims that the six days mentioned by the Constitution means six legislative days.
 This question has never been settled by the Supreme Court.
 The second claim by the State is that the Mobile Medical College bill under the terms of the Constitution should have received the votes of two-thirds of the members of the House before it could have passed and this vote 1t failed to get.
 The Constitution provides that a bill appropriating money to an institution not directly under the control of the State shall receive . vote of two-thirds of the members of both houses.
 The State in these mandamus proceed ings claims that the Mobile Medical Col lege Is not a State institution. On the other hand the Board of Trustees of the college claims that 1t is a State insti- tuition.