The Birmingham age-herald., 1909-12-30
JUDGE COLEMAN
 RESIGNS PLACE As Chairman of University
 Board of Trustees IS STILL ON HE BOARD Judge Jones lnstructs All Parties to Re0fxa TaL;sar, Toe+ip,anu Ia. Ra+a
IS STILL ON HE BOARD
Judge Jones lnstructs All Parties to Begin Taking Testimony In Rate Cases Not Later Than January
 25-WiII Begin Monday.

Montgomery, December 29.-(Spe- cial. )-The resignation of Judge Thom- as W. Coleman from the chairmanship of the board of trustees of the Uni home at Eutaw, will be a source of re- gret to the friends of that institution in many states as well as Alabama. = has been in the position eight years and the interests of the school have been conserved in a marked way He does not feel that he Is able to do tve work any more and he wants it shifted to other shoulders. not more willing but more competent to bear the phys ical strain.
 Writing to a member of the board who is also his friend, the judge says: II wish it understood that am movee to take this step because the best in noted. The responsibilities and duties of the committee are great and demand constant attention and vigilance, and my physical condition Is not sufficient to meet the demands without serious danger to my health.
 With regard to the work done and in hand the judge continues: q feel very much gratified when I compare the existing conditions of the property of the University with its conditions when the present committee entered upon its wort Our primary purpose has been to ~pafe an ample endSw- ment fund fo, he University, the in- come from V , together with roy alties arising l~sm mining coal by the lessees from the University, and the fixed income from the state would place the University in a position not absolutely dependent upon continuous legislative appropriations hereafter.
 We believe this to be the wisest policy. and in accordance with the act of Congress which donated the lands to the University. The very liberal appropriations of the present legisla- ture has enabled the University to con- struct and equip magnificent buildings sufficient for many years to come. We cannot expect, and have no right to CldlM Il Cc0tiHudtiOn OI Sucl aDDfO- priations, but we tthe executive com mittee) have hoped by the methods mentioned above, to supply the addI- tional income required. With compara- lively a small beginning the endow- ment fund is approaching a million dollars and If our policy is favored and not hindered by the board 1t will soon exceed that amount"
 The judge compliments the other members of the executive committed and Is very sorry he cannot stay Tn the work. He does not retire from tic committee nor the board, but from the exacting duties of the chairmanship.
 Will Take Testimony.
 Judge Thomas G. Jones of the United States court has instructed all parties to begin taking testimony in the rate cases involving the Central of Georgia and the Western of Alabama not later than January 25. As the dates for hearings in the Louisville and Nash vile cases is set down for January 4, in Louisville, the two will be simu1- taneous, thing the state fears will be to the detriment of It's position. A. M. Garber. attorney general. makes the statement that it is going to be im- possible to have their forces at both places, and he will not advise employ ment of other lawyers.
 Colonel Garber, because of great de- mands on his time in the office, can not take great deal of time for this litigation. and Judge Weakley and Me Selheimer, special counsel, have studied the cases from different angles, SO tha~ both are needed at the same place. The result may be to deprive the state of full representation at the hearings of the Central of Georgia and the Vest ern, losing to it the great advantage of cross-exafhination. T cannot be away any length of time," said Colonel Garber, "and even if we were to hire new attorneys they would need several weeks to get posted. As 1t Is the rail- roads have plenty of well informed men, a result of the various officials being on the cases for some time. It is likely to do us much hurt~
 Colonel Garber will go to Louisville Monday, being joined on route py Judge s. D. Weakley and H c. Sell heimer, special counsel After arrival 1t may be that they will find that they can get away in time for the special hearing on the other cases later in
 
 if the Louisville hearing can be termi- mated by early February the judge may be prevailed upon to set a later date to meet the conditions. Colonel Gar Der, at any rate, will give all the time he can, consistent with other duties, to the hearings, and probably be able to spend many days in attend- ance. The prospects are, however, thht the matter will drag along for several months and that the two hearings will be at the same time for the most part.
 Those hearings are going to involve great deal of hard work. Officers of the roads have been busy for sori1e time gathering data which may be dumped upon tho court in great volume, in which case 1t would require many days to get the matter recorded even, much less digested and understood.
 Nenr0ao Roh Aarrn