The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1915-08-01
JUDGE H. B. foster
OUOTESLAW ON THE
CHARGES Of LUSK
Explains Compliance With
Law in Matter of Sum-
mer School ApprO-
priations
BY HUGH w. ROBERTS

Montgomery. July S1.-(Special.)
The information on which Senator
Lusk based his charge of Friday aft
ernoon to the effect that authorities
OF the University of Alabama resorted
TO subterfuge in order to become pos
xessed of a contingent appropriation
of $4,000, was erroneous, according to
a statement made this morning by
Judge Henry B. Foster of Tuscaloosa,
member of the board of trustees.
As is remembered, Senator Lusk de-
clared that 1t was his information that
the legislature appropriated the sum of
$4,000 in behalf of the summer school
of the university with the provision
that that sum would not be available
until the people of Tuscaloosa had
raised for the same purpose the sum
OF $4,000; and that when the people of
Tuscaloosa did not raise that sum, the
trustees. through the art of legerde-
main, transferred from some fund the
$500 and thus made claim on the APP
preparation.
Judge Foster said: Il have investi-
gated the act under which the appro-
pTiation was made. In 1903 the legis-
lature appropriated for the benefit of
the summer school $4,000 and provided
that an additional $4,000 must be Sc
cured from other sources. The board
OF trustees of the university there
after appropriated in accordance with
law. the sum of $500 and continued
to do so until the code of 1907 was
published. In that code the appropria-
ton for the summer school was $4,000
Il a.
since.
"The appropriation of S2500 by the
board was not made through legerde-
main, or slight of hand, or subterfuge,
or trickery as Senator Lusk, on his in =
formation as a basis, insinuated. 1t was
done in accordance with law. in open
daylight and the record is intact for
his inspection. / have been a resident
OF Tuscaloosa for many years and
have been connected for long time
with the University of Alabama and
I herewith state that until Senator
Lusk delivered his address in the SEN
ate Friday afternoon had never heard
of an existing proposition requiring the
people of Tuscaloosa to raise any sum
of money before a legislative appro-
priation could be made available"
As is remembered, Senator LuslI In
his effort to prevent consideration OF
bills carrying appropriations for the
benefit or the various departments OF
the university, endeavored to prove
that the Legislature was eyyng to
discriminate in favor of the students
of higher education and against the
"harefoot boy and freckled face girl
CT the rural sections. Senator Lee, as
chairman of the senate committee or
education and alumnus and defender
of the university, was especially taken
tc task. This morning Senator Lee de-
olared aand proved from the record
that last January he had introduced c
hill appropriating out of the fund Sc
ae-red from the sale of fertilizer tags
the sum of s134,00O with which to buil6
and repair schoolhouses of the rurai
districts: that this bill was finally re-
ferred to the senate committee or
finance and taxation. of which Senator
Iusk was and always has been dom
inant figure. and that 1t has beer
sleeping, despite the affection of the
senator from Marshall for the "boys
and girls of the hills" ever since.
In this connection it is inter
esting to note that very soon after the
statement of Senator Lee the senate
finance and taxation committee
brought out the bill appropriatine
s134,000 for rural schools with a IA
vorable report.