The Birmingham age-herald., 1920-07-01
MOBILE LOSES MEDICAL SCHOOL

tenn at the last session or the leS1Sld-
 ture, but lost.
 MOBILE LOSES MEDICAL SCHOOL
 Mobile will lose the medical department
 of the University of Alabama. The su-
 preme court Wednesday afternoon ren-
 dered a decision which reversed the oe-
 cision of the Mobfe circuit court in
 granting Dr. Eugene Thames tempo
 rary injunction which prevented Che
 board of trustees of the university from
 proceeding with the task of moving the
 department to Tuscaloosa and in effect
 upheld the action of the board of trus-
 tees in abandoning the department at
 Mobile and transferring it to the main
 site of the university proper.
 Chief Justice John c. Anderson wrote
 the opinion in the case. which was
 concurred in by Associate Justices A.
 b. Sayre, Ormond Somerville, Lucien D. Gardner William H. Thomas and
 Joel B. Brown.
 Associate Justice Thomas c. McClel-
 Ian is a member of the board of trus- tees of the university and therefore,
 disqualified from taking part in the case. Justice Mcclellan did not sit or participate in the consideration of the case.
 Not only did the supreme court re- verse the decision or the Mobile cir cult court. but rendered a decision dis
 missing the bill filed by Dr. Thames, which has the effect of giving final victory to the board of trustees unless another order should be entered on re- hearing.
 The court held that Section 267 ol the constitution. which prohibits the removal of the university without d two thirds vote of the legislature ap- piled to the university as it existed at the time of the adoption of the con stitution, and not to any departments which were created afterward. It also held that the medical department be- came in reality part of the uniyer. sity with the passage of the act of 1907 and the dissolution of the cor poration which controlled the medical school up to that time.
 Claims of citizens of Mobile repre- scented by Dr. Thames that the state had q contract for the maintenance of the medical department for all time a Mobile were not upheld, the court ruling that there may have been con tract obligations up to the time of the dissolution of the corporation in 1907 but that tine department passed to the control of the state without any lmi- 1 tations whatever with the passage O. l the law of 1907 and the dissolution ot the corporation.
 Referring to the contract whereby
 
 ment at Mobile for all time. Chief Jus tice Anderson in his opinion, said, 'It may be true that the act dissolvins , the charter and transferring the cor poration" provided that the said med ical department shall remain in Mo 1 bile for all time. but this could be no | contractual obligation on the part O. 1 the state as to the future maintenance | and location of its own agency. Az l long as the medical college retaine its charter any obligations on the Pari l of the state with it may have beer
 of a contractual nature. bu. the V sry moment that it consented to a disso- | lution of the charter and resultan, 1 merger of the medical department into ! the University of Alabama. it thereby | became a state agency and was charg- [ able with notice of that legal prin- l ciple that the state could make nc legal, binding contracts with referenc: 1 to the future maintenance. manage ment and control of it's governmental 1 or other public agencies. and this pro 1 vision in the act may have been 2 1 high moral promise upon the state tc permit this college to remain at Mo l bile. but was in no sense legal con- l tract on it's part to do so.''
 Continuing, the opinion suggested 1 that the legislature might treat thu | case as high moral obligation on the part of the state to maintain the insti 1 tuton at Mobile. but stated that thi. was a matter for the attention of th' 1 lawmakers, and not the courts. l The court also held that the act O. 1 1915 requiring the board of trustees tt rnove the medical department from Mo- | bile when it does not come ur to re. l quirements of the American Medica Association does not violate section 26l l of the constitution, because it attempts