The Birmingham age-herald., 1923-01-11
CONF TAXATION IF .FEAG|N AS AUBURN TRUSTEE HELD UP
Senate Refuses Immediate Approval and Refers Case to Rules Committee For
 Recommendation
STATE CAPITAL BUREAU l
 THE AGE-HEKALD Montgomery Ala Ian m

Montgomery, Ala. Jan. 10
 By vote of 2S to 12, tie senate of Alabama Wednesday refused immedi- ate confirmation of William F. Feagin of Montgomery as a member of the board of trustees of the Ala bama Polytechnic institute. The vote came on a motion 10 refer Gov ernor Kilby's nomination of MT. Fea- gin for another term to the senate rules committee for recommendation. Those favoring the reference of the nomination won.
 Governor Kilby nominated MT. Feagin for another term last week and notified the senate of his action Wednesday. At the same time he no- tified the upper house of the nomina- tion of John A. Rogers, member for the Sixth district, and Charles NJ. Sherrod, member for the Eighth dis trict. for another term. No opposi- tion was shown to the confirmation of MT. Rogers and MT. Sherrod, but as three nominations were made in the same message all went over until the rules committee had considered them.
 Opponents of MT. Feagin began bembarding members of the senate Wednesday with telegrams protest ing against the confirmation of Mir FeaEin. One of the telegrams per- ported to come from Charles F. De- Bardeleben, pre- esident of the aabama Alumni association. and said: The a aDi nf AfIb posed to Feagin again being made trustee of their alma mater and ap- peal to you not to vote for his con firmation."
 Detailed Vote
 Several speakers referred to this telegram and others received during the day and they probably brought the vote in favor of the considera- tion of the nomination by the rules committee.
 Those who voted to send Cover nor hilt.s's ap. ointment to the rules committee follow. Adams, Brooks Carlton, Carmichael, Ellis. Foster, Garth, Hildreth, Horton. Howle, Hut son 1nzer, Jones of Coneeuh Martainl McNeil, Nolen. Oliver. Cverton, Pel- ham, Powell, Randall, Slone. Teasley
 Those who favored the immediate
 
 Bonner, Brewer, Caffey, Craft, Dun can, Griffith. Hudgens, Johnson, Jones Of Barbour, Middleton, Fun stall. Waddell.
 During the debate on the proposal to send the nomination to the rules committee. President Ellis, pro tenn who favored the proposal declared that You know the reason this thing should be sent to the commit tee" and stated that the fight was iu waged against immediate con- firmation because MT. Feagins name was In the list.
 Brandon Could Act
 Senator Waddell of Russell opposed the proposal and favored the immedi- ate confirmation, declaring to the opposition to Mir. Feagin, "They are hitting man while he is down and hitting in the back Senator Craft of Mobile and Duncan of Limestone joined Senator Waddell. while those who aided the movement to post poSse consideration were Senators Brooks, Randall and Inzer.
 The refusal of the senate to con firm the nomination h1s 70 ght up the question as to whether or not Governor Brandon may recall Gov ernor k1lbys nomination.. The leg 'fslature has recessed until next Mon day at 10 o'clock. Governor Kilby will retire and Governor Brandon will take office at noon. No action can be taken by the legislature un- til Governor Brandon has been in- augurated and the nominations of the retiring governor will be before the senate at that time.
 IL. h. han tb retiring governor to appoint the trustees during the last week of his term and this is the first time in recent years that immediate confir- nation has not been accorded the nominations. Governor Kilby knew of these impending fights on Mr. Feagin when the appointment was announced last week. but stated that since MT. Feagin had made an ex- cellent member he believed he should be accorded apother fern