University of Alabama.

sioned shall be certified by the superintendent of education to the senate, and the senate shall confirm or reject, as it shall determine is for the best interest of the university; and if confirmed by the senate, the person or persons so elected to fill said vacancy shall hold office for the unexpired term to which he is so elected. If the senate rejects the name of any person to fill said vacancy, it shall thereupon elect some person or persons in the stead of those rejected. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such.

Historical references: (Aikin's Digest, p. 429, § 18; p. 430, § 23; Clay's Digest, p. 584, § 11; p. 587, § 32; Dec. 10, 1892, p. 22; Mar. 1, 1876, p. 268, § 8.) A provision of the qualification of trustees of the university providing that one-third shall be chosen biennially is functus officio after the tenure of the trustees first appointed.-Little v. Foster, 130 Ala. 154 (30 So. 477).

1877. (3676) (1067) (1304) Quorum of board of trustees; president pro tempore.-Five members of the board of trustees, exclusive of the ex officio members, shall constitute a quorum, and every member present shall be required to vote, and a majority of those present shall govern. At their first meeting, the board shall elect one of their number president pro tempore, who shall preside in the absence of the governor, and shall hold the position until the next annual or special meeting, when another president pro tempore shall be elected. (Aikin's Digest, p. 430, § 26; Clay's Digest, p. 584, §7; Mar. 1, 1876, p. 268, § 10.)

ed, Mar.

3, 1903, p.

1878. (3677) (1068) (1303, 1304) Time and place of meet- As amendings of trustees.-The board of trustees shall meet at least once in each year, and on the last Wednesday in June, unless some 109, 10. other day is selected by them, and they may, by ordinance or resolution adopted by them, prescribe other regular times for meeting. At such meetings they may continue in session as long as they may deem proper for the welfare of the institution, and may at any session appoint a special or adjourned meeting. Upon the written application of four members, or of any three members with his concurrence, the president pro tempore shall appoint a special meeting, and issue notice thereof to the several members; but such special meeting shall not be appointed for a day less than twenty days subsequent to the date of the notice. In case there is no president pro tempore of the board, or in case he is incapacitated to act, then the governor, as president of the board, shall, upon the written application of four members, in like manner call such special meeting. Regular meetings of the board must be held at the university, but special or adjourned meetings may be held at the university or in the city of Montgomery, or in the city of Birmingham.

(Aikin's Digest, p. 430, § 25; Clay's Digest, p. 584, § 15; Mar. 1, 1876, p. 268, § 10.)

As amend

ed, Mar.

University of Alabama.

1879. (3678) (1069) (1305) Proceedings of board recorded; employment of secretary; payment of expenses, etc.-The proceedings of the board of trustees must be recorded in a sub stantially bound book, which must be kept in the archives of the university; and the board may at any meeting employ a secretary. The certificate of the president, or in his absence, of the president pro tempore, countersigned by the secretary, if there be one, shall entitle the several trustees to their constitutional pay out of the treasury of the university; and the compensation of the secretary and the necessary incidental expenses of the board at each session shall be paid on the order of the board, and the certificate of the president, or president pro tempore, as the case may be, out of such treasury.

1880. (3679) (1070) (1306) Report by board to the legislature. It shall be the duty of the board of trustees to make to the legislature, at each session thereof, a full report of their transactions, and of the condition of the university, embracing an itemized acount of all receipts and disbursements on acount of the university, by those charged with the administration of its finances.

1881. (3681) (1072) (1309) (430) (384) Interest on "Uni3, 1903, p. versity fund"; how payable.-The state treasurer must quar109, 13. terly, on the last day of December, March, June, and September of each year, pay the "university fund," as defined by section 1872 (3670) of this Code, to the treasurer or any authorized agent of the university; and on the application of such treasurer or agent, the state auditor shall draw his warrant on the state treasurer for the amount due; such payments to commence on the days specified after the present constitution became operative.

Ib., § 16.

1882. (3682) (1073) (1308) Right reserved to the legislature to revise and amend.-The right is reserved to the legislature to revise or amend the provisions of this article, and in virtue of the character of the trust conferred by the act of congress, to intervene, and, by special enactment, to direct and control the board of trustees in the discharge of their duties and functions.

1883. (3683) Law department to receive second-hand textbooks from state libray.-The justices of the supreme court are authorized from time to time to set apart and turn over to the law department of the university, copies of such second-hand or superseded law books, known as text-books, as they may deem expedient, the marshal and librarian taking proper receipts therefor.

1884. (3684) Law department must be supplied with Codes. -The secretary of state shall supply to such law department

University of Alabama.

ten copies of the Code of Alabama and ten copies of the acts of the legislature, and ten copies of each volume of the current reports of the supreme court, as the same may, from time to time, be published.

1885. (3685) Police of grounds; appointment, powers, and duties. The president of the university has authority to appoint or employ one or more suitable persons to act as police officers to keep off intruders and prevent trespasses upon and damage to the property of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers, and may eject trespassers from the university buildings and grounds, and may, without warrant, arrest per- . sons guilty of disorderly conduct, or of trespass on the property of the institution, and carry them before the nearest justice of the peace or other officer charged with the trial of such offenders, before whom, upon proper affidavit charging the offense, such person so arrested may be tried and convicted as in case of persons brought before him on a warrant; and such officer or officers shall have authority to summon a posse comitatus.

1907, p.

1886. Lands, sale, lease, or other disposition provided for.- Feb 28, The board of trustees of the University of Alabama may sell, lease, or otherwise dispose of, all or any part of such land as has been or may be selected under and by virtue of an act of congress entitled, "An act to increase the endowment of the University of Alabama from the public lands in said state," approved April 23, 1884; and may sell said lands or any interest therein or part thereof for such prices and upon such terms as to them may seem proper. Such sales may be for cash or for part cash, and the said board of trustees of the University of Alabama shall not be limited by any statute heretofore enacted as to what part of the purchase price of such lands which they have heretofore sold or may hereafter sell shall be in cash, but the per cent of the purchase price of such lands that may have been or shall be in cash, shall be such as said board of trustees of the University of Alabama may agree upon with the purchaser or purchasers.

1887. Executive committee created and authorized to act.b., § 2. The board of trustees of the University of Alabama may create an executive committee consisting of three or more of the trustees composing the said board, upon which committee it may confer full power and authority to lease, sell, and convey such lands or any part thereof, or any interest therein, as fully as said board of trustees of the University of Alabama could itself do.

Feb. 28, 1907, p.

University of Alabama.

1888. Sales, leases, etc., ratified and confirmed. All sales, 183, 3 agreements to sell, leases, and other dispositions of such lands, or any part thereof, or any interest therein, heretofore made or attempted to be made by the board of trustees of the University of Alabama, or by any executive committee by it created, irrespective of the per cent of the purchase price which may have been paid. in cash, are ratified and confirmed, and shall be binding upon the board of trustees as fully as if the same were made after the 28th day of February, 1907, and in cases where the same were made by an executive committee, as if the same were made by the board of trustees of the University of Alabama.

Mar. 6, 1907, p. 300, § § 1 and 2.

Mar. 6,

1907, p. 367, § 2.

Ib., § 3

1889. Medical department of University of Alabama.-The corporation styled the Medical College of Alabama is dissolved, and the institution heretofore known as the Medical College of Alabama is constituted the Medical Department of the University of Alabama, and shall hereafter be under the sole management, ownership, and control of the board of trustees of the University of Alabama; but the said Medical Department shall remain at Mobile for all time. All appropriations of moneys which may hereafter be made in aid of the medical college shall enure to the benefit of the said Medical Department of the University of Alabama, and shall be paid to the trustees of the University of Alabama for the use and benefit of said Medical Department at Mobile, Alabama.

1890. Quadrennial appropriations. For the quadrennial period beginning on the first day of January, 1907, the sum of one hundred thousand dollars is appropriated annually for the purpose of making needed improvements in the material equipment of said university, including the erection and furnishing of new buildings and the necessary repairs and furnishings for the buildings now in existence.

1891. Payment of appropriations in quarterly installments; exception. The moneys appropriated by the preceding section shall be paid by the state treasurer in equal quarterly installments on the first day of January, April, July, and October to the treasurer of the University of Alabama upon warrants which shall be drawn by the state auditor as warrants are drawn for other appropriations to the University, but the appropriation of one hundred thousand dollars made in the preceding section shall not be available, and the state auditor shall not draw his warrant for any part of said sum, except upon the requisition of the board of trustees of the University of Alabama, or the president thereof, approved by the governor.

Cement Laboratory-Summer School.

367, § 4.

1892. Report must show manner and purpose for which Mar 6, funds expended.-The board of trustees of the University of 1907, p. Alabama shall embody in the report required by law to be made to the legislature a statement showing the manner in which, and for what purpose, the funds provided in this article have been expended.

1893. Testing laboratory for cements.-The testing labora- Oct. 6, tory of the University of Alabama is the official testing laboratory for cements and other materials of construction.

1903, p. 389, § 1.

307, § 1.

1894. Summer school at university established.-The trus- oct. 1. tees of the University of Alabama may establish at that insti- 1903, p. tution a school to be known as the summer school for teachers, at which during the summer months instruction shall be given in all the public school studies, and in such other studies as may be necessary to better prepare teachers for efficient service in the public schools of this state.

1895. Annual appropriation.-For the maintenance of the 1, §2. summer school for teachers, the sum of five thousand dollars (r.c.c.) is appropriated annually.

(r.c.c.)

1896. Appropriation; how and when paid.—The sum of five Ib., §§ § 3 thousand dollars shall, on the first day of July of each year, and 4. be paid by the state treasurer to the treasurer of the University of Alabama, on warrants drawn by the state auditor as warrants are drawn for other appropriations to the university. The trustees of the university shall report in writing to the legislature at each regular session thereof the manner in which the appropriation has been expended.

1897. Matriculation or tuition fee.-No matriculation or b., § 4. tuition fee shall be charged to Alabama teachers, and no incidental fee exceeding three dollars per session shall be charged any Alabama teacher.