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OLDHAM AND TRIMBLE. nulési
> ' SESSlON 1900. JUdIClary:
\ ‘ ‘ ‘ Insurance;
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bouig OE Representatives MEMBER FROM Gommtttees:

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alas. 7%. Iinttcrsuu, $513- 33.. 31:311. 11., firmihrut,

ﬂexingfmt, 35133.,
Trustees whose Term of Office expires January 1910.

Basil M. Brooke, Democrat, Slaughtersville, Webster County
T. L. Ed elen, Re1ublioa1, Fiankfort, Franklin County

Hon. F1 rank A. Hoplzina, Democrat, Prestonsburg, Floyd "
gnarles B. Nichols, Democrat, Laxinbton, Fa3et to County

Judg.e Robert L. Stout, Democrat, Versaill =8, Woodford County.

Trustees whose Term of Office expires January 1918.

”Tu L35 Henry S. Barker, Democrat, Louisville, Je fieroon County
Hon. Tibbis @6113 out 11' , Del oorat , F330 tt svil l o, All en ”71:11:“. ty
Hon. “illiam H. Cox, Republican,l rZaysville, Mason County
Penny F. Sinith, Harm rat. Cau.1z, Trigg Count;*

Hon. Claude B. Terrell, Democrat, Redford, Trimole County

Trustees whose Term of Office expires January l914.

n. Ceeoive X. Clay, Democrat, Paris, Bouroon County
vol iavieg ,FS<1., (1311011161111, tense; , "'nﬁ, tlcy (‘Cunt3
iha.rd G. C'toll, Eeq., Rerublioan, Lexington, Fayette County
is L. Walker, sq., Pepublioon, Lunogster, tuirurd Cornty
:.rd H. Fathom, Eeq., (Political affiliation unknown)
Teoanon, Z’arion Count3r

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His Excellency, Augustus E. Willson, Royublican, .
Trustee ex~off1o10.

JaLes K. Patterson, “encorat, ionoer ox—ofiioio,

John G. Crabbe-:Re3ublican, Rambo? ex-offioio.

Total Democrats, 10
Total Republicans, 7
Unknown .. l

I have the impression that Hr. Wathen is a nopub-

but this in only an impression.

 

 uous service in building up the State University, in-
creasing its income from $10,000 per annum to $145,000
and its buildings, grounds and equipments from abso-
lutely nothing to $930,000, the General Assembly
adopts the recommendation of the Joint Committee, I
shall be much surprised. It is not characteristic of the
people of Kentucky to be oblivious or unmindful of pub—
lic service. I did not ask the Board for the annuity. It
was voluntarily offered by them and gratefully ac-
cepted by me. But I may say I felt that it was not
undeserved. I could not support Judge Barker in his
candidacy to succeed me because I wanted an educated
man of University training and University experience
as my successor. The result of my attitude to him was
a breach which has grown wider and wider. Hence his
request that the Committee recommend the discontinu—
ance of the annuity which he asked the board to give me.
Hence his determination to reverse himself and to
exact, if possible, the pound of ﬂesh as a penalty for my
opposition to his election. This is not the magnanimity
which one would expect from the head of a University.

Your obedient servant,

J AMES K. PATTERSON.

To the Members of the General Assembly
of the Commonwealth of
. Kentucky

GENTLEMEN :—

The question of the violation of the law of
appointment of beneﬁciaries to the State Univer—
sity was submitted to the Attorney General by Hon.
Barksdale Hamlett, Supt. of Public Instruction. The At-
torney General in an elaborate opinion decides that the
county is the unit of appointment and not the State, as
contended by the administration of the State University,
at whose instance and under whose instruction, the law
was disregarded and ignored by the County Superin-
tendents. Judge H. S. Barker then addressed the Attor-
ney General, requesting his attention to the doctrine of
“Contemporaneous Construction.” The Attorney Gen-
eral in a letter to Hon. Barksdale Hamlett, says: “Judge
Henry S. Barker, President of the State University, has
called my attention to the fact that I did not touch upon
the doctrine of ‘Contemporaneous Construction,’ as ap—
plied to the statute in question, and he informed me that
the construction now given to the statute is the same
construction that has been given to it by those in charge
of the University for several years, and for that reason
he holds that the construction given it by the present
authorities is the proper construction.”

The Attorney General, after discussing “Contem-
poraneous Construction,” says: “To my mind the stat—
ute is clear. I think the opinion given you under date of
February 5, is the proper construction of the statute in
question.”

On the statement of Judge Barker, I wish to make-
the following observations:

 

 During the period from 1893 when the law became
operative until my retirement in 1910, there was a uni—
form simple and unambiguous construction of a statute
which is quite incapable in ordinary hands of distortion
or perversion. The statute requires a. competitive ex—
amination,pon questions prepared by the Faculty of the
University—the examination is to be held between the
ﬁrst day of -J une and the ﬁrst day of August, the time
and place of examination is to be made known to the
citizens of the county by the County Superintendent.
The age limit is 1-1—24. All graduates of the common
schools are eligible. The successful competitor is ex-
empt from the payment of all fees, receives lodging, fuel
and lights in the dormitories free of charge, and travel—
ing expenses once coming from home to the University
and once returning each year.

In all this there is nothing ambiguous, nothing sus—
ceptible of an alternative construction or interpretation.
It requires neither the acumen nor the training of a
jurist to understand it. During the period above named
I neither countenanced or suggested or advised the
slightest departure from the plain letter of the law. I
had the statute printed upon every blank appointment
sent to the County Superintendents in order that each
time he ﬁlled the blank by an appointment he might have
the law before him. “Contemporaneous Construction,”
in the sense suggested by Judge Barker there was none.
A simple, ingenuous, common—sense construction was all
that was possible. The plain letter of this statute was
before the County Superintendents. I never found one
who said he was in doubt as to its meaning. My duty
uniformly exercised was to see that it was complied with
in all its details.

The certiﬁcates of appointment which should be on
ﬁle in the office of the Secretary of the University are
conclusive evidence on this head. No County Superin—
tendent or county appointee will testify otherwise than
that I required full and complete compliance with all the

- requirements of the law in order to validate appoint—'

ments.

“Contemporaneous Construction,” is an after
thought, a myth. and in View of all the facts, rather a
clumsy one. “Inventions return to plague the Inven-

tors.” The hundreds of illegal appointments made
under the instruction and at the instance of the adminis-
tration of the State University will involve a less this
year of about twenty thousand dollars, quality and
preparation are sacriﬁced to the mania for numbers, the
prestige and dignity of the University are lowered and
its good name compromised. The “County and not the
State is the unit,” and those appointments and those
only which have been made in strict compliance with the
requirements of the Statute are legal and valid.

The opinion (if the Attorney General is decisive
until reversed by the Court of Appeals. “The county
and not the State is the Unit.” “Contemporaneous
Construction” is a ﬁgment, and none know this better
than those who use it.

The Commonwealth has a right to expect that in
the State University the majesty of the law should be
respected and its observance inculcated. That its ad-
ministrative head should not lead the way in the viola—
tion of a statute fundamental to its prosperity and its
efﬁciency, a statute which provides for the continuous
supply of the best students, which places the University
in every county in the Commonwealth by affording
equal opportunities to all, exclusive privileges to none.

The committee has been misled in regard to the in—
debtedness. If the reports of the Comptroller can be
relied upon, more than $60,000 of the debt has been con-
tracted within two years. .

The management of the University has been over-
looked by the joint investigation committee, el'ﬁciency of
instructors ignored, abuses, perquisites, cumulative
salaries passed by, graft in unwarranted commutations
disregarded. The report grazed the surface, but did
not get into the inside of things.

On the recommendation of the Committee of Inves-
tigation that the Board of Trustees rescind the
retiring allowance which they contracted to pay
me on my resignation, I have but little to
say. Whether one party to the contract can
abrogate its provisions without the consent of the
other would be within the competency of the Courts to
determine. If after more than forty years of contin-