Page 40

Ohio University Record, Meeting May 14, i9oe.
es
The following resolution was introduced by Welch:
"WHEREAS, That part of Section 2 of the Act of the General Assembly
of Ohio, passed February 18th, 1804, whereby the President of the Ohio Univer
sity is made an ex-officio member of the Board of Trustees of the University,
is. inconsistent with, and repugnant to, the provisions of Section 2, Article
VII of the Constitution of the State, which provided that the Trustees of all
the State Institutions shall be appointed by the Governor; and
WHEREAS, Our Supreme Court has, by repeated decisions, held that all
laws or parts of laws in force on the first day of September, 1851, that are
inconsistent with and repugnant to the Constitution of 1851,are, by implication, repealed;. Now, therefore, be it resolved that the office of ^resident
of the Board of Trustees of the Ohio University be, and the same is, hereby
established, and that such office shall be filled by a member of said B0ard,
who shall preside at the meetings of said Board".
Whereupon, motion was made by Welch that further consideration of
said resolution be postponed until the annual June session of the B^ard and,
in the meantime, that the legal questions therein involved be submitted to
the Attorney-General, which motion was adopted.
Upon motion of Duff, seconded by Lowry, the Bflard adjourned to meet
at eight o'clock A. M., June Seventeenth, 1908.
Attest:
President, Ohio University.
Secretary Board of Trustees,
Ohio University.