University of Virginia Library

The regular monthly meeting of the Board of Visitors of The Rector and Visitors of the
University of Virginia was held on this date in the Office of the President of Mary Washington College,
Fredericksburg, Virginia, with the following present: The Rector, Barron F. Black; President
Colgate W. Darden, Jr., of the University of Virginia; Dr. M. L. Combs, President of Mary Washington
College; Visitors Carrington, Emmett, Garnett, Gay, Gravatt, Howard, Mears, Wailes, and Willis.
Absent: Visitors Anderson, Barksdale, Smith, and Talbott.

The minutes of the meeting of April 14, 1950, which had been copied and mailed to the
members, were approved.

GIFTS

The President announced receipt of the following gifts.

   

From the Jefferson Unitarian Church, to be used for the Chapel	$ 200.00
From Eli Lilly Company, for research in bacterial allergy under Dr. Oscar Swineford, Jr.	5,000.00

DEATH OF PROFESSOR CAMPBELL

Mr. Edmund S. Campbell, Professor of Art and Architecture since 1927, and Curator of the
Bayly Art Museum, died May 8, 1950.

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Upon recommendation of the President, the following resignations, promotions, and elections
were approved.

RESIGNATIONS

The following resolutions were adopted.

RESOLVED that the resignation of Dr. David D. Merren, Instructor in Urology, be and the same
is hereby accepted, effective July 1, 1950. We wish for him the highest success in his new undertaking.

RESOLVED that the resignation of Dr. Karl F. Menk, Instructor in Clinical Pathology, be and
the same is hereby accepted, effective June 1, 1950. We wish for him the highest success in his new
undertaking.

PROMOTIONS

Dr. William Norman Thornton, Jr., promoted from Associate Professor of Obstetrics and
Gynecology to Professor of Obstetrics and Gynecology and chairman of the department, effective
July 1, 1950, at a basic salary of $10,000 per year from the University.

Dr. Oliver Beirne Bobbitt, promoted from Instructor to Assistant Professor of Clinical
Pathology, effective July 1, 1950, at a salary of $4,300, to be paid from reserve funds of the department
of clinical pathology.

ELECTIONS

Mr. Huntington W. Curtis elected Assistant Professor of Electrical Engineering for the
session of 1950-51, at a salary of $4,550 for the session.

Dr. Cary Nelson Moon elected Instructor in Otolaryngology, effective July 1, 1950, at a
salary of $2,000.

Dr. Robert Kelley elected Instructor in Urology, effective July 1, 1950, at an annual
salary of $6,500, to be paid from departmental earnings.

UNCOLLECTIBLE HOSPITAL ACCOUNTS

The following resolution was adopted.

RESOLVED that the Hospital Accounts Committee be and it is hereby authorized to charge
off as uncollectible accounts schedules 124, 125, 126 and 128, aggregating $23,854,93, recommended
by them for cancellation.

ARCHITECTURAL TREATMENT OF THE MEWS

Action was deferred until June on a proposed plan for the architectural treatment of
The Mews.

USE OF MOTOR VEHICLES BY STUDENTS

A resolution adopted by the Board on July 6, 1942, concerning use of motor vehicles by
first-year students, was discussed and reinstated, with modifications, as follows:

RESOLVED that no first-year students in the College, Engineering, or Education departments
shall, while the University is in session, maintain or operate a motor vehicle in the University,
the City of Charlottesville, or the County of Albemarle, without the written consent of
the Associate Dean of the Lower Division.

WALTER M. SEWARD ESTATE

Mr. W. Allan Perkins, Attorney for the University, made the following statement to the
Board.

In settlement of the Estate of the late Dr. Walter M. Seward, the University became the
owner of Lots 10, 11, 12 and 13 fronting 40 feet each on the south side of James Avenue and Lots
21, 22, 23 and 24 fronting 40 feet each on the north side of Highland Avenue, all of which are located
in the subdivision known as Highland Park, in the Town of Colonial Heights, Virginia, just
outside of Petersburg.

On Thursday, July 18, 1935, Mr. E. I. Carruthers and I went to Petersburg and with the
help of Mr. M. H. Guthrie, a real estate agent in Petersburg, we inspected and appraised these lots
as being worth from $1,600 to $2,400. Again on October 29, 1946, I had an estimate of the value of
these lots made by Mr. E. V. Moore of the C. F. Faison Realty Company, who then estimated the
value of Lots 10, 11, 12 and 13 at $250.00 each and Lots 20, 21, 22 and 23 at $300.00 each - a
total of $2,200.00.

On August 7, 1948, we had an offer from a Mr. Herbert R. Crowder to purchase these eight
lots at $1,800.00, which I declined to submit to the Board.

On April 20, 1950, Churchill Gibson Dunn, of Petersburg, who has worked with me in representing
the University in the settlement of other matters connected with Dr. Seward's estate, submitted
an offer from a client of his of $1,500.00.

On May 5, 1950, Louis C. Shell offered $1,900.00 for the eight lots.

And on May 8, 1950, I received a letter from Faison Realty Company offering $2,200.00
for the lots, less a commission of $200.00 to be paid to them for making the sale, or a net of
$2,000.00 to the University, this offer having been made by N. B. White. I think this is an entirely
reasonable offer and recommend its acceptance.

It was, thereupon

RESOLVED that the offer of N. B. White, made through C. F. Faison Realty Company of
Petersburg, to purchase Lots 10, 11, 12 and 13, 20, 21, 22 and 23 in the subdivision of Highland
Park in the Town of Colonial Heights, Virginia, at the price of $2,200.00, of which $200.00 is to
be paid as commission to C. F. Faison Realty Company, making a net price of $2,000.00 to the University,
be and is hereby accepted, and Colgate W. Darden, Jr., President is hereby authorized
and directed to execute a deed conveying said property, with special warranty of title, to said
N. B. White, and Vincent Shea, Secretary of this Board, is hereby instructed to affix the corporate
seal thereto and to deliver said deed to the purchaser upon payment of the purchase price
in full.

SALE OF "FOUR ACRES"

Mr. Perkins, Attorney for the University, made the following statement to the Board.

Mr. Perkins stated that as Attorney for the University he had received the following
offers from Mr. Albert H. Case and Mrs. Sarah A. Case, his wife, formerly of Tampa, Florida, and
now of Charlottesville

(1) To purchase the property owned by the University and situated on Rugby Road, known
as "Four Acres," at the price of $40,000.00 cash. This is the same property which the University
purchased from Mrs. Lillian P. Edwards, August 20, 1947, at the price of $40,000.00 cash.

(2) That Mr. and Mrs. Case would like to make a gift to the University of $60,000.00 in
cash provided the University will agree to pay to them jointly during their joint lives and to the
survivor so long as he or she shall live an annuity of five percentum per annum upon said $60,000.00.

It is proper to add that Mr. Case is now 75 years of age and Mrs. Case is 76 years of age.

I am of the opinion that the University has the legal right to sell the property known as
"Four Acres." I am also of the opinion that probably under the general powers of the University to
execute any trusts in which it has an interest, which powers are vested in it by Sec. 23-69 of the
Code of 1950, it has full authority to accept this gift and pay the annuity, but in view of the provisions
of an Act of the General Assembly, approved March 16, 1916, (see Acts of 1916, pp. 491-492)
there can be no shadow of doubt as to this right.

I have discussed these two offers with President Darden and understand that he has also
discussed them with members of the Executive Committee of this Board and that the consensus of opinion
is that both offers should be accepted.

The written consent to and approval of the acceptance of this gift by the University (required
by Section 22 of the Appropriation Act of April 8, 1948 -(see Acts of 1948, p. 1318) has been
given by Governor John S. Battle, with the understanding that the interest installments agreed to be
paid Albert H. Case and Sarah A. Case, his wife, will not be paid from or constitute a charge upon
State appropriations, and the original signed copy of this consent is attached to this report.

I submit herewith such form of a deed and of a contract as I think should be executed by
Mr. and Mrs. Case and on behalf of the University to the end that the contemplated conveyance may be
made and the trust created and administered.

After discussion of the foregoing report the following resolution was proposed by Mr. Mears,
seconded by Mr. Gravatt, and unanimously adopted:

(1) RESOLVED that the offer of Albert H. Case and Sarah A. Case, his wife, to purchase the
property owned by the University, situated in the City of Charlottesville, Virginia, on Rugby Road,
and known as "Four Acres," at the price $40,000 cash be and is hereby accepted. And Colgate W.
Darden, Jr., President, is hereby authorized and instructed to execute a deed in the name and on behalf
of The Rector and Visitors of the University of Virginia conveying said property to said Albert
H. Case and Sarah A. Case, his wife, and Vincent Shea, Secretary of this Board, is hereby instructed
to affix the corporate seal to said deed, attest the same and deliver said deed to Mr. and Mrs. Case
upon payment by them to him as Bursar of the University of the sum of $40,000.00 in cash.

(2) And be it further

RESOLVED that the offer of said Albert H. Case and Sarah A. Case, his wife, to give
the University the sum of Sixty Thousand Dollars ($60,000.00) in cash, provided the University will
agree to pay to them jointly during their joint lives and to the survivor so long as he or she shall
live, an annuity of five per centum per annum upon said $60,000.00, be and is hereby accepted; the
contract presented to this Board by Mr. Perkins setting out the terms and conditions of said gift is
hereby approved and Colgate W. Darden, Jr., President, is hereby authorized and instructed to execute
said contract in the name and on behalf of The Rector and Visitors of the University of Virginia, and
Vincent Shea, Secretary, is hereby instructed to affix the corporate seal thereto, attest the same,
and deliver said contract to the said Albert H. Case and Sarah A. Case, his wife, upon payment to
him, as Bursar of the University, by said Albert H. Case and Sarah A. Case, of the sum of $60,000.00
in cash.

The Board approved payment to Mr. William Stevens of a commission of $1,000 on the sale of
"Four Acres."

JOSEPH HARVEY RILEY PROPERTY

A progress report from Mr. Garnett was received and the Secretary was requested to file it.

H. KRUGER KAPRIELIAN ESTATE

Mr. Perkins, Attorney for the University, reported that the personal property of the
Kaprielian estate had been sold at auction, yielding $1,474. The original appraisal was $1,500.

WOODROW WILSON ROOM

The Board approved a proposal by the International Affairs Association of the Woodrow Wilson
School of Foreign Affairs that it be authorized to designate an honor student in the School of Foreign
Affairs to live in the Woodrow Wilson room at 31 West Range, subject to the regulations governing
such rooms.

KAPPA SIGMA ROOM

The Board approved a proposal by the Zeta Chapter of Kappa Sigma that it be authorized to
continue to designate one of its members to occupy the room at 46 East Lawn, where the Kappa Sigma
Chapter at the University of Virginia was founded in 1869, such occupancy to be subject, of course,
to the regulations governing such rooms.

REPORT OF FINANCE COMMITTEE

Mr. Gay stated that the Finance Committee had discussed the possibility of selling some of
our common stocks on the present high market and purchasing either government bonds or AAA industrial
or utility bonds, because the Committee believed that there would probably be a decline before long
in the stock market and we could then go back into the market and buy stocks at a lower price.

It was the sense of the Board that the Finance Committee should request the State-Planters
Bank to study our common stock holdings in the light of the present market and, if it deemed advisable,
to recommend appropriate action to the Finance Committee.

BUILDING PROGRAM

Addition to the Medical Building

The working drawings for the Addition to the Medical Building were approved. The President
was authorized to advertise for bids.

Student Union

Preliminary plans for the Student Union were approved.

Women's Dormitory

Working drawings for the Women's Dormitory were approved and the President was authorized
to advertise for bids on this project.

MARY WASHINGTON COLLEGE MATTERS

Upon recommendation of Dr. Combs, the following resignations and election were approved.

RESIGNATIONS

Dr. Matila Ghyka, Professor of Art of the East, who is completing his third year at Mary
Washington, has resigned to accept a position in Dublin, Ireland, so as to enable him to be with his
family who are in Europe.

Dr. H. Logan Cobb, Assistant Professor of Spanish, who has been on the faculty for three
years, resigned to accept an associate professorship in the department of modern languages and
literature at the James Millikin University, Decatur, Illinois.

Miss Tannye Burnett, Instructor in Physical Education, who is completing her second year
at the college, has submitted her resignation because she wishes to pursue additional graduate work.

ELECTION

Mr. Levin James Houston, III, elected Assistant Professor in Piano at a salary of $3,420
for the session of nine months, incumbency to begin September 18, 1950.

FURNISHING OF "BROMPTON"

The following resolution was adopted.

RESOLVED that the expenditure of Mary Washington College funds for providing furniture for
the public rooms at "Brompton," heretofore made in the amount of $3,500, be and the same is hereby
approved.

ACCIDENT INSURANCE FOR STUDENTS

Dr. Combs made the following statement to the Board.

Mr. K. D. Scott, of James A. Scott and Sons of Lynchburg, has contacted the college relative
to furnishing the parents of students with an accident policy on a group basis.

The proposed plan is to be presented to the parents of the students in the envelope with
the statement of college expenses for the fall semester together with a proposed letter to be signed
by a college official.

When this plan was first presented to us, it was our feeling that such procedure would be
in violation of State policy, if not State law. However, Mr. Scott presented the matter to the
Attorney General through his representative, Honorable Mosby G. Perrow, Jr., of Lynchburg. (A copy
of the proposed letter to the parents was shown to members of the Board, together with Mr. Perrow's
letter to the Attorney General and his reply.)

In view of the letter from the Attorney General, it appears that such practice would be
permissible, and it is recommended that the proposed insurance plan be available to the parents of
the students in the manner prescribed above.

The following resolution was adopted.

BE IT RESOLVED that the accident insurance policy proposed by James A. Scott and Sons, as
described above, be made available to parents of students, on a voluntary basis.

HIGHWAY BY-PASS

Dr. Combs stated that the State Highway Department had requested the college to deed to
them certain properties bordering on the alternate Highway No. 1 from the No. 3 highway over-pass
extending to Hazel Run, in order that the highway may be widened at this point in this section to
permit the construction of what is termed a limited access highway.

The matter was referred to Dr. Combs with power to act.

DISTRIBUTION OF ACADEMIC GRADES

A report on the distribution of academic grades was received and the Secretary was requested
to file it.

REPORT OF THE MARY WASHINGTON COLLEGE COMMITTEE

Letter of Complaint from Professor McIntosh

The Mary Washington Committee met in the office of President Combs on Thursday night,
May 11, 1950. Committee members present were Mrs. Wailes, Mrs. Willis, and Judge Garnett.

A number of faculty members of Mary Washington College wished to appear to protest a charge
of alleged intimidation of the faculty by the president. The Committee conveyed to Dr. Clifton B.
McIntosh through Dean Alvey its willingness to hear him also on this matter if he wished to come.
He replied in the affirmative. Judge Garnett was asked to take charge of the hearing and he requested
Mr. E. E. Woodward to take notes for a record of proceedings.

Dr. McIntosh reiterated the statement which he had made by letter of April 13th to the
Rector, viz., "At the last meeting of the Faculty of Mary Washington College of the University of
Virginia President Combs informed that faculty that any member of the faculty who went to the Board
of Visitors with complaints would never receive an increase in salary or a promotion as long as he
had anything to do with it.

I wish to object most strongly to this kind of intimidation and threat of reprisal in the

"May I request that you present this matter to the Board of Visitors in order that they
may take whatever action they may deem advisable."

On request, Dr. McIntosh suggested names of colleagues who in his opinion would give an
accurate account of statements made at the faculty meeting in question. Forty-seven were so listed.
Dean Alvey was asked to get in touch with as many as possible. Some were present in the building
as members of the original group requesting the hearing.

The Committee interviewed between forty and fifty faculty and staff members concerning
this matter. The question was asked whether Dr. Combs used the language attributed to him in the
above letter of April 13th, or whether any language was used by the President from which an inference
might be made that the President was endeavoring to intimidate or threaten any faculty member
who went to the Board of Visitors with complaints. Of the forty-six members who were given the
opportunity to express themselves either singly or in a group, all except two stated that the language
used by Dr. Combs was not interpreted by them as a threat or intimidation either overt or
implied. Two of the members interviewed stated that in their opinion the language used might have
been construed to constitute a threat.

The Committee, therefore, recommends that the charge or charges be dismissed.

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The Board approved the report of the Committee in the above matter, dismissing the charges
made by Professor McIntosh, as recommended by the Committee.

Student Housing

Since the $500,000 appropriation for new dormitories made by the 1950 Legislature was a
conditional one only, Dr. Combs brought up the possibility of a loan under the Housing Act of 1950
for the purpose of providing facilities to house 500 students. The Mary Washington Committee reiterated
the very great need for additional dormitory space in order to relieve existing congestion
in the present dormitories and to provide quarters for students now housed off campus. The Committee,
therefore, recommended to the Board that the matter of determining the best method of financing dormitory
construction be referred to the Finance Committee for immediate consideration.

A resolution to carry out the recommendations of the Mary Washington Committee concerning
possible financing of new dormitories was adopted.

HORSEBACK RIDING

A resolution was adopted authorizing the college to pay $2,000 per year to Oak Hill Stables
to partially defray the cost of transporting students between the college and the stables.

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On motion the meeting was then adjourned.