University of Virginia Library

A special meeting of the Board of Visitors was held on this date at 11 o'clock in
the office of the President. Present, The Rector, Fred W. Scott and Visitors Corbitt,
Garnett, Rinehart and Lewis C. Williams, and President Newcomb.

Pursuant to published notice that the bids for the erection of the proposed addition
to the hospital would be opened at 11 o'clock, and that hour having arrived, the Board, on
motion, adjourned to the amphitheatre in the medical building in order to accomodate the
number of bidders, where the bids were then opened and tabulated. The lowest bidders having
been determined, the following motion by Mr. Rinehart, Chairman of the New Building Committee
being duly seconded, was unanimously adopted:

The resolutions in connection with the following matters presented by Mr. Perkins,
Attorney for the Board, were adopted:

MALLORY DEED.

Mr. Perkins, Attorney for the Board, stated that Fred P. Mallory of Lawrenceville
wished to buy back from the University of Virginia his home in Lawrenceville, which had been
sold by L. J. Hammack, Trustee, under deed of trust, and purchased by the University in connection
with the settlement of the Seward Estate, the amount of the debt for which said
property had been sold being approximately $2,400.00, and the amount of purchase price offered
by said Mallory being $2,450.00,

It was thereupon

COTTON ACREAGE REDUCTION, ETC.

RESOLVED: That Mr. J. L. Newcomb, President, and Mr. E. I. Carruthers, Secretary, of
The Rector and Visitors of the University of Virginia, be, and are hereby, authorized and requested,
in the name and on behalf of The Rector and Visitors of the University of Virginia,
to execute and deliver to A. S. Harrison, Jr., a Power-of-Attorney, by which he shall be duly
constituted and appointed as Attorney-in-Fact for The Rector and Visitors of the University
of Virginia, and as such Attorney-in-Fact, empowered to sign, execute and deliver, on behalf
of this Corporation, certain contracts which are known and designated as 1934-35 - 1935-36
cotton acreage reduction contracts, or by whatever other term designated pursuant to the
Agricultural Adjustment Act, approved May 12, 1933, and as amended.

Said contracts are to be signed by A. S. Harrison, Jr., as Attorney-in-Fact for and
on behalf of this Corporation, as the owner of certain farms situated in Brunswick County,
Virginia, which farms are now or may hereafter be leased to various tenants.

Be it further

RESOLVED: That the action of J. L. Newcomb, President, and E. I. Carruthers, Secretary,
in executing the Power-of-Attorney for the above named purpose to said A. S. Harrison,
Jr., under date of August 22nd, 1934, be, and is hereby, approved, ratified and confirmed.

And it is further

RESOLVED: That said A. S. Harrison, Jr., is hereby constituted and appointed
Agent for The Rector and Visitors of the University of Virginia, and is hereby authorized
in the name and on behalf of this Corporation to execute releases of deeds of trust, and to
execute such other instruments and contracts made necessary in the management of the Estate
of the late Dr. Walter M. Seward, and as he may, from time to time, be requested to execute
by the President.

Furthermore, all previous actions of said A. S. Harrison, Jr., in making releases
of deeds of trust in connection with the Seward Estate for the purpose of refinancing loans
under the Home Owners Loan Act, or with private individuals, are hereby ratified, approved
and confirmed.

C. H. WELLS, EDGERTON.

Mr. Perkins reported that as a part of Dr. Seward's Estate the University is the
owner of a house and lot at Edgerton, in Brunswick County, Virginia, that the tenant now
renting the property has been most unsatisfactory in payment of rent, and that as the
property only consists of a lot of about five acres, with a small frame dwelling house on
it, it seems advisable to sell the property if possible.

It is thereupon

RESOLVED: That the President be, and he is hereby authorized to sell this property,
either publicly or privately, at any price he may be able to obtain for the same over
$1300.00, and upon such terms as the President may approve.

The President is further authorized, in the name and on behalf of the University, to
execute and deliver a deed conveying this property to the purchaser, the Secretary being
requested to affix and attest the University's seal thereto.

DEFICIENCY JUDGMENTS.

Mr. Perkins reported to the Board that in the management of the Estate of Dr. Seward,
certain real estate, located in the town of Lawrenceville, and in the County of Brunswick,
had been sold under deeds of trust securing debts to the Estate. In three of these sales,
namely- the property of Schofield Powell, that of Ida and W. T. Wesson, and that of H. S. and
W. F. Winn, a deficiency resulted, and your Attorney is reliably advised that in none of
these instances could a judgment for such deficiency be collected, if obtained.

He therefore recommends to the Board that a resolution be adopted, relieving your
Attorney and the officers of the University of the responsibility with reference to these
deficiencies.

It was, thereupon

RESOLVED: That, while the Board recognizes the fact that ultimate recovery may be
problematical, yet it feels that judgments should be obtained and docketed, and the Attorney
is therefore authorized and directed to proceed, as soon as possible, to obtain judgments
in each of the above cases.

WILLIAM AND LENA BARBER.

As a part of the Estate of the late Dr. Walter M. Seward, the University holds the
bond of William and Lena Barber for $10,000.00, dated November 30, 1903, payable five years
after date, with interest at 4-1/2%, payable annually and secured by mortgage upon premises
known as No. 409 E. 147th Street, Burrough of the Bronx, City and State of New York.

Under date of November 30th, 1908, this mortgage was extended for a period of three
years. The bond has been past due since November 30th, 1911. Interest has been paid in full
thereon to December 1st, 1933. Interest amounting to $450.00 for the year ending December
1st, 1934, is in arrears.

In the fall of 1934, No. 409 E. 147th Street was purchased by one C. C. Dean, who
now requests that he be given a concession of $150.00 upon this $450.00 of past due interest,
and that if this concession is allowed he will pay the remaining $300.00 of interest for the
year ending December 1st, 1934 at once, and will hereafter pay interest promptly at the
rate of 4-1/2% per annum.

Mr. Dean also requests that he be given an extension of five years from the 1st day
of May 1935, in payment of the principal of the bond now past due. It was thereupon.

RESOLVED: That Mr. Dean's request be complied with, — that he be allowed to pay
$300.00 in full of the $450.00 of interest due as above set out, and that the Rector be, and
is hereby authorized to execute an extension agreement by which payment of principal of
said bond shall be extended for a term of five years from May 1st, 1935, such extension
agreement to contain a promise that if default be made in any installment of interest when
the same is due and payable, the whole debt shall at once become due and payable and the
mortgage securing same may be foreclosed.

BOND AND MORTGAGE GUARANTEE COMPANY
REORGANIZATION.

Mr. Perkins presented to the Board a form letter, over the signature of Henry N.
Rappaport, Assistant Special Deputy Superintendent of the Insurance Department of the State
of New York, addressed to The Rector and Visitors of the University of Virginia, calling
attention to a proposed plan of reorganization of a mortgage of $146,000.00 upon No. 1310
Morris Avenue, Burrough and County of Bronx, City and State of New York, of which mortgage
the University holds a certificate for $20,000.00, as a part of the Seward Estate, issued
by Title Guaranty & Trust Company, guaranteed by Bond & Mortgage Guarantee Company, said
certificate being No. 91757 (Bond No. C-6445; Guarantee No. 208334, due October 1st., 1933;
interest 5-1/2%, April 1st and October 1st).

Said letter states that said plan of reorganization has been approved by the Superintendent
of Insurance of the State of New York and by the Bond & Mortgage Guarantee Company,
and is being submitted for approval to the Supreme Court of the State of New York in a
proceeding under Chapter 745 of the laws of 1933, as amended, being No. 760 on the Docket
of said Court.

Before the Court will approve said plan, however, it must be recommended by two-thirds
of the holders, in principal amount, of the certificates issued against said mortgage.

Accompanying said letter is a form of approval, which this Board is requested to
have executed and returned to Title Guaranty & Trust Company, the holder of record of said
mortgage.

Mr. Perkins presented to the meeting a printed copy of the plan of reorganization,
which was ordered to be filed with the minutes of this meeting.

It was thereupon

RESOLVED. That the Rector be, and is hereby authorized and empowered to execute the
form of consent to be filed with the Supreme Court of the State of New York, for the County
of Kings, according to the plan of reorganization, dated March 29th, 1935, as submitted to
said meeting, which plan is signed by George S. Van Schaik, Superintendent of Insurance for
the State of New York.

CHALONER DEED

By a deed dated May 10, 1912, John Armstrong Chaloner conveyed certain real estate
in the States of North Carolina, Virginia and New York to the Universities of Virginia and
North Carolina, reserving to himself a life estate in said properties, and also reserving
the right any time to encumber said properties for the purpose of placing improvements upon
any of said properties, or of paying Attorney's fees. This deed is recorded in the Clerk's
Office of the Circuit Court of Albemarle, in D.B. 150, p. 136.

Under date of April 6th, 1935, the said John Armstrong Chaloner conveyed three parcels
of said land, two of which are situated in the town of Roanoke Rapids, North Carolina,
and the third in Halifax County, North Carolina, to E. L. Travis, Trustee, to secure the
sum of $18,000.00 to be used for the purposes above referred to

By deed dated April 11th, 1935, the said John Armstrong Chaloner conveyed all three
parcels of land, in fee simple, to J. Wingfield Crow, Jr., of Roanoke Rapids, North Carolina,
for the purpose, Mr. Crew informs me, of facilitating the sale of said three parcels of land,
and doing away with the necessity of selling said properties under said deed of trust.

On the 27th day of April 1935, your Attorney had a personal interview with Mr.
Chaloner, who was then confined to his bed in the University Hospital, and Mr. Chaloner then
stated that it was his wish that the University should release their right in remainder to
said three properties, and he then requested me to present the matter to the Board, asking
that a proper resolution should be adopted to effect such release.

Mr. J. Wingfield Crew, Jr., acting as Attorney for Mr. Chaloner, has submitted a
form of deed for this purpose, with the request that it be executed and returned to him I
feel confident that it is proper for you to comply with Mr. Chaloner's request, and I therefore
submit the following resolution for your consideration:

RESOLVED: That The Rector and Visitors of the University of Virginia, through its
Rector and Secretary, execute and deliver to J. Wingfield Crew, Jr., of Roanoke Rapids,
North Carolina, a deed in fee for all of its rights, title, interest and estate in and to
those certain tracts or parcels of land, more particularly described as follows:

1. Those two lots or parcels of land, located in the Town of Roanoke Rapids, Halifax
County, North Carolina, on the west side of Roanoke Avenue, fronting each 25 feet on said
Avenue, and running back the same width between parallel lines 140 feet to an alley, and
shown and designated as Lots Nos.1033 and 1035 on the plat of the Town of Roanoke Rapids,
which plat is duly recorded in the public registry of Halifax County, North Carolina. These
are the same lots as were conveyed to John Armstrong Chaloner by Roanoke Rapids Power Company,
by deed dated the 28th day of October 1902, and recorded in Book 143, p. 380, public registry
for Halifax County, which property was owned by John Armstrong Chaloner as of May 10, 1912.

2. That certain tract or parcel of land in Roanoke Rapids Township, Halifax County,
North Carolina, known as the Badger Place, containing, according to the tax lister's books
for Halifax County, 271 acres, more or less, 200 acres of which is listed as cleared land,
25 acres as swamp land, and 46 acres as woods land, which property has been in the possession
of John Armstrong Chaloner for many years, and is bounded on the south by Chocoyotte Creek,
on the north by Roanoke River, and on the east by the lands of P. E. Ransom, W. E. Murphrey
and the property belonging to the various individuals in the settlement known as Hornertown,
the property of W. E. Murphrey and Horner town, formerly being a part of the Pattie Gee Farm,
and on the west by the town of Roanoke Rapids, and is the same land cultivated by John
Matthews for the past few years, which property is located on both sides of the Weldon-Roanoke
Rapids highway, adjacent to the town of Roanoke Rapids. This is the same property as was
conveyed to John Armstrong Chaloner by Bettie W. Badger, by deed dated the 24th day of
February, 1896, and recorded in Book 111, p. 238, public registry for Halifax County, which
property was owned by John Armstrong Chaloner as of May 10th, 1912.

Ten acres of the above tract of land has heretofore been conveyed to the Board of
School Trustees of Roanoke Rapids, by deed recorded in Book 340, p. 537, public registry for
Halifax County, and a strip 25 feet wide was conveyed as a right-of-way to the Seaboard Air
Line Railway by instrument recorded in Book 210, p. 97, public registry for Halifax County,
and a right-of-way was conveyed to the Virginia Electric and Power Company by instrument
recorded in Book 370, p. 525, public registry for Halifax County.

3. Those two lots or parcels of land, located in the Town of Roanoke Rapids,
Halifax County, North Carolina, on the east side of Jefferson Street, fronting each 30 feet
on said Street, and running back the same width between parallel lines 140 feet to an alley,
and shown and designated as Lots Nos. 218 and 220 on the plat of the Town of Roanoke Rapids,
which plat is duly recorded in the public registry for Halifax County. These are the same
lots as were conveyed to John Armstrong Chaloner by Roanoke Rapids Power Company by deed
dated the 28th day of October 1902, and recorded in Book 143, p. 380, public registry for
Halifax County, which property was owned by John Armstrong Chaloner as of May 10th 1912.

MRS. DORA H. GOODWYN ESTATE

In the matter of the settlement of the Estate of Mrs. Dora H. Goodwyn, with reference
to which the Attorney of the University filed a full report at the meeting of this Board held
on the 4th of May 1934, it appearing that little if any progress is being made, and that if

the University can realize a sum in cash in the immediate future it will be much better
than waiting for the ultimate settlement of the estate, it was -

RESOLVED: That the Committee to which this matter was referred, namely, Messrs.
James H. Corbitt, Lewis C. Williams and C. B. Garnett, acting with the Attorney for the
University, be and are hereby authorized to accept any settlement of this estate which will
net the University as much as $7,000.00 in cash.

WILL OF EDWARD J. FOWLKES

Mr. Perkins presented a letter, dated January 28th, 1935, addressed to Mr.
Carruthers, as Bursar, Mr. A. B. Gathright, Treasurer of Virginia, and Hon. A. P. Staples,
Attorney General of Virginia, by Mr. S. H. Williams of Lynchburg. With this letter Mr.
Williams enclosed a copy of the will of the late Edward J. Fowlkes, formerly a resident of
Lynchburg, from which it is seen that Mr. Fowlkes left certain real estate and intangible
property to the late Randolph Harrison, of Lynchburg, as Trustee, to collect rents, issues
and profits, the income to be paid to the University for the education and maintenance of
certain young men of Lynchburg, in Campbell County, as students at the University.

It appears that Mr. Armistead R. Long of Lynchburg was substituted as Trustee under
this will in the place of Mr. Harrison, and that Mr. Samuel H. Williams in turn succeeded
Mr. Long as Trustee under said Will.

This property now consists of some $1800.00 in cash, and a house and lot situated on
the northeast corner of Main Street, in Lynchburg, Virginia. The Trustee is given authority,
in his discretion, to sell the real estate on such terms as he may deem best — "and he shall
deposit the proceeds of such sale or sales in the Treasury of the State of Virginia for the
benefit of the University of Virginia, the income thereof to be applied to the purposes and
objects mentioned" — in the will.

The question has been raised as to the right of the Trustee to pay over the cash now
in his hands and the proceeds from the sale of the real estate, if and when sold, into the
hands of the Treasurer of Virginia in accordance with the terms of the will, or whether, in
view of the provisions of the Act of Assembly, approved February 29th, 1928 (See Acts 1928, p.
343), such funds should be treated as endowment funds and paid directly to the Rector and
Visitors of the University of Virginia.

You are advised that the provisions of Sections 822 and 823, of the Code of Virginia,
1919, expressly provide that funds of this character be deposited in the Treasury of
the State, be invested in bonds or certificates of debit of the State of Virginia, or of the
United States, or any other State thereof, for the benefit of the University, and in such
case the interest or dividends accruing on such stocks, certificates of debt or bonds shall
be paid to The Rector and Visitors of the University, to be applied by them to the purposes
designated by the donor or Testator.

You are further advised that in the opinion of your Attorney the provisions of these
sections of the Code do not prevent endowment funds or gifts being paid directly to the
University under the provisions of the Act of February 29th, 1928, above referred to.

It is my view, therefore, that Mr. Williams, the substituted Trustee under the will
of Edward J. Fowlkes, deceased, may obtain a complete discharge or acquittance of the funds
now in his hands, or which may hereafter come into his hands, by paying these funds either to
the Treasurer of Virginia, to be held by the Treasurer under the provisions of Section 822
and 823 of the Code aforesaid, or by paying said funds over to the Bursar of the University,
to be held by him in accordance with the terms of the Act of February 29th, 1928.

After a full discussion of the situation it is

RESOLVED: That Mr. Samuel H. Williams, substituted Trustee under the will of Mr.
Fowlkes, be, and is hereby, requested, upon settlement of his accounts as Trustee under said
will, to turn the net funds then in his hands, or which may hereafter come into his hands
under the fifth and sixth clauses of the will of said Edward J. Fowlkes over to the Bursar
of The Rector and Visitors of the University of Virginia, and that so far as said The Rector
and Visitors of the University of Virginia is concerned, the receipt of said Bursar to said
Trustee for such funds shall constitute a full and complete acquittance and discharge of
said Trustee from further liability therefor.

VIRGINIA PUBLIC SERVICE COMPANY
RIGHT-OF-WAY

On application of the Virginia Public Service Company for a right-of-way for a
power line through the property of the University, it was

RESOLVED. That subject to the following conditions and limitations, Virginia Public
Company is hereby given the right to erect two poles, with necessary wires, fixtures and
appurtenances thereto, over a portion of the land of the University, described as follows.

"Beginning at a point approximately 3 feet north of U. S. Highway #29, and on the
property line between the Commonwealth of Virginia and the University of Virginia; thence
in a southwesterly direction and adjacent to said Highway a distance of 600 feet, more or
less, to a point approximately 3 feet north of said Highway, and on the property line between
the University of Virginia and John Payne Estate."

It is distinctly understood, however, that this right is granted upon the express
condition that said Company shall remove its said two poles, its wires, fixtures and appurtenances
at any time hereafter, and after thirty days notice in writing, has been given to it
by this Board; the right to build and maintain said power line being limited for such period
as this Board, in its discretion may hereafter fix.

C. G. MAPHIS LOAN

On application by Dr. Charles G. Maphis for a loan of $5500.00, and after a full discussion
of the security offered therefor, it was

RESOLVED: That the University lend Dr. Maphis this amount, taking in evidence thereof
bond of himself and Mrs. Maphis, payable five years after date, with interest at 6%,
payable semi-annually, said bond to be secured by a deed of trust which shall constitute a
first lien on a house and lot on Preston Heights, known as Lot No. 3 in Block 14, a second
lien upon a tract of land near Greenwood, in Albemarle County, containing 100 acres, more

or less, and upon which there is at present a Federal Farm Loan lien of $9300 00; also a
first lien on a small house and lot in Charlottesville, on the Scottsville Road, owned by
Mrs. Maphis.

The Bursar presented a communication from the Directors and Voting Trustees of the
Mortgage Corporation of Virginia addressed to the Rector and Visitors of the University of
Virginia as holder of certain First Mortgage Collateral Trust Bonds of the said corporation,
namely, $12,000 of series IX, $12,500 of series 9X and $500 of series 14X, requesting that
consent be granted the Trustee to change the provision for making distribution of funds received
from time to time to be applied to principal and interest in liquidation of the said
bonds, and further requesting that said Trustee be authorized to apply to maintenance and
liquidation expenses amounts received by it for our account provided such amounts so applied
shall not exceed 10% of the original face amount of said bonds, whereupon the following
motion, duly made and seconded was adopted:

RESOLVED, by The Rector and Visitors of the University of Virginia, That the Rector
be and he is hereby authorized to sign on behalf of The Rector and Visitors of the University
of Virginia the forms of consent referred to in the foregoing preamble, and that the Secretary
is requested to forward same to the First and Merchants National Bank, Trustee, Richmond,
Va.

The Bursar reported that Harold F. Jobe, of Crook, Colorado, to whom was sold the
half section of land located there bequeathed to the University as part of the John W.
Richard Lectureship in Religion, had defaulted on his payments of both principal and interest
since 1930 and that the matter of effecting a settlement or reclaiming the property had been
referred to Sauter and Sandhouse, Attorneys, of Sterling, Colorado, the County seat of Logan
County, that he furnished the papers in the case with the exception of the bonds evidencing
the unpaid purchase price, and that the attorneys had requested the bonds be sent them also
On motion, the Bursar was authorized to comply with the request of the attorneys and forward
the said bonds.

RESOLVED, by The Rector and Visitors of the University of Virginia, That Fred W.
Scott, Rector, and J. L. Newcomb, President are hereby jointly and severally authorized and
empowered to sell and assign any and all United States bonds of any description now or hereafter
registered on the books of the Treasury Department in the name of The Rector and
Visitors of the University of Virginia, or which may now or hereafter be assigned to it.

And it is further

RESOLVED, That any and all assignments of United States bonds registered in the name
of, or assigned to, this corporation heretofore or hereafter made by the above-named officers,
are hereby ratified and confirmed.

The Rector referred to the Board a letter he had received from Charles S. Valentine,
a member of the Chi Phi Fraternity of the University, asking that the annual payments on the
loan made to the Alpha Home Association for the purpose of erecting the chapter house here,
be reduced from $1,000 per annum to $250.00. Consideration of the matter brought out the
fact that in response to a request of the Chapter the Board at its meeting on October 16,
1933, extended the loan for fifteen years from October 18, 1933, with the understanding that
$1,000 per annum be paid on the loan, and that the interest remain at 6% payable semi-annually.
The President stated that one of the local officers of the Alpha Home Association had been
consulted with respect to the request of Mr. Valentine and that the said officer was not in
agreement with the request. On motion, it was voted that the action of the Board at the
meeting of October 16, 1933 be continued.

Upon the recommendation of the President, Captain Norton Pritchett was elected
Director of the Department of Athletics and Physical Training, incumbency to begin with the
session of 1935-36, at the basic salary of $6,500, subject to the reductions now in force
under the laws of the State.

The President stated that the number of students now occupying dormitories was far
less than their capacity and that after consultation with the Deans it was thought wise to
make some changes in the regulations and charges, whereupon he offered the following resolution,
which was adopted:

RESOLVED, by The Rector and Visitors of the University of Virginia, That all first-year
students of the College and of the Department of Engineering be and they are hereby required
to live in the dormitories of the University, unless excused for cause by the Dean of
the University.

Be it further RESOLVED that two older students, to be selected by the Dean of the
University, shall live in each dormitory unit and act as counsellors to the new students,
receiving in compensation therefor remission of their room rent.

And be it lastly RESOLVED that the rent charged to students living in the Halls shall
be at a rate of $250.00 per suite per session.

On motion the meeting then adjourned.