University of Virginia Library


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RESOLUTION NO. 4

ACCEPTING OFFERS OF WILMINGTON TRUST COMPANY AND OF SCOTT & STRINGFELLOW TO
PURCHASE SAID BONDS, AND PROVIDING FOR EXECUTION, AWARD AND DELIVERY OF SAID BONDS.

An offer, in writing, of Wilmington Trust Company, as Trustee, under agreement
with Philip F. duPont, dated January 21st, 1927, to purchase four hundred thousand dollars
($400,000) face value of said bonds at par and accrued interest to date of payment
therefor, which offer is dated June 24, 1936, and an offer in writing of Scott & Stringfellow
to purchase one hundred and twenty-three thousand dollars ($123,000) face value
of said bonds at par and accrued interest to date of payment therefor, which offer is
dated June 26, 1936, were then presented to the meeting, and each of said offers was
read and the terms thereof considered in detail, said offers being in the following terms:

OFFER OF WILMINGTON TRUST COMPANY

I certify that the following is a true and correct copy of a certain
Resolution adopted by the Trust Estates Committee of the Board of Directors
of the Wilmington Trust Company, a Delaware corporation, at a special meeting
duly called for that purpose on June 24, 1936, at 4,30 o'clock P. M., at shich
a quorum was present.

RESOLVED, that the Wilmington Trust Company, as Trustee under
agreement with Philip F. duPont, dated January 21, 1927, subscribe
at par and accrued interest, upon the conditions hereinafter set
forth, to $2,00,000 face value of 4% 30-year serial special revenue
bonds, to be issued by The Rector and Visitors of The University of
Virginia under the provisions of Chapter 49 of certain Acts pertaining
to the National Recovery program enacted at the Special Session
of the General Assembly of Virginia in 1933, the proceeds of said
bonds to be applied for the erection of a new library building for the
University of Virginia. The said subscription is and shall be on condition
that the Federal Emergency Administration of Public Works of
the United States make a grant of $427,909 for the construction of
said library building. The said $400,000 face value of said bonds to
be purchased and paid for by said Trustee when, as, and it said library
building shall have been completed and paid for, and immediately upon
the submission to said Trustee of satisfactory evidence of such completion
and apyment. The said subscription shall be conditioned upon
the terms and conditions of the bonds, the agreement or indenture securing
the bonds, resolutions authorizing the same, convenants and
provisions with respect to insurance upon the library building, and
any supplementary documents, papers and instruments deemed necessary
or desirable, being in form and substance acceptable to counsel for
Wilmington Trust Company.

IN WITNESS WHEREOF, I have caused the seal of the Wilmington Trust Company
to be affixed this 30th day of June, A. D., Nineteen Hundred and Thirty-six (1936)

(Signed) A. W. Birch
Assistant Secretary.
illustration[Description: (SEAL)]

OFFER OF SCOTT & STRINGFELLOW

Dr. J. L. Newcomb, President
University of Virginia
University, Virginia.
Dear Sir:

We hereby agree to subscribe at par, upon the conditions
hereinafter set forth, to $123,000.00 face value of a proposed bond
issue of $523,000 par value 4% 30-year serial Special Revenue Bonds
to be issued by the Rector and Visitors of the University of Virginia,
under the provisions of Chapter 49 of Certain Acts pertaining
to the National Recovery Program, enacted at the Special Session of
the General Assembly of Virginia of 1933, and any amendments or extensions
thereof, proceeds of said bonds to be applied to ward the
erection of a new Library Building for the University of Virginia.

This subscription is made upon the condition that the
Federal Emergency Administration of Public Works of the United
States makes a grant of $427,909 for the construction of sais Library
Building.

The said subscription is further conditioned upon the terms
and conditions of the said bonds, the agreement or indenture providing
for the payment of principal and interest thereon, resolutions of the
Board of Visitors of the University of Virginia authorizing the same,
and any supplementary coduments, papers and instruments deemed necessary
or desirable being in form and substance acceptable to our counsel.

Very truly yours,
(Signed) Scott & Stringfellow

252

It was thereupon

RESOLVED: That each of said offers be, and each is hereby accepted by this
Board in the forms respectively submitted and set out in the preamble to this Resolution,
that said offers in the original form submitted to this meeting shall be filed in the
office of the Bursar; that the foregoing Resolutions designated upon the minutes of this
meeting as Numbers 2, 3 and 4, together with said two offers, are hereby declared to
make up and constitute a contract between this Institution and the holders of said bonds
which shall be as binding upon this Institution and upon said bondholders as though all
the terms and conditions of said Resolutions and of said offers to purchase had been embodied
in a separate agreement properly executed and delivered.

And J. L. Newcomb, President of the Institution, is hereby authorized and empowered
to execute said bonds in the name and on behalf of The Rector and Visitors of
the University of Virginia, and E. I. Carruthers, Secretary of the Board of Visitors, is
hereby authorized and empowered to affix the seal of the Institution to each of said
bonds, and to attest the same.

And said E. I. Carruthers, Bursar, is further authorized and empowered to cause
the coupons annexed to said bonds to be authenticated by the facsimile of his signature,
as Bursar, and the President or Bursar is hereby authorized and directed to deliver said
bonds to the purhcasers thereof upon receipt of payment therefor, in accordance with
the terms of the foregoing Resolutions and offers, said bonds being hereby awarded as
follows:

Wilmington Trust Company to have:

                   
Bonds Nos.  1- 12  Aggregating  $ 12,000.00 
Bonds Nos.  25- 36  Aggregating  12,000.00 
Bonds Nos.  49- 60  Aggregating  12,000.00 
Bonds Nos.  77- 92  Aggregating  16,000.00 
Bonds Nos.  109-124  Aggregating  16,000.00 
Bonds Nos.  141-156  Aggregating  16,000.00 
Bonds Nos.  175-192  Aggregating  18,000.00 
Bonds Nos.  211-228  Aggregating  18,000.00 
Bonds Nos.  244-523  Aggregating  280,000.00 
$ 400,000.00 

Scott & Stringfellow to have.

                 
Bonds Nos.  13- 24  Aggregating  $ 12,000.00 
Bonds Nos.  37- 48  Aggregating  12,000.00 
Bonds Nos.  61- 76  Aggregating  16,000.00 
Bonds Nos.  93-108  Aggregating  16,000.00 
Bonds Nos.  125-140  Aggregating  16,000.00 
Bonds Nos.  157-174  Aggregating  18,000.00 
Bonds Nos.  193-210  Aggregating  18,000.00 
Bonds Nos.  229-243  Aggregating  15,000.00 
$ 123,000.00 

The foregoing Resolutions Nos. 2, 3 and 4 were read in full to said meeting
and discussed.

The Rector thereupon stated that said Resolutions Nos. 2, 3 and 4, together
with copies of said offers of Wilmington Trust Company and of Scott and Stringfellow, to
purchase said bonds have been presented to the Governor, and have been examined and
approved by him. A certificate setting forth this fact, and signed by Honorable George
C. Peery, Governor of the Commonwealth of Virginia, was then presented to the meeting
and ordered to be filed as a part of the minutes of this meeting.

Mr. Corbitt thereupon moved the adoption of said Resolutions Nos. 2, 3 and 4.
The motion was seconded by Mr. Stuart, and said Resolutions were adopted by the following
vote

Ayes: Mrssrs. Scott, Corbitt, Rinehart, Lewis Williams, Garnett, Gray Williams,
Stuart and Mrs. Munford.

Nays: None

The President then stated to the meeting that he had been requested by Governor
Peery to ask that the following Resolutions also be adopted.

(a) RESOLVED that no request will be made for an appropriation from the State
of Virginia for the payment of any expenses incurred in equipping or maintaining the said
project, or in providing the funds required for liquidating the indebtedness incurred for
the erection or equipment, thereof. The word "maintaining", as used in this resolution,
shall be construed in accordance with the provisions of paragraph (b) of Section 5 of
the foregoing Resolution No. 2, without application of the time limit as expresses therein.

(b) And be it further

RESOLVED that all fees and charges derived from the project shall be paid into
the State Treasury, to the credit of the University of Virginia, for expenditure for the
purposes expressed in the foregoing Resolutions Nos. 2, 3 and 4.

Said Resolutions, being read and considered, Mr. Garnett, thereupon, moved
that they be adopted, whidh motion was seconded by Mr. R. G. Williams, and said Resolutions
were thereupon adopted by the following vote.

Ayes: Messrs. Scott, Corbitt, Rinehart, Lewis Williams, Garnett, Gray Williams,
Stuart and Mrs. Munford.

Nays: None


253

The following motion with respect to procedure necessary to establish the legality of the
New Library Bonds was adopted:

RESOLVED, that the Rector be and he is hereby authorized to apply through the
attorney for the Rector and Board of Visitors, to any court with proper jurisdiction to
pass upon the power of the Rector and Board of Visitors to borrow money under the provisions
of the Act of 1933, Ch. 49, p. 83 as amended by Act of 1936, Ch. 123, p. 212,
from any source other than an agency of the United States and to issue bonds therefor.

The President made the following announcements:

         
Attendance as of October 22, 1936  2533 
Summer session 1936 (net)  1307 
Extension Division  1331 
Nurses' Training School  175 
Total  5346 

Gifts:

 
From the late Mrs. Laura Carter Stitt,  $2,500.00. 

Death of Dr. A. McLaren White, Associate Professor of Chemical
Engineering caused the adoption of the following resolution.

RESOLVED, by the Rector and Visitors of the University of
Virginia that they hear with profound regret of the untimely death
on September 23, 1936, of Dr. A. McLaren white, who had been elected
Associate Professor of Chemical Engineering, but died before beginning
his duties at the University of Virginia.

On recommendation of the President, the following were voted

Leave of absence was granted George B. Zehmer, Associate Professor
of Education and Director of Extension, from November 1, 1936 to June
15, 1937, without salary, to study abroad on a General Education Board
Fellowship.

Appointment of John A. Rorer, Associate Professor of Extension,
Acting Director of Extension from November 1, 1936 to June 15, 1937,
with an increase in his salary of $100 per month for said period.

The resignation of Dr. Albert Eugene Casey, Associate Professor of
Pathology was accepted with regret.

Elections:

  • Dr. Robert Dewey Hollowell was elected Associate Professor of Preventive
    Medicine at a base salary of $1,500.00.

  • Dr. William N. Weaver was elected Instructor in Pathology for the session
    of 1936-37, at a flat salary of $1,500.00 for the session.

Promotions:

  • Dr. J. K. Scott was promoted from Instructor to Assistant Professor of
    Pathology, at a base salary of $2,800.00 for the session of 1936-37.

  • The salary of Dr. F. W. Foote, Instructor in Pathology, was increased
    from $1,000.00 to a base salary of $1,900.00 for the session of 1936-37.

The President presented to the Board the fire emergency existing in connection with the
old non-fireproof group of hospital buildings. After consideration of the matter, it was

RESOLVED, that the sum of $17,500 authorized by the Governor as a loan for the
installation of the Sprinkler System in the old Hospital Group be and the same is hereby
approved, and this sum is authorized to be expended for the purpose of the installation
of a sprinkler system and the necessary extension of the water mains connected therewith.

The President advised the Board that the University and the Theological Seminary in Virginia
jointly owned a residence, property bequeathed to the two institutions by Dr. Wm.
H. McKim, and that he had received an inquiry as to a sale price of the property. Following
a very thorough investigation of the matter by the authorities of the Seminary, it
had been decided to accept $5,500 for the said property. The President recommended the
following resolution, which was adopted.

RESOLVED, that we accept the proposal of the Theological Seminary in Virginia
to offer the house located 1005 North Calvert Street, Baltimore, and jointly owned by
the Theological Seminary and the University of Virginia at a price of $5,500, and be it

FURTHER RESOLVED, that if the sale is effected the Rector of the University be
and he is hereby authorized to execute deed on behalf of the Rector and Visitors.

The President read a proposed lease between Little Stony Game and Fisk Preserve, Incorporated,
a Virginia Corporation, and the Rector and Visitors of the University of Virginia,
whereby the party of the first part leases unto the party of the second part a tract of
land Situated in Giles County, Virginia, about one mile northeastward from Mountain Lake,
containing five hundred and seventy-three acres, more or less, for a period of 50 years,
to be used as a site for an establishment to be devoted exclusively to the promotion of
science and education, in connection with the University's Mountain Lake Biological Station.
The said lease is without cost to the University. The proposed lease was approved,
and the Rector and the Secretary authorized to execute the same on behalf of the University.

The President presented a letter from The Lawrenceville Baptist Church requesting that the
rate of interest on its loan of $5,150.00, which came to the University from the Dr. Walter
M. Seward Estate, be reduced from 6% to 5%. On motion, the reduction in interest was
made, effective October 1, 1936.

The President advised the Board that the Delta Chi Fraternity, to which the University
made a loan of $9,000 in 1923, had not only defaulted on its principal payments on said
debt, but had also defaulted on its interest since April 1, 1935, which to October 1, 1936


254

amounts to $510.00 and also that the University had been obliged to pay the fire insurance
premium of $60.80, making a total obligation of $9,570.80 to October 1, 1936. Furthermore,
that the Fraternity had abandoned the property and delivered the key thereto to the University.
On motion, the President was authorized to take such action as may be proper to
protect the interest of the University in the matter.

The following motion by Mr. Stuart was adopted:

RESOLVED, that the President of the University be requested to furnish the Board
at an early date with information as to the number of law graduates of the University who
have taken the Virginia State Bar Examination and the number who passed this examination
during the ten years last past, giving separate figures for each examination, and separately
the like figures for law students of the University who were not graduates.

The following motion in re: bids for excavation and footings for nee library building,
was adopted:

RESOLVED, that the action of the New Buildings Committee in heretofore advertising
for separate bids for the excavation and footing for foundation of the New Library
Building, be, and is hereby ratified and approved.

The President submitted a list of Negroes qualified to enter the University who had made
application since the last meeting of the Board and been denied admission, showing 29
individuals with grant allowances of $1,675.35.

The applications of the persons, or applicants whose names are set out below
having been considered by the Board, it is Resolved and ordered that said applicants be
and they are hereby denied admission to the University of Virginia.

                                                             
NAME  RESIDENCE  INSTITUTION  AMOUNT 
Alston, George T.  Norfolk  Howard  50.00 
Barksdale, Bessie C.  South Boston  U. Mich.  56.85 
Brooks, Lyman B.  Blakes  U. Mich.  56.85 
Cavell, W. W.  Richmond  U. Mich.  56.85 
Claytor, John B.  Roanoke  Meharry M. C.  50.00 
Cox, Frances Catherine  Ettrick  Columbia  75.00 
Davis, Arthur P.  Richmond  Columbia  75.00 
Duiguid, Wm. Sherwood  Lynchburg  Howard  50.00 
Foster, R. W.  Richmond  U. Mich.  56.85 
Griggs, Jesse P.  Va. Beach  Indiana U.  50.00 
Henderson, Annie V.  Richmond  U. Mich  56.85 
Jeffreys, Richard L.  Chase City  U. Mich.  56.85 
Jeffries, L. F.  Richmond  U. Chicago  50.00 
King, Montgomery W.  Buckroe Beach  Howard  50.00 
Lockett, John L.  Ettrick  Rutgers U.  75.00 
Martin, Matrin A.  Danville  Howard  50.00 
Meekins, William R.  Hampton  Howard  50.00 
Palmer, Edward Nelson  Newport News  U. Mich.  56.85 
Pleasants, Alfred W.  Lexington  Meharry M. C.  50.00 
Pretlow, Jocelyn C.  Smithfield  Columbia  75.00 
Robinson, Selena B.  Ettrick  U. Penna.  75.00 
Robinson, Spottswood W.  Richmond  Howard  50.00 
Smith, Ola Margretia  Richmond  U. Mich.  56.85 
Smithy, Woodrow Wilson  Norfolk  U. Mich.  56.85 
Spiller, William Michael  Norfolk  U. Mich.  56.85 
Tidline, Nellie Frances  Richmond  Cornell  75.00 
Waddy, Joseph Cornelius  Louisa  Howard  50.00 
Watman, Charles J., Jr.  Ettrick  Atlanta U.  50.00 
Wingo, D. C.  Amelia C. H.  U. Mich.  56.85 
Total  $1675.35 

And it appearing to the satisfaction of the Board that the persons or applicants
above named are bona fide residents and citizens of Virginia, that they possess the qualifications
of health, character, ability and preparatory education customarily required for
admission to the University of Virginia, that they are unable to obtain from any Virginia
State College, State University, or other State Institution, educational facilities equal
to those here applied for, and that such equal educational facilities can be provided and
furnished to said applicants by other colleges, universities and institutions not operated
as an agency or institution of the State of Virginia, it is further resolved and ordered
that, out of the funds appropriated by the State to the University of Virginia, said University do pay to said applicants, severally, or to the institution or institutions
attended by the, as and when needed, such sums, if any, as may be necessary to supplement
the amount which it would cost said applicants to attend the University of Virginia, said
payment to be made pursuant to the authority vested in this Board by the provisions of
chapter 352 of the Acts of the General Assembly of 1936 (Acts 1936, p. 561.). And there
is hereby appropriated for scholarships the amount of money set opposite the name of
each of the above applicants.

On motion the meeting was adjourned.

C. Harding Walker
RECTOR.
E. I. Carruthersa
SECRETARY.