University of Virginia Library


361

At a meeting of the Visitors of the University of Virginia
on the 16th of March 1894 at said University, convened
by the call of three of the Visitors, to wit, Messrs W. C. N.
Randolph, W. Gordon McCabe and Thomas S. Martin, notice of
which was mailed by James D. Jones, Secretary of the Board to
each of the other six Vistiors, to their respective addresses,
more than ten days prior to said date, and which meeting was
held in pursuance of said notice.

Present. Of the Visitors whose commissions expire Feb.
28th 1896, Messrs McCabe, R. W. Martin and T. S. Martin, and
all five of the Visitors recently commissioned by the Governor,
for four years next ensuing the 28th of Feb. 1894, viz,
W. C. N. Randolph, Legh R. Watts, Marshall McCormick, Camm
Patteson and A. C. Gordon.

Absent. Hon. Basil B. Gordon.


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The meeting was called to order by Mr W. Gordon McCabe,
who was requested to preside pending the organization of the
Board.

The five recently commissioned Visitors each presented
official certificates of having been sworn as said officers.
It appears from said certificates, respectively, that,
W. C. N. Randolph qualified in the county court of Albemarle,
Camm Patteson in the county court of Buckingham,
Marshall McCormick in the county court of Clarke,
Legh R. Watts in the Hustings court of Portsmouth, and
A. C. Gordon in the Hustings court of Staunton.

These certificates were received and ordered to be filed.

The chair announced that the next order of business was
the election of a Rector and Secretary.

Dr W. C. N. Randolph was nominated for the office of Rector;
no other nomination was made for the office, a vote was
taken which resulted in his election by a unanimous vote, and
he was declared by the Chairman, as the Rector for the term
of four years next ensuing the 28th of February 1894.

James D. Jones was nominated for the office of Secretary,
and there was no other nomination. A vote was taken which resulted
in a unanimous vote in his favor, and he was declared
by the Chairman, elected for the like term as above. Mr McCabe
then vacated the Chair in favor of the Rector, who took it and
called the Board to order.

The Rector appointed the Standing Committees as follows:

Conduct of Schools and Examination of Students.

Messrs McCabe, A. C. Gordon and Basil B. Gordon.


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Finance.

Messrs T. S. Martin, McCormick and Watts.

Grounds & Buildings.

Messrs McCormick, A. G. Gordon & Watts.

Library & Apparatus.

Messrs Basil B. Gordon, McCabe and Patteson.

Health, Sewerage & Drainage & Infirmary.

Messrs R. W. Martin, Patteson & Basil B. Gordon.

The Executive Committee was elected as follows.

Messrs W. C. N. Randolph, —Rector—, McCabe, T. S. Martin,
Legh R. Watts and A. C. Gordon.

The Rector laid before the Board correspondence which had
taken place between himself and Mr Edward Carroll, son in-law
Mr A. W. Austin, decd, since the last meeting of the Board in
regard to the Austin Estate. The report of Hon. John M. White,
acting as attorney & agent for the University at the request
of the Rector, upon the Securities etc. of the Austin Estate,
Judge White having made a visit to Boston and investigated the
matters thus intrusted to him.

The Rector also laid before the Board and had read, a
report from the Executive Committee of the Board, suggesting
a basis to the Board for the settlement and commutation of the
interests of the legatees under the will of Arthur W. Austin,
decd, said Committee then being composed of W. C. N. Randolph,
chairman, R. G. H. Kean, R. L. Parrish, Thomas S. Martin and
W. Gordon McCabe. On motion the report was received & ordered
to be recorded.


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Said scheme is in the following words and figures, to
wit:

"Proposed scheme of Commutation and Settlement.

The Executive Committee of the Board of Visitors of the
University of Virginia, suggest the following basis of the
settlement and commutation of the interests of the legatees
under the will of Arthur W. Austin, decd, subject to the ratification
of the Rector and Visitors of the University of Va.,-of the
Executor and Trustees under said Will,-and of the proper Court
of record having jurisdiction in the State of Massachusetts, to
make a final and conclusive order in the premises, such ratification
of such court to be obtained by Mrs. Mary Austin Carroll,
at the proper expenses.

1. The Executor and Trustee to retain and invest a sufficient
sum to provide for existing annuities (if any) to special legatees,
other than children of the testator. The sums so retained
to be paid over to the University of Virginia, in absolute estate;
when the lives of the said annuitants fall in.

2. An additional sum, say Ten Thousand Dollars, to be invested
in the Massachusetts Hospital Life Insurance Company in a manner
similar to the investments made by the testator in his life time,
so as to make the income from the $80,000, already so invested,
up to the sum of $3,600. per annum, as a provision for the children
of the testator, the respective interests of Florence and
Henry Austin to be payable as directed by the Will, and that of
Mrs Carroll as she may desire, (which is understood to be, that
she proposes to surrender and release her portion—$1200—of


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said income to said Florence and Henry, in proportions of
$800. to Florence, and $400. to Henry, so that they shall
respectively receive, Florence $2000., Henry $1600., and
Mrs Carroll herself, nothing). Said annuitants, Florence
and Henry Austin, to unite in the compromise, and agree in
consideration thereof, to accept this investment in full,
and to release the estate of the testator, and the University
of Virginia, from any further liability to them.

3. The residue of the Estate collected and in the hands of
the Executor and the Trustee to be equally divided between
Mrs. Carroll & the University of Virginia, without unnecessary
delay, such division to be made as of the 1st day of
January 1894 as follows:-

(a) The stocks and public bonds to be equally divided in
kind, so far as practicable.

(b) The mortgages, notes, and any odd shares of stock, or
bonds, to be appraised by three competent and disinterested
persons, mutually agreed on, or selected by the court which
may deal with this subject, and be by these divided and arranged
into two equal parcels or lists, having regard to market
value at the time of such division, to be alloted, by lot:
one to Mrs Carroll and the other to the University of Virginia.

4. The moiety to be assigned to Mrs Carroll to be her absolute
estate, and the moiety to be assigned to the Rector and
Visitors of the University of Virginia to be the absolute
property of said Corporation. Each moiety to carry interest
accruing thereon, from and after the 1st day of January 1894.


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5. The sums retained (clause # 1) and any other funds which
may come to the hands of the Executor, from unadministered
funds, to be paid over to the Rector and Visitors of the University
of Virginia, as the same shall become available, and

6. The $90,000.00 invested in the Massachusetts Hospital
Life Insurance Company, to be the absolute property of the
Rector and Visitors of the University of Virginia, in remainder
after the lapse of the lives of Florence Austin and
Henry Austin, respectively—and to be paid over accordingly.

7. The sanction and approval of such Court as is mentioned
above is to be obtained by Mrs Carroll, within twelve months
from the date of the approval hereof by the Rector and Visitors
of the University of Virginia, and during the life time
of Mrs Carroll: it being expressly understood, that if Mrs
Carroll should die before the arrangement is fully consummated
in every respect, nothing herein contained shall be construed
in any wise to interfere with the right of the University of
Virginia to succeed to the whole estate in remainder according
to the provisions of the said Will.

A proper form of contract of compromise and agreement to
be prepared and executed by all parties in any wise interested,
including the Executor and Trustee under said will, and each
of the annuitants, as well as Mrs Carroll, and the Rector and
Visitors of the University of Virginia."

"W. C. N. Randolph, Ch'man Ex. Committee
R. G. H. Kean, Member Ex. Committee
R. L. Parrish, Member Ex. Committee
Thomas S. Martin, Member Ex. Committee,"

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"I respectfully dissent from the above for reasons already
stated. I am opposed to any compromise of the bequest.
If I agreed to any, the above strikes me as the best for all
parties. But I do not favor any."

W. Gordon McCabe,
Member Ex. Committee."

The Chairman of the Faculty laid before the Board the
following communications:

1. Report of the Medical Faculty of the University of Virginia
on the present condition & needs of its Medical Department.

2. Report of the Board of Health.

3. Report of Estimated Cost of an Electric plant.

4. Correspondence with the Boarding house Keepers Mrs. Gunther,
and Mr Elsom.

5. Report of Superintendent of Grounds & Buildings of estimated
costs of repairs to the Public Hall, and the Medical
Building.

6. Application of Mrs Towles for the opening of a public
road through the University grounds. &c

The Board after considering the question of commuting the
Austin legacy on the basis suggested by the Executive Committee
to the Board, adopted the following resolution by a vote of 5
in favor to 3 against it, viz in favor of the resolution -
Messrs Randolph, Rector, McCormick, Patteson, T. S. Martin,
and A. C. Gordon against Messrs McCabe, R. W. Martin & Watts.

Resolved, that the Commutation of the A. W. Austin legacy
on the basis suggested by a majority of the Executive Committee


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of the University of Virginia is hereby approved by the Board
of Visitors, and the said Executive Committee is authorized
to consummate and carry the same into effect if agreed to by
the other parties interested.

The following in respect to the Austin Estate was adopted
by a unanimous vote:

The Rector having submitted to the Board the correspondence
between himself, the representative of the present trustee
of the Austin Estate, and Mr & Mrs Carroll and their representative,
in reference to a change in the trusteeship on account
of the failing strength of the present trustee:

It is resolved,

1st That the course of the Rector in refusing to consent to
any change till after consultation with the present trustee,
whose management of the Estate seems to have been wise and
faithful, is approved.

2nd That the Rector and Executive Committee be instructed to
take such steps as in their judgment may be necessary to protect
the interests of the University in respect to any change
in the trusteeship, a good trust company, in the opinion of
the Board being preferable as trustee to any natural person.

Resolved, that the recommendation of the Board of Visitors,
passed at the meeting, July 20th 1893, that Profr W.
Howard Perkinson be granted leave of absence during the session
of 1894-95, for the purpose of perfecting his knowledge
of the languages in his Department by studying in France &
Germany, provided that he secure at his own expense a substitute
in his Department, acceptable to the Board, be & is hereby


369

approved, & that the leave of absence for the time specified
be granted to Profr Perkinson.

Resolved that the report of the Board of Health be returned
to the Faculty of the University with the request that
they recommend some remedy for the evil suggested in the said
report.

Resolved that the bill for the payment of $125.00 for the
entertainment of the Legislative Committee is hereby allowed
and directed to be paid.

The Rector having laid before the Visitors some correspondence
with the Hotel Keepers together with a communication
from the Chairman of the Faculty with respect to the regulations
recently adopted by the faculty for the care of the
students dormitories, it is,

Resolved, that hereafter every student occupying a room
by himself shall be charged $1.50 each month and two students
occupying the same room $1.00 each per month for the care,
cleaning, inspecting of and attention to their rooms, provided
the said new regulations are insisted upon by the students.

In accordance with the recommendation of the faculty report
dated Nov. 30th, 1893, it is

Resolved that the Miller Scholarships be increased to
two,- one to be given each year and to be tenable for for two
years upon Competitive examination on the terms prescribed in
the last catalogue. These in addition to a scholarship the
nomination to which has been given to the Superintendent of
the Miller School.


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Resolved, that the fees in the Medical Department be readjusted
according to the following scale-

First Year - Chemistry $25.00, Anatomy $35.00, Biology $35.00,
Physiology $25.00. Total $120.00

Second Year - Hygiene $10.00, Obstetrics & Gynecology $20.00,
Practice $20.00, Pathology $10.00, Surgery $20.00, Materia
Medica $20.00, Clinic $10.00, Medical Jurisprudence $10.00.
Total $120.00.

The Medical Faculty this day submitted a report in reference
to the reorganization of the Medical School an extract
from which is in the following words and figures, viz.

Report to the Rector and Board of Visitors of the University
of Virginia on the present condition and needs of the
Medical Department of the University.

A report of the character indicated by the above heading
having been called for by the Rector, the following views
and suggestions of the Professors in the Department of Medicine
is submitted to the Faculty to be forwarded to the Board.
1st It is desirable that, before the Chair of Anatomy be permanently
filled, some redistribution of subjects be made in
certain of the schools, in order to secure a more rational
connection between the subjects taught in each of these. It
would be well that

  • (a). The chair hitherto known as that of "Anatomy and
    Materia Medica" be hereafter designated the chair of Anatomy
    and Surgery", and that under the latter head regional
    anatomy
    and operative surgery be taught.—


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  • (b)-The Chair hitherto known as that of "Physiology and Surgery"
    be hereafter designated the Chair of "Physiology and
    Therapeutics", and that under the latter head be taught the
    subject of Materia Medica as hitherto understood, and that

  • (c)-there be established, if possible, "Adjunct Professorship"
    of Pathology and Hygiene", to which shall be assigned
    the didactic and laboratory teaching of Pathology and hygiene
    (at present attached to the Chairs of Surgery and the Practice
    of Medicine), the proposed Adjunct Professor becoming responsible
    for the laboratory portion of the teaching in histology
    and bacteriology.

2nd In filling the Chair of Anatomy (either as at present constituted,
or with the proposed modification), and the proposed
Adjunct Professorship of Pathology and Hygiene (if established),
it is suggested as both desirable and important that due notice
of the vacancy or vacancies be given by public advertisement,
following in this respect the usual practice of the University,
in order that open competition may as far as possible secure
the candidacy of the best men available.

3d If the suggestion of an Adjunct Professor for Pathology
and Hygiene be adopted there will be entailed an addition to
the charges on the University funds of $1500.00 a year as salary
for such Adjunct Professor.

It is assumed that for the salary ($1000.00) at present
paid an Assistant to the Chair of Physiology and Medical Biology
(jointly) a competent assistant can be secured for the
Chair of Medical Biology and the Adjunct Professorship of Pathology
and Hygiene (jointly), so that no additional expense need
be counted on in this direction.


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Thereupon, it is resolved

1st That the recommendations aforesaid be and the same are
hereby adopted and the Medical School be reorganized in accordance
with said recommendations, to take effect with the
commencement of the next session.

2nd That the Chairman of the Faculty be requested to advertise
at once in accordance with the usage heretofore prevailing
in such matters, for applicants for the position of Anatomy
and Surgery, and the position of Adjunct Professor of
Pathology and Hygiene, such, such applications to be filed
before the Board at its next meeting.

3d That the Faculty be requested to appoint a Committee
whose duty it shall be, in conjunction with the Executive
Committee of the Board to make such enquiry as may be deemed
necessary as to any applicants for either of said positions
for the information of the Board.

Resolved, that $14700 be appropriated for repairs to the
Public Hall and that the sum of $150.00 expended by order of
the Rector upon the Medical Hall, in addition to the sum heretofore
appropriated therefor, be approved and allowed.

Resolved, that the account of Profr W. M. Thornton amounting
to $52.60 for his expenses in attending to the interests
of the University before the Legislature during its recent session,
be allowed, and that the same be paid by the Proctor to
Profr Thornton.

In accordance with the request of Mrs Leita M. Kent, it is

Resolved, that it will be agreeable to the Board to receive
the interest on her obligation to the University semiannually


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on the 1st of February and the 1st of August instead
of annually as heretofore.

Mr. T. S. Martin offered the following preamble and resolutions,
which were seconded:

The Medical Faculty having brought to the attention of
the Board the recent change of name of the new Medical College
at Richmond, Va, in such a manner as to do injustice to
the University, it is resolved,

1st That the consideration of said matter be postponed to the
next meeting of the Board.

2nd That it is the judgment of the Board that no notice should
be taken in our Catalogue of said new College, its name or its
methods.

Mr McCabe moved as a substitute for the foregoing the following
resolution, which met with a second;

Resolved that the following announcement be made in the
Catalogue of the University of Va for 1893-94.

The Medical Department of the University of Va is not to
be confounded with the recently incorporated "University College
of Medicine" at Richmond Va.

The vote was taken on the substitute first and it was defeated
by vote of 3 in favor to 5 against it, viz,

Ayes- the Rector and Messrs McCabe and Patteson.

Nos- Messrs McCormick, Watts, T. S. Martin, R. W. Martin
and A. C. Gordon.

The previous question was then called and the vote taken
on the original resolutions and resulted in their adoption.


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Resolved that hereafter the Proctor shall not require
Students to pay more than one months board in advance at a
time, but any student may, if he choses, pay three months
in advance.

On motion of Mr Patteson. Resolved that the funds of
the University shall be deposited in as nearly equal a manner
as is practicable in the Bank of Albemarle and the People's
National Bank, a bond of indemnity to be required from both
banks in the same amount.

This resolution is not to take effect until the close of
the present session.

On motion the consideration of Mrs Towles' application
for opening a public road through the University grounds, and
Profr Thornton's suggestion & Estimate for an Electric plant
for lighting etc. was postponed to the next meeting of the
Board.

On motion the Board adjourned sine die.

W. C. N. Randolph
Rector
Jas D. Jones,
Secretary.