University of Virginia Library


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At a meeting of the Board of Visitors of the University
of Virginia held on the 23d of April, 1897, on the call of the
Rector.

Present, the Rector and all eight of the Visitors.

The Rector, after calling the Board to order, feelingly
announced the death of Major Green Peyton, the Proctor of the
University, which occurred at his residence here on the 17th
inst. after an illness of some weeks.

On motion the following resolution was adopted:

Resolved, that a committee, consisting of Messrs A. C. Gordon,
chairman, W. C. N. Randolph and Marshall McCormick, be and
they are hereby appointed to prepare suitable resolutions in
relation to the death of Major Green Peyton, late Proctor of
this University.


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On motion the Board decided to go into the election of
a Proctor, and thereupon Mr Gordon offered the following
resolutions which were adopted:

Resolved, that the Offices of Proctor and Superintendent
of Grounds and Buildings be consolidated; that the salary of
the Proctor and Superintendent shall be two thousand dollars
($2000.00), per annum and a house; that he be allowed temporarily,
a clerk at a salary not to exceed $50.00 per month, when
actually employed, said Clerk to be appointed by him with the
advice and consent of the Visitors or of the Executive Committee;
whenever the Visitors or the Executive Committee shall
deem the services of such a clerk necessary: and that said
Proctor and Superintendent of Grounds and Buildings shall discharge
the duties of both offices as they have heretofore
existed under the laws of this University.

Resolved, that this resolution shall go into effect on
the 15th day of September 1897.

The Rector announced that nominations were in order for
filling the Offices of Proctor and Superintendent of Grounds
and Buildings provided for in the foregoing resolutions. thereupon

Mr McCormick presented the name of Mr Wm D. Cabell and stated
that he did so by request but would vote vote for him.

Mr McCormick then nominated Col Thomas H. Carter, which was
seconded by Mr Watts.

Mr Patteson nominated Hon. J. Thompson Brown, which was seconded
by Mr McIlwaine.

Dr Randolph nominated Mr. Robert Robertson.


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Mr Harmon nominated Mr C. D. Fishburne.

Mr Irvine nominated Mr R. M. Preston.

Mr. Gordon nominated Mr T. L. Roper Jr.

No other nominations being made a vote was then called for,
by ayes and nos and was so ordered, and on a call of the roll
the vote stood as follows:

           
For Carter - Messrs McCormick, Watts & Bryan.  3 votes 
For Brown - Messrs Patteson & McIlwaine.  2 votes 
For Robertson - Dr Randolph  1 votes 
For Fishburne - Mr. Harmon.  1 votes 
For Roper - Mr. Gordon  1 votes 
For Preston - Mr. Irvine.  1 votes 

The Rector announced that there was no election, none of
the nominees receiving a majority of votes, and ordered a second
call of the roll which was had with the following result:

       
Votes 
For Carter - Messrs McCormick, Watts, Bryan, Gordon,
Irvine & McIlwaine - 
For Robertson - Messrs Randolph & Harmon. 
For Brown Mr Patteson. 

Col Thomas H. Carter having received 6 of the 9 votes was declared
elected, Proctor and Superintendent of Grounds and
Buildings of this University to take effect on the 15th day of
September 1897 as provided above.

On motion of Mr McIlwaine the election of Col Carter was
made unanimous.

On motion Col Thomas H. Carter was elected temporary
Proctor to act as such until the 15th day of September next,
1897.


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On motion of Mr Harmon,

Resolved, that the Bond of the Proctor be fixed at
$50,000.00 with the usual conditions, to be approved by the
attorney for the Board and that the University pay the cost
of said bond.

Resolved, that the Proctor pay Mr Mann S. Quarles the
sum of $52.00 being amount of account rendered by him for
his expenses of a trip to Baltimore and New York City to
"negotiate for money to carry on building contract".

On motion of Mr McIlwaine the following in reference to
Col Mosby was unanimously addopted:

Whereas this Board has just heard with profound regret
of the serious accident which has just happened to Col John
S. Mosby within the bounds of the University of Virginia.

Resolved, that we deplore his misfortune and trust that
a kind Providence will soon restore him to perfect health and
strength, and the use of the Infirmary is hereby tendered to
Col Mosby and his daughters so long as they need it.

Mr Harmon offered the following preamble and resolution
and moved the addoption of the same:

Whereas McKim, Meade & White, the Architects in charge
of the work of the University have, in response to resolutions
of the Executive Committee adopted April 3d 1897, furnished
the two following statements, showing that the amount
necessary to complete the buildings under the contract with
C. E. Langley & Co is $92,518.55, according to the claim of
Langley & Co, which however includes certain items of Extra
work which are in dispute and not conceded, and that the


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amount actually necessary to complete the work will not ex-
ceed $89,438.69, which said statements are as follows:

Needed to finish according to Langley & Co.

                                         

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March 1st April 8th 
Rotunda,  $24,235.75 
Less application,  2,890.00  $ 21,345.75 
Academical,  40,417.70 
Less application,  5,356.81  35,060.89 
Physical,  14,295.00 
Less application,  510.00  13,785.00 
Mechanical,  19,165.80 
Less application,  850.10  18,315.70 
Boiler house  4,011.21  4,011.21 
$ 92,518.55 
The University of Virginia:
Amount to complete 
To pay if all claims approved
and work completed
as now ordered: 
Rotunda: contract,  $109,058.00 
Estimate bills,  1,574.44 
Claimed extras in excess of
allowed credits, 
7,279.64 
117,912.08 
Certified on contract &
bills 
81,719.35  $ 36,192.73 
Academical: Contract,  78,484.00 
Estimate bills,  40.00 
Additions,  13,801.88 
Claims,  746.79  58,601.87 
Physical: contract,  33,938.00 
Estimate bills,  327.00 
Additions,  2,260.64 
Claims,  2,304.07 
38,829.71 
Certifd on Contracts & bills  24,666.91  14,162.80 
Mechanical: contract,  39,460.00 
Estimate bills,  230.35 
Additions,  2,297.82 
Claims,  865.72 
42,853.89 
Certifd on contract & bills  21,496.90  21,356.99 
Boiler house: contract  8,500.00 
Additons  1,275.00 
9,775.00 
Certified on contract,  5,763.79  4,011.21 
$134,315.60 

Langley applications, Ap1 8th:

         
Rotunda,  $ 2,890.00 
Academical,  5,356.81 
Physical,  510.00 
Mechanical,  850.10  9,606.91 
$124,718.69 

University has advanced.

       
Cash,  $11,500.00 
Cash,  13,500.00 
Materials,  10,280.00 
$35,280.00 

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And whereas there may be due the contractors upon completion
of the buildings more than the larger amounts named, therefore,

Resolved, that the Building Committee is hereby authorized
to make an agreement with Langley & Co, the contractors for the
University buildings to the effect that all future payments on
the contract shall be made by warrants drawn by said Langley &
Co and approved by the superintendent of Grounds & Buildings,
after having been certified by the Architects, and until the
buildings are finally completed and accepted that such payments
and warrants shall be made only for current pay rolls and to
other parties doing work and furnishing materials for work hereafter
done and materials hereafter furnished.

Mr McIlwaine offered the following as an amendment to Mr
Harmon's resolution:

Provided, however, that by this action it is not intended
in anywise to release the Supervising architects from any liability
arising out of their having given certificates for the
payment of more money to the said contractors than they were
entitled to under their contract.

Mr McCormick offered the following as a substitue for
McIlwaine's admendment to Mr Harmon's resolution the following:

Provided, however this resolution is not intended in anywise
to release any person whatsoever, responsible by law to
the University on account of the planning and building of the
new buildings at the University.


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The vote was first taken upon Mr McCormick's substitute
for Mr McIlwaine's admendment, which was by ayes and nos, a
recorded vote being called for and ordered. On call of the
roll the vote was as follows

   
In favor of the substitue, the Rector and Messrs Watts, McCormick,
Irvine, Harmon, Bryan, Patteson and Gordon 
8. 
Against, Mr McIlwaine.  1. 

The substitute having been adopted the vote was then taken
in like manner upon the original resolution of Mr Harmon as
amended by Mr McCormick's substitute for Mr McIlwaine's amendment,
which resulted in the adoption of the resolution so amended
by the following vote:

In favor of the resolution as admended:

   
The Rector and Messrs Watts, McCormick, Gordon, Bryan, Harmon,
Patteson and Irvine, 
8. 
Against, Mr McIlwaine,  1. 

The Beta Theta Pi Fraternity of the University of Va through
Mr Wm C. Cabell presented a petition and supplement to the Board
which are in the following words and figures:

University of Virginia

To the Board of Visitors of the University of Virginia.

Gentlemen. It is the desire of the University of Virginia
Chapter of the Beta Theta Pi Fraternity to build a chapter house
at an early date, and a committee of our Alumni are now engaged
in the collection of the necessary funds.

We wish to secure from the University the ground upon which
to build, and therefore petition you in the hope that such a
concession may be granted us.


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The house we propose to erect, will not cost less than
$5000. while it will be our aim to secure as much as $10,000.
to use for this purpose. Before the plans are fully decided
upon, they will be submitted to your Board for approval as regards
the style of the architecture. We would further petition
you to assign us a site to the north of the Gymnasium.

Very respectfully, The University of
Virginia Chapter of the Beta Theta Pi Fraternity.

Gentlemen. Deeming it best to specify definitely the
amount of land desired and the length of time, within which we
would ask to commence active building operations, we herewith
append this note to the accompanying petition. We request that
the lot, which you assign us begin at the North East corner of
the present fence to Dr Lambeth's yard, fronting the driveway,
and continue northward 225 feet and running back westward a
depth of 200. feet. We would also ask that the period of three
years, from July 1st 1897, be granted us, within which to commence
building. Respectfully The University of Va

Chapter of the Beta Theta Pi Fraternity.

which on being read and considered the following resolution
was adopted:

Resolved, that the application made by petition University
of Va Chapter of the Beta Theta Pi Fraternity, this day
presented and read is hereby granted subject to the conditions
fixed and prescribed by the resolutions passed by the Visitors
at a meeting held June 29th 1892. but clauses 5 & 6 of said
resolutions are now so modified that the right to use the said


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buildings and to the exercise of the privilege and rights hereby
granted shall not cease unless the said Chapter shall cease to
use said proposed building for five consecutive years.

The written application and description of the land wanted
for the purposes of said building are made a part of this resolution
and to be recorded herewith. The Executive Committee is
hereby empowered to carry out this resolution, and to make such
a written agreement as will carry out the purposes embodied in
this resolution.

The Rector submitted a report from the Chairman of the
Faculty addressed to the Board and a copy of a letter from him
in reply thereto, which, upon being read and considered, on motion
the following resolution was adopted:

Resolved, that the letter of the Rector of the 25th of Feb.
1897, in reply to the resolution of the Faculty in respect to
the shelving in the Rotunda, be approved as the sense of this
Board; and that said resolution and letter of reply be spread
on the minutes.

The resolution and letter, referred to above, are in the
following words and figures:

To the Rector & Visitors of the University of Virginia.
In the Report to the Visitors of Feb. 4th the Faculty said,
that, being ignorant of the actual state of the University
funds available for purposes of restoration, they made no recommendation
on the subject of Library equipment. They have
since heard that there is a deficit of about $10,500. in the
funds presently available which are or will soon be required
to discharge obligations already incurred. In view of this,


127

of the statutory prohibition of the incurment of debt by the
University, and of the disastrous effect upon public opinion
and in the State Legislature of any defalcation in the payment
of University obligations, the Faculty respectfully and
earnestly recommend to the Visitors that no further expenditure
be authorized for Library equipment or any other purpose
in connection with restoration until the necessary money has
been obtained and is actually available.

The rough shelves now at the Museum can be moved over to
the Rotunda, and the books placed upon them and used, until
better provision can be made and paid for.

Teste, Jas B. Baker, Secretary. Transmitted

P. B. Barringer,

Chairman of the Faculty.

Feb. 25th 1897.

Dr P. B. Barringer, Chairman of the Faculty of the University
of Virginia.

My dear Sir, I herewith acknowledge the receipt of the
resolution of the Faculty of _____ date, addressed to the Rector
and Visitors of the University of Virginia. There may or
may not be a meeting of the Board before their annual meeting
in June, as soon as they meet I will bring the resolution before
them. In the mean time, as the Rector and therefore a
member of the Corporation, I desire through you to state to
the Faculty, that as intelligent men and sworn officers of the
law, the Visitors are fully aware of their obligations thereunder,
and feel much their responsibilities as to the policy,
that should guide them, both as to the internal and external


128

government of the institution. They will probably be unwilling
and unable to transfer their responsibilities as to this
management, to the Faculty, otherwise than as to the matters
of discipline and the teaching of the separate schools, of
which, however they must hold the general control, but they
do not wish to interfere with the details. The finances of
the institution, they will think, must be entirely under their
control. The Building Committee seems to have been entirely ignored
in the Faculty resolution. I, as the Chairman of that Committee,
would state to the Faculty, that the Committee is in
close connection with their parent body, and with a due sense
of their responsibility to that body and acting under their direction.

A true copy
Robert Robertson.

Sincerely Yours,

(Signed) W. C. N. Randolph
Rector.

On motion of Mr Gordon the following resolutions of thanks
for contributions to the Library were adopted by unanimous votes:

Whereas, the Syndices of the Pitt Press of Cambridge have
generously donated to the University of Virginia £50. in books
of said press as a contribution towards the restoration of the
library of the University, which was so severely injured by the
fire of November, 1895.

Resolved, that the Rector and Visitors of the University
of Virginia, in accepting said donation, do tender their most
cordial thanks to said Syndices for this graceful and generous
manifestation of sympathy.

Resolved, that a copy of these resolutions be transmitted
to said Syndices, through Captain W. Gordon McCabe.


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Whereas, the Clarendon Press of Oxford has generously donated
to the University of Virginia £50. in books of said Press
as a contribution towards the restoration of the library of the
University which was so severely injured by the fire of November,
1895.

Resolved, that the Rector and Visitors of the University
of Virginia, in accepting said donation, do tender their most
cordial thanks to said Clarendon Press for this graceful and
generous manifestation of sympathy.

Resolved, that a copy of these resolutions be transmitted
to said Clarendon Press, through Captain W. Gordon McCabe.

Mr Gordon, chairman of the Committee on the question of
creating an Executive officer of the University submitted the
report of his Committee, which was read and on motion the following
resolutions were adopted in reference thereto:

Resolved, that the Report of the Committee on the question
of creating an Executive Officer of the University be laid on
table for consideration and action at the annual meeting in
June 1897; and that the Secretary cause typewritten copies
thereof to be made and forwarded to each member of the Board.

Resolved, further, that the Proctor do pay to J. Morton
Fultz, Stenographer, his account of three dollars for services
in connection with the preparation of said report.

Resolved, that the City of Charlottesville be authorized
to erect a reservoir or stand pipe, on the grounds of the University
at such point on the grounds as may be suitable and
agreeable to the Visitors, to be determined at the regular annual
meeting in June next and upon terms then to be agreed on.
adopted.


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Resolved, that a committee of three, consisting of the
Rector, A. C. Gordon and Daniel Harmon, to examine the accounts
of the late Proctor, the securities held by him for the University,
giving a list of the same and at the same time to examine
the accounts of the Chairman of the Faculty so far as he has
received and disbursed any money, and said Committee shall report
under this resolution to the Rector and Visitors. The
said Committee of three shall make a full and complete examination
and report as to all the conditions of the office of
the late Proctor and they shall take a proper receipt from the
incoming Proctor, at the foot of a copy of the Inventory to be
taken as aforesaid, of all securities, monies and other properties
that may be turned over to the incoming Proctor. The said
Committee is hereby given the power to employ an expert and to
contract with him for reasonable compensation. Adopted.

On motion the Board adjourned sine die.

Teste,

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