University of Virginia Library

At a called meeting of the Board of Visitors on above
date,

Present: Rector Gordon, Visitors Flood, Irvine, Randolph,
and Oliver, Dean Page, and Mr. Moon,

The Rector having called the Board to order at 2:00
o'clock P. M., the following "Agreement of Compromise
Settlement in the matter of the estate of Mary Amelia

Smith, Deceased," was presented by Hon. John B. Moon,
Legal Counsel, and same ordered spread of the minutes of
this Board.

In the Circuit Court of Fauquier County, Virginia.

In the Matter of the
Estate of
Mary Amelia Smith, Deceased.

Agreement of Compromise Settlement.

This agreement made and entered into this 20th day
of November, A. D., 1912, by and between the Rector and
Visitors of the University of Virginia, party of the first
part, Edwin A. Alderman, acting herein as President of the
University of Virginia, party of the second part, Thomas
Smith of Warrenton, State of Virginia, party of the third
part, and Frederick Waugh Smith, of Cape Town, South Africa,
party of the fourth part; the said Thomas Smith and
Frederick Waugh Smith being the sole heirs at law and next
of kin of the said Mary Amelia Smith;

Whereas, Mary Amelia Smith, late of Warrenton, State
of Virginia, departed this life on or about the 20th day of
September, 1911, leaving a last will and testament bearing
date the 3rd day of January, 1911, in words and figures as
follows, to-wit;

"I, Mary Amelia Smith of the County of Fauquier,
State of Virginia, do write and announce, on this third
day of January, nineteen hundred and eleven my last will
and testament, feeling a comfortable assurance that my
parents would have approved this disposition of my property.

1. I hereby place my estate in the hands of the
Fidelity and Trust Company of Baltimore, which, with the
concurrence of my hereby appointed Executor, Hon. Eppa
Hunton will proceed at once to make the most profitable investment
of this Trust, paying to my brothers Thomas Smith and
Frederick Waugh Smith, equal shares of the interest of such
Trust, or to their authorized agents.

2. At the close of life of either, or both, of these
Legatees, each share becomes the absolute property of the
University of Virginia under the supervision of the President
of the University, to be expended in a permanent tribute to
my father Maj. Gen. and Ex. Gov. Wm. Smith——easily recognized,
not obscured by a multiplcity of others.

3. I leave to my brother Thomas for his life and use
only, the diamond ring I inherited from my brother Austin.
At the death of my brother Thomas this ring must be at once
exacted by the Trust Co. before mentioned, and my Executor,
and sold to advantage to add to the fund for the University.

4. My jewels and furniture, except the pieces hereinafter
mentioned are to be sold and the proceeds placed to the
credit of the fund above mentioned. A list of these will be
appended to this paper—and likewise a list of my real estate.

As witness my signature below.

(signed) Mary Amelia Smith.

(signed) Annie Belle Mason

Margaret D. Mason

And whereas Frederick Waugh Smith, party hereto of the
fourth part, has notified the others parties interested
in said will that he would contest the admission of the will
to probate and record and would also contest the carrying
into effect of the provisions thereof by reason of the uncertainty
of the trust mentioned therein:

And whereas Thomas Smith, the Rector and Visitors of
the University of virginia and Edwin A. Alderman, as President
of the University of Virginia, the other parties hereto, are
desirious of avoiding any litigation over the probate of the
will or the construction thereof; and whereas it appears
that Eppa Hunton, Jr., the party named as Executor under said
will, has renounced his right to qualify,

And whereas the Rector and Visitors of the University
of Virginia, in pursuance of an offer of settlement submitted
by Thomas Smith and Frederick Waugh Smith, parties

hereto of the third and fourth parts, did on the 12th day
of November, 1912, at a metting of the Board of Visitors
unanimously adopt the following resolutions to-wit:

"Resolved: That the Board accept the proposition
made by Mr. Frederick W. Smith, one of the devisees and
legatees under the will of Miss Mary Amelia Smith, viz:
that he will refrain from his proposed attack upon said
will, upon condition that the Rector and Visitors of
the University surrender in absolute right the one-half
of the estate passing under said will to said Frederick
W. Smith, and that John B. Moon, the attorney for the
University, be authorized to carry this agreement into
effect. By agreement of the parties interested, however,
the provisions of said will may be modified or set aside
in whole or in part, with a view to carrying out the proposed
settlement.

Resolved: That this action of the Board is taken through
their respect and esteem for Colonel Thomas Smith, another
legatee and devisee under said will, and their regard for his
wishes in the premises."

And whereas the parties hereto, desiring to settle all
matters in controversy between them, have agreed, and do
hereby agree, in consideration of the premises and the sum
of One Dollar, by each of the parties hereto to the other
paid, the receipt of which, before the signing and sealing

of these presents is hereby acknowledged, to the following
terms of settlement, to with:

1. That the parties hereto have renounced and relinquished,
and do by these presents hereby renounce and relinquish
any and all interest which they, or any of them,
may have under said will, and in lieu thereof agree to take
under this agreement as hereinafter set forth.

2. That said will shall be admitted to probate and
record and that Letters of Administration, with the will
annexed, shall be issued to Thomas Smith, party hereto of
the third part.

3. That the entire estate of the said Mary Amelia
Smith shall, after the payment of all debts due by the
decedent and all charges and expenses incident to the administration
thereof, be divided into two parts or shares.

4. That one of such parts or shares shall be transferred,
conveyed and paid over to Frederick Waugh Smith,
absolutely and in fee simple.

5. That the other part or share therof shall be held
by the said Thomas Smith in trust, the income thereof to
be used by him for and during his life, and at his death
the principal thereof shall become the property of the
Rector and Visitors of the University of Virginia, absolutely
and in fee simple, but subject to such future agreement
as may be entered into between the said Thomas Smith and the

Rector and Visitors of the University of Virginia in respect
thereto.

6. That any and all real estate which was owned
by the decedent, Mary Amelia Smith, at the time of her
death, wheresoever situate, is to be sold by Thomas
Smith, and the same conveyed, without any liability upon
the purchaser to see to the application of the purchase
money, and the proceeds thereof shall be treated and distributed
as part of her personal estate along with the
remainder of her estate.

In witness whereof the party hereto of the first
part has signed these presents by Armistead C. Gordon,
Rector, under its corporate seal, attested by its Secretary,
E. I. Carruthers, and the parties of the second, third
and fourth parts have signed these presents under their
hands and seals on the day and year first herinbefore written,
executing this agreement in triplicate.

The Rector and Visitors of the University of Virginia.

By Armistead C. Gordon,
Rector.

Attest:
E. I. Carruthers,
Secretary.

Edwin A. Alderman,

Thomas Smith,

Frederick Waugh Smith

State of Virginia,

to-wit:

County of Augusta

I, Thomas D. Woodward, a Notary Public in and for
the County of Augusta, State of Virginia, do hereby
certify that Armistead C. Gordon, Rector of the University
of Virginia, whose name is signed to the writing hereto
annexed, bearing date on the 20th day of November, A.D.
1912, has acknowledged the same before me in my County
aforesaid.

Given under my hand this 25th day of November, A.D.,
1912.

Thomas D. Woodward,
Notary Public.

(my commission expires March 19th, 1916)

District of Columbia, to wit:

I, Neenah Laub, a Notary Public in and for the District
of Columbia, do hereby certify that Thomas Smith and Frederick
Waugh Smith, parties to a certain agreement of compromise
settlement bearing date on the 20th day of November, A.D.,
1912, and hereto annexed, personally appeared before me in
said District, the said Thomas Smith and Frederick Waugh Smith
being personally well known to me as the persons who executed
the said agreement and acknowledged the same to be their

act and deed.

Given under my hand and seal this 20th day of November,
A.D., 1912.

Neenah Laub,
Notary Public, D. C.

(my commission expires Nov. 5th, 1913)

State of New York to-wit:

County of Franklin to-wit:

I, Fred T. Tremble, a Notary Public in and for the
County of Franklin, State of New York do hereby certify
that Edwin A. Alderman as President of the University of
Virginia, whose name is signed to the writing hereto
annexed, bearing date on the 20th day of November, A.D.,
1912, has acknowledged the same before me in my county
aforesaid.

Given under my hand a notarial seal this 29th day
of November, A.D., 1912.

Fred T. Tremble,
Notary Public.

The committee appointed at the last meeting of the Board,
to prepare resblutions in respect to the death of Dr. John W.
Mallet, through the chairman, Dean Page (acting for the president)
presented the following, which were adopted:

The Rector and Visitors of the University of Virginia,
in session assembled, desiring to record a memorial of their
esteem for the character, attainments and achievements
of the late Dr. John William Mallet, emeritus professor of
chemistry in the University of Virginia have adopted the
following minute:

Dr. Mallet was born in Dublin, Ireland, October 10,
1832. He was the son of Robert and Cordelia Watson, and
was educated at Trinity College, Dublin, from which he
graduated in 1853, with the academic degree of bachelor
of arts. He was afterwards a student at the University of
Gottingen, from which he received the degree of doctor of
philosophy in the summer of 1853, and coming to America
in the same year, became in the following year assistant
professor in Amherst College, Massachusetts. In 1854
Dr. J. L. M. Curry, subsequently distinguished as the agent
of the Peabody Fund, and as United States Minister to Spain,
procured the enactment of the legislature of Alabama of a
Statute establishing a Geological Survey; and Dr. Mallet
became chemist to the Survey organized under that act.
He held this office from 1855 to 1856; and from 1855 to 1860
he was also professor of chemistry in the University of
Alabama. Upon the breaking out of the War between the States
he entered the service of the Confederate States, and was an
officer on the staff of General Rodes. In 1862 he was

transferred to the artillery, and was placed in general
charge of the ordnance laboratories of the Confederate
States government. The duties of this position were discharged
by him with an ability and fidelity which gave
him a fame inferior only to that which he achieved as teacher,
scholar and chemist in the subsequent years of peace.
He was paroled at the close of the war in 1865, while holding
the office of lieutenant colonel of artillery; and his
loyalty to the memories of the cause he served so faithfully
and conspicuously from 1861-1865 continued unabated to his
death. No one of the friends of the University of Virginia
contributed more unselfishly of his interest and energies
to make successful the recent happy re-union at the University
of the survivors of her sons who went forth to battle in 1861,
and none entered more eagerly or with a finer spirit into the
beautiful ceremonies of that occasion.

In 1865 he became professor of chemistry in the medical
department of the University of Louisiana, pursuing meanwhile
a full course of medical lectures as a student of the
institution, and obtaining its degree of Doctor of Medicine
in 1868. From 1868 to 1872 he filled the chair of analytical,
industrial and agricultural chemistry in the University of
Virginia, and that of general and industrial chemistry from
1872 to 1883, while during the session of 1877-1878, he also

delivered a course of lectures at Johns Hopkins. In 1883
he was called to the chair of chemistry and physics in the
then newly organized University of Texas, where he continued
until the following year, filling meanwhile the
office of Chairman of the Faculty of that institution.
From Texas he went in 1884 to the Jefferson Medical College
of Philadelphia, and served there for one session as
professor of chemistry.

But his heart was always with the University of
Virginia from the time of his first association with it,
and in 1885 he came back to his old chair in the University,
and thenceforth occupied it with ever increasing ability
and distinction until his retirement as emeritus professor
in 1908

Dr. Mallet's work went outside of the routine that
characterises the laboratory and the lecture room. He
wrote articles and papers covering a great variety of subjects
connected with his profession; and he delivered
many addresses not only of a technical, but also of a
literary character; while his reputation as a toxicologist
caused him to be sought as an expert in a number of important
criminal and quasi-criminal trials.

His achievements and consequent fame brought him many
honors. He was a doctor of laws of the College of William
and Mary, of the University of Mississippi, of Princeton,

of Johns Hopkins, and of the University of Pennsylvania;
he served three times as a member of the United States
Assay Commission; he was a fellow of the Medical Society of
Virginia, of the Chemical Society of London, and of the Royal
Society of Great Britain; and was an associate fellow of
the American Academy of Arts and Sciences. He was a member
of the New York Academy of Sciences, of the Medical and
Surgical Faculty of Maryland, of the American Philosophical
Society, and of the American Chemical Society, of which
last named association he filled the office of President;
and he also held membership in a number of scientific
societies of foreign countries. His scholarship was
catholic and far-reaching; and his facility of expression
in his mother-language, whether by tongue or pen, was un-excelled.

Imbued with an eager love of knowledge, he remained a
student to the end; and his interest in the affairs of life
continued with undiminished zest as long as life lasted. He
loved the University of Virginia, to which he gave so much
of value and distinction, with a passionate and unrestrained
devotion; and he was unfailing in his loyalty to its traditions
and in his desire for its welfare.

To his influence here in all that made for dignity of
character, breadth of view, freedom from narrowness, and a
lofty intellectual courage, those who sat as his feet, as at
the feet of a Gamaliel, must bear testimony with a ready

acclaim.

Full of cheerfulness and a kindly interest in his
surroundings that stayed with him to the last, having
filled to overflowing the years of the Psalmist with good
and noble works, he passed on the day of November,
1912, from the sphere of his activities and illustrious
achievements, in the comfort of a reasonable, religious
and holy hope, "to where beyond these voices there is
peace."

Resolved: That the Rector and Visitors of the
University of Virginia accept, with sincere appreciation
and thanks, the gift of Mr. Arthur Curtiss James, of
$400.00 which is to be used to complete a bibliography
of all important printed matter on the negro question.

Resolved: That the Rector and Visitors approve of
the resolutions adopted by the Miller Board, at their meeting
of June 1912, and that Professors Tuttle and Dunnington
be and are hereby requested by this Board to carry out
as far as practicable the requests of the Miller Board.

The resolutions of the Miller Board are as follows:

Resolved; That Professor Tuttle be requested to
begin the preparation of a catalogue of the weeds and
grasses that grow or may be grown in the County of
Albemarle, with suggestions for the control or eradication
of such as may be noxious, and the culture and development
of such as may be beneficial or profitable to practical
farmers, said catalogue to be extended, as the opportunity

may arise, to embrace the flora of the county.

Resolved: That Professors Tuttle and Dunnington be
requested to prepare for publication at least one annual
bulletin from each School, dealing with one or more subjects
of practical agricultural interest for dissemination amongst
the farmers of Virginia.

A copy from the minutes.

R. T. W. Duke, Jr.
Secretary & Treasurer.

Resolved: That the Rector and Visitors of the University
of Virginia approve the donation of $25.00 from the contingent
fund of the University, to the alumni of Washinton, D. C., as
a contribution towards paying for placing the seal of the University
of Virginia on the University Club House now being
erected in that city.

Resolved: That the sum of $140.00, be and is hereby
appropriated for the Phelps-Stokes Fellowship in order to
bring the amount of the emolument of said fellowship up to
$500.00.

Whereas, Mr. L. L. Hamner registered in this University
during the session of 1909-'10 and 1910-'11 as a non-Virginia
student, although he was entitled to be registered as a Virginia
student; and whereas, the said Hamner paid in fees for the sessions
mentioned the sum of $255.00, although he should have paid

only $20.00, be it therefore,

Resolved: That the sum of $235.00, be refunded to Mr.
Hamner as follows: $150.00 to be credited on his account
as a student in the Law School for the present session; and
the remaining $85.00 to be paid to him in cash.

The following application for the house formerly
occupied by Dr. J. W. Mallet, was received; whereupon it was

Resolved: That this application be granted, provided the
President has made no other disposition of the house.

The letter follows:

Resolved: That the Assistant in School of Germanic
Languages be paid $300.00 for the session 1912-'13, instead
of $150.00 on account of additional work to be done by
him in that School.

Resolved: That Mr. Sterling H. Diggs be and he is
hereby appointed Instructor in the School of Philosophy
for the current session at a salary of $600.00.

Resolved: That a sum, not to exceed $500.00 be and is
hereby aporopriated for carrying forward the work of the
University Extension Scheme.

Resolved: That the President of the University after
due warning to the holder, may declare any scholarship or
fellowship vacant at any time if in the judgment of the
President and Faculty the holder fails to give satisfactory
evidence of diligence or the faithful performance of his
duties.

Resolved: That the vocational degree of "Bachelor
of Science in Medicine" be conferred upon the candidate who
completes the following courses: B1 German, B1 French;
A1 Mathematics; A1 English, B1 Chemistry; B1 Botany or B1
Zoology; B1 Physics,—and the whole of the first two years
work in the Department of Medicine.

Resolved: That the Dean of the University be and he
is hereby authorized to expend a sum, from the general funds
of the University, not to exceed $300.00 to pay for assistance

in his teaching work during the absence of the President
of the University.

Resolved: 1st, That the Rector and Visitors of the
University of Virginia accept the offer of Mrs. Charles
M. Blackford to establish in the University an annual prize
of $50.00, to be called the Charles Minor Blackford Memorial
Prize, for the best essay on some theme from the field of
Law or Sociology, submitted by regularly matriculated
students from the Department of Law.

Resolved: 2nd, That they recognize in this prize
appropriate tribute to the memory of an honored alumnus
of this University, who was distinguished not less for the
grace and power of his writings than for the sagacity and
force of his legal arguments, and that they offer to Mrs.
Blackford the assurance of their areciation and their
thanks.

Resolved: 3rd, That they request the Faculty of the
Department of Law to prepare, in conference with Mrs. Blackford,
or her representative, suitable rules governing the
competition for this prize, and to make public announcement
of them.

Resolved: That the rules governing the rental and
occupancy of University dormitories are as follows:

The rates given below are for the session of nine
months.

The rooms in the dormitories are unfurnished. The
minimum cost of furniture for a single room may be placed
at $15.00 for the session and can be secured from the local
furniture dealers,

All rooms are provided with either steam or hot water
heat, electric light, and janitor service except where
otherwise specified.

Randall Building

This building contains 32 single and 10 double rooms
which are assigned only to students taking board at the
University Commons, and, any student occupying a room in
this building, failing to remain at the commons for any portion
of the session, will vacate the same.

     

Single room	$35.00
Double room	40.00
Double room with study (only one such room in bldg.)	50.00

No janitor service is provided for rooms in this building.

The single rooms are 10 × 14; 10 × 15; or 10 × 16.

The double rooms are 14 × 15; 15 × 15; or 15 × 17.

The study is 9′ 6″ × 11′ 6″.

East Range

   

Rooms in Old Gymnasium building (8)	$60.00
Other rooms on East Range	72.00

West Range

   

Room, no heat, but provided with grate (4)	60.00
Other rooms	72.00

East and West Lawns

   

Room in Bachelor's row (9) (smaller than others)	70.00
Other rooms	75.00

Dawson's Row

 

Room

75.00

Dawson's Row comprises 7 detached 8 room houses, water-closet
in each house, lavatory with running water in each room.
Bath house with shower is provided for this row.

Monroe Hill

 

Single room, no heat, but provided with grate

54.00

The rooms on East and West Lawns, East and West Ranges,
Dawson's Row and Monroe Hill, with the exception of Bachelor's
Row on West Lawn, are commodious and are frequently occupied
by two students, in which event no extra charge is made.

Two students may rent a room together, each paying his
half of the rent.

Furnished rooms may be rented in private boarding houses
outside the University grounds at prioes ranging from $5.00
to $20.00 a month.

Table board will be furnished at the University
Commons at $15.00 per month, or may be obtained at private
houses outside of the University grounds at from $15.00
to $25.00 a month.

Board and lodging can be obtained at private houses
outside the University grounds at from $18.50 to $50.00
a month.

With strict economy the cost of board, lodging, heat,
light and washing can be brought within $20.00 a month.

Resolved: That the Building Committee having charge
of the matter of recommending plans for a building to take
the place of the old Temperance Hall be continued; that they
obtain bids on the building and grading as proposed, in general
accordance with the plans submitted at this meeting of the
Board of Visitors; and that the matter of financing the
construction and grading be referred to the Finance Committee
of this Board for consideration and report to this Board at
their next meeting,—it being the opinion of the Board that,
if the Finance Committee concurs, such funds belonging to the
University endowment as may be necessary for the purpose and
advantageously so invested, be invested in the said construction.

The reports of the Committee on Religious Exercises, and
of the Building Committee are as follows:

1. The Committee on Religious Exercises approves of
the general plan for the rebuilding of the Temperance
Hall and the changing of its surroundings, as prepared
by architect, Mr. Eugene Bradbury, and recommends that
the work be done in accordance with the general scheme
therein set forth....(carried)

2. The Chairman of the Religious Exercise Committee
and the committeeman in charge of Temperance Hall shall
represent the Committee in co-operation with the University
authorities, or any Committee that they shall appoint,
in deciding upon, and carrying into effect all details of
the plans, construction of the building, and financing the
same....(carried.)

General Estimate of Cost.

     

Building and grading immediately around it	$15.000
General grading, roads, walks, and gate	5.000
	20.000

Estimated income-

             

4 stores at $600.00 per year	$2,400(minimum)
4 suites at $300.00 per year	1,200(minimum)
	$3,600
5% interest per year on $20,000	$1,000
Annual payment to sinking fund=	$1,000
Balance of rental for upkeep and religious exercises	=$1,600
Present rental, 2 stores, 1 hallway, 2 rooms upstairs	= 1,032

Report of Building Committee

Resolved: That this Committee approves, in a general
way, the plans offered by the religious exercise committee
for the improvement of the Old Temperance Hall and gateway
and entrance to the University. We feel, however, that
the plan should, if possible, diminish the conspicuous character
of the central architectural feature.

We suggest that a committee be appointed to act in conjunction
with the landscape architect to decide upon the
architectural character of the improvements.

It is our opinion that the University could make a
safe investment for this improvement to the amount of
$20,000.

signed: J. M. Page, of the
Committee.

W. M. Randolph, of the
Committee.

W. A. Lambeth, of the
Committee.

C. G. Maphis. of the
Committee.

The committee having in charge the erection of the Educational
Building reported progress, and was continued.

The petition of the Kappa Alpha Fraternity for a location
for a fraternity house on the proposed boulevard on Carr's
Hill was received and filed.

Resolved: That the Rector and Visitors grant to President
Alderman a leave of absence from his duties as President
of the University, until September 1st, 1913; and that
they express their sincere sympathy with him in his present
condition of health and the hope for his early recovery.

That Dean J. M. Page be authorized and requested to discharge
the presidential duties in the absence of President
Alderman, and that he be paid for his services in that
connection at the rate of $1500.00 per annum, beginning
from the date of Dr. Alderman's departure until the first
of September 1913, or Dr. Alderman's earlier return.

The recommendations offered in the following letter from
the Superintendent of Buildings and Grounds, were approved.

On motion, the Board adjourned, subject to the call of
the Rector.