 | Board of Visitors minutes March 23, 1917 |  |
March 23, 1917.
An adjourned meeting of the Rector and Visitors was held
on this date at 8 o'clock p. m., with the following present:
The Rector, Armistead C. Gordon, Visitors, Craddock, Hatton,
Irvine, Lewis, Michie, Stearnes and Turnbull, and President
Alderman.
For the special Committee appointed at the meeting of
this Board, held October 19, 1916, charged with the settlement
of all matters in connection with the legacy of $50,000 under
the will of Robert Lewis Parrish, deceased, Mr. Craddock made
a verbal report giving an outline of the situation to date
and stating that Mr. Perkins had been requested to prepare
a concise report of the whole matter, the details of the
transaction being numerous.
On consideration whereof, the Board decided to defer action
upon the subject, awaiting said report.
Mr. Craddock, Chairman of the Finance Committee, presented
WHEREAS, There is now in the hands of the Bursar the sum of
$8,820. in cash belonging to the R. L. Parrish Estate, seeking
investment; and,
WHEREAS, The University holds certain funds in the Francis
L. Wilson Estate, which has been appropriated to the erection
of the New Heating plant at the coal bin, said heating plant
having been now completed, be it
RESOLVED, That the Finance Committee is hereby authorized
to use the funds of the R. L. Parrish Estate to purchase the
following securities of the Wilson Estate, at the price as
set out:
| $2,000 | N. Y. Gas, Electric Light, Heat & Power 4% bonds, |
$1,710. |
| 1,500 | Mobile and Ohio Railway 4% bonds, | 1,125. |
| 1,000 | Scioto Valley & New England Ry. 4% bonds, | 910. |
| 25 Shares preferred stock of the American Sugar Refining Company, |
2,950. | |
| Total, | $6,695. |
WHEREAS, There are now in the hands of the Bursar of the
University $30,000 Southern Railway General Development 4%
bonds received from the Alumni Board of Trustees of the Endowment
Fund, being a part of the gift of Charles Steele to said
fund, but with the understanding that same could be used for
the erection of an addition to the Hospital, which addition
has been erected and financed out of other funds by the Bursar,
awaiting the delivery of said bonds; and
WHEREAS, It is not considered wise to place said bonds on the
general market at this time, owing to the downward turn of the
RESOLVED, That the Finance Committee be and is hereby authorized
to transfer said bonds to the James Estate at the price of 71,
paying same out of funds now in the said James Estate seeking
investment.
RESOLVED, That the action of the Rector in making transfer
of $17,000. Virginia Century bonds, belonging to the Sinking
Fund of the University, and $7,000. Virginia 3's, known
as Riddlebergers, as per request of Finance Committee, embodied
in a resolution adopted by it on October 19th, be and is hereby
approved and ratified by the Rector and Visitors.
The Secretary presented a communication he had received
from Granville Gaines, attorney for Col. Thomas Smith, requesting
that the University give to Col. Smith certain articles
of furniture and china, being part of the personal property
bequeathed to the University under the will of Mary Amelia
Smith, his sister, of which estate he is the life-tenant.
After consideration of the matter, the following resolution
was adopted:
RESOLVED, That upon the request of Col. Tom. Smith, through
his attorney, Grenville Gaines, dated January 29, 1917, which
request and schedule of certain articles thereto attached are
made a part of this resolution, the University relinquishes all
claim to the said articles as enumerated in said schedule.
The letter of Mr. Gaines follows:
January 29th, 1917.
Charlottesville, Virginia.
Miss Mary Amelia Smith of Warrenton, Virginia,
by her last will and testament, recorded February 24th, 1913,
in Will Book 47 at page 34 in Fauquier County Clerk's Office,
Virginia, left all of her property of every kind and description
for life to the brothers that survived her, of which
there were only two, namely: Fred W. Smith and Col. Thomas
Smith, and at their death all of said property both real and
personal, was to go to the University of Virginia. Shortly
after Miss Mary Amelia Smith's death, her brother, one of the
above mentioned survivors, returned from South Africa and
immediately began to take steps to break the will of sister
Mary Amelia Smith, and thereby prevent University of Virginia
from having any of her property.
The result of his efforts was settled by the
University of Virginia agreeing with Col. Thomas Smith, his
other brother, (which agreement is of record in the Clerk's
Office of Fauquier County, Virginia), that he, Fred W. Smith,
should have absolutely one half of all of his sister, Miss
Mary Amelia Smith's property, all of which he has practically
received in the shape of bonds and money.
Now Col. Thomas Smith, the other beneficiary and
surviving brother of the life interest, refused to be the
recipient or beneficiary in any way of the aforesaid agreement;
but on the contrary, agreed that he should receive the income
from the other half of said property during his lifetime, and
at his death his entire half of the property for life should
go to the University as was directed and intended by his sister's
will. This was very high and honorable on the part of Col.
Thomas Smith, and if he had so desired he could have insisted
that his half of the property come to him absolutely, because
Fred W. Smith was entitled to his one half absolutely, he, Col.
Smith was necessarily entitled to his one half absolutely, but
being a University graduate and a worshipper and lover of his
Alma Mater, he desired and wished that she should have all that
he could possibly give her.
Now Col. Smith is not in the same financial condition
that he was then, and I find as part of the property some furniture,
some odds and ends of china and some scattering pieces
of silver and gold, in the shape of rings, spoons, knives, etc.
A full and correct list of which is hereto attached and made
a part of this appeal or petition. The value of which I don't
suppose if over three or four hundred dollars or at least would
not bring over that if put up to public sale which the University
would do.
Now I ask that you Honorable Rector and Visitors
will give property as shown by list hereto attached to Col.
Thomas Smith absolutely and in fee simple by proper resolution
and authority, executed by your Rector and Visitors. To
have this property put up and sold, especially some of the
articles, would be very mortifying to Col. Smith and also
would deprive him of some property which he could give to those
who are nearest to him at his death and which would be treasured
and not sold to Tom, Dick and Harry, which you can see by
reading the list of articles, would be very unpleasant. I
sincerely trust that you will, at your earliest convenience
take the proper steps to see that the property, as shown by
list hereto attached is given to Col. Thomas Smith absolutely
and in fee simple.
Attorney for Col. Thomas Smith
| 1 Walnut Bureau, | 5.00 |
| 1 Old Fashioned hair dresser, | 3.00 |
| 1 Marble top mahogany bureau, | 10.00 |
| 1 Mahogany wardrobe and writing case, | 20.00 |
| 1 Bedstead, | 8.00 |
| 1 Mahogany washstand, marble top, | 4.00 |
| 1 Teaster bedstead, Col. Smith, | 5.00 |
| 1 Mahogany bureau, | 10.00 |
| 1 Mahogany washstand, marble top, | 3.00 |
| 1 Mahogany wardrobe, | 10.00 |
| 1 Mahogany bedstead, | 5.00 |
| 3 mattresses, | 3.00 |
| 1 Folding bed, | 8.00 |
| 2 Walnut "What-not" stands, | 1.50 |
| 1 Mirror with marble stand, | 25.00 |
| 1 China case, | 10.00 |
| 1 Walnut marble top table, | 4.00 |
| 1 Sofa and 6 chairs, | 10.00 |
| 1 Walnut, "What-not Table", marble top, | 5.00 |
| 2 small Mahogany marble top tables, | 4.00 |
| 1 Brass stand, | 5.00 |
| 2 Mahogany tables, | 12.00 |
| 2 Mahogany Ottomans, | 3.00 |
| 1 Stand with two drawers, | 4.00 |
| 1 Writing desk, Col. Smith, | 2.50 |
| 1 China Press, | 5.00 |
| 1 Walnut writing desk, | 3.00 |
| 1 Mahogany marble top table, | 4.00 |
| 1 Hat rack, | 2.00 |
| 1 Mirror, Col. Smith, | 1.50 |
| 1 Oak Wardrobe, | 8.00 |
| 1 Walnut sideborad, | 3.00 |
| 1 Bookcase, | 1.50 |
| 1 Oak marble top sideborad, | 5.00 |
| 1 Oak bookcase, | 5.00 |
| 1 Oak desk, | 3.00 |
| Total, | $ 221.00 |
| (Signed) | Hugh Hamilton | Apprisers. |
| E. J. Sudduth | ||
| A. F. Rose |
List of China found in California House, former home
of Miss Mary Amelia Smith, deceased, which property
belonged to Miss Smith, but the same has not been
appraised, but the same is very ordinary china and of
very little value, as you will see that they are odd
pieces.
| 14 | plates |
| 1 | soup tureen |
| 3 | pitchers |
| 2 | bowls |
| 6 | dishes |
| 2 | small dishes |
| 8 | saucers |
| 10 | cups |
| 2 | chocolate pots |
| 1 | butter dish |
| 1 | big cup |
| 1 | queer article |
| 1 | plated basket |
List of articles found in the California House, former
home of Miss Mary Amelia Smith, deceased, which property
belonged to Miss Smith, but the same has not been appraised
and is of very little value:
One black case containing:
| 2 | gold lockets with pictures |
| 1 | gold pin containing Miss Smith's hair |
| 1 | gold handkerchief holder |
| 6 | small trinkets |
| 7 | souvenir spoons, silver |
| 2 | napkin rings, silver |
| 1 | opal ring |
| 1 | eye glass |
| 1 | pewter ring |
| Sleeve buttons | |
| Pairs of era-rings | |
| Tortoise shell | |
| 1 | Amethyst ring |
| 1 | seal |
| 2 | Confederate badges |
| 1 | gold very small hatchet |
| leather stamp book | |
| Teeth | |
| Silver knife marked "Piedmont" |
|
| 6 | knives |
| 1 | fork |
| 1 | silver ladle |
| 2 | silver plated goblets |
| Large silver ornament, Portable |
|
| 1 | plated basket |
| Butter dish | |
| 3 | plated table spoons |
| 4 | plated forks |
| 4 | teaspoons |
| 2 | coffee spoons |
| 4 | knives |
| 4 | cotton sheets |
| 4 | cotton pillow cases |
You will see that these are all odd articles and practically
of very little value and to put them up at public sale would
be mortifying to Col. Smith, and would bring very little
revenue to the University of Virginia.
The principal item of business for which the Board
meeting was called was the question of the establishment at
the University of one or more units of the Reserve Officers'
Training Corps.
President Alderman stated that after consultation with a
number of students who had approached him in the matter of the
establishment here of said corps, he appointed a special
committee from the faculty to consider and report to him their
findings, and that said committee had reported unanimously in
favor of the proposition.
The matter was discussed very fully by the members of
the Board, the members of the special committee who were present
upon the request of the President, and Major Greene,
Commandant of the Staunton Military Academy, who had been detailed
to come to the University by the War Department in order
to give such information in regard to the establishment of the
Reserve Officers' Training Corps as might be desired by the
Board, and the following resolutions adopted by a vote of 7 to
1, to wit: Ayes, Craddock, Hatton, Irvine, Lewis, Michie, Stearnes.
and Turnbull; Noes, Gordon. (Mr. Gordon asked that a paper
setting forth his reasons for voting against the resolution
be copied on the minutes of the Board.)
RESOLVED, By the Rector and Visitors of the University of Virginia.
That the Rector and President be and are hereby
authorized to make application to the President of the
United States to establish at this University one or more
units of the Reserve Officers' Training Corps — Senior
Division — in accordance with the provisions of an act
of Congress entitled an "Act for making further and more
effectual provision for the national defense and for other
purposes".
That there be detailed for duty as Professors and
Assistant Professors of Military Science and Tactics in this
University, such officers of the United States Army as may
be deemed necessary.
Provided, however, that nothing herein shall be construed
as in any manner diminishing or impairing the authority and power
vested by law in The Rector and Visitors of the University
of Virginia, to regulate and control the affairs of this
University.
The Rector and Visitors are moved to take this step
from considerations of patriotic duty and in view of the immediate
needs of the country in a definite national crisis. It is
not the purpose of the Governing Board to incorporate permanently
in the life of the University a Department of Military
Science, or to cause the institution to take on the character
of a military school. They believe that the highest service
of the University lies elsewhere. In a time of grave national
need, however, when the elementary responsibility of democratic
citizenship involves defense of the country's honor and safety,
at the University of Virginia for instruction, should not
be denied the privilege of equipping themselves, whether
in scientific preparation or military science, for rendering
the most skillful and effective service that the Republic
may demand. We are fortified in this conclusion by the unanimous
approval of the President and Faculty of the University
and by a knowledge that the Founder of the University,
under similar conditions of national danger, thus wrote to his
friend, James Monroe, under date of June 18, 1813:
"But it proves more forcibly the necessity of
obliging every citizen to be a soldier. This was the
case with the Greeks and Romans, and must be that of
every free state. Where there is no opression there will
be no pauper hirelings. We must train and classify the
whole of our male citizens, and make military instruction
a regular part of collegiate education. We can never
be safe till this is done."
That the Rector and Visitors of the University of Virginia
recognizing that the United States is now in a state of war with
a ruthless European power, hereby solemnly pledges to Woodrow
Wilson, President of the United States, the loyal cooperation
of his Alma Mater in the defense of that liberty, honor and independence
which George Washington and Thomas Jefferson did
so much to establish and maintain.
Mr. Gordon's reasons for voting against the foregoing
resolution:
I am unable to vote for the establishment of a Reserve
Officers' Training Corps in the University of Virginia, under
the provisions of the Federal Act entitled "An Act for making
further and more effectual provision for the national defense,
and for other purposes", for the following reasons:
First, The Federal Act provides (sec. 41) that the
War Department shall detail, and thereby appoint, an
officer of the Army as "Professor of Military Science and
Tactics" in the University, in contravention of the
organic law of the University, as contained in Section
1546, of the Code of Virginia, vol. 1, page 826, which
confers exclusive authority on the Board of Visitors to
appoint Professors, and which is in the following language:
"The said Board shall be charged with the care
and preservation of all property belonging to the
University. They shall appoint a President with
such duties as may be prescribed by said Board, and
professors as they deem proper, and with the assent
of two-thirds of the whole number of visitors may
remove such President or any professor. They may
prescribe the duties of each professor, and the course
and mode of instruction," etc.
Second: The Federal Act provides (sec. 47) that the
Secretary of War may issue to institutions in which such
a Professorship of Military Science and Tactics is established
"such public animals, arms, uniforms, equipment and means
of transportation as he may deem necessary, and to forage
at the expense of the United States public animals so
issued. He shall require from such institutions to which
property of the United States is issued a bond in the
value of the property issued, for the care and safe-keeping
thereof, and for its return when required."
The effect of this provision is a two-fold one, (1)
to create such a trust in the University, with reference
to such `public animals, arms, uniforms, and equipment,'
as is not contemplated by the organic law of the
University, and for the assumption and execution of which
there is no authority in the University, either express
or implied: (2) the requirement that the University
shall give "a bond in the value of the property issued
for the care and safe-keeping thereof, and for its
return when required," is in contravention of Section
1556 of the Code of Virginia, vol. 1, page 828, which
provides that "it shall not be lawful for the Rector
and Board of Visitors of the University to contract
any debt whatever on account of said University, without
(Act 1883-1884, page 544.)
This inhibition on the Rector and Visitors to
"contract any debt whatever," is not repealed or
abrogated by section 1546 of the Code, as amended by
Act of March 13, 1908 (Acts 1908, page 379), which
provides that "it shall not be lawful for the Rector
and Visitors of the University of Virginia to issue
its obligations to be secured by deed of trust on its
real estate, without the consent of the General
Assembly previously obtained."
The Court of Appeals of Virginia has decided
in the case of Phillips vs. University, 97 Va. 475,
that "the University of Virginia, though controlled by
a corporation, is a public institution. Its grounds
and buildings are property of the State, used for
public purposes, and no debt thereon can be created
save by special legislative enactment;" and this would be
true, even in the absence of legislative enactment forbidding
the contracting of any debt by the Rector and
Visitors.
Third: The Legislature of Virginia has designed
and established by law a system of education in the
State, which includes both civil and military instruction
in designated institutions. The branches of learning
prescribed by law to be taught at the University
(sec. 1552) do not include military instruction, and
are entirely of an academic and civil character. The
organic law of the Virginia Military Institute prescribes
that it shall be a "military school." (Code of Virginia,
section 1563, p. 830). The organic law of the
Virginia Polytechnic Institute prescribes that "the
curriculum of the said college shall embrace such
branches of learning as relate to agriculture and the
mechanic arts, without excluding other scientific and
classical studies, and including military tactics."
(sec. 1589)
I do not think, that in the absence of legislative
enactment, the Board of Visitors of the University of
Virginia have the power to alter the system of instruction
designated and provided for the State by
the General Assembly by the establishment of a school
of military science and tactics in the University.
Without considering the grave question of the expediency
of establishing such a chair in the University,
and thereby reversing an historical method which has
prevailed in this institution for nearly a hundred years,
such significance as to compel me to vote in the negative
on this proposition.
The President suggested to the Board that owing to the
lateness of the hour a committee consisting of the Rector
and Mr. Michie be appointed to assist him in handling the
remaining matters on the docket, being matters of routine
business, which was agreed to.
The meeting then adjourned.
Rector.
Secretary.
| Board of Visitors minutes March 23, 1917 | |