University of Virginia Library


322

A special meeting of the Rector and Visitors was held
on this date, at 8 o'clock p.m., with the following present:
The Rector C. Harding Walker, Visitors Dillard, Duke, McVea,
Oliver and Scott, and President Alderman.

The minutes of the meeting of October 12th, 1923 having
been copied and sent to the members for approval, were approved.

The President announced the following gifts and he was
authorized to prepare suitable resolutions of thanks in each
case.

    GIFTS:

  • From Mr. Frederic W. Scott, $3,300 for installation of a
    plant for purification of water at the Memorial
    Gymnasium.

  • From Mr. William A. Clark, Jr., two Jefferson Items,
    for the University Library.

  • From Mrs. Baskerville, Library of the late Dr. Charles
    Baskerville.

  • From Dr. Joseph A. Abraham, a pamphlet "The Seven Days
    Battle in Front of Richmond" to the University Library;
    also to the Museum, a piece of mahogany from


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    the rafters of the first stone church built on
    the Western Hemisphere, and an Indian Stone
    Hammer found in British Columbia near Prince
    Rupert.

A committee composed of the Rector and Visitors, Dillard,
Scott and Williams was appointed to press before the Legislature,
now in session, a bill introduced by Senator
Early, at the request of President Alderman, asking for an
appropriation of $250,000, conditional upon the raising of
$750,000 by the University for the Medical School.

The appointment of Dr. Vincent W. Archer as instructor
in Roentgenology was approved.

The request of Dr. Theodore Hough, Dean of the Medical
College, for an appropriation of $1050.00 to pay the salaries
of two additional nurses needed in the work in Pediatrics,
under Doctor Royster, for the balance of the fiscal year
1923-24 was approved.

A request from the Zeta Psi Fraternity for a loan of
$20,000 to aid in the erection of their house on the lot of
University ground previously granted, was approved subject
to the conditions of the paper submitted with its request.

The matter of certain expenditures in connection with
the cottage on Carr's Hill and also for linoleum in the
kitchen of the President's house, amounting to $446.00 was
presented and it was ordered that same be approved for
payment by the University.

A letter from Dr. Theodore Hough, Dean of the Medical
School, was read requesting that an appropriation of $50.00
be made to cover the expense of keeping the Medical Library
open at night for the remainder of the session. Upon motion
duly made and seconded, appropriation for the purpose was
authorized.

The matter for an appropriation for cement roads and
approaches to the Memorial Gymnasium was considered and disposed
of in the following resolution:

RESOLVED, That the sum of $4,500 be added to a sum
of $4,500, or more, to be appropriated by the General
Athletic Association for the purpose of constructing
necessary and suitable approaches to the Memorial
Gymnasium; and further, resolved, that the money for
this appropriation to be taken entirely from contributions
in hand or yet to be made to the construction of the
gymnasium.


324

A report of the Committee on Buildings and Grounds
with respect to permanent supervision and control of the new
heating plant was submitted and approved, as follows:

President Edwin A. Alderman,
University of Virginia
My dear Mr. President,

The Committee on Saturday, October
13th had interviews with Dr. Hancock and Dr. Lambeth
and saw both heating plants. The Committee is of the
opinion that it would be well for them to be under one
head and as Dr. Hancock has resigned, advise that Dr. Lambeth
be placed in charge of all heating plants.

The Committee wishes to express its
appreciation of Dr. Hancock's invaluable aid in the
installation of the heating plant.

This report is the unanimous opinion
of the committee and their names are signed to the same
by W. R. Duke at their request.

All of which is most respectfully
submitted,

Fred W. Scott By
W. R. Duke
P.G. McIntire By
W. R. Duke
Wm. R. Duke By
W. R. Duke

Report of the special Committee in the matter of certain
correspondence between Mrs. Josie W. Rodes, the Rector and the
Governor, concerning the Cafeteria, was read and ordered filed.

The President presented to the meeting a form of receipt
which he stated to the Board he had received from Mr. William
Cabell Bruce, on January 2nd., Mr. Bruce as the Executor of
J. Douglas Bruce, having requested that this receipt be properly
executed on behalf of the Rector and Visitors of the
University of Virginia.

The purpose of said receipt is to give to said William
Cabell Bruce, Executor of J. Douglas Bruce, complete acquittance
for the sum of Five Thousand Dollars ($5,000.00) cash paid the
Rector and Visitors of the University of Virginia in compliance


325

with bequest contained in the will of said J. Douglas
Bruce, said receipt being in the following form:-

RECEIVED of William Cabell Bruce, Executor of the
Estate of J. Douglas Bruce, deceased, the sum of Five
Thousand Dollars ($5,000.00) cash, in full compliance
of the special bequest made by the said J. Douglas
Bruce in his last will and testament, which was executed
on November 4, 1918, and probated in the County
Court of Knox County, Tennessee, and we hereby release
the said Executor and the said Estate of any other
liability so far as we are concerned, growing out of or
pertaining to our interest as a beneficiary under the
will.

After considering the above matter, it was

RESOLVED, That the Rector be and he is hereby
requested to execute this receipt in the name and on
behalf of the Rector and Visitors of the University
of Virginia, and the Secretary is requested to return
the receipt to Mr. William Cabell Bruce after it is so
executed.

A proposed contract with the Virginia Trust Company
for care of securities, etc., was read, discussed and referred
to the Rector with power to enter into a contract with
the said Company.

The matter of a site on the University grounds for the
location of a Preventorium, requested by the State Teachers
Association, was disposed of in the following resolution:

RESOLVED, That we view with friendly interest the
application of the State Teachers Association for a
building site and refer same to the Committee on
Buildings and Grounds to investigate and repot back at
the April meeting.

The request of Dr. Hudnut to be allowed to make certain
changes at No. 55 West Range, building a garage and garden,
was granted and the following resolution in regard thereto
adopted.

RESOLVED, That the improvements as requested by
Dr. Hudnut at No. 55 West Range, be and are hereby approved
and the sum of $800.00 be appropriated to cover same,
and that $48.00, representing interest on the cost of the
improvements, be added to the annual rental of the residence,
said improvements to be approved by the President
and the Superintendent of Buildings and Grounds.


326

The allotment of the Minor house to the Graduate School
was approved.

A report from Dr. S. A. Mitchell on the financial side
of the eclipse expedition was read and ordered spread on the
minutes.

Dr. E. A. Alderman,
President, University of Virginia.
My dear Dr. Alderman:

I have the honor herewith to report
on the work of the expedition sent to California
by the Leander of McCormick Observatory to make observations
on the total eclipse of the sun on September
10, 1923.

The expedition was made possible
through a generous grant of $1,000 from the Board of
Visitors. This was supplemented by a gift of $1500
from the Leander McCormick Estate and $500 from the
National Academy of Sciences. A total of $3000 was thus
available. By great good fortune all of the necessary
instruments and apparatus were secured without cost to
the University, being loaned by the U. S. Naval Observatory.
Still greater good fortune was in store for the
McCormick expedition, for all of the apparatus was carried
to San Diego and return by naval vessels and entirely
without cost to us. But our good fortune did not end
there. Permission had been received from the Chief of
Coast Artillery to locate the eclipse expedition within
the military reservation at Point Loma, San Diego. On
arrival in California we were amazed to find that
officers' quarters were provided for us at Point Loma
and entirely without cost. No hotel bills were necessary
for our living and the total expense consisted of one
dollar per day per person for meals. Even our transportation
within the state of California was almost without
cost for we bought an automobile, used it for six weeks
of our stay and sold it again for the price paid for it.

In addition to myself the expedition
consisted of Dr. L. G. Hoxton, Professor and Mrs. H. T.
Stetson of Harvard, my wife and son and several persons
living in California.

The instruments have all been returned
and have been received at the Naval Observatory without


327

loss or breakage.

It is greatly to be regretted that
clouds in "sunny California" prevented the securing
of any results of scientific value. Nevertheless the
expedition should not be looked upon as a total loss
for the reason that the good name of the University
of Virginia was widely and favorably advertized throughout
the length and breadth of the United States.

Due to reasons stated above, the
expedition cost much less than was expected. In fact
the total cost was only $1500. This money was spent to
defray the travel and subsistence of Hoxton and myself
(all other members of the expedition paid their
own expenses) and the necessary expenses of equipment,
etc., connected with such an expedition. A balance of
$1500 is thus on hand from the original $3000.

The next total eclipse to be
observed will be that of January 24, 1925, the last total
eclipse to be visible in the United States for the next
fifty years. This eclipse will be visible in New York
State and in New England. In fact the great City
of New York will be on the edge of the track of totality
up-town New York will see the total eclipse while downtown
New York will not see the corona. In view of the
fact that this eclipse will take place so near at home
and so close to the centers of great population of the
country it would be well that the University of Virginia
be represented in the eclipse field.

The 1925 eclipse will make my
sixth total eclipse. My book on "Eclipses of the Sun"
has made me one of the recognized authorities on eclipses
and I have been elected by the American Astronomical
Society their chairman of the committee on eclipses to
look after the 1925 phenomenon.

I am requesting the Leander McCormick
family for permission to use the unexpended portion
of the eclipse grant for the purpose of sending an
expedition to the 1925 eclipse. I herewith make a similar
request of the Board of Visitors. Its original grant of
of $1000 will thus help to finance two expeditions instead
of one.

Expressing to you my great appreciation
of the generous spirit of the Board in granting
the large sum of one thousand dollars for research in
pure science, and trusting that the Leander McCormick


328

Observatory may have an expedition to observe the 1925
eclipse, I am,

Respectfully yours,
S. A. Mitchell,
Director McCormick Observatory.

A letter from the Jefferson Society to President Alderman
offering to loan a portrait of Thomas Jefferson, by
Thomas Sully, now in possession of the Jefferson Society,
to the University of Virginia, under certain conditions, was
read and the offer accepted.

Dr. Edwin A. Alderman,
President of the University of Virginia,
University, Va.
Dear Dr. Alderman:

Your letter of the eleventh was duly
received. I went over this morning to see Mr. Bradford
about the transfer of the portrait of Jefferson in the
Colonnade Club to Jefferson Hall. With the assistance of
the janitor there, I hung the picture where Sully's
Jefferson formerly hung.

We have ordered the plate for the Sully
portrait which will soon be in condition to be hung in
the Rotunda.

I regret that this matter has been extended
over such a period of time, but the formal adoption
of the transfer by the Society necessitated the delay.

Respectfully yours,
J. A. J. Tyler.
The President,
University of Virginia.

The Jefferson Society has now in its possession
a portrait of Thomas Jefferson by Thomas Sully purchased
some seventy years ago by the Society for the sum of
approximately five hundred dollars.


329

Recognizing that this portrait is
highly valuable and that its present position in the
hall of this Society is precarious at this suggestion of
the President of the University the Society has
determined to lend it to the University of Virginia
for safe-keeping and display.

In making this loan the Society desires
to emphasize the following conditions:

  • 1. The picture is lent with the understanding that
    it is to be hung in the Rotunda. Its removal
    from the Rotunda for any purpose shall be subject
    to the approval of the Jefferson Society.

  • 2. The picture is lent as a unit of portrait, frame
    and explanatory plate.

  • 3. The picture shall continue to be the unrestricted
    property of the Society and subject to recall
    at any time.

  • 4. The Society understands that it is to receive
    as a loan the portrait of Jefferson, now hanging
    in the Colonnade Club to remain in its custody
    during the absence of the Sully portrait.

  • 5. Copies of this communication are to be inserted
    in the minutes of the Board of Visitors of the
    Board of Visitors of the University and in the
    minutes of the Jefferson Society. A third copy
    is to be placed in the hands of the Librarian.

The above conditions shall be regarded as accepted by all
concerned when the signatures of the President of the University
and representatives of Jefferson Society have been
affixed.

Edwin A. Alderman, President
J. A. J. Tyler,
Geo. Dandridge Gibson
O. Arthur Kirkman, Jr.

A letter from Dr. John L. Manahan asking approval of the
Rector and Visitors of the announcement of the work leading
to the degree of Bachelor of Science in Health Education and
Bachelor of Science in Physical Education, was read and the
programs approved.

A communication from John Armstrong Chaloner enclosing
copy of Resolution of Thanks, adopted by the Community League


330

of Roanoke Rapids, N. C., for the donation of land owned by
the University of Virginia in Roanoke Rapids, was read and
ordered filed.

The request of the University of Virginia Rifle Club
for permission to use the old "Barracks" for a rifle range
was considered and approved.

The matter of revoking an agreement between Paul G.
McIntire and the United States Trust Company of New York,
covering the endowment funds held by them in trust for the
University of Virginia, and the execution of a new agreement
covering this trust was disposed of in the following resolution.

RESOLVED, by the Rector and Visitors of the University
of Virginia that the Rector is authorized and directed
to sign a revocation of the original trust agreement
between Paul G. McIntire and the United States Trust
Company of New York, dated December 5, 1923, covering
funds held in trust for the University of Virginia,
and to execute a new agreement covering this trust,
and the Secretary directed to spread copies of the revocation
and new agreement on the minutes of this
meeting. (See below—Agreement).

Several members of the Kappa Alpha Fraternity appeared
before the meeting to petition for change of the Board's
grant of site for a fraternity house, heretofore made them on
McCormick Road, to a location on Carr's Hill. Upon hearing
the several petitioners a motion duly made and seconded, was
adopted reconsidering the former action of the Board in said
matter. Following this action a motion, duly made and seconded,
was adopted, referring the question of change of location
of the site to Carr's Hill to a committee consisting of the
Chairman of the Grounds and Buildings Committee and Messrs.
Scott and McIntire for consideration and report at the April
meeting.

Mr. Scott reported that after a very careful consideration
of the matter of the disposition of sewage from the Memorial
Gymnasium, it had been found necessary to abandon the construction
of the proposed sewer line and to substitue tanks
and pumps and force the sewage up to the sewer line at a point
near the Chapel. The cost would be about $4,500 with an
approximate cost of operation of $25.00 per month. After
consideration of this report, the following resolution was
adopted:

RESOLVED, That the Committee on New Gymnasium be authorized
to expend not to exceed $4,500 in installing the necessary
sewage disposal for the Gymnasium, and


331

RESOLVED, further, that the Committee be and is
hereby given full power in the matter of accepting the
said Gymnasium and making final settlement with the contractors,
including the question of liquidated damages, provided
in the contract. (Offered by Oliver.)

The President reported that the construction of the
new wing to the Hospital had been completed, and, on motion,
the following resolution was adopted:

RESOLVED, That the Committee on Buildings and
Grounds be and is hereby authorized to accept the New
Hospital Wing from the contractors and to make final
settlement with them for same, including the matter of
liquidated damages.

IN THE MATTER OF THE MCINTIRE TRUST AGREEMENT

By an agreement dated June 23rd, 1922, Paul G. McIntire
transferred to UNITED STATES TRUST COMPANY OF NEW YORK
$160,000.00 par value United States of America Third Liberty
Loan converted 4-1/4% bonds and $40,000.00 par value United
States of America Fourth Liberty Loan 4-1/4% bonds in trust
for the uses and purposes set forth in said agreement, one
of which was that upon certain limitations therein set forth,
said Trust Company should pay the net income from said trust
fund to the University of Virginia to provide for certain
scholarships as set out in said trust agreement.

Since the execution of said agreement, the University
of Virginia has requested Mr. McIntire to make certain changes
in the trust therein set out with reference to said scholarships
and in compliance with said request Mr. McIntire has
executed a revocation of said trust agreement and also a new
agreement of trust, which new agreement is dated December
5, 1923.

In order that said new agreement may become operative,
it is necessary that the Rector and Visitors of the University
of Virginia unite with Mr. McIntire in the revocation
of the original trust.

An instrument revoking said trust and which is signed
by Paul G. McIntire was presented to the meeting by the attorney
for the University, copy thereof being attached to this
resolution. It is thereupon

RESOLVED: THAT the Rector is hereby authorized and
directed to sign said revocation on behalf of the Rector
and Visitors of the University of Virginia to the end that


332

the terms of the new agreement, a copy of which, signed by Mr
McIntire, was presented to the meeting and ordered spread as part
of the minutes, may become operative

REVOCATION OF ORIGINAL TRUST

THIS AGREEMENT made the fifth day of December, 1923, between PAUL
G McINTIRE of Charlottesville, Virginia, party of the first part,
UNITED STATES TRUST COMPANY OF NEW YORK, party of the second part, and
the TRUSTEES OF THE UNIVERSITY OF VIRGINIA, of Charlottesville,
Virginia, parties of the third part

    WITNESSETH

  • WHEREAS the party of the first part hereto by an indenture of
    trust dated the 23rd day of June, 1922, conveyed to the
    party of the second part hereto $160,000 par value United
    States of America Third Liberty Loan converted 4-1/4% bonds
    and $40,000 par value trust for the uses and purposes in
    said indenture of trust set forth, one of the said uses and
    purposes being that upon the death of Charlotte Virginia
    McIntire and Anna D McIntire, the party of the second part
    should pay to the Trustees of the University of Virginia
    the net income from said trust fund to provide for certain
    scholarships at the University of Virginia to be awarded as
    provided by said indenture of trust, and

  • WHEREAS the party of the third part hereto has requested the
    party of the first part hereto to revoke the said deed of
    trust and to execute a new deed of trust containing other
    provisions governing the awarding of scholarships and

  • WHEREAS the parties of the first and second parts are willing
    that the said deed of trust should be revoked and a new
    trust created provided they are released from all liablity
    on account of the said revocation and indemnification for
    any liability under the said deed of trust

NOW THEREFORE, in consideration of the mutual covenants herein
contained and of the sum of one dollar each to the others in hand
paid, the receipt whereof is hereby acknowledged, the parties hereto
hereby agree with each other as follows

The party of the first part hereby revokes the said indenture of
trust dated June 23, 1922 and acknowledges that he has received from
the party of the second part all of the property constituting the said
trust fund vis $160,000 par value United States of America Third
Liberty Loan converted


333

4-1/4% bonds and $40,000. par value United States of
America Fourth Liberty Loan 4-1/4% bonds. The party of the
second part consents that the said deed of trust be revoked and
the parties of the first and third parts agree that they will
indemnify the party of the second part from any claim, depts,
dues or demands whatsoever which may ever be made against
it by any person on account of its consent to the said revocation,
and the party of the first part further agrees that
he will immediately upon the execution of this agreement execute
a new deed of trust to the party of the second part containing
exactly the same provisions as the deed of trust of June 23,
1922, except the provisions governing the awarding of scholarships
as aforesaid, and that he will reconvey and deliver to
the party of the second part hereto the property hereby receipted
for.

IN WITNESS WHEREOF the parties hereto have executed this
agreement in triplicate the day and year first above written.

(Signed) Paul G. McIntire.
UNITED STATES TRUST COMPANY OF NEW YORK

BY:

Vice President.

NEW TRUST AGREEMENT

THIS INDENTURE, made this 5th day of December, in the
year One thousand nine hundred and twenty-three, between
PAUL G. McINTIRE, of Charlottesville, Virginia, party of the
first part, and UNITED STATES TRUST COMPANY OF NEW YORK,
party of the second part, WITNESSETH:

WHEREAS, the party of the first part desires to
create a trust fund for the use, support and benefit of
the persons hereinafter mentioned:

NOW THEREFORE, in consideration of the premises and
of the sum of one dollar by the party of the second part paid
to the party of the first part, the receipt whereof is hereby
acknowledged, the party of the first part by these presents
does grant, sell, transfer, assign and set over, unto the
party of the second part, its successors and assigns the
following property, namely:

   

334

   
$160,000  par value of United States of America 
Third Liberty Loan Converted 4-1/4% bonds. 
40,000.  par value of United States of America 
Fourth Liberty Loan 4-1/4% bonds. 

TO HAVE AND TO HOLD said property to the party of the second
part, its successor and assigns, in trust, however, for
the following uses and purposes, namely: To hold, manage,
and invest, and reinvest the same; to collect and receive
the interest, income and profits thereof, and, after
deducting all proper charges and expenses, to apply the net
income therefrom for the support and benefit of Charlotte
Virginia McIntire during her natural life by paying such
bills contracted on her behalf as may be directed by the
party of the first part during his life, or by a duly qualified
and appointed committee of said Charlotte Virginia McIntire,
or to pay said net income therefrom to said Charlotte
Virginia McIntire in the discretion of the party of the second
part, and upon the death of said CHARLOTTE VIRGINIA McINTIRE, in
trust, to hold, manage, invest and re-invest the same and
to pay the net income therefrom to Anna D. McIntire, wife
of the party of the first part during her natural life, and
upon her death, in trust, to hold, manage, invest and reinvest
the same and to pay the net income therefrom as
follows: One Thousand Dollars thereof each year to the then
Treasurer of Home Missions of the West Hanover Presbyterian
Church of Va., at Charlottesville, Virginia, to be used in
the regular work of said Missions and the balance of yearly
net income to the Trustee of the University of Virginia to
establish scholarships as follows:

The Albemarle County Scholarships: Six, three to be
filled each year, with a tenure of two years each, and
with a yearly income of three hundred dollars ($300.) each.
Each encumbent of such scholarship must be a male graduate of
an accredited public high school in Albemarle County; and
must enter upon his incumbency the year after his graduation
from high school. The method of filling these scholarships
is to be determined by the authorities of the University of
Virginia.

Charlottesville Scholarships: Four, two to be filled
each year, with a tenure of two years each, and with a yearly
income of three hundred dollars ($300.) each. Each incumbent
of such scholarship must be a male graduate of an accredited
high school of the City of Charlottesville, and must enter upon
his incumbency the year after his graduation from high school.

Virginia Scholarships: Ten, five to be filled each year,
with a tenure of two years each, and with a yearly income of
three hundred dollars each. The authorities of the University
of Virginia may distribute these scholarships at their discretion
within the State of Virginia.


335

Holders of any of the above named three group of scholarships,
namely, The Albemarle County Scholarships, Charlottesville
Scholarships, and Virginia Scholarships, will not be required
to render teaching or other University service in return
for their emoluments.

McIntire Fellowships: Nine, three to be filled each
year, with a tenure of three years each and with a yearly
income of five hundred dollars ($500.) each. The method of
selecting the incumbents is to be determined by the authorities
of the University of Virginia.

McIntire Loan Funds: The sum of One thousand five hundred
dollars ($1,500) annually is to be used as a loan fund for helping
students of marked excellence who are in need of financial
assistance. This fund is to be distributed under the general
regulations of the University of Virginia regarding loans.

In case there is any reduction of the income from the
foundation of the McIntire Scholarships, Fellowships and
Loan Funds, such reduction or loss is to be distributed pro rate
between the Virginia Scholarships and the McIntire Fellowships.

The party of the second part is hereby expressly relieved
from any obligation to establish any sinking fund in order
to restore to the principal of the trust estate any premium on
any investments made by the party of the second part.

It is understood and agreed by and between the parties
hereto that the commissions of the party of the second part
for the execution of the trusts hereby created are fixed at
one per centum of the par value of the principal of the trust
estate hereby transferred, to be retained by it upon the
termination of this trust, in whole or in part, and two and
one-half per centum upon the interest and income received
by it from the said trust estate, and paid over in accordance
with the provisions of this deed, said two and one-half per
centum to be deducted from such income at the time of such
payment.

The party of the second part hereby accepts the trusts
hereby created and covenants that it will faithfully perform
and discharge all of the duties of its office as such trustee.

IN WITNESS WHEREOF the parties hereto have executed this
instrument in duplicate the day and year first above written.

Sealed and delivered in presence of: (Signed) Paul G. McIntire

UNITED STATES TRUST COMPANY OF NEW YORK

By
Vice President


336

On motion the meeting then adjourned.

[signed] C. Harding Walker
Rector
[signed] E. I. Carruthers
Secretary