University of Virginia Library

RESOLVED that the Rector and Visitors of the University of Virginia accept the offer of the
James River Garden Club in support of a request to The Garden Club of Virginia by the Board
to use the proceeds of Garden Week to restore the grounds of the University in cooperation
with and with the approval of the Committee on Buildings and Grounds of the Board of Visitors;
and be it further -

RESOLVED that the President write to Mrs. Daniel C. Sands, Middleburg, Virginia, President
of The Garden Club of Virginia, and to Mrs. Walter S. Robertson of the James River Garden
Club, and request the Garden Club of Virginia to use the proceeds of Garden Week for improvement
of the grounds of the University of Virginia.

The Finance Committee respectfully represents that it has received a schedule of the estate
held by the Safe Deposit and Trust Company of Baltimore, Trustee, under Item 6 of the will of Evelyn
M. B. Tiffany, showing the estate on hand June 22, 1947 which was the date of the death of Florence B. B.
Turlington, the changes which have since taken place, the proposed partial distribution to the University
of Virginia, and the balance of estate retained by the trustee to provide for the remaining annuities;
that your committee has carefully considered this proposed distribution and approves of it in every respect.
In addition, there was exhibited to the committee by W. Allan Perkins, attorney for the University,
the form of receipt which the trustee in this trust, the Safe Deposit and Trust Company of Baltimore,
desired the President of the University to execute in return for delivery to him of the securities proposed
to be distributed to the University, and that this form of receipt has been approved by your committee.

There is attached hereto the schedule above referred to and the form of receipt approved.

SCHEDULE OF ESTATE HELD BY SAFE DEPOSIT AND TRUST COMPANY OF BALTIMORE, TRUSTEE UNDER
ITEM 6 OF WILL OF EVELYN M. B. TIFFANY, SHOWING THE ESTATE ON HAND JUNE 22, 1947, DATE
OF DEATH OF FLORENCE B. B. TURLINGTON, THE CHANGES WHICH HAVE SINCE TAKEN PLACE, THE
PARTIAL DISTRIBUTION TO THE UNIVERSITY OF VIRGINIA AND THE BALANCE OF ESTATE RETAINED
BY THE TRUSTEE TO PROVIDE FOR THE REMAINING ANNUITIES.

---

29

---

30

KNOW ALL MEN BY THESE PRESENTS: That whereas by Item Sixth of the Last Will and Testament of
Evelyn May Bayly Tiffany, which Will was duly probated in the Orphans' Court of Baltimore City and is
of record in the Office of the Register of Wills of said City in "Wills" Liber E.R.D. 164, folio 331,
she gave to the Safe Deposit and Trust Company of Baltimore upon trust so much of her estate as might
be necessary, in its opinion, to provide for the payment of the following annuities over and above all
taxes (excepting income taxes) and other charges against said fund, which annuities she directed said
Trustee to pay in quarterly installments, accounting from the date of her death during the life of each
annuitant, apportioning same to the date of the respective deaths of said annuitants, viz:

---

31

and said Will provided upon the death of each of said annuitants, other than Florence B. B. Turlington,
the annuity payable to the said annuitant so dying should be paid to the said Florence B. B. Turlington
during her life, so that her annuity of $2,000. should be increased from time to time by the amount
paid to the annuitants predeceasing her, and said Will further provided that if the said Florence B. B.
Turlington should survive all of the other annuitants, then upon her death, the trust fund should fall
into the residue of the testatrix's estate, but should she die during the life of any of said annuitants,
then there should pass into the residue of the Testatrix's estate, upon the death of any annuitant,
including the said Florence B. B. Turlington, so much of the principal of the trust fund as might
be estimated by said Trustee to have produced the annuity paid to the annuitant so dying; and

WHEREAS by Item Seventh of said Will, the Testatrix devised and bequeathed the residue of her
estate to the undersigned, with the request that it use the income for the support of Fellowships for
persons from Northampton and Accomac Counties - said Fellowships to be known as "The Thomas Henry Bayly
Fellowships" and "The Evelyn and Louis McLane Tiffany Fellowships" and to be in Academic, Law and
Medical Schools, and should there at any time be any vacancies in said Fellowships not availed of by
persons from either of said Counties in Virginia, they may be awarded to persons from other portions
of Virginia, or from the State of Maryland; and

WHEREAS the said Florence B. B. Turlington died June 22, 1947, and the following annuitants
who had received the following annuities, predeceased her, viz:

so that at the time of her death, the said Florence B. B. Turlington was receiving a total annuity of
$6,000.; and

WHEREAS by reason of the death of the said Florence B. B. Turlington, it is now possible for
the Trustee to make a distribution of a portion of the assets of said trust estate, after reserving
sufficient which, in its opinion, will produce income sufficient to pay the remaining annuities; and

WHEREAS there has been submitted to and approved by the undersigned, a schedule showing the
assets of the trust estate in the hands of said Trustee as of June 22, 1947, the date of death of the
said Florence B. B. Turlington, the changes since, the retention of certain securities, the income from
which is to be used in paying the remaining annuities, and the distribution of the balance of the estate
to the undersigned; and

WHEREAS, as shown by said schedule, there were distributed to the undersigned on account of
said trust estate, the following securities, viz:

which securities said Trustee has transferred and delivered to the undersigned, the receipt of which
it doth hereby admit and acknowledge, and agrees to use the same in accordance with the provisions of
the Will of said Testatrix above set forth; and in consideration thereof, it doth hereby Release,
Acquit, Exonerate and Discharge the said Safe Deposit and Trust Company of Baltimore and its successors
of and from all and every action, suit, claim, or demand which could or might possibly be brought exhibited
or prosecuted against it, them, or any of them, for or on account of said securities or the
payment thereof, hereby declaring itself fully satisfied, contented and paid as above specified.

IN TESTIMONY WHEREOF, the said body corporate hath caused this Release to be subscribed by
the President thereof, and its corporate seal to be hereto affixed, this ___ day of _____,
nineteen hundred and forty-eight.

ATTEST:
____________________
Secretary

THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA

By_________________________
President

Executed in duplicate. STATE OF VIRGINIA, COUNTY OF __________, TO WIT: BE IT REMEMBERED, and it is hereby certified that on this ___ day of __________, 1948,
before me, the subscriber, a Notary Public of said State in and for said County, personally appeared
_______________, President of the UNIVERSITY OF VIRGINIA, which executed the foregoing
Instrument, and acknowledged the same to be its corporate act and deed. [Description: WITNESS my hand and official seal.]

_________________________
Notary Public

The Inter-fraternity Council of the University of Virginia respectfully represents unto The
Rector and Visitors, the following:

(1) That the Inter-fraternity Council is a voluntary association of the Greek Letter social
fraternities of the University deriving its authority under and by virtue of a constitution adopted by
the Greek Letter social fraternities and approved by the Dean of the University, a copy of which is now,
and has been for several years past, on file in the Dean's office. A copy is also hereto attached;

(2) That Article III, Sections 1-7 of said constitution cover the powers granted to Your
Petitioner or its Governing Board to control the Greek Letter social fraternities at the University,
and, more specifically, to act upon cases that involve the breaking of rules governing conduct in fraternity
houses;

(3) That in view of the fact that said constitution had been approved by the Dean of the
University, Your Petitioner believed it was its duty to make and enforce rules governing conduct in fraternity
houses, the actions of Your Petitioner, in this regard, being subject, of course, to the approval
of the Administrative officers of the University and of the Rector and Visitors;

(4) That Your Petitioner recognizes the necessity of proper rules governing conduct in fraternity
houses, and it is the earnest desire of Your Petitioner that proper rules be adopted to assure
such conduct;

(5) Your Petitioner respectfully calls to the attention of The Rector and Visitors that the
rules governing conduct in fraternity houses approved by resolution of the Board on the 12th day of
December, 1947, places the duty of enforcing such rules, not upon Your Petitioner who has the power and
authority by virtue of its constitution, to enforce such rules and to punish infractions thereof, but
upon the officers of each fraternity who are in no position to punish infractions of such rules. This
will result, in Your Petitioner's opinion, in the burden of enforcement falling upon the administrative
officers of the University.

Your Petitioner further is of the opinion that the only practical and satisfactory method of
enforcement of rules of conduct in fraternity houses is by self government and not through action by the
administrative officers of the University and that it will constitute a step backward in student self
government to take away from Your Petitioner its jurisdiction in this regard.

(6) It is further the earnest desire of Your Petitioner that rules of conduct be established
that will constitute standard rules which in the main will remain unchanged from year to year and which
will be susceptible of enforcement.

(7) Your Petitioner, while it realizes that The Rector and Visitors has already given careful
thought and consideration to the question, believes that the Board did not have before it all of the
necessary facts having to do with enforcement of rules of conduct in the past, and that the Board possibly
did not foresee the unfortunate consequences that may occur as a result of the rules in their present
form.

Your Petitioner therefore requests that the Board reconsider its previous action in regard to
such rules of conduct and that Your Petitioner be granted the privilege of presenting to the Board its
views upon jurisdiction to enforce rules of conduct and upon modification of the present rules.

The Fraternity Advisors Association, organized in September of 1947, presents its respects
to the Rector and Visitors of the University of Virginia.

The Association was organized for the main purposes of cooperating with the University
Administration and the fraternities on matters of common interest to both and, acting as a group
rather than only as individuals, in advising the fraternities on matters of proper interest to all of
them. The Association is composed of University Alumni, residents of Charlottesville and Albemarle
County, who are members of the faculty, professional and business men, of mature age and experience.
There is one representative for each fraternity and a few alternates.

We have studied with care the rules adopted by the Board on December 12, 1947, dealing specifically
with visiting hours for ladies in fraternity houses. We have discussed their effect with
representative undergraduates and have arrived at grave doubts as to their workability in some respects,
under present conditions. On this account we beg to submit some observations and conclusions on this
subject.

The provisions of section (3) and (4) of the rules as previously adopted fail to take into
consideration the case of mother, wife, or sister of a member. It would seem proper that a mother,
wife, or sister of a member should be allowed to visit a fraternity house at hours other than those
specifically allowed, provided, of course, she is accompanied by such member.

---

35

A number of the fraternities, due to the high cost of food and the lack of a sufficient number
of suitable eating places are serving meals. Colored women are employed as servants. To apply the
rules as they presently exist to such servants seems unnecessary and certainly not within the real meaning
of the rules.

It is therefore suggested that mothers, wives, and sisters of members, when accompanied by
such member be excepted from the application of the rules and that domestic servants be excepted.

The provisions of section (5) limits the presence of women in fraternity houses to 1:00 a.m.
provided chaperons approved by the Dean of Students are present. This provision fails to take into
consideration the fact that some of the authorized University dances are not over until after 1:00 a.m.
and that some of them may be held on nights other than Friday or Saturday. The girls from college and
boarding schools who are permitted to attend these dances are allowed by their school authorities one
hour after the dance ends in which to reach the place where they are staying. It would seem preferable
that the girls who attend the University dances have a place to go with their escorts which will be
under proper chaperonage rather than be left to the uncertainties of unchaperoned parked cars, road
houses and tourist camps. It is therefore suggested that the rule limiting the time to 1:00 a.m. be
slightly relaxed on nights of authorized University dances to include one hour after the dance ends,
provided the Administration is assured that proper chaperonage will be maintained.

The provisions of Section (5) further limit the 1:00 a.m. time to Fridays and Saturdays.

It is pointed out that there are official University holidays such as Founders Day, Thanksgiving
Day, etc., which do not necessarily fall upon a Friday or Saturday and that it would seem proper
that members of a fraternity could entertain on such a holiday or upon the night preceding such a holiday.
It is therefore suggested that Section (5) be further slightly modified to take care of such
eventualities and for others that cannot now be foreseen by providing that on special occasions, upon
application made to the Dean of Students, at least twenty-four (24) hours in advance, the Dean may extend
the night hours until 1:00 a.m., provided proper chaperonage is maintained.

Section (6) provides that the officers of each fraternity shall be held responsible for enforcing
the rules.

It is submitted that, with the best of intentions, the officers of a fraternity are in no
position to punish any infraction of the rules and that they would have no recourse but to report infractions
to the Administrative authorities. This puts these officers in an impossible position,
making policemen of them for the benefit of the Administrative authorities. Such a course of action
has never worked satisfactorily in any school or college and will not do so now. In the final analysis
the burden of enforcement as well as of punishment will fall upon the Administrative officers of the
University who, in turn, are not equipped to carry out the enforcement of these rules without the assistance
and cooperation of the students.

It would seem far preferable for the rules to be enforced and infractions punished by the
students themselves through a body which is sufficiently detached to punish infractions by the constituent
members. The Interfraternity Council occupies this position and in years past, with the
approval of the University Administrative officers, has undertaken to enforce rules of conduct and to
punish infractions of them. It, therefore, seems logical that this body now be made responsible and
that each fraternity, through its officers, be, in turn, responsible to the Council.

The suggested changes in the rules which have been outlined above are embodied in a set of
suggested rules prepared by a committee of this Association and submitted to the Interfraternity Council
for its approval.

The Association has further suggested to the Interfraternity Council that it be strengthened
and its prestige increased by amending its Constitution to require that the representative of each fraternity
to the Interfraternity Council be the President of such fraternity.

Much thought has been given to the rules governing conduct in fraternity houses. We feel
that the suggested changes are reasonable and that the rules with these changes will be enforceable.

In view of the present situation and the fact that representatives of the fraternities are
appearing before the Board on Friday, we thought it best that you be informed in some manner of the
desired plans of the Student Council.

Attached is a rather rough draft of the plans which we wished to discuss with you next week.
We felt that possibly these plans might have some effect on the Board's decisions.

As this is the only copy of the plan, we would appreciate its return to us.

The Student Council on behalf of the students formally protests the recent action of the
Board of Visitors in forcing a group of rules upon the student body without consultation with the students.

It has been rumored that the Student Council is to be responsible for the enforcement of
these rules and for the punishment of infractions. The Student Council wishes to inform the students
and the administration that it has no intention of enforcing any rules in the framing of which it has
had no voice. The Student Council is willing to accept the responsibility for student government if
the rules to be enforced are promulgated by the Student Council in cooperation with the administration
and the student groups concerned.

At a meeting of the Memphis Chapter of the University of Virginia Alumni Association, the
action of the Visitors in undertaking to codify and set up specific rules to regulate the gentlemanly
behavior of the Student Body was considered.

I, as the President, was directed to address this communication to the Visitors setting forth
the views of the Memphis Chapter unanimously expressed as follows:

I. We feel that it would be unfortunate indeed to take away from the Student Body or
in any way impair the long standing and traditional prerogatives of that Body to establish and to administer
its own code of gentlemanly behavior. We believe that any current difficulties could and will
be righted by the Student Governing Body.

II. We feel keenly the inappropriateness and the damage done to the University by the
publicity given to the resolution of December 9th.

The Memphis Chapter, as one of the largest Chapters in the Country and the Sponsoring Chapter
of more than sixty Memphis Students now at the University is prompted to this action by our pride in
and our devotion to those distinctive attributes which until now have always set the University apart
from and above any other institution of learning.

In view of the recent regulations passed by you concerning this chapter, it is requested that
you reconsider part of section three of your resolution. The part in question states, "That the four
members of the SPE fraternity directly involved or who had knowledge of the occurrence be prohibited
from living in the SPE house . . ."

It is the feeling of this chapter that to permit this regulation to go unquestioned would be
a betrayal of fraternal ideals which make our organization meaningful to us.

To us, this request has deeper implications than the casual reader may observe, for without
the sincere spirit of brotherhood, any fraternity would soon become a meaningless gathering of people.
We feel confident that you will consider this matter in the spirit in which we make this request.

The undersigned Committee, appointed by Chairman Halsey at the meeting of the Executive
Committee held September 11, 1947, to investigate and report upon the best method to be employed in
the handling and administration of funds obtained through the efforts of the Development Fund Campaign,
respectfully advises as follows:

I. The Committee is unanimously of opinion that the Alumni Association of the University of
Virginia is presently without power to constitute a new and separate Board of Trustees to hold and
administer funds that may now be obtaining through the efforts of the Development Fund Campaign. Its
reasons for entertaining this view are as follows:

The Society of Alumni of the University of Virginia was incorporated by an Act of the General
Assembly of this State, adopted February 6, 1873. By an amendment approved March 7, 1903, the name of
the Society was changed to the General Alumni Association of the University of Virginia. By Section
Seven of this Act, the Association was given "power to raise an endowment fund for the use and benefit
of the University, to be held by the Treasurer of the State, in Virginia registered century bonds, and
all funds belonging to said Association in excess of $1,000, and all those donated for the purpose of
building a public hall, shall be similarly invested and only disposed of as they may be deemed for the
purposes of the Association or the University." By Section Eight of the Act the Association was given
power to receive and hold property and donations passing by grant, conveyance, demise or bequest,
"under the general powers of endowment created in the Seventh Section of this Act . . ."

It is thus seen that under the charter of the Association at that time in effect any endowment
fund raised by it for the use and benefit of the University had to be held by "the Treasurer of
the State, in Virginia registered century bonds." Your Committee is informed that when the Association
interested itself in the raising of an endowment in 1907 and 1908 at least one large donor refused to
give funds which would be subject to the political control of the State of Virginia. The aforementioned
sections Seven and Eight of the charter of the Association were therefore amended as of December 5,
1907, so as to authorize the Association to appoint by deed of trust a Board of seven Trustees, to be
known and designated as "The Alumni Board of Trustees of the University of Virginia Endowment Fund."
It was provided that this "Board and its successors shall be perpetual and its duties, powers, rights,
privileges and responsibilities shall be irrevocable, to hold, manage, invest and expend the funds now
raised, or hereafter to be raised, or any gift or grant heretofore or hereafter made to the General
Alumni Association for the use and benefit of the University of Virginia under the terms of this
charter and the provisions of said deed of trust herein authorized to be executed, which deed shall
define the duties, powers, rights, privileges and responsibilities of said Board."

Pursuant to the foregoing provisions of the charter of the Association, as amended, it executed
on February 15, 1908, a deed to Joseph Bryan, Thomas Nelson Page, Thomas F. Ryan, Alexander P.
Humphrey, Charles J. Faulkner and Williamson W. Fuller, and Edwin A. Alderman, President of the University
of Virginia, ex officio, Trustees, to be known as "The Alumni Board of Trustees of the University
of Virginia Endowment Fund" transferring and conveying "all gifts, funds, moneys, investments or subscriptions
now made or which may hereafter be made, to the said Trustees for the use and benefit of
the University of Virginia," together with "all such grants, gifts, funds, moneys, investments, interest,
credit, bonds, notes, or subscriptions that may hereafter be made of every character or description
whatsoever, including income, revenues, issues and profits thereof, either directly to the Trustees,
parties of the second part, or to this Association for the benefit of the University of Virginia."

While the charter of the Association has since three times been amended, on August 4, 1922,
January 24, 1929 and September 9, 1933, the rights, powers and duties of the Trustees and their

---

40

It seems to your Committee, therefore, that title to any funds presently solicited by, or
obtained as a result of the efforts of the Alumni Association of the University of Virginia would necessarily
pass to "The Alumni Board of Trustees of the University of Virginia Endowment Fund" created by
the deed of February 15, 1908, and their successors presently in office. The execution of a further
or additional deed of trust at this time, whereby a new board of trustees would be created for the purpose
of receiving title to, possession and control of funds likely to be raised in the present campaign
would not, therefore, in the opinion of the Committee, be presently within the power of the Association.

II. In this situation a majority of your Committee, Messrs. Scott and Hildreth, are of opinion
that a new non-profit, non-stock corporation should be organized under the provisions of Chapter 151
of the Code of Virginia, to be designated as "The University of Virginia Development Fund," that there
be seven Trustees presently selected and named to manage the affairs and investments of the corporation,
and that the President of the University be at all times, ex officio, a Trustee of the corporation;
that the first seven Trustees be selected by this Executive Committee to serve for terms of one to seven
years, respectively, the term of each Trustee to be determined by lot after their selection by the Executive
Committee; that no Trustee drawing a term of more than three years shall be eligible for re-election
but that any Trustee drawing a term of three years or less shall be eligible for election for one
additional term of seven years; that the first seven Trustees be selected without reference to their
respective ages, but that all successor Trustees shall be of the age of 57 years or less, so that upon
the expiration of their respective seven year terms of service they would have attained an age of not
to exceed 65 years; that all successor Trustees be nominated by a majority vote of the Trustees then
in office, such nominations to receive the approval of the majority of the Board of Managers of the Alumni
Association of the University of Virginia in attendance upon any meeting at which the selection of a
successor Trustee shall come before the Board of Managers for consideration and action, that for each
vacancy the Trustees then in office shall nominate three persons, one of whom shall be selected by the
Board of Managers in the manner stated; that the charter of the corporation provide that all securities
held by it shall be placed in the possession, as custodian, of some trust company or bank having trust
powers, organized under the laws of the State of Virginia and/or of the United States and doing business
in Virginia, with capital, surplus and undivided profits of not less than $2,000,000.00, and that the
corporation may in its discretion employ the services of some corporation or individual, or duly accredited
officer of the University, as investment counsel; that the corporation shall apply faithfully the
principal and/or any income from any gifts or grants to the objects or purposes designated by the donor
or grantor, but when no direction, condition or limitation is attached to such gifts or grants, the
corporation shall hold the same with full power to invest and reinvest such principal and/or income in
accordance with the discretion of its Trustees who shall employ and apply such principal and/or income
to the needs of the University of Virginia after full conference with the President, Rector and Visitors
of the University, and upon agreement with them as to the expenditure of all or a part of such principal
and/or income, the corporation shall pay the same, or the part as to which an agreement has been reached,
to the Bursar of the University, to be expended as agreed upon, but in the absence of any such agreement,
all such principal and/or income shall be paid over to the Bursar to be expended as the Board of
Visitors of the University of Virginia may direct; that the corporation, acting through its Board of Trustees,
shall have the broadest investment discretion and special care should be taken in the preparation of
its charter to see that its powers are expressed in terms in conformity with modern investment practice.

If such development fund corporation is organized, Mr. Gay concurs in the statements in this
report as to the manner of its creation, the selection of its director-trustees and the manner in which
they and the corporation shall function, but reserves for further consideration any expression of opinion
upon the question whether, in the over-all interest of the University, it is wise and expedient to
create at this time a new agency for holding and administering funds procured through the conduct of the
campaign presently being undertaken.