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 | Board of Visitors minutes October 8, 1948 |  |
The regular monthly meeting of The Rector and Visitors of the University of Virginia was
held on this date at 10 o'clock in the Office of the President of the University of Virginia, Charlottesville,
Virginia, with the fellowing present: The Rector, Edward R. Stettinius, Jr.; President
Colgate W. Darden, Jr., of the University of Virginia; Visitors Anderson, Barksdale, Black, Gay,
Gravatt, Mears, and Wailes. Absent: Calcott, Carrington, Combs, Garnett, Miller, Trout, and Willis.
The minutes of the meeting of September 10, which had been copied and mailed to the members,
were approved.
ENROLLMENT
The President reported that the enrollment of the University stood at 4,893.
GIFT
The President announced the fellowing gift:
| Remainder of bequest from the Rucker estate, to be used for the Hospital, approximately |
$17,000.00 |
APPOINTMENT
The following appointment was ratified:
Dr. John R. Morris, Jr. as Instructor in Medicine, without salary from the University,
effective September 23, 1948.
VIRGINIA QUARTERLY REVIEW
The Board approved an increase in the appropriation for the Virginia Quarterly Review from
$2,500 to $4,500 for the fiscal year 1948-49.
BROOKS MUSEUM
A request from Professor Wilbur A. Nelson for permission to remove the mastodon and
dinosaur from Brooks Museum to allow more laboratory space was approved. The Secretary of the Board
was asked to investigate any stipulations set forth at the time the gift of the Brooks Museum was made.
MEETINGS OF BOARD AT MARY WASHINGTON COLLEGE
President Darden reported that, in accordance with action of the Board taken on 10 September
1948, he and President Combs of Mary Washington College had agreed that Board meetings would be held
at Mary Washington College in November, February and May.
LAMBETH PROPERTY
The President reported the execution and delivery of a deed conveying ten feet of land to
Mrs. . A. Lambeth, as authorized by the Board on 10 September 1948.
BUILDING PROGRAM
Approval was given by the Board of plans for an Addition to the Law School and for a Press
Building. The President reported that he is requesting the Governor to release funds for the Addition
to the Law School and for plans for the Academic Building.
NCAA REGULATIONS
The President reported receipt of a questionnaire from the National Collegiate Athletic
Association requesting information on our aid to athletes. He stated that this questionnaire was being
sent to all colleges and universities. The President requested permission to compile the data requested,
and asked that the Special Committee on NCAA Regulations sit with him to decide whether the
University should resign from the NCAA. A motion by Mr. Anderson was adopted requesting the Special
Committee on NCAA Regulations to study further the matter of participation in the NCAA before the
University withdrew from the organization, and to report to the Board at the next meeting.
Mr. Gay requested that the Board of Visitors be consulted prior to the signing of contracts
for football games.
ATHLETICS COMMITTEE
The Rector proposed the establishment of a standing Committee on Athletics, to consist of
three members of the Board. This proposal was approved, and the Rector appointed to the Committee
Messrs. Carrington, Chairman, Anderson and Gravatt. The Board conferred upon the Committee broad
powers to investigate the athletic policy of the University and to report to the Board from time to
time.
NAVY AWARD TO PRESIDENT
The Board congratulated the President on an award to be presented to him by the Navy next
month.
DEVELOPMENT FUND
Mr. Anderson presented a report on the Development Fund, showing total receipts to
October 3, 1948 as $1,022,433.48 and total disbursements to the same date as $235,677.47. A budget
for the period from October 3, 1948 to January 1, 1949 was approved in the amount of $17,975.10 by
the Board.
Mr. Anderson presented for consideration of the Board copy of a resolution adopted October 6,
1948 by the Executive Committee of the Development Fund.
RESOLVED, That the Executive Committee of the University of Virginia Development Fund respectfully
suggest to the President of the University that he initiate a survey of all Publicity and
Public Relations undertakings now being carried on at, for and by the University. This would include
publications of the Department of Education, of the Medical School and of the Law School, the
Athletic Department, the Alumni Association, Cavalier Daily, Corks and Curls, and all other student
or University publications, as well as any special bulletins or publications that may be published
from time to time by specific groups, such as the Medical Alumni and Law Alumni, the "Board of
Aldermen" of the Library, Tracy W. McGregor Library.
This survey would include a study of the cost involved, the source of the funds, the personnel
and authorization of publications and the distribution involved.
The President stated that it would be impossible at this time to make such a survey.
It was suggested that the Development Fund might finance such a survey, and the President stated
that he would make available any records of the University needed for that purpose.
TRUSTEES OF DEVELOPMENT FUND
Mr. Anderson reported the appointment by the Executive Committee of the Development Fund
of the following Trustees of the Development Fund:
C. Francis Cocke
Charles A. Ferguson
Joseph M. Hartfield
William S. Hildreth
Arthur J. Morris
Buford Scott
J. Brockenbrough Woodward
Roanoke, Virginia
Newport News, Virginia
New York, N. Y.
Charlottesville, Virginia
New York, N. Y.
Richmond, Virginia
Newport News, Virginia
The Board approved a proposal by the Executive Committee of the Development Fund to amend
the report of the Special Committee, appointed by Admiral Halsey, to the Executive Committee of the
Development Fund, as adopted by the Board of Visitors on 13 February 1948. The amendment deletes the
phrase "But in the absence of any such agreement, all of such income shall be paid over to the Bursar
to be expended as the Board of Visitors of the University of Virginia may direct," substituting
therefor the phrase "But in the absence of any such agreement, all of such income shall be accrued
until such time as there be joint agreement and used exclusively for the benefit of the University of
Virginia". The report, as thus amended and adopted by the Board of Visitors is as follows:
The University of Virginia Development Fund
Charlottesville, Virginia
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 successors,
appointed by the aforesaid deed of trust of February 15, 1908, have been fully preserved, it
having been expressly provided in the amendment of September 9, 1933, that -
"It (the Alumni Board) shall hold, manage, invest and expend, the funds
raised or hereafter to be raised, or any gifts or grants heretofore or
hereafter made by will, deed or otherwise, to it, or to the Alumni
Association for the use and benefit of the said Board of Visitors of
the University of Virginia under the terms of this charter."
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 gifts or grants to the objects or purposes designated by the donor or grantor, but
when no direction, condition or limitation is attached to the gift or grant, the corporation shall
hold the same with full power to invest and reinvest in accordance with the discretion of its
Trustees, and the income from any and all funds at any time held by the corporation shall, except
as otherwise specifically required and provided by the donor or grantor, be applied 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 annual
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 of such income shall be accrued until such time as there be joint agreement and
used exclusively for the benefit of the University of Virginia; 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.
Chairman
STUDENT COUNCIL
The President stated that he had received a report from the Student Council in which the
Board was requested to reconsider the prohibition now in effect against having women visitors in
rooms on the Lawn and Ranges and in dormitory buildings. The Board accepted the report.
GENERAL REPORT OF THE STUDENT COUNCIL
TO THE
PRESIDENT OF THE UNIVERSITY OF VIRGINIA
Steps Taken by Council
I. Student Committee
This committee is to function at all athletic and social events, and student gatherings of
every nature. These men are responsible to the Council for the maintenance of proper standards
of student conduct. Offenders are to be reported to the Council and given a hearing, and disciplinary
measures are to be imposed by the Council.
II. Publicity
a. Talks to fraternities
Realizing that the social fraternities are the largest organized group at the University,
the members of the Council met with each fraternity individually on 22 September 1948, explaining
the Council's assumption of responsibility for student conduct, and asking cooperation
and support. The various Council members endeavored to answer any questions pertaining
to this plan, and any others pertaining to Student Government at the University.
The Council expects to continue to make these talks to various other organizations in the
future.
b. Other Publicity
On September 16, 1948, the Student Council published in the Cavalier Daily an open letter
to the student body, explaining the disciplinary powers of the Council (see inclosure).
A similar letter was published on September 24, explaining the functions of the Student
Committee. As a supplement to this, a news item was also published on September 24,
explaining the Student Committee (see inclosure). In addition, on September 23, the
Council published a general review of its meeting of September 21 (see inclosure).
Steps Contemplated by Council
I. The Student Council will hold the Interfraternity Council strictly accountable for the observance
by the social fraternities of the University's rules governing conduct in fraternity
houses. In addition, the Council will hold other organizations responsible for conduct at
such social functions as these organizations may sponsor.
II. The Student Council during the coming year will undertake an intensive program of publicity,
with a view toward building up student support and sentiment in favor of the improvements of
standards of deportment.
Recommendations
The Student Council earnestly recommends two changes in University regulations:
a. Permitting women visitors in rooms on the Lawn and Ranges and in dormitory buildings
during certain hours. The Council feels that as there are practically no recreational
facilities provided by the University for the major part of the student body, there is a
real need for some place where students can entertain visitors. The Council believes
that if a suitable arrangement could be made, such regulations could be enforced by the
dormitory counselors.
b. The abolition of the rule requiring chaperones in fraternity houses. This recommendation
is not made because the Council feels that chaperones per se are objectionable, but principally
because of the practical difficulty in obtaining a sufficient number of chaperones.
There are 27 fraternity houses on the Grounds, at which chaperones are required two nights
a week. In a city the size of Charlottesville, it is extremely difficult - if not impossible
- to obtain 54 chaperones each week. As an alternative to this, the Council
recommends that the University devise some plan to furnish chaperones, or at least to
assist fraternities in procuring them.
Conclusion
The Council feels that it should state that it cannot accept responsibility for the apprehension
of students guilty of isolated instances of student misconduct off the Grounds of the University.
However, the Council wishes to make it clear that it will discipline any students brought before
this body for such incidents. Furthermore, the Council will endeavor to prevent such cases by
attempting to build up student sentiment against such misconduct.
MARY WASHINGTON COLLEGE MATTERS
CONTRACT WITH VETERANS ADMINISTRATION
The President called the attention of the Board to a resolution adopted by this Board at
its meeting of February 14, 1947, by which Morgan L. Combs, President of Mary Washington College
of the University of Virginia, was authorized to execute, in the name and on behalf of The Rector
and Visitors of the University of Virginia, a contract between said Mary Washington College of the
University of Virginia and Veterans Administration, providing for instruction during the period
from September 1, 1946, to June 30, 1947, inclusive, of Veterans who are approved by the Veterans
Administration as entitled to Vocational Rehabilitation Training under Public Law 16, 78th Congress,
and to furnish books, tools, equipment, etc., necessary for the satisfactory pursuit of the
courses being given, and, by said resolution, E. I. Carruthers, Secretary of said The Rector and
Visitors of the University of Virginia, was instructed to affix the corporate seal of The Rector
and Visitors of the University of Virginia to said contract and to attest the same. And that said
contract be and is adopted as a contract of The Rector and Visitors of the University of Virginia.
It will be observed that this resolution provides for the execution of a specific contract for the
session 1946 and 1947. This Board is advised that other contracts of a similar nature between the
University and the Veterans Administration will be necessary for sessions subsequent to the session
of 1946 and 1947, and that it is desirable to have one resolution which will authorize the execution
of these contracts in such subsequent years without specific action of this Board as to each
contract.
It was, thereupon,
RESOLVED that Morgan L. Combs, President of Mary Washington College of the University of
Virginia, said College being a department of The Rector and Visitors of the University of Virginia,
a Virginia corporation which owns and operates the University of Virginia, and said Mary Washington
College, be and is hereby authorized and directed in the name and on behalf of said Mary Washington
College of the University of Virginia, to execute any contract or contracts between said College and
Veterans Administration that may be approved by him and which will provide for instruction of
Veterans who are approved by the Veterans Administration as entitled to training under Public
Law 346 or to Vocational Rehabilitation Training under Public Law 16, 78th Congress, and any amendments
thereof, and to furnish books, tools, equipment, etc., necessary for the satisfactory pursuit
of the courses to be given; the terms under which said Veterans are to be accepted by the College
to be fully set out in each such contract.
And Vincent Shea, Secretary of this Board, is hereby instructed to affix the corporate
seal of The Rector and Visitors of the University of Virginia to said contract, and to attest the
same. And said Morgan L. Combs, President as aforesaid, and Vincent Shea, Secretary, shall report
their actions under this resolution to the next meeting of this Board succeeding the execution and
delivery by them of any such contract.
And a copy of each such contract shall be filed with the minutes of the meeting of this
Board to which such report is made.
There being no further business to come before the meeting, the same was adjourned after a
motion to that effect had been made, seconded, and carried.
Rector
Secretary
| Board of Visitors minutes October 8, 1948 | |