University of Virginia Library

The regular monthly meeting of the Board of Visitors of The Rector and Visitors of the
University of Virginia was held on this date in the Office of the President of the University of
Virginia, Charlottesville, Virginia, with the following present: The Rector, Barron F. Black;
President Colgate W. Darden, Jr., of the University of Virginia; Dr. M. L. Combs, President of
Mary Washington College; Visitors Barksdale, Carrington, Garnett, Gravatt, Mears, Smith, Trout,
Wailes, and Willis. Absent: Visitors Anderson, Gay, and Talbott.

The minutes of the meetings of July 8, 1949 and July 21, 1949, which had been copied and
mailed to the members, were approved.

RESIGNATION OF GEORGE TYLER MILLER

Mr. George Tyler Miller, State Superintendent of Public Instruction and as such a
member ex officio of the Board of Visitors of the University of Virginia, resigned his post effective
August 31, 1949, to become president of Madison College.

GIFTS

The President announced receipt of the following gifts.

                               

From the American Cancer Society, in support of the research program of Dr. C. C. Speidel for the year 1949-50	$ 2,700.00
From the John and Mary R. Markle Foundation, a grant for the year 1949-50 in support of Dr. Preston B. Lowrance as a Scholar in Medical Science	5,000.00
From the Phi Delta Phi Fraternity, to be used for the Law School	357.90
From the estate of the late Leander J. McCormick, to be used for the School of Astronomy	1,065.00
From the U. S. Rubber Company, for a fellowship in Physics for the year 1949-50	1,500.00
From the United States Public Health Service, a cancer training grant for the year 1949-50	23,754.00
From the United States Public Health Service, for cancer research under Dr. Robert E. Lutz, for the year 1949-50	15,822.00
From Merck and Company, Inc., for a fellowship in Chemistry for the year 1949-50	1,800.00
From Miss Helen C. Mott, to be added to the building fund for the crippled children's home	100.00
From the Kiwanis Club of Charlottesville, for the purchase of children's invalid chairs	$ 150.00
From the estate of the late E. R. Funsten, to be used for cancer research	5,000.00
From Eli Lilly and Company, a one-year grant for research under Dr. Chalmers L. Gemmill	5,400.00
From the American Cyanamid Company, for a scholarship in Chemistry for the year 1949-50	1,500.00
From the United States Public Health Service, a grant for training in psychiatry for the year 1949-50	17,500.00
From the United States Public Health Service, for research under the direction of Dr. J. Edwin Wood, Jr.	9,568.00
From the estate of the late Malcolm Griffin, to be added to the endowment fund of the University	8,333.34

DEATH OF DR. FUNSTEN AND DEATH OF DR. BLACKFORD

Dr. Robert V. Funsten, Professor of Orthopedic Surgery, died July 25, 1949. He had been
on the staff of the University since July 1, 1932.

Dr. Staige Davis Blackford, Professor of the Practice of Medicine, died July 17, 1949.
He had been on the staff of the University since 1927.

RESIGNATIONS

The following resolutions were adopted

RESOLVED that the resignation of Mr. Henry Green Morgan, Assistant Professor of Music,
be and the same is hereby accepted, effective at the end of the session of 1948-49. We wish for
him the highest success in his new position at Vassar College.

RESOLVED that the resignation of Dr. William A. Mitchell, Assistant Professor of Political
Science, be and the same is hereby accepted, effective October 1, 1949. We wish for him the
highest success in his new position at the University of Massachusetts

RESOLVED that the resignation of Dr. Archie Thompson Dotson, Assistant Professor of
Political Science, be and the same is hereby accepted, effective October 1, 1949. We wish for him
the highest success in his new undertaking.

RESOLVED that the resignation of Dr. George Blocker Pace, Assistant Professor of English,
be and the same is hereby accepted as of August 20, 1949. We wish for him the highest success in
his new undertaking.

- - -

Upon recommendation of the President, the following elections and appointment were
approved

ELECTIONS

Dr. Lindley J. Stiles as Professor of Education and Dean of the Department of Education,
effective at the beginning of the session of 1949-50, at a session salary of $7,500 as Professor
and with an additional stipend of $500 per year for his duties as Dean

Dr. James C. Mace as Associate Professor of Electrical Engineering, effective at the
beginning of the session of 1949-50, at a session salary of $5,100. This is a replacement for
Dr. W. M. Breazeale.

Dr. James Norman Dent as Acting Associate Professor of Zoology for the session of 1949-50,
at a session salary of $4,800.

Mr. Fred Blanton as Acting Assistant Professor of Law for the session of 1949-50, at a
salary of $4,300

Mr. Harry Beresford Bateman Menagh as Instructor in Drama for the session of 1949-50, at
a salary of $3,000.

Mr. Kenneth Bley as Instructor in English at a session salary of $3,000, effective at
the beginning of the session of 1949-50.

Mr. John Anderson Myers, Jr., as Instructor in English at a session salary of $3,000 effective
at the beginning of the session of 1949-50

Mr. Arthur D. Code as Instructor in Astronomy at an annual salary of $3,000, effective
November 1, 1949.

Dr. Alfred R. Berkeley, Jr., as Instructor in Orthopedics, effective July 1, 1949, at
a salary of $2,000 from the University, plus $5,000 from departmental earnings.

Dr. Gordon Clark Gregory Thomas as Instructor in Neurology and Psychiatry for the session
of 1949-50, at a salary of $6,500 per year, to be paid from departmental earnings. This is
a one-year appointment to fill the vacancy caused by the resignation of Dr. Holland.

Dr. Glenn Claire Hall, Jr., as Instructor in Pharmacology for the session of 1949-50, at
a salary of $3,000.

Drs. Lee Goodrich Sewall, Albert E. Rauh, Marshall L. Fisher, and George I. Meyer, of the
staff of the Veterans Hospital of Roanoke, as Lecturers in Neurology and Psychiatry for the session
of 1949-50, without salary from the University.

APPOINTMENT

Captain George W. S. Kuhn, Jr., as Assistant Professor of Military Science and Tactics
in the Transportation Unit of the Army R.O.T.C., effective August 1, 1949, without salary from
the University. This is a replacement for Lieut. Keith D. Buck, who has been detached from the
unit

CHARLOTTESVILLE FILTER PLANT

Mr. W. Allan Perkins, Attorney for the University, reminded the Board of the fact that
by agreement dated April 1, 1922 the University leased to the City of Charlottesville for 99
years a tract of land on which is now located the City's filter plant, and that by a supplemental
agreement dated November 11, 1927, certain changes were made in the terms and conditions of the
original lease, and that by contract dated April 1, 1944, an additional lot of land was leased to
the City by the University so that the filter plant might be enlarged.

The City of Charlottesville is now engaged in materially enlarging its plant for filtration
of University and City water and desires to lease a small triangular piece of land owned by
the University which adjoins the property subject to previous leases on the north or northwest

Mr. Perkins presented a form of lease to the Board for its consideration and, upon
motion offered by Dr. Trout and seconded by Mrs. Wailes, the following resolution was adopted

RESOLVED, that Colgate W. Darden, Jr., President of the University, be and is hereby
authorized and instructed to execute the lease above referred to, and Vincent Shea, Secretary of
this Board, is instructed to affix the corporate seal and attest the same, and W. Allan Perkins,
Attorney for the University, is instructed to see that the lease is properly executed on behalf
of the City of Charlottesville, and, after such execution, is recorded in the Clerk's Office of
the Circuit Court of Albemarle County, a copy thereof being filed with the minutes of this meeting

LLOYD CHURCH ESTATE

Mr. Perkins, Attorney for the University, stated to the Board that the Eighth Article
of the Will of the late Judge Lloyd Church, of the City of New York, which was admitted to probate
in the Surrogate's Court for the County of New York on November 30, 1948, reads as follows

That Central Hanover Bank and Trust Company of New York, the Executor named in the will,
qualified as such and now desires to make payment of said legacy to the University, upon execution
and delivery by the University of a receipt and release, copy of which was presented by Mr.
Perkins to the meeting. The following resolution, proposed by Mr. Garnett and seconded by Mr.
Mears, was thereupon unanimously adopted.

RESOLVED, that Barron F. Black, Rector, be and is hereby authorized and directed to execute
said release in the form presented to the Board, and that W. Allan Perkins, Attorney for the
Board, is instructed to deliver said executed receipt to Central Hanover Bank and Trust Company
of New York, with instructions to send check for the Five Thousand Dollar legacy payable to
Vincent Shea, Bursar of The Rector and Visitors of the University of Virginia.

USE OF PORTION OF WEST MAIN STREET

Mr. Perkins, Attorney for the University, presented the following matter to the Board.

The Annexation Order entered by the Circuit Court of Albemarle, November 11, 1938 (see
Law Order Book 50, pp. 390-399) provides in part as follows:

The question has recently been raised as to whether the above use of the terms "West
Main Street" and "State Highway #250" includes the whole width of the road immediately to the
east of the Main Gate of the University or whether a triangular piece of this street immediately
to the east of the Main Gate and extending along the northeastern boundary of the University
grounds in a southeasterly direction from said Main Gate to the western side of the Chesapeake
& Ohio Railway bridge where it crosses said West Main Street, was intended to be excluded from
said description.

President Darden then made a statement to the Board in which he expressed the view that
from the standpoint of the University as well as from the City, it was quite important that this
triangular piece of land be treated as being within the jurisdiction of the City so that the
City's parking and traffic regulations might be enforced therein by City authorities.

Mr. Perkins then briefly outlined the conditions which attended the adoption by the
Court of the Phraseology quoted above in the Annexation Order of November 11, 1938, stating that
the phraseology as used was believed by counsel for all parties in interest and by the Court to
expressly include this triangular piece of the street within the jurisdiction of the City.

It was, thereupon,

RESOLVED, that upon advice of counsel, in the opinion of this Board the Annexation Order
above referred to, did not exclude from its operations the triangular piece of West Main Street or
State Highway No. 250 which lies immediately to the east of the University's Main Gate and extends
along the northeastern boundary of the University grounds in a southeasterly direction from said
Main Gate to the western side of the Chesapeake & Ohio Railway bridge where it crosses said West
Main Street, but the whole of said portion of said street or highway and the sidewalks thereon
were intended by said Annexation Order to be a part of the City of Charlottesville.

SEWARD ESTATE BONDS

Mr. Perkins, Attorney for the University, stated to the Board that upon settlement of the
estate of the late Dr. Walter M. Seward, the University received, among other securities, three
bonds of Margaret McComb Topham, Margaret Shultz McComb and David Wilkins McComb, one for $3,000,
one for $7,000, and one for $15,000, an aggregate of $25,000, all of which bonds were secured by
mortgage upon premises known as 303 Washington Street, New York City, the date of payment of said
bonds having been extended by an agreement between the makers and Dr. Seward, dated January 3, 1917,
to January 1, 1922.

Although interest had been paid regularly upon said bonds and by reason of these payments
the collection of said bonds was not barred by limitation, your Finance Committee felt that it would
be wise to have a new and formal extension agreement executed by Marcelle Hull Littell and Norris
Adams, Jr., the present owners of the mortgaged premises, and the University

With the aid of Mr. Walter V. Berwick, an associate of the law firm of Jackson, Nash,
Brophy, Barringer and Brooks, 15 Broad Street, New York 5, we have had such an extension agreement
prepared by which agreement the obligors agree and bind themselves to pay interest upon the principal
amount at 3% per annum instead of 5%, as heretofore, from July 1, 1949, and to pay the sum of $250.00
on October 1, 1949, and like sums of $250.00 quarterly thereafter on the first days of January, April,
July, and October of each year until the principal indebtedness has been reduced to the sum of
$12,000.00, at which time no further amortization shall become due, the full balance of $12,000 to
be due and payable on July 1, 1969, when the principal amount is reduced to $12,000.00 by payments
as above stated, interest shall be paid thereon at 5% until payment in full is made.

This contract has been executed by the said Marcelle Hull Littell and by Norris Adams, Jr.,
the obligors, in duplicate, and a resolution is now in order authorizing the execution of the contract
on behalf of the University.

Upon motion proposed by Judge Barksdale and seconded by Mr. Gravatt, it was thereupon unanimously
-

RESOLVED that Barron F. Black, Rector, be and is hereby authorized to execute said contract
in the name and on behalf of The Rector and Visitors of the University of Virginia, and acknowledge
the same, and Vincent Shea, Secretary of this Board, is directed to affix the corporate
seal thereto and attest the same, that both executed copies be then delivered to W. Allan Perkins,
Attorney for the University, who shall forward these copies to Messrs. Jackson, Nash, Brophy,
Barringer and Black, Attorneys, with instructions to deliver one copy to the said Marcelle Hull
Littell and Norris Adams, Jr., and to have the other copy recorded in the Office of the Register
of the County of New York, withdrawing said copy from said office after recordation and sending it
to Vincent Shea, Bursar of the University, to be by him filed and preserved in that office.

ALPHA HOME ASSOCIATION - CHI PHI FRATERNITY

Mr. Perkins, Attorney for the University, stated to the Board that Alpha Home Association,
a Virginia corporation, to whom the lot upon which the Chi Phi Fraternity House is located was
leased by a contract dated October 12, 1923, has had a contract prepared providing for the unpaid
balance of two debts of said corporation to the University, the first of which arose out of a loan
of $20,000 made to the corporation by the University October 18, 1923, and the second out of a
loan of $4,000 made to the corporation by the University July 7, 1925, each of said debts being
evidenced by bonds of the corporation held by the University and secured by deed of trust upon
the lease of the Chi Phi Fraternity House.

Said contract contains a recital to the effect that the balance of principal and interest
due upon these two debts, together with additional sums advanced by the University for insurance
premiums and for maintenance and repair to the Fraternity House amount to $17,500.00 as
of July 1, 1949, and under said contract said corporation binds itself to amortize said indebtedness
over a period of twenty-five years at 4% interest by payment of nine monthly installments of
$123.22 each on the first days respectively of October, November, December, January, February,
March, April, May, and June of each year after date, to be paid on the first day of each said
month from October 1, 1949, through June 1, 1974.

This contract has been properly executed by Harry Frazier, Jr., President of said Alpha
Home Association, Inc., and the contract in the opinion of your Attorney is in proper form for execution
by the University.

Upon motion offered by Mr. Carrington and seconded by Mr. Garnett, it was, thereupon,
unanimously -

RESOLVED that Colgate W. Darden, Jr., President of the University of Virginia, be and is
hereby authorized and directed to execute said contract in the name and on behalf of The Rector
and Visitors of the University of Virginia and Vincent Shea, Secretary, is hereby instructed to
affix the corporate seal and attest the same.

That when said contract has been so executed, one copy thereof shall be delivered to
Alpha Home Association and another copy shall be recorded by W. Allan Perkins, Attorney for the
University, in the Clerk's Office of the Circuit Court of Albemarle County

BUILDING PROGRAM

The President was authorized to accept bids on the Chemical Engineering Building and on
Dormitories if estimates are satisfactory to him and to the State Budget officials, and if the
Governor will provide the additional funds needed.

LOAN FUND FOR MILLER SCHOOL GRADUATES

The President stated that he had received a letter from Mr. Hunter Perry concerning a
surplus accumulated during the benefit period of the G.I. Bill of Rights in the Dominion Theaters

Scholarship Fund available to graduates of the Miller Manual Labor School. Mr. Perry suggested
that the surplus of $1,884.47 be turned over to the Bursar for use as a loan fund for disbursement
to graduates of The Miller School nominated by J. L. Lapsley, Superintendent, with whatever assistance
he may desire from Llewellyn Miller and himself, as an advisory committee. This suggestion
met with the approval of the Board, and establishment of the loan fund was authorized.

SECURITIES FROM C. G. MEMMINGER TRUST

The following resolution was adopted, authorizing the transfer of securities received
from the Christopher G. Memminger Trust from the title of "The Rector and Visitors of the University
of Virginia" to Hamac and Company, the nominee of the State-Planters Bank and Trust Company.

RESOLVED, that Colgate W. Darden, Jr., President, and Vincent Shea, Secretary, be and
they are hereby authorized in the name and on behalf of the University of Virginia to sell, assign,
and transfer the following stocks standing in the name of The Rector and Visitors of the University
of Virginia, a public corporation, unto Hamac and Company, namely

               

Shares	Class	Certificate Nos
120 American Can Company	7% Preferred	9051, F45579
100 The American Tobacco Company	6% Preferred	A14204
100 E.I. du Pont de Nemours and Co.	$4.50 Ser. Pfd	K26134
200 General Motors Corporation	$5 Series Pfd.	F35-619, B35-620
200 Radio Corporation of America	$3.50 Cum. Conv. 1st Preferred	P22510, P22511
280 General Motors Corporation	Common	D878-046, D878-047, F21-392
370 Public Service Elec. & Gas Co.	$1.40 Div. Pref. Common	M23083, M23084, M23138, M024292

And be it further -

RESOLVED that the aforementioned companies and/or corporations, their transfer agent or
agents, their registrar or registrars, their successors or assigns, be and they are hereby authorized
to treat Hamac and Company as the holder in fact and owner of said shares and certificates
representing the same for any and all purposes including but not limited to the payment or issuing
of dividends in money or stock to said Hamac and Company, and be it further -

RESOLVED, that the aforementioned companies and/or corporations, their transfer agent
or agents, their registrar or registrars, and their respective successors and assigns, be and they
are hereby absolved from any and all responsibility in following the said shares and certificates
as being the property of the University of Virginia

R. E. SMITHER SCHOLARSHIP PROPOSAL

A proposal from Mr. R. E. Smither of Miami, Florida to establish a legal scholarship to
be supported from sale of timber on a plot of ground in eastern Virginia was referred to the Finance
Committee with the suggestion that legal counsel of the University be consulted

TRIANGLE OF LAND AT ROUTE 250-29 INTERSECTION

The President presented a request from Mr. J. Frank Doubleday to lease the triangular
shaped parcel of land located on the southeast side of the intersection of highways 250 and 29 and
directly opposite the Gulf station on Route 250. Mr. Doubleday proposed to erect there a building
to serve as a combination travel information bureau and a dairy bar. The request was disapproved
by the Board.

NCAA REGULATIONS

The President presented the following letter from the Compliance Committee of the
National Collegiate Athletic Association.

A general discussion ensued and the President was then asked by Dr. Trout for an expression of his
views. He stated that he would like to renew the suggestion made at Richmond at the special meeting
of the Board on July 21, 1949, namely, that the University tender its resignation from the
Association if it found itself unable to comply with the regulations. The letter was referred to
the Athletic Committee with a request that a report be made at the next meeting of the Board.

LAMBETH PROPERTY

President Darden pointed out that Dr. W. A. Lambeth, for many years a member of the faculty,
had left his property to the University, with a life interest vested in his widow. Dr.
Lambeth died in 1943 and the residence is badly in need of repair. The Superintendent of Buildings
and Grounds has made an estimate of the cost, which amounts to about $5,000. A resolution
was adopted authorizing the President to approve such repairs as were necessary, provided expenditures
from State funds were found by the University attorney to be legal for such purpose.

AWARD TO DR. S. A. MITCHELL

A resolution was adopted requesting the Rector to pen and forward to Dr. S. A. Mitchell,
Director Emeritus of the Leander McCormick Observatory, a letter in recognition of the Watson Gold
Medal awarded to him by the National Academy of Sciences

OUTDOOR SWIMMING POOL

The President stated that there was some doubt in the minds of the architects as to the
advisability of building an outdoor swimming pool in the site of the present reflection pool east
of Memorial Gymnasium. The architects have tentatively recommended a site at the foot of Observatory
Mountain across Observatory Road from the site of the proposed dormitories. A resolution was
adopted authorizing the President, after consultation with the architects, to abandon the proposed
site for a swimming pool on the east side of the gymnasium and, if deemed advisable by the architects,
to fill in the present reflection pool.

BIENNIAL BUDGET REQUESTS 1950-52

The President presented budget requests for the biennium 1950-52 for the University of
Virginia and the University Hospital, which were approved by the Board. For the University of Virginia
the total amount requested for maintenance and operation is $10,716,354, $5,320,963 for
1950-51 and $5,395,391 for 1951-52. For the University Hospital $4,541,312 is requested for the
biennium for maintenance and operation expenditures.

UNCOLLECTIBLE HOSPITAL ACCOUNTS

The following resolution was adopted

RESOLVED that approval be and is hereby given to the charging off of schedules 68, 70,
73-A, 73-B, and 75 of uncollectible hospital accounts recommended for cancellation by the Hospital
Accounts Committee.

MARY WASHINGTON COLLEGE MATTERS

ELECTIONS

The following elections were approved:

Dr. Herbert Lee Cover as Instructor in Chemistry at a salary of $2,880 for the session of
nine months, incumbency to begin September 19, 1949. This is a replacement for Dr. Roy S. Cook
who died in June

Miss Doris Jean Reid as Instructor in Home Economics at a salary of $2,880 for the session,
incumbency to begin September 19, 1949.

BIENNIAL BUDGET REQUESTS 1950-52

The budget requests for the biennium 1950-52 were approved as submitted by President Combs,
carrying total expenditures for maintenance and operation of $1,397,055 for 1950-51 and $1,411,135
for 1951-52. Capital outlay appropriations requested total $1,775,000 for the biennium. The Board
wished to endorse most strongly the request for funds for a new dormitory.

- - -

On motion the meeting then adjourned.