University of Virginia Library

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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, Visitors Barksdale, Carrington,
Emmett, Garnett, Gay, Gravatt, Mears, Smith, Talbott, Wailes, and Willis. Absent: Dr. M. L.
Combs, President of Mary Washington College; Visitors Anderson and Howard.

The minutes of the meeting of March 10, 1950, which had been copied and mailed to the
members, were approved.

DR. EMMETT APPOINTED VISITOR

Dr. John Morehead Emmett, appointed a Visitor of the University by the Governor on
March 6, 1950 for the term ending February 28, 1954, succeeding Dr. Hugh H. Trout, Sr., stated
that he had duly qualified before the Clerk of the Circuit Court of Clifton Forge.

GIFTS

The President announced receipt of the following gifts.

Upon recommendation of the President, the following resignations, leaves of absence,
promotion, elections, and appointments were approved.

RESIGNATIONS

The following resolutions were adopted.

RESOLVED that the resignation of Dr. W. Roy Mason, Assistant Professor of Anatomy, be
and the same is hereby accepted, effective July 1, 1950.

RESOLVED that the resignation of Mr. John Edwin Canaday, Associate Professor of the
History of Art, be and the same is hereby accepted, effective at the end of the session of 1949-50.
We wish for him the highest success in his new undertaking.

RESOLVED that the resignation of Dr. Glenn Claire Hall, Jr., Instructor in Pharmacology,
be and the same is hereby accepted, effective June 30, 1950. We wish for him the highest success
in his new undertaking.

LEAVES OF ABSENCE

Dr. Lawrence R. Quarles, Professor of Electrical Engineering, granted leave of absence
without pay for the session of 1950-51 to carry out some research work at Oak Ridge.

Mr. H. Hardy Perritt, Assistant Professor of Speech, granted leave of absence without
pay for the session of 1950-51 to do graduate work toward the Ph. D.

Mr. John A. Walker, Assistant Professor of Drama, granted continued leave of absence
without pay for the session 1950-51 to allow him to complete requirements for the Ph. D. degree
at Cornell University. Mr. Walker was granted leave of absence for the session 1949-50 to do advanced
study

PROMOTION

Mr. Fred Blanton, Acting Assistant Professor of Law, promoted to Assistant Professor of
Law, effective at the beginning of the session of 1950-51.

ELECTIONS

Dr. Edward Carl Stevenson elected Professor of Physics, effective at the beginning of
the session of 1950-51, at a session salary of $7,000.

Dr. Eugene P. Chase elected Visiting Professor of Political Science for the first semester
of the session of 1950-51, at a salary of $3,500 for that period. He is to take over some of
Professor Gooch's work.

Mr. Mortimer Maxwell Caplin elected Associate Professor of Law, at a salary of $6,000
per session, effective with the beginning of the session of 1950-51. Mr. Gay abstained from
voting in the election of Mr. Caplin.

Dr. Dwight G. Brown, Jr., elected Instructor in Obstetrics and Gynecology, effective
July 1, 1950, at a basic salary of $3,000 per year from the University.

Dr. C. Paxton Stodder elected Instructor in Pharmacology, effective September 1, 1950,
at a salary of $3,000 per year.

Dr. Francis Record Whitehouse elected Lecturer in Medicine, effective May 1, 1950, at no
salary from the University.

APPOINTMENTS

Lieutenant Claude A. Wharton, Jr., USN, appointed Associate Professor of Naval Science,
effective in July, 1950, at no salary from the University.

Major Houston Stiff, USMC, appointed Associate Professor of Naval Science, effective in
July, 1950, at no salary from the University

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WHITEHEAD PROPERTY ON MCCORMICK ROAD

A proposal was presented from Mrs. R. H. Whitehead to sell her house on McCormick Road to
the University. The President was asked to investigate the matter and was authorized, if he thought
it advisable, to consummate the purchase of the property at the price of $18,000 at which Mrs.
Whitehead offered it to the University.

UNCOLLECTIBLE HOSPITAL ACCOUNTS

The following resolution was adopted.

RESOLVED that the Hospital Accounts Committee be and it is hereby authorized to charge off
as uncollectible accounts schedules 117, 119, and 120, aggregating $11,389.87, recommended by them
for cancellation.

CONTRACTS FOR ACADEMIC BUILDING

A resolution was adopted authorizing the President to sign the following contracts for the
new Academic Building, which contracts in the opinion of the Board represent the lowest and best bids
on this project and have the approval of the architect.

GRADUATE PROGRAM IN PHYSICS AT LANGLEY FIELD

A proposed program of graduate work in physics to be offered at Langley Field was approved.
The granting of the Master's degree with a major in Physics was authorized under the conditions proposed
by the School of Physics in the following "Description of Program."

DESCRIPTION OF GENERAL PROGRAM

1. That graduate courses in Physics be established in cooperation with the scientific
staff of the National Advisory Committee for Aeronautics at Langley Field.

2. That the content of these courses be essentially the same or equivalent to those given
in the Graduate School of Physics at the University of Virginia.

3. That the Physics Faculty at Virginia be charged with the responsibility of keeping the
content and standards of these courses equivalent to those at the University.

4. That research leading toward the Master's degree in Physics carried out at Langley
Field under the joint supervision and approval of the Langley Field scientists and the Physics staff
at Virginia be acceptable upon completion for the Master's thesis.

5. That the present one year's residence requirement at the University for the Master's
degree in Physics be waived and there be substituted in its place the following:

A. One semester or its equivalent in summer school residence work at the
University of Virginia be required for the Master's degree in Physics.

B. The remaining work for completing the Master's degree requirements must be
taken at Langley Field or at the University of Virginia.

6. All other requirements except the residence requirement (5 above) for the Master's
degree in Physics to remain the same as at present. This obviously includes such things as the
present language requirements, final examinations to be given by a Committee of the Physics Faculty,
and so forth.

7. That instructors for the graduate work at Langley Field be recruited primarily from
the staff of the Langley Laboratory subject to the approval of the Faculty of the School of Physics
and the Dean of the Graduate School.

INTERCOLLEGIATE BOXING

The question of continuing boxing as an intercollegiate sport was discussed and referred
to the Athletics Committee. Dr. Emmett was added to this Committee pro tem for the study of this
matter.

NCAA MATTER

The President read the following letter from Mr. Clarence P. Houston, Chairman of the Compliance
Committee, National Collegiate Athletic Association.

March 9, 1950

Dear President Darden:

If it is your desire, as we hope it is, to eliminate the finding of non-compliance of your
institution with the provisions of Article III, Section 4, of the National Collegiate Athletic Association
Constitution, namely, the Sanity Code, you may submit to this Committee the following

(1) A written statement over your signature that your institution is now in compliance with
the above provisions.

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(2) Answers to the questions contained in the enclosed Supplemental Request for
Information.

In answering this Request you are entitled at your option to substitute in Question #5
the required information concerning the members of your present Varsity and Freshman Basketball
teams instead of the Varsity and Freshman Football teams. It is not necessary that you give any
answers to Question #4 unless you so desire.

You will recall that interpretations of the Code are contained in the Sanity Code Handbook.
If you contemplate furnishing the above information, I suggest that it be done without
delay.

An extra copy of the questionnaire is enclosed for your files.

Cordially yours,

(s) Clarence P. Houston

Clarence P. Houston

COMMITTEE APPOINTMENTS

The Rector announced that he was appointing Mrs. Smith to replace Mrs. Wailes on the
Buildings and Grounds Committee. Dr. Emmett was added to the Medical Committee and made Chairman
of that Committee.

RILEY BEQUEST

A letter from the Attorney for the City of Falls Church, Virginia concerning the possible
purchase of a part of the Joseph Harvey Riley property was presented by Mr. W. Allan Perkins,
Attorney for the University. The matter was referred to Mr. Garnett with the request that it be
studied and a report made at the next meeting of the Board.

SALE OF LAND ON LANE ROAD TO W. B. RUSSELL

This matter was presented by Mr. W. Allan Perkins, Attorney for the University.

Mr. Perkins stated to the Board that by an Act of the General Assembly approved April 4,
1950 (House Bill No. 564) the University was authorized to sell and convey to William B. Russell
on such terms and conditions as the Board of Visitors may determine and subject to the approval of
the Governor, a strip of land now owned by the University situated on the south side of Lane Road
and fully described in said Act, and that said Russell has made an offer of $100.00 cash for said
small strip of land which is a fair and adequate price for same.

Mr. Perkins also presented to the Board a deed by which said strip of land is to be conveyed
to said William B. Russell for $100.00 cash, which deed has been approved by the Honorable
John S. Battle, Governor of Virginia, as evidenced by his signature affixed thereto.

It was, thereupon,

RESOLVED that Colgate W. Darden, Jr., President, be and he is hereby authorized and
directed to execute said deed in the name and on behalf of The Rector and Visitors of the University
of Virginia, and Vincent Shea, Secretary of this Board, is instructed to affix the corporate
seal thereto and to deliver said deed to said William B. Russell upon payment by him of the sum of
$100.00.

KAPRIELIAN BEQUEST

Mr. Perkins, Attorney for the University, reported that he had been to Connecticut in
regard to a bequest to the University from H. Kruger Kaprielian, and that he had employed counsel
to represent the University in the settlement of the estate. He estimates that the University
will receive between $65,000 and $70,000 from this bequest, the income from which is to be used
to provide scholarships for students of Armenian descent.

HUMPHREYS BEQUEST

Mr. Perkins, Attorney for the University, reported that he had made a trip to West
Virginia to investigate the property of the late Dr. William Jackson Humphreys, and that he did
not believe the University could carry out the wishes of the donor. He requested the Rector to
appoint a committee to study Dr. Humphreys' will and to report to the Board. The Rector appointed
the following committee: Messrs. Gravatt and Talbott.

DEFINITION OF VIRGINIA STUDENT

A report was made by a special committee, consisting of Mr. Gravatt as chairman, Mrs.
Wailes, and Mr. Howard, which had been appointed to study the regulations concerning the classification
of students as Virginians or non-Virginians. The recommendations of the Committee, embodied
in the following report, were approved.

REPORT OF SPECIAL COMMITTEE UPON PROPOSED CHANGE IN
REGULATION FOR ADMISSION AS A VIRGINIA STUDENT

The act of the General Assembly adopted March 27, 1936 limiting and defining the powers
of the Board upon this subject is as follows.

The present regulation adopted by the Board of Visitors June 15, 1925 is as follows

"Registration as Virginia Student. — In order to be considered a Virginia student,
it is necessary that the applicant's parents be domiciled in the State if he be

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"under twenty-one years of age; or if he has attained his majority, that he himself be
domiciled in the State; and that either his parents or the applicant for admission shall
have been a bona fide taxpayer in the State of Virginia for at least two years prior to
said application."

A new regulation suggested for adoption by Professor Charles P. Nash of the Law Faculty
is as follows:

The changes effected by the suggested regulation are as follows

(1) Elimination of requirement that the applicant or his parents be taxpayers in the State
of Virginia.

(2) Elimination of any reference to the domicile of the applicant's parents.

(3) Elimination of any confusion as to the period of domicile necessary by definitely
fixing a one year period.

A letter of Professor Nash, dated October 31, 1949, addressed to the Rector is attached to
this report.

As to number (1) -

This committee concurs in the opinion of Professor Nash that the tax requirement of the
present regulation is of doubtful legality and should be omitted as a requirement for admission as
a Virginia student.

As to number (2) -

The committee is further of the opinion that the requirement that the applicant's parents
be domiciled in Virginia should be eliminated.

As a general rule the domicile of an infant follows that of his parents. It is recognized
that complications may arise where there is a divorce situation, orphanage or the like. There are
numerous cases involving such situations which will supply reasonable guidance for a fair and lawful
determination of the student's domicile in such situations which doubtless would be more satisfactory
than could be attained by any regulation which we might propose.

It is also to be noted that the act of the Assembly requires only, "that such person (the
applicant) has been" domiciled in Virginia "for a period of at least one year etc." The requirement,
therefore, by regulation of the Board, that both parents be domiciled in Virginia is of doubtful
legality except in so far as the domicile of the parents controls the domicile of a minor child.

As to number (3) -

Your committee is of the opinion that the domicile period should be definitely fixed in
any regulation adopted by the Board on this subject. The present situation of confusion results
from a failure to specify a definite minimum residence period and the additional requirement that
the parents or the applicant be taxpayers for a period of two years.

Your committee believes that since the act of the General Assembly requires only domicile
for one year that the Board should require in its regulation only a one year domicile period unless
there are substantial reasons for requiring a longer period of domicile. Your committee knows of
no such reasons and, therefore, recommends this change.

For the reasons above stated your committee recommends the adoption of the new regulation
as suggested by Professor Nash.

UNIVERSITY OF VIRGINIA
Department of Law
Charlottesville, Va.
October 31, 1949

Mr. Barron F. Black

Citizens Bank Building
Norfolk 10, Virginia

Dear Mr. Black:

I have your letter of October 17th in regard to the University regulation which defines
Virginia students. A copy of the regulation which appeared for the first time in the University of
Virginia Record of 1925-26 is enclosed. I am also enclosing a copy of the Virginia statute of 1936
on the subject.

The statute requires that a person be domiciled in Virginia for at least one year in order
to be classified as a Virginia Student, with the proviso that the Board of Visitors may require a
longer period of residence (domicile). It is also provided that the Board may set up additional requirements
for admitting students.

The University regulation requires that the applicant be domiciled in Virginia, and that
the parents of the student be bona fide taxpayers to the State for at least two years prior to making
application for admission.

There seems to be only one case in which one of these university regulations was passed
upon by the Courts. The case is Bryan v. Regents of University of California (Cal.) 205 Pac. 1071.
The one year domicile requirement was upheld. The plaintiff, who had been domiciled in California

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for eleven months, and was, therefore, a citizen of the state, contended that the regulation was
unreasonable. The Court referred to the California statute requiring domicile for one year as a
prerequisite to voting, which is similar to our Virginia statute.

It seems clear enough that the one year domicile requirement is valid. I have grave
doubts, however, as to the tax requirement. This part of the regulation may cause a person to
wait for about two and three-fourth years after he becomes a citizen of Virginia to be classified
as a Virginia student in the University. For example: X acquired a domicile in Virginia January
5, 1949. He would owe no taxes to the State in 1949. In 1950 he pays taxes to Virginia for
the first time. So after having a Virginia domicile and being a citizen of Virginia for about
two and three-fourth years he could be classified as a Virginia student. On the other hand,
another person who becomes domiciled in Virginia on January 1, 1950, about a year later than X,
could also be classified as a Virginia student in the fall of 1951.

The statute provides for (1) admission privileges, (2) reduced tuition charges, and
(3) any other privileges. The requirement of domicile for one year applies to all these privileges
and by the terms of the statute may be extended by the Board to a longer period. However,
the last clause of the statute ("and may set up additional requirements for admitting students")
refers only to admission privileges. A court might very well hold that even though the Board of
Visitors has power to extend the period of domicile as affecting the classification of students,
any additional requirements can affect only admission privileges.

It is my opinion that the regulation should be amended by omitting the tax requirement.
A suggested regulation is enclosed.

Sincerely yours,

(s) Chas. P. Nash, Jr.

MARY WASHINGTON COLLEGE MATTERS

LETTER FROM PROFESSOR MCINTOSH

A letter from Professor Clifton B. McIntosh of Mary Washington College was presented by
the Rector. The letter was referred to the Mary Washington College Committee with the request
that a report be made to the Board at the May meeting.

KITCHEN EQUIPMENT FOR DINING HALL AND INFIRMARY

President Darden presented the following letter. The resolution proposed by Mr. Woodward
was adopted, authorizing the execution of contracts based on the low bids for this equipment.

4/12/50

On March 29th, bids were received for the kitchen equipment for the College Dining Hall
and the new Infirmary Building. The construction contracts for the additional wings for the
Dining Hall were awarded several months ago. Due to the fact that specifications were not completed
for the kitchen equipment, this could not be included with the general contract. There is
still another contract to be awarded for the necessary plumbing to receive the new equipment in
the existing section of the Kitchen.

The status of the contracts awarded for the project is shown as follows:

You will recall that the bids which were received on January 3rd for the Kitchen equipment
for the new Infirmary Building were rejected with the hope that purchasing this equipment
along with the Dining Hall equipment, a saving would be effected. We are pleased to report that
by doing so, it enabled us to save $569.00 on the cost of this equipment. For your convenience,
the status of the new Infirmary Building project is shown as follows:

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A tabulation of the Kitchen Equipment Bids is shown as follows:

It is recommended that the lowest bid received be accepted.

It is recommended, therefore, that the following action be taken

RESOLVED, by the Board of Visitors of the Rector and Visitors of the University of Virginia
that the President of Mary Washington College be and is hereby authorized to award and execute contracts
with the Federal Manufacturing Company in the amount of $45,885.00 for kitchen equipment for
the main dining hall for the College and the Straus Company for $6,800.00 for kitchen equipment for
the new Infirmary Building.

On motion the meeting was then adjourned.