University of Virginia Library


320

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,
at Charlottesville, with the following present: The Rector, Barron F. Black, President Colgate
W. Darden, Jr., Visitors Barksdale, Carrington, Coxe, Emmett, Gay, Gravatt, Mears, Mrs. Smith,
Mr. Smith, Talbott, Wailes, and Wheeler. Absent: Visitor Howard and President Combs

The minutes of the meeting of 11 December 1953, previously distributed, were approved

RECTOR AND VISITORS COMMITTEES

The Rector spoke of his personal regret over the forthcoming retirement from the Board,
subject to the present statute, of Mr. Richard A. Carrington, Jr., Mr. Thomas B. Gay, and Mrs.
Bertha Wailes, and expressed the gratitude of the State for these three Visitors' self-sacrificing
and devoted service to the University

To provide for needed continuity in the work of the Board's committees, the Rector then
announced the following appointments

Committee on Mary Washinton College Mr. Gravatt

Committee on Buildings and Grounds Mr. Barksdale

Upon the Rector's nomination, the Board made the following election

Executive Committee Mr. Talbott


321

GIFTS

The President reported the following gifts and grants:

                 
From the estate of the late Morris Cohen, for the Medical School  $ 500.00 
From Mr. Forrest Hyde, 100 shares of Common Stock of Atlantic Refining
Company, to establish a scholarship fund in the School of Business Administration
in memory of his son, Samuel Forrest Hyde, valued at 
2,750.00 
From Mrs. Margaret W. Gillette and Mrs. Lucretia W. Wyckoff, to be added to
the Samuel Forrest Hyde Scholarship Fund 
1,000.00 
From friends of Dr. W. E. Bray, to be used to purchase medical books and
journals in his honor 
320.62 
From Mary E. Knapp, for use of the Bibliographical Society  125.00 
From an anonymous donor, to be used by the Bureau of Public Administration  4,800.00 
From the Upjohn Company, for medical research under Dr. William Parson and
Dr. Kenneth Crispell 
3,500.00 
From the Virginia Society for Crippled Children, toward salaries paid in the
Anti-Convulsive Clinic 
3,853.30 
From the Department of the Navy, for continued research under the direction of
Prof. L. R. Quarles, of the Engineering School 
12,500.00 

ELECTIONS

The Board adopted the following resolutions.

RESOLVED by the Board of Visitors of The Rector and Visitors of the University of Virginia
that Dr. Philip Williams, Jr., be and he is hereby elected Associate Professor of English,
effective at the beginning of the session of 1954-55, at a session salary of $5,400 (or at the
second level of the proposed scale - $5,500 - if it is enacted.)

RESOLVED by the Board of Visitors of The Rector and Visitors of the University of Virginia
that Dr. Edwin P. Lehman be and he is hereby elected Visiting Professor of Surgery, effective
for the second semester of the 1953-54 session, at a salary of $1,000

UNCOLLECTIBLE HOSPITAL ACCOUNTS

The following resolution was adopted by the Board

RESOLVED by the Board of Visitors of The Rector and Visitors of the University of Virginia
that the Hospital Accounts Committee be and it is hereby authorized to charge off as uncollectible
hospital accounts Schedules 409, 412, and 413, aggregating $19,540.47, recommended by them
for cancellation

MARY STAMPS SUHLING CANCER FUND

President Darden presented to the Board a letter from Mr. and Mrs. William H. White,
requesting that the Mary Stamps Suhling Cancer Fund be transferred to Charlottesville, and a
memorandum from the Comptroller explaining the management of the Fund. The following
resolution was thereupon adopted by the Board

RESOLVED by the Board of Visitors of The Rector and Visitors of the University of Virginia
that the Comptroller of the University be and he is hereby authorized and directed to transfer
all monies and securities of the Mary Stamps Suhling Cancer Fund from the State Planters Bank
and Trust Company of Richmond to the Bursar to be administered by him as a special fund subject
to the conditions of the original gift

EASEMENT OF LAMBETH LANE

Upon recommendation of the President, the Board adopted the following resolution

RESOLVED by the Board of Visitors of The Rector and Visitors of the University of Virginia
that it is the sense of this Board that the roadway known as Lambeth Lane, lying between the
Faculty Apartments and the residence of Mrs. Speed, should be dedicated to street purposes and
transferred to the City of Charlottesville, that the Comptroller of the University be and he
is hereby authorized and directed, in consultation with the University's Special Counsel, to
execute a legal instrument in the name of the Rector and Visitors of the University granting
to the City of Charlottesville an easement for a public street through Lambeth Lane

INCREASED SUMMER SESSION FEES

The President laid before the Board the following proposed Schedule of Summer Session fees,
submitted through the Comptroller by Dr. Lindley J. Stiles, Director of the Summer Session

           
Tuition per semester-hour  Virginians  Non-Virginians 
Undergraduates  $ 7.50  $ 15.00 
Graduates  7.50  15.00 
Education problems courses, per semester hour  10.00  20.00 
Auditing fee for students not enrolled in a full
program, per semester hour 
5.00  10.00 
Research fee  30.00  30.00 

The Board thereupon resolved that the Schedule be adopted as submitted


322

ALBERT VAUGHAN CASE MEMORIAL

President Darden presented to the Board a letter from Albert H. Case, as follows

Mr. Colgate W. Darden, President
University of Virginia
Charlottesville, Virginia
Dear Mr. Darden

In order that you might better understand our present desire to perpetuate the memory of
our son who attended the University of Virginia, I am making the following written request for
the use of the funds donated under contract of May 12, 1950, which funds become available for
use to the University of Virginia after the death of both Mrs. Case and myself

We would like very much to have one-half of this fund designated for the Alderman Library,
the income from which to be used for the purchase of books for the Alderman Library of the
University of Virginia. The books purchased with this fund are to be selected in the area
of the humanities, and more specifically, in the fields of ancient and modern languages,
English and Philosophy. We wish that to each book purchased from this fund there be affixed
a suitable book plate indicating that it derived from funds donated by Mr. and Mrs. Albert
H. Case in the memory of their son, Albert Vaughan Case

The other half of this fund we would be pleased to have used to establish scholarships
in the Law School in memory of our son and to be designated as Albert Vaughan Case Scholarship.
These scholarships are to be awarded annually from the income of this fund to students
in the Law School who, in the judgment of the Faculty give promise of making outstanding
contribution to the service of our country and its people. In making the appointments,
the Faculty is directed to consider diligence and ability in professional studies and high
moral character evidencing broad Christian idealism.

We would appreciate your advising us whether or not such designations can be made of the
funds donated under the contract referred to above.

Sincerely yours,
/s/ A. H. Case
Albert H. Case
AHC/blg

The Board adopted the following resolution.

RESOLVED by the Board of Visitors of The Rector and Visitors of the University of Virginia
that the funds donated to the University by Mr. and Mrs. Albert H. Case under contract dated
May 12, 1950 shall be known as the Albert Vaughan Case Memorial Fund, that when the income
from this Fund shall become available for use by the University after the death of both Mr. and
Mrs, Case, such income shall. (1) Be divided equally between the Alderman Library and the School
of Law, and (2) Be expended for the purposes and in the manner set forth by Albert H. Case in
his letter of November 25, 1953, addressed to President Colgate W. Darden and spread upon the
minutes of this Board.

SEPARATE SCHOOL OF ARCHITECTURE

The President laid before the Board letters from Professor Thomas K. Fitz Patrick, Chairman
of the Division of Architecture in the McIntire School of Fine Arts, and from Professor George
O. Ferguson, Jr., Acting Dean of the College, as follows

Division of Architecture
A RECOMMENDATION FOR A CHANGE IN STATUS
AND TITLE FOR THE DIVISION OF ARCHITECTURE
OF THE McINTIRE DEPARTMENT OF FINE ARTS

After carefully reviewing the history of the development of the teaching of Architecture at
the University of Virginia the following facts appear to be of special significance

a. The original gift from Mr. Paul G. McIntire was to establish "A School of Fine Arts to
comprise first a School of Art and Architecture and second a School of Music".


323

b. In 1919 A School of Art, Architecture, and Music was established and designated as the
McIntire School of Fine Arts. Under the leadership of Professors Kimball, Hudnut, Kocher, and
Campbell a strong program in architectural teaching was developed as well as an introductory
art program. Music remained under a separate leadership. From 1948 on greater attention
was devoted to individual fields in Art under the guidance of Professor Charles Smith, and
in 1951 Art was established as a separate division of the McIntire Department of Fine Arts

The Division of Architecture currently enjoys a certain autonomy in fact which is not
apparent in title, nor in catalogue description. It is urgently recommended that the
identity of the architectural program be established by designating it The McIntire School of
Architecture
with a chairman or director, for the following reasons:

1. A Specific degree is granted by the Division, separate from the degree of the College of
Arts and Sciences.

2. The admission of candidates to Architecture is processed by the Division of Architecture,
separate from the College of Arts and Sciences.

3. The Bachelor of Science in Architecture is a professional degree under the requirement
of a five session program similar to the professional degrees in Engineering, Law, and Medicine.
It is so recognized by the State Examining Boards operating under statute law in Virginia

4. Establishing a School of Architecture would give the program in Architecture necessary
and useful stature not only in this State but throughout the country.

In requesting the above there still exists a dominant conviction that the academic
courses offered by the College of Arts and Sciences would continue to remain a strong element
in the curriculum in Architecture. This can even be enlarged in scope so that a more
complete development of the individual may be realized during his academic training

It is earnestly hoped that sincere consideration will be given to this request

Respectfully submitted
/s/ Thos. K. Fitz Patrick
Thomas K. Fitz Patrick
Chairman
TKF/g
Office of the Dean
President Colgate W. Darden, Jr.,
University of Virginia.
Dear President Darden.

I enclose herewith a recommendation from Professor Fitz Patrick that the Division of
Architecture of the McIntire Department of Fine Arts be changed in status in the University
to the McIntire School of Architecture. I have discussed the matter with him and I heartily
recommend that the change be made.

I also recommend that the status of Professor Fitz Patrick be changed from Chairman of
the Division of Architecture to Chairman or Director of the School of Architecture.

At the same time the Division of Art of the Department of Fine Arts should be changed
to the McIntire Department of Art in the College of Arts and Sciences, with Professor Smith
as its Chairman

A number of considerations prompt me to make these recommendations, and I should be glad
to discuss them with you if you wish

I may mention here that for a considerable number of years the Division of Architecture
has been nearly autonomous in its operation in so far as its admissions, degrees and academic
discipline are concerned, although it has nominally functioned as a part of the College.
Its work is so technical and specialized in nature that few academic officials understand it or
are competent to deal with it intelligently

A dozen years or more ago I predicted in an article on the College in the Alumni News
that both commerce and architecture would eventually be set up as separate "Departments"
of the University, as they were then called. Commerce has been so set up, and I do not
believe we should wait longer in the case of architecture.

Indeed, the pressure is doubtless greater for architecture than for commerce, in so far
as accrediting agencies and state examining boards are concerned

Sincerely yours,
/s/ Geo. O. Ferguson, Jr.
Geo. O. Ferguson, Jr.,
Acting Dean

324

The Board adopted the following resolution

RESOLVED by the Board of Visitors of The Rector and Visitors of the University of Virginia
that the Division of Architecture in the McIntire School of Fine Arts be and it is hereby
established as a school of the University, separate from the College of Arts and Sciences, to
be designated The McIntire School of Architecture, that there shall be no present change in the
staff, but that the Chairman of the former Division of Architecture be and he is hereby designated
the Director of the McIntire School of Architecture.

RESOLVED FURTHER that the Division of Art be and it is hereby established as the McIntire
Department of Art in the College of Arts and Sciences, that there shall be no present change
in the staff, but that the Chairman of the former Division of Art be and he is hereby
designated the Chairman of the McIntire Department of Art.

ESTATE OF MATTIE BROOKE BEALL

Mr. C. Venable Minor, Special Counsel for the Rector and Visitors, presented a draft of a
resolution to the Board for its consideration in the matter of the Estate of Mattie Brooke Beall.
Upon consideration the Board adopted the resolution as drafted, which reads as follows

WHEREAS, Mattie Brooke Beall died on the 17th day of December, 1952, a resident of the
District of Columbia, leaving a will which has been duly probated in said District, in the
fifth paragraph of which said decedent provided as follows

"Fifth: All the rest residue and remainder of my estate, of whatsoever
character and wheresoever the same may be situate, including real, personal
and mixed property, of which I may die seized or possessed, or to which I
may be in any manner entitled or interested in, I hereby give, devise and
bequeath unto the Trustees Of Mary Stamps Royster White Fund, in memory
of my sister, Louise Ogle Beall.", and

WHEREAS, there is considerable doubt as to whether or not the Rector and Visitors of the
University of Virginia, as Trustee of a fund formerly known as "The Mary Stamps Royster
Memorial Fund", but now known as the "Mary Stamps Suhling Cancer Fund", the purposes of said trust
having been changed, is entitled to said residuary legacy; and,

WHEREAS, claim has been made by Floyd Brooke Beall Spencer, sole surviving heir at law and
next of kin of said decedent, that said decedent died intestate as to said residuary legacy, and,

WHEREAS, National Metropolitan Bank of Washington, Executor under the will of the late
Mattie Brooke Beall, has filed a petition for instructions in the United States District Court
for the District of Columbia, Holding Probate Court, as to the proper manner in which to make
distribution of said residuary legacy, to which petition said Floyd Brooke Beall Spencer and the
Rector and Visitors of the University of Virginia are parties respondent, and

WHEREAS, said Floyd Brooke Beall Spencer, through her counsel, has made an offer to
compromise the matter;

RESOLVED, that in order to avoid extensive and costly litigation, the outcome of
which is uncertain, it is to the best interests of the Rector and Visitors of the
University of Virginia to consent to the compromise settlement of the conflicting claims to
the residuary estate of Mattie Brooke Beall, as offered by Floyd Brooke Beall Spencer, only
surviving heir at law and next of kin of said decedent, Mattie Brooke Beall, whereby one-half
of the residuary legacy provided for in paragraph Fifth of the will of said Mattie Brooke
Beall shall be paid to said Floyd Brooke Beall Spencer and the other one-half to the Rector
and Visitors of the University of Virginia, said latter sum to be held in trust and added
to the Mary Stamps Suhling Cancer Fund now held by said the Rector and Visitors of the
University of Virginia, the income therefrom to be used for the purposes of said Fund,
PROVIDED, however, that such compromise settlement be ratified and confirmed by an
order of the Court before which this matter is now pending,

RESOLVED, FURTHER, that C. Venable Minor, Special Counsel for the Rector and Visitors
of the University of Virginia, be and he is hereby authorized and directed to consent, on
behalf of the Rector and Visitors of the University of Virginia, to the entry of an order
in the United States District Court for the District of Columbia, Holding Probate Court,
before which this matter is now pending, ratifying and confirming said compromise settlement

EASEMENT FOR CHARLOTTESVILLE SEWER

Mr. Minor presented to the Board a request from the City of Charlottesville for an easement
to permit construction of a sewer line across the University's property lying south of Jefferson
Park Avenue. After discussion the Board adopted the following resolution

RESOLVED, that the Rector and Visitors of the University of Virginia grant to the City of
Charlottesville an easement for a 12″ sanitary sewer across the property formerly lying in the
County of Albemarle but now situated in the City of Charlottesville on the south side of Jefferson
Park Avenue, being the same property which was conveyed to the Rector and Visitors of the
University of Virginia, by deed of Green Peyton and wife, dated May 10, 1884, of record in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in D.B. 83, p. 327, and
that the proper officers of this corporation be authorized and directed to execute and deliver
a deed to said City of Charlottesville granting such easement.


325

BAYLY-TIFFANY FUNDS

Mr. Gravatt, Chairman of the special Committee on Award of Bayly-Tiffany Funds, laid before
the Board the Report of his Committee, as follows

TO
The Rector and Board of Visitors
University of Virginia
Charlottesville, Virginia

Report of Committee on Award of Bayly-Tiffany Funds.

In accordance with request of the Rector dated September 12, 1953, the undersigned have
met and considered the questions propounded by the University Committee on Scholarships, Loans
and Employment with respect to the will of Mrs. Evelyn May Bayly Tiffany and the award of the
funds given the University of Virginia under Paragraph Seventh thereof

This Committee does not understand that any further legal study or opinion with respect
to this will is desired or necessary but has proceeded upon the assumption that this Board
has both the discretionary power and duty to determine the conditions upon which the award
of these funds should be made.

We believe that the following paragraph concluding a letter of opinion upon this will,
written in November 1930 by Mr. Allan W. Perkins, then Attorney for the Rector and Visitors,
aptly defines our legal and moral obligation in this matter

"Our duty in this whole matter is primarily to carry out Mrs.
Tiffany's wishes, as we understand them, as fully and completely
as is possible. She has given the University of Virginia a
large sum of money, and works of art, the value of which cannot
be estimated. I have endeavored to call the attention of the
Committee to as many phases of the situation presented by Mrs.
Tiffany's will as seem to me to confront us, so that whatever
conditions may arise in future we may have a record which will
show that we have conscientiously endeavored by investigation and
analysis to adopt a course which is in conformity with law, reasonable
in all of its details, and which we believe will most nearly conform
to what we conceive Mrs. Tiffany's wishes to have been."

This Committee believes that Mrs. Tiffany in making the bequest in Paragraph Seventh
of her will was moved by a deep devotion to both the University of Virginia and to the
Eastern Shore of Virginia and its people. We believe she intended and hoped that by means
of Paragraph Seventh of her will as many young people as possible from the Eastern Shore of
Virginia would be brought under the influence of the University and that thereby both would
be benefited

Having in mind our obligation to give effect to this intention of our benefactor your
Committee answers the inquiries propounded as follows

QUESTION:

May any criteria other than residence requirements be attached to the award of
Bayly-Tiffany Scholarships?


Answer:

Yes.


I. Criteria for Applicants from Accomac and Northampton Counties

(a) Need as a criteria

As to awards to applicants from the Eastern Shore of Virginia we are of
opinion that it is consistent with the purpose of the testatrix that need should be considered
in making these awards

This may be done either (1) by fixing the amount of the award according
to the need in each case within fixed minimum and maximum limits, or if this procedure is not
administratively practical, (2) by making need (according to fixed and uniform standards)
a prerequisite condition for any award.

(b) Scholastic attainment as a criteria

Your Committee is of the opinion that if high scholastic attainment either
before or after admission to the University were made a prerequisite condition for the award of
these funds to persons from the Eastern Shore of Virginia the purpose of the testatrix, with
repect to bringing as many young people as possible from the Eastern Shore of Virginia to the
University, would be greatly impaired. We therfore recommend that as to the Eastern Shore of
Virginia these awards be made to students qualified for admission who maintain after admission
the scholastic requirements necessary to remain in good standing in the University. In those
cases where the Committee believes a student on probation is making reasonable effort to overcome
his difficulties, a grant may be made or continued

II. Criteria for Applicants from Other Parts of the State of Virginia and Maryland

(a) None of these funds should be awarded to applicants from other parts
of Virginia or from Maryland if there is an applicant from Accomac or Northhampton Counties
meeting the qualification set forth under No. I hereof


326

(b) We do not believe that the intent and purpose of the Testatrix will be, in
any wise, impaired by requiring that applicants from Maryland and other parts of Virginia meet,
as a prerequisite condition for these awards, the usual requirements, as to scholarship and
need, applicable generally to the award of scholarships by the University

QUESTION:

May Bayly-Tiffany scholarships be awarded to students entering or enrolled
in the schools of Education, Engineering, and Business Administration?


Answer:

Your Committee being of opinion that it is consistent with the purpose of
the Testatrix recommends that these funds be awarded to applicants from the Eastern Shore
of Virginia for admission to any schools and departments of the University (subject, of
course, to the conditions heretofore set forth under No. I hereof).


It has been suggested in conference with the Scholarship Committee of the University that
the standards recommended herein are not consistent with established standards for awards
designated "Scholarships". It is, therefore, recommended that the Scholarship Committee of the
University be authorized to designate awards from the Bayly-Tiffany fund as "grants in aid" or
such other designation as the Committee may think appropriate

Respectfully,
/s/ Benj W. Mears
Benjamin W. Mears
/s/ Lucille Wheeler
Lucille Wheeler
/s/ J. Segar Gravatt
J. Segar Gravatt, Chairman

The Committee's Report was adopted by the Board

COMPLAINTS AGAINST PRESIDENT MORGAN L. COMBS

The Rector laid before the Board approximately sixty letters chiefly from the Fredericksburg
area, but similar to each other only in that all appeared to be voluntary and all, without
exception, praised President Combs and his administration of Mary Washington College. After
summarizing the contents of these letters, the Rector laid them on the table for the inspection
of any member who desired to read them

President Darden reported that in obedience to the Board's instructions he had paid
several visits to Dr. Combs since December 22nd in the hope, unsuccessful as it turned out,
of working out a voluntary readjustment of administrative responsibilities and duties at
the College. On his final visit the previous day he had found Dr. Combs much improved in
health and confidence, and assured as to the rectitude of his own position and conduct
Dr. Combs had complained of his exclusion from the room during the hearings on December 22nd
and of the Board's failure to hear other witnesses who were ready to testify

There followed an extensive discussion in which some members argued that the key charges
against Dr. Combs had been sufficiently demonstrated. Others pointed to apparent conflicts in
the the testimony and to the lack of a stenographic record of the evidence heard on November 27th
by the Committee on Mary Washington College. The Rector was authorized to prepare and
furnish to Dr. Combs a copy of the stenographic record of the Board's proceedings on December 22nd.

General agreement was reached. (1) that abundant time and opportunity must be provided
for a hearing of any further witnesses whom Dr. Combs might care to call, (2) that Dr. Combs
must be warned to exclude all "character" witnesses and introduce only persons conversant with
administrative matters at the College, and (3) that all testimony in the further hearings
should be recorded by a stenographer

After additional discussion as to the manner of conducting the hearings, resolutions
were adopted by the Board embodying the three provisions cited above, and resolving further
(1) that the next meeting be held at Fredericksburg on February 12th and 13th, (2) that the
Rector should write a letter to Dr. Combs inviting him to appear before the Board on
February 12th to make a further statement and to present on that date his additional
witnesses, (3) that Dr. Combs be invited to be present in the room when other witnesses
testified, and (4) that the Committee on Mary Washington College should arrange to call before
the Board either on February 12th or the following day any witnesses which the Committee
may feel can give relevant testimony


327

MARY WASHINGTON COLLEGE MATTERS

The Rector laid before the Board the following letter from President Combs

Office of the President
The Rector and Visitors of the University
of Virginia
University of Virginia
Charlottesville, Virginia
Ladies and Gentlemen

Authority is requested by officials of Mary Washington College of the University of
Virginia to prepare a plan for the Board's approval to grant an easement of right of
way to W. C. Spratt over the college property from Virginia Route #3 to the property of
W. C. Spratt situated in Spotsylvania County Virginia and to obtain for the college an easement
of right of way over the property of W. C. Spratt which divides the college property.
Authority is further requested to prepare a plan or plans for the approval of the Board to
exchange real estate by W. C. Spratt and the college should it be deemed mutually beneficial.

Sincerely yours,
/s/ M. L. Combs
M. L. Combs, President
MLC amd

The Board thereupon resolved that President Combs be granted authority to proceed with
the plans as requested.

- - - - - - - - - - - - - - - - -

On motion the meeting was then adjourned.

Barron F. Black
Rector
Francis L. Berkeley
Secretary