University of Virginia Library


246

Pursuant to the terms of the foregoing Resolution this Special Meeting of the
Board of Visitors of The Rector and Visitors of the University of Virginia was continued
at the time and place fixed by said Resolution.

Present Mrssrs. Scott, Corbitt, Rinehart, Lewis Williams, Garnett, Gray
Williams, Stuart, and Mrs. Munford.

Absent. Messrs. Goolrick and Hall.

The meeting was called to order by Mr. Frederick W. Scott, the Rector.

E. I. Carruthers, Secretary of the Board, again presented and read a copy of
the call of the meeting in the form herein before set out.

The Secretary also stated that as a reminder of the time to which this meeting
had been adjourned he had mailed a notice thereof to each member of this Board, said
notices having been placed in the Post Office on October 17th, 1936, addressed to each
member at his address as the same appears on the records of the University, said notice
being as follows

Dear Sir

This notice will remind you that the special meeting of the Board
of Visitors of The Rector and Visitors of the University of Virginia, held on
October 1st, 1936, was adjourned until 8:00 o'clock P. M., on Friday, October
23rd, at the President's Office at the University of Virginia, at which time
and place the items of business enumerated in the Rector's call of this meeting,
which were not disposed of on October 1st, 1936, will be considered and acted
upon.

It is important that every member of the Board be present.

Yours very truly,
Secretary.

The following resolutions were then offered by Mr. Corbitt and seconded by
Mr. Stuart:

BE IT RESOLVED by The Board of Visitors of the Rector and Visitors of the
University of Virginia as follows.

RESOLUTION NO. 2

AUTHORIZING THE ISSUANCE OF UNIVERSITY OF VIRGINIA LIBRARY BONDS IN THE
AGGREGATE PRINCIPAL AMOUNT OF $523,000.00, DETERMINING THE FORM THEREOF, AND THE TERMS
AND CONDITIONS UNDER WHICH SAID BONDS ARE TO BE ISSUED AND SECURED

Section 1. Bonds of The Rector and Visitors of the University of Virginia
(hereinafter referred to as the "Institution"), each to be known as "University of Virginia
Library Bond", are hereby authorized to be issued in the aggregate principal amount
of $523,000.00, pursuant to provisions of the Constitution of Virginia and an Act of the
General Assembly of Virginia, entitled. "An Act to authorize and empower educational institutions
of the State to erect buildings and to make other improvements to their plants
and for such purpose to borrow or accept money under the provisions of an Act of the Congress
of the United States, known as the National Industrial Recovery Act, approved June
16th, 1933, and any Acts amendatory thereof and any acts supplemental thereto and revisions
thereof, and any further act of the Congress of the United States, and to issue
bonds and certificates of indebtedness and other obligations, to provide funds for the
payment of the principal of and the interest on the same and to secure such payment, and
to authorize and empower said institutions to lease with or without the privilege of
purchase buildings and projects constructed pursuant to the provisions of said National
Industrial Recovery Act and any acts amendatory thereof and any acts supplemental thereto
and revisions thereof, and any further act of the Congress of the United States, and to
acquire and convey such real estate or other property as shall be required for such
buildings and projects", approved September 12th, 1933, constituting Chapter 49 of the
Acts of the General Assembly passed at the Extra Session of 1933, as amended by an Act of


247

the General Assembly, approved March 6th, 1936, constituting Chapter 123 of the Acts of
the General Assembly of Virginia of 1936, for the purpose of financing the construction and
equipment of a new Library Building to house the general library of the University of Virginia,
as provided in Section 3 hereof.

Section 2. Said bonds shall be dated January 1st, 1938, shall bear interest at
the rate of 4% per annum, payable on the first day of July, 1938, and semi-annually thereafter
on the first days of January and July in each year until maturity, shall be in denominations
of $1000.00 each, numbered from o to 523, inclusive, in order of maturity,
shall be coupon in form, registerable at the option of the holder as to principal only at
the office of the Treasurer of the Commonwealth of Virginia, in Richmond, Virginia, shall
be payable only out of the funds hereinafter in this Resolution provided, shall be payable
at the office of the Treasurer of the Commonwealth of Virginia, in Richmond, irginia in
any coin or currency which is, on the respective dates of payment of interest on and
principal of such bonds, legal tender for the payment of public or private debts, and
shall mature in the principal amounts of $6000.00 on January 1st, 1943; $8000.00 on
July 1st, 1943, $8000.00 on the first days of January and July in each of the years 1944
to 1948, both inclusive; $8000.00 on January 1st, 1949, $9000.00 on July 1st, 1949,
$9000.00 on the first days of January and July in each of the years 1950 to 1955, both
inclusive, $10,000.00 on the first days of January and July in each of the years 1956
to 1967, both inclusive, and $10,000.00 on January 1st, 1968. Said bonds shall be substantially
in the following form:

UNITED STATES OF AMERICA.

NUMBER

_____

$1000.00

NUMBER

_____

$1000.00

COMMONWEALTH OF VIRGINIA
THE RECTOR AND VISITORS OF THE
UNIVERSITY OF VIRGINIA

UNIVERSITY OF VIRGINIA LIBRARY BOND.

THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, a state institution in
the Commonwealth of Virginia, for value received, promises to pay to the Bearer of this
bond, or, if it be registered, to the registered holder, solely from the Bond and
Interest Sinking Fund Account hereinafter mentioned (hereinafter called the "sinking
Fund"), and not otherwise, the sum of

—ONE THOUSAND DOLLARS—

($1000.00) on the first day of __________, 19__, and solely from said Sinking Fund and
not otherwise, to pay interest thereon at the rate of four per centum(4%) per annum, on
the first day of July, 1938, and semi-annually thereafter on the first days of January and
July in each year from the date of this bond until it matures, upon presentation and
surrender as they severally mature of the coupons therefor annexed hereto. Subject to
the terms and conditions hereinabove provided, both principal of and interest on this
bond will be paid in any coin or currency which, on the respective dates of payment of
the principal of and interest on this bond, is legal tender for the payment of public or
private debts, at the office of the Treasurer of the Commonwealth of Virginia, in the
City of Richmond, Virginia.

This bond may be registered at the option of the holder, as to principal only,
on the book kept for that purpose in the office of the Treasurer of the Commonwealth of
Virginia, in Richmond, Virginia, in accordance with the provisions endorsed on the back
hereof.

This bond is one of an issue, the authorized principal amount of which is Five
Hundred and Twenty-three Thousand Dollars (523,000.00), the bonds of which are of like
tenor, except as to numbers and maturity, and is issued pursuant to the Constitution of
the Commonwealth of Virginia, and an Act of the General Assembly of the Commonwealth of
Virginia, entitled: "An Act to authorize and empower educational institutions of the
State to erect buildings and to make other improvements to their plants and for such
purpose to borrow or accept money under the provisions of an act of the Congress of the
United States, known as the National Industrial Recovery Act, approved June 16th, 1933,
and any acts amendatory thereof and any acts supplemental thereto and revisions thereof,
and any further act of the Congress of the United States, and to issue bonds and certificates
of indebtedness and other obligations, to provide funds for the payment of the
principal of and the interest on the same and to secure such payment, and to authorize and
empower said institutions to lease with or without the privilege of purchase buildings
and projects constructed pursuant to the provisions of said National Industrial Recovery
Act and any acts amendatory thereof and any acts supplemental thereto and revisions thereof,
and any further act of the Congress of the United States, and to acquire and convey such
real estate or other property as shall be required for such buildings and projects",
approved September 12th, 1933, constituting Chapter 49 of the Acts of the General Assembly
of the Commonwealth of Virginia, Extra Session of 1933, as amended by an Act of the General
Assembly, approved March 6th, 1936, constitution Chapter 123 of the Acts of the General
Assembly of the Commonwealth of Virginia of 1936, and by virtue of a Resolution of the
Board of Visitors of said Institution entitled. - "Resolution authorizing the issuance of
University of Virginia Library Bonds in the aggragate principal amount of $523,000.00, and
determining the form thereof and the terms and conditions under which said bonds are to be
issued and secured", duly and finally adopted on October 23rd, 1936, and approved by the
Governor of the Commonwealth of Virginia on October      , 1936.

The issue of bonds of which this bond is one is authorized for the purpose of
financing the construction and equipment of a new library building to house the general
library of the institution (hereinafter called the "Project"). It is hereby convenanted
and agreed that the institution, upon the completion of said project and acceptance thereof
will charge and collect for or in connection with the use, facilities or services of
the project and replacements thereof, or services rendered therein, such fees and charges
as the Board of Visitors of the institution shall deem proper so that the project shall
always have sufficient receipts and revenues determined as provided by sub-section(e) of
Section 6 of said Act to provide for the payment of all expenses of operation and maintenance
of the project (including insurance) but not including salaries of the Executive


248

Staff, in addition to the discharge, in due course, of any liabilities of debts of the institution
incurred in connection with the project. And that a part of any such fees and
charges so collected, sufficient to pay the principal of and interest on the bonds of said
issue as such principal and interest respectively become due, will annually be set aside
in the said Bond and Interest Sinking Fund Account in the manner and to the extent provided
in said resolution. Said Sinking Fund is hereby irrevocable pledged to the payment
of the principal of and interest on the bonds of said issue as they severally become
due, and the institution shall not be liable to make such payment out of any other fund
or moneys whatsoever.

In the event of default in Section Seven of said Act, the holders of twenty-five
per centum (25%) in aggregate principal amount of the bonds then outstanding of the
issue of which this bond is one, may appoint a Trustee and the principal of all the bonds
may be declared due and payable before the maturity thereof and a Receiver may be appointed
on the conditions, in the manner, at the time and with the effect provided in Section
Seven of said Act. Said bonds shall not be in any way a debt of the Commonwealth of Virginia,
and shall not create or constitute any indebtedness or obligation of the Commonwealth,
either legal, moral or otherwise. Neither the Governor of the Commonwealth of
Virginia, nor the members of the Board of Visitors of the Institution, nor any person
executing said bonds shall be liable personally of the bonds, or be subject to any personal
liability or accountability by reason of the issuance thereof.

It is hereby certified and recited that all conditions, acts and things required
by the Constitution and Statutes of the Commonwealth of Virginia to exist, to have
happened, and to have been performed precedent to and in the issuance of this bond exist,
have happened and have been performed, and this bond does not constitute an indebtedness
within the constitutional or general statutory limitations of the Commonwealth, or any public body.

IN WITNESS WHEREOF, The Rector and Visitors of the University of Virginia has
caused this bond to be signed in its name by its President, and its corporate seal to be
hereunto affixed and attested by the Secretary of its Board of Visitors, and the interest
coupons hereto attached to be authenticated by the facsimile signature of its Bursar,
and this bond to be dated the first day of January, 1938.

THE RECTOR AND VISITORS OF THE UNIVERSITY
OF VIRGINIA
By, ____________________
President.

Attest:
____________________
Secretary, Board of Visitors

FORM OF COUPON

Subject to the terms and conditions expressed in the bond hereinafter mentioned,
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA will, upon surrender hereof, pay to
Bearer on the first day of _____, 19__, the sum of Twenty Dollars ($20.00), in any coin
or currency which on said date is legal tender for payment of public or private debts, at
the office of the Treasurer of the Commonwealth of Virginia, in the City of Richmond,
Virginia, being six (6) months' interest then due on its University of Virginia Library
Bond, dated January 1, 1938, and bearing NO._____

_______________
Bursar.

CERTIFICATE OF REGISTRATION

I hereby certify that upon the written request of the holder, the within bond
was this day registered in the name of the first registered holder indicated below, on
the book kept in the office of the Treasurer of the Commonwealth of Virginia, in Richmond,
Virginia, and is transferable only upon siad books upon presentation to the said Treasurer
of Virginia, with written assignment duly acknowledged or proved, at which time the name
of the assignee shall be entered thereon and in siad book by said Treasurer, and in payable
to the registered holder, assignee, successor of legal representative, at the time
and place stated in the bond. This bond may be discharged from registration by being in
like manner transferred to bearer, after which transferability by delivery shall be restored,
but it may, from time to time, again be registered or transferred to bearer as
before. No such registration shall affect the negotiability of the coupons which shall
continue to pass by delivery.

IN WITNESS WHEREOF, I have hereunto set my hand this _____day of _____, 19.

____________________
Treasurer of the commonwealth of Virginia.

 
DATE OF REGISTRATION  NAME OF REGISTERED HOLDER  TREASURER 

249

PANEL ON BACK OF BOND:

NUMBER

_____

UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
THE RECTOR AND
VISITORS OF THE
UNIVERSITY
OF VIRGINIA

UNIVERSITY OF VIRGINIA
LIBRARY BOND
$1000.00
PRINCIPAL DUE
_____1, 19__
INTEREST DUE
JANUARY 1 and JULY 1

Principal and Interest Payable at the
office of the Treasurer of the Commonwealth
of Virginia, in the City
of Richmond, Virginia.

Section 3. The proceeds derived from the sale of said bonds, and the funds
received from the United States of America pursuant to its Offer dated September 22,
1936, accepted by resolution adopted October 1, 1936, shall be used for and are hereby
appropriated to the purpose of paying the cost of construction and equipment of a new
library building to house the general library of the University of Virginia (hereinafter
called the "project"), in accordance with the plans and specifications prepared by Messrs.
Taylor & Fisher of Baltimore, Maryland, approved by the State Art Commission and heretofore
filed with the Federal Emergency Administration of Public works, and any amendments
and revisions thereof, including the repayment with interest at the rate of four per centum
per annum of any unrestricted funds of the University in the consolidated fund account
which may after the sale but prior to the delivery of said bonds be applied to temporarily
financing such cost under authority of a resolution adopted Jun 26, 1936. It is hereby
determined that interest during the period of construction on moneys applied to such
temporary financing, and the cost of issuance of said bonds, shall be deemed a part of
the cost of construction and equipment of said project. It is also hereby determined
that the construction and equipment of such project as hereinabove described, is a purpose
for which bonds may lawfully be issued under the provisions of the act hereinabove
referred to.

Section 4. Said bonds shall be special obligations of the institution, payable
only from the revenues and receipts of the project and secured by a first and exclusive
pledge of the Bond and Interest Sinking Fund Account, as hereinafter in Section
6 provided.

Section 5. The Institution shall during the term of said bonds fix and collect
fees and charges for the use and facilities of said Library Building so that the
revenues and receipts to be deemed as derived directly or indirectly from the project
shall be sufficient at all times to pay the interest on and principal of said bonds as
and when the same become due and to provide the reserve for contingencies hereinafter
described, and to pay the cost of operation and maintenance (including insurance) of
the project. Pursuant to said Act, it is hereby determined for the periof hereinafter
stated that

(a) The revenues and receipts to be deemed as derived directly or indirectly
from the project are the fees and charges, in the nature of Library Fees, for the use,
services and facilities of the project to be charged to and collected from students of
the institution and others dueing and in respect of all or any part of the calendar year
beginning on the first day of the month next ensuing after the completion of the project,
but shall not include any funds received or receivable from the Commonwealth of Virginia.

(b) The costs and expenses of the operation and maintenance of the project
are the reasonable expenses of the institution (in so far as they constitute a new or
added expense of the institution) for the operation and maintenance of the project up to
the end of the calendar year beginning on the first day after the completion thereof,
including, without limiting the generality of the foregoing, charges for heating, lighting,
power, janitor service, water, telephone, supplies (not including books, periodicals,
magazines and other forms of reading materials) maintenance, repairs and insurance (but not including salaries of the Executive Staff).

Section 6. The institution shall set aside as collected and deposit a portion
of the library fees and charges aforesaid in a "Bond and Interest Sinking Fund Account"
(herein referred to as the "Sinking Fund"), to the extent only as hereinafter in this
section profided. So long as any of said bonds shall remain outstanding the money in the
Sinking Fund shall be exclusively pledged to and used solely for the purpose of paying
the interest on and the principal of such bonds. During each period of six months beginning
six months prior to the date of the first maturity of said bonds and continuing
up to and including the period of six months beginning January 1, 1942, there shall be so
set aside and paid into said Sinking Fund out of the fees and charges aforesaid an amount
equal to 110 per centum of the amount required to pay all interest and principal payments
falling due on or before the next date when any of the bonds mature. The amount by which
such payments into the Sinking Fund exceed the aggregate amount of interest and principal
falling due on or before such dates shall be held in the Sinking Fund as a reserve for
contingencies and shall be used only in accordance with the provisions of this resolution
During each period of six months beginning July 1, 1942, and continuing so long as any of
said bonds shall remain outstanding, there shall be so set aside and paid into such Sinking
Fund out of said fees and charges an amount equal to the amount required to pay all
interest and principal falling due on or before the next date when any of the bonds
mature, provided, however, that no further payments need be made into said Sinking Fund
when the amount of money held in said Sinking Fund (including the reserve for contingencies)
equals the amount of interest and principal that will be payable at the time of the


250

maturity of all the bonds then outstanding. If, in any such period, the institution shall
fail to pay into the Sinking Fund the full amount hereinabove stipulated, then an amount
equal to the amount of such deficiency shall be set aside and paid into the Sinking Fund
out of the First such fees or charges available in the following period, without, however,
abating the amount required hereunder in such following period. If the institution shall
fail to make such payment into the Sinking Fund, as aforesaid, during any such period, any
funds then held in the Sinking Fund as a reserve for contingencies as above provided shall
be used for the payment of any portion of the interest on or principal of the bonds on
which there would otherwise be a default, but the amount by which such reserve is so reduced
by such payment shall be replaced from the first such fees or charges available
in the following period or periods, in excess of the required payment for the then current
period.

Section 7. The institution shall keep complete and accurate accounts of all
sums of money received and disbursed in connection with the construction, equipping,
operation and maintenance of the project, including, without limiting the generaligy of
the foregoing, a complete and accurate record of all such fees or charges charged or collected,
and all sums disbursed for payment of the interest on and principal of said bonds.
Within sixty days after the close of each fiscal year, beginning with the fiscal year which
closes June 30, 1939, the institution shall prepare and furnish to the holder or holders
of any of said bonds who may request the same, complete operating and income statements
of the project, covering the prededing fiscal year in reasonable detail and certified by
the Bursar of the University. Such operation and income statements shall be certified
by an independent auditor (at the expense of the Institution) if demand for such independent
audit be made by the holder or holders of twenty per centum (20%) of the bonds
at any time outstanding.

Section 8. So long as any of said bonds remain unpaid, the Institution shall
maintain the project in good condition and operate the same in an efficient manner and
at a reasonable cost, and shall maintain insurance upon said New Library Building of a
kind and in an amount which usually would be carried by a private corporation operating
a similar project, the policies of insurance to be made payable to "The Rector and Visitors
of the University of Virginia". The proceeds of any such insurance in event of loss
shall be used only for—(a) replacements or repairs, or, at the option of the Institution,
(b) payments into the Sinking Fund. Nothing in this section whall be construed or operate
as requiring the Institution to pay the costs of operation and maintenance of the project
out of any other funds than the revenues and receipts derived directly or indirectly from
the project.

Section 9. So long as any of said bonds shall remain outstanding the Institution
shall not issue any additional bonds of any other authorized issue or other evidences
of indebtedness payable from the revenues and receipts of said project unless the lien
and security of such additional bonds or evidences of indebtedness of such receipts and
revenues are made junior and subordinate in all respects to the lien thereon of the bonds
hereinbefore described.

Section 10. The holders of said bonds are, and shall be, entitled to all the
benefits of and subject to the provisions of Section 7 of the Act referred to in Section
1 of this Resolution, and any Trustee appointed by the holders of bonds pursuant to said
Section 7 of said Act shall have the powers provided by sub-division (e) of said Section
7 of said Act.

Section 11. The provisions of Section 5 to Section 9, both inclusive, of
this Resolution shall be a part of the cont act with the holder or holders of the bonds,
and the President or Bursar, or other Executive or Financial Officers of the Institution,
shall be, and they are hereby, authorized and empowered to do any and all things necessary,
proper or convenient in order to fully carry out and perform the agreements on the
part of the Institution to be carried out and performed pursuant to said Sections.

RESOLUTION NO. 3

AUTHORIZING CONSTRUCTION OF A NEW LIBRARY BUILDING TO HOUSE THE GENERAL LIBRARY
OF THE UNIVERSITY, AND GRANTING CERTAIN POWERS IN CONNECTION THEREWITH.

The Board doth hereby authorize the construction of a new Library Building upon
the grounds of the University of Virginia, in accordance with the plans and specifications
prepared by Messrs. Taylor & Fisher, Architects of Baltimore, Maryland, approved by the
State Art Commission of the State of Virginia, and attached to application heretofore
filed with the Federal Emergency Administration of Public Works, P.W.A. Docket No. 1075,
and all amendments, revisions and extensions thereof.

And J. L. Newcomb, President of the University, and Hollis Rinehart, Chairman of
the "New Buildings Committee", of The Rector and Visitors of the University of Virginia,
or either of them, or any person or persons designated in an instrument in writing, signed
by them, are hereby authorized to advertise for bids for said work.

And said New Buildings Committee is hereby empowered, authorized and directed
to accept such bid or bids as to a majority of said Committee may seem wise, and to reject
any or all bids which, in the opinion of a majority of said Committee should be
rejected, and to require such bond or bonds conditioned for the faithful performance of
the work, or of any part thereof, as to them may seem proper.

Furthermore, said New Buildings Committee shall scrutinize and pass upon the
form and sufficienty of any contract or contracts prepared and proposed to be entered
into by The Rector and Visitors of the University of Virginia, and any contractor or
contractors, sub-contractors and/or materialmen with reference to the construction of
said building, or furnishing materials therefor. And upon approval of such contract or
contracts by a majority of said New Buildings Committee.

J. L. Newcomb, President of the University, is hereby authorized and empowered
to execute and deliver such contract or contracts in the name and on behalf of The Rector
and Visitors of the University of Virginia, and E. I. Carruthers, the Secretary, shall
affix the corporate seal thereto, and attest the same.


251

RESOLUTION NO. 4

ACCEPTING OFFERS OF WILMINGTON TRUST COMPANY AND OF SCOTT & STRINGFELLOW TO
PURCHASE SAID BONDS, AND PROVIDING FOR EXECUTION, AWARD AND DELIVERY OF SAID BONDS.

An offer, in writing, of Wilmington Trust Company, as Trustee, under agreement
with Philip F. duPont, dated January 21st, 1927, to purchase four hundred thousand dollars
($400,000) face value of said bonds at par and accrued interest to date of payment
therefor, which offer is dated June 24, 1936, and an offer in writing of Scott & Stringfellow
to purchase one hundred and twenty-three thousand dollars ($123,000) face value
of said bonds at par and accrued interest to date of payment therefor, which offer is
dated June 26, 1936, were then presented to the meeting, and each of said offers was
read and the terms thereof considered in detail, said offers being in the following terms:

OFFER OF WILMINGTON TRUST COMPANY

I certify that the following is a true and correct copy of a certain
Resolution adopted by the Trust Estates Committee of the Board of Directors
of the Wilmington Trust Company, a Delaware corporation, at a special meeting
duly called for that purpose on June 24, 1936, at 4,30 o'clock P. M., at shich
a quorum was present.

RESOLVED, that the Wilmington Trust Company, as Trustee under
agreement with Philip F. duPont, dated January 21, 1927, subscribe
at par and accrued interest, upon the conditions hereinafter set
forth, to $2,00,000 face value of 4% 30-year serial special revenue
bonds, to be issued by The Rector and Visitors of The University of
Virginia under the provisions of Chapter 49 of certain Acts pertaining
to the National Recovery program enacted at the Special Session
of the General Assembly of Virginia in 1933, the proceeds of said
bonds to be applied for the erection of a new library building for the
University of Virginia. The said subscription is and shall be on condition
that the Federal Emergency Administration of Public Works of
the United States make a grant of $427,909 for the construction of
said library building. The said $400,000 face value of said bonds to
be purchased and paid for by said Trustee when, as, and it said library
building shall have been completed and paid for, and immediately upon
the submission to said Trustee of satisfactory evidence of such completion
and apyment. The said subscription shall be conditioned upon
the terms and conditions of the bonds, the agreement or indenture securing
the bonds, resolutions authorizing the same, convenants and
provisions with respect to insurance upon the library building, and
any supplementary documents, papers and instruments deemed necessary
or desirable, being in form and substance acceptable to counsel for
Wilmington Trust Company.

IN WITNESS WHEREOF, I have caused the seal of the Wilmington Trust Company
to be affixed this 30th day of June, A. D., Nineteen Hundred and Thirty-six (1936)

(Signed) A. W. Birch
Assistant Secretary.
illustration[Description: (SEAL)]

OFFER OF SCOTT & STRINGFELLOW

Dr. J. L. Newcomb, President
University of Virginia
University, Virginia.
Dear Sir:

We hereby agree to subscribe at par, upon the conditions
hereinafter set forth, to $123,000.00 face value of a proposed bond
issue of $523,000 par value 4% 30-year serial Special Revenue Bonds
to be issued by the Rector and Visitors of the University of Virginia,
under the provisions of Chapter 49 of Certain Acts pertaining
to the National Recovery Program, enacted at the Special Session of
the General Assembly of Virginia of 1933, and any amendments or extensions
thereof, proceeds of said bonds to be applied to ward the
erection of a new Library Building for the University of Virginia.

This subscription is made upon the condition that the
Federal Emergency Administration of Public Works of the United
States makes a grant of $427,909 for the construction of sais Library
Building.

The said subscription is further conditioned upon the terms
and conditions of the said bonds, the agreement or indenture providing
for the payment of principal and interest thereon, resolutions of the
Board of Visitors of the University of Virginia authorizing the same,
and any supplementary coduments, papers and instruments deemed necessary
or desirable being in form and substance acceptable to our counsel.

Very truly yours,
(Signed) Scott & Stringfellow

252

It was thereupon

RESOLVED: That each of said offers be, and each is hereby accepted by this
Board in the forms respectively submitted and set out in the preamble to this Resolution,
that said offers in the original form submitted to this meeting shall be filed in the
office of the Bursar; that the foregoing Resolutions designated upon the minutes of this
meeting as Numbers 2, 3 and 4, together with said two offers, are hereby declared to
make up and constitute a contract between this Institution and the holders of said bonds
which shall be as binding upon this Institution and upon said bondholders as though all
the terms and conditions of said Resolutions and of said offers to purchase had been embodied
in a separate agreement properly executed and delivered.

And J. L. Newcomb, President of the Institution, is hereby authorized and empowered
to execute said bonds in the name and on behalf of The Rector and Visitors of
the University of Virginia, and E. I. Carruthers, Secretary of the Board of Visitors, is
hereby authorized and empowered to affix the seal of the Institution to each of said
bonds, and to attest the same.

And said E. I. Carruthers, Bursar, is further authorized and empowered to cause
the coupons annexed to said bonds to be authenticated by the facsimile of his signature,
as Bursar, and the President or Bursar is hereby authorized and directed to deliver said
bonds to the purhcasers thereof upon receipt of payment therefor, in accordance with
the terms of the foregoing Resolutions and offers, said bonds being hereby awarded as
follows:

Wilmington Trust Company to have:

                   
Bonds Nos.  1- 12  Aggregating  $ 12,000.00 
Bonds Nos.  25- 36  Aggregating  12,000.00 
Bonds Nos.  49- 60  Aggregating  12,000.00 
Bonds Nos.  77- 92  Aggregating  16,000.00 
Bonds Nos.  109-124  Aggregating  16,000.00 
Bonds Nos.  141-156  Aggregating  16,000.00 
Bonds Nos.  175-192  Aggregating  18,000.00 
Bonds Nos.  211-228  Aggregating  18,000.00 
Bonds Nos.  244-523  Aggregating  280,000.00 
$ 400,000.00 

Scott & Stringfellow to have.

                 
Bonds Nos.  13- 24  Aggregating  $ 12,000.00 
Bonds Nos.  37- 48  Aggregating  12,000.00 
Bonds Nos.  61- 76  Aggregating  16,000.00 
Bonds Nos.  93-108  Aggregating  16,000.00 
Bonds Nos.  125-140  Aggregating  16,000.00 
Bonds Nos.  157-174  Aggregating  18,000.00 
Bonds Nos.  193-210  Aggregating  18,000.00 
Bonds Nos.  229-243  Aggregating  15,000.00 
$ 123,000.00 

The foregoing Resolutions Nos. 2, 3 and 4 were read in full to said meeting
and discussed.

The Rector thereupon stated that said Resolutions Nos. 2, 3 and 4, together
with copies of said offers of Wilmington Trust Company and of Scott and Stringfellow, to
purchase said bonds have been presented to the Governor, and have been examined and
approved by him. A certificate setting forth this fact, and signed by Honorable George
C. Peery, Governor of the Commonwealth of Virginia, was then presented to the meeting
and ordered to be filed as a part of the minutes of this meeting.

Mr. Corbitt thereupon moved the adoption of said Resolutions Nos. 2, 3 and 4.
The motion was seconded by Mr. Stuart, and said Resolutions were adopted by the following
vote

Ayes: Mrssrs. Scott, Corbitt, Rinehart, Lewis Williams, Garnett, Gray Williams,
Stuart and Mrs. Munford.

Nays: None

The President then stated to the meeting that he had been requested by Governor
Peery to ask that the following Resolutions also be adopted.

(a) RESOLVED that no request will be made for an appropriation from the State
of Virginia for the payment of any expenses incurred in equipping or maintaining the said
project, or in providing the funds required for liquidating the indebtedness incurred for
the erection or equipment, thereof. The word "maintaining", as used in this resolution,
shall be construed in accordance with the provisions of paragraph (b) of Section 5 of
the foregoing Resolution No. 2, without application of the time limit as expresses therein.

(b) And be it further

RESOLVED that all fees and charges derived from the project shall be paid into
the State Treasury, to the credit of the University of Virginia, for expenditure for the
purposes expressed in the foregoing Resolutions Nos. 2, 3 and 4.

Said Resolutions, being read and considered, Mr. Garnett, thereupon, moved
that they be adopted, whidh motion was seconded by Mr. R. G. Williams, and said Resolutions
were thereupon adopted by the following vote.

Ayes: Messrs. Scott, Corbitt, Rinehart, Lewis Williams, Garnett, Gray Williams,
Stuart and Mrs. Munford.

Nays: None


253

The following motion with respect to procedure necessary to establish the legality of the
New Library Bonds was adopted:

RESOLVED, that the Rector be and he is hereby authorized to apply through the
attorney for the Rector and Board of Visitors, to any court with proper jurisdiction to
pass upon the power of the Rector and Board of Visitors to borrow money under the provisions
of the Act of 1933, Ch. 49, p. 83 as amended by Act of 1936, Ch. 123, p. 212,
from any source other than an agency of the United States and to issue bonds therefor.

The President made the following announcements:

         
Attendance as of October 22, 1936  2533 
Summer session 1936 (net)  1307 
Extension Division  1331 
Nurses' Training School  175 
Total  5346 

Gifts:

 
From the late Mrs. Laura Carter Stitt,  $2,500.00. 

Death of Dr. A. McLaren White, Associate Professor of Chemical
Engineering caused the adoption of the following resolution.

RESOLVED, by the Rector and Visitors of the University of
Virginia that they hear with profound regret of the untimely death
on September 23, 1936, of Dr. A. McLaren white, who had been elected
Associate Professor of Chemical Engineering, but died before beginning
his duties at the University of Virginia.

On recommendation of the President, the following were voted

Leave of absence was granted George B. Zehmer, Associate Professor
of Education and Director of Extension, from November 1, 1936 to June
15, 1937, without salary, to study abroad on a General Education Board
Fellowship.

Appointment of John A. Rorer, Associate Professor of Extension,
Acting Director of Extension from November 1, 1936 to June 15, 1937,
with an increase in his salary of $100 per month for said period.

The resignation of Dr. Albert Eugene Casey, Associate Professor of
Pathology was accepted with regret.

Elections:

  • Dr. Robert Dewey Hollowell was elected Associate Professor of Preventive
    Medicine at a base salary of $1,500.00.

  • Dr. William N. Weaver was elected Instructor in Pathology for the session
    of 1936-37, at a flat salary of $1,500.00 for the session.

Promotions:

  • Dr. J. K. Scott was promoted from Instructor to Assistant Professor of
    Pathology, at a base salary of $2,800.00 for the session of 1936-37.

  • The salary of Dr. F. W. Foote, Instructor in Pathology, was increased
    from $1,000.00 to a base salary of $1,900.00 for the session of 1936-37.

The President presented to the Board the fire emergency existing in connection with the
old non-fireproof group of hospital buildings. After consideration of the matter, it was

RESOLVED, that the sum of $17,500 authorized by the Governor as a loan for the
installation of the Sprinkler System in the old Hospital Group be and the same is hereby
approved, and this sum is authorized to be expended for the purpose of the installation
of a sprinkler system and the necessary extension of the water mains connected therewith.

The President advised the Board that the University and the Theological Seminary in Virginia
jointly owned a residence, property bequeathed to the two institutions by Dr. Wm.
H. McKim, and that he had received an inquiry as to a sale price of the property. Following
a very thorough investigation of the matter by the authorities of the Seminary, it
had been decided to accept $5,500 for the said property. The President recommended the
following resolution, which was adopted.

RESOLVED, that we accept the proposal of the Theological Seminary in Virginia
to offer the house located 1005 North Calvert Street, Baltimore, and jointly owned by
the Theological Seminary and the University of Virginia at a price of $5,500, and be it

FURTHER RESOLVED, that if the sale is effected the Rector of the University be
and he is hereby authorized to execute deed on behalf of the Rector and Visitors.

The President read a proposed lease between Little Stony Game and Fisk Preserve, Incorporated,
a Virginia Corporation, and the Rector and Visitors of the University of Virginia,
whereby the party of the first part leases unto the party of the second part a tract of
land Situated in Giles County, Virginia, about one mile northeastward from Mountain Lake,
containing five hundred and seventy-three acres, more or less, for a period of 50 years,
to be used as a site for an establishment to be devoted exclusively to the promotion of
science and education, in connection with the University's Mountain Lake Biological Station.
The said lease is without cost to the University. The proposed lease was approved,
and the Rector and the Secretary authorized to execute the same on behalf of the University.

The President presented a letter from The Lawrenceville Baptist Church requesting that the
rate of interest on its loan of $5,150.00, which came to the University from the Dr. Walter
M. Seward Estate, be reduced from 6% to 5%. On motion, the reduction in interest was
made, effective October 1, 1936.

The President advised the Board that the Delta Chi Fraternity, to which the University
made a loan of $9,000 in 1923, had not only defaulted on its principal payments on said
debt, but had also defaulted on its interest since April 1, 1935, which to October 1, 1936


254

amounts to $510.00 and also that the University had been obliged to pay the fire insurance
premium of $60.80, making a total obligation of $9,570.80 to October 1, 1936. Furthermore,
that the Fraternity had abandoned the property and delivered the key thereto to the University.
On motion, the President was authorized to take such action as may be proper to
protect the interest of the University in the matter.

The following motion by Mr. Stuart was adopted:

RESOLVED, that the President of the University be requested to furnish the Board
at an early date with information as to the number of law graduates of the University who
have taken the Virginia State Bar Examination and the number who passed this examination
during the ten years last past, giving separate figures for each examination, and separately
the like figures for law students of the University who were not graduates.

The following motion in re: bids for excavation and footings for nee library building,
was adopted:

RESOLVED, that the action of the New Buildings Committee in heretofore advertising
for separate bids for the excavation and footing for foundation of the New Library
Building, be, and is hereby ratified and approved.

The President submitted a list of Negroes qualified to enter the University who had made
application since the last meeting of the Board and been denied admission, showing 29
individuals with grant allowances of $1,675.35.

The applications of the persons, or applicants whose names are set out below
having been considered by the Board, it is Resolved and ordered that said applicants be
and they are hereby denied admission to the University of Virginia.

                                                             
NAME  RESIDENCE  INSTITUTION  AMOUNT 
Alston, George T.  Norfolk  Howard  50.00 
Barksdale, Bessie C.  South Boston  U. Mich.  56.85 
Brooks, Lyman B.  Blakes  U. Mich.  56.85 
Cavell, W. W.  Richmond  U. Mich.  56.85 
Claytor, John B.  Roanoke  Meharry M. C.  50.00 
Cox, Frances Catherine  Ettrick  Columbia  75.00 
Davis, Arthur P.  Richmond  Columbia  75.00 
Duiguid, Wm. Sherwood  Lynchburg  Howard  50.00 
Foster, R. W.  Richmond  U. Mich.  56.85 
Griggs, Jesse P.  Va. Beach  Indiana U.  50.00 
Henderson, Annie V.  Richmond  U. Mich  56.85 
Jeffreys, Richard L.  Chase City  U. Mich.  56.85 
Jeffries, L. F.  Richmond  U. Chicago  50.00 
King, Montgomery W.  Buckroe Beach  Howard  50.00 
Lockett, John L.  Ettrick  Rutgers U.  75.00 
Martin, Matrin A.  Danville  Howard  50.00 
Meekins, William R.  Hampton  Howard  50.00 
Palmer, Edward Nelson  Newport News  U. Mich.  56.85 
Pleasants, Alfred W.  Lexington  Meharry M. C.  50.00 
Pretlow, Jocelyn C.  Smithfield  Columbia  75.00 
Robinson, Selena B.  Ettrick  U. Penna.  75.00 
Robinson, Spottswood W.  Richmond  Howard  50.00 
Smith, Ola Margretia  Richmond  U. Mich.  56.85 
Smithy, Woodrow Wilson  Norfolk  U. Mich.  56.85 
Spiller, William Michael  Norfolk  U. Mich.  56.85 
Tidline, Nellie Frances  Richmond  Cornell  75.00 
Waddy, Joseph Cornelius  Louisa  Howard  50.00 
Watman, Charles J., Jr.  Ettrick  Atlanta U.  50.00 
Wingo, D. C.  Amelia C. H.  U. Mich.  56.85 
Total  $1675.35 

And it appearing to the satisfaction of the Board that the persons or applicants
above named are bona fide residents and citizens of Virginia, that they possess the qualifications
of health, character, ability and preparatory education customarily required for
admission to the University of Virginia, that they are unable to obtain from any Virginia
State College, State University, or other State Institution, educational facilities equal
to those here applied for, and that such equal educational facilities can be provided and
furnished to said applicants by other colleges, universities and institutions not operated
as an agency or institution of the State of Virginia, it is further resolved and ordered
that, out of the funds appropriated by the State to the University of Virginia, said University do pay to said applicants, severally, or to the institution or institutions
attended by the, as and when needed, such sums, if any, as may be necessary to supplement
the amount which it would cost said applicants to attend the University of Virginia, said
payment to be made pursuant to the authority vested in this Board by the provisions of
chapter 352 of the Acts of the General Assembly of 1936 (Acts 1936, p. 561.). And there
is hereby appropriated for scholarships the amount of money set opposite the name of
each of the above applicants.

On motion the meeting was adjourned.

C. Harding Walker
RECTOR.
E. I. Carruthersa
SECRETARY.