 | Board of Visitors minutes January 28, 1938 |  |
A special meeting of the Board of Visitors was held on this date at 10:30 o'clock
with the Rector, Fred. W. Scott and Visitors Garnett, Rinehart, Stuart, L. C. Williams and
R. Gray Williams, and President Newcomb present.
Minutes of the previous meeting, which had been copied and mailed to the members,
were approved.
The President made the following announcements:
Enrollment to date, 2705.
| From the Estate of Dr. James D. Minor for the establishment of a scholarship to be known as the "James L. Minor Scholarship" |
$10,000 | |
| From the General Education Board for the conference of teachers of political science, during the summer of 1938 |
$1200 | |
| For the purchase of additional books in the field of political science |
1800 | 3,000 |
| From the General Education Board, to be used by Mr. George B. Zehmer, Director of Extension, in connection with his trip to Canada, Mexico, and points in the United States |
500 | |
| From General Education Board for Recataloguing Library |
20,000 |
Resignation of Prof. Richard Heath Dabney, in which the following motion, made by Mr.
Christopher B. Garnett and seconded by Mr. Lewis C. Williams, two of his old students,
was adopted:
RESOLVED, by the Rector and Visitors of the University of Virginia
that the resignation of Dr. Richard Heath Dabney, Corcoran Professor of
History in the University, be and the same is hereby accepted with regret.
Dr. Dabney has carried forward his work here at the University for nearly
fifty years with devotion and skill, and the Rector and Visitors wish for
him the joy and satisfaction which come of duty faithfully performed.
Resignation of Mr. I. Martin Leavitt, in which the following motion was adopted:
RESOLVED, by the Rector and Visitors of the University of Virginia
that the resignation of Mr. I. Martin Leavitt as Acting Assistant Professor
of Law be and the same is hereby accepted. For two years Mr. Leavitt has been
successfully assisting in the teaching work of the Law School and the Rector
and Visitors wish for him distinguished success in the practice of law.
Election of Marcus B. Mallett, Instructor in Philosophy, in which the following
motion was adopted:
RESOLVED, by the Rector and Visitors of the University that Mr. Marcus
B. Mallett be and he is hereby elected Instructor in Philosophy in the University
of Virginia for the Session 1938-39, at a salary of $2,000 for the nine months.
Application of Prof. Thomas P. Abernethy for loan from the endowment funds of $8,000
at 5% to be used towards the erection of a residence to cost $10,500 on the Barracks Road,
just off Rugby Road, to be repaid after the expiration of five years at the rate of not
less than $500 per year, to be secured on 1st mortgage, was granted.
The matter of widening West Range Road was referred to Mr. R. Gray Williams to be
taken up with Mr. H. G. Shirley and Mr. Massie.
The proposed addition to the Hospital for accomodation of psychiatric patients was
approved in the following motion, adopted:
RESOLVED, by the Rector and Visitors of the University of Virginia
that the New Buildings Committee of the Board, acting in conjunction with the
President, discuss informally with mr. R. E. Lee Taylor the possibility of
adding two stories to the Preventorium Wing of the Hospital, for the hospital
care and treatment of psychiatric patients, out of the money contributed to
the University by Mr. Paul G. McIntire for this purpose, and
RESOLVED, FURTHER, that if this building proposal becomes financially
feasible the Committee is authorized and directed to enter into an agreement with
Mr. Taylor for the preparation of plans and specifications at a compensation not
to exceed 5 per cent of the cost.
The President stated that his attention has recently been called by Mr. Paul Goodloe
McIntire to the terms of two trusts created by Mr. McIntire, as of December 5th, 1923, by
which funds amounting to some $300,000.00 were deposited by Mr. McIntire with United State
Trust Company of New York, the income to be applied toward the support and maintenance of
Mr. McIntires's daughter, Miss Charlotte Virginia McIntire, during her life, and at her
death said income to be paid by the Trustee to the University and applied by the University
to certain scholarships under conditions accurately defined in said trust agreements.
Mr. McIntire stated to the President that it was his desire to revoke the provisions
of said trusts with reference to creating said scholarships and to substitute therefor
a provision directing the Trustee to pay the income from these trusts after the death
of Mr. McIntire's daughter to the University for such general purposes as the Board might
from time to time deem wise. The question of thus changing the terms of said trusts was
Attorneys for Unived States Trust Company, Mr. Perkins made report that he and the attorneys
for the Trust Company had agreed that it would be necessary for Mr. McIntire to file
a petition in the Circuit Court of Albemarle County to which the Trustee and the University
would be made parties respondent. All future possible students to whom scholarships
might be awarded under the provisions of the trusts would be brought into the procedding
as parties unknown, under the provisions of Section 6069 of the Code of Virginia,
and an order entered in that proceeding approving and authorizing the change in said
trusts in accordance with Mr. McIntire's wishes, as expressed in the petition.
Mr. McIntire was advised of this conclusion and stated that he felt it proper
to ask that the University should institute and conduct such proceeding to a finality.
It was, thereupon, RESOLVED that the Attorney for the University be and is hereby
authorozed, with the consent and approval of Mr. McIntire, to prepare and file the necessary
petition in the Circuit Court for the County of Albemarle, and Dr. J. L. Newcomb,
President, is hereby authorized to execute and file an answer to said petition in the name
and on behalf of The Rector and Visitors of the University of Virginia, in which answer
the University shall express its consent to the changes in said trusts requested by Mr.
McIntire in his said petition, and shall unite in the prayer thereof.
Request of Mrs. Charles M. Fauntleroy for the release of 100 shares of United
States Steel common stock from the University's bequest from her late husband, was declined,
as set forth in the following motion, unanimously adopted:
RESOLVED, that the Rector and Visitors of the University of Virginia
have heard with sympathy and interest the request of Mrs. Fauntleroy for the
release by the University of Virginia of its interest in 100 shares of United
States Steel stock. After consideration by the Board it was agreed that the
request of Mr. Fauntleroy be refused, and the compromise settlement of the
Estate of Charles M. Fauntleroy approved at the meeting of the Rector and
Visitors, held October 23, 1937, is hereby ratified and confirmed.
Special appropriation of $1,500 was voted for purchase of equipment for the
Laboratory of Bacteriology and Preventive Medicine for the fiscal year 1937-38.
Investment of University of Virginia Reserve Account Funds for P. W. A. Bonds
was disposed of in the following motion, adopted:
RESOLVED, by the Rector and Visitors of the University of Virginia, that the
Treasurer of the Commonwealth of Virginia be and he is hereby authorized to invest
funds in the Reserve Account of the Sinking Funds for the payment of University
of Virginia, P. W. A. Bonds, in direct Government obligations.
The following contract between the Chesapeake and Ohio Railway Co. and the University
of Virginia, covering upkeep of coal trestle and siding, was approved:
THIS AGREEMENT, made this 28th day of January, 1938 between THE CHESAPEAKE AND
OHIO RAILWAY COMPANY, hereinafter called the party of the first part, and THE RECTOR
AND VISITORS OF THE UNIVERSITY OF VIRGINIA, hereinafter called the party of the second
part:
WHEREAS, for a number of years the party of the second part has been served by
a side track and coal trestle located in the City of Charlottesville, Albemarle
County, State of Virginia, for the delivery and unloading of coal and other supplies
and materials, and
WHEREAS, it recently became necessary and expedient that said side track be
rearranged and that said coal trestle be rebuilt so that upon completion of said
work said side track, including that portion located on said coal trestle, will be
Three Hundred Thirty Seven and Five Tenths feet (337.5′) in length, with switch
point located 1582.5 feet east of Mile Post 183, Mountain Sub-Division, Clifton
Forge Division, all as shown in red on the attached blue print which is made a part
of this agreement and marked for identification Drawing No. 13007-B, dated 8-26-37,
and
WHEREAS, under date of March 30, 1931, the parties hereto entered into an agreement
whereby the party of the second part was licensed by the party of the first
part to construct and maintain under said coal trestle a coal hopper and conveyer to
facilitate the unloading and transfer of coal to its power house adjacent thereto
as shown on said blue print, and
WHEREAS, the parties hereto desire to enter into an agreement setting forth
their respective rights and obligations as to the ownership, maintenance and
operation of said side track and coal trestle, hopper and conveyor.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
1. It is understood, stipulated and agreed that the entire cost of rearranging
said side track will be borne by the party of the first part and that
the cost of rebuilding said coal trestle will be divided equally between the party
of the first part and the party of the second part, and that upon completion of
said work the ownership of said side track in its entirety, including said coal
trestle, shall be vested in the party of the first part, and whenever it becomes
necessary to repair said side track and coal trestle, or any part thereof, the
party of the first part convenants and agrees to furnish all the material necessary
and to make such repairs.
2. The party of the second part convenants and agrees, at its sole cost
and expense, to make any and all changes in said coal hopper and conveyor as may be
necessary on account of rebuilding said coal trestle and thereafter to maintain
and operate the same in accordance with said agreement of March 30, 1931, herein-above
referred to.
3. It is further understood, stipulated and agreed that if it becomes
necessary to remove or relocate any part of said side track, which is located upon
the property of the party of the first part, on account of building additional
tracks or other facilities, the party of the first part reserves the right, and is
fully authorized by the party of the second part to remove or relocate the said
side track from or upon the property of the party of the first part at the sole
cost and expense of the party of the first part.
4. It is further understood, stipulated and agreed that neither of the parties
hereto shall ever lay claim to the land or right of way of the other party occupied
by any part of the aforesaid side track and coal trestle.
5. It is further understood, stipulated and agreed that the party of the
first part shall have the right to control the use of and to use without cost to it,
the whole or any part of said side track and coal trestle in connection with other
business than that of the party of the second part, whenever such use does not materially
affect the use of the same by the party of the second part.
6. It is further understood, stipulated and agreed that if said side
track shall at any time, in the judgement of the party of the first part, or its
General Manager, be likely to endanger or interfere with the proper operation of the
party of the first part, then in that event such changes shall be made therein by
the party of the first part as may be necessary to correct such condition, the cost
thereof to be borne by the parties hereto.
7. It is understood, stipulated and agreed that whenever the said side track
and coal trestle are abandoned, then and in that event the party of the first part shall
have the right to enter upon the property of the party of the second part and remove
therefrom all of the material which it may have furnished for the construction and
repair of said side track and coal trestle.
8. It is further understood, stipulated and agreed that the party of the
second part will not erect any building or other structure, or permit any material to
be piled nearer than seven (7') feet from the nearest rail of said side track or from
the nearest rail of the main line of the party of the first part connecting with said side
track.
9. (a) It is further understood, stipulated and agreed that the party of the
first part shall not be liable as a common carrier or as bailee for any property loaded
by the party of the second part into any car on said side track until bill of lading has
been issued and the party of the first part has had a reasonable time to protect the car
and contents, and that until such time, said car and its contents shall be deemed and
held to be in possession of the party of the second part so far as liability for the
safety and care thereof is concerned.
(b) And the said party of the second part further agrees that all shipments
consigned to or in care of said party of the second part, its agents or employes,
for delivery on said side track shall be deemed to have been delivered as soon as the
car or cars containing such shipments shall have been placed on said side track and
detached from the engine or train by which it was moved, and that the party of the
first part shall thereupon be relieved of any further liability therefor either as
common carrier or as bailee.
10. This agreement is binding upon the successors and assigns of the parties
hereto, and shall continue in force for five (5) years and thereafter from year to year
upon the same terms, but either party shall, at the end of the original term or of any
renewal term, have the power to terminate the agreement on sixty (60) days' notice in
writing prior to the end of the original or any renewal term.
11. This agreement shall not be assigned without the written consent of the
party of the first part.
12. It is further understood, stipulated and agreed that all Federal, State
and Municipal taxes incurred by the party of the first part in connection with labor
employed in rearranging and rebuilding said side track and coal trestle shall be included
in the cost thereof.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
duly executed.
Vice-President and General Manager.
OF VIRGINIA
Rector.
City of Richmond, to wit:
I A. H. Lane, a Notary Public of the said City of Richmond, do certify
that A. T. Lowmaster, who signed the writing above for The Chesapeake and Ohio
Railway Company, bearing date of the 28th day of January, 1938, has this day
in my said City, before me, acknowledged the said writing to be the act and deed
of said Corporation.
Given under my hand and notarial seal this 7th day of February, 1938.
My Commission expires March 21, 1938.
Notary Public
City of Richmond, to wit:
I A. Bernard Cosby, a Notary Public of the said City of Richmond,
do certify that Fred. W. Scott, who signed the above writing for the Rector
and Visitors of the University of Virginia, bearing date of the 28th day of
January, 1938, has this day in my said City, before me, acknowledged the
said writing to be the act and deed of said Corporation.
Given under my hand and notarial seal this 2nd day of February, 1938.
My commission expires July 29, 1939.
Notary Public.
The following recommendation for establishing Student Health Service was
adopted:
RESOLVED, by the Rector and Visitors of the University of Virginia that a medical
fee of $15.00 be charged to each student of the University, beginning with the Session
1938-39, which fee is to cover the cost of the operation of a Student Health
Service.
The money derived from this fee will be paid into the State Treasury in
accordance with law, but must be held in a separate Fund specifically dedicated to
this purpose.
The catalogue announcement of the Student Health Service, printed on page
21 of the University of Virginia Record of January 15, 1938, is hereby authorized
and approved.
Report from the Special Committee of the Board on Supplementing Retiring
Allowances was received, considered at some length, but action was deferred to a
later meeting of the Board.
Application of Dr. Asher Payne for change in title of his diploma to Asher
McComb was presented in person, and after consideration by the Board was refused; but
the President was requested to prepare a certificate for him setting forth the facts
as to his name while a student at the University and the subsequent change back to
his original family name of McComb.
The meeting then adjourned.
RECTOR.
SECRETARY.
| Board of Visitors minutes January 28, 1938 | |