 | Board of Visitors minutes April 29, 1938 |  |
A special meeting of the Board was held on this date at 10:30 o'clock at the
office of the President with Mr. Frederick W. Scott, Rector, and Visitors Corbitt, Garnett,
Goolrick, Rinehart and Lewis C. Williams, and President Newcomb present.
Minutes if the previous meeting, copies of which had been sent to the members,
were approved.
Visitors James H. Corbitt, Lewis C. Williams and C. O'Conor Goolrick wo had been
reappointed by the Governor for terms expiring February 28, 1942 qualified before Mr.
Charles E. Moran, Clerk of the Circuit Court of Albemarle County.
Frederick W. Scott was re-elected Rector for the term expiring February 28, 1940,
and E. I. Carruthers was re-elected Secretary for the term expiring February 28, 1942.
The President announced the following:
Attendance for the session to date 2728
| From the Research Corporation, $3700 to assist Dr. Chanutin in researches with the ultra-centrifuge; $2500 to assist Dr. Beams in researches on concentration of isotopes by the centrifuge, total |
$6,200 |
| From the General Education Board, to enable Professor A. B. Shepperson, of the English Faculty, to continue his study of the biography of John Paradise, at Yale University, during 1938-39 |
2,000 |
| From the Carnegie Corporation, to enable Dr. Yoe, of the Chemistry Department, to secure a trained research assistant for the current year |
2,500 |
| From the Seven Society, to be added to the general scholarship fund of the University |
77.77 |
Upon the recommendation of the President, the following resignations, leave of
absence, change in titles, elections, reappointment, and promotions were voted:
Resignation of Dr. William A. Lambeth:
RESOLVED, by the Rector and Visitors of the University
of Virginia, that the resignation of Dr. William A. Lambeth,
Professor of Hygiene and Director of Physical Education, be accepted
with deep regret. Dr. Lambeth has carried forward his work here
since 1893 with devotion and skill, and the Rector and Visitors wish for
him the joy that comes of work well done, and hope he will have many
years of happiness in his retirement.
Resignation of Dr. Robert M. Bird:
RESOLVED, by the Rector and Visitors of the University
of Virginia that the resignation of Dr. Robert Montgomery Bird,
Professor of Chemistry, be accepted with regret. Dr. Bird has carried
forward his work here since 1907 with devotion and skill, and the
Rector and Visitors wish for him the satisfaction that comes of duty
faithfully performed, and hope he will have many years of happiness in
his retirement.
Leave of Absence for Dr. A. B. Shepperson:
RESOLVED, by the Rector and Visitors of the University
of Virginia, that leave of absence without salary be granted Dr.
Archibald B. Shepperson, Assistant Professor of English, for the
academic year 1938-39. Dr. Shepperson has received a fellowship
from Yale University, which, with the grant of $2,000 from the General
Education Board, will enable him to continue his study of the
biography of John Paradise.
Change in Titles:
RESOLVED, by the Rector and Visitors of the University
of Virginia that Dr. Albert G. A. Balz be and he is hereby designated
Corcoran Professor of Philosophy in the University of Virginia,
effective with Session 1938-39.
RESOLVED, by the Rector and Visitors of the University
of Virginia that the title of Mr. William H. White, Jr., be changed
from Lecturer in Law to Professor of Law, effective with the Session 1938-39.
RESOLVED, by the Rector and Visitors of the University of
Virginia that the title of Dr. Lester J. Cappon be and the same is hereby
changed from Acting Assistant Professor of History to Assistant Professor
of History, effective with the session of 1938-39.
Elections:
Henry Hartford Cumming, Assistant Professor of Political
Science, at a salary of $2,800, incumbency to begin
September 15, 1938.
Dr. James W. Cole, Assistant Professor of Chemistry,
at a salary of $2,800, incumbency to begin
September 15, 1938.
Dr. Alfred Burger, Acting Professor of Chemistry,
for the session of 1938-39, at a salary of $2,800,
incumbency to begin September 15, 1938.
Charles Julian Bishko, Instructor in History for the
session of 1938-39, at a salary of $2,450.
Lyle Groff Overholser, Research Assistant in
Analytical Chemistry, incumbency to begin July 1,
1938 and continue through June 30, 1939, at a salary
of $125.00 per month.
Reappointment:
John Joseph Smith, at present Acting Assistant
Professor of Commerce and Business Administration,
reappointed for the session of 1938-39, at the same
salary, Viz: $2,800.
Promotions: Effective with the session of 1938-39:
| Dr. James Ernest Kindred | Asso. Professor to Professor of Histology & Embryology |
$4,500 |
| M.D. Ph.D. | ||
| Dr. Bruce D. Reynolds | Associate Professor to Professor of Zoology |
4,500 |
| B.S. Sc.D. | ||
| Dr. Thomas Cary Johnson, Jr. | Associate Professor to Professor of History |
4,500 |
| M.A. | ||
| Dr. George W. Spicer | Associate Professor to Professor of Political Science |
4,500 |
| B.A. Ph.D. | ||
| Dr. Thomas P. Abernethy | Associate Professor to Professor of History |
4,500 |
| Ph.D. | ||
| Mr. Hardy Cross Dillard | Associate Professor to Professor of Law |
4,500 |
| LL.B. | ||
| Dr. Archibald B. Shepperson | Ass't Professor to Asso. Professor of English |
3,750 |
| M.A. Ph.D. | ||
| Dr. Oron James Hale | Ass't Professor to Asso. Professor of History |
3,750 |
| M.A. Ph.D. | ||
| Mr. Frederick C. Disque | Ass't Professor to Asso. Professor of Architecture |
3,750 |
| M.S. | ||
| Mr. Robert N. Hoskins | Instructor to Ass't Professor of Physical Education |
3,200 |
| M.S. | ||
| Mr. Dirk Reuyl | Instructor to Ass't. Professor of Astronomy |
2,800 |
| Ph.D. | ||
| Mr. Stephan J. Ludewig | Instructor to Ass't Professor of Biochemistry |
2,800 |
| Ph.D. | ||
| Mr. Robt. E. Swindler | Instructor to Ass't. Professor in teaching of Social Science in Secondary Schools |
2,080 |
| B.S., B.A., M.A., Ph.D. |
||
| Mr. Francis G. Lankford, Jr. | Instructor to Ass't Professor in teaching of Mathematics and Natural Science in Secondary Schools |
1,920 |
| M.A. |
Application from Prof. A. F. Macconochie for additional loan of $4,000, making
a total of $12,000, for the purpose of adding to his present residence and payment of
a second mortgage on same of $2,500, was approved.
The President reported a tentative offer of $9,500 from Mrs. W. M. Lile for
the Delta Chi Fraternity property, located on Rugby Road, which the University took over
in satisfaction of its loan on same. The offer was approved and the President given
power for completing the transaction.
The New Buildings Committee made verbal report on progress of the new Library
Building, and the proposed Paychiatry Wing of the Hospital and stated that the latter
project was being held up pending the possibility of securing PWA funds which would permit
the erection of a larger building than formerly contemplated.
The Rector presented a letter he had received from Mr. Charles J. Meisel with
reference to the dismissal of his son by the Honor Committee. Following consideration
of the matter, Mr. Goolrick was requested to confer with members of the Honor Committee
in the matter and report to the Board.
Report of W. Allan Perkins, Attorney, to The Rector and Visitors of the University
of Virginia upon the present condition of title to a tract of 4-6/10 acres of
land, situated near the Chesapeake & Ohio Railway, about one mile east of Campbells
Station, owned by the late John Armstrong Chaloner during his life time.
On the 10th of April, 1931, I filed a report with this Board upon the status at
that time of a gift of John Armstrong Chaloner to the University of two tracts of land, one
known as "The Merrie Mills", containing some 400 acres, and the other the small tract of
4-6/10 acres, with which this present report deals. From that report the situation appears
to have been as follows:
By deed dated February 8th, 1907, the said Chaloner conveyed "The Merrie Mills"
to the University,—"as a home for such Professors emeritus of said University as said The
Rector and Visitors shall deem best." He reserved a life estate to himself in the property.
By deed dated March 12th, 1913, the said Chaloner likewise conveyed to the University
this tract of 4-6/10 acres, to be held by the University upon the same conditions
and subject to all of the limitations and restrictions set out in the previous deed by
which "The Merrie Mills" had been conveyed.
In 1931 Mr. Chaloner desired to have the title to the University in remainder
in these two tracts annulled. His Attorney, Mr. R. C. Walker, was instructed to life a
bill in Albemarle Circuit Court, asking that the provisions in remainder be declared null
and void for vagueness and uncertainty.
Mr. Walker filed a bill in 1931, in which he asked that Mr. Chaloner's deed
of February 8th, 1907, conveying the remainder to the University be declared void.
At a meeting of this Board, held on April 10th, 1931, the following Resolution
was adopted, based upon the report made by me as aforesaid:
"That should Mr. Chaloner see fit to institute a proceeding in any court
of competent jurisdiction, seeking to have the deeds aforesaid declared null and void,
or seeking a revocation of the trusts created thereby, the Attorney for the University
is hereby directed, in the name and on behalf of The Rector and Visitors of the
University of Virginia, to file an answer in such proceeding in which shall be stated
the fact that the University does not desire to insist upon the validity of said deeds,
or either of them, or upon the enforcement of the trusts created thereby; and that it
leaves the determination of all questions raised in such proceeding to the discretion
of the courts."
I therefore filed an answer in the suit above referred to, in which I stated that
the University did not desire to insist upon the validity of the deed of February 8th, 1907,
or the enforcement thereof. Unfortunately, Mr. R. C. Walker, the Attorney who brought the
suit, failed to include any reference in his bill to the 4-6/10 acre tract, confining the
recitals in his bill entirely to the 400 acre tract.
A decree was entered in this cause, declaring that the University had no interest
whatever in the 400 acre tract.
After the death of Mr. Chaloner, which occurred in 1935, a bill was filed in
Albemarle Circuit Court by his creditors, seeking to subject all of his real estate to the
liens of certain judgements against him. A decree was entered in this cause, directing
sale of all of Mr. Chaloner's real estate in Albemarle County. Among other parcels of
land the 4-6/10 acre tract was offered for sale, at public auction, and was purchased
by Mr. Harry B. Wyeth, of Chicago. Upon examination of title the situation above
described was discovered, and the following statement was made by the Attorneys who examined
the title for Mr. Wyeth:
"We are of opinion that the title to this 4-6/10 acres is technically
vested in The Rector and Visitors of the University of Virginia, to be used only
as a home for Professors Emeritus."
Mr. Harry B. Wyeth, the purchaser of the property, has requested me to offer
the sum of $10.00 for the University's interest in this 4-6/10 acre tract, with the request
that a Resolution be adopted authorizing the execution and delivery to him of a quit claim
deed whereby all right, title and interest of the University in and to this 4-6/10 acre
tract may be conveyed to him.
Attorney for the University of Virginia
After consideration of the foregoing report the following Resolution was offered
and adopted:
RESOLVED that the offer of Mr. Harry B. Wyeth to purchase the interest of the
University in and to the 4-6/10 acres of land, situated on the Chesapeake & Ohio Railway,
near Campbells Station, at the price of $10.00, be, and is hereby, accepted, and Mr.
Frederic W. Scott, the Rector, is hereby requested to execute and deliver a quit claim deed
to the said Harry B. Wyeth by which said conveyance shall be made; and Mr. E. I. Carruthers,
Secretary of this Board, is requested to affix the corporate seal of the University to
said deed, attest the same, deliver said deed to said Harry B. Wyeth and collect the purchase
price of $10.00 from him.
Mr. Perkins, Attorney for the Board, made the following statement:
That he had recently received from Mr. A. W. Parker, and from Mr. James W.
Gordon, Attorneys of Richmond, copy of a Bill filed in the Chancery Court for the City of
Richmond, by Marie D. Jurgens and Virginia Trust Company, Executors of J. F. B. Jurgens,
deceased, of Richmond, Virginia, which Bill recites the fact that J. F. B. Jurgens, of
Richmond, died on the 30th day of April, 1928, leaving a will, which was probated in the
Circuit Court of Chesterfield County, and under which all of said Testator's property was
devised to his said Executors, to hold and manage, paying the income to Testator's widow,
the said Marie D. Jurgens, so long as she should live.
Upon her death the income is to be paid to the Testator's children, in equal
shares, until they reach the age of thirty years, respectively, at which time the corpus of
the share shall be paid to them respectively as they attain that age; and if any child
the other children, or to their issue, and if any child dies before reaching the age of
thirty, leaving issue, such issue takes the corpus of the Parent's share. If the wife
should die, leaving no child of the Testator, nor the lawful issue of such child, then
the Executors shall pay over the entire corpus of the State to the University of Virginia,
to be used exclusively in the Departments of Chemistry and Physics.
The Bill states that the widow is now forty-four years of age. There are three
children, two sons and one daughter, the eldest nineteen and the youngest twelve years
of age.
One of the principal assets of the Estate consists of No. 421 East Broad Street.
This real estate is now subject to a lease, dated May 22nd, 1934, executed by said Executors
to The Nisley Company, Incorporated, at a rental of $10,000.00 a year, and which
will expire March 31st, 1944. Certain adjoining premises, No. 427 East Broad Street,
owned by Charles A. Somma, are under lease to Peoples Service Drug Stores, Incorporated.
Said Peoples Drug Stores desires to acquire both of said properties for a
term of fifteen years from July 1st, 1938, at an annual rental of 421 East Broad
amounting to $10,000.00 per annum for the first three years, $12,500.00 per annum for
the next seven years, and $14,500.00 per annum for the remaining five years of said
term, payable in advance in monthly installments of $833.00, $1041.67 and $1208.33
respectively for the said several periods of said term. The Nisley Company has agreed
with the Executors that its lease shall be cancelled and its occupancy of No. 421 East
Broad Street shall be surrendered as of June 30th, 1938.
The Executors request that the University file an Answer to their Bill,
consenting to said lease. Copy of the form of Answer desired was presented to the
meeting, and read. It was thereupon ordered that a copy of this Report, and of said
Answer, be filed as a part of the minutes of this meeting, and the following Resolution
was adopted:
RESOLVED that W. Allan Perkins, Attorney for the University be, and is hereby,
authorized and requested to execute said Answer in the form submitted in the name and on
behalf of the University, and to file the same in the Chancery Court of the City of
Richmond with the papers in the Chancery Cause of Marie D. Jurgens, et al v. J. F. B.
Jurgens, Jr., et al.
Mr. Perkins presented to the Board a letter addressed to him by Mrs. Mary C.
Boisseau, under date of April 20th, 1938, in which she asked unit the University unite
with her in executing a written contract of rental to the present tennant, Charlie
Jones, of the 342-acre farm in Dinwiddie County, formerly owned by the Estate of
Walter J. Branch, deceased, and Mrs. Boisseau, and in which the interest of said Branch
has been transferred to the University in the settlement of the Estate of Dr. Walter
M. Seward, deceased.
The following Resolution was thereupon adopted:
RESOLVED that the President be, and is hereby, authorized to unite with Mrs.
Mary C. Boisseau in executing, on behalf of said The Rector and Visitors of the University
of Virginia, a contract of rental by which said 342-acre farm in Dinwiddie
County shall be leased for such period and upon such terms as the President, Mrs.
Boisseau, and such tenant as they may select, may agree upon. And the President is
further authorized to extend or continue said lease to the same, or to any other tenant,
from time to time upon such terms as to him may seem desirable.
The Attorney for the University submitted an offer he had received from Dr.
E. D. Miller, of Elkton, of $20,000 for the University's equity in the bessie Miller
property located at Elkton. Following some discussion of the matter the Rector appointed
the following committee with power to act; R. Gray Williams and Hollis Rinehart to which
committee at the request of the Board the Rector was added.
The President brought up the question of delition of the old Medical Building
on West Range and asked for an expression of opinion of the Board whereupon the following
motion was adopted:
RESOLVED, that it is the sense of this Board that the old Medical
Building on West Range be removed at the convenience of the President.
The Pi Mu Chapter of the Nu Sigma Nu Medical Fraternity made application for
a building site on Carr's Hill and for a loan of $10,000 for the purpose of erecting a
chapter house thereon; said loan to bear 5% interest and be repaid, principal and interest,
at the rate of $1,000 per annum. The application was referred to the Buildings and
Finance Committee for consideration and report.
A letter was received from Pruitt & Brown, Architects, requesting that their
firm be added to the list of University Architects. In view of the fact that the University
maintains no such list, their request must be respectfully declined.
The President and New Buildings Committee were authorized to employ such
architectural service as may be necessary in connection with reconditioning the Rotunda.
The Rector presented a letter he had received from Prof. Nils Hammerstrand containing
a list of charges preferred against Prof. Edmund S. Campbell. The letter was read,
considered, and the Secretary instructed to advise Prof. Hammerstrand that the Board is
silling to set a date to hear the charges which he is requested to put in writing and furnish
the Secretary as soon as possible.
The Budget for the fiscal year 1938-39, carrying estimated income of $2,693.839
and expenses of $2,686,548, was presented, considered and adopted.
The meeting then adjourned.
RECTOR.
SECRETARY.
| Board of Visitors minutes April 29, 1938 | |