University of Virginia Library


294

The regular annual meeting of the Rector and Visitors was held on this date at
9:30 o'clock A. M. with Visitors Corbitt, Garnett, Rinehart, Rev. Beverley D. Tucker, Jr.,
Lewis C. Williams and R. Gray Williams, and President Newcomb present.

In the absence of Mr. Fred. W. Scott, Rector, Mr. Corbitt was elected Rector
pro tempore.

Rev. Beverley D. Tucker, Jr., appointed by the Governor for the term ending
February 28, 1942, submitted certificate of qualification for the office of Visitor.

Minutes of the previous meeting, which had been copied and mailed to the
members, were approved.

The President made the following announcements:

Enrollment for the session of 1937-38, 2,741.

Gifts:

     
From the late Mrs. Benjamin F. Thomas,
for the establishment of scholarships in
the University of Virginia in the name of
her late husband, Benjamin F. Thomas, three-fourths
of the income from a $100,000.00
Trust Fund. 
From the J. T. Baker Chemical Company, of New
Jersey, for the 1938-39 Research Fellowship in
Analytical Chemistry 
$1,000 
This has been awarded to Mr. Chas. J. Barton. 

The President recommended the following actions which were approved:

    Leave of Absence:

  • To Professor Elbert A. Kincaid, of the James Wilson School of
    Economics, for the session of 1938-39, without salary, at the
    request of the Federal Reserve Bank of Richmond to spend this time
    in research, studies, investigations and writing within the field
    of money, credit and banking and finance.

    Transfer:

  • Dr. Lester J. Cappon, Archivist, was transferred to the Institute for
    Research in the Social Sciences for the session of 1938-39, where he will
    continue his research on the History of the Southern Iron Industry.

    Elections:

  • Benjamin Ulysses Ratchford, Acting Professor of Commerce and Business
    Administration, for the session of 1938-39, at a salary of $4,500. He
    will substitute for Prof. Kincaid granted leave of absence.

  • Dr. Prentice Kinser, Assistant Professor of Orthopedic Surgery, without
    salary from the University.

  • William J. Barron, Assistant Professor of Law, at a salary of $3,000.
    Incumbency to begin September 15, 1938.

  • Dr. Alfred W. Fleer, Assistant Professor of Chemical Engineering, at a
    salary of $2,800, incumbency to begin September 15, 1938.

  • Dr. Fredson T. Bowers, Acting Assistant Professor of English for the
    session of 1938-39, at a salary of $3,000.

  • William Starke Mundy, Assistant Professor of Law, at a salary of $2,800,
    incumbency to begin September 15, 1938.

  • Bolling Powell Acting Assistant Professor of Law, at a salary of $3,000,
    incumbency to begin September 15, 1938.

  • W. Edwin Hemphill, Acting Archivist for the session of 1938-39, as substitute for
    Dr. L. J. Cappon, transferred to the Institute for Research in the Social
    Sciences for the session. Mr. Hemphill will be paid a salary of $2,500
    by the Institute.

  • Robert Hill Kean, Instructor in General Chemistry, at a salary of $2,200,
    incumbency to begin September 15, 1938.

  • Homer Richey, Instructor in Germanic Languages, at a salary of $2,000,
    incumbency to begin September 15, 1938.

  • Dr. John Ridley Seal, Instructor in Pathology, at a salary of $1,500,
    incumbency to begin July 1, 1938.

  • Francis Johnson Duke, Instructor in Romanic Languages, at a salary of
    $2,000, incumbency to begin September 15, 1938.

    Change in Title:

  • Dr. Harvey Ernest Jordan, from Professor of Histology and Embryology to
    Professor of Anatomy and Director of the Anatomical Laboratory, effectiv
    from July 1, 1938.


  • 295

  • Dr. James E. Kindred, from Professor of histology and Embryology
    to Professor of Anatomy, effective with the session of 1938-39.

    Promotion:

  • R. Cecil Garlick, from Instructor to Assistant Professor in the
    School of Romanic Languages, without change in salary.

The President presented an offer from the agents of Mrs. William
Minor Lile of $9,500 for the ouse on Rugby Road now owned by the University, whereupon
the following action was taken:

RESOLVED, That the acceptance by the Fresident of Mrs. Lile's
offer, which was tentatively agreed to at the last meeting of the Board,
be and the same is hereby ratified and confirmed, and,

RESOLVED, FURTHERM That when sale is comsummated the Rector be and
he is hereby authorized and directed to sign a deed conveying this property
to Mrs. William Minor Lile, the Secretary to affix the seal and attest the same
on behalf of the Rector and Visitors of the University of Virginia.

The following appointments made by the President were ratified:

  • Dr. Robert K. Gooch, Director of the 1938 Institute of Public Affairs,
    at a salary of $600.00.

  • Prof. Geo. B. Zehmer, Acting Dean of the Summer School for 1938, at
    a salary of $1,000.

Appointments during the summer:

The following resolution was adopted:

RESOLVED, by the Rector and Visitors of the University of
Virginia that the President, in consultation with the Deans and Committees
appointed by the President from the Staff, be empowered during the summer
to employ those professors who have been authorized by the Board but have
not yet been selected. It is understood that all actions of the President
and committees will be brought to the Rector and Visitors for ratification at
their next meeting.

Change in admission requirements for the Department of Medicine was adopted,
as follows:

RESOLVED, by the Rector and Visitors of the University of
Virginia that beginning with the session of 1939-40 the requirements
for admission to the first year of the Department of Medicine are a
four-year high school edcuation or its equivalent, and three years work in
a college of arts and sciences approved by the Council of Medical Education
of the American Medical Association.

Acceptance of the Alderman Memorial Library was authorized in the following
resolution, adopted:

RESOLVED, by the Rector and Visitors of the University of Virginia
that Mr. Hollis Rinehart, Chairman of the New Buildings Committee, and Dr.
J. L. Newcomb, President of the University, be and they are hereby authorized
and Directed to accept the Alderman Memorial Library after the contracts
have been completed, on behalf of the University of Virginia, and to certify
its acceptance in the name of the Rector and Visitors of the University of
Virginia to the Federal Emergency Administration of Public works.

Student Health Service Budget and election of staff were voted, as follows:

Tentative First Annual Budget for the Department of Student Health

Expenses:

                     
I.  Hospitalization  $8,000 
II.  Consultation Service  12,000 
III.  Salaries: 
Director  7,500 
Asst. Director  3,000 
Secretary  1,000 
IV.  Reserve Rund  2,000 
V.  Remodeling Building  1,500 
VI.  Technical Equipment and
Furniture 
2,000 
VII.  Supplies, Installations,
Repairs, and miscellaneous
expenses 
500 
Total  $37,500 

Income:

 
2,500 Student Fees at $15.00  $37,500 

Upon the recommendation of the President, Dr. Andrew D. Hart was elected
Director of the Student Heqlth Service, at the salaries set out avove.

Authorization for the Bursar to borrow necessary funds to meet the requirements
for completion of the Library Building pending receipt of final grant was given in the
following resolution, adopted:

RESOLVED, by the Rector and Visitors of the University of Virginia
that in order to provide the necessary funds for the completion of the Alderman
Memorial Library Building, in anticipation of the receipt of the final grant
from the Federal Government for the said building, the Bursar be and he is here authorized to borrow from time to time such sums as may be necessary, not to
exceed $50,000, to meet the requirements for the completion of said building,


296

and such loans as may be outstanding from time to time shall be reported to
this Board.

Dr. Geo. O. Ferguson, Jr., Chairman of the Students' Admission Applications
Committee, submitted a list of Negro applicants who had applied for admission from
September 21, 1937 to June 8, 1938, whereupon the following resolution was adopted:

RESOLVED, by the Rector and Visitors of the University of Virginia that
all of the applicatns whose names are contained in the attached list be denied
admission to the University, provided their applications have not previously
been refused; and that the Secretary be and he is hereby directed to enter upon the
minutes of the Board the names of all those applicants who are hereby denied
admission. From 1936 to June 8, 1938, for both Summer and regular sessions
375 persons were denied admission and $27,374.50 paid them by the University,
which sum will be refunded by the State out of its appropriation for 1938-39.

Payments made from Sept. 21, 1937, to June 8, 1938.

Summer Session 1937

                                                                                                                                                           

297

                     
Name  Residence  Institution  Dept.  Amount 
Bradley, Emma D.  Richmond  Columbia  Grad.  $81.88 
Hackley, Nettie L.  Roanoke  Northwestern  Grad.  50.00 
Lomax, Dorothy B.  Lynchburg  U. of Penn.  Grad.  50.00 
Maupin, Sterling J.  Moorman's River  Columbia  Grad.  81.88 
Regular Session 1937-38 
Alston, George T.  Norfolk  Howard Univ.  Med.  50.00 
Ashe, Victor J.  Norfolk  Howard Univ.  Law  50.00 
Baker, Percy H.  Ettrick  Michigan  Grad.  113.70 
Barksdale, Samuel A.  South Boston  Michigan  Grad.  113.70 
Boone, Elwood B.  Petersburg  Michigan  Grad.  113.70 
Branch, Henry A.  Norfolk  Howard Univ.  Law  50.00 
Britton, Estelle R.  Richmond  Northwestern U.  Grad.  50.00 
Brooks, Charles M.  Norfolk  Columbia  Grad.  150.00 
Brooks, Lyman B.  Blakes  Michigan  Grad.  113.70 
Brown, Emma C.  Richmond  U. of Penn.  Grad.  150.00 
Butts, James R.  Petersburg  Michigan  Grad.  113.70 
Carter, William T.  Ettrick  Michigan  Grad.  113.70 
Clarke, Peressa L.  Petersburg  Ohio State U.  Grad.  50.00 
Clayton, J. B.  Roanoke  Meharry Med. Col.  Med.  50.00 
Cornick, David J.  South Norfolk  Meharry Med. Col.  Med.  50.00 
Davis, Malcolm  Richmond  New York Univ.  Grad.  150.00 
Davis, Marjorie E.  Norfolk  Michigan  Grad.  56.85 
Drake, John G. St. C.  Staunton  U. of Chicago  Grad.  150.00 
Ealey, Roland  Richmond  Howard Univ.  Law  50.00 
Eason, J. Corbett  Richmond  Howard Univ.  Grad.  50.00 
Ellison, Melvin Bl  Abingdon  C.C.N.Y.  Grad.  50.00 
Foster, Christopher J.  Richmond  Michigan  Grad.  113.70 
Gandy, John M., Jr.  Ettrick  Ohio State U.  Grad.  100.00 
Greer, Evangeline  Charlottesville  Cornell  Grad.  150.00 
Griggs, Jesse P.  Virginia Beach  Howard Univ.  Law  50.00 
Ethel R. Harris  Richmond  U. of Chicago  Grad.  50.00 
Harris, John Hanry  The Plains  Columbia  Grad.  150.00 
Harris, Nelson H.  Richmond  Michigan  Grad.  113.70 
Henderson, Pearl E.  Spring Grove  Michigan  Grad.  67.13 
Hill, Carl M.  Hampton  Cornell  Grad.  150.00 
Hunter, Mary E. V.  Ettrick  Ohio State U.  Grad.  100.00 
Jackson, Isaiah A.  Richmond  Meharry Med. Col.  Med.  50.00 
James Josef C.  Roanoke  Boston Univ.  Grad.  150.00 
Jeffreys, Richard L.  Chase City  Michigan  Grad.  113.70 
Jeffries, Charlotte R.  Richmond  Michigan  Grad.  113.70 
Jeffries, Louis F.  Richmond  Michigan  Grad.  113.70 
Johnson, Minnie E.  Lynchburg  N. Y. Univ.  Grad.  150.00 
Jones, Hinton C.  Charlottesville  Cornell  Grad.  150.00 
Kersey, George M.  Richmond  Meharry Med. Col.  Med.  50.00 
Knox, Marie J.  North Emporia  Univ. of Penn.  Grad.  50.00 
Kyles, Blanche  Norfolk  Columbia  Grad.  75.00 
Layton, William W.  Hanover  Fisk Univ.  Grad.  50.00 
Martin, Martin A.  Danville  Howard Univ.  Law  50.00 
McDaniel, Clyde  Richmond  Michigan  Grad.  113.70 
McDaniel, Reuben R.  Vienna  Cornell  Grad.  150.00 
Meekins, William R.  Hampton  Howard Univ.  Law.  50.00 
Melvin, Horace W.  Newport News  Fisk Univ.  Grad.  50.00 
Mitchell, James B.  Portsmouth  Howard Univ.  Grad.  50.00 
Mitchell, William E.  Richmond  Columbia Univ.  Grad.  75.00 
Nicholas, James F.  Waynesboro  Michigan  Grad.  56.85 
Pleasants, Alfred W.  Lexington  Meharry Med. Col.  Med.  50.00 
Pledger, Anna L.  Ashland  Columbia  Grad.  75.00 
Price, William B.  Capahosic  Meharry Med. Col.  Med.  50.00 
Purdie, Edna I.  Richmond  Columbia  Grad.  75.00 
Quarles, Joseph J.  Norfolk,  Meharry Med. Col.  Med.  50.00 
Raby, Georgia F.  Norfolk  Howard Univ.  Grad.  50.00 
Raby, James H.  Norfolk  Howard Univ.  Law.  50.00 
Ricks, Williams A.  Franklin  Univ. of Newark  Law  50.00 
Ridley, Peter S.  Newport News  Columbia  Grad.  150.00 
Robinson, Spottswood W.  Richmond  Howard  Law  50.00 
Scott, Charles W.  Newport News  Michigan  Med.  50.00 
Singleton, Elbert B.  Richmond  Meharry Med. Col.  Med.  50.00 
Spaulding, Julia R.  Newport News  Univ. of Chicago  Grad.  100.00 
Spencer, Alroy  Lynchburg  Columbia  Grad.  150.00 
Taylor, John R.  Richmond  Michigan  Grad.  67.13 
Thomas, Portia H.  Burkeville  Columbia  Grad.  150.00 
Townes, Charles H.  Petersburg  Penn. State Col.  Grad.  50.00 
Turner, Henry V.  Norfolk  C.C.N.Y.  Grad.  50.00 
Turner, Virginia R.  Lawrenceville  Columbia  Grad.  150.00 
Tyhes, Dora V.  Charlottesville  Howard Univ.  Grad.  25.00 
Waddy, Joseph C.  Louisa  Howard Univ.  Law  50.00 
Walker, Maggie L.  Richmond  Michigan  Med.  50.00 
Wall, Limas D.  Richmond  Michigan  Grad.  $113.70 
Wall, Marian P.  Richmond  Michigan  Grad.  113.70 
Ward, Geo. W., Jr.  Norfolk  Meharry Med. Col.  Med.  50.00 
White, Bercyne I.  Suffolk  U. of Penn.  Grad.  75.00 
Wiggins, Joseph C.  Petersburg  Meharry Med. Col.  Med.  50.00 
Williams, Mildred J.  Norfolk  Catholic Univ.  Grad.  90.00 
Wills, Ldward L.  Lynchburg  Howard Univ.  Law  50.00 
Yancey, William H.  Richmond  N. Y. Univ.  Grad.  75.00 
$7,018.52 
Less refund from John Henry Harris  75.00 
Total  $6,943.52 

Application of Miss Doris Woodward (Dietitian at the University Commons) for
a loan of $4,000 from the University for the construction of a house on Fendall Avenue
was referred to the Finance Committee with power to act.

The Thomas Fortune Ryan Scholarships for the sessions of 1938-39 were
awarded to the following:

                   
Cecil Lowry Sinclair  Hampton, Va.  First District 
Robert Thitehead Alfriend  Norfolk, Va.  Second District 
Edwin Lyston Seay  Beaver Dam, Va.  Third District 
Donald Terrell Faulkner  Blackstone, Va.  Fourth District 
Benson Edward Gammon  Danville, Va.  Fifth District 
Richard Burwell Persinger  Salem, Va.  Sixth District 
Francis Harrison Fife  Charlottesville, Va.  Seventh District 
William Scott Willis  Gordonsville, Va.  Eighth District 
William Eager Kelly  Bristol, Va.  Ninth District 
Fred Cleveland, Jr.  Swoope, Va.  Tenth District 

The miscellaneous endowed scholarships and fellowships in so far as awarded
to date, were presented and approved. The names are entered on the scholarship roll book.

Mr. Perkins, attorney for the University, made a statement to the Board in
the mattef of the Alfred D. Cooper bond held in the Whitmell T. Taliaferro estate, which
was approved.

Upon settlement of the estate of Whitmell T. Taliaferro, of Monmouth
County, New Jersey, a bond of Alfred D. Cooper for Eight Thousand Dollars (8,000.00)
was turned over to the University by Mr. Richard H. McIntyre, Mr. Taliaferro's
Executor, this bond is secured by a first mortgage upon Mr. Cooper's home at Glen
Ridge, New Jersey. At the time we received this bond we were advised that Mr.
Cooper had become involved inancially and it developed that something over $2,000.00
had accumulated and remained unpaid on account of taxes upon his home, and there
was also some interest in arrears on his bond.

In March, 1936, we entered into a contract with Mr. Cooper under which
the University paid $2,098.56 of delinquent taxes on Mr. Cooper's home, to secure
which we took a second mortgage upon the property. Under the terms of this contract
Mr. Cooper agreed to pay $100.00 a month until the whole debt evidenced by the
$8,000.00 bond and the $2,098.56 above referred to was paid in Full.

Mr. Cooper now tells us that it is impossible for him to continue
these pay ents of $100.00 a month, although he has made all payments under his
contract from April 1936 down to May 1st, 1938.

The matter has been referred by me to Messrs. Pitney Hardin and
Skinner, Attorneys of Newark, New Jersey. These gentlemen have seen Mr. Cooper
and talked with him and he has offered to convey his home at Glenn Ridge, New Jersey
to the University in extinguishment of is det which now amounts approximately to
$9,000.00 in round figures. The question of whether the University should accept a
deed from Mr. Cooper or whether we should undertake to make some other arrangement
with him looking to private sale by him of his property or whether we should proceed
to foreclose our mortgage is one which will have to be considered carefully.

May I suggest that you appoint a committee whose duty it whall be to
investigate this whole situation thoroughly, authority being vested in such committee
to take such action as may be deemed wise eithout referring the matter back to the
Board.

The following resolution was thereupon unanimously adopted:

"Resolved that a committee composed of the President and Mr. Rinehart
be and is hereby appointed and directed to investigate the situation with
reference to settlement with Alfred D. Cooper of Glenn Ridge, New Jersey. Said committee
being given full and complete authority to take such action with reference to
to this settlement as the members thereof may deem proper, and J. L. Newcomb,
President, is hereby specifically authorized to execute and deliver on behalf of the
University such contract or contracts as may be approved by said committee."

The President was authorized to make application for conditional appropriation
from P. W. A. for grant to meet the conditional appropriation by the State for the
Hospital of $250,000 for construction and $75,000 for its equipment. (Mr. Lewis C.
Williams voted in the negative.)

A resolution authorizing J. L. Newcomb to file an application to the United
States of America through the Federal Emergency Administration of Public Works for a
grant to aid in financing the reconstruction of the Rotunda, its esplanades and rooms
thereunder, including roofing, paving, balustrade, walks, steps and approaches thereto,
and furnishings therein.

BE IT RESOLVED, by the Rector and Board of Visitors of the
Rector and Visitors of the University of Virginia:

Section 1. That J. L. Newcomb be and he is authorized to execute and file
an application on behalf of the Rector and Visitors of the University of Virginia
to the United States of America for a grant to aid in financing the reconstruction
of the Rotunda, its esplanades and rooms thereunder, including roofing, paving,


298

balustrade, walks steps and approaches thereto, and furnishings therein.

Section 2. That J. L. Newcomb be and he is hereby authorized and
directed to furnish such information as the United States of America
through the Federal Emergency Administration of Public works may reasonably
request in connection with the application which is herein authorized to be
filed. (Mr. Lewis C. Williams voted in the negative)

The use of the University Chapel was granted the University Baptist Church
congregation for the summer of 1938, with the condition that it be vacated whenever the
University may have use for it during said term.

President Newcomb reported to the Board that Dr. E. C. Drash had personally
received contributions of $2500, $2000 ow ehich was a gift from Mr. C. F. Coffman of
Winchester, and $500 from Colonel Wm. H. Langhorne of Warren, to be used in the reconstruction
of the sough pavilions of the Peltz Wings of the Hospital for use in the
treatment of surgical tuberculosis patients. That Mr. Rinehart, Chairman of the Building
Committee of the Board, and Mr. Newcomb had agreed with Dr. Drash on the desirability of
this reconstruction and had authorized it to be done and paid for by Dr. Drash. The action
of Mr. Rinehart and Mr. Newcomb was thereupon ratified and approved by the Board.

With respect to the charges preferred by Prof. Nils Hammerstrand against
Prof. Edmund S. Campbell, presented at the former meeting of the board, the following
action was unanimously voted:

RESOLVED, That the members of this board having been furnished with
copies of the charges preferred by Prof. Nils Hammerstrand against Professor
Edmund S. Campbell, and having carefully considered the same, are of the opinion
that said charges do not justify a further hearing, and decline to consider the matter
further.

The President reported to the Board that he had decided not to recommend Prof.
Hammerstrand for another three-year term, whereupon the following action was unanimously
voted:

The Rector and Visitors of the University of Virginia concur in the decision
not to recommend Mr. Hammerstrand for another three-year term as Assistant Professor
of the History of Art.

RESOLVED by the Rector and Visitors that the President be and he is
hereby empowered and directed to fill the position for a three-year term and to
report the name of the Assistant Professor so determined upon by him for confirmation
by the Rector and Visitors at their next meeting.

The President presented to the Rector and Visitors of the University a proposal
from McGregor Fund, a Michigan corporation of Detroit, Michigan, to give to the University
of Virginia the Library of the late Tracy W. McGregor, subject to the terms and conditions
of a Library Deed of Gift and an Agreement to be attached to certain schedules referred to
in the Library Deed of Gift, which said Deed of Gift and said Agreement read as follows:

THIS INDENTURE AND DEED OF GIFT made this 11 day of June, A. D. 1938, between:

(1) McGREGOR FUND, a Michigan corporation of Detroit, Michigan, Party of the
First Part; and

(2) The Rector and Visitors of the University of Virginia, a public corporation
of the State of Virginia, herein sometimes called the University, Party of the Second Part;

WITNESSETH:

Tracy W. McGregor, of Detroit, Michigan, expressed in his last will and testament
his wish to assist in founding a library of American History in an institution of higher
learning having fine ideals of education and means and likelihood of achieving those ideals,
and to that end gave and bequeathed his library to McGregor Fund for it to give the same to
such college or university as it might select. Consistently with this purpose and with
decisions partially made by Tracy W. McGregor in his lifetime, McGregor Fund has selected
the University of Virginia to receive and hold his library.

NOW THEREFORE, in consideration of the acceptance by the University of the terms
and conditions hereof, McGregor Fund gives and grants unto the University and its successors
that part of the library of the late Tracy W. McGregor, of detroit, Michigan, which has been
heretofore identified and described in certain schedules signed by the parties hereto, which,
with the additions thereto which may be made hereafter as herein provvided, is hereinafter
sometimes called the Tracy W. McGregor Library, or merely the Library, TO HAVE AND TO HOLD
unto the University and its successors FOREVER, subject, however, to the following terms and
conditions:

1. That the University and its successors shall forever safely keep,
preserve and maintain the Library as a separate library of exhibition, reference and
research to be known as The Tracy W. McGregor Library, and shall provide an adequate
and suitable place for its safekeeping, preservation and maintenance, either in a general
library building or otherwise.

2. That the material in the Library shall never be removed from the place
provided by the University for its safekeeping, preservation and maintenance, except for
rebinding or the making of necessary repairs to the library material so removed, or for
the purpose of the repair or reconstruction of the building or portion thereof in which the
same is placed, or for photographic or other reproduction, or for temporary exhibition
purposes, and since the use of the material in the Library for educational purposes in the
University of Virginia is intended and desired by the parties hereto, therefore temporary
exhibition of the material in class rooms may be permitted and encouraged, provided, that none
such material shall be removed for any of such purposes from the place so provided, except
under adequate conditions and provisions extablished and executed to insure the safekeeping,
preservation and maintenance of the material, and provided further that none of such material
shall be so removed for temporary exhibition outside the University of Virginia, except as
part of a larger exhibition of extraordinary and wide interest.

3. That the use of the Library for reference and research shall only be
permitted to advanced scholars and other qualified persons.

4. That none of the material in the Library shall be sold, exchanged or


299

otherwise desposed of by the University or its successors, (a) except that any
duplicate material which has been or which at any time hereafter may be appropriately
indicated by the parties hereto on the schedules referred to above may be exchanged
for other suitable library material which shall thereupon become part of the Library,
and (b) except further that any material which at any time hereafter may be considered
unsuitable for the Library and be appropriately indicated by the parties hereto on such
schedules may be withdrawn from this gift and grant and either returned by the University
to McGregor Fund or retained by the University and used or otherwise disposed of by it
in its discretion free from the conditions hereof.

5. That for the next ensuing ten (10) years the Library shall be kept
insured by the University and its successors for such amount as may from time to time
be approved by McGregor Fund, not exceeding, however, the sum of two hundred thousand
dollars ($200,000), against such risks as are usual and customary with respect to property
similar to that included in the Library when held for safekeeping, preservation and maintenance
under conditions similar to those prevailing with respect to the Library.

6. That the University and its successors shall for the next ensuing ten
(10) years expend the sum of seventy-five hundred dollars ($7,500) per year for the
payment of salaries of the librarian or curator, and assistants, in charge of the rare
books and manuscripts belonging to the University of its successors, including The Tracy
W. McGregor Library, for insurance and for the repair, binding and rebinding, cleaning,
mounting and casing of the Library, and for the purchase of additions to the Library,
PROVIDED, that at least the sum of twenty-five hundred dollars ($2,500) per year shall be
so expended for such period for the purchase of additions, or shall be accumulated and held
available for such purpose, but at least the sum of seventy-five hundred dollars ($7,500)
shall be actually so expended for the purchase of additions during every period of three
(3) successive calendar years.

7. That additional library material, suitable to be included in The Tracy
W. McGregor Library, may be given and granted to the University and its successors, to be
added to and become a part of the Library, by McGregor Fund or by any other person or
persons under the terms and conditions hereof or under terms and conditions not incompatible
herewith.

8. That for the next ensuing ten (10) years there be a Committee, to be known
as the Advisory Committee, consisting of seven persons as follows:

  • (a) The President of the University;

  • (b) The Librarian of the General Library of the University;

  • (c) The ranking professor of American History in the University;

  • (d) Two persons who may be designated by McGregor Fund;

  • (e) Two members-at-large who shall be appointed by The Rector
    and Visitors of the University, in the first instance one
    to serve for two years and one for four years, and thereafter
    to serve for four years;

who shall advise the University with respect to the care and use of the Library and with
respect to the selection and purchase of additions to the Library, and with respect to
the conditions and provisions under which material in the Library may be removed
temporarily for exhibition or other purposes as above provided.

PROVIDED that upon breach of any term or condition of this Indenture and
Deed of Gift, and such breach continuing for three (3) months after written notice
thereof to the University or its successors, the Library, except those additions thereto
made or given by the University or its successors or by any other person except McGregor
Fund, shall thereupon revert to and become the absolute property of McGregor Fund, and
McGregor Fund may repossess the same and for such purpose may enter upon the premises
of the University or its successors.

IN WITNESS WHEREOF the parties hereto have caused this Indenture and deed
of Gift to be executed by their officers respectively only authorized and their respective
corporate seals to be affixed hereto, all the day and year first above mentioned.

MCGREGOR FUND

By Henry S. Hulbert
President

Renville Wheat
Secretary

THE RECTOR AND VISITORS OF THE
UNIVERSITY OF VIRGINIA

By Fred. W. Scott
Rector

ATTEST:

E. I. Carruthers,
Secretary


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It is hereby agreed by the undersigned McGregor Fund, a Michigan corporation
of Detroit, Michigan, and The Rector and Visitors of the University of Virginia, a public
corporation of the State of Virginia, that the schedules attached hereto have been prepared,
revised and corrected to identify and describe the books and other library material which
shall constitute that part of the library of the late Tracy W. McGregor, of Detroit,
Michigan, which McGregor Fund proposes to give and grant to The Rector and Visitors of the
University of Virginia under the terms and conditions of an indenture and deed of gift which
the undersigned have approved and are prepared to execute.

The books and other items marked on the attached schedules as eliminated, will
not be included in the gift.

The books and other items marked on the attached schedules as reserved will not
be included immediately in the gift, but the undersigned expect to select later those books
and other items so reserved which are suitable to be added to the gift.

Date at Charlottesville, Virginia, September 10, 1938.

MCGREGOR FUND

By Henry S. Hulbert

and Kenneth L. Moore

THE RECTOR AND VISITORS OF THE
UNIVERSITY OF VIRGINIA

By Fred. W. Scott

and E. I. Carruthers,

(See contract and list of books in Contract file)

After a full discussion on the part of the members of the board, the following
Resolution was unanimously agreed to:

RESOLVED, by the Rector and Visitors of the University of Virginia
that they accept with gratitude and appreciation the offer of McGregor Fund of the
gift of the Tracy W. McGregor Library, in accordance with the Deed of Gift and
Agreement as set out above, and

RESOLVED, that the Rector be and he is hereby authorized and directed to
sign the Deed of Gift and Agreement, and the Secretary to affix the seal and attest
the same on behalf of the Rector and Visitors of the University of Virginia.

RESOLVED, FURTHER, that the President and appropriate administrative
officers be authorized and directed to take all necessary and proper steps to carry
out the obligations imposed upon the Rector and Visitors by the said Deed of Gift and
said Agreement.

The Board gave expression to President Newcomb by a rising vote for the services
he had rendered the University in having secured the munificent gift of the McGregor Library
to the University of Virginia.

"ADVISORY COMMITTEE OF THE TRACY W. MCGREGOR LIBRARY."

RESOLVED, by the Rector and Visitors of the University of Virginia that
Robert B. Tunstall and Alexander W. Weddell be and they are here appointed as members
of the "Advisory Committee of the Tracy W. McGregor Library" as provided for in section
(e) Paragraph 8 of the Deed of Gift.

These appointments are to be effective as of July 1, 1938, Robert B. Tunstall
to serve for two years from that date and Alexander W. Weddell to serve for four years from
that date.

Following the acceptance of the offer of McGregor Fund of the gift of the
Tracy W. McGregor Library, the President read to the Board a copy of his letter to Miss
Betty Cocke, under date of June 26, 1934, in which he declared his purpose to recommend
the designation of the manuscript room in the Alderman Memorial Library as a memorial to
General John Hartwell Cocke in memory of his distinguished to this University. The members
of the Board declared themselves to be heartily in accord with the establishment of a memoria
on the grounds of the University to General Cocke for his outstanding services to the
University of Virginia in connection with its founding and the early days of its operation.
The President was thereupon requested and directed to take up with the Cocke family the
naming of some room or building on the grounds of the University in memory of General
Cocke for his conspicuous and able leadership as a member of the Board of this University.

In view of the fact that the Board had agreed to keep the McGregor Rare Book
Collection as a separate collection in the Alderman Library and since the Rare Book and
Manuscript Room seemed the only appropriate place for this collection, it was thereupon
agreed to designate the south end of the Rare Book and Manuscript Room in the Alderman
Library as the TRACY W. McGREGOR RARE BOOK ROOM, and the following resolution was unanimously
adopted:


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RESOLVED, by the Rector and Visitors of the University of Virginia that
so much of the south end of the Rare Book and Manuscript Room of the Alderman
Library as shall be needed for the purposes of the Tracy W. McGregor Rare Book
Collection be allotted for this purpose, and the space so allotted be forever designated
as the TRACY W. MCGREGOR RARE BOOK ROOM.

Upon motion, the meeting then adjourned.

C. Harding Walker
SECRETARY
E. I. Carruthersa
RECTOR