University of Virginia Library

A called meeting of the Board of Visitors was held on this date at 8 o'clock, p. m. with
Visitors Corbitt, Daniel, Miss Randolph, Rinehart, Tucker, L. C. Williams and R. Gray Williams, and
President Newcomb present.

Mr. Lewis C. Williams was elected Rector pro tem, and called the meeting to order for business.

The minutes of the meeting of October 3, which had been copied and mailed to the members,
were approved.

The President announced the enrollment for the session to cate, 2,933, and the following
gifts received:

   

From the Estate of R. A. Simpson, M. D., alumnus of the University, to be used for the Library of the University	$500.00
From John D. Gordon, Jr., to be used for needy students	$475.00

ELECTIONS

Upon the recommendation of the President, the following elections and promotions were voted:

• Mr. Oscar Underwood, Jr., was elected Visiting Professor of Law for the fall term
  of the session of 1939-40, at a salary of $2,000 for the term, and

• Mr. Noel T. Dowling was elected Visiting Professor of Law for the winter and spring
  terms of the session of 1939-40, at a salary of $4,000 for this period.

PROMOTIONS:

• Dr. Edwin W. Burton, from Assistant to Associate Professor of Opthalmology, without change
  in salary.

• Dr. Frank B. Stafford, from Instructor to Assistant Professor in Pthisiotherapy, without
  change in salary.

• Dr. George Cooper, Jr., from Instructor to Assistant Professor of Roentgenology, without
  change in salary.

• Dr. J. A. M. Thompson, from 2nd Assistant Physician to Instructor in Phthisiotherapy,
  without salary from the University.

• Dr. R. B. Turnbull, 3rd Assistant Physician to Instructor in Phthisiotherapy, without
  salary from the University.

CIVIL AERONAUTICS AUTHORITY:

The following resolution was adopted:

MANHATTAN RAILWAY COMPANY AGREEMENT:

The following resolutions were adopted:

ROTUNDA RESTORATION APPROPRIATION:

The President stated that in the Restoration of the Rotunda it was necessary to do certain work not
originally contemplated, and which could not be foreseen by an examination of the building itself. The
cost has exceeded the original estimate by the sum of $3635.30. After a thorough discussion it was
thereupon

LAW TUITION INCREASE TO NON-VIRGINIA STUDENTS, EFFECTIVE SESSION 1940-41:

The following resolution was adopted:

LAW SCHOOL-CHANGE IN GRADING SYSTEM AND BASIS FOR GRANTING LL.B DEGREE:

Upon the recommendations of the Law Faculty, and with the approval of the President, the
following recommendations with respect to change in grading system, and basis for granting degree, were adopted

The Law Faculty unanimously recommends that the existing numerical grading system be abolished
in the Law School and that a letter system be substituted therefor; the letter A to symbolize Distinghished;
the letter B to symbolize Good; the letter C to symbolize Fair; the letter D to symbolize Pass; the letter
F to symbolize Failure. Expressed in terms of the grading system currently used in the Law School, the
foregoing letter-grades would have the following numerical equivalent:

         

A —	93 or over
B —	90 to 92 inclusive
C —	85 to 89 inclusive
D —	83 to 84 inclusive
F —	below 83

The Law Faculty also unanimously recommends that the degree of Bachelor of Laws be denied a
student with a grade point average of less than one, computed on the basis of all law courses taken by the
student. In computing grade point averages A shall equal 4, B, 3, C, 2, D, 1. To ascertain the grade point
average of a student the term-hours of each course taken by the student shall be multiplied by the number
representing the grade received in each course.

The total of these products shall then be divided by the sum of the term-hours of the courses
taken by the student. The resulting quotient will be the student's grade point average. For example,
assume the first term grades of a first year student to be as follows.

       

Contracts	D
Criminal Law	C
Torts	B
Procedure	A.

Further assume contracts, torts and criminal law each to meet four hours a week for the first term, and
procedure to meet three hours a week for that term. This student's grade point average would be computed
as follows:

         

Contracts	E = 1 ×	4	=	4	grade points
Criminal Law	C = 2 ×	4	=	8	grade points
Torts	B = 3 ×	4	=	12	grade points
Procedure	A = 4 ×	3	=	12	grade points
Total term hours -		15		36	Total grade points

       

15	36.0	2.40	grade point average
	30
	60
	60

REPORT FROM COMMITTEE OF LAW ALUMNI IN RE: LAW SCHOOL APPROPRIATION:

A committee from the Alumni of the Law School appeared before the Board to urge larger appropriations
for the salaries of the faculty, increase of the book funds and facilities for book space, whereupon the
following resolution, offered by R. Gray Williams, was adopted:

WHEREAS, a committee of distinguished lawyers prepared a memorandum designed to show the minimum
needs of the law school and a copy of this memorandum was sent to each member of this Board, and

WHEREAS, this committee was composed of the following; Havthone D. Battle, Christie Benet,
Col. Joseph M. Fartfield, Forrest Hyde, T. Catesby Jones, Paul Barringer, Murray McGuire, and Robert
Tunstall, and

WHEREAS, on this day Murray M. McGuire introduced personally to this Board Col. Joseph M.
Fartfield, T. Catesby Jones, Paul Berringer and Robert B. Tunstall, be emphasized the minimum capital
outlay required to bring the law library up to date and the minimum annual appropriations necessary for
roequate maintenance of the library and for professors' salaries.

In Summary, the amount required for the purpose of books is $26,067.15 and the amount required
for physical equipment including steel stacks in the stock room, additional stocks in the reading room and
system, is $27,500.

For current operating expenses of the library the amount required is $8,935, while the increase
in appropriations for salaries to provide a successor to Judge Doe at $9,000 per year, a law librarian
at $3600 per year, and certain adjustment in other salaries, is the sum of $16,750, and

WHEREAS these recommendations are in substance the same as those made by the President of this
University and are regarded by this Board as reasonable, and,

WHEREAS, the committee of lawyers, who appeared before this Board, have offered to provide a
donation of $26,067.15 to be applied to the purchase of books and legal periodicals, provided the State
makes appropriations to cover the minimum requirements as above cited, for physical equipment, current
requirements of the library and increased in salaries of the law professors,

NOW, THEREFORE, Be it Resolved that this Board expresses its deep to the lawyers
who have manifested their devotion to their alma mater by this generous offer and that this Board
respectfully recommends to His Excellency, the Governor of this Commonwealth, the inclusion in the State
budget of the sums required to carry out the recommendations made by the said committee of distinguished
lawyers and by the President of this University.

Following the adoption of the foregoing resolution, on motion a Committee, consisting of Messrs.
C. B. Garnett, R. Gray Williams, Lewis C. Williams, and James H. Corbitt, was appointed to appear before
the Governor and the Budget Committee on November 9th, to urge the inclusion of the recommendations in
the biennial budget of 1940-42.

GRAHAM F. BLANDY BLQUEST: REPORT OF ATTORNEY, AND AUTHORITY FOR BURSAR TO FOR CASH AND SECURITIES
IN FINAL SETTLEMENT:

Mr. W. Allan Perkins, Attorney for the University, submitted the following report in the above
matter, and the resolution appended hereto was adopted:

On the 12th of October, 1939, Mr. Morris Douw Perris, of the firm of Iselin, Riggs, & Mygatt,
120 Broadway, New York, Attorneys for United States Trust Company, Trustee under the will of Graham F.
Blandy, deceased, came to my office, bringing with him a statement of the account of United States
Trust Company, Trustee under the will of Graham F. Blandy, deceased, covering the period of its
trusteeship from April 30, 1928, when the first payment on account of this trust was made to said Trustee
by the Executors of said Graham F. Blandy, down to July 26, 1939, date of death of Mrs. Georgette H. Bull
formerly Mrs. Blandy, Mr. Ferris went over this account with me in detail and explained it in all of its
major features. Within a short time thereafter, I presented the account to Dr. J. L. Newcomb, President
of the University, and after he and I had examined it we agreed that due to the long period of time
covered by the account and the large sums involved in it, a careful audit thereof should be made by a competent
auditor, preferably by the Auditor of Public Accounts of Virginia. Mr. Newcomb referred the matter
to Mr. L. McCarthy Downs, Auditor of Public Accounts and Mr. Downs with Mr. Gathright and Mr. Waller from
his office, went to New York on the 19th of October, 1939, and have now completed their audit of the
whole account. A final report thereon will be furnished by Mr. Downs within a few days. I spent
several hours in Mr. Down's office today at which time the whole situation with reference to the estate
and the audit was explained to me.

In order to facilitate settlement of the Trustee's accounts the University is requested to
execute and deliver to the Trustee a receipt for the whole of the intengible estate of the late Graham F.
Blandy, to which it is entitled as remainderman under his will, together with a complete acquittance
and discharge to said United States Trust Company, Trustee, from further responsibility with reference
to said estate, or liability therefor. Such a receipt as is desired by United States Trust Company,
Trustee as aforesaid, has been prepared and when a few changes have been made therein which Mr. Downs
and I consider necessary, it will be presented to the University for execution.

After a discussion of the situation, the following resolution was unanimously adopted:

RESOLVED, that Dr. J. L. Newcomb, President of the University of Virginia be and is hereby
authorized, empowered and directed to execute, in the name and on behalf of The Rector and Visitors
of the University of Virginia, and at such time as he may deem proper, to deliver receipt to United
States Trust Company, Trustee under the will of Graham F. Blandy, deceased, for all money and
securities to which said The Rector and Visitors of the University of Virginia is entitled under the
will of Graham F. Blandy, deceased, and also execute and deliver to said Trustee, in the name and on
behalf of said The Rector and Visitors of the University of Virginia, a full release, acquittance and
discharge of said United States Trust Company, its successors and assigns, of the from all claims and
demands which said The Rector and Visitors of the University of Virginia have had or hereafter may
have against said United States Trust Company, its successors and assigns, by reason of any act or acts
or matters done or omitteed to be done by said Trust Company as Trustee under the last will and testament
of Graham F. Blandy, deceased, and in consideration of the transfer of the principal of said trust
fund will hold harmless said Trust Company of and from any liability with respect to such trust and its
actions as such Trustee and of and from all claims, suits, actions of other proceedings of any nature
arising or which may arise or be claimed by reason of the payment and transfer of the principal and remainder
of the above mentioned trust to the Rector and Visitors of the University of Virginia, and will
pay all fees, costs and expenses of defending any such claims, suits, actions or other proceedings
and will, at the request of such Trust Company, make and execute such additional instruments as may be
necessary, confirmatory of the above release and agreement to indemnify.

It is to be distinctly understood, however, that such release, discharge and acquittance shall
not be eyecuted and delivered by said J. L. Newcomb, President, as aforesaid, until the form thereof shall
have been approved by L. McCarthy Downs, Auditor of Public Accounts, and W. Allan Porkins, Attorney for
The Rector and Visitors of the University of Virginia, which approval shall be evidenced by the signatures
of said L. McCarthy Downs, as Auditor of Public Accounts, as aforesaid, and of said W. Allan Perkins,
as Attorney as aforesaid, first affixed to said receipt and acquittance.

RESOLVED, that E. I. Carruthers, Bursar of The Rector and Visitors of the University of
Virginia, be and is hereby given full and complete authority to receive and take delivery from United
States Trust Company of New York, Trustee, under the will of Graham F. Blandy, deceased, any and all
securities and cash, held by said United States Trust Company, Trustee as aforesaid. And the receipt of
said E. I. Carruthers, Bursar, as aforesaid, given to said United States Trust Company, Trustee, as
aforesaid, shall operate as a complete discharge and acquittance of said United States Trust Company
from any and all further responsibility with reference to the physical custody of such cash and
securities so delivered by said United States Trust Company, Trustee as aforesaid, to said E. I.
Carruthers, Bursar as aforesaid, and as may be specified in such receipt.

The custodianship of the cash and securities in the above bequest was referred to the Finance
Committee of the Board with power to act.

EXTENSION OF MORTGAGE CORPORATION OF NEW YORK CERTIFICATE #208,334, $19,800:

The following was adopted:

The Mortgage Corporation of New York having made application to the Supreme Court of the
State of New York, County of Kings, for an order approving a plan for the further readjustment of the
rights of holders of investments in a certain mortgage covering premises 1310 Morris Avenue, Borough
of Bronx, City and State of New York, guaranteed by Bond and Mortgage Guarantee Company, Guarantee
#208,334, in the total sum of $144,540.00, of which the University owns $19,800 in the Seward Estate,
for the extension of time of payment of the principal for a period of five years from the date of the
execution and delivery of the extension agreement, with interest to continue at the rate of 5% per
annum, payable quarterly, from April 1, 1938 to one month prior to the extended maturity date, and
at 6% per annum thereafter to the extended maturity date, and has made application to the several security
holders under the said mortgage for assent to the proposed plan, and as the proposed rate of interest is
the same as had been received during the past five years on the said investment, therefore be it

The meeting then adjourned to November 4th, at 11 o'clock.