University of Virginia Library


402

A called meeting of the Board of Visitors was held on this date in the office of the
President at 11 o'clock, with the following present: The Rector, R. Gray Williams, visitors
Lewis C. Williams, C. B. Garnett, James H. Corbitt, C. O'Conor Goolrick, E. C. Anderson, Aubrey
Weaver, Dabney S. Lancaster, W. D. Haden, and President Newcomb.

The President made the following announcements:

Total enrollment in all departments 1662.

GIFTS:

     
From the General Education Board $2,000 and from the Emergency Committee in aid of
Displaced Foreign Scholars, $1,000, a total of 
$3,000. 
From E. I. duPont de Nemours & Company, for a Postgraduate Fellowship in Chemistry
for the Session 1943-44 
750. 
From the Class of 1943, "to start a fund for a tablet in Memoriam to University of
Virginia alumni in World War II 
400. 

RESIGNATION MISS HOLLO:

RESOLVED, that the resignation of Miss Myrtle Mary Hollo, Assistant Professor of
Nursing Education, be and the same is hereby accepted with regret.

ELECTIONS:

RESOLVED, that the following appointments, authorized by the Board and made during the
summer, are hereby ratified and confirmed as follows:

  • Dr. Ralph Benson Houlihan, promoted from Instructor to Assistant Professor of Bacteriology
    and Preventive Medicine, without change in salary.

  • Lt. Frank E. Groff, Assistant Professor of Naval Science and Tactics, without salary from
    the University, effective June 30, 1943.

  • Lt. (j.g.) John J. Neff, Assistant Professor of Naval Science and Tactics, without salary
    from the University, effective June 28, 1943.

NATHAN W. MORGAN'S INDEBTEDNESS TO THE STATE LOAN FUND: CANCELLATION:

The following action was voted:

RESOLVED, that Governor Colgate W. Darden, Jr., be requested to approve the cancellation
of $50.00 of the indebtedness of Nathan W. Morgan, represented by State Loan Note #1155,
dated January 1, 1930.

ARMY SPECIALIZED TRAINING PROGRAM CONTRACT IN MEDICAL SCHOOL: EXECUTION AUTHORIZED:

The following resolution was voted:

RESOLVED, by the Board of Visitors of the Rector and Visitors of the University of Virginia
that J. L. Newcomb, President, be and he is hereby authorized and directed to sign, for this
Board, the contract between the United States of America and the University of Virginia,
for the operation of the Army Specialized Training Program in the Medical School of the
University.

RESOLVED, FURTHER, that E. I. Carruthers, Secretary of this Board, be and he is hereby authorized
and directed to attest the signature, affix the seal and certify that this resolution
was passed by authority of the Governing Body of the University, and is within the
scope of its corporate powers.

NAVY STUDENTS IN THE MEDICAL SCHOOL CONTRACT #NOP-283: EXECUTION AUTHORIZED:

The following resolution was voted:

RESOLVED, by the Board of Visitors of the Rector and Visitors of the University of Virginia
that J. L. Newcomb, President, be and he is hereby authorized and directed to sign, for
this Board, Contract NOP 283 between the United States of America and the University of
Virginia for the instruction of Navy students in the Medical School of the University.

RESOLVED, FURTHER that E. I. Carruthers, Secretary of this Board, be and he is hereby authorized
and directed to attest the signature, affix the seal and certify that this resolution
was passed by authority of the Governing Body of the University, and is within the
scope of its corporate powers.

ORDNANCE CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE UNIVERSITY OF VIRGINIA, COVERING ISSUE
OF CERTAIN ITEMS OF ORDNANCE: EXECUTION AUTHORIZED:

The following resolution was voted:

RESOLVED, by the Board of Visitors of the Rector and Visitors of the University of Virginia
that J. L. Newcomb, President be and he is hereby authorized and directed to sign, for
this Board, the contract between the United States of America and the University of Virginia,
covering the issue of certain items of Ordnance to be used in experimental study and research.

RESOLVED, FURTHER, that E. I. Carruthers, Secretary of this Board, be and he is hereby
authorized and directed to attest the signature, affix the seal, and certify that this
resolution was passed by authority of the Governing Body of the University, and is within
the scope of its corporate powers.


403

MARY WASHINGTON COLLEGE COORDINATION WITH THE UNIVERSITY OF VIRGINIA:

The coordination of the two institutions was discussed, after which the following
resolution was voted:

RESOLVED, that a committee of three members of this Board be appointed to confer
with President Combs as to the title of his position at Mary Washington College if
combined with the University of Virginia, and then to confer with the Governor
with respect to this and other provisions of a proposed bill which will be presented
by the committee to the Governor's Commission at its meeting in Richmond on
October 20th.

The Rector appointed on said committee: Corbitt, Garnett and Haden.

ZONING OF PROPERTY ON CHANCELLOR STREET AND WEST MAIN STREET:

Mr. Perkins, as Attorney for the Board, reported that acting pursuant to instruction
given him by the President he prepared a petition asking that the property situated on
the east side of Chancellor Street, extending along University Avenue for a distance of 137
feet, which is now zoned as B-1 Business District be changed from B-1 to an A-1 Residential
Classification. After having this petition signed by all of the individuals owning property
along both sides of Chancellor Street be presented the petition to the Council of Charlottesville
at a meeting of the Council held August 2nd, 1943.

Pursuant to the ordinance with reference to rezoning a Committee of the Council was
appointed to investigate the proposed change and the matter was referred to the Zoning Board
and on September 7, 1943, a public hearing was held by the Council. At the public hearing
Dr. Thomas H. Daniel, representing the Dunnington interests, opposed the change but made a proposal
for a compromise, upon the following terms-

A portion of the front of the Dunnington property, fronting on University Avenue for
a distance of 100 feet westward from the line of Mrs. W. W. Kelly and extending back between
parallel lines a distance of 90 feet shall be changed from B-1 Business to B- Business. All
the residue of the Dunnington property, including 37 feet on University Avenue next to Chancellor
Street, and all the rest of the area fronting Chancellor Street back to the C & O Railway right
of way to be changed from B-1 Business to A-1 Residence.

A resolution was then offered by Mr. Adams, seconded by Mr. Nash, providing for the
rezoning of the whole property in accordance with the University's petition. A substitute was
at once offered by Mr. Morris and seconded by Mr. Huff to rezone the property in accordance with
Dr. Daniel's proposed compromise.

It being apparent that no action could be taken, since any change in the zoning could
only be made upon three-fourths affirmative vote, and there being five members of the Council,
the motions were laid on the table, no vote taken, and Mr. Perkins was requested to present the
situation to the Board of Visitors and ask for further instructions.

After consideration of the situation the following resolution was adopted-

RESOLVED, That this Board is strongly opposed to any further encroachment of business
around the grounds of the University of Virginia. The Board, therefore, respectfully
declines to agree to Dr. Daniel's proposal of compromise.

MAZYCK WILSON SHIELDS BEQUEST: RE: TUNG LAND DEVELOPMENT MATTER:

The President presented for consideration the following letter received from Mr.
Christopher B. Garnett to whom had been referred for investigation the bequest of the Mazyck
Wilson Shields to the University of Virginia a certain interest in the Tung Land Development
Company, of Florida:

Dr. John Lloyd Newcomb
President, University of Virginia
Charlottesville, Va. In re: Estate of Mazyck Wilson Shields
Dear Dr. Newcomb:

I have just come from a conference with Mr. Mahlon C. Masterson, attorney
for Richard C. Marshall, Administrator d.b.n., c.t.a. of Mazyck Wilson Shields,
and while in his office Mr. Masterson showed me a letter which he had received
from Mr. Perkins.

As I understand the legal situation it may be briefly stated as follows:

There is a balance due, or to be come due, of $1350 by the estate of
Mazyck Wilson Shields on the contract for the development of the Tung land.
The administrator feels that this contract was secured by fraud and is not
disposed to pay the same.

In spite of the fact that the contract is related to the Tung land which
Mrs. Shields purchased, if the contract be valid and not void on account of
fraud, it is an obligation which rests upon the administrator and must be paid.

The title to the Tung land, however, passes by the will of Mrs. Shields
to the University of Virginia and the Virginia Military Institute in equal shares.
It is doubtful whether the land is worth the amount due under the aforesaid
contract.


404

Therefore I have made this suggestion to Mr. Mahlon C. Masterson,
attorney for the administrator, and am also making it to you, to be considered
by you and Mr. Perkins, and also for the purpose of study by the
Virginia Military Institute, viz:

That a proposition be made by the University of Virginia and Virginia
Military Institute to the Tung Land Development Company to release their
interest in the Tung Land, provided, however, that the Tung Land Development
Company will release and discharge the contract with Mazyck Wilson
Shields for the development of said land.

I mentioned this proposition to Mr. Masterson and he seemed to be in
accord that it was a good idea if it could be effected.

If Mr. Perkins desires to have a conference with Mr. Masterson and
myself both of us will be very glad to see him in Washington.

I am sending you herein a copy of this letter for Mr. Perkins' files
and a copy to be forwarded to the Superintendent of Virginia Military
Institute.

With kindest regards, I am

Very truly yours,
Signed: C. B. Garnett
CBG/AEC

Following its reading and discussion, the following resolution was adopted:

RESOLVED, that a proposition be made by the University of Virginia and Virginia
Military Institute to the Tung Land Development Company to release their interest
in the Tung Land, provided, however, that the Tung Land Development Company will
release and discharge the contract with Mazyck Wilson Sheilds for the development
of said land, and,

RESOLVED, FURTHER, that if this proposition is accepted by the Tung Land Development
Company the President be, and he is hereby, directed to sign a deed of release on
behalf of the University which will release and discharge its interest in the land
of the Tung Land Development Company.

LYON GIFT TO THE LAW LIBRARY:

The President announced a gift of Frank Lyon, of Washington, D. C., to the Law Library,
consisting of Inter-State Commerce Commission Reports, whereupon the following resolutions were
adopted:

RESOLVED, by the Board of Visitors of the Rector and Visitors of the University of
Virginia that we accept with gratitude and appreciation the offer of Mr. Frank Lyon,
of Washington, D. C., to present to the University of Virginia Law Library all of the
Inter-State Commerce Commission Reports from 1887 to 1940, comprising approximately
250 volumes.

RESOLVED, FURTHER, that this gift be accepted in memory of Mr. Lyon's father, John Lyon,
and son, Frank Lyon, who were students in the University of Virginia, and that the
President be and he is hereby directed to write a letter to Mr. Lyon expressing the
gratitude of this Board for his gift, and arrange with Mr. Lyon for the transmittal of
these volumes to the Law Library of the University of Virginia.

COMMITTEE ON INVESTIGATION OF ACADEMIC DEPARTMENT—REPORT:

Mr. Edward C. Anderson, Chairman of the Special Committee on investigation of the
academic department of the University, made averbal progress report covering the several meetings
that had been held with the deans and faculty members, and stated that a written report with
suggestions would be made at a later meeting.

The meeting then adjourned.

R. Gray Williams
RECTOR
E. I. Carruthersa
SECRETARY