xt705q4rjm5n https://exploreuk.uky.edu/dips/xt705q4rjm5n/data/mets.xml Lexington, Kentucky University of Kentucky 19450829 minutes English University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. Minutes of the University of Kentucky Board of Trustees Minutes of the University of Kentucky Board of Trustees, 1945-08-jun29-ec. text Minutes of the University of Kentucky Board of Trustees, 1945-08-jun29-ec. 1945 2011 true xt705q4rjm5n section xt705q4rjm5n 

     Minutes of the Leeting of the Executive Commintee of the Board
of Trustees, University of Kentucky, June 29, 1945.

     The Executive Committee of the Board of Trustees of the  T-
versity of Kentucky met in the President's Office at 10:30 a.:w
Friday, June 29, 1945.   The following members were present. J.-e
Richard C. Stoll, H. D. Palmore, JiC. Everett, H. S. Cleve2.anf and
R.P. Hobson.   President H. L. Donovan and Comptroller Frankl D.
Peterson' Secretary of the Board,were present.

     A. Report of the Conptroller.
     The Comptroller submitted copy of financial report for the
period ending May 31, 1945, to each member of the Coorr.ittee*  The
Executive Committee examined the report in d.etail and the Coraptrol-
ler explained all sections.   The Comptroller stated that the esti-
mated income would be exceeded for the year and. that expendituros
would be hold within the budgeted appropriations.

            1. Upon motion duly eede, seconded and carried,
               the report is ordered received and filed.

     B. Room Shortage for Student Women Reported.

     President Donovan stated that he desired to report a memorrdnum
which he had received from the Dean of Women giving information con-
cerning a shortage off rooms for women students in the University.r
He explained that this information was being read for information to
the members of the Executive Cormrittee.

                                       June 2-, 1.945
     Memorandum to: Dr. Donovan

     From         : Dean of Women

          At the present time, we have the following number of
     applications and deposits for room reservations in the resi-
     dence halls on file in this office:


                       In Halls             New
                       Last Quarter Out State    In State    TOrVIAL

     Graduate Students    3            1          1

     Seniors             57            0          3

     Juniors             64            9         12            CS

     Sophomores         157            7         12           176

     Freshmen             3           36         62           101

                                                  TOTAL       427

          We have letters and deposits from nine more students.
     Formal application blanks have been sent them.

          We also have approximately fifty letters asking for
     application blanks and information concerning the residence

          Last fall we had a total of 215 freshnan women in res-
     idence; to date, we have only 101 applications for freshman
     women students. Should applications from freshmen equal last
     year's figures by September, we will have a deficiency of at
     least 115 places for freshman women in residence halls.
     These halls are exclusive of the two cooperative houses
     and the nine sorority houses. The latter residence units
     are filled to capacity to date.

          The residence halls have been set up this year for
     a capacity of 440.   Three months before the opening of
     the fall quarter, we are within 13 of full capacity.

     C. Opinion of the Attorney General on Law Concernin.-? '-bterans
of World War II.

     President Donovan reported that he had received an opinion from
the Attorney General, the Honorable Eldon Durnmit, answering various
questions concerning the status of World War veterans entering the
University under the provisions of Ky. R. S. Sec. 164.480.   The
opinion was ordered copied in the rminutes,



               Commonwealth of Kentucky



                                   June 15, 1945

Dr. H. L. Donovan
President, University of Kentucky
Lexd ngton, Kentucky

Dear Dr. Donovan:

     We have your letter of June lst with the resolutions
of your Board attached, In which you ask a nurnber of
questions regarding the construction of Section 1640480
KRS, in connection with Public La-I; 346, comimionly known as
the G. I. Bill of Rights, and particularly that part of
said bill, II Section, regarding the education of vet-

     You have requested our previous opinions in this
matter, and we have found three opinions pertinent to
your request, one to Mr. Prentisr, Douglass, 608 Security
Trust Building, Lexington, Kentucky, of date February
6, 1945* another of February 24, 194-5, to Mr. M. 1h4JIlite,
Acting birector of Personnel Office at your University,
and another of date April 21, 1945, to the Honorable
Robert P. Hobson, Attorney, Louisville, Kentucky.   We
are enclosing you copies of these three opinions tas re-
quested.   There are several other oprLnions relative to
the G.,I. Bill of Rights, but we do not think that they
are what you desire.   The opinions to Mir. Douglass and
Mr. White in a measure cover your present inquiry, but
we will go ahead and answer your questions as you propound
them in your Board resolutions of date April 3, 1945, which
for convenience we will copy as follows:

     1. What is the moaning of' "course" in the following:
        . . entitled to a frec scholarship in any state
     higher educational institution that he chooses for
     a period required for the completion of the course
     of study selected by hin."

          a. If he enters as a freshman, is he still
             pursuing a "course of study selected by
             him" when he works on the: graduate level
             toward a Ph.D. degree?

          b. Has he completed "the course of study"
             when he obtains his first degree.



          c. If he pursues the  occupational objective
             of engineering for two quarters and then
             pursues the objective of industrial man-
             agement, is "the course of study" the same?

          d. If he takes English, physics, psychology
             and mathematics the first quarter, and
             English; history, psychology, and zoology
             the second quarter, is he changing his
             course of study?

     2. Assuming the student "chooses i . . a course of
study", does he forfeit the benefits of these statutes
if he later, prior to the completion of the first "course
of study", selects another "course of study"?

     3. Is there a limit on the number of years d student
may pursue a "course of study" without "completion" occurring?

     4. What is the meanihg of &.. "Provided, however, that
if the Federal Government provides for the education of ve4-
erans . . . . then this section shall not apply to such vet-

     a. Public Law 346 provides certain educational
        privileges for veterans as a cJ1ass.   This
        being true, does it follow that the educational
        privileges provided in the Kentucky Revised
        Statutes are withdrawn?

     b. Does it mean that those veterans declared in-
        eliglble for the privileges under Public Law
        346, if residents of Kentucky at the time of
        enlistment are entitled to the educational
        privileges provided for in the Kentucky Revised

     c. If a veteran refuses aid under Public Law 346
        because a financial loss may be sustained in
        the long run, is he eligible for the state bene-

     do The extent of the educational privileges allowed
        under Public Law 346 is related to the length of
        active service.   After a veteran has secured all
        the benefits under this law, Is he entitled to
        the state benefits? For exnample, a veteran may
        be entitled to fifteen months of education under
        Public Law 346.   After tho completion of these
        fifteen months, is he entitled to state benefits?



     5. What is meant by a "veteran"?

        a. Is a student holding an honorable discharge, fr:
           the Army Air Corps Reserve a veteran?

        b. From. the ERC?

        c. From the ASTP?

        d. Is a student who holds an honorable diischar.e
           with 0 days of service, a "veteran"?

     In these opi.nions we held in substance thlat under Section
164.480 to Section 164.500 KJIS, that this state lawi would
cover veterans receivir4g an honorable disch,-Irge irrespective
of the ninety dy requirement of service under the Federal Act
before eligibility to the Faderal kct's proViSicno' ,  In other
words, where a person enlists and receives an honorable dis-
charge, a--lthough not serving ninety or any days oi service, he
is entitled to the advantages given under the state act, and
the reasons for our conclusions are given in the opinionst
copies of which are attached'   Thlese opinions, of course, clo
not go far enough to cover all your vnrious quest.orsset out
in your minutes of April 3, 1945,    'With this conclusions
however, in mind, we will now tako up your vrtrinus questions
as set out in the M'inutes and give our opinion regarding same,
having heretofore quoted your questions in the order submit-

     In the above, you ask what would be our cOrtruction
of "the completion of a course of study selected by him"
as used in the state act? It Is our opinion that the WO1'd;
"course of study" mean the customary and established cur-
riculum covering the degree which he selects to obtain.
With this in view, we will now take up your severt.-tl quios-

     Question One

         (a) If he enters as a freshaman, and selects a course
of study towards a particular degree, such rdo A.B0 degree,
.;ith the graduation in that k. B  degree, he haa compl.eted
the course of study.   We do not thi~nk that the Legislo.ture
intended for him to continue to an Mt*Ae or PheD. degree,
but he is confined, to the course for the mainor degree select-

     'The above answers your Quiest'ion (b) urnder this question.

     Now coming to your Question (c), if he has selected
an occupational objective, as enrir txring,and after two
quarters changes the objective to industrial management,
if this change does not prolong the course towards one degree,
and he can shift without prolonging7 the period of education,
we think he could do so. In other words, he cannot shift



from one course to another and thereby prolong the period
of education beyond the period first selected.

     Now in answer to your Question (d), a mere shift from
one subject to another, such as in your question from Diath-
ematics to zoology, if it does not in any way extend the
period towards the degree selected, we do not think a
change of subject would be material, but could be peImnit'c
if it does not prolong the objective first selected.

     In answer to your second question above, where the
student chooses a course of study and then later chooses
another course of study, if the first course of study tas
pursued can be credited on the second course of study
without prolonging the period or course originally se-
lected, we think it can be done; otherwise not.

     In answer to your third question as to the limit of
this course of study, as above stated, we think that the
limit is the time to obtain the degree first selected.
You will note under the G.I. Bill of Rights that there is
a specific limitation on the veteran elizible for this
education under this Act, includ1ing the refresher course.,.
and also such a period of education as is equql to the
time in the service subsequent to September 16, 1940.
There is no such limitation in the state act, and later
on in this opinion we will refer to the application of the
Federal Act and state Act to the veterans in seeking edu-
c ational advantages.

     Your fourth question is, what is the effect of the
proviso in the State Act to the effect that if the Federal
Government provides for the education of veterans, then
this section of the State Act shall not apply to such

     It is our opinion, and the opinions sent you so
conclude, that the State Act applies ;o those veterans
who receive an honorable discharge but have not the re-
quired period of service or the age requireaent under the
Federal Act.   If they come within the Federal Act, then
it is our opinion the Federal Act should be followed.
If they do not come within the Federal Act, then it is our
opinion the State act provides for them 4lon;' the lines
indicated in this opinion.   Had. the State Act incorporated
any time limit or service days limit, the matter would be
simple, but the State Act passed prior to the Federal Act
made no such specific provisioni3, but intended, however,
to give all veterans with an honorable discharge, educa-
tional advantages,

     Coming to Subquestion (a.) of No. 4, the question
may be presented to the courts under the declairatory judg-
ment act, such as you contemplate, as to whether the Fed-
eral Act does not supersede the State At entirely, but


until the courts decide that, we are of the conclusion
as above stated, that the State Act is in a sense a sup-
plemental act giving advantages where the Federal Act
does not do so, because of the liberal language used in
the State Act.  We think that the above answers Sub-
question (b) to Question 4.

     In answer to Subsection (c) of Question 4, it is
our opinion that where a person applying to your insti-
tution comes unier the Federal Act, you should apply
the Federal Act, and when not eligible under the Federal
Act, you should apply the State Act along the lines we
have tried to indicate in this opinion.

     Coming to Subquestion (cd) of Question 4, we do not
think that a veteran eligible under the Federal Act and
completing his course under this Act could then continue
urebr the State Act, but that if eligible under the Federal
Act, he is confihed to the limitations of time and restric-
tions In the Federal Act and cannot take both acts.   We
frankly admit that this will result- in some conflict and
confusion, and for that reason, the sooner the matter is
clarified by the court in construing the State Act, the
better it would be for the administration of this act and
reconciling of certain conflicting Interpretations.

     In answer to your 6th question, Section 164.480 KRS
expessly provides that these war veteran scholarships
shall be "every person who was engaged in any branch of
the military or naval service of the Ur ted States, pro-
scribed and classified by the United States War Department
as a part of such service during the wars that were de-
clared on April 6, 1917, and any wars declared thereafter
who at the time of enlistment was a resident of Kentucky#

     So if this veteran is in any branch of service
military or naval, prescribed and classified by the United
States War Department as a part of such service, he is
eligible to these state educational scholarships in your

     As we stated above, under our interpretation, if he
has enlisted and received an honornble discharge, he is
entitled to the education in your institution whether he
served any day in the service, and he is not limited to
the ninety day service under the Federal Act, but Is a
veteran with an honorable discharge as provided in the
State law.   We have tried to cover your questions in
detail, and we think that your determination to get a
decl'ration of rights in connection with this State law
is wise, and the sooner the better so there can be definite-
ly determined who are eligible and the course for which



     You should submit to the court three propositions:

1. Does the Federal Act, the G. I. Bill of Rights,
   supersede and repewal or make ineffective the State Act
   in its entirety?

2. If it does not do so and the State Act supplements the
  -Federal Act, to what extent is there a limitation on the
  time of education, and what is meant by the completion
  of a course of study selected by him?

3. Where the veteran is eligible under the Federr.l Act, is
   it mandatory that he take the course under that act or
   can he elect to take under either act, or both acts
   whore he seeks to prolong his course of study after the
   time limitation in the Federal Act?

     We have done the best we can with this matters and hope
this may be of service to you,

     Tith usual good wishes;

                                Yours very truly,

                                /s/ Eldon S.Dummit
                                ELDON S. DUIMIT
                                Attorney General.

                                         February 24, 1945

Mr. W. M. White
Acting Director
University Personnel Office
University of Kentucky
Lexington, Kentucky

Dear Mrr. white:

     I have your letter of the 21st in which you ask our con-
struction of the present Section l64o480, Kentucky Revised
Statutes, governing the granting of education to discharged
veterans in the United States armed service; and you ask a
number of questions regarding my Interpretation of this law.

     On February 6, 1945, I gave an opinion to Mr. Prentiss
Douglass of your city, a, copy of which is attached to this
letter, in which I held that the ".I. Bill of Hights or Fed-
eral legislation in this matter of granting education to
veterans, did not supersede the State law nor repeal it, when
there was a conflict in its provisions with the Federal law.
I held that the primary requisite of the State law was that



the veteran have an honorable discharge from -a classified
branch of the military or naval service of the United States;
but that the veteran would not be eligible to like benefits
from the Federal Government.

     You will note that under the State law, there is no
provision as to the age of the veterhn, and time of riuxki;
application, nor of the financial condition of the voter,.:--,
as a prerequisite to being entitled to the course of edu-
cation selected by him,   So the limitation of the Federal
act in this particular, would not prevent a veteran from
availing himself of the education afforded by the State acet
The only requisite in the State act is that the person be
honorably discharged from any branch of the military or
naval service of the United States prescribed and classi-
fied by the United States War Department as a part of such
service; and that he make application, with the discharge
attached, for the course of education he intends to enter and
complete.   Of course the applicant must at the time of en-
listment be a resident of Kentucky,

     With the above in view, we will now take up your sev-
eral questions,   Your first question is whether a student
discharged from the "Enlisted Reserves" is entitled to this
education where he has practically served from 0 days up to
89 days, which is leas than the Federal requirement.

     If the Enlisted Reserves is a branch of the military and
naval service of the United States, and he is honorably dis-
charged, he is entitled, under my interpretation, to this
course of education.

     Your second question is that the Federal law restrictw
education to fifteen months; and you want to know, in the
event the veteran Is unable to complete his course in this
fifteen months, whether he is entitled, under the State lawa,
to complete his course,

     The State statute provides for the completion of the
course selected by the veteran; and If the Federal law does
not cover it, it is my opinion that he can, under tho State
law, complete the course beyond the period of fiftoen monthsl
limitation under the Federal Act.

     Your third question is in regard to an arrny officer
who is retired with an honorable discharge, receiving retire-
ment pay; and whether he is entitled to the course provided
under the State law.

     As we stated above, there is no restriction of ad-
vantages because of financial condition, or age status. If
this army officer meets with the requisites of the State law
as above set forth, he is entitled to this course, irrespective
of his retirement pay or age status*.  His inelig;ibility# unfer
the Federal law, would not prevent him from availing himself
of the State law.



     Your fourth question is whether, under this State law,
where a veteran selects his course of study, and before com-
pletion, switches to another course of study, would this be
permissible, in view of the provisions of the State law
allowing him to complete the course selected by him.

     It Is my opinion that when he selects his course of
study and enters into it, he cannot, before completion
switch to another course of study.   If this were permitted,
he could get quite a number of educational advantages in dif-
ferent lines, hich would be an imposition on the State,
and not, in my opinion, authorized by the wording of the lave

     As to your inquiry relative to the applicant doing
"satisfactory work", it is the opinion of this of ico that
any student entering the University under the provisions
of the State law in question should do the kind of work
that is in keeping with the scholastic standards of the
University.   The purpose of the State law in question is
to enable war veterans to continue their s chool work, and
unless this can be done according to the standards of the
University, the intent and purpose of the law wio.uld be per-
verted.   We think that the applicant upon acceptance sub-
Jects himself to the same rules and regulations of the Uni-
versity as does any other student.

     With best wishes, I am

                                    Vory truly yours,

                                    :DON S. DUMMIT
                                    ATTORNEY GZiNERAL

                                    April 21, 1945

Hon. Robert P. Hobson
Attorney at Law
Kentucky Home Life Building
Louisville, Kentucky

Dear Sir:

This acknowledges receipt of your letter of February 24,
1945, regarding our recent construction of Sections 164.480
and 164.500 of the Kentucky Revised Statutes.

Please be advised that this office has given your letter
careful consideration.  'Re are of the opinion that Section
164.480 applies only to veterans who at the time of their



enlistments were residents of Kentucky.  OIL course, the
Act is self.-explanratory as to the branch of service in ovhich
they served,

The original law was passed in March, 1929, and was for the
benefit of World War I veterans. The law was amended in
1944, and included the veterans of all wars since April 6,

The amended law gave the veterans a scholarship in any state
higher educational institution, for either vvhite or colored
persons,   The scholarship includes free tuition: matriculation
and other fees, room rents fuel and lights, and the advantages
and privileges of the institution, but does not include free
board,   There is another provision in the law as amended in
1944 which says that if the Federal Government provides for
the education of veterans of any- of the wars since April 6,
1917, the provisions of Section 164,480 will not apply. In
other words, the Commonwealth of Kentucky will not be requi.ed
to furnish the veterans the aforesaid benefits when the Fer--
eral Government so provides the.i with these benefits.

Section 164,500 merely requires the veteran to file his ap-
plication for admission with the Institution in which he seeks
training at least thirty days prior to the beginning of the
semester of the school year in which he desires to enter.

Trusting that this fully answers your question,

                                  Very truly yours,

                                  ELDON So. DJI' IT
                                  Attorney General

                                  February 6, 1945
Mr. Prentiss Douglass,
6G8 Security Trust Building,
Lexington, Kentucky

Dear Mr. Douglass:

          I have your letter of the 5th in which you ask my
opinion as to the construction of Kentucky Revised Stratutes,
164.480 and 164.500, Acts of 1944 General Assembly, relative
to war veterans scholarships in our higher state instituz-

          The question presented is whether a person who
has not served the required ninety days active service under
the G.I, Bill of Rights, a federal law in this matter, would



nevertheless, come under the provisions of the state law
and be entitled to this education,

         We do not think that it was the intention of the
Legislature for a person to have served ninty days of
active service before becoming eligible to the benefits iu-c.,~
KRR 164e480.  We think that the primary requisite is thate
the veteran have an honorable discharge from a classified
branch of the military or naval service of the United
States; and second, that the veteran is not eligible for
like benefit from the federal government,   You will note
that KRS 164.500 in discussing the application for scholar-
ship says that the veterans application shall be accompanied
by an honorable discharge.   Nothing is said in this section
regarding the length of service.

         The original act providing this benefit was enact-
ed after the World War many years before the enactment of
the G.I. Bill of Rights.   The oririnal act was amended by
the 1944 General Assembly, and we maight add that at this
same session a law was enacted providing for certain veterqns
to be exempted from the payment of poll taxes.   In this act,
the Legislature did say that the veteran must have ninety
days active service.   77e think that if the Logislature had
intended that ninety days active service was necessary for
a reason to be eligible uzbr the provisions of KRS 164.480
that it would have said so, as it did say in the act regard-
ing poll taxes.

          It is hoped that your question has been answered
to your satisfactions

                                   Yours sincerely,

                                   ELDON S. DUWJIT
                                   ATTORFNEY GENERAL

         2. Upon motion duly made, seconded and carried,
            President Donovan is authorized to request
            Attorney General Dummit to bring a declaratory
            Judgment suit as suggested in the General's



    De. Aeement between Liggett and Myers Tobacco Company and
University of KentnckV,

     The President submitted a request from the Liggett and Miyers
Tobacco Company asking for an understanding between the University
and the tobacco company concerning the maintenance of a rz- i road spur
belonging to t e tobacco company and sometimes used by the Universi-
ty.  It was stated that such an Agreement had existed between the
tobacco company and the Independent Warehouse Company, former owners
of the Service Building, now owned by the University.   There was
some discussion cor-rning the agreement and, due to lack of informa-
tion, the Executive Committee took the following action:

              3. Upon motion duly made, seconded and carried,
                 the request is referred to the Comptroller
                 and Professor Frank Murray, to ascertain all
                 facts to be presented to the Board at its
                 next meeting,

     E. Agreement between Agricultural Experiment Station and thvn
United States Forest Service, Department of Agriculture.

     President Donovan submitted a Memorandum of Understanding between
the Kentucky Agricultural Experiment Station, University of Kontucky,
and the Forest Service, United States Department of Agriculture, and
recommended its approval.

Form M.A. 1               FORE3T SERVICE
                     SCHEDULE OF CONTRIBUTIONS

                                          June 11 1945

                              This statement covers 3 projects.

In accordance with the terms of the Memorandum of Understanding be-
tween the a,-- Agricultural Zxperiment Station, University of Kentucky
and the Forest Service, United States Department of Agriculture, for
the cooperative establishment of -projects to provide assistance to
farmers in all phases of woodland maragement, the parties concerned
hereby agree to make contributions as showvn below, during the fiscal
year ending June 30, 1946,  The table Indicates the estimated value
of each typo of contribution to be male, although it is not mandatory
that such contributions conform to the estimate.    Only by mutual a're
ments  may the total contribution be reduced.



The State or other agency agrees that these contributions will iot be
used to offset other Federal expenditures and do not includoe e::y
funds appropriated by the Federal Government, or any funds the e;:.pen-
diture of which will be reimbursed from Federal fu&*.       It is fursher
agreed that a record will be kept and actual expenditures reported to
the Forest Service at such intervals as requested,

                             : State or Other Agenr   :orest Service
Type of Contribution         :Cash :In Kind :Offsct       Cash
Direct Expense Farrm Forester::
  Salary                                      6.000
  Travel Expenses            :     :        : 1.000
Equipment Operation & Repair e                           *
Stenographc & Clerical             :1000
Labor                         __*_:_4.000_:
Supplies & Materials         :____
Utilities (heat,light,etc.)  :___           _     _      _     _
Rent                         :     *_       :_.
Communications               _    _:_:_:
Supervision                    :
Other (Itemized)              __   :_       :_       :

TOTALS                             :        : 14,000 :

Signed: Kentucky Agricultural Experiment      Signed: United States De-
Station, University of Kentucky            partment of Agriculture
                                           Forest Service

By                                  By

Title       Director                Title    Regional Forester

Date                    19          Date                    19      -


     Enter under "Cash" the amount to be spent directly on the
           Farm Woodland Marketing Project.

     Enter under "In Kind" the estimated, value of contribution
           furnished, as automobile, automobile operation, type-
           writer, furniture, rent, light, etc.

     Enter unbr "Offset" contributions to farm forestry in the
           state generally not used directly on the project.

           Direct Expense Farm. Forester:
             Salary: Cach paid to farm forester.
             Travel expenses: Per diem, expenses including railroad
               and bus fares and mileage.

          Stenographic and Clerical: Cash paid for or contributed
             time of stenographers or clerks.



                 Equipment Operlation and Repair: Purchase of
                   gas and oil and repairs to automobile or
                   other equipment.

                 Labor: Temporary help used to further form fcreti-ri.
                   Usually a cash item covering the hiring of help
                   to assist farm forester.

                 Supplies and materials: Office supplies, field
                   equipment, insurance, tranE;portation of things9

                 Utilities: Utilities not included in rent - lights
                   water, etc,

                 Rent: Office Quarters.

                 Communications: Telephone, telegraph.

                 Supervision: Salary and expense of supervising
                   state officers, either extension or state forestry,

                 Other: List each important item separately,
                   Examples: Moving household goods. Purchase of

                           * * * * * * * * * *

              4e Upon motion duly made, seconded and carried,
                 the Agreement is approved and authorized
                 executed as recommended.

     F. Offer of Maxwell St'reet Presbyterian Church to Purchase
Smith H4.

     President Donovan submitted a request of the ,iaxwell Street
Presbyterian Church to purchase Smith Hall property, south of the
church.   He read the following letter: