xt712j683k2w https://nyx.uky.edu/dips/xt712j683k2w/data/mets.xml Lexington, Kentucky University of Kentucky 19320823 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, 1932-08-jun23-ec. text Minutes of the University of Kentucky Board of Trustees, 1932-08-jun23-ec. 1932 2011 true xt712j683k2w section xt712j683k2w 

     Minutes of Meeting of the Executive Committee of the Uni-
versity of Kentucky, June 23, 1932.

     The Executive Committee of the Board of Trustees of the
University of Kentucky met in President McVeyts office at thle
University of Kentucky June 23, 1932, at iO:30 a. m. All the
members of the Committee, viz., Judge R. C. Stoll, Judge Robert
G. Gordon, E. B. Webb, Joe B. Andrews, and James Park, were pres-
ent.   President Frank L. McVey and Secretary D. H. Peak were al-
so present.
     1. Minutes Approved. The Minutes of the meeting of the Ex-
ecutive Committee of April 29, 1932, and the Minutes of the meet-
ing of the Executive Committee of May 13, 1932, were approved.
The Minutes of the meeting of the Board of Trustees of June 4,
1932, were presented to the Com-mittee, and they were then re-
ferred by the Executive Committee to the next meeting of the Board
of Trustees.

     2. Financial Report.  The financial report for May was re-
ceived and ordered to be recorded in the Minutes.

                                                 EXHIBIT "B"

Statement of Income and Expenditures
          Month of May 1932



To Date

General Fund Income
  Federal Appropriation
  Bureau of Mineral and
  Topographic Survey
  Vocational Ed. Board
  State Tax
  Int. on Lib. Loan
  Int. on Endowment
  Student Fees
  Student Fees - Summer
  Student Fees - Un.
  High School




8, 644.50








699.76 151,087.42


611,70  11,121.70



Student Fees - Ele-
mentary Training
  School              14,194.35
Student Fees - Univ.
  Extension           27,665.52
Hiscellaneous Receipts 22, 425.88
Special Agr. Appro.    2, 253.26
Rentals                2,921,90
3ents Dormitories     19,233.99
           Total    1,146 620,20

1,218.30  15,412.65

2,158.58  29,824.10
1,495.83  23,921.71
4,515.73   6,768.99
  497. 50  3,419.40
  178.25  19,412.24     
83.763.27 ],230. 38S. 47

  Adm. Exp. & llaint.
  Additions and Bet-

Excess of Inc me over
  Expenditure 8

Patterson Hall Income
'iss. Receipts
Room Rent - Sum. Sch.

  Add. & Betterments

  Excess of Income over

General Fund Income
General Fund Expend.

720, 014. 21
301, 949.19

107 928.78
13129,892. I8  


61 820.28
 4, 777.75

 46, 812. 76
 8, 844. 25
 55 657. 01

11. 153.92

1,213, 431.13
1.185 5   ,91


317. 250.97

   482.32 108, 411. -1
86 244.32 3,216,136.50

(2,481.05) 14,246.97

   717.70  62,537.98
           _  4 7777.75
   717. 70  67: 528.63

 5421.66  52 234.42
             8,8 8844.25
 5, 421. 66  6  78.67

(k4A703.96 )  6, 499.96

84,480.97 1:297, 912.10
91$665.98 1.277,215.17

Excess of General Fund
Inco~me over Expend.


Excess of Receipts over
Expenditures for General
Ledger Accounts      52,677.45
1931-32 Accounts Pap- 33 803.17
Excess of Receipts over
Expenditures for the
fiscal year to date -
General Fund         114.362.56


(24, 502.52)
33, 511. 78

11,8242. 2


67,314. 95

. _



E:xcess cf Receiots over Ex-
penditures far 'the fiscal
year to date - General
Cash in Bank July 1, 1932 -
General Fund
Cash in Bask May 31, 1932 -
GCeneral Fund

Trust Fund Income
  Student Loan Fund         2,368.06
  Student Notes Paid        4%095.90
          Total Receipts   6,463.96

Expense                     509-82
Student Notes             5X578.00
          Total            6,087.82

 Excess of Recei# s over
 Expenditures                376.14
 Excess of Receipts over
 Expenditures fiscal year
 to date - Trust Fund
 Cash in Bank July 1, 1932 -
 Trust Fund
 Cash in Bank May 31, 1932 -
 Trust Fund

Experiment Station Income
Hatch - Federal Appro.    15,000.00
Milk and Butter - Cash
  Receipts                  9,952.30
  Beef Cattle Sales          1,076.35
  Daixy Cattle Sales           267.78
  Sheep Sales                  424.93
  Swine Sales                  760.76
  Poultry Sales              2,486.27
  Farm Produce Sales         1,889.26
  Horticultural Sales        1 199.75
  Seed Test                     22.00
  Rentals                    5,519.60
  PHiscellaneous             3, 216.89
  Fertilizer - Fees         23, 439.75
  Public Service - St. Approa4, 125.54
  Public Service - Misc.        39.60
  Feeding Stuffs - Fees     26,743.15
  Adarls - Fed. Appro.      15, 000;00
  Serum - Sales              2, 532.82
  Serum - Virus Sales          124-95
  Serum - Supply Sales         156.10
  Serum - Misc. Receipts        54.11
  State Appropriation       31 797.75




143. 63


221.52      6,685.48

40. 00        549.82
503.50      6,081.50
543.50      6,631.32

(321.98)        54.16


1,417. 64





4,121. 63


   11. 55


   332. 78
   760. 76
 1 910.46
 1, 199. 75
 27, 561. 38
31, 797.75


Creamery License - Fees
Creamery - Testers Lic.
Creamery - Glas saire
Robinson - St. Appro.
Robinson - Misc. Rec.
West Ky. - St. Appro.
West Ky. - Hisc. Rec.
Purnell - Fed. Appro.
;8t. Appro. - Patterson
Farm Purchase
Nursery Inspection -
Nursery Inspect ion -
State Appro.
Poultry Improvement
Cream Grading
Blood Test
Dark, Fired Tobacco
Growers' Assn.


15 665.41
13, 713.85




29~5 ,754. 43,  


1, 873.86


   700. 00

 3. 000. 00


15 665.41
60, 000e 00

25, 000.00



  3 000.00
3gal, 745.50

  Expense                 317,334.53
  Additions & Betterments  .2.658.21
            Total        319r992. 74
  Excess of Expenditures
  over Income            (21 238e31)
  1930-1931 accounts pay-
  a'ble licuidated during
  Current Year         __1____511_37_ )



350? 182, 71
352, 860. 32

(42 ,114.82)

(16o 511.37)

Exesss of Expenditures
over Receipts
Excess of Expenditures
over Receipts for the
fiscal year to date -
Experiment Station

(40, 749.68)

(17. 876. 51)

(58,626. 19)


Cash in Bank July 1, 1931 -
Experiment Station
Cash in Bank May 31, 1932 -
Experiment Station

60 174. 75

1,-i 548. 76

Extension Division Income
  Federal Smith-Lever     148,310.55
  Federal Add. Co-op.       3L, 000,00
  Federal Supplementary    53,091.74
  Federal Capper-Ketcham   36, 801.18
  State Sraith-Lever        84,339.10
  State Capper-Ketcham       3,920.07
  Urban Garden Fund          5,000.00
  County and Other           1,882,01
                Total      364, 334.65

11, 452. 73

32.355. 76

31, 000. 00
53, 0--1.74
15, 372.80
396. 690. 41



Expense               360,689.73
A"cess of Income over
  Expenditures           3, 644.92
  Excess of Income over
  Expenditures for the
  fiscal year to date -
  Extension Division
  Cash in Bank July 1, 1931 -
  Extension Division
  Cash in Bank May 31, 1932 -
  Extension Division

33 841. 78 394S 531.51


2. 158. 90

2,158 90



General Fund Income 1,213,431.13
Trust Fund Income       2,368e06
Experiment Station
   Income              295 754. 43
 Extension Division
   Income              364.334.65

General Fund Expendi-
Trust Fund Expendi-
Experiment Station
Extension Division


1 ,185,549. 19

     509, 82




19 29!, 912. 10

  310, 745. 50

32 355.76    396,690.41
131, 905.69 2.007 793.96

91, 665.98



1,277, 215.17


  352 860e32

360.689e73    33,841.78    394s 531. 51
1,866,741.48  158,415.34 2,025.156.82

Excess of Expendi-
tures over Income      9,146.79
1930-1931 accounts pay-
able liouidated during
Current Year         (16d511.37)
1931-1932 accounts Pay-
able                  33,803.17
Excess of Receipts over
Expenditures for Gen-
eral Ledger accounts  52,677.45
Student Loan Fund -
Notes                  (1,482.10)
Excess of Receipts over
Expenditures for the
fiscal year to date -
Comibined Fund        77,633.94
Excess of Receipts over
Expenditures for the
fiscal year to date -
Combined Fund
Cash in Bank and on hand
July 1, 19312  Cormbined Fund
Cash in Bank and on hand May 31,
1932 - Combined Fund


!3, 511a 78


(17 362.86)

(16, 511.37)

67 , 314. 95

28, 174. 93

   (359.87)    (1, 841.97)

tl7.860. 26)   59, 773.68

59, 773.o68

(37, 360.18)





                Abstract of item shown on Statement
                of Income and E:.penditures as "Excess
                of Receipts over Expenditures f or
                General Ledger Accounts $28,174.931t.

                              Debit               Credit
     Accounts Receivable                       32,524.19

     Insura-nce Paid in Ad-
     vance                  3,709.77

     Notes Payable          14, 515.73

     Sundry Accounts     _     -   _           l3876.24

                             18, 225.50        46,400.43

                                               18a 225. 50


     3. State Appropxiation and. Budget Distribution. Report
of J. P. Johnston, attorney, was accepted and ordered incorpo-
rated in the Minutes.

    Letter from Hr. J. Pelham Johnston to Dr. Frank L. McVey,
    June 14, 1932.

          "I am enclosing you a letter which I received from
    the Auditor, together with a copy of the Attorney Gen-
    eral's opinion on the question of whether the appropria-
    tion of the millage and inheritance taxes to the Universi-
    ty of Kentucky Statutes S. 4019 was repealed by the 1932
    Budget Appropriation Act, being House Bill No, 378 which
    opinion was enclosed with the Auditor's letter.   i have
    made copies of these letters for my files and am sending
    you the originals, as I feel that you would like to have
    in your hands the Auditorts letter stating that he would
    be governed by the Attorney Generalts opinion."



Letter from H.r. Dan Talbott, Auditor of Public Accounts,
Frankfort, Ky., to Mr. J. Pelham Johnston, June 9, 1932.

     "As requested at your meeting yesterday, I am today
forwarding to you an opinion of the Attorney General that
has just been sent to me, concerning tax revenues for
the benefit of the University of Kentucky.

     "It seems, from this oDi-nion, that the Attorney
General has ruled as you wish in the matters   My office
will abide by this opinion."

Letter from S. H. Brown, Agsistant Attorney General of
Kentucky (letter approved by the Attorney General) to
J. Dan Talbott, Auditor of Public Accounts, June 8, 1932.

     "Yours of June 7th, addressed to the Attorney Gen-
eral, has been referred to me.   With your letter you en-
close a letter from the Honorable J. Pelham Johnston, of
Lexington, to you, with reference to the appropriation
for the University of Kentucky for the. fiscal years 1933
and 1934.   You request an opinion from thie department
on behalf of Mr. Johnston as to just what appropriation
the University will be entitled to fox the fiscal years
1933 and 1934.

     "In reply to your incuiry it is perhaps proper to
briefly review the history of the passage of the appro-
priation bill passed by the last General Aissembly, pro-
viding for the maintenance and upkeep of the various de-
partments of the state government.   The Act as passed
by the General Assembly made lump sum appropriations to
the University, to each of the four teachers' colleges
and to the common schools, each of these institutions
having theretofore received by the provisions of Section
4019 Kentucky Statutes, 1930 edition, a specified percent-
age of the revenue derived from the levying of certain
taxes.   The last General Assembly also passed an Act
known as House Bill 654, amending and re-enacting Section
4019 of the Kentucky Statutes and providing that all the
revenue which had theretofore been distributed on a per-
centage basis to various departments and institutions
should go to the credit of the general e xpenditure fund.
This bill, however, was vetoed by the Governor, leaving



Section 4019 as enacted by the 1930 session of the
General Assembly in effect, that is, unless it was
repealed by Section 110 of the appropriation bill
above referred to, which Section is as follows:

     wAll annual and/or continuing appropria-
     tions not provided for in this act and
     all other laws and parts of laws in con-
     flict herewith are hereby repealed.'

     "The Governor, as pointed out in his veto message,
was of the opinion that the Section above quoted did not
repeal those provisions of Section 4019 which distributed
certain taxes to various institutions on a percentage ba-
sis.   Therefore, under the authority of Section 88 of
the Constitution he struck out of the appropriation bill
the lump sum appropriations above referred to the Uni-
versity, the four teachers' colleges and the common
schools.   It is, therefore, apparent that if Section 110
of the appropriation act did repeal the provisions of
Section 4019 relating to the University, the four colleges
and the public whools, then all of these institutions are
without an appropriation for the ensuing biennum. This
was, of course, never the intention of the General Assembly.
Section 110 should, in my opinion, be construed in the
light of all the events and surrounding circumstances above
referred to and with that view I am of the opiniobf that
the courts would construe said section as repealing the
pertinent provisions of Section 4019 only in the event
that the Governor did not exercise his constitutional
Derogative and strike the lump sum appropriations above
referred to from the bill.   I am, also, of the opinion
that Section 110 of the appropriation Act does not repeal
the provisions of Section 4019 under discussion for the
reason that to do so would violate Section 180 of the
constitution, which in part is as follows:

      'Every Act enacted by the General Assembly
      * * * * levying a tack shall specify dis-
      tinctly the purpose fo:r which said tax is
      levied and no tac levied and collected for
      one purpose shall ever be devoted to another

      Section 4019 and Section 4281a-6 as amended by Sec-
tion 4019 specify distinctly the purposes for which the
taxes therein referred to are levied.    To repeal the
distributing provisions of Section 4019 would be to leave
said Section silent as to the purpose of the levies
therein made.



          "I am, therefore, of the opinion that Section
     4019 of Kentucky Statutes is still in full force and
     effect and that the University of Kentucky will receive
     for the fiscal years 1933 and 1934 the revenue appro-
     priated to it by that Section."

     4. Taxes Under NTew Federal Act. The effect of the new fed-
eral act in its relation to the University of Kentucky was dis-
cussed.  President HoVey was asked to get a ruling on the Ques-
tions involved.

     5. Liability for Salary after Death of Employee.   A report
made at the last meeting of the Board showed that the group in-
surance plan had been accepted by a large majority of University
employees.   It is the sense of the Executive Committee that such
insurance is ample protection to families and estates of employ-
ees, and the following resolution was offered and passed.

          "It appears that there is no liability of the
     University of Kentucky for salary of employee after
     death of such employee, and it is hereby recommended
     that payments of salary be discontinued at the end of
     the month in which the death of the employee occurs."

     6. State Inspector and Examiner,   Report was made by Pres-
ident HcVey that two members of the staff of the State Inspector
and. Examiner were making examination of the financial affairs
and other activities of the University.   Considerationlwas de-
ferred until a report of the examination is received.

     7. Annual Audit. It was ordered that the Harwick, Hitchell,
Peat and Company of Saint Louis be employed to make the annual
audit of the books of the Business Office, the charge for such
audit to be $750.00                            c

     8. Police Authority fox Watchman.   President MoVey suggest-
ed that the night and day watchmen of the University buildings
and grounds should be given some police authority, if possible.
A discussion disclosed that the city can not assume police con-
trol of University property, but that the University watchmen
may be made county patrolmen.   The question was referred to Pres-
ident McVey for such action as he deems proper.

     9. Credit Union.   President I1cVey reported that $19,000.00
had been loaned by the Univergitv of Kentucky Credit Union to
members of the University staff.   The total amount available
for loans will probably reach $43,OO0.00.



     10. Parker Library,   President McVey reported that Maiss
Sallie T. Smith of Lexington, Kentucky, has presented to the
University the library of Hr. A, T. Parker.   President McVey
was authorized to extend thanks of the Board of Trustees for the

     110 0. & 0. Raiload A~ge ment.    It was ordered that the
agreement with the C. and Oj Railroad Company for the University
to make coal tests be extended for a period of one year from
July 1 1932, and the action of Chairman R. C. Stoll in siging
renewal agreement is hereby approved.   Agreement is as follows:

                                       June 1, 1932.aw

                                         File - 370

    1ir. Richard C. Stoll,
    Chairman of Executive Committee,
    University of Kentucky,
    Lexington, Kentucky.

    Dear Sir:

          The agreement entered into by and between the Uni-
    versity of Kentucky and The Chesapeake and Ohio Railway
    Company, dated July 1st, 1931, covering the tests of coal
    and stokers, contains the following clause:

             " This atweement is for the term of one year,
          and shall expire July lst, 1932, unless it is ex-
          tended by Mutual agreement made urior to July 1st,
          1932. "

          It is evident that the tests will not be completed
    by July 1st, 1932, and that the work will extend into
    another year, reouiring the continuation of the services
    of the persons conducting the tests.   It is our desire
    to continue these tests, at least until the present sched-
    ule of work is completed, and if agreeable to the Uni-
    versity of Kentucky, it is agreeable to The Chesapeake and
    Ohio Railway Company that this agreement continue in ef-
    fect, with the understanding hereinafter mentioned, f rom
    month to month after July lst, 1932, until either party
    gives thirty days written notice to the other party of
    its desire to terminate the agreement.



     It is understood that one-twelfth of each of the
annual salaries provided for in the agreement of July
1st, 1931, of the personnel whose entire services are
engaged in the conduct of these tests, shall be made
available by the Railway Company each month, and that
after July 1st, 1932, salaries shall be on a monthly
basis, the monthly salaries being one-twelfth of the
annual salaries provided for in the agreement of July
1st, 1931, and that in all respects the agreement shall
continue on a monthly basis instead of an annual basis.

     It is further understood that the application of the
provision of the agreement dated July 1st, 1931, reading
as follows:

          "In addition to the adove amount, an amount
     not to exceed $2,OO per annum to cover fees to
     be divided between the Department of Mechanical
     Engineering and the Department of Mining and Metal-
     lurgy, to be paid the men in these departments who
     will supervise the work and otherwise be responsi.-
     ble for the character of the finished report."

shall be modified to cover only the fees to be paid the
men in the departments mentioned who devote their entire
service to the supervision of the work and the pr epara-
tion of reports during the months of July and August,
1932, the personnel and the amount of said fees to be
fixed by the Committee under whose jurisdiction the tests
are being conducted.

     The Chesapeake and Ohto Railway Company agrees to
the continuation of the said agreement of July 1st, 1931,
under the terms and co-.aditions set forth in this letter.


                    By     G. D. Brooke
                       Vice-President and General Manager

     The University of Kentucky agrees to the continuation
of the said agreement of July Ist, 1931, under the terms
and conditions set forth in this letter.

                     UNIVERSITY OF KENTUCKY

                     By   Ricpard C. Stoll
                        Chairman of Executive Commit tee



     12. Geological Survey Bills. The Business Agent reported
that he had submitted to the State Auditor the bill for @742.71
approved at the June meeting of the Board of Trustees for ex-
pense in part of removal of the property of the State Geological
Survey from Frankfort to Lexington; that the question of payment
had been referred by the Auditor to thie Attorney General for an
opinion as to the funds from which the expense of removal shall
be paid; that the Attorney General ruled that the expense be
paid from the appropriation made in the act authorizing the trans-
fer of the department to the University of Kentucky and from col-
lections made on sales in the department.   The Executive Commit-
tte suggested that the question be taken up again with the Attorney

     The Business Agent presented a statement of further expense
of removal which statement was approved by the Executive Committee,
and the Business Agent was ordered to sub-fit it to the State Audi-
tor for payment.   Copy of the statement follows:

              Report of Expense of Transferring
         Geological Survey properties from Frankfort
                  to University of Kentucky

                        June 23, 1932

     Expense since June 4, 1932:

          Union Transfer Company ......... $162.50

          Labor .207.40

          Travel Expense ...............      9.75

          Expense of Superintendent- Crutch-
             erIs department                 20.6B

     13. Payment of Note.  President liOVey was authorized to
borrow an amount sufficient to pay the balance due on notes of
.)8'5,000.00 at Security Trust Company after applying the proceeds
of the eale of College Fund warrants lodged as security for the
notes, it appearing that the amount reauired will not exceed the
anount now in the State Trea.-;ury due the College funds of the



     14. Purchase of Coal.  The Business Agent reported that he
had comMIuicated with the chairman of the State Purchasing Com,-
mission in regard to contract for purchase of coal, and that
he was authorized to get a bid from the company that has been
in communication with the Superintendent of Buildings and Grounds.
Copy of letter follows:

                                  June 6, 1932

     Mr. D. H. Peak, Business Agent,
     University of Kentucky
     Lexington, Kentucky.

     Dear Hr. Peak:

                         We have for acknowledgment your
     letter of June A4 concerning coal contract for your

                         It is Quite probable that nothing
     will be done in this matter until about the middle of
     July but Mr. Alexander will get in touch with you per-
     sonaily before anything is done,   We want to assure you
     that we shall give the proposition careful consideration,
     as it is the desire of the Commission, to make as great
     a:saving as possible in awarding this business.

                                 Yours very truly,

                                   STATE PURCHASING CO!MiISSION

                                   Andrew Alexander

     15. Sale of State Warrants.  The Cormnittee on Sale of State
Warrants was authorized to offer and sell the warrants on hand
in its discretion.   Warrants sold since last meeting of the
Board of Trustees were approved as follows:



                     State Warrants Sold

No.    Armount           Interest        86 Per Cent     Total

E.2654 $4, 143e61 K.C.   132.94         $3,553.13     O3P686.07

E.8865    804.72 3eatern   3.58            690.05        693.63

E,8243 8 214.61 K. C.     58.20          7,044.03      7,102.23

E. 2800 6,722.97 50P5    208.22          5,764.95      5,973017
E.3382  5 703.77 5Olaf   160.02          4 890. 99     5 0510.01

E. 1.3574,854.18 SOM     194.84          4,162.46      4,357,30

E.1979 10$000,00 S.L.    361.10          89575.00      8,936.10

E99864  4,059.10 Robin-   18.04          3    e480.68  3,498072
       44,502.96   son 1136.94          38,161.29     39,298.23

     16. Appointmients and Continuations of' Employment.

     Continuation of employment of R. IA. Heath., county agent,
Franklin County, at a salary of $236.66-2/3 a month., effective
June 1, 1932, to April 30, 1933.

     Continuation of employment of H. S. Patterson, county agent,
Grayson County, at a salary of $200.00 a month, effective June
1, 1932 to May 31, 1933.

     Continuation of employment of Thomas W. M1organ, county
agent of Trigg County, at a salary of $166-2/3 a month, effective
July 1, 1932 to June 30, 1933.

     Continuation of employment of Sadie Wilgus, home demonstra-
tion agent, Calloway County, at a salary of $150 a month, effective
July 19 1932, to June 30, 1933.

     Continuation of employment of Mlarie Fortenberry, home dem-
onstration agent, Pikeville, Kentucky, at a salary of $181.25 a
month, effective July 1, 1932 to June 30, 1933.

     Continuation of employment of J. H. Atkerson, county agent,
Allen County, at a salary of ~$191-2/3 a mornth, effective July 1
1932 to June 30, 1933.

     Appointiment of Paul K. \Thitaker, part-time instructor in
the German Department,, for the year 1932-1933 at a salary of



     17.  Leave of Absence.   A leave of absence for one year
on half pay, beginning Julyr 1, 1932, was granted Dr. Wellington

     18. Resignation. Resignation of Gladys Garnett, assistant
in circulation in the University Library, effective July 1, 1932,
was accepted.

     On motion, the meeting adjourned.

                                      D. H. Peak
                                      Secretary of the Board of