xt73j960606n https://exploreuk.uky.edu/dips/xt73j960606n/data/mets.xml Lexington, Kentucky University of Kentucky 19381128 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, 1938-11-jul28-ec. text Minutes of the University of Kentucky Board of Trustees, 1938-11-jul28-ec. 1938 2011 true xt73j960606n section xt73j960606n 







    Minutes of the Called Meeting of the Executive Committee of
the Board of Trustees of the University of Kentucky, Thursday,
July 28, 1938.


     The Executive Committee of the Board of Trustees of the Uni-
versity of Kentucky met in President McVey's office at 10:30 a.m.,
Thursday, July 28, 1938, in response to a call for the meeting
made by the Chairman of the Committee, the notice being dated July
20, 1938.   Members of the Committee present were Judge Richard
C. Stoll, Chairman; H. S. Cleveland and James Park,   A.sistaint
Attorney General J. W. Jones and Dean James H. Graham met with
the Committee during consideration for the question of refinancing
the indebtedness on Men's Dormitories.   President McVey and D. H.
Peak, Secretary of the Board, were present.


     1. Approval of Minutes.

     The minutes of the Executive Committee of July 20, 1938,
were approved as published, except that a correction was ordered
to be made in Article 10, so as to show that the gift was made
in form of Trust Fund by Mrs. Margaret V. Haggin, instead of the
Haggin Estate.


     2, Purpose of the Meeting.

     The Chairman stated that the purpose for which the meeting
was called was "to take such action as may be deemed advisable on
the refinancing of a lease agreement now in force, between the
University and the Security Trust Company of Lexington, upon the
Men's Dormitories, made and executed under the Act of the General
Assembly of 1928; and to consider such miscellaneous business as
may be called to the attention of the Committee."


     3, Refinancing Debt of Men's Dormitories.

     President stated to the Committee that Attorney General
Hubert Meredith had been consulted by the University concerning
the several questions of law involved in the refinancing, that
the Attorney General had named Assistant Attorney General J. W.
Jones to handle the matter and also to meet and discuss the sev-
eral questions with Committee and, further, that Assistant At-
torney General Jones was then in waiting upon the pleasure of the.
Committee,

     Thereupon the Chairman invited W. Jones to sit with the
Committee, and thereupon proceeded to give a brief resume of all
the circumstances pertaining to the object of the meeting.




 






2.



     After a general discussion of the questions involved within
the existing lease and the refinancing of it, the Chairman, Judge
Richard C. Stoll, was directed by the Committee to notify the
Security Trust Company of Lexington, Kentucky, on behalf of the
University, that the University did not intend or propose to re-
new the existing lease on September 1, 1938, but would exercise
the option thereon as stated therein,


     4. Requisition Committee Report.

     The Requisition Committee filed written report of its action
each week from June 16, 1938, to June 30, 1938.   The report
showed orders made by the Business Office on the authority of the
Requisition Committee in the manner prescribed by the Board of
Trustees and State laws, running from No. 8569 to No. 8742 at
close of year 1937-38.   The report was examined, and on motion
and second the orders named therein were ratified and approved
and payments on said orders were authorized and approved.

     The Requisition Committee filed further report of its action
upon close of fiscal year ending June 30, 1938, on requisitions
for fiscal year beginning July 1, 1938.   The report showed orders
made by the Business Office on the authority of the Requisition
Committee in the manner prescribed by the Board of Trustees and
State laws, running from No. 1 to No. 114.   The report was exam-
ined, and on motion and second the orders na.ed therein were rat-
ified and approved and payments on seid orders were authorized
and approved.


     5. Advice of Allotment,

     The Business Agent stated 1h'aat he had received fromn the Stcte
Department of Finance, B11dget Division, advice of allotment of
appropriations for the first quarter of the year 1938-39, in ad-
dition to report copied in minutes, June 29, 1938, the following:


Name of Fund         Amount of Ap-   Amount Allotted Total Allottvin
  _________________  propriation           - Q.uarter to Date

Horticultural Promo-
   tion              $10,000.00      $ 2,000.00         2 2,000.00


     6. Payment on Warehouse Debt Approved.

     The President stated that on July 2, 1938, there was due
85,000.00 principal, $1000.00 interest and *l00.00 Trustee's
fee on the warehouse building (occupied by Department of Buildings
and Grounds) indebtedness to the Security Trust Comopany and that
because of insufficiency of' income for fiscal year endin:- Juno
30, 1938, it was necessary to make payment of the indebterdness
from the reserve due to operation of the Campus BooL Store,




 



3.



     The action of the President in having payment of the $6100.00
due Security Trust Company from Campus Book Store Reserve Fund
was approved and ratified.


     7. Transportation Organization Research Bureau.

     President McVey presented a W. P. A. project pr.posed to be
operated under following plan of organization:

          The Bureau will be sponsored by the Department of
     Chemistry in cooperation with the Department of Engineer-
     ing at the University of Kentucky, will be operated in
     conjunction with the Federal Government as a Works Prog-
     ress Administration Project and with the Department of
     Highways of the State of Kentucky.

          A combined laboratory and office will be furnished
     by the Department of Chemistry at the University of Ken-
     tucky and the W. P. A. will furnish the men for the work.
     The State Highway Department will make available their
     laboratories, staff, and equipment to the project. The
     Director of the Bureau will be Dr. M. Hume Bedford of
     the Department of Chemistry. Assistant Director and
     staff W. P. A. supervisor will be David C. Scott. The
     Associate Director, in charge of the engineering work,
     will be Professor A. J. Meyer, Dr. Barkenbus, Professor
     Crouse, Professor Emrath, Dr. F. Tuttle, Colonel Graham,
     Mr. Batts, and Mr.Cantrill will act in an advisory ca-
     pacity. Companies, cooperating with the Bureau, will
     make available both their fleets and their mechanical
     measuring and servicing equipment.

          The Bureau aims at the following objectives:

          1. The accumulation of factual knowledge about
     lubrication of internal combustion engines, transmission
     and rear axles.

          2. The investigation of the technical problems con-
     fronting bus and truck operators, en7ine manufacturers
     and, producers of lubricants.

           3, The investigation of chemical and physical prop-
     erties of lubricants mentioned in #1 and #2.

           4. To determine the changes that occur in motor oils
     when in service, the conditions under which the oils
     change, the significance of these changes and the control
     of these factors.

           5, The consideration of the influence of four factors
      (main) namely, mechanical condition of the motor; the
      air; the fuel used; and the lubricant itself, and how the
      nature of the lubricant itself may affect favorably or
      adversely the results attributable to each of the other
      factors.




 




4.



     The policy, availability of fees for service, method of opera-
tion and organization of test program was then explained to the
Committee, and the statement was made that the operation of the
project will be without additional expense to the University.

     On motion and second it was ordered that the University coop-
erate with the W. P. A. and the Department of Highways in setting
up and promoting the project.


     8. Naming Tennis Courts.

     A letter to Athletic Director Shively from Robert P. Evans,
Captain of Tennis Team, relative to naming University tennis courts,
was presented to theCommittee but no action was taken thereon,


     9 Margaret V. Haggin Trust Fund,

     Reference is made to Section 10 of the Minutes of July 20,
1938, which was corrected to show that the gift, in the form of a
trust, was made by Mrs. Margaret V. Haggin instead of James B.
Haggin estate.

     President McVey filed following letters:

     a. Mrs. Haggin's letter


                                        July 15, 1938


     Board of Trustees
     University of Kentucky
     Lexington, Kentucky

     Dear Sirs:

     This is to inform you that under date of July 14,
     1938, I created a trust for charitable purposes. The
     University is named as one of the beneficiaries there-
     under and in due time you will be furnished by the
     trustees with a copy of the instrument,

                                  (Signed) Margaret V. Haggin.




 




5.



b. Trustees' letter


                                New York
                                   July 21, 1938

Dr. Frank McVey, President
University of Kentucky
Lexington, Kentucky

Dear Sir:

On the 14th day of this month Mrs. J. B. Haggin of New
York, N. Y., executed a voluntary trust agreement in
which she established a trust in perpetuity to be known
as the "MARGARET VOORHIES HAGGIN TRUST in memory of her
late husband, JAMES BEN ALI HAGGIN,` fifty per cent of
the net income of which is to be paid to your institu-
tion. The trust agreement contains no restrictions upon
the use of the income by your institution.

Mrs. Haggin appointed the Honorable James W. Gerard of
New York, N. Y., Bank of New York, and myself as the co-
trustees, to hold, manage and invest this truwt fund
which, at present, consists of 150 shares of stock of
the Haggin Estate, Inc., the shares we hold representing
a minority interest only.

We are sorry that at this writing we can not inform you
accurately what your fifty per cent share of the net
income will amount to.   The stockholders of the Haggin
Estate, Inc., who are the heirs of the late James B.
Haggin, have been discussing plans for the complete liqui-
dation of that company to be effective before the end of
the current calendar year, with the consequent distribu-
tion of all the assets to themselves, and that there is
doubt whether any ordinary cash dividend will be declared
and paid by the Haggin Estate, Inc., this year. As
trustees, we shall go along with the other stockholders
in the Haggin Estate, Inc., in the proposed plan of
liquidation and toke our share of the assets of that
Company.   After the trustees receive their share of
the assets they will be in a positidn to make a more
reliable estimate of the expected annual income and we
shall let you know then what we figure that to be for
the first year thereafter.   We hope to be able to ar-
range to send you a copy of the trust agreement in due
course of time.

Please accept our congratulations on the establishment
of this trust for the benefit of your institution which
has won such an outstanding position in the educational
world.
                          (Signed) William M. Haupt
                                      Tru ste e




 





6.



     The President was asked to answer the letters, and to extend
thanks for the consideration given the University by the donor.


     10. State Board of Health - Orders as to Wasserman and Kahn
Tests.

     The President brought to the attention of the Committee the
following correspondence relative to action by the State Board of
Health as to certain tests and the effect of such action on the
Public Service Laboratories of the University of Kentucky.

     a. Doctor McCormack's letter



                                      July 22, 1938

     Dr. Linwood A. Brown, Director
     Public Service Laboratory
     Lexington, Kentucky

     My dear Doctor Brown:

          We are notifying all Health Departments and physicians
     in the State that all serodiagnostic tests for syphilis
     will be done here in our own laboratory,as of August first.
     I talked this over with Dean Cooper on my way to Washington
     the other day.

          This will relieve you of considerable expense and
     will also enable you to concentrate on the rest of your
     work, so that you can get more pleasure out of it and so
     that results will be more satisfactory.

          Please be good enough to collect all the Wasserman
     containers which you have and I will get someone to
     bring them in to us,   In the future, we will send them
     out from here. With best wishes and personal regards, I
     am

                             (Signed) A. T. McCormack, M. D.
                                       State Health Commissioner.


     b. Doctor Brown's letter

                                        July 26, 1938

     Dr. Frank L, McVey, President
         University of Kentucky

     Dear Doctor McVey:
          In my conference with you this morning, relative to the
     matter of Dr. A. T. McCormack's letter of July 22, in which
     he states that he is notifying all county health departments




 





7.



and physicians of the state that all serodiagnostic
tests for syphilis will be made at the Louisville lab-
oratories of the State Department of Health, as of August
1, you asked that I submit to you for your consideration
the points that must be considered in connection with the
matter of complying with Doctor McCormack's letter.

     1. Dr. McCormack's letter infers, but does not
        specifically state, that the Public Service
        Laboratories shall discontinue serodiagnostic
        tests for syphilis (Wasserman and Kahn tests).

        As far as these laboratories are concerned we will
        be very glad to be relieved of this enormous vol-
        ume of work and would much prefer that it be tak-
        en over entirely by the State Department of Health,
        and that they be entirely responsible for the work,
        rather than for the work to be divided between
        the two laboratories, thus eliminating any source
        of criticism or conflict regarding the handling
        or accuracy of the work.

     2. The original law, as passed by the Legislature
        in 1918, required the Experiment Station to make
        laboratory examinations of such specimens as
        may be submitted by the State Board of Health,
        in the discharge of its duties.

        Later, when the appropriation was made direct
        to the University, the appropriation bill speci-
        fied that the laboratories were to do laboratory
        work for the State Board of Health and "other
        departments of the State Government".

        Does Dr. McCormacks letter relieve the Universi-
        ty of the legal responsibility of doing serolog-
        ical work for such State institutions as Eastern,
        Central and Western State Hospitals, State Re-
        formatory at LaGrange, State Penitentiary at
        Eddyville, Greendale Reform Schools, Children's
        Home at Lyndon, Feeble-.1inded Institute at Frank-
        fort, etc.?

        Has the University the right to discontinue this
        work for the above mentioned institutions, solely
        on the authority of Dr. McCormack's letter?

     3. For the past eighteen years, physicians and health
        departments have been accustomed to sending their
        serological work to t iese laboratories, and it
        will be difficult to make such a radical change
        without a good deal of confusion.   Our experience
        leads us to believe that even if Dr. McCor-mack
        does notify all health departments and physicians
        of this chang e, unless an announcement can be
        sent from these laboratories which will plainly




 



B.



   place the responsibility for a discontinuance of the
   work here at these laboratories, specimens will contin-
   ue to be received, involving a large amount of corres-
   pandence and the forwarding of specimens to the Louis-
   ville laboratories.

   However, before such notice is sent by these labora-
   tories, I would like to have specific authority from
   you for making such announcement.

4. In his letter, Dr. McCormack asks for the return of all
   Wasserman containers which we have.   Until advised to
   the contrary, we are retaining those containers that are
   clearly the property of the Public Service Laboratories,
   and paid for by the University, and arel7turning to the
   State Department of Health only those containers thatare
   identified by a color scheme adooted by them last fall
   when they first began supplying Wasserrannn containers for
   branch laboratories at Padgcah, Madisonville, Ashland and
   the laboratories at Louisville.

        As previously stated, we will be very glad to be re-
lieved of the burden and expense of conducting serodiagnostic
work for syphilis, if it can be legally done, and trust that if
you see fit to comply with Dr. McCormack's letter, a clean-cut
separation of the work be made,

        It would be very unsatisfactory to attempt to do a lin-
ited part of the work for any special group, It would be neces-
sary to retain the full-time services of' a serologist for only
a limited volume of work.

        However, if all serological work from all sources is
handled at the Louisville laboratories, it will permit us to
dispense with the services of our present serologist, thus mak-
ing available funds for other laboratory purposes.

                       (Signed) Linwood A. Brown
                                  Director, Department of
                                  Public Service Laboratoi'ies.



   c. President McVey's letter to Doctor McCormack

                                       July 27, 1938

   Dr. A. T. McCormick, Director
   State Department of Heallth
   Louisville, Kentucky

   Mtr dear Dr. McCorr 1ctk:

        I have your limiter of July 20 stating that all ser._o-
   diagnostic tests for Oyphills will be made at the Louis-
   ville laboratories &f ber the first of August. We are




 





9.



quite in agreement with trils order, since it will re-
lieve the laboratories here of a considerable amount of
work, but several questions arise which we would like
answered in as definite a way as possible.

     In the past eighteen years physicians and health
departments have been accustomed to send their eclolog-
ical work to the laboratories of the Experiment Station.
Judging by experience in the past, it is quite likely
that health departments and physicians will continue to
send their work here.   In order to avoid a large amount
of correspondence and the forwarding of specimens, it
seems that a very definite statement -hould be sent from
our laboratories here, as well as from your own.

     A second question arises aw to the serological work
in State institutions, such as the State hospitals, re-
formatory and penitentiary, the Greendale and Lyndon
Schools and the Feeble-Minded Institute at Frankfort,
etc.   Is it expected by these Institutions that they
will be taken care of at Louisville?  Something quite
definite ought to be stated on this point.

     You, of course, are quite aware of the inconvenience
that would arise if the work is carried on in different
places.  We do not wish to have what might be called a
residue of such work, requiring the presence of a serol-
ogist on our staff.

     Your careful consideration of' these points, with
comment upon them at any early date, would be much ap-
preciated.

                        (Signed) Frank L. McVey
                                   President of the University



de Doctor McCormack's reply


                                 July 30, 1938

Dr. Frank L. McVey, President
University of Kentucky
Lexington, Kentucky

My dear Mr. President:

     In reply to your letter of July 27, we have sent rout
letters to every health department and every physician in
the State, telling them that seriodiagrnostic work fCor
syphilis will be doen in our laboratory here in Louisville,
beginning August first.




 





10.



         Of course, some of them will continue to send
    specimens in to you and we will simply ask Dr. Brown
    to forward them to us.

         I saw Dr. Wilson yesterday and instructed him to
     send all specimens for serodiagnosis from the State
     Institutions to us here, beginning August first and
     he has issued instructions to the superintendents of
     the various groups that this will be done.

          It will relieve your laboratory of the load so
     that you will have funds and personnel to concentrate
     on other phases of laboratory work.   It is always a
     pleasure to cooperate with you and ynur staff and we
     want to congratulate you for what you have done. We
     are glad to be able to relieve you of some of the burden.

                         (Signed) A. T. McCormack,
                                  State 'Health Commissioner


     The correspondence was ordered incorporated in the minutes.


     11. Agricultural Extension.

     The President filed corrected budget summary for Agricul-
tural Extension for the present fiscal year.

     The corrected summary shows total allotments and correspond-
ing expenditures amounting to $723,553.13.

     The corrected budget summary was approved and ordered substi-
tuted for the original summary in the Budget for year 1938-39.


     12. Appointments and Other Staff Changes.

     President McVey presented staff appointments and other changes
requested by deans and heads of departments, and, on his recommenda-
tion, by motion and second, the following were approved and record
ordered made in the minutes:

Appointments

    James Distler, graduate assistant in the Bureau of School
Service, for nine months, beginning September 1, 1938, at salary
of $50.00 per month.   Funds are provided in original budget.

     Henry S. McGuire, assistant bacteriologist, Department of
Public Service Laboratories, salary $125.00 a month, effective
August 1, 1938,   This appointment is made to fill the vacancy
caused by resignation of Harvey Cunov, and it is to continue
subject to the approval of Dean Cooper.




 







U.



     T. Hayden Rogers, Assistant in Agronomy in Experiment Station,
salary 82000.00 per year, effective August 1, 1938, or when he
reports for duty thereafter.   He is a graduate of Alabama
Polytechnic Institute.


Resignation

     Harvey Cunov, Assistant Bacteriologist, Department of Public
Service Laboratories, effective August 1, 1938.


Correction

     In the minutes of July 20, 1938, the salary of instructor,
George Fithian, was shown as $1,000.00.   The salary should be
stated at $1600.00 for academic year.



                       Agricultural Extension

     Andrew M. Harris, County Agent, Marshall County, effective
July 15, 1938 to June 30, 1939, salary ol75.00 a month, payable
from Bankhead and Offset to Federal Funds.    Change in territory
only.

     William E. Wiedeburg, County Agent, Christian County, ef-
fective July 1, 1938 to June 30, 1939, salary 220.00 a month,
payable from Bankhead and Federal Additional Cooperative Funds,

     John L. McKitrick, Field Agent in Agricultural Engineering
and Soil Management, Experiment Station, effective July 1, 1938
to June 30, 1939, to be paid frorm General Fund and reimbursed by
TVA, salary $250.00 a month.





     On motion, duly seconded, the Committee adjourned.



D. H. Peak
Secretary, Board of Trustees.