xt741n7xm31v https://exploreuk.uky.edu/dips/xt741n7xm31v/data/mets.xml Lexington, Kentucky University of Kentucky 19380528 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, 1938-05-apr28-ec. text Minutes of the University of Kentucky Board of Trustees, 1938-05-apr28-ec. 1938 2011 true xt741n7xm31v section xt741n7xm31v 






     Minutes of the Regular Meeting of the Executive Commdttee of
the Board of Trustees of the University of Kentucky, Thursday,
April 28, 1938.


     The Executive Committee of the Board of Trustees of the Uni-
versity of Kentucky met in President McVey's office at the Uni--
versity, Thursday, April 28, at 10:30 a.m.   The members of the
Committee present were Judge R. C. Stoll, James Park and H. S.
Cleveland.   Mr. Cleveland accepted by letter appointmert as a
member of the Executive Committee made at the ADril 1938 meeting
of the Board of Trustees.   He met with the Executive Committee
for the first time at this meeting.


     1. Approval of Minutes.

     The minutes of the meeting of the Executive Committee of
February 24, 1938, were approved as published.   The minutes of
the meeting of the Executive Committee of March 22, 193&, were
adopted and approved at the meeting of the Board of Trustees
April 5, 1938, and made a part of the minutes of that meeting.


     2. Finenclal Report.

     The financial report for March, 1938, was filed by the Bus-
iness Agent.   The report was examined by the Executive Committee
and was ordered inserted in the minutes.


             Statement of Income and Expenditures

                     Month of March 1938



                             Previously
                             Reported

General Fund Income
  Fed. Appro.-!Ybrrill-Nelson 28,566.65
  Vocational Ed. Board       19,910.32
  State Appro.-Surmer Sch.   6,000.00
  Special Agr. Appro.        16,000.00
  State Aporo.- General    456,201.64
  Interest on Peabody Endow. 1,000.00
  State Appro.-Repairs to
     Buildings                7,557.67
  Federal Appro.-Bankhead-
     Jones                   19,624,95
  Student Fees              247,136.82
  Student Fees - Sum, Sch.  62,445.15
  Student Fees - U. H. S.    8,360.00
  Student Fees - El. Tr. Sch. 6,040.00
  Student Fees - Un. Exten. 11,073.04
  Miscellaneous Receipts     7,955.25
  Rentals                     1,348.00



            Fiscal
Current     Year
Month       to Date



5,713.33
3,140.05

2,000.00
40,779.85


   424.06

 3,924.99
 6,749.1.2

 1,600.00
 1,600.00
 2,191.38
   1359.07
   225.00



34,279.98
23,050.37
  8,000.00
18,000.00
496,981.49
  1,000.00

  7,981.73

  23,549.94
253,885.94
62,445.15
  9i9g0.00
  7,640.00
  13,2:34.42
  8,114.32
  1,-73.00




 




2.



Men's Dormitories
                To t al

Expenditures
  Instruction
  Adm., Expense & Maint.
  Additions and Betterments
                Total



16,009.42
917,228.91


583,560.15
209,546.31
16,619.95
809,726.41



   654.40  16,663.82
69,161.25  ag86,390.16


79,302.55  662,360--.70
31.096.26  240 642.57
  1,014.40  17,634.35
111,413.2.1 921,13.62-



  Excess of Income over
    Expenditures

Patterson Hall Income
Board
  Miscellaneous Receipts
  Room Rent - Summier School
               Total

Expenditures
Expense
  Additions and Bettermients
               Total
  Excess of Income over Ex-
  penditure s



General Fund Income
General Fund Expenditures



107,502.50


46,218,26
      56.77
_ 1,932. 56
_ 48120?.59


  25,962.88
      20.40
  25,983.28

  22,224.31



965,436.50
335,709.69



Excess of General Fund In-
   come over Expenditures 129,726.81
Excess of Expenditures over
   Receipts for General
   Ledger accounts         (22,531.08
Accounts Payable           (19,802.19
Excess of Receipts over Ex-
   penditures for the fiscal
   year to date - Gen. Fund 87,393.54
Excess of Receipts over Ex-
   penditures for the fiscal
   year to date - General Fund
Cash in Bank July 1, 1937 -
   General Fund
Cash in Bank March 31, 1938
   General Fund



Experiment Station Income
Hatch-Federal Apjpro.       11,250.00
  Milk and Butter   Cash Rec. 7,221,70
  Beef Cattle Sales              450.95
  Dairy Cattle Sales             864.72
  Sheep Sales                    889.60
  Swine Sales                    666.83
  Poultry Sales                1,230.44
  Farmii Produce Sales         2,690.68
  Horticultural Sales          1,042,02
  .,d1 Test                   1,017.66



(42,251.96) 6512bQ,54


   652.76  46,871.02
                56.77
             1,932.56
   652.76  4C,860.35



    3,031.80  28,994.68
                   20.40
_  3,031.80 _29,01508

   (2,379.04) 19,84-5.27
      69840 1,3525.51~



69,814.01 1,035,",'50.51
114,445.01 950,154.70

(44,631.00) 85,095.81



(31,536.90)



)



(54,067.98)
(19 ,ao. 19)



(76-,167.90) 11,225.64



11,225.64

-   jl3



         11,250.00
833.75    8,055.45
            4:t50,.95
210.38    1,075410
            W3 9.60
570.76   1 ,20-c7. 59
122.62    1,35,.06
75.61    2,)?6.29
          1,0421, 02
160.06    1,-17Y, 72




 







3.



Seed Inspection
Rentals
Miscellaneous
Fertilizer, Fees
Public Service - St. Appro.
Public Service - Misc.Rec.
Feeding Stuffs - Fees
Adams - Federal Appro.
Serum - Sales
Serum - Virus Sales
Serum - Supply Sales
Serum - Misc. Sales
State Appropriation
Creamery - License Fees
Creamery - Testers' Lic.
Creamery - Glassware Tested
Robinson - State Appro.
Robinson - Misc. Receipts
West Ky.-State Appro.
West Ky.-Misc. Receipts
Purnell - Federal Appro.
Bankhead-Jones-Fed4 Appro.
Nursery Inspection - State
  .Appro.
Nursery Inspection - Fees
          Total



16,732.52
3,007.36
   236.97
30,246.25
14,181.66
    75.00
40,003.43
11,250.00
2,123.66
   173.22
   11'7.05
   25.51
32,156.12
9,605.46
2,294.89
   483.61
 8,805.30
 2,260.03
 10,068.93
 10,300.64
 45,000.00
 44,402.65

 1,440.00
 1,825.00
314,139.86



7,611.59
  119.67
  16.80
8,240.00
1,718.32
   13.00
4,103.22

   46.46
   (71.85)
   (17.46)

3,489.50
  (878.46)
  989.01
  234.00
1,107.27
  427.50
  535.10
  367.57



  180.00
  105.00
30,309.42



24,344.11
3,127.03
   253.77
38,486.25
15,899.98
    88.00
44,106.65
11,250.00
2,170.12
   101.37
   99.59
   25.51
35,645.62
8,727.00
3,283. ,
   717. 6_
 9,912.5 '
 2,687.53
 10,604.0  
 10,668.21
 45,000.0('
 44,402.6c

 1,620.00
 1,93 '00
344,449 A, ;



Expenditures
  Expense                    254,0
  Additions and Betterments    9,0
            Total            263,0
  Excess of Income over Ex-
    penditures                51,1
 Excess of Receipts over Ex-
    penditures for General
    Ledger accounts           (1,6
  Accounts Payable           (11,5
  Excess of Receipts over Ex-
    penditures                37,9
 Excess of Receipts over Ex-
    penditures for the fiscal
    year to date - Experiment Sta.
  Cash in Bank July 1, 1937 -
    Experiment Station
  Cash in Bank March 31, 1938 -
    Experiment Station



12.00
26.74



32,782.10
3.659.55



286,79A.10
12,686.29



38.74    36,441.65    299,480.39

01.12    (6,132.23)    44,968.89


55.69)    4,004.67      2,348.98
,35.25) (_1_1_,__53_5.25.)

10.18    (22127.56)    35,782.62



35,782.62

2,6,47?2. -5



62,255,07



38.74   36.441.65   299.480.39




 




4.



Extension Division Income
Federal Bankhead-Jones
  Federal Srmth-Lever
  Federal Supplementary
  Federal Capper-Ketcham
  State Smith-Lever
  County and Other
                Total

Expenditures
  Expense



366,730.49
148,308.32
26,545.52
36,800.98
78,530.57
13.513.61



9,903.76
2.0199.57



366,730.49
148,308.32
26,545.52
36,800.98
88,434.33
15.533.18



670,429.49   11,923,33    68      82


461,096.69   61,181.97    522,278.66



Excess of Income over Ex-
penditures



209,332.80



(49,258.64)



1 60,074.16



Excess of Income over Expendi-
tures for the fiscal year to
date - Extension Division
Cash in Bank July 1, 1937 -
Extension Division
Cash in Bank March 31, 1938 -
Extension Division



Trust Fund Income
  Student Loan Fund
  Student Notes Paid
      Total Receipts



2,072.93
2,030.69
4,103.62



73.24
611.47
684.71



160,074.16

  2,672.00



162,746,16



2,146.17

4,788.3 e  



Expenditures
  Expense
  Student Notes
  General Ledger accounts
       Total Expenditures

  Excess of Expenditures over
  Receipts

  Excess of Expenditures over
  Receipts for the fiscal
  year to date - Trust Fund
  Cash in Bank July 1, 1937 -
  Trust Fund
  Cash in Bank March 31, 1938
  Trust Fund



  18.00
  3555.00
5,000.00
5.373.00



(1.269.38)



13.00         31.00
85.00        440.00
       ____ 5,000.00
98.00      5,471.00-



586.71



(682.67)



(68.2,67)

4,267.53



3,584.86



Summary
  General Fund Income        965,436.50
  Experiment Station Income  314,139.86
  Extension Division Income  670,429.49
  Trust Fund Income            2,072.93
            Total          1,95,0078.78



69,814.01
30,309.42
11,923.33
    73.24
112.120.00



1,035,250.51
  344,449.28
  682,352.82
    2,146,17
2,064.198.78



I,,,                _
          -




 




5.



General Fund Expenditures
Experiment Station Expend.
Extension Division Expend.
Trust Fund Expenditures
     Total
Excess of Income over Ex-
penditures

Accounts Payable

Excess of Expenditures over
Receipts for General Ledger
accounts



Student Loan Fund Notes



835,709.69
263,038.74
461,096.69
      18.00
L.559.863.12



392,215.66

(31,337.44)



(29,186.77)



1,675.69



114,445.01  950,154.70
36,441.65  299,480.39
61,181.97  522,278.66
     13.00       31.00
212,081.63 L771.944.75



(99,961.63) 292,254.03

            (31,337.44)



(27,532.23) (56,719.00'

   526.47    2,202.16



Excess of Receipts over Ex-
penditures for the fiscal
year to date-Combined Fund 333,367.14

Excess of Receipts over Ex-
penditures ford the fiscal
year to date - Combined Fund
Cash in Bank and on hand July 1,
1937-Combined Fund
Cash in Bank and on hand 1'larch 31,
1938-Combined Fund



(126,967.39) 206,399.75



206,399.75

125,00 '1_

331,79` r 6



Abstract of item shown on Statement
of Income and Expenditures as "Excess
of Expenditures over Receipts for
General Ledger accounts $56,719.00"


             Debit                Credit



Accounts Receivable

Sundry accounts



56,271.50

   447.50
56,719.00




 





6.



     3. Requisition Committee Report.

     The Requisition Committee filed written report of its action
each week from March 24, 1938, to April 20, 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. 6542 to No. 7254.    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 following additional budget appropriation noted on the
report was approved and allowed: tree fertilization, $150.00.


     4. Allotments for Fourth Quarter.

     The Business Agent stated that he had received from the State
Departm.ent of Finance, Budget Division, advice of allotments of
appropriations for the fourth quarter of the year 1937-1938.

     Appropriations and quarterly allotments compared:



Name of Fund



Amount of
Appropriation



Amount Allot-
ted Fourth
Quarter



Total All'.t -
to Date



Princeton Substation
Quicksand Substation
Agricultural Extension
Repairs
Division of Colleges
College of Agriculture
Summer School
Experiment Station
Service Laboratories
Nursery Inspection



$l,OO.OO
14,000.00
120,000.00
  8,000.00
65i4,411.32
24,000.00
  8,000.00
  48,000.00
  21,000.00
  2,000.00



8 3,500.00
  1,134.80
  30,000.00

133,000.00
  5,000.00

  10,800.00
  5,514.74
    200.00



$ ld,000.0;
11,984.80
118,500.00
   8,000.00
630,731.32
  24,000.00
  8,000.00
  46,687.4*3
  20,964,74
  2,000.00



Comionwealth of Kentucky
DEPARTMENT OF FINANCE
        Frankfort



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



Anril 12, 1938



My dear Dr. McVey:

     The allotments for the last quarter were made under
my supervision, but, however, I did not see the one mlsde
for the University of Kentucky, or I would have authorized




 





7.



     the full appropriation.    The balances will be allotted.

                                (Signed) Frank D. Peterson,
                                         Director of Accounts
                                           and Control


     5. Accounting Machines.

     President McVey made a statement concerning the proposed pur-
chase or rental of accounting machines.    This statement showed
favorable attitude to installation of International Business LIlachine
of heads of departments of the University in which the machines may
be used to advantage.   The Business Agent reported as follows:


                      ACCOUNTING MACHINES

          Mr. McCain and I have made a study of accounting ma-
     chines for use in the Business Office to the best of our
     ability.   It now appears that the International Business
     machines may be used to the best advantage so far as ac-
     counting is concerned.    The expense of rental of these
     machines and operation is not taken into consideration.

          We have also considered the National Cash Register
     and Burroughs machines.    Each of these will be satis-
     factory for the work in the Business Office that is desired
     to be done by machine accounting.    The cost of either of
     these will be approximately 81600.    These machines are
     supposed to last for a period of ten or more years.

          In event the IBM machines are put in, it will be
     necessary to have someone to superintend the operation of
     the machines.   It is now my opinion that Coleman Smith
     may be able to do this in addition to his duties as Secre-
     tary of Organizations Fund.    The attention to these two
     things will probably take up his entire time so that he
     will not have time for any other work in the Business Of-
     fice.   It is probable also that his salary will have to
     be adjusted so far as amount is concerned.

          A room for the machine will have to be provided.
     It is now my opinion that the room occupied by Mr. Wachs
     is the most suitable for that purpose.     The Business Of-
     fice is now very crowded and it is necessary to have ad-
     ditional room.    It is my opinion that the room now occu-
     pied by Mr. Salyers should be turned over to the Business
     Office.   In event these changes are made and in order to
     make the use of these rooms most convenient, it will be
     necessary to have either a stairway from the Business Of-
     fice to the basement rooms or at least a mail chute. I
     think also that if the IBID machines are put in the room
     occupied by Mr. Wachs it will be necessary to have a
     door cut between the two basement rooms referred to above.




 





B.



          I can not now see that there can be any change made
     in the expense of the Business Office on account of ac-
     counting machines.   The accounting machines will aid very
     much, however, in securing quicker reports and more sta-
     tistical data and in the long run it is probable that
     expense in addition to what we now have may be avoided.


     The matter was continued, the Committee asking for more com-
plete report.


     6. State Warrants Called.

     The Business Agent reported:

          The State Treasurer called for payment on April 15
     certain State Warrants.   Among the warrants called was
     the one to the Student Loan Fund for $4600.00.    This has
     been collected and the amount should probably be put on
     interest account in the bank.

          I am informed that another call has been or will
     be made for May 15.   1tr. McFarland thinks it probable
     that that call will include the warrants in which the
     Peabody Fund is invested.



     Question of reinvestment of the funds thus released from in-vest-
ment was raised, but no action was taken thereon.


     7. Renewal of Note on Gymnasium.

     The Business Agent reported:that at a meeting of the Alumni
Association April 11, the Treasurer of the Association was author-
ized to sign the renewal of the Alumni note for funds formerly bor-
rowed for payment on construction of Gymnasium due the First Na-
tional Bank and Trust Company.   Note was properly renewed after
that date in the same form and with same endorsements as heretofore
made. in the sum of $7, 925.00,     The interest due thereon was
paid from funds set aside to Athletics from student fees.


     8. insurance on Wien's Dormitories.

     The question of the request for cancellation of policies writ-
ten by Klair and Scott Agency, Lexington, Ky., on Kinkead and Breck-
inridge Halls, Men's Dormitories, held by the Security Trust Company,
and the rewriting of these policies by other agencies, that has
been pending since the September 1937 meeting of the Executive Com-
mittee, was brought before the Committee by the following commiiunica-
tions from Governor Chandler to President McVey:




 





9.



                                April 13, 1938

My dear Dr. McVey:

                 There are attached copies of cormmunica-
tions from Mr. A. E. Kirkpatrick of New Haven, Kentucky,
and from Assistant Attorney General A. E. Funk.

                 I wish you would please give this matter
of insurance on Kinkead Hall your attention and communicate
with Mr. Kirkpatrick.

                 With best wishes, I are

                                Faithfully yours,

                                (Signed) Albert B. Chandler
                                             Governor
Dr. Frank L. McVey
University of Kentucky
Lexington, Ky.



               ATTORNEY GENERAL'S OFFICE
                  Frankfort, Kentucky
                     April 5, 1938

Honorable A. B. Chandler, Governor,
of the Commonwealth of Kentucky,
Frankfort, Kentucky.

Dear Governor:

I am enclosing herewith a bill and letter from Dawson &
Kirkpatrick, insurance agents.   The bill is for the
Dremium on insurance policy in the sum of $142,000.00
on Kinkead Hall and contents, at the University of Ken-
tucky.   The policy was written in the Hartford Insurance
Company, being No. 60058.   It is my understanding that
at the time this policy was written by the insurance
agency there was a certain contract with the Security
Trust Company of Lexington in regard to the insurance
on this property and perhaps the Board of Regents had
no right or authority to Insure the property.   Never-
theless, this insurance agency issued their policy and
paid the premium to the comnany, amounting to {117,48.
After this policy was issued, it was found that the Se-
curity Trust Company had procured a policy covering the
same nroperty in another corniany and, of course, under
the contract with the Security Trust Company, the latter
had the right to *procure the insurance on the nrooerty,
Therefore, it will be necessary to cancel the policy
issued to the University by the Dawson & Kirkpatrick
Agency and under the short rate cancellation .rovision




 





10.



    there will be due them $90.46.   Since this policy was
    issued by this agency upon the request of State officials,
    it seems to me that the agency should be reimbursed the
    amount of the earned preraium on the policy, and that
    amount being $90.46 they should be paid that sum. and the
    policy cancelled.

    Hoping that you can arrange to have the Board of Regents
    allow this agency the sum of 890.46 short rate cancella-
    tion and that the nolicy will be cancelled. I am

    Very truly yours

    (Signed) A. E, Funk
    Assistant Attorney General



                                      April 1, 1938

    Hon. A. E. Funk, Asst. Atty. General,
    Frankfort, Kentucky

    Dear Sir:

    Following Senator Dawson's instructions we are enclosing
    the bill of the preralum on Hartford Combined Policy
    #60058 covering 8142,500 on Kinkead Hall and Contents.
    In the event they desire this policy canceled as of April
    5th, the day on which the Board meets, the earned premium
    will be 890.46 as shown on our statement.

    Thanking you and the Governor for the interest you have
    shown in this matter, we remain

                                      Yours very truly,

                                      Dawson and Kirkpatrick,AF?;t.

                            (Signed)  By A. E. Kirknatrick.

     The Business Agent reported that Judge Robert G. Gordon had
called him by telephone, stating that he regretted his inability
to attend this meeting of the Executive Committee.    Judge Gordon
made inquiry as to the orogress of the question of insurance on
the Ments Dormitories, and the Business Agent informed him of the
communications sent to President McVey by Governor Chandler. Judge
Gordon then said that he recommended following the advice of the
Attorney General in settlement of' the claim for nrermium on insur-
ance policy written by Dawsun and Kirkpatrick, New Haven, Ky., and
as well a similar settlement with Coleman's Insurance Agency, Mount
Sterling, Ky.   He asked the Business Agent to irenort this recom-
mendation to the Executive Committee at the meeting of this date,

     Thereupon, upon motion duly carried, it was ordered that the
Business Agent request the State Director of Insurance to have




 





11.



cancelled at short rate as of April 1, 1938, Hartford Combined Pol-
icy #60058 covering 8142,500 on Kinkead Hall and contents, written
by Dawson and Kirkpatrick Agency, New Haven, Ky.   The Business
Agent w-.s further directed to submit to the Department of Finance
a copy of this resolution, and a copy of the original bill covering
the premium on this policy, and ask that payment be made to Daws-'n
and Kirkpatrick Agency, New Haven, Ky., in the sure of 190.46.

     It was further ordered on motion, duly carried, that the Bus-
iness Agient reouest the Commissioner of Insurance to have cancelled
at short rate -a of April 1, 1938, Fidelity-Phoenix Fire Insurasnce
Company policy No. S947 for $45,350.00 and to have cancelled at
short rate as of April 1, 1938, Fireman's Fund Insurance Com-,-any
oolicy No. WFW 238877 for 845,350.00 written on Breckinridge Hall
and contents by Colemants Insurance Agency, Mt. Sterling, Ky,

     The Business Agent was further directed to submit the bills for
the Premiums on these two policies to the State Commissioner of In-
surance and ask him to have the bills corrected so that they will
be rendered on co-insurance basis.   When such bills are received
the Business Agent shall submit them in the usual course to the
State Department of Finance and ask that payment be made to Cole-
man's Insurance Agency, Mt. Sterling, Ky.

     The Business Agent was further directed to have the State Coll..
missioner of Insurance have fire insurance placed on the content-
of Kinkead Hall in the sum of 85000.00 and on the contents of
Breckinridge Hall in the sum of $5000,00.

     The Business Agent is directed to send a copy of this resolu.*
tion to Governor Chandler and a copy to the State Commissioner of
Finance.


     9. Carnegie Grant for Community Music Study.

     President McVey presented the following communication:


                      CARNEGIE CORPORATION
                          of New York
                        522 Fifth Avenue
                            New York

                                            April 20, 1938

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

     Dear President Mcl.ey:

                    I amd glad to be able to tell you that, at
     a meeting of the Executive Committee of the Corporation
     held April 18, the following resolution was adopted:




 






12.



              RESOLVED, That, from the balance avail-
              able for a-oronriation, the sum of ten
              thousand dollars ($10,000) be, and it
              hereby is, anpropriated to the UNIVERSITY
              OF KENTUCKY, toward support of the comruni-
              ty music study, previously aided under
              Resolution X 1637.

                    Our Treasurer is being authorized to rate nayg
     ment of this amount on or about July 15, 1938.

                               (Signed) Robert Ii. Lester
                                        Secretary.


     On motion duly carried, the apnropriation was accepted. Tbo
President was asked to notify the Carnegie Corporation of acceotc- -ie
by the Executive Commixttee and to express appreciation for the -; o-
priation.


     10. Proposed Bond Issue.

     Attention was called to the proposed bond issue for new co
struction and for refunding debt on Men's Dormitories by oresenti
tion of statement previously mailed to each member of the Board 2
Trustees by President McVey.

     Consideration of the question was postponed, awaiting furth'et
information on the proposal.


     11. Constitution for Student Union.

     The President presented copy of constitution for Student Union
proposed by the Student Union Building Committee.   After sug-
gestions of changes were made by members of the Executive Committee,
it was stated that on the whole the Droposed constitution seemed to
meet requirements.   However, it was deemed advisable that further
study be made by members of the Board of Trustees and the President
was asked to have copy of the Dronosed constitution sent to each
member of the Board.


     12. Inspection of Gas Lines,

     EXplosion of gas in one of the manholes back of Student Union
Building that occurred April 27, 1938, was reported. It appears
that accumulation of gas from leak in gas line was ignited by a
spark from motor.   Two men, employed by contractors, were seriously
injured.   On suggestion of Judge Stoll, inspection for leaks in
gas lines on the campus was ordered.




 






13.



     13. Annual June Commencement.

     The annual June Commencement was announced by President McVey
for June 3, 1938. It is proposed to be held at the Stadium at
7:00 o'clock p.m., under arrangements being made by the Commencei-e1.
Committee. He said that the change of time is desired in order to
avoid the unpleasantness of midday heat.    The regular June meeting
of the Board of Trustees was announced for 10:00 a.m., Com;mencemlexY;
day, June 3, 1938.


     14. List of Employees Prepared.

     The President stated that at the request of the State Division
of Personnel the Business Agent had caused to be made an alphabetical
list of regular employees of the University of Kentucky.    The list
shows the name, residence, original residence and the amount of
monthly or weekly salary, according as paid.    Part time employees
and county agents are not listed.    Transmission of a copy of the
list as prepared to the State Division of Personnel was approved.


     15. Petition of Students.

     During the meeting there was presented to the President which
he, in turn, referred to the Executive Committee, a petition signed
by students of the Engineering College asking for changes in the
organization of the College.    The petition was ordered filed,


     16. The Matter of Audit.

     The President presented copy of letter written by him to the
accounting firm of Peat, Marwick, Mitchell and Company, Chicago,
Illinois, in answer to inquiry from that firm, as to action on bids
previously made for making audit of accounts of year 1935-36. The
letter sets forth the situation as to matter of audit.

     At the date of this meeting of the Executive Committee, no
opinion on the question of audit pending before the Attorney Gen-
eral had been received.    For that reason the President had not
asked for bids as ordered at the April meeting of the Board of
Trustees.


     17, Truck Accident - Liability.

     Opinions of Attorney General, and correspondences



a. Letter submitting




 









14.



March
Thirty
1 9 3 8


Honorable Hubert Meredith
Attorney General
Frankfort, Kentucky

Dear General Meredith:

I have been asked by the Executive Committee of the
Board of Trustees of the University of Kentucky to re-
quest an opinion from your office on the liability of
the University on account of automobile accidents,

I state a particular case as follows: A collision oc-
curred between the farm truck of the Kentuoky Agricul-
tural Experiment Station and a truck of the Lexington
Water Company on February 19, 1938.    The Lexington Water
Company claims damages from the Experiment Station for
repairs of its truck in the approximate amount of $120.
The University truck was so badly damaged that it had to
be traded in for a new truck.

In order that the case may be presented from the stand-
point of the University and also from the standpoint of
the Lexington Water Company, I submit herewith copy of a
letter to Dean Cooper from Professor Ely, professor of
dairy husbandry.   Also I submit copy of a letter to Dean
Cooper from the Lexington Water Company.

I will appreciate it very much if you will let me have
your opinion at an early date.

Very truly yours,


(Signed) D. H. Peak
         Business Agent



b. Opinion No. 1 - Assistant Attorney General




 







15.



               Commonwealth of Kentucky
               ATTORNEY GENERIALIS OFFICE
                        Frankfort


                                     April 5, 1938


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

Dear Sir:

          Your letter of Mlarch 30, wherein you request
our opinion as to the liability of the University by
reason of an automobile accident, has been referred to
me for reply.

          The statement of Professor Ely, attached to
your letter, indicates that the liability was on the
part of the Lexington Water Company truck driver. The
letter of Mr. Jacobson of the Lexington Water Company
indicates that the University truck driver admitted
responsibility.   It seems to be altogether a question
of fact.

          If the board of trustees feels that the Uni-
versity driver was operating the truck in a proper man-
ner then their course would be to sustain him and refuse
to pay the damages claimed by the Lexington Water Com-
ioany,  It is a matter of judgment to be exercised by
the board of trustees after hearing both sides of the
case as far as possible.   No one could foresee what a
jury might do if suit were brought.   If the University,
however, can rely upon proof being given substantially
the same as that indicated in Professor Ely's letter,
then my personal opinion is that payment should not be
made to the Lexington Water Cormpany.

                                        Hubert Meredith
                                        Attorney General

                         (Signed) By W. Owen Keller
                                       Asst. Atty. General



c. Supplemental Request




 




16.



                UNIVERSITY OF KENTUCKY


                                  April 11, 1938

Honorable W. Owen Keller
Assistant Attorney General
Frankfort, Kentucky

Dear General Keller:

          I have yours of April 5 in regard to truck
accident on which I requested the opinion of the At-
torney General as to liability of the University. Mem-
bers of the Executive Committee are of the opinion that,
on account of the University being an institution of the
State of Kentucky, there is no liability in cases of
this kind.   It was intended that my request for opinion
cover this point.   Perhaps I did not make this clear
but I will appreciate hearing from you in regard to that
question.

          The University does not wish to avoid such
liability but the members of the Executive Committee
questioned whether or not they would have the power to
authorize settlement should there be no liability against
the University as a State institution.

          Than4 you very much for your prompt answer
to my letter.

                               (Signed) D. H. Peak, Secretary
                                         Board of Trustees


d. Opinion No. 2 - Assistant Attorney General


               Commonwealth of Kentucky
               ATTORNEY GENERAL' S OFFICE
                        Frankfort

                                    April 12, 1938

Mr. D. H. Peak
Secretary
Board of Trustees
University of Kentucky
Lexington, Kentucky

Dear Mr. Peak:

          This to to acknowledge receipt of your letter
of April 11, relative to the liability of the University
for