xt74tm71vt55 https://exploreuk.uky.edu/dips/xt74tm71vt55/data/mets.xml Lexington, Kentucky University of Kentucky 18740311 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, 1874-03-jun11. text Minutes of the University of Kentucky Board of Trustees, 1874-03-jun11. 1874 2011 true xt74tm71vt55 section xt74tm71vt55 


Kentucky University, Lexington, Ky.* June 11, 1874

Session of
June 11,

Degrees of

from W. B.

Contract witth
Law Library

4W 4-i



Res. of R. E.

     Board met at 9 otclock - 'all called the following Curators
were present- Chm. Bishop, Allen, Gratz, Steele, Goodloe, Elley,
Woolfolk, A. H. Bowman, Jos. Smith, Givens, W. L. Williams, Hern-
don, White, -licketts- Groom, Z. F. Smith, Tgrbitt, Sloan, Withers,
Campbell, Shirley, Wing, Miller, Rogers, Kinnaird, Crutcher, Geo.
White, Gano., Shackelford.
     W. L. illiams opened session by Prayer- Minutes of Previous
meeting read and approved.
     A communication was read from H. Linville asking the Honorary
degree of LL.D. be conferred on Prof. Rowland of Salem Oregan-
     Moved by Curator Dr. Smith that ,the Secy, be instructed to
advise Prof. Rowland that the By-laws of this institution forbid
the conferring of Honorary degrees- adopted.
     A communication was read from W. B. Smith Moved and adopted
that the secy be instructed to inform Mr. Smith that we do not
wish his services.
7    The secy. made a contract with the Library Association in
relation to the Law Library which on motion was ratified-
     The following resolution was offered by Z. F. Smith.
     Res. That the Ex. Committee be instructed to order the sale
of locust trees from the Ashland & Woodlands estates in such
quantities as can be spared and on best terms they may be able to
make. The following Resolutions was presented by Curator Sloan
which on motion was for the present laid on the table. /307/
     Whereas there seems to exist a general misunderstanding in
relation to the status, action and purposes of the Board of Curea
tors of Kentucky University toward the Churches of Christ in
Kentucky therefore
     Resolved that in order to correct a mistaken public sentiment
to dispel popular prejudice as also for the purpose of general
information we declare
1. We accept and hold the charter to be the only authoritative de-
claration which can define the rights of ownership and control the
powers and fiduciary obligations of the Board and their relations
to all the beneficiaries of the Institution.
2. Under the Charter the Christian Churches of Kentucky do in a
certain sense real and important have the control of the Universiby
through a Board constituted according to law of which at least two
thirds must be members of those churches and do thus have an owner-
ship of the University which under the limitations of the Charter
we recognize - The legal title to the property and duty of the care
and management of the University are vested in the Board and we
cannot in good conscience resign the one or refuse to exercise the
other, but we desire to hold this title and manage the institution
so that the trusts imposed upon us may be fiathfully executed.



              Kentucky University, Lexington, Ky., June 11, 1874

         3. It is difficult perhaps impossible to draw the lines between
         these different rights sufficient clearup to avoid all ambiguity-
         That much misapprehsnsion in the public mind has arisen from this
         cause is doubtless             especially from the consideration
         that distinctions between ownership in an official and. popular
         sense have been not only not well understood but often  expressed_-
         in language not difficulty discriminating especially in the pe-
         culiar phrases and status of the public mind.
         4. Of this however we can and do assure the Churches of Christ
/308/    in Kentucky that their interests and rights are sacred under the
         Charter and shall be by us ever sacredly preserved in rigid com-
         pliance with its provisions and strict accordance with its spirit.
         5. That we recognize the fact that we hold in trust large and im-
         portant interests besides those donated directly to Ky. University
         originally given and consecrated to the purposes of popular and
         general education, which we have accepted as auxilliary to the
         beneficial means and ends of this Institution an; that these in-
         terests are held under certain cualifications and conditions,
         and we pledge that we will faithfully carry all obligations assumed
         in their behalf according to the terms of contract for the same,
         the Charter of the University and the original purposes for which
         these interests were created -
         6. All allegations that the Board are not in sympathy with the
         Christian Church or that they intend to pervert its funds from
         their legitimate ends are untrue.'
              We disclaim any purpose to sectarianize the Institution our-
         selves and stand pledged to resist all effort on the part of others
         to subsidize or pervert the Institution or even the smallest of its
         sacred trustesto any use foreign to the end of their original purpose
              Laid on the table to be called up in afternoon. / 309/
              Curator Withers as Chm. of Committee on College of Law reported
         as follows-
              The Committee to which was refered so much of the Regents re-
         port that refers to the College of Law begs leave to respectfully
              That the resignation of the Presiding Officer Hon. Madison C.
         Johnson and of Professor J. C. Harrison renders a reorganization Of
         the College indispensible - Se regard it of the highest importance
         that this College should be fostered and placed on an enduring basis-
         To this end we recommend that two professors be appointed as soon
         as possible so that their names may be announced in time to secure
         a full attendance of students to next session-
              Your Committee hold themselves ready to co-operate actively
         with the Board and Extive Committee to accomplish the end proposed-
         all of which is respectfully submitted.
                                                 Wmi. T. Withers) Comtee.
                                                 R. J. Whi te  )



Kentucky University, Lexington, Ky., June 11, 1874

Committee on


Memb rs

Proctor nomi-
nated & elec-
ted Prof. in
Bible Col.

Election of
Pres. & Secy
of the Board

Election of
EZec. Con.

Election of
Tree surer

R. A. Buck-/311/
ner &W.C.P.
elected Profs.
in Law Col.

Thanks to
Curator Jos.

offered by
Curator Sloan
taken up

Curator White
of fers a

     Committee on Commercial College made report ana it was
adopted and ordered filed.
     Moved by Curator Gano that the Board accept the invitation
of the faculties to adjourn and attend the Commencement exercises-
     Moved and adopted that members of the Board who have child-
ren interested in the exercises be excused.

     The Nomination Committee made the following nominations-
     For Professor in Bible College- Alexander Proctor
     Rules suspended in all the nominations and Mr. Proctor
elected unanimously by a standing vote.
     Curator Goodloe made report on Commercial College which was
adopted and filed.
     R. M. Bishop was unanimously elected chairman for the ensu-
ing year.
     Jas. Woolfolk was unanimously elected secretary for the ensue-
ing year.
     Board met minutes read & approved.
     B. Gratz. Dr. Smith- R.C. Rickettsa J. S. Woolfolk nominated
and elected as the Extive Committee for the enfuing year-----
2 voting contra
     D. S. Goodloe was nominated and elected to the office of
Treasurer of Ky. University for the enduing year.

     Judge R. A. Buckner & W. C. P. Breckinridge were unanimously
elected to fill the vacant chairs in the Law College.

     For members of the Board - WY. R. Estill, J. Z. Price, James
A. G. Lee, Dr. N. B. Wells- unanimaously elected.

     The following resolution was offered by Curator Sloan and
             That inas much as Curator Wasson did of his own
choice declined a nomination or renomination, we do hereby in
view of his voluntary retirement from that Committee tender our
hearty thanks for his long and faithful services in said Committee.
     Resolution offered by Curator Sloan during the morning
session and laid on the table were called up by Curator Groom-
     The following was offered by Curator White as a substitute
for said resolution.
     Whereas the Charter of Kentucky University provides copy
Preamble 8, Sec. 1 Charter Whereas an Institution of learning
known and called by the name of Bacon College was founded by cer-
tain memb.rs of the body of the 'Disciples of Christ" denominated
Christians, and was chartered by the legislature of Kentucky in
the year 1836 and where as said Institution after a series of un-
successful efforts for its permanent endowment and establishment



Kentucky University, Lexington, Ky., June 11, 1374

                    suspended its regular collegiate operation and whereas, in view
                    of the educational wants of the said body of Christians in Ken-
                    tucky, and of their wishes for the permanent success /312/ of
                    said institution known and expressed at various times - a plan
                    for its full eadowment and reorganization has been presented
                    and prosecuted by John B. Bowman of Mercer County Ky.. which has
                    resulted thus far in the raising of $150,000 of endowment fund-
                    and whereas it is desired to establish a first class University
                    upon a more modern, American and Christian basis; and to carry
                    out such design it is necessary to amend. and extend the provisions
                    of the Gharter of said Institution.
                         Therefore be it resolved - We most solemnly avow- that it is
                    the fixed determination of the Board of Curators to conduct &
                    manage the University in strict accordance with the Charter es-
                    pecially with the clauses- in letter & spirit especially regarding
Curator             the wishes of the Christian Church in Kentucky. Curator Withers
Withers offers      offered the following resolution as an amendment to Curator White
an amendment       $es. 1st that we hereby affirm that we hold the legal title to
to Curator         Ky. University, its funds and property except the A. & M. College
White's Sub-       as Trustees for the Christian Churches of Ky. subject to the trusts
stitute. This      conditions and limitations of the act consolidating Ky University
was lost.          & Transylvania University and the act establishing the A. & M.
                    College of Ky. and will conduct and control Ky. University in the
                    interests of the Christian Church so far as the seame can be done
                    under limitations imposed on us by 1w- which was lost.
            /313/        A vote was then taken on Curator White's substitute - The
                    ayes and nays being called for resulted as follows
Curator             Ayes Allen- Steele- Elley- Givens- W. L. Williams- RP. J. WMhite-
White's Sub-        Ricketts- Withers_ Gano 10.
stitute            Nays- Bishop- Gratz - Woolfolk- A. H. Bowman- Dr. Smith, Herndon-
rejected            Groom- Z. F. Smith. Tarbitt- Sloan- Campbell_ Shirley- Wing-
                    Kinnaird- Crutcher- Geo White. 17
Curator Sloan's          Vote was then taken on Curator Sloans Pre. & Resolution which
Preamble &          upon the call of ayes & nays were adopted by the following votes-
resolution         Ayes- Bishop-Gratz. Woolfolk- A. H. Bowman. Z. F. Smith- TRarbitt-
carried             Sloan- Campbell- Shirley- Wing- Kinnaird- Crutcher- Geo. White-17
                    Nays- Allen. Steele. Elley.- Givens- R. J. White- Withers- Killer.
                    Rogers_ Gano 9.
                         Moved by Curator Sloan that the report of the Executive
                    Committee be approved which was adopted-
                    Excused from voting.
                         Curator Ricketts-Givens.  & Groom- Kinnaird & thing - Excused
                    because not present when the report was read.
                         The following resolution was offered by Curator Withers.



Kentucky University, Lexington, Ky., June 11, 1874

made by Cura-
tor Withers

of debts


Sale of
Bank Stock

Payment to
General Fund
from Endow-
ment Fund.

     Resolved- that an agreed case be made in which will be pre-
 sented the question whether the appropriations made by the Exec-
 utive Committee to defray expenses of Curators & others at
 Frankfort in opposing the amendment of the Charter and also whe-
 ther the Executive Committee have authority to pay the fee or
 fees of any Atty. incured. for the same purposes. /314/
     The case to be made uo by the Extive. Committee on the one
side and any Curators on the other who may oppose the appropria-
tion.- The agreed case shall be submitted to the justices of the
Court of Appeals for its decision and until the decision is renm
dered the Extive. Comtee. is hereby requested to make no order
for the payment of such fee or any other of said ecpenses-
Unanimously adopted-

     Curator Givens offered the following - Resolved in view of
the necessities of Ky. University the Executive Committee be in-
structed to use all proper means to collect all doubtful notes
due it, especially those on which the interest has not been paid
regularly - adopted.

     Moved by Z. F. Smith that the Board confer full power on the
Executive Committee to meet the financial emergency which has
come upon the University and shall discharge all liabilities in-
curred and to be incurred by realizing upon all the available
means of the Institution and curtailing expenditures as far as
practicable subject to the limitations of the Charter.
Adopt ed
     Moved and carried that the Treasurer in connection with the
Extive, Comtee. after careful consultation with financiers, be
authorized to sell, if thought best the Commercial Bank Stock now
owned by Ky. University, and invest the same in good and profi-
table stocks or other securities.
     Moved by Curator Withers that the Extive Committee be au- /315/
thorized to pay back to the general fund by a sale or hyp6theca-
tion of such part of Endowment fund as will in amount be equal
to the sum refunded out of the income or general fund to the
Donors to the Endowment fund in Mercer County in comnliance with
the act of the legislature - adopted.
     On motion the Board adjourned sine die
     Jas. S. Woolfolk 8ecr.
                      R.L M. Bishop
                                  Presi dent