xt795x25bc9h https://exploreuk.uky.edu/dips/xt795x25bc9h/data/mets.xml Lexington, Kentucky University of Kentucky 18730413 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, 1873-04-jun13. text Minutes of the University of Kentucky Board of Trustees, 1873-04-jun13. 1873 2011 true xt795x25bc9h section xt795x25bc9h
'260
Keatucky UJniversity, Lexington, Ky., June 13, 1873
Secsio1:. 01o
7 . 71
u'une '2, i7
Dr. J. G.
Chinn re-
auest
S,,me referred.
to :1EXtiv9-
Cor m . i tIr
instructions.
Some
I ec ty j 5 r
Final despo-
si tion of same
Trea surers
exnose of the
finances
-ction o f the
-card thert on
Penort of
Commi t tee
on grivances.
Pursuant to aljourrment the Bo-ard met at ten o'clock insteai
of 9 o'clock and on motion of Cur-.tor Jos. Smith, Curtor E.
Campbell was called to the Ch,4ir-
Session of the BoEri 1-.a,--. orened by Prayer by Curator Ric-
ketts.
The roll being called the folloiring Curators were found
present, J. B. Bowmen, J. G. Allen, Benj. Grptz, Joseph WVasson,
D. S. Goodloe, G. W. 311ey, Joseph S. Woolfolk, A. !T. Bowman,
Joseph Smith, G. W. Givens, A. X. Herndon, R. J. Thite, R. C.
Ricketts John Shackelford, Z . F. Smith, J. P. Thrbitt, Enos
Campbell, John A 7j. Williams, S. M4. Wing, Horace Miller, Henry
Bell, William E. Rogers, James Z. Kinnaird, James Crutcher, 'eo.
G. White, R. ,4. Gano, A. 141. Barneo-
There was a communication received from, Dr. J. K Chinn
asking to be released from his subscription of $500 to Ky.
University upon motion of Curator 'Thite amended by Curtor Jno.
Auf,. Williams. The matter wvs refered to thle Extive Committee
with instructions to say to Dr. Chinn that the Boara wi5ll not
at any time press him for collection of his note Curator Goodloe
afterwards moved a. consideration which was ad'opted,
Cur- tor Goodlle then moved that the Rc-ent be instructed to
deliver the note up to Cr. Chinn also to avoid establishing a,
precedent that may prove injurious to tthe University this Board
ordered that the papers & correspondence be filed - In answer
to Resolution /261/ of this Board the Treasurer made an expose
of the receits and ex-enses of the University for the year
185?9.60 & 61. Curator Wi1n; ms moved that these be filed with the
papers nf the Institution. Adon ted. Curator TP-hitt moved that
this Board is z-_tisfied with the expose of the finances m-2e by
the Treasurer for the years mentioned. adoptoa.
The Committ-e on grevances composed of B. 111. Bishop Chairman
P. R. Sloan, J. G. Allen, ;Anarew Steele & . B. Grnom made an
uXiarLimou rs e'ncort.
Curator Sloan read the rerort in his clear -:n3 imprc-ive
style copy of which read as follows-
Your Committee to whom, uncder a resoluticn passed Juine 14,
1872, were refered the comulaints and orivance' of &ll p-artles
with instructicns to re'ort to the 2oard for final action beg
leave to malke the fO-'ovinl r
?61
Kentuck-r Un11iverSi ty Lexingte -i, Ky., Junp 13, 1?73
The Comrittee organized June 14th 1872 by the appointment
of R. 1Mf. Bishop Chairman and R. R. Sloan clerk- The following
were agreed upon as rules to govern the investigation
1. Each complaintant to furnish as his specific charges with
3 brief statement of the facts on which he w-ill rely to make
out his case.
2. The accused, in turn, to furnish a statement of the grounaF-
of his defense.
3. The evidence pro & con to be ta-kcn ir presence of both par-
ties or their proxies unless said right be waived in writing
/262/ affidavits waired unless insisted on by t'Ie parties.
4. #hel the evidence is fully before us the complaintants may
offer his- arLument the !orploinants his final replication in
vlhich no new matter shall be introduced.
5. Everything, argument, evidence all to be furnished in writin-
and every document must come ir duplicate form first copy for the
Committee- the second for the other Darty.
6. Notice of time pnd place of taking t_--.,imony to be duly
given and (to expedite the investigation) the duplicate may be
sent direct -o the other narty or through the Committee at ontiocn.
Thbe Clerk w-as instructed to send conies of the above to t:ere
severa.l parties complaining or complained of which he did June
18, 172 witb demand that they forward all communications "earlv
as possible."
Cur Committee being a new Committee with no Sehing before them
addressed letters to the following - the only pal ties surp1eosed
by the Committee to have greivances to lay before us sending
copies of the foregoing rules and requesting the early pursurta-
tios of their casc if any they had Viz Elley, Bowman, Wilkes,
,7ithers & M'c~arvey. We wrote these parties not as e, matter of
debt but of grace, for it was known to th-em and to all that by
vertue of the resolution appointin6 as we were a kind of omnibus
greivance Committee before whom all might bring their complaints.
After a. time we received from Curator Elley certain charges
against Professor Peter and the memorials of Professor and /263/
Cnurato' Vilkes - the same as had been before the former(ec the
Peace Committee) and which when they were discharged had been by
them returned to the Board. The accused inrP those documents were
promptly notified. Duplicates of the same as also copies of the
rules of the Committee being sent them.
263
Kentu^'Iv University, Li;ington,Ky., Jun3 13, 1873
Time passed on, the documents came slowly in delays some
of them unavoidable, were disappointing our desires ar.d efforts
to bring these troubles to a speedy end.
A majority of our Committee met in Louisville in October
and their ir-structi ens the Clerk wrote the Parties then behind
that unless their documents were in within a given time December
30th unless extended for good reasons at discretion of the
Chairmen, we should consider them delinquent 2nd therefore derelict
in duty, we said to them in your names the Report muot be made-
We present your herewith the result-
1. The documents in the Elley Versus Peter case consists of 8
full columns of newspaper matter 18 pages foolscap-well filled
and 33 full pages of Commercial note, closely written with sundry
letters a.ndL et certeras not counted. These your Committee have
re~ad in toto asni carefully covered the whole matter- We present
you a.- the mrnaturesb judgement he can from. the following conclusions
in which the Committee are unanimous.
1. Much of the matter submitted in the documents is merely person-
al and. therefore we were forbidden to consider it by the terms of
the resolution under which we were a- `cintel.
2. Much else is matter of controversy, between the parties in-
volving questions of logic and argument not w-ithin our province
to decide.
3. 'hile we would not deny to Professor Peter the right to appear
/264/ in Public print, we do think that the articles then written were,
under the circumstances in coummn with other publications of the
time ill timed, unjudicious and in their effort detrimental to the
interests of the Institution.
2
In the case of McOarvey versus Bowman the documents (170 pages
of legal cap) being read and carefully considered, we reach the
following conclusion.
1. The case as submitted stands thus: Professor Mc~arvey in a
memorial before us deted June 11th 1872 complains that Regent Bowmran
has charged him a s being both a conspirator and a liar and ask the
Board "to require the Regent either to prove or retract said charges."
The allegations of this memorial are based upon thru several
newspaper articles published by Regent Bowman w~hich accompahy and
are maae part of said memorial.
2. Regent Bowman admits the publication of said three articles, not
as renewing charges which he had, with view to reconciliation, wiith
drawn, but in self justification, and response to certain oublice_
tions of certain Editors of the Apostolic Times of whom Prof. Kc-
C-arvrey, the complainant in this case, is one.
264
Kentucky University, Lexington, Ky., June 13, 1873
3. Of the very voluminous testimony advised in this case (1)
much is irrelevant (2) much is negative in character (3) in much
else there is want of definitiness in this; the proof is directed
against the Eaitors of the Apostolic Times jointly s that a
charge even if clearly presenter against the Editorial corps as
such would fail to fix quilt on J. tI. Mc~arvey an individual mem-
ber of that corps unless he is proven to have personally enlorsed
the tting complained of or we hold each respornsible for the acts
of all which, in a criminal case we could not do. f265/
4. From all the evidence before us pertinent to the case we arc
forced to the conclusion that, at the time those three publica-
tions vrere male and -w-ith the evidence there in the possession of
the Regent he had reason to believe that there was a strong oppo-
sition to him as Regent on the part of said Editors (which we do
not doubt he considered a. conspiracy) so that he felt compelled
to publish said. articles as rebuttirng the denial on their part of
s-id conspiracy.
5. We do not rind from the evidence addressed that Prof. Mc -
aarvey is guilty of conspiracy agairzt the Regent: moreover wre also
exonerate him under the alleged charge of f~tlsehood; e. charge not
made by the Regent directly nor by implication unless from i x-
przsUions which, even if ligically drrawn, should be accepted by
the Resent as his own ere they are made the subject of criminal
charges againct him.
6. Any allusion to tho Apostolic Times in the above rerort aLre
introduced only because and. in so far as they are connected with
Prof. McGarveys' case now before us, and we utterly disclairn any
Judgement or opinion in the conduct of said Editorial corps, as
not before us in any sense in this investigation.
7. Your Committee feel it a duty to say in reference to certairn
testimony addressed in this case as touching the private character
of the Red .nt, that it is ba.ed upon minor alone utterly unsuI b _
stantiated by any' evidence V-.e 8 ever and consequently not only
Irrelevant but should not have been introduce!.
In the case of 'ffilkes versus Bowman the documents before uc
150 pages legal cap all /266/ have been carefully read and consid-
ered.
The case stands thus
1. Curator Wilkes in a, memorial dated June 12, 19'72 compl25rn-
thet Regent Bowman has by the publication made Dec. 30th, 1871 of
a statement written October 7th /71, reiterated charges already
withdrawn (2) that under date of April 6th/72 he expresses his be-
lief that he would be able to sbo-ov that it mattered very little
266
KentuickTy University, Ledin ,ton, Ky., June 13, l;?73
what he 'W11ilkes w-,ould affirm or ieny on any subject: and asks
that the Boar' demand of the Re. ent to nrov- the charx:es ana
sustain them ztatement before mentioned or uncquzlifiedly an7i`
plElicly retrac them.
2. Regent Bowman denies that he hEd viol-ted good faAAth by the
publication of said statement 3ate2 oto- Z t n I (?) ptoses o
to prove that Curator Wilhes had much to his iniurv, Cre:.-ted tMe
impres.sion that he the Resent had takeon thc dced to Ashlan. in.
lil os, name and was hol7ding tLe dced to Woodlands in hi- own
name even after the latter had them deeded to the University.
3. Yorr Comm:ittee after a careful review of the testi-nony aied
pleaw nrrs in the case are agreed (1) That tbe publication
Decenber 1'D4:h 1'71 has no evidence of intention on the part of
J. B. Bowman to renew charges made and withdrewn by him November
1871 especie.lly since that publicat-ion was a republication -nade
as reply to anotber.
4. The Committee tihinkr that the statement in the Ga-zette that
"it mattered very little hat he Wilkes may affirm or deny on
any subject" was not justifiable on the part of Mr. Bowman.
5, That Curator Willes, much to the injury e. Reg3ent Bowman
did repeatedly and to different persons `ive -rronecus impres-
sions in reference to the title to the Realty as being h-.el 1 in
is oown name instead of the name of the Univers7ity, that too,
subsequently to the time said little had been recorded, is sul-
tained by the testimony and in so far as statement creating said
impressions were made by him when opportunity to know better was
within his reac'h he is at faul.t-
The Board of Curators have now- before them our report or tLle
complaints submitted to us, three in all and as to all .hich your
Committee res' ectfully recom mend tht. the Report entire be spread,
on the minutes, and that the s eeretary be instructed to furnish
the pa~rties respectively a copy of zaid Report so far as it O3wy
respect their individually c-Ses also that the testimrony and
p__alaings -hich we present you entire be filed amohg the arch'ivs
of the Institution.
Your Committee have faithfully, Latiguingly buri patiently
inacted through over 450 pages foolscap closely a'i itten in the
investi ation of this case; we ha-;J 6iven the f, le t opportunity
even to the last hour for aught that cn-l.i be presented to us of
testimony or of argument, without favoritism to none -' only in
the fear of God we 1have done as we believe the amplest justice
to all others might do better but it is the best we can ever offer
and in it we are a unit therefore re respectfully but firmnly ask
that your cOmmitte' be now fim-1iy dischalrged In conclusion nas-
sing from the parties whose nPmes are before us in this report s we
have a word of counsel to all to them as well as others and to
others as well as us three.
268
Report ado, tedd
& Comr. dischaged
Regent Bowman
acquieses &
tenders his
resignation
as Regent &
Treasurer
The Board
declines to
accept the
same.
Board
reconvened.
Publi cation
ordered
Kentucky 'Univer7ivty, Lexixigton, Ey., Jurne 13, 1873
Thlere 'a.- been want rf' harmony in t+he Board much thet is
unpleasvnt in our Setin3S: Can we not bury t'- i nnvleasant
memories of the Dast 'n the ,Ad.ges an. hop of .. better and.
bri;hbter futulre? If any ca-se all is well; if we cannot _c-n
we not then as a lassk r-sort and remedy sep.. te in peaci;: "'Te
.21 i ac orn.nlish mo e dwelling apipart in peace than together in
strife.
Who wouli not prefer Abrahtu-n - lilke even the less fetile
fields of usefulrcss than to iwell in Solom strife & die In
bo :^s rruins - Is there anvone vho cannotw .ork iI. peace and
h;armony with his fellows in the Board., Resigrnation wotll. do
honor to the head and. he. rt of s-ch: a man.
He owes it to his. -eace and usefulness - to the pence arfi
usef-al-ness of others and to the seccess of the w,,ork in which we
are enrgaged -
Let any member leave, the Institution w^.ill live in the hands
of those who remainr if harmonioas in their cooperation; but it
will Lie even amidst the strength of members if weak cn.d throach
Uiscord and strife -
A greater than we ha~s seid a "house iJv Uzd. ag~ainst itself
must fall" Irl imitation of his wisdom and the poss3ssionl of his
spirit shall we be one in this Holy Course
Ju-ne 13th, 1873
R. M. Bi shop
John G. Allen
And. Steele
Ben B. Groom
R. R. Sloan
On motion of Curator Ricketts
It was resolved that the report be adopted. nd the Conmittee
discharged. - Unanimously carried .
Rege.ntt 3o-.an *--.mediately arose and expressed his acquies-
cence in the report so far as he was rrrsonaLlly conc rned. He
approved cordially the recommendation of the Ciymmittee looking
to peace and. harmony in the Institution wrhich could perhaps be
effected only by the resignation of such as could not cooperate
together n.nd he elpressed his readinese to make anr- sacrifice
for the welfare and success of -he Institution.
In oerder to remove all obstacles in the vray so far ,. he
was personally concerned he tenlered in the same spirit his re-
signation as Regent and Treasurer which however the Board. refused
to accs:ept anrd they unanimously requested him to -;;ithdranw +he same.
0n motion the Bozarl adjourned but were almost immediately
reconvened by the chairmen the following Curators beinrg present.Viz
Curators Elley, Goodloe, Barnes, Groom, Givens, Wling, Sloan, Steele,
Rogers, Mil ller, Gano, Ricketts, T'o-rthington, Smith, Herndon, ',7asson
3ell, Gratz, Kinnaird, Woolfolk.
On motion of Curator Williams it was resolved tha|t the Execu-
tive Cofnittee be ordered to publish the last ten (10) pag-es of the
Report as read by Curator Sloan. The board tnen dispersed-
R. M4. Bishop
Pre si 1.nt