xt7d7w67442k https://exploreuk.uky.edu/dips/xt7d7w67442k/data/mets.xml Lexington, Kentucky University of Kentucky 19171419 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, 1917-14-sep19-ec. text Minutes of the University of Kentucky Board of Trustees, 1917-14-sep19-ec. 1917 2011 true xt7d7w67442k section xt7d7w67442k 

                          BOaRD OF TRJSTEES OF THE
                              UNI'VERSITY OF KENTUCKY.
                                 SEPTEM6FR 1917      -

       The Executive Committee of the University of Kentucky met

 in the President's room at noon on the above named date with the

 If'll')winm nembers present: Chairman Nichols, Messrs. Stoll, McKee,

 .rxozn, Johnston and Doctor Marks.

       President Frank LeVey, Acting President, P. P. Boyd and

 Pica Presidsnt, H. S. Barker were also present.

       After roll call, Mr. Frank Justice of the firm of    F. T.

 Justice & Cnmpany, this city, appeared before the Board; and asked

 privilege to make a statement concerning an account held by his

 company against the University for construotion 9f a sidewalk along

 the !huiversity property on the South side of Winslow Street.

       A.r. Justice said that his---iirm held an account against the

 University for *01098.06 for sidewalk construction on Winsl.w Street;

 that he had presented the accnunt for payment, but that payment

 hilC been refused. He said he had taken the matter up with the city

 of 'exington, and through its accredited officials, had been told

.that the University was responsible for payment of the account. He

skid he desired to present the matter to the Board for final action.

-e exnlaincd that he did not wish to take legal stops to enforce

collection, and that he hoped the Board would not subject him tm

the necessity of so doing,

       Former President H. S. Barker, who was acquainted with the

 conditions affecting the Winslow Street improvements, replied t.t

 ivr. Justice, that while the account Qf his company was unquestion-

 ably correct, and that it had done the work in good faith, tho

 city of Lexingtnn,and not the University, was responsible for pay-

 ment; that under agreement with the city, the University had deeded

 to the city a certain amount of land on the South side of Winslow

 Street in order to widen the street with the understanding that

 iri.provements thereon should be made by the city, and that no ques-

 tion had been raised as to what was the extent of these improve-

 Wents, ite., whether it was merely a reconstruction of the road-

 ;'day with asphalt, or roadway reconstruction with sidewalk con-

 struction in addition, and that whatever step was taken toward re*

 construction had been taken by the city and not be the University.


All* 5toll in fuasher 41sieussing 'the matter said:

           The University executed a deed to the City 'f Lexington
      of certain property for the purpose of widening Winslow Street.
      ily recollection is that the City agreed, in consideration of
      this conveyance, to reconstruct the street. I am not clear
      as to whether anything was provided in the agreement with
      reference to the sidewalk, but in my opinion this makes lit-
      tle difference,.  The University of Kentucky is public pro-
      perty used for public purposes. Under the Street assessment
      Law, the contractor has no personal right against the owner
      of the property for the cost of assessment, but has a lien
      upon the abutting property. While the Court of appeals fre-
      quently differs with me, yet I am clearly of the opinion
      that the property of the University can not be subjected to
      payment of the special assessment for the sidewalk.

           Some years ago we had occasion to look thoroughly in-
      to the matter, and out opinion was asked as to whether the
      property of the Eastern Kentucky Asylum for the Insane could
      be held liable for the reconstruction of West Fourth Street,
      which runs in front of the asylum property. After a thorough
      5 investigation of the matter we reached the conclusion that
      the property of the asylum could not be made liable for the
      cost of the assessment, and we so advised the contractor.
      My recollection is that this matter was afterwards submitted
      by the Board of Control for charitable institutions to the
      Attorney General for his opinion, and the Attorney General
      agreed with us and ruled that the property of the asylum
      could not be made subject or liable for this tax.

          I can see no difference in principle between our case
     and the case of the asylum. The asylum is public property
     used for public purposes. The University is public pro-
     perty used for public purposes; ahd whiker as I said be-
     fore, the Courts frequently differ with me, yet I am clear-
     ly of the opinion that irrespective of whether the deed to
     the City, expressly or at all, refers to the sidewalk, under
     the law the property of the University is not liable for the
     payment of this Street Improvement Tax, It therefore occurs
     to me, Mr. Justice, that you have no recourse against the
     University. Whether you have a right to collect from the
     City of Lexington, I do not desire to express an opinion.
     As you know, the sidewalk was built solely upon the motion
     of the City of Lexington, and the University had nothing at
     all to do with its construction.  It may be that the Court
     will differ with me in the interpretation of the Saws
     Whether this be true, or not, I am of the opinion that the
     University is not liable for the payment of-this tax-

          I regret exceedingly that I have to take this position,
     but I believe that I am correct.

     Mr. Justice then withdrew.

     On motion of Mr. Stoll, seconded by Mr. Johnston, President

icVey was authorized to have issued a check for $4200, made pay-

able to H. E. Curtis, Treasurer of the Athletic Association, to

take up certain notes covering debts of the Athletic Association

and that Mr. Curtis be instructed to supply the business Office

with a statement of the transactions, showing that the money was

paid out of athletic fees.  On call of the roll, the motion was

adopted by unanimous vote.

     President McVey gave it as his opinion that the books of

the Athletic Association should bb kept in the Business Agent's

office, and that payments out of its funds sh'ould be made by the

Blusiness Agent.


                            - 3-

     On recommendation of President MeVey, Or. Stall moved that

there be charged to the Extension Division, in payment for

quarters, heat, light and janitor's service, the sum of l1200 a

year.  Seconded by Mr. McKee, the resolution was adopted- on call

of the roll, by unanimqus vote.

     President AeVey submitted the following memoranda onwn-hi-ch.

the Executive Committee's action is indicated at the end of each

paragraph. by parenthetical enclosures:

                                    September 19, 1917.


                        AGRICULTURAL COLLEGE


          The following recommendations are made to meet situa-
     tigns apparently not covered by present arrangements.

                             Agricultural College.

          1., Doctor Mabel L. Roe- to fill vacancy caused by
     leave of absence of Professor A. H. Gilbert, at a salary
     of l120, with rank of assistant professor. (Concurred in
     by Board).

          2,  S. L. Hibbord- to fill place of A, N. Gordon on
     leave of absence, at a salary of $1000.
              (Concurred in by Board)

          3.  That Miss Buckman's salary be made same as last
     year, namely, $1290. The budget calls for only $1-090,
     since idiss Buckman received :;200 from the Extension Division.
     This year the entire amount falls on the department.
               (Concurred in by Board.)


           1.  That Miss WiMary E. Sweeney be granted leave of ab-
     sence for two months from September 22, Miss Buckman to
     act as head of the Department.
               (Left totriresident ivAcVey with power to act.)

           2.  That Irofessor C. W. Mathews act as Head of the
      Department of Botany until Professor: Gilbert's return.
               (Concurred in by Board.)

           3. That Mr. J. H. Martin be given title of Instructor
      in Poultry Husbandry, (Concurred in by Board.)

           4, That Professor James 0. LaBach be continued as
      Acting Head of Department of Food and Drugs and that resig-
      nation of Professor R. mi. Allen be referred to the Presi-
      dent for recommendation.
               (Concurred in by Board).


           The f'llowing apportionment of funds is recommended:-

                      GENERAL EXPENSE BUDGET
                            Teaching Division
                       COLLEGE OF AGRICULTURE.

      Administration          $30Q
      Markets                   75
      Agronomy                 400
      Animal Husbandry (1)     430
      Animal Nusbaiidry (2)    270
      Bacteriology             375
                                  1. 1850 -carried forward



Brought Forward          s1850

Botany                     600
Diseases of Live Stock     100
Entomology & zoology       400
Farm Management            120
Home Economica            1280
Horticulture               400
Rural Kentuckian           250.

            Total        45000

     (President McVey explained in this connection that
this was merely a distribution of funds already provided
for in aggregate by budget.).

                    Res earch Department.

     Dean Roberts requests that the "Research Department"
of the Experiment Station be discontinued.    It is suggested
that this be referred to the President for recommendation.
     (Concurred in by Board..)

             Fi ncialReports of Hatch and Adams

                  Funds in Experiment Station.

     Dean Roberts has submitted. th.e financial reports of
the Hatch and Adams funds in the Experiment Station.    I
recommend that the Business Agent be instructed to audit
these and report at the next meeting of the Committee.
     (The Chair authorized to appoint a committee to
     audit Hatch and Adams reports, appointed Messrs.
     Johnston and McKee, and instructed its Secretary
     to tu.rn the reports over to the Business Agent,
     which was done.)

     Adiustments in Department of Animal Husbandry.

     Professor Goodrequests that $1200 be assigned for the
salary of a man to take Mr. 0. N. McCarty's place, and that
01500 be assignedfor the safiary of L..B. Mann.  These
recommendations mean an increase of $500 in the budget for
the Department of Animal Husbandry.    Professor E. S. Good
is willing to have.that amount transferred from his expense
-b-udget, I recommend that this be done.
     (Concurred in by Board.)

     Qualifications for appointments in Extension Service.

     I have received a letter from Doctor F. M. autchler,
transmitted through Dean Roberts, relative to the collegiate
training Aand rank of Extension Service workers.  This is a
matter of considerable importance and I suggest that it be
referred to the President for further consideration.
     (Concurred in by Board.)

                    Civil Engineerina.

     -1  W. A.i Newman of Lexington, to fill position for
one year as Instructor of Civil Engineering, at a salary 'f
     (Concurred in by Board.)

                 stvichnga      and hlgial Engneig

     lo  That C. (,. Harp. be appointed Instructor in Steam
Engineering for one year at a salaly of $8OO.'
         (Concurred. in by Board. )

      1.  That Doctor, F. E. TuftIe be 06rmitted to mate gid
 analyses from Kentucky oil. fields whent sent io the Deptit.
 ment of Qh.tmitry for analysiis

      (iFre4opdent MoVey indicated that hO had gi46   uieli
      permjp*qn to Doctor Tuttie;)


     1. The Department of .Vjar has designated Majer Samuel
a Smoke to act as Commandant at the University of Kentucky.

     2. In the interim between the opening of college and
the coming of the commandant, that D. R. Ellis be authorized
to conduct military instruction, the salary to be decided
upon later.
     (3Sections 1 and 2 under heading "military Matters"
     were reported as matters of information and were
     approved by the Board.)

               Smith Hu hes Bi ll.

     The following statement for information of Executive
Committee is submitted:

     .-ctin:, President Boyd attended a recent meeting of
the St'Ite Coramittee on Vocational Training, in Frankfort.
At that meeting it was voted to send State Superintendent
Gilbert to `ijashington to present the request of Kentucky
for aid under the Smith-Hughes Act. A statement has been
forwarded, setting forth the claims of the University for
federal aid under the act, and asking for an appropriation
for the present year. The State Board favors dividing
these funds with the two normal schools and the negro

               Smith Lever AIct.

     Difficulties arising from its interpretation are in
process of adjustment.

               DEAN OF' WiOMEN

     A communication has been received by the President I
from .Aiss Anna J. Hamilton, Dean of Women. It is recommend-
ed that action be postponed and the matter referred to the
President, Edith instruction to report at the next meeting
of the Coiamittee.

     (Goncurred in by Board.)

               TMiU Pasing i;atter.

     The -attention of the Committee is called to a letter
received froru JLfues Derny, Solicitor for the City of Lex-
ington. Instructions are asked for.
     (Action noted in foregoing paragraphs of these minutes.)

               igEperal Informati on.

     The   X prX sident of the University began his duties
on Septemb-r 14, and has been in residence at the University.
He has Spoken before the General Student Assembly September
14, the University Club, Sept. 15, the Y.M.C.A. and YiYW.C.A.
opening meetinr, the 16th, and the opening General Assembly
the l8th. He has gone over the budget, visited many of the
buildings and discussed the problems of some of the depart-
ments with the heads.

     The Registrar reperts the following enrollment for the
past eight days:

     Sept. 10-E. 320
     Sept. 11....621
     Sep'. 13.. . 634
     Sep-L . 13-...63 4
     Sept. 14....643
     Sept. 15....652
     Sept. 17....674
     Sept. 1....68b7


     Doetor MeuVey, the newly elected President of the University,
havin4.as-u*M.d thr dutio of thespresideney-6n Septeihber'tkle Vtthp
bj;r-,i4tr,*.heaieby ordered, by the Executive Committee that the
salary of Doctor McVey begin as of September 14, 1917.

     On motion of Mr. bMcKee, seconded by Mr. Johnston, the Board

addpted by unanimous vote the following resolution:

          That Doctor Robert Graham be asked to supply a
     plan for a plant for the manufacture and sale of serum
     to prevent forage poison, and that he be requested
     further to present such plan to President McVey, to
     be submitted to this body for consideration in its
     next regular meeting in October.

          Note:- (Doctor Graham was notified of the adoption
                  of this resolution,)

     D. H. Peak, Business Agent of the University, submitted

the following report:

                                   Lexington, Kentucky, Sept. 18,17.

     President Frank L. McVey, and
     The Executive Committee of the
     Un-iversity of Kentucky.

                         Student Fees.

               Estimate based on registration to date:

                              Incidentals    Activities  Athletics

     Student fees     670      5360          1340          5025

     Dormitories               1500.

     Other fees                _500-

                               7360_         1340-        5025-


          At your last meeting you ordered that the cost of vault
     and repairs to Business Office be paid by the three divisions
     of University. Statements were presented to each, but Doc-
     tor Mutchler says that Extension has no funds out of which
     this may be paid. I submit his letter, Exhibit No. 1.

          (See action of Board in foregoing paragraph of these
                         Requests for Appropriations

          It appears that in 1915 an error of $151.55 was made in
    payment of bill made on order of the Physics Department to
    Central scientific Company, and that the company is now of-
    fering to refund the amount overpaid. I submit letters and
    statements, Exhibit No. 2, This Matter was brought to my
    attention since last meeting of your committee,
          Professor Killebrew of the Physics Department thinks
     that the amount to be refunded should be appropriated to
     that department. I file his request for appropriation, Ex-
     hibit No. 3.

          (Board authorized that the $151.55 referred to be ex-
     pended for supplies for the Physics Department.)

                         Mr. Davies' Account

          The matter of amount due former Business Agent, Hywel
     Davies, has bcen thoroughly discussed by this Board, and
     I think you should dispose of it. The three caneelled


    checks amount to A375.00.  o.r. Davies claims that $200
    should be paid to John Morris, accountant; $50.00 to
    himself, and the balance to the University.  The only
    amounts that I am able to find due the University are
    ,20.00, carried as balance on cash book, and $50.00
    due key money.
         (On motion of air. Stoll, seconded by Or. Johnston,
         the Board, by unanimous vote, on roll call, con-
         curred in the foregoing recommendation.)

         -        Ordnance.

         By request of Doctor Boyd, I submit, Exhibit No. 4,
    letter from War Department relative to Ordnance.   The Com-
    mandant has heretofore attended to the Ordnance.
         (Submitted to Business Agent).

                   Mulligan Pronerty.

         Some progress has been made toward putting the grounds
    in order. Doctor McVey has inspected the property, and
    made suggestions as to improvements. A contractor has
    been asked to submit plans and estimate of costs which
    will probably be done at this meeting.


          On approval of Mr. Nichols, Doctor Boyd and myself1
    .irs. Judy opened the cafeteria September 10. Failing to
    meet with success, she closed it Thursday following open-
    in, of school.  If required she is willing to pay for
    time in operation at rate agreed on, t1.00 per day.

         IMrs. A. T. Million, of Richmond, called yesterday
    relative to taking charge of the cafeteria. She proposes
    to run it on her own responsibility, charging $3.50 per
    week for board. She asks that rental charges be made as
    reasonable as possible. Mrs. Million is a sister of drs.
    Clarence Egbert and Mr. J. C. Taylor of this city.

          I am informed that an effort is being made to get
    up a boarding club with the idea of using the cafeteria.
    No application has been made for it, however.
          (Referred to President McVey with power to act.)

                    Financial heportAuRust 31.1917.

          Teaching Division, Exhibit No. 5 shows balance of
     indebtedness $'57810.32.

          Experiment Station, Exhibit No. 6, shows actual bal-
     ance, d10832.44.

          Extension Division makes no report. There is no bank
     balance owing to the fact that no Federal Smith Lever funds
     ha"s been received to date, and all State funds received
     exactly balance the vouchers paid-as all such vouchers are
     certified to the State Auditor for approval.

          Patterson Hall, actual balance Aggust 31, $158.92.

                               Respect fully,

                                     D. H. Peak, Business Agent.

     Under the head of unfinished business, Mr. Frank P. Smith,

architect for the Combs Lumber Company, was called before the

Board, and explained plans which he had been instructed to make,

for the improvement of the Mulligan property for a home for

President McVey. Mr. Smith went into details of his plans


affecting the house, and answered numerous questions put to him

by members of the eommittee. President McVey statEd to the Board

that he approved the plans as submitted by the Architect.   At the

suggestion of Mr. Brown, the Board adjourned temporarily to in-

spect the Mulligan property personally.

     After the inspection, and after further discussion, concern-

ing improvement of the property, Mr. Stoll made the following


          RESOLVED, that the Mulligan house, recently pur-
     chased by the University, be reconstructed substantially
     in accordance with the tentative plans submitted to this
     body in its present meeting; that a contract be made on
     the basis of cost, plus 10%, and that arrangement be
     made so that the University may pay one third of this
     cost in 1917-18; one third in 1918-19 and one third in
     1919-20, with the option that the University may pay all
     or any part of the contract price at any time; that it
     is the sense of this Committee that the work of recon-
     strbction be begun at once, and completed at the earliest
     possible date. This motion, duly seconded by Mr. John-
     ston, was placed before the house, and on roll call re-
     sulteo in the following vote:

     ,yes-Chairman Nichols, Messrs. Brown, Johnston, McKee, Stoll
          and Doctor Marks.


     iMlotion was then made, duly seconded and adopted that a com-

 mittee of three be appointed to put into effect the foregoing

 resolution. Thereupon, Chairman Nichols appointed on this com-

 mittee, the Business Agent, D. H. Peak, P. P. Johnston and the

 Secreta ry of this Board.

      .Qr. Brown moved that the furnace in the home of President

 Emeritus Patterson be repaired at an expense not exceeding $100.

 Seconded by Mr. Stoll, the motion was adopted on roll call, by

 unanimous vote.

      Mr. Stoll reported that he and Mr. Johnston, previously ap-

 pointed as a committee to prepare by-laws, etc., desired to be

 excused from that work, and asked that the matter be referred to

 President McVey for further action, which was done.    It was ex-

 plained in this connection by Mr. Stoll that neither he nor Mr.

 Johnston was seeking to evade a responsibility, but that Presi-

 dent McVey had in mind many ideas in reference to this particular

 duty, which was so much in advance of their own that they desired

 that the University enjoy the benefit of expert recommendation.

 President McVey said that he would take the matter up and would
 report at a future meeting of this Board.
       On motion, the meeting adjourned.

                            Respect fully,
                                                  Seeyetary Board.