xt7zgm81kr3p https://exploreuk.uky.edu/dips/xt7zgm81kr3p/data/mets.xml Lexington, Kentucky University of Kentucky 18730718 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, 1873-07-sep18. text Minutes of the University of Kentucky Board of Trustees, 1873-07-sep18. 1873 2011 true xt7zgm81kr3p section xt7zgm81kr3p
280
Resolution
Af f i rminrig
power to
remove or
appoint
temporarily
Point of
order not
sustained
Amendment
proposed
Kentucky University, Lexington, Ky., Sept. 17, 1873
Nays- John G. Allen, Andrew Steele, G. W. Elley, C. T. Worthing-
ton, G. W. Givens, In. L. Williams, R. J. White, R. C. Ricketts,
W. T. Withers, L. B. Wilkes, willia-m E. Rogers, James G.
Kinnaird, R. A. Gano 13.
The requisite majority of the whole Boawrd voting aye the
substitute was declared adopted -
Curator Z. F. Smith offered tie following lies. That in
view of the proceedings of the last fourteen years and the powers
confered by the Charter and bylaws of the University it is the
sense of this Board that the Executive Committee has the power to
appoint or remove temporarily Professors in the Faculty during
the interval between the meetings of the Board-
Curator Worthington raised a point of order that the resolu-
tion was in violation of the Charter- not sustained by the Chair.
After free discussion of the Resolution the ayes and nays
were called for.
Curator Steele moved to amend by striking out the word
removal- amendment lost.
Pending the discussion a motion made to adjourn till to-
morrow morning at 9 o'clock.
Session of
Sept. 18,
1873 .
Kentucky University, Lexington, Ky.
Morrison College, September 18th, 1873
Board met prayer by Curator W. L. Willia~ms, Minutes read
amended and approved.
Resignation
of Curator
lost
Motion to
refer vacancy
Motion to
amend
Point of
order not
sustained
The Chairman of the Board read a Communication from Curastor
Yost tendering his resignation as Curator which on motion was
accepted.
Curator Campbell moved that the vacancy be refered to the
Committee on Nominations.
Curator Withers moved to a-mend that no more vacancies be
filled until the number of Curators be reduced to thirty one
unless it be necessary to do so to comply with the requirements
of the Charter.
Curator Jno. Aug. Williams raised a point of Order that this
meeting being a called. one cannot consider this question- The
Chair decided it not well taken.
281
Kentucky University, Lexington, Ky., Sept. 18, 1873
Motion to
lay on the
table lost
Amendment
lost
Motion to
report at next
meeting lost
Amendment to
elect i. i.,
Estill, lost
Notion to
refer carried
President
`1illigan
invited
Time granted
to confer on
peti tion
Protest of the
Minority a-
gainst the re-
moval fo Prof'.
McGarvey
Curator Wlorthington moved to lay the subject on the table-
Loticn lost.
Question on the amendment being taken it was decided lost-
Senator Withers moved that the nominating Committee report
at the next Session of the Board - Lost.
Curator Elley amended that the vacancy be filled now and
presented the name of r. B. Estill-
Amendment Lost.
Previous question was then c lIled and carried-
/282/ Curator Campbell's resolution wEs then adopted.
Moved by Curator If. L. Williams that Prest. Milligr'n be
invited into the board carried.-
Committee on Petitions from Donors & churches through Jno.
Aug. Williams reported progress and asked for further time
which was granted
C urator W. L. Williams presented the following protest
against the removal of Prof. McGervey.
iMoved and carried that said Drotest be spread on the records-
Whereas by an action of the Board of Curators of Ky. Univer-
sity, Prof. Jno. W. McGarvey was removed from the Chair of Sacred
History in the Bible College in Ky. University upon what we believe
illegal grounds and without sufficient cause- We therefore,
Curators of Ky. University & having voted against the removal of
Prof. McGarvey we respectfully petition the honorable Board of
Ky. University to receive the following protest to the action of
the Board of Ky. University removing Prof. J. f".. McGarvey and
that the same be placed upon the records of this Board. Our
protest is made on the following grounds & for the following reasons
1st. By a law of the Ky. University no charges may be brought
against any Professor rxcept for incompetency & unfaithfulness
2. The alleged cause of the removal of Prof. kcGarvey is one
thing /283/ as given by the 1 xtive Committee and a totally dif-
ferent cause as given by the mover of the resolution for the re-
moval of Prof. McGarvey.
3. That the removal of Prof. McGarvey was without sufficient
cause and without preferment of regular and sufficient charges
but by resolution only and therefore contrary to the charter.
The following Curators W. T. Withers John G. Allen
expressed approval and W. L. Williams G. IN. Givens
appended their names WJ. E. Rogers Andrew Steele
L. B. Wilkes R. M. Gano
G. W. Elley
C. T. Worthington
P. C. Ricketts
283
Kentucky University, Lexington, Ky., Sept. 18, 1873
Statement
from Pres.
Milligan
Answer to
Pres. Miilligan
Resolution
appointing
Alex. Proctor
to fill Chair
otf Sacred
History
Substitute
movea.
Amendment to
refer to the
nominating
Comr. etc.
Reconsideration
moved.
Motion to lay
on the table
the motion to
reconsi der
carried.
motion of Z.F.
Smith p.280
(dop t e d.
/285/
Vreamble & Res.
offered by Cu-
kator Wiithers
telatingto the
tres. & Exec.
President Milligan appeared before the Board on invitation
and made statements of 'he condition of Lhe Bible College . J.
Fletcher Johnston, J. B. Morton admie ted as reporters for the
razet te.
Curator Jno. Aug. Williams moved that in answer to Prest.
Milligan that assurance be given to Pres. lAilligen and through
him to the Professor & Pupils of the Bible College that ample
provision will be immediately made for their full instruction
and that Pres. Milliganr be furnished with a copy of this resolu-
tion
Whereas the Extive Committee suspended adinterim Prof. J. W.
McGarvey from the Chair of Sacred History in the Bible College/284/
of Ky. University and whereas said Committee have tendered said
Chair to Elder Alexander Proctor of Uo. Wherefore be it resolved
that Alexander Proctor be and is hereby now elected to fill said
Chair.
Curator Worthington moved as a substitute the vacancy be
filled with the name of Jno. J. Rogers.
Curator Jno. Aug. WIVilliams moved to amend that the whole
matter be refered to the nominating Committee in conjunction w.!ith
Pres. &illigan of said Bible College.
Curator Smith moved that the action of the Board in reference
to Prof. McGarvey be reconsidered.
Regent Bowman moved that the motion be laid on the table ayes
and nays called for adopted by a vote of 20 to 13.
Ayes- R. M. Bishop, J. B. Bowman, Benj. Gratz, Joseph Wasson,
D. S. Goodloe, Jno. Shackelford, J. S. Toolfolk, A. A. Bowman,
Joseph Smith, A. G. Herndon, Z. F. Smith, J. P. T4rbitt, E. H.
Sloan, Z. M. Shirley, S. IN. King, Horace Miller, Landon Thomas,
James Crutcher, U. G. 17hite, A. M. Barnes-
Nays- John G. Allen, And. Steele, G. '1. Elley, C. T. Worth-
ington, iG. W7.Givens, W. L. Tvilliams, I. C. ?icketts, Z. F. Smith,
W. L. Withers, L. B. Wilkes, W. E. Rogers, James G. Kinnaird,
oh 8. Gano.
The motion of Z. F. Smith of last night wars called up and
adopted.
Curator Withers offered thoe following Preamble and resolution-
T7hereas the 7th Section of the Charter of Kentucky University
provides that the annual account of the Treasurer must be accom-
panied by the certificate of the Extive Committee signed by each
member thereof and stating that it has been examined and that it
is correct.
285
Kentucky University, Lexington, Ky. Sept. 18th, 1873
And whereas the Bylaws provide that the Extive Committee
shall approve all drafts upon the Treasury and examine and ad-
just all accounts against the University and also that they
shall audit the annual Report of the Treasuarer.
And whereas both the Charter and Bylaws of the University
indicate the Extive Committee as tile Guardians of the Treasury
and the Charter expressly exacts that when the Treasurer's term
of office expires or he shall resign his office or be removed
therefrom that he shall deliver up to the Zxtive Committee or
their order all the books and papers pertaining to his office
and in each and every particular account for and pay over all
money or othIi r thing of value which may come to his hands as
Treasurer and shall also p rrmit his books to be examined at any
and all times by the Extive Committee.
And Whereas the duty usually devolves on the Extive Committee
to examine and approve the Bond of the Treasurer and to deter-
mine as to the sufficiency and solvency of the Securities to the
Treasurer's hand which the Charter reeuires to be renewed each
year on his restriction to office.
And Whereas it is inconsistent and repayment to reason that
/2836/ under the circumstances, the Treasurer should be a member of the
Extive, therefore be it Resolved
1st. That it is improper for any member of the Extive
Committee to hold the office of Treasurer.
2. That the Bylaws and Statutes of the University be
amended by acding under the title of ahe Extive Committee as
follows; No Member of the Extive Committee shall be eligible to
or even hold the office of Treasurer.
Motion made by Curator Barnes to lay on the table the above
Preamble and Resolutions and carried by a vote of 20 to 13.
Ayes & Nays being called
Ayes R. M. Bishop, J. B. Bowman, Benj. Gratz, Joseph Wasson,
-D. S. Goodloe, J. S. WYoolfolk, A. ni. Bowman, Jos. Smith, A. G.
Herndon, John Shackelford., J. P. Tgrbitt, R. Et. Sloan, Enos
Campbell, Z. M. Shirley, John Aug. Wiilliams, S. A. Sping, Horace
Miller, Landon A. Thomas, James Crutcher, Geo. G.fNhite, A. ia.
Barnes,
Nays- J. G. Allen, And. Steele, G. 1Y. Elley, C. T. Worthing-
ton, G. W. Givens, W. L. Williams, R. C. Ricketts, R. J. White,
Z. F. Smith, 7W. T. Withers, L. B. Ifilkes, Sim. R. }Rogers, James
G. Kinntaird, R. aIr. Gano.
Preamble
and Res. by Curator Withers offered the following Preamble and Res.
Curator marked (3)
Withers. R. 11. Bishop
President
BEoard Curator
Page 287 (blank)
288
Kentucky University, Lexington, Ky., sept. i8, 1873
Point of order
lt su s tai ne d
Motion to
refer &
previous
que stion
called
Vote on the
references
Boar a
adjourns &
recommends.
Curator Smith raised a point of order The matters in the
resolution being the business of the Comtee to whom the petitions
were refered
Not sustained
Regent Bowman moved that they be refered to tne Committee
on petitions of Donors & churches
Previous question called
Ayes & Nays called for on the reference and carried by a vote of
22 to 11.
Ayes- R. M. Bishop, J. B. Bowm;An. Benj. Gratz, Jas. Wasson.
D. S. Goodloe, J. S. Woolfolk, A. E. Bowman, Joseph Smith, A. G.
Hernion, John Shackelford, Z. F. Smith, J. P. Tarbitt, R. R. Sloan,
Enos Campbell, Z. M. Shirley, S. M. Wing, Horace Miller, Landon A.
Thomas, James G. Kinnaird, James Crutcher, Geo. G. White, A. 14.
Barnes.
Nays;- John G. Allen, Andrew Steele, G. W. Elley, C. T. Worth-
ington, G. 17. Givens, W. L. Williams, R. C. Ricketts, 11. T. Withers,
L. B. Wilkes, Mrs. E. Rogers, R. E. Gano.
On motion of Curator Crutcher, Board adjourned sine die in
some confusion but a Quorum was immediately convened when the
minutes were read and approved and then adjourned.