xt705q4rjm3g https://exploreuk.uky.edu/dips/xt705q4rjm3g/data/mets.xml Lexington, Kentucky University of Kentucky 1924092 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, 1924-09-jul2-ec. text Minutes of the University of Kentucky Board of Trustees, 1924-09-jul2-ec. 1924 2011 true xt705q4rjm3g section xt705q4rjm3g 









      Minutes of thermeeting of the Executive Committee of the
 Board of Trustees, University of Kentucky, for Wednesday, July 2,
 1924.
      The Executive Committee of the Board of Trustees of the Uni-
 versity of Kentucky met in regular monthly session:in the office
 of the president with the following members present: Chairman
 R. C. Stoll, Messrs. Rainey T. Wells, R. G. Gordon and Senator
 H. M. Froman.   Other members present were President MeVey and
 the Secretary of the Board.

      On motion the minutes of the previous meeting were adopted
 as published.

      1. The $75,.000,000 Bond Issue.  After discussion of the
 Universityrs attitude toward the $75,000,000 bond issue to be
 submitted to the vote of t   people of the State in the forth-
 coming election, the Commn tee authorized prsparqtion and dis-
 tribution by the Presiden, of a pamphlet setting forth the needs
 of the University, its plans for meeting those needs, and such
 other data as might be desirable for the information of either
 voters or speakers in studying or presenting the issues affecting
 the bond issue from the viewpoint of the University.

     2. Request from'the Greater Xentuckv Association for Speakers
for the BIssue- The Gresident reported that requests had come
to him from the Greater Kentucky Association for speakers from
the faculty and students of the University to help to present
the issues involved in the proposed bond issue; that the students
have an organization of speakers that has been functioning
effectively for the last six or eight months thru the media of
addresses to luncheon cIubs and other bodies thruout the State
that desired their services; that services of these students were
available for the bond issue campaign and that in addition, be
believed, certain members of the faculty would serve in a similar
capacity, but that funds would have to be pmovided to meet travel-
ing and, incidental expenses.

     On motion of Mre Wells, duly seconded and adopted, the
President was authorized to recommend a plan of procedure to the
next meeting of the Committee affecting the operation and fi-
nancing of the proposed speaker'bureau.

     3. Recommendation from the Attorney General Regarding
Printing.   As response to a recent request by the President for
an opinion from the Attornnr General affecting certain phases of
the State Printing Act, P- Rident MoVey presented to the Com-
mittee the following self- -planatory communication:




 








2.



                                      Frankfort, Kentucky
                                           June 24, 1924

   Dr. Frank Li. McVey
        President, University of Kentucky
             Lexington, Xe ntucky

   My dear Doctor:

        You propound the following question, and ask an
   opinion.

           "Is the University of kentucky, under the
      Act providing for state printing, compelled to have
      printing done by the State Printer, which is paid
      for from Federal Funds?"T

        In answer to said question will say that, when Federal
   funds are made available for State purposes and paid in to
   the State Auditor, they become State funds and the expendi-
   ture of the same is controlled the same as expenditures of
   other state moneys.

        Consequently, all printing done in connection there-
   with must be under the supervision of the Public Printer
   and the laws governing same.

                                      Very truly yours

                                        Frank E. Daugherty
                                           Attorney ;eneral
     Mr. Stoll raised the question that the Attorney General's
response was not clear on the point as to the right of the Ex-
periment Station to us. Federal funds to pay for printing when
such Federal funds had not been "made available for State pur-
poses" and had not been "paid in to the State Auditor. "

     On motion duly seconded and adopted the President was
authorized to ask the Attorney General for an amplified opinion
concerning the point raised.

     President McVey reported that a former call had been made
for a conference of the Board of Trustees with the Printing Comn-
mission to discuss the matter of control of University printing
but confusion as to the date of such meetings had so far resulted
in no meeting being held.

     On motion, duly seconded and adopted, Presid ent McVey, Dean




 






3.



Thomas P. Cooper and Rainey T. Wells were authorized to attend
any conference arranged for the purpose named.

     4. Insurance on Buildings at*Quicksand, Kentucky.   President
MoVey reported he had received the account of an insurance
kornpany at Jackson. Kentucky, of $290.85, premium charged for
insurance on certain buildings at Quicksand, the same being in-
sured for a period of three years.

     On motion the account was approved and payment authorized.

     5. Rerort of W. C. Wilson. At this point Mr. W. C. Wilson,
Alumni Secrttary, entered the room.   He made the following re-
port:

            TREASURER'S STliATh1NT OF ALUMANI ASSOCIATION
                         7:923-1924

                             Receipts
Balance from 1922-23                                   $   344.96
Dues for 1923-24                                         1,797.94
                                                       $ 2,142.90

                         Disbursements

Mirs. Turner's Salary                     $ 366.62
Exp. Mrs. Turner trip to K. E. A.             25.00
Office Supplies                               29.44
Printing                                     363.91
Postage on Kernels                           125.00
Kernels                                      679.50
Cold Checks                                   43.00
Tele phone and Telegraph                       6.55
Writing for Kernel                            47.00
Engraving                                      6.50
Dues to 'ssociation, Alumni Sec.              10.00
VvKentuckianit                                 5.00
                                                          1.707.52

                   Balance SMay 31, 1924                    435.38

                   WORK DONE IN A1LUIlNI OFFICE
                             1923-24
                             Summary
Letters Individual                                          2 4'71
LettLers, Bulletins & Ctrdf, .Iimeogrsphed                 20,471
Printed Pamphlets a lette:.                                18,123
Cards, Printed                                             27,208
Cards Individual                                               268
Kernels                                                     35,908
   Total pieces of mail sent out                          164,452




 






4.



                        .: rVF'S FOR FUEDS
                   PA;T T2 .. N Mi'ERIAL STATUE FUND
     In 1918 Mr. Charles hi. Brook and others launched a campaign
for funds to erect a PL&TTIRSON TVII)MORIAI STLTU-'w with the f ollowing
results:



Number of pledges mats
Amount pled ged
Amount collected to date



      222
$1 ,161.00
   233.00



     No expenditures have been made from this fund.

     This campaign was never very active.   Within the past two
months, C. N. Manning has been selected Treasurer and collections
of the above amount Yiouve been made by the Alumni Office.

     Five per cent of the net collections from the Greater
Zentucky Fund will go to this fund.

                KENTUCY. 1,OIi.IO 1. BUILDING FUND

     This Campaign. was -prosecuted by citizens interested in the
erection of a building on the campus of the University to the
memory of the men and women who made the supreme sacrifice during
the World        'hr.  fie status ol this is as follows:



Number of pledges
Amount pledged



3,877



                           '.ESTIEaNTS
     Securities held by     Dow . Daning, Treasurer.

American Rolling Mills Co. 15 year 6% gold
   notes, due Jan. 1; 1 938
Armour & Comp ny of Delntwere first mortgage
   20 year 50,'guarantead gold bonds, due Jan 1,
United Railways of Havana 15 year, 71 hquipment,
   Trust Notes, due Feb. 15, 1936
United States liberty Loan 4- bonds,
Southern Pacific E'quip. ent Trust 5% Certificates
   Series "P"
-American T.& T. no., 5i Debentures, due 1943

   Interest and p-fofA :: on securities



$178,578.87



3,000.00



1943



3,000.00



3,000.00
49,500.00

4,000.00
  3 .000.00
65,500.00
10.398.86
75,898.86



Salaries
Traveling expenses
Printing



DISBURSEMIhTS



$9,492.80
2,767 .34
2 ,776.40




 







5 .



Jefferson Co., Campaign
Telephone and Telegraph
Cold Checks
MIiscellaneous
Office Help
Legal Fee, Bond Issue, Judge 01IRear
State Headquarters, Louisville Office
Sta.te Headquarters, Louisville General
Loan to University of Kentucky
   Approximate amount collected



  194.06
  61';13
  127.50
  527.17
3,026.47
  300.00
  452.87
  941.77
10 000.00 30.667.51
         4106,566.37  



                    GREATE R KEN~TUCKY PUND

      Acampaign w~s launched by the A'lumni Association in 1923
for Two Hundred. Thousand ($200,000.00) Dollars, to be distributed
as follows:
     Stadium                             $140 ,000.00
     Basketball Auditorium                  40,000.00
     Pa tte rc-mve mor ia                   10,000.00
     Student Loan                           l0"000.00
                                           200,000.00



  .. The status of this csrmpaign is as follows:
     Numb~er of Pledges                      5,863
11mount-pladged  



Amount collected anti deposited. to cred~it of
   George B. Carey, Treas.
Deposited with D. H. Peak since June 1, 1924
   I-otal to date



V"221 ,549 .00


68,964.62
   1,698.25
   70 ,662 * 87



Disbursements by TOO. B. Carey 4_.

     Collections should have amounted to about 015,o00.00 mord
than shown above.
      6. Bupe for _A.lumni Associantion.  A motion was adopted
requesting the Vresid~ent to work out a budget for Alumni, Asso-
ciation expenses for the forthcoming session and present it in'
form of a recommendation to a subsequent meeting of the Board.

     7. Professor H. H. Garman,   Professor H. H. Garman came
,before the Comrnitt~ee7 he said he had been carrying on in his
department the work of inspecting seeds and nurseries of the State
in accordance with requirements of statutory law.   Recently, he
said, Dean Thomas P. Cooper, Director of the Experiment Station,
had instruceted him to cut lown this work and to dismiss two persons
in his department who hpad been assisting in this work. Prof essor
Garman said. he objected t~. this step beciause the law required the




 






6.



work done and that farme- and nurserymen of the State bqth
desired it.   He insistea that it continue.   Professor krmen
said that he had brought the matter to the attention of the Board
ini the hope that some means might be employed whereby he might
continue the work of the two employees that Dean Cooper instructed
him to drop.

     Copies of correspondence setting forth the reasons for the
action taken by Dean Cooper in the matter were submitted to the
Executive Committee.

     Mr. Wells mov7ed that the action of the Director of the
Experiment Station be approved and that the issue be not re-opened.
Seconded by Senator Proman, the motion was then adopted.

     8. Fhnployment of Counsel for the University.  Mr. Stoll
stated that he had communicated with the Attorney General's office
in Frankfort, speaking to her. Hogan, First Lssistant Attorney
General, over the telephone, relative to the employment of Counsel
by the University and that he was advised that the Attorney
General's office was so crowded with work that it -could not attend
to the variQus legal matters for the University and that the lUni-
versity should emplyy its own counsel.

     9. Unfinisshed Wfork on the Basketball Building.  Mr. J.
Pelham Johnstorn, Attorney, employed by the-University, made a
report affecting unfinished work on the basketball building
setting out a list of mechanic's liens filed against it by sub-
contractors working under the original contractor.   Mr. Johnston's
resort was as follows:

                                     July 2, 1924
   Executive Committee of the Board of Trustees of
      the University of Kentucky.
        Lexington, Kentucky.

   Gentlemen:

        I have examined the records in the Fayette County Clerk's
   off ice and the papers submitted to me by Mr. Whipple with the
   view of reporting to you the status of the University vf Ken-
   tucky under its contract with the Blanchard-Crooker Company
   for the erection of the basketball building, and now submit
   the following:

        The University is under no obligation to pay any sub-
   contractor or material-man for labor or materials furnished
   for the erection of said building unless th' subcontractor or
   material-man complies with the mechanic's lien law by notify-
   ing the University in writing thirty-five days after the last




 







7.



item of labor or mater -l is furnis)ed, "of his intention
to hold- said property l iable, and the amount for which he
will claim a liens" and within six months after he ceases
to labor or furnish materials files in the county clerk's
office a statement of his lien in the form required by the
statute..

     The Court of Appeals has held that the mechanic's lien
statute authorizes the filing and assertion of such liens,
without regard to whether the building is a public or pri-
vate work, yet courts of equity will not exercise the power
of selling property devoted to public use and indispensible
to the cdministration of governmental affairs; but when
declining on the grounds of public policy alone to enforce
a lien by sale of the property a lien will attach to the
fund in the hands of the state, county or municipality for
the construction of the building.   (Roe v. Scanlan, 98 Ky.
24; 32 S. W. 216; Noonan v. Hastings, 101 Ky. 312, 41 S. W.
32; Allen County v. U. S. Fidelity & Guaranty Co., 122 Ky.
825, 93 S. W. 44.)   The balance owing to the Blanchard-
 rocker Company should therefore be treated as a fund which
is subject to the liens of subcontractors and material-men
who. have taken the steps necessary under the statute to ac-
quire a lien.

     The following subcontikctors and material-men have
given the University valid .iotice within the time required
of their intention to hold the property liable and have
either already filed statements of their lien or yet have
the right to file the rame.   (In each instance where a lien
has been filed one dol- . r has been added to the amount of
the claim to cover the cost of filing the lien.)

Henry Brovn - plastering - completed April 30 -

              29 (includes $913.12 to George
              Lend and Brother)
George Land & Brother - sand, etc. - completed
              April 30 - notice MvIs y 28 ( lien
              filed Mlay 29 -                         867.10
Combs Lumber Co. - ;;atarials - completed lIkl 17 -
              notice June 12 -                      *2,268.82
J. D. Harper - roofing - completed iffy 5 - notice
              June 7 -                                990.00
Charles T. Anderson - painting - not yet completed-
              notice June 13 -                        482.00
                                                     6W012.92
     There is some doubt as to the volidity of liens
asserted by the following contractors:




 








8.



Clay-Ingles & Co. - steel sash - completed &arch
               10- notice Maorch 25 - lien filed
               May 31-                               1,6
               The notice does not unequivocably
               show an intention to hold the property
               liable.   This subcontractor has also had
               - n order of attachment served on the
               University.
Richard Shea - brick work - no notice given, but
               under the facts it is possible for a
               court to decide that he has contracted
               directly with the owner, or, by reason
               of the facts, does not have to give
               notice -1.9
                                                     3,5
     The following subcontractors and material-men have
given notices or filed liens which are defective for the
reasons stated, and therefore have no lien:

Cleveland Metal Roofin:. Jz Ceiling Co. -, completed
               February 25 - notice 1Hay 1 i lien
               filed June 9.   Notice riven too



late -



2.40



00.00
02.40



1.500.00



John G. Pool Co. - completed Mlarch  - notice iMay
               29 - Notice given too late and does
               not unequivocably show an intention
               to hold property liable,              1,200.00
Smith Watkins Co. - Completed "Jay 13 - notice June
               30- notice given too late -              32.81
N. P. McCallut - payroll advanced - assignment by
               The Blanchard-Crocker Co. which does
               not amount to notice                    185.00
N. P. M"IcCallum - salary - assignment by the Blenchard-
               Crocker Co. which does not amount



1.254.36
. 4,172.17



     The following subcontractors and material men have
taken no steps to obtain liens and can not now assert
the same:
Allen Electric Company                                  661,90
VanDeren Hardware Company                                89.96
Dayton. Structural Steel Company                      5.000.00
Jim Ross - cement floor                                 124.00
Crane & Company                                          98.44
Lexington Lumber & Building Supply Co.,                 190.00
                                                      6,164.30



to notice




 







9.



     We are advised by Mr. Whipple that at the time The
Blanchakdacrocker Company abandoned the work there was
$11,900 owing to said company; and that since that time
there have been mrsde payments for finishing certain parts
of the work and to mechanics (having mechanics' liens) on
orders of the Blanchard-Crocker Company of various sums
which in my opinion should be charged against the balance
of $11,900 to ascertain the balance upon which the liens
above referred to shall attach.   Said sums are as follows:



R. I. Fisher
Carl M.1ayerhoefer
Charles T. -Anderson
Charles T. Anderson
J. Donni-an, on order of the Blanchard-Crocker
J. Lilly      t   t    T  T      TT        TI
N. Swain.         IT   IT TV               it
WV.es1aR.er   T?  IT tI   Ir     TY VP
Ed Huches     IT       Ty TI     it        IT
J. Pe6 e 1Tl           TV TT     TT
C. *We tt s   Vt  tT   IT IT     VI        fTI
G. Shelton    "T  Ty   Ir IT     TV        IT
A.Howell      ;I  TV   IT T      It        Ty

Balance subject to liens
Bplance on hand when work was abandoned



       200.00
       105.00
       93.00
       225.00
Co.      4.90
Tr    14.00
It    21.00
IT    48.00
Tr    17.25
TV    19.25
Ty    ;48.00
nt    48.00
Tt  - 28.80
       872.20
    11.027.80
    11,900.00  



     We are advised by MIr. Whipple that other payments of the
same nature have probably been made through Afr. Curtis or iv11r.'
Carey, and these payments will also have to be deducted from
the above hamed balance.

     This will leave in the hands of the University a balance
of -$1,512.48 Which is calearlyxnot s-ubtjot tu:any liens;of -any s-o
contractors or material-roen, but the University will be with-
out authority to pay out same except on the order of the
Blanchard.-Crocker Company or on the order of a court Wlzre
said indebtedness is tubjected by attechment.   In either
event such an act will constitute an act of bankruptcy by
The Blanchar*5Crocker company and would give, a preference
to such creditors as received payment,. and in all probability
would cause 6ther cryi. tors to take steps to place the
Bl anchard-Crocker Company in bankruptcy.

                                  Yours vdry truly,

                                      J. P. Johnston




 







10.



     The report was received and ordered filea.

     On motion, duly seconded, Mr. Johnston wvas authorized to
represent the University in any leaal controversy that might
ensue afffecting these claims.

     10. Resignations. The following resignations were ordered
accepted:

     Mrs. Elizabeth Ro'0erts, home demonstration agent, Boyd
County, effective June  1, 1924.

     ,.sTrs. Octavia Evans, home demonstration agent, Daviess
County, effective June 30, 19.24.

     11. Leave of Absence for Professor C. C. Anderson.    Leave
of absence for Professor C. C. Anderson for one year, without
pay, was granted.

     12. Apnointments. The following appointments were approved:-
     Appointment of William HI. Hansen as instructor in P#ysical
Education, at a salary of 1l,500 a year.

     Apnointrment of  Ray Fk'glun& to coach freshman athletics.
at a salary 6f ?2.,400 a y-r, to be paid by the Athletic Council.

     Appointment of Mirs. 'illiam Thornton Lafferty, assistant
in Extension Division in charge of women's club work, at a salary
of $100 a month, effective September 1, 1924.

     Appointment of MIiss Mariel Hopkins, Head of the Department
of Home Economics,' resident teaching division, at a salary of
$3,000 a. year, effective September 1, 1924.

     Appointnrent of Mdiw-- Rama V. Bennett, instructor in Home
Economics, to teach nutrition and dietetics, at a salary of $2',l00
effective September 1, 1924.

     Transfer of M1iss Nellie Gard, from position of field agent
in Home Economics, EXtension Division, to that of assistant
professor in Home Economics, resident teaching division, at a
salary of $2,.300 a year, effective June 16, 1924.

      Appointment of William G. Finn, instructor in Agricultural
Economics, department of Farm Economics, at a salary of *2,200
a year, effective August 1, 1924.

      Appointment of Ben R. Shaver, student assistant in Economics,
at a salary of ,30 a month, for ten months.




 




11.



     Appointment of Eugene L. Jackson, microscopist in Feed
Department of Experiment Station, at a salary of $2,000 a year,
effective July 1, 1924.

     Appointment of C. S. Waltman, assistant horticulturist and
instructor in horticulture at a salary of $200 a month. effective
September 1, 1924, continuing to June 30, 1924.

     Appointment of Marion A. Brown, graduate assistant in
'athematics, at a salary of $600, for the session 1924-25.

     Appointment of J. E. Gager, awsistant in Botany, at a salary
of $20 a month.

     Appointment of D. E. South, instructor in Islathematics, at
a valary of $1,500 a year.

     Appointment of B. B. IcInteer, instructor in Botany at a
salary of $1,800 a year.

     Appointment of John . Holtzclaw, instructor in Chemistry
at a salary of $1,500 a year.

     Appointment of J. P. Graham. field agent in club work, June
9 - August 31, 1924, salary $125 a month.

     Appointment of Mary Catherine Gormley, field agent in club
work, June 9 - August 31, 1924, salary $100 a month.

     Appointment of Mary, Elizabeth Galloway, field agent in club
work, June 9 - August 31, 1924, salary $100 a month.

     Appointment of Ruth Prewitt, field agent in club work, June
9 - August 31, 1924, s alary 4100 a month.

     Appointment of V. C. Ashby, field agent in club work, June 9 -
August 31, 1924, f125 a month.

     Appointment of 1-Trw. Orie ',e Newman, home demonstration agent,
Woodford County, May 12 to June 30, 1924, salary $166 2/3 a month.

     Appointment of 0o L Mullikin, county agent, Bourbon County,
14ay 20 - September 19, 1924, salary $150 a month.

     Appointment of J. L. Shaw, field agent in club work, June 9 -
August 31, 1924, salary $125 a month.

  - Appointment of Elmer G. Leachman, assistant field agent, Jun-
ior Club Work, June 9 - Ai-tust 31, 1924, salary $100 a month.

     Continuation of employment of Tv Ei. Jones, county agent, Beatt:
ville, July 1, 1924 to June 30, 1925, salary $183 1/3 a month.

     Continuation of employment of J. C. NageottS, county agent.
Breckinridge County, July 1, 1924 to June 30, 1925, salary ;200 a
month




 









                               12.


     13. Finishing off of Rooms in B ssmont g Science Building-.
The Board authorized the finishing off of rooms in the basement
ofthe Science Building.

     14. Bids for Construction of New Chemistrv Building.
President lAcVey was authorized to call for bids for construction
of the new chemistry building when plans are completed

     15. Offer of Doctor Mulligan -to Sell Lot. The offer of
Dri. Iouis Mulligan to sell a certain lot on limestone Street to
the University for 41,100 was laid on the table.

     Committee adjourned.

                                             Enoch Grehan

                                                 Secretary