xt79kd1qg77t https://exploreuk.uky.edu/dips/xt79kd1qg77t/data/mets.xml Lexington, Kentucky University of Kentucky 19171215 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, 1917-12-aug15. text Minutes of the University of Kentucky Board of Trustees, 1917-12-aug15. 1917 2011 true xt79kd1qg77t section xt79kd1qg77t 





MINTJTES OF THE BOARD OF TRUSTEES



                    OF TNIVERSITY OF KENTUCKY

                          August 15, 191?



     The Board of Trustees of the University of Kentucky met
on the above named date in the Trustees' room at the Univer-
sity, subject to the call of its Chi4man, Gcovernor A. 0. Stan-
ley, with the following members present: Governor Stanley,
Messrs. C. B. Nichols, Claude B. Terrell, Frank McKee, V. 0.
Gilbert, Watt S. Cohen, V, G,. Harris, T. T.. Hornsby, J. J.1L. Let-
terle, H. M. Froman, J. 1'I. Elliston, Tibbis Carpenter, D. P.
Smith, R. C. Stoll, J. A. Amon, J. K. Patterson, R. G. Gordon-,
G. G. Brock, J. E. Brown, P. P. Johnson, J3. R. Rash and Do-ctor
S. B. Marks.

     Chaitman Stanley announced that the -purpose of -the meet-
ing, which was an adjourned meeting from the meeting held June
8, 1917, was to consider the report of the committee represent-
ing the University, delegated to make a recommendation of a-
nresident for the University, to succeed President Henry S. Bar-
ker.

     R. C. Stoll, Chairman of the Committee on Recommendagtionsl,
read the following report:

                  TO THE BOARD OF TRIJSTEES,
                       UNIVERSITY OF KENTUCKY:

          The undersigned committee was apiointed under
     a resolution of this Board adopted in June of this
     year to recommend to the Board of Trustees a man
     suitable for president of the University. This Board
     directed the committee to make its recommendations, if
     possible, prior to September 15, 1917.

          The committee organized immediately after its
     appointment, and has been steadily at work ever since.
     It hias consulted some of the leading educators of the
     country, the two great educational foundations has
     conferred with many m en, and has visited other cities.

          After consultations, personal interviews and
     upon the recommendation of the leading educators
     of the country, your committee desires to recommend
     to you for President of the University, Doctor Prank
     L. MlcVey, now President of the University of Xorth
     Dakota.

          Dr. McVey was born in Wilmington, Ohio, Novem-
     ber 1 1869.   He is a son of A. H. McVey, who during
     his life time was Judge of the District Court in




 






.Iowa, and Anna Holmes McVey.

     Doctor MIcVey attended the public schools of
Toledo, Ohio, and Des Moines, Iowa, and was grad-
uated at the Ohio Wesleyan University in the class
of 1893, with the degree of Bachelor of Arts. He
attended the graduate scho.ol in Yale University,
specializing in Economics,-i and receive~dthe degree
of Doctor of Philosophy at Yale In 1895. In 1899
he further pursued his studies in England,   In 1910
he received the honorary degree of Doctor of Laws
from Ohio Wesleyan University.

     Doctor McVey married Mabel Moore Sawyer, a graOd-
u-ate of the University of Minnesota, in 1898, aandhas
three children.

     Doctor M.cVey's educational experience has been
various and constantly upward.  Hie was principal of
a high school in Iowa in 1891-92; instructor in his-
tory in the Teachers' College, Columbia University,
1895-96; he went from Columbia University to the Uni-
versity of Minnesota, where he was an instructor in
Economics, 1896-98. He was assistant professor of
Economics in 1898, and was made full professor in
1900. ide resigned in 1907 to become the first chair-
man of the Minnesota. Tax Commission, and in 1909 .
Doctor McVey was elected President of the University
of Morth Dakota, wrhich position he still holds.

     The University of Noorth Dakota has grown both
in influence and in numbers since Doctor McVey was elec-
ted President. This progress is b'ased upon his under-
standing of the problems of the University, and his
constant and broad minded attention to its affairs.
While he has been President , the University of North
Dakota has grown in the number of students and fa.c-
ulty, .the income has nearly doubled, the books in
the library have increased from 23,000 to nearly
60,000 volumes, and more than that, the relations
of the State to the University have steadily develop-
ed in loyalty and good feeling during this time.

     While at the University of Minnesota, Doctor
McVey was a member of important committees of the
faculty, including deoate, curriculum, athletics;
student work, rules and regulations and catalog, and
was a member of the University Council, and Secre-
tary of the council of the University of Minnesota
from 1905 to 1907. He is Chairman of the Permanent
Committee on Economy of Time in Education of the
National Association of State Universities, ardis
at the oresent time Secretary of this Association.
He is a member of the American Economic Association;
the American Statistical Association; National Edu-
cational Association; the National Conference of




 







Charities and Correction; the National Qonference
of Marketing and Farm Credits; the North Dakota
Educational Association; the Honorary Society of
P.B.K., and was a sneaker and delegate at the
Second Pan-American Scientific Congress in January,
1916.

     In 1900, Doctor McVey was a special agent of
the United States Census. He was President of the
Minnea-nolis Associated Charities from 1898 to 1909,.
He was Director of the Twin City Exhibit, World's
Fair, in 1904, and a member of the International
Jury of Awards at the World's Fair.  He was a mem-
ber of the National Conference of Mnarities and
Corrections., 1905-09; a member and Chairman of the
M.innesota Tax Commission 1907-09, and Chairman of
the Nationl Conference on Marketing and Farm Cred-
its, 1915-1916 and 1917.

     In 1895, Doctor McVey wes an editorial writer
in the City of New York, and in 1908-09 editor cf
the proceedings of the Minnesota Academy of Social
Sciences. In 1907 he was associate Editor of the
Bulletin of the American Economics Association,
and from 1914 has been editor of the National Social
Science Series, A.C. M.lcClurg Company, Chicago.

     Doctor ...IcVey has served the State of North
Pakota in many ways. He is now a member of the
State Council of Defense; a member of the State
Board of Education; High School Examiner, and
Chairman of the local War Commission at Grand For!es,
where he lives.  In 1911, he was Chairman of the
temporary Educational. Commission, whose report was
the foundation for the renort of the State Education-
al Commission appointed by the Board of Regents
in 1915. He has served on many commissions and
is closely associated with many of the more impor-
text national movements.  in the last three years
he has acted as the President of one of the most
important bodies in the United States, the National
Conference of Marketing a-d Farm Credits, and he
is now a member of one of the advisory committee of
the National Council of Defense.

     While a member of the Minnesota Tax Commission,
Doctor MtcVey formulated the present system of tax-
ing iron ore pronerties, which has stood the test
of ten years and many contests in the courts.

     Doctor 1.McVey is both an economist and educator.
He has written many books and numerous articles.   His




 






     articles have apneared in the Independent, the Yale
     Review, Ponular Science Monthly, School and Society,
     Scandinavian Review,Journal of Political 3conomy, Am
     erican Journal of Sociology and others.   The best
     known of his books are the History and Government of
     Minnesota, Modern Industrialism, the MJaking of a
     Town, Railroad Transportation and Business Economics,
     which is just off the oress. He has lectured in many
     states, and in 1913 delivered lectures before the
     University of Christiana, in Norway.   In commenting
     upon these the American Minister said in a letter to
     Judge 'N. C. Youhg, the President of the Board of
     Trustees of the University of North Dakota:

          "The Rdctor and prominent members of the fac.l-.
     ty snoke to me highly. of the lectures, and the Dress
     comments were all complimentary.   Doctor 1MlcVey's fine
     personality captivated the academic circles and all
     others with whom he came in contact. 'The visit wat
     a most gratifying introduction of the University of
     North Dakota to the Unriersity of Christiana, and in-
     spired resnect for Americm scholarshin.   It was
     creditable and satisfactory in every way."

          This is a brief outline of the work which has
     been accomplished by Doctor McVey. Your committee
     unanimously recommends him to be President of the
     Unlversity of Kentucky, and it believes that if
     Doctor Mo lVey is elected and accents the place, he
     will make of the University what we all hone it to
     be.

                             Respectfully submitted,

                                  Richard C. Stoll, Chairman
                                  Paul P. Boyd
                                  George Roberts
                                  W. 1. Freeman
                                  F. M. -McKee
                                  J. I. Lyle,
                                  Robert G. Gordon.


     The Committee further recommended that Doctor McVey
be paid a salary of $8750 a year as President of the Univer-
sity, and that the University rent to him the Mulligan house
and premises for t250.00 per year.

     The Committee further recommended that the Mulligan house
be put in proper condition and in proper repair for the oc-
cupancy of Doctor McVey, and that it be kept in proper repair
by  the University during the occupancy of Doctor ?,lcVey; and
Mr. Stoll,. as Chairman of the Committee, moved for the Commit_
tee that the report in its entirety be adopted, and that
Doctor McVey be elected President of the University upon the




 







terms and conditions reported by the Committee, and that' the.
recommendations of the committee relative to the Mulligan ho use
be adopted by this Board.   This motion was seconded by Mr.
Johnston.

     Chairman Stanley then called for remarks upon the moti-on
and a general discussion ensued, the various members of the
Board taking part, concerning the recommendations of. the Gom-
mittee.

     The- motion was adopted unanimously by a rising vote, and
the. Secretary was instructed formally to notify Doctor McVey
of his election to the Presidency of the University, which
was done in the follo*ing communication:

                               August 16, 1917

     Frank-L. 31cVey, Esq.,
          University of Xorth Dakota,
                Grand Forks, North Dakota.

     Mvy d-ear Sir:-

                As I wired you last night, the University oJf-:;
     Kentucky on yesterday unanimously elected you President
     of the Univ ersity, and I have been directed by the B o1ard'
     of Trustees thus to formally notify you of your election..

          The resolution of the Board provides that you are
     to receive a salary of $8500 net per year, and the use
     of the house recently bought by the University, from the
     -estate of James H. Mulligan, as a residence.

          The resolution further provides that this house be
     put in proper condition and repaired so that it will :be
     a suitable and convenient place for you to live.

           I would appreciate it if you will advise me of your
     acceptance of this position at your earliest convenience.

                                  Very truly yours,

                                        Enoch Grehan,
                                        Secy. Board Trustees.

     ir. Stoll stated that Dctor MAcVey had a-greed to write a.
Monograph on War and Financing of G(reat Britain and while he
hoped that Doctor McVey could come down to the University if
he should accept the Presidency, yet he would of necessity nhave
to be absent while preparing the Monograph.   The Board agreed
thatthis should be done.



Before the foregoing vote was taken, the Board resolved itself




 







into a committee of general discission of Doctor McVey' s qual-
ifications for the Presidency of the University; heard talks
from Mr. Stoll, Mr. Gilbert, Doctor Patterson, Mr. Smith, Doc-
tor Boyd, Mr. Brown, and Mr. Cohen, with reference to the fu-
ture work of the University and Doctor McVey's connection with
it.

     In this connection, Doctor Patterson said in substance:

     I suppose I am the only member of the Board of Trustees,
     outside the Committee, that discussed the Presidency wlith
     Doctor McVey, who enjoys more or less intimate knowledge
     of Doctor McVey and his work as a member of the National
     Association of State Universities, of which Doctor 7MAcVey
     is also a prominent member.  I have had the pleasure to
     meet him and to hiear him sneak. He is the character of
     man I would like to know better. He has a pleasing per-
     sonality, and is admirably educated.

          He is one of the younger members of that notable
     association and is one of the most Prominent figures
     among the younger men of that organization, comprising,-
     as yon know, in its membershin, men of the most outstand-
     ing prominence in the educational world in this country

          It is my personal recollection that Doctor MqcVey,
     on occasions of the meetings of this body, never failed.
     to express himself other than intelligently and eminent-
     ly to the point.

          I am gratified that this Committee has acted so.
     promntly and has done its work so efficiently.   I do not.
     know at this moment of a better man who is ava-ilabie-a
     among the younger membership of the organization of StaFtte
     Universities, who could have been chosen for the Position
     with which you are now about to honor him.   IJb~elieve, Af
     I remember correctly, that Doctor M:IaVey was one of the
     first men I suggested to this Board as an eligible man for:
     this position.  I Presented several names, however, by
     way of suggestion, I understand the Committee saw him and
     is pleased with him.

          My only regret is that he could not find it conven-
     tent in the press of matters in which he is engaged, to
     visit the University personally and meet the members of
     this Board of Trustees.

     Mr. Stoll, following Doctor Patterson, said that an invi-
tation had been extended to Doctor McVey to visit Lexington
and go over the problems affecting the University, but that he.
regretted teat Doctor McVey could not come at this time. Mr..
Stoll also said in this connection that Doctor McVey was one of
the fetw inen w-nom t We Committee considered who had not been B.
candidate for the position.




 





     Governor Stanley, in his remarks concerning what lie knews.
of Pre.sident MclTey, said in substance, that he vias not a.c-
quainted with him nersonally, but knew much of his work; that
President McVey had written the Minnesota Tam Law, a. la  that
had placed Minnesota-in advance of every other state ,in thel
Union, in the field of scientific taxation; that the new t)ax
law of Kentucky had been based, in large measure, upon the
Minnesota law, and that this law ,as the envy and the admi~ra-
tion. of every lawyer and student of economics who had given.
similiaf problems consideration.

     Concerning the assignment by tile Government of Doctor
M'cVey to the task of preparing a-monograph on the European
War, Governor Stanley said further in substance:

          I recently reviewed young officers at Camp Benj3a-
     min Harrison.  While there I had occasion to meet a-.young
     man'-who is the son of a. Prussian Officer, and who had.:
     knowledge of the conditions that now obtain in Eur-ope.
     He said the pott where the break would come first in- that
     great conflict would be in the country whose syst em of
     financial resources crumbled first.

          This monograph that Doctor McVey has been engaged
     to Drepare treats to vitally of this very subject that
     the tribunal that selected himi to prepare it, selected
     a man to perform a service on which hangs the destinies.
     Of nations, because this monograph will be used by our ..
     leaders in the future work of financing the war activiles;
     of the Allies.  This tribunal must have known of the mag-
     nitude of the work before the man it sought to nerform.
     it, and hence, to mytind, the selection of Doctor MCV-ey
     to write that monograph is in itself an outstan.ing and
     signal recommendation.

          In the election  therefore, of Doctor McVey as: the
     President of the University of Kentucky, the University
     will enjoy the honor and the distinction of having, in
     the Head of this Institution, the author of this remark-
     --ble paper,  I believe, therefore, we are neculiarly for-
     tunate, and certainly will enjoy outstanding prominence
     in this particular.  I congratulate you and the State uSpon
     the selection of this Committee.

     Other remarks upon the selection of Doctor McVey, by
members of the Committee and Members of the Board were of like
tenor.

     President Patterson moved that a vote of thanks be liven
by the Board of Trustees to the Committee who made the fore-
going report which resulted in the election of President McVey,
Said he:

          I do not believd there lIss been a report made to
     the Board of Trustees of this Institution in the forty




 






     years with which I have been interested in and connected
     with its activities, that has represented more fully :the
     best interests of this Institution.   I believe that each
     member of that Committee has done his whole duty to the-,
     State, realizing that this Institution is the biggest asset
     in the Commonwealth of Kentucky.   I believe we are now..
     on the eve of an opportunity that will make the State famous
     in educational activities throughout the South, the Nrorth
     and the West.  I believe that we lave eminent reason -to
     congratulate ourselves on this day's work.

     Doctor Patterson's motion, duly seconded, was unanimously
     adopted by a rising vote.   In this connection, Wovernor
     Stanley said:

          0Nt greater responsibility was ever imposed on -any
     committee of this Institution than that which was imposed
     upon the Committee delegated to make recommendation -of a
     President of th'is University, and none has ever undertaken
     the task with a more profound regard to the se'riousness
     of its duty.  Each man, to my knowledge, has forgotter-
     himself in this undertaking, and has risen to the deman ds
     of that sacred resoonsibility with a lofty sense of the
     imoort of this recommendatioh. The committee se-ems to` have
     been impressed with the belief that the destiny of this
     Institution was in its hands. They practically abandoned
     their own business when they took up this work, and :I:
     believe this selection will se a. monument to their good
     Judgement and loyalty."

     tMr. Gordon then moved the election of President Henry -S.
:Ba.rker as Vice Prresident of the University of Kentucky for; a
term ending September 1, 1918, at the same salary he now rem-.
ceived.  Duly seconded, this motion was unanimously a d o pted by
viva. voce vote.

     Mr. Stoll moved that a slip, containin g the announcement
of the elect ion of President McVey and a sketch of him, be
printed by the Secretary of this Board and enclosed as a foldier
in the renort of the Board of Inquiry, now in nrocess of -pub-
lication by the State Printer, and that the same be maniled. in
such copies of' the said inquiry report as are to be sent to the
Alumni of this Institution.   Duly seconded, this motio)n was
adopted unanimously.

     Addressing the Board, Mr. Brock stated that it' had been
reported that a .member of the faculty of the Unive.r sity had
made an address to students of the high school at Ghent, Ken-
tucky, which was highly atheistic in its utterances, and named
Professor E. F. Farquhar as the Professor who made the address.
He said that he had heard considerable comment of an unfriendly
nature upon the utterances of Professor Farquhar, and that cert-
tain church publications and private citizens had been out-




 







spoken in their condemnation of the University for permit-
ting a mem-ber of its faculty to make a public address of this
nature. Mr. Brock then moved thpt Professor Farquhar's resig-
nation from the faculty be requested. Senator Froman seconded
the motion.

     In remarking upon this motion, Mr. Gordon, who had served
as Chairman of the Board of Inquiry, arose end said in sub-
stance:

          That the charge against Professor Farquhar had been
     presented to the Board of Inquiry anda:duly considered
     in the light of the evidence that the Board could not
     obtain at that time, and that it had decided that there
     was not sufficient evidence to convict Professor Far-
     quhar of the charge against him, and had so renorted to
     this Board in its meeting June 8, 1917.

          He explained that it was impossible at that time to
     get any one from Ghent, Kentucky, to go~.into sufficient
     details of the Farquhar address referred to, to give the
     Board of Inouiry ground for adverse action a~gainst.Profes-
     sor Farauhar.

     Senator Froman then arose anrd read from the Western Re-
corder a statemrrnt affecting the Farquhar address at Ghent,
Kentucky, purporting to give an account of Farquhar' s. address
before the high school at'that place. 'He also read a letter
from the .Honorable George C. Sehorn, criticiSiilg the Farquhar
address from the viewpoint of its attitude toward religion.

     In response to Senator Froman, Mr. Gorden went into the
matter further and said that Professor Farquhar was member in
good standing of a protestant church; that he had been teach-
ing in the Sunday School oF a church in this city, whose miniis'-
ter had appeared before the Board of Inquiry and had given..
testimony with reference to the Ghrent address; that it -had been
disclosed at that time that the minister himself had insisted
that Professor Farquhar continue teaching in the Sunday School
of his church  and had even offered to-remunerate him for the
service; thatkie was a teacher of a Bible class in that church,
and,-that Farquhar himself had stated to the Inquiry Board that
in his talk to that class he had reflected similar views   to
those he presented in his address at Ghent.   'I accord to
every man the right to have his own views concerning religion,
I have mine.  I doubt the authority or the propriety of this-
Board to ston any man from expressing nis religious views."

     Mr. Gilbert-- in my judgm-ent, Professor Far-quhar had no
right to use a high school occasion to air religious views,
The University is teaching ehildren from families who hold var-
ious views on religion, and in my opinion, no nrofessor has a
right to teace his specific or Particular views on religion,




 





because the University is not a sectarian or denominational schoo-l.

     Governor Stanley--,"I do not believe, Gentlemen, that it
is wise to act in this case upon the inter-Dretation of the
paper referred to          tere, or the author of-the letter read by
Senator Froman, because you well knovw that the interpretations
of all of us, on matters affecting religion, vary with view-
points of the interpreters, and th: only action, in my onin-
ion, that would be wise, vwo;.ld be action  based upon specific
facts concerning the address made by Professor Farquhar."

     After remarks by Doctor Amon, Dator Patterson, Mes-srs.
Brown, McKee, Brock, the motion originally made by Mr. Block
was put to a vote fend lost.

     Chairman Stanley then submitted the following resolution:

          As the University is a State and not a denominational
     Institution, this Board is opposed to its ins-tructors-`
     teaching any carticular creed or religious belief, and it
     is the sense of this Board that such instructor should not
     digress from the cur-iculum prescribed, by attempti--ng :to im-
     part any particular religious belief or give expression .to
     opinions that are irreligious and certainly improper: ;to
     make at any time any sacreligious or scoffing rema-rks about
     religion.  Seconded by M1r. Mc Kee, this resolution was
     adopted-unanimously-by viva. voce vote.

     Mr. Stoll submitted the following opinion from the At-
t-orney General of the State concerning the election of a Pries-
.idsvk't of the University to succeed President H. S. Barker,:
which is self explanatory and which was ordered spread upon
the minutes as a matter of record:

                                      July 9, 1917.

     Mr. -Riohard C. Stoll,
     Lexington, Ky.

     Dear Sir;-

           We have your letter of June. 26th in which you
      state that you, as chairman of a. committee appointed
      by the Governor to recommend to the Board of Tra stees
      a man for the President at the University of Kentucky,
      have been asked to procure an opinion from this de-
      partment as to whether the President of the Univer-
      sity is a pniblic officer within the meaning of the
      Constitution.  You state that it is the intention of
      the committee to recommend the strongest and best man
      that can be obtained for the podition.

           I have had some diff ficulty in arriving at a con-
      clusion on this subject. So far as my invistigation
      discloses this question has never been passed upon by
      any court in this state and I am sure it has never




 






been before the Court of Appeals.

     The statute which authorized the employment of
a President for the University is not at all conclu-
sive in its terms.  Sub-section 16 of Section 4836c
is in part as follnews:

     "They (the Board of Trustees) shall 1,ave al so
power to appoint nresidents,' professors, assistants.
tutors, and other officers, and to determine the sal-
ary, duties and official relations of each; and shall
provide for a definite salary in money attached to a:ll
positions created and filled by the Board of Trustees;
and there shall be no additions thereto in the form of
fees, nerquisitions, or emoluments or any kind what-
ever.  They shall hnve full nower to suspend, remove,
at will, any of the officers, teachers, nrefessors r
agents whom they are authorized by law to appoint,
and to do al-l other acts which may be needful for the
welfare of the institition ."1

     It will be observed the statute does not pre-
scribe any qualifications either as to age or as to
professionrl experience or attainments.   It does~snot
provide that the president shall be a resident of Ken-
tucky or that he shall be under oath of execute bond
end it specifically provides teat he may be removed
at the will of the Board of Trustees.    The statute
does not provide, in detail, the duties of the -oresi-
dent but makes him subject to the supervision and con-
trol of the Board of Trustees and requires him to reim=
port to t he Boa d of Trustees.  I is therefore evident
that a number of the requirements exacted of a public
officer are lacking.

     The Court of Appeals in the case of City of Louis-
ville vs. Wilson 99 Ky. nage 604 uses the following
language:

     there are various tests by which to determine
who are officers in the meaning of the law, in cases
of uncertainty the intentions of the law makers control.
To constitute an officer it does not seem to be mater-
lal whether his term be for a period fixed by law or
endure at the will of the creating power; but if an
individual be invested with some portion of t-he func-
tion of the government to be exercised for the bene-
fit of the public he is a public officer."

     And again in the case of Perkins vs. the Auditor
79 Ky. 310 the following language was used:

     "Tae term "epublic officer" does not apply to any
officer except those who are paid out of the public




 






treasury.  It has no reference to cases where the corm-
Tensation of the officer is derived from the fees -of
his office, nor to any salary not naid out of the pP-Lb-
lic treasury."

     From these oninions it is aonarent that the lang-
uage of the statute above quoted does not make it. cone
clu-sive that the oresident of the University is an- of-
ficer or that he is not an officer. There is no ques-
tion but what the State University is a public insti-
tution and is performing public service. The statute
above quoted from uses the word' "officer" in conn'ec-
'tion-with the president, professors, etc., but I am
inclined to the opinion that the word as used there
means officer of the institution rather than.-.offic;'e'r
within the meaning of the constitution.

     Section 234 of the Constitution orovides that
all civil officers for the state at large shall r.e-.
sid'e within the state.  If the president of the Unitver-
sity should be held to be a public of ficer within th~e
meaning of the constitution, the Board of Trustees will
be confined to the State of Kentucky in the appoint-
.ment 'to that important -osition.  ! do not believe
that it was the intention of the General Assembly'-'to
so limit the Board of Trustees in the employmentb of
one to fill such an important position.   I am inclined
to think that the General Assembly intended that 'th-e,
Board should appoint the president of the Univer-siy
regardless of where he might reside and for tha't rea-
son that it was not 'the intention to make the po3sition
a. public office.

     7 Cyc. at page 296 uses the following language:

"To constitute one asn instructor it is not necessary
that 'he be formally employed While it is sometimes'
provided, either by the statutes or by rule of the in-
stitution that the pannointee assume his position sub-
ject to removal at the discretion of the governing
board, his relation is ordinarily a purely contractural.
one, subject to the rule of law governing such a. re-
lation."1

     In the case of Butler vs. State University 32
Wis. 124 the court specifically held that a professor.
of the state university was not a public officer with-
in the meaning of thie Constitution of Wisconsin.

     In view of these authorities and of the evident
necessity of the Board being given greater latitude
in the empolyment of a president, teachers, etc., of
the University and of the failure of the General As-
sembly to exact certain thinks of them that are exacted




 










of pub-ie officers, we have rec-,ched the conclusaion tiat
the president of the university is not a public offi-
cer within the meaning of the constitution -that: renuir-s
e. public officer to be a resident of the Stat e o.f , eu-
twicy or I imits the salary of the offices to V50O: ere
year.

     Board adjourned subject to call of the Cha.irmin.n

                             Respectfully,


                          (signed) 2noch Grehan
                                   Secretary