Repository: UIHistories Project: Board of Trustees Minutes - 1944 [PAGE 250]

EXTRACTED TEXT FROM PAGE:

1943]

UNIVERSITY OF ILLINOIS

247

istration of the student loan fund, and to supervise and assist in the collection and adjustment of loans; that the University Counsel, under the rules of the board, is ultimately responsible for the collection of the loans, but that Hodges performs most of the actual work in connection with the administration of the loan funds. It is alleged that inasmuch as the student loan funds represent gifts from many individuals, and the board acts as trustee of these funds, it is imperative that the board alone control the hiring and firing of the staff members charged with the duty of administering the funds. T h e third division describes the duties of relator Johnson. Johnson became a member of the university staff in 1926, as Professor of Law and Legal Counsel, succeeding the late Judge O. A. H a r k e r in the latter position; that his title was changed in 1931, and in September, 1941, Johnson was designated in his written contract with the board as Professor of Law and University Counsel, at a salary of $9000 per y e a r ; that no apportionment of his compensation was made between his duties as professor and counsel; that the business office has since certified payroll vouchers to the Auditor of Public Accounts under the designation of "Sveinbjorn Johnson, Professor and Counsel." Johnson's duties as Professor of Law consist in teaching such courses in the College of Law as may be assigned to him, consulting with students, and supervising the preparation of law review notes. As University Counsel, his duties include preparing and checking legislative bills which affect the University, counseling with the president on administrative problems of mixed law and fact, collecting delinquent student loans and representing the board when requested. His primary status, however, is alleged to be professorial. T h e fourth division is devoted to an exposition of the duties and activities, professorial and administrative, required by the board of many of the staff members of the university. For example, the Director of the Library is also the Director of the Library School and Professor of Library Science, the Provost of the University is also dean of one of the colleges and the Dean of the College of Medicine is head of the Department of Bacteriology, Pathology and Public Health and Professor of Pathology. Some staff members hold titles with other State and Federal departments; a Professor of Chemistry is, for example, Director of the State Water Survey and paid by the State Department of Registration and Education, whereas, the Dean of the College of Agriculture is also Director of the Extension Service. F o r his services in connection with the extension service he is paid with Federal funds. Since 1906, the board has appointed one of the professors of law as Legal Counsel, or University Counsel. Johnson has held this position since 1926. His salary is paid by payroll vouchers certified to the Auditor of Public Accounts showing that he is employed as "Professor and Counsel." Other members of the College of Law faculty are also called upon for technical services, such as serving on the University Civil Service Committee, Committee on Accountancy, and University Retirement Committee. Johnson serves as secretary of the Committee on Patents, and in so utilizing his ability the board is merely following the procedure commonly adopted in university administration in other colleges. In the fifth division the events leading up to the present action are set forth. It is alleged that during 1041 and 1942 the Attorney General suggested from time to time that he should select the counsel for the board. The board discussed the question at a meeting held April 22, 1942, at which time it took no action but informally indicated that it was satisfied with Johnson. On the same day the Attorney General wrote Johnson a letter purporting to accept his resignation as Assistant Attorney General and University Counsel. It is alleged that no such resignation had been submitted by Johnson. On May 7, 1942, the Attorney General advised the board and the President of the University by letter, that he had accepted the resignation of Hodges as assistant to the University Counsel, and Johnson as Assistant Attorney General and University Counsel. Also, on May 7, 1942, the Attorney General advised the Auditor of Public Accounts of the purported resignations, and directed the Auditor to cease issuing salary warrants to Johnson and Hodges as counsel and assistant counsel for the university. It is alleged that the Attorney General has never