Repository: UIHistories Project: Board of Trustees Minutes - 1944 [PAGE 251]

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248

BOARD OF TRUSTEES

[January 23

certified the names of Johnson and Hodges to the Auditor of Public Accounts, on his payroll for salary warrants, and that the only payroll vouchers on which their names have appeared were those certified by the University of Illinois. It is also asserted that the Attorney General has no power to ask for, or to accept, if tendered, the resignation of any member of the university staff. On May 29, 1942, the Auditor of Public Accounts informed the Comptroller of the University that in accordance with the request of the Attorney General it would be necessary for him to withhold the warrants payable to Johnson and Hodges. Since that time it is alleged that the Auditor has refused to issue or deliver any salary warrants to either Johnson or Hodges, although requested to do so and although the Comptroller of the University has duly certified payroll vouchers for both, each m o n t h ; that the Auditor has also withheld a warrant for $8.40 payable to Johnson for expenses, since August 13, 1942. T h e board met on May 16, 1942, and authorized the continued drawing of vouchers payable to Johnson and Hodges. At a meeting of the board held June 20, 1942, Johnson was appointed Professor of Law and University Counsel and Hodges was appointed Assistant University Counsel for the academic year 1942-43, at the same salaries which they had theretofore received. On August 18, 1942, a petition for mandamus against the university and the board was filed in the circuit court of Cook county, by one Earl Zazove. T h e President of the University as agent for the board, directed Johnson to appear as counsel for the defendants and to prepare and file an answer in the cause. Johnson filed an answer in which he set up the justification for the action of the university in refusing to admit Zazove. This answer was filed on August 24, 1942. On August 28, 1942, the Attorney General filed a motion to strike the answer filed by Johnson, on the grounds that the Attorney General and not Johnson, was the legal representative of the university and the board, and that Johnson's appearance and answer were unauthorized. On August 29, 1942, the board met and formally ratified the action of the president directing Johnson to appear as counsel for the university and board, in that cause. The board has never authorized the Attorney General to appear for them in said cause. T h e motion of the Attorney General in that case was filed after the return day of the summons. It is alleged that if Johnson had not filed an answer, the university would have been defaulted and convicted of racial prejudice, and would have lost its accredited standing, to the detriment of the people of the State of Illinois. It is not alleged that the Attorney General was ever notified by the university or the board of the pendency of said suit or the service of process on either of them. T h e sixth division of the petition deals with the practice of former Attorneys General. It alleges that such former Attorneys General recognized the position of University Counsel and its occupant as the proper representative of the university and the board. Copies of letters from three former Attorneys General, addressed to Johnson, are set out, in each of which his position as legal advisor to the university is alleged to have been recognized. T h e petition refers to numerous cases since the organization of the university in 1867, in which the Board has been represented by counsel other than the Attorney General. It is further alleged that since 1006, when the position of Legal Counsel was created, the salary for that position has appeared annually in the internal budget of the University and biennially in the report of the board to the Governor. It is alleged that such report is also distributed to members of the General Assembly and that the General Assembly bases its appropriations for the University upon such report. T h e seventh and final division of the petition alleges that the attempt of the Attorney General and the Auditor of Public Accounts to remove Hodges and Johnson from the staff of the university against the will of the board is an infringement of the rights of the board, menaces its independence as a public corporation, and operates to deny to relators due process of law. It alleges that the conduct of the Attorney General and Auditor is in violation of sections 1 and 2 of article II of the constitution of the State of Illinois, and of the fourteenth amendment to the constitution of the United States. T h e petition is replete with statements with reference to the practice in