Repository: UIHistories Project: Board of Trustees Minutes - 1908 [PAGE 100]

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72

UNIVERSITY OF ILLINOIS.

[ J a n . 23

Earl T. Strong mechanician in the physics department as a salary of $75 a month for eight months from November 1, 1906. Mr. Strong takes the place of Mr. Hays, resigned. Sabra L. Nason general assistant in the library at a salary of $60 a month irom November 1, 1906, until further notice. Mary M. Wetmore instructor in the department of art and design from January 16, 1907, to June 16, 1907, her pay for the service to be $500. V. H. Kadesh assistant in chemistry at $60 a month for eight months from November 1, 1906. Mr. Kadesh takes the place of Mr. Woods, resigned. Agnes Carroll stenographer and assistant in the office of the High School Visitor at $50 a month from October 6, 1906, until further notice. Rosalie Parr assistant in general chemistry at $60 a month from September 17, 1906, to July 1, 1907. H. A. Mattill assistant in chemistry at the rate of $60 a month from October 15, 1906, to July 1, 1907. I also report for record that C. P. A. diplomas have been issued as follows: Harold Bennington, F. W. Menzies, A. K. Todd, and George E. Fawcett. These diplomas have been issued in accordance with the decision of the Attorney General which is presented today for record. I have reappointed— Katherine McCullum Mclntyre, secretary, $1200 a year. Olive Faith Saxton stenographer in the office of the Dean of Undergraduates at $65 a month. Sue Wilson Ford clerk and stenographer in the College of Engineering at $75 a month.

ACQUIRING LAND BY CONDEMNATION.

I t was voted that the University request from the present Legislature the passage of a law giving the University authority to acquire land by condemnation proceeding which may be needed for University purposes, and that Dean Harker be asked to draw said bill.

To the President and Trustees of the University of Illinois: May the University of Illinois condemn private property for the use of the University ? My opinion is asked on the above question. The right by which private property is taken for public use is called the right of eminent domain. While the right is generally conceded to be an attribute of sovereignty, it is uniformly held by the courts in this country that the right remains dormant until the terms and conditions under which it is to be exercised have been prescribed by appropriate legislation. The exercise of the power is a strictly legislative function, and, subject to the rights of the courts to determine whether the use for which property proposed to be taken is a public one and whether the condemnation proceedings have been conducted according to law. The Legislature is made the exclusive judge of the necessity justifying the exercise of the power. Our State Constitution does not attempt to limit the persons or corporations who may exercise the power. It simply provides that "Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be. ascertained by a jury, as shall be prescribed by law." (Ar. 2, Sec. 13.) .The framers of the Constitution left it to future legislators to determine who should exercise the power and the manner in which it should be exercised, with the single limitation that compensation for the property taken should be ascertained by a jury. The Legislature has by enactments, passed from time to time, granted the power to counties, cities, villages, school directors, railroads, canal companies, and other corporate bodies, but has not granted the power to the University of Illinois. I am not advised that any attempt has ever been made to have it do so. The question has been asked> Why may it not be exercised under the general provision of the free school act which allows school directors to institute condemnation proceedings for land wanted for a school house site where the