Repository: UIHistories Project: Board of Trustees Minutes - 1912 [PAGE 616]

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572

UNIVERSITY OF I L L I N O I S .

[March

19

University to approve the nominations of the faculty of the Graduate school. for appointments to these fellowships and scholarships. The vote was as follows: Ayes, Mr. Abbott, Mrs. Bahrenbnrg, Mr. Blair, Mrs. Busey, Mrs. Evans, Mr. Grout, Mr. Hatch^ Mr. Hoit, Mr. Moore; noes, none; absent, Mr. Anthony, Mr. Deneen, Mr. Meeker.

REPORT ON CASE OP THOMAS O'BRIEN. (10) The following report from Dean O. A. Harker, University counsel, concerning the application of Thomas O'Brien for indemnity from the University for an accident which occurred on the University campus:

IN RE THOMAS O'BRIEN.

To the President and Board of Trustees of the University of Illinois: Some time ago you requested me to ascertain the facts and submit an opinion in the case of Thomas O'Brien, who was injured while in the employ of the University. I.beg to submit the following: The facts as I have been able to gather them from the witnesses are as follows: On .the afternoon of April 8, 1911, O'Brien, who was under the supervision of the superintendent of grounds, was ordered to assist in removing some concrete beams from the Concrete' Laboratory to the Laboratory of Applied Mechanics. When he arrived at the Concrete Laboratory, where a beam was being loaded on a wagon driven by another employe of the University, O'Brien ordered a change in the position of the beam, and seemed to act as foreman of the loading and transferring crew. When the beam was finally loaded to«. his satisfaction, several employes, including O'Brien, got onto the wagon to ride around with and steady the beam. After turning into Burrill avenue, and while the "wagon was being driven toward the driveway leading to the doors of the Applied Mechanics' Laboratory, because the hind wheels of the wagon did not hit the curbstone squarely, the beam was knocked off the wagon, carrying O'Brien with it, causing the injuries of which he complains. For two reasons I am of the opinion that O'Brien has not a claim against the Board of Trustees that could be enforced in a court of law. First—The form of action available to an employe injured through the negligence of his employer is in tort. The Board of Trustees of the University of Illinois is a public corporation, acting for and in behalf of the State. Charged with the duty of making provision for the education of the present and future citizens of the State, in a manner authorized by the General Assembly, it is but a mere agency of the State. By the Organic. Act of 1867 and the subsequent acts relating thereto, manifesting the legislative purpose to create and maintain a public State institution for the improvement of its citizens, it clearly appears that the purpose should be fulfilled through the medium of a public corporation. The powers of that corporation are limited to the will of the Legislature. The means to carry on the work are provided by the Legislature, and cannot be diverted from the specific purposes directed by acts of appropriation. True,, the Legislature has vested it with the "power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to acquire, hold, and convey real and personal property," but, exercising any of the powers enumerated, it acts as a mere agency of the State. Its right to bring a suit and its liability when sued must be limited to actions ex contractu—actions, arising from the violation of contracts, express or implied. It is not liable in a tort action. Second—I have been unable to obtain from the statement of the witnesses to the unfortunate accident any evidence of negligence on the part of the