Repository: UIHistories Project: Board of Trustees Minutes - 1914 [PAGE 672]

EXTRACTED TEXT FROM PAGE:

670

UNIVEKSITY OF ILLINOIS.

[December 13,

(14) Also, a recommendation that the President of the Board of Trustees be ^authorized to purchase the lot a t the northeast cornor of Honore and West Harrison streets, Chicago, fronting 126 feet on West Harrison Street and 72 feet on Honore Street, immediately across Honore Street from the building occupied a t present by the College of Dentistry, a t a price not to exceed the valuation recently placed upon it by the committee of the Chicago Real Estate Board (see minutes of July 23, 1913, page 629), namely, thirty thousand six hundred dollars ($30,600)—twenty-one thousand six hundred dollars ($21,600) for the land and nine thousand ($9,000) for the buildings; and that in case the President of the Board is not able to acquire this property a t the price named, the legal counsel of the University be instructed to begin condemnation proceedings to acquire i t ; and further, that the supervising architect be instructed to submit plans for a fireproof building to be erected upon this site to house the School of Pharmacy and the Library of the Colleges of Medicine and Dentistry and the School of Pharmacy.

On motion of Governor Dunne, the first of these two recommendations, providing for the renewal of the lease for the present quarters of the School of Pharmacy, was referred to the Committee on the College of Medicine and the School of Pharmacy, for consideration and report; and the second recommendation, relating to the purchase of the lot on the corner of West Harrison and Honore streets, was referred to the Finance Committee for consideration and report. At this ftoint Governor Dunne and Mrs. Henrotin withdrew. REPORT ON THE DEATH OF JAMES W. NORTH.

(15) A report from Mr. William H. Browne, Secretary of the College of Medicine, concerning the death of Mr. James W. North, Caretaker and Embalmer in the Dissecting Department of the . College of Medicine, together with an opinion from the Legal Counsel of the University with reference to the liability of the Board of Trustees in this c a s e , : . ' " " . . [SECRETARY BROWNE'S LETTER.] December 6, 1913. Dr. Edmund Janes James, President, University of Illinois, Urbana-Champaign, III. MY DEAR DOCTOR JAMES : I regret to report a distressing accident which occurred in the College of Dentistry Building, presumably on the afternoon of Friday, the 5th inst. James W. North, who has been caretaker and embalmer in the Dissecting Department, was found dead a t the bottom of the freight elevator shaft by the night watchman on his rounds this morning, about five o'clock. I t is supposed that he thought the freight elevator was on a level with the fourth floor dissecting room and backed into the shaft, pulling a table, on which there was a cadaver, in after him, as the cadaver and table were found on top of him. Mr. North has been an efficient and faithful employee for the past five years, and leaves a family of a wife and four children. He is one of the employees of whom I spoke with you last Saturday relating to his raise in salary. I do not know what the custom of the University is in such cases, but I respectfully suggest that his check in full for the month of December be sent to his widow at No. 7429 South May Street, Chicago, 111. Regarding the filling of his position, I am' counseling with Drs. Eycleshymer and Rupert and will make you a report in a few days. Dr. Eycleshymer's plan now is to temporarily fill the position with a student assistant, who could take care of the work for the next few weeks while we are looking for a suitable man. Yours very truly,

WILLIAM H. BROWNE, Secretary.

[JUDGE HARKER'S OPINION.] December 9, 1913. President Edmund J. James, University of Illinois. MY DEAR PRESIDENT JAMES : I have yours containing letters from Secretary Browne of the College of Medicine. The Board of Trustees is not liable in a tort action. I t may enter into contract to the extent of an individual or a private corporation; it may acquire property and hold title to the same; it may sue and be sued; but as it acts in a trust relation for the purpose of procuring and maintaining opportunities for education in the State, and is in ho sense a corporation for profit, it is not' liable for negligence. Some time ago I submitted to the Board of Trustees an opinion in which I set forth fully the reasons why the board is not liable in that kind of an action, and I think I cited authorities in support of my position. At all events, I feel quite sure that no liability attaches to the Board by reason of the manner in which James W. North came to his death in the Dentistry Building. I return enclosures. . Sincerely yours, O. A. HARKER, Legal Counsel.

President James stated that in the absence of any action by the board he would direct the comptroller to send Mr. North's salary check for the