Repository: UIHistories Project: Board of Trustees Minutes - 1916 [PAGE 185]

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1915]

PRQC'EBDINGS OF THE BOARD OF TRUSTEES.

185

mission; this appointment superseding her previous appointment as Cataloger in the Library. (December 16, 1914.)

MATTERS PRESENTED BY PRESIDENT JAMES. The board proceeded to the consideration of the following matters presented by President James:

(1) The following statement: At the last meeting of the Board of Trustees I presented a letter, addressed to the Board of Trustees, offering to give the sum of $5,000 to the University of Illinois to serve as a nucleus for a students' loan fund to be known as the Margaret Lange James Student Loan Fund (see page 165). I have prepared a proposed deed of gift, which I have submitted to the Counsel of the University, with a request for his opinion as to the power of the board to accept such a gift on the conditions indicated. I herewith submit the proposed deed of gift and the opinion of Judge Harker: [Judge Harker's Opinion.] January 22> 1915. President Edmund J. James3 University of Illinois. DEAR S I R : Complying with your request for legal advice as to whether the Board of Trustees of the University has power to enter into a contract in accordance with a proposed deed of gift for the establishment of a students' loan fund in the University as outlined by the document submitted to me, I am pleased to report.that I can see no legal objection to the Board of Trustees so contracting. In the limited time allowed me, I am unable to make an exhaustive search as to whether the questions involved, or those kindred to them have been passed upon by courts of last resort in any of the states. I very seriously doubt my ability to find a kindred case for the reason that the provisions imposed in the organic law of the University are not paralleled by a similar act in any of the states. It will be observed that the Board of Trustees, under the organic act of 1867, is given very large powers when undertaking to perform the main functions contemplated by the act. .There is nothing in subsequent legislation curtailing its powers. In deciding upon the validity of a proposed act or agreement, we must look to the general purpose and intention of the Legislature in establishing the University. The board is justified in doing any act and in entering into any contract not expressly prohibited which may carry out the legislative intent. The State, recognizing that the welfare, prosperity, and happiness of its future citizens will be in large measure secured through their established university, placed its development and control in a Board, of Trustees empowered to enter into all contracts by which the purpose can be accomplished. The doors are thrown open to all of the youth of the State to the end that they may receive instruction in higher education, and thereby become better and more useful citizens. The more of the youth of the State that can receive such instruction, the greater the interest to the State, and more completely will be fulfilled the purpose of the Legislature in establishing it. In that view it is unfortunate that worthy young men and young women expecting to become permanent residents of the State should be denied the privilege of the University because of poverty. That was the controlling idea in the establishment of the free school system in Illinois. There is a certain harmony between our. free school system and the University in that respect that has been observed by all of us. What possible legal objection, therefore, can there be to the board accepting a gift of this character and undertaking to carry out the terms imposed? I confess I can see none. I call attention to the contract by which the Snyder Loan Fund was created. This proposed gift is \ along the same lines and embodies all of its essential features. I see that the committee to which was referred the proposition of Prof. Snyder in 1899 was composed of three men educated to the law, Dr. Draper, Capt. Smith, and the Hon. Alfred Bayliss. The committee had the matter under consideration for three months, and I am told consulted with and were influenced by the late George Gere, as to the legal aspects of the matter. Mr. Gere was recognized as one of the ablest and most cautious lawyers in the State of Illinois. Sincerely yours, [Proposed Deed of Gift.] THIS INDENTURE made and entered into this day of , 1915, by and between Edmund J. James of the city of Urbana in the State of Illinois, party of the first part, and the Board of Trustees of the University of Illinois of the State of Illinois, party of the second part. WITNESSETH : That the said first party, in consideration of the covenants and agreements hereinafter contained, and of the sum of one dollar ($1) to him paid, doth covenant and promise that he will convey, give, and deliver to the Treasurer of the second party, for the custody and control of the second party, the sum of five thousand dollars ($5,000) in cash, to be used by second party in the establishment of a students' loan fund in said University, to be forever known as the Margaret Lange James Student Loan Fund; the purpose of which shall be to aid in the maintenance and education of deserving and meritorious students of said University, preferably women, who have completed two full years of work in the University of Illinois and who by their character, intellectual capacity, and physical vigor give distinct promise of rendering valuable service to their day and generation. The said first party reserving to his daughter, Helen Dickson James, during the term of her natural life, the payment from the second party of an annual interest of 5 per cent per annum upon said sum of five thousand dollars ($5,000), payable semi-annually.

O. A. HARKER.

MARGARET LANGE JAMES LOAN FUND.