Repository: UIHistories Project: Board of Trustees Minutes - 1924 [PAGE 420]

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1924]

UNIVERSITY OF ILLINOIS

417

In the act to regulate the University, approved M a y 7, 1873, there appeared in section two a similar provision which was amended in 1887 to read as follows: "Said Board of Trustees may appoint an Executive Committee of three chosen out of their own number, which committee, when said Board is not in session, shall have the management and control of the University, and of its affairs, and for that purpose shall have and exercise all the powers which are necessary and proper,for such object, except in so far as the Board may reserve such powers to itself, and any powers granted at any time by said Board to such Executive Committee, the Board may at any time revoke." The language used in the act of 1867 clearly shows a legislative intent to vest the Executive Committee, when the Board was not in session, with all the powers of management and control which the act conferred upon the Board. In other words, during the time intervening the sessions of the Board, there were to be no limitations on the powers of the Committee other than those imposed upon the Board. It will be observed that the language employed in the act of 1887 differs from that of the act of 1867 with reference to limitation of the committee's powers. The words "except in so far as the Board may reserve such powers to itself and any powers granted at any time by said Board to such Executive Committee the Board may at any time revoke," show die limitation which the legislature desired. Although section 2 of the act of 1867 has not been amended, the provision contained in the act of 1887 must control under the well recognized canon of construction that where two legislative acts upon the same subject differ, the one last adopted must prevail. In m y opinion, the powers which the Executive Committee may exercise in the management and control of the affairs of the University when the Board i s not in session are unlimited except as to powers which the Board may reserve to itself. The expression "and any powers granted at any time, by said Board to such Executive Committee the Board may at any time revoke" justifies no such contention as that the acts of the Committee may be subject to the approval of the Board. Except as to powers reserved the Committee has full power to act for and bind the Board to the same extent as the Board while in session. To make its acts subject to approval by the Board would do violence to the spirit of legislation on the subject. Since the law specifies that the Committee shall, when the Board is not in session, have all the powers of the Board excepting those reserved, the acts of the Committee within the sphere of its authorization arefinaland the approval or disapproval of the Board would not effect the validity of any act performed by it. If at any time the Board should be of the opinion that the Committee, while acting within the sphere of its authorization, i exercising some function which s should be exercised by the Board, it may revoke or curtail, but its order in that respect would not be retroactive. Respectfully submitted, 0. A. Harker Legal Counsel This report was received for record. PURCHASE OF LOT 56 IN COLLEGE PLACE {16) A recommendation that a recommendation of the Superintendent of Business Operations that Lot 56 in College Place be purchased from Mr. L. J. Machin for $2200, this price being subject to the 1923 taxes and this year's lighting assessment, be approved and that this purchase be authorized and the sum of $2200 be appropriated from the Reserve and Contingent fund, for this purchase. This purchase w a s authorized a n d the appropriation w a s m a d e by the following vote: A y e , M r . Armstrong, M r s . Busey, M r s . Evans, M r M r Grigsby, M r . Noble, M r Trees. M r . Blair, s . s . Blake, M r . Small, M r . . Trimble; no, none; absent,