Repository: UIHistories Project: Board of Trustees Minutes - 1928 [PAGE 753]

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75o

BOARD OF TRUSTEES

[June 2 9

Johnson, Legal Counsel, University of Illinois, Urbana, Illinois. Y o u state in your letter that complaints have been made to you that the University of Illinois is not operating under the said act while it is retailing, on at least two retailing distribution routes, pasteurized milk to anyone w h o m a y desire to purchase it. Y o u further state that the persons making the complaint to you report that the University of Illinois is in the business of operating a pasteurization plant and that it should for that reason procure a license from your Department under the "Pasteurization of Milk Act." Y o u further state in your letter that you wish to be understood as having no desire at all to question the University's activities and that your only motive in asking for a supplemental opinion is to procure from m e in the face of the said complaints m y opinion as to your duty in the premises. In your letter you conclude with the following statement: ". . . w e are giving the above information to you as it has been reported to and obtained by this department and would ask on the basis of that information and any additional information that you m a y obtain from the University whether or not the University is n o w engaged in the business of operating a pasteurization plant." B y reason of the suggestion made in said quoted statement of your letter, I wrote H o n . Sveinbjorn Johnson, Legal Counsel, University of Illinois, Urbana, Illinois, and asked him to procure full information with reference to the University pasteurization plant. This was done after you had agreed with m y office that a conference was advisable in order that this office might be in possession of all of the facts in the case. Mr. Johnson and M r . Ruehe, Manager of the University pasteurization plant, accordingly came to Springfield yesterday and in our conference at your office with you and Mr. Ferguson, Chief Sanitary Engineer of your Department, it appears that w e n o w have all of the facts in the case. In addition thereto, M r . Ruehe left with you a typewritten statement which he had given M r . Johnson, which covers the whole situation, apparently, very fully. After giving the whole matter further careful consideration, it appears to m e that m y opinion, file No. 1400, given on March 27, 1928, to Hon. Sveinbjorn Johnson, Legal Counsel, University of Illinois, Urbana, Illinois, applies with full force to the added statement of facts, written and verbal. I might add that, while it would appear that the University is in the business of operating a pasteurization plant, w e are nevertheless confronted with the fact that the University cannot legally be in business other than teaching. Anything which the University does that is the character of business, etc., is incidental to teaching and is done not as a primary administrative act, but more as a forced incidental necessity. In passing, I might state that the University authorities could be enjoined from conducting a business for business purposes. O f course, the statements, verbal and written, which w e have, disprove that presumption in this case. Aside from teaching the pasteurization of milk to students, the University would have no right to conduct a pasteurization plant. It appeared, plainly, from the facts submitted, that the milk purchased from outsiders was needed to add to the milk produced by the University herds in order to properly bring the students quantity pasteurization production. By way of further exemplification, I wish to state that should w e take the position that the University is conducting the business of operating a pasteurization plant, w e would, in effect, place the University authorities in the embarrassing position of being in business—contrary to law. I trust that this supplemental opinion m a y help you to convince the persons complaining, M r s . Busey,not remiss Oscar sE. Carlstrom premises. O n motion of that you are this Very in your received the record. report w a yours, in General truly Attorney for duties