Repository: UIHistories Project: Board of Trustees Minutes - 1942 [PAGE 894]

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1942]

U N I V E R S I T Y OF I L L I N O I S

89I

STATUS O F THE UNIVERSITY COUNSEL (31) T h e following letter from the Attorney General. May 7, 1942 Hon. Arthur Cults Willard, President, University of Illinois, [Jrbana, Illinois.

DEAR S I R :

You are hereby advised that I did, on April 22, 1942, accept the resignation of Sveinbjorn Johnson as an Assistant Attorney General and as so-called University Counsel for the University of Illinois. You are further advised that, on May 7, 1942, I did accept the resignation of N. D. Hodges as Assistant to the University Counsel. You are hereby further advised that no payments for compensation to the said Sveinbjorn Johnson as Assistant Attorney General and so-called University Counsel, and N . D. Hodges as Assistant to the University Counsel, shall be made subsequent to the dates aforementioned. Yours very truly,

GEORGE F. BARRETT

Attorney

General

In this connection, the Secretary read the following letter from the President of the University to the President of the Board.

May 9, 1942 Dr. Karl A. Meyer, President Board of Trustees, University of Cook County Hospital Chicago, Illinois

DEAR PRESIDENT M E Y E R :

Illinois

The enclosed letter from the Attorney General of Illinois under date of May 7, 1042, is self-explanatory. I am bringing it to your attention as President of the Board of Trustees first, because the question of Judge Johnson's status as a University officer is naturally of concern to the Board of Trustees; second (and this is of even greater importance), because the communication raises a fundamental issue of public policy, namely, the jurisdiction of one elected State official over another official body, the Board of Trustees of the University of Illinois, who are elected directly by the people of Illinois for the government and management in all its departments and relations of the University under the laws of the State. Under the constitution, statutes, and theory of government of Illinois, its elected State officials are independent of one another and their authority is derived directly from the electorate. In a letter to Judge Johnson, the Attorney General states, "I do hereby accept your resignation as Assistant Attorney General and as so-called University Counsel, effective this date." (April 22, 1942). Judge Johnson has not submitted a resignation to the Attorney General or to anyone else. H e does not now hold, nor in the 16 years he has been on the staff of the University of Illinois has he ever held, a position as Assistant Attorney General of Illinois. Several years ago Attorney General Oscar Carlstrom offered him an appointment as Assistant Attorney General, purely as a matter of courtesy, leaving it to the University to determine whether it desired such a formal appointment, but it was decided by the University administration that this would be an unwise move. The position of University Counsel which Judge Johnson holds was created by the Board of Trustees and he was appointed to it, following the retirement of the late Judge Oliver A. H a r k e r after many years of service as Counsel for the University, by the Board in 1926, on recommendation of the President of the University. In other words, Judge Johnson holds his position as University Counsel and Professor of L a w by virtue of his appointment by the Board of Trustees.