Repository: UIHistories Project: Board of Trustees Minutes - 1942 [PAGE 895]

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892

BOARD OF TRUSTEES

[May 16

That the University must provide its own legislative counsel is made clear not only by the practice of previous Attorneys General, but in a direct statement on the point by the present Attorney General who on April I, 1941, w r o t e as follows: "In view of the fact that bills enacted by the General Assembly are transmitted to me by the Governor for an opinion as to form and constitutionality, it is my policy not to express an opinion concerning the validity of proposed or pending litigation" (legislation seems intended). In his 16 years on the University staff Judge Johnson has performed many notable services in addition to the more or less routine but nevertheless important work he does regularly as Counsel for the University. It would take more time than is perhaps necessary to describe in detail all of these notable services, but a separate memorandum which is enclosed will suffice to illustrate the character, importance, and value of his work to the University. T h e Attorney General undoubtedly has his own reasons for writing as he did to Judge Johnson, but since there is no indication of such reasons in his letter I cannot discuss them. I should, however, comment upon certain factors which undoubtedly are an element in this situation. Unfortunately, but inevitably, in serving the public interests as Judge Johnson has been doing for many years, there are occasions when in the performance of his duties he must oppose private interests and thus he incurs the displeasure of such interests. As you have doubtless observed in your own experiences, this happens in many public services, and human nature being what it is I suppose it can't be avoided. In the 29 years I have been at the University I have known a number of such situations wherein University officials were unjustly censured and sometimes abused by private interests whom they were forced to disappoint in the line of public duty. It has been said of Judge Johnson that he has engaged in local politics. In so far as he has participated in such activities locally, he has done so as a citizen of Champaigu and of the County. Is an individual expected to give up his rights, and even to neglect his duties as a citizen when he joins the faculty or staff of the University? Members of the faculty of the University have always participated in local politics. A number have served as aldermen of Lrbana and at least one as Mayor of that city. They have served on local boards and commissions, frequently being pressed into such services because of their professional knowledge and skill. I do not believe the people of Illinois would approve the abdication of citizenship by members of the staff of the University of Illinois. As you will recall, Judge Johnson also has been serving as Director for the State of Illinois of the National Emergency Council (the name of this agency has been changed to Office of Government Reports). H e took this position at the request of Federal authorities and with the knowledge and approval of the Board of Trustees. This Federal service is non-political in character. It is no secret that Judge Johnson has been criticized, wholly unjustly in my opinion, by some local interests because of his participation in the investigation of certain unwholesome conditions in this community which jeopardized student morals and welfare three years ago. I refer to the vice investigation by the Attorney General of Illinois in 1939 and activities preliminary thereto. You will recall that by direction of the President of the University, and under the authority of the Board of Trustees, Judge Johnson, representing the University, called upon former Attorney General Otto K e m e r for aid in remedying local conditions. This was done only after repeated attempts to secure action by the local municipal and county authorities had failed. Attorney General Kerner assigned an Assistant Attorney General to conduct an investigation. In the fall of 1938 Mr. Kerner, having been appointed Federal Judge, resigned as Attorney General and was succeeded in that position by Mr. John E. Cassidy. In the meantime, the investigation which was started under Mr. Kerner's administration was still going on. In February, 1939, there occurred the fatal shooting of a University student near a local vice resort. During all this time Judge Johnson as University Counsel was cooperating with the Attorney General's office in securing and preparing evidence for presentation to the grand jury. H e also appeared as witness before that jury. In all that he did he was officially representing the University by direction of its Presi-