Repository: UIHistories Project: Board of Trustees Minutes - 1946 [PAGE 220]

EXTRACTED TEXT FROM PAGE:

1944]

UNIVERSITY OF ILLINOIS

217

the Association would contribute $4,000 to cover the expenses of this research project. T h e University sent the Association the standard form of Agreement for Cooperative Investigations in which are included all of the policies and rules of the Board of Trustees governing research sponsored by outside agencies. Among these provisions is one that if patentable discoveries grow out of the investigation and such discoveries have commercial value, the Sponsor, on payment of the entire cost of securing a patent; shall be given free use of the patent as a non-exclusive licensee, it being agreed that other licensees shall pay the University a royalty which in the opinion of the University is fair to the Sponsor and to the public. T h e Association has requested that this provision be amended by the addition of the following statement: "Non-exclusive licenses will also be issued upon request to member companies of the Copper & Brass Research Association on the same terms as to Sponsor," on the ground that the individual members of the Association would be entitled to a patent license, particularly in view of the fact that the Sponsor (i.e., the Association) as such would be unlikely to have any need for the patent. T h e Director of the Engineering Experiment Station recommends approval of this request, and I concur. Since it involves a question of policy I am bringing it to the attention of the Board for approval.

On motion of Mr. McKelvey, this deviation from the terms of the standard cooperative agreement was authorized as recommended.

SALARIES OF FARM A N D HOME ADVISERS (21) At a meeting of the Executive Committee on January 5, 1044, the President of the University reported that certain private parties had instituted proceedings in the Circuit Court of Sangamon County to stop the payment of salaries of farm and home advisers out of the State's appropriation to the University, the action being directed against the State Auditor of Public Accounts. The Executive Committee authorized the appearance of the University in this litigation by application to the Court for leave to become a party defendant. Professor Sveinbjorn Johnson, who has been representing the University in this litigation, reports that the case has been dismissed. T h e plaintiffs did not appear to support their motions to strike the answers of the University and other defendants. The Court had given the plaintiffs until August 2 to plead to the answers. Prior thereto the plaintiffs moved to dismiss their actions with costs to themselves. Inasmuch as the University did not agree to this dismissal, it will not be possible for the same plaintiffs to begin this case over again. This proceeding was an attempt by certain private parties to invalidate an appropriation of $357,000 made by the Sixty-Third General Assembly for the biennium 1943-1045 to pay the salaries of farm and home advisers. Unless other parties commence proceedings the matter may be regarded as closed, at least for the current biennium.

This report was received for record.

ADJUSTMENT IN FREIGHT RATES PAID BY THE UNIVERSITY (22) T h e Board has authorized (Minutes, March 20, 1943, page 313, and April 8, 1044, page 924) proceedings before the Illinois Commerce Commission to obtain a reduction in what appear to be discriminatory freight rates charged the University by certain carriers on coal purchased in the Danville area. On recommendation of Judge Sveinbjorn Johnson, who initiated the original proceedings, the Board also authorized the services of Mr. Nuel D. Belnap as special counsel in this matter. Judge Johnson reports that the Chicago and Eastern Illinois Railroad, one of the defendant carriers, "appealed from an order of the State Commission to the Interstate Commerce Commission. The order of the State Commission held that a certain ruling on rates made by the Interstate Commerce Commission was not binding on the State Commission and that the matter was open, sustaining the contention of the University in this behalf. " T h e Interstate Commerce Commission has just held that the ruling of the State Commission is correct and that the earlier order of the Interstate Commerce Commission re certain freight rates on coal does not tie the hands of the