Repository: UIHistories Project: Board of Trustees Minutes - 1948 [PAGE 977]

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976

BOARD OF TRUSTEES

[February 21

of power. The law of Illinois is the reverse, namely, that a general residuary clause does not of itself constitute an exercise of the power of disposal. The University's Legal Counsel has participated in numerous conferences with counsel for the other parties at interest in the trust and under the will. In the early conferences, representatives of Johns Hopkins University took the position that their client was entitled to the entire trust estate. Counsel for the other parties took the contrary position. Litigation would be necessary to resolve the issues. In later conferences various degrees of compromise were considered. Representatives of the beneficiaries under the trust have asked representatives of Johns Hopkins University if the latter would be interested in a settlement whereby $25,000 of the trust estate would be given to Johns Hopkins University in consideration of a commitment not to litigate the issues in the courts of California and Illinois. Counsel for Johns Hopkins University has indicated that if such offer were made it would be accepted. Legal Counsel recommends that the University of Illinois join with the other four beneficiaries under the trust in making this offer. The present appraised value of the trust estate is $210,000. O n m o t i o n of M r . D a v i s , t h i s offer w a s a p p r o v e d , a n d t h e officers of t h e B o a r d w e r e authorized to execute the n e c e s s a r y contract. APPLICATION OF CITY ORDINANCES TO THE UNIVERSITY OF ILLINOIS (7) On December 3, 1947, the City of Chicago instituted proceedings against the University of Illinois in the Municipal Court of Chicago, No. 237079. This case involves the question whether or not the City of Chicago may legally assess a license fee, fixed by City Ordinance, for the maintenance of a storage tank for fuel oil at the Chicago Undergraduate Division on Navy Pier. In other words, it raises the issue of the right of a municipality to license a State agency. Conferences with city officials thus far have failed to resolve the issue, but other conferences are contemplated. T h e case is set for trial for March 11, 1948. In the opinion of the Legal Counsel, the University of Illinois should not yield to local municipal licensing ordinances and he recommends that if the case can not be resolved in any other way the issue be litigated. O n m o t i o n of M r . D a v i s , t h e L e g a l C o u n s e l w a s i n s t r u c t e d t o t r y t o s e c u r e a n a d j u s t m e n t of t h i s m a t t e r , a n d if t h i s f a i l e d , t o r e s o r t t o

litigation.

EMPLOYMENT OF SPECIAL COUNSEL IN ANTI-VIVISECTION LITIGATION (8) T h e medical schools and other institutions in Chicago have had difficulty in securing animals, particularly dogs, for teaching and research because of the activities of anti-vivisection societies. T o protect the interests of the educational institutions a local organization, the Chicago Scientific Association, and a national organization, the National Society for Medical Research, were formed. All of the medical schools in Chicago, the University of Illinois included, are members of this group. Last summer, in the case of Harz v. City of Chicago, et al., Superior Court of Cook County No. 47S8943, an injunction was sought to prevent the city pound from providing dogs for teaching and research. The University of Chicago and Northwestern University were named in this action, but the Chicago Scientific Association and its member schools and agencies entered the case, having been granted leave by the Court to intervene as parties defendant. The law firm of Tenney, Sherman, Rogers, and Guthrie was retained to represent the Association and other intervenors. On the argument in the Superior Court, the suit was dismissed. T h e fee charged the intervenors was $300, of which the share of the University of Illinois was $142.56. The University of Chicago, represented by the same firm, was charged a fee of $900. T h e case is now on appeal in the Appellate Court, First District, No. 44349. Legal Counsel recommends that the firm of Tenney, Sherman, Rogers, and Guthrie be retained to represent the University of Illinois as one of the in-