Repository: UIHistories Project: Board of Trustees Minutes - 1952 [PAGE 1161]

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BOARD OF TRUSTEES

[October 23

workers, at the Research and Educational Hospitals. The duties and responsibilities of this position are primarily academic in nature. In December, 1947, Miss Marian Russell was appointed Director of Social Service. Miss Kenny claimed that under the civil service law of Illinois, she was entitled to the position and that for her the appointment of Miss Russell was a demotion. The Judge of the Superior Court held that she was entitled to the position under the civil service law of Illinois and ordered the writ to issue. Upon appeal from that decision to the Appellate Court, the latter held that the position is different from the one which Miss Kenny had held, that she was not entitled to it under the civil service law, and that the Superior Court had erred. Accordingly, the Appellate Court reversed the decision of the Superior Court. This constituted a final decision by the Appellate Court. Miss Kenny then sought a review by the Supreme Court. The proceeding is not one which would entitle her to appeal to the Supreme Court as a matter of right, and it was necessary for her to file a petition asking leave of the Supreme Court to appeal from the Appellate Court's decision. The Supreme Court of Illinois has denied this petition. No notice of intention to petition for a rehearing has been filed within the time limit allowed. Hence, the case may be regarded as closed. By authority of the Board of Trustees the University has been represented in the proceedings from the beginning by Richard M. Keck of the firm of Snyder, Chadwell, and Fagerburg, 135 South LaSalle Street, Chicago, as special counsel. This firm has submitted an itemized statement of $5,910 for legal services from November 1, 1949, to date and of $296.20 for expenses incurred in work oh the case during this two-year period, the total due being $6,206.20. The fees charged are on a per hour basis for the services of Mr. Keck and on a per diem basis for the services of an associate according to rates agreed upon by former Legal Counsel Professor W. E. Britton and Mr. Keck when the latter was engaged. Professor Britton regards the charge made for services as proper and reasonable. Professor Ralph Lesemann, the Legal Counsel, has reviewed the work done in the preparation of this case for appeal by the University and in answering the petition of the plaintiff to the Supreme Court, and concurs in recommending payment of the charges. I recommend that the Board authorize a payment of $6,206.20 to Snyder, Chadwell, and Fagerburg for services and reimbursement for expenses in this case since November 1, 1949, and that the appropriation be made from the General Reserve Fund.

On motion of Mr. Herrick, this payment was authorized and an appropriation of $6,206.20 was made from the General Reserve Fund for this purpose by the following vote: Aye, Mr. Fornof, Mr. Grange, Mr. Herrick, Mrs. Holt, Mr. Johnston, Mr. Livingston, Mr. Megran, Mrs. Watkins; no, none; absent, Mr. Hickman, Mr. Nickell, Mr. Stevenson.

PATENTABLE DISCOVERIES

(11) The University Patent Committee submits the following reports and recommendations relating to potentially patentable discoveries: 1. A new method for packaging ice cream, developed by Professor Paul H. Tracy of the Department of Dairy Technology and Dr. John J. Sheuring during the course of the latter's thesis study under Dr. Tracy's direction. This method may have commercial possibilities in preventing shrinkage in ice cream and the discoverers wish to apply for a patent proceeding under their own responsibility. A memorandum explaining this invention in detail is filed with the Secretary of the Board for record. The University Patent Committee has examined this proposal and recommends that the discovery be released to the inventors to develop as they choose. Their idea calls for metal ice cream containers; it may or may not be patentable. In the opinion of the University Patent Committee, even if a patent could be obtained, the commercial possibilities are not particularly attractive since the recent trend in the dairy industry has been to get away from returnable containers that require deposits, sterilization, and extra handling.