|
University of Georgia Board of Trustees |
(1)
ATHENS, JULY 8th, 1887.
The Board of Trustees met in annual session at 10 o’clock, A.M.
Present, Hon. J.J. Gresham, President.
Messrs. Pope Barrow, Messrs. R.C. Humber
“ Lamar Cobb, Henry Jackson
Alex S. Erwin, P.A. Stovall
J.S. Hamilton, W.W. Thomas
A.L. Hull,
The minutes of the last annual meeting and the call meeting at Atlanta, Nov. 1886, were read and approved.
The Chancellor opened the meeting with prayer. The Chancellor made his annual Report, which, on motion of Mr. Billups, was received and referred to the appropriate committees. [Pages 12-53.] Mr. Hull made his Report as chairman of the Auditing Committee, which was received and laid on the table for the present.
Mr. Hull also made his report as chairman of the Finance Committee which was received and laid on the table for the present
Mr. J.S. Hamilton made his report as Chairman of the Committee on the Experimental Farm, which was received and laid on the table for the present.
Mr. J.S. Hamilton as Chairman of Committee on Apparatus made his report, which was received and laid on the table for the present.
Mr. Thomas made his report as chairman of the Committee on Buildings and Grounds, which was received and laid on the table for the present.
Mr. Cobb read the Abstract from the Minutes of the Prudential Committee, which was received and ratified. [Page 73.]
Mr. D.B. Hamilton was excused from attendance at this session.
(2)
University of Georgia,
Mr. Jackson was excused after today until Monday, On motion, Board adjourned to 3. P.M.
3. P.M. Board reconvened. Mr. H.V.M. Miller appeared and took his seat. Messrs. Byrd, Vason, Felton and Livingston excused from attendance at this session.
Mr. John Screven tendered his resignation as a Trustee, which was accepted.
Mr. Billups moved to fill the vacancies in the Board caused by the death of Chief Justice James Jackson, and the resignation of Hon. John Screven.
Mr. Miller moved to separate the elections and vote on filling the vacancy caused by the death of Judge Jackson, and postpone the other until some future day, which was lost.
Mr. Billups’ resolution was then adopted.
Mr. Miller moved to reconsider the whole matter, which was agreed.
Then on motion of Mr. Billups, the election was set for Saturday at 10 o’clock. A.M.
The report of W.S. Basinger as President of the N.G. A&M College, and the report of W. P. Price as President of the Board of Trustees of said College were read by the Secretary, and on motion were received and referred to the Committee on Branch Colleges.
Mr. Humber read the report from the N.G.A.&M. College, which was received and referred to the Committee on Branch Colleges.
On motion, Board adjourned to 9.A.M. Saturday.
(3)
Athens, July 9th, 1887.
Saturday.
The Board met according to adjournment. The minutes were read and approved.
Messrs. J.E. Brown and H.D. McDaniel appeared and took their seats.
Col. A.P. Wright, President, Board of Trustees of So. Ga. A.&M. College presented the report of that College, which was received and referred to the Committee on Branch Colleges.
Mr. J.S. Hamilton moved to take up the report of the Committee on Apparatus, which was agreed to and on his motion the report was adopted. [Page. 53-54.]
Mr. J.S. Hamilton also moved to take up the report on the Farm which was agreed, and on his motion the report was adopted. [Page. 55]
The following resolution was offered by Mr. Barrow, which was agreed to:
Resolved, That the fees required of the students in the Laboratory of $15.00, for each student in that department for their chemicals &c, shall be paid to the Treasurer and disbursed by him upon requisitions of the Professor of Chemistry, with statements of account the amount not to exceed the sum collected. The Com appointed for the election of Trustees, to fill vacancies in the Board, having arrived, the Board went into an election to fill the vacancy caused by the death of Chief Justice James Jackson, and Governor John. B. Gordon was unanimously elected to fill the vacancy.
An election was then held to fill the vacancy caused by the resignation of the Hon. John Screven of Savannah, which resulted in the unanimous election of Mr. A.L. Hull.
(4)
University of Georgia,
The President then announced the following Committee on Laws and Discipline:
J.A. Billups. Chairman.
J.E. Brown, H. Jackson.
H.V.M. Miller, P.A. Stovall
H.D. McDaniel R.C. Humber.
The President then announced the following additions to the Committee on Branch Colleges; Messrs. Pope Barrow, N.J. Hammond, H.V.M. Miller, and B.C. Yancey.
A communication from the Committee of Students on Athletic Exercises was read, and on motion of Mr. Humber referred to the Committee on Laws and Discipline.
An invitation was received from Mr. E.C. Kontz to attend the exercises of the Senior Class at their Class Tree, which on motion of Mr. Billups was accepted.
On motion of Mr. Barrow the report of the Committee on Finance was taken up and considered by sections.
1st. Section, First appropriating $21450.00 for salaries Mr. Barrow moved to adopt. Mr. Humber moved to strike out $21450.00 and insert $21050.00, which was agreed to.
2nd. Section Second. Appropriating $2000.00 to Dahlonega was agreed to.
3rd. Section Third, appropriating $500.00 to the Experimental Farm was adopted.
4th. Section Fourth, appropriating $600.00 for servants, was amended on motion of Mr. Brown by striking out $600.00, and inserting $400.00 for servants on the campus.
(5)
Athens, July 9th, 1887.
5th. Section Fifth, appropriating $200.00. for full was agreed to.
6th. Section Sixth, appropriating $250.00 for water supply was agreed to.
7th. Section Seventh, was amended to appropriate the sum of $1710.00 including repairs on High School
8th. Section Eight, appropriating $550.00 for insurance was agreed to.
9th. Section Ninth, appropriating $500.00 for Catalogue, Advertising, and Printing, on motion of Mr. Barrow was reduced to $300.00
11th Section Eleventh, appropriating $150.00 for incidentals, Mr. Brown moved to strike out $150.00 and insert $50,000 Mr. Erwin moved to amend by inserting $100.00 which was agreed to.
10th. Section Tenth,
appropriatingOn Motion of Mr. Barrow, the appropriation for postage was reduced to $150.00.
12th. Section Twelfth, Appropriating $20.00 for Commencement Sermon was agreed to.
13th. Section Thirteenth, appropriating $200.00 for music was on motion of Mr. Brown reduced to $100.00
14th. Section Fourteenth, $36.00 for Sophomore medals was agreed to.
15th. Section Fifteenth, $100.00 for Chancellors expenses was agreed to.
16th Section Sixteenth, $300.00 for Librarian was reduced to $250.00, on motion of Mr. Cobb. On motion of Mr. McDaniel the report was adopted as a whole except as to the three Branch Colleges. [Pages 56 – 61]
(6)
University of Georgia,
On motion of Mr. Hull the Board proceeded to elect a Librarian, on counting the ballots, Miss Sarah Frierson having received a majority of the votes was declared elected.
Mr. Thomas stated that Mr. F. Phinizy desired to know if the Board desired to sell the lot of land near the High School lying between the Lawrenceville and Jefferson Roads. And Mr. Thomas was requested to inform him that we did not desire to sell at this time.
Mr. Thomas moved to take up the report of the Committee on Buildings and Grounds, and offered the following resolution which was adopted:
Resolved. That the sum of $1900.00 be appropriated for the purpose of making all repairs and for refunding $188.23/100 to Prof. Jones exclusive of water rents and that the foregoing report as thus amended, he adopted, [Pages. 73-74.] The Board then took a recess until 3. P.M.
5. P.M. Board reconvened. Mr. Meldrim appeared and took his seat with the board.
Mr. Erwin chairman of the special committee on the “Gilmer Fund.” Made his report, which was received and adopted. [Pages. 62 & 66.] Messrs. Hall and McIntyre were excused from attendance at this meeting. An invitation from Dr. and Mrs. Mell to attend their reception Tuesday evening was accepted with thanks. The report of Dr. W.L. Jones was received, read and referred to the Committee on Laws and Discipline.
(7)
Athens, July 9th & 11th, 1887.
Mr. Barrow read the report of the majority of the Committee on Branch Colleges, which divided the Gilmer Fund equally between the three Branch Colleges.
Mr. Erwin the Chairman, dissented from the majority and recommended that the whole be given to Dahlonega.
Mr. Brown moved to amend by giving $500.00 to Dahlonega, and $250.00 each to Milledgeville and Thomasville, which was agreed to and then the report as thus amended was adopted. [Pages. 67-68] On Motion the Board then adjourned until, 9.A.M. Monday.
Monday, July 11th, 1887,
The Board met pursuant to adjournment, the minutes were read and adopted.
Messrs. Fannin, Hammond, McCord, and Yancey appeared and took their seats.
The President announced as the Committee on Invitation Messrs. Stovall and McCord.
Mr. Billups, chairman of the Committee on Laws and Discipline made the report of that Committee in reference to “Field Day”, which was adopted. [Page. 69.]
Pending the consideration of the regular report of that Committee the Board took a recess to hear the address of Hon. P.W. Meldrim to the two societies.
Board reconvened after the address, Dr. H.V.M. Miller, Vice-President, in the Chair.
On motion of Mr. Hammond, the report of the Committee on Laws and Discipline was adopted.
[Pages. 69-71.]
(8)
University of Georgia
The same Committee reported back the report of Dr. Jones without recommendation, which, on motion of Mr. Brown, was laid on the table.
Mr. Thomas, Chairman of the committee on the Chas. McD. Brown Scholarship Fund made his report, which was adopted. [Pages 72-73.]
On motion Board adjourned until 9.A.M. Tuesday Morning.
Tuesday July 12th. 1887
Board met according to adjournment, Minutes read and approved.
Messrs. Gordon, Grady, and Felton appeared and took their seats.
On motion of Mr. Hammond a Committee of two resident Trustees was appointed to wait upon the Legislative Committee and request them to join with the Trustees in the Exercises, The Chair appointed Messrs. Hull and Barrow. Board took a recess to attend meeting of the Alumni.
Board re-assembled, when Hon. R.B. Russell, the newly elected Alumni Trustee appeared and took his seat.
The Board took a recess to hear the address of Sylvanus Morris Esq. before the Alumni Society.
After the address, the Board reconvened when a communication from the chancellor was received, tendering his resignation, and on motion of Mr. Hammond a committee of three was appointed to wait upon the Chancellor and request the withdrawal of his resignation. The chair appointed Messrs. Hammond, Gordon and McDaniel.
(9)
Athens, July 12th, 1887.
Mr. Thomas read a communication from Hon. Y.L.G. Harris, enclosing the receipt of the present Secretary and Treasurer for the Bonds &c. turned over by Mr. Harris, as chairman of the Prudential Committee, and come other papers, which on motion of Mr. Thomas were turned over to the Chairman of the Finance Committee for safe keeping.
Mr. Hammond, from the committee appointed to wait upon the Chancellor, reported as follows;
We believe that the resignation of Chancellor Mell was tendered by him under a misunderstanding; to wit that the action of the Board of yesterday was condemnation of his course as to duelling in the late affair in the University. The Board declares that they meant no – such condemnation, that the believe that under the law of 1853 his permitting the parties engaged in that affair to return to the University was right: that the Board meant only to declare a new order of conduct for the future in such cases; Therefore resolved that a copy of the above he sent to Dr. Mell and that he be requested to withdraw his letter of resignation.
The Board then took a recess until 4.P.M.
4. P.M. Board re-assembled. A communication was received from the Chancellor with drawing his letter of resignation.
On motion of Mr. Hammond the various degrees recommended by the Chancellor in his annual communication were conferred.
On motion of Mr. Jackson the action of the Board at the called meeting in Atlanta, last November, was ratified. [Pages. 75-76.]
(10)
University of Georgia
Messrs. Colquitt and Beckwith were excused from attendance at this session.
Mr. McCord offered the following; Resolved that the sum of $1200.00 be fixed and the same is hereby appropriated as the salary of the Secretary and Treasurer of this Board, beginning with July 1st. Instant Adopted.
On motion of Mr. Hammond the Chairman was requested to appoint a committee of three to draft suitable resolutions, with reference to the late Chief Justice James Jackson.
The chair stated that he would announce the Committee tomorrow.
The Board then took a recess to attend the Junior Exhibition, after which they re-convened, and on motion of Mr. Hammond the Manuscript of Mr. Glen Waters’ speech was returned to him with a copy of the law on the subject matter of his letter.
Wednesday, July 13th, 1887
The minutes were read and approved.
A letter was received dated July from J.R. Owen of Cuthbert, and on motion of Mr. Hammond, the Secretary was directed to make the same reply as he did last year.
On motion of Mr. Grady it was resolved that the Prudential Committee be authorized to select a location for the proposed Gymnasium and that it shall become when erected with all its fixtures &c. the property of the University without any cost.
(11)
Athens, July 13th, 1887.
The Committee on Honorary Degrees recommended that the degree of Doctor of Philosophy be conferred on L.H. Charbonnier and H.C. White and that the rules be suspended and the degree of L.L.D. be conferred on Hon. Jabez L.M. Curry of Alabama, and the degree of Civil Engineer on Coleman F. Fannin of LaGrange, Georgia, which on motion of Mr. Miller was received and adopted.
On motion of Mr. Cobb, Mr. Russell was added to the Prudential Committee.
Mr. Jackson offered the following; Resolved that the Secretary of this Board communicate with such papers and periodicals as may be approved by the Chancellor suggesting that the Library of the University would be glad to receive such publications, if sent gratuitously and that they will be kept of file, if so sent. Resolved further that the Librarian of the University be directed to keep the newspapers on file and to preserve the periodicals. Adopted.
Mr. B.P. Hollis was excused from attendance at this session.
Mr. Cobb gave notice of the application of B.C. Milner, for Honorary Degree of Civil Engineer. The chair announced the following committees, Memorial of Judge Jackson. Messrs, Hammond, Chairman, Miller and Billups.
Finance.
A.L. Hull, Chairman, Brown, McCord, McIntyre.
Branch Colleges.
P.A. Stovall, Chairman, Yancey, Meldrim, Hollis, Vason.
Brown Scholarship Fund.
R.B. Russell, chairman, Jackson, Grady, Little.
(12)
University of Georgia.
Auditing Committee.
A.L. Hull, Chairman, J.S. Hamilton.
Law Department.
Pope Barrow, Chairman, Billups, Gordon.
Honorary Degrees.
Chancellor Mell, Chairman, Cobb, Billups.
Buildings and Grounds.
W.W. Thomas, Chairman, Felton, Humber, Miller.
Agriculture and Agricultural Farm.
J.S. Hamilton, Chairman, Fannin, Livingston, Byrd.
Library
A.S. Erwin, Chairman, Cumming, Grady.
On motion, the Board took a recess to attend the Senior Exercises, and upon their completion, the Board stood adjourned until the next annual Session.
John J. Gresham
President
Chancellor’s Report,
University of Georgia.
July 8th, 1887.
To the Board of Trustees;
University of Georgia.
Gentlemen;
As there was so large a number that graduated last year, we had serious doubts whether the accessions this year would make up for the diminution. We were prepared therefore for a decrease of numbers as compared to last year. I am happy though to report that instead of a falling off, there has been a slight increase in the numbers in attendance.
Number of Students
During the past year there have matriculated in
(13)
Athens,
the departments at Athens two hundred and seven, (207) Students – viz; in Franklin College. One hundred and forty five. (145) in the State College of Agriculture and the Mechanic Arts. Fifty one. (51) and in the Law School, eleven, (11) Of those in the State College two (2) are Post Graduates.
Number of all those who have received instruction in the various departments of the University during the Collegiate Year.
In Franklin College. - 145.
In State College of Ag & Mech. Arts. (two Post Graduates.) - 51.
“ Law Department. - 11.
Total in all Departments at Athens. - 207.
As against 204 reported last year.
In the Medical Department. - 150.
As against 130, last year.
In North Georgia Ag’l College. Males 103, Females 11} Total. - 114.
As against 139 last year.
In South Georgia Ag’l College, Males 130, Females 50} Total. - 180.
As against 85 last year.
In Middle Georgia Mil. & Ag. Coll. Males 211, Females 217} Total. - 428.
As against 407, last year.
The three Branch Colleges reported last year are aggregate of 631, as against 722 this year.
Total in all the Departments and Colleges in our System. - 1079.
As against 965 last year.
It will appear then that in all the Departments and Colleges there has been an aggregate gain of. - 114.
Comparisons of Gains and Losses.
The Medical Department gains. – 20.
The Branch College at Dahlonega loses. – 25.
“ “ “ “ Thomasville gains. - 95.
(14)
University of Georgia,
The Branch College at Milledgeville gains. – 21.
Franklin College holds it own exactly at 145.
The same is true of the Law Department. Eleven each year.
The State College of Agriculture & the Mech. Arts. Gains. – 4.
College Grade,
In Departments at Athens. – 207.
As against 204. Last year.
In Department at Augusta. – 150.
As against 130 last year.
In the College at Dahlonega Males 60, Females 0} Total. 60.
As against 49. Last year.
In the college at Thomasville. Soph. 4} Females 0} Total. - 22.
Fresh 18} Females 4}
As against 5 males last year.
In Coll. at Milledgeville soph 38.} Females 20, Males 18}71 each} Total. 142.
Fresh 114 “ 51, “ 53
Total of College Grade in all Departments 581.
As against 528 last year.
It appears then that the Departments here have gained 3 students of College Grade over last year, Augusta has gained 20, Dahlonega has gained, 11, Thomasville has gained 17, and Milledgeville has gained 2. Of the 142 Students though of College Grade reported by Milledgeville. 71 just one half are females. There must also be an unusual method of estimating those of College Grade by the last-mentioned College, and a peculiar law operating upon those thus classed; for of the 38, given as belonging to the Sophomore Grade, only 12 were presented at Commencement as having completed the course, and 9 of these were females. Of the 18 boys reported as entering the Sophomore Class, only 3, just one sixth went through to the end.
(15)
Athens,
Undergraduates.
Excluding the Law and Medical Departments and the two Post Graduates, it will be seen that
theof the College Grade, there are Undergraduates:
In the Departments at Athens. – 194.
As against 192, last year.
In all the Branch Colleges. - 224.
As against 194, last year.
But 75 undergraduates, reported by the Branch Colleges are females. So that there have been in all the Branch Colleges this year 149 male undergraduates. Attention is also called again to the shadowy character at Commencement of large numbers reported as of College Grade. Of the 60 at Dahlonega, only 2 came to graduation, and of the 38 sophomores reported at Milledgeville only 3 boys completed the course and nine girls.
Total undergraduates of College Grade. – 418.
As against 386, last year.
Medical Department.
At the commencement of the Medical Department this year. I conferred the Degree of Doctor of Medicine on forty-six (46.) graduates, as already stated this Department has had an increase of students during the past year.
Art Gallery.
I am sorry to say that during the past year no Trustee has favored us with a gift of his portrait, Numbers though have promised us to do so, and I patiently wait their time. It is a sore disappointment to me that I have failed to get the portrait of every member of the Board contemporary with myself.
(16)
University of Georgia,
Deaths,
The University and the State lament the death of the late Chief Justice James Jackson, L.L.D. which occurred since the last meeting of your board, An alumnus, of this University, and for many years a member of its Board of Trust, he illustrated his Alma Mater and contributed most potently to its advancement in prosperity and usefulness, In all the relations he sustained as statesman, jurist, Christian, he stood conspicuous for an ability faithfulness, and purity that commanded universal recognition, and admiration, The University also laments the death of a promising student, a young man from Savannah, who died unexpectedly on the cars, on his way home, whither he was summoned by his Father, with the hope that thus his health might be recuperated.
The University Form of Government
The Trustees, at their last session, legislated with the intention to make some important changes in the matter of the “Powers and Duties of the Chancellor.” There appearing to me to be important differences of opinion among the members of the Faculty, as to the proper interpretation of that legislation, in order to avoid friction, I thought it best to give in advance an analysis of the scheme and a codification of in, which I would offer to the Faculty for their animadversion and adoption or rejection. All but two cordially agreed with me that the analysis and classification were in accordance with the intention of the Trustees. One
(17)
Athens,
of those dissenting heartily accepts the scheme as an eminently wise one, and hopes the Trustees will themselves ratify it. The other cordially acquiesces in the interpretation of the majority of his colleagues, That paper is re-produced here with respectful request that the Trustees will criticise it, and approve or condemn it.
Scheme for the Government of the University of Georgia under the Laws of the Trustees, as contained in the Report of a Committee in July 1886, “On the Powers and Duties of the Chancellor.”
The text of that report is in the following words; “The Special Committee, on the Powers and Duties of the Chancellor report; that by the Code of the State the Chancellor is clothed with the powers which formerly belonged to the President. By the action of the Senatus Academicus, in 1853, a Code of Laws was enacted for the government of the Institution. By that Code the government the College is vested in the President. Professors and Tutors. Styled. “ The Faculty of Franklin College. Chap 1. Sec. 1.
By the 7th. Section of the same chapter. “to the President is committed the general superintendence of the interests and reputation of the Institution.” By the 14th. Section of the same chapter, it is enacted that “every matter brought before the faculty shall be decided by votes, and it shall be the privilege of the President of the College, when present, to vote in all cases that come, before the Faculty, and also to give a casting vote when otherwise there would be a tie.”
(18)
University of Georgia,
By the 1st Section and succeeding Sections of Chap 7th. It is enacted that punishment for for (sic) all offenses, embracing even reprimand shall be by the Faculty. So that, while the Chancellor is held responsible by law, and by the Board of Trustees, and by the public for general superintendence of the interests, and, reputation of the College, he is not authorized to inflict any sort of punishment for misbehaving of any sort by the students. Your Committee think that this is all wrong, and that he who is responsible must have power in the supervision of those interests and that reputation, we are of opinion that this Board has the power to amend the enactment of the Senatus Academicus of 1853, so as to confer power, where responsibility rests. Therefore it is hereby enacted by this Board that complete power is hereby nested the Chancellor in all disciplinary supervision, and punishment for misbehavior, and seriousness of duty by the students, and he shall not be required to consult the faculty thereon, except at his option, unless the offense he such as in his judgement shall amount to serious gravity, and raise the issue of expulsion from College. Provided nevertheless that it shall be the duty of each member of the Faulty to co-operate with the Chancellor in the enforcement of discipline, and each member is especially required to preserve order and enforce discipline in his own department. James Jackson Chm.
Signed Ben C. Yancey
Wm. A. Little.
(19)
Athens,
We have in the above Report.
First. A restatement of some of those features of government in the past that are intended to be still in force.
Second. A withdrawal of one item of former from the Faculty, and the vesting it in the Chancellor at his discretion; and
Third. A designation of those classes of governing authorities in the University, with their jurisdiction, duties and powers.
Let us take these up in the order stated above and consider them in detail.
First. The restatement of those features of government in the past that are intended to be still in force.
These are:
1st. “The Chancellor is clothed with the powers which formerly belonged to the President.” (Substituting Chancellor for President, and University for College in the further discussion.)
2nd. “The government of the University is vested in the Chancellor, Professors, and Tutors, styled the Faculty of the University.”
3rd. “To the Chancellor is committed the general superintendence of the interests and reputation of the Institution.”
4th. “Every matter brought before the Faculty shall be decided by votes, and it shall be the privilege of the chancellor when present, to vote in all cases that come before the Faculty and also to give a casting vote when otherwise there would be a tie.
Second, The report withdraws one item of power from the Faculty, and vests it in the Chancellor, at his discretion.
Up to the adoption of the Report, the law was, -
(20)
University of Georgia
“that punishment for all offenses, embracing even reprimand, shall be by the Faculty.” This is repealed, and there is enacted in its stead the following, viz; “It is hereby enacted by the Board that complete power is nested in the Chancellor, in all disciplinary supervision, and punishment for misbehavior and seriousness of duty by the students, and he shall not be required to consult the Faculty thereon except at his option, unless the offense be such, as in his judgment, shall amount to serious gravity, and raise the question of expulsion from the University.” Finally.
Third. The report gives a designation of three classes of governing authorities within the University, with their jurisdictions, duties and powers, 1st. The Chancellor, 2nd. Each Member of the Faculty, and 3rd. The Faculty as a body, composed of Chancellor, Professors and Tutors, Taking these up in series, and noting in detail their jurisdictions, duties, and powers, we consider;
1st. The Chancellor, as governing authority, His prerogatives and powers are divided into two classes;
First, Complete power is vested in him in all disciplinary supervision, and punishment for misbehavior, and seriousness of duty by the students, and he need not consult the Faculty except at his option.
Second. To him is committed the general superintendence of the interests and reputation of the Institution.
Discussing each of these in detail
First. The complete power “vested in the chancellor in all disciplinary supervision, and punishment for misbehavior and seriousness of
(21)
Athens,
of duty by students is not unlimited in its range; for that officer is warned by the
provisoproviso. In the enactment “thateachhe is not to intrude upon the jurisdiction of the Professor: He is expressly put on notice, “that each member of the Faculty is specially required to preserve order and enforce discipline in his own department.” Is there any contradiction in terms when he is told on the one hand that, “he is nested with complete power,” and on the other, prohibited from exercising any power as between a professor and the students in his department? By no means, The fact is, there are two classes of government in the University. 1st. That relating to – “order and discipline in (each) Department.” Which is first in the hands of Professors in Departments severally and ultimately, if necessary, in the hands of the Faculty as an organized body, as will be shown hereafter, and, 2nd, The general government of the students as members of the University outside of their relations to-recitation rooms and away from such gatherings as bring them in connection with Faculty assembled according to-law, as for example daily public prayers, This general government refers.
(1). To the habits of the students, and to their department at their boarding places, on the campus, in the town, and whenever else they may be; and
(2). To “seriousness of duty.” Not related to the Departments, severally, but to those laws that operate upon them as students under University; not Department government, There may be given as examples of “seriousness of duty” in this connection, a failure to report to the chancellor for matriculation
(22)
University of Georgia
within twenty four hours after arrival in town, the going out of town in Term time with out first obtaining the permission of the Chancellor, and a failure to unite with one of the Literary Societies.
This division of the University government over students is placed in a sense exclusively in the hands of the Chancellor, with the single exception of the power to expel. He can arraign a student for misdemeanor outside of Department and Faculty jurisdictions for vicious habits and notorious demonstrations on the Campus, in the streets or elsewhere, and he is under no obligations to consult the Faculty, or any member of it, excepting at his own option; or to inform them or any of them of what discoveries he has made, and what processes he is pursuing that are intended to lead toward the reformation of the student, or to prepare the way for his removal from the University. But while the Faculty as a body have no right to intrude themselves into this department of University government, nor to express by vote any opinion as to how a case of discipline shall be managed that stops short of expulsion, it is made the special “duty of each member to co-operate with the Chancellor in the enforcement of discipline,” This can mean nothing less than that “each member” is in duty bound to help the Chancellor in discovering offenses and offenders: and to use his
(23)
Athens,
individual, personal influence, to prevent, and suppress disorders. His duty will not permit him to remain quiescent when young men are going astray by indulgence in vicious habits, or when they are engaged in perpetrating disorders, and misdemeanors, And he is positively forbidden by the law, to so act as if he had no responsibility in the premises. While all power to-inflict punishment, short of expulsion, in the general government, of the students as members of the University, is lodged in the hands of the Chancellor, it is made the special “duty of each member of the Faculty to-cooperate with (that officer) in the enforcement of discipline.”
Remark. 1. The powers given to the Chancellor in the enforcement of discipline in the general government of the University outside of department and Faculty jurisdictions, are derived directly from the Trustees, and defend for their validity, and stability in no respect upon the Faculty, “Each member of the Faculty (can) co-operate with the Chancellor.” And is in duty bound to do so, but the Faculty as a body cannot touch questions pertaining to the enforcement of discipline under the laws in the general government of the University, until invited to do so by the Chancellor. Certainly then, it is not their prerogative to change or modify the powers of that officer, that are given to him by direct enactment of the Trustees.
Remark. 2. There is nothing in the Report, on which we are animadverting, that asserts
(24)
University of Georgia.
or even implies that the Chancellor is competent to promulgate originally any law, of his own, for the general discipline of students, as members of the University. He is to exercise the “complete power” vested in him only in subordination to – and in accordance with the Laws of the Trustees, enacted for University government.
Remark. 3. While all right to make Rules and Regulations for carrying into effect the Laws of the Trustees the government of the University, outside of general discipline, is vested in the Faculty, as will be shown hereafter, it might be plausibly inferred that within the limitations of general discipline, the chancellor and he alone has the right, under the Laws of the Trustees, to prescribe rules and regulations of a precautionary character, affecting students alone, and not infringing upon the rights and privileges herein after to-be stated, of “each member of the Faculty,” and of the Faculty itself as an organized body. “An ounce of prevention is worth a pound of cure.” If complete power is vested in the Chancellor in all disciplinary supervision. As well as “punishment.” Of the student in the general government of the University, it might be plausibly claimed that he can, without consulting the Faculty, change any custom of the student whose tendency is to jeopardize general order and discipline, and if necessary, formulate and enforce a plan to take the peace of such custom,
(25)
Athens,
this may be all true, if it includes only himself, and the students outside of Department jurisdictions and limited to – general discipline. If his plans and regulations include the agency of the faculty as a body, he is stopped by the limitations of his powers. The “complete power vested in him” is limited to students as subjects, and to them even, exclusively in their relations of department and order under the general discipline of the University, While “each member of the Faculty” is in duty bound to co-operate with the Chancellor in the enforcement of discipline, that officers “complete power” gives him no jurisdiction over his colleagues as individuals nor as a Faculty that will authorize him, without their consent, to place them as important agents to carry out any such precautionary plan formulated by himself. Take for instance the custom that has always given no so much trouble – viz; the arraignment by a class of its members charged with cheating in an examination. Prevention here is absolutely necessary for efficient discipline. But no plan meant to retain the good and exclude the evil, could be effective, that does not include the Faculty as the tribunal to try cases. And no power can subject the Faculty to that duty, except their own vote, or a law enacted by the Trustees. While therefore for complete success in discipline precautionary measures are necessary, because bad influences must be neutralized and good influences must be established in the rarest of all cases. (and none such can be called to mind now.) is the “com
(26)
-plete power vested in the chancellor “potent to enable him of his own will to remove bad customs that are menacing to good discipline. His “complete power” here, without the voluntary co-operation of the Faculty as a body, becomes complete weakness; and tremendous responsibility is placed exclusively on him, without adequate exclusive power to meet it.
Perhaps it will suffice in this discussion of the jurisdiction, duties and powers of the Chancellor as they relate to his “disciplinary supervision and punishment for misbehavior and remissness of duty by the students. Let attention now be given to the second class of jurisdiction, duties, and powers, pertaining to his office. This is expressed by the Law in the following words;
The first classSecond. “To the Chancellor is committed the general superintendence of the interests and reputation of the University.” The first class of duties discussed above relates exclusively to the students. This now to be considered relates to the whole University and all its details of persons and things. Whatever pertains to the interests or reputation of the University comes under the “general superintendence” of the head of the Institution. This brings us into a shadowy region with no light from specific Law, or from consistent and harmonious precedents, to guide us. The chancellor is to govern his conduct in the premises merely by inferences, he must draw from the general principles involved. Which may, or
(27)
Athens,
may not be accepted by others as valid, “Interests and reputation” include all that there is of the University, the former relating to what is, and the latter to what it appears to be; and the chancellor has committed to him the general superintendence of these, this implies;
- That he has a right to make inquisition into all things relating to the interests and reputation of the University.
- That he has a right to be heard on all these things, and is not to be considered as an intruder, and impertinent when he expresses at the right time and place, and in the right way his opinions about them.
- That he has a right, and is in duty bound to use that power himself, to invoke the potency that is adequate, to arrest influences which tend to jeopardize the interests or the reputation of the University, and,
- That it is his duty to see that the Trustees shall be fully informed annually in reference to all the details that enter into the interests and reputation” of the University. It follows then that all communications and reports from Professors and Departments should pass through the hands of the Chancellor.
But here comes an important question: Does the “general superintendence” committed to the chancellor authorize him to animadvert, on occasion, upon the character and conduct of a Professor? Suppose the head of one of these Departments should neglect his duties or prove to be utterly incompetent as to ability to teach, or to “main-
(28)
University of Georgia,
tain” order and discipline” in his department – suppose he falls into vicious habits, and becomes a drunkard, a profane swearer or a debauchee, or should teach infidelity, or atheism, would not the “interests and reputation of the University suffer? Does the obligation of “general superintendence,” impose a duty on the Chancellor in such cases as these? If so, what power does he have, and what kind of interposition, if any, could he make? He could not dismiss the Professor for he had no voice in his election, and that officer is in no way, in the nature of things, placed under his authoritative control. The most that he can do is to bring the matter officially to the notice of those who have the power to act efficiently in the premises. But as the principles, underlying the mixed government here, require him to lay the case first before the Faculty, to get their co-operation, or can he, without consulting that body, bring the case directly to the Board of Trustees? There is nothing in the Code of Laws that gives direct Precept to guide him, in such case; and the precedents are conflicting. The records show that under Dr. Church’s administration, in a case of the kind, the Faculty were called together by the President, who laid complaints before them of the incompetency or unfaithfulness of an office, and then charges and specifications were formulated against him, which, in the name of the Faculty, were transmitted by the President to the Board of Trustees. On the other hand, under Dr.
(29)
Athens,
Tucker’s administration, when certain rumors damaging to the reputation of one of the Professors reached the Trustees, and neither the chancellor alone, nor in company with the Faculty had made complaints against him, the Board summoned the chancellor before them, and virtually demanded that he should officially give the fact that stood to the disadvantage of the Professor; and when the Dr. showed signs of hesitation, they virtually put him on the stand as a witness; and elicited from him the information that was essentially due from one to who was “committed the general superintendence of the interests and reputation of the University.” The Board also the same or the next year passed an order requiring the Chancellor to visit all the recitation rooms and lecture rooms, and note the methods of the Professors, and the results of their instructions, as if they would put him on notice that he must keep himself well informed in regard to the processes and proficiencies of the Professors severally, in order that he might be prepared to report a Professor in whose hands the “interests and reputation” of the University are suffering. This may have been an inadvertency on the part of the Board; and if the question should be calmly considered by them, they might require that the chancellor should be supported by the Faculty in any complaint made against a professor.
If the duty of reporting delinquencies and deficiencies against a Professor should be imposed upon the Chancellor alone, he need not hesitate on the ground of the delicacy of the duty, and the danger to himself personally in the attempt to perform it. With
(30)
University of Georgia,
gentleness and sympathy, as well as candor and faithfulness, he must summon to his aid all the address in his power, and do his duty, though the ultimate result may be to lay his own head on the block, nor need he be deterred by the consideration that no final and efficient power is lodged in his hands to decide cases. And that if the accused Professor resists to report him would in its last analysis be simply an invitation to him to measure strength with the head of the University, before the Board of Trustees. The power is lodged in his hands to put the highest governing authority in possession of the charges and specifications. Let him exercise that power and discharge that duty with meekness and faithfulness. In like manner, he has no power in the appropriation and disbursement of money for improving or repairing the material property of the University. But that does not relieve him from the duty to exercise a “general superintendence.” Over the pecuniary “interests and reputation of the Institution.” He is guilty of no impertinence, but is simply exercising a prerogative and discharging a duty, when he calls the attention of the proper agent to the needed interposition; and exerts all the influence in his power to secure the needed improvement, or to arrest the impending damage.
This perhaps will suffice for that part of the University government that pertains particularly this chancellor, with its jurisdictions its duties and its powers.
(31)
Athens,
II. The second class of government in the University scheme is that which is under the Professors, severally, as individuals. In the Report, it is expressed in the following words: “Each member of the Faculty is especially required to preserve order and enforce discipline in his own Department.”
- What is the jurisdiction of the government of “each member of the Faculty?” What are his prerogatives?
1st. He has the right to decide upon the qualification of an applicant to enter his department, after an examination, if he pleases, conducted by himself. It is supposed that no power in the Faculty can force on his Department, against his consent, an applicant who he has rejected. This does not mean though that he has power to – eject without the consent of the Faculty, one already in his Department; nor that he is himself free from the danger of arraignment by higher power for capriciously or maliciously depriving an applicant of his rights under the Laws.
2nd. He can grade the students in his department according to his conscientious convictions of their comparative merits.
3rd. He can decided authoritatively the text books to be used in the topics severally taught by him.
4th. He can lay down rules intended to protect the furniture, the floor, and the walls in his room from damage and defilement.
5th. He can prescribe regulations for the control of students so as to facilitate his processes in his room, as for example, that they shall sit or stand while they are reciting; that they shall be ready to answer to the roll-call just as soon as the bell ceases to ring – or after an announced
(32)
University of Georgia,
interval; that they shall bring or not bring their text books into the recitation room with them, &c. &c.
- What are the duties of the Professor in exercising the limited government confided to him? The Law of the Trustees says he “is especially required to preserve order and enforce discipline in his own Department.” This implies:
1st. That he is to require orderly behavior in his room.
2nd. That he is to enforce punctuality on the part of the students.
3rd. That he is to exact improvement and proficiency in study.
- What are the powers of “each member of the Faculty in administering the government confided to him?
1st. He has no power to eject a student from his department or from the University. He may require a contumacious student to leave his room, and to remain away until he is prepared to make the amende Honorable for his personal offense; but his room and his Department are not to be confounded together, and the ejectment from the room may bring about unpleasant complications, since a higher governing power may interpose with the prerogative to look into the conduct of the Professor, as well as that of the student.
2nd. The Professor has the right, and is in duty bound, to summon before him the student charged with absence from the recitation on lecture, to consider the excuse given, if any, and to accept or reject it at his discretion, and ac
(33)
Athens,
-cording to his judgement.
3rd. He has the right, and is in duty found, to summon before him, also any student who misbehaves in his
room, or who shows signs of inattention to study, and remonstrate with him and admonish him, and
bring to bear on him whatever other personal influence that gives promise of working amendment.
4th. He has the right to report him to the power that is competent to inflict pains and penalties on him.
But in whose hands in lodged this power? Just at this point is there a difference of opinion growing out of conflicting interpretations of the Report adopted by the Trustees at their last session.
According to the interpretation of some the scheme provides that the Professor and Tutors, severally, are to report recusant students to the Chancellor in order that ultimate penalties, if necessary, may be inflicted upon them. Report what? Of course everything of which complaint may be made, which the individual officer is not competent to deal with, by way of penalty, viz: failure in punctuality of attendance; disorderly deportment in the room; and want of diligence in study.
- Replying in general terms, it may be asked if the Chancellor monopolizes the general government of the students outside of the recitation rooms, and is the only power to be appealed to, to adjudicate and settle all cases issuing out of the recitation rooms, where is the governing power of the Faculty as a governing body? On the ground that “complete power” is vested in him, all disciplinary supervision and punishment for misbehavior, and remissness of duty by the students,” the chancellor, upon the present suppo-
(34)
University of Georgia,
-sition, would have the right, by any process short of expulsion to remove from the University the student reported to him from the Departments, or, on the ground of non-proficiency in study charged against him, could refuse to let- him rise with his class. The Faculty, as an organized body. Then would have no governing power over the students at all: and all the potency of that kind would be vested in the Chancellor. This could not have been the idea of those able and distinguished gentlemen, who agreed upon that masterly Report; for, while they took one specific power from the Faculty and bestowed it upon the Chancellor, they took special care to state, that with this single exception, the Faculty is still retained in possession of all the other governing powers unimpaired, which it has exercised in all the past.
- Again the Chancellor’s report last commencement, which furnished the occasion for the attempt to make more definite his powers, referred not at all to any embarrassment connected with recitation room government, but solely to incidents, and complications in the department of the general government of the students as members of the University. The want of power in this connection is that which was pointed out, and, to-remedy this deficiency, the distinguished and lamented Chief Justice of the State to appoint a Committee “on the powers and duties of the Chancellor.” His discriminating mind discerned the place in our complex system of government, where the deficiency
(35)
Athens,
of power existed, and, with extraordinary precision, he formulated a scheme, that remedied this deficiency; at the same time that it preserved unimpaired the two other classes of governmental authority in the University.
- In addition, the Report declares that the chancellor’s powers should be commensurate with his responsibilities; and asserts that, “it is all wrong” for the public, for all parties inside the University and outside of it, to hold him responsible for that which he has not the power to control; and then if proceeds to endow him with adequate power. Now the Chancellor never has been held responsible by anybody, inside of the University or outside of it, for “order and discipline,” in the Departments, for attendance, and deportment, and improvement of students therein. The individual officers have been universally and exclusively held to such responsibility. But the avowed object of the enactment was to enable the Chancellor to meet all reasonable public expectations. Those able and discriminating minds then could not have irrelevantly conferred power on that officer to meet public expectations in a department in which the public have never held him to any responsibility at all.
- But more, the individual Professors, whatever may be their theories on the subject, have never practically shown the belief that the Report of the Committee confers this power and duty on the Chancellor: for they continue to make their weekly reports, as they have always done, not to that officer, but to the Faculty met as an organized body. The Chancellor himself as a Professor, writes with his colleagues in making
(36)
University of Georgia,
these reports; and the Secretary of the Faculty. Not his secretary, receives them, and records them in the record book of the Faculty.
- Again the Faculty as a body shows no symptoms of belief that the enactment last Commencement took any power from them in these premises, and conferred it on the chancellor. They not only receive all reports of absences from all the Departments, including the Chancellor’s, as has already been said, but they have a regular plan to deal with unexcused absences. When a student has five absences of this kind, he is reported to the chancellor, whose duty it is, as ex officio their executive officer to summon the young man, and warn him of his danger. In the performance of this simple thing the Chancellor exhausts his duty and his powers in the premises. Should the student contract two more absences unexcused, the Secretary of the Faculty writes to his parent or guardian; if after this two more are reported against him making nine in all. The Faculty send him home “That body, by its practice, does not seem to suspend that any power in the premises has been taken from it, and lodged in the hands of the Chancellor.
- Finally, if that officer has this supposed jurisdiction conferred on him, he is either invested with the right and power to investigate questions as between the Professor and the student, or else is under obligation to act upon the simple decision of the Professor: If the former be true, he is vested in some degree
(37)
Athens,
with authority and jurisdiction over the professor also, and has the right, and is in duty bound, to overrule, if not rebuke the Professor, if, on investigation, he be found to be in the wrong. For the authority. Vested in the Chancellor, authorizes and may require him to send the student home, excepting in a case of technical expulsion. But he should not be required to do this, and assume responsibility for it,