04/25/1900
UCCSN Board of Regents' Meeting Minutes
April 25-26, 1900








04-25-1900

Volume OC - Pages 189-191



                         Reno, Nevada

                        April 25, 1900



The Board of Regents met at their Office on Tuesday evening at

8:30 P.M., April 25, 1900.  Present:  W. E. Dean and J. N. Evans,

absent:  H. S. Starrett.



Upon motion of Regent Deal, the letter of W. D. Jones, Attorney

General, under date of December 27, 1899, with reference to leas-

ing a plot of ground on the University Campus for the erection of

a residence for the President of the University be recorded as

follows:



    STATE OF NEVADA

    W. D. Jones

    Attorney-General

                                  Carson City, December 27, 1899



    J. E. Stubbs

    President Nevada State University

    Reno, Nevada



    Dear Sir:



    As to the authority of the Board of Regents of the State

    University to lease to the President of the University a

    plot of ground on the University Campus on which the Presi-

    dent may build a President's House for use as the official

    and private or family residence of the President, I have the

    honor to say:



    Art. XI, Sec. 4 of the Constitution directs that the State

    University shall be controlled by a Board of Regents, whose

    duties shall be prescribed by law.



    I need not suggest that within the term "State University"

    is included all State University property.



    The Legislature has nowhere in express terms said that the

    Regents may lease or dispose of University property, but has

    repeatedly vested in the Regents the management and control

    of such property.



                             Gen. Stats, 1379, 1389

                             Stats. 1887, p. 42.



    In the case now being considered the point is:  Have the

    Regents the authority to lease to the President of the Uni-

    versity University ground upon which the President may erect

    (at his personal expense) "A President's House for use as the

    official and private family residence of the President?"



    If this is done, and the President should build the house,

    it should be expressed in the lease that the land will remain

    the property of the State University, subject to the lease,

    and the President's House will be the private property of the

    President.



    It should also be expressed in the lease that the Regents are

    to have control over the premises the same after the house is

    built as over other University property, and that upon the

    ceasing of the present, or any succeeding President, to whom

    the house may be demised, to be President of the University,

    the Regents are to have the refusal to purchase for the Uni-

    versity the building, at cost, less the actual wear and tear;

    and in no event shall the house be transferred to, or be

    occupied by any person or persons, except the President of

    the University and his family and guests, without the offi-

    cial consent of the Board of Regents.



    Under such conditions it is my opinion that the Regents have

    the authority to lease suitable University land to the Pres-

    ident of the University upon which to, and for the purpose

    of permitting him to build a President's House for the uses

    named.



    I do not wish to be understood as advising that the Regents

    would be authorized to lease any University property to any

    except those directly connected with and constituting a part

    of the University, and then only when the property leased is

    used only for University purposes, and supervised by the

    Regents to the extent of leaving under their supervision all

    matters relating to the University.



    I advise that the lease, before execution, be submitted to

    and approved by the State Board of Examiners, of whom the

    Governor and Secretary of State are members, that they may

    be personally informed of the transaction before execution.



                             Respectfully,



                             W. D. Jones

                             Attorney-General



Regent Deal offered the following preamble and resolution which

was upon motion carried.



    WHEREAS, it is absolutely necessary that the President of the

    State University should reside upon the grounds at the Uni-

    versity belonging to the State, and



    WHEREAS, by reason of the crowded condition of the buildings

    now erected there is no sufficient or suitable accommodation

    for the President or his family, and for the above and other

    causes it is for the best interests of the University that

    there be constructed and furnished, as soon as practicable,

    a suitable home and official residence for the President;



    WHEREAS, there are no public funds appropriated or available

    for the purposes of constructing or furnishing such a resi-

    dence, and



    WHEREAS, J. E. Stubbs and others have agreed to advance to

    the State of Nevada until the State of Nevada may repay the

    same, a sum of not less than Seven Thousand dollars, to be

    expended for such purposes as the Board of Regents may di-

    rect, upon condition, that a portion of the grounds of the

    University suitable for said purposes and herein after de-

    scribed, shall be leased to said J. E. Stubbs at a nominal

    rental until the said sums so advanced, are repaid.



    THEREFORE, be it RESOLVED by the Board of Regents in meeting

    regularly assembled, that the President and Secretary of the

    Board be, and they hereby are authorized in the name and on

    behalf of the State of Nevada, by and through the Board of

    Regents of the Nevada State University, to execute and de-

    liver to J. E. Stubbs a lease at an annual rental of One dol-

    lar, for the period of ten years, with the right of succes-

    sive renewals for the same period, upon the same terms, and

    until all sums of money advanced by J. E. Stubbs and others,

    for the purpose of building and furnishing an official resi-

    dence, thereon for the President of the University, have been

    repaid by the State of Nevada.



No further business appearing, the Board adjourned to meet at

the call of the President.



                             J. N. Evans

                             President



Geo. H. Taylor