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