September 9-10, 1954
Volume 7 - Pages 62-70
UNIVERSITY OF NEVADA
September 9, 1954
The Board of Regents met in regular session in the President's
office at the University on Thursday, September 9, 1954. The
meeting was called to order at 10:05 A.M. by Chairman Ross.
Present: Regents Hardy, Crumley, Grant, Lombardi, Ross, Comp-
troller Hayden and President Stout.
Reporters present to cover the meeting were Robert Laxalt, James
Hulse and George Umberhauer.
1. Minutes of Previous Meetings
Motion by Dr. Lombardi carried unanimously that the minutes
of the previous meetings be approved as follows:
a) Regular meeting of August 2, 1954
b) Special meeting of August 13, 1954
2. Comptroller's Claims
Claims which had been approved by the Executive Committee
were presented for approval of the Board.
Motion by Dr. Lombardi carried unanimously that the claims,
as follows, be approved:
Regents Checks, Nos. 45-20 to 45-36 inclusive for a
total of $190,472.70 for August.
State Claims, Nos. 45-13 to 45-25 inclusive for a
total of $93,177.41 for August.
3. Personnel Recommendations were presented by the President
1) Appointment of Anne H. Kenny as Sub-Professional
Assistant in the Library at a salary of $225 per month,
effective September 1, 1954, in the place of Mr. Smith,
2) Reappointment of Jay Jeffers as Assistant in Geology
for the period June 10, 1954 to August 12, 1954 at a
salary of $337.50 for the period. (Las Vegas)
3) Reappointment of Jay Jeffers as Assistant in Geology
for the period September 27, 1954 to November 5, 1954
at a salary of $337.50 for the period. (Las Vegas)
4) Appointment of Emma Birkmaier as Assistant in Education
for the period August 9, 1954 to August 27, 1954 at a
salary of $681.95 for the period. (Las Vegas)
5) Appointment of Duncan W. Cleaves as Lecturer in Chem-
istry for the period September 1, 1954 to June 30, 1955
at a salary of $1000 for the period. (Las Vegas)
6) Appointment of Frank J. D'Amico as Assistant in Foreign
Languages for the period September 1, 1954 to June 30,
1955 at a salary of $1800 for the period. (Las Vegas)
7) Appointment of Warren W. Frank as Assistant in Art for
the period September 27, 1954 to December 17, 1954 at
a salary of $500 for the period. (Las Vegas)
8) Appointment of Paul L. Gardner as Assistant in English
for the period September 27, 1954 to December 17, 1954
at a salary of $450 for the period. (Las Vegas)
9) Appointment of Donald R. O'Connor as Assistant in Psy-
chology for the period September 1, 1954 to June 30,
1955 at a salary of $900 for the period. (Las Vegas)
10) Appointment of Ethelind M. Steinheimer as Assistant in
Mathematics for the period September 1, 1954 to June
30, 1955 at a salary of $1575 for the period. (Las
11) Appointment of John L. Carline as Graduate Assistant in
Physical Education at a salary of $375 for the Fall
12) Appointment of Evelyn Bibb as Assistant in English at
a salary of $1000 for the Fall semester 1954 to teach
Freshman English, in the place of Mr. Houston, re-
13) Appointment of Betty J. Eilertsen as Assistant Profes-
sor of Foreign Languages at a salary of $4500 for the
academic year 1954-55 in the place of Dr. Paolozzi,
14) Appointment of Edward L. Randall as Commissioner of
Food and Drugs, Petroleum Products Inspection, effec-
tive July 1, 1954 at a salary of $7200 per year, to
fill the vacancy caused by the death of Wayne Adams.
15) Salary increase for Stanley D. Johns, Chemist in the
Department of Food and Drugs, to $4557 per year, ef-
fective October 1, 1954 to compensate for increased
responsibilities due to the promotion of Mr. Randall.
16) Appointment of Howard P. Cords as Assistant Professor
of Agronomy and Assistant Agronomist, effective August
1, 1954 at a salary rate of $5400 per year.
Motion by Mr. Grant carried unanimously that the above rec-
ommendations 1 through 16 be approved.
17) Appointment of Lt. Col. Robert L. Bereuter as Professor
of Military Science and Tactics, effective August 9,
1954 in the place of Lt. Col. Loewus, transferred.
Motion by Dr. Lombardi carried unanimously that recomenda-
tion, item 17, be approved.
18) Resignation of D. F. Abell as Instructor in Physics,
effective July 1, 1954 in order that he may give full
time to complete his doctorate.
Motion by Dr. Lombardi carried unanimously that the recom-
mendation, item 18, be approved.
The Board recessed as a Board of Regents and convened as a Board
of Control for the Agricultural Experiment Station to consider
the following personnel recommendations.
19) Appointment of Howard P. Cords as Assistant Professor
of Agronomy and Assistant Agronomist in the Agricul-
tural Experiment Station, effective August 1, 1954 at
a salary rate of $5400 per year, 1/2 from Resident
Teaching and 1/2 from Experiment Station funds.
20) Appointment of John F. Griffiths as Laborer at Knoll
Creek Field Station, Contact, Nevada, effective July
1, 1954 at a salary of $2700 per year, plus house.
Motion by Mr. Hardy carried unanimously that the recommenda-
tions, items 19 and 20, be approved.
The Board adjourned as a Board of Control for the Agricultural
Experiment Station and reconvened as a Board of Regents.
4. Policy Recommendations
The President presented the following recommendations:
1) That the fee for "non-matriculated" or "part-time" stu-
dents registered for fewer than 12 credits in Evening
Division, Saturday and Extension programs be increased
from $7.50 per credit to $10 per credit, plus laboratory
fees, if any, and that the fee for "auditors" or "non-
credit" enrollees be kept at the present rate of $5 per
credit, plus laboratory fees, if any, effective with
the Fall semester, 1954.
2) That a refund policy be established for "non-matriculat-
ed" or "part-time" enrollments as follows, effective
with the Fall semester 1954:
a) In case of withdrawal before the end of 1/4 the
total scheduled number of sessions of the class, a
refund of 3/4 the total fees for the course paid
by the student will be made.
b) In case of withdrawal thereafter, no refund of fees
will be made.
Motion by Mr. Hardy carried unanimously that the above rec-
ommendations, items 1 and 2, be approved.
5. Needs of the University in Budget Form
Budget summary reports showing cuts since last Regents meet-
ing had been prepared by the Comptroller and were distribut-
ed to the Regents for consideration. President Stout ex-
plained that after the last meeting of the Board of Regents,
he had taken the suggestions of the Regents to the Deans
who, in turn, took them up with their Department Chairmen.
The budget cuts herewith presented are the result of these
conferences and also of conferences between the President
and the Comptroller.
The Board recessed at 11:35 for luncheon.
The recessed meeting of the Board of Regents was called to order
by the Chairman at 2:25 P.M. in the President's office. All
Regents, the President and the Comptroller were present.
Reporters covering the afternoon session were Robert Laxalt,
Bryn Armstrong, James Hulse and George Umberhauer.
6. Fleischmann Foundation
President Stout reported on the meeting of the Board of
Regents and himself with representatives of the Trustees
of the Max C. Fleischmann Foundation of Nevada, as follows:
At a joint meeting of the Trustees of the Max C.
Fleischmann Foundation and the Board of Regents of
the University of Nevada, it was determined that the
$800,000 already granted to the University by the
Foundation shall be used to construct a College of
Agriculture building on the Campus which will include
Life Sciences and Home Economics. Additional neces-
sary funds to complete the project will be granted by
the Fleischmann Trustees when accurate costs have been
determined by the Regents.
The College of Agriculture will be developed as a
memorial to Major Max C. Fleischmann who, during his
lifetime, gave the University its fully equipped dairy
farm, a registered herd and a maintenance endowment
fund. Many thousands of dollars of scholarships to
aid worthy students who were wholly or partially self-
supporting were also given by Major Fleischmann. Be-
fore his death he expressed a desire to further aid
the Nevada College of Agriculture, expressing a belief
that it was of great importance to the State.
Mr. Crumley presented the following resolution:
WHEREAS, during his lifetime Major Max C. Fleischmann
demonstrated a great and sincere interest in the Uni-
versity of Nevada, and
WHEREAS, during his lifetime Major Fleischmann indicated
a particular interest in the University of Nevada Col-
lege of Agriculture, and
WHEREAS, since the demise of Major Fleischmann, the
executors of his estate have carried out his wishes by
granting substantial sums of money from the Fleischmann
Foundation to the University of Nevada to be used spe-
cifically for improvement of the Agricultural College,
NOW, THEREFORE, BE IT RESOLVED that the University of
Nevada Board of Regents does hereby unanimously name
the University of Nevada College of Agriculture the
"Max C. Fleischmann College of Agriculture".
Motion by Mr. Hardy carried unanimously that it be adopted
and a copy forwarded to the Chairman of the Trustees of the
7. Richardson Case
At 2:30 P.M. Mr. Barrett, representing the Office of the
Attorney General, met with the Regents to discuss the fol-
lowing letter regarding the claim of Frank Richardson:
We submit the following principles of law and citations
relative to the expenses incurred by Dr. Frank Richard-
son in securing employment after his discharge from his
employment at the University of Nevada.
The Supreme Court of Nevada in the case of State ex
rel Richardson v. Board of Regents of the University of
Nevada, case No. 3759, decided April 20, 1954, held
that the record presents no substantial support of
either the finding of insubordination or the finding
of lack of cooperation and presents no cause for re-
moval. The order of June 3, 1953 removing petitioner
as a member of the faculty of the University of Nevada
The relationship between the State Board of Education
and State University Professor was that of employer
State ex rel Phillips v. Ford, 151 P(2) 171.
A Professor in a State University, appointed for a fixed
term with a fixed salary is generally held not a public
officer in such a sense as to prevent his employment
from creating a contractual relationship between himself
and the Regents. 55 Am. Jr. page 10.
Discharge before performance of contract.
The parties to a contract which is wholly executory have
a right to the maintenance of the contractual relations
up to the time of performance as well as a performance
of the contract when due.
Rochin v. Hoist, 178 U. S. 1.
General rule as to amount recovered for breach of con-
tract of employment.
The amount to be deducted is the net amount received by
the teacher from outside sources after reducing the
entire amount received by the amount of added expenses
incurred in securing and retaining the new employment,
unless an offer of other employment was made and refused
without justification. 56 C. J. Page 414.
It is the duty of the employee to reduce the damage by
accepting similar employment. While that is true it is
also true that a man has the right to select his own
profession or calling or line of work, and is not re-
quired to leave his chosen calling and seek employment
in another line of work in order to reduce the damage
that may accrue to him by his employer's breach of con-
Taylor v. Pope, 259 S. W. 527.
If he was compelled to leave the State to find it (em-
ployment) that act cannot inure to the benefit of the
agency that made this necessary.
Smith v. Board of Education, 23 F. Supp. 328.
Damages for wrongful discharge included salary lost
until employment was secured, plus reimbursement for
necessary and reasonable expenses in hunting other
Reuch v. Hayes Equipment Mfg. Co., 8 P(2) 346.
A teacher who has been wrongfully discharged before
termination of his contract is not required to seek
work in some other line, nor is he bound to seek or
accept employment as a teacher of an inferior kind in
order to mitigate damages.
State ex rel Freeman v. Sierra County Board of Educa-
tion 157 P(2) 234.
Generally a person is entitled to recover all reasonable
and necessary expenses to which he may have been put by
reason of a breach of contract, and if special damages
are natural consequences of breach they may be recover-
Walpole v. Prefab Mfg. Co., 230 p(2)36.
In an action by a teacher to recover damages for wrong-
ful discharge, it was held by the court that a teacher
wrongfully discharged before termination of contract
who thereafter obtained similar employment in a distant
town but at a reduced salary, was held entitled in her
action for damages for wrongful discharge to have amount
of expenses necessary incurred in securing the new
employment, before subtracting the latter from the
salary she would have earned under the broken contract.
The measure of damages for the breach of contract of
employment is prima facie the sum stipulated to be paid
for the services and the burden of reducing the damages
by proof that the servant has, or might with reasonable
diligence, have obtained other remunerative employment
after his discharge, rests on the employer.
Plaintiff would be entitled to show in rebuttal the ex-
pense in securing new employment and additional costs
to her in performing the duties of such new employment.
School District v. Nash, 140 P 473.
The question as to whether or not one suing for a breach
of contract based upon a wrongful discharge before the
expiration of the term of employment may charge the
defendent with expenses incurred in obtaining new em-
ployment for the unexpired term, and for additional and
necessary expenditures and outlays caused by the change
from the old to the new place of employment, seems to
be settled in the affirmative by the general trend of
authority. School District v. Nash, supra.
The facts in each particular case determine the princi-
ple of law to be applied. In the case of Dr. Richardson
the question of reimbursement for transportation expense
is one of fact to be determined by the Board of Regents
in the light of the above cited law on the subject,
with consideration being given to a possible doubt as
to whether reimbursement for transportation of Dr.
Richardson's family is justified.
Very truly yours,
W. T. Mathews, Attorney General
By /s/ George P. Annand
Deputy Attorney General
President Stout read the claim of Dr. Richardson (Regents
minutes of June 5, 1954) and Chairman Ross asked for clari-
fication, specifically whether or not the University is
obligated to pay the claim for transportion of Dr. Richard-
son and his family.
In his discussion, Mr. Barrett stated that if it is proven
that the University is legally obligated to pay the claim,
his opinion is that the University is authorized to pay it;
that the breach of contractual relations was pretty well
established by the Supreme Court; that it is the opinion
of the Attorney General that if payment is not made, a
suit will likely follow, and that it would be difficult
for the Attorney General's office to defend the University,
in light of cases already decided and quoted in above
letter from Mr. Annand. He stated that the letter was
worded as it was because there is a possibility that the
court decision, if such should occur, would be in favor of
the University, although the Attorney General thought there
is a good chance that it would not.
Motion by Mr. Hardy carried unanimously that the claim of
Dr. Frank Richardson for travel expenses for himself and
his family be paid, upon the advice of the Attorney General
as expressed through Mr. Barrett.
Upon suggestion of Mr. Hayden, Mr. Barrett agreed to prepare
a release for signature of Dr. Richardson.
8. Needs of the University (Continuation of Item 5)
Motion by Dr. Lombardi carried unanimously that the operat-
ing budget be approved as presented.
President Stout discussed the need for providing addi-
tional classroom space so that some of the temporary
buildings might be discarded and in order to prepare
for the expected increase in enrollment. In conference
with the architect and Mr. Mackenzie, Secretary to the
State Planning Board, it had been determined, that ap-
proximately 6500 square feet of space would be needed.
At 3:20 P.M. Mr. Edward Parsons, architect, came into
the meeting to discuss further the classroom needs of
the University, as determined in conference with Mr.
It was agreed that additional and more specific in-
formation be presented to the Regents at their next
meeting concerning present buildings which might be
remodeled and the contemplated new building program.
President Stout discussed the need for housing facili-
ties for married students, pointing out that the present
buildings are in such poor condition that they need to
be replaced. He discussed a federal loan, and the pro-
vision of the State Constitution that such loan would
have to be repaid in 20 years.
The President recommended that the University request
the Legislature for authorization to construct a hous-
ing project of 100 units at a cost of $750,000, $375,000
to come from self-liquidating bonds and $375,000 from
general obligation bonds.
Motion by Dr. Lombardi carried unanimously that the
recommendation be approved.
9. Las Vegas Bank Depository
The President pointed out the need for a place in Las Vegas
where money collected might be deposited.
Motion by Mr. Crumley carried unanimously that the Comptrol-
ler be authorized to establish an account in a Las Vegas
bank to take care of this need.
10. College of Agriculture - Fleischmann Foundation (Continua-
tion of Item 6)
The matter of an architect for an Agricultural building to
be erected as a memorial to Major Fleischmann was discussed.
Mr. Parsons, who had drawn previous plans and who had worked
with Dean Hutchison and his staff, declared the plans al-
ready drawn as now being obsolete. Mr. Parsons discussed
the established architect's fee, 6% of construction, which
includes supervision to the extent of avoiding difficulties
and seeing that each sub-contractor knows his responsibili-
Motion by Mr. Lombardi carried unanimously that Mr. Parsons
be employed as architect on the Max C. Fleischmann College
of Agriculture building, to work with the Board of Regents
and with the Trustees of the Max C. Fleischmann Foundation
of Nevada, at a fee of 6% of cost of construction.
Motion by Mr. Grant carried unanimously that Mr. Parsons
be instructed to keep in touch with the President and to
begin immediately to prepare estimates of cost to be sub-
mitted to the Trustees of the Max C. Fleischmann Foundation
Mr. Parsons in accepting thanked the Board for its con-
sideration of him as architect for the new building.
Motion by Mr. Grant carried unanimously that the Agricul-
tural building be named the "Max C. Fleischmann Memorial
It was agreed that, as previously set forth in projected
planning of the Campus, the building be placed facing the
intersection of Evans Avenue and Ninth Street in the
The President was requested to look into the situation of
the spur track in that area to determine the obligation of
the University, if any, concerning it, and to report to the
Board at its next meeting.
11. Coppermines Foundation, Inc.
A letter dated September 2, 1954 from the Consolidated
Coppermines Corporation, Kimberly, Nevada, was read as
Recently Consolidated Coppermines Corporation formed
what is now known as Coppermines Foundation, Inc. One
of the purposes of this Foundation is to establish and
maintain a fund that can be used to defray the expenses
of a College scholarship in the amount of $500 per year.
The Foundation will award this scholarship to some de-
serving student starting with the present College year.
Time does not permit us to work out a detailed and
formal set of conditions governing the establishment
of such a scholarship, particularly as it is to be
effective for the present College year. However, it
has been decided to award the first annual scholarship
to Nick Reyes, a graduate of the White Pine County
High School in the class of 1954. Mr. Reyes plans to
attend the University of Nevada and to enroll in the
School of Engineering for the coming semester and will
continue in College, finances permitting.
In order to comply with the customary rules of the
Treasury Department in matters of this kind, we there-
fore would like to set up a scholarship in the amount
of $500 at the University of Nevada with the under-
standing that the money will be given to a graduate of
the White Pine County High School. A committee consist-
ing of a representative of Consolidated Coppermines
Corporation of Kimberly, a member of the White Pine
County High School faculty and one representative of
the community at large will recommend each year the
student who in their estimation best meets the stand-
ards expected by the Foundation.
It is my understanding that in matters of this kind it
is customary to have the University Admission Officer
or some other designated member of the faculty disburse
this fund to the recipient at regular intervals through-
out the College year, providing satisfactory progress
is being maintained by the student. My tentative
thought is that this amount should be made in 4 quar-
terly payments spread throughout the academic year.
If the arrangements as set forth above are satisfactory
to you and the University authorities, please advise
me as to how the check should be made out so that I
can have it forwarded promptly.
Any suggestions that you or your College committee on
scholarships have to offer will be greatly appreciated
by me, I assure you.
Yours very truly,
/s/ Arthur J. O'Connor
Coppermines Foundation, Inc.
Motion by Mr. Grant carried unanimously that the scholarship
be accepted and that the Secretary write a note of thanks to
the Consolidated Coppermines Corporation on behalf of the
Board of Regents.
12. Las Vegas Meeting
The meeting to be held in Las Vegas, Nevada, was set for
Thursday, October 7, 1954 in the Administration building
of the Las Vegas School System.
The meeting adjourned at 4:45 P.M.
The next regular meeting was set at the call of the Chair.