09/09/1954

 

UCCSN Board of Regents' Meeting Minutes
September 9-10, 1954




09-09-1954
Volume 7 - Pages 62-70

                    UNIVERSITY OF NEVADA
                       REGENTS MEETING
                      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
     as follows:

      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,
          resigned.

      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
          Vegas)

     11)  Appointment of John L. Carline as Graduate Assistant in
          Physical Education at a salary of $375 for the Fall
          semester 1954.

     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-
          signed.

     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,
          resigned.

     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
     Fleischmann Foundation.

 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
         was vacated.

         The relationship between the State Board of Education
         and State University Professor was that of employer
         and employee.

         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-
         tract.

         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
         employment.

         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-
         ed.

         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.

     Classroom Facilities

         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.
         Mackenzie.

         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.

     Housing Units

         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-
     ties.

     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
     of Nevada.

     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
     Building".

     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
     lower Campus.

     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
     follows:

         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
                             Vice President
                             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.