RESOLUTIONS-SPECIAL
BOARD MEETING
February 24, 1943
Roll Call
Colonel Samford welcomed Governor Sparks and
Superintendent Norton
No. 1 - Approval of Minutes
No. 2 - Authorization for Purchase of additional Airport
Property
No. 3 Accepting United States Offer on Airport
No. 4 - Authorization for Completion of Acceptahce of Offer
No.5 - Authorization to make"Contracts' with War Manpower
Commission or any Branch of the anned '" se~rice
No. 6 - Acceptance of the George Hall Hazlehurst Fund
No. 7 - Authorization to Award Diplomas to graduates on
Sunday, February 28, 1943 (List attached)
No.8 - Recessed until Tuesday, March '2J, 1943
BOARD MEETING
February 24, 1943
A special meeting of The Alabama Polytechnic Institute was held on
the 24th day of February, 1943, pursuant to the appointment of said
meeting by Honorable Channcey Sparks, Governor of the State of Alabama
and Ex-Officio President of the Alabama Polytechnic Institute, which
appointment was issued in compliance 'with the written application of
four members of The Alabama Polytechnic Institute set out herein,
immediately precedi ng the appointment set forth below, to act upon
any and all matters and doing any and all things necessary and
pertaining to the development of the Auburn-OpelikaAirport, including
t he nurchase of additional land and the authorizati on of the execution
of a contract with' the Federal Government in connection' with the third
runway on which the Federal Government has allocated an additional
$180,000.00, and for the purpose of tran sactin~ 'such other business
as may be brought before said Board. :i:n accordance with Chapter 25,
Title 52, Section 480, ' Page 180 of the Code of Alabama for 1940.
"Honorable Chauncey Sparks
State Capitol
Montgomery, Alabama
"Dear Governor Sparks:
APPLICATION
"Montgomery, Alabama
January 23, 1943
"We, the undersigned members of the Board of Trustees of the
Alabama Polytechnic Institute, do hereby request· 'you to call a
special meeting of the Board of Trustees ' of the Al:abama Polytechnic
Institute, to convene in the Governor's office 'at Montgomery, Alabama,
Wednesday, February 24, '1943, for the purpose of acting upon any and
all matters and doing any and all things necessary and '- pertaining to
the development of the Auburn-Opelika Airport', including the 'purchase
of additional land and the authorization of the execution of a
contract with the Federal Government in connection with' the third
runway on v,nich the Federal Government is proposing -to 'spend an
addi tional $180,000.00 and to transact such other business' as' may
be brought before said Board, in accordance "with, Chapter' 25; Title
52, Section 480, Page 180, of the Code of Alab8~afor 1940.
sl T. D. Samford
T. D. Samford, Member Board of Trustees sl George -E. Blue
George B1:ue', Member Board of Trustees
sl S. L. Toomer
S. L. Toomer, Member Board of Trustees sl E. B. Norton
E. B. Norton, Member Board of Trustees
ALABMffi POLYTECHNIC INSTITUTE"
Page 2
Board Minutes
February 24, 1943
Pursuant to the filing of the application, the Honorable Chauncey
Sparks, Governor of the State of Alabama and Ex-Officio President of
The Alabama Polytechnic Institute; on the same date of the receipt
of the a.pplica.tion, January 25, 1943, made an appointment of a special
meeting of The Alabama P0lytechnic Institute, which appointment is set
forth next below:
Chanuncey Sparks
Governor
APPOINTMENT
"STATE OF .ALABAMA
Executive Department
Montgomery
January 25, 1943
Geo. Bliss Jones
Secretary to the Governor
Mrs. Mab e1 Amos
Recording Secretary
A. M. McDowell
"Honorable Chauncey Sparks, President
Board of Trustees Ex-Officio
Legal Adviser
Alabama Polytechnic Institute
State Capitol
Montgomery, Alabama
My dear Governor:
Pursuant to the request of Messrs. T. D. Samford, -1
George Blue, S. L. Toomer, and E. B. Norton, members of the Board
of Trustees of the Alabama Polytechnic Institute, and in keeping
with Chapter 25, Title 52, Section 480, Page 180, of the Code of
Alabama of 1940, I, Chauncey Sparks, (iovernor of the State of
Alabama and President of the Board. o.f Trustees, EX:...offieio, do
hereby officially notify you, a member of said Board"that a
Special Meeting of the Board of Trustees, of the Alabama Polytechnic
Institute is hereby caJ.led to meet in the Governor"s ·Office at 11:00
A.M., in Montgomery; Alabama, Wednesday, February 24, 1943, for the
purpose of acting upon any and 'all matters and doing any .and all
things necessary and pertaining to' the development of the Auburn-
Opelika Airport, inclu(ung the purchase of additional land and the
authorization of the execution of a contract with the 'Federa1 Govern-ment
in connection with the third runway on which the Federal Government
is proposing to spend an additional $180,000.00 and to transact such other
business as may be brought before said 'Board.
"Very truly yours
s/ Chauncey Sparks
CHAUNCEY SPAPXS,Governor, and
President of the Board of Trustees
Ex~fficio of the Alabama Polytechnic
Institute."
"Receipt of the above notice is hereby acknowledged ' on this the 1st day
of February, 1943.
s/ Chauncey Sparks
President, Ex-Officio
Board of Trustees"
"
Page 3
Beard Minutes
February 24, 1943
The meeting was 'Opened by the Ch'airman 'Of the BOard, Governer Chanucey
Sparks, whe asked fer a rell call by the Secretary.
"
Upen rell call the fellewing members were present: Messrs. Sparks,
Culver, Greene, Haley, Hansen, Hare, Merrill, Samford, Teemer.
and the felle'V'r.i.ng were' absent: Messrs'. Nerten, Blue, O'Neal.
A quorum being present the meeting was opened fer business.
Colonel T. D. Samford then asked te be recegnizedand was granted the
floer by the Chairman, Geverner Sparks.-- Celonel Samford expressed on
behalf of the members' ef the Beard and the Alabama Pelytechnic Institute
their pleasure· in having Governer Sparks ' and Superintendent Norton as
new ex-officie members of the Board' of Trustees.- ' For the Board he expressed
his f aith in the fearless and progressive leadership in statewide
and educational affairs of Governor Sparks and Superintendent Norton
and assured these gentlemen ,of -the full cooperation and support 'Of the
trustees and f aculty of the Alabama Polytechnic Institute.
APPROVAL OF PPlWIOUS MINUTES
RESOLUTION" NU. 1
Upon moti on by Doctor Hanson, seconded by Colonel Sam~ord, the foll ovr.i.ng
resolution was approved:
Approval of the minutes of' previeus meeting of the Board of Yrustees held
on June 1, 1942, as recerded.
Mr. P. S. Haley presented t~e folle1~ng resolution, seconded by Judge R. K.
Greene, and upon roll cal l all members present 'voted aye:
RESOLUTION NO. 2
AUTHORIZATION FOR THE PURCHASE OF ADDITIONAL LANDS FOR
THE AUBORN:':':OPELIKA AIRPORT
VJHEP.EAS, the Administrater of Civil Aeronautics of the United States Department
of Commerce has made an offer to the Alabama Polytechnic Institute to
further develop the Auburn-Opelika Airport by the construction of a third
runway and te expend in such development the sum of $180,000.00, more or
less, and
WHEREAS, as a condition"precedent to the accept ance of this off er the
Alabama Polytechnic InstitutemU'st ' purchase additienal acrea:geadjacent
to the lands now occupied by the-'Auburn-Opelika Airport' in ' order that the
contemplated runway -may be ccnstructed and extended as set -cut in the
offer by the Administrater, and
WHEP.EAS, such lands ha-ve -been made available' to the Al abama Polytechnic
Institute at a reasenab'le price,
THEP~OP~, BE IT P~OLVED by the Board of Trustees of the Alabama Pelytechnic
Insti tute, that L. N. Duncan, President, 'Or such ether persen as may be
acting as such, be and he is hereby authorized, empowered and instructed
to purchase from Kat 'e Hudmon Frisb~e, Marien HudInen St allings, and Glenn
Page 43
Board llinutes
February 24, 1943
Hudmon Pitts, all of their interest and titles, individually and collectively, '
in and to the following described tracts of land comprisj"ng 71 acres, ritore or
less, at a price not t o exceed $3199.50, and other good and v8~uable consideration:
TEACT I
To ascertain the beginning point of the lot herein described begin
at the Southeast corner of Section 22, Townshi-p19 North, E81lge 26
East, in Lee County, Alabama, and run thence North ' a£(l)ng the Section
line 1745.0 feet to the old Opelika-Aubum' public road 'and' to the
corner of the J. D. Orr property at or' near the colored church;
thence West along said Opelika-Auburn public road as it was located
in May and July 1931, 3763.0 feet to what was the ' Southeast corner
of the Drake property in "1931, thence South 57 degrees, 43 minutes
East for a distance of 914.5 feet, thence South 2 degrees 49 minutes
East 2321.0 feet, thence South 81 degrees 15 minutes West 1788.4 feet
to the ' point of beginning: from' thi's beginning point' run South 2
degrees 11 minutes Ea.st 932.7 feet, thence South 8? degrees 04 minutes
West 1120.2 feet, thence North" 54 degrees 09 rninutes West 702.9
feet, thence North 35 degrees 51 minutes East 1805.0 feet, thence
South 4 degrees 39 minutes East 967.5 feet, thence ,North 81 degrees
15 minutes East 522.8 feet to the point of beginning, containing 38.5
acres, mo,re or less, being partly in Section 27 and partly in Section 28,
To~nship 19 North, Range 26 East, Lee County, Alabama.
TRACT II
To ascertain the beginning point of the lot herein described begin
at the Southeast corner of Section 22, Township 19 North, Range 26
East, in Lee County, Alabama, and run thence North along Section line
1745.0 feet to the old Opelika-Auburn public road and to the corner
of the J. D. Orr property at or near the colored church; thence West
along said Opelika-Auburn publ ic road as it was located in May and
July 1931, 3763.0 feet to what was, the Southeast corner of the Drake
property in 1931, thence South 57 degrees, 43 minutes East for a
distance of 914.5 f eet, thence South 2 degrees 49 minutes East 1200.0
feet to the point of beginning: From this beginning point run South
2 degrees 49 minutes East 1121.0 feet, thence South 81 degrees 15
minutes West 309.5 feet, thence North 4 degrees 09 minutes West
1153.3 feet, th ence North 87 degrees 11 minutes East 334.7 f eet to
the point of beginning, containing 8.4 acres beirrg partly in Section 22
and partly in Section 27, Township' 19 North, Range 26 East,- Lee County,
Alabama. (8.4 acres, more or less)
TEACT III
To ascertain the beginning point' of the lot herein ' described begin
at the Southeast corner' of Section "22,' Township 19 'North, Range 26
East, in Lee County, Alabama, and run thence Northalong ,the Section
line 1745.0 feet to the old Opelika-Auburn publ ic road and t o the
corner of the J. D. Orr property at or near the colored church;
thence West along said' 0pelika-Auburn publ ic road as it was located
in May and July 1931, 3763.0 feet to what was the Southeast corner
of the Drake property in '1931, thence South 57 degrees, 43 minutes
· "
Page ~
Board Minutes
February 24, 1943
east for a distance of 914.5 feet, thence North 2' degrees 49 minutes
West 219.L:. feet to the point of beginning: from this beginning point
run North '2 degrees 49 minutes West 410.6 feet, thence North 76 degrees
52 minutes East 674.5 feet, thence South 68 degrees 58 minutes East
327.0 feet, thence South 55 degrees 23 minutes "East 1758".3 feet, thence
North 76 .degrees 58-minutes West , 2452~Lfeet to the point of beginning
containing 24.2 acres, more or less, being in Section 22, Township 19
North, Range 26 East, Lee County, Alabama. (24.2 acres, more or less)
BE IT FURTHER F..ESOLYED that L. N. Duncan, President of' the Alabama Polytechnic
Institute, or such other person as may be acting as such, be and he i s hereby
authorized, empowered, and instructed to receive the deeds to the above described
tracts of l,and for and in the name of+A!e iUaI d Of '1 astees ef the .Al-abama-',,Polytechnic
Institute.
Mr. P. S. Haley then presented the following resolution, seconded by Mr.
S. 1.. Toomer, and upon roll' call all members present voted aye:
RESOLTUION 'NO. 3
F..ESOLUTION CONSTITUTING AGREThLENT WITH THE
UNITED STATES F..ELATIVE TO OPERATION AND
MAINTENANCE OF THE AUBUF.N-OPELIKA AIRPORT
vVHEF~S, the Administrat or of Civil Aeronautics of the United States Department
of Commerce (hereinafter referred to as the "Ad.tuinistrator"), .vi th the approval
of a Board composed of the Secretary of War, the Secretary of the Navy,
and the Secretary of Commerce, has designa.ted as necessary for national defense
, a project (herein called the "Projectll ) for development of the Auburn-Opelika
Airport (herein called the "Airport"), which Project is i dentified as CM Docket
No. 904-1-5; and
1NHEREAS, as a condition precedent to release and operation of the Project,
the Administrator requires that the Alabama Polytechnic Institute (herein called
the "Institutell ) have cert'ain property interests i n the landing area of the
Airport and the lands to be improved under the Proj ect and enter into an agreement
",1.. th the United States (herein called the "Government"), in the manner and
form hereof; and
WHEREAS, the Institute is legally, financially, and, otherwise able to enter
into such an agreement and desires to avail itself of the benefits of prosecution
of the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE-Board of Trustees of the Al abama Polytechnic
Institute:
SECTION I. That for and in consideration of devel opment of the Ai rport
by the Government- as contemplated ' by the' ProJect, the Institute
does hereby covenant ' and agree V'd_ththe Government as follows,
this agreement to become 'effective upon -the award of any
construction contract for any portipn of t he Project or the
inauguration of any portion of the ~roject under force- account, - ~
Page Qi
Board ;tA:inutes
February 24, 1943
and to continue in full force ~~d effect ' during the useful
life of the improvements made under the Project:
(a) The Government · shall have the right to determine the
exact nature of the improvements to be made under the
Project, the manner in which the Project is to be conducted,
the amount of Federal flmds to be expended, and
all other matters relating to the Project. The Institute
will cooperate \vith the Government to ensure prosecution
of the Proj ect vrlthout interference or hinderance, and
agrees to permit the agents and employees of the Government,
and all persons authorized by the Administrator,
to enter upon, use, and occupy the property to be developed,
as the Administrator may deem necessary or desirable in
connection with the conduct of the Project.
(b) The Institute agrees to indenmify and save harmless the
Government against and from any and all claims and damages
whj_ch may arise from or in connection i"J-ith the carrying out
of the Project, excepting claims for j,njuries or death to
persons resulting from willful or negligent acts or omissions
of the Government or any of its officers , employees, agents,
or agencies, all other claims sounding in tort, and claims
for materials furnished or work performed pursuant to
authority given by officers, employees, or agents of
the Government.
(c) It is understood and agreed that all improvffinents ,made
under the Project shall be the sole and absolute property
of the Institute except where specifically agreed other.'.'
i.se, in writing, prior to the underta..1<ing of the improvement
or installation in question.
(d) The Institute agrees that, continuously during the term
of this agreement, the Airport v.rill be operated as such,
and for no other purpose, and that unless utilized
exclusively for military purposes, it ~~ll at all times
be operated for t he use and benefit of the publ ic, on
reasonable terms and vr.ithout unjust discrimination, and
without grant or exercise of any exclusive right for use
of the Airport within the meaning of Section 303 of' the
Civil Aeronautics Act of 1938.
(e) The Institute agrees that it will at all t imes during the
term of this agreement maintain in good and serviceable
condition and repair the entire landing area of the Airport
and all improvements, facilities, and equipment vmich have
been or may be made, constructed;' or 'installed with Federal
aid, including all improvements' made 'under 'theProject,
other than f acilities and equipment ovvned by the Government;
Pr ovided, that during any peri'od the said landing
area or airport improvements, facilities, or equipment
are leased by or licensed to the Govenmrent for military
purposes , the Institute shall be obligat ed to bear only
Page 7
Board i ~inutes
February 24, 1943
that proportion of the expense of maintenance of the
landing area or airport improvements, facilities, or
equipment se leased or licensed, which their non-military
use bears to their total use.
(f) Insofar as is within its powers and reasonably possible,
the Institute will prevent any use of land either within
or outside the boundaries of the Airport, including the
construction, erection, alteration, or growth, of any
structure or other object thereon, which would be a hazard
to the landing, taking-off, or maneuvering of aircraft at
the Airport, or otnerwise limit its usefulness as an airport.
(g) In order to protect the rights and interests of the Government
under this resolution, the Institute agrees that it will not
enter into any transaction which would operate to deprive it
of any of the rights and powers necessary to perform any or
all of the covenants made herein, unless by such transaction
the obligation to perform all such covenp~ts is assumed by
another public agency. The I nstitute further agrees that
it will _not execute any deed, lease, operation or man agement
agreement, or other. inst.r:ument affecting the airport or any
portion or facility thereof or interest therein, even though
the other party to the" transaction i s the Gover nrnent acting
through the War Department of Navy Department, unless thirty
days' notice of its intention so to do has been given to the
Administrator, or unless the Administrator has waived the
right to such notice. A copy of the proposed instrument in
question shall be attached to said notice, which shall state
the date upon which the same i s to be executed.
(h) The Institute agrees that, if requested t o do so by the War
Department or Navy Department, at any tirne during a national
emergency declared by the President, it ~~ll lease the l anding
area of the Airport to the Government for military or naval
use, at a nominal rBntal, for a t erm of one year, r enewable
, annually at the option of the Government for such period as
the Government may designate: Provided, that the lease shall
contain an express stipulation that its term shall not exceed
the duration of the national emergency and six months thereafter
unless ffil extension thereof is approved by the Administrator.
Such lease sho3J_l also contain a covenant on the
part of the Government to permit, by instruments in writing,
use of the leased premises by commercial, private, and other
non-military aircraft to the extent possible without
interfering with military operations, and to be·ar all
of the expenses of maintaining and keeping in good repair
the leased premises and all improvements and f acilities
thereon, other than that proportion of the cost of such
maintenance for ~mich the Institute assumes responsibi l ity
under Section l(e) hereof. The Institute further agrees
that, during all times that th e landing area of the Airport
Pa.ge 8
Board Minutes
February 24, 1943
is not held by the Gov e ~ment under lease, the
Government shall have the right to use such area
in common wi t h others, vn.thout char ge, to the extent
possible ~Qthout requiring limitation of non-nulit ary
operations.
SECTION 2. In order to satisfy the Government tha.t the Institute is
qualified to sponsor the Proj ect under t he project eligibility
requirements of the Civil Aeronautics Admi nistration
and to induce the GoverI1.'11ent to proceed t. .i. :th the Project in
accordance ~~th the offer made by the Institute in Section 1
hereof , the Institute does hereby represent and war rant to
the Government as foll ows:
(a) That the Institute has title in fee simple to all lands
comprisi ng the landing area of the airport and to all
lands to be improved under the Project, which lands are
shown on the sketch attached hereto as part of Exhibit
A, and that s ai d lands are hel d free from any lien,
l ease, easement, or other encumbrance.
(b) That the Institute has the power and authority to adopt
this resolution through its Board of Trustees, and to
perform all of the covenants contained herein.
(c) That the Institute is financially and practical l y a.ble
to perform all of the covenants contained i n this r esolution.
(d) That there is no pending or threatened litigation or
other legal proceedi ng, and no mat eri al and r elevant
fact, illhich might adversely a,ffect the prosecution of
the Project, the ~perat ion of the Airport, or the
performance of any of the covenants contai ned in
Section 1 hereof, which has not been brought to the
attent i on of the Administrator;
(e) That the Board of Trustees of the Alabama Polytechnic
I nstitute is the proper body to adopt t his res olution
and has complied with all requirements of l2~v in so
doing;
(f) That such of the above represent ations and warr ant ies
as involve questions of law are made upon the advice
of the Attorney of the Insti tute, whose certif icate as
to such matters has previously been del ivered to the
Board of Trustees and is annexed hereto and made a
part hereof, as Exhibit A.
SECTION 3. That the Attorney and the Secretary be and they ar e authorized
and directed t o furnish the Administrator copi es of all
documents r epresenting or evidencing the encumbrances described
in Section 2(a) hereof, together with such l egal and
f actual informat ion rel ative to the Ai rport, the Proj ect,
and this r esolution as the Administrator may reasonably
request.
.. 't' .
Page 9
Board Minutes . .
February 24, 1943
SECTION 4. That two certified copies of this r esolution be sent
forthwith to the Administrator, through the Regional Manager
of the Civil Aeronautics Administration, Municipal Airport,
Atlanta, Georgia.
SECTION 5. That this r esolution shall be effect ive immediately.
Mr. T. D. Samford presented the following resolution, seconded by Judge
H. D. Merrill, and upon roll call all members present voted aye:
RESOLUTION NO. 4
AUTHORIZATION FOR COMPLETION OF' AI RPORT PROJECT
wmEF~~S, the Board of Trustees of the Alabama Polytechnic Institute in the
foregoing resolutions has this day:
1. Authorized L. N. Duncan, President of the Alabama Polytechnic
Institute, or such other person as may be acting as such, to
purchase lands for such additions to the Auburn-Opelika Airport,
and
2. Enter into an agreement with the United Stat es Government
relative t o additions to the Auburn-Opelika Airport and the
maintenance and operation of the same;
THEREFORE, BE IT RESOLVED by the Board of Trustees that L. N. Duncan, President
of the Alabama Polytechnic Institute, or such other person as may be acting
as such, be and he is hereby authorized and instructed and empowered t o do
all things necessary and proper for the maintenance and oper ation of the
Auburn-Opelika Airport, including the making of contracts, th e purchase of
supplies and equipment, the employment of personnel, the construction of
necessary additional structures, and the direction of oper ations.
Mr . C. S. Culver presented the f ollo~dng r esolution, seconded by Judge R. K.
Greene, and upon roll call all members present voted aye:
RESOLUTION NO. 5
AUTHORIZATION TO MAKE CONTRACTS WITH WAR MANPOViTER
COMMISSI ON OR Pln OTHER BP..ANCH OF THE AP.MED SERVICE
VlliEP~S, the Alabama Polytechnic Institute has been selected by the joint
Army-Navy War Manpower Conunittee as an institution t o be used in the
specialized training program ' of the armed services of the United Stat es,
subject to the executlon of s at i sfactory contracts for the instruction,
housing, and feeding of the groups of trainees cont emplat 'ed f10r this
institution, and;
~~EF~Sm the Board of Trustees is genuinely desirous that the Alabama
Polytechnic Institute sh2.11 make the fullest contribution possibl e to the
war effort;
Page 10
Board Meeting
February 24, 1943
THEREFORE BE rr RESOLVED by the Board of Trustees that 1. N. Du.'1can,
President of the Alabama Polytechni.c Institute, or such other person
as may be acting as such, be and he i s hereby authoriz ed, instructed,
and empowered to execute contracts with the legal and proper representatives
of the War ManpoV'rer Commission; the War Department; the United States Navy;
or any other branch of the armed service of the United States Government,
and t o do all things necessary and proper for the proper housing, feeding,
and instruction of trainees under these programs, including the making of
contracts, the purchase of additional equipment; the use of available
classroom and laboratory facilities; the employment of necessary per sonnel;
the leasing of housing facilities; the arrangement of proper messing
facilities; the vacating of students in existing college-owned housing
facilities; and all other details necess ary for the proper training,
housing and feeding of trainees under these programs.
Upon motion by Doctor Vic tor H. Hanson, seconded by Mr. Paul S. Haley,
the following r esolution was adopted:
P~OLOTION NO. 6
ACCEPTAl1CE OF THE GEORGE HALL HAZLEHURST STUDENT AID FUND
~~EREAS, George Hall Hazlehurst, Director of the Bureau of Sanitation of the
Alabama State Department of Health, departed this lif e on March 7, 1941, and"
WHEREAS, in his long service 'with the State Department of Health Mr. Hazlehurl3t
had associated with him many engineering graduates of the Alabama Polytechnic
Institute, whose sound engineering training he came to recognize and
hold in high appreciation, and
~~EREAS, becaus e of his interest in, and affection for ambitious young
engineers, he devoted untiring effort to the assistance of many undergraduate
students of engineering of the Alabama :Polytechnic Institute in
the completion of their education, and constantly encouraged young en gineer~ng
graduates t o succeed in their profession, and
WHEREAS, Mrs. Mary lI. Hazlehurst, mother of the deceased has caused t o be
established a trust fund known as THE GEOP~E HALL HAZLEHURST STUDENT AID
FUND, and has endowed this fund in the principal sum of Thirty Thousand
Dollars ($30,000) for the purpose of providing aid for deserving male white
residents of the State of Alabama in obtaining an engineering educat i on at
the Alabama Polytechnic Institute by using the income earned for the gr anting
of loans to engineering students, and
~HEREAS, Mrs. Hazlehurst has created this trust fund as a memorial to her
son for whom the fund is named, and
WHEREAS, Mrs. Hazlehurst has appointed as custodi an and administrators of
the fund under a trust agreement duly and properly executed on J anuary 4, 1943:
H. S. Dumas, President, Southern Bell Telephone & Telegr aph Co.
Atlant a', Georgia
J. H. Austin, Bond Broker, Atlanta, Georgia
J. E. Hannum, Acting Dean of Engineering, Alabama Polytechnic
Institute
NOW, THEHEFORE, BE IT F..ESOLVED by the Board of Trustees of the Alabama Poly-
.. .
I '
, ,
technic Institute:
Page 11
Board Meeting
February 24, 1943
1. That the gratitude of the Board of Trustees for the generosity
of Mrs. Hazlehurst in creating at this institution such a fitti ng
memorial of the life of her distinguished son be communicated to
her by President L. N. Duncan.
2. That the Board of Trustees accepts for the Alabama Polytechnic
Institute the honor and responsibility of training ambitious
young engineers who may be selected by the trustees of the George
Hall Hazlehurst Student Aid Fund.
3. That the Alabama Polytechnic Institute gl adly accepts the designation
of a place of repo'sitory for any and all reports and statements of
the condi t ion of' the George Hall Hazlehurst Student Ai d Fund as
the trustees of the fund may submit.
4. That copies of this r esolution be prepared for Mrs ~ Hazlehurst and
for each of the members of the trustees of the fund.
Upon motion by Mr. Paul S. Haley, seconded by Mr. T. D. Samford, the following
resolut ion was passed by a unanimous vote of the members present:
F~SOLUTION NO. 7
AUTHORIZATION TO AWARD DIPLOMAS TO GFJiDUATES ON
SUNDAY, FEBRUARY 28, 1943
Be it resolved by the Board of T'rustees of the Alabama Polytechnic Institute
that the list of graduates with their appropriate degree as carried
in the program of the Commencement Exercises to be held February 28, 1943,
having been approved by the President and the Faculty of the Alabama
Polytechnic Institute are hereby authorized, ratified and 'confirmed.
Upon mmon by Mr . T. D. Samford seconded by Paul S. Haley, and unanimous
vote of the members present, the board recessed until Tuesday, March 23, 1943.
-P, /.1, L. 7/..---.L
R. B. Draughon ' --;
Secretary
BOARD MEETING
June 7, 1943 - 11 AM
9 A. M. - Meeting of Budget Committee - Report of Meeting Attached
ORDER OF BUSINESS:
Roll Call
Resolutions:
Approval of Minutes of Previous Meeting
Corrmittees Appointed
Approval of Budgets 1943-1944
Approving of Catalog
Degrees Approved
Purchase of Land
Corrective Deed
Honorary Degree - E. B. Norton
College Credit for Military Experience
Approval of Building Administration Building and ~angar
Auburn-Opelika Airport
George Hall Hazlehurst Student Aid Fund
Dea,th of Dean John J. Wilmore
Death of James Allen Kirkley
Travel Reimbursement
Travel Eeimbursement for 1942, etc.
Retirement System (Extension and Experiment Station)
.t...---
BUDGET C0M11ITTEE [{EETING
BOARD OF TRUSTEES
ALABAMA POLYTECHNIC ~ IN STITUT E
President's Home - 9 A.M.
June 7, 1943
PF.ESENT: Paul S. Haley, T. D. Samford, W. B. Bowl ing,
S. L. Toomer, W. T. Ingram, President Duncan
and Ral ph Draughon .
The Committee was called to or der and by consent Mr. Haley
acted as Chairman.
The Board examined and discussed the budget proposed by
President Duncan, and upon motion by Mr . Hal ey, seconded
by Mr . Samford, adopted i t uQanimously.
R. B. Draughon
Secretary
Board of T'rustees
BOARD MINUTES
June 7, 1943
The annual meeting of the Board of Trustees of the Alabama Polytechnic Institute
convened on the !l.rst Monday in June, 1943, (June 7, 1943) at the President's Home.
The meeting was called to order by the Chairman Pro-Tempore, who asked for a roll
call by the Secretary.
Upon roll call the following members were present: Messrs. W. B. Bowling, F. W.
Hare, P. S. Haley, E. B. Norton, Walker Reynolds, T. D. Samford, S. L. Toomer,
, I.
and the follovung were absent: Messrs. Chauncey Sparks, George Blue, R. K. Greene,
V. H. Hanson, Edwa.rd A. O'Neal.
A quorum being present the meeting was opened for business and upon motion by
P. S. Haley, seconded. by S. L. Toomer1. and unanimous vote of the members present,
Colonel T. D. Samford was elected as t'resident Pro-Tempore of the meeting.
(i)
Colonel Samford called attention to the presence of two new members on the board, W~~( ~":J J.s
Superintendent E. B. Norton andl,>-)Judge W. B. Bowling. He made a brief but most r
appropriate staterrlent, giving them a hearty welcome.
Upon motion by Paul S. Ha.ley, seconded by S. L. Toomer, the following resolution
was adopt ed:
RESOLUTION NO. 1
APPROVAL OF MI NUTES OF PREVIOUS MEETING
BE IT F~OLVED that the minutes of the meeting of the Board of Trustees of the
Alabama Polytechnic Institute on February 24, 1943, be approved as recorded.
RESOLUTION NO. 2
COMlvUTTEES REAPPOINTED
The Chairman appointed the following committees:
(1) Budget COllunittee: P. S. Haley, T. D. Samford, Judge W. B. Bowling
(to replace Mr. Culver) and upon motion -by P. S. Haley, seconded by
E. B. Norton, S. L. Toomer was added as a member to increase the
number t o f our. Two members present will constitute a quorum.
(2) Executive Committee-: T. D. Samford, Judge W. B. Bowling (t"Q replace
Mr. Culver),*V. H. Hanson, S. L. Toomer, Walker Reynolds (to replace
Judge Merrill), F. W. Hare.
page 2
Board Minutes
June 7, 1943
Upon motion by Paul S. Haley, seconded by S. L. 'l'oomer, the Budget Committee
recommended the adoption of the budget of the Alabama Polytechnic Institute for
the fiscal year 1943-44, as recommended by President L. N. Duncan. The Board
accepted the recommendation of the Budget Co~~ttee and adopted the follovving
resolution:
RESOLUTION NO. 3
APPROVAL OF BUDGETS 1943-1944
F~OLVED, that the budgets for the Alabama Polytechnic Institute, teaching,
research, and extension, for the college fiscal year beginning July 1, 1943,
and ending June 30,1944, a.s presented by DoctorL. N. Duncan, President, be
and the same are hereby adopted. Provided, 'however, that the amounts fixed in
the budgets for the year 1943-44 and set opposite the names of the res£ective
officers, teachers, employees and attaches of the Alabama Polytechnic nstitute
shall be understood to be estimates only and not fixed salaries, and in no sense
promises to pay and only sums fixed' as a basis for relative amounts to be paid
to such named officers, teachers, employees, and attaches upon a ratio or per
cent of payment of the funds and/or income of the institution for the annual
support and maintenance of said institution. And nothing in said budgets shall
be accepted or construed to be legal obligations or liabilities against the
Alabama Polytechnic Institute.
Mr. Haley explained the ch.anges in the budget for the coming fiscal year.
Upon motion by Walker Reynolds, seconded by F. W. Hare, the follol'ring resolution
was adopted:
RESOLUTION NO. 4
APPROVING OF CATJJ.OG
BE IT RESOLVED by the Board of Trustees of the Alabama Polytechnic Institute
that the catalog for the year 1942-1943, including the announcements for the
year 1943-1944, together "'lith all changes In personnel, titles, r anks, and
courses , as printed therei} , except C\.s _it may be in conflict with the budget
heretofore adopted, be and the same is hereby approved.
Upon motion by S. L. Toomer, seconded by W. B. Bowling, the following r esolution
was adopted:
RESOLUTION NO. 5
DEGREES APPROVED
BE IT RESOLVED by the Board- of Trustees of the Alabama Polyt'echnic Institute
that the degrees awarded by the Faculty ·and ·theExecutive· Council for the
scholastic year 1942-1943 be a.pproved and that a list of the same be attached
and become a part of this resolution.
r
Upon motion by Paul S. Haley, seconded by F. W. Hare, and unanimous
vote of the members present, the following r esolution was adopted:
RESOLUTION NO. 6
PURCHASE OF LAND
page 3 .
Board inutes
June 7, 1943
BE IT HESOLVED that the Board of Trustees hereby authorizes and instructs L. N.
Duncan, President of the Alabama Polytechnic Institute, to purchase 140 acres of
land located in Autauga County at a cost of $1750, t.o be used as a part of the
state-wide experimental forestry work, as follows:
The North Half (tl~ ) of the Northeast Quarter (NE~ )
and the Northeast ~ruarter (NEt ) of the Northwest Quarter
(NWt) of Section Ten (10); t.he North Half (N~) of' the
Southwest Quarter (swt) of the Northeast ~'Uarter (NEt )
of Section Ten (10), all in Tovmship Ei ghteen (18), Rcn ge
Fifteen (15), containing One Hundred and Forty (l~.o) acres,
more or less.
Upon mot ion by S. L. Toomer, s econded by W. B. Bowling, t.he foll owing r esolution
was adopted:
RESOLUTION NO. 7
CORFECTIVE DEED
WHEru~S, in March, 1934, Al abama Polytechnic Inst itute and George Nick Cherry
exchanged tracts of land, the said George Nick Cherry executing and deJivering to
Alabama Polytechnic Insti t.ute deed dated March 22, 1934, r ecorded in Deed Book 208,
page 226, in the office of the Judge of Pr obate of Lee' County, Alabama, and Alabama
Polytechnic Institute executing and del iverll1g to the said George Nick Cherry deed
dated March 21, 1934, recorded in Deed Book 208, page 455, in t he office of the
Judge of Probate of Lee County, Alabama; and
WHEREAS, on May 22, 1943, a survey was made of the t wo tracts of land i nt ended to
be conveyed by the two aforesaid deeds, a. blue print of plat of s aid survey, dated
May 22, 1943, signed by V. B. Watwood, Engineer and Surveyor, indicating that the
descriptions in the t wo aforesaid deeds were i n error; and
WHEREAS, the said George Nick Cherry died intestate in 1934 and his 'widow, died int
estate in 1941, and the following are the heirs of the said George Nick Cherry and the
owners of the land i ntended to be conveyed to Alabama Polytechnic Institute by the
aforesaid deed from George Nick Cherry and wife in 1934; namely: L. A. Cherry, Mrs.
Leda Cherry Foster, Mrs. Mattie Lee Gr esham, Thomas Cherry, Mrs. El sie May Stickle
and Foster Lamar Cherry; and
WHEP.EAS, the aid heirs have agreed to execute and deliver to Alabama Polytechnic
Institute a corrective deed correctly describing the property intended to be conveyed
by the afores ai d deed from George Nick Cherry upon condition that Alabama Polytechnic
Institute execute and deliver to said heirs a corrective deed correctly describing
the land int ended t o be conveyed by the deed from Alabama Polytechnic Institute to
George Nick Cherry:
page 4
Board Minutes
June 7, 1943
NOW, THEP~FORE, BE IT P~OLVED, that for the purpose of
correcting the erroneous description in the deed from Alabama Polytechnic
Institute to George Nick Cherry, dated March 21, 1934, a quit-claim deed be
.... by Alabama Polytechnic Institute executed and del ivered to the aforesaid
heirs of George Nick ~ e rry, covering the following property, to-wit:
Commencing at the southwest corner of Section 36,
Tovmship 19 North, Range 25 East, Lee County, Ala-bama,
and run thence North 0 degrees 16 w~nutes
West, 865.4 feet to the point of beginning of the
tract of land here to be described and conveyed;
from said point of beginning run North 1 degree
08 minutes West, 290.6 feet to the south boundary
line of the property conveyed by Payne to Cherry
by deed dated August 2, 1901; run thence North 89
degrees 41 minutes East, along said south boundary
line, 590.3 feet; run thence South 2 degrees 34 minutes
East, 291.6 feet; run thence South 89 degrees 46 minutes
V'[est, 597.7 feet to th e point of beginning.
All as shown by blue print of pl at of survey of this and other property,
dated May 22, 1943, signed by V. B. Watwood, Engineer and Surveyor.
BE IT FURTHER RESOLVED that Doctor L. N. Duncan, Presi dent of
Alabama Polytechnic Institute be and he is hereby authorized and empowered to
execute said quit-claim deed for and in the name of 'Alabama Polytechnic Institute,
and to deliver said deed to the heirs of George Nick Cherry, deceased,
upon delivery to Alabama Polytechnic Institute of a corrective deed from said
heirs correctly describing the land intended to be conv~ye d to Alabama Polytechnic
Institute by George Nick Cherry by his deed of jjjlarch, 1934.
Upon motion by F. W. Hare, seconded by Paul S. Haley, the following res,olution
confirming the awarding of an Honorary degree to E. ' B. Norton was adopted:
RESOLUTION NO. 8
HONORARY DEGREE - E. B. NORTON
(A RESOLUTION OF THE EXECurIVE COUNCIL _OF THE ALABfJJlA POLYTECHNIC
INSTITUTE RECO~~ DING TO THE BOAP~ OF TRUSTEES THAT THE HONOP~RY
DEGP~E DOCTOR OF LAWS BE CONFEF~ UPON E. B. NORTON, SUPERINTENDENT
OF PUBLIC EDUCATION OF THE STATE OF KLABMff.A.)
BE IT RESOLVED BY THE EXECUTIVE COUNCIL THIS SIXTH DAY OF AUGUST,
NI ~~EEN HUNDRED AND FORTY-TWO:
That, E. B. Norton, successful and constructive leader of public education in
the State of Alabama, teacher, administrator and civic leader has made lasting
contributions to the uplift of the people of the State through his services to
public education;
AND THAT, E. B. Norton throughout his _career nas demonstrated the highest
qual ities of moral and Christian leadership;
l '
page 5
Board Minutes
June 7, 1943
AND THAT, his professional achievements have demonstrated a high quality of
scholarship which amply merits the faith in these values which the people of
the State of Alabama have shown in electing him unanimously to the office of
State Superintendent of Education,
IN RECOGNITION "VW-IEREOF, The Executive Council of the Alabama Polytechnic Institute
respectfully recommends to the Board of Trustees that th e degree, Dec tor of
Laws, Honoris Causa, be officiall y conferred upon E. B .• Norton at the graduation
exercises to be held Friday evening, August 28, 1942, at Graves Center on the
campus of the Alabama Polytechnic Institute, Auburn, Alabama.
Upon motion by 'E. B. Norton, seconded by F. W ~ Hare, the follo,ving r esolution
was adopted:
RESOLUTION NO. 9
COLLEGE CREDIT FOR MILITARY EXPERI ENCE
~~EREAS, the American Council of Education and the United States Armed Forces
lnsti tute have proposed measures guaranteeing a sound system of college credit
for rralitary experience to college students who are expected to return to their
institutions at the end of the war,and
V\1f1EREAS, many of the leading colleges of the country have adopted resolutions in
keeping with this meritorious purpose, and
V.1HEREAS, the Faculty Forum of the Alabama Polytechnic Institute and the Executive
Council have adopted resolutions in support of a pound system of credit for military
experience for college students who may return to this institution at the end of
the war,
THEF£FORE, BE IT P~SOLVED by the Board of Trustees of the Alabama Polytechnic
InsM,t ute:
1. That the Alabama Polytechnic Institute opposes in discr~in ate
or blanket academic credit for military 'service and experience, and
2. Approves acaderrdc credit for educational achievements and competence
acquired during the period of service in the armed forces, such credits
to be evalua.ted with reference to the records to be supplied by the
United States Arm:ed Forces Insti tute and in terms of our own curricular
requirements.
Upon motion by F. W. Hare, seconded by Walker Reynolds, the follov'ling resolution
was adopt ed:
P~SOLUTION NO. 10
ADMINISTRATION BUILDI NG AND HANGAR
AUBURN-OPELIKA AIP.FORT
page 6
Board Minutes
June 7, 1943
BE IT RESOLVED that the Board of Trustees hereby approves an expenditure of
$10,000 for a Hangar and $15,000 for an Administration Building at the AuburnOpelika
Airport.
Upon motion by Paul S. Haley, seconded by S. L. Toomer the following resolution
was adopted:
RESOLUTION NO. 11
GEOHGE HALL HAZLEHUP..sT STUDENT AID FUND
~HEP~AS, the Board of Trustees of the Alabama Polytechnic Institute accepted
the George Hall Hazlehurst Student Aid ru.nd setting up the principal of $30,000.00,
the income from vmich is to be used to provide a loan fund for deserving white
engineering students at the Alabama Polytechnic Institute, and
VVRER.EAS, since that time Mrs. Hazlehurst has further increased the principal sum
of the fund to the amount 'of $47,000.00
THEHEFOHE, BE IT HESOLVED by the Board of Trustees of the Alabama Polytechnic
Institute:
1. That on behalf of the Alabama Polytechnic ~nstitute
the additional sums added to the George Hall Hazlehurst
Student Aid Fund be and they are hereby accepted.
2. That the President of the Alabama Polytechnic Institute
is hereby directed to express to Mrs. Hazlehurst the
deep appreciati on of the Board for her efforts on behalf
of worthy engineering students at this institution.
Upon motion by T. D. Samford, seconded by Walker Heynolds, the following resolution
was passed by unanimous rising vote of the members present:
RESOLUTION NO. 12
DEJl..N JOHN J. VrrLMORE' S DEATH
BE IT HESOLVED by the Board of Trustees of the Alabama PolytechniC Institute that
the year ~nich has passed has had its quota of successes, triumphs, achievements
and problems. It was inevitable that it vvaule! have its measure of sadness and
grief. Death came at last to Dean John J. Wilmore after a full life of distinguished
service to Auburm, to Alabama and to the nation. He was one of the great men in
engineering education of the country. For fifty-five years he led the engineering
f aculty of Auburn viith modesty, great wisdom, unceasing labor, and complete devotion.
No words of ours can do justice to a life so full of rich achievement. No eulogy
could bring out the wonderful traits of char acter which marked his every act. His
devotion to learning, his unvarying love of his students, his kindliness, and
gentle nature, his unceasing purpose in the promotion of good engineering education
here, have indelibly stamped themselves upon the char acter of the college. No man
page 7
Board :Minutes
June 7, 1943
who had achieved so much could have been more modest and self-deprecatory. No
one in the faculty has ever been more genuinely loved and respected by his students
and colleagues. He will live on in the hearts of the thousands of young men who
graduated in engineering under him. The Engineering School was his life, and it
remains as his monument. He took great pride in the v;T()rk and successes of his
engineers, and through them his character and influence have reached out to the
far corners of the world. The contributions of such a life cannot be measured.
He lived quietly here, but he sent out young men into every place v;nere there
were constructive jobs to be done, and his young men brought rich cargoes of
progress and development to the people that they served, and honor and happiness
to the quiet man who had so _ ~dse1y directed their preparation. His life was
inspirational; his memory is lL~e a benediction.
Upon motion by S. L. Toomer, seconded by F. W. Hare, the following resolution was
adopted by unanimous rising vote:
RESOLUTION NO. 12
DEATH OF JAMES ALLEN KIRKLEY
~~EREAS, death came to Professor Ja~es Allen Kirkley of the English Department, and
WHERFAS, Professor Kirkley had been a mew.ber of the faculty for twenty-one years and
was greatly loved and respected by his colleagues and students.
BE IT RESOLVED by the Board of Trustees of the Alabama Polytechnic Institute that
his great interest in the welfare of students made him a most valuable counsellor,
and that he took -a marked interest in fraternal life on the campus and quietly
exerted a strong influence on student activities; and that, of quiet and unassuming
disposition, he nevertheless consistently stood for high standards of conduct and
scholarship; and that his loss is the occasion of grief to all ~no knew him.
F~OLUTION NO. 13 - TRAVEL REIMBURSm~NT
Upon Inotion by E. B. Norton, seconded by S. L. Toomer, the Board ratified and
approved the action of President L. N. Duncan in regard to travel reimbursement
for the staff of the Alabama Agricultural Extension Service of the Alabama Polytechnic
Institute for the fiscal year beginning July 1, 1941 and ending June 30,
1942.
(The plan carried out by President Duncan was based upon a letter dated May 21,
1942 from M. I.. Wilson, Director of the Extension Service of the United States
Department of Agriculture, and a ruling of Attorney General Thomas S. Lawson,
dated July 10, 1942, as follows:)
"P.O. Davis, Director of Extension Service
Alabama Polytechnic I nstitute
Auburn, Alab ama
"Dear Director Davis:
"Mr. Sheffield has discussed "lith me your situation regarding travel
of your State staff. We agree with you that extension employees
cannot travel through Alabama on a $3.00 per di-em in lieu of sub-
page 8
Board Minutes
June 7, 1943
sistence without losing money. So long as the State law setting
up a $3.00 per diem is in effect in the State and Sta.te funds are
used for travel, you will have to follow the State regulations.
However, we feel that travel of your extension staff would not
necessarily have to be paid from State funds. As far as cooperative
extension funds are involved, there would be no objection
here to the payment of actual expenses for SUbsistence or not to
exceed $5.00 per diem in lieu of subsistence.
"Federal extension employees in Washington at the present time are
allowed $5.00 per diem. A recent order signed by the President has'
raised the per diem allmvance of Federal employees to not to exceed
$6.00, but we have not had sufficient funds to request the increase
for our sta,ff here.
"If you contemplate shifting the travel of staff members from direct
State funds to Federal, ' we would like to be informed of the plan you
actually set up.
Dated: May 21, 1942
"Sincerely
sl M. L. Wilson, Director of Extension
Work."
"STATE OF PLABAMA
Office of the Attorney General
Montgomery
"July 10, 1942
"Dr. L. N. Duncan, President
Alabama Polytechnic Institute
Auburn, Alabama
"Dear Sir:
"Your letter of July 6,- 1942, addressed to the Attorney General, which has
been referred to me for attention and reply, is as follows:
'It is not possible for employees of the institution to travel on a
$3.00 per diem in lieu of subsistence vrithout losing money.
'The Board of Trustees discussed this matter at its annual meeting on
June 1 with the view of correcting it.
'As there is some uncertainty as to the application of the state law
settj.ng $3.00 per diem for the reimbursement of travel for the members
of our staff, involving state funds, it has occurred to me that we
might correct the situation by paying travel expenses entirely from
federal funds.
'We have ascertained views of M. L. Wilson, Director of Extension
Service, United States Department of Agriculture, and I am enclosing
a copy of his letter dealing with this question.
page 9
Board J[inutes
June 7, 1943
"In a letter to this office under date of March 5, 1940, you stated that shortly
after the passage of Act No. 87, H. 6, approved March 23, 1933, General Acts, 1933,
page 81, commonly referred to as the McGowin Act, which limited the amount allowable
to persons traveling in the service of the State of Alabama or any of its agencies
or institutions for expenses, other than actual expenses of transport ation, to $3.00
per diem, the Board of Trustees of the Alabama Polytechnic Institute adopted a resolutbn
at its meeting in the office of the Governor in Montgomery on July 7, 1934, 'Nhich reads
as follows:
'Item 4. RESOLVED: That in view of Alabama Act No. 87, approved
March 23, 1933, all officials and representatives of each and every
department and division of The Alabama Polytechnic Institute shall be
allowed reimbursement for travel subsistence at the rate of $3.00 per
diem, vmile away from headquarters on official business for the Institution,
this policy of the Board being effective with the approval of
this Act on March 23,1933, and thereafter.'
"and that since that time all officials and employees of the various divisions of
the Alabama Polytech..nic I nstitute have been reimbursed for traveling expenses in
accordance ~~th the provisions of the resolution of the Board of Trustees above
quoted, i.e., they have been reimbursed at the rate of $3.00 per diem.
"Act No. 87, supra, is codified in the Code of 1940 as Title 41, Section 154.
That section contains numerous exceptions to the general $3.00 per diem limitation
of the original act, but the officials and employees of the Alabama Polytechnic
Institute are not included in the exceptions.
"Without considering or deciding the questions of whether or not the pr01fJ.S10nS
of Act No. 87, supra, did apply to the officials and employees of the Alabama
Polytechnic Institute traveling at the expense of the State of Alabama; and
whether or not any of the officials or employees of the Alabama Polytechnic
Institute ~~uld be limited to $3.00 per diem ~ raveling expenses were it not for ~
the resolution of the Board of Trustees of the Alabama Polytechnic Institute hereinabove
quoted, it is my opinion that the general limitation of $3.00 per diem for
traveling expenses contained in Section 154, supra, does not apply to officials
and employees of the Alabama Polytechnic Institute whose traveling expenses are
paid entirely from federal funds. V~ile Act No.87, supra, and Section 154, supra,
used the language ·persons traveling in the service of the State of Alabama or any
of its agencies or institutions', it could not have been the intention of the
legislature, in the passage of this legislation, to attempt to regulate the traveling
expenses of persons whose traveling expenses were paid by the Federal Government,
even though, in the strict sense of the term, such persons might be 'traveling in
the service of the State of Alabama or any of its agencies or institutions' as
well as traveling in the servjc,e 'of the Federal Government. Any such attempt on
the part of the Legislature of Alabama to regulate the expenditure of federal
funds, in my opinion, would have been abortive.
"Consequently, it is my opinion that the Board of Trustees of the Alabama Polytechnic
Institute may amend its resolution hereinabove quoted, or adopt a new resolution,
to provide that the traveling expenses of the officia.ls and employees of the Alabama
Polytechnic Institute shall be paid entirely from federal funds. It is further my
opinion that the Board of Trustees of the Alabama Polytechnic Institute may amend
this resolution, or adopt a new resolution, to provide that the off icials and
page 10
Board Minutes
June 7, 1943
employees of the Alabama Polytechnic Institute may be paid actual traveling
expenses, or traveling expenses in such a maximum amount per diem as to it seems
reasonable and proper. Of course, this would be subject to any rules and regulations,
or provisions of federal law, governing the expenditure of the federal
funds from which such traveling expenses are paid, but, it seems from the letter
of Honorable M. L. Wilson, Director of Extension Work, Washington, D. C., to
Honorable P.O. Davis, Director of Extension Service, Alabama Polytechnic
Institute, Auburn, Alabama, under date of May 21, 1942, a copy of which was
enclosed with your letter, that there are no rules or regulations or provisions
of federal law which would prevent this procedure, at least insofar as the
federal funds of the Extension Service are concerned.
"We shall consi der t his letter as an answer also to your l etter of May 23, 1942,
in regard to this matter, as well as to other letters in regard thereto ~hich we
have ha.d from officials of the Extension Service.
"If this does not give you the infonnation whi'ch you desire, please let us hear
from you further.
"With personal regards, we are
"Yours very truly,
Thos. S. Lawson
Attorney General
By-sl
Silas C. Garrett, III
Assistant Attorney General."
Upon motion by S. L. Toomer, seconded by W. B. Bowling, the fol101'1ing resolution
dealing with travel for the members of the Alabama Agricultural Extension Service
staff of the Alabama Polytechnic Institute for the fiscal year beginning July 1,
1942 and thereafter, was adopted:
P~OLUTION NO. 14
TRAVEL REllJIBURSEMENT FOR 1942,ETC.
VlliEREAS the Board of Trustees of the Alabama Polytechnic Institute, at a meeting
in Auburn on June 1, 1942, passed a resolution recognizing the inequities in subsistence
in travel by extension workers and others due to a legal limitation of
$3.00 per diem, and instructed our executive committee "to investigate and use
their influence in the correction of these inequities;" and
VMEF..EAS President Duncan has obtained an agreement vdth the Extension Service of
the U. S. Departrnent of Agriculture that this per diem, in lieu of subsistence,
may be r aised to $5.00 for extension workers, and be paid entirely from federal
funds; and
WHEF..EAS it was agreed that this could be done during the fiscal year ending
June 30, 1943; using federal funds for same:
page 11
Board Minutes
June 7, 1943
NOW, THEP~FORE , BE IT RESOLVED- that we approve this agreement and recommendation
by President Duncan to pay extension workers vmile traveling hereafter on off icial
business $5.00 per day in lieu of subsistence, salD.e t .o be paid from federal funds
which is in accordance with a ruling by the Attorney General of Alabama.
RESOLVED FURTHER that the President of the Alabama Polytechnic Institute i s authorized
to make this r ate of subsistence on travel applicable to ,other s t han extension workers
if federal funds can be used in payment.
Upon motion by E. B. Norton, seconded by Paul S. Haley, the Board of Trustees adopted
the following resolution, vath the understanding that the details of vmatever plan is
worked out 1~ll before adoption be submitted to the Board of Trustees f or approval:
RESOLUTION NO. 15
CREATING A Rl'.."TI P.:EMENT SYSTEM FOR THE EMPLOYEES OF THE ALABPJIiA AGRICULTURAL
EXTENSION SERVI CE UNDER THE CHAF.GE OF AND OPEEATED IN
CONNECTION WITH THE ALABAMA POLYTECHNIC INSTITUTE.
WHEREAS grants of federal funds t o the severa~ states and territories for the endowment
and support of Colleges of Agriculture and Mechanic Arts, for instruction in
agriculture and mechanic arts, for the establ ismnent of agricul tural experiment
stations ~ and for cooperative extensi on work in agricul ture and home economics permit
the withholding from said gr ants of amounts designated as employer contribut ions to
be made to retirement systems established in accordance with the laws of such states
or territories, or establ ished by the governing boards of colleges of agricultur e and
mechanic arts in accordance ~Qth t he authority vested in them, and to deposit such
amounts t o t he credit of such retirement systems for subsequent di sburs ement in
accordance ~Qth the terms of the retirement systems in e ff~ct in the respect ive
stat es and territor i es, all of Which will mor e fully appear from Sect ion 331 of
Title 7 of the United States Code Annotated; and
WHEREAS the Board of Trustees of the Alabama Polytechnic I nstitute recognize the
obligati ons of governments and governmental institutions t o guar antee the social
s ecurity of their employees and to provide for t he retirement on an annuity or
othervd se of such employees and have the pUl~ose to establ ish a retirement system
for the employees o-f t he Alabama Agricultural Extension Service of the Alabama
Polytechnic I nstitute;
NOW, THEP.EFORE,
BE IT RESOLVED by the Board of Trustees of the
Alabama Polytechnic Institute that:
1. There is hereby created by the Board of Trustees of the
Alabama Polytechnic Institute (pursuant to the authority
vested i n s ai d board by t he present or any future laws
of the Stat e of Alab ama~ a retirement system compri sing
all of the regularly appointed, full-time employees of t he
Alabama Agricultural Extension Service of t he Alabama
Polytechnic Inst itute.
L.
page 12
Board Minutes
June 7, 1943
2. The management and direction of this retirement
system and all of the negotiations, contracts and
relations vvith the insuring company hereinafter
mentioned shall be vested in the Board of Trustees
of the Alabwna Polytechnic I nstitute.
3. Membership and participation in this retirement system
shall be required for all present or future employees of
said Extension Service; pro~r.L de d , however, that the
director of the retirement system sh?~l have the povier to
~~thhold participation from temporary employees and from
any other employees until in his judgment their permanent
and regular employment in the Extension Service has been
established.
4. The director of the retirement system shall have power to
determine the amount of the employee contribut ions to the
retirement system; provided, however, that no employee shall
be required t o contribute more than five per cent of his
salary.
5. All paywents by members of the system sh all be matched
equally from funds appropriated to the Alabama Agricultural
Extension Service of the Alabama Polytechnic Institute, and
in accordance "nth the ste.t e and federal laws.
6. The Board of Trustees as herein provided for shall 1)
contract with an insurance company to receive payments made
by the members of the system as employee contributions and
payments made from county, state and fede,ral funds as employer
contributions, and to provide for the members annuities payable
after retirement from the employ of the aforesaid Extension
Service; and 2) have power within the limits prescribed by
law to supplement and increase the annuities.
7. All members who retire from employment shall receive the
annuities payable in accordance wi t h the contracts .... mich
the director shall negotiate with the insuring company.
8. Any member of this retirement system ... mo is granted leave of
absence from his employment 'with the said Extension Service
may continue his membership by the payment of the same contribution
as during the year before such leave of absence, if he also received
pay from the Alabruaa Agricultural Extension Service of the
Alabama Polytechnic Inst itute.
9. The age of each member of the system shall be computed according
to the rules of the insurance company.
page 13
Board Meeting
June 7, 1943
10. The salary of any member of the system shall consist of
only his regularly stated monthly remuneration, exclusive
of temporary or special additions or deductions. Any salary
of over $4,000 per year shall be .counted as $4,000 per year
only.
11. The Alabama Polytechnic Institute and the Alabama Agricultural
Extension Service of the Alabama Polytechnic Institute reserve
the right to discontinue their contributions to this retirement
syst em at any t i jOne.
12. This retirement system shall be effective on the date 1Nhen the
Board of Trustees shall declare it to be effective; provided,
however, that the same shall not be effective unless the
Legislature now in session shall enact an enabling statute.
13. Eluployee contributions shall be deducted from salaries payable
with respect to employment in the first and each and ever; succeeding
month after the effective date of the retirement system.
The director is hereby authorized to have paid out of available
funds the amounts necessary t o match such employee contributions.
14. The standard and usual policies of the Teachers Insurance and
Annuity Association of America, 522 Fifth Avenue, New York,
New York, are accepted as fulfilling the conditions of the
above plan. The director of the retirement system is authorized
and empowered in his discretion t o use and apply the employee
contributions and the employer contributions in purchasing from
said Association retirement annuity contracts providing for such
benefits and containing such terms as he deems to be in the
interest of the retirement system and of the employees of the
Extension Service, and to supplement and increase the same
vrlthin the limits prescribed by law.
K1J5r~' 7 L..-,
Secretary
Auburn University Board of Trustees Minutes
