Dr. Frank Anderson和Dean Sage jr在1939年1月至1939年5月收到的信件

资料原文来自于耶鲁大学档案馆馆藏 RG011-272-4317 ,22-36页

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THE COLGATE-ROCHESTER DIVINITY SCHOOL ROCHESTER, NEW YORK THE HISTORY AND PHILOSOPHY OF RELIGION HENRY B. ROBINS January 9, 1939 Rev. Prof. Frank Anderson, D.D., London, Ontario, Canada Dear Dr. Anderson: Unfortunately, I shall not be able to attend the meeting of the Executive Committee of the Board of Governors on January 18th in New York. Accordingly, I am happy to adopt the suggestion in your letter of the 5th instant that that occasion be utilized to clarify the issues before the special committee on the continuance of the Board of Trustees. I think that it will be a most excellent thing if Dr. Beech, Dr. Garside, Mr. Sage, Mr. Evans and yourself can go over the questions which have emerged in your thought and mine about the whole matter. It seems to me, may I say again, that except for a pro forma right which still inheres in the Governors, the conferring of degrees lies with the Board of Directors under authority of the Chinese Department of Education; that so far as I can see the Governors are, by the terms of the provisional charter, the Trustees; so that there has never actually been a separate Board of Trustees – notwithstanding the procedure of the Governors; and, finally, that the question as to property rights and claims for indemnity, as it may be affected by any such document as the Board of Re- gents Charter to the University, should be looked into. With cordial regard, Sincerely yours, my B. Robust
THE COLGATE-ROCHESTER DIVINITY SCHOOL ROCHESTER, NEW YORK THE HISTORY AND PHILOSOPHY OF RELIGION HENRY B. ROBINS January 10, 1939 Rev. Dr. Frank Anderson, London, Ontario, Canada . Dear Dr. Anderson: Thank you for your note of the 9th with enclosures. I am returning your carbon copy, as requested. It seems to me that, with your inquiry, that of Mr. Evans, and my own, into the Board of Trustees phase, that matter ought to be by way of being concluded. If it seems to your group when you meet in New York that such is the case, I shall be glad to have you make a recommendation to the Executive. The other matter, covering the title to property and its bearings will of course call for more extended consideration and research, and is not; after all, directly a responsibility of my committee. You will have received my recent letter ere this comes to your desk, so I need not elaborate the matter. Cordially and sincerely yours, Army B. Robins
The United Church of Canada Board of Foreign Missions 299 QUEEN ST. WEST TORONTO 2, CANADA CABLE ADDRESSES: WESLEYANA, TORONTO BUTEROS, TORONTO January 14, 1939. Rev. Frank Anderson, M. A. , D.D. , 26 Grosvenor Street, London, Ontario. Dear Dr. Anderson: You have me in a corner with your inquiry of January 7th concerning the incorporation of the West China Union University and the holding of the property. I know very little about West China matters. Dr. Endicott probably does but he has been away from the city and I cannot talk to him about it for a few days yet. In the meantime, I send you the enclosed extracts from Minutes. Let me know if there is anything other than this that you need and I shall try to see Dr. Endicott. Or, are you going to the Executive meeting of the Board of Governors next week? If so, you will see Dr. Endicott there. I would suppose that Garside would have the information you want. Mr. Albertson, who has recently come on furlough from West China, says that the deeds are on the field, which of course is the natural place for them to repose. Your other inquiry has gone to the Missionary Education Department. I hope you will hear shortly. Mr. Beaton, the Secretary, has been away a good deal this week. Do not hesitate to write me again if there is anything further we can do for you. With best wishes, Sincerely yours, A.E. Armstrong AEA:SS Encl.
26 Grosvenor Street, London, Ont. Jan. 23 1939. Prof H. B. Robins Ph. D. Colgate-Rochester Divinity School, Rochester N.Y. Dear Dr Robins, We had a very useful meeting of the Executive Committee last Wednesday. The Minutes of this will reach you within the next few days. In regard to the matter of the "Trustees" I enclose a copy of a letter, which will explain itself. I am continuing my search for information regarding the manner in which the University property is held, and Dr. Beech gave me some further information, which I will embody in the Memorandum which I hope to prepare. I will let you know from time to time how I am progressing. With kind regards, Yours very sincerely, You need not return this copy.
26 Grosvenor Street, London, Ontario. Jan. 23 1939. Mr. Dean Sage jr, 49 Wall Street, New York City. My dear Mr. Sage, Dr. Beech, Dir/Evans and I had a Conference on Thursday morning last regarding the question of the Incorporation of the University. This is a matter which has emerged in the mind of Dr. Robins, Chairman of the small Committee of which and Dr. Garside are the other members, charged with making an enquiry into the matter of the "Trustees". The only incorporation of which we have any record on our Minutes is the one granted for purely academic purposes in a Provisional Charter dated May 25 1922, which was replaced by an Absolute Charter (authorizing the conferring of specific degrees) issued by the Regents of the University of the State of New York on Oct. 18 1934. The Main points in these Charters was that they were granted to a body of 25 "Trustees", regarded as a corporate body, the method by which the corporation was to be continued being distinctly specified, and they are called the "Board of Governors" of the University. But the method detailed in the Charters is quite different from that contained in the Constitution of the Board of Governors. Moreover, the documents merely recognise the University as constituted in a particular manner, and as having the privilege of conferring certain degrees; they are purely academic, and in no way constitute it a corporation in a legal sense, which, as such, can hold property, sue and be sued etc.
As to the incorporation on the Board of Governors in this legal sense we have no record whatsoever, and it was suggested that I should be asked to write and ask you if you would be so good as to have an enquiry made in the proper quarters s to whether there is any record of such an incorporation having taken place. I may say that the Board of Governors, as such, holds in the regular manner of a Corporation, under the conditions of its constitution and Byelaws, and controlled by its officers acting under its instruction’s considerable funds. The Official seal of the Board of Governors is in my possession. Mr. Evans made the remark that if such an incorporation had been affected, he would have received many requisitions for reports than have actually been made. I do not think that I need go further into details at the present moment. But it will clear the ground in investigating the need of the "Trustees", as referred to this special Committee, if we are in possession of all the facts relating to the legal incorporation of the University, and I hope that it is not putting you to too much trouble to ask you to be do good as to ascertain them for us. It was a great pleasure to meet you again, and an enhanced pleasure that you were on this occasion accompanied by Mrs. Sage. With kind regards, Very sincerely yours,
DEAN SAGE, JR. 49 WALL STREET NEW YORK April 12, 1939. Rev. Frank Anderson, 26 Grosvenor Street, London, Ontario, Canada. Dear Mr. Anderson: I have your letter of April 10th and wish to advise you that I have not yet done my re- search job on the incorporation of West China Union University. I appreciate that the time for the annual meeting of the Board is coming around in the not too far distant future, and I will do my very best to get at this as soon as I can, and to let you know the result of my findings. With kindest regards, Sincerely yours, Dean Sage Jr.
DEAN SAGE, JR. 49 WALL STREET NEW YORK April 13, 1939. Rev. Frank Anderson, 26 Grosvenor Street, London, Ontario, Canada. Dear Mr. Anderson: There is no record in our County Clerk's office of New York County of the incorporation of West China Union University, nor does its name appear as having ever been filed for the purpose of doing business or otherwise. I am writing today to the Secretary of State of New York to see if he has any information on the subject in his office. Will you kindly send me any information that you have pertaining to this matter, as it will greatly help me in my research. Am I correct in understanding that if it shall turn out that the University does not presently exist as a New York corporation, that it is the wish of the Board that it be incorporated? I would appreciate hearing from you in regard to the foregoing as soon as possible. With best wishes, Sincerely yours, Dean Sage Jr.
26 Grosvenor Street, London, Ontario. April 15 1939. Mr. Dean Sage jr, 49 Wall Street, New York City. Dear Mr. Sage, Many thanks for your letter of April 13. We are most grateful to you for so kindly taking the trouble to find out the facts regarding the Incorporation of the University as a legal as distinct from an academic body for the purpose of conferring degrees. What you have ascertained so far confirms our suspicion that the University is not incorporated in this important respect. I am afraid that I cannot furnish you with any further information than is contained in my letter of January 23, 1939. Meanwhile I shall await with interest the result of your further inquiries from the Secretary of the State of New York. As the Board of Governors will meet on Monday June 5th, I think that further action might be deferred till the matter has been placed before them in the form of a brief report. Again thanking you for all the trouble that you have taken in the matter, Yours very sincerely, (Signature)
DEAN SAGE, JR. 49 WALL STREET NEW YORK April 18, 1939. Rev. Frank Anderson, 26 Grosvenor Street, London, Ontario, Canada. Dear Dr. Anderson: Thank you for your letter of April 15th in re the incorporation of the University. I have received this morning a letter from the Secretary of the State of New York advising me that there is no record in his office of a corporation, domestic or foreign, under the name of West China Union University, or any similar name. Inasmuch as my letter to him inquired not only whether there was any such corporation registered in New York State, but also any other form of business organization registered under the name of West China Union University, I presume that his letter covers the entire field. I am not altogether clear as to what you mean by the incorporation of the University as an academic body for the purpose of conferring degrees. The only thing I can definitely say now is that it is certainly not and never has been incorporated in New York State as a legal entity, nor does it appear to be registered in any other way, shape or manner which would entitle it to do business here. I will tell you quite frankly that I am not off-hand familiar with the legal requirements pertaining to the incorporation of a university, or its registration here for the purpose of conferring degrees. I shall endeavor to find out what I can on this subject and write you at more length as soon as I can. I concur with you that direct action on the matter should be deferred until the annual meeting of the Board, but I do think that an opinion covering all the essential points ought to be prepared and presented to them at that time so that they will know exactly what the situation is, and be able to decide what they want to do. With best wishes, Sincerely yours, Dean Sage Jr.
April 21 1939. Mr. Dean Sage jr. 49 Wall Street, New York City. Dear Mr. Sage, Many thanks for your letter of April 18th. As you are taking so much interest in this matter, and are able to give us valuable help and advice in reference to it, I think that the best answer I can make is to send you all the information at present available in the form of:-- (a) Tracts from Minutes of the Board of Governors and Executive Committee. (b) Copies of the Provisional and Absolute Charters granted by the Regents of the University of the State of New York. I would draw your special attention to the action of the Board of Governors on page 3: by which the Board of Governors act as the Corporation from this time forth etc. There is also an important paragraph on page 4, bearing on the holding of property. I cannot discover that any further action was taken in the matter. It seems to me that the question that was referred to the small Committee by the Board of Governors at its meeting last July, Viz, whether it is still necessary to continue the body of 25 Trustees, as provided by the Provisional Charter, has now broadened out into the major question as to the validity from a legal point of view for the purpose of holding property etc of the Incorporation of the University under the Regents of the University of the State of New York; and further, whether, if this is the case, the Board of Governors represents the body of Trustees, as would appear to be the case from the action of the Board of Governors at Philadelphia on Nov. 1 & 2 1922. With kind regards, Yours very sincerely, (Signature)
26 Grosvenor Street, London, Ont. May 13 1939. Prof. H.B. Robins PH.D. The Colgate-Rochester Divinity School, Rochester, N.Y. Dear Dr. Robins, I gelt that as I had access to all the records, it was my duty to assist the small Committee of which you are Chairman, and to which the Board of Governors has assigned the work of going into the whole question of the Incorporation of the University. I enclose a copy of the results of my enquiries, and shall be glad to know what your reaction to it is. What would you think of the suggestion that you send on this material, with your comments thereon, to Garside, asking him to forward it with his comments, to Mr. Dean Sage jr. (49 Wall Street, New York City), and get Mr. Sage to return the whole thing with his remarks to me. I might then be able to frame a resolution, for your approval, which could be submitted to the Board of Governors at their meeting on June 5th. It would be difficult to get a meeting of the Committee, and this procedure by correspondence may serve the purpose. I may add that I quite hope to have information available for the meeting in June touching the Titles to the University property. I hope that you may find it possible to get to the meeting in New York, and I may have the pleasure of seeing you there. With kind regards, Yours very sincerely, (Signature)
DEAN SAGE, JR. 49 WALL STREET NEW YORK May 15, 1939. Rev. Frank Anderson, 26 Grosvenor Street, London, Ontario, Canada. Dear Dr. Anderson: Thank you for your letter of the 12th. I shall be more than pleased to make a statement on the subject of my natural history program at the Annual Meeting of the Board, if it is so desired. I am looking forward with interest to the receipt of your memorandum on the question of the incorporation of the University, inasmuch as any further light you can shed on this matter will make it easier for me to prepare an opinion down here. Please let me have your memorandum as soon as possible so that if anything need or can be done before the Annual Meeting of the Board, I will have time to do it. With best wishes, Sincerely yours, Dean Sage Jr.
THE COLGATE-ROCHESTER DIVINITY SCHOOL ROCHESTER, NEW YORK THE HISTORY AND PHILOSOPHY OF RELIGION May 16, 1939 HENRY B. ROBINS Prof. Frank Anderson, D.D., 26 Grosvenor Street, London, Ontario Dear Dr. Anderson: I received your letter yesterday, and have written Dr. Garside in keeping with your suggestion, asking him to forward the material to Mr. Sage, and to ask Mr. Sage to return the entire budget to you. Then I wrote my letter to Dr. Garside, I thought that I had put a couple of carbons on my machine, and would send you one copy and retain the other. But I discovered that I had done nothing of the sort; so decided to send the letter I had written to Dr. Gar-side and to write you perhaps a little more fully. My own judgment is in accord with yours in the several items of your Memorandum. But the Provisional Charter seems to me a very confused document. I think yours the only interpretation that a careful reading could put upon it, for it certainly seems to call for a Board of Trustees as distinct from the Board of Governors - in spite of the fact that it declares that the Trustees "shall be known as Governors of the University, which statement is wholly ambiguous. The fact that through these years there has been a Board of Trustees makes it clear what the understanding of the document has been. At the same time, seeing that the Board of Governors actually administers the affairs of the University (in so far as administration is not in the hands of the Board of Directors), it would seem that the Board of Trustees is actually a fifth wheel to the wagon. My guess would be that the Board of Regents would be receptive to an appeal for an amendment of the Charter identifying the two bodies - i.e. making the Board of Governors as now constituted, and their lawfully chosen successors, the Trustees of the University. I am not clear as to the exact powers of the Board of Regents, and in particular am in doubt as to whether that Board can authorize a charter covering the holding, the acquisition and disposal of realty. All I see reflected in the Charter is their educational interest - their interest, that is to say, in educational standards. But this whole question of the University property is outside my committee's specific commission, as I understand it. All we are charged to do is to make some specific recommendation on what seems to us the superfluous organizational duality embodied in the Charter and reflected in our practice. The Board will of course want to go into the other matter, the question of Titles of University property, here vested and by what authority. I am still in doubt about my ability to attend the meeting in New York next month. I certainly greatly appreciate your taking the initiative in the matter referred to my committee. Cordially and sincerely yours, Henry B. Robins
26 Grosvenor Street, London, Ont. May 17 1939. Mr. Dean Sage jr. 49 Wall Street, New York City. Dear Mr. Sage, Many thanks for your letter of May 15. I am glad to know that you are willing to speak for a short time at the meeting on June 5. I send a copy of the Memorandum to Prof. Robins, the Chairman of the Committee, suggesting that, if he thought well, he might send it on to you, with his remarks. But, in case there is delay, I enclose another copy. Perhaps you will be so good as to return it to me, with any comments of your own. I might then be able to frame some sort of proposal to lay before the meeting on June 5th. With kind regards, Yours very sincerely,