Dr. Henry B. Robins在1938年8月至1939年1月收到的信件
資料原文來自於耶魯大學檔案館館藏 RG011-272-4317 ,6-21頁
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August 17, 1938 Dr. Frank Anderson Gregory P. O. Muskoka Lakes, Ontario, Canada Dear Dr. Anderson: I am enclosing copy of a letter which I have written to Dr. Robins, who has raised two questions regarding the functions of the Trustees as over against those being performed by the Board of Governors. You will note that we have not fully answered this first question, as I am not able to find the action taken by the field in approving the constitution. It is possible that some of the minutes did not come to us and that they are in your possession. If you have them with you, can you give us some light on this subject? If they are at home, of course, we will have to wait until after your return. Dr. Robins' second question is regarding the degree-granting function of the University. I believe this is clearly defined, as the powers were given to West China Union University and not to a Board of Trustees or a Board of Governors. You may have in mind also what has been done regarding the ownership of property. If you do not have this at hand, we will have to wait until after the vacation period. Very truly yours, C. A. EVANS |
1938年8月17日
弗蘭克·安德森博士 加拿大安大略州馬斯科卡湖格雷戈里郵政局 親愛的安德森博士： 我隨信附上一封我寫給羅賓斯博士的信的副本。羅賓斯博士提出了兩個問題，涉及董事會的職能相對於董事會的管理職能。 您會注意到，我們尚未完全回答第一個問題，因為我無法找到在批准憲章時，董事會在這方面所採取的立場的相關條款。可能有一些會議記錄沒有送到我們手中，或者可 羅賓斯博士的第二個問題涉及大學授予學位的職能。我認為這是明確規定的，因為將此權限授予了華西協合大學，而不是董事會或理事會。 您可能還記得，也曾有關於財產所有權的問題。如果您手頭沒有這些資料，我們將不得不等到假期結束再處理。 謹致問候， C.A. 埃文斯 | |||
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August 17, 1938 Dr. Henry B. Robins The Colgate-Rochester Divinity School Rochester, New York Dear Dr. Robins: Your letter addressed to Garside came to hand, but as he is absent from the office until late in the month, I am passing on to you such information as you requested which I have been able to uncover. I find that you were chairman of the original committee which gave consideration to the constitution of the Board of Governors and the Board of Directors, which, with some modifications that were finally approved by the Board of Governors and the cooperating boards, was forwarded to the Board of Directors in the field. Up to this moment, I have not been able to locate the minutes wherein approval was given by the Board of Directors. Subsequently, however, the contractual agreement was signed by both the Directors and to Governors which, in effect, quite fully recognized the conditions as set forth in the proposed constitution. This is all preliminary, to answering your question. The Board of Governors could readily take over the responsibility of the Trustees &s the power to hold property of the University was included in the constitution end is covered quite definitely. Originally the titles to the property were held in the names of the various cooperating organizations. English societies registered with the British Emissary, and at one time it was suggested that American societies should register with the American Government. That, however, as never done. The section of the constitution dealing with the authority of the Board of Governors regarding property is as follows: - |
**副本**
1938年8月17日 亨利·B·羅賓斯博士 科爾蓋特-羅切斯特神學院 紐約州羅切斯特市 親愛的羅賓斯博士： 您寄給加西德的信已收悉，但他將缺席至秋季末。因此，我正在向您轉達您請求的信息，關於我能夠查找到的內容。 我發現，您曾是一個原始委員會的主席，該委員會對董事會和理事會的組成進行了討論。經過一些修改，該組成最終得到了董事會和合作機構的批准，並作為現場董事會的指導方針。直到此刻，我還無法找到批准此協議的記錄是否已由現場董事會通過。然而，後續的協議簽署確認了董事和理事會的作用，這在事實上完全符合擬議憲法中規定的條件。 這只是回答您問題的初步內容。董事會可以輕易地承擔起信託責任。大學持有財產的權力已包括在憲章中，並且得到了明確的定義。 最初，這些財產的產權被登記在各個合作機構的名下。英國社團向英國大使館登記，而曾有一段時間建議美國社團向美國政府登記。然而，這一做法從未執行。憲章中的相關部分規定了理事會對財產的權力，內容如下： | |||
| "The Board of Governors shall hold, either in the name of one or more members of the said Board, or as a corporate body on behalf of the University, all deeds of trust, endowments and other property of the University not otherwise provided for.
"The Board of Governors may, insofar as the exercise of its trusts may permit, lease or loan its properties to the Board of Directors or others as the interests of the university may require. Rentals for income derived therefrom shall belong to the Board of Governors." Frankly the question you raised regarding the present holders of property will have to be checked still further. The degree-granting function is fully covered as far as the registration with the Chinese government is concerned, and also as far as the Charter received from the State of New York covers the situation. The body of this latter document reads as follows: - "THIS INSTRUMENT WITNESSETH That the Regents of the University of the State of New York being satisfied that the required conditions have been met, have granted to West China Union University, located at Chengtu, in the province of Szechuan, China, provisionally incorporated on May 25, 1922, this absolute charter b replace its provisional charter, with power to confer the degress of Bachelor of arts (B.A.), Bachelor of Science (B.S.), Doctor of Medicine (M.D.), and Doctor of Dental Surgery (D.D.S), in conformity with the rules of the Regents of the University and the regulations of the Commissioner of Education for the registration of institutions of higher education, and have continued the said corporation with all its powers, privileges and duties! As the powers have been granted to West China Union University, and as the Board of Governors has reposed that power in the Board of Directors, there seems to be no question as to where the Trustees are involved at al. Our Filing Department is pursuing the study still further, and I believe I should check with the Secretary as to the actual approval of the constitution of the Board of Governors by the Board of Directors in China. If this has been one, the constitution is so sweeping that there seems to be no necessity for continuing the Trustees. Very truly yours CAE:CS |
「理事會應以其成員的名義，或以大學的名義作為一個法人實體持有所有信託契約、捐贈及大學的其他財產，除非另有規定。」
「理事會可以在其職責範圍內，按照大學的利益，將財產出售或出租給董事會或其他機構，從這些財產產生的租金和收入歸理事會所有。」 坦率地說，您提到的有關現有財產持有者的問題仍需進一步查明。 至於授予學位的功能，就與中國政府的登記註冊而言，以及就從紐約州獲得的特許狀而言，已經得到了充分的覆蓋。此信函的正文內容如下： 「本文件證明：紐約州大學的董事會已滿足所需條件，授予位於中國四川省成都的華西協合大學一項絕對特許權，以取代其臨時特許權，賦予授予學士學位（B.A.）、理學學士（B.S.）、醫學博士（M.D.）、牙外科博士（D.D.S.）的權力，符合大學董事會的規則及教育委員會對高等教育機構註冊的規定，並維持該機構所有的權利、特權和義務。」 由於這些權力已授予華西協合大學，並且董事會已經將這些權力移交給董事會，似乎沒有涉及信託人的問題。我們的檔案部門正在進一步研究此事，我建議我們應與秘書核實，確認是否在中國由董事會實際批准了章程。如果已批准，該章程的影響範圍如此廣泛，似乎沒有繼續設立信託人的必要。 謹致問候， CAE:CS | |||
| November 29, 1938
Dr. Frank Anderson 26 Grosvenor Street London, Ontario, Canada Dear Dr. Anderson: I feel a bit dilatory in regard to the situation growing out of Dr. Henry Robins' request for information about the trustees. He wrote us on August 8th to which I replied on August 17th - a copy of this letter having been sent to you on the same day. I am wondering if this was taken up direct with Dr. Robins and, if not, is there anything we can do to help the situation? At the present time, the entire staff is available for any research necessary, whereas during the summer we were scattered to the four winds of heaven. I sincerely trust you are enjoying the Canadian winter of which you probably had a much earlier sample than fell to our lot. And "fell" is a good word, as it certainly did on Thanksgiving Day and last Saturday night. As a matter of fact, the New York area now looks more like Canada than otherwise. With sincerest personal regards, I remain Very truly yours, C. A. EVANS |
1938年11月29日
弗蘭克·安德森博士 加拿大安大略省倫敦市格羅夫納街26號 親愛的安德森博士： 關於亨利·羅賓斯博士提出的請求——查詢有關信託人信息的情況，我感覺有些拖延。他在8月8日寫信給我，我於8月17日回信給他，並將此信的副本寄給您。 我想知道此事是否已直接與羅賓斯博士聯繫，如果沒有，我們是否能在此情況下提供幫助？目前，我們的全體工作人員都可以進行任何必要的研究，而在夏季期間，我們被分散到四方各地。 我真誠地希望您在享受加拿大的冬天，您可能比我們更早迎來了冬季。「下雪」是一個很恰當的詞，尤其是在感恩節和上周六夜裡，紐約地區看上去比平時更像加拿大。 謹致最誠摯的個人問候，我保持聯繫。 敬上， C.A. 埃文斯 | |||
| December 7, 1938
Dr. Frank Anderson 26 Grosvenor Street London, Ont., Canada Dear Dr. Anderson: Your letter of December 1st came to hand and my only reason for writing regarding the inquiry of Dr. Robins was to clear up the matter for his committee, but I see no reason why it would not be much better to let it rest until the Christmas vacation. "Where is the original Provisional Charter?" I cannot answer this, even after searching our place most thoroughly. We have copies of same, of which I am enclosing one. The Absolute Charter is in our safe and I enclose herewith a photostatic copy of same. This covers the question you raise as to the degree. You will notice that both charters are drawn in the name of West China Union University. You will also notice that the trustees shall be known as the governors of the University, and that the Absolute Charter designates the degrees to be conferred. As soon as you let us know the decision regarding the Executive Committee meeting, we will immediately make plans for a Finance Committee meeting. Before closing, may I say that Dr. Robins will receive copies of the Provisional and Absolute Charters. Most cordially yours, C. A. EVANS |
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| 26 Grosvenor Street, London, Ontario.
Jan. 2 1939. Rev. Prof H. B. Robins D.D. Rochester Heological Seminary, Rochester N.Y. Dear Dr. Robins, At Mr. Evans' request I have been looking into the matter of the Trustees of the University, as incorporated under the Regents of the University of the State of New York, with special reference to the correspondence between himself and you last summer, especially his letter to you of August 17th. I have before me the full text of the Provisional Charter, dated May 25 1922, and also that of the Absolute Chatter, dated Oct. 18 1934. Mr. Evans, in a letter to me dated Dec. 7th last, stated that you will receive copies of both these documents. The arrangements that were made in connection with the Provisional Charter, and continued in the Absolute Charter, seem to me to be very strange. Instead of granting the Charter to and already existing (and, I presume, incorporated) body, viz. the Board of Governors, it was granted to a newly constituted body of "Trustees", "under the corporate name of the West China Union University, this body was constituted in an entirely different manner to hat by which, according to its constitution, the Board of Governors of the West China Union University is composed. The Board of Governors, as we understand it, does not come into the picture at all. If you will peruse the text of the Provisional Charter, you will see this at once. You will also see that, by the last words of the Absolute Charter, the Regents of the University of the State of New York "have continued the said corporation with all its powers, privileges and duties" On the surface, therefore, this is the body which alone possesses the Charter for conferring the degrees, and, as such, must be continued. |
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| On the other hand, how did the Regents so satisfy themselves that the conditions had been fulfilled "if, within five years, the Corporation shall acquire resources and equipment to the value of $500.000 etc. " by these Trustees, that they were ready to grant the Absolute Charter? So far as I know, these Trustees do not possess any such resources; they are all held by the Board of Governors, and made available by them for the purposes of the University according to the terms of the Contractual Statement.
Thus the whole situation seems anomalous. I am wondering whether the logical action would not be to request the Regents to transfer the Charter to the Board of Governors as at present constituted, thus bringing the Trustees to an end. I should be very grateful if I could hear from you whether you think that I have read the position aright. With all good wishes for the New Year, Yours very sincerely, |
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| THE COLGATE-ROCHESTER DIVINITY SCHOOL
ROCHESTER, NEW YORK THE HISTORY AND PHILOSOPHY OF RELIGION HENRY B. ROBINA January 4, 1939 Rev. Professor Frank Anderson, D.D., 26 Grosvenor Street, London, Ontario, Canada. Dear Dr. Anderson: I have yours of the 2d instant before me. Mr. Evans sent me copies of the Provisional Charter and the Absolute Charter granted by the Board of Regents of the University of the State of New York. I observe in the Provisional Charter the identification of the twenty-five trustees with the Board of Governors - that is, the document says, "twenty-five trustees who shall be known as the Governors of the University." My first query would be, How did the trustees ever come to be a separate body from the Governors? Mr. Evans says in his recent letter to me: "As the powers have been granted to West China University, and as the Board of Governors has reposed that power in the Board of Directors, there seems to be no question as to where the Trustees are involved at all." This raises my second query, Whether, as a matter of fact, since the Board of Directors operates by authority of the Department of Education of the Government of China, and the Department of Edu- cation of Szechuan Province, its degrees, there is any need of an authorization of the University's degrees by a North American or other educational authority - whether, that is, the authorization of degrees by the Board of Regents of the University of the State of New York is not now superfluous. There is, however, another phase of the whole matter which I have brought to Mr. Evans' attention, viz. the relation of this whole connection with the University of the State of New York with any possible contingency which may arise from the present conflict in China. In pursuance of this inquiry, I raised with him the question where the right of the Board of Governs as a property-holding corporation is based. I have reference now not to the property of the several colleges, which is, I assume, that of the Mission Boards responsible for their maintenance, but to the property of the University as distinct from the colleges. Did the provision- |
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| al instrument, which incorporated so-and-so and "their successors" as a university ... , under the corporate name of 'West China Union University'," confer upon them the legal right to hold property ? If not, how was the Board of Governors constituted a legal person? Frankly, I am not clear as to the status of these union institutions which are internationally sponsored and controlled, in the eyes of the several governments to which their sponsors are subject.
Now I am not concerned with this matter as an academic is- sue, but only for what practical bearing its determination may have upon possible future international complications ansing out of activities of a disruptte and destructive military character in which the Japanese may engage in West China. Quite possibly our governments would waive any fine legal points in such an event and recognize the institution's actual origin and sponsorship. But it seems to me that, in raising the question whether connection with the University of the State of New York should be maintained, we should consider what bearing this wider question may have upon the issue. I recognize that this goes beyond the specific matter which Dr, Garside, Mr. Sage and I were commissioned by the Board of Governors to explore. I have asked Mr. Evans what light the office of the Associated Boards could throw, if any, up-on the matter. I am not sure that it is not a question which the Executive Committee should explore. If the Governors are, de jure, also the trustees, whether in practice they have been so treated by the Board of Governors itself or by the Regents of the University of the State of New York, it would seem to me that our original question is disposed of. All we require is that the Board of Governors, as trustees of the Union University, which by provisional charter they are, shall assume that responsibility and act directly upon all questions relating to the Board of Regents, instead of mediately through a so-called Board of Trustees regarded as a distinct entity from the Board of Governors. I still cannot see how a distinct Board of Trustees ever came into being under the terms of the provisional Charter. If you think that this letter should be submitted as a report of progress to the Executive, I shall be very glad to have you present it. I have not formally submitted the matter to the Committee as yet, nor have I consulted Mr. Sage, as it seemed to me that I ought to be more certain in my own mind just where the hub of the matter is. Please advise me what you think my course should be. I am awaiting further word from Mr. Evans, but do not wish to delay presenting some sort of report too long. It is not too late, I trust, to for you wish the best and richest gifts of Divine Grace in the New Year. Cordially and sincerely, Henry B. Robins |
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| January 5, 1939
Dr. Frank Anderson 26 Grosvonor Street London, Ontario, Canada Dear Dr. Anderson: I have read the copy of your letter of January 2nd to Dr. Robins regarding the standing of the Board of Trustees and, after studying the situation somewhat during the summer and also several weeks ago, I have come to one of the following conclusion: - Either, - there was a tacit understanding that an extra board of trustees, consisting of twenty-five members was to carry on the actual contact work with the State Department of Education and that the Board of Governors, as mentioned in the Charter, is an entirely different organization. Or, - there has been a misunderstanding or misinterpretation of the Pro- visional Charter. In reaching these conclusions, I am influenced by the fact that there is no correspondence available as covering the actual issuing of a charter in 1922, and quite naturally the document itself would be the governing factor in subsequent operation by the Board taking the Charter itself. In quoting its reference to organization, I find the following: - "THIS INSTRUMENT WITNESSETH That the Regents of the University of the State of New York have granted this Provisional Charter incorporating (list of twenty-five names follows) * * * * * under the corporate name of "West China Union University" * * * * * with twenty-five trustees who shall be known as the Governors of the University (then follows the provisions covering their election naming the cooperating boards) and the remainder from the Board of Governors of the University as it may be constituted from time to time * * * * * with the power to increase or decrease its members etc." Strictly speaking, the interpretation of the Charter quite justifiably could be that the Board of Governors in reality is really the Board of Trustees - the word, "trustees" as appearing in the Charter representing simply the nomenclature or appellation used in designating members of the governing board known as the Board of Governors. In that event, the incorporating body, if they desire to call themselves trustees, could be automatically dissolved any time into the Board of Governors, - the only difficulty being that the Board immediately proceeded to set up a constitution with representations which would exceed the twenty-five original incorporators. Strangely enough, however, |
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| I can find no record where this proposed constitution was actually approved by both the field and the board itself - it taking the form of a constitution for the Board of Managers and a contracture statement.
In a conversation I had with Dr. Beech he did not recall that there had ever been any final action on the constitution - his remark being regarding the one in our files, "That is not correct." He also stated that the Board of Trustees was constituted at the request of the New York State Department of Education, as they did not desire to deal with the large unwieldy board which the University proposed to organize. As a matter of fact, however, the development of the University and cooperating institutions has not warranted a large membership, and at present there are only twenty-seven members - the conclusion being that it would be easier to keep within the twenty-five limit rather than carry a board of trustees and a board of governors. As all correspondence has been carried on with the State Department in the name of the Board of Governors and, unless the secretary has correspondence with the State Department which we do not have available, no reports of the Board of Trustees have ever been issued to the Department. These conclusions would point to the trustees being a needless organization. To my mind, however, Dr. Robins has raised a much more important question to which I have not found an answer as yet. That is, in who's hands rests the title or tenure of the property? This is very pertinent to the present conditions in China and would seem to call for an immediate investigation. I have twice addressed communications to Dr. Beech on this important question, but have received no reply up to this minute. It is my understanding that various boards cooperated in purchasing property and erecting buildings for the University but that cooperating boards purchased their own land and erected their own buildings for their own staff members. If this is true, it is a hodge-podge of the American, British and Canadian ownership which would produce a rather complicated situation in case diplomatical negotiations were necessary at any time. Seeing I have been unable to clarify this question, if you can give any light to Dr. Robins, I sincerely trust you will do so. At the same time, I am enclosing a copy of this letter and if you think it possess any merit in the effort to clear up the trustees' situation you may forward same to Dr. Robins. My own personal reaction is that the matter should be referred to the State Department for a decision and that immediate steps should be taken toward clearing up the land situation. In a recent letter, Dr. Robins calls attention to the fact that the question of property technically did not come within the purposes for establishing the special committee. But, regardless of whether this is true or not it is a situation which should not be allowed to go by default. Very truly yours, CAE/B C. A. EVANS |
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| Jan. 5 1939.
Prof. H.B. Robins Ph. D The Cogate - Rochester Divinity School Rochester N.Y. Dear Dr. Robins, Many thanks for your letter of Jan 4th. Frankly I am at a loss just what to answer to the points raised by you. I am wondering, however, whether some such procedure as the following will commend itself to you:-- There will be a meeting of the Executive Committed in New York on some date in the week beginning Jan.16th. We shall probably be inviting Mr. Dean Sage Jr to attend this. Dr. Beech will also be there; he expects to leave for China at the end of the month; he must surely be well informed on all the points involved. Would there be any possibility that you also could attend this meeting of the Executive and have time also for further conference with the other two members of your Sub-Committee? Failing that do you think that it would be a good plan if Beech, Sage, Evans, Garside and myself were to get together and talk the whole thing over, und report to you any conclusions to which we might come? I am expecting daily to hear from Evans the exact date of the Executive Meeting. I will advise you further as soon as I hear from him. With kind regards, Yours very sincerely, |
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| 26 Grosvenor Street,
London, Ong. Jan. 7 1939. Rev. A. C. Armstrong D.D. 299 Queen Street West Toronto. Dear Dr. Armstrong, Two questions have arisen on which it is possible that your Office can throw some light:-- Where and how was the legal incorporation of the University carried out? I am not referring to its incorporation under the Regents of the University of the State of New York, of which details are found in the Minutes of the years 1919 to 1920. My Minutes do not go further back than 1919, when I first joined the Board of Governors. But I assume that Minutes are in your Office going back to the very in- ception of the University. Would it be too much trouble for one of your staff to make a search , and supply me with copies of any items in the Minutes relevant to the point? I am under the impression that the University property is held by the United Church of Canada ( legal successors to the former Methodist Church) in trust for the Board of Governors and the cooperating units. Perhaps your Office can check this point also; If this is the case, are the Deeds in the possession of your Office? Please find on a separate sheet a query, which I have put separate, as it will go to another Department. I trust that I am not troubling you too much in these matter. With kind regards, Yours verysincerely, 06/7 |
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| Jan. 9 1939
Prof H. B. Robins Ph. D. Colgate-Rochester Divinity School, Rochester N.Y. Dear Dr. Robins, Continuing our correspondence, I enclose copy of a further letter form Mr. Evans, together with my reply thereto. I do not think that there is anything further to add. With kind regards, Yours very sincerely, |
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| Copy
Jan. 9 1939. Mr. C. A. Evans, Associated Boards, 150Fifth Avenue, New York City. My dear Mr. Evans, In reply to your letter of Jan.5th: -- It may be well that I should say a word about the two matters that are engaging our attention: -- 1.Incorporation for Degrees. I have gone carefully over the Minutes of the period when this matter was under consideration, and enclose copies of all the excerpts that I can find. Unfortunately, as you say, there is no correspondence or Minutes of the special Committee that had charge of the matter. I do not even know who were the other members of it, in addition to Mr. James Wood. I am inclined to think that the natural course to pursue would be one of us to seek an interview with the official who would represent the Regents of the University of the State of New York, and take up with him the question of transferring the Charter to the Board of Governors, as at present constituted, and doing away with the Trustees. There is, of course, the other consideration as to whether, in view of the Registration and recognition of the University by the Chinese Government, there is any need for a Charter from the Regents at all, and we quietly drop the whole organization of the Board If Trustees. What guidance can we get from other Universities? 2.Titles of Property. I have traced considerable action on this matter in past Minutes, and will arrange to have copies made of all relevant material. I fear, however, that this cannot be done in time for the meeting of the Executive Committee next week; nor would it be much use discussing it there. It will suffice, I think, if the points raised by Dr. Robins are brought to their attention; if they think it advisable they can refer the matter to the same or another Committee, for investigation. |
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| I have written to the Office of the United Church of Canada asking for copies of all items in early Minutes which have to do with the Incorporation of the University at the time of its inception. My own Minutes do not go back earlier than 1919, when I first joined the Board of Governors. I am wondering how far the Minutes in your Office go back. I may mention, in passing, that I have all Minutes, bound in six volumes, back to Sept.11.1919. The early Minutes will surely indicate where and how the incorporation for legal purposes was carried out. I also asked whether they have in their possession the original Deeds to the property. For it is quite clear, I think, that the United Church of Canada, (as legal successor to the Methodist Church) holds the property in trust for the Board of Governors and the cooperating units.
I hope to send you later the docket for the meeting next week, as you kindly undertook to have copies made of the same. I think that I shall be leaving London on Monday morning next; but anything mailed in New York on Saturday will reach me here. With kind regards, Yours very sincerely, |
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