The San Francisco call., 1896-11-11
REGENTS HOLD
J TIE SUTRO SITE
=.
Attorney Generals Appro-
= val of Contracts May
Not Be Required.
Professor Gayley Allowed a Year
:. to Do Editorial Work in
England.
HIS SALARY IS NOT DoCKED
3.
The Board Again Defers Action il
Selecting a Site for the vii.
merding School.
HIS SALARY IS NoT DoCKED.

ing were: Governor Budd, 7. G. Phelps !
John E. Budd, c. F. Crocker, Charles NJ.
Chase, J. B. Reinsteln, Chester Rowell,
President Kellogg. William T. Wallace, ].
West Martin, E. A. Denicke, Charles w.
Slack, a. S. Hallidie, II. S. Foote, J. d.
Lynch, George T. Marye and Major
Nfhoon, attorney of the board. Mayor
elect James D. Phelan and DR.. Beverley
X. Cole constituted the gallery.
Contrary to the usual fashion, an ap-
plication of Professor Gayley to be grant
ed leave of absence for one year encoun-
tered some resistance. The committee had
reported in favor OF the request. Colonel
'Crocker asked the president of the uni
versity 10 make statement of the cGse to
the regents. 1t was then stated by Presi-
dent kellogg tn at Professor Gayley con-
=: templated going abroad to fill an I'M
portant lite rary engagement in London
with the great publis hin g-house of Mac
milan d Co. The professor had been ap-
pointed chief editor OF an important
WORK on the comedy side of the English
drama. His sojourn abroad and his
duties as editor would bring him into
close contact with the most advanced Eng
o Iish men of letters, and thus enable the
professor to broaden himself. 1t was
broadly indicated that all the new knowl-
edge that Mr.. Gayley would acquire while
rubbing up against English talent in let
ters would be unloaded in due time at
. Berkeley to the everlasting literary emf
nence OF that classic spot.
The Governor signihed his willingness
i. to vote for the leave.
=. Another regent dwelt upon the glory
which would be shed upon California by
one of our professors editing a vast work
on the English drama for the "McMul-
lens"
Mr.. Hallidie remarked that the State of
California was called on to contribute
$4,000 TO the great work.
Judge Slack explained that Professor
Gayley would secure very little pecuniary
compensation for the work. The pro-
lessor had been selected in preference to
other eminent shoiars to perform the
. work.
The fact was brought out in the discus
sion that Professor Gayley has taught
eight years at Berkeley. 1t was acknowl-
edged by all that the literary engagement
would bring him in close touch with men
of letters in England, but the argument
did not cure unanimous vote:
Judge Wallace, Chester Rowell, T. G.
Phelps and A. S. Hallidie put themselves
on record as against the leave of absence,
but majority voted in favor OF the appli-
cation.
1t is assumed that Professor Gayley will
return e. Berkeley at the expiration Of his
leave of absence, yet if he should elect to
resign and remain abroad for an indefinite
career of broadening the regents could do
nothing but regret his absence.
The subject of Affiliated Colleges was
taken up out of order. Major Mhoon sub
General Fitzgerald. The letter of the
Attorney-General cites section 6, article X,
of the constitution, providing that the
labor of conYicts shall not be let out by
contract. 1t was his opinion that the con-
tract between the regents and the Ray
Construction Company for Folsom granite
was q direct violation of the letter and
spirit. of the constitution. The Attorney
General wrote that he could not approve
the contract until the provision touching
Folsom granite was eliminated.
Governor Budd-I am not convinced
o that all the facts were presented to the
Attorney General. The constitution of
1879 provides that the work OF prison
labor should not be used for the benefit of
contractors. The regents carefully con-
- sidered this provision, and in order to
make the record unassailable adopted a
resolution a long time ago assuring the
State Board of Prison Directors that the
benefit from the use of the prison labor
would inure exclusively to the State:
That matter, l think, was not explained
to the Attorney General. Unless he modi-
ties his opinion we shall surely lose the
Sutro site, and perhaps the appropriation
NAV be lost. I think the matter should
b. referred to the law committee.
tracts to the eAttorney-General. He called
nv attention to the points of objection.
The first point he made was against the
use of Folsom granite, and the second
was that contracts tor $Z4o, ,OOO mad peen
awarded when only SIZE, 900 was availab Bile
He receded from the second point on con-
sidering that $3.50, 600 had been appropri
ated. / did all | could to convince The
Attorney General that the granite was fol
the exclusive use oil the State and not fol
- - Tho Affnrnev-
General denies his power to approve con-
tracts from the law OF 1876. 1t IS CUES
tion whether the board is subject TO thai
law but 1t would be easier to go before the
Legislature than take the question to th'
Supreme Court. We might submit th'
question to the Supreme Court to ascer
tain if the act of 1876 governs the regents
Judpe Wallace refreshed the regents
with an elaborate and lucid argume Mt
He said: 81 have always maintained tina
the act of 1876 has no reference to th'
university. The Supreme Court has es
tablished by two decisions-if decisions o
that court can establish anything-tha
the act OF 1876 does not apply TO the re
gents. The constitution declares that th
Teqents have an independent existence
subject onIy to the act OF 1868 and act
amendat atory thereof Why, the law ha
mot been repealed which provides that {
person holding a judicial position shai
not hold an executive office. Ihat laV
exists but It has no force Ii IL were ii
iorce Judge Slack and myself could no
serve on this board. l know the Attor
ney.Genera! very well. and to my min'
no one surpasses him in ability or hon
esty, but we have heard that even Home
nodded. Fitzgerald has nodded In this
We all know that the policy of the law |
to cherish free labor. We are not CROWD
ing free labor. Prison labor is quarryini
granite all the time. After it is lifted ou
OF the earth free abor takes it. Is tner
any law to prevent the State from quarry
ing on State property? We propose {
4 use this granite for the benefit of tne state
u not for the benefit of the contractors
AIhe Acknowledgement misunderstand
She facts So obviously is there funda
mental error on the Attorney-Generai
part that we cannot pass it by withor
notice. / am not anxious 10 throw mys sci
into opposition TO the Attorney-Generai
a man for whom / entertain so much re
snect Tie cnnsiitutinn saws that the con