Dr. Henry B. Robins在1938年8月至1939年1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 ,6-21页
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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
弗兰克·安德森博士 加拿大安大略州马斯科卡湖格雷戈里邮政局 亲爱的安德森博士： 我随信附上一封我写给罗宾斯博士的信的副本。罗宾斯博士提出了两个问题，涉及董事会的职能相对于董事会的管理职能。 您会注意到，我们尚未完全回答第一个问题，因为我无法找到在批准宪章时，董事会在这方面所采取的立场的相关条款。可能有一些会议记录没有送到我们手中，或者可 罗宾斯博士的第二个问题涉及大学授予学位的职能。我认为这是明确规定的，因为将此权限授予了华西协合大学，而不是董事会或理事会。 您可能还记得，也曾有关于财产所有权的问题。如果您手头没有这些资料，我们将不得不等到假期结束再处理。 谨致问候， 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: - |
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1938年8月17日 亨利·B·罗宾斯博士 科尔盖特-罗切斯特神学院 纽约州罗切斯特市 亲爱的罗宾斯博士： 您寄给加西德的信已收悉，但他将缺席至秋季末。因此，我正在向您转达您请求的信息，关于我能够查找到的内容。 我发现，您曾是一个原始委员会的主席，该委员会对董事会和理事会的组成进行了讨论。经过一些修改，该组成最终得到了董事会和合作机构的批准，并作为现场董事会的指导方针。直到此刻，我还无法找到批准此协议的记录是否已由现场董事会通过。然而，后续的协议签署确认了董事和理事会的作用，这在事实上完全符合拟议宪法中规定的条件。 这只是回答您问题的初步内容。董事会可以轻易地承担起信托责任。大学持有财产的权力已包括在宪章中，并且得到了明确的定义。 最初，这些财产的产权被登记在各个合作机构的名下。英国社团向英国大使馆登记，而曾有一段时间建议美国社团向美国政府登记。然而，这一做法从未执行。宪章中的相关部分规定了理事会对财产的权力，内容如下： | |||
| "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 |
“理事会应以其成员的名义，或以大学的名义作为一个法人实体持有所有信托契约、捐赠及大学的其他财产，除非另有规定。”
“理事会可以在其职责范围内，按照大学的利益，将财产出售或出租给董事会或其他机构，从这些财产产生的租金和收入归理事会所有。” 坦率地说，您提到的有关现有财产持有者的问题仍需进一步查明。 至于授予学位的功能，就与中国政府的登记注册而言，以及就从纽约州获得的特许状而言，已经得到了充分的覆盖。此信函的正文内容如下： “本文件证明：纽约州大学的董事会已满足所需条件，授予位于中国四川省成都的华西协合大学一项绝对特许权，以取代其临时特许权，赋予授予学士学位（B.A.）、理学学士（B.S.）、医学博士（M.D.）、牙外科博士（D.D.S.）的权力，符合大学董事会的规则及教育委员会对高等教育机构注册的规定，并维持该机构所有的权利、特权和义务。” 由于这些权力已授予华西协合大学，并且董事会已经将这些权力移交给董事会，似乎没有涉及信托人的问题。我们的档案部门正在进一步研究此事，我建议我们应与秘书核实，确认是否在中国由董事会实际批准了章程。如果已批准，该章程的影响范围如此广泛，似乎没有继续设立信托人的必要。 谨致问候， 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
弗兰克·安德森博士 加拿大安大略省伦敦市格罗夫纳街26号 亲爱的安德森博士： 关于亨利·罗宾斯博士提出的请求——查询有关信托人信息的情况，我感觉有些拖延。他在8月8日写信给我，我于8月17日回信给他，并将此信的副本寄给您。 我想知道此事是否已直接与罗宾斯博士联系，如果没有，我们是否能在此情况下提供帮助？目前，我们的全体工作人员都可以进行任何必要的研究，而在夏季期间，我们被分散到四方各地。 我真诚地希望您在享受加拿大的冬天，您可能比我们更早迎来了冬季。“下雪”是一个很恰当的词，尤其是在感恩节和上周六夜里，纽约地区看上去比平时更像加拿大。 谨致最诚挚的个人问候，我保持联系。 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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