The Dawn of a New Day 43
Hutchins, Hamilton Howerton, Ben J. McIver, Luther Little, Perry
Crouch, and Dr. Herring. In brief they suggested that North Carolina
Baptists would be ridiculed if they rejected the Reynolds offer
because it would be passing up a tremendous opportunity to promote
the cause of Christian education.
At 4:20 P.M. the convention made its decision in a rising vote, and
officials in the auditorium estimated that "an overwhelming majority"
of those assembled, from 95 to 97 percent, had voted in favor of the
Reynolds offer.
With the approval of the resolution, M. A. Huggins, general sec-
retary of the convention, put forward a motion of thanks to the
originators of the plan which would create the new Wake Forest, and
it, too, was resoundingly accepted. The motion put the Baptists of
North Carolina on record as expressing "profound appreciation" to the
foundation trustees and in particular to Mr. and Mrs. Babcock "for
their very generous and munificent gift to Christian education in
general and to Wake Forest College in particular" and pledging that
"it will be used in the years ahead in the spirit and for the high
purposes for which it has been given."
On September 11, 1946, the Executive Committee of the Wake
Forest Board of Trustees named three men to prepare a test case
which would be submitted to the North Carolina courts for deter-
mination of whether the Reynolds Foundation could actually commit
some part of its income to the college in perpetuity. On the committee
were Broughton, Judge L. R. Varser of Fayetteville, and Irving
Carlyle. They were to work with J. Wilbur Bunn of Raleigh, the
college attorney, in drawing up the legal papers.
Before a contract could be challenged, however, one had to be
negotiated, and that agreement, in formal language stating the exact
obligations of the foundation and the college, was executed by the
trustees on November 16, 1946. Only Carroll Weathers voted against
it.
Thereafter the friendly suit went into litigation, moving first
through the Forsyth County Superior Court and, on appeal, to the
North Carolina Supreme Court. On June 5, 1947, Chief Justice W. P.
Stacy issued the opinion which gave the final seal of approval to the
longterm partnership of the Z. Smith Reynolds Foundation and Wake
Forest College.
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