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Benares. Having held office there, in the Government College, for five years, latterly as Anglo-Sanskrit Professor, he was transferred to Rajpoohana, as Inspector of Public Instruction for Ajmere and Mairwara. In 1856 he was promoted to the Inspectorship of Public Instruction for the Central Provinces, his headquarters being at Sangor. While he was at that place the Indian mutiny broke out, and, for a considerable period, his civil duties were exchanged, in circumstances of constant peril, for military. On the country's becoming somewhat pacified, broken in health by the hardships he had undergone, he left India for eighteen months, and then returned to his appointment. Terminating his Indian career in the spring of 1862, he fixed upon England as his future home. For some years he was Professor of Sanskrit, Hindustani, and Indian Jurisprudence in King's College, London, and also Librarian to the India Office. In 1869 he removed from London to Marlesford, in Suffolk, where he still lives in retirement. His publications, in substantive volumes and contributions to journals and magazines, are alike miscellaneous in character and numerous. In 1860 he was honored with the title of D. C. L. by the University of Oxford, in consideration of his services to Oriental literature. Three of his four brothers, Benjamin Homer, Richard Fitch, and James Stevenson, followed his lead in graduating at Harvard.

OLIVER WENDELL HOLMES, LL. D.,

was born in Boston, March 8, 1841. He attended Mr. T. R. Sullivan's, afterward Mr. E. S. Dixwell's, School. In April, 1861, he joined the Fourth Battalion of Infantry, Major Thomas G. Stevenson, then at Fort Independence, Boston Harbor, where he wrote the poem which he delivered on Class Day. July 10 he was commissioned First Lieutenant, Company A (afterward transferred to Company D), 20th Massachusetts. In the battle of Ball's Bluff, Oct. 21, he was wounded in the breast, and was also struck in the abdomen by a spent ball. March 23, 1862, he was commissioned Captain, Company G. He received a wound in the neck at Antietam, Sept. 17. In Feb., 1863, he was provost marshal of Falmouth, Va. At Marye's Hill, near Frederickburg, he received a third wound, in the heel, May 3. He was commissioned LieutenantColonel, 20th Massachusetts, July 5, 1863, but was not mustered in, the regiment being too much reduced. Jan. 29, 1864, he was appointed A. D. C. on the staff of Brig.-Gen. H. G. Wright, commanding the First Division, Sixth Corps, afterward Major-General commanding the Sixth Corps, and served with Gen. Wright during Gen. Grant's campaign, down to Petersburg, returning to Washington with the Sixth Corps when the capital was threatened, July, 1864. On July 17th he was mustered

out of service, it being the end of his term of enlistment. In September he entered the Harvard Law School, and received his LL. B. in 1866. In December, 1865, he entered the law office of R. M. Morse, Barristers' Hall, Boston. Spending the summer of 1866 in Europe, he became a member of the English Alpine Club. On his return he entered the office of Messrs Chandler, Shattuck & Thayer. He was admitted to the Suffolk Bar March 4, 1867, and subsequently was admitted to practice before the U. S. Supreme Court. He practiced his profession in Boston,first in partnership with his brother; afterward in the firm formed in 1873, of Shattuck, Holmes & Munroe. In 1870-71 he taught constitutional law in Harvard College, and in 1871-72 was University Lecturer on Jurisprudence. He married Miss Fanny Dixwell, daughter of E. S. Dixwell, '27, of Cambridge, June 17, 1872. In 1873 he published in four volumes the 12th edition of Kent's Commentaries, adding elaborate notes. From 1870 to 1873 he had editorial charge of the American Law Review, vols. v, vi, and vii, and wrote for this review the fol lowing articles: 1. "Codes, and the Arrangement of the Law;" 2. "Ultra Vires;" 3. "Misunderstandings of the Civil Law;" 4. "Grain Elevators;" 5. "Arrangements of the Law: II, Privity;" 6. "The Theory of Torts; 7. "Primitive Notions in Modern Law" (two articles); 8. "Possession;" 9. "Common Carriers and the Common Law;" 10. Trespass and Negligence;" and many shorter matters. An essay

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by him on "Early English Equity " may be found in the English Law Quarterly Review, April, 1885; and in the Harvard Law Review two articles on "Agency," March and April, 1891; "Privilege, Malice, and Intent," May, 1894; "Executor," May, 1895. A volume of his speeches "Chance Utterances of Faith and Doubt, printed for a few friends who will care to keep them was published by Little, Brown & Co. in 1891. In the winter of 1880 he delivered a series of lectures on the Common Law, in Boston

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one of the Lowell Institute courses. He published a volume upon the same subject, in 1881, which was characterized in the London Spectator as "the most original work of legal speculation which has appeared in English since the publication of Sir Henry Maine's Ancient Law.'" It has been translated into Italian by Sig. Francesco Lambertenghi-now the Italian consul-general at Zurich. He was appointed to a new professorship in the Harvard Law School in 1882; but he had barely entered upon his duties there when (Dec. 8) Governor Long appointed him an Associate Justice of the Supreme Court, in place of Judge Otis P. Lord, resigned. He is a member of the Massachusetts Historical Society, and was a Fellow of the American Academy, but resigned; and at the same time that his father was receiving LL. D. from Oxford (in 1886), he was receiving it from Yale.

ALBERT THAYER MAHAN, LL. D.,

was born at West Point, N. Y., Sept. 27, 1840; graduated from the U. S. Naval Academy in 1859, and served through the several grades of the navy until 1885, when he was promoted Captain and detailed as lecturer on Naval History and Naval Tactics at the Naval War College, at Newport, R. I. In 1886 he was made president of the College. In this capacity wrote for the use of the students the "Influence of Sea Power upon History, 1660-1783," 1890), and the "Influence of Sea Power upon the French Revolution and Empire" (1892). In 1894 he received the degree of D. C. L. from the University of Oxford and of LL. D. from that of Cambridge, England, in recognition of the above works. Besides these works he is the author of the "Gulf and Inland Waters," in the Series of the "Navy in the Civil War" (1883), and of a "Life of Admiral Farragut " (1892).

SIR FREDERIC POLLOCK, LL. D.,

was born December 10, 1845. His grandfather was Chief Baron of the Exchequer till 1866, the baronetcy being conferred upon him on his retirement. His father was for many years Senior Master, first of the Court of Exchequer, and, after the passage of the Judicature Act, of the Queen's Bench Division. Educated at Eton College, and Trinity College, Cambridge; Bachelor of Arts, 1867, Master of Arts, 1870, elected fellow of Trinity, 1868. Called to the Bar, 1871. Corpus Professor of Jurisprudence at Oxford since 1883. From 1884 to 1889 inclusive was Professor of Common Law in the Inns of Court. Has been editor of the Law Quarterly Review since its foundation in 1885. In 1895 was appointed editor of the Law Reports. Was a member of the Royal Commission on Labor, 1891-94. Elected a corresponding member of the Institute of France (Académie des Sciences morales et politiques), 1893. Publications: Legal. "Principles of Contract," 1875 (6th edit., 1894); "The Law of Torts," 1887 (4th edit., 1895); "Digest of the Law of Partnership," 1877 (6th edit., 1895); Essay on "Possession in the Common Law," 1888, in collaboration with Mr. R. S. -now Mr. JusticeWright; "History of English Law," 1895 (with Mr. F. W. Maitland); "The Land Laws," in the "English Citizen" series, 1883 (2d edit., 1887, reissued with addenda, 1893, new edition now in preparation); "Handbook of the Fishery Laws" (for the Fisheries Exhibition, 1883). Mixed. "Essays in Jurisprudence and Ethics," 1882; "Oxford Essays and other Discourses," 1890; "Leading Cases done into English," 1877; "Leading Cases and other Diversions," 1892. Philosophical. "Spinoza, his Life and Philosophy," 1880.

Football.

ATHLETICS.

FOOTBALL DOCUMENTS.

The Graduates' Magazine for September printed the official correspondence issued up to that time on the football controversy between Harvard and Yale. Harvard waited till Oct. 5 for a challenge from Yale, but as none came she arranged for games with other colleges on the dates which, in the expectation that Yale wished to play, had been kept open. The following statement was published in the Yale News of Oct. 15, 1895.- Ed.

To the Editor of the Yale Daily News: It seems important that graduates and undergraduates alike should be informed of Yale's position with regard to football during the present season. A statement purporting to come from the Harvard Athletic Committee, with regard to negotiations between the two universities, has been published, and Yale is justified in no longer treating those negotiations as confidential.

Throughout the winter and spring the newspapers were filled with charges against Yale players and against its team and the Yale spirit in general. From first to last no explanation or disclaimer of these charges came from any Harvard source. The attacks were so persistent and long continued, and were so similar to charges which had been made after games in previous years, that it was no longer possible for Yale to ignore them. One of two courses was open. Yale fully believed that she was not to blame for the beginning of whatever of roughness occurred in the Springfield game, and she believed

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that there was overwhelming evidence to this effect. It was possible for her to have replied in the newspapers and, by counter charges, to have created what would undoubtedly have been a lasting breach. But her traditional silence was adhered to, in the belief, persisted in for months, that the charges would die out, and that some form of statement would relieve her from the necessity for taking any action. It is an open secret that such a statement as was desired was written by the Harvard captain, and that he was dissuaded from sending it by the Harvard officials. The other course was to call the Harvard captain's attention to the charges, and insist that Harvard's position with regard to them should be fully and fairly stated before football was played again. The latter course, as being the more courteous, was taken, and Captain Thorne's letter, referred to as "famous" by the Harvard Athletic Committee, was written. So much misapprehension exists with regard to that letter, and it has so frequently been called a demand for an apology, that it is well to reprint it.3

Of this the Boston Transcript said, under date of May 21, 1895: "It should be stated in justice to Yale, however, that the text of Captain Thorne's letter asking for a retraction does not bristle with threats, as the public has been led to suppose by the imaginative stories which have been going the rounds. It is just such a 1 This sentence betrays an entire misconception of the facts. - J. B. A.

2 This is a mistake.-J. B. A.

3 This letter was printed in full in the Graduates' Magazine for September, p. 119.

letter as one would expect to receive from a gentleman connected with one of the great universities of the country. Captain Thorne said in his letter that while Yale did not hold the Harvard team responsible for the charges which have gone forth from the public press, Yale felt that Harvard men had not contradicted them as they might, and thus neutralized the effect upon Yale as a university and upon the sport. No mention of an apology is contained in the letter. All that was called for was a contradiction of the criticism made last fall by Dr. Brooks, and this Harvard has not felt called upon to do."

There the matter subsided, and conservative sentiment among college men was rapidly becoming favorable to Yale's position and to a suspension of the annual football game for one or two years, or until the ill-feeling publicly created should have died out. Late in June the matter was reopened. The statements then made in the newspapers were substantially correct, that Harvard had held out the "olive branch" by suggesting a dual league. This was not officially done, and it should not be spoken of as the overture of one college or the other; but in private conversations between recognized leaders of the two universities it was urged on the part of Harvard that, under the circumstances, she could not say anything which could be construed into an apology, and that Yale ought not to demand it; that Yale ought to receive the offer of the dual league as the best possible vindication in the power of Harvard men; that where the party alleged to have been injured offered, or was willing, to enter into a copartnership for

1 This is not a correct version of the June interview form introduced. — J. B. A.

a term of years in all sports with the party alleged to have committed the injury, the vindication was complete. It was too late to get Yale men together during the summer, but they were consulted by letter and the plan approved. Accordingly, in September, representative men of the two universities met at a dinner given in New York city by Judge Howland. There were present two members of the Harvard Board of Overseers, the most prominent benefactor of its athletic interests, and other eminent Harvard graduates. A full understanding was reached, by which a dual league in all branches of athletics was to be entered into for a term of years, without any other announcement to the public than the publication of the indenture when signed. It was expressly understood, on the suggestion of the Harvard men, that no letter should be written by either side. The agreement was to be left exactly as it had really been brought about, as the result of perfectly friendly meetings between representatives of the two universities. The Harvard men undertook to get the assent of the requisite authorities to give it validity, and a game on November 9th, or 16th, on neutral college grounds, seemed almost a certainty. After a delay of about ten days, information was received from one of the Harvard men, that it would be necessary to bring a member of the Harvard Athletic Committee into communication with Yale representatives. The agreement that had been reached was stated to this member of the committee, who replied that, as a preliminary to any negotiations, the Harvard Athletic Committee demanded that Yale should write, asking for a game. This was in direct conflict with the previous understanding,

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