EM LIN McCLAINJUDGE OF THE SUPREME COURT OF IOWAConvocation Orator, September 3, I909The University of ChicagoMagazineVOLUME II NOVEMBER, 1909 ' NUMBER IOUR COMMON HUMANITY 'AND THECOMMON LAW IBY EMLIN McCLAIN, LL.D.Judge of the Supreme Court of the State of IowaOUTSIDE of some institution of learning we are not allowed to. forget for a day or even an hour that this is an age of lightningprogress. Our railway trains no longer hesitate at a mile a minutefor a run of a thousand miles; our automobiles ignore ordinancelimits; and our flying machines vie with the birds of the' air inspeed, if not in agility. And all this rapidity of progress in materialaffairs seems to us to be recent. Fulton's steamboat, a reproductionof which has recently been run up the Hudson River in connectionwith the tercentenary of its discovery by the enterprising Dutchman,Henry Hudson, was invented not more than one hundred years ago.The engineer who operated the first steam locomotive is still living.During the lifetime of the inventor of the telephone the Japanesemay be introducing his invention into the capital city of Korea, Acompany is formed to carryon commerce by means of aeroplanesbefore the first successful trial trip is more than the news of yester­day. It has become possible, although by no means yet common,for an inventor or an author to realize before he dies the substantialprofits of his invention or his reputation. Looking at the achieve­ments of the present day with the microscopic, that is the short­sighted, eye of science, it is not practicable to discover that we haveanything of value which is more than a century old.1 Delivered on the occasion of the Seventy-second Convocation of the U ni­,:ersity, held in. the Leon Mandel Assembly Hall, September 3, I 909�2 THE UNIVERSITY OF CHICAGO MAGAZINEThe historian, however, has a long-sighted eye. He sees in­distinctly the minutiae of the immediate present; but he can differ­entiate stages of development and successions of achievement inthe past. If the more scientific historian, the student of chroniclesand the cataloguer of facts, should resent the suggestion that thereis a philosophy of history, the point may readily he yielded tosuperior knowledge, and the ordinary onlooker may content him­self with insisting upon the individual right to take an unscientificand even an unhistorical interest in the stages of human develop ....ment and the long succession of human events.This ordinary onlooker is impressed with the thought that theindividual capacity of the human being, his individual possibilities,physical, mental, and moral, have not greatly increased within thefew thousand years over which human knowledge can reach. Whatwere the successive stages of his evolution before he began to makeconscious records must be left to scientific speculation. But thehistorian who depends for his information or his speculative ma­terial upon such records must be impressed with the thought thatthere were individual giants, -intellectual and moral as well asphysical, Who were great not only in comparison with their contem­poraries but also in comparison with the giants of more recenttimes and were substantially their competitors in human excellence.We need not commit ourselves to the exaggerations of a child'shistory of the -world to believe that Alexander the Great had apersonal genius for organization and leadership when he extendedthe power of his insignificant Macedonia over the cultured Greeksand led his armies around the eastern end of the Mediterranean toEgypt, a.gain eastward through Asia Minor to India, and north­eastward to the Caspia.n Sea. Had the people among whom heestablished enlightened institutions been able to maintain them, weshould have recognized Alexander as the great fourider of a Euro­pean empire in Asia.In the first centuries of our era the emperors of Rome had ex­tended their power to the eastward until Constantinople became thecapital of the Christian world, and yet Attila, leading his swarm ofHuns from central Asia past this eastern outpost of Europe, pene­trated into its very center, and it seemed that Christian civilizationwas only preserved by his ultimate defeat at Chalons. Two cen­turies later a similar assault by Abderrahman at the head of theSaracens was only, apparently by the chance of battle, successfullyOUR COMMON HUMANITY AND THE COMMON LAW 3resisted by Charles Martel at Tours and Mohammedanism preventedfrom- dominating a considerable portion of southwestern Europe.Four more centuries of the Christian era had run when GenghisKhan of the remote and primitive Mongols north of the ChineseWall, carefully trained by his father for leadership, carried hispower eastward, subduing diverse tribes and peoples from China toPersia, becoming the head of an empire unsurpassed in geographicalextent and in the diversity of the races brought under subjectionto it; and still two centuries later Tamerlane, ruling these sameMongols whose center of influence Genghis Khan had planted inwestern Asia, overwhelmed the Turks at the gateway to Europeand again threatened the subversion of European civilization. Tam­erlane was unable to extend his dominion into European territorybecause of the natural limitations on human life and endurance.The Mongolian empire in western Asia went to pieces and abso­lutely disappeared for lack of any cohesive strength. Consideringonly his individual capacities, why was not Tamerlane as great aleader and ruler as Charlemagne?If it be said that the individual prowess of Alexander, Attila,and Tamerlane is the mere invention of chroniclers of heresay,child-book story-tellers, an appropriate answer is that a chronicler,no matter how fertile his powers of invention, cannot make even afictitious record of achievements of which he can have no conception,nor can he describe characters inconceivable to the people of histime, and we are forced to believe that the stories of the chroniclersembody and fairly present the possibilities of personages not sub­stantially different in their essential characteristics from those ofwhom we have more accurate information, If these somewhatmythical characters were fair types of the peoples of their timesthen humanity has not greatly advanced. The feature of its sub­stantial advancement as the result of civilization consists in thenearer approximation of the body of any people to the individualtypes of excellence developed within it. The wealth of Croesus,though not great as compared with that of the modern multi­millionaire, was inconceivably greater as compared with the averageof the prosperous men who surrounded him. His individual capacityfor accumulation and enjoyment seems to have surpassed that ofhis modern prototypes. At any rate he was reputed beneficentlyhappy, which can hardly be said of his modern rivals. It is nowdifficult to discover any substantial or well-marked gap between4 THE UNIVERSITY OF CHICAGO MAGAZINEa multi-millionaire and the individuals who compose the greatbody of his intelligent and reasonably successful contemporaries.Even in the fields of science Archimedes seems to have hadas great a capacity for discovering natural laws as Copernicus orNewton, and in the more speculative domain of philosophy therevere leaders among the Greeks who are still counted as authorities.If individual capacity then might be as great in particuhrexamples among peoples far less advanced in civilization than thoseof modern times, what is the characteristic of developing civilizationwhich makes the examples more numerous and gives to their effortsa solidity and continuity not previously known? Why were theempires of Alexander, Attila, and Tamerlane mere tidal waves, whilethe great Roman empire of the Germans substantially perpetuateditself through many centuries and the little kingdom of the Anglo­Saxons ruled over by Alfred the Great, founded among a peoplemore prim.itive in culture than subjects of Alexander, has becomeby unbroken evolution an empire on whose territory the sun neversets? The ordinary onlooker must be permitted to speculate onthese things and to seek some explanation among the influencesaffecting the course of human history.The explanation seems to be found in a law of developmentwhich makes for the betterment of the race as a whole rather thanfor the production of extraordinary individuals on the one handor the preservation of the wholly useless and inefficient onthe other.There is no doubt a tendency to variation which has produced and.always must produce exceptionally strong individuals, but there isa tendency to conservation of the whole which results in the levelingup of the mass by an approximation to the strong rather than by alike approximation to the weak. By a steady elimination of themost inefficient and the conservation of those who are efficient in aracial sense, the mass of mankind is brought into nearer approxi­mation to the best which has been produced, which is the best thatcan be conceived of, for it must be apparent that the race ideal can­not at any time be higher than a composite of the best qualitieswhich have been attained by individuals.Too great an emphasis in the individual of 'One particular char­acteristic, although good in itself with proper combinations, con­stitutes a weakness which must inevitably tend to degeneracy; andso it is that there are constant examples of degeneration whichnaturally lead the superficial observer to the conclusion that theOUR COMMON HUMANITY AND THE COMMON LAW 5race as a whole is deteriorating. But as the result of broad obser­vation rather than the study of individual cases we are led to theinevitable conclusion that there is a leveling up and not a levelingdown. The fact is that the type is constantly being raised so thatwhile the discrepancy between the ideal and the actual may stillbe great, yet the general average, which is the test of racial efficiency,is higher from age to age.This theory of the importance of the general average does notmean that the typical man is merely the average of all individuals.It would be better to say that the typical man is the generalaverage of the better half of the individuals, for the efficiencyof the better half is such to make it very much more potentialin determining racial tendencies. On the other hand the averageman, that is the average of the better half, let us say, is moresignificant than the extraordinary individual. The body of efficientindividuals is not typified either in opinion, action, or influence bythose who ar-e exceptional and therefore most likely to attract atten­tion. In a general way it is the common body of the better halfwhich really determines the destiny of the race.It is the betterment, then, of our common humanity, meaningby that the enlargement of the better half by bringing to its standardso far as possible all its members, and not simply by increasing theefficiency of a few individuals notable by reason of their peculiarcharacteristics, that is typical of permanent development.The process of evolution is largely unconscious, and while it is ahuman characteristic to feel a concern for the improvement and pro­tection of even the most inefficient, such conscious effort on thepart of the members of society will only slightly affect the resultof natural and unconscious tendencies.It must follow that striking instances of individual excellencein one characteristic are of little importance as compared with theimprovement of the better half, and while recorded history takesmore account of the striking individuals, the tendency of the race isbetter determined from the general condition of the average man;so that what may be spoken of as our common humanity is ofmore importance than our extraordinary humanity and the insti­tutions which have enabled it to sustain itself as against theinfluences which have tended to bear it down are those which theordinary onlooker must feel are the objects of his greatest interest.No rational student can deny to the Christian religion an extra-6 THE UNIVERSITY OF CHICAGO MAGAZINEordinary potency in human progress. For present purposes it isimmaterial whether we speak of The Christ as a new influence re­vealed to the world in pursuance of a divine design, or whether wespeak of Christ as the greatest religious teacher; for religion isone of the institutions which has either brought about or typifiedthe evolution of the race and has constituted one of the most potent,if not the most potent, force in such evolution. But the characteris­tic of, the Christian religion as an institution is its recognition ofour common humanity, a racial humanity, as distinct from theaggregation of the individuals which comprise a particular nation orcaste or the followers of a particular creed of belief. It is im­portant that he was the Christ of humanity and not merely of theHebrews. He was a prophet and the successor of prophets whoexalted the spiritual as compared with the material interests ofhuman beings. For among the characteristics which most stronglytend to differentiate the human animal from all other animals isthe capacity for spirituality. The Hebrew prophets had for theirpeople emphasized the spiritual as against the material side ofhuman existence. It was for Christ to emphasize the conceptionas applying to all humanity and not to the Hebrews alone. Thushe was the prophet, not of the Hebrews, but of mankind and heconstitutes the signal contribution of the Semitic peoples to a. civi­lization which they did something to foreshadow but to which theycontributed little else of enduring value.But the institution of religion emphasizing spiritua.l enthusiasmis not the only institution which has contributed to the bettermentof our common humanity; and the highest civilization which weknow and therefore the highest of which we can have any rationalconception has required for its building up other influences thanthose of spirituality. The organized society which seems to havebeen essential to the development of civilization in the world hasrequired the enlarging of freedom in the exercise of individualcapacities and ambitions. It is this freedom on the part of theaggregate of the individuals who respond to the tendencies whichmake for racial development which has afforded the opportunityfor growth. The impulse and opportunity for betterment in themass of our common humanity-these characterize the tendency,conscious and unconscious, making for a higher civilization.The Arian races seem to have largely contributed to the ele­vation of our common humanity through a genius for �a socialOUR COMMON HUMANITY AND THE COMMON LAW 7organization tending not simply to the perpetuation of the rule ofa dynasty or a class but rather to the administration and conductof- social relations with regard to the .welfare of the whole body ofefficient individuals. Their contribution was most noticeablymade through the Greeks and Romans, constituting that familyof the Arians to which we attribute the beginnings of our moderncivilization. This, again, is not a mere child's story, nor is it aplea for the study of the Greek and Latin languages, nor isit presented as a justification for pedagogues who devote their livesto the explanation of cases in grammar. They no doubt can vindi­cate themselves without present assistance. The contribution of theGreek and Latin peoples to the advancement of civilization was longago made; the benefits of that contribution have been fully assimi­lated; but it is still interesting to us to know what such contributionin fact was. The theory of government was worked out by Platoand Aristotle and the theory of law by the great masters of Romanjurisprudence. The political conceptions of the Greek philosophersare yet but imperfectly given their practical application and theyare still awaiting embodiment in actuality by the unconscious evolu­tion of mankind until it shall reach conditions under which govern­ment may really be the exposition of the will of the great body ofefficient people. But the conceptions of law evolved by the Romanmasters earlier found effective and consistent exposition for prac­tical purposes. The compilation of the body of the Roman lawunder the authority of Justinian, though not made until the Chris­tian religion had become the religion of the state, was but thebringing together in definite form of the rules of law and justicewhich should control the members of society in their relations witheach other; and these rules had been evolved and accepted amongthe Roman jurists before Christianity came into the world. Theywere not conceived as the law merely of a benevolent and intelligentruler, solicitous for the welfare of his subjects; they were recog­nized as the fundamental principles which should control socialrelations. Justinian formulated them, indeed, as the law of asovereign. It remained for the Anglo-Saxons many centuries laterto more clearly recognize them as embodying the law of the peopleand of greater authority on that account than the mere expressionsof a sovereign's wish. The Roman jurists could not have workedout their c conceptions of the natural law which should determinethe relations of intelligent men everywhere without understanding8 THE UNIVERSITY OF CHICAGO MAGAZINEthat they embodied something more important to humanity than aruler's will, something of deeper significance than an imperial con­stitution or the body of rules which a particular court would followin the exercise of its functions. The law of nature, so called, hasceased to have any practical interest, but its influence in the develop­ment of law, in the enlargement of the conception of justice andright, must not for a moment be overlooked.That there was among the Romans a well-developed ideal ofpublic rights, civil duties, and individual accountability quite on apar with that recognized by the highest public morality of thepresent time might be illustrated by many examples, but it is suffi­cient to resort to the trite illustration afforded by Cicero's orationsagainst Verres. And, in justice to the instincts of progressivehumanity, it must be remembered that Cicero lived before the Chris­tian era, and that he was not a mere theorist, although in his decliningyears he wrote philosophy, but on the contrary was a broadly edu­cated and very successful lawyer and statesman. His expressionsof sentiment with reference to the public and private misconduct ofthe one whom he was accusing need not necessarily be attributed tohim as genuine. He was pleading with a court to bring about aresult, and made those appeals which he thought would be mosteffective. But for this very reason we must assume that his invo­cation of high standards of public and individua1 conduct wasjudged by him, a man well acquainted 'with the standards of histimes, as likely to be effective and that those standards were recog­nized tests which would be applied in determining the propriety ofthe conduct which he condemned before the court. When Ciceromakes /�his appeal in behalf of public virtue, justifies the resistanceof 'provincials to Roman officers who were seeking to gratify theircupidity and lust, and denounces judicial corruption and the extor­tion of tax collectors he is unconsciously paying a tribute to publicmorality which we are justified in believing to have been welldeserved. With the Romans as with us the standards of publicmorality may have been higher than' the level generally attained; butthe contribution to the world's civilization was made when thosestandards were accepted by the body of efficient people.Similar expressions as to private rights and duties are embodiedin the Institutes of Justinian promulgated as a brief statement ofthe fundamental principles of jurisprudence to be administeredin the courts. "Justice is the constant and perpetual wish to renderOUR COMMON HUMANITY AND THE COMMON LAW 9everyone his due." "Jurisprudence is the knowledge of thingsdivine and human, the science of the just and unjust." "The lawwhich a people makes for its own government belongs exclusivelyto that state, and is called the civil law as being the will of the par­ticular state, but the law which natural reason appoints for all man­kind obtains equally among all nations and is called the law ofnations because all nations make use of it. The people of Rome aregoverned partly by their own laws and partly by the laws which arecommon to all mankind." "The law of nations is common to allmankind for nations have established certain laws as occasion andthe necessities of human life require." These pregnant expressionsas to the nature of law are found in the very first chapter of Jus­tinian's Institutes which has been regarded as a fundamental state­ment of the principles of jurisprudence not only in Rome butthroughout the civilized world down to the present time. Theyrecognize the customs of the people, that is, of the intelligent andlaw abiding members of the community, as the foundation of lawand as embodying the rules of conduct according to which the indi­vidual is Ito be judged with reference to his fellows.This respect for social order involving protection of the indi­vidual in his liberty and property was the contribution to thecivilization of modern times which the Anglo-Saxon peoples receivedas a part of the civilization which came to them from Europe. Itdoes not matter that similar conceptions of individual duty had beenevolved among other races. Distinctly as Roman jurisprudence itwas studied throughout the civilized world and accepted as of thatsource.Many centuries of struggle intervened after the compilationof Justinian's Corpus Juris before the principles embodied in itbecame the effectual foundation of actual government. The bodyof the Roman people to which it peculiarly belonged was over­whelmed with successive waves of barbarians of the Germanicrace and it was long before that race which dominated all northernEurope and in the vigor of its first organized awakening crowdedacross the Alps, became capable of accepting Roman jurisprudenceas more than a subject of polite learning.But the Germanic peoples were also of the Arian stock and werenot without their inherent powers of internal organization. Theyafforded ultimately a better foundation than even the Roman peoplehad afforded for the upbuilding and perpetuation of the institutions1.0 THE UNIVERSITY OF CHICAGO MAGAZINEof justice, government,' and sound society. Among the Germansthere was a personal equality and a recognition of community ofinterests not elsewhere attained. There was a power of local self­government in a practical form of which the Romans were notcapable. The struggle in Rome had been to achieve for the plebiansthe privileges enjoyed by patricians. Among the Germans as arace there was no analogous distinction. The welfare of ourcommon humanity was an easier conception to them and there wasa broader basis on which to build. In their primitive condition theGermans were not permanently subject to the domination of asovereign and equality of rights of all freemen, constituting theefficient body of the people, was the accepted condition. With themgovernment was essentially an expression of the popular will. Theelements of society were less heterogeneous; the interests of itsmembers less diverse. The will of the people was more easilyascertained than among the races which had preceded it in attainingto some substantial advancement in social organization.The common law, that is the system of law developed in GreatBritain by the Anglo-Saxons and constituting the system of law rec­ognized in all the countries which have derived their institutions fromthe English, was not founded on the Roman law; for the Anglo­Saxons had come into Great Britain before Roman civilization hadpenetrated to that portion of Europe from which the Anglo-Saxonscame and before the Germanic people had been reached by that civili­zation, save in so far as they had themselves penetrated into Italy andthe Cisalpine provinces. When the missionaries of the Christian re­ligion, bringing with them the learning which the church had firstpreserved, then fostered, and finally carried to remote portions ofEurope, reached the Anglo-Saxons in Great Britain, that people hadalready institutions of law and government which have been per­petuated without a break in the course of their development to thepresent time. The evolution of their system of law was unques­tionably influenced by Roman learning. When Bracton, about themiddle of the thirteenth century, wrote his great work on the Lawsand Customs of England) he assumed the recognition there of thoseprinciples of law and justice which he found set forth in theRoman law; but when he came to explain for practical purposes theEnglish law as administered in the courts, he found his sources ofinformation and his illustrations in the decisions of English judges,trying cases, in accordance with ancient precedents, and not in theOUR COMMON HUMANITY AND THE COMMON LAW IICorpus ] uris of Justinian or the precedents, commentaries, orglosses in which it had been from time to time expounded andapplied to new social conditions. The indebtedness of the commonlaw to Roman learning should never be lost sight of nor ignored;but on the other hand the nature of that contribution should not bemisunderstood. During the formative period of the institutions ofthe peoples of northern Europe, Roman law was with them onlyliterature, a source from which to borrow the terms in which theirown laws might be expressed and set down in systematic exposition.By the time of Edward I, in the latter part of the thirteenth century,there was as fully developed, as consistent, and as civilized a systemof law as in any of the European states and the evolution of thecommon law from that time to the present has been internal, con­secutive, and easily traced. No other civilized people has preservedso definitely and unbrokenly the records of a continuously develop­ing jurisprudence. It is not without great significance that LordCoke, Sir Matthew Hale, and Sir William Blackstone have treatedthe laws of England in their expositions as directly derived fromthose of King Alfred.Perhaps the credit due to the Anglo-Saxons as a branch of theGermanic family of races, for the invention, so to speak, and theevolution of what we call the common law has been overestimated.The foundation of their institutions was common to the Germanicfamily and in their more recent development they have been aszealously cherished by Celts as Saxons. It may be only a historicalaccident that the right of succession to the crown in England istraced continuously from the Anglo-Saxon kings but it may prop­erly be said that the common law was the contribution of theGermanic family, and especially of its Anglo-Saxon branch, tothe civilization of the world and, in a very just sense, its mostimportant contribution.What is the nature, then, of our debt to the Anglo-Saxons forthe advancement of human civilization, that is, to the betterment inevery sense, spiritually, mentally, 'artistically, and materially, of ourcommon humanity?First in importance and most fundamental we owe to this sourcethe conception of equality befcre the law, that is, in the enjoymentof the rights and privileges which the law recognizes and protects.as common to all the members of the community. And in thisrespect the common law was more in conformity than the civil lawI2 THE UNIVERSITY OF CHICAGO MAGAZINEwith the Christian religion which would tolerate no distinctionbetween freemen and bondmen, for although the Roman law ascodified by Justinian was th� law of a Christian emperor, slaverywas already established and was always recognized in Rome as apart of the social order. The enlightened intelligence of even thattime recognized the necessity of some explanation or apology fora condition inconsistent with the law of nature which assumed tocover and be applicable to all human beings whether subjects ofRome or not. Perhaps the fact that the common law originatedamongst a people to whom slavery as a condition was substantiallyunknown will account for the easy generalization of Blackstone instating the common law in this respect, that slavery cannot subsistin England and that a slave or negro the instant he lands in Englandbecomes a freeman whom the law will protect in the enjoyment ofhis person and his .property, Blackstone indeed admits the existenceiri feudal times of villeins who could own no property and weresubject to the will of the lord paramount and recoverable by him aschattels should they escape from his demesne or be taken awayby others; but his broader generalization as to the common law isjustified by the fact that in time people of this lowest class or condi­tion were recognized as owners of property and as possessing allthe rights to personal liberty of the free-born Englishman; so thatan unquestionable tendency of the common, law was to elevate thelower class to the level of the higher or common class of Englishsubjects. The feudal system of tenures already recognized classdistinctions based upon ancestry. The influence of the nobilitywas emphasized by large holdings of land involving some incidentalpowers of administering the law over those subordinated to them.These class distinctions have been preserved in England to thepresent time; but the common law of England did not recognizeany inherent individual power of the lord over the underling andregarded each as subject to the restrictions of law and gave to eachlegal protection in his rights. When it was declared in MagnaCharta that a peer should be tried only by his peers there was nointention that any different law or rule of conduct should be en­forced with regard Ito a peer than was administered to the freeman.Notwithstanding the social exclusiveness of the nobility, the Englishpeople has always recognized equality of rights and equality ofopportunities to the individual. The Englishmen who settledAmerica and were proud to bring with them the institutions of theOUR COMMON HUMANITY AND THE COMMON LAW 13common law, eagerly repudiated the distinctions of rank due to thefeudal system which had been preserved at horne.The recognition of the equality of rights under the law ledinevitably to a recognition of equal political rights and the will ofthe people as the source of political power. When the colonistsdeclared that governments derive their just powers from theconsent of 'the governed they announced no revolutionary doctrinebut called the attention of their brethren in England to a principlewhich had there already commanded general acceptance. The sub­ordination of the ruler to the constitution had been already fullyestablished as a law of the English system and that law hadbeen put into practical effect. Other rulers had recognized theirdependency upon the military and pecuniary support of the body ofthe people whom they governed, but the English ruler had beencompelled to recognize in a more tangible way his subordinationto the popular will. The question as to how that will should beascertained remained to be solved. It was solved in England by agradual enlargement of the electorate. In this country it was solvedby the practical recognition of universal manhood suffrage. It maybe that the problem has not yet reached its final solution. It maybe that some more effective method is yet to be devised by whichthe efficient majority of our common humanity is to attain morecompletely the embodiment of its will in the affairs of government.At any rate one substantial step in advance was made when thecolonists established in America a government �recognizing thefundamental principle that the powers of those intrusted with publicauthority were derived from the people as distinct from the theory ofthe English constitution that the right to govern, though hereditary,could only be exercised under restrictions imposed by the will of thegoverned.There is no occasion here to indulge in panegyrics on populargovernment. Much has been anticipated by enthusiasts which hasnot been realized. Much yet remains to be done in developingamong the efficient body of our people a higher regard for the dutieswhich fall upon those who participate in the responsibilities ofpopular government. A just conservatism dictates a constant carethat the selfish interests of those who are most active in publicaffairs shall not be mistaken for the sound and responsible voice ofthe citizen who has no immediate interest in government save thatit conserve the general public welfare. On the other hand there14 THE UNIVERSITY OF CHICAGO MAGAZINEis no occasion to be frightened by reactionaries who see in thecentralization of power, such as is found in Germany or France, thesolution of our own troubles and would tear down as an incum­brance the fabric which we have striven so long to create andperfect. Those systems of government have, too, their difficulties.In limiting participation in effective government to a smaller classthey have to face the danger of social and even political revolution.The broader the foundation of government, so' that it be a founda­tion of intelligence and efficiency, the safer is the structure erectedupon it.But law and government may be pieces of good working ma­chinery without accomplishing all that might be accomplishedthrough them for the betterment of our common humanity whichis the distinctive characteristic of advancement in civilization, andit is a legitimate question whether the common law and our popularinstitutions founded upon it has accomplished all that law andgovernment can accomplish toward the desired end. There aremany who persistently attempt to throw discredit on the law becauseit is too conservative; but if it prot�cts property and personal rights,rights founded on the theory of equality, it does probably all thatcan be done by law for human advancement. A distinction mustbe borne in mind between the law and laws. The law is a systemin accordance with which rights are protected and obligations areenforced. The greater part of the laws consists of legislation moreor less wisely directed toward the improvement of the conditionof the body of the people subject to the law, both the efficient andthe inefficient. The great mass of our legislation relates to admin­istration and police regulation and is no part of the law. The law andthe principles of government recognize the propriety and importanceof such legislation, much of which must be transitory in effect andmore of which is the result of attemr.ts well meaning but misjudgedto accomplish results not attainable under any system of socialorganization yet discovered. But it may be truthfully said thatbeneficent legislation has found in the common law the recognitionof every form of legislation for the betterment of social conditionswhich has reasonably been attempted.There are those who insist that the center of equilibrium has insome way been changed in the development of new social conditionsand that somehow the common law has ceased to adapt itself tosuch conditions; but the necessity for public order, for the protec-OUR COMMON HUMANITY AND THE COMMON LAW IStion of property, and for insuring to each individual his liberty, saveas it is necessarily curtailed by membership in human society, hasnot ceased to be the paramount necessity of civilization. When toeach member born into society is guaranteed the equality of oppor­tunity to exercise his physical, mental, and moral powers, thosepowers with which he is endowed as a human being and whichaccording to the Roman theory of law constitute his natural rights,that is, his rights by nature, all has been done for him which asystem of government or law can do. That some individuals arebetter endowed than others as effective human beings is in itselfa law of nature. Equality of achievement and enjoyment is notyet conceivable as an accomplishment of any social organization.N either law nor government has yet reached the limits of itspotentiality for the betterment of social conditions, but on the otherhand neither can at once effect the realization of the ideal. Thebest that can be asked for either is to exercise a persistent influencetoward bringing our common humanity to the highest standard ofwhich that humanity can form a rational conception. In doing sothere may be some restrictions inevitable in the nature of thingsupon the attainment of individual and exceptional excellence. Itis humanly impossible that the type shall .represent only the fewbest or the few strongest or the few most ambitious; but within thescope of permitted activity there will be found opportunity for theexercise of every efficient faculty with which mankind has beenendowed.HOLMES .AS A HUMORISTIBY JAMES WEBER LINN, '97Assistant Professor of EnglishSPEAKING from the same- platform with Dr. Crothers" on thehumor of Oliver Wendell Holmes, is much like talking be­fore Colonel Roosevelt on the habits of hippopotami or of male­factors. For D�. Crothers is not only a student of Holmes, buthimself a humorist of the same friendly and philosophic type; and,for me worse still, he has embodied his views of Holmes's humor -in an article in the Atlantic) published only two weeks ago. If Irepeat what he says, I shall confront the charge of plagiarism; ifI do not, I shall show a mere lack of acumen. Under the circum-stances, I am at a loss. .And for another reason, in discussing Oliver Wendell Holmes,I am at a loss. Longfellow was a poet and Lowell was an Ameri­can, but Holmes was a Bostonian, and it is not for the profanevulgar to lay hands upon the elect. Dr. Holmes was the object ofmany pilgrimages ; he received with courtesy visitors from Osh­kosh, Keokuk, and Kalamazoo; but had such a far-western visitorventured to comment upon the aristocratic appearance or the NewEngland accent of his host, would he not presently have realizedhis mistake? Holmes's humor is almost as local as his class poems;for its sure, ':)Jpreciation it ,requires a Copley in the dining-room, acharge account at Hovey's, and a membership in the SomersetClub. Once Dr. Ho11J1es himself, directing a young man to a cer­tain address, .said, "It is just off Washington Street-and if youdon't know where Washington Street is you don't know anything."His most famous witticism is that one which concerns itself withBoston-"Boston State House is . the hub of the solar system; youcouldn't pry that out of a Boston man if you had the tire of allcreation straightened out for a crowbar.' True, it was a stranger,a friend of "the young fellow called John" in .the Autocrat of theBreakfast Table) who said this. But he knew his own daring, andbegged permission first. And except Dr. Crothers, there is. nobodyhere of whom I may fairly beg permission to comment on Dr.1: Delivered on the occasion of the Oliver W endell Holmes Centenary in theLeon Mandel Assembly Hall, August 16, I gog.16HOLMES AS A HUMORISTHolmes, and Dr. Crothers is not really a Bostonian; he lives inCambridge, which is wholly separated from Boston by pragmatismand the Charles River.Local or not, however, the humor of Dr. Holmes, expressedboth in prose and poetry, had in its day a very wide circulation,nor is it wholly out of fashion now. Indeed, as one reviews it,whether in those surprisingly vivacious volumes The Autocrat andThe Professor at the Breakfast Table) or in the novels, the medi­cated novels as Dr. Holmes himself liked to call them, one catchesparticularly the modernity of the note. The poetry is often quaint;the wit is. as fresh as ever. Wit, in general, it is; not humor in thebroader sense. It flashes, it does not glow. But then it is never,or very seldom, malicious. In his younger days, reacting againstthe spirit of his bringing up, Dr. Holmes could not abide whatmight be called religiosity, dogmatism; "moral bullying" he calls itand slashes about him vigorously to repel it, describing the "whey­faced brother," "whose yellowish linen flowers but once a week,"who having "dodged some vices in a shabby way," is free "to stickus with his cut-throat terms, and bait his homilies with his brotherworms!" and homeopathy too, which he hated, he stabbed asviciously as his knowledge of the anatomy of fallacies taught himhow. But aside from these idiosyncrasies, he was the gentlest ofmen, and the friendliest; he even saw good in Yale, perhaps _ thefinal test of the humanity and tolerance of a Harvard A.B.This wit of his may best be observed, without question, in thebreakfast-table volumes--The Autocrat) The Professor) and ThePoet. The first, appearing in the Atlantic Monthly in the late '50's,is the best known; the Professor is more discursive, more didacticeven, less concentrated; the Poet, which William Dean Howellshoped so much, from when he took over the editorship of the Atlan­tic) was a failure. It would be commonplace to say that it containsmuch good; but his public does not greatly misjudge the writingsof a popular author; and the broken back of the Autocrat) thesoiled top of the Professor, and the untouched shining covers anduncut leaves of the Poet) as the volumes stand together on the shelfof the English library, tell the true story. But if Holmes put thebest of himself into the earlier volumes, so much the better forthem. Their whimsical, practical philosophy nothing stales orproves mistaken; the Autocrat is still the autocrat.The form his humor takes is chiefly the elaborately figurative.i8 THE UNIVERSITY OF CHICAGO MAGAZINE"There is no power I envy so much," says the divinity student tothe Autocrat, "as that of seeing analogies and making comparisons .. . . . It appears to me a sort of miraculous gift."No wonder that tile Autocrat writes complacently of the divinitystudent, "He is a rather nice young man, and has an appreciation ofthe higher mental qualities remarkable for one of his years andtraining." For precisely this power of "seeing analogies and mak­ing comparisons" is Dr. Holmes's forte. It was a New Englandattribute; Lowell has it, and much of the Autocrat might have beenwritten by Lowell, just as Dr. Holmes, if he had been a man ofstronger feelings, might have been the author of some of the BiglowPapers. But Holmes shows it more effectively perhaps than anyof the others. "Sin has many tools, but a lie is the handle that fitsthem all." "Unpretending mediocrity is good, and genius is glori­ous; hut a weak flavor of genius in an essentially common personis detestable. It spoils the grand neutrality of a commonplacecharacter, as the rinsings of an unwashed wineglass spoil a draughtof water." "If you ever saw a crow with a kingbird after him, youwill get an image of a dull speaker and a lively listener. The crowflaps heavily along his straightforward course, while the other� sailsround him, over him, under him, leaves him, comes back again,tweaks out a black feather, shoots away once more, never losingsight of him, and finally reaches the crow's perch at 'the same timethe crow does, having cut a perfect labyrinth of loops and knotsand spirals while the slow fowl was. painfully working from one­end of his straight line to the other." "Writing or printing is likeshooting with a rifle; you may hit your reader's mind or miss it;but talking is like playing at a mark with the pipe of an 'engine; if itis within reach, and you have time enough, you can't help hittingit." "Our landlady is a decent body, poor and a widow of course;that goes without saying. She told me her story once; "it was asif a grain of corn that had been ground and bolted had tried toindividualize itself by a special narrative." The Autocrat criticizesa young man's poetry; he writes, "You may possibly think me toocandid; but let me assure you I am not half so plain-spoken asNature, nor half so rude as Time. If you prefer the long joltingof public opinion to the gentle touch of friendship, try it like aman. Only remember this=-that if a bushel of.,potatoes is shakenin a market cart without springs to it, the small potatoes alwaysget to the bottom."HOLMES AS A HUMORIST 19Illustration, however copious, scarcely avails to make theabundance 'Of this sort of homely figure clear. Page after page asone turns them over show the same device. The formula is simplethough not easy to follow. Make an observation, whether of factor inference; and transpose it into the key of figurative speech.The value of the result will depend partly on the aptness andcharm of the figure, which with Dr. Holmes is practically never­failing, and partly, but perhaps less truly, on the novelty and powerof the idea itself. Dr. Holmes's ideas are not as. a rule profound;they may even embody the commonplace; but the transpositionfreshens and saves them. Their colloquiality is as obvious, how­ever, as their effectiveness. Even Holmes, most elegant of ourwriters, made no fetish of elegance; there his Americanism showeditself. Democracy demands power, is careless of form. Holmesand Lowell on the one hand, Josh Billings and Mark Twain onthe other, are far apart, but they clasp hands in their impatiencewith the refinements of formality. A Frenchman must shrug hisshoulders at their work, and an Englishman smile courteouslywhen given) the signal. But in this country we see the truth andfeel the humor, and must be satisfied to' forego daintier considera­tions. After all, in the A uiocrai, the colloquiality is no more thanis justified by the form. Holmes was a talker always, not a writer;even his best poems are only rhymed after-dinner speeches; hewas so notable a conversational fireman that nobody would haveliked to see him abandon the hose for the rifle. He enjoyed,literally for generations, the reputation of being the best talker inBoston-enjoyed, we are told, is the right word; even set him­self to maintain it. He never saved his good things for print; hekept, as he says, his "thought-sprinklers" always open and playingalong the dusty highways of society. The Autocrat and the othersare merely autostenography.But of course not all of Holmes's humor consists in the presen­tation and elaboration of figures. He gives us often that suddenunexpected juxtaposition of the sublime and the ridiculous, thehumor of which is so satisfactorily proved to most of us when wesee a fat man in a tall hat slip on a banana peel. "Think," saysDr. Holmes, "think of human passions as compared with all phrases!Did you ever hear of a man's growing lean by the reading ofRomeo and ] uliei, or blowing his brains out because Desdemonawas maligned? There are a good many symbols, even, that are20 THE UNIVERSITY OF CHICAGO MAGAZINEmore expressive than words. I remember a young wife who hadto part with her husband for a time. She did not write a mourn­ful poem, indeed she was a silent person, and perhaps hardly saida word about it; but she quietly turned of a deep orange colorwith jaundice." Here we see Dr. Holmes the philosopher, Dr.Holmes the humorist, and Dr. Holmes the physician 'united-asindeed they constantly were. I was told by a doctor of the oldergeneration, in Boston last year, that the famous Holmes lectureson anatomy were certainly not on the anatomy of melancholy.He might have excused his pun by citations from the lectures.For Holmes himself was a punster. Solemnly he condemns puns-"people who make them are like boys who put coppers on therailroad tracks; they may amuse themselves and other children,but their little trick may upset a train of conversation for the sakeof a battered witticism." He quotes Macaulay against them-�ndthen asks. if he hears a whisper about the Macaulay-flowers ofliterature. But his puns are like his analogies-calculated, car�fu1.He is a conjurer, a sleight-of-hand man; his touch is marvelouslylight, but it is studied-there is something professional about it.We sit before him, in the darkened house, and watch breathlesswhile he produces the unexpected rabbit of philosophy from thehat of levity, or draws out his elaborate chain of paper flowers ofrhetoric from the nose of the surprised divinity student or "youngfellow whom they call John."And yet I wonder if I have not let my own figure carry metoo far. For if the analogy were quite accurate, when we corneout into the day-lighted streets again we ought to have no memoryof the Autocrat's words save of cleverness; and that is not thecase. Occasionally it is less the cleverness than the truth thatstrikes. It is the cleverness, of course, in this. description of theAutocrat's landlady's daughter-" (Aet. 19+. Tender-eyed blonde.Long ringlets. Cameo-pin. Gold pencil-case on a chain. Locket.Bracelet. Album. Autograph-book Accordeon. Reads Byron,Tupper, and Sylvanus Cobb while her mother makes the pudding.Says 'Yes?' when you tell her anything.')" But in the well-knownpicture of the flat stone turned over, although the humor is justas careful, the cleverness is lost sight of in the truth, "What anodd revelation," he says, "and what dismay .... among the com­munity revealed, when you turn the old stone over ..... Hideous,crawling creatures; black glossy crickets, filaments sticking out;HOLMES AS A HUMORIST 21motionless, slug-like creatures, horrible in their pulpy stillness .. . . . They rush round wildly, those who can, and end in a gen­eral stampede. Next year you will find the grass tall and greenwhere the stone lay; the groundbird building her nest where thebeetle had his hole. The stone is ancient error. . . . . You neednever think you can turn over any old falsehood without a terriblesquirming and scattering of the horrid little population that dwellsunder it." The figure is commonplace now of course; but whathas made it commonplace is just its truth.I have confined myself so far to the humor of Dr. Holmes asit showed itself in his prose. But even a wider field of study per­haps may be found in his poetry. There are broad effects, forinstance-such as The Height of the Ridiculous) wherein. the poettells of his most comical effort. He showed it to his servant,"and saw him peep within;At the first line he read, his faceWas all upon <the grin.He read the next; the grin grew broad,And shot from ear to ear;He read the third; a chuckling noiseI now began to hear.The fourth; he broke into a roar.The fifth; his waistband split,The sixth; he burst five buttons offAnd tumbled in a fit.Ten days and nights, with sleepless eye,I watched that wretched man,And since I never dare to write as funny as I can."This is the humor of exaggeration, of which Mark Twain usedto be fond, the humor of "tall stories." It is often called "Ameri­can;" if it is typically American, then so are Rabelais and Falstaff.Holmes indulges in burlesque, too. In the guise of a tailor, hewrites, "Day hath put on his jacket, and around His burningbosom buttoned it with stars"-which is equally figurative andburlesquing. These are broader effects, as I say, than his prose;the reason is that they were produced earlier. They are frompoems of Holmes's youth; The Autocrat and t�e novels are thematurer product of his middle and even his old age. But his poetryhas the sparkle of wit too-The Last Leaf is a famous illustration,The One-Hoss Shay still more renowned. Mr. Barrett Wendellhas pointed out the profound symbolism of the latter-how it re-22 THE UNIVERSITY OF CHICAGO MAGAZINEduces to absurdity, the logic of Calvinism. A very slightly lessfamiliar example of Dr. Holmes's merry philosophy may be Con-tentment:Little I ask-my wants are fewI only wish a hut of stone(A very plain brown stone will do)That I may call my own:-I care not much for gold or land;-Give me a mortgage here and there,Some good bank-stock, some note-of-hand,Or trifling railroad share;-I only ask that Fortune sendA little more than I can spend.The tone of this is singularly reminiscent of an English poet con­temporary with Dr. Holmes-I mean Thomas Hood, the authorof the Song of the Shirt. In both Hood and Holmes one findsthe gentle cynicism, the whimsical detachment from life, which ex­presses itself in the mild paradox and the trivial pun. The two menare alike moreover in rising occasionally out of humor into higherair-as Hood in One More Unfortunate} and Holmes in Old Iron­sides. But the cause of their likeness, or whether the one was inany way indebted to the other, is not for me to discuss.,In one kingdom of humorous verse Holmes may be said toreign supreme-occasional poetry. Harvard, of which he wasbeyond comparison the poet, inspired most of these verses, by oneor another of her anniversaries, Holmes's interest in Harvardnever flagged; what is more curious, when one considers the fickle­ness of humanity, neither did Harvard's interest in Holmes. Hewrites in 1857I've passed my zenith long ago, it's time for me to set,A dozen planets wait to shine, and I am lingering yet,but thirty years later we find him still in the same demand foralumni meetings. Of college he writesA kind of harbor it seems to be,Facing the flow of a boundless sea,Rows of gray old Tutors standRanged like rocks along the sand;A pleasant place f�r boys to pljay­Better keep your girls away,For hearts get rolled as pebbles doWhich countless fingering waves pursue.HOLMES AS A HUMORIST 23And again he commentsThe wisest was a Freshman once, just free from bar and bolt,As noisy as a kettledrum, as leggy as a colt; .....The law of merit and of age is not the rule of three;It follows not B.A. must prove as busy as A.B.So kindly a view of the undergraduate as this, so far fromthe present attitude toward the collegian, one can readily under­stand would popularize itself with the successive generations! Butit is a view not in the least at variance with the writer's wholehumor. Tolerance, friendliness, sprightliness-those are itsqualities.Dr. Holmes himself declares that "it is dangerous for a liter­ary man to indulge his love for the ridiculous. People laugh withhim just so long as he amuses them; but if he attempts to beserious they must still have their laugh and so they laugh at him."In a way, Holmes, as one may see by this, took himself seriously.He was more interested in his own theories than in the wit withwhich he enlivened them. But posterity hardly shares his view.The theones are not of vital importance; they are the kindly andgenerous reflections of a clever man of the world, but of a smallworld; his ideas float one delightfully across the pond on BostonCommon, but they are a trifle frail for long voyages, particularlyin the howling gale of nineteenth-century controversy, and mighthave sunk some time ago if the wit had not buoyed them.THE ORIENTAL EDUCATIONALCOMMISSIONTHE matter of sending a commission to the Orient to studyeducational conditions, especially in China, was under consid­eration at the University as long ago as 1903. It was not, however,till April, 1908, that the Board of Trustees took definite action onthe matter by the appointment of Professor Ernest D. Burton, Headof the Department of Biblical and Patristic Greek, to be a memberof such commission. The staff of the Commission was subse­quently completed by the appointment of Professor Thomas C.Chamberlin, Head of the Department of Geology, to be co-commis­sioner with Mr. Burton, and of Dr. Horace G. Reed and Dr. RollinT. Chamberlin to be secretaries to the commission.Mr. Burton, having completed such preliminary investigationsas time and the pressure of .... other duties permitted, left ChicagoJuly IS, I908, and arrived in England July 27. A month was spentin Great Britain, chiefly consulting persons familiar with the Eastand able to give information, advice, or letters of introduction.Valuable interviews were had with Lord Curzon, former Viceroy ofIndia; Sir Robert Hart, for forty years Inspector General 'Of ChineseCustoms; Sir Arthur Godley, Under-Secretary 'Of State for India,and others. The interview with Lord Curzon was particularlyprofitable in its results, inasmuch as he kindly offered to furnishletters of introduction to influential men in India and in particularto write to Mr. Henry W. Orange, Director-General of Educationfor India, requesting him to furnish Mr. Burton letters of introduc­tion to men of significance in the educational work of India andotherwise to further the accomplishment of the task with which hewas charged. Conference was also had in England, at their request,with members of a committee representing the Universities ofOxford and Cambridge and interested in the establishment of aUniversity in China to be in some way connected with these Englishuniversities.Leaving England August 28, Mr. Burton arrived in Constanti­nople September 14. A short stop was made at Smyrna, and Beirut24fHE ORIENTAL EDUCATIONAL COMMISSIONwas reached on the twenty-second of September. The special objectof going to Beirut was to study the Syrian Protestant College, butthe stop there afforded opportunity also for inquiries concerningother mission and government schools. A week in Egypt, dividedbetween Cairo and Assiut, sufficed to give some idea of the educa­tional work being carried on in Lower Egypt by the United Presby­terian Board of Missions and of the new education recently inaugu­rated by the government of Egypt under a British adviser.The ship for India sailed from Port Said October 9' and reachedBombay October 16. The purpose of the visit to India was not tomake a thorough investigation of its educational conditions, forwhich the time at disposal was far too short, but to gather, chieflyby conversation with men of experience in that country, what lightIndia's recent educational history throws upon the problems of theFarther East, in particular upon the question whether an occidentalpeople can take part advantageously in the education of an orientalpeople. From this point of view the visit to India, though exceed­ingly brief, was full of interest and very rewarding. The journeythrough India covered about 6,000 miles. The principal pointsvisited were Bombay, Ahmednagar, Lahore, Simla, Delhi, Agra,Calcutta, Serampore, Madras, Madura, Bangalore, Ongole, andRangoon. A brief visit was also made to Colombo. '.Leaving Rangoon December 4, the party touched at Penang,remained several days in Singapore, and arrived -in Hongkong'December 17.From Hongkong it had been intended to visit Manila, butthe demands of the situation in Southern China made it necessaryto omit this part of the plan. A month was spent in Hongkongand Canton in an endeavor to gain an understanding of the newand complicated situation there presented.Shanghai was headquarters until February 14. The time wasspent mainly in consultation with the many persons in Shanghaiwho were able to give information concerning the whole situationin China, secondarily in the study of Shanghai itself. Valuable as­sistance was gained at this point through consultation with Pro­fessor John Fryer, Educational Commissioner to China from theUniversity of' California, Professor Fryer came to China as ayoung man half a century ago and was engaged in educationalwork there until his removal to California about thirteen yearsago. Possessing a thorough knowledge of the Chinese languageTHE UNIVERSITY OF CHICAGO MAGAZINEand an extensive knowledge of China and having recently spentsome weeks in visiting educational institutions in China, he waspossessed of valuable information, which he freely imparted,Mr. Chamberlin and his son arrived in Shanghai February 2,and the work here was largely joint work. Mr. Chamberlin wasaccompanied by Mr. Y. T. Wang, a student of the University ofChicago, who came in the double capacity of student of geologyunder Mr. Chamberlin's direction and Chinese secretary to theCommission. The American Consul-General, Mr. Charles Denby,having introduced the members of the Commission to H. E. TuanFang, the Viceroy of the three provinces Kiangsu, An-hwei, andKiangsi, the latter at once invited them to visit him at his residencein Nanking and to be his guests in his yamen,In the middle of February Mr. Chamberlin and his son wentsouth to visit the coast and the country about Canton, while Mr.Burton went north to Peking. The particular purpose of the visitto Peking at this time was to ascertain if possible the attitude ofthe officials of the Imperial Government toward American activityin education in China and to forestall the possibility that the officialsof the Imperial Government, learning from others of the investiga­tions of the Commission, might gain a false impression of their pur­pose. The result of the visit to Peking was, in the main, satis­factory.At Hankow, Wednesday, March 3, Mr. Burton coming from thenorth and Mr. Chamberlin from Shanghai met again. Two dayswere spent in visiting the three cities of Hankow, Wuchang, andHanyang with reference to the educational work done by the gov­ernment and by the Christian missions and to the suitableness ofthis place as a location for a school conducted by Americans.Leaving Hankow by Japanese steamer the evening of March 5the Commission arrived at Ichang Thursday the eleventh, FromIchang to Wan Hsien the journey through the rapids and gorges ofthe Yangtsze was made in a houseboat. The entire party, includingcook and other servants, captain, oarsmen, trackers, and governmentlife-boat men, numbered fifty-two. This trip usually occupies fromten to fourteen days, but thanks to good wind and the skill of theconductor of the party, Rev. Joseph Beech, of Chengtu, it was madeon this occasion in exactly seven days. From Wan Hsien to Chengtuthe party traveled overland by the old stone road partly. by sedanchairs, but mostly on foot, staying at night in Chinese inns, TEeTHE ORIENTAL EDUCATIONAL COMMISSIONwhole train numbered 71 persons: 30 coolies for the sedan chairs,25 for baggage, 2 overseers, 3 soldiers, 5 personal servants, andthe Chicago party of six. The journey occupied fifteen days�including a Sunday's rest at Shun-King, where the whole party werethe guests of Mr. Evans of the China Inland Mission.No part of the year's experience was more interesting or moreinstructive than the three weeks occupied in the journey fromIchang to Chengtu, the overland portion of this journey being par­ticularly instructive both from the scientific and the humanisticpoints of view. In Chengtu interviews were had with the Viceroy.the Provincial Director of Education, the Provincial Treasurer, andthe Manager of the Foreign Office. Visits were made to many ofthe institutions of government education, which has made remark ...able progress in this province. Mr. Burton and Mr. Reed re­mained in Chengtu from April 3 to April 14. Mr. Chamberlin andhis son occupied a portion of this time in a trip across the Chengtuplain to Kuan Hsien, where the waters of the Min River, emergingfrom the mountains, are diverted to form a remarkable system ofirrigation, watering perhaps 2,500 square miles: said to have beenestablished about 200 B. c. and maintained effectively ever since.Beyond Kuan Hsien they entered the border of the Szechuan Alps,which are essentially continuous westward till they merge into theTibetan plateau. The party, however, penetrated the mountainsonly sufficiently to gain an impression of their general character­twenty-five or thirty miles.Wednesday morning, April 14, the return journey to Ichangwas undertaken. In consequence of low water in the river it wasnecessary to travel by sedan chair to Kiang Kou, which was reachedat noon the next day. At this ,point the whole party of five-Mr.Beech having been left behind at Chengtu-embarked on a house­boat and began the voyage down the river. The trip from Chengtuto Ichang occupied seventeen days,Four days were spent in Hankow in further study of the situa­tion there. Mr. Burton returned up the river and southward tovisit Changsha, which is the capital of the province of Hunan, thesite of some notable government education, and of especial interestto Americans as the location of the Yale Mission. On his returnto Hankow he took boat for Nanking and Shanghai, which wasreached the evening of May 16.Sunday, May 30, a German coast steamer was taken for Tsing-THE UNIVERSITY OF CHICAGO MAGAZINEtao, Chefoo, and Tien Tsin. On the evening of June 3 Peking wasreached,In the meantime, on May 10, Mr. Chamberlin, his son, and Mr.Wang, left Hafikow to work north by slow stages, using the slowway-train which ran only by day and thus afforded opportunitiesfor continuous daylight observations. Side trips were made toHonan Fu and Tai Yuan Fu, the latter point being the location ofthe Shansi Imperial University.Peking was reached May 19. After four days at Peking, a tripwas made to Kalgan, on the borders of the Mongolian plateau, tostudy another phase of the climatic and physiographic problems ofNorth China. In the course of this journey two dust storms gavetangible illustration of what the country suffers from that cause.Peking was again reached May 26, where the party remained untilJune 5, Mr. Burton and Mr. Reed arriving June 3, as previouslystated.June 5, Mr. Chamberlin and his son started for Mukden, stop­ping at Shanhaikwan and giving especial attention to the climaticand physiographic conditions of the foreland along the Liao-tungGulf as a site for summer and perhaps for perennial work. In thistract the dusty area of North China gives place to the turfed areaof Manchuria. Two days were spent at Mukden, and two on theJapanese and Russian railways in Manchuria. The Chinese borderwas crossed June 10 and Moscow reached June 18.The following two months were given-on private account-totravel in Europe. Chicago was reached August 26.While Mr. Chamberlin and his son were making this journey,Mr. Burton and Mr. Reed, leaving Peking June 7, reached Mukdenthe following evening. From Mukden, June 10, a party of elevenAmericans chartered a special ro-foot car for the two days' journeyover the narrow-gauge road acro�s South Manchuria to Antung-200 miles. Pyeng Yang, one of the most important centers of mis­sionary work in Korea, was reached the afternoon of June 12.Three days were spent at this point and three days at Seoul, capitalof Korea, where interviews were had with leading governmentofficials and educators.Leaving Seoul Saturday, June 19, Mr. Burton and Mr. Reedarrived at Fusan the same .day and at Shimonoseki, Japan, thefollowing day. At Kyoto, which was reached June 25, four dayswere spent, partly in visiting the Doshisha, one of the oldest and-,THE ORIENTAL EDUCATIONAL COMMISSIONmost important of the Christian schools of the country. Time wasalso found for a brief visit ,to the Imperial University and Tech­nological School of the government; for a conference with BaronKikuchi, formerly president of the Imperial University in Tokyo,afterward Minister of Education, and now president of the ImperialUniversity in Kyoto; also for a visit to the so-called BuddhistUniversity.It was found necessary to pass over points lying between Kyotoand Yokohama and to push through to the latter city, which wasreached June 29.Tokyo, which was reached Monday, July 5, was made headquar­ters for most of the rest of the stay in Japan. Tokyo is not only thecapital of Japan, but by all means the most important center ofeducation in the country. Here are located not only the ImperialUniversity and numerous other government schools, but the twoleading private universities, the Waseda and the Keiogijiku, theNippon Woman's University, five Christian schools for boys repre­senting an equal number of missionary bodies, several importantgirls' schools, and many other schools of various kinds. Importantinterviews were had here with leading representatives of the J apa­nese government and prominent educators, and a study made ofthe remarkable educational work of the Japanese government.Wednesday, July 28, Tokyo was left behind, and Thursday, July29, the party sailed from Yokohama on the Pacific mail steamer"Siberia." A very interesting day was spent at Honolulu in lookinginto the educational institutions of the territory of Hawaii. Theship reached San Francisco, Saturday morning, August IS, thirteenmonths from the day of departure from Chicago. Chicago wasreached August 24.THE UNIVERSITY RECORDEXERCISES CONNECTED WITH THESEVENTY-SECOND CONVOCATIONJudge Emlin McClain, LL.D., ofthe Supreme Court of the State ofIowa, was the Convocation oratoron .September 3, 1909, his address,which was given in the Leon MandelAssembly Hall, being entitled "OurCommon Humanity and the CommonLaw." The address appears els'e­where in full in this issue of theMagazine.The Convocation Reception washeld in Hutchinson Hall on the even­ing of September 2. In the receivingline were President and Mrs. HarryPratt Judson; the Convocation ora­tor, Judge Emlin McClain, and Mrs.McClain; and the Convocation chap­lain, the Rev. Professor CorneliusW oelfkin, D.D., of Rochester Theo­logical Seminary.DEGREES CONFERRED AT THESEVENTY-SECOND CO�-VOCATION "At the Seve:nty-s,econd Convoca­tion of the University, held in Hutch­inson Hall on September 3, 1909, sixstudents were elected to membershipin the Beta of Illinois chapter of PhiBeta Kappa f or especial distinctionin general scholarship In the Uni-versity. .'Fifteen students received the titleof Associate; two, the two years'certificate of the College of Educa­tion; four, the degree of Bachelorof Education; twenty, the degree ofBachelor of Arts; fifty-two, thedegree of Bachelor of Philosophy :and forty-one, the degree of Bache­lor of Science.In the Divinity School nine stu­dents received the degree of Bachelorof Divinity; two," the degree ofMaster 0 f Philosophy; f our, thedegree of Master of Arts; and three,the degree of Doctor of Philosophy.In the Law School one studentreceived the degree of Bachelor ofLaws; 'and four stu dents, -the degreeof Doctor of Law (J.D.).In the Graduate Schools of Arts, Literature, and Science, eight stu­dents were given the degree ofMaster of Arts; twel ve, that ofMaster of Philosophy; thirteen, that'of Master of Science; and twenty­one, that of Doctor of Philosophy­making a total of 194 degrees (nortincluding titles and certificates) con­Ierred by the University at theAutumn Convocation.VISIT TO THE UNIVERSITY OF THEJ AP AN ESE COMMISSIONFrom September 24 to 27 inclu­sive Chicago was visited by theHonorary Commercial Commission­ers of Japan, who are now makinga tour of America. The party in­cluded about fifty representativeJapanese business and professionalmen, and was accompanied by r,ep­resentatives of the associated cham­bers of commerce of the Pacificcoast, and three special trade ex­perts appointed by the United Statesgovernment, Assistant Professor J.Paul Goode, of the Department ofGeography, being among the latter.During their stay in the city thecommissioners were the guests ofthe Chicago Association of Com­merce. An elaborate programme,arranged in advance, included tripsthrough the business sections of thecity, to many of the leading manu­facturing concerns, a view of thepark system, and visits to many ofthe educational and philanthropic in­stitutions of Chicago.Saturday afternoon, September 25,was given over to a visit to the Uni­versity of Chicago, although the in­stitution was closed for the regu­lar vacation. A tour was made ofthe campus and several buildingswere inspected, and later in theafternoon a reception was given byPresident and Mrs. Harry PrattT udson at the President's house.Members of the University who as­sisted in the entertainment of theguests were as follows: Messrs.Charles R. Henderson, T. C.Chamberlin, Ernest D. Burton, Alex­ander Smith, Charles R. Barnes,30THE JAPANESE COMMISSION IN HU1"'tHINSON COURT, SEPTEMBER 25, 1909Baron Shibusawa and the Baroness (heavily veiled) and Baron and Baroness Kandaoccupy the center of the picture. Members of the University and of the Chicago Association of Commerce are also included in the groupTHE UNIVERSITY RECORDFrank J. Miller, Toyokichi Iyenaga,David A. Robertson, Edgar J. Good­speed, J. Paul Goode, and NewmanMiner..The party was accompanied byrepresentativ,es of the Association,including President Edward M. Skin­ner, John W. Scott, chairman of thecommittee on entertainment, Freder­ick Greeley, and F. A. Ketchum.Among the members of the partywere Baron and Baroness Eiichi Shi­busawa Baron and Baroness NiabuKanda,' and former Governor DavidR. Francis, of Missouri, who repre­sented St. Louis and Kamas City.THE GENERAL FACULTY DINNERIn Hutchinson Hall on Saturdayevening, October 2, was held theGeneral Faculty dinner, at whichmore than one hundred and fiftymembers of the University werepresent. President Harry Pratt Jud­son presided, and introduced.. thefollowing new members of the Fac­ulties: Professor William A. Nitze,from the University of California,Head 6£ the Department of RomanceLanguages and Literatures : Pro­fessor Charles H. Judd, from YaleUniversity, Director of the Schoolof Education and Head of the newDepartment of Education; Mr. Ros­coe Pound, from the NorthwesternUniversity Law School, Professorof Equity and Evidence in the LawSchool; Mr. Wa:lter F. Dearborn,from the University of Wisconsin,Associate Professor of Education;Mr. Samuel C. Parker, from MiamiUniversity, Associate Professor ofEducation; Mr. Walter. Sargent,from the city of Boston, Professorof Manual Training and Art in Re­lation to Education; Mr. Earl E.Sperry, from Syracuse University,Assistant Professor of History; andDr. Frank N. Freeman, from YaleUniversity, Instructor in EducationalPsychology.There were also introduced by thePresident Mr. Curtis H. Walkerfrom Yale University, Instructor inHistory; Mr. Howard Woodhead,who received his Doctor's degreefrom the University in 1907, In­structor in Sociology; Mr. J ohn F.Bobbitt, Lecturer on the History of Education ; and Dr. Bird T. Baldwin,Lecturer Q1n Education.Professor Ernest D. Burton, Headof the Department of Biblical andPatristic Greek, and ProfessorThomas C. Chamberlin, Head of theDepartment of Geology, gave someof their impressions as members ofthe University's Oriental EducationalCommission, and Professor John M.Manly, Head of the Department ofEnglish, spoke briefly of his visit tothe University of Gottingen, where,in accordance with the arrangementbetween the Prussian governmentand the University of Chicago forthe exchange of professors, he gavea series of lectures on English liter­ature.A DISTINGUISHED HONOR FOR THEHEAD OF THE UNIVERSITYOn October 6 at the induction intooffice of Abbott Lawrence Lowell aspresident of Harvard University thehonorary degree of Doctor of Lawswas conferred on President HarryPratt Judson. Among others receiv­ing the same degree were PresidentNicholas Murray Buder, of Colum­bia University; President Ira Rem­sen, of Johns Hopkins University;President Jacob Gould Schurman, ofCornell University; and PresidentEdmund Janes James, of the Uni­versity of Illinois.As delegates from the Universityof ,Chicago on this occasion besidesPresident Judson were Mr. MartinA. Ryerson, President of the U ni­versity Board of Trustees, and Pro­fessor William Gardner Hale, Headof the Department of Latin, Pro­fessor Hale being a Harvard alum­nus. Mrs. Judson and Mrs. Halewere also present at the inauguralexercises in Cambridge, and Mr.Trevor Arnett, the University Au­ditor.The present honorary degree ofDoctor of Laws conferred by Har­vard on President Judson is thesixth he has received, the othersbeing given by Williams College inr893, Queen's Un iversity, Ontario,in 1903, the State University ofIowa in 1907, Washington Univer­sity, St. Louis, in 1907, and WesternReserve University in 1909.THE UNIVERSITY OF CHICAGO MAGAZINETHE NEW "ANNUAL REGISTER"The new Annual Register (July,1908- July, 1909) , with announce­ments for the year 1909-10, wasissued from the University of Chi­cago Press in September. The vol­ume, of about 680 pages, shows many'changes, as compared with the Re­gister of 1907-8, chief among whichare the new University statute con­cerning the organization and powersof the University Ruling Bodies, themembership and rearrangement ofthe various administrative boards,the revised form of the matter re­garding advanced standing, the in­clusion of the new Department ofEducation, and the new announce­ment of courses in Religious Edu­cation. In the summaries ofattendance found at the close of theReqisier the total number of differ­ent students for the year 1908� isgiven as 5,659-a gain over the at­tendance of 1907-8 of 550 students;and the attendance in the GraduateSchools of Arts, Literature, and Sci­ence increased from 1,226 in the yearI907-8 to 1,416 in the year 1908--9.A NEW MEMBER OF THE UNIVER­SITY BOARD OF TRUSTfESAt the annual meeting of the Uni­versity Board of Trustees held inJune, Mr. J. Spencer Dickerson waselected a trustee M the University tosucceed Mr. Edward Goodman, whodeclined a re-election on account oflong continued illness. Mr. Good­man has been a trustee since thefounding of the University and wasthe oldest member of the board. Hewas also one of the founders of theDivinity School and has been a mem­ber of its board for forty-six years,and was for most of that time itstreasurer.Mr. Dickerson was for many yearsassociated with Mr. Goodman in thepublication of The Standard. Sincethe 'retirement of the latter, Mr.Dickerson has been at the head ofthe management of the paper. Hehas been connected with The Stand­ard for thirty years and its managingeditor since· 1895. Mr. Dickerson isa director of the Municipal ArtLeague, a member of the executive committee of the Religious Educa­tion Association, and a member ofthe Union League Club. He is rec­ognized as one of the leading Bap­tists of the country and had a largepart in the formation of the N orth­ern Baptist Convention. The Boardcongratulates itself on his accessionto its membership.THE F ACUL TIES"Social Settlements" is the subjectof a contribution in the Septemberissue of S cribner' s Magazine, by Pro­fessor J. Laurence Laughlin, Headof the Department of Political Econ­omy.The honorary degree of Doctor ofScience was conferred on ProfessorEliakim H. Moore, Head of the De­partment of Mathematics, at theCommencement of Yale Universityon June 30.Associate Professor Leon C.MarshalI, of the Department of Po­litical Economy, discusses in theJuly issue of the Journal of PoliticalEconomy the subj ect of the "Com­modities Clause" in the Hepburn Act.Professor Georsre E. VincentDean of the Faculties of Arts, Liter�ature, and Science, gave an addresson October 9 before the Cook CountyTeachers' Association on the meth­ods and effects of mechanical teach­ing.Professor James H. Breasted, ofthe Department of Semitics, gave anaddress, August 27, at Chautauqua,N. Y., on the subj ect of "ModernEgypt," and on August 28 an illus­trated lecture on "The Explorationsof an Archaeologist."On the occasion of the five-hun­dredth anniversary jubilee of theUniversity of Leipzig an honorarydegree of Doctor of Philosophy wasconf.erred by the University uponProfessor Albert A. Michelson, Headof the Department of Physics."'What Has the Church a Right toDemand in Theological Reconstruc­tion?" is the subj ect of a discussionin the July issue of the AmericanJ ournal ot Theoloqy, by AssociateProfessor Allan Hoben, of the De­partment of Practical Theology.THE UNIVERSITY RECORDAn illustrated contribution on thesubj ect of "Votes for Women," ap­peared in the July issue of theA merican Magazine, the author beingAssociate Professor William 1.Thomas, of the Department of Soci­ology and Anthropology. In theSeptember number of the same maga­zine Mr. Thomas has an article on"Woman and the Occupations.""A Reading Journey throughEgypt," is the subj = of a series. offully illustrated articles now beingpublished in the Chautauquan, theauthor being Professor James HenryBreasted, of the Department of Se­rnitics, Director of the Haskell Ori­ental Museum. The first contributionis entitled "The Story of the NileDwellers and Their Land;" the sec­ond, "Alexandria and Cairo."On May 28 in Paris ProfessorCharles R. Henderson, Head of theDepartment of Ecclesiastical Sociol­ogy, was notified by the Departmentof State at Washington of his ap­pointment as Commissioner of theUnited States on the InternationalPrison Commission. On July 12 theCommission met at Paris, and Pro­fessor Henderson was elected itspresident, to succeed Dr. S. J. Bar­rows.In the July issue of the Biblicalws-ta Assistant Professor Edgar J.Goodspeed, of the Department ofBiblical and Patristic Greek, has acontribution on "The Epistles to theThessalonians," and in the Septem­ber number Associate ProfessorClyde W. Votaw, of the Departmentof New Testament Literature and In­terpretation, discusses the subj ect of"Religion and Morality in the Sun­day School.""The Vindication of Sociology" isthe title of the opening article inthe July number of the AmericanJournal of Sociology, contributed byProfessor Albion Vv. Small, Head ofthe Department of Sociology andAnthropology. The opening contri­bution in the September number ofthe same journal, entitled "Stand­point for the Interpretation of Sav­age Society," is by Associate Pro­f essor 'William 1. Thomas, of thesame department. 33"The Fine and Industrial Arts inElementary Schools" is the subj ectof the opening contribution in theOctober issue of the ElementarySchool Teacher) by Professor WalterSargent, of the School of Education.Associate Professor Samuel C.Parker, of the same school con­tributes to this number an 'articleon "Our Inherited Practice in Ele­mentary Schools," and Associate�rofessor Otis W. Caldwell, Super­VIsor of Nature-Study in the Schoolof Education, has a contribution en­titled "Suggestions for Growth ofBulbous Plants in Schoolrooms andSchool Gardens."Professor Paul Shorey, Head ofthe Department of Greek, was thespeaker at the Alfred Tennyson Cen­tenary, held in the Leon MandelAssembly Hall on the afternoon ofAugust 6. President Harry PrattJudson presided at the exercises. Inthe evening of the same day a Ten­nyson Centenary concert was givenunder the' direction of Mr. LesterBartlett Jones, the soloist being MissMinnie Bergman, soprano. Amongthe Tennyson lyrics sung by themixed chorus were "Break, Break,Break," "Now Sleeps the CrimsonPetal," "Crossing the Bar," and thechoric song from "The Lotus Eat­ers."On August 2 in Asheville, N. c.,Miss Bertha Payne, an instructor inkindergarten training in the Schoolof Education, was married to theRev. William Allen Newell. MissPayne has been connected with thefaculty of the School of Educationsince 1901, and in 1907 received fromthe University the degree of Bachelorof Philosophy. For a number ofyears also she was a member of theeditorial board of the ElementarySchool Teacher. In her earlier workas a teacher she was associated withHull House, the Chicago FroebelAssociation, and the Chicago Insti­tute under Colonel Francis W.Parker.Charles Scribner's Sons announcefor publication in October a newvolume by Professor J. LaurenceLaughlin, Head of the Departmentof Political Economy. The volume,34 THE UNIVERSITY OF CHICAGO MAGAZINEentitled Latter Day Problems, is acollection of recent contributions oneconomic and financial subj ects, someof which have appeared in Scribner'sMagazine.' Among the chapter head­ings are the following: "PoliticalEconomy and Christianity," . "TheHope of Labor Unions," "LargeFortunes," "Socialism, a Philosophyof Failure," "The Valuation of Rail­ways," "Guaranty of Bank Deposits,"and "Government versus BankIssues.""Evolutionary Tendencies amongGymnosperms" is the subject of theopening contribution in the Augustissue of the Botanical Gazette, byProfessor John M. Coulter, Head ofthe Department of Botany. In thesame number is an article on "SomeHitherto Undescribed Plants fromOregon," by Assistant ProfessorJesse M. Greenman, of the Depart­ment of Botany. In the Septembernumber of the journal appears theone hundred and twenty-eighth con­tribution from the Hull BotanicalLaboratory, "The Behavior ofChromosomes in Oenothera Lata XO. Gigas," by Dr. Reginald R. Gates,of the Department of Botany. Thecontribution is illustrated by threeplates."The City of Servius and thePomerium" is the subj ect of a con­tribution in the October issue ofClassical Philology, by ProfessorElmer T. Merrill, of the Departmentof Latin. Professor Paul Shorey,the managing editor, discusses in anote "Aeschylus Fr. 207 and theSatyr Chorus," and Professor CarlD. Buck, Head of the Department ofSanskrit and Indo- Europea.n Com­parative Philology, has a note on"The Archaic Boeotian InscriptionAgain." In the 1 uly number of thesame journal Henry W. Prescott,Associate Professor of ClassicalPhilology, has a note entitled "Mar= .ginalia on the Hellenistic. Poets," andProfessor Paul Shorey suggests anemendation of Crates E pist. XIX.The opening contribution in theJuly-August number of the Journalof Geology,_ entitled "The Faunal ,¥-� ....lations of the Early Vertebrates, ISby Professor Samuel W. Williston, of the Department of Paleontology.In the September-October number ofthe same Journal is a contribu­tion of thirty-five pages on the sub­j ect of "The Gases in Rocks," byDr. Rollin T. Chamberlin, ResearchAssistant in Geology. The contribu­tion presents in brief form the re­sults discussed at greater length inPublication No. Io6 of the CarnegieInstitution of Washington. In boththe numbers mentioned above thereis also a series of paleographic mapsof North America, by Bailey Willis,Professorial Lecturer on Geology.Exercises in celebration of theone hundredth anniversary of thebirth of Oliver Wendell Holmeswere held in the Leon Mandel As­sembly Hall on the afternoon ofAugust r6, '1909, the speakers beingDr. J ames B. Herrick, of the facultyof Rush Medical College, who spokeon "Holmes as a Physician;" Assist­ant Professor James Weber Linn, ofthe Department of English, who con­.sidered Holmes as a humorist; andDr. Samuel McChord Crothers, ofCambridge, Mass., whose subject wasHolmes's place as a man of letters.Professor George E. Vincent, Deanof the Faculties of Arts, Literature,and Science,. presided art: the exer­cises. Mr. Linn's address appearselsewhere in full in this issue of theMagazine.Associate Professor Walter F.Dearborn. of the Department ofEducation, has the opening contri­bution in the September number ofthe Elementary School Teacher, en­titled "Qualitative Elimination fromSchoo1." The article is illustratedby nine charts. Professor Charles H.Judd, Director of the School of Edu­cation, contributes to the same num­ber an article on the subject of "ACourse in Form Study." In the neweditorial announcement the statementis made that the Elementary SchoolTeacher will participate in the en­largement of the School of Educationand that the school and its publica­tions aim· to serve two purposes: toshow how practical classroom workcan be organized, and to subj ect allmethods and results to careful sci­entific study.DISCUSSION AND COMMENTTHE ORGANIZATION OF THE NEWALUMNI COUNCILAfter a year' 5 consideration ofplans for uniting the various alumniinterests in the University of Chi­cago the representatives of the fouralumni associations on October 6adopted articles of agreement form­ing the new Alumni Council. Thisbody will supervise general alumniactivities and become .the centralbody that is to unite the workof the Divinity Alumni Association,the Association of Doctors of Phi­losophy, the Law School Association,and the College Alumni Association.Acting on the strength of the au­thority given them by resolutionspassed at the June meetings of theassociations the delegates decided ata preliminary meeting on September21 to enter into these articles ofagreement, and appointed a com­mittee to. draft suitable by-laws underwhich the work can be carried on.The meeting was presided over byBurt Brown Barker, '97, who drewup tentative plans for the Council,after consulting those used by alumniassociations all over the country.Present were Edgar ]. Goodspeed,d'97, of the Divinity Alumni Asso­ciation; Herbert E. Slaught, Ph.D.,'98, of the Association of Doctorsof Philosophy; Rudolph E. Schreiber,1'06, of the Law School Association,and Warren P. Behan, '94, andHarry A. Hansen, '09, of the CollegeAlumni Association. Dr. Behan waschosen temporary chairman and Dr.Goodspeed temporary secretary. Thecommittee on by-laws was composedof Mr. Slaught, Mr. Goodspeed, andMr. Schreiber.Permanent organization wasbrought about at a meeting at thehome of Mr. Goodspeed, 5706 Wood­lawn Avenue, on October 6. Thedelegates named above and JohnR. Cochran, 1'04, president of theLaw School Association, were pres­ent. Word also had been receivedfrom Henry L. Stetson, d '78, presi- dent of the Divinity Alumni Associa­tion, and Otis W. Caldwell, presidentof the Association of Doctors ofPhilosophy that they would givethe council plan their hearty support.For officers the Council chose War­ren P. Behan, chairman; Harry A.Hansen, secretary, and Rudolph E.Schreiber, treasurer.Provision having been made in theby-laws for the election of the chair­men of several committees, Dr. Be­han was made chairman of theBoard of Control. Mr. Hansenchairman of the Committee onAlumni Clubs; Dr. Goodspeed, chair­man Of the Committee on AlumniMeetings, and Dr. Slaught chairmanof the Finance Committee. The re­maining members of these committeeswill be appointed by the chairman ofthe Council, in consultation with thechairman of the committees.According to the articles of agree­ment the following duties are dele­gated to the Council:"To extend the knowledge of theUniversity of Chicago and its workin such ways as in its discretion shallseem best; to strengthen the ties be­tween the alumni and the University,as, for example, by the formation ofalumni clubs, and the publication ofa paper or magazine devoted to .theinterests of the alumni; to encouragethe organization of alumni associa­tions among the graduates of eachdistinctive department of the Uni­versity; to be the medium of com­munication between the Universityand the various alumni associationsand clubs; to' represent the alumnigenerally in matters in which all thegraduates of the University are con­cerned; to supervise the election ofthe alumni members to the Uni­versity congregation;' to be thecustodian of aJI _public records, cata­logues, etc., of the alumni; to' formu­late and supervise all plans forrepresentation of the alumni on theboards and governing bodies of theUniversity; to stimulate loyalty to35THE UNIVERSITY OF CHICAGO MAGAZINEthe University among the alumni,and to encourage them to establishendowment, scholarship, and otherfunds for the use of the University;to be the official depository andclearing house of all alumni newsand information; to have charge ofthe general meetings of the alumniand to plan alumni activities on allmemorial occasions; and to promoteand further such other measures aswill tend to stimulate the interest ofthe University in the alumni, and theinterest of the alumni in Universityand alumni activities."The Council will admit to its mem­bership other alumni organizationsas soon as they subscribe to its arti­cles of agreement. The Universitywill be represented on the Councilby Dean George E. Vincent.The work of the Council will bedone chiefly through its secretary,who will be known as the AlumniCouncil Secretary. By virtue of hisoffice he is made secretary of allstanding committees, and as allalumni information will be given outby him he becomes the spokesman ofthe Council. He will be an editorof the University Magazine. It isprovided in the by-laws that thesecretary must be a graduate of theCollege of Arts, Literature, and Sci­ence and must have spent at leasttwo years as an undergraduate inthe University of Chicago.The Council - will hold regularmonthly meetings, at which the sec­retary and the chairmen of all com­mittees will report on the businessdone during the month. It is theintention of the Council that the com­mittees shall have regular meetingsand shall transact their business sys­tematically in order to become effi­cient in the work assigned to them.Those who can realize the amountof work necessary to call into exist­ence an organization of this sort willbe able to comprehend the sincerityof the resolution of thanks that theCouncil extended to Burt BrownBarker, '97, at its first meeting. Mr.Barker has given his unselfish helpto the Council proj ect for over ayear. He brought the plan to theattention of each of the four associa­tions, explained its details to theirofficers, and worked untiringly to make it possible. He drafted ten­tative plans and placed the Coun­cil on a working basis. From thebeginning his faith in the success ofthe Council has made him its ardentchampion.UNIVERSITY ST A TISTICSA healthy growth in all, depart­ments of the University marked theopening of the Autumn Quarter, inspite of higher requirements for en­trance and for continued residence.Because of the new standards ofscholarship a falling off in under­graduate registration was expected,but this did not occur. Accordingto official figures 2,339 have regis­tered this quarter, an increase of I4over last year; the incoming classbeing composed of· 438 members, or32 more than last year's class. Thelarge increase of 3 I . in the GraduateSchools of Arts, Literature, and Sci­ence, was most gratifying to theUniversity. 'The total number of studentsregistered for the Summer Quarter,3,253. was the largest number everassembled for that term, and alsothe largest attending any summersession in the country. The 1908registration amounted to 3,050 atChicago, Columbia having 1,532,Harvard, 1,332, and Michigan, I,085.The totals for four quarters compiledby the Bulletin of the CarnegieFoundation for 1908 gave Chicago5,070 ; Michigan 4,282 ; Columbia4,087 and Harvard 4,012. A state­ment of registration in the ColumbiaUniversity Quarterly for September,1909, gives a total for the year of6,282 for that institution, or 4,750without the summer students.According to the official recordsthe University granted 5,II3 degreesup to the end of the 'University year,July I, 1909, o'f which number 537were given in 1909. This was fourless than were granted in 1908. It issignificant of the growth of thegraduate departments that degreeshave been given to 535 Doctors ofPhilosophy, 565 Masters, and 163Doctors of Law, while the DivinitySchool has graduated 27I bachelors.A total of 3,420 baccalaureate degreeshas been granted.DISCUSSION AND COMMENTThere are 198 names on the alumnimortuary records, of which aboutfifty belong to the old University ofChicago, making the actual list ofdeceased graduates extremely small.In an article on the growth of en­gineering departments Science ofJune 4, 1909, reported an increase of254 students for 190&-9 at thetwenty-five principal engineeringcolleges of the country, Cornell rank­ing First with 1,727; followed by Pur­due with 1,364; Michigan, 1,335 ;Massachusetts Institute of Tech­nology, 1,297, and the University ofIllinois, 1,059.A NEW "GO CHICAGO""Yale Boola" must go. As·amelody for "Go Chicago" it is nolonger to be sung on Marshall Field.One of the most significant incidentsof the Illinois-Chicago game onOctober 16 was the omission of thissong by Chicago rooters. Years ofprotest on the part of alumni failedmaterially to change the situation,and Chicago men sang "Go Chicago"to a borrowed melody until theyheard the same air used for the songof the University of Indiana onMarshall Field this fall.By virtue of its swinging melodyand adaptability "Yale Boola" is oneof the best college songs in America,but it belongs distinctively to Yale.The newer universities may be par­doned for adopting an older melodyat a time when they have no songsof their own, but after they producethousands of graduates entirely com­petent to write one good song theuse of borrowed melodies cannot beexcused, The University of Cali­fornia gave up "Yale )3001a'' a year 37ago. It is to be hoped that Chicagomay never again have to resort tothis air, < 'A movement for a genuine Chi­cago song has been begun by a Chi­cago clothing firm, which is makinggood- advertising for itself by offer­ing a suit of clothes to the writerof the new song. At Minnesotaand Columbia prizes of $100 will beawarded for songs. While the incen­tive of a prize may bring some resultthe true Chicago song must comefrom a higher inspiration. Theloyal alumnus who recalls his collegedays as the brightest days of hislife; the student who realizes thathere is his opportunity to produce awork which will move men for dec­ades to come-these must 'write thenew Chicago song.CLASS DIVISIONS"I entered in the fall of 1901 andtook my Bachelor's degree in August,1905. In the alumni catalogue I waslisted under the Class of 1906. Shouldnot this be 1905 ?"-Extract from aletter.The question of class divisions hasbeen raised several times by gradu­ates who received their degrees inthe Summer Quarter. Any graduatewho gets a degree at that time isclassified on the alumni records' asa member of the class of the yearfollowing. The reason for this di­vision is that the University yearruns from July I to July I, and itwas not thought -feasible to adopt adifferent plan for the alumni. Thusthe summer graduates of 1909 willfind themselves listed as members ofthe Class of 1910, no matter howactive they may have been in theClass of 1909.OBSERVATIONSUNDERGRADUATE LIFEI t was a gigantic task that CaptainHarlan Orville Page-s-he hates' tobe called "Pat" -fac-ed at the begin­ning of the football season. To stepinto the shoes of Eckersall andSteffen was no easy matter. Pagewas awake to the situation, too,and trained hard in order to bea worthy successor to the starswho had gone before. That he hasfilled this post with credit his Chi­cago admirers are the first to ac­claim. Between the efforts ofDirector Stagg and "Wallie" SteffenCaptain Page has been developedinto a marvelous quarterback.When asked, during the summer,what he thought of Chicago's pros­peds Captain Page would reply:"Pretty good, but we will missSteffen."The work began early. Mr. Staggreturned from his vacation, and saidthings were looking up. Page, afterpaddling 120 miles in a canoe, like­wise dropped his skeptical attitude,the exercise having made him feelequal to whipping an army.The confidence' germ spread to allthe men on the team, and remaineduntil a day before the Purdue game.Reports that Fred Speik's team wasthe best in years, caused fear toassume its 'customary position. Di­rector Stagg refused to admit it waspessimism but preferred to have itcalled "sober thought."In spite of this Purdue proved tobe so slow as to afford little test forthe Varsity, the score, 40 to 0, beingsufficient evidence. In the Indianagame, which Chicago won by 21 to0, Chicago found many weak points.Illinois went the way of the others,the score being 14 to 8. On thisoccasion, Page wisely saved histricks for future use, with the re­suIt that the contest seemed harderfor the Varsity. This close call didmuch to make the players realizethat only by hard, consistent work could they round out � the Chicagoseason with credit to themselves.The Minnesota game-2o to 6 infavor of the Gophers=-caused mourn­ing in the Maroon camp but failedto dampen the ardor of the players.The tie with Cornell-6 to 6-was,after all, only hal f a loaf.The make-up of this year's teamincludes, besides Page, seven veteransfrom last year: Worthwine, Crawley,Hoffman, Kelley, Rogers, Ehrhorn,and Badenoch. The men are playingharder than last year, chiefly for thereason that they are pushed by thenew men. For years there has notbeen the competition for places onthe team that exists this year. Thework of the new men has been credit­able; Sunderland, Young, and Kas­sulker at the ends, Gerend, Rade­macher, and Smith in the line andSauer, Menaul, and Davenport forthe backfield have appeared to goodadvantage.MELVIN J. ADAMS) '09ATHLETICSChicago opened its football seasonof 1909 with the unusual distinctionof having no star player to feature.For many s'easons the team as aw hole has been little more than abackground for the remarkable pic­turesque work of individual players,who dominated every contest bytheir skill and leadership. The dis­tinction did not last long, however,for Captain Page proved a player offirst-rate ability after one or twocontests, and soon developed suchstrength that he was early consideredone of the best quarterbacks in thewest.The admirers of the team hadbeen . told long before the seasonopened that this year's wouldbe the strongest all-round elevengathered in many years, yet the firstthree games did not bear out thisnewspaper gossip. Although Chi-38UNDERGRADUATE LIFEcago defeated Purdue 40 to 0, andIndiana 21 to 0, the results werehardly achieved without demonstrat­ing that Chicago had many weakspots to overcome, Little anxietyf or Chicago was felt in the firstgame, but many contended. that theelement of luck on fumbles had muchto do with Chicago's scoring againstIndiana. In the Illinois game onOctober 16 the teams were moreevenly me as ured, Chicago's inter­ference had improved, and muchwas gained by good tackling. Theforward pass, just as dangerous as itis spectacular, worked better thanbefore, and gained ground for bothsides. Captain Page's men are gradu­ally becoming more adept in thisform of play. The tackling of the'Illinois team was deadly, and ledto frequent halts in the game,Captain Page getting more than hisshare of attention,With Illinois out of. the contest forthe championship Chicago begantraining for its old rival, Minnesota,always a formidable opponent. TheMaroons worked far into dusk,until the brilliant arc lights threwthe field once more into light. Min­nesota proved the stronger team, butthe fight of the Maroons, crippledby the severe playing of the earliergame, will long be remembered.A game which aroused consider­able interest, but which only fewattended took place on the practicefield on October 20, when the play­ers of the famous team of 1905 de­feated the Varsity by a score of 16to ° in a field of mud under adrizzling rain. As not all membersof the championship team returnedfor the game, their places were takenby other alumni. In the line-up were"Bill" Hewitt, Ie; "Bubbles" Hill, 1 t;"Babe" Meigs, 1 g; Burt Gale, c :Clarence Russell, r g; Art Badenoch,r t; John Schommer, r e ; "Wallie"Steffen, q b; Ed Parry, 1 h b; DanBoone, f b, and Fried Walker, r h b.THE REYNOLDS CLUBReynolds Club activities opened onFriday, October 22, with an informal 39dancing party at which the Clubfloors were crowded with severalhundred couples. The annual Fresh­man smoker took place the nextevening and had the usual entertain­ing features of singing, wrestling,and the big pie-eating contest. .Therewill be another informal dance onNovember 19 and a smoker on De­cember 3. The alumni membershipis large.GENERAL NEWSThe sixteen fraternities of the Uni­versity pledged I22 Freshmen out ofa class in which there were onlyabout 225 men. Eleven memberswere secured by Kappa Sigma, butthe average was eight men each.The annual reception of the Y. M.C. A. and the Y. W. C. L. took placein Hutchinson Hall on Friday, Oc­tober IS. A reception to Universitystudents was also given at the HydePark Presbyterian Church on Friday,October 22.The Thomas Orchestra has planneda series of concerts at Mandel Hallfor the winter. It is believed thatthe support given them will be betterthan last year, as nearly goo seasontickets were sold several weeks be­fore the first concert on November 2.Victor J. West has been made headof Snell Hall, to succeed Arnold B.Hall, who has been appointed a mem­ber of the faculty of NorthwesternUniversity,Winston Henry and Edwin P.Hubble took examinations for theRhodes scholarship on October I9.Miss Mary Treudle took the exami­nation for the scholarship in Oxfordor Cambridge offered by the N a­tional Federation of Women's Clubsat the same time.This year's topic for the Varsitydebate will be "Resolued, That theexperience of the United States hasshown that a protective tariff shouldcontinue to be the national policy."Candidates registered before N ovem­ber 3 with Harold G. Moulton, sec­retary of Delta Sigma Rho.THE ASSOCIATION OF DOCTORS OFPHILOSOPHYHERBERT E. SLAUGHT, PH.D., '98, SecretaryNEW DOCTORSAt the Autumn Convocation, Sep­tember 3, 1909, the following candi­dates received the degree of Doctorof Philosophy:Ernest Anderson, S.B., Universityof Texas, 1903. I Ph.D. in Chemistryand Physics. Thesis: The A ction ofFehlinq's Solution on d-Galactose.Lilla Estelle Appleton, Ph.B., Ober­lin College, 1890; Ph.M., The Uni­versity of Chicago, 1903, S.M., ibid.,1904. Ph.D. in Education and Psy­chology. Thesis: A ComparativeStudy of the Play Activities ofAdult Savages and Civilized Chil­dren, with the Pedagogical Deduc­tions Therefrom.Francis Christian Becht, S.B., TheUniversity of Chicago, 1906. Ph.D. inPhysiology and Pathology. Thesis:The Concentration of H emoproniusand Related H adeis in the VariousBody Fluids of Normal and ImmuneAnimals.Peter A. Claassen, A.B., The Uni­versity of Kansas, 1896. Ph.D. inGerman and History. Thesis: DieSchicksalsidee in den Dramen Schil-:lers.Rebecca Corwin, Ph.B., The Uni­versity of Chicago, 1906. Ph.D inSemitic Languages and Literatures,and Comparative Religion, Thesis:The Verb and the Sentence in Chron­icles, Ezra, and N ehemiah-A Studyin Syntax.Aurelio Macedonio Espinosa, A.B.,The' University of Colorado, 1902;A.M., ibid., 1904. Ph.D. in Romance,Sanskrit, and Comparative Philology.Thesis: Studies' in New MexicanSpanish: Part I, Phonology (SeeReuue de Dialectoloqie Romane, Vol.I [1909], pp. I57-239).;Herbert Francis Evans, A.B., Le­land Stanford, Jr. University, 1902;D.B., University of Chicago, 1907.Ph.D. in Religious Education and Systematic Theology. Thesis: Re­ligious and Moral Education throughthe Periodical Press.John Cowper Granbery, A.B.,Randolph-Macon College, 18g6; D.B.,Vanderbilt University, 1899; A.M.,University of Chicago, 1908. Ph.D. inN ew Testament and Systematic The­ology. Thesis: The Conception ofChrist in First Peter as Related tothe Developing Christology of theEarly Church.J ames Richard Greer, S.B., TheUniversity of Chicago, 1906. Ph.D.in Physiology and Pathology. Thesis:The Concentration of Bacterial Ot­sohins and Related Bodies in theVarious Body Fluids of Normal andI mmune Animals.William Ross Ham, A.B., BatesCollege, 1901. Ph.D. in Physics andMathematics. Thesis: Polarizationof Roentgen Rays.William Weldon Hickman, A.B.,Monmouth College, 1906. Ph.D. inChemistry and Physics. Thesis: TheCatalysis of Imido-Esters.Samuel Kroesch, A.B., The Uni­versity of Missouri, 1901. Ph.D. inGerman and Romance. Thesis: TheSemasiological Development ofWords for "Perceioe, Understand,Think, Know" in the Older GermanDialects.Winford Lee Lewis, A.B., LelandStanford University, 1902. Ph.D. inChemistry and Bacteriology. Thesis:The Action of Fehling's Solution onMaltose.Walter Raleigh Myers, Ph.B.,Northwestern University, 1903. Ph.D.in German and History. Thesis:Gaps in the Action in the GermanDrama from Gottsched to Lessing.Douglas Clyde Macintosh, A.B.,McMaster University, 1903. Ph.D. inSystematic Theology and Philosophy.Thesis: The Reaction against M eta­physics in Theology.40THE ASSOCIATION OF DOCTORS OF PHILOSOPHY, 41John Strayer McIntosh, A.B.,Cornell College, 1899 ; A.M., ibid,1900. Ph.D. in Latin and Greek.Thesis: /� Study of Augustine's Ver­sion of Genesis.Peter Powell Peterson, S.B., Brig­ham Young University, 1905. Ph.D.in Chemistry and Physics. Thesis:Stereoisomerism of Chlorimidoket­ones.Charles Albert Proctor, A.B., Dart­mouth College, 1900. Ph.D. inPhysics and Mathematics. Thesis:Variation of elm with Velocity ofCathode Rays.Lemuel Charles Raiford, Ph.B.,Brown University, 1900. Ph.D. inChemistry and Bacteriology. Thesis:Chlorimido Quinones.Newland Farnsworth Smith, Ph.B.,Northwestern University, 1892. Ph.D ..in Physics and Mathematics. The­sis: The Effect of Tension onThermal and Electrical Conductivity.George Asbury Stephens, A. B.,Baker University, 1899; A.M., TheUniversity' of Chicago, 1906. Ph.D.in Political Economy and . Sociology.Thesis: 1 nfiuence of Trade Educa­tion upon Wages.Arthur Howard Sutherland, A.B.,Grand Island College, 1899. Ph.D.in Psychology and Neurology. The­sis : Word Association Reactions: AContribution to the Analysis of Idea·...;tional C omplexes.Ernest Lynn Talbert, A. B., ,TheUniversity of CHicago, 1901. Ph.D.in Philosophy and Sociology. The­sis: The Dualism of P act and Ideain Its Social Implications.Edith Minot Twiss, A.B., OhioState University, 1895; S.M., TheUniversity of Chicago, 1907. Ph.D.'in Botany and Bacteriology. Thesis:Prothallia of Aneimia and Lygodium. ALUMNI NEWSErnest Anderson is an Associatein Kent Chemical Laboratory, Uni­versity of Chicago.L. Estelle Appleton has been ap­pointed to the headship of the depart­ment of education in Marshall Col­lege, Huntington, W. Va.Francis C. Becht is an Associatein the Department of Physiology atthe University of Chicago.Frank C. Brown is professor ofEnglish literature at Trinity College,Durham, N. C.Peter A. Claassen is head of thedepartment of modern languages atOhio University, Athens, Ohio.Rebecca Corwin has been electedto the chair of biblical literatureand interpretative methods in theTraining School for Christian W ork­ers at Nashville, IT!enn.Aurelio M. Espinosa is professorof Romance languages in the Univer­sity of New Mexico, Albuquerque,N.M. 'Herbert F. Evans is director ofreligious education and associatepastor at the Second Baptist Churchof St. Louis, Mo.John C. Granbery is pastor of theMethodist Episcopal Church at Ash­land, Va.William R. Ham is professor ofphysics at the State College of Penn­sylvania.J oseph K. Hart is professor ofphilosophy at Baker University, Bald­win, Kan.The deaths of Howell E. Davies,'00, and Bernard C. Bondurant, '02,are recorded on page 48.THE DIVINITY ALUMNI ASSOCIATIONEDGAR J. GOODSPEED} D.B., '97, SecretaryDIVINITY SCHOOL NOTESThe attendance at the DivinitySchool during the Summer Quarter,1909, reached 267, as against 220 in1908, and 221 in 1907.Having completed his work ofOriental Educational Investigation,Professor Burton returned to theUniversity on August 24, after anabsence of more than thirteenmonths. The following morning headdressed the Divinity School atchapel, giving some of his impres­sions ..Professor Price returns to the Uni­versity after an absence of sixmonths spent in Europe and theOrient. Professor Moncrief hasspent six months in England and onthe continent.ALUMNI NEWSC. A. Hobbs, D.B., '71, pastor ofthe Baptist church at Michigan City,Ind., has been appointed by theAmerican Baptist Missionary Unionon the deputation which is. to visitits mission stations in the Far Eastin 1910.Professor C. R. Henderson, A.B.,'70, D.B., '73, after spending fivemonths in Spain, France, and Ger­many, investigating social and in­dustrial conditions, was recalled toAmerica to become chairman of theInternational Prison Commission.Professor Henderson will representthe United States as president of theInternational Prison Congress, to beheld in Washington, D. c., nextyear.Henry C. Mabie, A.B., '68, D.B.,'75, delivered a series of lectures onmissions at the University, beginningOctober IS, 1909·N. E. Wood, A.B., '72, D.B., '76,until recently .president of NewtonTheological Institution, has acceptedthe pastorate of the Arlington Bap­tist Church, Arlington, Mass.Judson B. .Thomas, D.B., '80, has accepted the pastorate of the FirstBaptist Church of Austin, Ill.S. A. Perrine, B. Th., '89, and forsome years a missionary in Assam,has become pastor of the Fifth Bap­tist Church, Newark, N. J.William B. Owen, D.B., '91, Deanof the University High School, hasbecame principal of the ChicagoNormal School,J. F. Mills, D.B., '93, of Marietta,0., has been called to the pastorateof the Baptist church at Decatur,Ill.R. M. Vaughan, D.B., '98, has de­clined an invitation to the chair ofsystematic theology in Colgate Uni­versity, and has accepted the pastor­ate of the Evangel Baptist Church,Berkeley, Cal.Under the leadership of Joseph M.Pengelly, a member of the DivinitySchool 1899-1901, the Baptist churchat Brookings, S. D., has duringthe past year received more than100 members.John M. Linden, D.B., '04, hasgiven up his pastorate at OregonCity, Or,e., to assist Rev. WilliamSunday in' his evangelistic work.Charles B. Elliott, D.B., '06, pastorof the Baptist ·church at Brecken­ridge, Minn., and Miss Alice Hvser,of Breckenridge, were married June15, 1909, at Breckenridge, Mr. andMrs. Elliott made a wedding journeyto the Pacific coast, visiting River­side, Ca1., and attending the N orth­ern Baptist Convention at Portland.Frank Naotaro Otsuka, D.B., '06,and Miss Ai Ito, of Tokyo, weremarried April 3, 1909, in Tokyo,Japan. A. W. Place, D.B., '02, as­sisted in the ceremony. Mr. Otsukahas accepted a position as teacher inthe Bible College at Takinogawa,Japan.W,. R. Yard, D.B., '09, has acceptedthe pastorate of the Baptist churchat Delavan, Wis.J. H. Carstens, formerly a memberof the Divinity School, has accepted42THE LAW SCHOOL ASSOCIATIONthe pastorate of the First BaptistChurch, Austin, Minn.Theoron T. Phelps, formerly amember of the Divinity School, hasmet with gratifying success in hisfirst year as pastor of the ChapelStreet Baptist Church, Gloucester,Mass. .Thirty persons have unitedwith the church, and a heavy mort­gage debt has been canceled.The resignation of President Gar­rison, of Central College, PellaIowa, leaves the general administra­tion of the college in the hands ofHermon H. Severn, Dean of theFaculty. Mr. Severn was formerlya member of the Divinity School.George F. Hambleton, of theDivinity School, is having a success­ful pastorate at Amboy, Ill. Mr.Hambleton spent five years in Japanas a missionary.A. A. Mainwaring, a member ofthe Divinity School, has become pas­tor of the Baptist church at Dixon,I1l.W. G. Clippinger, of Dayton, 0.,a member of the Divinity Schoolsince 1905, has accepted the presi- 43dency of Otterbein University, West­erville, Ohio.Frederick Donovan, of the DivinitySchool, has become pastor of theBaptist church at Maywood, Ill.Charles M. Sharpe, a member ofthe Divinity School since 1907, hasbecome president of the Disciples'School in connection with the U ni­versitv of Missouri at Columbia, Mo.At the Seventy-second Convoca­tion of the University, held on Sep­tember 3, 1909, the degree of D.B.was conferred upon nine men: Rich­ard White Gentry, Bruce EdmundJackson, Edwin Herbert Lyle, Al­bert James Saunders, Daniel MonroeSimmons, Leslie Ernest Sunderland,George Oliver Van N Ooy, DuncanJames Welsh, and William Drum­mond Whan. Mr. Jackson has ac­cepted the pastorate of the Baptistchurch at Creston, Iowa. Mr.Saunders is pastor at South Chicago.Mr. Simmons is pastor of the Bap­tist church at Paw Paw, Ill. Mr.Sunderland is connected with TrinityCathedral, Cleveland, O. Mr. Gen­try remains at the University forfurther study.THE LAW SCHOOL ASSOCIATIONRUDOLPH E. SCHREIBER, J.D., '06, SecretaryHenry L. Adams is practicing lawin West Union, Ia.William P. Bair has his office at612 Crocker Building, Des Moines,Ia., and lives at I 122 Sixth Avenue.Aaron C. Hartford is at Gretna,MG.Donald S. McWilliams, 'or, hasopened a law office in Room 915First N ational Bank Building.Henry E. Sampson is located at315 Clapp Building, Des Moines, la.The address of Miss JeannetteBates, '04, is 1008 Chicago Title andTrust Building, 100 Washington St.Henry- Lampl, '06, and GeorgeGardner have formed a partnershipunder the name of Lampl & Gardner and have their offices at 910 BlackBuilding, 129 North Main St., Wich­ita, Kansas.Degrees were granted by the LawSchool at the Summer Convocationto Murray D. Carmichael, Roy R.Helm, George ;T. McDermott, ClaudeO. Netherton, and Roy D. Thatcher.Five University of Chicago gradu­ates were admitted to the bar at theexaminations in Springfield the sec­ond week in October. They wereRoy R. Helm, Metropolis; Louis W.Mack, Chicago; Claude O. N ether­ton, Chicago; Charles W. Paltzer,Chicago, and Abraham L. Weber,Chicago.THE COLLEGE ALUMNI ASSOCIATIONHARRY A. HANSEN_, PH.B., '09, SecretaryALUMNI AT TOLEDO UNIVERSITYThe Chicago group at Toledo, 0.,was increased considerably this fallby the coming of alumni and formerstudents to the faculty of ToledoUniversity, which began its year onOctober I with Jerome Hall Ray­mond, Ph.D., '95, late of the Uni­versity of Chicago faculty, as its firstpresident. The new College of Artsand Sciences, for which plans weremade late in the summer, has alreadyenrolled 435 students. On the fac­ulty ar;e Carlotta Giovanni Cipriani,'97, professor of modern languages;Mary Jean Lanier, '09, professor ofgeography; William Eugene Moffatt,'96, acting professor of classical lit­erature, and Mary Stevens Compton,'07, acting professor of English.Thomas McDougall Hills, professorof geology, and Josephine Raymond,professor of comparative literature,spent four years in graduate workat the University of Chicago, whilework for a shorter period was donehere by George Arner, professor ofAmerican history; William Holt,acting professor of botany; KateWetzel Jameson, acting professor ofGerman; Frank J oseph Pavlicek, act­ing professor of public speaking;and James Arthur Pollock, actingprofessor of sociology. James H.Boyd, professor of mathematics, wasat one time on the faculty of theUniversity.Toledo University embraces a Col­lege of Arts and Sciences, a Collegeof Medicine, a College of Pharmacy,and a College of Music.CAPTURES CENSUS PLUMWilliam S. Broughton, 'g8, ofWashington, D. c., a member of theWashington Alumni Club has beenappointed supervisor of the censusin the District of Columbia by Presi­dent Taft. He will have charge ofabout 225 enumerators in the Dis- trict. For the past five years Mr.Broughton has been assistant chiefof the paymaster's accounts divisionof the Navy Department. Last yearhe resigned his position temporarilyto become clerk to the fleet pay­master of the Atlantic squadron onits cruise around the world. Twoyears ago Mr. Broughton devised anew method of stating fiscal andappropriation accounts in the office ofthe auditor for the Navy Department.After leaving the University he tooka temporary position in the office ofthe auditor for the Navy Departmentand was detailed to bond work inconnection with the Spanish- Ameri­can War loan. He has been in theNavy Department ever since. He isthirty-four years old and was bornin Brodhead, Wis.EXECUTIVE COMMITTEEAt the meeting of the ExecutiveCommittee of the College AlumniAssociation in Haskell Museum onOctober 20, arrangements were madeto co-operate with the Alumni Coun­cil for Alumni Day, IgIO. AlumniDay will be in the hands of the Classof Ig05.William P. MacCracken waschosen a member of the ExecutiveCommittee to represent the Class of1909, provision for this representa­tion having been made in the newconstitution.The clause relating to dues waseliminated from the constitution atthe J nne meeting, so that this wasopen to special action of the Execu­tive Committee. The dues for rooo-�tO were therefore placed at $1.00,"payable to the. secretary.Present at the meeting were War­ren P. Behan, '94, president; EdgarA. Buzzell, '86; Roy Keehn, '04;Stacy Mosser, '97, and Harry Han­sen, 'oo, secretary.44THE COLLEGE ALUMNI ASSOCIATION 45ALUMNI CL DESTHE CHICAGO ALUMNI CLUBThe regular luncheons of the Chi­cago Alumni Club were resumed onTuesday, October 19, when the firstone Vias held at the College Inn. Allgraduates and former students ofthe University are invited to cometo the private dining-room on thethird floor of the College Inn, onClark Street, near Washington, everyTuesdav from 12 to' I: 30 P. M.GEORGE o. FAIRWEATHER, 'OJSecretaryTHE CHICAGO ALUMNAE CLUBThe first luncheon of the autumnwas held by the Chicago AlumnaeClub at Mandel Brothers on Satur­day, October 16, about thirty rn��­bers attending. The ±ouuwmg om­cers were chosen:President-Dr e Sara Janson, '00.Vice-President-Mrs. Ethel RemickMcDowell.Secretary-Treasurer-Helen To Sunny,'08.Committee Chairmen-Louise Roth,'00, Settlement; Josephine Allin,'99, gymnasium; Marie Ortmayer,'06, library; Margaret Spence, '07,housing; Kate Miller, '02, member­ship,The Club voted $25 to the Uni­versity Settlement.LOUISE ROTH" '00SecretaryNEW ENGLAND ALUMNI CLUBIt was a pleasure to the membersof the New England Alumni Club togreet President Harry Pratt Judsonand Mrs. Judson at the dinner andreception given them on Tuesdayevening, October S, at Young's hotelin Boston. President Judson hadcome to. attend the inauguration ofA. Lawrence Lowell as president ofHarvard University.At the annual business meetingEdwin G. Cooley, '95, lately superin- tendent of the public schools of Chi­cago and now president of D. C.Reath & Co., was chosen presidentand Elisha M. Lake, '97, of Law­rence, Mass., was re-elected secre­tary.The following alumni have recentlychanged their addresses: Cornelia M.Clapp, Ph.D., '96, South Hadley,Mass., Joseph H. Beale, 29 ChaunceySt., Cambridge, Mass., Donald E.Bridgman, Ph.D., '07, West Hall,Harvard University, Cambridge;George E. Myers, McKinley ManualTraining School, Washington, D. C.The Club hopes to make the annualfall meeting a permanent affair.ELISHA M. LAKE} }97SecretarySEATTLE SUMMER REUNIONMembers of the Northwest AlumniClub at Seattle gave a dinner forPresident Harry Pratt Judson on theevening of Saturday, July 3, whenthe President was on his way homefrom the Baptist 'convention in Port­land, Ore. President T. L. Kane ofthe University of Washington andProfessor W. S. Davis, of the Uni­versity of Puget Sound, Tacoma,were the speakers. The attendancewas not as large as usual, but theevent proved most enj oyable.SAMUEL D. BARNES} '94SecretaryTHE KANSAS CITY ALUMNI CLUBPreparations for the first annualdinner of the alumni in Kansas City,Mo., and Kansas City, Kan., are inthe hands of William G. Matthews,'06, 3628 Wayne Avenue, acting sec­retary, who is arranging for a meet­ing in the University Club at KansasCity, Mo. The alumni in KansasCitye form a large and enthusiasticgroup representing all departmentsof the University, and including alsothe old University of Chicago.NEWS FROM THE CLASSES1897J ames Madison Gwinn has his lawoffice at 1206 Tribune Bldg. Hishome address is 272 East Sixty-thirdplace.Eldridge W. Rice is practicinglaw with offices at 50, I07 Dearbornstreet. His home address is 5622Ellis Av;e.:r8g8William Clinton Alden, A.M. '98,Ph.D. '03, is employed on theUnited States Geological Surveywith headquarters at Washington,D. C.Jesse L. Felger is in the lumberbusiness at Helena, Ark.I899Charles B. Dirks is assistant phy­sician at the Kankakee State Hospi­tal, Kankakee, Ill.Amos A. Ebersole is a ministerat Honolulu, Hawaii.Allen G. Hoyt is with the N. W.Halsey & Co., bond brokers andbankers, New York City.Irwin Lester resides at Tuscola,Ill. He is interested in inventions.Michael B. Wells is cashier of theFirst National Bank at Wauwatosa,Wisconsin.1900Josephine c. Doniat is teacher ofFrench and German at the LyonsTownship High School, La Grange,I1l.Howard P. Kirtley is a practicingphysician with offices at 823 BostonBuilding, Salt Lake City, Utah.Ella Lonn is a student at the U ni­versity of Pennsylvania. Her ad­dress is 210 DeKalb Square, Phila­delphia, Pa.Elsie Prince Miller is a physicianwith offices' at 349 Central ParkWest, New York City.:r90:rElizabeth N. Blanding is teach­ing in the Summerlin Institute atBartow, Florida.Anna Bodler is teaching in theNormal and "Training School inNewark, N� J. Her address is 25Central Ave. Ralph L. Lillie, who was an in­structor in the University of Penn­sylvania during the past year, is atWoods Hole, Mass., this year.Curtis R. Manning is practicinglaw in Muskogee, Okla.George E. Myers, A.M., is prin­cipal of the McKinley Manual Train­ing High School, Washington, D. C.I902Lees Ballinger has the position ofmanager of the Keokuk CanningCompany at Lansing, Mich.Mary L. McClintock is head ofthe Miss McClintock School forGirls, in Boston.William F. Roberts is now pastorof the First Baptist Church at Hunt­ington, Ind.Mr. and Mrs. David A e, Robert­son spent the summer in Europe.Egbert T. Robertson is secretaryof the Civil Service Reform Asso­ciation in Chicago. He is practic­ing law at 8ID, 100 Washington St.1903Lilla E. Appleton, Ph.M., isteaching in Clark University, W 0[­cester, Mass.Edna P. Beers is a high-school.teacher at Dundee, Ill.Alice M. Borgmeir lives at 1521North Hoyne Ave., Chicago, She isa teacher of music.Alice M. Rhode is a medical stu­dent in Baltimore, Md. Her ad­dress is 33 Charles Ave., Station"L."I904Frank L. Cummings is superin­tendent of schools at Elk Point,S. D.George Pullen Jackson has beenappointed an instructor in the Ger­man Department at the University.Don Roscoe Joseph is with theRockefeller Institute for Medical Re­search in New York City. His ad­dress is Sixty-sixth Street and EastRiver.Max Louis Mendel is practicingmedicine with offices located at 427;East Sixty-third St., Chicago.46NEWS FROM THE CLASSESHarry E. Mock has opened up, anoffice at 100 State Street, Suite 701,where he will practice medicine.Dr. Mock will also retain his officeat 25 I Ashland Boulevard,Harry M. Tingle is a salesmanwith the N. W. Harris & Co., bank­ers, with headquarters at Detroit,Mich.1905William J. Bradley teaches in theNorth Georgia Agricultural School,Dalonga, Ga.Rosemary J. Bentley's address is723 Fourth St., Lewiston, Idaho.Sa.rah M. Campbell is teachingEnglish in the Waller High School,Chicago.Grace Miriam Charles, A.M., livesat 150 Cuyler Ave., Oak Park, Ill.1906John F. Daniel received a Ph.D.degree from Johns Hopkins Uni­versity last spring. He has beenmade an instructor at the Universityof Michigan. _Frank G. Lewis, A.M., is in­structor of Hebrew at the CrozierTheological Seminary, Chester, Pa.Herman Mendel, Jr., is living atthe Windermere Hotel, Chicago.Agnes E. Osborn is teaching Eng­lish in the Steele High School atDayton, O.1907Henry E. Bennett resides in Wil­liamsburg, Va. He is professor ofphilosophy and education.Guy R. Clements, A.M., is in­structor in mathematics at HarvardUniversity.Peter F. Dunn is connected withthe Ruddock Orleans Cypress Com­pany with offices at New Orleans,La.Elizabeth Miner lives at 5744Rosalie Court, Chicago. She is su­perintendent 'Of the Women's Com­mons at the University.1908Mrs. Frances Baker Bigelow maybe addressed in care of the Ameri­can Legation at Hong-kong, China.Inez B. Buzenbenz is teaching inHinsdale, Ill.Eleanor Day is teaching Frenchin the Girton School for Girls atWinnetka, Ill. Her address is 810Oakwood Ave., Wilmette, Ill. 47U sta C. Hagen teaches German inthe Harvard School for Boys,Chicago. Her address is 915 EastBelmont Ave.1909Howard P. Blackford is in thelumber business at Vancouver, R C.His address is 15 Williams Bldg.,Vancouver.Mary Adeline Grupe is principalof the State Normal School at Man­kato, Minn.Robert B. Hart is in the employof Hart, Schaffner & Marx, Chicago.Pauline Johnson is teaching do­mestic science in the high school atSpringfield, Ill.Dean M. Kennedy is connectedwith his father's bank at Madison,S. D.ENGAGEMENTS'08. Hortense L. Becker toCharles Stumes, of Chicago.'10. F. J. Donovan, to VirginiaFreeman, ex-"r I. The marriage willtake place some time during thewinter. Miss Freeman was secre­tary of the Class of I9II.MARRIAGES'01. Dr. Earnest Collett McKib­ben to Mary Rachel Rogers, ofVashon, Wash., on August 25,1909. Dr. and Mrs. McKibben aremaking their horne at Vashon.'01. Ethel Laurens Dunn to Fran­cis Davis Campan, '02, on August2, 1909, at Grand Rapids, Mich. Mr.and Mrs. Campan will live at 5 Elm­wood Place, Grand Rapids, Mich.,where Mr. Campan is practicinglaw.'01. John Mills to' Emma Gerd­ner Moore, of Boston, on June I,1909, at the Tuileries, Boston. Mr.and Mrs. Mills spent the summerin Europe... They will make theirhome in Colorado Springs, Colo.Mr. Mills is professor of physicsand electrical engineering in Colo­rado College.'05. Don M. Compton to WildaE. Woodruff, of Elgin, Ill., on Sep­tember 18, 1909, at the Church ofthe Redeemer in Elgin, Ill. C.Arthur Bruce, '06, of Kansas City,Mo., was best man, and GeorgeTHE UNIVERS!'TY OF CHICAGO MAGAZINEFuller, '09, acted as one of theushers.'06. Edgar R. Born, ex, to. AdeleSchwabacker, of Chicago, on Octo­ber I7, I 909, at the Standard Club.Mr. Born is a member of M. BOom& Co., of Chicago.'06. Horace Horton to MarjorieMason, of Chicago, in London,England, the latter part of Septem­her. Mr. and Mrs. Horton will livein Chicago,'07. Leroy A. Van Patten toEllen G. Macfruff, on November I,at Jackson, Mich. Mr. Van Pattenis with the Chicago Tribune.'07. Claude Schofield, ex, toGladys M. Kyser, on October 20, atEl Paso, Ill. They will live in Okla­homa City, where Mr. Schofield ismanager of a music house.'07. Clark C. Steinbeck to' Min­nie Gertrude Robbins, on July 24,1909, in Chicago,'oS. Norman Barker to MabelMoore, of Chicago, on September 9,i909. Mr. Barker was president ofhis class in his senior year. Mr.and Mrs. Barker live in Chicago.'oS. Ivy Hunter Dodge to PaulH. Willis, on Wednesday, Septem­ber I, 1909, at Colorado Springs,Colo. They will reside at Claren­don, Texas.'08. William W. Swanson, Ph.D.,to Grace Connor, on July 14, atKingston, Onto Mr. Swanson isnow instructor in economics atKing's College of Queen's Univer­sity.'09. Alice Elizabeth Bright,daughter of Mr. and Mrs. Orville T.Bright, of 6515 Harvard Ave., toEdwin Roscoe Parker, on October7, 1909· Mr. !lnd Mrs. Parker willlive at 6023 Kimbark Ave.'oo, Thomas E. Gill, J.D., to' VidaV. Campbell, at Pecatonica, 111., ". onAugust 2, 1909. Mr. and Mrs. Gillreside at Rockford, Ill., where Mr.Gill is practicing law.'09. Ned Alvin Merriam to Har­riet Estabrook Wilkes, '08, on Sep­tember 8 at the Hyde Park BaptistChurch, Chicago. Mr. and Mrs.Merriam's address is College Station,Tex., where Mr. Merriam is directorof athletics of the Texas State Agri­cultural and Mechanical College.'10. .Chauncy Albright to Helen Honberger of' Massillon, O�, on Oc­tober 6, 1909 at Massillon. Theywill live in Massillon.'10. George A. Funkhouser, ex, toMary H. Mearick, in Dayton,' 0., onOctober 20. .DEATHS'98. Ward B. Pershing, retiredcaptain in the United States Army,died at his home in' Denver art Au­gust 28, from tuberculosis. He wasborn in Laclede, Mo., and reachedan age of thirty�five years. Afterhis graduation from the Universityof Chicago he entered the regulararmy as second lieutenant in theSixth United States artillery in theSpanish-American War and serveduntil June, 1899; he was then trans­ferred to the Philippines in theFourth United 'States cavalry andserved with distinction in the Philip­pine insurrection. He was sent homethe following year disabled by in­juries. As soon as he recovered hishealth he entered the United StatesInfantry and Cavalry School at FortJ Leavenworth, Kan., from which hegraduated in 1903. He was pro­moted to the rank of captain in theTenth United States cavalry in 1906.Captain ·Pershing was married inJuly, I 908, to Mrs. Haynes, of Den­ver, who is the sole survivor. Thebody was taken to Chicago andburied in the family grounds at Oak­woods.'60. Howell E. Davies, Ph.D.,died at his horne in Emporia, Kan.,in August, 1909. He received hisM.D. from Rush Medical College.In 1905 he went abroad to work ina London hospital and in 1907 be­came surgeon in Henrotin Hospital,Chicago. Except for these inter­vals he devoted himself to buildingup a practice in Emporia.'02. Bernard C. Bondurant, Ph.D.,died at Asheville, N. C; on August19, aged thirty-nine years. Dr. Bon­durant took his degree at the Con­vocation in September, 1905, in Latinand Greek. He was professor ofLatin at Florida State College forWomen at Tallahassee, and laterwent to the University of NorthCarolina at Asheville. He was bornin Prince Edward County, Virginia.