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want sooner or later to purchase ships from some of the belligerents-most probably from Germany.

A PHANTOM PRECEDENT; by Jesse Turner (Va., '77). Reprinted from the American Law Review, May-June, 1914.

In this article, Mr Turner investigates the history of the celebrated case of Josiah Philips, who was hanged (seemingly for treason) in Virginia in 1778. This case lies at the root of one of the vexed questions affecting constitutional law, and has been cited as a precedent both pro and contra for many years. It has been used both to support and to controvert the right of the judiciary to ascertain the repugnancy between the Constitution and the legislative act and to pronounce the latter void.

The history of this celebrated case is rather obscure, on account of the fact that most of the records were destroyed during the Civil War, and recourse must be had to the writings of contemporaries-such as Jefferson, Marshall, Patrick Henry and other celebrated men. The story is a fascinating one, and Mr. Turner has developed it with considerable literary art. It serves as a rather curious contribution to Virginia history, and incidentally throws a good deal of light upon the minds and characters of some of the most famous figures of the epoch of the Revolution.

CHARLES W. BAIN, '85.

In the death of Professor Charles Wesley Bain at Chapel Hill, N. C., on March 15, education in the South lost one of its finest products and one of its strongest promoters. In particular, the loss to the faculty of the University of North Carolina and to the cause of classical studies is so great that one feels incapable of giving it adequate expression. The shock of his death to his associates was all the more profound, because it came in a period of what was thought to be convalescence following a serious illness of the few weeks preceding, and because it found him still a comparatively young man and at the very highest point of his intellectual power.

Professor Bain was born in Portsmouth, Virginia, in 1864. He prepared for college at Galt's School in Norfolk and at McCabe's University School in Petersburg. He was a student at the University of Virginia from 1883 to 1885. He began his career as teacher in a private school of Savannah, Georgia. He then taught in the Rugby High School of Louisville, and later was classical master at McCabe's School in Petersburg. From 1895 to 1898 he was head master of the grammar school at Sewanee, Tennessee, and while in that position received the degree of Master of Arts from the University of the South. In 1898 he accepted the chair of Latin and Greek at the University of South Carolina, and in 1910 the headship of the Department of Greek at the University of North Carolina. In 1913 the University of South Carolina conferred upon him the degree of Doctor of Laws, and in the same year the chapter of Phi Beta Kappa at the University of Virginia gave him honorary membership.

Professor Bain was the author of the First Latin Book in the Gildersleeve-Lodge Series of Latin Classics, of an edition of Books vi and vii of the Odyssey, and of a book of selections from Ovid for use in the schools. The First Latin Book took rank at once as one of the best on the market, and the Ovid found wide use among the schools. He wrote also the article on classical literature in the Encyclopedia Americana. He was a con

tributor to the American Journal of Philology, the Sewanee Review, the Nation, Classical Philology, and the Studies in Philology published by the University of North Carolina. Through all his professional career he was a careful reader who made it a practice to record his observations on margin or card as he went along. In this way he had accumulated a vast amount of valuable matter on syntax and on comparative literature, which at the time of his death he was beginning to gather together in more accessible form with a view to publication. Unfortunately, most of this will now be lost, since he left it in such shape that it is impossible for another to interpret it without guidance from its author. His special bent was toward Greek syntax, and in this branch he was rapidly winning a position of marked emi

nence.

He combined, as few men are able to do, the utmost exactness in investigation with that enthusiastic and interesting presentation of his subject in the classroom which won for him the whole-hearted application and the loyal devotion of his pupils. He was a valuable member of the University faculty, serving effectively on various important committees and contributing generously his time and thought to University problems and policies. He was vitally interested and ready to help in all matters looking to the improvement of his community. He was a man of the highest principles in public and private life and was possessed of the courtly manners of the gentleman. He was in himself a fitting exemplification of the cultural value of that special branch of learning in which he was a master. He was at all times accessible alike to students and to colleagues, a most delightful comrade, a loyal and trustworthy friend, a gentleman and a scholar.

GEORGE HOWE.

THE ALUMNI.

President Alderman has received from Cornelius H. Fauntleroy, '84, of the St. Louis bar, copies of three resolutions which he introduced at the meeting of the St. Louis Chapter of the University of Virginia Alumni Association, held in that city some time ago. The resolutions were adopted unanimously. They are as follows:

"Whereas more than fifty thousand persons visited last year the tomb of Thomas Jefferson at his beautiful home Monticello, drawn thither by faith in his teachings and inexhaustible admiration for his marvelous self-sacrifice, wisdom and patriotism, manifested by his gigantic and successful efforts in helping to achieve the independence of the American people, and the establishment of a government of the people, by the people and for the people, and,

"Whereas Jefferson's home and tomb have become a national shrine,

"Now, therefore, be it resolved by the St. Louis branch of the Alumni Association of the University of Virginia that they unanimously indorse the bill now pending in the Congress of the United States for the purchase of Monticello by the Federal government, and the keeping of the same forever as a national shrine and possession, and

"Be it further resolved that said association tendes to Hon. Jefferson M. Levy, the present owner of Monticello, their appreciation of his patriotism and public spirit in agreeing to sell the same to the Federal government for the purpose aforesaid, and "Be it further resolved that a copy of these resolutions be forwarded to the President and the Vice-President of the United States. Hon. Jefferson M. Levy, and the Congressmen and Senators of the United States from the State of Missouri."

"Whereas the State of Missouri owes its being as a component part of these United States to the wisdom and the patriotism of Thomas Jefferson, so signally and gloriously manifested by the Louisiana Purchase,

"Now, therefore, be it resolved by the St. Louis branch of the Alumni Association of the University of Virginia that the Legislature of Missouri be requested to enact a law making Jefferson's birthday a legal holiday in this State."

"Whereas Washington and Jefferson are the two corner stones of the Republic of the United States, and

"Whereas Washington's Farewell Address and Jefferson's first Inaugural Address are classics in the science of government, and are replete with wisdom and patriotism,

"Now, therefore, be it resolved by the St. Louis branch of the Alumni Association of the University of Virginia that the Superintendent of the Public Schools of the city of St. Louis and the Superintendent of Public Instruction of the State of Missouri be requested to make a part of instruction in the public high schools of said city and State, said addresses."

Hampson Gary, '94, of Tyler, Texas, has been appointed special counsel for the Department of State to assist the solicitor for the department in the consideration of matters arising out of the war in Europe, and has taken up his duties in Washington. Mr. Gary was captain of United States Volunteers during the Spanish-American War and later was a member of the Texas Legislature. For several terms he was regent of the University of Texas.

Henry Moore, Jr., '94, is engaged in the banking business in Texarkana, Ark.

Judge William A. Falconer, '94, of the Tenth Chancery Circuit, Fort Worth, Ark., represented the University at the installation of Dr. John Futrall, '94, as president of the University of Arkansas. The exercises were held at Fayette, Ark., November 22 and 23.

Julian Fairfax Scott, '96, has been appointed Second Deputy Police Commissioner of New York City by Commissioner Arthur Woods.

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