The Washington herald., 1909-03-21

entitled 10 a fair trial on each count
Certainly the great jurist and scholar.
DIR. Sohm. who is, perhaps, the most
famous living writer on Roman law. may
be presumed TO be familiar with all edi-
tions OF his own works. and also with
the rule regulating their use by other
students in the same field. Fortunately
for me. Dr. Sohm has critically examined
my entire work. not a single chapter Of
Il, and after such examination has. in a
noble and generous spirit, warmly com
mended my new contribution 10 legal and
political science. Spiteful professional
jealousy finds no place in great mind
like his. He has offered 10 commend my
book in the next edition OF his 'Instl-
tutes" TO German students. Under these
circumstances. what excuse can Dr.
Goudy give for his ofi1cious intrusion be-
tween DR.. Sohm and myself? To Mr..
Bryce. with whom have been on friend
". and. for me, most helpful relations
for many years, and 70 whom, jointly
with Mr. Holland my book is dedicated.
I have tried to render all the Justice and
homage in my power. Not only have
referred 70 his Studies in History and
Jurisprudence" specifically, whenever
used but OF that great work have said.
In Chapter I. that In it "he has opened up
a quarry in which students OF govern
ment and law may work for all time" ."
To him the preface Of the book in ques-
ton was submitted for criticism; 10 him
a copy was sent promptly after publica-
ton. As he has not complained. what
excuse can Or. GOudy give for his off,
cious intrusion as his guardian? What
an excellent thing II would be 4 DR.
Goudy could only imbibe a little Of the
noble and generous spirit which makes
Mr.. Bryce such a power IN the United
States. standing as he does Ike a hypben
or buckle that unites the great student
bodies Of the English-speaking world!
AS TO the charge concerning the IN
generous use Of the works of Prof Muir
head and Or. Greenidge. ] find that
have quoted them by name more than
twenty times within a comparatively mar
row area. apart from the specific refer
ences 10 each in the table OF -AuthOri-
ties cited" I find that upon page l07
was careful 10 say; For thai reason
Mr.. Goudy, in his excellent and popular
edition Of Muirhead, concludes that 'Gaius
in short was. in all probability, as has
been frequently said. merely a success
ful writer and teacher Of law. either at
Rome OF in Asia Minor. most probably
native Of Asia Minor. who wrote and
taught in Rome Appendix, p, AZ" Such
common materials which all may use.
as DR.. GOudy Well says. have frequent
Iy taken from the Testatements OF them
by Nuirhead who has drawn them. as
his notes show. almost exclusively from
the German sources equally Open 10 me.
Is il not incredible that I would have
presented my book ar once 20 Dr. Goudy
II I had imagined an objection upon his
part as 10 my use OF common and easily
=
had also made use2 Those who viii cx-
amino my book as a whole, ana not one
chapter OF il. will find that what 7 have
done involves faT-reaching generaliZa-
lions and comparisons extending through
many centuries. while the authorities
cited BY name number nearly five hun
dred. I have NOT only cited each as often
as possible in the notes. but have given
a table OF Authorities cited" which oc-
cUpies fourteen pages. I could hardly
have done more 70 explain the sources
from which the materials Of the book
were drawn. In using the works Of
specialists, 7 have made il a rule always
TO employ, whenever 1 could. the apt
phrases in which they have expressed
some fact or idea peculiarly their own
II never occurred TO me that that good
habit might be- cited TO my harm.
For thirty years the Jurists and scholars
Of the British Isles. headed BY the great
Bishop Stubs and Edward A Freeman,
who were my real friends. have been ex-
tending 10 me kindnesses and hOnOrs I
can never forget. Long ago the Univer-
sity or Dublin gave me frs IL D.. after
adopting by a formal vote in its senate
my History Of the English Constitution.
now in the eighth edition, as a textbook
or IL Prof MOntagu Burrows. Of oxford.
was good enough 10 say NO other book
exhibits so clear a view OF the English
constitution. broadening down from preCe-
dent TO precedent" Later on the Cniver-
sity OF Edinburgh gave me its IL D.,
when Sir Ludovic Grant was good enough
20 say at my laureatiOn that Dr. Hannis
Taylor's international Public Law. re-
plete with historical learning. character
ized by philosophical breadth Of view, and
distinguished for the classical stateliness
OF its diction. entities It's author 10
conspicuous place in a galaxy which In
cludes the names Of Wheaton and Kent
and Halleck of Woolsey and Dudley
Field" And yet DR.. Goudy has the hardi-
hood 20 ceusure those ancient and honor
able universities. IN which / had not
single personal acquaintance. for bestow-
ing their honors upon me, while he boasts
In the same breath that he has never read
any one of the books on account Of which
these honors were bestowed. Can mind
so envenomed, so devoid OF all sense of
Justice, be said 70 be a normal oneP But
when its pOssessOr happens 10 be the
reglus professor OF civil law at Oxford
he has the power 70 inflict both pain and
injury. no matter how foundationless or
wanton his accusations may be. Ny only
hope Of redress is in the final judgment
Of the great student body IN the British
Isles TO which he belongs and which has
been so kind TO me.
IN submitting the case 10 them
pray that they viii remember. first. that
Dr.. GOudy has attempted to defame a
book after reading only one chapter OF
IL. second, that in denOunCinE that chan
ter as an ''imposture," he has excluded
from his own view, and has deliberately
concealed from the view OF his readers.
the vital subject-matter upon which It's
merits primarily depend third. that
against his prejudiced and narrow
minded condemnation. standing, as II
does, unsupported and alone, are arraved
the cordial concentrations Of many Of
the greatest ROmanists in the world. who
have examined the book as a whole. For
tunate. indeed. am in the fact that the
only charge Of plagiarism ever intimated
against me has been directed against a
composition accepted already, by those
best qualified TO judge. as the announce
ment Of an important discovery. BY
raising false cry Of plagiarism" DR.
Goudy has attempted TO murder an "en-
trely new contribution 70 legal and polit-
ical science" TO whose advancement his
life Is supposed 20 be devoted. II he
had been undetermined. instead Of ieal