GREENSBORO DAILY NEWS', FRIDAY, DECEMBER 2, 1921
Virginians Issue a Statement
Relative to Football Dispute
Contend That Carolina and Virginia Agreed, At Conference In 1916
That No Baseball Or Football Player Shall Leave One College
I and Go to Another and Play First Succeeding Year.
(Spwll tDlb Nml
Charlottesvlll, Va., Dec. 1. The
member! of th faculty who represent
ed th University of Virginia at a
meeting with th faculty athletic au
thorities of th University of North
Carolina Tuesday, November 22, Issued
the following statement for public In
formation: "These j representative went to
Chapel Hill for the purpose and the
hope of playing the game in accord
ance with the agreement, and thus
perpetuating th ancient and friendly
athletic relations between the two in
stitutions. In reply to Virginia's letter
of Inquiry (November 15), the chair
man of the North Carolina faculty com
mittee on athletic wrote (November
19) that he had no knowledge of the
rule, said by Virginia to have been
enacted by the athletlo conference of
fiuuthern State universities, nor was
any other member of his committee
awar of it He wrote that 'we be
lieved that all of the point covered
by th rule of the athletic conference
it Southern Stats universities had been
Incorporated In our published regula
tions.' In answer to this letter, Vir
ginia wired (November 20) that 'at a
meeting of the athletlo conference of
Houthern State universities January,
1(118, the following amendment to rule
b was unanimously adopted to go Into
tltttct September, 1917:
" 'If a student has participated In
cither any Intercollegiate football or
baseball contest he shall not be eligi
ble In the same branch of sport at an
other college hi first succeeding ea
Kon.' Virginia' telegram further etat
id that the North Carolina delegate,
the chairman at that time of the North
Carolina faculty committee on athletic,
at that, meeting of the conference,
strongly urged the adoption of the
amendment. It was further pointed
out that the contract for the game
contained this clause: 'The eligibility
i.f the players on the Virginia team
shall be determined in accordance with
I he published faculty rules of the
University of Virginia, and th eligi
bility of the player on th North
Carolina team shall be determined In
accordance with the published faculty
rule of the University of North Caro
lina; and the player on both - team
hall be eligible under the rule of the
athletlo conference of Southern State
universities.' At the same time Vir
ginia mailed to North Carolina th of
ficial record sent to the member of
the conference by the secretary shortly
after th meeting. In response the
North Carolina chairman wired (No
vember tl) a follows: 'Your en
closure first copy change In regula
tion ever seen by us. Three mem
ber (of) present committee (wer)
on oommttte January, lull. No evi
dence change ever officially consid
ered or adopted at Carolina. Signed
contract to play under rule a con
firmed by our faculty. Could not aign
contract to play under rula I never
heard of. Under clrcumatanoea com
mute reaffirm decision Johnson
should be and la eligible to play,' At
the meeting with the North Carolina
authorltiea (Chapel Hill, November 22),
th chairman repeated these statement
In substance, and added that he did not
know why hi predeceor a chairman
had left no record of th law, which
he acknowledged to be a law of the
conference, although, there was no evi
dence that North Carolina had ever
confirmed It. He stated, moreover,
that he regretted that he had not
known of it, because h had wanted to
debar Mr. Johnson on general prin
ciple. II declared furthermore that
if he had known of It, he would have
regarded it as part of the contract and
therefor binding, but that North Car
olina was responsible only for what
was In his mind at the time he signed
the contract.
"Virginia pointed out that since
North Carolina now had knowledge of
th law, a reversal of their decision
seemed to be the appropriate action:
that lack of knowledge of the law may
explain Mr. Johnson's presence on
the North Carolina football team this
fall, but cannot excuse his continued
presence on the team after the North
Carolina authorities cam into full
possession of the truth about the law;
that even the late date on which North
Carolina learned about the rule can
not Justify the insistence upon, the
eligibility of Mr. Johnson In violation
of the agreement. The contract did not
provide that the' game should be play
ed under th rule of th conference
a confirmed by the North Carolina
faculty; on th contrary it atated botn
teams shall be eligible under th rules
of the athletlo conference of South
ern State universities. There are no
reservations in It Virginia has observ
ed the law ever since the enactment of
It. The question is not what was in
th mind of one of th signatories to
th contract but what 1 actually In
th contract Itself.
"By other number on th North
Carolina faculty committee on athletic
and by two other professors, not mem
bers of th committee, many other
argument were advanced: that It was
too late to change; that It would be
unfair: that It was contrary to the
higher Justice; that th psychological
effect on th North . Carolina team
would be bad: that the eligibility
clause waa ambiguous; that the con
ference law waa ambiguous; that the
law was not a law, because three of
th five member (Tennessee, South
Carolina, and North Carolina) had
not observed It; that th conference
was defunct; that the contract was a
technicality; that when the two con
tracting partle could not agree, they
ought to writ a new contract; one
member aald he had no evidence that
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the conference ever had any laws at
all; that Carolina had always given
way to Virginia In any disputes abont
Virginia players, eto, eta.
"In closing the meeting, the presi
dent of th University of North Caro
line announced that the leau was of
such grav importance that he was
calling a meeting of th general fac
ulty. While the faculty was in session,
the four Virginia delegates were In
their room in Flckard's hotel earnest
ly considering what could b don for
the sake of playing the game. W bad
decided that even If North Carolina
reaffirmed the eligibility of Mr. John
son, but at th same time publicly
acknowledged responsibility for the
situation, we would play the game.
This would hav been contrary to the
Instructions given us, but we believed
th University of Virginia would rati
fy our action by wire In view of the
fact that the four of us ware In ao
cord, and In view of North Carolina's
Ignorance of the law until such a lats
data. We favorably considered that
even If North' Carolina did not vol
unteer to make such acknowledgment,
in view of the publio Interest and con
cern, we ourselves might make the
suggestion. Dr. Ivy Lewis, who wo
one of our delegation, and is also a
loyal alumnus of North Carolina, seem
ed to us th appropriate intermediary,
provided,
The nature of North Carolina's fae
ulty resolution; however, made it im
possible for Virginia to volunteer th
contemplated compromise. So far from
admitting the validity of th law and
assuming responsibility for lack of
knowledge of It, the resolution almost
completely reverses th position taken
by the chairman of the faculty com
mittee on athletics of the University of
North Carolina, as outlined above. The
resolution (November 22) states that
'the faculty committee on athletics'
reiterate Its willingness and desire to
carry out our contract with the Uni
versity of Virginia exactly as that con
tract stands.' This seem to us to be
in dlrect.confllct with the statements
of the chairman, speaking for his com
mittee. Carrying out the contract ex
actly as It stands' cannot be recon
ciled with the declaration that. North
Carolina would play under such con
ference rules only as had been con
firmed by the North Carolina faculty,
and that North Carolina was respon
sible only for what was in the mind
of the chairman at the time he signed
the contract.
"The resolution states secondly that
the committee has no evidence that the
amendment was ever ratified or con
sidered In effect by a majority of th
member Institutions (Tennessee, South
Carolina and North Carolina) and that
threa of the five institutions now de
clare that they have never considered
it as a valid rule at these institutions.
But, Virginia desires to point out that
the amendment to become a law of th
oonference did not need ratification by
the member Institutions voting sepa
rately. Of course the question of Join
ing ths conference and ratifying the
'original regulations' did hav to be
and were acted on by eaoh Institu
tion, This was necessary to become a
member of the conference. After be
coming members, the official delegates
to the conference naturally exercised a
legislative function for the conference.
Therefore the secretary of th confer
ence properly reported th amendment
as 'enacted.' He did not send It to the
five Institution aa a proposed amend
ment to be enacted by th institutions
voting separately. Moreover, at the
1917 meeting of the conference held at
the University of Virginia, at which
no North Carolina delegate was pres
ent, but th other four members were
represented, no complaint or dissatis
faction about th law was expressed.
If any delegate found that th action
of th 1016 masting waa unacceptable
to his Institution, the logical and prop.
er time to object to th law was at the
next succeeding meeting, 1917, Both
South Carolina and , Tennessee were
present and neither gave any Indica
tion whatsoever that those Institution
did not regard the law as valid and
one to b enforoed for games between
members of the conference. Moreover,
th same South Carolina authority (the
former secretary of the conference),
whom North Carolina has quoted in
support of her contention wired Vir
gins (November 26) that he 'would
consider amendment to article a an in
tegral part of conference rules.' North
Carolina knew that Georgia play Vir
ginia under strict adherence to the
conference rules and considered them
effective since they are embodied in
the contract between North Carolina
and Virginia. In view of these facta the
North Carolina argument about a ma
jority of the member Institutions' Is
untenable.
Tennessee does not deny th validity
of the enactment of the amendment
The latest Issue of the University of
Tennessee catalogue, published April,
1921, states on page 26: 'Inter-col
legtate game are played under the
rule of the Southern Intercollegiate
Athletlo association, and of the con
ference of southern state universities,
ot which organizations the university
is a member.' It Is clear, therefor,
that all th members of the confer
ence, except North Carolina, now re
gard th amendment as having been
legally enacted.
"It I vldent that th North Caro
lina faculty resolution la a change of
point from the stand originally Item
by the North Carolina chairman. He
reiterated that lack of knowledge was
the sole reason for his not having en
forced the law, and admitted the
validity of th law.
"The North Carolina faculty resolu
tlon further states that no member of
the committee had any knowledge of
the amendment until It waa cited by
the University of Virginia five days
ago.' That Is not Virginia's fault. The
chairman of the faculty committee on
mrmmJ -1 '
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athletic of th University of North
Carolina officially represented North
Carolina at the 1916 meeting of the
athletlo conference of southern state
universities and vigorously pushed to
adoption th very law which North
Carolina now repudiates, To have re
minded North Carolina ot a law for
the adoption of which her representa
tive had successfully and earnestly
pleaded would have been presump
tion on the part of Virginia which
might hav been Justly reaented. W
solemnly affirm aa a matter of fact
that no faculty repreaentatlve of Vir
ginia ha ever had the slightest rea
son to suppose that the representatives
ot North Carolina were not fully
cognizant of the law under which they
contracted to play, until a statement
ot the North Carolina football coach
revealed the unexpected and almost
unbelievable truth. Immediately after
hearing this, the chairman of the vlr
glnia committee Inquired of the chair.
man ot the North Carolina committee
as to his intentions In regard to the
rule. Th very fact that no move was
mad by Virginia until such official
Intimation was given that North Caro
lina was proposing not to abide by the
law is sufficient proof ot the spirit of
confidence with which Virginia regara.
ed the enforcement by the North Caro.
Una authorltiea ot the eligibility lawe
to which w had naturally bound our
selves by written contract, duly
signed.
fli,rjki tfi raniut(An nf the aren
ri fitnultv of the University of North
Tnrollna waa adooted without full
Miff. rr ... TH IT tnn ouiwiuci .
Hons above related. This seems to us
...ffiMAnt rounn tnr a reconsidera
tion of th position assumed by the
faculty. albiskt bMnw
"Chairman of the faculty commute
on athletics, University .ot Virginia
W A. LAMBETH,
-j. "JOHN H. NEFF,
- "'- iveY F. LEWIS -
us.vr.v fkwnt w.'Wtt la VRHT
ILL AT TAHBORO HOSPITAL
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Spencer, Deo. 1. Rev. B. F. McLen
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A message signed by th evangelist
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Pray for me." 1
This information by wlrs follows
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doubt.
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