Curiously enough, the theory had been originated many years before, by Wheelock himself, at a time when he expected that the minority of the trustees would invoke the aid of the Legislature against him, and his idea had been remembered.

It was revived at the time of the newspaper controversy, and was pressed upon the attention of the trustees and upon that of their counsel.

But the lawyers attached little weight to the suggestion, although they introduced it and argued it briefly.

Mason, Smith, and Webster all relied for success on the ground covered by the first point in Mason's brief.

This is called by Mr.
Shirley the "Parsons view," from the fact that it was largely drawn from an argument made by Chief Justice Parsons in regard to visitatorial powers at Harvard College.