The Queen's Park was ever methodical, and the members
felt that the rough and ready methods which had hitherto governed them on
the field were not satisfactory. The kicking about of a football by a large
number of players, even in the wide and roomy space which they had fixed
upon, or which had been conceded to them by the other seekers after
amusement, on the Recreation Ground, was not football in its true sense. The
game was played under no system or rules. The leather was chased about the
field, all bent on sending the ball through goals which were indicated
probably by heaps of discarded garments at both ends of the field, followed
in due course by upright sticks, both goals and touches being recorded. The
meeting at which the club was formed did not separate until "the secretary
(Mr. William Klinger) gave intimation that the committee would meet on the
15th July, 1867, for further deliberation, and to draw out a code of rules
for the guidance of the club." At this meeting "several members gave rather
lengthy speeches." The secretary was ultimately requested to communicate
with the editor of "Cassell's Paper" and "Sporting Life," as to where the
best code of rules could be had, as they (the committee) found themselves
incompetent to form rules without the assistance of a treatise on the game."
Wise and prudent men. There was not a very wide choice of sporting
literature in those days, and few of this band of pioneers could have
realised what vast strides Association football would make in the first
decade ; that the literature devoted to it was to become widespread and
extensive ; that soon publications would be devoted solely to the game ;
column upon column written about it in the dailies and weeklies ; thousands
upon thousands of an interested public devoted to it; palatial covered
stands, tier upon tier, and commodious pavilion accommodation provided, both
for players and spectators participating in it; and that, finally,
Association football would become the sport of the masses—the classes did
not readily accept the innovation. The dribbling game in many districts of
England and Scotland has completely overshadowed the carrying code. Many
enthusiastic supporters of it are, however, to be found to-day in the
classes, particularly those connected with the great English universities
and public schools. As this history unfolds, it will be seen how much the
popularity of the new game is due to the initiative of the Queen's Park, who
on the field worked for progress, developed the style of play, where
anomalies existed swept them away, always courageous and single-hearted of
purpose, above pettiness and pettifogging. It can truly be said that success
crowned its efforts, as the football of to-day is what the Queen's Park made
it. In the legislative chamber it excelled, and its law makers,, or menders,
were always active workers, joining first the English Association—or the
Football Association, as it styled itself in 1863, when founded, and still
styles itself—as there was no national association at home, a defect which,
however, the club soon proceeded to remedy. The club at once took a leading
part in the deliberations of the English body, and many alterations in the
rules of that Association were first hatched in the Queen's Park council
chamber, and many are in force at the present time. These will be dealt with
in their proper place.
Celerity was ever the watchword of the Queen's Park
legislators. If a thing were to be done, it were well that it be done
quickly. Their bantling must at once be put into ship shape. There is a
business air about all their early proceedings, and once the idea
propounded, no time was lost of bringing it to fruition. At a meeting held
on 9th August, 1867, the committee drew up a constitution, and then
proceeded to frame a code of rules for the game. A rule of the constitution
reads :—
That the club shall be called the "Queen's Park Football
Club," and its object shall be the recreation and amusement of its members.
That was the first object of the club, "the recreation
and amusement of its members"; no profit, no hope of gain, they existed for
recreation and amusement. The last two of the eight rules indicate more than
anything else the absence of thought of pelf, for they are :—
That each party pay a shilling of entry money, on being
admitted into membership.
That the expenses of the club shall be defrayed by an
annual subscription of sixpence, payable in June.
A basis of rules was obtained from Mr. James Lilywhite,
the famous Notts cricketer, who had started in business as a universal
provider for sports accessories in London. However, at this second committee
meeting, held at 3 Eglinton Terrace, the secretary, on being asked whether
he had received any information from the parties applied to regarding "
Rules on the Field," read the "Association Rules" which he had received from
Mr. Lilywhite. The committee then set to work, and took up the rules
separately for consideration, and ultimately adopted them with a few
alterations. As these rules are of the greatest interest in the history of
Association football, and as the Queen's Park made some vital alterations in
the rules, which had a most serious effect on the game as played in Scotland
and England, they are given in full :—
First.—That the maximum length of ground shall be two
hundred yards, the maximum breadth shall be one hundred yards, the length
and breadth shall be marked off with flags, and the goals shall be upright
posts eight yards apart.
Second.—The winners of the toss shall have the choice of
goals. The game shall be commenced at a place picked from the centre of the
ground by the side losing the toss ; the other side shall not approach
within ten yards of the ball until it is kicked off.
Third.—After a goal is won the losing side shall kick
off, and goals shall be changed.
Fourth.—A goal shall be won when the ball passes between
the goal-posts, not being thrown, knocked on, or carried.
Fifth.—When the ball is in touch, the first player who
touches it shall throw it from the point on the boundary line where it left
the ground, in a direction at right angles with the boundary line, and it
shall not be in play until it has touched the ground, and the player
throwing it in shall not play it until it has been played by another player.
Sixth.—When a player has kicked the ball, any one of the
same side who is nearer to the opponents' goal-line is out of play, and may
not touch the ball himself, nor in any way whatever prevent any other player
from doing so, until the ball has been played, unless there are at least two
of his opponents between him and their own goal, who must not be more than
fifteen yards from the goal-line; but no player is out of play when the ball
is kicked from behind the goal-line.
Seventh.—In case the ball goes behind the goal-line, a
player on the side to whom the goal belongs shall kick it off from the
goal-line, at the point opposite the place where the ball is touched by a
player, with any part of his body; but if a player of the opposite side
first touches the ball after it has gone behind the goal-line of his
adversary, one "touch down" shall be scored by his side, and in the event of
no goals being got on either side, the side obtaining the greater number of
"touches down " shall be the winners of the match.
Eighth.—No player shall carry the ball.
Ninth.—Neither tripping nor hacking shall be allowed, and
no player shall use his hands to hold, or push, his adversary.
Tenth.—A player shall not throw the ball, or pass it to
another.
Eleventh.—No player shall take the ball from the ground
with his hands while it is in play, under any pretence whatever.
Twelfth.—No player shall wear projecting nails, or iron
plates on the soles or heels of his boots.
The rules upon which the Queen's Park worked were those
of the English, or the Football Association, which body was founded in
October, 1863. On 1st December, 1863, this Association, taking as a basis a
code of rules drawn up by Cambridge University in the month of October of
the same year—Cambridge had endeavoured on three occasions since 1846 to
originate a code of rules which would bring the game as played at the
various schools and universities under one code, and had twice printed sets
of rules—finally altered some of the Cambridge rules, and adopted these as
the rules of the Association. Certain Rugby elements were reintroduced,
which are not found in the Cambridge set, such as "a fair catch," "touch
down," and "modified handling"; touches do not appear to have been counted
in the score. Rule Eight, which dealt with the " fair catch," was abolished
in 1865-66, in toto. The Queen's Park made a radical alteration in
Rule Seven, which deals with the ball going behind, raising the "touch down"
to a scoring point in the game. The Association directed that the ball, when
touched by the defenders, should be kicked off from the goal-line by their
side, at a point opposite where it had been touched down. If by the
attackers, then the ball was brought out fifteen yards from the point where
it crossed, and a free kick taken, but at the goal only." It is worthy of
note here that ends were changed at half-time by Cambridge, not after every
goal, as laid down by the Association, and the ball was thrown in, and not
kicked in, as stipulated by the Cantabs. the widest difference of opinion
has always existed between Scotland and England regarding the interpretation
of the off-side rule. This difference in interpretation has caused the
Queen's Park club no end of heart-breaking regrets, as all Scots will
maintain, and maintain justly, that the English rendering has prevented the
Queen's Park from having its name inscribed on that much-coveted trophy—the
English Cup. The first English rule on the subject reads (1866):—
When a player has kicked the ball, any one of the same
side who is nearer to the opponents' goal-line is out of play, and may not
touch the ball himself, nor in any way whatever prevent any other player
from doing so until the hall has been played ; but no player is out of play
when the ball is kicked from the goal-line.
Another relic of the Rugby code. Observe, no mention is
made of three players between the kicker and opponents' goal. It does not
appear that this first code was the one which the Queen's Park received from
Mr. Lilywhite, as in 1865-66 the strict rule given above was subsequently
amended by the Association to allow a player to be on side " when at least
three of his opponents came between him and the goal-line." The Queen's Park
in its wisdom reduced the number to two, which goes to prove that the rules
they had received were those of the Association for the year before 1866-67.
Still, there is another point to be observed. In 1865-66 tapes were first
introduced between the two upright posts, which were to be at a height of
eight feet. The cross-bar first came from the Sheffield Association, in
1867, the year that Association was founded, but nine feet up. It is now
eight feet. Prior to this, the ball going through at any height between the
posts was accounted a goal. The Queen's Park rules do not mention the tape.
Sheffield first introduced the corner kick in 1868, but this innovation was
not adopted by the Football Association until 1873. It was only in the rules
of 1870-71 that first mention is made of the goalkeeper being permitted to
use his hands in defending his goal. It can hardly be imagined this
amendment to the "off-side" rule was -of Q.P. initiation altogether. It must
have had something to go upon, and that something would appear to have been
the rules of the Association up to date, not the original rules of 1863. In
the absence of positive information, this has to be assumed.
The interpolation put in, presumably by the Queen's Park,
reads, "after the ball has been played," as follows :—
Unless there are at least two of his opponents between
him and their own goal, who must not be more than fifteen yards from the
goal-line, but, etc.
What is the meaning of these fifteen yards ? Is it
implied that off-side was non-existent in the remainder of the field, and
came into force only fifteen yards from the defending goal at either end?
This may have been the thin end of the wedge, by which a freer
interpretation was given to the off-side rule in Scotland than in England,
where the hard and fast Rugby interpretation held sway in Association
circles. Scotland, as the years rolled on, ruled that a player was put on
side by the mere fact of three opponents, after the ball had been kicked,
coming between him and their goal-line, while in England the player was
off-side always, until the ball had been played by an opponent. This was the
whole crux of the situation. Of course, the Scottish Association, after its
formation in 1873, took all responsibility from the shoulders of the Queen's
Park as to the interpretation of the laws. The English Association arrogated
to itself the position—never conceded to it in Scotland—as head of all other
associations, national or otherwise. It claimed to be the only body
competent to alter, or construe, the rules. This claim was resisted by the
Scottish Football Association from time to time. The arrogance of the
English Association can be understood when it is stated that on the occasion
of an International match at Hampden Park, the spectators being actually on
the ground awaiting the appearance of the players, the English team were
prevented from taking the field unless the Scottish referee promised to
accept the English laws, and the construction put upon them by the English
Association. No arguments availed. Under pressure, and fearing a riot by the
disappointed public, the Scottish Football Association was compelled to give
way ; but the referee did not altogether please the English officials in his
decisions. It was a cowardly advantage to take, and only embittered the
differences between the two Associations. Scotland stood so firm that the
English Association abandoned its stupid position, so far as to suggest the
holding of an International conference, with the object of obtaining a
universal code of laws for the game.
Having thrown in its lot with the English Association, of
which body the Queen's Park became a member in November, 1870, it was quite
natural that the club, which began so early as a legislative authority,
should take a prominent part in the proceedings of the controlling body of
the sport in England. Several very important alterations in the Rules of the
Game were introduced, from time to time, at the instigation of the Queen's
Park committee, who seem to have thoroughly understood what they were about.
One cannot fail to admire their complete realisation of the necessities of
the game, and what was most required to produce the best results.
As early as 23rd April, 1868, the committee proceeded to
interpret the rules. "An interesting and warm discussion arose," in
committee, "on Rule 7 of the Laws of the Game—whether in the event of the
ball going behind the goal-line, and when in touch, it may be 'kicked off'
indis-. criminately, or that a 'free kick off' be taken by the side to whom
the goal belongs. After a good deal of debate, and changing of opinion, it
was ultimately decided that a free kick off be made compulsory, so as to
prevent any dispute that might hereafter arise through the carelessness of
any ' player." At this meeting a sub-committee was appointed to revise the
"Constitutional Rules" of the club, and make any alterations and additions
they thought necessary. This sub-committee was also instructed to draw up a
set of "By-Laws" for the proper enforcement of the "Field Rules" by the
members when they were playing, and to prevent the "Laws of the Game" from
being unduly infringed upon or disregarded. The sub-committee thought it
premature to draft the by-laws, but met the case by inserting in the
constitutional rules a rule giving the committee power to make and enforce
by-laws, so that the " Laws of the Game," in play, shall be properly
respected and attended to. One of the first new by-laws made by the
committee is rather strange. It is possible, however, that the Highland
element in the club may have required a hint not to offend the public ear
under the stress of a furious clan charge, or suspicious handling, which
were not under a ban in those days of lusty football. The by-law reads;—
That no member shall, under any pretence whatever, use
improper language on the field.
Another by-law is drastic:—
Any member infringing upon the "Laws of the Game," and
persisting in such violation, will be subject to expulsion from the club by
the committee.
How would the latter work now, in these professional
days? Realising now that the rules of the game drawn up by a private club
had not the force or authority of those carefully reasoned out by men of
greater experience, Mr. Gardner, on 26th October, 1870, moved: "That the
present code of Association Rules in use by the club, not being in strict
accordance with the rules as laid down by the Football Association, that our
present code be discarded in favour of the Association Rules proper," which
was agreed to. What followed was only natural under the circumstances, as a
week later, 3rd November, the club took the momentous step of deciding to
become a member of the Football Association, "seeing that we had adopted the
Association rules in toto for play, and that the Queen's Park might
thereby be advantageously brought into notice." No other Association then
existed, and the move was, all things considered, a correct one, and a
necessary consequence, after adopting the rules. On 9th November, Mr. C. W.
Alcock confirmed the enrolment of the club, expressing at the same time his
unqualified appreciation of the support given to the Association by the
active adherence of the Queen's Park. The secretary was instructed to
procure a new copy of the Association Rules from London, and to have them
printed and circulated among the members, so as to keep the club up to date
in the alterations made since the committee framed their own set in 1867.
Then came the institution of that "blessed pot," the English Cup. Mr. Alfred
Stair, treasurer of the Association, intimated to the Queen's Park that a
suggestion had been made to establish a challenge cup among the several
clubs playing the Association rules, the value of the cup to be not less
than £25, and the minimum subscription from each club £1 1s. After
consideration of the proposal, the committee concluded that it was a
desirable project, and would tend greatly to the development of the game
throughout the country, and particularly to the strengthening of the
Football Association ; but seeing that the Queen's Park club was so tar
removed from the likely centre, formidable difficulties might arise to
prevent them taking part freely in the contests for the cup. In the meantime
the minimum subscription of one guinea was voted, until fuller particulars
were furnished by the Association, and a more definite prospect of this club
having a chance for the cup, when, if necessary, further support would be
given. Messrs. Gardner and Wotherspoon were appointed to draw up, and
forward such suggestions as would place the Queen's Park on an equal footing
with other clubs. That "blessed pot," the English Cup, to which the
I Queen's Park out of its meagre funds had
contributed one guinea, was a rather insignificant trophy. While in the
possession of Aston Villa club, the cup was stolen in 1895, and disappeared
for all time, being replaced by a second cup, one of exactly the same size
and design. It is to be regretted that the original cup met such an
unfortunate fate It was not its intrinsic value which made it dear to
footballers in England. The names of many famous clubs were engraved on it,
who, in those amateur days, thought only of the glory of winning it, and
never considered for a moment what was its value in current coin of the
realm. It cannot be said such is the case to-day.
The Queen's Park was fortunate in having experienced old
players living in London who were able to attend the meetings of the English
Association, and represent there the views of the club. Thus Mr. Klinger,
the first secretary of the club, and Mr. R. Smith attended the annual
general meeting, held in London, 27th February, 1871, immediately after the
Queen's Park had joined. A faithful record of what transpired at this
meeting was sent to the club by Mr. Smith, together with some valuable hints
on the English style of play. The brothers R. and
J. Smith lived at South Norwood, and James also acted as delegate after
Robert went to Canada. As the years rolled on, representatives were sent
from Glasgow, and thus we find Messrs. Thomas and Stewart Lawrie nominated
to attend a most important meeting in London, where the question of
professionalism was to be discussed. Naturally the Queen's Park, with its
limited means, found the difficulties to be overcome in competing for the
Association Cup almost insuperable. The position of the club being in a
manner isolated from the centres of play for the cup, the evident
difficulties that would result from the position of the club—Scotland being
far distant from those centres—forced the consideration of them upon the
committee, and "inclined the club to open correspondence with the other
Scottish clubs playing Association rules, with the view of persuading these
clubs to enlist also for the English Cup." The idea was to have an
eliminating competition at home before competing in the South. If this idea
were successful, the Queen's Park would in all probability be first pitted
against its neighbours at home, in the preliminary ties, which would thereby
save long journeys to meet the English clubs. The club even sought to alter
the cup competition rule, which provides that the two final rounds must be
played in London, so as to allow the ties immediately preceding the final
one to be played wherever the contending clubs may decide. By favour of the
Association, Queen's Park was left out of the first competition for the cup
in 1872 until the semi-final round, in which it met and drew with Wanderers.
The Queen's Park entered for the cup again in 1872-73, as
the Association had decided to grant byes to clubs at a distance. Thus the
Queen's Park was exempted until the semi-final round, in which it was to
meet Oxford University in London. The 'Varsity wrote, explaining their
inability to play the tie in London on 10th March, 1873, The Queen's Park
withdrew in favour of the " Dark Blues." That season's competition was
peculiar, in the sense that the Wanderers, who held the cup, were left out
of the ties to meet the winners, and Oxford University, having disposed of
all opponents, had to challenge Wanderers for the cup. The students were
beaten by two goals to none. The Hon. A. F. Kinnaird, now Lord Kinnaird, and
Wollaston, were the goal takers. His lordship has remained connected with
the Association to this day, and has been president for many years—indeed, a
sort of perpetual president.
That the Queen's Park was keeping an eye on the rules is
evidenced by the fact that, at a meeting on 22nd January, 18/5, the
secretary was instructed to suggest to the Football Association various
amendments of the laws of the game, the principal of which were :—
1. To have the use of the goal bar, instead of a tape,
authorised.
2. To adopt a fixed half-time in playing, irrespective of
goals being taken.
3. To adopt a new rule regarding the law of free kicks
being more explicit.
The committee considered, a month later (18th February),
the various amendments in the Laws of the Game, to be discussed at the
annual general meeting, and decided which to support and which to oppose.
Messrs. James Smith and Robert Tod were appointed to represent the club at
this meeting held in London on 24th February, 1875. The introduction of the
cross-bar into the rules of the Association is due to the initiative of the
Queen's Park, though it was not at the time, nor until some years later,
made obligatory. Prior to this, however, the Sheffield Association, founded
1867, which had then a set of rules of its own, abolished the tape, and made
the bar compulsory. It was at this London meeting also that change of ends
at half-time was introduced—another Queen's Park proposal, though this was
the method of play in the Cambridge rules of 1863, not adopted by the
Association when framing its rules in that year. In 1874 it was agreed to
suggest to the "London Association" to adopt a law disallowing any goal from
a kick off— presumably from the centre of the field. In 1875 the club wished
to insert, as a new rule, the words :—
In no case shall a goad be scored from any free kick, nor
shall the ball be again played by the kicker, until it has been played 'by
another player. The kick-off and corner-flag kick shall be free kicks within
the meaning of this rule.
Which rule was duly carried, together with all the
Queen's Park amendments, to use a cross-bar instead of a tape, and change
ends at half-time, instead of after every goal. At the annual general
meetings of the Association, 1876 and 1877, there was no particular rule
which attracted attention and needed improvement.
The Queen's Park took a particular interest in the
"throw-in" rule. It favoured the straight throw-in in the Scottish style,
had no liking for the throw-in in the English style, and had a rooted
abhorrence to the Sheffield rule— kicking-in—which they considered
unnecessarily severe, and the delegates to the annual meetings of the
Football Association, Messrs. James Smith and Robert Tod, were instructed
accordingly. In February, 1878, the club recommended the adoption of the
straight throw-in, as played by the "Scotch Association," in preference to
the English rule—i.e., in any direction. The Royal Engineers were on the
same tack at this meeting. Messrs. M'Kay and F. Tod were the Queen's Park
delegates on this occasion; Mr. R. Tod, not having obeyed instructions, was
replaced by his namesake. Every amendment was carefully scrutinised, and the
line to be taken by the delegates clearly indicated in marginal notes to the
agenda. The same with the Scottish Association rules when under revision. At
the annual meeting of the Scottish Association, 3rd September, 1878, a
proposal, by the Alexandra Athletic Club, "to throw the ball in in any
direction the thrower may choose" was strongly opposed by the Queen's Park
delegates, Messrs. W. C. Mitchell and G. O. Norval. For the annual meeting
of this Association in May, 1880, Messrs. T. Lawrie, R. Browne, and C.
Campbell were elected by the Queen's Park as a sub-committee to revise the "
Scotch Association " rules, as to alterations, and report. The straight
throw-in was again attacked, and the matter was considered of too great
importance to decide without a fuller voice of the committee, the result
being a unanimous vote to oppose. However, this important point was taken
out of the hands of the Queen's Park, and settled in a manner not quite
satisfactory to its opinions. England, as already stated, insisted on its
rules being played in International matches, and Scotland's loss of the 1879
International by 5-4 is attributed to " the practice and experience of the
throw-in in any direction, which they had evidently brought to great
perfection, while the Scotch, having neither, were compelled to play under a
disadvantage, to which the main cause of the defeat may be attributed."
Reference has already been made as to how England behaved when Scotland
wished to play home rules at Hampden Park. The Football Association offered
to compromise matters by adopting, on condition the Scottish Association did
likewise, the throw-in rule with both hands over the head in any direction,
the player throwing in the ball to face the field of play. The Scottish
Association decided to meet its English friends half-way, and give this new
rule a trial for a year. It has never since been altered, and is the rule
to-day. The old rule, throwing the ball with one hand in any direction, gave
the Englishmen a great advantage, as the ball has been known to have been
thrown from midfield to the goal mouth. Some English players were specially
dexterous at this game. "Big Gunn," the Notts cricketer, was famous for his
long and deadly throws, and other English players, too numerous to mention,
were equally clever.
Mr. Don. Hamilton, who attended an International
Conference, 25th April, 1882, at Sheffield, brought home certain suggested
alterations on the rules, for the consideration of the Scottish Football
Association, among which was an attempt to bring Scotland into line with
England on that International bugbear, the "off-side" rule. These were
summarily rejected, and at the annual meeting of the Association, 26th
April, 1882, it was decided not to meet England any more, unless she agreed
to play Scottish rules all through the game. A motion was also passed, "not
to send delegates to the National Conference as it at present exists." At
this annual general meeting a motion was made, to throw the ball in in any
direction with both hands. Mr. C. Campbell (Queen's Park) carried an
amendment, "that the ball be thrown in with both hands over the head
in any direction," and this became the law of the Scottish Association. Mr.
N. L. Jackson, assistant hon. secretary, Football Association, invited the
Scottish Football Association in June, 1882, to attend a conference at
Manchester, which invitation was refused, and attention was called to the
refusal of Scotland to alter the off-side rule. To this England replied,
declining to make any arrangements towards the International, unless the
Scottish Football Association agreed to send delegates to a special
conference. Scotland reluctantly gave way, and Messrs. T. Lawrie (Queen's
Park) and John Wallace (3rd Lanark) were the delegates. They were the
officials who attended this conference, held at Manchester, 14th November,
1882, entrusted with the mission "of pressing the throw-in rule, and coming
to an understanding regarding the interpretation of off-side, and urging
that the goalkeeper be given liberty to move with the ball in his hands, as
in Scotland." The delegates carried these points, and a hearty vote of
thanks was given them for their noble work. Mr. Jackson wished to know what
rules were to obtain at the London and Glasgow match, about to be played on
Hampden Park. He was informed that the rules used would be those fixed on at
the conference. He next suggested half English, half Scottish rules, to
which the Association returned the same reply, with which he had to be
content. At the above conference the rules were assimilated, and are now
only changed by the International Board. The alterations made were adopted
at the annual general meeting of the Scottish Football Association, on 25th
April, 1883, and no trouble has since arisen to disturb the peace of
football nations, at least until professionalism introduced its dominating
head—but that is another story. The Queen's Park interest in the English
Association and its rules ended only when the club, and all Scottish clubs,
were compelled to withdraw from that body in 1887. When the International
Board was established at a conference in London, June, 1886, Mr. Richard
Browne (Queen's Park), president of the Scottish Association, and Mr. A. M'A.
Kennedy (Dumbarton), vice-president, represented the Scottish Football
Association, and assisted in drawing up a code of rules to govern the Board,
the result of which is that harmony has since reigned in Association
football legislation.
Thus it will be seen what a leading part the Queen's Park
as a club, and its members, have taken in the formation of the rules, and in
the general government of the game, and what vast consequences arose in
after years from the daring enterprise of the early Queen's Park members,
who adopted and "slightly altered " the rules in 1867.