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Page:American Archives, Series 4, Volume 1.djvu/116

107 in the General Court; and that no other matter shall be treated of at such meetings, except the election of their aforesaid officers or Representatives, nor at any other meeting, except the business expressed in the leave given by the Governor, or, in his absence, by the Lieutenant Governor.

And whereas the method at present used in the Province of Massachusetts Bay, in America, of electing persons to serve on Grand Juries, and other juries, by the freeholders and inhabitants of the several towns, affords occasion for many evil practices, and tends to pervert the free and impartial administration of justice: for remedy whereof, Be it further enacted by the authority aforesaid, That from and after the respective times appointed for the holding of the General Sessions of the Peace, in the several counties within the said Province, next after the month of September, one thousand seven hundred and seventy-four, the Jurors to serve at the Superior Courts of Judicature, Courts of Assize, General Gaol Delivery, General Sessions of the Peace, and Inferior Court of Common Pleas, in the several counties within the said Province, shall not be elected, nominated, or appointed, by the freeholders and inhabitants of the several towns within the said respective counties, nor summoned or returned by the Constables of the said towns; but that, from thenceforth, the Jurors to serve at the Superior Courts of Judicature, Courts of Assize, General Gaol Delivery, General Sessions of the Peace, and Inferior Court of Common Pleas, within the said Province, shall be summoned and returned by the Sheriffs of the respective counties within the said Province; and all writs of Venire Facias, or other process or warrants to be issued for the return of Jurors to serve at the said Courts, shall be directed to the Sheriffs of the said counties respectively, any law, custom, or usage, to the contrary notwithstanding.

Provided always, and be it further enacted by the authority aforesaid, That wherever the Sheriff of any county shall happen to be a party, or interested or related to any party or person interested in any prosecution or suit depending in any of the said Courts, that then, in such case, the writ of Venire Facias, or other process or warrant for the summoning and return of a Jury, for the trial of such prosecution or suit, shall be directed to, and executed by, the Coroner of such county; and in case such Coroner shall be also a party, or interested in, or related to, any party or person interested in such prosecution or suit, then the Venire Facias, or other process or warrant, for the summoning and return of a Jury for the trial of such prosecution or suit, shall be directed to, and executed by, a proper and indifferent person, to be appointed for that purpose by the Court wherein such prosecution or suit shall be depending.

And that all Sheriffs may be better informed of persons qualified to serve on Juries at the Superior Courts of Judicature, Courts of Assize, General Gaol Delivery, General Sessions of the Peace, and Inferior Court of Common Pleas, within the said Province, Be it further enacted by the authority aforesaid, That the Constables of the respective towns, within the several counties of the said Province, shall, at the General Sessions of the Peace, to be holden for each county, next after the month of September, in every year, upon the first day of the said Sessions, return and deliver to the Justices of the Peace, in open Court, a true list, in writing, of the names and places of abode of all persons within the respective towns for which they serve, or the districts thereof, qualified to serve upon Juries, with their titles and additions, between the age of one and twenty years, and the age of seventy years; which said Justices, or any two of them, at the said Sessions in the respective counties, shall cause to be delivered a duplicate of the aforesaid lists, by the Clerk of the Peace of every county, to the Sheriffs, or their Deputies, within ten days after such Sessions; and cause each of the said lists to be fairly entered into a book, by the Clerk of the Peace, to be by him provided, and kept for that purpose amongst the records of the said Court; and no Sheriff shall empannel or return any person or persons to serve upon any Grand Jury, or Petit Jury, whatsoever, in any of the said Courts that shall not be named or mentioned in such list: and, to prevent the failure of justice, through the neglect of Constables to make such returns of persons qualified to serve on such Juries, as in and by this Act is directed, the Clerks of the Peace of the said several counties are hereby required and commanded, twenty days at least next before the month of September, yearly, and every year, to issue forth precepts or warrants, under their respective hands and seals, to the respective Constables of the several towns within the said respective counties, requiring them, and every of them, to make such return of persons qualified to serve upon Juries as hereby respectively directed; and every Constable failing at anytime to make and deliver such return to the Justices in open Court, as aforesaid, shall forfeit and incur the penalty of five pounds sterling to his Majesty, and his successors, to be recovered by bill, plaint, or information, to be prosecuted in any of the Courts aforesaid; and, in order that the Constables may be the better enabled to make complete lists of all persons qualified to serve on Juries, the Constables of the several towns shall have free liberty, at all seasonable times, upon request by them made to any officer or officers, who shall have in his or their custody any book or account of rates or taxes on the freeholders or inhabitants within such respective towns, to inspect the same, and take from thence the names of such persons qualified to serve on Juries, dwelling within the respective towns for which such lists are to he given in and returned, pursuant to this Act; and shall, in the month of September, yearly, and every year, upon two or more Sundays, fix upon the door of the church, chapel, and every other public place of religious worship, within their respective precincts, a true and exact list of all such persons intended to be returned to the said General Sessions of the Peace, as qualified to serve on Juries, pursuant to the directions of this Act; and leave at the same time a duplicate of such list with the Town Clerk of the said place, to be perused by the freeholders and inhabitants thereof, to the end that notice may be given of persons duly qualified who are omitted, or of persons inserted by mistake who ought to be omitted out of such lists; and it shall and may be lawful to and for the Justices, at the General Sessions of the Peace to which the said list shall be so returned, upon due proof made before them of any person or persons duly qualified to serve on Juries being omitted in such lists, or of any person or persons being inserted therein who ought to have been omitted, to order his or their name or names to be inserted or struck out, as the case may require: and in case any Constable shall wilfully omit, out of such list, any person or persons, whose name or names ought to be inserted, or shall wilfully insert any person or persons who ought to be omitted, every Constable so offending, shall, for every person so omitted or inserted in such list, contrary to the true intent and meaning of this Act, be fined by the said Justices, in the said General Sessions of the Peace, in the sum of forty shillings sterling.

Provided always, and be it enacted by the authority aforesaid, That in case default shall at any time hereafter be made, by any Constable or Constables, to return lists of persons qualified to serve on Juries within any of the said towns to the said Court of General Sessions of the Peace, then, and in such case, it shall and may be lawful for the Sheriff of the county, in which such default shall be made, to summon and return to the several Courts aforesaid, or any of them, such and so many persons dwelling in such towns, or the districts thereof, qualified to serve on Juries, as he shall think fit to serve on Juries at such respective Courts; any thing herein contained to the contrary thereof in any wise notwithstanding.

And be it further enacted by the authority aforesaid, That every summons of any person, to serve upon any of the Juries at the said Courts, or any of them, shall be made by the Sheriff, or other person, ten days at the least before the holding of every such Court; and in case any Jurors, so to be summoned, be absent from the usual place of his habitation at the time of such summons, notice of such summons shall be given, by leaving a note, in writing, under the hand of such Sheriff, or person, containing the contents thereof, at the dwelling house of such Juror, with some person inhabiting in the same.

Provided always, and be it further enacted by the authority aforesaid, That in case a sufficient number of persons qualified to serve on Juries shall not appear at the said Courts, or any of them, to perform the service of Grand or Petit Jurors, that then, and in such case, it shall be lawful for the said Court to issue a writ or precept to


text: Talk:Executive Order 11051

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Talk:Executive Order 11051


text:
Page:Poems, Volume 1, Coates, 1916.djvu/103

AR off there is a realm of wonder,—

Know you its name?

No region the wide heavens under

Could be the same!

Dark orange groves it hath, and alleys

With sunlit verdure covered over

High-mounting hills, great river valleys

Enriched by crops of maize and clover:

A Land apart, from all asunder,—

Know you its name?

Walls hath it—two. One—of the mind,—

To the outside world forever blind,

Itself within itself hath still confined;

Wherefore its brooding and exclusive spirit

Craves but for progress in experience sown,

Noiseless as Nature's own;

And with that reverence it doth inherit,

Hearkens obediently its sages,

Mysteriously wise from distant ages,


text:
United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 8

Rule 8. General Rules of Pleading

(a) Claim for Relief. A pleading that states a claim for relief must contain:
 * (1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
 * (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
 * (3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

(b) Defenses; Admissions and Denials.
 * (1) In General. In responding to a pleading, a party must:
 * (A) state in short and plain terms its defenses to each claim asserted against it; and
 * (B) admit or deny the allegations asserted against it by an opposing party.
 * (2) Denials—Responding to the Substance. A denial must fairly respond to the substance of the allegation.
 * (3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading—including the jurisdictional grounds—may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
 * (4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.
 * (5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.
 * (6) Effect of Failing to Deny. An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.

(c) Affirmative Defenses.
 * (1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:
 * accord and satisfaction;
 * arbitration and award;
 * assumption of risk;
 * contributory negligence;
 * discharge in bankruptcy;
 * duress;
 * estoppel;
 * failure of consideration;
 * fraud;
 * illegality;
 * injury by fellow servant;
 * laches;
 * license;
 * payment;
 * release;
 * res judicata;
 * statute of frauds;
 * statute of limitations; and
 * waiver.
 * (2) Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.

(d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.
 * (1) In General. Each allegation must be simple, concise, and direct. No technical form is required.
 * (2) Alternative Statements of a Claim or Defense. A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.
 * (3) Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency.

(e) Construing Pleadings. Pleadings must be construed so as to do justice.


text:
Page:Poems, Volume 1, Coates, 1916.djvu/107

HE Austrians at Arcola

(The fight had lasted long),

The Austrians at Arcola—

Some fifty thousand strong—

Assailed the bridge whereto the French

(A fourth their strength) had come,

With menace dire, and murderous fire;

Then fled before a drum!

For Estienne at Arcola—

Heroic little lad!—

Seeing the carnage on the bridge,

With soul grown sick and sad,

Had sworn that he, at least, would pass

Beyond the sanguine tide,

And beat his drum, whate'er should come,

Upon the farther side.

So Estienne at Arcola—

No fear had he to die!—


text:
United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 9

Rule 9. Pleading Special Matters

(a) Capacity or Authority to Sue; Legal Existence.
 * (1) In General. Except when required to show that the court has jurisdiction, a pleading need not allege:
 * (A) a party’s capacity to sue or be sued;
 * (B) a party’s authority to sue or be sued in a representative capacity; or
 * (C) the legal existence of an organized association of persons that is made a party.
 * (2) Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party’s knowledge.

(b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.

(c) Conditions Precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.

(d) Official Document or Act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.

(e) Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.

(f) Time and Place. An allegation of time or place is material when testing the sufficiency of a pleading.

(g) Special Damages. If an item of special damage is claimed, it must be specifically stated.

(h) Admiralty or Maritime Claim.
 * (1) How Designated. If a claim for relief is within the admiralty or maritime jurisdiction and also within the court’s subject-matter jurisdiction on some other ground, the pleading may designate the claim as an admiralty or maritime claim for purposes of Rules 14(c), 38] (e), and [[United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 82|82 and the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A claim cognizable only in the admiralty or maritime jurisdiction is an admiralty or maritime claim for those purposes, whether or not so designated.

 * (2) Designation for Appeal. A case that includes an admiralty or maritime claim within this subdivision (h) is an admiralty case within 28 U.S.C. § 1292(a)(3).


text:
Page:Feilberg.djvu/20

Rh work we pay them to do. Riding on their tracks he found, first a young girl, apparently about 15, lying stretched on the ground, with a bullet wound in her head. Going on he saw another woman also dead, and also with a bullet wound. This was done, not by Circassians or Bashi Bazouks, acting under the orders of a Moslem ruler, but by a force maintained, equipped, and paid for by the church-going Christian people of Brisbane and Queensland.

A man who accompanied a police officer in a northern district was present at a raid upon some blacks. He shared the officers' tent. The troopers were of course round them. They had a prize, a young black girl, little more than a child. This man, an old bushman, but not so seasoned as our own officers are, could not sleep because of the yells, cries, and moans of the unhappy child as each brutal savage, clad in the uniform of our Government, violated her in turn. They did not finish by shooting her, but left her in the morning in a dazed agonised condition for her tribe to tend her—and be disposed towards friendship with the whites by the spectacle.

In concluding this particular paper it is necessary to warn readers against feeling indignant with the native police. We equip the force, and send it out to do the work which is described in these columns. We refuse to have any report of what is done; all we ask is that they shall do what they please and say nothing. We arm ferocious savages and send them out under single white men, who are only blamed if they are dilatory in shooting blacks. For us to blame the force that does the work would be as improper as it would be for a man who fired a gun into a crowd to cast blame for the wounds inflicted by the bullet on the weapon. —Queenslander, June 5, 1880.

IV.

Western Champion, published at Blackall, in its issue of the 26th ultimo, has an article commenting on our proposals for dealing with the aborigines, and the incidents narrated in this column. The editor takes a different view from ourselves, but writes moderately and in a reasonable spirit. He is, however, mistaken in doubting the accuracy of one incident in the first article of this series. He says:—"The story of the young gentleman who was gaining colonial experience on a western station, is in the main correct, but the tribe who were punished for their depredations were not station blacks as the new chum believed. Probably his slight acquaintance with the aborigines made it unable for him to distinguish between the wild and tame article." We repeat that the blacks shot on the occasion were station blacks—that is, blacks who camped when not out hunting near a head station, that they could talk broken English and were known to the troopers, and finally that they were well known not to belong to the tribe that committed the hut robberies which led to the police raid, being in fact quite innocent of any injury to the whites. We fancy the "new chum" referred to, an experienced bushman now, will be rather indignant at being told that he did not know blacks from a tribe with which he was perfectly familiar. And, "new chum" as he was, it is probable that he had as many opportunities of knowing and distinguishing blacks, at the time the affair occurred—about two years after his arrival in the district—as the editor of the Champion himself.

In another part of the same article the writer says:—"The tragic end of Mr. Welford, who attempted to introduce the civilising plan proposed by the Queenslander, was sufficient evidence that such a plan was a mistake, and probably made the whites understand that the only chance of saving their lives and property was to drive the enemy out of the district." To this statement we have received the following reply by a contributor:—

"The Western Champion quite misunderstands the circumstances under which poor Welford met his death, which, on the contrary, illustrate the necessity of the reform advocated by the Queenslander. I knew Welford personally, and was camped on his country, at the place he afterwards made his main camp, some three or four months before he occupied it with his cattle. He was a man who always got on well with the blacks, treating them justly and firmly; and if his neighbors had acted in the same way, and the black police had been kept away from the lower Barcoo, would have been alive now, or at least would not have died under the nulla nulla strokes of exasperated savages seeking revenge for the slaughter of their friends. He told me himself how on bringing his cattle round by Cooper's Creek to his country—he was compelled to take a very circuitous route from Elizabeth Creek to get water, as the drought of 1868 had not quite broken up—he travelled for a week or two in company with a small tribe of myall blacks. These savages, not having had any experience of the whites, and only knowing the black police by repute, were inclined to be friendly, as they generally are. Mr. Welford, and partner and

title: Page:Feilberg.djvu/20


text:
United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 10

Rule 10. Form of Pleadings

(a) Caption; Names of Parties. Every pleading must have a caption with the court’s name, a title, a file number, and a Rule 7 (a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.

(b) Paragraphs; Separate Statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.

(c) Adoption by Reference; Exhibits. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.


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Page:American Archives, Series 4, Volume 1.djvu/117

109 the Sheriff, requiring him to summon a sufficient number of other persons qualified to serve on Juries, immediately to appear at such Court, to fill up and complete the number of Jurors to serve at such Court; and such persons are hereby required to appear and serve as Jurors at the said Courts accordingly.

And be it further enacted by the authority aforesaid, That no person who shall serve as a Juror, at any of the said Courts, shall be liable to serve again as a Juror at the same Court, or any other of the Courts aforesaid, for the space of three years then next following, except upon special Juries.

And, in order that the Sheriffs may be informed of the persons who have served as Jurors, It is hereby further enacted by the authority aforesaid, That every Sheriff shall prepare and keep a book, or register, wherein the names of all such persons who have served as Jurors, with their additions and places of abode, and the times when, and the Courts in which they served, shall be alphabetically entered and registered; which books or registers shall, from time to time, be delivered over to the succeeding Sheriff of the said county, within ten days after he shall enter upon his office; and every Juror, who shall attend and serve at any of the Courts aforesaid, may, at the expiration of the time of holding every such Court, upon application to the Sheriff, or his Deputy, have a certificate immediately, gratis, from the Sheriff, or his Deputy, testifying such his attendance and service; which said certificate the said Sheriff, or his Deputy, is required to give to every such Juror.

And be it further enacted by the authority aforesaid, That if, by reason of challenges, or otherwise, theirthere [sic] shall not be a sufficient number of Jurors for the trial of any prosecution for any misdemeanor, or any action depending in any of the said Courts, then, and in such case, the Jury shall be filled up de talibus circumstantibus, to be returned bv the Sheriff, unless he be a party, or interested or related to any party or person interested in such prosecution or action; and, in any of which cases, to be returned by the Coroner, unless he be a party, or interested or related to any party or person interested in such prosecution or action; and, in any of these cases, to be returned by a proper and indifferent person, to be appointed by the Court for that purpose.

And be it further enacted by the authority aforesaid, That in case any person summoned to serve upon the Grand or Petit Jury, at any of the Courts aforesaid, or upon the Jury, in any prosecution, action, or suit, depending in any of the said Courts, shall not appear and serve at the said Courts, according to the said summons, (not having any reasonable excuse to be allowed by the Judges or Justices at such Court,) he shall be fined by the Judges or Justices of such Court in any sum not exceeding the sum of ten pounds, nor less than twenty shillings sterling.

And be it further enacted by the authority aforesaid, That every Sheriff, or other officer, to whom the Venire Facias, or other process or warrant, for the trial of causes, or summoning of Juries, shall be directed, shall, upon his return of every such writ, or other process or warrant, (unless in cases where a special Jury shall be stuck by order or rule of Court, pursuant to this Act,) annex a pannel to the said writ, or process, or warrant, containing the christian and surnames, additions, and places of abode, of a competent number of Jurors, named in such lists, which number of Jurors shall not be less than twenty-four, nor more than forty-eight, without direction of the Judges or Justices of such Court of Session, or one of them, who are hereby respectively empowered and required, if he or they see cause, by order, under his or their respective hand or hands, to direct a greater number; and then such number as shall be so directed shall be the number to be returned to serve on such Jury.

And be it further enacted by the authority aforesaid, That for the trials of all actions or suits depending in any of the said Courts, the name of each and every person who shall be summoned and returned as aforesaid, with his addition, and the place of his abode, shall be written in several and distinct pieces of parchment, or paper, being all as near as may be of equal size and bigness, and shall be delivered unto the officer to be appointed by the Court for that purpose, by the Sheriff, Under Sheriff, or some Agent of his; and shall, by direction and care of such officer, be rolled up all as near as may be, in the same manner, and put together in a box or glass, to be provided for that purpose; and when any cause shall be brought on to be tried, some indifferent person, by direction of the Court, may and shall, in open Court, draw out twelve of the said parchments or papers, one after another; and if any of the persons, whose names shall he so drawn, shall not appear, or shall be challenged, and such challenge allowed, then such person shall proceed to draw other parchments or papers from the said box, till twelve indifferent persons shall be drawn; which twelve indifferent persons being sworn shall be the Jury to try the said cause: and the names of the persons so drawn and sworn shall be kept apart by themselves in some other box or glass, to be kept for that purpose, till such Jury shall have given in their verdict, and the same is recorded, or until such Jury shall, by consent of the parties, or leave of the Court, be discharged; and then the same names shall be rolled up again, and returned to the former box or glass, there to be kept, with the other names remaining at that time undrawn, and so toties quoties, as long as any cause remains then to be tried.

And be it farther enacted by the authority aforesaid, That it shall and may be lawful to and for the Superior Court of Assize, and Court of Common Pleas, upon motion made on behalf of his Majesty, his heirs or successors, or on the motion of any prosecutor or defendant, in any indictment or information for any misdemeanor depending, or to be brought or prosecuted in the said Court, or on the motion of any plaintiff or plaintiffs, defendant, or defendants, in any action, cause, or suit whatsoever, depending, or to be brought and carried on in the said Court, and the said Court is hereby authorized and required, upon motion as aforesaid, in any of the cases before mentioned, to order and appoint a Jury to be struck for the trial of any issue joined in any of the said cases, and triable by a Jury of twelve men, by such officer of the said Court as the Court shall appoint; and for that purpose the Sheriff, or his Deputy, shall attend such officer with the duplicate of the lists of persons qualified to serve on Juries; and such officer shall thereupon take down, in writing, from the said duplicate, the names of forty-eight persons qualified to serve on Juries, with their additions, and places of abode, a copy whereof shall forthwith be delivered to the prosecutors or plaintiffs, their attorneys or agents, and another copy thereof to the defendants, their attorneys or agents, in such prosecutions and causes; and the said officer of the Court aforesaid shall, at a time to be fixed by him for that purpose, strike out the names of twelve of the said persons at the nomination of the prosecutors or plaintiffs, their attorneys or agents, and also the names of twelve others of the said persons, at the nomination of the said defendants in such prosecutions and suits, and the twenty-four remaining persons shall be struck and summoned, and returned to the said Court as Jurors, for the trial of such issues.

Provided always, That in case the prosecutors or plaintiffs, or defendants, their attorneys or agents, shall neglect or refuse to attend the officer at the time fixed for striking the names of twenty-four persons as aforesaid, or nominate the persons to be struck out, then, and in such case, the said officer shall, and he is hereby required to strike out the names of such number of the said persons as such prosecutors or plaintiffs, or defendants, might have nominated to be struck out.

And be it further enacted, That the person or party who shall apply for such special Jury as aforesaid, shall not only bear and pay the fees for striking such Jury, but shall also pay and discharge all the expenses occasioned by the trial of the cause by such Special Jury, and shall not have any further or other allowance for the same, upon taxation of costs, than such person or party would be entitled unto in case the cause had been tried by a Common Jury, unless the Judge, before whom the cause is tried, shall, immediately after the trial, certify, in open Court, under his hand, upon the back of the record, that the same was a cause proper to be tried by a Special Jury.

And be it further enacted by the authority aforesaid, That, in all actions brought in any of the said Courts, where it shall appear to the Court in which such actions are depending, that it will be proper and necessary that


text:
United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 11

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

(a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name—or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
 * (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
 * (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
 * (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
 * (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

(c) Sanctions.
 * (1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11 (b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
 * (2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11 (b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney’s fees, incurred for the motion.
 * (3) On the Court’s Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11 (b).
 * (4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation.
 * (5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction:
 * (A) against a represented party for violating Rule 11 (b)(2); or
 * (B) on its own, unless it issued the show-cause order under Rule 11 (c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.
 * (6) Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.

(d) Inapplicability to Discovery. This rule does not apply to disclosures and discovery requests, responses, objections, and motions under Rules 26 through 37.


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111 the Jurors who are to try the issues in any such actions, should have the view of the messages, lands, or place in question, in order to their better understanding the evidence that will he given upon the trial of such issues; in every such case the respective Courts in which such actions shall he depending, may order the Jury to the place in question, who then and there shall have the matters in question shewn them by two persons to be appointed by the Court; and the special costs of all such views as allowed by the Court, shall, before the trial, be paid by the party who moved for the view, (the adverse party not consenting thereto;) and shall at the taxation of the bill of costs, have the same allowed him, upon his recovering judgement in such trial; and upon all views with the consent of parties, ordered by the Court, the costs thereof, as allowed by the Court, shall, before trial, be equally paid by the said parties; and in the taxation of the bill of costs, the party recovering judgment shall have the sum by him paid, allowed to him; any law, usage, or custom, to the contrary notwithstanding.

And be it further enacted by the authority aforesaid, That if any action shall be brought against any Sheriff, for what he shall do in execution, or by virtue of this Act, he may plead the general issue, and give the special matter in evidence; and if a verdict shall be found for him, he shall recover treble costs.

IV. BILL FOR THE IMPARTIAL ADMINISTRATION OF JUSTICE I1V THE PROVINCE OF MASSACHUSETTS BAY. HOUSE OF COMMONS. MONDAY, March 28, 1774. The House having had under consideration, in Committee of the Whole, on Friday, the '25th instant, the King's Message of die 7th, and sundry other Papers, received the Report this day, and granted leave to bring in the Bill lor the better regulating the Government of the Province of Massachusetts Hay. Sir Charles IVhit worth, then acquainted the House that he was directed by the Committee to move, that they may have leave to sit again. Resolved, That this House will, upon Wednesday fortnight, the 13th day of April next, resolve itself into a Committee of the whole House, to consider further of the said Message and Papers. WEDNESDAY, April 13, 1774. The order of the day, for considering the Message and Papers, in a Committee of the whole House, was read: Resolved, That this House will, upon Friday morning next, resolve itself into the said Committee. FRIDAY, April 15, 1774. The Lord North presented to the House, by his Majesty's command, No. 1. Copy of a Letter from Governor Hutchinson to the Earl of Dartmouth, dated Boston, 14th February, 1774; received 5th of April, enclosing, No. 2. Copy of Governor Hutchinson' s Speech to the Council and House of Representatives; and their Answer. No. 3. Copy of a Requisition from the House of Representatives of Massachusetts Bay, to the Judges of the Superior Court. No. 4. Copy of a Remonstrance of the House of Representatives of Massachusetts Bay, against the Chief Justice. No. 5. Copy of the Vote of the Council and House of Representative* of Massachusetts Bay, for adjourning the Superior Court, not consented to by the Governor. No. G. Copy of Governor Iliitchinson's Answer to the Remonstrance of the House of Representatives, against the Chief Justice. Together with a list of the said Papers. And the said list was read: Ordered, That the said Papers be referred to the consideration of the Committee of the whole House, to whom it is referred to take into further consideration his Majesty's most gracious Message of Monday, the 7th day of march last, together with the Papers which were presented to the House by the Lord North, upon the 7th and llth da_s of March last, by his Majesty's command. The order of the day, for the House to resolve itself into a Committee of the whole on the said Message and Papers, was read, and The House resolved itself into the said Committee, Sir Charles Jfkitworth in the Chair. The Papers presented this day were then read: when the reading was finished, Lord North rose, and said, he meant now to propose a third Bill, which he hoped woulc' effectually secure the. Province of Massachusetts Bay from future disturbances. The Bill that he meant to propose was, to give every man a fair and impartial trial; that the Juries of that country it was true, were not established after the manner in which our Juries here were, and therefore were not so likely to give to each offender that impartial trial, which, by the laws of this country, he was entitled to; for if it shall be found in that country, that a man is not likely to meet with a fair and impartial trial, the Governor will be empowered to send him to any of the other Colonies, where the same kind of spirit has not prevailed; but if it shall be thought that he cannot have such fair and impartial trial in any of the Colonies, in that case he is to be sent to Great Britain, to ho tried before the Court of King's Bench, the expenses of which trial were to be drawn for on the Customs in England. Unless such a Bill as this now proposed should pass into a law, the Executive power will be unwilling to act, thinking they will not have a fair trial without it. I would not, said his Lordship, wish to see the least doubt or imperfection remain in the plan which we have adopted: if there does, the consequence may be that it may produce bloodshed; that the whole plan may be clear and decisive; that every part of it may be properly supported; and 1 mm that such a measure as this, which we have now taken, will shew to that country, that this nation is roused to defend their rights, and protect the security of peace in its Colonies; and when roused, that the measures which they take are not cruel nor vindictive, hut necessary and efficacious. Temporary distress requires temporary relfef; I shall therefore only propose this Bill for the limited time of three or four years. We must consider, that every thing that we have that is valuable to us is now at stake; and the question is very shortly this: Whether they shall continue the subjects of Great Britain or not? This I propose as the last measure that Parliament will take; after which, it requires, that his Majesty's servants shall be vigilant in the execution of their duty, and keep a watchful eye over every encroachment against the power we shall now pass, and not suffer the least degree of disobedience to our measures to take place in that country. Such a watchful and careful eye to prevent the first rise of disobedience, may be a sure peventive against future mischiefs. The customary relief


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Rh were, I think, the only three white men with the cattle, but the myalls readily helped them, and were wonderfully quick in finding out how to make themselves useful. He gave them one or two calves too young to travel, and he assured me they never attempted to touch any others. He parted company with this tribe on arriving near the junction of the Thompson and Barcoo, and travelled up the latter river to his country. This was at the time apparently a sort of debatable land between different tribes—and it was certainly frequented by the blacks who hunted further up the river, where they had been hunted down and shot like dogs for years before Welford's death. When he told me what I have narrated above, Mr. Weford had sufficiently established himself on his country to be able to leave the cattle in charge of others. He was quite confident that he would be able to manage the blacks safely, but foolishly refused to recognise the danger he incurred by the action of the whites further up the river, and more especially by the extension in his direction of the 'patrols' of the black police. No man knows the exact particulars of his death, which occurred some considerable time afterwards, for he was alone at the time, having sent his only white companion away on an errand. His body was found floating in the waterhole, with the marks of blacks clubs on his head. But we, who were camped on the country even before he reached it, incurred no loss but some trifling pilferings, checked easily, and, except in one instance, without effusion of blood, and this I am thoroughly convinced was due to the fact that the black police had not reached us, and the camps were under the charge of conscientious men, who would not permit unprovoked molestation of the savages. But further up the river this was not the case. Blacks were shot—well, simply because they were blacks. The police extended their 'patrol,' and I need not tell you what that means. In consequence of all this poor Welford was killed, probably by a tribe that had been 'dispersed,' and were seeking for the first unsuspecting white they could find to revenge the death of their friends. It is the same old story that goes on repeating itself to the present day. The man who shoots blacks to try the range of his rifle, or to gratify the mere pleasure that some men seem to experience in hunting down human beings as a sort of game, escapes punishment. He never falls under the blacks' spears or clubs. But his neighbor, who is an upright and humane man, pays the penalty. He knows the blacks—he knows that in their natural state they have a clear idea of justice, and relies on it in his dealings with them. But his calculations are upset when the tribe in whose country he is living is driven mad by experiencing the sort of 'justice' the native police and some of the white settlers give them. The blacks pay the Europeans a high compliment—they abandon their own habits and adopt ours—and they show what apt scholars they are by braining the first unoffending and friendly white man they can find. Until some equitable system such that proposed by the Queenslander is adopted, outsiders must die as poor Welford died, or take part in the disgusting and murderous hunting down of the wretched feeble savages that is constantly going on. The Barcoo, for some years before Mr. Welford's death, admirably illustrated the working of the different systems. The head of it was occupied in the first instance by gentlemen who did what the Queenslander urges—they defended their own property, but let the blacks when harmless rigorously alone. There were few wild blacks killed, and only under conditions that the tribes themselves would admit were just. The whites lost no lives, and little property. In a very short time the myalls understood the conditions of peace, and from that time forward there was absolute safety for the whites. I lived in that part of the district, and have slept alone in a log hut, with a big hole in the logs, within 400 yards of a camp of probably as many blacks, the majority being pure myalls, who were in a state of furious excitement over some tribal quarrel, and was never in a moment's danger of being disturbed. I have ridden alone and unarmed among hundreds of them, miles from any other white man, and far from the road or track, where they could easily have knocked me over—indeed, I have pulled up my horse to talk to individuals, and had scores of them crowding round, all naked, painted, and with their spears and nullas in their hands. Yet I was quite safe, simply because the blacks knew that if they touched me they would be severely punished, but that if they left the whites alone they would be safe. And, what will seem to town readers more strange, I knew well a black 'boy' who bore the scars of his master's bullets, fired at him when he was a myall, as punishment for having taken part in spearing some cattle. That black and his tribe had from the first admitted the justice of the punishment, and the squatter who shot him had no more attached follower in after years—when the tribe was let in—than the young man who bore the mark of his bullet. And although this occurred a good many years ago, and the gentleman in question must have exposed himself hundreds of times to

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 THE remarkable fertility shown by the new idea, based on the experimental fact of the discontinuous corpuscular structure of electrical charges, appears to be the most striking characteristic of the recent progress in electricity.

The consequences extend through all parts of the old physics; especially in electromagnetism, in optics, in radiant heat; they throw a new light even on the fundamental ideas of the Newtonian mechanics, and have revived the old atomistic ideas and caused them to be lifted from the rank of hypotheses to that of principles, owing to the proper relation which the laws of electrolysis have established between the discontinuous structure of matter and that of electricity.

Without seeking here to run through the whole field of their applications, I hope to indicate upon what solid foundations, both experimental and theoretical, rests at present the notion of the electron so fundamental to the new physics; to indicate the points which seem to require more complete light, and to show how vast is the synthesis which we can hope to attain, a synthesis whose main lines only are fixed to-day.

Under actual and provisional form, this synthesis constitutes an admirable instrument of research, and owing to it the questions extend in all directions. There is there a kind of New America, full of wealth yet unknown, where one can breathe freely, which invites all our activities, and which can teach many things to the Old World.

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I. The Electromagnetic Ether
(1) Fields and Charges. One can say that the combined efforts of Faraday, Maxwell, and Hertz have resulted in giving us a precise knowledge of the properties of the electromagnetic ether, and of light; of a medium, homogeneous and void of matter, whose state is completely defined, with the exception of gravitation, when we know at any point the direction and magnitude of the electric and magnetic fields.

I insist, for the present, on the possibility of arriving at a conception of fields of force, as well as the related idea of electric charges, independently of all dynamics; I wish by this to imply only a knowledge of the laws of motion and of matter. The two fields possess this property, that their divergence is zero in all parts of the ether; that is to say, the flux of electric and magnetic force is rigorously zero across a closed surface which does not contain any matter in its interior. It is in fact always matter in the ordinary sense of the word which contains and can furnish the electric charges around which the divergence of field exists whose direction varies with the sign of the charges.

In extreme cases where the electric charges appear to be most completely separated from their material support, as in the case of the cathode rays for example, the experimental fact of the granular structure of these rays and the complete indestructibility of their charge, the fact finally that cathodic particles are charges possessing the fundamental property of matter, inertia, and experiencing acceleration in the electromagnetic field, these facts do not allow us to distinguish their charge from the so-called free charge of ordinary electrified matter.

Furthermore, we shall come to the idea not only that there can be no electric charge without matter, but that, in fact, there can be no matter without electricity, an aggregation of electrical centres of the two kinds. Electrons, analogous to the cathode particles, possess almost all the known properties of matter by the fact alone that these centres are electrified. We shall see within what limits this conception can be considered sufficiently known, and if it is necessary to superimpose other properties on those which result from electrically charged centres in order to obtain a satisfactory representation of matter; the ether alone, on the contrary, never contains any electricity. If experiment obliges us to admit the existence of electric charges, positive and negative, from the flux of electric force different from zero across a closed surface drawn entirely in the ether and containing matter, it is otherwise for the magnetic field. Experiment has never furnished an instance where a closed surface drawn in the ether was traversed by a magnetic field different from zero. One

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 interesting phenomenon observed recently by P. Villard in the effect of an intense magnetic field on the production of the cathode rays, appears to receive a simple explanation in the hypothesis of free magnetic charges; but it is not certain that this hypothesis is necessary.

(2) The Equations of Hertz. The two fields, electric and magnetic, of which the ether can be the seat, are related to one another in such a manner that one of them can exist only on the condition that the other varies; all variations of an electric field produce a magnetic field; it is the displacement current of Maxwell: and all variations of the magnetic field produce an electric field; this is the phenomenon of induction discovered by Faraday. These two relations are expressed by Hertz's equations; they sum up completely our knowledge of the electromagnetic medium, and from these it results that all disturbances of this medium are propagated with the velocity of light. Hertz had the glory of proving this fact experimentally.

(3) Energy. We can now say that the ether is the seat of two distinct forms of energy, the electric and the magnetic, capable of transformation from the one into the other, but only through matter as an intermediary, that is to say, by means of the electrified centres which it contains.

In the ether alone, in fact, in the free radiation which it propagates, the electric and magnetic fields, transverse with respect to the direction of propagation, represent always equal energies in each element of volume, without oscillation of the energy from one form to the other. In the presence of matter, on the other hand, the electric energy can exist alone, and it is the motion of electrified centres which allows the transformation into magnetic energy, and ''vice versa. Matter only can be the source of radiation''.

It is necessary, to the two preceding forms of energy, to add gravitation, which corresponds probably to a third mode of activity of the ether, whose connection with the two others is still obscure.

I insist here on the point that the principle of equivalence of various forms of energy, as far as the process allows of measurement, can be attained independently of all dynamical notions, by the process of using solely material systems in equilibrium.

One can find some information on this subject in a recent exposition by M. Perrin.

(4) The Theory of Lorentz. The ether being thus completely known to us from the electromagnetic and optical point of view, the problem which follows as a continuation of the work of Maxwell and of Hertz is that of the connection between ether and matter, inert matter, the source and recipient of the radiations which the ether

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 transmits. The connection sought for is furnished us by the electron or corpuscle, an electrical centre movable with respect to the ether, and carrying with it its divergent electric field.

This was the fundamental idea which caused Lorentz to conceive of the possibility of a relative displacement of electrified centres of divergence of the electric field, and of the ether considered as immovable. This displacement takes place without any change in the amount of the charge, that is to say, that the surface which is displaced in the ether with the electron is crossed by an electric flux which is completely invariable. It is the fundamental principle of the conservation of electricity, which will perhaps absorb the principle of the conservation of matter, as we cannot have matter without electricity. It is, however, probable that electricity alone is not sufficient to constitute matter.

We have actually no very precise information of the relative displacement of charges and of the ether, of electrified centres in an immovable medium, no tangible form under which we can conceive it. The attempts which have thus far been made to obtain a concrete representation, in order to give a material structure to the ether, have all been sterile of results. Perhaps there is a difficulty which belongs to the actual constitution of our minds, habituated by our secular evolution to think through matter, unable to form a concrete representation which is not material; also it seems scarcely reasonable to seek to construct a simple medium such as the ether by considering it to spring from a complex and various medium like matter. I believe it will be necessary to think ether, to conceive of it independently of all material representations, by means of those electromagnetic properties which put us in contact with it. I will return to this point later in reference to the mechanical theories of the ether.

If the electric charge is assumed to have a volume distribution in a portion of the medium, the principle of the conservation of electricity, and also the possibility of relative displacement of electricity and ether, makes it necessary for us, in this portion of space, to modify the equations of Hertz relative to the displacement current by the addition of a convection current, a necessary consequence of the existence of a displacement current connected with a motion of charges, and implying the production of a magnetic field by the motion of electrified bodies across the medium. This consequence of Hertz's equations has now received complete experimental confirmation.

Moreover, the experimental facts impose on these movable charges a discontinuous, granular structure, and lead to the idea of the electron as a singular region of the ether, carrying a charge equal to that of the hydrogen atom in electrolysis, but of different sign, and distributed on the surface or in the volume of the electron

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 according as the intensity of the electric field is supposed to present, or not, a discontinuity when it crosses the surface which limits the volume occupied by the electron. Inertia, of electromagnetic origin, which we are about to refer to a similar centre, is opposed also, under the difficulty of its becoming infinite, to the hypothesis of a finite electric charge condensed in a point without extension.

The various considerations, more and more precise, all converging toward this notion of the atomic structure of charges, form the starting-point of all recent works on electricity.

II. The Atom of Electricity
(6) The Electron. The remarkable laws of electrolysis discovered by Faraday establish an intimate and necessary connection between the atomic structure of matter and that of electricity. They were sufficient to lead Helmholtz to conceive the latter as constituted of distinct, indivisible portions, elements of charge, all identical from the point of view of the quantity of electricity which they carry, and differing only in the sign. This elementary charge is equal to that carried by a monovalent atom or radical in electrolysis; a polyvalent atom or radical carries an equivalent number of such charges.

It was Johnstone Stoney who first used the word electron to designate atoms of electricity as distinct from matter, with which they combine to furnish the electrolytic ions. The presence of similar electrons combined with material atoms allows us to represent certain peculiarities of the spectrum, the existence of doublets of like frequencies; the electron, in motion, is thus considered as the origin of the emission of all luminous rays.

(7) Gaseous Conductors. But there are the researches on the electrical conductivity of gases, which have presented to us in a forcible manner the idea of electrical atoms, which have made this notion more tangible by allowing us to count these electric centres, to lay hold of them individually, and to measure for the first time the charge of each of them in absolute value.

As early as 1882, Giese, in observing the peculiarities of the conductivity of gases escaping from flames, the departure from Ohm's law, the impossibility of drawing from the gas, whatever might be the electric field employed, more than a limited amount of electricity of each kind, the progressive recombination of the free charges in the gas, had expressed in a precise manner the idea, that as in electrolytes the free electric charges in a gas are carried by distinct positive and negative centres in limited numbers, capable of moving in opposite directions under the action of an external electric field in order to discharge the electrified body which produces the field.

It is difficult, in fact, to conceive how, on the hypothesis that the

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 charges are distributed in a continuous manner in space, a mass of gas electrically neutral could furnish a limited quantity of electricity of each kind, decreasing with the time by progressive recombination if one delays the establishment of the electric field in the gas.

It is indeed necessary to admit, for the two electricities, a discontinuous structure in order to allow their coexistence without completely neutralizing one another. The progressive recombination of the charged particles or ions of two kinds would produce this neutralization at the moment of their mutual collisions.

The phenomena of the saturation current, of the limited quantity of free electricity in a gas, were obtained under conditions most favorable to experimental study, when, immediately after the discovery of Roentgen rays and like radiations, one had recognized their property of making the gas they traversed a conductor of electricity. The limited charge which we can extract from a gas thus modified, the velocity, finite and easily measured, with which they move under the action of an electric field, their progressive recombination, are interpreted in an admirable manner on the hypothesis that the radiations, as well as the intense heat agitations in a flame, dissociate a certain number of the molecules of the gas into electrified parts carrying charges of opposite kinds.

(8) The Phenomena of Condensation. We know how the phenomena of condensation of supersaturated water vapor in the presence of a conducting gas, already referred by H. von Helmholtz to the presence of ions, has given the preceding hypothesis a brilliant confirmation. As a result of the researches of J. J. Thomson, Townsend, C. T. R. Wilson, and H. A. Wilson, these droplets of visible water, each formed by condensation around an electrified centre, bring forward a tangible witness to the existence of these centres, and furnish a means of measuring the individual charge, present on each drop of water formed, and equal to about 3.4 x 10-10 electrostatic units of electricity according to the recent measurements of J. J. Thomson and H. A. Wilson.

The fundamental idea in these kinds of measurements, applied for the first time by Townsend to the charged drops which are produced in the presence of saturated water vapor in recently prepared gases, consists in deducing the mass of each drop from its velocity of fall under the action of gravity by means of Stokes's formula, which gives the frictional resistance of a sphere moving through a viscous medium, and which expresses the velocity of fall in terms of the radius of the drop and consequently of its mass. We can obtain from this the electric charge carried by each drop if we know the ratio of this charge to the mass.

This ratio can be obtained, as was done by Townsend and J. J. Thomson, by measuring or calculating the total mass of water carried

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 by the droplets, considered as uniform, as well as the total quantity of electricity carried by the ions which have served as centres for the formation of the drops. The charge thus obtained by Townsend was found to be 3 × 10-10 electrostatic units for each centre in the case of gases of electrolysis, and to 6.5 × 10-10 by J. J. Thomson from the first series of measurement on gases ionized by Roentgen rays.

H. A. Wilson obtained the ratio of charge to the mass of a drop more simply by comparing the velocity of fall under the action of gravity alone with the velocity of fall in a vertical electric field. He obtained thus directly the ratio sought for. This method has the advantage of showing that the electric charges are really carried by the drops, and of separating those drops which carry a single elementary charge from those which, by diffusion of the ions toward one another, carry a double or triple charge.

Wilson gives as the mean result of his measurements 3.1 × 10-10, a value very near to that of Townsend.

A second series of experiments by Professor J. J. Thomson, in which he used radioactive substances as sources of ionization more constant than the Crookes tube, and in which he took care to cause the drops to form on all the ions present in the gas, by producing a supersaturation of the water vapor by a rapid expansion of sufficient magnitude to cause the condensation on the ions of both kinds, gave as a mean result 3.4 × 10-10, a value in complete agreement with the other two experimenters. The principles of thermodynamics account perfectly for the influence of electrified centres on the condensation of water vapor: the electric charge of a drop in fact diminishes the pressure of water vapor in equilibrium with it. Moreover, the least supersaturation found necessary, by C. T. R. Wilson, for the formation of drops of water on the ions, which are the same whatever may be the means of producing them (Roentgen rays, Becquerel rays, brush discharge, action of ultra-violet light on metal negatively charged), allows us by purely thermodynamical reasoning to calculate approximately the charge carried by each of the ions, and this calculation, entirely distinct from direct measurement, gives in the case of the positive centres a value of 4 × 10-10 E. S. units.

(9) The Radiation Integral. More surprising still is the result recently obtained by H. A. Lorentz, who succeeded in basing a precise measurement of the elementary charges carried by the electrified centres present in metals on the experimental study of the radiation integral or black body radiation.

We will see how the emission and absorption of heat- and lightwaves by matter are dependent on the presence in it of electrons in motion. The ratio, for a radiation of given wave-length, between the emissive and absorptive power, a ratio independent of the nature

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 of the substance, represents the emissive power of the radiation integral, which bolometric measurements give directly.

Now this ratio can be calculated, as Lorentz has shown, for wavelengths which are long in comparison with the mean path of free electrons in the metal, as a function of the charge carried by each of them. The comparison of these results with those of Kurlbaum furnishes an entirely new method of obtaining this charge, and gives 3.7 × 10-10 E. S. units.

(10) The Kinetic Theory. Finally, the last confirmation, which states more precisely still our knowledge of the electric atom, and our confidence in this fundamental idea, Townsend, through comparing by the simple reasoning of the kinetic theory the velocities of ions in a gas under the action of an electric field with their coefficient of diffusion through the interior of the gas, two quantities directly measurable by experiment, has been able to demonstrate the identity of the charge of one of these gaseous ions with the electric atom of Helmholtz, the charge of a monovalent atom in electrolysis.

From this comes directly a new confirmation of the values previously obtained, for it allows us to know, owing to Townsend's results, the charge on an atom in electrolysis, and from it to deduce immediately the constant of Avogadro, the number of molecules contained in a given volume of a gas. The results are well in agreement with the values of this constant (in general a little greater), which we can directly deduce from the kinetic theory of gases.

Here is an important group of concordant indications, all of absolutely distinct origin, which show without doubt the granular structure of electric charges, and consequently the atomic structure of matter itself. The measurements which I have just enumerated allow us to establish, in great security, the hypothesis of the existence of molecular masses.

I seek to point out here this extremely remarkable result, which belongs without doubt to some fundamental property of the ether and of the electrons, that all these electrified centres, whatever may be their origin, are now identical from the point of view of the charge which they carry.

It is necessary for us to penetrate further into their properties, into their relations with material atoms, to determine their relative sizes, in order to add among others to the more exact ideas which we possess in this field, that the electrons, or negative cathode corpuscles, are all identical not only from the point of view of their charge, but also from the point of view of their dynamic properties and of their masses. We are unhappily not so well informed in regard to the positive centres.

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 to C in fig. 1 corresponds to a path formed of lines in fig. 2 and extending from F to C, and the resultant of all the stresses in the links cut by the path is represented by FC in fig. 2.

Many examples of stress diagrams are given in the article on (q.v.).

Automatic Description of Diagrams.

There are many other kinds of diagrams in which the two co-ordinates of a point in a plane are employed to indicate the simultaneous values of two related quantities. If a sheet of paper is made to move, say horizontally, with a constant known velocity, while a tracing point is made to move in a vertical straight line, the height varying as the value of any given physical quantity, the point will trace out a curve on the paper from which the value of that quantity at any given time may be determined. This principle is applied to the automatic registration of phenomena of all kinds, from those of meteorology and terrestrial magnetism to the velocity of cannon-shot, the vibrations of sounding bodies, the motions of animals, voluntary and involuntary, and the currents in electric telegraphs.

In Watt’s indicator for steam engines the paper does not move with a constant velocity, but its displacement is proportional to that of the piston of the engine, while that of the tracing point is proportional to the pressure of the steam. Hence the co-ordinates of a point of the curve traced on the diagram represent the volume and the pressure of the steam in the cylinder. The indicator-diagram not only supplies a record of the pressure of the steam at each stage of the stroke of the engine, but indicates the work done by the steam in each stroke by the area enclosed by the curve traced on the diagram.

 DIAL and DIALLING. Dialling, sometimes called gnomonics, is a branch of applied mathematics which treats of the construction of sun-dials, that is, of those instruments, either fixed or portable, which determine the divisions of the day (Lat. dies) by the motion of the shadow of some object on which the sun’s rays fall. It must have been one of the earliest applications of a knowledge of the apparent motion of the sun; though for a long time men would probably be satisfied with the division into morning and afternoon as marked by sun-rise, sun-set and the greatest elevation.

History.—The earliest mention of a sun-dial is found in Isaiah xxxviii. 8: "Behold, I will bring again the shadow of the degrees which is gone down in the sun-dial of Ahaz ten degrees backward." The date of this would be about 700 years before the Christian era, but we know nothing of the character or construction of the instrument. The earliest of all sun-dials of which we have any certain knowledge was the hemicycle, or hemisphere, of the Chaldaean astronomer Berossus, who probably lived about 300 It consisted of a hollow hemisphere placed with its rim perfectly horizontal, and having a bead, or globule, fixed in any way at the centre. So long as the sun remained above the horizon the shadow of the bead would fall on the inside of the hemisphere, and the path of the shadow during the day would be approximately a circular arc. This arc, divided into twelve equal parts, determined twelve equal intervals of time for that day. Now, supposing this were done at the time of the solstices and equinoxes, and on as many intermediate days as might be considered sufficient, and then curve lines drawn through the corresponding points of division of the different arcs, the shadow of the bead falling on one of these curve lines would mark a division of time for that day, and thus we should have a sun-dial which would divide each period of daylight into twelve equal parts. These equal parts were called temporary hours; and, since the duration of daylight varies from day to day, the temporary hours of one day would differ from those of another; but this inequality would probably be disregarded at that time, and especially in countries where the variation between the longest summer day and the shortest winter day is much less than in our climates.

The dial of Berossus remained in use for centuries. The Arabians, as appears from the work of Albategnius, still followed the same construction about the year 900. Four of these dials have in modern times been found in Italy. One, discovered at Tivoli in 1746, is supposed to have belonged to Cicero, who, in one of his letters, says that he had sent a dial of this kind to his villa near Tusculum. The second and third were found in 1751—one at Castel-Nuovo and the other at Rignano; and a fourth was found in 1762 at Pompeii. G. H. Martini in his Abhandlungen von den Sonnenuhren der Alten (Leipzig, 1777), says that this dial was made for the latitude of Memphis; it may therefore be the work of Egyptians, perhaps constructed in the school of Alexandria.

Herodotus recorded that the Greeks derived from the Babylonians the use of the gnomon, but the great progress made by the Greeks in geometry enabled them in later times to construct dials of great complexity, some of which remain to us, and are proof not only of extensive knowledge but also of great ingenuity.

Ptolemy’s Almagest treats of the construction of dials by means of his analemma, an instrument which solved a variety of astronomical problems. The constructions given by him were sufficient for regular dials, that is, horizontal dials, or vertical dials facing east, west, north or south, and these are the only ones he treats of. It is certain, however, that the ancients were able to construct declining dials, as is shown by that most interesting monument of ancient gnomics—the Tower of the Winds at Athens. This is a regular octagon, on the faces of which the eight principal winds are represented, and over them eight different dials—four facing the cardinal points and the other four facing the intermediate directions. The date of the dials is long subsequent to that of the tower; for Vitruvius, who describes the tower in the sixth chapter of his first book, says nothing about the dials, and as he has described all the dials known in his time, we must believe that the dials of the tower did not then exist. The hours are still the temporary hours or, as the Greeks called them, hectemoria.

The first sun-dial erected at Rome was in the year 290, and this Papirius Cursor had taken from the Samnites. A dial which Valerius Messalla had brought from Catania, the latitude of which is five degrees less than that of Rome, was placed in the forum in the year 261 The first dial actually constructed at Rome was in the year 164, by order of Q. Marcius Philippus, but as no other Roman has written on gnomonics, this was perhaps the work of a foreign artist. If, too, we remember that the dial found at Pompeii was made for the latitude of Memphis, and consequently less adapted to its position than that of Catania to Rome, we may infer that mathematical knowledge was not cultivated in Italy.

The Arabians were much more successful. They attached great importance to gnomonics, the principles of which they had learned from the Greeks, but they greatly simplified and diversified the Greek constructions. One of their writers, Abu'l Hassan, who lived about the beginning of the 13th century, taught them how to trace dials on cylindrical, conical and other surfaces. He even introduced equal or equinoctial hours, but the idea was not supported, and the temporary hours alone continued in use.

Where or when the great and important step already conceived by Abu'l Hassan, and perhaps by others, of reckoning by equal hours was generally adopted cannot now be determined. The history of gnomonics from the 13th to the beginning of the 16th century is almost a blank, and during that time the change took place. We can see, however, that the change would necessarily follow the introduction of clocks and other mechanical methods of measuring time; for, however imperfect these were, the hours they marked would be of the same length in summer and in winter, and the discrepancy between these equal hours and the temporary hours of the sun-dial would soon be too important to be overlooked. Now, we know that a balance clock was put up in the palace of Charles V. of France about the year 1370, and we may reasonably suppose that the new sun-dials came into general use during the 14th and 15th centuries.

Among the earliest of the modern writers on gnomonics was (q.v.), who published his Horologiographia at Basel in 1531. He gives a number of correct rules, but without demonstrations. Among his inventions was a moon-dial, but this does not admit of much accuracy.

During the 17th century dialling was discussed at great length by many writers on astronomy. Clavius devotes a quarto

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III. Inertia and Radiation
(11) The Electromagnetic Wake. Before going farther it is important to point out what we can draw from the point of view to which we have now come. Electrified centres, whose existence is experimentally proven, whose charge we know in absolute units, are movable with respect to a fixed ether defined according to the equations of Hertz, without its having been necessary for us to have recourse to dynamic principles to arrive at this point of view.

To what extent can the known properties of matter be deduced from these two ideas of the electron and the ether, and is it necessary to add something to them in order to build up a synthesis? We are going to see rapidly and definitely from our idea of the electron, how it is sufficient to represent at the same time the inertia of matter, its dynamic properties, also how it can emit and absorb the radiations which the ether transmits.

The possibility of conceiving of inertia, mass, not as a fundamental idea, but as a consequence of the laws of electromagnetism, is a conception which owes its origin to an important memoir published in 1881 by Professor J. J. Thomson. He studies there, basing his assumptions on the existence of the displacement currents of Maxwell, the electromagnetic field accompanying an electrified sphere in motion. This motion implies a change in the electric field at a point fixed with respect to the medium, and this displacement current immediately produces a magnetic field according to the ideas of Maxwell. The necessity of a convection current is pointed out later. The magnetic field thus produced, identical with that of an element of current parallel to the velocity of the moving charge, is proportional at each point to that velocity, at least, if it does not approach too nearly to that of light.

The creation of a magnetic field at the time of setting the charged centre in motion implies an expenditure of energy, energy of selfinduction of the convection current, proportional to a first approximation to the square of the velocity, for those velocities which are small compared to the velocity of light. It is thus an expression of the same form as that of ordinary kinetic energy. A part, at least, of the inertia of an electrified body, of its capacity for kinetic energy, is thus a consequence of its electric charge.

Moreover, the magnetic field thus produced, and the electric field as well, modified by the velocity as it approaches more nearly to that of light, constitute around the electrified centre in translation a wake which accompanies it in its translation through the ether without change so long as the velocity remains constant. It is besides necessary

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 that an external action should intervene in order to modify the energy of this wake and consequently to increase or diminish the velocity. This implies, in the absence of all other kinetic energy than this of electromagnetic origin, corresponding to the production of the wake, by the law of Galileo on the conservation of the velocity acquired, in the absence of action of all external fields of force, that an electrified centre possesses inertia by the fact alone that it is electrified.

It is the immovable ether, the electromagnetic medium, which serves as a fixed support for the axes with respect to which the principle of inertia is applicable, and of which the ordinary mechanics limits itself in affirming the existence by saying: there exists a system of axes, determined by a nearly uniform translation with respect to which the principle of Galileo is exactly verified.

(12) The Absolute Motion. If we are able, from the actual point of view, to conceive of the ether as supporting these Galilean axes, it does not necessarily follow that the electromagnetic phenomena enable us to arrive at this absolute motion. It seems, on the contrary, so far, that static experiments, carried on in a material system by an observer carried along with it with a uniform motion of translation, do not allow, whatever may be the degree of accuracy of observation, the detection of a relative motion of the ether with respect to matter.

Larmor, and more completely Lorentz, have shown that there exist in the system actions of electromagnetic origin; it is possible to establish in a complete manner a static correspondence (relating to the positions of equilibrium or to the black fringes in optics) between the system in motion and a system fixed with respect to the ether, by means of a change of variables which preserves for the equations of the medium for a moving system the exact form which they possess for a system at rest.

The two systems differ from one another in that the moving system is slightly contracted compared with the fixed system in the direction of the resultant motion by an amount always very small, proportional to the square of the ratio of the velocity of motion to the velocity of light. This contraction affects equally all the elements of the moving system, i. e. the electrons themselves, if we admit with Lorentz that the interior actions of these electrons are solely electromagnetic actions or are modified in the same manner by the translation, - with the result that observation cannot prove this contraction any more than it can prove the general dragging of the ether. These elements behave as though they belonged to a corresponding fixed system. Thus is found an explanation of the negative results of experiments undertaken to show the absolute motion of the earth, by Michelson and Morley, Lord Rayleigh, Brace, Trouton, and Noble, if one admits

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 that all the internal forces of matter are of electromagnetic origin, and that the energy is entirely divided between the two fields, electric and magnetic.

We shall see, however, farther on that it Is difficult to eliminate in this way all other forms of energy, all other forces, such as gravitation; and it would then be necessary to admit with Lorentz, in order that the correspondence between the two systems should actually subsist, that in the moved system the forces and masses of different origins are modified exactly as the electromagnetic forces and masses, an hypothesis too complicated and arbitrary in the actual state of the question.

But this does not seem to be a necessary consequence: it appears probable that these actions, foreign to electromagnetism, and necessary at the interior of the electron in order to give stability and in order to represent gravitation, and which are probably connected with one another, do not intervene in a sensible manner in the negative experiments referred to above, and that everything transpires as if the electromagnetic forces alone played a role, alone existed.

We shall see farther on that perhaps experiments of another kind than those referred to here, for example, some dynamic measurements bringing in a relative motion of the system moved, or some static experiments bringing in gravitation, would enable us to understand the absolute motion, the axes bound to the ether, instead of conceiving simply of their existence.

(13) Electromagnetic Inertia. The problem of the electromagnetic wake accompanying an electrified sphere or ellipsoid in the ether has been taken up since J. J. Thomson by Heaviside and Searle.

Max Abraham has shown their results to consist approximately of a numerical factor when, instead of supposing the body to be a conductor having a surface charge, we suppose its charge to have a uniform volume distribution.

Among the more important results contained in this solution of J. J. Thomson's problem, I will point out these: that in the case of a conducting sphere, the charge remains uniformly distributed on the surface whatever may be the velocity, and that in all cases the electric field at a distance tends to become more and more concentrated in the equatorial plane with respect to the direction of the velocity in proportion as this velocity approaches that of light.

Moreover the kinetic energy which it is necessary to expend at the moment of putting it in motion in order to create the electromagnetic wake ceases to be proportional to the square of the velocity, and increases indefinitely as the velocity approaches the velocity of lightwaves; the law of the increase of this kinetic energy with the velocity, the energy of self-induction of the current to which the charged body in motion is equal, may be easily deduced by Searle's solution.

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United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 12

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

(a) Time to Serve a Responsive Pleading.
 * (1) In General. Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows:
 * (A) A defendant must serve an answer:
 * (i) within 21 days after being served with the summons and complaint; or
 * (ii) if it has timely waived service under Rule 4 (d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States.
 * (B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.
 * (C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.
 * (2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity. The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.
 * (3) United States Officers or Employees Sued in an Individual Capacity. A United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney, whichever is later.
 * (4) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows:
 * (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court’s action; or
 * (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.

(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
 * (1) lack of subject-matter jurisdiction;
 * (2) lack of personal jurisdiction;
 * (3) improper venue;
 * (4) insufficient process;
 * (5) insufficient service of process;
 * (6) failure to state a claim upon which relief can be granted; and
 * (7) failure to join a party under Rule 19.

A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

(c) Motion for Judgment on the Pleadings. After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.

(d) Result of Presenting Matters Outside the Pleadings. If, on a motion under Rule 12 (b)(6) or 12 (c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.

(e) Motion for a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.

(f) Motion to Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:
 * (1) on its own; or
 * (2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

(g) Joining Motions.
 * (1) Right to Join. A motion under this rule may be joined with any other motion allowed by this rule.
 * (2) Limitation on Further Motions. Except as provided in Rule 12 (h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.

(h) Waiving and Preserving Certain Defenses.
 * (1) When Some Are Waived. A party waives any defense listed in Rule 12 (b)(2)–(5) by:
 * (A) omitting it from a motion in the circumstances described in Rule 12 (g)(2); or
 * (B) failing to either:
 * (i) make it by motion under this rule; or
 * (ii) include it in a responsive pleading or in an amendment allowed by Rule 15 (a)(1) as a matter of course.
 * (2) When to Raise Others. Failure to state a claim upon which relief can be granted, to join a person required by Rule 19 (b), or to state a legal defense to a claim may be raised:
 * (A) in any pleading allowed or ordered under Rule 7 (a);
 * (B) by a motion under Rule 12 (c); or
 * (C) at trial.
 * (3) Lack of Subject-Matter Jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.

(i) Hearing Before Trial. If a party so moves, any defense listed in Rule 12 (b)(1)–(7)—whether made in a pleading or by motion—and a motion under Rule 12 (c) must be heard and decided before trial unless the court orders a deferral until trial.


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 Without any other hypothesis than that of its electric charge, the electron is found to have inertia defined as capacity for kinetic energy, but with a particular law of variation of this as a function of the velocity, and this inertia appears to approach infinity as the velocity approaches that of light.

The behavior of this law depends very little on the hypothesis made as to the form of the electron and the distribution of the electric charge which it carries. In all cases it is found to be impossible to give the electron a velocity equal to that of light, at least permanently.

Instead of considering with Max Abraham the electron to be spherical at all velocities, Lorentz admits it to be spherical when at rest and to have a uniform distribution of charge; but if all internal forces are solely electromagnetic or act as such, we have the view that the electron is flattened in the direction of motion by a quantity proportional to the square of the ratio (β=v/V). of its velocity to that of light, becoming an ellipsoid of revolution, the equatorial diameter remaining equal to that of the original. This leads, as we shall see, to a law of inertia different from that of an invariable sphere.

We shall likewise see that it does not appear to be necessary to assign to the electrons, the negative ones at least, any other inertia than this in order to account for the dynamic properties of the cathode rays; however, experiments are not yet sufficiently exact to allow us to infer the form of the electron itself, which depends on the law of the variation of the kinetic energy with the velocity.

(14) Two Problems. We have examined, so far, only the case of an electron in uniform motion in the absence of any external electromagnetic field capable of modifying the motion of the electron by giving it an acceleration.

The general problem of the connection between the ether and the electron, which probably represents the most important of the connections between ether and matter, is double.

In the first place, what is the electromagnetic disturbance in the ether accompanying any given motion of the electrons whatsoever?

In the second place, what motions would free electrons have if displaced in an external magnetic field superimposed on that which constitutes their wake?

(15) The Velocity Wave - The Acceleration Wave. We actually possess all the elements necessary for the solution of the first problem, in which the motion is uniform in a particular case. Lorentz has given in a very simple form the general solution by the use of a delayed potential.

Each element of the charge in motion is determined by its position, its velocity, and its acceleration at the time T, the electric and magnetic fields at the time T + t, on a sphere having for its centre the

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 position at the time T and for radius the path passed over by light during the time t.

Lorentz has given in this way the expressions for the two electric and vector potentials from which the fields can be deduced by the well-known formula. The complete expressions for these fields have been given for the first time, I believe, by Lenard; I obtained them independently at the same time as Schwartzschild by putting them in the following form.

The expressions for the two fields consist of two parts: the first depends solely on the velocity of the element at the time T and contributes to form the wake (sillage) which accompanies the electron in its motion; I shall call this the velocity wave. This velocity wave, which exists only in the case of uniform motion, has its electric field always directed toward the position which the element of charge will occupy at the time T + t, if it had retained from the time T the velocity which it had at that moment. Schwartzschild calls this position the point of aberration. It coincides with the true position of the moving element at time T if the motion has been uniform. The other part of the two fields is proportional to the acceleration projected on the direction of propagation, and the directions of the two fields are there perpendicular to one another, and perpendicular to the radius, at the same time the two electric and magnetic fields represent equal energies per unit volume; they have all the characteristics of a radiation which is freely propagated in the ether. I shall call this part the acceleration wave. Moreover, the intensities of the fields in this case vary inversely as the distance from the centre of emission, the energy represented by this wave does not tend toward zero as the time T increases indefinitely; there is thus energy radiated to infinity by the acceleration wave.

The velocity wave, on the contrary, in which the fields vary inversely as the square of the radius Vt, does not carry any energy to infinity: the energy of the velocity wave accompanies the electron in its motion and corresponds to its kinetic energy.

(16) Radiation implies Acceleration. We can conclude from this that when an electrified centre experiences an acceleration, and only then, it radiates to infinity in the form of a transverse wave, electromagnetic radiation, a definite quantity of energy, proportional per unit of time to the square of the acceleration.

The origin of electromagnetic radiation, of all radiation, is, then, in the electron undergoing acceleration. It is through the electron that matter acts as the source of Hertzian or light waves. All acceleration, all change which takes place in the state of motion of electrons, result in the emission of waves. The character of the emitted waves changes naturally according as the acceleration is abrupt, discontinuous, or periodic.

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