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Rh me probable that the points in question are in some cases, both in man and apes, vestiges of a former condition.

The nictitating membrane, or third eyelid, with its accessory muscles and other structures, is especially well developed in birds, and is of much functional importance to them, as it can be rapidly drawn across the whole eye-ball. It is found in some reptiles and amphibians, and in certain fishes, as in sharks. It is fairly well developed in the two lower divisions of the mammalian series, namely, in the monotremata and marsupials, and in some few of the higher mammals, as in the walrus. But in man, the quadrumana, and most other mammals, it exists, as is admitted by all anatomists, as a mere rudiment, called the semilunar fold.

The sense of smell is of the highest importance to the greater number of mammals—to some, as the ruminants, in warning them of danger; to others, as the carnivora, in finding their prey; to others, again, as the wild boar, for both purposes combined. But the sense of smell is of extremely slight service, if any, even to the dark coloured races of men, in whom it is

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18 much more highly developed than in the white and civilised races. Nevertheless it does not warn them of danger, nor guide them to their food; nor does it prevent the Esquimaux from sleeping in the most fetid atmosphere, nor many savages from eating half-putrid meat. In Europeans the power differs greatly in different individuals, as I am assured by an eminent naturalist who possesses this sense highly developed, and who has attended to the subject. Those who believe in the principle of gradual evolution, will not readily admit that the sense of smell in its present state was originally acquired by man, as he now exists. He inherits the power in an enfeebled and so far rudimentary condition, from some early progenitor, to whom it was highly serviceable, and by whom it was continually used. In those animals which have this sense highly developed, such as dogs and horses, the recollection of persons and of places is strongly associated with their odour; and we can thus perhaps understand how it is, as Dr. Maudsley has truly remarked, that the sense of smell in man "is singularly effective in recalling vividly the ideas and images of forgotten scenes and places."

Man differs conspicuously from all the other primates in being almost naked. But a few short straggling hairs are found over the greater part of the body in the man, and fine down on that of a woman. The different races differ much in hairiness; and in the individuals of the same race the hairs are highly variable, not only in abundance, but likewise in position: thus in some Europeans the shoulders are quite naked, whilst in others they bear thick tufts of hair. There can be little doubt that the hairs thus scattered over the body are the rudiments of the uniform hairy coat of the lower animals. This view is rendered all the more probable, as it is known that fine, short, and pale-coloured hairs on the limbs and other parts of the body,

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Rh become developed into "thickset, long, and rather coarse dark hairs," when abnormally nourished near old-standing inflamed surfaces.

I am informed by Sir James Paget that often several members of a family have a few hairs in their eyebrows much longer than the others; so that even this slight peculiarity seems to be inherited. These hairs, too, seem to have their representatives; for in the chimpanzee, and in certain species of Macacus, there are scattered hairs of considerable length rising from the naked skin above the eyes, and corresponding to our eyebrows; similar long hairs project from the hairy covering of the superciliary ridges in some baboons.

The fine wool-like hair, or so-called lanugo, with which the human fœtus during the sixth month is thickly covered, offers a more curious case. It is first developed, during the fifth month, on the eyebrows and face, and especially round the mouth, where it is much longer than that on the head. A moustache of this kind was observed by Eschricht on a female fœtus; but this is not so surprising a circumstance as it may at first appear, for the two sexes generally resemble each other in all external characters during an early period of growth. The direction and arrangement of the hairs on all parts of the fœtal body are the same as in the adult, but are subject to much variability. The whole surface, including even the forehead and ears, is thus thickly clothed; but it is a significant fact that the palms of the hands and the soles of the feet are quite naked, like the inferior surfaces of all four extremities in most of the lower animals. As this can hardly be an accidental coincidence, the woolly covering of the fœtus probably represents the first permanent coat of hair in those mammals which are born hairy. Three or four cases have been recorded of persons born with their whole bodies and faces thickly covered with fine long hairs; and this strange condition is strongly inherited, and is correlated with an abnormal condition of the teeth. Prof. Alex. Brandt informs me that he has compared the hair from the face of a man thus characterised, aged thirty-five, with the lanugo of a fœtus, and finds it quite similar in texture; therefore, as he remarks, the case may be attributed to an arrest of development in the hair, together with its continued growth. Many delicate children, as I have

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20 been assured by a surgeon to a hospital for children, have their backs covered by rather long silky hairs; and such cases probably come under the same head.

It appears as if the posterior molar or wisdom-teeth were tending to become rudimentary in the more civilised races of man. These teeth are rather smaller than the other molars, as is likewise the case with the corresponding teeth in the chimpanzee and orang; and they have only two separate fangs. They do not cut through the gums till about the seventeenth year, and I have been assured that they are much more liable to decay, and are earlier lost than the other teeth; but this is denied by some eminent dentists. They are also much more liable to vary, both in structure and in the period of their development, than the other teeth. In the Melanian races, on the other hand, the wisdom-teeth are usually furnished with three separate fangs, and are generally sound; they also differ from the other molars in size, less than in the Caucasian races. Prof. Schaaffhausen accounts for this difference between the races by "the posterior dental portion of the jaw being always shortened" in those that are civilised, and this shortening may, I presume, be attributed to civilised men habitually feeding on soft, cooked food, and thus using their jaws less. I am informed by Mr. Brace that it is becoming quite a common practice in the United States to remove some of the molar teeth of children, as the jaw does not grow large enough for the perfect development of the normal number.

With respect to the alimentary canal, I have met with an account of only a single rudiment, namely the vermiform appendage of the cæcum. The cæcum is a branch or diverticulum of the intestine, ending in a cul-de-sac, and is extremely long in many of the lower vegetable-feeding mammals. In the marsupial koala it is actually more than thrice as long as the whole body. It is sometimes produced into a long gradually-tapering point, and is sometimes constricted in parts. It appears as if, in consequence of changed diet or habits, the cæcum had become much

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Rh shortened in various animals, the vermiform appendage being left as a rudiment of the shortened part. That this appendage is a rudiment, we may infer from its small size, and from the evidence which Prof. Canestrini has collected of its variability in man. It is occasionally quite absent, or again is largely developed. The passage is sometimes completely closed for half or two-thirds of its length, with the terminal part consisting of a flattened solid expansion. In the orang this appendage is long and convoluted: in man it arises from the end of the short cæcum, and is commonly from four to five inches in length, being only about the third of an inch in diameter. Not only is it useless, but it is sometimes the cause of death, of which fact I have lately heard two instances: this is due to small hard bodies, such as seeds, entering the passage, and causing inflammation.

In some of the lower Quadrumana, in the Lemuridæ and Carnivora, as well as in many marsupials, there is a passage near the lower end of the humerus, called the supra-condyloid foramen, through which the great nerve of the fore limb and often the great artery pass. Now in the humerus of man, there is generally a trace of this passage, which is sometimes fairly well developed, being formed by a depending hook-like process of bone, completed by a band of ligament. Dr. Struthers, who has closely attended to the subject, has now shewn that this peculiarity is sometimes inherited, as it has occurred in a father, and in no less than four out of his seven children. When present, the great nerve invariably passes through it; and this clearly indicates that it is the homologue and rudiment of the supra-condyloid foramen of the lower animals. Prof. Turner estimates, as he informs me, that it occurs in about one per cent. of recent skeletons. But if the occasional development of this structure in man is, as seems probable, due to reversion, it is a return to a very ancient state of things, because in the higher Quadrumana it is absent.

There is another foramen or perforation in the humerus,

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22 occasionally present in man, which may be called the inter-condyloid. This occurs, but not constantly, in various anthropoid and other apes, and likewise in many of the lower animals. It is remarkable that this perforation seems to have been present in man much more frequently during ancient times than recently. Mr. Busk has collected the following evidence on this head: Prof. Broca "noticed the perforation in four and a half per cent. of the arm-bones collected in the 'Cimetière du Sud,' at Paris; and in the Grotto of Orrony, the contents of which are referred to the Bronze period, as many as eight humeri out of thirty-two were perforated; but this extraordinary proportion, he thinks, might be due to the cavern having been a sort of 'family vault.' Again, M. Dupont found thirty per cent. of perforated bones in the caves of the Valley of the Lesse, belonging to the Reindeer period; whilst M. Leguay, in a sort of dolmen at Argenteuil, observed twenty-five per cent. to be perforated; and M. Pruner-Bey found twenty-six per cent. in the same condition in bones from Vauréal. Nor should it be left unnoticed that M. Pruner-Bey states that this condition is common in Guanche skeletons." It is an interesting fact that ancient races, in this and several other cases, more frequently present structures which resemble those of the lower animals than do the modern. One chief cause seems to be that the ancient races stand somewhat nearer in the long line of descent to their remote animal-like progenitors.

In man, the os coccyx, together with certain other vertebræ hereafter to be described, though functionless as a tail, plainly represent this part in other vertebrate animals. At an early embryonic period it is free, and projects beyond the lower extremities; as may be seen in the drawing (Fig. 1) of a human embryo. Even after birth it has been known, in certain rare and anomalous cases, to form a small external rudiment of a tail. The os coccyx is short, usually including only four vertebræ, all anchylosed together: and these are in a

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Rh condition, for they consist, with the exception of the basal one, of the centrum alone. They are furnished with some small muscles; one of which, as I am informed by Prof. Turner, has been expressly described by Theile as a rudimentary repetition of the extensor of the tail, a muscle which is so largely developed in many mammals.

The spinal cord in man extends only as far downwards as the last dorsal or first lumbar vertebra; but a thread-like structure (the filum terminale) runs down the axis of the sacral part of the spinal canal, and even along the back of the coccygeal bones. The upper part of this filament, as Prof. Turner informs me, is undoubtedly homologous with the spinal cord; but the lower part apparently consists merely of the pia mater, or vascular investing membrane. Even in this case the os coccyx may be said to possess a vestige of so important a structure as the spinal cord, though no longer enclosed within a bony canal. The following fact, for which I am also indebted to Prof. Turner, shews how closely the os coccyx corresponds with the true tail in the lower animals: Luschka has recently discovered at the extremity of the coccygeal bones a very peculiar convoluted body, which is continuous with the middle sacral artery; and this discovery led Krause and Meyer to examine the tail of a monkey (Macacus), and of a cat, in both of which they found a similarly convoluted body, though not at the extremity.

The reproductive system offers various rudimentary structures; but these differ in one important respect from the foregoing cases. Here we are not concerned with the vestige of a part which does not belong to the species in an efficient state, but with a part efficient in the one sex, and represented in the other by a mere rudiment. Nevertheless, the occurrence of such rudiments is as difficult to explain, on the belief of the separate creation of each species, as in the foregoing cases. Hereafter I shall have to recur to these rudiments, and shall shew that their presence generally depends merely on inheritance, that is, on parts acquired by one sex having been partially transmitted to the other. I will in this place only give some instances of such rudiments. It is well known that in the males of all mammals, including man, rudimentary mammæ exist. These in several instances have become well developed, and have yielded a copious supply of milk. Their essential identity in the two sexes is likewise shewn by their occasional sympathetic enlargement in both during an attack of the

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24 measles. The vesicula prostatica, which has been observed in many male mammals, is now universally acknowledged to be the homologue of the female uterus, together with the connected passage. It is impossible to read Leuckart's able description of this organ, and his reasoning, without admitting the justness of his conclusion. This is especially clear in the case of those mammals in which the true female uterus bifurcates, for in the males of these the vesicula likewise bifurcates. Some other rudimentary structures belonging to the reproductive system might have been here adduced.

The bearing of the three great classes of facts now given is unmistakeable. But it would be superfluous fully to recapitulate the line of argument given in detail in my 'Origin of Species.' The homological construction of the whole frame in the members of the same class is intelligible, if we admit their descent from a common progenitor, together with their subsequent adaptation to diversified conditions. On any other view, the similarity of pattern between the hand of a man or monkey, the foot of a horse, the flipper of a seal, the wing of a bat, &c., is utterly inexplicable. It is no scientific explanation to assert that they have all been formed on the same ideal plan. With respect to development, we can clearly understand, on the principle of

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Rh variation supervening at a rather late embryonic period, and being inherited at a corresponding period, how it is that the embryos of wonderfully different forms should still retain, more or less perfectly, the structure of their common progenitor. No other explanation has ever been given of the marvellous fact that the embryos of a man, dog, seal, bat, reptile, &c., can at first hardly be distinguished from each other. In order to understand the existence of rudimentary organs, we have only to suppose that a former progenitor possessed the parts in question in a perfect state, and that under changed habits of life they became greatly reduced, either from simple disuse, or through the natural selection of those individuals which were least encumbered with a superfluous part, aided by the other means previously indicated.

Thus we can understand how it has come to pass that man and all other vertebrate animals have been constructed on the same general model, why they pass through the same early stages of development, and why they retain certain rudiments in common. Consequently we ought frankly to admit their community of descent; to take any other view, is to admit that our own structure, and that of all the animals around us, is a mere snare laid to entrap our judgment. This conclusion is greatly strengthened, if we look to the members of the whole animal series, and consider the evidence derived from their affinities or classification, their geographical distribution and geological succession. It is only our natural prejudice, and that arrogance which made our forefathers declare that they were descended from demi-gods, which leads us to demur to this conclusion. But the time will before long come, when it will be thought wonderful that naturalists, who were well acquainted with the comparative structure and development of man, and other mammals, should have believed that each was the work of a separate act of creation.

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Works

 * The Southern Literary Messenger, 1834-1864 (1905)

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 them firmly and kindly; it is treating them kindly to-day and cruelly to-morrow that gives cause for the remarks made by "North Gregory;" or coming in contact with strange blacks that are only waiting an opportunity to avenge some wrong they have received at the hands of the police; precaution should therefore be taken when amongst strange blacks. I was residing on the Dawson, not far from Banana, when Mr. Wills and his men got murdered. If the blacks had known him to be the kind-hearted man he was, or if he had taken the proper precaution until they knew him, I have no reason to doubt but that, gentleman would have got on well with them, and would be alive probably to-day.

In conclusion, I am satisfied that a force of white police such as you have described through the columns of the Queenslander, officered by men like Sub-inspector Lamond, would regulate the evils now existing. Lower Herbert, July 23.

[The writer of the above letter, in a private note which accompanied it, gave his authority, if we pleased, to append his name in full. but, all things considered, we think it better to publish his initials merely.—. Q.]—Queenslander, Aug. 7, 1880.

,—I have read with great interest the leaders and correspondence which have appeared in your columns on this subject. It is particularly edifying to note the sudden awakening of virtuous colonists to the necessity of doing something for the amelioration of the indigenous races of Queensland—a fact, by the way, which must have been patent to everyone possessing a grain of common sense. In debating a question of such vital importance—a question in which the people whose future welfare is at stake have no voice; appealing to our better feelings through nature's laws, which have instilled beneficent qualities in the white man, and, to a lesser degree, in the black—personal recriminations and accusations are very much to be deplored, and I am of opinion such unseemly bickerings should be stringently suppressed. Vilification is not argument, and I must express my astonishment that an influential journal, the paper par excellence of Queensland, should have set the example in ransacking our vocabulary of opprobrious epithets for the purpose of insulting some fifteen or twenty gentlemen to whose watchful and energetic care the safety of outlying districts has been entrusted by the Government. No possible benefit could accrue from such a course. Every educated man and woman in Queensland is perfectly aware that without the Native Police security in the bush would be a myth, and that the abolition of the force would mark the commencement of an era of rapine and murder hardly ever equalled, and certainly never surpassed, in the history of mankind. To what end does "Outis" treat us to his rhapsody anent pure-minded gentlewomen? What has such a statement to do with the question? If this writer is sincere, why did not he raise his voice before on behalf of his much-oppressed race? I can tell "Outis" an anecdote which, I think, puts his virtuous declaration in a different light:—Years ago a Native Police officer, patrolling in the South Kennedy district, called at a station where he received treatment so rude, so utterly at variance with the usages of bush hospitality, that on returning to his barracks he openly declared his intention of never again calling at that station. Three weeks after this the blacks commenced killing the cattle on this very station, and for some time every endeavor was made to make peace with them, and to come to an understanding that in return for peaceful conduct on their part they would receive nothing but kindness and protection, and would be allowed to come in. The blacks, as they invariably do, mistook leniency for fear and the result was a requisition for police protection. On the arrival of a Native Police officer he was received with open arms and made much of; in his own words, "I became the white-headed boy." My own experience proves very conclusively that most of this sympathy for the blacks is ruled entirely by the pocket instead of coming from the heart. Again, Mr. Cassady gives you the story of the gin Cassy, shot on the Lower Herbert, but this man belongs to a very different class of writer from "Outis," who merely states plain facts truthfully. I was at Bellenden Plains when the gin was shot, and can assure your readers that Mr. Cassady was entirely wrong in leading them to believe that Sub-inspector Shairpe shot Cassy wilfully. Mr. Cassady deliberately charges this murder to an officer, when he must be perfectly cognisant of the true facts of the case. Mr. Shairpe was escorting a deserter named Alex, who he arrested at Gairloch, back to Waterview, accompanied by a trooper (Simon) and the gin Cassy. When passing a point of scrub on Cudmore's selection Alex, who was walking alongside the trooper's horse, made a bolt for the scrub followed by Cassy. He was repeatedly called upon to stand

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CHAPTER II.

CHAPTER III.

CHAPTER IV.

CHAPTER V.

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Rh were placed as many beds as could stand, which were removed during the day. Refectory, cloisters, and outhouses were also crowded with beds. The cemetery was turned into a promenade for the prisoners, the tombstones being laid flat or carried away. All their rents being stopped, the nuns for the last three months of 1793 had to live on the small sum in hand, barely sufficient to keep them alive. Their papers were catalogued in a sarcastic style by a revolutionary commissary. One of the nuns had been in the habit of complaining to the chaplain, Naylor, of real or imaginary unkindness from the abbess or sisters, and these letters were inventoried as "squabbles of conventual life," "mystical extravagances," &c. The poor nuns must have shivered at the thought that all their documents, from religious correspondence down to recipes for making snuff, were overhauled by scoffing sans-culottes. Their library of a thousand volumes was dispersed. The Girondin deputies, indeed, after being huddled with criminals at the Madelonnettes, found the nunnery clean, spacious, and airy, with an agreeable prospect and a delicious promenade, the only drawback being that the female prisoners had had to be crowded to make room for them, yet according to Foignet, study was impossible and even conversation dangerous, it being construed as conspiracy. In July 1794, the nuns were removed by night


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Page:Folk-lore - A Quarterly Review. Volume 4, 1893.djvu/357

 A BATCH OF IRISH FOLK-LORE.

OR the past year or two I have been endeavouring to get people to collect Irish folk-lore, but hitherto I have not obtained as much as I had hoped. Rather than delay any longer, I now publish what I have received, exactly as it was sent to me.

Miss Emily Fitzgerald, of Glanleam, Valencia Island, co. Kerry, was the first to respond, and she enlisted the assistance of Miss Sinclair, of Bonny Glen, Donegal.

Mr. Daniel H. Lane, of Cork, obtained some very interesting items from Connemara, chiefly through the instrumentality of a local doctor. Dr. C. R. Browne's additional notes are of great value, as they extend over several counties.

Mr. G. C. Campbell, of Londonderry, gives a collection of folk-tales and cures from Londonderry and Donegal, which have the additional value of being, as far as possible, in the narrator's own words, and he, with the instinct of a true collector, has added the source of his information. I have to thank Mr. Robert Patterson, of Belfast, for interesting Mr. Campbell, and for adding a few notes of his own.

Miss Alice Watson, of Seapoint, Dublin, has quite recently kindly sent me some observations she has made in Queen's County and co. Dublin.

Some notes on folk-lore and customs will be found in a recently published paper by Dr. Browne and myself.


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34 the laws of breeding and heredity, and proceeding to apply a control to human multiplication based upon certain and indisputable knowledge. It may be a century, or it may be more than five centuries, before the matter would, if let alone, force itself upon a desperate humanity, brutalized by over-crowding and the struggle for food. A return to Nature's terrible selection of the fittest may, it is conceivable, be in this way in store for us. But it is more probable that humanity will submit, before that condition occurs, to a restriction by the community in respect of the right to multiply, with as good a grace as it has given up the right to murder and to steal. In view of this Man must, in entering on his kingdom, at once proceed to perfect those studies as to the transmission of qualities by heredity which have as yet been only roughly carried out by breeders of animals and horticulturists.

There is absolutely no provision for this in any civilized community, and no conception among the people or their leaders that it is a matter which concerns any one but farmers.

The applications of steam and electricity have so for astonished and gratified the rebel Man, that he is sometimes disposed to conclude that he has come to the end of his powers in relieving himself from the use of his own muscles for anything but refined movements and well-considered health-giving exercises. One of the greatest of chemical discoverers at this time living, M. Berthelot, has, however, recently pressed on our attention the question of the possibility of tapping the central heat of the earth and making use of it as a

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Rh perennial source of energy. Many competent physicists have expressed the opinion that the mechanical difficulties of such a boring as would be necessary are insuperable. No one, however, would venture to prophesy, in such a matter as this, that what is prevented by insuperable obstacles to-day may not be within our powers in the course of a few years.

Such audacious control of the resources of our planet is suggested as a possibility, a legitimate hope and aim, by recent observations and speculations as to our neighbour, the planet Mars. I do not venture to express any opinion as to the interpretation of the appearances revealed by the telescope on the surface of the planet Mars, and indeed would take the most sceptical attitude until further information is obtained. But the influence of these statements about Mars on the imagination and hopes of Man seems to me to possess considerable interest. The markings on the surface of the planet Mars, which have been interpreted as a system of canals, have been known and discussed for many years. It has recently been observed that these canals undergo a recurrent seasonal change of appearance consistent with the hypothesis that they are periodically filled with water, which is derived from the polar snow-caps of the planet at the season of greatest polar heat. It is suggested that Mars is inhabited by an intelligent population, not necessarily closely similar to mankind, but, on the contrary, unlike mankind in proportion as the conditions of Mars are unlike those of the Earth, and that these inhabitants have constructed by their own efforts the enormous irrigation works upon which

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36 the fertility and habitability of their planet, at the present time, depend. These speculations lead M. Faguet of the French Academy to further reflections. The Martians who have carried out this vast manipulation of a planet must be not only far in advance of the inhabitants of the Earth in intelligence and mechanical power, as a result of the greater age of their planet and the longer continuance there of the evolution of an intelligent race, but such a vast work and its maintenance would seem to imply a complete unanimity among the Martians, a world-wide peace and common government. Since we can imagine such a result of the prolonged play of forces in Mars, similar to those at work in our own Earth, and even obtain some slight confirmation of the supposition, may we not indulge in the surmise that some such future is in store for Man, that he may be able hereafter to deal with great planetary factors to his own advantage, and not only draw heat from the bowels of the earth for such purposes as are at present within his scope, but even so as to regulate, at some distant day, the climates of the earth's surface, and the winds and the rain which seem now for ever beyond his control?

In such a desultory survey as that on which I have ventured, of Man's kingdom and its dangers, it occurs to me to mention another area upon which it seems urgent that the activities of nature-searchers should be immediately turned with increased power and number. The experimental study of his body and of that of animals has been carried far and with valuable results by inquiring Man. But singularly small attention has

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 BALOCHI TALES.

I.

The Tiger and the Fox.

N a certain wood, where dwelt many jackals and foxes, a tiger came and took up his abode. And what did he do? This is what he used to do. Every day he would kill a jackal or two. So the jackals and foxes gathered together, and said: "If he goes on this way he will destroy us all, so, as we are now assembled here, let us agree that each one will take his turn to be devoured. And so they did: every day they used to give to the tiger the one whose turn it was. One day it was a fox's turn. At first he hid himself, but then he thought, "Now I have to go, for I am hemmed in on both sides. I'll go, but I'll try by some trick to keep my breath in me," So on he went, shivering as he went, till he came to the tiger's presence. "Ah!" says the tiger, "you fox, why have you been so long?" "Sire," said the fox, "another tiger has come to live in your country." "Where is that tiger?" said the tiger. "Come with me," said the fox, "and I will show him to you." So the fox went in front and the tiger went behind, and they went on till they came to a well. They came and stood at the mouth of the well, and then the fox said: "Oh, my lord Tiger! that other tiger has just come home after feeding on a jackal, and he is now sitting inside this well." Then the tiger said: "What kind of tiger can he be to come to my country! Either I must stay here alone or he can stay alone, but we cannot live together." Then he went up to the well and looked in, and saw a


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When the Pie was opened, The Birds began to sing;

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 Was not that

Rh

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 Rh to the king: "The lad does not weep at all, but he draws three lines on the ground; two he wipes out and one he leaves there." Then the king arose, and came and asked the lad why he drew these lines. The lad answered: "My lord, I am playing a game." But the king said: "Tell me the truth straight out." Then the lad said: "One line is for my parents who brought me here and sold me to thee, and took their money and went their way. One line is for thee, for thou art king of the land, yet didst not fear to shed my blood, and thou hast bought me to slay me. One line is for my God. There was no help for me in my parents, nor was there help for me in thee, king; my God's help only is left me, there is no other." Then the king was moved with compassion towards him and let him go, saying: "I give up also the money paid to your parents." That night the king lay down to rest, and when he arose in the morning, by God's mercy, his boil was healed.

III.

.

Once upon a time there was a king who had a daughter, and he said he would give his daughter in marriage to the man who would take off his clothes and stand a whole winter's night in the river. "If he come out alive", he said, "I will marry my daughter to him, and if he dies, why, he is gone." Many men tried, and died, till one day a man went in and came out alive. The king said to him, "A great many others have died, how have you come out alive?" The man replied, "A fire was burning on the hillside, I kept my heart fixed on that fire, and so I came out alive." The king said, "You warmed yourself at the fire!" The man replied, "King! I was in the river, and the fire was on the hill; how then could I warm myself? Thou art king, thou art mighty, let God do me justice." The king turned him away and came back to his home.


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Author:Nissim Elias Benjamin Ezra

Works

 * Jews and Judaism in America: Lecture Delivered Before a Meeting of the Literary Circle of the Shanghai Zionist Association on Sunday, 17th December, 1905
 * Shabbethai Sebi, The Pseudo Messiah: Lecture Delivered Before a Meeting of the Literary Circle of the Shanghai Zionist Association on Sunday, 18th November, 1906

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Rh and was just on the point of entering the scrub when Mr. Shairpe fired at him from the top of the bank. The bullet intended for Alex hit Cassy. I do not justify the officer's action, but at the same time I for one, will not tax him with murder for what was purely an accident. Alex escaped at the time, and lived long enough to give us weeks of hard work years after. So much for Cassady's story. But let me ask whether a man who would shelter the ringleader in the double murder of Mr. and Mrs. Conn, as he did, does not carry his sympathy rather too far? I can remember Mr. Cassady sending for Native Police to disperse the blacks at; Fairview in 1873, and also his forwarding a letter to Mr. Sheridan, in Cardwell, in 1874, asking for blankets and tomahawks, he having in the interval constituted himself black protector, for his own interests, and to the detriment of his neighbors' property. In return for his kindness the blacks murdered one of the boys near Mr. Hawkins's, on Palm Creek. But what need to multiply instances? No one realises the necessity of speedy and radical change more than Native Police officers, as under the present system they are powerless to put a stop to the private patrols carried out on stations, or to the kidnapping of gins and boys by bullock-drivers, et hoc genus omne. But station owners complain, and justly so, that when they send for police so much time elapses that the blacks escape. Can the officer be blamed for this? Imagine a district 200 miles in diameter—that is, six hundred miles round—and put an officer, six troopers, and a wretched lot of old screws at a point in this circle, telling him that you hold him responsible for the peace and security of the district; and you have the system of Native Police patrolling as at present in operation. Can anything be more ridiculously ineffectual? Hence the numerous murders and outrages committed by black and white alike. But with all the will to do good, and to mitigate existing abuses, police officers have to combat such a diversity of opinions that they invariably find themselves reduced to merely patrolling their district, dispersing blacks when really necessary, and keeping them from infesting the roads. What can we do to ameliorate the condition of our aborigines? Not one of your many contributors has as yet attempted to solve this, the real point at issue. Many will say, "Let the blacks in everywhere." But can we do this with any hope of improving them? and can wild blacks be safely trusted near stations or outlying townships? The answer comes from past experience, and is emphatically in the negative. Who that has seen the squalid wretches about towns will say that they are as well off as when they lived in their savage state, or that their condition has been bettered by ever so little? We have a reserve at Mackay, and Mr. Bridgeman gives us an occasional report of its glorious success. But we also know that these same blacks have repeatedly made raids on the neighboring stations, fleeing back to the reserve to escape the well-mererited punishment which would otherwise have been inflicted by the police at Nebo. The question of amelioration, after all, lies in a nut-shell. It resolves itself into £ s.d. Now, is the Government prepared to place £100,000 on the Estimates for this purpose? I think not. And yet without an outlay far exceeding this sum we cannot hope to improve their position; and even then the results can only be of the most transient nature. The Victorian Government placed their aborigines under the protection of guardians from July 1, 1851, to June 18, 1860, the aggregate sum expended under that system being £14,181. The results obtained were, however, very unsatisfactory. On the 18th June, 1860, a Board was appointed for the Protection of the Aborigines, and a stun exceeding £100,000 had already been expended on them in 1878. Taking the mean of a whole number of estimates we find that when the whites first settled In Victoria there were about 4500 natives. Mr. Brough Smyth, from whose fine work I cull these facts, draws attention to the fact that, prior to the advent of the first settlers, a small-pox epidemic had greatly reduced their numbers. The total number of natives under the Board in 1876—that is, thirty-eight years after settlement—was 500. Thus we arrive at very startling facts. If the natives of a fine colony can by the sheer moral power of civilisation brought to bear upon them as an ameliorating agent be reduced in thirty-eight years by 4000, at an expenditure of £114,500, what can we expect to effect in a like period with a native population of fully 20,000, one-half of which may be said to have hardly entered into contact with our different systems? What, let me ask, would the advocates of amelioration give these savages in return for their dearly loved freedom? Where and what are the sweets that they intend should replace their inborn love of the chase? How do they propose to overcome the nomadic instincts, to which may be traced their very presence on this continent? Imagine even a small tribe of blacks forced to live for a short period on one spot! Would not a fearful epidemic be the result? But no; a few enthusiastic humanitarians, philanthropists, call them what you will, actually desire to alter every condition under which these savages have for

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Portal:United Nations Security Council Resolutions/2011

zh:Wikisource:联合国安理会2011年决议


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 518 tiger sitting there. But really it was only his own shadow, and no tiger. With that he leapt into the well, and there was drowned and perished.

Then the fox went back to his home, jumping for joy as he went. He called out to his brethren: "Come here! foxes and jackals!" They came up at his call, and were very angry, and said: "You fox! it was your turn to be eaten by the tiger; why have you come back? Now the tiger will be in a rage, and will come and kill two or three jackals and two or three foxes." But the fox answered them: "Don't you be afraid. I have killed that tiger." They all said: "You are a fox and he is a tiger; how then could you kill him?" He said: "Come, and I'll show him to you." They set out in great fear after the fox, and, trembling with fright, they came and stood at the mouth of the well. The fox gave a shout and said: "Come and see how I have slain the tiger and cast him into this well." They peeped in, and said that it was the truth, and that the tiger was lying dead in the well; and they all rejoiced exceedingly.

II.

There was once a king who had a boil on his face, and many doctors physicked him, but it would not heal. One day a physician came to him, and said: "Buy a lad and kill him, take out his liver and tie it on the boil, and it will be healed." So the king had a proclamation made in the land. A starving man brought his son and sold him to the king, took his money, and went his way. The king ordered that the lad should be taken away and shut up in a room. The king's men took him away and shut him up in a room. Then the king considered in his heart that the lad was now old enough to understand, and "most likely", he thought, "he is now weeping because I am going to kill him." So he said to one of his men, "Go and see what the lad is doing." Then the man came back, and made this report


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 520 He called to his daughter to bring him some food. She replied, "Your food is not ready yet." After a while the king again asked for his food, and again his daughter said, "Your food is not ready yet." Then a third time he demanded his food, and his daughter said: "My Lord the King! the griddle is on the house-top, and the fire is in the yard; as soon as the griddle heats I will cook your food." The king said: "The griddle is on the housetop, and the fire down below? How, then, can the griddle get hot?" Then his daughter said: "That man was in the river, and the fire was on the hill: how then could he warm himself at the fire? Thou art king, and kings should keep their word. Thou madest a promise with thy mouth and with thy tongue. Do not do such injustice, but have fear of God." Then the king said: "Thou, my daughter, hast proved me to be false!" and thereupon he gave his daughter in marriage to the man.

IV.

.

There were once two wrestlers: one lived at Shikàrpur, and the other at Dera Ghàzi Khan. The Shikàrpur wrestler started off to pay a visit to the Dera wrestler. When he arrived at Dera he asked where that wrestler lived, and someone told him that he lived in such-and-such a ward of the town. So he went to the house, and asked the wrestler's wife where her husband was. She replied: "My man's gone for wood; he will gather it, and carry it off and bring it home." Then the good wife called out to her daughter: "Stick a needle into that rat that's lying dead in there, and bring it out, or it will stink!" The daughter went and stuck a spear into it, and when she brought it out the Shikàrpur wrestler saw a young elephant on the point of the spear! Then he said to himself: "If his daughter is so strong, what must he be himself! I will go out and see him


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 Rh in the jungle; let me wrestle with him where there is no one else to look on." Then he asked the daughter in what direction her father had gone to get wood. She told him that he had gone towards the rising sun. Then the wrestler set out and looked for him, and saw him dragging along a cart laden with wood. The Shikàrpur wrestler, without showing himself, got behind the cart and caught hold of it and stopped it. The Dera wrestler called out, "Who are you, stopping my cart?" Then the Shikarpur wrestler said: "I am a wrestler from Shikàrpur come to wrestle with you." He replied: "Come along; let us go and wrestle in the town." But the Shikàrpur wrestler said "No; let us wrestle here." "But", said the Dera wrestler, "there is no witness here." Just then, an old woman came up, carrying a basket of bread on her head for her son, who was grazing a herd of camels hard by. The wrestlers both called out to her, "Come and be our witness; we are going to wrestle here." The old woman said: "If I stay here, my son's food will be late for him. Dig up that clod and lay it on the palm of my hand, so that you can go on wrestling on the clod, and I will be your witness." So they dug up the clod, and put it on the old woman's palm, and went on wrestling on it. A little way on the camel-herd, the old woman's son, saw them coming, and said to himself: "My mother always comes alone, but to-day there is a band of men coming with her, fighting." He was afraid that they would rob him of his herd of camels and drive them off, so he took off the blanket from his shoulders and spread it on the ground, and then picking up the camels, began putting them into the blanket. When he had put in the whole herd he tied it into a bundle, put it on his head, and ran off. But the ear of one of the young camels was sticking out of the bundle. Seeing it, a hawk overhead made a swoop and carried off the bundle. The king's daughter was sitting on the roof of her palace; she happened to glance upwards, and just then the bundle slipped out of the hawk's talons and fell into her eye.


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 OF THE

OF THE

ON

BY

29th December, 1905.


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 522 The king's daughter called out to her nurse, "Come here» a string of camels has fallen into my eye!" The nurse came, and, half-closing her eye, looked into the king's daughter's eye, and saw a herd of camels wandering about and grazing there. The nurse began to pick them out, hiding them in the knot of her pyjama string, and when she got to the last young camel she pulled it out, saying, "This young camel is what was in your eye." The king's daughter said, "I make you a present of it," and so the nurse carried off the whole herd!

V.

.

There was once a husbandman who had grown a crop of millet. When the millet was ripe a tiger appeared in the middle of the crop. The husbandman was sitting on a scaffolding in the middle of the field. The tiger said to him: "Get off and come down here; I am going to eat you." The husbandman replied: "I am very thin just now; give me time to feed myself upon green corn and sugarcane, and get fat, and then eat me." So every day the tiger used to come and say: "I am going to eat you," and the husbandman kept getting thinner and thinner through fear. His wife said to him: "What is the matter with you; you eat green corn and you eat sugarcane, and yet you keep getting thinner?" The man replied: "Every day a tiger comes and threatens to eat me. That is why I am getting thin, for fear that one day the tiger will eat me." His wife said: "What time does he come?" He replied: "He comes at midday." On this the wife dressed herself like a man, and mounted a mare, and girt herself with weapons, and came to the millet-field. She saw the tiger standing beneath the scaffolding, and her husband on the top. She called out: "Oh, farmer!" The man replied:


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 Rh "Life to my lord!" The wife said: "The king is out tiger-hunting. Have seen any tiger's tracks about here two or three days old?" Then the husbandman said to the tiger: "Now, what shall I do? shall I tell or not?" The tiger said: "For God's sake hide me. Who is it that is making inquiries from you?" He said: "It is the king's wazir." The tiger said: "Now hide me." The man said: "Lie down, and I'll throw a blanket over you." The tiger lay down, and the husbandman spread a blanket over him. Then he replied to the horseman: "I have not seen any tiger's tracks." The horseman said: "What is that black thing lying there under the blanket?" He replied: "It is a log of Kahír-wood which I am burning for charcoal to light my hookah with." The horseman said: "Break off a bit and give it to me to take to the king to light his hookah with." Then the husbandman said to the tiger: "Now what shall I do?" "Cut off my ear at once," said the tiger. So he cut off the tiger's ear, and presented it to his wife, who said: "Cut me off a bigger bit." Then the tiger said: "Now cut off my other ear." So he cut off the other ear and gave it her. The woman then gave him a kick, saying: "Why don't you cut more off that Kahír-log?" On this the tiger said: "Now cut off my tail." So he cut off the tail and gave it her. Then the woman said: "You are cutting too little, I am going to cut for myself I intend to cut off and take half of it." On that the tiger bolted. As he went he met a jackal, and the jackal said: "Your ears are cut off, and your tail is cut off, and you are streaming with blood as you go; what has happened to you?" The tiger answered: "The king's army fell upon me, and cut off my ears, and cut off my tail, and God only has saved my bare life!" But the jackal said: "You coward! 'tis a woman has frightened you; there is neither king nor army. Both your ears and your tail have been cut off by a woman!" The tiger replied: "Why, I saw the wazir of the army with my own eyes!" The jackal said: "That was a woman. Come, and


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The subject of my paper to-night is by no means comprehensive. I wish to give only a short account of the growth and development of Jews and Judaism in the United States, although I would fain do sufficient justice to the vast and rich history the Jews have built in the land of the Stars and Stripes. Please remember that I have not had the privilege of visiting the new world, and that my knowledge of the history of our brethren in America is only derived from that wonderful storehouse of Jewish history and literature the Jewish Encyclopedia, and the American Jewish publications. I would therefore, crave the indulgence of my audience who may find fault with some of my statements and conclusions and ask them to deal leniently with me and remember that to err is human, and more particularly when such errors and shortcomings are unintentional and unbiassed. Having premised thus much I shall proceed to lay before you a few historical facts regarding Jews and Judaism in America.

The Jews in America have recently celebrated with great  and Thanksgivings the 250th anniversary of their settlement in the United States. No one will question their right to commemorate this historical event, inasmuch as they have been a powerful factor in aiding in the development of the various cities in which Providence has thrown their lot, and contributed largely towards maintaining the philanthropic institutions of the different places in which they have settled. Furthermore, they


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 524 I'll show her to you." The tiger said: "I'll go with you, but first tie a rope round my neck and then tie it round your neck." So the jackal fastened a rope to his own neck and to the tiger's, and they went to the millet-field. The horseman perceived that the jackal was leading the tiger back, so she called out to the jackal: "O you jackal! you promised the king when you went away that you would bring him fourteen tigers, but you have brought only one, and that one earless and tailless!" On this the tiger went off as hard as he could go, dragging the jackal after him. The jackal got his head broken and his legs broken, and perished. The tiger went off earless and tailless to his own place, and the man and his wife lived happily in their millet-field.

VI.

.

Four of a king's servants were on guard one night. The first watch was a carpenter's. The carpenter thought to himself: "The night is very long; let me do something to pass the time." So he began to carve a piece of wood, and fashioned it into a woman. He made the wood into a very beautiful shape. Then his watch came to an end. The next watch fell to a Darzi. The Darzi saw the figure of a woman already made, and said to himself: "Now I shall make some clothes and put them on her." So he sewed the clothes and clothed her. When the Darzi's watch ended, the next watch was a goldsmith's. The goldsmith made jewels and dressed her in them. The next watch was a Saiyid's. The Saiyid prayed to God to give her breath, and thereupon she began to breathe. Then day dawned, and these four men began to dispute, each one claiming the woman as his own. They went before the king to have their case decided, saying: "To which of us does the woman belong?" The king said: "She is not the


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Eldredge v. Carpenters 46 N. Cal. Counties JATC

Alberta M. Blumin, Dayley & Blumin, Oakland, Cal., for plaintiffs-appellants.

Stephen McKae, Moore, Sizoo & Cantwell, Oakland, Cal., for defendant-appellee.

Before FLETCHER and NELSON, Circuit Judges, and KEEP, District Judge.


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 Rh Saiyid's for saying prayers; for everyone who is ill gets a Saiyid to say prayers for him, and if the Saiyid gets this woman the Saiyids will be claiming possession of everyone who gets well when they say prayers! The carpenter and the goldsmith were only practising their trades, and have no rights; but the Darzi, who clothed her, he has won the woman, for it is the bridegroom who gives clothes to the bride. I award her to him."

VII.

. Once upon a time there lived a king who had three wives. One day the king became very angry with one of his wives, and said, "I will not have you for my wife," and he ordered her to be turned out and abandoned. They carry her away, and left her there in the wilderness, and she had to work for her living. Shortly afterwards she gave birth there to a son. When this boy grew up, he asked his mother who his father was, and his mother told him that the king was his father, and everything that had happened. Then the lad said to his mother: "Let us build a dwelling-place by the side of the highway, and let us work for our living and make our home there."

At that time the king made a proclamation as follows: "Is there any man skilful enough to build a palace for me with the sky as a foundation?" The lad said to his mother: "The king has lost his wits; I will go and get some money out of him, and bring it to you." So he went to the king—"Give me the money, and I'll build you the palace." The king gave him some money. The lad said: "In one month have all your materials collected, and then I'll build your palace for you" The lad came home to his mother, and this is what he did. Whenever anyone passed along the high-road, he would go along with him and enter into conversation with him, and then come home again. This


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Eldredge v. Carpenters 46 N. Cal. Counties JATC/Opinion of the Court

[p535] This is an appeal from the district court's order dismissing the action for failure to join indispensable parties. Fed.R.Civ.P. 19. Rule 19 provides in pertinent part:

"(a) Persons to be Joined if Feasible. A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties, or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and his joinder would render the venue of the action improper, he shall be dismissed from the action."

"(b) Determination by Court Whenever Joinder not Feasible. If a person as described in subdivision (a)(1)-(2) hereof cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, to what extent a judgment rendered in the person's absence might be prejudicial to him or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person's absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder." The opinions are reported at 83 F.R.D. 136, 20 Fair Empl.Prac.Cas. 897 (N.D.Cal.1979) and 440 F. Supp. 506 (N.D.Cal.1977). We reverse and remand.

FACTS
The facts underlying this suit are recounted in great detail in the district court opinion, 440 F. Supp. at 510-14, and need only be summarized here. Plaintiffs Eldredge and Mazur brought suit under Title VII, 42 U.S.C. § 2000e-2, against the Carpenters 46 Northern California Counties Joint Apprenticeship and Training Committee (JATC), alleging sex discrimination in the operation of JATC's apprenticeship program. Plaintiffs brought the suit as a class action, but the district court has not yet considered the question of class certification.

Defendant JATC is a joint labor-management committee established under an agreement that provides for a trust fund contributed to by the parties to the master [p536]  collective bargaining agreements in the Northern California construction industry. JATC is composed of equal numbers of labor and management representatives, and acts as a board of trustees for the administration of the Carpenters Apprenticeship and Training Trust Fund for Northern California. It is responsible for establishing, supporting, and maintaining programs to educate and train journeymen and apprentices in all classifications covered by any collective bargaining agreement that requires employer contributions to the trust fund. 440 F. Supp. at 510-11.

Plaintiffs allege that the process by which JATC selects applicants to its apprenticeship training program discriminates against women. Although JATC has employed other selection procedures in the past, see id. at 511-12, it presently relies on what is known as the "unrestricted hunting license" system. Under this system, an individual must first convince an employer to hire him or her as a beginning apprentice. JATC then places the individual's name on its applicant register. Id. at 512. The applicant enters into an apprenticeship agreement with JATC and is dispatched through the union hiring hall. Id. An individual needs no prior training to become an apprentice; all that is required is that he or she be 17 years of age and have a high school diploma or its equivalent. Id. at 511.

The master collective bargaining agreements under which JATC operates require employers to hire one apprentice for every five journeymen employed. The apprenticeship is a four-year program. Employers are under no obligation to hire beginning as opposed to experienced apprentices. Id. at 519.In May of 1976, only thirteen of JATC's 3220 registered apprentices were women. Id. at 514.

The essence of plaintiffs' complaint is that, by relying on the unrestricted hunting license system to recruit apprentices, JATC has adopted an entrance requirement for its program which is known to have a discriminatory effect on women. Plaintiffs argue that JATC knows that individual employers do not hire women under the unrestricted hunting license system, and that JATC's use of this system is therefore illegal under Title VII. The district court assumed for the purposes of its rule 19 analysis that plaintiffs had stated a claim on which relief could be granted. 440 F. Supp. at 518 (citing Crockett v. Green, 388 F. Supp. 912 (E.D.Wis.1975), aff'd, 534 F.2d 715 (7th Cir. 1976)).

The district court held that the 4500 employers and 60 union locals covered by the master labor agreement, or adequate representatives of their interests, were indispensable to the litigation under the standards imposed by rule 19(b). It ordered them joined within 60 days. 440 F. Supp. at 527. Plaintiffs were granted extensions of time in which to explore the possibilities for joinder, see, 83 F.R.D. 136, 20 Fair Empl.Prac.Cas. at 898-99, but joinder of all 4500 employers proved impossible. The plaintiffs then sought to join the Northern California Homebuilders' Conference (NCHBC) to represent the absent employers' interests. The court held this inadequate and dismissed the case. Id. at 900, 83 F.R.D. 136. We conclude that the employers are not necessary parties under rule 19(a) and thus cannot be indispensable parties under rule 19(b). We reverse.

[p537]

ANALYSIS
Rule 19 requires two separate inquiries. First, are there persons who should be joined, either because their own interests or the interests of the parties might be harmed by their absence? Such persons, referred to as "necessary parties," must be joined if feasible. Fed.R.Civ.P. 19(a). Second, if parties determined to be necessary under rule 19(a) cannot be joined, should the action in "equity and good conscience" be dismissed? Only if the court determines that the action should be dismissed is the absent party labelled "indispensable." Fed.R.Civ.P. 19(b); see English v. Seaboard Coast Line Railroad, 465 F.2d 43, 48 (5th Cir. 1972).

The nature of the rule 19 inquiry is described at some length in Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102, 88 S.C.t. 733, 19 L. Ed. 2d 936 (1968). The inquiry should focus on the practical effects of joinder and nonjoinder. Id. at 116 n.12, 88 S.C.t. at 741 n.12; Schutten v. Shell Oil Co., 421 F.2d 869, 874 (5th Cir. 1970). Rule 19 was revised in 1966 to emphasize its practical focus and to avoid the inflexible approach taken by many courts under the prior version of the rule. Id. at 871-74; see Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. at 106-07, 88 S.C.t. at 736-37.

Rule 19(a) describes two categories of persons who should be joined if feasible. If the absent employers fall into either of these two categories, they are "necessary parties."

The first category comprises those persons in whose absence "complete relief cannot be accorded among those already parties." Fed.R.Civ.P. 19(a)(1). This portion of the rule is concerned only with "relief as between the persons already parties, not as between a party and the absent person whose joinder is sought." 3A Moore's Federal Practice P 19.07-1(1), at 19-128 (2d ed. 1980); accord, Morgan Guaranty Trust Co. v. Martin, 466 F.2d 593, 598 (7th Cir. 1972). The district court concluded that the absent employers could frustrate any relief granted against JATC, and that complete relief would therefore not be possible unless the employers were made parties. The court reasoned that the employers could defeat any order against JATC by refusing to hire any apprentices, by hiring only unregistered, nonunion apprentices, or by rejecting all female apprentices dispatched to them. 440 F. Supp. at 519-20. We believe that the district court misapprehended the legal inquiry required by rule 19(a) (1).

If JATC's activities violate Title VII, a question not yet decided, then the court has both the power and the duty to enjoin those activities. The possibility that such an injunction may induce employers to avoid JATC's services, or ultimately to disband the training and referral system altogether, should not defeat the present action against JATC. JATC may not avoid its own liability for practices illegal under Title VII by relying on the employers' possible future conduct that might frustrate the remedial purposes of any court-ordered changes in the apprenticeship program. See, e.g., United States v. Sheet Metal Workers Local 36, 416 F.2d 123, 132 & n.16 (8th Cir. 1969) (enjoining union from continuing discriminatory referral practices, even though those practices were required by collective bargaining agreement with absent employers).

The district court appears to assume that the employers would discriminate against women because of their sex, and that they would refuse to hire women training in the apprentice program. There is no evidence to this effect in the record. On the contrary, the employers have previously participated, apparently successfully, in a state-mandated affirmative action program designed to increase the number of minority apprentices. See 440 F. Supp. at 511-12.

While it might be desirable to join all 4500 employers in order to eradicate sex discrimination in the industry, we conclude that relief on plaintiffs' claims against JATC as an entity could be afforded by an injunction against JATC alone. Both sides agree that JATC has the power under the trust fund agreement to structure its apprenticeship [p538]  program in any way it sees fit. 440 F. Supp. at 510-11. It is quite possible that a court-ordered restructuring of the program could effectively increase the participation of women in the apprenticeship program. See, e.g., EEOC v. Local 638, Sheet Metal Workers' Union, 565 F.2d 31, 34-35 (2d Cir. 1977).

The second inquiry required by rule 19(a) concerns prejudice, either to the absent persons or to those already parties. Rule 19(a)(2)(i) provides that a person should be joined if he claims an interest relating to the subject of the action, and the disposition of the action may "as a practical matter impair or impede his ability to protect that interest."

The district court held that the employers should be joined since they have a right to select their own employees, a substantial interest that they have a right to protect. We disagree. The trust fund agreement grants full authority to JATC to structure the apprenticeship program and to select the apprentices. We conclude that the employers have by contract ceded to JATC whatever legally protectible interest they may have had in selecting apprentices to be trained. On the other hand, without the joinder of the employers, any court order that may be entered to enjoin JATC to institute programs cannot go beyond the authority granted JATC under the trust fund agreement. The absent employers are thus assured that an injunction against JATC will not trench on any rights reserved to the employers under the agreement. We must conclude that the employers' ability to protect whatever interest in employee selection they retain will not be "impaired or impeded" if they are not made parties. They are therefore not necessary parties under rule 19(a)(2)(i).

The district court was understandably concerned that the absent employers might have interests that would be unrepresented in the present suit. Although we have concluded that their interests are not the sort that would make the employers necessary under rule 19, on remand it is possible that some employers, or the NCHBC, may move to intervene. The district court may then consider whether to permit intervention under Fed.R.Civ.P. 24. See e.g., United States v. Allegheny-Ludlum Industries, Inc., 517 F.2d 826, 846 (5th Cir. 1975), cert. denied, 425 U.S. 944, 96 S.C.t. 1684, 48 L. Ed. 2d 187 (1976).

We hold that the trial court erred in dismissing the case for nonjoinder of necessary parties. We REVERSE and REMAND for further proceedings.


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 Rh On this the daughter said to her father: "This man shall be my husband; I will marry him!" Her father said: "He is an idiot, I am a king; do not put me to shame by marrying him!" But she said: Tis him I will marry. When he said to you that there were mares grazing there, his meaning was, 'let us cut sticks to support ourselves'; for when a man has a stick in his hand, that man is on horseback. And, again, when he spoke of carrying, his meaning was, 'You tell a story for a while, and I'll tell a story for a while.' And when he told you to go ahead and call him from the guest-house, he also said, or meant, 'Let the people of the village know that the king has arrived,' for had you arrived in silence it had not been well; someone might have suspected you to have come with evil intent, and then, if you had killed him, the disgrace would have been yours, and if you had been killed, then, too, the disgrace would have been yours."

The next morning the king gave him his daughter in marriage. Thereupon the lad said that he would now return to his home, and the king gave a hawk to his daughter as a wedding-gift. The lad took his wife and started, and brought her home to his mother. That night he slept there, and in the morning he said to his mother, "I am now going to build the king's palace for him." So he went to the king and said: "Have you got everything ready?" The king said: "All is ready." Then he said: "And I have brought the architect," and with that he let his hawk fly. The hawk soared into the air, and there stopped and hovered. Then he said to the king: "Let a man who has never committed any fault, if there be such a man, take the first brick and give it to the hawk, and then I'll build the palace." The king made a proclamation among the people: "Let the man who has never committed a fault give the first brick." But they all said that they had committed faults. Then the lad said: "Lo! thou art king of this land! Perchance thou hast never committed a fault?" The king said: "Without doubt, I, too, have


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 528 committed faults.” Then the lad said: “My mother committed but a little fault. Why, then, didst thou turn her out?” Then the king embraced the lad, and said: “Thou art my son! go and fetch thy mother.” Then he went and brought his mother to the king, and the king gave up his kingdom to his son.

.

(To be continued.)


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 526 is what he used to do; he did nothing else. One day another king came walking along the road to take the air. The lad joined him, and walked a little way with him. Then the king turned to go home. The lad went a little way in his company, and then said: "Now I am going home." The king asked him to come home with him for the night, and the lad went with him. As they went on, night fell. The lad said to the king: "There are many mares grazing in the jungles; let us catch two mares and mount them, and ride home." But the king said: "There are no mares here." Then they went on walking a little way, and the lad said to the king: "You carry me a bit, and I'll carry you a bit," But the king said: "You can't carry me, nor can I carry you." When they had got on, and were near the king's house, the lad said to the king: "Is your guest-house far from your house, or near it?" The king said: "It is near it." When they were close to the house the lad said: "I will stand here, while you go to the guest-house. When you get there, call me, and I'll come." The king went on to the guest-house and called him, and then the lad came to the guest-house, and sat there while the king went to his private house.

Now this king had a grown-up daughter fit for marriage, and she had told her father that she would only marry the man she liked herself. When the king came into his house, his daughter asked him: "Who is that you were talking with?" The king said: "It is some mad youth." The daughter said: "How is he mad?" The king said: "He joined company with me on the road, and when we got to a certain place he said: 'Let us catch the mares that are in the jungle and ride them'; and I said: 'There are no mares here.' Then again he said: 'Either you carry me, or I will carry you'; and I said: 'Neither can you carry me, nor I carry you'; and when we had gone on, he said: 'I will stand here, and do you go on to your guest-house and call me'; so I went on and called him, and now he has come to the guest-house. It is with him I was


text: Talk:Eldredge v. Carpenters 46 N. Cal. Counties JATC


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 Since his retirement he prepared several important articles for the Encyclopaedia of Islam on subjects relating to that part of northern India which he had studied so closely. Besides Oriental languages he was an excellent Portuguese scholar, and his wide knowledge of Portugese literature, and of the philology and geography of India, was illustrated in his admirable translation and annotations of The Book of Duarte Barbosa, edited for the Hakluyt Society in 1918-21. He compiled a memoir on the Portuguese and German colonies in Africa for the use of the Peace Congress at Versailles. He was also a member of the Numismatic Society and possessed a fine collection of Oriental coins.

Mr. Longworth Dames became a member of the Folk-Lore Society in 1892, served for many years on the Council, and was a regular attendant at its meetings, where he gained universal respect as an accomplished scholar, while his geniality of manner won the affection of many friends. Like the true scholar, he was modest and unassuming, and was always ready to take infinite trouble in assisting from his stores of knowledge correspondents who desired information. His death leaves a gap in the small band of Oriental and Portuguese scholars which can never be filled.

.


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 Rh or two instances; and the Federation proper consists, therefore, of the membership of the central and of the ward councils. The central council has an executive committee consisting of the five executive officers: president, first and second vice-president, secretary, treasurer, and ten other members. This executive committee, which is also a board of trustees, has authority to appoint "such other officers and agents to hold during the pleasure of the board as it shall deem advisable;" and it has general control of all matters of the Federation not otherwise provided for in the by-laws.

II. THE WORK OF ONE YEAR. As already remarked, and as will be further explained, the Civic Federation cannot and does not claim exclusive credit for the patriotic work which the citizens of Chicago have accomplished during the last eighteen months. It is impossible however to tell the story of these achievements without connecting them with the organization of the Federation. They are therefore referred to at this point as though they were the work of the Federation, but more precise statements will follow.

The most important facts in the history of the recent civic revival in Chicago were referred to in the annual reports of the various departments of the Civic Federation. A summary of these reports, retaining as far as possible their own language, will be the most graphic account of the Federation's work.

The municipal committee reported as follows:

The first important business undertaking was "the work of reclaiming for the use of the public what is called 'The Lake Front Park,' and improving and beautifying the same." A sub-committee was appointed to ascertain the legal rights of the citizens in the premises, and to memorialize the city government with a view to immediate resumption of these rights, and the improvement of the lake front for park purposes. The committee performed its work, but the memorial was not acted upon by the city government. It is not impossible, however, that the work of the Federation through this committee had an influence


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 Rh commissioners to classify all the offices and employments in the city with reference to the examinations provided for in the bill, excepting officers elected by the people, or those whose appointment is subject to confirmation by the city council; excepting, also, judges and clerks of election, members of the board of education, the superintendent and the teachers of schools, the heads of the principal city departments, the members of the law department, and one private secretary of the mayor. Competitive examinations, practical in character, and fairly testing the relative capacity of applicants for the discharge of the duties of the position sought, are made compulsory, with the provision that no question shall relate to religious or political opinions. Promotion must also be made upon competitive examinations.

The character of the other legislation proposed by the municipal committee is indicated by the following titles: (1) a primary election law, (2) a corrupt practices act, (3) a revenue law, (4) a city charter, (5) a bill regulating special assessments.

Reference will be made later under another head to investigations carried on by sub-sections of the municipal committee; and we may here refer in addition only to the following forms of action which the committee conducted. In the case of the three so-called "boodle ordinances," known as the Ogden Gas Ordinance, the Cosmopolitan Electric Ordinance, and the Light, Heat and Power Ordinance, the committee retained one of the ablest attorneys in the city, and as the result of its presentation of the case, the ordinances were declared not only voidable, but void, because of irregularities in their passage. A committee was appointed to wait upon Mayor Swift and ask him to revoke the license issued by the preceding administration to each of the companies claiming a franchise under these ordinances. The order revoking the licenses was at once issued. In addition to this the committee procured the suspension by the recently elected city council of a large number of contracts for sewer building and other improvements, which had been awarded without due process


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 Rh agitation. A circular was sent to the ward committees instructing them to have, where necessary, watchers and challengers at the polls to see "that no infraction of the election law be permitted, and that the votes on the civil service law be properly counted and returned."

A special committee was appointed to devise measures for the instruction of voters upon the merits of the Civil Service Bill. This committee not only circulated leaflets and posters containing the substance of the bill, but they organized a small army of speakers, who attended specially arranged meetings in all quarters of the city. Large numbers of these meetings were arranged at the lunch hour of the operatives in factories, and the provisions of the proposed law were carefully explained and discussed, and the questions of the men were answered. The result of this work appeared in the size of the popular majority in favor of the bill.

The industrial committee reported:

The industrial committee prepared a bill similar to the Massachusetts law, which at the time of writing appears likely to be enacted. The conference above referred to also provided for the appointment by the president of the Civic Federation of a national committee of twenty-five or more who should be invited to carry on the work of agitation for arbitration and conciliation in all labor disputes. The sub-committees of the industrial


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 Rh  in the streets. The mayor and chief of police when appealed to declared there was no public gambling in Chicago. The Federation organized a series of raids which not only demonstrated the existence of the gambling, but that where the police were vigilant and properly instructed they could easily suppress it and keep it suppressed.

The public houses were all closed, but the committee had to follow the gamblers around the city, causing the arrest of over 300, and the destruction of much furniture and many implements. To show public sentiment in the question the Federation called a mass meeting at Central Music Hall, and so great was the public interest that overflow meetings had to be held in other halls. The committee also swore out warrants for and secured the conviction of a large number of lottery and pool sellers.

Upon the coming in of the new administration the committee promptly interviewed the mayor and chief of police on the policy to be pursued in reference to gambling and all other vices, securing satisfactory assurances that as soon as the police force could be properly organized, the people of Chicago would have no cause for complaint against the department. Agents for the committee secured for, and turned over to the police a complete diagram of the vice of Chicago, all of which is securing the proper attention. The committee is assured that the concert hall and stall attachments to saloons must go, that the opium dens will be wiped out and that other forms of bestiality, not fit for mention here, will be stamped out completely, or, to use the words of Chief Badenoch, "There will be some heads fall in the basket. I did not know until the report of your committee that such things could exist in a civilized community, and they will not exist long in Chicago after today."

An investigation by the committee led to the seizure of a lot of obscene literature and pictures and the subsequent arrest and conviction of a number of offenders.

From the report of the educational section the following is important:

The general committee, through the ward educational committees, has secured an investigation of the sanitary condition of every school building in the, city, the seating capacity of same, the lighting and heating of the building, and the general capacity of teachers and methods employed. Many of the recommendations by


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 Rh narrow circles. For example, the Civil Service Reform League is more than a decade old. The Citizens' League is younger, but it has performed its part in preparing the minds of the people for the work recently undertaken. The Municipal Order League, organized with special reference to work needed in the city to give fitting welcome to World's Fair guests, has just expired. Many Chicago citizens have been in communication with the currents of thought on municipal subjects which have affected all our great cities. Thus a preparatory process had been going forward which fitted many individuals to become organs of a more sensitive municipal consciousness. The immediate impulse which aroused this consciousness was an accident; and by this it is meant that influences were at work which would have brought about the same result if the particular incident had not occurred that introduced the period of civic revival. The actual order of events was as follows: At the Stead meeting on November 12, 1893, a committee of five was chosen to select a committee of twenty-one to organize a "Civic Confederation of Chicago." The committee of five was selected to represent the following classes:—"labor," "education," "commerce," "religion," "women." The social philosopher will not feel constrained to repress the smile which this classification provokes, but whatever its logical faults, it served its purpose. Following the appointment of the committee, this resolution was adopted:

The committee of five accepted the responsibility assigned, selecting, however, a committee numbering over forty, and notified them of their appointment in a letter which contained the following paragraph: The object of this organization, briefly and in general terms, is the concentration in one potential non-political, non-sectarian center, of all the forces that are now laboring to advance our municipal, philanthropical, industrial, and moral interests, and to accomplish all


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 Rh of society had probably never been heard of by the majority of the committee, and they would have had little patience with such abstractions, if they had been mentioned; but the consciences of the members acted in accordance with the principles contained in that philosophical conception of society, and there was aroused a sense of responsibility for outcasts belonging to the community and inadequately provided for by the community. A voluntary social organ was forthwith extemporized,—an organ of intelligence, volition and action; an organ in which the conscience of the community with reference to its helpless poor became conscious and effective. The necessity of performing, by extra-legal processes, the city's work of protecting and caring for a crowd of unprotected men and women against death from exposure and starvation was the task which mobilized the new civic consciousness.

Reference was just made to the generous sentiments of the men and women composing the committee. It is an ungracious task to qualify that allusion, but it would be an omission that would in a measure defeat the purpose of this study if we should neglect the complementary element of sagacity and prudence which speedily found its place in the conscious reckoning of nearly all who united in the relief work. The keynote of modern philosophy is intelligence, or as we speak of it more objectively, publicity. It is claimed very generally among theorists that publicity is the radical treatment of unwholesome social conditions. The claim rests upon the expressed or implied belief which was behind the Socratic thesis, "Sin is ignorance." In other words, given wider and deeper insight into the facts involved in our conduct, and our opinions and then our acts will be modified. There will result in part a reorganization of the egoistic and the altruistic elements of conduct. Not that egoism will be eliminated, but that it will be correlated. The dynamic of social reorganization is the economy of enlightened selfishness. It is only our stupidity which imagines that altruism and egoism are antithetical. They are complementary. They are, as it were, the stroke and the recover; equally essential parts of


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 Rh Then followed in natural order corresponding organization for the correlation of municipal activity as a whole.

IV. SOME PECULIAR ELEMENTS OF STRENGTH.

On February 3, 1894, the Secretary of State of Illinois issued the certificate of incorporation of the Civic Federation of Chicago. The remainder of this paper will attempt to point out certain features which distinguish the work of this organization from that of somewhat similar associations in other cities.

The first fact which deserves remark in discussion of this organization is that it was distinctly not the creature of speculative theory. It was the arrangement in working form of elements that had already existed in Chicago. It was a body of men and women representing in the most complete way the different essential interests of residents within the city limits. It was not an attempt to exploit a doctrine, but rather to insure the permanence and development of an already existing reality. This fact was forcibly expressed by Mr. Gage when he said in his address upon resigning the office of president:

This proposition is sustained by ample documentary evidence, an item of which is therefore in place. At the first meeting of the committee appointed to recommend a plan of organization, the following statements were submitted as the basis of precedure:

1. The amount of social intelligence in our population is greatly in excess of the amount organized and available for effective work.

2. The demands of civic safety, convenience, and comfort, are in many respects seriously neglected in Chicago, business standards of private individuals and corporations being the basis of judgment.

3. The deficiencies of organized and effective action are partly the


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 Rh  5. The essentials to be provided for in any city, in order to secure maximum results for the stockholder, are:
 * (1) Abundance of pure air and pure water and of street lights, involving the whole business of sanitation and public hygiene.
 * (2) Cheap, rapid, and safe transportation of goods and of persons.
 * (3) Security against contamination and adulteration of food and drink, particularly of milk.
 * (4) Easy and swift transmission of ideas.
 * (5) Efficient police service.
 * (6) Efficient fire protection.
 * (7) Sufficient and rationally administered charities, including all kinds of philanthropic relief of mind, body and estate.
 * (8) Equitable assessment and honest expenditure of taxes.
 * (9) Adequate guardianship of the interests of stockholders by their representatives in the city government, with ready legal means of fixing responsibility.
 * (10) Adequate provision for schools, recreations and culture, including moral progress.
 * (11) Provision for acquaintance, with common understanding and coöperation, between the different elements of the citizenship.

6. The fact that the laws place some of these interests under official charge and leave others to take their chances of voluntary attention, does not necessarily answer the question, "What must be done to get these interests better protected." Experience has shown that in private or public corporations, irresponsible constituencies make irresponsible officials. The stockholding citizens must influence the selection, audit the accounts, and control the conduct of every paid servant, as well as organize means of performing public services which government has not been commanded to perform.

7. The impulse in Chicago which has called our committee into existence is of the same nature with municipal attempts in other cities. If we understand the motives which are at work among Chicago citizens, however, civic federation here must have wider scope and draw to itself more different kinds of interests than either of the organizations which might be named in other cities. The present demand of public-spirited citizens in Chicago appears to be for a


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 OBITUARY.

MANSEL LONGWORTH DAMES.

announcement of the death of Mr. Mansel Longworth Dames, which occurred on 8th January last, in his seventy-second year, will cause widespread regret among members of the Society. Mr. Dames passed the Indian Civil Service examination in 1868, and on his arrival in India in 1870 was posted to the Panjab, where he served continuously till his retirement in 1897, with an interlude in 1870, when he was on special duty with the troops during the second Afghan war.

Much of his service was passed in the trans-Indus districts, where he had opportunities for studying the Baluch race and became an authority on the various dialects of the Baluchi and Pushtu languages.

In 1891 he published a Baluchi grammar and text-book, used for many years as manuals of instruction. He contributed in 1904 to the monograph series of the Royal Asiatic Society an account of the Baluch race, and in the following year the Royal Asiatic and the Folk-Lore Societies jointly published in two volumes his Popular Poetry of the Baluchis. In 1903 he contributed to this Journal an article on “Folk-Lore of the Azores.” He was an ardent student of Buddhist art on the north-west frontier of India, and brought with him from there a fine collection of sculpture of the Gandhara period. He also did valuable service in rearranging the Buddhist rooms of the British Museum. For more than twenty years he served the Royal Asiatic Society with unflagging zeal, for part of the time as a Vice-President and Joint-Treasurer, and last year he acted as Honorary Secretary during the absence of Dr. F. W. Thomas.


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United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 17

Rule 17. Plaintiff and Defendant; Capacity; Public Officers

(a) Real Party in Interest.
 * (1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:
 * (A) an executor;
 * (B) an administrator;
 * (C) a guardian;
 * (D) a bailee;
 * (E) a trustee of an express trust;
 * (F) a party with whom or in whose name a contract has been made for another’s benefit; and
 * (G) a party authorized by statute.
 * (2) Action in the Name of the United States for Another’s Use or Benefit. When a federal statute so provides, an action for another’s use or benefit must be brought in the name of the United States.
 * (3) Joinder of the Real Party in Interest. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted into the action. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest.

(b) Capacity to Sue or Be Sued. Capacity to sue or be sued is determined as follows:
 * (1) for an individual who is not acting in a representative capacity, by the law of the individual’s domicile;
 * (2) for a corporation, by the law under which it was organized; and
 * (3) for all other parties, by the law of the state where the court is located, except that:
 * (A) a partnership or other unincorporated association with no such capacity under that state’s law may sue or be sued in its common name to enforce a substantive right existing under the United States Constitution or laws; and
 * (B) 28 U.S.C. §§ 754 and 959 (a) govern the capacity of a receiver appointed by a United States court to sue or be sued in a United States court.

(c) Minor or Incompetent Person.
 * (1) With a Representative. The following representatives may sue or defend on behalf of a minor or an incompetent person:
 * (A) a general guardian;
 * (B) a committee;
 * (C) a conservator; or
 * (D) a like fiduciary.
 * (2) Without a Representative. A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or incompetent person who is unrepresented in an action.

(d) Public Officer’s Title and Name. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer’s name be added.


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 Rh, it was a company of representatives (somewhat arbitrarily selected, to be sure) standing for all the elements in the population that seemed to be honestly desirous of helping to work out civic salvation. This trait appeared first in the following clause of the preamble of the by-laws:

This trait appeared second in the composition of the membership. Whatever various individuals may hold about the relative influence which different classes ought to have upon civic action, there is practically no difference of opinion in Chicago about the fundamental necessity of basing social prosperity of all sorts upon a secure foundation of business principles. Like all other enlightened people in the world, Chicago citizens are eager for comfort and culture, for the enjoyment of music and art, for the benefits of high standards of honor, for the security that comes from progress in genuine learning, morality and religion. But scholar, priest, preacher, philanthropist, politician and financier are frankly agreed in Chicago that however desirable the flowers and fruits of human development may be, there is no short-cut to the possession of them by the average man; and the only way to make them more general is to reckon with the wisdom which experience has taught in the conduct of business, on which the possibility of all real progress depends. Accordingly it was perfectly in accord with the genius of the city, and at the same time with the dictates of right reason, that a large nucleus of successful organizers of business should be provided for in the new organization. It is needless to catalogue the other types of membership, but it should be noted that in all departments of effort which the Federation has undertaken, the active partnership of the commercial element with politics, law,