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The Encyclopedia Americana (1920)/Induction (logic)

INDUCTION, in logic, that method of reasoning which establishes general laws or

specific predictions of future, present or past facts on the basis of individual experiences. It is the type of argument by which, let us say, the law of universal gravitation is demonstrated on the basis of observations as to the mutual attraction of certain given bodies, or by which an insurance company is able to determine a safe price for future policies on the basis of past statistical tables, or by which the geologist may describe the history of a certain drainage system through his knowledge of the present status of the system and of the modifications taking place in the drainage systems of the present time. Induction differs from deduction not only in that it starts from particular facts rather than general laws, but also in that the propositions derived by an induction (not covering every single case of the law it sets out to establish) never even appear to have that apodictic certainty which we naturally attribute to the results of correct deduction from indisputable premises. An induced conclusion is only probably true; furthermore, if it is at all precise in its terms, it is in general only approximately true. The probable correctness of the successive digits of a decimal fraction obtained by inductive reasoning falls off with amazing rapidity. A number, the first nine digits of which are all but absolutely certain, may well have a highly probable 10th digit, a likely 11th and an absolutely worthless 12th.

Induction, then, is the probable and approximate demonstration of laws or predictions on the basis of concrete experiences. It is not what it has been considered by Hume and the other 18th century British empiricists: the formation of general ideas — i.e., universals — from mere particulars. In the first place, a universal is not a universal law, nor is a fact a particular. But furthermore, we do not form the notion of red by looking at this red thing and that, and abstracting from them their common quality, nor by associating with the image of one red thing all our past experiences of red objects. There are an endless number of attributes possessed by a group of things, and even exclusively possessed by this group. Redness can only be one of these. When we see the group we recognize redness either as the color quality they possess in common or as their simplest common attribute, or because redness is the property that most attracts our attention. In all these cases we must have a concomitant or antecedent consciousness of a universal — of color, simplicity or redness itself. The process described by the British empiricists simply does not exist, and every formation of a general notion from experience involves an existing awareness of general notions. That is, notwithstanding the contrary opinion of the nominalists, the general notions of qualities and relations which enter into the presentment of inductive laws are not mere mosaics of particular sense data. In a like manner, the inductive laws themselves are not mere mosaics of particular facts. A very common expression among inductive logicians, due to J. S. Mill, is “the uniformity of nature.” We are justified in proceeding from this fact and that fact and the other fact to the general law subsuming them all because nature is uniform. This principle of the uniformity of nature has two very different meanings. It may be little more than a tautology or it may be the cardinal law of

natural science — or all science, for the matter of that. If the uniformity of nature means simply what it says, it means merely that two occurrences can never agree in all but one aspect and disagree in that one. Now, as even an approximately complete inventory of the aspects of an occurrence is never at our disposal, and since moreover the temporal and spatial position of an occurrence must be considered in enumerating its aspects, this law tells us, for all practical purposes, absolutely nothing. Nature might be perfectly uniform, even though the jumping of a flea should determine the motions of the planets; the establishment of astronomical laws, however, would be a somewhat difficult pursuit.

The uniformity of nature, as the scientist understands it, is much more than this. It could be called more appropriately the continuity of nature. Perhaps it is best to consider it in the form which it assumes in the Newtonian physics. In the Newtonian physics, the world is completely described when the density of the matter occupying each point of space at some instant is known, together with the magnitude and direction of its velocity. The investigations of physics consist then in determining the actual form of the relation between quantities representing time, space, local density, direction and magnitude of velocity. In the attempts to discover the function which the time forms of the remaining seven variables, one assumption is always made — that this function is in general (i.e., in the language of the mathematician except at a set of points of zero measure) what the mathematicians term analytic. One consequence of this is that the function is continuous — i.e., by making sufficiently small changes in the seven variables, we may make the difference of time that results smaller than any assigned quantity, and keep it smaller. Furthermore, if we take a large number of experimental determinations of the time and the other seven variables, it is possible to construct a unique function of the seven variables which will represent the time at each of these points and which, by simply increasing the number of experiments, may be made to differ from the function representing the actual course of phenomena by less than any assigned quantity over any desired period of time. Two things follow: first, sufficiently slight errors in the observations only mean slight errors in the law covering the observations; secondly, by increasing the number of observations, it is possible to render the maximum error in the law formulated to cover them less than any given value. These facts assure us that by taking a sufficient number of observations, and by exercising a sufficient amount of care in each observation, we may approximate as near to the truth as we desire. That the amount of labor in obtaining a reasonable approximation is not beyond all human powers is an article of faith which may be said to constitute a part of what we mean by the law of the uniformity of nature. Other important elements have to do with the spatial distribution of phenomena. Not only the very small, but also the very remote, is inaccessible to observation and measurement. The existence of a scientific physics depends on our ability to neglect the phenomena at sufficiently great astronomical distances. Similar propositions assuring us of the negligibility of that

which is sufficiently difficult to observe are basal for other aspects of physical theory.

The law of the uniformity of nature in physics then involves something like the following aggregate of statements: (1) There is a single equation subsisting between the time, the density of matter at every point of space at the time, and the direction and magnitude of velocity at that point. (2) This equation is such that each of the unknowns involved is in general an analytic function of all the rest — that is, among other things, that sufficiently small changes in the other unknowns produce only slight changes therein. (3) The error as to the occurrences near us made by considering only those physical phenomena within a sphere of finite radius with ourselves at the centre ultimately decreases very fast as the radius of the sphere increases.

If these statements are taken together with rough estimates of the order of magnitude of the change that the changes of some of the physical phenomena mentioned in 2 and 3 entail in others, we have the barest outline of the law of the uniformity of nature as it is found in physics. This law is very far from being a tautology — it is not even obvious. Furthermore, it is specifically a law of physics, and has only been established since the time of Newton by inductive physical researches. Other disciplines, such as psychology, have related but different laws of uniformity. They all involve statements of the continuity of certain concrete phenomena. It appears, then, that induction demands antecedent universal propositions that are not identically true — ex puris particularibus nil concluditur is not confined to deduction. These synthetic propositions, a priori at least in part, go back and back until in the last analysis they are due simply to a general consonance between the human mind and the facts of nature. This consonance, which consists largely in a preference for continuity both on the part of the mind and of nature, is continually rendered more perfect by the attrition of our imaginings in the places where they disagree with our observations. The history of science consists in a gradual remodeling of each theory in the points where it is wrong, in a mathematical treatment of the errors of the last mathematical treatment. It will be seen that in the theory here developed the distinction between induction and deduction is not absolute, but is rather one of degree and attitude. The stages of an inductive research are: (1) the imagination of a theory to fit the facts; (2) the deduction of the consequences of the theory; (3) the verification of these consequences and the observation of their errors; (4) the imagination of a theory to account for the errors of the original theory or the formulation of a new theory avoiding these errors. The process runs through a regular never-ending cycle. Stages (1) and (2) are identically those of the mathematician in his purely deductive reasoning. Stages (3) and (4) may be paralleled in a mathematical research where the object is the formation of an algorithm which will subserve an especial end. The only difference is that the verification which the mathematician makes is complete, that of the physicist incomplete.

The importance given to continuity in this article may be expressed by saying that the chief inductive method of the scientist is what Mill

calls the method of concomitant variations. Mill's canon for this method is: “Whatever phenomenon varies in any manner wherever another phenomenon varies in some particular manner' is either a cause or an effect of that phenomenon, or is connected with it through some fact of causation.”

It will be noted that Mill gives a causal interpretation to the method. It has always been the custom of the philosopher, and almost never the custom of the scientist, to interpret the laws of nature under the aspect of cause. A law of nature is simply a more or less precise formula to which occurrences conform. Sometimes, and only sometimes, the correlated phenomena will have a temporal order, and we may talk of antecedents and consequents. In such a case the antecedents may be called causes and the consequents effects. This implies no obscure effective force emanating from the cause and proceeding to the effect — Hume demolished that notion long ago. A causal interpretation of the universe, then, consists merely in selecting one especial type of inductive correlation and elevating it to the type of all induction whatever.

Causal language is particularly adapted to vague, ill-defined phenomena, about which we can assert little but their presence or absence. Accordingly Mill's remaining canons of induction deal with such phenomena. The method of agreement argues a causal relation between A and B when two trains of circumstances are known which begin in A, and have nothing else in common except their termination in B. The method of difference concludes that A causes B if a train of events is known which contains A and ends in B, while a train of events precisely similar except in that it does not contain A likewise fails to contain B. The joint method of agreement and difference is what its name would imply. The method of residues is that in which the unexplained parts of a nexus of events are linked up with one another. Not one of these methods is without grave dangers except in the hands of the scientist with a concrete knowledge of the field where he applies it. The artificial division or antecedent and consequent alike into a jig-saw puzzle of yes and no occurrences is vicious in the extreme.

Induction has been a method of human reasoning from time immemorial, and has especially characterized those centuries since Francis Bacon. Aristotle, who was the first to recognize induction as a scientific method, gave a very scant account of induction other than that by a complete enumeration of instances. Bacon followed him in this excessive restriction of inductive reasoning. The beginning of the 17th century marks a period when the progress of science had forced a consciousness of the inadequacy of the Aristotelian logic upon the world of learning. The accepted theory of deductive reasoning began to be supplemented in practice by a methodology, but no approximately adequate treatment of this methodology was developed until the middle of the 19th century. In 1840 Whewell (q.v.) published a work in which for the first time due credit was given to the function of imagining and speculation in inductive reasoning. Soon afterward Mill published his ‘Logic,’ in which he formulated the five methods of inductive research that have already been mentioned, and expressed the

theory, also mentioned above, that every induction in a syllogism with the uniformity of the nature as its major premise. Since the time of Mill the growth of inductive logic and methodology has been extremely rapid. (See ). Consult Aristotle, ‘Organon’; Bacon, F., ‘Novum Organum’; Joseph, H. W. B., ‘Introduction to Logic’ (Oxford 1906); Mill, J. S., ‘System of Logic’ (London 1843); Russell, B. A. W., ‘Our Knowledge of the External World’ (Chicago 1914); Welton, ‘Manual of Logic’ (Pt. 11, London 1896); Whewell, W., ‘Philosophy of the Inductive Sciences’ (London 1840).


text:
Author:George Howard Parker

Works

 * "Darwin's Voyage of the Beagle" in The Harvard Classics, Vol. 51 (1914)

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

title: Author:George Howard Parker


text: Author:Norbert Wiener

title: Author:Norbert Wiener


text:
The Encyclopedia Americana (1920)/Ames, Adelbert

AMES, Adelbert, American soldier: b. Rockland, Me., 31 Oct. 1835. Graduating at West Point in 1861 he was assigned to the artillery and served through the Civil War with distinction; was wounded at Bull Run and brevetted for gallantry there; took part in nearly all the battles of the Peninsular campaign, in Fredericksburg, Chancellorsville, Antietam, Gettysburg and before Petersburg; was brevetted colonel, was brevetted major-general of volunteers for conduct at the capture of Fort Fisher and major-general in the regular army for general conduct in the war. From 1868 to 1876 he was in the thick of the “carpet-bag” troubles; upheld by United States troops, the negro vote and recent immigrants, and bitterly fought by the mass of the white inhabitants, Mississippi was among the last of the revolted States to accept Reconstruction or the War Amendments as fixed facts and the preponderant negro population made the race problem more acute there than anywhere else in the South. The elements at Ames' disposal were unfit to base even a decent civilized structure upon, and the State soon went into anarchy tempered by local vigilance committees. In 1873 he was elected governor of Mississippi. His governorship was charged with sacrificing the civilized interests of the State to the blacks, and on 7 December there was a sanguinary race riot at Vicksburg, followed by others throughout the State. Ames sent to Washington for more troops to maintain order, the white party countered with fresh charges, a congressional investigating committee was appointed and for two years the State had — like several Southern States through this period — a formal government perfectly powerless, and a real government consisting of the rough consensus of interest among the larger white landowners. The legislature which met in January 1874 impeached Ames and all his executive officers; the State administration was paralyzed; the national administration tired of upholding impossible local governments; and Ames finally agreed to resign if the impeachment were withdrawn. He at once removed to New York; later to Lowell, Mass. In the Spanish-American War he was a brigadier-general of volunteers.


text:
Author:Edward Byles Cowell

Works

 * The Harṣa-carita of Bāṇa (tr. 1897)
 * "The Mesnavi of Jelaleddin Rumi," The Gentleman's Magazine, N.S. 30, 1848, pp. 39-46, 148-52.
 * "Persian Cuneiform Inscriptions and Persian Ballads," Westminster and Foreign Quarterly Review 53, 1850, pp. 38-56.
 * "Omar Khayyam, the Astronomer Poet of Persia", Calcutta Review 30, 1858, pp. 149-62.
 * "Gyges' Ring in Plato and Nizami," J(R)ASB 3, no. 2, 1861, pp. 151-57.
 * "Two Kasídahs of the Persian Poet Anwarí," with E. H. Palmer, The Journal of Philology 4, no. 7, 1872, pp. 1-47.
 * Buddhist Mahâyâna Texts. Part 1. The Buddha-karita of Asvaghosha, translated from the Sanskrit, in the Sacred Books of the East, vol. 49, Oxford University Press, 1894.

Works about Cowell

 * "Cowell, Edward Byles", in Dictionary of Indian Biography (1906)
 * "Cowell, Edward Byles", in Dictionary of Indian Biography (1906)

title: Author:Edward Byles Cowell


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The Encyclopedia Americana (1920)/Ames, Oakes

AMES, Oakes, American manufacturer and promoter: b. Easton, Mass., 10 Jan. 1804; d. 8 May 1873. The son of a blacksmith who had become a manufacturer of highly reputed picks and shovels, he trained himself in his father's

works, and with his brother joined the firm as Oliver Ames & Sons. The opening up of California in 1848 and Australia in 1851 by the gold discoveries created an immense demand for their goods in mining, settlement and railroad building, which raised the firm to the front rank in business and wealth; and in the Civil War they had great contracts for shovels, swords, etc. Mr. Ames was in the Massachusetts executive council 1861, and Congressman 1862 till death. In 1864 the failure of attempts to carry through the nationally exigent Pacific Railroad led President Lincoln's government to call on Mr. Ames to undertake it. He risked financial ruin if it failed, investing $1,000,000 and making his whole fortune responsible for the rest; it could not be expected that he should forego a corresponding profit if it succeeded. The work was finally accomplished by organizing a construction company (see ), which paid itself largely in stock and bonds of the Union Pacific, practically making the two companies one, and enabling the former to charge the latter its own prices for work and supplies, the government paying the bills. Credit Mobilier stock became enormously valuable, and the directors were charged with cheating the government and using the stock to buy congressional support for the fraud. Mr. Ames' anomalous position as Congressman, director in both companies, contractor for immense supplies to the railroad, and the ablest manager of the whole enterprise, caused the chief fury of the assault to fall on him; and in the tremendous public scandal and investigation which followed he was censured by the 42d Congress and died shortly after. His son Oliver (q.v.), however, induced the Massachusetts legislature to re-examine the case, and on 10 May 1883 (the 14th anniversary of the completion of the railroad) it passed a resolution exonerating Mr. Ames. The Union Pacific Railroad erected a monument to his memory at Sherman, Wyo., the crest of the road, 8,550 feet above the sea.


text:
Author:Charles Rockwell Lanman

Works

 * The Whitney Memorial Meeting, editor (1897)
 * Memorial Address
 * "Buddhism" in The Harvard Classics, Vol. 51 (1914)
 * Editor for the Harvard Oriental Series
 * Atharva-Veda Samhita, editor (1905)

title: Author:Charles Rockwell Lanman


text:
Author:Alfred Dwight Sheffield

Works

 * "Confucianism" in The Harvard Classics, Vol. 51 (1914)

title: Author:Alfred Dwight Sheffield


text:
Author talk:Clifford Herschel Moore

Image
Image exists at this source, though available copy of source was not of quality to extract
 * Passport Applications, January 2, 1906 - March 31, 1925 (M1490) > 1921 - 1922 > Roll 1811 - Certificates: 110476-110849, 11 Jan 1922-13 Jan 1922 > 597

title: Author talk:Clifford Herschel Moore


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The Encyclopedia Americana (1920)/Ames, Oliver (brother)

AMES, Oliver, American manufacturer, brother of Oakes above: b. Plymouth, Mass., 5 Nov. 1807; d. 9 March 1877. His brother's partner, he was a sharer in all his business enterprises; president pro tempore of the Union Pacific Railroad 1866-68, formal president 1868-71; a director in the Credit Mobilier. After his brother's death he became head of the manufacturing firm. He was a member of the State senate, 1852 and 1857.


text:
Category:History of the British Isles

Histories of Ireland, Great Britain (Scotland, Wales, and England), and associated minor islands

title: Category:History of the British Isles


text:
Page:The Perth Gazette and Western Australian Journal 1(3).djvu/2

 The private alluded to in the letter is permitted to wear plain clothes, in consequence of being Messman to the Officers; and this is an indulgence granted to Messmen elsewhere. He is allowed, like the other married Soldiers, to reside in his own house in which his wife keeps her shop. The Messmen elsewhere are exempted from Regimental duty; this man (owing to the small force here,) is not. It is a natural and unavoidable consequence that he is frequently seen in the shop, as well as in other parts of his house; and that, at leisure times, he may be occasionally seen to assist his wife. This same individual, is alluded to have sold his ration flour at the rate of six shillings for four pounds. He declares this statement to be an utter falsehood. As to a Soldier's wife selling the rations of herself and children, should it prove advantageous to them, no commanding Officer would prevent it, and with him the decision of such points solely rests.

The quantity of flour, or other articles bought from the "Cornwallis" by the wife of this individual (for the assertion that it was bought for him or her, as they state, is a wanton falsehood,) is a point with which the public have no right to meddle. His Officers certainly have no such right. The supposition, that it is impossible for his wife to carry on any trade or business, because she can neither read or write; is contradicted by the actual experience of cases occuring within the Colony; cases so notorious, that only wilful forgetfulness can have overlooked them.

The writer of the letter referred to, evidently wishes to deceive his readers with the idea that he is advocating the cause of the Colonists at large; and that the practice which he censures is adverse to the interests of the Settlers generally. But unluckily, he defines "the Settlers" to be persons, who have come to this Colony to establish themselves in some trade or business; a definition which is strongly indicative of his own particular interests and motives, and will satisfy most of his readers, that he has really in view the interests of only a very small portion of the Settlers, of whom the great majority, it is confidently believed, will readily admit themselves to have received a decided benefit from the petty traffic carried on by the Soldiers wives at Perth; a direct benefit in point of convenience, and an indirect advantage from competition. The very few Soldiers wives who have engaged in trade in this Colony, have been distinguished for their good conduct and punctuality in matters of business, they, as well as others, have left "their friends and dear native Country," and have families to support. It is unjust, cruel and unmanly to attempt the ruin of a few industrious females, because they have prospered, (to the displeasure of interested envy and illnature,) in the pursuit of a lawful occupation, not prohibited by any law Civil or Military. I am Sir, Your obedient Servant An Officer of His Majesty's 63rd Regt.

To the Editor of the Perth Gazette, Fremantle January 13th, 1833. Sir,

In consequence of what appeared in your paper of Saturday last respecting a Meeting which took place not far from Perth, I consider it my duty to refute a statement that might prove injuriously erronious in its consequences, I beg leave to inform you Mr. L. did not send a Challenge consequently could not retract, and I take the liberty of adding whatever Mr. L's conduct might have been the proceeding evening, his behaviour on the ground was most honourable and Gentlemanly.

Mr. L's note is yet in existance, and I defy any person to construe it a challenge, or in any way animadvert, Mr. L's conduct on the morning in question, which was Wednesday and not Monday as was stated in your paper.

By given publicity to this you will greatly oblige A Witness.

(Extract from the Launceston Advertiser. 22nd November. 1832.)

The extraordinary panic that exists in our commercial world, and consequently affects every interest of our little body, is truly distressing. We do not pretend to foretell where it will end. Specie seems entirely to be withdrawn from circulation: nothing but notes being obtainable. It is with the greatesgreatest [sic] difficulty exchange of a note can be made, except at the Bank; and unless some prompt measures are adopted, the cashiers, we foresee, will be drained by the Assistant Treasurer's drafts, and every fraction of our gold and silver will be locked up in the Commissariat chests. We shall be bankrupts; with effects to pay 40s. in the pound, if required. The county of Cornwall is still wealthy; but our wealth lies in flocks and herds, and land. One measure that will aid us will be, the people exercising confidence in each other, and giving time for re-action. The present dilemma is the effect of too great an indulgence in bill trading—and the sudden check given by the Banks limiting their discounts. Time will work a cure: but not until much distress has been felt, individually and generally. When the system has become thoroughly purged, we may look forward to a more healthy state of being than has been before known. But during the process of purification, many of the members of the community w11 be lopped off: they will not be able to stand so severe a shaking. Disease, which has long lain at the core, will break out, and the sufferer will not be able to recover before it is too late to rescue himself from the torrent of distress which hurries all before it to misery. Another method which would relieve us for a period, would be the non-payment of duties; by ceasing for a time to drink spirits. For this is one great, yea, the principal draw-back at present. The merchant draws his hogsheads of rum from the bonding warehouse, and hands over payment of the duties by cheques on the bank; these go into the hands of the Treasurer, who demands and receives payment, not in notes, but in specie—gold and silver; which he pays into the Commissariat - and there it lies, under lock and key. Unless some prompt steps be taken, we can scarcely bear to reflect on the consequence to our commercial world. When once we are extricated from our present maze, may we become more thoughtful and provident for the future. Let us endeavour to shut out foreign productions; and seek supplies of our own providing. If we must drink spirits let local breweries and distilleries be encouraged: that we may reap the double advantage of saving the enormous sums paid in duties upon foreign spirits; and of consuming the produce of our own lands—barley, and so forth. The experience of the past will be dearly purchased; and we should hope, would at least, be productive of good results in future days.

IMPORTED per "Thistle" 12 kegs Butter, 86 bars Iron, 1 bale Slops, 2 cases Stationery, 3 Hardware, 1 crate Tinware, 1 bundle—1 case Haberdashery, 1 cask Crockery, 3 cases and 2 bags Shoes, 1 cask Saddles, 1 case Bridles, 2 cases Starch, 2 bundles Chairs, 79 bags Wheat, 10 tons Flour, 1¼ Pollard, 43 bushels, Bran, 63 Oats, 800 split weather Boards, 5000 Laths, 21000 Shingles, 3 bags Hams and Bacon, 6 casks Harness, 1 chest Hardware, 1 bundle Wheels, 10 bags Wheat, 1 cask Beef, 1 bag Oats, 6 hbds. Rum, 2 puncheons, 1 case Hats, 1 chain Cable, 2 bundles Leather, 6 cases Brandy, 48 casks Flour, ¼ ton cheese.

THE

WESTERN AUSTRALIAN

JOURNAL.

The two Natives who arrived in the Thistle from King Georges Sound, are named Manyat, and Gyallipert. Their taking, to them, so distant and dangerous a voyage, shews in a most marked manner the beneficial confidence, which an uniformly humane, and kind treatment pursued since the earliest settlement of King Georges Sound, by every rank of inhabitant towards the Natives, has instilled, not only into the minds of these individuals, but into the whole of their tribe, with whose full consent they embarked.

Yesterday morning they were taken by two gentlemen Mr. Collie, Colonial Surgeon, and Mr. Mc B. Brown, to obtain an interview with their fellow Aborigines of Swan River, who were understood to be in considerable numbers at Monger's Lake, (at the back of Perth,) in order to ascertain the feeling and understanding that would ensue between them. Mr. Monger being met near his house readily joined the party; and to his former friendship and acquaintance with the tribe (Yellagonga's) the speedy and amicable interview which succeeded was principally owing, as the Swan river Natives betrayed considerable diffidence to the strangers; yet they eagerly entered into conversation with Manyat and Gyallipert. The two dialects are so different as to be understood by the two parties sufficiently only, for the interchange of the names of their respective districts, and those of some of the adjoining tribes.

The scene which was highly interesting was enhanced by Gyallipert and a man named Mundee exchanging skin cloaks, and the former receiving to boot, a most hearty salutation on both sides of the face from an aged lady, as a seal of this testimony of friendship.

The arrival of these natives will lead in every probability to the ultimate establishment of an amicable intercourse with the original possessors of the country, throughout the Colony, a result most sincerely to be desired.

We have received Launceston Advertiser's up to the 29th. of November 1832 but they contain nothing of importance. The opinions formed of this Colony upon the representations of individuals, either interested in condemning us, or incapable of forming a proper estimate of our merits, seem to have undergone a favourable change, the Journals contain many interesting letters from this place which being written by parties of character and respectability, cannot fail to restore to us that meed of Justice to which our exertions and various advantages have long entitled us Amongst the rest, we notice a letter from His Honour the Lieutenant Governor to a friend at Graham's Town, which originally appeared in the Journal of that place, and was subsequently copied in several other periodical publications. The correctness of the statements, as well as the authority from which it emanates, will be productive we have no doubt of considerable advantage to the Colony.

A new weekly Publication under the title of the "Hobart Town Chronicle" was to be published, by Mr. Ross the Editor of the Courier, at the commencement of this year. His ability and strictly honorable principles, will not fail to gain him extensive and liberal support.

WEIGHTS AND MEASURES. We perceive the difficiencydeficiency [sic] in weights and measures is as sensibly felt in the sister Colonies, as in our own. In most instances we are disposed to believe the error arises from ignorance, and not design, we think therefore, it is high time our Shopkeepers were better informed. The Launceston Advertiser observes "It is a pity amongst the bakers, some individual cannot be found to adopt the system of weighing each loaf at the counter—in presence of the customer. This open display of honest dealing would soon amply compensate, the dealer, by the increase of trade which would in consequence take place.

The fine may be instructive here!! In the mean time it is to be hoped the attention of the Legislative Council, at an early period, will be directed to the establishment of some regular Standard. In the absence of proper weights we believe dumps and half-pence are frequently used.

SHIPPING INTELLIGENCE.

Arrival.—The Thistle, Capt. Liddle from Launceston.—Supercargo Mr. S. G, Henty. Passengers Mr. John Henty, and two Natives from King George sound.

17th. the Sir Francis Mc Naughten, Captain Alley, for Timor,—Passenger Mr. Edwards


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Page:The Perth Gazette and Western Australian Journal 1(3).djvu/1

 ' '

NEW SERIES

VOL I. ]

GOVERNMENT NOTICE.

Surveyor General's Office Perth, 10th January, 1833. The Lieutenant Governor in Council has granted the following Town Allotments.

PERTH.

C 1, Alexander Collie F 12, William Nye G 8, William Birch H 20, Robert Moore N 5, John B. Pettit X 5, Edward G. Collinson X 6, Mary Lucile Birkett N 9, Thomas Morris All, William M. Carew

GUILDFORD ———0000———

A 94, George Williams 117, Valentine Pickey 158, William Jones 159, William Jones, Junior

FREMANTLE ———0000———

5, William Lamb 55, 56, William Heard 250, John Duffield 355, Richard Morrell 401, Lydia C. Duffield 416, Charles Hole Duffield 407, Richard Maxworthy 408, William Dixon 409, William Dixon 96, 97 James Solomon, 207, W. N. Clark, and C, Spyers, 206, W. N. Clark and C. Spyers, 404, Lowis, Houghton, and Yule, 405, Louis, Houghton, and Yule s406, Louis, Houghton, and Yule, L James Solomon, (suburban) 417, Marshall Mac Dermott, 433, Government 448, Government,

ALBANY. ———0000———

S 12, Alfred Hillman, No. 83, Alfred Hillman, B 7, Alfred Hillman, J. S. Roe, Surveyor General.

Colonial Secretary's 0ffice January 18th, 1833.

DEED OF GRANT.

Title Deeds of the Grants of the undermentioned Individuals having passed the Executive Council, are now in this Office for delivery on Application:—viz

SWAN RIVER.

1 . .. . Marshall Mc Dermott. .. . No. 5 2 . ... William Lamb. No. 6 3 . .. F. C. Irwin, and W. H. Mackie.No, 9

CANNING RIVER.

4-William Nairn. No. 10

PERTH.

5 ... . James Mc Dermott.No. 1 6 . .. . Mary Hodges.No. 2 7 . .. . Henry Willey Reveley. . No. 6 8 . ditto.ditto.No. 7

FREMANTLE.

9 .. . James Mc Dermott.No. 3 10.ditto.ditto.No. 4 11.ditto.ditto.No. 5 12 .... James Solomon. No: 8

PETER BROWN, Colonial Secretary.

NOTICE is hereby given that Mr. John Purkis, and James Perie Watts have applied at this Office for permission to leave the Colony: per "Governor Bourke."

By Command of His Honour PETER BROWN, Colonial Secretary.

Colonial Secretary's Office Perth, January 17th 1833

FOR THE CAPE OF GOOD HOPE. To Sail on the 24th Inst.

The fine Brig Cornwallis, Captain Henderson. For Freight or passage apply to WILLIAM SAMSON, Fremantle.

GENERAL POST-OFFICE. A MAIL for England via the Cape of Good Hope, Per Cornwallis Captain Henderson, will be closed on the 24th Inst. Charles Macfaull, Post Master.

TO BE SOLD BY PUBLIC AUCTION, At Mr. Duffields, Fremantle. On Tuesday, the 22nd January 1833. At 6 o'clock in the evening.

All the landed property belonging to Mr. J. Duffield, particulars of which are given in hand bills. Also will be sold by Auction in about a months time all Mr. Duffields moveable property.

All Persons having any claim on Mr. Duffield, are requested to send in their accounts, and all persons indebted to him are requested to settle their accounts without delay.

J. A. DUTTON, Auctioneer.

SALE BY PUBLIC AUCTION. CHARLES SMITH, AUCTIONEER On Tuesday next the 22nd. Inst. AT THE JETTY PERTH.

A quantity of fine Sydney Flour, Manilla Hats, Candles, Sydney Beef, &c. January l5th 1833,

NOTICE All persons indebted to or having any claims against Mr. William Samson, of Fremantle, are requested to send in their accounts forthwith, as Mr Samson is upon the point of leaving the Colony for a short period. Fremantle, 15th January 1833.

£300. Wanted on Loan, the sum of £300 one half in Stores, and the other in Cash. The security offered, consisting of real and improved property in this Colony, is unexceptionable.

For particulars apply to W. N. Clarke Solicitor, Fremantle.

January 16th. 1833.

ON SALE AT THE STORES, OF THE UNDERSIGNED. Perth, and Fremantle, Jan. 17th, 1833.

Cogniac Brandy Cape Wine, Ale in hogsheads, Beef, Irish Prime Mess Pork, Candles, Arrack, Hops, Raisins, Dried Fruits, Apples, Pears, Apricots, Peaches. Prime Butter, Snuff in Canisters, Window Glass, Brass Cocks, Spades, Pick Axes, Sickles, Nails, Steel Mills, Ladies' and Gentlemen's Gloves, An assortment of Cotton, and Worsted Stockings, Men's Strong Shoes Cart and Waggon Wheels, Corks, Cigars, Crockery, Cloves, Nutmegs, Pepper, Shot, Iron and Steel in Bars, London Mustard, Tin Mugs, Pickles, Pitch and Tar, White, Black, and Green Paint, Mauritius Sugar, Fine and Common Black and Green Teas, London Soap, Seeds, Stationery and Account Books, Slops, Jackets, Sadlery, Tobacco. G..

TO BE LET with immediate possession a Dwelling house and Store, eligibly situate in High Street Fremantle, and enclosed within a stone wall. The proprietor leaving the Colony will let the Premises on most reasonable terms. All persons having any claim on the undersigned are requested to send in the same immediately, and those, indebted, will be pleased to settle, their accounts forthwith.

Philip H. Dod.

Fremantle January 17, 1833.

by special License on the 7th September, last at Preston Point by the Rev. J. B. Wittenoom, Mr. John Weavell late of Fremantle Merchant, to Sophia Daughter of the late Captain Logan, of. the 62nd Buffs, and, Sister to Lieutenant Colonel Logan of H. M. 63rd Regiment.

To the Editor of the Perth Gazette. Sir,

You will oblige me by inserting the following reply to a letter, which appeared in your last Number, calling on one of the Officers of the 63rd. Regiment to explain why Privates of that Corps are permitted to trade.

The Soldiers of the 63rd Regiment stationed here, are strictly prohibited from trading; and in order to prevent their wives, when so engaged, from having any advantage over trading Settlers, they have been required from the commencement of the present year, either to give up traffic, or to relinquish the rations allowed them and their children. Those who have chosen the latter alternative are no longer under Military control; and are consequently as free as any class of Settlers, to follow what pursuit they please. None but married Soldiers are permitted here to live out of Barracks, and this only during good behaviour; an indulgence granted them at home, and in other Colonies.


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 WANTON ATTACK UPON THE NATIVES. We have been informed that a most wanton attack was made upon the Natives, in the neighbourhood of Armstrong's Point, during last week, by a party returning from Perth to Fremantle. Although unprovoked by any act on the part of the Natives they fired several rounds upon them. It is said the guns were merely charged with powder; admitting this, the attack was equally unwarrantable, and it is to be hoped will not be repeated.

CIVIL COURT, 5th January 1833.

——000——

Before G. F. Moore Esquire, Commissioner.

This was an action to recover £245, for employing an indentured Servant.

Graham v. Wright. Mr. Clarke appeared for the Plaintiff, and handed in Mrs. Weavell's Affidavit, in consequence of her continued illness. It was to this effect, that she left England in the year 1829, and that Ann Tew was previously her servant; there was a verbal agreement on leaving England, and she (Mrs. Weavell) had every reason to beleive, that it was reduced to writing on arrival here. Beleves the document, and Signature to be the writings alluded to Ann Tew broke through a window. Not aware whether she left with permission or not. She snatched a paper and burnt it, which Capt. Graham said was her agreement, but I did not think him serious.

The Commissioner—considering the Indentures sufficiently proved, the Witnesses were called.

Charles Spiers.—Recollect seeing a Notice stuck upon Mr. Samson's door, cautioning any person from hiring Ann Tew, as they would be prosecuted; it was about March 1831.

Cross-examined.—Don't know whether Mr.Wright saw the Notice.

Commissioner—to Mr. Clarke—do you rely upon the Notice? I don't know whether I am anticipating, but I may as well state, that unless you prove having given Notice to Defendant himself.

Mr. Clarke.—but I presume a Notice inserted in a public Paper.

Commissioner.—Rather a violent presumption! By no means, unless in the Gazette, and I have even my doubts about that. It is well established, that the party employing an indentured servant should have Notice himself.

Mr. Clarke.—He had Notice from me.

Commissioner.—Well then—as I observed, I am premature.

Louisa Wood.—Deposed to going with Ann Tew to Capt. Graham's at Richmond House. He asked her when she was going to pay him the passage money, she said she "had no money to pay." Witness left her there, but she did not stop all night.

The Commissioner.—I thought by hearing her talk that she did not owe him any thing.

Ann Tew.—Recollects Mr. Wright receiving a letter from Mr. Clarke as Agent for Capt. Graham, calling upon him to pay her passage money. The letter stated "knowing me to be an Indentured servant" I said I did not know any thing of the kind. Don't know what answer was given to the letter. Am still in the service of Mr. Wright.

Crossexamined, don't know how many days Capt. Graham locked me up, because I had got out. He said several times I might go where I liked. My clothes remained there until I sent for them.

By The Commissioner.—I burnt the Indentures in an old iron pot. Capt. Graham was standing out side the door went in and brought them out. Looked at them; they were drawn out the same as those he says I signed; I think it was in May 1831.

By Mr. Clarke.—I applied for permission to leave the Colony, it was then the Notice was stuck up.

By the Commissioner.—Capt, Graham persuaded me to sign the paper under the pretence, that I should otherwise not be allowed to stop in the Colony.

Mr. Clarke, here put a question which the Commissioner observed was certainly not a leading but a driving question, it must therefore not be repeated.

Mr. Clarke wished to put a few questions to the Defendant. He knew he need not answer them unless he liked.

The Commissioner.—I think Mr. Clarke if the questions are to answer your purpose, you will have some difficulty in persuading him, and if they are to be of service to him, it would be as well left alone.—People must not lay a trap for those who are busy on their farms. Notice might be up in any of the towns, and not come to the knowledge of the Farmer, in fact in point of law a distinct Notice must be given.

Mr. Clarke.—If Mr. Wright would have come forward in any way the affair might have been settled out of Court.

Mr. Wright.—I said you must first establish your claim.

J. Morgan, sworn,—Remembers Ann Tew being in his service about 18 Months ago, and certainly considered her at that time a free Servant. Engaged her at Fremantle a short time after she left Capt. Graham. Did not receive any Notice from Capt. Graham either verbal or written during the six months she was in his service. He never heard any thing which should lead him to suppose that she was an Indentured servant.

Crossexamined.—Not aware that Capt. Graham knew she was in my service.

By Mr. Wright.—When I sent a cart at her request for her things, to the best of my belief Ann Tew sent her own message, and they were received and placed in my boat.

Commissioner.—This leaves a strong presumption, of an acquiescence in the departure. The date of the summons was 26th October, and notice was given to Mr. Wright only three days prior, the utmost I can allow therefore is the time which elapsed between the notice, and the summons. There is a manifest difference in the liability of the servant, and the person employing, as the latter can only be held liable after proof of notice.

Damages, one shilling and Costs.

Graham v. Ann Tew.—To recover £45 for money advanced by Plaintiff for passage from England. This case was settled out of Court.

On the application of Mr. Solomon, to lay an attachment against H. R. Bond a Baliff of the Court, for illegally seizing and disposing of his property by public Auction.

The Commissioner remarked. That all the power the Court had was to dismiss him from being any further an Officer of the Court.

Mr. Solomon.—But in this Case Sir, the Officer has received an indemnity.

Commissioner.—People ought to be very cautious how they volunteer indemnities. All I can say is I should not like to be in the parties place.

Mr. Solomon.—Mr. Clarke has given the indemnity.

The Commissioner.—In order for me to take any notice of the business, an affidavit must be laid before the Court. An action would lie for trespass and not on the illegal Act; in the one case as an Officer of the Court, in the other as one of the public for doing an illegal thing.

Marrs. v. Wm. Samson.—To recover £15. 10. an overcharge on settling accounts.

It appeared Mr. Samson had sold a part of the Cargo of the 'Governor Bourke' by public Auction, but previously to the sale purchased a quantity of Flour, upon which he had charged his Commission.

Mr. Samson explained,—that the whole of the Cargo was placed in his hands for sale, and a limited price fixed; he gave him his price for the flour, and maintained that had it been put up to auction, he should have been entitled as Auctioneer to one bidding, and consequently would have been paid his auction Fees.

The Commissioner.—This appears to me a case depending entirely upon the Custom of the Trade.

Capt. Henderson, proved that it was a regular practice, if goods were placed in an AgentsAgent's [sic] hands with certain prices, to allow the Commission whether the goods were purchased by the Agent, or sold by other parties. He had frequently done it himself, and in one instance in this Colony.

J. Wood.—Had made an offer to Mr. Samson previously to the purchase, and considered him the Agent. He was under the impression it was to be advertised for sale. Saw the list which was made out and. Flour was in it.

Commissioner.—As this is a case of usage I shall take till tomorrow to give my Judgment.

Verdict for the Defendant, with costs.

COLONEL HANSON'S PAMPHLET.

——OOO——

(Continued)

The town of York was established whilst I was at Perth: a Township upon the banks of a River, beyond the Darling Range, (which by the way I have just mentioned as the scene of Mr. Moore's and Mr. Dale's excursions)—I could give you a sketch of it's position relatively with the low country, but it would be unbecoming in me to trench in the slightest degree upon the province of Mr. Roe, the Surveyor General. He is well known to the public as the very able assistant of Captain King, the Australian Maritime Surveyor, and he will I trust shortly give the world a general Map of this very interesting Colony.

This said town of York, was thriving fast when I came away—the communication had been thoroughly established. A road was also projected between the Swan River and King George's Sound, the latter place having been abandoned as a penal settlement, and attached to the Government of Western Australia.

A most difficult and enterprising journey had been accomplished a short time before I arrived, between the Swan River and King George's Sound—it was conducted by Captain Bannister, late of his Majesty's Service, and a few other fearless individuals who accompanied him. The distance between the two places as the Crow flies, is about 250 miles, but as they had no other guide than a compass, and no correct means of ascertaining their situation, by Astronomical observations, they unhappily deviated from the straight route, and when it is remembered what mountains and forests they had to traverse on their journey, it cannot be matter of astonishment to find, that they reached the South coast of New Holland, 80 miles to the Westward of their destination. Their cattle all died from fatigue, and they were themselves reduced to subsist entirely on shell fish, picked up from the rocks. Happily they fell in with a tribe of good, humane natives from King George's Sound, by whom they were generously succoured, and conducted at length to the end of their eventful and enterprising journey—worn down to the last extremity poor fellows, by famine, fatigue, and all their concomitant evils. Bannister however is now as fresh as ever; and perfectly ready to start upon a second excursion of the same nature. He has written a very interesting account of his journey, and he describes the country generally which he passed over, as equal in beauty and fertility to any country in the world.

A fishing establishment has been formed at Rottenest Island, which promises to furnish an excellent article for exportation. The Snapper, a fish about the size of a Cod, is caught in great abundance upon the coast, and when cured is I think equal to any salt fish I ever tasted. The Salmon is also an excellent fish for the same purpose, which is I believe caught in the Swan River. A small Dock yard near Perth is also giving proofs of Maritime Science, under the auspices of Governor Stirling. Two vessels are now on the stocks, one of them I believe is private property, but the other, of about fifty Tons burthen, is intended as a Government Schooner, to ply between the capital, and the minor settlements on the coast.

I attended the second or third market day after my arrival at Perth, and bought fine fresh butter for 4s. 6d. a pound—potatoes for 9d. and vegetables at the same scale of price. In short during my stay there for two months, I neither heard or dreamt of any want, and I will appeal to those friends who occasionally breakfasted with me, whether I had not on my table as excellent a meal as they would wish to sit down to. I cannot speak of my Dinners, as my friends were too hospitable, ever to permit of my dining at home. Whilst writing on the subject of supplies, I could wish that you had seen an entertainment, given by the Governor, to the Ladies and Gentlemen of the colony. I think you would have acknowledged, that the whole affair, would have done credit to any part of the world. We quadrilled and waltzed until midnight,—sat down to a sumptuous supper laid out for a hundred and fifty people—returned to the dance, enlivened by Champagne, and seperated only, when the rising Sun began to smile upon our Orgies.

Both a Literary and Agricultural Society have been formed at Perth. I had the honor of being present at one of their meetings, and I was much flattered at being elected an honorary member. They have petitioned Government at home upon various points—one of them I believe suggests the means of obtaining manual labour, and this is the only point upon which I venture to differ with my worthy friends at the Swan. I do differ though, after having seen the splendid public works, which have been erected, and are now in progress, at the Sister colony of Van Dieman's land—erected by means of Penal labour.

The inhabitants of the Swan River may justly pride themselves, on the individual respectability of each emigrant, and it is certain that they may sleep safely with all they possess, under a "Wicket opening with a latch;" but if a man embarks on a


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Author:Charles Henry Conrad Wright

Works

 * "Pascal" in The Harvard Classics, Vol. 51 (1914)

title: Author:Charles Henry Conrad Wright


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The Encyclopedia Americana (1920)/Oliver (brother)

AMES, Oliver, American manufacturer, brother of Oakes above: b. Plymouth, Mass., 5 Nov. 1807; d. 9 March 1877. His brother's partner, he was a sharer in all his business enterprises; president pro tempore of the Union Pacific Railroad 1866-68, formal president 1868-71; a director in the Credit Mobilier. After his brother's death he became head of the manufacturing firm. He was a member of the State senate, 1852 and 1857.


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Rh project of this description, with the view of benefiting his family, and of establishing himself in a new Country, he surely does not intend to live like Robinson Crusoe, for five and twenty years in a wilderness, and gradually subside into a country labourer, without endeavouring to restore to his Wife and family, as large a portion as he can, of the luxuries and comforts they have quitted. This picture may be somewhat overdrawn, but I maintain that until Cart and Carriage roads of communication are constructed, there will be no sort of enjoyment to the Settler, beyond the mere animal pleasure of eating and drinking, and superintending the management of his own farm. I have heard it said, that Government intend sending out some thousands of poor labourers, to perform the work that may be required of them, but let me ask in reply who is to pay these labourers their hire. We all know the Settler will have but limited means to defray the expence, and if he has means at all, he will surely apply the labour to his private property, where he is certain to reap personal and immediate advantage from it. Even to preserve roads in repair, after they are first formed, is not only expensive in itself, but it requires also that the countries through which they pass, shall be well peopled, and capable of affording the necessary labour. If therefore the horror of having Convicts within sight of a man's property, shall operate so forcibly with my friends at the Swan, as to prevent them from being sent to the Colony at all, I really do not see that the Settlers have any prospect of solid enjoyment, beyond their own rural habitations, for a very long time. If the Indian Governments could be prevailed upon to send a few hundreds of their transported Convicts, to form public roads on the Swan River, the aid they would afford would be most invaluable, and the climate, though cold in winter, would not I am certain be unhealthy. The expence of maintaining them would be inconsiderable to the Government, and as the line of black and white would be a very marked distinction, I do not see, that the Settler, under this arrangement, would have cause to dread the slightest contamination to Society.

The Season of the year at which possession was first taken of the Swan River, may be said to have proved one of it's greatest misfortunes. The Governor and public functionaries arrived in the very depth of Winter, when few or no Tents were provided for their accommodation, and no sort of covering had been prepared on shore. They landed in the first instance at Garden Island, about nine miles by water from Fremantle, and the season even for Winter, being unusually severe, the poor Ladies and Children, were all of them exposed to the most harrassing privations, and obliged frequently to sleep under Umbrellas, as their only covering from the Rain. Merchant ships with all sorts of supplies, flocked at the same period to Gage's Roads. It was in vain I understand that Governor Stirling represented the insecurity of the anchorage, the Masters persisted in braving the dangers of the season, and the consequence was inevitable, that a great many merchant Ships were successively driven on shore. It is unnecessary to dwell upon the unfavourable impression, which the public must have received, from these unlooked for misfortunes. The inclemency of the seasons—the dangers of the place, and the sufferings of the first adventurers, were all of them magnified in a manner that is scarcely credible. One Gentleman well known in the Colony, had freighted a ship with property of every description, to become an extensive proprietor of land; but having unfortunately touched at the Cape of Good Hope, for refreshment, he was there shewn so gloomy a picture of the settlement, and told such unfounded tales of their misery and distress, that he actually sold off the whole of his live stock, and lost by that measure, the enormous sum of £8000.

The loss that was sustained by the underwriters, in the first instance, must have proved an additional source of dispraise to the Colony. Though ships may lie as safe in Cockburn Sound, as in any harbour of the World, and for six months of the year a Westerly gale is never known, yet strange to say, an impression different from the truth, appears to obtain in England, and now I am told, an insurance is not procurable at all.

It is not among the least of it's misfortunes, that so considerable a time has been permitted to elapse, without any communication with the Government at home. We were the first even to bring the intelligence to Captain Stirling, that he was promoted from Lieutenant Governor, to be Governor and Commander in Chief of Western Australia. The gratifying information, though tardy in it's arrival, produced the gladdest sentiments throughout the whole Colony.

I hope I shall be pardoned for saying, that in my humble judgment, there could not possibly have been selected, a man more fit for the arduous, irksome, and responsible situation he fills, than Captain Stirling. His firmness of character, and steadiness of purpose, under all the trying vicissitudes to which he has been exposed, is far beyond any feeble praise I can bestow. His paternal kindness and consideration, for every class of Settler, has deservedly secured him the confidence and esteem both of high and low, and he possesses at the same time so sanguine a spirit of enterprize, and so great a love of bushranging, that it is impossible to come within his ken and not feel excited by his influence. If the home authorities however, have not been as frequent in their communications, as might have been expected, the Admiral on the Indian Station, Sir Edward Owen, has done every thing in his power to cheer up their spirits—in the short space of two months, there were two Men of War, called to ascertain their wants, and there cannot be a doubt but this distinguished Officer, on his return to Europe, will bring the condition of the Colony to the particular notice of the Home authorities.

Several minor settlements have been formed, since the Establishment of Western Australia. I believe there was a party sent to Geographe Bay, immediately South of the Swan, but the anchorage was so completely exposed to Westerly winds, during the Winter season, that the place has been since abandoned. Another spot has been chosen, named Port Augusta, of which I shall have occasion to speak as I proceed. This Port is formed by the projection of Cape Lewin, and the Rocks South of it, which protects the anchorage entirely from Westerly winds, and as the winds from the Eastward are mere summer gales, I think the place will speedily establish it's own reputation.

(The writer proceeds in H. M. S. Sulphur to Hobart Town.)

On our way to Port Augusta, which we first visited, we established the exact position of a most dangerous shoal, about 15 or 16 miles from Cape Naturalist—according to Mr. Periam, the master of the Sulphur—the outer Breaker bears from the Cape about N. b. E. and extends about ¾ of a mile. This would be a fatal shoal for any ship to strike upon. Captain Dance however says, that in bad weather the sea breaks upon it mountains high, which in the day time would give sufficient warning of its vicinity. God help the unfortunate Bark, that might strike upon it in the night.

There is also a dangerous ledge of rocks running seaward, from the land, immediately North of Cape Lewin, on which a fine ship was lost, a short time ago. How the wise acre managed to get his vessel, upon so palpable a danger, is matter of astonishment to any Man, who knows any thing of Navigation.

We arrived at Port Augusta about three days after we sailed from Cockburn Sound, and remained there about 24 hours. We found the party gradually progressing in all the arts of Colonization, and Captain Molloy, the Resident, up to his ears in business.

The natives in this neighbourhood are said to be friendly, and the soil appears most productive. The Town will be built upon the face of a rising ground, looking South upon the Sea, and a few years, will possibly shew a passing stranger, one of the most picturesque little sea ports in the world. Mrs Molloy's garden abounds with choicest flowers; but I am sorry to say I am unable to describe them more particularly, than that they are all of them very fragrant, and very beautiful. The Ship having merely called to land supplies at Port Augusta, we got under weigh the following afternoon, and bent our course towards King George's Sound.

Here we were somewhat unfortunate in our progress, as we passed to Leeward of our Port during the night. A little Government Schooner, the Ellen commanded by a superb little fellow, Lieutenant Preston of the Navy, was off the harbour on our arrival, having beaten us in the passage, most lamentably. We were just able to lay up for Baldhead, the entrance to the Sound, when ye Gods! there came a "Sneezer" from the shore, as Jack would say, which made every sail grin again! I thought it would have torn the masts out of the Ship—we bore up to it however, and were kept at sea seven days longer, merely from being a mile and a half too far to the Eastward. Preston hugged the land (as Sailors say) during the night, and got into the Sound the following morning. At length however we did arrive, and, anchored the the Ship in Prince Royal Harbour, which in point of perfect safety, is equal to any port in the world. We carried in 4½ fathoms the shoalest water, and were embayed in a bason as smooth as a mill pond.

King George's Sound is a settlement that well deserves the praise I had heard bestowed upon it—it possesses every natural advantage, the most sanguine emigrant can desire, and is blessed with a climate it is impossible to eulogize too highly.

The site for the Town is well chosen, between two moderately high mountains, connected with each other, by a ridge of excellent soil, from which, water of the purest quality, is trickling down in natural and abundant rills to the Beach. It is strange to find, that King George's Sound, though so long occupied as a Penal Settlement from Sydney, exhibits at this moment hardly a vestige of Man's works—what the Convicts can have been about, during the many years they have been stationed there, it is difficult to imagine. Mr. Carew, the present Commandant, declares, that the most positive orders existed, not to erect a single dwelling House or public work, of any description, beyond the miserable Huts that were necessary for the cover of the party. What the object of such dog and manger policy could possibly have been, the high authorities in Eastern Australia can best explain. Dr. Collie, the Resident of the place, had from his very slender means, erected a comparatively comfortable little dwelling House, for the Governor and Mrs. Stirling, which they occupied on their arrival. It is close to a Government Garden, about two miles East of the town, on the slope of a long declivity, stretching down to the Sea, and commanding a most superb view of the entrance to the harbour; with Baldhead and it's gigantic cliffs frowning defiance to the South, and break sea Island stretching it's rocky protecting arms far across the anchorage.

The Government garden, under the fostering care of Dr. Collie, gives the most satisfactory proofs of what can be done in this genial and delightful climate. I am told the Penal settlement carried away with them every particle of seed they could possibly scrape together, and of course left the gardens very badly supplied. They have shewn however a very proper spirit on the occasion, by foregoing the use of Potatoes altogether, and devoting the whole of their stock to seed. The coming Crops, will amply repay them for their very prudent policy, and in the mean time, they have abundance of Cauliflowers, Cabbages, Beans, Peas, and almost every other esculent vegetable.

The good land in the immediate neighbourhood of the town, may be said to run in patches of fifty and a hundred acres. The site of the Government Garden, which I have already noticed, is of the richest possible soil. The Scotch Gardener told me, there was nothing on Earth that would not grow upon it. The vein continues down the face of the mountain, towards the sea about one hundred acres possibly, until it arrives at an extensive swamp and back water, where the soil becomes poor and sandy. Fifty acres of this rich soil, the Governor has given me a grant of, and I have called it Torrens, in memory of the steadiest and warmest friend that man was ever blessed with.

To the East of the large inlet which contains the Sound or outer anchorage, there is another harbour called Oyster harbour. The entrance to which is too shoal for vessels of any burthen, but a capital Basin for small craft. Preston took his Schooner there to smoke her, and I believe he laid in five fathoms water, within a few yards of the shore—into this harbour, a considerable river discharges itself, called French river, and the land upon it is said to be of a very fine quality. The Governor paid it a visit before I came away, and he was doubtful at first, whether Oyster harbour would not be the most eligible place for the principal Settlement—he has now decided otherwise however, and I am rejoiced that he has done so, for the advantage of a safe and capacious port to an Infant Colony is incalculable, and particularly in these stormy latitudes. Indeed I think it impossible to look upon Prince Royal Harbour, without acknowledging, that it is capable of containing half the Fleets of the world.

To be continued

Edited, Printed, and Published by CHARLES MACFAULL, at the Gazette Office, Perth

10s. 6d. per Quarter, if paid, in advance, or l2s. if paid at the end of the Quarter. Single number, One Shilling.

 * —For 8 lines, 3s. 6d. and 3d. per line above this number.


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The Encyclopedia Americana (1920)/Ames, Oliver (son)

AMES, Oliver, American manufacturer, son of Oakes above: b. North Easton, Mass., 1831; d. 1895. He was trained in his father's works, and as his heir spent several years in paying off the obligations of millions of dollars incurred by the Union Pacific Railroad and other undertakings. Entering public life avowedly to vindicate his father's memory, he was lieutenant-governor of Massachusetts 1882-86; in 1883 obtained the vindicatory resolution he sought; and 1886-88 was governor.


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text: Poems (Coates 1916)/Volume II/Rheims

title: Poems (Coates 1916)/Volume II/Rheims


text: User:Sock drum

title: User:Sock drum


text: Index talk:The Harvard Classics Vol. 51; Lectures.djvu


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Page:Folk-lore - A Quarterly Review. Volume 2, 1891.djvu/39

 MAGIC SONGS OF THE FINNS. III. _________

XXV.— The Origin of Iron. (a.) The aerial God himself, Ukko the Creator up above, Rubbed together both his palms upon the end of his left knee. From that originated three maidens — all the three Luonotars, To be mothers of iron ore (F. rust), to be generators of "blue mouth". The maidens walk with swinging gait, the girls advance along the atmospheric rim With swollen breasts, with smarting teats. They milked their milk upon the ground — caused their breasts to discharge, Milked over lands, milked over swamps, milked over still waters. One, the eldest of the girls, milked out black milk, The second, the middle one, jetted forth red milk, The third, the youngest of the girls, poured forth white milk. One had milked black milk, from hers originated soft iron. One had jetted forth red milk, from hers brittle iron is obtained. One had poured forth white milk, from hers things of steel are made.
 * There was a short interval of time.

Iron desired to meet his elder brother, to make acquaintance with fire. Fire became insolent — grew exceeding terrible. Burnt swamps, burnt lands, burnt great wooded wildernesses,


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32 Was on the point of burning poor iron, his wretched brother. Iron manages to take to flight, to take to flight, to hide himself In dark Pohjola, in Lapland's wide and furthest bounds, Upon the greatest reach of swamp, on a wild mountain-top, Where swans lay their eggs — a goose hatches its young. Iron lies stretched upon a swamp — lies idly in a watery place, Hid a whole year, hid for a second, forthwith hid for a third. He did not manage certainly to escape the raging hands of fire. A second time he had to go — to enter rooms of fire When being made into a weapon, when being forged into a sword. A wolf was running o'er a swamp, a bear was hurrying o'er a sandy heath. The swamp rose under the wolf's feet — the sandy heath under the bear's paws, Iron bars, balls of steel grew up On the tracks of the wolf, on the dints of the bear's heel. {{dropinitial|{|2em}}The smith Ilmarinen, the very skilful hammerer v. Good old Väinämöinen, the time-old soothsayer (tietäjä) (Who) was wending his way, was pursuing his course, Came by chance on the wolf's tracks — on the dints of the bear's heel, Saw the iron sprouts, the balls of steel, On the wolf's huge tracks, on the dints of the bear's heel, (And) to this speech gives utterance : "Alas for thee, unlucky iron, For thou art in a wretched plight — in a lowly situation, In a wolf's footmarks on a swamp, quite in the footsteps of a bear. Wouldst thou not grow beautiful — increase in loveliness, If I extricated thee from the swamp — conveyed thee to a smithy, Forced thee into a fireplace, set thee down in a forge ?" Poor iron gave a sudden start, gave a sudden start, took sudden fright, When he heard fire mentioned, when he heard speak of raging fire.


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United Nations Security Council Resolution 1943

Adopted by the Security Council at its 6395th meeting, on 13 October 2010

The Security Council,

Reaffirming its previous resolutions on Afghanistan, in particular its resolutions 1386 (2001), 1510 (2003), 1833 (2008), 1890 (2009) and 1917 (2010),

Reaffirming also its resolutions 1267 (1999), 1368 (2001), 1373 (2001), 1822 (2008) and 1904 (2009), and reiterating its support for international efforts to root out terrorism in accordance with the Charter of the United Nations,

Recalling its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, its resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1889 (2009) on women and peace and security, and its resolutions 1612 (2005) and 1882 (2009) on children and armed conflict,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,

Recognizing that the responsibility for providing security and law and order throughout the country resides with the Afghan Authorities, stressing the role of the International Security Assistance Force (ISAF) in assisting the Afghan Government to improve the security situation and build its own security capabilities, and welcoming the cooperation of the Afghan Government with ISAF,

 Welcoming the communiqués of the London Conference (S/2010/65) and the Kabul Conference which set a clear agenda and agreed priorities for the way ahead on Afghanistan,

Recognizing once again the interconnected nature of the challenges in Afghanistan, reaffirming that sustainable progress on security, governance, human rights, rule of law and development as well as the cross-cutting issues of counter-narcotics, anti-corruption and accountability are mutually reinforcing and welcoming the continuing efforts of the Afghan Government and the international community to address these challenges through a comprehensive approach,

 Stressing in this context the need for further efforts by the Afghan Government to fight corruption, promote transparency and increase its accountability, in line with the Afghan Government's commitment to strengthen measures to combat corruption after the London and Kabul Conferences,

 Recognizing the commitment by the international community to support the phased transition to full Afghan responsibility for security including through the establishment of the Joint Afghan NATO Inteqal “Transition”; Board to determine mutually agreed criteria to commence the Transition process, and the imperative for the international community to continue to train, mentor and partner with the Afghan National Security Forces in order to support the international and Afghan objective for Afghan National Security Forces leadership on military and civilian police operations by the end of 2014, noting that these issues will be discussed at the forthcoming NATO Summit in Lisbon, and stressing the long-term commitment of the international community to support the further development and professionalization of the ANSF,

Stressing the central and impartial role that the United Nations continues to play in promoting peace and stability in Afghanistan by leading the efforts of the international community, noting, in this context, the synergies in the objectives of the United Nations Assistance Mission in Afghanistan (UNAMA) and of ISAF, and stressing the need for strengthened cooperation, coordination and mutual support, taking due account of their respective designated responsibilities,

Expressing its strong concern about the security situation in Afghanistan, in particular the increased violent and terrorist activities by the Taliban, Al-Qaida, other illegal armed groups and criminals, including those involved in the narcotics trade, and the increasingly strong links between terrorism activities and illicit drugs, resulting in threats to the local population, including children, as well as to the national security forces and international military and civilian personnel,

 Welcoming the efforts of the Government of Afghanistan to update and improve the National Drug Control Strategy, with a particular emphasis on a partnership approach to ensure joint, effective implementation and coordination, encouraging ISAF to further, effectively support, within its designated responsibilities, Afghan-led sustained efforts to address drug production and trafficking, in cooperation with relevant international and regional actors, recognizing the threat posed by illicit drug production, trade, trafficking to international peace and stability in different regions of the world, and the important role played by the United Nations Office on Drugs and Crime (UNODC) in this regard,

 Expressing also its concern over the harmful consequences of violent and terrorist activities by the Taliban, Al-Qaida and other extremist groups on the capacity of the Afghan Government to guarantee the rule of law, to provide security and basic services to the Afghan people, and to ensure the full enjoyment of their human rights and fundamental freedoms,

Reiterating its support for the continuing endeavours by the Afghan Government, with the assistance of the international community, including ISAF and the Operation Enduring Freedom (OEF) coalition, to improve the security situation and to continue to address the threat posed by the Taliban, Al-Qaida and other extremist groups, and stressing in this context the need for sustained international efforts, including those of ISAF and the OEF coalition,

Condemning in the strongest terms all attacks, including improvised explosive device (IED) attacks, suicide attacks, assassinations and abductions, targeting civilians and Afghan and international forces and their deleterious effect on the stabilization, reconstruction and development efforts in Afghanistan, and condemning further the use by the Taliban, Al-Qaida and other extremist groups of civilians as human shields,

 Welcoming the Afghan Government's achievements in banning ammonium nitrate fertilizer, and urging continued action to implement regulations for the control of all explosive materials and precursor chemicals, thereby reducing the ability of insurgents to use them for improvised explosive devices,

Recognizing the increased threats posed by the Taliban, Al-Qaida and other extremist groups as well as the challenges related to the efforts to address such threats,

 Expressing its serious concern with the increased high number of civilian casualties in Afghanistan, in particular women and children casualties, the large majority of which are caused by Taliban, Al-Qaida and other extremist groups, reaffirming that all parties to armed conflict must take all feasible steps to ensure the protection of affected civilians, calling for all parties to comply with their obligations under international humanitarian and human rights law and for all appropriate measures to be taken to ensure the protection of civilians, and recognizing the importance of the ongoing monitoring and reporting to the United Nations Security Council, including by ISAF, of the situation of civilians and in particular civilian casualties,

 Taking note of the progress made by ISAF and other international forces in minimizing the civilian casualties, as described in the August 2010 UNAMA report on the protection of civilians in armed conflict, urging ISAF and other international forces to continue to undertake enhanced efforts to prevent civilian casualties including the increased focus on protecting the Afghan population as a central element of the mission, and noting the importance of conducting continuous reviews of tactics and procedures and after-action reviews and investigations in cooperation with the Afghan Government in cases where civilian casualties have occurred and when the Afghan Government finds these joint investigations appropriate,

 Expressing its strong concern about recruitment and use of children by Taliban forces in Afghanistan as well the killing and maiming of children as a result of the conflict, welcoming the establishment of the Afghan Inter-Ministerial Steering Committee on Children and the Afghan Government's intention to develop an action plan on the prevention of recruitment of children under 18 years of age, and the appointment of the focal point by the Ministry of the Interior dealing with child protection issues,

Acknowledging the progress made in security sector reform, welcoming the support and assistance extended to the Afghan National Police by the international partners in this regard, in particular the continued commitment of the North Atlantic Treaty Organization (NATO) Training Mission in Afghanistan, the European Gendarmerie Force (EGF) contribution to this mission and assistance extended to the Afghan National Police including through the European Union police mission (EUPOL Afghanistan), and stressing the need for Afghanistan together with international donors to further strengthen the Afghan National Army and the Afghan National Police to ensure Afghan capability to assume increasing responsibilities and leadership of security operations and maintain public order, law enforcement, the security of Afghanistan's borders and the preservation of the constitutional rights of the Afghan citizens as well as to increase its efforts in disbandment of illegal armed groups and counter-narcotics, as outlined in the London Conference and the Kabul Conference communiqués,

Stressing in this context the importance of further progress by the Afghan Government in ending impunity and strengthening judicial institutions, in the reconstruction and reform of the prison sector, and the rule of law and respect for human rights within Afghanistan, including for women and girls, and in particular women's rights under the Constitution to fully participate in the political, economic and social spheres of Afghan life,

Reiterating its call on all Afghan parties and groups to engage constructively in peaceful political dialogue as requested by participants at the Consultative Peace Jirga held in Kabul in June 2010 within the framework of the Afghan Constitution and to work together with international donors for the socio-economic development of the country and to avoid resorting to violence including through the use of illegal armed groups, supporting the aims of the High Peace Council, and encouraging the Afghan Government-led peace process, in particular the implementation of the Afghan Peace and Reintegration Program, within the framework of the Afghan Constitution and with full respect for the implementation of measures and application of the procedures introduced by the Security Council in its resolutions 1267 (1999), 1822 (2008) and 1904 (2009) as well as other relevant resolutions of the Council, and pledging to continue supporting this work as requested by the Afghan Government,

Noting the leading role played by the Afghan Independent Election Commission and the Electoral Complaints Commission in organizing the 2010 parliamentary elections, and the support of the United Nations and ISAF, and the Afghan Government's commitment in the Kabul Conference communiqué to address long-term electoral reform, based on lessons learned in previous elections,

Recognizing the importance of the contribution of neighbouring and regional partners as well as regional organizations including EU, OSCE, Shanghai Cooperation Organization and the CSTO to the stabilization of Afghanistan, stressing the crucial importance of advancing regional cooperation as an effective means to promote security, governance and development in Afghanistan, welcoming the regional efforts in this regard, and looking forward to the inaugural meeting in November 2010 in Istanbul of the Core Group established in support of enhanced regional cooperation in conjunction with the Kabul Conference,

 Welcoming the efforts of the international community carried out to strengthen the coherence of military and civilian actions, including those within the framework of ISAF,

Welcoming the continued coordination between ISAF and the OEF coalition, and in-theatre cooperation established between ISAF and the European Union presence in Afghanistan,

Expressing its appreciation for the leadership provided by NATO and for the contributions of many nations to ISAF and to the OEF coalition, which operates within the framework of the counter-terrorism operations in Afghanistan and in accordance with the applicable rules of international law,

Determining that the situation in Afghanistan still constitutes a threat to international peace and security,

Determined to ensure the full implementation of the mandate of ISAF, in coordination with the Afghan Government,

Acting for these reasons under Chapter VII of the Charter of the United Nations,

1. Decides to extend the authorization of the International Security Assistance Force, as defined in resolution 1386 (2001) and 1510 (2003), for a period of twelve months until 13 October 2011;

2. Authorizes the Member States participating in ISAF to take all necessary measures to fulfil its mandate;

3. Recognizes the need to further strengthen ISAF to meet all its operational requirements, and in this regard calls upon Member States to contribute personnel, equipment and other resources to ISAF;

4. Stresses the importance of increasing, in a comprehensive framework, the functionality, professionalism and accountability of the Afghan security sector, encourages ISAF and other partners to sustain their efforts, as resources permit, to train, mentor and empower the Afghan national security forces, in order to accelerate progress towards the goal of self-sufficient, accountable and ethnically balanced Afghan security forces providing security and ensuring the rule of law throughout the country, welcomes the increasing leadership role played by the Afghan Authorities in security responsibilities throughout the country, and stresses the importance of supporting the planned expansion of the Afghan National Army and the Afghan National Police as endorsed by the Joint Coordination and Monitoring Board in January 2010;

5. Calls upon ISAF and the NATO Senior Civilian Representative to continue to work in close consultation with the Afghan Government and the Special Representative of the United Nations Secretary-General in accordance with Security Council resolution 1917 (2010) as well as with the OEF coalition in the implementation of the ISAF mandate;

6. Requests the leadership of ISAF to keep the Security Council regularly informed, through the United Nations Secretary-General, on the implementation of its mandate, including through the timely provision of quarterly reports;

7. Decides to remain actively seized of this matter.

es:Consejo de Seguridad: Resolución 1943


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Rh Smith Ilmarinen said : "Thou art not, wretched iron, produced, Thy kindred are not formed, thy relatives will not grow up Without violent fire, without being taken to a smithy. Without being put into a forge, without being blown upon by bellows. But heed it not, pray do not pay the least regard. Fire will not burn his acquaintance — will not burn a relative. When thou enterest rooms of fire — the receptacle of coals, Thou wilt grow beautiful — wilt become extremely fair, (Wilt be made) into trusty swords for men — into terminals for women's belts." Ever since that day iron has been kneaded out of swamps, Been trampled out of watery spots, been obtained from clay. The smith himself stood in the swamp, up to his knees in black mire. While digging iron from the swamp, while extracting ore (F. earth) from the mire. He seized the iron sprouts — the balls of steel. From the huge footprints of the wolf, from the dints of the bear's paws. The smith Ilmarmen Set up his bellows there, established his forge there. On the huge tracks of the wolf, on the scratches of the bear's heel. He plunged the iron into the fire. Blew the bellows all night without resting — all day without stopping, Blew the bellows a whole day, blew them a second, blew them forthwith a third day too. The iron expands like pap — bubbles like slag, Expanded like wheaten dough — like rye-meal dough. In the smith's huge fire, when in the hands of glowing heat Then smith Ilmarinen looked at the bottom of the forge. What the forge perchance may yield — what his bellows can squeeze out. First he obtained brittle iron, then he got slag, Then let white (iron) trickle from the bellows below. Then wretched iron shouted out : "Oho ! smith Ilmarinen,


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 FIRST-FOOTING IN SCOTLAND.

IRST-FOOTING is enacted with great glee and vivacity in various parts of Scotland, but more especially so in Edinburgh. The origin of this nocturnal visit and welcome, and subsequent merrymaking, arose from marriage customs, mostly in Galloway and Wigtonshires, where marriages were generally celebrated on New Year's Day. About a century ago the young maidens of the district, who might be courting, would, on the approach of New Year's Eve, in a coaxing kind of a way, invite their sweethearts and companions to be their first-foot on New Year's morning; of course the hint was always readily accepted, and generally ending in due course by marriage on a subsequent New Year's Day; and even at the present time the custom is still kept up of domestic servants (and especially so in Edinburgh) inviting their sweethearts to be their first-foot—for good luck, and, if need be, for marriage. A dark-complexioned young man was always considered lucky, and a likely suitor. The mode and hour of visit of the first-foot was, as near as possible, just after midnight, and in some instances parties of young people would visit the favoured ones, and sometimes quite a carousal took place, drinking, eating, singing, and dancing, and sometimes ending in a fight between the jealous rivals, and thus breaking up the merry gathering.

The mode of visit, as I have said, was just after midnight. The family visited, of course, expected someone to be their first-foot, and had preparations made accordingly, in the shape of refreshments, and in some instances the household were aroused out of bed. In others the daughter or daughters were prepared for the nocturnal visitor or visitors, and thus the first-footer was not kept waiting


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Scott v. Ross

Paul Lawrence and Ramona M. Emerson, Preston, Gates & Ellis, Seattle, Washington, for the defendant-appellant.

Eric M. Lieberman, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, New York, New York, for the plaintiff-appellee.

David J. Bardin, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for amici curiae American Family Foundation, HALT - an Organization of Americans for Legal Reform, Jews for Judaism, and Watchman Fellowship on Agency, Vicarious Liability and First Amendment Issues.

Before: Mary M. Schroeder and Robert R. Beezer, Circuit Judges, and William W Schwarzer, Senior District Judge. Opinion by Judge Beezer; Dissent by Judge Schwarzer.

title: Scott v. Ross


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 310 outside for his welcome; storms being considered of no account on such occasions, but rather added to the glee.

The first-foot, on crossing the threshold, at once announced "A gude New Year to ane and a', and mony may ye see," or "A happy New Year tae ye, and God's blessing"; then kissing the young woman, and shaking her by both hands, they passed into the household. If the visitor had not been seen for some time, the news of the families were gone into, and other matters of that sort; then the whisky-drinking, with health-giving toasts, eating of shortbread, currant loaf, scones, oat-cakes, and cheese were all heartily consumed, then song-singing, sometimes a dance, then more drinking, and at last came the parting, in much hilarity and glee, the "toozling" (or hugging) and kissing of the young woman or women, and then off went the nocturnal visitor or visitors for other calls, until daylight appearing stopped their fun; or else the first-footers kept on making their calls, drinking and carousing all through New Year's Day, and even on, far on. New Year's Night, when, possibly, they were worn out, and utterly prostrated with fatigue and want of sleep. Of course the first-footing only strengthened the courtship, the regular visiting continuing, and generally ending in marriage on a subsequent New Year's Day.

In "Auld Reekie", the custom of first-footing ("first-fittin", in Scotch) dates from time immemorial; generally, the* preparations for the midnight orgies of New Year's Eve begin to show themselves in the early part of the evening in the stir and bustle of the leading thoroughfares of the city; groups of young men moving listlessly about, as evidently wearying for the fun to begin. The church of the Tron Men, or labourers of the city, has long been the gathering-place or rendezvous of the first-footers. Some sixty or seventy years ago, first-footing in Edinburgh required ingenuity and courage on the part of young men who went first-footing from the Tron Church, owing to the danger and rioting and fighting;


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Scott v. Ross/Dissent Schwarzer

SCHWARZER, Senior District Judge, dissenting:

I respectfully dissent.

The evidence presented at trial was insufficient to support the jury's finding that CAN was liable for the consequences of Landa's negligent referral. Under Washington law, to impose liability on a principal for the acts of its agents, a plaintiff must establish not only the existence of an agency relationship but also that "the relation . . . existed at the time, and in respect to the particular transaction out of which the injury arises." [p1287] Hamm v. Camerota, 48 Wash. 2d 34, 290 P.2d 713, 715 (Wash. 1955); Roletto v. Department Stores Garage Co., 30 Wash. 2d 439, 191 P.2d 875, 877 (Wash. 1948). There was ample evidence for the jury to find that Landa, as a CAN-appointed contact person, was CAN's agent. However, there was no evidence from which the jury could find that Landa acted as CAN's agent "in respect to the particular transaction out of which the injury arises." The relevant evidence showed the following:

"Landa belonged to several cult-related organizations in addition to CAN. She was listed on the Seattle crisis hotline as 'Parents Awareness.' Tonkin called Community Services and then reached Landa on her private line. Tonkin had never heard of CAN when she called Landa and did not learn about CAN until later. She testified she thought Landa was involved with Community Services, not CAN. Scott presented no evidence, direct or circumstantial, that Landa was acting on directions or instructions of CAN, or that CAN knew of Landa's referral of Tonkin (or, for that matter, of other similar referrals by her) to Ross, much less that CAN gave its approval."

The majority concludes that the jury could find Landa was CAN's agent with respect to her referral of Tonkin because Landa was a contact person, CAN functioned through contact persons who referred people to deprogrammmers including Ross, Ross conducted involuntary deprogrammings, and CAN was aware that Ross conducted involuntary deprogramming. That reasoning, however, requires a leap of logic. It might be supportable if Tonkin had called CAN and been referred to Landa who then referred her to Ross. However, that did not occur. On this record, Landa's connection with CAN was irrelevant to her dealings with Tonkin and Ross.

A hypothetical might help make the point. Suppose X is a delivery driver for the ABC bread company and also for the DEF bread company. He drives the identical route for each but alternates serving the two companies, on one day he delivers for ABC and the next for DEF. On a day on which he delivers for ABC, he hits a pedestrian. Surely DEF could not be held liable (along with ABC) although X is its agent and performs the identical service for DEF as for ABC. The same is true in this case: CAN cannot be held liable although Landa was its agent. There is no evidence that in referring Tonkin to Ross, Landa was acting as CAN's agent.

Accordingly, I would reverse.

title: Scott v. Ross/Dissent Schwarzer


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 Rh amongst the first-footers; the whisky-shops, as they were then called, being open all night (and any amount of whisky to be had cheap, very cheap, say one shilling and twopence, or one shilling and threepence per bottle of five gills, and very good then), enabled the revellers to keep up continued supplies in their bottles. Then there were the "Baxters", or "Batchies Bow wow wows" (as they were termed then, bakers), and who were known by their peculiar trade-signal or whistle (and who were a powerful body of men, requiring great strength of neck and head to carry, say, forty or forty-five loaves on a large board or tray, placed on the head); they, leaving off their work, would sally forth into the streets, and join in the revelry. Then the students attending the University would likewise turn in and join the crowds, and if perchance a wrong expression or slighting word crept from one of the students towards a "batchie", then woe betide all: bottles and glasses were smashed, blows were exchanged freely, a regular melee occurring, and everyone fleeing his or her own way out of the shindy, until the row dwindled down or was fought out, leaving many a cut and scar to be accounted for.

This mode of procedure of first-footing is as followed now in Edinburgh. The Anglican element is slowly but surely invading Scotland at this period in Edinburgh; it begins about the first of December in the display of Christmas cards in shop-windows and on the counters of our leading dry-goods shops. Then on comes Christmas Day, which in the New Town principal shops make an afternoon holiday of it, and in some instances closed for the day. Some of the Presbyterian churches hold service, and altogether the day has an appearance of a holiday in the city. The festivities continue through the week, the schools are closed, and the people generally preparing for the great event of the year in Scotland, namely, the ushering in of New Year's Day in real earnest Scotch fashion. From the appearance of the leading thoroughfares, it is evident there is an expectancy of something about to take place in the