text: Talk:Dred Scott v. Sandford (60 U.S. 393)/Opinion of the Court

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


text:
Page:EB1911 - Volume 05.djvu/240

 the rampart is known successively as the Stormberg, Zuurberg, Sneeuwberg and Nieuwveld mountains. These four ranges face directly south. In the Sneeuwberg range is Compass Berg, 8500 ft. above the sea, the highest point in the colony. In the Nieuwveld are heights of over 6000 ft. The Komsberg range, which joins the Nieuwveld on the east, sweeps from the south to the north-west and is followed by the Roggeveld mountains, which face the western seaboard. North of the Roggeveld the interior plateau approaches closer to the sea than in southern Cape Colony. The slope of the plateau being also westward, the mountain rampart is less elevated, and north of 32° S. few points attain 5000 ft. The coast ranges are here, in Namaqualand and the district of Van Rhyns Dorp, but the outer edges of the inner range. They attain their highest point in the Kamies Berg, 5511 ft. above the sea. Northward the Orange river, marking the frontier of the colony, cuts its way through the hills to the Atlantic.

From the Olifants river on the west to the Kei river on the east the series of parallel ranges, which are the walls of the terraces between the inner tableland and the sea, are clearly traceable. Their general direction is always that of the coast, and they are cut across by rugged gorges or kloofs, through which the mountain streams make their way towards the sea. The two chief chains, to distinguish them from the inner chain already described, may be called the coast and central chains. Each has many local names. West to east the central chain is known as the Cedarberg, Groote Zwarteberg (highest point 6988 ft.), Groote river, Winterhoek (with Cockscomb mountain 5773 ft. high) and Zuurberg ranges. The Zuurberg, owing to the north-east trend of the shore, becomes, east of Port Elizabeth, a coast range, and the central chain is represented by a more northerly line of hills, with a dozen different names, which are a south-easterly spur of the Sneeuwberg. In this range the Great Winter Berg attains a height of 7800 ft.

The coast chain is represented west to east by the Olifants mountains (with Great Winterhoek, 6618 ft. high), Drakenstein, Zonder Einde, Langeberg (highest point 5614 ft.), Attaquas, Uiteniquas and various other ranges. In consequence of the north-east trend of the coast, already noted, several of these ranges end in the sea in bold bluffs. From the coast plain rise many short ranges of considerable elevation, and on the east side of False Bay parallel to Table Bay range is a mountain chain with heights of 4000 and 5000 ft. East of the Kei river the whole of the country within Cape Colony, save the narrow seaboard, is mountainous. The southern part is largely occupied with spurs of the Stormberg; the northern portion, Griqualand East and Pondoland, with the flanks of the Drakensberg. Several peaks exceed 7000 ft. in height. Zwart Berg, near the Basuto-Natal frontier, rises 7615 ft. above the sea. Mount Currie, farther south, is 7296 ft. high. The Witte Bergen (over 5000 ft. high) are an inner spur of the Drakensberg running through the Herschel district.

That part of the inner tableland of South Africa which is in the colony has an average elevation of 3000 ft., being higher in the eastern than in the western districts. It consists of wide rolling treeless plains scarred by the beds of many rivers, often dry for a great part of the year. The tableland is broken by the Orange river, which traverses its whole length. North of the river the plateau slopes northward to a level sometimes as low as 2000 ft. The country is of an even more desolate character than south of the Orange (see ). Rising from the plains are chains of isolated flat-topped hills such as the Karree Bergen, the Asbestos mountains and Kuruman hills, comparatively unimportant ranges.

Although the mountains present bold and picturesque outlines on their outward faces, the general aspect of the country north of the coast-lands, except in its south-eastern corner, is bare and monotonous. The flat and round-topped hills (kopjes), which are very numerous on the various plateaus, scarcely afford relief to the eye, which searches the sun-scorched landscape, usually in vain, for running water. The absence of water and of large trees is one of the most abiding impressions of the traveller. Yet the vast arid plains are covered with shallow beds of the richest soil, which only require the fertilizing power of water to render them available for pasture or agriculture. After the periodical rains, the Karroo and the great plains of Bushmanland are converted into vast fields of grass and flowering shrubs, but the summer sun reduces them again to a barren and burnt-up aspect. The pastoral lands or velds are distinguished according to the nature of their herbage as “sweet” or “sour.” Shallow sheets of water termed vleis, usually brackish, accumulate after heavy rain at many places in the plateaus; in the dry seasons these spots, where the soil is not excessively saline, are covered with rich grass and afford favourite grazing land for cattle. Only in the southern coast-land of the colony is there a soil and moisture supply suited to forest growth.

Rivers.—The inner chain of mountains forms the watershed of the colony. North of this great rampart the country drains to the (q.v.), which flows from east to west nearly across the continent. For a considerable distance, both in its upper and lower courses, the river forms the northern frontier of Cape Colony. In the middle section, where both banks are in the colony, the Orange receives from the north-east its greatest tributary, the (q.v.). The Vaal, within the boundaries of the colony, is increased by the Harts river from the north-east and the Riet river from the south-east, whilst just within the colony the Riet is joined by the Modder. All these tributaries of the Orange flow, in their lower courses, through the eastern part of Griqualand West, the only well-watered portion of the colony north of the mountains. From the north, below the Vaal confluence, the Nosob, Molopo and Kuruman, intermittent streams which traverse Bechuanaland, send their occasional surplus waters to the Orange. In general these rivers lose themselves in some vlei in the desert land. The Molopo and Nosob mark the frontier between the Bechuanaland Protectorate and the Cape; the Kuruman lies wholly within the colony. From the south a number of streams, the Brak and Ongers, the Zak and Olifants Vlei (the two last uniting to form the Hartebeest), flow north towards the Orange in its middle course. Dry for a great part of the year, these streams rarely add anything to the volume of the Orange.

South of the inner chain the drainage is direct to the Atlantic or Indian Oceans. Rising at considerable elevations, the coast rivers fall thousands of feet in comparatively short courses, and many are little else than mountain torrents. They make their way down the mountain sides through great gorges, and are noted in the eastern part of the country for their extremely sinuous course. Impetuous and magnificent streams after heavy rain, they become in the summer mere rivulets, or even dry up altogether. In almost every instance the mouths of the rivers are obstructed by sand bars. Thus, as is the case of the Orange river also, they are, with rare exceptions, unnavigable.

Omitting small streams, the coast rivers running to the Atlantic are the Buffalo, Olifants and Berg. It may be pointed out here that the same name is repeatedly applied throughout South Africa to different streams, Buffalo, Olifants (elephants’) and Groote (great) being favourite designations. They all occur more than once in Cape Colony. Of the west coast rivers, the Buffalo, about 125 m. long, the most northern and least important, flows through Little Namaqualand. The Olifants (150 m.), which generally contains a fair depth of water, rises in the Winterhoek mountains and flows north between the Cedarberg and Olifants ranges. The Doorn, a stream with a somewhat parallel but more easterly course, joins the Olifants about 50 m. above its mouth, the Atlantic being reached by a semicircular sweep to the south-west. The Berg river (125 m.) rises in the district of French Hoek and flows through fertile country, in a north-westerly direction, to the sea at St Helena Bay. It is navigable for a few miles from its mouth.

On the south coast the most westerly stream of any size is the Breede (about 165 m. long), so named from its low banks and broad channel. Rising in the Warm Bokkeveld, it pierces the mountains by Mitchell’s Pass, flows by the picturesque towns of Ceres and Worcester, and receives, beyond the last-named place,

title: Page:EB1911 - Volume 05.djvu/240


text:
Page:EB1911 - Volume 05.djvu/241

 the waters which descend from the famous Hex River Pass. The Breede thence follows the line of the Langeberg mountains as far as Swellendam, where it turns south, and traversing the coast plain, reaches the sea in St Sebastian Bay. From its mouth the river is navigable by small vessels for from 30 to 40 m. East of the Breede the following rivers, all having their rise on the inner mountain chain, are passed in the order named:—Gouritz (200 m.), Gamtoos (290 m.), Sunday (190 m.), Great Salt (230 m.), Kei (150 m.), Bashee (90 m.) and Umzimvuba or St John’s (140 m.).

The Gouritz is formed by the junction of two streams, the Gamka and the Olifants. The Gamka rises in the Nieuwveld not far from Beaufort West, traverses the Great Karroo from north to south, and forces a passage through the Zwarteberg. Crossing the Little Karroo, it is joined from the east by the Olifants (115 m.), a stream which rises in the Great Karroo, being known in its upper course as the Traka, and pierces the Zwarteberg near its eastern end. Thence it flows west across the Little Karroo past Oudtshoorn to its junction with the Gamka. The united stream, which takes the name of Gouritz, flows south, and receives from the west, a few miles above the point where it breaks through the coast range, a tributary (125 m.) bearing the common name Groote, but known in its upper course as the Buffels. Its headwaters are in the Komsberg. The Touws (90 m.), which rises in the Great Karroo not far from the sources of the Hex river, is a tributary of the Groote river. Below the Groote the Gouritz receives no important tributaries and enters the Indian Ocean at a point 20 m. south-west of Mossel Bay.

The Gamtoos is also formed by the junction of two streams, the Kouga, an unimportant river which rises in the coast hills, and the Groote river. This, the Groote river of Cape Colony, has its rise in the Nieuwveld near Nels Poort, being known in its upper course as the Salt river. Flowing south-east, it is joined by the Kariega on the left, and breaking through the escarpment of the Great Karroo, on the lower level changes its name to the Groote, the hills which overhang it to the north-east being known as Groote River Heights. Bending south, the Groote river passes through the coast chain by Cockscomb mountain, and being joined by the Kouga, flows on as the Gamtoos to the sea at St Francis Bay.

Sunday river does not, like so many of the Cape streams, change its name on passing from the Great to the Little Karroo and again on reaching the coast plain. It rises in the Sneeuwberg north-west of Graaff Reinet, flows south-east through one of the most fertile districts of the Great Karroo, which it pierces at the western end of the Zuurberg (of the coast chain), and reaches the ocean in Algoa Bay.

Great Salt river is formed by the junction of the Kat with the Great Fish river, which is the main stream. Several small streams rising in the Zuurberg (of the inner chain) unite to form the Great Fish river which passes through Cradock, and crossing the Karroo, changes its general direction from south to east, and is joined by the Kooner (or Koonap) and Kat, both of which rise in the Winterberg. Thence, as the Great Salt river, it winds south to the sea. Great Fish river is distinguished for the sudden and great rise of its waters after heavy rain and for its exceedingly sinuous course. Thus near Cookhouse railway station it makes an almost circular bend of 20 m., the ends being scarcely 2 m. apart, in which distance it falls 200 ft. Although, like the other streams which cross the Karroo, the river is sometimes dry in its upper course, it has an estimated annual discharge of 51,724,000,000 cubic ft.

The head-streams of the Kei, often called the Great Kei, rise in the Stormberg, and the river, which resembles the Great Fish in its many twists, flows in a general south-east direction through mountainous country until it reaches the coast plain. Its mouth is 40 m. in a direct line north-east of East London. In the history of the Cape the Kei plays an important part as long marking the boundary between the colony and the independent Kaffir tribes. (For the Umzimvuba and other Transkei rivers see .)

Of the rivers rising in the coast chain the Knysna (30 m.), Kowie (40 m.), Keiskama (75 m.) and Buffalo (45 m.) may be mentioned. The Knysna rises in the Uiteniquas hills and is of importance as a feeder of the lagoon or estuary of the same name, one of the few good harbours on the coast. The banks of the Knysna are very picturesque. Kowie river, which rises in the Zuurberg mountains near Graham’s Town, is also noted for the beauty of its banks. At its mouth is Port Alfred. The water over the bar permits the entrance of vessels of 10 to 12 ft. draught. The Buffalo river rises in the hilly country north of King William’s Town, past which it flows. At the mouth of the river, where the scenery is very fine, is East London, third in importance of the ports of Cape Colony.

The frequency of “fontein” among the place names of the colony bears evidence of the number of springs in the country. They are often found on the flat-topped hills which dot the Karroo. Besides the ordinary springs, mineral and thermal springs are found in several places.

Lakes and Caves.—Cape Colony does not possess any lakes properly so called. There are, however, numerous natural basins which, filled after heavy rain, rapidly dry up, leaving an incrustation of salt on the ground, whence their name of salt pans. The largest, Commissioner’s Salt Pan, in the arid north-west district, is 18 to 20 m. in circumference. Besides these pans there are in the interior plateaus many shallow pools or vleis whose extent varies according to the dryness or moisture of the climate. West of Knysna, and separated from the seashore by a sandbank only, are a series of five vleis, turned in flood times into one sheet of water and sending occasional spills to the ocean. These vleis are known collectively as “the lakes.” In the Zwarteberg of the central chain are the Cango Caves, a remarkable series of caverns containing many thousand of stalactites and stalagmites. These caves, distant 20 m. from Oudtshoorn, have been formed in a dolomite limestone bed about 800 ft. thick. There are over 120 separate chambers, the caverns extending nearly a mile in a straight line.

Climate.—The climate of Cape Colony is noted for its healthiness. Its chief characteristics are the dryness and clearness of the atmosphere and the considerable daily range in temperature; whilst nevertheless the extremes of heat and cold are rarely encountered. The mean annual temperature over the greater part of the country is under 65° F. The chief agents in determining the climate are the vast masses of water in the southern hemisphere and the elevation of the land. The large extent of ocean is primarily responsible for the lower temperature of the air in places south of the tropics compared with that experienced in countries in the same latitude north of the equator. Thus Cape Town, about 34° S., has a mean temperature, 63° F., which corresponds with that of the French and Italian Riviera, in 41° to 43° N. For the dryness of the atmosphere the elevation of the country is responsible. The east and south-east winds, which contain most moisture, dissipate their strength against the Drakensberg and other mountain ranges which guard the interior. Thus while the coast-lands, especially in the south-east, enjoy an ample rainfall, the winds as they advance west and north contain less and less moisture, so that over the larger part of the country drought is common and severe. Along the valley of the lower Orange rain does not fall for years together. The drought is increased in intensity by the occasional hot dry wind from the desert region in the north, though this wind is usually followed by violent thunderstorms.

Whilst the general characteristics of the climate are as here outlined, in a country of so large an area as Cape Colony there are many variations in different districts. In the coast-lands the daily range of the thermometer is less marked than in the interior and the humidity of the atmosphere is much greater. Nevertheless, the west coast north of the Olifants river is practically rainless and there is great difference between day and night

title: Page:EB1911 - Volume 05.djvu/241


text:
Page:Title 3 CFR 2000 Compilation.djvu/328

 EO 13181 potential for injury to the patient, to the physician-patient relationship, and to the treatment services. Protecting the privacy of patients' protected health information promotes trust in the health care system. It improves the quality of health care by fostering an environment in which patients can feel more comfortable in providing health care professionals with accurate and detailed information about their personal health. In order to provide greater protections to patients' privacy, the Department of Health and Human Services is issuing final regulations concerning the confidentiality of individually identifiable health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA applies only to “covered entities,” such as health care plans, providers, and clearinghouses. HIPAA regulations therefore do not apply to other organizations and individuals that gain access to protected health information, including Federal officials who gain access to health records during health oversight activities.

Under the new HIPAA regulations, health oversight investigators will appropriately have ready access to medical records for oversight purposes. Health oversight investigators generally do not seek access to the medical records of a particular patient, but instead review large numbers of records to determine whether a health care provider or organization is violating the law, such as through fraud against the Medicare system. Access to many health records is often necessary in order to gain enough evidence to detect and bring enforcement actions against fraud in the health care system. Stricter rules apply under the HIPAA regulations, however, when law enforcement officials seek protected health information in order to investigate criminal activity outside of the health oversight realm.

In the course of their efforts to protect the health care system, health oversight investigators may also uncover evidence of wrongdoing unrelated to the health care system, such as evidence of criminal conduct by an individual who has sought health care. For records containing that evidence, the issue thus arises whether the information should be available for law enforcement purposes under the less restrictive oversight rules or the more restrictive rules that apply to non-oversight criminal investigations.

A similar issue has arisen in other circumstances. Under 18 U.S.C. 3486, an individual's health records obtained for health oversight purposes pursuant to an administrative subpoena may not be used against that individual patient in an unrelated investigation by law enforcement unless a judicial officer finds good cause. Under that statute, a judicial officer determines whether there is good cause by weighing the public interest and the need for disclosure against the potential for injury to the patient, to the physicianpatient relationship, and to the treatment services. It is appropriate to extend limitations on the use of health information to all situations in which the government obtains medical records for a health oversight purpose. In recognition of the increasing importance of protecting health information as shown in the medical privacy rule, a higher standard than exists in 18 U.S.C. 3486 is necessary. It is, therefore, the policy of the Government of the United States that law enforcement may not use protected health information concerning an individual, discovered during the course of health oversight activities for unrelated civil, administrative, or criminal investigations, against that indi vidual except when the balance of relevant factors weighs clearly in favor of its use. That is, protected health information may not be so used unless the public interest and the need for


text:
Page:Title 3 CFR 2000 Compilation.djvu/329

 329 disclosure clearly outweigh the potential for injury to the patient, to the physicianpatient relationship, and to the treatment services.

. Definitions.

(a) “Health oversight activities” shall include the oversight activities enumerated in the regulations concerning the confidentiality of individually identifiable health information promulgated by the Secretary of Health and Human Services pursuant to the “Health Insurance Portability and Accountability Act of 1996,” as amended.

(b) “Protected health information” shall have the meaning ascribed to it in the regulations concerning the confidentiality of individually identifiable health information promulgated by the Secretary of Health and Human Services pursuant to the “Health Insurance Portability and Accountability Act of 1996,” as amended.

(c) “Injury to the patient” includes injury to the privacy interests of the patient.

. Implementation.

(a) Protected health information concerning an individual patient discovered during the course of health oversight activities shall not be used against that individual patient in an unrelated civil, administrative, or criminal investigation of a non-health oversight matter unless the Deputy Attorney General of the U.S Department of Justice, or insofar as the protected health information involves members of the Armed Forces, the General Counsel of the U.S. Department of Defense, has authorized such use.

(b) In assessing whether protected health information should be used under subparagraph (a) of this section, the Deputy Attorney General shall permit such use upon concluding that the balance of relevant factors weighs clearly in favor of its use. That is, the Deputy Attorney General shall permit disclosure if the public interest and the need for disclosure clearly outweigh the potential for injury to the patient, to the physician-patient relationship, and to the treatment services.

(c) Upon the decision to use protected health information under subparagraph (a) of this section, the Deputy Attorney General, in determining the extent to which this information should be used, shall impose appropriate safeguards against unauthorized use.

(d) On an annual basis, the Department of Justice, in consul tation with the Department of Health and Human Services, shall provide to the President of the United States a report that includes the following information:

(i) the number of requests made to the Deputy Attorney General for authorization to use protected health information discovered during health oversight activities in a non-health oversight, unrelated investigation;

(ii) the number of requests that were granted as applied for, granted as modified, or denied;

(iii) the agencies that made the applications, and the number of requests made by each agency; and

(iv) the uses for which the protected health information was authorized.

(e) The General Counsel of the U.S. Department of Defense will comply with the requirements of subparagraphs (b), (c), and (d), above. The General


text: Arminell, a social romance/Chapter 1

title: Arminell, a social romance/Chapter 1


text:
User talk:Imahd

You can talk to me here.

}}

If you can't think of any particular corners to improve on Wikisource, how about taking a look at Portal:Religious texts, Portal:Wars or Portal:Texts by Country for some ideas? Don't forget to list your contributions on those pages as well so others will find and read them in the future!

title: User talk:Imahd


text:
Page:Title 3 CFR 2000 Compilation.djvu/330

  Counsel also will prepare a report, consistent with the requirements of subparagraphs (d)(i) through (d)(iv), above, and will forward it to the Department of Justice where it will be incorporated into the Department's annual report to the President.

. Exceptions.

(a) Nothing in this Executive Order shall place a restriction on the derivative use of protected health information that was obtained by a law enforcement agency in a non-health oversight investigation.

(b) Nothing in this Executive Order shall be interpreted to place a restriction on a duty imposed by statute.

(c) Nothing in this Executive Order shall place any additional limitation on the derivative use of health information obtained by the Attorney General pursuant to the provisions of 18 U.S.C. 3486.

(d) This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, the officers and employees, or any other person.

WILLIAM J. CLINTON THE WHITE HOUSE, December 20, 2000.

Executive Order 13182 of December 23, 2000 Adjustments of Certain Rates of Pay

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the laws cited herein, it is hereby ordered as follows:

. Statutory Pay Systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and made a part hereof:

(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;

(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and

(c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102-40) at Schedule 3.

. Senior Executive Service. The rates of basic pay for senior executives in the Senior Executive Service, as adjusted under 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part hereof.

. Executive Salaries. The rates of basic pay or salaries for the following offices and positions are set forth on the schedules attached hereto and made a part hereof:

(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;

(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at Schedule 6; and 330


text:
Page:Title 3 CFR 2000 Compilation.djvu/331

 (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule 7.

. Uniformed Services. Pursuant to section 601 of Public Law 106-398, the rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof.

. Locality-Based Comparability Payments. (a) Pursuant to sections 5304 and 5304a of title 5, United States Code, locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof.

(b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register.

. Administrative Law Judges. The rates of basic pay for administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule 10 attached hereto and made a part hereof.

. Effective Dates. Schedule 8 is effective on January 1, 2001. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2001.

. Prior Order Superseded. Executive Order 13144 of December 21, 1999, is superseded.

WILLIAM J. CLINTON THE WHITE HOUSE, December 23, 2000. 331


text:
Page:EB1911 - Volume 05.djvu/242

 temperatures, this part of the coast sharing the characteristics of the interior plateau. The division of the year into four seasons is not clearly marked save in the Cape peninsula, where exceptional conditions prevail. In general the seasons are but two—summer and winter, summer lasting from September to April and winter filling up the rest of the year. The greatest heat is experienced in December, January and February, whilst June and July are the coldest months. In the western part of the colony the winter is the rainy season, in the eastern part the chief rains come in summer. A line drawn from Port Elizabeth north-west across the Karroo in the direction of Walfish Bay roughly divides the regions of the winter and summer rains. All the country north of the central mountain chain and west of 23° E., including the western part of the Great Karroo, has a mean annual rainfall of under 12 in. East of the 23° E. the plateaus have a mean annual rainfall ranging from 12 to 25 in. The western coast-lands and the Little Karroo have a rainfall of from 10 to 20 in.; the Cape peninsula by exception having an average yearly rainfall of 40 in. (see ). Along the south coast and in the south-east the mean annual rainfall exceeds 25 in., and is over 50 in. at some stations. The rain falls, generally, in heavy and sudden storms, and frequently washes away the surface soil. The mean annual temperature of the coast region, which, as stated, is 63° F. at Cape Town, increases to the east, the coast not only trending north towards the equator but feeling the effect of the warm Mozambique or Agulhas current.

On the Karroo the mean maximum temperature is 77° F., the mean minimum 49°, the mean daily range about 27°. In summer the drought is severe, the heat during the day great, the nights cool and clear. In winter frost at night is not uncommon. The climate of the northern plains is similar to that of the Karroo, but the extremes of cold and heat are greater. In the summer the shade temperature reaches 110° F., whilst in winter nights 12° of frost have been registered. The hot westerly winds of summer make the air oppressive, though violent thunderstorms, in which form the northern districts receive most of their scanty rainfall, occasionally clear the atmosphere. Mirages are occasionally seen. The keen air, accompanied by the brilliant sunshine, renders the winter climate very enjoyable. Snow seldom falls in the coast region, but it lies on the higher mountains for three or four months in the year, and for as many days on the Karroo. Violent hailstorms, which do great damage, sometimes follow periods of drought. The most disagreeable feature of the climate of the colony is the abundance of dust, which seems to be blown by every wind, and is especially prevalent in the rainy season.

That white men can thrive and work in Cape Colony the history of South Africa amply demonstrates. Ten generations of settlers from northern Europe have been born, lived and died there, and the race is as strong and vigorous as that from which it sprang. Malarial fever is practically non-existent in Cape Colony, and diseases of the chest are rare.

Geology.—The colony affords the typical development of the geological succession south of the Zambezi. The following general arrangement has been determined:—

The general structure of the colony is simple. It may be regarded as a shallow basin occupied by the almost horizontal rocks of the Karroo. These form the plains and plateaus of the interior. Rocks of pre-Cape age rise from beneath them on the north and west; on the south and east the Lower Karroo and Cape systems are bent up into sharp folds, beneath which, but in quite limited areas, the pre-Cape rocks emerge. In the folded regions the strike conforms to the coastal outline on the south and east.

Pre-Cape rocks occur in three regions, presenting a different development in each:—

The pre-Cape rocks are but little understood. They no doubt represent formations of widely different ages, but all that can be said is that they are greatly older than the Cape System. The hope that they will yield fossils has been held out but not yet fulfilled. Their total thickness amounts to several thousand feet. The rocks have been greatly changed by pressure in most cases and by the intrusion of great masses of igneous material, the Namaqualand schists and Malmesbury beds being most altered.

The most prominent member of the Cango series is a coarse conglomerate; the other rocks include slates, limestone and porphyroids. The Ibiquas beds consist of conglomerates and grits. Both the Cango and Ibiquas series have been invaded by granite of older date than the Table Mountain series. The Nieuwerust beds contain quartzite, arkose and shales. They rest indifferently on the Ibiquas series or Malmesbury beds.

The pre-Cape rocks of the northern region occur in the Campbell Rand, Asbestos mountains, Matsap and Langebergen, and in the Schuftebergen. They contain a great variety of sediments and igneous rocks. The oldest, or Keis, series consists of quartzites, quartz-schists, phyllites and conglomerates. These are overlain, perhaps unconformably, by a great thickness of lavas and volcanic breccias (Pniel volcanic series, Beer Vley and Zeekoe Baard amygdaloids), and these in turn by the quartzites, grits and shales of the Black Reef series. The chief rocks of the Campbell Rand series are limestones and dolomites, with some interbedded quartzites. Among the Griquatown series of quartzites, limestones and shales are numerous bands of jasper and large quantities of crocidolite (a fibrous amphibole); while at Blink Klip a curious breccia, over 200 ft. thick, is locally developed. Evidences of one of the oldest known glaciations have been found near the summit in the district of Hay. The Ongeluk volcanic series, consisting of lavas and breccias, conformably overlies the Griquatown series; while the grits, quartzites and conglomerates of the Matsap series rest on them with a great discordance.

Rocks of the Cape System have only been met with in the southern and eastern parts of South Africa. The lowest member (Table Mountain Sandstone) consists of sandstones with subordinate bands of shale. It forms the upper part of Table Mountain and enters largely into the formation of the southern mountainous folded belt. It is unfossiliferous except for a few obscure shells obtained near the base. A bed of conglomerate is regarded as of glacial origin.

The Table Mountain Sandstone passes up conformably into a sequence of sandstones and shales (Bokkeveld Beds), well exposed in the Cold and Warm Bokkevelds. The lowest beds contain many fossils, including Phacops, Homalonotus, Leptocoelia, Spirifer, Chonetes, Orthothetes, Orthoceras, Bellerophon. Many of the species are common to the Devonian rocks of the Falkland Islands, North and South America and Europe, with perhaps a closer resemblance to the Devonian fauna of South America than to that of any other country.

The Bokkeveld beds are conformably succeeded by the sandstones, quartzites and shales of the Witteberg series. So far

title: Page:EB1911 - Volume 05.djvu/242


text:
Translation talk:Iudas

What is this? For any work, we need the header that gives the name, author (and translator) and date. If this is a modern translation, from what originals?--Prosfilaes (talk) 22:34, 19 September 2010 (UTC)

title: Translation talk:Iudas


text:
Translation talk:Ōðer Ǣrendȝeƿrit Iohannes

What is this? For any work, we need the header that gives the name, author (and translator) and date. If this is a modern translation, from what originals?--Prosfilaes (talk) 22:35, 19 September 2010 (UTC)


text:
Translation talk:Þridde Ǣrendȝeƿrit Iohannes

What is this? For any work, we need the header that gives the name, author (and translator) and date. If this is a modern translation, from what originals?--Prosfilaes (talk) 22:35, 19 September 2010 (UTC)


text:
Page:Devonshire Characters and Strange Events.djvu/737

 {| align=center Sir Joshua Reynolds pinxt.
 * Lord Ashburton - Devonshire characters and strange events.jpg
 * }


text: Page:Devonshire Characters and Strange Events.djvu/738


text: 1911 Encyclopædia Britannica/Las Vegas

title: 1911 Encyclopædia Britannica/Las Vegas


text:
Page:Dictionary of National Biography volume 27.djvu/423

 in Highgate cemetery. His publishing business was purchased of his widow by Messrs. Chatto & Windus. He married, about 1859, Charlotte Stringer, by whom he had three daughters.

Hotten was author of slight biographies of Thackeray (under the name of Theodore Taylor), 1864, and Dickens, 1870, 1873; the 'History of Signboards' (with Jacob Larwood), 1867; 'Literary Copyright, seven letters addressed to Earl Stanhope, 1871; 'The Golden Treasury of Thought. A Gathering of Quotations,' 1874.

Hotten also undertook several translations of Erckmann-Chatrian's works, and edited among many other books: 1. 'Sarcastic Notices of the Long Parliament,' 1863. 2. 'The Little London Directory of 1677,' 1863. 3. 'The Original List of Persons who went from Great Britain to the American Plantations, 1600–1700,’ 1874.

[Bookseller, 31 Aug. 1863, pp. 491–3, and 2 July 1873, pp. 548–9; Allibone's Dict. of English Literature, ii. 2325–6; Boase and Courtney's Bibl. Cornub. i. 255, iii. 1237.]  HOUBLON, JOHN (d. 1712), first governor of the Bank of England, born in London, was the third son of James Houblon, by his wife Marie Ducane. His father an eminent merchant and the elder of the French protestant church of London, belonged to a Huguenot family (Huguenot Society's Publications, ii. 88). John probably joined his father in business, and soon became successful as a Spanish merchant. He was a member of the Grocers' Company, and served the office of master in 1696. He was elected sheriff on Midsummer-day 1689, and alderman of Cornhill ward on 17 Sept. in the same year. He was knighted by William III at the mayoralty feast at Guildhall on 29 Oct. 1689. Houblon was a whig, and was put up with Sir John Fleet by his party in 1692 for the office of lord mayor, in opposition to two tory aldermen. Houblon and Fleet were returned to the court of aldermen, and Fleet, who was the senior, was chosen. Houblon was similarly returned by the livery in 1693, and was elected and chosen lord mayor on 28 Sept. 1695. His mayoralty pageant was composed by Elkanah Settle, and entitled 'The Triumph of London,' the costs being defrayed by the Grocers' Company. On 30 Jan. 1693-4 he was appointed by commission a lord of the admiralty (, iii. 262), and held this office 2 June 1699 ( Book of Dignities, 3rd edit., p. 176).

Houblon was a subscriber, on 21 June 1694. of l0,000l for the establishment of the Bank of England, and was its first governor. Through his influence Grocers' Hall became the place of meeting for the governors, who had in the first instance met at Mercers' Chapel (, iii. 332, 376). On 15 Aug. 1696 he introduced the general court of the Bank to advance 200,000l. to the king for the payment of the army in Flanders (, Hist. iv. 155). On 5 Dec. 1696 he attended the House of Commons and delivered a statement of the accounts of the Bank (ib. iv. 149; cf. Calendar of Treasury Papers, 1697-1701-2, pp. 473-4). According to Luttrell, he was a commissioner of the victualling office (v. 239), and on 16 March 1703-4 was chosen by the House of Lords one of the commissioners of accounts (ib. v. 403). On 31 March 1706 he obtained early news from his Spanish agent of the raising of the siege of Gibraltar by the French and Spaniards (ib. p. 536). His house of business was in Threadneedle Street. He died 10 Jan. 1711-12 (ib. vi. 713), and was buried at St. Benet's, Paul's Wharf (, Pedigree of Knight, p. 424). He was a benefactor in his lifetime to the Corporation for the Poor of the City of London (, New View of London, 1708, p. 753). He married Mary Jurion of London, who died 10 Dec. 1732, aged 92, and was buried at St. Benet's. By her he had a daughter, Arabella, and a son, Jacob, rector of Moreton, Essex.

His brother, (d. 1700), was elected in September 1692 alderman of London for Aldersgate ward; was knighted at the mayoralty feast 29 Oct. following; was appointed a director of the newly-founded Bank of England July 1694; was sent as a deputy-governor of the Bank to establish a bank at Antwerp 'to coin money to pay our army in Flanders' in May 1695; and represented the city in parliament (1698-1700). He died in October 1701. He had a house near Epping Forest. An Abraham Houblon was also director of the Bank of England.

[City Records; Kearslsy's London Register, 1787: Orridge's Citizens of London and their Rulers; authorities above cited; Luttrell's Brief Relation.]  HOUGH, JOHN (1651–1743), bishop of Worcester, was the son of John Hough, citizen of London, who was descended from the Houghs of Leighton in Cheshire. His mother was Margaret, daughter of John Byrche of Leacroft, Staffordshire. He was born in Middlesex, 12 April 1651, and educated either at Birmingham or at Walsall, Staffordshire. He entered as demy at Magdalen College, Oxford, 12 Nov. 1669, graduated B.A. 10 April 1673, M.A. 8 June 1676, B.D. 10 March 1686, and D.D. 22 June 1687, and after a few years


text:
Page:Devonshire Characters and Strange Events.djvu/837

Rh ill qualified to cope with the entanglements of debts and mortgages with which his father and grandfather, in their devotion to the Royalist cause, had encumbered the estate. His mother and sister, both strong-willed women, wielded masterfully the reed they could not lean upon. Richard ingratiated himself with them, and making much of his alleged "near relationship," which they afterwards repudiated, and which does not appear to have been established, seems to have persuaded them that their own interests, and the desire of the childless young John, that North Wyke should continue in the name of Weekes, could best be served by inducing the said John to constitute him, Richard Weekes, his heir, on condition of giving the mother an annuity of £100, and the sister a marriage portion of £2000, besides paying young John's debts, amounting to £5000, and his funeral expenses.

Now the rightful heir was young John's uncle, John Weekes of Blackball, but he had mortally offended Mistress Weekes immediately on her widowhood, by contesting with her both the care of her children and the custody of the family deed-box.

This latter he had violently raided, though he is said to have soon returned it undespoiled, and without having mastered its contents, he being "a man of very slender understanding in matters of the law." But "his specious pretence to do his nephew good and undertake his tuition," had been vehemently rejected by the mother, to whom it may have occurred that if little John and his sister were to be confided to their grasping uncle's control, such another tragedy as that of the Babes in the Wood might stain the annals of Dartmoor!

Mistress Weekes who, as Mary Southcote, had married before the settlements were executed, had


text:
Page:Devonshire Characters and Strange Events.djvu/838

712 received no jointure. She could expect no generosity from uncle John, and was naturally anxious about her future.

She accordingly preferred—in both senses—Richard's claim, and—apparently by mutual understanding—the deed by which young John's grandfather had entailed the estate on the heirs male was suppressed.

In the summer of 1661, young John being evidently in a rapid decline, was persuaded to ride to Plymouth to be treated by Dr. Anthony Salter, and his son-in-law Dr. William Durston, Richard's cousin. When young John was in Salter's house, another cousin of Richard's, a barrister, was introduced, and by his advice—and it is more than insinuated under undue pressure—on 29 August John signed a conveyance of his estates on the prearranged lines, to Salter and Durston as trustees on behalf of Richard Weekes of Hatherleigh and his heirs for ever. But John had sufficient wit to insist upon endorsing the settlement with a clause giving him power of revocation.

Shortly after the execution of this deed, at his urgent request, John was carried home to North Wyke on a horse-litter, accompanied by Richard of Hatherleigh, Dr. Durston, and others, and three days later, i.e. on or about 1 September, he departed this life. By that time, the attitude of Katherine Weekes, the sister of John, had undergone a complete volte-face. This defection may safely be attributed to the treacherous influence of Dr. Salter, who, having seen North Wyke, evidently thought that it might as well come into his family as go to Richard Weekes; for at this period he began to make strenuous efforts to bring about a marriage between Katherine and his son, and she, it is said, "did entertain his son to be a suitor." The plan was now to secure the whole estate to herself. She


text:
Page:Dictionary of National Biography volume 27.djvu/422

 :: visione Dei tractatus.'
 * 1) 'De unitat
 * 2) A French speech on the rights of the English king.
 * 3) 'In tres libros de anima.'
 * 4) 'Quæstiones quodlibetales.'

HOTON or HOGHTON, RICHARD (d. 1307), prior of Durham and probable founder of Durham College, the Oxford 'nursery' of the Benedictines of Durham, the site of which is now occupied by Trinity College, seems to have been a native of Houghton-le-Spring, Durham. Tradition, however, connects him with the family now represented by Sir Charles De Hoghton, bart., of Hoghton Towers, near Blackburn, Lancashire. Richard was subprior of Durham at the reappointment to the priorate of Hugo de Derlington (1285), by whom he was appointed prior of the cell of Lynche, but afterwards 'conventualis apud Coldingham.' Derlington is said to have disliked him, and afterwards 'odio R. de Hoton, qui juvenis graciosus erat, monachos misit Oxoniam ad studendum, et eis satis laute impensas ministrabat' (, c. xxi.). Richard, however, on becoming prior in 1289, carried on the scheme by providing the Durham students with a house at Oxford similar to that possessed by the Benedictines of St. Peter's Abbey, Gloucester, in Gloucester College. Part of the site had been acquired as early as 1286. In 1300 Hoton was deposed and imprisoned by Bishop [q. v.], for resisting his attempts to visit Durham priory, but he escaped, and going to Rome turned the tables on the bishop, who was summoned for contumacy. Hoton was reinstated by Boniface VIII in 1301, and was again suspended for similar action by Clement V, but was restored on payment of a fee of one thousand marks. He died at Rome on 9 Jan. 1307, and seems to have been remembered as a benefactor to the church of Durham.

HOTSPUR. [See, d. 1403.]

HOTTEN, JOHN CAMDEN (1832–1873), originally named, publisher, was born at 45 St. John's Square, Clerkenwell, London, on 12 Sept. 1832. His father, William Hotten of Probus, Cornwall, removed to London and became a master carpenter and undertaker in Clerkenwell. His mother was Maria Cowling of Roche, Cornwall. At the age of fourteen Hotten was placed with John Petheram, bookseller, 71 Chancery Lane, London, where he acquired a taste for rare and curious books. In 1848 he went with his brother to America, and stayed there for some years. He returned to England in 1856, and commenced business as a bookseller and publisher in a small shop, 151B Piccadilly, London. Here his literary knowledge and shrewd intelligence collected around him a large circle of acquaintances. In 1859 he produced the first edition of his 'Dictionary of Modern Slang, Cant, and Vulgar Words' (reissued in 1874). Other works bearing his imprint rapidly succeeded; in the composition of nearly all he took some part, and many he wrote entirely. His most laborious and least-known compilation, the ‘Handbook of Topography and Family History of England and Wales, being an account of 20,000 books' (1863). Hotten's steady perseverance soon placed him among the best-known publishers, and he took larger premises at 74–5 Piccadilly. In 1866 the publication of Mr. A. C. Swinburne's 'Poems and Ballads' excited a prudish remonstrance on the score of indecency, and Moxon the publisher withdrew the work from circulation. Hotten boldly offered himself as the poet's publisher, and issued the volume in dispute as well as Mr. Swinburne's reply to his critics. Hotten was the first to introduce into England the humorous works of American writers like Mr. J. R. Lowell's 'Biglow Papers' (1864); Artemus Ward, his Book' (1865); O. W. Holmes's 'Wit and Humour’' (1867 and 1872); Leland's 'Hans Breitmann's Barty and other Ballads' (1869), and Bret Harte's 'Lothaw' and 'Sensation Novels' (1871). His last work was 'Macaulay the Historian' (1873), which was published eight days after his death. He was a fellow of the Ethnological Society, and contributed weekly articles of literary news to the 'Literary Gazette' during its last year (1862); to George Godwin's short-lived 'Parthenon' (1862–3); and to the 'London Review' (1863–6). He died at 4 Maitland Park Villas, Haverstock Hill, Hampstead, on 14 June 1873, and was buried


text:
Page:Dictionary of National Biography volume 33.djvu/211

 Ley Hugh was educated at Dr. Lempriere's [q. v.] school in his native town; subsequently became a student of the then united medical schools of St. Thomas's and Guy's Hospitals in Southwark, and took the diploma of the College of Surgeons. He then studied at Edinburgh, where he graduated M.D. 24 June 1813. His graduation thesis was on the pathology of phthisis. On 30 Sept. 1818 he was admitted a licentiate of the College of Physicians of London, and began practice in London as a man midwife. He was elected physician to the Westminster Lying-in Hospital, and soon afterwards became lecturer on midwifery at the Middlesex Hospital. On 20 April 1835 he accepted the unanimous invitation of the staff of St. Bartholomew's Hospital to deliver the lectures on midwifery in their school. His course was the first delivered in the summer, it having before been the general custom of the medical schools of London to have no regular classes except in the winter. In 1836 he published ‘An Essay on Laryngismus Stridulus, or Crouplike Inspiration of Infants,’ a volume of 480 pages. The first accurate clinical description of the disease in England is contained in the ‘Commentaries on the Diseases of Children’ (1815) of Dr. John Clarke (pt. i. p. 86), but Ley's is the first book containing a full pathological discussion of the malady. He endeavours to prove that the spasm of the larynx, which is its characteristic symptom, is caused by the pressure of enlarged lymphatic glands on the recurrent laryngeal nerve. Subsequent experience has shown that in many cases no enlarged glands are present, and the fact that the book records numerous deaths from the disease shows that its author had confused cases of tubercular meningitis with those of laryngismus stridulus, a disorder now known to be rarely, if ever, fatal. The book shows much industry, but is too long and not clear. His thesis, printed at Edinburgh in 1813, is his only other publication. He lived in Half-Moon Street, London, but died, from heart disease, at Stilton, Huntingdonshire, 24 Jan. 1837.

LEY, JAMES, first (1550–1629), judge and politician, born in 1550, was sixth and youngest son of Henry Ley, who was descended from the Leys of Ley in Devonshire, but was granted by the crown in 1545 the manor and advowson of Teffont-Ewyas, Wiltshire. Ley's mother was Dyonisia de St. Mayne. His father (d. 7 June 1574) and elder brothers, William (d. 5 April 1624) and Matthew (d. 24 May 1632 aged 87), are buried in the church of Teffont-Ewyas, and inscriptions to their memory are extant there (cf., Wiltshire Hundred of Dunworth, pp. 113–14). James entered Brasenose College, Oxford, in 1569, as a commoner, and after graduating B.A. (3 Feb. 1573–4) he became a student at Lincoln's Inn. He was called to the bar 11 Oct. 1584, and soon distinguished himself by his ‘great proficiency in the municipal law.’ He became a judge for the counties of Carmarthen, Pembroke, and Cardigan, and he entered the House of Commons as M.P. for Westbury in 1597–8. He was elected a bencher of his inn in 1600 and reader in 1602. In 1603 he was made a serjeant-at-law, and in the following year was appointed lord chief justice of the king's bench in Ireland, and was knighted while on a visit with the king to the Earl of Pembroke's house at Wilton (8 Oct. 1603). He was the first English judge to make a circuit in Wicklow (November 1606) after it had been made a shire. From 6 April to 8 Nov. 1605 he was a commissioner of the great seal at Dublin. In that capacity he seems to have strained his powers by issuing general ‘mandates’ or precepts, directing catholic recusants to attend church under pain of appearing in the Star Chamber, and he made a practice of refusing the defendants copies of the indictments against them when they did appear. He thus became ‘generally hated throughout the kingdom,’ and frequent petitions were sent to Dublin Castle, bitterly complaining of his harsh administration of justice. The English privy council supported his policy (cf. Cal. State Papers, Irish, 1603–1606, pp. 374, 398, 509). He was very regular in his attendance at the meetings of the Irish council, and was an unvarying supporter of very vigorous methods of government. In 1608 he was made a commissioner for the plantation of Ulster (ib. 1606–1608, pp. xxxviii, 397). James I took ‘such a liking to him’ and formed ‘such an opinion of his ability to do him service,’ that in December 1608 he transferred him from the Irish bench to the profitable post of attorney of the court of wards and liveries in England (ib. 1608–10, p. 116). A right of precedence which he claimed over the king's attorney-general, Sir Henry Hobart, was confirmed under the privy seal 15 May 1609. He had been re-elected M.P. for Westbury to the parliaments of 1604–5 and 1609–1611, and sat for Bath in that of 1614. From 1609 to 1622 Ley was a governor of Lincoln's


text:
Page:Dictionary of National Biography volume 41.djvu/54

Nicolls most interesting of his medical writings. He seems to have noticed some of the now well-known phenomena of the reflection of irritation from one part of the nervous system to another; but his argument is confused, and his proposition that erethism of the cranial brain is due to impressions on the anticerebral extremities of nerves is imperfectly supported by his actual observations. At this time he became a member of the Royal Irish Academy. On 17 March 1826 he graduated M.D. at Glasgow, then removed to London, and was admitted a licentiate of the College of Physicians on 26 June 1826. He attained some success in practice, and was elected F.R.S. 18 Feb. 1830. He published two ophthalmic cases of some interest—one of imperfection of vision, the other of colour-blindness—in the ‘Medico-Chirurgical Transactions,’ vols. vii. and ix. In 1835 he gave up practice, and settled at Wimbledon, Surrey, where he died on 3 Dec. 1838. The taste for Hebrew and for theology which he acquired in boyhood from the learned uncle who educated him remained through life. He left several theological works in manuscript, which were published in 1841, with a short prefatory sketch of his life. He published five theological treatises during his lifetime: ‘An Analysis of Christianity,’ 8vo, London, 1823; ‘Nugæ Hebraicæ’ and ‘Nature the Preacher,’ 1837; ‘Remarks on the Breaking and Eating of Bread and Drinking of Wine in Commemoration of the Passion of Christ,’ 8vo, London, 1837; ‘An Inquiry into the Nature and Prospects of the Adamite Race,’ 8vo, London, 1838.

[Munk's Coll. of Phys. iii. 149; Works.]

NICOLLS or NICHOLLS, AUGUSTINE (1559–1616), judge, born at Ecton, Northamptonshire, in April 1559, was the second son of Thomas Nicholls, serjeant-at-law, by Anne, daughter of John Pell, esq., of Ellington, Huntingdonshire. The Wardour Abbey manor in Ecton had been in the family for three generations, having been purchased by Augustine's grandfather, William Nicolls or Nicoll, of Hardwicke, Northamptonshire, who died in 1575, at the age of ninety-six. Augustine's father, Thomas, purchased a third part of the manor of Hardwicke in the reign of Elizabeth. His elder brother, Francis, born in 1557, was governor of Tilbury Fort in 1588. Augustine, ‘bred in the study of the common law,’ became reader at the Middle Temple in the autumn of 1602. On 11 Feb. 1603 Elizabeth summoned him to take the degree of the coif; but the queen dying before the writ was returnable, it had to be renewed by James I. Nicolls was sworn in before the lord keeper as serjeant-at-law on 17 May following (, Progresses of James I, i. 157). On 14 Dec. 1603 Nicolls was made recorder of Leicester (cf. ib. ii. 464 n.) In 1610 he was attached as serjeant to the household of Henry, prince of Wales. An opinion signed by him and Thomas Stephens, advising the prince not to entertain a proposal for getting a grant from the king of forfeitures from recusants, is printed by Birch from Harl. MS. 7009, fol. 23 (Life of Henry Prince of Wales, pp. 169–70). On 11 June 1610 Nicolls, in addition to the manors of Broughton and Faxton, which he had purchased, received a grant in fee simple of the manor of Kibworth-Beauchamp, Leicestershire (State Papers, Dom. 1603–10, p. 618).

On 26 Nov. 1612 Nicolls was appointed justice of common pleas (, Chron. Ser. p. 102;, Northamptonshire, ii. 95; but cf. Cal. State Papers, Dom. 1611–18, p. 158). He was knighted at the same time. Three years later his patent was renewed on his appointment as chancellor to Charles, prince of Wales. He died of the ‘new ague’ while on circuit, on 3 Aug. 1616, at Kendal, Westmoreland, where there is a monument to his memory; his tomb, in black and white marble, is in Faxton Church, Northamptonshire. It might be said of him, writes Fuller, ‘Judex mortuus est jura dans.’ Robert Bolton [q. v.], whom he had presented to the living of Broughton, testifies to his high qualities, both as a man and a judge. He particularly dwells upon Nicolls's ‘constant and resolute heart rising against bribery and corruption,’ and says that he ‘qualified fees to his owne loss,’ and would not take gratuities even ‘after judgment given.’ James I called him ‘the judge that would give no money.’ Bolton credits him with a good memory, great patience and affability, and ‘a marvellous tenderness and pitifull exactnesse in his inquisitions after blood.’ He had also ‘a mighty opposition of popery;’ and in the north officers observed that ‘in his two or three yeares he convicted, confin'd, and conform'd moe papists than were in twenty years before.’ He delivered, especially, a very weighty charge at Lancaster in his last circuit but one against ‘popery, prophaneness, non-residency, and other corruptions of the times.’ He would not travel on Sunday, and liked ‘profitable and conscionable sermons.’ ‘I cannot tell, saies he, what you call Puritanicall sermons; they come neerest to my conscience, and doe mee the most good.’


text:
Page:Title 3 CFR 2000 Compilation.djvu/340

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Public Law 106-346, it is hereby ordered as follows:

. Policy. It is the policy of the executive branch of the Government of the United States of America to help answer the questions that the people of Puerto Rico have asked for years regarding the options for the islands' future status and the process for realizing an option. Further, it is our policy to consider and develop positions on proposals, without preference among the options, for the Commonwealth's future status; to discuss such proposals with representatives of the people of Puerto Rico and the Congress; to work with leaders of the Commonwealth and the Congress to clarify the options to enable Puerto Ricans to determine their preference among options for the islands' future status that are not incompatible with the Constitution and basic laws and policies of the United States; and to implement such an option if chosen by a majority, including helping Puerto Ricans obtain a governing arrangement under which they would vote for national government officials, if they choose such a status.

. The President's Task Force on Puerto Rico's Status. There is established a task force to be known as “The President's Task Force on Puerto Rico's Status” (Task Force). It shall be composed of designees of each member of the President's Cabinet and the Co-Chairs of the President's Interagency Group on Puerto Rico (Interagency Group). The Task Force shall be co-chaired by the Attorney General's designee and a Co-Chair of the Interagency Group.

. Functions. The Task Force shall seek to implement the policy set forth in section 1 of this order. It shall ensure official attention to and facilitate action on matters related to proposals for Puerto Rico's status and the process by which an option can be realized. It shall provide advice and recommendations on such matters to the President and the Congress. It shall also provide advice and recommendations to assist the Executive Office of the President in fulfilling its responsibilities under Public Law 106-346 to transfer funding to the Elections Commission of the Commonwealth of Puerto Rico for public education on and a public choice among options for Puerto Rico's future status that are not incompatible with the Constitution and the basic laws and policies of the United States.

. Report. The Task Force shall report on its actions to the President not later than May 1, 2001, and thereafter as needed but not less than annually on progress made in the determination of Puerto Rico's ultimate status.

WILLIAM J. CLINTON THE WHITE HOUSE, December 23, 2000.

340


text: Dictionary of National Biography, 1885-1900/Wilton, Joseph


text: Dictionary of National Biography, 1885-1900/Wilton, William de


text:
Page:Title 3 CFR 2000 Compilation.djvu/341

By the authority vested in me as President of the United States by the Constitution and laws of the United States of America, including section 301 of title 3, United States Code, and sections 3301 and 7301 of title 5, United States Code, it is hereby ordered as follows:

Executive Order 12834 of January 20, 1993, “Ethics Commitments by Executive Branch Appointees,” is hereby revoked, effective at noon January 20, 2001. Employees and former employees subject to the commitments in Executive Order 12834 will not be subject to those commitments after the effective date of this order.

WILLIAM J. CLINTON THE WHITE HOUSE, December 28, 2000.

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to keep the Federal Government-University research partnership strong, it is hereby ordered as follows:

. Principles of the Government-University Partnership. The partnership in science and technology that has evolved between the Federal Government and American universities has yielded benefits that are vital to each. It continues to prove exceptionally productive, successfully promoting the discovery of knowledge, stimulating technological innovation, improving the quality of life, educating and training the next generation of scientists and engineers, and contributing to America's economic prosperity and national security. In order to reaffirm and strengthen this partnership, this order sets forth the following guiding and operating principles that are fully described in the April 1999 National Science and Technology Council report, “Renewing the Government-University Partnership.” These principles shall provide the framework for the development and analysis of all future Federal policies, rules, and regulations for the Federal Government-University research partnership.

(a) The guiding principles that shall govern interactions between the Federal Government and universities that perform research are:

(1) Research is an investment in the future;

(2) The integration of research and education is vital;

(3) Excellence is promoted when investments are guided by merit review; and

(4) Research must be conducted with integrity. 341


text:
Page:Title 3 CFR 2000 Compilation.djvu/342

 (b) The operating principles that shall assist agencies, universities, individual researchers, and auditing and regulatory bodies in implementing the guiding principles are:

(1) Agency cost-sharing policies and practices must be transparent;

(2) Partners should respect the merit review process;

(3) Agencies and universities should manage research in a cost-efficient manner;

(4) Accountability and accounting are not the same;

(5) The benefits of simplicity in policies and practices should be weighed against the costs;

(6) Change should be justified by need and the process made transparent.

(c) Each executive branch department or agency that supports research at universities shall regularly review its existing policies and procedures to ensure that they meet the spirit and intent of the guiding and operating principles stated above.

. Office of Science and Technology (OSTP) Review of the Government-University Research Partnership. (a) The OSTP, in conjunction with the National Science and Technology Council, shall conduct a regular review of the Government-University research partnership and prepare a report on the status of the partnership. The OSTP should receive input from all departments or agencies that have a major impact on the Government-University partnership through their support of research and education, policy making, regulatory activities, and research administra tion. In addition, OSTP may seek the input of the National Science Board and the President's Committee of Advisors for Science and Technology, as well as other stakeholders, such as State and local governments, industry, the National Academy of Sciences, and the Federal Demonstration Partnership.

(b) The purpose of the review and the report is to determine the overall health of the Government-University research partnership, being mindful of the guiding and operating principles stated above. The report should include recommendations on how to improve the Government- University partnership.

(c) The Director of OSTP shall deliver the report to the President.

.Judicial Review. This order does not create any enforceable rights against the United States, its agencies, its officers, or any person.

WILLIAM J. CLINTON THE WHITE HOUSE, December 28, 2000.

342


text:
Morgan v. Curtenius (61 U.S. 1)

THIS case was brough up, by writ of error, from the Circuit Court of the United States for the district of Illinois.

It was the same case which was before the court at the preceding term, as noticed in 19 Howard, 8.

The case is stated in the opinion of the court.

It was argued by Mr. Washburne for the plaintiff in error, and Mr. Ballance for the defendant, upon printed arguments.

Mr. Washburne referred to the cases of Frisby v. Ballance 2 Gilman, 141, and Frink v. Davit, 14 Illinois Reports, 304; and contended that the last decision had declared the law of the State, by which the deed of Bogardus to Underhill did not, by the subsequently-acquired title of Bogardus, pass the title in fee. The decision of the Circuit Court should be reversed, as being contradictory to the established law of the State.

Mr. Ballance admitted that the United States courts could follow the State courts in the construction of their own statutes, and, when a new construction was adopted, could change and decide cases as they might arise, according to the new construction. But he denied that the Supreme Court could gather up all the old cases which had been settled under the law as it then stood, and make them conform to the new law.

Mr. Justice GRIER delivered the opinion of the court.

title: Morgan v. Curtenius (61 U.S. 1)


text: Talk:Morgan v. Curtenius (61 U.S. 1)

title: Talk:Morgan v. Curtenius (61 U.S. 1)


text:
Morgan v. Curtenius (61 U.S. 1)/Opinion of the Court

The plaintiff in error, who was also plaintiff below, brought his ejectment for certain lots in the town of Peoria. On the trial, he gave in evidence a patent from the United States to John L. Bogardus, dated 5th of January, 1838; the will of Bogardus, proved 7th of July, 1838, in which he authorizes his executrix to sell his lands; a deed from the executrix, dated September 25th, 1845, to Seth L. Cole; also, a deed from Cole to Frink, and from Frink to plaintiff. The defendants claimed under Isaac Underhill, to whom Bogardus had conveyed by deed, dated 5th August, 1834, purporting, for the consideration of $1,050, 'to grant, sell, and convey,' to Underhill, all Bogardus's 'right and interest' to the land in dispute; 'to have and to hold the same, unto the said Underhill, his heirs and assigns, forever.'

The defendants, moreover, proved that Underhill paid the purchase-money for the land, and took out the patent in the name of Bogardus, in whose name the entry had been made.

The plaintiff's counsel then moved the court to exclude from the jury all the evidence given by the defendants. This motion was overruled, and the court instructed the jury that the plaintiff had no title to the premises claimed in the declaration. To this instruction plaintiff's counsel excepted, and now alleges it as error.

It was contended that the deed from Bogardus to Underhill was but an ordinary quit-claim deed, conveying only such interest as the releasor had in the premises at the time of its execution; and being without any direct covenants of warranty, or that implied in the terms 'grant, bargain, and sell,' Bogardus was not estopped from evicting Underhill, under his legal title afterwards vested in him by the patent. The defendants contended, that however this might be at common law, the title acquired by Bogardus inured to the benefit of his grantee by virtue of the 7th section of the statute of Illinois, passed in 1833, concerning conveyances of real property, which is as follows: 'If any person shall sell or convey to another, by deed or conveyance purporting to convey an estate in fee simple absolute in any tract of land or real estate, lying and being in this State, not then being possessed of the legal title or interest therein at the time of the sale of conveyance, but after such sale and conveyance the vendor shall become possessed of and confirmed in the legal estate to the land or real estate so sold and conveyed, it shall be taken and held in trust, and for the use of the grantee or vendee, and the conveyance aforesaid shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or interest at the time of sale or conveyance.'

Now, this case was tried in the court below, on the 8th of June, 1849, and this section of the act of 1833 had been construed by the Supreme Court of Illinois, as to its application to the conveyance in question, in the case of Frisby v. Ballance, decided in that court in 1845, and reported in 2d Gilman, 141. It was held in that case that the fee in the premises inured under the statute to Underhill and his assigns. This construction of the statute was therefore a settled rule of property at the time of the decision of this case in the court below, which that court was bound to follow; and having so decided, there was certainly no error in the decision at the time it was made.

But it is argued, that though the decision of the Circuit Court was in accordance with the established construction of the statutes of Illinois, and the rules of property as then declared by her highest tribunal, yet that it has become erroneous, because of a change of the law since that time, by a decision of the Supreme Court of the State in 1853, in the case of Frank v. Durst, (14 Illinois, 305,) by which the case of Frisby v. Ballance was overruled and reversed. It is true that the same conveyance and the same statute were in question in the last case, and have received a contrary construction to that which had governed such conveyances as a rule of property for more than eight years.

If the judgment of the Circuit Court in this case had been given since the last decision of the Supreme Court of Illinois, this court might have been compelled to decide whether they considered themselves bound to follow the last decision of that court, or at liberty to choose between them. But, however the latter decision may have a retroactive effect upon the titles held under the deed in question, it cannot have that effect upon the decisions of the Circuit Court, and make that erroneous which was not so when the judgment of that court was given. It is therefore affirmed, with costs.


text: Talk:Morgan v. Curtenius (61 U.S. 1)/Opinion of the Court


text:
Wynn v. Morris

THIS case was brought up from the Supreme Court of the State of Arkansas, by a writ of error issued under the 25th section of the judiciary act.

The case is fully stated in the opinion of the court.

It was submitted on printed arguments, by Mr. Pike for the plaintiff in error, and by Mr. Watkins and Mr. Bradley for the defendant.

The arguments upon both sides were directed almost entirely to the merits of the case; the question of jurisdiction was made by the counsel for the defendant in this manner:

If the decision of the court below had been against the right claimed by Mrs. Taylor, under the act of Congress of the 29th of May, 1830, she would have had a right of appeal, but Wynn would not; although the case might be said to involve the construction of that act, because, confessendly, he does not claim any right under it.

The decision being in favor of the right, there is no ground left for the appellate jurisdiction of this court to rest upon, unless the plaintiff can make it appear that the decision of the court below involved the construction of the act of September 4th, 1841, and was against a right claimed under that act for granting lands to the State of Arkansas.

But, according to the case made by the bill, the State does not and cannot claim any title to this land under the act of 1841. Whether the plaintiff ever acquired any right to it from the State or under the selection, is purely a question of contract, or of private grievance, as between him and the State. True, he must trace his title back to the act of 1841. But in that sense, every disputed land case might come up to this court, as all titles are more or less remotely derived from the United States.

Mr. Justice CATRON delivered the opinion of the court.

title: Wynn v. Morris


text: Talk:Wynn v. Morris

title: Talk:Wynn v. Morris


text:
Wynn v. Morris/Opinion of the Court

The complainant filed his bill in a State Circuit Court in Arkansas, to enjoin Morris from executing a writ of possession founded on a recovery by an action of ejectment for the northwest quarter of section 18, in township 16, south of Red river.

Wynn alleges that the whole of the quarter section was cultivated by him, and had been for years before the inception of Morris's title, and that he, Wynn, claimed title to the land through the State of Arkansas, and that Morris had obtained a legal title in fraud of Wynn's superior right in equity.

Morris claims through Keziah Taylor. In 1829 and in 1830, when the occupant law of that year passed, she was a widow, and cultivated a small farm on the land in dispute; she sold out her possessions there in the latter part of 1830, left the country secretly, and settled permanently in the Mexican province of Coahuila and Texas, and there she remained without returning to Arkansas until December, 1842, when she made her appearance, proved her cultivation in 1829, and her continuing possession in May, 1830, in the form prescribed by the act of that year, had her pre-emption allowed, entered the land, and sold it to Morris. She got a patent in 1844.

The reason why Mrs. Taylor did not enter the land at an earlier day was, that the township No. 16 was not surveyed until 1841, and within one year before the date of her entry.

Wynn seeks a decree on the ground that Morris procured Mrs. Taylor to enter the land for Morris's benefit, when she had no right of pre-emption, because of the abandonment of her possession for more than ten years.

The register and receiver held that a preference of entry was vested by the act of 1830, and they refused to investigate the fact of abandonment. This opinion was concurred in by the Commissioner of the General Land Office. And, to correct this alleged error, the bill was filed. The State Circuit Court refused the relief prayed; adjudged that Mrs. Taylor obtained a valid title to the land, and decreed damages against Wynn for detaining the possession. From this decree he appealed to the Supreme Court of Arkansas, where the decree of the Circuit Court was affirmed, and to that decree Wynn prosecutes his writ of error out of this court; and the first question here is, whether we have jurisdiction to re-examine and reverse or affirm the decree of the State courts. This can only be done in a case where is drawn in question the construction of a statute of the United States, &c., and the decision is against the title set up or claimed under the statute by the losing party. If Wynn had no title, of course he could not claim under a law of the United States, and cannot come here under the 25th section of the judiciary act of 1789, merely to draw in question the decree which dismissed his bill.

To this effect are the cases of Owings v. Norwood's lessee, (5 Cra. 344;) Henderson v. Tennessee, (10 How., 311.)

Wynn sets up a pretension of claim to the land in dispute through the State of Arkansas, which State was authorized to locate 500,000 acres of land by acts of Congress passed in 1841 and 1842; and the complainant insists that he had made a contract with the State, through her locating agent, Charles E. Moore, who was acting under instructions from the Governor of said State, to the effect that he, the complainant, should be allowed to purchase the land from the State at two dollars per acre. But the State did not locate this quarter section, nor had it an interest in it at any time; so that the title was outstanding in the United States till Keziah Taylor made her entry.

The complainant, Wynn, having no interest in the land but a naked possession, not protected by an act of Congress, we order that his writ error be dismissed for want of jurisdiction.

title: Wynn v. Morris/Opinion of the Court


text: Talk:Wynn v. Morris/Opinion of the Court


text:
Garland v. Wynn

THIS case was brought up from the Supreme Court of Arkansas, by writ of error issued under the 25th section of the judiciary act.

It was submitted on printed arguments, by Mr. Bradley and Mr. Watkins for the plaintiff in error, and by Mr. Pike for the defendant in error.

The controversy referred to the northeast quarter of section 18, in township 16 south, range 25 west of the fifth principal meridian, south of Red river, in the county of Lafayette.

The facts of the case are stated in the opinion of the court.

The bill was filed by Wynn, who alleged that he would have got a patent but for Garland's proving a pre-emption right in the land, under the act of 1830, to exist in Hemphill. After various proceedings, the Circuit Court (State court) decreed against Wynn. The Supreme Court of the State reversed this decree, and ordered Garland to convey the land in question to Wynn, upon payment of two hundred dollars, with interest; or in case of neglect, that the decree should stand as a conveyance, &c.

From this decree, Garland appealed to this court.

The principal points of law involved in the argument were: 1st, whether or not Wynn could interpose between the United States and the patentee; and, 2d, whether the decision of the officers of the land office was not conclusive upon all person except the United States, and upon them also until the patent was vacated by regular judicial authority.

Mr. Justice CATRON delivered the opinion of the court.

title: Garland v. Wynn


text: Talk:Garland v. Wynn

title: Talk:Garland v. Wynn


text:
Garland v. Wynn/Opinion of the Court

In November, 1842, William Wynn (the complainant below) proved that he had a preference of entry to the quarter section of land in dispute, according to the act of 1838, and his entry was allowed.

In February, 1843, Samuel Hemphill made proof that he had a right of pre-emption to the same land, under the act of May 26th, 1830. The two claims coming in conflict, it was decided by the register and receiver at the local land office, that Hemphill had the earlier and better right to enter the land; and in this decision the Commissioner of the General Land Office concurred.

Wynn's entry being the oldest, it was set aside, his purchase-money refunded, and a patent certificate was awarded to Samuel Hemphill, who assigned it to Garland, the plaintiff in error, to whom the patent issued. The benefit of the patent was decreed to Wynn by the Supreme Court of Arkansas; to reverse which decree, Garland prosecutes his writ of error out of this court.

It appears, from the allegations and evidence, that Garland procured the proofs, and was in fact the principal in obtaining a preference of entry in the name of Hemphill, and in causing Wynn's elder entry to be vacated; that the whole proceeding, on the part of Garland and Hemphill, was a mere imposition on the officers administering the public lands; that Hemphill never had any improvement on the northeast quarter of section 18, but that his improvement was on the northwest quarter of section 17, which adjoins the quarter section in controversy; and that Garland induced the witnesses, who made the proof before the register and receiver to establish Hemphill's preference of entry, to confound the quarter sections and their dividing lines, and misrepresented the extent of the cleared and occupied by Hemphill in 1829 and 1830; so that the witnesses ignorantly swore that the improvement and cultivation were in part on the northeast quarter of section 18, which was wholly untrue; and by which false swearing Wynn's entry was set aside, and Garland obtained a patent of the land.

Garland insists, by an amended answer in the nature of a distinct plea, that, by the law of the land, the Circuit Court had no authority or jurisdiction to set aside or correct the decision of the register and receiver; and that their adjudication and judgment in granting and allowing the pre-emption rights to and in the name of Samuel Hemphill was final and conclusive, and cannot be inquired into, or in any manner questioned, modified, or set aside.

This matter was put in issue; and the court below, when it decreed for the complainant, necessarily decided against the bar to relief set up and claimed under an authority of the United States.

The question is, have the courts of justice power to examine a contested claim to a right of entry under the pre-emption laws, and to overrule the decision of the register and receiver, confirmed by the Commissioner, in a case where they have been imposed upon by ex parte affidavits, and the patent has been obtained by one having no interest secured to him in virtue of the pre-emption laws, to the destruction of another's right, who had a prefence of entry, which he preferred and exerted in due form, but which right was defeated by false swearing and fraudulent contrivance brought about by him to whom the patent was awarded?

The general rule is, that where several parties set up conflicting claims to property, with which a special tribunal may deal, as between one party and the Government, regardless of the rights of others, the latter may come into the ordinary courts of justice, and litigate the conflicting claims. Such was the case of Comegys v. Vasse, (1 Peters, 212,) and the case before us belongs to the same class of ex parte proceedings; nor do the regulations of the Commissioner of the General Land Office, hwereby a party may be heard to prove his better claim to enter, oust the jurisdiction of the courts of justice. We announce this to be the settled doctrine of this court.

It was, in effect, so held in the case of Lytle v. The State of Arkansas, (9 How., 328;) next, in the case of Cunningham v. Ashley, (14 How.;) and again in the case of Bernard v. Ashley, (18 How., 44.)

It is ordered that the decree of the Supreme Court of Arkansas be in all things affirmed.

title: Garland v. Wynn/Opinion of the Court


text: Talk:Garland v. Wynn/Opinion of the Court