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United States v. Hart/Opinion of the Court

The Supreme Court in reversing the judgment below, held, that the act in question did not extend to, or embrace proceedings under the act of 17th of July, 1862, providing for confiscation of the property of persons engaged in, or aiding and abetting the rebellion, of the correctness of which decision we can entertain no doubt.

If the District Court below could have, under any circumstances, jurisdiction of the case, according to the practice as settled in the cases of the Union Insurance Company v. United States, Armstrong's Foundry and the St. Louis Street Foundry, #fn-s-s decided at the present term, as it has been tried on the admiralty side of the court, the proper disposition of it would be to reverse the decree, and remand the cause to the court below, with directions to enter a decree remitting it to the District Court that it might be tried on the common law side with a jury, the seizure having been made on land, and not on waters navigable from the sea. But, as the Supe me Court of the Territory has reversed the decree of confiscation for the want of jurisdiction, in the correctness of which judgment we concur, the proper disposition of it will be to AFFIRM THE DECREE, as this reaches directly the right conclusion in the case.

NOTE. Like decrees were made in the similar cases of United States v. Crosby, and United States v. Gillet, as governed by this one.


text: Talk:United States v. Hart/Opinion of the Court

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


text:
Cavazos v. Trevino

ERROR to the District Court for the Eastern District of Texas; the case being thus:

In 1776, Salvador de la Garza 'denounced,' that is to say, made application to the authorities of New Spain for a tract of land north of the Rio Grande, in the now State of Texas, called sometimes the 'Agostadero,' and sometimes the 'Potrero' of the Espiritu Santo. The lands asked for were described as bounded 'on the east with the lagunes (lagunas) of the sea; on the west by a thick wood; on the south by the margins of the Rio Grande, and on the north by a ravine which comes out of the sea.' In June, 1779, the proper officer proceeded to take testimony as to the possession had of the land by Salvador, and of its boundaries and character. There were five witnesses. They stated that the 'potrero' asked for had as its boundaries and outlines (linderos), the Arroyo Colorado, the lagunes, the Rio Grande, and a thicket-wood; three witnesses saying, 'the lagunes;' one saying, 'the lagunes of the sea;' and one, 'the lagunes immediately communicating with the sea.' The possession of the applicant being satisfactory to the judge, that officer proceeded, in company with Salvador, to make an actual survey. The surveyor's record of this operation first describes the nature of the ground as fit only for grazing, on account of the many marshes made by the tides of the sea, and freshets of the Rio Grande and Colorado; that Diagram.

it had in many places a sort of grass which animals would not eat, 'which usually grows on salt marshes near the coast of the sea;' on which account (with others set forth), 'it is only useful as regards horses and all other stock, by the security which and protection which is afforded, on account of the potrero having but one entrance and exit through the dense thicket which runs across it fro the Colorado to the Rio Grande.'

The record then states that the survey begins at a watering-place for cattle, on the Rio Grande, in the southwest corner of the tract, and that the first line ranged from it, course east, going in a straight line from it, 'along the banks of Rio Grande, down the stream,' 584 cords, at the river, at a slough (derrame), from it, by which in its freshets it supplies a tank with water, 'which was left lay above; bore up stream at a distance of six cords, which slough was left as a natural landmark,' and a monument fixed; there remaining-the record said on this line, to the south, recesses and elbows formed by the Rio Grande, which 'the surveyor would notice hereafter.' This was one day's work.

The second day's record of the surveyor's action was thus:

'In the said place of the slough of the river in which ended the first line, he ran the second line straight to the north, and at 206 cords we came to the head of one of the lagunes of the sea, besides others that were seen to the east, and having gone round the head of this first one and various others which succeeded, communicating with each other, following always the north course, the surveying cord came to a little pocket or meadow which the said lagunes make, these laying on the west and east until they reach 'Lagunas Madres,' which are formed by the Arroyo Colorado, and into which its waters empty, there being far within this line (something more than a league), a place improved. . .; and there being no more land on account of our having reached the said Lagunas Madres, and having nothing before us but water, the second line amounted to 993 cords in the whole.'The third day recorded that in the place on the Colorado where it expands into the broad lagunes (Lagunes Madres), the surveyor began the third line, running up the stream, course west, &c., 584 cords, the same number with the line on the Rio Grande; a part of the line, owing to impassable ravines, thicket, &c., described, being conjectural.

A fourth line, in part conjectural, to the watering-place, closed the survey.

The surveyor, nothing that he had estimated the elbows made between the first line and the Rio Grande, declared that 'within the four said lines were contained 59 square leagues (sitios de ganadas mayor) and 11 1/2 caballerias of land.'

After the survey was completed, the attorney of the treasury advised the granting of the '59 sitios de ganadas mayor and eleven and a half caballerias of the Potrero Espiritu Santo, under the natural outlines which the surveys state,' and a grant itself was made to Salvador in due time afterwards (September 26th, 1781), of the same quantity of land, described in the same words, 'within the limits of the colony of New Santander, and not exceeding its natural boundaries.'

Salvador took possession, and lived on the tract till 1802. In that year he died, leaving three children, to whom his estate went, as it seemed, equally, and to the rights of one of whom, Cavazos, the present plaintiff, succeeded.

Salvador appeared to have had different ranches on this tract, and to have exercised more or less possession over various parts of it.

In 1829 one Trevino, who, as it was said, truly or not so, had been but an agent of some of the children or grandchildren of Salvador, joining himself with some other parties, occupants of the soil, and, as was attempted to be proved, co-owners with the plaintiff of the undivided whole, applied to the state authorities of Tamaulipas and got grants for the parts which lie east of the line marked on the map as the surveyor's line; tracts designated as San Martin, Sta. Isabel, and Buena Vista. Cavazos, who, as already said, had succeeded to the rights of one of Salvador's three children, now brought trespass to try title to the third of a part east of the line and to recover possession, the question in cot roversy being the eastern boundary of the tract; and this, perhaps, being complicated by the fact that there was on most of the eastern side of the tract a long body of water, called the Laguna Madre, made by a long narrow island, running outside the shore (a place likened by counsel somewhat to Long Island Sound), and also numerous smaller lagunas, running into the coast. Whether the land ran to the shore, which brought it to the Laguna Madre, and in one sense to the sea-shore, and in one, to the laguna of the sea, or only to the little lagunas, which might in one sense be called the lagunes of the sea, and in another but lagunes of the sound or Laguna Madre, this was a question. One part of the strip-a part between the mouth of the Rio Grande and the Boca Chica-was on the sea; no lagune running beside it.

The plaintiff adduced witnesses to show occupancy by Salvador with more or less specific assertion of title over every part of the tract; that by the term 'potrero' was meant a place so inclosed by natural boundaries as that cattle put there to graze could not easily get out of it; that the tract derived its chief advantage to Salvador from its thus being a potrero; that it could only be so by coming to the water's edge along its whole eastern line; that it was not customary in early Spanish surveys to meander along either rivers or curved shores, but to make elbows and estimate; that if the surveyor had gone to the mouth of the Rio Grande and then north, he would have run into the sea; and that if he had meant to run the eastern line in a convenient way, and to survey by running base lines by cardinal points, the land inclosed by the thicket, the Rio Grande, the lagunes, and the Colorado, he would have run the lines much as he did; and finally, to show that according to general reputation the property of Salvador was a potrero, a place for grazing inclosed by four natural boundaries. As matter of argument he relied on the principle of law that parties are never presumed to leave a narrow strip between land and water merely because certain stakes or trees stand at a slight distance from the river.

The evidence of the defendants was to prove long adverse possession on their part up to the surveyor's line; that the term 'potrero' did not mean so absolutely as was asserted an inclosure for feeding cattle; that whatever Salvador had asked for or desired, this was controlled by the survey actually made and the monuments fixed; that it was impossible to regard as unmeaning the fact, that the surveyor had made no reference to such monuments as the mouth of the Rio Grande and the shore of the Gulf of Mexico.

In the course of the trial the plaintiff excepted to the admission and to the exclusion of various testimony, and on its conclusion to instructions given and to those refused by the court. All these, and what is further necessary to be known of the case, are stated by the learned justice who gave the opinion of the court.

Messrs. Hale and Robinson, for the plaintiff in error; Messrs. Sherwood and R. Hughes, contra.

Mr. Justice SWAYNE delivered the opinion of the court.

title: Cavazos v. Trevino


text: Talk:Cavazos v. Trevino

title: Talk:Cavazos v. Trevino


text:
Cavazos v. Trevino/Opinion of the Court

The plaintiff in error brought an action of trespass in the court below to try the title to the real estate in controversy between the parties, and to recover possession. There were numerous defendants. The suit was dismissed, or judgment by default rendered as to all of them but the two who are before us as defendants in error.

The plaintiff sought to recover an undivided third of the premises, which are claimed to be a part of the tract known as the Agostodero, 'and the potrero of the Espiritu Santo grant,' situated between the Arroyo Colorado on the north, the Rio Grande on the south, and extending from a thick wood on the west to the lagunes of the sea on the east. The real controversy between the parties was as to the locality of the eastern boundary line of this tract.

The land in controversy lies between that boundary as clam ed by the defendants in error, and the sea and lagunes communicating with the sea.

The plaintiff deraigned title by a grant from the authorities of New Spain, of the 26th of September, 1781, to Jose Salvador De la Garza, containing fifty-nine leagues and eleven and a half cabellerias of land.

The defendants claimed under a grant made by the authorities of the State of Tamaulipas, by a title of possession issued to Ignaceo Trevino, on the 26th of February, 1829, and confirmed by a final title issued by the governor on the 29th of May, in the same year. The defendants insisted that the western boundary of the land embraced in this grant was the same as the eastern boundary of the tract granted to De la Garza, as they alleged that boundary to be, while, according to the plaintiff's claim, all the land granted to Trevino was included in the prior grant to De la Garza.

The court instructed the jury substantially:

(1) That the question in controversy was the true eastern boundary of the Espiritu Santo tract, and that it was a question of fact to be determined by the jury upon the evidence before them.

(2) That it was their duty to consider all the testimony bearing upon the subject.

(3) That if those claiming under the Espiritu Santo grant had never been in possession east of the line claimed by the defendants-had acquiesced in that line, and set up no claim inconsistent with it, until within a comparatively recent period those facts were proper to be considered by the jury.

At the request of the defendants, the court further charged—

(4) That the grant itself shows that a corner was established at the derrame or slough, 548 cords from the beginning corner, whence a line was run north by the tanque mentioned in the grant to a pocket or small potrero on the Laguna Madre, where another corner was established, and that this was to be considered the east boundary, unless another one was established by the evidence.

(5) That if Trevino and those claiming under him had held adverse possession up to the line run for the western boundary of the San Martin grant to the time of the commencement of the action-being a period of ten years or more-in good faith under a just title, then the jury should find for the defendants.

(6) That if Trevino and those claiming under him had held adverse possession of the land in controversy for twenty years and more, before the commencement of the suit, then the jury might presume a valid grant giving title to the land claimed.

(7) That if the jury find there never was any contest before the commencement of this suit between the owners of the Espiritu Santo grant and Trevino-except as to boundary-being a dispute whether the true line was that run in 1781, or that of 1828 run for the western boundary of the San Martin grant-and that Trevino and those claiming under him had possession up to 1828, adversely to those claiming the adjoining land in the Espiritu Santo grant, and up to the commencement of the suit, the jury may presume that the land within the line of 1828 belongs to the San Martin grant.

To all these instructions the plaintiff's counsel excepted.

The plaintiff's counsel then asked the court to instruct the jury—

(1) That if they find that the Espiritu Santo grant included the land in controversy, then no adverse possession, subsequent to that grant, can authorize the presumption of another and an adverse grant.

The court refused to give this instruction, and an exception was taken.

The plaintiff's counsel thereupon asked the court further to instruct the jury—

(2) That a party in possession under an undivided grant of a tract of land, and claiming the whole under a paramount title, is in possession of the whole, and is not affected by an adverse possession of a part, claimed and held under an inferior title or without title, and that the person holding under such inferior title can have no protection from the statutes of limitation or by prescription.

This instruction was givn, but at the request of the counsel for the defendants, it was modified as follows:

(3) That if Trevino and those claiming under him had exclusive possession for twenty years or more, east of the boundary line in dispute, then a grant may be presumed to him, though the Espiritu Santo grant is the elder one, and there has been possession under it west of that line.

To this modified instruction the plaintiff excepted.

The jury found for the defendants, and found further, 'that the eastern boundary line of the Espiritu Santo grant of 1781, is a line commencing at the mouth of the derrame of the tanque on the Rio Grande, and thence running north to the pocket described in said grant.'

The plaintiff thereupon moved for judgment, non obstante veredicto, for so much of the premises in controversy as lies east of the line established by the verdict, and west of the line of 1828, being a gore, containing, according to the testimony of one of the witnesses, about nine leagues of land. The court overruled the motion and the plaintiff excepted.

Exceptions were also taken by the plaintiff to the admission and to the exclusion of testimony, which will be stated specifically when we come to consider them.

It is insisted by the plaintiff in error, that the court erred in construing the documentary evidence relating to the eastern boundary of the Espiritu Santo grant, and that it adopted the theory of the defendants. We do not so understand the charge as to the latter point. It is somewhat confused both in thought and language, but its general effect is clear. It left the question to the jury, to be determined according to the evidence, without any controlling instructions upon the subject. They might consistently with the charge have found the line claimed by either party to be the true one. If any error was committed by the court against the plaintiff, it was in not recognizing, as matter of law, the line insisted upon by her, instead of submitting the question to the jury.

Did the court err in withholding this recognition in the charge? The denunciation, and the identification of the line by the witnesses, describe it as bounded on the coast by the lagunes of the sea. The most important testimony is the survey, the facts attending it, and the subsequent links in the chain of title. The survey was made with great care and formality. It commenced at a watering-place on the Rio Grande, in the southwest corner of the tract. The first line was run 584 cords down the river to a slough, near a tanque, which was filled from the river during high water. This slough was designated 'a natural landmark,' and the denunciant was ordered to place there an artificial monument. From this point, the next day, the second line was run due north. At the end of 206 cords the surveyor came to the head of one of the 'lagunes of the sea'-others were seen to the east. Having gone round the first and others that succeeded, following always the north course, the line reached a little pocket or meadow made by the lagunes. They were found to extend to the lagunes madres which were formed by the Arroyo Colorado. Having reached the lagunes madres, and there being nothing before them but water, the surveyor there terminated the line of that day, which was found to be 993 cords in the whole, in length. 'The bend or little pocket before mentioned,' it is said, 'remained as a natural landmark.' An artificial one was also placed there. Owing to natural obstacles, the other two boundary lines were designated without actually running them. The last one terminated at the beginning corner. According to the rule of the Spanish law, where a survey is intended to bound on a stream, a straight line was run from the beginning point to its termination at the slough, and the quantity of land in the bends of the river was ascertained by computation without actual measurement. The slough was about five leagues from the mouth of the river. If it were intended that the eastern boundary should be the shore of the sea, and of the lg unes connected with it, why was the first line terminated at the slough, and why was a line run due north from there? Why was not the first line extended to the mouth of the river, or to a point nearer to it, and a line run thence to the north. The lagunes of the sea, and not the shore of the sea, is called for as the boundary on that side. The proof shows that those lagunes could form such a boundary only in part. There is no controversy that the Rio Grande is the south boundary. The proof shows also, that from the mouth of that river north it is several miles to the Boca Chica, which is the first lagune found there. For the intervening distance the shore of the sea, and not lagunes of the sea, must be the boundary according to the claim of the plaintiff in error. There is nothing which shows that the land lying between the east line as run, and the shore of the sea, and of the lagunes communicating with the sea, was included in the computation, or that the grantee had not his full quantity without it.

The attorney of the treasury advised the granting of the '59 sitios de ganadas mayor, and eleven and a half caballerias of the Potrero Espiritu Santo, under the natural outlines which the surveys state.'

The grant itself was of the same quantity of land, specified in the same terms, 'within the limits of the colony of New Santander, and not exceeding its natural boundaries.'

In construing this grant, the attendant and surrounding circumstances, at the time it was made, are competent evidence for the purpose of placing the court in the same situation, and giving it the same advantages for construing the paper, which were possessed by the actors themselves. The object and effect of such evidence are not to contradict or vary the terms of the instrument, but to enable the court to arrive at the proper conclusion as to its meaning and the understanding and intention of the parties. Viewing the subject in this light, we cannot say that the legal effect of the grant is to carry the eastern boundary of the grant to the line contended for by the plaintiff in error. Whether of itself it fixes that boundary, as is insisted by the defendants in error, is a question which in this case it is not necessary to determine. It is enough to say that the instructions on the subject given to the jury were as favorable to the plaintiff as she was entitled to ask. If there was an error, it was not against her. There is nothing of which she has a right to complain. The quantity of land specified, as well as the boundaries named, and the survey as made, is to be considered. It is by their united light that the proper conclusion is to be reached. Together, we think, they leave little room for doubt as to the intention and effect of the grant.

The finding of the jury that the line surveyed was the east line of the Espiritu Santo grant, renders what was said by the court as to adverse possession and the presumption of a grant immaterial in the case. Right or wrong, those instructions could have done the plaintiff no injury, and, therefore, constitute no ground for disturbing the verdict and judgment.

The instruction given as to the acquiescence of the parties in respect to the line run for a long period, was correct. The practical interpretation which the parties, by their conduct, have given to a written instrument in cases like this, is always admitted, and is entitled to weight. There is no better test of the intention of the instrument. None are less likely to be mistaken. There is no danger of too large an admission. Safer testimony can hardly be presented in relation to any transaction occurring in human affairs.

The motion for a judgment non obstante veredicto assumed as correct a construction of the grant, the opposite of the views we have expressed. We think it was properly overruled.

Upon the trial the defendants offered in evidence a copy of the record of the original proceedings relating to the Santa Isabel, San Martin, and Buena Vista grants, in surveying which it became necessar to ascertain and fix the east line of the Espiritu Santo grant. The plaintiffs objected to the admission of this testimony, upon the ground, that at the time of the recordation of the documents there was no law which authorized them to be recorded. This objection was overruled, and the plaintiff excepted. The defendants then proved the genuineness of the signature of Domingo De la Garza, and that he was alcalde of Matamoras in 1829. They also proved the signatures of the assisting witnesses, and that they were dead.

The plaintiff then objected to the admission of the testimony, upon the further grounds that the document did not appear to be the first copy or testimony issued to the interested party; that it was not proved to be a true or compared copy of the original protocol, and because it did not appear that the original protocol was duly signed by the proper officer. These objections were also overruled, and the plaintiff excepted.

The questions thus presented are to be decided by the light of the statutory provisions of the State of Texas which bear upon the subject. We have carefully examined those to which our attention has been called. They are found in Arts. 745, 2754, 2758, 2787, 2800, in Hartley's Digest. The result is, that we are satisfied that the testimony was properly admitted. It could serve no useful purpose, and would greatly extend this opinion, to go into a full examination of the subject. We deem it sufficient to announce the conclusion at which we have arrived.

The defendants next offered in evidence a copy, proved to be correct, from a paper on file in the archives of the city of Mexico, purporting to be a conveyance from Maria Francesco Cavazos to Miguel Paredes. The plaintiff objected to its admission, because it did not appear that Francesco Cavazos had ever executed the instrument, or authorized the instrument to be executed for her. We do not deem it necessary to examine the subject in the light of the Spanish law, to which our attention has been called. As the case was before the jury when the evidence was closed, we think it was entirely immaterial. Its admission or rejection could not change the result. If improperly admitted-a point which we do not find it necessary to consider-it did the plaintiff no injury, and, therefore, constitutes no reason for reversing the judgment. The power of attorney made by Prieto to Trevino, the will made by Trevino under that authority, and the conveyance by Prieto to De la Garza, offered in evidence by the plaintiff, and excluded by the court, were clearly irrelevant and incompetent. The ruling of the court was correct.

The same remarks apply to the proceedings before the Supreme Court of Tamaulipas, also offered in evidence by the plaintiff. They were properly excluded by the court. The title-papers relating to the grant to Trevino were again objected to by the plaintiff upon the grounds: (1) That the land which appeared to have been granted by the authorities of Tamaulipas was within three littoral leagues of the coast of the Gulf of Mexico, and that the approbation or consent of the general executive of Mexico was not shown. (2) That the grant appeared on its face to be for more than 125,000 square varas. (3) That it appeared in the proceedings, that a controversy had arisen during the survey as to the ownership of the land affected thereby, and that it had not been settled in the usual and proper manner, but by the exercise of authority assumed by the executive officers, contrary to the colonization laws of Mexico and Tamaulipas. The court sustained the first objection, and the documents were excluded as showing a valid grant of land, but were allowed to be read in evidence to show boundary and possession. To this qualified admission of the testimony no exception appears in the record. We need not, therefore, consider the learned and elaborate argument submitted by the counsel for the defendants in error to show that the documents were admissible for all purposes, and that the objections of the plaintiff in r ror to their admission are untenable.

These are all the exceptions to which our attention has been called.

JUDGMENT IS AFFIRMED.

title: Cavazos v. Trevino/Opinion of the Court


text: Talk:Cavazos v. Trevino/Opinion of the Court


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Strong v. United States (73 U.S. 788)

ERROR to the District Court for the Northern District of Florida.

Messrs. N. Wilson and E. M. Stanton, for the plaintiff in error; Mr. Stanbery, Attorney-General, and Mr. Ashton, special counsel for the United States, contra.

Mr. Justice CLIFFORD stated the case, and delivered the opinion of the court.

title: Strong v. United States (73 U.S. 788)


text: Talk:Strong v. United States (73 U.S. 788)


text:
Strong v. United States (73 U.S. 788)/Opinion of the Court

Examination of the exceptions to the instructions of the court will first be made, as they give rise to the principal questions presented for decision.

Exception was taken by the defendant to that part of the charge of the court in which the jury were told that the Navy Department, in requiring the principal in the bond to perform duties as purser which would have been performed by a navy agent, if there had been such an officer at that navy yard, did not constitute him a navy agent, and that the department in so doing did not require of him the performance of duties, against defaults in which his sureties had not undertaken to protect the government.

I. Argument is hardly necessary to show that the principal in the bond was not thereby constituted a navy agent, as it is clear that navy agents cannot be appointed in any other mode than that prescribed in the act of Congress providing for their appointment. Authority to appoint navy agents is derived from the third section of the act of the third of March, 1809, which provides that 'no other permanent agents' than those previously mentioned in the section 'shall be appointed, either for the purpose of making contracts, or for the purchase of supplies, or for the disbursement, in any other manner, of moneys for the use of the military establishment or of the navy of the United States, but such as shall be appointed by the President with the advice and consent of the Senate.'

Prior to that time persons had been appointed, as occasion required, to act as navy agents, by the head of the department, but no such office had been created or was recognized by any act of Congress. Since that enactment navy agents have uniformly been appointed by the President by and with the advice and consent of the Senate, and it is as obvious as anything can be that they cannot be appointed in any other way.

Such an appointment by the President, in this case, is not pretended; and it is equally clear that the evidence in the record disproves the theory that the head of the department ever intended, or attempted to confer, any such authority. On the contrary, the record proves that all the moneys in the hands of the principal in the bond were moneys remitted to him as purser, as is fully shown both by his requisitions and the treasury warrants issued by the proper officer of the treasury department.

Pursuant to the requirements of law, he twice gave bond for the faithful discharge of his official duties, and the declaration in the suit was founded upon those bonds, in both of which the defendant was a surety. Alleged breach of the condition of the respective bonds is, that he failed to disburse and apply large sums of money remitted to him as purser for the use and benefit of the plaintiffs, as he, in his official character, was by law bound to do; and that he had neglected and refused to pay the balance, not so disbursed and applied, into the Treasury of the United States as public money. Verdict and judgment were for the plaintiffs, and the defendant sued out this writ of error.

II. Second objection to the charge of the court is, that the court erred in giving the instruction that the defendant, as surety, was liable for the defaults of the principal in failing to disburse or account for the moneys remitted to him as purser, notwithstandingh e, the principal, had been required by the department to perform duties which would have been performed by a navy agent, if there had been one stationed at that navy yard.

Certified transcripts of the accounts of the delinquent purser, as adjusted by the accounting officers of the treasury, were introduced in evidence at the trial. They showed that the balance due to the plaintiffs, together with the interest since accrued, was the amount as found by the jury in their verdict, and that all the moneys charged in the accounts were moneys remitted to the principal in the bonds during the periods covered by the bonds, as alleged in the declaration.

Subsequent to the settlement of the accounts of the principal, he was duly requested to pay the balance, as thus ascertained, into the treasury, and the record shows that he neglected and refused to comply with that request. Witnesses were examined at the trial, and the parol proofs showed that he, the principal, was stationed at that navy yard, on the fifteenth day of April, 1850, and that for the period of nine months next ensuing there was no navy agent at that navy yard, and that he, in his character of purser, made disbursements of moneys remitted to him as purser, which would have been made by a navy agent if there had been such an officer at that naval station. All such disbursements, however, were included in his accounts, as rendered to the department, and as settled by the accounting officers of the treasury, and the transcripts show that they were rendered and settled under the same heads as the disbursements made by him in the usual and strict course of his duty as purser, and it does not appear that he ever sustained any loss in making such disbursements, or that any just and legal credits claimed by him in that behalf have been rejected or disallowed.

Complaint of the defendant is not that the moneys disbursed and applied by his principal for the use and benefit of the plaintiffs have not been fully allowed in the adjustment of his accounts, but that the court erred in giving the instruction that he, the defendant, as surety, was legally liable for the balance of the moneys remitted to his principal, as purser, and which he, the purser, never disbursed or applied in any way for the use and benefit of the plaintiffs, and which he neglects and refuses to pay into the treasury.

Stripped of all circumlocution, the defence is, that the surety is not liable for the default of the principal, because some portion of the moneys remitted to the latter would have been remitted to the navy agent, if some person holding the office of navy agent had been stationed at that navy yard. No person holding that office was stationed there, and all the moneys in question were remitted to the principal in these bonds, as purser, and the record shows that he has never disbursed the amount claimed for the use and benefit of the plaintiffs, or paid it into the treasury as adjusted.

Pursers, under the act of the twenty-seventh of March, 1794, were warrant officers, but by the act of the thirtieth of March, 1812, they were required to be appointed by the President, by and with the advice and consent of the Senate, and the provision was that every purser before entering upon the duties of his office, shall give bond, with two or more sufficient sureties, conditioned faithfully to perform all the duties of purser in the navy of the United States.

Fixed salaries were prescribed for pursers in the navy by the act of the twenty-sixth of August, 1842, and the act provides that they shall not procure stores or supplies on their own account and dispose of the same to the officers and crews of the public ships for their own benefit. Although pursers are forbidden to procure such stores or supplies on their own account, still the same section provides that all purchases of clothing, groceries, stores, and supplies of every description for the use of the navy, as well for vessels in commission as for yards and stations, shall be made with and out of the public moneys appropriated for the support of the navy, under such directions and regulations as may be made by the executive for that purpose. Such disbursements the department, under the authority of that provision, might undoubtedly direct to be made by the navy agent at navy yards where there was such an officer stationed, or by the purser assigned to that station; or the head of the department might direct the purchases to be made partly by one and partly by the other of those officers.

Terms of the provision forbidding the employment of temporary agents for the purpose of making contracts, or for the purchase of supplies, fully justify the conclusion that pursers may be employed for those purposes, or for the disbursement in any other manner of moneys for the use of the navy of the United States.

Paymasters of the army and pursers of the navy, as well as 'the other officers already authorized by law,' are excepted from the prohibition; and the clear implication from the language employed is that pursers in the navy, if so directed by the head of the department, were, under that provision, as fully competent to make contracts, purchase stores and supplies, or disburse moneys for the use of the navy, as paymasters of the army or other officers authorized by law are for the army or other branches of the public service. Usage has sanctioned that construction of the provision, and the practice has been found to be so convenient that navy agents are now seldom or never employed. Allusion is not here made to purveyors of public supplies, or to military agents, because those offices have been abolished, as will be seen by reference to subsequent acts of Congress.

Views of the defendant are that the duties of a purser are entirely different and distinct from those of a navy agent, but he fails to refer to any act of Congress which supports the proposition. Nothing of the kind is pretended, but his theory is, that the navy regulations of 1818, not only prescribe the official duties of pursers and navy agents, but mark the limits of their responsibilities and measure the extent of the obligations incurred by their sureties. Under those regulations pursers might procure clothing, groceries, stores, and supplies for the use of the navy, on their own account, and dispose of the same to the officers and seamen for their own benefit. Abuses grew out of this system, and Congress interfered and gave fixed salaries to pursers, and provided that all such purchases should be made with public money, and on public account, under such directions and regulations as the executive should prescribe for that purpose. Effect of the new law was to repeal the old regulations in relation to pursers, and to authorize new directions and regulations in their place, and the record shows that the old regulations are not applied in that branch of the public service.

Strong doubts are entertained whether the old regulations ever had any such effect as is supposed by the defendant, but if they had, it is clear that the new regulations necessarily superseded their operation in that behalf. Necessary conclusion is that none of the moneys remitted to the purser in this case were remitted for any object or purpose not comprehended within his official duties, and that the instruction of the court under consideration was correct.

III. Next exceptions to be considered are those taken by the defendant to the refusal of the court to instruct the jury as his counsel requested. Prayers refused are in substance as follows: 1. That the second bond was only intended to cover the duties of the principal as purser, and that the defendant was not responsible for any defalcation of the principal as acting navy agent. 2. That the jury must ascertain the balance referable exclusively to receipts and disbursements of the principal as purser. 3. That if the jury find it impossible to determine what portio of the indebtedness of the principal accrued as purser, then their verdict must be for the defendant.

Statement of the record is, that those requests were refused, as tending to mislead the jury, and it is clear that they might also have been refused upon the ground that the theory of fact assumed is contradicted by the record and all the evidence in the case. 1. Defendant was not sued for any defalcation of his principal as navy agent, nor did the plaintiffs introduce any evidence to sustain any such claim. Such an instruction, therefore, as that asked in the first request, was unnecessary and inappropriate, and the request was properly refused. 2. Second request was also properly refused, for the reason given by the court, and also because it erroneously assumed that there was evidence in the case tending to show that the principal disbursed moneys as navy agent as well as purser, which finds no support in the record. 3. Third request was properly refused for the same reason, as it assumed that the evidence raised the question whether some portion of the indebtedness of the principal did not accrue on account of moneys received and disbursed by him, not as purser, but in some other official character, which is a theory entirely without support.

IV. Certain exceptions were also taken by the defendant to the rulings of the court in excluding an official letter written by the fourth auditor to a Senator in Congress in respect to the accounts of the principal, and also to the ruling of the court in excluding a letter written by the chief of the Bureau of Yards and Docks to the commandant of the Pensacola navy yard, and also to the ruling of the court in excluding the private books of the principal, for the purpose of showing that he, the principal, received and disbursed moneys during that period as navy agent, and to contradict his accounts current, in which he charged and credited himself as purser. Our conclusion is, that these several rulings are correct. 1. Unofficial letters of subordinate officers are not admissible in evidence, in controversies like the present, to contradict, nor even to explain the official adjustment of the accounts as shown in the duly certified transcripts; and if not, then it is clear that the letters were properly excluded as immaterial and irrelevant. 2. Disbursing agents are required to settle their receipts and disbursements with the accounting officers of the treasury, and their private books are inadmissible to control that official adjustment.

All of the exceptions are overruled, and the judgment must be

AFFIRMED.


text: Talk:Strong v. United States (73 U.S. 788)/Opinion of the Court


text:
Author:William Harvey

 * William Harvey, 1578-1657, English physician; discoverer of the circulation of blood.
 * William Harvey, 1796–1866, English engraver and illustrator.
 * William Henry Harvey, 1811–1866, Irish psychologist.
 * William Hope Harvey, 1851–1936, American teacher, businessman, author, and politician.

title: Author:William Harvey


text:
Page:Cournot Theory of Wealth (1838).djvu/38

 24 What is really important is to know the laws which govern the variation of values, or, in other words, the theory of wealth. This theory alone can make it possible to prove to what absolute variations are due the relative variations which come into the field of observation; in the same manner (if it is permissible to compare the most exact of sciences with the one nearest its cradle) as the theory of the laws of motion, begun by Galileo and completed by Newton, alone makes it possible to prove to what real and absolute motions are due the relative and apparent motions of the solar system. 10. To sum up, there are only relative values; to seek for others is to fall into a contradiction with the very idea of value in exchange which necessarily implies the idea of a ratio between two terms. But also an accomplished change in this ratio is a relative effect, which can and should be explained by absolute changes in the terms of the ratio. There are no absolute values, but there are movements of absolute rise and fall in values.

Among the possible hypotheses on the absolute changes which produce the observed relative changes, there are some which the general laws of probability indicate as most probable. Only knowledge of the special laws of the matter in question can lead to the substitution of an assured decision for an opinion as to probability.

11. If theory should indicate one article incapable of absolute variation in its value, and should refer to it all others, it would be possible to immediately deduce their absolute variations from their relative variations; but very slight attention is sufficient to prove that such a fixed term


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Page:Cournot Theory of Wealth (1838).djvu/39

 Rh does not exist, although certain articles approach much more nearly than others to the necessary conditions for the existence of such a term.

The monetary metals are among the things which, under ordinary circumstances and provided that too long a period is not considered, only experience slight absolute variations in their value. If it were not so, all transactions would be disturbed, as they are by paper money subject to sudden depreciation.

On the other hand, articles such as wheat, which form the basis of the food supply, are subject to violent disturbances; but, if a sufficient period is considered, these disturbances balance each other, and the average value approaches fixed conditions, perhaps even more closely than the monetary metals. This will not make it impossible for the value so determined to vary, nor prevent it from actually experiencing absolute variations on a still greater scale of time. Here, as in astronomy, it is necessary to recognize secular variations, which are independent of periodic variations.

Even the wages of that lowest grade of labour, which is only considered as a kind of mechanical agent, the element often proposed as the standard of value, is subject like wheat to periodic as well as secular variations; and, if the periodic oscillations of this element have generally been less


text:
Translation:Shulchan Aruch/Orach Chaim/46

Chapter 46: Laws of the morning blessings

סימן מ"ו: דיני ברכת השחר

Paragraph 1 — When one wakes up from his sleep, he should say "My G-d, the soul..." (אלהי נשמה). When one hears the voice of the cockerel, he should recite the blessing: "who gives to the heart/cockerel understanding". When one dresses, he should recite the blessing: "who clothes the naked". When one places his hands upon his eyes, he should recite the blessing: "who makes the blind see". When one sits up, he should recite the blessing: "who releases the bound". When one straightens up, he should recite the blessing: "who straightens the crooked". When one puts his feet on the ground, he should recite the blessing: "who stretches out the land over the water". When one puts on his shoes, he should recite the blessing: "who provides for me all my needs". When one (starts to) walk, he should recite the blessing: "who steadies the footsteps of a man". When one girds himself with a belt, he should recite the blessing: "who girds Israel with might". Rem"a: or when he puts on his trousers which separate his heart from his private parts. When one puts a hat or turban on his head, he recites the blessing: "who crowns Israel with splendour".  When one performs (the morning) hand-washing, he should recite the blessing: "upon washing the hands".  When one washes his face, he should recite the blessing: "who removes sleep from my eyes ... and may it be his will ..." until "Blessed are you, Lord, who performs loving-kindness to his people, Israel".  One should not answer "Amen" after "who removes sleep from my eyes" (rather he should wait) until the conclusion (of the blessing at): "who performs loving-kindness to his people, Israel.", because it is all one blessing.

סעיף א — כשיעור משנתו יאמר אלהי נשמה כשישמע קול התרנגול יברך הנותן לשכוי בינה. כשלובש יברך מלביש ערומים. כשיניח ידיו על עיניו יברך פוקח עורים. כשישב יברך מתיר אסורים. כשזוקף יברך זוקף כפופים. כשיניח רגליו בארץ יברך רוקע הארץ על המים. כשנועל מנעליו יברך שעשה לי כל צרכי. כשהולך יברך המכין מצעדי גבר כשחוגר חגורו יברך אוזר ישראל בגבורה. הגה: ''או לובש האבנט המפסיק בין לבו לערוה (בית יוסף בשם הראב"דף). כשמשים כובע או מצנפת בראשו יברך עוטר ישראל בתפארה. כשיטול ידיו יברך על נטילת ידים. כשירחץ פניו יברך המעביר שינה מעיני וכו'. ויהי רצון וכו' עד ברוך אתה ה' גומל חסדים טובים לעמו ישראל. אין לענות אמן אחר המעביר שינה מעיני עד שיחתום הגומל חסדים טובים לעמו ישראל שהכל ברכה אחת היא:

Paragraph 2 — Nowadays, because our hands are not properly clean and also because ignorant persons do not know (the blessings), the custom is (for the leader) to say them in order at the Synagogue and (the congregation) answers "Amen" and fulfils their obligation.

סעיף ב — עכשיו מפני שאין הידים נקיות וגם מפני עמי ארצות שאינם יודעים אותם נהגו לסדרם בבית הכנסת ועונין אמן אחריהם ויוצאים ידי חובתן:

Paragraph 3 — One is obliged to recite at least 100 blessings every day.

סעיף ג — חייב אדם לברך בכל יום מאה ברכות לפחות:

Paragraph 4 — It is necessary to recite the following (additional) blessings every day: "who has not made me an idol-worshipper", "who has not made me a slave", "who has not made me a woman". Rem"a: Even a convert can made an appropriate blessing but he should not say"who has not made me a Gentile" because he was a Gentile originally. And women say "who has made me according to His will."

סעיף ד — צריך לברך בכל יום שלא עשני עובד כוכבים שלא עשני עבד שלא עשני אשה. הגה: ''ואפילו גר (כותים) היה יכול לברך כך (דברי עצמו) אבל לא יאמר שלא עשני גוי, שהרי היה גוי מתחלה (אבודרהם). והנשים מברכות שעשני כרצונו'':

Paragraph 5 — If one (erroneously) recited: "who straightens the crooked" before "who releases the bound", then he should not recite the latter at all.

סעיף ה — אם קדם וברך זוקף כפופים קודם שברך מתיר אסורים לא יברכנה:

Paragraph 6 — Some have the custom to recite the blessing: "who gives strength to the weary", but their words do not seem (correct). Rem"a: But there is a clear custom among the Ashkenazi Jews to recite it.

סעיף ו — יש נוהגין לברך הנותן ליעף כח ואין דבריהם נראין. הגה: אך המנהג פשוט בבני האשכנזים לאומרה:

Paragraph 7 — Some have the custom to recite other blessings in addition to all of the above, but their practice is erroneous.

סעיף ז — יש נוהגים לברך ברכות אחרות נוספות על אלו וטעות הוא בידם:

Paragraph 8 — With respect to all of the above blessings: if one is not obliged to say any one of them - for example because one did not hear the voice of a cockerel or he has not walked or dressed or girded himself - he should say that blessing without mentioning the name of G-d.
 * Rem"a: Some say that even if he is not (personally) obliged to say them, he should still recite them, because the blessings do not only relate to the individual himself, rather we are reciting blessings which (recognise that) the Holy One Blessed is He has provided for all the needs of the world. That is the proper custom and it should not be changed.

סעיף ח — כל הברכות האלו אם לא נתחייב באחת מהן כגון שלא שמע קול תרנגול או שלא הלך או לא לבש או לא חגר אומר אותה ברכה בלא הזכרת השם.
 * הגה: ויש אומרים דאפילו לא נתחייב בהן מברך אותן דאין הברכה דוקא על עצמו אלא מברכין שהקב"ה ברא צרכי העולם וכן המנהג ואין לשנות (טור ותוספות והרא"ש פרק הרואה והר"ן פרק קמא דפסחים וכל בו):

Paragraph 9 — One should not recite scriptural verses before reciting the blessing(s) of the Torah, even though he might be reciting (the verses) by way of supplication. Some say that we should not be concerned about this, if the verses are recited by way of supplication, but it is better to be careful and rely on the former opinion.
 * Rem"a: But our custom is according to the latter opinion. So, on the days of selichot, we recite selichot and only afterwards do we recite the blessings of the Torah in the normal position with the other morning blessings.  And similarly, every day when we enter the synagogue, we say some verses and some supplications and only afterwards do we recite the blessings of the Torah. And furthermore, we have the custom to place the reciting of the blessing(s) of the Torah immediately after "who has formed" (אשר יצר) and this should not be changed.  Also, it is good practice in the early morning to say "Blessed is the Glorious Name of His Kingdom Forever" after saying "Hear, O Israel" ("Shema") because sometimes his formal recitation of the Shema may be delayed beyond its proper time, and so one would fulfill his obligation by this (earlier recitation)

סעיף ט — לא יקרא פסוקים קודם ברכת התורה אף על פי שהוא אומרם דרך תחנונים ויש אומרים שאין לחוש כיון שאינו אומרם אלא דרך תחנונים ונכון לחוש לסברא ראשונה.
 * הגה: אבל המנהג כסברא אחרונה שהרי בימי הסליחות מתפללים הסליחות ואחר כך מברכין על התורה עם סדר שאר הברכות וכן בכל יום כשנכנסין לבית הכנסת אומרים כמה פסוקים ותחנונים ואחר כך מברכין על התורה ונהגו לסדר ברכת התורה מיד אחר ברכת אשר יצר ואין לשנות (כן משמע בתוספות ומרדכי פרק קמא דברכות). וטוב לומר בשחרית אחר שמע ישראל וגו' ברוך שם כבוד מלכותו לעולם ועד, כי לפעמים שוהין עם קריאת שמע לקרותה שלא בזמנה ויוצא בזה (טור):

 * }


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Page:The prophetic books of William Blake, Milton.djvu/78

54


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Page:The prophetic books of William Blake, Milton.djvu/79

55


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text: 1911 Encyclopædia Britannica/Dirschau

title: 1911 Encyclopædia Britannica/Dirschau


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Page:Folklore1919.djvu/486

 would not yield to his solvent—the productive power of the Sun. The sports might be said to be the dutiful act of a loving foster-son to keep Tailltiu’s “grave and remembrance green,” but, when we examine the legends further, they clearly refer rather to reproduction than to death. The Lugnasad or Comarc Loga, in Cormac’s Glossary, are “the nasad, or feast, of Lug mac Ethne,” celebrated at the beginning of autumn; thus it is a harvest festival, when the sun was in his greatest vigour, not a “lamentation” for “the fall of the over-ripe year,” as at Samhain, or Nov. 1st. The glossarist adds that the Óenach “was held with contests and races of swift horses.” Oengus of the Brug, like his father, Eochaid “the Great Father,” was called “the Dagda,” and some said the Dagda was Lug’s father. Lug Scimaig was identical with the sun god, and perhaps “the Dagda” for “Sin maig was Bruig maig, i.e. Brug mac ind oc (the Dagda’s abode) on the Boyne.” Oengus, after the so-called “first battle of Magh Tured,” made the Lugnasad feast for the marriage of Lug to (the kingdom of) Eríu, when Lug was made king after Nuada. One may recall the cryptic allusion in a Gaulish tablet found at Alesia, —“May the marriage (?) rejoice the

title: Page:Folklore1919.djvu/486


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Page:The Dictionary of Australasian Biography.djvu/62

 13th, 1860, to July 9th, 1867, when he resigned. He was returned for Encounter Bay on April 16th, 1868, but retired at the dissolution on March 2nd, 1870. He was elected for Victoria on Aug. 24th, 1871, and at the dissolution in Nov. 1871 unsuccessfully contested Encounter Bay. He visited England and the continent of Europe from 1873 to 1875. On his brother, Hon. (now Sir), accepting the office of Agent-General, he was returned in his stead for North Adelaide, on March 14th, 1877. Mr. Blyth was re-elected on March 29th, 1878, but resigned and finally retired from Parliament on Dec. 2nd in the same year. He was Treasurer in Mr. 's Ministry from Sept. 24th to Oct. 13th, 1868, and Minister of Education in Mr. 's Cabinet from Oct. 26th, 1877, to Sept. 27th, 1878. Mr. Blyth married at Alderley Edge, Cheshire, in 1852, Miss Julia Barnes, who still survives. Mr. Blyth took up his residence in England in 1878, and was a member of the London Commission for the Adelaide Jubilee Exhibition of 1887. He died at Sutton, Surrey, on Feb. 15th, 1890.

Bolton, Hon. Henry, J.P., is the son of a farmer and civil engineer of Galway, Ireland, where he was born in 1842. He came to Victoria in 1861, and started as a brewer at Heathcote, removing to Seymour in 1869. He was president of the Seymour Shire Council, and having unsuccessfully contested Moira in the Liberal interest in 1877, was returned to the Legislative Assembly for that constituency in 1880. He was Postmaster-General in the Government from July 1881 to March 1883. He subsequently retired from public life in Victoria, and commenced business in Queensland. Mr. Bolton married, in 1866, Annie, second daughter of James Eagan, of the Major's Line Station.

Bonney, Charles, was born at Sandon, near Stafford, on Oct. 31st, 1813, and educated at the Grammar School, Rugby. He went to Sydney in 1834 as clerk to Sir. In April 1837 he brought the first lot of cattle overland from New South Wales to Victoria for Mr. Ebden, and in April of the following year the first mob of cattle from N.S.W. to South Australia, in which colony he subsequently settled. From 1842 to 1857 he was Commissioner for Crown Lands, S.A. From Oct. 1856 to August 1857, was a member of the first Ministry formed under responsible government. Mr. Bonney was member for East Torrens in the Legislative Assembly from 1857 to 1858, and was a member of the Legislative Council in 1865 and 1866. He was Manager of Railways from 1869 to 1871, when he was appointed Inspector of "Lands Purchased on Credit." He now resides in Sydney.

Bonwick, James, F.R.G.S., son of James and Mary Ann Bonwick, was born in London on July 8th, 1817, and married Miss Esther Beddow, April 17th, 1840. In the following year he emigrated to Australia, arriving at Hobart on Oct. 10th. He spent eight years in Tasmania, three in South Australia, twenty in Victoria, and travelled extensively throughout New South Wales and Queensland. He acted as Inspector of Schools for the Ballarat district of Victoria for four years, when a severe sunstroke, which caused partial paralysis, incapacitated him from all work for nearly four years. He opened a school at St. Kilda, near Melbourne, in 1863, and returned to England for the benefit of his health in 1870, but has since several times revisited Melbourne. He has been engaged for the last four years as Archivist to the New South Wales Government, in the preparation of materials for the official history of that colony. Mr. Bonwick has been a most industrious author and compiler. Amongst his numerous works may be mentioned "Geography for Australian Youth," 1845; "Boroondara," 1854; "Western Victoria," 1857; and at various dates, "Orion and Sirius," "French Colonies," "Early Struggles of Trade in New South Wales," "Early Struggles of the Australian Press," "Early Struggles of the New Zealand Trade and Press," "Our Nationalities," "Geography of Australia," "Discovery and Settlement of Port Phillip," "Buckley, the Wild White Man," "John Batman, the Founder of Victoria," "The Last of the Tasmanians," "Daily life of the Tasmanians," "Curious Facts of Old Colonial Days," "Mormons and Silver Mines," "Pyramid Facts and Fancies," "Egyptian Belief and Modern Thought," "Resources of Queensland," "First Twenty Years of Australia," "Port Phillip Settlement," "Romance of the Wool Trade," "The 46


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Rh god Ucuetis in Alesia.” Now Eríu was in some tales a daughter of Umor and Tailltiu was daughter of Mac Umoir. The solar god “Mac Greine,” too, had married a goddess (the same, or bearing the same name) Eríu, and was defeated (and “slain”) at Tailltiu by the Milesians. We seem to be hot on the scent of he lost tradition of the goddess who fostered the sun god at the Fir Bolgic sanctuary.

But Nuada, Lug’s predecessor in the “theocracy” (if not, as the Munster druids and genealogists thought, his child), also made a “marriage with Fál,” a well-known alias for “Eríu,” and, add the writher, “there was sporting and making love to the stone of Fál.” As we shall see, there were Fál stones not only at Tara (with its “phallic names,” ancient and modern, Ferp and Bod) but at Tailltiu and at Bruden Da Derg. The So-called “aphrodisiac rites,” symbolizing marriage to a holed pillar, a basin stone, a dolmen, or even, I am told, a high cross, are not unknown in Ireland in late times; some even survived to our time. Cormac’s Glossary tells us, “the marriages of Tailltiu, they were celebrated at the mound of the buying (Tulach an Coibche), where the bride price was paid.” Add the fact that the marriage fees of Tailltiu were paid to the king of Ulad, on whose territory the sanctuary was presumed to stand; the strange, irregular marriages kept up there, if tradition says truly, till 1770; and the coincidence of so many indicators, ancient and modern point

title: Page:Folklore1919.djvu/487


title: Page:Folklore1919.djvu/503


text: Dictionary of National Biography, 1885-1900/Barham, Charles Middleton


text:
Page:Ulysses, 1922.djvu/623

620 Were their views on some points divergent?

Stephen dissented openly from Bloom's views on the importance of dietary and civic selfhelp while Bloom dissented tacitly from Stephen's views on the eternal affirmation of the spirit of man in literature. Bloom assentlyassented [sic] covertly to Stephen's rectification of the anachronism involved in assigning the date of the conversion of the Irish nation to christianity from druidism by Patrick son of Calpornus, son of Potitus, son of Odyssus, sent by pope Celestine I in the year 432 in the reign of Leary to the year 260 or thereabouts in the reign of Cormac Mac Art († 266 A. D.) suffocated by imperfect deglutition of aliment at Sletty and interred at Rossnaree. The collapse which Bloom ascribed to gastric inanition and certain chemical compounds of varying degrees of adulteration and alcoholic strength, accelerated by mental exertion and the velocity of rapid circular motion in a relaxing atmosphere.atmosphere, [sic] Stephen attributed to the reapparition of a matutinal cloud (perceived by both from two different points of observation, Sandycove and Dublin), at first no bigger than a woman's hand.

Was there one point on which their views were equal and negative?

The influence of gaslight or electric light on the growth of adjoining paraheliotropic trees.

Had Bloom discussed similar subjects during nocturnal perambulations in the past?

In 1884 with Owen Goldberg and Cecil Turnbull at night on public thoroughfares between Longwood avenue and Leonard's corner and Leonard's corner and Synge street and Synge street and Bloomfield Avenue. In 1885 with Percy Apjohn in the evenings, reclined against the wall between Gibraltar villa and Bloomfield house in Crumlin, barony of Uppercross. In 1886 occusionallyoccasionally [sic] with casual acquaintances and prospective purchasers on doorsteps, in front parlours, in third class railway carriages of suburban lines. In 1888 frequently with major Brian Tweedy and his daughter Miss Marion Tweedy, together and separately on the lounge in Matthew Dillon's house in Roundtown. Once in 1892 and once in 1893 with Julius Mastiansky, on both occasions in the parlour of his (Bloom's) house in Lombard street, west.

What reflection concerning the irregular sequence of dates 1884, 1885, 1886, 1888, 1892, 1893, 1904 did Bloom make before their arrival at their destination?

title: Page:Ulysses, 1922.djvu/623


text:
Page:Ulysses, 1922.djvu/624

Rh He reflected that the progressive extension of the field of individual development and experience was regressively accompanied by a restriction of the converse domain of interindividual relations.

As in what ways?

From inexistence to existence he came to many and was as one received: existence with existence he was with any as any with any: from existence to nonexistence gone he would be by all as none perceived.

What did BloomWhat action did Bloom [sic] make on their arrival at their destination?

At the housesteps of the 4th of the equidifferent uneven numbers, number 7 Eccles street, he inserted his hand mechanically into the back pocket of his trousers to obtain his latchkey.

Was it there?

It was in the corresponding pocket of the trousers which he had worn on the day but one preceding.

Why was he doubly irritated?

Because he had forgotten and because he remembered that he had reminded himself twice not to forget.

What were then the alternatives before the, premeditatedly (respectively) and inadvertently, keyless couple?

To enter or not to enter. To knock or not to knock.

Bloom's decision?

A stratagem. Resting his feet on the dwarf wall, he climbed over the area railings, compressed his hat on his head, grasped two points at the lower union of rails and stiles, lowered his body gradually by its length of five feet nine inches and a half to within two feet ten inches of the area pavement, and allowed his body to move freely in space by separating himself from the railings and crouching in preparation for the impact of the fall.

Did he fall?

By his body's known weight of eleven stone and four pounds in avoirdupois measure, as certified by the graduated machine for periodical selfweighing in the premises of Francis Frœdman, pharmaceutical chemist of 19 Frederick street, north, on the last feast of the Ascension, to wit, the twelfth day of May of the

title: Page:Ulysses, 1922.djvu/624


text:
Page:Ulysses, 1922.djvu/625

622 bissextile year one thousand nine hundred and four of the christian era, (jewish era five thousand six hundred and sixtyfour, mohammadan era one thousand three hundred and twentytwo), golden number 5, epact 13, solar cycle 9, dominical letters C B, Roman indication 2, Julian period 6617,.

Did he rise uninjured by concussion?

Regaining new stable equilibrium he rose uninjured though concussed by the impact, raised the latch of the area door by the exertion of force at its freely moving flange and by leverage of the first kind applied at its fulcrum gained retarded access to the kitchen through the subadjacent scullery, ignited a lucifer match by friction, set free inflammable coal gas by turning on the ventcock, lit a high flame which, by regulating, he reduced to quiescent candescence and lit finally a portable candle.

What discrete succession of images did Stephen meanwhile perceive?

Reclined against the area railings he perceived through the transparent kitchen panes a man regulating a gasflame of 14 C P, a man lighting a candle, a man removing in turn each of his two boots, a man leaving the kitchen holding a candle of 1 C P.

Did the man reappear elsewhere?

After a lapse of four minutes the glimmer of his candle was discernible through the semitransparent semicircular glass fanlight over the halldoor. The halldoor turned gradually on its hinges. In the open space of the doorway the man reappeared without his hat, with his candle.

Did Stephen obey his sign?

Yes, entering softly, he helped to close and chain the door and followed softly along the hallway the man's back and listed feet and lighted candle past a lighted crevice of doorway on the left and carefully down a turning staircase of more than five steps into the kitchen of Bloom's house.

What did Bloom do?

He extinguished the candle by a sharp expiration of breath upon its flame, drew two spoonseat deal chairs to the hearthstone, one for Stephen with its back to the area window, the other for himself when necessary, knelt on one knee, composed in the grate a pyre of crosslaid resintipped sticks and various coloured papers and irregular polygons of best Abram coal at twentyone shillings a ton from the yard of Messrs Flower and M'Donald of 14 D'Olier

title: Page:Ulysses, 1922.djvu/625


text:
Page:Ulysses, 1922.djvu/626

Rh street, kindled it at three projecting points of paper with one ignited lucifer match, thereby releasing the potential energy contained in the fuel by allowing its carbon and hydrogen elements to enter into free union with the oxygen of the air.

Of what similar apparitions did Stephen think?

Of others elsewhere in other times who, kneeling on one knee or on two, had kindled fires for him, of Brother Michael in the infirmary of the college of the Society of Jesus at Clongowes Wood, Sallins, in the county of Kildare: of his father, Simon Dedalus, in an unfurnished room of his first residence in Dublin, number thirteen Fitzgibbon street: of his godmother Miss Kate Morkan in the house of her dying sister Miss Julia Morkan at 15 Usher's Island: of his mother Mary, wife of Simon Dedalus, in the kitchen of number twelve North Richmond street on the morning of the feast of Saint Francis-Xavier 1898: of the dean of studies, Father Butt, in the physics' theatre of university College, 16 Stephen's Green, north: of his sister Dilly (Delia) in his father's house in Cabra.

What did Stephen see on raising his gaze to the height of a yard from the fire towards the opposite wall?

Under a row of five coiled spring housebells a curvilinear rope, stretched between two holdfasts athwart across the recess beside the chimney pier, from which hung four smallsized square handkerchiefs folded unattached consecutively in adjacent rectangles and one pair of ladies' grey hose with Lisle suspender tops and feet in their habitual position clamped by three erect wooden pegs two at their outer extremities and the third at their point of junction.

What did Bloom see on the range?

On the right (smaller) hob a blue enamelled saucepan: on the left (larger) hob a black iron kettle.

What did Bloom do at the range?

He removed the saucepan to the left hob, rose and carried the iron kettle to the sink in order to tap the current by turning the faucet to let it flow.

Did it flow?

Yes. From Roundwood reservoir in county Wicklow of a cubic capacity of 2.400 million gallons, percolating through a subterranean aqueduct of filtre

title: Page:Ulysses, 1922.djvu/626


text:
1911 Encyclopædia Britannica/Scheele, Karl Wilhelm

SCHEELE, KARL WILHELM (1742-1786), Swedish chemist, was born at Stralsund, the capital of Pomerania, which then belonged to Sweden, on the 19th of December 1742. He was apprenticed at the age of fourteen to an apothecary in Gothenburg, with whom he stayed for eight years. His spare time and great part of his nights were devoted to the experimental examination of the different bodies which he dealt with, and the study of the standard works on chemistry. He thus acquired a large store of knowledge and great practical skill and manipulative dexterity. In 1765 he removed to Malmö, and in 1768 to Stockholm. While there he wrote an account of his experiments with cream of tartar, from which he had isolated tartaric acid, and sent it to T. O. Bergman, the leading chemist in Sweden. Bergman somehow neglected it, and this caused for a time a reluctance on Scheele's part to become acquainted with that savant, but the paper, through the instrumentality of Anders Johann Retzius (1742-1821), was ultimately communicated to the Academy of Sciences at Stockholm. He left Stockholm in 1770 and took up his residence at Upsala, where through the agency of Johann Gottlieb Gahn (1745-1818), assessor of mines at Fahlun, he made the personal acquaintance of Bergman. A friendship, of mutual advantage, soon sprang up between the two men, and it has been said that Scheele was Bergman's greatest discovery. In 1775, the year in which he was elected into the Stockholm Academy of Sciences, he left Stockholm for Köping, a small place on Lake Malar, where he became provisor and subsequently proprietor of a pharmacy. The business, however, was not what he had been led to expect, and it took him several years to put it on a sound footing. Yet in spite of his business cares he found time for an extraordinary amount of original research, and every year he published two or three papers, most of which contained some discovery or observation of importance. His unremitting work, it is said, especially at night, exposing him to cold and draughts, induced a rheumatic attack which brought about his death. He had intended, as soon as his circumstances permitted him, to marry the widow of his predecessor, but his illness

increased so rapidly that it was only on his death-bed, on the 19th of May 1786, that he carried out his design. Two days later he died, leaving his wife what property he had acquired.

Scheele's power as an experimental investigator has seldom if ever been surpassed, and his accuracy is most remarkable when his primitive apparatus, his want of assistance, his place of residence, and the undeveloped state of chemical and physical science in his time, are all taken into account. Research was at once his occupation and his relaxation, and his natural endowments were cultivated by unceasing practice and unwearied attention. Study of his original papers shows that his discoveries were not made at haphazard, but were the outcome of experiments carefully planned to verify inferences already drawn, and successfully designed to settle the point at issue in the simplest and most direct manner. He left nothing in doubt if experiment would decide it, and he evidently did not consider that he had fully investigated any compound until he could both unmake and remake it. His record as a discoverer of new substances is probably unequalled. The analysis of manganese dioxide in 1774 led him to the discovery of chlorine and baryta; to the description of various salts of manganese itself, including the manganates and permanganates, and to the explanation of its action in colouring and decolourizing glass. In 1775 he investigated arsenic acid and its reactions, discovering arseniuretted hydrogen and “Scheele's green” (copper arsenite), a process for preparing which on a large scale he published in 1778. Papers published in 1776 were concerned with quartz, alum and clay and with the analysis of calculus vesicae from which for the first time he obtained uric acid. In 1778 he proposed a new method of making calomel and powder of algaroth, and he got molybdic acid from mineral molybdaena nitens which he carefully distinguished from ordinary molybdena (plumbago or black lead of commerce). In the following year he showed that plumbago consists essentially of carbon, and he published a record of estimations of the proportions of oxygen in the atmosphere, which he had carried on daily during the whole of 1778 — three years before Cavendish. In 1780 he proved that the acidity of sour milk is due to what was afterwards called lactic acid; and by boiling milk sugar with nitric acid he obtained mucic acid. His next discovery, in 1781, was the composition of the mineral tungsten, since called scheelite (calcium tungstate), from which he obtained tungstic acid. In 1782 he published some experiments on the formation of ether, and in 1783 examined the properties of glycerine, which he had discovered seven years before. About the same time he showed by a wonderful series of experiments that the colouring matter of Prussian blue could not be produced without the presence of a substance of the nature of an acid, to which the name of prussic acid was ultimately given; and he described the composition, properties and compounds of this body, and even ascertained its smell and taste, quite unaware of its poisonous character. In the last years of his life he returned to the vegetable acids, and investigated citric, malic, oxalic and gallic acids. His only book, on Air and Fire, was published in 1777, but was written some years before. The manuscript was in the hands of the printers in 1775, and most of the experimental work for it was done before 1773. Although it starts from the erroneous basis of the phlogistic theory, it contains much matter of permanent value. One of the chief observations recorded in it is that the atmosphere is composed of two gases one which supports combustion and the other which prevents it. The former, “fire-air,” or oxygen, he prepared from “acid of nitre,” from saltpetre, from black oxide of manganese, from oxide of mercury and other substances, and there is little doubt but that he obtained it independently a considerable time before Priestley. Incidentally in 1777 Scheele prepared sulphuretted hydrogen, and noted the chemical action of light on silver compounds and other substances.


text:
Page:Ulysses, 1922.djvu/627

624 mains of single and double pipeage constructed at an initial plant cost of £ 5 per linear yard by way of the Dargle, Rathdown, Glen of the Downs and Callowhill to the 26 acre reservoir at Stillorgan, a distance of 22 statute miles, and thence, through a system of relieving tanks, by a gradient of 250 feet to the city boundary at Eustace bridge, upper Leeson street, though from prolonged summer drouth and daily supply of 12 1/2 million gallons the water had fallen below the sill of the overflow weir for which reason the borough surveyor and waterworks engineer, Mr Spencer Harty, C. E., on the instructions of the waterworks committee had prohibited the use of municipal water for purposes other than those of consumption (envisaging the possibility of recourse being had to the impotable water of the Grand and Royal canals as in 1893) particularyparticularly [sic] as the South Dublin Guardians, notwithstanding their ration of 15 gallons per day per pauper supplied through a 6 inch meter had been convicted of a wastage of 20.000 gallons per night by a reading of their meter on the affirmation of the law agent of the corporation, Mr Ignatius Rice, solicitor, thereby acting to the detriment of another section of the public, selfsupporting taxpayers, solvent, sound.

What in water did Bloom, waterlover, drawer of water, watercarrier, returning to the range, admire?

Its universality: its democratic equality and constancy to its nature in seeking its own level: its vastness in the ocean of Mercator's projection: its umplumbed profundity in the Sundam trench of the Pacific exceeding 8.000 fathoms: the restlessness of its waves and surface particles visiting in turn all points of its seaboard: the independence of its units: the variability of states of sea: its hydrostatic quiescence in calm: its hydrokinetic turgidity in neap and spring tides: its subsidence after devastation: its sterility in the circumpolar icecaps, arctic and antarctic: its climatic and commercial significance: its preponderance of 3 to 1 over the dry land of the globe: its indisputable hegemony extending in square leagues over all the region below the subequatorial tropic of Capricorn: the multisecular stability of its primeval basin: its luteosfulvous bed: its capacity to dissolve and hold in solution all soluble substances including millions of tons of the most precious metals: its slow erosions of peninsulas and downwardtending promontories: its alluvial deposits: its weight and volume and density: its imperturbability in lagoons and highland tarns: its gradation of colours in the torrid and temperate and frigid zones: its vehicular ramifications in continental

title: Page:Ulysses, 1922.djvu/627


text:
Page:Ulysses, 1922.djvu/628

Rh lakecontained streams and confluent oceanflowing rivers with their tributaries and transoceanic currents: gulfstream, north and south equatorial courses: its violence in seaquakes, waterspouts, Artesian wells, eruptions, torrents, eddies, freshets, spates, groundswells, watersheds, waterpartings, geysers, cataracts, whirlpools, maelstroms, inundations, deluges, cloudbursts: its vast circumterrestrial ahorizontal curve: its secrecy in springs, and latent humidity, revealed by rhabdomantic or hygrometric instruments and exemplified by the hole in the wall at Ashtown gate, saturation of air; distillation of dew: the simplicity of its composition, two constituent parts of hydrogen with one constituent part of oxygen: its healing virtues: its buoyancy in the waters of the Dead Sea: its persevering penetrativeness in runnels, gullies, inadequate dams, leaks on shipboard: its properties for cleansing, quenching thirst and fire, nourishing vegetation: its infaillibilityinfallibility [sic] as paradigm and paragon: its metamorphoses as vapour, mist, cloud, rain, sleet, snow, hail: its strength in rigid hydrants: its variety of forms in loughs and bays and gulfs and bights and guts and lagoons and atolls and archipelagos and sounds and fjords and minches and tidal estuaries and arms of sea: its solidity in glaciers, icebergs, icefloes: its docility in working hydraulic millwheels, turbines, dynamos, electric power stations, bleachworks, tanneries, scutchmills: its utility in canals, rivers, ifnavigableif navigable [sic], floating and graving docks: its potentiality derivable from harnessed tides or watercourses falling from level to level: its submarine fauna and flora (anacoustic, photophobe) numerically, if not literally, the inhabitants of the globe: its ubiquity as constituting 90 % of the human body: the noxiousness of its effluvia in lacustrine marshes, pestilential fens, faded flowerwater, stagnant pools in the waning moon.

Having set the halffilled kettle on the now burning coals, why did he return to the stillflowing tap?

To wash his soiled hands with a partially consumed tablet of Barrington's lemonflavoured soap, to which paper still adhered (bought thirteen hours previously for fourpence and still unpaid for), in fresh cold neverchanging everchanging water and dry them, face and hands, in a long redbordered holland cloth passed over a wooden revolving roller.

What reason did Stephen give for declining Bloom's offer?

That he was hydrophobe, hating partial contact by immersion or total by submersion in cold water (his last bath having taken place in the month of

title: Page:Ulysses, 1922.djvu/628


text:
Page:Ulysses, 1922.djvu/629

626 October of the preceding year), disliking the aqueous substances of glass and crystal, distrusting aquacities of thought and language.

What impeded Bloom from giving Stephen counsels of hygiene and prophylactic to which should be added suggestions concerning a preliminary wetting of the head and contraction of the muscles with rapid splashing of the face and neck and thoracic and epigastric region in case of sea or river bathing, the parts of the human anatomy most sensitive to cold being the nape, stomach and thenar or sole of foot?

The incompatibility of aquacity with the erratic originality of genius.

What additional didactic counsels did he similarly repress?

Dietary: concerning the respective percentage of protein and caloric energy in bacon, salt ling and butter, the absence of the former in the lastnamed and the abundance of the latter in the firstnamed.

Which seemed to the host to be the predominant qualities of his guest?

Confidence in himself, an equal and opposite power of abandonment and recuperation.

What concomitant phenomenon took place in the vessel of liquid by the agency of fire?

The phenomenon of ebullition. Fanned by a constant updraught of ventilation between the kitchen and the chimneyflue, ignition was communicated from the faggots of precombustible fuel to polyhedral masses of bituminous coal, containing in compressed mineral form the foliated fossilised decidua of primeval forests which had in turn derived their vegetative existence from the sun, primal source of heat (radiant), transmitted through omnipresent luminiferous diathermanous ether. Heat (convected), a mode of motion developed by such combustion, was constantly and increasingly conveyed from the course of calorificationthe source of calorification [sic] to the liquid contained in the vessel, being radiated through the uneven unpolished dark surface of the metal iron, in part reflected, in part absorbed, in part transmitted, gradually raising the temperature of the water from normal to boiling point, a rise in temperature expressible as the result of an expenditure of 72 thermal units needed to raise 1 pound of water from 50° to 212° Fahrenheit.

title: Page:Ulysses, 1922.djvu/629


text: 1911 Encyclopædia Britannica/Disorderly House


text:
Page:Ulysses, 1922.djvu/630

Rh What announced the accomplishment of this rise in temperature?

A double falciform ejection of water vapour from under the kettlelid at both sides simultaneously.

For what personal purpose could Bloom have applied the water so boiled?

To shave himself.

What advantages attended shaving by night?

A softer beard: a softer brush if intentionally allowed to remain from shave to shave in its agglutinated lather: a softer skin if unexpectedly encountering female acquaintances in remote places at incustomary hours: quiet reflections upon the course of the day: a cleaner sensation when awaking after a fresher sleep since matutinal noises, premonitions and perturbations, a clattered milkcan, a postman's double knock, a paper read, reread while lathering, relathering the same spot, a shock, a shoot, with thought of aught he sought though fraught with nought might cause a faster rate of shaving and a nick on which incision plaster with precision cut and humected and applied adhered which was to be done.

Why did absence of light disturb him less than presence of noise?

Because of the surety of the sense of touch in his firm full masculine feminine passive active hand.

What quality did it (his hand) possess but with what counteracting influence?

The operative surgical quality but that he was reluctant to shed human blood even when the end justified the means, preferring, in their natural order, heliotherapy, psychophysicotherapeutics, osteopathic surgery.

What lay under exposure on the lower middle and upper shelves of the kitchen dresser opened by Bloom?

On the lower shelf five vertical breakfast plates, six horizontal breakfast saucers on which rested inverted breakfast cups, a moustachecup, uninverted, and saucer of Crown Derby, four white goldrimmed eggcups, an open shammy purse dispayingdisplaying [sic] coins, mostly copper, and a phial of aromatic violet comfits. On the middle shelf a chipped eggcup containing pepper, a drum of table salt, four conglomerated black olivesinolives in [sic] oleaginous paper, an empty pot of

title: Page:Ulysses, 1922.djvu/630


text:
Page:Ulysses, 1922.djvu/631

628 Plumtree's potted meat, an oval wicker basket bedded with fibre and containing one Jersey pear, a halfempty bottle of William Gilbey and Co's white invalid port, half disrobed of its swathe of coralpink tissue paper, a packet of Epps's soluble cocoa, five ounces of Anne Lynch's choice tea at 2/– per lb. in a crinkled leadpaper bag, a cylindrical canister containing the best crystallised lump sugar, two onions, one the larger, Spanish, entire, the other, smaller, Irish, bisected with augmented surface and more redolent, a jar of Irish Model Dairy's cream, a jug of brown crockery containing a naggin and a quarter of soured adulterated milk, converted by heat into water, acidulous serum and semisolidified curds, which added to the quantity subtracted for Mr Bloom's and Mrs Fleming's breakfasts made one imperial pint, the total quantity originally delivered, two cloves, a halfpenny and a small dish containing a slice of fresh ribsteak. On the upper shelf a battery of jamjars of various sizes and proveniences.

What attracted his attention lying on the apron of the dresser?

Four polygonal fragments of two lacerated scarlet betting tickets, numbered 8 87, 8 86.

What reminiscences temporarily corrugated his brow?

Reminiscences of coincidences, truth stranger than fiction, preindicative of the result of the Gold Cup flat handicap, the official and definitive result of which he had read in the Evening Telegraph, late pink edition, in the cabman's shelter, at Butt bridge.

Where had previous intimations of the result, effected or projected, been received by him?

In Bernard Kiernan's licensed premises 8, 9 and 10 Little Britain street: in David Byrne's licensed premises, 14 Duke street: in O'Connell street lower, outside Graham Lemon's when a dark man had placed in his hand a throwaway (subsequently thrown away), advertising Elijah, restorer of the church in Zion: in Lincoln place outside the premises of F. W Sweny and Co (Limited), dispensing chemists, when, when Frederick M. (Bantam) Lyons had rapidly and successively requested, perused and restituted the copy of the current issue of the Freeman's Journal and National Press which he had been about to throw away (subsequently thrown away), he had proceeded towards the oriental edifice of the Turkish and Warm Baths, 11 Leinster street, with the light of

title: Page:Ulysses, 1922.djvu/631


text: Dictionary of National Biography, 1885-1900/Balcarres, Countess of


text:
Page:Ulysses, 1922.djvu/632

Rh inspiration shining in his countenance and bearing in his arms the secret of the race, graven in the language of prediction.

What qualifying considerations allayed his perturbations?

The difficulties of interpretation since the significance of any event followed its occurrence as variably as the acoustic report followed the electrical discharge and of counterestimating against an actual loss by failure to interpret the total sum of possible losses proceeding originally from a successful interpretation.

His mood?

He had not risked, he did not expect, he had not been disappointed, he was satisfied.

What satisfied him?

To have sustained no positive loss. To have brought a positive gain to others. Light to the gentiles.

How did Bloom prepare a collation for a gentile?

He poured into two teacups two level spoonfuls, four in all, of Epps's soluble cocoa and proceeded according to the directions for use printed on the label, to each adding after sufficient time for infusion the prescribed ingredients for diffusion in the manner and in the quantity prescribed.

What supererogatory marks of special hospitality did the host show his guest?

Relinquishing his symposiarchal right to the moustache cup of imitation Crown Derby presented to him by his only daughter, Millicent (Milly), he substituted a cup identical with that of his guest and served extraordinarily to his guest and, in reduced measure, to himself, the viscous cream ordinarily reserved for the breakfast of his wife Marion (Molly).

Was the guest conscious of and did he acknowledge these marks of hospitality?

His attention was directed to them by his host jocosely and he accepted them seriously as they drank in jocoserious silence Epps's massproduct, the creature cocoa.

title: Page:Ulysses, 1922.djvu/632


text: Dictionary of National Biography, 1885-1900/Balcarres, Earls of


text:
Page:Ulysses, 1922.djvu/633

630 Were there marks of hospitality which he contemplated but suppressed, reserving them for another and for himself on future occasions to complete the act begun?

The reparation of a fissure of the length of 1 1/2 inches in the right side of his guest's jacket. A gift to his guest of one of the four lady's handkerchiefs, if and when ascertained to be in a presentable condition.

Who drank more quickly?

Bloom, having the advantage of ten seconds at the initiation and taking, from the concave surface of a spoon along the handle of which a steady flow of heat was conducted, three sips to his opponent's one, six to two, nine to three.

What cerebration accompanied his frequentative act?

Concluding by inspection but erroneously that his silent companion was engaged in mental composition he reflected on the pleasures derived from literature of instruction rather than of amusement as he himself had applied to the works of William Shakespeare more than once for the solution of difficult problems in imaginary or real life.

Had he found their solution?

In spite of careful and repeated reading of certain classical passages, aided by a glossary, he had derived imperfect conviction from the text, the answers not bearing in all points.

What lines concluded his first piece of original verse written by him, potential poet, at the age of 11 in 1877 on the occasion of the offering of three prizes of 10/-, 5/- and 2/6 respectively by the Shamrock, a weekly newspaper?

Did he find four separating forces between his temporary guest and him?

Name, age, race, creed.

title: Page:Ulysses, 1922.djvu/633


text:
Page:Folklore1919.djvu/488

122 most unmistakably to the nature of the ceremonies. They referred to the marriage of the Sun with the land of Ireland at the great harvest festival, and implied the co-operation of the gods’ worshippers to make the harvest fruits of the earth secure.

As to the Fál stone, it was brought from “Falias” by the Tuatha Dé, and long after, when it revealed itself by screaming under the feet of King Conn, his druid told him “in the land of Tailltiu it shall be for ever, and that land shall be the sporting Óenach.” Then Lug mac Ethlenn appeared in dazzling beauty. The Book of Leinster says Fál was “a stone of vision” at Tara, which was to remain at Tailltiu. . . its heart sprang out after its welcome to Conn”; Christian redactors added, “or the birth of Christ,” when the oracles were dumb. The Bruden Da Derga had “a stone, Fál, in the upper part of the Bruden.” The Coir Anmann says that Failbe Fál Choirtech was the first person to set up a pillar in Eriu, and Nuada, who made love to the Fál, was named also Finn Fál, “the White Fal.” The reputed Lia Fail at Tara is white, with rounded ends and about 6′ long; it was evidently intended to be recumbent, but was set over the dead rebels’ grave in 1798; its fall, some years since, revealed its true character and size, Petrie being quite misled on these points. Noting the frequent occurrence of holed stones in Ireland

title: Page:Folklore1919.djvu/488


text:
Page:Ulysses, 1922.djvu/634

Rh What anagrams had he made on his name in youth?

Leopold Bloom

Ellpodbomool

Molldopeloob

Bollopedoom

Old Ollebo, M. P.

What acrostic upon the abbreviation of his first name had he (kinetic poet) sent to Miss Marion Tweedy on the 14 February 1888?

What had prevented him from completing a topical song (music by R. G. Johnston) on the events of the past, or fixtures for the actual, years, entitled If Brian Boru could but come back and see old Dublin now, commissioned by Michael Gunn, lessee of the Gaiety Theatre, 46, 47, 48, 49 South King street, and to be introduced into the sixth scene, the valley of diamonds, of the second edition (30 January 1893) of the grand annual Christmas pantomime Sinbad the Sailor (written by Greenleaf Whittier, scenery by George A. Jackson and Cecil Hicks, costumes by Mrs and Miss WhelanMiss Whelan, [sic] produced by R. Shelton 26 December 1892 under the personal supervision of Mrs Michael Gunn, ballets by Jessie Noir, harlequinade by Thomas Otto) and sung by Nelly Bouverist, principal girl?

Firstly, oscillation between events of imperial and of local interest, the anticipatepanticipated [sic] diamond jubilee of Queen Victoria (born 1820, acceded 1837) and the posticipated opening of the new municipal fish market: secondly, apprehension of opposition from extreme circles on the questions of the respective visits of Their Royal Highnesses, the duke and duchess of York (real), and of His Majesty King Brian Boru (imaginary): thirdly, a conflict between professional etiquette and professional emulation concerning the recent erections of the Grand Lyric Hall on Burgh Quay and the Theatre Royal in Hawkins Street: fourthly, distraction resultant from compassion for Nelly Bouverist's non-intellectual, non-political, non-topical expression of countenance and concupiscence caused by Nelly

title: Page:Ulysses, 1922.djvu/634


text:
Page:Ulysses, 1922.djvu/635

632 Bouverist's revelations of white articles of non-intellectual, non-political, non-topical underclothing while she (Nelly Bouverist) was in the articles: fifthly, the difficulties of the selection of appropriate music and humorous allusions from Everybody's Book of Jokes (1000 pages and a laugh in every one): sixthly, the rhymes homophonous and cacophonous, associated with the names of the new lord mayor, Daniel Tallon, the new high sheriff, Thomas Pile and the new sollicitorgeneral, Dunbar Plunket Barton.

What relation existed between their ages?

16 years before in 1888 when Bloom was of Stephen's present age Stephen was 6. 16 years after in 1920 when Stephen would be of Bloom's present age Bloom would be 54. In 1936 when Bloom would be 70 and Stephen 54 their ages initially in the ratio of 16 to 0 would be as 17 1/2 to 13 1/2, the proportion increasing and the disparity diminishing according arbitrary asas arbitrary [sic] future years were added for if the proportion existing in 1883 had continued immutable, conceiving that to be possible, till then 1904 when Stephen was 22 Bloom would be 374 and in 1920 when Stephen would be 38, as Bloom then was, Bloom would be 646 while in 1952 when Stephen would have attained the maximum postdiluvian age of 70 Bloom, being 1190 years alive having been born in the year 714, would have surpassed by 221 years the maximum antediluvian age, that of Methusalah, 969 years, while, if Stephen would continue to live until he would attain that age in the year 3072 A. D., Bloom would have been obliged to have been alive 83,300 years, having been obliged to have been born in the year 81,396 B. C.

What events might nullify these calculations?

The cessation of existence of both or either, the inauguration of a new era or calendar, the annihilation of the world and consequent extermination of the human species, inevitable but impredictable.

How many previous encounters proved their preexisting acquaintance?

Two. The first in the lilacgarden of Matthew Dillon's house.Matthew Dillon's house, [sic] Medina Villa, Kimmage road, Roundtown, in 1887, in the company of Stephen's mother, Stephen being then of the age of 5 and reluctant to give his hand in salutation. The second in the cofferoomcoffeeroom [sic] of Breslin's hotel on a rainy Sunday in the January of 1892, in the company of Stephen's father and Stephen's granduncle, Stephen being then 5 years older.

title: Page:Ulysses, 1922.djvu/635