text:
Township of Pine Grove v. Talcott

ERROR to the Circuit Court for the Western District of Michigan, in which court Talcott brought assumpsit against the township of Pine Grove, one of the municipalities of the State of Michigan, to recover the amount of certain bonds issued by that township to aid in the construction of a railroad running through the said township, from Kalamazoo to South Haven, both places being in Michigan.

The constitution of Michigan (adopted A.D. 1850) thus ordains:

'ARTICLE VI, § 32. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.

'ARTICLE XIV, § 6. The credit of the State shall not be granted to or in aid of any person, association, or corporation.

'§ 8. The State shall not subscribe to or be interested in the stock of any company, association, or corporation.

'§ 9. The State shall not be a party to or intersted in any work of internal improvement, nor engage in carrying on any such work, except in the expenditure of grants to the State of land or other property.

'§ 11. The legislature shall provide a uniform rule of taxation, except as to property paying specific taxes. Taxes shall be levied upon such property as shall be prescribed by law.

'ARTICLE XV, § 13. The legislature shall provide for the incorporation and organization of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit.

'ARTICLE XVIII, § 2. When private property is taken for the use or benefit of the public, the necessity for using such property and the just compensation to be made therefor (except when to be made by the State) shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.

'§ 14. The property of no person shall be taken for public use without just compensation therefor. Private roads may be opened in the manner to be prescribed by law; but in every case the necessities of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders,' &c.

These provisions of the constitution being in force, the legislature of Michigan, on the 22d of March, 1869, passed an act entitled 'An act to enable any township, city, or village to pledge its aid, by loan or donation, to any railroad company now chartered or organized under and by virtue of the laws of the State of Michigan, in the construction of its road.'

The act enacted:

'That it shall be lawful for any township or city to pledge its aid to any railroad company now chartered, organized, or that may hereafter be organized, under and by virtue of the laws of the State of Michigan, in the construction of its road, by loan or donation, with or without conditions, for such sum or sums, not exceeding ten per centum of the assessed valuation then last made of the real and personal property in such township or city, as a majority of the electors of such township or city voting shall, at a meeting or meetings called for that purpose, determine.'

The manner in which the vote should be taken and the bonds executed was provided for in subsequent sections.

Under this act the bonds on which the suit was brought were issued. The bonds, and the coupons attached to them, were made 'payable to bearer.' It was not denied that the directions given in the act were carried out.

The declaration set forth in special counts the cause of action. The township demurred on the sole ground that the law in question was in conflict with the constitution of the State, and judgment being given against the township, it brought the case here.

The act under which the bonds were issued had been the subject of very full consideration by the Supreme Court of Michigan, in Bay City v. The State Treasurer, and an act of a similar character had been previously considered by the same court in The People v. Salem. Both acts were declared to be in conflict with the constitution, and void.

In the former case (Graves, J., dissenting, and delivering an opinion in dissent), the unconstitutionality of the law was placed upon several distinct grounds, some of which were more fully insisted on than others.

In the latter case it was held (Cooley, J., delivering on this occasion, as he had done on the former, the opinion of the court), that the statute was in conflict with Article VI, section thirty-two, already quoted, which provides that no person shall be deprived of his property without due process of law, and also with the provisions of Article XIV, sections eight and nine, also already quoted, which prohibit the State from being a party to or interested in any works of internal improvement.

The court observes that the State had, prior to 1850, when the constitution was established, been engaged in works of the description named and had owned some of the principal railroads in the State. It refers to the history of the times in which the constitution was adopted, and points out how previously to that time the people had been fraudulently led into the creation of debts for railroads of which they denied the moral obligation, and in consequence of which their public credit had been impaired; and how-interpreting these provisions as effectually guarding them against the like evils and dangers for the future-the people were induced more than by any other motive to adopt the constitution. The court says:

'All these provisions were incorporated by the people in the constitution as precautions against injudicious action by themselves, if in another time of inflation and excitement they should be tempted to incur the like burdensome taxation in order to accomplish public improvement in cases where they were not content to wait the result of private enterprise. The people meant to erect such effectual barriers that if the temptation should return, the means of inflicting the like injury upon the credit, reputation, and prosperity of the State should not be within the reach of the authorities. They believed these clauses of the constitution accomplished this purpose perfectly; and none of its provisions had more influence in recommending that instrument to the hearty good-will of the people.

'In process of time, however, a majority in the legislature were found willing, against the solemn warning of the executive, to resort again to the power of taxation in aid of internal improvement. It was discovered that though 'the State' was expressly inhibited from giving such aid in any form, except in the disposition of grants made to it, the subdivisions of which the State was composed were not under the like ban. Decisions in other States were found which were supposed to sanction the doctrine that under such circumstances, the State might do indirectly through its subdivisions what directly it was forbidden to do. This a way was opened by which the whole purpose of the constitutional provisions quoted might be defeated. The State could not aid a private corporation with its credit, but it might require each of its townships, cities, and villages to do so. The State could not load down its people with taxes for the construction of a public improvement, but it might compel the municipal authorities, which were its mere creatures, and which held their whole authority and their whole life at its will, to enforce such taxes, one by one, until the whole people were bent to the burden.

'Now, whatever might be the just and proper construction of similar provisions in the constitutions of States whose history has not been the same with our own, the majority of this court thought, when the previous case was before us, and they still think, that these provisions in our constitution do preclude the State from loaning the public credit to private corporations, and from imposing taxation upon its citizens, or any portion thereof, in aid of the construction of railroads. So the people supposed when the constitution was adopted. Constitutions do not change with the varying tides of public opinion and desire; the will of the people therein recorded is the same inflexible law until changed by their own deliberate action; and it cannot be permissible to the courts that, in order to aid evasions and circumventions, they shall subject these instruments, which in the main only undertake to lay down broad general principles, to a literal and technical construction, as if they were great public enemies standing in the way of progress, and the duty of every good citizen was, to get around their provisions whenever practicable, and give them a damaging thrust whenever convenient. They must construe them as the people did in their adoption, if the means of arriving at that construction are within their power. In these cases we thought we could arrive at it from the public history of the times.'

Notwithstanding these decisions, the court below gave judgment against the township, and it, accordingly, brought the case here.

Mr. J. A. Garfield, for the plaintiff in error:

The only point in issue below was the meaning of the constitution of the State, and on such a question it was the duty of the court below to have taken as true the meaning put upon it by its highest judicial tribunal. If a contrary course of proceeding is permissible there is an end to the independence of the judiciary of the States, and the decisions of tribunals which are confessedly constitutional expositors of the local law, are reviewed and reversed by a tribunal possessing no authority to exercise such functions upon any theory of State and Federal jurisdiction hitherto recognized in our judicial history.

A long series of decisions in this court-of which Nesmith v. Sheldon is but one illustration of which there are infinite other ones from the first page of Dallas to the last of Wallace stand out to witness that the Federal tribunals have ever recognized and felt bound by the decisions of the State courts in matters of local law. Although pressed on many occasions to 'amplify the jurisdiction,' the rule has been steadily adhered to, unless the case was within some of the recognized exceptions. This case falls within none of the exceptions. Nor is it in that class of cases where it has been held that 'if a contract when made was valid under the laws and constitution of a State as they had been previously expounded by its judicial tribunals, and as they were understood at the time, no subsequent action by the legislature or the judiciary will be regarded by this court as establishing its invalidity.' Neither the act under consideration nor any like act had ever been held valid. No exposition had ever been made of the constitution of 1850, from which it could be concluded that such legislation would be sustained. There was no previous course of decision which held even by inference that the constitutional prohibitions above referred to would authorize municipal taxation in aid of works of internal improvement.

The case of Swan v. Williams, which might, at a hasty view, be taken as disproving what we say, was not a case arising under the present constitution. Indeed, it was a case which originated when an entirely different public policy prevailed, and under a constitution which permitted the legislature to make the public a party to such enterprises. What that case decides was this only, that a railroad was so far of public use as to justify the exercise of the power of eminent domain by allowing it to take private property upon payment of compensation.

Independently of all constitutional restraints, the bonds are void. The railroad was a private enterprise. It had no element of a public object, otherwise than as all manufactures, canals, steamboat lines, and other things open to persons generally to enjoy on payment of their money, are to be called public.

The present case, therefore, is that of a person buying bonds and running the risk of their being held valid.

Messrs. J. S. Black and C. A. Kent, with whom were Messrs. C. I. Walker and D. D. Hughes, contra.

Mr. Justice SWAYNE recapitulated the facts of the case, and delivered the opinion of the court.

title: Township of Pine Grove v. Talcott


text: Talk:Township of Pine Grove v. Talcott

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

title: Talk:Township of Pine Grove v. Talcott


text:
Page:Grimm's Household Tales, vol.1.djvu/263

 At last she met the bridegroom, who was coming slowly back. He, like the others, asked,

The bridegroom looked up, saw the decked-out skull, thought it was his bride, and nodded to her, greeting her kindly. But when he and his guests had all gone into the house, the brothers and kinsmen of the bride, who had been sent to rescue her, arrived. They locked all the doors of the house, that no one might escape, set fire to it, and the wizard and all his crew had to burn.

47.—THE JUNIPER-TREE.

is now long ago, quite two thousand years, since there was a rich man who had a beautiful and pious wife, and they loved each other dearly. They had, however, no children, though they wished for them very much, and the woman prayed for them day and night, but still they had none. Now there was a court-yard in front of their house in which was a juniper-tree, and one day in winter the woman was standing beneath it, paring herself an apple, and while she was paring herself the


text:
Township of Pine Grove v. Talcott/Opinion of the Court

The facts of the case are few and undisputed, and the legal question presented has been settled by this court.

On the 22d of March, 1869, the legislature of Michigan passed an act entitled 'An act to enable any township, city, or village to pledge its aid, by loan or donation, to any railroad company now chartered or organized under and by virtue of the laws of the State of Michigan, in the construction of its road.'

The plaintiff in error was the defendant in the court below. It is a body corporate in the county of Van Buren, in Michigan. The case made by the declaration is as follows:

The Kalamazoo and South Haven Railroad Company is a corporation organized under the laws of Michigan, having for its object the construction of a railroad from the village of Kalamazoo to the village of South Haven, in that State. The line of its proposed route passed through the township of Pine Grove. Pursuant to the act of the legislature before mentioned, a meeting of the electors of the township was called to vote upon the proposition whether the township should, in aid of the construction of the road, give to the company its coupon bonds to the amount of $12,000, bearing interest at the rate of ten per cent. per annum, one-sixth of the principal to be payable at the end of each succeeding year, from March 1st, 1870, until the whole amount was paid; the interest to be payable annually from that time. A majority voted for the proposition, and the bonds were issued. They bore date June 1st, 1869. The plaintiff, Talcott, was the holder and owner of a part of the bonds and coupons. They are described in the declaration, and were overdue. The township filed a demurrer. It was overruled by the court; and the township electing to stand by it, judgment was given for the plaintiff. The township thereupon sued out this writ of error, and has thus brought the case before this court for review.

It is not alleged that the bonds were not issued in conformity to the act, nor that there has been any want of good faith on the part of the railroad company, nor that the plaintiff, Talcott, was not a bon a fide holder. But it has been argued that the act of the legislature was void. This presents the only question in the case, and it is fundamental. If the foundation fails the entire superstructure reared upon it must fall. It is said the act is in conflict with the constitution of the State.

It is an axiom in American jurisprudence that a statute is not to be pronounced void upon this ground, unless the repugnancy to the constitution be clear, and the conclusion that it exists inevitable. Every doubt is to be resolved in support of the enactment. The particular clause of the constitution must be specified and the act admit of no reasonable construction in harmony with its meaning. The judicial function involving such a result is one of delicacy, and to be exercised always with caution. It must be admitted that the constitution here in question contains nothing directly adverse upon the subject. But we have been referred in this connection to the following provisions: The thirty-second section of Article VI declares that 'no person, in any criminal case, shall be compelled to be a witness against himself, or be deprived of life, liberty, or property without due process of law.' Here there is no imputation of crime. The clause is confined to judicial proceedings. Article XIV, clauses six, eight, and nine, provide that the credit of the State shall not be granted to, or in aid of, any person, association, or corporation; that the State shall not be interested in the stock of any corporation, and that the State shall not subscribe to, or be interested in, any work of internal improvement, or engage in carrying on any such work, except in the expenditure of grants to the State of land or other property. In this case it is the township and not the State that is concerned. The State has done nothing, and is in nowise liable.

The present constitution was adopted in the year 1850. Before that time numerous acts involving the same principle with the one here in question had been passed by seventeen States. Congress, by the act of June 3d, 1856, granted a large quantity of land to Michigan, to be used in aid of the construction of railroads. This land was appropriated by the State to several different companies, pursuant to the provisions of the act. Other companies were subsequently aided in the same way. In 1863 began a series of special legislative acts authorizing the municipal subdivisions of the State named therein to give their aid respectively to the extent and in the manner prescribed. Between that time and the year 1869 thirty such statutes were enacted. In the latter year the general law was passed under which the bonds in question were issued. This summary shows the understanding in the legislature, and out of it, in the State, that there was no constitutional prohibition against such legislation. It does not appear that its validity was ever in any instance judicially denied until the year 1870.

The case as to the constitution is a proper one for the application of the maxim, Expressio unius est exclusio alterius. The instrument is drawn with ability, care, and fulness of details. If those who framed it had intended to forbid the granting of such aid by the municipal corporations of the State, as well as by the State itself, it cannot be that they would not have explicitly said so. It is not to be supposed that such a gap was left in their work from oversight or inadvertence.

The eleventh clause of the same article declares that the legislature shall provide a uniform rule of taxation, except as to property paying specific taxes, and that taxes shall be levied upon such property as shall be prescribed by law. The object of this provision was to prevent unjust discriminations. It prevents property from being classified and taxed as classed, by different rules. All kinds of property must be taxed uniformly, or be entirely exempt. The uniformity must be coextensive with the territory to which the tax applies. If a State tax, it must be uniform all over the State. If a county or city tax, it must be uniform throughout such county or city. But the rule does not require that taxes for the same purposes shall be imposed in different territorial subdivisions at the same time. If so a county could not levy a tax to build a court-house, jail, or infirmary without rendering it necessary for every other county in the State to do the same thing without reference to the different circumstances of each one. So here one township through which the railroad was to pass, expecting to be largely benefited by its construction, might give its bonds and impose the tax requisite to meet the principal and interest, while another township similarly situated might refuse to do so. The rule would have no application to the latter.

The second and fourteenth clauses of Article XVIII prescribe that when private property is taken for public use just compensation shall be made to the owner. These provisions relate to the exercise of the right of eminent domain.

The thirteenth clause of Article XV declares that 'the legislature shall provide for the incorporation and organization of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit.' The power here in question was exercised by a township. The language of this clause clearly implies that the powers to be restricted may be exercised; and what is implied is as effectual as what is expressed. Congress can pass no laws but such as the Federal Constitution expressly, or by necessary intendment, permits.

The legislative power of a State extends to everything within the sphere of such power, except as it is restricted by the Federal Constitution or that of the State. In the present case we have found nothing that in our judgment warrants the conclusion that the act in question is wanting in validity by reason of its unconstitutionality.

But it has been argued that aside from any constitutional prohibition the legislature had no power to authorize the imposition of a tax for any other than a public purpose, and that this act is not within that rule. Conceding for the purposes of this opinion the soundness of the first proposition, the second can by no means be admitted.

Though the corporation was private, its work was public, as much so as if it were to be constructed by the State. Private property can be taken for a public purpose only, and not for private gain or benefit. Upon no other ground than that the purpose is public can the exercise of the power of eminent domain in behalf of such corporations be supported. This view of the subject has been taken by the Supreme Court of Michigan. But upon other grounds, we think the public character of such works cannot be doubted. Where they go they animate the sources of prosperity, and minister to the growth of the cities and towns within the sphere of their influence. Unless prohibited from doing so a municipal corporation has the same power to aid in their construction as to procure water for its water-works, coal for its gas-works, or gravel for its streets from beyond its territorial limits. Under the limited powers conferred by the Federal Constitution, Congress has frequently given aid in such cases. The Pacific railroads and the Louisville canal furnish instances of such action by that body. The gift to the sufferers from the overflow of the Mississippi, and prior acts of the kind, must also be borne in mind. Cannot a State legislature do the same things?

It does not belong to courts to interpolate constitutional restrictions. Our duty is to apply the law, not to make it. All power may be abused where no safeguards are provided. The remedy in such cases lies with the people, and not with the judiciary.

We pass by without remark the point whether in cases like this the public or private character of the work is not a legislative rather than a judicial question.

It is insisted that the invalidity of the statute has been determined by two judgments of the Supreme Court of Michigan, and that we are bound to follow those adjudications. We have examined those cases with care. With all respect for the eminent tribunal by which the judgments were pronounced, we must be permitted to say that they are not satisfactory to our minds. We think the dissenting opinion in the one first decided is unanswered. Similar laws have been passed in twenty-one States. In all of them but two, it is believed their validity has been sustained by the highest local courts. It is not easy to resist the force of such a current of reason and authority. The question before us belongs to the domain of general jurisprudence. In this class of cases this court is not bound by the judgment of the courts of the States where the cases arise. It must hear and determine for itself. Here, commercial securities are involved. When the bonds were issued, there had been no authoritative intimation from any quarter that such statutes were invalid. The legislature affirmed their validity in every act by an implication equivalent in effect to an express declaration. And during the period covered by their enactment, neither of the other departments of the government of the State lifted its voice against them. The acquiescence was universal.

The general understanding of the legal profession throughout the country is believed to have been that they were valid. The National Constitution forbids the States to pass laws impairing the obligation of contracts. In cases properly brought before us that end can be accomplished unwarrantably no more by judicial decisions than by legislation. Were we to yield in cases like this to the authority of the decisions of the courts of the respective States, we should abdicate the performance of one of the most important duties with which this tribunal is charged and disappoint the wise and salutary policy of the framers of the Constitution in providing for the creation of an independent Federal judiciary. The exercise of our appellate jurisdiction would be but a solemn mockery.

The question here under consideration was fully considered by this court in Railroad Company v. County of Otoe, and in Olcott v. The Supervisors. We have no disposition to qualify anything said in those cases. They are conclusive in the case before us.

In Sedgwick on Statutory and Constitutional Law, it is said: 'It must be further borne in mind that the invalidity of contracts made in violation of statutes is subject to the equitable exception, that although a corporation in making a contract acts in disagreement with its charter, where it is a simple question of capacity or authority to contract arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted in an action founded on it to question its validity. It would be in the highest degree inequitable and unjust to permit the defendant to repudiate a contract the fruits of which he retains. And the principle of this exception has been extended to other cases. So a person who has borrowed money of a savings institution upon his promissory note, secured by a pledge of bank stock, is not entitled to an injunction to prevent the prosecution of the note upon the ground that the savings bank was prohibited by its charter from making loans of that description.' The authorities referred to sustain the text. But it is not necessary to place our judgment upon this ground. We rest it upon the other views which have been expressed, and the authority of our own preceding adjudications.

JUDGMENT AFFIRMED.

The CHIEF JUSTICE did not sit in this case, and took no part in its decision.

Justices MILLER and DAVIS dissented.


text: Talk:Township of Pine Grove v. Talcott/Opinion of the Court


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Page:History of West Australia.djvu/473

Rh days were spent by the Commission at Rottnest, and as a result of their labours the report, signed by Sir John Forrest, as chairman, caused the formation in 1886 of the Aborigines' Protection Board. A point of contention in the Constitution Act of 1890 was the decision come to by the Imperial Government to retain control over the natives of the colony and to demand that the local Government should pay according to revenue so much per annum for their support and protection. Since responsible government, local politicians have strenuously objected to paying these sums of money for purposes where they have no voice in their allocation. The Aborigines' Protection Board is still (1896) in existence under Imperial control, and Dr. Waylen is its chairman. About seven years ago a commission, with Dr. Waylen as chairman, was appointed to investigate and report on the water supplies and drainage of Perth and Fremantle; an improvement in certain sanitary arrangements and also in the water supply for each centre eventuated from its report. Horticultural and agricultural interests have, however, received special encouragement and assistance from Dr. Waylen. Throughout the course of his career he has been a redoubtable advocate for a better system of working in these industries, and he has devoted much time to developing them. He was elected president of the first general conference of horticulturists and fruitgrowers held in Perth four years ago. At the same time he was president of the Swan Vine and Fruit Growers' Association, which was the second association formed in country districts for the furtherance of vine growing. Both of these bodies gave a stimulus to the industries interested, and the results are sure to show in years to come. In 1894, Dr. Waylen was president of the Royal Agricultural Society of Western Australia, and also of the Horticultural Society.

In his profession the doctor holds first rank in the colony. He was for years president of the Board of Health as well as president of the Medical Board. He has been a governor of the Perth High School since its foundation, and was gazetted a Justice of the Peace in 1863. He was a member of the Perth Commission for the Colonial and Indian Exhibition. Dr. Waylen was first married in 1862 to a daughter of the Hon. J. W. Hardey, M.L.C. That lady dying, he married in 1887 Lady Leake, widow of the late Sir Luke S. Leake, for years Speaker of the Legislative 0ouncil.

From this short sketch it will be recognised how closely Dr. Waylen has been associated with Western Australia and how wisely he has used his position in encouraging development in local industries. He holds the most honourable of medical records in the colony, and has been able to render substantial service to his profession and the colony at large. He enjoys the respect and confidence of all West Australians, who admire his talents as a physician and surgeon, his courtesy and sense of honour as a private gentleman, his services in protecting the rights and status of the medical fraternity, and his assistance of the development of the primary industries of the soil. What Sir John Forrest has been to the colony in politics, Dr. Alfred R. Waylen has been in his particular sphere.

GEORGE GLYDE, J.P., EX-M.L.C.

HE span of human life is wide enough to bridge the history of settlement in Western Australia. It seems strange that there still survive among us men who left Great Britain in 1829 to join the bands of pioneers in this colony. Moreover, it speaks well of the geniality of our southern climes that, notwithstanding vicissitudes and hardships, these men move among us to-day, hale and hearty, evincing a healthy and paternal interest in a colony whose birth and adolescence they witnessed. They now see it taking a prominent place among the Oceanic children of the motherland, and should they live a few years more—as all hope they shall—they shall probably see it the most prosperous of any British dependency. Linked inseparably with the whole history of the colony, who is better able to judge its potentialities and requirements than these veterans?

Mr. George Glyde, J.P., reached Western Australia in 1830, and for about sixty years he has been identified with the commerce of the colony, As one who took part in local government he inaugurated useful institutions, and associated himself with progress and order and stability. Now in honoured old age, after having spent some of the best years of his life in making Western Australia what she is to-day, he has the approving sense of having turned his time and talents to the best account.

George Clyde is a native of Yoevil, Somersetshire, England, and was born in 1821. In November, 1829, Mr. Wm Glyde, his father, and three sisters, left England on the ship Rockingham, and sailed for Western Australia, of which scarcely anything was known. To the bulk of English people

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Fitcher's Bird

 * "Fitchers Vogel" (German versions) Brothers Grimm

title: Fitcher's Bird


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Page:Triangles of life, and other stories.djvu/250

 rises above a little safe "thieving" or paltry swindling, and is, therefore, never likely to need serious “outside "assistance, works for Bill for all he is worth. For a good deal more than he is worth, in fact. But in spite of the positive and unanimous testimony of "Frowsy Sal" (one time "The Red Streak"), B11l’s "piece," "Ginger," "The Red Rover," "One·Eyed Kate," "Stousher," "Pincher," and as many other equally respectable and well-known ladies and gentlemen as the Court will listen to, Bill goes up for a "sixer."

Ginger’s work doesn’t end here. Others are "pinched" and sent up, and they take messages into Bill, and arrange with certain prisoners who are "on tobacco" to help Bill, and be helped themselves when they come out. Poor Pincher being pinched, Sal says to him: "If yer do get fixed, Pincher, tell Bill I'm stickin'.

Presently the word goes round that Frowsy Sal is stickin’ ter Boko Bill, and is received, for the most part, with blasphemous incredulity by the "talent." But Sal cooks in third·rate public—houses, and were and works hard to keep the kid, the room, and the "sticks," and have a few shillings for Bill against comes out, and she keeps "the blokes" out of her kitchen. Which facts are commented on with yet further wondering blasphemy, into which creeps a note almost of reverence.

So Ginger, being Bill’s cobber, is deputed to round the hat to help Sal, because Sal is sticking to Bill. It is a furtive hat, but the money comes in, and


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S far back as I can remember, the yarn of the Hairy Man was told in the Blue Mountain district of New South Wales. It scared children coming home by bush tracks from school and boys out late after lost cows; and even grown bushmen, when going along a lonely track after sunset, would hold their backs hollow and whistle a tune when they suddenly heard a thud, thud of a kangaroo leaping off through the scrub. Other districts also had spooks and bogies—the escaped tiger, the ghost of the convict who had been done to death and buried in his irons; ghosts of men who had hanged themselves; the ghost of the hawker's wife whose husband had murdered her with a tomahawk in the lonely camp by the track; the ghost of the murdered bushman whose mate quietly stepped behind him as he sat reflecting over a pipe and broken in the back of his head with an axe, and afterwards burned the body between two logs; ghosts of victims whose murders had been avenged and of undiscovered murders that had been done right enough—all sorts and conditions of ghosts, none of them cheerful, most of them grimly original and characteristic of the weirdly, melancholy and aggressively lonely Australian bush. But the Hairy Man Rh


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Rh was permanent, and his country spread from the eastern slopes of the Great Dividing Range right out to the ends of the western spurs. He had been heard of and seen and described so often and by so many reliable liars, that most people agreed that there must be something. The most popular and enduring theory was that he was a gorilla, or an ourang-outang which had escaped from a menagerie long ago. He was also said to be a new kind of kangaroo, or the last of a species of Australian animals which hadn't been discovered yet. Anyway, in some places, he was regarded as a danger to children coming home from school, as were wild bullocks, snakes, and an occasional bushman in the D.T.'s. So now and then, when the yarn had a revival, search parties were organized, and went out with guns to find the Hairy Man, and to settle him and the question one way or the other. But they never found him.

Dave Regan, Jim Benley and Andy Page, bush mates, had taken a contract to clear and fence the ground for a new cemetery about three miles out of the thriving township of Mudgee-Budgee. Mudgee-Budgee had risen to the dignity of a three-pub town, and people were beginning to die. Up to now the casual and scarce corpses of Mudgee-Budgee or of Home Rule, a goldfield six miles to the west—the bushman who had been thrown from his horse or smashed against a tree while riding recklessly, as bushmen do, or the boozer who had died during a spree in hot weather—had to be taken to the cemetery belonging to the farming town of Buckaroo, about nine miles


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212 east of Mudgee-Budgee. This meant a nine-mile, or, in the case of Home Rule, a fifteen-mile drag, which was a long-drawn-out agony in blazing hot, dusty weather, or even in the rain when the roads were boggy. The Buckaroo undertaker could only be induced to bring his hearse out two miles along the road to meet the corpse, which was carried so far in a drag, spring cart, or wagonette. This so detracted from the dignity of Mudgee-Budgee and Home Rule, that they agreed to get a cemetery between them, and Dave Regan got the contract to prepare the ground for corpse planting.

Dave and his mates camped in an old deserted slab and bark hut which happened to stand on the ground. It was a lonely place, which stood in a dark stringy-bark bush, the nearest house being the hut of a timber-getter and his family, about two miles along the track on the Home Rule side.

It was the day after Anniversary Day. Dave and Jim were patriots, and therefore were feeling very repentant and shaky. They had spent the day at the Buckaroo races, half the night in Buckaroo, and the other half in Home Rule, where the early closing law as regarded public houses was not stringent. They had enjoyed a good time; had betted and shouted away all their cash, as well as an advance drawn on the contract, had run up scores at all the pubs, and had been in several rows, and at least three fights. They weren't sure with whom, that was the trouble, but had a drink-lurid recollection of having got off their horses several times on the way home to fight


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Rh each other. They were too sick to eat or to smoke yet; so they sat outside the hut with their nerves all unstrung and their imaginations therefore particularly active. Under these conditions, they so magnified the awful importance of the unknown and the nightmare portions of the prior night, that they felt very dismal and hopeless indeed. Dave had a haunting idea, which grew at last to be a sickening conviction, that he had insulted and had wanted to fight the big squatter of the district, from whom he had the promise of a big fencing contract. Jim had a smothering recollection of a row with the leading Mudgee-Budgee storekeeper, who gave them credit. And so they swore off drink—they were going to chuck it for good. Each was firmly resolved this time. But they said nothing about it to each other. They had sworn off mutually so often that the thing had become boresome. But the worst of it was that they had broken the bottle with the morning reviver, and had nothing to straighten up on, and their nerves were not in a fit state to allow of their going to Mudgee-Budgee at the risk of hearing some new and awful truths of last night's doings, and they hadn't the courage to ask Andy to go. They were very contrite and gentle towards him with their "Yes, Andy," and "No, Andy," and "No, thank you, Andy," when he fried chops and made coffee for them. The day before they had both sworn to him—solemnly, affectionately, and at last impatiently, and even angrily—that they wouldn't get drunk, that they wouldn't bet, that they wouldn't draw a penny on the contract, that they'd


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 so Ginger sticks to Bill through Sal. The money is from thievish hearts and thievish hands; but the hearts o' men are there all the same.

Ginger, by the way, gets two black eyes, and a blue, swollen nose, from a bigger "bloke," in an argument concerning Sal, and is hurt about it. But wait till Bill comes out!

Hearts o' men are kind to Sal in other places. The warder inside the gaol gate lays a kindly hand on her shoulder, and says, "Come along, my girl." But Sal has no use for sympathy, and little for kindness. "Blarst their eyes!" she says. "They can always ketch and gaol better men than themselves. If it wasn't for the likes of poor Bill they'd have to go to work themselves, from the Guv'nor down, blarst 'em!"

Let's have a look where Bill is, and, though I might seem to be on branch tracks from my subject, the red thread is running all through.

If you go in " under the Government," and not as a visitor, you might be the Duke of All-That-Is, and yet little Cooney, who is finishing a sentence for breakin' 'n' enterin', and is "on tobacco," is a greater man than you. Because he is on tobacco, which is worth twice its weight in gold in gaol, and can lend bits to his mates.

In gaol the initiated help the awkward newcomers all they can. There is much sympathy and practical human kindness cramped and cooped up in gaol. A good-conduct prisoner with a "billet"—say, warder or pantry-man in the hospital or observation ward, or


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214 buy a week's provisions first thing, that they'd bring the things home with them on their horses, and that they'd come home early. And now—they'd spent his money as well as their own! Andy made no remarks and asked no questions when they woke at midday; and they took his silence in a chastened spirit.

Andy Page was a patriot and a democrat, too, the most earnest of the three; but he was as obstinately teetotal as he was honest and truthful. Dave was the head of the party, but Andy was the father. Andy had, on several occasions, gone into town with Dave and Jim on pay nights—to look after them, to fight for them if necessary, and to get them home, if possible, when they'd had enough. It was a thankless job, but Andy was loved by his mates, who nevertheless, when drunk, even wanted to fight him when he stood out against "one more drink for the last." He was as strong physically, as well as morally, as the two put together; and was respected even by the publican whom he abused for serving his mates when they'd had enough. But the last spree but one had disgusted Andy. He swore he'd never go into town with them again, and like most simple-minded, honest, good-natured fellows whose ideas come slowly, who are slow at arriving at decisions (and whose decisions are nearly invariably right), when he'd once made up his mind nothing short of a severe shock of earthquake could move him. So he stayed at home on Anniversary Day, and washed and mended his clothes.

Dave and Jim were still moping wretchedly about the hut when, towards the middle of the afternoon,


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Rh an angel came along on horseback. It was Jack Jones from Mudgee-Budgee, a drinking mate of theirs, a bush-telegraph joker, and the ne'er-do-well of the district. He hung up his shy, spidery filly under a shed at the back of the hut.

"I thought you chaps would be feeling shaky," he said, "and I've been feeling as lonely and dismal as a bandicoot on a burnt ridge, so I thought I'd come out. I've brought a flask of whisky."

Never were two souls more grateful. Bush mateship is a grand thing, drunk or sober.

Andy promptly took charge of the whisky, and proceeded to dole out judicious doses at decent intervals.

Jack, who was a sandy-complexioned young fellow with the expression of a born humorist, had some news.

"You know Corny George?" They had heard of him. He was an old Cornishman who split shingles and palings in the Black Range, and lived alone in a hut in a dark gully under the shadow of Dead Man's Gap.

"He went in to Buckaroo to the police station yesterday," said Jack Jones, "in a very bad state. He swore he'd seen the Hairy Man."

"The watter?"

"Yes, the Hairy Man. He swore that the Hairy Man had come down to his hut the night before last, just after dark, and tried to break in. The Hairy Man stayed about the hut all night, trying to pull the slabs off the walls, and get the bark off the roof, and didn't go away till daylight. Corny says he fired at him two or three times, through the cracks, with his


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216 old shot gun, but the Hairy Man didn't take any notice. The old chap was pretty shaky on it."

"Drink, I s'pose," grunted Andy contemptuously

"No, it wasn't drink. They reckoned he'd been 'hatting' it too long. They've got him at the police station."

"What did he say the Hairy Man was like?" asked Jim Bentley.

"Oh, the usual thing," said Jack. "'Bout as tall as a man and twice as broad, arms nearly as long as himself, big wide mouth with grinning teeth and covered all over with red hair."

"Why, that's just what my uncle said he was like," exclaimed Andy Page, suddenly taking great interest in the conversation. He was passing in with some firewood to stick under a pot in which he was boiling a piece of salt beef; but he stood stock still and stared at Jim Bentley, with the blank, breathless expression of a man who has just heard astounding news.

"Did your uncle see the Hairy Man, Andy?" inquired Dave Regan feebly. He felt too sick to take much interest.

"Yes," said Andy, staring at Jack with great earnestness. "Didn't I tell you? He was drivin' home up the pass to Dead Man's Gap, where he lived then, and he seen the Hairy Man, bundlin' off among the rocks."

Andy paused impressively, and stared at Jack.

"And what did your uncle do, Andy?" asked Jack, with a jerky little cough.

"He stood up in the cart and hammered into the


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Rh horse, and galloped it all the way home, full-bat up to the door; then he jumped down, leaving the cart and horse standing there, and went in and lay down on the bed, and wouldn't speak to anybody for two hours."

"How long?" asked Jim, still feebly.

"Two hours," said Andy earnestly, as he went in with the firewood.

Jack Jones proposed "a bit of a stroll"; he said it would do them good. He felt an irresistible inclination to giggle, and wished to get out of the hearing of Andy, whom he respected. As they slouched along the track there was an incident which proved the state of their nerves. A big brown snake whipped across the dusty path into a heap of dead boughs. They stared at each other for a full minute, then Jack summoned courage to ask—

"Did you chaps see that snake?"

"Yes," and so it was all right. Then they put a match to the boughs, and stood round with long sticks till the snake came out.

They went back to the hut, and managed a cup of coffee. Presently they got on to ghost and Hairy Man yarns again.

"That was God's truth," said Jack, "that yarn I told you about what happened to me going up Dead Man's Pass. It was just as I told you. I was driving slowly up in that little old spring cart of mine, when something I don't know what it was made me look behind, and there was a woman walking along behind the cart with her hands on the tail-board. It was just


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 cook or assistant in some position which enables him to move about—will often risk his billet, food and comfort (aye and extra punishment) in order to smuggle tobacco to a prisoner whom he never met outside, and is never likely to meet again. And this is often done at the instance of the prisoner's mate. Mateship again!

True mateship looks for no limelight. They say that self-preservation is the strongest instinct of mankind; it may come with the last gasp, but I think the preservation of the life or liberty of a mate—man or woman—is the first and strongest. It is the instinct that irresistibly impels a thirsty, parched man, out on the burning sands, to pour the last drop of water down the throat of a dying mate, where none save the sun or moon or stars may see. And the sun, moon and stars do not write to the newspapers. To give a weaker "partner" the last sup of coffee, or bite of boiled beans and bacon, on the snow wastes of Alaska, when the rim of the sun only touches the rim of the south at noon. To give up the only vacant place in the boats at sea, and die that perhaps most dreaded of all deaths the deaths—by drowning in mid-ocean.

And the simple heroes of common life! They come down to us from a certain Samaritan who journeyed down to Jericho one time, and pass—mostly through Dickens in my case. Kit Nubbles, the uncouth champion of Little Nell! The world is full of Kits, and this is one of the reasons why the world lasts. Young John Chivery, turnkey at the Marshalsea, who loved


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218 above the spot where the hawker's wife was murdered. She was dressed in black, and had black hair, and her face was dead white. At first I thought that it was some woman who wanted a lift, or a chap in woman's clothes playing the ghost, so I pulled up. And when I looked round again she was gone. I thought she'd crouched under the cart, so I whipped up the horse and then looked round again, but there was nothing there. Then I reckon I drove home as fast as Andy's uncle did. You needn't believe me unless you like."

"Thunderstorm coming," said Dave, sniffing and looking round the corner to the east. "I thought this weather would bring something."

"My oath," said Jim, "a regular old-man storm, too."

The big, blue-black bank of storm cloud rose bodily from the east, and was right overhead and sweeping down the sunset in a very few minutes. Then the lightning blazed out, and swallowed up daylight as well as darkness. But it was not a rain storm—it was the biggest hail storm ever experienced in that district. Orchards and vineyards were stripped, and many were ruined. Some said there were stones as big as hen's eggs; some said the storm lasted over an hour, and some said more—but the time was probably half or three-quarters of an hour. Hail lay feet deep in the old diggers' holes for a fortnight after. The mates half expected the hail to come through the roof of the hut.

Just as the storm began to hold up a little, they heard a louder pattering outside, and a bang at the


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Rh door. The door was of hardwood boards with wide cracks; Andy rose to open it, but squinted through a crack first. Then he snatched the big crowbar from the corner, dug the foot of it into the earth floor, and jammed the pointed head under a cross piece of the door; he did the same with a smaller crowbar, and looked wildly round for more material for a barricade.

"What are you doing? Who is it, Andy?" wildly cried the others.

"It's the Hairy Man!" gasped Andy.

They quickly got to the door and squinted through the cracks. One squint was sufficient. It was the Hairy Man right enough. He was about as tall as an ordinary man, but seemed twice as broad across the shoulders. He had long arms, and was covered with hair, face and all. He had a big, ugly mouth, and wild, bloodshot eyes. So they helped Andy to barricade the door.

There was another bang at the door. A cart rattled past, a woman screamed, and the cart went on at an increased pace. There was a shot-gun hanging on the wall, loaded—Andy had left it loaded to save ammunition the last time he'd been out kangaroo shooting. Andy, like most slow-thinking men, often did desperate things in a crisis. He snatched down the gun, stepped back a pace or two, aimed at the door low down, and fired. He doesn't know why he aimed low down—except that it "was too much like shooting at a man." They heard a howl, and the thing, whatever it was, running off. Then they barricaded the door some more ere they scanned the door planking


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220 and found that about half the charge had gone through.

"The powder must have got damp," said Andy. "I'll put in a double charge to make sure," and he re-loaded the gun with trembling hands. The other three bumped their heads over the whisky. They can't say for certain how they got through that night or what they said or did. The first idea was to get out of there and run to Mudgee-Budgee, but they were reluctant to leave their fort. "Who'd go out and reconnoitre?" "Besides," said Jack Jones, "we're safer here, and the thing's gone, whatever it was. What would they think of us if we went into town with a yarn about a Hairy Man?" He had heard his horse breaking away, and didn't care to take the chance of being chased on foot.

About an hour later they heard a horse galloping past, and, looking through the cracks, saw a boy riding towards Mudgee-Budgee.

"It's young Foley," said Jack, "the son of that old timber-getter that's just taken up a selection along the road near Home Rule."

"I wonder what's up?" said Andy. "Perhaps the Hairy Man's been there. We ought to go along and help."

"They can take care of themselves," said Jack hurriedly. "They're close to Home Rule, and can get plenty of help. The boy wouldn't ride to Mudgee-Budgee if there was anything wrong."

The moon had risen full. Some two or three hours later they saw Mahoney, the mounted constable, and the young doctor from Buckaroo, ride past towards Home Rule.


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Rh "There's something up, right enough," said Jim Bentley.

Later on, about daybreak, Andy was sitting obstinately on guard, with the gun across his knees and the others dozing on the bunks (and waking now and then with jerks), when Constable Mahoney rode up to the door and knocked a business knock that brought them all to their feet.

Andy asked him to come in, and placed a stool for him, but he didn't see it. He looked round the hut.

"Whose fowlin' piece is that?" he asked.

"It's—it's mine," said Andy.

Mahoney took the gun up and examined it.

"Is this fowlin' piece loaded?" he asked.

"Yes," said Andy, "it is."

"Now, listen to me, boys," said the constable. "Was the fowlin' piece discharged last night?"

"Yes," said Andy, "it was."

"What's up? What have we done?" asked Jim Bentley, desperately.

"Done?" shouted Mahoney. "Done? Why, you've filled old Foley's legs with kangaroo shot. That's what you've done! Do you know what that is?"

"No," said Jack Jones. He was thinking hard.

"It's manslaughter!" roared Mahoney. "That's the meanin' of it!"

They explained what had happened as far as they were able. Now, Mahoney had a weakness for the boys, and a keen sense of humour—outside himself.

"Best come along with me," he said.

Andy had a stiff Sunday sac suit, of chocolate


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222 colour, and a starched white shirt and collar, which he kept in a gin case. He always put them all on when anything happened. On this occasion he fastened his braces over his waistcoat, and didn't notice it until he had gone some distance along the road.

There was great excitement at Foley's shanty—women and children crying, and neighbours hanging round.

Foley was lying on his face on a stretcher, while the young doctor was taking shot from the hairiest leg that Regan and Co. had ever seen on man or beast. The doctor said, afterwards, that some of the shot had only flattened inside the outer skin, and that others had a covering of hair twisted round them. When Foley was turned round to give his "dispositions," as Mahoney called them, they saw that he had enough hair on his chest to stuff a set of buggy cushions. He had red whiskers all over his face, rusty-red, spikey hair all over his head, and a big mouth and bloodshot eyes. He was the hairiest and ugliest man in the district.

His language was hardly understandable, partly because of the excitement he was still labouring under, and partly because of his peculiar shade of brogue. Where Mahoney said "shtone" Foley would say "stawn"—a brogue with a drawl which sounded ridiculous in an angry man. He drawled most over his oaths.

It seems that he was splitting fencing timber down "beyant the new cimitry," when the storm came on. He thought it would be the usual warm thunderstorm, and it was too far to run home. He didn't want to get wet, so he took his clothes off, and put them in a


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Rh hollow log till the storm should be past. Then the lightning played round his tools—the cross-cut saw, axe, wedges, etc.—and he had to get away from there. He didn't bargain for "thim blanky hail-sta-w-ns." "It's a wonder I wasn't scalped and drilled full of hawls." He thought of the hut, and made for it, but they wouldn't let him in. Then he suddenly saw some women in a tilt cart comin' round a bend in the road, and saw no chance of getting out of sight—there was a clearing round the hut, and so he banged at the door again. "I thawt the wimmin would stop."

"Whoy did ye think that?" asked Mahoney. "What would they shtop for?"

"How th' hell was I to know?—curiosity, I suppose. They welted into their old hawse, an', as I turned to look after thim, the murderin' villains inside shot a gun at me. I got back to me clawthes, an' dressed somehow. Some one will have to pay for it. I'll be laid up on me back for six weeks."

The young doctor excused himself, and went out for a few minutes. Mahoney winked at Regan and party—a wink you could hear—and it comforted them mightily. When they went out they saw the doctor hanging to a sapling, some distance from the hut. He swung with his back to the sapling, and slid to the ground, his legs stretched out in front of him, He said he would be all right presently.

The thing was fixed up, but the young doctor wanted badly to have the case brought into court. He said it would cheer up the district for years, and add ten years to the life of the oldest inhabitant.


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The American Journal of Sociology/Volume 02

Articles

 * Blackmar, F. W.The Smoky Pilgrims
 * Bliss, H. L.Eccentric Official Statistics
 * De Grafenried, Clare.Some Social Economic Problems
 * Ellwood, C. A., trans.The Le Play Method of Social Observation
 * Fairchild, E. M.The Function of the Church
 * Hart, H. H.Immigration and Crime
 * The German Inner Mission: III
 * Howerth, I. W.Profit Sharing at Ivorydale
 * Howerth, I. W.A Programme for Social Study: I
 * Kelley, Florence.The Working Boy
 * Macy, Jesse.The Swiss and their Politics
 * .Christian Sociology: VI. Social Life
 * .Christian Sociology: VII. The Forces of Human Progress
 * .Christian Sociology: VIII. The Process of Social Regeneration
 * .An American System of Labor Pensions
 * .Insurance against non-Employment
 * Muensterberg, E.Principles of Public Charity and Private Philanthropy in Germany: I
 * Muensterberg, E.Principles of Public Charity and Private Philanthropy in Germany: II
 * Abstract and Practical Ethics
 * Passy, Frederick.Peace Movement in Europe
 * Rauschenbusch, Walter.The Ideals of Social Reformers
 * Social Control: III. Belief
 * Social Control: IV. Suggestion
 * Social Control: V. Religion
 * Social Control: VI. Ideals
 * Social Control: VII. Assemblage, Ceremonies
 * Sharp, F. C.The Criterion of Distributive Justice
 * .Superiority and Subordination as Subject-Matter of Sociology I
 * .Superiority and Subordination as Subject-Matter of Sociology II
 * Some Demands of Sociology upon Pedagogy
 * Talbot, Marion.Sanitation and Sociology
 * The Present Status of Sociology in Germany: I
 * The Present Status of Sociology in Germany: II
 * The Present Status of Sociology in Germany: III
 * Tourgée, A. W.The Reversal of Malthus
 * The Social Forces
 * The Mechanics of Society
 * The Purpose of Sociology
 * Social Genesis
 * Individual Telesis
 * Collective Telesis
 * Productivity of Municipal Enterprises
 * Wood, S. T.Some Economic Losses in the Building Trades
 * Zueblin, Charles.A Sketch of Socialistic Thought in England

Reviews

 * Abbott, Lyman.Christianity and Social Problems.—C. R. Henderson
 * Adams, Brooks.The Law of Civilization and Decay.—B. S. Terry
 * America and Europe.—H. P. Judson
 * American Conference and International Arbitration.—C. R. Henderson
 * Andrews, E. B.History of the Last Quarter Century in the United States.—A. W. Small
 * Annales de l'Institute International de Sociologie.—A. W. Small
 * Binet, Alfred.Alterations of Personality. —J. R. Angell
 * Blackmar, F. W.The Story of Human Progress. —A. W. Small
 * Bosanquet, Mrs. Bernard.Rich and Poor.—C. R. Henderson
 * Bouglé, C.Les Sciences Sociales en Allemagne.—A. F. Bentley
 * Bradford, A. H.Heredity and Christian Problems.—C.R. Henderson
 * Brinton, D. G.An Ethnologist's View of History.—A. W. Small
 * Chamberlain, A. F.The Child and Childhood in Folk Thought.—W. I. Thomas
 * Commons, J. R.Proportional Representation.—F. W. Sanders
 * Dewey, John.The Study of Ethics.—A. F. Bentley
 * Doggett, L. L.History of the Young Men's Christian Association, Vol. I.—C. R. Henderson
 * Donald, E. W.The Expansion of Religion.—C. R. Henderson
 * Eckenstein, Lina.Women under Monasticism.—W. I. Thomas
 * Ede, W. M.The Attitude of the Church to Some of the Social Problems of Town Life.—C. R. Henderson
 * Fairbanks, Arthur.An Introduction to Sociology.—A. W. Small
 * Giddings, F. H.The Principles of Sociology.—A. W. Small
 * Godkin, E. L.Problems of Modern Democracy.—A. W. Small
 * Hadley, A. T.Economics.—A. W. Small
 * Hake, A. E. & Wesslau, O. E.The Coming Individualism.—F. W. Sanders
 * Hale, W. B.The New Obedience.—C. R. Henderson
 * Harris, George.Moral Evolution.—C. R. Henderson
 * Hirsch, William.Genius and Degeneration.—H. H. Donaldson
 * Le Bon, Gustave.The Crowd: a Study of the Popular Mind.—A. F. Bentley
 * Mallock, W. H.Classes and Masses.—C. R. Henderson
 * Morrison, W. D.Juvenile Offenders.—C. R. Henderson
 * Nicholson, J. S.Strikes and Social Problems.—C. R. Henderson
 * Nitti, F. S.La Population et le Systéme Social.—C. R. Henderson
 * Novicow, J.Conscience et Volonté Sociales.—A. W. Small
 * Posada, Adolphe.Théories Moderne ssur les Origines de la Famille de la Société et de l'État.—C. R. Henderson
 * Proceedings of the National Conference of Charities and Corrections.—C. R. Henderson


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 Little Dorrit! There was never a gentleman in all his family, he said; but he stood, in the end, the greatest gentleman in that book. All the others had something to gain—either money, fame, or a woman's love; but he had nothing. Mark Tapley, poor Tom Pinch, and simple Jo Gargery, Cap'n Cuttle, and—and Newman Noggs. Newman Noggs, the drink-ruined scarecrow and money-lender's drudge, wiping little Kate Nickleby's eyes with something that might have been his handkerchief, but looked like a duster, and risking his very bread to fight for her afterwards. Newman was a gentleman once, they said, and kept his dogs. I think he was a gentleman yet. And little Snagsby, the mild and the hopelessly henpecked, with his little cough of deference behind his hand, and his furtive half-crown for a case of distress.

The creed of mateship embraces an old mate's wife, sons and daughters. "Yes, I'll lend you the money, Jack; don't mention it—your father an' me was mates on the diggings long before you was thought of, my boy." Or, simply: "I'm an old mate of your father's."

Mateship extends to an old absent mate's new mates and friends; as with the present generation of Bush mates: "Why!"—with a surprised and joyful oath, and a mighty clout on back or shoulder—"Did you know Bill? Comeanavadrink!! "And, when you get confidential: " You don't happen to be stiff, do you? Don't be frightened to say so! There's always a quid or two there for any of blanky old Bill's friends as is hard up! " (Bill is still young, by the way.)


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 And the mighty burst of joyous profanity when two Bush mates meet after a separation of some years!

Visiting an old mate in the hospital! The broad grins! Bill wasn't used to being fixed up like that in the old days, with pretty nurses, in caps and uniforms, gliding round him. But there was a woman——

Bill-o'-th'-Bush being dead, Jim and mates bury him, and Jim blubbers and is unashamed. Later it is Jim's sad duty to take round the hat and gather in the quids for poor Bill's missus and kids. And Jim sticks to them, and helps them all he can; though Bill's missus always hated Jim like poison, and Jim "could never stand her."

In ordinary cases, when a man or woman is in a hole—and the man need not be a saint, nor the woman any better than she ought to be, either—the hat is started round with bad swear words of unnecessary vehemence, lest some —— might cherish a suspicion that there is any —— sentiment behind it at all. "Chuck in half a quid and give the poor —— a show! "

Another kind of case—a little story of two men who went up and down in the world. One mate went up because Fortune took a fancy to him, and he didn't discredit Fortune; the other went down because he drank, and Luck forbore to camp by his fire. In later years the pair came together, and the mate who was up gave the mate who was down a billet in his business in town, and bore with him with boundless patience, and took him back time and again. And it came to


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 Australia was a terra incognita—a great shadowland of barbarism, mighty forests, strange beasts, brilliant blooms, and giant ferns—a land of which they had heard, but which few of them were adventurous enough to set forth to see. To depart from England for the southern land meant leaving all they held most dear, and separating themselves by a distance greater than they could then conceive. The Rockingham took five and a half months to reach a West Australian port, where it arrived in the first week of May. They anchored five miles from Clarence, and their port was christened Rockingham. The first introduction of this band of pioneers to Western Australia was not a happy one. The Rockingham anchored off the shore, surrounded by four other boats—the Marquis of Anglesea, Emily Taylor, Thames, and the brig James. Night prevented the people leaving the Rockingham, and it was intended to send them ashore next morning. Before morning a terrific storm smote the little fleet; the five vessels slipped their anchors and were cast upon the beach. Boats were put off from the Rockingham, and the unhappy emigrants were landed in the surf. George Glyde was seized in the water by one who afterwards became a worthy pioneer of the colony—Captain John Thomas. Dawn saw the beach strewn with wreckage of the five stranded vessels, whose hulls loomed high amid the surf in the magnifying first gleams of morning. The Glyde family remained at Rockingham for a few months, and erected a little hut in which they lived. The prospect before them then was very gloomy. While the son executed small duties round Rockingham, Mr. Wm. Glyde went to Mandurah, on the Murray River, and unavailingly endeavoured to procure some opening for his enterprise, and the family removed to Fremantle, where some friends were settled. They lived with these companions of their previous life for some little time until they raised a cottage of their own, father and son working together at this and other tasks. Men of means soon began to take up land in eligible spots on the banks of the Swan, and to improve them as far as the difficulties under which they laboured would allow. In 1835 the Glyde family went to Perth to reside, and worked hard for some years. The necessaries of life were scarce and dear; but the family managed to do fairly well, and in their quiet provincial life looked forward hopefully to the future. At the time their experiences were not pleasant, but Mr. Glyde can look back to them with satisfaction, for they laid the foundation of his fortune.

In 1840, Mr. George Glyde went back to the old country, and visited the scenes of his childhood. He was able to tell his former companions many tales which astonished them; and, appearing in their eyes as a second Robinson Crusoe and a much travelled man, he afforded them constant amusement and food for reflection. March, 1841, found him again in Western Australia. He now entered the house of Messrs. Lionel and William Sampson, general merchants. Remaining with them from March, 1841, till 1843, he gained a useful experience in colonial business affairs. In the latter year he married the eldest daughter of Mr. Robert Draper, a farmer at Beverley. A strange coincidence creeps in here, for Mrs. Glyde was a passenger in the brig James, which was stranded with the Rockingham at Rockingham port. The auspicious event, which was celebrated in a house opposite to where he now resides in Adelaide Terrace, heralded a new and prosperous era for Mr. Glyde. He immediately went into business on his own account, and never since that day has he been a servant. As an importer of merchandise and an indentor of goods he succeeded in making a good living, and his trade increased with the years. He confined his attention to this business until 1870. During that period many changes took place in the colony, and though the progress was not great it was slow and sure. The convicts had come, and with them a more prosperous condition of affairs. Meanwhile Mr. Glyde's sons were growing into manhood, and to provide for them he took over the grocery, drapery, and general store of Mr. Henry Dew, and conducted it under the name of G. Glyde and Sons. At first his son, Samuel Hallett Glyde, alone assisted him, but subsequently Messrs. W. H. D. Glyde and F. H. Glyde joined him. This business was situated in Hay Street, and paid its proprietors good profits. In 1880, Mr. Glyde made a second visit to Old England, and on his return handed over the active management of the business to his sons. He now contented himself with casually supervising his interests, and led a comparatively retired life. But trouble came upon him in the death of his sons. The eldest, Mr. Samuel H. Glyde, died in 1877, and Mr. F. H. Clyde succumbed in 1887, and the sole surviving partner in the business, Mr. W. H. D. Glyde, followed his brothers to the grave in 1892. Broken by such sad losses, Mr. Glyde, in 1892, finally relinquished his business. Happily, through all his bereavements his wife, the companion of some fifty-three years, is still spared to him, while his two surviving sons hold positions of trust in the Civil Service. Thus, Mr. G. F. Glyde is the Collector of Inland Revenue, and Mr. A. H. Yoevil Glyde is Assistant Registrar of Titles.

Mr. Glyde has had an extended and honourable connection with public affairs in Western Australia. He has not been by any means idle, and has done what he could in assisting the development of the colony, of which he is so necessary a part. He helped in the formation, in October, 1862, of the Perth Benefit Permanent Building and Loan Society, an institution which has proved of peculiar benefit to many colonists. He is, and has been for twenty years, president of the body, and is the only remaining member of the original directors. In 1867 he entered the old Perth Town Council, and shortly after his entrance became its treasurer; and in 1869 was chosen chairman, and filled that position for four and a half years. In 1867 Governor Hampton laid the foundation-stone of the present Perth Town Hall, and in 1870, as senior councillor and chairman of the municipality, the building was formally handed over to Mr. Glyde, in the interests of citizens, by Governor Weld. In 1873 he was gazetted a Justice of the Peace, and retiring from the Council in the same year, Governor Weld immediately created him a nominee member of the Legislative Council. He took up his Parliamentary duties and quietly assisted the Government of the colony for many years. In 1874 he was elected Chairman of the Perth Board of Education, and held that position until 1877. During the reigns of Governors Weld, Robinson, Ord, and Broome, Mr. Glyde continued to sit in the Legislative Council, but in 1887 he resigned. He had performed useful services for the colony in Parliament, but owing to the death of his son he desired to be relieved of his duties. Then came the inauguration of Responsible Government. It was not right that one who had so long been associated with the growth and aspirations of the colony should now be absent from Parliament, and probably recognising this, in 1892, Sir John Forrest nominated Mr. Glyde to a seat in the new Legislative Council. For two years

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Rh the old pioneer sat, but when the Upper Chamber became wholly elective he preferred not to bear the trials of an election, and permanently withdrew from the halls of Parliament.

Few such excellent examples of a worthy pioneer can be found in Western Australia as Mr. Glyde. A man of method and full of courtesy, honourable and conscientious, he bears his years well, and retains his faculties almost in their pristine vigour. One might say that he knows Western Australia "by heart." A father of the colony, he earnestly sympathises with her in her struggles, and her prosperity makes him glad.

STEPHEN STANLEY PARKER, J P., EX-M.L.C.

T must be exceedingly pleasant to a pioneer to take a retrospect of his career. The first few years spent in the old country amidst charming scenes and associations will ever hold a dear place in his memory. A man does not forget the scenes of his youth, and often looks longingly back to them. Then comes the day when he embarks on some old-time sailing vessel and passes day after day and weeks of quiet life, with hopes of the brightest hue, drawing pictures of his colonial career and the subsequent home-going, rich and charitably inclined. He lands on Australian soil and sees before him a comparatively unknown country. Although he meets many difficulties, and doubtless many disappointments, yet there is a charm in the new strange life, which now looms more attractive in his imagination after the lapse of years. Quick are his movements, and quick the transformations. Working quietly and determinedly he extends his possessions. At first he intends spending but a few years in the colonies, but they become so satisfying that he determines to make his home here. He remembers the steady increase year by year of population, and the foundation of towns—and, perchance, of cities. Industries are established which are felt at the uttermost parts of the earth. Sylvan beauty is changed and peace and plenty are taking its place. Yet, though his position may now be ever so much more comfortable, the thoughts of olden days revive the wish that he might live them over again. Unmistakeably, it is a pleasant retrospect.

No short sight can peer back a distance of nearly eighty years, but Mr. S.S. Parker, J.P., ex-M.L C., can do this. He has been in Western Australia since the dawn of its history, and naturally he has had many strange experiences. It is a stirring sight, that of the witnessing the rising on the horizon of a large new community. His years in the colony have been well spent, and he has maintained a name which commands respect. Stephen Stanley Parker is a native of Lyminge, Kent, England, and was born on 24th May, 1817. Like many other West Australians, his father, Mr. Stephen Parker, came to the colony in connection with the extensive land proposals of Mr. T. Peel. Mr. Parker's special mission was to represent several gentlemen who desired to acquire land from Mr. Peel, but as the latter was unable to carry on his intentions the pioneer went to Guildford and began agricultural operations. He brought his family with him from home, and thus Mr. S. S. Parker arrived in February, 1830. The efforts of Mr. Parker, sen., in tilling the soil were necessarily somewhat modest. It was no easy matter to clear the ground and then prepare it for the seed, and it must have been a strange sight some time later for the natives to observe the plough overturn the sweet-smelling virgin turf. From Guildford Mr. Parker went to York, where he combined grazing and farming, principally devoting his energies to the former. He erected his home at Northbourne, ten miles from York, and there he continued in the Australian bush during the remainder of his life. About seventeen or eighteen years ago he died, when eighty-four years of age. His son succeeded to the property, which he still owns. The estate comprises 2,500 acres of rich land, and about 1,000 sheep feed on its pastures.

Mr. S.S. Parker remained with his father until 1844. His earlier colonial career was entwined with the vicissitudes of the colony, and he well remembers the struggles made by pioneer settlers to secure a bare living in West Australia. Unfortunately, their hardships exceeded those experienced in other Australian colonies, and what with scarcity of food supplies, distance to the markets, and conflicts with the natives, they might well have wished themselves back in England. But they persisted, and out of their persistence came the prosperity of more recent years.

The year 1844 is celebrated for two important events in Mr. Parker's career. In the first place he was married to a daughter of Mr. John Sewell, of Northam; and secondly, he

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 immediately afterwards branched out in business for himself. He became a grazier and agriculturist at York, in a small way to begin with; but by fair seasons and good management he was soon able to increase his acreage. He bought a property hard by his original land, which, however, he relinquished in five years' time to purchase 4,000 acres from Mr. R. H. Bland, Government Resident of York, who died about two years ago in Melbourne, This estate is in the York district, and has proved lucrative. Some twelve months afterwards Mr. Parker acquired several leases, and thereby considerably increased the extent of land open for his enterprise. Quietly supervising and managing these years passed. About 1858 he erected a steam flourmill in York, which he conducted in conjunction with his pastoral and farming pursuits. From that year he continued in business until February, 1882, when he retired and took up his abode in Perth, where he well bears his revered old age. Mr. Parker never experienced any difficulties with natives. He treated them with uniform kindness and firmness, and recognising this the blacks came to respect him. His father showed him this excellent example. While living in Guildford serious disturbances took place between the natives and the small white population, and it was to the late Mr. Stephen Parker's house that the poor natives went to make terms of peace. They placed implicit trust in him.

Mr. S.S. Parker was created a Justice of the Peace by Governor Weld in the sixties. He rendered considerable assistance to local government in York, and was eight years chairman of the Roads Board, and was also a member of the Town Council. He was esteemed as one of the prominent men in the colony, and Governor Robinson during his first term of office appointed him a nominee member of the Legislative Council. For eight years he sat in the Council under the terms of office of Governors Robinson, Ord, Robinson, and Broome, retiring shortly after the last-named gentleman took up the gubernatorial duties. He was a useful member of the Legislature, and showed an intelligent interest in the deliberations. Mr. Parker now takes little part in public matters. He is a member of the Aborigines Protection Board, and, because of his sympathy for and experience among the natives, he renders material assistance in their government and protection. He is a Diocesan trustee in the Church of England in Western Australia,

The sons of Mr. Parker have prominently identified themselves with the colony. Foremost is Mr. S. H. Parker, Q.C., M.L.C., whose biography is published in these pages. Mr. Edward Parker manages the Northbourne estate. Mr. George Parker is in partnership with Mr. S.H. Parker in his legal practice; and Messrs. James and John W. Parker are in partnership in connection with their father's other properties. These have become very valuable since the foundation of Coolgardie.

Nearly eighty years of age, Mr. S.S. Parker survives to tell the story of early settlement in Western Australia. The many years of his life have been borne with quiet dignity, and there are few such highly-respected gentlemen in the colony. He has not been idle, and many of his good works are memorialised.

THE HON. ANTHONY O'GRADY LEFROY, C.M.G.

N the day of the prosperity of Western Australia it is an especial pleasure to write of the founders of the colony, of the men who through the long lean years antecedent to the discovery of gold did the State good service with unwavering fidelity, who were not to be tempted from their allegiance by the brighter fortunes of neighbouring states. Of these pioneers none had to face greater discouragements, and in many cases privations, than those who went out into the solitudes to reclaim the wilderness and to make homes upon the land. In developing the producing resources of the colony they had to be full of self-reliance, of tenacious courage, for the nascent Government could lend them no helping hand to smooth their early difficulties.

Every man of this advance guard of civilisation had to carve out his career, to prove his virile quality, if he were to maintain his foothold in the new country or to become the architect of his fortune. Railroads and bridges—the means of access to market—were unknown; the natives were troublesome, the soil comparatively poor; the rainfall so slight that most of the rivers were dry for more than half the year. Schools and telegraph communication could only be hoped for in the future. It was a serious undertaking to get stud sheep and cattle to stock a station, for the shipping trade was in its infancy; labour was scarce, profits small, the country unfenced and unimproved, and sometimes threatened with drought. It was necessary to build houses with the rudest

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 husband on the dyke. When the judge came to visit his daughter he asked where he should eat. ‘Here on the dyke,’ said the robber. ‘But where is the food?’ ‘I will get it presently,’ he said. So he walked along the road and stole a young female buffalo, and brought it back and cooked it. The judge said: ‘I cannot eat this: it is unclean; its mother is calling for it.’ ‘No,’ said the robber (ḥarâmi), ‘it is clean, for I did not buy it but stole it.’ (So he knew that it was not ḥarâm in any way.) ‘Here is half of it for your uncle’s wife.’ Thereupon the judge took the half and asked no more questions—as it was for his uncle’s wife.”

IX.

“A Nubian cook came to Cairo and offered his services. ‘Can you cook?’ ‘Yes,’ he replied, ‘everything.’ So he took the meat and the chicken and the spinach and the tomatoes and the egg-plant and cooked them all together in the same dish. When the waiter brought it to the master of the house he thought it was soup. Then he asked for the next course. But there was nothing. So the cook was called, and the master said: ‘Is it not a disgrace that you should send all this food to me in this way?’ ‘Wallah!’ said the Nubian, ‘Hasan Kâshif (the ruler of Nubia before its conquest by Mohammed Ali) never ate anything like this!’”

X.

A man had a donkey with which he went to town. He walked by the side of it, and on the way met another man. ‘Peace be to you!’ said he. ‘Peace be to you!’ replied the other. Then they began to talk. Presently he asked the other: ‘What is your name?’ ‘Ez-Zûr (Necessity),’ he answered. ‘What is yours?’ ‘El-Ḥaqq (Right),’ he replied. After a little Ez-Zûr asked if he might ride on the donkey a short distance as he was tired.

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184 So he mounted the donkey. When they came near the town El-Ḥaqq asked him to dismount. ‘Please let me go a little further,’ he replied. El-Ḥaqq consented. Then they came to the town and El-Ḥaqq claimed his donkey. ‘It is mine,’ said Ez-Zûr. El-Ḥaqq appealed to the people, but when they heard ‘El-Ḥaqq mâshi’ (‘El-Ḥaqq is walking,’ but literally ‘it is right that he is walking’) they thought the donkey must belong to Ez-Zûr. So El-Ḥaqq lost his donkey.”

“There was a man who had a son. He wanted a cradle for him; so he went to the carpenter and asked him to make a cradle, giving him a rîyal (4s.) in advance. As the cradle was not brought to him he went again to the carpenter, who said: ‘It is not finished yet; give me a little more time.’ Still the cradle did not come, and though he paid many visits to the carpenter it remained unfinished. The son ceased to be an infant and grew up and became a man. He married and had a son of his own. So his father said: ‘Go to such and such a carpenter and get the cradle which I ordered to be made twenty years ago.’ The son went to the carpenter and asked him for the cradle. But the carpenter said: ‘I cannot bear to be hurried: take back your money.’”

“There was a Coptic priest in Bahgûra who visited a parishioner and was offered ’araki. He said: ‘I will take a little, but no more.’ As they talked, he sipped it. Then the parishioner asked him to drink a little more to the health of his wife. This he drank. Then a little more was poured out in the name of the son-in-law. So this went on until the priest was drunk and had to be lifted on to his donkey. As he went home he fell off the donkey into a

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314 The Commonwealth and Protectorate (1649-1660), which became the Government of England after the execution of Charles I, were in reality but a military despotism. Cromwell's will was supreme, as the real power lay in his army. At the head of a troop of soldiers he expelled Parliament, "the speaker being dragged from his chair and the members driven after him." The new Parliament which he summoned adopted the Constitution known as "Instrument of Government." Cromwell, who by this Constitution (1653) was made Lord Protector or President for life, arrogated the authority of a king. He repressed with extreme severity the revolt of the Irish, many of whom were deported and sold as slaves in the West Indies. England was divided into military districts ruled by martial law and with despotic power. All Catholic priests were banished; and no books or papers could be published without permission of the Government. During the latter part of his life Cromwell was in such dread of being murdered that he constantly wore concealed armor. When he died in 1658 he was succeeded by his son Richard (September 3), who, however, remained in office but little over seven months, the military chiefs compelling him to abdicate on the 22d of April, 1659. Parliament was expelled by the army and the country was left without any organized government. Insecurity and anxiety provoked a reaction. General Monk invaded England and monarchy was restored upon Charles II ascending the throne. As soon as Charles II (1660-1685) had become King, he began to avenge his father's death. The regicides were either put to death or imprisoned for life. Violent religious persecutions ensued. The Dissenters, all those who were not Episcopalians, were dealt with with the utmost severity; they were sent to jail, fined, and even sold into slavery. The Covenanters principally were made to undergo cruel punishments. They were hunted down like animals and mercilessly hanged or drowned. "The father of a family would be dragged


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Rh from his cottage by the soldiers, asked if he would take the test of conformity to the Church of England and to Charles's Government; if not, then came the order, 'Make ready—present—fire!'—and there lay the corpse of the rebel." Under mere suspicion many innocent persons were thrown into prison and executed. James II (1685-1689) was no less cruel than his predecessor. The defeat of the rebellion led by Monmouth was followed by the "Bloody Assizes" (1685). This tribunal was a travesty of justice. Those who were brought before it were not allowed to defend themselves. Judge Jeffreys, who presided over it, was the embodiment of cruelty and corruption. Over 1,000 persons were sentenced either to be hanged, beheaded, or sold as slaves. "The guide-posts of the highways were converted into gibbets from which blackened corpses swung in chains, and from every church tower in Somersetshire ghastly heads looked down on those who gathered there to worship God; in fact, so many bodies were exposed that the whole air was tainted  with corruption and death." To rid themselves of James II the English people were obliged to call William of Orange to their aid. The latter landed in England (1688) with a force of 14,000 soldiers. Deserted by his army, James fled to France. William and Mary succeeded him (1689-1702). This revolution had great consequences. Courts of justice ceased to be "little better than caverns of murderers." The divine right of kings was no longer asserted and the liberty of the press was established. However, the dynasty of Orange did not maintain


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Rh religious persecution to the already existing political rivalries. Conversion or extermination became the watchword of the two parties; and Protestants and Catholics were by turns burnt at the stake. Queen Mary (1553-1558), known as "Bloody Mary," after suppressing the rebellion organized by Thomas Wyatt, caused Lady Jane Grey, whose reign had lasted only nine days, to be beheaded. In her proselytism Mary caused many Protestants to be burned at the stake. But upon Elizabeth's accession to the throne (1558-1603) it was the turn of the Catholics to suffer ruthless persecution and martyrdom. In order to rid herself of a dangerous rival, Elizabeth caused Mary Stuart to be beheaded. There were numerous plots against the Queen, treason was everywhere, and "had grown so common," says Hentzner, a German traveler in England, "that he counted 300 heads of persons who "had suffered death for this crime, exposed on London Bridge." The change of dynasty did not put an end to the religious and political strife. The Stuarts, by proclaiming the doctrine of the divine right of kings, provoked a bitter struggle between the people and the sovereign. James I (1603-1625), who asserted this theory, had, at the beginning of his reign, to baffle two plots: the "Main plot," whose object was to place Arabella Stuart on the throne, and the "By plot," which aimed at obtaining religious toleration. The Conspirators in the Gunpowder plot were mercilessly dealt with. The tendency to absolute power manifested by James I increased under the reign of Charles I (1625-1649). The struggle between the King and Parliament assumed a violent character. Civil war began once more. Defeated in 1645, Charles resorted again to arms in 1648. Meeting with severe reverses he was tried and sentenced to death as a "tyrant, traitor, murderer and public enemy," and was beheaded on the 30th of January, 1649.


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312 Upon ascending the throne Henry IV had to subdue many uprisings. And the House of Commons availed itself of the opportunity to assume the exclusive right of granting the money needed for the expenses. Henry V (1413), who succeeded him, caused many of the Lollards to be put to death. Their leader, John Oldcastle, was burned as a heretic. Henry VI was dethroned in 1461 and died a prisoner in the Tower of London. Some important events of this reign were the rebellion of Jack Cade, the mismanagement of public affairs, and the personal rivalries which provoked the civil war known as the War of the Roses. For thirty years the English soil was stained with blood; and the contest was not for principle, but for place and spoils, and became a war of extermination. The reign of Edward IV (1461-1483) was one of continual civil warfare. Edward V was murdered by his uncle, who thereupon took possession of the throne. But Richard III (1483-1485) did not long profit by his crime. He succeeded in crushing Buckingham's revolt, but was defeated by Henry Tudor and was found dead on the battlefield of Bosworth. The accession of the Tudors to the throne with Henry VII (1485-1509) did not put an end to the effusion of English blood. Under the reign of Henry VIII (1509-1517), whose deeds are too well known to need being retold here, numbers of people were put to death for treason and heresy. Men and women alike were burned, some for being too zealous in their faith, others for not having enough belief. The establishment of the Church of England made matters still worse, adding as it did


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Rh was obliged to fight against the barons. They succeeded in 1215 in forcing King John to sign the Magna Charta; this was followed by another civil war, during which the barons solicited the aid of the King of France. The strife continued when Henry III ascended the throne, his brother-in-law, Simon de Montfort, heading the rebellion. Victorious at the battle of Lewes (1264), Simon de Montfort summoned Parliament, and in 1265 the House of Commons met. Edward II had to fight against Roger Mortimer; the King was defeated, deposed by Parliament, and committed to Berkeley Castle, where he was murdered (1327). In 1381 began the agitation for the abolition of villeinage. The head-tax caused the discontent which had been fermenting among the serfs and free laborers to burst forth; they rose up in arms at the voice of Tyler and John Ball. For three weeks the mob was in possession of London; they pillaged and burned houses; beheaded the Lord Chancellor and the chief collector of the odious head-tax; destroyed all the law papers they could lay their hands on and murdered a number of lawyers; "for the rioters believed that the members of that profession spent their time forging the chains which held the laboring class in subjection." The revolt was crushed and the peasants were mercilessly put to death; their blood flowed freely. But the sacrifice of so many lives was not in vain; for the days of villeinage were numbered; they would ultimately succeed in ridding themselves of this institution and reestablishing the dignity of man. Although he was successful in subduing the uprising of the serfs, Richard II was unable to maintain his authority. Henry Bolingbroke rose against him. Richard was defeated, deposed by Parliament (1399), and confined in Pontefract Castle, where he was murdered.