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Rh piece of pleasure. I do not believe that Adam and Eve ever tasted better in their balmiest nook.

The last of the Coast Range foothills were in near view all the way to Gilroy. Their union with the valley is by curves and slopes of inimitable beauty. They were robed with the greenest grass and richest light I ever beheld, and were colored and shaded with myriads of flowers of every hue, chiefly of purple and golden yellow. Hundreds of crystal rills joined song with the larks, filling all the valley with music like a sea, making it Eden from end to end.

The scenery, too, and all of nature in the Pass is fairly enchanting. Strange and beautiful mountain ferns are there, low in the dark cañons and high upon the rocky sunlit peaks; banks of blooming shrubs, and sprinklings and gatherings of garment flowers, precious and pure as ever enjoyed the sweets of a mountain home. And oh! what streams are there! beaming, glancing, each with music of its own, singing as they go, in shadow and light, onward


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User talk:Annaw

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

title: User talk:Annaw


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Author:Elizabeth Eastlake

Works

 * A Residence on the shores of the Baltic described in a series of letters (1841, anon.), in 2 vols.
 * The Jewess (1843)
 * Livonian Tales (1846)
 * Music and the Art of Dress (1852)
 * History of our Lord in Works of Art (1864), the completion of a work begun by Anna Brownell Jameson
 * Fellowship: Letters addressed to my Sister Mourners (1868, anon.)
 * Contributions to the Literature of the Fine Arts by Sir C. L. Eastlake: with a Memoir compiled by Lady Eastlake (1870)
 * Life of John Gibson, R.A., Sculptor (1870)
 * Mrs. Grote. A sketch. (1880)
 * Five Great Painters (1883), in 2 vols.

As translator

 * Treasures of Art in Great Britain (1854-7), in 4 vols., by
 * Handbook of Painting: Italian Schools (1874), by Franz Theodor Kugler
 * Samuel Taylor Coleridge and the English Romantic School (1887), by Alois Brandl

title: Author:Elizabeth Eastlake


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Rh Merced and the Tuolumne, within ten mile of the slaty foothills, is most elaborately carved into valleys, hollows, and smooth undulations, and among them is laid the Merced Yosemite of the plain—Twenty Hill Hollow.

This delightful Hollow is less than a mile in length, and of just sufficient width to form a well-proportioned oval. It is situated about midway between the two rivers, and five miles from the Sierra foothills. Its banks are formed of twenty hemispherical hills; hence its name. They surround and enclose it on all sides, leaving only one narrow opening toward the southwest for the escape of its waters. The bottom of the Hollow is about two hundred feet below the level of the surrounding plain, and the tops of its hills are slightly below the general level. Here is no towering dome, no Tissiack, to mark its place; and one may ramble close upon its rim before he is made aware of its existence. Its twenty hills are as wonderfully regular in size and position as in form. They are like big marbles half buried in the


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Rh wall between; the grand Sierra stood along the plain, colored in four horizontal bands:—the lowest, rose purple; the next higher, dark purple; the next, blue; and, above all, the white row of summits pointing to the heavens.

It may be asked, What have mountains fifty or a hundred miles away to do with Twenty Hill Hollow? To lovers of the wild, these mountains are not a hundred miles away. Their spiritual power and the goodness of the sky make them near, as a circle of friends. They rise as a portion of the hilled walls of the Hollow. You cannot feel yourself out of doors; plain, sky, and mountains ray beauty which you feel. You bathe in these spirit-beams, turning round and round, as if warming at a camp-fire. Presently you lose consciousness of your own separate existence: you blend with the landscape, and become part and parcel of nature.


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Rh ground, each poised and settled daintily into its place at a regular distance from its fellows, making a charming fairy-land of hills, with small, grassy valleys between, each valley having a tiny stream of its own, which leaps and sparkles out into the open hollow, uniting to form Hollow Creek.

Like all others in the immediate neighborhood, these twenty hills are composed of stratified lavas mixed with mountain drift in varying proportions. Some strata are almost wholly made up of volcanic matter—lava and cinders—thoroughly ground and mixed by the waters that deposited them; others are largely composed of slate and quartz boulders of all degrees of coarseness, forming conglomerates. A few clear, open sections occur, exposing an elaborate history of seas, and glaciers, and volcanic floods—chapters of cinders and ashes that picture dark days when these bright snowy mountains were clouded in smoke and rivered and laked with living fire. A fearful age, say mortals, when these Sierras flowed


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Rh lava to the sea. What horizons of flame! What atmospheres of ashes and smoke!

The conglomerates and lavas of this region are readily denuded by water. In the time when their parent sea was removed to form this golden plain, their regular surface, in great part covered with shallow lakes, showed little variation from motionless level until torrents of rain and floods from the mountains gradually sculptured the simple page to the present diversity of bank and brae, creating, in the section between the Merced and the Tuolumne, Twenty Hill Hollow, Lily Hollow, and the lovely valleys of Cascade and Castle Creeks, with many others nameless and unknown, seen only by hunters and shepherds, sunk in the wide bosom of the plain, like undiscovered gold. Twenty Hill Hollow is a fine illustration of a valley created by erosion of water. Here are no Washington columns, no angular El Capitans. The hollow cañons, cut in soft lavas, are not so deep as to require a single earthquake at the hands of science, much less a baker's dozen


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Rh of those convenient tools demanded for the making of mountain Yosemites, and our moderate arithmetical standards are not outraged by a single magnitude of this simple, comprehensible hollow.

The present rate of denudation of this portion of the plain seems to be about one tenth of an inch per year. This approximation is based upon observations made upon stream-banks and perennial plants. Rains and winds remove mountains without disturbing their plant or animal inhabitants. Hovering petrels, the fishes and floating plants of ocean, sink and rise in beautiful rhythm with its waves; and, in like manner, the birds and plants of the plain sink and rise with these waves of land, the only difference being that the fluctuations are more rapid in the one case than in the other.

In March and April the bottom of the Hollow and every one of its hills are smoothly covered and plushed with yellow and purple flowers, the yellow predominating. They are mostly social Compositæ, with a few claytonias,


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In re Krystal Cadillac Oldsmobile GMC Truck, Inc.

Appeal from the United States District Court for the Middle District of Pennsylvania. (D.C. Civ. No. 96-cv-01614).

Reversed.

William C. Cramer, Esquire, Kathleen W. Cramer, Esquire (ARGUED), Suite 414, Chambersburg Trust Building, Chambersburg, PA 17201, COUNSEL FOR APPELLANT KRYSTAL CADILLAC OLDSMOBILE GMC TRUCK, INC., in No. 97-7117.

Lawrence V. Young, Esquire, Sara A. Austin, Esquire (ARGUED), Countess, Gilbert & Andrews, 29 North Duke Street, York, PA 17401, COUNSEL FOR APPELLANT LAWRENCE V. YOUNG In No. 97-7118.

James A. Mollica, Jr., Esquire, Mollica & Murray, 450 Trimont Plaza, 1305 Grandview Avenue, Pittsburgh, PA 15211. Of Counsel: Carol H. Lesnek-Cooper, Esquire, General Motors Corporation, New Center One Building, 3031 West Grand Boulevard, Detroit, MI 48232, COUNSEL FOR APPELLEE GENERAL MOTORS CORP.

Before: MANSMANN, COWEN and ALITO, Circuit Judges.


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Rh gilias, eschscholtzias, white and yellow violets, blue and yellow lilies, dodecatheons, and eriogonums set in a half-floating maze of purple grasses. There is but one vine in the Hollow—the Megarrhiza [Echinocystis T. & D.] or "Big Root." The only bush within a mile of it, about four feet in height, forms so remarkable an object upon the universal smoothness that my dog barks furiously around it, at a cautious distance, as if it were a bear. Some of the hills have rock ribs that are brightly colored with red and yellow lichens, and in moist nooks there are luxuriant mosses—Bartramia, Dicranum, Funaria, and several Hypnums. In cool, sunless coves the mosses are companioned with ferns—a Cystopteris and the little gold-dusted rock fern, Gymnogramma triangularis.

The Hollow is not rich in birds. The meadowlark homes there, and the little burrowing owl, the killdeer, and a species of sparrow. Occasionally a few ducks pay a visit to its waters, and a few tall herons—the blue and the white—may at times be seen stalking along the


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In re Krystal Cadillac Oldsmobile GMC Truck, Inc./Opinion of the Court

[p632] OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal involving bankruptcy law, we are asked to decide whether a franchise agreement involving a vehicle dealership had been terminated prior to the filing of the bankruptcy petition. Because we find that the franchise agreement was still in effect when the petition was filed, it follows a fortiori that the vehicle franchise was an asset of [p633]  the bankruptcy estate. We further find that the post-petition adjudications by the state administrative board and the Pennsylvania Commonwealth Court, effectively ordering the termination of the franchise agreement, were made in violation of the automatic stay provision of 11 U.S.C. § 362(a)(3) and, thus, were not binding on the bankruptcy court. Accordingly, we will reverse the order of the district court affirming the order of the bankruptcy court.

I.
The resolution of the dispute before us turns, in large part, on certain events which occurred prior to the commencement of the bankruptcy proceeding. We reiterate the pertinent facts here.

Krystal Cadillac-Oldsmobile-GMC Truck, Inc. ("Krystal Cadillac" or the "Debtor"), a licensed vehicle dealer in the Commonwealth of Pennsylvania, owned and operated a GMC dealership in Gettysburg, Pennsylvania. General Motors Corporation is a licensed vehicle manufacturer in the Commonwealth of Pennsylvania and the appellee in this consolidated appeal.

Krystal Cadillac operated the GMC dealership pursuant to the General Motors Corporation (Oldsmobile Division) Dealer Sales and Service Agreement, which went into effect on November 1, 1990. This franchise agreement was to remain in effect until October 31, 1995, unless terminated earlier and, as long as the dealer fulfilled its obligations under the franchise agreement, it was assured the opportunity to enter into a new dealer agreement at the expiration date.

In October of 1991, General Motors Acceptance Corporation withdrew its line of credit financing. Consequently, Krystal Cadillac found itself lacking the necessary financing to purchase new GM vehicles. To no avail, it made numerous attempts to obtain alternative financing. On March 6, 1992, GM notified Krystal Cadillac that it was in breach of the franchise agreement for failing to maintain a line of credit and for failing to purchase new vehicles. Based on the continued breach, GM gave notice on May 10, 1993 that the franchise would terminate in sixty days, that is, on July 13, 1993. At Krystal Cadillac's request, GM extended the termination date to August 12, 1993.

On August 11, 1993, the day before the franchise agreement would have expired, Krystal Cadillac filed an appeal with the Pennsylvania Board of Vehicle Manufacturers, Dealers and Salespersons (the "Vehicle Board"), requesting a hearing on the merits of the termination. Approximately one year later, on August 2, 1994, the Vehicle Board conducted a hearing to review the propriety of GM's notice of termination. Before the Vehicle Board rendered its determination, Krystal Cadillac filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code on September 8, 1994. Thereafter, on September 27, 1994, the Vehicle Board entered an Order and Decision allowing GM to terminate the franchise agreement. Subsequently, [p634]  Krystal Cadillac appealed the order of the Vehicle Board to the Pennsylvania Commonwealth Court, which affirmed the Vehicle Board's decision on November 6, 1995. The Pennsylvania Supreme Court denied Krystal Cadillac's petition for allowance of appeal. ''State Bd. of Vehicle Mfrs. v. Krystal Cadillac-Oldsmobile-GMC Truck, Inc.'', 544 Pa. 665, 676 A.2d 1203 (Pa. 1996).

While this appeal was pending before the Pennsylvania Commonwealth Court, the bankruptcy court appointed Lawrence V. Young as the Chapter 11 Trustee. The Trustee, in turn, filed a motion to sell the Debtor's assets, including the GM franchise, free and clear of liens and encumbrances. GM filed an objection to the Trustee's motion to sell, contending that the franchise agreement had been lawfully terminated and was not saleable or assignable. The Debtor also objected to the Trustee's motion to sell on the basis that it intended to file a reorganization plan. On June 15, 1995, the bankruptcy court conducted a hearing on the proposed sale, at which time the court denied the Trustee's motion to sell. On that same date, the Debtor filed a Plan of Reorganization with the bankruptcy court, which provided for the sale of the GM franchise as a means to pay creditors. GM filed an objection to the Plan on July 10, 1995, arguing that since the franchise had been validly terminated in the state proceedings, the franchise was not an asset of the bankruptcy estate available for sale. The Debtor filed an amended reorganization plan on October 24, 1995, to which GM lodged the same objection.

On December 27, 1995, the bankruptcy court entered an order which required the Debtor to file, on or before February 2, 1996, a motion to assume and assign the General Motors franchise and to provide to the Trustee with certain documentation to support such motion, including an unredacted copy of the agreement of sale between the Debtor and any potential purchaser, a copy of the transfer application, evidence to support the potential purchaser's financial abilities, and proof of the Debtor's financial ability to consummate its Plan of Reorganization. In its attempt to comply with the court's December 27th order, the Debtor filed a timely motion to assume and assign the GMC dealership franchise, with documentation of its financial position vis-a-vis the Plan of Reorganization. On March 14, 1996, the Trustee filed a certification with the bankruptcy court, indicating that the Debtor had failed to comply with the terms of the court's December 27, 1995 order, and requesting that the case be converted to a Chapter 7 proceeding.

The bankruptcy court held a hearing on April 1, 1996, regarding the Debtor's compliance with the December 27th order and to consider the merits of the Debtor's motion to assume and assign the franchise. Subsequently, on April 15, 1996, the bankruptcy court entered an order denying the Debtor's motion to assume and assign the franchise. The court reasoned that the decisions rendered in the state proceedings regarding the franchise termination precluded the bankruptcy court from authorizing a sale of the franchise. Both the Debtor and the Trustee filed motions for reconsideration of the bankruptcy court's April 15, 1996, order. In addition, the Trustee filed a motion to assume and to sell the franchise agreement to a qualified buyer for the price of Five Hundred Thousand Dollars ($ 500,000), which GM opposed.

On July 26, 1996, the bankruptcy court entered an order denying the motions for reconsideration and the Trustee's motion to sell the franchise agreement. The court held that the appeals to the Vehicle Board and to the Pennsylvania Commonwealth Court clearly were filed by the Debtor and hence constituted an action by the Debtor, not against the Debtor. Since the automatic stay provisions of the Bankruptcy Code applied only to actions against the Debtor, they did not apply to the state proceedings. The [p635]  court therefore concluded that the final termination of the franchise agreement occurred by operation of law as a result of the Vehicle Board's determination that GM had properly effected a termination prior to the filing of the bankruptcy petition. Based upon considerations of comity and finality, the bankruptcy court held that the findings of the Vehicle Board regarding the valid termination of the franchise agreement precluded it from ruling on the Debtor's ability to assume the franchise agreement since it is clear under section 365 of the Bankruptcy Code, 11 U.S.C. § 365, that a debtor cannot assume a validly terminated contract.

The Debtor and the Trustee appealed the bankruptcy court's July 26, 1996, order to the district court on August 5, 1996. The district court affirmed the order of the bankruptcy court on February 3, 1997, holding that the proceeding before the Vehicle Board did not fall within the scope of the automatic stay provided by 11 U.S.C. § 362 and, therefore, the Vehicle Board's order allowing GM to terminate the franchise agreement was valid and the termination was effective. Accordingly, the district court held the franchise agreement was not an asset of the bankruptcy estate. The Debtor and the Trustee filed timely but separate appeals, which we consolidated for purposes of briefing and disposition.

The bankruptcy court exercised its jurisdiction over this matter pursuant to 28 U.S.C. § 157(b). The district court had jurisdiction to review the bankruptcy court's order pursuant to 28 U.S.C. § 158(a). Our appellate jurisdiction over the district court's order rests upon 28 U.S.C. §§ 158(d) and 1291. In undertaking our review, we stand in the shoes of the district court, applying a clearly erroneous standard to the bankruptcy court's findings of fact and a plenary standard to that court's legal conclusions. In re Siciliano, 13 F.3d 748, 750 (3d Cir. 1994) (citations omitted); In re Brown, 951 F.2d 564, 567 (3d Cir. 1991).

II.
The outcome of this appeal hinges on whether the franchise agreement should have been included as an asset of the bankruptcy estate. The filing of a voluntary petition for relief in bankruptcy pursuant to 11 U.S.C. § 301 creates an estate in bankruptcy. 11 U.S.C. § 541(a). Generally, the property of an estate in bankruptcy is comprised of all legal or equitable interests of the debtor in property on the date of commencement of the bankruptcy proceeding. 11 U.S.C. § 541(a)(1). If, in fact, the franchise agreement was still in force on the date Krystal Cadillac filed its bankruptcy petition, the franchise agreement, by statute, became an asset of the bankruptcy estate. In order to determine whether the franchise agreement was still in effect on September 8, 1994, the date Krystal Cadillac initiated this bankruptcy proceeding, we look to the express language of the agreement, as well as to the Pennsylvania Board of Vehicles Act, Pa. Stat. Ann., tit. 63, § 818.1 et seq. (West 1996), governing transactions between vehicle manufacturers, dealers and salespersons. We turn first to the franchise agreement.

In October 1990, the Debtor and GM executed the Oldsmobile Division Dealer Sales and Service Agreement ("Oldsmobile Agreement"), which went into effect on November 1, 1990. Paragraph Eleven sets forth the term of the franchise agreement as follows:

"This Agreement shall expire on October 31, 1995, or ninety days after the death or incapacity of a Dealer Operator or Dealer Owner, whichever occurs first, unless earlier terminated. Dealer is assured the opportunity to enter into a new Dealer Agreement with Oldsmobile at the expiration date if Oldsmobile determines Dealer has fulfilled its obligations under this Agreement."

The Oldsmobile Agreement further provided, in Paragraph Thirteen, for the incorporation of GM's Standard Provisions, Dealer Sales and Service Agreement (GMMS 1013) ("Standard Provisions"), as part of the franchise [p636]  agreement. Article 13 of the Standard Provisions addresses breaches and the remedy procedures. Where the breach has gone uncorrected, Article 13.1.13 provides:

"If, however, Dealer's response does not demonstrate that the breach has been corrected, or explain the circumstances to [GM's] satisfaction, termination is warranted and [GM] may terminate this Agreement upon written notice to Dealer. Termination will be effective 60 days following Dealer's receipt of the notice."

Article 13.2, dealing with failure of performance by the dealer, provides that the dealer be given no less than six months to correct the failure. If the dealer does not correct the failure within the time allotted, Article 13.2 provides that GM may terminate the franchise agreement by giving the dealer ninety days advance written notice.

Our inquiry does not end with an examination of the terms of the franchise agreement, however, since the agreement between the Debtor and GM is governed by the Pennsylvania Board of Vehicles Act, Pa. Stat. Ann., tit. 63, § 818.1 et seq. (West 1996 & 1997 Supp.). The Act provides for the appointment of a Board of Vehicle Manufacturers, Dealers and Salespersons, which is empowered to regulate the licensing of vehicle salespersons, dealers and manufacturers, and "to adopt, promulgate and enforce such rules and regulations . . . as are deemed necessary and proper to effectuate the provisions of [the Act] . . .", among other things. Id. §§ 818.4(1), (9). Under the Act as amended in 1996, section 818.13 sets forth the provisions governing termination of franchises. In particular, the Act states that any manufacturer who terminates or fails to renew the franchise of any vehicle dealer "unfairly, without due regard to the equities of said dealer and without just cause," has violated the Act. Id. § 818.13(a). Section 818.13(c) requires the manufacturer to give the dealer a minimum of sixty days advance notice of the termination or failure to renew the franchise agreement, although subsection (c) allows a shorter notice period in certain circumstances not present here. Id. § 818.13(c). Of particular relevance to this case is the subsection on appeals:

"At any time before the effective date of such termination or failure to renew, the dealer or distributor may appeal to the board for a hearing on the merits, and following due notice to all parties concerned, such hearing shall be promptly held. No such termination or failure to renew shall become effective until final determination of the issue by the board."

Id. § 818.13(d) (emphasis added). Finally, in the event the dealer appeals the termination or failure to renew the franchise, section 818.13(e) provides that the manufacturer retains the burden of proving that just cause existed for such termination or failure to renew. Id. § 818.13(e). Reading the franchise agreement and the Act together, as we must, we conclude that the franchise agreement was not terminated, but rather, was in force on the date the Debtor filed the petition in bankruptcy. The Act makes clear that once a dealer has appealed the notice of termination, that termination shall not become effective until the Vehicle Board issues its decision. Indeed, counsel for GM conceded at oral argument that Krystal Cadillac retained a viable legal interest in the GM franchise at the time Krystal Cadillac filed a notice of appeal with the Vehicle Board. Moreover, the Vehicle Board had not rendered its decision as of the date of the bankruptcy filing on August 11, 1993. Accordingly, we find that termination of the franchise agreement had not been effectuated on September 8, 1994, and, therefore, that the franchise became an asset of the bankruptcy estate on that date.

[p637]

III.
We further conclude that the subsequent determinations by the Vehicle Board and the Pennsylvania Commonwealth Court, effectively ordering the termination of the franchise agreement, were made in violation of the automatic stay provisions of 11 U.S.C. § 362(a) and, thus, were not binding on the bankruptcy court. Section 362(a) provides in relevant part:

(a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title,. . . operates as a stay, applicable to all entities, of--

(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title;

. . ..

(3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate;

11 U.S.C. §§ 362(a)(1), (3). Subsection (b) of section 362 enumerates specific exceptions to the automatic stay provisions, none of which applies here. 11 U.S.C. § 362(b). The legislative history to section 362 and our jurisprudence leave no doubt that the scope of the automatic stay is broad. ''In re Atlantic Bus. and Community Corp., 901 F.2d 325, 327 (3d Cir. 1990); Association of St. Croix Condominium Owners v. St. Croix Hotel Corp.,'' 682 F.2d 446, 448 (3d Cir. 1982). Explaining the purpose behind section 362, Congress has stated:

"The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove him into bankruptcy. The automatic stay also provides creditor protection. Without it, certain creditors would be able to pursue their own remedies against the debtor's property. Those who acted first would obtain payment of the claims in preference to and to the detriment of other creditors. Bankruptcy is designed to provide an orderly liquidation procedure under which all creditors are treated equally."

H.R. Rep. No. 95-595, 95th Cong., 1st Sess. 340 (1977), reprinted in 1978 U.S.C.C.A.N. 5963, 6296. The broad reach of the automatic stay is further evidenced in the term, "property of the estate," as defined in 11 U.S.C. § 541(a).

The Debtor maintains that the termination of the franchise is an act which resulted in GM taking possession of an asset of the bankruptcy estate and, therefore, was subject to the automatic stay provision in section 362(a)(3). We agree with the Debtor that section 362(a)(3) applies to the facts before us. GM's actions before the bankruptcy court, i.e., objecting to the Trustee's Motion to Sell the Debtor's Assets and the Motion to Assume and Assign as well as to the Debtor's Plan of Reorganization, on the basis that (1) the franchise agreement had been terminated and, thus, was not the Debtor's asset and (2) the state court determination to that effect was binding on the bankruptcy court, constituted acts to take possession or control of property of the bankruptcy estate.

[p638] We find support in ''In re Atlantic Bus. and Community Corp.'', 901 F.2d 325 (3d Cir. 1990). There we considered whether the debtor's possession of a tenancy at sufferance in a radio station and transmitter created a property interest as defined under section 541 and, as such, was protected by the automatic stay provision in section 362(a)(3). Id. at 328. Informed by precedent in our sister circuits, In re 48th St. Steakhouse, Inc., 835 F.2d 427 (2d Cir. 1987), we concluded that a possessory interest in real property fell within the purview of the bankruptcy estate under section 541 and, therefore, was protected by the automatic stay provisions of section 362. 901 F.2d at 328. Thus we held the landlord's acts to evict the debtor and dispossess it of its tenancy interest violated the automatic stay provision of section 362(a)(3). Id. In arriving at its decision, the bankruptcy court relied on United States v. Inslaw, 289 U.S. App. D.C. 383, 932 F.2d 1467 (D.C. Cir. 1991). There the debtor attempted to resolve a contract dispute with the Justice Department by filing a complaint in the bankruptcy proceeding alleging a violation of the automatic stay provision. The court found that the debtor was trying to remedy pre-petition acts of fraud, bias or harassment allegedly on the part of the Justice Department by invoking the automatic stay provisions. 932 F.2d at 1474. Because section 362(a) applies only to acts taken after the petition is filed, the court held that the bankruptcy court lacked jurisdiction to resolve the contract dispute between Inslaw and the Justice Department. Id. at 1475. In dicta, however, the court opined that ensuring that the creditors do not destroy the bankruptcy estate in their scramble for relief does not mean that every party who resists the debtor's view of its rights violates section 362(a) if found in error by the bankruptcy court. Id. at 1473. The court therefore concluded that "someone defending a suit brought by the debtor does not risk violation of § 362(a)(3) by filing a motion to dismiss the suit, though his resistance may burden rights asserted by the [debtor]." Id. (citing Martin-Trigona v. Champion Fed. Savings & Loan Ass'n, 892 F.2d 575, 577 (7th Cir. 1989)).

It is on this language that the bankruptcy court here relied in concluding that GM did not violate the automatic stay when it participated in the proceeding before the Vehicle Board. The bankruptcy court failed to recognize that, in both Inslaw and Martin-Trigona, the debtors were using the automatic stay provision to invoke the bankruptcy court's jurisdiction over a non-core dispute. Here, the asset itself is at the core of the dispute. Accordingly, we find that Inslaw and Martin-Trigona are not relevant here.

Like the landlord in Atlantic, GM undertook to dispossess the bankruptcy estate of one of its assets. The fact that Krystal Cadillac actually filed the notice of appeal to the Vehicle Board does not alter this result. What is dispositive here are the acts taken by GM after the bankruptcy petition was filed, after having learned that the Debtor intended to assign its interest in the GMC franchise as part of its reorganization plan. We can come to no other conclusion than that GM's actions before the Vehicle Board, the Pennsylvania Commonwealth Court, and the bankruptcy court were taken to obtain possession of the franchise agreement, which we find to be an asset of the bankruptcy estate. Accordingly, GM's acts to enforce the state court's termination of the franchise agreement and to obtain possession of the GMC franchise violated the automatic stay provision of section 362(a)(3).

IV.
In sum, we find that Krystal Cadillac's property interest in a viable GMC franchise is an asset of the bankruptcy estate and that the Trustee is entitled to cure any defects, and to assume and assign the franchise for the benefit of all of the Debtor's creditors. Accordingly, we will reverse the judgment of the district court affirming the order of the bankruptcy court.


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Rh creek; and the sparrow hawk and gray eagle come to hunt. The lark, who does nearly all the singing for the Hollow, is not identical in species with the meadowlark of the East, though closely resembling it; richer flowers and skies have inspired him with a better song than was ever known to the Atlantic lark. I have noted three distinct lark-songs here. The words of the first, which I committed to memory at one of their special meetings, spelled as sung, are, "Wee-ro spee-ro wee-o weer-ly wee-it." On the 20th of January, 1869, they sang "Queed-lix boodle," repeating it with great regularity, for hours together, to music sweet as the sky that gave it. On the 22d of the same month, they sang "Chee chool cheedildy choodildy." An inspiration is this song of the blessed lark, and universally absorbable by human souls. It seems to be the only bird-song of these hills that has been created with any direct reference to us. Music is one of the


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Rh years were yet to elapse before any attempts were to be made to trace, with analytical accuracy, the moral phenomena of human life to their first principles in the constitution and condition of man; or even to disentangle the plain and practical lessons of ethics from the speculative and controverted articles of theological systems. "The theological system (says the learned and judicious Mosheim) that now prevails in the Lutheran academies, is not of the same tenor or spirit with that which was adopted in the infancy of the Reformation. The glorious defenders of religious liberty, to whom we owe the various blessings of the Reformation, could not, at once, behold the truth in all its lustre, and in all its extent; but, as usually happens to persons that have been long accustomed to the darkness of ignorance, their approaches towards knowledge were but slow, and their views of things but imperfect."—(Maclaine's Transl. of Mosheim. London, 2d ed. vol. iv. p. 19.) He afterwards mentions one of Luther's early disciples, (Amsdorff,) "who was so far transported and infatuated by his excessive zeal for the supposed doctrine of his master, as to maintain that good works are an impediment to salvation." Ibid. p. 39. Mosheim, after remarking that "there are more excellent rules of conduct in the few practical productions of Luther and Melanchthon, than are to be found in the innumerable volumes of all the ancient casuists and moralizers," candidly acknowledges, "that the notions of these great men concerning the important science of morality were far from being sufficiently accurate or extensive. Melanchthon himself, whose exquisite judgment rendered him peculiarly capable of reducing into a compendious system the elements of every science, never seems to have thought of treating morals in this manner; but has inserted, on the contrary, all his practical rules and instructions, under the theological articles that relate to the law, sin, free-will, faith, hope, and charity."—Mosheiin's Eccles. Hist. vol. iv. pp. 23, 24. The same author elsewhere observes, that "the progress of morality among the reformed was obstructed by the very same means that retarded its improvement among the Lutherans; and that it was left in a rude and imperfect state by Calvin and his associates. It was neglected amidst the tumult of controversy; and, while every pen was drawn to maintain certain systems of doctrine, few were employed in cultivating that master science which has virtue, life, and manners for its objects."—Ibid. pp. 120, 121.


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Agave,,. Agrostis scabra. See Grass, rough hair. Alligators, –99,,. Animals, assumed to be made for man,, ; man-eating, ; essential to the cosmos, ; Apricot vine,. Aspidium acrostichoides. See Fern, Christmas. Asplenium ebeneun. See Spleenwort, ebony. Asplenium filix-fœmina,. Asters,, , , ,. Athens, Georgia,.

Augusta, Georgia,,.

Azaleas,,.

Bahama islands,. Banana,,.

Beale, Mr.,.

Bird neighbors,,. Blairsville, Georgia,,. Blue Ridge,. Bluebirds,. Bonaventure.burying-ground, –82; oaks in,, , , ; graves of, , ; Muir camps in, –78. Brake, common,. Brant,. Bread, importance of,. Breakers, song of,. Brier, sensitive,,. Briers, cat,, ; in Florida swamps, , ,.

Burkesville, Ky.,. Butterflies,,. Butternut tree,.

Cactus,, ,. California, crooked route to, –87; arrival in, ; flowers,, , , , –10; the Golden State,. Cameron, Mr., planter, –63. Cape Hatteras,. Carriages, in Havana,.

Cats, vegetable,. Caves, Kentucky,, ,. Cedar Keys, –42; size of,. Chagres River,. Chattahoochee River,,.

Clinch River,,.

Coast Range foothills,.

Compositæ,, , , , ,.

Cotton, an unhappy looking plant, ; picking,. Coyote,.


text: Warner Bros. Coraline Corsets

title: Warner Bros. Coraline Corsets


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Page:Dictionary of National Biography. Errata (1904).djvu/151

GRAY—HAIGHTON

N.B.— f.e. stands for from end and l.l. for last line


text:
United States Code/Title 16/Chapter 35

Title 16 — Conservation — Endangered Species

title: United States Code/Title 16/Chapter 35


text:
Endangered Species Act

 * Endangered Species Act of 1973, legislation.
 * United States Code/Title 16/Chapter 35 (1973), the original legislation.
 * Endangered Species Act of 1973, as Amended Through the 108th Congress (2003)

 * Endangered Species Act Basics, a short guide to the previous work. (2023) (external scan)
 * Endangered Species Act Overview, another short guide to the legislation. (2023) (external scan)

title: Endangered Species Act


text:
Endangered Species Act of 1973

 * United States Code/Title 16/Chapter 35, the original legislation.
 * Endangered Species Act of 1973, as Amended Through the 108th Congress, the previous legislation, as amended by the 108th Congress, published by the United States Fish and Wildlife Service. (November 24, 2003)

title: Endangered Species Act of 1973


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Rh make you a new creature indeed. Or, choke in the sediments of society, so tired of the world, here will your hard doubts disappear, your carnal incrustations melt off, and your soul breathe deep and free in God’s shoreless atmosphere of beauty and love.

Never shall I forget my baptism in this font. It happened in January, a resurrection day for many a plant and for me. I suddenly found myself on one of its hills; the Hollow overflowed with light, as a fountain, and only small, sunless nooks were kept for mosseries and ferneries. Hollow Creek spangled and mazed like a river. The ground steamed with fragrance. Light, of unspeakable richness, was brooding the flowers. Truly, said I, is California the Golden State—in metallic gold, in sun gold, and in plant gold. The sunshine for a whole summer seemed condensed into the chambers of that one glowing day. Every trace of dimness had been washed from the sky; the mountains were dusted and wiped clean with clouds—Pacheco Peak and Mount Diablo, and the waved blue


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Page:The History of Ballarat.djvu/22

 TABLE OP CONTENTS CHAPTER I. BALLARAT BEFORE THE GOLD DISCOVERY. First Exploring Parties. — Mount Buninyong. — Mount Aitkin. — Ercildoun. — Ballarat. — Lake Burrumbeet Dry. — Settling Throughout the Dis- trict. — First Wheat Grown. — First Flour Mill. — Founding of Buninyong. — A Wide Diocese. — Appearance of Ballarat. — The Natives. — Aboriginal Names. — The Squatters. — Premonitions of the Gold Discovery. 1 — 16

CHAPTER IL THE GOLD DISCOVERY. California and the Ural. — Predictions of Australian Gold. — Discoveries of Old Bushmen. — Hargreaves and others in New South Wales. — Effects of Discovery at Bathurst. — Sir C. A. Fitz Roy's Despatches. — First Assay. — Esmond and Hargreaves. — Esmond's Discovery at Clunes. — Previous Victorian Discoveries. — Esmond's the First Made Effectively Public. — Hiscock. — Golden Point, Ballarat.— Claims of Discoverers as to Priority. — Effects of the Discovery. — Mr. Latrobe's Despatches, — His Visit to Ballarat. — The Licenses. — Change of Scene at Ballarat. — Mount Alexander Rush. — Fresh Excitements. — Rise in Prices. ... 17 — 45

CHAPTER III FROM THE GOLD DISCOVERY TO THE YEAR OF THE EUREKA STOCKADE. Great Aggregations of Population. — Opening up of Golden Grounds. — A Digger's Adventures. — Character of the Population. — Dates of Local Dis- coveries. — Ballarat Township Proclaimed. — First Sales of Land. — Bath's Hotel. — First Public Clock. — Tatham's and Brooksbank's Recollections. — Primitive Stores, Offices, and Conveyances. — Woman a Phenomenon. — First Women at Ballarat. — Curious Monetary Devices. — First Religious

title: Page:The History of Ballarat.djvu/22


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Rh Family of the plain. It remains in flower until November, uniting with an eriogonum that continues the floral chain across December to the spring plants of January. Thus, although nearly all of the year’s plant-life is crowded into February, March, and April, the flower circle around the Twenty Hill Hollow is never broken.

The Hollow may easily be visited by tourists en route for Yosemite, as it is distant only about six miles from Snelling's. It is at all seasons interesting to the naturalist; but it has little that would interest the majority of tourists earlier than January or later than April. If you wish to see how much of light, life, and joy can be got into a January, go to this blessed Hollow. If you wish to see a plant-resurrection,—myriads of bright flowers crowding from the ground, like souls to a judgment,—go to Twenty Hills in February. If you are traveling for health, play truant to doctors and friends, fill your pocket with biscuits, and hide in the hills of the Hollow, lave in its waters, tan in its golds, bask in its flower-shine, and your baptisms will


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Rh September are the season of plant rest, followed, in October, by a most extraordinary outgush of plant-life, at the very driest time of the whole year. A small, unobtrusive plant, Hemizonia virgata, from six inches to three feet in height, with pale, glandular leaves, suddenly bursts into bloom, in patches miles in extent, like a resurrection of the gold of April. I have counted upward of three thousand heads upon one plant. Both leaves and pedicles are so small as to be nearly invisible among so vast a number of daisy golden-heads that seem to keep their places unsupported, like stars in the sky. The heads are about five eighths of an inch in diameter; rays and disk-flowers, yellow; stamens, purple. The rays have a rich, furred appearance, like the petals of garden pansies. The prevailing summer wind makes all the heads turn to the southeast. The waxy secretion of its leaves and involucres has suggested its grim name of "tarweed," by which it is generally known. In our estimation, it is the most delightful member of the whole


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Rh

VIII.

Reception at Gondar—Triumphal Entry of the King—The Author's first Audience.

E were much surprised at arriving on the Angrab, that no person had come to us from Petros, Janni's Brother. We found afterwards, indeed, that he had taken fright upon some menacing words from the priests at hearing a Frank was on his way to Gondar, and that he had, soon after, set out for Ibaba, where the Ras was, to receive his directions concerning us. This was the most disagreeable accident could have happened to me. I had not a single person to whom I could address myself for any thing. My letters were for the king and Ras Michael, and could be of no use as both were absent; and though I had others for Petros and the Greeks, they, too, were out of town.


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 280 "Yes, I bear an awful hissing and rustling up in the air," said the lad; "I think I'm getting afraid."

"That's all the wild birds that fly through the wood. They are sent to stop us; but just cut a hole in the cornsacks, and then they'll have so much to do with the corn, they'll forget us quite."

Yes, the lad did that; he cut holes in the corn-sacks, so that the rye and barley ran out on all sides. Then all the wild birds that were in the wood came flying round them so thick that the sunbeams grew dark; but as soon as they saw the corn, they couldn't keep to their purpose, but flew down and began to pick and scratch at the rye and barley, and after that they began to fight among themselves. As for Dapplegrim and the lad, they forgot all about them, and did them no harm.

So the lad rode on and on—far far over mountain and dale, over sand-hills and moor. Then Dapplegrim began to prick up his ears again, and at last he asked the lad if he heard anything.

"Yes; now I hear such an ugly roaring and howling in the wood all round, it makes me quite afraid."

"Ah!" said Dapplegrim, "that's all the wild beasts that range through the wood, and they're sent out to stop us.

But just cast out the twelve carcases of the oxen, that will give them enough to do, and so they'll forget us outright." Yes, the lad cast out the carcases, and then all the wild beasts in the wood, both bears, and wolves, and lions—all fell beasts of all kinds—came after them. But when they saw the carcases, they began to fight for them among themselves, till blood flowed in streams; but Dapplegrim and the lad they quite forgot.


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 Rh So the lad rode far away, and they changed the landscape many many times, for Dapplegrim didn't let the grass grow under him, as you may fancy. At last Dapple gave a great neigh.

"Do you hear anything?" he said,

"Yes, I hear something like a colt neighing loud, a long long way off," answered the lad.

"That's a full-grown colt then," said Dapplegrim, "if we hear him neigh so loud such a long way off."

After that they travelled a good bit, changing the landscape once or twice maybe. Then Dapplegrim gave another neigh.

"Now listen, and tell me if you hear anything," he said.

"Yes, now I hear a neigh like a full-grown horse," answered the lad.

"Ay! ay!" said Dapplegrim, "you'll hear him once again soon, and then you'll hear he's got a voice of his own."

So they travelled on and on, and changed the landscape once or twice perhaps, and then Dapplegrim neighed the third time; but before he could ask the lad if he heard anything, something gave such a neigh across the heathy hill-side, the lad thought hill and rock would surely be rent asunder.

"Now he's here!" said Dapplegrim; "make haste, now, and throw the ox-hides, with the spikes in them, over me, and throw down the tar-barrel on the plain; then climb up into that great spruce-fir yonder. When it comes, fire will flash sut of both nostrils, and then the tar-barrel will catch fire. Now, mind what I say. If the flame rises, I win; if it


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 282 falls, I lose; but if you see me winning, take and cast the bridle—you must take it off me—over its head, and then it will be tame enough."

So just as the lad had done throwing the ox-hides, with the spikes, over Dapplegrim, and had cast down the tarbarrel on the plain, and had got well up into the spruce-fii; up galloped a horse, with fire flashing out of his nostrils, and the flame caught the tar-barrel at once. Then Dapplegrim and the strange horse began to fight till the stones flew heaven-high. They fought, and bit, and kicked both with fore-feet and hind-feet, and sometimes the lad could see them, and sometimes he couldn't, but at last the flame began to rise; for wherever the strange horse kicked or bit, he met the spiked hides, and at last he had to yield. When the lad saw that, he wasn't long in getting down from the tree, and in throwing the bridle over its head, and then it was so tame you could hold it with a pack-thread.

And what do you think? that horse was dappled too and so like Dapplegrim, you couldn't tell which was which. Then the lad bestrode the new Dapple he had broken, and rode home to the palace, and old Dapplegrim ran loose by his side. So when he got home, there stood the king out in the yard.

"Can you tell me now," said the lad, "which is the horse I have caught and broken, and which is the one I had before. If you can't, I think your daughter is fairly mine."

Then the king went and looked at both Dapples, high and low, before and behind, but there wasn't a hair on one which wasn't on the other as well.

"No," said the king, "that I can't; and since you've


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 Rh got my daughter such a grand horse for her wedding, you shall have her with all my heart. But still well have one trial more, just to see whether you're fated to have her. First, she shall hide herself twice, and then you shall hide yourself twice. If you can find out her hiding-place, and she can't find out yours, why then, you're fated to have her, and so you shall have her."

"That's not in the bargain either," said the lad; "but we must just try, since it must be so;" and so the Princess went off to hide herself first.

So she turned herself into a duck, and lay swimming on a pond that was close to the palace. But the lad only ran down to the stable, and asked Dapplegrim what she had done with herself."

"Oh, you only need to take your gun," said Dapplegrim, "and go down to the brink of the pond, and aim at the duck which lies swimming about there, and she'll soon show herself."

So the lad snatched up his gun and ran off to the pond. "I'll just take a pop at this duck," he said, and began to aim at it.

"Nay, nay, dear friend, don't shoot. It's I," said the Princess.

So he had found her once.

The second time the Princess turned herself into a loaf of bread, and laid herself on the table among four other loaves; and so like was she to the others, no one could say which was which.

But the lad went again down to the stable to Dapplegrim, and said how the Princess had hidden herself again, and he couldn't tell at all what had become of her.


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User talk:71.244.178.67

Jeepday (talk) 00:31, 8 November 2010 (UTC)

title: User talk:71.244.178.67


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User:Brother Officer/Subpage-work001

Commodore Matthew Fontaine Maury, et al., in Science and Fiction
didn't change direction. For the time being, then, we had to set aside any hope of returning to European seas. Captain Nemo kept his prow pointing south. Where was he taking us? I was afraid to guess.

That day the Nautilus crossed an odd part of the Atlantic Ocean. No one is unaware of the existence of that great warm–water current known by name as the Gulf Stream. After emerging from channels off Florida, it heads toward Spitzbergen. But before entering the Gulf of Mexico near latitude 44° north, this current divides into two arms; its chief arm makes for the shores of Ireland and Norway while the second flexes southward at the level of the Azores; then it hits the coast of Africa, sweeps in a long oval, and returns to the Caribbean Sea.

Now then, this second arm—more accurately, a collar—forms a ring of warm water around a section of cool, tranquil, motionless ocean called the Sargasso Sea. This is an actual lake in the open Atlantic, and the great current's waters take at least three years to circle it.

Properly speaking, the Sargasso Sea covers every submerged part of Atlantis. Certain authors have even held that the many weeds strewn over this sea were torn loose from the prairies of that ancient continent. But it's more likely that these grasses, algae, and fucus plants were carried off from the beaches of Europe and America, then taken as far as this zone by the Gulf Stream. This is one of the reasons why Christopher Columbus assumed the existence of a New World. When the ships of that bold investigator arrived in the Sargasso Sea, they had great difficulty navigating in the midst of these weeds, which, much to their crews' dismay, slowed them down to a halt; and they wasted three long weeks crossing this sector.

Such was the region our Nautilus was visiting just then: a genuine prairie, a tightly woven carpet of algae, gulfweed, and bladder wrack so dense and compact a craft's stempost couldn't tear through it without difficulty. Accordingly, not wanting to entangle his propeller in this weed–choked mass, Captain Nemo stayed at a depth some meters below the surface of the waves. The name Sargasso comes from the Spanish word sargazo, meaning gulfweed. This gulfweed, the swimming gulfweed or berry carrier, is the chief substance making up this immense shoal. And here's why these water plants collect in this placid Atlantic basin, according to the expert on the subject, Commander Maury, author of

The Physical Geography of the Sea.

The explanation he gives seems to entail a set of conditions that everybody knows: "Now," Maury says, "if bits of cork or chaff, or any floating substance, be put into a basin, and a circular motion be given to the water, all the light substances will be found crowding together near the center of the pool, where there is the least motion. Just such a basin is the Atlantic Ocean to the Gulf Stream, and the Sargasso Sea is the center of the whirl."[2]

Explanations and Sailing Directions by Matthew Fontaine Maury p.92 (1858)

I share Maury's view, and I was able to study the phenomenon in this exclusive setting where ships rarely go. Above us, huddled among the brown weeds, there floated objects originating from all over: tree trunks ripped from the Rocky Mountains or the Andes and sent floating down the Amazon or the Mississippi, numerous pieces of wreckage, remnants of keels or undersides, bulwarks staved in and so weighed down with seashells and barnacles, they couldn't rise to the surface of the ocean. And the passing years will someday bear out Maury's other view that by collecting in this way over the centuries, these substances will be turned to stone by the action of the waters and will then form inexhaustible coalfields. Valuable reserves prepared by farseeing nature for that time when man will have exhausted his mines on the continents.

In the midst of this hopelessly tangled fabric of weeds and fucus plants, I noted some delightful pink–colored, star–shaped alcyon coral, sea anemone trailing the long tresses of their tentacles, some green, red, and blue jellyfish, and especially those big rhizostome jellyfish that Cuvier described, whose bluish parasols are trimmed with violet festoons.

We spent the whole day of February 22 in the Sargasso Sea, where fish that dote on marine plants and crustaceans find plenty to eat. The next day the ocean resumed its usual appearance.

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 284 "Oh, just take and sharpen a good bread-knife," said Dapplegrim, "and do as if you were going to cut in two the third loaf on the left hand of those four loaves which are lying on the dresser in the king's kitchen, and you'll find her soon enough."

Yes, the lad was down in the kitchen in no time, and began to sharpen the biggest bread-knife he could lay hands on; then he caught hold of the third loaf on the left hand, and put the knife to it, as though he was going to cut it in two.

"I'll just have a slice off this loaf," he said.

"Nay, dear friend," said the Princess, "don't cut. It's I."

So he had found her twice.

Then he was to go and hide; but he and Dapplegrim had settled it all so well beforehand, it wasn't easy to find him. First he turned himself into a tick and hid himself in Dapplegrim's left nostril; and the Princess went about hunting him everywhere, high and low; at last she wanted to go into Dapplegrim's stall, but he began to bite and kick, so that she daren't go near him, and so she couldn't find the lad.

"Well," she said, "since I can't find you, you must show where you are yourself;" and in a trice the lad stood there on the stable floor.

The second time Dapplegrim told him again what to do; and then he turned himself into a clod of earth, and stuck himself between Dapple's hoof and shoe on the near forefoot. So the Princess hunted up and down, out and in, everywhere; at last she came into the stable, and wanted to go into Dapplegrim's loose-box. This time he let her come up to him, and she pried high and low, but under his hoofs she


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User talk:BethCodling

Jeepday (talk) 00:34, 8 November 2010 (UTC)

title: User talk:BethCodling


text:
United States Code/Title 16/Chapter 31

Title 16 — Conservation — Marine Mammal Protection

title: United States Code/Title 16/Chapter 31


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 Rh couldn't come, for he stood firm as a rock on his feet, and so she couldn't find the lad.

"Well; you must just show yourself, for I'm sure I can't find you," said the Princess, and as she spoke the lad stood by her side on the stable floor.

"Now you are mine indeed," said the lad; "for now you can see I'm fated to have you." This he said both to the father and daughter.

"Yes; it is so fated, said the king; "so it must be."

Then they got ready the wedding in right-down earnest, and lost no time about it; and the lad got on Dapplegrim, and the Princess on Dapplegrim's match, and then you may fancy they were not long on their way to the church.

FARMER WEATHERSKY.

on a time there was a man and his wife, who had an only son, and his name was Jack. The old dame thought it high time for her son to go out into the world to learn a trade, and bade her husband be off with him,

"But all you do," she said, "mind you bind him to some one who can teach him to be master above all masters;" and with that she put some food and a roll of tobacco into a bag, and packed them off.

Well, they went to many masters; but one and all said they could make the lad as good as themselves, but better they couldn't make him. So when the man came home again to his wife with that answer, she said,—


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 286 "I don't care what you make of him; but this I say and stick to, you must bind him to some one where he can learn to be master above all masters;" and with that she packed up more food and another roll of tobacco, and father and son had to be off again.

Now when they had walked a while they got upon the ice, and there they met a man who came whisking along in a sledge, and drove a black horse.

"Whither away?" said the man.

"Well," said the father, "I'm going to bind my son to some one who is good to teach him a trade; but my old dame comes of such fine folk, she will have him taught to be master above all masters."

"Well met then," said the driver; "I'm just the man for your money, for I'm looking out for such an apprentice. Up with you behind!" he added to the lad, and whisk! off they went, both of them, and sledge and horse, right up into the air.

"Nay, nay!" cried the lad's father, "you haven't told me your name, nor where you live."

"Oh!" said the master, "I'm at home alike north and south, east and west, and my name's Farmer Weathersky. In a year and a day you may come here again, and then I'll tell you if I like him." So away they went through the air, and were soon out of sight.

So when the man got home, his old dame asked what had become of her son.

"Well," said the man, "Heaven knows, I'm sure I don't. They went up aloft;" and so he told her what had happened. But when the old dame heard that her husband couldn't tell at all when her son's apprenticeship would be out, nor


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 Rh whither he had gone, she packed him off again, and gave him another bag of food and another roll of tobacco.

So, when he had walked a bit, he came to a great wood, which stretched on and on all day as he walked through it. When it got dark he saw a great light, and he went towards it. After a long, long time he came to a little hut under a rock, and outside stood an old hag drawing water out of a well with her nose, so long was it.

"Good evening, mother!" said the man.

"The same to you," said the old hag. "It's hundreds of years since any one called me mother."

"Can I have lodging here to-night?" asked the man.

"No, that you can't," said she.

But then the man pulled out his roll of tobacco, lighted his pipe, and gave the old dame a whiff and a pinch of snuff. Then she was so happy she began to dance for joy, and the end was, she gave the man leave to stop the night.

So next morning he began to ask after Farmer Weathersky. "No, she never heard tell of him, but she ruled over all the four-footed beasts; perhaps some of them might know him." So she played them all home with a pipe she had, and asked them all, but there wasn't one of them who knew anything about Farmer Weathersky.

"Well," said the old hag, "there are three sisters of us; maybe one of the other two knows where he lives. I'll lend you my horse and sledge, and then you'll beat her house by night; but it's at least three hundred miles off, the nearest way."

Then the man started off, and at night reached the house, and when he came there, there stood another old hag before the door drawing water out of the well with her nose.


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 288 "Good evening, mother!" said the man.

"The same to you," said she; "it's hundreds of years since any one called me mother."

"Can I lodge here to-night?" asked the man.

"No," said the old hag.

But he took out his roll of tobacco, lighted his pipe, and gave the old dame a whiff, and a good pinch of snuff besides on the back of her hand. Then she was so happy that she began to jump and dance for joy, and so the man got leave to stay the night. When that was over, he began to ask after Farmer Weathersky. "No, she had never heard tell of him; but she ruled all the fish in the sea; perhaps some of them might know something about him." So she played them all home with a pipe she had, and asked them, but there wasn't one of them who knew anything about Farmer Weathersky.

"Well, well!" said the old hag, "there's one sister of us left; maybe she knows something about him. She lives six hundred miles off, but I'll lend you my horse and sledge, and then you'll get there by nightfall."

Then the man started off, and reached the house by nightfall, and there he found another old hag who stood before the grate, and stirred the fire with her nose, so long and tough it was.

"Good evening, mother!" said the man.

"The same to you," said the old hag; "it's hundreds of years since any one called me mother."

"Can I lodge here to-night?" asked the man.

"No," said the old hag.

Then the man pulled out his roll of tobacco again, and lighted his pipe, and gave the old hag such a pinch of snuff


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 Rh it covered the whole back of her hand. Then she got so happy she began to dance for joy, and so the man got leave to stay.

But when the night was over, he began to ask after Farmer Weathersky. She never heard tell of him, she said; but she ruled over all the birds of the air, and so she played them all home with a pipe she had, and when she had mustered them all, the Eagle was missing. But a little while after he came flying home, and when she asked him, he said he had just come straight from Farmer Weathersky. Then the old hag said he must guide the man thither; but the Eagle said he must have something to eat first, and besides he must rest till the next day; he was so tired with flying that long way, he could scarce rise from the earth.

So when he had eaten his fill and taken a good rest, the old hag pulled a feather out of the Eagle's tail, and put the man there in its stead; so the Eagle flew off with the man, and flew, and flew, but they didn't reach Farmer Weathersky's house before midnight.

So when they got there, the Eagle said,—

"There are heaps of dead bodies lying about outside, but you mustn't mind them. Inside the house every man Jack of them are so sound asleep, 'twill be hard work to wake them; but you must go straight to the table drawer, and take out of it three crumbs of bread, and when you hear some one snoring loud, pull three feathers out of his head; he won't wake for all that."

So the man did as he was told, and after he had taken the crumbs of bread, he pulled out the first feather.

"OOF!" growled Farmer Weathersky, for it was he who snored.


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 290 So the man pulled out another feather.

"OOF!" he growled again.

But when he pulled out the third, Farmer Weathersky roared so, the man thought roof and wall would have flown asunder, but for all that the snorer slept on.

After that the Eagle told him what he was to do. He went to the yard, and there at the stable-door he stumbled against a big gray stone, and that he lifted up; underneath it lay three chips of wood, and those he picked up too; then he knocked at the stable-door, and it opened of itself. Then he threw down the three crumbs of bread, and a hare came and ate them up; that hare he caught and kept. After that the Eagle bade him pull three feathers out of his tail, and put the hare, the stone, the chips, and himself there instead, and then he would fly away home with them all.

So when the Eagle had flown a long way, he lighted on a rock to rest.

"Do you see anything?" it asked.

"Yes," said the man; "I see a flock of crows coming flying after us."

"We'd better be off again, then," said the Eagle, who flew away. After a while it asked again,—

"Do you see anything now?"

"Yes," said the man; "now the crows are close behind us."

"Drop now the three feathers you pulled out of his head," said the Eagle.

Well, the man dropped the feathers, and as soon as ever he dropped them they became a flock of ravens which drove the crows home again. Then the Eagle flew on far


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 Rh away with the man, and at last it lighted on another stone to rest.

"Do you see anything?" it said.

"I'm not sure," said the man; "I fancy I see something coming far far away."

"We'd better get on then," said the Eagle; and after a while it said again—

"Do you see anything?"

"Yes," said the man; "now he's close at our heels."

"Now you must let fall the chips of wood which you took from under the gray stone at the stable door," said the Eagle.

Yes, the man let them fall, and they grew at once up into tall thick wood, so that Farmer Weathersky had to go back home to fetch an axe to hew his way through. While he did this, the Eagle flew ever so far, but when it got tired, it lighted on a fir to rest.

"Do you see anything?" it said.

"Well, I'm not sure," said the man; "but I fancy I catch a glimpse of something far away."

"We'd best be off then," said the Eagle; and off it flew as fast as it could. After a while it said,—

Do you see anything now?"

"Yes; now he's close behind us," said the man.

"Now, you must drop the big stone you lifted up at the stable door," said the Eagle.

The man did so, and as it fell, it became a great high mountain, which Farmer Weathersky had to break his way through. When he had got half through the mountain, he tripped and broke one of his legs, and so he had to limp home again and patch it up.

But while he was doing this, the Eagle flew away to the


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 292 man's house with him and the hare, and as soon as they got home, the man went into the churchyard and sprinkled Christian mould over the hare, and lo! it turned into "Jack," his son.

Well, you may fancy the old dame was glad to get her son again, but still she wasn't easy in her mind about his trade, and she wouldn't rest till he gave her a proof that he was "master above all masters."

So when the fair came round, the lad changed himself into a bay horse, and told his father to lead him to the fair.

"Now, when any one comes," he said, "to buy me, you may ask a hundred dollars for me; but mind you don't forget to take the headstall off me; if you do, Farmer Weathersky will keep me for ever, for he it is who will come to deal with you."

So it turned out. Up came a horse-dealer, who had a great wish to deal for the horse, and he gave a hundred dollars down for him; but when the bargain was struck, and Jack's father had pocketed the money, the horse-dealer wanted to have the headstall. "Nay, nay!" said the man, "there's nothing about that in the bargain; and besides, you can't have the headstall, for I've other horses at home to bring to town to-morrow."

So each went his way, but they hadn't gone far before Jack took his own shape and ran away, and when his father got home, there sat Jack in the ingle.

Next day he turned himself into a brown horse, and told his father to drive him to the fair.

"And when any one comes to buy me, you may ask two hundred dollars for me—he'll give that and treat you besides: but whatever you do, and however much you


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 Rh drink, don't forget to take the headstall off me, else you'll never set eyes on me again."

So all happened as he had said; the man got two hundred dollars for the horse and a glass of drink besides, and when the buyer and seller parted, it was as much as he could do to remember to take off the headstall. But the buyer and the horse hadn't got far on the road before Jack took his own shape, and when the man got home, there sat Jack in the ingle.

The third day it was the same story over again; the lad turned himself into a black horse, and told his father some one would come and bid three hundred dollars for him, and fill his skin with meat and drink besides; but however much he ate or drank, he was to mind and not forget to take the headstall off, else he'd have to stay with Farmer Weathersky all his life long.

"No, no; I'll not forget, never fear," said the man.

So when he came to the fair, he got three hundred dollars for the horse, and as it wasn't to be a dry bargain, Farmer Weathersky made him drink so much that he quite forgot to take the headstall off, and away went Farmer Weathersky with the horse. Now when he had gone a little way, Farmer Weathersky thought he would just stop and have another glass of brandy; so he put a barrel of red-hot nails under his horse's nose, and a sieve of oats under his tail, hung the halter upon a hook, and went into the inn. So the horse stood there, and stamped and pawed, and snorted and reared. Just then out came a lassie, who thought it a shame to treat a horse so.

"Oh, poor beastie," she said, "what a cruel master you must have to treat you so," and as she said this she pulled


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 294 the halter off the hook, so that the horse might turn round and taste the oats.

"," roared Farmer Weathersky, who came rushing out of the door. But the horse had already shaken off the headstall, and jumped into a duck-pond, where he turned himself into a tiny fish. In went Farmer Weathersky after him, and turned himself into a great pike. Then Jack turned himself into a dove, and Farmer Weathersky made himself into a hawk, and chased and struck at the dove. But just then a Princess stood at the window of the palace and saw this struggle.

"Ah! poor dove," she cried, "if you only knew what I know, you'd fly to me through this window."

So the dove came flying in through the window, and turned itself into Jack again, who told his own tale.

"Turn yourself into a gold ring, and put yourself on my finger," said the Princess.

"Nay, nay!" said Jack, "that'll never do, for then Farmer Weathersky will make the King sick, and then there'll be no one who can make him well again till Farmer Weathersky comes and cures him, and then, for his fee he'll ask for that gold ring."

"Then I'll say I had it from my mother, and can't part with it," said the Princess.

Well, Jack turned himself into a gold ring, and put himself on the Princess' finger, and so Farmer Weathersky couldn't get at him. But then followed what the lad had foretold; the King fell sick, and there wasn't a doctor in the kingdom who could cure him till Farmer Weathersky came, and he asked for the ring off the Princess' finger for


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 Rh his fee. So the King sent a messenger to the Princess for the ring; but the Princess said she wouldn't part with it, her mother had left it her. When the King heard that, he flew into a rage, and said he would have the ring, whoever left it to her.

"Well," said the Princess, "it's no good being cross about it. I can't get it off, and if you must have the ring you must take my finger too."

"If you'll let me try, I'll soon get the ring off," said Farmer Weathersky.

"No, thanks, I'll try myself," said the Princess, and flew off to the grate and put ashes on her finger. Then the ring slipped off and was lost among the ashes. So Farmer Weathersky turned himself into a cock, who scratched and pecked after the ring in the grate, till he was up to the ears in ashes. But while he was doing this, Jack turned himself into a fox, and bit off the cock's head, and so if the Evil One was in Farmer Weathersky, it is all over with him now.

LORD PETER

on a time there was a poor couple, and they had nothing in the world but three sons. What the names the two elder had I can't say, but the youngest he was called Peter. So when their father and mother died, the sons were to share what was left, but there was nothing but a porridge-pot, a griddle, and a cat.


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 296 The eldest, who was to have first choice, he took the pot; "for," said he, "whenever I lend the pot to any one to boil porridge, I can always get leave to scrape it."

The second took the griddle; "for," said he, "whenever I lend it to any one, I'll always get a morsel of dough to make a bannock."

But the youngest, he had no choice left him; if he was to choose anything it must be the cat.

"Well," said he, "if I lend the cat to any one I shan't get much by that; for if pussy gets a drop of milk, she'll want it all herself. Still, I'd best take her along with me; I shouldn't like her to go about here and starve." So the brothers went out into the world to try their luck, and each took his own way; but when the youngest had gone a while, the Cat said,—

"Now you shall have a good turn, because you wouldn't let me stay behind in the old cottage and starve. Now, I'm off to the wood to lay hold of a fine fat head of game, and then you must go up to the king's palace that you see yonder, and say you are come with a little present for the king; and when he asks who sends it, you must say, 'Why, who should it be from but Lord Peter?'"

Well, Peter hadn't waited long before back came the Cat with a reindeer from the wood; she had jumped up on the reindeer's head, between his horns, and said, "If you don't go straight to the king's palace I'll claw your eyes out."

So the reindeer had to go whether he liked it or no. And when Peter got to the palace he went into the kitchen with the deer, and said,—"Here I'm come with a little present for the King, if he won't despise it."


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 Rh Then the King went out into the kitchen, and when he saw the fine plump reindeer, he was very glad.

"But, my dear friend," he said, "who in the world is it that sends me such a fine gift?"

"Oh!" said Peter, "who should send it but Lord Peter."

"Lord Peter! Lord Peter!" said the King. "Pray tell me where he lives;" for he thought it a shame not to know so great a man. But that was just what the lad wouldn't tell him; he daren't do it, he said, because his master had forbidden him.

So the King gave him a good bit of money to drink his health, and bade him be sure and say all kind of pretty things, and many thanks for the present to his master when he got home.

Next day the Cat went again into the wood, and jumped up on a red-deer's head, and sat between his horns, and forced him to go to the palace. Then Peter went again into the kitchen, and said he was come with a little present for the King, if he would be pleased to take it. And the King was still more glad to get the red-deer than he had been to get the reindeer, and asked again who it was that sent so fine a present.

"Why, it's Lord Peter, of course," said the lad; but when the King wanted to know where Lord Peter lived, he got the same answer as the day before; and this day, too, he gave Peter a good lump of money to drink his health with.

The third day the Cat came with an elk. And so when Peter got into the palace-kitchen, and said he had a little present for the King, of he'd be pleased to take it, the


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 298 King came out at once into the kitchen; and when he saw the grand big elk, he was so glad he scarce knew which leg to stand on; and this day, too, he gave Peter many many more dollars—at least a hundred. He wished now, once for all, to know where this Lord Peter lived, and asked and asked about this thing and that, but the lad said he daren't say for his master's sake, who had strictly forbidden him to tell.

"Well, then," said the King, "beg Lord Peter to come and see me."

Yes, the lad would take that message; but when Peter got out into the yard again, and met the Cat, he said,—

"A pretty scrape you've got me into now, for here's the King, who wants me to come and see him, and you know I've nothing to go in but these rags I stand and walk in."

"Oh, don't be afraid about that," said the Cat; "in three days you shall have coach and horses, and fine clothes, so fine that the gold falls from them, and then you may go and see the King very well. But mind, whatever you see in the King's palace, you must say you have far finer and grander things of your own. Don't forget that."

No, no, Peter would bear that in mind, never fear.

So when three days were over, the Cat came with a coach and horses, and clothes, and all that Peter wanted, and altogether it was as grand as anything you ever set eyes on; so- off he set, and the Cat ran alongside the coach. The King met him well and graciously; but whatever the King offered him, and whatever he showed him, Peter said, 'twas all very well, but he had far finer and better things in his own house. The King seemed not quite to believe this, but Peter stuck to what he said, and at last the King got so angry, he couldn't bear it any longer.


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 Rh "Now I'll go home with you," he said, "and see if it be true what you've been telling me, that you have far finer and better things of your own. But if you've been telling a pack of lies, Heaven help you, that's all I say."

"Now, you've got me into a fine scrape," said Peter to the Cat, "for here's the King coming home with me; but my home, that's not so easy to find, I think."

"Oh! never mind," said the Cat; "only do you drive after me as I run before."

So off they set; first Peter, who drove after his Cat, and then the King and all his court.

But when they had driven a good bit, they came to a great flock of fine sheep, that had wool so long it almost touched the ground.

"If you'll only say," said the Cat to the shepherd, "this flock of sheep belongs to Lord Peter, when the King asks you, I'll give you this silver spoon," which she had taken with her from the King's palace.

Yes, he was willing enough to do that. So when the King came up, he said to the lad who watched the sheep,—

"Well, I never saw so large and fine a flock of sheep in my life! Whose is it, my little lad?"

"Why," said the lad, "whose should it be but Lord Peter's?"

A little while after they came to a great, great herd of fine brindled kine, who were all so sleek the sun shone from them.

"If you'll only say," said the Cat to the neat-herd, "this herd is Lord Peter's, when the King asks you, I'll give you this silver ladle;" and the ladle too she had taken from the King's palace.


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 300 "Yes, with all my heart," said the neat-herd.

So when the King came up, he was quite amazed at the fine fat herd, for such a herd he had never seen before, and so he asked the neat-herd who owned those brindled kine.

"Why, who should own them but Lord Peter?" said the neat-herd.

So they went on a little farther, and came to a great, great drove of horses, the finest you ever saw, six of each colour, bay, and black, and brown, and chestnut.

"If you'll only say this drove of horses is Lord Peter's when the King asks you," said the Cat, "I'll give you this silver stoop;" and the stoop too she had taken from the palace.

Yes, the lad was willing enough; and so when the King came up, he was quite amazed at the grand drove oi horses, for the matches of such horses he had never yet set eyes on, he said.

So he asked the lad who watched them, whose all these blacks, and bays, and browns, and chestnuts were.

"Whose should they be," said the lad, "but Lord Peter's?"

So when they had gone a good bit farther, they came to a castle; first there was a gate of tin, and next a gate of silver, and next a gate of gold. The castle itself was of silver, and so dazzling white, that it quite hurt one's eyes to look at in the sunbeams which fell on it just as they reached it.

So they went into it, and the Cat told Peter to say this was his house. As for the castle inside, it was far finer than it looked outside, for everything was pure gold,—chairs, and tables, and benches, and all. And when the King had gone all over it, and seen everything high and low, he got quite shameful and downcast.


text: Dictionary of National Biography, 1885-1900/Cornwall, Charles Wolfran


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and captain in 1798, captain and lieutenant-colonel in 1805, and regimental first major in 1814. He served with his regiment at Ferrol, Vigo, and Cadiz in 1800, in Egypt in 1801 (medal), in Hanover in 1805-6, and accompanied it to Portugal in 1809. He was present at Busaco, and commanded the light companies of the guards, with some companies of the 95th rifles attached, at Fuentes d'Onoro (, Wellington Desp. iv. 776). He commanded the first battalion 3rd guards in the Peninsular campaigns of 1812-14, including the battle of Salamanca, the capture of Madrid, the siege of Burgos and retreat therefrom, the battle of Vittoria, passage of the Bidassoa, actions on the Nive, the passage of the Adour, and the investment of and repulse of the sortie from Bayonne, on which occasion he succeeded to the command of the second brigade of guards when Major-general Edward Stopford was wounded (gold cross and war medal). Guise became a major-general in 1819, was made C.B. in 1831, became a lieutenant-general and K.C.B. in 1841, colonel 85th light infantry in 1847, general 1851, G.C.B. 1863. He married in 1815 Charlotte Diana, daughter of John Vernon of Clontarf Castle, co. Dublin, by whom he left issue William Vernon, the fourth baronet, and other children. He succeeded to the baronetcy on the death of his brother Berkeley William, the second baronet, in 1834. Guise was senior general in the 'Army List' at the time of his death, which took place at Elmore Court on 1 April 1865, at the age of 87.

[Burke's Extinct Baronetage under 'Gyse;' Foster's Baronetage under 'Guise;' Army Lists and London Gazettes; Gent. Mag. 1865, pt. i. p. 666.]  GUISE, WILLIAM (1653?–1683), orientalist, born about 1653, the son of John Guise, came of a knightly family seated at Elmore Court, near Gloucester. He entered Oriel College, Oxford, in 1669 as a commoner, but graduated B.A. as a fellow of All Souls' College on 4 April 1674, proceeding M.A. on 16 Oct. 1677 (, Fasti, ed. Bliss, ii. 343, 361). He was ordained, and continued to reside at Oxford 'in great esteem for his oriental learning.' In 1680 he resigned his fellowship on his marriage to Frances, daughter of George Southcote of Devonshire. He died of small-pox on 3 Sept. 1683, and was buried in the 'college' chancel in St. Michael's Church, Oxford, where a monument was soon afterwards erected to his memory by his widow. His will, dated 23 Aug. 1683, was proved at London on the following 16 Nov. by Frances Guise, his relict (registered in P. C. C. 124, Drax), his father, John Guise, and Sir John Guise, bart., being appointed the overseers.

He left issue a son John, a daughter Frances, and a child unborn. After his death Dr. Edward Bernard [q. v.], Savilian professor of astronomy, published 'Misnæ Pars: Ordinis primi Zeraim Tituli septem. Latinè vertit & commentario illustravit Gvlielmvs Gvisivs. Accedit Mosis Maimonidis Præfatio in Misnam Edv. Pocockio interprete,' 4to, Oxford, 1690. A few of Guise's manuscripts are among the Marshian collection in the Bodleian Library, such as a transcript of the Koran with a collation (No. 533), and several volumes of excerpts, historical and geographical.

[Wood's Athenæ Oxon. (Bliss), iv. 114-15; Burke's Extinct Baronetage; Burke's Peerage and Baronetage.]  GULL, WILLIAM WITHEY (1816–1890), physician, the youngest son of Mr. John Gull, a barge-owner and wharfinger, of Thorpe-le-Soken, Essex, was born at Colchester on 31 Dec. 1816. His father died when he was ten years old, and young Gull was educated privately, chiefly by his mother and the Rev. S. Seaman. After being for some time an assistant in a school at Lewes, he entered Guy's Hospital as a student in 1837, and graduated M.B. at London University in 1841, and M.D. in 1846. He was appointed medical tutor at Guy's soon after taking his M.B. degree. From 1843 to 1847 he lectured on natural philosophy, and from 1846 to 1856 on physiology and comparative anatomy. He became fellow of the Royal College of Physicians in 1848, and from 1847 to 1849 he was Fullerian professor of physiology at the Royal Institution. In 1851 he was appointed assistant physician, and in 1856 full physician at Guy's. In the same year he became joint lecturer on medicine, and held the post till 1865 with great success. Resigning, owing to his increasing practice, he remained consulting physician to Guy's till his death, being latterly a governor of the hospital. Gull was one of the first graduates of London University appointed a member of the senate. He was censor of the College of Physicians in 1859-61 and in 1872-3, and councillor in 1863-4. He was elected F.R.S. in 1869, and received the degree of D.C.L. from Oxford in 1868, and that of LL.D. from Cambridge and from Edinburgh in 1880. He was a member of the general medical council from 1871 to 1883, and from 1886 till his illness in 1887. He attended the Prince of Wales during his severe illness from typhoid fever in 1871, and was thus brought into much


text: Dictionary of National Biography, 1885-1900/Guise, John Wright


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


text: The Yellow Claw/Chapter XV

title: The Yellow Claw/Chapter XV


text: The Yellow Claw/Chapter XVI

title: The Yellow Claw/Chapter XVI


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HEN the car stopped at the end of a short drive, Soames had not the slightest idea of his whereabouts. The blinds at the window of the limousine had been lowered during the whole journey, and now he descended from the step of the car on to the step of a doorway. He was in some kind of roofed-in courtyard, only illuminated by the headlamps of the car. Mr. Gianapolis pushed him forward, and, as the door was closed, he heard the gear of the car reversed; then—silence fell.

“My grip!” he began, nervously.…

“It will be placed in your room, Soames.”

The voice of the Greek answered him from the darkness.

Guided by the hand of Gianapolis, he passed on and descended a flight of stone steps. Ahead of him a light shone out beneath a door, and, as he stumbled on the steps, the door was thrown suddenly open.

He found himself looking into a long, narrow apartment.…He pulled up short with a smothered, gasping cry.

title: Page:Yellow Claw 1920.djvu/152


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 It was a cavern!—but a cavern the like of which he had never seen, never imagined. The walls had the appearance of being rough-hewn from virgin rock—from black rock—from rock black as the rocks of Shellal—black as the gates of Erebus.

Placed at regular intervals along the frowning walls, to right and left, were spiral, slender pillars, gilded and gleaming. They supported an archwork of fancifully carven wood, which curved gently outward to the center of the ceiling, forming, by conjunction with a similar, opposite curve, a pointed arch.

In niches of the wall were a number of grotesque Chinese idols. The floor was jet black and polished like ebony. Several tiger-skin rugs were strewn about it. But, dominating the strange place, in the center of the floor stood an ivory pedestal, supporting a golden dragon of exquisite workmanship; and before it, as before a shrine, an enormous Chinese vase was placed, of the hue, at its base, of deepest violet, fading, upward, through all the shades of rose pink seen in an Egyptian sunset, to a tint more elusive than a maiden’s blush. It contained a mass of exotic poppies of every shade conceivable, from purple so dark as to seem black, to poppies of the whiteness of snow.

Just within the door, and immediately in front of Soames, stood a slim man of about his own height, dressed with great nicety in a perfectly fitting morning-coat, his well-cut cashmere trousers falling

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 over glossy boots having gray suede uppers. His linen was immaculate, and he wore a fine pearl in his black poplin cravat. Between two yellow fingers smoldered a cigarette.

Soames, unconsciously, clenched his fists: this slim man embodied the very spirit of the outré. The fantastic surroundings melted from the ken of Soames, and he seemed to stand in a shadow-world, alone with an incarnate shadow.

For this was a Chinaman! His jet black lusterless hair was not shaven in the national manner, but worn long, and brushed back from his slanting brow with no parting, so that it fell about his white collar behind, lankly. He wore gold-rimmed spectacles, which magnified his oblique eyes and lent him a terrifying beetle-like appearance. His mephistophelean eyebrows were raised interrogatively, and he was smiling so as to exhibit a row of uneven yellow teeth.

Soames, his amazement giving place to reasonless terror, fell back a step—into the arms of Gianapolis.

“This is our friend from Palace Mansions,” said the Greek. He squeezed Soames’ arm, reassuringly. “Your new principal, Soames, Mr. Ho-Pin, from whom you will take your instructions.”

“I have these instructions for Mr. Soames,” said Ho-Pin, in a metallic, monotonous voice. (He gave to r half the value of w, with a hint of the presence of l.) '“ [sic]He will wremain here as valet

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 the search fowr him becomes less wrigowrous.”

Soames, scarce believing that he was awake, made no reply. He found himself unable to meet the glittering eyes of the Chinaman; he glanced furtively about the room, prepared at any moment to wake up from what seemed to him an absurd, a ghostly dream.

“Said will change his appeawrance,” continued Ho-Pin, smoothly, “so that he will not wreadily be wrecognized. Said will come now.”

Ho-Pin clapped his hands three times.

The door at the end of the room immediately opened, and a thick-set man of a pronounced Arabian type, entered. He wore a chauffeur’s livery of dark blue; and Soames recognized him for the man who had driven the car.

“Said,” said Ho-Pin very deliberately, turning to face the new arrival, “''âhu hina—Lucas Effendi—Mr. Lucas. Waddî el—shenta ila betâ ôda. Fehimt?''”

Said bowed his head.

“Fâhim, effendi,” he muttered rapidly.

“Ma fîhsh.”…

Again Said bowed his head, then, glancing at Soames:—

“Ta’ala wayyaya!” he said.

Soames, looking helplessly at Gianapolis—who merely pointed to the door—followed Said from the room.

He was conducted along a wide passage, thickly

title: Page:Yellow Claw 1920.djvu/155


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 carpeted and having its walls covered with a kind of matting kept in place by strips of bamboo. Its roof was similarly concealed. A door near to the end, and on the right, proved to open into a square room quite simply furnished in the manner of a bed-sitting room. A little bathroom opened out of it in one corner. The walls were distempered white, and there was no window. Light was furnished by an electric lamp, hanging from the center of the ceiling.

Soames, glancing at his bag, which Said had just placed beside the white-enameled bedstead, turned to his impassive guide.

“This is a funny go!” he began, with forced geniality. “Am I to live here?”

“Ma’lêsh!” muttered Said—“ma’lêsh!”

He indicated, by gestures, that Soames should remove his collar; he was markedly unemotional. He crossed to the bathroom, and could be heard filling the hand-basin with water.

“Kûrsi!” he called from within.

Soames, seriously doubting his own sanity, and so obsessed with a sense of the unreal that his senses were benumbed, began to take off his collar; he could not feel the contact of his fingers with his neck in the act. Collarless, he entered the little bathroom.…

“Kûrsi!” repeated Said; then: “''Ah! ana nesît! ma’lêsh!''”

Said—whilst Soames, docile in his stupor,

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 watched him—went back, picked up the solitary cane chair which the apartment boasted, and brought it into the bathroom. Soames perceived that he was to be treated to something in the nature of a shampoo; for Said had ranged a number of bottles, a cake of soap, and several towels, along a shelf over the bath.

In a curious state of passivity, Soames submitted to the operation. His hair was vigorously toweled, then fanned in the most approved fashion; but this was no more than the beginning of the operation. As he leaned back in the chair:

“Am I dreaming?” he said aloud. “What’s all this about?”

“Uskut!” muttered Said—“Uskut!”

Soames, at no time an aggressive character, resigned himself to the incredible.

Some lotion, which tingled slightly upon the scalp, was next applied by Said from a long-necked bottle. Then, fresh water having been poured into the basin, a dark purple liquid was added, and Soames’ head dipped therein by the operating Eastern. This time no rubbing followed, but after some minutes of vigorous fanning, he was thrust back into the chair, and a dry towel tucked firmly into his collar-band. He anticipated that he was about to be shaved, and in this was not disappointed.

Said, filling a shaving-mug from the hot-water tap, lathered Soames’ chin and the abbreviated whiskers upon which he had prided himself. Then the razor

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 was skilfully handled, and Soames’ face shaved until his chin was as smooth as satin.

Next, a dark brown solution was rubbed over the skin, and even upon his forehead and right into the roots of the hair; upon his throat, his ears, and the back of his neck. He was now past the putting of questions or the raising of protest; he was as clay in the hands of the silent Oriental. Having fanned his wet face again for some time, Said, breaking the long silence, muttered:

“Ikfil’iyyun!”

Soames stared. Said indicated, by pantomime, that he desired him to close his eyes, and Soames obeyed mechanically. Thereupon the Oriental busied himself with the ex-butler’s not very abundant lashes for five minutes or more. Then the busy fingers were at work with his inadequate eyebrows: finally:—

“Khalâs!” muttered Said, tapping him on the shoulder.

Soames wearily opened his eyes, wondering if his strange martyrdom were nearly at its end. He discovered his hair to be still rather damp, but, since it was sparse, it was rapidly drying. His eyes smarted painfully.

Removing all trace of his operations, Said, with no word of farewell, took up his towels, bottles and other paraphernalia and departed.

Soames watched the retreating figure crossing the outer room, but did not rise from the chair until the

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 door had closed behind Said. Then, feeling strangely like a man who has drunk too heavily, he stood up and walked into the bedroom. There was a small shaving-glass upon the chest-of-drawers, and to this he advanced, filled with the wildest apprehensions.

One glance he ventured, and started back with a groan.

His apprehensions had fallen short of the reality. With one hand clutching the bedrail, he stood there swaying from side to side, and striving to screw up his courage to the point whereat he might venture upon a second glance in the mirror. At last he succeeded, looking long and pitifully.

“Oh, Lord!” he groaned, “what a guy!”

Beyond doubt he was strangely changed. By nature, Luke Soames had hair of a sandy color; now it was of so dark a brown as to seem black in the lamplight. His thin eyebrows and scanty lashes were naturally almost colorless; but they were become those of a pronounced brunette. He was of pale complexion, but to-night had the face of a mulatto, or of one long in tropical regions. In short, he was another man—a man whom he detested at first sight!

This was the price, or perhaps only part of the price, of his indiscretion. Mr. Soames was become Mr. Lucas. Clutching the top of the chest-of-drawers with both hands, he glared at his own reflection, dazedly.

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