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 “Whatever is the matter?” he inquired plaintively.

“So you must be off—yes? I hear you say it; I asking you who to meet?”

“Why do you speak in English?” said Gianapolis with a faint irritation. “Let us talk…”

She struck him lightly on the face with her fan; but he clenched his teeth and suppressed an ugly exclamation.

“Who was it?” she asked, musically, “that say to me, ‘to hear you speaking English—like rippling water’?”

“You are mad!” muttered Gianapolis, beginning to drill the points of his mustache as was his manner in moments of agitation. His crooked eyes were fixed upon the face of the girl. “You go too far.”

“Be watching, my friend, that you also go not too far.”

The tones were silvery as ever, but the menace unmistakable. Gianapolis forced a harsh laugh and brushed up his mustache furiously.

“What are you driving at?” he demanded, with some return of self-confidence. “Am I to be treated to another exhibition of your insane jealousies?”…

“Ah!” The girl’s eyes opened widely; she darted another venomous glance at him. “I am sure now, I am sure!”

“My dear Mahâra, you talk nonsense!”

“Ah!”

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 She glided sinuously toward him, still with one hand resting upon her hip, stood almost touching his shoulder and raised her beautiful wicked face to his, peering at him through half-closed eyes, and resting the hand which grasped the fan lightly upon his arm.

“You think I do not see? You think I do not watch?”—softer and softer grew the silvery voice—“at Olaf van Noord’s studio you think I do not hear? Perhaps you not thinking to care if I see and hear—for it seem you not seeing nor hearing me. I watch and I see. Is it her so soft brown hair? That color of hair is so more prettier than ugly black! Is it her English eyes? Eyes that born in the dark forests of Burma so hideous and so like the eyes of the apes! Is it her white skin and her red cheeks? A brown skin—though someone, there was, that say it is satin of heaven—is so tiresome; when no more it is a new toy it does not interest”…

“Really,” muttered Gianapolis, uneasily, “I think you must be mad! I don’t know what you are talking about.”

“Liar!”

One lithe step forward the Eurasian sprang, and, at the word, brought down the fan with all her strength across Gianapolis’ eyes!

He staggered away from her, uttering a hoarse cry and instinctively raising his arms to guard himself from further attack; but the girl stood poised again, her hand upon her hip; and swinging her right

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 toe to and fro. Gianapolis, applying his handkerchief to his eyes, squinted at her furiously.

“Liar!” she repeated, and her voice had something of a soothing whisper. “I say to you, be so careful that you go not too far—with me! I do what I do, not because I am a poor fool”…

“It’s funny,” declared Gianapolis, an emotional catch in his voice—“it’s damn funny for you—for you—to adopt these airs with me! Why, you went to Olaf van”…

“Stop!” cried the girl furiously, and sprang at him panther-like, so that he fell back again in confusion, stumbled and collapsed upon a divan, with upraised, warding arms. “You Greek rat! you skinny Greek rat! Be careful what you think to say to me—to me! to me! Olaf van Noord—the poor, white-faced corpse-man! He is only one of Said’s mummies! Be careful what you think to say to me…Oh! be careful—be very careful! It is dangerous of any friend of—Mr. King”…

Gianapolis glanced at her furtively.

“It is dangerous of anyone in a house of—Mr. King to think to make attachments,”—she hissed the words beneath her breath—“outside of ourselves. Mr. King would not be glad to hear of it…I do not like to tell it to Mr. King”…

Gianapolis rose to his feet, unsteadily, and stretched out his arms in supplication.

“Mahâra!” he said, “don’t treat me like this!

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 dear little Mahâra! what have I done to you? Tell me!—only tell me!”

“Shall I tell it in English?” asked the Eurasian softly. Her eyes now were nearly closed; “or does it worry you that I speak so ugly”…

“Mahâra!”…

“I only say, be so very careful.”

He made a final, bold attempt to throw his arms about her, but she slipped from his grasp and ran lightly across the room.

“Go! hurry off!” she said, bending forward and pointing at him with her fan, her eyes widely opened and blazing—“but remember—there is danger! There is Said, who creeps silently, like the jackal”…

She opened the ebony door and darted into the corridor beyond, closing the door behind her.

Gianapolis looked about him in a dazed manner, and yet again applied his handkerchief to his stinging eyes. Whoever could have seen him now must have failed to recognize the radiant Gianapolis so well-known in Bohemian society, the Gianapolis about whom floated a halo of mystery, but who at all times was such a good fellow and so debonair. He took up his hat and gloves, turned, and resolutely strode to the door. Once he glanced back over his shoulder, but shrugged with a sort of self-contempt, and ascended to the top of the steps.

With a key which he selected from a large bunch

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 in his pocket, he opened the door, and stepped out into the garage, carefully closing the door behind him. An electric pocket-lamp served him with sufficient light to find his way out into the lane, and very shortly he was proceeding along Limehouse Causeway. At the moment, indignation was the major emotion ruling his mind; he resented the form which his anger assumed, for it was a passion of rebellion, and rebellion is only possible in servants. It is the part of a slave resenting the lash. He was an unscrupulous, unmoral man, not lacking in courage of a sort; and upon the conquest of Mahâra, the visible mouthpiece of Mr. King, he had entered in much the same spirit as that actuating a Kanaka who dives for pearls in a shark-infested lagoon. He had sought a slave, and lo! the slave was become the master! Otherwise whence this spirit of rebellion…this fear?

He occupied himself with such profitless reflections up to the time that he came to the electric trams; but, from thence onward, his mind became otherwise engaged. On his way to Piccadilly Circus that same evening, he had chanced to find himself upon a crowded pavement walking immediately behind Denise Ryland and Helen Cumberly. His esthetic, Greek soul had been fired at first sight of the beauty of the latter; and now, his heart had leaped ecstatically. His first impulse, of course, had been to join the two ladies; but Gianapolis had trained himself to suspect all impulses.

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 Therefore he had drawn near—near enough to overhear their conversation without proclaiming himself. What he had learned by this eavesdropping he counted of peculiar value.

Helen Cumberly was arranging to dine with her friend at the latter’s hotel that evening. “But I want to be home early,” he had heard the girl say, “so if I leave you at about ten o’clock I can walk to Palace Mansions. No! you need not come with me; I enjoy a lonely walk through the streets of London in the evening”…

Gianapolis registered a mental vow that Helen’s walk should not be a lonely one. He did not flatter himself upon the possession of a pleasing exterior, but, from experience, he knew that with women he had a winning way.

Now, his mind aglow with roseate possibilities, he stepped from the tram in the neighborhood of Shoreditch, and chartered a taxi-cab. From this he descended at the corner of Arundel Street and strolled along westward in the direction of the hotel patronized by Miss Ryland. At a corner from which he could command a view of the entrance, he paused and consulted his watch.

It was nearly twenty minutes past ten. Mentally, he cursed Mahâra, who perhaps had caused him to let slip this golden opportunity. But his was not a character easily discouraged; he lighted a cigarette and prepared himself to wait, in the hope that the girl had not yet left her friend.

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 Gianapolis was a man capable of the uttermost sacrifices upon either of two shrines; that of Mammon, or that of Eros. His was a temperament (truly characteristic of his race) which can build up a structure painfully, year by year, suffering unutterable privations in the cause of its growth, only to shatter it at a blow for a woman’s smile. He was a true member of that brotherhood, represented throughout the bazaars of the East, of those singular shopkeepers who live by commercial rapine, who, demanding a hundred piastres for an embroidered shawl from a plain woman, will exchange it with a pretty one for a perfumed handkerchief. Externally of London, he was internally of the Levant.

His vigil lasted but a quarter of an hour. At twenty-five minutes to eleven, Helen Cumberly came running down the steps of the hotel and hurried toward the Strand. Like a shadow, Gianapolis, throwing away a half-smoked cigarette, glided around the corner, paused and so timed his return that he literally ran into the girl as she entered the main thoroughfare.

He started back.

“Why!” he cried, “Miss Cumberly!”

Helen checked a frown, and hastily substituted a smile.

“How odd that I should meet you here, Mr. Gianapolis,” she said.

“Most extraordinary! I was on my way to visit a friend in Victoria Street upon a rather urgent

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. May I venture to hope that your path lies in a similar direction?”

Helen Cumberly, deceived by his suave manner (for how was she to know that the Greek had learnt her address from Crockett, the reporter?), found herself at a loss for an excuse. Her remarkably pretty mouth was drawn down to one corner, inducing a dimple of perplexity in her left cheek. She had that breadth between the eyes which, whilst not an attribute of perfect beauty, indicates an active mind, and is often found in Scotch women; now, by the slight raising of her eyebrows, this space was accentuated. But Helen’s rapid thinking availed her not at all.

“Had you proposed to walk?” inquired Gianapolis, bending deferentially and taking his place beside her with a confidence which showed that her opportunity for repelling his attentions was past.

“Yes,” she said, hesitatingly; “but—I fear I am detaining you”…

Of two evils she was choosing the lesser; the idea of being confined in a cab with this ever-smiling Greek was unthinkable.

“Oh, my dear Miss Cumberly!” cried Gianapolis, beaming radiantly, “it is a greater pleasure than I can express to you, and then for two friends who are proceeding in the same direction to walk apart would be quite absurd, would it not?”

The term “friend” was not pleasing to Helen’s ears; Mr. Gianapolis went far too fast. But she

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 recognized her helplessness, and accepted this cavalier with as good a grace as possible.

He immediately began to talk of Olaf van Noord and his pictures, whilst Helen hurried along as though her life depended upon her speed. Sometimes, on the pretense of piloting her at crossings, Gianapolis would take her arm; and this contact she found most disagreeable; but on the whole his conduct was respectful to the point of servility.

A pretty woman who is not wholly obsessed by her personal charms, learns more of the ways of mankind than it is vouchsafed to her plainer sister ever to know; and in the crooked eyes of Gianapolis, Helen Cumberly read a world of unuttered things, and drew her own conclusions. These several conclusions dictated a single course; avoidance of Gianapolis in future.

Fortunately, Helen Cumberly’s self-chosen path in life had taught her how to handle the nascent and undesirable lover. She chatted upon the subject of art, and fenced adroitly whenever the Greek sought to introduce the slightest personal element into the conversation. Nevertheless, she was relieved when at last she found herself in the familiar Square with her foot upon the steps of Palace Mansions.

“Good night, Mr. Gianapolis!” she said, and frankly offered her hand.

The Greek raised it to his lips with exaggerated courtesy, and retained it, looking into her eyes in his crooked fashion.

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 “We both move in the world of art and letters; may I hope that this meeting will not be our last?”

“I am always wandering about between Fleet Street and Soho,” laughed Helen. “It is quite certain we shall run into each other again before long. Good night, and thank you so much!”

She darted into the hallway, and ran lightly up the stairs. Opening the flat door with her key, she entered and closed it behind her, sighing with relief to be free of the over-attentive Greek. Some impulse prompted her to enter her own room, and, without turning up the light, to peer down into the Square.

Gianapolis was descending the steps. On the pavement he stood and looked up at the windows, lingeringly; then he turned and walked away.

Helen Cumberly stifled an exclamation.

As the Greek gained the corner of the Square and was lost from view, a lithe figure—kin of the shadows which had masked it—became detached from the other shadows beneath the trees of the central garden and stood, a vague silhouette seemingly looking up at her window as Gianapolis had looked.

Helen leaned her hands upon the ledge and peered intently down. The figure was a vague blur in the darkness, but it was moving away along by the rails…following Gianapolis. No clear glimpse she had of it, for bat-like, it avoided the light, this sinister shape—and was gone.

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Rh it has in the midst a quaint court, surrounded by galleries and stairs. The great salle had its ceiling painted by Carlone in the seventeenth century. It represents the fall of Phaeton, and is one of those subjects in the debased style of the period that are tours de force in perspective. It represents an arcade of Corinthian pillars with windows between them painted on the flat surface, seen in perspective from a single point only. The castle was occupied by the Allies in 1815; a Piedmontese garrison was placed in it, and the soldiers amused themselves with firing at the head of Phaeton. The painter spent three years over this absurd work, and when leaving it complete he wept and said, "Bella mea cascata di Phaëton, io non piu te vedere, mai, mai, mai!" It is really not worth looking at, save as an example of the degradation of art. The castle no longer appertains to the Grimaldi; it has been sold. Eze is reached by tram, passing the beautiful bay of Villefranche, to the foot of the precipice on which it stands, and from whence it is reached by a scramble up a zig-zag path in about an hour. It is a curious example of a town, built on the summit of a rock, walled about, once with its castle planted in its midst, where it might, it was hoped, be safe from Moorish and Algerine pirates. Once an important place, with its consuls, it has sunk to ruin, and is now occupied by only ninety people. The church was built in 1772. The castle is levelled to the foundations, but the town walls remain. In 1770 the Corniche Road did not exist. David the Painter was on his way to Italy to study at Rome. He arrived at Eze at night, and the curé very kindly took in the poor and footsore young artist. He was interested in David, and gave him a letter of introduction to a

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226 kinsman, the Prior Fighera, in Rome. This opened to David many doors in the capital of Western Christendom, and David received orders for pictures, In gratitude he sent a painting of S. John the Baptist to his friend, the curé of Eze, for his new church. About the year 1880 this picture vanished. The Administration des Beaux Arts instituted an inquiry, and ascertained that the Consuls of Eze had sold the painting, to an Englishman for 500 francs, whereas it was worth 100,000 francs. That picture is now in the National Gallery. In the little cemetery of Eze is laid a Swiss woman, assassinated in 1902 by Vidal, a woman- murderer. From Nice a line takes to Puget Théniers, on the Var. The line is full of interest, passing places rich in striking objects, and allowing of branch excursions up the Vesubie, the Timée, the Cians, with scenery of the grandest character. It, moreover, enables the visitor to explore strange villages, such as Touët-de-Beuil, plastered against the limestone rocks. The Clus of the Cians at Touët, where the river cleaves through the Jura limestone stained various colours, is as fine as anything of the kind. There is hardly a village or town accessible from this line that does not repay a visit, and which will not fill a sketch-book or furnish a photographer with subjects.

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228 temple, and that temple anciently crowned the rock. The adoption by the Grimaldi of a monk as supporter to the arms is due to a misapprehension that Monaco is derived from Monacus. Unhappily, matchlessly beautiful as is the situation, the buildings of Monaco do not conduce to picturesqueness. The palace is mean and ugly to the last degree. It has four towers, erected in 1215 by the Genoese architect Fulco del Castello, but the domestic buildings connecting these towers are of various dates, and all bad. The palace has not a single bold and characteristic feature to give it dignity. A vast sum—from the gambling tables—has been spent upon a cathedral, designed by Charles Lenormand. Internally, and indeed externally, from near at hand it is fine and dignified. But from a distance it produces an unpleasing effect. It has no tall towers, no stately dome; but at the rear, a monstrous hump, designed to make a display of the West front, otherwise meaningless. The distant effect of this church is that of an infant peacock, spreading its tail before it has any feathers to display. There is not a single commanding feature in the bunch of buildings huddled together on the summit of the rock, and old Mentone, with its commonplace church tower, presents a nobler aspect than does Monaco. No finer site in the world could be found, and none has been so wasted through incapacity to utilise it. Monaco is an independent principality, under an autocratic government. It, its prince, its gambling hell, are under the protection of France. The principality comprises 5,436 acres, which would be the estate of a petty English squire. But the Sovereign has his Council of State, his nobles, and his bishop at command.

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Author:Charles Lapworth

Works

 * R. A. Armstrong: "H. W. Crosskey: his Life and Work" (with chapter on his geological work by Lapworth, 1895).
 * R. A. Armstrong: "H. W. Crosskey: his Life and Work" (with chapter on his geological work by Lapworth, 1895).

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Rh Also an army, consisting of five officers and seventy men. Formerly there was a guard of honour in addition, whose function it was to blow trumpets and present arms when the Prince entered or left the main gate of the palace. But this guard of honour was dissolved, February 1st, 1904, and the soldiers of the standing army now perform the duties formerly devolving on the guard. The dissolution of the corps must have resembled the famous dismissal by Bombastes Furioso: "Begone, brave army, and don't kick up a row!" The six bronze cannon in front of the palace were given by Louis XV. Each has its name, and they bear the inscription : "Ultima ratio regum." The Grimaldi were a Genoese family, and they first appear in history as assisting William, Count of Provence, and the Emperor Otho I., in expelling the Saracens. For their services, the Emperor conferred Monaco on one of them, others were rewarded with fiefs, near Nice, and in the Maures, as already told.

A claim is made to descent from Grimoald Mayor of the palace, who died 656, but it is baseless, and rests on no better foundation than identity of name; for patronymics were not then in use. The descendants of Gibelin Grimaldi, possessors of the fief of Monaco, were at first only seigneurs, but eventually became sovereigns, and the family obtained large tracts of land, and acquired great power in Provence and Liguria. Till the seventeenth century they had a flotilla of galleys destined to stop all coasters and exact a toll. This fleet also served in the wars in which the neighbouring states were involved. Rainier II., Prince of Monaco, in 1302, entered the service of Philip the Fair, and was the first to lead

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text:
Author:Horace Lamb

Works

 * Hydrodynamics (1895; several editions)

Articles in Encyclopædia Britannica

 * (Theoretical)
 * (Theoretical)
 * (Theoretical)

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text:
Author:James Lane-Notter

Works

 * The Theory and Practice of Hygiene (with Col. Firth), 2nd edition, 1900
 * Hygiene, 7th edition, 1921
 * Practical Domestic Hygiene, 5th edition, 1907
 * editor, 8th edition Parke's Manual of Practical Hygiene

Articles

 * author of sections "Air" and "Military Hygiene" in Murphy and Stevenson's Treatise on Hygiene and Public Health (1892)
 * "Hygiene of the Tropics" in Davidson's Diseases of Warm Climates
 * "Enteric Fever" in the European Army in India, its Etiology and Prevention
 * Transactions International Hygienic Congress (1892)
 * section "Hygiene", Ency. Brit., (Times edition, 1902
 * various papers on Hygiene and Preventive Medicine in other works and periodicals
 * (Soil and Disease)

Works about Lane-Notter

 * James Lane Notter, M.D. – bio from ncbi.nlm.nih.gov

title: Author:James Lane-Notter


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 open court, ‘the matter was put over for secret hearing,’ when Topcliffe used some expressions which reflected upon the lord-keeper and some members of the privy council. Thereupon he was committed to the Marshalsea for contempt of court, and detained there for some months. During his incarceration he addressed two letters to the queen, and, in Dr. Jessopp's opinion, ‘two more detestable compositions it would be difficult to find.’ Topcliffe was out of prison again in October 1595. In 1596 he was engaged in racking certain gipsies or Egyptians who had been captured in Northamptonshire, and in 1597 he applied the torture of the manacles to Thomas Travers, who was in Bridewell for stealing the queen's standish (, Reading on the Use of Torture in England, pp. 41, 99, 101). In 1598 he was present at the execution of John Jones, the Franciscan, whom he had hunted to death. He got possession of the old family house of the Fitzherberts at Padley, Derbyshire, and was living there in February 1603–4. He died before 3 Dec. 1604, when a grant of administration was made in the prerogative court of Canterbury to his daughter Margaret.

He married Jane, daughter of Sir Edward Willoughby of Wollaton, Nottinghamshire, and by her had issue Charles, his heir; three other sons named John who probably died in infancy; and two daughters, Susannah and Margaret.

Dr. Jessopp describes Topcliffe as ‘a monster of iniquity,’ and Father Gerard in his narrative of the gunpowder plot speaks of ‘the cruellest Tyrant of all England, Topcliffe, a man most infamous and hateful to all the realm for his bloody and butcherly mind’ (, Condition of Catholics, p. 18). A facsimile of a pedigree of the Fitzherbert family compiled by him for the privy council is given in Foley's ‘Records,’ ii. 198.

[Cal. State Papers, Dom. 1580–1604; Cal. Hatfield Manuscripts; Acts of the Privy Council, 1580–1589; Bibl. Anglo-Poetica, pp. 64, 212; Birch's Elizabeth, i. 160; Cal. of Chancery Proc. temp. Eliz. i. 320; Croke's Reports, temp. Eliz. pp. 72, 644; Hallam's Constitutional Hist. i. 139, 140; Hunter's Sheffield, p. 87; Jessopp's One Generation of a Norfolk House; Lodge's Illustrations, ii. 119–25, 143, 164, 428; More's Hist. Prov. Anglicanæ Soc. Jesu, p. 192; Nichols's Progr. Eliz. (1823), ii. 215, 219; Notes and Queries, 5th ser. vii. 207, 270, 331, 357, 417, 8th ser. x. 133, 198, xi. 51, xii. 434; Oldys's British Librarian, p. 280; Poulson's Beverlac, p. 390; Rymer's Fœdera, xvi. 201; Sadler State Papers, ii. 206; Strype's Works (general index); Turnbull's Memoirs of Southwell (1856), p. xxiv; Wright's Elizabeth, ii. 169, 244, Hearne's Langtoft, 1810, ii. 639.]  TOPHAM, EDWARD (1751–1820), journalist and play-writer, born in 1751, was the son of Francis Topham, LL.D. (d. 15 Oct. 1770), master of faculties and judge of the prerogative court at York. This official obtained from Archbishop Hutton the promise of the reversion for his son, but, in consequence of the action of Dean Fountayne, the pledge was withdrawn. There was open war between Topham and the dean, and the former was lampooned by Laurence Sterne in ‘A Political Romance, addressed to——, Esq., of York,’ printed (perhaps privately) in 1759, and reissued in 1769; it was frequently reprinted as ‘The History of a Warm Watch Coat’ (, York Press, pp. 256–60; see ).

The boy was educated at Eton under Dr. Foster, and remained there for eleven years. While at school he dabbled in poetry and was one of the leaders in the rebellion against Foster's rule. He was admitted at Trinity College, Cambridge, as pensioner on 22 April 1767, and as fellow-commoner on 23 Oct. 1769, but he left without taking a degree. Possibly he was the Topham mentioned as having drawn a caricature of the under-porter of Trinity (, Social Life at the Univ. p. 409).

On leaving the university, Topham travelled on the continent for eighteen months, and then, in company with his old schoolfellow Sir Paul Jodrell, spent six months in Scotland, publishing upon his return in 1776 a sprightly volume of ‘Letters from Edinburgh, 1774 and 1775, containing some Observations on the Diversions, Customs, Manners, and Laws of the Scotch Nation.’ He next came to London and purchased a commission in the first regiment of lifeguards. In 1777 he was ‘cornet of his majesty's second troop of horse-guards,’ and for about seven years he was the adjutant. He brought his regiment to a high state of efficiency, for which he received the thanks of the king and figured in print-shops as ‘the tip-top adjutant.’ In 1777 he published a tory ‘Address to Edmund Burke on Affairs in America.’

Topham soon became conspicuous in the fashionable world of London for his original style of dress and for the ease and elegance of his manners. His sartorial and other peculiarities were subsequently introduced to enliven the comedies of Frederic Reynolds [q. v.], who was Topham's guest in Suffolk in 1789 (cf., Memoirs, ii. 25–46). Meanwhile Topham associated with Wilkes, Horne Tooke, the elder Colman, and Sheridan; his talent as a writer of prologues and epilogues introduced him to the leading


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 actors of the day, and led to his appearance as a play-writer. An epilogue, spoken by Charles Lee Lewes [q. v.] in the character of Molière's old woman, filled Drury Lane for several nights; and another, spoken by Miss Farren, on an unlucky tragedy recently brought out at that theatre, was equally popular. He wrote an epilogue for the benefit of Mary Wells [q. v.], and their friendship soon ripened into the closest intimacy. They lived together for several years, and four children resulted from the union (, Memoirs, i. 56, &c.). The plays produced by Topham during this period of his life were: 1. ‘Deaf Indeed,’ acted at Drury Lane in December 1780, but not printed; a ‘stupid and indecent’ farce. 2. ‘The Fool,’ a farce in two acts, performed at Covent Garden, and printed in 1786, with a dedication to Mrs. Wells, owing to whose admirable impersonation of Laura it was well received. 3. ‘Small Talk, or the Westminster Boy,’ a farce, acted at Covent Garden for the benefit of Mrs. Wells on 11 May 1786, but not printed. The Westminster boys effectually resented this production by coming to the theatre in force and preventing it being heard. 4. ‘Bonds without Judgment, or the Loves of Bengal,’ acted for four nights at Covent Garden in May 1787, but not printed.

The daily paper called ‘The World’ was started by Topham, partly with the object of puffing Mrs. Wells, on 1 Jan. 1787. Two of his principal colleagues in its direction were Miles Peter Andrews [q. v.] and the Rev. Charles Este; and John Bell (1745–1831) [q. v.], the publisher, had a share in the management (Hist. MSS. Comm. 14th Rep. i. 368, 378). Its ‘unqualified and audacious attacks on all private characters’ were at the start ‘smiled at for their quaintness, then tolerated for their absurdity,’ and ultimately repudiated with disgust (, Baviad and Mæviad, p. xi). In it appeared accounts of ‘elopements, divorces, and suicides, tricked out in all the elegancies of Mr. Topham's phraseology’ (, Memoirs, ii. 77). It was in this paper that the fantastic productions of the Della Cruscans, a small set of English poetasters dwelling for the most part at Florence, made their appearance [see ]. Topham contributed to his paper articles under the title of ‘The Schools,’ in which he gave reminiscences of many of his companions at Eton, and his ‘Life of the late John Elwes’ (1790) made its first appearance in its columns. This memoir of the miser (whom Topham, much to his credit, had persuaded to make a sensible will in the interest of his two illegitimate sons) passed through six editions during 1790, and in 1805 reached a twelfth edition, ‘corrected and enlarged, and with a new appendix.’ A German translation was published at Danzig in 1791, and it was included in the ‘Pamphleteer’ (xxv. 341 et seq.) Horace Walpole considered it ‘one of the most amusing anecdotal books in the English language.’ It is said to have raised the sale of the ‘World’ by a thousand copies a day; but an even better hit was made by the correspondence on the affairs of the prize ring between the pugilists Humphries and Mendoza.

When George Nassau Clavering, third earl Cowper, died at Florence on 22 Dec. 1789, his character was assailed with virulence in the ‘World.’ Topham was indicted for libel, and the case was tried before Buller, who pronounced the articles to have been published with intent to throw scandal on the peer's family and as tending to a breach of the peace. The proprietor was found guilty, but counsel moved for an arrest of judgment on the ground of the misdirection of the judge to the jury. It was argued at great length before the court of king's bench, and after a protracted delay Kenyon delivered on 29 Jan. 1791 the judgment of the court in favour of Topham ( and, Reports, iv. 126–30). By the autumn of 1790 he and Este had separated in anger. The latter had acquired a fourth share in the paper, but had surrendered it from 25 Dec. 1788 conditionally on the payment of an annuity to him. Topham claimed that its payment was dependent on the existence of the paper, and Este thereupon ‘opened a literary battery against him in the “Oracle.”’ The printed letters are appended to a copy of Este's ‘My own Life’ at the British Museum.

After five years Topham disposed of his paper, abandoned Mrs. Wells for another beauty, and retired with his three surviving daughters to Wold Cottage, about two miles from Thwing in the East Riding of Yorkshire. It was rumoured that he intended to spend the rest of his days in farming some hundreds of acres of land and in writing the history of his own life. His kennels were considered the best in England, and his greyhound Snowball was praised as ‘one of the best and fleetest greyhounds that ever ran,’ and ‘his breed all most excellent’ (, Driffield Angler, Ode to Heath). His ‘Memoirs’ did not appear, but he published in 1804 an edition of Somerville's ‘Chase,’ with a sketch of the author's life, preface, and annotations.

While Topham was living at Wold Cottage a meteoric stone fell about three o'clock


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230 a Genoese fleet in 1304 through the Straits of Gibraltar into the ocean. He conducted sixteen galleys to the coast of Flanders, and encountered the Flemish fleet before Ziricksee. He concerned himself little about the French vessels that had joined him, and allowed all of them to be taken; but as the Flemings were felicitating themselves on their victory, he returned with the rising tide, pierced their line, destroyed a number of their ships, and took prisoner Guy de Namur, son of the Count of Flanders. Charles II. of Monaco was made governor of Provence and admiral of the fleet of Genoa. In 1338 he directed twenty galleys against the Flemings; in 1346, along with Antonio Doria, he led thirty against the English. The troops were disembarked, and joined the French army which encountered the English at Cregy. The Genoese were esteemed the best archers in the world. Grimaldi and Doria disposed them to the best advantage, and they would have done great execution in the English ranks, but that the rain had relaxed the strings of their bows, and, says Froissart:—

"They hooted, advancing with their crossbows presented, and began to shoot. The English archers then advanced one step, and shot their arrows with such force and speed that it was like a fall of snow. When the Genoese felt the arrows that pierced their arms, heads, and though their armour, some of them cut the strings of their cross-bows, others flung them on the ground, and all turned and retreated in discomfiture. The French had a large body of men-at-arms on horseback, richly dressed, to support the Genoese. The King of France, seeing them fall back, cried out: 'Kill me those scoundrels, for they block our way unreasonably!' Then you would have seen the French men-at-arms lay about them, killing all they could of those runaways."

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 on the afternoon of Sunday, 13 Dec. 1795, within two fields of his house. Part of it was exhibited at the museum of James Sowerby, London, and this piece is now in the natural history department, South Kensington Museum. Topham published ‘An Account’ of it in 1798, and in 1799 erected a column on the spot. The stone was ‘in breadth 28 inches, in length 36 inches, and its weight was 56 pounds’ (, Sky-fallen Stones, pp. 21–22;, British Mineralogy, ii. 3*–7*, 18*–19*; Beauties of England, Yorkshire, pp. 398–405). Topham died at Doncaster on 26 April 1820, aged 68. He had three daughters, who were reckoned ‘the best horsewomen in Yorkshire.’

Topham's portrait, with a pen in his hand, was painted by John Russell (1745–1806) [q. v.] and engraved by Peltro William Tomkins [q. v.] That of ‘Mrs. Topham and her three children’ (1791) was also painted by Russell. They were the property of Rear-admiral Trollope (, Life of Russell, pp. 40, 74, 167–8;, Mrs. Inchbald, i. 271).

The costume, the plays, and the newspaper of Topham alike exposed him to the satire of the caricaturist. He is depicted in the ‘Thunderer’ of Gillray (20 Aug. 1782) as a windmill, together with the Prince of Wales and Mrs. ‘Perdita’ Robinson, who is said to have found refuge in his rooms when deserted by her royal lover. In another cartoon (14 Aug. 1788) he is bringing to Pitt for payment his account for puffs and squibs against the whigs in the Westminster election. Rowlandson introduced Topham into his print of Vauxhall Gardens (28 June 1785). This was afterwards aquatinted by F. Jukes and etched by R. Pollard (, Biogr. Sketches, i. 29–30). In other cartoons of Rowlandson (5 Oct. 1785) he figures as ‘Captain Epilogue to the Wells’ (i.e. Mrs. Wells), and as endeavouring with his squirt to extinguish the genius of Holman.

[Baker's Biogr. Dramatica; Nichols's Illustr. of Lit. History, vii. 484; Biogr. Dict. of Living Authors, 1816; Gent. Mag. 1820, i. 469; Ross's Celebrities of Yorkshire Wolds, pp. 163–6; Public Characters, vii. 198–212; Annual Biogr. 1821, pp. 269–79; Redding's Fifty Years' Recollections, i. 80–2; John Taylor's Records of my Life, ii. 292–6; Grego's Rowlandson, i. 158, 166–7, 183, 320; Wright and Evans's Gillray's Caricatures, pp. 26, 378, 382–4; Memoirs of Mrs. Sumbel, late Wells, passim; information from Mr. W. Aldis Wright of Trin. Coll. Cambr.]  TOPHAM, FRANCIS WILLIAM (1808–1877), watercolour-painter, was born at Leeds, Yorkshire, on 15 April 1808. Early in life he was articled to an uncle who was a writing engraver, but about 1830 he came to London, and at first found employment in engraving coats-of-arms. He afterwards entered the service of Messrs. Fenner & Sears, engravers and publishers, and while in their employ he became acquainted with Henry Beckwith, the engraver, whose sister he married. He next found employment with James Sprent Virtue [q. v.], the publisher, for whom he engraved some landscapes after W. H. Bartlett and Thomas Allom. He also made designs for Fisher's edition of the ‘Waverley Novels,’ some of which he himself engraved, and he drew on the wood illustrations for ‘Pictures and Poems,’ 1846, Mrs. S. C. Hall's ‘Midsummer Eve,’ 1848, Burns's ‘Poems,’ Moore's ‘Melodies and Poems,’ Dickens's ‘Child's History of England,’ and other works.

Topham's training as a watercolour-painter appears to have been the outcome of his own study of nature, aided by practice at the meetings of the Artists' Society in Clipstone Street. His earliest exhibited work was ‘The Rustic's Meal,’ which appeared at the Royal Academy in 1832, and was followed in 1838, 1840, and 1841 by three paintings in oil-colours. In 1842 he was elected an associate of the New Society of Painters in Watercolours, of which he became a full member in 1843. He retired, however, in 1847, and in 1848 was elected a member of the ‘Old’ Society of Painters in Watercolours, to which he contributed a Welsh view near Capel Curig, and a subject from the Irish ballad of ‘Rory O'More.’ His earlier works consist chiefly of representations of Irish peasant life and studies of Wales and her people. These were diversified in 1850 by a scene from ‘Barnaby Rudge.’ Topham possessed considerable histrionic talent, and was in that year one of Dickens's company of ‘splendid strollers’ who acted ‘The Rent Day’ of Douglas Jerrold and Bulwer Lytton's ‘Not so bad as we seem.’ Towards the end of 1852 he went for a few months to Spain to study the picturesque aspects of that country and its people. The earliest of his Spanish subjects appeared in 1854, when he exhibited ‘Fortune Telling—Andalusia,’ and ‘Spanish Gipsies.’ These drawings were followed by ‘The Andalusian Letter-Writer’ and ‘The Posada’ in 1855, ‘Spanish Card-players’ and ‘Village Musicians in Brittany’ in 1857, ‘Spanish Gossip’ in 1859, and others, chiefly Spanish. In the autumn of 1860 he paid a second visit to Ireland, and in 1861 exhibited ‘The Angel's Whisper’ and ‘Irish Peasants at the Holy Well.’ In 1864 he began to exhibit Italian


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Rh Grimaldi fell there, mortally wounded. Antonio Grimaldi, Genoese Admiral in 1332, was charged to revenge the ravages of the Aragonese on the coasts of Liguria, at a time when civil war prevented the Genoese from defending themselves and their possessions. Grimaldi, with a fleet of fifty-five vessels, harried the coasts of Catalonia, leaving behind him only ruins, and loading his vessels with plunder and captives. He carried off the galleys of the enemy from the harbour of Majorca. The Aragonese sent against him a fleet of twenty-four vessels, but he defeated it. In 1353 he was again placed at the head of the Genoese naval forces, and again sent against the Aragonese, who were now in league with the Venetians. Grimaldi had a fleet of fifty-two sail, and he hoped to fight and defeat the enemy before they could effect a junction. In this he was disappointed. He met the combined fleets near an islet off the north coast of Sardinia, August 29th, 1353. Pisani, the admiral of the Venetians, concealed a portion of his fleet, and Grimaldi, deceived, attacked the rest. Whilst thus engaged, he saw the detached portion of the Venetian flotilla approach, and he found that he had to deal with seventy-three sail. To present a strong front to the enemy, he bound his galleys together by the sides and masts, reserving only four on each wing to act as reserve. The Venetians and Catalans seeing this arrangement, also united their vessels to the number of fifty-four, but kept sixteen free at their flanks. This singular disposition shows how little, if at all, naval manœuvres had altered since the time of the civil war between Caesar and Pompey. The Catalans brought up three round tubs of vessels called cogues against the right wing of Grimaldi, and

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232 sank as many of his galleys. Alarmed at this, he unlinked eleven of his vessels and rallied them to the eight of the reserve, and, without striking another blow, fled, and left the rest of the fleet a prey to the enemy. All the thirty vessels thus abandoned by the cowardly admiral were obliged to surrender.

In that day the Genoese lost 3,000 men killed, and 3,500 taken prisoners. The Republic had never before suffered such a disaster. Despair took possession of government and people, and they abdicated their independence and proclaimed John Visconti, Duke of Milan, as Lord of Genoa. Lucien (1506-14) murdered his brother John, so as to obtain the principality for himself at least, so it was surmised, and Lucien was obliged to fly from Monaco on that account, and conceal himself, till Duke Charles of Savoy gave him an indult, forbidding all inquiry to be made into the matter of the crime, and search after the murderer. Then Lucien stole back to Monaco and assumed the sovereignty. His sister Francesca had married Lucas Doria, and when left a widow, by her will constituted her brothers Lucien and Augustine, who was bishop of Grasse, guardians of her children. After her death her son Bartholomew Doria complained bitterly that his uncle Lucien Grimaldi kept hold of the inheritance and would not surrender it. At last, resentment induced him to resolve on revenging himself on Lucien, for the wrong done to himself, and for the murder of his uncle John. He secured the promise of co-operation, if required, of the famous admiral, Andrew Doria, and he sent to Monaco some confederates, with a request to Lucien to let them be lodged there in safety, as they had got into a broil at Genoa. He also intimated his intention to follow shortly

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Union Electric Co. v. Environmental Protection Agency (593 F.2d 299)

Rehearing and Rehearing En Banc Denied March 15, 1979.

Appeal from the United States District Court for the Eastern District of Missouri.

William H. Ferrell of Schlafly, Griesedieck, Ferrell & Toft, St. Louis, Mo., for appellee; James J. Virtel, Jerry B. Wamser, St. Louis, Mo., on the brief.

Martin Green, Atty., Dept. of Justice, Washington, D. C., for appellant; Sanford Sagalkin, Deputy Asst. Atty. Gen., Washington, D. C., Robert D. Kingsland, U. S. Atty., Joseph B. Moore, Asst. U. S. Atty., St. Louis, Mo., George R. Hyde, Barbara Brandon, Attys. Dept. of Justice, Washington, D. C., on the brief; Joan Z. Bernstein, Gen. Counsel, Ronald C. Hausmann, Atty., Environmental Protection Agency, Washington, D. C., of counsel.

Before LAY and HEANEY, Circuit Judges, and HANSON, Senior District Judge.


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Union Electric Co. v. Environmental Protection Agency (593 F.2d 299)/Opinion of the Court

OPINION

[p300] The Environmental Protection Agency appeals from a judgment of the United States District Court for the Eastern District of Missouri which enjoined the EPA from instituting an enforcement proceeding under the Clean Air Act, 42 U.S.C. § 7401 Et seq, against the Union Electric Company or its officers while that Company is actively and in good faith pursuing a revision or variance of the sulfur dioxide (SO 2 regulations of the Missouri Implementation Plan in the administrative agencies and/or courts of the State of Missouri. We reverse the judgment of the District Court and direct that the complaint of Union Electric be dismissed.

Union Electric serves the metropolitan St. Louis area and parts of Illinois and Iowa. Its three coal-fired generating plants, Labadie, Meramec and Sioux, are subject to the SO 2 and opacity restrictions in the Missouri Implementation Plan as approved by the EPA on May 31, 1972.

Union Electric did not seek review of the approved Missouri Implementation Plan within thirty days as it was entitled to do under § 307(b)(1) of the Act, 42 U.S.C. § 1857h-5(b)(1). It did, however, obtain one-year variances from the appropriate state and county agencies which eased the emission limitations affecting its three plants. The variances for two of the three plants had expired and Union Electric was applying for extensions when, on May 31, 1974, the Administrator of the EPA notified the Company that the SO 2 emissions from its plants violated the emission limitations contained in the Missouri Implementation Plan, and advised it of the probability that enforcement proceedings would soon be instituted.

On August 18, 1974, Union Electric sought review in this Court, contending that the SO 2 emission regulations contained in the Missouri Implementation Plan were economically and technologically infeasible and that its emissions were not interfering with attainment or maintenance of the National Ambient Air Quality Standards (NAAQS). We held that the claims of infeasibility did not afford a basis for review under § 307(b)(1) of the Act, 42 U.S.C. § 1857h-5(b) (1), and dismissed Union Electric's petition for lack of jurisdiction. ''Union Electric Co. v. Environmental Pro. Agcy.,'' 515 F.2d 206 (8th Cir. 1975).

Our decision was affirmed by the Supreme Court on October 6, 1975. Union Electric Co. v. EPA, 427 U.S. 246, 96 S.C.t. 2518, 49 L. Ed. 2d 474 (1976). In that opinion, the Supreme Court stated:

Claims of economic or technological infeasibility may not be considered by the Administrator in evaluating a state requirement that primary ambient air quality standards be met in the mandatory three years. * * * (T)he States may submit implementation plans more stringent than federal law requires and * * * the Administrator must approve such plans if they meet the minimum requirements of § 110(a)(2), * * * (thus) the language of § 110(a)(2)(B) provides no basis for the Administrator ever to reject a state implementation plan on the ground that it is economically or technologically  infeasible. Accordingly, a court [p301]  of appeals reviewing an approved plan under § 307(b)(1) cannot set it aside on those grounds, no matter when they are raised.

Our conclusion is bolstered by recognition that the Amendments do allow claims of technological and economic infeasibility to be raised in situations where consideration of such claims will not substantially interfere with the primary congressional purpose of prompt attainment of the national air quality standards. Thus, we do not hold that claims of infeasibility are never of relevance in the formulation of an implementation plan or that sources unable to comply with emission limitations must inevitably be shut down.

Perhaps the most important forum for consideration of claims of economic and technological infeasibility is before the state agency formulating the implementation plan. So long as the national standards are met, the State may select whatever mix of control devices it desires, * * * and industries with particular economic or technological problems may seek special treatment in the plan itself. * * * Moreover, if the industry is not exempted from, or accommodated by, the original plan, it may obtain a variance, as petitioner did in this case; and the variance, if granted after notice and a hearing, may be submitted to the EPA as a revision of the plan. § 110(a)(3)(A), as amended, 88 Stat. 256, 42 U.S.C. § 1857c-5(a)(3)(A) (1970 ed., Supp. IV.) Lastly, an industry denied an exemption from the implementation plan, or denied a subsequent variance, may be able to take its claims of economic or technological infeasibility to the state courts. See, e. g., § 203.130, Mo (.) Rev(.) Stat(.) (1972); Cal(.) Health & Safety Code § 39506 (1973); Pa (.) Stat(.) Ann(.), Tit. 71, § 1710.41 (1962). (Citations and footnotes omitted, and emphasis added.)

Id. at 265-267, 96 S.C.t. at 2529-30.

Union Electric petitioned the Supreme Court for a rehearing, which was subsequently denied. The Regional Administrator for EPA wrote a letter to the chairman of the Missouri Air Quality Commission, which stated in part:

The EPA has reviewed the SO 2 monitoring data for the area around three UECO plants and performed some diffusion modeling calculations. The results of this review and these calculations indicates (sic) that UECO was correct in the contention that its SO 2 emissions were not interfering with the attainment or maintenance of the NAAQS for SO 2.

The EPA has no objections to your amending Regulation X to relax the SO 2 emission standard for the three UECO plants which were mentioned previously. The new SO 2 emission standard must still provide for attainment and maintenance of the NAAQS and this must be demonstrated by a revision to the Control Strategy Section of the Missouri State Implementation Plan.

If you decide not to follow the above course of action or place the UECO on a compliance schedule to comply with Regulation X, the EPA has no alternative but to issue an Administrative Order, pursuant to Section 113 of the Clean Air Act, which requires the UECO to comply with the SO 2 emission standard specified by Regulation X. This enforcement action is necessary because the EPA cannot allow an emission source to violate an emission standard in a federally approved SIP (State Implementation Plan) unless there is an approved expeditious compliance schedule.

Because of the seriousness and magnitude of this problem, it is imperative for the Missouri Air Conservation Commission (eMACC) and the EPA to be on the same wave length. I will be looking forward to hearing from you on any decisions the MACC may make. If we can help, let me know.

In September, 1976, Union Electric filed a petition with the Missouri Air Conservation Commission for a relaxation of the existing regulations for SO 2, or, in the alternative, for a variance from existing regulations for [p302]  the Company's plants. In April, 1977, the Commission tabled the Company's request to change the existing SO 2 emission limitations and denied the Company's request for a variance for its St. Louis plant. The Commission indicated, however, that it would consider the Company's petition for variances for the Sioux and Labadie plants. A representative of the EPA was present and indicated agreement with that procedure. Variance petitions for the Sioux and Labadie plants were filed by the Company in September, 1977.

On November 11, 1977, the Regional Administrator of the EPA wrote a letter to the Director of the Missouri Division of Environmental Quality which stated, in pertinent part:

Based on inspections conducted by the Environmental Protection Agency in the Fall of 1976, the Portage Des Sioux and Labadie power plants are both in violation of the SO 2 emission limitation in the approved Missouri Implementation Plan. As you know, Union Electric petitioned the Missouri Air Conservation Commission in the Fall of 1976 for a relaxation of the existing regulation for SO 2 or, in the alternative, for a variance from the existing regulation for the individual Union Electric plants. The Commission voted not to change the SO 2 emission limitations for the St. Louis metropolitan area, but indicated they would consider the company's petition for a variance for the Sioux and Labadie plants.

In a letter to you dated May 31, 1977, Mr. Charles V. Wright, Acting Regional Administrator, stated that since the Commission had voted not to change the SO 2 emission limitation in the St. Louis regulation, the State was expected to act promptly to either bring the Union Electric plants into compliance with the existing limitation or to adopt and justify less stringent limitations in accordance with Federal requirements. Five months have passed and the State has yet to take any action with regard to the Labadie and Sioux power plants.

I have asked my staff to inspect the Union Electric Meremac (sic), Sioux, and Labadie plants within the next forty-five (45) days to verify and formally document their current status of compliance with all applicable emission limitations in the State plan. If these sources are found to be in violation, this office will be required to take appropriate action under Sections 113(a) (1) and 113(b) of the Act in the absence of any formal action by the Commission on the Union Electric variance petitions.

On January 13, 1978, the EPA notified Union Electric of its alleged violations of the SO 2 and opacity standards of the Missouri Implementation Plan. The EPA stated that Union Electric's Labadie and Sioux power plants were in violation of SO 2 and opacity regulations, and that the Meramec plant was in violation of opacity regulations. The notice invited Union Electric to a conference to discuss the violations, and set forth the statutory responsibilities of the Agency if the matter was not resolved within thirty days.

[p303] On February 3, 1978, the EPA held the conference with Union Electric. At this conference, the EPA indicated that it would commence enforcement proceedings without waiting for the decision of the Missouri Commission on the Company's request for variances for its plants. The EPA indicated that it was required to proceed with enforcement by § 111(b) of the Clean Air Act Amendments of 1977, 42 U.S.C. § 7413(b)(2)(B).

On February 8, 1978, Union Electric brought this action in federal District Court for the Eastern District of Missouri, seeking a declaratory judgment and temporary and permanent injunctive relief. It simultaneously sought action by the State of Missouri on its variance requests.

On March 16, 1978, the District Court granted the preliminary injunction requested by Union Electric 450 F. Supp. 805. The court found: (1) that Union Electric was in the unenviable position of having daily penalties for noncompliance with the Missouri Implementation Plan accrue while it sought variances pursuant to the statutorily authorized procedure contained in Mo.Ann.Stat. § 203.110 (Vernon); (2) that the failure of Union Electric to comply with any governmental directive could constitute an act of default under its first mortgage and deed of trust and make its bonds callable, and that a calling of the bonds could force it into bankruptcy; (3) that compliance with the SO 2 regulations is not possible because compliance can be achieved only by installing flue gas desulfurization (FGD) equipment at an initial cost of $ 713 million and annual operating costs of $ 137 million, that the FGD equipment could not be relied upon to operate continually or satisfactorily, that the use of low sulfur coal as an alternative was not possible because the annual cost of such coal would be $ 179 million per year and would require a capital investment of $ 49 million, resulting in a rate increase of twenty-five percent, assuming that there was no reduction in the use of electricity, and that, in any event, it was impossible to obtain a sufficient supply of low sulfur coal to meeting the SO 2 emission regulations; (4) that compliance with SO 2 regulations could be achieved only by a shutdown of the Union Electric plants which would result in a widespread electrical breakdown throughout the Midwest and drastic financial consequences to Union Electric; (5) that the injury to the EPA was not substantial because Union Electric's plants did not violate the National Air Quality Standards for SO 2; and (6) that Union Electric had a substantial likelihood of success on the merits because the Missouri Air Conservation Commission had informally indicated it would approve the variance.

The court concluded that: (1) considerations of procedural due process required that Union Electric be permitted to seek a variance under state procedures for SO 2 emissions prior to suffering a grievous loss which may result from an enforcement proceeding by the EPA; (2) that it had the general equitable power to stay an enforcement proceeding to prevent irreparable harm while Union Electric seeks the variances, in good faith, under state procedures; and (3) that the only fair interpretation of the Clean Air Act is to allow the variance proceeding to proceed to completion prior to the initiation of an enforcement action. This appeal was filed on May 15, 1978.

On July 26, 1978, more than two months after this appeal was filed, the Missouri Air [p304]  Conservation Commission granted the variance in the SO 2 standards requested by Union Electric for its Sioux and Labadie plants. A petition to review that variance was subsequently filed in the Circuit Court of Cole County, Missouri, by the Coalition for the Environment and by the State of Illinois. That action is still pending.

In Lloyd A. Fry Roofing Co. v. United States E.P.A., 554 F.2d 885 (8th Cir. 1977), we held that pre-enforcement judicial review of an abatement order on grounds of technological or economic infeasibility is inconsistent with the enforcement mechanism established by Congress in the Clean Air Act. Senior Judge M. C. Matthes, writing for the Court, pointed out that a company seeking to have these issues reviewed could do so in state court, or could present its cause as a defense to any enforcement proceedings initiated by the EPA in federal district court. He also noted that if the Agency seeks retroactive civil penalties, a company can protect itself by invoking the equitable doctrine of laches if the Agency failed to promptly seek enforcement. Id. at 891 & n.4.

Union Electric would have us distinguish Fry on the grounds that the plaintiff in Fry sought pre-enforcement review of an EPA compliance order while, here, it seeks only a temporary stay of any enforcement action which may be undertaken by the EPA pursuant to the notice of violation while a state variance from the emission limitations is sought.

Certainly this case cannot be distinguished from Fry on the grounds that Fry involved a compliance order and this case involves a notice of violation. If an abatement order may not be the subject of an anticipatory lawsuit enjoining its enforcement, then surely a notice of violation, which is a procedural prerequisite to an abatement order, may not be the subject of such a suit.

Nor can it be distinguished from Fry on the grounds that Fry involved an attempt to obtain a pre-enforcement decision in Federal court on the merits of the Missouri Implementation Plan, while here, the attempt is only to secure a temporary stay of any further enforcement procedures while the Company is actively and in good faith pursuing a revision of the SO 2 emission regulations in state administrative agencies or courts. This distinction, of course, exists. However, it is not one which permits us to reach a result different than that which was reached in Fry. Section 7413(b) specifically requires the Administrator to commence a civil action for injunctive relief or for the assessment of civil or criminal penalties thirty days after notice of violation has been given to a major stationary source. One purpose of this section is to require the states to act promptly in granting or denying variance requests. This purpose would be thwarted if federal courts were permitted to remove the pressures that Congress clearly thought necessary to accomplish the objectives of the Clean Air Act. The heart of the decision in Fry is that federal courts should not interfere with the pre-enforcement procedures established by the Act to obtain compliance. Fry recognized that Congress intended the 1970 Amendments to the Clean Air Act to "expedite the implementation and enforcement of air quality [p305]  standards" and that the Amendments were " "a drastic remedy to what was perceived as a serious and otherwise uncheckable problem.' " Id. at 889, 891.

No case could better illustrate the need for expeditious enforcement than this one. The Missouri Implementation Plan was approved on May 31, 1972. Now, nearly seven years later, Union Electric is still not in compliance with the plan's SO 2 emissions limitations at its Labadie or Sioux plants, and the State of Missouri has yet to finally approve or disapprove its request for a variance from existing standards.

This statement of fact is not necessarily intended to point the finger at Union Electric, the State of Missouri or the EPA. All have been responsible in one way or another for the delays that have occurred. It is only to emphasize that we can only be faithful to the mandate of Congress if we require strict adherence to the procedural routes which it established for bringing clean air to the nation.

In Fry, we did not consider a contention by Union Electric which was deemed important by the District Court, I. e., that Union Electric has a due process right to contest the validity of the emission standard without necessarily having to face ruinous penalties if it loses its action. The District Court relied on Ex Parte Young, 209 U.S. 123, 28 S.C.t. 441, 52 L. Ed. 714 (1908), in so holding. In Young, the State of Minnesota enacted a number of statutes which established maximum rates which could be charged by railroads within the State and which fixed penalties for the railroads' failure to comply. Railroad officials contended that the statutes were invalid because the penalties imposed were so severe that no company official would run the risk of violating the statutes in order to test their validity. The Supreme Court sustained their contention. It stated:

Another Federal question is the alleged unconstitutionality of these acts because of the enormous penalties denounced for their violation, which prevent the railway company, as alleged, or any of its servants or employees, from resorting to the courts for the purpose of determining the validity of such acts. The contention is urged by the complainants in the suit that the company is denied the equal protection of the laws and its property is liable to be taken without due process of law, because it is only allowed a hearing upon the claim of the unconstitutionality of the acts and orders in question, at the risk, if mistaken, of being subjected to such enormous penalties, resulting in the possible confiscation of its whole property, that rather than take such risks the company would obey the laws, although such obedience might also result in the end (though by a slower process) in such confiscation.

(W)hen the penalties for disobedience are by fines so enormous and imprisonment so severe as to intimidate the company and its officers from resorting to the courts to test the validity of the legislation, the result is the same as if the law in terms prohibited the company from seeking judicial construction of laws which deeply affect its rights.

Now, to impose upon a party interested the burden of obtaining a judicial decision of such a question (no prior hearing having ever been given) only upon the condition that, if unsuccessful, he must suffer imprisonment and pay fines, as provided in these acts, is, in effect, to close up all approaches to the courts, and thus prevent any hearing upon the question whether the rates as provided by the acts are not too low, and therefore invalid. The distinction is obvious between a case where the validity of the act depends upon the existence of a fact which can be determined only after investigation of a very complicated and technical character, and the ordinary case of statute upon a subject requiring no such investigation, and over which the jurisdiction of the legislature is complete in any event.

[p306] Id. at 144-145, 148, 28 S.C.t. at 447-449. See also St. Regis Paper Co. v. United States, 368 U.S. 208, 82 S.C.t. 289, 7 L. Ed. 2d 240 (1961); Oklahoma Operating Co. v. Love, 252 U.S. 331, 40 S.C.t. 338, 64 L. Ed. 596 (1920); Wadley S. R. Co. v. Georgia, 235 U.S. 651, 35 S.C.t. 214, 59 L. Ed. 405 (1915).

We do not believe Young to be applicable here. Union Electric has an opportunity to test the validity of the Missouri Implementation Plan without Necessarily incurring confiscatory fines and penalties. See Brown & Williamson Tobacco Corp. v. Engman, 527 F.2d 1115 (2d Cir. 1975), Cert. denied, 426 U.S. 911, 96 S.C.t. 2237, 48 L. Ed. 2d 837 (1976). The Administrator of the EPA, as we pointed out in note 6, Supra, has two alternatives. He can either seek injunctive relief or can seek to impose civil or criminal penalties. We should not anticipate what the Administrator will seek in advance of his decision. Thus, it cannot be said that confiscatory fines and penalties will Necessarily be incurred. Indeed, the Administrator apparently feels, in this case, that he has a third alternative that of staying enforcement until the resolution of Union Electric's variance request.

Union Electric makes a corollary argument that it must, at some point, have a forum in which to raise its contention that compliance with the Missouri Implementation Plan is economically and technologically infeasible, and that denial of such a forum results in its property being taken without due process of law. Without ruling on the merits of this issue, the Supreme Court stated in Union Electric Co. v. EPA, supra, that such a forum is available to alleged violators because contentions of economic and technological infeasibility can be raised in state court. Union Electric Co. v. EPA, supra, 427 U.S. at 266-267, 96 S.C.t. 2518. See also West Penn Power Company v. Train, 522 F.2d 302, 311-312 (3d Cir. 1975), Cert. denied, 426 U.S. 947, 96 S.C.t. 3165, 49 L. Ed. 2d 1183 (1976). Moreover, this Court held in Fry that such issues can be raised as a defense in an enforcement proceeding. Lloyd A. Fry Roofing Co. v. United States E.P.A., supra at 891. The EPA conceded at oral argument that these issues can be raised in an enforcement proceeding. It affirmed that position in a post-argument memorandum which states:

"Our position remains that, as was stated in Union Electric v. Environmental Protection Agency, 427 U.S. 246, 268 (96 S.C.t. 2518, 49 L. Ed. 2d 474) (1976), 'claims of technological or economic infeasibility * * * are relevant to fashioning an appropriate compliance order under § 113(a)(4)'. And, of course, when a compliance order becomes the subject of an enforcement proceeding, then those same claims may be considered by the courts. Concededly, the Supreme Court, in footnote 18 of the Union Electric decision, Supra at page 268 (96 S.C.t. 2518), expressly declined to address the question whether economic or technological infeasibility may be raised as a defense in civil or criminal enforcement proceedings. In our opinion, however, the correct rule must be that while such matters may not be raised in defense when the purpose of the defense is to contest the validity or constitutionality of an order, they may be raised as matters to be considered where [p307] the object of the proceeding is to fashion a schedule and plan which a company can comply with."

We cannot, of course, read more into Fry or into the EPA's concession than was intended. We do not now hold that the Clean Air Act will ultimately permit a noncomplying polluter to continue operations without change if such change is not technologically or economically feasible. We do hold, however, that this question can be raised in any future enforcement proceeding, and that Union Electric at that time will be able to argue that Congress did not intend that result or that, if it was intended, the statute is unconstitutional. We reserve our decision on that issue until it is properly presented to us.

We reaffirm our decision in Lloyd A. Fry Roofing Co. v. United States E.P.A., supra, and reverse the District Court. Any other course of action would be inconsistent with the enforcement mechanism which Congress has established in the Clean Air Act and would unreasonably delay achieving the objectives of that Act.


text: Talk:Union Electric Co. v. Environmental Protection Agency (593 F.2d 299)


text: Talk:Hatton v. Wicks

title: Talk:Hatton v. Wicks


text:
Navistar International Transportation Corp. v. United States EPA

On Petition to Review an Order form the United States Environmental Protection Agency.

James H. Schink, Jonathan B. Newcomb, Steven A. Smith, Argued, Kirkland and Ellis, Chicago, Illinois, Steven K. Covey, Navistar Int. Transportation Corp, Chicago, Illinois, Attorneys for Appellant.

Laurence M. Groner, Lee M. Thomas, EPA - General Counsel's Office Washington, District of Columbia, Pollution Control Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, District of Columbia, EPA - Region V, Chicago, Illinois, Karen L. Egbert [EPA], argued, Dept. of Justice, Environment Defense Sect, Washington, District of Columbia, Stephen P. Mendoza, Chicago, Illinois, Attorneys for Respondent.

Kennedy and Ryan, Circuit Judges; and Peck, Senior Circuit Judge.


text:
User talk:Ankry

Welcome
Welcome

Hello, and welcome to Wikisource! Thank you for. I hope you like the place and decide to stay. Here are a few good links for newcomers:
 * Help pages
 * Style guide
 * Inclusion policy

You may be interested in participating in Add the code active projects, PotM or CotW to your page for current wikisource projects.
 * Proofread of the Month
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You can put a brief description of your interests on your user page and contributions to another Wikimedia project, such as Wikipedia and Commons.

I hope you enjoy contributing to Wikisource, the library that is free for everyone to use! In discussions, please "sign" your comments using four tildes ( ~ ); this will automatically produce your IP address (or username if you're logged in) and the date. If you need help, ask me on my talk page, or ask your question here (click  [ edit] ) and place  before your question.

Again, welcome! Zyephyrus (talk) 16:46, 18 November 2010 (UTC)

Help
I did not got the permission for school song. How can i get it??--Prathamprakash29 (talk) 09:08, 8 May 2014 (UTC)

Talk:Remembering Adrianne Wadewitz by National Collaborative for Women's History Sites
This ticket link does not work for me. Has anything changed in the interface? Does the link work wor you? Ankry (talk) 06:05, 9 May 2014 (UTC)
 * , I'm no longer on the OTRS ticket team, so I can't view it myself. -- Cirt (talk) 14:39, 9 May 2014 (UTC)
 * I've left a message at User talk:Clarkcj12 for User:Clarkcj12 to help with fixing this. -- Cirt (talk) 14:41, 9 May 2014 (UTC)
 * Can you check this to see if it now works for you also? -- Cirt (talk) 20:21, 9 May 2014 (UTC)

Automated import of openly licensed scholarly articles
Hello Ankry,

We are putting together a proposal about the automated import of openly licensed scholarly articles, and since you are an active Wikisourceror, we'd appreciate yourcomments on the Scriptorium. For convenience, I'm copying our proposal here:
 * The idea of systematically importing openly licensed scholarly articles into Wikisource has popped up from time to time. For instance, it formed the core of WikiProject Academic Papers and is mentioned in the Wikisource vision. However, the Wikiproject relied on human power, never reached its full potential, and eventually became inactive. The vision has yet to materialise.
 * We plan to bridge the gap through automation. We are a subset of WikiProject Open Access (user:Daniel Mietchen, user:Maximilanklein, user:MattSenate), and we have funding from the Open Society Foundations via Wikimedia Deutschland to demo suitable workflows at Wikimania (see project page).
 * Specifically, we plan to import Open Access journal articles into Wikisource when they are cited on Wikipedia. The import would be performed by a group of bots intended to make reference handling more interoperable across Wikimedia sites. Their main tasks are:
 * (on Wikipedia) signalling which references are openly licensed, and link them to the full text on Wikisource, the media on Commons and the metadata on Wikidata;
 * (on Commons) importing images and other media associated with the source article;
 * (on Wikisource) importing the full text of the source article and embedding the media in there;
 * (on Wikidata) handling the metadata associated with the source article, and signalling that the full text is on Wikisource and the media on Commons.
 * These Open Access imports on Wikisource will be linked to and from other Wikimedia sister sites. Our first priority though will be linking from English Wikipedia, focusing on the most cited Open Access papers, and the top-100 medical articles.
 * In order to move forward with this, we need
 * General community approval
 * Community feedback on workflows and scrutiny on our test imports in specific.
 * Bot permission. For more technical information read our bot spec on Github.

Maximilianklein (talk) 18:26, 20 June 2014 (UTC)

AkBot
You must first obtain permission before running a Bot on Wikisource. --EncycloPetey (talk) 22:50, 11 November 2015 (UTC)

Request
May I answer you here at your talk page with regard to your request? Londonjackbooks (talk) 13:48, 22 January 2018 (UTC)
 * Sure. Ankry (talk) 13:50, 22 January 2018 (UTC)
 * I will look into seeing whether I can find a scanned copy of the work (or request a scan). If not, perhaps an interlibrary loan, in which case, I might be able to scan myself—depending on the condition of the book &c. It may take some time, but I will keep you posted. Londonjackbooks (talk) 13:56, 22 January 2018 (UTC)
 * It would be great if you succed. I would appreciate this very much. (For tracking: this section is about: M. Koroway-Metelicki, Poezye, Petersburg 1893.) Ankry (talk) 14:09, 22 January 2018 (UTC)
 * Have placed an interlibrary loan request with my local library. Requested scan (if available), and if not, physical copy. Crossing fingers :) Londonjackbooks (talk) 14:13, 22 January 2018 (UTC)
 * Current status of the ILL is "Awaiting Conditional Processing", which means a lending library is attaching further questions or conditions about the loan request. Londonjackbooks (talk) 12:44, 31 January 2018 (UTC)

Have hit a roadblock. Received the following message:

A request you placed for:

Title: Poezye Author: Koroway-Metelicki, Michal Format: Book

has been cancelled by the interlibrary loan staff for the following reason: ____ Public Library cannot borrow this item as we do not have the archival controls necessary to safeguard its condition.

I will try to contact the holding library directly about the possibility of getting scans. Londonjackbooks (talk) 20:50, 9 February 2018 (UTC)

Ossendowski
I laud your Ossendowski uploads, but being somewhat of a pain in the neck, I must point out that placing the author's name in front of the file name is not a good practice. Uploaded to the commons commons:File:Beasts Men and Gods.djvu, and then came across the book you currently working on and I checked,. . . too bad for me.

In addition, a better place to download is from is Internet Archive, only because they have numerous copies of most items and previous downloaders often comment on a book's condition. — Ineuw talk 21:54, 19 September 2018 (UTC)

 * I never considered that the file name on Commons is somewhat critical: thare are various conventions in use, so I choose the one actually convenient to me: as I was uploading few Ossendowski's books in various languages, placing the author's name in front made it easier to me to separate them from other books on my local disk. Also, I found that using only the title is also not good as the title is very often non-unique. I always attempt to categorize books at least by author and by language.
 * If you wish to rename tha files, feel free to do it. I do not object and can help. Just let me know. However, moving Page: pages requires a flagged bot, IMO.
 * Probably our experiences vary, but I often find Google OCR better than the IA one. So my choice here. Also, the book I have choosen seems to have the original cover.

 * I have added four Ossendowski's books that I intend to proofread. I am also considering the fifth one, but this one is incomplete (the title page, the copyright page and initial pages of the preface are missing at least). Do you know anybody who can help finding another (physical) copy in a library and scanning the few missing pages? There is none in the libraries accessible to me (and no other copy in digital ones). Lenin is still copyrighted in US.
 * I am not planning to become a regular contributor in en.ws; just gathering some experience among various wikisources. And I have choosen books by Ossendowski (who is one of the most widely translated Polish writers) to do that. Ankry (talk) 22:57, 19 September 2018 (UTC)

 * I am a bit of a neat-freak and favour consistency, (which I like about your file names). Don't change anything. My concern is about web searches. The easiest way to deal with this is when these books are transcluded to the main namespace, create a redirect for the original title as well. I believe that web search engines index redirects, but I don't think that .djvu files are.

 * The original book about Lenin was published in 1933, and AFAIK we don't use anything past 1923. But the book is available on Internet Archive uploaded by the Library of India. Good for them :-) but not for us.

 * P.S. Also regret that you are not planning to be a regular contributor. :-( — Ineuw talk 00:31, 20 September 2018 (UTC)

Multipage score module..
It was my understanding that you had implemented a solution for a score split over multiple pages on Polish Wikisource, would it be possible for you to import the module so it can be used here, and possibly extended so it can also optionally take into account LST sections, where a page may contain multiple scores?

Thanks. ShakespeareFan00 (talk) 15:30, 3 May 2019 (UTC)
 * Sure. It is also available in oldwikisource:. But undeocumented yet...
 * OOPS, I mean I can upload it here, as you can as well. I am not admin here. Ankry (talk) 15:38, 3 May 2019 (UTC)
 * imported; your request inclined me to prepare some doc; hopefully it is clear... Ankry (talk) 18:34, 3 May 2019 (UTC)

On the Bright Shore
Please refer to the Style Guide regarding the naming of subpages in a work. The subpage for chapter 3 should be named On the Bright Shore/Chapter 3 rather than On the Bright Shore/3. --EncycloPetey (talk) 16:08, 31 May 2019 (UTC)

Chronological Table of the Statutes...
As you seem to be adept at building the transclusions for things, it would be much appreciated if you could at some point look into helping build this and the relevant sub-pages,

https://en.wikisource.org/w/index.php?title=Chronological_Table_and_Index_of_the_Statutes/Chronological_Table&redirect=no

An example of the Transcluded pages approach is here Chronological_Table_and_Index_of_the_Statutes/Chronological_Table/5Geo1 The table was split from the original because of it's size. However this means the transclusion construction is somewhat more involved.

Thanks greatly in advance for any assistance you can give in continuing it's construction, at least as far as 1800. ShakespeareFan00 (talk) 21:59, 28 June 2019 (UTC)
 * AFAICS, <pages> tag cannot be used here as there is a <div> generated around its content (and this constitutes a requirement that the whole wikitable has to be generated inside <pages>. On the other hand, generating wikitables inside page content, might be incompatible in some cases with ## section syntax used here (more than one section containing the same part of page content would be required - eg. via nested sections, unsupported by ## syntax).
 * I have created a helper template that might simplify generating pages using current, page based syntax. However, in my opinion, the whole process might be automated. But some time ago my request for permission to use a helper bot for such automated jobs was rejected (both: with & without the bot flag) for reason that is unclear to me. So I avoid doing such automated work myself, leaving this to authorized bot operators. If somebody wishes to do it manually, they are welcome. However, I will not as (IMO) this is waste of time and potential source of mistakes (typos). Ankry (talk) 15:50, 29 June 2019 (UTC)
 * Okay thanks for taking a look though:) ShakespeareFan00 (talk) 15:53, 29 June 2019 (UTC)

title: User talk:Ankry


text: Harvard Law Review/Volume 32/Natural Law


text:
Talk:Harvard Law Review/Volume 32/Natural Law

Original available here. Cheers! BD2412 T 16:50, 18 November 2010 (UTC)