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Rh two footmen carry out in their arms the bent form of the old lady, wrapped in sable fur, and immediately behind her clad in a warm mantle, and with her head ornamented with a wreath of fresh flowers, followed Lizaveta. The door was closed. The carriage rolled away heavily through the yielding snow. The porter shut the street-door; the windows became dark.

Hermann began walking up and down near the deserted house; at length he stopped under a lamp, and glanced at his watch: it was twenty minutes past eleven. He remained standing under the lamp, his eyes fixed upon the watch, impatiently waiting for the remaining minutes to pass. At half-past eleven precisely, Hermann ascended the steps of the house, and made his way into the brightly-illuminated vestibule. The porter was not there. Hermann hastily ascended the staircase, opened the door of the ante-room and saw a footman sitting asleep in an antique chair by the side of a lamp. With a light firm step Hermann passed by him. The drawing-room and dining-room were in darkness, but a feeble reflection penetrated thither from the lamp in the ante-room.

Hermann reached the Countess's bedroom. Before a shrine, which was full of old images, a golden lamp was burning. Faded stuffed chairs and divans with soft cushions stood in melancholy symmetry around the room, the walls of which were hung with China silk. On one side of the room hung two portraits painted in Paris by Madame Lebrun. One of these represented a stout, red-faced man of about forty years of age in a bright-green uniform and with a star upon his breast; the other—a beautiful young woman, with an aquiline nose, forehead curls and a rose in her powdered hair. In the corners stood porcelain shepherds and shepherdesses, dining-room clocks from the workshop of the celebrated Lefroy, bandboxes, roulettes, fans and the various playthings for the amusement of ladies that were in vogue at the end of the last century, when Montgolfier's balloons and Mesmer's magnetism were the rage. Hermann stepped behind the screen. At the back of it stood a little iron bedstead; on the right was the door which led to the

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text: Littell's Living Age/Volume 138/Issue 1784/White Jasmine


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Rh the caps of pillars. It would seem as though, in the sense of security in which the English were, they took a pleasure in laughing at the grave precautions employed on the Continent,

where the battlement was something far too serious and important to be treated as an ornament.

The poor old hall has shrunk and been degraded into a mere lobby, in which to


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CHAPTER III.

N 1891 I was excavating a village at the edge of Trewortha Marsh, on the Bodmin Moors, in Cornwall. There were a number of oblong huts, but one seemed to have been occupied by more than one family, as it was divided into stalls, by great slabs of granite set up on edge, and in front of each stall was a hearth on the soil, and the soil burnt brick-red from heat.

The pottery found strewn about was all wheel-turned, but early and rude, and no trace of glass could be found. These 49


text: Littell's Living Age/Volume 138/Issue 1784/"Spring's Secrets"


text: Littell's Living Age/Volume 138/Issue 1784/The Passing of the Cloud


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S every circle has its centre, so had every manor its hall, the centre of its organization, the heart whence throbbed the vital force through the district, and to which it returned. The hall was not merely the place where the lord lived, for he did not always occupy it, but it was the gathering place of the courts leet and baron.

It is the fashion to hold that land was originally held in common, and that private proprietorship in land is an encroachment on the public rights. That was, no doubt, the case with the Celt, and it has been fatal to his ever taking a lead among the nations; it has so eaten into


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WORKS ISSUED BY

THE TRAVELS OF LUDOVICO DI VARTHEMA.

M.DCCC.LXIII.


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S the manor-house with its hall was the centre of the organization for civil purposes, so was the Church the religious centre of the parish. In a considerable number of cases it certainly occupies the place of the older temple, in which the thane or chief was godi or priest as well as law-man in his hall. This was not always the case; a good many of our churches are of later and exclusively Christian foundation, and were then planted in such place as was determined by quite other considerations. The parish church is full of interest connected with the parish, it has been built and decorated by the ancestors of the humble


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 {|

 * colspan=3|Chapter|||page
 * I.|| ||Paternal Acres
 * II.|| ||The Manor House
 * III.|| ||The Domestic Hearth
 * IV.|| ||Old Furniture
 * V.|| ||Ceilings
 * VI.|| ||The Parish Church
 * VII.|| ||The Village Inn
 * VIII.|| ||The Manor Mill
 * IX.|| ||The Farmhouse
 * X.|| ||Cottages
 * XI.|| ||The Village Doctor
 * XII.|| ||Scapegraces
 * XIII.|| ||Hedges
 * XIV.|| ||Underground Rights
 * }
 * VI.|| ||The Parish Church
 * VII.|| ||The Village Inn
 * VIII.|| ||The Manor Mill
 * IX.|| ||The Farmhouse
 * X.|| ||Cottages
 * XI.|| ||The Village Doctor
 * XII.|| ||Scapegraces
 * XIII.|| ||Hedges
 * XIV.|| ||Underground Rights
 * }
 * IX.|| ||The Farmhouse
 * X.|| ||Cottages
 * XI.|| ||The Village Doctor
 * XII.|| ||Scapegraces
 * XIII.|| ||Hedges
 * XIV.|| ||Underground Rights
 * }
 * XI.|| ||The Village Doctor
 * XII.|| ||Scapegraces
 * XIII.|| ||Hedges
 * XIV.|| ||Underground Rights
 * }
 * XIII.|| ||Hedges
 * XIV.|| ||Underground Rights
 * }
 * XIV.|| ||Underground Rights
 * }
 * }
 * }


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 PRINTED FOR THE HAKLUYT SOCIETY

M.DCCC.KXII


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 THE TRAVELS

OF

IN

EGYPT, SYRIA, ARABIA DESERTA AND ARABIA FELIX, IN PERSIA, INDIA, AND ETHIOPIA,

A.D. 1503 TO 1508.

FROM THE ORIGINAL ITALIAN EDITION OF 1510,

WITH A PREFACE,

BY

JOHN WINTER JONES, ., F.S.A.,

WITH NOTES AND INTRODUCTION

BY

George Percy Badger,

LATE GOVERNMENT CHAPLAIN IN THE PRESIDENCY OF BOMBAY, AUTHOR OF "THE NESTORIANS AND THEIR RITUALS ETC., ETC., ETC.

WITH A MAP.

LONDON:

PRINTED FOR THE HAKLUYT SOCIETY.

M.DCCC.LXIII


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 includes Griquas and Hottentots and non-aboriginal negroes, was only 6686.

Chief Towns.—The seat of the provincial government is

(q.v.), commonly called Maritzburg (or P.M.B.), with a population (1904) of 31,199. It is 71 m. by rail N.N.W. of (q.v.), the seaport and only large city in Natal, pop. 67,842.

(q.v.), pop. 5568, ranks next in size. It is in the north-west of the province, is famous for its investment by the Boers in 1899–1900 and is an important railway junction. North-east of Ladysmith are Dundee (2811) and Newcastle (2950). Dundee is the centre of the coal-mining district. Newcastle is also a mining town, but depends chiefly on its large trade in wool. It is named after the duke of Newcastle who was secretary for the colonies in 1852 and 1859. Vryheid (2287) is in the centre of a highly mineralized district. Utrecht (860) lies between Newcastle and Vryheid, and was one of the first towns founded by the Transvaal Boers. There are coal-mines on the town lands. Greytown (2436), a wool and wattle trading centre, is in central Natal. Verulam (1325), 19 m. along the coast north of Durban, serves as centre for sugar, tobacco and fruit plantations. It was founded by emigrants from St Albans, England–whence the name. Port Shepstone, at the mouth of the Umzimkulu river, is the natural outlet for south-west Natal. Estcourt is a trading centre, 75 m. by rail N.N.W. of Pietermaritzburg and is 29 m. distant from the village of Weenen (“Weeping”), so named by the first Boer settlers in memory of a Zulu raid. Another village, Colenso, on the south bank of the Tugela, 16 m. by rail south of Ladysmith, was the headquarters of Sir Redvers Buller at the battle of Colenso on the 15th of December 1899.

Communications.—Durban (Port Natal) is in regular communication with Europe via Cape Town and via Suez by several lines of steamers, the chief being the boats of the Union-Castle line, which sail from Southampton and follow the west coast route, those of the German East Africa line, which sail from Hamburg and go via the east coast route and those of the Austrian Lloyd from Trieste, also by the east coast route. By the Union-Castle boats there is a weekly mail service to England. There are also two direct lines of steamers between London and Durban (a distance of 6993 nautical miles), average passage about twenty-six days; the mail route taking twenty to twenty-two days. Durban is also in regular and frequent communication by passenger steamers with the other South African ports, as well as Mauritius, Zanzibar, &c., and with India, Australia, the United States and South America. The works which have made Port Natal the finest harbour in South Africa are described under .

The first railway built in South Africa was a 2-m. line from The Point (or harbour) to the town of Durban. It was opened for traffic in 1860 and in 1874 was extended some 4 m. to the Umgeni river. This line was of 4 ft. 8 in. gauge and was privately owned, but, when in 1876 the Natal government determined to build and own a railway system which should in time cover the country, the existing line was bought out and the gauge altered to 3 ft. 6 in. On this, the normal South African gauge, all the Natal railways, save a few 2-ft. branch lines, are built. The main line starts from Durban, and passing through Pietermaritzburg (71 m.), Ladysmith (190 m.) and Newcastle (268 m.) pierces the Drakensberg at Laing’s Nek by a tunnel 2213 ft. long, and 3 m. beyond Charlestown reaches the Transvaal frontier at mile 307. Thence the railway is continued to Johannesburg, &c. The distances from Durban to the places mentioned by this route are: Johannesburg, 483 m.; Pretoria 511 m.; Kimberley, 793 m.; Bulawayo, 1508 m.; Delagoa Bay, 860 m.

From Ladysmith a branch line runs north-west into the Orange Free State, crossing the Drakensberg at Van Reenen’s Pass. This line is continued via Harrismith and Bethlehem to Kroonstad (393 m. from Durban) on the main Cape Town, Bloemfontein and Johannesburg railway and is the shortest route between Durban and Cape Town (1271 m.). It also affords via Bloemfontein the shortest route (622 m.) between Durban and Kimberley. From Glencoe Junction, 42 m. north of Ladysmith on the direct line to Johannesburg, a branch railway goes N.E. to the Dundee coalfields, Vryheid (59 m.) and Hlobane (76 m.). Two lines branch off from Pietermaritzburg. One (62 m. long) goes N.E. to Greytown, serving the east-central part of the province; the other line (108 m. long) goes S.W. to Riverside Station, forming a link in the scheme for direct communication between Natal and East London and Port Elizabeth.

Durban is the starting-point of two coast lines. The south coast line, which runs close to the sea, goes to Port Shepstone (79 m.). A 2-ft. gauge railway (102 m.), which leaves the south coast line at Alexandra Junction (44 m. from Durban), runs N.W. by Stuartstown and joins the Pietermaritzburg-Riverside line. The north coast railway (167 m. long) crosses the Tugela 70 m. from Durban and continued through Zululand to Somkele, the centre of the Santa Lucia coal-fields.

As might be expected in a country possessing the physical features of Natal, the gradients and curves are exceptionally severe. Not less than 43 m. are upon grades of 1 in 30 and 1 in 35, and curves of 300 to 350 ft. radius, while on over 100 m. more there are grades under 1 in 60 and curves of less than 450 ft. radius. The main trunk line reaches an altitude of 3054 ft. at a point 58 m. distant from Durban; after falling 1000 ft. in its farther progress to Pietermaritzburg, it again rises, 12 m. after leaving that city, to a height of 3700 ft. above the sea; at a point 134 m. from Durban it has reached an altitude of 5152 ft., but on reaching Ladysmith, 191 m. from Durban, the altitude has decreased to 3284 ft. The summit of the Biggarsberg chain is crossed at a point 233 m. from the port, at a height of 4800 ft., and at Laing’s Nek the altitude is 5399 ft. The Orange Free State line, after leaving Ladysmith, ascends by steep gradients the whole of its own course in Natal territory, and when it gains the summit at Van Reenen’s Pass it is 5500 ft. above the sea. The mileage open in 1910 was 1173. The cost of construction, to the same year, exceeded £14,000,000, the interest earned per cent since 1895 not being less than £3, 12s. in any one year. In outlying districts post carts and ox wagons are the usual means of conveyance. There are about 5000 m. of high roads kept in repair by the government.

There is a well-organized postal and telegraphic service. Land lines connect Natal with every part of South Africa and with Nyasaland and Ujiji. A submarine cable from Durban goes to Zanzibar and Aden, whence there is communication with every quarter of the globe. The first telegraph line in Natal was opened in 1873; in 1878 communication was established with Cape Town and in the following year with Delagoa Bay.

Agriculture and Allied Industries.—The diversity of soil and climate leads to a great diversity in the agricultural produce. The chief drawback to farming in the midland and upper districts is the considerable proportion of stony ground, and, in some cases, the lack of running water. The area of land under tillage is less than a twentieth of the whole surface, the crop most extensively grown being maize or “mealies.” This is universally grown by the natives and forms their staple food; it is also grown by the Indians, and by the white farmers for export. Besides maize the crops cultivated by the natives are Kaffir corn or amabele (Sorghum caffrorum)—used in the manufacture of utyuala, native beer—imfi (Sorghum saccharatum), tobacco, pumpkins and sweet potatoes. The chief wealth of the natives consists, however, in their large herds of cattle (see infra). While maize thrives in every part of the country, wheat, barley and oats—cultivated by the white farmers—flourish only in the midlands and uplands. More important than the cereal crops are the tropical and sub-tropical products of the coast zone. Besides fruits of nearly all kinds there are cultivated in the low moist regions the sugar-cane, the tea, coffee and tobacco plants, arrowroot, cayenne pepper, cotton, &c. The area under sugar in 1905 was 45,840 acres and the produce 532,067 cwt. (a large quantity of sugar-cane is grown for feeding stock). In the same year the production of tea was ; of coffee, ; of maize, 2,101,470 bushels; of potatoes, 419,946 bushels; and of sweet potatoes, 181,195 bushels. The tea plant was first introduced in Natal in 1850, but little attention was paid to it until the failure of the coffee plantations about 1875, since when only small quantities of coffee have been produced. In 1877 renewed efforts were made to induce tea cultivation, and by 1881 it had become an established industry. The variety chiefly grown is the Assam indigenous. Most of the tea estates are situated in the coast belt north of Durban. The sugar cane, like tea, was first introduced in 1850, the first canes being brought from Mauritius. The industry is steadily growing, as are the dependent manufactures of molasses and rum. The fruit industry is of considerable importance and by 1905 had reached a turnover of over £100,000 a year.

Extensive areas in the midland and upland districts are devoted to the raising of stock. Horse-breeding is successfully carried on in the upper districts. The higher the altitude the healthier the animals and the greater their immunity from disease. Horse-sickness, a kind of malarial fever, which takes an epidemic form in very wet seasons, causes considerable loss. The Natal horse is small, wiry, and has great powers of endurance. Cattle-breeding is probably the most lucrative branch of stock-farming, the country being pre-eminently adapted for horned cattle. Rinderpest in 1896–1897 swept through South Africa, and probably carried off in Natal from 30 to 40% of the stock of Europeans, while the natives’ losses were even heavier. Serum and bile inoculation were the means of saving a considerable percentage of the herds. The farmers soon began to recover from their losses, but in 1908–1909 another serious loss of stock resulted from the ravages of East Coast fever. The cattle consist chiefly of the Zulu and Africander breeds, but attention has been given to improving the breed by the introduction of Shorthorn, Devon and Holstein (or Friesland) stock. The chief market for cattle is Johannesburg. The principal breed of sheep is the merino, which does well in the higher altitudes. A Scab Act is in force, and is stringently carried out by government inspectors with most satisfactory results. The Angora goat thrives well in certain districts. Ostriches do well in the dry, arid valleys of the Tugela and Mooi rivers. In 1908 Europeans were returned as owning 32,000 horses, 220,000 horned cattle, 765,000 sheep, 68,000 goats, 25,000 pigs, 960 ostriches and 384,000 poultry. Large herds of cattle—over 500,000 in the aggregate—are owned by the natives, who also possess vast flocks of goats and sheep. The dairy industry is well established, and Natal butter commands a ready sale.

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 TO THE

RIGHT HONORABLE

SIR CHARLES WODD, G.C.B.,

HER MAJESTY'S SECRETARY OF STATE FOR INDIA,

THIS EDITION

OF THE EASTERN TRAVELS OF

LUDOVICO DI VARTHEMA,

AT THE BEGINNING OF THE SIXTEENTH CENTURY,

IS RESPECTFULLY DEDICATED

BY THE EDITOR.


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HIS Book of the Pyrenees follows the same lines as my Book of the Rhine and Book of the Riviera, It is not a guide, but an introduction to the chain, giving to the reader a sketch of the History of the Country he visits.

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 viii On the other hand patient study and the acquisition of knowledge were the keynotes of the life of Lord Webb Seymour, a well known figure in Edinburgh life during its palmy days in literature and science. Sydney Smith dedicated to him in terms of warm feeling the first editions of his sermons.

Lydia White was for many years the leading lady in London to entertain the "lions" of the day. She visited Walter Scott at Ashestiel, was remembered by Tom Moore when he was in Italy, and Sydney Smith drew from her the jest with which her name is still associated. Lord John Townshend desired no other epitaph than a record of his life-long friendship with Charles Fox. It was for that statesman's sake that he contested the representation of the university of Cambridge and the city of Westminster, and satirised Pitt and his followers in the Rolliad. I have now introduced the reader to the acquaintance of these eight persons. It rests with him to settle whether further knowledge of them shall draw him into friendship.

W. P. COURTNEY. November, 1909.


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 Valuable timber is obtained from the forests. Stinkwood is largely employed in the making of wagons, and is also used for making furniture. Black ironwood is likewise used in building wagons, while sneezewood is largely utilized for supports for piers and other marine structures, being impervious to the attacks of the Teredo navalis. More important is the cultivation of the black wattle (Acacia mollissima), which began in 1886, the bark being exported for tanning purposes, the wood also commanding a ready sale. This wattle thrives well in most localities. but especially in the highlands of central Natal. In 1905 the production of wattle bark was 13,620 tons, and the area planted with the tree over 60,000 acres. Aloes and ramie are cultivated to some extent for their fibre.

The government maintains experimental farms and forestry plantations and a veterinary department to cope with lung sickness, rinderpest, East Coast fever and such like diseases. It also conducts campaigns against locusts and other pests and helps irrigation settlements. By means of an Agricultural Bank it affords assistance to farmers.

Mining.—There are several highly mineralized areas in the country. The existence of coal in the north-east districts on or near the surface of the ground was reported as early as 1839, but it was not until 1880 that steps were taken to examine the coalfields. This was done by F. W. North, who reported in 1881 that in the Klip river (Dundee) district there was an area of 1350 sq. m. that might be depended upon for the supply of coal, which is of all characters from lignite to anthracite. In 1889 the extension of the railway from Ladysmith through the coal area first made coal-mining profitable. In 1896 the total output of coal was 216,106 tons (valued at £108,053 at the pit’s mouth), in 1908 it had increased to 1,669,774 tons (valued at the pit’s mouth at £737,169). There is a considerable trade in bunker and export coal at Durban, the coal bunkered having increased from 118,740 tons in 1900 to 710,777 in 1908. In the last-named year 446,915 tons of coal were exported. Besides the mines in the Newcastle and Dundee district there are extensive coal-fields at Hlobane in the district and in (q.v.) Iron ore is widely distributed and is found in the neighbourhood of all the coal-fields. There are extensive copper and gold-yielding areas, and in some districts these metals are mined. On the lower Umzimkulu, near Port Shepstone, marble is found in great quantities.

Commerce.—The chief exports, not all products of the province, are coal, wool, mohair, hides and skins, wattle bark, tea, sugar, fruits and jams. The import trade is of a most varied character, and a large proportion of the goods brought into the country are in transit to the Transvaal and Orange Free State, Natal affording, next to Delagoa Bay, the shortest route to the Rand. Textiles, largely cotton goods, hardware, mining and agricultural machinery, tobacco and foodstuffs form the bulk of the imports. In 1896 the value of exports was £1,785,000; in 1908 the value was £9,622,000. In 1896 the imports were valued at £5,437,000, in 1908 at £8,330,000 (a decrease of £2,300,000 compared with 1905). The bulk of these exports are to the Transvaal and neighbouring countries, and previously figure as imports, other exports, largely wool and hides, are first imported from the Transvaal. Over three-fifths of the imports are from Great Britain, and about one-seventh of the exports go to Great Britain. The shipping, which in 1874 was 126,000 tons, was in 1884 1,013,000; in 1894, 1,463,000; in 1904 4,263,000; and in 1908, 5,028,000. Over six-sevenths of the shipping is British.

Government and Constitution.—Natal was from 1893 to 1910 a self-governing colony. It is now represented in the Union Parliament by eight senators and seventeen members of the House of Assembly. The qualifications for electors and members of the Assembly are the same, namely men of full age owning houses or land worth £50, or who rent such property of the yearly value of £10; or who, having lived three years in the province, have incomes of not less than £96 a year.

Coloured persons are not, by name, excluded from the franchise, but no persons “subject to special laws and tribunals,” in which category all natives are included, are entitled to vote. Another law, directed against Indians, excludes from the franchise, natives, or descendants of natives in the male line, of countries not possessing elective representative institutions. Exemption from the scope of these provisions may be granted by the governor-general and under such exemption a few Kaffirs are on the roll of electors.

At the head of the provincial government is an administrator, appointed by the Union Ministry, who holds office for five years. He is assisted by an executive committee of four members elected by the provincial council. This council to which is entrusted the management of affairs purely provincial consists of 25 members, elected by the parliamentary voters and each representing a separate constituency. The council sits for a statutory period of three years. For local government purposes the province is divided into counties or magisterial divisions; Zululand being under special jurisdiction. The chief towns—Durban, Maritzburg, Ladysmith, Newcastle and Dundee—are governed by municipal corporations and minor towns by local boards.

Revenue and Expenditure.—Revenue is derived chiefly from customs and excise, railways, land sales, posts and telegraphs and a capitation tax. The expenditure is largely on reproductive works (railways, harbours, post office, &c.), on the judiciary and police, education and military defence. The majority of these services are, since 1910, managed by the Union Government, but the provincial council has power to levy direct taxation, and (with the consent of the Union Government) to raise loans for purely provincial purposes. Its revenues and powers are those pertaining to local government. Some particulars follow as to the financial position of Natal previous to the establishment of the Union.

In 1846, the first year of Natal’s separate existence, the revenue was £3073 and the expenditure £6905. In 1852 the revenue was £27,158 and the expenditure £24,296, and in 1862 the corresponding figures were £98,799 and £85,928. In 1872 revenue had risen to £180,499 and expenditure to £132,978. Ten years later the figures were, revenue £657,738, expenditure £659,031. The rise of Johannesburg and the opening up of the Dundee coal-fields, as well as the development of agriculture, now caused a rapid increase on both sides of the account. In 1888 the revenue for the first time exceeded a million, the figures for that year being, revenue £1,130,614, expenditure £781,326; in 1898–1899 the figures were £2,081,349 and £1,914,725. The Anglo-Boer War (1899–1902) caused both revenue and expenditure to rise abnormally, while the depression in trade which followed the war adversely affected the exchequer. In 1903–1904 there was a slight credit balance, the figures being, revenue £4,160,145, expenditure £4,071,439. For the next four years there were deficits, but in 1908–1909 a surplus was realized, the revenue being £3,569,275 and the expenditure £3,530,576. For 1909–1910, the last year of Natal’s existence as a colony, the revenue, £4,035,000, again exceeded the expenditure. The public debt, £2,101,500 in 1882, had risen at the close of the Boer War in 1902 to £12,519,000, and was in June 1909, £21,420,000.

Defence:—A small garrison of imperial troops is quartered at Maritzburg. The provincial force consists of a militia, fully equipped and armed with modern weapons. It is divided into mounted riflemen, about 1900 strong, four field batteries of 340 men and two infantry battalions, each of over 800 men. There is also an armed and mounted police force of 870 Europeans. Military training is compulsory on all lads over ten attending government schools. The boys are organized in cadet corps. A senior cadet corps is formed of youths between sixteen and twenty. There are also many rifle associations, the members of which are liable to be called out for defence. Durban harbour is defended by batteries with heavy modern guns. The batteries are manned by the naval corps (150 strong) of the Natal militia. Natal makes an annual contribution of £35,000 towards the upkeep of the British navy.

Law and Justice.—The South Africa Act 1909 established a Supreme Court of South Africa, the former supreme court of Natal becoming a provincial division of the new supreme court. The Roman-Dutch law, as accepted and administered by the courts of Cape Colony up to 1845 (the date of the separation of Natal from the Cape), is the law of the land, save as modified by ordinances and laws enacted by the local legislature, mostly founded upon imperial statute law. The law of evidence is the same as that of the courts of England. Natives, however, are not justiceable under the Roman-Dutch law, but by virtue of letters patent passed in 1848 they are judged by native laws and customs, except so far as these may be repugnant to natural equity. The native laws were first codified in 1878, in 1887 a board was appointed for their revision, and the new code came into operation in 1901. Provision is made whereby a native can obtain relief from the operation of native law and be subject to the colonial law (Law No. 28 of 1865). Special laws have been passed for the benefit of the coolie immigrants. The administration of justice is conducted by magistrates’ courts, circuit courts and the provincial division of the supreme court. The magistrates have both civil and criminal jurisdiction in minor cases. Appeals can be made from the magistrates’ decisions to the provincial or circuit court. The provincial court, consisting of a judge president and three puisne judges, sits in Pietermaritzburg and has jurisdiction over all causes whether affecting natives or Europeans. The judges also hold circuit courts at Durban and other places. Appeals from the circuit courts can be made to the provincial court; and from the provincial court appeals lie to the appellate division of the Supreme Court of South Africa, sitting at Bloemfontein. Criminal cases are tried before a single judge and a jury of nine—of whom not fewer than seven determine the verdict. There is a vice-admiralty court, of which the judge-president is judge and

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Works

 * 1850, Divers Voyages Touching the Discovery of America and the Islands Adjacent
 * 1861, Observations on the Origin of the Division of Man's Life into Stages, London: F. S. Ellis
 * 1862, A Guide to the Print Book Collection to the Public, London: Woodfall and Kinder, 1862. Printed for the British Museum.
 * 1863, translated The Travels of Ludovico di Varthema
 * 1889, A translation of all the Greek, Latin, Italian, and French quotations which occur in Blackstone's Commentaries
 * Contributor to the Biographical Dictionary of the Society for the Diffusion of Useful Knowledge
 * 1910, Preface to List of books forming the reference library in the reading room of the British Museum, 4th edition.

Works directed to Jones

 * 1868, Letter from John Turtle Wood to John Winter Jones, 22nd December 1868, by John Turtle Wood

Works about Jones

 * "The late John Winter Jones, V.P.S.A." in Essays in librarianship and bibliography by Richard Garnett
 * "The late John Winter Jones, V.P.S.A." in Essays in librarianship and bibliography by Richard Garnett

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 commissary. In native cases the chiefs have civil jurisdiction in disputes among their own tribesmen and criminal jurisdiction over natives except in capital cases, offences against the person or property of non-natives, pretended witchcraft, cases arising out of marriages by Christian rites, &c. An appeal lies to a magistrates’ court from every judgment of a native chief, and from the magistrates’ judgment on such appeal to a native high court. This native high court consists of a judge-president and two other judges, and sits in full court at Maritzburg not less than three months and at Eshowe not less than once in the year. There is no jury in this tribunal and single judges may hold circuit courts. With certain exceptions reserved for the provincial court (such as insolvency, ownership of immovable property and divorce), the native high court exercises jurisdiction when all parties to the suit are natives; it also has jurisdiction when the complainant is not a native, but all other parties to the suit are natives.

Religion.—The majority of the white inhabitants are Protestants, the bodies with the largest number of adherents being the Anglicans, Dutch Reformed Church, Presbyterians and Wesleyans. The Anglicans are divided into two parties—those belonging to “the Church of the Province of South Africa,” the body in communion with the Church of England, and those who act independently and constitute “the Church of England in Natal.” The schism arose out of the alleged heterodox views of (q.v.), who had been created bishop of Natal by letters patent in 1853. In 1863 the metropolitan of Cape Town, as head of the Church of the Province of South Africa, excommunicated Dr Colenso and consecrated a rival bishop for Natal, who took the title of bishop of Pietermaritzburg. Dr Colenso, who obtained a decision of the privy council confirming his claim to be bishop of Natal and possessor of the temporalities attached to the bishopric, died in 1883. After his death those members of the Anglican community who objected to the constitution of the provincial church maintained their organization while the temporalities were placed in the hands of curators. Reunion in spiritual matters has, however, been practically effected. Moreover, an act of the Natal parliament passed in 1909 placed the temporalities into commission in the persons of the bishop and other trustees of the Natal diocese of the Provincial Church; reservations being made in favour of four congregations at that time unwilling to unite with the main body of churchmen. At the census of 1904 the Anglicans numbered 40,880. The Presbyterians numbered 12,184, the Wesleyan Methodists 11,992, the Dutch Reformed Church 11,340, the Lutherans 4852, and the Baptists 2193. The Roman Catholics, at whose head is a vicar-apostolic, numbered 10,419. All these figures are exclusive of natives, of whom the churches named—notably the Anglicans and Wesleyans—have many converts. The Jewish community in 1904 numbered 1496. Of the Asiatics, 87,234 were classed as Hindus and 10,111 as Mahommedans.

Education.—Education other than elementary is controlled by the Union government. Public schools, and private schools aided by provincial grants provide elementary education for white children. Education is neither compulsory nor free; but the fees are low (1s. to 5s. a month) and few children are kept away from school. There are government secondary and art schools at Durban and Maritzburg, and a Technical Institute at Durban. For higher education provision was made by the affiliation of Natal to the Cape of Good Hope University and by exhibitions tenable at English universities. An act of the Natal legislature, passed December 1909, provided for the establishment at Maritzburg of the Natal University College, the course of studies to be such as from time to time prescribed by the Cape University. In 1910 £30,000 was voted for the University College buildings. State aid and inspection is given to private schools for natives. In the native schools—almost all maintained by Christian missions—Zulu and English are taught, the subjects taken being usually reading, writing, arithmetic, grammar, geography and history. The state provides elementary and higher grade schools for Indian children. In 1908 there were 52 government schools and 472 schools under inspection; 304 European, 21 coloured, 168 native and 31 Indian, with an aggregate attendance of 30,598 scholars. There are in addition many private and denominational schools and colleges not receiving state aid. Of these, two of the best known are Hilton College and Hermansberg College, many prominent Natalians having been educated at one or the other of these establishments. To encourage the instruction of children who by reason of distance cannot attend a government or government-aided school, grants-in-aid are made for each pupil attending farm schools.

The Press.—The first newspaper in Natal was the Natalier, a Dutch print published at Maritzburg; it was succeeded by the Patriot. The first English paper was the Natal Witness, started in 1845 and still one of the leading organs of public opinion. In 1851 the Natal Times appeared, and is now continued as the Times of Natal. Another leading paper, the Natal Mercury, dates from 1852. It is a morning newspaper and is issued at Durban. The Natal Advertizer is a Durban evening paper. Sir John Robinson, the first premier of Natal under responsible government, was the editor of the Mercury from 1860 until he became prime minister in 1893. In 1886 a new Dutch paper, De Afrikaner, was started at Maritzburg. The Kaffirs have their own organ, Ipipa lo Hlunga (the paper of grievances), issued at Maritzburg, and the Asiatics, Indian Opinion, a weekly paper started in 1903 and printed in English, Gujarati, Hindi and Tamil. Local papers are published weekly at Ladysmith, Dundee and Greytown. The Agricultural Journal, a government publication issued fortnightly, is of great service in the promotion of agricultural knowledge.

History.

Vasco da Gama on his voyage to India sighted the bluff at the entrance to the bay now forming the harbour of Durban on Christmas Day 1497 and named the country Terra Natalis. Da Gama made no landing here and, like the rest of South Africa, Natal was neglected by the Portuguese, whose nearest settlement was at Delagoa

Bay. In 1576 Manuel de Mesquita Perestrello, commanded by King Sebastian to explore the coast of South Africa and report on suitable harbours, made a rough chart, even then of little use to navigators, which is of value as exhibiting the most that was known of the country by its discoverers before the advent of their Dutch rivals, who established themselves at Cape Town in 1652. Perestrello states that Natal has no ports but otherwise he gives a fairly accurate description of the country—noting particularly the abundance of animals and the density of the population. The first detailed accounts of the country were received from shipwrecked mariners. In 1683 the English ship “Johanna” went ashore near Delagoa Bay and the crew made a remarkable journey overland to Cape Town, passing through Natal, where they were kindly received by the natives. About the same time (in 1684) an English ship put into Port Natal (as the bay came to be known) and purchased ivory from the natives, who, however, refused to deal in slaves. In May 1685 another English ship the “Good Hope” was wrecked in crossing the bar at Port Natal and in February 1686 the “Stavenisse,” a Dutch East Indiaman, was wrecked a little farther south. Survivors of both vessels lived for nearly a year at Port Natal and there built a boat in which they made the voyage to Cape Town in twelve days. They brought with them 3 tons of ivory. This fact and their reports of the immense herds of elephants which roamed the bush led Simon van der Stell, then governor at Cape Town to despatch (1689) the ship “Noord” to Port Natal, with instructions to her commander to open up a trade in ivory and to acquire possession of the bay. From the chief of the Amatuli tribe, who inhabited the adjacent district, the bay was “purchased” for about £50 worth of goods. No settlement was then made and in 1705 the son of the chief repudiated the bargain. In 1721 the Cape government did form a settlement at the bay, but it was soon afterwards abandoned. Thereafter for nearly a hundred years Natal was again neglected by white men. A ship now and again put into the bay, but the dangerous bar at its entrance militated against its frequent use. When in 1824 the next attempt was made by Europeans to form a settlement at the bay, Cape Colony had passed from the Dutch into the possession of Great Britain, while in Natal great changes had come over the land as a result of wars between the natives.

From the records of the 17th and 18th centuries it is apparent that the people then inhabiting Natal were Bantu-negroes of the Kaffir (Ama Xosa) branch. There is no mention of Hottentots, and the few Bushmen who dwelt in the upper regions by the Drakensberg did not come into contact with Europeans. The sailors of the “Stavenisse” reported the most numerous and most powerful tribe to be the Abambo, while that which came most in contact with the whites was the Amatuli, as it occupied a considerable part of the coast-land. These Kaffirs appear to have been more given to agriculture and more peaceful than their neighbours in Kaffraria and Cape Colony. But the quiet of the country was destroyed by the inroads of Chaka, the chief of the Zulus (see ). Chaka between 1818 and 1820 ravaged the whole of what is now known as Natal, and after beating his foes in battle, butchered the women, children and old men, incorporating the young men in his impis. The population was greatly reduced and large areas left without a single

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 210 THE CHAPTER CONCERNING THE SHIPS WHICH ARE USED IN TARNASSARI.

These people make use of very large ships and of various kinds, some of which are made flat bottomed, because such can enter into places where there is not much water. Another kind are made with prows before and behind, and they carry two helms and two masts, and are uncovered. There is also mother kind of large ship which is called Giunchi and each of these is of the tonnage of one thousand butts, on which they carry some little vessels to a city called Melacha and from thence they go with these little vessels for small spices to a place which you shall know when the proper time comes.

THE CHAPTER CONCERNING THE CITY OF BANGHELLA, AND OF ITS DISTANCE FROM TARNASSARI.

Let us return to my companion, for he and I had a desire to see farther on. After we had been some days in this said city, and being, indeed, tired of that same service of whichyou have heard above, and having sold some of our merchandise we took the route towards the city of Banghella, Gour was undoubtedly the capital of Bengal at this period, but it appears that the name of tho province was very commonly applied to the city, more especially by foreigners. The following is from Barbosa:— "Beyond the Ganges, onward towards the East, is the kingdom of Bengala, wherein there are many places and cities, as well inland as on the sea-coast. Those in the interior are inhabited by Gentiles, who are subject to the king of Bengala, who is a Moor; and the stations on the coast are full of Moors and Gentiles, among whom are many merchants and traders to all parts. For this sea forms a gulf which bends towards the north, at the head of which is situated a great city inhabited by Moors, which is celled Bengala." (, vol. i. p. 330.) In 1537, during the viceroyalty of Nunno de Cunna, when the Portuguese first attempted to establish a fort in Bengal, "Gowro, the capital city, extended three leagues in length along the Ganges, and contained 1,200,000 families." (, vol. i. p. 84.) In Ralph Fitch's time, 1583–1591, Tanda appears to have succeeded Gour as the capital of the kingdom, which had then become tributary to the Moghul Emperor:— "From Patanau [Patna] I want to Tanda, which is in the land of Gouren. It hath in times past been a kingdom, but is now subdued by Zelabdim Echebar [Jalâl ed-Dîn, Akbar.] Great trade and traffic is here of cotton and cloth of cotton...It standeth in the country of Bengala...Tanda standeth from the Ganges a league, because in times past the river flowing over the banks in time of rain drowned the country and many villages, and so they remain. And the old way which the river Ganges was wont to run remaineth dry, which is the occasion that the city standeth so far from the water." (, ix. p. 414.) I conclude, therefore, that Mandelslo errs in enumerating Bengal as a city of that province distinct from Gour and '1'anda. He says: "En tirant vers le septentrional on trouve le royaume de Bengala, qui donne le nom au golfe que les ancicns appellent Sinus Gangeticus...0n trouve plusieurs belles villes dans ce royaume, comme sont celles de Gouro,d'Ougely, de Chatigan, de Bengala, de Tanda, de Daca, de Patana, de Banares, d'Elsabas, et de Ragmehela." (Voyages, p. 290.) The following is from Major Rannell on this subject:— "Gour, called also Lucknouti, the ancient capital of Bengal, and supposed to be the Gangia regia of Ptolemy, stood on the left bank of the Ganges, about twenty-five miles below Rajemal. It was the capital of Bengal 730 years B.C., and was repaired and beautified by Homayoon, who gave it the name of Jennuteabad, which name a part of the circar, in which it was situated, still bears. According to Ferishta's account, the unwholesomeness of its air occasioned it to be deserted soon after, and the seat of government was removed to Tandah or Tanrah, a few miles higher up the river. No part of the site of ancient Gour is nearer to the present bank of the Ganges than four miles and a half, and some parts of it which were regularly washed by that river are now twelve miles from it." ''Mem. of a Map of Hindostan, quoted in Hist of Bengal'', p. 44.


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 inhabitant. By right of conquest Chaka became undisputed master of the country.

Such was the situation when the first British settlement was made in Natal. In 1823 Francis George Farewell, formerly a lieutenant in the British navy, with other merchants of Cape Town, formed a company to trade with the natives of the south-east coast. In the brig “Salisbury,” commanded by James S. King, who had been a midshipman in the navy, Farewell visited Port Natal, St Lucia and Delagoa Bays. The voyage was not successful as a trading venture, but Farewell was so impressed with the possibilities of Natal both for trade and colonization that he resolved to establish himself at the port. He went thither with ten companions, among them Henry Francis Fynn. All the rest save Farewell and Fynn speedily repented of their adventure and returned to the Cape, but the two who remained were joined by three sailors, John Cane, Henry Ogle and Thomas Holstead, a lad. Farewell, Fynn and the others went to the royal kraal of Chaka, and, having cured him of a wound and made him various presents, obtained a document, dated the 7th of August 1824, ceding to “F. G. Farewell & Company entire and full possession in perpetuity” of a tract of land including “the port or harbour of Natal.” On the 27th of the same month Farewell hoisted the

Union Jack at the port and declared the territory he had acquired a British possession. In 1825 he was joined by King, who had meantime visited England and had obtained from the government a letter of recommendation to Lord Charles Somerset, governor of the Cape, granting King permission to settle at Natal. Farewell, King and Fynn made independent settlements at various parts of the bay, where a few Amatuli still lingered. They lived, practically, as Kaffir chiefs, trading with Chaka and gathering round them many refugees from that monarch’s tyranny. Early in 1828 King, accompanied by two of Chaka’s indunas, voyaged in the “Elizabeth and Susan,” a small schooner built by the settlers, to Port Elizabeth. He appears to have been coldly received by the authorities, who were even unable to ascertain the nature of Chaka’s embassy. Soon after his return to Natal King died, and in the same month (September 1828) Chaka was murdered by his brother Dingaan. In the December following Farewell went in the “Elizabeth and Susan” to Port Elizabeth. On this occasion the authorities were more hostile than before to the Natal pioneers, for they confiscated the schooner on the ground that it was unregistered and that it came from a foreign port. Farewell was not daunted, and in September 1829 set out to return overland to Port Natal. He was, however, murdered in Pondoland by a chief who was at enmity with the Zulus. Fynn thus became leader of the whites at the port, who were much at the mercy of Dingaan. In 1831 that chief raided their settlements, the whites all fleeing south of the Umzimkulu; but at Dingaan’s invitation they soon returned. Dingaan declared Fynn his representative and “great chief of the Natal Kaffirs.” In 1834, however, Fynn accepted a post under the Cape government and did not return to Natal for many years. It was in this year that a petition from Cape Town merchants asking for the creation of a British colony at Natal was met by the statement that the Cape finances would not permit the establishment of a new dependency. The merchants, however, despatched an expedition under Dr Andrew Smith to inquire into the possibilities of the country, and the favourable nature of his report induced a party of Dutch farmers under Piet Uys to go thither also. Both Dr Smith and Uys travelled overland through Kaffraria, and were well received by the English living at the bay. The next step was taken by the settlers at the port, who in 1835 resolved to lay out a town, which they named Durban, after Sir Benjamin d’Urban, then governor of Cape Colony. At the same time the settlers, who numbered about 50, sent a memorial to the governor calling attention to the fact that they were acknowledged rulers over a large tract of territory south of the Tugela, and asking that this territory should be proclaimed a British colony under the name of Victoria and that a governor and council be appointed. To all these requests no official answer was returned. The settlers had been joined in the year named (1835) by Captain Gardiner, a naval officer, whose chief object was the evangelization of the natives. With the support of the traders he founded a mission station on the hill overlooking the bay. In 1837 Gardiner was given authority by the British government to exercise jurisdiction over the traders. They, however, refused to acknowledge Gardiner’s authority, and from the Cape government he received no support. It was not until their hand was forced by the occupation of the interior by Dutch farmers that the Cape authorities at length intervened.

The British settlers had, characteristically, reached Natal mainly by way of the sea; the new tide of immigration was by land—the voortrekkers streamed through the passes of the Drakensberg, bringing with them their wives and children and vast herds of cattle. The reasons which caused the exodus from the Cape are discussed elsewhere

(see and ), here it is only necessary to point out that those emigrants who entered Natal shared with those who settled elsewhere an intense desire to be free from British control. The first emigrant Boers to enter the country were led by Pieter Retief (c. 1780–1838), a man of Huguenot descent and of marked ability, who had formerly lived on the eastern frontier of Cape Colony and had suffered severely in the Kaffir wars. Passing through the almost deserted upper regions Retief arrived at the bay in October 1837. He went thence to Dingaan’s kraal with the object of securing a formal cession of territory to the Dutch farmers. Dingaan consented on condition that the Boers recovered for him certain cattle stolen by another chief; this task Retief accomplished, and with the help of the Rev. F. Owen, a missionary then living at Dingaan’s kraal, a deed of cession was drawn up in English and signed by Dingaan and Retief on the 4th of February 1838. Two days after the signature of the deed Retief and all of his party, 66 whites, besides Hottentot servants, were treacherously murdered by Dingaan’s orders. The Zulu king then commanded his impis to kill all the Boers who had entered Natal. The Zulu forces crossed the Tugela the same day, and the most advanced parties of the Boers were massacred, many at a spot near where the town of Weenen now stands, its name (meaning wailing or weeping) commemorating the event. Other of the farmers hastily laagered and were able to repulse the Zulu attacks; the assailants suffering serious loss at a fight near the Bushman’s river. Nevertheless in one week after the murder of Retief 600 Boers—men, women and children—had been killed by the Zulus. The English settlers at the bay, hearing of the attack on the Boers, determined to make a diversion in their favour, and some 20 men under the command of R. Biggar and with a following of 700 friendly Zulus crossed the Tugela near its mouth. In a desperate fight (April 17) with a strong force of the enemy the English were overwhelmed and only four Europeans escaped to the bay. Pursued by the Zulus, all the surviving inhabitants of Durban were compelled for a time to take refuge on a ship then in harbour. After the Zulus retired, less than a dozen Englishmen returned to live at the port; the missionaries, hunters and other traders returned to the Cape. Meantime the Boers, who had repelled the Zulu attacks on their laagers, had been joined by others from the Drakensberg, and about 400 men under Hendrik Potgieter and Piet Uys advanced to attack Dingaan. On the 11th of April, however, they fell into a trap laid by the Zulus and with difficulty cut their way out. Among those slain were Piet Uys and his son Dirk, aged 15, who rode by his side. The Boer farmers were now in a miserable plight, but towards the end of the year they received reinforcements, and in December 460 men set out under Andries Pretorius to avenge themselves on the Zulus. On Sunday the 16th of December, while laagered near the Umslatos river, they were attacked by over 10,000 Zulus. The Boers had firearms, the Zulus their assegais only, and after a three hours’ fight the Zulus were totally defeated, losing thousands killed, while the farmers’ casualties were under

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 December 22nd 1868

Sir,

I have the honor to Report that I recommenced my Excavations of Ephesus on the 29th of October, and have continued them without intermission up to the present time. I have had great difficulty in attaining the number of labourers I wished to employ and have only succeeded hitherto in getting together about 30 men. The cause of this difficulty is the utter prostration of the labouring classes by the annually unhealthy season. I have myself been laid up with fever for 10 days since I commenced my work here, and I have had as many as 5 men ill at the same time.

Notwithstanding these drawbacks, and difficulties, I have succeeded in opening up and exploring more than 1000 feet of the way leading northward from the Magnesian Gates, along the whole length of which I have found the pieces of the Portico


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Pierre and Luce

Contents

 * Chapter I
 * Chapter II
 * Chapter III
 * Chapter IV
 * Chapter V
 * Chapter VI
 * Chapter VII
 * Chapter VIII
 * Chapter IX
 * Chapter X
 * Chapter XI
 * Chapter XII
 * Chapter XIII
 * Chapter XIV
 * Chapter XV
 * Chapter XVI

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 which, I presume, may be that built by Damianus, as described by Philostratus. This Portico has fairly led me on to the Ground demonstrated on the Plan submitted to the Trustees, as that upon which the Temple of Diana might have stood. For a distance of more than 700 feet of the way at present opened up, there is a continuous line of tombs and sarcophagi which appear to have been substituted for the pieces of the Portico for a considerable length on the East side while those on the West side remain intact sarcophagi being placed between them.

The original pavement of the road is about 11 feet below the present surface for about 600 feet. The accumulation is chiefly owing to the repairing and making good of the road for many centuries after its original formation as I find it made up to contain 3 feet of the present surface, to cut through this has in many places been a work of time and hard labour. I have been careful to clear only the eastern or outer side of the way leaving the gaps unexplored wide enough to admit of a road sticking


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 out eastward which might lead to the Temple. Most of the tombs laid bare have inscribed tablets and about 20 sarcophagi have been discovered, all of which are inscribed, copies of the most interesting of these inscriptions I herewith forward you, and I should feel obliged if you will inform me which of the tablets you would wish me to remove and put in store for the Museum.

I will not fail to report immediately anything interesting that may occur in the course of any explorations, or any discovery which may seem likely to clear up the question as to the site of the Temple. My whole force is employed in this particular work agreeable to my written instructions.

 * I have the honor to be
 * Sir,
 * Your obedient Servant
 * J. T. Wood

John Winter Jones Esqu
 * Principal Librarian
 * British Museum
 * London


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397–430]

Without dispute. And now, my sovereign lord,

According to thy pleasure, thine own self

Examine and convict her. For my part

I have good right to be away and free

From the bad business I am come upon.

. This maiden!

How came she in thy charge? Where didst thou find her?

. Burying the prince. One word hath told thee all.

. Hasty thou thy wits, and knowest thou what thou sayest?

. I saw her burying him whom you forbade

To bury. Is that, now, clearly spoken, or no?

. And how was she detected. caught, and taken?

. It fell in this wise. We were come to the spot,

Bearing the dreadful burden of thy threats;

And first with care we swept the dust away

From round the corse, and laid the dank limbs bare:

Then sate below the hill-top, out o’ the wind,

Where no bad odour from the dead might strike us,

Stirring each other on with interchange

Of loud revilings on the negligent

In ’tendance on this duty. So we stayed

Till in mid heaven the sun’s resplendent orb

Stood high, and the heat strengthened. Suddenly,

The Storm-god raised a whirlwind from the ground,

Vexing heaven’s concave, and filled all the plain,

Rending the locks of all the orchard groves,

Till the great sky was choked withal. We closed

Our lips and eyes, and bore the God-sent evil.

When after a long while this ceased, the maid

Was seen, and wailed in high and bitter key,

Like some despairing bird that hath espied

Her nest all desolate, the nestlings gone.

So, when she saw the body bare, she mourned

Loudly, and cursed the authors of this deed.

Then nimbly with her hands she brought dry dust,

And holding high a shapely brazen cruse,


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Author:John Turtle Wood

Works

 * Letter from John Turtle Wood to John Winter Jones, 22nd December 1868 (1868)
 * Modern discoveries on the site of ancient Ephesus (1890) Religious Tract Society,
 * Discoveries at Ephesus: Including the site and remains of the great temple of Diana (1877) Longmans, Green,

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16

Poured three libations, honouring the dead.

We, when we saw, ran in, and straightway seized

Our quarry, nought dismayed, and charged her with

The former crime and this. And she denied

Nothing;—to my delight, and to my grief.

One’s self to escape disaster is great joy;

Yet to have drawn a friend into distress

Is painful. But mine own security

To me is of more value than aught else.

. Thou, with thine eyes down-fastened to the earth!

Dost thou confess to have done this, or deny it

. I deny nothing. I avow the deed.

. (to Watchman). Thou may’st betake thyself whither thou wilt,

Acquitted of the grievous charge, and free.

(To ) And thou,—no prating talk, but briefly tell,

Knew’st thou our edict that forbade this thing?

. I could not fail to know. You made it plain.

. How durst thou then transgress the published law?

. I heard it not from Heaven. nor came it forth

From Justice, where she reigns with Gods below.

They too have published to mankind a law.

Nor thought I thy commandment of such might

That one who is mortal thus could overbear

The infallible, unwritten laws of Heaven.

Not now or yesterday they have their being,

But everlastingly, and none can tell

The hour that saw their birth. I would not, I,

For any terror of a man’s resolve,

Incur the God-inflicted penalty

Of doing them wrong. That death would come, I knew

Without thine edict;—if before the time,

I count it gain. Who does not gain by death,

That lives, as I do, amid boundless woe?

Slight is the sorrow of such doom to me.

But had I suffered my own mother’s child,

Fallen in blood, to be without a grave,


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HE Pyrenees stand up as a natural wall of demarcation between two nations, the French and the Spaniards, just as the mountains of Dauphiné sever the French from the Italians. It has been remarked that these natural barriers are thrown up to part Romance-speaking peoples, whereas the mountain ranges sink to comparative insignificance between the French and the Germans. Over the Jura the French tongue has flowed up the Rhone to Sierre, above the Lake of Geneva, so the Spanish or Catalan has overleaped the Pyrenees in Roussillon, and the Basque tongue has those who speak it in both cis-Pyrenean and trans-Pyrenean Navarre. The Pyrenees are the upcurled lips of the huge limestone sea-bed, that at some vastly remote period was snapped from east to west, and through the fissure thus

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2 formed the granite was thrust, Lifting along with it the sedimentary rocks. Consequently the Pyrenees consist of from two to three parallel chains. The central and loftiest is that of granite, but where loftiest is hidden on the north side by the upturned reef of limestone. On the south the calcareous bed is lifted in great slabs, but split, and does not form so ragged and so lofty a range. The Pyrenees start steeply out of the Mediterranean, which at a distance of five-and-twenty miles from Cape Creuse, has a depth of over 500 fathoms, and there the limestone flares white and bald in the line of the Albères. But to the west the chain does not drop abruptly into the Atlantic, but trails away for 300 miles, forming the Asturian mountains, and then, curving south, serves to part Galicia from Leon. The range of the Pyrenees dividing France from Spain is 350 miles in length.

The chain to the west wears a different aspect from that in the east. The Basque mountains are clothed with trees, pines and birch, walnut and chestnut, and above them are turf and heather. But the eastern extremity is white and barren. This is due to the fact that the Western Pyrenees catch and condense the vapours from the Atlantic, whereas the Oriental Pyrenees do not draw to them heavy and continuous rains. The boundary between the regions and climates is Mont Carlitte. In the Western Pyrenees the snow line lies far lower than in the east. On the former of these glaciers hang in wreaths, whereas there are none in the east. The contrast between the northern and southern slopes is even more marked than that between the extremities of the chain. On the French side are snow, ice, running streams,

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Rh fertile vales, luxuriant meadows and forests, and valleys and hillsides that sparkle with villages smiling in prosperity. But on the southern slope the eye ranges over barren rocks, sunbaked, scanty pastures, and here and there at long intervals occur squalid clusters of stone hovels, scarce fit to shelter goats, yet serving as human habitations. To the mountaineers the French side is bach, that in shadow; the Spanish is soulane, the sunny. At one time this latter slope was not as arid and desert as at present, but the thriftlessness of man has shorn down the forests and the teeth of the goats have nipped off or barked every seedling or sapling thrown up by nature to cover its nakedness and redress the evil. Thereby the rainfall has been diminished, and the soil is exposed to be carried away into the plain by every storm that breaks over the heights. Trees are the patient workers that reconstitute the flesh over the bones of the mountains. They derive their elements from the air and the rock, and they perform transformations far more wonderful than those attributed to the philosopher's stone. As Victor Hugo sang:—

Les arbres sont autant de mâchoires qui rongent Les aliments épars dans l'air souple et vivant; Ils dévorent la pluie, ils dévorent le vent. Tout leur est bon: la nuit, la mort. La pourriture Voit la rose, et lui va porter sa nourriture."

When the trees disappear from a country it shows the thriftlessness of the inhabitants—"sufficient unto the day is the evil thereof"; with the axe and the firebrand they destroy in a day what it will take centuries to replace. Two non-French races occupy the extremities of the chain and the lowlands at its feet. In the Basses Pyrénées are

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4 the Basques, in Pyrénées Orientales are the Catalonians, speaking a dialect of the Spanish of Barcelona. The whole of Aquitaine, from the Loire to the Pyrenees, the whole of Western Spain and Portugal, was once occupied by the Iberians, of whom the Basques are the shrunken residue. All Eastern France and Eastern Spain were overflowed by the Celts. The Romans recognized that Spain was in the possession of two races totally distinct, ethnographically and linguistically, and they termed the population of the peninsula Celtiberians. When the Romans arrived on the scene they carried one main causeway from Aries to Narbonne, and thence to Toulouse, and from Toulouse to Dax. From this, roads branched to the south and crossed the Pyrenees into Spain by three gaps, natural doorways—one to the east, the easiest of all, by Le Perthus, where Pompey set up a trophy; one by Somport leading from Iluro (Oloron) to Saragossa; a third by Roncevaux to Pampeluna. By the first of these ports Hannibal crossed from Spain on his way to Italy; by it also poured the Saracens to devastate the fields of Gaul. By Roncevaux Charles the Great passed to menace the Saracen power, and on his return met there with disaster at the hands of the Basques, which has been immortalized in song. East and west were debatable lands. Navarre sat astride on the ridge, with a foot in Spain and the other in Gascony. To the east was Roussillon, that pertained to the kings of Aragon, till ceded definitely to France in 1659. But to revert to the geological structure of the Pyrenees. The central chain is, as already said, composed of crystalline rocks, granite, and micaceous schist, whereas the northern chain exhibits the upturned beds of superincumbent deposits,

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Rh and on the Spanish side the limestone lies on the granite. In the department of Haute Garonne the chains are soldered together by a transverse bar of mountain. J. H. Michon, author of Le Maudit, says well:—

"These mountains reveal to me almost the entire history of the successive periods in the terrestrial crust. I have but to follow the torrent of the Arbouste, and mount to the Lac de Seculéjo, and push farther to the Pic d'Espingo, to find myself on the crest of the ridge dividing France from Spain. Often at these altitudes, reaching to 3000 metres above the sea, the prodigious force which has rent the terrestrial crust in a fault of eighty leagues in breadth, which has upheaved, as in the Marboré, enormous masses of limestone that once formed the basin of seas succeeding each other at different epochs—often has this phenomenon filled me with amazement. There in the Marboré lie the beds, retaining their horizontality, as though the aqueous deposits had been formed at this great elevation. "But more commonly the central chain presents to our view masses of granite of astounding thickness. What a terrible cataclysm must that have been which thus reft and upset the globe, changing an extensive plain long submerged into a gigantic wall of granite shielded right and left with encasing masses of sedimentary formations which the upheaved granite has split and displaced in all directions."

To the north of the Pyrenees lies a deep trough extending from the Bay of Biscay to the Corbières that links the Pyrenees to the Cevennes, and which at the present day forms the watershed between the Mediterranean and the Atlantic. This gulf was gradually silted up by the torrents from the Pyrenees. Masses of rubble may be seen backing and capping isolated hills of sandstone, and forming long ridges, as that of the Park at Pau. The drift was from east to west. All the low hills are crowned with rolled stones. The boulders

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 Rh which is distant from Tarnassari seven hundred miles, at which we arrived in eleven days by sea. This city was one of the best that I hed hitherto seen, and has a very greet realm. The sultan of this place is a Moor, and maintains two hundred thousand men for battle on foot and on horse; and they are all Mohammedans; and he is constantly at war

by Moors, which is celled Bengala." (, vol. i. p. 330.) In 1537, during the viceroyalty of Nunno de Cunna, when the Portuguese first attempted to establish a fort in Bengal, "Gowro, the capital city, extended three leagues in length along the Ganges, and contained 1,200,000 families." (, vol. i. p. 84.) In Ralph Fitch's time, 1583–1591, Tanda appears to have succeeded Gour as the capital of the kingdom, which had then become tributary to the Moghul Emperor:— "From Patanau [Patna] I want to Tanda, which is in the land of Gouren. It hath in times past been a kingdom, but is now subdued by Zelabdim Echebar [Jalâl ed-Dîn, Akbar.] Great trade and traffic is here of cotton and cloth of cotton...It standeth in the country of Bengala...Tanda standeth from the Ganges a league, because in times past the river flowing over the banks in time of rain drowned the country and many villages, and so they remain. And the old way which the river Ganges was wont to run remaineth dry, which is the occasion that the city standeth so far from the water." (, ix. p. 414.) I conclude, therefore, that Mandelslo errs in enumerating Bengal as a city of that province distinct from Gour and '1'anda. He says: "En tirant vers le septentrional on trouve le royaume de Bengala, qui donne le nom au golfe que les ancicns appellent Sinus Gangeticus...0n trouve plusieurs belles villes dans ce royaume, comme sont celles de Gouro,d'Ougely, de Chatigan, de Bengala, de Tanda, de Daca, de Patana, de Banares, d'Elsabas, et de Ragmehela." (Voyages, p. 290.) The following is from Major Rannell on this subject:— "Gour, called also Lucknouti, the ancient capital of Bengal, and supposed to be the Gangia regia of Ptolemy, stood on the left bank of the Ganges, about twenty-five miles below Rajemal. It was the capital of Bengal 730 years B.C., and was repaired and beautified by Homayoon, who gave it the name of Jennuteabad, which name a part of the circar, in which it was situated, still bears. According to Ferishta's account, the unwholesomeness of its air occasioned it to be deserted soon after, and the seat of government was removed to Tandah or Tanrah, a few miles higher up the river. No part of the site of ancient Gour is nearer to the present bank of the Ganges than four miles and a half, and some parts of it which were regularly washed by that river are now twelve miles from it." Mem. of a Map of Hindostan, quoted in Hist of Bengal, p. 44. P 2


text:
Schultz v. Wheaton Glass Co.

Freedman, Seitz and Aldisert, Circuit Judges.

title: Schultz v. Wheaton Glass Co.


text:
Schultz v. Wheaton Glass Co./Opinion of the Court

[p261] FREEDMAN, C. J.:

This appeal presents important problems in the construction of the Equal Pay Act of 1963 (29 U.S.C. § 206(d)), which was added as an amendment to the Fair Labor Standards Act of 1938 (29 U.S.C. §§ 201 et seq.).

The Equal Pay Act prohibits an employer from discriminating "between employees on the basis of sex by paying wages to employees . . . at a rate less than the rate at which he pays wages to employees of the opposite sex . . . for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to . . . (iv) a differential based on any other factor other than sex . . . ."

Invoking the enforcement provisions of the Fair Labor Standards Act the Secretary of Labor brought this action against Wheaton Glass Co., claiming that it discriminated against its "female selector-packers" on the basis of sex by paying them at an hourly rate of $2.14, which is 10% less than the $2.355 rate it pays to its "male selector-packers." The Secretary sought an injunction against future violations and the recovery of back pay for past violations. The company denied that the female selector-packers perform equal work within the terms of the Act and claimed that in any event the 10% pay differential is within exception (iv) of the Act because it is based on a "factor other than sex."

After an extensive trial the district court entered judgment for the defendant, holding that the Secretary had failed to carry his burden of proving that the wage differential was based upon sex discrimination and that the company had discharged the burden of establishing the exception that the wage differential was based on a factor other than sex. Wirtz v. Wheaton Glass Co., 284 F. Supp. 23 (D.N.J. 1968). The Secretary has appealed.

The company is one of the largest manufacturers of glass containers in the United States. Its plant at Millville, New Jersey, which is here involved, is called a "job shop" plant and manufactures glass containers to special order. Unlike the usual modern plants in the [p262]  glass industry which make standard items in large quantities and employ automatic machinery, the company's job shop operation requires manual handling and visual inspection of the product.

Selector-packers are employed in the Bottle Inspection Department. They work at long tables and visually inspect the bottles for defects as they emerge on a conveyor from the oven, or "lehr." The defective products are discarded into waste containers. Those which meet the specifications are packed in cardboard cartons on a stand within arm's reach of the selector-packers and then lifted onto an adjacent conveyor or rollers and sent off to the Quality Control Department for further examination and processing. In the Bottle Inspection Department is another category of employees known as "snap-up boys," who crate and move bottles and generally function as handymen, sweeping and cleaning and performing other unskilled miscellaneous tasks. They are paid at the hourly rate of $2.16.

Prior to 1956, the company employed only male selector-packers. In that year, however, the shortage of available men in the Millville area forced the company to employ for the first time female selector-packers. On the insistence of the Glass Bottle Blowers Association of the United States and Canada, AFL-CIO, Local 219, with which the company had a collective bargaining agreement, there was, in the language of the district court, "carved out of the total job of selector-packer . . . a new role of female selector-packer." This new classification was written into the collective bargaining agreement, and pursuant to it female selector-packers were not to lift bulky cartons or cartons weighing more than 35 pounds. At the union's insistence a provision was added to the collective bargaining agreement that no male selector-packer was to be replaced by a female selector-packer except to fill a vacancy resulting from retirement, resignation, or dismissal for just cause.

On its face the record presents the incongruity that because male selector-packers spend a relatively small portion of their time doing the work of snap-up boys whose hourly rate of pay is $2.16, they are paid $2.355 per hour for their own work, while female selector-packers receive only $2.14. This immediately casts doubt on any contention that the difference in the work done by male and female selector-packers, which amounts substantially to what the snap-up boys do, is of itself enough to explain the difference in the rate of pay for male and female selector-packers on grounds other than sex.

The district court explored this difference in some detail. The court found that while male and female selector-packers perform substantially identical work at the ovens, the work of the male selector-packers is substantially different because they perform sixteen additional tasks. These consist of lifting packages weighing more than 35 pounds; lifting cartons which, regardless of weight, are bulky or difficult to handle; stacking full cartons; tying stacks of cartons; moving wooden pallets fully loaded with stacks of cartons; moving and placing empty pallets for later use; operating hand trucks near the ovens; positioning and adjusting portable roller conveyors and packing stands holding empty cartons for filling; collecting dump trays and tubs of rejected glassware; sweeping and cleaning work areas near the ovens; fitting and attaching metal clips to glass containers at the ovens; unjamming overhead [p263]  carton conveyors and automatic belts; occasionally reinspecting, repacking and restacking glassware already delivered to the premises of customers; locating glassware in the warehouse, at times involving climbing over palletized cartons; and voluntarily working, when necessary, in excess of ten hours per day or of 54 hours per week. The district court also found that the training period for men was six months, whereas the training period for women was three months.

The district court pointed to evidence submitted by the company that the male selector-packers spent an average of approximately 18 percent of their total time on this work, which was forbidden to women. It made no finding, however, that this was a fact, nor did it make any finding as to what percentage of time was spent by male selector-packers either on the average or individually in performing this different work. Indeed, it made no finding that all male selector-packers performed this extra work, but only that the extra work when not performed by snap-up boys was done by male selector-packers. There is, therefore, no basis for an assumption that all male selector-packers performed any or all of these 16 additional tasks.

Even if there had been a finding that all the male selector-packers performed all of the 16 additional tasks and that these consumed a substantial amount of their time, there would still be lacking an adequate basis for the differential in wages paid to male and female selector-packers. For there would be no rational explanation why men who at times perform work paying two cents per hour more than their female counterparts should for that reason receive 21 1/2 cents per hour more than females for the work they do in common.

The district court, therefore, placed its conclusion on a factor of "flexibility." The company's job shop requires frequent shutdowns of the ovens when a customer's order is completed and before the run of a new order is begun. During such shutdowns the idled female selector-packers are assigned to what is known as the "Resort" area, where they inspect and pack glassware rejected by the Quality Control Inspection Department. Idled male selector-packers are similarly reassigned to the Resort area, but some of them are assigned to do work which otherwise would be done by snap-up boys.

The district court found that this availability of male selector-packers to perform the work of snap-up boys during shutdowns was an element of flexibility and deemed it to be of economic value to the company in the operation of its unique, customized plant. It is on this element of flexibility that the judgment of the district court ultimately rests.

Under the collective bargaining agreement the company could at any time assign selector-packers to perform the work of snap-up boys, although they would continue to receive their regular rate of pay. While this explains why male selector-packers would not have their pay reduced in performing work of snap-up boys, it does not run the other way and explain why their performance of the work of snap-up boys who receive only two cents per hour more than female selector-packers justifies their being paid 21 1/2 cents per hour more than female selector-packers for performing selector-packer work.

Whatever difference may exist in the total work of male and female selector-packers [p264] because men also perform work of snap-up boys does not justify a class wage differential in the absence of any finding regarding the number of male selector-packers who perform or are available for the work of snap-up boys. While all male selector-packers receive the higher rate of pay, there is no finding that all of them are either available for or actually perform snap-up boys' work.

An even more serious imperfection in the claim of flexibility is the absence, as we have already indicated, of any finding or explanation why availability of men to perform work which pays two cents per hour more than women receive should result in overall payment to men of 21 1/2 cents more than women for their common work. A 10% wage differential is not automatically justified by showing that some advantage exists to the employer because of a flexibility whose extent and economic value is neither measured nor determined and which is attained by the performance of work carrying a much lower rate of pay. In short, there is no finding of the economic value of the element of flexibility on which the district court justified the 10% discrimination in pay rate between male and female selector-packers.

There is, moreover, an additional element of significance with which the district court did not deal. Just as it has not been made clear by any finding that all male selector-packers perform or are available for the work of snap-up boys, so there is an abscence of any finding on the ability of any female selector-packers to perform the work of snap-up boys. The fact that some female selector-packers, unlike some male selector-packers, may have been unwilling or unable to do the work of snap-up boys might justify a wage differential between them. But it would still leave open the question why the company did not include under its flexibility requirement the female selector-packers who are both able and willing to do the work of snap-up boys. There may have been some male selector-packers who were unwilling or even incompetent to do the work of snap-up boys. Yet because some of the class was willing and available to do the work of snap-up boys, all of the class received 21 1/2 cents per hour more than all females, including those who might have been willing and able to do the work of snap-up boys when it was required.

These disparities in rates of pay under which snap-up boys performing physical labor receive a higher rate than female selector-packers while male selector-packers receive a much higher rate because they are available also to do some of the work of snap-up boys, take on an even more discriminatory aspect when viewed in the light of their history. For as the district court indicated, the classification of female selector-packers at the lowest rate of pay of these three categories was made at a time of labor shortage when the company was forced to hire women and the union insisted on conditions which would minimize their future competition against the men with whom they would now be working. The motive, therefore, clearly appears to have been to keep women in a subordinate role rather than to confer flexibility on the company and to emphasize this subordination by both the 10% differential between male and female selector-packers and the two cents difference between snap-up boys and female selector-packers.

The effect of such a motive and the evaluation of the distinction in the work done by male and female selector-packers requires us to turn to the construction of the Equal Pay Act of 1963. The Act was the culmination of many years of striving to eliminate discrimination in pay because of sex. Similar bills were before Congress for many years before the Act ultimately was adopted, and in its final form it bears evidence of the competing tendencies which surrounded its birth. There are problems of construction which leap up from the reading of its language. It has not been authoritatively construed by the Supreme Court and a study of its legislative history [p265]  and the bills which preceded it yields little guidance in the construction of its provisions in concrete circumstances.

In adopting the Act, Congress chose to specify equal pay for "equal" work. In doing so, Congress was well aware of the experience of the National War Labor Board during World War II and its regulations requiring equal pay for " "comparable" work. The National War Labor Board made job evaluations to determine whether inequities existed within a plant even between dissimilar occupations. Since Congress was aware of the Board's policy and chose to require equal pay for "equal" rather than "comparable" work, it is clear that the references in the legislative history to the Board's regulations were only to show the feasibility of administering a federal equal pay policy and do not warrant use of the Board's decisions as guiding principles for the construction of the Equal Pay Act.

On the other hand, Congress in prescribing "equal" work did not require that the jobs be identical, but only that they must be substantially equal. Any other interpretation would destroy the remedial purposes of the Act.

The Act was intended as a broad charter of women's rights in the economic field. It sought to overcome the age-old belief in women's inferiority and to eliminate the depressing effects on living standards of reduced wages for female workers and the economic and social consequences which flow from it.

Differences in job classifications were in general expected to be beyond the coverage of the Equal Pay Act. This was because in the case of genuine job classifications the differences in work necessarily would be substantial and the differences in compensation therefore would be based on the differences in work which justified them. Congress never intended, however, that an artificially created job classification which did not substantially differ from the genuine one could provide an escape for an employer from the operation of the Equal Pay Act. This would be too [p266]  wide a door through which the content of the Act would disappear.

This view is strengthened by the subsequent adoption of Title VII of the Civil Rights Act of 1964 which prohibits discrimination because of sex in the classification of employees as well as in their employment and compensation. Although the Civil Rights Act is much broader than the Equal Pay Act, its provisions regarding discrimination based on sex are in pari materia with the Equal Pay Act. This is recognized in the provision of § 703(h) of the Civil Rights Act (42 U.S.C. § 2000e-2(h)) that an employer's differentiation upon the basis of sex in determining wages or compensation shall not be an unlawful employment practice under the Civil Rights Act if the differentiation is authorized by the Equal Pay Act. Since both statutes serve the same fundamental purpose against discrimination based on sex, the Equal Pay Act may not be construed in a manner which by virtue of § 703(h) would undermine the Civil Rights Act.

It is not necessary here, however, to delineate the precise manner in which these two statutes must be harmonized to work together in service of the underlying Congressional objective. For even if the Civil Rights Act is put aside, the Equal Pay Act alone does not permit artificial classification to prevent inquiry whether there exists a difference in pay for substantially equal work.

The district court held that the Secretary failed to carry his burden of proof that the company's wage differential is based on sex discrimination. In view of the facts which the district court found, we hold this conclusion to be erroneous. The Secretary met his burden of proof when he showed that male selector-packers received a pay rate 10% higher than female selector-packers although both performed identical work and that the additional work of snap-up boys which male selector-packers also performed was work which carried virtually the same rate of pay as that done by women. When to these circumstances are added the origin of the classification of female selector-packers and their reduced pay even below that paid to snap-up boys, the Secretary clearly established his prima facie case that the wage differential was based on sex and therefore discriminated against women.

Under the statute, the burden of proof thereupon fell on the company to prove its claim that it came within exception (iv). This burden the district court held the company had successfully met.

There is no finding, nor indeed evidence in the record on which a finding could be based, of the economic value of the labor of snap-up boys performed by male selector-packers. Nor is there any finding or evidence from which adequate findings could be made to support the claim that flexibility justifies the 10% [p267]  wage differential. There are no detailed studies, records or testimony showing the extent of the closing down of the ovens or of the amount of savings which the company effected by being able to use male selector-packers to help out in the work of snap-up boys. More significantly, there is nothing in the record to show the amount of any such savings or that the element of flexibility bore any relation to the 10% wage differential between male and female selector-packers. Nor are there any findings that all members of the class of male selector-packers were able and available to do the work of snap-up boys whereas no members of the class of female selector-packers were so available.

The burden of showing this properly rested on the company, for it invoked the defense that the differential was based on a factor other than sex. In cases such as this, where the justification for the differential rests on economic benefit, the company has peculiarly within its knowledge the means of proof, and the burden therefore is one which cannot be satisfied by general or conclusory assertions.

The district court held that the company met its burden of proving that it came within the exception because "the acceptable proof demonstrates that the defendant's disparity in wages is based upon factors other than sex . . . ." It also stated that "substantial differences exist, in fact, in the full job cycles between the sexes, thereby justifying the disparity in their wages." These, however, are statements of ultimate conclusions for which there is no adequate support either in findings of fact or in the record.

We are, of course, bound by findings of fact unless they are clearly erroneous. Federal Rule of Civil Procedure 52(a). See Speyer, Inc. v. Humble Oil and Refining Co., 403 F.2d 766, 770 (3 Cir. 1968). We are not, however, bound by evidence which has not reached the status of a finding of fact, nor by conclusions which are but legal inferences from facts. Baumgartner v. United States, 322 U.S. 665, 670-71, 88 L. Ed. 1525, 64 S.C.t. 1240 (1944); Lehmann v. Acheson, 206 F.2d 592, 594 (3 Cir. 1953); and cases cited 2B Barron & Holtzoff, Federal Practice and Procedure § 1137, n. 12 (Wright ed. 1961).

Since the Secretary established his prima facie case and the company failed to prove that the discrimination in wages paid to female selector-packers was based on any factor other than sex, the claim of the Secretary was established and an appropriate judgment should have been entered in his favor.

The judgment of the district court, therefore, will be reversed with direction to enter an appropriate judgment in favor of plaintiff.


text: Index:Works of Jules Verne - Parke - Vol 5.djvu


text: Talk:Schultz v. Wheaton Glass Co.

title: Talk:Schultz v. Wheaton Glass Co.


text:
Author talk:J. H. Thorpe

Attempts to identify
I have created Author:J. H. Thorpe since it was needed. Nothing to go on except the list of articles, nonconformist religious folk where I have looked. Charles Matthews (talk) 10:13, 26 January 2010 (UTC)
 * Quick search finds not at Cambridge nor Oxford. Nothing evident in some of the other sources that I check. Dunno is my short answer. billinghurst  sDrewth  11:43, 26 January 2010 (UTC)
 * I can offer John Henry Thorpe, vicar in Stockport, archdeacon of Macclesfield, father of John Henry Thorpe. He was of Irish background and a graduate of Trinity College, Dublin. May have died around 1919. Charles Matthews (talk) 09:14, 28 January 2010 (UTC)
 * Crockford's 1932
 * THORPE, John Henry, St. George's Vicarage, Stockport.—T.C.D. B.A. 1879, M.A. 1882, B.D. 1890. Hon C.F. 1921. d 1879, p 1880 Arm. V. of St. Geo. Stockport, Dio. Ches. 1896. F C. of Dundalk, Co. Louth, 1879-83; St. Luke, Cork, 1883-87; I. of St. Pet. Cork, 1887-92; V. of St. Saviour, Nottm. 1892-96; C.T.F. 1902-21; Pr. Dub, Univ. 1920; R.D. of Stockport 1911-22; Proc. Conv. York, 1917-22; Hon. Canon of Ches. 1917-24; V. of St. Geo. Stockport, Dio. Ches. from 1896. (P, Trustees; Eccles. Comm. 190l; Chief Rents 280l; Pew Rents 250l; e.o. 30l; Gross Inc. 750l and Ho; Pop. 12,778.) Chap. Stepping Hill Infirm. from 1908; Surr. from 1916; Archd. of Macclesfield from 1922. St. George's Vicarage, Stockport. (Tel. Stockport 2453.)
 * Anglican Essays, 1923
 * Also found obit in Jan 1932. Confirmed in death indices, 1932, aged 76, => born 1855.
 * To the proposal, in vol. 6 it doesn't say Rev which makes me suspicious, though, not conclusive either way. billinghurst  sDrewth  12:04, 29 January 2010 (UTC)
 * Young to be writing the Bs, but not impossibly so. Unclear. Charles Matthews (talk) 16:18, 29 January 2010 (UTC)

title: Author talk:J. H. Thorpe


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