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 made by the Kaffirs to surprise Graham’s Town, and 10,000 men attacked it, but they were repulsed by the garrison, which numbered not more than 320 men, infantry and artillery, under Lieut.-Colonel (afterwards General Sir) Thomas Willshire. In 1822 the town was chosen as the headquarters of the 4000 British immigrants who had reached Cape Colony in 1820. It has maintained its position as the most important inland town of the eastern part of the Cape province. In 1864 the Cape parliament met in Graham’s Town, the only instance of the legislature sitting elsewhere than in Cape Town. It is governed by a municipality. The rateable value in 1906 was £891,536 and the rate levied 2d. in the pound.

 GRAIL, THE HOLY, the famous talisman of Arthurian romance, the object of quest on the part of the knights of the Round Table. It is mainly, if not wholly, known to English readers through the medium of Malory’s translation of the French Quête du Saint Graal, where it is the cup or chalice of the Last Supper, in which the blood which flowed from the wounds of the crucified Saviour has been miraculously preserved. Students of the original romances are aware that there is in these texts an extraordinary diversity of statement as to the nature and origin of the Grail, and that it is extremely difficult to determine the precise value of these differing versions. Broadly speaking the Grail romances have been divided into two main classes: (1) those dealing with the search for the Grail, the Quest, and (2) those relating to its early history. These latter appear to be dependent on the former, for whereas we may have a Quest romance without any insistence on the previous history of the Grail, that history is never found without some allusion to the hero who is destined to bring the quest to its successful termination. The Quest versions again fall into three distinct classes, differentiated by the personality of the hero who is respectively Gawain, Perceval or Galahad. The most important and interesting group is that connected with Perceval, and he was regarded as the original Grail hero, Gawain being, as it were, his understudy. Recent discoveries, however, point to a different conclusion, and indicate that the Gawain stories represent an early tradition, and that we must seek in them rather than in the Perceval versions for indications as to the ultimate origin of the Grail.

The character of this talisman or relic varies greatly, as will be seen from the following summary.

1., included in the continuation to Chrétien’s Perceval by Wauchier de Denain, and attributed to Bleheris the Welshman, who is probably identical with the Bledhericus of Giraldus Cambrensis, and considerably earlier than Chrétien de Troyes. Here the Grail is a food-providing, self-acting talisman, the precise nature of which is not specified; it is designated as the “rich” Grail, and serves the king and his court sans serjant et sans seneschal, the butlers providing the guests with wine. In another version, given at an earlier point of the same continuation, but apparently deriving from a later source, the Grail is borne in procession by a weeping maiden, and is called the “holy” Grail, but no details as to its history or character are given. In a third version, that of Diu Crône, a long and confused romance, the origin of which has not been determined, the Grail appears as a reliquary, in which the Host is presented to the king, who once a year partakes alike of it and of the blood which flows from the lance. Another account is given in the prose Lancelot, but here Gawain has been deposed from his post as first hero of the court, and, as is to be expected from the treatment meted out to him in this romance, the visit ends in his complete discomfiture. The Grail is here surrounded with the atmosphere of awe and reverence familiar to us through the Quête, and is regarded as the chalice of the Last Supper. These are the Gawain versions.

2. —The most important Perceval text is the Conte del Grael, or Perceval le Galois of Chrétien de Troyes. Here the Grail is wrought of gold richly set with precious stones; it is carried in solemn procession, and the light issuing from it extinguishes that of the candles. What it is is not explained, but inasmuch as it is the vehicle in which is conveyed the Host on which the father of the Fisher king depends for nutriment, it seems not improbable that here, as in Diu Crône, it is to be understood as a reliquary. In the Parzival of Wolfram von Eschenbach, the ultimate source of which is identical with that of Chrétien, on the contrary, the Grail is represented as a precious stone, brought to earth by angels, and committed to the guardianship of the Grail king and his descendants. It is guarded by a body of chosen knights, or templars, and acts alike as a life and youth preserving talisman—no man may die within eight days of beholding it, and the maiden who bears it retains perennial youth—and an oracle choosing its own servants, and indicating whom the Grail king shall wed. The sole link with the Christian tradition is the statement that its virtue is renewed every Good Friday by the agency of a dove from heaven. The discrepancy between this and the other Grail romances is most startling.

In the short prose romance known as the “Didot” Perceval we have, for the first time, the whole history of the relic logically set forth. The Perceval forms the third and concluding section of a group of short romances, the two preceding being the Joseph of Arimathea and the Merlin. In the first we have the precise history of the Grail, how it was the dish of the Last Supper, confided by our Lord to the care of Joseph, whom he miraculously visited in the prison to which he had been committed by the Jews. It was subsequently given by Joseph to his brother-in-law Brons, whose grandson Perceval is destined to be the final winner and guardian of the relic. The Merlin forms the connecting thread between this definitely ecclesiastical romance and the chivalric atmosphere of Arthur’s court; and finally, in the Perceval, the hero, son of Alain and grandson to Brons, is warned by Merlin of the quest which awaits him and which he achieves after various adventures.

In the Perlesvaus the Grail is the same, but the working out of the scheme is much more complex; a son of Joseph of Arimathea, Josephe, is introduced, and we find a spiritual knighthood similar to that used so effectively in the Parzival.

3. —The Quête du Saint Graal, the only romance of which Galahad is the hero, is dependent on and a completion of the Lancelot development of the Arthurian cycle. Lancelot, as lover of Guinevere, could not be permitted to achieve so spiritual an emprise, yet as leading knight of Arthur’s court it was impossible to allow him to be surpassed by another. Hence the invention of Galahad, son to Lancelot by the Grail king’s daughter; predestined by his lineage to achieve the quest, foredoomed, the quest achieved, to vanish, a sacrifice to his father’s fame, which, enhanced by connexion with the Grail-winner, could not risk eclipse by his presence. Here the Grail, the chalice of the Last Supper, is at the same time, as in the Gawain stories, self-acting and food-supplying.

The last three romances unite, it will be seen, the quest and the early history. Introductory to the Galahad quest, and dealing only with the early history, is the Grand Saint Graal, a work of interminable length, based upon the Joseph of Arimathea, which has undergone numerous revisions and amplifications: its precise relation to the Lancelot, with which it has now much matter in common, is not easy to determine.

To be classed also under the head of early history are certain interpolations in the MSS. of the Perceval, where we find the Joseph tradition, but in a somewhat different form, e.g. he is said to have caused the Grail to be made for the purpose of receiving the holy blood. With this account is also connected the legend of the Volto Santo of Lucca, a crucifix said to have been carved by Nicodemus. In the conclusion to Chrétien’s poem, composed by Manessier some fifty years later, the Grail is said to have followed Joseph to Britain, how, is not explained.

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Rh Whether they were his lady's marriage-bells, Or prophets of them in his fantasy, I never ask'd: but Lionel and the girl Were wedded, and our Julian came again Back to his mother's house among the pines. But these, their gloom, the mountains and the Bay, The whole land weigh'd him down as Ætna does The Giant of Mythology: he would go, Would leave the land for ever, and had gone Surely, but for a whisper, 'Go not yet,' Some warning—sent divinely—as it seem'd By that which follow'd—but of this I deem As of the visions that he told—the event Glanced back upon them in his after life, And partly made them—tho' he knew it not.

And thus he stay'd and would not look at her— No not for months: but, when the eleventh moon

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6 the whole of the peninsula from the river Parret to Land's End. East of the Tamar was Dyfnaint, the Deep Vales; west of it Corneu, the horn of Britain.

The Dumnonii are thought to have invaded and occupied this territory about four centuries before the Christian era. The language of the previous dusky race was agglutinative, like that of the Tartars and Basques, that is to say, they did not inflect their substantives. Although there has been a vast influx of other blood, with fair hair and white complexions, the earlier type may still be found in both Devon and Cornwall.

Then came the Roman invasion; this affected our Dumnonian peninsula very slightly; Cornwall hardly at all. When that came to an end, a large portion of Britain had fallen under the sway of the Picts, Saxons, and Scots. By Scots are meant the Irish, who after their invasion of Alba gave the present name to Scotland. But it must be distinctly understood that the only Scots known in the first ten or eleven centuries, to writers on British affairs, were Irish.

In alliance with the Picts and Saxons, Niall of the Nine Hostages poured down on Britain and exacted tribute from the conquered people. In 388 he carried his arms further and plundered Brittany. In 396 the Irish supremacy was resisted by Stilicho, and for a while shaken; it was reimposed in 400. In 405, Niall invaded Gaul, and was assassinated there on the shores of the English Channel.

In 406 Stilicho a second time endeavoured to repel the Hiberno-Pictic allies, but, unable to do much by


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Rh force of arms, entered into terms with them, for Gildas speaks of the Romans as making confederates of Irish. Doubtless Stilicho surrendered to them their hold over and the tribute from the western part of Britain. And now I must tell a funny story connected with the introduction of lap-dogs into Ireland. It comes to us on the authority of Cormac, king-bishop of Cashel, who died in 903, and who wrote a glossary of old Irish words becoming obsolete even in his day.

"The slave of the Haft," says he, "was the name of the first lap-dog that was known in Erin. Cairbre Muse was the man who first brought it there out of Britain. At that time the power of the Gadhaels (Scots or Irish) was great over the Britons; they had divided Albion among them into farms, and each of them had a neighbour and friend among the people." Then he goes on to say how that they established fortresses through the land, and founded one at Glastonbury. "One of those divisions of land is Dun Map Lethan, in the country of the Britons of Cornwall." This lasted to A.D. 380.

Now Cairbre was wont to pass to and fro between Britain and Ireland.

At this time lap-dogs were great rarities, and were highly prized. None had hitherto reached Ireland. And Cairbre was desirous of introducing one there when he went to visit his friends. But the possessors of lap-dogs would on no account part with their treasures.

Now it happened that Cairbre had a valuable knife, with the handle gold-inlaid. One night he


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8 rubbed the haft over with bacon fat, and placed it before the kennel of the lap-dog belonging to a friend. The dog gnawed at the handle and sadly disfigured it.

Next morning Cairbre made a great outcry over his precious knife, and showed his British host how that the dog had disfigured it. The Briton apologised, but Cairbre promptly replied, "My good friend, are you aware of the law that 'the transgressor is forfeit for his transgression?' Accordingly I put in a legal claim to the dog." Thus he became its owner, and gave it the name of Mogh-Eimh, or the Slave of the Haft.

The dog was a bitch, and was with young when Cairbre carried her over to Ireland. The news that the wonderful little beast had arrived spread far and wide, and the king of Munster and the chief king, Cormac Mac Airt (227-266) both laid claim to it; the only way in which Cairbre could satisfy them was to give each a pup when his lap-dog had littered. So general was the amazement over the smallness and the beauty of the original dog, that some verses were made on it, which have been preserved to this day.

It was probably during the Irish domination that a large portion of North Devon and East Cornwall was colonised from the Emerald Isle.

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Rh Athelstan drove the Britons out of Exeter and made the Tamar their limit, it is not to be supposed that he devastated and depopulated Devon; what he did was to destroy the tribal organisation throughout Devon, banish the princes and subjugate the people to Saxon rule.

The Saxon colonists planted themselves in "Stokes" mostly in the valleys. The Celts had never been anything of a town-building people; they had lived scattered over the land in their treffs and boths, and only the retainers of a chieftain had dwelt around his dun.

But with the Saxons, the fact that they lived as a few surrounded by an alien population that in no way loved them, obliged them to huddle together in their "Stokes." Thus towns sprang into existence, and bear Saxon names.

It is probable that the yeomen of the land at the present day represent the Saxon; and most assuredly in the great body of the agricultural labourers, the miners, and artisans, we have mainly a mixture of British and Ivernian blood. Throughout the Middle Ages, and indeed till this present century, there can have been no easy, if possible, passage out of the labouring community into that of the yeoman class—hardly into that of tenant farmer; whereas the yeomen and the tradesmen, wool merchants and the like, were incessantly feeding the class of armigeres, squires; and their descendants supplied the nobility with accretions.

There is, perhaps, in the east of Devon a preponderating element of Saxon, but I have observed


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10 in the Seaton and Axminster district so much of the dark hair and eye, that I believe there is less than is supposed, and that there is a very large under-stratum of the earlier Silurian. Perhaps in North Devon there may be more of the Saxon. West of Okehampton there is really not much difference between the Devonian and the Cornishman, but of this more presently.

It is remarkable that the Devonshire dialect prevails in Cornwall above a diagonal line drawn from Padstow to Saltash, on the Tamar; west of this and below it the dialect is different. This is probably due to the Cornish tongue having been abandoned in the west and south long subsequent to its disappearance in the north-east. But this line also marks the limits of an Irish-Gwentian occupation.

The dialect is fast dying out, but the intonation of the voice will remain long after peculiar words have ceased to be employed.

The "z" has a sound found nowhere else, due to the manner in which the tongue is turned up to the palate for the production of the sound; "ou" and "oo" in such words as "you" and "moon" is precisely that of the French u in "lune."

Gender is entirely disregarded; a cow is a "he," who runs dry, and of a cock it is said "her crows in the morn." But then the male rooster is never a cock, but a stag.

The late Mr. Arnold, inspector of schools, was much troubled about the dialect when he came into the county. One day, when examining the school


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 of the kind existed all over France. In Paris there were the Enfans sans Souci, the Basochiens, the Confrérie de la Passion and the Souverain Empire de Galilée; at Dijon there were the Mère Folle and her family; in Flanders the Société des Arbalétriers played comedies; at Rouen the Cornards or Conards yielded to none in vigour and fearlessness of satire. On Shrove Tuesday 1512 Gringoire, who was the accredited defender of the policy of Louis XII., and had already written many political poems, represented the Jeu du Prince des Sots et Mère Sotte. It was at the moment when the French dispute with Julius II. was at its height. Mère Sotte was disguised as the Church, and disputed the question of the temporal power with the prince. The political meaning was even more thinly veiled in the second part of the entertainment, a morality named L’Homme obstiné, the principal personage representing the pope. The performance concluded with a farce. Gringoire adopted for his device on the frontispiece of this trilogy, Tout par Raison, Raison par Tout, Par tout Raison. He has been called the Aristophane des Halles. In one respect at least he resembles Aristophanes. He is serious in his merriment; there is purpose behind his extravagances. The Church was further attacked in a poem printed about 1510, La Chasse du cerf des cerfs (serf des serfs, i.e. servus servorum), under which title that of the pope is thinly veiled. About 1514 he wrote his mystery of the Vie de Monseigneur Saint-Louis par personnages in nine books for the confrérie of the masons and carpenters. He became in 1518 herald at the court of Lorraine, with the title of Vaudemont, and married Catherine Roger, a lady of gentle birth. During the last twenty years of a long life he became orthodox, and dedicated a Blason des hérétiques to the duke of Lorraine. There is no record of the payment of his salary as a herald after Christmas 1538, so that he died probably in 1539.

His works were edited by C. d’Héricault and A. de Montaiglon for the Bibliothèque elzévirienne in 1858. This edition was incomplete, and was supplemented by a second volume in 1877 by Montaiglon and M. James de Rothschild. These volumes include the works already mentioned, except Le Chasteau de labour, and in addition, Les Folles Entreprises (1505), a collection of didactic and satirical poems, chiefly ballades and rondeaux, one section of which is devoted to the exposition of the tyranny of the nobles, and another to the vices of the clergy; L’Entreprise de Venise (c. 1509), a poem in seven-lined stanzas, giving a list of the Venetian fortresses which belonged, according to Gringoire, to other powers; L’Espoir de paix (1st ed. not dated; another, 1510), a verse treatise on the deeds of “certain popes of Rome,” dedicated to Louis XII.; and La Coqueluche (1510), a verse description of an epidemic, apparently influenza. For details of his other satires, Les Abus du monde (1509), Complainte de trop tard marié, Les Fantasies du monde qui règne; of his religious verse, Chants royaux (on the Passion, 1527), Heures de Notre Dame (1525); and a collection of tales in prose and verse, taken from the Gesta Romanorum, entitled Les Fantasies de Mère Sotte (1516), see G. Brunet, Manuel du libraire (s.v. Gringore). Most of Gringoire’s works conclude with an acrostic giving the name of the author. The Chasteau de labour was translated into English by Alexander Barclay and printed by Wynkyn de Worde in 1506. Barclay’s translation was edited (1905) with his original for the Roxburghe Club by Mr A. W. Pollard, who provided an account of Gringoire, and a bibliography of the book. See also, for the Jeu du Prince des Sots, Petit de Julleville, La Comédie et les mœurs en France au moyen âge, pp. 151-168 (Paris, 1886); for Saint Louis, the same author’s Les Mystères, i. 331 et seq., ii. 583–597 (1880), with further bibliographical references; and E. Picot, Gringore et les comédiens italiens (1877). The real Gringoire cannot be said to have many points of resemblance with the poet described in Victor Hugo’s Notre-Dame de Paris, nor is there more foundation in fact for the one-act prose comedy of Théodore de Banville.

 GRINNELL, a city in Poweshiek county, Iowa, U.S.A., 55 m. E. by N. of Des Moines. Pop. (1900) 3860, of whom 274 were foreign-born; (1905) 4634; (1910) 5036. Grinnell is served by the Chicago, Rock Island & Pacific, and the Iowa Central railways. It is the seat of Iowa College (co-educational), founded in 1847 by the Iowa Band (Congregationalists and graduates of New England colleges and Andover Theological Seminary, who had devoted themselves to home missionary educational work in Iowa, and who came to Iowa in 1843), and by a few earlier pioneers from New England. The college opened in 1848 at Davenport, and in 1859 removed to Grinnell, where there was a school called Grinnell University, which it absorbed. Closely affiliated with the college are the Grinnell Academy and the Grinnell School of Music. In 1907–1908 the College had 463 students, the Academy had 129 students, and the School of Music had 141 students. Among the manufactures are carriages and gloves. The city was named in honour of one of its founders, Josiah Bushnell Grinnell (1821–1891), a Congregational clergyman, friend of and sympathizer with John Brown, and from 1863 to 1867 a member of the National House of Representatives. Grinnell was settled in 1854, was incorporated as a town in 1865, and in 1882 was chartered as a city of the second class. In 1882 it suffered severely from a cyclone.  GRIQUALAND EAST and GRIQUALAND WEST, territorial divisions of the Cape Province of the Union of South Africa. Griqualand East, which lies south of Basutoland and west of Natal, is so named from the settlement there in 1862 of Griquas under Adam Kok. It forms part of the Transkeian Territories of the Cape, and is described under. Griqualand West, formerly Griqualand simply, also named after its Griqua inhabitants, is part of the great tableland of South Africa. It is bounded S. by the Orange river, W. and N. by Bechuanaland, E. by the Transvaal and Orange Free State Province, and has an area of 15,197 sq. m. It has a general elevation of 3000 to 4000 ft. above the sea, low ranges of rocky hills, the Kaap, Asbestos, Vansittart and Langeberg mountains, traversing its western portion in a general N.E.-S.W. direction. The only perennial rivers are in the eastern district, through which the Vaal flows from a point a little above Fourteen Streams to its junction with the Orange (160 m.). In this part of its course the Vaal receives the Harts river from the north and the Riet from the east. The Riet, 4 m. within the Griqualand frontier, is joined by the Modder. The banks of the rivers are shaded by willows; elsewhere the only tree is the mimosa. The greater part of the country is barren, merging N.W. into absolute desert. The soil is, however, wherever irrigated, extremely fertile. The day climate is hot and dry, but the nights are frequently cold. Rain rarely falls, though thunderstorms of great severity occasionally sweep over the land, and sandstorms are prevalent in the summer. A portion of the country is adapted for sheep-farming and the growing of crops, horse-breeding is carried on at Kimberley, and asbestos is worked in the south-western districts, but the wealth of Griqualand West lies in its diamonds, which are found along the banks of the Vaal and in the district between that river and the Riet. From the first discovery of diamonds in 1867 up to the end of 1905 the total yield of diamonds was estimated at 13 tons, worth £95,000,000.

The chief town is (q.v.), the centre of the diamond mining industry. It is situated on the railway from Cape Town to the Zambezi, which crosses the country near its eastern border. Three miles south of Kimberley is (q.v.). On the banks of the Vaal are (q.v.), Windsorton (pop. 800) and Warrenton (pop. 1500); at all these places are river diggings, diamonds being found along the river from Fourteen Streams to the Harts confluence. Warrenton is 44 m. N. by rail from Kimberley. Douglas (pop. 300), on the south bank of the Vaal, 12 m. above its confluence with the Orange, is the centre of an agricultural district, a canal 9 m. long serving to irrigate a considerable area. Thirty-five miles N.W. of Douglas is Griquatown (pop. 401), the headquarters of the first Griqua settlers. Campbell (pop. 250) is 30 m. E. of Griquatown, and Postmasburg 42 m. N. by W. A census taken in 1877 showed the population of Griqualand West to be 45,277, of whom 12,347 were whites. At the census of 1891 the population was 83,215, of whom 29,602 were whites, and in 1904 the population was 108,498, of whom 32,570 were whites.

History.—Before the settlement in it of Griqua clans the district was thinly inhabited by Bushmen and Hottentots. At the end of the 18th century a horde known as Bastaards, descendants of Dutch farmers and Hottentot women, led a nomadic life on the plains south of the Orange river. In 1803 a missionary named Anderson induced a number of the Bastaards with their chief Barend Barends to settle north of the river, and a mission station was formed at a place where there was a strong

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 * Cochrane v. Deener (94 U.S. 780), ( 24 L.Ed. 139 )
 * Cochrane v. Deener (95 U.S. 355), ( 24 L.Ed. 514 )

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 flowing fountain, which has now disappeared, which gave the name of Klaarwater to what is now known as Griquatown or Griquastad. Klaarwater became a retreat for other Bastaards, Hottentot refugees, Kaffirs and Bechuanas. From Little Namaqualand came a few half-breeds and others under the leadership of Adam Kok, son of Cornelius Kok and grandson of Adam Kok (c. 1710–1795), a man of mixed white and Hottentot blood who is regarded as the founder of the modern Griquas. The settlement prospered, and in 1813, at the instance of the Rev. John Campbell, who had been sent by the London Missionary Society to inspect the country, the tribesmen abandoned the name of Bastaards in favour of that of Griquas, some of them professing descent from a Hottentot tribe, originally settled near Saldanha Bay, called by the early Dutch settlers at the Cape Chariguriqua or Grigriqua. Under the guidance of missionaries the Griquas made some progress in civilization, and many professed Christianity. Adam Kok and Barends having moved eastward in 1820, those who remained behind elected as their head man a teacher in the mission school named Andries Waterboer, who successfully administered the settlement, and by defeating the Makololo raiders greatly increased the prestige of the tribe. Meanwhile Adam Kok and his companions had occupied part of the country between the Modder and Orange rivers. In 1825 Kok settled at the mission station of Philippolis (founded two years previously), and in a short time had exterminated the Bushmen inhabiting that region. He died about 1835, and after a period of civil strife was succeeded by his younger son, Adam Kok III. This chief in November 1843 signed a treaty placing himself under British protection. Many Dutch farmers were settled on the land he claimed. In 1845 he received British military aid in a contest with the white settlers, and in 1848 helped the British under Sir Harry Smith against the Boers (see : History). Eventually finding himself straitened by the Boers of the newly established Orange Free State, he removed in 1861–1863 with his people, some 3000 in number, to the region (then depopulated by Kaffir wars) now known as Griqualand East. His sovereign rights to all territory north of the Orange he sold to the Free State for £4000. He founded (q.v.) and died in 1876. Waterboer, the principal Griqua chief, had entered into treaty relations with the British government as early as 1834, and he received a subsidy of £150 a year. He proved a stanch ally of the British, and kept the peace on the Cape frontier to the day of his death in 1852. He was succeeded by his son Nicholas Waterboer, under whom the condition of the Griquas declined—a decline induced by the indolence of the people and intensified by the drying up of the water supplies, cattle plague and brandy drinking. During this period white settlers acquired farms in the country, and the loss of their independence by the Griquas became inevitable. The discovery of diamonds along the banks of the Vaal in 1867 entirely altered the fortunes of the country, and by the end of 1869 the rush to the alluvial diggings had begun. At the diggers’ camps the Griquas exercised no authority, but over part of the district the South African Republic and the Orange Free State claimed sovereignty. At Klip Drift (now Barkly West) the diggers formed a regular government and elected Theodore Parker as their president. Most of the diggers being British subjects, the high commissioner of South Africa interfered, and a Cape official was appointed magistrate at Klip Drift, President Parker resigning office in February 1871. At this time the “dry diggings,” of which Kimberley is the centre, had been discovered, and over the miners there the Orange Free State asserted jurisdiction. The land was, however, claimed by Nicholas Waterboer, who, on the advice of his agent, David Arnot, petitioned the British to take over his country. This Great Britain consented to do, and on the 27th of October 1871 proclamations were issued by the high commissioner receiving Waterboer and his Griquas as British subjects and defining the limits of his territory. In addition to the Kimberley district this territory included that part of the diamondiferous area which had been claimed by the Transvaal, but which had been declared, as the result of the arbitration of R. W. Keate, lieutenant-governor of Natal, part of Waterboer’s land. On the 4th of November a small party of Cape Mounted Police took possession of the dry diggings and hoisted the British flag. Shortly afterwards the representative of the Orange Free State withdrew. The Free State was greatly incensed by the action of the British government, but the dispute as to the sovereignty was settled in 1876 by the payment of £90,000 by the British to the Free State as compensation for any injury inflicted on the state.

The diggers, who under the nominal rule of the Transvaal and Free State had enjoyed practical independence, found the new government did little for their benefit, and a period of disorder ensued, which was not put an end to by the appointment in January 1873 of Mr (afterwards Sir) Richard Southey as sole administrator, in place of the three commissioners who had previously exercised authority. In the July following the territory was made a crown colony and Southey’s title changed to that of lieutenant-governor. The government remained unpopular, the diggers complaining of its unrepresentative character, the heavy taxation exacted, and the inadequate protection of property. They formed a society for mutual protection, and the discontent was so great that an armed force was sent (early in 1875) from the Cape to overawe the agitators. At the same time measures were taken to render the government more popular. The settlement of the dispute with the Free State paved the way for the annexation of Griqualand to the Cape Colony on the 15th of October 1880.

 GRISAILLE, a French term, derived from gris, grey, for painting in monochrome in various shades of grey, particularly used in decoration to represent objects in relief. The frescoes of the roof of the Sistine chapel have portions of the design in grisaille. At Hampton Court the lower part of the decoration of the great staircase by Verrio is in grisaille. The term is also applied to monochrome painting in enamels, and also to stained glass; a fine example of grisaille glass is in the window known as the Five Sisters, at the end of the north transept in York cathedral.

 GRISELDA, a heroine of romance. She is said to have been the wife of Walter, marquis of Saluces or Saluzzo, in the 11th century, and her misfortunes were considered to belong to history when they were handled by Boccaccio and Petrarch, although the probability is that Boccaccio borrowed his narrative from a Provençal fabliau. He included it in the recitations of the tenth day (Decamerone), and must have written it about 1350. Petrarch related it in a Latin letter in 1373, and his translation formed the basis of much of the later literature. The letter was printed by Ulrich Zel about 1470, and often subsequently. It was translated into French as La Patience de

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text: 1911 Encyclopædia Britannica/Grinnell

title: 1911 Encyclopædia Britannica/Grinnell


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SHEEPSTOR


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text: 1911 Encyclopædia Britannica/Griqualand East and Griqualand West


text: 1911 Encyclopædia Britannica/Grisaille

title: 1911 Encyclopædia Britannica/Grisaille


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United States v. Fox

 * United States v. Fox (94 U.S. 315), ( 24 L.Ed. 192 )
 * United States v. Fox (95 U.S. 670), ( 24 L.Ed. 538 )

title: United States v. Fox


text:
The Time Machine

 * The Time Machine (The New Review)
 * The Time Machine (Heinemann text)
 * The Time Machine (Holt text)
 * The Time Machine (Atlantic Edition) published in 1924 (pages 1–118)

See also The Grey Man, an excerpt from Chapter XI of the Heinemann text, present in the serialized version but cut from the published book.

title: The Time Machine


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THE FROG AND THE PUDDLE that could make me carry on like the heroine of the Elsie series."

"Lost your job?"

"No such luck."

"Well, then, what in Sam Hill could make a woman——"

"Lonesome!" snapped Gertie. "And the floorwalker got fresh to-day. And I found two gray hairs to-night. And I'd give my next week's pay envelope to hear the double click that our front gate gives back home."

"Back home!" echoed the Kid Next Door in a dangerously loud voice. "Say, I want to talk to you. If you'll promise you won't get sore and think I'm fresh, I'll ask you a favor. Slip on a kimono and we'll sneak down to the front stoop and talk it over. I'm as wide awake as a chorus girl and twice as hungry. I've got two apples and a box of crackers. Are you on?"

Gertie snickered. "It isn't done in our best sets, but I'm on. I've got a can of sardines and an orange. I'll be ready in six minutes."

She was, too. She wiped off the cold cream and salt tears with a dry towel, did her hair in a schoolgirl braid and tied it with a big bow, and dressed herself in a black shirt and a baby blue [9]

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text:
United States v. Moore

 * United States v. More (7 U.S. 159), ( 2 L.Ed. 397 ), ( 3 Cranch, 159 )
 * United States v. Moore (53 U.S. 209), ( 13 L.Ed. 958 ), ( 12 How. 209 )
 * United States v. Moore (95 U.S. 760), ( 24 L.Ed. 588 )
 * United States v. Moore (340 U.S. 616), ( 95 L.Ed. 582 ), ( 71 S.Ct. 524 )

title: United States v. Moore


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Translation:Arukh ha-Shulchan/Author's introduction

“The Lord God of gods, he knows, and let Israel know” (Joshua 22:22)

The Oral Torah

Our Holy and Pure Torah is "longer than the earth is its measure, and broader than the sea" (Iyov 11:9), "higher than the highest", (Kohelet 5:7) and "it is very deep, who can ever plumb its depths?" (ibid 7:24).

And how could it not be so? [For the Torah] is the daughter of the living God, and is the essence of supernal wisdom, and there is the secret of its strength [that it is hidden away inside wisdom], and He is praised; His Name and wisdom are one. Just as there is no beginning to His beginning or no end to His end, so too is there no beginning or end to His wisdom [it is without limit]. Concerning this, the pleasant singer of Israel (Psalms) says: "your commandment is exceedingly broad" (Psalms 119: 96). That is to say: there is no boundary [to your commandment; to the study of Torah]. And he pleaded saying, “open my eyes that I may behold wondrous things in your Torah” (Psalms 119: 18).

Also [the Torah] is the very source of all wisdom; and in this [fact] the six branches of the Menorah [in the Temple] hint, for they all were facing towards the middle branch, and this is what the great sages have noted in their books.

And the primary greatness of the Torah we come to know through the Oral Torah, as the sages of blessed memory said: God made a covenant with Israel only for the sake of that which was transmitted orally, as it says, "For by the mouth of these words I have made a covenant with you and with Israel.” (Exodus 34:27; quoted from Talmud Bavli, Gitten 60b). And this is the great and holy Talmud, overflowing with all wealth, beautiful pearls and stones of desire covered with sapphires. And to a person with eyes to confirm it, he will see jewels hidden in every single matter.

Now this oral Torah gives life to the written Torah, just as the soul gives life in the human body, so too the oral Torah gives life to the written Torah, because the written Torah is closed-off and sealed, and there is not even one commandment explained.

For example [the commandment of] Shabbat, as it is written (Exodus 20:9; Deuteronomy 5:13): "Do not do any work" - What is the boundary of work? And what is specified in the portion of "Vayakhel" ("assembled") the work of burning a fire by itself, as it is written (Exodus 35:3): "You shall kindle no fire throughout your dwellings on the Sabbath day"... [not finished]


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 {{float center|{{x-larger block|1={{blackletter|Buckram Series.}} '''75c. each.''' }}{{-}}

SPANISH CASTLES BY THE RHINE. {{gap}}A Triptychal Yarn. By {{small-caps|David S. Foster}}.

OUT OF BOUNDS. {{gap}}By {{small-caps|A. Garry}}.

A MAN AND HIS WOMANKIND. {{gap}}A novel. By {{small-caps|Nora Vynné}}.

SIR QUIXOTE OF THE MOORS. {{gap}}A Scotch Romance. By {{small-caps|John Buchan}}.

LADY BONNIE'S EXPERIMENT. {{gap}}A quaint pastoral. By {{small-caps|Tighe Hopkins}}.

THE WHITE HECATOMB. {{gap}}Tales of the Transvaal. By {{small-caps|Wm. Chas. Scully}}.

KAFIR STORIES. {{gap}}Tales of adventure. By {{small-caps|Wm. Chas. Scully}}.

THE MASTER-KNOT {{gap}}And "Another Story." By {{small-caps|Conover Duff}}.

THE TIME MACHINE. (2d Edition.) {{gap}}The Story of an Invention. By {{small-caps|H. G. Wells}}.

THE PRISONER OF ZENDA. (36th Ed.) {{gap}}By {{small-caps|Anthony Hope}}. A stirring romance.

THE INDISCRETION OF THE DUCHESS. {{gap}}By {{small-caps|Anthony Hope}}. (11th Edition.)

TENEMENT TALES OF NEW YORK. {{gap}}By {{small-caps|J. W. Sullivan}}.

SLUM STORIES OF LONDON. {{gap}}(Neighbors of Ours.) By {{small-caps|H. W. Nevinson}}.

THE WAYS OF YALE. (7th Edition.) {{gap}}Sketches, mainly humorous. By {{small-caps|H. A. Beers}}.

A SUBURBAN PASTORAL. (5th Edition.) {{gap}}American Stories. By {{small-caps|Henry A. Beers}}.

JACK O'DOON. (2d Edition.) {{gap}}An American novel. By {{small-caps|Maria Beale}}.

QUAKER IDYLS. (5th Edition.) {{gap}}By {{small-caps|Mrs. S. M. H. Gardner}}.

A MAN OF MARK. (4th Edition.) {{gap}}A South American tale. By {{small-caps|Anthony Hope}}.

SPORT ROYAL. (4th Edition.) {{gap}}And Other Stories. By {{small-caps|Anthony Hope}}.

THE DOLLY DIALOGUES. {9th Edition. {{gap}}By {{small-caps|Anthony Hope}}.

A CHANGE OF AIR. (9th Edition.) {{gap}}By {{small-caps|Anthony Hope}}. With portrait.

JOHN INGERFIELD. (6th Edition.) {{gap}}A love tragedy. By {{small-caps|Jerome K. Jerome}}.

{{x-larger block|HENRY HOLT & CO., New York.}}}}


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 BY

NEW YORK


text:
Jerome v. McCarter

 * Jerome v. McCarter (88 U.S. 17), ( 22 L.Ed. 515 ), ( 21 Wall. 17 )
 * Jerome v. McCarter (94 U.S. 734), ( 24 L.Ed. 136 )

title: Jerome v. McCarter


text:
Author:Thomas Dermody

Works

 * The Harp of Erin (1807), in 2 volumes.

Works about Dermody

 * "The life of Thomas Dermody" by James Grant Raymond (1806), in 2 volumes.

title: Author:Thomas Dermody


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 dramatic composition, Judge Lacombe, in the U.S. Circuit Court in New York, held that: "It is essential for a dramatic composition to tell some story. The plot may be simple, it may be but the representation of a single transaction; but it must repeat or mimic some action, speech, emotion, passion, or character, real or imaginary. A series of graceful movements, combined with an attractive arrangement of drapery, lights, and shadows, telling no story, portraying no character, depicting no emotion, is not a dramatic composition." This view is adopted in the Copyright Office Rules and defines accepted American practice, but is not consonant with English and international views.

The new British measure is definitely comprehensive and specific in including as a dramatic work "any piece for recitation, choreographic work or entertainment in dumb show the scenic eirrangement or acting form of which is fixed in writing or otherwise, and any cinematograph production where the arrangement or acting form or the combination of incidents represented give the work an original character."

It is evident that the methods for securing copyright for published dramatic and musical works are in general the same, with exceptions noted in this chapter, as for literary works, that is, publication with copyright notice and registration with deposit promptly after publication of two copies of the best edition then published, with a fee of one dollar. Copyright in the specific sense is, however, of less importance to the dramatic or musical author, as has already been pointed out, than playright or performing right, which is also covered and protected specifically by the code of 1909, though in less accurate, definite and satisfactory provisions, involving in some respects serious questions. The right at common law or in equity to prevent the copying, publication or


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 use of an unpublished work and to obtain damages therefor, is specifically confirmed (sec. 2), and this applies especially to unregistered manuscripts.

The method of registration of an unpublished work to secure playright or performing right, as previously stated, is absolutely simple, consisting solely in the registration of a claim and the deposit of one copy of the work in manuscript or other unpublished form, with a fee of one dollar. The law is clear and satisfactory as to the punishment, after such registration, of infringement of playright or performing right, but it is not clear as to the date from which such protection starts, and whether protection is for an indeterminate period up to publication (practically in perpetuity if no publication be made), or for the statutory term. This is because the relations of publication and first performance are inferences only and specifically defined in the law. The Copyright Office issues a certificate for twenty-eight years, but without reference to initial date, which would be presumably the date of the certificate. The Copyright Office will doubtless, under this precedent, issue renewal certificate for the second term of twenty-eight years. The trend, and in several instances the letter of the law, shows publication to mean the multiplication or reproduction of printed or other copies and their public offering, sale and distribution, and indicate that performance, whether privately or publicly and for profit, is not publication. The new Copyright Office Rules specifically hold that: "Representation on the stage of a play is not a publication of it, nor is the public performance of a musical composition publication." Judicial decisions on this point both in England and this country are confusing if not contradictory. In the absence of specific provision in the law for renewal of term in unpublished works, the


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 view that the grant of the statute is for protection under the common law rather than a statutory and limited grant of privilege, is defensible and may be upheld by the courts, should a case arise. No case is likely to arise for twenty-eight years from the time of first copyright, under the act, of an unpublished work; but the dilemma will then present itself to the author whether he should apply for a renewal term and thus accept the limitations of the statute, or rely upon the original registration as a protection in perpetuity up to the time of publication. Possibly before that time this difficult point may be made clear by supplementary legislation.

The most serious argument against the view that unpublished works may be protected indeterminately, is founded on the provision of the Constitution authorizing Congress to grant protection for limited terms, as to which the view may be upheld that Congress is not here making a grant, but is oifering statutory protection to the inherent right of an author in an unpublished work.

In any event the author has clear rights for twentyeight years from the date of publication or the date of first performance, whichever the earlier. In case of publication, it is altogether probable that the playright or performing right will be construed by the courts to lapse at the end of the copyright term and renewal thereof of the published work, and in case a "book of the play" or libretto of an opera is printed for sale within a theatre in connection with the performance, that will undoubtedly constitute publication and such copies should be copyrighted.

The doctrine that performance is not publication was upheld by the N.Y. Court of Appeals in Palmer v. DeWitt in 1872, in which the assignee of the manuscript and playright of Robertson's drama "Play"


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 was granted an injunction against the printing of the drama, although it had been publicly performed, but not printed, in London. The same doctrine was applied in the Illinois Supreme Court in 1909 in Frohman v. Ferris. But publication abroad, by the printing of a drama unless protected under the international copyright provisions, has been held to forfeit the common law playright transferred with an unpublished manuscript, by the decision in Daly v. Walrath in 1899, by Judge Bartlett in the N.Y. Supreme Court, when an injunction was refused against the performance of Sudermann's "DieEhre," translated as "Honor," because the author had printed the play in Germany despite a contract with the American assignee to refrain from publication. In the case of Wagner v. Conried in 1903, in the U. S. Circuit Court in New York, Judge Lacombe declined to enjoin a production of "Parsifal," holding that the publication of a printed edition by Schotts in Germany had forfeited playright, since the reservation by Wagner in his contract with Schotts of the acting rights was not applicable in this country. The printing of a dramatic manuscript solely for the use of the players is not publication, as was held in French v. Kreling, in 1894, by Judge Hawley in the U. S. Circuit Court in California, where Farnie's opera "Falka," of which the musical score had been published, but the libretto printed only for the singers, was protected as an unpublished manuscript.

The English law as to dramatic and musical copy right and playright and performing right, has been most confusing if not contradictory, and authorities differ, as do MacGillivray and Scrutton, in its interpretation. Whether public performance constitutes publication or whether they are separable and separate events has been diversely treated in the laws, by the


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 judges and in legal text-books. The dramatic copyright act of 1833, known as Bulwer-Lytton's act, a clumsy attempt to clear up earlier uncertainty, provided that the author of " any tragedy, comedy, play, opera, farce, or any other dramatic piece or entertainment, composed, and not printed and published," shall have " the sole liberty of representing in any part of the British Dominions"; "and the author of any such production, printed and published," shall, "until the end of twenty-eight years from . . . such first publication" or for life, have "the sole liberty of representing . . . as aforesaid." The general copyright act of 1842 specifically applied this previous act also to "musical compositions" and enacted "that the sole liberty of representing or performing . . . any dramatic piece or musical composition" shall "endure ... for the term in this act provided for . . . copyright in books," that is, for fortytwo years or life and seven years; and the provisions of the act as to copyright and registration were extended to representing or performing, "save and except that the first public representation or performance of any dramatic piece or musical composition shall be deemed equivalent in the construction of this act to the first publication of any book." The "copyright (musical compositions) act" of 1882 added the requirement, that in the case of a musical composition, to retain the performing right, notice of reservation should be printed on the title-page of every published copy, and the act further provided that the proprietor of the performing right, if the owner of the copyright be another person, may require him to print such notice of reservation, for neglect of which he shall forfeit twenty pounds.

Thus common law r^hts, it would seem, in an unpublished and unperformed dramatic or musical


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 work were given, pending publication, statutory protection, apperently in perpetuity, from the date of composition. Publication of a dramatic or musical composition in printed form ensured copyright protection as a book for forty-two years or life and seven years; and performing right was protected for forty-two years from "the first public representation or performance of any dramatic piece or musical composition" or life and seven years, whichever the longer.

It had been the view of many English authorities that publication in printed form as a book before the first public performance forfeited performing rights, which opinion was shared by the Royal Copyright Commission as voiced in the report of 1878 in the digest of Sir James Stephen, who said: "The exclusive right of representing or performing a dramatic piece or musical composition cannot be gained if such dramatic piece or musical composition has been printed and published as a book before the first representation thereof." But in the later case of Chappell v. Boosey in 1882, in respect to John Oxenford's play of "The bellringer," which had been printed and published previous to performance, it was held in the Court of Chancery that publication as a book before performance does not take away performing rights. On musical compositions, however, the performing right is forfeited on publication in print unless notice of reservation is printed on the .published copies. There remain the difficult questions whether when publication precedes performance the statutory protection of the performing right extends beyond the forty-two years from publication and whether copyright and playright should be separately registered. It has been the practice of English dramatists to give a so-called "copyright performance" at a minor


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 theatre, in which actors walk and talk through the drama and the public is invited to pay a shilling at the box office — and sometimes given half a crown apiece for the purpose; which performance, though probably not necessary to fulfill any legal requirement, permits registration of first performance at Stationers' Hall and gives useful public notice to possible infringers.

This uncertain and confused situation will be remedied under the new British measure by the inclusion under "copyright" of the right "to perform . . . to deliver, in public" and the making of the copyright term the "life of the author and fifty years after his death," which together afford the simplest and most complete protection of playright as incident to copyright.

The international copyright act of 1844 contained the provision "that neither the author of any book, nor the author or composer of any dramatic piece or musical composition . . . which shall . . . be first published out of her Majesty's dominions, shall have any copyright therein respectively, or any exclusive right to the public representation or performance thereof, otherwise than such, if any, as he may become entitled to under this act,"—a provision inserted probably for advantage in negotiating reciprocal conventions with other countries. This provision was applied in 1863, in the case of Boucicault v. Delafield, to a British author whose play had been first printed and published as well as performed in America. In Boucicault v. Chatterton in 1876, the Chancery Division held that the prior performance of "The Shaughraun" in New York was publication and deprived the author of playright in England,—which again seems incompatible with the doctrine upheld in the later case of Chappell v. Boosey, above cited. Great Britain


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 is the only country in the International Copyright Union which has declined to accept the declarative interpretation made in Paris in 1896 of the Berne convention of 1886, declaring that performance does not constitute publication. Thus if a dramatic or musical work is first publicly performed outside the British dominions, the performing right is extinguished therein, unless protected under the international copyright acts, though first publication outside the British dominions of a work first publicly performed within them, may not extinguish the performing right.

The confusion of judicial interpretations, as to the relations between performance and publication, in international as well as domestic copyright, was invited by the unfortunate draftsmanship in the copyright act of 1842, in which the clause making first performance "equivalent in the construction of this act to the first publication of any book" may be taken either in a comprehensive sense or merely as defining the starting-point for performing right as well as for copyright in the specific sense.

The question of what is public performance is of some importance, especially in Great Britain, where playright is not infringed except by representation in a place of dramatic entertainment and where it has been held that any place in which a dramatic piece is publicly performed is for the time a place of dramatic entertainment. A public performance is probably one to which the public in general is admitted either by sale of tickets or by invitation; and this would probably include a performance given before a society to membership in which the public might be admitted, although a performance limited to a certain class of the public might not be construed as a public representation. Where "Our boys" was performed


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 at Guy's Hospital, London, by an amateur company, for nurses and others connected with the hospital specially invited, it was held in 1884, in Duckz;. Bates, that though a performance may be public where the public are present, although no money is taken, yet the production in question was not a public representation. In this leading case, important as a precedent for America as well as in England, the decision was made by Justices Brett, M. R., and Bowen, L. J., Justice Fry dissenting, and the Master of the Rolls, in an elaborate opinion, discussed the relations of private and public performance, as a question of fact: "In order to entitle the author to penalties there must be a representation which will injure the author's right to money ; such, for instance, as a representation which, although it is not for profit, would attract persons who are willing to pay money, and would induce them not to go and see a performance licensed by the author. . . . The representation must be other than domestic or private. There must be present a sufficient part of the public who would go also to a performance licensed by the author as a commercial transaction. ... I wish to say, by way of warning, that those who go beyond the facts of the present case may incur the penalties of the statute."

Common law rights in an unpublished manuscript of an unperformed work, cover both copyright and playright. In 1894, in Gilbert v. Star, while the comic opera "His Excellency" was in manuscript and under rehearsal. Justice Chitty in the Court of Chancery granted an injunction against a newspaper report of the plot and incidents on the common law ground that its communication to the newspaper involved a breach of contract, thus confirming the right of an author to full control of his manuscript work fcocopyright as well as playright, upheld in Prince


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 v. Strange in 1849. But a dramatic author cannot enjoin a drama, however similar, completed before the publication or performance of his own work, as was decided in the case of Reichardt v. Sapte, in 1893, where the author of " The picture dealer" was denied relief against the closely parallel play "A lucky dog," which was proved to have been completed in 1890, though not performed until after the writing and presentation of the author's play in 1892.

The right of control of an unpublished dramatic manuscript under common law was strengthened in 'Heme v. Liebler, in 1902, by the decision of Judge Ingraham in the N. Y. Supreme Court, which upheld the right of the plaintiff to prevent sub-license of a play beyond the terms of the contract by a licensee, who had agreed to keep the manuscript unpublished and use it only under specific limitations. In the case of Maxwell v. Goodwin, in 1899, where the plaintiff's play of "Congress" had been rejected by the defendant, who afterward produced a play "Ambition," also founded on scenes in Washington, Judge Seaman in the U. S. Circuit Court in Illinois overruled the defendant's contentions that there was no playright under common law in an unpublished manuscript and that there was no inherent property right in " ideas or creations of the imagination apart from the manuscript in which they are contained or the language in which they are clothed; though an injunction was denied on proof that the defendant had not read the plaintiff's manuscript and that the actual author of "Ambition" had no knowledge of the plaintiff's play.

In 1883, in Thomas v. Lennon, where Gounod's " Redemption," of which the orchestral score was un published, had been rewritten for orchestra from a


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 published non-copyright piano arrangement, Judge Lowell, in the U. S. Circuit Court in Massachusetts, ruled against this as an infringement of the unpublished work on common law grounds—but this decision has not been considered good law.

Copyright in dramatic work can be obtained, as in the case of encyclopaedic and like works, by the employment for hire of a dramatic author, as was fully established in the case of Mallory v. Mackaye in 1898, by Judge Wheeler in the U. S. Circuit Court in New York, where Mackaye had contracted for a salary of $5000, that all inventions and plays by him within the ten years of the contract should belong to Mallory, and was restricted accordingly from the independent production of "Hazel Kirke."

The duration of copyright in dramatic and musical compositions is the same as for books, in the United States (twenty-eight years with renewal for twentyeight years more), in Great Britain (under the new code life and fifty years), in Australia (fortytwo years or life and seven years, as hitherto in Great Britain), and in Canada and Newfoundland (twentyeight years with renewal for fourteen years more), — as also in most other countries, the new term for those in the International Copyright Union which have accepted the convention of Berlin, being life and fifty years. But in the case of a "dramaticomusical" work, where the libretto and the music are by different authors, the respective terms may end at different dates, as was held in 1905, and upheld in 1909, by the German courts as to the opera "Carmen" under the Franco-German convention limiting copyright to thirty years after death. Bizet, author of the music, had died in 1875, but one of the three librettists was still living, on which facts the court held that the musical score, but not the libretto, was free from


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 copyright. Under the new British and Canadian measures, which include the unusual provision that the copyright term in a work of joint authorship shall be determined by the first instead of the last death, the result would be to the contrary effect.

Registration in the United States, as also in Canada and Newfoundland, through the deposit of copies, is entirely the same for a dramatic or musical composition as for a book. Registration in England of a dramatic or musical composition under the act of 1842 (sec. 20) was to be made at Stationers' Hall, as in the case of a book, by recording in statutory form the title, the time and place of first publication, or for performing right, of first public performance, and the name and abode of author and of proprietor. But the same law (sec. 24) provided that protection of performing right in a dramatic piece should not be dependent upon entry in the registry and, by including in the definition of a dramatic piece (sec. 2) a "musical entertainment," evidently included musical compositions in this exemption, and thus made registration optional. This view was upheld in 1848 in Russell v. Smith, when the song "The ship on fire" was protected as a "dramatic piece," though it had not been registered. The new British measure omits all requirements for registration of any works. Registration of any copyright, performing right or assignment is required in Australia as a prerequisite for legal action.

Assignment or grant of a dramatic or musical composition, as of a book, may be made (sec. 42) by an instrument in writing, acknowledged, if in a foreign country, (sec. 43) before a consular or diplomatic officer, and must be recorded (sec. 44) in the Copyright Office within three months, or if made in a foreign country, six months, in default of which it is


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 void as against any subsequent purchaser. Assignment in Great Britain must be in writing, and previous to the new code with entry at Stationers' Hall, in the case of performing right as well as of copyright. It should be noted that playright does not pass with copyright ipse facto, though the new code as adopted by the House of Commons has no specific provision on this point. But it is most desirable that in any transfer of copyright or playright the exact nature of the right transferred should be defined in the writing. A partial assignment, or license, of performing right as well as of copyright may be made, and will be protected by the courts. The right to grant a specific license, and to enforce its limitations, was upheld in 1892 in Duck v. Mayen, in an English court by Justice Day, who held that where the defendant had obtained license at the price of one guinea to play "Our boys" for charity at a music hall, but performed it elsewhere, though for the same charity, the usual royalty of five guineas must be paid. Assignment in Canada and Newfoundland must be in writing in duplicate copies, of which one must be deposited in the office of copyright.

The general principles as to infringement and fair use, treated fully in another chapter, apply to dramatic and musical compositions, as already illustrated above, but some special applications may here be noted. That a parody or burlesque may not be an infringement, though including some quotations from the work parodied, was decided in 1903, in Bloom v. Nixon,—where Fay Templeton had given a parody or imitation of another actress's singing of "Sammy" in the "Wizard of Oz,"—in the U. S. Circuit Court in Pennsylvania by Judge McPherson, who held that as this was essentially an imitation of personality, it was not an infringement of copyright: "Surely a parody


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 would not infringe the copyright of the work parodied merely because a few lines of the original might be textually reproduced." The judge added: "No doubt the good faith of such mimicry is an essential element; a mere attempt to evade the owners' copyright. . . would properly be prohibited" as "doing in a roundabout way what could not be done directly."

There may be infringement of dramatic copyright in the use of a single scene or situation, as already set forth with respect to novels, provided this is of dramatic character. In 1892, in Daly v. Webster, the U. S. Circuit Court of Appeals, through Judge Lacombe, held that the railroad rescue scene in Brady's "After dark" infringed the copyright of Daly's "Under the gaslight," which contained the similar situation of the rescue of a person on a railroad track before an approaching train. Though there was little dialogue in this scene, the court held that while mechanical appliances are not entitled to copyright, a series of events dramatically represented are copyrightable. In the subsequent suit for damages, Daly v. Brady, the U. S. Supreme Court in 1899, through Justice Peckham, upheld this decision, and held also that such a situation constituted an integral part of the copyrighted drama and should therefore be protected against infringement. That there may be infringement of a dramatic composition without the use of scenery or costumes was incidentally decided in Russell v. Smith, where the song "The ship on fire," sung dramatically without these accessories, was protected as a dramatic piece.

While the title of a dramatic or musical composition, like that of a book, cannot be copyrighted as such, the courts seem disposed to emphasize the title as an integral part of a play, perhaps more than in the case of a book because the advertising of another play of


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 like name, especially in the case of one of long run and wide popularity, may mislead the public and involve unfair competition. This protection was upheld as a matter of common law in Aronson v. Fleckenstein in 1886, by Judge Blodgett in the U.S. Circuit Court in Illinois, when the use of the title "Erminie" was held to be unlawful, though the operetta originally designated by the title had not been copyrighted. But in Glaser v. St. Elmo Co. in 1909, the U. S. Circuit Court denied relief where the tide of Miss Evans's novel, then out of copyright, was used for a second and unauthorized dramatization. There may be danger to copyright or playright when a work is published or performed under a title differing from that under which it is copyrighted; but the change of a descriptive sub-title has been held to be immaterial. In the case of Daly's play "Under the gaslight," which in the copyright entry bore the subtitle "A romantic panorama of the streets and homes of New York," but in printed form the changed subtitle "A totally original picturesque drama of life and love in these times," the defendants in Daly v. Webster alleged that this change made the copyright invalid, which contention was negatived by the U. S. Circuit Court of Appeals, which held in 1892 that the subtitle was merely descriptive and not an essential part of the title—a principle later applied by Judge Lacombe in Patterson v. Ogilvie, in 1902.

In the case of Frohman v. Weber in 1 903, in the N.Y. Supreme Court, where the proprietor of the play entitled "Sherlock Holmes" sought to enjoin another play "The sign of the four," in which the name Sherlock Holmes designated the leading character, Judge Clarke held that this did not constitute unfair competition and denied a preliminary injunction.

The question of the person liable for the


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, especially of playright, is one of some difficulty. In general, while any one participating in a piratical performance, as an actor, is technically guilty of infringement, it is usually the person or persons responsible for and profiting by the performance who should be sued. The question of responsibility is one of fact, and the early English decisions seem confused and even contradictory. The person who has the initiative and control of a performance, particularly if he is directly the employer of the performers and hcis authority to discharge them, may be, par excellence, the infringer even if he does not know that the performance is piratical. In 1886, in Monaghan v. Taylor, the defendant was held liable for infringement because a singer employed in his music hall sang a copyright song, though the defendant did not choose or pass upon the number. Thereafter in the "copyright (musical composition) act" of 1888, it was provided that "the proprietor, tenant or occupier of any place of dramatic entertainment" shall not be liable, "unless he shall willfully cause or permit" a performance, "knowing it to be unauthorized." The courts seem disposed to acquit a mere agent of responsibility. In 1893, in French v. Day, Gregory, et al., it was held by Justice Kennedy as to a performance of "The miner's wife" asserted to be an infringement of "Lost in London," that the proprietor of the theatre, Day, "who merely used Gregory," the manager, "as his mouthpiece," was the responsible defendant. The new British code holds liable any person who for profit permits a place of entertainment to be used for an infringing performance unless he were not aware and had no reasonable grounds for suspecting it to be an infringement.

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 chief obstacle in the United States was the difficulty of reaching the "fly by night" companies, as they were called, as they flitted from state to state, and from one court jurisdiction to another. To remedy this difficulty, an important protection of the performing right in dramatic works was assured by the act of January 6, 1897, obtained largely through the efforts of Bronson Howard, as president of the American Dramatists Club. This act provided penalty of $100 for the first and $50 for each subsequent unlawful performance, and imprisonment for not exceeding one year, when such unlawful performance was willful and for profit; and also that an injunction issued in any one circuit might be enforced by any other circuit in the United States. This was in consonance with successful efforts to obtain the passage of state laws to protect dramatic and musical works, aside from the federal copyright law, obtained by the Dramatists Club between 1895 and 1905 in the states of New Hampshire, New York, Louisiana, Oregon, Pennsylvania, Ohio, New Jersey, Massachusetts, Minnesota, California, Wisconsin, Connecticut, and Michigan. These varied in form in the several states, though of the same general purport. The New York statute, for instance, adds to the penal code a new section as follows: "Sec. 729. Any person who causes to be publicly performed or represented for profit any unpublished, undedicated or copyrighted dramatic composition, or musical composition known as an opera, without the consent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpublished, undedicated or copyrighted and without the consent of its owner, or proprietor, permits, aids or takes part in such a performance or representation shall be guilty of a misdemeanor." The texts in all the states are given in full in Copyright


text:
The Tales of Mother Goose/Riquet with the Tuft

Roquete del Copete Rakontoj pri Feinoj/Riketo kun la Tufo Histoires ou Contes du temps passé (1697)/Riquet à la houppe Enrichetto dal ciuffo Хохлик (Перро/Тургенев)


text:
Green v. Van Buskirk

 * Green v. Van Buskirk (72 U.S. 307), ( 18 L.Ed. 599 ), ( 5 Wall. 307 )
 * Green v. Van Buskirk (74 U.S. 139), ( 19 L.Ed. 109 ), ( 7 Wall. 139 )

title: Green v. Van Buskirk


text: Talk:Cook v. Burnley (78 U.S. 672)

title: Talk:Cook v. Burnley (78 U.S. 672)


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, 1895,

HENRY HOLT & CO


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The Time Traveler's Story and a part of the introductory conversation appeared as a serial in the New Review. Several descriptive passages in the story had previously appeared in dialogue form in the National Observer, and the explanation of the "principles" of Time Traveling given in this book is inserted from the latter paper, I desire to make the usual acknowledgments. H. S. W.


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 {| style="text-align:center; border:2px solid red; padding:1em; margin:auto;" AND

WITH AN ENGLISH TRANSLATION BY G. G. RAMSAY, LL.D.,

 * }


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 Office Bulletin No. 3, 1906, "Copyright enactments of the United States," pages 1 05-1 15.

The American code of 1909 enacts (sec. 28) that "any person who willfully and for profit shall infringe any copyright ... or who shall knowingly and willfully aid or abet such infringement, shall be deemed guilty of a misdemeanor," punishable by "imprisonment for not exceeding one year or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both, in the discretion of the court"; and provides (sec. 25, fourth) damages "in the case of dramatic or dramatico-musical or a choral or orchestral composition, one hundred dollars for the first and fifty dollars for every subsequent infringing performance; in the case of other musical compositions, ten dollars for every infringing performance"; and also provides (sec. 36) for injunction operative throughout the United States.

In England the protection of musical properties under the acts of 1833-42 and 1882-88, had become so difficult that English music publishers threatened to cease printing new original works because of the freedom with which they could be pirated. Under the provisions of 1833, as reenacted in 1842, every infringing performance of a musical composition, as of a dramatic piece, involved liability to "an amount not less than forty shillings or the full amount of the benefit or advantage arising from such representation, or the injury or loss sustained by the plaintiff therefrom, whichever may be the greater damage," in addition to costs. The "copyright (musical compositions) act" of 1882 (45 & 46 Victoria, c. 40) had required that the right of public performance should be reserved by printed notice on each published copy and provided for a penalty of twenty pounds where the proprietor of the publishing copyright neglected, after


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 from the owner of the performing right, to print such notice. The "copyright (musical compositions) act" of 1888 (51 & 52 Victoria, c. 17) provided that the penalty or damages for every unauthorized performance of any musical composition shall, in the discretion of the court, be "reasonable" and may be less than forty shillings for each such performance, or nominal, and that the proprietor, tenant or occupier should not be liable unless "willfully" causing or permitting such unauthorized performance, "knowing it to be unauthorized," — but the act specifically excepted "any opera or stage play " from its provisions. The protest of the musical composers and publishers led to the passage of the "musical (summary proceedings copyright) act" of 1902, which authorized a constable to seize without warrant pirated copies hawked or otherwise offered for sale, on the written request and at the risk of the copyright owner or by direction of the court, and provided for their forfeiture and destruction or delivery to the owner on the decision of the court. A Musical Copyright Committee, for the consideration of these vexed questions, was appointed by the Home Office and made a report in 1904; and a further "musical copyright act " of 1906 continued the provisions stated and provided also for the seizure of plates as well as copies of pirated musical compositions and for the summary punishment of the offender by fine not exceeding five pounds and, for a repeated offense, by fine not exceeding ten pounds or imprisonment not exceeding two months, possession being proof of fraudulent intent unless the copies bore the name of a printer or publisher. Both these acts were applicable only within the United Kingdom. These provisions, in addition to those for injunction and adequate costs, have bettered the condition of musical properties in England, and


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Rh Juvenal is named—if we presume, as seems certain, that the Satirist is the person there mentioned. These epigrams show that the two poets lived on terms of friendship and familiarity with one another, but they throw no light upon Juvenal's personal history and career. In the epigram. xci. written in 93, Juvenal is styled facundus, an epithet which implies that by that time Juvenal's reputation, either as a declaimer or as an author, was established; while in  xviii. Martial contrasts his own peaceful and happy life in a rural district of Spain with the noisy, restless life led by Juvenal in the Suburra. As Martial's twelfth book was written and collected between the years 102 and 104, that date would correspond pretty closely with that estimated above for the beginning of Juvenal's literary activity. As Mr. Duff puts it, "the facts go to prove that Martial ceased to write about the time that Juvenal began."

Amid the scanty external evidence as to the life of Juvenal, it is necessary to pay some attention to the statements made in the old Biographies which are attached to many of the ancient manuscripts of Juvenal. Early scholars were inclined to attribute these Biographies, or at least the oldest of them, from which the others were copied, either to Suetonius, the author of the Lives of the first Twelve Caesars, or to Valerius Probus, a distinguished grammarian of the second century. It is xvi


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 they remain unrepealed, except as to requirement of registration, under the new British code as adopted by the House of Commons.

In most countries playright in the case of dramatic or musical works is specifically covered in the copyright statutes or protected m connection with copyright, although in Austria, Russia, Denmark and Norway, in the case of music, special notice of reservation is required, while in Australia special reservation of the performing right must be made on publication in print of drama or music.

In general, performance is differentiated from publication, and while in some countries, as above indicated, publication in printed form, especially of a musical work, may waive the exclusive right of performance, performance is generally held not to constitute publication. This view is expressly set forth in the interpretation made at Paris, 1896, of the Berne convention of 1886, whereby section 2 of the interpretative declaration defines "published works" as "works actually issued to the public." "Consequently, the representation of a dramatic or dramatico-musical work, the performance of a musical work . . . do not constitute publication." The Berlin convention of 1908 repeats the same language in article 4, prefacing it with the definition that "by published works ( ' oevres pubiées ' ) must be understood, according to the present convention, works which have been issued ( ' oeuvres éditées ' )" — the English text here given being the official translation of the U. S. Copyright Office.

In most foreign countries which include musical compositions under subjects of copyright either as covered under "literary and artistic works" or by specific mention, the general principles as to arrangements and adaptations hold in such countries.


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 countries, as Belgium, specify however "the exclusive right of making arrangements on motives of the original composition," Brazil, Luxemburg, Mexico, Nicaragua and Tunis following this precedent in nearly identical language. Germany specifically protects the "sole right of making extracts from musical works and arranging for orchestra or in parts." Spain specifies among its prohibitions "the total or partial pubUcation of melodies, with or without accompaniment, transposed or arranged for other instruments or with different words." Hungary specifies that "every arrangement of a musical work, published without the consent of the author, which cannot be considered as a composition in itself," is an infringement. Where, however, the author of a work permits or licenses an adaptation or arrangement, or an original adaptation or arrangement is made from a work in the public domain, that is properly a separate subject of copyright, as is specified in the statutes of Colombia, to the effect that "variations, etc., on a theme or air which is public property, constitutes property. Transpositions are similar to translations of literary subjects."

Dramatic and musical works were specifically ineluded under the protection of the International Copyright Convention of Berne, 1886, by the definition in article IV of "literary and artistic works" as including "dramatic or dramatico-musical works; musical compositions with or without words." In the Berlin convention, 1908, the same general term was defined in article 2 as including "dramatic or dramatico-musical works; choregraphic works and pantomimes, the stage directions ( ' mise en scene ' ) of which are fixed in writing or otherwise; musical compositions with or without words." "Adaptations, arrangements of music, etc., are specially included,"


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 in the phraseology of article X of the convention of 1886, "amongst the illicit reproductions to which the present convention applies, when they are only the reproduction of a particulcir work, in the same form, or in another form, with non-essential alterations, or abridgments, so made as not to confer the character of a new original work"; and practically the same language is repeated in article 12 of the convention of 1908. On the other hand, "adaptations, arrangements of music," etc., are protected as original works without prejudice to the rights of the author of the original work, in article 2 of the convention of 1908.

The German law of 1901 permits, however, extract from or other use of musical compositions in adaptations or arrangement under specified circumstances, as for family, social or other gratuitous performance, under the limitations of the law, which exception seems to be permitted also under the law of 1910.

Throughout the countries of the International Copyright Union, first publication in any of these countries and compliance with its formalities entitle the author to playright as well as copyright in all the other countries within the Union, with some exceptions to be noted. Thus in Switzerland the conditions of performance must be given at the head of the printed play; and the law stipulates that the author may not require as royalty more than two per cent of the gross profits, and a performance at which the admission fee is reckoned to cover only cost of production or a performance for charitable purposes, is not considered an infringement of playright. In Italy a play performed, but not printed and published, must be submitted in manuscript for inspection within three months of first performance, together with a declaration reserving the playright; a printed book or play should be deposited with accompanying


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 notice of reservation within three months, or the proprietor cannot obtain damages until such deposit, and failure to deposit within ten years abandons copyright protection. Italian proprietors of music sometimes refrain from printing and publishing music, with the intent of maintaining copyright and playright indefinitely.

In Luxemburg and Sweden, reservation of playright must be stated on printed copies, as is also the right music in these countries and in the other countries elsewhere cited. In Sweden, the term for playright is less than for copyright in the printed work, being for life and thirty years only. In Sweden and Norway, the author protecting his rights by first publication in these countries, must be a citizen of one of the countries within the International Copyright Union or must acquire rights through a publisher therein; though in the other countries of the Union, this question of nationality is immaterial. In Norway and Denmark, there must be reservation of right of recitation, but in Norway this lapses in any event at the end of three years, provided the recitation does not take the shape of a dramatic performance. In Holland and the Dutch Indies, reservation of playright must be given, and printing within the country has hitherto been required to protect a published work. In Hungary, the author of a play must give his name on the title-page or in the announcement of the play, and protection is extended to foreigners who have been for two years rate-payers and residents in Hungary, as well as those whose countries have reciprocal relations. In Finland, the author's name and reservation of playright must be given on the printed copy, and protection is extended to foreigners on condition of residence and publication in Finland.


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 Most of the smaller European countries and many South American countries, including playright under copyright, base protection on reciprocal protection of their citizens in other countries, while protection of performing rights in Brazil requires notice on printed plays of the reservation of royalty for performance. In many oriental countries, as Egypt, China, etc., protection is afforded to some extent in the consular courts.

In the Pan American Union, the Buenos Aires convention of 1910 specifically includes dramatic and musical works as literary works, without special provisions.


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 order of Foresters, and is now a much-respected honorary member of it. Within recent years he has resided in Fremantle.

Few men have had more interesting careers than Captain Thomas. To those who took life boldly in their hands, so to speak, in the twenties and thirties all respect is due, and their names will be long remembered and should be known in history. They are the Pilgrim Fathers of Western Australia. It is to be hoped that Captain Thomas will be spared for many years to the colony for which he has done so much.

ROBERT FAIRBAIRN, P.M.

N Western Australia years ago the position of a Civil Servant who hoped to rise in his profession was in some respects like that of a soldier who has to be ready to go anywhere without cavil and put his life in danger for the sake of Queen and country. As a rule the "Government stroke" is looked upon with envy by the civilian in private employment, who is prone to think that he has to work harder and longer and for less money than the servants of the State, whose comfortable offices and short hours in large cities bring a horde o[ claimants to the doors of Ministers in eager search for a vacant post. The Civil Service officer, it is true, is sometimes a spineless individual who loves routine and who clings to some subordinate office with the tenacity of a barnacle to a rock, and who would be mortally afraid at being detached from his humble and familiar sphere, but this is the kind of man who does not make any progress towards promotion. The conditions of the work required from men of calibre in this colony, the men who have shown their fitness for the charge of departments or to act as the emissaries of the Crown in affairs of delicate poise requiring a strong and well-trained judgment, have been of a far more exacting, weighty, and honourable character, and the successes which they have won by their fidelity, integrity, and intellectual powers during a long career have been and are to them what the war medal is to the soldier. In Western Australia especially promotion has been so hardly earned that it carries with it far more than the ordinary stamp of ability and zeal in what used to be a very unattractive, arduous, and ill-paid service. The colony, when the veteran of to-day who occupies a high place enlisted to devote his time and talents to the interests of the public, was impoverished and primitive in its resources. It had wild and desolate tracts of country in torrid zones, to which it sent Police Magistrates to live in tents on the hardest fare and very little pay. "Theirs not to reason why," when they were ordered to the Murchison and Kimberley as pioneer white settlers; theirs but to do and if needs be die of fever, poor nourishment, and exposure. There were no visions of a golden future to encourage them; they were sustained only by a stern sense of duty in the discouragements of their desolate lives, and now that the silver lining of the cloud has been revealed and they are placed at the head of their profession, they are by the general approval of the people acclaimed to have worthily won their way to the forefront and are fully entitled to all that they enjoy in the improved condition of the affairs o[ the colony.

Robert Fairbain, the son of John Fairbairn, of Berwickshire and Roxburghshlre, Scotland, was born in Bunbury in 1841, his family having been among the earliest settlers in that district. The lack of schools was more than compensated for by the high class private tuition which it was the lad's good fortune to receive, and which qualified him, in 1860, to accept an appointment as assistant teacher in a large school at Perth. Two years later he became Clerk of Courts in the Sussex district, of which Busselton is the centre. He discharged the duties of the position with so much assiduity and ability that in 1875 he was promoted to the bench as Acting Resident Magistrate of the Greenough district, Victoria division, Champion Bay. A notable incident in connection with his experiences in this part of the colony arose out of the alleged lead poisoning of a number of miners employed on the Geraldine mines. A report was made to the Government on the ground that the mine-owners failed to supply pure water to the men, and that they were suffering from dangerous impregnations in their domestic supply. The charge was of too serious a nature to be lightly passed over, and Mr. Fairbairn, Mr. Elliott, Government resident, and Dr. Elliott, medical officer, were invested with special powers to enable them to make a thorough investigation in the interests of the mining community.

About that time a report was made to the Government of abuses in connection with the coloured labour engaged in the pearling industry at Sharks Bay. The Cabinet resolved that a full investigation should be made for the information of the Crown, and Mr. Fairbairn was appointed to undertake the responsible task, which he carried out to the entire satisfaction of those who reposed so much confidence in his acumen and judicial impartiality. He

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text: Talk:Moore v. Robbins (85 U.S. 588)

title: Talk:Moore v. Robbins (85 U.S. 588)


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HE man who made the Time Machine—the man I shall call the Time Traveler—was well known in scientific circles a few years since, and the fact of his disappearance is also well known. He was a mathematician of peculiar subtlety, and one of our most conspicuous investigators in molecular physics. He did not confine himself to abstract science. Several ingenious, and one or two profitable, patents were his: very profitable they were, these last, as his handsome house at Richmond testified. To those who


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QUEER thing I soon discovered about my little hosts, and that was their lack of interest. They would come to me with eager cries of astonishment, like children, but, like children, they would soon stop examining me, and wander away after some other toy. The dinner and my conversational beginnings ended, I noted for the first time that almost all those who had surrounded me at first were gone. It is odd, too, how speedily I came to disregard these little people. I went out through the portal into the sunlit world again as soon as my hunger was satisfied. I was continually meeting more of these men of the future, who would follow 63


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N another moment we were standing face to face, I and this fragile thing out of futurity. He came straight up to me and laughed into my eyes. The absence of any sign of fear from his bearing struck me at once. Then he turned to the two others who were following him and spoke to them in a strange and very sweet and liquid tongue.

"There were others coming, and presently a little group of perhaps eight or ten of these exquisite creatures were about me. One of them addressed me. It came into my head, oddly enough, that my voice was too harsh and deep for them. So I shook my head, and pointing to my 52


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TOLD some of you last Thursday of the principles of the Time Machine, and showed you the actual thing itself, incomplete, in the workshop. There it is now, a little travel-worn, truly; and one of the ivory bars is cracked, and a brass rail bent; but the rest of it is sound enough. I expected to finish it on Friday; but on Friday, when the putting together was nearly done, I found that one of the nickel bars was exactly one inch too short, and this I had to get re-made; so that the thing was not complete until this morning. It was at ten o'clock to-day that the first of all Time Machines began its career. I gave it a last tap, tried all the screws again, 38


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HAVE already told you of the sickness and confusion that comes with time traveling. And this time I was not seated properly in the saddle, but sideways and in an unstable fashion. For an indefinite time I clung to the machine as it swayed and vibrated, quite unheeding how I went, and when I brought myself to look at the dials again I was amazed to find where I had arrived. One dial records days, another thousands of days, another millions of days, and another thousands of millions. Now instead of reversing the levers I had pulled them over so as to go forward with them, and when I came to look at these indicators I found that the 192


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O about eight or nine in the morning I came to the same seat of yellow metal from which I had viewed the world upon the evening of my arrival. I thought of my hasty conclusions upon that evening and could not refrain from laughing bitterly at my confidence. Here was the same beautiful scene, the same abundant foliage, the same splendid palaces and magnificent ruins, the same silver river running between its fertile banks. The gay robes of the beautiful people moved hither and thither among the trees. Some were bathing in exactly the place where I had saved Weena, and that suddenly gave me a keen stab of pain. And like blots upon the landscape rose 185