text:
Cook v. Burnley (78 U.S. 672)/Opinion of the Court

Final process is never issued by this court in the exercise of its appellate jurisdiction, except in cases where a State has once refused to execute the mandate of the court. Instead of that the mandate is transmitted to the subordinate court, and where the directions contained in the mandate are precise and unambiguous, it is the duty of the subordinate court to carry it into execution, and not to look elsewhere to change its meaning.

Two causes are assigned for the motion to dismiss the present writ, which is a second writ of error in the case sued out by the same party: (1.) Because the writ of error is not prosecuted from any final judgment in the cause. (2.) Because the writ is sued out to reverse an order of the Circuit Court carrying into effect the mandate of this court.

Where the subordinate court commits any substantial error in executing the mandate of the Supreme Court, it is well-settled law that a second writ of error or appeal, as the case may be, will lie to correct the error, and to cause the mandate to be executed according to its tenor and effect.

Ejectment was brought on the 13th of June, 1859, by the present defendants, or one of them and the testator of the other two, in the District Court of the United States for that district, to recover the possession of certain lands described in the petition filed in that court on that day. Process was issued, and the same having been served, the defendants appeared and made defence, and the parties went to trial. Under the rulings of the court the verdict and judgment were for the plaintiffs, and the defendants sued out a writ of error and removed the cause into this court.

Prior to the institution of that suit Texas was divided into two judicial districts, called the Eastern and Western, and the acts of Congress creating those districts provided to the effect that the district judge, whether sitting in the one or the other, might exercise Circuit Court powers.

Subsequent to the removal of the cause into this court, Texas was included in the sixth circuit, and all acts which vested in the District Courts of the United States for the District of Texas the power and jurisdiction of Circuit Courts was repealed, and the third section of the act provided that all actions, suits, prosecutions, causes, pleas, process, and other proceedings relative to any cause, civil or criminal,. . . shall be and are declared to be respectively transferred, returnable, and continued to the several Circuit Courts constituted by that act.

When reached in order, the cause as removed here by the first writ of error was heard, and this court affirmed the judgment rendered by the District Court before the acts of Congress giving that court Circuit Court powers were repealed. Judgment was entered in that court on the 30th of June, 1859, before the State was included in the sixth circuit, but the act including the State in the sixth circuit passed before the judgment was affirmed in this court. Consequently the mandate of this court was transmitted to the Circuit Court of that district, as required by the third section of the act.

Reference to the present record will show that the mandate as transmitted was duly received and recorded, and of course the judgment was duly affirmed, but objection is taken by the defendants in the judgment to the subsequent action of the court.

Suggestion was made by the plaintiffs in the suit that the original petition was lost, and they moved for leave to file a copy of the same, and for a writ of possession to carry the judgment as affirmed into execution.

Objection was made by the defendants to the motion, and the parties having been heard, the court took the matter under advisement, but finally passed an order that the copy of the original petition filed by the plaintiffs be adjudged to be the petition therein, and that the writ of possession, as prayed for, do issue. Such was the decision of the court, and the same was subsequently entered as a decree, and the defendants sued out a writ of error, and removed the cause into this court to reverse that decree. Sued out, as the writ of error was, to reverse that decree, the present defendants have filed a motion to dismiss it for the reasons assigned, and the court is of the opinion that the motion must be granted.

Nothing can be more certain, in legal decision, than the proposition that an application to supply a lost writ, declaration, or other pleading, if accompanied by proof of loss, is in general addressed to the discretion of the court, and it is well-settled law, that decisions which rest in the discretion of a court of original jurisdiction, cannot be re-examined in an appellate court upon a writ of error.

Secondary evidence of a lost record, as well as of any other instrument, is admissible after proof of the loss; but in this case the plaintiffs filed a copy from the record of the case transmitted to this court, and the Circuit Court was quite right in allowing the loss of the petition to be supplied.

Certainly it was not error to grant a writ of possession, as that was but executing the express directions of the mandate, and surely it will not be argued that it was error to order to be done what this court had commanded should be done by its mandate.

Suppose all the foregoing conclusions are correct, still it is contended that the writ of error cannot be dismissed because it is a writ of error sued out under the twenty-second section of the Judiciary Act, which, it is said, brings up the whole record.

Undoubtedly, it is true that the first writ of error was sued out under that section, and that such a writ does bring up the whole record, and it is well settled that it is no ground to dismiss the writ of error because there is no bill of exceptions, agreed statement of facts, or material demurrer in the record presenting any question of law for the decision of the appellate court, as the absence of every such question is good cause for affirming the judgment, but it is not a good ground for dismissing the writ of error.

Grant that, still the second writ of error, though issued under the twenty-second section of the Judiciary Act, does not bring up the whole record for re-examination. On the contrary, it is equally well settled that the second writ of error brings up nothing for revision except the proceedings subsequent to the mandate; and it follows that if those proceedings are merely such as the mandate commanded, and were necessary to the execution of the mandate, the writ of error will be dismissed, as any other rule would enable the losing party to delay the execution of the mandate indefinitely, which cannot be admitted.

MOTION TO DISMISS GRANTED.


text: Talk:Cook v. Burnley (78 U.S. 672)/Opinion of the Court

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


text:
Whiteley v. Kirby

APPEAL from the Circuit Court for the Southern District of Ohio.

Kirby and Osborn filed a bill in the court below against Whiteley and others, to enjoin them from infringing their patent, originally issued to Byron Dinsmore, February 10, 1852, assigned to them the complainants, Kirby and Osborn, July 2, 1859, and surrendered and reissued 28th January, 1862. The court granted the injunction, and the defendants appealed.

Mr. S. Fisher, for the appellants; Mr. David Wright, contra.

Mr. Justice NELSON delivered the opinion of the court.

title: Whiteley v. Kirby


text: Talk:Whiteley v. Kirby

title: Talk:Whiteley v. Kirby


text:
Whiteley v. Kirby/Opinion of the Court

The patent is for improvements in harvesting and mowing machines, and consists chiefly in this, namely: the construction and combination of two frames, the one for supporting the driving-wheel, and the other for supporting the cutting apparatus, and hinging the same together in such a manner that the driving-wheel and cutting apparatus may each follow the inequalities of the ground independently of each other, and to be bolted rigidly together for supporting the cutting apparatus at any desired height. After giving a description of the machine sufficiently exact and precise as to enable any one skilled in the art to construct it, the claim is as follows:

'The hanging of the driving-wheel in a supplemental frame, or its equivalent, which is hinged at one end to the main frame, whilst its opposite end may be adjusted and secured at various heights, or be left free, as desired, whereby the cutting apparatus may be held at any given height for reaping, or be left free to accommodate itself to the undulations of the ground, for mowing, as substantially described.'

The surrender of this patent was made by the assignees on account of a defect in the claim, the patentee having failed to embrace within it the hanging of the driving-wheel in the supplemental frame, and its connections with the main frame to which the cutting apparatus is attached, and by means of which both the driving-wheel and cutting apparatus were made to following the inequalities of the ground independently of each other. These devices were fully described in the specification, drawings, and model, and were embodied in the construction of the first machines. The patent, we have seen, was granted February 10, 1852. The first machine was built and successfully tried in the harvest of 1850. Twenty-one were made and sold the next year (1851), and fifty or sixty the year following, all entirely successful.

The defendants set up in their answer, and gave in evidence two patents for harvesters, which they claimed antedated this invention of Dinsmore.

The first, Nelson Platt's, of La Salle County, Illinois, June 12, 1849; the second, Alfred Churchill's, Kane County, same State, March 3, 1841. There is no proof in the record in respect to these patents. Whether any machine was ever constructed under either of them, or went into practical use if constructed, or whether each were but an imperfect and abandoned experiment, are matters apparently regarded by the counsel who introduced them as of no great importance. Nothing appears to be known in respect to them, except that they were found among the records of the patent office, and have relation to the subject of grain harvesters. Whatever may have been their merit, however, as harvesters, they can have no material bearing that we can perceive upon this invention of the complainants, for, as it respects the peculiar device for which the present patent was granted, it is not to be found in either of them; neither in the specification or claims.

A rejected specification and drawing were also given in evidence of E. P. Covett, of Philadelphia, on the part of the defendants, on the point novelty; but this was an application made to the patent office as late as 1852, two years after the invention of Dinsmore.

This closes all the evidence in the case on the question of novelty, and which requires no further comment.

The only remaining question is as to the infringement. The defendants' answer itself goes far towards making out an infringement, stripped of the coloring generally given to a case stated in the pleadings. It is admitted, the defendants' harvester is constructed with a main frame which carries the working parts of the machine-that is, the cutting apparatus-and to this main frame is attached a secondary (supplemental) frame, which carries the driving-wheel. The secondary frame, it is said, is not left free to play up and down, but is prolonged beyond the driving-wheel to a standard in the form of an arc, that rises from the rear of the main frame. This standard is provided at various heights with holes, which secure said secondary frame, and with it, the axle of the driving-wheel, at certain fixed distances above the main frame. Defendants say that their driving-wheel is not hung upon a crank shaft, and that their main and secondary frames are hinged in the opposite direction from that in which they are attached in the machine patented to Dinsmore. We have a model of the defendants' machine before us, and the above is a pretty fair description of it; and it will be seen to embrace every substantial element found in the construction and arrangement of the Dinsmore machine. There are the two frames, the main and secondary, or supplemental, the one supporting the cutting apparatus, the other the driving-wheel, hinging the two frames together in such a way that the driving-wheel and cutting apparatus may each follow the inequalities of the ground independently of each other, and may also be bolted rigidly together for supporting the cutting apparatus at any fixed height. Every advantage in reaping or mowing uneven or stony ground by the new and peculiar device of Dinsmore in the construction and arrangement of his machine, is found in that of the defendants. The form in some parts is changed, their two frames are hinged at different ends, different names are given to the same things, and different mechanical arrangements in the gearing are used to produce corresponding results, and, as is claimed, better results, although we perceive no evidence of this in the record.

An expert, Mr. Young, an experienced machinist, engaged in building this class of machines, who had a model of the defendants before him, was inquired of if he found in its construction two powers-the one for supporting the driving-wheel, and the other for supporting the cutting apparatus? He answered that he did. He was inquired of if he found the two frames hinged together in such a manner that the driving-wheel and cutting apparatus may each follow the irregularities of the ground independently; and also, if they were bolted rigidly together for supporting the cutting apparatus at any desired height? He answered that he did. He was asked if he found the driving-wheel represented in the model as hung in a supplementary frame? He answered that he did. Also, if he found the supplementary frame hinged at one end to the main frame? He answered that he did, and that its opposite end could be adjusted at various heights, or left free, as desired. Do you find these several parts so constructed and arranged that the cutting apparatus may be held at any desired height for reaping, or be left free to accommodate itself to the undulations of the ground, for mowing? He answered he did.

Another witness, Mr. Dunning, supports in all respects the evidence above given; and there is no substantial contradiction of this account of the construction and arrangement of the defendants' machine.

There is a good deal of conflicting evidence on a point that is not at all controlling in the case, namely: whether the defendants' machine would work well in mowing without adjusting the wheel frame to the standard firmly at a given height. There are respectable witnesses on both sides of this question.

DECREE AFFIRMED.

title: Whiteley v. Kirby/Opinion of the Court


text: Talk:Whiteley v. Kirby/Opinion of the Court


text: Legal Tender Cases

title: Legal Tender Cases


text: Talk:Legal Tender Cases

title: Talk:Legal Tender Cases


text:
Legal Tender Cases/Opinion of the Court

In these cases (Knox v. Lee and Parker v. Davis), two questions were some time since directed to be argued, namely: 1st. Is the act of Congress known as the Legal Tender Act constitutional as to contracts made before its passage? 2d. Is it valid as applicable to transactions since its passage?

The questions were accordingly argued by Mr. Akerman, Attorney-General, in the affirmative, and by Mr. Clarkson N. Potter on the other side; and, having been considered by THE COURT, both were adjudged in the affirmative, and judgments entered accordingly.

The CHIEF JUSTICE, with Associate Justices NELSON, CLIFFORD, and FIELD, dissented from the majority of the court, upon both propositions and the result, holding that the act of Congress, so far as applicable to contracts made before its passage, was repugnant to the Constitution and void; and also, that it was repugnant to the Constitution and void, so far as applicable to contracts made since its passage.

No opinion of the court nor any reasons for dissent were now given. It was stated, however, that they would be read hereafter, before the close of the term. The case, along with a few others crowded for want of space from this volume, will be reported in a subsequent one.

title: Legal Tender Cases/Opinion of the Court


text: Talk:Legal Tender Cases/Opinion of the Court


text:
Page:A short history of social life in England.djvu/64

44 modern puttees than stockings. Indispensable to the woman of the period was the bright-coloured hood, couvre-chef, or kerchief, with which she invariably covered her neck and head. In bad weather the hood was likewise adopted by men, who ordinarily went bare-headed, taking great pride in their long hair and beards, which they divided in the middle and combed with care.

For ornaments of the living at this early period of civilisation we have ever to go to the dead. They were buried in graves arranged in rows, over which low mounds were raised, as is the custom to-day. Here they have been found—these tall, big-boned ancestors of ours—lying on their backs, sometimes in wooden coffins, more often in the bare earth, all in full dress: the men with sword and spear, women with ornaments and jewels. Still we find the idea that material possessions will be available in a future life: that warriors would need their carving knives and drinking-horns in Walhalla, while those who were doomed to the cold shades of Hel might find compensation in past earthly splendour. It is unnecessary to add that the advent of Christianity ended this custom.


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Page:A short history of social life in England.djvu/65

Rh Such then, very briefly, were the manners and customs of our forefathers who made their homes in England during the fifth and sixth centuries. They were blue-eyed, fair-haired giants, sturdy pagans, fierce warriors, fearless lovers of sea and storm, reckless of life for life's sake, ever ready to suffer and if need be to die for one of the Blood. Brave, valorous, energetic, cheerful, if devoid of mercy and pity, they have bequeathed that force of character and "grit" to their successors—qualities which have carried England's sons successfully through unequal contest and inconceivable hardship, enabling them to ride fearlessly through surf and storm, and with dogged perseverance to build up new homes in distant lands, carving out the destiny of the British Empire, even as their forefathers carved out the destiny of England.

From the shores of the North Sea came our ideas of freedom, our right of free meeting, of free speech, free thought, free work. It is with respect akin to reverence that we look back across the stretch of over a thousand years to see in the Meeting of the Wise Men the germ of our Parliament to-day. On the other hand, it is not without anguish that we realise how completely


text:
United States Code/Title 11/Chapter 5/Section 524

§ 524. Effect of discharge

 * (a) A discharge in a case under this title—
 * (1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;
 * (2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and
 * (3) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541 (a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228 (a)(1), or 1328 (a)(1), or that would be so excepted, determined in accordance with the provisions of sections 523 (c) and 523 (d) of this title, in a case concerning the debtor’s spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.

 * (b) Subsection (a)(3) of this section does not apply if—
 * (1)
 * (A) the debtor’s spouse is a debtor in a case under this title, or a bankrupt or a debtor in a case under the Bankruptcy Act, commenced within six years of the date of the filing of the petition in the case concerning the debtor; and
 * (B) the court does not grant the debtor’s spouse a discharge in such case concerning the debtor’s spouse; or
 * (2)
 * (A) the court would not grant the debtor’s spouse a discharge in a case under chapter 7 of this title concerning such spouse commenced on the date of the filing of the petition in the case concerning the debtor; and
 * (B) a determination that the court would not so grant such discharge is made by the bankruptcy court within the time and in the manner provided for a determination under section 727 of this title of whether a debtor is granted a discharge.

 * (c) An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is enforceable only to any extent enforceable under applicable nonbankruptcy law, whether or not discharge of such debt is waived, only if—
 * (1) such agreement was made before the granting of the discharge under section 727, 1141, 1228, or 1328 of this title;
 * (2) the debtor received the disclosures described in subsection (k) at or before the time at which the debtor signed the agreement;
 * (3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that—
 * (A) such agreement represents a fully informed and voluntary agreement by the debtor;
 * (B) such agreement does not impose an undue hardship on the debtor or a dependent of the debtor; and
 * (C) the attorney fully advised the debtor of the legal effect and consequences of—
 * (i) an agreement of the kind specified in this subsection; and
 * (ii) any default under such an agreement;
 * (4) the debtor has not rescinded such agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim;
 * (5) the provisions of subsection (d) of this section have been complied with; and
 * (6)
 * (A) in a case concerning an individual who was not represented by an attorney during the course of negotiating an agreement under this subsection, the court approves such agreement as—
 * (i) not imposing an undue hardship on the debtor or a dependent of the debtor; and
 * (ii) in the best interest of the debtor.
 * (B) Subparagraph (A) shall not apply to the extent that such debt is a consumer debt secured by real property.

 * (d) In a case concerning an individual, when the court has determined whether to grant or not to grant a discharge under section 727, 1141, 1228, or 1328 of this title, the court may hold a hearing at which the debtor shall appear in person. At any such hearing, the court shall inform the debtor that a discharge has been granted or the reason why a discharge has not been granted. If a discharge has been granted and if the debtor desires to make an agreement of the kind specified in subsection (c) of this section and was not represented by an attorney during the course of negotiating such agreement, then the court shall hold a hearing at which the debtor shall appear in person and at such hearing the court shall—
 * (1) inform the debtor—
 * (A) that such an agreement is not required under this title, under nonbankruptcy law, or under any agreement not made in accordance with the provisions of subsection (c) of this section; and
 * (B) of the legal effect and consequences of—
 * (i) an agreement of the kind specified in subsection (c) of this section; and
 * (ii) a default under such an agreement; and
 * (2) determine whether the agreement that the debtor desires to make complies with the requirements of subsection (c)(6) of this section, if the consideration for such agreement is based in whole or in part on a consumer debt that is not secured by real property of the debtor.

 * (e) Except as provided in subsection (a)(3) of this section, discharge of a debt of the debtor does not affect the liability of any other entity on, or the property of any other entity for, such debt.

 * (f) Nothing contained in subsection (c) or (d) of this section prevents a debtor from voluntarily repaying any debt.

 * (g)
 * (1)
 * (A) After notice and hearing, a court that enters an order confirming a plan of reorganization under chapter 11 may issue, in connection with such order, an injunction in accordance with this subsection to supplement the injunctive effect of a discharge under this section.
 * (B) An injunction may be issued under subparagraph (A) to enjoin entities from taking legal action for the purpose of directly or indirectly collecting, recovering, or receiving payment or recovery with respect to any claim or demand that, under a plan of reorganization, is to be paid in whole or in part by a trust described in paragraph (2)(B)(i), except such legal actions as are expressly allowed by the injunction, the confirmation order, or the plan of reorganization.
 * (2)
 * (A) Subject to subsection (h), if the requirements of subparagraph (B) are met at the time an injunction described in paragraph (1) is entered, then after entry of such injunction, any proceeding that involves the validity, application, construction, or modification of such injunction, or of this subsection with respect to such injunction, may be commenced only in the district court in which such injunction was entered, and such court shall have exclusive jurisdiction over any such proceeding without regard to the amount in controversy.
 * (B) The requirements of this subparagraph are that—
 * (i) the injunction is to be implemented in connection with a trust that, pursuant to the plan of reorganization—
 * (I) is to assume the liabilities of a debtor which at the time of entry of the order for relief has been named as a defendant in personal injury, wrongful death, or property-damage actions seeking recovery for damages allegedly caused by the presence of, or exposure to, asbestos or asbestos-containing products;
 * (II) is to be funded in whole or in part by the securities of 1 or more debtors involved in such plan and by the obligation of such debtor or debtors to make future payments, including dividends;
 * (III) is to own, or by the exercise of rights granted under such plan would be entitled to own if specified contingencies occur, a majority of the voting shares of—
 * (aa) each such debtor;
 * (bb) the parent corporation of each such debtor; or
 * (cc) a subsidiary of each such debtor that is also a debtor; and
 * (IV) is to use its assets or income to pay claims and demands; and
 * (ii) subject to subsection (h), the court determines that—
 * (I) the debtor is likely to be subject to substantial future demands for payment arising out of the same or similar conduct or events that gave rise to the claims that are addressed by the injunction;
 * (II) the actual amounts, numbers, and timing of such future demands cannot be determined;
 * (III) pursuit of such demands outside the procedures prescribed by such plan is likely to threaten the plan’s purpose to deal equitably with claims and future demands;
 * (IV) as part of the process of seeking confirmation of such plan—
 * (aa) the terms of the injunction proposed to be issued under paragraph (1)(A), including any provisions barring actions against third parties pursuant to paragraph (4)(A), are set out in such plan and in any disclosure statement supporting the plan; and
 * (bb) a separate class or classes of the claimants whose claims are to be addressed by a trust described in clause (i) is established and votes, by at least 75 percent of those voting, in favor of the plan; and
 * (V) subject to subsection (h), pursuant to court orders or otherwise, the trust will operate through mechanisms such as structured, periodic, or supplemental payments, pro rata distributions, matrices, or periodic review of estimates of the numbers and values of present claims and future demands, or other comparable mechanisms, that provide reasonable assurance that the trust will value, and be in a financial position to pay, present claims and future demands that involve similar claims in substantially the same manner.
 * (3)
 * (A) If the requirements of paragraph (2)(B) are met and the order confirming the plan of reorganization was issued or affirmed by the district court that has jurisdiction over the reorganization case, then after the time for appeal of the order that issues or affirms the plan—
 * (i) the injunction shall be valid and enforceable and may not be revoked or modified by any court except through appeal in accordance with paragraph (6);
 * (ii) no entity that pursuant to such plan or thereafter becomes a direct or indirect transferee of, or successor to any assets of, a debtor or trust that is the subject of the injunction shall be liable with respect to any claim or demand made against such entity by reason of its becoming such a transferee or successor; and
 * (iii) no entity that pursuant to such plan or thereafter makes a loan to such a debtor or trust or to such a successor or transferee shall, by reason of making the loan, be liable with respect to any claim or demand made against such entity, nor shall any pledge of assets made in connection with such a loan be upset or impaired for that reason;
 * (B) Subparagraph (A) shall not be construed to—
 * (i) imply that an entity described in subparagraph (A)(ii) or (iii) would, if this paragraph were not applicable, necessarily be liable to any entity by reason of any of the acts described in subparagraph (A);
 * (ii) relieve any such entity of the duty to comply with, or of liability under, any Federal or State law regarding the making of a fraudulent conveyance in a transaction described in subparagraph (A)(ii) or (iii); or
 * (iii) relieve a debtor of the debtor’s obligation to comply with the terms of the plan of reorganization, or affect the power of the court to exercise its authority under sections 1141 and 1142 to compel the debtor to do so.
 * (4)
 * (A)
 * (i) Subject to subparagraph (B), an injunction described in paragraph (1) shall be valid and enforceable against all entities that it addresses.
 * (ii) Notwithstanding the provisions of section 524 (e), such an injunction may bar any action directed against a third party who is identifiable from the terms of such injunction (by name or as part of an identifiable group) and is alleged to be directly or indirectly liable for the conduct of, claims against, or demands on the debtor to the extent such alleged liability of such third party arises by reason of—
 * (I) the third party’s ownership of a financial interest in the debtor, a past or present affiliate of the debtor, or a predecessor in interest of the debtor;
 * (II) the third party’s involvement in the management of the debtor or a predecessor in interest of the debtor, or service as an officer, director or employee of the debtor or a related party;
 * (III) the third party’s provision of insurance to the debtor or a related party; or
 * (IV) the third party’s involvement in a transaction changing the corporate structure, or in a loan or other financial transaction affecting the financial condition, of the debtor or a related party, including but not limited to—
 * (aa) involvement in providing financing (debt or equity), or advice to an entity involved in such a transaction; or
 * (bb) acquiring or selling a financial interest in an entity as part of such a transaction.
 * (iii) As used in this subparagraph, the term “related party” means—
 * (I) a past or present affiliate of the debtor;
 * (II) a predecessor in interest of the debtor; or
 * (III) any entity that owned a financial interest in—
 * (aa) the debtor;
 * (bb) a past or present affiliate of the debtor; or
 * (cc) a predecessor in interest of the debtor.
 * (B) Subject to subsection (h), if, under a plan of reorganization, a kind of demand described in such plan is to be paid in whole or in part by a trust described in paragraph (2)(B)(i) in connection with which an injunction described in paragraph (1) is to be implemented, then such injunction shall be valid and enforceable with respect to a demand of such kind made, after such plan is confirmed, against the debtor or debtors involved, or against a third party described in subparagraph (A)(ii), if—
 * (i) as part of the proceedings leading to issuance of such injunction, the court appoints a legal representative for the purpose of protecting the rights of persons that might subsequently assert demands of such kind, and
 * (ii) the court determines, before entering the order confirming such plan, that identifying such debtor or debtors, or such third party (by name or as part of an identifiable group), in such injunction with respect to such demands for purposes of this subparagraph is fair and equitable with respect to the persons that might subsequently assert such demands, in light of the benefits provided, or to be provided, to such trust on behalf of such debtor or debtors or such third party.
 * (5) In this subsection, the term “demand” means a demand for payment, present or future, that—
 * (A) was not a claim during the proceedings leading to the confirmation of a plan of reorganization;
 * (B) arises out of the same or similar conduct or events that gave rise to the claims addressed by the injunction issued under paragraph (1); and
 * (C) pursuant to the plan, is to be paid by a trust described in paragraph (2)(B)(i).
 * (6) Paragraph (3)(A)(i) does not bar an action taken by or at the direction of an appellate court on appeal of an injunction issued under paragraph (1) or of the order of confirmation that relates to the injunction.
 * (7) This subsection does not affect the operation of section 1144 or the power of the district court to refer a proceeding under section 157 of title 28 or any reference of a proceeding made prior to the date of the enactment of this subsection.

 * (h) Application to Existing Injunctions.— For purposes of subsection (g)—
 * (1) subject to paragraph (2), if an injunction of the kind described in subsection (g)(1)(B) was issued before the date of the enactment of this Act, as part of a plan of reorganization confirmed by an order entered before such date, then the injunction shall be considered to meet the requirements of subsection (g)(2)(B) for purposes of subsection (g)(2)(A), and to satisfy subsection (g)(4)(A)(ii), if—
 * (A) the court determined at the time the plan was confirmed that the plan was fair and equitable in accordance with the requirements of section 1129 (b);
 * (B) as part of the proceedings leading to issuance of such injunction and confirmation of such plan, the court had appointed a legal representative for the purpose of protecting the rights of persons that might subsequently assert demands described in subsection (g)(4)(B) with respect to such plan; and
 * (C) such legal representative did not object to confirmation of such plan or issuance of such injunction; and
 * (2) for purposes of paragraph (1), if a trust described in subsection (g)(2)(B)(i) is subject to a court order on the date of the enactment of this Act staying such trust from settling or paying further claims—
 * (A) the requirements of subsection (g)(2)(B)(ii)(V) shall not apply with respect to such trust until such stay is lifted or dissolved; and
 * (B) if such trust meets such requirements on the date such stay is lifted or dissolved, such trust shall be considered to have met such requirements continuously from the date of the enactment of this Act.

 * (i) The willful failure of a creditor to credit payments received under a plan confirmed under this title, unless the order confirming the plan is revoked, the plan is in default, or the creditor has not received payments required to be made under the plan in the manner required by the plan (including crediting the amounts required under the plan), shall constitute a violation of an injunction under subsection (a)(2) if the act of the creditor to collect and failure to credit payments in the manner required by the plan caused material injury to the debtor.

 * (j) Subsection (a)(2) does not operate as an injunction against an act by a creditor that is the holder of a secured claim, if—
 * (1) such creditor retains a security interest in real property that is the principal residence of the debtor;
 * (2) such act is in the ordinary course of business between the creditor and the debtor; and
 * (3) such act is limited to seeking or obtaining periodic payments associated with a valid security interest in lieu of pursuit of in rem relief to enforce the lien.

 * (k)
 * (1) The disclosures required under subsection (c)(2) shall consist of the disclosure statement described in paragraph (3), completed as required in that paragraph, together with the agreement specified in subsection (c), statement, declaration, motion and order described, respectively, in paragraphs (4) through (8), and shall be the only disclosures required in connection with entering into such agreement.
 * (2) Disclosures made under paragraph (1) shall be made clearly and conspicuously and in writing. The terms “Amount Reaffirmed” and “Annual Percentage Rate” shall be disclosed more conspicuously than other terms, data or information provided in connection with this disclosure, except that the phrases “Before agreeing to reaffirm a debt, review these important disclosures” and “Summary of Reaffirmation Agreement” may be equally conspicuous. Disclosures may be made in a different order and may use terminology different from that set forth in paragraphs (2) through (8), except that the terms “Amount Reaffirmed” and “Annual Percentage Rate” must be used where indicated.
 * (3) The disclosure statement required under this paragraph shall consist of the following:
 * (A) The statement: “Part A: Before agreeing to reaffirm a debt, review these important disclosures:”;
 * (B) Under the heading “Summary of Reaffirmation Agreement”, the statement: “This Summary is made pursuant to the requirements of the Bankruptcy Code”;
 * (C) The “Amount Reaffirmed”, using that term, which shall be—
 * (i) the total amount of debt that the debtor agrees to reaffirm by entering into an agreement of the kind specified in subsection (c), and
 * (ii) the total of any fees and costs accrued as of the date of the disclosure statement, related to such total amount.
 * (D) In conjunction with the disclosure of the “Amount Reaffirmed”, the statements—
 * (i) “The amount of debt you have agreed to reaffirm”; and
 * (ii) “Your credit agreement may obligate you to pay additional amounts which may come due after the date of this disclosure. Consult your credit agreement.”.
 * (E) The “Annual Percentage Rate”, using that term, which shall be disclosed as—
 * (i) if, at the time the petition is filed, the debt is an extension of credit under an open end credit plan, as the terms “credit” and “open end credit plan” are defined in section 103 of the Truth in Lending Act, then—
 * (I) the annual percentage rate determined under paragraphs (5) and (6) of section 127(b) of the Truth in Lending Act, as applicable, as disclosed to the debtor in the most recent periodic statement prior to entering into an agreement of the kind specified in subsection (c) or, if no such periodic statement has been given to the debtor during the prior 6 months, the annual percentage rate as it would have been so disclosed at the time the disclosure statement is given to the debtor, or to the extent this annual percentage rate is not readily available or not applicable, then
 * (II) the simple interest rate applicable to the amount reaffirmed as of the date the disclosure statement is given to the debtor, or if different simple interest rates apply to different balances, the simple interest rate applicable to each such balance, identifying the amount of each such balance included in the amount reaffirmed, or
 * (III) if the entity making the disclosure elects, to disclose the annual percentage rate under subclause (I) and the simple interest rate under subclause (II); or
 * (ii) if, at the time the petition is filed, the debt is an extension of credit other than under an open end credit plan, as the terms “credit” and “open end credit plan” are defined in section 103 of the Truth in Lending Act, then—
 * (I) the annual percentage rate under section 128(a)(4) of the Truth in Lending Act, as disclosed to the debtor in the most recent disclosure statement given to the debtor prior to the entering into an agreement of the kind specified in subsection (c) with respect to the debt, or, if no such disclosure statement was given to the debtor, the annual percentage rate as it would have been so disclosed at the time the disclosure statement is given to the debtor, or to the extent this annual percentage rate is not readily available or not applicable, then
 * (II) the simple interest rate applicable to the amount reaffirmed as of the date the disclosure statement is given to the debtor, or if different simple interest rates apply to different balances, the simple interest rate applicable to each such balance, identifying the amount of such balance included in the amount reaffirmed, or
 * (III) if the entity making the disclosure elects, to disclose the annual percentage rate under (I) and the simple interest rate under (II).
 * (F) If the underlying debt transaction was disclosed as a variable rate transaction on the most recent disclosure given under the Truth in Lending Act, by stating “The interest rate on your loan may be a variable interest rate which changes from time to time, so that the annual percentage rate disclosed here may be higher or lower.”.
 * (G) If the debt is secured by a security interest which has not been waived in whole or in part or determined to be void by a final order of the court at the time of the disclosure, by disclosing that a security interest or lien in goods or property is asserted over some or all of the debts the debtor is reaffirming and listing the items and their original purchase price that are subject to the asserted security interest, or if not a purchase-money security interest then listing by items or types and the original amount of the loan.
 * (H) At the election of the creditor, a statement of the repayment schedule using 1 or a combination of the following—
 * (i) by making the statement: “Your first payment in the amount of $XXX is due on XXX but the future payment amount may be different. Consult your reaffirmation agreement or credit agreement, as applicable.”, and stating the amount of the first payment and the due date of that payment in the places provided;
 * (ii) by making the statement: “Your payment schedule will be:”, and describing the repayment schedule with the number, amount, and due dates or period of payments scheduled to repay the debts reaffirmed to the extent then known by the disclosing party; or
 * (iii) by describing the debtor’s repayment obligations with reasonable specificity to the extent then known by the disclosing party.
 * (I) The following statement: “Note: When this disclosure refers to what a creditor ‘may’ do, it does not use the word ‘may’ to give the creditor specific permission. The word ‘may’ is used to tell you what might occur if the law permits the creditor to take the action. If you have questions about your reaffirming a debt or what the law requires, consult with the attorney who helped you negotiate this agreement reaffirming a debt. If you don’t have an attorney helping you, the judge will explain the effect of your reaffirming a debt when the hearing on the reaffirmation agreement is held.”.
 * (J)
 * (i) The following additional statements:
 * “Reaffirming a debt is a serious financial decision. The law requires you to take certain steps to make sure the decision is in your best interest. If these steps are not completed, the reaffirmation agreement is not effective, even though you have signed it.
 * “1. Read the disclosures in this Part A carefully. Consider the decision to reaffirm carefully. Then, if you want to reaffirm, sign the reaffirmation agreement in Part B (or you may use a separate agreement you and your creditor agree on).
 * “2. Complete and sign Part D and be sure you can afford to make the payments you are agreeing to make and have received a copy of the disclosure statement and a completed and signed reaffirmation agreement.
 * “3. If you were represented by an attorney during the negotiation of your reaffirmation agreement, the attorney must have signed the certification in Part C.
 * “4. If you were not represented by an attorney during the negotiation of your reaffirmation agreement, you must have completed and signed Part E.
 * “5. The original of this disclosure must be filed with the court by you or your creditor. If a separate reaffirmation agreement (other than the one in Part B) has been signed, it must be attached.
 * “6. If you were represented by an attorney during the negotiation of your reaffirmation agreement, your reaffirmation agreement becomes effective upon filing with the court unless the reaffirmation is presumed to be an undue hardship as explained in Part D.
 * “7. If you were not represented by an attorney during the negotiation of your reaffirmation agreement, it will not be effective unless the court approves it. The court will notify you of the hearing on your reaffirmation agreement. You must attend this hearing in bankruptcy court where the judge will review your reaffirmation agreement. The bankruptcy court must approve your reaffirmation agreement as consistent with your best interests, except that no court approval is required if your reaffirmation agreement is for a consumer debt secured by a mortgage, deed of trust, security deed, or other lien on your real property, like your home.
 * “Your right to rescind (cancel) your reaffirmation agreement. You may rescind (cancel) your reaffirmation agreement at any time before the bankruptcy court enters a discharge order, or before the expiration of the 60-day period that begins on the date your reaffirmation agreement is filed with the court, whichever occurs later. To rescind (cancel) your reaffirmation agreement, you must notify the creditor that your reaffirmation agreement is rescinded (or canceled).
 * “What are your obligations if you reaffirm the debt? A reaffirmed debt remains your personal legal obligation. It is not discharged in your bankruptcy case. That means that if you default on your reaffirmed debt after your bankruptcy case is over, your creditor may be able to take your property or your wages. Otherwise, your obligations will be determined by the reaffirmation agreement which may have changed the terms of the original agreement. For example, if you are reaffirming an open end credit agreement, the creditor may be permitted by that agreement or applicable law to change the terms of that agreement in the future under certain conditions.
 * “Are you required to enter into a reaffirmation agreement by any law? No, you are not required to reaffirm a debt by any law. Only agree to reaffirm a debt if it is in your best interest. Be sure you can afford the payments you agree to make.
 * “What if your creditor has a security interest or lien? Your bankruptcy discharge does not eliminate any lien on your property. A ‘lien’ is often referred to as a security interest, deed of trust, mortgage or security deed. Even if you do not reaffirm and your personal liability on the debt is discharged, because of the lien your creditor may still have the right to take the security property if you do not pay the debt or default on it. If the lien is on an item of personal property that is exempt under your State’s law or that the trustee has abandoned, you may be able to redeem the item rather than reaffirm the debt. To redeem, you make a single payment to the creditor equal to the current value of the security property, as agreed by the parties or determined by the court.”.
 * (ii) In the case of a reaffirmation under subsection (m)(2), numbered paragraph 6 in the disclosures required by clause (i) of this subparagraph shall read as follows:
 * “6. If you were represented by an attorney during the negotiation of your reaffirmation agreement, your reaffirmation agreement becomes effective upon filing with the court.”.
 * (4) The form of such agreement required under this paragraph shall consist of the following:
 * “Part B: Reaffirmation Agreement. I (we) agree to reaffirm the debts arising under the credit agreement described below.
 * “Brief description of credit agreement:
 * “Description of any changes to the credit agreement made as part of this reaffirmation agreement:
 * “Signature:              Date:
 * “Borrower:
 * “Co-borrower, if also reaffirming these debts:
 * “Accepted by creditor:
 * “Date of creditor acceptance:”.
 * (5) The declaration shall consist of the following:
 * (A) The following certification:
 * “Part C: Certification by Debtor’s Attorney (If Any).
 * “I hereby certify that
 * (1) this agreement represents a fully informed and voluntary agreement by the debtor;
 * (2) this agreement does not impose an undue hardship on the debtor or any dependent of the debtor; and
 * (3) I have fully advised the debtor of the legal effect and consequences of this agreement and any default under this agreement.
 * “Signature of Debtor’s Attorney:      Date:”.
 * (B) If a presumption of undue hardship has been established with respect to such agreement, such certification shall state that in the opinion of the attorney, the debtor is able to make the payment.
 * (C) In the case of a reaffirmation agreement under subsection (m)(2), subparagraph (B) is not applicable.
 * (6)
 * (A) The statement in support of such agreement, which the debtor shall sign and date prior to filing with the court, shall consist of the following:
 * “Part D: Debtor’s Statement in Support of Reaffirmation Agreement.
 * “1. I believe this reaffirmation agreement will not impose an undue hardship on my dependents or me. I can afford to make the payments on the reaffirmed debt because my monthly income (take home pay plus any other income received) is $XXX, and my actual current monthly expenses including monthly payments on post-bankruptcy debt and other reaffirmation agreements total $XXX, leaving $XXX to make the required payments on this reaffirmed debt. I understand that if my income less my monthly expenses does not leave enough to make the payments, this reaffirmation agreement is presumed to be an undue hardship on me and must be reviewed by the court. However, this presumption may be overcome if I explain to the satisfaction of the court how I can afford to make the payments here: XXX.
 * “2. I received a copy of the Reaffirmation Disclosure Statement in Part A and a completed and signed reaffirmation agreement.”.
 * (B) Where the debtor is represented by an attorney and is reaffirming a debt owed to a creditor defined in section 19(b)(1)(A)(iv) of the Federal Reserve Act, the statement of support of the reaffirmation agreement, which the debtor shall sign and date prior to filing with the court, shall consist of the following:
 * “I believe this reaffirmation agreement is in my financial interest. I can afford to make the payments on the reaffirmed debt. I received a copy of the Reaffirmation Disclosure Statement in Part A and a completed and signed reaffirmation agreement.”.
 * (7) The motion that may be used if approval of such agreement by the court is required in order for it to be effective, shall be signed and dated by the movant and shall consist of the following:
 * “Part E: Motion for Court Approval (To be completed only if the debtor is not represented by an attorney.). I (we), the debtor(s), affirm the following to be true and correct:
 * “I am not represented by an attorney in connection with this reaffirmation agreement.
 * “I believe this reaffirmation agreement is in my best interest based on the income and expenses I have disclosed in my Statement in Support of this reaffirmation agreement, and because (provide any additional relevant reasons the court should consider):
 * “Therefore, I ask the court for an order approving this reaffirmation agreement.”.
 * (8) The court order, which may be used to approve such agreement, shall consist of the following:
 * “Court Order: The court grants the debtor’s motion and approves the reaffirmation agreement described above.”.

 * (l) Notwithstanding any other provision of this title the following shall apply:
 * (1) A creditor may accept payments from a debtor before and after the filing of an agreement of the kind specified in subsection (c) with the court.
 * (2) A creditor may accept payments from a debtor under such agreement that the creditor believes in good faith to be effective.
 * (3) The requirements of subsections (c)(2) and (k) shall be satisfied if disclosures required under those subsections are given in good faith.

 * (m)
 * (1) Until 60 days after an agreement of the kind specified in subsection (c) is filed with the court (or such additional period as the court, after notice and a hearing and for cause, orders before the expiration of such period), it shall be presumed that such agreement is an undue hardship on the debtor if the debtor’s monthly income less the debtor’s monthly expenses as shown on the debtor’s completed and signed statement in support of such agreement required under subsection (k)(6)(A) is less than the scheduled payments on the reaffirmed debt. This presumption shall be reviewed by the court. The presumption may be rebutted in writing by the debtor if the statement includes an explanation that identifies additional sources of funds to make the payments as agreed upon under the terms of such agreement. If the presumption is not rebutted to the satisfaction of the court, the court may disapprove such agreement. No agreement shall be disapproved without notice and a hearing to the debtor and creditor, and such hearing shall be concluded before the entry of the debtor’s discharge.
 * (2) This subsection does not apply to reaffirmation agreements where the creditor is a credit union, as defined in section 19(b)(1)(A)(iv) of the Federal Reserve Act.


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 to-day we have lost sight of that principle grasped so firmly by the Angles and Saxons in their military organisation, a principle which made home defence not only the duty, but the privilege of every free-born man. They have given us our language, they have given us our literature, they have bequeathed to us that invaluable legacy, not only of family life but of colonial instinct, in which lies the germ of that larger Imperialism which Englishmen of to-day are called to share with their kindred beyond the seas.


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1911 Encyclopædia Britannica/Rask, Rasmus Christian

RASK, RASMUS CHRISTIAN (1787-1832), Danish scholar and philologist, was born at Brändekilde in the island of Fünen or Fyen in Denmark in 1787. He studied at the university of Copenhagen, and at once showed remarkable talent for the acquisition of languages. In 1808 he was appointed assistant keeper of the university library, and some years afterwards professor of literary history. In 1811 he published, in Danish, his Introduction to the Grammar of the Icelandic and other Ancient Northern Languages, from printed and MS. materials accumulated by his predecessors in the same field of research. The reputation which Rask thus acquired recommended him to the Arna-Magnaean Institution, by which he was employed as editor of the Icelandic Lexicon (1814) of Björn Haldorson, which had long remained in manuscript. Rask visited Iceland, where he remained from 1813 to 1815, mastering the language and familiarizing himself with the literature, manners and customs of the natives. To the interest with which they inspired him may probably be attributed the establishment at Copenhagen, early in 1816, of the Icelandic Literary Society, of which he was the first president.

In October 1816 Rask left Denmark on a literary expedition, at the cost of the king, to prosecute inquiries into the languages of the East, and collect manuscripts for the university library at Copenhagen. He proceeded first to Sweden, where he remained two years, in the course of which he made an excursion into Finland to study the language. Here he published, in Swedish, his Anglo-Saxon Grammar in 1817. In 1818 there

appeared at Copenhagen, in Danish, an Essay on the Origin of the Ancient Scandinavian or Icelandic Tongue, in which he traced the affinity of that idiom to the other European languages, particularly Latin and Greek. In the same year he brought out the first complete editions of Snorro's Edda and Saemund's Edda, in the original text, along with Swedish translations of both Eddas. From Stockholm he went in 1819 to St Petersburg, where he wrote, in German, a paper on “The Languages and Literature of Norway, Iceland, Sweden and Finland,” in the sixth number of the Vienna Jahrbücher. From Russia he proceeded through Tartary into Persia, and resided for some time at Tabriz, Teheran, Persepolis and Shiraz. In about six weeks he made himself sufficiently master of Persian to be able to converse freely. In 1820 he embarked at Bushire for Bombay; and during his residence there he wrote, in English, “A Dissertation on the Authenticity of the Zend Language” (Trans. Lit. Soc. of Bombay, vol. iii., reprinted with corrections and additions in Trans. R. As. Soc.). From Bombay he proceeded through India to Ceylon, where he arrived in 1822, and soon afterwards wrote, in English, “A Dissertation respecting the best Method of expressing the Sounds of the Indian Languages in European Characters,” in the Transactions of the Literary and Agricultural Society of Colombo. Rask returned to Copenhagen in May 1823, bringing a considerable number of Oriental manuscripts, Persian, Zend, Pali, Sinhalese and others, with which he enriched the collections of the Danish capital. He died at Copenhagen on the 14th of November 1832.


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 CHAPTER IV

Circa 597—1066

OUR GREAT INHERITANCE

"Post Tenebras Lux."

IGHTY and momentous were the changes that now swept over the lives of our forefathers, still torn with those tribal controversies which are inevitable in any great settlement of people in a new-found land. But great as was the revolution which changed the tribal chief into the national king and developed the germ of feudalism by turning the freeman into a serf, yet still greater and more far-reaching was that moral revolution which was effected by the triumph of Christianity over the fierce worshippers of Woden. This is no place to retell the charming story of the little band of Benedictine monks who so successfully organised that Christianity in England which had already taken root among


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48 the Celts. The strenuous opposition with which the Saxons greeted the new faith is comprehensible, when we consider their point of view. Not only was it the religion of their foes, the Celts, but it taught men to forgive injuries, which seemed to the stout pagan warriors a religion only fit for cowards, while a faith that held the highest life to be that of the cloistered monk was impossible to one whose only hope of eternity lay in a glorious death by battle.

But the time was ripening for a fuller conception of the responsibilities of life, when the mere gratification of passion and greed as well as the very material future offered by the Northern mythology was becoming totally inadequate.

The dawning change is so beautifully illustrated by the world-worn parable uttered by an old pagan chieftain in the North of England that we venture to repeat it, for the speaker voiced the feelings of his brethren when he exclaimed: "O King, often in winter when men are sitting at meat in your hall and the warm fire is lighted on your hearth, while the rain storm beats without, a sparrow flieth in at the door, tarries for a moment in the light and heat of the fire, and then goeth out by another door into the wintry darkness


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 Rh with the wind howling and roaring after him. He was much, much bigger than either of the other two, and he had fifteen heads on his shoulders.

"Fire and flame!" roared out the Ogre.

"Fire and flame yourself!" said Shortshanks.

"Can you fight?" screamed the Ogre.

"If I can't, I can learn," said Shortshanks.

"I'll soon teach you," screamed the Ogre, and struck at him with his iron club, so that the earth and stones flew up fifteen yards into the air.

"My!" said Shortshanks, "that was something like a blow; but now you shall see a stroke of mine."

As he said that, he grasped his sword, and cut off all the Ogre's fifteen heads at one blow, and sent them all dancing over the sand.

So the Princess was freed from all the Ogres, and she both blessed and thanked Shortshanks for saving her life.

"Sleep now a while on my lap," she said; and he laid his head on her lap, and while he slept she threw over him a golden robe.

"But how shall we let it be known that it is you that have saved me?" she asked, when he awoke.

"Oh, I'll soon tell you," answered Shortshanks. "When Ritter Eed has led you home again, and given himself out as the man who has saved you, you know he is to have you to wife, and half the kingdom. Now, when they ask you, on your wedding-day, whom you will have to be your cup-bearer, you must say, 'I will have the ragged boy who does odd jobs in the kitchen, and carries in wood and water for the kitchen-maid.' So, when I am filling your cups, I will spill a drop on his plate, but none on yours; then he will


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 142 be wroth, and give me a blow; and the same thing will happen three times. But the third time you must mind and say, 'Shame on you! to strike my heart's darling; he it is who set me free, and him will I have.'"

After that Shortshanks ran back to the palace, as he had done before; but he went first on board the Ogre's ship, and took a whole heap of gold, silver, and precious stones, and out of them he gave the kitchen-maid another great armful of gold and silver rings.

Well, as for Ritter Red, as soon as ever he saw that all risk was over he crept down from his tree, and threatened the Princess till she was forced to promise she would say it was he who had saved her. After that he led her back to the palace, and all the honour shown him before was nothing to what he got now, for the king thought of nothing else than how he might best honour the man who had saved his daughter from the three Ogres. As for his marrying her, and having half the kingdom, that was a settled thing, the king said. But when the wedding-day came, the Princess begged she might have the ragged boy, who carried in wood and water for the cook, to be her cup-bearer at the bridal-feast.

"I can't think why you should want to bring that filthy beggar boy in here," said Ritter Red; but the Princess had a will of her own, and said she would have him, and no one else, to pour out her wine; so she had her way at last. Now everything went as it had been agreed between Shortshanks and the Princess; he spilled a drop on Ritter Red's plate, but none on hers, and each time Ritter Red got wroth and struck him. At the first blow Shortshanks' rags fell off which he had worn in the kitchen; at the second the


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Rh whence it came. So tarries for a moment the life of man in this world; what has gone before and what will come after, none can say. If this new teaching can tell us aught of this, let us follow it"

The answer of Paulinus, the Roman teacher, must have been reassuring, for the pagan chieftain sprang on his horse, rode straight to the temple of his gods, and hurled a spear through the idols worshipped by his ancestors.

Slowly and painfully, through toil and tribulation, the persistent teachers made their way through the length and breadth of the land, followed closely in thought and prayer by Pope Gregory in distant Rome, till Christianity finally triumphed over heathendom. The liberal way in which the changes were effected is evident to-day. Thus, the heathen festival hitherto dedicated to Eostra, the goddess of the spring, became the Christian festival of the Resurrection, while the great Yuletide feast held in the winter solstice became our Christmas Day.

Little thick-walled churches, touching in their extreme simplicity, arose from out the townships scattered through the land. For the first time Pater Noster and Creed, Te Deum and Magnificat


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50 were sung by English lips from English hearts, while the now familiar church bell called all alike to prayer across marshy meadow and lonely moor.

Accustomed to music and singing, our ancestors seem to have joined somewhat too eagerly in the solemn Latin chanting of the priests, for we find a law ordering those who sang out of time or tune to be turned out of church. Possibly the uniformity secured in Church music by the introduction of Gregorian chants in the eighth century affected the Anglo-Saxon enthusiast. A difference of opinion also took place between priest and people owing to the determination of the latter to bring dogs, hawks, and pigs to church with them.

Not only in church, but by moor and river, on the hillside and in the valley, the new faith was diligently preached to the men of England. While the new Walhalla was depicted in glowing terms as a place where there would be "peace without sorrow, light without darkness and joys without end," the alternative was relentlessly painted for those who fell short in obeying the Divine call. "Gold and silver cannot save us from those grim and cruel


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Rh torments," cried the preacher of a thousand years ago to a congregation of Englishmen, "from those flames that will never be extinguished, from those serpents that never die. There they are whetting their bloody teeth to wound and tear our bodies without mercy; there, beaten and bound, the afflicted soul will hang over hot flames, till thrown into the blackest place below."

Ecclesiastical organisation immediately followed the establishment of the Church in England, and a new social order arose. Bishops, priests, clergy, monks, forming a distinct class, required new legislation. By various stages the old township passed into the parish, with the church as the centre of village life, as it practically is in country districts to-day.

But the change that came over the individual was yet more startling. The new faith demanded a radical change of life. It forced on the Englishman not only new laws, new manners, new customs, but an altogether new conception of life and duty. There was no respite. The change must begin with babyhood and last to the grave. No infanticide was permitted, but the rites of baptism were ordained to be


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1911 Encyclopædia Britannica/Raspberry

RASPBERRY, known botanically as Rubus Idaeus (nat. ord. ../Rosaceae/, q.v.), a fruit-bush found wild in Great Britain and in woods throughout Europe, North Africa and in north and west Asia. The raspberry was known to classic writers, and is mentioned by Pliny as one of the wild brambles known to the Greeks as Idea, from Mt. Ida in Asia Minor on which it grew. Parkinson (Paradisus, 1629) speaks of red, white and thornless varieties as suitable for the English climate, and Gerarde (Herbal, 1597) figures and describes the Raspis or Framboise bush as one of the four kinds of bramble. It is propagated from suckers, which may be taken off the parent stools in October, and planted in rows 5 or 6 ft. apart, and at 3 ft. asunder in the rows. It is the habit of the plant to throw up from the root every year a number of shoots or canes, which bear fruit in the subsequent year, and then decay. In dressing the plants, which is done immediately after the crop is gathered, all these exhausted stems are cut away, and of the young canes only three or four of the strongest are left, which are shortened about a third. The stems, being too weak to stand by themselves, are sometimes connected together by the points in the form of arches, or a stake is driven in midway between the plants, and half the canes are bent one way and half the other, both being tied to the stake. Sometimes they are tied upright to stakes fixed to each stool. The best support, however, is obtained by fastening the points of the shoots to a slight horizontal rail or bar, placed a foot and a half on the south side of the rows,

by which means the bearing shoots are deflected from the perpendicular to the sunny side of the row, and are not shaded, by the annual wood. When this mode of training is adopted, the plan of planting 1 foot apart in the row and leaving one or two canes only to each shoot is preferable. The ground between the rows should never be disturbed by deep digging; but an abundant supply of good manure should be given annually in autumn as a dressing, which should be forked in regularly to a depth of 4 or 5 inches. All surplus suckers should be got away early in the summer before they have robbed the roots — five or six, to be reduced to the four best, being reserved to each root. Fresh plantations of raspberries should be made every six or seven years. The double-bearing varieties, which continue to fruit during autumn, require light soils and warm situations. These should be cut close down in February, as it is the strong young shoots of the current year which bear the late autumnal crops. The other varieties may be made to bear in autumn by cutting the stems half-way down at an early period in spring; but, as with all other fruits, the flavour of the raspberry is best when it is allowed to ripen at its natural season.

The European raspberry, though admittedly of better quality, has been largely displaced in the United States of America by a closely allied native species, R. strigosus, the numerous varieties of which are hardier than the varieties of the European species and ripen their crop much more rapidly. The stems are more slender and flexible than in R. Idaeus, usually brown or reddish-brown in colour and beset with stiff straight prickles. The most important raspberry of cultivation in America is R. occidentalis, the black raspberry or thimbleberry, which is at once distinguished by its firm black, rarely yellow, fruit. The purple-cane raspberry, R. neglectus, with fruit varying in colour from dull purple to dark red or sometimes yellowish, is perhaps a hybrid between R. strigosus and R. occidentalis.

The Loganberry is a hybrid between the raspberry (Rubus Idaeus) and the blackberry or bramble (R. fruticosus), and derives its name from its raiser, Judge Logan of the American Bar. It is a strong-growing plant, partaking more of the habit of the blackberry than the raspberry, and making shoots often 10 to 15 ft. long in the course of the year. These bear leaves with 5 leaflets, and fruit the following year. The fruiting shoots have leaves with only 3 leaflets; but young and old stems are densely covered with sharp crimson prickles. The fruits are borne profusely in loose trusses, and are ripe in southern localities in July, and about early August in northern parts. They are at first reddish like raspberries in a half-ripened state, but when fully ripe are deep purplish red, and much more palatable, each fruit being about 1¼ in. long, and shaped like a raspberry.

title: 1911 Encyclopædia Britannica/Raspberry


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52 within thirty days of birth. Godparents appear for the first time in England, with more elaborate duties than they are called on to perform to-day. A more systematic naming of children now came into existence, their names for the most part denoting some personal characteristic. Thus we have Arnold (eagle strength), Alfred (noble peace), Godwine (friend of God), while among girls there is Edith (happy gift), Ellen (the excellent), and so forth. Of surnames there were none as yet, though to avoid confusion we hear of Ethelred the Unready, Edmund Ironside, &c. But these, it would seem, ranked only as nicknames, which our ancestors loved. Thus we get a glimpse of Tata (the lively one), Enede (the duck), and Elfgifu (the gift of the fairies).

Marriage now became a religious ceremony, performed at the church door and sanctioned by the blessing of the priest, while cremation in any form was forbidden, and burial took place in consecrated ground. Men's eyes were opened for the first time to the evils of slavery. Though there were different degrees at this time, yet all slaves alike were the property of a master, against whose cruelty there was no redress, neither had they any kinsmen to avenge their wrongs. They


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1911 Encyclopædia Britannica/Raspe, Rudolf Erich

RASPE, RUDOLF ERICH (1737-1794), the original author of the Adventures of Baron Munchausen (see ../Munchausen, Baron), was born in Hanover in 1737, and studied at Göttingen and Leipzig. In 1762 he became a clerk in the university library at Hanover, and in 1764 secretary to the university library at Göttingen. He had become known as a versatile scholar and a student of natural history and antiquities, and he published some original poems and also translations, among the latter of Leibnitz's philosophical works and of Ossian's poems; he also wrote a treatise on Percy's Reliques. In 1767 he was appointed professor in Cassel, and subsequently librarian. He contributed in 1769 a zoological paper to the 59th volume of the Philosophical Transactions, which led to his being selected an honorary member of the Royal Society in London, and he wrote voluminously on all sorts of subjects. In 1774 he started a periodical called the Cassel Spectator. But having gone to Italy in 1775 to buy curios for the landgrave of Hesse, to whom he was keeper of the gems, he was found to have sold the landgrave's valuables for his own profit; and, on orders being issued for his arrest, he decamped to England. In London he employed his knowledge of English and his learning to secure a living by publishing books on various subjects, and English translations of German works, and there are allusions to him as “a Dutch savant” in 1780 in the writings of Horace Walpole, who gave him money and helped him to publish an Essay on the Origin of Oil-painting (1781). But he remained poor, and the Royal Society expunged his name off its list. He went to Cornwall in 1782, and till about 1788 was assay-master and storekeeper at the Dolcoath mine, where memories of his ingenuity remained to the middle of the 19th century. While there, he seems to have written the original version of Munchausen, which was subsequently elaborated by others. Between 1785 and 1790 he compiled a descriptive catalogue of James Tassie's collection of pastes and casts of gems, in two quarto volumes (1791) of laborious industry and bibliographical rarity. Raspe then went to Scotland, and in Caithness found a patron in Sir John Sinclair of Ulbster, whose mineralogical proclivities he proceeded to impose upon by pretending to discover valuable and workable veins on his estates; but Raspe had “salted” the ground himself, and on the verge of exposure, he absconded. He next betook himself to Ireland, but died at Muckross in 1794, when he was only beginning some mining operations in Donegal. His career is interesting because of his connexion with the famous book of stories of Baron Munchausen (q.v.). His authorship was not known in his lifetime, except to his friend Gottfried August Bürger and possibly a few of his other intimates (such as Kästner and Lichtenburg) in his student days at Göttingen; and it was not till 1824 that the biographer of Bürger (who had been credited with writing Munchausen instead of only translating it, as he did in 1786) revealed the truth about the book.


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Rh were bought and sold with the land as if they had been sheep or cattle. Now it was ordained that they, with the rest of humanity, should rest on Sundays and feast days, and further, that their lives should be protected, in so much as a man who slew his slave was to do penance for two years, and the woman who, in a rage, beat her slave to death should do penance for seven years.

These penances, or fasts, played a very large part in the social life of this period. They must have been a very real trial to the Anglo-Saxon community, whose old ideal of material enjoyment can hardly have passed entirely. Severe indeed sounds the penance ordered to such as these. Each clause seems intended to mortify to the full the peculiar vanities of these men of old. To expiate sin, they must lay aside all weapons and walk bare-foot, nor must they take shelter at nightfall. They must fast and watch and pray day and night, weary though they be. They must take no warm bath, cut no hair or nails, touch no flesh, drink no ale or mead, enter no church, but just grieve continually for sin.

The possibility of redeeming these penances


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54 was one of the first abuses that shadowed the purity of the movement By building a church or bridging a river, by helping the widow or fatherless or freeing a slave, wealthy men could redeem their punishments.

It is illuminating to look at the capital sins that demanded these fasts in greater or less degree. They were pride, vainglory, envy, anger, despondency, avarice, greediness and luxury. Perhaps the quaintest is the fifth on the list, by which a man who permitted his want of liveliness to damp the cheerfulness of another was ordered to fast for a day on bread and water, though, be it noted, even this small penance was redeemable by the payment of a silver penny or the hurried repetition of many psalms!

But perhaps one of the strangest phases that passed over the social life of the English people at this time was the renunciation of the world for monastic life as an expression of the highest Christian obedience, a phase so important in its results that it requires some attention. Long ago the Celtic population had realised the value of the monastery. On storm-beaten shores and wind-swept islands little settlements had arisen,


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Rh in which many a devoted monk had spent his self-denying life of prayer and meditation. But it was not till the Benedictine monks had won over the main body of English by their example of high living, as much as by their teaching, that monastic life became at all universal in England.

To the monks of early England we owe all our most precious treasures in literature as well as in art. Can our country ever forget the old monk of Jarrow, the father of English learning, and the ideal of the divinity of work which he put before his people? Who but the monks translated the Latin prayers into Saxon and illuminated the Saxon Gospels, adorning the margins with virgins and apostles in Anglo-Saxon dress playing on Anglo-Saxon instruments? They were our keenest agriculturists, our most skilful fishermen, our best informed gardeners, our earliest doctors. They reclaimed the waste land, they cut the virgin forests: no labour was too hard, no toil too rough for these servants of God. The monastery was not only a school of learning: it was at once a shelter for the destitute and a refuge for the sick, from whose hospitable doors no stranger was ever


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56 turned away. The monks were the only doctors in the land, but unhappily their knowledge was not equal to their enthusiasm. Hitherto the people had trusted to charms and incantations, magic and witchcraft, to cure them of their ills. A strange mingling of monkish knowledge and superstition now took place. Here is an early prescription for the cure of consumption:—"Take thrift-grass, betony, penny-grass, fane, fennel, Christmas wort and borage, and make them into a potion with clear ale. Sing seven Masses over the plants daily, add holy water, and drink the draught out of the church bell, while the priest sings: 'Domini sancti Pater omnipotens.'"

Bleeding was the favourite remedy for most disorders, but generally so clumsily performed as to be more dangerous than the disease itself. Its efficacy was supposed to depend on the day of the month on which it was performed, and was prohibited "when the light of the moon and the tide of the ocean were increasing."

Such very briefly was the state of things in England, when once again—so strangely does history repeat itself—a pagan population of sea-loving men poured themselves over our islands from beyond the wild North Sea From


text: Talk:Federal Reserve Act

title: Talk:Federal Reserve Act


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Rh and Iceland and the Baltic shores they came, and, emerging from a background of wild legend and grim saga, we recognise their kinship with the Angles and Saxons. Call them Vikings or Northmen, Norsemen or Danes, they have practically the same manners and customs, the same language and social order, the same gods, the same Walhalla and Hel, as those tribes which had peopled the island some three hundred years before them. Perhaps their strenuous struggle for bare existence and the uncompromising climate of their northern homes made them appear even more fierce, more sturdy, and more relentless than their predecessors in the land. Through the long dim ages of a thousand years we see again the famous black raven ensigns flying from their long narrow galleys, their weather-beaten faces of stern determination as they catch sight of the shores of England; again we hear snatches of their native sagas and their shouts of victory as they return successful from their wild plunder parties, leaving devastated lands and blackened ruins behind them.

"Let all folk do general penance," cried the distracted priests, "for three days on bread and water; let every man come barefoot to church


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58 without ornament, and at eventide let all the assembly on bended knees before God's altar sing the third Psalm, till the Almighty pity us and grant us to overcome our enemy. God help us." But in their enthusiasm the Christian teachers had implored the English to abstain from that ceaseless warfare that had characterised them of old, till they had lost much of their skill. In addition to this, though alarm-fires blazed from every hill to summon the village fyrd to war, yet the freemen of England were now agriculturists and not warriors, and they regretfully passed from their newly turned furrows to grasp the unfamiliar spear and shield as they hastened—an undisciplined force—to meet the foe.

Armed from head to foot were the Danes, every man of them a well-drilled soldier, a fierce fighter, and thirsting for the blood of his enemy. Merciless but well ordered were their attacks, aimed more especially against the wealthy monasteries of the land. Priests were slain as they knelt at prayer, monks and nuns were pitilessly slaughtered, children were torn from their mothers to be tortured and killed. Never were the Danes more elated than when they were sacking a rich religious house or burning a little


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Rh church. At last England lay disheartened, dreary, devastated, and the Danes triumphantly possessed themselves of their new homes. Then, as the clash of battle died away, once more a new country arose on the blackened ruins of the past. Though the outer semblances of Christianity had been swept away, the new faith was strong enough to produce martyrs, such as St. Edmund, as well as to hold the new-comers within its almighty grip. When the storm clouds had been dispelled, behold "England was England still; the conquerors sank quietly into the mass of those around them, and Woden yielded without a struggle to Christ."

New churches arose, important monasteries were founded, a reconstruction of the army took place, a new impulse was given to learning; but what transcends all else in the material importance of the moment was the inauguration of the British navy. Whether that love of the sea has come to Englishmen through Saxon or Dane is ever a matter of mild dispute. Most of the effects of the Danish settlement in England have been merely the accentuation of those already existing characteristics bequeathed by their predecessors. If family life had been cherished by


text: 1911 Encyclopædia Britannica/Innocent/Innocent V


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60 the Anglo-Saxon people, it was yet more closely united by bonds of blood among the Danes; if freedom had been the watchword of the first comers, intensely free was the existence of the liberty loving Scandinavian; if devotion to Woden insisted on human sacrifice under the old régime, yet more persistently bloodthirsty were the pagan hordes of the ninth century.

But the inhuman and pitiless brutality of the age was now illumined for ever by the radiance of that light shed over England by her newly found Christianity, under whose startling régime Vengeance gave way to Forgiveness, Cruelty to Mercy, Pride to Humility, and the love of Family life to the larger Brotherhood which the dust of ages has proved powerless to dim, and the centuries, as they roll onward, have strengthened with indestructible unity.


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1911 Encyclopædia Britannica/Rassam, Hormuzd

RASSAM, HORMUZD (1826-1910), Assyriologist and traveller, was born at Mosul of native Christian parents. His first work was done as assistant to Sir A. H. Layard in his first expedition (1845-47). He subsequently came to England, studied at Oxford, and was again sent by the British Museum trustees to accompany Layard in his second expedition (1849-51). Layard having entered upon a political career, Rassam continued the work (1852-54) in Assyria under the direction of the British Museum and Sir Henry Rawlinson at Nimrud and Kuyunjik. In 1866 he was sent by the British government to Abyssinia, where, however, he was imprisoned for two years until freed by the victory of Sir Robert Napier. From 1876 to 1882 he was again in Assyria conducting important investigations, especially at Nineveh, and during the Russo-Turkish War he was sent on a mission of inquiry to report on the condition of the Christian communities of Asia Minor and Armenia. His archaeological work resulted in many important discoveries and the collection of valuable epigraphical evidence.


text:
1911 Encyclopædia Britannica/Rastatt

RASTATT, a town of Germany, in the grand duchy of Baden, on the Murg, 4 m. above its junction with the Rhine and 15 m.

by rail S.W. of Karlsruhe. Pop. (1905) 14,404. The old palace of the margraves of Baden, a large Renaissance edifice in red sandstone, is now partly used for military purposes and contains a collection of pictures, antiquities and trophies from the Turkish wars. The chief manufactures are stoves, beer and tobacco. Until the end of the 17th century Rastatt was unimportant, but after its destruction by the French in 1689 it was rebuilt on a larger scale by Louis William, margrave of Baden, the imperial general in the Turkish wars. It was then the residence of the margraves until 1771. The Baden revolution of 1849 began with a mutiny of soldiers at Rastatt in May 1849, and ended here a few weeks later with the capture of the town by the Prussians. For some years Rastatt was one of the strongest fortresses of the German empire, but its fortifications were dismantled in 1890.

See Schuster, Rastatt, die ehemalige badische Residenz und Bundesfestung (Lahr, 1902); and Lederle, Rastatt und seine Umgebung (Rastatt, 1905).

Rastatt has been the scene of two congresses. At the first congress, which was opened in November 1713, negotiations were carried on between France and Austria for the purpose of ending the war of the Spanish succession. These culminated in the treaty of Rastatt signed on the 7th of March 1714. The second congress, which was opened in December 1797, was intended to rearrange the map of Germany by providing compensation for those princes whose lands on the left bank of the Rhine had been seized by France. It had no result, however, as it was ended by the outbreak of the European war, but it had a sequel of some interest. As the three French representatives were leaving the town in April 1799 they were waylaid, and two of them were assassinated by some Hungarian soldiers. The origin of this outrage remains shrouded in mystery, but the balance of evidence seems to show that the Austrian authorities had commanded their men to seize the papers of the French plenipotentiaries in order to avoid damaging disclosures about Austria's designs on Bavaria, and that the soldiers had exceeded their instructions. On the other hand, some authorities think that the deed was the work of French emigrants, or of the party in France in favour of war.

For fuller particulars of the two sides of this controversy see K. Mendelssohn-Bartholdy, Der Rastadter Gesandtenmord (Heidelberg, 1869); J. A. Freiherr von Helfert, Der Rastadter Gesandtenmord (Vienna, 1874); Böhtlingk, Napoleon und der Rastadter Gesandtenmord (Leipzig, 1883); and Zum Rastadter Gesandtenmord (Heidelberg, 1895); H. Hüffer, Der Rastadter Gesandtenmord (Bonn, 1896); and H. von Sybel, in Band 39 of the Historische Zeitschrift.

title: 1911 Encyclopædia Britannica/Rastatt


text: 1911 Encyclopædia Britannica/Diamantino

title: 1911 Encyclopædia Britannica/Diamantino


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 been a brilliant streak of blue-white across the northern sky and a sharp flash way off like an explosion. I understand that folks in Superior claim to have felt a jolt as if something big had smashed up out there in the trackless dust and dunes between Mud Lake, Morrow Creek, and the town. That's quite a lot of empty territory and Ed and I had about as much chance of finding the meteor as a needle in the haystack. But it was a swell excuse.

"Cold Front coming down from Saskatchewan," the Chief said as he came in and looked over our charts. We were getting ready to leave. "Unusual for this time of year."

I nodded, unworried. We had the mountains between us and any cold wave from that direction. We wouldn't freeze at night even if the cold got down as far as Casper, which would be highly unlikely. The Chief was bending low over the map tracing out the various lows and highs. He frowned a bit when he came to a new little low I had traced in from the first reports of that day.

"An unreported low turning up just off Washington State. That's really odd. Since when are storms originating so close?"

"Coming east too and growing according to Seattle's wire," said Ed. The Chief sat down and stared at the map.

"I don't like it, it's all out of whack," he said. Then he stood up and held out his hand to me.

"Well, goodbye, boys and have a good time. If you find that meteor, bring me back a chunk too."

"Sure will," I said and we shook hands and yelled at the other boys and went out.

The first rays of the sun were just coming up as we left. Outwards we jogged easily, the town and civilization fell behind rapidly and we went on into the golden glow of the Sweetwater basin.

We made good time that day though we didn't hurry. We kept up a nice steady trot, resting now and then. We didn't talk much for we were too busy just breathing in the clean open air and enjoying the sensation of freedom. An occasional desert toad or the flash of a disturbed snake were the only signs of life we saw and the multiform shapes of the cactus and sage our only garden. It was enough.

Towards evening at the bureau, the Chief first noted the slight growth of the Southern Warm Front. A report from Utah set him buzzing. The Cold Front had now reached the borders of Wyoming and was still moving on. The baby storm that was born where it had no right to be born was still growing and now occupied a large area over Oregon and Idaho. The Chief was heard to remark that the conjunction of things seemed to place south west Wyoming as a possible center of lots of wild weather. He started worrying a bit about the two of us.

We didn't worry. We didn't have any real indications but our weather men's senses acted aright. We felt a sort of odd expectancy in the air as we

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text: Dictionary of National Biography, 1885-1900/Vincent, Philip


text: Dictionary of National Biography, 1885-1900/Vincent, Richard Budd


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


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


text: Dictionary of National Biography, 1885-1900/Viner, Robert


text: Dictionary of National Biography, 1885-1900/Viner, Thomas


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


text: Dictionary of National Biography, 1885-1900/Vines, Richard (1585-1651)


text: Dictionary of National Biography, 1885-1900/Vines, Richard (1600?-1656)


text: Dictionary of National Biography, 1885-1900/Vining, George J.


text: Dictionary of National Biography, 1885-1900/Vinsauf, Geoffrey de


text: Dictionary of National Biography, 1885-1900/Violet, Pierre


text: Dictionary of National Biography, 1885-1900/Violet, Thomas


text: Dictionary of National Biography, 1885-1900/Virtue, James Sprent


text: Dictionary of National Biography, 1885-1900/Vitell, Christopher


text: Dictionary of National Biography, 1885-1900/Vitelli, Cornelio


text: Dictionary of National Biography, 1885-1900/Vivares, François


text: 1911 Encyclopædia Britannica/Diamagnetism


text: Dictionary of National Biography, 1885-1900/Vives, Johannes Ludovicus


text: Dictionary of National Biography, 1885-1900/Vivian, Henry Hussey


text: Dictionary of National Biography, 1885-1900/Vivian, Hussey Crespigny


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 camped. Nothing definite, a sort of extra stillness in the air as if forces were pressing from all sides, forces that were still far away and still vague.

We talked a bit around the fire about the storm that the Chief had noted when we left. Ed thought it would fizzle out. I think I had a feeling then that it wasn't just a short-lived freak. I think I had an idea we might see something of it.

Next morning there was just the faintest trace of extra chill in the air. I'm used to Wyoming mornings and I know just how cold it ought to be at sunrise and how hot. This morning it was just the slightest bit chillier.

"That Canadian Cold Front must have reached the other side of the mountains," I said, waving towards the great rampart of the Rockies to the East. "We're probably feeling the only tendril of it to get over."

"That's sort of odd," Ed said. "There shouldn't be any getting over at all. It must be a very powerful front."

I nodded and wondered what the boys in the bureau were getting on it. Probably snowfall in the northern part of the state. If I had known what the Chief knew that morning, I might have started back in a hurry. But we didn't and I guess we saw something that no one else has as a result.

For at the bureau, the Chief knew at morning that we were in for some extraordinary weather. He predicted for the Rock Springs paper the wildest storm ever. You see the Southern Warm Front had definitely gotten a salient through by at time. It was already giving Salt Lake City one of the hottest days on record and what was more the warm wave was coming our way steadily.

The next thing was that storm from the west. It was growing smaller and tighter again and had passed over Idaho Falls two hours ago raging and squawlingsqualling [sic]. It was heading in our direction like an arrow from a bow.

And finally the Cold Front had done the impossible. It was beginning to sweep over the heights and to swoop down into the Divide basin, heading straight for the Warm Front coming north.

And there was Ed and I with a premonition and nothing more. We were riding along right into the conflux of the whole mess and we were looking for meteors. We were looking for what we expected to be some big craters or pockmarks in the ground and a bunch of pitted iron scattered around a vicinity of several miles.

Towards ten that morning we came over a slight rise and dipped down into a bowl-shaped region. I stopped and stared around. Ed wheeled and came back.

"What's up?" he asked.

"Notice anything funny in the air?" I asked and gave a deep sniff.

Ed drew in some sharp breaths and stared around.

"Sort of odd," he finally admitted. "Nothing I can place but it's sort of odd."

"Yes," I answered. "Odd is the word. I can't place anything wrong but

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text: Dictionary of National Biography, 1885-1900/Vivian, Richard Hussey


text: Dictionary of National Biography, 1885-1900/Vivian, Robert John Hussey


text: Dictionary of National Biography, 1885-1900/Vizetelly, Henry


text: Dictionary of National Biography, 1885-1900/Voelcker, John Christopher Augustus


text: Dictionary of National Biography, 1885-1900/Vokes, Frederick Mortimer


text: Dictionary of National Biography, 1885-1900/Vokins, Joan


text: Dictionary of National Biography, 1885-1900/Volusene, Florence


text: Dictionary of National Biography, 1885-1900/Von Holst, Theodor


text: Dictionary of National Biography, 1885-1900/Vortigern


text: Dictionary of National Biography, 1885-1900/Vossius, Isaac


text: Dictionary of National Biography, 1885-1900/Vulliamy, Benjamin Lewis


text: Dictionary of National Biography, 1885-1900/Vulliamy, Lewis