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Sewall v. Jones/Dissent Clifford

MR. JUSTICE CLIFFORD dissenting.

Damages are claimed in this case by the complainants for an alleged infringement of two certain letters-patent, which are fully described in the bill of complaint. Those letters-patent are as follows: (1.) No. 34,928, dated April 8, 1862, for a new article of manufacture; namely, Indian corn when preserved in the green state, without drying the same, the kernels being removed from the cob, hermetically sealed, and heated, substantially in the manner and for the purpose set forth in the specification. (2.) No. 35,274, for a new and useful improvement in preserving green corn.

Two other patents were included in the bill of complaint; but they were held to be invalid in the court below, and are not in issue in this investigation.

Both the patents in issue were introduced in evidence at the hearing; and the repeated decisions of this court have established the rule, that a patent duly issued, when introduced in evidence by the complainant in a suit for infringement, is prima facie evidence that the patentee is the original and first inventor of what is therein described as his invention.

Much consideration need not be given to the question of infringement, as the respondent admits that his foreman put up seven hundred cans of green corn, preserved by the same process substantially as that described in the letters-patent of the complainants.

Viewed in the light of these suggestions, it is clear that the decision of the case depends upon the defences set up in the answer. Of the separate defences pleaded, it will be sufficient to examine the first, as the decision of the court is placed chiefly on the defence set up in that part of the answer; which is, that the assignor of the patentee is not the original and first inventor of the improvements described in the respective letters-patent.

Defences involving the validity of a patent cannot be satisfactorily examined or their sufficiency or insufficiency determined without first ascertaining what the inventions are which are the subject-matter of the controversy. Beyond doubt, the invention secured by the first patent is for a new and useful manufacture described as Indian corn preserved in the green state. What the inventor desired to accomplish was to preserve the unripe corn in the green state for table use, without drying the same; and he states, that, in his first attempt to accomplish the desired result, he did not remove the kernels from the cob, but that the product manufactured in that mode was not satisfactory, as the article obtained was very bulky, and failed to retain the peculiar sweetness of green corn cooked in the ordinary way, the same being absorbed, as the patentee supposes, by the cob.

Experiments of various kinds were made to overcome the difficulties attending the effort to preserve the corn without drying the same, which were also unsuccessful, as the kernels when preserved did not retain the milk and other juices of the corn, leaving the product hard, insipid, and unpalatable, and without the full flavor of fresh green corn. All such experiments were, therefore, abandoned; but he finally succeeded in producing an entirely satisfactory new article of manufacture, which is the one described in the specification and claim of the first patent.

His description of the method he adopted in manufacturing the product is substantially as follows: Select a superior quality of sweet corn when in the milk or green state; remove the kernels from the cob by means of a curved and gauged knife or other suitable means; pack the kernels with the juices of the same in cans, and hermetically seal the cans, so as to prevent evaporation under heat, or the escape of the aroma of the corn. Other suitable means are such means, and such only, as will perform the same functions. When packed, the cans with their contents are to be exposed to steam or boiling heat for an hour and a half; then take the cans out of the steam or boiling heat and puncture the cans, and immediately reseal the same while hot, and continue the heat for two hours and a half longer.

Exposure to heat in the manner stated is for the purpose of cooking the contents of the cans; and, when that is accomplished, the cans may be taken out of the boiling heat, and be slowly cooled in a room at the temperature of seventy to a hundred degrees Fahrenheit. Green corn thus packed and treated, the patentee states, may be warranted to keep for an indefinite period in any climate. Being preserved it its natural state as near as possible, it retains the peculiar sweetness and flavor of fresh green corn right from the growing field; and it is only necessary to heat the corn in order to prepare it for the table, as it is fully cooked in the process of preserving.

Argument to show that the commissioner may grant a patent for a product or new manufacture and one for the process is quite unnecessary, as that question is now firmly settled in favor of the power by the unanimous decision of this court. Goodyear v. Rubber Co., 9 Wall. 788; 2 Cliff. 371; Seymour v. Osborne, 11 Wall. 559; Goodyear v. Railroad, 2 Wall. C. C. 356; Curt. on Patents, 4th ed., sect. 269.

2. Pursuant to that rule, the second patent of the complainants was issued, which embodies an invention for a new and useful improvement in preserving green corn; or, in other words, the patented invention is for the process of manufacturing the new product described and secured to the inventor in the other letters-patent.

Applicants for a patent are required to describe their respective inventions; but an invention for a product and an invention for the process to produce the product bear so close a relation to each other, that it is difficult even for an expert to describe the latter without more or less reference to the former. Defects of the kind, however, are of no importance, if the patent for the product contains no claim to the invention for the process.

Separate applications may be made in such a case; or the inventor, if he sees fit, may describe both inventions in one application. Accordingly, the patentee in this case presented only one application in the first place for both patents; but, pending the hearing in the Patent Office, he filed separate specifications, the second containing some of the same phrases as those employed in the specification describing the invention of the new manufacture. Among other things, he admits that it has long been common to boil green or unripened corn, and then to dry the same for winter use; but he adds that corn thus dried must be boiled again when prepared for the table, and that it is more or less hard and insipid, as it loses the fine flavor of fresh green corn. Ears of corn also, he says, are sometimes boiled, and hermetically sealed in cans: but the cob seems to absorb the sweetness of the kernels; or if the kernels are removed from the cob after boiling, and then preserved, still the fine flavor of the natural corn is lost.

Many and varied attempts were made by the patentee to preserve green corn on the cob without drying the same; but all his efforts in that behalf were unsuccessful, as they left the article dry and unpalatable, as the sweetness of the green corn was absorbed by the cob. Experiments of the kind having all failed, he conceived the idea of first removing the corn from the cob, and then boiling or cooking the kernels, and preserving them as separated from the cob.

Some benefit, it seems, resulted from that new conception; but a new difficulty arose, from the fact, that, the kernels of corn being more or less broken in being removed from the cob, the milk and other juices of the corn were dissolved and diluted by the water in the process of boiling, leaving the product insipid, unpalatable, and comparatively tasteless.

Unable to overcome the difficulty in that mode, he next attempted to cook the corn without allowing it to come in contact with the water, by exposing the cans containing the corn to boiling water; but he soon found that that mode of preserving the corn was unsatisfactory, as a long time was required to cook the corn sufficiently for preservation, and the corn became more or less dried and hard.

Sufficient has already been remarked to show that both patents may be considered together, for the reason that all the proofs applicable to the patent for the product are equally applicable to the patent for the process, and the positions taken in argument are the same in both, without an exception.

Want of novelty is the principal defence set up in the answer; and the court decides that the respective patents are invalid, chiefly upon the ground that the foreign invention secured to Peter Durand is prior in date. Before examining that defence, it becomes necessary to refer somewhat more fully to the nature and peculiar characteristics of the respective improvements, in order that the evidence introduced may be correctly understood and properly applied.

Unripe ears of corn may be boiled and hermetically sealed in cans without infringing the inventions of the patentee; but the difficulty with that product is, that the cob absorbs the sweetness of the kernels, and the article becomes insipid and unpalatable, and consequently it is not salable to any considerable extent. Sales of such a product do not infringe the patents of the complainants; and it is clear that the kernels may be removed from the cob, and then preserved in cans in the ordinary mode, without any conflict with the improvements embodied in the complainants' patents: but the product which such a process produces is comparatively valueless, as the fine flavor of green corn cooked in the usual way for table use is lost in the process of manufacture.

Indian corn may also be preserved when in a green state by removing the kernels from the cob, and boiling or cooking the same before the kernels are packed in cans hermetically sealed, without subjecting the manufacturer to the charge of infringing the patents described in the bill of the complaint; but the decisive objection to that process is, that the kernels, or many of them, in being removed from the cob, are broken, and consequently the milk and other juices of the corn in that state are dissolved out in the process of boiling or cooking, and the natural aroma of green corn cooked in the usual way is lost, and the product becomes of little or no value as an article of commerce.

Attempts were made by the patentee in this case to remedy that difficulty by packing the kernels in cans not sealed, and exposing the cans containing the kernels to boiling water; but the experiments were not satisfactory, as it required a long time to cook the corn, during which the milk and other juices of the corn evaporated, and left the kernels dry and hard. All such experiments having failed, the inventor adopted the process of removing the corn from the cob by means of a curved and gauged knife, and packing the kernels with the milk and other juices of the same in cans hermetically sealed, and then boiling the cans with their contents until the same became completely cooked: but he states that the cans containing the corn must be very strong, or the internal pressure will cause them to burst; and, to prevent that, he practised puncturing them after they became well heated, to allow the air to escape, immediately resealing the same to prevent the evaporation of the juices of the corn and the loss of its natural aroma.

Sealed cans, if sufficiently strong, it would seem, may be used to complete the process without the necessity of puncturing during the period they are exposed to the boiling bath; but, unless the cans are very strong, the recommendation is to puncture them, in order to relieve the internal pressure and to prevent them from bursting. Other advantages result from puncturing the cans which deserve consideration. Even if the cans when not punctured do not burst, still the air contained in the same and the vapor become more or less expanded by the heat, so as to press the heads of the can outward, giving the can the appearance of cans which contain gaseous products of decomposition; and the statement is, that such appearances, even when the corn is perfectly preserved, diminish the value of the product as an article of commerce, and show that it is better to puncture and reseal the cans during the process of boiling.

Looked at in any light, it is clear that the purpose of the invention secured by the second patent, as evidenced by the language of the description, is to preserve not only the farinaceous elements of the kernels, but also the milk and juices of the same which give the peculiar aroma or flavor to green corn when cooked for the table in the usual way, during the season when the kernel is full, but before the milk and juices of the kernel become concrete, as in ripe corn.

Beyond all doubt, the patented process, if the directions are properly followed, will accomplish the purpose for which it was invented, and will enable the manufacturer to preserve the kernels of the green corn, with all the milk and juices which the kernels contain, without any chemical or other change except what is produced by the cooking, which is effected by putting the sealed cans containing the kernels with their milk and other juices, just as the same were removed from the cob by the curved and gauged knife, into the boiling water for the periods specified in the description of the specification.

Proof to that effect of the most satisfactory character is exhibited in the record; and the fact that the product of the patented process, to the extent that it has become known, has driven the product of all other processes intended to effect a like result out of the market, attests its accuracy and truth. Suffice it to say, that the remarks made are sufficient to explain and describe what the inventions are which give rise to the present controversy; and, having accomplished that purpose, the next inquiry is, whether the assignor of the complainants was the original and first inventor of the respective improvements.

Examined merely in the light of the pleadings, the affirmative of the issue is upon the complainants; but, the complainants having introduced the respective patents in question, the rule is well settled that the burden of proof is changed, and that it is incumbent upon the respondent to show by satisfactory proof that the alleged inventor was not the original and first inventor of the respective improvements, as they have alleged in their answer.

Ample time was given to both parties in the Circuit Court to prepare for a hearing, and the respondents attempted to meet the issue in two ways:--

Suppose it be true that the assignor of the complainants was the first person in the United States who practised the patented process, and preserved green corn even in that mode of operation: still it is contended that the alleged inventor was not the original and first inventor of the improvement, because the process had been previously known and used in a foreign country: but the Circuit Court ruled and determined that the mere previous knowledge or use of a thing patented in a foreign country was not sufficient to defeat a patented invention granted under the Patent Act; that no evidence of the kind could have that effect, unless it appeared that the same invention had been previously patented in some foreign country, or been described in some public work, anterior to the supposed discovery thereof here by the alleged inventor; that it is wellsettled law, that the mere introduction of a foreign patent or a foreign publication, though of a prior date, will not supersede a domestic patent, unless the description or specifications or drawings contain or exhibit a substantial representation of the patented improvement in such full, clear, concise, and exact terms as to enable any person, skilled in the art or science to which the invention appertains, to make, construct, and practise the invention to the same practical extent as he would be enabled to do if the information was derived from a prior patent issued in pursuance of the Patent Act. Seymour v. Osborne, 11 Wall. 555.

Unable to controvert those propositions, the respondent next refers to the English patent granted to Durand, and insists that it supersedes both of the patents of the assignor of the complainants. His patent bears date the 30th of August, 1810; and the specification states, in substance, that he encloses the food or articles to be preserved in bottles, or other vessels of glass, pottery, tin, or other metals or fit materials, and closes the apertures of the vessels so as completely to cut off and exclude all communication with the external air. When the vessels have been thus charged and well closed, he places them in a boiler, each separately surrounded with straw or wrapped in coarse cloth, or otherwise defended from striking against each other. He then fills the boiler so as to cover the vessels with cold water, and gradually heats the water till it boils, and continues the ebullition for a certain time, which, as he says, must depend upon the nature of the substances and other obvious circumstances.

Vegetable substances, the specification states, are to be put into the vessels in the raw or crude state. Animal substances are to be partly or half cooked, although these may be put in raw; and he adds that articles thus prepared may be kept for a very long time and in a state fit for use; and no doubt is entertained that unripe corn prepared in that way may be kept for a long time, as it is evident that the kernels would be dried by the heat, but they would necessarily cease to have the flavor of fresh green corn when cooked in the usual way for table use. Confirmation of that is found in what immediately follows in the specification, which shows that the patentee also claims the application of heat in other modes, as by placing the vessels in an oven or a stove, the effect of which, beyond all doubt, would be to dry the kernels, and make it necessary to reboil the contents of the vessel in order to fit the same for table use.

Certain vegetable substances may, perhaps, be preserved to advantage in that way; but it is clear that the application of high heat to the vessels containing green corn, unless the kernels were surrounded by water or some other suitable liquid, would necessarily dry the kernels, and render them unfit for table use without soaking or reboiling. Doubtless the term 'vegetable substances' is comprehensive enough to include green corn: but the patentee, in enumerating the articles to be preserved, does not mention green corn; and, of course, the specification contains nothing to indicate whether the kernels are or are not to be removed from the cob before they are placed in the bottles or other vessels; or, if to be removed, in what manner the removal is to be effected; nor whether the kernels are to be left whole or broken, as in the mode of operation described in the patents in question.

Corn at that period was unknown in England, and it is not probable that the patentee had ever heard of such an article, and it does not appear that a can of green corn has ever been preserved in that mode of operation to the present time. Patented inventions must be described so that those skilled in the art or science may be able to make, construct, and practise the same; and yet it is plain that no amount of study or examination of the foreign specification would ever enable any person to preserve green corn in the mode of operation employed by the assignor of the complainants.

Study it as you will, and the conclusion must be that the vegetable substance, whatever it may be, is to be placed in the bottles or other vessels in the raw or crude state, without any previous preparation, and without any liquid to prevent the substance from drying. Indian corn on the cob, or unbroken kernels of green corn, cannot be preserved in that way so as to possess any commercial value.

Instead of packing the kernels in the cans in their crude state, the process patented by the assignor of the complainants directs that the kernels should be cut from the cob in a way which leaves the coarser part of the hull on the cob, and breaks open the kernels, liberating the juices, to use the language of the patentee, and causing the milk and other juices of the corn to flow out and surround the kernels as they are packed in the cans, in such a mode that the milk and juices of the kernels form the liquid in which the whole is cooked when the sealed cans are subjected to the bath of boiling water. Water is never added to the mixture to be preserved; nor is it necessary, as the liquid composed of the milk and juices of the kernels is sufficient to prevent the heat from drying the vegetable substance to be preserved; and, if water should be added, it would dilute the milk and other juices, and render the product insipid and valueless.

Evidently much is due to that feature in the patented mode of operation in preserving the product in its natural state, and causing it to retain the sweetness, peculiar flavor, and natural aroma of green corn fresh gathered from the field, and boiled in the usual way for table use. Nothing of the kind is suggested in the foreign patent; and it is clear that a careful comparison of the description of the complainants' patents with that of the Durand patent fully justifies the opinion of the learned expert examined by the complainants, that the two patented processes are essentially and substantially unlike, and confirms the conclusion already expressed, that persons having no other knowledge of the complainants' process than what they can derive from perusing the specification of the foreign patent would never be able to preserve green corn by the complainants' mode of operation.

Palpable as those differences are, they ought not to be overlooked in determining the issues between these parties. Meritorious inventors are entitled to protection; and the proofs are full to the point that the product, manufactured by the process of the complainants, is far superior to that preserved in any other mode; which, beyond all question, is the cause that induced the respondent to abandon other methods, and to practise the patented process at the risk of a suit for infringement.

Other vegetables, such as beets and carrots, or pease and beans, may be packed in cans in a crude state under the foreign process, as they retain their juices, and may perhaps be tolerably well preserved in that mode of operation if entirely secluded from the atmosphere, as by packing ripe vegetables in hermetically-sealed cans; but the chemical composition of such vegetables is very different from green sweet corn, which is much more difficult to preserve in its natural freshness without loss of its peculiar flavor and aroma, as accomplished by the complainants' process. When the kernels are cut from the cob, they are opened, and the milk and other juices flow out, and become the liquid in which the kernels are to be cooked, and the milk and the other juices become a constituent part of the vegetable substance to be preserved.

Prompt action is required to accomplish the object; for, if the mixture is exposed to the air for any considerable time before the cans are filled, the chemical relations of the constituents will be changed, and the whole substance will become sour and unwholesome. Exposure to heat, if seasonable, will prevent that tendency, as the relations of the constituents of which the mixture is composed will become fixed, and the danger of putrefaction or souring will be greatly diminished, or be entirely averted.

Throughout the experiments, the aim of the patentee was to perfect the process of preserving green corn without losing any of the flavor of the milk and natural juices of the cereal in its green state, and to discover the method or means of fixing the constituents or elements of the corn when in the milk, so that, when packed in vessels to be preserved, the chemical relations of the constituents of the substance to each other would never change, unless the vessels containing the mixture were opened. Such a purpose, it is obvious, could not be accomplished by packing the corn in cans in the crude state, or before the kernels were removed from the cob, as the juices of the kernels would be absorbed by the cob in the cooking: nor could he accomplish his object by cutting the kernels from the cob and boiling them in water before they were packed in the cans, or by cooking the kernels in open vessels without water; as in the one case the milk and other juices would be washed out of the kernels, and with that operation all the peculiar flavor of the cereal in the green state; and, in the other case, the aroma and juices of the kernels would be lost by evaporation.

His process includes the mode of preparing the mixture for filling the cans, as well as the mode of cooking and preserving the same; for, if it did not, the great aim he had in view would not be accomplished. Preserved green corn, unless it is packed and cooked in its own milk and juices, is of very little value, as it is only in that mode of operation that the preserved articles will retain the peculiar flavor and sweetness which the cereal possesses when fresh gathered from the field and cooked in the usual way.

No doubt the kernels may be removed from the cob without cutting, and may be preserved in that form under the process described in the foreign patent: but the decisive answer to that concession is, that that process is not the process of the complainants; and the product preserved in that mode of operation is of a very inferior quality, as appears by the concurrent testimony of all the witnesses. Sweet corn in the green state is a peculiar substance, differing in material respects from any other cereal or vegetable used for food. Its constituents are such, that it is singularly susceptible to fermentation, decomposition, and change,-more so than any other vegetable that has been successfully preserved in hermetically-closed vessels for any considerable length of time. Such liability to rapid change is not due to any one particular constituent, but to the presence of several, such as gluten, sugar, fat, and starch, in such proportions as are calculated to promote fermentation and action upon each other. As compared with sweet pease, for instance, the kernels of sweet corn are much more delicate, and liable to change, as they contain a much larger proportion of milk, juice, or sap, which itself contains more sugar, starch, and oil than the juice of sweet pease, and the glutinous constituents which act as the ferment or primary cause of change are much more active in the juice of sweet corn than in that of sweet pease.

Equally instructive support to the same view is derived by comparing sweet corn with such fruits as peaches, as the juice of the peach contains no oil and more water than the corn, besides other differences of an equally important character; showing that such fruits as peaches are much less liable to ferment than sweet corn, and that they are much more easily preserved.

Examined in the light of these suggestions, as the case should be, it is clear that the mode of operation described in the complainants' specification differs widely from every process which preceded it, and that it effects a new and highly useful result. Wide differences in the mode of operation from any thing which it is proved ever existed before is shown in every descriptive feature of the complainants' specification; and so palpable and marked are those differences, that it would create astonishment and surprise if any competent expert can be found who would now venture to testify that the foreign process given in evidence is the same as that practised by the complainants.

Great injustice, in my opinion, is done to the appellees in this case: but they may still enjoy the satisfaction to know, that, while courts of justice may alter the names of things, they cannot change the things themselves without exercising positive invention; nor can they obliterate the relation between cause and effect, for the reason that the law which regulates that relation is irrepealable.

title: Sewall v. Jones/Dissent Clifford


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The Encyclopedia Americana (1920)/Fischer, Emil

FISCHER, Emil, German chemist: b. Euskirchen, 1852. After studying at Strassburg, in 1879 he was appointed professor extraordinary at the University of Munich and became professor of chemistry at Erlangen 1882, filling a similar chair at Würzburg 1885. He was appointed professor of organic chemistry at the University of Berlin 1892, succeeding the celebrated A. W. Hofmann; and in 1902 received the Noble prize for chemical research. His researches were along the lines of synthetic sugar, in which field he was a pioneer; and he also made significant investigations of the composition of the “purine group,” the polypeptides (synthetic proteids) and the depsides. He is author of ‘Anleitung zur Darstellung organischer Präparate’ (Eng. trans. by Stanford, 1909), a popular text-book; numerous papers which have since been collected into book form, and ‘Die Chemie der Kohlenhydrate und ihre Bedentung für die Physiologie’ (1894), and ‘Chemical Research in its Bearings on National Welfare’ (1912).

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The Encyclopedia Americana (1920)/Fischer, Ernst Kuno Berthold

FISCHER, Ernst Kuno, koo'nō, Berthold, German historian of philosophy: b. Sandewalde, Silesia, 23 July 1824; d. Heidelberg, 5 July 1907. He studied at the universities of Leipzig and Halle and in 1849 became a lecturer on philosophy at the University of Heidelberg. However, he was interdicted from teaching philosophy at Heidelberg in 1853; but after filling professorships in Berlin and Jena, had the satisfaction of being called to the chair of philosophy and history of modern German literature at Heidelberg in 1872. He was a brilliant lecturer and possessed a remarkable gift for clear exposition. His fame rests primarily on his work as a historian and commentator of philosophy. As far as his philosophical views were concerned, he was, generally speaking, a follower of the Hegelian school. His writings in this direction, especially his interpretation of Kant, involved him in a quarrel with A. F. Trendelenburg, professor of philosophy at the University of Berlin, and his followers. His greatest work was his ‘Geschichte der Neueren Philosophie’ (6 vols., Stuttgart-Mannheim-Heidelberg 1854-77; new edition, Heidelberg 1897-1901), written in the form of brilliant monographs on Descartes, Kant, Fichte, Schelling and other great philosophers down to Schopenhauer. He also published ‘Diotima. Die Idee des Schönen’ (Pforzheim 1849); ‘Die Interdict meiner Vorlesungen’ (Mannheim 1854); ‘Die Apologies meines Lebens’ (Mannheim 1854); ‘System der Logik und Metaphysik oder Wissenschaftslehre’ (Stuttgart 1852); ‘Franz Baco von Verona’ (Leipzig 1875; translated into English by J. Oxenford, London 1857); ‘Kants Leben und die Grundlagen seiner Lehre’ (Mannheim 1860); ‘Akademische Reden: J. G. Fichte; Die Beiden Kantischen Schulen in Jena’ (Stuttgart 1862); ‘Lessings “Nathan der Weise” ’ (Stuttgart 1864; translated into English by E. Frothingham, New York 1868); ‘B. Spinozas Leben und Charakter’ (Heidelberg 1865; translated into English by F. Schmidt, Edinburg 1882);

‘Shakespeares Charakterentwickelung Richards III’ (Heidelberg 1868); ‘Uber die Entstehung und die Entwickelungsformen des Witzes’ (Heidelberg 1871); ‘Kritik der Kantischen Philosophie’ (Munich 1883; translated into English by W. S. Hough, London 1888); ‘Goethe-Schriften’ (8 vols., Heidelberg 1888-96); ‘Kleine Schriften’ (Heidelberg 1888-98); ‘Schiller-Schriften’ (2 vols., Heidelberg 1891); ‘Philosophische Schriften’ (3 parts, Heidelberg 1891-92). Other translations of his works are Mahaffy, J. P., ‘A Commentary of Kant's “Critic of Pure Reason” ’ (London-Dublin 1866); Gordy, J. P., ‘Descartes and his School’ (New York 1887). In honor of his 80th birthday, celebrated in 1904, there was published by O. Liebmann, W. Wundt, T. Lipps and others, ‘Die Philosophie im Beginn des 20. Jahrhunderts. Festschrift für Kuno Fischer’ (Heidelberg 1907). Consult Alexander, A. B. D., ‘Kuno Fischer. An Estimate of his Life and Work’ (in Journal of Philosophy, Psychology and Scientific Methods, Vol. V, p. 57, New York 1908); Falkenheim, H., ‘Kuno Fischer und die Litterar-Historische Methode’ (Berlin 1892); Goehring, H., ‘Von Kuno Fischers Geistesart’ (in Pädagogisches Magazin, Heft 317, Langensalza 1907); Petsch, R., ‘Kuno Fischer’ (in Deutsche Shakespeare Gesellschaft Jahrbuch, Vol. XLIV, p. 189, Berlin 1908); Trendelenburg, A. F., ‘Kuno Fischer und sein Kant’ (Leipzig 1869); Vaihinger, H., ‘Der Streit zwischen Trendelenburg und Fischer’ (in ‘Commentar zu Kants “Kritik der Reinen Vernunft,” ’ Vol. II, pp. 290 and 545, Stuttgart 1882-92); Windelbrand, W., ‘Kuno Fischer’ (Heidelberg 1907).


text: Author:Shelford Bidwell

title: Author:Shelford Bidwell


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Page:Social Justice without Socialism.djvu/62

 The Riverside Press

CAMBRIDGE. MASSACHUSETTS

U. S. A


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 Barbara Weinstock Lectures on

The Morals of Trade


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 BY

PROFESSOR OF POLITICAL ECONOMY AT COLUMBIA UNIVERSITY

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BOSTON AND NEW YORK

HOUGHTON MIFFLIN COMPANY

The Riverside Press Cambridge

1914


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 COPYRIGHT, 1914, BY THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA

ALL RIGHTS RESERVED

Published April 1914


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The Encyclopedia Americana (1920)/Fischer, Johann Georg

FISCHER, Johann Georg, German poet: b. Gross Süssen, Würtemberg, 25 Oct. 1816; d. Stuttgart, 4 May 1897. From 1833-85 he held various positions as school teacher, most of the time in connection with schools in Stuttgart. Early in life he showed deep interest in nature and many of his poems show this influence. He excelled in popular songs and ballads; and in his love songs nobly idealized nature and passion. He wrote four dramas: ‘Saul’ (1862); ‘Friedrich II von Hohenstaufen’ (1863); ‘Florian Geyer’ (1866); ‘Kaiser Maximilian von Mexico’ (1868). In ‘Aus dem Leben der Vögel’ (1863) he notes the characteristic phenomena of the psychic life of animals with the acuteness of a naturalist and the sympathy of a poet. His other works, practically all of them published in Stuttgart, were ‘Gedichte’ (1838); ‘Dichtungen’ (1841); ‘Gedichte’ (1854); ‘Neue Gedichte’ (1865); ‘Den Deutschen Frauen’ (1869); ‘Aus Frischer Luft’ (1872); ‘Neue Lieder’ (1876); ‘Merlin. Ein Liederzyklus’ (1877); ‘Der Glückliche Knecht. Ein Idyll’ (1881); ‘Auf dem Heimweg’ (1891); ‘Mit Achtzig Jahren’ (1896). Consult Fischer, H., ‘Erinnerungen an J. G. Fischer von seinem Sonne’ (Tübingen 1897).


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 Bourn shire, on his death-bed in 1695 recommended Bourn as his successor there. Bourn removed thither in 1695, and though at first not well received by the whole congregation, he declined the inducement of a larger salary offered by the Calne people to tempt him back, and gradually won the love of all his Bolton flock. For him the new meeting-house (licensed 30 Sept. 1696) was built on the ground given by his uncle. He originated, and after a time entirely supported, a charity school for twenty poor children. His stipend was very meagre, though when pleading for the wants of others he was known as 'the best beggar in Bolton.' By will he left 20l. as an additional endowment to the Monday lecture. His constitution broke some time before his death, which occurred on 4 March 1719. On his deathbed, in answer to his friend Jeremiah Aldred (d. 1729), minister of Manton, he emphatically expressed his satisfaction with the non-conformist position he had adopted. His funeral sermon was preached (from 2 Kings ii. 3) by his son Samuel [see below], who had already been appointed to preach a funeral sermon for a member of his father's flock, and discharged the double duty. Brown married the daughter of George Scortwreth, ejected from St. Peter's, Lincoln, and had seven children. His eldest son Joseph died on 17 June 1701 in his twenty-first year; his youngest sons, Daniel and Abraham, had died in infancy in April 1701; his widow survived him several years. Bourn printed nothing, but his son Samuel published: 4 Several Sermons preached by the late Rev. Mr. Samuel Bourn of Bolton, Lane.,' 1722, 8vo (two sets of sermons from 1 John iii. 2, 3, on 'The transforming vision of Christ in the future state,' &c.), adding the funeral sermon, and a brief memoir by William Tong (b. 1662, d. 21 March 1727), and dedicating the volume to a relative, Madam Hacker of Duffield. He speaks of his father as a great preacher, a good pastor, a good scholar, and an honest, upright man. A portrait prefixed to the volume shows a strong countenance; Bourn wears gown and bands, and his flowing hair is confined by a skull-cap.

 BOURN, SAMUEL, the younger (1689–1754), dissenting minister, second son of the elder [q. v], was born in 1689 at Calne, Wiltshire. He was taught classics at Bolton, and trained for the ministry in the Manchester academy of John Chorlton and James Coningham, M.A. His first settlement was at Crook, near Kendal, in 1711, where he gave himself to study. He carried with him his father's theology, but seems to have attained at Manchester the latest development of the nonsubscribing idea, for at his ordination he declined subscription, not from particular scruples, but on general principles; hence many of the neighbouring ministers refused to concur in ordaining him. Toulmin says 'the received standard of orthodoxy' which was proffered to him was the assembly's catechism. In 1719, when the Salters' Hall conference had made the Trinitarian controversy a burning question among dissenters, Bourn, hitherto 'a professed Athanasian,' addressed himself to the perusal of Clarke and Waterland, and accepted the Clarkean scheme. While at Crook, Bourn dedicated a child (probably of baptist parentage) without baptism, according to a form given by Toulmin. In 1720 Bourn succeeded Henry Winder (d. 9 Aug. 1752) at Tunley, near Wigan. He declined in 1725 a call to the neighbouring congregation of Park Lane, but accepted a call (dated 29 Dec. 1727) to the 'new chapel at Chorley.' On 7 May 1731 Bourn was chosen one of the Monday lecturers at Bolton, a post which he held along with his Chorley pastorate. On 19 April 1732 Bourn preached the opening sermon at the New Meeting, which replaced the Lower Meeting, Birmingham, and on 21 and 23 April he was called to be colleague with Thomas Pickard in the joint charge of this congregation and a larger one at Coseley, where he was to reside. He began this ministry on 25 June. He was harassed by John Ward, J.P., of Sedgley Park (M.P. for Newcastle-under-Lyne, afterwards sixth Baron Ward, and first Viscount Dudley and Ward), who sought to compel him to take and maintain a parish apprentice. Bourn twice appealed to the quarter sessions, and pleaded his own cause successfully. Subsequently, on 15 Dec. 1738, Ward and another justice tried to remove him from Sedgley parish to his last legal settlement, on the pretext that he was likely to become chargeable. Toulmin prints his very spirited reply. After Pickard's death, his colleague was Samuel Blyth, M.D. Bourn had a warm temper, and was not averse to controversy; was in his element in repelling a field-preacher, or attacking quakers in their own meeting-house, and with difficulty was held back by his friend Orton from replying on the spot to the doctrinal confession of a young independent minister, who was being ordained at the New


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 Assistance, Writs of, 307

Auger, 162

Augsburg— Confession of, 102, 127, 129, 157; Diet of, 93, 94, 106-7, 123, 136; League of, 247; Peace of Religion, 127

Augustinians, the, 92, 114

Augustus, the Elector, the Strong, 266-7, 279

Aulic Council, the, 192

Aurispa, 75

Austria— Religious policy, 9, 182; Counter-Reformation in, 123-4; the army raised by Wallenstein, 186; Hague Treaty concluded, 255; domination over Italy, 258; policy of Kaunitz, 293-4

Avaux, D', and James II., 229

Avrigny, D', Jesuit, 118

Bacon, Francis, 59, 196; impeachment, 199

Baer, method of, 21

Bajazet, rule of, 36

Balboa, discoverer of the Pacific, 69

Bâle, Council of, 90

Bank of England, 230

Baptists, 201

Barberini, Cardinal, See Urban VIII., Pope

Barberini, family of, 226

Barcelona, Treaty of, 40, 141

Barclay, retreat of, 298

Barillon, 7; cited, 223

Barnabites, 114

Barnevelt, Olden, death, 174

Baronius, Cardinal, 83, 121, 173

Barrier Fortresses, 254

Barros, cited, 59

Barrow, Isaac, 223

Bartolus, 72

Basilica of Constantine, 82

Bastille, the, 243

Battle, 153

Baumgarten, A., 161

Bavaria, Duke of, 184

Bavaria, Elector of, 259

Bavaria, Prince of, 250-51

Baxter, R., 209, 246

Bayard, defeated by Gonsalvo, 42

Baylet, 136; cited, 27

Bedloe, 213

Belgium, war of Spanish Succession in, Belgrade, 36

Bellarmin, R., in siege of Paris, 169; theories of, 178

Bellasis and the Dover Treaty, 213, 223

Belling, 213

Belvedere, the, 79

Benedict XIV., Pope, 92

Benedictines, the, 78, 101, 114, 209

"Benefizio," the, 110, 119

Bengal, 299

Bentham, 20

Bentinck and William III., 257

Berlin— Jewish persecutions, 85; religion in, 285; Huguenots settle in, 286

Bernard, St., 98

Berne, 131

Bernstorff, Russian Chancellor, 294, 303

Berwick, Duke of— and William of Orange, 222; invitation to govern Ireland, 229; and Harley, 263; rising of 1715, 269

Besançon, 244

Bessarion, 75, 84

Beust, minister, 296

Béziers, Council of, 112

Bibbiena, Comedies, 79

Bill— Limitation, 214; second Exclusion, 214; of Rights, 231, 264; Peerage, 271; Excise, 272-3

Bishops, trial of the Seven, 224

Bismarck, 199

"Black Box," the, 215, 218

Black Hole, the, 295

Blenheim, battle of, 259, 260

Blondel, 78

Blucher, 185

Boccaccio, 72

Bohemia— Hussitism in, 128; the Majestätsbrief, 182, 183; religious toleration, 182; revolt against Ferdinand, 183-5; the League formed, 184; the Union formed, 184; flight of the Elector, 185

Bolingbroke— Policy, 262, 263; on government by Party, 268; disgrace of, 270; and the slave trade, 274; formation of the "King's Friends," 275

Bollandists, 78

Bologna, Concordat of, 47

Bombay, Albuquerque and, 57

Bonaparte, Napoleon, 298-9; partition of Poland, 302

Bond of Craigmillar, the, 147

Bonnet, Parliamentary reports, 276

Bordier, cited, 161

Borghese family, 173, 226

Borgia, Cæsar— Lewis XII. and, 40-41; character, 42-3; Julius II. and, 43-5

Borromeo, St. Charles, 122


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The Encyclopedia Americana (1920)/Fischer, Joseph

FISCHER, Joseph, German clergyman and cartographer: b. Quadrath, Rhein, Germany, 19 March 1858. He was educated at the gymnasium, Rhein, Westphalia, and the universities of Münster, Munich, Innsbruck and Vienna, and Jesuit scholasticates in Holland, Austria and England. In 1881 he entered the Society of Jesus and was ordained to the priesthood in

1891. Since 1895 he has been professor of geography and history at Stella Matutina College, Feldkirch. His scientific achievements comprise the discovery of the maps of Waldseemüller of 1507 and 1516 and of Jodocus Hondius in Wolfegg Castle, Württemberg in 1891. In 1903-04, and again in 1909-10, he visited Italy, France and England as member of the Austrian Institute of Historical Studies for the purpose of cartographical research. He has published ‘Die Beziehungen Kaiser Rudolfs II zu Erzherzog Matthias bis zum Vertage von Lieben’ (1608); ‘Der sogennante Schottwiener Vertrag vom Jahre 1600’ (1897); ‘Der Linzer Tag vom Jahre 1605 in seiner Bedeutung für die Österreichische Haus und Reichsgeschichte’ (1898); ‘Die Entdeckungen der Normannen in America’ (1902; Engl. trans., 1903); ‘Die älteste Karte mit dem Namen America A.D. 1507, und die Carta Marina aus dem Jahre 1516 des M. Waldseemüller’ (German and English eds., 1903); ‘Map of the World by Jodocus Hondius, 1611’ (1907); ‘Introduction of the Cosmographiæ Introductio of Martin Waldseemüller’ (1907); ‘Der “deutsche Ptolemäus” um 1490’ (1910). He collaborated in Jahrbuch des historischen Vereins von Liechtenstein (1910) and contributed to the Innsbrucker theologische Zeitschrift, Innsbrucker Fernandeums Zeitschrift, ‘Historical Records and Studies,’ ‘Göttinger Gelehrte Anzeigen,’ ‘The Catholic Encyclopedia,’ and ‘Stimmen aus Maria-Laach.’


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Convention amending the Treaty establishing the European Economic Community, with a view to making applicable to the Netherlands Antilles the special regime of association defined in part IV of the said Treaty

==Convention amending the Treaty establishing the European Economic Community, with a view to making applicable to the Netherlands Antilles the special regime of association defined in part IV of the said Treaty (with Protocol and Final Act)==

Authentic texts: French, German, Italian and Dutch.

Registered by Italy on 23 June 1987

H.M. the King of the Belgians, the President of the Federal Republic of Germany, the President of the French Republic, the President of the Italian Republic, H.R.H. the Grand Duchess of Luxembourg, H.M. the Queen of the Netherlands,

Taking into consideration the Treaty setting up the European Economic Community signed in Rome on 25th March 1957, and also the Declaration of Intention in regard to the Association of the [Dutch West Indies] to the Community made on the same day by their Governments and appended to 3 the Final Act of the inter-Governmental Conference for the Common Market and EURATOM,

Being desirous of bringing the Economic Association of the Dutch West Indies with the European Economic Community, requested by the Kingdom of the Netherlands, within the application of the special system defined in Part Four of the Treaty together with special provisions regarding imports into the Community of petroleum products refined in the Dutch West Indies,

Having regard to the favourable Opinion of the Council dated 22nd October 1962 arrived at after consulting the Assembly and the Commission,

Have decided to that end to amend the Treaty setting up the European Economic Community in accordance with the provisions of Article 236 thereof, and have to that end appointed as their plenipotentiaries:

H.M. the King of the Belgians: M. Henri Fayat, Minister attached to Foreign Affairs

The President of the Federal Republic of Germany: M. Rolf Lahr, Secretary of State in the Ministry of Foreign Affairs

The President of the French Republic: M. Jean-Marc Boegner, Ambassador, President of the French Delegation at the Conference

The President of the Italian Republic: M. Carlo Russo, Under-Secretary of State in the Ministry of Foreign Affairs

H.R.H. the Grand Duchess of Luxembourg: M. Eugene Schaus, Vice-President of the Government and Minister for Foreign Affairs

H.M. the Queen of the Netherlands: M. H. R. van Houten, Secretary of State in the Ministry for Foreign Affairs;

M. W. F. M. Lampe, Plenipotentiary Minister for the Dutch West Indies

Who, having been convened by the President of the Council of the Community, and having exchanged their Full Powers, found in good and due form,

Have agreed as follows:

Article 1.
The Dutch West Indies shall be entered on the list in Annex IV of the Treaty setting up the European Economic Community. "The Protocol concerning goods originating in and coming from certain countries and enjoying special treatment upon importation into one of the Member States" therefore ceases to be applicable to that country.

As regards relations between that country, of the one part, and the Member States and Overseas Territories, of the other part, the system which results from the application of the Treaty on the date of entry into force of this Convention and which will afterwards result from it in respect of other Overseas Countries and Territories shall be applicable to the Dutch West Indies.

Article 2.
There shall be added to the Protocols appended to the Treaty setting up the European Economic Community, to form an integral part thereof, the following Protocol: "Protocol concerning imports into the European Economic Community of petroleum products refined in the Dutch West Indies", the text of which is appended hereto.

Article 3.
This Convention shall be ratified by the High Contracting Parties in accordance with their respective Constitutional Rules. The instruments of ratification shall be lodged with the Government of the Italian Republic.

This Convention shall come into force on the first day of the month following the lodging of the instrument of ratification of the last signatory State to carry out this formality. If, however, such lodging takes place less than fifteen days before the beginning of the following month, entry into force of the Convention is postponed until the first day of the second month following the date of the lodging of the instrument of ratification.

Article 4.
This Convention, drawn up in a single original in the German, French, Italian and Dutch languages, all four texts being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the Governments of the other signatory States.

the undersigned plenipotentiaries have placed their signatures below this Convention.

at Brussels, the thirteenth day of November, one thousand nine hundred and sixty-two.

Protocol concerning imports into the European Economic Community of petroleum products refined in the Netherlands Antilles
of giving fuller details about the system of trade applicable to imports into the Community of petroleum products refined in the Netherlands Antilles,

on the following provisions, which shall be annexed to this Treaty:

Article 1
This Protocol is applicable to petroleum products coming under the Combined Nomenclature headings 2710, 2711, 2712 (paraffin wax and petroleum wax), ex 2713 (paraffin residues) and 2714 (shale wax), imported for use in the Member States.

Article 2
Member States shall undertake to grant to petroleum products refined in the Netherlands Antilles the tariff preferences resulting from the Association of the latter with the Community, under the conditions provided for by this Protocol. These provisions shall hold good whatever may be the rules of origin applied by the Member States.

Article 3

 * 1) When the Commission, at the request of a Member State or on its own initiative, establishes that imports into the Community of petroleum products refined in the Netherlands Antilles under the system provided for in Article 2 are giving rise to real difficulties on the market of one or more Member States, it shall adopt a European decision establishing that customs duties on the said imports shall be introduced, increased or reintroduced by the Member States in question, to such an extent and for such a period as may be necessary to meet that situation. The rates of the customs duties thus introduced, increased or reintroduced may not exceed the customs duties applicable to third countries for these same products.
 * 2) The provisions of paragraph 1 can in any case be applied when imports into the Community of petroleum products refined in the Netherlands Antilles reach two million tonnes a year.
 * 3) The Council shall be informed of European decisions adopted by the Commission in pursuance of paragraphs 1 and 2, including those directed at rejecting the request of a Member State. The Council shall, at the request of any Member State, assume responsibility for the matter and may at any time adopt a European decision to amend or revoke such decisions.

Article 4

 * 1) If a Member State considers that imports of petroleum products refined in the Netherlands Antilles, made either directly or through another Member State under the system provided for in Article 2, are giving rise to real difficulties on its market and that immediate action is necessary to meet them, it may on its own initiative decide to apply customs duties to such imports, the rate of which may not exceed those of the customs duties applicable to third countries in respect of the same products. It shall notify its decision to the Commission, which shall within one month adopt a European decision establishing whether the measures taken by the State should be maintained or must be amended or cancelled. Article 3(3) shall be applicable to such decision of the Commission.
 * 2) When the quantities of petroleum products refined in the Netherlands Antilles imported either directly or through another Member State, under the system provided for in Article 2, into a Member State or States exceed during a calendar year the tonnage shown in the Annex to this Protocol, the measures taken in pursuance of paragraph 1 by that or those Member States for the current year shall be considered to be justified. The Commission shall, after assuring itself that the tonnage fixed has been reached, formally record the measures taken. In such a case the other Member States shall abstain from formally placing the matter before the Council.

Article 5
If the Community decides to apply quantitative restrictions to petroleum products, no matter whence they are imported, these restrictions may also be applied to imports of such products from the Netherlands Antilles. In this case preferential treatment shall be granted to the Netherlands Antilles as compared with third countries.

Article 6

 * 1) Articles 2 to 5 may be reviewed by the Council, by unanimous decision, after consulting the European Parliament and the Commission, when a common definition of origin for petroleum products from third countries and associated countries is adopted, or when decisions are taken within the framework of a common commercial policy for the products in question or when a common energy policy is established.
 * 2) When such revision is made, however, equivalent preferences shall in any case be maintained in favour of the Netherlands Antilles in a suitable form and for a minimum quantity of 2 1/2 million tonnes of petroleum products. 3. The Community's commitments in regard to equivalent preferences as referred to in paragraph 2 may, if necessary, be broken down State by State taking into account the tonnage indicated in the Annex to this Protocol.

Article 7
For the implementation of this Protocol, the Commission is responsible for following the pattern of imports into the Member States of petroleum products refined in the Netherlands Antilles. Member States shall communicate to the Commission, which shall see that it is circulated, all useful information to that end in accordance with the administrative conditions recommended by it.

Annex
For the implementation of Article 4(2), the High Contracting Parties have decided that the quantity of 2 million tonnes of petroleum products from the Antilles shall be allocated among the following Member States as follows:

Final Act
The plenipotentiaries of His Majesty the King of the Belgians, the President of the Federal Republic of Germany, the President of the French Republic, the President of the Italian Republic, Her Royal Highness the Grand Duchess of Luxembourg, Her Majesty the Queen of the Netherlands, Having met at Brussels on 13 November 1962 in a conference of representatives of the Governments of Member States, with a view to amending the Treaty establishing the European Economic Community under the terms of article 236 thereof,

Have taken note of the following texts:

 * The proposal submitted to the Council on 4 June 1962 by the Government of the Kingdom of the Netherlands concerning an amendment to the Treaty with a view to making applicable to the Netherlands Antilles the special regime of association defined in Part Four of the Treaty,
 * The opinion adopted by the Assembly on 19 October 1962,
 * The opinion, dated 10 September 1962, of the Commission of the European Economic Community,
 * The favourable opinion, dated 22 October 1962, of the Council of the European Economic Community, with respect to the convening of a conference of representatives of the Governments of Member States for the purpose of bringing the Netherlands Antilles into association with the European Economic Community;

Have established the following texts:

 * The Convention amending the Treaty establishing the European Economic Community, with a view to making applicable to the Netherlands Antilles the special regime of association defined in Part Four of the said Treaty,
 * The Protocol concerning imports into the European Economic Community of petroleum products refined in the Netherlands Antilles and the Annex to the said Protocol.

At the time of signing these texts, the Conference adopted the following Declarations:

 * Declaration relating to the regime governing trade between the Netherlands Antilles and the associated overseas States
 * The representatives of the Governments of Member States have agreed, in light of the opinion submitted to the Council by the Commission, that the regime governing trade relations between the Netherlands Antilles and the associated overseas States shall be established by agreement with the said States.
 * Declaration relating to the specific regime governing imports into the Community of petroleum products refined in the Netherlands Antilles
 * The representatives of the Governments of Member States agree that, when the specific regime provided for in article 6 of the Protocol concerning imports into the European Economic Community of petroleum products refined in the Netherlands Antilles is established, account shall be taken of the need to ensure equivalent treatment for the Netherlands Antilles and for the other overseas countries and territories in association under the terms of Part Four of the Treaty establishing the Community.


text: Talk:Convention amending the Treaty establishing the European Economic Community, with a view to making applicable to the Netherlands Antilles the special regime of association defined in part IV of the said Treaty


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Author:John Rose Bradford

Works

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The attendant Spirit decends or enters.

Efore the tarrie threhold of Ioves Court My manion is, where thoe immortall hapes Of bright aëreall Spirits live inphear'd In Regions mild of calme and erene aire, Above the moake and tirre of this dim pot Which men call Earth, and with low-thoughted care Confin'd, and peter'd in this pin-fold here, Strive to keepe up a fraile, and feaverih being Vnmindfull of the crowne that Vertue gives After this mortall change to her true Servants Amongt the enthron'd gods on Sainted eats. Yet ome there be that by due teps apire Rh

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 THE BABYHOOD OF WILD BEASTS

GEORGIA M. McNALLY

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"To you, my literary friend and adviser, I am indebted for the title of this work. You are known as a kindly friend of our wild creatures of the woods—one sympathetically interested in their psychology, rights, and protection. To you, therefore, I dedicate """

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I believe that every normal human child is born with a natural love for wild animals, and a desire to know them intimately. That this universal instinct sometimes is suppressed, and its tendrils often reach out in vain for something to which to cling, is not the fault of human nature, but environment. It is because of that pathetic desire to know the beautiful wild creatures of the world that we have zoological parks and gardens.

The child or the adult who grows up, lives, and dies without having had a chance to become personally acquainted with a lot of interesting wild animals, loses much out of life.

All healthy children are interested in animals, but most of all are they interested in young animals. Naturally, also, it is the wild babies that appeal most strongly to the great universal motherhood instinct in woman, both tame and wild. I once knew personally a black bear cub

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viii that was literally nursed in the depths of a snowy Maine forest by a human foster mother, along with a human foster sister; and both were happy ever after.

If a woman can not write of jungle babies sympathetically and understandingly, who can? With Miss McNally, the love for wild animals and their offspring is no passing fancy, nor a fad of a day or an hour. It is good to know how the little four-handed and four-footed fold impress a perfectly normal, genuine and old-fashioned American girl. It is no cause for wonder that her acquaintance with wild animals should have created a desire to set forth their babies, in word and picture, for the pleasure of others.

Let us hope that old-fashioned human and humane interest in our living wild animals never will die, and that our love for young animals will never grow old. The better we know wild animals in life, the less we will fill like reducing them to a state of death,—and of minimum interest! WILLIAM T. HORNADAY

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 CHAPTER I

BABY BEAVERS

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28 The adult Beaver is soft greyish-brown in colour, covered with coarse chestnut hair that is waterproof. He has small brown eyes and long orange-coloured incisors; little funny ears, and a face resembling a squirrel.

Mr. Beaver spends most of his time in the water, but is an air-breathing mammal. He is found from Texas, throughout the Rocky Mountains, Sierras and Cascades, northward to the northern limit of trees, and throughout Canada and New England.

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 CHAPTER II

BABY ORANG-UTANS

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36 are our three largest apes. The Orang is brown-skinned, like the Malays are in the country he comes from; while the Chimpanzee and Gorilla are black-skinned, like the natives of Africa, which is their habitat.

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 CHAPTER III

A BABY HIPPOPOTAMUS

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 CHAPTER IV

BABY RACCOONS

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