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Rh reaction—possibly a far-reaching explosion—would result, and blow myself and my apparatus out of the Rigid Universe—out of all possible dimensions—into the Unknown. This possibility had occurred to me again and again while I was making the machine; but then I had cheerfully accepted it as an unavoidable risk-one of the risks a man has got to take! Now the risk was inevitable, I no longer saw it in the same cheerful light. The fact is that, insensibly, the absolute strangeness of everything, the sickly jarring and swaying of the machine, above all the feeling of prolonged falling, had absolutely upset my nerve. I told myself that I could never stop, and with a gust of petulance I resolved to stop forthwith. Like an impatient fool, I lugged over the lever, and incontinently the thing went reeling over, and I was flung headlong through the air

"There was the sound of a clap


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46 of thunder in my ears. I may have been stunned for a moment. A pitiless hail was hissing round me, and I was sitting on soft turf in front of the overset machine. Everything still seemed gray, but presently I remarked that the confusion in my ears was gone. I looked round me. I was on what seemed to be a little lawn in a garden, surrounded by rhododendron bushes, and I noticed that their mauve and purple blossoms were dropping in a shower under the beating of the hailstones. The rebounding, dancing hail hung in a little cloud over the machine, and drove along the ground like smoke. In a moment I was wet to the skin. 'Fine hospitality,' said I, 'to a man who has traveled innumerable years to see you!'

"Presently I thought what a fool I was to get wet. I stood up and looked round me. A colossal figure, carved apparently in some white stone, loomed indistinctly beyond

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Rh the rhododendrons through the hazy downpour. But all else of the world was invisible.

"My sensations would be hard to describe. As the columns of hail grew thinner, I saw the white figure more distinctly. It was very large, for a silver birch tree touched its shoulder. It was of white marble, in shape something like a winged sphinx, but the wings, instead of being carried vertically at the sides, were spread so that it seemed to hover. The pedestal, it appeared to me, was of bronze, and was thick with verdigris. It chanced that the face was toward me; the sightless eyes seemed to watch me; there was the faint shadow of a smile on the lips. It was greatly weatherworn, and that imparted an unpleasant suggestion of disease. I stood looking at it for a little space—half a minute, perhaps, or half an hour. It seemed to advance and to recede as the hail drove before it denser or thinner.


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48 At last I tore my eyes from it for a moment, and saw that the hail curtain had worn threadbare, and that the sky was lightening with the promise of the sun.

"I looked up again at the crouching white shape, and the full temerity of my voyage came suddenly upon me. What might appear when that hazy curtain was altogether withdrawn? What might not have happened to men? What if cruelty had grown into a common passion? What if in this interval the race had lost its manliness, and had developed into something inhuman, unsympathetic, and overwhelmingly powerful? I might seem some old-world savage animal, only the more dreadful and disgusting for our common likeness—a foul creature to be incontinently slain.

"Already I saw other vast shapes—huge buildings with intricate parapets and tall columns, with a wooded hillside dimly creeping in upon me


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Rh through the lessening storm. I was seized with a panic fear. I turned frantically to the Time Machine, and strove hard to readjust it. As I did so the shafts of the sun smote through the thunderstorm. The gray downpour was swept aside and vanished like the trailing garments of a ghost. Above me, in the intense blue of the summer sky, some faint brown shreds of clouds whirled into nothingness. The great buildings about me stood out clear and distinct, shining with the wet of the thunderstorm, and picked out in white by the unmelted hailstones piled along their courses. I felt naked in a strange world. I felt as perhaps a bird may feel in the clear air, knowing the hawk wings above and will swoop. My fear grew to frenzy. I took a breathing space, set my teeth, and again grappled fiercely, wrist and knee, with the machine. It gave under my desperate onset and turned over. It struck my chin violently. One hand


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CSRT Summary of Evidence for Combatant Status Review Tribunal - Al Qahtani, Jabir Hasan Muhamed

Combatant Status Review Board


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As the international copyright provision with the manufacturing clause was the central feature of the copyright campaign culminating in the law of 1 891, so the provision for the control of mechanical music with the compulsory license clause was the central feature of the contest culminating in the act of 1909. This came to be known as the "canned music" fight, and arguments pro and con consumed the greater part of the hearings before the Committees on Patents. The solution finally reached was in the provisos added to the musical subsection (e) of section i of the bill, which in full is as follows:

"(e) To perform the copyrighted work publicly for profit if it be a musical composition and for the purpose of public performance for profit; and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Provided, That the provisions of this Act, so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights: And


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 provided further, and as a condition of extending the copyright control to such mechanical reproductions, That whenever the owner of a musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted work upon the parts of instruments serving to reproduce mechanically the musical work, any other person may make similar use of the copyrighted work upon the payment to the copyright proprietor of a royalty of two cents on each such part manufactured, to be paid by the manufacturer thereof; and the copyright proprietor may require, and if so the manufacturer shall furnish, a report under oath on the twentieth day of each month on the number of parts of instruments manufactured during the previous month serving to reproduce mechanically said musical work, and royalties shall be due on the parts manufactured during any month upon the twentieth of the next succeeding month. The payment of the royalty provided for by this section shall free the articles or devices for which such royalty has been paid from further contribution to the copyright except in case of public performance for profit: And provided further, That it shall be the duty of the copyright owner, if he uses the musical composition himself for the manufacture of parts of instruments serving to reproduce mechanically the musical work, or licenses others to do so, to file notice thereof, accompanied by a recording fee, in the copyright office, and any failure to file such notice shall be a complete defense to any suit, action, or proceeding for any infringement of such copyright.

"In case of the failure of such manufacturer to pay to the copyright proprietor within thirty days after demand in writing the full sum of royalties due at said' rate at the date of such demand the court may award taxable costs to the plaintiff and a reasonable


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 counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not exceeding three times such amount.

"The reproduction or rendition of a musical composition by or upon coin-operated machines shall not be deemed a public performance for profit unless a fee is charged for admission to the place where such reproduction or rendition occurs."

This provision, though somewhat involved in form, tells its own story, and there has thus far been no occasion for judicial construction.

In the series of discussions before the Committees, the friends of copyright argued for the exclusive and unrestricted right of the musical composer to control absolutely the mechanical reproductions of his work, while the representatives of "canned music" argued at first that mechanical reproduction should be permitted without reference to copyright, and later that there should be entire liberty to make reproductions of a musical work on the sole condition of a specified payment to the copyright proprietor. The provision as actually adopted was a compromise upholding the negative right of the author to prevent mechanical reproduction, but requiring him, in the event of a grant of authority to any one manufacturer to reproduce his work mechanically, to extend that privilege to any other manufacturer on payment of the specified royalty. This scheme is practically modeled on what was known as the Pearsall-Smith royalty plan, which, as proposed for books, was stoutly fought by the proponents of the copyright act of 1891, throughout that memorable copyright campaign.

In the case of the White-Smith Music Pub. Co. v. Apollo Co., in which the Æolian Co. was supposed


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 to be the real complainant, the representatives of the musical author were, in 1906, denied protection against the mechanical music rolls made by the defendant, by the Circuit Court of Appeals, where the judges considered themselves "constrained" by the necessity of strict construction to decide that "a perforated roll is not a copy in fact of complainant's staff notation," while saying "that the rights sought to be protected belong to the same class as those covered by the specific provisions of the copyright statutes." It was presumed by many during the copyright campaign that the Supreme Court would make a broad construction of the statute, but that court held, February 24, 1908, in an opinion written by Justice Day, that the considerations adduced "properly address themselves to the legislative and not to the judicial branch of the Government" and that "as the act of Congress now stands, we believe it does not include these records as copies or publications of the copyright music involved in these cases." Justice Holmes, while not dissenting, added a memorandum to the effect that "the result is to give to copyright less scope than its rational significance and the ground on which it is granted seems to me to demand. . . . On principle, anything that mechanically reproduces that collocation of sounds ought to be held a copy, or if the statute is too narrow, ought to be made so by a further act, except so far as some extraneous consideration of policy may oppose." While the judges thus felt "constrained" to deny relief, their strong language in defense of copyright control doubtless had its effect upon the legislative authorities in the framing and the passage of the new code.

This decision was confirmatory of an earlier decision, in Stern v. Rosey in 1901, of Judge Shepard in the Court of Appeals in the District of Columbia,


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 that the mechanical reproduction of two copyrighted songs could not be prevented under the existing law.

Specific and elaborate provision is made for the punishment of infringers under the mechanical music proviso (sec. I, e) by sec. 25, e:

"Whenever the owner of a musical copyright has used or permitted the use of the copyrighted work upon the parts of musical instruments serving to reproduce mechanically the musical work, then in case of infringement of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks, rolls, bands, or cylinders for use in mechanical music-producing machines adapted to reproduce the copyrighted music, no criminal action shall be brought, but in a civil action an injunction may be granted upon such terms as the court may impose, and the plaintiff shall be entitled to recover in lieu of profits and damages a royalty as provided in section one, subsection (e), of this Act: Provided also, That whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this Act, he shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums hereinabove mentioned, award the complainant a further sum, not to exceed three times the amount provided by section one, subsection (e), by way of damages, and not as a penalty, and also a temporary injunction until the full award is paid."


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 The Copyright Office provides a special form (U) on a blue card for registration of "notice of use on mechanical instruments," in which the copyright owner of a musical composition gives notice that he "has used or has licensed the use of said composition for the manufacture of parts of instruments serving to reproduce mechanically such musical work." The recording fee for such notice, as fixed by the statute (sec. 61), is twenty-five cents for the first fifty words and twenty-five cents additional for each additional hundred words.

For recording and certifying the license referred to (sec. I, e) the statute provides (sec. 61) for a fee of one dollar for not over three hundred words, two dollars if not over one thousand words and one dollar for each additional one thousand words or fraction thereof over three hundred words.

The actual fixing of a specified price, as that of two cents or a halfpenny on each reproduction, is a feature quite new in law, American or English, and involves a serious constitutional question. Congress has granted to the Interstate Commerce Commission, and state legislatures to specified authorities, as public service commissions, power to regulate prices; and the U.S. Supreme Court, in 1909, confirming the N.Y. Court of Appeals in the Consolidated Gas Co. cases, upheld the application of the sovereign power of the state to limit the price of gas to 80 cents per looo cubic feet, as sold by a corporation enjoying a public franchise. In this compulsory license provision of the copyright code, Congress has gone further in two directions: it has fixed a royalty price, not by definition or limitation of a "reasonable" price, but absolutely, and it has applied this provision not to a corporation enjoying franchise privileges, but to the individual owner of property created by his own labor.


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 The English laws had not mentioned mechanical reproduction up to the musical copyright act of 1906, which in section 3 expressly provided that " 'pirated copies' and 'plates' shall not, for the purposes of this Act, be deemed to include perforated music rolls used for playing mechanical instruments, or records used for the reproduction of sound waves, or the matrices or other appliances by which such rolls or records respectively are made." The test CEise meanwhile on this question was that of Boosey v. Whight, which was finally decided in the Court of Appeal in 1900, with respect to the use of copyrighted songs on the perforated rolls of the ^Eolian. Justice Sterling in the lower court had decided that the perforations were not an infringement of the copyright but that the marginal directions for playing might be such; Justice Lindley, M. R., held with him that the perforated roll was not a "copy" of the sheet music, but overruled him on the second point, holding that the directions, though copied from the printed page, were neither music nor a literary composition.

The new British measure as prepared in 1910 included as incident to copyright the sole right "in the case of a literary, dramatic or musical work, to make any record, perforated roll, cinematograph film, or other contrivance by means of which the work may be mechanically performed or delivered," thus in the simplest fashion completely covering the control of mechanical reproduction in conformity with the convention of Berlin. But in the Parliament of 1911 the bill emerged from committee stage with an elaborate proviso, based on the American precedent, excepting from the definition of infringement contrivances for the mechanical reproduction of sounds on (I) proof that the copyright owner has previously acquiesced in mechanical reproduction, (2) prescribed notice of


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 intention, and (3) payment of royalty of 2 1/2 or 5 per cent with a minimum of a halfpenny for each record, or in the case of different works on the same record, to each copyright proprietor.

When the international representatives met at Berne in 1886, the mechanical reproduction of music was confined chiefly if not wholly to Swiss musicboxes and orchestrions and to hand-organs, of comparatively little commercial importance; and, possibly with some thought of the recognition of the hospitality of Switzerland, little emphasis was placed on the protection of musical composers against mechanical reproduction of their works. In fact, the final protocol of the Berne Convention of 1886 contained, as clause 3, the following paragraph: "It is understood that the manufacture and sale of instruments for the mechanical reproduction of musical airs which are copyright, shall not be considered as constituting an infringement of musical copyright."

Despite strong representations at the congresses of the International Association for the protection of literary property, held at London in 1890, Neufchitel in 1891, and Milan in 1892, and a vigorous endeavor in connection with the Paris convention of 1896 to replace this clause, it was not modified until the convention of Berlin in 1908, in preparation for which a strong resolution was passed at the congress of the International Association at Vevey in 1901.

With the increasing development of the phonograph and of the mechanical player, mechanical reproductions became so important a matter to musical composers and publishers, that much of the discussion in respect to the amendatory convention of Berlin of 1908 was upon this subject. In the amended convention, the subject was fully covered by article 13:

"Authors of musical works have the exclusive right


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 to authorize: (i) the adaptation of these works to instruments serving to reproduce them mechanically; (2) the pubHc performance of the same works by means of these instruments.

"The limitations and conditions relative to the application of this article shall be determined by the domestic legislation of each country in its own case; but all limitations and conditions of this nature shall have an effect strictly limited to the country which shall have adopted them.

"The provisions of paragraph I have no retroactive effect, and therefore are not applicable in a country of the Union to works which, in that country, shall have been lawfully adapted to mechanical instruments before the going into force of the present Convention.

"The adaptations made by virtue of paragraphs 2 and 3 of this article and imported without the authorization of the parties interested into a country where they are not lawful, may be seized there."

In Germany, under the general copyright law of 1870, the higher courts gave to musical composers control over mechanical reproductions from which, as the industry grew, the authors or publishers obtained some little return. But succeeding the adoption of the permissive clause in the Berne convention of 1886, it was proposed in the new copyright law to free mechanical reproductions from the control of the composer. A protest was at once made by musical authors and publishers, which resulted in a modification of the form proposed by the government and the addition of a clause giving control where the reproduction involved personal interpretation. In this form the "unfortunate section 22" became part of the law of 1 90 1 relating to copyright in literary and musical works. Section 22 was in the following language:


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 "Reproduction is permitted when a musical composition is, after publication, transferred to such discs, plates, cylinders, bands and similar parts of instruments for the mechanical rendering of pieces of music. This provision is applicable also to interchangeable parts, provided that they are not applied to instruments by which the work can, as regards strength and duration of tone and tempo, be rendered in a manner resembling a personal performance."

This had the extraordinary and contradictory effect of giving the author control over the finer reproductions of his works but denying to him any control over the cruder reproductions, as on hand-organs, orchestrions, etc. The opposition which developed against this impossible situation was largely influential in bringing about the modification at Berlin in 1908 of the Berne clause. The law of May 22, 1910, amended the previous general laws in conformity with the Berlin convention, especially by extending protection to the mechanical reproduction of music and cinematograph reproduction of artistic works. Section 22 of the law of 1901 was specifically replaced by an elaborate section, modeled on the American compulsory license provision and requiring a composer who permitted mechanical reproduction to grant similar rights on equal terms to any other manufacturers domiciled in Germany, with provisions for reciprocity and for the treatment of non-German composers through the tribunals of Leipzig. This law became effective coSrdinately with the Berlin convention on September 9, 1910, and in connection with it an ordinance promulgated by the Emperor July 12, 1910, defined the time during which mechanical reproductions already made of copyrighted works should still be permitted. The use of extracts from musical as from other works, as perhaps in potpourris,


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 seems however still to be permitted as a result of the law of 1901.

As a result of the reciprocal provisions of the new German law, the President of the United States on December 8, 1910, proclaimed reciprocal relations between Germany and the United States with reference to mechanical reproductions of music. In the opinion of May 6, 1911, approved by the Attorney-General, a Presidential proclamation is required to determine "the existence of reciprocal conditions" as to the mechanical music provision (sec. I, e) as in respect to sec. 8; but as the proclamation of December 8 did not recite that reciprocal conditions existed between September 9 and December 8, 1910, it is held that "it would not afford evidence sufficient to sustain an action for infringement between said dates."

In France the general copyright act of 1793, as considered to cover mechanical music, was interpreted or modified by the act of 1866, which enacted that "the manufacture and sale of instruments serving to reproduce mechanically musical airs which are still in the private domain, does not constitute musical infringement." In the suit of Enoch v. Société des phonographes et gramophones, the Civil Court of the Seine had decided in 1903 that phonographic instruments were excepted from the protection of the law of 1793 by the "general immunities" concerning the mechanical musical instruments in the act of 1866. But in 1905 the Court of Appeals of Paris reversed this decision, holding that the law of 1866 applied solely to musical airs, that is, those involving no words, on the ground that the law of 1793 was enunciatory of the rights of authors, applying to all modes of publication and distribution, and that the word "publication" should be understood broadly "as jurisprudence has applied it to numerous modes of publication


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Science (journal)/Volume 1/No. 3

 * The Balfour Memorial (pp. 59-60)
 * Rearing Oysters from Artificially Impregnated Eggs (pp. 60-62) by J. A. Ryder
 * The Mappemonde of Sebastian Cabot (pp. 62-65) by Charles Deane
 * Map of the Planets and Stars near the Sun, May 6, 1883 (p. 65) by Edward S. Holden
 * First use of Wire in Deep-Sea Sounding (p. 65) by William H. Dall
 * An Extension of the Theorem of the Virial and its Application to the Kinetic Theory of the Constitution of Gases (pp. 65-66)
 * Consequences of Spleen Extirpation (pp. 66-67) by H. Newell Martin
 * The Cachar Earthquake of 1869 (p. 67) by W. M. Davis
 * A class-room experiment (p. 67) by F. W. Clarke
 * Domestic ducks that fly abroad like pigeons (pp. 67-68) by F. H. Storer
 * Poole's New Index (p. 68)
 * Sir Charles Lyell (pp. 69-70)
 * Weekly Summary of the Progress of Science (pp. 70-82)
 * Intelligence from American Scientific Stations (p. 83)
 * Notes and News (pp. 83-84)

title: Science (journal)/Volume 1/No. 3


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 since the law of July 19 and 24, 1793, and the Code of 1810, and as nothing prevents its extension, in consequence of scientific progress"; and it therefore concluded that literary works either by themselves or associated with music were practically under the law of 1793 and not exempted by the law of 1866. A more recent case, in the Court of Commerce of the Seine in 1905, resulted, however, in the dismissal of a suit for infringement. France accepted the Berlin convention, June 28, 1910; but its provision in article 13, that "the limitations and conditions" as to mechanical music protection "shall be determined by the domestic legislation of each country in its own case," makes uncertain whether protection becomes effective in the absence of specific legislation.

In Belgium in 1904, in the suit of Massenet and Puccini v. Compagnie Générale des phono graphes, et al., it was held by the court of first instance of Brussels that the introduction for sale of discs and cylinders reproducing the musical compositions of the plaintiffs was illegal and liable for damages and punishable as an infringement. This decision was, however, overruled by the Court of Appeals of Brussels in 1905. Belgium accepted the Berlin convention. May 23, 1910, has since protected mechanical reproduction, and was proclaimed as in reciprocal relations with the United States, June 14, 1911.

In Italy the copyright law was considered in relatlon to mechanical instruments by several court decisions of which the latest and most important seems to be in the case of the Societa, Italiana d. Autori v. Gramophone Co. of London, in which, in 1906, the Royal Court of Milan held that reproductions of music by gramophone constituted infringement. This decision held that article three of the Berne convention of 1886 could not derogate from or modify the domestic


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 private law of 1882, and as the Italian law specifically covers publication and reproduction "by any method," it includes gramophone discs. "Publication means a process by which the intellectual concept of the artist is revealed, and brought to the knowledge of others." "What the legislature wanted has been this: that the author be the exclusive owner of the external form in which the creation of the mind has been fixed, and, so to speak, materialized; and that the right be reserved to him to get from his studies and his exertions all the economic benefits which he could derive therefrom."

In the laws of Switzerland of 1883, and Monaco and Tunis of 1889, the fabrication and sale of mechanical instruments or devices for reproducing musical airs were excepted from the definition of piracy. But all these countries have ratified the Berlin convention "without reservation." Luxemburg and Norway have applied the Berlin provision and were proclaimed as in reciprocal relation with the United States on June 14, 1911. Russia has followed American precedent in the new law of 1911, but has no reciprocal relations with the United States.

As the opposition to the control by musical composers of mechanical reproductions of their works is still strong in the United States and in several countries, notwithstanding recent conventions and legislation, and is based largely upon restrictive definitions of the words "writings" and "copies" or their equivalent in other languages, it may be well to include here the argument made by the writer as Vice-president of the American (Authors) Copyright League, at the Congressional hearings on the new American code, of which the essential portions are as follows:

"The American Copyright League stands, as it has stood for a quarter of a century, simply and


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 solely for the protection of authors' rights to the fullest extent, and it asserts that a musical composer is as fully entitled as is the author of any other creative work to the exclusive and full benefits of his compositions, in whatever manner reproduced. The opponents of the bill base their objections largely on a restrictive definition of the word 'writings,' and criticise the bill because this word 'writings' is interpreted throughout the bill by the word 'works,' although this accurately reflects the understanding of Congress and the interpretation of the courts. They would, in fact, confine copyright protection specifically, it may be said, to e-y-e-deas, that is, visible records, and exclude as not visible or legible by the eye, copies of musical compositions mechanically made and interpreted.

"The earliest writing which remains to us is in the Assyrian wedge-shaped inscriptions, made by pressing the end of a squared stick into a soft clay cylinder; the phonograph point inscribes its record in exactly the same manner upon the ' wax ' or composition of the cylinder or disc, for the mechanism only revolves the roll, and the point is actuated by the sound vibrations. The words 'phonograph,' 'graphophone' and 'gramophone' literally mean 'soundwriting,' for the Greek form graph-, the Latin form scrib-, and the Saxon form write, equally parts of our language, denote exactly the same meaning. It is even probable that a future development of phonograph impressions (the third dimension being translated into breadth of stroke as can be mechanically done) will give ultimately a visual phonograph alphabet even more natural and logical than Professor Bell's remarkable system of 'visible speech,' which, of course, like all alphabets, can be read only when the reader has mastered the significance of the


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 symbols. Mr. Edison has himself made some experiments in this direction, though the confusion from the overtones, which give quality of speech, has so far prevented result. A large share of literary productivity to-day is by voice-dictation recorded mechanically by a stenographer on the typewriter or directly on the phonograph disc, and I may instance from personal experience a further step. As one of the committee for the Edison birthday dinner, commemorating the twenty-fifth anniversary of his invention of the incandescent lamp, I was asked to supply some original verse, and it occurred to me to put this in shape by help of Mr. Edison's inventions, without direct or indirect handor typewriting. Accordingly I completed the verses mentally without use of paper and voiced them into an Edison phonograph, verifying this through the telephone, and the lines were set in type by the printer from the soundrecord, and thus printed on the menu for the dinner. Thus my formulated ideas were recorded through the nerves and other mechanism of the vocal organs, instead of through the nerves and other mechanism of the hand, directly by the phonograph point on the phonograph cylinder; and it seems a common-sense inference that if I had caused copies of the phonograph cylinder, though not legible in the ordinary sense, to be published instead of the secondary copies in print, I should be as much entitled to copyright protection in the one case as in the other. The ' telegraphone ' directly records on a steel tape the sounds of the human voice as sent through the telephone, and by an absolutely invisible re-arrangement of the magnetized particles of steel, makes a writing in which there is no possibility of visual legibility.

"Moreover, invention is now developing a series of reproducing mechanisms such as Dr. Cahill's '


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 ' or ' dynamophone,' in which musical compositions will be translated to the ear without the interposition even of a cylinder or disc sound-record ; and it seems a common-sense inference that the musical composer should have as full rights in this as in other forms of copying or reproducing his thought. Buda-Pesth is said to have not only a telephone 'newspaper,' but a system of reading novels and other works of literature to telephone subscribers, and if this should reach such proportions as substantially to reduce the sale of the printed copies of a new novel from which the author would receive benefit, it would also seem a common-sense inference that the same or an equivalent royalty should be paid him.

"In music writing or notation there are two and only two essentials: relative vertical position, showing pitch, and relative horizontal position, showing duration of notes. The earliest form of our present music writing is the system of the 'large,' 'long,' 'breve' and 'semi-breve' notes, in which the pitch was shown by the vertical relations of the notes, and the length of the note by the length of the black mark, the 'large' mark being twice the length of the 'long' mark. This corresponds closely to the perforated music roll of to-day, which could be read by a practiced eye with and probably without staff lines, to the extent that if every other form of reproduction were destroyed, the melody and harmony of a musical work could be reproduced into the ordinary notation of music writing. I speak from personal knowledge of these music rolls, having had a mechanical instrument for some years. The different kinds of rolls differ in the relative spacing and in distance from the edge of the roll, which gives the standard, but a foreshortened photograph of any, bringing them to the same scale, would pattern closely the


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 early form of music writing above cited. The London postal telegraph system dispatches newspaper material from St. Martin's le Grand throughout the kingdom from continuous perforated ribbons made somewhat in the same way, visible and legible only to an expert, and reproductions by the medium of this device would certainly not vitiate copyright.

"It may be observed that the existing law gives to the author or proprietor of a musical composition the sole liberty not only of printing, but of publishing, copying, vending, performing, or representing a musical composition; that the statute does not restrict 'copying' either to a copy of 'staff notation' or from or in any particular form, but prohibits in general any copy of a musical composition; that there is no suggestion in the statute that the copy must be one to be read, e.g., a copy of a sculpture; that any sound-record is in the wide sense as truly a copy of a musical composition as a printed sheet, which is not a copy, in fact, of the author's manuscript writing ; and that as the roll has for its sole purpose the performing by the aid of a mechanism useless without it, of a musical composition, just as a printed sheet of music has the sole purpose of the performing by the aid of the voice, the piano, or the orchestra, of a musical composition, the maker and vendor of the roll is in exactly the same position as the maker or vendor of a printed sheet of music.

"But even if phonograph and perforated records should not be considered, as is sculpture, to be ' writings,' the arguments of the opponents of this bill do not fit the case. The Constitution explicitly provides that authors shall have exclusive rights to their writings. This cannot mean exclusive rights to their written manuscripts, for these are protected by common law and no constitutional provision was


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. It meant and means evidently that authors shall have exclusive rights to the benefits of their wiitings, the usufruct of the property they have created, and that means practically a monopoly control over all copies or reproductions from such writings, whether the copies are in handwriting, printing, or any other form. A musical score is definitely a writing, for it is even more than a literary manuscript, originally in the personal handwriting of the composer himself, without the intervention of a stenographer or a typewriting machine. Therefore, if the narrowest meaning of the word ' writings ' should be interpreted into the Constitution such as would exclude sculptures and other works which are admittedly proper and legal subjects of copyright, it would still specifically include musical and dramatic as well as literary manuscripts. There is no specification in the Constitution confining the exclusive rights over writings to copies in handwriting or print or any other stated process of reproduction; in fact, the Constitution does not use the word 'copyright' or in any way limit by specification the comprehensiveness of the exclusive rights Congress is thus authorized to secure. Indeed, Congress in the copyright laws has interpreted the Constitution to cover the several artistic or reproductive processes from time to time developed or invented; thus in the law of 1865 the provisions of the copyright laws were extended to include ' photographs,' which did not exist at the time of the adoption of the Constitution—which word specifically means ' lightwritings ' as phonograph records specifically mean 'soundwritings.'

"The position taken by the American Copyright League is that an author is literally entitled to the exclusive right, that is, the exclusive benefit, in his writings, in whatever form the writings, that is, his


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 recorded thoughts, can be reproduced for sale or gain. If Mark Twain writes a book or Bronson Howard a play or Sousa or Victor Herbert a musical composition or Millet makes a painting or French a statue, each is equally entitled to whatever benefit inures from his creative genius. Mr. Sousa has stated clearly that although Caruso has been paid $3000—and the fact widely advertised—for singing into a phonograph record, and his own band (not under his leadership) has also been paid for playing his compositions and those of others into the phonograph horn, he has never received as a musical composer one cent for such use of his creations, though from twenty to a hundred of his compositions are to be found on the catalogues of the several manufacturers of mechanical instruments. Mr. J. Howlett Davis, who properly appeared as an inventor in defense of his own inventions in mechanical instruments, which he mistakenly believes would be rendered useless if the copyright protection were extended to sound-records, really asked that Congress should protect the thing which he had invented, and compel users to pay for it, but should permit him to use the thought which the musical composer had invented and expressed, without paying for it. His argument analyzed presents an even stronger argument for the proposed copyright bill than for the protection of patented inventions. When Mr. Sousa buys a patented cornet he has paid for the use of it, but Mr. Sousa makes no claim either to make another cornet like it or to play copyrighted musical compositions for profit without payment or permission. A piano, a pianola, a music roll or new form of mechanism, is patentable; a musical composition as played on a piano by hand or by mechanism, whether reproduced on a printed sheet or a mechanical roll, is copyrightable; but each should have like


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 protection. I speak from specific knowledge as one who has taken out patents as well as copyrights and as the active head for some years of the Edison Illuminating Company of New York and a participant in successfully defending the Edison lamp patents. Mr. Edison, both as an inventor and as a manufacturer of his own inventions, has profited much more than a million dollars from his patents, and would naturally be expected to be foremost in upholding the right of authors to payment for their brains."

The acceptance by most countries within the International Copyright Union of the Berlin convention, without reservation on this question of mechanical music, sets an example of complete protection of the musical composer which it is hoped may be ultimately adopted by the United States as well as by other countries.


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Rh showed upon the clearest evidence that in some cases Malays who had been employed as divers had, at the conclusion of the pearling season, been left without the means of support, with the result that some of them had been reduced to a state of semi-starvation. In his report, however, he was able to point out that the employers in disbanding their foreign crews in a strange land had acted rather with a want of thought as to their helpless position and want of means than with a callous insensibility to the claims of humanity and justice. The report, which was drawn up with a lucid grasp of all the bearings of the case, no less than with the utmost fairness to both masters and servants, still further raised Mr. Fairbairn in the estimation of the Cabinet, and formed the basis for the introduction of reforms in the terms of the labour contracts in vogue in the pearling industry. In 1875 Mr. Fairbairn's valuable services were recognised by his being appointed Resident Magistrate of the Toodyay district, chief centre of which is Newcastle.

Mr. Fairbairn's next forward step was Acting Resident Magistrate at Albany and to be gazetted Acting Chairman of the Quarter Sessions. Having spent six months in this capacity, he returned to the magisterial charge at Newcastle, and remained there until, in 1880, he was appointed Resident Magistrate of the Vasse district, in which he had first commenced his official career as Clerk of Courts. On two other occasions Mr. Fairbairn's services were called into requisition as a special commissioner in the northern parts of the colony. A Malay having murdered a native in the Gascoyne district, which had just been settled, Mr. Fairbairn had to undertake a toilsome and arduous journey to place the circumstances of the tragedy before the Crown Law Department. He was also twice sent to Geraldton to take temporary charge of the bench there, and he was instructed to enquire into the alleged harsh treatment of natives by the white population in the Murchison and Gascoyne districts. After travelling through the whole of the district, in the conscientious discharge of this duty and taking evidence from both whites and blacks, Mr Fairbairn found that many of the charges had been substantiated. The report, in which he unflinchingly threw deserved blame upon his own countrymen, of course created a great deal of animosity against him, but those who sought to asperse him from motives of malignity failed to shake the strong testimony which he had adduced of the cruel oppression of the inferior race. Mr. Fairbairn saw the Kimberley before gold was discovered there, and he was the first Government officer to report the finds at Hall's Creek, which occasioned the famous rush of diggers from all parts of Australia. At the time that he was appointed Government Resident at Kimberley there was no township or even a house for the accommodation of its first officer of the law. When he arrived to take up the position there were only two white settlers, and the natives were at first so wild that they fled upon the arrival of the vessel in which he travelled to the scene of his labours. But from the first Mr. Fairbairn made his camp a place where the blacks could rely upon obtaining kindness and protection, and they quickly made friends with him and flocked to his tent in large numbers, glad to get meat and flour from his stores to eke out their sometimes precarious supply of kangaroo and baobab nuts. It is to the credit of the tribes that they never abused the kindness of their benefactor, for although his camp was often left unguarded he never lost the smallest trifle by theft. The tribes who had never come into contact with the whites were, however, not to be trusted, as the murder of Captain Ricketson, Mr. C. Shenton (a well-known pearler), and one of his crew was perpetrated about 100 miles from Kimberley, at Cygnet Bay. Mr. Fairbairn's stay at Kimberley was made memorable by the opening up of Hall's Creek as a goldfield. The original prospectors, Messrs. Hall and Slattery, brought to the Government Resident Police Magistrate, in 1885, nine ounces of gold. Mr. Fairbairn communicated the important news to the Government, and thereupon Kimberley became the cynosure of all eyes and the goal of hundreds of miners. On leaving Kimberley he vas succeeded by Dr. Lovegrove, the present principal Medical Officer, and Mr. Fairbairn then became Government Resident and Chairman of Quarter Sessions at Roebourne, vice Mr. Hayes Lawrence; but after a few months the subject of our notice had the pleasure of being transferred to the temperate regions of the south as Resident Magistrate of Bunbury and Chairman of Quarter Sessions, in succession to Mr. Pearse Clifton. As a native of Bunbury he had the gratification of having steadily risen in the Civil Service until he held one of the highest and most responsible posts in the town in which he was born. But this was only the prelude to still greater preferment, for on the death of Mr. Slade Mr. Fairbairn was then given the larger jurisdiction of Police Magistrate at Fremantle, the office which he now holds. He has also acted as Police Magistrate at Perth during the absence on leave of Mr. Leake Cowan. During his long experience on the bench Mr. Fairbairn has presided at the hearing of some sensational cases, notably that of Thomas Hughes, who shot two policemen who endeavoured to arrest him for alleged theft.

Mr. Fairbairn is the Visiting Justice of the Fremantle Gaol, in which capacity he has had the oversight of some remarkable and well-connected criminals who, in spite of education and intelligence, have developed strange moral obliquity. and besmirched honourable and ancient family escutcheons. Mr. Fairbairn is able to relax from the severe dignity of his office when he leaves the bench, and is a strong supporter of physical culture. He is president of the Caledonian Society and of the Fremantle Rowing Club, also patron of the local football club. He is the father of two children, his wife being the daughter of Mr. Patrick Taylor, formerly of Kitton Hill, Montrose, Forfarshire, who arrived in the colony with the colonising expedition which was led by Governor Stirling.

It will be seen that Mr. Fairbairn has had an almost unique career as a magistrate, and that officially he has worn the white rose of a blameless life. He has performed the judicial function in all latitudes of this vast colony, and has faced danger, hardship, and the stirring up of hornets nests by plain speech in the interests of the public. He has shown in many different spheres that he possesses the wisdom, the firmness, and the unassailable probity to be just to all men, without fear, favour, or affection. His name occupies an honoured place among those who have administered the laws and protected the welfare of society in Western Australia.

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S society progresses, the prejudices which for generations existed among certain classes concerning trade are rapidly and wisely being eradicated. It is not so very long ago that the scion of aristocracy, with nothing but the achievements of long departed ancestors to commend him, looked supremely down on business pursuits and business men who won their spurs by their own deeds. But things are changing. The lords and the dukes are now engaging in business, and "soil" their hands with trade. They mix with business men and find them, often, of a sterner calibre than themselves.

The successful business men devote themselves to the mystic problems of finance in the heyday of life. To all of us the truth of the saying "money rules the world" is wickedly brought home at some time or other, and happy is he who realises the truth in time. In the olden days when Dampier and his contemporaries lived, the hardy mariners roved the seas and wrested wealth from the Spaniards in bloody warfare, sinking galleons and devastating towns. But when the buccaneers left us, mariners had to accumulate wealth by the more prosaic means of trade or barter. Thus by degrees was born a class of men with the adventurous spirit of the old sea-kings and the business instincts of the merchant, by whose enterprise the bounds of British commerce have been extended to the utmost ends of the earth. In new countries these sailor-merchants seem more numerous than in the older centres of civilisation, and Western Australia, like her Eastern sisters, owes much of her progress to them. In the commercial world of the colony the firm of J. M. Ferguson occupies one of the honoured positions, both for its enterprise and the probity of its principal. Mr. Ferguson's career is one of interest, and his varied enterprises, both by sea and land, have been attended with such success that he is now end of the colony's representative men.

Although born in Dundee in 1841, he came to Western Australia so early in life that he is, to all intents and purposes, a native. His father, a medical man of some prominence in Scotland, saw in the new colony beyond the seas a scope for his abilities denied him in the crowded ranks of his profession at home, and in the year 1842 came with his wife and child to the land of the Black Swan. Dr. Ferguson conducted a private practice in the colony for four years, and then received an appointment as Colonial Surgeon under the Imperial Government, a position he retained up to his death. The son was educated in the colony until he was ten years of age, and was then sent to the Dundee High School to receive instruction in the higher branches of learning not included in the limited curriculum of colonial schools. But the love of the sea, inherited from his ancestors, was fanned into life by the voyage from Australia, and burnt so fiercely that at the age of fifteen he was endowed with all the dignities of a midshipman on board an East Indiaman, and launched out on a sailor's life. For several years he sailed to divers countries, gradually working his way in his profession from the position of inferior to that of captain. Thus having attained the highest position obtainable in the mercantile marine, he turned his eyes to the land of his boyhood, and in 1867 landed in Fremantle. Although only twenty-six years of age, he received the command of a China trader, and made voyages to Singapore and other Eastern ports with the colony's lucrative product—sandalwood, returning with tea and other commodities. As the years rolled on things prospered so well with the sailor that he eventually owned the vessel he commanded. In the profitable trade in which he was engaged Captain Ferguson soon accumulated a competency, with which he could have retired. His energetic nature, however, would not allow him to pass his days in idleness, so after leaving the sea he entered into partnership with Mr. Mummie, the firm being known as Ferguson and Mummie. In 1876 they established the now well-known Swan Brewery, which they carried on successfully until 1883. Then came a favourable opportunity of parting with the business, which in that year was floated into a company. Mr. Ferguson's next venture was with Mr. W. D. Moore, whom he joined in partnership and started as general merchant in Fremantle. In 1889 he launched out on his own account as a merchant, and quickly acquired a large and lucrative business. His knowledge of shipping stood him in good stead, and enabled him, in addition to his own private affairs, to satisfactorily conduct as shipping agent the shipping business of the Jarrahdale Timber Company. Mr. Ferguson chartered several ships, and had others consigned to his order, all of which were loaded with valuable goods for his business. He has become the representative of so many interests that he has now hardly a moment to spare, He is so largely interested in the hardware trade that he contemplates

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British Butterflies (Coleman)/CHAPTER IV

CHAPTER IV.

The mention of butterflies "in the cabinet" leads at once to the question, how to get them there; or, in other words,.

This is a question often less difficult to answer in words than in action, for many of our butterflies are gifted not only with strong prejudices against the inside of a net, but with very strong powers of escaping from that unpleasant situation. Still, by aid of proper apparatus, a sure eye and hand, and often, of a good pair of legs, there is no butterfly, however fleet and wary, that we may not feel ourselves a tolerable match for.

Firstly, then, as to the out-door apparatus required.

This is simple enough, a net and pocket-boxes, with a few pins, being the only essentials.

Variously constructed nets are used, according to fancy, but the choice may lie between two chief forms: the Clap-net and the Ring-net.

The former certainly gives more power in a fair chase, but the latter has the advantage of being the lighter, more portable, and less conspicuous of the two. Both of these instruments are shown in the accompanying figures.

The clap-net (fig. 1) usually has the sticks that compose the framework made each in three separate pieces, joined by ferrules—a couple of light fishing-rods will do excellently, a piece of bent cane being substituted for the top joint. The manner in which the gauze is extended between, and fitted on, these rods will be sufficiently obvious on looking at the cut, which represents the net half open. In taking an insect, one handle is held in each hand, the net opened wide, and thrown over, or made to intercept the insect, when, by suddenly closing the handles together, a closed bag is made, and the little prisoner is secured.

The ring-net (fig. 2), which is the implement most generally in vogue, may be constructed in several ways. The cheapest, and at the same time a highly serviceable one, is made by getting from a tinman a tin "socket" of this form, the larger end fitting on to the end of a straight stick, and the two smaller tubes receiving the ends of a hoop of cane, which carries the net, it being passed through a loose hem round the top of the latter. The cane, taken out of the socket, can be rolled up closely with the net and carried in the pocket to the scene of action, while the handle may be a strong common walking-stick, a most useful auxiliary in getting across country, and thus this net becomes really no incumbrance to the tourist, who may have other matters in hand besides butterfly hunting—perhaps sketching and botanizing—when the larger clap-net becomes quite embarrassing.

Another form of this net has the ring made of metal, and jointed in several places, so as to fold within a small pocketable compass, and arranged to screw into a brass socket on the top of the stick. This is a very commendable net—not so easily home-made as the last, certainly, but it can be readily procured complete from the London dealers (or "naturalists," as they style themselves).

A net that has been a good deal used of late opens and shuts on the umbrella principle, and with the same celerity, forming a ring-net when open—when shut going into a case like that of an umbrella.

Some entomologists, nervously sensitive to public opinion, are, however, somewhat shy of sporting these umbrella nets, for should rain perchance come down while he is on the road, the villagers may be astonished at the insane spectacle of a man scuttling along through the torrent and getting drenched through, while he carries a good-looking umbrella carefully under his arm for fear it should get wet; and if, on the other hand, the weather be fine, the carrying such a protective would seem an equally eccentric whim. But only the very thin-skinned would be driven from the use of a good weapon by such a harmless contingency as I have here supposed.

Other necessary equipments for the fly-catcher are two or three light wooden boxes, as large as can conveniently be carried in the pockets, and having either the bottom, or, if deep enough, both bottom and top lined with a layer of cork, about one-eighth of an inch in thickness.

A pin-cushion, well furnished with entomological pins, should also be carried, and will be found to be most accessible when suspended by a loop and button (or otherwise) inside the breast of the coat.

The pins here mentioned, which are an important item among butterfly-collecting requisites, are of a peculiar manufacture—very small-headed, long and thin, but strong. Any good London dealer will supply them on application, or send them by post into the country.

Armed with the above simple paraphernalia, viz. net to catch, boxes and pins to contain and detain, the insect hunter may sally forth on any fine summer's day, with a pretty sure prospect of sport, and the chance, at least, of a prize. Much depends, however, on the choice of a day, and the nature of the locality that is to form the hunting ground.

As to weather, it must be remembered that winged insects have a great objection to face a north, or north-east wind, during the prevalence of which you will probably find hardly one stirring, however prolific the locality may at other times be.

Butterflies, as a rule, do not appear to be at all influenced by an eye for the picturesque and romantic in the choice of their favourite haunts. Often have I been disappointed in this way, finding a delicious spot, basking in sunshine, and bedight with all manner of flowers such as a butterfly loves, yet with scarcely a stray butterfly to enliven it; while, on the other hand, a piece of the most unpromising flat waste land will be all alive with insect beauty. Those, for example, who would see those splendid creatures, the Swallow-tail butterfly and the large Copper (if this exists with us at all now), must go to the dreary fen districts that form their almost exclusive haunts.

It is, in fact, very hard to say what influences bring a swarm of butterflies together, to populate one particular spot, to the utter neglect of others close at hand, and, to all appearance, just as eligible.

Some species are most remarkable for their excessive localness (as it is called), or, limiting their range to an exceedingly small circumscribed space; so much so, that some rare species have been known to haunt just one corner of one particular field, year after year, while not a single specimen could be found in all the neighbouring fields, though precisely similar, to all appearance. This phenomenon is quite inexplicable with regard to insects endowed so pre-eminently with locomotive powers as butterflies are.

The local nature of his game should, however, induce the collector to leave no nook or corner unexplored when he is "working" a district; as the passing over (or rather, neglecting to pass over) a single field may lose him the very species it would joy him most to find.

I would also advise the beginner—and, indeed, all but the very experienced hands—to catch, not necessarily for slaughter, but for inspection, every attainable individual whose species he cannot positively declare to when on the wing, lest he pass by some rarities unawares. Thus the valued Queen of Spain, and the much-disputed Dia Fritillaries, the Melitæas, the Brown Hair-streak, and (on the mountains) the rare Erebias, perhaps some new to this country,—any of these might be mistaken by a novice for some of the commoner brown species. Among the "Whites," too, the Black-veined White, that great prize, the Bath White, and the white varieties of the Clouded Yellow and Clouded Sulphur, might share the same fate, or fortune rather, of being reckoned as "Cabbage Whites."

Then, with the "Blues." Who is there that could at once distinguish with certainty the very rare Mazarine Blue (P. Acis) from the common Blues when on the wing? Perhaps it would turn out to be less rare than supposed, if all the Blues in a fresh locality were netted as they came near, and set at liberty after passing muster.

Why, only last season a very curious Blue, never before observed in this country, was captured near Brighton by a collector, who, at the moment, thought it was only a Common Blue, so precisely similar did it look when flying.

As to the manipulation of the net, it will be better to leave the young collector to find that out for himself, which, if he has the use of his hands, he will quickly do when he gets into the field. He will soon perceive that with most of the swifter butterflies, it is of no use to make a rush at them. A surprise answers better than a charge; for they easily take alarm at open violence, and then go off straight ahead at a pace that renders pursuit, over bad ground especially, most trying, if not hopeless work. So the "suaviter in modo" principle is best here as elsewhere:—gently follow up and watch your butterfly till he pauses over or settles upon a flower, or whatever it may be; then, with caution, you can generally come within striking distance without giving alarm, and one vigorous, well-aimed stroke usually settles the matter; if, after that, he is outside of your net instead of in, you will find it a difficult matter to get another chance, at least, with most of the larger and strong-flying kinds. But there is much diversity of disposition among these creatures, and some are unscared by repeated attacks. These points of character the collector will soon learn when he has been among these lively little people for a season.

The different species have also their own favourite positions, on which they delight to perch.

Thus the Clouded Yellow loves the low flowers of the railway-bank and the down; often seen toying with a breeze-rocked flower as yellow-coated as himself, as though he had mistaken it, in its fluttering, for one of his mates.

Then the Peacock and Red Admiral are attached to several plants of the composite order, such as the thistles, teazle, and above all (as far as I have observed), to that fine, stalwart plant that frequently abounds in thickets, &c., and known as Hemp Agrimony (Eupatorium cannabinum). I seldom, at the proper season, visit a clump of this growing in a sunny opening, without finding, besides a store of other insects, one or both of these grand butterflies enthroned on the ample purplish flower-heads, and fanning their gorgeous wings, after the custom of their genus, then launching into the air, and, after a few circling evolutions in that element, returning to the self-same flower-heads, their chosen seats.

Both of these flies are easily captured when in this position, as they allow a near approach, and can be without hindrance swept off by a rapid side-stroke of the net.

The glorious Purple Emperor is celebrated for his predilection for a throne on the oak, though some other lofty trees, such as the ash, are occasionally honoured by the imperial presence; but his habits and locale will be referred to more particularly hereafter.

That lovely butterfly, the Silver-washed Fritillary, has a penchant for settling on the bramble, which justifies the preference by proving itself the insect's best friend; but withal a most provoking opponent to his would-be captor, who may get him safely within the net's mouth at the first stroke, when, ten to one, the trusty bramble-hooks clutch into the gauze, and effectually prevent the quick turn of the net that should close it, while the prisoner, seeing his chance, darts out with a sharp rustle that one's irritated feelings easily interpret into a derisive laugh.

But experience will in time teach the fly-catcher the required adroitness to avoid this humiliating defeat.


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British Butterflies (Coleman)/CHAPTER V

CHAPTER V.

 * HOW TO KILL A BUTTERFLY—AN APOLOGY—A TEST FOR LUNACY—CHARGE OF CRUELTY AGAINST ENTOMOLOGISTS—THEIR JUSTIFICATION ATTEMPTED—PAINLESS DEATH—CHLOROFORM—SETTING BUTTERFLIES—CABINETS AND STORE BOXES—CLASSIFICATION—LATIN NAMES—SAVING TIME AND MONEY.

Having complied with the old adage, "First catch your hare," the next point naturally is—how to cook it. So, having caught our butterfly, what are we to do with him?—a question that generally resolves itself firstly into

This truculent sentence may, I fear, look like a blot on the page to some tender-hearted reader, and, in truth, this killing business is the one shadow on the otherwise sunshiny picture, which we would all gladly leave out, were it possible to preserve a butterfly's beauty alive; but this cannot be done, and yet we have made up our minds to possess that beauty—to collect butterflies, in short; there is but one way for it, and so a butterfly's pleasure must be shortened for a few days, to add to our pleasure and instruction, perhaps for years after.

In the time of the great Ray, in such mean repute was the science of entomology held, mainly, I believe, on account of the small size of its objects, that an action at law was brought to set aside the will of an estimable woman, Lady Glanville, on the ground of insanity, the only symptom of which that they could bring forward in evidence was her fondness for collecting insects!

But this was some two centuries ago, and matters have greatly mended for the entomologist since then. Now he may collect butterflies, or other flies, as he pleases, without bringing down a commission "de lunatico" on his head, but still the goodness of his heart is sometimes called in question, and he has to encounter the equally obnoxious charge of cruelty to the objects of his admiration—that, too, from intelligent and worthy friends, whose good opinion he would most unwillingly forfeit.

He, therefore, is naturally most anxious that those friends should be led to share his own conviction, that the pursuit of entomology—the needful butterfly killing and all included—may be not only not cruel, but actually beneficent in theory and practice.

So I will briefly try to act as apologist for the "brotherhood of the net," myself included.

In the first place, I will state roundly my sincere belief that insects cannot feel pain. This is no special pleading, or "making the wish the father to the thought," but a conviction founded on an ample mass of evidence, on my own observations and experiments, and strengthened by analogical reasoning. I wish I had space to lay this evidence in full before the reader; but this being here impracticable, I will not damage the argument by taking a few links out of a chain of facts which depend on their close connexion with each other for their strength and value.

There is, however, one fact which may be taken by itself, and goes a long way in our favour, that I must mention here.

Insects, when mutilated in a way that would cause excessive pain and speedy death to vertebrate animals, afterwards perform all the functions of life—eating, drinking, &c. with the same evident gusto and power of enjoyment as before. Plenty of striking instances of this are on record, and, as an example, I have seen a wasp that had been snipped in two, afterwards regale himself with avidity upon some red syrup, which, as he imbibed, gathered into a large ruby bead just behind the wings (where the stomach should have been); but really the creature's pleasure seemed to be only augmented by the change in his anatomy, because he could drink ten times his ordinary fill of sweets, without, of course, getting any the fuller. I could almost fancy a scientific epicure envying the insect his ever fresh appetite and gastronomic capabilities.

After all that can be said on this subject, there will still probably be misgivings in the mind of many, both as to the question of insect feelings and also as to our right to shorten their existence, even by a painless death.

As to the first point, we have now the means of giving any insect an utterly painless quietus, be it capable of feeling pain or no.

In regard to the second, I think few will deny that man enjoys a vested right to make use of any of the inferior animals, even to the taking of their life, if the so doing ministers to his own well-being or pleasure, and practically every one assumes this right in one way or another. Game animals are shot down (and they assuredly do feel pain), not as necessaries of life, but confessedly as luxuries. Fish are hooked, crabs, lobsters, shrimps perish by thousands, victims to our fancies. Unscrupulously we destroy every insect whose presence displeases us, harmless as they may be to our own persons. The aphides on our flowers, the moths in our furs, the "beetles" in our kitchens—all die by thousands at our pleasure. Then, if all this be right, are we not also justified in appropriating a little butterfly life to ourselves, and does not the mental feast that their after-death beauty affords us at least furnish an equal excuse for their sacrifice with any that can be urged in favour of any animal slaughter, just to tickle the palate or minister to our grosser appetites? To this query there can be, I think, but one fair answer, so we may return with a better face to the question, "How to kill a butterfly."

I have alluded above to a painless mode of doing so, doubtless applicable to all insects. I know it answers admirably with the large moths, so tenacious of life under other circumstances. This potent agent is chloroform, whose pain-quelling properties are so well known as regards the human constitution.

There is a little apparatus constructed for carrying this fluid safely to the field, and letting out a drop at a time into the box with the captured insect, taking care that the drop does not go on to the insect. Or a wide-mouthed bottle may be used, having at the bottom a pad of blotting-paper, or some absorbent substance, on which a few drops of chloroform may now and then be dropped. The insect being slipped into this, and the stopper or hand being placed over the bottle's mouth, insensibility (in the insect) follows immediately, and in a few minutes, at most, it is completely lifeless.

But the usual and quickest mode of despatch is by a quick nip between the finger and thumb applied just under the wings, causing, for the most part, instantaneous death: and this can be done through the net, when the inclosed butterfly shuts his wings, as he usually does when the net wraps round him.

Now take one of your thin pins, and pass it through the thorax of the butterfly, while open or shut, and put it into the corked lining of your pocket-box. So secured, the butterfly will travel uninjured till you reach home; but a heap of dead butterflies in a box together will, in the course of a long walk, so jostle together, as to entirely destroy each other's beauty, rubbing off all their painted scales, when, of course, they are as butterflies no longer.

When you get home, take out all the pins, excepting such as may be stuck perpendicularly through the middle of the thorax, and as soon as possible proceed to "set" your captures.

Preparatory to this, some articles called setting-boards must be provided. A section of one of these is shown in the accompanying cut; but in reality they are made much longer, so as to accommodate a column of half-a-dozen butterflies or more: the breadth may vary, according to the width of the butterflies that are to be set thereon.

The bottom is usually a thin slip of deal, on which are glued two strips of cork, bevelled off towards the edges, with a slightly curved face. Sometimes, however, the whole board is made of soft pine, with a groove planed down the middle, and with care will answer pretty well; but the corked board is far preferable.

The mode of "setting" the insect with card "braces" transfixed with pins, which retain the wings in their proper position, will be also readily seen by reference to the figure.

A great point in "setting" is to take care that all the wings are symmetrically arranged, or diverging from the body at equal angles on each side. Let the antennæ also be carefully preserved, as on their integrity much of the specimen's value depends.

It will be needless to say that any handling of the wings is to be avoided, as a touch will sometimes destroy their bloom.

The setting-board, when filled, should be put away into a secure, dust-proof, and dry place; and in a few days, more or less, according to the dryness or otherwise of the atmosphere, the butterflies will have dried and set in their positions, and are then ready for transference to the store-box or cabinet.

The choice of this receptacle is a serious question for the beginner, who is often in want of a guide to the judicious expenditure of his money, if money he means to spend in this pursuit. To preserve insects, it is not absolutely necessary to have either a cabinet or the regularly-made store-boxes; for, with a little contrivance, any close-shutting, shallow box may be extemporized into a store-box. The bottom may either be lined with sheet-cork (such as is used by shoemakers)—which, however, is a rather dear commodity—or common wine-corks may be sliced up, and cut into little square patches that may be attached in straight rows to the bottom of the box with strong gum or other cement. The first specimens, the nucleus of the future great collection, can be kept here well enough, till a real cabinet can be compassed.

A cabinet, however, need not be bought all at once; it may be arranged to grow with the collection—and, it may be, with the collector too—by having one or two drawers made at a time; till, in course of time, a sufficient number is obtained, when the whole may be fitted into a case at a small additional expense, and then there is a first-rate cabinet complete; for, to make this plan really advantageous, the drawers should be well made and of good material. Of course, all the drawers must be made to the same "gauge," to insure perfect fitting when the cabinet is made up.

These drawers may be made by any clever joiner, but as their construction is peculiar, and not easily described, it is necessary, either that the maker should be accustomed to this speciality, or that he be furnished with a pattern, either by buying a single drawer at a dealer's, where that can be done, by borrowing one out of a friend's cabinet, or by making therefrom a good working drawing (in section, &c.).

The glasses which cover in the drawers should always have separate frames for the more perfect exclusion of dust and mites.

Well seasoned mahogany or deal may be the material for the drawers, but on no account let them be of cedar, a material often used by ignorant or unprincipled makers, to the great detriment of the collection, and mortification of the collector, as resinous matter after a short time exudes from the pores of this wood, dropping down on to the glasses below in a gummy shower, and the effluvium seems to condense upon the contained insects, whose wings are gradually discoloured and disfigured by greasy looking blotches. The drawers are lined at bottom with cork, covered with pure white paper, which should be attached with thin paste.

The butterflies are then to be arranged in the drawers in perpendicular columns, and in accordance with some system of classification. If there be room it is well to have a considerable number of specimens of each species, especially when it is one liable to much variation. At least one of each sex should always be given, and also one of each sex showing the under surface. When the chrysalis can be procured, that also should be pinned down with its fellow-butterfly, and a good coloured drawing of each caterpillar would be a valuable addition to the series. Between the columns, lines should be ruled varying in distance according to the breadth of the butterflies, and small labels should be pinned down at the foot of each species giving its specific name; the name of the genus being placed at the head of the first species of the genus. The names of the families and sub-families under which the genera are classed are also generally given in their respective places.

I have in this little work followed the system of classification used in the public collection of British butterflies at the British Museum, which seemed to me more intelligible and natural when applied to our very limited number of butterflies, than did the system of Doubleday adopted in the great world-wide collection which exists in the private entomological room of the British Museum.

The following table gives the first-mentioned arrangement of all the British species under their respective genera, sub-families, and families. The most authentic of the reputed species are also here inserted in their proper places.

 * Fam. PAPILIONIDÆ.
 * Sub-fam. PAPILIONIDI.
 * Machaon.
 * Podalirius.
 * Sub-fam. PIERIDI.
 * Rhamni.
 * Edusa.
 * Hyale.
 * Cratægi.
 * Brassicæ.
 * Rapæ.
 * Napi.
 * Daplidice.
 * Cardamines.
 * Sinapis.
 * Fam. NYMPHALIDÆ.
 * Sub-fam. SATYRIDI.
 * Galathea.
 * Egeria.
 * Megæra.
 * Semele.
 * Janira.
 * Tithonus.
 * Hyperanthus.
 * Blandina.
 * Ligea.
 * Cassiope.
 * Davus.
 * Pamphilus.
 * Sub-fam. NYMPHALIDI.
 * Sybilla.
 * Iris.
 * Sub-fam. VANESSIDI.
 * Cardui.
 * Atalanta.
 * Io.
 * Antiopa.
 * Polychloros.
 * Urticæ.
 * C. Album.
 * Sub-fam. ARGYNNIDI.
 * Paphia.
 * Aglaia.
 * Adippe.
 * Lathonia.
 * Euphrosyne.
 * Selene.
 * Dia.
 * Cinxia.
 * Athalia.
 * Artemis.
 * Fam. ERYCINIDÆ.
 * Lucina.
 * Fam. LYCÆNIDÆ.
 * Betulæ.
 * Pruni.
 * W. Album.
 * Quercus.
 * Rubi.
 * Phlæas.
 * Chryseis.
 * Dispar.
 * B[oe]ticus.
 * Argiolus.
 * Alsus.
 * Acis.
 * Arion.
 * Corydon.
 * Adonis.
 * Alexis.
 * Ægon.
 * Agestis.
 * Artaxerxes.
 * Fam. HESPERIDÆ.
 * Alveolus.
 * Tages.
 * Paniscus.
 * Actæon.
 * Linea.
 * Sylvanus.
 * Comma.
 * Tages.
 * Paniscus.
 * Actæon.
 * Linea.
 * Sylvanus.
 * Comma.

It will be seen by the above list that seventy species are given as British. Of these, five species, viz. Papilio Podalirius, Erebia Ligea, Argynnis Dia, Chrysophanus Chryseis, and Polyommatus Bœticus, have been so rarely taken as to be refused a place among the regular denizens of our island. So that we can only reckon up the small number of sixty-five species of true British butterflies.

These it now remains to describe individually, but, prior to entering on that task, I would say a few words on the acquirement of scientific nomenclature and systematic arrangement, a knowledge of which will facilitate even our recreations in natural history, while it is absolutely essential to carrying out the really scientific study of any department.

It is true, that the painting of a butterfly and the fragrance of a flower can give deep pleasure to a mind quite unconscious of their Latin names, their genus, order, or anything of the kind; but the interest of natural objects is, I am sure, greatly augmented when we acquire some insight, however dimly, into the wonderful mechanism of creation's plan, its infinite gradation of forms, and their curious, subtle relationships, to which a good system of classification serves, in some degree, as an index. I say, "in some degree," as a system framed in perfect accordance with that of nature is a discovery rather to be desired than hoped for, with the limited knowledge at present permitted to us.

Though these Latin names are generally considered as unwelcome excrescences on the pages of popular natural history works, I would yet advise the young entomologist to master them for once, and accustom himself well to their use. He will not find the task a very difficult one, if I may judge from the repeated instances in which I have heard the almost infantile progeny of my naturalist friends glibly mouthing these redoubtable words, and applying them with the most precise accuracy.

Among collectors it is customary in familiar conversation to use only the second, or specific name of the insect's Latin title; thus, in speaking of the common Swallow-tailed Butterfly, they call it "Machaon" only, which at once distinguishes the one they mean from the other, or scarce Swallow-tailed Butterfly, which they would speak of as "Podalirius." The Pearl-bordered Likeness Fritillary may be called "Athalia," and so on. I think it will be allowed that these Latin names are not harder to learn, remember, or pronounce, than the long-winded English titles; and, when acquired, bring their possessor the advantage of being able to converse with precision on their subject with all naturalists, whether British or Continental; for these names of science are current in all European languages.

Another piece of advice is: don't waste time in trying to puzzle out the meaning, the why or the wherefore of butterflies' scientific names. Now and then, certainly, they have some allusion to the insect's appearance, or to the plant on which it feeds; thus, for instance, Gonepteryx Rhamni, the entomological name of the Brimstone Butterfly, means the "Angle-winged (butterfly) of the Buckthorn," and this is very appropriate and descriptive; but in general there is no more connexion between the name and the character of a butterfly, than there is between a ship's name—the "Furious," the "Coquette," or the "Pretty Jane," as it may be—and the moral disposition or personal appearance of the vessel that bears it.

Also, don't waste money and encourage dishonesty, by giving the absurdly large prices put upon British, or pretended British specimens of butterflies, or other insects that are rare in this country though common on the Continent; when, for all purposes of science, or the pleasure derived from their beauty, avowed Continental specimens, at one-twentieth of the price, will do just as well. In putting these into your cabinet, however, always attach to the pin underneath the insect a label, bearing some mark to denote the specimen's foreign origin.

title: British Butterflies (Coleman)/CHAPTER V


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 extending this branch of the business, and is importing iron, Baltic pine, and Oregon. He has established large sawmills in Perth.

Mr. Ferguson is, as will be seen by his biography, a prosperous business man. In all his ventures he has been successful, not by mere luck, but by personally managing his business. A kindly man, with a pleasant cheerful manner, he is naturally held in high esteem by all whose privilege it is to know him. Just in his dealings, considerate in his actions, and charitable in his prosperity, he stands forth proudly an honest man.

JOHN DAVIES.

OPULAR approval and appreciation, limited and fluctuating as they may be in quantity, have yet certain valuable symptoms of sincerity which are qualitatively superior. Perhaps a little probing is necessary to discover these latent virtues, which form a component part of our judgment or conduct. And whatever may be our attitude towards many disinterested services for our common good, we must frankly admit the extensive claims of some on our praise.

Among the indefinite some the power that manipulates with ease and skill the system of railway rolling stock, which tides us safely and quickly from one point to the other, cannot be adequately estimated. When a system has direct reference to our own security it becomes more a matter of deep moment and concern. We have to depend on the administrative genius of the manager, and its difficult for the lay mind to conceive the complex dimensions of the task. A glance at the time-table will show a perfect system of harmony, regularity, and mathematics, and though we are ignorant of the intricate machinery and principles of operation, we express our admiration of the guiding mind, but naturally narrow the margin of just merit.

That sincerity which we noted as a valuable characteristic amounts to these admissions, though the conclusion is blurred by the introduction of other considerations. The public has now in its power great facilities; its sensibilities, formerly acute, have become blunted by custom from the very fact that now people expect universal perfection, having long enjoyed partial perfection. It is only when as travellers they are comfortably seated in their carriage that a thought strikes them sideways of the great possibilities for accidents, and they banish this uncomfortable reflection by relying on the directing ability of the head. Limiting the sphere of railways to the rapidly-growing colony of Western Australia, our remarks apply more forcibly than ever. Not only feelings of respect and sincere admiration must be felt for the energetic manager of her lines—Mr. Davies—but a tinge of sympathy for what must be continual harassing worry.

Mr. Davies was born in Llanfyllin, Montgomeryshire, Wales, in 1858. In the Morley House Grammar School—an institution of considerable scholastic reputation—he received his early education. Of a practical mould of mind, he devoted himself to the commercial side of education, and gained sufficient training to warrant his embarking on the world's uncertain course. Entering the services of the Cambrian Railway Company, he signed indenture-papers for five years' apprenticeship. During these five years he laboured unceasingly to make himself master of every detail in every department. This bold determination led him to serve in every branch of the company's offices, and his ambition for knowledge was sated to the full. With energy and uncommon rigour he studied carefully every principle and tutored himself in every practical concern. On the expiration of his period of apprenticeship he was appointed chief relieving officer in the same company's employ, and filled every successive post to the general satisfaction. His duties consisted of relieving principal station masters along the line,which embraced a stretch of 250 miles. To him these duties were light and easy, and he was suited to some more responsible post. He took charge of the Aberdovey station for seven years, where he filled the dual positions of station and harbour master.

Young as he was at this period, his abilities and developing resources were recognised by the Central Wales and Caermarthen Junction Railway Company, who pressed him to accept the responsible position of general manager under them. Fully cognisant of its manifold requirements, he was keenly alive to such an extreme responsibility. He accepted the proffered appointment, and was efficiently supervising and bettering the system till 1892, when the Western Australian Government appointed him General Traffic Manager of their Railways.

He came to Western Australia in 1892 on a five years' engagement, which terminated on the 31st December, 1896. A perfect revelation and unexpected scene met his eyes. At home railway systems were established on a firm basis, and complete regularity and efficiency were maintained throughout. Here it

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