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Rh with mining camps and villages. Here there would be two thousand souls under canvas; there one thousand or fifteen hundred ensconced, as if for ever, in a town of comfortable houses. But the luck had failed, the mines petered out; and the army of miners had departed, and left this quarter of the world to the rattlesnakes and deer and grizzlies, and to the slower but steadier advance of husbandry. It was with an eye on one of these deserted places, Pine Flat, on the Geysers road, that we had come first to Calistoga. There is something singularly enticing in the idea of going, rent-free, into a ready-made house. And to the British merchant, sitting at home at ease, it may appear that, with such a roof over your head and a spring of clear water hard by, the whole problem of the squatter's existence would be solved. Food, however, has yet to be considered. I will go as far as most people on tinned meats; some of the brightest moments of my life were passed over tinned mulligatawney in the cabin of a sixteen-ton schooner, storm-stayed in Portree Bay; but after suitable experiments, I pronounce authoritatively that man cannot live by tins alone. Fresh meat must be had on an occasion. It is true that the great Foss, driving by along the Geysers road, wooden-faced, but glorified with legend, might have been induced to


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158 bring us meat, but the great Foss could hardly bring us milk. To take a cow would have involved taking a field of grass and a milkmaid; after which it would have been hardly worth while to pause, and we might have added to our colony a flock of sheep and an experienced butcher. It is really very disheartening how we depend on other people in this life. "Mihi est propositum," as you may see by the motto, "id quod regibus"; and behold it cannot be carried out, unless I find a neighbour rolling in cattle. Now, my principal adviser in this matter was one whom I will call Kelmar. That was not what he called himself, but as soon as I set eyes on him, I knew it was or ought to be his name; I am sure it will be his name among the angels. Kelmar was the store-keeper, a Russian Jew, good-natured, in a very thriving way of business, and, on equal terms, one of the most serviceable of men. He also had something of the expression of a Scotch country elder, who, by some peculiarity, should chance to be a Hebrew. He had a projecting under lip, with which he continually smiled, or rather smirked. Mrs. Kelmar was a singularly kind woman; and the oldest son had quite a dark and romantic bearing, and might be heard on summer evenings playing sentimental airs on the violin.

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1922 Encyclopædia Britannica/Schwab, Charles Michael

SCHWAB, CHARLES MICHAEL (1862-      ), American capitalist, was born at Williamsburg, Pa., April 18 1862. He was educated in the public schools and at St. Francis College, Loretto, Pa., where he gained an elementary knowledge of engineering. From 1878 to 1880 he was a clerk in a store at Braddock, Pa., and then became a stake driver in the engineering corps of the Edgar Thomson Steel Works of Carnegie Bros. & Co. His ability brought him rapid promotion and in 1881 he was made chief engineer and assistant manager. Six years later he was appointed superintendent of the Homestead Steel Works. In 1889, on the recommendation of Henry Frick, he was made general superintendent of the Edgar Thomson Steel Works, and in 1892, after the formation of the Carnegie Steel Co., he was made also general superintendent of the Homestead Works. In 1897 he was elected president of the Carnegie Steel Co., and when this was merged in 1901 in the U.S. Steel Corp. he was made president of the latter. He resigned in 1903. He then turned his attention to shipbuilding and a few years later with other capitalists secured control of the Bethlehem Steel Corp.,

which owned the Bethlehem Steel Co., and several other corporations engaged in the iron, steel and shipbuilding business. He was made chairman of the board of directors. After the outbreak of the World War in 1914 and before the United States entered it, these companies filled orders for the Allies aggregating between 400 and 500 million dollars. The manufacture of submarines for England raised the question of neutrality, but this was solved by shipping parts to Canada, where they were assembled. It was generally understock that German interests made attempts to secure control of the Bethlehem works in order to shut off munitions from the Allies, and a report that Mr. Schwab was offered $100,000,000 for his interest was not only widely published but was given prominence in a reception given to him by the New York Chamber of Commerce, and neither then nor at any other time denied by Mr. Schwab. After America's entrance into the war special attention was given to the speeding up of shipbuilding, and in April 1918, at the urgent request of President Wilson, Mr. Schwab became director-general of the shipbuilding board of the Emergency Fleet Corp. His power of rousing enthusiasm among workers by personal contact began immediately to produce results. The resulting output for 1918 was 410 steel vessels (2,570,077 deadweight tonnage), 106 wooden ships (376,480 deadweight tonnage), and 10 composite ships (37,500 deadweight tonnage), a total of 526 vessels. After the signing of the Armistice in Nov. 1918, feeling that his services were no longer required, he resigned from the Emergency Fleet Corp. in Dec. and returned to his position as chairman of the board of directors of the Bethlehem Steel Corp. Later, charges were brought that he had wrongfully used Government money for expenses unrelated to public duties during his tenure of office, but official investigation completely exonerated him. His benefactions include a Catholic church at Loretto, as well as buildings and endowment for St. Francis College; a church at Braddock, Pa., a school at Weatherly, Pa., and a country home on Staten Island, N.Y., for children of the New York Foundling Hospital.


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A Grammarian's Funeral

Let us begin and carry up this corpse, Singing together. Leave we the common crofts, the vulgar thorpes Each in its tether Sleeping safe on the bosom of the plain, Cared-for till cock-crow: Look out if yonder be not day again Rimming the rock-row! That's the appropriate country; there, man's thought, Rarer, intenser, Self-gathered for an outbreak, as it ought, Chafes in the censer. Leave we the unlettered plain its herd and crop; Seek we sepulture On a tall mountain, citied to the top, Crowded with culture! All the peaks soar, but one the rest excels; Clouds overcome it; No! Yonder sparkle is the citadel's               Circling its summit. Thither our path lies; wind we up the heights: Wait ye the warning? Our low life was the level's and the night's;               He's for the morning. Step to a tune, square chests, erect each head, 'Ware the beholders! This is our master, famous calm and dead, Borne on our shoulders.

Sleep, crop and herd! sleep, darkling thorpe and croft, Safe from the weather! He, whom we convoy to his grave aloft, Singing together, He was a man born with thy face and throat, Lyric Apollo! Long he lived nameless: how should spring take note Winter would follow? Till lo, the little touch, and youth was gone! Cramped and diminished, Moaned he, "New measures, other feet anon!               My dance is finished?" No, that's the world's way: (keep the mountain-side,               Make for the city!) He knew the signal, and stepped on with pride Over men's pity; Left play for work, and grappled with the world Bent on escaping: "What's in the scroll," quoth he, "thou keepest furled?               Show me their shaping Theirs who most studied man, the bard and sage,                Give!"—So, he gowned him, Straight got by heart that book to its last page: Learned, we found him. Yea, but we found him bald too, eyes like lead, Accents uncertain: "Time to taste life," another would have said, "Up with the curtain!" This man said rather, "Actual life comes next?               Patience a moment! Grant I have mastered learning's crabbed text,                Still there's the comment Let me know all! Prate not of most or least,                Painful or easy! Even to the crumbs I'd fain eat up the feast,                Ay, nor feel queasy." Oh, such a life as he resolved to live, When he had learned it, When he had gathered all books had to give! Sooner, he spurned it. Image the whole, then execute the parts— Fancy the fabric Quite, ere you build, ere steel strike fire from quartz, Ere mortar dab brick!

(Here's the town-gate reached: there's the market-place               Gaping before us.) Yea, this in him was the peculiar grace (Hearten our chorus!) That before living he'd learn how to live— No end to learning: Earn the means first—God surely will contrive Use for our earning. Others mistrust and say, "But time escapes:               Live now or never!" He said, "What's time? Leave Now for dogs and apes!               Man has Forever." Back to his book then: deeper drooped his head: Calculus racked him: Leaden before, his eyes grew dross of lead: Tussis attacked him. "Now, master, take a little rest!"—not he! (Caution redoubled, Step two abreast, the way winds narrowly!) Not a whit troubled Back to his studies, fresher than at first, Fierce as a dragon He (soul-hydroptic with a sacred thirst) Sucked at the flagon. Oh, if we draw a circle premature, Heedless of far gain, Greedy for quick returns of profit, sure Bad is our bargain! Was it not great? did not he throw on God, (He loves the burthen) God's task to make the heavenly period Perfect the earthen? Did not he magnify the mind, show clear Just what it all meant? He would not discount life, as fools do here, Paid by instalment. He ventured neck or nothing-heaven's success Found, or earth's failure: "Wilt thou trust death or not?" He answered "Yes:               "Hence with life's pale lure!" That low man seeks a little thing to do,                Sees it and does it: This high man, with a great thing to pursue,                Dies ere he knows it. That low man goes on adding one to one,                His hundred's soon hit: This high man, aiming at a million,                Misses an unit. That, has the world here—should he need the next,                Let the world mind him! This, throws himself on God, and unperplexed                Seeking shall find him. So, with the throttling hands of death at strife,                Ground he at grammar; Still, thro' the rattle, parts of speech were rife:                While he could stammer He settled Hoti's business—let it be!—                Properly based Oun— Gave us the doctrine of the enclitic De,                Dead from the waist down. Well, here's the platform, here's the proper place: Hail to your purlieus, All ye highfliers of the feathered race, Swallows and curlews! Here's the top-peak; the multitude below Live, for they can, there: This man decided not to Live but Know— Bury this man there? Here—here's his place, where meteors shoot, clouds form, Lightnings are loosened, Stars come and go! Let joy break with the storm, Peace let the dew send! Lofty designs must close in like effects: Loftily lying, Leave him—still loftier than the world suspects, Living and dying.

title: A Grammarian's Funeral


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Rh I had no idea, at the time I made his acquaintance, what an important person Kelmar was. But the Jew store-keepers of California, profiting at once by the needs and habits of the people, have made themselves in too many cases the tyrants of the rural population. Credit is offered, is pressed on the new customer, and when once he is beyond his depth, the tune changes, and he is from thenceforth a white slave. I believe, even from the little I saw, that Kelmar, if he choose to put on the screw, could send half the settlers packing in a radius of seven or eight miles round Calistoga. These are continually paying him, but are never suffered to get out of debt. He palms dull goods upon them, for they dare not refuse to buy; he goes and dines with them when he is on an outing, and no man is loudlier welcomed; he is their family friend, the director of their business, and, to a degree elsewhere unknown in modern days, their king. For some reason, Kelmar always shook his head at the mention of Pine Flat, and for some days I thought he disapproved of the whole scheme and was proportionately sad. One fine morning, however, he met me, wreathed in smiles. He had found the very place for me—Silverado, another old mining town, right up the mountain. Rufe Hanson, the hunter, could take care of us—fine


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160 people the Hansons; we should be close to the Toll House, where the Lakeport stage called daily; it was the best place for my health, besides. Rufe had been consumptive, and was now quite a strong man, ain't it? In short, the place and all its accompaniments seemed made for us on purpose. He took me to his back door, whence, as from every point of Calistoga, Mount Saint Helena could be seen towering in the air. There, in the nick, just where the eastern foot-hills joined the mountain, and she herself began to rise above the zone of forest—there was Silverado. The name had already pleased me; the high station pleased me still more. I began to inquire with some eagerness. It was but a little while ago that Silverado was a great place. The mine—a silver mine, of course—had promised great things. There was quite a lively population, with several hotels and boarding-houses; and Kelmar himself had opened a branch store, and done extremely well—"Ain't it?" he said, appealing to his wife. And she said, "Yes; extremely well." Now there was no one living in the town but Rufe the hunter; and once more I heard Rufe's praises by the yard, and this time sung in chorus. I could not help perceiving at the time that there was something underneath; that no unmixed desire to have us comfortably settled had inspired the


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Rh Kelmars with this flow of words. But I was impatient to be gone, to be about my kingly project; and when we were offered seats in Kelmar's waggon, I accepted on the spot. The plan of their next Sunday's outing took them, by good fortune, over the border into Lake County. They would carry us so far, drop us at the Toll House, present us to the Hansons, and call for us again on Monday morning early.


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Collier's New Encyclopedia (1921)/Wilson, Thomas Woodrow

WILSON, (THOMAS) WOODROW, 28th President of the United States, was born of Scotch-Irish ancestry at Staunton, Va., Dec. 28, 1856. His father was the Rev. Joseph R. Wilson, a Southern Presbyterian minister, who gave much of his time to teaching; his mother was Jenet (Jessie) Woodrow. Educated in youth at various Southern schools and having spent about a year at Davidson College (N. C.); he went to Princeton, where he distinguished himself in debating and literary work, graduating 1879, ranking 38th in a class of 106. He

studied law at the University of Virginia (1879-1881) and practiced for a year at Atlanta, Ga. (1881-2). Thence he went to Johns Hopkins University, where he studied political science (1883-5), taking the degree of Ph. D. (1886) with an unusually brilliant thesis. The next twenty-five years of his life (1885-1910) were spent almost entirely in educational work, although he always took an active interest in public affairs. From 1885 to 1888 he was associate professor of history and political economy at Bryn Mawr; from 1888 to 1890 professor of the same subjects at Wesleyan; and from 1890 to 1910 he was on the faculty of Princeton University; from 1890 to 1895 as professor of jurisprudence and political economy; from 1895 to 1897 as professor of jurisprudence; from 1897 to 1910 as professor of jurisprudence and politics. From 1902 to 1910 he was president of Princeton, being the first layman to occupy that position. During his presidency some notable reforms were brought about in the college, chief among them the introduction of the preceptorial system. Mr. Wilson set his mind so firmly on improving the scholastic standards of Princeton that among certain of the alumni it was said that he was trying to turn the dear old college into a confounded educational institution. His attempt to change the “club” system and other efforts to make Princeton more democratic led to much friction; and it is no secret that he gladly availed himself of the opportunity honorably to withdraw when on Sept. 15, 1910, there was offered to him the Democratic nomination for governor of New Jersey.

Mr. Wilson's entrance into public life was by no means unusual or sensational. He had for many years given expression to his views on public affairs and had been known as one of the most progressive and thoughtful leaders in the Democratic party. He conducted the campaign in a forceful and high-toned manner, and was elected governor by the large plurality of 49,056, although in 1908 the Republicans had carried the State by more than 82,000. He was governor of New Jersey from Jan. 17, 1911, to March 1, 1913. In this office Wilson carried through some admirable reform measures including the direct primary law, corrupt practices act, a reorganization of the school system of the State, and a model employers' liability law. But perhaps the most noteworthy feature of his administration was the better control of corporations through the bills popularly known as the “Seven Sisters,” Some of these laws have been copied by other States.

In 1911 there were many indications that Governor Wilson was being seriously considered as a Presidential candidate; and during the next year his candidacy got much popular support. On July 2, 1912, in Baltimore, in one of the most spectacular conventions ever held by the Democratic party, on the 46th ballot Woodrow Wilson received the nomination. Thomas R. Marshall, of Indiana, was nominated for Vice President. The disruption of the Republican party by the Progressive movement caused Governor Wilson to receive an extraordinary majority in the electoral college. He received 435 electoral votes; Roosevelt had 88; and Taft 8. In the popular vote Wilson had 6,286,214; Roosevelt, 4,126,020; Taft, 3,483,922.

Wilson was inaugurated March 4, 1913, with a Democratic majority in both branches of Congress. The first year of his administration was marked by the passage of much important legislation, notably the revision of the tariff by the Underwood-Simmons bill, and the reform of the currency by the Federal Reserve Act, probably, as the “Banker's Magazine” said, “the most comprehensive piece of banking legislation ever enacted in this country.” In the realm of foreign affairs the President had to face in the first months of his term grave problems in the Philippine Islands and in Mexico. In the former, where there was much unrest, he labored with some success for conciliation and harmony. The Mexican situation was one of great complexity. Wilson refused to recognize Huerta, while disavowing any desire to interfere with Mexico's affairs. He adopted the policy of “watchful waiting,” but was obliged, owing to attacks made by Mexicans on Americans, to occupy Vera Cruz in April, 1914. Wilson promptly accepted a proposal from Argentina, Brazil and Chile to mediate; and although the conference of the A, B, C powers at Niagara Falls, was without definite result, it brought about better understanding. In July, 1914, Huerta left the country; in November, the American forces evacuated Vera Cruz, and Wilson's policy accomplished much without plunging the country into war.

The remaining two years of his first administration were mainly concerned with the issues raised by the World War. As soon as the war broke out, he tendered his good offices to any and all of the warring nations. Thence he was occupied for some months in preserving America's neutrality and at the same time in defending her rights. The years were very troubled ones, marked by the sinking of the “Lusitania,” German plots,

and the recall of Dumba, the Austro-Hungarian minister at Washington, and of Captains Boy Ed and Von Papen, German attachés. In December, 1915, President Wilson sent a message to Congress in which he advocated more stringent Federal laws to protect the country against such plots, and also measures of military and naval preparedness.

In July, 1916, Wilson was unanimously renominated for President by the Democratic National Convention at St. Louis; and on November 7, 1916, was re-elected, receiving 277 electoral votes to 254 cast for the Republican nominee, Charles E. Hughes. In the popular vote, Wilson had a plurality of 581,941, receiving 9,129,269 votes to 8,547,328 cast for Hughes. One of the features of the election was that the vote of California, which was decisive, was so close that the final result was not known until some days after the election.

The second administration of President Wilson was one of the most momentous in American history. In February, 1917, the German ambassador to the United States was given his passports; and in April the United States entered the war. The President who in a remarkable series of state papers had made the issues of the war clear had behind him a united people; and the American army and navy were decisive factors in securing the final military triumph of the Allied and Associated Powers. During the peace negotiations, which followed the signing of the armistice on Nov. 11, 1918, Wilson broke one of the traditions of the Presidential office by himself going to Paris as head of the American peace delegation. He took a very prominent part in the making of the treaty of Versailles, particulary in the section of the treaty dealing with the League of Nations. The treaty, however, met with bitter opposition in the Senate and failed of the two-thirds vote necessary for ratification. Consequently the treaty became one of the leading issues in the presidential campaign of 1920, as the Democrats under the leadership of Governor Cox, of Ohio, indorsed Wilson's position, while the Republicans led by Senator Harding, of Ohio, approved the stand of the Senate in refusing to ratify without certain reservations. In September, 1919, while on a tour of the country to win popular support for the League of Nations, Wilson had a serious physical breakdown. Mr. Wilson took no active part in the election of 1920, although he cordially supported Gov. Cox. Following the inauguration of Senator Harding, he retired to private life in Washington.

He formed a partnership with Bainbridge Colby, former Secretary of State, for the practice of international law.

Mr. Wilson married Ellen Louise Axson, of Savannah, Georgia, June 24, 1885, by whom he had three daughters. She died August 6, 1914. On Dec. 18, 1915, he married Mrs. Edith Bolling Galt, of Washington.

As an author, Mr. Wilson was known by several important works on government and history. These included “Congressional Government” (1885) ; “The State” (1889); “George Washington” (1896); “A History of the American People” (1902) ; “The New Freedom” (1913). He was also an essayist of distinction, “Mere Literature and Other Essays” (1893); “On Being Human” (1916).


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E were to leave by six precisely; that was solemnly pledged on both sides; and a messenger came to us the last thing at night, to remind us of the hour. But it was eight before we got clear of Calistoga: Kelmar, Mrs. Kelmar, a friend of theirs whom we named Abramina, her little daughter, my wife, myself, and, stowed away behind us, a cluster of ship's coffee-kettles. These last were highly ornamental in the sheen of their bright tin, but I could invent no reason for their presence. Our carriageful reckoned up, as near as we could get at it, some three hundred years to the six of us. Four of the six, besides, were Hebrews. But I never, in all my life, was conscious of so strong an atmosphere of holiday. No word was spoken but of pleasure; and even when we drove in silence, nods and smiles went round the party like refreshments.

The sun shone out of a cloudless sky. Close at the zenith rode the belated moon, still clearly visible, and, along one margin, even bright. The


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 encouraging intellectual pursuits, he never had been able to apply himself to acquiring any knowledge of business, or any thing beyond his ordinary school education. Upon investigating the cause of this inability, I found he had been subject to a head-ache for eight or more years, especially when he attempted to pursue any study in the commonest way, adapted to his time of life. It is now, however, more severe than ordinary across the os frontis, with a throbbing, greatly increased by stooping his head down. Pulse 80, rather full; tongue slightly coated; bowels regular. The medicines prescribed for him in London, I found had been vegetable tonics and aloetic purgatives, without any material benefit. Twelve leeches were immediately ordered to the temples; and half a drachm of powdered valerian, twice a-day, to be washed down with some infusion of calumbo in a state of effervescence; also some pills of antimonial powder and rhubarb, to be taken at bed time, to open the bowels, when necessary. On the 5th, he thought himself better after the leeches, but now again seems not much altered, his pulse varying from 80 to 90. The medicines were directed to be continued, and a blister was applied to the back of the neck. 11th. Pulse still keeps up, and his head is little or no better, though the blister discharged profusely, and irritated him excessively. Very little disturbance of the digestive organs. Still there is an unusual action of the heart, which is perceptible upon the most superficial examination, externally, and which never ceases: he is averse to any exertion, either mental or bodily, because it never fails to produce either vertigo, palpitation, or pain down


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his arms, and which leaves very little doubt, in my mind, of there being- some organic affection of the heart; but whether the disease was enlargement of its cavities, thickening of its walls, or derangement of its valves, I could not, at this stage of the complaint, satisfactorily ascertain. I, however, put him upon a plan of such remedial means as I thought calculated to reduce the action of the heart and arteries, namely, antimony and digitalis, and by the 17th he was under the influence of the latter, (which the pulse, at 74, evinced,) and was more feeble. Still he has head-ache, with pains of his shoulders, back, and arms, and also of his legs, after walking. To the antimony and digitalis was added a sedative saline mixture. 18th. Pulse again 80, and vibrating; palpitation equally strong, and also thrilling, which extends into his arms; the pains of his head, back, and legs, have all returned, much increased by walking fast, or up stairs; tongue, skin, and bowels all natural. Returns to London. To take two grains of the oxyd of zinc, in the form of pill, twice a day, increasing the dose gradually. To have a seton inserted in his left side, as soon as convenient, after his return home.

Being fully aware that my idea of the nature of his disease had not previously been suspected, and as the slightest intimation of his heart being the seat of it, caused great anxiety and alarm to his mother, I was very solicitous that she should consult any other physician in London, in order to investigate the symptoms, and watch the progress of the complaint, furnishing her, at the same time, with my written opinion of its seat and nature. This advice.


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 I was informed, was adopted, by their going to the venerable Dr. Babington, repeatedly, without being able to meet with him; they again, therefore, consulted their former physician, who treated the idea lightly, but, upon being shown my opinion, he was more minute in his examination, and had the liberality and candour to acknowledge the truth of my suspicions, and continued to treat and attend him, under a full conviction of his having an organic disease of the heart.

I heard nothing more of him until April, 1830, when I was told he was under Dr. Brown, in London, for some affection of the head; and being myself anxious to know the exact nature of his case, I wrote to that gentleman, and, as I feel much indebted to him for his information upon the subject, I trust he will not think that I am taking an unbecoming liberty, in transcribing that part of his letter which more particularly applies to my subject: after stating the death of Mr. H. P. which event took place on the 3rd of May, he says, "unfortunately I could not obtain permission to examine the body, which I very much regret. His death was certainly occasioned by phthisis pulmonalis, but that, at the same time, he laboured under an affection of the heart, there can be no doubt, and, from my long experience, I have no hesitation in saying, an enlargement of that organ." That this opinion was correct, I have not the smallest doubt, although Dr. Brown had not the opportunity of stamping its truth by a post mortem examination. The following dissection I witnessed soon after receiving Dr. Brown's letter: and, as the history of the case so exactly coincides


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with that of Mr. H. P. I shall subjoin it. The case was attended by Dr. Williams and Mr. Ellis Jones, both of Liverpool, to whom I am indebted for the statement of the history; as I had only an opportunity of seeing the patient once, and then merely to confirm their opinion of the hopelessness of the case.

On theSOth of April, 1830, 1 visited Hugh Jones, set. 21, a cabinet maker, who laboured under orthopnoea, cough, and expectoration of bloody mucus, constant palpitation of the heart, with pain of the right side of the chest. He could only breathe when sitting erect, and having had no rest for several nights, he was overpowered with drowsiness, and exhausted from fatigue; he was greatly emaciated, and his legs were oedematous. His hopeless state afforded no opportunity for medical treatment, which opinion, indeed, had been given by Dr. Williams. His complaint commenced with palpitation of the heart, about four years before, and was then seen by Dr. Band and Mr. Banner, of this town, and, although he has pursued his employment from necessity, until within three weeks of his death, he has never felt well from his first attack of palpitation, at which time he applied to the dispensary. On the 25th he died, and Dr. Williams having obtained permission to examine the seat of disease, accompanied by Mr. Jones, I gladly availed myself of being present, bearing strongly in mind the case of Mr. H. P. and Dr. Brown's letter, just previously received.

Autopsy. — The instant the cartilages of the sternum were divided, a profuse effusion of bloody serum, in the cavity of the chest, made its escape;


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and, upon raising the sternum, the right lung was almost wholly covered with a thick secretion of lymph, which gave it the appearance of ulceration, and upon cutting into it, this state of the lung clearly manifested confirmed phthisis pulmonalis. The heart, however, was the main object of our inquiry, which we found quite free within its pericardium, with rather more of the liquor pericardia than usual. The heart itself was greatly enlarged; the enlargement was found to be greatest of the right ventricle, having the auriculo-ventricular valve greatly contracted, so that, instead of the passage being of the usual size of a shilling, it would scarcely admit of t.he passing of a six-pence, and not even this unless passed through edge-ways, presenting the appearance of a long narrow slit, rather than that of a circular opening. The walls, too, of the left ventricle, were twice as thick as any I had seen before in the healthy state; the chordw tendinew were as large as goose quills, and more white than natural. The right lung adhered strongly to the pleura costalis, and was of a dark colour, full of tubercles and ulcerations, so that it must have been nearly impervious to the transmission of air. Respiration Was consequently performed almost entirely by the left lung, which was quite free from disease. The dissection was very satisfactory to me, and not only confirmed the previous opinion of both Dr. Williams and myself, of the cause of the disease, but convinced me that similar appearances would have been found in Dr. Brown's patient, Mr. H. P. I have only now to add two cases, which apply to my third position.


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Symptomatic Palpitation.

Sept. 17, 1828.— Mr. W. C. aged 17, complained much, upon the slightest exertion, of a bounding palpitation of the heart, so violent that, when the stethoscope was applied, it seemed as if the instrument was absolutely raised by the pulsations, which, however, are quite regular. This affection had existed for about a year, and succeeded a sharp attack of pneumonia. He had been attended by a most respectable general practitioner in Shropshire, who considered it a clear case of organic disease, which opinion was strengthened by that of another medical gentleman in the same county. He had also been seen by a celebrated physician there, who prescribed for him, but no very active remedial means had been resorted to. I certainly had very great doubts of its being more than a palpitation from nervous irritability, although there was not any very marked derangement of the digestive organs; but there was such an unusual anxiety for his own feelings and health, that he never left town without being amply provided with medicines and nostrums without end. I put him upon a plan of nervous tonics, internally, and tartar-emetic ointment, alternated with blisters, externally, all with only transient relief. A seton was then inserted in the side, and kept open, to his great annoyance, for ten weeks, when it was allowed to heal, on account of its not being so efficacious as was wished for. His general health, however, was greatly improved, and every symptom of irritability gone offj with the exception of the palpitation, which, I believe, continued, more or less, until his mind was vigorously


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Rh wind blew a gale from the north; the trees roared; the corn and the deep grass in the valley fled in whitening surges; the dust towered into the air along the road and dispersed like the smoke of battle. It was clear in our teeth from the first, and for all the windings of the road it managed to keep clear in our teeth until the end. For some two miles we rattled through the valley, skirting the eastern foot-hills; then we struck off to the right, through haugh-land, and presently, crossing a dry watercourse, entered the Toll road, or, to be more local, entered on "the grade." The road mounts the near shoulder of Mount Saint Helena, bound northward into Lake County. In one place it skirts along the edge of a narrow and deep canon, filled with trees, and I was glad, indeed, not to be driven at this point by the dashing Foss. Kelmar, with his unvarying smile, jogging to the motion of the trap, drove for all the world like a good, plain, country clergyman at home; and I profess I blessed him unawares for his timidity. Vineyards and deep meadows, islanded and framed with thicket, gave place more and more as we ascended to woods of oak and madrona, dotted with enormous pines. It was these pines, as they shot above the lower wood, that produced that pencilling of single trees I had so often remarked from the valley. Thence, looking up and from


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United Nations Convention on the Law of the Sea/Annex VII

Article 1
Institution of proceedings

Subject to the provisions of Part XV, any party to a dispute may submit the dispute to the arbitral procedure provided for in this Annex by written notification addressed to the other party or parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based.

Article 2
List of arbitrators

 * 1) A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four arbitrators, each of whom shall be a person experienced in maritime affairs and enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list.
 * 2) If at any time the arbitrators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make further nominations as necessary.
 * 3) The name of an arbitrator shall remain on the list until withdrawn by the State Party which made the nomination, provided that such arbitrator shall continue to serve on any arbitral tribunal to which that arbitrator has been appointed until the completion of the proceedings before that arbitral tribunal.

Article 3
Constitution of arbitral tribunal

For the purpose of proceedings under this Annex, the arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:

(a)	Subject to subparagraph (g), the arbitral tribunal shall consist of five members.

(b)	The party instituting the proceedings shall appoint one member to be chosen preferably from the list referred to in article 2 of this Annex, who may be its national. The appointment shall be included in the notification referred to in article l of this Annex.

(c)	The other party to the dispute shall, within 30 days of receipt of the notification referred to in article l of this Annex, appoint one member to be chosen preferably from the list, who may be its national. If the appointment is not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointment be made in accordance with subparagraph (e).

(d)	The other three members shall be appointed by agreement between the parties. They shall be chosen preferably from the list and shall be nationals of third States unless the parties otherwise agree. The parties to the dispute shall appoint the President of the arbitral tribunal from among those three members. If, within 60 days of receipt of the notification referred to in article l of this Annex, the parties are unable to reach agreement on the appointment of one or more of the members of the tribunal to be appointed by agreement, or on the appointment of the President, the remaining appointment or appointments shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 60-day period.

(e)	Unless the parties agree that any appointment under subparagraphs (c) and (d) be made by a person or a third State chosen by the parties, the President of the International Tribunal for the Law of the Sea shall make the necessary appointments. If the President is unable to act under this subparagraph or is a national of one of the parties to the dispute, the appointment shall be made by the next senior member of the International Tribunal for the Law of the Sea who is available and is not a national of one of the parties. The appointments referred to in this subparagraph shall be made from the list referred to in article 2 of this Annex within a period of 30 days of the receipt of the request and in consultation with the parties. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the dispute.

(f)	Any vacancy shall be filled in the manner prescribed for the initial appointment.

(g)	Parties in the same interest shall appoint one member of the tribunal jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal. The number of members of the tribunal appointed separately by the parties shall always be smaller by one than the number of members of the tribunal to be appointed jointly by the parties.

(h)	In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible.

Article 4
Functions of arbitral tribunal

An arbitral tribunal constituted under article 3 of this Annex shall function in accordance with this Annex and the other provisions of this Convention.

Article 5
Procedure

Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure, assuring to each party a full opportunity to be heard and to present its case.

Article 6
Duties of parties to a dispute

The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, in accordance with their law and using all means at their disposal, shall:

(a)	provide it with all relevant documents, facilities and information; and

(b)	enable it when necessary to call witnesses or experts and receive their evidence and to visit the localities to which the case relates.

Article 7
Expenses

Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares.

Article 8
Required majority for decisions

Decisions of the arbitral tribunal shall be taken by a majority vote of its members. The absence or abstention of less than half of the members shall not constitute a bar to the tribunal reaching a decision. In the event of an equality of votes, the President shall have a casting vote.

Article 9
Default of appearance

If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law.

Article 10
Award

The award of the arbitral tribunal shall be confined to the subject-matter of the dispute and state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the award. Any member of the tribunal may attach a separate or dissenting opinion to the award.

Article 11
Finality of award

The award shall be final and without appeal, unless the parties to the dispute have agreed in advance to an appellate procedure. It shall be complied with by the parties to the dispute.

Article 12
Interpretation or implementation of award

 * 1) Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the award may be submitted by either party for decision to the arbitral tribunal which made the award. For this purpose, any vacancy in the tribunal shall be filled in the manner provided for in the original appointments of the members of the tribunal.
 * 2) Any such controversy may be submitted to another court or tribunal under article 287 by agreement of all the parties to the dispute.

Article 13
Application to entities other than States Parties

The provisions of this Annex shall apply mutatis mutandis to any dispute involving entities other than States Parties.


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 1S9

called into action by his going to college; although his anxious solicitude for the preservation of his healthy and his minute attention to his own feelings, rendered the experiment somewhat hazardous. It succeeded, however, completely, and in the month of August, 1830, 1 was informed that he was considered free from complaint, and that, although he did not derive much benefit from the seton at the time, his recovery was mainly attributed to it: and I will not deny that it may have done good, as w^as proved, beyond all doubt, in the case of Hood, above detailed, who repeatedly assured me that, although the setons were almost more than he could bear, he believed they did him more good than any other remedy. I merely mention this to record the effects of setons, although there was no comparison in the symptoms of the two cases.

I have only a few words to add upon a case of severe Palpitation, occurring in a clergyman, of literary and sedentary habits, in this town, who was so alarmed, either from his own apprehensions, or the prognosis of his medical advisers, that he absolutely was almost afraid of moving from place to place alone. After having gone through a long train of medical discipline, he appeared little or no better. Almost one of the last remedies tried was a seton. Being, however, at last diverted from his sedentary habits, by his election to a popular pulpit, his nervous palpitation left him. I do not know that I should have been warranted in alluding to this gentleman's case, had I not been hastily requested to see him, upon his being suddenly seized with syncope, which alarmed himself and friends so much, that they ap-


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pretended the very worst consequences. To me, however, it appeared so decidedly a palpitation from nervous irritability, that I really fear I treated it more lightly than was prudent, and certainly had not the credit of being a true prophet, although the result has fully confirmed my opinion, for he is now in good health, and free from disease, real or imaginary. Liverpool, Oct. 9, 1832.


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SOME OBSERVATIONS

ON THE VALUE OF THE DIFFERENT SIGNS WHICH DISTINGUISH THE

SAC IN STRANGULATED HERNIA;

WITH SOME

PRACTICAL REMARKS ON THE OPERATION,

AND

CASES IN ILLUSTRATION.

BY J, H. JAMES,

Surgeon to the Devon and Exeter Hospital.

So extensive and various have been the writings on the subject of hernia, that it is scarcely credible that any point belonging to it could still demand illustration; nor should I have believed it to be so, if I had not found that, in more respects than one, our information is not so complete and precise as it ought to be: and thinking it possible that others, as well as myself, may have felt the inconvenience of the deficiency, 1 shall endeavour to remedy it in some measure.

The point to which I now particularly allude, is the mode of ascertaining, during the operation of hernia, whether it be sac, or whether it be intestine which presents; the enquiry, however, will involve some other matters.

It is well known that the dangers incident to this operation, occur chiefly at two periods, one in open-


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be split, most deceitfully, on the one hand, while, on the other, they sometimes adhere to each other, or to the sac; while the sac itself may be either very thick, or of extreme tenuity. To shew that I have not overstated these difficulties, I shall not rely on the cases I could produce myself, (although some of them may be mentioned) but shall quote some authorities on the subject, which will hardly be questioned.

First, with regard to the investments in ist. inbu. bubonocele, Scarpa says, p. 62* "On ^o^^^^^^making an incision into a scrotal hernia, of large size and long standing, we met with, in the first place, the aponeurotic web of the fascia lata, f and the sheath of the remaster muscle, unusually dense, rigid, and somewhat coriaceous; then the cellular substance lying between the sheath of the remaster muscle and the hernial sac, presents itself, so firm and indurated, that, at first sight, it appears to be a dense and compact capsule, formed of

y ^ » I Uncertainty

many layers lyins: one over the other: of the number

J J <j o ' of the layers.

lastly, under an indeterminate number of these layers, of hard cellular substance, the true hernial sac appears, the density of which, in spite of its excessive bulk and long standing of the hernia, does not at all, or very little, exceed the natural pellucidity and thinness of the perito- Andthinness neum." °^^^ ^^

I could produce other authorities for the multiplication of laminae, but it will not be required. I may also refer to some of the cases I have related in the

t Fascia Superiicialis.
 * Translation by Wishart.


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164 however far, each fir stands separate against the sky no bigger than an eyelash; and all together lend a quaint, fringed aspect to the hills. The oak is no baby; even the madrona, upon these spurs of Mount Saint Helena, comes to a fine bulk and ranks with forest trees; but the pines look down upon the rest for underwood. As Mount Saint Helena among her foot-hills, so these dark giants out-top their fellow-vegetables. Alas! if they had left the redwoods, the pines, in turn, would have been dwarfed. But the redwoods, fallen from their high estate, are serving as family bedsteads, or yet more humbly as field fences, along all Napa Valley. A rough smack of resin was in the air, and a crystal mountain purity. It came pouring over these green slopes by the oceanful. The woods sang aloud, and gave largely of their healthful breath. Gladness seemed to inhabit these upper zones, and we had left indifference behind us in the valley. "I to the hills will lift mine eyes!" There are days in a life when thus to climb out of the low-lands seems like scaling heaven. As we continued to ascend, the wind fell upon us with increasing strength. It was a wonder how the two stout horses managed to pull us up that steep incline and still face the athletic opposition of the wind, or how their great eyes were able to endure the dust. Ten minutes after we went by,


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Rh a tree fell, blocking the road; and even before us leaves were thickly strewn, and boughs had fallen, large enough to make the passage difficult. But now we were hard by the summit. The road crosses the ridge, just in the nick that Kelmar showed me from below, and then, without pause, plunges down a deep, thickly wooded glen on the farther side. At the highest point a trail strikes up the main hill to the leftward; and that leads to Silverado. A hundred yards beyond, and in a kind of elbow of the glen, stands the Toll House Hotel. We came up the one side, were caught upon the summit by the whole weight of the wind as it poured over into Napa Valley, and a minute after had drawn up in shelter, but all buffeted and breathless, at the Toll House door.

A water-tank, and stables, and a grey house of two stories, with gable ends and a veranda, are jammed hard against the hillside, just where a stream has cut for itself a narrow cañon, filled with pines. The pines go right up overhead; a little more and the stream might have played, like a fire-hose, on the Toll House roof. In front the ground drops as sharply as it rises behind. There is just room for the road and a sort of promontory of croquet ground, and then you can lean over the edge and look deep below you through the wood. I said croquet ground, not green; for the surface


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166 was of brown, beaten earth. The toll-bar itself was the only other note of originality: a long beam, turning on a post, and kept slightly horizontal by a counterweight of stones. Regularly about sundown this rude barrier was swung, like a derrick, across the road and made fast, I think, to a tree upon the farther side. On our arrival there followed a gay scene in the bar. I was presented to Mr. Corwin, the landlord; to Mr. Jennings, the engineer, who lives there for his health; to Mr. Hoddy, a most pleasant little gentleman, once a member of the Ohio legislature, again the editor of a local paper, and now, with undiminished dignity, keeping the Toll House bar. I had a number of drinks and cigars bestowed on me, and enjoyed a famous opportunity of seeing Kelmar in his glory, friendly, radiant, smiling, steadily edging one of the ship's kettles on the reluctant Corwin. Corwin, plainly aghast, resisted gallantly, and for that bout victory crowned his arms. At last we set forth for Silverado on foot. Kelmar and his jolly Jew girls were full of the sentiment of Sunday outings, breathed geniality and vagueness, and suffered a little vile boy from the hotel to lead them here and there about the woods. For three people all so old, so bulky in body, and belonging to a race so venerable, they could not but


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Rh surprise us by their extreme and almost imbecile youthfulness of spirit. They were only going to stay ten minutes at the Toll House; had they not twenty long miles of road before them on the other side? Stay to dinner? Not they! Put up the horses? Never. Let us attach them to the veranda by a wisp of straw rope, such as would not have held a person's hat on that blustering day. And with all these protestations of hurry, they proved irresponsible like children. Kelmar himself, shrewd old Russian Jew, with a smirk that seemed just to have concluded a bargain to its satisfaction, intrusted himself and us devoutly to that boy. Yet the boy was patently fallacious; and for that matter a most unsympathetic urchin, raised apparently on gingerbread. He was bent on his own pleasure, nothing else; and Kelmar followed him to his ruin, with the same shrewd smirk. If the boy said there was "a hole there in the hill"—a hole, pure and simple, neither more nor less—Kelmar and his Jew girls would follow him a hundred yards to look complacently down that hole. For two hours we looked for houses; and for two hours they followed us, smelling trees, picking flowers, foisting false botany on the unwary. Had we taken five, with that vile lad to head them off on idle divagations, for five they would have smiled and stumbled through the woods.


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Collier's New Encyclopedia (1921)/Brandeis, Louis Dembitz

BRANDEIS, LOUIS DEMBITZ, an American jurist; born in Louisville, Ky., in 1856. He studied in German schools abroad and also at Harvard University. He was admitted to the bar in 1878. From 1879 to 1916, he practiced law in Boston, where he built up a large clientage and achieved a reputation as a lawyer of remarkable learning and acumen. He was counsel in many cases of national interest, being usually on the side of the public where large corporate interests were concerned. In freight rate cases, eight-hour law controversies, and matters of wage dispute, he has been prominent and he has often been called on to act as arbitrator. He was nominated as a justice of the Supreme Court by President Wilson in 1916, and was confirmed in the face of considerable opposition. He was the first Hebrew to sit on the Supreme Court bench. He was active in the Zionist movement,

and in 1920 went to Europe to attend a conference on that question.


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168 However, we came forth at length, and as by accident, upon a lawn, sparse planted like an orchard, but with forest instead of fruit trees. That was the site of Silverado mining town. A piece of ground was levelled up, where Kelmar's store had been; and facing that we saw Rufe Hanson's house, still bearing on its front the legend Silverado Hotel. Not another sign of habitation. Silverado town had all been carted from the scene; one of the houses was now the schoolhouse far down the road; one was gone here, one there, but all were gone away. It was now a sylvan solitude, and the silence was unbroken but by the great, vague voice of the wind. Some days before our visit, a grizzly bear had been sporting round the Hansons' chicken-house. Mrs. Hanson was at home alone, we found. Rufe had been out after a "bar," had risen late, and was now gone, it did not clearly appear whither. Perhaps he had had wind of Kelmar's coming, and was now ensconced among the underwood, or watching us from the shoulder of the mountain. We, hearing there were no houses to be had, were for immediately giving up all hopes of Silverado. But this, somehow, was not to Kelmar's fancy. He first proposed that we should "camp someveres around, ain't it?" waving his hand cheerily as though to weave a spell; and when that was


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Rh firmly rejected, he decided that we must take up house with the Hansons. Mrs. Hanson had been, from the first, flustered, subdued, and a little pale; but from this proposition she recoiled with haggard indignation. So did we, who would have preferred, in a manner of speaking, death. But Kelmar was not to be put by. He edged Mrs. Hanson into a corner, where for a long time he threatened her with his forefinger, like a character in Dickens; and the poor woman, driven to her entrenchments, at last remembered with a shriek that there were still some houses at the tunnel.

Thither we went; the Jews, who should already have been miles into Lake County, still cheerily accompanying us. For about a furlong we followed a good road along the hillside through the forest, until suddenly that road widened out and came abruptly to an end. A cañon, woody below, red, rocky, and naked overhead, was here walled across by a dump of rolling stones, dangerously steep, and from twenty to thirty feet in height. A rusty iron chute on wooden legs came flying, like a monstrous gargoyle, across the parapet. It was down this that they poured the precious ore; and below here the carts stood to wait their lading, and carry it millward down the mountain. The whole cañon was so entirely blocked, as if by some rude guerilla fortification, that we could


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Collier's New Encyclopedia (1921)/Brandenburg

BRANDENBURG, a province of Prussia, surrounded mainly by Mecklenburg and the provinces of Pomerania, Posen, Silesia, and Prussian Saxony. The soil consists in many parts of barren sands, heaths, and moors; yet the province produces much grain, as well as fruits, hemp, flax, tobacco, etc., and supports many sheep. The forests are very extensive. The principal streams are the Elbe, the Oder, the Havel, and the Spree. Berlin is located in Brandenburg. Area 15,400 square miles, population about 4,000,000, including the city of Berlin. The Old Mark of Brandenburg was bestowed by the Emperor Charles IV. on Frederick of Hohenzollem, and is the center round which the Kingdom of Prussia grew. The town of Brandenburg is on the Havel, 35 miles W. S. W. of Berlin. It is divided into three parts — an old town, a new town, and a cathedral town — by the river, and has considerable manufactures, including silk, woolens, leather, etc. Pop. about 55,000.


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170 only mount by lengths of wooden ladder, fixed in the hillside. These led us round the farther corner of the dump; and when they were at an end, we still persevered over loose rubble and wading deep in poison oak, till we struck a triangular platform, filling up the whole glen, and shut in on either hand by bold projections of the mountain. Only in front the place was open like the proscenium of a theatre, and we looked forth into a great realm of air, and down upon treetops and hilltops, and far and near on wild and varied country. The place still stood as on the day it was deserted: a line of iron rails with a bifurcation; a truck in working order; a world of lumber, old wood, old iron; a blacksmith's forge on one side, half buried in the leaves of dwarf madronas; and on the other, an old brown wooden house.

Fanny and I dashed at the house. It consisted of three rooms, and was so plastered against the hill, that one room was right atop of another, that the upper floor was more than twice as large as the lower, and that all three apartments must be entered from a different side and level. Not a window-sash remained. The door of the lower room was smashed, and one panel hung in splinters. We entered that, and found a fair amount of rubbish: sand and gravel that had been sifted in there by the mountain winds; straw, sticks, and stones;


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Rh a table, a barrel; a plate-rack on the wall; two home-made boot-jacks, signs of miners and their boots; and a pair of papers pinned on the boarding, headed respectively "Funnel No. 1," and "Funnel No. 2," but with the tails torn away. The window, sashless of course, was choked with the green and sweetly smelling foliage of a bay; and through a chink in the floor, a spray of poison oak had shot up and was handsomely prospering in the interior. It was my first care to cut away that poison oak, Fanny standing by at a respectful distance. That was our first improvement by which we took possession. The room immediately above could only be entered by a plank propped against the threshold, along which the intruder must foot it gingerly, clutching for support to sprays of poison oak, the proper product of the country. Herein was, on either hand, a triple tier of beds, where miners had once lain; and the other gable was pierced by a sashless window and a doorless doorway opening on the air of heaven, five feet above the ground. As for the third room, which entered squarely from the ground level, but higher up the hill and further up the cañon, it contained only rubbish and the uprights for another triple tier of beds. The whole building was overhung by a bold, lion-like, red rock. Poison oak, sweet bay trees,


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172 calycanthus, brush, and chaparral, grew freely but sparsely all about it. In front, in the strong sunshine, the platform lay overstrewn with busy litter, as though the labours of the mine might begin again to-morrow in the morning. Following back into the cañon, among the mass of rotting plant and through the flowering bushes, we came to a great crazy staging, with a wry windlass on the top; and clambering up, we could look into an open shaft, leading edgeways down into the bowels of the mountain, trickling with water, and lit by some stray sun-gleams, whence I know not. In that quiet place the still, far-away tinkle of the water-drops was loudly audible. Close by, another shaft led edgeways up into the superincumbent shoulder of the hill. It lay partly open; and sixty or a hundred feet above our head, we could see the strata propped apart by solid wooden wedges, and a pine, half undermined, precariously nodding on the verge. Here also a rugged, horizontal tunnel ran straight into the unsunned bowels of the rock. This secure angle in the mountain's flank was, even on this wild day, as still as my lady's chamber. But in the tunnel a cold, wet draught tempestuously blew. Nor have I ever known that place otherwise than cold and windy. Such was our first prospect of Juan Silverado. I own I had looked for something different: a


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Collier's New Encyclopedia (1921)/Brandes, Georg

BRANDES, GEORG (bran'des), a Danish literary critic of Jewish family, born in Copenhagen, Feb. 4, 1842, where he graduated at the university in 1864. Several books on athletic and philosophic subjects brought on him a charge of scepticism, which was not removed by an epoch-making series of lectures, published under the title, “The Great Tendencies of Nineteenth-Century Literature” (1872-1875). His “Danske Digtere,” a masterpiece of psychological analysis, appeared in 1877; but the hostility of his enemies induced him in the same year to leave Denmark, and settle in Berlin, where he published biographies of Lasalle (1877), and Lord Beaconsfield (1879). In 1882 he returned to Copenhagen, his countrymen having guaranteed him an income of 4,000 crowns, with the one stipulation that he should deliver public lectures on literature. His later works include “Den Romantiske Skole i Frankrig” (1882); a biography of Ludvig Holberg (1885), and a valuable study of Shakespeare, published in an English translation in 1899; “Main Currents of 19th Century Literature” (1906).


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Rh clique of neighbourly houses on a village green, we shall say, all empty to be sure, but swept and varnished; a trout stream brawling by; great elms or chestnuts, humming with bees and nested in by song-birds; and the mountains standing round about, as at Jerusalem. Here, mountain and house and the old tools of industry were all alike rusty and downfalling. The hill was here wedged up, and there poured forth its bowels in a spout of broken mineral; man with his picks and powder, and nature with her own great blasting tools of sun and rain, labouring together at the ruin of that proud mountain. The view up the cañon was a glimpse of devastation; dry red minerals sliding together, here and there a crag, here and there dwarf thicket clinging in the general glissade, and over all a broken outline trenching on the blue of heaven. Downwards indeed, from our rock eyrie, we beheld the greener side of nature; and the bearing of the pines and the sweet smell of bays and nutmegs commended themselves gratefully to our senses. One way and another, now the die was cast. Silverado be it! After we had got back to the Toll House, the Jews were not long of striking forward. But I observed that one of the Hanson lads came down, before their departure, and returned with a ship's kettle. Happy Hansons! Nor was it until after


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174 Kelmar was gone, if I remember rightly, that Rufe put in an appearance to arrange the details of our installation. The latter part of the day, Fanny and I sat in the veranda of the Toll House, utterly stunned by the uproar of the wind among the trees on the other side of the valley. Sometimes, we would have it it was like a sea, but it was not various enough for that; and again, we thought it like the roar of a cataract, but it was too changeful for the cataract; and then we would decide, speaking in sleepy voices, that it could be compared with nothing but itself. My mind was entirely preoccupied by the noise. I hearkened to it by the hour, gapingly hearkened, and let my cigarette go out. Sometimes the wind would make a sally nearer hand, and send a shrill, whistling crash among the foliage on our side of the glen; and sometimes a backdraught would strike into the elbow where we sat, and cast the gravel and torn leaves into our faces. But for the most part, this great, streaming gale passed unweariedly by us into Napa Valley, not two hundred yards away visible by the tossing boughs, stunningly audible, and yet not moving a hair upon our heads. So it blew all night long while I was writing up my journal, and after we were in bed, under a cloudless, starset heaven; and so it was blowing still next morning when we rose.


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Rh It was a laughable thought to us, what had become of our cheerful, wandering Hebrews. We could not suppose they had reached a destination. The meanest boy could lead them miles out of their way to see a gopher-hole. Boys we felt to be their special danger; none others were of that exact pitch of cheerful irrelevancy to exercise a kindred sway upon their minds: but before the attractions of a boy their most settled resolutions would be wax. We thought we could follow in fancy these three aged Hebrew truants wandering in and out on hilltop and in thicket, a demon boy trotting far ahead, their will-o'-the-wisp conductor; and at last about midnight, the wind still roaring in the darkness, we had a vision of all three on their knees upon a mountain-top around a glow-worm.


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EXT morning we were up by half-past five, according to agreement, and it was ten by the clock before our Jew boys returned to pick us up: Kelmar, Mrs. Kelmar, and Abramina, all smiling from ear to ear, and full of tales of the hospitality they had found on the other side. It had not gone unrewarded; for I observed with interest that the ship's kettles, all but one, had been "placed." Three Lake County families, at least, endowed for life with a ship's kettle. Come, this was no misspent Sunday. The absence of the kettles told its own story: our Jews said nothing about them; but, on the other hand, they said many kind and comely things about the people they had met. The two women, in particular, had been charmed out of themselves by the sight of a young girl surrounded by her admirers; all evening, it appeared, they had been triumphing together in the girl's innocent successes, and to this natural and unselfish joy they gave expression in language that was beautiful by its simplicity and truth.


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Rh Our very first morning at Silverado, when we were full of business, patching up doors and windows, making beds and seats, and getting our rough lodging into shape, Irvine and his sister made their appearance together, she for neighbourliness and general curiosity; he, because he was working for me, to my sorrow, cutting firewood at I forget how much a day. The way that he set about cutting wood was characteristic. We were at that moment patching up and unpacking in the kitchen. Down he sat on one side, and down sat his sister on the other. Both were chewing pine-tree gum, and he, to my annoyance, accompanied that simple pleasure with profuse expectoration. She rattled away, talking up hill and down dale, laughing, tossing her head, showing her brilliant teeth. He looked on in silence, now spitting heavily on the floor, now putting his head back and uttering a loud, discordant, joyless laugh. He had a tangle of shock hair, the colour of wool; his mouth was a grin; although as strong as a horse, he looked neither heavy nor yet adroit, only leggy, coltish, and in the road. But it was plain he was in high spirits, thoroughly enjoying his visit; and he laughed frankly whenever we failed to accomplish what we were about. This was scarcely helpful: it was even, to amateur carpenters, embarrassing; but it lasted until we knocked


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202 off work and began to get dinner. Then Mrs. Hanson remembered she should have been gone an hour ago; and the pair retired, and the lady's laughter died away among the nutmegs down the path. That was Irvine's first day's work in my employment—the devil take him! The next morning he returned and, as he was this time alone, he bestowed his conversation upon us with great liberality. He prided himself on his intelligence; asked us if we knew the school-ma'am. He didn't think much of her, anyway. He had tried her, he had. He had put a question to her. If a tree a hundred feet high were to fall a foot a day, how long would it take to fall right down? She had not been able to solve the problem. "She don't know nothing," he opined. He told us how a friend of his kept a school with a revolver, and chuckled mightily over that; his friend could teach school, he could. All the time he kept chewing gum and spitting. He would stand awhile looking down; and then he would toss back his shock of hair, and laugh hoarsely, and spit, and bring forward a new subject. A man, he told us, who bore a grudge against him, had poisoned his dog. "That was a low thing for a man to do now, wasn't it? It wasn't like a man, that, nohow. But I got even with him: I pisoned his dog." His clumsy utterance, his rude embarrassed manner,


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Rh set a fresh value on the stupidity of his remarks. I do not think I ever appreciated the meaning of two words until I knew Irvine—the verb, loaf, and the noun, oaf; between them, they complete his portrait. He could lounge, and wriggle, and rub himself against the wall, and grin, and be more in everybody's way than any other two people that I ever set my eyes on. Nothing that he did became him; and yet you were conscious that he was one of your own race, that his mind was cumbrously at work, revolving the problem of existence like a quid of gum, and in his own cloudy manner enjoying life, and passing judgment on his fellows. Above all things, he was delighted with himself. You would not have thought it, from his uneasy manners and troubled, struggling utterance; but he loved himself to the marrow, and was happy and proud like a peacock on a rail. His self-esteem was, indeed, the one joint in his harness. He could be got to work, and even kept at work, by flattery. As long as my wife stood over him, crying out how strong he was, so long exactly he would stick to the matter in hand; and the moment she turned her back, or ceased to praise him, he would stop. His physical strength was wonderful; and to have a woman stand by and admire his achievements, warmed his heart like sunshine. Yet he was as cowardly as he was


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204 powerful, and felt no shame in owning to the weakness. Something was once wanted from the crazy platform over the shaft, and he at once refused to venture there—"did not like," as he said, "foolin' round them kind o' places," and let my wife go instead of him, looking on with a grin. Vanity, where it rules, is usually more heroic: but Irvine steadily approved himself, and expected others to approve him; rather looked down upon my wife, and decidedly expected her to look up to him, on the strength of his superior prudence. Yet the strangest part of the whole matter was perhaps this, that Irvine was as beautiful as a statue. His features were, in themselves, perfect; it was only his cloudy, uncouth, and coarse expression that disfigured them. So much strength residing in so spare a frame was proof sufficient of the accuracy of his shape. He must have been built somewhat after the pattern of ; but the famous housebreaker, we may be certain, was no lout. It was by the extraordinary powers of his mind no less than by the vigour of his body, that he broke his strong prison with such imperfect implements, turning the very obstacles to service. Irvine, in the same case, would have sat down and spat, and grumbled curses. He had the soul of a fat sheep, but, regarded as an artist's model, the exterior of a Greek God. It was a


text:
Collier's New Encyclopedia (1921)/Branding

BRANDING, an ancient mode of punishment by inflicting a mark on an offender with a hot iron. It is generally disused under the English civil law, but has been employed to punish deserters. It is not, however, now done by a hot iron, but with ink, gunpowder, or some other preparation, so as to be visible and permanent. The mark is the letter

“D,” affixed on the left side two inches below the armpit.


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


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 Rh cruel thought to persons less favoured in their birth, that this creature, endowed—to use the language of theatres—with extraordinary "means," should so manage to misemploy them that he looked ugly and almost deformed. It was only by an effort of abstraction, and after many days, that you discovered what he was. By playing on the oaf's conceit, and standing closely over him, we got a path made round the corner of the dump to our door, so that we could come and go with decent ease; and he even enjoyed the work, for in that there were boulders to be plucked up bodily, bushes to be uprooted, and other occasions for athletic display: but cutting wood was a different matter. Anybody could cut wood; and, besides, my wife was tired of supervising him, and had other things to attend to. And in short, days went by, and Irvine came daily, and talked and lounged and spat; but the firewood remained intact as sleepers on the platform or growing trees upon the mountain-side. Irvine, as a woodcutter, we could tolerate; but Irvine as a friend of the family, at so much a day, was too bald an imposition, and at length, on the afternoon of the fourth or fifth day of our connection, I explained to him, as clearly as I could, the light in which I had grown to regard his presence. I pointed out to him that I could not continue to give


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206 him a salary for spitting on the floor; and this expression, which came after a good many others, at last penetrated his obdurate wits. He rose at once, and said if that was the way he was going to be spoke to, he reckoned he would quit. And, no one interposing, he departed. So far, so good. But we had no firewood. The next afternoon, I strolled down to Rufe's and consulted him on the subject. It was a very droll interview, in the large, bare north room of the Silverado Hotel, Mrs. Hanson's patchwork on a frame, and Rufe, and his wife, and I, and the oaf himself, all more or less embarrassed. Rufe announced there was nobody in the neighbourhood but Irvine who could do a day's work for anybody. Irvine, thereupon, refused to have any more to do with my service; he "wouldn't work no more for a man as had spoke to him 's I had done." I found myself on the point of the last humiliation—driven to beseech the creature whom I had just dismissed with insult: but I took the high hand in despair, said there must be no talk of Irvine coming back unless matters were to be differently managed; that I would rather chop firewood for myself than be fooled; and, in short, the Hansons being eager for the lad's hire, I so imposed upon them with merely affected resolution, that they ended by begging me to re-employ him again, on a solemn promise that


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Rh he should be more industrious. The promise, I am bound to say, was kept. We soon had a fine pile of firewood at our door; and if Caliban gave me the cold shoulder and spared me his conversation, I thought none the worse of him for that, nor did I find my days much longer for the deprivation.

The leading spirit of the family was, I am inclined to fancy, Mrs. Hanson. Her social brilliancy somewhat dazzled the others, and she had more of the small change of sense. It was she who faced Kelmar, for instance; and perhaps if she had been alone, Kelmar would have had no rule within her doors. Rufe, to be sure, had a fine, sober, open-air attitude of mind, seeing the world without exaggeration—perhaps, we may even say, without enough; for he lacked, along with the others, that commercial idealism which puts so high a value on time and money. Sanity itself is a kind of convention. Perhaps Rufe was wrong; but, looking on life plainly, he was unable to perceive that croquet or poker were in any way less important than, for instance, mending his waggon. Even his own profession, hunting, was dear to him mainly as a sort of play; even that he would have neglected, had it not appealed to his imagination. His hunting-suit, for instance, had cost I should be afraid to say how many


text: Page:Lyrics of Life, Coates, 1909.djvu/65


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208 bucks—the currency in which he paid his way: it was all befringed, after the Indian fashion, and it was dear to his heart. The pictorial side of his daily business was never forgotten. He was even anxious to stand for his picture in those buckskin hunting clothes; and I remember how he once warmed almost into enthusiasm, his dark blue eyes growing perceptibly larger, as he planned the composition in which he should appear, "with the horns of some real big bucks, and dogs, and a camp on a crick" (creek, stream).

There was no trace in Irvine of this woodland poetry. He did not care for hunting, nor yet for buckskin suits. He had never observed scenery. The world, as it appeared to him, was almost obliterated by his own great grinning figure in the foreground: Caliban Malvolio. And it seems to me as if, in the persons of these brothers-in-law, we had the two sides of rusticity fairly well represented: the hunter living really in nature; the clodhopper living merely out of society: the one bent up in every corporal agent to capacity in one pursuit, doing at least one thing keenly and thoughtfully, and thoroughly alive to all that touches it; the other in the inert and bestial state, walking in a faint dream, and taking so dim an impression of the myriad sides of life that he is truly conscious of nothing but himself. It is only


text:
Page:Lyrics of Life, Coates, 1909.djvu/66

 WITH BREATH OF SPRING


text:
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Rh in the fastnesses of nature, forests, mountains, and the back of man's beyond, that a creature endowed with five senses can grow up into the perfection of this crass and earthy vanity. In towns or the busier country sides, he is roughly reminded of other men's existence; and if he learns no more, he learns at least to fear contempt. But Irvine had come scathless through life, conscious only of himself, of his great strength and intelligence; and in the silence of the universe, to which he did not listen, dwelling with delight on the sound of his own thoughts.


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CHANGE in the colour of the light usually called me in the morning. By a certain hour, the long, vertical chinks in our western gable, where the boards had shrunk and separated, flashed suddenly into my eyes as stripes of dazzling blue, at once so dark and splendid that I used to marvel how the qualities could be combined. At an earlier hour, the heavens in that quarter were still quietly coloured, but the shoulder of the mountain which shuts in the cañon already glowed with sunlight in a wonderful compound of gold and rose and green; and this too would kindle, although more mildly and with rainbow tints, the fissures of our crazy gable. If I were sleeping heavily, it was the bold blue that struck me awake; if more lightly, then I would come to myself in that earlier and fairierfairer (?) [sic] light. One Sunday morning, about five, the first brightness called me. I rose and turned to the east, not for my devotions, but for air. The night had been very still. The little private gale that blew every evening in our cañon, for ten minutes or perhaps


text: Page:Lyrics of Life, Coates, 1909.djvu/69


text: Men and Women (Browning)/Volume 1/Respectability


text: Lyrics of Life (1909)/A Lowly Parable

title: Lyrics of Life (1909)/A Lowly Parable


text:
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Rh a quarter of an hour, had swiftly blown itself out; in the hours that followed not a sigh of wind had shaken the treetops; and our barrack, for all its breaches, was less fresh that morning than of wont. But I had no sooner reached the window than I forgot all else in the sight that met my eyes, and I made but two bounds into my clothes, and down the crazy plank to the platform. The sun was still concealed below the opposite hilltops, though it was shining already, not twenty feet above my head, on our own mountain slope. But the scene, beyond a few near features, was entirely changed. Napa Valley was gone; gone were all the lower slopes and woody foot-hills of the range; and in their place, not a thousand feet below me, rolled a great level ocean. It was as though I had gone to bed the night before, safe in a nook of inland mountains, and had awakened in a bay upon the coast. I had seen these inundations from below; at Calistoga I had risen and gone abroad in the early morning, coughing and sneezing, under fathoms on fathoms of grey sea-vapour, like a cloudy sky—a dull sight for the artist, and a painful experience for the invalid. But to sit aloft one's self in the pure air and under the unclouded dome of heaven, and thus look down on the submergence of the valley, was strangely different and even delightful to the eyes.


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212 Far away were hilltops like little islands. Nearer, a smoky surf beat about the foot of precipices and poured into all the coves of these rough mountains. The colour of that fog ocean was a thing never to be forgotten. For an instant, among the Hebrides and just about sundown, I have seen something like it on the sea itself. But the white was not so opaline; nor was there, what surprisingly increased the effect, that breathless, crystal stillness over all. Even in its gentlest moods the salt sea travails, moaning among the weeds or lisping on the sand; but that vast fog ocean lay in a trance of silence, nor did the sweet air of the morning tremble with a sound. As I continued to sit upon the dump, I began to observe that this sea was not so level as at first sight it appeared to be. Away in the extreme south, a little hill of fog arose against the sky above the general surface, and as it had already caught the sun, it shone on the horizon like the topsails of some giant ship. There were huge waves, stationary, as it seemed, like waves in a frozen sea; and yet, as I looked again, I was not sure but they were moving after all, with a slow and august advance. And while I was yet doubting, a promontory of the hills some four or five miles away, conspicuous by a bouquet of tall pines, was in a single instant overtaken and swallowed


text:
Bells and Pomegranates, Second Series/Spain—The Confessional

[]

I

It is a lie—their Priests, their Pope, Their Saints, their. . . all they fear or hope Are lies, and lies—there! through my door And ceiling, there! and walls and floor, There, lies, they lie—shall still be hurled Till spite of them I reach the world!

II

You think Priests just and holy men! Before they put me in this den I was a human creature too, With flesh and blood like one of you, A girl that laughed in beauty's pride Like lilies in your world outside.

III

I had a lover—shame avaunt! This poor wrenched body, grim and gaunt, Was kissed all over till it burned, By lips the truest, love e'er turned His heart's own tint: one night they kissed My soul out in a burning mist.

IV

So, next day when the accustomed train Of things grew round my sense again, "That is a sin," I said: and slow With downcast eyes to church I go, And pass to the confession-chair, And tell the old mild father there.

V

But when I falter Beltran's name, "Ha?" quoth the father; "much I blame "The sin; yet wherefore idly grieve? "Despair not—strenuously retrieve! "Nay, I will turn this love of thine "To lawful love, almost divine;

VI

"For he is young, and led astray, "This Beltran, and he schemes, men say, "To change the laws of church and state "So, thine shall be an angel's fate, "Who, ere the thunder breaks, should roll "Its cloud away and save his soul.

VII

"For, when he lies upon thy breast, "Thou mayst demand and be possessed "Of all his plans, and next day steal "To me, and all those plans reveal, "That I and every priest, to purge "His soul, may fast and use the scourge."

VIII

That father's beard was long and white, With love and truth his brow seemed bright; I went back, all on fire with joy, And, that same evening, bade the boy Tell me, as lovers should, heart-free, Something to prove his love of me.

IX

He told me what he would not tell For hope of heaven or fear of hell; And I lay listening in such pride! And, soon as he had left my side, Tripped to the church by morning-light To save his soul in his despite.

X

I told the father all his schemes, Who were his comrades, what their dreams; "And now make haste," I said, "to pray "The one spot from his soul away; "To-night he comes, but not the same "Will look!" At night he never came.

XI

Nor next night: on the after-morn, I went forth with a strength new-born. The church was empty; something drew My steps into the street; I knew It led me to the market-place: Where, lo, on high, the father's face!

XII

That horrible black scaffold dressed, That stapled block. . . God sink the rest! That head strapped back, that blinding vest, Those knotted hands and naked breast, Till near one busy hangman pressed, And, on the neck these arms caressed. ..

XIII

No part in aught they hope or fear! No heaven with them, no hell!—and here, No earth, not so much space as pens My body in their worst of dens But shall bear God and man my cry, Lies—lies, again—and still, they lie!


text: Lyrics of Life (1909)/Influence

title: Lyrics of Life (1909)/Influence


text: Lyrics of Life (1909)/The Poet

title: Lyrics of Life (1909)/The Poet


text: Lyrics of Life (1909)/L'Amour Fait Peur

title: Lyrics of Life (1909)/L'Amour Fait Peur


text:
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Rh up. It reappeared in a little, with its pines, but this time as an islet, and only to be swallowed up once more and then for good. This set me looking nearer, and I saw that in every cove along the line of mountains the fog was being piled in higher and higher, as though by some wind that was inaudible to me. I could trace its progress, one pine-tree first growing hazy and then disappearing after another; although sometimes there was none of this fore-running haze, but the whole opaque white ocean gave a start and swallowed a piece of mountain at a gulp. It was to flee these poisonous fogs that I had left the seaboard, and climbed so high among the mountains. And now, behold, here came the fog to besiege me in my chosen altitudes, and yet came so beautifully that my first thought was of welcome. The sun had now gotten much higher, and through all the gaps of the hills it cast long bars of gold across that white ocean. An eagle, or some other very great bird of the mountain, came wheeling over the nearer pine-tops, and hung, poised and something sideways, as if to look abroad on that unwonted desolation, spying, perhaps with terror, for the eyries of her comrades. Then, with a long cry, she disappeared again towards Lake County and the clearer air. At length it seemed to me as if the flood were beginning to subside.


text: Lyrics of Life (1909)/Honor

title: Lyrics of Life (1909)/Honor


text:
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214 The old landmarks, by whose disappearance I had measured its advance, here a crag, there a brave pine-tree, now began, in the inverse order, to make their reappearance into daylight. I judged all danger of the fog was over. This was not Noah's flood; it was but a morning spring, and would now drift out seaward whence it came. So, mightily relieved, and a good deal exhilarated by the sight, I went into the house to light the fire. I suppose it was nearly seven when I once more mounted the platform to look abroad. The fog ocean had swelled up enormously since last I saw it; and a few hundred feet below me, in the deep gap where the Toll House stands and the road runs through into Lake County, it had already topped the slope, and was pouring over and down the other side like driving smoke. The wind had climbed along with it; and though I was still in calm air, I could see the trees tossing below me, and their long, strident sighing mounted to me where I stood. Half an hour later, the fog had surmounted all the ridge on the opposite side of the gap, though a shoulder of the mountain still warded it out of our cañon. Napa Valley and its bounding hills were now utterly blotted out. The fog, sunny white in the sunshine, was pouring over into Lake County in a huge, ragged cataract, tossing


text: Lyrics of Life (1909)/Beauty's Path

title: Lyrics of Life (1909)/Beauty's Path


text: Lyrics of Life (1909)/Fritz Scheel—A Tribute


text: Lyrics of Life (1909)/Reproach Not Death


text: Lyrics of Life (1909)/Beside a Pleasant Shore


text: Lyrics of Life (1909)/The Sun-Dial

title: Lyrics of Life (1909)/The Sun-Dial


text:
User:Ancient Apparition

I am Ancient Apparition on all Wikimedia wikis. For urgent matters conctact me on my talk page on the English Wikipedia

title: User:Ancient Apparition


text: Lyrics of Life (1909)/Thomas Bailey Aldrich


text: Lyrics of Life (1909)/Mother-Love

title: Lyrics of Life (1909)/Mother-Love


text:
Page:The Amateur Emigrant-The Silverado Squatters.djvu/235

Rh appearing and disappearing in the spray. The air struck with a little chill, and set me coughing. It smelt strong of the fog, like the smell of a washing-house, but with a shrewd tang of the sea salt. Had it not been for two things—the sheltering spur which answered as a dyke, and the great valley on the other side which rapidly engulfed whatever mounted—our own little platform in the cañon must have been already buried a hundred feet in salt and poisonous air. As it was, the interest of the scene entirely occupied our minds. We were set just out of the wind, and but just above the fog; we could listen to the voice of the one as to music on the stage; we could plunge our eyes down into the other, as into some flowing stream from over the parapet of a bridge; thus we looked on upon a strange, impetuous, silent, shifting exhibition of the powers of nature, and saw the familiar landscape changing from moment to moment like figures in a dream. The imagination loves to trifle with what is not. Had this been indeed the deluge, I should have felt more strongly, but the emotion would have been similar in kind. I played with the idea, as the child flees in delighted terror from the creations of his fancy. The look of the thing helped me. And when at last I began to flee up the mountain, it was


text: Lyrics of Life (1909)/"The Sense of Tears in Mortal Things"


text:
In re Video Depot

Appeal from the United States District Court for the Western District of Washington. D.C. No. CV-95-01484-CRD. Carolyn R. Dimmick, District Judge, Presiding.

AFFIRMED.

Scott M. Mahoney, Las Vegas, Nevada, for the defendant-appellant.

James L. Day, Bush, Strout, & Kornfeld, Seattle, Washington, for the plaintiff-appellee.

Before: Eugene A. Wright, Dorothy W. Nelson, and Alex Kozinski, Circuit Judges. Opinion by Judge Nelson.

title: In re Video Depot