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character and purpose of this Work are indicated by its title, and by the articles of the present number. The Editor wishes to assemble, upon the high æsthetic ground (away from the regions of strife, in any bad sense), writers of different schools,—that the antagonistic views of Philosophy, of Individual and of Social Culture, which prevail among the various divisions of the Church, and of the Scientific and Literary world, may be brought together, and a white radiance of love and wisdom be evolved from the union of the many-colored rays, that shall cultivate an harmonious intellectual and moral life in our country. Individuals of all parties have already expressed, by letters and in conversation, their interest in this plan; and the Editor hopes another number may present a practical exemplification of the fact, that all believe that on the æsthetic ground all may meet.

Whether Reviewing shall form a large part of the matter of this Publication is a question to be answered by future numbers. The object is good matter; and no form is prescribed to the author who is alive. One of the Editor's correspondents says upon this head:—"There is one species of periodical which I should like to see established; and that is, a Censor of periodicals, a Review of Reviews, where judgments, unjust or inadequate, expressed in other journals, should be reconsidered and overruled; where articles, written in a bad spirit, should meet with just reprobation. As it is, reviewers, and editors of journals, are a class of men who are never called to account. I would have a court constituted

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Rh especially for that order. I would have such writers as, and such articles as , brought to the bar, tried, and judged according to their deserts."

No one is better qualified for this duty than the author of the suggestion; and the Editor will rejoice to have him or others put the plan into execution in future numbers, and hereby gives invitation to them to do it.

The plan of publication for this Work is like that of the "British and Foreign Review," which has been the model of its form, size, and type; namely, that a number should appear whenever a sufficient quantity of valuable matter shall have accumulated to fill 256 pages. This will in no case happen more than three times a year; perhaps not oftener than once a year.

The terms of patronage proposed are peculiar to itself. No person is asked to subscribe for more than one number in advance; but whoever is so far pleased with the current number as to desire another is requested to send an order to that effect to the Editor, who is also Publisher, No. 13, West-street, Boston. When a sufficient number of orders are given to pay for the publication, including compensation to the authors, a new number will be printed; the Editor being content to receive such profit as may accrue from the sale of other numbers not subscribed for beforehand. The Publisher's subscribers will have the numbers at $1, payable on delivery. The price at the bookstores will be $1.25.

Boston, May, 1849.

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 CHAPTER VII

THE LAST TRY-OUT

" got a letter," said Ralph, as Frank joined him.

"I see you have; but it isn't from over the water, because it has no foreign stamp on it," remarked the other, shrewdly.

"You're right, Frank. But it had the money in it, as usual. This is just after the first, you know," continued Ralph.

The freshman, who would enter the sophomore class next year, did not live in Columbia. He had come from a small place called Scardale, and boarded, being one of the pay pupils at Columbia High School.

There was a strange mystery connected with his life, and Frank had helped bring this very close to a settlement. Ralph had been adopted by the Wests when a mere baby, taken from the poorhouse in fact. Since the preceding summer, every month a remittance of forty dollars had come to him, with Rh


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66 a few lines in typewriting in the first enclosure, wishing him success in obtaining a coveted education.

It turned out that this money came through an uncle of Frank's, a lawyer in New York. Finally it was discovered through the assistance of a man named Sam Smalling, that the baby had been left at the poorhouse at the instigation of one Arnold Musgrove, a gentleman who was now traveling with his wealthy widowed sister in EroupeEurope [sic].

This lawyer uncle of Frank's was now chasing after the couple abroad, and Ralph anticipated hearing welcome news when Judge Allen found a chance to talk privately with Mrs. John Langworthy, as the lady was called.

"Well," said Frank, smiling, "you know we expected that it would turn up. Uncle has a fund to draw upon, and I suppose one of his clerks had orders to attend to it as usual while he was away. That shouldn't worry you, Ralph," and Frank threw an arm across the shoulders of his younger friend as he spoke.

Ralph's strange position had appealed strongly to the generous lad, who had never known the time when he was without the loving care of both father and mother. And Helen, too, was interested in him, since they were in the same class at school.

"Tell me about the boat. I was so busy up at the house looking over my things, that I didn't get


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Rh down until too late. I wondered what all the noise was about, too. Was it stolen, really, and where did you find it, Frank?" he asked, eagerly, for Frank was his warmest friend and advisor, and Ralph loved him like a brother.

"Oh! you couldn't guess in a year. Where but on top of the new sky-scraper building they are putting up downtown;" and then, as Ralph expressed the utmost astonishment, Frank proceeded to tell him the particulars, not forgetting to explain what connection Minnie had with the discovery of the boat's lodging place.

"Of course though, it would have been found when the men went up to work. I don't think the fellows who played that prank really wanted to do anything more than have some fun at our expense. Perhaps they were some of our friends, and laughed secretly while they pretended to join in the scramble of a hunt. So I guess that after all Lef Seller and his crowd didn't happen to be in this game," remarked Frank.

"No, because he never stops at anything when he tries to get even with a fellow. I met Helen, and she was telling me about your upset last night, and that you had a sort of an idea Lef was the one responsible for it," Ralph went on.

"That's what I get for telling a girl. They can never keep a secret. Helen understood that I didn't


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68 want anyone to know what I thought. You see Ralph, I have no real proof outside of a laugh, and that's rather weak to hang a fellow. But Lanky is going to burrow around until he discovers who it was. He's sworn a solemn vow never to rest until he learns," laughed Frank.

"Yes, and then?" asked his companion.

"Like as not there'll be some sort of a mix-up, especially if it proves to be Lef. Lanky has been sore on him for a long time, and declares he's itching to teach him a lesson, given half an excuse. School's out now, and he can't be hauled up before the Head, you see. I know Lanky, and between you and the lamppost I guess he's gionggoing [sic] to learn what he's after, sooner or later."

The boys had been walking along as they talked, and were now in front of Frank's house. Ralph looked wistfully over the fence, for there was something about the place which appealed to this homeless lad; but even though Frank asked him several times to come in and eat lunch with him he declined, for Ralph had more or less pride.

"Perhaps," he muttered to himself as he walked hastily away toward his forlorn boarding place, "I may have a home some fine day, and forget this awful feeling. Oh! I hope it will be so. And a mother, too—what that means to me no person can ever know. I try to imagine it, and every time break


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Rh down. How slow the days go; and will I ever hear from Europe and find that I have a mother who is coming to me as fast as steam will let her."

At four o'clock there were many hundreds of people along the river watching the animated scene. Never in all its history had the Harrapin witnessed such a collection of water craft.

Perhaps, hundreds of years back some gathering of the red tribes may have dotted its waters with birch bark canoes and heavier dugouts. It would be difficult to picture such a scene however, gazing at the jaunty shells in which sinewy lads were shooting up and down stream; noisy little power-boats that could spin along like magic; besides all manner of other craft, including many cedar canoes, both single and double.

On this day every boat almost that could carry two had a girl as a passenger, and their merry laughter and calls encouraged the practicing athletes in their endeavor to outdo previous records.

Frank found his crew on hand, and evidently in the pink of condition, at least as growing boys went. The trainer soon had them in the new shell, and talked earnestly to them before starting the craft out for a few trial spins before its last heat over the full course.

Among those who looked on and speculated as to the chances of the several crews were enthusiasts


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70 from Clifford and Bellport. Frank had also discovered several whom he knew belonged to one or the other of the rival crews.

When he mentioned this fact to Coach Willoughby the other laughed and nodded.

"Come to get a line on what you boys can do," he remarked; "but we'll fool them nicely, all right, depend on it. Remember the stroke I told you, Frank. On no account go above it to-day; but in the race, when I give the signal, you can speed up."

He had been selected as the starter of the race. After that it was expected that he would return once more to his duties as Columbia's coach, keeping tabs of his wards by chasing along the river road on a motor-cycle, and shouting his suggestions through a megaphone.

The umpire would accompany the contestants on board a motor-boat, so as to watch every move made as much as possible. His was the duty to warn any man when a foul seemed in danger of being committed, and to remove any boat crew from the race in case a deliberate one was attempted that had a bearing on the result.

Scores of voices rang out here and there. The river itself was mostly given up to the practicing contestants, others being content to hug the shores, and slip out of the way when a team came dashing along like a streak.


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Rh Canoeists paddled bravely against the current, or came spinning down on its bosom like flying corks.

Above the clamor and laughter and little feminine shrieks could be heard the strident voice of the trainer as he called:

"Now, increase your stroke gradually, coxswain! Hit the water, Number Four! Once again, and a little harder this time! Row easy, all! Leave off pulling!" and over and over the rounds, while the eight rowers were striving to make themselves as much of a machine as possible, with Frank bending backwards and forwards as though he were the pendulum of a clock.

In one section of the water there was a tremendous lot of enthusiasm. Here several fellows in bathing suits were practicing the difficult art of navigating ordinary tubs, with a small paddle of the regulation size to aid them.

Buster Billings seemed to be the more expert and master spirit of the lot. The fat boy somehow just took to this sort of thing, and could make his tub whirl along downstream in a bewildering series of turns, but with a speed that quickly distanced his competitors.

"If Buster can keep up the good work to-morrow, Columbia will be sure of one prize, anyhow," everybody was saying, with great good humor; for the


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72 sight of the whirling, bobbing tubs, constantly threatening an upset, had been laughable.

"There, they are off at last!" shouted an enthusiastic student who wore the colors of Columbia High about his hat.

The eight-oared shell was seen speeding up the river. Cheers accompanied its passage from numbers along the banks. Several men in a motor-car were apparently timing the quarter, and half. They were from Clifford, and had a deep interest in getting a pointer on the abilities of the oarsmen in the Columbia shell.

If the eight lads could hold out on that two-mile heart-breaking pull up to Rattail Island, they would have it easier on the return. Here the current assisted, and terrific speed could be maintained.

On shore the coach was riding his motor-cycle, and his voice bawled constant directions, that were readily carried out by the wide-awake crew.

So, finally they came to the island, and rounded its upper reach. Frank had on various occasions sounded every foot of water here, and located every hidden rock, so that he was quite familiar with his ground as he carried the boat around on the cross current, and then swung for the return voyage.

"Well done, coxswain! Good for you! A splendid turn! Now, steady all, and increase again slowly!" came from the shore; and the words of


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Rh praise from that veteran Princeton graduate thrilled Frank pleasantly.

Every boy who owned a watch was timing the heat. Various nods of satisfaction were exchanged as comparisons were made with recognized river records. The automobile from Clifford went off in a cloud of dust.

"They don't seem over joyous, those chaps," remarked Coach Willoughby, as he looked after the machine, and grinned; "perhaps you overdid it a little, boys, and put on too much steam. They are figuring whether their fellows can equal it."

"We can do better than that, sir," said Frank, confidently.

"You bet we can," gasped Launcelot Jones, or "Jonsey" as he was usually called, and who was one of the eight.

Coach Willoughby glanced sharply at him but said nothing just then. A little later, as Frank was dressing in the boathouse he remarked to Lanky:

"What did you think of our trial heat, Lanky?" The other looked around cautiously, as if to make sure that no one might hear.

"It was all to the good, but if there is going to be a weakness developed anywhere to-morrow, I think I can put my finger on it," he said, uneasily.

"I know who it is. I saw Coach Willoughby look at him when he was so out of breath. I only hope


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74 Jonsey doesn't collapse. From what the trainer said I imagine he means to swing him around to-night, to brace him up. He also whispered that we must try to favor Jonsey all we can to-morrow," observed the coxswain.

"That's possible in many little ways. You know they say a chain is only as strong as its weakest link. I wish we had some one else to put in; but it's too late now, because he would be a greenhorn," said Lanky.

"Oh! Jonsey is a clever oarsman. He seems to lack in stamina a bit. But I imagine our experienced trainer has a few wrinkles up his sleeve, and will know what to do to brace our weak brother up for the great occasion. By the way, Lanky"

"Now, I know right well what you're about to spring on me. I told you to do it, but I reckon the same will sound like a chestnut soon. I'm on, Frank. Just as soon as I fix this flowing tie to suit my taste, and please the eyes of the dear girls who throng outside, I'm going to prowl around and take a look at motor-boats!"

"Thinking of buying one, and want to get posted, eh?" asked the other, winking.

Lanky grinned amiably, as he started for the door.

"I'm just now interested in the way they make the various type of bows on the craft; and want to learn


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Rh how much green paint and varnish they are guaranteed to detach from the side of a rowboat in case of a collision!"

"Oh! I see!" exclaimed Frank, laughing; "well, good luck attend your search!"


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Rh Bill. The House of Commons heard Pitt for the last time and Burke for the first time, and was in doubt to which of them the palm of eloquence should be assigned. It was indeed a splendid sunset and a splendid dawn.'

The occasion was truly critical. The ill-starred measure of Grenville, dating from March, 1765, had done its work. The Colonies, hitherto so loyal, were furious. In August grave disturbances broke out. The news of the riots reached England in the course of the autumn. The violence of the rioters was everywhere denounced. The House of Commons met on January 14. Mr. Pitt spoke early in the debate. There was keen excitement to know what line the Great Commoner would adopt. For two years he had been rarely heard in Parliament. When he rose to speak, he began, we are told, in a low tone of voice. But the low tone was not long maintained. He was in no mood for soft words or suppressed convictions.

Turning to his brother-in-law, George Grenville, who had been dismissed from the Premiership half a year before, and now sat on the bench close to him, he observed, as it were incidentally, 'As to the late Ministers, every capital measure they took was—entirely wrong! As to the present gentlemen,' that is, Lord Rockingham's short-lived colleagues, 'I have no objections. I have never been made a sacrifice to any of them. Their characters are fair, and I am always glad when men of fair character engage in His Majesty's service.... But notwithstanding—for I love to be explicit—I cannot give them my confidence. Pardon me, gentlemen,' bowing to the Ministry, 'confidence is a plant of slow growth in an aged bosom'—he was then a little over 57—'youth is the season of credulity.'

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 CHAPTER VIII

A NIGHT ALARM

" you game to spend the night down by the river, Buster?" asked Frank, as he walked toward home with the fat and jolly student.

"Am I? Since my heft unfits me for participating in the glorious events of to-morrow, save as an humble 'tubber,' I'm just tickled at the chance to serve my fellow club members as a guardian of their cherished craft," replied the other, with his chest thrust out pompously.

Frank laughed at the assumption of dignity.

"No danger of you ever wanting for a job, so long as drum majors in bands are in demand, Buster. But who's going to be company with you?" he inquired, seriously.

"I've asked Bones Shadduck. You see in an affair of this sort variety is really the spice of it, and we represent the fat and the lean," grinned Buster.

"It will be a lonely watch, I imagine, if one of you intends staying awake. I suppose you mean to take turns at standing guard?" asked Frank. Rh


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Rh "Sure. And I've arranged it so that there can be no sleeping on post. These walking skeletons are so apt to get drowsy, you know; and in this case it might be a fatal thing, for I've had a sort of side tip that the betting crowd have wagered Columbia will never start in the race, or get as far as Rattail Island, anyhow."

"Is that a fact?" remarked Frank, with a whistle to indicate his annoyance; "then it's a wise thing you fellows intend to stand guard. Have you any signal to call help in case of trouble," he inquired, anxiously.

"Have we?" echoed Buster, with a laugh; "well, if you happen to wake up in the night and hear the fire bells ringing like mad just dust into your duds like fun and streak it for the clubhouse, that's all. Some of the fellows will be there, up to eleven or so, and after that Bones and myself take charge. Perhaps I'll have something funny to tell you when we meet again, Frank."

"All right, then. Acting on your suggestion I'm going to have my clothes handy for a quick turn. Make preparations for fire, while you're about it, Buster."

"Do you really think any one of them would go that far?" demanded the other.

"I hate to think so, but you know as well as I do that when men make a business of gambling on


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78 races they will stop at nothing in order to win, I've even heard of cases where one of the contestants was made sick just before the race, to weaken him; a boat damaged by fire; a jockey bribed to throw a race; or a favorite horse doped while in the stable. Don't sleep, Buster, on duty, or it may cost us dear!" urged Frank.

"You just bet I won't, and to keep Bones on the alert I'm going to bring a bottle of cold coffee around with me. Nothing like it to prevent you from getting dopy. But there's a fire extinguisher at the club, you know. Besides, they have a hose we use to wash our boats out with. Oh! we'll bamboozle the tricky Cliffordites if they come nosing around," declared Buster, cheerfully.

"Perhaps the Cliffordites may not be the only ones anxious to upset our calculations for to-morrow," said Frank, slowly.

"I know, and it wouldn't surprise me one bit," remarked the other, mysteriously. "To tell you the truth, Frank, although I haven't said a word to any one about it, I did see Lef Seller prowling around the boathouse when nearly every fellow was outside watching your crew come down the river, and heading for the home stake."

"Then he's up to mischief, you can depend on it. The more that fellow is knocked out in his calculations the deeper he digs. That's the only good trait


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Rh Lef has as far as I know; he never gives anything up!"

"Yes, but when he's caught in a trap he acts like a baby, and makes all sorts of promises to reform," sneered Buster, who could remember several cases in point.

"I ought to know that," observed Frank, with a smile, "for he declared to me in the most positive way that he meant to turn over a new leaf if I'd keep mum about a certain thing, where I had him dead to rights."

"Well, tell me, did he?" demanded his companion.

"Just so long as he knew I was holding the evidence. When he found a chance to steal that away from me he laughed in my face, and no doubt dubbed me an easy mark. But he had better beware, for there's a Nemesis on his track now who means to pull him down."

Buster looked startled at these mysterious words.

"Who's that, Frank?" he asked, in some awe.

"I don't dare tell you, for fear that he gets wind of it. You just wait and see what happens. The pitcher may go once too often to the well, you know, Buster."

"Yes, and get smashed at last. Oh! I hope I'm around when Lef runs foul of this mysterious avenger. I hope he gives him a good healthy licking, that will go a big way toward wiping out the many


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80 scores we all owe him. That's what I say. But I leave you here, Frank. Columbia looks to you to win to-morrow, sure, remember, old top!" and he laid a hand affectionately on the arm of his chum.

"I hope Columbia won't be badly disappointed, that's all. But you mustn't put it that way, Buster; there are eight other fellows with me, and every one of them carries just as much responsibility on his shoulders as I do, even if I am the coxswain of the crew. Then there are the members of the four-oared shell crew, besides the single scullers, the canoeists who expect to compete, and even a number of our power-boats have entered for a match. Columbia can't expect to carry off all the honors, you know. We must be satisfied with our share; but every fellow is of course hoping that share will just include the race in which he is interested. So good night, and luck to you in your watch!"

Frank would himself have joined in guarding the boathouse that night only for the positive instructions on the part of Coach Willoughby to the effect that every contestant in the principal events of the morrow must promise to be in his bed by ten o'clock, to which all had agreed.

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Rh he is straining every muscle and nerve to do his level best, his case becomes hopeless.

Minnie Cuthbert, accompanied by Paul Bird and one of the latter's sisters, came over after supper. They expected to have a pleasant evening, with the understanding that Frank was to retire punctually at his given time.

School songs were sung with great vim, and passersby were impelled to stop and listen to those fresh young voices as in unison they trolled out the many familiar tunes. Paul, being on the training list also, it would be necessary that he start home before the town clock struck ten in order to comply with his promise.

"Come over here a minute, Frank; I want to speak to you," Paul remarked in a whisper, when the girls were laughing over some of the songs in the collection from which they had been singing.

"What's the racket now?" asked Frank, who could see from the manner of his chum that the other was worried about something.

"That fellow means to try and do something or other to you to keep you out of the race to-morrow. I hate to speak that way of any chap, but I wouldn't put it past Lef Seller one little minute," observed Paul, when he had drawn the other aside.

"Of course you've got some good reason for


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82 that, Paul?" argued Frank, as he looked keenly into the face of the other.

"Well, I'm speaking partly on general principles, you see, judging from past performances on the part of the gentleman in question. Then again, I want to know what he was loafing around your house for, this evening?" answered Paul.

"To-night? You mean you saw him around when you came here?" demanded Frank, his forehead wrinkled in a frown of annoyance.

"A fellow started out of the fence corner as we came up, and slouched away. He managed to hide his face all right, and the girls never gave him a second look; but somehow his actions seemed a bit suspicious to me, and I watched him pass the gas light just beyond," went on Paul, earnestly.

"And you recognized him then?"

"It was certainly Lef Seller. Now, what was he doing hanging around here, and the very night before the race, of all times? That cub has some kind of a mean game in hand, as usual; and it means trouble for you, Frank," and Paul's voice told of his concern over the welfare of his chum.

"Oh! I guess you must be mistaken this time, Paul. Tell you what seems more likely to me," and Frank glanced hastily toward the merry group of pretty girls, as he unconsciously lowered his already soft tones; "I'd be more apt to believe that he


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Rh you here, and you just happened to see him slink away."

"But he's never bothered with me. All his venom seems to be directed toward you, Frank. I don't catch on to your meaning," observed Paul, puzzled.

"Oh! shucks, why do you make me say it plainer? It's Minnie! Lef used to go with her considerably before she and I became such good friends. That's the real secret of his hatred for me, when you sift it down. He's still soft in that direction, especially since she has refused to speak to him after that runaway incident where I happened to play a little part."

"Oh! I see. And you really think that he was hanging around the Cuthbert house when Bessie and myself went to get Minnie to bring her here? Well, perhaps it's so; but promise me, Frank, that you'll be careful."

"You all make me feel as though I might be a precious cut glass vase, with a sign of 'hands off!' hung on me. Oh! why certainly, if it pleases you, Paul, I'll sleep with one eye open to-night, and my window nailed so that no ferocious burglar can crawl in to bruise me against to-morrow. But I'll be glad when this awful tension is over."

"So will I, Frank. Everybody seems to feel as if something dreadful is hanging over our heads. That boat being stolen last night shows how easy


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84 things can be done, if only there is a will! I wish it was to-morrow night," sighed Paul; who, while a fine, manly fellow, lacked some of the resolute and self-reliant qualities that made his friend such a factor in bringing victory to Columbia High on many an occasion.

It was about a quarter to ten when the trio of young people bade Frank and Helen good night, and went away. Frank, standing out on the steps, looked after them. Perhaps he was following the trim figure of Minnie as far as he could see her; and then again it might be that some recollection of Paul's mysterious warning flitted through his mind at that moment.

But if Lef Seller still hovered around he gave no token of his presence; and so Frank presently followed his sister into the house. He was shaking his head as if puzzled to know just what species of meanness his bitter rival could be engineering now, with the idea of hurting the one he hated, even if to do so he had to sacrifice Columbia's chances in the great event of the morrow.

"He's getting to be a big nuisance, that's what, and I really hope Lanky manages to learn enough to warrant him giving Lef the licking he promised him. I believe he can do it, too, once he's worked up to the point of sailing in; and it would do me good to be around when the circus comes off."


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Rh The idea seemed to please him, for he was still chuckling when he said good night to the others in the library, and went up to his room.

Once he tumbled into bed he was no great time in getting asleep, for the laborious work of the day had wearied his muscles. Still, he did not forget the warning of both Buster and Paul. He only partially disrobed when lying down on the outside of the bed clothes; and he fixed a nail in the partly open window so that it could not be raised from without.

These things made Frank smile more than once, for he could not bring himself to believe that the knavery of those who might plot to ruin Columbia's chances in the races would be directed especially against him.

Frank had no idea how long he had slept, though it must have been several hours later when he was awakened by a furious jangling of bells. Jumping to his feet his pulses thrilled with great excitement as he realized that it was in truth the fire-bells he heard, and whanging away in a fashion that could have only one meaning.

It was the signal agreed upon to indicate that help was needed at the Columbia High boathouse. Some miserable business was on tap looking to the disabling of the precious shells so necessary toward winning on the morrow!


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86 Slipping on his clothes, Frank dashed out of the front door and started down the path to the gate. He had hardly taken a dozen jumps when in the darkness he came upon some benches that had been placed across the walk evidently with just this mean purpose in view. Unable to restrain his furious rush he went sprawling over in a heap, at the risk of breaking a bone in leg or arm!


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Rh interest of the British nation, and which made of our foreign policy the most disturbing element in Europe, as these despatches testify. These efforts met with general support from British Liberals and from Liberal newspapers. But the repeated denials of Mr. Asquith and Sir E. Grey in the House of Commons that any such secret commitments existed, combined with a lessening of acuteness in the naval controversy with Germany, the Haldane Mission to Berlin, the proof of hearty Anglo-German co-operation throughout the series of crises raised by the Balkan wars, and the well-founded belief that an arrangement was being negotiated with Germany over colonial matters, lulled the country into a sense of false security.

The opening of the fatal year found surface relations between Britain and Germany better than at any moment since the outbreak of the first Morocco crisis ten years before. When the crash came in August, British Liberals were suddenly confronted with the fact that they had been living in a fools' paradise, and that, the declarations of their trusted leaders as to the freedom of the country from diplomatic, military and naval entanglements had been untrue in substance, if not in form. But after one gasp of horrified amazement and indignant protest they condoned the betrayal of the people, and sought consolation in a self-deception which attributed altruistic motives to a war that, but for the train of circumstances set up by those secret and unavowed commitments, would probably never have taken place. For I contend that no man who studies the events of the ten years preceding the war in the light of all that is now disclosed, and with the sole desire of arriving at the truth [whatever his views may be as to the responsibility of the Teutonic Powers in the last three, weeks of the crisis], can believe that the Tsar and his Ministers would have pursued with such conscious and sustained deliberation their preparations for a Balkan explosion, or could have counted so entirely upon the "revanche" elements in France, fortified by an eight years' intimate collaboration with the British military and naval staffs, unless they had felt assured that the British Foreign Office was too deeply committed to draw back when Tsardom decided the opportune moment had come to force the issue.

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Translation:Shulchan Aruch/Orach Chaim/459

 The Place and Order of Kneading the Matzos'''

מקום וסדר לישת המצות

Paragraph 1 - We do not knead where there is sun. On a cloudy day, it is forbidden [to knead] outside because on a cloudy day, all is [legally] sunny. Rem"a: Therefore, the practice is to be careful not to knead near an open window, even if there is no sun there, lest it be cloudy and one not notice (Trumat Hadeshen chapter 122). Similarly, one should be careful not to transport matzos outside uncovered, and the same goes for the water or the flour (Hagahot Maimoni chapter 5 in the name of the Sma"k and Mahar"i Weil). One should not knead near the oven because of the oven's heat.

סעיף א - אין לשין במקום השמש, וביום המענן אסור תחת כל אויר הרקיע, משום דיומא דעיבא כליה שמשא. הגה: על כן נהגו לזהר מללוש נגד החלון הפתוח אפלו אין שם שמש, שמא יהיה מענן ולא אדעתיה (תרומת הדשן סימן קכ"ב). וכן יש לזהר מלהוליך המצות לתנור תחת הרקיע מגלה, וכן המים או הקמח (הגהות מיימוני פרק ה' בשם סמ"ק ומהר"י וייל). ולא יתקרב ללוש אצל התנור מפני חם התנור.

Paragraph 2 - The dough should not be left idle for even a moment. As long as it is being used, even the whole day, it will not rise. If it is left idle for the time that it takes to walk a mil, it is hametz. A mil is a quarter of an hour plus a twentieth of an hour. Rem"a: One should be stringent to hurry when making matzos, because there is concern that the waitings will aggregate to a mil or that one will be in a warm place where rising happens quicker (HAgahot Maimoni chapter 5 and Mordechai chapter Elu Ovrin). After dealing with the dough and warming it with your hands, if it is left idle, it will rise immediately. If one started with two pieces of dough simultaneously and one rose, the other also rose, even if no signs of rising are visible. If it rose to the point that there are cracks, even if the cracks have not overlapped but are rather completely separate, it is complete hametz and one who eats it deserves karet. If there is no crack but it is whitened (meaning that its appearence is white, Aruch) like a man whose hair is standing up straight, one who eats it is exempt [from karet]. Rem"a: ''If the matzo is made and one fears that it will rise, it is permitted to break it and to remake it so that the action will stop the rising. However, it is better to be careful a priori (Mahari"l in the name of the Aguda and the Rokeach).''

סעיף ב - לא יניחו העסה בלא עסק ואפלו רגע אחד. וכל זמן שמתעסקים בו, אפלו כל היום אינו מחמיץ. ואם הניחו בלא עסק שעור מיל, הוי חמץ. ושעור מיל הוי רביעית שעה וחלק מעשרים מן השעה. הגה: ויש להחמיר למהר בענין עשית המצות, כי יש לחש שהשהיות יצטרפו לשעור מיל או שיהיה במקום חם שממהר להחמיץ (הגהות מיימוני פרק ה' ומרדכי פרק אלו עוברין). ואחר שנתעסקו בבצק ונתחמם בידים, אם יניחוהו בלא עסק מיד יחמיץ. ואם התחילו בשתי עסות כאחד והחמיצה האחת, כידוע שהחמיצה גם השנית אפלו אין רואין בה סימני חמוץ. ואם החמיצה עד שיש בה סדקים, אפלו לא נתערבו הסדקים זה בזה אלא אחד הולך הנה ואחד הולך הנה, הוי חמץ גמור והאוכלו חיב כרת. ואם אין בו סדק אלא הכסיפו (פרוש נשתנה מראיתו ללבן. ערוך) פניו כאדם שעמדו שערותיו, האוכלו פטור. הגה: ואם המצה עשויה וירא שלא תבוא לידי חמוץ, מתר לשברה ולחזר לעשותה כדי שהעסק יבטל החמוץ, מיהו, טוב לזהר לכתחלה (מהרי"ל בשם אגודה ורוקח).

Paragraph 3 - If the woman kneading is tearing the dough in pieces [and in the process moistening her hands] with water, she should not use the same water that she uses to cool her hands because these waters will get warm and make the dough rise. Instead, she should have a dish full of water to moisten the dough. Rem"a: However, if she erred and did not cool her hands, it is permitted (Rambam chapter 5).

סעיף ג - אם האשה שהיא לשה היא מקטפת במים, לא תקטף באותם מים שמצננת בהם ידיה מפני שהם מתחממים ומחמיצים את העסה, אלא יהא לה כלי אחר מלא מים שתקטף בו. הגה: ומיהו בעברה ולא צננה ידיה, מתר (רמב"ם פרק ה').

Paragraph 4 - If one kneads after the onset of the prohibition of hametz, these waters [used for cooling one's hands or moistening the dough] and the water used to clean the kneading trough should only poured onto a slope so that they will not gather together and [the dough inside will] rise. Rem"a: ''The utensils used to make the matzo as well as the knife used to cut the dough should be scraped continuously during the making so that dough does not stick to them. Afterwards, they should be cleaned and dried well before they are used again (Mahari"l) and this is better than scraping them because it is impossible to clean them well by scraping. The stringent one will scrape and then clean (himself). On yom to, it is permitted to have a non-Jew do this. If there is no non-Jew, he should bring them to cold water or put them in the oven so that the dough on them will bake. It i permitted to clean the kneading troughs and similar things that can be used for storing something. One should be careful that the kneading trough not have a crevice or crack that can't be reached after kneading, because then [the dough inside] will rise and when one kneads again in it, [the new dough] will mix with the [old] dough (Mahari"l). One should not put the trough on a mattress or wool cushion during kneading, because this will heat the trough. However, a leather [cushion] is permitted (Mahar"i Weil).''

סעיף ד - אם לש אחר זמן אסור חמץ, אלו המים עם שאר המים שרוחצים בהם הערבה לא ישפכם אלא במקום מדרון, כדי שלא יתקבצו במקום אחד ויחמיץ. הגה: ''והכלים שמתקנים בהם המצות, והסכין שחותכין בו העסה, יגררם תמיד בשעת עשיה שלא ידבק בהם הבצק, ולאחר עשיה ידיחם וינגבם היטב לחזר ולתקן בהם פעם שנית (מהרי"ל), וזהו עדיף טפי ממה שנוהגין לגררן, כי אי אפשר לנקותן היטב על ידי גרירה. והמחמיר יגררן ואחר כך ידיחן (דברי עצמו). וביום טוב מתר לעשותו על ידי אינו יהודי, ואם אין אינו יהודי, טיטלם לצונן או יתנם לתנור שיאפה הבצק שעליהם. והערבות שאפשר לתת דבר בתוכו, מתר להדיח, וכן כל כיוצא בזה. ויש לזהר בערבה שלשין בה שלא יהיה בו שום גמא או סדק שלא יוכל לנקרו אחר הלישה ותחמיץ, ואחר כך כשחוזר ולש בו מתערב בבצק (מהרי"ל). ולא יתן הערבה על כר או כסת צמר בשעת הלישה, שמחמם הערבה, אבל על של עור שרי (מהר"י ווייל).''

Paragraph 5 - If she sinned and kneaded under the sun, the matzo is permitted.

סעיף ה - עברה ולשה תחת השמש, הפת מתרת.

Paragraph 6 - If the dough is soft, flour should not be added to it. Rather, one should make a small piece of hard dough and mix it with the soft dough. Rem"a: The matzos should be kept away from the flour, because the flour stuck to them will get into food and rise (Mordechai and the beginning of chapter Elu Ovrin).

סעיף ו - אם העסה רכה לא יוסיף בה קמח, אלא עושה עסה קטנה מגבול קשה ויערבנה עם העסה הרכה. הגה: וירחיק המצות מהקמח, כי הקמח הנדבק בהן בא אחר כך בתבשיל ומתחמץ (מרדכי ריש פרק אלו עוברין).

 * }


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 CHAPTER IX

ON GUARD

" I wish it was morning though, Buster."

"I like that, now, and before we've even begun to keep watch. Look here, Bones, you agreed to do your share of the sentry work, and I hope you don't intend to back out now?" and Buster Billings caught his companion by the lapels of his coat as he shook his head positively.

"Sure, I mean to keep my word. But ten to one you'll be glad when the blamed old night's over too—honest now, own up, Buster!" said Shadduck, with a tremendous yawn, as he stretched his arms above his head.

"Y—es, I suppose I will. But I'm a crank on duty, you know. You're not going to do a blessed thing to-morrow; while all Columbia looks to me to win laurels in the greatest tub race ever paddled on the raging Harrapin. But I've got it all arranged, so that we share watch and watch alike."

"What you been up to now, Buster? Got it fixed so that a fellow's going to be dumped into the river if he just goes over the time set for his snooze? Rh


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88 You're always hatching up some fool play like that," grumbled the sleepy one.

"Oh! rats! This is all it is," and Buster took out an alarm clock from a package he had brought to the boathouse after supper.

"Oh! I'm not afraid of that biting me," remarked Bones, cheerfully, "They keep one in my room every night, and we're good friends all right. When the pesky thing buzzes at seven o'clock I just open one eye and say 'thanks, awfully,' and then I'm off again. That thing has saved me from lots of trouble in my dreams. I consider it invaluable."

"Well, this clock doesn't know you. If you refuse to get up when it says 'time' I've got the blessed thing trained to kick like a steer. It's set for two hours, and I take the first watch. Then I'll set it again and you stand guard. Understand about that, now, Bones?" demanded the other.

"Yes. That's all right. Just let me get a little wink and I'll be all right. But say, don't it seem spooky down here when all the fellers are gone? I never thought the old place would be so still," and Shadduck looked a bit nervously around him.

"Spooky! Now, what makes you mention that, when you know I'm naturally inclined to feel a little shaky, after reading them stories about ghosts that were in one of the magazines this week? Just forget it, will you?"


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Rh Buster stalked around the interior of the fine boathouse as if trying to throw his own thoughts into another channel.

All around the sides of the structure the splendid and expensive water craft lay, the larger boats on the floor, and smaller canoes and shells up on racks arranged especially for their occupation.

Bones Shadduck made himself as comfortable as possible, using a quantity of burlap that had come around the latest addition to the fleet, the new eight-oared shell.

"Two hours, hey?" he grunted, as he settled down; "that's only time for a dozen winks. But I'm a sound sleeper, old chap, and I'll make the most of it. If anything happens don't wake me too suddenly, you know. I'm some apt to get excited if you do, and pitch in like a wildcat, regardless."

"Which will be a bad thing for you then," remarked Buster, holding up something suggestively.

"What d'ye call that?" demanded the other, opening his eyes again to satisfy his suddenly aroused curiosity.

"Well, it's what they call in the circus a stuffed club. Won't hurt a lot, but you can knock a man down with it. And I've practiced using the thing until I'm just about perfect," replied Buster, calmly.

"If you ever hit me with that thing, and I find it out I'm going to retaliate, hear me!" and grumbling


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90 thus Bones cuddled down among his burlap mattresses.

In two minutes he was asleep, if his heavy breathing could be taken to signify anything. Buster sat there a while, as though listening. Then he got up and wandered around the sides of the boathouse, carefully avoiding the center, as though it might be looked upon as dangerous ground.

The minutes dragged along, until an hour had passed. Frequently he started up to listen, while his blood bounded through his veins with increased speed. Each time, however, he discovered that his alarm was founded on trifles. Once it was caused by some men passing the boathouse, and talking. Again the rats playing at tag in between the inner and outer walls of the building gave him a fright.

Buster consulted his clock as many as five times in that hour. He had never known time to hang as heavily on his hands as now. The light had been put out, so that what came through one of the windows was all the illumination he had whenever he lifted up the alarm clock to scan its white face.

"Gee! this is awful!" he groaned, as he realized that still half an hour remained of his first watch.

Then again he sat up straight, while his hand trembled as he reached out for the novel weapon with which he had provided himself.

Surely he had heard some one brushing along the


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Rh outside of the building! Gaining his feet he silently crept over to the window and peered out. Lights could be seen here and there, for Columbia boasted of an electric plant, and arc lights adorned numerous street corners.

The voices grew in volume, and Buster's confidence increased. If these unseen persons had dark designs on the boathouse they would never allow their tones that latitude.

"Some fellows in a power-boat come to town to see the races to-morrow, and hunting for Jones' boat yard," was the conclusion he soon reached.

Finally the time was up. The alarm went off with a whirr, and Bones raised his head to say:

"All right, dad, I'm coming," after which he snuggled down again with a chuckle.

Buster took hold of him by the collar of his coat, and yanked him out on the floor.

"That dodge may do all right home, but it won't carry here, see! You sit up and take notice, Bones. Thought you were going to act the wildcat part, hey? Well, you're the tamest pussy I ever ran across. Now, looky here, stir your stumps, and remember that perhaps the honor of Columbia High rests with you, and the way you stand guard over these boats. Hear that?"

Shadduck was grumbling at the unnecessary violence shown by his comrade.


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92 "Think I'm a sack of meal, do you?" he said, defiantly; "well, I ain't, all the same. Course I understand the responsibility of the job. There don't nothing happen while I'm on duty without my knowing it. Lie down and take your forty winks. Got that clock set for two hours again, Buster?"

"Sure. And don't forget to keep away from the middle, or souse you go. It's some wet down below, Bones, though so thin a feller as you wouldn't make much of a splash, I reckon. None of your chaff, now. Let me improve the golden opportunity and snooze."

Buster remembered nothing after that. He was very sleepy, and the accumulated burlap made a pretty comfortable bed for a boy who was not overly particular.

With all his boasting Bones Shadduck was the poorest guard Buster could have selected to keep him company on this night when so much depended on watchfulness. He bravely kept his eyes open for half an hour. Nothing happening in that time, Bones found himself growing more and more lax in his wakefulness.

Finally he hunted out a soft spot to sit down, and sank upon it with a sigh of relief. Just then he believed that both he and Buster were fools to imagine that any harm could come to the precious boats. Why, who was there to injure the cedar craft? Lef


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Rh Seller and his crowd were capable of many kinds of mischief, but surely they would never dare commit arson. Why, it was a penitentiary offense.

Sleepy as he was Bones had little difficulty in convincing himself that it was all folly to waste time in remaining awake. Three separate times he made a brave effort to resume his duties, but on each occasion his will power grew weaker. And at last his head fell over on his shoulder, while his deep breathing told that he had been conquered by the drowsy little god.

The sudden rattle and whirr of the alarm clock aroused Buster. He instantly sat up, and saw his fellow guard soundly sleeping close beside him.

But Buster had no time to investigate further. He realized that there was a window open and a cool current of air blowing in on him.

"Here, you, what do you mean going to sleep on duty. Wake up! wake up!" he exclaimed, starting to gain his feet, for it seemed to him that something mighty like smoke had been carried to his nostrils.

Before he had fully risen he heard a rushing sound, and some moving body came in collision with him, almost throwing him over again.

"Wow!" shouted Buster, as he made a desperate effort to snatch up the club which he had kept at his side as he slept.


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94 While his eyes were not yet fully accustomed to the dim light he made out some moving figure near by. Immediately the fighting spirit was aroused in the boy. He felt his blood boiling with indignation at the thought of any one being mean and cowardly enough to come creeping in there in the dead of night, with the intention of injuring some of the boats.

"You would, drat you? Take that, then!" he howled, as he threw himself forward and lunged with the novel weapon he gripped.

The club almost whistled through the air, such was the power he put into his blow. When it came in contact with some object, there was a sound of startled surprise and alarm. Then the moving figure went toppling over to the floor.

Immediately following this came a great splash, as though the fellow Buster had struck might have gone through some sort of trap in the floor, allowing him to drop into the river.

His shout of alarm was muffled as he dipped under the water. At the same moment Bones Shadduck scrambled to his feet, spluttering out:

"What's all this smoke mean, Buster; is the blessed boathouse on fire?"


text: The Boys of Columbia High on the River/Chapter 9


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 CHAPTER X

A PLOT FRUSTRATED

" get busy here, Bones! Where's the buckets? Turn in the alarm!"

"Oh! they've gone and done it! The house is burning up! Our boats will all be lost!"

Buster himself was compelled to find the telephone, and clap the receiver to his ear as he shouted:

"Give me fire headquarters! This is the boat club house, and itsit's [sic] on fire! Be quick!"

No reply coming he was staggered with a sudden terrible suspicion.

"They've even gone and cut the wires, so we can't telephone for help. Here, take a bucket and pitch in, Bones! Perhaps we can keep it down till some of the boys come. And yell for all you're worth while you work!"

The two boys dashed out of the house. What they saw thrilled them, for one side of the fine building seemed to be a mass of flames, which were eagerly eating up toward the roof. Rh


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96 There was, fortunately, plenty of water close at hand. All they needed were the ready arms to pass the buckets. Both boys began to shout at the top of their voices:

"Fire! fire! help here!"

Another voice took up the refrain from a nearby house. Then a second joined in further off. The town was being slowly aroused; but meanwhile their feeble efforts did not seem to be holding the fire in check to any appreciable extent.

"Hark! there goes the alarm!" shrilled Buster, as the sudden clang of the fire bell awoke the echoes of the July night.

"Hurrah! we may save it yet! Here comes a feller on the jump!" gasped Bones, who had been making a human hinge of himself with constant dipping into the river, and then tossing the contents of his bucket on the furious flames.

There were now three of them, and the reinforcement counted heavily. The fire did not seem to gain so rapidly now. Eagerly Buster looked for the coming of others, who would lend willing hands. It was a thrilling moment in the lives of those two lads, fighting to save the highly-prized boats with which Columbia High expected to do herself proud on the coming day.

Others began to reach the scene. Everybody pitched in with a vim to do something. As many


text:
Providence New York Steam-Ship Company v. Hill Manufacturing Company/Dissent Field

FIELD, J., dissenting.

I am not able to agree with the court in its disposition of this case. As I construe the act of 1851 to limit the liability of ship-owners, the liability of the steam-ship company for the loss by fire of the goods of the plaintiff below, the Hill Manufacturing Company, rests upon the first section. In my judgment that section is not qualified nor in any respect affected by the rest of the act; nor is an action to recover for losses by fire, caused by the design or neglect of the owner of the vessels, controlled by proceedings taken by him to limit his liability for losses from other causes. The opinion of the court proceeds on the assumption that cases of loss and damage by fire are within the provisions of the third section of the act; it so states expressly. Yet this assumption necessarily involves the conclusion that a fire, caused by the design or neglect of the owner, may occur without his privity or knowledge; which appears to me to be nothing less than saying that contradictory and inconsistent terms may be appropriately applied to the same transaction. The object of the act was to change the rule of the common law as to the liability of the owners of vessels for losses and injuries to which they did not contribute, either designedly or by their neglect, but which were attributable entirely to the acts or omissions of their officers or employes. The common law placed a burdensome responsibility upon the owners for the acts or omissions of their agents or servants without their knowledge or assent; and to lighten this responsibility the statute in question was passed. It was not its purpose to limit the responsibility of the owners for the consequences of their own wrongful acts or omissions. The first section exempts them from all liability for loss or damage by fire of goods shipped on board their vessels, unless such fire is caused by their design or neglect. When the fire is thus caused the common-law rule of liability remains as before, and that extends to the whole value of the property, if entirely lost, or to the extent to which it may be damaged, if only partially destroyed. The concluding provision of the section is equivalent to a declaration that the exemption provided in the preceding part shall not exist when the fire originated from the wrongful acts or omissions of the owners. The third section prescribes a limited liability of the owners for losses from a great variety of acts. It does not exempt them from all liability, but restricts it in the cases mentioned to the value of the r interest in the vessels and freight then pending. It is as follows:

'That the liability of the owner or owners of any ship or     vessel for any embezzlement, loss, or destruction by the      master, officers, mariners, passengers, or any other person      or persons, of any property, goods, or merchandise shipped or      put on board such ship or vessel; or for any loss, damage, or      injury by collision; or for any act, matter, or thing, loss,      damage, or forfeiture done, occasioned, or incurred without      the privity or knowledge of such owner or owners,-shall in no      case exceed the amount or value of the interest of such owner      or owners respectively in such ship or vessel, and her      freight then pending.'

The fourth section refers to the acts mentioned in the third, and declares that if any such embezzlement, loss, or destruction shall be suffered by several freighters or owners of goods on the same voyage, and the whole value of the ship and freight shall not be sufficient to make compensation to each of them, they shall receive compensation from the owner in proportion to their respective losses; and for that purpose the freighters and owners of the property and the owner of the ship, or any of them, may take proceedings in any court for the purpose of apportioning the sum for which he may be liable among the parties thereto; and the owner may transfer his interest in the ship and freight, for the benefit of the claimants, to a trustee, to be appointed by any court of competent jurisdiction, to act as such for the persons entitled thereto, after which transfer all claims and proceedings against him shall cease.

It seems clear that the various cases of damages and losses enumerated in section 3 are not intended to embrace losses by fire. This section first speaks of the liability of the owner for embezzlement, loss, or destruction, by the master, officers, mariners, passengers, or other persons, of property shipped on board the vessel. It then speaks of his liability for any loss, damage, or injury by collision; and, lastly, for any loss by any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred without his privity or knowledge. It is conceded that the language of the first and second parts of the section does not include losses by fire, and the language of the concluding clause does not necessarily include them. It may be applied to other cases; and as losses by fire are specifically embraced by the first section, it must receive such application as will give to each section full force. This is a settled rule of construction. Besides, it cannot be contended that an act done by the design of the owner could have been done without his privity or knowledge. It must necessarily have been done with both; and if the fire was caused by the neglect of the owner it must be presumed to have been caused with his knowledge. Where one is bound to do a thing, or to see that certain things are done, he is presumed to know the direct consequence of his carelessness and neglect in those respects. Especially is this so where his doing the thing, or seeing that it is done, is necessary to the safety of life or property. He cannot shield himself from responsibility by saying that he did not know what would be the consequence of his carelessness and neglect. The law presumes that he does know it and intends it. The act speaks of neglect by the owner, not by any subordinate officer or agent. It is therefore personal neglect which is meant: and it would be unreasonable to hold that the owner was ignorant of that which necessarily followed from his own personal conduct. Not only would this be unreasonable, but there is an inconsistency in holding that the first section exempts the owner from all liability in cases of fire happening without his design or neglect, if by the third section a liability is fastened upon him to the extent of the value of the ship and freight in case of a fire occurring without his privity or knowledge. And yet, according to the position of the court the owner is exempted by the first section from all liability if a fire occur without his knowledge and privity, and by the third section is subjected to liability to the extent of the value of the ship.

As stated by counsel of the plaintiff below, there can be no public policy in absolving common carriers by water from their full liability to others for property which has been intrusted to their care, and has been lost by their design or neglect. It certainly would require language, as he observes, so clear and plain that no subtlety of criticism can escape from the conclusion, before such a purpose can be ascribed to congress. It would be establishing a limitation of liability against public policy, common right, and the universal feeling of justice. It would make the law one to protect wrong-doers, and to punish the innocent who had been injured by them while thus protected. If, then, the first section is not affected by the other sections of the act, the liability of the owner of a vessel, in case of fire caused by his design or neglect, exists, as it always has existed, at the common law; and that liability may be enforced in any court, state or federal, having jurisdiction of the parties. The other provisions by which the owner may seek to relieve himself from liability by surrendering his vessel and the freight earned, have no application to such a case. It follows that the defense of a liability limited, as asserted by the district court, goes to the ground.

There is also another consideration which leads to the same conclusion. By section 9 of the judiciary act of 1789, re-enacted in section 563, cl. 8, of the Revised Statutes, a common-law remedy is expressly reserved to suitors in all cases where the admiralty has jurisdiction, provided the common law also gives a remedy; and that the common law gives a remedy in cases of losses by fire, where goods are intrusted to common carriers by water, there can be no doubt. Of such common-law remedy the state courts have exclusive jurisdiction when the parties are citizens of the same state, and concurrent jurisdiction with the federal courts when parties are citizens of different states. The state court, therefore, had jurisdiction of this case. It is a suit in personam, and even if a federal court might also take jurisdiction, that of the state court, having first attached, could not be subsequently defeated. Wallace v. McConnell, 13 Pet. 136; Taylor v. Carryl, 20 How. 583; Mallett v. Dexter, 1 Curt. 178. The federal court could not issue an injunction against the parties which would affect the jurisdiction of the state court. The act of congress of 1793 forbids any injunction from a federal court to restrain the prosecution of a suit in a state court; and this act has never been repealed, either expressly or by implication, except as to proceedings in bankruptcy. Rev. St. § 720; Peck v. Jenness, 7 How. 625; Taylor v. Carryl, supra; McKim v. Voorhies, 7 Cranch, 279; Diggs v. Wolcott, 4 Cranch, 179; Watson v. Jones, 13 Wall. 679; Haines v. Carpenter, 91 U.S. 254; Dial v. Reynolds, 96 U.S. 340.

For these reasons, I am of opinion that the judgment of the state court should be affirmed, and I am authorized to say that Mr. Justice GRAY concurs with me in this conclusion.


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Rh buckets as could be pressed into service were put to work. Some of the boys even made their way into the building to snatch the boats out.

"Take care, there's a hole in the middle of the floor!" shouted Buster.

Three fellows found it immediately, and were plunged into the water, to add to the confusion by their cries of terror.

"Here comes the machine!" arose the shout; and the fire engine horses appeared in view, galloping toward the scene of confusion.

Fully five score of persons were now on the ground, and willing hands took hold to put out the fire. Water was being dashed on the side of the building from all sorts of available utensils, even to a dishpan borrowed from the back door of a neighboring house.

Buster had rushed into the building as soon as he heard the shrieks of the trio who had gone down into the river. There was no great trouble in fishing the unlucky ones out of their bathtub.

Once the engine started to play upon the flames, the firemen made short work of things. Lanterns were brought into service, to ascertain just how much damage had been done.

"Are the boats injured?" boys flung at each other, as they crowded into the building; for that seemed


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98 to be the one thing that concerned every Columbia High School student just then.

"Not a bit. The flames never ate through the walls. They were made especiallly to guard against fire. It's all right, fellows!" came a reassuring answer; and as Roderic Seymour was the one who spoke, the word of the senior carried weight.

At that a cheer went up, three times three! The dreadful suspense had been relieved, and light replaced gloom.

"How did it happen. Was it an accident, or did some fellow set it afire on purpose; we want to know?" they continued to demand.

"Where's Buster? He ought to be able to tell us. Make him speak!"

Poor Buster was feeling very limp just then, what with his tremendous labors, added to the excitement. Still, he was game to answer that call.

"I'm here, fellows. You can just make up your minds this was no accident. I know, because I knocked one of the scoundrels into that hole in the floor with this fine old stuffed club!" he declared, as they dragged him forward.

"How did he get in?" demanded Paul Bird.

"Through a window; I found it open when the alarm went off and woke me up."

"Woke you up, eh? What made you sleep if you were going to watch?" asked one, and Buster glared


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Rh at the speaker, for it was Lef Seller, looking as brazen as ever.

Buster had fully believed that it had been Lef whom he had knocked down; but now he realized that this must be a mistake.

"Come off, will you? What would we want to both sit up for? It was my turn to get a couple of hours' sleep. Bones can tell you himself what he was doing. But I knocked the feller into the trap, and he went souse into the river," he declared, with more or less vehemence.

"Perhaps he's in there yet!" suggested some one.

"Well, you better take a lantern and look; but I don't think you'll find him. He's had plenty of time to crawl out and skip. I wish I knew who he was!" and Buster glared in the direction of Lef as he spoke.

Other eyes followed his meaning look, so that Lef could not help taking notice of the fact.

"Here, what you looking at me that way for? Think I'd be mean enough to be in a game like this? Feel my clothes if you want to; ain't a bit wet, eh? Well, just go and chase yourself, Billings. I was home and sleeping when I heard the bell go bang. I run here like mad, and I've helped as well as the next feller. Get that, do you? Then look the other way!" said Lef angrily.


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100 "More than likely it was some fellows from Clifford," remarked a voice.

"Hello! Frank, that you? Wondered why you didn't show up before," cried Paul.

Frank was keeping watch of Lef. He felt sure that he had seen a shade of bitter disappointment cross the face of the other.

"He's the one who put those benches across our walk. He wanted to trip me up if I dashed out in a hurry, and perhaps hurt myself badly. But how did Lef know there would be an alarm? Is he responsible for this nasty job here?"

That was what Frank was saying to himself. It was an unpleasant thought, and he did not want to believe it. Lef had been guilty of many mad pranks, but it did not seem possible that he would let his private grudge against a schoolmate urge him on to such a criminal deed as this burning of the boat-house.

And so Frank was sincere when he declared that he firmly believed some outsiders who were interested in heavy wagers made against Columbia winning the boat races, were responsible for the outrage.

Still, the fact of Lef arranging that trap before the door of the Allen house puzzled him. Why should the other have any idea that there might be


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Rh an alarm during the night, that would bring Frank from his home in great haste?

Only by the greatest of luck had Frank escaped serious injury when he plunged headlong over the obstruction. Several slight contusions on his shoulder and shins were apt to remind him of his adventure for some little time to come.

A seething crowd had gathered around by this time. Excited voices arose on every hand, commenting bitterly on the contemptible nature of the recent attempt to keep Columbia out of the races.

"This shows that they're afraid of us!" exclaimed one boy, angrily.

"Hold on, Cart, don't go to accusing the boys of Clifford or Bellport High for such a low-down trick as this," said Frank, quickly.

"What! don't you think they did it, Frank?" queried the other, in astonishment.

"I do not. I know most of the fellows in their athletic associations, and they're not the kind to crawl down to anything like this. If it wasn't done by some Columbia reptiles then you can lay it to that element always making wagers on our games. This ought to settle them with all good citizens," replied Frank.

"It sure will. The sooner we're rid of that gang the better all around. To win money they'd even try to bribe some poor chap to throw a game. Here's


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102 Chief Hogg come to ask questions, and make an investigation. Buster, toe the mark, and tell him everything."

It was deemed advisable to put a police guard over the building after that, and there were some who declared such a thing should have been done in the beginning.

Buster and Bones were allowed a chance to go home in order to secure some sleep. On the way the former gave his private opinion of a fellow who would keep such a lax watch that a window could be opened, and an intruder prowl about the premises without discovery until the sudden alarm of the clock startled him.

"Don't think I was off more than a minute," grumbled Bones, in self defense; "and even if we'd been awake it wouldn't have stopped them from piling up that stuff on the outside, and setting fire to it. You just keep mum on that subject, Buster. I did the best I could to help you out, because I knew you was afraid to stay there alone, after reading all them ghost stories."

Buster wisely decided that perhaps it would be best to let the matter drop, especially since after all no great damage had been done, as none of the boats were injured in the least.

"I wish I knew who that fellow was I knocked into that hole?" remarked Buster, for the tenth


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Rh time, as they walked toward home at three o'clock in the morning.

"You never will. He slipped away in the crowd. But what was he doing inside the boathouse while the others were building that fire outside?" queried Bones.

"I was thinking that perhaps he wanted to make sure nobody was inside. It was bad enough to burn the boats; but they didn't want to hurt some of us fellows. But anyhow, I soaked him a good one, and that tickles me some!" laughed Buster.


text: The Boys of Columbia High on the River/Chapter 10


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 CHAPTER XI

THE WINNING OF BUSTER

" hi! hi! hi! veni! vidi! vici! Columbia!"

Herman Hooker was drilling his shouters up on the river bank, and their concerted voices came in waves of sound to the hundreds who were thronging about the boathouse of the young athletes.

Under the direction of Chief Hogg a rope barrier had been stretched so as to keep the curious throng at a certain distance. Far and near had the news gone in connection with the attempted burning of the building. Visitors from Clifford and Bellport were just as vigorous in their denunciation of the outrage as the citizens of Columbia.

"This sort of thing has got to be stopped, or else sport will be killed in this section!" declared one leading man from the town up the river.

Frank Allen heard it, and felt satisfied that a movement would soon be inaugurated that must prevent the making of open wagers on any sort of school sport. Rh


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 by a succession of kings who had not in any age their equals, and seconded by officers and soldiers who, for discipline, courage, love to their country, and affection to their sovereign were, perhaps, superior to any troops, or any set of individuals, that, as far as we can judge from history, have ever yet appeared in the world.

was not now a time for a woman to reign, nor which was the same thing, to place a child upon the throne. The empress Helena saw this distinctly; but her ambition made her prefer the love of reigning to the visible necessities and welfare of her country. She knew the progress and extent of the Portuguese power in India; and saw plainly there was no prospect, but in their assistance, at once to save both Abyssinia and Adel.

, sent thither as ambassador by John, king of Portugal, had, for two reigns, been detained in Abyssinia, with a constant refusal of leave to return. He was, now become an object of curiosity rather than use. However, except his liberty, he had wanted nothing. The empress had married him nobly in the country; had given him large appointments, both as to profit and dignity. She now began to be sensible of the consequence of having with her a man of his abilities, who could open to her the method of corresponding effectually both with India and Portugal in their own language, to which, as well as to the persons to whom her letters were to be addressed, she was then an utter stranger. had about her court an Armenian merchant named Matthew, a person of great trust and discretion, who had


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Rh "Perhaps after all this last affair may turn out a good thing," he remarked to Roderic Seymour, who stood near him, clad in his scant rowing costume, consisting of a sleeveless tunic, a pair of short trousers coming above the knee, and a pair of low shoes with rubber soles.

"So I was thinking. But it was a mean game, and I'd hate to be in the shoes of the fellow who tried it, if the boys ever caught him," returned Roderic.

"They'd like to tar and feather him. I've heard some ferocious threats passed around. But unfortunately we haven't a bit of evidence to connect any one with it," Frank remarked.

"How about Buster—didn't he see enough of the fellow in the house before he smacked him, to tell what he was like?" asked Seymour.

"He says not. It was nearly dark, remember. And then besides, Buster had just been roused out of a sound sleep, and you couldn't expect that he would be able to see much under such circumstances," replied Frank, who was looking around as if in search of some one.

"Miss anybody?" queried Semour, anxiously.

"Why, yes, I haven't seen Lanky around since he first came down this morning. Have you noticed him?" asked Frank, in return.

"The last time I remember seeing him he was


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106 poking among the several power boats below there—the ones that are going to run in the race, you know. He seemed mighty interested in those boats. Thinking of getting his dad to invest in one, do you know, Frank?"

The other smiled broadly and nodded his head.

"I understand what's on his mind. You know Lanky is the most stubborn chap in Columbia. When he wants to do a thing, nothing is going to keep him out. More than that I don't care to say just now. He knows what he's doing, I reckon."

"Say, did you ever see such a glorious sight as the Harrapin river seems to be just now. Look at the boats moving every way, and the banks just crammed with excited people. This is the greatest Fourth ever known," remarked Seymour, his eyes kindling with pleasure.

"I only hope that when the sun goes down the boys of Columbia High will have cause to set that monster bonfire burning. Hear 'em shout! Isn't that inspiring music, though? We've just got to win that eight-oared race, Rod!" exclaimed Frank, with his set jaws denoting determination and grit beyond the ordinary.

"And I'd say we would do it without a doubt, only for one thing," responded the other, lowering his voice cautiously.

"Jonsey?" went on Frank, solicitously. "I'm


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Rh afraid of him. He is heart and soul in the game, and would pull his heart out to come in ahead of the other two boats; but gameness alone isn't everything. The excitement will be too much for him. If there had been time I'd have tried out Ginger Harper to take his place."

"It's a pity you didn't, that's all. But Jonsey can pull like a fiend, and let's hope he lasts through. Once we're up around the head of the island it will come easier on us all. Still, he seems to be the weak link in the chain."

Others coming around just then, the confidential conversation was brought to an end. Already some of the minor races were being engineered, for the length of the programme necessitated an early start. Other interesting things had been scheduled for that afternoon, and it was intended to finish all the river events before noon.

Half a dozen entered for the canoe races, which were fiercely contested. When a Clifford lad managed, by dint of clever work, to bring his little craft to the stake first, and was declared winner, the shouts of his friends told that there must have been a general exodus of Clifford people to Columbia on this wonderful Fourth.

After that came the laughable tub race. There were just four contestants in this race, all of them apparently spry chaps but Buster. Because of his


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108 bulk he was considered fit sport for all the strangers.

"Look at the sportive elephant!" shouted one fellow who wore the Clifford ribbon on his straw hat.

"'Taint fair," shouted another, this time from Bellport; "we've only entered one to a tub and Columbia has rolled three in one."

"Watch out for that feller! He's Buster Billings, and they say he can paddle a wash tub like fun! It comes natural, because his daddy runs the only laundry in town!"

"What"s the course?" demanded a stranger.

"Across the river and back. Got to fight the current too. It's no cinch, boys. I tried it once, and kept turning around all the time. There they go! Hurrah!"

With the crack of the pistol the four contestants began to paddle frantically, amid a howling chorus of encouragement. The excitement grew in volume as it was seen that the paddlers appeared to keep pretty well together.

They splashed water upon one another, and each did everything possible to further his own progress at the expense of the rest.

Men, women and young people were shouting until the tears came. But the four occupants of the revolving tubs seemed to be in deadly earnest. They watched each other jealously. If one seemed


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 to excite the people of that province to rebel and join Julius, whose arrival he daily expected, that, together, they might fight Sela Christos. But the rashness of Julius, and the march of Sela Christos to the king's assistance, had very much disconcerted their whole scheme.

Af Christos, who commanded in Gojam after the departure of Ras Sela Christos, sent to Melca Amba, "reproaching Emana Christos with seditious practices; upbraiding him with the unnatural part he acted, being a brother-german to Sela Christos, and brother to Socinios by the fame mother, while Julius was married to his daughter, and had constantly enjoyed the great places of the empire. He asked him, What they could be more? Kings they could not be, neither he nor Julius. Ras, the next place in the empire, they both had enjoyed; and, if the king had taken that office lately from Emana Christos, he had not given it to a stranger, but to his brother Sela Christos, who, it was but fair, should have his turn; and that the importance of his family was not the less increased by it. Lastly, he represented the danger he ran, if Julius made his peace, of falling a sacrifice as the adviser of the rebellion."

Emana Christos answered, "That though he rebelled with Julius, and at the same time, yet it was not as a follower of Julius, nor against the king; but that he took up arms in defence of the ancient faith of his country, which was now, without reason, trodden under foot in favour of a religion, which was a false one if they understood it, and an useless one if they did not. He said he was satisfied of his own danger; but neither his connection with the king, nor his being related to Sela Christos, could weigh with him


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Rh to be getting a little advantage the other three turned upon him as the common enemy.

When half way over one fellow made a misplay with his paddle. Losing his balance he lurched out of his novel craft with a tremendous splash, at which the shouts of the spectators swelled into even greater volume.

This left just three in the race. The fellow in the river was trying hard to climb into his tub again, but the task was too much for him, and he found himself being quickly distanced in the race.

The antics of the competing tubs were astonishing. There were times when one of them would get to spinning around, and it took all the muscular efforts of the navigator to bring order of chaos.

Meanhile the other two would have gained something of a lead, so that the fellow left behind must needs paddle with tremendous zeal to catch up.

Near the other shore a stake showed where the return journey must be begun; and heading toward this the three tub champions kept up their energetic work.

Buster rounded the stake first. There was a grin on his face as if he anticipated an easy victory now. He immediately increased his lead until he had placed considerable distance between himself and his rivals.

Then he unfortunately turned his head to look


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110 back. Buster should have known better. It is always a dangerous thing to do, whether when fleeing from a burning city or trying to win a boat race.

Lot's wife was turned into a pillar of salt from looking back; but Buster simply rolled gracefully out of his tub into the Harrapin river.

"It's all over with Buster!" shouted some of those who had been enthusiastically applauding his fine work; while the adherents of the other two started in once more to shout their hopes.

"Wait and see what he does," suggested another, who had been watching the practice work of the fat boy recently.

Buster pulled himself together. He seemed to gauge the capacity of his tub for bearing up his weight, for he slid himself over the edge with a precision gained from long practice.

"He's in!" whooped a delighted fan.

"No, he's out!" echoed another, as Buster, having acquired too much momentum took a header over the further side of his round and awkward craft, once more bringing up with a splash in the water.

Meanwhile his competitors were striving madly to cover up the space separating them from the one in advance. They were coming on with considerable confidence and speed, trying to avoid the calamity that had apparently overtaken Buster.

"There he goes at it again. Mount him, Buster;


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Rh hold his mane and climb on! Don't let a bucking broncho do you, old fellow! Now you've got him! Whoa! don't slide off the other side of the saddle, boy! Whoop! he's done it, fellows."

Once more Buster was securely settled in his tub, having accomplished a feat seldom successfully engineered by contestants in a tub race. Again he set a pace for the goal, and this time he absolutely refused to look back, no matter how the crowd shouted to him to take just one peep.

Consequently Buster came in an easy winner, for the other two, finding themselves hopelessly beaten, started to striving with each other as if to see which could upset the other out of his wabbly craft.

Frank gave a sigh of relief. His sense of satisfaction had nothing to do with the victory of Buster Billings, however. It was occasioned by seeing Lanky come up the bank, and noting the look of triumph on his lean face.

"What have you been doing, Lanky?" he managed to ask, as the other passed by.

Lanky shut one eye and looked very knowing as he bent forward to whisper the suggestive words:

"Green paint!" and nod his head violently several times.


text: The Boys of Columbia High on the River/Chapter 11


text: User talk:180.95.16.12

title: User talk:180.95.16.12


text:
State of Louisiana Folsom v. Mayor of the City of New Orleans/Concurrence Bradley

BRADLEY, J.

I concur in the judgment in this case on the special ground that remedies against municipal bodies, for damages caused by mobs, or other violators of law, unconnected with the municipal government, are purely matters of legislative policy, depending on positive law, which may at any time be repealed or modified, either before or after the damage has occurred, and the repeal of which causes the remedy to cease. In giving or withholding remedies of this kind, it is simply a question whether the public shall or shall not indemnify those who sustain losses from the unlawful acts or combinations of individuals; and whether it shall or shall not do so is a matter of legislative discretion; just as it is whether the public shall or shall not indemnify those who suffer losses at the hands of a public enemy, or from intestine commotions or rebellion; and, as the judgments in the present case were founded upon a law giving this kind of remedy, I agree with the court that any restraint of taxation which may affect the means of enforcing them is within the constitutional power of the legislature. Until the claim is reduced to possession, it is subject to legislative regulation. But an ordinary judgment of damages for a tort, rendered against the person committing it, in favor of the person injured, stands upon a very different footing. Such a judgment is founded upon an absolute right, and is as much an article of property as anything else that a party owns; and the legislature can no more violate it without due process of law than it can any other property. To abrogate the remedy for enforcing it, and to give no other adequate remedy in its stead, is to deprive the owner of his property within the meaning of the fourteenth amendment. The remedy for enforcing a judgment is the life of the judgment, just as much as the remedy for enforcing a contract is the life of the contract. While the original constitution protected only contracts from being impaired by state laws, the fourteenth amendment protects every species of property alike, except such as in its nature and origin is subject to legislative control. Hence, I regard it important clearly to distinguish between this kind of judgment now under consideration and other judgments, for claims based upon the absolute right of the party.


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State of Louisiana Folsom v. Mayor of the City of New Orleans/Dissent Harlan

HARLAN, J., dissenting.

By the constitution of Louisiana adopted in 1879, and which went into effect January 1, 1880, it is declared that 'no parish or municipal tax for all purposes whatever shall exceed ten mills on the dollar of valuation.'

The judgments held by plaintiffs in error against the city of New Orleans were rendered and became final long before the adoption of that constitutional provision. At the time of their rendition, the law forbade execution against the defendant, but the city had the power, and was under a duty, which the courts could compel it to discharge, to include in its budget or annual estimate for contingent expenses a sum sufficient to pay these judgments. At that time, also, the rate of taxation prescribed by law was ample to enable the city to meet all such obligations. But if the limitation upon taxation imposed by the state constitution be applied to the judgments in question, then it is conceded the city cannot raise more money than will be required to meet the ordinary and necessary expenses of municipal administration. Consequently, under the limit of 10 mills on the dollar of valuation, the judgments of plaintiffs become as valueless as they would be had the state constitution in terms forbidden the city from paying them.

1. Are the judgments in the question contracts? This question is answered by the Court of Appeals of New York, speaking by Woodruff, J., in Taylor v. Root, 4 Keyes, 344. It is there said:

"Contracts are of three kinds: Simple contracts, contracts by specialty, and contracts of record. A judgment is a contract of the highest nature known to the law ... The cause or consideration of the judgment is of no possible importance; that is merged in the judgment. When recovered, the judgment stands as a conclusive declaration that the plaintiff therein is entitled to the sum of money recovered. No matter what may have been the original cause of action, the judgment forever settles the plaintiff's claim and the defendant's assent thereto; this assent may have been reluctant, but in law it is an assent, and the defendant is estopped by the judgment to dissent. Forever thereafter, any claim on the judgment is setting up a cause of action on contract."

Blackstone says that "when any specific sum is adjudged to be due from the defendant to the plaintiff on an action or suit at law, this is a contract of the highest nature, being established by the sentence of a court of judicature." 3 Bl. 465. Chitty enumerates judgments among contracts or obligations of record, and observes that they "are of superior force, because they have been promulgated by, or are founded upon, the authority and have received the sanction of, a court of record." Chitty on Contracts, 3. An action in form ex contractu will lie on a judgment of a court of record, because the law implies a contract to pay it from the fact of there being a legal obligation to do so, "although," says Chitty, "the transaction in its origin was totally unconnected with contract, and there has been no promise in fact." Id. 87.

It seems to me that these judgments are contracts, within any reasonable interpretation of the contract clause of the national Constitution. It can hardly be that the framers of that instrument attached less consequence to contracts of record than to simple contracts. If this view be correct, then the withdrawal from the city of New Orleans of the authority which it possessed when they were rendered, to levy taxes sufficient for their payment, impaired the obligation of the contracts evidenced by those judgments.

2. But if this view be erroneous, it seems quite clear that the state constitution of 1879 cannot be applied to these judgments without bringing it into conflict with that provision of the national constitution which declares that no state shall deprive any person of property without due process of law. That these judgments are property within the meaning of the constitution cannot, it seems to me, be doubted. They are none the less property because the original cause of action did not arise out of contract in the literal meaning of that word, but rests upon a statute making municipal corporations liable for property destroyed by a mob. If a judgment giving damages for such a tort is not a contract within the meaning of the contract clause of the constitution, it is, nevertheless, property, of which the owner may not be deprived without due process of law. Its value as property depends in every legal sense upon the remedies which the law gives to enforce its collection. To withhold from the citizen who has a judgment for money the judicial means of enforcing its collection-or, what is, in effect, the same thing, to withdraw from the judgment debtor, a municipal corporation, the authority to levy taxes for its payment is to destroy the value of the judgment as property.

In Pumpelly v. Green Bay Co. 13 Wall. 166, this court had occasion to consider the meaning of that provision in the constitutions of the several states which forbids private property from being taken for public purposes without just compensation therefor. Under the authority of statutes of Wisconsin certain dams were constructed across a public navigable stream of that state. The dams so constructed caused the waters to overflow the land of a citizen, resulting in the almost complete destruction of its value. The argument was there made that the land was not taken within the meaning of the constitution, and that the damage was only the consequential result of such use of a navigable stream as the government had a right to make for the purposes of navigation. But, touching that suggestion, this court said:

'It would be a very curious and unsatisfactory result if, in     construing a provision of constitutional law, always      understood to have been adopted for protection and security      to the rights of the individual as against the government,      and which has received the commendation of jurists,      statesmen, and commentators, as placing the just principles      of the common law on that subject beyond the power of      ordinary legislation to change or control them, it shall be      held that if the government refrains from the absolute      conversion of real property to the uses of the public it can      destroy its value entirely, can inflict irreparable and      permanent injury to any extent, can, in effect, subject it to      total destruction without making any compensation, because,      in the narrowest sense of that word, it is not taken for the      public use. Such a construction would pervert the     constitutional provision into a restriction upon the rights      of the citizen, as those rights stood at the common law,      instead of the government, and make it an authority for      invasion of private rights under the pretext of the public good, which      had no warrant in the laws or practice of our ancestors.'

These principles of constitutional construction have an important bearing upon the present case. If the property of the citizen is 'taken,' within the meaning of the constitution, when its value is destroyed or permanently impaired through the act of the government, or by the act of others under the sanction or authority of the government, it would seem that the citizen, holding a judgment for money against a municipal corporation, which judgment is capable of enforcement by judicial proceedings at the time of its rendition,-is deprived of his property without due process of law, if the state, by a subsequent law, so reduces the rate of taxation as to make it impossible for the corporation to satisfy such judgment. Since the value of the judgment, as property, depends necessarily upon the remedies given for its enforcement, the withdrawal of all remedies for its enforcement, and compelling the owner to rely exclusively upon the generosity of the judgment debtor, is, I submit, to deprive the owner of his property.

But it is said that the plaintiffs are not deprived of their judgments, so long as they continue to be existing liabilities against the city. My answer is, that such liability upon the part of the city is of no consequence, unless, when payment is refused, it can be enforced by legal proceedings. A money judgment which cannot be collected is of as little value as Pumpelly's farm was, when covered by water to such an extent that it could not be used for any of the purposes for which land is desired.

It is also said by my brethren that plaintiffs are not deprived of their property in these judgments because at the time they are unable to collect them. No state shall 'deprive any person of life, liberty, or property without due process of law,' is the mandate of the constitution. Could a state law depriving a person of his liberty be sustained upon the ground that such deprivation was only for a time? Pumpelly's land was adjudged to have been taken within the meaning of the constitution, although it was possible that, at some future time, the dams constructed under the authority of the state might be abandoned, or might give way, causing the waters to retire within their original limits, and thereby enabling the owner to reoccupy his farm. It is barely possible that the people of Louisiana may, at some future period in their history, amend her constitution, so as to permit the city of New Orleans to levy taxes sufficient to meet its indebtedness, as established by the judicial tribunals of that state. But such a possibility cannot properly be recognized as an element in the legal inquiry whether the state may so reduce the rate of taxation, by one of its municipal corporations, as to deprive it altogether of the power to pay valid judgments against it, which, at the time of their rendition, and under the rate of taxation which then obtained, were collectible through judicial proceedings. It is further said that these judgments may also, 'perhaps,' be used by the relators or their assignees as offsets to demands of the city. My answer is, that the city may never have such demands. The possibility that it may have, ought not to control the determination of this case, involving, I submit, a present deprivation of property without due process of law.

In this case, before the adoption of the constitution of 1879-80, before even the convention that framed it met, the plaintiffs had obtained, in the inferior state court, a final order, in a mandamus suit, requiring the city of New Orleans to include in its next budget or statement of liabilities (and in succeeding budgets, until they were paid) the amounts of existing judgments against it, including those held by plaintiffs, and to levy a tax to the extent of $1.75 on every $100 of valuation to meet them. This judgment, in the mandamus suit, was in accordance with the law of the state as it then was. Plaintiffs, by the application of the constitutional limitation upon municipal taxation, adopted after rendition of judgment in the mandamus suit, is thus deprived not only of the benefit of that judgment, but of all power to enforce the collection of the original judgments, in the only way they can be enforced, or be made of any value. If this be not a deprivation of property without due process of law, it is, I think, difficult to conceive of a case involving such a deprivation.

For these reasons, I feel constrained to dissent from the judgment.