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Quanto si gode, lieta e ben contesta Di fior, sopra crin d' or d' una, grillanda, Che r altro inanzi l' uno all' altro'manda, Chome ch' il primo sia a baciar la testa! Contenta è tucto il giorno quella vesta Che serra 'l pecto e poi par che si spanda, E quel c' oro filato si domanda Le guanci' e 'l collo di tochar non resta. Ma piu lieto quel nastro par che goda, Dorato im punta, con si facte tempre, Che preme e tocha il pecto, che gli allaccia. E la schiecta cintura, che s'annoda, Mi par dir seco: qui vo' stringier sempre.— Or che farebon dunche le mie braccia ! ("Poems," vii.)

Quando un di sto, che veder non ti posso, Non posso trovar pace in luogo ignuno; Se po' ti veggo, mi s'appicca adosso, Come suole il mangiar fa al digiuno.

Com' altri il ventre di votar si muore, Ch' è piu 'l conforto, po' che pri' è 'l dolore.

S' avien che la mi rida pure um poco O mi saluti in mezzo della via, Mi levo come polvere dal foco O di bombarda o d' altra artiglieria. Se mi domanda, subito m' affioco,


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 Until the Freight Association case it had generally been conceded that, as stated by Mr. Justice Jackson, In re Greene, 52 Fed. (1892), "when Congress * * * adopts or creates common law offences, the court may properly look to that body of jurisprudence for the true meaning and definition of such crimes, if they are not clearly defined in the act creating them. * * * The act does not undertake to define what constitutes a contract, combination or conspiracy in restraint of trade, and recourse must, therefore, be had to the common law for the proper definition of these general terms, and to ascertain whether the acts charged come within the statute;" or, as Chief Justice Fuller more succinctly said in the Knight case: "It was in the light of well settled principles that the Act of July 2, 1890, was framed." This conclusion is fortified by the many authorities cited in the opinion of the Court of Appeals in the Freight Association case. In the last-named case, a combining and conspiring body of railroads, asserting that what they did was legal at common law, invoked this principle in the Court of Appeals, and, succeeding in convincing that court that their view of the common law was correct, won their case. On appeal, therefore, it was open to the Supreme Court to reverse, either because the common law did include the offense complained of, or because the statute exceeded the common law; and, as it was convinced that, in any event, the purpose of the Act had been invaded, it selected the simpler course

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 of "assuming" that the common law did not include the offence, but that, even so, the statute did. And so originated a doctrine that bas caused much discussion and some difficulties—to be later mentioned.

The Supreme Court, after referring to Mogul vs. McGregor et al., cited by the courts below as holding that contracts in reasonable restraint of trade were legal at common law, continues: "But, assuming that agreements of this nature are not void at common law, and that the various cases cited by the learned courts below show it, the answer to the statement of their validity now is to be found in the terms of the statute under consideration." And this language is again quoted in Loewe vs. Lawlor. This assumption, once made, has been, since, continued as fully serving the purpose; but as it has resulted in making the law self-contradictory in other cases, and introduced difficulty and confusion, it is of great importance to inquire whether it was well founded—an inquiry still open if I be right—and thus to ascertain whether the common law has not already solved the difficulties thus arising.

Let us, then, inquire whether the common law did not also make every contract, combination and conspiracy in restraint of trade unlawful?

The true distinction lies in the difference between restraining trade and restraining men from engaging in trade. This is often lost sight of, but it is none the less a real and substantial distinction.

The law, unquestionably, protected the liberty of citizen or subject to engage in trade from wrongful


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 molestation; but it did not protect it absolutely. It might always, for example, from the earliest times, be made valueless by an exercise of a like liberty by others—that is, by competition.

But it was protected from all unlawful attack, absolutely. It was only thus protected as part of the liberty of the citizen, and the liberty to make a binding contract might be equally important. There was, therefore, an inherent and inevitable conflict between these two phases of man's liberty: the liberty to bind himself, that is, to contract, and the liberty to remain unbound —the right to contract pro tanto and of necessity destroying the other right. This balance being even—liberty against liberty—public policy had to control the issue; and trade, being of vital interest to the public, the contractor was permitted to choose his freedom to contract wherever such choice advanced trade. That is the whole doctrine of "reasonable restraints," if the best considered cases are looked to. In other words, if the contract were fair and reasonable, and beneficial to the public—that is, in advancement of an enlarged trade—it was "reasonable" to permit a liberty of contract which, if denied, would tend to diminish trade. "Reasonable" restraints of trade, therefore, were not in reality, restraints upon trade at all, but only such voluntary restraints upon traders as advanced trade; and it was chiefly because they advanced trade that they were permitted. While the law was tender of the rights of the individual, and protected them in trade, its chief end and aim was totality—trade in gross, the trade of the nation or realm; and of that it was jealous to the extreme.


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 Sir F. Pollock (citing Leather Cloth Co. vs. Lorsont ) says: "The admission of limited restrictions is commonly spoken of as an exception to the general policy of the law. But it seems better to regard it rather as another branch of it. Restriction which is reasonable * * * is allowed by the very same policy that forbids restrictions generally, and for like reasons."

Again, in Rannie vs. Irvine, Maule, J., says with fine succinctness: "The exception is in furtherance of the rule."

In Homer vs. Ashford, Best, C. J., says: "The first object of the law is to promote the public interest; the second to preserve the rights of individuals;" and then, after denouncing restraints of trade, he again gives the true reason for allowing "partial" or "reasonable" restraints of it: "The effect of such contracts is to encourage rather than cramp."

Again, in the leading case of Mallan vs. May, unanimously approved by eight judges in the Exchequer Chamber in Price vs. Greene, Baron Parke, whose explanations are always so clear, says: "The rule * * * is, that total restraints of trade, which the law so favors, are absolutely bad, and that all restraints, though only partial, if nothing more appear, are presumed to be bad. * * * Contracts in restraint of trade are in themselves, if nothing show them to be reasonable, bad in the eye of the law. * * * But if there are circumstances recited in the instrument (or, probably, if they appear by averment)


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 it is for the court to determine whether the contract be a fair and reasonable one or not; and the test appears to be, whether it be prejudicial or not to the public interest; for it is on grounds of public policy alone that these contracts are supported or avoided. * * * It is justly observed by Lord Wynford that the effect of those contracts" (those allowed) "is to encourage rather than cramp the employment of capital in trade, and the promotion of industry." And, finally, Lord Macnaghten, speaking in the House of Lords and so settling the law of England, says in Nordenfelt vs. Maxim: "The public have an interest in every person carrying on his trade freely; so has the individual. All interference with individual liberty of action, in trading, and all restraints of trade of themselves, if there is nothing more, are contrary to public policy, and, therefore, void. That is the general rule. But, there are exceptions. * * * It is a sufficient justification and, indeed, it is the only justification, if the restriction is reasonable—reasonable, that is, in reference to the interests of the parties concerned, and reasonable in reference to the interests of the public—so framed and so guarded as to afford adequate protection to the party in whose interest it is imposed, while, at the same time, it is in no way injurious to the public." Finally, in the Addyston case: "The inhibition against restraints of trade at common law seems, at first, to have had no exceptions. * * * After a time it became apparent to the people and the courts that it was in the interest of trade that certain covenants in restraint should be enforced. It was of importance, as an incentive to industry and honest dealing in trade."


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Author:Charles Thomas John Hiatt

Works

 * Picture Posters
 * Ellen Terry and her impersonations
 * Henry Irving: a record and review
 * The cathedral church of Chester

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 The short syntactical lexicon (IIερὶ Συντάξεως) published in Bekker's Anecdota Graeca (vol. i. pp. 117-180) contains nearly 140 brief citations from Dio, nearly all of which are assigned to their several books, though unfortunately many of the numbers have been corrupted. On the basis of these citations, compared with the epitomes, von Gutschmid and Boissevain independently attempted to determine the points of division between the lost books of Dio, and reached essentially the same results. Yet in several places the evidence is insufficient to constitute more than a reasonable probability.

The lexicon of Suidas, the Etymologicum Magnum, and a few other compilations of like character are also useful in affording occasional citations from Dio, often by book-number.

(2) Zonaras was private secretary to the emperor Alexis I. Comnenus in the early part of the twelfth century; later he retired to a monastery on Mt. Athos and devoted himself to literary labours. Among various works which he left is his Ἐπιτομὴ Ἱστοριῶν, a history of the world, in eighteen books, extending from the creation down to the death of Alexis in 1118. It has been satisfactorily shown that for Books VII-IX, in which Roman history is carried down from the landing of Aeneas to 146 B.C., his chief source was Dio, supplemented by Plutarch and


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 a couple of quotations from Herodotus. We are justified, therefore, in recognizing as an epitome of Dio whatever remains after the exclusion of the portions that are derivable from the other two sources. After narrating the destruction of Corinth Zonaras laments that he could find no ancient authorities for the remainder of the republican period; hence it is inferred that Books XXII-XXXV had even then been lost from all the Mss. He resumes his narration with the time of Sulla, and after relying on various lives of Plutarch for a time, finally follows Dio's account once more, beginning with Book XLIV, 3; but for the period subsequent to Domitian's death he used Dio only indirectly, through the epitome of Xiphilinus. Zonaras is therefore of great importance for Books I-XXI, and to a lesser degree for Books XLIV-LXVII, where he occasionally supplements our Mss. of Dio or the epitome of Xiphilinus. There are numerous Mss. of Zonaras, five of which are cited by Boissevain; but for the present edition it has seemed sufficient merely to indicate such readings as have the support of no Ms.

For Books LXI-LXXX our chief authority is Xiphilinus, a monk of Constantinople, who made an abridgment of Books XXXVI-LXXX at the request of the emperor Michael VII. Ducas (1071-78). Even in his time Books LXX and LXXI (Boissevain's division), containing the reign of Antoninus Pius


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 The Editor of can in no case hold himself responsible for unsolicited manuscripts; when, however, they are accompanied by stamped addressed envelopes, every effort will be made to secure their prompt return. Manuscripts arriving unaccompanied by stamped addressed envelopes will be neither read nor returned.

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 and the first part of that of Marcus Aurelius, had already perished. He divided his epitome into sections each containing the life of one emperor, and thus is of no authority as regards Dio's divisions; furthermore his task was very carelessly performed. The epitome is found in at least sixteen Mss.; but all the rest are derived from one or the other of two fifteenth century Mss., Vaticanus 145 and Coislinianus 320. Besides these two (abbreviated V and C), we have readings from an unknown Xiphilinus Ms. entered in L' of Dio to fill various gaps; but the scribe of L' dealt very freely with such passages.

loannes Tzetzes (twelfth century) in his farrago of historical and mythological stories now entitled Chiliads, from the arbitrary division of the work into sections of one thousand verses each, occasionally cites Dio among his various authorities. But he dealt very freely with his material, and it is often difficult to determine exactly how much of Dio underlies his version. The present text omits a few passages printed with some hesitation by Boissevain. Tzetzes also cites Dio a few times in his commentary on Lycophron's Alexandra. Other writers who are similarly of use in supplementing the epitomes are Eustathius, archbishop of Thessalonica in the twelfth century, famous for his commentary on Homer; loannes Antiochenus, a historian of the seventh century; loannes Damascenus, an ecclesiastical writer of the eighth century; loannes Laurentius


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 {| align="center"
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 * style="text-indent:-25px; padding-left:25px;" | Cambrian Formations of the Robson Peak District, British Columbia and Alberta, Canada
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 * style="font-size:smaller; line-height:100%;text-indent:-15px;padding-left:25px;" | July 24, 1913. Pp. [Title] + 327-343, pls. 55-59, text figs. 11, 12. (Pub. No. 2186.)
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 * style="text-indent:-25px; padding-left:25px;" | Dikelocephalus and other Genera of the Dikelocephalinæ
 * align="right" valign="bottom" | 345
 * style="font-size:smaller; line-height:100%;text-indent:-15px;padding-left:25px;" | April 4, 1914. Pp. [Title] + 345-412, pls. 60-70, text figs. 13-20. (Pub. No. 2187.)
 * Index. Pp. 413-498.
 * }
 * align="right" valign="bottom" | 345
 * style="font-size:smaller; line-height:100%;text-indent:-15px;padding-left:25px;" | April 4, 1914. Pp. [Title] + 345-412, pls. 60-70, text figs. 13-20. (Pub. No. 2187.)
 * Index. Pp. 413-498.
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 Hymn to the Sea

By William Watson

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 Lydus, of the sixth century, who wrote of the Magistrates of the Roman Republic, and Cedrenus, a historian of the eleventh century.

The present text and division into books are based on Boissevain's edition, which has been courteously placed at the disposal of the Editors by Messrs. Weidmann of Berlin. The departures from his readings are relatively few, but are not always indicated in the critical notes, as it has seemed simpler to take the Ms. reading as the standard, and merely cite such emendations as are adopted in the text. For convenience of reference the traditional divisions of Books LXI-LXXX are given in the margin; and it is by these numbers that passages are cited.

The translation is based on that of H. B. Foster (Troy, N.Y., 1905-06), the first to appear in English. At the outset it was hoped that his translation would require few changes to bring it into conformity with the Greek text here adopted; but this hope was promptly disappointed, as soon as the task of careful comparison with the original was fairly under way, by the discovery of many errors of a more or less serious nature, as well as of frequent infelicities in the English. So far as has proved possible, his words have been retained; yet the changes found to be either necessary or desirable are so numerous that the editors have decided in favour of the present wording of the title page.


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The present series, entitled "Smithsonian Miscellaneous Collections," is intended to embrace all the octavo publications of the Institution, except the Annual Report. Its scope is not limited, and the volumes thus far issued relate to nearly every branch of science. Among these various subjects zoölogy, bibliography, mineralogy, and anthropology have predominated.

The Institution also publishes a quarto series entitled "Smithsonian Contributions to Knowledge." It consists of memoirs based on extended original investigations, which have resulted in important additions to knowledge.

(iii)


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 MANUSCRIPTS

(a) There are eleven Mss. containing the larger part of Books XXXVI-LX. The two of greatest importance are: —

Of importance for parts of the text where these Mss. fail are also: —

It has been conclusively shown by Boissevain that V is a copy of L, made, however, while L was in a completer state than at present; that L' is in the main a copy of M, but with additions from L; and that P is derived from L for the earlier books and from L' for the later. The other six Mss., not here specified, are derivatives of P (in one case of P and M) or of V. It is clear, therefore, that only L and M are of value except where passages now lost in one or both appear in the derived Mss. Thus V and P are our only Mss. for XXXVI, 1-17; V takes the place of L for the greater part of L-LIV; and similarly L' serves instead of M for LII, 5, 2-20, 4; LX, 17, 7-20, 2, and LX, 22, 2-26, 2, being the sole Ms. to give the last two passages. Unfortunately M has several extensive gaps in books LV-LX which cannot be filled out from the later Mss.


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Translation:Arukh ha-Shulchan/Orach Chaim/472

This chapter contains fifteen sections: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15

Section 1
Though the Shabbath and Festivals are usually begun earlier in the day than called for, due to the maxim ‘add from the mundane to the holy’, (and one is even able to sanctify the day (recite ‘Kiddush’) and eat the festive meal while it is yet day,) on Pesach it is not so, as it is written: “...and eat the meat on this night...”. This implies that actual nightfall is required. In addition, the consumption of Matza is connected to the consumption of the Pesach sacrifice (which takes place at night) (Tur), as it is written: “...with matza and maror it (the sacrifice) should be eaten”.

This is in fact what is taught in the Mishna in ‘Arvei Pesachim’, that one should not eat until nightfall. This means to say that in this regard Pesach is not similar to Shabbos and Festivals (Tosfos there). We have also learnt the same in the Tosefta: “Regarding Pesach, Matza and Maror - their mitzva is at nightfall.”

Therefore, the cup of kiddush, which is one of the four cups drunk at the seder, as well as the other vegetables that are eaten, the various practices designed to cause the children to inquire after them, and the recitation of the Haggadah all take place at the time one can eat Matzah and Morror (Beis Yosef in the name of the Terumous HaDeshen). Furthermore, the Kiddush recited is on behalf of the Matzah to be eaten, as iKiddush is always on behalf of a meal, and since the Matzah requires nightfall so does the Kiddush (Taz, comment 1).

Section 2
In any event, the table should be set while it is yet day, in the manner of free people, who have the leisure to have their table set well before eating. In addition, the table should be prepared in order to be able to eat at nightfall, so that the children should be able to be involved and not fall asleep. Even if one is studying in the beis midrash it is a mitzvah for him to rise and prepare the for the seder.

So Rabbi Akivah has stated, that in his days "...there was never an announcement that the time arrived to leave the beis midrash, except of the eve of Pesach...in order that the children should not fall asleep (Gemara Pesachim 109.1). In addition, Rabbi Eliezer adds that "one 'snatches' (hurries through) the mitzvos (commandments) on the night of pesach, so that the children should not fall asleep. Rabbi Akivah even used to give roasted kernels [?] and nuts to the children on Pesach night, to forestall sleep so that they might ask questions.

The reason for all this is that we see that the Torah placed great emphasis on childrens' questions on this night, as is written many times "When your son will ask you...". Verily, the whole command of retelling the story of the Exodus is structured after the manner of children asking a father who responds. Though this method the pure faith of the religion is transmitted. Therefore they engaged in all the actions above, so that the children would be alert and not asleep at the time of the seder. This is an obligation upon ourselves as well.

Regarding 'snatching' miztvos, Rashi and the Rashbam explain the meaning to be that either one eats quickly or 'snatches' the seder plate by raising it up. The Rambam, in chapter 7 of the Laws of Pesach, explains: "The matzah is snatched from the hand [???]”, (see there).

(This is the source of the custom for the children's snatching the 'afikomen' piece from under the pillow. See ??? comment 2)

Section 3
One should set his table with beautiful dishes and silverware, according to his ability. Though it is good all year round to limit the use of beautiful dishes somewhat as a remembrance of the destruction of the Temple, nevertheless on the night of Pesach all that can be symbolic of experiencing freedom is displayed. Even if one is holding utensils of silver as securty for a loan, if the owner does not mind one may place them on his table on the night of Pesach.

This is the reason that the sages required leaning at the meal on pesach, for such was the practice of the all independent men in their day, to eat while reclining, on pillows and such, in a noble manner. Therefore one should prepare his place while it is yet day with all that is required to allow him to recline as one who is free.

Note that the Tur writes in the name of the Ravyah that since our countries have no custom to recline it is not a requirement (see there). However, the overwhelming majority of Rabbinic authorities do not agree with him. In fact, in my humble opinion it appears that since it is a mitzvah to make changes to what is customary on this night, as the Rambam states in the seventh chapter - that one should change what is commonly done so that the children will see and ask - there can be no greater change then to recline, for we are demonstrating something which is completely uncommon.

A proof to this can be seen from the Mishna on 116.1, concerning the Haggadah text ‘Ma Nishtana’. The Mishnah makes no mention of reclining, though in our text that is one of the questions. The reason is that in the era of the Mishna there was nothing odd about reclining, and a child would not be drawn to ask about it. Nowadays, a child would ask on this practice. Therefore the law is as the majority of the legal authorities, who require reclining.

Section 4
Another clear proof for reclining can be gleaned from the Mishna that begins the chpater of ‘Arvei Pesachim’, we were learn that even the poorest among the Jewish people should not eat unless reclining. The intent here is: Do not say that since he is poor and does not accustom himself to recline it is not required. Rather he must recline, and the same law applies to us as well.

Out teacher the Rema writes (in section 2), that even a poor person who does not possess a pillow should recline on a bench. This means to say he should at any rate recline in any manner that he can find, even on a bench, where he can place some clothing or other object to recline upon. The point here is that he cannot fulfill the mitzvah without reclining.

(The Bach writes that a mourner does not recline, rejecting the words of the [WHO?] and the Keneses HaGedolah. However, the Taz and the Magen Avraham do quote their position. In our communities the custom is for a mourner to recline, though not in an ostentatious way with an abundance of pillows. In regards to wearing a ‘Kittel’ there are differing opinions, and one may do as he pleases. Attend to the sources and you will find it so).

Section 5
When one reclines he should be positioned sideways, not leaning on his front or back, for that is not called reclining. Only leaning to the side was considered a honorable position. One should not lean to his right, only his left, for leaning to the right is dangerous, as the foodpipe is on the right of one’s body, and the windpipe on the left, and when one leans to the right the epiglottis slides off the windpipe by itself. This creates a choking hazard, as food swallowed can enter the windpipe. This is why the custom of the nobility was to lean on the left. In fact, reclining on the right is not even called ‘reclining’ (Gemara Pesachim 108.1, see there - investigation will yield this conclusion).

Know that when reclining there is no difference between people who are right or left-handed. Even though a left-handed person uses his hands in a way which is opposite those who are right-handed, internal organs are situated the same for all people. Therefore a left-handed person must lean to the left (and if needed he can lean against his neighbor).

Section 6
Our sages state (in Pesachim 108.1):
 * ”A married woman need not recline. If she is a woman of importance and stature, she must recline.”

The Rashbam attributes the basic ruling to a woman who has the serving role while her husband leads the seder, while a ‘woman of stature’ is one whose status is more significant than her husband (and would not be in a service role). It follows that a woman who has no husband is required to recline. Also, if her husband is not in the home at that time she is required to recline.

Contrasting the above, the Shiltos (Parshas Tzav) writes: “A woman is not required to recline, as it is not the custom of women to act in such a manner. (see there) This then would apply to all women, as his phrase is “a woman” and not “a woman with her husband”. So it is in the Rif as well. Their ruling is based on the fact that it was not the custom of women to recline on their side. If the woman is one of stature, wealth, or beauty, as the ‘woman of stature’ mentioned in the chapter ‘Ein Ma’ameedim’ (Gemara Pesachim 25.2) who was wont to recline when in the presence of others, she would be required to recline. Nowadays women are not found to recline in any social situation, and as a result women do not recline during the seder either.

Our teacher the Rema writes in section 4 that “all our women are considered ‘women of stature’ and therefore are required to recline. The reason why they do not is that we rely on the position of the Ravyah, who argues that in our day there is no reason to recline.” Until here is his quote, which he sourced from the Mordechai.

In my humble opinion it is difficult to state such a position, for why don’t men also rely on the Ravyah and refrain from reclining? Furthermore, his opinion is an individual dissent. Rather it seems more reasonable that the law rests on the Shiltos and the Rif according to their reading of Talmudic text. In any case, ‘stature’ is not a term that should be considered commonplace, and even if a woman were of stature, it is unusual for her to put on airs over this.

Section 7
A son by his father - he is required to recline even if the father is also his primary teacher, for it can be assumed that the father does not mind, unless it is known to be otherwise. A student by his teacher is not required to recline, since the fear of your teacher should be as the fear of Heaven, and he should not recline before him, for it seems as though he is assuming a position of authority in his presence. He should not recline even if he is before a teacher who is not his primary teacher, though if this teacher gives him permission he may recline. The student is allowed to refuse to recline if he feels it is inappropriate. For his own part, this teacher is not required to offer permission for it is a fact that the way of the Torah is for a student to demonstrate respect for his teacher. If one is sitting with a venerable sage of distinction he should not recline as well, for this sage has the same status as his primary teacher and he is required to show him the proper respect.

Obviously, this is all when they are both eating at one table. If they eat at separate tables, even in the same room, the student is required to recline, for this will not appear as putting on airs in front of his teacher. A waiter too is required to recline when he eats and drinks, even though he is acting in a servile function at this meal. (The Kesef Mishna in the chapter seven explains that the reason is because of the legal idiom “one who aquires a Jewish servant has aquired himself a master” (see there). It seems like this reason is meant to counter the fact that he is beholden to his employer and should therefore be exempt. Still, I don’t understand how the two are comparable. Is a waiter any different than any other paid worker, who is required to recline, as we see in the Gemara Pesachim? Exemptions to reclining are only found in regard to teachers of Torah, and not in other teacher/student employer/employee relationships. This needs study...) [NOT SURE ABOUT THIS]

Section 8
It has been written by some that one who reclines when not required is termed, in derogatoy fashion, a ‘commoner’, as such usage is found in the Yirushalmi in the first chapter of Shabbos (Magen Avraham, comment 6 in the name of the Rashal and Taz). Some question this, for we find that one can adopt any number of various stringencies in religious practice, and why then should this be seen in a negative light? The answer could be that while it is certainly acceptable to adopt stringent behavior, it is viewed negatively in this case even when his Rabbinical teacher granted permission to recline, for he should not be acting in a way that diminishes his teacher’s honor even when he has permission to do so. This would apply in other similar situations as well. (for example an ‘Avel’ - one in his halachic period of mourning over a dead relative, according to the opinion that obviates reclining, would also be seen as dishonoring the dead.)

Section 9
If one is required to recline, all eating or drinking not done while reclining does not fulfill any obligation that requires eating or drinking at the seder. One would have to redress this by eating or drinking again while reclining. Our teacher the Rema has written in section 7 that:

 * “some state that since the Ravyah has ruled as a minority opinion that reclining is not required nowadays, one who has not reclined may rely on this opinion post-facto to allow that his eating and drinking has fulfilled the necessary obligations. It appears to me that if one has drunk the third or fourth cup of wine without reclining he does not need to re-drink these cups with reclining, for that would appear as if one was adding to the obligation of drinking four cups of wine. However, if one has not reclined for the first two cups he does need to drink again without a blessing. The correct law at the outset is for one to recline during the entire meal.”

Until here is the quote.

Post facto, it is acceptable if one only reclined while eating the olive-size [a standard talmudic measurement for food] portion of matza after its blessing (‘Hamotze’), as well as for the ‘Afikomen’ portion and while drinking each of the four cups. Additionally, from the words of the Rambam in the seventh chapter: “...if he reclines during his other eating and drinking it is praiseworthy...” it is implicit that this is not required as a matter of law, and is simply a praiseworthy practice. (See Chok Yaakov in comment 15, concerning the the position of the Mahari [ruling 152], that the olive-size portion of matza eaten for ‘Hamotzee’ [one of two such portions] does not require reclining. His intent is to explain the law of eating “two ‘kizayis’-sized pieces” for the obligation of Matza, mentioned in chapter 475 (see there). To me it does not seem so, and the phrase “a ‘kizayis’ of matza” found here is merely to point out that the basic law only requires one such amount [and is in no way limiting reclining to only one of the two]. Attend to the sources and you will find it so.)

Section 10
Note that the concern over adding cups of wine to the last two, which appears to be adding to the requirement, does not apply to the first cups, where one may add, as has been previously mentioned.

Even so, nowadays, when we do not have the custom to add cups to the first two, one does not re-drink the first two cups (should he not recline), for it also appears to be adding to the requirement (Magen Avraham, comment 7). However, the Rosh writes that since the first cups were drunk incorrectly (without reclining) it is clear that they are not considered part of four, and what he is re-drinking counts towards fulfilling his obligation (see there). There is also an opinion that states regarding all the cups that one need not re-drink if he did not recline (Bach in chapter 479, and [WHO] in comment 14).

This last opinion appears to be the accepted law, as the Talmud in Pesachim (108.1) sets the law of reclining only for two of the four cups. As there is doubt over which of the four this applies to, reclining is required for all, though this means that for each cup the obligation has the status of a rabbinical doubt, which allows one to be lenient for any of them should he not recline.

It further appears to me that our teacher the Rema believes this to be the main reason for not re-drinking, and not because of reliance on the minority opinion or due to concern over appearing to add on to the number of required cups. He further understood that extra cups between the first two do not even have the additional concern [of appearance] and are permitted as a matter of law, so how can it hurt for him to re-drink [for reclining purposes] at that point? As far as we are concerned, it is only because the current custom that we ourselves refrain from this, as I have written.

There is also an opinion that suggests that one should bear in mind at the beginning of the seder to re-drink the first two cups if he forgets to recline, so that in that event he may re-drink without a blessing (Magen Avraham).

Section 11
One is required to drink the four cups of wine according to the order established by the sages:

 * This first over ‘Kiddush’
 * The second after the Haggadah
 * The third after ‘Birchas Hamazone’ (Grace after Meals)
 * The fourth after ‘Hallel’

If one drank all four cups at once, one after the other, he has not fulfilled the requirement of the four cups. The same would seem to be true if one drank two out of order, for example two immediately after the ‘Kiddush’. This would only fulfill the requirement of ‘Kiddush’, and he would still have to drink ‘the second cup’ after the Haggadah.

It appears to me that one who drinks a cup during the recitation of the Haggadah has fulfilled this cup’s requirement even though he has done so before the blessing ‘That we were redeemed...” at the conclusion of the Haggadah portion. This is because the omission of blessings do not prevent one from having fulfilling his obligation, and the recitation of the Haggadah itself really has no set amount, so it can always be said that he drank ‘after the Haggadah’. However, if one drank in the middle of ‘Hallel’ or ‘Birchas Hamazone’ he has not fulfilled the requirement since the Rabbis have enacted those cups after the entire ‘Birchas Hamazone’ and the entire ‘Hallel’.

Furthermore, it appears to me that if failed to drink the cups at their appropriate time, for example he did not drink a cup over ‘Kiddush’, he may drink that cup later, for there is no other way to remedy this situation, and the same would apply for all the cups (so it seems in my humble understanding).

Section 12
The minimum amount of wine per cup should be a ‘Reviis’, which was an amount measured after the wine was diluted (in past generations, wine was preserved as a concentrate and a small amount was diluted with water before meals). Nowadays our wine is not concentrated and diluting has no relevance to us.

The actual measurement of a ‘Reviis’ is an amount of liquid that would fill the volume of an area of two finger-widths squared (width by depth), with a height of two and a half plus one fifth thumb-widths (Tur). This is the same volume as filling one and a half eggs with water. Some of the great legal authorities have cautioned that this amount should be doubled nowadays because the average egg has decreased in size from what it was in past generations, and many of those who are particular with their mitzvah performance have this custom. However, we have already explained before in chapter 168, section 13 (and in Yoreh Deah, chapter 324) that it is not so (attend to those sources closely).

This is also much to dispute concerning the use of raisin wine (as it is found among us). Attend to what I have written previously in chapter 204, section 15, as well as chapter 272, section 7, where I found merit for those who use it. Either way, what choice do we have in our countries when other types of wine are impossible to come by? Even when actual wine is brought from afar, it is often available at prices that few can afford, and with many attendant questions surrounding its ‘kashrus’, as is well known.

If one cannot find any available wine, one may use honey wine, also called mead, for the four cups.

Section 13
One is required to drink all, or at least the majority, of each cup. If the cup used holds many ‘Reviis’, many people can fulfill their obligation through it according to the number of ‘Reviis’ it contains, though they would not meet the requirement if the cup only contained enough for a majority ‘Reviis’ for each person. The reason for this is that each person needs to start with the proper amount, which is a ‘Reviis’, even though they may fulfill their obligation with only drinking a majority of it.

There is a dissenting opinion that stipulates that a large cup, even if it holds many ‘Reviis’, can only be used for one person, who must drink at least a majority of that cup as is. This appears to be the settled law, for it is the opinion of the Ramban and the Mordechai (see the Beis Yosef).

One needs to drink the required amount of wine at one time, or at the very least without any significant delay, which should be about as long as it usually takes one to drink a ‘Reviis’. If one drank the wine in the time termed ‘kdai achilas pras’ [Lit: ‘the time to eat half a loaf’, perhaps the time it takes to eat 8 olive sized pieces of bread or the time span of 3 to 9 minutes, see here], his obligation is fulfilled post facto. If, however, one interrupted for a period longer than this he has not fulfilled the law and he needs to drink another cup. Less this this span of time, though, is acceptable.

(The Magen Avraham writes in comment 11 that even waiting in excess of a ‘Reviis’-drinking-time during each of the first two cups will require one to re-drink (see there). However, in my humble opinion it seems that the settled law is not as the Rambam, as I have written in chapter 612, and one would not be required to re-drink (see there).)

Section 14
One who cannot drink wine because he finds it repulsive or somewhat damaging to his health is obligated to force himself to fulfill the mitzvah of the four cups, unless he is actually in ill health. In proof of this we find that sages in the Mishna and Talmud who found wine very difficult to drink forced themselves to fulfill the mitzvah of the four cups.

It is a mitzvah to use red wine, (unless the white wine one has is superior), as it is written: “Do not gaze at the deep redness of wine...” (Mishlei, 23,31). One has also fulfilled his obligation with cooked wine or spiced and sweetened wine (Heb. ‘Kunditon’). In our communities this wine is not common.

Even the poor who are supported by charity should sell their clothing, borrow money or rent themselves out for labor to afford wine for the four cups. They should take donated wine from the charity fund, if possible. If a poor man can only obtain four cups in total for both nights he should use them all for the first seder night. The reason for this is that we now use a mathematical calendar and therefore know that the first night of Pesach is the actual night for this mitzvah (Magen Avraham in comment 14). Although one is urged strongly to buy wine in any circumstance, candles for the house take precedence if they are needed for peace in the home (Heb ‘Shalom Bayis’), as I have written in Chapter 263.

Section 15
Women are likewise obligated in the mitzvah of the four cups, and in all mitzos that apply on this night, such as eating matzah, maror and the reading of the haggadah. If they are not able to read for themselves they should hear it from another, for it is written “You shall not eat it [the Pesach sacrifice] with leavened bread, for seven days you shall eat it with matzah...”, that is, whomever the prohibition of leavened bread applies to also has the obligation to eat matzah, and women are a group that the prohibition of leaven applies to, for regarding prohibitive commandments women have the same status as men. Therefore they are also enjoined to eat matzah, even though this is a positive commandment that is time-dependent, [which they would normally be exempt from.]

Following this line of reasoning, women would also be obligated to eat marror and the Pesach sacrifice, since the Torah verse connects them to the command to eat matzah: “...with matzah and marror you shall eat it [the Pesach sacrifice]...”. Now even though marror is merely a Rabbinic law in this day and age, whenever a Rabbinic law is enacted it is structured to follow the particulars of the Torah law that it is in place of. Therefore women would be obligated to eat marror as well as observe the other mitzvos of this night, which are all considered parts of one unit whole. There is a further reason as well for the womens’ obligation: It is known that our forefathers were redeemed from Egypt in the merit of the righteous women of that generation, so it should be obvious that they are obligated in the mitzvos of the night, which are all about the redemption from Egypt.

Therefore a cup must be provided for each member of the household, whether male of female. It is also a mitzvah to give a cup to children that have reached an age where they can be educated. “Reaching the age of education” is defined as five or six years old (Chok Yaakov, comment 27). However, if the children were not given a cup it does not prevent performing the seder (see there). Children may be given a small cup (see Taz), and they need not drink but a little.

Our teacher the Rema has written (in section 15) that one should not use a cup that has a narrow opening like a ‘kluk’ glass since it prevents one from drinking a ‘Reviis’ amount in one swallow. Incidentally, when choosing a cup for ‘Birchas Hamazone’ (grace after meals) one should not use this type of glass either (see previous chapter 183), and the same applies to the cup used for ‘Kiddush’. Until here is his words. Regarding children - there is no objection to using this cup [I THINK THAT IS THE MEANING]

Although many areas of the religion generally do not entail a direct command on the religious education of daughters, on this night daughters should be included in the education process, for the fundamentals of religious faith depend on the account of the exodus.

It is a mitzvah to give parched grain and nuts to the young children, so that they will see the change from the norm and ask why. This is important, for Torah itself has made a point of predicating the mitzvos of this night on childrens’ questions, as I have written in section 2.

ערוך השולחן אורח חיים תעב


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 (b) The oldest Dio Ms. is now reduced to a few leaves on which are contained LXXVIII, 2, 2-LXXIX, 8, 3. This Ms. is:

(c) The Paris fragments.


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 Rh and his legend, the other placing Balauhar by his side.

Leaving for a moment the book of Buddha, of which I fancy I have found traces, one has to settle the question of the relationship of the Georgian, Greek, and Arabic versions. From Appendix I., in which their variations are noted, it will be observed that the Georgian agrees with the Arabic version with regard to the original order of the parables: while, on the other hand, it agrees in omitting certain portions with the Greek, and in the conclusion of the story. Kuhn, accordingly, represents the relationship by the following genealogical tree:—

I have small Arabic and less Georgian, and I must therefore tread warily on this aspect of the question. But there seems to be one conclusive piece of evidence against the pedigree suggested by Dr. Kuhn. There can be no


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 xxxii doubt what the unknown quantity Y is, as regards the Greek version. Syriac was the main conduit pipe through which the treasures of Greek literature debouched on to the Orient, and inversely, it was mainly through Syriac versions that Oriental treasures were added to Greco-Byzantine literature: and we have special reason for saying, as we shall soon see, that Syriac was the immediate source of the Greek version. But that the Georgian also derived from that language, as Dr. Kuhn suggests, the only external confirmation of the suggestion he can give, is its alleged authorship by Sophron of Palestine. Against it, and as I think, obviously against it, is the title of the Georgian version, which connects it with an Arabic, and disconnects it from a Syrian source.

Proper names are the feu follet of the etymologist, but the Pole Star of the literary historian; the one has to guess at their inner meaning, the other can follow the changes in their outer form. There can be no doubt how and why the name Barlaam got into the Greek version, instead of the form Balauhar, found in the recently discovered Oriental ones. Barlaam


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 Rh was an Antioch worthy of the early fourth century, who is referred to by SS. Basil and Chrysostom in their homilies; a church was erected to his honour in Edessa, 411 A.D. Outside Syria he was unknown, and his name must have been introduced in the Syriac version from its accidental similarity with the Balauhar of the Arabic version. Now, if the Georgian had been derived from the Syriac, it would surely have retained the form, Barlaam, instead of keeping, as it has, to the Arabic form, Balauhar. Considering, too, that the order of the parables are the same in the Georgian and Arabic versions, I think there can be little doubt that it was derived from the Arabic, and the variations at the end may have been due to later modifications of the Bombay Arabic text, intended to modify its Christianising tendencies.

There is still another form in which the Buddha legend got into Syriac. Professor Hommel has already suggested that the earlier part of the legend of St. Alexis, in which that saint flees from wife and child in order to embrace the


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 xxxiv hermit's life, is simply a Christian adaptation of the Great Renunciation of Siddartha the Buddha. The late M. Amiaud, who studied the Greek forms of the legend, La Légende Syriaque de S. Alexis, Paris, 1889, came to the conclusion that it was written c. 450-75, originally without any name being attached to it, and without the second part, dealing with an impossible journey to "Rome," probably Constantinople. Curiously enough, in this early version the anonymous "holy man" is represented to have died at Edessa, 412, the very date within a year when the Church was dedicated to St. Barlaam, As this early life is solely devoted to the Great Renunciation, and was originally anonymous, I venture to suggest that it was derived directly or indirectly from the original of the Buddha book (Kitâb al-Budd), mentioned in the Fihrist. Whether the relation of the Alexis legend to the Church of St. Barlaam was accidental or not, it is indeed curious that the name of this otherwise unknown saint has become connected with both the Syriac forms of the Buddha legend.

Reverting to these given above, we have still


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 Rh to determine the unknown quantity X in Kuhn's pedigree. Here we are helped by the other name in our title. Yudasaph is frequently referred to elsewhere in Arabic literature as the founder of an Indian ascetic religion. The same name is found written Budasaph, with merely the change of a diacritical point. Reinaud was the first to suggest that the latter variant was simply a form of Bodhisattva, the technical term in Buddhistic literature for ths man who is destined to become a Buddha. But where and how did Bodhisattva become Bodasaph? Obviously in Persia, where the ending asp is a favourite one for proper names.

Another name confirms this result in a most instructive way. When the young prince, in the story, goes out for the first time into the world and sees some of its misery, he is accompanied by his teacher, whose name is Zardan in the Greek, Zandani in the Georgian version. There is little doubt that these forms are ultimately to be derived from Chandaka, the Buddha's charioteer. The variation of the Greek and Georgian forms can only be


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 Song

By Richard Le Gallienne

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title: The Yellow Book/Volume 5


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 xxxvi by their derivation from a script in which n and r are indistinguishable. This occurs in the Pehlevi alphabet, and not in the Syriac: so I am again confirmed in my dissent from Dr. Kuhn's view, that the Georgian was derived from the Syriac version. The Georgian form, Zandani, is at least a step closer to India. Incidentally the name tells us from what part of India the legend was derived. Among the Buddhists of Southern India the Master's charioteer is known as Channa, among those of the North he has the fuller name, Chandaka. By the presence of the d in the Georgian and Greek forms we learn that their source is to be found, as I was to be expected, among the Northern Buddhists.

We still have to determine the relations of the


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 Rh three various Arabic texts which are still extant, with that of the Hebrew version of Abraham ibn Chisdai (ob. 1240). The difficulty here is put at once by the opening words of ibn Chisdai's version: "Thus saith the translator from the Greek into Arabic." Besides the rarity of such direct translations, without the intermediation of Syriac, there is the further difficulty that the Hebrew version does not entirely agree, either in order or in contents, with any of the Arabic texts at present accessible. It comes nearer to the Halle MS., but that on the face of it is only an extract. Professor Hommel, and his pupil, Dr. Weisslovits, claim for the Hebrew version a closer relationship with the Pehlevi original than is the case with the Greek: and though Dr. Kuhn seems opposed to the claim, it would seem to be confirmed by the agreement of the Hebrew with the order of the parables in the Arabic texts, which again agrees with that of the Georgian to which we have assigned a closer relationship to the Pehlevi version.

The following table of Professor Hommel will indicate this:—


text: The Yellow Book/Volume 5/Song

title: The Yellow Book/Volume 5/Song


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During the field season of 1910 the study of the Cambrian strata of the section of the Rocky Mountains adjacent to the main line of the Canadian Pacific Railway was continued and special attention given to the Stephen formation. Its outcrop was carefully examined for many miles along the mountain sides with the hope of finding a locality where conditions had been favorable for (a) the presence of life during deposition of sediments, (b) the subsequent changing of sediments into rock, and (c) the preservation of the rock during the vicissitudes consequent on mountain building, so that the preservation of the life of the epoch would be as complete as possible. The famous trilobite locality on the slope of Mount Stephen above Field had long been known and many species of fossils collected from it, but even there the conditions had not been favorable for the presence and preservation of examples of much of the life that, from what was known of older faunas and the advanced stage of development of the Upper Cambrian fauna, must have existed in the Middle Cambrian seas. The finding, during the season of 1909, of a block of fossiliferous siliceous shale that had been brought down by a snow slide on the slope between Mount Field and Mount Wapta, led us to make a thorough examination of the section above in 1910. Accompanied by my two sons, Sidney and Stuart, every layer of limestone and shale above was examined until we finally located the fossil-bearing band. After that, for thirty days we quarried the shale, slid it down the mountain side in blocks to a trail, and transported it to camp on pack horses, where, assisted by Mrs. Walcott, the shale was split, trimmed, and packed, and then taken down to the railway station at Field, 3000 feet below. Among the finds there were a number of specimens of a beautifully preserved Merostome which will be the subject of this paper, and the first species to be described in a preliminary manner from the new locality.


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8 of the English government by Brutus of Troy, with a superabundant display of didactic morality and religion. Happily this dreary conception, though it occupied much thought, never came to the birth.

The time soon came when these tentative flights were to be superseded by more serious efforts. Pope's ambition was directed into the same channel by his innate propensities and by the accidents of his position. No man ever displayed a more exclusive devotion to literature, or was more tremblingly sensitive to the charm of literary glory. His zeal was never distracted by any rival emotion. Almost from his cradle to his grave his eye was fixed unremittingly upon the solo purpose of his life. The whole energies of his mind were absorbed in the struggle to place his name as high as possible in that temple of fame, which he painted after Chaucer in one of his early poems. External conditions pointed to letters as the sole path to eminence, but it was precisely the path for which he had admirable qualifications. The sickly son of the Popish tradesman was cut off from the bar, the senate, and the church. Physically contemptible, politically ostracized, and in a humble social position, he could yet win this dazzling prize and force his way with his pen to the highest pinnacle of contemporary fame. Without adventitious favour and in spite of many bitter antipathies, he was to become the acknowledged head of English literature, and the welcome companion of all the most eminent men of his time. Though he could not foresee his career from the start, he worked as vigorously as if the goal had already been in sight; and each successive victory in the field of letters was realized the more keenly from his sense of the disadvantages in face of which it had been won. In tracing his rapid ascent,

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.] we shall certainly find reason to doubt his proud assertion,—

but it is impossible for any lover of literature to grudge admiration to this singular triumph of pure intellect over external disadvantages, and the still more depressing influences of incessant physical suffering.

Pope had indeed certain special advantages which he was not slow in turning to account. In one respect even his religion helped him to emerge into fame. There was naturally a certain free-masonry amongst the Catholics allied by fellow-feeling under the general antipathy. The relations between Pope and his co-religionists exercised a material influence upon his later life. Within a few miles of Binfield lived the Blounts of Mapledurham, a fine old Elizabethan mansion on the banks of the Thames, near Reading, which had been held by a royalist Blount in the civil war against a parliamentary assault. It was a more interesting circumstance to Pope that Mr. Lister Blount, the then representative of the family, had two fair daughters, Teresa and Martha, of about the poet's age. Another of Pope's Catholic acquaintances was John Caryll, of West Grinstead in Sussex, nephew of a Caryll who had been the representative of James II. at the Court of Rome, and who, following his master into exile, received the honours of a titular peerage and held office in the melancholy court of the Pretender. In such circles Pope might have been expected to imbibe a Jacobite and Catholic horror of Whigs and freethinkers. In fact, however, he belonged from his youth to the followers of Gallio, and seems to have paid to religious duties just as

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The only Merostomes heretofore known from Cambrian rocks are from the Upper Cambrian formations of America. The first discovered was described by James Hall in 1863 as Aglaspis barrandi. Subsequently R. P. Whitfield described a second species as Aglaspis eatoni. This genus was subsequently referred to the sub-order Synziphosura of Packard.

No Eurypterid remains were reported until in 1901 C. A. Beecher described Strabops thacheri from the Upper Cambrian Potosi limestone of Missouri.

Both Aglaspis and Strabops indicated that at the close of Cambrian time the Merostomata had advanced a long way toward a full development of the sub-class and that a series of ancestral forms had preceded them. It has been my desire for many years to discover something of the older Merostome fauna in the Cambrian and thus, if possible, secure further connections between the pre-Cambrian Algonkian crustacean, Beltina, and the great Merostome fauna of the Silurian.

In this paper two genera, Sidneyia and Amiella, are described: the former, from very fine material, and the latter, from one broken and imperfect individual. Both genera appear to belong to a sub-order of the Eurypterida and it may be a distinct order.

When preparing this paper I received from H. Mansuy, Geologist of Indo-China, a series of photographs of Cambrian fossils from Yunnan, and among them one of a fragment of a Merostome showing six segments of the abdomen. From their form and surface markings the species appears to belong to the genus Amiella described in this paper. (See p. 28.)

Classification.—The two new genera, Sidneyia and Amiella, are placed in the new sub-order Limulava of the order Eurypterida, under the new family Sidneyidae. The relations of the order and sub-order are shown in the following tabular view.


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 {| align="center" style="border-collapse: collapse;"
 * colspan="4" align="center" | Sub-Class MEROSTOMATA
 * colspan="2" width="50%" align="center" style="border-right:1px solid black;" | Order Eurypterida
 * colspan="2" width="50%" align="center" | Sub-Order Limulava
 * - valign="top"
 * width="1px" | 1.
 * style="border-right:1px solid black;padding-right:10px;" | Cephalo-thorax long.
 * style="padding-left:10px;" | 1.
 * Cephalo-thorax short.
 * - valign="top"
 * 2.
 * style="border-right:1px solid black;padding-right:10px;" | Cephalo-thorax with six (6) pairs of appendages; the anterior pair chelate antennae, and the posterior pair, long, strong swimming legs.
 * style="padding-left:10px;" | 2.
 * Cephalo-thorax with five (5) pairs of appendages; the anterior simple antennae, the third pair multi-chelate, and the posterior pair short, the outer joint serving as a branchial organ.
 * - valign="top"
 * 3.
 * style="border-right:1px solid black;padding-right:10px;" | Epistoma present in Pterygotus where it is narrow. Metastoma large.
 * style="padding-left:10px;" | 3.
 * Epistoma large. Metastoma unknown.
 * - valign="top"
 * 4.
 * style="border-right:1px solid black;padding-right:10px;" | Six anterior abdominal segments bear leaf-like branchial appendages.
 * style="padding-left:10px;" | 4.
 * Nine anterior abdominal segments bear leaf-like branchial appendages.
 * - valign="top"
 * 5.
 * style="border-right:1px solid black;padding-right:10px;" | Surface of test with scale-like ornamentation.
 * style="padding-left:10px;" | 5.
 * Surface of test smooth or with imbricating lines, as in many of the Trilobita.
 * - valign="top"
 * 6.
 * style="border-right:1px solid black;padding-right:10px;" | Terminal segment a simple lanceolate or spatulate telson.
 * style="padding-left:10px;" | 6.
 * Terminal segment a caudal fin formed of a central expanded telson and one or more swimmerets on each side.
 * }
 * Terminal segment a caudal fin formed of a central expanded telson and one or more swimmerets on each side.
 * }

Differences other than those tabulated will probably be found when more of the detailed structure of the Limulava can be determined.

The sub-order Limulava, as represented by the genus Sidneyia with its four pairs of cephalo-thoracic appendages and simple antennae, approaches the Trilobita, which has a similar scheme of cephalic appendages. In both, the antennae are large and simple, jointed, sensatory organs. The branchiae of Sidneyia also suggest the broad, thin joints of the exopodite of the trilobite's legs with their branchial fringes. For comparison, the branchial fringes of Neolenus serratus, a trilobite associated with Sidneyia inexpectans, are illustrated on pl. 6, figs. 1 and 2.

The branchial lamellae of Pterygotus also have branchial fringes as well as the leaf-like, oval lamellae, as illustrated by Henry Woodward.

The short cephalo-thorax of Sidneyia is found also in Strabops thacheri Beecher (p. 19) from the Upper Cambrian, a form that may have had but five pairs of movable, cephalo-thoracic appendages.


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Cambrian Geology and Paleontology

 * Volume 1 (1910)
 * Volume 2 (1914)
 * Volume 3 (1916)
 * Volume 4 (1924)

title: Cambrian Geology and Paleontology


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Page:Theodore Roosevelt Rough Riders.djvu/165

HEN the shrapnel burst among us on the hillside we made up our minds that we had better settle down to solid siege work. All of the men who were not in the trenches I took off to the right, back of the Gatling guns, where there was a valley, and dispersed them by troops in sheltered parts. It took us an hour or two's experimenting to find out exactly what spots were free from danger, because some of the Spanish sharp-shooters were in trees in our front, where we could not possibly place them from the trenches; and these were able to reach little hollows and depressions where the men were entirely safe from the Spanish artillery and from their trench-fire. Moreover, in one hollow, which we thought safe, the Spaniards succeeded in dropping a shell, a fragment of which went through the head of one of my men, who, astonishing to say, lived, although unconscious, for two hours afterward. Finally, I got all eight troops settled, and the men promptly proceeded to make themselves as much at home as possible. For the Rh


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Page:Earle, Liberty to Trade as Buttressed by National Law, 1909 15.jpg

In respect to these, the Act again uses the word "every." "Every person who shall monopolize or attempt to monopolize, and it is not all, but "any part of the trade, etc.

What is it that the Act again denounces "every person" for either doing or attempting? What does "monopoly" really mean? What evil did it inflict? Why was it prohibited?

Mr. Justice Jackson says in In re Greene: "A monopoly, in the prohibitive sense, involves the "element of an exclusive privilege or grant which restrained others from the exercise of a right or liberty which they had before the monopoly was "secured," and gives many other meanings.

It is manifest, however, that Congress in these United States, and in the year 1890, was not legislating against the monopolies that bad been destroyed by the statute of James in 1623!

There is no doubt that, since the statute of James, to unlawfully exclude one from competing with you in trade is to monopolize; but it seems impossible that the word was not also used in the Act of Congress, in its primary, natural and simplest meaning. The real evil is aptly described by the exact meaning of the word monopoly, that is, "to sell alone." That power gave a right of taxing and oppressing the whole nation, only limited


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Letters from Francis Walker to Alexander Henry Haliday

October 1827 Arnos Grove Letter mentions Mr. Vigors ,  Mr. Dale , Mr Stephens ,  Mr Curtis   and the Rev. Lansdowne Guilding  at the Linnean Society   also mentions Belfast Natural History Society  and dispatch of specimens from Arnos Grove.

1828 recommends "M. Boitard's Manuel du naturaliste préparateur"

1830 [Metz Museum][Paris] The Flora of the environs of Metz is arranged according to the natural system ; each specimen attached by narrow slips of paper to the third page of a folio leaf; the class, order, family, tribe, name, locality, &c., being inserted on the first page, under printed heads or titles, the last of which is General Remarks ……The whole of this museum is in excellent order. Among the quadrupeds and birds there is no appearance of moths, and at the same time no smell of camphor, or other preservative ingredients. On enquiring of M. Vinet what means he used to preserve in such excellent condition the objects under his care, he answered,"Nothing more than frequently inspecting them, airing them, gently brushing them over, or wiping off any thing extraneous,and keeping the cases perfectly clean”. ......The naturalists and other scientific men of Paris have great advantages over those of London. The French government devotes a large sum annually to the support of scientific and literary institutions in the metropolis.Public lectures on every subject may be attended gratis ; the most complete museums and libraries are of the easiest access. The social meetings at the houses of distinguished individuals, or of public bodies, such, for example, as those of the Baron Cuvier, the Baron F^russac, the Institute, the Athenaeum, &c., are frequent ; and the intercourse at such meetings is of real use to literary men, because difference of worldly circumstances enters into them for little or nothing. It is not to be wondered,therefore, that with superior native vivacity and acuteness, and all these opportunities, the French philosophers should be the first in the world. To profit from this state of things, a stranger should reside in Paris at least two years.....

April 3 1832 Highgate refers to Chalicidites received from M. Laporte

January 27 [1833/4] "were elected [Council Entomological Society] Mr Bell , Mr. Children  , the Rev. Hope  , Mr. Newman , Mr Shuckard  , Mr.Spence  , Mr. Stephens  , Colonel Sykes , Mr. Westwood , Mr Waterhouse  as Curator, Mr. Yarrell   [and Francis Walker]

February 1833 Arnos Grove Reflects on rift between Curtis and Stephens

October 1833 concerns Walkers's Monographia Chalciditum and other entomological studies, specimens exchanged and examined.

December [1833] "the Society meeting in November at rooms engaged at 17, Old Bond Street suitably furnished and equipped,  was the more agreeable for the number of ladies present several already enrolled as members... and all welcomed most warmly by Mr. Children ... also the Rev. Mr. Kirby  and Mr. Spence...."

February 15 1834 "Mr. Ingall ["This beautiful variety was taken many years back at Peckham near London by Mr. Ingall" British Entomology] and Mr. Raddon [William Raddon (active 1817-1862)] for the engravure" [of Monographia Chalciditum.

May 12 1834 Letter thanks AHH for his generosity and apologies for "lack of an earlier reply my having but lately returned from Paris ....kindly received  by Mr. Lefebvre , the Secretary of the French Entomological Society.  Includes manuscript description of Chalcidoidea manuscript notes relating to Chalcidoidea Manuscript notes and extracts from works by Jurine, Fabricius, Fonscolombe, Dalman Geoffroy, Jurine, Latreille and Spinola copied in France.

20 November, 1836 Bedford Square F.W. to A.H.H. refers to books rec’d by Entomological Society and letter from Mr. Schomburgk , Esq. of GeorgeTown, Demerara, concerning despatch of  a collection of insects made in the interior of British Guiana for the Society.

10 December, 1836 Bedford Square F.W. to A.H.H. thanks Haliday for drawings, requests news of Mr. Templeton [Robert Templeton] and the Belfast Natural History Society

1836

….."the want of a fixed principle in regulating the assumption of an old generic name for some one or other of the types into which the researches of recent naturalists have rendered it necessary to partition many old and extensive genera…….The drawings have all been taken from - original specimens in the Royal Museum Berlin  and, though but few of the species can be said to be entirely new, yet many of them have been hitherto but slightly known, or imperfectly described".

Arnos Grove , Southgate 8 March 1837 ... Mr Darwin (grandson of the celebrated doctor Darwin) who has been travelling for the few past years through the E and W coasts of South America and the Pacific Isles and N. Holland and has made numerous interesting discoveries in geology and zoology—has lately returned to England with his collections—He has entrusted the insects to Waterhouse who will describe the Coleoptera. I was so interested in the chalcidites [ that I have acceded to W's request that I should describe them. He is at a loss what to do with the Muscidae, Ichneum adscits, Thrips (of which there are some titans  half an inch long) etc—and wishes me to offer them to you to describe in whatever Ent work you please, he would like to have an answer soon. I think you will find them very interesting and we can easily send them to you.  Francis Walker to Haliday

27 May 1837 Arnos Grove My Dear Haliday, I have delayed writing to you till I could procure some of Darwin's insects to accompany my package. Waterhouse has been very busy so he requested me to pick out and mount some. Having done this I sent you a few near a fortnight ago per Belfast steamer, with the other insects that I promised, also one parcel from Mr Curtis and two from Mr Rudd. Waterhouse requests that you will keep the No. attached to each lot as Darwin has MSS notes attached to some. He will I believe make an application to government to patronize the publication of his travels, if he succeeds all these specific descriptions will of course be included therein I do not remember any recent works on Hymenoptera or Diptera of the regions where Darwin has travelled. There may be a few in the 10th Vol of the Encycl. Method. [Encyclopédie Méthodique. . . Paris & Liege, 1789–1828]. and in Fabr [ Syst Piezat Fabricius, J.C., Systema Piezatorum. . ., Brunsvigae, 1804. which I will send to you if you have them not. [Later in this letter Walker arranges to take specimens to the Liverpool meeting, in September, of the British Association for the Advancement of Science of which they were both Life Members].

February 1836 Bedford Square F.W. to A.H.H. sends The Rev Hope’s thanks and his own for gift [by AHH to Entomological Society of specimens of 69 Species of Hymenopterous and Dipterous Insects described in the Entomological Magazine]

October 2nd, 1837 49 Bedford Square Draws Haliday's attention to Directions for collecting Zoological, Botanical, and Geological Specimens by Mr. Children, Esq.and his own election as an Ordinary Member of the Society. Encourages AHH to seek election.

49 Bedford Square 19 December 1837 “I have told Darwin and Waterhouse about the Diptera and they have looked out some more for you and will have them ready in a few days and I will send them to you before a month hence, also a parcel which Curtis tells me he has ready for you” Francis Walker to Haliday.[Letter shows Walker and Haliday met in Liverpool] ……..I now have a lot of MSS waiting to be published in the Ent. Mag., and I must send the description of Darwin's Chalcidites to the Linn. Society or elsewhere……. I will write to you again when Darwin's insects are ready and will send the parcel to the Belfast steamer office directed to Mr Gordon for you.

1838 {Paris] It is true, they have no Linnaean Society, no Zoological Society, no Ornithological Society. They have, however, the Jardin des Plantes, where are combined in one locality the zoological and horticultural gardens, and the national museum, of our own country, and where gratuitous admission cannot but extend a much wider desire for a knowledge of the objects oberved in such establishments, than is diffused by exhibitions to which the public at large have not access.

February 4 1838 Bedford Square Francis Walker to A.H.H. in RIA refers to Walker becoming a Council Member [he was also made a Vice president] of the Entomological Society in January and to the societies growing insect collections and to Spinola’s Essay [Essai sur les Genres d'Insectes appartenants a I'Ordre des Hemipteres et a la Section des Heteropteres. 1 vol. 8vo. Genoa. 1837]

17 February post-marked 1838 I have hitherto delayed replying to your letter of December last that I might obtain as many as possible of Darwin's Diptera etc to form part of the parcel that I have just forwarded to you.' [letter discusses some of the insects which are in the parcel] …. In the box also are all Darwin's Diptera yet unpacked. He has plenty more but they are in little boxes mixed with other insects and he is about to have them all mounted and then sorted. Those from the Galapagos [ are all the Diptera I have found among the insects yet mounted. The man employed unfortunately put them into water but he will know better in future. Though the Galapagos are situate under the line yet the insects found therein are very like those of the temperate climes and so it is with other little isles that are far from the mainland……….. I have placed a few of Darwin's chalcids in the box for your examination. Figures of some of them would be very interesting excepting No. 1 they all appear to belong to the family Eucharidae of which I have seen no European specimens. In the structure of the head, antennae and abdomen they much resemble Figites etc……. The steamer with the box will leave London tomorrow. Have you determined where you will publish Darwin's insects? I have got ready enough MSS in British Chalcid to last the Ent. Mag. for a couple of years and I wish to publish Darwin's Chalcids somewhere else.

29 July 1839 "yet it is a duty I owe to the public that my writings should be wound up and revised and clearly systematized. I am well aware that the time which you are able to set aside for entomology is already fully occupied yet I cannot refrain from requesting your assistance.  My descriptions of Darwins Chalcides are printed and will be published immediately. I have all the specimens in my possession and I will forward them to you together with all my own collection and they will be speedily followed by the few remnants that I have left. you are quite welcome to retain mine as long as you feel inclined and what I ask of you is in plain words that you will point out my errors, supply my omissions, reunite the species that I have cut up and divide into groups the overpopulous and disordered genera. Your drawings of the genera would be most suitably accompanied by such an essay . . . . I have about half a dozen more of Darwins insects for you. Francis Walker [The drawings referred to subsequently appeared in The Entomologist [ Walker, 1840–42].

15 July 1837 Arnos Grove Southgate

“My Dear Haliday, I have received your kind letter announcing the safe arrival of the insects etc. I am sorry to hear that your health has suffered and I fear that this is partly occasioned by working too closely at the minute Hymenoptera which I have inflicted upon you. I well remember to have seen a figure of Dicera and to have been stuck with its singularity, but I did not recognise it among Darwins insects of these U have a few more Diptera etc. for you which I had set before I received your letter. Darwin still has multitudes of them, and if I can procure them from Waterhouse before I leave I will bring them in pill boxes as you advise ………… Almost all I have seen of Darwins Diptera are as minute as those that you have. Chalcidites are also generally remarkable for their identity with the British forms. And the same may be said of the Coleoptera among which the species of Scymnus are very numerous. On a recent coral isle [St. Pauls [] the only insects were bird parasites and a few Coprophagi such as a Staphylinus (Philonthus or Quedius) etc. Another isle the only species of insect was a small ant.

Date? I have now a lot of Mss. waiting to be published in the Ent. Mag. And I must send the description of Darwin’s Chalcidites to the Linn. Soc. Or elsewhere ” Francis Walker to Haliday Royal Entomological Society of London library.

“I have placed a few of Darwin’s chalcids in the box for your examination. Figures of some of them would be very interesting excepting No. 1 they all appear to belong to the family Eucharidae of which I have seen no European specimens. In the structure of the head, antennae and abdomen they much resemble Figites etc.” Francis Walker to Haliday Royal Entomological Society of London library.

I thought you might possibly not be aware of the existence of a book published this year by Nees von Esenbeck on the Ichneumones Adscits. Many species of Aphidius, Microgaster, Bracon and Alysia are therein described. If you have this book and wish to possess it and you will indicate unto me how to transmit it I shall be happy to procure it and forward it to you” – letter FW to AHH. Nov 5 1834. “I saw Mr Curtis today – he requested me to be remembered to you and to mention that he had forwarded a microscope for you” – Ibid. “The editor of the Entomological Magazine will be glad to learn whether it is your intention to favour him with an article for the January No. – Ibid.

Your promise of an essay on the genus Leiophron induced me to write to you to offer to transmit my species of that genus to you … I have lately placed my minute Ichneumones in boxes and I request permission to send them for your inspection – I cannot think of troubling you with them unless you will promise to keep them as many years as is convenient to you and to take all the species that are not already in your collection. If you will undertake this examination they shall be immediately forwarded to you – they are all arranged in species though not in genera but few I am sorry to say are named. I hope soon to have the pleasure of sending a set of the insects I collected ....[Material from Walker’s trip to the North Cape and Alteen in the schooner Harriet from which he returned through Sweden and Denmark]to you and another to the Belfast Museum” (Walker to Haliday Jan 13 1837).

having determined to publish descriptions of the British species of Platygaster sometime in next month (Feb) and recollecting that you kindly offered me your assistance in this task. I write to opine you that I shall gratefully acknowledge any information respecting them” FW to AHH letter dated Jan 12 1835

“I ought to be very grateful for the trouble you have taken to illustrate my monograph and in accepting your services I hold myself to be under great obligation to you. I am much pleased with your plate – it illustrates all the most remarkable forms of Platygaster and I agree with you that typical species and those which recede furthest from them make the most useful figures …. I will have your plate engraved very shortly for I wish to publish the Platygaster before the end of July”. FW to AHH letter May 20, 1835 [In the remarks introducing this paper Walker writes “In the first volume of the Entomological Magazine there is an excellent methodical arrangement of these and together minute Hymenoptera by Mr Haliday who by the loan of his Mss and collection contributed much to the following descriptions.” ]]

“In the past few years I have felt my incompetency to form a good general systematic arrangement of the Chalcidae and I am the more convinced of this whenever I describe a new species and my other pursuits will not suffer me to give undivided time or attention to these creatures and the remarks in your last letter and the Mss which you sent me have fully shown me how much greater your knowledge of the general and comparative groups of Chalcidae and of the relations which they bear to the other groups of Hymenoptera is that mine …… yet it is a duty I owe to the public that my writings should be wound up and revised and clearly systematized. I am well aware that the time which you are able to set aside for entomology is already fully occupied yet I cannot refrain from requesting your assistance. My descriptions of Darwin’s Chalcides are printed and will be published immediately. I have all the specimens in my possession and I will forward them to you together with all my own collection and they will be speedily followed by all the remnants I have left. You are quite welcome to retain mine as long as you feel inclined and what I ask of you is in plain words that you will point out my errors, supply my omissions, reunite the species that I have cut up and divide into groups the over-populous and disordered genera. Your drawings of the genera would be most suitably accompanied by such an Essay” letter Walker to Haliday July 29 1839).

June 4th, 1838 Arnos Grove Notes Mr. Stephens [James Francis Stephens President] was in the Chair for a meeting of the and announced that the Society had purchased Curtis's British Entomology. Also busts of Reaumur and Latreille, purchased by the Society, and lately arrived from Paris were placed as ornaments in the meeting room.

April 20 1839 Arnos Grove refers to election of Mr. Templeton [Robert Templeton] as a Corresponding Member [[of the Entomological Society and his residence in Ceylon [elected April 1 1839]

undated c 1845 conveys Mr Newport's [George Newport] thanks for A.H.H. 's donation of specimens of Pseudopsis sulcatus - Arpedium subpubescens-Pelophila Borealis and box of  various minute Diptera and Hymenoptera conveys best thanks also of William Wing.

14 December 1840 Arnos Grove ‘I attended the last meeting of the Ent. Society. Schomburgh (who is about to start again for S. America) was there, & a communication from him was read on the flights of emigrating butterflies sometimes seen in S. America, he calculated that upwards of fifty thousand million past him on one day, they all pursued the same course over the tree tops, & when they came to a stream they invariably descended to its surface & rose again having crossed it. Their caterpillars mixed with cassavas or turtle’s eggs form part of the food of the natives. It was said also that in some parts of N. Holland after the rainy season immense herds of caterpillars appear & destroy all vegetation before them, they also are the food of the natives of two birds, a hawk & an ibis. This was observed by Gould who has lately returned from N. Holl. & has brought with him some new Kangaroos & many new birds, & has just commenced publishing figures & descriptions of them.’

Sent [1842] Handwritten copy of On the Linneean Species of Staphylinus, a Genus of Coleopterous Insects. By J. O. Westwood, F.L.S. &c. [1840 March, 1841] Sent 7 November 1845 insects from Mexico for Dublin University accompanying letter refers to the Rev Hopes gift [ To Entomological Society] of a portrait of Bonelli, two glazed book cases, a large rolling map of the World, fixed in the Meeting Room of the Society and also a glazed and framed Portrait of Linnaeus, placed over the President's Chair in the Meeting Room. January 1850 letter refers to events in Europe hindering travel  attached receipt for Transactions [of Entomological Society] [at Members price] dispatched to Genoa. Printed

Vol. I. Part I. 1834, with seven plates 5s. 6d. Vol. I. Part II. 1835, with six plates 5s. 6d. Vol. I. Part III. 1836, with eleven plates 8s. Vol. II. Part I. 1837, with eight plates 6s. Vol. II. Part II. 1838, with four plates 3s. 6d. Vol. II. Part III. 1839, with five plates 3s. 6d. Vol. II. Part IV. 1840, with five plates 4s. 6d Vol. HI. Part I. 1841, with six plates 4s. Vol. III. Part II. 1842, with two plates 3s. 6d. Vol. III. Part III. 1842, with four plates 3s. 6d. Vol. IIL Part IV. 1843, with four plates 5s. Vol. IV. Part I. 1845 4s. 6d. Vol. IV. Part II. 1845 3s. Vol. IV. Part III. 1846 with four plates 3s. Vol. IV. Part IV. 1847, with six plates 3s. 6d. Vol. IV. Part V. 1847, with four plates 2s. 6d.

September 19 1849 Highgate Thanks Haliday profusely for his Ms additions to List of the specimens of homopterous insects in the collection of the British Museum and sends AHH proofs of the text.[Note Order III. PHYSAPODA.(Compiled [entirely] from Mr. Haliday's MSS.)]

April 24 1852 Letter head Walker, Francis, Esq., F.L.S, Rectory House, Angel Row,Highgate. Letter concerns progress on List of the specimens of homopterous insects in the collection of the British Museum and mentions Mr Gray [John Edward, Gray]].

 * June 1852 Arnos Grove Notes on the Saunder's Collection

10th December 1853 Arnos Grove Mr. Curtis exhibited some Hymenoptera and Diptera received from M. Dufour and Signor Passerini, as typical specimens of species described in the " Annales de la Societe Entomologique de France." In the box, also, was Tryphon nigriceps, Grav., a species new to this country…..Tryphon rufulus of Stephens is the male of T. rufus. These species, from the form of the petiole, belong decidedly to the genus Mesoleptus, which Gravenhorst hints at in his work ; but the multitude of exceptions to the characters of the genera proposed in the systematic tables, show how imperfect the tables are........ Mr. Wallace read the concluding portion of "Notes on the Habits of the Butterflies of the Amazonian Valley." and, as an aside, touched on his Narrative[A Narrative of Travels on the Amazon and Rio Negro, with an Account of the Native Tribes] by way of it’s advertisement.

January 1854 It is to be hoped that Mr Forster’s Mngrph. [[Hymenopterologische Studien. II . Chalcidiae und Prototrupii. Aachen] will not remain in [his/the?] German alone… Appended list of "Desiderata" -Dyschirius ohscurus;Carabus arvensis;Leistus montanus;Nebria complanata;N. borealis;Chlaenius holosericeus;Pterostichus aterrimus;P. gracilis;Amara brunnea;Bradycellus cognatus;Bembidium bruxellense;B.pallidipenne

January 3 1855 Urges AHH to undertake and implement organisation of a synonymy quoting in full The Entomological Society of Paris has ordered a book to belaid on their table, with a request that any one will correct the generic and specific names of insects, and show which ought to be the established name. This appears to me to be so judicious and useful, that I trust the same plan may be adopted by our Society,for I am convinced that questions which appear too trifling to be brought before the Society may thus be speedily, fairly and satisfactorily disposed of to the great advantage of science. If my suggestion should be acted upon, it will be necessary at certain periods for a committee to review the entries made in the book,and to print the names which it may appear just and right to them to be adopted, copies of which should be forwarded to the Paris and other principal Societies with which the Entomological Societynof London is in correspondence, in order that they may have an opportunity of giving their opinions ; and thus we might obtain what is most essential,—a nomenclature universally adopted [Curtis, J. 1854. Descriptions of two species of the genus Hemerobius of Linnaeus, new to this country, with remarks on the nomenclature of Coniopteryx, and on Orthotaenia buoliana, etc. Transactions of the Entomological Society of London. 3:56-60] also asks for Paris addresses

Proof of Article—British Entomology. Nos. 111 -116, By John Curtis, F. L. S. We never recollect addressing ourselves to a task which we so heartily wished to avoid, as that on which we are now about to enter ; nothing but the call of imperative duty could induce us to undertake it. We have been angry, but we shall not commit ourselves ; the first burst of indignation has passedaway, and in sorrow, in deep sorrow, do we ascend the tribunal which we are compelled to occupy, and judge between the offender and the offended.Most of our readers are already aware of the painful subjectto which we allude ; it is one of those unwarrantable attacks of one author on another which, for years past, have occasionally disgraced the paths of science, and, in this instance,it appears under the peculiarly aggravated circumstances of being unfounded in truth, and perpetrated at a time when misfortune had entitled the subject of the attack to universal sympathy.Mr. Curtis has thought proper to publish, as an appendageto a description of Cercopis *, merely, as he says, because" there is space for an observation or two," a charge against Mr. Stephens, that, in the second edition of the Nomenclature,he has " copied column after column from the Guide," adopted the plan of the Guide," and made the Nomenclature" rather a second edition of the Guide than of the Nomenclature: " than the first and last of these charges, we nevermet with more gratuitous or untenable assertions : we pronounce this after having compared the two works word for word. With regard to the plan, i. e. in the addition of consecutive numbers to the genera and species, and the adoption of the mode of printing, Mr. Stephens has, we are aware,imitated ; he could not have done otherwise ; but in what manner this is an injury to Mr. Curtis, we defy human ingenuityto point out. Is it not the every-day custom to adopt any new mode or fashion in the getting up of a book ? The only portions of the two works which bear any similarity are those in which the Ichneumonidae occur, and the cause of the similarity here is, not that either has copied from the other, but that both have copied from another work, " Gravenhorst's Ichneumonologia," [to which Stephens,Curtis, Haliday, Walker and Hope were all subscribers] and this surely can be no just cause of complaint ; the right of copying a foreign work cannot be confined to a single individual.The cruel allusion to the affair with Rennie,—an affair which we consider reflects any thing but credit on the laws of this country, is the most unfeeling of all, and betrays a spirit of deep-rooted animosity and revenge which lowers our opinion of our kind. We presumed that the circumstances under which Mr. Stephens was placed had rendered him an objectof kindly feeling with all scientific men ; we imagined that self-respect would have prevented a Briton from striking another in distress ; we supposed British honour would have ourselves,—we have been leaning on a reed.How strenuously, how enthusiastically, have we laboured to eradicate the base and injurious party-spirit which has so long pervaded the paths of science ;—and is this the fruit ? is this the brotherly spirit we invoked ? is this the endeavour, of which we urged the necessity, to forgive the past and to avoid offence for the future ?We see no termination to the mischief now a-foot : we seethat a fresh question may now, in self-defence, be agitated:we see that Mr. Curtis's title to the copyright of this List maybe examined ; this attack is a fair challenge to the inquiry.We fear that Mr. Curtis will find that he had better, far better,have committed the whole copy of that tainted number to the flames, than have ventured to risk it on the excited wave ofpublic opinion.

 * As there is space for an observation or two, I wish in justice to myself to state, that I am preparing a second edition of my Guide, which cannot fail to resemble Mr. Stephens's Nomenclature, for this palpable reason,—that he has not contented himself with correcting it from my Guide, andcopying column after column from it, but he has actually adopted the style and plan of my work : so that his book now hears the exact resemblance of mine, and is rather a second edition of my Guide than of his Nomenclature ;—a very modest act for one who has brought an action against another for the same trespass! I may add, that when I began my Guide, Mr. Stephens, I believe, had no idea of printing a Nomenclature; I therefore could have no intention of interfering with his undertaking ; and in truth my little Guide could not affect the sale of his ponderous Catalogue, and that was not published when the first sheet of the Guide appeared. From the assistance promised me by some of our ablest entomologists,I hope to make the second edition of my Guide much better than that parasite which has been grafted upon it, and to render it by far the most useful and complete Catalogue of British bisects that has ever appeared.


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Page:Earle, Liberty to Trade as Buttressed by National Law, 1909 16.jpg

 by its means and necessities! Then why was not the meaning of the word just what it naturally meant? Why should it not be construed as prohibiting the power of "sole sale" or "sole purchase" in national commerce? Is it not an evil that a single person or combination can regulate every interstate transaction in a necessity of life, thus usurping the power of Congress in that respect totally and completely? The question is but asked. Mr. Justice Peckham so thinks: "Nor is it for the substantial interests of the country that any one commodity should be within the sole power and subject to the sole will of one powerful combination of capital."

The industry and ability of Professor Stimson ("Federal and State Constitutions") excludes at least one reason for negative answer, and the statute of James another.

"Sole buying, selling, making, working or using of anything" was certainly denounced by that statute. It is asserted that the common law only prohibited these, as explained by Lord Coke, when resulting from exclusive grants, etc. But that is not so.

As demonstrated by Professor Stimson, the trade of the middle ages being controlled by corporations, or guilds, restraints, then, were generally by so-called "ordinances" or "by-laws;" and these were prohibited by a declaratory statute in 1436, the statute being against by-laws in restraint of trade, "by persons in confederacy for their singular profit and the common damage of the people." This statute was again reënacted in 1503. That