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 scene, I could not help feeling with renewed force a truth, trite enough, yet ever impressive; viz., that it is good to be attracted out of ourselves—to be forced to take a near view of the sufferings, the privations, the efforts, the difficulties of others. If we ourselves live in fulness of content, it is well to be reminded that thousands of our fellow-creatures undergo a different lot; it is well to have sleepy sympathies excited, and lethargic selfishness shaken up. If, on the other hand, we be contending with the special grief,—the intimate trial,—the peculiar bitterness with which God has seen fit to mingle our own cup of existence,—it is very good to know that our overcast lot is not singular; it stills the repining word and thought,—it rouses the flagging strength, to have it vividly set before us that there are countless afflictions in the world, each perhaps rivalling—some surpassing—the private pain over which we are too prone exclusively to sorrow.

"All those crowded emigrants had their troubles,—their untoward causes of banishment; you, the looker-on, had 'your wishes and regrets,'—your anxieties, alloying your home happiness and domestic bliss; and the parallel might be pursued further, and still it would be true,—still the same; a thorn in the flesh for each; some burden, some conflict for all.

"How far this state of things is susceptible of amelioration from changes in public institutions,—alterations in national habits,—may and ought to be earnestly considered: but this is a problem not easily solved. The evils, as you point them out, are great, real, and


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 most obvious; the remedy is obscure and vague; yet for such difficulties as spring from over-competition, emigration must be good; the new life in a new country must give a new lease of hope; the wider field, less thickly peopled, must open a new path for endeavour. But I always think great physical powers of exertion and endurance ought to accompany such a step I am truly glad to hear that an original writer has fallen in your way. Originality is the pearl of great price in literature,—the rarest, the most precious claim by which an author can be recommended. Are not your publishing prospects for the coming season tolerably rich and satisfactory? You inquire after 'Currer Bell.' It seems to me that the absence of his name from your list of announcements will leave no blank, and that he may at least spare himself the disquietude of thinking he is wanted when it is certainly not his lot to appear.

"Perhaps Currer Bell has his secret moan about these matters; but if so, he will keep it to himself. It is an affair about which no words need be wasted, for no words can make a change: it is between him and his position, his faculties and his fate."

My husband and I were anxious that she should pay us a visit before the winter had set completely in; and she thus wrote, declining our invitation:—

1em

"If anybody would tempt me from home, you would; but, just now, from home I must not, will not go. I feel greatly better at present than I did three weeks

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1901 I published "The Burmese Calendar." It was written in Ireland, and in the preface I admitted that I had not had access to the best sources of information. I can claim that the book was not inaccurate, but it was incomplete. I have since made the acquaintance of the chief Ponnas in Mandalay, and have learned a good deal more on the subject of the calendar, chiefly from U Wizaya of Mandalay and Saya Maung Maung of Kemmendine, to whom my acknowledgments are due. I therefore contemplated issuing a second edition, but when I applied myself to the task of revision I found it was desirable to re-write a good deal of the book, and to enlarge its scope by including the Arakanese Calendar. The title of the book therefore changed.

My object has been to make the book intelligible and useful to both Europeans and Burmans. This must be my excuse if some paragraphs seem to one class or another of readers to enter too much into elementary details.

I have endeavoured firstly to describe the Burmese and Arakanese Calendars as they are. Secondly, I have shown that an erroneous estimate of the length of the year has introduced errors which have defeated the intentions of the designers of the calendar, and I have made suggestions for reform. Thirdly, I have compiled tables by which English dates may be translated into Burmese dates and vice versa.

Table I for past years and Tables II and III for future years embrace a period of 262 years. For any day within this period the Burmese date equivalent to the given English date, or vice versa, may readily be ascertained by the use of Table IX, combined with Table I or II or III as the case may be. The method is described in the notes on Table IX at page 39.


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earl of Huntingdon, living in the vicinity of a royal forest, and passionately attached to the chase from his infancy, had long made as free with the king's deer as Lord Percy proposed to do with those of Lord Douglas in the memorable hunting of Cheviot. It is sufficiently well known how severe were the forest-laws in those days, and with what jealousy the Kings of England maintained this branch of their prerogative; but menaces and remonstrances were thrown away on the earl, who declared that he would not thank Saint Peter for admission into paradise, if he were obliged to leave his bow and hounds at


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 ago. For a month or six weeks about the equinox (autumnal or vernal) is a period of the year which, I have noticed, strangely tries me. Sometimes the strain falls on the mental, sometimes on the physical part of me; I am ill with neuralgic headache, or I am ground to the dust with deep dejection of spirits (not, however, such dejection but I can keep it to myself). That weary time has, I think and trust, got over for this year. It was the anniversary of my poor brother's death, and of my sister's failing health: I need say no more.

"As to running away from home every time I have a battle of this sort to fight, it would not do: besides, the 'weird' would follow. As to shaking it off, that cannot be. I have declined to go to Mrs., to Miss Martineau, and now I decline to go to you. But listen! do not think that I throw your kindness away; or that it fails of doing the good you desire. On the contrary, the feeling expressed in your letter,—proved by your invitation—goes right home where you would have it to go, and heals as you would have it to heal.

"Your description of Frederika Bremer tallies exactly with one I read somewhere, in I know not what book. I laughed out when I got to the mention of Frederika's special accomplishment, given by you with a distinct simplicity that, to my taste, is what the French would call 'impayable.' Where do you find the foreigner who is without some little drawback of this description? It is a pity."


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 A visit from Miss Wooler at this period did Miss Brontë much good for the time. She speaks of her guest's company as being "very pleasant," "like good wine," both to her father and to herself. But Miss Wooler could not remain with her long; and then again the monotony of her life returned upon her in all its force; the only events of her days and weeks consisting in the small changes which occasional letters brought. It must be remembered that her health was often such as to prevent her stirring out of the house in inclement or wintry weather. She was liable to sore throat, and depressing pain at the chest, and difficulty of breathing, on the least exposure to cold.

A letter from her late visitor touched and gratified her much; it was simply expressive of gratitude for attention and kindness shown to her, but it wound up by saying that she had not for many years experienced so much enjoyment as during the ten days passed at Haworth. This little sentence called out a wholesome sensation of modest pleasure in Miss Brontë's mind; and she says, "it did me good."

I find, in a letter to a distant friend, written about this time, a retrospect of her visit to London. It is too ample to be considered as a mere repetition of what she had said before; and, besides, it shows that her first impressions of what she saw and heard were not crude and transitory, but stood the tests of time and afterthought.

"I spent a few weeks in town last summer, as you


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 have heard; and was much interested by many things I heard and saw there. What now chiefly dwells in my memory are Mr. Thackeray's lectures, Mademoiselle Rachel's acting, D'Aubigné's, Melville's, and Maurice's preaching, and the Crystal Palace.

"Mr. Thackeray's lectures you will have seen mentioned and commented on in the papers; they were very interesting. I could not always coincide with the sentiments expressed, or the opinions broached; but I admired the gentlemanlike ease, the quiet humour, the taste, the talent, the simplicity, and the originality of the lecturer.

"Rachel's acting transfixed me with wonder, enchained me with interest, and thrilled me with horror. The tremendous force with which she expresses the very worst passions in their strongest essence forms an exhibition as exciting as the bull-fights of Spain, and the gladitorial combats of old Rome, and (it seemed to me) not one whit more moral than these poisoned stimulants to popular ferocity. It is scarcely human nature that she shows you; it is something wilder and worse; the feelings and fury of a fiend. The great gift of genius she undoubtedly has; but, I fear, she rather abuses it than turns it to good account.

"With all the three preachers I was greatly pleased. Melville seemed to me the most eloquent, Maurice the most in earnest; had I the choice, it is Maurice whose ministry I should frequent.

"On the Crystal Palace I need not comment. You must already have heard too much of it. It struck me


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Since going to press the following errors have been discovered.

Page 7. Paragraph 35. For 365·2687564814, read 365·2587564814.

Page 8. Paragraph 39. Line 7. To the figures 29·530583 add four more places of decimals, viz., 2147. The figures will read, 29·5305832147.

Same page and paragraph. Line 8. For 5·846, read 58·46.

Page 16. Paragraph 59. For +R/25 read -R/25

Page 25. Footnote. For 450 read 479.

Page 72. Columns 5 and 6. The figures 97 1 should be one line lower down, opposite the Burmese year 1291.

The figures 100 3 should be one line lower down, opposite the Burmese year 1307.

The figures 98 4 should be one line lower down, opposite the Burmese year 1337.

I must also admit that in paragraphs 81 and 82 the expression "reduce to days" is not quite correct or appropriate, and may make the paragraphs somewhat obscure. The subject is very briefly and incompletely dealt with in Thandeikta.

Also in paragraph 89 I omitted to give a rule for finding the Thokdadein. It is very simple. The rule in Thandeikta is $$\mathrm{T} = 30 m + n - \frac{m}{2}- \mathrm{Y}$$

In the particular case considered m = 4, and n = 14. $$\therefore \mathrm{T} = 132 - \mathrm{Y}$$

A. M. B. I.


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 at the first with only a vague sort of wonder and admiration; but having one day the privilege of going over it in company with an eminent countryman of yours, Sir David Brewster, and hearing, in his friendly Scotch accent, his lucid explanation of many things that had been to me before a sealed book, I began a little better to comprehend it, or at least a small part of it: whether its final results will equal expectation, I know not."

Her increasing indisposition subdued her at last, in spite of all her efforts of reason and will. She tried to forget oppressive recollections in writing. Her publishers were importunate for a new book from her pen. "Villette" was begun, but she lacked power to continue it.

"It is not at all likely" (she says) "that my book will be ready at the time you mention. If my health is spared, I shall get on with it as fast as is consistent with its being done, if not well, yet as well as I can do it. Not one whit faster. When the mood leaves me (it has left me now, without vouchsafing so much as a word or a message when it will return) I put by the MS. and wait till it comes back again. God knows, I sometimes have to wait long—very long it seems to me. Meantime, if I might make a request to you, it would be this. Please to say nothing about my book till it is written, and in your hands. You may not like it. I am not myself elated with it as far as it is gone, and


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 "Is it really necessary to tell you, M. Poirot?" he asked.

"You are shrewd, M. Papopolous. No, it is not. They are not, for instance, worth five hundred thousand dollars."

Papopolous laughed, and Poirot joined with him.

"As an imitation," said Papopolous, handing them back to Poirot, "they are, as I said, quite excellent. Would it be indiscreet to ask, M. Poirot, where you came across them?"

"Not at all," said Poirot; "I have no objection to telling an old friend like yourself. They were in the possession of the Comte de la Roche."

M. Papopolous’ eyebrows lifted themselves eloquently.

"In-deed," he murmured.

Poirot leant forward and assumed his most innocent and beguiling air.

"M. Papopolous," he said, "I am going to lay my cards upon the table. The original of these jewels was stolen from Madame Kettering on the Blue Train. Now I will say to you first this: I am not concerned with the recovery of these jewels. That is the affair of the police. I am working not for the police but for M. Van Aldin. I want to lay hands on the man who killed Madame Kettering. I am interested in the jewels only in so far as they may lead me to the man. You understand?"

The last two words were uttered with great significance. M. Papopolous, his face quite unmoved, said quietly:

"Go on."


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 "It seems to me probable, Monsieur, that the jewels will change hands in Nicemay already have done so."

"Ah!" said M. Papopolous.

He sipped his coffee reflectively, and looked a shade more noble and patriarchal than usual.

"I say to myself," continued Poirot, with animation, "what good fortune! My old friend, M. Papopolous, is in Nice. He will aid me."

"And how do you think I can aid you?" inquired M. Papopolous coldly.

"I said to myself, without doubt M. Papopolous is in Nice on business."

"Not at all," said M. Papopolous, "I am here for my healthby the doctor's orders."

He coughed hollowly.

"I am desolated to hear it," replied Poirot, with somewhat insincere sympathy. "But to continue. When a Russian Grand Duke, an Austrian Archduchess, or an Italian Prince wish to dispose of their family jewelsto whom do they go? To M. Papopolous, is it not? He who is famous all over the world for the discretion with which he arranges these things."

The other bowed.

"You flatter me."

"It is a great thing, discretion," mused Poirot, and was rewarded by the fleeting smile which passed across the Greek's face. "I, too, can be discreet."

The eyes of the two men met.

Then Poirot went on speaking very slowly, and obviously picking his words with care.

"I say to myself, this: if these jewels have changed hands in Nice, M. Papopolous would have heard of it.


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 He has knowledge of all that passes in the jewel world."

"Ah!" said M. Papopolous, and helped himself to a croissant.

"The police, you understand," said M. Poirot, "do not enter into the matter. It is a personal affair."

"One hears rumours," admitted M. Papopolous cautiously.

"Such as?" prompted Poirot.

"Is there any reason why I should pass them on?"

"Yes," said Poirot, "I think there is. You may remember, M. Papopolous, that seventeen years ago there was a certain article in your hands, left there as security by a veryerProminent Person. It was in your keeping and it unaccountably disappeared. You were, if I may use the English expression, in the soup."

His eyes came gently round to the girl. She had pushed her cup and plate aside, and with both elbows on the table and her chin resting on her hands was listening eagerly. Still keeping an eye on her he went on:

"I am in Paris at the time. You send for me. You place yourself in my hands. If I restore to you thatarticle, you say I shall earn your undying gratitude. Eh bien! I did restore it to you."

A long sigh came from M. Papopolous.

"It was the most unpleasant moment of my career," he murmured.

"Seventeen years is a long time," said Poirot thoughtfully, "but I believe that I am right in saying, Monsieur, that your race does not forget."

"A Greek?" murmured Papopolous, with an ironical smile.

"It was not as a Greek I meant," said Poirot.


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 filled his hat with water, which he sprinkled liberally on the faces of the ladies, and taking out a large smelling-bottle, refreshed their nostrils with its powerful contents, and at last brought them back to life. One after another they opened their eyes, and found, anxiously attending upon them, a well-shaped, gentlemanly-looking man, whose considerate kindness evidently merited their confidence. “I am much distressed, ladies,” said he, “that you should have been insulted in my domains by a fellow who, doubtless, intended to have robbed you; but you are now quite safe. I am Lord Giantdale, and, with your permission, will conduct you to my castle, which is at no great distance.” This invitation was most welcome to the Countess, who joyfully accepted it. The postillion was ordered to drive on, and he obeyed without reply, for he was horribly afraid. In order to leave the ladies at leisure to recover from their alarm, his Lordship went forward, and resumed his place by the side of the postillion, to whom he indicated the road he was to go, now to the right, now to the left; and the latter remarked, with increased agitation, that from time to time the Cavalier called to him one or other of the many bats that were flying about, and gave it some private message, which Flittermouse at once hastened to convey to its destination, wherever that might be.

In less than an hour a light became visible in the


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Lines 13–14: should "court-/yard" be "court-yard" (as p.7), or "courtyard" (as p.34)? -- Yodin T 01:29, 15 February 2024 (UTC)


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 distance, and immediately after, two, and then four; these proceeded from torches borne by huntsmen, who, riding up at a gallop, expressed much joy at having found their master, whom, they said, they had been anxiously seeking. The Countess was now quite at ease, and finding herself out of danger, bethought herself of worthy John, and expressed to her new friend the uneasiness she felt on the poor fellow’s account. His Lordship immediately detached two of his huntsmen to look for the unfortunates who were missing, with orders to afford them all needful assistance. In a few minutes after, the carriage rolled under a large gateway into a spacious court-yard, and drew up before the portals of a magnificent palace, which was all lighted up. Its noble proprietor having assisted the ladies to alight, conducted them through several superb ante-rooms to a grand saloon, where they found a numerous company assembled. The young ladies were not a little disconcerted to find themselves introduced to so brilliant a circle in their travelling clothes, without having had an opportunity to make their toilet.

The preliminary civilities having been gone through, the company dispersed in various groups; some sat down to cards, others danced, others engaged in conversation. There was a great deal of talk, of course, about the recent adventure, and as is usually the case with narrations of dangers passed,


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1868.] with the Divine Spirit, to know, to have the inward consciousness of this that he struggled for nigh ten years. It did not fully come to his soul until he was thirty-five years old. When crossing the Atlantic he fell in with a band of Moravians, and they powerfully influenced his character and life. He records it himself.

"My brother," said the Moravian, "I must first ask you one or two questions. Have you the witness within yourself? Do you know Jesus Christ? Does the Spirit of God bear witness with your spirit that you are the child of God?"

Wesley was surprised and knew not what to answer. Spangenberg observed his embarrassment and asked: "Do you know Jesus Christ?" "I know he is the Saviour of the world," replied Wesley. "True," rejoined the Moravian; "but do you know that he has saved you?" "I hope he has died to save me." Spangenberg added, "Do you know it yourself?" "I do," replied Wesley—but he adds, "I fear they were mere words."

All his life Wesley strove after this simple but profound faith, the child of love, which so marked these Moravian brethren. And at the age of thirty-five it came upon him like an influx from heaven. If God be indeed the Great Father of men, it is impossible that he should not love us, and it might seem impossible that we should not love him. But there is something as yet incomprehensible about it; and the human soul seems to be imprisoned in a "muddy vesture" of low or earthly desires, which in some mystic way must be pierced or broken before the soul or spirit of man can wholly feel the entrance of the Divine Spirit, and can have that full consciousness or knowledge of harmony with God which Wesley and his friends at last secured. I do not attempt here even to touch any theory or fact as to "conversion;" but I suppose there is hardly any, even the most successful worldly man, who does not again and again confess that "all is vanity and vexation of spirit." There is not a man, even a rich one, who would not welcome that divine change, which, inspiring him with a faith and knowledge of the universal and perfect love of God, would enable him to bear all and to do all, in full confidence that it was for the best, because it was the will or wish of the Great Father. If such preaching, to produce such results, would be acceptable and consoling to the rich and prosperous, with what a mighty force might it not be borne in upon the hearts of the poor and wretched, the weak and the afflicted!

It was this doctrine which Wesley preached in the slums of London, in the mines of Cornwall and Newcastle; and it is this which has been preached by all the class-leaders and exhorters and travelling preachers of this Methodist Church ever since; and with wonderful power and effect. Now bear it in mind that to preach this vital truth, it does not require that a man should be a scholar, that he should have studied the whole "Body of Divinity," that he should have read the Bible in the Hebrew or Greek, that he should know the derived meaning of words, that he should have all the graces of rhetoric or elocution on the end of his tongue—not at all; he needs, and he only needs, to have had a vital experimental knowledge of "this change" in his own soul, with a fervent, vehement desire to portray to his friends—to all the world—the blessedness which it has brought to him, and which it will surely bring to them if they will but ask for it, will but open their souls to its all-pervading influx.

Not a church in all England was open to Wesley, not five educated preachers were found to coöperate with him, his converts were poor, and were scattered

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 ash-flowers wood-pigeons shook the rain down to the leaves beneath. Amongst the ash trees were hazels, new leaved, their olive stems gloomily shining.

Over all, the ancient beeches stood up with hard sculptured boles supporting storey after storey of branch and shade which were traversed at the top and at the fringes by fair fresh leaves. The rain had run down the main trunks for generations, and made paths of green and black that tried to gleam. Here and there, low down, the beeches extended long priestly branches clothed in leaf, still and curved, to call for silence in the cool, shadowy, crystal air.

Far away among the branches whitened the chalk cliffs. On this side and on that, immense mossy boulders made tables for thrushes and cast perfect shadows.

High up in the beeches, the invisible wood-wrens sang, and their songs were as if, overhead in the stainless air, little waves of pearls dropped and scattered and shivered on a shore of pearls. Below them the wood-pigeons began to coo—with notes that were but as rounded bubbles emerging from the silence and lost again. Just within hearing, in the hawthorn hedge of the wood, blackbirds were singing: they opened with the most high, arrogating notes that slowly rolled on to noble ends, when suddenly they laughed and ceased; again and again they began so, and again and again they laughed, as if they had grown too wise to believe utterly in noble things. As we went deeper into the wood they ceased, and those moist shades welcomed us as if they held what we desired.

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 There was a silence, and then the old man drew him self up proudly.

"You are right, M. Poirot," he said quietly. "I am a Jew. And, as you say, our race does not forget."

"You will aid me then?"

"As regards the jewels, Monsieur, I can do nothing."

The old man, as Poirot had done just now, picked his words carefully.

"I know nothing. I have heard nothing. But I can perhaps do you a good turnthat is, if you are interested in racing."

"Under certain circumstances I might be," said Poirot, eyeing him steadily.

"There is a horse running at Longchamps that would, I think, repay attention. I cannot say for certain, you understand; this news passed through so many hands."

He stopped, fixing Poirot with his eye, as though to make sure that the latter was comprehending him.

"Perfectly, perfectly," said Poirot, nodding.

"The name of the horse,” said M. Papopolous, leaning back and joining the tips of his fingers together, "is the Marquis. I think, but I am not sure, that it is an English horse, eh, Zia?"

"I think so too," said the girl. Poirot got up briskly.

"I thank you, Monsieur," he said. "It is a great thing to have what the English call a tip from the stable. Au revoir, Monsieur, and many thanks."

He turned to the girl.

"Au revoir. Mademoiselle Zia. It seems to me but


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 The trees were very old; their leaves were fresh and wet as when beauty and joy shed a few tears. The soil was centuries deep in black beech mast; the herbage seemed to have been born from it in that very hour. The boulders had stood among the primroses so long that the thrushes had chiselled shallow cups in them as they fed there in the mornings; they were embossed with the most tender green and golden moss. The shadows were as solemn and imperturbable as to a child a cathedral, when he first steps into its solitude alone, and a god is created anew out of his marvelling; and yet the hems of their mantles, where they swept the ground, disclosed a flashing underside of crystals newly-born. And for ourselves—we seemed to be home from a long exile, and the pains of it, such as they were, turned like the shadows into crystal. Here, then, was the land to which had fled those children who once bore our names, who were our companions in the days when sunshine was more than wine had ever been since, and they left us long ago, not suddenly, but so strangely, that we knew not that they were far off; hither those children had fled, and their companions of that time; here they had been hiding these many years; abiding here they had become immortal in the green-fledged antique wood, and we had come back to them. Perhaps they recognised us: perhaps they re-entered these bodies of ours. For once more the cuckoo was clear, golden, joyous. When we heard the blackbird again we did not quarrel with the laugh at his own solemnity, since it was not there. It was not memory, nor hope. Memory perished, and hope that never rests lay asleep; and winds blew softly from

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 yesterday that I saw you in Paris. One would say that two years had passed at most."

"There is a difference between sixteen and thirty-three," said Zia ruefully.

"Not in your case," declared Poirot gallantly. "You and your father will perhaps dine with me one night."

"We shall be delighted," replied Zia.

"Then we will arrange it," declared Poirot, "and now—je me sauve."

Poirot walked along the street humming a little tune to himself. He twirled his stick with a jaunty air, once or twice he smiled to himself quietly. He turned into the first Bureau de Poste he came to and sent off a telegram. He took some time in wording it, but it was in code and he had to call upon his memory. It purported to deal with a missing scarf-pin, and was addressed to Inspector Japp, Scotland Yard.

Decoded, it was short and to the point. "Wire me everything known about man whose soubriquet is the Marquis."


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 290 Division, AGAO-O (M) 322 (27 Jun 60) DCSPER, and Ltr, TAG to CG, Fifth U.S. Army, 30 Jan 62, sub: Inactivation of 9th Infantry Division and 9th Military Intelligence Detachment, AGAO-O (M) 322 (23 Jan 62) DCSPER, 9th Inf Div file, DAMH-HSO; Historical Data Cards for the 1st, 2d, 3d, 4th, 7th, 8th, 9th, 24th, and 2Sth Inf Divs, the 2d, 3d, and 4th Armd Divs, and 1st Cav Div, DAMH-HSO; United States Defense Policies in 1959 (Washington, D.C.; Government Printing Office, 1964), p. 32; Annual Report of the Secretary of the Army, July 1, 1959, to June 30, 1960, p. 143; Skaggs, "The KATUSA Experiment," p. 55.

$47$ John W. Bowen, "Reorganizing the Reserve Components," Army Information Digest (Nov 1959): 11–15; Annual Report of the Chief, National Guard Bureau, FY 1960, p. 33; Fact Sheet on Department of the Army Revised Plan for Reorganization of the United States Army Reserve, undated, Army Reserve file; Ltr, TAG to CG, Sixth U.S. Army, 31 Mar 59, sub; Reorganization of the 63d Infantry Division, AGAO-O (M) 322 (16 Mar 59) RES, Ltr, TAG to CG, First U.S. Army, 7 Apr 59, sub: Reorganization of the 77th Infantry Division, AGAO-O 322 (20 Mar 59) RES, Ltr, TAG to CG, Second U.S, Army, 17 Mar 59, sub; Reorganization of the 79th Infantry Division, AGAO-O (M) 322 (2 Mar 59) RES, Ltr, TAG to CG, Third U.S. Army, 10 Apr 59, sub: Reorganization of the 81st Infantry Division, AGAO-O (M) 322 (26 Mar 59) RES, Ltr, TAG to CG, Second U.S. Army, 19 Mar 59, sub: Reorganization of the 83d Infantry Division AGAO-O (M) 322 (2 Mar 59) RES, Ltr, TAG to CG, Fourth U.S. Army, 19 Mar 59, sub: Reorganization of the 90th Infantry Division, AGAO-O (M) 322 (3 Mar 59) RES, Ltr, TAG to CG, First U.S. Army, 6 Apr 59, sub: Reorganization of the 94th Infantry Division, AGAO-O (M) 322 (16 Mar 59) RES, Ltr, TAG to CG, Sixth U.S. Amy, 29 Apr 59, sub: Reorganization of the 96th Infantry Division, AGAO-O (M) 322 (10 Apr 59) RES, Ltr, TAG to CG, Fifth U.S. Army, 11 May 59, sub: Reorganization of the 102d Infantry Division, AGAO-O (M) 322 (1 May 59) RES, Ltr, TAG to CG, Fifth U.S. Army, 20 Apr 59, sub: Reorganization of the 103d Infantry Division, AGAO-O (M) 322 (10 Apr 59) RES, Ltr, TAG to CG, Sixth U.S, Army, 30 Apr 59, sub: Redesignation and Reorganization of the 104th Infantry Division, AGAO-O (M) 322 (24 Apr 59) RES, all DAMH-HSO.

$48$ Information Paper, Separate Combined Arms Brigades in the Reserve Components, 30 Apr 85; Lir, NGB to AG, Hawaii, 23 Jan 59, sub: Troop Allotment, Consolidation, Conversion, Redesignation, and Reorganization, Army NG Units, NG-AROTO, Ltr, NGB to AG, Arizona, 4 Feb 59, sub: Reorganization of Army NG 1958–60, NG-AROTO 325.4 Arizona, Ltr, NGB to AG, Puerto Rico. 6 Feb 59, sub: Reorganization of the Army NG 1958–60, NG-AROTO 325.4-Puerto Rico, all National Guard state files, DAMH-HSO.

$49$ Regiments in training divisions were not tactical units, therefore fell outside the Combat Arms Regimental System.

$50$ TOE 29–7T, Division Training, 1959; Fact Sheet, Department of the Army Revised Plans for Reorganization of the United States Army Reserve; see notes, Historical Data Cards for the 70th, 76th, 78th, 80th, 84th, 85th, 89th, 91st, 95th, 98th, 100th, 104th, and 108th Divs (Training), DAMH-HSO.

$51$ Annual Report of the Secretary of Defense, 1959, pp. 169–81.

$52$ DCSPER, The Troop Program of the Army, Annex 1, Troop Bases Data, Current Actions: Strength, 30 Jun 60, pp. 29–35, ACofS Reserve Components, Reserve Components Control Program of the Army, FY 1960, pp. 53–96, Office, Chief of Army Reserve and Reserve Officer Training Corps, "Summary of Major Events and Problems, 1 Jul 60–30 Jun 61," p. 14, all DAMH-HSR; Annual Report of the Chief, National Guard Bureau, Fiscal Year 1960, p. 33; Donald McGowan, "Army National Guard Today," Army Information Digest 15 (Mar 1960): 17.


text:
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Early history, examples, and referencesArbeau's descriptionIntroduced into the French ArmyInto the English ArmyDuties of military fifersTheir positionTemporary disuseReinstatementThe true fifeIn opera.

drum and fife was one of the earliest forms of military music. Even amongst the ancient Greeks the vertical flute seems to have been used largely as a martial instrument, and the Lacedæmonians had a saying that "a good performer on the flute would make a man brave every danger and face even iron itself." This martial character has survived to modern times.

Strictly speaking, a fife is a small cylinder flute, generally unjointed, with six finger-holes and without any keys. It would appear to have been first introduced into military music early in the sixteenth century by the Swiss, who, as the principal mercenary soldiers of the Middle Ages, soon spread the instrument all over Europe. It was first known as the Zwerchpfeiff, Schweitzerpfeiff, or Swiss pipe (for pictures, see Chap. III., p. 30, ante), and is said to have been first used by the Swiss troops in the battle of Marignano (1515). It was also called


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 the Feldpfeiff (of which there were two kinds). Later on it was termed the Almain whistle (Turner so names it in 1683), owing to its being much used by the German troops. A fife of this period, preserved in the Museum of the Brussels Conservatoire, is made of dark brown wood flattened on the upper side, on which the holes are placed. It measures 12.7 inches in length, and has a bore of .37 inch. Its pitch is in B♮. Fifes and drums are depicted in an engraving by Albert Durer, representing the triumph of Maximilian in 1512, also in a picture of the siege of Pavia (now in the Ashmolean Museum, Oxford), painted in 1525. A journal of the siege of Boulogne, 1544, printed in Rymer's Fœdera, mentions "drummes and viffeurs" as marching at the head of the royal army. Waterman, in his Fardle Factions, 1555, says the Turks use "a dromme and a fiphe to assemble their bandes" (ii. xi. 248). Prætorius and Mersenne both depict fife and drum on the same page.

Thoinot Arbeau (whose real name was Jehan Taburet) in 1588 published at Langres a work entitled Orchesographie, in the form of a dialogue between one Capriol and the author, in which he describes at some length these fifes used by the Swiss and Germans, and gives an illustration of a soldier playing one. He says: "D'aultant qu' elle est percée bien estroictement de la grosseur d'un boulet de pistolet, elle rend un son agu" (p. 17). He tells us that the player plays any music he likes, and amplifies it at will; it is enough for him to keep time with the


text:
Village of Belle Terre v. Boraas

A New York village ordinance restricted land use to one-family dwellings, defining the word "family" to mean one or more persons related by blood, adoption, or marriage, or not more than two unrelated persons, living and cooking together as a single housekeeping unit and expressly excluding from the term lodging, boarding, fraternity, or multiple-dwelling houses. After the owners of a house in the village, who had leased it to six unrelated college students, were cited for violating the ordinance, this action was brought to have the ordinance declared unconstitutional as violative of equal protection and the rights of association, travel, and privacy. The District Court held the ordinance constitutional, and the Court of Appeals reversed. Held:

1. Economic and social legislation with respect to which the legislature has drawn lines in the exercise of its discretion, will be upheld if it is "reasonable, not arbitrary," and bears "a rational relationship to a [permissible] state objective," Reed v. Reed, 404 U.S. 71, 76, and here the ordinance—which is not aimed at transients and involves no procedural disparity inflicted on some but not on others or deprivation of any "fundamental" right—meets that constitutional standard and must be upheld as valid land-use legislation addressed to family needs. Berman v. Parker, 348 U.S. 26. Pp. 7–9. [p2]

2. The fact that the named tenant appellees have vacated the house does not moot this case as the challenged ordinance continues to affect the value of the property. Pp. 9–10.

476 F.2d 806, reversed.

, J., delivered the opinion of the Court, in which, C.J., and , and , JJ., joined. , J., post, p. 10, and, J., post, p. 12, filed dissenting opinions.

Bernard E. Gegan argued the cause for appellants. With him on the brief was James J. von Oiste.

Lawrence G. Sager argued the cause for appellees. With him on the brief were Melvin L. Wulf and Burt Neuborne.

title: Village of Belle Terre v. Boraas


text: Category:United States Supreme Court decisions in Volume 416


text: Talk:Village of Belle Terre v. Boraas

title: Talk:Village of Belle Terre v. Boraas


text:
Village of Belle Terre v. Boraas/Opinion of the Court

delivered the opinion of the Court.

Belle Terre is a village on Long Island's north shore of about 220 homes inhabited by 700 people. Its total land area is less than one square mile. It has restricted land use to one-family dwellings excluding lodging houses, boarding houses, fraternity houses, or multiple-dwelling houses. The word "family" as used in the ordinance means, "[o]ne or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit through not related by blood, adoption, or marriage shall be deemed to constitute a family."

Appellees, the Dickmans, are owners of a house in the village and leased it in December 1971 for a term of 18 months to Michael Truman. Later Bruce Boraas became a colessee. Then Anne Parish moved into the house along with three others. These six are students at nearby State University at Stony Brook and none is [p3] related to the other by blood, adoption, or marriage. When the village served the Dickmans with an "Order to Remedy Violations" of the ordinance, the owners plus three tenants thereupon brought this action under 42 U.S.C. § 1983 for an injunction and a judgment declaring the ordinance unconstitutional. The District Court held the ordinance constitutional, 367 F. Supp. 136, and the Court of Appeals reversed, one judge dissenting. 476 F.2d 806. The case is here by appeal, 28 U.S.C. § 1254(2); and we noted probable jurisdiction, 414 U.S. 907. This case brings to this Court a different phase of local zoning regulations from those we have previously reviewed. Euclid v. Ambler Realty Co., 272 U.S. 365, involved a zoning ordinance classifying land use in a given area into six categories. The Dickmans' tracts fell under three classifications: U–2, which included two-family dwellings; U–3, which included apartments, hotels, churches, schools, private clubs, hospitals, city hall and the like; and U–6, which included sewage disposal plants, incinerators, scrap storage, cemeteries, oil and gas storage and so on. Heights of buildings were prescribed for each zone; also, the size of land areas required for each kind of use was specified. The land in litigation was vacant and being held for industrial development; and evidence was introduced showing that under the restricted-use [p4] ordinance the land would be greatly reduced in value. The claim was that the landowner was being deprived of liberty and property without due process within the meaning of the Fourteenth Amendment.

The Court sustained the zoning ordinance under the police power of the State, saying that the line "which in this field separates the legitimate from the illegitimate assumption of power is not capable of precise delimitation. It varies with circumstances and conditions." Id., at 387. And the Court added: "A nuisance may be merely a right thing in the wrong place, like a pig in the parlor instead of the barnyard. If the validity of the legislative classification for zoning purposes be fairly debatable, the legislative judgment must be allowed to control." Id., at 388. The Court listed as considerations bearing on the constitutionality of zoning ordinances the danger of fire or collapse of buildings, the evils of overcrowding people, and the possibility that "offensive trades, industries, and structures" might "create nuisance" to residential sections. Ibid. But even those historic police power problems need not loom large or actually be existent in a given case. For the exclusion of "all industrial establishments" does not mean that "only offensive or dangerous industries will be excluded." Ibid. That fact does not invalidate the ordinance; the Court held:

"The inclusion of a reasonable margin to insure effective enforcement, will not put upon a law, otherwise valid, the stamp of invalidity. Such laws may also find their justification in the fact that, in some fields, the bad fades into the good by such insensible degrees that the two are not capable of being readily distinguished and separated in terms of legislation." Id., at 388–389.

[p5] The main thrust of the case in the mind of the Court was in the exclusion of industries and apartments, and as respects that it commented on the desire to keep residential areas free of "disturbing noises"; "increased traffic"; the hazard of "moving and parked automobiles"; the "depriving children of the privilege of quiet and open spaces for play, enjoyed by those in more favored localities." Id., at 394. The ordinance was sanctioned because the validity of the legislative classification was "fairly debatable" and therefore could not be said to be wholly arbitrary. Id., at 388.

Our decision in Berman v. Parker, 348 U.S. 26 sustained a land use project in the District of Columbia against a landowner's claim that the taking violated the Due Process Clause and the Just Compensation Clause of the Fifth Amendment. The essence of the argument against the law was, while taking property for ridding an area of slums was permissible, taking it "merely to develop a better balanced, more attractive community" was not, id., at 31. We refused to limit the concept of public welfare that may be enhanced by zoning regulations. We said:

"Miserable and disreputable housing conditions may do more than spread disease and crime and immorality. [p6] They may also suffocate the spirit by reducing the people who live there to the status of cattle. They may indeed make living an almost insufferable burden. They may also be an ugly sore, a blight on the community which robs it of charm, which makes it a place from which men turn. The misery of housing may despoil a community as an open sewer may ruin a river.

"We do not sit to determine whether a particular housing project is or is not desirable. The concept of the public welfare is broad and inclusive The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled." Id., at 32–33.

If the ordinance segregated one area only for one race, it would immediately be suspect under the reasoning of Buchanan v. Warley, 245 U.S. 60 where the Court invalidated a city ordinance barring a black from acquiring real property in a white residential area by reason of an 1866 Act of Congress, 14 Stat. 27, now 42 U.S.C. § 1982, and an 1870 Act, § 17, 16 Stat. 144, now 42 U.S.C. § 1981, both enforcing the Fourteenth Amendment. 245 U.S., at 78–82. See Jones v. Alfred H. Mayer Co., 392 U.S. 409

In Seattle Title Trust Co. v. Roberge, 278 U.S. 116, Seattle had a zoning ordinance that permitted a philanthropic home for children or for old people in a particular district when the written consent shall have been obtained of the owners of two-thirds of the property within four hundred (400) feet of the proposed building. Id., at 118. The Court held that provision of the ordinance unconstitutional, saying that the existing owners could "withhold consent for selfish reasons or arbitrarily and [p7] may subject the trustee [owner] to their will or caprice." Id., at 122. Unlike the billboard cases (e.g., Cusack Co. v. City of Chicago, 242 U.S. 526), the Court concluded that the Seattle ordinance was invalid since the proposed home for the aged poor was not shown by its maintenance and construction "to work any injury, inconvenience or annoyance to the community, the district or any person." 278 U.S., at 122.

The present ordinance is challenged on several grounds: that it interferes with a person's right to travel; that it interferes with the right to migrate to and settle within a State; that it bars people who are uncongenial to the present residents; that it expresses the social preferences of the residents for groups that will be congenial to them; that social homogeneity is not a legitimate interest of government; that the restriction of those whom the neighbors do not like trenches on the newcomers' rights of privacy; that it is of no rightful concern to villagers whether the residents are married or unmarried; that the ordinance is antithetical to the Nation's experience, ideology, and self-perception as an open, egalitarian, and integrated society.

We find none of these reasons in the record before us. It is not aimed at transients. Cf. Shapiro v. Thompson, 394 U.S. 618 It involves no procedural disparity inflicted on some but not on others such as was presented by Griffin v. Illinois, 351 U.S. 12  It involves no "fundamental" right guaranteed by the Constitution, such as voting, Harper v. Virginia State Board, 383 U.S. 663; the right of association, NAACP v. Alabama, 357 U.S. 449; the right of access to the courts, NAACP v. Button, 371 U.S. 415; or any rights of privacy, cf. [p8] Griswold v. Connecticut, 381 U.S. 479; Eisenstadt v. Baird, 405 U.S. 438, 453–454. We deal with economic and social legislation where legislatures have historically drawn lines which we respect against the charge of violation of the Equal Protection Clause if the law be reasonable, not arbitrary (quoting Royster Guano Co. v. Virginia, 253 U.S. 412, 415) and bears "a rational relationship to a [permissible] state objective." Reed v. Reed, 404 U.S. 71, 76.

It is said, however, that if two unmarried people can constitute a "family," there is no reason why three or four may not. But every line drawn by a legislature leaves some out that might well have been included. That exercise of discretion, however, is a legislative, not a judicial, function.

It is said that the Belle Terre ordinance reeks with an animosity to unmarried couples who live together. There is no evidence so support it; and the provision of the ordinance bringing within the definition of a "family" two unmarried people belies the charge.

[p9] The ordinance places no ban on other forms of association, for a "family" may, so far as the ordinance is concerned, entertain whomever it likes.

The regimes of boarding houses, fraternity houses, and the like present urban problems. More people occupy a given space; more cars rather continuously pass by; more cars are parked; noise travels with crowds.

A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs. This goal is a permissible one within Berman v. Parker, supra. The police power is not confined to elimination of filth, stench, and unhealthy places. It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people.

The suggestion that the case may be moot need not detain us. A zoning ordinance usually has an impact on the value of the property which it regulates. But in spite of the fact that the precise impact of the ordinance sustained in Euclid on a given piece of property was not known, 272 U.S., at 397, the Court, considering the matter a controversy in the realm of city planning, sustained the ordinance. Here we are a step closer to the impact of the ordinance on the value of the lessor's property. He has not only lost six tenants and acquired only two in their place; it is obvious that the scale of rental values rides on what we decide today. When Berman reached us it was not certain whether an entire tract would be taken or only the buildings on it and a scenic easement. 348 U.S., at 36. But that did not make the case any the less a controversy in the constitutional sense. When Mr. Justice Holmes said for the Court in Block v. Hirsh, 256 U.S. 135, 155, "property rights may be cut down, and to that extent taken, without [p10] pay," he stated the issue here. As is true in most zoning cases, the precise impact on value may, at the threshold of litigation over validity, not yet be known.

Reversed.


text:
Village of Belle Terre v. Boraas/Dissent Brennan

, dissenting.

The constitutional challenge to the village ordinance is premised solely on alleged infringement of associational and other constitutional rights of tenants. But the named tenant appellees have quit the house, thus raising a serious question whether there now exists a cognizable "case or controversy" that satisfies that indispensable requisite of Art. III of the Constitution. Existence of a case or controversy must, of course, appear at every stage of review, see, e.g., Roe v. Wade, 410 U.S. 113, 125 (1973); Steffel v. Thompson, 415 U.S. 452, 459 n. 10 (1974). In my view it does not appear at this stage of this case.

Plainly there is no case or controversy as to the named tenant appellees since, having moved out, they no longer have an interest, associational, economic or otherwise, to be vindicated by invalidation of the ordinance. Whether there is a cognizable case or controversy must therefore turn on whether the lessor appellees may attack the ordinance on the basis of the constitutional rights of their tenants.

The general "weighty" rule of practice is "that a litigant may only assert his own constitutional rights or immunities," United States v. Raines, 362 U.S. 17, 22 (1960). A pertinent exception, however, ordinarily limits a litigant to the assertion of the alleged denial of another's constitutional rights to situations in which there is: (1) evidence that as a direct consequence of the denial of constitutional rights of the others, the litigant faces substantial economic injury, [p11] Pierce v. Society of Sisters, 268 U.S. 510, 535–536 (1925); Barrows v. Jackson, 346 U.S. 249, 255–256 (1953), or criminal prosecution, Griswold v. Connecticut, 381 U.S. 479, 481 (1965); Eisenstadt v. Baird, 405 U.S. 438 (1972), and (2) a showing that the litigant's and the others' interests intertwine and unless the litigant may assert the constitutional rights of the others, those rights cannot effectively be vindicated. Griswold v. Connecticut, supra; Eisenstadt v. Baird, supra; see also NAACP v. Alabama, 357 U.S. 449 (1958).

In my view, lessor appellees do not, on the present record, satisfy either requirement of the exception. Their own brief negates any claim that they face economic loss. The brief states that "there is nothing in the record to support the contention that in a middle class, suburban residential community like Belle Terre, traditional families are willing to pay more or less than students with limited means like the Appellees." Brief for Appellees 54–55. And whether they face criminal prosecution for violations of the ordinance is at least unclear. The criminal summons served on them on July 19, 1972, was withdrawn because not preceded, as required by the village's procedure, by an order requiring discontinuance of violations within 48 hours. An order to discontinue violation was served thereafter on July 31, but was not followed by service of a criminal summons when the violation was not discontinued within 48 hours.

The Court argues that, because a zoning ordinance "has an impact on the value of the property which it regulates," there is a cognizable case or controversy. But [p12] even if lessor appellees for that reason have a personal stake, and we were to concede that landlord and tenant interests intertwine in respect of the ordinance, I cannot see, on the present record, how it can be concluded that "it would be difficult if not impossible," Barrows v. Jackson, supra, at 257, for present or prospective unrelated tenant groups of more than two to assert their own rights before the courts, since the departed tenant appellees had no difficulty in doing so. Thus, the second requirement of the exception would not presently appear to be satisfied. Accordingly it is irrelevant that the house was let, as we are now informed, to other unrelated tenants on a month-to-month basis after the tenant appellees moved out. None of the new tenants has sought to intervene in this suit. Indeed, for all that appears, they too may have moved out and the house may be vacant.

I dissent and would vacate the judgment of the Court of Appeals and remand to the District Court for further proceedings. If the District Court determines that a cognizable case or controversy no longer exists, the complaint should be dismissed. Golden v. Zwickler, 394 U.S. 103 (1969).


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road to Travemünde first crosses the ferry and then goes straight ahead. The grey high-road glided away under the hoofs of Lebrecht Kröger’s fat brown Mecklenburgs. The sound of their trotting was hollow and rhythmical, the sun burned hot, and dust concealed the meagre view. The family had eaten at one o’clock, an hour earlier than usual, and the brother and sister set out punctually at two. They would arrive shortly after four; for what a hired carriage could do in three hours, the Kröger pair were mettlesome enough to make in two.

Tony sat half asleep, nodding under her broad straw hat and her lace-trimmed parasol, which she held tipped back against the hood of the chaise. The parasol was twine-grey, with cream-coloured lace, and matched her neat, simply cut frock. She reclined in the luxurious ease proper to the equipage, with her feet, in their white stockings and strap shoes, daintily crossed before her.

Tom was already twenty years old. He wore an extremely well cut blue suit, and sat smoking Russian cigarettes, with his hat on the back of his head. He was not very tall; but already he boasted a considerable moustache, darker in tone than his brows and eyelashes. He had one eyebrow lifted a trifle—a habit with him—and sat looking at the dust and the trees that fled away behind them as the carriage rolled on.

Tony said: “I was never so glad to come to Travemünde before—for various reasons. You needn’t laugh, Tom. I wish I could leave a certain pair of yellow mutton-chops even further behind! And then, it will be an entirely different Travemünde at the Schwarzkopfs’, on the sea front. I shan’t

RV 117 (117)


text:
Village of Belle Terre v. Boraas/Dissent Marshall

, dissenting.

This case draws into question the constitutionality of a zoning ordinance of the incorporated village of Belle Terre, New York, which prohibits groups of more than two unrelated persons, as distinguished from groups consisting of any number of persons related by blood, adoption, or marriage, from occupying a residence within the confines of the township. Lessor-appellees, the two owners of a Belle Terre residence, and three unrelated student tenants challenged the ordinance on the ground that it establishes a classification between households of [p13] related and unrelated individuals, which deprives them of equal protection of the laws. In my view, the disputed classification burdens the students' fundamental rights of association and privacy guaranteed by the First and Fourteenth Amendments. Because the application of strict equal protection scrutiny is therefore required, I am at odds with my Brethren's conclusion that the ordinance may be sustained on a showing that it bears a rational relationship to the accomplishment of legitimate governmental objectives.

I am in full agreement with the majority that zoning is a complex and important function of the State. It may indeed be the most essential function performed by local government, for it is one of the primary means by which we protect that sometimes difficult to define concept of quality of life. I therefore continue to adhere to the principle of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926), that deference should be given to governmental judgments concerning proper land-use allocation. That deference is a principle which has served this Court well and which is necessary for the continued development of effective zoning and land-use control mechanisms. Had the owners alone brought this suit alleging that the restrictive ordinance deprived them of their property or was an irrational legislative classification, I would agree that the ordinance would have to be sustained. Our role is not and should not be to sit as a zoning board of appeals.

I would also agree with the majority that local zoning authorities may properly act in furtherance of the objectives asserted to be served by the ordinance at issue here: restricting uncontrolled growth, solving traffic problems, keeping rental costs at a reasonable level, and making the community attractive to families. The police power which provides the justification for zoning is not narrowly [p14] confined. See Berman v. Parker, 348 U.S. 26 (1954). And, it is appropriate that we afford zoning authorities considerable latitude in choosing the means by which to implement such purposes. But deference does not mean abdication. This Court has an obligation to ensure that zoning ordinances, even when adopted in furtherance of such legitimate aims, do not infringe upon fundamental constitutional rights.

When separate but equal was still accepted constitutional dogma, this Court struck down a racially restrictive zoning ordinance. Buchanan v. Warley, 245 U.S. 60 (1917). I am sure the Court would not be hesitant to invalidate that ordinance today. The lower federal courts have considered procedural aspects of zoning, and acted to insure that land-use controls are not used as means of confining minorities and the poor to the ghettos of our central cities. These are limited but necessary intrusions on the discretion of zoning authorities. By the same token, I think it clear that the First Amendment provides some limitation on zoning laws. It is inconceivable to me that we would allow the exercise of the zoning power to burden First Amendment freedoms, as by ordinances that restrict occupancy to individuals adhering to particular religious, political, or scientific beliefs. Zoning officials properly concern [p15] themselves with the uses of land—with, for example, the number and kind of dwellings to be constructed in a certain neighborhood or the number of persons who can reside in those dwellings. But zoning authorities cannot validly consider who those persons are, what they believe, or how they choose to live, whether they are Negro or white, Catholic or Jew, Republican or Democrat, married or unmarried.

My disagreement with the Court today is based upon my view that the ordinance in this case unnecessarily burdens appellees' First Amendment freedom of association and their constitutionally guaranteed right to privacy. Our decisions establish that the First and Fourteenth Amendments protect the freedom to choose one's associates. NAACP v. Button, 371 U.S. 415, 430 (1963). Constitutional protection is extended, not only to modes of association that are political in the usual sense, but also to those that pertain to the social and economic benefit of the members. Id., at 430–431; Brotherhood of Railroad Trainmen v. Virginia Bar, 377 U.S. 1 (1964). See United Transportation Union v. State Bar of Michigan, 401 U.S. 576 (1971); Mine Workers v. Illinois State Bar Assn., 389 U.S. 217 (1967). The selection of one's living companions involves similar choices as to the emotional, social, or economic benefits to be derived from alternative living arrangements.

The freedom of association is often inextricably entwined with the constitutionally guaranteed right of privacy. The right to "establish a home" is an essential part of the liberty guaranteed by the Fourteenth Amendment. Meyer v. Nebraska, 262 U.S. 390, 399 (1923); Griswold v. Connecticut, 381 U.S. 479, 495 (1965) (Goldberg, J., concurring). And the Constitution secures to an individual a freedom "to satisfy his intellectual and emotional needs in the privacy of his own home." [p16] Stanley v. Georgia, 394 U.S. 557, 565 (1969); see Paris Adult Theatre I v. Slaton, 413 U.S. 49, 66–67 (1973). Constitutionally protected privacy is, in Mr. Justice Brandeis' words, "as against the Government, the right to be let alone the right most valued by civilized man." Olmstead v. United States, 277 U.S. 438, 478 (1928) (dissenting opinion). The choice of household companions—of whether a person's "intellectual and emotional needs' are best met by living with family, friends, professional associates, or others—involves deeply personal considerations as to the kind and quality of intimate relationships within the home. That decision surely falls within the ambit of the right to privacy protected by the Constitution. See Roe v. Wade, 410 U.S. 113, 153 (1973); Eisenstadt v. Baird, 405 U.S. 438, 453 (1972); Stanley v. Georgia, supra, at 564–565; Griswold v. Connecticut, supra, at 483, 486; Olmstead v. United States, supra, at 478 (Brandeis, J., dissenting); Moreno v. Department of Agriculture, 345 F. Supp. 310, 315 (DC 1972), aff'd, 413 U.S. 528 (1973).

The instant ordinance discriminates on the basis of just such a personal lifestyle choice as to household companions. It permits any number of persons related by blood or marriage, be it two or twenty, to live in a single household, but it limits to two the number of unrelated persons bound by profession, love, friendship, religious or political affiliation, or mere economics who can occupy a single home. Belle Terre imposes upon those who deviate from the community norm in their choice of living companions significantly greater restrictions than are applied to residential groups who are related by blood or marriage, and compose the established order within the community. The village has, in [p17] effect, acted to fence out those individuals whose choice of lifestyle differs from that of its current residents.

This is not a case where the Court is being asked to nullify a township's sincere efforts to maintain its residential character by preventing the operation of rooming houses, fraternity houses, or other commercial or high-density residential uses. Unquestionably, a town is free to restrict such uses. Moreover, as a general proposition, I see no constitutional infirmity in a town's limiting the density of use in residential areas by zoning regulations which do not discriminate on the basis of constitutionally suspect criteria. This ordinance, however, limits the density of occupancy of only those homes occupied by unrelated persons. It thus reaches beyond control of the use of land or the density of population, and undertakes to regulate the way people choose to associate with each other within the privacy of their own homes.

It is no answer to say, as does the majority that associational interests are not infringed because Belle Terre residents may entertain whomever they choose. Only last Term indicated in concurrence that he saw the right of association protected by the First Amendment as involving far more than the right to entertain visitors. He found that right infringed by a restriction on food stamp assistance, penalizing [p18] households of "unrelated persons." As there said, freedom of association encompasses the "right to invite the stranger into one's home" not only for "entertainment" but to join the household as well. United States Department of Agriculture v. Moreno, 413 U.S. 528, 538–545 (1973) (concurring opinion). I am still persuaded that the choice of those who will form one's household implicates constitutionally protected rights.

Because I believe that this zoning ordinance creates a classification which impinges upon fundamental personal rights, it can withstand constitutional scrutiny only upon a clear showing that the burden imposed is necessary to protect a compelling and substantial governmental interest, Shapiro v. Thompson, 394 U.S. 618, 634 (1969). And, once it be determined that a burden has been placed upon a constitutional right, the onus of demonstrating that no less intrusive means will adequately protect the compelling state interest and that the challenged statute is sufficiently narrowly drawn, is upon the party seeking to justify the burden. See Memorial Hospital v. Maricopa County, 415 U.S. 250 (1974); Speiser v. Randall, 357 U.S. 513, 525–526 (1958).

A variety of justifications have been proffered in support of the village's ordinance. It is claimed that the ordinance controls population density, prevents noise, traffic and parking problems, and preserves the rent structure of the community and its attractiveness to families. As I noted earlier, these are all legitimate and substantial interests of government. But I think it clear that the means chosen to accomplish these purposes are both overinclusive and underinclusive, and that the asserted goals could be as effectively achieved by means of an ordinance that did not discriminate on the basis of constitutionally protected choices of lifestyle. The ordinance imposes no restriction whatsoever on the number [p19] of persons who may live in a house, as long as they are related by marital or sanguinary bonds—presumably no matter how distant their relationship. Nor does the ordinance restrict the number of income earners who may contribute to rent in such a household, or the number of automobiles that may be maintained by its occupants. In that sense the ordinance is underinclusive. On the other hand, the statute restricts the number of unrelated persons who may live in a home to no more than two. It would therefore prevent three unrelated people from occupying a dwelling even if among them they had but one income and no vehicles. While an extended family of a dozen or more might live in a small bungalow, three elderly and retired persons could not occupy the large manor house next door. Thus the statute is also grossly overinclusive to accomplish its intended purposes.

There are some 220 residences in Belle Terre occupied by about 700 persons. The density is therefore just above three per household. The village is justifiably concerned with density of population and the related problems of noise, traffic, and the like. It could deal with those problems by limiting each household to a specified number of adults, two or three perhaps, without limitation on the number of dependent children. The burden of such an ordinance would fall equally upon all segments of the community. It would surely be better tailored to the goals asserted by the village than the ordinance before us today, for it would more realistically [p20] restrict population density and growth and their attendant environmental costs. Various other statutory mechanisms also suggest themselves as solutions to Belle Terre's problems—rent control, limits on the number of vehicles per household, and so forth, but, of course, such schemes are matters of legislative judgment and not for this Court. Appellants also refer to the necessity of maintaining the family character of the village. There is not a shred of evidence in the record indicating that if Belle Terre permitted a limited number of unrelated persons to live together, the residential, familial character of the community would be fundamentally affected.

By limiting unrelated households to two persons while placing no limitation on households of related individuals, the village has embarked upon its commendable course in a constitutionally faulty vessel. Cf. Marshall v. United States, 414 U.S. 417 (1974) (dissenting opinion). I would find the challenged ordinance unconstitutional. But I would not ask the village to abandon its goal of providing quiet streets, little traffic, and a pleasant and reasonably priced environment in which families might raise their children. Rather, I would commend the village to continue to pursue those purposes but by means of more carefully drawn and even-handed legislation.

I respectfully dissent.


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RV 118 (BUDDENBROOKS) be bothered with the Kurhouse society, I can tell you that much. I am not in the mood for it. Besides, that that man could come there too as well as not. He has nerve enough—it wouldn’t trouble him at all. Some day he’d be bobbing up in front of me and putting on all his airs and graces.”

Tom threw away the stub of his cigarette and took a fresh one out of the box, a pretty little affair with an inlaid picture inside the lid, of an overturned troika being set upon by wolves. It was a present from a Russian customer of the Consul. The cigarettes, those biting little trifles with the yellow mouthpiece, were Tom’s passion. He smoked quantities of them, and had the bad habit of inhaling the smoke, breathing it slowly out again as he talked.

“Yes,” he said. “As far as that goes, the garden of the Kurhouse is alive with Hamburgers. Consul Fritsche, who has bought it, is a Hamburger himself. He must be doing a wonderful business now, Papa says. But you’ll miss something if you don’t take part in it a bit. Peter Döhlmann is there—he never stops in town this time of year. His business goes on at a jog-trot, all by itself, I suppose. Funny! Well—and Uncle Justus comes out for a little on a Sunday, of course, to visit the roulette table. Then there are the Möllendorpfs and the Kistenmakers, I suppose, in full strength, and the Hagenströms—”

“H’m. Yes, of course. They couldn’t get on without Sarah Semlinger!”

“Her name is Laura, my child. Let us be accurate.”

“And Julchen with her, of course. Julchen ought to get engaged to August Möllendorpf this summer—and she will do it, too. After all, they belong together. Disgusting, isn’t it, Tom? This adventurer’s family—”

“Yes, but good heavens, they are the firm of Strunck and Hagenström. That is the point.”

“Naturally, they make the firm. Of course. And everybody knows how they do it. With their elbows. Pushing RV 118 (118)


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 sound of the drum. He also gives instructions as to tongueing: "Il-y-a deux maniéres de flutter; l'une en tetant, l'aultre en rollant. Au premier la langue du joueur faict té, té, té ou tere, tere, tere, et au second jeu rollé, la langue, du joueur faict relé, relé, relé." The former method is "plus aigre et rude," and therefore more suitable for war. This highly interesting and rare old book contains a "Tablature du fifre ou arigot (i.e., flute ) au troisiesme ton" from C Sol to Ela. This table is stated to have been compiled by "Isaac

Fife Music from Arbeau's Orchesographie. Huguet, organiste." Some very early fife music will also be found in Mars his Triumph by T. B. (1638), to accompany the manual and firing exercises.

In 1530 Cardinal Wolsey entertained King Henry VIII. at Whitehall with a concert of drums and fifes, and they were used in Lord Mayors' shows in the sixteenth century. In 1671 Charles I. prohibited persons from playing them at fairs, etc., without a licence from the Royal Trumpeter. Rabelais in 1532 mentions fifes and tambours, and Du Bellay (Essai sur les


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 Instruments, 1780) says that King Francis I. of France directed in 1534 that each band of one thousand men should have four drums and two fifes. Fifes were subsequently allotted to the Swiss companies only, and they disappeared from the French army altogether for some time, but were restored by Napoleon. They are no longer used by the French troops. It is to be noted that A. de Vigny omits "the ear-piercing fife" altogether in his translation of Othello. The instrument was first used in the English army in the reign of Henry VIII. who sent to Vienna for fifes. He had a fifer named Jacques, and another named Oliver, who performed at the King's funeral in 1547. The royal fifer and drummer were paid 45s. for their livery in 1532; in 1555 the King's fifers were Henry Ball and Thomas Curson. "Ffyffers" are included in the muster-roll of the London Train bands in 1539; and the Privy Council Acts, 1548, provide for four drums and two fifes, and one John Pretre is named as fifer. Fifes are often mentioned in Elizabethan literature (where they are sometimes called "Whiffles"), almost always in connection with drums, trumpets, and soldiers. In Barret's Theoricke and Practike of Modern Warres (1598) "drumes and phifes" are mentioned. Burton, in his Anatomy of Melancholy (1621), says "the trumpet, drum, and fife are soldiers' instruments." Francis Markham, in his Five Decades of Epistles of War (1622), says he knew no more sweet and solemn melody than that which drums and fifes afforded, but elsewhere he disapproves of the military use of the fife,


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 which he ignominiously terms "a whistle," and says that it is to the voice of the drum that the soldier should wholly attend. These early fifers would seem to have been often "but easy players and very drunkards." The band of the British Royal Artillery, when at St. Quentin in 1557, included a "drum and phife," and a document of the year 1621 mentions that the English army had forty drummers and forty fifers.

The following curious regulations were laid down at this period for army fifers:"All capitaines must have drommes and ffifes, and men to use the same, who shall be faithfull, secrete, and ingenious, of able personage to use their instruments and office, of sundrie languages; for oftentimes they bee sent to parley with their enemies, to sommon theire efforts and diverse other messages, which of necessitie requireth language. If such drommes and ffifes should fortune to fall into the hands of the enemies, noe guifte nor force should cause them to disclose any secrettes that they knowe. They must often practice theire instruments, teach the companye the soundes of the marche, allarum, approache, assaulte, battaile, retreate, skirmishe, or any other challenge that of necessitie should be knowen. They must be obediente to the commandemente of theire captaine and ensigne, when as they shall command them to comme, goe, or stande, or sound theire retreate or callinge."

It would therefore appear that the fifers were expected to act more or less as interpreters (doubtless


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(ʾubudíyat) has been consecrated by Muhammadan law, and some of its provisions have been taken from the Mosaic code. The traces of heathenism are, however, observable in most of the Muslim laws with reference to this question. For example, according to Jewish law, if a master slew his slave he was liable to punishment, whereas the Islamic code annexes no worldly punishment for the murder of a slave.

There is no limit to the number of slave girls with whom a Muslim may cohabit, and it is the consecration of this illimitable indulgence which so popularizes slavery amongst Muhammadan nations. Some Muslim writers of the


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 many of them were foreigners), and also to a certain extent as drill instructors. Part of the duty of the Fife-Major in 1748 was to inflict corporal punishment, which was later relegated to the Drum-Major. Fifers were clearly of a higher rank than the ordinary soldiers, and were paid on a higher scale, receiving 1s. a day, whereas the private soldier only got 8d. They carried a case containing several fifes in different pitches at their side, as may be seen in many old pictures. Sometimes a banner was attached to the fife, as shown in Sandford's picture of the coronation procession of James II. The Soldier's Accidence (1629) mentions that the eldest fife marched along with the eldest drum. The march usually played by the English fifes and drums at this period struck the French Marshal Biron as "slow, heavy, and sluggish." On his remarking this to Sir Roger Williams, the latter replied, "That may be true, but still it has traversed your master's country from one end to the other."

In the reign of Charles I. the fife disappeared for a while from the English army, its place being taken by the bagpipe or the hautboy. Four drums and a fife, however, were used at the funeral of the Duchess of Saxony in 1666. It was re-introduced into the British Guards when at Maestricht in 1747. The re-introduction is attributed to the Duke of Cumberland; and at the termination of the war a Hanoverian named John Ulrich was brought over from Flanders specially to teach the fife to the Royal Artillery, and in June 1753 that corps


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Rh present day contend that Muhammad looked upon the custom as temporary in its nature, and held that its extinction was sure to be achieved by the progress of ideas and change of circumstances; but the slavery of Islám is interwoven with the Law of marriage, the Law of sale, and the Law of inheritance, of the system, and its abolition would strike at the very foundations of the code of Muhammadanism.

Slavery is in complete harmony with the spirit of Islám, whilst it is abhorrent to that of Christianity. That Muhammad ameliorated the condition of the slave, as it existed under the heathen laws of Arabia, we cannot doubt; but it is equally certain that the Arabian legislator intended it to be a perpetual institution.

The following traditions, with reference to the action of the Prophet in this matter are notable:—

"ʾImrán-ibn-Husain said a man freed six


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196 slaves at his death, and he had no other property besides; and the Prophet called them, and divided them into three sections, and then cast lots; he then ordered that two of them should be freed, and he retained four in slavery, and spoke severely of the man who had set them free."

"Jábir said we used to sell the mothers of children in the time of the Prophet, and of Abu Bakr; but Omar forbade it in his time."

For certain sins the manumission of slaves is the legal penalty, and a slave may purchase his own freedom with the permission of his owner.

In the Akhlák-i-Jilálí, which is the popular work upon practical philosophy amongst the Muhammadans, it is said that "for service a slave is preferable to a freeman, inasmuch as he must be more disposed to submit, obey, and adopt his patron's habits and pursuits."

Although slavery has existed side by side with Christianity, it is undoubtedly contrary to the spirit of the teaching of our divine Lord,


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 had a Drum-Major, ten drummers, a Fife-Major, and five fifers. Hogarth's famous picture of the March of the Guards, painted in December 1750, includes a drummer and fifer. The old fife calls are still preserved in the Guard regiments. In 1747 another Hanoverian was fife teacher in the first line regiment to adopt the fifeviz., the 19th Foot, popularly known as the Green Howards. Most of the drummers also played the fife. They were at first allowed only in the Grenadier company, and were paid by the officers. (Grose, Mil. Ant.) Fifers were also used in English cavalry regiments before the end of the eighteenth century.

The true fife, which was generally set in B♭, F, or C, was faulty in intonation; it disappeared about 1860, and its place was taken by small flutes of conical bore and fitted with keys. Prowse made a fife with eleven holes and no keys so late as 1825; I do not quite see how this could be fingered.

Handel, in his opera Almira (iii. 3), has a band of cymbals, drums, and fifes where Consalvo enters as Asia surrounded by lions. Meyerbeer, in addition to the usual orchestra, has introduced a fife and drum band, and also a brass band (both on the stage), in his L'Etoile du Nord, all playing different tunes simultaneously: the effect is noisy but imposing. These are the only instances that I can recall of the introduction of the fife in orchestral or operatic music.


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 Rh who has given to the world the grand doctrine of universal brotherhood.

Mr. Lecky believes that it was the spirit of Christianity which brought about the abolition of slavery in Europe. He says, "The services of Christianity were of three kinds. It supplied a new order of relations, in which the distinction of classes was unknown. It imparted a moral dignity to the servile classes. It gave an unexampled impetus to the movement of enfranchisement."


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United States v. Generes

Respondent taxpayer owned 44% of the stock of a closely held construction corporation, with an original investment of $38,900, and received an annual salary of $12,000 for serving as president on a part-time basis. His total income was about $40,000 a year. he advanced money to the corporation and signed an indemnity agreement with a bonding company, which furnished bid and performance bonds for the construction contracts. The corporation defaulted on contracts in 1962 and the taxpayer advanced over $158,000 to the corporation and indemnified the bonding company to the extent of more than $162,000. The corporation went into receivership and he obtained no reimbursement for these sums. On his 1962 income tax return the taxpayer took his loss on direct loans to the corporation as a nonbusiness bad debt, but he claimed the indemnification loss as a business debt and deducted it against ordinary income and asserted net loss carry backs for the portion unused in 1962, pursuant to 26 U.S.C. § 172. Treasury Regulations provide that if, at the time of worthlessness, the debt has a "proximate" relationship to the taxpayer's business, the debt qualifies as a business bad debt. In his suit for a tax refund the taxpayer testified that his sole motive for signing the indemnification agreement was to protect his $12,000-a-year employment with the corporation. The jury was asked to determine whether signing the agreement "was proximately related to his trade or business of being an employee" of the corporation. The court refused the Government's request for an instruction that the applicable standard was that of dominant motivation and charged the jury that significant motivation satisfies the Regulations' requirement of proximate relationship. The jury's verdict was for the taxpayer and the Court of Appeals affirmed, approving the significant-motivation standard.

Held:

 * 1. In determining whether a bad debt has a "proximate" relationship to the taxpayer's trade or business and thus qualifies as a business bad debt, the proper standard is that of dominant motivation rather than significant motivation. Pp. 103-105.

 * 2. There is nothing in the record that would support a jury verdict in the taxpayer's favor had the dominant-motivation standard been embodied in the instructions. Pp. 106-107.

427 F. 2d 279, reversed and remanded.

BLACKMUN, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART and MARSHALL, JJ., joined and in which (as to Parts I, II, and III) BRENNAN and WHITE, JJ., joined. MARSHALL, J., filed a separate opinion, in which BRENNAN, J., joined, post, p. 112. DOUGLAS, J., filed a dissenting opinion, post, p. 113. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.

Matthew J. Zinn argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Walters, and Ernest J. Brown.

Max Nathan, Jr., argued the cause and filed a brief for respondents.

title: United States v. Generes


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Necromancer

Novels

 * The Necromancers (1909), a novel by Robert Hugh Benson
 * The Necromancer (1794), a Gothic novel by Karl Friedrich Kahlert
 * The Necromancer (1851), a novel by George W. M. Reynolds

Plays

 * Necromancer (1840), a play published anonymously

Poems

 * "The Necromancer" (1831, "An old man on his deathbed lay, an old yet stately man"), a poem by Felicia Hemans

title: Necromancer