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 aristocratic class, and that the first struggle of the commons was to force the knowledge from them, a struggle which ended in these codes being reduced to writing and promulgated. Had writing been unknown in Japan at this epoch, the parallel would have been complete; the only difference is, that in the one case the laws were unknown, because not written; in Japan, though written, they were yet to be unknown. The explanation of the matter is to be found in the fact that early communities custom has absolute away. The magistrates are, as Iyeyas says, reflectors of the mode of Government, they do in reality what English judges do in theory—interpret, not make, the law. Any additions made to the old customs, (as in the case before us) were to reach the multitude, as it were, by filtering down to them through the magistrates, who alone would be conscious that they were new: to the multitude they would only be slight modifications of the customs they had always observed. And indeed regarded as a code of laws, this seems to have been the character of the work before us. Iyeyas only claims to be a transmitter, not a framer, of the law; his work is rather a compilation, than a creation, a selection from old, not a series of new laws.

3.—If then in so far as it is a code of laws the originality of the Legacy of Iyeyas does not appear, the question then remains in what respects the genius of Iyeyas has manifested itself? For there can be no doubt that the Shogunate after his time was a very different thing from that it was before it. The Legacy of Iyeyas is original in so far as it contains maxims of government in accordance with which the successors of Iyeyas were to rule. It is this aspect which modern historians have thrown into most prominence,—a circumstance which renders a detailed account of his policy unnecessary here. I shall only mention what I consider the leading principles. The position of the Shogun to the Mikado was to be one of reverential homage. The Shoguns were in no way to interfere with the Mikado’s theoretical

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, at length, from that long swoon, and found myself stretched out in a coffin. Some more of the receptacles of the wrecks of mortality stood near me, and the odour of corruption was the first thing that affected my senses. The spacious and lofty vault was sparingly lighted by the faint glimmer of a single lamp, that was suspended to the ceiling. Its dying flame plainly told me where I was. What mortal can conceive a just idea of the sensations produced by the first breaking from sleep under such circumstances; and who could be able to recal only a single sentiment of those that crowded on

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

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Page:The Sense of the Past (London, W. Collins Sons & Co., 1917).djvu/87

 whereby to laugh at it would verily have been, in spite of its averted look, too much like laughing in a gentleman's face. The gentleman in question here had turned his back, and for all the world as if he had turned it within the picture. This of course was far from the first time Ralph had admired and studied him, but it was the first time of his finding his attention throb with the idea that the actual attitude might change—that it had even probably, that it had in fact repeatedly, done so. Extravagant enough such an imagination, but now settling on our young man in force—the prodigy that when one wasn't there the figure looked as figures in portraits inveterately look, somewhere into the room, and that this miraculous shift, the concealment of feature and identity, took place only when one's step drew near. Who in the world had ever "sat"—though in point of fact the model in this case stood—in a position that so trifled with the question of resemblance? The only explanation conceivable was some motive on the sitter's part—since it surely wouldn't have been on the artist's—for wishing resemblance minimised; a situation in which a refusal to sit at all would have been a much easier course. From the first occasion of his pausing there Ralph Pendrel had spun his fine thread, matching the wilful position with this and that hypothesis; only not till now had his view of the possible taken this monstrous jump. 73


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 supremacy, but to strengthen it in every way. The same respect was to be paid to the relatives of the Mikado and to the old court aristocracy. This was contrary to the policy of the former Shoguns, especially of the Ashikaga family, who seem to have treated the Mikado with rudeness or contempt. Secondly, as toward their superiors, so toward their inferiors were the Shoguns to behave with courtesy and consideration. All insult and tyranny was to be avoided, the weight of power was not to press harshly. This maxim is kindred to that one which is the keynote of the Polities of Aristotle, and the neglect of this, as shown in insolence to inferiors, was the rock on which the governments in nearly all ancient communities struck. This caution is perhaps the best proof of the consummate knowledge Iyeyas had of human nature and of his greatness as a master of statecraft. Another recommendation of Iyeyas was that the place of government of the lesser Daimios should be frequently changed. The motive alleged for this was for the prevention of misgovernment; but the real reason undoubtedly was that they might not acquire local influence, and so endanger the power of the Shoguns. It was similar in its purpose, though not in the means employed, to the policy adopted by William the Conqueror in portioning out the territories of his barons among several counties. In England, this plan was completely successful; in Japan it failed, because the Shoguns never dared to enforce this measure in the case of the greater daimios, who were the only ones to be dreaded. The best feature of the policy of the Shogunate was torbeto be [sic] the endeavour to maintain peace in the Empire as far as possible. “To assist the people, says Iyeyas,” is to give peace to the Empire.” Japan harrassedharassed [sic] for centuries by intestine feuds, was finally to be at rest under the strong government of the Tokugawa Shoguns; just as to the Roman world, wearied out with constant strife, the establishment of the Empire under Augustus gave for centuries peace. These are the leading principles handed down by Iyeyas to his successors. Feudalism and

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text:
Page:The Mystery of the Blue Train.pdf/18

2 him no greeting, but helped him off with his overcoat and then led the way into the tawdrily furnished sitting-room. The electric light was shaded with dirty pink festoons, and it softened, but could not disguise, the girl's face with its mask of crude paint. Could not disguise, either, the broad Mongolian cast of her countenance. There was no doubt of Olga Demiroff's profession, nor of her nationality.

"All is well, little one?"

"All is well, Boris Ivanovitch."

He nodded murmuring: "I do not think I have been followed."

But there was anxiety in his tone. He went to the window, drawing the curtains aside slightly, and peering carefully out. He started away violently.

"There are two men—on the opposite pavement. It looks to me" He broke off and began gnawing at his nails—a habit he had when anxious.

The Russian girl was shaking her head with a slow, reassuring action.

"They were here before you came."

"All the same, it looks to me as though they were watching this house."

"Possibly," she admitted indifferently.

"But then"

"What of it? Even if they know—it will not be you they will follow from here."

A thin, cruel smile came to his lips.

"No," he admitted, "that is true."

He mused for a minute or two and then observed.

"This damned American—he can look after himself as well as anybody."


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Page:The Sense of the Past (London, W. Collins Sons & Co., 1917).djvu/88

 He had read into the picture the notion of a wager, a joke, or even of some particular vanity as to poise of head, form of ear, shape of shoulder, or even fit of coat, some whim of old-time elegance, some conceit of the age of the bucks—among whom, not indistinguishably, the original of the portrait might have figured. Had he otherwise, failing these possibilities, a face to be so deprecated, a face so inferior to the rest of his person as to constitute a deformity prohibitive or represent an identity in some way compromised? There was nothing Ralph had in fine been able to think of that was not more or less met by the objection that an easier choice is usually open to the afflicted and the dishonoured.

The honours were exactly what this representation in a high degree enjoyed; for if it had not been placed in the largest and best room it had claimed, still better, a room all to itself. The little innermost parlour was moreover for its new proprietor the most consecrated corner of the house. It was there that, as he had repeatedly said to himself, the spell worked best; it was there, for instance, that, as he was perfectly sure, Mrs. Midmore of Drydown would like best to sit; but didn't it by the same token precisely happen that the absence of another portrait was what would permit the fullest license within the frame to the subject of this one? He might turn about as he liked when he didn't turn before other eyes. 74


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 When once this conceit of his turning had lodged itself in Pendrel's brain the way our friend played with it would have exposed him perhaps more than anything else—had there been observation of him too—to that charge of apparent levity which we have rejoiced for him that there was no one to bring. He came and went, passed into the next room and then returned quickly, presented his own back to the chimney-piece and wheeled round on a sudden—all as if he might have caught his mystificator bringing off the trick. No other trick however was provably played on him but that, little by little and as dusk began to gather, he found himself interested almost to impatience, perplexed almost to pain. His companion on the wall indescribably lived, and yet lived only to cheat him. When he had at last in meditation fixed the ground of his complaint he found in it the quite defensible position that, painted as people are always painted, the subject would have had something to say to him. That was a contention valid enough, and one with which he was at last able to associate his grievance. He had somehow lost a friend by the perversity of the posture—he was so sure of the friend he should have gained had the face been presented.

The more he looked at everything else the less it was credible there should have been anything to hide. The subject had been young, gallant, generous; these things, even on the scant showing, 75


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 —or eighty-eight per cent.—of the academical students, and all but 88—or eighty-two per cent. of the scientific students used this collection of books. More than eighty-six per cent., that is, of all the undergraduates drew out to the average amount of 26 volumes each. As to the quality of the books drawn, no record is easily obtainable for this particular year; but the record for a previous year shows that more than two thirds were not books of fiction. Statistics just published for the last year show that the academical sophomores alone drew 4,139 volumes from this library; but the sophomores at Yale are denied all benefit from the New Education. The use of Linonian and Brothers' Library by the undergraduates, however, has been relatively decreasing, on account of the large increase in the use of other collections of books more recently placed at their convenient disposal. Noteworthy among such collections are the loan libraries belonging to some of the departments of instruction,—especially of political science, history, etc. Add to all these items the increasing use, by consultation on the spot and otherwise (of which statistics are not easily attainable), of the main college library, and we have an amount of voluntary literary activity among the Yale undergraduates which certainly need not shrink from comparison with the best results of the Harvard system.


text: Index:Gerlach-Barklow v. Morris & Bendien.pdf


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text: Tiresias, and Other Poems/The Spinster's Sweet-Arts


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Wikisource:WikiProject Film/Drafts/Archives/The Singing Fool

User: PseudoSkull

File: The Singing Fool (1928).webm

Author: Lloyd Bacon

Publisher: Warner Bros. Pictures

Year: 1928

PD: PD/US|1955|film=yes

Note:

Cat: Drama film, Musical film, Part-talkies

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Page:Regal Rome, an Introduction to Roman History (1852, Newman, London, regalromeintrodu00newmuoft).djvu/18

4 opinion of Lepsius, these two tongues pervaded the greater part of Italy, and were allied by perceptible affinities.

The extant remains of the Oscan show enough in common with Latin, to suggest the belief that they were sister-tongues, though mutually quite unintelligible. The Oscan has often r final in substantives, where the Latin has s, and begins its interrogatives with p instead of qu. In the latter point, it sides with the Greek and the Welsh, against the Latin and the Erse.

A single sentence reported by Dionysius from Zenodotus of Troezen, has led the moderns to believe that the people, another fruitful stock of Italian population, was merely a branch of the Umbrians; but whether the relation of the two should be compared to that of high and low Germans, or rather that of Germans and Scandinavians, remains very uncertain.

A third and highly important element was added to Italy by colonization from the Grecian seas, to which Italy was indebted for letters and arts. The colonists are referable to three classes,—Hellenes or true Greeks,—Pelasgians,—and Etruscans.

The earliest pure colony in Italy, which history reports, is the town of Cumæe in Campania,


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Page:Gerlach-Barklow v. Morris & Bendien.pdf/1

Where pictures appeared from inspection to be similar in subject, coloring, and general effect, finding of infringement, for which preliminary injunction was granted, was proper.

In suit to restrain infringement of copyrighted picture, where two pictures appear to be similar from inspection, it is no defense that close scrutiny may reveal slight differences.

Bill for preliminary injunction is one for special relief pending the suit, within the meaning of equity rule No. 25, which requires such bill to be verified.

Verification of bill on information and belief is sufficient compliance with equity rule No. 25 as to such matters as are not within plaintiff’s knowledge.

Allegation on information and belief that plaintiff’s painting was a new and original work of art, and as such copyrightable, held sufficient compliance with equity rule No. 25 in infringement suit, since allegation involved matter of opinion.

To determine whether plaintiff proved prima facie case for preliminary injunction for copyright infringement, affidavits and exhibits, as well as bill, must be examined, under Copyright Act, § 55, as amended by Act March 2, 1913 (17 USCA § 55), making certificate of registration prima facie evidence of facts stated therein.

Works of art, to be copyrightable, do not, like patents, need to disclose originality of invention, but may present old theme, if there is distinguishable variation.

That theme of plaintiff’s picture was taken from another picture did not prevent granting of preliminary injunction against infringement of copyright, where picture was not mere copy, but distinguishable variation appeared.

To obtain preliminary injunction against infringement of copyright of painting, under Copyright Act (17 USCA § 1 et seq.), plaintiff must prove that he is the proprietor of the painting.

Bill alleging that plaintiff, “after receiving the aforesaid picture,” copied and published the same and gave notice of copyright, held equivalent to direct averment that plaintiff obtained possession by sale and assignment, constituting prima facie evidence of title, in suit to restrain infringement of copyright, under Copyright Act (17 USCA § 1 et seq.).

Prima facie evidence of title is shown by proof of possession of chattel.

Ownership of unpublished composition presumptively includes all rights therein recognized by common law, including privilege of publication and securing of statutory copyright.

Where plaintiff in suit to restrain infringement of copyright makes prima facie case of title, burden of going forward with evidence to show plaintiff’s title defective shifts to defendant.

Defendant’s denial on information and belief cannot be regarded as evidence overcoming plaintiff’s prima facie case of title on bill for preliminary injunction to restrain infringement of copyright.

Allegation, in bill for preliminary injunction to restrain infringement of copyrighted picture, that “two copies of the best edition of said picture” were deposited, held to allege sufficient


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Page:Gerlach-Barklow v. Morris & Bendien.pdf/2

 compliance with Copyright Act, § 12, as amended by Act March 28, 1914, § 1 (17 USCA § 12), requiring deposit of “two complete copies of the best edition thereof then published.”

In suit to restrain infringement of copyright, print of picture produced in evidence, bearing same title and name of same author as copyrighted picture, and corresponding in description to that in certificate of registration, held sufficient proof of its existence as copyrighted picture, notwithstanding failure to produce original copies deposited in Copyright Office, which copies had been destroyed.

To show plaintiff’s failure to comply with Copyright Act, § 18 (17 USCA § 18), in respect to notice of copyright, in suit for infringement of copyright, it is not enough to show that copyrighted picture was without statutory notice when it came into defendant’s possession, but it must appear that it left plaintiff’s possession in that condition.

In suit for infringement of copyrighted picture, fact that defendant produced five copies of picture bearing no notice of copyright was insufficient to justify reversal of decree granting preliminary injunction for want of notice under Copyright Act, § 18 (17 USCA § 18), where plaintiff was not connected with such copies, except by imprint of his name on calendar form in which pictures appeared.

Mere sample advertisement on calendar from which dealer might place orders for calendars mounting picture shown does not require statutory notice of copyright of picture, under Copyright Act, § 18 (17 USCA § 18).

Averment in bill for preliminary injunction that each copy of picture carried notice justified finding of plaintiff’s attempt to comply with provisions of Copyright Act, §9 (17 USCA § 9), with respect to notice.

Where plaintiff averred that each copy of picture carried notice of copyright, and actual notice of its existence was brought home to defendant prior to infringement, granting of preliminary injunction was not abuse of discretion, under Copyright Act, §§ 9, 18, 20 (17 USCA §§ 9, 18, 20), notwithstanding defendant had received copies bearing no notice of copyright and merely containing plaintiff’s name, since plaintiff made out prima facie case for injunction.

Decree granting preliminary injunction against infringement of copyright does not preclude defendant from establishing on final hearing that plaintiff has published copies of copyrighted picture without notice of copyright, under Copyright Act, § 9 (17 USCA § 9).

Appeal from the District Court of the United States for the Southern District of New York.

Suit by the Gerlach-Barklow Company against Morris & Bendien, Inc., to restrain infringement of plaintiff’s copyright of a picture. From a decree granting a preliminary injunction, defendant appeals. Affirmed.

The case was heard upon the bill of complaint, the answer of the defendant, and supporting affidavits and exhibits filed by both parties. It appears from the bill that one Zula Kenyon, an artist, painted a new and original picture entitled “Song of the Bluebird,” which portrays a young child seated upon the top of a wall and looking upward at a bird perched upon the branch of a flowering tree; that the artist sold and assigned to plaintiff all her right in said picture and any reproductions thereof; that the plaintiff thereupon copyrighted the picture and obtained a certificate of registration, showing a deposit of the required copies on February 6, 1925, and thereafter published and sold reproductions of the picture, each copy thereof bearing the required notice of copyright; that defendant attempted to purchase from plaintiff a license to use the copyrighted picture, and, after the failure of such negotiations, caused to be painted a picture closely simulating plaintiff’s; copies thereof being published and sold by defendant under the title of “Song of the Lark.”


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 The defendant’s answer denied the validity of plaintiff’s copyright, both on the ground that the subject-matter of the picture was not original, and on the ground that plaintiff had not complied with the copyright law, and denied that defendant’s picture was an infringement. The District Court found that the defendant’s picture was purposely made in close imitation of plaintiff’s, found infringement, and granted an injunction pendente lite.

Munn, Anderson & Munn, of New York City (T. H. Anderson and Albert J. Clark, both of New York City, of counsel), for appellant.

Edwards & Henry, of New York City (O. Ellery Edwards, Augustus M. Henry, and Arthur G. Previn, all of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above). [1, 2] The parties will be referred to as plaintiff and defendant. One of the errors assigned by the defendant is the finding of infringement. The memorandum of the judge states, not only that the defendant purposely made its picture in close imitation of the plaintiff’s, but also that the slight differences which exist were put in merely for the purpose of attempting to make it possible for defendant to appropriate the essential features of the copyrighted picture. The two pictures appear from inspection to be so similar in subject, coloring, and general effect that we regard the contention that the decree should be reversed on the ground of noninfringement as wholly untenable. It is no defense that close scrutiny may detect slight differences. See Gross v. Seligman, 212 F. 930 (C. C. A. 2); Dymow v. Bolton, 11 F.(2d) 690 (C. C. A. 2).

Most of the assignments of error are of a highly technical nature, and relate to the alleged failure of plaintiff in its pleadings and proof to make out a prima facie case of the validity of its copyright.

[3–5] It is objected that the bill alleges certain of the allegations essential to plaintiff’s right only upon information and belief, rather than upon direct affirmation, and that the verification by plaintiff’s president, Gerlach, is similarly limited. A bill for a preliminary injunction is one for special relief pending the suit, within the meaning of federal equity rule No. 25, which requires such a bill to he verified. Scheuerle v. One-Piece Bifocal Lens Co., 241 F. 270, 273 (D. C. Pa.). But verification by a party upon information and belief of such matters as are not within his knowledge is a sufficient compliance. Coty, Inc., v. Parfums De Grande Luxe, 298 F. 865 (C. C. A. 2). That artist Kenyon’s painting was a new and original work of art, and as such copyrightable, is necessarily a matter of opinion, and Gerlach’s averment of this fact upon information and belief was sufficient.

[6–8] To determine whether plaintiff proved a prima facie case, the affidavits and exhibits, as well as the bill, must be examined. That Kenyon was the author of a painting entitled “Song of the Bluebird” is established by Exhibit C, the certificate of registration, which by section 55 of the act (USCA, title 17, § 55) is made prima facie proof of the facts stated therein. See Berlin v. Evans, 300 F. 677 (D. C. Pa.); Fisher v. Dillingham, 298 F. 145 (D. C. N. Y.). Defendant’s affidavits allege that plaintiff’s president had admitted that the theme of its picture was taken from another picture entitled “Spring Song.” Very likely it was, but works of art, to be copyrightable, do not, like patents, need to disclose the originality of invention. While a copy of something in the public domain will not, if it be merely a copy, support a copyright, a distinguishable variation will, even though it present the same theme. See Gross v. Seligman, supra. Kenyon’s picture is a sufficient variant to be the subject of copyright under the act.

[9–14] Plaintiff must next prove that he is the “proprietor” of the painting. It is objected that the averment upon information and belief that Kenyon sold and assigned to plaintiff all her right in said picture, and any reproductions of the same, is insufficient to make such proof. But the bill also alleges affirmatively that, “after receiving the aforesaid picture,” plaintiff duly copied and published the same and gave notice of copyright. This is equivalent to a direct averment that plaintiff obtained possession of the picture by means of what was believed to be a sale and assignment, and proceeded as proprietor to publish and copyright it. Possession of a chattel is prima facie evidence of title.” See Wigmore, § 2515. Ownership of an unpublished composition presumptively includes all the rights which the common law recognized therein, among them being the privilege of publication and of securing a statutory copyright. See Drone, Copyright, 239; Turner v. Robinson, 10 Ir. Ch. 121, affirmed 510; Parton v. Prang, Fed. Cas. 10,784 (C. C. Mass.). The plaintiff made a prima facie case of title, and the burden of going forward with evidence to show that plaintiff’s title 23 F.(2d)—11


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Throughout this Manual all dimensions and distances are provided in English units. Tables A2-1 through A2-4 show the equivalent Metric (International System of Units) value for each of the English unit numerical values that are used in this Manual.

December 2023


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 was defective then shifted to defendant. See Drone, op. cit. 498, 499; Reed v. Carusi, Fed. Cas. 11,642. Defendant’s denial upon information and belief cannot be regarded as evidence overcoming plaintiff’s prima facie ease. Farmer v. Calvert Lith. Co., Fed. Cas. 4,651 (C. C. Mich.); Lake Shore & M.S. Ry. v. Felton, 103 F. 227 (C. C. A. 6).

[15] It is also argued that the bill does not show compliance with the Copyright Act, which requires in section 12 (17 USCA § 12) the deposit of “two complete copies of the best edition thereof then published.” The allegation in the bill omits the italicized words, alleging the deposit of “two copies of the best edition of said picture.” A copy of a best edition of a picture must necessarily be a complete copy. That the picture was published is directly averred in the fourth paragraph. While the copyright law must be strictly complied with, no servile following of its exact terminology is required. See Bentley v. Tibbals, 223 F. 247 (C. C. A. 2). We regard the objection as without merit, and mention it merely to show that it was not overlooked.

[16] The plaintiff was requested by defendant to produce the original copies deposited in the Copyright Office. This was not done because, after being returned to plaintiff from the Library of Congress, they had been destroyed when plaintiff’s office was moved. The defendant now contends that the plaintiff has failed to establish the identity of its copyright, because neither the original picture nor the copies deposited in the Copyright Office were produced, and because Exhibit A, which purports to be a copy thereof, was not shown to be such by any one having adequate knowledge. Even if we lay aside as a legal conclusion the affidavit of the law clerk that Exhibit A is a print of the copyrighted picture, it remains true that Exhibit A bears the same title and the name of the same author as does the copyrighted picture, and that the description of the copyrighted picture in the bill of complaint correctly describes the picture shown as Exhibit A. The certificate of registration states that the picture is entitled, “Song of the Bluebird,” that the author is Kenyon, and that the first publication was December 26, 1924, all as alleged in the bill of complaint. If Exhibit A is not the copyrighted picture, it means that plaintiff has substituted for the copyrighted picture another picture by the same author, with the same title and corresponding in general description, and has fraudulently imprinted a notice of copyright thereon. This is an assumption we should be slow to make, without any proof whatever. Prima facie, the proof that Exhibit A was a copy of the registered picture was enough.

[17–20] It is further contended by defendant that plaintiff has failed to prove compliance with section 18 of the act (17 USCA § 18) in respect to notice. The bill avers that each and every copy of the picture “has carried this legend”—referring to the copyright notice set out in paragraph 4—and further alleges in paragraph 5, upon information and belief, that upon every published copy of the picture there has been inscribed the required notice. The answer denies that plaintiff has complied with the requirements of the act, and asserts it has published copies of the picture without notice of copyright. The affidavit of Mr. Bendien, defendant’s president, also states:

“The plaintiff herein is a calendar manufacturer, and when reproductions of plaintiff’s said picture were put on the market they were applied to calendars. I remember seeing these calendars for the year 1926, which were without any copyright notice whatsoever. It was for this reason that I took up the matter of obtaining the right to reproduce copies of this picture in print form with the plaintiff. * * *”

Five copies of the picture were presented as exhibits by defendant, bearing no notice of copyright. One of these is affixed to a form for a calendar, and on the calendar form is printed plaintiff’s name. None of the other copies bears any name. It is not enough to show that the picture was without the statutory notice when it came into the defendant’s possession; it must appear that it left the plaintiff’s possession in that condition. Falk v. Gast Lith. & Eng. Co., 54 F. 890 (C. C. A. 2). Bendien’s affidavit is open to the same objection. It merely shows that the calendars he saw in 1926 lacked the notice. There is no evidence in the record to show where any of these exhibits came from, or to connect plaintiff with them in any way, unless the imprint of plaintiff’s name upon the calendar form is sufficient to do so with respect to that one. The appearance of plaintiff’s name upon this may be some evidence that it emanated from plaintiff's establishment. See Wigmore, op. cit. §§ 150, 150a. But it is not sufficient, in the absence of other testimony connecting plaintiff with it, to upset the holding of the court below. See Falk v. Gast Lith. & Eng. Co., 40 F. 168 (C. C. N. Y.). No calendar is attached to the calendar form. Indeed, an inspection of it leaves us in some doubt whether it is more than a sample advertisement, from which dealers might place orders for calendars mounting the picture. If merely a


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MAGINE Napoleon in the full tide of any of his successful campaigns stopping to explain to some neutral Power why he had destroyed some architectural treasures in the wrath of war!" exclaims a newspaper writer in a recent article. And yet, as this writer proceeds to state, European nations now at war have taken the trouble to make persistent appeals to the American people for their good will and justification. From the very first, not only the rulers, but the enlightened scholars of the various countries, have done their utmost to persuade the public opinion of the United States of the righteousness of their cause, the nobility of their ideals. This literature of justification, consisting not merely of tracts and magazine articles, but of hundreds of books, has grown so astoundingly voluminous that it is doubtful that any single person could read it through in his lifetime. Indeed, this war among the authors of the various nations who are trying to justify their respective countries is being waged on almost as great a scale as the war waged by means of guns and ships and aeroplanes. This war of ideas has been waged so earnestly and to such length that one American newspaper wittily asks, "Why not stop the war and let the German and English authors fight it out?"

However, this appeal of the warring nations of Europe to the American people is a phenomenon of incalculable significance both to America and to the world. First of


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 all, it means that the great American public which is reading this literature is receiving a practical education which enables it more than ever to think in terms of world problems and international outlooks. Never be fore has the average man of any country so had his vision widened by a compelled attention to the questions of international welfare and ideals. Every phase of the fundamental principles involved in the relations of nations and races has been emphasized and brought to his notice and has become part of his daily thought and conversation. This daily reaction in intellectual terms upon a great international situation is perhaps the most pervasive and important educational force that has ever molded the popular mind of any country. It will contribute mightily to the formation of the character not only of the American of this generation, but of the American of the future.

Second, this appeal to the American public is significant as showing that civilization has at last reached that stage where certain codes of righteousness inherent in the popular convictions are to be reckoned with. Whether any nation in Europe is really justified is not the point: the great and illuminating fact is that they seek justification. In other words, the world has come to a stage of progress where it is so well recognized that might alone does not make right, that might must perforce approve itself on grounds of morality before the conscience of the world. This is a phenomenon new in the history of war; and, to those who see deeply, it means the beginning of the end of the attempt to solve great problems by the use of mere force. For Europe so much as confesses that mere force and the victory that comes therefrom is not sufficient; force in itself can no longer


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 be justified by the mere glory of its prowess. No, the battle is lifted at last to the higher plane where reason is the only justification for the right, the very reason which, in the logic of its growing supremacy, shall finally supplant force entirely as the court of great issues between peoples.

Third, this appeal to American public opinion is especially significant because it recognizes that America has a unique part in world welfare and world progress. America the conscience of the world! Now, a conscience when appealed to, must answer. It is not passive; it has unequivocal obligations to utter truth and to guide to righteous action. This is America's supreme responsibility at the present time: to answer the innumerable appeals to her sense of fair play and her ideals with an unambiguous message to Europe's warring Powers. Even if America had not been appealed to at all by these Powers, she ought, as the greatest of neutral nations, to realize her grave responsibility and supreme opportunity to do all that she can to aid the world to bring order out of chaos and to see to it that this order shall be a new order, in terms of which the war system shall be seen to be irrational and impossible.

To some minds it seems perilous for the American people to assume any definite responsibilities in the present conflict, since anything that the American people might say or do would seem likely to involve a breach of the neutrality which we have been trying to observe. But this is wholly to misunderstand what neutrality means. America is indeed anxious that her possibilities of service to the warring nations shall not be imperilled by her taking sides in favor of a nation, or group of nations, either through her government or through her


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 public opinion. But such neutrality with regard to countries does not at all involve a passive neutrality with regard to great principles of social welfare, which are being imperilled not by any one nation in particular, but by the very existence of the European conflict, especially as viewed in terms of its historic causes and possible results.

For ages the race has been struggling toward what we somewhat vaguely call civilization. This struggle has meant the gradual realization of certain fundamental desires and needs of the human spirit, the attainment of which was always thought of as involving a social order in which the individual would be given larger and larger opportunities for the achievement of those ideals which alone give value to his life. For the realization of this social order, not only the great leaders of men, but the masses have thought and toiled and sacrificed and died ever since man began to lift himself above the blind instincts of the brute. Nor has this ideal social order been merely an undefined dream. Gradually, as mankind has grown more self-conscious, it has gained definiteness, until it has been seen to involve the supremacy of certain principles without which any permanent civilization is impossible. The race learns by long and arduous experience: and the emerging of these principles themselves into the mere thoughts of what might some day be is a long and fascinating story, for which we have no time here. The great truth to be made apparent is this: these indispensable principles of human welfare have nowhere been more speedily or more fully realized than in the social and political institutions of the American people.

Now, if this is so, America has a unique responsibility


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 sample, it did not require the statutory notice. See Werckmeister v. Springer Lith. Co., 63 F. 808 (C. C. N. Y.); Stecher Lith. Co. v. Dunston Lith. Co., 233 F. 601 (D. C. N. Y.).

[21, 22] Under the former law it was provided that no person should maintain a suit for injunction, unless he affixed to the several copies of every edition the statutory notice. Rev. St. § 4962. Even an ineffectual attempt to affix the notice barred suit against an infringer with knowledge of the plaintiff’s claim of copyright. Thompson v. Hubbard, 131 U. S. 123, 149, 9 S. Ct. 710, 33 L. Ed. 76. The act now in force has introduced an amelioration. Section 9 (17 USCA § 9) requires notice to be affixed to each copy. Section 18 gives the form of notice, and section 20 (17 USCA § 20) provides what happens in case of an inadvertent omission of the notice, as follows:

“Where the copyright proprietor has sought to comply with the provisions of this title with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who has been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct.”

Under this section, if the plaintiff “has sought to comply,” he may enjoin an infringer who had actual knowledge, even though copies of the picture have inadvertently been published without the notice. Plaintiff’s averment that each copy has carried the notice justifies a finding that he has sought to comply. Do defendant’s affidavits and exhibits raise sufficient doubt, so that the granting of a preliminary injunction was an abuse of discretion? We think not. Defendant’s affidavits and exhibits are consistent with the view that any copies omitting notice were published inadvertently or without plaintiff’s authority. There is no allegation in answer or affidavit that plaintiff intentionally omitted the notice. None of the exhibits are connected with the plaintiff. Actual notice of the copyright prior to the infringement is brought home to the defendant. Therefore we think the plaintiff made out a prima facie case for the injunction. We cannot say the injunction was improvidently granted. This does not preclude defendant from establishing upon final hearing, if it can, that plaintiff has published copies of the picture without notice of its copyright. Whether the effect of such proof will, under the present act, put upon plaintiff the burden of proving the omission to have been inadvertent, or what the effect of failure to prove the omission inadvertent, we need not now say. See Weil, Copyright Law, 349, 350. No decision under the present law has come to our attention.

The decree is affirmed, with costs.

Appeal from the District Court of the United States for the Southern District of New York.

Action by the Ham Boiler Corporation against Herman Hugo and another. From a decree holding that Adelmann patent, No. 1,272,883, claim 1, and Adelmann patent, No. 1,497,885, claims 1 and 3, were valid and


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 as the custodian and defender of these principles. If any social movement or international complication happens to involve the denial or betrayal of these principles for which America has fought and for which her civilization stands, the American people surely cannot be neutral with regard to such a social movement or international complication. Well, at this present moment these principles of human welfare are being denied, betrayed, prejudiced and imperilled by the European conflict together with its significant and far-reaching influences. Thus America has a decisive message to Europe, not only in behalf of her own ideals, but for the sake of the welfare and progress of human beings everywhere. In standing for these principles America will be exemplifying a new patriotism: a patriotism not merely to a plot of ground which we call our native land, but a patriotism to those truths upon the triumph of which depend the conservation of universal progress and the security of the future of the world.

What are these principles for which the race has struggled? In what way can American life be said to stand for them? How has Europe denied them? And what is America's message to Europe in view of this denial?

One thing for which the race has insistently struggled is the supremacy of reason in human affairs. If man is not yet "the rational animal" he has, at any rate, striven to become more and more rational. Indeed, one could almost define the progress of civilization as a struggle toward reasonableness. Thus the great philosophers have been busy from time immemorial in trying to express


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 in terms of reason what man is and what is his relation to his universe. The great scientists have bent all their energies to a discovery of the laws of reason that govern all phenomena and have attempted to reduce man's world to logical order. The great moralists have always appealed to reason as the final guide of human conduct, and have taught us to see the illuminating truth that to be right is to be reasonable, and that to be thoroughly reasonable is to be thoroughly right. Thus civilization, turning its thought more and more upon itself, has more and more endeavored to justify itself by its rationality. Thus it is that every institution has had to defend itself finally by convincing the world of the logic of its claims to recognition. Thus it is that the goal of education has been to teach the average man to reason for himself that he might indeed "prove all things" and "hold fast that which is good."

If there is any country which more than any other has recognized and approximated this desire for the reign of reason in human affairs, it is the United States. Indeed, this is the fundamental significance of American democracy. Why free speech? For the purpose of giving every man a free chance of expressing his reasoned convictions on all great issues of social welfare, and for the purpose of giving him the opportunity of freely hearing the freely uttered reasons of his fellows. Free speech makes possible social reason: that is its only excuse. And why the ideal of the universal ballot? So that reasoned convictions may be made final, operative and efficient in deciding the great social and political problems, the solution of which means human progress. This democracy is above all a school of reason; a school more effective than any ordinary school, since its mem-


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 bers must perforce suffer through their own errors and thus all the more speedily learn to think intelligently and cautiously upon those issues upon which their happiness depends. The public school system of America is the greatest system of education ever devised. It came into being in order that a self-governing people should achieve the intelligence to think and act through reasoned convictions rather than prejudice and impulse. Far as America is from realizing the perfect ideal of Utopian dreamers, she comes nearer than any country of history to exemplifying what might be called an "age of reason."

America has not only insisted upon the reign of reason in national affairs, but in the great problems of international relations as well. For over one hundred years there has been a growing movement among American thinkers of international repute in favor of arbitration and adjudication as the true methods of solving the difficulties that arise between nations. Ever since 1815, when the first peace society of the world was organized in America, the sentiment in favor of the rational settlement of international disputes has gained more and more adherents among the masses of the people. To-day the American organizations that look toward the substitution of law for war are among the most influential and efficient in the world. America's leadership for the reign of reason in international affairs has been evinced nowhere more conspicuously than at the Hague Conferences. America's representatives to these Conferences were men who had attained a high place in the regard of the American people. To the First Conference were sent men of such signal eminence as Andrew Dickson White and Frederick W. Holls. To the Second Conference were sent Joseph H. Choate and Gen. Horace Porter.


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 At both of these Conferences the American representatives made important contributions to the discussions. After the Hague Conference established the Permanent Court of Arbitration, the first case which this court had to decide was one brought before it by the United States and Mexico. Thus in the public mind, in public speech, and in conspicuous deed America has more and more been the champion of international democracy,—as over against the reign of autocratic force as the arbiter of international questions.

It is this principle of reason in civilization which the European conflict now ruthlessly repudiates. First, if the issue, whatever it is, over which the European war is being fought, is a rational issue, a civilization of reason would settle that rational issue by the only means that can settle issues of reason: namely, reason itself. But it is notorious that no serious and concerted attempt was made by the European nations to settle their difficulties by an appeal to arbitration. Indeed, the conflict was precipitated too quickly for public opinion to reason about the issues at all, or even to know precisely what the issues were. Instead of appealing to reason, which alone can settle rational problems, there was an immediate appeal to force, which in itself never solved a single rational problem. But it may be objected that the issues concerning which the European nations are fighting do not represent the sorts of problems which could be decided by an appeal to reason. If this is the case, then the problems themselves are not rational problems and European civilization sins in going to war on account of irrational or non-rational impulses and prejudices rather than on account of intelligible and intelligent ideals. If it be replied that not all European civiliza-


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 tion is to be thus accused, but only the selfish aggression of a single country or group of countries, which thus have only a secondary respect for a rational world order, one must, of course, modify his judgment of European culture as a whole in terms of this fact. However, the large truth which we contemplate is this: European nations are engaged in a desperate struggle of the primitive sort that endeavors to show not, through reason, which is right, but, through force, which is strongest. The dilemma is clear; either the issues of Europe should have been submitted to reason: or, if they were issues that were irrational to begin with, so that reason could not solve them, they should never have been allowed to prevail to the extent of causing the international anarchy which is Europe's situation at the present time. Thus, in either case, the European struggle represents a denial of the reign of reason in civilization,—the fundamental truth for which the American democracy has stood both nationally and internationally.

Furthermore, the European conflict violates the principle of reason in civilization through the fact that it indefinitely injures and retards that international co-operation in intellectual endeavors which has been one of the most signal expressions of the civilization of the last fifty years. Science, yea, culture of all sorts had become an achievement of the co-operation of all races and of all nations. One of the visible expressions of this cultural co-operation was to be found in the existence of the numerous international congresses and international journals, through which the leading thinkers of all peoples interchanged their thought and gained untold inspiration. For the time this is a thing of the past; and it will be years before this cordial international


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Rh

At the time of the Blavatsky season in London and Cambridge, the lately-founded Psychical Research Society, which had close connexion with the University town, was spoiling for something to investigate, and it decided to investigate Madame Blavatsky. Madame and her friends were delighted with this testimony to the stir which they had made, and entered into the thing with every hope of converting the Researchers. Were they not all ready to asseverate that such-and-such things had indeed happened in India?

Whatever Theosophists may now say, the ‘S.P.R.’ was certainly not a hostile tribunal. Its very existence and objects were a challenge to the average educated prejudice which assumes that nothing can ever happen in nature which is not accounted for in current scientific textbooks. The society had itself vouched for “telepathy,” and coquetted with “phantasms of the living”; it has since bestowed a statistical respectability on the common ghost. To the miracles of Adyar some of its members had lent a more than friendly ear. One of the most prominent had actually been dubbed a chela. Dr. Hodgson (now secretary of the S.P.R. American Branch), who conducted the Indian part of the inquiry, declared that whatever prepossessions he may have


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 co-operation is re-established. The destruction of the complex system of economic interchange is disastrous enough: but the destruction of the spiritual sympathy and the common cultural ideals of mankind is infinitely worse; for, after all, the former is the expression of the latter.

In view of this assault upon the supremacy of reason in civilization America's message to Europe is direct and unequivocal. In terms of our own democracy and its appeal to reason, Americans should convince themselves and the rest of the world that there is such a thing as a logic in history: that no question is settled until it is settled rationally and in accordance with righteousness and justice: that might without right is futile, since if a question is settled by might alone, it will arise to confront civilization in some form even more crucial than before, to demand settlement by intelligence and not by force. Thus indirectly the American people are constrained to feel that part of the solution of Europe s age-long difficulties is the gradual institution among the people of those efficient auxiliaries of reason, free speech and universal suffrage,—in short, democracy. For the more democracy comes to itself, the more is it opposed to the war system: since the war system is itself opposed to democracy's reason and moreover is utterly against the fundamental interests of the common man. Democracy is essentially antithetical to war, and war is essentially incompatible with the genius of democracy.

In the first place, war and despotism go hand in hand. The spirit and principles of war are thoroughly despotic. Even a democracy is transformed into a qualified despotism in times of war. "With war," says John Quincy Adams, "comes a full power over the whole subject,


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18 had “were distinctly in favour of occultism and Madame Blavatsky.”

When Mr. Hodgson got to India he found people very much excited over some highly suspicious and suggestive letters which had just appeared in a Madras paper, communicated by the Madame Coulomb already spoken of, and alleged by her to have been written by Madame Blavatsky. Mr. Hodgson had to inquire on the spot: first, into the genuineness of these letters; secondly, into that of the missives alleged to have been precipitated by Mahatmas; thirdly, into the credibility of the evidence about other marvels given before the Psychical Committee by Madame herself, Colonel Olcott, Mr. Sinnett, and Mohini. He inquired and investigated for three months; and his report, with copious facsimiles and plans, is on record in Part IX. of the S.P.R. Proceedings (December, 1885).

The allegation of the Coulombs was that the whole series of miracles had been a matter of vulgar trickery, some of which they had been employed to carry out for Madame. During Madame’s absence in Europe, the people at Adyar had quarrelled with them and dismissed the pair, partly for having at various times hinted to outsiders the secrets which they now proceeded to make a clean breast of. The origin of their close relationship with Madame Blavatsky is obscure. She and Madame Coulomb had been associated at Cairo in the seventies in some “page” which the foundress of Theosophy had expressed a wish to have “torn out of the book of my life.” By the foundress’s own account, this torn-out page was such as made it odd that she should pitch on the Coulombs when in want of fit guardians for the sacred Shrine. Mrs. Besant once expounded to me a theory that Madame did this, with the full foreknowledge that frauds would follow and would discredit her and her Masters, partly from a sublime benevolence towards the wicked Coulombs, partly because it was necessary that she should herself “have her Calvary.” It was the same combined motives, no doubt, which led Madame Blavatsky to act more than once exactly as if Madame Coulomb had some secret hold over her. An agitated telegram from Paris, however, failed to heal the present rupture; and the result was the giving to the press of a long series of letters in Madame’s hand, teeming with veiled instructions to the Coulombs which fitted in at every point with their accounts of jugglery at Adyar.


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 even of slavery. It is a war-power; and when your country is actually in war, Congress has power to carry it on, and must carry it on according to the laws of war; and by those laws a country has all its laws and institutions swept by the board and martial law takes the place of them. Peace is essential to our prosperous or permanent freedom. Almost every republic in the world has fallen a victim to war; and if our liberties are ever lost, they will, in like manner be cloven down by the sword. The soldiers even of Washington, urged him in a moment of passion, to assume the sceptre; had he been almost any other man, he would have seized the occasion to raise for himself a throne upon the ruins of our nascent freedom; and though that incomparable man spurned the offer, yet, must war, become either habitual or frequent, bring on, sooner or later, such exigencies as will leave us at the mercy of some future Caesar or Napoleon." This may seem a little too radical an opinion, and yet so calm a judicial mind as that of Judge Jay uttered itself of the sentiment that "war has always been adverse to political freedom." Madison is very full and emphatic concerning the despotic tendencies of war. "Of all the enemies of public liberty," he says, "war is perhaps the most to be dreaded."

In a speech in the Reichstag on February 9, 1876, Bismarck made this significant statement: "The mass of the people has usually no inclination for war. The torch of war is lit by minorities, or, in absolute governments, by rulers or cabinets." If this is true—and it undoubtedly is—the people should be given more and more of a share in the power to decide rationally what war decides by force,—especially as it is also true, to quote Bismarck again, that "even a successful war" is "in


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Rh The Coulomb story tallied also with equal accuracy with such outside circumstantial evidence as happened to touch it. Did Madame Coulomb allege that a “miracle” was worked by the substitution of one vase for another exactly similar, the shop she named proved to have record of the purchase of just such an exact pair just before the date of the miracle. Did she make a similar statement about a “miraculous” shower of roses, the like corroboration would be forthcoming. Did her husband describe the famous “Shrine” cupboard as a trick-cabinet with three sliding panels in the back, the panels had to be admitted, and explained by Madame as “for convenience of packing in case of removal.” It had hung against a hidden recess in the wall—there was the recess, the coincidence had to be deplored as unfortunate. On the other side of that recess, in Madame’s bedroom, the sideboard had a false back—that, too, was to be seen, and the Theosophists must content themselves with alleging that M. Coulomb had made it so after the miracles, and in the nick of time for the inquiry. As for the scribbled instructions and letters in which some of these arrangements were clearly hinted at, Madame was driven to the peculiar course of admitting some letters and even parts of letters and denying the rest. This, by the way, was exactly what she had done about a similar incriminating letter on the subject of a trick “missive,” which was planted on Mr. C. C. Massey, in 1882; the discovery of which led to the resignation of that gentleman and others from the Society.

As for the evidence of Madame and her friends about special “phenomena” it had already so melted away under the application of ordinary evidential canons as to leave the field clear for the Coulomb theory. The “tests” with which in some cases the Mahatmas had insisted on supplementing the credibility of their witnesses were as worthless and disingenuous as all the rest.

Last, what of the Mahatma missives?—precipitated from the Himalayas, speaking in the persons and signed with the superscriptions of Mahatma Morya and Koot Hoomi Lal Sing. These precious documents, which had been rained among the faithful with a copiousness almost amounting to garrulity, had been a little discredited already. The prosy and sometimes illiterate verbiage of the Tibetan sages was a severe trial to the enthusiasm of


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 itself an evil and from which peoples must be saved by the science of statesmanship." With the rise of democracy will come the decline of secret diplomacy, which has been one of the most insidious of the proximate causes beneath the present European conflict. For secret diplomacy, while almost indispensable to the war system, is inimical to the full spirit of democratic institutions. The International Peace Bureau at Berne rightly introduced the following as the fifth plank of its recent program for international order:

But America's message to Europe in behalf of the reign of reason is not expressed merely in terms of words and theories. Our country itself exemplifies to the world in its Union of States the way in which law may be made to replace war. The states of our Union do not settle their disputes by an appeal to arms, nor are their boundaries bristling with fortifications. The appeal to a federated reason has become so much of a common place in this country that the average citizen hardly appreciates what a significant triumph the American Union is and what a living example such a Union is of what may yet be achieved, however gradually, in the development of world politics. Let no individual nation lose its national integrity, any more than our individual states lose their integrity, though combining for purposes of common welfare. But let the world learn, as we have learned, that variety and unity can go together,—must go together if the highest things of human welfare are


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HEN the day of Iseult's livery to the Lords of Cornwall drew near, her mother gathered herbs and flowers and roots and steeped them in wine, and brewed a potion of might, and having done so, said apart to Brangien:

"Child, it is yours to go with Iseult to King Mark's country, for you love her with a faithful love. Take then this pitcher and remember well my words. Hide it so that no eye shall see nor no lip go near it: but when the wedding night has come and that moment in which the wedded are left alone, pour this essenced wine into a cup and offer it to King Mark and to Iseult his queen. Oh! Take all care, my child, that they alone shall taste


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 this brew. For this is its power: they who drink of it together love each other with their every single sense and with their every thought, forever, in life and in death."

And Brangien promised the Queen that she would do her bidding.

On the bark that bore her to Tintagel Iseult the Fair was weeping as she remembered her own land, and mourning swelled her heart, and she said, "Who am I that I should leave you to follow unknown men, my mother and my land? Accursed be the sea that bears me, for rather would I lie dead on the earth where I was born than live out there, beyond"

One day when the wind had fallen and the sails hung slack Tristan dropped anchor by an Island and the hundred knights of Cornwall and the sailors, weary of the sea, landed all. Iseult alone remained aboard and a little serv-


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 to be achieved. Let the United States of America be followed by the United Nations of the World!

The second great principle for which American civilization has stood is the value of the individual. The securing of this recognition of the individual has been the result of a long and painful struggle. There was a time when the individual counted for naught; when the social unit was everything and the individual nothing. There was little initiative accorded the individual, even in the regulation of what might be called his own private affairs; social tradition dictated most of the things that he had to do and how he was to do them. In religion this insignificance of the individual was expressed in the denial of personal immortality and in making it the sum of religious duty to lose all personal desires, and indeed all personal identity, in God as the Absolute in whom all things are merged. The person was but a passing wave in the infinite sea,—an illusion, in short. In the state, this idea of the worthlessness of the individual was expressed in the doctrine that the individual exists to be used by the state for its own purposes: it was a controversion of political philosophy to suppose that the state existed for the individual.

Out of the suppression involved in such social solidarity the individual has gradually emerged and claimed his freedom and his rights. To-day in America the individual has come to his own to an extent never before found in human history. No longer does the individual exist for society or for the state: all social institutions, including government, are conceived of as justified only because


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 ing maid, when Tristan came near the Queen to calm her sorrow. The sun was hot above them and they were athirst and, as they called, the little maid looked about for drink for them and found that pitcher which the mother of Iseult had given into Brangien's keeping. And when she came on it, the child cried, "I have found you wine!" Now she had found not wine—but Passion and Joy most sharp, and Anguish without end, and Death.

The Queen drank deep of that draught and gave it to Tristan and he drank also long and emptied it all.

Brangien came in upon them; she saw them gazing at each other in silence as though ravished and apart; she saw before them the pitcher standing there; she snatched it up and cast it into the shuddering sea and cried aloud: "Cursed be the day I was born and cursed the day that first I trod this deck. Iseult,


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20 the more critical Theosophists even where it was apparently original. But it was too much of a good thing when a long doctrinal treatise, which Koot Hoomi had addressed to Mr. Sinnett, was found to be a gross plagiarism from a lecture by an American gentleman which had been reported in a Spiritualist paper a few months before. Nor did it mend matters when, after considerable delay, the illustrious Koot condescended to the newspaper arena, and wrote—we mean precipitated—an explanation which for its evasiveness and general “thinness” is probably unique even in the records of convicted plagiarists.

But now came worse. For the same scrutiny which had identified Madame Blavatsky as the writer of the unblushing letters to Madame Coulomb now found exactly the same characteristics of expression, turns of phrase, and solecisms in spelling in the compositions of Koot Hoomi Lal Sing. As to handwriting, it was shown that the styles of the two august correspondents had been evolved gradually by differentiation from Madame’s ordinary hand. The facsimiles in the report deal only with “K.H.” documents; but the case against those of “M.” is just as strong. I showed a mass of “M.” script, which lies before me as I write, belonging to the earliest period, to a Theosophist well acquainted with Madame’s writing, and in perfect innocence he at once took it for hers. At that time almost the only difference between the two Mahatma scripts was that one affected red pencil or ink, and the other blue.

In a word, it was declared that Koot Hoomi Lal Sing and Mahatma Morya were the same person, and that person Madame Blavatsky. When a missive from the Himalayas floated down into the neophyte’s lap, it was Madame’s own hand which had prepared it, though it was the


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 my friend, and Tristan, you, you have drunk death together."

And once more the bark ran free for Tintagel. But it seemed to Tristan as though an ardent briar, sharp-thorned but with flower most sweet smelling, drave roots into his blood and laced the lovely body of Iseult all round about it and bound it to his own and to his every thought and desire. And he thought, "Felons, that charged me with coveting King Mark's land, I have come lower by far, for it is not his land I covet. Fair uncle, who loved me orphaned ere ever you knew in me the blood of your sister Blanchefleur, you that wept as you bore me to that boat alone, why did you not drive out the boy that was to betray you? Ah! What thought was that! Iseult is yours and I am but your vassal; Iseult is yours and I am your son; Iseult is yours and may not love me."


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 But Iseult loved him, though she would have hated. She could not hate, for a tenderness more sharp than hatred tore her.

And Brangien watched them in anguish, suffering more cruelly because she alone knew the depth of evil done.

Two days she watched them, seeing them refuse all food or comfort and seeking each other as blind men seek, wretched apart and together more wretched still, for then they trembled each for the first avowal.

On the third day, as Tristan neared the tent on deck where Iseult sat, she saw him coming and she said to him, very humbly, "Come in, my lord."

"Queen," said Tristan, "why do you call me lord? Am I not your liege and vassal, to revere and serve and cherish you as my lady and Queen?"

But Iseult answered, "No, you know that you are my lord and my master,


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Rh no less useful if humbler function of M. Coulomb to jerk it from the ceiling at the critical moment with a string, or deftly pass it through the sliding panel into the closed Shrine.

Passing by the committee’s report on Madame Blavatsky herself, what of her leading disciples? Of Colonel Olcott it was declared proven that in a Theosophical connexion he was either unable to describe anything as he really saw it, or else to see anything as it really was. Mohini and Mr. Sinnett were disposed of in much the same way. Damodar—the astral Damodar—was charged explicitly as a confederate of Madame in Missive-manufacturing. Mohimi, the fascinating saint, hurried back to India with a damaged halo. Mr. Sinnett has since sprung to fame as a director—not of the regeneration of mankind, but of the Hansard Union. Damodar announced that he was off to find his guru in the Himalayas, disappeared, and has not been seen since by his friends.

William Q. Judge, having been left out in the cold when the hegira to India took place, lived to fight another day, as we shall see. Mrs. Besant had not yet loomed on the Theosophical horizon. Madame Blavatsky herself left England and travelled till the storm had blown over. To the S.P.R. Report no serious answer has ever appeared from that day to this; and it fairly killed the miraculous phenomena. One class of them has reappeared under the ægis of Mrs. Besant; but poor indeed, as we shall see, is the Late Besantine period of mythological architecture beside its gorgeous predecessor.


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 and I your slave. Ah, why did I not sharpen those wounds of the wounded singer, or let die that dragon-slayer in the grasses of the marsh? But then I did not know what now I know!"

"And what is it that you know, Iseult?"

She laid her arm upon Tristan's shoulder, the light of her eyes was drowned and her lips trembled.

"The love of you," she said. Whereat he put his lips to hers.

But as they thus tasted their first joy, Brangien, that watched them, stretched her arms and cried at their feet in tears:

"Stay and return if still you can But oh! that path has no returning. For already Love and his strength drag you on and now henceforth forever never shall you know joy without pain again. The wine possesses you, the draught your mother gave me, the draught the King alone should have drunk with you: but that old Enemy has tricked us, all us three;


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 friend Tristan, Iseult my friend, for that bad ward I kept take here my body and my life, for through me and in that cup you have drunk not love alone, but love and death together."

The lovers held each other; life and desire trembled through their youth, and Tristan said, "Well then, come Death."

And as evening fell, upon the bark that heeled and ran to King Mark's land, they gave themselves up utterly to love.


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22 The villages known to the oldest Pimas are as follows:

There are two Maricopa villages: Hiʼnămâ, Hina Head (hina, a kind of fish) and Tcoʼûtcĭk Wʼtcĭk, which is included among the Pima villages, as it was occupied by them after the Maricopas moved down the river to their present location below Gila Crossing. The Hiʼnămâ people now reside on the south bank of the Salt, east of the Mormon settlement of Lehi.

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 planted stock that has been overtaken by a dry spell. Where the distance has to be traversed so frequently, it naturally follows that the shorter it is the greater will be the saving in time and the less likely is the garden to be neglected.

The garden should be as nearly level as possible, or, if sloping, not so much so as to be in danger of being washed by heavy rains. If sloping, the slope should lie to the south, or as nearly south as possible. A plantation or hedge of evergreens on the north side of the garden will be found a wonderful aid to the earliness of the garden truck and to the hardiness of the small fruit plants and roots which remain in the ground all winter; if a woods or high hill be directly on the north and northwest of your garden, it will answer nearly as well as the hedge of evergreens. The garden should be so situated as to have good surface drainage; without this or expensive underdraining, it will hardly be possible to raise early or fine vegetables at any profit. These I consider the most essential points in selecting the plot for the garden; of course, a good, rich soil is to be desired, but the gardener can, by the liberal use of manure and thorough cultivation, remedy a deficiency of this kind in a couple of years, while he cannot make a favorable location for early vegetables on a north slope if he should try a lifetime. By a careful study of the varieties in cultivation, and by trials of their merits in your garden and on your table, experience will be gained which will enable you to grow as fine vegetables and fruits on heavy soil as on light, sandy loam, and vice versa.


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 they minister to the welfare of the individuals for whom all social organization exists. American civilization has insisted more and more that the individual is priceless: that he is an end in himself, and not a mere thing to be used as a thing. Thus the great watch-cries of American progress have been Freedom and Equality; the freedom of the individual to realize the best that is in him in terms of an inexpugnable personal identity; and the equality of opportunity which carries the doctrine of the pricelessness of persons to its practical conclusion in giving every soul an equal chance in government, in legal recourse, and in the advantages of social institutions.

But this doctrine of the value of the individual, the practical realization of which has been one of America's greatest contributions to modern civilization, is another principle that is being denied and imperilled by the very existence of the European conflict. For the war system which Europe is exemplifying at the present time utterly ignores the individual as such and makes the nation or race the unit of civilization. In the first place, the war came into being not only without the initiative of the average man, but probably counter to his fundamental wishes. The vast armies of individuals who are now engaged in killing each other and in destroying what the average man has built were not consulted with regard to the issues concerning which they are now fighting; they find themselves absolutely ignored as individuals and recognized only as soldiers,—as so much material to be used up by the state as it may seem fit. Furthermore, at this stage of human progress the war system itself involves more of a denial of the rights and welfare of the average individual than ever it did before. For, while the European conflict is waged in terms of supposingjay hudson new internationalism?


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S King Mark came down to greet Iseult upon the shore, Tristan took her hand and led her to the King and the King took seizin of her, taking her hand. He led her in great pomp to his castle of Tintagel, and as she came in hall amid the vassals her beauty shone so that the walls were lit as they are lit at dawn. Then King Mark blessed those swallows which, by happy courtesy, had brought the Hair of Gold, and Tristan also he blessed, and the hundred knights who, on that adventurous bark, had gone to find him joy of heart and of eyes; yet to him also that ship was to bring sting, torment and mourning.

And on the eighteenth day, having


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 called his Barony together he took Iseult to wife. But on the wedding night, to save her friend, Brangien took her place in the darkness, for her remorse demanded even this from her; nor was the trick discovered.

Then Iseult lived as a queen, but lived in sadness. She had King Mark's tenderness and the barons' honour; the people also loved her; she passed her days amid the frescoes on the walls and floors all strewn with flowers; good jewels had she and purple cloth and tapestry of Hungary and Thessaly too, and songs of harpers, and curtains upon which were worked leopards and eagles and popinjays and all the beasts of sea and field. And her love too she had, love high and splendid, for as is the custom among great lords, Tristan could ever be near her. At his leisure and his dalliance, night and day: for he slept in the King's chamber as great lords do, among the


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 lieges and the councillors. Yet still she feared; for though her love were secret and Tristan unsuspected (for who suspects a son?) Brangien knew. And Brangien seemed in the Queen's mind like a witness spying; for Brangien alone knew what manner of life she led, and held her at mercy so. And the Queen thought: Ah, if some day she should weary of serving as a slave the bed where once she passed for Queen If Tristan should die from her betrayal! So fear maddened the Queen, but not in truth the fear of Brangien who was loyal; her own heart bred the fear.

Not Brangien who was faithful, not Brangien, but themselves had these lovers to fear, for hearts so stricken will lose their vigilance. Love pressed them hard, as thirst presses the dying stag to the stream; love dropped upon them from high heaven, as a hawk slipped after long hunger falls right upon the bird. And


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 love will not be hidden. Brangien indeed by her prudence saved them well, nor ever were the Queen and her lover unguarded. But in every hour and place every man could see Love terrible, that rode them, and could see in these lovers their every sense overflowing like new wine working in the vat.

The four felons at court who had hated Tristan of old for his prowess, watched the Queen; they had guessed that great love, and they burnt with envy and hatred and now a kind of evil joy. They planned to give news of their watching to the King, to see his tenderness turned to fury, Tristan thrust out or slain, and the Queen in torment; for though they feared Tristan their hatred mastered their fear; and, on a day, the four barons called King Mark to parley, and Andret said:

"Fair King, your heart will be troubled


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 and we four also mourn; yet are we bound to tell you what we know. You have placed your trust in Tristan and Tristan would shame you. In vain we warned you. For the love of one man you have mocked ties of blood and all your Barony. Learn then that Tristan loves the Queen; it is truth proved and many a word is passing on it now."

The royal King shrank and answered:

"Coward! What thought was that? Indeed I have placed my trust in Tristan. And rightly, for on the day when the Morholt offered combat to you all, you hung your heads and were dumb, and you trembled before him; but Tristan dared him for the honour of this land, and took mortal wounds. Therefore do you hate him, and therefore do I cherish him beyond thee, Andret, and beyond any other; but what then have you seen or heard or known?"


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 that nations and races are the real units of civilization, the fact is, as Norman Angell has so well pointed out, that all the things fundamentally worth while to the life of the average person have become international and interracial property and can exist only in terms of international and interracial co-operation. In the very methods of modern warfare the individual is denied as never before: for these methods involve the use of a sort of machinery of slaughter that almost ignores individual bravery and prowess, and thus gives less chance for the breeding of individual heroism than has been true in the wars of the past. Thus, no matter from what angle one looks at the European conflict, whether it be from the standpoint of politics, economics, ethics, or the very conduct of the war itself, the rights of the individual for which America stands are ignored or repudiated.

Thus again, America has an unequivocal message to Europe, and calls upon Europe's nations to realize that there is no excuse for any function of government save as it gives the greatest number of individuals the chance to achieve self-realization to the utmost: to realize that the true difference between men is not the difference created by the accident of nativity, citizenship or race, but is to be found in their variations in development toward that common human ideal of culture and of welfare which fundamentally unites all men. America calls upon Europe to substitute for autocracy, equality; for oppression, freedom; and for the doctrine that the individual is a thing to be used, the great truth that the human soul, with its body—every human soul, with its bodyis sacred and priceless and shall not be violated by the capricious or permanent will of any society or of any government.


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 Ground that has been worked in some cultivated farm crop, such as corn or potatoes, is more desirable for starting a garden than fresh sod land, as it is more easily brought into fine condition in the early spring; while grass is one of the hardest weeds to exterminate, especially among small hoed crops, such as strawberries, onions, beets, etc. Sod land is also often full of grubs, which work havoc among the strawberry plants and young melon and squash vines. In either new ground or in the old established garden, it will be of great advantage to put the long, coarse manure on the ground in the fall, and plow it well under as soon as the ground can be cleared of the summer crops. The soil should be left just as it is plowed, without harrowing, leaving the lumps and ridges to the action of the frost. This will be found of especial benefit to heavy soils that are late in drying in the spring; it also adds a great deal to the appearance and cleanliness of the garden, as the weeds, old stalks, etc., are all cut off and burnt before plowing, instead of being left to scatter their seeds with every winter wind.

The gases arising from the decaying of the coarse manure in the soil tend to lighten it, instead of being wasted in the air, as is the case when the manure is in heaps or in the barnyard. By plowing-time in the spring the manure will have assimilated with the soil and will be thoroughly worked through the cultivated surface, thus affording food for the crops in all stages. If such manure is applied in the spring, it will make dry or thin soil still drier, and unless


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Quotation marks and apostrophes
Should we use curly or straight ? -- Beardo (talk) 01:47, 3 January 2024 (UTC)

 * Straight quotes are preferable, I think. Ciridae (talk) 05:16, 3 January 2024 (UTC)
 * OK. -- Beardo (talk) 05:31, 3 January 2024 (UTC)


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No L 126/30

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation No 120/67/EEC of 13 June 1967 on the common organization of the market in cereals, as last amended by Regulation (EEC) No 85/75, and in particular Article 14(4) thereof;

Having regard to Council Regulation No 359/67/EEC of 25 July 1967 on the common organization of the market in rice, as last amended by Regulation (EEC) No 476/75, and in particular Article 12(4) thereof;

Whereas the import levies on products processed from cereals and rice were fixed by Regulation (EEC) No 1111/75, as last amended by Regulation (EEC) No 1234/75 ;

Whereas the levy on the basic product as last fixed differs from the average levy by more than 0.25 unit of account per 100 kilogrammes of basic product; whereas, pursuant to Article 1 of Regulation (EEC) No 1579/74, the levies at present in force must therefore be altered as shown in the table annexed to this Regulation,

The import levies to be charged on products processed from cereals and rice covered by Regulation (EEC) No 1052/68, as last amended by Regulation (EEC) No 980/75 , as fixed in the Annex to amended Regulation (EEC) No 1111/75 are hereby altered as shown in the table annexed to this Regulation.

This Regulation shall enter into force on 17 May 1975.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 May 1975.


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 "Naught, lord, save what your eyes could see or your ears hear. Look you and listen, Sire, if there is yet time."

And they left him to taste the poison.

Then King Mark watched the Queen and Tristan; but Brangien noting it warned them both and the King watched in vain, so that, soon wearying of an ignoble task, but knowing (alas!) that he could not kill his uneasy thought, he sent for Tristan and said:

"Tristan, leave this castle; and having left it, remain apart and do not think to return to it, and do not repass its moat or boundaries. Felons have charged you with an awful treason, but ask me nothing; I could not speak their words without shame to us both, and for your part seek you no word to appease. I have not believed them had I done so  But their evil words have troubled all my soul and only by your


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 absence can my disquiet be soothed. Go, doubtless I will soon recall you. Go, my son, you are still dear to me."

When the felons heard the news they said among themselves, "He is gone, the wizard; he is driven out. Surely he will cross the sea on far adventures to carry his traitor service to some distant King."

But Tristan had not strength to depart altogether; and when he had crossed the moats and boundaries of the Castle he knew he could go no further. He stayed in Tintagel town and lodged with Gorvenal in a burgess' house, and languished oh! more wounded than when in that past day the shaft of the Morholt had tainted his body.

In the close towers Iseult the Fair drooped also, but more wretched still. For it was hers all day long to feign laughter and all night long to conquer


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 fever and despair. And all night as she lay by King Mark's side, fever still kept her waking, and she stared at darkness. She longed to fly to Tristan and she dreamt dreams of running to the gates and of finding there sharp scythes, traps of the felons, that cut her tender knees; and she dreamt of weakness and falling, and that her wounds had left her blood upon the ground. Now these lovers would have died, but Brangien succoured them. At peril of her life she found the house where Tristan lay. There Gorvenal opened to her very gladly, knowing what salvation she could bring.

So she found Tristan, and to save the lovers she taught him a device, nor was ever known a more subtle ruse of love.

Behind the castle of Tintagel was an orchard fenced around and wide and all closed in with stout and pointed stakes and numberless trees were there and


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 fruit on them, birds and clusters of sweet grapes. And furthest from the castle, by the stakes of the pallisade, was a tall pine-tree, straight and with heavy branches spreading from its trunk. At its root a living spring welled calm into a marble round, then ran between two borders winding, throughout the orchard and so, on, till it flowed at last within the castle and through the women's rooms.

And every evening, by Brangien's counsel, Tristan cut him twigs and bark, leapt the sharp stakes and, having come beneath the pine, threw them into the clear spring; they floated light as foam down the stream to the women's rooms; and Iseult watched for their coming, and on those evenings she would wander out into the orchard and find her friend. Lithe and in fear would she come, watching at every step for what might lurk in the trees observing, foes or the


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 felons whom she knew, till she spied Tristan; and the night and the branches of the pine protected them.

And so she said one night: "Oh, Tristan, I have heard that the castle is faëry and that twice a year it vanishes away. So is it vanished now and this is that enchanted orchard of which the harpers sing." And as she said it, the sentinels bugled dawn.

Iseult had refound her joy. Mark's thought of ill-ease grew faint; but the felons felt or knew which way lay truth, and they guessed that Tristan had met the Queen. Till at last Duke Andret (whom God shame) said to his peers:

"My lords, let us take counsel of Frocin the Dwarf; for he knows the seven arts, and magic and every kind of charm. He will teach us if he will the wiles of Iseult the Fair."

The little evil man drew signs for them and characters of sorcery; he cast


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 the fortunes of the hour and then at last he said:

"Sirs, high good lords, this night shall you seize them both."

Then they led the little wizard to the King, and he said:

"Sire, bid your huntsmen leash the hounds and saddle the horses, proclaim a seven days' hunt in the forest and seven nights abroad therein, and hang me high if you do not hear this night what converse Tristan holds."

So did the King unwillingly; and at fall of night he left the hunt taking the dwarf in pillion, and entered the orchard, and the dwarf took him to the tall pine-tree, saying:

"Fair King, climb into these branches and take with you your arrows and your bow, for you may need them; and bide you still."

That night the moon shone clear. Hid in the branches the King saw his