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 per week. Her list includes stenographers, bookkeepers, cashiers, salesgirls, factory workers, telephone operators, and even fairly good helpers in dressmaking shops. The exceptions are girls who have influence or an introduction through an employee standing high with the firm.

"What experience have you had in this city?" is the question hurled at the newcomer, until she begins to dread it, knowing that the preference will be given to applicants having local references.

It is not to be denied that often the girl from a smaller city or even a village develops into the better clerk or office worker for a Chicago or New York employer than dees the city-born girl; but until she has proven her worth, the newcomer must work at the salary of a local apprentice, no matter what her experience in her home town.

The inexperienced city girl must also start at the smallest wages which the superintendent of the establishment dares to offer, simply because, as I have explained in other chapters, the employer feels that her mistakes will be many and costly, and she will not earn the sum he pays her, no matter how small that may be.

Both the city and the country girl are forced to accept three, four or five dollars per week, quieting their fears by repeating the superin-


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 tendent's consoling words: "But we will increase your salary as fast as you prove your worth."

But even when a girl tries her level best to prove her worth, and when she gives her undivided attention and efforts to the firm's business, it takes weeks and months to master details and to avoid mistakes. And all that time she must live somehow on what the firm pays her. If out-of-town mothers realized just what this period of probation represented in privation, loneliness, perhaps actual physical discomfort, suffering and hunger, they would do all in their power to keep ambitious but untrained daughters at home. But, unfortunately, mothers who have never worked for their living have false ideas of business life. They see only the well-clad, smiling girls behind counters or in offices, and they do not stop to inquire what price these girls paid for their business training, their present economic independence.

And so, every week of the year, and every day of the week, even including Sunday, the railway trains bring to every large city hundreds of girls utterly unprepared to offer skilled labor in return for living wages, girls who must somehow live while being trained to become real wage-earners.

Only women engaged in social work, representatives of the Travelers' Aid Society and

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 matrons of homes or temporary shelters for working-girls, have any conception of the number of unskilled, untrained girls who plunge into cities without sufficient funds to tide them over a fortnight. These girls honestly believe that within a week they will be working somewhere, somehow, on a salary which will not only permit them to live in city comfort, but to send something home to "the folks." The pathos of their ignorance is not a matter for consideration here. Their relief, their social salvation, is a matter of moment.

No mother should permit her daughter to go to a strange city unless she can provide the girl with funds to pay board and room for a month, which will amount to not less than twenty dollars, and the price of her return ticket in case she fails to find work in that time. The mother who recklessly allows her unskilled daughter to enter a strange city armed only with a week's board and high hopes, is guilty of criminal neglect as the guardian of her child's future.

I wish I could drive this lesson into the heart of every mother who feels that her daughter must go to some large city in order to succeed. If the two are convinced that the home town offers no future for the daughter, then let them prove the sincerity of their conviction by earning enough money at home, even if it means taking in washing and ironing, to insure all or


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 part of the daughter's living expenses for at least three months after she goes to the city.

Earnest women in every large city are trying to cope with the social problem of the underpaid girl in store and factory. They are building homes and investigating boarding and rooming-houses, but where there are dozens of self-supporting hotels for men who must live for a song, in only a few cities have hotels for working-women been placed on a business basis. As yet they are semi-charitable institutions, so managed that they appeal neither to the girls who must seek them as a refuge nor to the citizens who are asked to support them. And when I add that $3.50 per week is the minimum charge for board and lodging at these "homes," excepting a few in New York City which are conducted by the Roman Catholic and Episcopal sisterhoods, the country girl and her mother should have a very fair idea of how hard it will be to make the five-dollar-a-week salary meet current expenses.

Fortunate is the out-of-town girl who has relatives located in the city where she goes to seek work. She should communicate with them, and, if possible, make some business-like arrangement for boarding in their home. This is an important step for two reasons. First, when the out-of-town applicant announces to a superintendent of employees that she is living with


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 relatives, this is a social guarantee which always appeals to the city employer. Second, in the home of relatives the price paid for board includes privileges, such as doing one's own laundry work, pressing tailored suits, using a sewing machine, etc., which are often impracticable in a boarding-house or "home," or for which an extra charge is made.

Many girls deliberately avoid relatives on the plea that they prefer "to stand on their own feet." This independence is charming in theory, especially when enunciated in a quiet village, several hundred miles from the turmoil and loneliness of city life. But when the first wave of homesickness sweeps over the country girl in a dreary hall bedroom, she will wish that she had sought the shelter which the home of the despised relatives might have offered. We all know that relatives, on occasion, may be unnecessarily frank in their expression of advice and opinion, but to the girl who finds herself alone in the great city any sort of bloodties affords comforting protection.

The girl who has no relatives or friends in the city should secure all the information obtainable about boarding-places, "homes," etc., before leaving her home town. Such information can generally be secured through the Young Women's Christian Association. In Chicago, Philadelphia, Washington and Boston this as-


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 sociation maintains "homes" or boarding-houses, where room and board can be secured at a very low figure. Good employment bureaus also will be found in connection with these boarding-houses. The Harlem Branch of the same association in New York City, and the Brooklyn rooms carry reliable lists of "homes" and boarding-houses. The bureau of information at the downtown branch of the Y. W. C. A. in New York City, generally known as the Margaret Louise Home, recommends boarding and rooming-houses that are beyond the means of the average girl seeking work in New York. This branch of the association, despite the misleading title, "The Margaret Louise Home," appeals to the successful business woman or tourist, rather than to the girl seeking work. No out-of-town girl should make the common mistake of going unannounced from a New York depot to the Margaret Louise Home. She must write in advance for a room. This is purely a hotel for women, with reasonable charges, and it is always crowded. It is in no sense a shelter or "home" for the girl in search of work.

Pittsburg is building new headquarters for the Y. W. C. A.; Omaha, Neb., has just opened a fine new building; Minneapolis and Los Angeles have inviting headquarters; but not all of these have rooming-houses or dormitories attached.


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 It is always much safer for the out-of-town girl to write well in advance for information, addressing her letter "Secretary, Young Women's Christian Association," and the name of the city where she plans to seek work. She should ask whether this particular branch of the association maintains dormitories and a restaurant, what rates are charged, or, if the rooms are all occupied, what rooming-houses and boarding-places the association recommends; also whether a representative of the Travelers' Aid Society will be found at the depot where she expects to arrive. With this request for information she should enclose a stamped and self-addressed envelope. The very manner in which she approaches this, her first city problem, will betray her thoroughness and her business instinct, incidentally making a good impression on the secretary who receives her letter.

The girl who for any reason is obliged to leave home suddenly and who arrives in a strange city unarmed with advance information, should ask for the representative of the Travelers' Aid Association or the matron in the depot. She should not consult the advertising columns of the daily papers for a boarding-house, as she is ignorant of neighborhoods and their dangers. Any woman connected with the


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 depot staff wil be able to guide the stranger to a "home" or temporary shelter.

The "home" or temporary shelter for working-girls has its disadvantages, I admit. Very often the girls living in such places complain that they feel like inmates of an institution. This is due to the attitude of the matron or superintendent, who is not always a tactful person. But the stranger in a big city will make no mistake in seeking such a refuge. Not only will the low board help her to stretch her small savings to the limit, but she will meet at these "homes" practical working-girls whose knowledge of city life and methods of securing positions will be worth more to her than columns of advertising for work. The proprietor of a second or third-grade boarding-house knows little or nothing of industrial conditions or of openings in the mercantile field. Other boarders at such establishments are either undesirable acquaintances without influence, or they are absorbed in their own affairs. But the bond of fellowship between self-supporting girls at "homes" is strong and vital.

For instance, I know of a college girl from Maine who for weeks tried unavailingly to secure a position in a publishing house. As her means dwindled and her pride rebelled against returning to her native town, she sought refuge in a "home," where she met a little woman who


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 addressed envelopes in a publishing office at six dollars per week. In exactly three days there was an opening in this same office for a filing clerk at five dollars per week, and on the advice of her new-found friend the college girl took it. To-day she is manuscript reader with the same firm and lives in her own little flat. Her employer, talking for the first time with this girl of evident refinement and good social connections, would never have thought to offer her the humble position of filing clerk, which she secured only through her acquaintance with a fellow-worker.

Board at these homes can be secured as low as three dollars per week, if the newcomer is willing to share a dormitory with from three to five other girls. For four dollars and fifty cents or five dollars she can secure a small hall-room that will be hers exclusively. Girls in dormitories have no separate dressing-rooms, and usually two girls must share a locker or closet for clothes. Baths are provided, and the halls and sitting-rooms are heated in winter. The dormitories are not heated. Boarders are governed by somewhat strict rules as to hours of rising and retiring, meals, etc., and no one may stay out later than 10:30, save by special permission.

The Trowmart Inn, Abingdon Square, New York City, Franklin Square House, Boston,


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 Mass., and the Eleanor Homes in Chicago, are managed on a more liberal scale. They are really self-supporting hotels for women at moderate prices, where the girls may and do feel entirely independent. These hotels appeal particularly to the girl who earns between six and ten dollars per week. Single rooms, with breakfast and dinner on week-days, and three meals on Sunday, cost from four dollars and fifty cents a week up. Girls who share rooms with one or more girls secure proportionately lower rates. The price of board and room carries with it many privileges, such as use of a sewing-room supplied with machines, cutting tables, etc., a well-equipped laundry, a gymnasium, parlors, library, etc. Both the sewing and laundry privileges are invaluable, for the out-of-town girl is fairly staggered by the prices charged in cities for both sewing and washing.

The girl who seeks cheap board in a private household, rather than a "home," generally finds herself in wretched quarters, unventilated rooms, mere closets, with no toilet facilities, and a diet of bread, tea, coffee and cheap meats. At three dollars a week she must board in a tenement district, or share a furnished room with several other girls at a cost varying from seventy-five cents to a dollar a week, and make the remaining two dollars cover a week's food.

In the larger cities like New York or Chicago,


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 such landladies as offer board and room for five dollars a week expect two girls to share one room, and one bath is considered sufficient for an entire household of ten, fifteen or twenty. The food is plentiful, but illy prepared. Meats of the cheaper sorts form the important dishes, and bakery stuff of all sorts is served. The bedrooms are not tidy, and the supply of gas is cut to a point so low that a girl must supply herself with a lamp for reading purposes. At some of the better class boarding-houses, neat hall bedrooms can be secured with board for one dollar a day, and for ten dollars per week comfortable quarters with good, wholesome food may be had. The girl who comes from a good family in a small city must count on allowing at least a dollar a day for board and room, if she would live as she is accustomed to at home. In addition to this she must buy her lunch downtown.

I know of several cases where young women have secured board and room, or a portion of it, for domestic services, but to do this one's business hours must be out of the ordinary, and the girl herself must have exceptional strength and endurance. The average working-woman needs every atom of her strength for store, office or factory, and should rest when the day's work is over.

One of the young women referred to is a


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 saleswoman in a millinery establishment, whose manager permits her to leave the store every night at 5:30, and she does not report in the morning until 9. She waits on table at the place where she boards at breakfast and dinner, and pays room rent only. Another girl, who is employed as secretary to an editorial writer, works only from 9:30 to 5, and she keeps house for another business-woman whose hours are much longer. She prepares both breakfast and dinner, does all the dishwashing and marketing, and has a woman come in once a week to do washing and cleaning.

Many girls who desire to avoid both "homes" and boarding-houses write to inquire whether it is not possible to club with other working-girls and rent furnished rooms or a flat for light housekeeping purposes. Such an arrangement can be made, but not when the girl first goes to a strange city. Danger lurks in her ignorance of neighborhoods and in the too sudden intimacy with girls of whom she knows nothing. She should wait until she becomes acquainted with the city and has tested the girls who offer her such a partnership. Girls who have lived in this way say that the household should not include more than four girls, and the ideal arrangement is for two.

To show the out-of-town girl that the task of finding desirable housekeeping rooms in New


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 York or any other large city is anything but easy, I offer here the actual report of two girls who made some investigations at my request. Their first step was to insert an advertisement in a Sunday paper, as follows:

"Wanted, by two young women, one or two furnished rooms, with privilege of light housekeeping."

Their report runs thus:

"Being employed near Madison Square, we wanted rooms within walking distance of that point.

"Mrs. G, on East Twenty-eighth Street, off Lexington Avenue, had written that she had one furnished room big enough for two at one dollar and seventy-five cents per week. She was not in. I was relieved. One glance down the dirty, dark hall of a cheap tenement was quite enough for me without the interview.

"Mrs. G, No. 2, on Twenty-fifth Street, between Second and Third Avenues, paused in the act of lighting a fire in a cook stove, which promised to smoke out every occupant of the tenement house, to tell me that she had the cleanest rooms on the block. She then showed me the rooms. The front apartment contained only a bed, with linen furnished to the last lodger, unwashed and piled upon it. The back room, a regulation tenement kitchen, contained a filthy dish closet and a few broken dishes, also


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 an egg-crate on the window-ledge filled with damp and odorous rags. She would provide a cook stove if we provided the coal. If we wanted to use gas, we must hire our stove from the company and pay her fifty cents per week for gas drawn from her meter. Rate, four dollars per week. Greatly offended when I asked her for references, as we were strangers in New York.

"Mrs. J, West Thirty-fourth Street. Stuffy old house; furniture reminded me of second-hand shop. Landlady talked much and nervously, but was singularly ladylike; one room, five dollars per week, and you supply gas stove and cooking utensils. Separate gas meter for each tenant. No closet, and clothes must be hung behind dirty plush curtains. After displaying the good points of this fairly large room, Mrs. J explained that it was already rented. Going out I met its future occupant, a sadly bleached blonde, still more in need of a bath and clean raiment. On steps met a veteran 'bum' carrying a pitcher of beer.

"Mrs. G, Sixty-eighth Street, near Central Park West, wrote that she had no other roomers and her husband was never home, as he worked in a hotel. An airshaft room at three dollars per week was her offering. Cooking could be done in her kitchen. Room could hardly hold one person comfortably, let alone two.


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 While we talked another roomer (in spite of the fact that she had no other), appeared on the scene and offered her larger room, saying she wished to economize during the summer. Apologized for her appearance by saying that she had had a short vacation and had taken 'a drop too much.' Landlady talkative and anxious to show me the kitchen, to reach which we passed through a mere cubby-hole, in which the husband, who was never home, was comfortably sleeping off a jag.

"Took train for Harlem. Found large, comfortably-furnished front room for five dollars per week. Furniture old-fashioned, but clean, not stuffy. Little washroom off this room, nice wardrobe for clothes. Lots of closet room. We must buy our own cooking utensils, and only breakfasts could be cooked in washroom.

"Mrs. C furnishes references and asks for them. So clean it smelled good. As a result of investigations I would add: If you are a stranger in New York do not go into a house that neither gives nor asks references. Keep away from the business section and make up your mind to pay carfare."

As soon as a girl becomes established in her work and is reasonably assured of the permanency of her position and income, she is justified in seeking some sort of home-life with a congenial fellow-worker. In every large city


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 will be found groups of two or three girls, who through economy and natural feminine adaptability solved the living problem in a perfectly satisfactory way. Two such girls I found living in a small model apartment on the extreme northern end of Manhattan Island, within walking distance of the subway, which whisks them to their work in a little more than half an hour. They are on the top floor, which means five flights of stairs to climb, but they have splendid ventilation, sanitary plumbing, steam heat in winter, and a good breeze in summer. In their wee parlor are an upright piano, a bookcase filled with good reading, an artistic and powerful lamp, which bespeak pleasant and profitable evenings after the day's work is done.

Here is the story of their housekeeping progress:

"We started in an attic," explained one of the girls. "We were working for seven dollars a week in an underwear factory and living in a 'home.'

"We waited until spring, when the question of steam would not enter into our arrangements, and then we struck out to keep house. We found a forlorn attic, whose one redeeming feature was its wealth of sunlight and fresh air. It was atop an old-fashioned house with three steep flights to climb, rent five dollars a month. When we had cleaned and let in the air and sun-


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 light, it was sweet and wholesome. Our furniture consisted of an iron bed and springs, which we bought second-hand for four dollars (cleaned and fumigated thoroughly), a new mattress for which we paid five dollars, three sheets at forty-nine cents each, two plates, cups and saucers, knives, forks, spoons and cooking utensils, which, bought at the five and ten-cent store, amounted to one dollar and ten cents; six towels, two chairs (second-hand), one lightweight comfortable, a washbowl and pitcher, a lamp and a one-hole oilstove, broom, scrubbing-brush and soap. There was running water; also we found two good-sized packing-boxes, which we utilized for cupboards. One hand-glass we had between us for a mirror.

"Of one thing I want to warn girls—the wee expenses that will arise. For instance, we next had to buy five cents' worth of nails, a hammer and an oilcan. When we took possession of the room we had spent every cent of our savings—sixteen dollars and twenty-five cents. We had no shades at our windows, so we pinned up newspapers. We ate on the packing-box which held our dishes and food, but from that moment we could speak of our home, and felt that we were working toward some given point. The first week we lived on bread and milk, making milk toast for variety.

"The next week we added fresh fruit, pre-


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 pared cereals and eggs. During that entire summer our table cost us five dollars or less for two, and our room rent was one dollar and twenty-five cents, which represents individual living expenses of a trifle over three dollars. We had paid four dollars and fifty-cents per week at the 'home,' and enjoyed life less.

"With the first of September we realized that there was absolutely no way of heating the attic adequately. We spent four entire Sundays in flat-hunting. By this time our salaries had been raised to ten dollars per week, and we had saved quite a neat sum during the summer. We decided that our new home should be a permanent one.

"We moved here October 1st, two years ago. We pay twenty dollars per month, or less than five dollars a week, house rent; our gas bills average one dollar and sixty cents per month; we do our own washing, and almost the first important piece of furniture we bought was a sewing-machine, which we got, second-hand, for eight dollars.

"Next I remembered mother's attic in the Berkshire village, and wrote, stating that if she could spare us anything from the old boxes and chests we would be glad to have them for our new home. Carrie's aunt received a similar letter, making it very clear that we did not ask for new things—we were both too proud of our


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 ability to make our way in New York. By freight, at our expense, came two boxes that were equal to a 'bride's shower'—bedding, quaint dishes, silver pieces, etc., only everything was second-hand.

"Barring the piano and lamp, there is hardly a new thing in the house, and yet you never would dream it. Together we make thirty dollars a week, and we live for twelve or fourteen, simply and happily; so if a girl is domestic in her tastes, by all means let her try housekeeping in an attic."

The figures presented in this chapter should prove to the girl who has had a comfortable home in a small city or town that she cannot duplicate home comforts in the larger city on a salary of five dollars a week. Hither she must bring with her funds to deposit in bank and draw upon for almost daily needs, or resign herself to a period of stern deprivation. For if she is fortunate enough to secure board and lodging in a working-girl's home for three dollars and fifty cents a week, the remaining dollar and a half must cover a multitude of small expenses.

Unless she is working very near the "home," she must buy her lunch, which represents at the least ten cents per day. In many cities, the "homes" are located at some distance from business centers. This means carfare, at least


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 one way each day, often both trips. Some laundry work she must have done, even if she is permitted to wash gauze underwear, stockings, handkerchiefs, neckwear and other small pieces at her boarding-place. Her shoes will wear out with painful celerity, and her entire wardrobe may have to be renewed, piece by piece, before the promised raise in salary is forthcoming. If she comes to the city unprovided with a black dress, and works in a store, her first expenditure will be for a black skirt and waist. In nearly all city stores the wearing of black and white is obligatory.

Figure this out, item by item, and you will see that the life of the inexperienced and untrained girl in a great city is drab-colored indeed. It will be months before her income will permit her to purchase the pretty clothes of which she dreamed before leaving home, or to indulge in the small pleasures which she pictured as part of every city girl's life.

On the other hand, if a girl has the right sort of business ability behind her ambition, if she can deny herself many little luxuries and for a time devote herself exclusively to mastering the line of work she has chosen, the city holds wonderful possibilities for her. There is always room for the girl with an idea, for the girl who does one thing well, for the girl who is willing, nay, anxious, to learn and to work. But a girl


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 of this sort must hold herself above the cheaper, tinseled life of the big city. She must learn to decline invitations which represent late hours, broken rest, associations that are anything but uplifting. She must find her recreation in the free lectures, the free concerts and the free art exhibits to be found in all progressive cities, and seek her companions at classes for self-advancement, gymnasiums and clubs conducted by institutional churches or organizations like the Young Women's Christian Association.


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52 New York City, have ordinances making the failure to use an individual’s preferred pronoun a punishable offense, and some colleges have similar rules. After today’s decision, plaintiffs may claim that the failure to use their preferred pronoun violates one of the federal laws prohibiting sex discrimination. See Prescott v. Rady Children’s Hospital San Diego, 265 F. Supp. 3d 1090, 1098–1100 (SD Cal. 2017) (hospital staff’s refusal to use preferred pronoun violates ACA).

The Court’s decision may also pressure employers to suppress any statements by employees expressing disapproval of same-sex relationships and sex reassignment procedures. Employers are already imposing such restrictions voluntarily, and after today’s decisions employers will fear


text: The Girl Who Earns Her Own Living

title: The Girl Who Earns Her Own Living


text: The Girl Who Earns Her Own Living/Preface


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10


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 On one occasion a very celebrated conductor at a rehearsal of this work desired all three flutes to play the scale in unison. The first flautist refused to allow this, on the ground that Beethoven wrote it for one , Overture, Leonora, No. 3 flute only, and that it must be so played. Both were obstinate on the point, a quarrel ensued, and the first flute soon after threw up his post.

Weber may almost be said to have inaugurated a new era in scoring for the wood-wind. His treatment of the flute in Der Freischültz is very remarkable. Berlioz says of the sustained notes in "Softly sighs": "There is something ineffably dreamy in these low holding notes of the two flutes, during the


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Rh that allowing employees to express their religious views on these subjects may give rise to Title VII harassment claims.

Constitutional claims. Finally, despite the important differences between the Fourteenth Amendment and Title VII, the Court’s decision may exert a gravitational pull in constitutional cases. Under our precedents, the Equal Protection Clause prohibits sex-based discrimination unless a “heightened” standard of review is met. Sessions v. Morales-Santana, 582 U. S. ___, ___ (2017) (slip op., at 8); United States v. Virginia, 518 U. S. 515, 532–534 (1996). By equating discrimination because of sexual orientation or gender identity with discrimination because of sex, the Court’s decision will be cited as a ground for subjecting all three forms of discrimination to the same exacting standard of review.

Under this logic, today’s decision may have effects that extend well beyond the domain of federal anti-discrimination statutes. This potential is illustrated by pending and recent lower court cases in which transgender individuals have challenged a variety of federal, state, and local laws and policies on constitutional grounds. See, e.g., Complaint in Hecox, No. 1: 20–CV–00184 (state law prohibiting transgender students from competing in school sports in accordance with their gender identity); Second Amended Complaint in Karnoski v. Trump, No. 2:17–cv–01297 (WD Wash., July 31, 2019) (military’s ban on transgender members); Kadel v. Folwell, ___ F. Supp. 3d ___, ___–___, 2020 WL 1169271, *10–*11 (MDNC, Mar. 11, 2020) (state health plan’s exclusion of coverage for sex reassignment procedures); Complaint in Gore v. Lee, No. 3:19–cv–00328 (MD Tenn., Mar. 3, 2020) (change of gender on birth certificates); Brief for Appellee in Grimm v. ''Gloucester Cty. School Bd., No. 19–1952 (CA4, Nov. 18, 2019) (transgender student forced to use gender neutral bathrooms at school); Complaint in Corbitt v. Taylor'', No. 2:18–cv–00091 (MD Ala.,


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54 July 25, 2018) (change of gender on driver’s licenses); Whitaker, 858 F. 3d, at 1054 (school policy requiring students to use the bathroom that corresponds to the sex on birth certificate); Keohane v. Florida Dept. of Corrections Secretary, 952 F. 3d 1257, 1262–1265 (CA11 2020) (transgender prisoner denied hormone therapy and ability to dress and groom as a female); Edmo v. Corizon, Inc., 935 F. 3d 757, 767 (CA9 2019) (transgender prisoner requested sex reassignment surgery); cf. Glenn v. Brumby, 663 F. 3d 1312, 1320 (CA11 2011) (transgender individual fired for gender non-conformity).

Although the Court does not want to think about the consequences of its decision, we will not be able to avoid those issues for long. The entire Federal Judiciary will be mired for years in disputes about the reach of the Court’s reasoning.

The updating desire to which the Court succumbs no doubt arises from humane and generous impulses. Today, many Americans know individuals who are gay, lesbian, or transgender and want them to be treated with the dignity, consideration, and fairness that everyone deserves. But the authority of this Court is limited to saying what the law is.

The Court itself recognizes this: "“The place to make new legislation ... lies in Congress. When it comes to statutory interpretation, our role is limited to applying the law’s demands as faithfully as we can in the cases that come before us.” Ante, at 31."

It is easy to utter such words. If only the Court would live by them.

I respectfully dissent.


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text: Bostock v. Clayton County

title: Bostock v. Clayton County


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text:
Address to the Deil

 * "Address to the Deil", in The Beauties of Burn's Poems (1819), a chapbook printed in Falkirk
 * "Address to the Deil", in The Poetical Works of Robert Burns (1887), edited by Alexander Smith

title: Address to the Deil


text:
Poor Mailie's Elegy

 * "Poor Mailie's Elegy", in The Beauties of Burn's Poems (1819), a chapbook printed in Falkirk
 * "Poor Mailie's Elegy", in The Poetical Works of Robert Burns (1887), edited by Alexander Smith

title: Poor Mailie's Elegy


text:
A Dream (Burns)

 * "A Dream", in The Beauties of Burn's Poems (1819), a chapbook printed in Falkirk
 * "A Dream", in The Poetical Works of Robert Burns (1887), edited by Alexander Smith

title: A Dream (Burns)


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448   Fair seem these winter days, and soon
 * Shall blow the warm west-winds of spring

To set the unbound rills in time
 * And hither urge the bluebird’s wing.

The vales shall laugh in flowers, the woods Grow misty green with leafing buds, And violets and wind-flowers sway Against the throbbing heart of May.

Break forth, my lips, in praise, and own
 * The wiser love severely kind;

Since, richer for its chastening grown,
 * I see, whereas I once was blind.

The world, O Father! hath not wronged With loss the life by Thee prolonged; But still, with every added year, More beautiful Thy works appear!

As Thou hast made thy world without,
 * Make Thou more fair my world within;

Shine through its lingering clouds of doubt;
 * Rebuke its haunting shapes of sin;

Fill, brief or long, my granted span Of life with love to thee and man; Strike when thou wilt the hour of rest, But let my last days be my best!

the aisle where prayer was made, A woman, all in black arrayed, Close-veiled, between the kneeling host, With gliding motion of a ghost, Passed to the desk, and laid thereon A scroll which bore these words alone,
 * Pray for me!

Back from the place of worshipping She glided like a guilty thing: The rustle of her draperies, stirred By hurrying feet, alone was heard; While, full of awe, the preacher read, As out into the dark she sped:
 * Pray for me!

Back to the night from whence she came, To unimagined grief or shame! Across the threshold of that door None knew the burden that she bore; Alone she left the written scroll, The legend of a troubled soul,—
 * Pray for me!


text: The Complete Poetical Works of John Greenleaf Whittier/The Clear Vision


text: The Complete Poetical Works of John Greenleaf Whittier/Divine Compassion


text: The Complete Poetical Works of John Greenleaf Whittier/The Prayer-Seeker


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 melancholy prayer of Agltha, as she contemplates the summits of the trees silvered by the rays of the night , Der Freischütz, "Softly sighs." planet." Weber makes the listener almost shudder in the Wolf's Glen scene, by giving the two flutes long sustained chords on the low register while Caspar is mixing the ingredients for the magic bullets. The weird effect thus produced somewhat resembles that in Wagner's Lohengrin (ii. 2), where Elsa says "Wer ruft? wie schauerlich und klagend ertönt mein Name durch die Nacht," whilst the two flutes sustain C♭ and A♭ pianissimo.In this same scene of Freischültz we find the two flutes on their low register playing in unison with the second violins to produce a, Der Freischütz. veiled and gloomy impression, and later on to express agitation. In Oberon (ii) the flute is used to create a fairy effect, the first flute and first clarinet playing the


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Rh the Bechuanas in general, they returned without slaying any. It is well known that if one in a troop of lions is killed the remainder leave that part of the country. The next time, therefore, the herds were attacked, I went with the people to encourage them to rid themselves of the annoyance hy destroying one of the marauders. We found the animals on a small hill covered with trees. The men formed round it in a circle, and gradually closed up as they advanced. Being below on the plain with a native schoolmaster named Mebalwe, I saw one of the lions sitting on a piece of rock within the ring. Mebalwe fired at him, and the ball hit the rock on which the animal was sitting. He bit at the spot struck, as a dog does at a stick or stone thrown at him; and then leaping away, broke through the circle and escaped unhurt. If the Bakatla had acted according to the custom of the country, they would have speared him in his attempt to get out, but they were afraid to attack him. When the circle was reformed, we saw two other lions in it; but dared not fire lest we should shoot some of the people. The beasts burst through the line, and, as it was evident the men could not be prevailed on to face their foes, we bent our footsteps towards the village. In going round the end of the hill I saw a lion sitting on a piece of rock, about thirty yards off, with a little bush in front of him. I took a good aim at him through the bush, and fired both barrels into it. The men called out, "He is shot, he is shot!" Others cried, "He has been shot by another man too; let us go to him! "I saw the lion's tail erected in anger, and, turning to the people, said, "Stop a little till I load again." When in the act of ramming down the bullets I heard a shout, and, looking half round, I saw the lion in the act of springing upon me. He caught me by the shoulder, and we both came to the ground together. Growling horribly, he shook me as a terrier dog does a rat. The shock produced a stupor similar to that which seems to be felt by a mouse after the first gripe of the cat. It caused a sort of dreaminess, in which there was no sense of pain nor feeling of terror, though I was quite conscious of all that was happening. It was like what patients partially under the influence of chloroform describe; they see the operation, but do not feel the knife. This placidity is probably produced in all animals


text: Author:Walter Greenshields

title: Author:Walter Greenshields


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text: Bostock v. Clayton County/Opinion of Justice Alito


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life of, which extended over only forty-two years, and was chiefly passed among her own nearest relations in the quiet of a country parsonage, varied only by an occasional visit to London, to Bath, or to the seaside, affords but little material for a biographer to deal with.

Her writings were, in fact, her life; and an attempt to give anything beyond the very briefest sketch of her career must resolve itself into a criticism of those writings. By these she is known to her many admirers'; and it is with the hope of making them even better known and more widely appreciated, that this little book is offered to the public.

The writer wishes to express her obligations to Lord Brabourne and Mr. C. Austen Leigh for their kind permission to make use of the Memoir and Letters of their gifted relative, which have been her principal authorities for this work.

S. F. M.

, 1889.

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text: The Dream, or, The True History of Deacon Giles's Distillery, and Deacon Jones's Brewery


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than twenty years ago a gentleman visiting Winchester Cathedral] asked a verger to show him Jane Austen's tomb. The man took him readily toa large slab of black marble set in the pavement near the centre of the north aisle, and the visitor stood for some time studying the inscription with keen interest; then, as he was turning away, the verger said in an apologetic tone, "Bray, sir, can you tell me whether there was anything particular about that lady; so many people want to know where she was buried?" Such ignorance of Mansfield Park and Emma may be pardoned in a verger; perhaps it would have been rather more extraordinary if he had seemed to know anything about them, but it is strange to think how many hundreds of educated people there were then who delighted in every line of Jane Austen's writings, yet even so many years after their publication knew nothing about the life of their author, and could hardly have told whether she had lived in this century or in the last.

Rarely has a great writer's life been so completely

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Rh

17–1618

17–1623

18–107

, dissenting.

Like many cases in this Court, this case boils down to one fundamental question: Who decides? Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of ” an individual’s “race, color, religion, sex, or national origin.” The question here is whether Title VII


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128 STAT. 3164 (b) —Appropriations made for the Service shall be available for any expenses incident to the preparation and recording of title evidence covering land to be donated to the United States for administration by the Service.

(c) —
 * (1) —Funds, not to exceed $250,000 per incident, available to the Service may be used, with the approval of the Secretary, to—
 * (A) maintain law and order in emergency and other unforeseen law enforcement situations; and
 * (B) conduct emergency search and rescue operations in the System.
 * (2) —If the Secretary expends funds under paragraph (1), the funds shall be replenished by a supplemental appropriation for which the Secretary shall make a request as promptly as possible.

(d) —
 * (1) —Necessary amounts are appropriated for reimbursement, pursuant to the Policemen and Firemen’s Retirement and Disability Act amendments of 1957 (Public Law 85–157, 71 Stat. 391), to the District of Columbia on a monthly basis for benefit payments by the District of Columbia to United States Park Police annuitants under section 12 of the Policemen and Firemen’s Retirement and Disability Act (ch. 433, 39 Stat. 718), to the extent that those payments exceed contributions made by active Park Police members covered under the Policemen and Firemen’s Retirement and Disability Act.
 * (2) —Appropriations made to the Service are not available for the purpose of making reimbursements under paragraph (1).

(e) —Appropriations for the Service that are available for the purchase of equipment may be used for purchase of waterproof footwear, which shall be regarded and listed as System equipment.

§ 103102. Appropriations authorized and available for certain purposes

Appropriations for the Service are authorized and are available for—
 * (1) administration, protection, improvement, and maintenance of areas, under the jurisdiction of other Federal agencies, that are devoted to recreational use pursuant to cooperative agreements;
 * (2) necessary local transportation and subsistence in kind of individuals selected for employment or as cooperators, serving without other compensation, while attending fire protection training camps;
 * (3) administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal;
 * (4) educational lectures in or in the vicinity of and with respect to System units, and services of field employees in cooperation with such nonprofit scientific and historical societies engaged in educational work in System units as the Secretary may designate;
 * (5) travel expenses of employees attending—


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Rh ::(A) Federal Government camps for training in forest fire prevention and suppression;
 * (B) the Federal Bureau of Investigation National Police Academy; and
 * (C) Federal, State, or municipal schools for training in building fire prevention and suppression;
 * (6) investigation and establishment of water rights in accordance with local custom, laws, and decisions of courts, including the acquisition of water rights or of land or interests in land or rights-of-way for use and protection of water rights necessary or beneficial in the administration and public use of System units;
 * (7) official telephone service in the field in the case of official telephones installed in private houses when authorized under regulations established by the Secretary; and
 * (8) provision of transportation for children in nearby communities to and from any System unit used in connection with organized recreation and interpretive programs of the Service.

§ 103103. Amounts provided by private entities for utility services

Notwithstanding any other provision of law, amounts provided to the Service by private entities for utility services shall be credited to the appropriate account and remain available until expended.

§ 103104. Recovery of costs associated with special use permits

Notwithstanding any other provision of law, the Service may recover all costs of providing necessary services associated with special use permits. The reimbursements shall be credited to the appropriation current at that time.

§ 103301. Military maneuvers

To obtain practical benefits of great value to the country from the establishment of national military parks, the parks and their approaches are declared to be national fields for military maneuvers for the Regular Army or Regular Air Force and the National Guard or militia of the States. National military parks shall be opened for those purposes only in the discretion of the Secretary, and under such regulations as the Secretary may prescribe.

§ 103302. Camps for military instruction

(a) —The Secretary of the Army or Secretary of the Air Force, within the limits of appropriations that may be available for that purpose, may assemble in camp at such season of the year and for such period as the Secretary of the Army or Secretary of the Air Force may designate, at the field of military maneuvers, such portions


text: Public Law 113-287/Chapter 1031

title: Public Law 113-287/Chapter 1031


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2 should be expanded to prohibit employment discrimination because of sexual orientation. Under the Constitution’s separation of powers, the responsibility to amend Title VII belongs to Congress and the President in the legislative process, not to this Court.

The political branches are well aware of this issue. In 2007, the U. S. House of Representatives voted 235 to 184 to prohibit employment discrimination on the basis of sexual orientation. In 2013, the U. S. Senate voted 64 to 32 in favor of a similar ban. In 2019, the House again voted 236 to 173 to outlaw employment discrimination on the basis of sexual orientation. Although both the House and Senate have voted at different times to prohibit sexual orientation discrimination, the two Houses have not yet come together with the President to enact a bill into law.

The policy arguments for amending Title VII are very weighty. The Court has previously stated, and I fully agree, that gay and lesbian Americans “cannot be treated as social outcasts or as inferior in dignity and worth.” Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 584 U. S. ___, ___ (2018) (slip op., at 9).

But we are judges, not Members of Congress. And in Alexander Hamilton’s words, federal judges exercise “neither Force nor Will, but merely judgment.” The Federalist No. 78, p. 523 (J. Cooke ed. 1961). Under the Constitution’s separation of powers, our role as judges is to interpret and follow the law as written, regardless of whether we like the result. Cf. Texas v. Johnson, 491 U. S. 397, 420–421 (1989) (Kennedy, J., concurring). Our role is not to make or amend the law. As written, Title VII does not prohibit employment discrimination because of sexual orientation.


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 melody, whilst the second flute and second clarinet play arpeggios with contrary motion. Weber is fond of arpeggios on the flute and also of blending the flutes and clarinets together. He very frequently uses the flute in unison with the voice. In Euryanthe, when the heroine is deserted in the forest, it is the flute that voices her desolation. He also makes full use of the middle and upper registers, and has written many bright and florid flute passages:e.g., the overture to, Preciosa Overture. Preciosa. The flute is very prominent throughout all his operashe writes well for it and gives it good, full, and melodious parts; I would instance Killian's song in the first scene of Freischültz, where the flute plays a, Der Freischütz. Killian's Song.


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WAS recently surprised to find, in Anderson’s catalogue of Japanese and Chinese paintings in the British Museum, this remarkable statement:—“It is to be noted that in Japan the figure of the Buddha is never represented by the feet, or pedestal alone, as in the Amravâtî remains, and many other Indian art-relics.” As a matter of fact the representation is not even rare in Japan. It is to be found not only upon stone monuments, but also in religious paintings,—especially certain kakémono suspended in temples. These kakémono usually display the footprints upon a very large scale, with a multitude of mystical symbols and characters. The sculptures may be less common; but in Tōkyō alone there are a number of Butsu-soku-séki, or “Buddha-foot stones,” which I have seen,—and probably several which I have


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Rh Title VII makes it unlawful for employers to discriminate because of “race, color, religion, sex, or national origin.” 42 U. S. C. §2000e–2(a)(1). As enacted in 1964, Title VII did not prohibit other forms of employment discrimination, such as age discrimination, disability discrimination, or sexual orientation discrimination.

Over time, Congress has enacted new employment discrimination laws. In 1967, Congress passed and President Johnson signed the Age Discrimination in Employment Act. 81 Stat. 602. In 1973, Congress passed and President Nixon signed the Rehabilitation Act, which in substance prohibited disability discrimination against federal and certain other employees. 87 Stat. 355. In 1990, Congress passed and President George H. W. Bush signed the comprehensive Americans with Disabilities Act. 104 Stat. 327.

To prohibit age discrimination and disability discrimination, this Court did not unilaterally rewrite or update the


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 not seen. There is one at the temple of Ekō-In, near Ryōgoku-bashi; one at the temple of Dentsu-In, in Koishikawa; one at the temple of Denbō-In, in Asakusa; and a beautiful example at Zōjōji in Shiba. These are not cut out of a single block, but are composed of fragments cemented into the irregular traditional shape, and capped with a heavy slab of Nebukawa granite, on the polished surface of which the design is engraved in lines about one-tenth of an inch in depth. I should judge the average height of these pedestals to be about two feet four inches, and their greatest diameter about three feet. Around the footprints there are carved (in most of the examples) twelve little bunches of leaves and buds of the Bodai-jū (“Bodhidruma”), or Bodhi-tree of Buddhist legend. In all cases the footprint design is about the same; but the monuments are different in quality and finish. That of Zōjōji,—with figures of divinities cut in low relief on its sides,—is the most ornate and costly of the four. The specimen at Ekō-In is very poor and plain.

The first Butsu-soku-séki made in Japan was that erected at Tōdaiji, in Nara. It was designed


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 after a similar monument in China, said to be the faithful copy of an Indian original. Concerning this Indian original, the following tradition is given in an old Buddhist book :—“In a temple of the province of Makada [Maghada] there is a great stone. The Buddha once trod upon this stone; and the prints of the soles of his feet remain upon its surface. The length of the impressions is one foot and eight inches, and the width of them a little more than six inches. On the sole-part of each footprint there is the impression of a wheel; and upon each of the prints of the ten toes there is a flower-like design, which sometimes radiates light. When the Buddha felt that the time of his Nirvana was approaching, he went to Kushina [Kusinârâ], and there stood upon that stone. He stood with his face to the south. Then he said to his disciple Anan [Ananda]:—‘In this place I leave the impression of my feet, to remain for a last


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 token. Although a king of this country will try to destroy the impression, it can never be entirely destroyed.’ And indeed it has not been destroyed unto this day. Once a king who hated Buddhism caused the top of the stone to be pared off, so as to remove the impression; but after the surface had been removed, the footprints reappeared upon the stone.”

Concerning the virtue of the representation of the footprints of the Buddha, there is sometimes quoted a text from the Kwan-butsu-sanmai-kyō [“Buddha-dhyâna-samâdhi-sâgara-sûtra”], thus translated for me:—“In that time Shaka [“Sâkyamuni”] lifted up his foot…. When the Buddha lifted up his foot all could perceive upon the sole of it the appearance of a wheel of a thousand spokes…. And Shaka said:—‘Whosoever beholds the sign upon the sole of my foot shall be purified from all his faults. Even he who beholds the sign after my death shall be delivered from all the evil results of all his errors.’ ” Various other texts of Japanese Buddhism affirm that whoever looks upon the footprints of the Buddha “shall be freed from the bonds of error, and conducted upon the Way of Enlightenment.”


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 An outline of the footprints as engraved on one of the Japanese pedestals should have some interest even for persons familiar with Indian sculptures of the S’rîpâda. The double-page drawing, accompanying this paper, and showing both footprints, has been made after the tracing at Dentsu-In, where the footprints have the full legendary dimension. It will be observed that there are only seven emblems: these are called in Japan the Shichi-Sō, or “Seven Appearances.” I got some information about them from the Shō-Ekō-Hō-Kwan,—a book used by the Jōdo sect. This book also contains rough woodcuts of the footprints; and one of them I reproduce here for the purpose of calling attention to the curious form of the emblems upon the toes. They are said to be modifications of the manji, or svastika ; but I doubt it. In the Butsu-soku-séki-tracings, the corresponding figures suggest the “flower-like design” mentioned in the tradition of the Maghada stone; while the symbols in the book-print suggest fire. Indeed their outline so much


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4 law. Rather, Congress and the President enacted new legislation, as prescribed by the Constitution’s separation of powers.

For several decades, Congress has considered numerous bills to prohibit employment discrimination based on sexual orientation. But as noted above, although Congress has come close, it has not yet shouldered a bill over the legislative finish line.

In the face of the unsuccessful legislative efforts (so far) to prohibit sexual orientation discrimination, judges may not rewrite the law simply because of their own policy views. Judges may not update the law merely because they think that Congress does not have the votes or the fortitude. Judges may not predictively amend the law just because they believe that Congress is likely to do it soon anyway.

If judges could rewrite laws based on their own policy views, or based on their own assessments of likely future legislative action, the critical distinction between legislative authority and judicial authority that undergirds the Constitution’s separation of powers would collapse, thereby threatening the impartial rule of law and individual liberty. As James Madison stated: “Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary controul, for the judge would then be the legislator.” The Federalist No. 47, at 326 (citing Montesquieu). If judges could, for example, rewrite or update securities laws or healthcare laws or gun laws or environmental laws simply based on their own policy views, the Judiciary would become a democratically illegitimate super-legislature—unelected, and hijacking the important policy decisions reserved by the Constitution to the people’s elected representatives.

Because judges interpret the law as written, not as they might wish it were written, the first 10 U. S. Courts of Appeals to consider whether Title VII prohibits sexual orientation discrimination all said no. Some 30 federal judges


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 resembles the conventional flamelet-design of Buddhist decoration, that I cannot help thinking them originally intended to indicate the traditional luminosity of the footprints. Moreover,

there is a text in the book called Hō-Kai-Shidai that lends support to this supposition:—“The sole of the foot of the Buddha is flat,—like the base of a toilet-stand…. Upon it are lines


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 forming the appearance of a wheel of a thousand spokes…. The toes are slender, round, long, straight, graceful, and somewhat luminous.”

The explanation of the Seven Appearances which is given by the Shō-Ekō-Hō-Kwan cannot be called satisfactory; but it is not without interest in relation to Japanese popular Buddhism. The emblems are considered in the following order:—

I.—The Svastikâ. The figure upon each toe is said to be a modification of the manji ; and although I doubt whether this is always the case, I have observed that on some of the large kakémono representing the footprints, the emblem really is the svastika,—not a flamelet nor a flower-shape. The Japanese commentator explains the svastikâ as a symbol of “everlasting bliss.”

II.—The Fish (Gyo). The fish signifies freedom from all restraints. As in the water a fish moves easily in any direction, so in the Buddha-state the fully-emancipated knows no restraints or obstructions.


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, Der Freischütz. The Hermit's Song. lively little tune in octave with the solo 'cello, and the Hermit's song in the finale of the same opera; the Preciosa, ii, Lied No. 6. lovely woodwind passage at the opening of the third scene in Preciosa, the Lied, No. 6, in the same, and the , Oberon, Finale, Act II., " Let us sail over the sea."


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 III.—The Diamond-Mace (Jap. Kongō-sho;—Sansc. “Vadjra”). Explained as signifying the divine force that “strikes and breaks all the lusts (bonnō) of the world.”

IV.—The Conch-Shell (Jap. “Hora”) or Trumpet. Emblem of the preaching of the Law. The book Shin-zoku-buisu-ji-hen calls it the symbol of the voice of the Buddha. The Dai-hi-kyō calls it the token of the preaching and of the power of the Mâhâyâna doctrine. The Dai-Nichi-Kyō says:—“At the sound of the blowing of the shell, all the heavenly deities are filled with delight, and come to hear the Law.”

V.—The Flower-Vase (Jap. “Hanagamé”). Emblem of murō,—a mystical word which might be literally rendered as “not-leaking,”—signifying that condition of supreme intelligence triumphant over birth and death.

VI.—The Wheel-of-a-Thousand-Spokes (Sansc. “Tchakra”). This emblem, called in Japanese Senfuku-rin-sō, is curiously explained by various quotations. The Hokké-Monku says:—“The effect of a wheel is to crush something; and the effect of the Buddha’s preaching is to crush all delusions, errors, doubts, and superstitions.


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 preaching the doctrine is called, ‘turning the Wheel.’ ” … The Sei-Ri-Ron says: “Even as the common wheel has its spokes and its hub, so in Buddhism there are many branches of the Hasshi Shōdo (‘Eight-fold Path,’ or eight rules of conduct).”

VII.—The Crown of Brahmâ. Under the heel of the Buddha is the Treasure-Crown (Hō-Kwan) of Brahmâ (Bon-Ten-O),—in symbol of the Buddha’s supremacy above the gods.

But I think that the inscriptions upon any of these Butsu-soku-séki will be found of more significance than the above imperfect attempts at an explanation of the emblems. The inscriptions upon the monument at Dentsu-In are typical. On different sides of the structure,—near the top, and placed by rule so as to face certain points of the compass,—there are engraved five Sanscrit characters which are symbols of the Five Elemental Buddhas, together with scriptural and commemorative texts. These latter have been translated for me as follows:—

The says:—“In that time, from beneath his feet, the Buddha radiated a light having the appearance of a wheel of a


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2 hidden from the public throughout its entire course, and, indeed, for many years afterwards, as Jane Austen's, for no memoir of her was attempted until quite sixty years after she had passed away. Yet few authors could better have borne the fierce light of publicity upon their lives than the simple-minded, sweet-tempered woman, who never dreamed that any one outside her own family would care to know anything about her, and who courted personal notoriety so little. She would never have realized the charm that her sweet, peaceful, womanly life would one day have for those who, having long worshipped her genius in her writings, would be delighted to learn how completely free she was from all the whims and caprices that sometimes disfigure genius, and how entirely she carried out the saying of her great sister writer, "D'abord je suis femme, puts je suis artiste."

During her whole lifetime "few of her readers," says her nephew, "knew even her name, and none knew more of her than her name"; and though this is perhaps too broad an assertion, it is undoubtedly true that she never made the least attempt to become known to any of her readers; indeed, she rather encouraged concealment than otherwise. There was no affectation of modesty in this, for throughout her life she expressed genuine and eager pleasure when her works were favorably received, but she had the shrinking of a refined nature from personal publicity, and her family, understanding the feeling, helped to screen her from it as much as they could. When Sense and Sensibility came out in 1811 her sister Cassandra wrote to various members of the family to

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 thousand spokes. And all who saw that radiance became strictly upright, and obtained the Supreme Enlightenment.”

The says:—“Whosoever looks upon the footprints of the Buddha shall be freed from the results even of innumerable thousands of imperfections.”

The says:—“In the land that the Buddha treads in journeying, there is not even one person in all the multitude of the villages who is not benefited. Then throughout the world there is peace and good will. The sun and the moon shine clear and bright. Wind and rain come only at a suitable time. Calamity and pestilence cease. The country prospers; the people are free from care. Weapons become useless. All men reverence religion, and regulate their conduct in all matters with earnestness and modesty.”


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Rh considered the question. All 30 judges said no, based on the text of the statute. 30 out of 30.

But in the last few years, a new theory has emerged. To end-run the bedrock separation-of-powers principle that courts may not unilaterally rewrite statutes, the plaintiffs here (and, recently, two Courts of Appeals) have advanced a novel and creative argument. They contend that discrimination “because of sexual orientation” and discrimination “because of sex” are actually not separate categories of discrimination after all. Instead, the theory goes, discrimination because of sexual orientation always qualifies as discrimination because of sex: When a gay man is fired because he is gay, he is fired because he is attracted to men, even though a similarly situated woman would not be fired just because she is attracted to men. According to this theory, it follows that the man has been fired, at least as a literal matter, because of his sex.

Under this literalist approach, sexual orientation discrimination automatically qualifies as sex discrimination, and Title VII’s prohibition against sex discrimination therefore also prohibits sexual orientation discrimination—and actually has done so since 1964, unbeknownst to everyone. Surprisingly, the Court today buys into this approach.

For the sake of argument, I will assume that firing someone because of their sexual orientation may, as a very literal matter, entail making a distinction based on sex. But to prevail in this case with their literalist approach, the plaintiffs must also establish one of two other points. The plaintiffs must establish that courts, when interpreting a statute, adhere to literal meaning rather than ordinary meaning. Or alternatively, the plaintiffs must establish that the ordinary meaning of “discriminate because of sex”—not just the literal meaning—encompasses sexual orientation discrimination. The plaintiffs fall short on both counts.


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Strange facts crowd into memory as one contemplates those graven footprints,—footprints giant-seeming, yet less so than the human personality of which they remain the symbol. Twenty-four hundred years ago, out of solitary meditation upon the pain and the mystery of being, the mind of an Indian pilgrim brought forth the highest truth ever taught to men, and in an era barren of science anticipated the uttermost knowledge of our present evolutional philosophy regarding the secret unity of life, the endless illusions of matter and of mind, and the birth and death of universes. He, by pure reason,—and he alone before our time,—found answers of worth to the questions of the Whence, the Whither, and the Why;—and he made with these answers another and a nobler faith than the creed of his fathers. He spoke, and returned to his dust; and the people worshipped the prints of his dead feet, because of the love that he had taught them. Thereafter waxed and waned the name of Alexander, and the power of Rome,


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 and the might of Islam;—nations arose and vanished;—cities grew and were not;—the children of another civilization, vaster than Rome’s, begirdled the earth with conquest, and founded far-off empires, and came at last to rule in the land of that pilgrim’s birth. And these, rich in the wisdom of four and twenty centuries, wondered at the beauty of his message, and caused all that he had said and done to be written down anew in languages unborn at the time when he lived and taught. Still burn his footprints in the East; and still the great West, marvelling, follows their gleam to seek the Supreme Enlightenment. Even thus, of old, Milinda the king followed the way to the house of Nagasena,—at first only to question, after the subtle method of the Greeks; yet, later, to accept with noble reverence the nobler method of the Master.


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D.H. Overmyer Co. v. Frick Co./Opinion of the Court

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This case presents the issue of the constitutionality, under the Due Process Clause of the Fourteenth Amendment, of the cognovit note authorized by Ohio Rev. Code § 2323.13.

[p176] The cognovit is the ancient legal device by which the debtor consents in advance to the holder's obtaining a judgment without notice or hearing, and possibly even with the appearance, on the debtor's behalf, of an attorney designated by the holder. It was known at least as far back as Blackstone's time. 3 W. Blackstone, Commentaries *397. In a case applying Ohio law, it was [p177] said that the purpose of the cognovit is "to permit the note holder to obtain judgment without a trial of possible defenses which the signers of the notes might assert." Hadden v. Rumsey Products, Inc., 196 F. 2d 92, 96 (CA2 1952). And long ago the cognovit method was described by the Chief Justice of New Jersey as "the loosest way of binding a man's property that ever was devised in any civilized country." Alderman v. Diament, 7 N.J. L. 197, 198 (1824). Mr. Dickens noted it with obvious disfavor. Pickwick Papers, c. 47. The cognovit has been the subject of comment, much of it critical.

Statutory treatment varies widely. Some States specifically authorize the cognovit. Others disallow it. [p178] Some go so far as to make its employment a misdemeanor. The majority, however, regulate its use and many prohibit the device in small loans and consumer sales.

In Ohio the cognovit has long been recognized by both statute and court decision. 1 Chase's Statutes, c. 243, § 34 (1810); Osborn v. Hawley, 19 Ohio 130 (1850); Marsden v. Soper, 11 Ohio St. 503 (1860); Watson v. Paine, 25 Ohio St. 340 (1874); Clements v. Hull, 35 Ohio St. 141 (1878). The State's courts, however, give the instrument a strict and limited construction. See Peoples Banking Co. v. Brumsfield Hay & Grain Co., 172 Ohio St. 545, 548, 179 N.E. 2d 53, 55 (1961).

This Court apparently has decided only two cases concerning cognovit notes, and both have come here in a full faith and credit context. National Exchange Bank v. Wiley, 195 U.S. 257 (1904); Grover & Baker Sewing Machine Co. v. Radcliffe, 137 U.S. 287 (1890). See American Surety Co. v. Baldwin, 287 U.S. 156 (1932).

I
The argument that a provision of this kind is offensive to current notions of Fourteenth Amendment due process is, at first glance, an appealing one. However, here, as in nearly every case, facts are important. We state them chronologically:

 * 1. Petitioners D.H. Overmyer Co., Inc., of Ohio, and D.H. Overmyer Co., Inc., of Kentucky, are segments of a warehousing enterprise that counsel at one point in [p179] the litigation described as having built "in three years... 180 warehouses in thirty states." The corporate structure is complex. Because the identity and individuality of the respective corporate entities are not relevant here, we refer to the enterprise in the aggregate as "Overmyer."

 * 2. In 1966 a corporation, which then was or at a later date became an Overmyer affiliate, executed a contract with the respondent Frick Co. for the manufacture and installation by Frick, at a cost of $223,000, of an automatic refrigeration system in a warehouse under construction in Toledo, Ohio.

 * 3. Overmyer fell behind in the progress payments due from it under the contract. By the end of September 1966 approximately $120,000 was overdue. Because of this delinquency, Frick stopped its work on October 10. Frick indicated to Overmyer, however, by letter on that date, its willingness to accept an offer from Overmyer to pay $35,000 in cash "provided the balance can be evidenced by interest-bearing judgment notes."

 * 4. On November 3 Frick filed three mechanic's liens against the Toledo property for a total of $194,301, the amount of the contract price allegedly unpaid at that time.

 * 5. The parties continued to negotiate. In January 1967 Frick, in accommodation, agreed to complete the work upon an immediate cash payment of 10% ($19,403.10) and payment of the balance of $174,627.90 in 12 equal monthly installments with 6½% interest per annum. On February 17 Overmyer made the 10% payment and executed an installment note calling for 12 monthly payments of $15,498.23 each beginning March 1, 1967. This note contained no confession-of-judgment provision. It recited that it did not operate as a waiver of the mechanic's liens, but it also stated that Frick would forgo enforcement of those lien rights so long as there was no default under the note. [p180]

 * 6. Frick resumed its work, completed it, and sent Overmyer a notice of completion. On March 17 Overmyer's vice president acknowledged in writing that the system had been "completed in a satisfactory manner" and that it was "accepted as per the contract conditions."

 * 7. Subsequently, Overmyer requested additional time to make the installment payments. It also asked that Frick release the mechanic's liens against the Toledo property. Negotiations between the parties at that time finally resulted in an agreement in June 1967 that (a) Overmyer would execute a new note for the then-outstanding balance of $130,997 and calling for payment of that amount in 21 equal monthly installments of $6,891.85 each, beginning June 1, 1967, and ending in February 1969, two years after Frick's completion of the work (as contrasted with the $15,498.23 monthly installments ending February 1968 specified by the first note); (b) the interest rate would be 6% rather than 6½%; (c) Frick would release the three mechanic's liens; (d) Overmyer would execute second mortgages, with Frick as mortgagee, on property in Tampa and Louisville; and (e) Overmyer's new note would contain a confession-of-judgment clause. The new note, signed in Ohio by the two petitioners here, was delivered to Frick some months later by letter dated October 2, 1967, accompanied by five checks for the June through October payments. This letter was from Overmyer's general counsel to Frick's counsel. The second mortgages were executed and recorded, and the mechanic's liens were released. The note contained the following judgment clause:

"'The undersigned hereby authorize any attorney designated by the Holder hereof to appear in any court of record in the State of Ohio, and waive this issuance and service of process, and confess a [p181] judgment against the undersigned in favor of the Holder of this Note, for the principal of this Note plus interest if the undersigned defaults in any payment of principal and interest and if said default shall continue for the period of fifteen (15) days.'"

 * 8. On June 1, 1968, Overmyer ceased making the monthly payments under the new note and, asserting a breach by Frick of the original contract, proceeded to institute a diversity action against Frick in the United States District Court for the Southern District of New York. Overmyer sought damages in excess of $170,000 and a stay of all proceedings by Frick under the note. On July 5 Judge Frankel vacated an ex parte stay he had theretofore granted. On August 7 Judge Mansfield denied Overmyer's motion for reinstatement of the stay. He concluded, "Plaintiff has failed to show any likelihood that it will prevail upon the merits. On the contrary, extensive documentary evidence furnished by defendant indicates that the plaintiff's action lacks merit."

 * 9. On July 12, without prior notice to Overmyer, Frick caused judgment to be entered against Overmyer (specifically against the two petitioners here) in the Common Pleas Court of Lucas County, Ohio. The judgment amount was the balance then remaining on the note, namely, $62,370, plus interest from May 1, 1968, and costs. This judgment was effected through the appearance of an Ohio attorney on behalf of the defendants (petitioners here) in that Ohio action. His appearance was "by virtue of the warrant of attorney" in the second note. The lawyer waived the issuance and service of process and confessed the judgment. This attorney was not known to Overmyer, had not been retained by Overmyer, and had not communicated with the petitioners prior to the entry of the judgment. [p182]

 * 10. As required by Ohio Rev. Code § 2323.13 (C), the clerk of the state court, on July 16, mailed notices of the entry of the judgment on the cognovit note to Overmyer at addresses in New York, Ohio, and Kentucky.

 * 11. On July 22 Overmyer, by counsel, filed in the Ohio court motions to stay execution and for a new trial. The latter motion referred to "[i]rregularity in the proceedings of the prevailing party and of the court..." On August 6, Overmyer filed a motion to vacate judgment and tendered an answer and counterclaim alleging breach of contract by Frick, and damages. A hearing was held. Both sides submitted affidavits. Those submitted by Overmyer asserted lack of notice before judgment and alleged a breach of contract by Frick. A copy of Judge Mansfield's findings, conclusions, and opinion was placed in the record. On November 16 the court overruled each motion.

 * 12. Overmyer appealed to the Court of Appeals for Lucas County, Ohio, specifically asserting deprivation of due process violative of the Ohio and Federal Constitutions. That court affirmed with a brief journal entry.

 * 13. The Supreme Court of Ohio "sua sponte dismisse[d] the appeal for the reason that no substantial constitutional question exists herein."

We granted certiorari. 401 U.S. 992 (1971).

II
This chronology clearly reveals that Overmyer's situation, of which it now complains, is one brought about largely by its own misfortune and failure or inability to pay. The initial agreement between Overmyer and Frick was a routine construction subcontract. Frick agreed to do the work and Overmyer agreed to pay a designated amount for that work by progress payments at specified times. This contract was not accompanied by any promissory note.

[p183] Overmyer then became delinquent in its payments. Frick naturally refrained from further work. This impasse was resolved by the February 1967 post-contract arrangement, pursuant to which Overmyer made an immediate partial payment in cash and issued its installment note for the balance. Although Frick had suggested a confession-of-judgement clause, the note as executed and delivered contained no provision of that kind.

Frick completed its work and Overmyer accepted the work as satisfactory. Thereafter Overmyer again asked for relief. At this time counsel for each side participated in the negotiations. The first note was replaced by the second. The latter contained the confession-of-judgment provision Overmyer now finds so offensive. However, in exchange for that provision and for its execution of the second mortgages, Overmyer received benefit and consideration in the form of (a) Frick's release of the three mechanic's liens, (b) reduction in the amount of the monthly payment, (c) further time in which the total amount was to be paid, and (d) reduction of a half point in the interest rate.

Were we concerned here only with the validity of the June 1967 agreement under principles of contract law, that issue would be readily resolved. Obviously and undeniably, Overmyer's execution and delivery of the second note were for an adequate consideration and were the product of negotiations carried on by corporate parties with the advice of competent counsel.

More than mere contract law, however, is involved here.

III
Petitioner Overmyer first asserts that the Ohio judgment is invalid because there was no personal service upon it, no voluntary appearance by it in Ohio, and no genuine appearance by an attorney on its behalf. Thus, [p184] it is said, there was no personal jurisdiction over Overmyer in the Ohio proceeding. The petitioner invokes Pennoyer v. Neff, 95 U.S. 714, 732 (1878), and other cases decided here and by the Ohio courts enunciating accepted and long-established principles for in personam jurisdiction. McDonald v. Mabee, 243 U.S. 90, 91 (1917); Vanderbilt v. Vanderbilt, 354 U.S. 416, 418 (1957); Sears v. Weimer, 143 Ohio St. 312, 55 N.E. 2d 413 (1944); Railroad Co. v. Goodman, 57 Ohio St. 641, 50 N.E. 1132 (1897); Cleveland Leader Printing Co. v. Green, 52 Ohio St. 487, 491, 40 N.E. 201, 203 (1895).

It is further said that whether a defendant's appearance is voluntary is to be determined at the time of the court proceeding, not at a much earlier date when an agreement is signed; that an unauthorized appearance by an attorney on a defendant's behalf cannot confer jurisdiction; and that the lawyer who appears in Ohio was not Overmyer's attorney in any sense of the word, but was only an agent of Frick.

The argument then proceeds to constitutional grounds. It is said that due process requires reasonable notice and an opportunity be heard, citing Boddie v. Connecticut, 401 U.S. 371, 378 (1971). It is acknowledged, however, that the question here is in a context of "contract waiver, before suit has been filed, before any dispute has arisen" and "whereby a party gives up in advance his constitutional right to defend any suit by the other, to notice and an opportunity to be heard, no matter what defenses he may have, and to be represented by counsel of his own choice." In other words, Overmyer's position here specifically is that it is "unconstitutional to waive in advance the right to present a defense in an action on the note." It is conceded that in Ohio a court has the [p185] power to open the judgment upon a proper showing. Bellows v. Bowlus, 83 Ohio App. 90, 93, 82 N.E. 2d 429, 432 (1948). But it is claimed that such a move is discretionary and ordinarily will not be disturbed on appeal, and that it may not prevent execution before the debtor has notice, Griffin v. Griffin, 327 U.S. 220, 231-232 (1946). Goldberg v. Kelly, 397 U.S. 254 (1970), and Sniadach v. Family Finance Corp., 395 U.S. 337 (1969), are cited.

The due process rights to notice and hearing prior to a civil judgment are subject to waiver. In National Equipment Rental, Ltd. v. Szukhent, 375 U.S. 311 (1964), the Court observed: "'[I]t is settled... that parties to a contract may agree in advance to submit to the jurisdiction of a given court, to permit notice to be served by the opposing party, or even to waive notice altogether.' Id., at 315-316." And in Boddie v. Connecticut, supra, the Court acknowledged that "the hearing required by due process is subject to waiver." 401 U.S., at 378-379.

This, of course, parallels the recognition of waiver in the criminal context where personal liberty, rather than a property right, is involved. Illinois v. Allen, 397 U.S. 337, 342-343 (1970) (right to be present at trial); Miranda v. Arizona, 384 U.S. 436, 444 (1966) (rights to counsel and against compulsory self-incrimination); Fay v. Noia, 372 U.S. 391, 439 (1963) (habeas corpus); Rogers v. United States, 340 U.S. 367, 371 (1951) (right against compulsory self-incrimination).

Even if, for present purposes, we assume that the standard for waiver in a corporate-property-right case of this kind is the same standard applicable to waiver in a criminal proceeding, that is, that it be voluntary, knowing, and intelligently made, Brady v. United States, [p186] 397 U.S. 742, 748 (1970); Miranda v. Arizona, 384 U.S., at 444, or "an intentional relinquishment or abandonment of a known right or privilege," Johnson v. Zerbst, 304 U.S. 458, 464 (1938); Fay v. Noia, 372 U.S., at 439, and even if, as the Court has said in the civil area, "[w]e do not presume acquiescence in the loss of fundamental rights," Ohio Bell Tel. Co. v. Public Utilities Comm'n, 301 U.S. 292, 307 (1937), that standard was fully satisfied here.

Overmyer is a corporation. Its corporate structure is complicated. Its activities are widespread. As its counsel in the Ohio post-judgment proceeding stated, it has built many warehouses in many States and has been party to "tens of thousands of contracts with many contractors." This is not a case of unequal bargaining power or overreaching. The Overmyer-Frick agreement, from the start, was not a contract of adhesion. There was no refusal on Frick's part to deal with Overmyer unless Overmyer agreed to a cognovit. The initial contract between the two corporations contained no confession-of-judgment clause. When, later, the first installment note from Overmyer came into being, it, too, contained no provision of that kind. It was only after Frick's work was completed and accepted by Overmyer, and when Overmyer again became delinquent in its payments on the matured claim and asked for further relief, that the second note containing the clause was executed.

Overmyer does not contend here that it or its counsel was not aware of the significance of the note and of the cognovit provision. Indeed, it could not do so in the light of the facts. Frick had suggested the provision in October 1966, but the first note, readjusting the progress payments, was executed without it. It appeared in the second note delivered by Overmyer's own counsel in return for substantial benefits and consideration to Overmyer. Particularly important, it would seem, was the [p187] release of Frick's mechanic's liens, but there were, in addition, the monetary relief as to amount, time, and interest rate.

Overmyer may not have been able to predict with accuracy just how or when Frick would proceed under the confession clause if further default by Overmyer occurred, as it did, but this inability does not in itself militate against effective waiver. See Brady v. United States, 397 U.S., at 757; McMann v. Richardson, 397 U.S. 759, 772-773 (1970).

We therefore hold that Overmyer, in its execution and delivery to Frick of the second installment note containing the cognovit provision, voluntarily, intelligently, and knowingly waived the rights it otherwise possessed to pre-judgment notice and hearing, and that it did so with full awareness of the legal consequences.

Insurance Co. v. Morse, 20 Wall. 445 (1874), affords no comfort to the petitioners. That case concerned the constitutional validity of a state statute that required a foreign insurance company, desiring to qualify in the State, to agree not to remove any suit against it to a federal court. The Court quite naturally struck down the statute, for it thwarted the authority vested by Congress in the federal courts and violated the Privileges and Immunities Clause.

Myers v. Jenkins, 63 Ohio St. 101, 120, 57 N.E. 1089, 1093 (1900), involving an insurance contract that called for adjustment of claims through the company alone and without resort to the courts, is similarly unhelpful.

IV
Some concluding comments are in order:

 * 1. Our holding necessarily means that a cognovit clause is not, per se, violative of Fourteenth Amendment due process. Overmyer could prevail here only if the clause were constitutionally invalid. The facts of this case, as [p188] we observed above, are important, and those facts amply demonstrate that a cognovit provision may well serve a proper and useful purpose in the commercial world and at the same time not be vulnerable to constitutional attack.

 * 2. Our holding, of course, is not controlling precedent for other facts of other cases. For example, where the contract is one of adhesion, where there is great disparity in bargaining power, and where the debtor receives noting for the cognovit provision, other legal consequences may ensue.

 * 3. Overmyer, merely because of its execution of the cognovit note, is not rendered defenseless. It concedes that in Ohio the judgment court may vacate its judgment upon a showing of a valid defense and, indeed, Overmyer had a post-judgment hearing in the Ohio court. If there were defenses such as prior payment or mistaken identify, those defenses could be asserted. And there is nothing we see that prevented Overmyer from pursuing its breach-of-contract claim against Frick in a proper forum. Here, again, that is precisely what Overmyer has attempted to do, thus far unsuccessfully, in the Southern District of New York.

The judgment is

Affirmed.

MR. JUSTICE POWELL and MR. JUSTICE REHNQUIST took no part in the consideration or decision of this case.


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 Finale to Act II. of Oberon. The fifth and sixth bars of the overture to Oberon contain a prominent descending passage for the two flutes in thirds pianissimo along with the clarinets.

, Overture to Oberon.

I have dwelt at some length on Weber, as his writings show a more complete grasp of the possibilities of the flute than those of any of his predecessors; I might almost add, than most of his successors. Moreover, they are most grateful to the player, are eminently playable, and present no great difficulties of execution. He also uses the piccolo in a very original manner to produce a startling and weird effect, as in the ghost scene in, Der Freischütz. Caspar's song. Freischütz and in Caspar's drinking song, The mocking effect of the shakes on two piccolos is termed by Berlioz a "diabolic sneer," and "a fiendish laugh of scorn"


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D.H. Overmyer Co. v. Frick Co./Concurrence Douglas

MR. JUSTICE DOUGLAS, whom MR. JUSTICE MARSHALL joins, concurring.

I agree that the heavy burden against the waiver of constitutional rights, which applies even in civil matters, Ohio Bell Tel. Co. v. Public Utilities Comm'n, 301 U.S. 292, 307 (1937); ''Aetna Ins. Co. v. Kennedy'', 301 U.S. 389, [p189] 393 (1937), has been effectively rebutted by the evidence presented in this record. Whatever procedural hardship the Ohio confession-of-judgment scheme worked upon the petitioners was voluntarily and understandingly self-inflicted through the arm's-length bargaining of these corporate parties.

I add a word concerning the contention that opening of confessed judgments in Ohio is merely discretionary and requires a burden of persuasion than is ordinarily imposed upon defendants. As I read the Ohio law of cognovit notes, trial judges have traditionally enjoyed wide discretion in vacating confessed judgements. 32 Ohio Jur. 2d, Judgments § 558 (1958). In Livingstone v. Rebman, 169 Ohio St. 109, 158 N.E. 2d 366 (1959), however, the Ohio Supreme Court imposed certain safeguards on the exercised of a judge's discretion in opening confessed judgments. That case also involved a petition to open a confessed judgment where, as here, the debtor alleged the affirmative defense of failure of consideration. Using the preponderance-of-the-evidence test, the trial court had found insufficient support for the debtor's claim and had dismissed the motion to open. On appeal, however, the Ohio Supreme Court reversed on the degree of proof needed to vacate a confessed judgment. Said the court: "'[I]f there is credible evidence supporting the defense... from which reasonable minds may reach different conclusions, it is then the duty of the court to suspend the judgment and permit the issue raised by the pleadings to be tried by a jury or, if a jury is waived, by the court.' Id., at 121-122, 158 N.E. 2d, at 375. (Emphasis supplied.)"

Thus it would appear that the Ohio confessed judgment may be opened if the debtor poses a jury question, that [p190] is, if his evidence would have been sufficient to prevent a directed verdict against him. That standard is a minimal obstacle.

The fact that a trial judge is dutybound to vacate judgments obtained through cognovit clauses where debtors present jury questions is a complete answer to the contention that unbridled discretion governs the disposition of petitions to vacate. See also Goodyear v. Stone, 169 Ohio St. 124, 158 N.E. 2d 376 (1959); McMillen v. Willard Garage Inc., 14 Ohio App. 2d 112, 115, 237 N.E. 2d 155, 158 (1968); Central National Bank of Cleveland v. Standard Loan and Finance, 5 Ohio App. 2d 101, 104, 195 N.E. 2d 597, 600 (1964).

The record shows that the petitioners were given every opportunity after judgment to explain their affirmative defense to the state courts said that the defense was rejected solely because the evidence adduced in support thereof was too thin to warrant further presentation to a jury.


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 when repeated at the words "Revenge, thy triumph is nigh." But Weber does not always employ the piccolo in this manner. We find two piccolos used in the Bridal March in Euryanthe, in Oberon, and in Preciosa (ii.), where they have a remarkable passage. In the , Preciosa, Opening Chorus, 2nd Act. last-named opera (sc. viii.) we have the piccolo combined with the clarinet, with an accompaniment of bassoon, horns, drums, triangle, and tambourineno strings. Another curious combination occurs in the Cantata on Waterloo, where the Grenadier's March is written for two piccolos and side drums only, along with the voices.

Meyerbeer was very fond of the piccolo, especially in scenes of devilry, and introduces it largely into all his operas. Thus in Robert le Diable it is largely used in the Baccanale and the Valse Infernale (i.) and in the frantic dance of the condemned nuns (iii.). In the Couplets Bachiques in Le Prophete (v.) a telling effect is produced by a few piccolo notes, along with harps and flutes, and in the Benediction of the Daggers in Les Huguenots it creates an almost savage effect, where at the word "strike" it represents the clinking of iron. In Robert le Diable it