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 Rh his nearness is not like the nearness of bodies, as neither is his essence like the essence of bodies. Neither doth he exist in anything, neither doth anything exist in him; but he is too high to be contained in any place, and too holy to be determined by time; for he was before time and place were created, and is now after the same manner as he always was. He is also distinct from the creatures by his attributes, neither is there anything besides himself in his essence, nor is his essence in any other besides him. He is too holy to be subject to change, or any local motion; neither do any accidents dwell in him, nor any contingencies befall him; but he abides through all generations with his glorious attributes, free from all danger of dissolution. As to the attribute of perfection, he wants no addition of his perfection. As to being, he is known to exist by the apprehension of the understanding; and he is seen as he is by an ocular intuition, which will be vouchsafed out of his mercy and grace to the holy in the eternal mansion, completing their joy by the vision of his glorious presence.

"(His power.) He, praised be his name, is


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 72 living, powerful, mighty, omnipotent, not liable to any defect or impotence; neither slumbering nor sleeping, nor being obnoxious to decay or death. To him belongs the kingdom, and the power, and the might. His is the dominion, and the excellency, and the creation, and the command thereof. The heavens are folded up in his right hand, and all creatures are couched within his grasp. His excellency consists in his creating and producing, and his unity in communicating existence and a beginning of being. He created men and their works, and measured out their maintenance and their determined times. Nothing that is possible can escape his grasp, nor can the vicissitudes of things elude his power. The effects of his might are innumerable, and the objects of his knowledge infinite.

"(His knowledge.) He, praised be his name, knows all things that can be understood, and comprehends whatsoever comes to pass, from the extremities of the earth to the highest heavens. Even the weight of a pismire could not escape him either in earth or heaven; but he would perceive the creeping of the black pismire in the dark night upon the hard stone,


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'''Exodus 11:3  Then the LORD said to Moses, “Stretch out your hand over the land of Egypt, so that the locusts may swarm over it and devour every plant in the land—everything that the hail has left behind.”

So Moses stretched out his staff over the land of Egypt, and throughout that day and night the LORD sent an east wind across the land. By morning the east wind had brought the locusts.

The locusts swarmed across the land and settled over the entire territory of Egypt. Never before had there been so many locusts, and never again will there be. They covered the face of all the land until it was black, and they consumed all the plants on the ground and all the fruit on the trees that the hail had left behind. Nothing green was left on any tree or plant in all the land of Egypt.

Pharaoh quickly summoned Moses and Aaron and said, “I have sinned against the LORD your God and against you. Now please forgive my sin once more and appeal to the LORD your God, that He may remove this death from me.”

So Moses left Pharaoh’s presence and appealed to the LORD. And the LORD changed the wind to a very strong west wind that carried off the locusts and blew them into the Red Sea. Not a single locust remained anywhere in Egypt.

But the LORD hardened Pharaoh’s heart, and he would not let the Israelites go.

The Ninth Plague: Darkness

Then the LORD said to Moses, “Stretch out your hand toward heaven, so that darkness may spread over the land of Egypt—a palpable darkness.”

So Moses stretched out his hand toward heaven, and total darkness covered all the land of Egypt for three days. No one could see anyone else, and for three days no one left his place. Yet all the Israelites had light in their dwellings.

Then Pharaoh summoned Moses and said, “Go, worship the LORD. Even your little ones may go with you; only your flocks and herds must stay behind.”

But Moses replied, “You must also provide us with sacrifices and burnt offerings to present to the LORD our God. Even our livestock must go with us; not a hoof will be left behind, for we will need some of them to worship the LORD our God, and we will not know how we are to worship the LORD until we arrive.”

But the LORD hardened Pharaoh’s heart, and he was unwilling to let them go. “Depart from me!” Pharaoh said to Moses. “Make sure you never see my face again, for on the day you see my face, you will die.”

“As you say,” Moses replied, “I will never see your face again.” The Plague on the Firstborn Foretold

Then the LORD said to Moses, “I will bring upon Pharaoh and Egypt one more plague. After that, he will allow you to leave this place. And when he lets you go, he will drive you out completely. Now announce to the people that men and women alike should ask their neighbors for articles of silver and gold.”

And the LORD gave the people favor in the sight of the Egyptians. Moreover, Moses himself was highly regarded in Egypt by Pharaoh’s officials and by the people.


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 Rh and discern the motion of an atom in the open air. He knows what is secret and conceals it, and views the conceptions of the minds, and the motions of the thoughts, and the inmost recesses of secrets, by a knowledge ancient and eternal, that never ceased to be his attribute from eternal eternity, and not by any new knowledge, superadded to his essence, either inhering or adventitious.

"(His will.) He, praised be his name, doth will those things to be that are, and disposes of all accidents. Nothing passes in the empire, nor the kingdom, neither little nor much, nor small nor great, nor good nor evil, nor profitable nor hurtful, nor faith nor infidelity, nor knowledge nor ignorance, nor prosperity nor adversity, nor increase nor decrease, nor obedience nor rebellion, but by his determinate counsel and decree, and his definite sentence and will. Nor doth the wink of him that seeth, nor the subtlety of him that thinketh, exceed the bounds of his will; but it is he who gave all things their beginning; he is the creator and restorer, the sole operator of what he pleases; there is no reversing his decree nor delaying what he hath determined,


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 74 nor is there any refuge to man from his rebellion against him, but only his help and mercy; nor hath any man any power to perform any duty towards him, but through his love and will. Though men, genii, angels and devils, should conspire together either to put one single atom in motion, or cause it to cease its motion, without his will and approbation they would not be able to do it. His will subsists in his essence amongst the rest of his attributes, and was from eternity one of his eternal attributes, by which he willed from eternity the existence of those things that he had decreed, which were produced in their proper seasons according to his eternal will, without any before or after, and in agreement both with his knowledge and will, and not by methodising of thoughts, nor waiting for a proper time, for which reason no one thing is in him a hindrance from another.

"(His hearing and sight.) And he, praised be his name, is hearing and seeing, and heareth and seeth. No audible object, how still so-ever, escapeth his hearing; nor is any thing visible so small as to escape his sight; for distance is no hindrance to his hearing, nor


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 Rh darkness to his sight. He sees without pupil or eyelids, and hears without any passage or ear, even as he knoweth without a heart, and performs his actions without the assistance of any corporeal limb, and creates without any instrument, for his attributes (or properties) are not like those of men, any more than his essence is like theirs.

"(His word.) Furthermore, he doth speak, command, forbid, promise, and threaten by an eternal, ancient word, subsisting in his essence. Neither is it like to the word of the creatures, nor doth it consist in a voice arising from the commotion of the air and the collision of bodies, nor letters which are separated by the joining together of the lips or the motion of the tongue. The Koran, the Law, the Gospel, and the Psalter, are books sent down by him to his apostles, and the Koran, indeed, is read with tongues, written in books, and kept in hearts; yet as subsisting in the essence of God, it doth not become liable to separation and division whilst it is transferred into the hearts and the papers. Thus Moses also heard the Word of God without voice or letter, even as the saints behold the essence of God without


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 76 substance or accident. And that since these are his attributes, he liveth and knoweth, is powerful and willeth and operateth, and seeth and speaketh, by life and knowledge, and will and hearing, and sight and word, not by his simple essence.

"(His works.) He, praised be his name, exists after such a manner that nothing besides him hath any being but what is produced by his operation, and floweth from his justice after the best, most excellent, most perfect, and most just model. He is, moreover, wise in his works, and just in his decrees. But his justice is not to be compared with the justice of men. For a man may be supposed to act unjustly by invading the possession of another; but no injustice can be conceived of God, inasmuch as there is nothing that belongs to any other besides himself, so that wrong is not imputable to him as meddling with things not appertaining to him. All things, himself only excepted, genil, men, the devil, angels, heaven, earth, animals, plants, substance, accident, intelligible, sensible, were all created originally by him. He created them by his power out of mere privation, and brought them into light, when


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 Rh as yet they were nothing at all, but he alone existing from eternity, neither was there any other with him. Now he created all things in the beginning for the manifestation of his power, and his will, and the confirmation of his word, which was true from all eternity. Not that he stood in need of them, nor wanted them; but he manifestly declared his glory in creating, and producing, and commanding, without being under any obligation, nor out of necessity. Loving kindness, and to show favour, and grace, and beneficence, belong to him; whereas it is in his power to pour forth upon men a variety of torments, and afflict them with various kinds of sorrows and diseases, which, if he were to do, his justice could not be arraigned, nor would he be chargeable with injustice. Yet he rewards those that worship him for their obedience on account of his promise and beneficence, not of their merit nor of necessity, since there is nothing which he can be tied to perform; nor can any injustice be supposed in him, nor can he be under any obligation to any person whatsoever. That his creatures, however, should be bound to serve him, ariseth from his having declared by


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 78 the tongues of the prophets that it was due to him from them. The worship of him is not simply the dictate of the understanding, but he sent messengers to carry to men his commands, and promises, and threats, whose veracity he proved by manifest miracles, whereby men are obliged to give credit to them in those things that they relate."


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 242 difficulties presented by history and the writings of the Fathers: the facts showing that there had never been unanimity or universality of consent on this matter in Christendom. Nor was it easy to see how a definition could be composed which would not leave space for numerous uncertainties and controversies as to its meaning and application to past and future events. And, among men disposed to accept the opinion, there were many destitute of that certainty of conviction which is an indispensable pre-requisite for imposing the doctrine, without grave moral injury, upon others as essential to be believed under penalty of eternal damnation. There was no hope of real unanimous consent; for it was impossible to deny that a large proportion of the Bishops was adverse to the definition. And hitherto in the Church of God it had never been the custom, nor is it lawful, to establish new dogmatic definitions without moral unanimity among the Bishops assembled in Council.

Another Bishop insisted emphatically that no consideration ought to move men to create an article of faith, except only a clear knowledge that God has revealed it, and that it is certainly contained in Scripture or Tradition. For a Bishop to vote this doctrine merely out of regard for the Holy See would be a mortal sin. There was no constant Tradition for Infallibility. On the contrary, the opposite opinion appears in numberless records. St Augustine is particularly clear, and seems to have had no conception whatever of the doctrine. Bossuet's Exposition could not possibly have been approved when the doctrine prevailed, for he only mentions the primacy.

Another, who protests his abhorrence of all endeavours to detract from the primacy of the Pope, was yet constrained to plead that nothing should be said in this


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 ] Council either concerning the pre-eminence of the Roman Pontiff over the entire Church and General Council, or concerning his Infallibility.

Another Bishop protested that this ascription to the Pope of absolute or unconditional Infallibility, separate, i.e. independent of the consent of the Episcopate—personal, that is to say, uttered at will—is neither opportune nor lawful: not opportune, for it will involve souls and religion in innumerable difficulties; not lawful, because founded on no certain argument either of Scripture, or Tradition, or Councils; and because it would revolutionise the constitution which Christ has imposed upon His Church.

Next came a witness from the Irish Catholics. This Bishop said that although during the last thirty-one years before the Council assembled the doctrine of the Infallibility of the Roman Pontiff had been taught in the Irish schools, and he himself during fifteen years had inculcated it upon the young ecclesiastics entrusted to his care; yet for two hundred years it had always been taught in the schools that the decrees of the Roman Pontiff were not irreformable, except with the consent, either expressed or tacit, of the Episcopate. Therefore this doctrine of personal Infallibility of Roman Pontiffs could not reach the people and sink into the minds of the faithful laity. Moreover, a denial of personal Infallibility had been publicly made when the Irish Bishops were interrogated by the English Government. Nor was any censure to this day ever uttered against the doctrine which prevailed in Ireland. The Irish Catechisms had always taught the Infallibility of the Church, meaning the Bishops or teaching body in agreement with the Pope.

Sixteen other Bishops joyfully accept the doctrine, and declare it supported by the entire Dominican Order. Twenty-five others did the same.


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18th of July 1870 is from any point of view one of the most critical days in the history of the Papacy. It is the transition from old Catholicism into new. It is the consummation of a theory of spiritual authority; the centralising and condensing of all power in one individual. It is not in the least the necessary or the logical conclusion of the principle of authority: for the expression of authority, either through the Collective Episcopate or through reception by the Universal Church, is just as consistent and just as logical; and has the additional advantage of corresponding with the primitive facts of Christian history.

The 18th of July was also a momentous date in the annals of the Roman temporal power. On the very next day began the Franco-Prussian War. From that date onwards the tragedy of conflict precluded any meeting of German and French Bishops in Council at Rome. The Council was necessarily interrupted, its resumption indefinitely postponed. The disaster to France meant the recalling of the French troops from Rome. Then followed the capture of the city by United Italy, and the establishment of the Italian Throne at the gates of the Vatican. The temporal power of the Papacy


text: Roman Catholic Opposition to Papal Infallibility/Chapter 17


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File:The House at Pooh Corner (1961) (page 41 crop).jpg

Summary
A 1961 printing of the 1928 books. Re-upload with proper capitalization in title.


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 244 Another Bishop declared that the series of three texts commonly quoted on behalf of Papal Infallibility ("Thou art Peter." … "I have prayed for thee" … "Feed My sheep") could not possibly prove that the authority to teach and the privilege of Infallibility were given exclusively to St Peter, for another series of texts exists in which the Apostles collectively with St Peter are made recipients of the same authority ("Go ye therefore … teaching them … I will pray the Father, and He will send you another Comforter … Receive ye the Holy Ghost"). Who will dare to say that the Apostles and their successors received nothing in these words? Who does not see that all power was directly bestowed upon them all? Now, since the Bishops are successors of the Apostles, and receive direct from Christ a definite share in the government of the Church, it is impossible to allow that the entire and absolute authority and power to rule and teach, coupled with the privilege of Infallibility, belong to the Pope alone. Such power must reside in the Pope together with the Episcopate, as the successor of Peter and the Apostles. If the Pope possesses a principal portion of authority, yet it is essentially limited by the rights of the Episcopate, which are equally Divine. Thus it cannot be absolute. We hold it for certain, this Bishop continued, that by no argument from the first five centuries of the Church can the Infallibility of the Pope be established. The early centuries never recognised absolute infallible teaching power in the Pope alone; but in the entire Episcopate, of which he was the head. If nothing is definable which does not conform to the test of universality from the beginning, how can Infallibility of the Pope ever become defined?

Another Bishop asserted that nothing more mischievous than this unfortunate proposition could be conceived;


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 ] nothing more dangerous to the authority of the Church and the Holy See. It was not right to separate either the head from the body nor the body from the head in the discussion of this doctrine. Infallibility was a prerogative of the entire body of the Church. The difficulties which the doctrine of Papal Infallibility create were endless and almost insoluble. The consequences of a definition would be bad and dangerous. It was therefore to be hoped that the Pope will, of his own accord, set this cause of discord aside. Many of the Fathers of the Vatican Council were persuaded that such an example of humility and self-denial on the part of the Pope would really increase the authority of the Apostolic See, and render the name of Pius IX. glorious in the annals of the Church.

Another member of the Council—Bishop Clifford, one of the three candidates proposed by the Chapter for the Archbishopric of Westminster, and who therefore, if the will of the Roman Catholics in England had not been overruled by Pius IX., might have been in Manning's place—declared that the definition of this opinion as of faith would be the greatest hindrance to the conversion of Protestants and a stone of stumbling to many Catholics. What good it could produce he was unable to see. It would be especially disastrous in England; for at the time of the Catholic emancipation from civil disabilities the Bishops and theologians were publicly questioned by Parliament whether English Catholics believed that the Pope could impose definitions on faith and morals apart from the consent, either tacit or express, of the Church. All the Bishops, among them the predecessor of the present Archbishop of Dublin, together with the theologians, replied that Catholics did not maintain this doctrine. This statement was entered in the Parliamentary Acts. On the strength of these


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More Tales from Tolstoi The counsellor also kept on bawling out of the second sledge—I wondered what sort of a yokel he might be. No doubt a rufus, well set up, with short legs, I thought to myself, something in the style of Theodor Filipovich, our old waiter. And then I saw before me the staircase of our big house, and four of the men-servants in linen suits, walking heavily and dragging the pianoforte out of one of the wings. Theodor Filipovich, with the sleeves of his nankeen surtout turned up, and carrying a pedal, was running on in front, unloosening the bars and bolts, and there he stood, tugging away at a napkin, bustling about, insinuating himself between their legs and making a mess of everything, never ceasing all the time to screech with a funny voice:

"This way, this way, you fellows in front! Like this, tail up, up, up, up, I say, carry it through the door! Like this!"

"We can manage it; leave us alone, Theodor Filipovich!" timidly observed the gardener, clinging to the balustrade, all red with the exertion and supporting one corner of the grand-piano with all his remaining strength.

But Theodor Filipovich would not be quiet.

"What an idea?" I thought as I deliberated about it. Does he fancy he is useful, indispensable, or is he simply glad because God has given him the self-confident, convincing eloquence which he dispenses with such sweet satisfaction? It must be so." And then I saw somewhere or other a pond, a lot of tired men-servants up to their knees in water dragging a fishing-net, and there again was Theodor Filipovich

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Rh with a watering-can, running along the bank and shouting at them, but only very rarely approaching the water's edge in order to touch with his hands some golden carp and pour away the dirty water and fill his can with fresh. And then it was midday in the month of July. I was walking along somewhere, over some quite newly mown garden grass, beneath the burning, perpendicular rays of the sun; I was still very young; there was something I lacked, something I very much wanted. I was going to a pond, to my favourite spot, between beds of wild eglantine and an avenue of birch trees, and I lay down to sleep. I remember the feeling with which I lay down: I looked through the pretty, prickly branches of the eglantine at the black, dry hummocks of earth and at the translucent, bright-blue mirror of the pond. It was a sort of feeling of naïve self-satisfaction and melancholy. Everything around me was so exceedingly beautiful, and this beauty had such a strong effect upon me that it seemed to me as if I also were good, and the only vexatious thing was that nobody admired me. It was hot; I tried to sleep in order to get some rest, but the flies, the intolerable flies, gave me no respite even here, and they began to collect around me, and doggedly, thickly, like so many little pebbles, they darted about from my temples to my arms. The bees were humming not far from me, in the sun-burnt patches of the grass, and yellow-winged butterflies, as if wearied by the sultriness, were flitting from blade to blade of grass. I looked up: it pained my eyes—the sun shone too strongly through the bright leaves

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More Tales from Tolstoi of the thick-foliaged birch tree loftily, but very gently, rocking its branches above my head, and it seemed hotter than ever. I covered my face with a pocket handkerchief. I felt oppressed, and the flies regularly stuck to my arms, on which a light sweat burst forth. The sparrows were busy in the dog-rose hedges. One of them hopped along the ground a few yards from me, pretended once or twice to be pecking the ground energetically, and making the tiny twigs crackle beneath his feet and chirping merrily, flew out of the bosque; another sparrow also perched upon the ground, trimmed his tail, glanced around him, and then, like a dart, flew chirping after the first sparrow. The blows of the mangling stick on the wet linen were audible from the pond, and the sound of these blows was borne downwards and carried along the surface of the pond. Audible also were the laughter, talking, and splashing of the bathers. The breeze shook noisily the summits of those birches that were further from me; nearer at hand I heard it begin to flutter the grass, and now the leaves of the dog-rose bosque fell a-quivering and rustled upon their branches, and now, raising the corner of the handkerchief and tickling my perspiring face, the fresh current of air careered right up to me. Through the opening made by the lifted 'kerchief flew a fly and buzzed terror-stricken round my moist mouth. An odd piece of dried twig insinuated itself under my back. No, lying down was impossible. Suppose I went and had a refreshing bath. But at that very moment I hear quite close to the bosque hastening footsteps and a terrified female voice saying:

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132 STAT. 3676

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

(a) —This Act may be cited as the “Orrin G. Hatch–Bob Goodlatte Music Modernization Act”.

(b) —The table of contents for this Act is as follows:

Section 13031(j)(3)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended by striking “October 13, 2027” and inserting “October 20, 2027”.

This title may be cited as the “Musical Works Modernization Act”.

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text: A Geographical, Statistical, and Historical Description of the District, Or Zila, of Dinajpur/Book 2/Chapter 2


text: Voice of Flowers/The Early Frost

title: Voice of Flowers/The Early Frost


text: Voice of Flowers/The Stranger's Flower

title: Voice of Flowers/The Stranger's Flower


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Rh

(a) —Section 115 of title 17, United States Code, is amended—
 * (1) in subsection (a)—
 * (A) in the subsection heading, by inserting “” after “”;
 * (B) by striking paragraph (1) and inserting the following:
 * “(1) —
 * “(A) —A person may by complying with the provisions of this section obtain a compulsory license to make and distribute phonorecords of a nondramatic musical work, including by means of digital phonorecord delivery. A person may obtain a compulsory license only if the primary purpose in making phonorecords of the musical work is to distribute them to the public for private use, including by means of digital phonorecord delivery, and—
 * “(i) phonorecords of such musical work have previously been distributed to the public in the United States under the authority of the copyright owner of the work, including by means of digital phonorecord delivery; or
 * “(ii) in the case of a digital music provider seeking to make and distribute digital phonorecord deliveries of a sound recording embodying a musical work under a compulsory license for which clause (i) does not apply—
 * “(I) the first fixation of such sound recording was made under the authority of the musical work copyright owner, and the sound recording copyright owner has the authority of the musical work copyright owner to make and distribute digital phonorecord deliveries embodying such work to the public in the United States; and
 * “(II) the sound recording copyright owner, or the authorized distributor of the sound recording copyright owner, has authorized the digital music provider to make and distribute digital phonorecord deliveries of the sound recording to the public in the United States.
 * “(B) —A person may not obtain a compulsory license for the use of the work in the making of phonorecords duplicating a sound recording fixed by another, including by means of digital phonorecord delivery, unless—
 * “(i) such sound recording was fixed lawfully; and
 * “(ii) the making of the phonorecords was authorized by the owner of the copyright in the sound recording or, if the sound recording was fixed before February 15, 1972, by any person who fixed the sound recording pursuant to an express license from the owner of the copyright in the musical work or pursuant to a valid compulsory license for use of such work in a sound recording.”; and

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text: A Geographical, Statistical, and Historical Description of the District, Or Zila, of Dinajpur/Book 2/Chapter 4


text: A Geographical, Statistical, and Historical Description of the District, Or Zila, of Dinajpur/Book 2/Chapter 1


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132 STAT. 3678 ::(C) in paragraph (2), by striking “A compulsory license” and inserting “—A compulsory license”;
 * (2) by striking subsection (b) and inserting the following:

“(b) —
 * “(1) —A person who seeks to obtain a compulsory license under subsection (a) to make and distribute phonorecords of a musical work other than by means of digital phonorecord delivery shall, before, or not later than 30 calendar days after, making, and before distributing, any phonorecord of the work, serve notice of intention to do so on the copyright owner. If the registration or other public records of the Copyright Office do not identify the copyright owner and include an address at which notice can be served, it shall be sufficient to file the notice of intention with the Copyright Office. The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation.
 * “(2) —A person who seeks to obtain a compulsory license under subsection (a) to make and distribute phonorecords of a musical work by means of digital phonorecord delivery—
 * “(A) prior to the license availability date, shall, before, or not later than 30 calendar days after, first making any such digital phonorecord delivery, serve a notice of intention to do so on the copyright owner (but may not file the notice with the Copyright Office, even if the public records of the Office do not identify the owner or the owner’s address), and such notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation; or
 * “(B) on or after the license availability date, shall, before making any such digital phonorecord delivery, follow the procedure described in subsection (d)(2), except as provided in paragraph (3).
 * “(3) —Notwithstanding paragraph (2)(B), a record company may, on or after the license availability date, obtain an individual download license in accordance with the notice requirements described in paragraph (2)(A) (except for the requirement that notice occur prior to the license availability date). A record company that obtains an individual download license as permitted under this paragraph shall provide statements of account and pay royalties as provided in subsection (c)(2)(I).
 * “(4) —
 * “(A) —In the case of phonorecords made and distributed other than by means of digital phonorecord delivery, the failure to serve or file the notice of intention required by paragraph (1) forecloses the possibility of a compulsory license under paragraph (1). In the absence of a voluntary license, the failure to obtain a compulsory license renders the making and distribution of

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Rh :: phonorecords actionable as acts of infringement under section 501 and subject to the remedies provided by sections 502 through 506.
 * “(B) —
 * “(i) —In the case of phonorecords made and distributed by means of digital phonorecord delivery:
 * “(I) The failure to serve the notice of intention required by paragraph (2)(A) or paragraph (3), as applicable, forecloses the possibility of a compulsory license under such paragraph.
 * “(II) The failure to comply with paragraph (2)(B) forecloses the possibility of a blanket license for a period of 3 years after the last calendar day on which the notice of license was required to be submitted to the mechanical licensing collective under such paragraph.
 * “(ii) —In either case described in subclause (I) or (II) of clause (i), in the absence of a voluntary license, the failure to obtain a compulsory license renders the making and distribution of phonorecords by means of digital phonorecord delivery actionable as acts of infringement under section 501 and subject to the remedies provided by sections 502 through 506.”;
 * (3) by amending subsection (c) to read as follows:

“(c) —
 * “(1) —
 * “(A) —To be entitled to receive royalties under a compulsory license obtained under subsection (b)(1) the copyright owner must be identified in the registration or other public records of the Copyright Office. The owner is entitled to royalties for phonorecords made and distributed after being so identified, but is not entitled to recover for any phonorecords previously made and distributed.
 * “(B) —Except as provided by subparagraph (A), for every phonorecord made and distributed under a compulsory license under subsection (a) other than by means of digital phonorecord delivery, with respect to each work embodied in the phonorecord, the royalty shall be the royalty prescribed under subparagraphs (D) through (F), paragraph (2)(A), and chapter 8. For purposes of this subparagraph, a phonorecord is considered ‘distributed’ if the person exercising the compulsory license has voluntarily and permanently parted with its possession.
 * “(C) —For every digital phonorecord delivery of a musical work made under a compulsory license under this section, the royalty payable shall be the royalty prescribed under subparagraphs (D) through (F), paragraph (2)(A), and chapter 8.
 * “(D) —Notwithstanding any provision of the antitrust laws, any copyright owners of nondramatic musical works and any persons entitled to

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A 1961 printing of the 1928 books. Re-upload with proper capitalization in title.


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132 STAT. 3680 :: obtain a compulsory license under subsection (a) may negotiate and agree upon the terms and rates of royalty payments under this section and the proportionate division of fees paid among copyright owners, and may designate common agents on a nonexclusive basis to negotiate, agree to, pay or receive such royalty payments. Such authority to negotiate the terms and rates of royalty payments includes, but is not limited to, the authority to negotiate the year during which the royalty rates prescribed under this subparagraph, subparagraphs (E) and (F), paragraph (2)(A), and chapter 8 shall next be determined.
 * “(E) —Proceedings under chapter 8 shall determine reasonable rates and terms of royalty payments for the activities specified by this section during the period beginning with the effective date of such rates and terms, but not earlier than January 1 of the second year following the year in which the petition requesting the proceeding is filed, and ending on the effective date of successor rates and terms, or such other period as the parties may agree. Any copyright owners of nondramatic musical works and any persons entitled to obtain a compulsory license under subsection (a) may submit to the Copyright Royalty Judges licenses covering such activities. The parties to each proceeding shall bear their own costs.
 * “(F) —The schedule of reasonable rates and terms determined by the Copyright Royalty Judges shall, subject to paragraph (2)(A), be binding on all copyright owners of nondramatic musical works and persons entitled to obtain a compulsory license under subsection (a) during the period specified in subparagraph (E), such other period as may be determined pursuant to subparagraphs (D) and (E), or such other period as the parties may agree. The Copyright Royalty Judges shall establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. In determining such rates and terms for digital phonorecord deliveries, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including—
 * “(i) whether use of the compulsory licensee’s service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the musical work copyright owner’s other streams of revenue from its musical works; and
 * “(ii) the relative roles of the copyright owner and the compulsory licensee in the copyrighted work and the service made available to the public with respect to the relative creative contribution, technological contribution, capital investment, cost, and risk.
 * “(2) —
 * “(A) —
 * “(i) —License agreements voluntarily negotiated at any time between one or more copyright owners of nondramatic musical works and one or more

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Rh "Alas Batyushka! What is to be done? There's not a man in sight!"

"What is it? what is it?" I ask, running out into the sun to the maid-servant who ran past me crying and wailing. She only looked round at me, waved her hands and ran on further. And now there appears old Martha, who is seventy years of age, holding a handkerchief in her hand which she had torn from her head, bounding along and dragging one leg after her in a woollen stocking and hastening to the pond. Two little girls were also running, holding each other by the hand, and a boy of ten, in his father's surtout, holding on to the skirt of one of them, hastened on behind.

"What's the matter?" I asked them.

"A muzhik has been drowned."

"Where?"

"In the pond."

"One of our people, eh?"

"No, a vagabond."

Ivan, the coachman, shuffling with his big slippers over the mown grass, and the fat messenger Yakov, breathing with difficulty, were also running to the pool, and I ran after them.

I remember the feeling within me, which said to me: "Go ahead! throw yourself into the pond and drag out the muzhik; save him and they'll all admire you so," which was what I desired above all.

"Where is he? where is he? "I inquired of the crowd of house-servants collected round the shores of the pond.

"There he is, right at the bottom, over yonder, near

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Rh ::: persons entitled to obtain a compulsory license under subsection (a) shall be given effect in lieu of any determination by the Copyright Royalty Judges. Subject to clause (ii), the royalty rates determined pursuant to subparagraphs (E) and (F) of paragraph (1) shall be given effect as to digital phonorecord deliveries in lieu of any contrary royalty rates specified in a contract pursuant to which a recording artist who is the author of a nondramatic musical work grants a license under that person’s exclusive rights in the musical work under paragraphs (1) and (3) of section 106 or commits another person to grant a license in that musical work under paragraphs (1) and (3) of section 106, to a person desiring to fix in a tangible medium of expression a sound recording embodying the musical work.
 * “(ii) —The second sentence of clause (i) shall not apply to—
 * “(I) a contract entered into on or before June 22, 1995, and not modified thereafter for the purpose of reducing the royalty rates determined pursuant to subparagraphs (E) and (F) of paragraph (1) or of increasing the number of musical works within the scope of the contract covered by the reduced rates, except if a contract entered into on or before June 22, 1995, is modified thereafter for the purpose of increasing the number of musical works within the scope of the contract, any contrary royalty rates specified in the contract shall be given effect in lieu of royalty rates determined pursuant to subparagraphs (E) and (F) of paragraph (1) for the number of musical works within the scope of the contract as of June 22, 1995; and
 * “(II) a contract entered into after the date that the sound recording is fixed in a tangible medium of expression substantially in a form intended for commercial release, if at the time the contract is entered into, the recording artist retains the right to grant licenses as to the musical work under paragraphs (1) and (3) of section 106.
 * “(B) —Except as provided in section 1002(e), a digital phonorecord delivery licensed under this paragraph shall be accompanied by the information encoded in the sound recording, if any, by or under the authority of the copyright owner of that sound recording, that identifies the title of the sound recording, the featured recording artist who performs on the sound recording, and related information, including information concerning the underlying musical work and its writer.
 * “(C) —
 * “(i) —A digital phonorecord delivery of a sound recording is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506, unless—

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More Tales from Tolstoi to the bathing-place," said a washerwoman, placing her wet linen on a drying pole. "I saw him go under, and then he appeared somewhere else, and then he disappeared, and then he came up again once more; and how he shrieked, 'I'm sinking, Batyushka!' and down below he went again, and only bubbles came up after him; and as soon as I saw that a muzhik was drowning I cried out, 'Batyushka, there's a muzhik drowning!

And the washerwoman, throwing the yoke-beam over her shoulder, waddled along the narrow path away from the pond.

"It is a sin and a shame!" said Yakov Ivanov, the steward, with a despairing voice; "what a to-do the County Court will make about it ! There will be no end to it!"

At last a muzhik, with a scythe in his hand, forced his way through the crowd of women, children and old men, elbowing each other on the shore, and hanging his scythe on the branch of a cytisus, very deliberately began to pull off his boots.

"Where was it? Where was he drowned?" I kept on asking, wishing to pitch myself in there and do something or other out of the way.

But they only pointed out to me the smooth surface of the pond, which was rarely ruffled by a passing breeze. It was incomprehensible to me how he could have got drowned; the water, as smooth, beautiful, and indifferent as ever, stood above him, glistening like gold in the midday sun, and it seemed to me as if I could do nothing and astonish nobody, especially as I swam but awkwardly; but the muzhik had

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Rh already drawn his shirt over his head and flung himself into the water straight away. They all kept looking at him with confidence and intense expectation; but when he had got up to his shoulders in the water the muzhik deliberately turned back again and put on his shirt: he did not know how to swim.

People came running together; the crowd grew denser and denser; the old women held on to each other, but none rendered the slightest assistance. Those who had only just arrived at once began to give advice, made a fuss, and their faces wore an expression of fear and despair; of those who had been there sometime already, some becoming tired of standing, sat down on the grass, and others turned back and went away. Old Matrena inquired of her daughter whether she had closed the door of the stove; the little boy in his father's surtout violently flung stones into the water.

But now, barking loudly and looking back doubtfully, Trezerka, the dog of Theodor Filipovich, came running down the hill, and presently the form of Theodor himself, also running down the hill and bawling something or other, emerged from behind the dog-rose hedge.

"What's up?" he cried, taking off his surtout as he came along, "A man drowned and all of you stand gaping here! Give me a rope!"

They all gazed upon Theodor Filipovich with hope and terror, while he, resting one hand on the shoulder of one of the house-servants, worked off the boot on his right leg with the toe of his left foot.

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132 STAT. 3682 ::::“(I) the digital phonorecord delivery has been authorized by the sound recording copyright owner; and
 * “(II) the entity making the digital phonorecord delivery has obtained a compulsory license under subsection (a) or has otherwise been authorized by the musical work copyright owner, or by a record company pursuant to an individual download license, to make and distribute phonorecords of each musical work embodied in the sound recording by means of digital phonorecord delivery.
 * “(ii) —Any cause of action under this subparagraph shall be in addition to those available to the owner of the copyright in the nondramatic musical work under subparagraph (J) and section 106(4) and the owner of the copyright in the sound recording under section 106(6).
 * “(D) —The liability of the copyright owner of a sound recording for infringement of the copyright in a nondramatic musical work embodied in the sound recording shall be determined in accordance with applicable law, except that the owner of a copyright in a sound recording shall not be liable for a digital phonorecord delivery by a third party if the owner of the copyright in the sound recording does not license the distribution of a phonorecord of the nondramatic musical work.
 * “(E) —Nothing in section 1008 shall be construed to prevent the exercise of the rights and remedies allowed by this paragraph, subparagraph (J), and chapter 5 in the event of a digital phonorecord delivery, except that no action alleging infringement of copyright may be brought under this title against a manufacturer, importer or distributor of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or against a consumer, based on the actions described in such section.
 * “(F) —Nothing in this section annuls or limits—
 * “(i) the exclusive right to publicly perform a sound recording or the musical work embodied therein, including by means of a digital transmission, under paragraphs (4) and (6) of section 106;
 * “(ii) except for compulsory licensing under the conditions specified by this section, the exclusive rights to reproduce and distribute the sound recording and the musical work embodied therein under paragraphs (1) and (3) of section 106, including by means of a digital phonorecord delivery; or
 * “(iii) any other rights under any other provision of section 106, or remedies available under this title, as such rights or remedies exist before, on, or after the date of enactment of the Digital Performance Right in Sound Recordings Act of 1995.

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More Tales from Tolstoi "Over yonder, where the crowd is, on the right side of the willow, that's the spot, Theodor Filipovich, just there," someone said to him.

"I know," he answered, and frowning, no doubt in response to the indications of shamefacedness visible in the mob of women, he took off his shirt and little cross, which latter he gave to the gardener's little boy, who stood before him in a cringing attitude, and energetically strutting over the mown grass, drew near to the pond.

Trezerka, who, in doubt as to the meaning of the rapid movements of his master, had stopped close to the crowd and, sitting down on the bank, snapped off several blades of grass, now looked inquiringly at him, and suddenly, with a joyful yelp, plunged into the water with his master. During the first moment nothing was visible except foam and water drops, which flew right over to where we stood; but presently Theodor Filipovich, gracefully waving his arms and rhythmically raising and lowering his back, was seen swimming briskly towards the shore. Trezerka too, snorting and choking, was also coming rapidly back, shaking himself in the midst of the crowd and rolling on his back on the shore to dry himself. At the selfsame moment when Theodor Filipovich swam up to the shore two coachmen came running up to the willow with a net wound round a pole. Theodor Filipovich, for some reason or other, lifted up his hands, sneezed once, twice, thrice, each time spurting a jet of water out of his mouth, shaking his hair neatly and making no answer to the questions which showered down upon

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A 1961 printing of the 1928 books. Re-upload with proper capitalization in title.


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Rh him from all sides. At last he emerged on to the bank and, as far as I could make out, he was occupying himself solely with the proper adjustment of the net. They drew out the net, but at the bottom of it there was nothing but mud and a few little carp swimming about in it. Just as the net was being dragged in a second time I arrived on that side of the pond.

The only sounds audible were the voice of Theodor Filipovich distributing commands, the splashing in the water of the net-rope, and groans of horror.

"Now, then, put some heart into it and pull all together!" cried the voice of Theodor Filipovich.

"There's something this time! it drags heavily, my brethren!" cried a voice.

But now the net, in which two or three carp were floundering, all wet, and crushing the grass beneath it, was dragged ashore. And then dimly seen through the thin agitated layer of turbid water, something white was apparent in the extended net. A groan of horror, not loud but penetratingly audible in the death-like silence, ran through the crowd.

"Put a little more heart into it; drag it on to the dry ground!" sounded the authoritative voice of Theodor Filipovich; and the doomed man was dragged by main force over the cropped stalks of the burdocks and thistles right up to the willow tree.

And now I see before me my dear old aunt in her white dress; I see her fringed lilac sunshade so utterly out of place in this picture of death so horrible from its very simplicity, and I see her face ready at that very instant to burst into tears. I remember the

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More Tales from Tolstoi expression of disenchantment in her face at the idea that these drag-nets were altogether useless, and I remember the sick, sorrowing feeling I experienced when she said to me with the naïve egoism of love: "Let us go, my friend! Ah! how horrible it is! And you to go and bathe and swim all alone as you do, too!"

I remember how bright and sultry the sun was; how it burnt up the dry, crumbling earth beneath our feet; how it played on the surface of the pond; how gigantic carp were hurrying and scurrying near the banks; how the smoothness of the centre of the pond was disturbed by shoals of fishes; how high in the sky a vulture was wheeling right above some ducks, who, quacking and splashing, were making for the middle of the pond through the reeds; how threatening, white, curly clouds were collecting on the horizon; how the mud, dragged ashore by the net, was gradually being trampled into the ground; and how, walking along the dyke, I again heard the stroke of a paddle resounding over the pond.

But this paddle was now ringing just as if the sound of the paddles was blending together into a tierce; and this sound tormented and wearied me all the more because I knew that this paddle was a bell and Theodor Filipovich could not make it keep quiet. And this paddle, like an instrument of torture, was pressing my leg, which was freezing, and I awoke.

It seemed to me as if I had been awakened by a sudden jolt and by two voices speaking close beside me.

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Rh "Hillo! Ignat !Ignat, I say!" cried the voice of my driver, "take a passenger! It's all one to you, and it's no use my trying to keep up. Take one, I say!"

The voice of Ignat answered close beside me:

"Why should I be responsible for a passenger? You've got half a stoop yet, haven't you?"

"Half a stoop, indeed! There's a quarter of a stoop, already!"

"A quarter of a stoop! What an idea!" screeched the other voice. "Fancy plaguing a horse for the sake of a quarter of a stoop!"

I opened my eyes. Always the same unendurable, quivering snow blizzard in one's eyes, and the selfsame drivers and horses, but close beside me I saw a sledge. My driver had caught up Ignat, and we had been going on side by side for some time. Notwithstanding that the voice from the other sledges had advised my driver not to take in less weight than a half stoop, Ignat had suddenly stopped the troika.

"Let us change about then! A good job for you! Put in a quarter stoop, as we shall arrive to-morrow. How much do you make it, eh?"

My driver, with unusual vivacity, leaped out into the snow, bowed down before me, and begged me to transfer myself to Ignat. I was quite willing to do so, but it was clear that the God-fearing little muzhik was so satisfied with the new arrangement that he must needs pour forth his joy and gratitude on some one or other; he bowed down before me and thanked me and Alec and Ignashka.

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More Tales from Tolstoi "Well, there you are now, thank God. And I tell you what it is, my little master, we have been wandering about half the night, without knowing whither. That chap there will bring us in all right, my little master, and my horses are done up already."

And he transferred my things with energetic officiousness.

While they were transferring the things I, following the direction of the wind, which carried me along, as it were, went to the second sledge. The sledge, especially on that side on which the armyak was hung up over the heads of the two drivers, was a quarter covered with snow, but behind the armyak it was quiet and comfortable. The little old man was lying there with his legs stretched wide apart, and the tale-teller was going on with his tale: "At the very time when the general, in the King's name, you know, came, you know, to Mary in the dungeon, at that very time Mary said to him: General, I have no need of you and I cannot love you and, you know, you cannot be my lover, but my lover is the Prince himself.

"At that very time," he was going on, but perceiving me, he was silent for a moment and began to puff away at his pipe.

"What, sir, come to listen to the tale too?" said the other, whom I have called the Counsellor.

"You are having a rare fine time of it," said I. "It passes the time anyhow and prevents one from brooding."

"But tell me, do you know where we are now?"

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Rh This question did not appear to please the drivers.

"Where? Who can make that out? We may be going right away to the Calmucks," answered the Counsellor.

"But what shall we do then?"

"Do? We must go on, and perhaps we shall get through," said he surlily.

"And what if we don't get through, and the horses stop in the snow? What then?"

"What then? Why, nothing."

"We might be frozen."

"It's possible, certainly, for we cannot see any ricks, which means that we're going right into the Calmuck country. The first thing to do is to look at the snow."

"And aren't you at all afraid of being frozen?" asked the old man, with a tremulous voice.

Notwithstanding that he was making merry with me, it was plain that he was all of a tremble to the very last bone.

"Well, it's pretty cold," I said.

"Alas, for you, sir! If you were only like me; no, no, run along, that will make you warm."

"First of all, we ought to show him how to run after the sledge," said the Counsellor.

"Ready if you please," bawled Alec to me from the sledge in front.

The snowstorm was so violent that only with the utmost exertion, bending right forward and grasping

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 52 In order to understand something of the complexity of this process, let us select a specific example. Among marine animals, the oysters are remarkable for the immense numbers of eggs which they produce—the average for the American oyster is probably about 16,000,000. If all the progeny of a single oyster were to live and reproduce, and their progeny were to do likewise, and so on until there were great-great-grandchildren, the total number of oysters that were descendants of the original pair would be about 66,000,000,000,000,000,000,000,000,000,000,000 and their shells would make a mass eight times as great as the earth.

Now it is quite obvious that the earth cannot hold, and cover with water, a mass of oyster shells eight times as great as itself; the oceans, if they were spread evenly over the surface (which they never were, and never can be), would accommodate but a few of the great horde. Neither do those same oceans contain enough food to satisfy, or begin to satisfy, the needs of these theoretical descendants of a single oyster. Clearly, therefore, space and food alone are enough to prevent the undue multiplication of creatures upon the earth.

But there are factors other than space and food which aid in accomplishing the result. There are water conditions, animal enemies such as the starfish, and a host of other means by which the population of oysters is kept down. And even if it were to increase greatly, the numbers of starfish would at the same time increase, and simultaneously set about decreas-


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 Rh ing the numbers of the oysters, which decrease would in turn cut down the numbers of the starfish, and so on. Thus we see that the maximum abundance of an organism is arbitrarily set by the conditions under which that organism lives. It may attain the limit set for it, but beyond that it may go only temporarily. Then the surplus dies from starvation, crowding, animal and plant enemies, and a thousand other of the factors which constantly work in the constant warfare of nature, the never-ending "struggle for existence."

The third factor of Darwinian evolution, that of natural selection, is based upon the other two. Darwin supposed that the individuals of a species, or variety, exhibited variations for two reasons: because it was part of their very nature to do so, and because the conditions of their environment forced them. In the course of this constant change there would, of necessity, be some modifications that were of value to their possessors, while others would appear which were of more or less definite harm. In the course of the struggle for existence, those creatures which possessed helpful variations would naturally possess a certain advantage over those which lacked it or which exhibited variations which were of harmful nature. Thus in a cold, snowy climate, that animal which developed a white coat would be much safer from detection than his companions which might have fur of a dark hue, either in approaching his prey, or in escaping his pursuers. The ultimate outcome of this would be


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Page:TheTreesOfGreatBritainAndIreland vol01.djvu/150

122 peculiar magnesian limestone formation, which decomposes into a red loamy soil, on which yews grow very freely, though they do not attain anything like the size that they do in the south of England. The largest which I measured was only 8 feet in girth. What makes them so picturesque is the way in which their roots spread over the bare rocks, and the mixture of curiously gnarled wych elms which accompany them. All the foot-bridges are here made of yew wood, but it is not cut except for home use, and is not increasing by seed—again, I think, on account of the rabbits.

There is a remarkably fine yew walk at Hatherop Castle, Gloucestershire, the seat of G. Bazley, Esq., which is supposed to be about 300 years old, in which the trees average about 60 feet in height with a girth of 9 to 12 feet.

The yew in Harlington Churchyard, near Hounslow, Middlesex, was considered by Kirchner (loc. cit. 60) to be the tallest yew tree in Europe, viz., 17.4 metres (57 feet). Lowe, page 85, gives the height in 1895 as 80 feet, on the authority of the Rev. E.J. Haddon. Henry saw this yew in October 1895, and measured the height as 50 feet only, and this is correct, within a margin of error of less than 2 feet. This tree is 17 feet 3 inches in girth at the base, where the bole is narrowest; above this it swells and is very gnarled, and at 10 feet up it divides into two great limbs.

A celebrated yew stands in the churchyard at Crowhurst, in Surrey, and has been described by Lowe (p. 201) and figured by Clayton.

Crowhurst, in Sussex, has another great old tree of which much has been written, and which Low figures (p. 38).

One of the finest yews in England is the Darley yew, growing in the churchyard at Darley Dale, Derbyshire. From a work on Derbyshire Churches, by the Rev. J.C. Cox, M.A., which has been sent me by Messrs. Smith, the well-known nurserymen of Darley Dale, I abridge the following particulars of it:—The churchyard is celebrated for what is claimed to be the finest existing yew tree in England, or even in the United Kingdom. Rhodes, writing of it in 1817, says that the trunk for about 4 yards from the ground measures upwards of 34 feet in girth; but Lowe gives (p. 207) measurements taken by four different persons between 1836 and 1888, of which the largest is 34 feet 6 inches by Mr. Smith in 1879, and the most recent and exact by Mr. Paget Bowman in 1888, which gives 32 feet 3 inches at 4 feet from the ground. This gentleman cut from it with a trephine nine cylinders of wood on one horizontal line which show 33 to 66 rings per inch of radius, showing an average growth of an inch in 46 years. There is a cavity in the tree about half-way up one of the trunks which will hold seven or eight men standing upright. At the ground the girth is 27 feet, and at this point no increase has taken place for 52 years. The height is not given, but a photograph by Mr. Statham shows it as about 50 feet.

I have chosen the tree at Tisbury for illustration as a specimen of the churchyard yew, for though figured by Lowe, his plate gives a poor idea of its symmetry, and it is one of the largest healthy yews in England. Though difficult to measure on account of the young spray which its trunk throws out, I made it in 1903 to be


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 54 that the white animal would populate the region, while his colored brethren would soon become extinct. The same principle, Darwin thought, applied to mental advantages; the more skillful mind triumphed over the less; the quick-witted animal lived at the expense of the clumsy-witted one. Throughout the earth, those animals most capable of living lived, brought forth young, and thus perpetuated their capabilities, both mental and physical. This process quite plainly helped in the development of man, and in his progress, but singularly enough, within this ranks today it does not operate. Great mental capacity is not today the most important survival factor among humanity. As the archeologist Keith has pointed out a great philosopher or artist may lead a life of misery, want, and despair, and leave no descendants, while a thoughtless, happy Burman will live out his days believing that the earth is flat and Buddha an all-powerful god, but will leave behind him a large and rapidly multiplying family.

During the years just prior to the appearance of the "Origin," Darwin had an almost complete confidence in the power of natural selection to account for all the phenomena of evolution. Even in the year when that work appeared, he wrote Lyell: "Grant a simple archetypal creature, like the Mud-fish or Lepidosiren, with five senses and some vestige of mind, and I believe Natural Selection will account for the production of every vertebrate animal." In publication, however, he was more


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124 which is said to be 350 years old. There is a very high one of semicircular form enclosing the approach to the front door of Earl Bathurst's house at Cirencester.

Others' occur at Pewsey in Wiltshire, Melbourne in Derbyshire, Holme Lacy near Hereford, Hadham in Hertford, Albury Park near Guildford, etc.

An interesting account of the use of yew in topiary work is given by Kent, who gives two illustrations of the remarkable effects produced by this art at Elvaston Castle. Leven's Hall, Westmoreland, is also noted for the extraordinary forms into which the yew has been forced to grow. In a recent work by Elgood and Jekyll pictures are given of several remarkable effects produced by the yew, notably the Yew Alley at Rockingham, the Yew Walk at Crathes, and the Yew Arbour at Lyde.

There are some remarkable clipped yews in the garden at Gwydyr Castle, in the valley of the Conway, a beautiful old place now belonging to Lord Carrington, which have been the subject of careful attention from Mr. Evans, the gardener, for forty years. The largest is in the form of an immense round -topped mushroom, 36 yards round and about 36 feet high, with a perfectly smooth, close, regular surface. In the west garden at the same place there is a double row of yews, eleven on each side, of the same form, but very much smaller.

Since foreign timber has almost entirely superseded home-grown wood, the remarkable qualities of this most durable and beautiful timber have been almost forgotten, though, if we may believe what Evelyn, Loudon, Walker, and other old authors tell us, it was formerly highly valued, not only for bow-making, but for all purposes where strength and durability, when exposed to wet, were required.

At the present time, though I have made many inquiries, I cannot find a cabinetmaker in London who knows or uses the wood; it is rarely to be found in timber yards, and I was told by one of the principal timber merchants in York that I was, in his forty years' experience, the first person who had ever asked for it. It has little or no selling value, and may be bought occasionally for about half the price of oak.

In various old houses, however, examples may be found of its use for furniture, panelling, and inlaying, which show what the wood is worth, when well selected and thoroughly seasoned, to people who do not mind a little trouble.

Evelyn says that for posts to be set in the ground and for everlasting axle-trees there is none to be compared to it, and that cabinetmakers and inlayers most gladly employ it.

Loudon quotes Varennes de Feuilles, who states that the wood, before it has been seasoned and when cut into veneers and immersed some months in pond water, will take a purple-violet colour.


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126 are even now so valuable that they are cut into veneer, and I have a magnificent specimen of such in a sheet 8 feet long by 18 to 20 inches wide which has been mounted for me as a table by Messrs. Marsh, Cribb, and Co. of Leeds.

The reason why it is neglected for all these purposes is apparently as follows:—The tree is usually grown in the form of a bush, and does not often become tall and straight enough to form clean timber. It is not usually planted close enough to become drawn up into clean poles, and is rarely felled except when in the way, or when it has become decayed and unsightly.

No tree is so deceptive in appearance as an old yew tree. Not only is it usually full of holes and shakes, but the heartwood is generally more or less unsound when over a foot in diameter. Some defects are usually present in an old yew tree, and even when clean and sound, the heartwood is not so good in colour as the younger wood or the slabs; and as the bark grows over and covers all these defects it is generally impossible to say how much, if any, of the timber of a large yew will be useful until it is sawn through the middle.

It seems to be soundest and best in colour when of moderate age and not over 12 to 18 inches in diameter, though the slabs from old trees of which the heartwood is pale, shaky, or faulty often show the finest and most twisted grain. (H.J.E.)


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Page:Carroll Lane Fenton - A History of Evolution (1922).djvu/58

 Rh cautious, saying, "I am convinced that Natural Selection has been the main, but not the exclusive means of modification."

From his extreme position on the effective ability of natural selection to seize upon a variation and so foster it that a new species would appear, Darwin slowly but not unwillingly receded. Ten years after the first publication of the Darwinian theory, he admitted that variations might not have been so supremely important as he supposed; in 1878 he believed in the direct action of environment in producing variations, as did Buffon; in 1880 he adopted Lamarck's theory of the use and disuse of parts. In 1881, in the "Descent of Man," Darwin lays much stress upon sexual selection, the idea that members of one sex rendered themselves particularly attractive in order to capture the attentions of their would-be mates. This, however, is really a subdivision of the natural selection idea—in the general reliability of which the famous evolutionist still believed.

As we have said, in the estimate of Darwin's general environment, the world of the middle nineteenth century did not welcome the new prophet of natural law in the natural world. Many scientists accepted Darwinism, or at least, the principle of evolution, without reserve; others made reservations; most of the


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Page:Poetical works of William Cullen Bryant (IA poeticalworksof00brya).pdf/205

Rh Thine for a space are they— Yet shalt thou yield thy treasures up at last: Thy gates shall yet give way, The bolts shall fall, inexorable Past!

All that of good and fair Has gone into thy womb from earliest time, Shall then come forth to wear The glory and the beauty of its prime.

They have not perished—no! Kind words, remembered voices once so sweet, Smiles, radiant long ago, And features, the great soul's apparent seat.

All shall come back; each tie Of pure affection shall be knit again; Alone shall Evil die, And Sorrow dwell a prisoner in thy reign.

And then shall I behold Him, by whose kind paternal side I sprung, And her, who, still and cold, Fills the next grave—the beautiful and young.


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Page:Dante and the early astronomers (1913).djvu/31

The stars appear to us like points of light, differing greatly in brightness, and scattered very irregularly over the dome above us. All are moving, some much more quickly than others, yet a little attention shows that they do not change their relative positions, and therefore that all must share in one connected movement. If, for instance, any one group be singled out, and looked for again some hours later, it will be evident that it has moved considerably as a whole, yet the stars composing it have kept the same places with regard to one another.

Careful and prolonged observations prove that to observers in the northern hemisphere one star has hardly any perceptible movement, that those nearest to it sweep round it in small circles, and those further away in larger and larger circles, parts of which are hidden below the horizon. All these circlings are performed in the same time, and therefore the stars near the stationary point move more slowly in their small circles than those further away.

All this is precisely what we should see if the sky were a great hollow sphere, turning about the earth on an axis which runs close to the almost stationary star—known therefore as the Pole Star. The direction is from east to west, and a complete revolution is made in a day and night.


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Page:Carroll Lane Fenton - A History of Evolution (1922).djvu/59

 56 "intelligentsia" declared it to be without the slightest element of truth. The public in general, and especially the church, clung to the old, valueless doctrine of a multitude of special creations by an omnipotent deity, apparently forgetting that the greatest of the church fathers, Aquinas and Augustine, had been prominent evolutionists in their day. There arose about Darwin's theories a storm of argument that lasted for many years, and involved scientists, theologians, philosophers, and laymen thorughoutthroughout [sic] the world.

Darwin, although an excellent and self-confident scientist, was modest, retiring, and greatly hampered by ill-health contracted during his "Beagle" voyage. He was forced to leave the work of publicly defending his theories to other men, the most noted of whom was Thomas Henry Huxley, the "Bull dog of Evolution." Huxley was an accomplished scientist, a powerful speaker, and one of the finest of European writers of science for the every-day man. He wrote, taught, and lectured in defense of the evolution theory; after a long, hard day at the university, he would spend the evening lecturing before crowds of workingmen from London's factories, telling them how one species came from another, and how a single-celled creature developed into a complex animal with hundreds of millions of cells in its body, at the same time reconstructing during its growth the entire evolutionary history of its kind. It was largely because of the lectures and magazine articles of this tireless scientist, who believed in the truth of


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128

A tall tree, attaining in Japan a height of 150 feet or more, and a girth of 20 to 25 feet, the trunk tapering from a broad base. Bark reddish brown, and peeling off in long, ribbon-like shreds. Leaves persistent for 4 or 5 years, arranged spirally on the shoots in five ranks, curving inwards and directed forwards, awl-shaped, tapering to a point, compressed laterally, keeled on front and back, bearing stomata on both sides, with the base decurrent on the branchlet to the insertion of the next leaf The buds are minute, and composed of three minute leaves, which are free at the base, and not decurrent.

The male flowers are clustered at the ends of the branchlets in false racemes, the leaves in the axils of which they arise being reduced in size, and fulfilling the function of bracts. They appear on the tree in autumn and shed their pollen in early spring, remaining for some time afterwards in a withered state.

The buds of the female flowers are also to be seen in autumn terminating some of the branchlets, and covered externally with small, awl-shaped leaves.

The shoot is frequently continued in the leafy state throughout the cone ("proliferation"), and the extended portion often grows to several inches in length beyond the cone, and even in some cases bears male catkins.

Woody excrescences of a conical shape often develop on the stem, to which they are loosely connected. They correspond to the "wood-balls" which are found on beeches and cedars, and like these are due to abnormal development of dormant buds.

Seedling: the cotyledons, which are generally 3 in number, the occurrence of 2 only being rare, are carried above ground by an erect caulicle, about ½ inch long, ending below in a primary root, which is reddish, flexuous, and about 3 inches long, giving off a few lateral fibres. The cotyledons are linear, flattened, obtuse, and about ¼ inch long; two, narrowed at the base, are prolonged on the caulicle as ribs; the other, sessile on a broad base, is not decurrent; all bear stomata on their upper surface. The first leaves on the stem are in a whorl of 3, similar in shape to the cotyledons, but longer and with slightly decurrent bases. The leaves following are inserted spirally on the stem, and are longer, sharper-pointed, and more decurrent. All are spreading, with stomata and a prominent median nerve on their lower surface. The stem, roughened by the leaf-bases, terminates above in a cluster of 5 to 6 leaves, crowded at their insertion and directed upwards.


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 We can plot the stars on a globe, and draw an equator on it, which will everywhere be at an equal distance from the poles, and we may add other circles, as on a terrestrial globe: then the position of each star can be referred to these circles as towns on earth are found by latitude and longitude, and the path of any moving body, such as a comet, may be traced.

The stars fade out when the sun rises, but he too sweeps across the sky as though carried round by the same sphere, and he sets like them, in the west. Has he a fixed place on the sphere, keeping always the same position relatively to the stars? No, for in the place where he has just set we do not always see the same stars. Night after night those which were clear in the western sky as soon as it was dark enough to see them, grow closer to him, till at last they are lost in his twilight beams. Thus the sun, though sharing in the daily east to west movement, has a slow movement of his own on the sky-sphere, slipping back from west to east, until in a year he has accomplished the whole round, and sets again among the same stars.

Moreover, this peculiar movement of the sun is not a mere lagging behind the stars, for his west to east motion is combined with a north and south motion. If we note the star-groups which are just behind him when he sets (or just before him when he rises), we shall find that they form a great circle round the globe, half of which lies north and half south of the celestial equator. The Greeks named this circle the Zodiac, or "Path of the Animals," because the star-groups forming it were mostly called by the names of animals (the Ram, Lion, Fishes, etc.). When the sun is in the most northerly part of the zodiac it is summer in the


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130 6. Var spiralis. —A slender shrub, with leaves strongly falcate and twisted spirally by their free ends around the branchlets, which assume in consequence a corkscrew-like appearance. A specimen of this at Kew also bears some branchlets with normal leaves.

7. Var. dacrydioides. —Leaves very closely set and very short (about ¼ inch long) There is a specimen at Kew of this form, gathered by Maries and said to be wild. It is probably a depauperate form, originating in rocky, barren, exposed ground.

8. Var. nana. —A dwarf, procumbent, dense, spreading shrub, with short acicular needles, closely set on the rigid branchlets and directed outwards. This form attains only 3 or 4 feet in height, and very often bears monstrous fasciated twigs.

9. Some slightly variegated forms of Cryptomeria have appeared in cultivation; in one the tips of the branchlets are whitish; in another the leaves are yellowish in colour.

10. Var. elegans, Masters, ''Jour. Linn. Soc. (Bot.'') xviii. 497 (1881); Cryptomeria elegans, Veitch, ex Henkel und Hochstetter, Synopsis der Nadelhölzer, 269 (1865).—A fixed seedling form. The juvenile foliage is retained throughout the life of the tree, which bears the same relation to the type as Retinospora squarrosa does to Cupressus pisifera. It agrees in cones and in the anatomical structure of the leaves with the typical form.

In habit this is rather a large bush than a tree. The leaves, while spirally arranged on the shoot as in the ordinary form, spread outwards and are not directed upwards. They are decurrent on the branchlets, linear, flattened, curving downwards, sharppointed, grooved on the middle on both surfaces, and are light green in colour, changing in late autumn and winter to a reddish bronze colour, which gives the tree a remarkable and handsome appearance. There is a dwarf form of this variety, Cryptomeria elegans nana, which is a low, dense bush with crowded leaves, changing in colour in the autumn like the ordinary variety, except that the pendulous tips of the branchlets remain green.

The origin of this remarkable form is obscure. In Japan, according to Siebold, it is known as to-sugi, i.e. "Chinese Cryptomeria," and is said to have been introduced from China. Kaempfer mentions a nankin-sugi, introduced into Japan from China, cultivated on account of its beauty, which is possibly this variety.

Cryptomeria elegans was introduced from Japan to England in 1861 by John Gould Veitch. The largest specimen we know occurs at Fota; it is 42 feet high by 4 feet 9 inches in girth. In Cornwall this variety grows to a great size, the tops of the trees often bending down under the weight of their branches and foliage; and the outer lower branches commonly take root and grow into independent trees, which form a colony round the parent stem.

At Tregothnan there is a very fine example (Plate 37) which measures 35 feet by 4 feet 6 inches, and at Killerton there is another almost equal in size. In the


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 Rh evolution, and enjoyed the task of fighting for his beliefs, that Darwin achieved so early an almost complete victory over the scientists who opposed him. Of course, the triumph was not all-embracing; there are still a few people who follow the natural sciences and yet refuse to believe that one species can arise, either by natural selection or by some other means, from another species without the interference of a deity. And the public at large, particularly that portion of it which lives far away from museums, zoological gardens, and centers where illustrated talks on natural science are regularly given, still believes in the theory of special creation. But that belief neither signifies defeat for Darwin and his followers, nor casts doubt upon the essential truth of their ideas; it simply means that he theory of evolution is still relatively young, and that popular education is in its infancy.

The period between 1860 and 1900 was occupied largely by elaborations of the Darwinian conception of evolution, and arguments as to whether or not organic descent was a fact. In those four decades there were many famous workers—Alfred Russell Wallace, co-discoverer with Darwin of the theory of selection; Weismann and Haeckel, Germany's


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xii


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Page:Adam's reports on vernacular education in Bengal and Behar, submitted to Government in 1835, 1836 and 1838.djvu/29

Rh “Before a prisoner can pass the first examination, he must be able—

.—To read the Surajpur kahani, (a Village Tale). .—To repeat the Multiplication Table up to 16 × 16. .—To repeat the Multiplication of Fractions up to 6 × 25.

“The requirements for the second examination are—

.—Repetition of the former examination. .—Arithmetic, including Simple and Compound Addition, Subtraction, Multiplication and Division, Calculations for rates, Commission and Simple Interest—(No. II. of Rai Ram Surn Das’ Series, being the text book). .—The Patra Malika, or Letter Writer. .—The Kisam Opdesh; being a brief explanation of the Revenue System and Village Accounts. .—The Shudhi-Darpan, a popular Treatise on Hygiene, explaining the advantages of cleanliness, method and order. .—The Khagol-Sar, a brief Treatise on Astronomy.

“The subject of the third examination is the Mensuration of fields, as contained in Part III. of Rai Ram Surn Das’ Series.

“The subject of the fourth examination is the details of Patwari accounts, as contained in Part IV. of Rai Ram Surn Das’ Series.

“The subjects for the fifth examination are—

.—Arithmetic, including Simple aiad Compound Proportion, as contained in Parts I. and II. of the Ganit Prakash. .—The Gyan Chalish Biburn, being forty moral maxims in verse with explanations and deductions. .—The Gunkari-updesh-ka Sankshep or select moral maxims from the best sources.

“The subjects for the sixth examination are—

.—Fractious as contained in Part II. of the Ganit Prakash. .—Geography.”

Dr. Mouat, Secretary to the Calcutta Council of Education, who saw the system in operation in the Jail, remarks respecting it:—

“The old, the middle-aged, and the young, the murderer confined for life, and the perpetrator of petty larceny, paying the penalty of his offence by a few days or weeks of imprisonment, men and women, have all been subjected to the ordeal. Many who were unacquainted with the alphabet, and to whom the powers of letters in combination had been an unknown mystery, until advancing age had left them scarcely enough of unaided sight to trace the letters on the board, have been taught to spell, read, connect sentences, and write. The greatest amount of general proficiency which has been attained is in the use of figures, and multiplying them to an extent quite unknown to our English system of arithmetic. At all times and in all places is the sound of many voices heard following a leader in the multiplication of odd, even, and fractional numbers. At its appointed time it pervaded every department of the prison, which then resembled a vast, animated, calculating machine. As a means of prison discipline, it appears to me to be impossible to over-rate the value and advantages of this system. It leaves the vicious and ill-disposed no time


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Page:Adam's reports on vernacular education in Bengal and Behar, submitted to Government in 1835, 1836 and 1838.djvu/54

40 Sir J. Grant’s plan in 1861 of giving rewards to old gurus has been modified; the gurus are selected now by the villagers and sent to the Normal Schools; after receiving certificates they go back to their villages and are paid by fixed salaries, subject to reduction in case of their pupils not progressing. The people choose their own gurus; last year the Government paid 25,000 rupees in stipends, the people paying 31,000 rupees. These schools are supplied with maps made by their own gurus; each guru after receiving his certificate remains a fortnight at the normal school to draw the maps of Asia, India, Bengal, and the World.

In 1863 a plan had been begun of establishing three Normal Training Schools to provide village school-masters for their zillahs; the opening of patshalas under the teachers trained in these schools commenced at the beginning of 1864, and the beginning of 1868 has provided for the system 1,125 patshalas and 33,831 pupils.

The statistics of Government vernacular education up to March 1867 in Bengal exhibit the following:—

There are 23 Government normal vernacular schools having 1,224 students on the rolls, and 3 private normal schools under inspection containing 129 pupils.

Such is what has been done, among the things which remain to be done the following deserve consideration:

As one way of meeting the objection that if a boy goes to school he is not fit for the plough, some knowledge of agricultural instruction ought to be communicated in a popular way through class books which ought to be read in schools, and prizes ought to be awarded for proficiency in them; this is done with success in Ireland; peasant boys exhibiting a taste for the study might be sent to an institution which is greatly needed for training gardeners and agriculturists; at present enormous sums of money are wasted in importing valuable plants which the present race of gardeners do not know how to train up.


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Wikisource:WikiProject Film/Drafts/Archives/The Wedding March (1928 film)

User: M-le-mot-dit

File: The Wedding March (1928) Restored Synchronized Sound.ia.webm

Author: Erich von Stroheim

Publisher: Paramount Pictures

Year: 1928

PD: PD/US|1980|film=yes

Note: A 1928 American synchronized sound romantic drama film written and directed by Erich von Stroheim. While the film has no audible dialog, it was released with a synchronized musical score with sound effects. Selected for preservation in the National Film Registry by the United States Library of Congress.

Cat: Drama film

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Page:Manual of the New Zealand Flora.djvu/602

562

Herbs or shrubs. Leaves generally opposite or whorled, simple, entire or toothed; stipules wanting. Flowers usually irregular, hermaphrodite, in axillary or terminal racemes or cymes, or solitary. Calyx inferior or semi-superior, 5-partite; segments valvate. Corolla gamopetalous, usually irregular; tube long or short; limb more or less oblique, lobes 4–5, imbricate. Stamens 2 or 4, inserted on the tube of the corolla; anthers 2-celled. Ovary superior or more rarely inferior, 1-celled; style linear; stigma capitate or 2-lobed; ovules many, anatropous, on two opposite entire or bifid parietal placentas. Fruit capsular or berried, dehiscent or indehiscent. Seeds numerous, small; albumen present or absent; embryo straight.

A much-branched shrub; branches spreading, scabrid-pubescent. Leaves opposite. Flowers solitary, axillary. Calyx free, deeply 5-fid; lobes lanceolate, acuminate. Corolla-tube sub-campanulate; limb obscurely 2-lipped; lobes 5, rounded, spreading, nearly equal. Stamens 4 with the rudiment of a fifth, inserted on the corolla-tube below the middle; filaments long, linear, arched; anthers cohering at the apex in a cruciate manner; cells distinct, parallel. Disc small, obscure, annular. Ovary superior, ovoid; style filiform; stigma 2-lobed; ovules numerous, on thick and prominent 2-lobed placentas. Capsule ovoid, acuminate, coriaceous, 2-valved; valves 2-fid, separating from the placentas. Seeds numerous, minute, ovoid.

1. R. Solandri, A. Cunn. Precur. n. 385.—Slender, much branched, 2–5 ft. high; branches opposite, terete, everywhere rough with short stiff greyish pubescence. Leaves on slender petioles; blade variable in size, usually ½–1 in. long, but sometimes over 2 in., broadly ovate or orbicular, coarsely toothed, both surfaces rough with short scabrid hairs, dull-green. Flowers handsome, ¾–1 in. long, orange with red stripes; peduncles slender, ½–1½ in. long. Capsule ¼–⅓ in. long, included within the persistent calyx.—Raoul, Choix, 44; ''Hook. f. Fl. Nov. Zel. i. 186; Handb. N.Z. Fl. 221; C. B. Clarke in D.C. Monog. Phan.'' v. 166, t. 17. E. scabrosus, ''Steud. Nom.'' ed 2, ii. 44-3. Columnea scabrosa, ''Sol. ex D.C. Prodr.'' ix. 277.


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Rh eral attention of the public by a short poem written in 1839, in the memory of Frederik VI, soon after the death of the king, and which he expressed in a simple and impressive manner the sorrows of the whole people. Much popularity was also attained by his cycle of romances, "Den lille Hornblæser" (The little trumpeter), which in a plain and direct manner presents episodes from the war of 1848-50. In addition to a number of poems and sympathetic pictures from the south, he has also written a series of tales in verse, "Fra min Ungdom" (From my Youth).

Among less important names the following are yet to be mentioned: (1798-1873), who gained much reputation as a writer of plays. They have this in common with the plays of Herz—to which they are not, however, equal—that they are based on the national dramatic foundation laid by Heiberg in his vaudevilles. His great work, "Den danske Skueplads; dens Historie fra de förste Spor af danske Skuespil indtil vor Tid" (The Danish Theater and its history from the earliest traces of Danish plays down to our time), is a production of great value. (1791-1853) is mainly known as the author of dramas, among which are "Juta" and "William Shakespeare," but he also wrote very charming, both secular and sacred, songs. (1795-1874) wrote a detailed and valuable life of Thorwaldsen and edited important collections of Danish popular legends. Two works in which he gives an account of his own life, "Erindringer fra Bakhehuset," that is, Rahbek's dwelling, and "Af mit Livs Aarböger," contain important contributions to the history of the culture of his time. His dramatic and lyric works are, however, of but slight value. Of the many works of the talented poet Franz Johannes Hansen (1810-52) the novel "Let Sind og Letsind" (A light mind and lightmindedness) is the most successful. During the fourth decade of the century (born 1813) wrote under the pseudonym Jean Pierre several theological and philosophical dissertations and


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132 the island of Chusan, off the coast of Chekiang. His specimens, three in number, are preserved in the British Museum, and a branch with cones was figured both by Petiver and Plukenet. A few years previously, probably in 1692, it had been found in Japan by Kaempfer, whose specimen also is kept in the British Museum; and Thunberg obtained specimens in Japan, the material on which Don founded his description of the genus. It was collected in China at different times by Sonnerat, Millett, and Sir Everard Home; but we owe to Fortune the only account of importance of the tree in the wild state in China.

Fortune saw the tree for the first time in the plain of Shanghai in 1843, where it is planted in cemeteries and temple-grounds, and grows to a great size, the poles which are set up in front of temples and mandarins' offices being often of Cryptomeria. In 1844 he found it growing wild in the mountains south-west of Ningpo, where it forms dense woods with Cunninghamia and other trees. It is met with in the Chekiang mountains even at high elevations—the finest specimens seen by Fortune occurring in the Bohea hills, which he crossed in 1849. He was particularly struck with a fine solitary tree, at least 120 feet in height, which stood near the gate in the pass of the high range which separates the Chekiang and the Fukien provinces. At Ningpo the junks are mostly built of the timber of this tree.

Cryptomeria was also collected by Swinhoe in the country inland from Amoy, and by Pere David in the interior of Fukien, where, he says, it is a beautiful tree, becoming rare in the wild state, but existing still in the mountains at moderate elevations.

Specimens have been collected in other parts of China, but always, I believe, from planted trees. In Yunnan I only met with two trees, one (18 feet in girth) near a temple, and the other near a village. Cryptomeria apparently only occurs wild in China in the mountains of the Chekiang and Fokien provinces, between 25° and 29° N. lat., but may be found elsewhere when the interior of the country is better explored. In its native home in China the tree is subject to severe cold in winter, but the spring arrives suddenly with no late frosts, and the summer is much warmer than in England. In China the tree is called kuan-yin-sha ("goddess of mercy fir") in Yunnan, kung-ch'io-sung ("peacock-pine") in Szechuan, and sha ("fir") simply in Chekiang, where it shares the name with Cunninghamia, the timber of both trees being much used in the construction of houses and boats.

Both from an ornamental and economic point of view this is the most important