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 20 – 2–15

My dear Bailey:

I saw today, for the first time that you had been awarded the MacGregor medal: I fear the news is ancient history – but I would add my belated congratulations.

Your mother told my wife you had escaped the recall to India and were training cavalry men in Dublin: I hope you may all get out here soon, and that there may be work for cavalry – instead of this interminable trench warfare. I joined this lot early in November last – and we have been at it all the time – total losses to date 22 officers and 350 men, including wounded and sick. Reinforcements are the difficulty, and we have been drawing on Assam and Burma 7th P. Battalions for the last two drafts. There don’t seem to be enough troops for a real push through – and everybody looks toward K’s new army, of which, I suppose, you are a part.

These, arrived recently, are also Nicolay and Dallas Smith, whom you probably remember on the Dibang. I like them both. They are workmen. Dundas’ brother in the 6th Jats, got pipped through the deltoid in December – nobody thought it was

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going to be anything – but it has since incapacitated his arm through damaging a nerve: I saw a good deal of him at one time and he did very well – mentioned in dispatches etc. He is very like his brother to look at and to deal with.

We are out of the trenches for the moment – but go in again the day after tomorrow. Nowadays, the water is too deep in the original deep sunk trenches for anyone to occupy them – so we occupy built-up parapets above ground level: they are conspicuous, but dry – for which one is thankful. The men stand the cold and wet and exposure very well indeed – better than the plains folk – though the latter, too, are unexpectedly good at it. The French have sent their colonial troops to Africa for the winter – where they are apparently doing nothing. The French infantry isn’t up to much – but their guns, field guns, are remarkable. I know nothing of their cavalry. One never sees it.

Write to this address and tell me all your news: also when you expect to get out – I hope we meet.

 * Yours sincerely.
 * Leonard Bethell

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Envelope addressed to. Captain F.M.Bailey, I.A.


text: The Czechoslovak Review/Volume 3/The Work of Our Women

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Letter 2, 27th September 1915 c/o Thos. Cook and son Ludgate Circus London, E.C. England (please forward).

Forwarded to The Shelbourne Hotel Dublin.

Various post marks 23rd FEB 15. Stamped in red “Passed by no 1683 censor” Oddly, no postage stamp.

================================================================================

Letter 2, 27th September 1915

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 * Headed with a red ‘War Office’ seal, with UK government coat of arms

Room, 351, 27–9–15, 5.30 p.m.

My dear Bailey

I’ve made enquiries about your R.F.C. idea. It will not be easy for you: the difficulty is as follows: –
 * A) a necessary preliminary to any such appointment would be a written
 * statement by the India Office – or, in your case, by the Foreign Office, that
 * they will dispense with your services for the rest of the war.
 * B) If you get this, then the rest should be comparatively easy – that would
 * probably depend on an application on your behalf by the O.C. of some place
 * like Hendon – the latter would be able to tell you if they have any age limit
 * beyond which they will not take people.

The apparent red-tape of the clause a) above is more sensible than it seems. The India Office reserve the right of resuming disposal of the services of any


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 CONTENTS.


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 CONTENTS.


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 Notes on Malay Indoor Games.

While reading Dr. C. Snouck Hurgronje's book, 'The Achehnese' (the late Mr. O'Sullivan's translation), I came across some notes on a game called 'main pacheh,' and on enquiring I found that the game is well known among Penang Malays. The board used, however, and the scoring are so different as to be worthy of record.

I attach diagrams and short notes in order to point the con- trast.

This game can be played by 2, 3, or 4 persons, each player sitting at one extremity of the cross-shaped board, (see Diagram 1).

Each player has four pieces which at the commencement of the game he places in the central circle i.e. opposite A, B, C, D, respectively.

The idea of the game is similar to our children's race-games, all the pieces having to career round the board, and the player all of whose pieces reach home first wins the game. [The course to be taken by one of C's pieces is dotted in the diagram].

The players throw by turn with seven cowrie shells, which must fall with the opening either upward or downward, and score as follows:—

 * Secures an extra throw.

After each throw a player moves any one of his pieces (at his own selection) over a number of squares equal to the number of his throw.

A great point of the game is to try and 'pukul' an opponent i.e. to reach a square on which an opponent is already standing, in which case the opponent's piece has to go back to the starting point.

The only squares on which two or more pieces are allowed to stand at one and the same time are those marked X. On such squares no penalties are incurred by any piece.

[Note.—I find that the game is too slow, and to brighten things up a bit we use 8 shells, score as above, with the addition of


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This game can be played by 2, 3, or 4 persons, each player sitting at one of the four points A, B, C, D (see diagram 2).

Each player has four pieces which at the commencement of the game he places in the crossed square facing his position: these four squares opposite A, B, C, D, are the respective starting points.

The course to be taken by one of B's pieces is dotted in the diagram. It seems rather confusing in its twists and turns, but the Malays do not seem to find it so.

The players throw by turn with four cowrie shells and score as follows:—

 * Secures an extra throw.

The method of procedure is exactly the same as in the Achehnese variety, a square marked (X) has the same meaning, and a piece which is caught (pukul) must go back to its starting point.

[Note.—I find that this game also is tedious, and hasten things by introducing 5 shells, scoring as before with the addition of


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Diag. II. The dotted line shows the course traversed by one of B's pieces.


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 lips, indifferent red; item, two grey eyes, with lids to them; one neck; one chin; and so forth. Were you sent here to praise me?" Viola replied: "I see what you are: you are too proud, but you are fair. My lord and master loves you. O such a love could but be recompensed, though you were crowned the queen of beauty: for Orsino loves you with adoration and with tears, with groans that thunder love, and sighs of fire."—"Your lord," said Olivia, "knows well my mind. I cannot love him; yet I doubt not he is virtuous; I know him to be noble and of high estate, of fresh and spotless youth. All voices proclaim him learned, courteous, and valiant; yet I cannot love him, he might have taken his answer long ago."—"If I did love you as my master does," said Viola, "I would make me a willow cabin at your gates, and call upon your name, I would write complaining sonnets on Olivia, and sing them in the dead of the night; your name should sound among the hills, and I would make Echo, the babbling gossip of the air, cry out Olivia. O you should not rest between the elements of earth and air, but you should pity me. "You might do much," said Olivia: "what is your parentage?" Viola replied: "Above my fortunes, yet my state is well. I am a gentleman." Olivia now reluctantly dismissed Viola, saying: "Go to your master, and tell him, I cannot love him. Let him send no more, unless perchance you come again to tell me how he takes it." And Viola departed, bidding the lady farewell by the name of Fair Cruelty. When she was gone, Olivia repeated the words, ''Above my fortunes, yet my state is well. I am a gentleman''. And she said aloud: "I will be sworn he is; his tongue, his face, his limbs, action, and spirit, plainly show he is a gentleman." And then she wished Cesario was the duke; and perceiving the fast hold he had taken on her affec-


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Diag. III.


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Diag. IV.


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This is a type of 'fox-and-geese' or 'main harimau kambing,' which so far as I know has not yet been recorded.

The pattern of board used is represented in diagrams 3 and 4 which show the usual opening move and the 'harimau' beaten respectively.

The game is played by two players, one (A) taking the 'kambing' (24 pieces), while the other (X) representing the 'harimau' has two pieces.

The players move in turn, A commencing. A generally places his first piece as in diagram 3, it being considered worth while to separate the 'harimau' at the sacrifice of a piece.

A is allowed to place his pieces one by one at any of the points. on the board, endeavouring all the time to enclose the two 'harimau' completely.

In order to try and avoid being hemmed in, X is allowed to move either of his pieces any distance he pleases along any of the parallel or diagonal lines passing through that piece's position, provided that none of the intervening spaces are occupied.

e.g. in diagram 3, X may move one of his pieces from P to any one of Q, R, S, T, etc.:—

X is further allowed to take the 'kambing' and this is done exactly as in draughts (English variety, not Malay). The dotted line in diagram 2, shows X ('harimau') capturing A ('kambing'). The 'kambing,' of course, is removed from the board.

If A's 24 pieces are exhausted and the 'harimau' are not hemmed in, then A has lost.

Diagram 4 shows a defeat of the 'harimau.'


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Diag. I.


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 tions, she blamed herself for her sudden love: but the gentle blame which people lay upon their own faults has no deep root; and presently the noble lady Olivia so far forgot the inequality between her fortunes and those of this seeming page, as well as the maidenly reserve which is the chief ornament of a lady's character, that she resolved to court the love of young Cesario, and sent a servant after him with a diamond ring, under the pretence that he had left it with her as a present from Orsino. She hoped by thus artfully making Cesario a present of the ring, she should give him some intimation of her design; and truly it did make Viola suspect; for knowing that Orsino had sent no ring by her, she began to recollect that Olivia's looks and manner were expressive of admiration, and she presently guessed her master's mistress had fallen in love with her. "Alas," said she, "the poor lady might as well love a dream. Disguise I see is wicked, for it has caused Olivia to breathe as fruitless sighs for me as I do for Orsino."

Viola returned to Orsino's palace, and related to her lord the ill success of the negotiation, repeating the command of Olivia, that the duke should trouble her no more. Yet still the duke persisted in hoping that the gentle Cesario would in time be able to persuade her to show some pity, and therefore he bade him he should go to her again the next day. In the meantime, to pass away the tedious interval, he commanded a song which he loved to be sung; and he said: "My good Cesario, when I heard that song last night, methought it did relieve my passion much. Mark it, Cesario, it is old and plain. The spinsters and the knitters when they sit in the sun, and the young maids that weave their thread with bone, chant this song. It is silly, yet I love it, for it tells of the innocence of love in the old times."


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Viola did not fail to mark the words of the old song, which in such true simplicity described the pangs of unrequited love, and she bore testimony in her countenance of feeling what the song expressed. Her sad looks were observed by Orsino, who said to her: "My life upon it, Cesario, though you are so young, your eye has looked upon some face that it loves: has it not, boy?"—"A little, with your leave," replied Viola. "And what kind of woman, and of what age is she?" said Orsino. "Of your age and of your complexion, my lord," said Viola; which made the duke smile to hear this fair young boy loved a woman so much older than himself, and of a man's dark complexion; but Viola secretly meant Orsino, and not a woman like him.

When Viola made her second visit to Olivia, she found no difficulty in gaining access to her. Servants soon discover when their ladies delight to converse with handsome young messengers; and the instant Viola arrived, the gates were thrown wide open, and the duke's page was shown into Olivia's apartment with great respect; and when Viola told Olivia that she was come once more to plead in her lord's behalf, this lady said: "I desired you never to speak of him again; but if you would undertake another suit, I had rather hear you solicit,


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260 the bed suddenly swung into rest, almost stable. Ir a few minutes he was sound asleep.

He cut chapel and his two classes the next morn ing, one at nine and the other at ten o’clock; in fact it was nearly eleven when he awoke. His heac was splitting with pain, his tongue was furry, anc his mouth tasted like bilge-water. He made wn faces, passed his thick tongue around his dry moutl —oh, so damnably dry!—and pressed the palms o his hands to his pounding temples. He craved ; drink of cold water, but he was afraid to get out o bed. He felt pathetically weak and dizzy.

Norry walked into the room and stood quieth looking at him.

“Get me a drink, Norry, please,” Hugh begged “I’m parched.” He rolled over. “Ouch! God how my head aches!”

Norry brought him the drink, but nothing les than three glasses even began to satisfy Hugh Then, still saying nothing, Norry put a cold com press on Hugh’s hot forehead. “Thanks, Norry old man. That’s awfully dam good of you.”

Norry walked out of the room, and Hugh quick! fell into a light sleep. An hour later he woke up quite unaware of the fact that Norry had changei the cold compress three times. The nap had re freshed him. He still felt weak and faint; but hi


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 than music from the spheres." This was pretty plain speaking, but Olivia soon explained herself still more plainly, and openly confessed her love; and when she saw displeasure with perplexity expressed in Viola's face, she said: "O what a deal of scorn looks beautiful in the contempt and anger of his lip! Cesario, by the roses of the spring, by maidhood, honour, and by truth, I love you so, that, in spite of your pride, I have neither wit nor reason to conceal my passion." But in vain the lady wooed; Viola hastened from her presence, threatening never more to come to plead Orsino's love; and all the reply she made to Olivia's fond solicitation was, a declaration of a resolution Never to love any woman.

No sooner had Viola left the lady than a claim was made upon her valour. A gentleman, a rejected suitor of Olivia, who had learned how that lady had favoured the duke's messenger, challenged him to fight a duel. What should poor Viola do, who, though she carried a manlike outside, had a true woman's heart, and feared to look on her own sword?

When she saw her formidable rival advancing towards her with his sword drawn, she began to think of confessing that she was a woman; but she was relieved at once from her terror, and the shame of such a discovery, by a stranger that was passing by, who made up to them, and as if he had been long known to her, and were her dearest friend, said to her opponent: "If this young gentleman has done offence, I will take the fault on me; and if you offend him, I will for his sake defy you." Before Viola had time to thank him for his protection, or to inquire the reason of his kind interference, her new friend met with an enemy where his bravery was of no use to him; for the officers of justice coming up


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 in that instant, apprehended the stranger in the duke's name, to answer for an offence he had committed some years before: and he said to Viola: "This comes with seeking you": and then he asked her for a purse, saying: "Now my necessity makes me ask for my purse, and it grieves me much more for what I cannot do for you, than for what befalls myself. You stand amazed, but be of comfort." His words did indeed amaze Viola, and she protested she knew him not, nor had ever received a purse from him; but for the kindness he had just shown her, she offered him a small sum of money, being nearly the whole she possessed. And now the stranger spoke severe things, charging her with ingratitude and unkindness. He said: "This youth, whom you see here, I snatched from the jaws of death and for his sake alone I came to Illyria, and have fallen into this danger." But the officers cared little for hearkening to the complaints of their prisoner, and they hurried him off, saying: "What is that to us?" And as he was carried away, he called Viola by the name of Sebastian, reproaching the supposed Sebastian for disowning his friend, as long as he was within hearing. When Viola heard herself called Sebastian, though the stranger was taken away too hastily for her to ask an explanation, she conjectured that this seeming mystery might arise from her being mistaken for her brother; and she began to cherish hopes that it was her brother whose life this man said he had preserved. And so indeed it was. The stranger, whose name was Antonio, was a sea-captain. He had taken Sebastian up into his ship, when, almost exhausted with fatigue, he was floating on the mast to which he had fastened himself in the storm. Antonio conceived such a friendship for Sebastian, that he resolved to accompany him whithersoever he went; and when the youth expressed a curiosity to


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lii plants. In Sushruta are recorded the properties and uses of some 700 of them; but all of these were not indigenous to India. Some foreign drugs were imported into this country. In ancient times there was a trade in drugs between the Hindoos and other nations. Liquorice, which does not grow in this country, was extensively used in Hindoo Medicine. It grows in Asia Minor and Central Asia, and was brought to this country by the nomadic tribes of Central Asia. We find mention of it in Charaka and Sushruta. The majority, however, of the medicinal plants in these works were indigenous to this country. Their properties were known by empirical means. Information regarding them was gathered from hunters and shepherds. For this purpose, physicians were enjoined to penetrate forests and climb mountains.

The works of Charaka and Sushruta appear to have been composed in the pre-Buddhist period. The rise of Buddhism gave an impetus to the study of medicine in ancient India. The edicts of Asoka provided the establishment of hospitals at all principal towns and cities of India for the sick and the wounded. The Buddhist missionaries penetrating the dreary wilderness of Siberia and Central Asia preaching the tenets of benevolence and humanity to the savage tribes, also attended to treating the sick and the wounded. They were in one sense medical missionaries. The teachings of the Hindoo system of medicine were also spread to the countries which adopted Buddhism. The Buddhist missionaries brought with them drugs of other nations to India, and thus enriched the materia medica of Hindoo physicians.

The Greek invasion was not without influence on the medical practice of ancient India. The savants who accompanied the army of Alexander learnt much of the metaphysical, philosophical, and medical systems from the Hindoos. The successors of Alexander brought Greece and India into closer contact. Commerce was established between the two countries. It was thus that a large number of drugs of Central Asia and Asia Minor found their way to India. Greek physicians also came to know several medicinal plants of this country. As the Greeks


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Rh learnt much of the healing art from the Hindoos, so the latter were indebted for their knowledge concerning several foreign drugs to the Greeks.

The rise of Muhammadanism brought about a new era in the history of civilization. The Arabs paid great attention to the cultivation of science and art. Although they did not discover or invent anything new, yet they preserved most of the known sciences of the ancient world- Without them, it is doubtful if the modern world would have been in possession of the philosophical and scientific lore of the Greeks or the Hindoos. Hindoo physicians adorned the court of the rulers of Bagdad. Medical works of the Hindoos such as Charaka, Sushruta, Nidana, &c, were translated into Arabic. The teachings of Hippocrates, Democritus, and other Greek physicians were made known to the world by the countrymen of Muhammad. When India came to be under the Islamic power, Muhammmadan physicians known as Yunani Hakims were patronized by the court. They were versed in the medical lore of the Greeks. They brought with them the teachings and doctrines of the Greek masters of the healing art, and also made known the properties and uses of several drugs of Central Asia. The Hindoo system of medicine, on the rise of the Muhammadan power, came to a stand-still; but the Hindoos were not slow in making use of those drugs which their Muhammadan conquerors had made known to them. Of all the drugs perhaps the most important one imported into India by the Muhammadans was opium. Before the Muhammadan supremacy in India, there is hardly any mention of opium to be met with in Hindoo works of Materia Medica. The principal works of Hindoo Materia Medica composed during the Muhammadan period of Indian history are:—

(1) Raja Nighantu, by Narahari Pandita. Regarding this work, Professor H. H. Wilson writes that "from the frequent occurrence of the Dakhini terms in explanation of his Sanskrit text it is inferred that he was an inhabitant of the south of India." The date of composition of this work has been fixed by the same authority at some time between the 12th and 13th centuries. [Vide H. H. Wilson's Works, Vol. V., p. 237.)


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 visit Orsino's court, Antonio, rather than part from him, came to Illyria, though he knew, if his person should be known there, his life would be in danger, because in a sea-fight he had once dangerously wounded the duke Orsino's nephew. This was the offence for which he was now made a prisoner.

Antonio and Sebastian had landed together but a few hours before Antonio met Viola. He had given his purse to Sebastian, desiring him to use it freely if he saw anything he wished to purchase, telling him he would wait at the inn, while Sebastian went to view the town; but Sebastian not returning at the time appointed, Antonio had ventured out to look for him, and Viola being dressed the same, and in face so exactly resembling her brother, Antonio drew his sword (as he thought) in defence of the youth he had saved, and when Sebastian (as he supposed) disowned him and denied him his own purse, no wonder he accused him of ingratitude.

Viola, when Antonio was gone, fearing a second invitation to fight, slunk home as fast as she could. She had not been long gone, when her adversary thought he saw her return; but it was her brother Sebastian, who happened to arrive at this place, and he said: "Now, sir, have I met with you again? There's for you"; and struck him a blow. Sebastian was no coward; he returned the blow with interest, and drew his sword.

A lady now put a stop to this duel, for Olivia came out of the house, and she too mistaking Sebastian for Cesario, invited him to come into her house, expressing much sorrow at the rude attack he had met with. Though Sebastian was as much surprised at the courtesy of this lady as at the rudeness of his unknown foe, yet he went very willingly into the house, and Olivia was delighted to find Cesario (as she thought him) become more sensible of her


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 attentions; for though their features were exactly the same, there was none of the contempt and anger to be seen in his face, which she had complained of when she told her love to Cesario.

Sebastian did not at all object to the fondness the lady lavished on him. He seemed to take it in very good part, yet he wondered how it had come to pass, and he was rather inclined to think Olivia was not in her right senses; but perceiving that she was mistress of a fine house, and that she ordered her affairs and seemed to govern her family discreetly, and that in all but her sudden love for him she appeared in the full possession of her reason, he well approved of the courtship; and Olivia finding Cesario in this good humour, and fearing he might change his mind, proposed that, as she had a priest in the house, they should be instantly married. Sebastian assented to this proposal; and when the marriage ceremony was over, he left his lady for a short time, intending to go and tell his friend Antonio the good fortune that he had met with. In the meantime Orsino came to visit Olivia: and at the moment he arrived before Olivia's house, the officers of justice brought their prisoner, Antonio, before the duke. Viola was with Orsino, her master; and when Antonio saw Viola, whom he still imagined to be Sebastian, he told the duke in what manner he had rescued this youth from the perils of the sea; and after fully relating all the kindness he had really shown to Sebastian, he ended his complaint with saying, that for three months, both day and night, this ungrateful youth had been with him. But now the lady Olivia coming forth from her house, the duke could no longer attend to Antonio's story; and he said: "Here comes the countess: now Heaven walks on earth! but for thee, fellow, thy words are madness. Three months has this youth attended on


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liv (2) Madana Pala Nighantu, by Madana Pala, a king of Kanauj. The late Raja Rajendra Lala Mitra placed the date of composition of this work somewhere in the twelfth century (vide R. L. Mitra's Notices of Sanskrit MSS. II, p. 264).

(3) Bhava Prakasa, by Bhava Misra. It treats of Anatomy, Physiology, Medicine, Surgery, Materia Medica, and Therapeutics. Its date has been fixed at about the sixteenth century. This work gives a very concise and clear account of all the medicinal plants and animal and mineral substances used medicinally by Hindoo physicians.

Yunani Hakims, that is the Muhammadan physicians of India, also have written a great deal concerning the indigenous drugs of this country. The encouragement accorded to Muhammadan physicians by their rulers led them to produce many meritorious works on medicine. Under the patronage of the court of Dehli, the Yunani Hakims vied with one another in paying attention to the study of indigenous drugs. Their works are however not of any antiquity. The Taleef Sheriff is a monograph, clearly setting forth the views of Yunani Hakims on indigenous drugs. The Makhzan-ul-Adiuiya, which has been made much use of by Dr. Dymock in his Vegetable Materia Medica of Western India, is also another important work on the subject. There are several other works by Muhammadan physicians, some in Persian, and others in Urdu, treating of indigenous drugs.

It is during the Christian period of Indian history, that our knowledge regarding indigenous drugs has been much increased by the investigations and labors of botanists and physicians. The three myrobalans of the East were eagerly sought after by the early Portuguese discoverers of the sea-route to India. Indian spices were also made known to Europe by them. Informations concerning the drugs of this country are scattered in the works of European travellers and navigators to this country during the sixteenth and seventeenth centuries. At the same time several


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by

C. N. MAXWELL

Director of Supplies, S. S. and F. M. S.

Singapore

Printed at the Methodist Publishing House.

1921.


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 [No. 84]

of the

of the

NOVEMBER, 1921.

SINGAPORE:

1921.


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 me:" and then he ordered Antonio to be taken aside. But Orsino's heavenly countess soon gave the duke cause to accuse Cesario as much of ingratitude as Antonio had done, for all the words he could hear Olivia speak were words of kindness to Cesario: and when he found his page had obtained this high place in Olivia's favour, he threatened him with all the terrors of his just revenge; and as he was going to depart, he called Viola to follow him, saying: "Come, boy, with me. My thoughts are ripe for mischief." Though it seemed in his jealous rage he was going to doom Viola to instant death, yet her love made her no longer a coward, and she said she would most joyfully suffer death to give her master ease. But Olivia would not so lose her husband, and she cried: "Where goes my Cesario?" Viola replied: "After him I love more than my life." Olivia, however, prevented their departure by loudly proclaiming that Cesario was her husband, and sent for the priest, who declared that not two hours had passed since he had married the lady Olivia to this young man. In vain Viola protested she was not married to Olivia; the evidence of that lady and the priest made Orsino believe that his page had robbed him of the treasure he prized above his life. But thinking that it was past recall, he was bidding farewell to his faithless mistress, and the young dissembler, her husband, as he called Viola, warning her never to come in his sight again, when (as it seemed to them) a miracle appeared! for another Cesario entered, and addressed Olivia as his wife. This new Cesario was Sebastian, the real husband of Olivia; and when their wonder had a little ceased at seeing two persons with the same face, the same voice, and the same habit, the brother and sister began to question each other; for Viola could scarce be persuaded that her brother was living, and Sebastian knew not how to account for the sister


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 Special Number.

A Special Number (637 pages) has been published in September 1921 devoted to one paper by Dr. E. D. Merrill, Director of the Bureau of Science, Manila, on the Flora of Borneo.

It contains a list of all species of plants recorded from Borneo and will be invaluable to all students of the Flora of that country.

A copy will be sent to any Member of the Society on application to the Hon. Secretary.


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 he supposed drowned being found in the habit of a young man. But Viola presently acknowledged that she was indeed Viola, and his sister, under that disguise.

When all the errors were cleared up which the extreme likeness between this twin brother and sister had occasioned, they laughed at the lady Olivia for the pleasant mistake she had made in falling in love with a woman; and Olivia showed no dislike to her exchange, when she found she had wedded the brother instead of the sister.

The hopes of Orsino were for ever at an end by this marriage of Olivia, and with his hopes, all his fruitless love seemed to vanish away, and all his thoughts were fixed on the event of his favourite, young Cesario, being changed into a fair lady. He viewed Viola with great attention, and he remembered how very -handsome he had always thought Cesario was, and he concluded she would look very beautiful in a woman's attire; and then he remembered how often she had said she loved him, which at the time seemed only the dutiful expressions of a faithful page; but now he guessed that something more was meant, for many of her pretty sayings, which were like riddles to him, came now into his mind, and he no sooner remembered all these things than he resolved to make Viola his wife; and he said to her (he still could not help calling her Cesario and boy): "Boy, you have said to me a thousand times that you should never love a woman like to me, and for the faithful service you have done for me so much beneath your soft and tender breeding, and since you have called me master so long, you shall now be your master's mistress, and Orsino's true duchess."

Olivia, perceiving Orsino was making over that heart, which she had so ungraciously rejected, to


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 Viola, invited them to enter her house, and offered the assistance of the good priest, who had married her to Sebastian in the morning, to perform the same ceremony in the remaining part of the day for Orsino and Viola. Thus the twin brother and sister were both wedded on the same day: the storm and shipwreck, which had separated them, being the means of bringing to pass their high and mighty fortunes. Viola was the wife of Orsino, the duke of Illyria, and Sebastian the husband of the rich and noble countess, the lady Olivia.


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 Contents.


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 Contents.


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 [No. 86]

of the

of the

NOVEMBER 1922.

SINGAPORE:

1922.


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 [No. 85]

of the

of the

March 1922.

SINGAPORE:

1922.


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 In the footnote on p. 271 for "at the time of the murder of Motley" read "at the time of the removal of Motley to Banjermassin" and for 1859 read 1854, and in line 8 cross out the words "when alive". These mistakes arose from misreading the communication referred to in the footnote.

As Motley's Labuan herbarium was sold to Barber before Motley left Labuan for Banjermassin, the suggestion on p. 273, that the locality Lubok Dana where he collected Pachynocarpus umbonatus might be on the Sungei Banyu Irang, cannot be upheld.


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 [No. 83]

of the

of the

APRIL, 1921.

SINGAPORE:

1921.


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 [No. 81]

of the

of the

MARCH 1920.

SINGAPORE:

1920.


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 [No. 82]

of the

of the

SEPTEMBER, 1920.

SINGAPORE:

1920.


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 [No. 80]

of the

of the

MAY 1919.

SINGAPORE:

1919.


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 [No. 79]

of the

of the

September, 1918.

SINGAPORE:

1918.


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 [No. 78]

of the

of the

June 15th, 1918.

SINGAPORE:

1918.


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 [No. 75]

of the

of the

April, 1917.

SINGAPORE:

1917.


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 [No. 76]

of the

of the

August, 1917.

SINGAPORE:

1917.


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 [No. 77]

of the

of the

December, 1917.

SINGAPORE:

1917.


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 [No. 72]

of the

of the

May, 1916.

SINGAPORE:

1916.


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 [No. 74]

of the

of the

December, 1916.

SINGAPORE:

1916.


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 [No. 73]

of the

of the

July, 1916.

SINGAPORE:

1916.


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 [No. 68]

of the

of the

June, 1915

SINGAPORE:

1915.


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 [No. 70]

of the

of the

April, 1917.

SINGAPORE:

1917.


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 [No. 69]

of the

of the

October, 1915

SINGAPORE:

1915.


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 81


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 82


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 83


text: The Incas of Peru/Chapter 9

title: The Incas of Peru/Chapter 9


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 84


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 85


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 86


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 that tendency. First of all, opportunism and chauvinism in the labor movement have the same cause: the alliance between shopkeepers and the upper crust of labor, gathering in a few crumbs from the banquet at which sit their national capitalists, against the overworked and oppressed masses of the proletariat.

In the second place, both tendencies are moved by the same thoughts and ideas. Thirdly, the division of the Socialists into opportunists and revolutionary groups, which was already observable at the time of the Second International, corresponds perfectly to their new division into chauvinists and internationalists.

To realize the truth of the forgoing one must remember that social science, like science in general, deals with mass phenomena, not with isolated cases. Take ten European nations: Germany, England, Russia, Italy, Holland, Sweden, Bulgaria, Switzerland, France, Belgium. In the first eight nations the new split upon the question of internationalism is the same as the old split upon the question of opportunism. In Germany that citadel of opportunism, the ''Soz. Monatshefte,'' has become the fortress of chauvinism. The internationalist idea is only defended by the extreme left. In England, according to the last estimates, only three-sevenths of the members of the British Socialist Party are internationalists (66 for, to 84 against the internationalist resolution). In the opportunist bloc, that is, the Labour Party, the Fabians and the Independent Labour Party, less than one-seventh of the membership is internationalist.

In Russia the center of opportunist propaganda, Nasha Zona, organ of the liquidators, became the organ of the chauvinists. Plekhanov and Alexinsky make much noise, but we know from what we observed in the years 1910–1914 that they are unable to conduct a systematic propaganda among the Russian masses. The stronghold of internationalism in Russia was "pravdism" and the Russian Social Democratic Labor Party, representing the advanced workers, and organized in January, 1912.

In Italy, the party of Bissolatti & Go., purely opportunist, turned chauvinist. Internationalism was represented by the Labor Party. The masses of the workers were behind that party. The oppor-


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 tunists, the parliamentary party and the petty bourgeois were all for chauvinism. For several months, every one in Italy had a chance to make his choice, and people chose not in any haphazard way, but along the lines of class cleavage, according to whether they were proletarians or petit bourgeois.

In Holland, the opportunist Troelstra faction stand on good terms with the chauvinists. We must not be deceived by the fact that in Holland the lower, as well as the upper, middle classes hate Germany, which is in a position to swallow them. The only consistent, sincere, fiery and convinced internationalists are the Marxists led by Horter and Pannekoek. In Sweden the opportunist leader Branting is indignant when the German Socialists call him a traitor, but the leader of the left wing, Hoglund, tells us that among his followers there are men who hold the same opinion (see S-D No. 36).

In Bulgaria, the foes of opportunism, "the narrow ones," have accused the German social-democrats in their organ, Novoe Vremya, of "a filthy deed." In Switzerland, the followers of the opportunist Greulich are inclined to justify the German social-democrats (see their paper, the National, of Zurich), but the group led by the much more radical, R. Grimm, has opened the columns of its paper, the Berner Tagwacht, to the German left wing.

In the only two exceptions to that rule France and Belgium, two countries out of ten, there is a number of internationalists, but (for reasons easily understood) they are weak and crushed down. Vaillant himself confessed in his paper, l'Humanite, that he had received from his readers many letters inspired by an internationalist spirit, but he did not print a single one of them in its entirety.

A glance at the situation in every country is sufficient to convince us that the opportunist wing of European Socialism betrayed Socialism and went over to the chauvinist camp. What gave that power, that seemingly irresistible power to the official parties? Kautsky, who knows perfectly how to approach a historical question, when discussing ancient Rome or a similar subject, not too close to our present-day life, pretends hypocritically that this passes his understanding. But the whole thing is as clear as daylight. The opportunists derived their giant strength from their alliance with the bourgeoisie, the governments and the general staffs. We often forget that fact and we imagine that the opportunists are actually part and parcel of the Socialist party, that Socialist parties have always had and will always have two extreme wings, that the whole


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 thing was due to a desire to avoid extremes etc., as all the philistine scribes are writing in their sheets.

In reality, the mere fact that opportunists formally belong to a labor party doesn't change that other fact, that they are obviously a section of the bourgeoisie, spreading its influence, acting as its agents in the labor movement. When the opportunist Sudekum started to demonstrate that social, class truth, some good people howled. The French Socialists and Plekhanov pointed an accusing finger at Sudekum. Now Vandervelde, Sembat and Plekhanov could stand in front of a mirror and they would see there the image of Sudekum. The German Vorstand, which sings Kautsky's praise and whose praise Kautsky sings, hastened to declare in guarded, modest and polite terms, that they did not agree with Sudekum, whom they did not designate by name.

This is ridiculous, for at the crucial moment, Sudekum showed himself a hundred times stronger than Haase and Kautsky, just as Nasha Zarya was stronger that the Brusselian bloc which was afraid of a split.

Why? Because back of Sudekum there stands the bourgeoisie, the government and the general staff of a great power. They back his policy in a thousand ways, while they oppose his adversaries in a thousand ways, too, including jail sentences and the firing squad. The voice of Sudekum is carried afar on the wings of the bourgeois papers, with their millions of copies (and so do the voices of Vandervelde Sembat and Plekhanov), while the voice of his opponents can never be heard in the "lawful" press, for there is a military censorship.

Opportunism is not a chance phenomenon, a crime, a low deed or an act of betrayal on the part of a few individuals, but the social product of a whole period of history. But not everybody tries to realize the meaning of this fact. The labor parties between 1889 and 1914 had to take advantage of what was declared permissible by the bourgeoisie. When the crisis came their only hope lay in "unlawful" activity. This could not be done without an enormous amount of energy and determination, besides resorting to a number of tricks of warfare. One Sudekum was enough to prevent that change of tactics, for back of that one man there was all the old system of society, historically and philosophically speaking, for that Sudekum had always betrayed and will always betray to the bourgeoisie the war plans of the bourgeoisie's enemy, to use practical and political parlance.


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 posed in conventional, meaningless attitude, but a living, loving man, sitting in fellowship with the dear friends that against all the world had believed in him, and had followed his poor fortunes, talking with them for the last sweet time, comforting them.

"They heard him bless the bread and wine that they themselves to this day take in remembrance of him.

"They saw his agony in the Garden of Gethsemane, the human shrinking from the cup of pain. They saw the false friend, Judas, betray him with a kiss. (Alas! poor Judas! He loved Jesus, in a way, like the rest did. It was only his fear of poverty that made him betray his Master. He was so poor—he wanted the money so badly! We cry out in horror against Judas. Let us pray rather that we are never tempted to do a shameful action for a few pieces of silver. The fear of poverty ever did, and ever will, make scamps of men. We would like to be faithful and noble and just, only really times are so bad that we cannot afford it! As says, it is so easy to be good and noble on five thousand a year, so very hard to be it on the mere five. If Judas had only been a well-to-do man, he might have been Saint Judas this day, instead of cursed Judas. He was not bad. He had only one failing—the failing that makes the difference between a saint and a villain, all the world over—he was a coward; he was afraid of being poor.)

"They saw him, pale and silent, dragged now before the priests of his own countrymen, and now before the Roman Governor, while the voice of the people—the people who had cried 'Hosanna' to him—shouted Crucify him! crucify him!' They saw him bleeding from the crown of thorns. They saw him, still followed


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 by the barking mob, sink beneath the burden of his cross. They saw the woman wipe the bloody sweat from off his face. They saw the last, long, silent look between the mother and the son, as, journeying upward to his death, he passed her in the narrow way through which he once had ridden in brief-lived triumph. They heard her low sob as she turned away, leaning on Mary Magdalen. They saw him nailed upon the cross between the thieves. They saw the blood start from his side. They heard his last cry to his God. They saw him rise victorious over death!

"Few believing Christians among the vast audience but must have passed out from that strange playhouse with their belief and love strengthened. The God of the Christian, for his sake, became a man, and lived and suffered and died as a man; and, as a man, living, suffering, dying among other men, he had that day seen him.

"The man of powerful imagination needs no aid from mimicry, however excellent, however reverent, to unroll before him in its simple grandeur the great tragedy on which the curtain fell at Calvary some eighteen and a half centuries ago.

"A cultivated mind needs no story of human suffering to win or hold it to a faith.

"But the imaginative and the cultured are few and far between, and the peasants of Ober-Ammergau can plead, as their Master himself once pleaded, that they seek not to help the learned but the lowly.

"The unbeliever, also, passes out into the village street full of food for thought. The rude sermon preached in this hillside temple has shown to him, clearer than he could have seen before, the secret wherein lies the strength


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 of Christianity; the reason why, of all the faiths that Nature has taught to her children to help them in their need, to satisfy the hunger of their souls, this faith, born by the Sea of Galilee, has spread the farthest over the world, and struck its note the deepest into human life. Not by his doctrines, not even by his promises, has Christ laid hold upon the hearts of men, but by the story of his life."


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 It is a fact that the entire Social-Democratic part of Germany does only what is agreeable to Sudekum or, at least, what Sudekum can abide. Nothing else can be done in a lawful way.

Whatever honorable, really Socialist, action is taken by the German party, is against the wishes of its center, without the consent of its leaders, in violation of the discipline of the party, by factions, in behalf of the anonymous center of a new party, like, for instance, the anonymous appeal from the German "left" printed in the Berner Tagewacht for May 31 of this year. A new party is indeed in the process of organization and growth, a real labor party, a genuine social-democratic party, very different from the old and rotten national liberal party of Legien, Sudekum, Kautsky, Haase, Scheidemann and others.

It was a deep historical truth whkh the hopeless conservative, who signs himself Monitor, expressed in the Prussian Yearbook, when he said that it would fare badly with the opportunists (read bourgeoisie) if the present-day social democracy should mend its ways, for the workers would get out of it. Opportunists and bourgeois need the party as it is now, "uniting" the right and left wings and officially represented by Kautsky, who knows how to reconcile all the factions by his smooth, "Marxist" phrases.

In appearance it represents Socialism and the revolutionary spirit of the nation, the masses, the workers; in reality, it is pure Sudekumism, always ready to ally itself with the bourgeoisie whenever a serious crisis arises.

I said "whenever a crisis arises," for it is not only in wartimes, but whenever a serious political strike takes place that feudal Germany and "free-parliamentary" England and France adopt under this or that name military measures of repression. No one who is of sane mind and has a good memory can gainsay this.


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what do you think of the performance as a performance?" asks B.

"Oh, as to that," I reply, "I think what everyone who has seen the play must think that it is a marvellous piece of workmanship.

"Experienced professional stage-managers, with all the tricks and methods of the theatre at their fingers' ends, find it impossible, out of a body of men and women born and bred in the atmosphere of the playhouse, to construct a crowd that looks like anything else except a nervous group of broken-down paupers waiting for soup.

"At Ober-Ammergau a few village priests and representative householders, who have probably never, any one of them, been inside the walls of a theatre in their lives, dealing with peasants who have walked straight upon the stage from their carving-benches and milking-stools, produce swaying multitudes and clamouring mobs and dignified assemblages, so natural and truthful, so realistic of the originals they represent, that you feel you want to leap upon the stage and strangle them.


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 "It shows that earnestness and effort can very easily overtake and pass mere training and technical skill. The object of the Ober-Ammergau 'super' is, not to get outside and have a drink, but to help forward the success of the drama.

"The groupings, both in the scenes of the play itself and in the various tableaux that precede each act, are such as I doubt if any artist could improve upon. The tableau showing the life of Adam and Eve after their expulsion from Eden makes a beautiful picture. Father Adam, stalwart and sunbrowned, clad in sheepskins, rests for a moment from his delving, to wipe the sweat from his brow. Eve, still looking fair and happy—though I suppose she ought not to,—sits spinning and watching the children playing at 'helping father.' The chorus from each side of the stage explained to us that this represented a scene of woe, the result of sin; but it seemed to me that the Adam family were very contented, and I found myself wondering, in my common, earthly way, whether, with a little trouble to draw them closer together, and some honest work to keep them from getting into mischief, Adam and Eve were not almost better off than they would have been mooning about Paradise with nothing to do but talk.

"In the tableau representing the return of the spies from Canaan, some four or five hundred men, women, and children are most effectively massed. The feature of the foreground is the sample bunch of grapes, borne on the shoulders of two men, which the spies have brought back with them from the promised land. The sight of this bunch of grapes, we are told, astonished the children of Israel. I can quite understand its doing so. The picture of it used to astonish me, too, when I was a child.


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 How can we answer the third question: How shall we fight social-chauvinism? Social-chauvinism is opportunism so developed and so strengthened in the course of a period of relatively peaceful capitalism, so settled in its ideas and its policies, so closely allied to the bourgeoisie and the government that its presence within a workers' party is absolutely intolerable.

One may wear thin soles while walking along the sidewalks of a town, but when you climb mountains you need strong hobnailed boots. European Socialism has grown beyond the narrow confines of peaceful activity and nationalism. The war has led it into the arena of revolutionary action, and it is time it should break entirely with opportunism and drive it out of the workers' party.

Merely to mention the duties which Socialism will have to fulfill at this new stage of its world evolution, is not to decide how soon or in what way the revolutionary Socialist parties of workers in every country are going to rid themselves of all the petty bourgeois opportunists within their ranks. But we realize clearly that henceforth that process of elimination is essential and that all the policies of the workers' party will have to be shaped from that point of view. The war of 1914 marks such a turning point in the history of the world that the relations of the party to opportunism cannot remain unchanged any longer. We cannot undo what was done, we cannot blot out of the consciousness of the workers, nor out of the memory of the bourgeois, nor out of the record of our times the fact that, in a crisis, the opportunists proved to be the group around which rallied all the elements from the working class who deserted into the bourgeois camp. As far as the whole of Europe is concerned, opportunism was only in its adolescence before the war broke out. When it did break out, opportunism reached its manhood state and it will be unable to regain its youth and its innocence. There has matured a whole group of parliamentarians, journalists, bureaucrats of the labor movement, privileged employes and even a few proletarians, who cast in their lot with the pourgeoisiebourgeoisie [sic], and whom the bourgeoisie knew how to appreciate and to make use of.

We cannot go back or turn backward the wheels of history, we must and we can go ahead fearlessly, away from artificial, lawful, slavish opportunism and toward the sort of labor organization which will be revolutionary, which will not confine itself to so-called lawful action and will know how to rid itself of the opportunist treachery, the sort of labor organization that will set out to conquer power and to overthrow the bourgeoisie.


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 We see what a distorted view of the whole thing those men have who are trying to deaden their conscience and the conscience of the workers, men like the recognized leaders of the Second International, the Guesdes, the Plekhanovs, the Kautskys and their ilk.

One thing is beyond cavil: if those men cannot understand the new duties of the party they must stay out of it, or surrender to the opportunists who hold them prisoners now. If those men break their chains there will be few obstacles to their readmission to the ranks of the revolutionists.

Lawful mass organizations of the working class were one of the distinctive traits of the Socialist parties at the time of the Second International. In the German party especially they were very strong and hence the war of 1914 marks a sudden turning point, and made the problems more acute than ever.

Any revolutionary action on their part at the time would have meant the crushing out of all lawful organizations by the policy, and therefore the old crowd from Legien to Kautsky, inclusive of the latter, sacrificed the old revolutionary objects of the proletariat to the preservation of the existing lawful organizations. They waste their time denying it. They sold the revolutionary rights of the proletariat for the mess of pottage of police toleration.

Open a pamphlet by Legien, the leader of the German trade unionists, entittled Why Trades Union Officials Should Take a More Active Part in the Inner Life of the Party (Berlin, 1915). This is a report read by the author on January 27, 1915, before a meeting of the leaders of the trade union movement. Legien incorporated in his printed report one interesting document which might otherwise have been suppressed by the military censorship. That document called Materials for the Delegates from the Neiderbarnim District (a suburb of Berlin), presents the views of the left-wing social-democrats, their protest against the action of the party. The revolutionary social-democrats say in that document: that did not and could not foresee that:

"All the organized forces of the German social-democratic party and of the trade unions stood by the government which was conducting the war, and that all those forces were being used in order to crush out the revolutionary energies of the masses" (page 34 of Legien's pamphlet).


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 "The scene of Christ's entry into Jerusalem, surrounded by the welcoming multitude, is a wonderful reproduction of life and movement, and so also is the scene, towards the end, showing his last journey up to Calvary. All Jerusalem seems to have turned out to see him pass and to follow him, the many laughing, the few sad. The people fill the narrow streets to overflowing, and press round the spears of the Roman Guard.

"They throng the steps and balconies of every house, they strain to catch a sight of Christ above each other's heads. They leap up on each other's backs to gain a better vantage-ground from which to hurl their jeers at him. They jostle irreverently against their priests. Each individual man, woman, and child on the stage acts, and acts in perfect harmony with all the rest.

"Of the chief members of the cast—Maier, the gentle and yet kingly Christ; Burgomaster Lang, the stern, revengeful High Priest; his daughter Rosa, the sweet-faced, sweet-voiced Virgin; Rendl, the dignified, statesman-like Pilate; Peter Rendl, the beloved John, with the purest and most beautiful face I have ever seen upon a man; old Peter Hett, the rugged, loving, weak friend, Peter; Rutz, the leader of the chorus (no sinecure, his post); and Amalie Deschler, the Magdalen—it would be difficult to speak in terms of too high praise. Themselves mere peasants There are those two women again, spying round our door; I am sure of it!" I exclaim, breaking off, and listening to the sounds that come from the next room.

"I wish they would go downstairs; I am beginning to get quite nervous."

"Oh, I don't think we need worry," answers B. "They are quite old ladies, both of them. I met them


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 Geoffrey Alex Neri, Brown Neri Smith & Khan LLP, Los Angeles, CA, for Plaintiff.

Dennis Carl Barghaan, Jr., United States Attorney’s Office, Alexandria, VA, for Defendants.

Mitchell Apper, Pro Se.

LEONIE M. BRINKEMA, United States District Judge

Before the Court are the parties’ cross-motions for summary judgment, which address the core issue—can an artificial intelligence machine be an “inventor” under the Patent Act? Based on the plain statutory language of the Patent Act and Federal Circuit authority, the clear answer is no. Accordingly, Defendants’ Motion for Summary Judgment [Dkt. No. 23] will be granted and Plaintiff’s Motion for Summary Judgment [Dkt. No. 18] will be denied.

This civil action concerns two patent applications that plaintiff Stephen Thaler (“plaintiff” or “Thaler”) filed with the United States Patent and Trademark Office (“USPTO”), which were assigned U.S. Application Serial Nos. 16/524,350 (the “’350 application”) and 16/524,532 (the “’532 application”) (collectively, “the Applications”). Plaintiff filed the Applications with the USPTO on July 29, 2019.

title: Page:Thaler v. Hirshfeld.pdf/3


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 on the stairs yesterday. I am sure they look harmless enough."

"Well, I don't know," I reply. "We are all by ourselves, you know. Nearly everyone in the village is at the theatre. I wish we had got a dog."

B. reassures me, however, and I continue:

"Themselves mere peasants," I repeat, "they represent some of the greatest figures in the world's history with as simple a dignity and as grand a bearing as could ever have been expected from the originals themselves. There must be a natural inborn nobility in the character of these highlanders. They could never assume or act that manner au grand seigneur with which they imbue their parts.

"The only character poorly played was that of Judas.


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 This is the absolute truth. And the following statement is just as true:

"The vote taken on August 4 by the social-democratic faction meant that the opposite view, however deeply shared by the masses, could not make itself heard through the instrumentality of the party, but against the wishes of the party's leaders, against the insuperable opposition of the party and of the trade unions" (ibidem).

This is true beyond doubt.

"If the social-democratic faction had fulfilled its duty on August 4, the outward form of the organization would have been destroyed, but its spirit would have lived, that spirit which kept the party alive at the time of the laws of exception and helped it to brook all hardships" (ibidem).

Legien's pamphlet mentions that that assemblage of "leaders" before whom he delivered his report, and who were the organizers and the officials of the trade union movement, laughed when they heard that.

It seemed to them absurd that there could and should be an unlawful revolutionary organization in existence in a crisis. Legien, the faithful watchdog of the bourgeoisie, beat his chest and shouted:

"This is a purely anarchistic thought: to destroy an organization in order to leave a decision to the masses. To my mind there is no doubt but this is an anarchistic idea."

"Correct" shouted in chorus those lackeys of the bourgeoisie who style themselves the leaders of the working class (page 37).

What an edifying picture. Men so completely perverted and dulled by bourgeois legalism, that they can no longer understand the necessity of different organizations, of unlawful ones. Men have gone so far that they imagine that lawful organizations, existing with the approval of the police, are the limit which must not be crossed, and that such organizations should be saved at the time of a crisis. There is the live logic of opportunism. The pure and simple growth of lawful unions, the pure and simple routine of stupid, though well-meaning, philistines keeping their little union books, has led those well-meaning philistines when a crisis arose, to betray, to sell and to strangle the revolutionary energy of the masses. And this is not due to mere chance happenings.

Revolutionary forms of organization are necessary, a changing historical situation demands them, this period of revolutionary action on the part of the proletariat demands them, but they can only


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 The part of Judas is really the part of the piece, so far as acting is concerned; but the exemplary householder who essayed it seemed to have no knowledge or experience of the ways and methods of bad men. There seemed to be no side of his character sufficiently in sympathy with wickedness to enable him to understand and portray it. His amateur attempts at scoundrelism quite irritated me. It sounds conceited to say so, but I am convinced I could have given a much more truthful picture of the blackguard myself.

Dear, dear me,' I kept on saying under my breath, 'he is doing it all wrong. A downright unmitigated villain would never go on like that; he would do so and so, he would look like this, and speak like that, and act like the other. I know he would. My instinct tells me so.'

"This actor was evidently not acquainted with even the rudiments of knavery. I wanted to get up and instruct him in them. I felt that there were little subtleties of rascaldom, little touches of criminality, that I could have put that man up to, which would have transformed his Judas from woodenness into breathing life. As it was, with no one in the village apparently who was worth his salt as a felon to teach him, his performance was unconvincing, and Judas became a figure to laugh rather than to shudder at.

"With that exception, the whole company, from Maier down to the donkey, seemed to be fitted to their places like notes into a master's melody. It would appear as though, on the banks of the Ammer, the histrionic artist grew wild."

"They are real actors, all of them," murmurs B. enthusiastically, "the whole village full; and they all


text:
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 be brought into life over the dead bodies of the former leaders, over the dead body of the old party, over the ruins of that party.

The counter-revolutionary philistine naturally will shout: anarchy, as the opportunist Ed. Davis did when alluding to Liebknecht. The only German Socialist leaders who have any decency left are those whom the opportunists are branding as anarchists.

Consider the army of today. There is one of the most perfect examples of organization. And that organization is perfect for the simple reason that it is flexible and knows how to inspire one single desire to the millions of which it consists. Today those millions of people are sitting in their homes, in various parts of the country, tomorrow the mobilization orders are sent out, and they all gather at the points designated to them. They stand in the trenches, perhaps months at a time. They charge the enemy. They do wonders under a hail of bullets and shrapnel. Their advanced troops may sink mines into the ground. They may rush ahead several miles under the direction of their flyers.

This is real organization, through which millions of men, lured to the same goal, moved by one single will, change their form of association and of action, change the scene and the objects of their activity, change their tools and their weapons as the changing necescities of warfare may require.

This is the way the working class should fight the bourgeois. To-day there may not be a situation favorable to a revolution, we may not see the conditions that would leaven up the masses and increase their activities. To-day they may give you a ballot at the polls. Cast it so as to beat your enemies and not to secure a nice little job in parliament for some coward afraid of going to jail. Tomorrow they may take that ballot away from you, give you arms and a big quick firing gun of the latest type. … Take those instruments of death and destruction, and don't listen to sentimentalists who are afraid of war. There are too many things left on earth which should be destroyed by fire and steel before the working class can be emancipated. And if bitterness and desperation grow among the masses, if a really revolutionary crisis arises, then be ready to organize in a new way and to use the instruments of death and destruction against your own government and your own bourgeoisie. This is not an easy task. This requires difficult preparations. This requires heavy sacrifices. This is the new view of organization and struggle which we must all take. But we shall not acquire this new point of view without committing


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 live happily together in one small valley, and never try to kill each other. It is marvellous!"

At this point, we hear a sharp knock at the door that separates the before-mentioned ladies' room from our own. We both start and turn pale, and then look at each other.

B. is the first to recover his presence of mind. Eliminating, by a strong effort, all traces of nervousness from his voice, he calls out in a tone of wonderful coolness:

"Yes, what is it?"

"Are you in bed?" comes a voice from the other side of the door.

"Yes," answers B. "Why?"

"Oh! Sorry to disturb you, but we shall be so glad


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 many mistakes without occasionally going down to defeat. This view of the class struggle stands to the electoral campaigns in the same relation as a real charge stands to mere military manoeuvres, as an ordinary regimental hike stands to life in the trenches. That view of the struggle does not come up frequently in history, because its significance and its consequences make themselves felt for entire decades. The days, however, when we will be able and obliged to resort to that form of struggle will count more than any other twenty years of past history.

Let us examine Legien and Kautsky together. This is what Kautsky has to say:

"As long as the party was small, every protest against war constituted a good bit of virile propaganda. The attitude of our Servian and Russian comrades in the recent events received general commendation. But the larger the party comes to be, the more it must take into account in its decisions the practical consequences of such decisions, the more difficult it becomes to weigh properly the various motives and to choose between them. And, therefore, the stronger we become, the more easily differences of opinion may arise among us whenever we face a new, complex situation." Internationalism and war (page 50).

This statement of Kautsky's differs from Legien's statements only by its hypocrisy and cowardice. Kautsky really approves of and justifies Legien's low abstention from revolutionary activity, but he does it on the sly, without committing himself, by way of allusions, paying homage now to Legien, now to the revolutionists of Russia. We Russians were accustomed to observe that attitude only among liberals. Liberals are always willing to recognize the virile stand taken by the revolutionists, but never do they depart from their arch-opportunistic tactics. Self-respecting revolutionists will not accept Kautsky's expressions of approval but reject with disgust this way of presenting the question. If the situation was not favorable for a revolution, if it was not a clear duty to preach revolutionary action, then the attitude of the Servian and Russian revolutionists would be out of place and their tactics faulty. Why can't those great fighters, Kautsky and Legien, have the courage of their opinions and speak it out frankly?

If the attitude of the Russian and Servian Socialists deserves approval then it is not permissible, it is criminal to justify the attitude of strong parties like the German and the French.

By using a very confusing expression "practical consequences" Kautsky tries to conceal the fact that the large parties were afraid


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 when you get up. We can't go downstairs without coming through your room. This is the only door. We have been waiting here for two hours, and our train goes at three."

Great Scott! So that is why the poor old souls have been hanging round the door, terrifying us out of our lives.

"All right, we'll be out in five minutes. So sorry. Why didn't you call out before?"


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 of having their organization crushed out, their funds seized, their leaders thrown into jail by the government. In other words, Kautsky justifies the betrayal of Socialism by the fear of the unpleasant consequences revolutionary tactics might bring about. Isn't this a pure and simple prostitution of Marxism.

"They would arrest us," said one of the men who voted for the credits on August 4 at a workingmen's meeting in Berlin. And the workingmen shouted back to him: "Well, what of it?"

The best thing on earth to inspire the workers of Germany and France with a revolutionary spirit and show them the necessity of preparing for revolutionary activity, would be the arrest of a representative for making a daring speech. This would be the best appeal to united revolutionary action addressed to the proletarians of all nations. That unity of action is not an easy thing to bring about. This made it the more imperative for those that stood at the bead of the movement, and who were shaping its policies to assume the initiative.

It is not only in war times but whenever the political situation takes a critical turn that governments will threaten to crush out organized bodies, to seize their cash and jail their leaders, and to let them bear other practical consequences for their actions. What of it? Is this a valid ground to excuse the opportunists, as Kautsky does? This really amounts to transforming the Social-Democratic party into a national liberal party.

Socialists can only come to one conclusion: pure legalism, the legalism of the European parties has outlived its usefulness, and owing to the entrance of Capitalism into its imperialistic stage of development, has become simply a bourgeois labor policy. It must be supplemented by the adoption of an extra legal basis, by extra legal organization, extra legal Social-Democratic action, without however surrendering any of the legal positions occupied. How that can be done, experience will teach us, provided there is a firm desire for that sort of action and provided we realize clearly its absolute necessity. The revolutionary Social-Democrats of Russia showed in 1912–13 and 14 that it could be done. The labor deputy Muranof, hauled into court and sent by Czarism to Siberia, showed better than any one else that besides respectable parliamentarism of the ministerial timber (Henderson, Sembat, Vandervelde, Sudekum and Scheidemann are made of ministerial timber, but they are not allowed to take such lofty positions) there is also a revolutionary and extra legal variety of parliamentarism. The Kosovskys and Potresoffs may kowtow as much as they want to European


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 Record (“AR”) 1–96; 284–379. In his one-count complaint brought under the Administrative Procedure Act (“APA”), plaintiff alleges that the refusal of defendants Andrew Hirshfeld and the USPTO (collectively “defendants”) to process the Applications was “arbitrary, capricious, an abuse of discretion and not in accordance with the law; unsupported by substantial evidence, and in excess of Defendants’ statutory authority.” [Dkt. No. 1] ¶ 70. Plaintiff seeks an order compelling defendants to reinstate the Applications and vacate the prior decision on plaintiff’s petitions filed under 37 C.F.R. § 1.181. He also seeks “[a] declaration that a patent application for an AI-generated invention should not be rejected on the basis that no natural person is identified as an inventor”; “[a] declaration that a patent application for an AI-generated invention should list an AI where the AI has met inventorship criteria”; and an award of the costs and reasonable attorneys’ fees plaintiff incurred in this litigation. [Dkt. No 1] ¶¶ A–E.

As a civil action brought under the APA, review of the final agency action is limited to considering the administrative record. The factual assertions made by plaintiff during the application process are taken as true. Plaintiff alleges that he “is in the business of developing and applying advanced artificial intelligence (AI) systems that are capable of generating patentable output under conditions in which no natural person traditionally meets inventorship criteria,” [Dkt. No. 1] ¶ 1, and is the owner of DABUS, an artificial intelligence machine listed as the inventor of the ’350 application, which claimed a “light beacon that flashes in a new and inventive manner to attract attention (‘Neural Flame’),” and the ’532 application, which claimed a “beverage container based on fractal geometry (‘Fractal Container’).” ¶ 15.

In the Application Data Sheets accompanying the Applications, plaintiff identified the inventor’s “given name” as “DABUS,” and under “family name” wrote “Invention generated by artificial intelligence,” identifying his own mailing address as the “mailing address of inventor.” AR 10; 299. Plaintiff also included a “Statement on Inventorship” in the Applications explaining that “[t]he unique aspects under which the instant invention was conceived prompted the inclusion of such statement in order to explain that the inventor of the subject matter of the instant invention of the present application is an AI machine, being a type of ‘creativity machine’ named ‘DABUS,’ ” and arguing why plaintiff thought DABUS should be considered an “inventor” under the Patent Act and the USPTO’s regulations. AR 60–65; 345–50.

Because DABUS could not execute the necessary oath or declaration that the Patent Act requires of an inventor, plaintiff included with the Applications a “Substitute Statement Under 37 CFR 1.64 in Lieu of Declaration Under 35 USC § 115(d),” which explained that the “inventor,” DABUS, was “under legal incapacity in view of the fact that the sole inventor is a Creativity Machine (i.e., an artificial intelligence), with no legal personality or capability to execute this substitute statement.” AR 26–27; 311–12. Accordingly, Thaler, as the “the Applicant and the Assignor of the abovementioned application, as well as the owner of said Creativity Machine, DABUS” signed the substitute statement.

The Applications also included a document through which DABUS had

title: Page:Thaler v. Hirshfeld.pdf/4


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 unto the town of Chiang Mai, and on Tuesday, the third waxing-moon day of the fourth month, conquered was the town of Lamphun Chai. On Friday, the thirteenth waxing-moon day of the fourth month, an ill omen happened: blood was seen stuck upon the doors of all homes, and houses, and temples in each and every region, either inside or outside the town. It fell upon Monday, the fifteenth waning-moon day of the fourth month, that the royal host was marched from the town of Chiang Mai unto the Divine City of Glorious Ayutthaya.

In the year 908, the Year of the Horse (2089 BE), in the sixth month, His Divine Highness Chairachathirat the Lord entered nirvana. Thus his royal child, His Highness Divine Lord Yotfa, assumed kingship of the Divine City of Glorious Ayutthaya. In that year, the earth quaked.

In the year 910, the Year of the Monkey (2091 BE), on Saturday, the fifth waxing-moon day of the fifth month, [His Highness] went out to bathe. Elephants were put to fight and a tusk of the elephant Phaya Fai broke into three pieces. Moreover, two days later, the regal elephant Phra Chatthan kept crying as the sound of a conch. In addition, the Phaichayon Gate groaned as an ill omen. It fell upon Sunday, the fifth waxing-moon day of the eight month, that His Highness Divine Lord Yotfa met a mishap, whereupon Khun Chinnarat enjoyed kingship for two score and two days. Then Khun Chinnarat and Maeyua Sisudachan met a mishap, His Divine Highness Thianrachathirat was therefore invited to assume kingship under the name of His Divine Highness Mahachakkraphat. And as [His Divine Highness] had assumed kingship for seven months, the ruler of Hongsa, Pangsaweki, marched his men unto the Divine City of Glorious Ayutthaya in the fourth months. When His Divine Highness Mahachakkraphat the Lord went out to fight the war of Hongsa, Her Divine Highness the Principal Queen Consort and Her Divine Highness the Royal Child, a royal daughter, mounted upon their elephants, went out in His company. And the vaward, having engaged with the foes from Hongsa, was routed and ran into the royal host, begetting a great chaos. And Her Divine Highness the Principal Queen Consort and Her Divine Highness the Royal Child, a royal daughter, fought the foes till they lost their lives upon the necks of their elephants. And, in that war of Hongsa, His Divine Highness Mahathammarachathirat


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 parliamentarism, but we shall never tire of repeating to the working class that sort of legalism, the brand of Social-Democracy exemplified by Kautsky, Legien and Scheidemann, deserves nothing but scorn.

{{c|{{asc|{{SIC|XI|IX}}}}

Let us sum up. The collapse of the Second International revealed itself clearly in the betrayal of the Social-Democratic parties of Europe by the majority of their officials embodied in their declarations and their solemn resolutions of the Basel and Stuttgart congresses. But this bankruptcy which leaves opportunism victorious and has transformed the Social-Democratic party into a national liberal labor party, is simply the product of the entire period during which the Second International was in existence, the end of the 19th and the beginning of the 20th centuries.

The material conditions obtaining in that period the transition between the bourgeois and national revolutions of Western Europe and the dawn of social revolution, fostered the growth of opportunism.

In some European countries we observe in the labor and Socialist movements a cleavage along opportunist lines (in England, Italy, Holland, Bulgaria, Russia) in others we witness a longdrawn and stubborn struggle along the same line (in Germany, France, Belgium, Sweden, {{SIC|Sitzerland|Switzerland}}). The crisis brought about by the great war, tore off all the veils, pricked the pus pockets, ready to break out and showed up opportunism in its real colors, an ally of the bourgeoisie. It has become absolutely necessary to remove entirely and systematically this element from the labor movement. In imperialistic times there cannot co-exist within one party champions of the revolutionary proletariat and semi-bourgeois aristocrats of the labor movement fed on crumbs of the "greatpowerdom" enjoyed by their country. Opportunism which was once considered as a mere emergency measure, has become the most dangerous means of deceiving the workers and the great obstacle in the path of the labor movement. Frank opportunism is not so very dangerous for the laboring masses steer clear of it, but the theory of the golden mean, which justifies by Marxist quotations opportunistic practices, and which by dint of sophistry proves that the time has not come for revolutionary action, this is the real danger. The eminent exponent of this doctrine and the leader of the Second International, Kautsky, has shown himself to be a first-class hypocrite and a virtuoso in the art of prostituting Marxism. Among the million


text: The Diary of a Pilgrimage/Diary of a Pilgrimage


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 members of the Social-Democratic party there isn't a decent, conscious and revolutionary Social-Democrat who does not reject with indignation that "leader" who has been profusely defended by Sudekum and Scheidemann.

The proletarian masses who lost about nine-tenths of their leaders to the bourgeois camp, found themselves isolated and impotent before rampant chauvinism, military measures and the censorship. But the revolutionary situation created by the war and which is steadily becoming more acute and more widespread will unavoidably foster a revolutionary spirit which will stiffen up and enlighten the proletarians of the better type, the class conscious ones. There may and there probably will develop in the mentality of the masses a state of mind similar to that which we could observe in Russia at the beginning of 1905 at the time of the Gapon incident, when out of the backward proletarian masses, there grew in a few months or even a few weeks, an army of millions of men, the vanguard of the proletariat. We cannot tell whether a powerful revolutionary movement will start soon after this war or during this war, but it is only agitation conducted with that purpose which deserves to be called Socialist agitation. The only thing that will give that agitation a center and a direction, that will unite and blend all the elements the proletariat needs in its fight against its government and its bourgeoisie is a civil war.

In Russia the entire history of the labor movement has prepared the exclusion of the petit bourgeois opportunist elements from the revolutionary Social-Democratic elements. It is a very bad service to render to the labor movement to ignore that history and to declaim against "factionism." One thus deprives himself of the opportunity of understanding the actual growth of the labor movement in Russia, which has been for years and years waging a stubborn fight against all opportunistic tendencies.

Among all the great powers engaged in the war, Russia only has recently lived through a revolution; its bourgeois character, taking into account the decisive part played by the proletariat, could not but create a cleavage between the bourgeois and the proletarian elements in the labor party. In the twenty years from 1894 to 1914, during which the Russian Social Democracy existed as an organization, connected with the labor movement (we do not allude simply to the ideas current from 1883 to 1894) a struggle went on between the petit bourgeois opportunists and the proletarian revolutionary wing. The "economism" of the years 1894–1903 was nothing but opportunism. All its theories and arguments


text: The Incas of Peru/Chapter 10

title: The Incas of Peru/Chapter 10


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 were only a struvist distortion of Marxism, references to the mass to justify opportunism, and all that phraseology of theirs reminds us of the degenerated form of Marxism propounded at present by Kautsky, Cunow, Plekhanov and others. It might be a good idea to remember the attitude assumed in those days by papers like the Rabotshy Mysl and the Rabotshy Dielo and to compare that attitude with the one assumed nowadays by Kautsky.

The Menshevism of the next period, 1903–1908, was not only in its theory but in its organization the heir of economism. At the time of the Russian revolution it introduced tactics which subjected the proletariat to the control of the liberal bourgeoisie and which reflect a purely bourgeois opportunist tendency.

When in the following periods the main current of Menshevism gave birth to the "Liquidation," that class bias of the party was so obvious that the best representatives of Menshevism always protested against the policy of the group centering around Nasha Zarya.

But that group, the only one which conducted among the masses a systematic agitation against the revolutionary Marxist party in the following five or six years, revealed itself when the war broke out as made up of Social chauvinists.

And in a nation where autocracy was in power, where the bourgeoisie had not as yet completed its revolution where 43 per cent of the population oppress the rest of the population made up of people from other racial stocks, Russia could not escape the "European" type of evolution which enables certain strata of the petit bourgeoisie, especially the professional classes, and an insignificant minority of the workers' aristocracy to enjoy the advantages of "greatpowerdom" pertaining to their own country.

The working class and the Socialist worekersworkers [sic]' party of Russia have been prepared by their entire history to assume an internationalistic, that is a really consistent revolutionary attitude.


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 assigned all intellectual property rights in the claimed invention to plaintiff. That document, entitled “Assignment,” provided in pertinent part: "DABUS, the Creativity machine that has produced the below-detailed invention, as the sole inventor (represented in this assignment by its owner, Stephen L. Thaler, hereinafter called the “Assignor”), hereby assigns and transfers to:

(hereinafter called the “Assignee”), its successors, assignees, nominees, or other legal representatives, the Assignor’s entire right, title, and interest, including, but not limited to, copyrights, trade secrets, trademarks and associated good will and patent rights in the Invention and the registrations to the invention …

…

In view of the fact that the sole inventor is a Creativity Machine, with no legal personality or capability to execute said agreement, and in view of the fact that the assignee is the owner of said Creativity Machine, this Assignment is considered enforceable without an explicit execution by the inventor. Rather, the owner of DABUS, the Creativity Machine, is signing this Assignment on its behalf.

Similarly, DABUS, being a machine and having no legal personality, does not have the capability to receive any consideration, and therefore, Stephen L. Thaler, as its owner/representative, acknowledges the receipt and sufficiency of good and valuable consideration for this assignment."

AR 21; 310. The assignment document was signed by both “Stephen L. Thaler, On Behalf of DABUS, Assignor,” as well as “Stephen L. Thaler, Assignee.”

After its initial review of the Applications, the USPTO issued plaintiff a “Notice to File Missing Parts of Non-Provisional Application,” allowing him two months to submit proper information regarding inventorship because the “application data sheet or inventor’s oath or declaration does not identify each inventor or his or her legal name.” AR 97–98; 380–81. On August 29, 2019, plaintiff filed a petition with the USPTO Director pursuant to 37 C.F.R. § 1.181 in which he asked the USPTO to vacate its “Notice to File Missing Parts,” and essentially reiterated the “Inventorship Statement” that he had submitted with the Applications arguing that DABUS should be listed as the inventor. AR 111–16; 394–99. On December 17, 2019, the USPTO issued a written decision dismissing plaintiff’s petition, in which it explained that the explicit statutory language that Congress has used to define the term “inventor”—e.g., “individual” and “himself or herself”—was uniquely trained on human beings. AR 131–33; 410–12. The USPTO also explained that the Federal Circuit had twice held that an inventor could only be a natural person. (quoting, 734 F.3d 1315, 1323 (Fed. Cir. 2013) (“”);, 990 F.2d 1237, 1248 (Fed. Cir. 1993)). “Because a machine does not qualify as an inventor,” the USPTO concluded that it had “properly issued the Notice … noting the inventor was not identified by his or her legal name.” The USPTO further explained the way for plaintiff to patent the inventions:

title: Page:Thaler v. Hirshfeld.pdf/5


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Rh foreign medicinal plants, especially of America, were brought to and naturalized in India by the Portuguese, Dutch, and other maritime nations. Agave Americana, Ananasa sativa, Anona squamosa, and several other native plants of America are now to be met with throughout the peninsula of Hindustan. Von Rheede tried to gather all the informations about the medicinal uses of the plants of this country in his Hortus Malabarica, which should be looked upon as the first systematic work by a European, giving the medicinal uses of the plants of India. But little attention was paid to the medicinal plants of this country till the foundation of the Asiatic Society of Bengal. The Society was established mainly through the exertions of Sir Willam Jones, who was its first president. He was as great a botanist as a classical scholar. He looked upon the Society as corresponding in its aims and objects to the Royal Society of England. The Asiatic Society has fulfilled the expectations of its gifted founder. Sir William Jones himself pointed out the importance and necessity of studying the Indian medicinal plants. In a paper on the design of a treatise on the plants of India, read by him before the Bengal Asiatic Society, he said that "Some hundreds of plants which are yet imperfectly known to European botanists and with the virtues of which they are wholly unacquainted, grow wild on the plains and in the forests of India. The Amarakosha, an excellent vocabulary of the Sanskrit language, contains in one chapter the names of about 300 medicinal vegetables; the Medini may comprise many more; and the Dravyabhidhana or Dictionary of natural productions includes, I believe, a far greater number, the properties of which are distinctly related in medical tracts of approved authority."

The example set by Sir William Jones was not lost upon his successors. Roxburgh, the Linnaeus of Indian Botany, collected all the informations about the medicinal plants of this country in his Flora Indica. Professor Lindley in his work on Flora Medica is indebted for his information regarding the medicinal plants of India to Roxburgh's magnum opus. Roxburgh's Flora Indica was an authority on the medicinal plants of this