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 The dishonour is in yourself, to believe such things of me.”

Jane had drawn herself up, and stood, tall and haggard, her dark eyes glowing in their deep sockets. The other woman was daunted. She hesitated, stammered half a word, and was silent.

“Good-bye,” said Jane; “and I hope to God no one will ever be such a brute to you as you have been to me.” She turned, but before she reached the door Milly had caught her by the arm.

“No, don’t, don’t!” she cried. “I do believe you, I do! You poor darling! You must have done it in your sleep. Oh, forgive me, Jane dear. I’ll never tell a soul, and Edgar”

“Ah,” said Jane, turning mournful eyes on her, “Edgar would have believed in me.”

And at that Milly understood—in part, at least—and held out her arms.

“Oh, you poor dear! and I never even guessed! Oh, forgive me!” and she cried over Jane and kissed her many times. “Oh, my dear!” she said, as Jane yielded herself to the arms and her face to the kisses, “I’ve got something to tell you. You must be brave.”


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“No—no more,” Jane said shrilly; “I can’t bear any more. I don’t want to know how it happened, or anything. He’s dead—that’s enough.”

“But” Milly clung sobbing to her, sobbing with sympathy and agitation.

Jane pushed her back, held her at arm’s length and looked at her with eyes that were still dry.

“You’re a good little thing, after all,” she said. “Yes—now I’ll tell you. You were quite right. It was a lie—but half of it was true—the half I told you—but I wanted you to believe the other half too. I did walk in my sleep, and I must have opened that cabinet and taken Edgar’s story out, because I found myself standing there with it in my hands. And he was dead, and Oh, Milly. I knew he was dead, of course, and yet he was there—I give you my word he was there, and I heard him say ‘Take it, take it, take it!’ quite plainly, like I’m speaking to you now. And I took it; and I copied it out—it took me nearly all night—and then I sent it to you. And I’d never have told you the truth as long as you didn’t believe me—never—never. But now you do believe me I won’t lie to you. There! Let

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


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 me go. I think I was mad then, and I know I am now. Tell every one. I don’t care.”

But Milly threw her arms round her again. The love interest had overpowered the moral sense. What did the silly story, or the theft, or the lie matter—what were they, compared with the love-secret she had surprised?

“My darling Jane,” she said, holding her friend closely and still weeping lavishly, “don’t worry about the story: I quite understand. Let’s forget it. You’ve got quite enough trouble to bear without that. But there’s one thing, it’s just as well I found out before the story was published. Because Edgar isn’t dead. His ship has been towed in: he’s at home.”

Jane laughed.

“Don’t cry, dear,” said Milly; “I’ll help you to bear it. Only—oh dear, how awful it is for you!—he’s going to be married.”

Jane laughed again; and then she thinks the great, green waves really did rise up all round the quaint dining-room—rise mountains high, and, falling, cover her.

Jane was ill so long that Milly had to tell Edgar about the story after all, and they sent it in, and it was published in Jane’s name.


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 So the little brothers were all right. And he wrote the next story for her too, and they corrected the proofs together.

Jane has always thought it a pity that Milly had not troubled to ask the name of the girl whom Edgar intended to marry, because the name proved, on enquiry, to be Jane.


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Summary
see File:Upstairs, Downstairs.pdf

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see File:Upstairs, Downstairs.pdf

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Summary
see File:Upstairs, Downstairs.pdf

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Summary
see File:Upstairs, Downstairs.pdf

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see File:Upstairs, Downstairs.pdf

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see File:Upstairs, Downstairs.pdf

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text: Index:American poultry world (IA americanpoultryw46curt).pdf


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werden


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werdon, James


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werden, Sir John, bart.


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Early English referencesChaucerFlute and fife in ShakespeareIn the early dramatistsIn the poetsReferences to the qualities of the fluteEpithets applied to itCowperLongfellowOther poetsProse referencesIn modern novelistsDickensA weird flute storyFlute in American authorsSidney LanierOther literary flautistsLegends.

earliest mention of the flute that I can find occurs in Chaucer’s Canterbury Tales (c. 1386). In the Prologue to that work, the gay young squire is described as singing or “floytynge” all the day. In The House of Fame, iii., 130 (c. 1394), the poet speaks of "many thousand times twelve"

and he mentions three ancient flute-players by nameAtiteris [? Tityrus], Proserus [? Pronomus], and "Marcia that lost her skyn" (Dante in his Paradise, 1, 13-27, had already turned Marsyas into a woman). Again in the Romaunt of the Rose (c. 1400), "floytes" and


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werden, (Sir) John


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werden, Richard


text:
World Taekwando Federation & Anor v Tuan Wing Keong & Anor (Pendaftar Cap Dagangan, Malaysia, interested party)

HIGH COURT (KUALA LUMPUR) AZIZAH HAJI NAWAWI J GUAMAN NO D - 22IP-16-03/2014 2 September 2016

Azizah Haji Nawawi J:  Grounds of Judgment

Introduction

The summary of the Plaintiffs’ claims are as follows: In response to the Plaintiffs’ claim, in their Counterclaim, the Defendant seeks the following prayers:

After a full trial, this Court has allowed the Plaintiffs’ claim and dismiss the Defendant’s Counterclaim.

The Salient Facts

The First Plaintiff, World Taekwondo Federation or “WTF” is the International Federation that governs the sport of Taekwondo. WTF headquarters is based in South Korea.

WTF also recognises national Taekwondo governing bodies in respective countries and these bodies become members of WTF through a formal appointment and thereafter become known as the WTF Member National Association.

WTF is the owner of the trade name WTF, the WTF trade mark together with and in any manner including on any emblem, name, flag, motto, identifiers, or marks or symbols. The WTF Marks can only be used by each respective country’s WTF Member National Association upon express authorisation by WTF, in accordance with the WTF Statutes.

The Second Plaintiff is the Deputy President of Taekwondo Malaysia (‘TM’) and is bringing this action in his capacity as the Deputy President of Taekwondo Malaysia and the members of Taekwondo Malaysia.

TM was registered under the Sports Development Act 1997 on 18.2.2010 and is the national governing body of the sport of Taekwondo WTF in Malaysia using the methods and training for the Taekwondo WTF sport.

To be a Member National Association of WTF, the local body must first be recognised by Olympic Council of Malaysia (“OCM”). TM was recognised by the Olympic Council of Malaysia in July 2010 for the sport of Taekwondo WTF, and WTF gave its full and formal recognition to TM in September 2010.

The Defendant is the Secretary General of the Malaysia Taekwondo Association (‘MTA’). Before 2010, WTF had appointed MTA to be its Member National Association. MTA was also recognised by OCM, the Sports Commissioner and the Ministry of Youth and Sports to be the governing body of Taekwondo WTF in Malaysia.

As the member national association of the WTF, MTA was authorised to use the WTF trademarks and had sent athletes to Taekwondo WTF competitions around the world. During its tenure as a member of WTF, MTA had registered the following marks in 2003: However due to internal problems within MTA, the Sports Commissioner de-registered MTA as a Sports Association (first de-registration) on 6.5.2005. The decision to de-register MTA was challenged by MTA, and the said decision was quashed by the High Court, which was affirmed by the Court of Appeal.

Between 2005 to 2010 WTF did not recognise any body dealing with Taekwondo WTF in Malaysia. Because of this, Malaysia cannot send her players to compete at WTF competitions internationally. WTF only gave its full and formal recognition to TM in September 2010.

MTA was deregistered for the second time on 3.2.2010 (second de-registration). An appeal to the Minister of Sports was rejected by way of a letter dated 28.10.2011. MTA then proceed to commence judicial proceedings in the High Court, inter alia, for the following prayers: MTA’s application was allowed by the High Court whereby the Court had quashed the Sports Commissioner’s decision to de-register MTA. This decision was affirmed by the Court of Appeal. However, MTA’s specific prayer to be reinstated as the sole governing body of the sport of taekwondo was denied by both the High Court and the Court of Appeal.

Currently MTA is a sports body under the Sports Development Act 1997, but it is not a body that is recognised by the OCM for the sport of Taekwondo WTF in Malaysia. Since it was not recognised by the OCM, WTF claims that MTA is also not recognised as its member national association for the sport of Taekwondo WTF in Malaysia. WTF has appointed TM as its member national association for Malaysia.

Even though WTF claims that MTA is no longer affiliated with WTF, MTA continues to use the “WTF” Marks and copyright.

Despite the issuance of two (2) cease and desist letters to MTA by WTF, in February 2013 and in September 2013 respectively, the Defendant MTA has failed, refused and/or neglected to cease or desist from the further use of the said WTF Marks.

In March 2014, the Plaintiffs’ instituted this suit against MTA for the use of the WTF Marks and copyright. The Plaintiffs’ claims are for expungement of registered trademark bearing the WTF Marks, copyright infringement, the tort of passing off and injunctions.

Issues to be tried

Having considered the pleadings and the submissions of the parties, I am of the considered opinion that the main issues in this case are as follows: In respect of the Defendant’s Counterclaim, the issues are: The Findings of the Court

(i) trademark issues

The Plaintiffs are claiming ownership of the following marks, either as a word or as a whole (“the WTF Marks”):

The Plaintiffs claim that since they are the owners of the WTF Marks, then they are also seeking to expunge the registrations of the trademarks bearing the WTF Marks under section 45 of the Trade Marks Act 1976 (“TMA 1976” (see paragraphs 21 to 24 of the Amended Statement of Claim). The relevant trademarks registered by MTA which contain the word “WTF”, includes the followings:

The Plaintiffs’ application is made pursuant to Section 45 (1) of the TMA 1976, which reads as follows: “45. (1) Subject to the provisions of this Act—

(a) the Court may on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the Register of any entry or by any entry made in the Register without sufficient cause or by any entry wrongfully remaining in the Register, or by any error or defect in any entry in the Register, make such order for making, expunging or varying such entry as if thinks fit; Under s. 45(1)(a) of the TMA 1976, the Plaintiffs must show that they are ‘person aggrieved’ in order to establish their locus standi. In McLaren International Ltd v Lim Yat Meen  [2009] 5 MLJ 741 on the issue of whether the appellants were a person aggrieved under section 46(1) of the TMA 1976, the Federal Court held at page 750: “[22] We understand that passage as laying down the principle that a person aggrieved is a person who has used his mark as a trademark – or who has genuine and present intention to use his mark as a trademark – in the course of a trade which is the same as or similar to the trade of the owner of the registered trademark that the person wants to have removed from the register.” I am of the considered opinion that there is no issue with regards to locus standi of the Plaintiffs, as it is not in dispute that WTF is the owner of the WTF Marks. This is provided under Article 23 of the WTF Rules and Regulations, which reads: “2. The WTF emblem, flag, motto, identifications (including but not limited to ‘WTF-promoted’ and ‘WTF-sanctioned’) as defined by the WTF shall be collectively referred to as ‘WTF properties’.

'' All rights to any and all WTF properties, as well as all rights to the use thereof, belong exclusively to the WTF, including but not limited to the use for any profit-making, commercial or advertising purposes. WTF may license all or part of its rights on terms and conditions set forth by the WTF''.” This fact has been admitted by the Defendant MTA through the evidence of DW2, Eddie Tuan Wing Keong: “SSS: So that being the case, as far as WTF logo is concerned, who owns that logo?

EDDIE: WTF

........

SSS'': Mr. Eddie, as far as the name WTF is concerned, who owns that? Just tell me, WTF.''

EDDIE: It just by itself WTF is owned by WTF.

SSS: And also the name World Taekwondo Federation would be owned by the First Plaintiff also, right?

EDDIE: Yes.” In the present case, as WTF is the owner of the WTF Marks, then WTF is aggrieved by the MTA’s registration of the relevant trademarks bearing the WTF Marks. MTA’s registration of the relevant trademark bearing the WTF Marks would have the effect of granting the MTA the exclusive right to the WTF Marks in Malaysia. As WTF has appointed TM as its Member National Association of WTF in Malaysia, the impugn registration will prevent TM from using the WTF Marks. In fact, MTA’s current registration will be denying TM’s application to register its WTF marks. As such, both WTF and TM are aggrieved parties within the meaning of section 45(1) of the TMA 1976.

It is not in dispute that when MTA was the member national association of WTF, WTF had allowed MTA to register the trademarks bearing the WTF Marks. PW1, Corbin Kwan-Hong Min, who gave evidence on behalf of WTF, said that under the WTF Rules and Practice, MTA as a member national association that was recognised and endorsed by WTF was allowed to use the WTF brand/logo. He added that: “But this permission or licence to WTF name will only last as long as the WTF organisation recognises a member national association for the country concerned.” (see Q/A 9 /WSPW1) However, it is now the contention of WTF that since MTA is no longer an affiliate of WTF, then the trademarks bearing WTF Marks are wrongfully remaining on the register. “Therefore when the 1st Plaintiff stopped to recognise MTA as the governing body for taekwondo in Malaysia, MTA no longer has the licence to use the WTF name – be it in the official name or on any merchandise or publicity.” (see Q/A 14/WSPW1) PW1 added in Q/A 17/WSPW1: “''MTA’s right to apply for trade marks containing the WTF name and logo – by itself or in part – is dependent on the on the ongoing relationship with the 1st Plaintiff. Once the relationship comes to an end then all those trade marks ought to be transferred to TM or removed. The ongoing existence of these marks in the Malaysian IP registry is in breach of the WTF Rules by MTA.''

''TM is the rightful licensee for the use and exploitation of the WTF name and logo in Malaysia, thus they are permitted to apply for the relevant trade marks. I believe their marks are stuck due to the existence of MTA’s registered marks. This is not very proper of MTA to do so. MTA has not acquired any proprietary rights in the WTF name or logo – they were merely licensees before but not anymore.''” Under cross examination, DW2 admitted that a member national association has the right to use the names WTF and World Taekwondo Federation so long as the member national association is a recognised member of WTF. DW2 gave the following evidence: “SSS: Under the statutes of WTF, WTF gives a member country the right to use the names WTF and World taekwondo Federation and all the logos of WTF, correct?

EDDIE: Yes.

......

''SSS: Yes. So it allows the member nations to use that name, to use WTF. So that right to use, would exist so long as a member national is the recognized member national of WTF. Correct?''

EDDIE: Yes.

''SSS: But the moment that affiliation is terminated, comes to an end, then so does the right to use WTF. Yes?''

EDDIE: I suppose so.” Therefore, I find that WTF is the common law owner of the WTF Marks in Malaysia and that MTA was only permitted and/or licensed to use the WTF Marks by virtue of the consent given by WTF when MTA was an affiliated member national association that was recognised and endorsed by WTF. But once MTA is no longer the affiliated member national association that was recognised and endorsed by WTF, then MTA loses the right to use the WTF Marks. This can be seen from the cease and desist letters issued by WTF in February 2013 and September 2013.

In the premise, I find that the relevant marks registered by MTA which bears or uses the WTF Marks must be expunged from the Register as they are entries which are wrongfully remaining in the Register.

(ii) passing off

As the Plaintiffs’ claim is also premised on the tort of passing – off, our Court of Appeal in the case of Ho Tack Sien & Ors v Rotta Research Laboratorium  [2012] 8 CLJ 645 have applied the House of Lord decision in Reckitt & Colman Products v. Borden Inc  [1990] 1 All ER 873, where it was held that in order to establish an action for passing-off, the Plaintiff must prove the following:

Plaintiff’s Goodwill

The first element is for WTF to establish its goodwill. Goodwill is the property in the business and is likely to be injured by the misrepresentation. (AG Spalding & Bros v AW Gamage Ltd  (1915) 32 RPC 273)

'In The Commissioner of Inland Revenue v Muller & Co’s Margarine Ltd  [1901] AC 217, it was held by Lord Macnaghten at page 223 that ‘Goodwill’' may be defined as the “''benefit and advantage of the good name, reputation and connection with a business, whether it is a business that provides services or manufactures and/or distributes certain products. In other words, goodwill is the attractive force that brings in custom.”''

In the present case, I find that WTF is well-known to the taekwondo fraternity as being the governing body for the sport of taekwondo in the world and if any national association in the world wishes to participate in the Olympics, they would need to be affiliated with WTF. This fact was admitted to by the witnesses for MTA. Therefore, the goodwill in the WTF Mark resides with WTF at all times.

On MTA’s contention that they have built the reputation of the WTF Marks in Malaysia, I find that since the use of the WTF Marks by MTA was pursuant to the licence and/or consent granted by WTF, thus the goodwill accruing there from accrues to the WTF. In Lam Soon (M) Bhd v Forward Supreme Sdn Bhd & Ors  [2001] 4 CLJ, at page 682, Justice Low Hop Bing held as follows: “Since the Plaintiff was merely using the “Lam Soon Knife Label” under license or with the permission of Whang Tar Choung, I am of the view that the goodwill generated by the Plaintiff in relation to its use accrued for the benefit of Whang Tar Choung''. My view is supported by Christopher Wadlow in The Law of Passing – Off 2nd edn at pp. 115 and 116 where the learned author clearly states the legal position on ownership of goodwill as follows:''

'If a valid licence of a name or mark is in operation in respect of the business so carried on accrues to the licensor rather than the licensee. The licence may be expressed or implied. The licence acquires no interest in the name or mark, and must cease using it on termination of the licence' ''... Provided the licence is a valid one, it does not matter that the licensee may be held out as the provider of the goods in question, and may in fact be primarily responsible for their character or quality.”'' (emphasis added)

Misrepresentation Misrepresentation is an essential element of passing off. In Reckitt & Colman Products v. Borden Inc  [1990] 1 All ER 873, Lord Oliver held as follows: “Secondly, he must demonstrate a misrepresentation by the defendant to the public (whether intentional or not) leading or likely to lead the public to believe that the goods or services offered by him are the goods or services of the claimant..”  In Sinma Medical Products (M) Sdn Bhd v Yomeishu Seizo Co Ltd & Ors  [2004] 3 CLJ 831, the Court of Appeal held as follows: “...''It is clear from the authorities that a case in passing off would be established if the likelihood of deception is proved. In other words, proving actual deception is not necessary...'' The question whether the matter complained of amounts to a misrepresentation is a matter for the judge to be decided not just by evidence of confusion but on the assessment of the totality of the evidence before the court.” In respect of misrepresentation, I find that the continued use of the WTF Marks by MTA after WTF had ceased to recognise MTA as its affiliate member national association, amounts to a misrepresentation that it is still affiliated with WTF. The evidence of misrepresentations is as follows: Next, the Plaintiff must also show confusion, as a result of the misrepresentation. The confusion must arise because of an association with the Plaintiff’s business and there is likely damage to the Plaintiff’s goodwill. As Chadwick LJ said in Premier Luggage and bag Ltd v Premier Co (UK) Ltd  [2002] EWCA Civ 387: “The relevant question, in the context of a passing off action, is not whether there is a risk of confusion because of the defendant’s name is similar to the plaintiff’s name; the relevant question is whether the defendant’s use of his name in connection with his goods or his business are, or have some connection with, the goods or the business of the plaintiff – so giving rise to harm, or the risk of harm, to the goodwill and reputation which the plaintiff is entitled to protect....” In the present case, both parties share the same taekwondo sports and target the same customers/students. They are therefore in direct competition with each other. In Leo Pharmaceutical Products Ltd A/S v Kontra Pharma (M) Sdn Bhd  [2009] 5 MLJ 703, the Court held that: “Where the parties’ goods or service are in direct competition with each other, only a small degree of similarity is required to establish the likelihood of confusion.” In the present case, I accept the evidence of PW7 and PW9 who gave evidence that there were parents who were confused with the existence of two (2) associations using the WTF Marks. Therefore, MTA’s continued use of the WTF mark and/or logo for its business is damaging the Plaintiffs’ goodwill and reputation. Members of the public who were to see MTA using the WTF mark and/or logo on its emblem and/or on any advertising material would think that MTA is still affiliated with WTF and hence would send their children to train with MTA hoping to be trained according to the WTF rules and regulations.

Damage

The last element in the tort of passing off is damages. In Reckitt & Coleman v Borden  [1990] WLR 491, Lord Olliver held that: “ He must demonstrate that he suffers or, in a quia timet action, that he is likely to suffer damages by reason of the erroneous belief engendered by the defendant’s misrepresentation that the source of the defendant’s goods or services is the same as the source of those offered by the plaintiff.” In Seet Chuan Seng & anor v Tee Yih Jia Manufacturing Pte Ltd  (1994) 3 CLJ 7, the Supreme Court held that: “''In an action for passing off, damage is also an essential element of the tort and it is necessary for the plaintiff to establish that he has suffered damage. However,'' if the goods in question, as in this case, are in direct competition with one another, the Court will readily infer the likelihood of damage to the plaintiff’s goodwill through loss of sales and loss of exclusive use of the name.” (emphasis added) Similarly in the case of Sinma Medical Products (supra), the Court of Appeal held that: “It is also a prerequisite that the said misrepresentation had deceived or is likely to deceive and that the respondents are likely to suffer damage by such deception (The Law of Passing – Off Unfair Competition by Misrepresentation by Christopher Wadlow, 3rd edn, p 294). But where the products are the same or similar, as in this case, damage is readily inferred (see Chuan Seng & Anor, Supra; J.C Eno, Ltd, supra)” (emphasis added) In the present case, it is not in dispute that the parties are involved in the same sports, taekwondo. Therefore the parties are in direct competition with each other to attract their customers in the sports of taekwondo. As such, premised on the case of Seet Chuan Seng (supra) and Sinma Medical Products (supra), damages are readily inferred in this case.

Therefore, premised on the reasons enumerated above, I am of the considered opinion that the Plaintiffs has established their claim on passing off against the Defendant MTA on the balance of probabilities.

(iii) copyright

I also find that WTF is the owner of the copyright in the logo of the WTF Marks. PW1, Corbin Min, who is the Deputy Secretary General of Legal Affairs at WTF, gave evidence that WTF had spent a lot of money, time and effort in the creation of the WTF Mark and logo. WTF also spends close to USD1.2 million for the purposes of the advertising of the WTF logo.

In fact, MTA’s witnesses had conceded and admitted that the WTF mark and/or logo belong to WTF. This can be seen from the evidence of DW1: “''SSS: Now, the logo I’m referring to is at the bottom there. The ‘w’ seems to be a bit faded, but I think you know what I’m referring to, right? That logo at the bottom. Yes, that’s the one?''

RAJA: Yes.

SSS: Now, is this the logo that you claim in your Counterclaim, belongs to MTA?

RAJA: No.

SSS: So, who owns this logo?

RAJA: This logo owned by WTF.” The WTF mark and/or logo is protected as an artistic work in the form of a graphic work and/or logo under Section 7(1)(c) of the Copyright Act 1987. Logos which are used as Trade Marks have been held to be artistic works which fall within the same meaning of ‘graphic works’. In the case of Dabur India Ltd v Nagasegi Sdn Bhd & Ors  [2011] 7 MLJ 522, the Plaintiff, a company based in India and selling toothpaste under the trade marks ‘Promise’ and ‘Miswak’ claimed that it had copyright in the labels of its products as artistic works in Malaysia. The Court held that the logos of the product were artistic works which could be protected by copyright.

It is also not in dispute that WTF is an entity based in Seoul Korea and the WTF mark and/or logo have been created there. Since Korea is a member of the Berne Convention, therefore WTF’s works is entitled to copyright protection in Malaysia.

In Dabur India Ltd (supra), the Court held the following: “''By virtue of Malaysia’s accession to the Berne Convention for the Protection of Literary and Artistic Works 1886, works published in the state parties to the Convention may enjoy copyright protection in Malaysia even if there has been no first publication in Malaysia. For that reason, the plaintiff being an entity incorporated in India, which was a contracting party to the Berne Convention, was entitled to copyright protection in Malaysia''” In respect of copyright infringement, the Court in Megnaway Enterprise Sdn Bhd v Soon Lian Hock  [2009] 3 MLJ 525 held that the for purposes of direct infringement, it must be established that:

In the present case, there is no dispute with regards to the use of the word WTF by MTA. Added to that there was a causal connection as MTA was a former affiliate of WTF. In the premise, I find that the Plaintiffs have established copyright infringement against the Defendant.

The Counterclaim

(i) whether the termination and/or cessation of MTA membership in WTF is legal

MTA takes the position that the relationship between WTF and MTA was not formally terminated and therefore, the action against MTA is unsustainable. As for passing off the WTF trade mark and copyright infringement, MTA contends that the mark belongs to them. Alternatively, MTA also contends that the MTA-WTF trade mark and copyright belong to them.

Therefore, the crucial issue here is whether the termination and/or cessation of MTA membership in WTF are legal.

It is submission of MTA that the due process for a valid termination of MTA’s membership with WTF was not followed as no notice was issued to MTA and the procedures prescribed under the WTF Statutes were not followed. Learned Counsel for MTA referred to the case of Lee Mew Kwan v Royal Lake Club (through Jasmin bt Mohd Sharif as Secretary and Officer to Kelab Taman Perdana DiRaja Kuala Lumpur)  [2013] 1 MLJ 583, where the Court held that: “Held (1) Although a member like the plaintiff is bound by the constitution and by the laws of the club as they are matters of contract that binds the plaintiff, the implementation of these rules, must be done fairly or seen to be done fairly, and where there is a failure to do so, the court must intervene.” Bearing in mind that since it is MTA’s Counterclaim that it is still an affiliate of WTF, and that the termination was not legal, the onus is on them to prove the same. In this case, it is the contention of MTA that there was no valid termination as the procedures in WTF Statutes have not been followed by WTF. It is not in dispute that MTA’s membership document with WTF is not before this Court. But it is also not in dispute that MTA was a member of WTF since 1970’s.

However, the terms of MTA’s membership with WTF in the 1970’s are not before this Court as the WTF Rules and Regulations before this Court is dated 2009, not 1970’s. From the Statute itself, WTF has amended the Rules and Regulations seventeen (17) times. When PW1 gave evidence, he was directed to the Rules and Regulation dated 2009, not the Rules that was enacted in 1973.

Therefore, I find that MTA cannot rely on the Rules and Regulations as at 2009 because MTA has ceased to pay the membership dues since about 2005. MTA cannot now complain about non compliance of the rules by WTF when it has failed to conform to the same rules and regulations in the first place. MTA’s explanation (see DW2 evidence) the reason why they were not paying the fees, attendance of meetings and participating in WTF events is because “we were still in court” during the period of de- registration. But these grounds are MTA’s own internal problems, not WTF. In the premise, I am of the considered opinion that MTA has failed to establish that it is still an affiliate of WTF on the basis that WTF has failed to follow the rules on the termination, and therefore the termination is invalid.

If I am wrong on the issue of termination, I am of the considered opinion that there was a cessation of MTA membership with WTF based on the non payment of subscription fees, the non participation in WTF events and the non participation in WTF meetings. This happened since the first de-registration in 2005. MTA’s explanation that it was involved in court proceedings are its own internal problems, not WTF.

WTF is an outsider to MTA’s internal problems. The role of WTF is to provide the platform for one association in Malaysia to participate in international competitions for the sports of taekwondo. WTF is not expected to know all the details of the internal squabbling and bickering happening in Malaysia from 2005 to 2010 which led to MTA to be de-registered, not once but twice. As such, I do not find it unreasonable for WTF to conclude that MTA was no longer a legal entity in Malaysia. PW1, who gave evidence on behalf of WTF added: “''As far as the 1st Plaintiff could see, the entire taekwondo fraternity in Malaysia was split into various factions. These factions were at one point part of MTA but over the years, they left MTA and started their own associations – such as MTF and MTCA''.” (see Q&A 15)

“Regarding MTA, we could not sort out who was legitimate anymore, and who would be relied on to advance taekwondo in Malaysia” (Q&A 16) In his evidence, PW1 also said that MTA was recognised by WTF before its de-registration. However, following the problems faced by MTA, WTF no longer has any dealings with MTA after the second de-registration in 2010. In Q&A 16, PW1 added: “When the OCM recognise TM as the new governing body of taekwondo as early as 2010 and under the WTF rules and practices, WTF will endorse the body that is recognised by OCM.

''This happened when the Olympic Council of Malaysia recognise TM or the 2nd Plaintiff to be the sole governing body for taekwondo in Malaysia. With this recognition, the 1st Plaintiff duly endorsed TM/2nd Plaintiff as a WTF endorsed body''.” As such, I find that with the internal problems plaguing MTA, WTF no longer deals with MTA. So when OCM recognizes TM as the sole governing body for taekwondo in Malaysia, WTF then endorsed TM as its member national association. In such circumstances, MTA ceased to be the member national association of WTF for Malaysia as it is clearly provided under Article 4(5) of the Rules and Regulations of WTF that WTF shall approve only one member national association for each country.

Added to that, I also agree with the Plaintiffs that from the non payment of subscription fees, the non participation in WTF events and non participation in WTF meetings, MTA knew that they are no longer the member national association of WTF.

In the event that I am wrong with regards to the cessation issue, I will also not grant the declaration sought by MTA that the termination its membership and/or affiliation with WTF is unlawful.

It is trite law that declaration is a discretionary power of the court. In Mohamed Noor bin Othman & Ors v Haji Mohamed Ismail bin Haji Ibrahim & Ors  [1988] 3 MLJ 82, the Supreme Court held at p 84: “''It is also an established principle consistently followed by our courts that the issuing of a declaration is discretionary. The power to issue a declaration should be exercised with circumspection with a proper sense of responsibility and ought not to be exercised unless the circumstances justify it''.” In Datuk Syed Kechik v Government of Malaysia  [1979] 2 MLJ 101, at page 107 Justice Lee Hun Hoe CJSS said this: “In granting a declaration, the court has to consider the utility of the declaration claimed and the usefulness of the declaration on the one hand as against the inconvenience and embarrassment that may result on the other hand.” In is also trite law that before granting a declaration, the court must consider all relevant factors, including national interest before granting the declaration sought. In the case of Ketua Pengarah Jabatan Alam Sekitar & Anor v. Kajing Tubek & Ors & other Appeals  [1997] 4 CLJ 253, the Court of Appeal held that: “Even if a particular issue may be litigated because it is justiciable, a court may be entitled, in the exercise of its discretion, to refuse discretionary relief after taking into account all the circumstances of the case. The grounds upon which declaratory relief may be refused are fairly well-settled, and include such matters as public interest. The following passage from the second edition of Zamir on “The Declaratory Judgment “, read by Datuk Fong during argument, which deals with the relevance of public interest in the context of an action for a declaration is, in my judgment, of particular assistance in the present case:

In public law proceedings this factor (meaning public interest) is likely to prove of particular importance in determining how discretion should be exercised because where the action challenged by the applicant is that of a public authority the action can affect a large number of individuals.

To grant the applicant relief could therefore, while benefiting him, prejudice the public as a whole, and the court is entitled to have regard to the wider consequences when deciding whether or not to grant relief.”

'There is no dispute that declaratory judgments are in the discretion of the court. Although a plaintiff may establish facts which prima facie entitle him to relief, declaration may nevertheless be refused in the exercise of discretion'. It is not a discretion exercisable at the mere whim and fancy of an individual judge. It is a discretion that is to be exercised in accordance with settled practice and well-established principles that regulate the grant of the remedy. It is a discretion that is capable of correction by an appellate court''.”

(emphasis added) In the case of Kajing Tubek (supra) itself, the Court of Appeal found that the trial judge failed to take into consideration public interest before granting the declaratory orders. The Court added: “''Now, there are passages in the judgment of the learned judge which show that he was conscious that the case involved questions of public and national interest. Yet, it does not appear that he took these matters into consideration. In particular, he failed to ask himself the vital question: are public and national interest served better by the grant or the refusal of the declarations sought by the respondents? In this context, I recall to mind the passage from the textbook by Zamir earlier quoted which highlights the importance of public interest in such matters as the present instance''.

''The affidavit evidence filed on the respondents’ behalf reveals that they were not against development in the national interest. They were merely concerned that, in respect of the project, there should be compliance of written law. In the present instance, there was such compliance because Ekran, in relation to the project, did observe and act in accordance with the provisions of the Ordinance, which we hold to be the written law that is applicable to the facts of this case.''

'It is also to be noted that the learned judge merely found that the justice of the case would be served by the grant of declaratory relief. But he did not, in the process of making such a finding, carry out any balancing exercise which is essential in cases that concern discretionary relief. He certainly took into account the interests of justice from the respondents’ point of view. However he does not appear to have taken into account the interests of justice from the appellants’ point of view as well. This omission fatally flaws the exercise of discretion. Justice is not meant only for the respondents. The appellants are equally entitled to have their share of it.'

''There was, in the circumstances of the present case, a failure on the part of the learned judge to take into account considerations that were highly relevant to the exercise of discretion. The present case is accordingly one that squarely falls within the category of cases in which this court may intervene and exercise a discretion of its own.''

Taking into account all the relevant facts and circumstances of the case, including the public and national interest, and the fact that the remedy, if granted would cause greater harm than if denied, it is the considered view of this court that the declarations sought should be refused''. The learned judge was clearly in error when he decided to grant them.”'' (emphasis added) The national interest here is that there must be continuity in the membership of WTF to enable the Malaysian athletes to participate in international games and/or competition involving the sports of taekwondo. This includes the Olympic Games, the Asian Games, the SEA Games, the ASEAN Games and the Universiade.

MTA has undergone internal problems which led to its first de-registration in 2005, and its second de-registration in 2010, which were subsequently quashed by the courts. But with the passage of time, TM has gained the recognition of both the OCM and WTF. Added to that, WTF only recognise one member national association for each country. This is provided under Article 4(5) of the Rules and Regulations of WTF.

Therefore, to allow MTA’s declaration would only complicate matters and lead to uncertainty, again. This happen during the time when MTA was de-registered and Malaysia was not able to send her athletes to participate in WTF international competitions. PW1 gave evidence that following MTA first de-registration in 2005, there was no official participants from Malaysia in the international competitions for the years 2005, 2006 and 2007. PW1 added: “...''Regrettably there were participants who were all set to take part, there was even a contingent that had gone to Kazakhstan, but they had to sit out their turn and return home without ever having had the chance to participate. For instance in 2005, MCTA wanted to send participants for the 3rd Asian Junior Taekwondo Championship, but MTCA was not recognised by WTF, therefore the participants from MCTA were not allowed to participate in that event. Regrettably, MTA itself had also failed to send any participants or allowed MTCA athletes to go under the banner of MTA''.” I am therefore of the considered opinion that the overriding factor must be the national interest of this country to participate in WTF international events, including the Olympics, through one body, TM which has already been accepted and recognised by both OCM and WTF.

With regard to the issues on trademark and copyright, I am of the considered opinion that the Defendant has no legal right to the marks as it was using the WTF Marks under license only.

Conclusions

Premised on the reasons enumerated above, I am of the considered opinion that the Plaintiffs have established their case on the balance of probability and the Plaintiffs’ claim is allowed with costs. At the same time, I find that the Defendant has failed to establish its Counterclaim on the balance of probability and the same is dismissed with costs.


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 "flowtours" are mentioned, and one named Wicked Tongue is said to have played discordantly. "Floutys ful of armonie" are mentioned by Lydgate (c. 1406), and Caxton, writing about 1483, names the flute several times. In Dunbar's early Scottish poem, The Flyting of Dunbar and Kennedy (c. 1504) we find "Tak thee a fidall or a floyt to jeist." Skelton in his Vox Populi (c. 1529) has a quaint proverbial expression "They may go blow their flute"i.e., whistle for something. The flute is frequently included in the lists of instruments which occur in our early poets. In several cases "flutes" are named as distinct from "recorders," e.g. Hollands' Pliny, v. 1 (1601), "the flute and single pipe or recorder" (see also p. 34, ante).

Shakespeare mentions both the flute and recorder, and also the fife. I need not here refer to the famous passage about the recorder in Hamlet (iii. 2). The flute is named twice in Antony and Cleopatra: in act ii., 7, 137, flutes, drums, and trumpets are mentioned, and in the description of Cleopatra's barge (ii., 2, 199)"The oars were silver, which, to the tune of flutes, kept stroke"(which is taken almost verbatim from North's Plutarch, c. 1580: Plutarch's word is αὐλόν, which North translates "flutes").

Shakespeare always refers to the fife along with the drum: "I have known when there was no music with him but the drum and fife" (Much Ado Abont Nothing, ii., 3, 14); "The trumpets, sackbuts, psalteries and fifes, tabors and cymbals and the shouting Romans, make the sun


text: Index:The Commonweal (IA 0544678.0001.001.umich.edu).pdf


text: Page:The Commonweal (IA 0544678.0001.001.umich.edu).pdf/1


text: Page:The Commonweal (IA 0544678.0001.001.umich.edu).pdf/2


text: Page:The Commonweal (IA 0544678.0001.001.umich.edu).pdf/3


text: Page:The Commonweal (IA 0544678.0001.001.umich.edu).pdf/4


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werden, Robert


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werdnam, Robert


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werge


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werge, John


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Werge, Richard


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wergley


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Weriot, William


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wescomb, Clement


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wescomb, George


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wescombe, George


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wescombe, John (2)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wescombe, Justinian


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wescombe, Martin


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wescombe, John (1)


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]

Rh

 beg our readers' leave for a few words in which to introduce to them this Socialist journal, In the first place we  them to understand that the Editor and Sub-Editor of  are acting as delegates of the Socialist League, and under its direct control; any slip in principles, therefore, any mis-statement of  or tactics of the League, are liable to correction from the representatives of that body.

As is the conduct of, it must be remembered that it has one aim—the propagation of Socialism. We shall not, therefore, make any excuses for what may be thought journalistic shortcomings, if we can but manage to attract attention to the study of our principles from those who have not yet thought of Socialism, or who are, as often happens, bitterly hostile to them through ignorance; or if we can help those whose feelings are drawing them towards the cause of the workers, but who need definite instruction as to its aims and methods. To awaken the sluggish, to strengthen the waverers, to instruct the seekers after truth; these are high aims, yet not too high a journal that claims to be Socialistic, we hope by patience and zeal to accomplish them.

It is our duty to attack unsparingly the miserable system which would make all civilisation end in a society of rich and poor, of slaves and slave-owners. In all its details we must attack it; but in doing so we shall avoid mere personalities, not for the sake of escaping the of bad taste and bitterness, which doubtless will in any case be flung at us, but because it is illogical to attack, those men, monstrous as their position is, who are themselves mere helpless wheels in the terrible machines of modern commerce. To attack such persons, unless they put themselves forward as the representatives of system, implies the belief that the decency or benevolence of their  would usefully palliate the evils of that system; an implication against which we protest from the outset.

will only deal with political matters when they directly affect the progress of the Cause. We assume as a matter of : that a government of privileged persons, hereditary and commercial, cannot act useful or rightly towards the community; their position forbids it; their arrangements for the distribution of the blunder of the workers, their struggles for the national share of the exploitation of barbarous peoples are nothing to us except so far as they may give us an opportunity of instilling Socialism into men's minds, or of organizing discontent into Socialism.

We invite from all, Socialists or others, free discussion of anything we put forward, in the belief that even an uninstructed attack may elicit useful information which might otherwise have lain dormant.

Our articles will, for the most part, be of an educational nature: there will be a series on historical revolutions, expositions of the scientific basis of Socialism, and contributions from men of various personalities.

Lastly, a word of appeal, to the workers chiefly. It is not only that whatever we say professedly directly in their interest: much more it  through them alone, through the slaves of society, we look for  regeneration, for its elevation from its present corruption and. We cannot pretend to think that they, the workers, as yet much of the principles of the cause that rests upon them, of their own cause, in fact. We beseech them to help us in spreading knowledge of those principles amongst their fellows, that as we believe they will now find us honest, so their support may make us resolute, patient, and hopeful—in a word, successful in our efforts for the adherence of the cause we have at heart. WILLIAM MORRIS.

We come before you as a body advocating the principles Revolutionary International Socialism; that is, we seek a change  the basis of Society—a change which would destroy the distinctions  classes and nationalities.

As the civilized world is at present constituted, there are two classes of Society—the one possessing wealth and the instruments of its production, the other producing wealth by means of those instruments but only by the leave and for the use of the possessing classes.

These two classes are necessarily in antagonism to one another. The possessing class, or non-producers, can only live as a class on the unpaid labour of the producers—the more unpaid labour they can wring out of them, the richer they will be; therefore the producing class—the workers—are driven to strive to better themselves at expense of the possessing class, and the conflict between the two  ceaseless. Sometimes it takes the form of open rebellion, sometimes of strikes, sometimes of mere widespread mendicancy and crime; but it is always going on in form or other, though it may not always be obvious to the thoughtless looker-on.

We have spoken of unpaid labour; it is necessary to explain what that means. The sole possession of the producing class in the power of labour inherent in their bodies; but surprise, as we have already said, the rich classes possess all the instruments of labour, that is, the land, capital, and machinery, the producers or workers are forced to their sole possession, the power of labour, on such terms as the possessing class will grant them.

These terms are, that after they have produced enough to keep them in working order, and enable them to beget children to take their places when they are worn out, the surplus of their products shall belong to the possessors of property, which bargain is based on the fact that every man working in a civilised community can produce more that he needs for his own sustenance.

This relation of the possessing class to the working class is the essential basis of the system of producing for a profit, on which our modern Society is founded. The way in which it works is as follows. The manufacturer produces to sell at a profit to the broker or factory, who in his turn makes a profit out of his dealings with the merchant who again sells for a profit to the retailer, who must make his profits out of the general public, aided by various degrees of fraud and adulteration and the ignorance of the value and quality of goods to which this system has reduced the consumer.

The profit-grinding system in maintained by competition, or veiled war, not only between the conflicting classes, but also within the classes themselves: there is always war among the workers for bare subsistence, and among their masters, the employers and middle-men, for the share of the profit wrung out of the workers; lastly, there is competition always, and sometimes open war, among the nations of the civilised world for their share of the world-market. For, indeed, all the rivalries of nations have been reduced to this too—a degrading struggle for their share of the spoils of the barbarous used at home for that purpose of increasing the riches of the  and the poverty of the poor.

For, owning to the fact that goods are made primarily to sell, and only secondarily for use, labour is wasted on all hands; since the pursuit of profit compels the manufacturer competing with his fellows to force his wastes on the markets by means of their cheapness, whether there is any real demand for them or not. In the words of the Communist manifesto of 1847:—

“Cheap goods are their artillery for battering down Chinese walls and for overcoming the obstinate hatred entertained against foreigners by nations: under penalty of ruin the Bourgeosie


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", there's a lot more stuff coming down the river than has at any time yet," remarked Blake, as he and his friends sat in the cabin of the Clytie, while she made her way in the flooded stream. "Look at those big logs, and parts of houses!"

"Yes, and we've got to be careful," said Mr. Ringold, who had relinquished the wheel to Joe. "First thing we know we may bump into a log, and have a hole stove into us. Then we will have trouble!"

"Oh, I guess" began C. C., when there came a bump on the port bow of the craft.

"What's that?" cried the manager, leaping to his feet.

"Only a little log," answered Joe. "I didn't see it until I was right on top of it, or I could have steered out of the way."

"I was going to say I guessed nothing would


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90 happen," went on C. C., "but I reckon I was a bit mistaken."

"If it's nothing worse than that we won't kick," murmured Blake. "Still you never can tell. I'll come up there, Joe, and help you keep a lookout for big bits of wreckage."

"It would be a good idea to have two at the wheel," said Mr. Ringold. "We'll do that after this, and we won't try to do any night travel—we'll just tie up at dark, wherever we can."

"There must be a worse flood up above, than there was at first, to bring all this stuff down," observed Joe, when he and Blake were on duty. "Whole villages must have been swept away, to judge by the pieces of houses I've seen."

"Yes, and farm-places, too," added Blake, as he pointed to a part of a wrecked barn swirling around in the water.

A little later they passed a village, partly submerged, and as they swung in close to it Mr. Ringold shouted questions as to the possible whereabouts of his lost players. No one, however, knew anything about them. They seemed to have disappeared.

Whenever Blake and Joe saw interesting sights they used the moving picture cameras to advantage. But much of the desolate scenery along the flooded river was of the same character, and


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Rh they wanted to save their films for more dramatic situations.

Though the river was higher, the rain, which had ceased that morning, did not commence again, and the skies seemed much brighter.

"I don't know much about the weather conditions out here," said Mr. Ringold, "but it looks to me as though it were going to clear."

"I hope so," murmured Mr. Piper. "It feels as if I'd never get dried out."

It was indeed damp, muggy and sticky. The moving picture boys, too, found difficulty in getting satisfactory results under such weather conditions, but they did the best they could.

"What are you doing?" asked Joe of Blake, on the afternoon of the day they had left the levee.

"Making some waterproof covers for the exposed film," was the answer.

"To keep it dry from the rain?"

"No, to keep it dry in case we—well, in case anything happens, as Mr. Piper would say."

"What do you mean?" Joe wanted to know.

"I mean we may have an accident at any time. While this motor boat is a good one, she may be wrecked, especially when we get down to the lower river, where the flood is sure to be worse. There'll be more debris there, and we


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92 may easily be stove in, crushed or upset."

"Say, you're worse than he is, lately," cried Joe, with a nod at Mr. Piper, who was out on the stern deck.

"No, I only want to take all precautions," Blake went on. "We've got some valuable films here, and if they fall into the water they'll be spoiled. It was bad enough for Munson, or whoever it was, to take our other films, and I don't want to lose these in the flood. So I'm going to stow them away in water-tight boxes, as fast as we expose them."

In anticipation of water troubles the boys had brought along some sheets of rubberized cloth, and this was now used to line, and wrap about and seal up, small boxes, in which the exposed films could be packed. Thus it was hoped to save them.

Dinner had been eaten aboard the boat, and then, as they proceeded, they stopped at several places along the flooded Mississippi, to make inquiries for the missing ones.

But so many persons had either been carried away by the great flood, or driven from their homes, and so many unfortunate occurrences filled the minds of the people, that no one could remember, or tell about, any missing moving picture players.


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426

Society of Edinburgh. Proceedings, v. 9. 12°. Edinburgh, Neill & co., 1878, pp. 44-58, 2 col'd maps.

(Wilmot). See (Edwin, editor). All the world over. 1877.

(J: Francis). Frost and fire, natural engines, tool-marks and chips with sketches taken at home and abroad by a traveller. 2 v. 1 pl. 2 maps 118 ills. 8° Edinburgh, Edmonston & Douglas, 1865.

Contains: Observations relating to Norway, v. 1, pp. 180-359. Iceland, v. 1, pp. 413-443.

(J: Robert). How to see Norway. 1 map. 2 pl. London, Longmans, Green, & co., 1871.

(C: J: Spencer G:, 3d Baron Garvagh). The pilgrim of Scandinavia. Ills. 8°. London, S. Low, Marstond Searle, 1875.

. King of Sweden. A remonstrance of his sacred royal majesty of Sweden, unfolding the grounds and causes whereby his said majesty was constrained to continue the war brought on him by the king and kingdom of Denmark after the peace was ratified at Roskild, but neither pursu'd nor duly observ'd by the Danes. Anno. 1658. Sm. 4° London, M. Wood for D. Pakeman, 1659.

(O.) A memorandum concerning the use of intoxicating liquors in Sweden, the amount of crime produced by them, and their effects on the health and prosperity of the people, in reply to inquiries made on behalf of the state board of health of Massachusetts. 8°. Stockholm, P. A. Norstedt & söner, 1872.

(T:) Early kings of Norway. In "Fraser's magazine." v. 91, n. s. v. 11. 8° London, Longmans, Green & Co., no. 61,. Jan. 1875, pp. 1-26: no. 62, Feb. 1875, pp. 135-155: no. 63, March, 1875, pp. 273-288.

——— The same. In "Littell's living age." 8°. Boston, Littell & Gay, v. 124, 5th s. v. 9, 1875, no. 1605, March 13, pp. 694-704: no. 1606, March 20, pp. 755-764: no. 1607, March 27, pp. 794-810: v. 125, 5th s. v. 10, no. 1608, April 3, 1875, pp. 22-33.

——— The same: The early kings of Norway: also an essay on the portraits of John Knox. 1 port. 12°. London, Chapman & Hall, 1875.

——— On heroes, hero-worship and the heroic in history. 8° London, Chapman & Hall, 1870. [T: Carlyle's collected works. Library ed. v. 12.]

Contains: The hero as divinity. Odin, paganism: Scandinavian mythology, pp. 148: Summary, pp. 291-292.


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Rh Then, too, at several of the towns, the levees were in danger, and all available help was engaged in making them stronger. It was a time of stress and trouble for all.

After leaving one small city, that was threatened by the rising river, our friends proceeded well out in the stream, as they had been informed a dangerous "cut-off" had formed just below, and they might be drawn into it, and stranded in a big swamp.

"We'll avoid that, if we can," said Mr. Ringold, as they came within sight of the "cutoff," and saw where the stream had divided.

The manager was at the wheel, and, as he put it hard over, so as to give the dangerous current an extra wide berth, the motor unexpectedly stopped.

"What's the matter?" cried Mr. Ringold, as he noticed, with alarm, that they were being drawn into the "cut-off."

"Motor's gone dead!" cried Blake, as he sprang toward it. "I will see if I can start it."

But though he turned and turned again the flywheel, the machine would not go. It was rather an old-fashioned one, and worked hard.

"Got plenty of gasoline?" asked Joe, coming up to the help of his chum.

"There was half an hour ago, and we can't


text:
The Commonweal

Volumes

 * Volume 1 (1885)
 * Volume 2 (1886)
 * Volume 3 (1887)
 * Volume 4 (1888)
 * Volume 5 (1889)
 * Volume 6 (1890)

Common and Notable Contributors
Many authors do not use their full name when noting their authorship in their articles. This section may be used to identify common authors who are likely to be responsible for such works.
 * Edward Bibbins Aveling
 * Ernest Belfort Bax
 * Friedrich Engels
 * Frank Kitz
 * Paul Lafargue
 * William Morris (as editor in all volumes; as author in certain individual sections)
 * Charles Wilfred Mowbray
 * George Bernard Shaw
 * Sergey Mikhaylovich Stepnyak-Kravchinsky
 * Édouard Vaillant

title: The Commonweal


text:
The Commonweal/Volume 1

 * Number 1 (February)
 * Number 2 (March)
 * Number 3 (April)

title: The Commonweal/Volume 1


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94 have used up all in the tank yet. Besides, we've got a barrel in reserve."

"I'll put some in, anyhow!" cried Joe. But, when this was done, the motor still refused to go, and they were being carried by the current nearer and nearer to the dangerous place.

"Let me try," suggested Mr. Ringold. "Here, you boys steer, though you can't really do much without power to give us more headway than we've got."

Again and again he spun the wheel, but it seemed of no use. The motor remained dead. Then, as Mr. Piper came up to see if he could lend any aid, he saw a small dangling wire, that no one appeared to have noticed, or attended to.

"Is that the trouble?" he asked. "That loose wire?"

"That's it—the ignition!" cried Mr. Ringold. "I'll have it fixed in a jiffy now. Though I don't know as we can make it," he added, as he noticed how near they were to the treacherous "cut-off."

But he was not one to give up easily, nor were his companions. The broken wire was hastily joined, and then, with the electric current in proper shape, when the flywheel was spun again, the motor responded with a welcome roar and throb.


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Rh "Now see if we can make it!" cried Mr. Ringold, as he took the wheel. "It's a bare chance!"

It was, and how slender the boys did not realize until later. The powerful current pulled and tugged at them, to force them off the course, and into a branch of the stream that ended in a dismal swamp.

But the Clytie was a stanch craft, and was in good hands. Slowly but surely she fought her way against the cross-current, pulling away from danger.

"I'm giving her all the gas she can take," murmured Mr. Ringold, as he advanced the throttle to its limit, and set the spark timer at its most advantageous position. "She can't do any more!"

Blake and Joe stood ready to do all possible, but it was not much. They had to depend on the motor. And that machine made good. The propeller, beating the muddy water to foam, slowly shoved the craft ahead, and to one side, until, finally, the pull of the cross-current was lessened. Then, gathering speed, the boat made her way into the main channel.

"Safe—for a while at least!" cried Mr. Ringold.

The danger to which they had been exposed


text: The Commonweal/Volume 1/Number 1

title: The Commonweal/Volume 1/Number 1


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96 rather unnerved them for the time being. All that afternoon they kept on down the great river, the boys taking occasional pictures. The rain, still held off, for which they were very thankful.

"And now we'd better look for a good place at which to tie up for the night," remarked Mr. Ringold, when preparations for supper were under way.

"That looks like a good place, just around that bend," spoke Blake, pointing to it.

"We'll make for it," decided the manager.

As they went along they found that the bend was caused by a "cut-off" having made a new channel for itself, to the left of the main stream. This "cut-off" was larger and deeper than any they had yet encountered. It was bringing down a mass of debris, too, and some care had to be used in navigating near it.

"That will do for a place to spend the night," decided Mr. Ringold, as he shifted his course slightly. They were behind a wooded point, and, as they rounded it, the two boys uttered cries of astonishment.

For, coming straight toward them, was a small house, turned completely upside down in the water.


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arose, on the following morning, with the sun, arid, ordering his own and Marmaduke's steeds to be saddled, he proceeded, with a countenance that was big with some business of unusual moment, to the apartment of the Judge. The door was unfastened, and Richard entered, with the freedom that characterized, not only the intercourse between the cousins, but the ordinary manners of the Sheriff.

"Well, 'duke, to horse," he cried, "and I will explain to you my meaning in the allusions I made last night. David says, in the Psalms—no, it was Solomon, but it was all in the family—Solomon said, there was a time for all things; and, in my humble opinion, a fishing party is not the moment for discussing important subjects—Ha! why what the devil ails you, Marmaduke? an't you well? let me feel your pulse; my grandfather, you know"

"Quite well in the body, Richard," interrupted the Judge, repulsing his cousin, who was about to

title: Page:Pioneersorsource02cooprich.djvu/89


text: The Moving Picture Boys and the Flood/Chapter 11


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 assume the functions that properly belonged to Dr. Todd: "but ill at heart. I received letters by the post of last night, after we returned from the point, and this among the number."

The Sheriff took the letter, but without turning his eyes on the writing, for he was examining the appearance of the other with astonishment. From the face of his cousin, the gaze of Richard wandered to the table, which was covered with letters, packets, and newspapers; then to the apartment, and all that it contained. On the bed there was the impression that had been made by a human form, hut the coverings were unmoved, and every thing indicated that the occupant of the room had passed a sleepless night. The candles were burnt to the sockets, and had evidently extinguished themselves in their own fragments. Marmaduke had drawn his curtains, and opened both the shutters and the sashes, to admit the balmy air of a spring morning; but his pale cheek, his quivering lip, and his sunken eye, presented, altogether, so very different an appearance from the usual calm, manly, and cheerful aspect of the Judge, that the Sheriff grew each moment more and more bewildered with his astonishment. At length Richard found time to cast his eyes on the direction of the letter, which he still held unopened, crumbling it in his hand.

"What! a ship letter!" he exclaimed; "and from England! ha! 'duke, here must be news of importance indeed!"

"Read it," said Marmaduke, waving his hand for silence, and pacing the floor in excessive agitation.

Richard, who commonly thought aloud, was unable to read a letter, without suffering part of its contents to escape him in audible sounds. So much of the epistle as was divulged in that man-

title: Page:Pioneersorsource02cooprich.djvu/90


text: The Commonweal/Volume 1/Number 1/Introductory


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Page:History of the Literature of the Scandinavian North.djvu/445

Rh

——— See (François Marie Arouët de). The history of Charles XII. 1859.

(Sir J:) A northern summer; or travels round the Baltic, through Denmark, Sweden, Russia, Prussia, and part of Germany, in the year 1804., 11 pl. 4°. London, R. Phillips, 1805.

——— The same: 8°. Philadelphia, T: Clarke, 1805.

(J: Dean). A summer in Norway; with notes on the industries, habits, customs and peculiarities of the people, the history and institutions of the country, its climate, topography and productions. Also, an account of the red-deer, reindeer and elk. 1 port. 5 pl. 8°. Chicago, Jansen, McClurg & Co., 1875.

(Jean Pierre Guillaume). A general view of Sweden: containing, besides a geographical description of the country, an account of its constitution, religion, civil and criminal laws, population, natural riches, external and internal commerce, finances, money, weights, and measures: together with the manners and customs of its inhabitants, the present state of the arts and sciences in that kingdom, and the form of government as established in 1772. Translated from the French. 8°. London, for G. G. J. & J. Robinson, 1790.

(H.) Old Norse fairy tales. [1881.] See (Sir G:) and.

(Joseph, M. P.) A visit to Lapland, with notes on Swedish licensing. In "The Fortnightly review." v. 26, n. s. v. 20. 8° London, Chapman & Hall, no. 157, n. s. no. 120, Dec. 1, 1876, pp. 691-708.

——— The same, extract: Nature and life in Lapland. In "The Popular science monthly." v. 10. 8° New York, D. Appleton & co., no. 58, Feb. 1877, pp. 450-459.

(Robert). Personal observations on terraces, and other proofs of changes in the relative level of sea and land, in Scandinavia. In "The Edinburgh new philosophical journal. Conducted by Robert Jameson." v. 48. 8° Edinburgh, A. & C. Black, no. 95, Jan. 1850, pp. 68-92, 1 pl. 1 map.

——— Tracings of Iceland and the Faröe Islands. In "Chambers's journal of popular literature, science and arts." v. 4 [n. s.] 8° ''Edinburgh. W: & R. Chambers'', 1855, no. 87, Sept. 1, pp. 129-131: no. 88, Sept. 8, pp. 153-155: no. 89, Sept. 15, pp. 164-166: no. 90, Sept. 22, pp. 183-185: no. 91, Sept. 29, pp. 199-201: no. 92, Oct. 6, pp. 217-219: no. 93, Oct. 13, pp. 234-236: no. 94, Oct. 20, pp. 249-251; no. 95. Oct. 27, pp. 260-262: no. 96, Nov. 3, pp. 282-284.


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 ner, we shall lay before the reader, accompanied by the passing remarks of the Sheriff:—

"'London, February 12th, 1793.' What a devil of a passage she had! but the wind has been northwest, for six weeks, until within the last fortnight. 'Sir, your favours, of August 10th, September 23d, and of December 1st, were received in due season, and the first answered by return of packet. Since the receipt of the last, I'—Here a long passage was rendered indistinct, by a most significant kind of humming noise, made by the Sheriff. 'I grieve to say, that'— hum, hum, bad enough, to be sure—'but trust that a merciful Providence has seen fit'—hum, hum, hum; seems to be a good, pious sort of a man, 'duke; belongs to the established church, I dare say; hum, hum—'vessel sailed from Falmouth on or about the 1st September of last year, and'—hum, hum, hum. 'If any thing should transpire, on this afflicting subject, shall not fail'—hum, hum; really a good-hearted man, for a lawyer—'but can communicate nothing further at present'—Hum, hum. 'The national convention'—hum, hum—'unfortunate Louis'—hum, hum—'example of your Washington'—a very sensible man, I declare, and none of your crazy democrats. Hum, hum—'our gallant navy'—hum, hum—'under our most excellent monarch',—ay, a good man enough, that King George, but bad advisers; hum, hum—'I beg to conclude with assurances of my perfect respect,'—hum, hum—''—Andrew Holt a very sensible, feeling man, this Mr Andrew Holt—but the writer of evil tidings. What will you do next, cousin Marmaduke?"

"What can I do, Richard, but trust to time, and the will of Heaven? Here is another letter, from Connecticut, but it only repeats the sub-

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 stance of the last. There is but one consoling reflection to be gathered from the English news, which is, that my last letter was received by him before the ship sailed."

"This is bad enough indeed! 'duke, bad enough indeed! and away go all my plans of putting the wings to the house, to the devil. I had made my arrangements for a ride, to introduce you to something of a very important nature. You know how much you think of mines"

"Talk not of mines," interrupted the Judge; there is a sacred duty to be performed, and that without delay. I must devote this day to writing; and thou must be my assistant, Richard; it will not do to employ Oliver in a matter of such secrecy and interest."

"No, no, 'duke," cried the Sheriff, squeezing his hand, "I am your man, just now; we are sisters' children, and blood, after all, is the best cement to make friendship stick together. Well, well, there is no hurry about the silver mine, just now; another time will do as well. We shall want Dirky Van, I suppose?"

Marmaduke assented to this indirect question, and the Sheriff relinquished all his intentions, on the subject of his ride, and, repairing to the break fast parlour, he despatched a messenger to require the immediate presence of Dirck Van der School.

The village of Templeton, at that time, supported but two lawyers, one of whom was introduced to our readers in the bar-room of the "Bold Dragoon," and the other was the gentleman of whom Richard spoke, by the friendly, but familiar appellation of Dirck or Dirky Van. Great good nature, a very tolerable share of skill in his profession, and, considering the circumstances, no contemptible degree of honesty, were the principal ingredients to be found in the character of

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 this man; who was known to the settlers as Squire Van der School, and sometimes by the flattering, though anomalous title of "the Dutch," or "honest lawyer." We would not wish to mislead our readers in their conceptions of any of our characters, and we therefore feel it necessary to add, that the adjective, in the preceding agnomen of Mr. Van der School, was used in direct reference to its substantive. Our orthodox friends need not be told that all merit in this world is comparative; and, once for all, we desire to say, that where any thing which involves qualities or character is asserted, we must be understood to mean, "under the circumstances."

During the remainder of the day, the Judge was closeted with his cousin and his lawyer; and no one else was admitted to his apartment, excepting his daughter. The deep distress, that so evidently afflicted Marmaduke, was, in some measure, communicated to Elizabeth also; for a look of dejection shaded her intelligent features, and the buoyancy of her animated spirits was sensibly softened. Once, on that day, young Edwards, who was a wondering and observant spectator of the sudden alteration produced in the heads of the family, detected a tear stealing over the cheek of the heiress, and suffusing her bright eyes, with a softness that did not always belong to their proud and laughing expression.

"Have any evil tidings been received, Miss Temple?" he inquired, with an interest and voice that caused Louisa Grant to raise her head from her needle-work, with a quickness, at which she instantly blushed herself. "I would offer my services to your father, if, as I suspect, he needs an agent in some distant place, and I thought it would give you relief."

"We have certainly heard bad news," returned

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 Elizabeth, "and it may be necessary that my father should leave his home, for a short period; unless I can persuade him to trust my cousin Richard with the business, whose absence from the county, just at this time, too, might be inexpedient."

The youth paused a moment, and the blood gathered slowly to his temples, as he continued—

"If it be of a nature that I could execute"

"It is such as can only be confided to one we know—one of ourselves."

"Surely, you know me, Miss Temple!" he added, with a warmth that he seldom exhibited, but which did sometimes escape him, in the moments of their frank communications—"Have I lived five months under your roof, and yet a stranger!"

Elizabeth was engaged with her needle, also; and she bent her head to one side, affecting to arrange her muslin; but her hand shook, her colour heightened, and her eyes lost their moisture in an expression of ungovernable interest, as she said-

"How much do we know of you, Mr. Edwards?"

"How much!" echoed the youth, gazing from the speaker to the mild countenance of Louisa, that was also illuminated with awakened curiosity; "how much! have I been so long an inmate with you, and not known?"

The head of Elizabeth slowly turned from its affected position, and the look of confusion that had blended so strongly with an expression of interest, changed to a smile of archness, as she answered—

"We know you, sir, indeed: you are called Mr. Oliver Edwards. I understand that you have informed my friend, Miss Grant, that you are a native"

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text:
Wikisource:WikiProject Film/Drafts/Archives/The Phantom of the Opera (1925 film, Eastman print)

User: M-le-mot-dit

File: The Phantom of the Opera.webm

Author: Rupert Julian

Publisher: Universal Pictures

Year: 1925

PD: PD/US|1943|film=yes

Note: An American silent horror film, adaptation of Gaston Leroux's 1910 novel The Phantom of the Opera. Several version were released; this one is known as Eastman print with Technicolor Bal Masque sequence.

Cat: Drama film, Horror film, Films based on books, Films with historical settings

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 "Elizabeth!" exclaimed Louisa, blushing to her eyes, and trembling like an aspen; "you misunderstood me, dear Miss Temple; I—I—it was only conjecture. Besides, if Mr. Edwards is related to the natives, why should we reproach him! in what are we better? at least I, who am the child of a poor and unsettled clergyman?"

Elizabeth shook her head, doubtingly, and even laughed, but made no reply, until, observing the melancholy which pervaded the countenance of her companion, who was thinking of the poverty and labours of her father, she continued—

"Nay, Louisa, your humility carries you too far. The daughter of a minister of the church can have no superiors. Neither I nor Mr. Edwards is quite your equal, unless," she added, again smiling, "he is in secret a king."

"A faithful servant of the King of kings, Miss Temple, is inferior to none on earth," said Louisa; "but his honours are his own; I am only the child of a poor and friendless man, and can claim no other distinction. Why, then, should I feel myself elevated above Mr. Edwards, because—because—perhaps, he is only very, very distantly related to John Mohegan?"

Glances of a very comprehensive meaning were exchanged between the heiress and the young man, as Louisa betrayed, while vindicating his lineage, the reluctance with which she admitted his alliance to the old warrior; but not even a smile at the simplicity of their companion was indulged by either.

"On reflection, I must acknowledge that my situation here is somewhat equivocal," said Edwards, "though I may be said to have purchased it with my blood."

"The blood, too, of one of the native lords of

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Rh by competition the universal adoption of their system of they force all nations to accept what is called civilisation  become Bourgeois—and thus the middle-class shapes the world  its own image.”

Moreover, the whole method of distribution under this system is of waste; for its employs whole armies of clerks, travellers, shop-, advertisers, and what not, merely for the sake of shifting money then one person's pocket to another's; and this waste in production  waste in distribution, added to the maintenance of the useless lives of the possessing and non-producing class, must all be paid for out of the products of the workers, and is a ceaseless burden on their lives.

Therefore the necessary results of this so-called civilisation are only obvious in the lives of its slaves, the working-class—in the anxiety and want of leisure amidst which they toil, in the squalor and  in those parts of our great towns where they dwell; in the degradation of their bodies, their wretched health, and the shortness of their lives; in the terrible brutality so common among them and which is indeed but the reflection of the cynical selfishness found among the well-to-do classes, a brutality as hideous as the other; and lastly, in the crowd of criminals who are as much manufacturers of our commercial system as the cheap and nasty wares which are made at  for the consumption and the enslavement of the poor.

What remedy, then, do we propose for this failure of our civilisation, which is now admitted by almost all thoughtful people?

We have already shown that the workers, although they produce all the wealth of society, have no control over its production or distribution: the people, who are the only really organic part of society, are treated as a mere appendage to capital—as a part of its machinery. This must be altered from the foundation: the land, the capital, the machinery, factories, workshops, stores, means of transit, mines, banking, all means of production and distribution of wealth, most be declared and treated as the common property of all. will then receive the full value of his labour, without for the profit of a master, and as all will have to work, and the  by the pursuit of profit will be at an end,  of labour necessary for every individual to  in order  on the essential work of the world will be reduced to something like two or three hours daily; so  will have abundant leisure for following intellectual  to his nature.

method of production and distribution would to live decently, and free from the sordid anxieties for  which at present weigh so heavily on the greatest part of mankind.

But, moreover, men's social and moral relations would be seriously modified by this gain of economical freedom, and by the collapse of the superstitions, moral and other, which necessarily accompany a state of economical slavery: the test of duty would now rest on the fulfilment of clear and well-defined obligations to the community rather than on the moulding of the individual character and actions to some preconceived standard outside social responsibilities.

Our modern bourgeois property-marriage, maintained as it is by its necessary complement, universal venal prostitution would give place to kindly and human relations between the sexes.

Education freed from the trammels of commercialism on the one and superstition on the other, would become a reasonable drawing of men's varied faculties in order to fit them for a life of social intercourse and happiness; for mere work would no longer be proposed as the end of life, but happiness for each and all.

Only by such fundamental changes in the life of man, only by the transformation of Civilisation into Socialism, can those miseries of the world before-mentioned be mended.

As to mere politics, Absolutism, Constitutionalism, Republicanism, have all been tried in our day and under our present social system, and all have alike failed in dealing with the real evils of life.

But, on the other hand, will certain incomplete of social  now before the public solve the question.

Co-operation so-called—that is, competitive co-operation for profit—would merely increase the number of small joint-stock capitalists, under the mask of creating an aristocracy of labour, while it would intensify the severity of labour by its temptations to overwork.

Nationalisation of the latid alone, which many earnest and sincere are now preaching, would be useless so long as labour was subject to the fleecing of surplus value inevitable under the Capitalist system.

The better solution would be that State Socialism, but whatever name be called, whose aim it would be to snake concessions to the  class while leaving the present system of capital and wages : no number of merely administrative changes until the workers are in possession of all political power, would  real approach to Socialism.

The Socialist League therefore aims at the realisation of complete Revolutionary Socialism, and well knows that this can never happen any one country without the help of the workers in all civilisations. For us neither geographical boundaries, political history, race, nor creed makes rivals or enemies; for us there are no nation but our varied masses of workers and friends, whose mutual sympathies are checked or perverted by groups of master and fleecers whose interest is to stir up rivalries and hatreds between the dwellers in different.

It is clear that for all these oppressed and cheated masses of workers and their masters a great change is preparing: the dominant classes are uneasy, anxious, touched in conscience even, s to the condition of those they govern; the markets of the world ar being competed on with an eagerness never before known; everything points to the fact that the great commercial system is becoming unmanageable, and is slipping from the grasp of its present rulers.

The one change possible out of all this is Socialism. As chattel slavery passed into serfdom, and serfdom into the so-called free-labour system, so most surely will this latter pass into social order.

To the realisation of this change the Socialist League addresses itself with all earnestness. As a means thereto it will do all in its power towards the education of the people in the principles of this great cause, and will strive to organise those who will accept this education so that when the crisis comes, which the march of events is preparing there may be a body of men ready to step into their due places and deal with and direct the irresistible movement.

Close fellowship with each other, and steady purpose for the advancement of the Cause, will naturally bring about the organisation and discipline amongst ourselves absolutely necessary to success; but we shall look to it that there shall be no distinctions of rank or dignity amongst us to give opportunities for the selfish ambition of leadership which has so often injured the cause of the workers. We are working for equality and brotherhood for all the world, and it is only through equality and brotherhood that we can make our work effective.

Let us all strive, the, towards this end of realising the towards social order, the only cause worthy the attention of the workers of all that are proffered to them; let us work in that cause patiently, yet hopefully, and not shrink from making sacrifices to Industry in learning its principles, industry in teaching them, are most necessary to our progress; but to these we must add, if we wish to avoid speedy failure, frankness and fraternal trust in each other, and single-hearted devotion to the religion of Socialism, the only religion which the Socialist League professes.

seem at the present time to have arrived at the acute stage of the colonial fever which during the past three or four years has afflicted the various powers of Europe. Germany is vying with France, England with both, in the haste to seize upon “unoccupied” and to establish “protectorates”—the cant diplomatic for  annexation—over uncivilised peoples. “The rivalry among the for their share of the world market” (to quote the words of our manifesto) must now, one would think, have discovered itself to  the casual newspaper reader as the only meaning the  “diplomacy” and “foreign policy” any longer possess. jealousy between the courts of Europe, once the sole and recently the main cause of national enmity and war, has in  been superseded bu the jealousy between the great capitalists  various nationalities. The flunkey-patriot, zealous of his country's honour, dances as readily to-day to the pipe of capitalist freed as he did before to that of royal intrigue, let it but sound the  of  hatred. In both cases he makes the running for the


text: Tristimulus Specification of the Munsell Book of Color From Spectrophotometric Measurements


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 the soil!" cried Elizabeth, whose melancholy had vanished in the excitement of their dialogue.

"Do I bear the marks of my lineage so very plainly impressed on my appearance?" asked the youth, with a little pique in his manner. "I am dark, but not very red not more so than common?"

"Rather more so, just now," said the heiress.

"I am sure, Miss Temple," cried Louisa, "you cannot have taken much notice of Mr. Edwards. His eyes are not so black as Mohegan's, or even your own, nor is his hair!"

"Very possibly, then, I can lay claim to the same descent. It would be a great relief to my mind to think so, for I own that I grieve when I see old Mohegan walking about these lands, like the ghost of one of their ancient possessors, and feel how small is my right to possess them."

"Do you!" cried the youth, with a vehemence that startled the ladies.

"I do, indeed," returned Elizabeth, after suffering a moment to pass in her surprise; "but what can I do? what can my father do? Should we offer the old man a home and a maintenance, his habits would compel him to refuse us. Neither, were we so silly as to wish such a thing, could we convert these clearings and farms, again, into hunting-grounds, as the Leather-stocking would wish to see them."

"You speak the truth, Miss Temple," said Edwards. "What can you do, indeed! But there is one thing that I am certain you can and will do, when you become the mistress of these beautiful valleys—use your wealth with indulgence to the poor and charity to the needy;—indeed, you can do no more."

"And that will be doing a good deal," said Louisa, smiling in her turn. "But there will,

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 doubtless, be one to take the direction of such things from her hands."

"I am not about to disclaim matrimony," cried the heiress, "like a silly girl, who dreams of nothing else from morning till night; hut I am a nun, here, without the vow of celibacy. Where should I find a husband, in these forests?"

"There is none, Miss Temple," said Edwards, quickly, "there is none who has a right to aspire to you, and I know that you will assert the dignity of your sex, and wait to be sought by your equal; or die, as you live, loved, respected, and admired, by all who know you."

The young man seemed to think that he had said all that was required by gallantry, for he arose, and taking his hat, hurried from the apartment. Perhaps Louisa thought that he had said more than was necessary, for she sighed, with an aspiration so low that it was scarcely audible to herself, and bent her head over her work again. And it is possible that Miss Temple wished to hear more, for her eyes continued fixed, for a minute, on the door through which the youth had passed, then glanced quickly towards her companion, when the long silence that succeeded manifested how much zest may be given to the conversation of two maidens under eighteen, by the presence of a youth of three and twenty.

The first person encountered by Mr. Edwards, as he rather rushed than walked from the house, was the little, square-built lawyer, with a large bundle of papers under his arm, a pair of green spectacles on his nose, with glasses at the sides, as if to multiply his power of detecting frauds, by additional organs of vision.

Mr. Van der School was a well-educated man, but of a slow comprehension, who had imbibed a wariness in his speeches and actions, from having

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is a dismal thing to be in London in August. The streets are up for one thing, and your cab can never steer a straight course for the place you want to go to. And the trees are brown in the parks, and every one you know is away, so that there would be nowhere to go in your cab, even if you had the money to pay for it, and you could go there without extravagance.

Stephen Guillemot sat over his uncomfortable breakfast-table in the rooms he shared with his friend, and cursed his luck. His friend was away by the sea, and he was here in the dirty and sordid blackness of his Temple chambers. But he had no money for a holiday; and when Dornington had begged him to accept a loan, he had sworn


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 at Dornington, and Dornington had gone off not at all pleased. And now Dornington was by the sea, and he was here. The flies buzzed in the panes and round the sticky marmalade jar; the sun poured in at the open window. There was no work to do. Stephen was a solicitor by trade; but, in fact and perforce, an idler. No business came to him. All day long the steps of clients sounded on the dirty, old wooden staircase—clients for Robinson on the second, for Jones on the fourth, but none for Guillemot on the third. Even now steps were coming, though it was only ten o’clock. The young man glanced at the marmalade jar, at the crooked cloth stained with tea, which his laundress had spread for his breakfast.

“Suppose it is a client” He broke off with a laugh. He had never been able to cure himself of that old hope that some day the feet of a client—a wealthy client—would pause at his door, but the feet had always gone by—as these would do. The steps did indeed pass his door, paused, came back, and—oh wonder! it was his knocker that awoke the Temple echoes.

He glanced at the table. It was hopeless. He shrugged his shoulders.


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“I daresay it’s only a bill,” he said, and went to see.

The newcomer was impatient, for even as Guillemot opened the door, the knocker was in act to fall again.

“Is Mr Guillemot Oh, Stephen, I should have known you anywhere!”

A radiant vision in a white linen gown—a very smart tailor-made-looking linen gown—and a big white hat was standing in his doorway, shaking him warmly by the hand.

“Won’t you ask me in?” asked the vision, smiling in his bewildered face.

He drew back mechanically, and closed the door after him as she went in. Then he followed her into the room that served him for office and living-room, and stood looking at her helplessly.

“You don’t know me a bit,” she said; “it’s a shame to tease you. I’ll take off my hat and veil; you will know me then. It’s these fine feathers!”

And take them off she did—in front of the fly-spotted glass on the mantel-piece; then she turned a bright face on him, a pretty mobile face, crowned with bright brown hair. And still he stood abashed.

“I never thought you would have forgotten


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 the friend of childhood’s hour,” she began again. “I see I must tell you in cold blood.”

“Why, it’s Rosamund!” he cried suddenly. “Do forgive me! I never, never dreamed My dear Rosamund, you aren’t really changed a bit it’s only—your hair being done up and”

“And the fine feathers,” said she, holding out a fold of her dress. “They are very pretty feathers, aren’t they?”

“Very,” said he. And then suddenly a silence of embarrassment fell between them.

The girl broke it with a laugh that was not quite spontaneous.

“How funny it all is!” she said. “I went to New York with my uncle when dear papa died—and then I went to Girton, and now poor uncle’s dead, and” Her eye fell on the tablecloth. “I’m going to clear away this horrid breakfast of yours,” she said.

“Oh, please!” he pleaded, taking the marmalade jar up in his helpless hands. She took the jar from him.

“Yes, I am,” she said firmly; “and you can just sit down and try to remember who I am.”

He obediently withdrew to the window-seat and watched her as she took away the ugly crockery and the uglier food to hide them in


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 his little kitchen; and as he watched her he remembered many things. The lonely childhood in a country rectory—the long, dull days with no playfellows; then the arrival of the new doctor and his little daughter Rosamund Rainham—and almost at the same time, it seemed, the invalid lady with the little boy who lodged at the Post Office. Then there were playfellows, dear playfellows, to cheer and teach him—poor Stephen, he hardly knew what play or laughter meant. Then the invalid lady died, and Stephen’s father awoke from his dreams amid his old books, as he had a way of doing now and then, enquired into the circumstances of the boy, Andrew Dornington, and, finding him friendless and homeless, took him into his home to be Stephen’s little brother and friend. Then the long happy time when the three children were always together: walking, boating, birdsnesting, reading, playing and quarrelling; the storm of tears from Rosamund when the boys went to College; the shock of surprise and the fleeting sadness with which Stephen heard that the doctor was dead and that Rosamund had gone to America to her mother’s brother. Then the fulness of living, the old days almost forgotten, or only remembered as