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 the passage. Many and many years have passed away since the return of Saknussemm, and the fall of this huge block of granite. Is it not quite evident that this gallery was formerly the outlet for the pent-up lava in the interior of the earth, and that these eruptive matters then circulated freely? Look at these recent fissures in the granite roof; it is evidently formed of pieces of enormous stone, placed here as if by the hand of a giant, who had worked to make a strong and substantial arch. One day, after an unusually heavy shock, the vast rock which stands in our way, fell through to a level with the soil and has barred our further progress. We are right, then, in thinking that this is an unexpected obstacle, with which Saknussemm did not meet; and if we do not upset it in some way, we are unworthy of following in the footsteps of the great discoverer, and incapable of finding our way to the Center of the Earth!"

In this wild way I addressed my uncle. The zeal of the Professor, his earnest longing for success, had become part and parcel of my being. I wholly forgot the past; I utterly despised the future. Nothing existed for me upon the surface of this spheroid in the bosom of which I was engulfed, no towns, no country, no Hamburg, no Königstrasse, not even my poor Gretchen, who by this time would believe me utterly lost in the interior of the earth!

"Well," cried my uncle, roused to enthusiasm by my words, "let us go to work with pick-axes, with crowbars, with anything that comes to hand—but down with these terrible walls."

"It is far too tough and too big to be destroyed by a pick-ax or crowbar," I replied.

"What then?"

"As I said, it is useless to think of overcoming such a difficulty by means of ordinary tools."

"What then?"

"What else but gunpowder, a subterranean mine? Let us blow up the obstacle that stands in our way."

"Gunpowder!"

"Yes; all we have to do is to get rid of this paltry obstacle."

"To work, Hans, to work!" cried the Professor. The Icelander went back to the raft, and soon returned with a


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 huge crowbar, with which he began to dig a hole in the rock, which was to serve as a mine. It was by no means a slight task. It was necessary for our purpose to make a cavity large enough to hold fifty pounds of fulminating gun cotton, the expansive power of which is four times as great as that of ordinary gunpowder.

I had now roused myself to an almost miraculous state of excitement. While Hans was at work, I actively assisted my uncle to prepare a long wick, made from damp gunpowder, the mass of which we finally enclosed in a bag of linen. "We are bound to go through," I cried enthusiastically.

"We are bound to go through," responded the Professor, tapping me on the back.

At midnight, our work as miners was completely finished; the charge of fulminating cotton was thrust into the hollow, and the match, which we had made of considerable length, was ready. A spark was now sufficient to ignite this formidable engine, and to blow the rock to atoms!

"We will now rest until to-morrow."

It was absolutely necessary to resign myself to my fate, and to consent to wait for the explosion for six weary hours!

next day, which was the twenty-seventh of August, was a date celebrated in our wondrous, subterranean journey.

I never think of it even now, but I shudder with horror. My heart beats wildly at the very memory of that awful day. From this time forward, our reason, our judgment, our human ingenuity, had nothing to do with the course of events. We were about to become the plaything of the great phenomena of the earth!

At six o'clock we were all up and ready. The dreaded moment was arriving when we were about to seek an opening into the interior of the earth by means of gunpowder. What would be the consequences of breaking through the crust of the earth.

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 I begged that it might be my duty to set fire to the mine. I looked upon it as an honor. This task once performed, I could rejoin my friends upon the raft, which had not been unloaded. As soon as we were all ready, we were to sail away to some distance to avoid the consequences of the explosion, the effects of which would certainly not be concentrated in the interior of the earth. The slow match we calculated to burn for about ten minutes, more or less, before it reached the chamber in which the great body of powder was confined. I should therefore have plenty of time to reach the raft and put off to a safe distance.

After a hearty repast, my uncle and the hunter-guide embarked on board the raft, while I remained alone upon the desolate shore. I was provided with a lantern which was to enable me to set fire to the wick of the infernal machine. "Go, my boy," said my uncle, "and Heaven be with you. But come back as soon as you can. I shall be all impatience."

"Be easy on that matter," I replied, "there is no fear of my delaying on the road." Having said this, I advanced toward the opening of the somber gallery. My heart beat wildly. I opened my lantern and seized the extremity of the wick.

The Professor, who was looking on, held his chronometer in his hand. "Are you ready?" cried he.

"Quite ready."

"Well, then, fire away!" I hastened to put the light to the wick, which crackled and sparkled, hissing and spitting like a serpent; then, running as fast as I could, I returned to the shore.

"Get on board my lad, and you, Hans, shove off!" cried my uncle. By a vigorous application of his pole Hans sent us flying over the water. The raft was quite twenty fathoms distant.

It was a moment of palpitating interest, of deep anxiety. My uncle, the Professor, never took his eyes off the chronometer. "Only five minutes more," he said in a low tone, "only four, only three."

My pulse went a hundred to the minute. I could hear my heart beating.

"Only two, one! Now, then, mountains of granite, crumble beneath the power of man!"


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 right, I guess,” he added tolerantly, “but she hasn’t got much sense.” He unfitted the cylinders, squinting at them.

“That’s where she changes gear, is it?” Fairchild leaned nearer again. “‘Yes, she’s a pretty nice sort of a kid. Kind of like a racehorse colt, you know. So you’re going up to Yale. I used to want to go to Yale, myself, once. Only I had to go where I could. I guess there is a time in the life of every young American of the class that wants to go to college or accepts the inevitability of education, when he wants to go to Yale or Harvard. Maybe that’s the value of Yale and Harvard to our American life: a kind of illusion of an intellectual nirvana that makes the ones that can’t go there work like hell where they do go, so as not to show up so poorly alongside of the ones that can go there.

“Still, ninety out of a hundred Yale and Harvard turn out are reasonably bearable to live with, if they ain’t anything else. And that’s something to be said for any manufactory, I guess. But Id like to have gone there” The nephew was not listening particularly. He shaved and trimmed solicitously at his cylinder. Fairchild said:

“It was a kind of funny college I went to. A denominational college, you know, where they turned out preachers. I was working in a mowing machinery factory in Indiana, and the owner of the factory was a trustee of this college. He was a sanctimonious old fellow with a beard like a goat, and every year he offered a half scholarship to be competed for by young men working for him. You won it, you know, and he found you a job near the college to pay your board, but not enough to do anything else—to keep you from fleshly temptations, you know—and he had a monthly report on your progress sent to him. And I won it, that year.

“It was just for one year, so I tried to take everything I could. I had about six or seven lectures a day, besides the

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 What happened after that? As to the terrific roar of the explosion, I do not think I heard it. But the form of the rocks completely changed in my eyes—they seemed to be drawn aside like a curtain. I saw a fathomless, a bottomless abyss, which yawned beneath the turgid waves. The sea, which seemed suddenly to have gone mad, then became one great mountainous mass, upon the top of which the raft rose perpendicularly.

We were all thrown down. The light gave place to the most profound obscurity. Then I felt all solid support give way not to my feet, but to the raft itself. I thought it was going bodily down a tremendous well. I tried to speak, to question my uncle. Nothing could be heard but the roaring of the mighty waves. We clung together in utter silence.

Despite the awful darkness, despite the noise, the surprise, the emotion, I thoroughly understood what had happened. Beyond the rock which had been blown up, there existed a mighty abyss. The explosion had caused a kind of earthquake in this soil, broken by fissures and rents. The gulf, thus suddenly thrown open, was about to swallow the inland sea, which, transformed into a mighty torrent, was dragging us with it. One only idea filled my mind. We were utterly and completely lost!

One hour, two hours—what more I cannot say, passed in this manner. We sat close together, elbow touching elbow, knee touching knee! We held one another's hands not to be thrown off the raft. We were subjected to the most violent shocks, whenever our sole dependence, a frail wooden raft, struck against the rocky sides of the channel. Fortunately for us, these concussions became less and less frequent, which made me fancy that the gallery was getting wider and wider. There could be now no doubt that we had chanced upon the road once followed by Saknussemm, but instead of going down in a proper manner, we had, through our own imprudence, drawn a whole sea with us!

These ideas presented themselves to my mind in a very vague and obscure manner. I felt rather than reasoned. I put my ideas together only confusedly, while spinning along like a man going down a waterfall. To judge by the air which, as it were, whipped my face, we must have been rushing at a perfectly lightning rate.


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 To attempt under these circumstances to light a torch was simply impossible, and the last remains of our electric machine, of our Ruhmkorf's coil, had been destroyed during the fearful explosion. I was therefore very much confused to see at last a bright light shining close to me. The calm countenance of the guide seemed to gleam upon me. The clever and patient hunter had succeeded in lighting the lantern; and though, in the keen and thorough draught, the flame flickered and vacillated and was very nearly put out, it served partially to dissipate the awful obscurity.

The gallery into which we had entered was very wide. I was, therefore, quite right in that part of my conjecture. The insufficient light did not allow us to see both of the walls at the same time. The slope of waters, which was carrying us away, was far greater than that of the most rapid river. The whole surface of the stream seemed to be composed of liquid arrows, darted forward with extreme violence and power. I can give no idea of the impression it made upon me.

The raft, at times, caught in certain whirlpools, and rushed forward, yet turned on itself all the time. How it did not upset I shall never be able to understand. When it approached the sides of the gallery, I took care to throw upon them the light of the lantern, and I was able to judge of the rapidity of motion by looking at the projecting masses of rock, which as soon as seen were again invisible. I believe we were going at a rate of not less than a hundred miles an hour.

My uncle and I looked at one another with wild and haggard eyes; we clung convulsively to the stump of the mast, which, at the moment when the catastrophe took place, had snapped short off. We turned our backs as much as possible to the wind, in order not to be stifled by a rapidity of motion which nothing human could face and live.

And still the long monotonous hours went on. The situation did not change in the least, though a discovery I suddenly made seemed to complicate it very much. When we had slightly recovered our equilibrium, I proceeded to examine our cargo. I then made the unsatisfactory discovery that the greater part of it had utterly disappeared. I became alarmed, and determined to discover what were


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 Means they would become sole Masters of all its Benefits: But they were all disappointed; for in their way they constantly met with some Fountain, which they mistook for the true one, and were so blinded with their own Conceits, that they could not see that they had not come near the Fountain which they coveted, and that the Water which they had got, had none of those good Qualities which made the other so desirable. Had they been content to enjoy its Benefits in common, it was sufficient to satisfy them all, let them be never so greedy. Yet each obstinately maintain'd that he was in the right, and to gain the Fountain he had found the more Repute, cry'd down the true one. I will not take upon me to say that all the Philosophers which we had upon Earth were first in the Moon, tho' I have been often tempted to believe it, from the Conformity of the Opinion of several earthly Philosophers to those religious Sects in the Moon; for I observ'd that there were Platonicks and Cynicks there: The former affected magical Transports, and pretended that they kept a Courier constantly to bring them Intelligence from Heaven: The latter differ'd from them in this, that they admir'd an extraordinary Simplicity in their Garb, which, tho' different from that of other People, was as fashionable as theirs; since it is Custom alone that alters Fashions, and they had nearly stuck to one Fashion for many Years. They were the most unmannerly People in the Moon, and were so politick, that they had persuaded many that they were in earnest, and that to be virtuous was to be unmannerly, and that we cannot be brought to Heaven with an Equipage. It is surprizing to reflect upon what a Multitude is misled, when all are allow'd to approach the sacred Fountain, and Persons appointed to take Care that those who come to drink observe Rules prescrib'd to them.


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 our resources. My heart beat at the idea, but it was absolutely necessary to know on what we had to depend. With this in view, I took the lantern and looked around.

Of all our former collection of nautical and philosophical instruments there remained only the chronometer and the compass. The ladders and ropes were reduced to a small piece of rope fastened to the stump of the mast. Not a pickax, not a crowbar, not a hammer, and, far worse than all, no food—not enough for one day!

This discovery was a prelude to a certain and horrible death. Seated gloomily on the raft, clasping the stump of the mast mechanically, I thought of all I had read as to sufferings from starvation. I remembered everything that history had taught me on the subject, and I shuddered at the remembrance of the agonies to be endured. Maddened at the prospect, I persuaded myself that I must be mistaken. I examined the cracks in the raft; I poked between the joints and beams; I examined every possible hole and corner. The result was—simply nothing! Our stock of provisions consisted of nothing but a piece of dry meat and some soaked and half-mouldy biscuits.

I gazed around me scared and frightened. I could not understand the awful truth. And yet of what consequence was it in regard to any new danger? Supposing that we had had provisions for months, and even for years, how could we ever get out of the awful abyss into which we were being hurled by the irresistible torrent we had let loose? Why should we trouble ourselves about the sufferings and tortures to be endured from hunger, when death stared us in the face under so many other swifter and perhaps even more horrid forms?

I had the greatest mind to reveal all to my uncle, to explain to him the extraordinary and wretched position to which we were reduced, in order that, between the two, we might make a calculation as to the exact space of time which remained for us to live. It was, it appeared to me, the only thing to be done. But I had the courage to hold my tongue, to gnaw at my entrails like the Spartan boy. I wished to leave him all his coolness.

At this moment, the light of the lantern. slowly fell, and at last went out! The wick had wholly burnt to an end. The obscurity became absolute. It was no longer possible


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 to see through the impenetrable darkness! There was one torch left, but it was impossible to keep it alight. Then, like a child, I shut my eyes, that I might not see the darkness.

After a great lapse of time, the rapidity of our journey increased. I could feel it by the rush of air upon my face. The slope of the waters was excessive. I began to feel that we were no longer going down a slope; we were falling. I felt as one does in a dream, going down bodily—falling; falling; falling!

I felt that the hands of my uncle and Hans were vigorously clasping my arms. Suddenly, after a lapse of time scarcely appreciable, I felt something like a shock. The raft had not struck a hard body, but had suddenly been checked in its course. A waterspout, a liquid column of water, fell upon us. I felt suffocating. I was being drowned. Still the sudden inundation did not last. In a few seconds I felt myself once more able to breathe. My uncle and Hans pressed my arms, and the raft carried us all three away.

is difficult for me to determine what was the real time, but I should suppose, by after calculation, that it must have been ten at night.

I lay in a stupor, a half dream, during which I saw visions of astounding character. Monsters of the deep were side by side with the mighty elephantine shepherd. Gigantic fish and animals formed strange conjunctions. It seemed in my vision that the raft took a sudden turn, whirled round; entered another tunnel; this time illumined in a most singular manner. The roof was formed of porous stalactite, through which a moon-lit vapor appeared to pass, casting its brilliant light upon our gaunt and haggard figures. The light increased as we advanced, while the roof ascended; until at last, we were once more in a kind of water cavern, the lofty dome of which disappeared in a luminous cloud! My uncle and the guide moved as men in a dream. I was afraid to waken them, knowing


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 the danger of such a sudden start. I seated myself beside them to watch.

As I did so, I became aware of something moving in the distance, which at once fascinated my eyes. It was floating, apparently, upon the surface of the water, advancing by means of what at first appeared paddles. I looked with glaring eyes. One glance told me that it was something monstrous.

But what? It was the great Shark Crocodile of the early writers on geology. About the size of an ordinary whale, with hideous jaws and two gigantic eyes, it advanced. Its eyes fixed on me with terrible sternness. Some indefinite warning told me that it had marked me for its own.

I attempted to rise—to escape, no matter where, but my knees shook under me; my limbs trembled violently; I almost lost my senses. And still the mighty monster advanced. My uncle and the guide made no effort to save themselves. With a strange noise, like none other I had ever heard, the beast came on. His jaws were at least seven feet apart, and his distended mouth looked large enough to have swallowed a boatful of men.

We were about ten feet distant, when I discovered that much as his body resembled that of a crocodile, his mouth was wholly that of a shark. His twofold nature now became apparent. To snatch us up at a mouthful it was necessary for him to turn on his back, which motion necessarily caused his legs to kick up helplessly in the air. I actually laughed even in the very jaws of death!

But next minute, with a wild cry, I darted away into the interior of the cavern, leaving my unhappy comrades to their fate! This cavern was deep and dreary. After about a hundred yards, I paused and looked around. The whole floor, composed of sand and malachite, was strewn with bones, freshly-gnawed bones of reptiles and fish, with a mixture of mammalia. My very soul grew sick as my body shuddered with horror. I had truly, according to the old proverb, fallen out of the frying-pan into the fire. Some beast larger and more ferocious even than the Shark-Crocodile inhabited this den.

What could I do? The mouth of the cave was guarded by one ferocious monster, the interior was inhabited by


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 something too hideous to contemplate. Flight was impossible! Suddenly a groaning, as of fifty bears in a fight, fell upon my ears—hisses, spitting, moaning, hideous to hear—and then I saw—

Never, were ages to pass over my head, shall I forget the horrible apparition. It was the Ape Gigans, the antediluvian Gorilla! Fourteen feet high, covered with coarse hair, of a blackish brown, it advanced. Its arms were as long as its body, while its legs were prodigious. It had thick, long, and sharply-pointed teeth—like a mammoth saw. It struck its breast as it came on smelling and sniffing, reminding me of the stories we read in our early childhood of giants who ate the flesh of men and little boys!

Suddenly it stopped. My heart beat wildly, for I was conscious that, somehow or other, the fearful monster had smelt me out and was peering about with his hideous eyes to try and discover my whereabouts. I gave myself up for lost. No hope of safety or escape seemed to remain.

At this moment, just as my eyes appeared to close in death, there came a strange noise from the entrance of the cave; and turning, the Gorilla evidently recognized some enemy more worthy his prodigious size and strength. It was the huge Shark-Crocodile, which perhaps having disposed of my friends, was coming in search of further prey.

The Gorilla placed himself on the defensive, and clutching a bone some seven or eight feet in length, a perfect club, aimed a deadly blow at the hideous beast, which reared upwards and fell with all its weight upon its adversary. A terrible combat ensued. The struggle was awful and ferocious. I, however, did not wait to witness the result. Regarding myself as the object of contention, I determined to remove from the presence of the victor. I slid down from my hiding-place, reached the ground, and gliding against the wall, strove to gain the open mouth of the cavern. But I had not taken many steps when the fearful clamor ceased, to be followed by a mumbling and groaning which appeared to be indicative of victory.

I looked back and saw the huge ape, gory with blood, coming after me with glaring eyes, with dilated nostrils that gave forth two columns of heated vapor. I could


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 feel his hot and fetid breath on my neck; and with a horrid jump—awoke from my nightmare sleep.

Yes—it was all a dream. I was still on the raft with my uncle and the guide.

The relief was not instantaneous, for under the influence of the hideous nightmare my senses had become numbed. After a while, however, my feelings were tranquilized. The first of my perceptions which returned in full force was that of hearing. I listened with acute and attentive ears. All was still as death. All I comprehended was silence. To the roaring of the waters, which had filled the gallery with awful reverberations, succeeded perfect peace.

After some little time my uncle spoke, in a low and scarcely audible tone—"Harry, boy, where are you?"

"I am here," was my faint rejoinder.

"Well, don't you see what has happened? We are going upwards."

"My dear uncle, what can you mean?" was my half delirious reply.

"Yes, I tell you we are ascending rapidly. Our downward journey is quite checked."

I held out my hand, and, after some little difficulty, succeeded in touching the wall. My hand was in an instant covered with blood. The skin was torn from the flesh. We were ascending with extraordinary rapidity.

"The torch—the torch!" cried the Professor, wildly; "it must be lighted." Hans, the guide, after many vain efforts, at last succeeded in lighting it, and the flame, having now nothing to prevent its burning, shed a tolerably clear light. We were enabled to form an approximate idea of the truth.

"It is just as I thought," said my uncle, after a moment or two of silent attention. "We are in a narrow well about four fathoms square. The waters of the great inland sea, having reached the bottom of the gulf, are now forcing themselves up the mighty shaft. As a natural consequence, we are being cast up on the summit of the waters."

"That I can see," was my lugubrious reply; "but where will this shaft end, and to what fall are we likely to be exposed?"

"Of that I am as ignorant as yourself. All I know is, that we should be prepared for the worst. We are going


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 work I had to do to earn my board. But I kind of got interested in learning things: I learned in spite of the instructors we had. They were a bunch of brokendown preachers: head full of dogma and intolerance and a belly full of big meaningless words. English literature course whittled Shakespeare down because he wrote about whores without pointing a moral, and one instructor always insisted that the head devil in Paradise Lost was an inspired prophetic portrait of Darwin, and they wouldn’t touch Byron with a ten foot pole, and Swinburne was reduced to his mother and his old standby, the ocean. And I guess they’d have cut this out had they worn one piece bathing suits in those days. But in spite of it, I kind of got interested in learning things. I would like to have looked inside of my mind, after that year was up” He gazed out over the water, over the snoring waves, steady and windfrothed. He laughed. “And I joined a fraternity, too, almost.”

The nephew bent over his pipe. Fairchild produced a package of cigarettes. The nephew accepted one with abstraction. He accepted a light, also. “I guess you’ve got your eye on a fraternity, haven’t you?” Fairchild suggested.

“Senior club,” the nephew corrected shortly. “If I can make it.”

“Senior club,” Fairchild repeated. “That means you won’t join for three years, eh? That’s a good idea. I like that idea. But I had to do everything in one year, you see. I couldn’t wait. I never had much time to mix with other students. Six hours a day at lectures, and the rest of the time working and studying for next day. But I couldn’t help but hear something about it, about rushing and pledges and so on, and how so-and-so were after this fellow and that, because he made the football team or something.

“There was a fellow at my boarding house; a kind of handsome tall fellow he was, always talking about the big athletes

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 up at a fearfully rapid rate. As far as I can judge, we are ascending at the rate of two fathoms a second, of a hundred and twenty fathoms a minute, or rather more than three and a half leagues an hour. At this rate, our fate will soon be a matter of certainty."

"No doubt of it," was my reply. "The great concern I have now, however, is to know whether this shaft has any issue. It may end in a granite roof—in which case we shall be suffocated by compressed air, or dashed to atoms against the top. I fancy, already, that the air is beginning to be close and condensed. I have a difficulty in breathing." This might be fancy, or it might be the effect of our rapid motion, but I certainly felt a great oppression of the chest.

"Henry," said the Professor, "I do believe that the situation is to a certain extent desperate. There remain, however, many chances of ultimate safety, and I have, in my own mind, been revolving them over, during your heavy but agitated sleep. I have come to this logical conclusion—whereas we may at any moment perish, so at any moment we may be saved! We need, therefore, to prepare ourselves for whatever may turn up in the great chapter of accidents."

"But what would you have us do?" I cried; "are we not utterly helpless?"

"No! While there is life there is hope. At all events, there is one thing we can do—eat, and thus obtain strength to face victory or death."

As he spoke, I looked at my uncle with a haggard glance. I had put off the fatal communication as long as possible. It was now forced upon me, and I must tell him the truth. Still I hesitated. "Eat," I said, in a deprecating tone as if there were no hurry.

"Yes, and at once. I feel like a starving prisoner," he said, rubbing his yellow and shivering hands together. And, turning round to the guide, he spoke some hearty, cheering words, as I judged from his tone, in Danish. Hans shook his head in a terribly significant manner. I tried to look unconcerned.

"What!" cried the Professor, "you do not mean to say that all our provisions are lost?"

"Yes," was my lowly spoken reply, as I held out some-


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HE extraordinary appreciation accorded our earlier book of translations, Three Women Poets of Modern Japan, has led us to prepare the present collection, and to issue it as a companion volume to the other. Our aim this time is broader than before. Instead of confining ourselves to the feminine point of view and the tanka (thirty-one syllable) form, we are introducing poets of both sexes and a variety of lyric forms. It has frequently been said that Japanese poets have no ability to sustain their effects—that they are limited, either by temperament or tradition, to the briefest poetic flights. In general this assertion is borne out by fact. More and more, however, the longer lyric is finding a place in Japanese literature, and while the average Western reader is not accustomed to look upon a poem of fifteen or twenty lines as long, such a poem appears quite extensive to one whose


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8 of poetry is based chiefly on a familiarity with minute hokku and slightly longer tanka.

The rapidly-spreading knowledge of the fundamental characteristics of Japanese poetry would seem to make unnecessary another expository essay in that field. The spontaneity, the simplicity, the mental ingenuity, the charmingly impressionistic pictorialism which we have come to expect from Japanese poets are all exemplified once again in the present collection. It is a pleasure to bring to Western shores such charmingly wrought gifts as these—even though they may have been marred somewhat in their long journey from the East. —G. H.


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Rh

Very distinct by reason of the complete absence of the usual infra-lateral carinæ of the head. The sex of the types is not very definite, the sixth tergite being feebly sinuato-truncate medially, with the edge unmodified.

The peculiarly long second antennal joint in comparison with the much shorter third joint, in conjunction with the structure of the eyes and sterna, will render this species very easy to identify.


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 and such in school. He knew them all by their first names. And he always had some yarn about girls: always showing you a pink envelope or something—a kind of gentlemanly innuendo, protecting their good names. He was a senior, he told me, and he was the first one to talk to me about fraternities. He said he had belonged to one a long time, though he didn’t wear a badge. He had given his badge to a girl who wouldn’t return it You see,” Fairchild explained again, “I had to work so much. You know: getting into a rut of work for bread and meat, where chance couldn’t touch me much. Chance and information. That’s what they mean by wisdom, horsesense, you know

“He was the one that told me he could get me in his fraternity, if I wanted to.” He drew at his cigarette, flipped it away. “It’s young people who put life into ritual by making conventions a living part of life: only old people destroy life by making it a ritual. And I wanted to get all I could out of being at college. The boy that belongs to a secret pirates’ gang and who dreams of defending an abstraction with his blood, hasn’t quite died out before twenty-one, you know. But I didn’t have any money.

“Then he suggested that I get more work to do, temporarily. He pointed out to me other men who belonged to it or who were going to join—baseball players, and captains of teams, and prize scholars and all. So I got more work. He told me not to mention it to anybody, that that was the way they did it. I didn’t know anybody much, you see,” he explained. “I had to work pretty steady all day: no chance to get to know anybody well enough to talk to ’em.” He mused upon the ceaseless fading battalions of waves. “So I got some more work to do.

“This had to be night work, so I got a job helping to fire the college power plant. I could take my books along and

title: Page:Mosquitos (Faulkner).pdf/123


text: Page:Fifteen Poets of Modern Japan - A Book of Translations (1928).pdf/11


text: Poems for Workers (Gomez 1925)

title: Poems for Workers (Gomez 1925)


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Page:Fifteen Poets of Modern Japan - A Book of Translations (1928).pdf/12

12


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Page:The Story of Philosophy.pdf/31

 The growth of wealth brought the leisure and security which are the prerequisite of research and speculation; men now asked the stars not only for guidance on the seas but as well for an answer to the riddles of the universe; the first Greek philosophers were astronomers. "Proud of their achievements," says Aristotle, "men pushed farther afield after the Persian wars; they took all knowledge for their province, and sought ever wider studies." Men grew bold enough to attempt natural explanations of processes and events before attributed to supernatural agencies and powers; magic and ritual slowly gave way to science and control; and philosophy began.

At first this philosophy was physical; it looked out upon the material world and asked what was the final and irreducible constituent of things. The natural termination of this line of thought was the materialism of Democritus (460–360 )—"in reality there is nothing but atoms and space." This was one of the main streams of Greek speculation; it passed underground for a time in Plato's day, but emerged in Epicurus (342–270), and became a torrent of eloquence in Lucretius (98–55 ). But the most characteristic and fertile developments of Greek philosophy took form with the Sophists, travelling teachers of wisdom, who looked within upon their own thought and nature, rather than out upon the world of things. They were all clever men (Gorgias and Hippias, for example), and many of them were profound (Protagoras, Prodicus); there is hardly a problem or a solution in our current philosophy of mind and conduct which they did not realize and discuss. They asked questions about anything; they stood unafraid in the presence of religious or political taboos; and boldly subpoenaed every creed and institution to appear before the judgment-seat of reason. In politics they divided into two schools. One, like Rousseau, argued that nature is good, and civilization bad; that by nature all men are equal, becoming unequal only by class-made institutions; and that law is an invention of the strong to chain and

title: Page:The Story of Philosophy.pdf/31


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Page:South Africa v. Israel (Order of 26 January 2024).pdf/21

 paragraph 11 above) would reverse the Court’s case law, as those measures would be “for the protection of a right that could not form the basis of a judgment in exercise of jurisdiction under the Genocide Convention”.

58. The Court has already found (see paragraph 54 above) that at least some of the rights asserted by South Africa under the Genocide Convention are plausible.

59. The Court considers that, by their very nature, at least some of the provisional measures sought by South Africa are aimed at preserving the plausible rights it asserts on the basis of the Genocide Convention in the present case, namely the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts mentioned in Article III, and the right of South Africa to seek Israel’s compliance with the latter’s obligations under the Convention. Therefore, a link exists between the rights claimed by South Africa that the Court has found to be plausible, and at least some of the provisional measures requested.

60. The Court, pursuant to Article 41 of its Statute, has the power to indicate provisional measures when irreparable prejudice could be caused to rights which are the subject of judicial proceedings or when the alleged disregard of such rights may entail irreparable consequences (see, for example, Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Provisional Measures, Order of 16 March 2022, I.C.J. Reports 2022 (I), p. 226, para. 65).

61. However, the power of the Court to indicate provisional measures will be exercised only if there is urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be caused to the rights claimed before the Court gives its final decision. The condition of urgency is met when the acts susceptible of causing irreparable prejudice can “occur at any moment” before the Court makes a final decision on the case (Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Provisional Measures, Order of 16 March 2022, I.C.J. Reports 2022 (I), p. 227, para. 66). The Court must therefore consider whether such a risk exists at this stage of the proceedings.

62. The Court is not called upon, for the purposes of its decision on the request for the indication of provisional measures, to establish the existence of breaches of obligations under the Genocide Convention, but to determine whether the circumstances require the indication of provisional measures for the protection of rights under that instrument. As already noted, the Court cannot at this stage make definitive findings of fact (see paragraph 30 above), and the right of each Party to submit arguments in respect of the merits remains unaffected by the Court’s decision on the request for the indication of provisional measures.


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Page:The Story of Philosophy.pdf/33

If we may judge from the bust that has come down to us as part of the ruins of ancient sculpture, Socrates was as far from being handsome as even a philosopher can be. A bald head, a great round face, deep-set staring eyes, a broad and flowery nose that gave vivid testimony to many a Symposium—it was rather the head of a porter than that of the most famous of philosophers. But if we look again we see, through the crudity of the stone, something of that human kindliness and unassuming simplicity which made this homely thinker a teacher beloved of the finest youths in Athens. We know so little about him, and yet we know him so much more intimately than the aristocratic Plato or the reserved and scholarly Aristotle. Across two thousand three hundred years we can yet see his ungainly figure, clad always in the same rumpled tunic, walking leisurely through the agora, undisturbed by the bedlam of politics, buttonholing his prey, gathering the young and the learned about him, luring them into some shady nook of the temple porticos, and asking them to define their terms.

They were a motley crowd, these youths who flocked about him and helped him to create European philosophy. There were rich young men like Plato and Alcibiades, who relished his satirical analysis of Athenian democracy; there were socialists like Antisthenes, who liked the master's careless poverty, and made a religion of it; there was even an anarchist or two among them, like Aristippus, who aspired to a world in which there would be neither masters nor slaves, and all would be as worrilessly free as Socrates. All the problems that agitate human society to-day, and provide the material of youth's endless debate, agitated as well that little band of thinkers and talkers, who felt, with their teacher, that life without discourse would be unworthy of a man. Every school of social thought had there its representative, and perhaps its origin.

How the master lived hardly anybody knew. He never

title: Page:The Story of Philosophy.pdf/33


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Page:South Africa v. Israel (Order of 26 January 2024).pdf/22

 63. South Africa submits that there is a clear risk of irreparable prejudice to the rights of the Palestinians in Gaza and to its own rights under the Genocide Convention. It asserts that the Court has repeatedly found that the criterion of irreparable prejudice is satisfied where serious risks arise to human life or other fundamental rights. According to the Applicant, daily statistics stand as clear evidence of urgency and risk of irreparable prejudice, with an average of 247 Palestinians being killed, 629 wounded and 3,900 Palestinian homes damaged or destroyed each day. Moreover, Palestinians in the Gaza Strip are, in the view of South Africa, at

"“immediate risk of death by starvation, dehydration and disease as a result of the ongoing siege by Israel, the destruction of Palestinian towns, the insufficient aid being allowed through to the Palestinian population and the impossibility of distributing this limited aid while bombs fall”."

The Applicant further contends that any scaling up by Israel of access of humanitarian relief to Gaza would be no answer to its request for provisional measures. South Africa adds that, “[s]hould [Israel’s] violations of the Genocide Convention go unchecked”, the opportunity to collect and preserve evidence for the merits stage of the proceedings would be seriously undermined, if not lost entirely.

64. Israel denies that there exists a real and imminent risk of irreparable prejudice in the present case. It contends that it has taken—and continues to take—concrete measures aimed specifically at recognizing and ensuring the right of the Palestinian civilians in Gaza to exist and has facilitated the provision of humanitarian assistance throughout the Gaza Strip. In this regard, the Respondent observes that, with the assistance of the World Food Programme, a dozen bakeries have recently reopened with the capacity to produce more than 2 million breads a day. Israel also contends that it continues to supply its own water to Gaza by two pipelines, that it facilitates the delivery of bottled water in large quantities, and that it repairs and expands water infrastructure. It further states that access to medical supplies and services has increased and asserts, in particular, that it has facilitated the establishment of six field hospitals and two floating hospitals and that two more hospitals are being built. It also contends that the entry of medical teams into Gaza has been facilitated and that ill and wounded persons are being evacuated through the Rafah border crossing. According to Israel, tents and winter equipment have also been distributed, and the delivery of fuel and cooking gas has been facilitated. Israel further states that, according to a statement by its Defence Minister of 7 January 2024, the scope and intensity of the hostilities was decreasing.

65. The Court recalls that, as underlined in General Assembly resolution 96 (I) of 11 December 1946,

"“[g]enocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and to the spirit and aims of the United Nations”."


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Page:A Voice from the Nile, and Other Poems. (Thomson, Dobell).djvu/46

 tage from his contributions to the Tobacco Plant as from all his other literary labours put together.

To the Tobacco Plant Thomson contributed articles on Ben Jonson, Rabelais, John Wilson, James Hogg, and Walt Whitman; also reviews of books, a series of papers on Tobacco legislation, &c. He was, in short, one of its most constant contributors from 1875 until it was discontinued in 1881.

Shortly after Thomson's secession from the National Reformer a new Freethought paper was started, entitled the Secularist. To this periodical he now transferred his services, and during the eighteen months that it lasted, he was a constant contributor to its pages. His articles in it were on the most various subjects, and any one who now looks through a file of it, must become convinced that his talents as a journalist were of a very high order, though it may be regretted indeed that his powers were so wasted. One of his most important contributions to the Secularist was a series of articles on Heinrich Heine, who (after Shelley) was the author with whom Thomson was most in sympathy, and whom he had most thoroughly studied. His translations from him have gained general praise; and I think it may be truly said that no other translator has so well rendered the spirit and music of Heine into English. One of the projects which were cut short by his untimely death was a book on Heine, which he had undertaken to write.

I will now quote a few passages, which are of general or personal interest, from his letters to me. The following paragraph, which is from a letter dated June 20, 1874, refers to a poem by Mr. W. M. Rossetti:—


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title: Page:Sandbox1.djvu/264


text:
Page:South Africa v. Israel (Order of 26 January 2024).pdf/23

 The Court has observed, in particular, that the Genocide Convention “was manifestly adopted for a purely humanitarian and civilizing purpose”, since “its object on the one hand is to safeguard the very existence of certain human groups and on the other to confirm and endorse the most elementary principles of morality” (Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, Advisory Opinion, I.C.J. Reports 1951, p. 23).

66. In view of the fundamental values sought to be protected by the Genocide Convention, the Court considers that the plausible rights in question in these proceedings, namely the right of Palestinians in the Gaza Strip to be protected from acts of genocide and related prohibited acts identified in Article III of the Genocide Convention and the right of South Africa to seek Israel’s compliance with the latter’s obligations under the Convention, are of such a nature that prejudice to them is capable of causing irreparable harm (see Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Provisional Measures, Order of 23 January 2020, I.C.J. Reports 2020, pp. [sic] 26, para. 70).

67. During the ongoing conflict, senior United Nations officials have repeatedly called attention to the risk of further deterioration of conditions in the Gaza Strip. The Court takes note, for instance, of the letter dated 6 December 2023, whereby the Secretary-General of the United Nations brought the following information to the attention of the Security Council:

"“The health-care system in Gaza is collapsing …

Nowhere is safe in Gaza.

Amid constant bombardment by the Israel Defense Forces, and without shelter or the essentials to survive, I expect public order to completely break down soon due to the desperate conditions, rendering even limited humanitarian assistance impossible. An even worse situation could unfold, including epidemic diseases and increased pressure for mass displacement into neighbouring countries.

We are facing a severe risk of collapse of the humanitarian system. The situation is fast deteriorating into a catastrophe with potentially irreversible implications for Palestinians as a whole and for peace and security in the region. Such an outcome must be avoided at all costs.” (United Nations Security Council, doc. S/2023/962, 6 Dec. 2023.)"

68. On 5 January 2024, the Secretary-General wrote again to the Security Council, providing an update on the situation in the Gaza Strip and observing that “[s]adly, devastating levels of death and destruction continue” (Letter dated 5 January 2024 from the Secretary-General addressed to the President of the Security Council, United Nations Security Council, doc. S/2024/26, 8 Jan. 2024).

69. The Court also takes note of the 17 January 2024 statement issued by the UNRWA Commissioner-General upon returning from his fourth visit to the Gaza Strip since the beginning of


text:
Page:Nature - Volume 1.pdf/29

Nov. 4, 1869] should get a sort of key to the strange cypher band called the spectrum, which might prove of inestimable value, not only in the future, but in a proper understanding of all the telescopic observations of the past. We should, in fact, be thus able to translate the language of the spectroscope. Again, by observing the spectrum of the same prominence both before and during, or during and after the eclipse, the effect of the glare on the visibility of the lines could be determined—but I confess I should not like to be the observer charged with such a task.

What, then, is the evidence furnished by the American observers on the nature of the corona? It is bizarre and puzzling to the last degree! The most definite statement on the subject is, that it is nothing more nor less than a permanent solar aurora! the announcement being founded on the fact, that three bright lines remained visible after the image of a prominence had been moved away from the slit, and that one (if not all) of these lines is coincident with a line (or lines) noticed in the spectrum of the aurora borealis by Professor Winloch.

Now it so happens that among the lines which I have observed up to the present time—some forty in number—this line is among those which I have most frequently recorded it is, in fact, the first iron line which makes its appearance in the part of the spectrum I generally study when the iron vapour is thrown into the chromosphere. Hence I think that I should always see it if the corona were a permanent solar aurora, and gave out this as its brightest line; and on this ground alone I should hesitate to regard the question as settled, were the new hypothesis less startling than it is. The position of the line is approximately shown in the woodcut (Fig. 1) near E, together with the other lines more frequently seen.

It is only fair, however, to Professor Young, to whom is due this important observation, to add that Professor Harkness also declares for one bright line in the spectrum of the corona, but at the same time he, Professor Pickering, and indeed others, state its spectrum to be also continuous, a remark hard to understand unless we suppose the slit to have been wide, and the light faint, in either of which cases final conclusions can hardly be drawn either way.

So much, then, for the spectroscopic evidence with which we are at present acquainted on the most important point. The results of the other attacks on the same point are equally curious and perplexing. Formerly, a favourite argument has been that because the light of the corona is polarised; therefore it is solar. The American observers state that the light is not polarised—a conclusion, as M. Faye has well put it, "very embarrassing for Science." Further,—stranger still if possible,—it is stated that another line of inquiry goes to show that, after all, Halley may be right, and that the corona may really be due to a lunar atmosphere.

I think I have said enough to show that the question of the corona is by no means settled, and that the new method has by no means superseded the necessity of carefully studying eclipses; in fact, their observation has become of much greater importance than before; and I earnestly hope that all future eclipses in the civilised area in the old world will be observed with as great earnestness as the last one was in the new. Certainly, never before was an eclipsed sun so thoroughly tortured with all the instruments of Science. Several hundred photographs were taken, with a perfection of finish which may be gathered from the accompanying reproduction of one of them.

—Copy of a photograph of the Eclipse of August 7, obtained by Professor Morton's party

The Government, the Railway and other companies, and private persons threw themselves into the work with marvellous earnestness and skill; and the result was that the line of totality was almost one continuous observatory, from the Pacific to the Atlantic. We read in Silliman's Journal, "There seems to have been scarcely a town of any considerable magnitude along the entire line, which was not garrisoned by observers, having some special astronomical problem in view." This was as it should have been, and the American Government and men of science must be congratulated on the noble example they have shown to us, and the food for future thought and work they have accumulated. J. Norman Lockyer

Since writing the above, I find the following independent testimony in favour of Dr. Frankland's and my own notion of the corona in the Astronomische Nachrichten, from the pen of Dr. Gould. He says:—"Its form varied continually, and I obtained drawings for three epochs at intervals of one minute. It was very irregular in form, and in no apparent relation with the protuberances on the sun, or the position of the moon. Indeed, there were many phenomena which would almost lead to the belief that it was an atmospheric rather than a cosmical phenomenon. One of the beams was at least 30' long."

MADSEN'S DANISH ANTIQUITIES

HIS work contains forty-five carefully executed plates of Danish Antiquities belonging to the Stone age. The first represents the Shellmound of Fannerup; a difficult subject, very faithfully rendered, as the present writer can testify. The three following plates give the common and characteristic objects of the Shellmounds. Then follow ten plates devoted to tumuli and dolmens. These are admirably executed, those of the great chambered tumulus at Uby being particularly successful. Plates xv. to xx. give

title: Page:Nature - Volume 1.pdf/29


text:
Page:South Africa v. Israel (Order of 26 January 2024).pdf/24

 the current conflict in Gaza: “Every time I visit Gaza, I witness how people have sunk further into despair, with the struggle for survival consuming every hour.” (UNRWA, “The Gaza Strip: a struggle for daily survival amid death, exhaustion and despair”, Statement by Philippe Lazzarini, Commissioner-General of UNRWA, 17 Jan. 2024.)

70. The Court considers that the civilian population in the Gaza Strip remains extremely vulnerable. It recalls that the military operation conducted by Israel after 7 October 2023 has resulted, inter alia, in tens of thousands of deaths and injuries and the destruction of homes, schools, medical facilities and other vital infrastructure, as well as displacement on a massive scale (see paragraph 46 above). The Court notes that the operation is ongoing and that the Prime Minister of Israel announced on 18 January 2024 that the war “will take many more long months”. At present, many Palestinians in the Gaza Strip have no access to the most basic foodstuffs, potable water, electricity, essential medicines or heating.

71. The WHO has estimated that 15 per cent of the women giving birth in the Gaza Strip are likely to experience complications, and indicates that maternal and newborn death rates are expected to increase due to the lack of access to medical care.

72. In these circumstances, the Court considers that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the Court renders its final judgment.

73. The Court recalls Israel’s statement that it has taken certain steps to address and alleviate the conditions faced by the population in the Gaza Strip. The Court further notes that the Attorney General of Israel recently stated that a call for intentional harm to civilians may amount to a criminal offence, including that of incitement, and that several such cases are being examined by Israeli law enforcement authorities. While steps such as these are to be encouraged, they are insufficient to remove the risk that irreparable prejudice will be caused before the Court issues its final decision in the case.

74. In light of the considerations set out above, the Court considers that there is urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be caused to the rights found by the Court to be plausible, before it gives its final decision.

75. The Court concludes on the basis of the above considerations that the conditions required by its Statute for it to indicate provisional measures are met. It is therefore necessary, pending its final decision, for the Court to indicate certain measures in order to protect the rights claimed by South Africa that the Court has found to be plausible (see paragraph 54 above).

76. The Court recalls that it has the power, under its Statute, when a request for provisional measures has been made, to indicate measures that are, in whole or in part, other than those requested. Article 75, paragraph 2, of the Rules of Court specifically refers to this power of the Court. The Court has already exercised this power on several occasions in the past (see, for example, Application of


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 the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Provisional Measures, Order of 23 January 2020, I.C.J. Reports 2020, p. 28, para. 77).

77. In the present case, having considered the terms of the provisional measures requested by South Africa and the circumstances of the case, the Court finds that the measures to be indicated need not be identical to those requested.

78. The Court considers that, with regard to the situation described above, Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group. The Court recalls that these acts fall within the scope of Article II of the Convention when they are committed with the intent to destroy in whole or in part a group as such (see paragraph 44 above). The Court further considers that Israel must ensure with immediate effect that its military forces do not commit any of the above-described acts.

79. The Court is also of the view that Israel must take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.

80. The Court further considers that Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.

81. Israel must also take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Genocide Convention against members of the Palestinian group in the Gaza Strip.

82. Regarding the provisional measure requested by South Africa that Israel must submit a report to the Court on all measures taken to give effect to its Order, the Court recalls that it has the power, reflected in Article 78 of the Rules of Court, to request the parties to provide information on any matter connected with the implementation of any provisional measures it has indicated. In view of the specific provisional measures it has decided to indicate, the Court considers that Israel must submit a report to the Court on all measures taken to give effect to this Order within one month, as from the date of this Order. The report so provided shall then be communicated to South Africa, which shall be given the opportunity to submit to the Court its comments thereon.


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 83. The Court recalls that its Orders on provisional measures under Article 41 of the Statute have binding effect and thus create international legal obligations for any party to whom the provisional measures are addressed (Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Provisional Measures, Order of 16 March 2022, I.C.J. Reports 2022 (I), p. 230, para. 84).

84. The Court reaffirms that the decision given in the present proceedings in no way prejudges the question of the jurisdiction of the Court to deal with the merits of the case or any questions relating to the admissibility of the Application or to the merits themselves. It leaves unaffected the right of the Governments of the Republic of South Africa and the State of Israel to submit arguments in respect of those questions.

85. The Court deems it necessary to emphasize that all parties to the conflict in the Gaza Strip are bound by international humanitarian law. It is gravely concerned about the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups, and calls for their immediate and unconditional release.

86. For these reasons,

Indicates the following provisional measures:

(1) By fifteen votes to two,

The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:


text:
Page:South Africa v. Israel (Order of 26 January 2024).pdf/27

 (a) killing members of the group;

(b) causing serious bodily or mental harm to members of the group;

(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and

(d) imposing measures intended to prevent births within the group;

(2) By fifteen votes to two,

The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above;

(3) By sixteen votes to one,

The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip;

(4) By sixteen votes to one,

The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip;


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 (5) By fifteen votes to two,

The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip;

(6) By fifteen votes to two,

The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order.

Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this twenty-sixth day of January, two thousand and twenty-four, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Republic of South Africa and the Government of the State of Israel, respectively.


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 Judge appends  to the Order of the Court; Judge  appends  to the Order of the Court;  and  append declarations to the Order of the Court; Judge ad hoc  appends  to the Order of the Court.


text: Journal of the Optical Society of America/Volume 30


text: Index:Houghton Mifflin v. Stackpole Sons (40 F.Supp. 975).pdf


text: Journal of the Optical Society of America/Volume 30/Issue 12


text:
Portal:Optical Society of America

Works

 * Journal of the Optical Society of America 1917-1983

title: Portal:Optical Society of America


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Page:The Royal Book of Oz.djvu/193

 sleeping in a train," she thought drowsily. "What a lot I shall have to tell the Scarecrow and Ozma when I get home."

"Good night!" said the bed politely.

"Good night!" said Dorothy, too nearly asleep to even think it strange for a bed talk. "Good night!"

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Page:Houghton Mifflin v. Stackpole Sons (40 F.Supp. 975).pdf/1

Rh Western R. Co. v. H. W. Nelson Co., 6 Cir., 116 F.2d 823, rehearing denied, 6 Cir., 118 F.2d 252. In the last named case, the Circuit Court of Appeals, Sixth Circuit, cited with approval, the Michigan decision, supra.

It is significant that in all of the rulings of the Comptroller-General, to which the Court has been referred by the Government in support of its theory of damages, there is not a single court citation in support of that theory. We may assume that the Comptroller-General’s Office has for some time adopted this theory of damages and that it has been accepted by some contractors, but such a practice can obviously not be considered as controlling upon some other contractor, who sees fit to litigate the point and to have his particular rights determined by the judicial process.

For the reasons given, judgment will be entered for the plaintiff for the sum named, without interest.

Civil action under Copyright Laws § 1 et seq., 17 U.S.C.A. § 1 et seq., by Houghton Mifflin Company against Stackpole Sone, Inc., and another for infringement of a copyright. During the trial, defendants made motions that certain evidence be stricken out and to dismiss the complaint, and the District Court withheld decision on such motions.

Motions overruled and judgment in accordance with opinion.

Hines, Rearick, Dorr & Hammond, of New York City (Archie O. Dawson and John D. Mooney, both of New York City, of counsel), for plaintiff.

Philip Wittenberg, of New York City, for defendants.

NEVIN, District Judge (sitting by designation).

This is an action under the Copyright Laws of the United States, Title 17, U.S.C.A., § 1 et seq. Plaintiff alleges that it is the proprietor in the United States of the copyright to the literary composition entitled “Mein Kampf” by AdolphAdolf [sic] Hitler and that such copyright has been infringed by defendants. The action was commenced on January 28, 1939. The facts are stated in detail in decisions (to which reference is hereafter made) in this case, previously reported. It is unnecessary, therefore, to repeat them here.

On February 15, 1939, plaintiff moved for a preliminary injunction. On February 28, 1939, that motion was denied by the District Court. Plaintiff appealed to the Circuit Court of Appeals which reversed


text: Index:Poor Richard's almanack (IA poorrichardsalma00franrich).pdf


text:
Template talk:*/i

Margins
Work with margins is quite important in numbered lists. For some reason, this template creates a left margin despite no margin is set:

Lorem Ipsum Dolor Sit

When trying to remove the margin by setting, the result is that the numbers get too much to the left:

Lorem Ipsum Dolor Sit

How can this be solved? --Jan Kameníček (talk) 21:08, 8 February 2024 (UTC)

 * Not sure, but we might have hit a CSS limit here. The list markers are outside the BOX model for the list content! and I'm not sure you CAN set the margins of the markers differently.. ShakespeareFan00 (talk) 23:33, 8 February 2024 (UTC)

Using wiki-standard default.

Lorem Ipsum Dolor Sit

ShakespeareFan00 (talk) 00:12, 9 February 2024 (UTC)

or

Lorem Ipsum Dolor Sit

 * The example with fixleft seems to solve the case when wee need to have it exactly on the left, which is good, but does not solve other cases when we need to set the margin differently. The previous example of making it 1.6em wider is really unintuitive. If I understand it right, it means that if I need the margin to be 1em, I have to set it for 2.6em. If I need it to be 5em, I have to set it for 6.6em, etc. Not a really ideal solution. --Jan Kameníček (talk) 00:36, 9 February 2024 (UTC)

Besides, it still seems slightly shifted to the right. Compare: Lorem (with ) Ipsum

--Jan Kameníček (talk) 00:51, 9 February 2024 (UTC)

 * Agree with all your points here. ShakespeareFan00 (talk) 08:27, 9 February 2024 (UTC)
 * There is also some 'work-arounds' mentioned here - https://stackoverflow.com/questions/73062487/set-width-of-marker although I am not sure how well those would export. ShakespeareFan00 (talk) 12:33, 9 February 2024 (UTC)
 * And sadly those 'work-arounds' do not seem to play nicely with Mediawiki . I tried, but would rather work on something 'useful' than have to continually hit my head against a wall, trying to play 'hunt the qurik', as I said previously. ShakespeareFan00 (talk) 13:54, 9 February 2024 (UTC)
 * Agree, there is no use of spending so much time with this. If no other solution can be found easily, I will be happy to do it the old way. --Jan Kameníček (talk) 14:27, 9 February 2024 (UTC)

Paragraph margin
How can the paragraph margin be set independently from the left margin of the whole list? To illustrate using numbered div:

in compariston with:

How could this be done with this template? --Jan Kameníček (talk) 21:08, 8 February 2024 (UTC)

 * Padding values on the list-item, could be set via optional style.ShakespeareFan00 (talk) 12:34, 9 February 2024 (UTC)

Lists with numbering errors
Sometimes a numbering error may occur in a list. Here is the illustration of such a list, using numbered div:

Can this be achieved with this template, too? --Jan Kameníček (talk) 21:08, 8 February 2024 (UTC)

 * With the current */i this can be done with the parameter. ShakespeareFan00 (talk) 23:28, 8 February 2024 (UTC)

Dots, parentheses and alike
With numbered div it is possible to choose whether the number of the item will or will not have a dot, or parentheses, or whatever else:

How can this be achieved with this template? --Jan Kameníček (talk) 21:25, 8 February 2024 (UTC)

 * Ideally, the modern approach would be to use a CSS before rule, and a counter, but that's not necessarily going to be supported on all browsers.
 * https://en.wikisource.org/w/index.php?title=Index%3ASandbox.djvu%2Fstyles.css&diff=13856690&oldid=13856671
 * for a level 1 test - https://en.wikisource.org/wiki/Page:Sandbox1.djvu/264
 * (for the moment this retains a DIV based approach) ShakespeareFan00 (talk) 23:26, 8 February 2024 (UTC)
 * Well, that does not look like a really user friendly way... Besides, I do not know what is supposed to be seen in the page linked above, but I can see there just an indigo rectangle. --Jan Kameníček (talk) 23:39, 8 February 2024 (UTC)
 * The linked edits show a stylesheet and a sandbox page. Examine the underlying code for a possible approach. But yes I agree it's not understandable without knowing the underlying HTML/CSS. (sigh) :(
 * ShakespeareFan00 (talk) 23:48, 8 February 2024 (UTC)
 * I am afraid I do not understand. Should the linked style sheet result in having the numbered list in the linked sandbox page? Because I cannot see any numbered list anywhere. The sandbox page contains just a coloured rectangle. --Jan Kameníček (talk) 23:58, 8 February 2024 (UTC)
 * The colored rectangle should have numbers in it. I'll tweak it to make it clearerShakespeareFan00 (talk) 00:04, 9 February 2024 (UTC)
 * Well, now I can see the numbers, but the way to achieve it seems overcomplicated in comparison with the template I used above. (Besides there can be also cases with two different lists on one page, one containing e. g. numbers with dots and the other with parentheses, which I suspect would not be possible to do in this way.) And while I finally understood the stylesheet, many other potential contributors will not, so I am afraid the numbered div template still remains the best (easiest) option. --Jan Kameníček (talk) 00:22, 9 February 2024 (UTC)
 * For now. we are hitting up against some CSS limits here.ShakespeareFan00 (talk) 00:27, 9 February 2024 (UTC)
 * Can you do a little digging into what paired values are being supplied for parameters 3and 4 to Numbered div and related? ShakespeareFan00 (talk) 00:28, 9 February 2024 (UTC)
 * I am sorry, I do not understand your question. --Jan Kameníček (talk) 00:40, 9 February 2024 (UTC ) Ah, I got what you mean. I have just done a really quick search and it seems that 2 and -2 are quite frequent pairs, but several times I also saw 4 and -2, besides others (among them e.g. 3 and -6, ...) . (Sorry for being slow to understand). --Jan Kameníček (talk) 01:11, 9 February 2024 (UTC)

title: Template talk:*/i


text:
Page:The Royal Book of Oz.djvu/334

About All of the Oz Books "The Land Oz," and met the Scarecrow (who then was King of the Emerald City} and the Tin Woodman. In this book first appeared Ozma, the lovely little girl Princess, who became the real Queen of all of the Fairyland of Oz.

"Ozma of Oz" followed, and Dorothy, the Scarecrow and the the Woodman had some wonderful adventures. In this book the children first met the Cowardly Lion, the Hungry Tiger, the bad old NomeGnome [sic] King and Billina, the Yellow Hen. "Dorothy and the Wizard in Oz," the next Oz book, is brim-full of the tricks of the jolly little Wizard of Oz, but when the Wizard's tricks fail Princess Ozma uses her Magic Belt to save the situation. In "The Road to Oz" Dorothy meets Button Bright and the funny Shaggy Man and there are adventures a'plenty.

In "The Emerald City of Oz" the wicked old NomeGnome [sic] King and his terrible allies menace the Kingdom of Oz with dire disaster, but Glinda the Goodlovely Sorceress of Ozworks a magic spell, and NomeGnome [sic] King is forced to send his army home without doing any harm Oz folks. "The Patchwork Girl Oz" is a great favorite and Mr. Neill, "the Royal Painter of Oz," has made many funny pictures of her in the Oz book named after her. Scraps and the Glass

title: Page:The Royal Book of Oz.djvu/334


text:
Page:Nature - Volume 1.pdf/30

16 certain remarkable "finds." These are very interesting, 50 objects discovered together being more instructive than 500 found separately. On the remaining plates are represented the most characteristic Danish forms, as well as many unique specimens. The work is devoted to the Stone age (the Bronze age portion, though commenced, not being yet completed), but it must not be supposed that all the specimens of stone implements here figured necessarily belong to the Stone age, although the great majority no doubt do so. It cannot, however, be too often repeated that many stone implements were in use during the Bronze age.

Everyone looking even cursorily at these plates must be struck by the excellence of the Danish flint, and the wonderful mastery which had been acquired over it. The daggers, for instance, represented in Pl. are extraordinary instances of skill in flint chipping, and it must be confessed that such masterpieces could hardly be found in any country but Denmark.

It will be observed also that all the specimens figured belong, or may have belonged, to the Neolithic or second Stone period; there is not in the whole series, nor I believe is there in any of the great Danish museums, a single specimen of the characteristic Paleolithic forms. The rarity of the reindeer and of the mammoth renders this still more significant. We suppose that no one could look through these plates and yet retain any doubts as to the important part played by stone, and especially flint implements, in ancient times; though we must confess that we once showed our collection to a lady, who remained incredulous almost to the last, until we came to a drawer containing a roedeer's horn, which she at once said was evidently of human workmanship, and showed much skill.

The letterpress attached to the plates is confined to twenty pages, of which nine contain an introduction, the rest giving descriptions of the plates. It would, we admit, have been scarcely worth while to describe each specimen figured, but we regret that, excepting as regards the first few plates, no information is given as to the localities in, and the circumstances under, which they were discovered.

The introduction represents very fairly the general opinion of Danish archaeologists, and with it we in the main concur. M. Madsen points out that the large, chambered, tumuli never contain metal, and, like Steenstrup, he doubts whether during that period the inhabitants of Denmark had any other domestic animal than the dog. No doubt some modern races, for instance the Polynesians, present this condition; but then their islands contained no cattle or sheep. It is, we think, very improbable that a people capable of such considerable constructions as the chambered tumuli, would not have tamed the wild cattle of the country.

Neither can we agree with M. Madsen and the Danish antiquaries in fixing the commencement of the Danish Iron age so late as the third century. We know that in southern Europe the use of iron commenced several hundred years earlier, and the great similarity of the bronze weapons all over Europe indicates clearly, we think, that they belonged to one and the same period. We cannot but think that the use of iron, when once discovered, would have spread rapidly over Europe, though it would, no doubt, have remained scarce in a comparatively poor country, as Denmark then was.

Lest our readers should suppose that a book containing more than forty beautifully executed plates must necessarily be very expensive, we may mention that the price is only 1l. 16s. We heartily thank M. Madsen for this valuable addition to our Archæological Libraries.—

HUNDRED years ago, or perhaps even less, a man who displayed a fondness for collecting insects was commonly regarded as a weak-minded individual, whose power of managing his own affairs, although it might in charity be conceded by his neighbours, was at least somewhat doubtful. To use the old Scotch phrase, he was supposed to have "a Bee in his bonnet," because he liked to have a Butterfly under his eyes.

In the present day, although many people may be found who cannot see the use of such pursuits, one runs no risk of a commission de lunatico, on account of a predilection for moths or beetles; and if we may judge from the articles provided for the delectation of the multitude in our popular journals, natural history subjects, including entomology, form a not unattractive portion of their bill of fare.

The fact is, that the cacocthes collignidi is one of the commonest affections of humanity, and there are few forms of the disease more harmless than the entomological one. Pictures and statues, books, prints and old china, call for a very considerable expenditure of hard cash, if it is desired to form ever so small a collection of any of them; but the insect-collector generally brings his treasures together by the labour of his own hands, and his boxes and pins do not cost much. Moreover, the collector of insects can hardly avoid learning something of the structure and habits of the objects of his pursuit—a knowledge which must have a favourable effect upon his own mind, and may frequently enable him to be serviceable to his neighbours.

Mr. Newman's "History of British Moths," which is now completed so far as the larger forms are concerned, is admirably adapted to favour these desirable objects; it not only furnishes good descriptions of the British species of moths, but gives an account of their habits in all stages of their existence. This book, which forms a handsome octavo volume, will be welcomed with enthusiasm by numbers of young entomologists in all parts of the country, as it gives them, in a convenient and intelligible form, pretty nearly all that can be told about the great group of insects of which it treats. It has another claim upon their attention also in the admirably executed woodcuts with which it is illustrated. Mr. Newman has given figures of every species, in many cases of both sexes of the species, and sometimes of their most prominent varieties, and these figures, although from their nature they are only in black and white, have been so carefully drawn, and so admirably cut, that the want of colour is hardly felt.

We reproduce here two of the cuts, which will show how effective the illustrations are. To the country entomologist working at a distance from any library, whence he can obtain the expensive illustrated works in which

title: Page:Nature - Volume 1.pdf/30


text:
Page:Nature - Volume 1.pdf/31

 these insects are represented on coloured plates, these figures, accompanied as they are by good descriptions, will prove an invaluable boon; and we can only hope that Mr. Newman's book, the result of years of study, may meet with the success which it so well deserves. W. S. DALLAS

OUR BOOK SHELF

Text Book of Botany Lehrbuch dcr Botaitik jYir Cyin-

By

iiasicn, Rcalsi-Jnilcn, Sr'C.

Dr. Otto

W. Thomd.

8vo. 358 pp., with 621 woodcuts. (Brunswick, iS6g.) I

vol.

Price

3^-.

indeed, this is a point in his favour; for original obserunless they be men of wide grasp of mind, or of great experience, are apt to ride special hobbies too far, and to be very unfair and crotchety. cursory inspection of this book leaves a favourable impression. It is German, of course, and the first chapter is entitled Die Zellc ii/s fudk'hiinnii, but so far as we can judge it is a handy book for a beginner, and if not all pure milk, it does not seem very badly diluted much 'ers,

A

very copiously iUustrated the cuts by no means all original, and not a few borrowed from this side the Channel, but D. O. none the less well adapted to their purpose. it is

hardly

fair to

look

for.

It is

the Beat of the Heart. Dns Hcmiiiungsnervensysiem des Herzens. By Adolf Bern-

The Retardation of hard Meyer.

(Berlin, 1869.

London

nfrihim)

Exotic Lepidoptera.— Zt/^yc/Arrt Exotica; or, Descriptions and Illustrations of Exotic Lcpidoptcra. By A. G. Butler, F.L.S., &c. (London: E. W. Janson.)

Mr. Butler, who

is well known as an ardent and carestudent of the diurnal Lepidoptera, has undertaken, in conjunction with Mr. Janson as publisher, what will no doubt prove a vei-y valuable and beautiful work. Many new species of Lepidoptera have been described by Mr. Butler himself amongst others without any figure this practice is exceedingly inconvenient to those who attempt to identify species and though, as Mr. Butler observes, it enables those who adopt it to "call the beautiful their " own to a larger extent than if they had to wait for figures, it is nevertheless a reprehensible proceeding, and has afflicted the conscience of one at least who has been guilty of it. Mr. Butler is a very skilful artist, and evidently an intense admirer of the lovely colours and forms of the Consequently it is a matter for insects he deals with. congratulation that he has undertaken to make up for the shortcomings of past times, and intends to bring out once a quarter a part of his " Lepidoptera Exotica," with three coloured plates of new or unfigurcd species. In the two parts already issued, which arc before us, the figures are admirably done, and very handsome whilst the descriptive text is concise, and in Latin in part. Some of Mr. Wallace's Bornean butterflies are figured in the second part. E. R. L.

ful

Dr. Thome's name is new to us. He is a teacher in what we may call the Upper Grammar School at Cologne. Because he has not published original observations it does Rather, not follow that he should be a bad teacher.

cream now-a-days

)

Williams and

Norgate.)

A

CRITICAL and experimental inquiry into the inhibitory action of the pneumogastric nerve on the beat of the heart. The chief features of the experimental investigation are first, the extension of the facts of inhibition to many animals (chielly reptiles) not hitherto specially examined in reference to this point. Curiously enough, in Eniys lutaria the left pneumogastric is inert unfortunately JDr. Meyer has not worked out the cause of this singularity. Second, the author brings experiments to show that the effect of stimulation on the pneumogastric may be kept up for a very long time more than an hour. In frogs the effect may be carried as far as complete stoppage for this time in mammals as far as retardation only of the beat. M. F.

—

—

—

—

Physiology of the Human Voice. Pliysiologic i/nd Pathologic dcr Mcnscliliclicn Stiinnn: By Dr. M. J. Rossbaclu (Wiirzburg. London: WilHams & Norgate.)

A

TREATISE on the physiologj' of the voice, intended by the author to be useful not only to physiologists and pathologists, but also to those engaged in singing or in teaching singing. A chapter on the nature and qualities of sounds, based on Helmholtz' well-known work, and a short one on musical instruments, introduce the main topic, the physiology of the human organ of voice. There are also separate chapters on the vocal register, the different kinds of voice, and the

relations of voice, speech,

and song.

title: Page:Nature - Volume 1.pdf/31


text:
Page:Houghton Mifflin v. Stackpole Sons (40 F.Supp. 975).pdf/2

976 the District Court, with instructions to issue the preliminary injunction as prayed for. 2 Cir., 104 F.2d 306. Subsequently, defendants petitioned for writ of certiorari to the United States Supreme Court. This petition was denied October 29, 1939. 308 U.S. 597, 60 S.Ct. 131, 84 L.Ed. 499. Thereafter plaintiff moved for summary judgment. This motion was granted by an order of the District Court dated February 14, 1940, and plaintiff was awarded a permanent injunction. 31 F.Supp. 517. Defendants then appealed to the Circuit Court of Appeals. On the appeal the Court of Appeals ordered the judgment of the Court below modified in accordance with its opinion. 2 Cir., 113 F.2d 627. Meanwhile, the temporary injunction remained in force.

The mandate of the Circuit Court of Appeals was made the judgment of this (District) Court by order dated December 18, 1940 (filed January 2, 1941). It is provided in this order that: “* * the order of this Court, dated February 14, 1940, be, and the same hereby is, modified in accordance with said opinion of said Circuit Court of Appeals by providing therein that the issue as to the execution of the assignment of copyright of Franz Eher Nachfolger G.m.b.H. to the plaintiff, Houghton Mifflin Company is actually and in good faith controverted and that a trial should be had thereon and that all other material facts in the case are without substantial controversy.”

The single issue presented, therefore, for determination upon the present trial is as to the execution of the assignment of copyright from Franz Eher Nachfolger G.m.b.H. to plaintiff, Houghton Mifflin Company. As stated by the Circuit Court of Appeals, the proof was to be as to “identity of the person who signed it and his authority to act for the German publisher.” 2 Cir., 113 F.2d 627, 628.

Before passing to the immediate question involved, several other matters may properly be noted: (1) the identity of the person who executed the assignment on behalf of plaintiff, Houghton Mifflin Company, and his authority so to act, was conceded upon the trial—there is, therefore, no issue as to this; (2) defendants themselves do not claim any title to these copyrights—they merely challenge plaintiff’s title; (3) the signature “Amann” subscribed immediately following the printed words “Proprietors Frz. Eher Nachf., G.m.b.H.” appearing at the end of the assignment (Pl. Ex. No. 1) is the signature of one Max Amann, of Munich, Germany. (4) As appears of record (S.M. pp. 21, 22, 67, 71) certain evidence offered on behalf of plaintiff was admitted over defendants’ objection. Defendants also moved (S.M. same pages) that this evidence, for the reasons there stated, be stricken. At the time the court withheld decision on this motion. It is here and now overruled. (5) Defendants offered no proof whatsoever. As to this, the record shows (S.M. P. 71) the following: “Mr. Dawson: (Of counsel for plaintiff) The plaintiff rests. Mr. Wittenberg: (Counsel for defendants) The defendant rests.” However, after having rested, defendants moved (S.M. P. 71) “to dismiss the Complaint” for the reasons and upon the grounds appearing in the record. Here again, the Court did not pass on the motion at the time of trial. That motion (to dismiss) is likewise here and now overruled.

As heretofore indicated, the issue presented has two aspects: (1) the identity of the person who signed the assignment, and (2) his authority to act for the German publisher. Plaintiff’s proof was addressed to these specific points. No useful purpose would be served in detailing that evidence here—it is all a matter of record, open to the perusal of anyone interested. For present purposes, it is enough to say that, as disclosed by the record, it was competent, relevant and sufficient. It was adequate on all material matters to sustain the burden placed on plaintiff to establish its case.

Defendants urge that plaintiff has not presented “the best evidence which the case affords” and submit that this (quoting from Tayloe v. Riggs, 1 Pet. 591, 596, 7 L.Ed. 275) “raises a presumption, that, if produced, it might not operate in his [Plaintiff’s] favor.” However, plaintiff was not bound to offer proof according to some standard fixed by defendants nor is there anything to warrant an inference that there was a “withholding” of evidence (the basis of the foregoing quotation from the Tayloe case) upon the part of plaintiff, or in its behalf. The Court of Appeals in its decision (2 Cir., 113 F.2d 627, at page 628) stated that plaintiff “should produce its evidence in the regular way, and submit its witnesses to cross-examination.”


text:
Page:Poor Richard's almanack (IA poorrichardsalma00franrich).pdf/65

 A star preceding a saying signifies that it is to be taken as expressing two distinct and different thoughts.


text:
Page:Poor Richard's almanack (IA poorrichardsalma00franrich).pdf/57

 574. 'Tis great confidence in a friend to tell him your faults, greater to tell him his.

575. 'Tis hard (but glorious) to be poor and honest.

576.* 'Tis less discredit to abridge petty charges, than to stoop to petty gettings.

577. 'Tis not a holiday that's not kept holy.

578. 'Tis a well spent penny that saves a groat.

579. To bear other people's afflictions, every one has courage enough, and to spare.

580.* To be intimate with a foolish friend, is like going to bed with a razor.

581.* To be proud of knowledge, is to be blind with light; to be proud of virtue, is to poison yourself with the antidote.

582. To-day is yesterday's pupil.

583.* To err is human, to repent divine, to persist devilish.

584. To lengthen thy life, lessen thy meals.


text:
Page:Houghton Mifflin v. Stackpole Sons (40 F.Supp. 975).pdf/3

Rh This plaintiff has done, and done in probably the only feasible way possible in view of the present state of world affairs.

Upon a consideration of the whole of the record and the applicable law, the court has arrived at the following Findings of Fact:

1. The assignment of copyrights from Franz Eher Nachfolger G.m.b.H., to plaintiff, dated July 29, 1933, was signed on behalf of Franz Eher Nachfolger G.m.b.H., by one Max Amann, whose signature appears thereon immediately following the words “Proprietors Frz. Eher Nachf., G.m.b.H.”

2. Max Amann, at the time of the execution of the assignment on behalf of Franz Eher Nachfolger, G.m.b.H., was the managing director thereof.

3. Max Amann, as such managing director, had power and authority to act for and bind Franz Eher Nachfolger G.m.b.H. by such execution of an assignment of copyrights on its behalf.

4. The assignment was signed on behalf of plaintiff Houghton Mifflin Company, by one Roger L. Scaife, whose signature appears thereon immediately following the printed words “Publishers Houghton Mifflin Company”.

5. Roger L. Scaife had authority to act for and bind plaintiff Houghton Mifflin Company by such execution of the assignment on its behalf.

1. The assignment of copyright from Franz Eher Nachfolger G.m.b.H. to plaintiff, dated July 29, 1933, was validly executed by and between Franz Eher Nachfolger, G.m.b.H., and plaintiff, Houghton Mifflin Company, and is binding upon them.

2. The entire right, title and interest in and to the copyrights of Franz Eher Nachfolger G.m.b.H. on the literary composition entitled “Mein Kampf”, filed in the Copyright Office in the United States of America, is, and at all times subsequent to July 29, 1933, has been vested in plaintiff, Houghton Mifflin Company.

3. Plaintiff, Houghton Mifflin Company, is entitled to judgment permanently enjoining and restraining the defendants, Stackpole Sons, Inc., and the Telegraph Press, their officers, agents, servants, employees and attorneys, from infringing said copyrights on the literary composition “Mein Kampf” and during the term of said copyrights from printing, publishing, selling, distributing or offering for sale or distribution said literary composition “Mein Kampf”; and directing that plaintiff recover of said defendants such damages, if any, as it may be entitled to, as well as the profits, if any, which defendants have received by reason of the infringement by defendants of said copyrights.

Counsel may prepare and on notice submit to the Court a decree awarding judgment in accordance with the foregoing rulings, findings and conclusions. Unless the decree is agreed to by counsel for the respective parties before its submission the court will not approve it, however, until counsel have had an opportunity to be heard. This is in accordance with the arrangement made in open court at the time of oral argument due to a claim asserted by defendants that because (as defendants contend): “There have never been any findings of fact or conclusions of law in this case. * * * There is an inadequate basis for the entry of any interlocutory judgment.”


text: Houghton Mifflin Co. v. Stackpole Sons (40 F.Supp. 975)


text:
Page:Poor Richard's almanack (IA poorrichardsalma00franrich).pdf/64

62 659. Would you persuade, speak of interest, not of reason.

660.* Write injuries in dust, benefits in marble.

661.* Write with the learned, pronounce with the vulgar.

662. Why does the blind man's wife paint herself?

663.* You can bear your own faults, and why not a fault in your wife.

664. You may be too cunning for one, but not for all.

665. You may delay, but time will not.

666. You may give a man an office, but you cannot give him discretion.

667. You may talk too much on the best subjects.

668. You may sometimes be much in the wrong, in owning your being in the right.

659.* Youth is pert and positive, age modest and doubting; so ears of corn when young and light, stand bolt upright, but hang their heads when weighty, full, and ripe.

670.* You will be careful, if you are wise; how you touch men's religion, or credit, or eyes.


text:
Page:Poor Richard's almanack (IA poorrichardsalma00franrich).pdf/5

Selections from the apothegms and proverbs, with a brief sketch of the life of Benjamin Franklin.


text: Page:Poor Richard's almanack (IA poorrichardsalma00franrich).pdf/6


text:
Page:The life of Charlotte Brontë (IA lifeofcharlotteb02gaskrich).pdf/164

 the records of a mind whence my own sprang; and most strange, and at once sad and sweet, to find that mind of a truly fine, pure, and elevated order. They were written to papa before they were married. There is a rectitude, a refinement, a constancy, a modesty, a sense, a gentleness about them indescribable. I wished that she had lived, and that I had known her All through this month of February, I have had a crushing time of it. I could not escape from or rise above certain most mournful recollections,—the last days, the sufferings, the remembered words—most sorrowful to me, of those who, Faith assures me, are now happy. At evening and bed-time, such thoughts would haunt me, bringing a weary heartache."

The reader may remember the strange prophetic vision, which dictated a few words, written on the occasion of the death of a pupil of hers in January, 1840:

"Wherever I seek for her now in this world, she cannot be found; no more than a flower or a leaf which withered twenty years ago. A bereavement of this kind gives one a glimpse of the feeling those must have, who have seen all drop round them—friend after friend, and are left to end their pilgrimage alone."

Even in persons of naturally robust health, and with no