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Rh us spiritual even now, and the mortal is swallowed up by immortality. "For ye," he declares, "are not in the flesh, but in the Spirit, if so be that the Spirit of God dwell in you." This, however, does not take place by a casting away of the flesh, but by the impartation of the Spirit. For those to whom he was writing were not without flesh, but they were those who had received the Spirit of God, "by which we cry, Abba, Father." If therefore, at the present time, having the earnest, we do cry, "Abba, Father," what shall it be when, on rising again, we behold Him face to face; when all the members shall burst out into a continuous hymn of triumph, glorifying Him who raised them from the dead, and gave the gift of eternal life? For if the earnest, gathering man into itself, does even now cause him to cry, "Abba, Father," what shall the complete grace of the Spirit effect, which shall be given to men by God? It will render us like unto Him, and accomplish the will of the Father; for it shall make man after the image and likeness of God.

2. Those persons, then, who possess the earnest of the Spirit, and who are not enslaved by the lusts of the flesh, but are subject to the Spirit, and who in all things walk according to the light of reason, does the apostle properly; term "spiritual," because the Spirit of God dwells in them. Now, spiritual men shall not be incorporeal spirits; but our substance, that is, the union of flesh and spirit, receiving the Spirit of God, makes up the spiritual man. But those who do indeed reject the Spirit's counsel, and are the slaves of fleshly lusts, and lead lives contrary to reason, and who, without restraint, plunge headlong into their own desires, having no longing after the Divine Spirit, do live after the manner of swine and of dogs; these men, [I say], does the apostle very properly term "carnal," because they have no thought of anything else except carnal things.

3. For the same reason, too, do the prophets compare them to irrational animals, on account of the irrationality of


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Rh I say to you?" For men of this stamp do indeed say that they believe in the Father and the Son, but they never meditate as they should upon the things of God, neither are they adorned with works of righteousness; but, as I have already observed, they have adopted the lives of swine and of dogs, giving themselves over to filthiness, to gluttony, and recklessness of all sorts. Justly, therefore, did the apostle call all such "carnal" and "animal," —[all those, namely], who through their own unbelief and luxury do not receive the Divine Spirit, and in their various phases cast out from themselves the life-giving Word, and walk stupidly after their own lusts: the prophets, too, spake of them as beasts of burden and wild beasts; custom likewise has viewed them in the light of cattle and irrational creatures; and the law has pronounced them unclean.

1. Among the other [truths] proclaimed by the apostle, there is also this one, "That flesh and blood cannot inherit the kingdom of God." This is [the passage] which is adduced by all the heretics in support of their folly, with an attempt to annoy us, and to point out that the handiwork of God is not saved. They do not take this fact into consideration, that there are three things out of which, as I have shown, the complete man is composed—flesh, soul, and spirit. One of these does indeed preserve and fashion [the man]—this is the spirit; while as to another it is united and formed—that is the flesh; then [comes] that which is between these two—that is the soul, which sometimes indeed, when it follows the spirit, is raised up by it, but sometimes it sympathizes with the flesh, and falls into carnal lusts. Those then, as many as they be, who have not that which saves and forms [us] into life [eternal], shall be, and shall be called, [mere] flesh and blood; for these are they who have not the Spirit

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RV 577 (Rh)


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 fingers. We speak of "liver" and "digestion" when we mean the failure of liver and the absence of digestion. And in the same manner we speak of the dangers of logic, when what we really mean is the danger of fallacy.

But the real point about the limitation of logic and the partial overthrow of logic by writers like Carlyle is deeper and somewhat different. The fault of the great mass of logicians is not that they bring out a false result, or, in other words, are not logicians at all. Their fault is that by an inevitable psychological habit they tend to forget that there are two parts of a logical process, the first the choosing of an assumption, and the second the arguing upon it, and humanity, if it devotes itself too persistently to the study of sound reasoning, has a certain tendency to lose the faculty of sound assumption. It is astonishing how constantly one may hear from rational and even rationalistic persons such a phrase as "He did not prove the very thing with which he started," or, "The whole of his case rested upon a pure

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RV 578 (Rh)

In a few instances, there are two or three characters for the same Amharic syllable. These characters are contrasted with each other in Geez, but are more or less interchangeable in Amharic.

To put it another way, there are alternative spellings for certain Amharic words.

Note that the vowel of /gı'ız/ and that of /rabı/ in ሀ, ሐ, ኀ, አ and ዐ is the same, i.e.

Note also that in modern Amharic the character 18 ሽ is written in the first order /gı'ız/ only. Syllables /hu/, /hi/, /ha/, /he/, /hı/ and /ho/ are represented by 1, 3 or 13.

All symbols listed under the sixth order (/sadıs/) may represent either a consonant followed by the vowel /ı/, or consonant only, e.g. ህ may be /hı/ or /h/; ብ may be /bı/ or /b/; ን may be /nı/ or /n/, etc.


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 ," two peculiarities which may be found by the curious in the works of Euclid. It is astonishing, again, how constantly one hears rationalists arguing upon some deep topic, apparently without troubling about the deep assumptions involved, having lost their sense, as it were, of the real colour and character of a man's assumption. For instance, two men will argue about whether patriotism is a good thing and never discover until the end, if at all, that the cosmopolitan is basing hi8 whole case upon the idea that man should, if he can, become as God, with equal sympathies and no prejudices, while the nationalist denies any such duty at the very start, and regards man as an animal who has preferences, as a bird has feathers.

Thus it was with Carlyle: he startled men by attacking not arguments, but assumptions. He simply brushed aside all the matters which the men of the nineteenth century held to be incontrovertible, and appealed directly to the very different class of matters

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76 of God in themselves. Wherefore men of this stamp are spoken of by the Lord as "dead;" for, says He, "Let the dead bury their dead," because they have not the Spirit which quickens man.

2. On the other hand, as many as fear God and trast in His Son's advent, and who through faith do estabhsh the Spirit of God in their hearts,—such men as these shall be properly called both "pure," and "spiritual," and "those living to God," because they possess the Spirit of the Father, wlio purifies man, and raises him up to the life of God. For as the Lord has testified that "the flesh is weak," so [does He also say] that "the spirit is willing." For this latter is capable of working out its own suggestions. If, therefore, any one admix the ready inclination of the Spirit to be, as it were, a stimulus to the infirmity of the flesh, it inevitably follows that what is strong will prevail over the weak, so that the weakness of the flesh will be absorbed by the strength of the Spirit; and that the man in whom this takes place cannot in that case be carnal, but spiritual, because of the fellowship of the Spirit. Thus it is, therefore, that the martyrs bear their witness, and despise death, not after the infirmity of the flesh, but because of the readiness of the Spirit. For when the infirmity of the flesh is absorbed, it exhibits the Spirit as powerful; and again, when the Spirit absorbs the weakness [of the flesh], it possesses the flesh as an inheritance in itself, and from both of these is formed a living man,—living, indeed, because he partakes of the Spirit, but man, because of the substance of flesh.

3. The flesh, therefore, when destitute of the Spirit of God, is dead, not having life, and cannot possess the kingdom of God: [it is as] irrational blood, like water poured out upon the ground. And therefore he says, "As is the earthy, such are they that are earthy." But where the Spirit of the Father is, there is a living man; [there is] the rational blood preserved by God for the avenging [of those that shed it]; [there is] the flesh possessed by the Spirit, forgetful indeed of what belongs to it, and adopting the quality of the Spirit,


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 which they knew to be true. He induced men to study less the truth of their reasoning, and more the truth of the assumptions upon which they reasoned. Even where his view was not the highest truth, it was always a refreshing and beneficent heresy. He denied every one of the postulates upon which the age of reason based itself. He denied the theory of progress which assumed that we must be better off than the people of the twelfth century. Whether we were better than the people of the twelfth century, according to him, depended entirely upon whether we chose or deserved to be.

He denied every type and species of prop or associtionassociation [sic] or support which threw the responsibility upon civilisation or society, or anything but the individual conscience. He has often been called a prophet. The real ground of the truth of this phrase is often neglected. Since the last era of purely religious literature, the era of English Puritanism, there has been no writer in whose eyes the soul stood so much alone.

Carlyle was, as we have suggested, a mystic, and

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Rh being made conformable to the Word of God. And on this account he (the apostle) declares, "As we have borne the image of him who is of the earth, we shall also bear the image of Him who is from heaven." What, therefore, is the earthly? That which was fashioned. And what is the heavenly? The Spirit. As therefore he says, when we were destitute of the celestial Spirit, we walked in former times in the oldness of the flesh, not obeying God; so now let us, receiving the Spirit, walk in newness of life, obeying God. Inasmuch, therefore, as without the Spirit of God we cannot be saved, the apostle exhorts us through faith and chaste conversation to preserve the Spirit of God, lest, having become non-participators of the Divine Spirit, we lose the kingdom of heaven; and he exclaims, that flesh in itself, and blood, cannot possess the kingdom of God.

4. If, however, we must speak strictly, [we would say that] the flesh does not inherit, but is inherited; as also the Lord declares, "Blessed are the meek, for they shall possess the earth by inheritance;" as if in the [future] kingdom, the earth, from whence exists the substance of our flesh, is to be possessed by inheritance. This is the reason for His wishing the temple (i.e. the flesh) to be clean, that the Spirit of God may take delight therein, as a bridegroom with a bride. As, therefore, the bride cannot [be said] to wed, but to be wedded, when the bridegroom comes and takes her, so also the flesh cannot by itself possess the kingdom of God by inheritance; but it can be taken for an inheritance into the kingdom of God. For a living person inherits the goods of the deceased; and it is one thing to inherit, another to be inherited. The former rules, and exercises power over, and orders the things inherited at his will; but the latter things are in a state of subjection, are under orders, and are ruled over by him who has obtained the inheritance. What, therefore, is it that lives? The Spirit of God, doubtless. What, again, are the possessions of the deceased? The various parts of the man, surely, which rot in the earth. But these are inherited by the Spirit when they are translated into the kingdom of heaven. For


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78 this cause, too, did Christ die, that the gospel covenant being manifested and known to the whole world, might in the first place set free His slaves; and then afterwards, as I have already shown, might constitute them heirs of His property, w^hen the Spirit possesses them by inheritance. For he who lives inherits, but the flesh is inherited. In order that we may not lose life by losing that Spirit which possesses us, the apostle, exhorting us to the communion of the Spirit, has said, according to reason, in those words already quoted, "That flesh and blood cannot inherit the kingdom of God." Just as if he were to say, "Do not err; for unless the Word of God dwell with, and the Spirit of the Father be in you, and if ye shall live frivolously and carelessly as if ye were this only, viz. mere flesh and blood, ye cannot inherit the kingdom of God."

1. This truth, therefore, [he declares], in order that we may not reject the engrafting of the Spirit while pampering the flesh. "But thou, being a wild olive-tree," he says, "hast been grafted into the good olive-tree, and been made a partaker of the fatness of the olive-tree." As, therefore, when the wild olive has been engrafted, if it remain in its former condition, viz. a wild olive, it is "cut off, and cast into the fire;" but if it takes kindly to the graft, and is changed into the good olive-tree, it becomes a fruit-bearing olive, planted, as it were, in a king's park (paradiso): so likewise men, if they do truly progress by faith towards better things, and receive the Spirit of God, and bring forth the fruit thereof, shall be spiritual, as being planted in the paradise of God. But if they cast out the Spirit, and remain in their former condition, desirous of being of the flesh rather


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French CJ

Warning and explanatory messages and photographs and their layouts are prescribed. The CCA also provides for safety standards and information standards required of tobacco products.

The TPCPI Regulations and the safety and information standards made or declared under the CCA prevail to the extent of any inconsistency with the TPP Act. That paramountcy does not change the legal effect of those regulations and standards. It does no more than preclude any operation of the TPP Act which is inconsistent with them. The JTI proceedings

By a writ of summons and statement of claim filed in this Court on 15 December 2011 naming the Commonwealth of Australia as defendant, JTI sought a declaration, relying upon s 15 of the TPP Act, that the TPP Act does not apply and has no operation in its application to trade marks and get-up used on tobacco products sold by JTI. In the alternative, JTI sought a declaration that the TPP Act is invalid in its application to the trade marks and the get-up.

It was not in dispute that JTI is the registered owner or exclusive licensee of registered trade marks which it is entitled to use in the retail packaging and appearance of the Camel brand of cigarettes and the Old Holborn brand of handrolling tobacco ("the tobacco products") currently sold in Australia. JTI said that, until the commencement of ss 17-27A and ss 30-48 of the TPP Act, it would have the right to determine the appearance of these tobacco products and the form and appearance of at least 70 per cent of the front and at least 10 per cent of the back of the packaging of the tobacco products.

JTI alleged that its tobacco products used distinctive trade dress and getup, including arrangements of words, colours, designs, logos, lettering and markings which distinguish them from other tobacco products. It claimed to


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 mysticism was with him, as with all its genuine professors, only a transcendent form of common sense. Mysticism and common sense alike consist in a sense of the dominance of certain truths and tendencies which cannot be formally demonstrated or even formally named. Mysticism and common sense are alike appeals to realities that we all know to be real, but which have no place in argument except as postulates. Carlyle's work did consist in breaking through formulæ, old and new, to these old and silent and ironical sanities. Philosophers might abolish kings a hundred times over, he maintained, they could not alter the fact that every man and woman does choose a king and repudiate all the pride of citizenship for the exultation of humility. If inequality of this kind was a weakness, it was a weakness bound up with the very strength of the universe. About hero worship, indeed, few critics have done the smallest justice to Carlyle. Misled by those hasty and choleric passages in which he sometimes expressed a preference for mere violence, passages

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Rh than of the Spirit, then it is very justly said with regard to men of this stamp, "That flesh and blood shall not inherit the kingdom of God;" just as if any one were to say that the wild olive is not received into the paradise of God. Admirably therefore does the apostle exhibit our nature, and God's universal appointment, in his discourse about flesh and blood and the wild olive. For as the good olive, if neglected for a certain time, if left to grow wild and to run to wood, does itself become a wild olive; or again, if the wild olive be carefully tended and grafted, it naturally reverts to its former fruit-bearing condition: so men also, when they become careless, and bring forth for fruit the lusts of the flesh like woody produce, are rendered, by their own fault, unfruitful in righteousness. For when men sleep, the enemy sows the material of tares; and for this cause did the Lord command His disciples to be on the watch. And again, those persons who are not bringing forth the fruits of righteousness, and are, as it were, covered over and lost among brambles, if they use diligence, and receive the word of God as a graft, arrive at the pristine nature of man—that which was created after the image and likeness of God.

2. But as the engrafted wild olive does not certainly lose the substance of its wood, but changes the quality of its fruit, and receives another name, being now not a wild olive, but a fruit-bearing olive, and is called so; so also, when man is grafted in by faith and receives the Spirit of God, he certainly does not lose the substance of flesh, but changes the quality of the fruit [brought forth, i.e.] of his works, and receives another name, showing that he has become changed for the better, being now not [mere] flesh and blood, but a spiritual man, and is called such. Then, again, as the wild olive, if it be not grafted in, remains useless to its lord because of its woody quality, and is cut down as a tree bearing no fruit, and cast into the fire; so also man, if he does not receive through faith the engrafting of the Spirit, remains in his old condi-


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French CJ

have rights of use of this "Get-up" capable of being enforced by an action for passing off or for misleading or deceptive conduct.

JTI asserted that its rights in the trade marks and their get-up are "property" for the purposes of s 51(xxxi) of the Constitution. It claimed that the provisions of the TPP Act constituted an acquisition of its property otherwise than on just terms and, but for s 15, would be wholly invalid and of no effect.

The Commonwealth admitted that the trade mark was property but denied that characterisation with respect to the get-up and rights said to be associated with it. It pleaded that both the trade mark rights and the get-up rights were, in any event, susceptible to regulation including, in particular, under Commonwealth laws of the kind in the TPP Act. The Commonwealth denied that any of the matters alleged in JTI's statement of claim established that the TPP Act effected or would effect an acquisition of property otherwise than on just terms to which s 51(xxxi) applied.

The Commonwealth pleaded that the consumption of JTI's tobacco products and the tobacco products of other manufacturers, importers and distributers is harmful to the public and to the public interest. The Commonwealth also asserted the existence of "a rational and/or cogent basis" for concluding that the plain packaging of tobacco products would reduce their appeal to members of the public and increase the effectiveness of health warnings on the retail packaging of the products. It was also asserted that such packaging would also reduce the ability of the retail packaging of tobacco products to mislead members of the public about the harmful effects of smoking. The JTI demurrer

In its reply to the defence, JTI demurred on the following grounds:

1. Its trade marks and the get-up constitute "property" within s 51(xxxi) of the Constitution.

2. The TPP Act would, apart from s 15, result in an acquisition of that property within s 51(xxxi) of the Constitution.

3. That acquisition would be otherwise than on just terms.


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 which were a great deal more connected with his temperament than with his philosophy, they have finally imbibed the notion that Carlyle's theory of hero worship was a theory of terrified submission to stern and arrogant men. As a matter of fact, Carlyle is really inhumane about some questions, but he is never inhumane about hero worship. His view is not that human nature is so vulgar and silly a thing that it must be guided and driven; it is, on the contrary, that human nature is so chivalrous and fundamentally magnanimous a thing that even the meanest have it in them to love a leader more than themselves, and to prefer loyalty to rebellion. When he speaks of this trait in human nature Carlyle's tone invariably softens. We feel that for the moment he is kindled with admiration of mankind, and almost reaches the verge of Christianity. Whatever else was acid and captious about Carlyle's utterances, his hero worship was not only humane, it was almost optimistic. He admired great men primarily, and perhaps correctly, because he thought that they were more human than

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80 tion, and being [mere] flesh and blood, he cannot inherit the kingdom of God. Rightly therefore does the apostle declare, "Flesh and blood cannot inherit the kingdom of God;" and, "Those who are in the flesh cannot please God:" not repudiating [by these words] the substance of flesh, but showing that into it the Spirit must be infused. And for this reason he says, "This mortal must put on immortality, and this corruptible must put on incorruption." And again he declares, "But ye are not in the flesh, but in the Spirit, if so be that the Spirit of God dwell in you." He sets this forth still more plainly, where he says, "The body indeed is dead, because of sin; but the Spirit is life, because of righteousness. But if the Spirit of Him who raised up Jesus from the dead dwell in you. He that raised up Christ from the dead shall also quicken your mortal bodies, because of His Spirit dwelling in you." And again he says, in the Epistle to the Romans, "For if ye live after the flesh, ye shall die." [Now by these words] he does not prohibit them from living their lives in the flesh, for he was himself in the flesh when he wrote to them; but he cuts away the lusts of the flesh, those which bring death upon a man. And for this reason he says in continuation, "But if ye through the Spirit do mortify the works of the flesh, ye shall live. For whosoever are led by the Spirit of God, these are the sons of God."

1. [The apostle], foreseeing the wicked speeches of unbelievers, has particularized the works which he terms carnal; and he explains himself, lest any room for doubt be left to


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French CJ

1. Factual matters alleged in various parts of the defence were irrelevant to the constitutional validity of the TPP Act.

JTI sought judgment by way of declaration if the demurrer were upheld. In the event that the demurrer were overruled, it sought to have the matter remitted for trial and further orders.

BAT commenced proceedings against the Commonwealth by a writ of summons issued out of this Court on 1 December 2011. They claimed a declaration that the TPP Act would not apply to their tobacco products and packaging and, alternatively, a declaration that the TPP Act is invalid.

In its statement of claim, BAT identified a number of categories of property rights which may be paraphrased as follows:

1. Registered and unregistered trade marks which it is entitled to use for tobacco products and the packaging of tobacco products in Australia and to authorise others to carry out such acts.

2. Copyright in artistic and literary works which it is entitled to reproduce for

3. tobacco products and the packaging of tobacco products.

4. Distinctive trade dress and get-up for tobacco products which use the trade marks and/or reproduce the copyright works.

5. Substantial reputation and goodwill arising from the use in Australia by British American Tobacco Australia Ltd of the trade marks, the copyright works and/or the get-up in conjunction with tobacco products and the packaging of tobacco products.

6. A design registered under the Designs Act 2003 (Cth).

7. Two patents registered pursuant to the Patents Act 1990 (Cth).

8. Packaging rights:1. to manufacture, import, sell and use tobacco products and packaging of tobacco products in such shape or design as BAT may choose; and


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 other men. The evil side of the influence of Carlyle and his religion of hero worship did not consist in the emotional worship of valour and success; that was a part of him, as, indeed, it is a part of all healthy children. Where Carlyle really did harm was in the fact that he, more than any modern man, is responsible for the increase of that modern habit of what is vulgarly called "Going the whole hog." Often in matters of passion and conquest it is a singularly hoggish hog. This remarkable modern craze for making one's philosophy, religion, politics, and temper all of a piece, of seeking in all incidents for opportunities to assert and reassert some favourite mental attitude, is a thing which existed comparatively little in other centuries. Solomon and Horace, Petrarch and Shakespeare were pessimists when they were melancholy, and optimists when they were happy. But the optimist of to-day seems obliged to prove that gout and unrequited love make him dance with joy, and the pessimist of to-day to prove that sunshine and a good supper convulse him with inconsolable anguish.

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 was strongly possessed with this mania for spiritual consistency. He wished to take the same view of the wars of the angels and of the paltriest riot at Donnybrook Fair. It was this species of insane logic which led him into his chief errors, never his natural enthusiasms. Let us take an example. Carlyle's defence of slavery is a thoroughly ridiculous thing, weak alike in argument and in moral instinct. The truth is, that he only took it up from the passion for applying everywhere his paradoxical defence of aristocracy. He blundered, of course, because he did not see that slavery has nothing in the world to do with aristocracy, that it is, indeed, almost its opposite. The defence which Carlyle and all its thoughtful defenders have made for aristocracy was that a few persons could more rapidly and firmly decide public affairs in the interests of the people. But slavery is not even supposed to be a government for the good of the governed. It is a possession of the governed avowedly for the good of the governors. Aristocracy uses the strong for the service of the weak; slavery

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French CJ

1. Goodwill attaching to the exploitation in Australia of the packaging rights.

2. Intellectual property licence rights held by British American Tobacco Australia Ltd in relation to the use of the trade marks in Australia, reproduction and publication of the copyright works, use of the get-up, and to manufacture and sell packaging embodying the design and/or exploiting one of the patents.

The registered trade marks took the form of words, package get-up and colour used in relation to the Winfield brand of cigarettes. The unregistered marks were of the same kind. The literary and artistic works were embodied in the text and colour of Winfield cigarette packs. The registered design related to the features of shape and configuration of a ribbed pack for cigarettes. The patents related to inventions claimed for the way in which cigarettes are sealed within a pack and the provision of increased internal surface area which could be utilised for printing information or graphics. 26

BAT alleged that the provisions of the TPP Act would, but for the operation of s 15 of that Act result in an acquisition of BAT's property comprising the trade marks, the copyright works, the get-up, the licensing goodwill, the design, the patents, the packaging rights, the packaging goodwill and the intellectual property licence rights otherwise than on just terms. It thereby alleged that, by reason of s 15, the provisions of the TPP Act do not apply to and have no operation with respect to BAT's tobacco products and packaging of tobacco products. In the alternative, BAT asserted that the TPP Act is invalid as conferring legislative power on the judicial branch of government by reason of the fact that the extent to which conduct is rendered criminal by the TPP Act is determined by the extent to which s 51(xxxi) of the Constitution would, but for s 15 of the TPP Act, be engaged. It further alleged that the TPP Act is invalid because it does not provide for a rule of conduct or a declaration as to power, right or duty and also because its purported enactment thereby did not involve an exercise of the power to make "laws" conferred by the Constitution upon the Commonwealth Parliament.

On 27 February 2012, Gummow J reserved questions in the BAT proceedings under s 18 of the Judiciary Act 1903 (Cth) for consideration by the Full Court. The questions were:

1. "Apart from s 15 of the TPP Act, would all or some of the provisions of the TPP Act result in an acquisition of any, and if so


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 uses the weak for the service of the strong. It is no derogation to man as a spiritual being, as Carlyle firmly believed he was, that he should be ruled and guided for his own good like a child—for a child who is always ruled and guided we regard as the very type of spiritual existence. But it is a derogation and an absolute contradiction to that human spirituality in which Carlyle believed that a man should be owned like a tool for someone else's good, as if he had no personal destiny in the Cosmos. We draw attention to this particular error of Carlyle's because we think that it is a curious example of the waste and unclean places into which that remarkable animal, "the whole hog," more than once led him.

In this respect Carlyle has had unquestionably long and an unquestionably bad influence. The whole of that recent political ethic which conceives that if we only go far enough we may finish a thing for once and all, that being strong consists chiefly in being deliberately deaf and blind, owes a great deal of its complete sway to his example. Out of him flows most

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 of the philosophy of Nietzsche, who is in modern times the supreme maniac of this moonstruck consistency. Though Nietzsche and Carlyle were in reality profoundly different, Carlyle being a stiff-necked peasant and Nietzsche a very fragile aristocrat, they were alike in this one quality of which we speak, the strange and pitiful audacity with which they applied their single ethical test to everything in heaven and earth. The disciple of Nietzsche, indeed, embraces immorality like an austere and difficult faith. He urges himself to lust and cruelty with the same tremulous enthusiasm with which a Christian urges himself to purity and patience; he struggles as a monk struggles with bestial visions and temptations with the ancient necessities of honour and justice and compassion. To this madhouse, it can hardly be denied, has Carlyle's intellectual courage brought many at last.

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RV 579 (Rh) The doubling of consonants is not indicated in the writing system. The word አለ may be read /alə/ 'he said' or /allə/ 'there is'; አባይ /abay/ 'a liar' or /abbay/ 'Nile'; ገና /gəna/ 'yet' or /gənna/ 'Christmas', etc. The meaning is determined by the context.

A closer examination of the Amharic Syllabary shows that the majority of characters are predictable modifications of their basic form, i.e. from the first order /gı'ız/. Thus the second order /ka'ıb/ is characterized by a hooked dash /¬/ usually attached to the center of the right side of the character, e.g.

In /salıs/ (order III) a similar dash is attached to the bottom part of the right side of the character or to its extension, e.g.

Characters of the fourth order /rabı/ have three basic patterns:

a) The ones which are two- or three-legged in the basic form have the right leg extended, e.g.


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whole world is certainly heading for a great simplicity, not deliberately, but rather inevitably. It is not a mere fashion of false innocence, like that of the French aristocrats before the Revolution, who built an altar to Pan, and who taxed the peasantry for the enormous expenditure which is needed in order to live the simple life of peasants. The simplicity towards which the world is driving is the necessary outcome of all our systems and speculations and of our deep and continuous contemplation of things. For the universe is like everything in it; we have to look at it repeatedly and habitually before we see it. It is only when we have seen it for the hundredth time that we see it for the first time. The more consistently things are

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, the more they tend to unify themselves and therefore to simplify themselves. The simplification of anything is always sensational. Thus monotheism is the most sensational of things: it is as if we gazed long at a design full of disconnected objects, and, suddenly, with a stunning thrill, they came together into a huge and staring face.

Few people will dispute that all the typical movements of our time are upon this road towards simplification. Each system seeks to be more fundamental than the other; each seeks, in the literal sense, to undermine the other. In art, for example, the old conception of man, classic as the Apollo Belvedere, has first been attacked by the realist, who asserts that man, as a fact of natural history, is a creature with colourless hair and a freckled face. Then comes the Impressionist, going yet deeper, who asserts that to his physical eye, which alone is certain, man is a creature with purple hair and a grey face. Then comes the Symbolist, and says that to his soul, which alone is certain, man is a creature with green hair and

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 a blue face. And all the great writers of our time represent in one form or another this attempt to reestablish communication with the elemental, or, as it is sometimes more roughly and fallaciously expressed, to return to nature. Some think that the return to nature consists in drinking no wine; some think that it consists in drinking a great deal more than is good for them. Some think that the return to nature is achieved by beating swords into ploughshares; some think it is achieved by turning ploughshares into very ineffectual British War Office bayonets. It is natural, according to the Jingo, for a man to kill other people with gunpowder and himself with gin. It is natural, according to the humanitarian revolutionist, to kill other people with dynamite and himself with vegetarianism. It would be too obviously Philistine a sentiment, perhaps, to suggest that the claim of either of these persons to be obeying the voice of nature is interesting when we consider that they require huge volumes of paradoxical argument to persuade themselves or anyone else of the truth of their conclusions.

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 But the giants of our time are undoubtedly alike in that they approach by very different roads this conception of the return to simplicity. Ibsen returns to nature by the angular exterior of fact, Maeterlinck by the eternal tendencies of fable. Whitman returns to nature by seeing how much he can accept, Tolstoy by seeing how much he can reject.

Now, this heroic desire to return to nature, is, of course, in some respects, rather like the heroic desire of a kitten to return to its own tail. A tail is a simple and beautiful object, rhythmic in curve and soothing in texture; but it is certainly one of the minor but characteristic qualities of a tail that it should hang behind. It is impossible to deny that it would in some degree lose its character if attached to any other part of the anatomy. Now, nature is like a tail in the sense that it vitally important, if it is to discharge its real duty, that it should be always behind. To imagine that we can see nature, especially our own nature, face to face, is a folly; it is even a blasphemy. It is like the conduct of a cat in some mad fairy-tale,

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 who should set out on his travels with the firm conviction that he would find his tail growing like a tree in the meadows at the end of the world. And the actual effect of the travels of the philosopher in search of nature, when seen from the outside, looks very like the gyrations of the tail-pursuing kitten, exhibiting much enthusiasm but little dignity, much cry and very little tail. The grandeur of nature is that she is omnipotent and unseen, that she is perhaps ruling us most when we think that she is heeding us least. "Thou art a God that hidest Thyself," said the Hebrew poet. It may be said with all reverence that it is behind a man's back that the spirit of nature hides.

It is this consideration that lends a ccrtain air of futility even to all thc inspired simplicitics and thunderous veracities of Tolstoy. We feel that a man cannot make himself simplc mcrely by warring on complexity; we feel, indeed, in our saner moments, that a man cannot make himself simple at all. A self-conscious simplicity may well be far more

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BE-MOST HONOR'D LORD,


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 ornate than luxury itself. Indeed, a great deal of the pomp and sumptuousness of the world's history was simple in the truest sense. It was born of an almost babyish receptiveness; it was the work of men who had eyes to wonder and men who had ears to hear.

But this proceeding was not a part of the wisdom of Solomon; it was a part of his folly—I had almost said of his innocence. Tolstoy, we feel, would not be content with hurling satire and denunciation at "Solomon in all his glory." With fierce and unimpeachable logic he would go a step further. He would spend days and nights in the meadows stripping the shameless crimson coronals off the lilies of the field.

The new collection of "Tales from Tolstoy," translated and edited by Mr. R. Nisbet Bain, is calculated to draw particular attention to this ethical and ascetic

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 side of Tolstoy's work. In one sense, and that the deepest sense, the work of Tolstoy is, of course, a genuine and noble appeal to simplicity. The narrow notion that an artist may not teach is pretty well exploded by now. But the truth of the matter is, that an artist teaches far more by his mere background and properties, his landscape, his costume, his idiom and technique—all the part of his work, in short, of which he is probably entirely unconscious, than by the elaborate and pompous moral dicta which he fondly imagines to be his opinions. The real distinction between the ethics of high art and the ethics of manufactured and didactic art lies in the simple fact that the bad fable has a moral, while the good fable is a moral. And the real moral of Tolstoy comes out constantly in these stories, the great moral which lies at the heart of all his work, of which he is probably unconscious, and of which it is quite likely that he would vehemently disapprove. The curious cold white light of morning that shines over all the tales, the folklore simplicity with which "a

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 man or a woman" are spoken of without further identification, the love—one might almost say the lust—for the qualities of brute materials, the hardness of wood, and the softness of mud, the ingrained belief in a certain ancient kindliness sitting beside the very cradle of the race of man—these influences are truly moral. When we put beside them the trumpeting and tearing nonsense of the didactic Tolstoy, screaming for an obscene purity, shouting for an inhuman peace, hacking up human life into small sins with a chopper, sneering at men, women, and children out of respect to humanity, combining in one chaos of contradictions an unmanly Puritan and an uncivilised prig, then, indeed, we scarcely know whither Tolstoy has vanished. We know not what to do with this small and noisy moralist who is inhabiting one corner of a great and good man.

It is difficult in every case to reconcile Tolstoy the great artist with Tolstoy the almost venomous reformer. It is difficult to believe that a man who draws in such noble outlines the dignity of the daily life

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Rh


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Transcription
The text of the work is transcribed 'as-is', with the following exceptions:-

 * The long 's' is not replicated.

Chrisguise (talk) 07:25, 25 September 2023 (UTC)
 * In a few instances on some pages 'w' is represented by 'vv'. These are transcribed as 'w'.

Sidenotes
Sidenotes have been converted to footnotes. Due to the poor quality of the scan, it is difficult to read the sidenotes, especially those which include Greek. Their content has been gleaned by reference to both this work and later editions, mainly one from 1858 Chrisguise (talk) 10:27, 26 September 2023 (UTC)

ToC naming convention
The titles of the individual poems have been retained as printed (spelling preserved).

Where two poems have the same title, or have a title such as 'To the same', the file names are differentiated by (1), (2), etc. Chrisguise (talk) 07:07, 5 October 2023 (UTC)


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 76 THE INTERNATIONAL JEW

did not work for publishers but for the satisfaction of their work. There were no great fortunes made out of songs, but there were many satisfactions in having pleased the public taste.

The public taste, like every other taste, craves what is given it most to feed upon. Public taste is public habit. The public is blind to the source of that upon which it lives, and it adjusts itself to the supply. Public taste is raised or lowered as the quality of its pabulum improves or degenerates. In a quarter of a century, given all the avenues of publicity like theater, movie, popular song, saloon and newspaper in the meantime having thrown the mantle of contempt over all counteractive moral agencies you can turn out nearly the kind of public you want. It takes just about a quarter of a century to do a good job.

In other days the people sang as they do now, but not in such doped fashion nor with such bewildering continuity. They sang songs nonsensical, sentimental and heroic, but the "shady" songs were outlawed. If sung at all, the "shady" songs were kept far from the society of decent people. Like the styles of the demimonde that formerly were seen only in the abandoned sections of cities, the songs of smut had their geographical confinement, but like the fashions of the demimonde they broke out of their confines to spread among polite society.

The old songs come readily back to memory. Though years have intervened since they were the fashion, yet their quality was such that they do not die. The popular song of last month who knows its name? But there are songs of long ago whose titles are familiar even to those who have not sung them.

Recall their names-"Listen to the Mocking Bird" -what song today has been boosted to general acceptance on such a simple theme ? The only "birds" the people are encouraged to sing about today are "flappers" and "chickens."

And there were "Ben Bolt"; "Nellie Gray"; "Juanita"; "The Old Folks at Home"; "The Hazel


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52 The word ucca refers both to mandocca ("apsis") and sighrocca ("conjunction").

Parameśvara explains that the number of revolutions of the epicycle of the apsis of the Moon is equal to the difference between the number of revolutions of the Moon and the revolutions of its apsis; that since the apsides of the six others are stationary, the number of revolutions of the epicycles of their apsides is equal to the number of revolutions of the planets; and that the number of revolutions of the epicycles of the conjunctions of Mercury, Venus, Mars, Jupiter, and Saturn is equal to the difference between the revolutions of the planets and the revolutions of their conjunctions.

As pointed out in the note to I, 7, the apsides were not regarded by Āryabhața as being stationary in the absolute sense. They were regarded by him as stationary for purposes of calculation at the time when his treatise was composed since their movements were very slow.

5. The revolutions of the Sun are solar years. The conjunctions of the Sun and Moon are lunar months. The conjunctions of the Sun and the Earth are [civil] days. The revolutions of the asterisms are sidereal days.

The word yoga applied to the Sun and the Earth (instead of bhagaņa or āvarta) seems clearly to indicate that Āryabhața believed in a rotation of the Earth (see IV, 48). Parameśvara's explanation, ravibhūyogaśahdena raver bhūparibhramaņam abhihitam, seems to be impossible.

6. Subtract the solar months in a yuga from the lunar months in a yuga. The result will be the number of intercalary months in


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78 it makes us acceptable to God, and easy to ourselves, Ps. xviii. 24. 2. Man, in his fallen state, cannot pretend to be clean and righteous before God, either to acquit himself to God's justice, or recommend himself to his favour. 3. He is therefore to be adjudged unclean and unrighteous, because born of a woman, from whom he derives a corrupt nature, which is both his guilt and his pollution. With these plain truths Eliphaz thinks to convince Job, whereas he had just now said the same; (ch. xiv. 4.) Who can bring a clean thing out of an unclean? But does it therefore follow that Job is a hypocrite, and a wicked man, which is all that he denied? By no means. Though man, as born of a woman, is not clean, yet, as born again of the Spirit, he is.

Further to evince this, he here shows,

(1.) That the brightest creatures are imperfect and impure before God, v. 15. God places no confidence in saints and angels; he employs both, but trusts neither with his service, without giving them fresh supplies of strength and wisdom for it, as knowing they are not sufficient of themselves, neither more nor better than his grace makes them. He takes no complacency in the heavens themselves. How pure soever they seem to us, in his eye they have many a speck and many a flaw; The heavens are not clean in his sight. If the stars (says Mr. Caryl) have no light in the sight of the sun, what light has the sun in the sight of God? See Isa. xxiv. 23.

(2.) That man is much more so; (v. 16.) How much more abominable and filthy is man! If saints are not to be trusted, much less sinners. If the heavens are not pure, which are as God made them, much less man, who is degenerated. Nay, he is abominable and filthy in the sight of God, and, if ever he repent, he is so in his own sight, and therefore he abhors himself. Sin is an odious thing, it makes men hateful. The body of sin is so, and is therefore called a dead body, a loathsome thing. Such is the filthiness of man, that he drinks iniquity (that abominable thing which the Lord hates) as greedily, and with as much pleasure, as a man drinks water when he is thirsty. It is his constant drink; it is natural to sinners to commit iniquity. It gratifies, but does not satisfy, the appetites of the old man. It is like water to a man in a dropsy. The more men sin, the more they would sin.

17. I will show thee, hear me; and that which I have seen I will declare; 18. Which wise men have told from their fathers, and have not hid it: 19. Unto whom alone the earth was given, and no stranger passed among them. 20. The wicked man travaileth with pain all his days, and the number of years is hidden to the oppressor. 21. A dreadful sound is in his ears: in prosperity the destroyer shall come upon him. 22. He believeth not that he shall return out of darkness, and he is waited for of the sword. 23. He wandereth abroad for bread, saying, Where is it? he knoweth that the day of darkness is ready at his hand. 24. Trouble and anguish shall make him afraid; they shall prevail against him, as a king ready to the battle. 25. For he stretcheth out his hand against God, and strengtheneth himself against the Almighty. 26. He runneth upon him, even on his neck, upon the thick bosses of his bucklers; 27. Because he covereth his face with his fatness, and maketh collops of fat on his flanks. 28. And he dwelleth in desolate cities, and in houses which no man inhabiteth, which are ready to become heaps. 29. He shall not be rich; neither shall his substance continue, neither shall he prolong the perfection thereof upon the earth. 30. He shall not depart out of darkness: the flame shall dry up his branches, and by the breath of his mouth shall he go away. 31. Let not him that is deceived trust in vanity; for vanity shall be his recompense. 32. It shall be accomplished before his time, and his branch shall not be green. 33. He shall shake off his unripe grape as the vine, and shall cast off his flower as the olive. 34. For the congregation of hypocrites shall be desolate, and fire shall consume the tabernacles of bribery. 35. They conceive mischief, and bring forth vanity, and their belly prepareth deceit.

Eliphaz, having reproved Job for his answers, here comes to maintain his own thesis, upon which he built his censure of Job. His opinion is, That those who are wicked are certainly miserable; whence he would infer, that those who are miserable are certainly wicked, and that therefore Job was so. Observe,

I. His solemn preface to this discourse, in which he bespeaks Job's attention, which he had little reason to expect, he having given so little heed to, and put so little value upon, what Job had said; (v. 17.) "I will show thee that which is worth hearing, and not reason, as thou dost, with unprofitable talk." Thus apt are men, when they condemn the reasonings of others, to commend their own. He promises to teach him, 1. From his own experience and observation; "That which I have myself seen in divers instances, I will declare." It is of good use to take notice of the providences of God concerning the children of men, from which many a good lesson may be learned. What good observations we have made, and have found benefit by ourselves, we should be ready to communicate for the benefit of others: and we may then speak boldly, when we declare what we have seen. 2. From the wisdom of the ancients, (v. 18.) which wise men have told from their fathers. Note, The wisdom and learning of the moderns are very much derived from that of the ancients. Good children will learn a good deal from their good parents: and what we have learned from our ancestors we must transmit to our posterity, and not hide from the generations to come. See Ps. lxxviii. 3··6. If the thread of the knowledge of many ages be cut off by the carelessness of one, and nothing be done to preserve it pure and entire, all that succeed, fare the worse. The authorities Eliphaz vouched, were authorities indeed, men of rank and figure, (v. 19.) unto whom alone the earth was given, and therefore you may suppose them favourites of Heaven, and best capable of making observations concerning the affairs of this earth. The dictates of wisdom come with advantage from those who are in places of dignity and power, as Solomon; yet there is a wisdom which none of the princes of this world knew, 1 Cor. ii. 7, 8.

II. The discourse itself. He here aims to show,


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George Chapman.


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Page:The International Jew - Volume 3.djvu/83

 HOW THE JEWISH SONG TRUST MAKES YOU SING 77

Dell"; "When You and I Were Young, Maggie"; "Silver Threads Among the Gold." What margin did these songs leave for the suggestive, for the unwholesomely emotional ?

In those days the people sang; they sang together ; they sang wherever they met ; it was the days of that now extinct institution known as "the singing school." People could sing together. The son^s were common property, known to everybody, proper to everybody.

Is there such singing today? Hardly. At a recent meeting of young men in a church the chorus, "Hail, Hail, the Gang's All Here" was called for, and the chairman in agreeing called out "Mustn't say the naughty word!" With that warning the chorus was given. In calling for public singing there is an immediate uneasiness about possible indecency. There was not this uneasiness before the days of Jewish jazz.

In course of time the fashion of public song underwent a change. An entirely new crop of titles appeared, dealing with an entirely different series of subjects than the songs they displaced.

It was the period of "Annie Rooney"; "Down Went McGinty to the Bottom of the Sea"; "She's Only a Bird in a Gilded Cage" ; "After the Ball is Over" all of them clean, lighter than the preceding fashion in songs, but just as clean, and also giving a true touch to life.

Sentiment was not lacking, but it was the unobjectionable sentiment of "My Wild Irish Rose" or "In the Baggage Coach Ahead."

The non-Jewish period was marked by songs like these : "On the Banks of the Wabash," by Paul Dresser; "In the Shade of the Old Apple Tree"; "When the Sunset Turns the Ocean's Blue to Gold" ; "Down by the Old Mill Stream" ; "My Sweetheart's the Man in the Moon," by Jim Thornton; "The Sidewalks of New York," by Charles Lawlor.

There was also the "western" and "Indian" strain of songs, represented by "Cheyenne, Cheyenne, Hop


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BUDDHISM AND HINDUISM 163 These words may be taken as the keynote of this first period in the making of Hinduism. The national faith will form itself henceforth like a great white SANKHA (conch-shell) coiled in broadening spirals about the Vedic pillar. The theological Iswara believed in by the Brahmans is referred to vaguely but conveniently by themselves and others at this time as Brahma. He is the God to whom the sacrifices are made. But in the presence of Buddha and the memory of Buddha a new and higher conception begins to prevail, and as time goes on this higher conception takes name and form as Shiva or Mahadeva. Hinduism is thus born, not as a system, but as a process of thought, capable of registering in its progressive development the character of each age through which it passes.

It follows, then, that the heirs of Buddha-bhakti, so to speak, in India, might be on the one hand Jainas, or on the other Saivite Hindus. These were the two churches whose children might be born as if in the shadow of Buddha. And it is in accordance with this that we find Saivism and Jainism subsequently dividing between them such places of Buddhist history as Benares and Rajgir.


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a great moment in the history of India the caves of Elephanta were carved out of the hving rock. A moment of synthesis it was that ages had prepared; a moment of promise that would take milleniums to fulfil. The idea that we now call Hinduism had just arrived at theological maturity. The process of re-differentiation had not yet begun. The caves of Elephanta mark perhaps its greatest historic moment. In all religious sects the conflict of opinion is determined more by the facts of history and geography than by opposing convictions. What then were the sources, geographic and historic, of the elements that make up Elephanta?

The caves themselves were meant to be a cathedral. So much is apparent on the face of things. Traces of palace, fortifications, and capital city must certainly be discoverable in their immediate neighbourhood. On another island several miles away is the Abbey of Kenheri with its chaitya hall and its 108 monastic cells, each two of which have their own water-supply; its bathing tanks, and refectory or chapter floors on the mountain- 164


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THE SYNTHESIS OF HINDUISM 165 top. Kenheri was a university : Elephanta was a cathedral : and both were appanages of some royal seat.

How splendid is the approach through pillars to the great reredos in three panels that takes up the whole back wall of the vast cell! And in the porch, as we enter this central chamber, how impressive are the carvings to right and left! On the left, in low relief, is a picture representing Shiva seated in meditation. The posture is that of Buddha, and it requires a few minutes of close examination to make sure of the distinction. The leopard-skin, the serpents, and the jata, however, are clear enough. There is no real ground for confusion. On our right is another low relief of Durga, throwing herself into the universe, in God-intoxication. Behind her the very air is vocal with saints and angels chanting her praises. The whole is like a verse from Chandi. And we hold our breath in astonishment as we look and listen, for here is a freedom of treatment never surpassed in art, combined with a message like that of mediaeval Catholicism. The artist here uttered himself as securely as the Greek. It was only in the thing said that he was so different. And for a translation of that into terms European, it needs that we should grope our way back to Giotto and Fra Angelico and the early painters of missals.

Our astonishment is with us still as we penetrate the shadows and find our way amongst the grey stone pillars to that point from which we can


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Rh knowing what you know does not lessen your knowing the same thing. That fact is a given in the world, and it makes intellectual property different. Unlike apples, and unlike houses, once shared, ideas are something I can take from you without diminishing what you have.

It does not follow, however, that there is no need for property rights over expressions or inventions. Just because you can have what I have without lessening what I have does not mean that the state has no reason to create rights over ideas, or over the expression of ideas.

If a novelist cannot stop you from copying (rather than buying) her book, then she may have very little incentive to produce more books. She may have as much as she had before you took the work she produced, but if you take it without paying, she has no monetary incentive to produce more.

Now, of course, the incentives an author faces are quite complex, and it is not possible to make simple generalizations. But generalizations do not have to be perfect to make a point: Even if some authors write for free, it is still the case that the law needs some intellectual property rights. If the law did not protect authorship at all, there would be fewer authors. The law has a reason to protect the rights of authors, at least insofar as doing so gives them an incentive to produce. With ordinary property, the law must both create an incentive to produce and protect the right of possession; with intellectual property, the law need only create the incentive to produce.

This is the difference between these two very different kinds of property, and this difference fundamentally affects the nature of intellectual property law. While we protect real and personal property to protect the owner from harm and give the owner an incentive, we protect intellectual property to ensure that we create a sufficient incentive to produce it. “Sufficient incentive,” however, is something less than “perfect control.” And in turn we can say that the ideal protections of intellectual property law are something less than the ideal protections for ordinary or real property.

This difference between the nature of intellectual property and ordinary property was recognized by our Constitution, which in article I, section 8, clause 8, gives Congress the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

Note the special structure of this clause. First, it sets forth the precise reason for the power—to promote the progress of science and useful arts. It is for those reasons, and those reasons only, that Congress may grant an exclusive right. And second, note the special temporality of this right: “for limited Times.” The Constitution does not allow Congress to grant authors and inventors permanent exclusive rights to their writings and discoveries, only


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166 FOOTFALLS OF INDIAN HISTORY best see the great central Trimurti of the reredos. How softly, how tenderly, it gleams out of the obscurity! Shadows wrought on shadows, silver-grey against the scarcely deeper darkness ; this in truth is the very Immanence of God in human life. On its right is the sculptured panel representing the universe according to the Saivite idea. Shiva and Parbati ride together on the bull, and again—as in the carving of Durga in the porch—the heavens behind them are like a chorus of song. On the left of the Trimurti, finally, is the portrayal of the world of the Vaishnavite. Vishnu the Preserver has for consort Lakshmi the Divine Grace and the whole universe seems to hail Him as God. It is the heads of Brahma, Shiva, and Vishnu, grouped together in one great image, that make up the Trimurti which fills the central recess between these panels.

A ledge for offerings runs along below this series of pictures. The altar itself, where actual consecration took place, is seen to the spectator's right, in the form of a little canopy-like shrine or Shiva chapel, which once doubtless held the four-headed Mahadev that may to-day be seen outside the caves, and now contains the ordinary image of bhiva, as placed there at some later date. We may assume that lights and offerings, dedicated here, were afterwards carried in procession, and finally placed before the various divisions of the great reredos. The pillared hall held the congregation, and stands for the same thing as the nave in a Christian church,


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310 Bortson well, ii. 276 Botanical gardens, of St. Petersburg, i. 95, 96 Bread, leavened, ii. 58 Brehm, the naturalist, referred to, ii. 239 Budarhana, a desert shrub, i. 19, 122, 235; ii. 55, 159, 269 Buddha, image of, i. 9, 21 1; ii. 71 Buddha-La, i. 274, 275 Buddhas, incarnate, xxxiii seqq. Buddhism, xxxii seq., i. 74 Buguk-gol R., ii. 107 Bugutui Mt., i. 257 seqq.; ii. 262 Bugutui-gol R., i. 258 Bukha-nor lake, ii. 182 Bulun-tokhoi, ii. 123, 126 Buriat, see Cossack Burkhan-Buddha range, xv seq., ii. 74, 166, 174 seqq.; the name, 175; 177, 201, 213, 224 Burnes, ii. 304 Bushell, Dr., referred to, xxi, i. 105, 283 Buzzard {Buteo ferox), i. 27

ALACHAN, see Ning-hia-fu Camels, caravans of, i. 36 seq. their flesh used as food, 43 ; the two-humped or Bactrian, 120-131 ; breeds of, 121 ; their habits, 121 seq. food, 122; endurance, 123 ; timidity, 124 ; rearing, 124 ; training, 125 ; loads, 126 ; rate of travel, 127 ; coat-shedding, 127 ; ailments, 128, 130 ; uses, 129 ; treatment of, 130 ; their aversion to vater, 179 ; loss of, by expedition, ii. 16 seqq. ; their sufferings from damp, 98 ; wild, xxvi seqq.., 169 seq.

Caragana, a flowering shrub, i. 190, 259 ; ii. 80, 86 seq.., 260, 262

Caravan, Colonel Prejevalsky's re- organisation of, i. 133 seq., 216

Carelin, jI., ii. 236

Carp, ii. 32 seq.

Cart, Chinese, i. 4

Cattle, prices of, in Mongolia, i. 57 ; importance of, 149 ; wild, 2 1 2 seqq.

Chadau (Chatow), i. 44 seqq.

Chagan-kuren, i. 174 Cliagan-7ior, i. 283 Chagrin-gol R., ii. 61, 63 Cha-ho R., i. loo Chakhars and their country, i. 26, 32 seq., 84, 117, 143 ^'-'q-y 152, 169, 184, 203 Chang-kia-kou, see Kalgan Chebayeff, Pamphile, a Cossack, ii. 25, 67 Cheng-ta-fu, district of, i. 85, 103 Chertinton temple, ii. 67, 76, 83, 96, 233, 242 Chihli, see Pechihli Chinese mob, i. 150 seq., 176 seq. Chinese swindling, i. 37 Chinese year and cycle, i. 27S seq. Chinghiz-Khan, his sepulchre, i. 16, 181, 205 ; traditions con- cerning, 167, 194, 203, 216, 221, 279 ; ii. 302 Chingtu-fu, ii. 306 Chobsen, temple of, ii. 38 seq., 47, 58, 67 seq., 70 seqq.; militia at, 65, 72, 98 ; arrival at, -J^, 98 ; dangerous position at, 100 seq.; departure from, 103 ; siege of, 127 scq.; return to, 230, 233 Choh'Ji or click (copper coin), ii. 3 Chorchi, temple of, i. 137 Christianity in Mongolia, i. 83, 134 Chulkan (assembly of tribes), i. 85 Chutun-dzamba, Mongol guide, ii. 172 seq., 219 seq. Clouds, rainless, ii. 267 Coal-beds in the Ala-shan range, i. 259 Compradors, i. 40 scq. Convolvulus tragacanthoides, a prickly shrub, i. 235 Conveyance in Mongolia, modes of, i. 4 Cookery, Chinese, i. 43 Cooper, T. Т., xxxii Copper currency, inconvenience of, i. 97 seq. Cossacks, i. 95, 99, 123, 133, 147, 201, 217, 222, 229; ii. 25 seqq. Cotoneaster, ii. 261 Cranes, flocks of, ii. 102 Crossoptilon auritum, see Long-eared Pheasant Crows of the Gobi, their rapacity, i. 21, 22


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For a moment the detective stood staring at the door through which Nottidge had vanished. Then he laughed softly.

"That chap's in love!" he murmured. "He means business! Well"

Going out into the hall he rapped on the panelling at the head of the stair; the landlady put her head out of a door at its foot.

"He's gone, ma'am," said Wedgwood. "Just a word with you before I go. If Miss Mortover should return here," he went on as the woman rejoined him, "you must communicate with me—here's my card—at once."

"I'm sure I should be very glad to see her back!" said the landlady. "It would relieve me of a deal of anxiety. You don't know into whose hands she may have fallen—a quiet, well-behaved girl like that!"

"Nice girl, is she?" suggested Wedgwood.

"One of the nicest, mister!" affirmed the landlady. "I never saw anything but the nicest disposition in her!"

"Well, we'll do our best to find her," said


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 Wedgwood as he made for the door. "And so, I'm sure, will that young fellow who's just been. Don't forget, now, to let me know at once if you hear anything."

He went out into the night wondering what to do next, and speculating on the reason of Avice Mortover's sudden disappearance. That she had been inveigled away was certain—but who was the woman? Not Janet Clagne—for Janet Clagne three nights ago was in Derbyshire. But Janet Clagne had a sister here in London—Mrs. Patello. Was it possible that Mrs. Patello was the tall, spare woman, heavily veiled, in whose company Avice Mortover had left her lodgings? Possible, of course—and the possibility presently put Wedgwood into a taxicab and sent him hurrying away to that London suburb called Tooting.

Acacia Terrace, Tooting, proved to be one of those suburban thoroughfares of which outer London can boast its hundreds—a street of small houses built to a pattern, and every one so like its fellow that neither can be distinguished save by name or number. It is the ambition—or seems to be the aim—of all the dwellers in these houses to carry uniformity to the extremest degree. The little front gardens are all alike; the blinds are all alike; the curtains are all alike; the inserted glass panels


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 in the front doors seem to have been cut out of one sheet; the doors and wood-work are all painted the same colour: any resident in such a street might well be excused if he were found entering the house of a neighbour under the impression that its threshold was his own. And if the inquisitive could penetrate behind the cheap lace curtains—between which, in every case, a pensive aspidistra lifts its leaves from a pot placed on an antimacassared table—he would find that all the front parlours are alike; small, four-square tanks in which a suite of cheap but showy furniture is stiffly disposed against the walls, and the mantelpiece is crowded with ornaments which he will itch to break and family photographs that show how ill-favoured most folk are, and wherein there is an atmosphere, impossible to describe but speedily assertive, which is a sure proof that this, the Sanctum Sanctorum of the establishment is like a lot of other truly British things, only for use on Sunday.

It was in a room of this dispiriting description that Wedgwood found himself at the end of his somewhat lengthy ride. He had been admitted to Number 59 by a girl in whom he saw a close resemblance to Mattie Patello. There was a portrait of Mattie on the mantelpiece; he recognized it at once. There were


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 others of the family, obviously of the family; there was even one of Janet Clagne, taken in her best raiment by a photographic artist—so styled—at Derby. And on the walls of this dismal front-parlour there were two enlarged photographs which the detective felt sure to represent the master of the house and his wife. He examined that which he took to be of Mrs. Patello with great care—Mrs. Patello certainly bore a strong resemblance to her sister, Mrs. Clagne; perhaps they were twins, thought Wedgwood. And as far as he could judge from a three-quarter length portrait, Mrs. Patello, like Janet Clagne, was tall and spare of figure, and, in his opinion, fitted in very well with the general description of the woman in whose company Avice Mortover had left Mornington Crescent.

The detective was turning from this work of art to that which depicted a gentleman whom he conceived to be Mr. Patello when the door opened and Mr. Patello himself entered. He was the sort of man who, in the privacy of his own house, wears list slippers, a disreputable coat, and an old smoking-cap; these furnishings of his outer man were all there in company with a mild and watery eye, a furtive manner and a general air of amiable incompetence, and Wedgwood was quick to notice them, and notic-


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 ing them, to understand Miss Mattie Patello's references to her paternal parent.

"Sorry to intrude upon you, Mr. Patello," he began as the master of the house stood before him, nervously rubbing a pair of delicate-looking hands and blinking wonderingly at his visitor. "I called to see if you could give me a little information. The fact is, sir, I'm a police-officer—my card, Mr. Patello—and I'm enquiring into the disappearance of a young lady who left her lodgings three evenings ago and has never been heard of since. Name of Mortover, Mr. Patello."

Mr. Patello started and stared: Wedgwood saw that his surprise was real.

"Mortover?" he said wonderingly. "I know that name, to be sure, sir! But I can't say I know any young lady of that name. An uncommon name, too, sir, is that!"

"Very uncommon, I believe, Mr. Patello—I never heard it till recently. This young lady's name is Avice Mortover. You don't know her?"

"Never heard of anybody of that name, Avice Mortover, in my life, sir! Who is she?"

Wedgwood, who had carefully considered his plan of action during his ride to Tooting, went straight to the point.

"Well, Mr. Patello, to be frank with you,


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Background

On 11 January 2022, The Hong Kong Institute of Bankers (HKIB) notified the Office of the Privacy Commissioner for Personal Data (the PCPD) of a data breach incident, stating that six servers of HKIB containing personal data (the Servers) had been attacked by ransomware and maliciously encrypted, and that a hacker had threatened to upload the files in the Servers to the internet and demanded HKIB to pay a ransom to unlock the encrypted files (the Incident).

On receipt of the aforesaid data breach notification, the PCPD immediately commenced a compliance check against HKIB to ascertain the relevant facts relating to the Incident. Upon receiving further information from HKIB, the Privacy Commissioner for Personal Data (the Commissioner) believed that HKIB's acts or practices in the Incident might have contravened the requirements of the Personal Data (Privacy) Ordinance, Chapter 486, Laws of Hong Kong (the Ordinance). In May 2022, the Commissioner commenced an investigation in relation to the Incident against HKIB pursuant to section 38(b) of the Ordinance.


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 I've already made certain discoveries in the course of my investigations. This young lady, Avice Mortover, is the daughter—and only child—of one Matthew Mortover and his wife Louisa Patello. And—as the last-mentioned name is so uncommon—I take it that Louisa Patello was a relation of yours."

Mr. Patello nodded.

"My sister, sir!" he answered. "And she did marry Matthew Mortover—oh, yes, I'm aware of that. And so—there was a child, was there? Dear me—and the child's this young lady you're talking of. Dear me!"

"You weren't aware of the child's existence, then, Mr. Patello?"

Mr. Patello waved his visitor to a seat and took one himself.

"I was not, sir!" he replied with emphasis. "Of course, if this young lady is the daughter of my sister Louisa, she's my niece, but I can honestly say that until you told me of it I didn't know it! The fact is, I've never even heard of my sister Louisa for—oh, I don't know how many years! Never, at any rate, since she married Matthew Mortover. That was the very last I ever heard of her. I don't even know if she's dead or alive!"

"This young lady's mother is dead, Mr. Patello."


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 Information Obtained from the Investigation

During the course of investigation, the Commissioner reviewed and considered the information provided by HKIB in relation to the Incident, including conducting four rounds of enquiries regarding the security measures adopted by HKIB for the Servers, and examining the investigation report provided by an independent information security consultant (the Consultant) engaged by HKIB. The Commissioner also considered the follow-up and remedial measures taken by HKIB in the wake of the Incident.

The Incident and the Associated Security Vulnerability

HKIB stated that it purchased a firewall (the Firewall) from a service provider (the Service Provider) in June 2018 and installed and activated the Firewall in June and July of the same year respectively to enhance network security.

In May 2019, the Firewall manufacturer issued a security advisory (the Advisory) on its website stating that it was aware of a vulnerability in its operating systems (the Vulnerability) disclosed by a hacker. The Vulnerability would enable an attacker to bypass security restrictions and directly obtain Secure Sockets Layer Virtual Private Network (SSL VPN) account names and passwords to execute any programme in the target system. According to the Advisory, the Firewall manufacturer urged users to disable SSL VPN immediately until the operating systems were upgraded and all account passwords were reset. Meanwhile, users were recommended to enable multi-factor authentication.


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 "Well, sir, as I say, I didn't know it! I've no objection to telling you what I do know if it can be of any use in your efforts to trace this young lady. Our family, Patellos, hails from the North—the Peak district in Derbyshire, but such of us as are left—now only a brother of mine and myself—if Louisa is dead—left that region long ago to try our fortunes elsewhere. Louisa went out to Canada. A year or two after she'd gone she wrote to me to the effect that she'd met a young Derbyshire man, Matthew Mortover, there and had married him. From that day to this I've never heard a word of her or him. We know something of that Mortover family, for my wife's sister Mrs. Clagne, has been housekeeper at Mortover Grange for many years—ever since her husband died, in fact, and of course we hear news occasionally—Mrs. Clagne was here not long ago, and she took one of my daughters back there with her, for a holiday. I'm given to understand that when old Mr. Gilson Mortover died, everything that was possible was done to find Matthew who'd married my sister, but it was all no use. Nobody has ever heard of him, nor of his wife, my sister, till now! And now—you say he left a daughter, and she's missing. Very strange, sir!"

"There are some very strange features in


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 the case, Mr. Patello, and some that I needn't go into now. I'm sure, however, that the young lady I've mentioned is the daughter of Matthew Mortover and your sister Louisa, and I'm very anxious to find her. You feel confident that the present Mortovers know nothing about her?"

Mr. Patello shook his head with convinced assurance.

"I'm quite sure of that, sir!" he said. "If anything had been known at Mortover Grange of the existence of this young lady we should have heard of it from my sister-in-law, Mrs. Clagne, when she was here recently. Mrs. Clagne, is, so to speak, the presiding genius of that house! The present Mortover is a young man who was brought up from infancy by Mrs. Clagne—she's a mother to him and naturally knows and has a good deal to do with all his affairs. No, sir—the existence of a child of Matthew Mortover was certainly not known to Mrs. Clagne when she was here, or I should have heard of it."

"You don't think Mrs. Clagne may have mentioned it to Mrs. Patello, your wife?" suggested Wedgwood.

"I'm quite sure nothing of that sort was mentioned, sir. My wife would tell you so herself if she were at home. But she's away


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 In August 2019, the Government Computer Emergency Response Team Hong Kong issued a high threat security alert on the Vulnerability, advising organisations to patch any affected systems immediately. If no patch could be deployed immediately, users should disable SSL VPN until the vulnerable systems have been patched. Subsequently, in December 2020, the Hong Kong Computer Emergency Response Team Coordination Centre also reminded the corresponding local network providers and organisations to take appropriate remedial measures against the Vulnerability as soon as possible .

In January 2021, HKIB implemented work-from-home arrangements in response to the local outbreak of COVID-19 pandemic, and activated the SSL VPN of the Firewall to allow some of its employees to remotely access the systems during the work-from-home period. However, the Vulnerability remained unpatched before the Incident.

On the morning of 30 December 2021, frontline staff of HKIB discovered that the Servers could not be accessed as usual. After being notified, the Information Technology (IT) Department discovered that the files in the Servers had been maliciously encrypted by ransomware. After preliminary investigation, it was believed that the Servers suffered from cyberattack. It was subsequently found that in addition to the Servers, computers and backup data of HKIB were also encrypted by ransomware.

Affected Personal Data

HKIB estimated that personal data of over 13,000 members and about 100,000 non-members were affected in the Incident. Apart from names, contact information, names of employers and job titles, some individuals'


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  identity card numbers, credit card numbers (excluding card verification code), dates of birth, professional certification details and examination results were also affected.

The Consultant's Investigation Findings

After the Incident, HKIB immediately commissioned the Consultant to inspect the security of its information systems. According to the investigation report, the Consultant considered that: (i) HKIB did not put in place patch management procedures, which resulted in the failure to patch the affected system, thus allowing the hacker to exploit the Vulnerability, get hold of its SSL VPN account names and passwords, intrude into the system to obtain system administrative privileges, deploy ransomware and eventually succeed in encrypting the Servers; and (ii) HKIB did not enable multi-factor authentication for SSL VPN.

Responses from HKIB to the Incident

HKIB stated to the PCPD that the Firewall was maintained by the Service Provider and both HKIB and the Service Provider were not aware of the Vulnerability until the Incident occurred. In addition, since the installation of the Firewall in 2018, HKIB had not been informed by the Service Provider of the need to install patches for the Firewall. HKIB also stated that the purchase of the Firewall included technical support services provided by the Firewall manufacturer but no information about the Vulnerability had been received from the Firewall manufacturer prior to the Incident

HKIB explained that although there were four employees in its IT Department (including one department head, two senior managers and one senior officer) before the Incident, due to heavy workload in daily operation and user support, and that lack of experience of the IT Department in maintaining critical network infrastructure, the relevant maintenance work was therefore outsourced to the Service Provider.


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 just now visiting a sick friend. No, sir—I'm as sure as a man can be of anything that the existence of a child of Matthew Mortover's and Louisa Patello's is absolutely unknown to Patellos and Mortovers! It comes to me, that news, as a genuine surprise. And what's more, sir, knowing as I do something of the Mortover family and their affairs, I can foresee complications, legal complications, if this young lady really is what she claims to be, according to you—Matthew's daughter. Oh, yes!"

"What sort of complications, Mr. Patello?" asked Wedgwood. He had long since formed a decided opinion that his host was both honest and candid, and he now wanted to draw him out. "Legal, eh?"

"Legal, sir!" affirmed Mr. Patello with a vigour which surprised his listener. "Legal! For, as I said before, sir, I know something of the Mortover family history, and I know that old Gilson Mortover, father of Matthew, never made a will and therefore died intestate. Now, sir, all the property the Mortovers ever had to bless themselves with was land—real estate. Never worth anything, sir, that land until lately—poor, dank, unprofitable land, good for nothing but for a few sheep and cattle to scratch a miserable bite out of. But now


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 HKIB also admitted that it had not conducted any vulnerability scans on all internet-facing servers, applications and endpoint devices before the Incident and pointed out that the Service Provider did not advise HKIB to perform vulnerability scans. Nevertheless, HKIB reiterated that it did continuously monitor the service level of the Service Provider. Before renewal of the services agreement each year, the manager of the IT Department would conduct an annual assessment which would be endorsed and approved by the General Manager and the Chief Executive Officer.

Findings and Contravention

HKIB being the Data User

HKIB in its daily operation collects, holds, processes and uses the personal data in the Servers. HKIB is therefore a data user as defined under section 2(1) of the Ordinance and is required to comply with the requirements of the Ordinance, including the six Data Protection Principles (DPPs) set out in Schedule 1 to the Ordinance.

The Commissioner's understanding of the Cause of the Incident

Having reviewed the investigation report of the Consultant, the responses from HKIB to the Incident and all the information obtained by the PCPD during the course of investigation, the Commissioner agreed with the investigation report that the Incident was caused by HKIB's failure to patch the affected system due to the lack of patch management procedures, which allowed the hacker to exploit the Vulnerability, get hold of its SSL VPN account names and passwords, intrude into the system to obtain system administrative privileges, deploy ransomware and subsequently succeed in encrypting the Servers. Meanwhile, HKIB did not enable multi-factor authentication for SSL VPN to enhance the security of the system.


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 now, sir, coal's been discovered under it, and—ah!"

Mr. Patello opened out his hands as if to indicate heaps of gold. Wedgwood made a show of interest.

"Indeed, Mr. Patello?" he said. "Mineral wealth, eh—beneath the surface. And as the old gentleman you mentioned died without a will"

"That property, sir, passed to his eldest son, Matthew, and if this girl you speak of is Matthew's only child, it's hers, hers—the daughter of my sister Louisa, and my niece! I must see into it, sir! I know what I'm talking about, for before I went into the sugar-broking I was a solicitor's clerk and I know the law! If what you say is true the rightful owner of Mortover is not the lad Philip, but his cousin Louisa Patello's daughter. I'm obliged to you, sir, for coming to see me, and you'll oblige me further by keeping me informed. That girl, sir, must be found!"

Wedgwood promised Mr. Patello that he would keep him fully posted up in the affair of Avice Mortover, and after a few more words on the matter, went away. He was convinced of Mr. Patello's transparency and ingenuousness—but Mrs. Patello was still an object of possible suspicion. And chancing across a


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 police-sergeant at the corner of Acacia Terrace, he introduced himself and getting into conversation asked him if he knew anything of the tenants of Number 59.

"Folks with the queer name?" answered the sergeant. "Patello? Yes, know 'em well enough! Father, mother, three daughters. Father's a quiet old chap who toddles off to the City of a morning and toddles back again of an evening—harmless. Girls play the piano all day—that sort!"

"Do you know the mother by sight?" asked Wedgwood.

"Well enough! Tall, thin woman. Looks as if she bossed the lot of 'em," said the sergeant. "You know the sort—wears the breeches, I should say!"

"It's taxing your memory," observed Wedgwood, "but have you ever seen Mrs. Patello in a heavy fur coat that came down to her ankles?"

"I have!" replied the sergeant, readily. "Saw her in it only last week, when that cold snap was on! Yes!"

Wedgwood left the deserts of Tooting with a distinct impression and a profound belief. The impression was that Mr. Patello was not taken into the confidence of Mrs. Patello and Mrs. Clagne; the belief was that Mrs. Patello


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 was the woman who had lured Avice Mortover away from Mornington Crescent. The next thing was to hit on a trail. And that, he said to himself, was going to be a pretty stiff job. For at present he couldn't see a single mark or impress in the ground he must needs traverse.

There was nothing to be done now till next morning. But when that came and Wedgwood at his breakfast table opened his newspaper, he saw that somebody had been busy. For there, in staring letters in the personal column, were the words One Thousand Pounds Reward, and following close upon them the name Avice Mortover.


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title: The Mortover Grange Affair/Chapter 12


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HE stone itself manifests many qualities which, though known afore this, yet, not having been well investigated, are to be briefly indicated in the first place so that students may understand the powers of loadstone and iron, and not be troubled at the outset through ignorance of reasonings and proofs. In the heaven astronomers assign a pair of poles for each moving sphere: so also do we find in the terrestrial globe natural poles pre-eminent in virtue, being the points that remain constant in their position in respect to the diurnal rotation, one tending to the Bears and the seven stars; the other to the opposite quarter of the heaven. In like manner the loadstone has its poles, by nature northern and southern, being definite and determined points set in the stone, the primary boundaries of motions and effects, the limits and governors of the many actions and virtues. However, it must be understood that the strength of the stone does not emanate from a mathematical point, but from the parts themselves, and that while all those parts in the whole belong to the whole, the nearer they are to the poles of the stone the stronger are the forces they acquire and shed into other bodies: these poles are observant of the earth's poles, move toward them, and wait upon them. Magnetick poles can be found in every magnet, in the powerful and mighty (which Antiquity used to call the masculine) as well as in the weak, feeble and feminine; whether its figure is due to art or to chance, whether long, flat, square, three-cornered, polished; whether rough, broken, or unpolished; always the loadstone contains and shows its poles. But since the spherical form, which is also the most perfect, agrees best with the earth, being a globe, and is most suitable for use and experiment, we accordingly wish our principal demonstrations by the stone to be made with a globe-shaped magnet as being more perfect and adapted for the purpose. Take, then, a powerful loadstone, solid, of a just size, uniform, hard, without flaw; make of it a globe upon the turning tool used for rounding crystals and some other stones, or with other tools as the material and firmness of the stone requires, for sometimes it is difficult to be worked. The stone thus prepared is a true, homogeneous offspring of the earth and of the same shape with it: artificially possessed of the orbicular form which nature granted from the beginning to the common mother earth: and it is a physical corpuscle imbued with many virtues, by


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 means of which many abstruse and neglected truths in philosophy buried in piteous darkness may more readily become known to men. This round stone is called by us a or Terrella. To find, then, the poles conformable to the earth's, take the round stone in hand, and place upon the stone a needle or wire of iron: the ends of the iron move upon their own centre and suddenly stand still. Mark the stone with ochre or with chalk where the wire lies and sticks: move the middle or centre of the wire to another place, and so on to a third and a fourth, always marking on the stone along the length of the iron where it remains at rest: those lines show the meridian circles, or the circles like meridians on the stone, or terrella, all of which meet as will be manifest at the poles of the stone. By the circles thus continued the poles are made out, the Boreal as well as the southern, and in the middle space betwixt these a great circle may be drawn for an æquator, just as Astronomers describe them in the heavens and on their own globes, or as Geographers do on the terrestrial globe: for that line so drawn on this our terrella is of various uses in our demonstrations and experiments magnetical. Poles are also found in a round stone by a versorium, a piece of iron touched with a loadstone, and placed upon a needle or point firmly fixed on a foot so as to turn freely about in the following way:

On the stone A B the versorium is placed in such a way that the versorium may remain in equilibrium: you will mark with chalk the course of the iron when at rest: Move the instrument to another spot, and again make note of the direction and aspect: do the same thing in several places, and from the concurrence of the lines of direction you will find one pole at the point A, the other at B. A versorium placed near the stone also indicates the true pole; when at right angles it eagerly beholds the stone and seeks the pole itself directly, and is turned in a straight line through the axis to the