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670-682] rejected, and those condemned were formally anathematised in spite of the protest of George against the inclusion of his predecessors in the anathema: with these Macarius and other living Monotheletes were joined. A statement of faith was then drawn up, and a letter addressed to the pope with a request to confirm the proceedings. Finally an imperial edict was posted up in the vestibule of St Sophia, which forbade anyone under severe penalties to teach one will or operation. Macarius and his followers were banished to Rome, where, with the exception of two who recanted, they were shut up in separate monasteries. The papal envoys, who took back with them the synodal Acts and a letter of the Emperor addressed to the pope-elect, Leo II, dated 31 Dec., reached Rome in June 682; and Leo after his consecration (17 Aug.) confirmed the Acts in a letter to Constantine.

After the peace with the Arabs and the defeat by the Bulgarians in 680, which compelled the Emperor to cede the country north of Haemus, his chief attention was given to the succession. The ancient practice had been to divide an emperor's dominions between his sons after his death: and such a division had been projected by Maurice, but prevented by his overthrow. After the Arab conquests the reduced size of the Empire made this practically impossible: and Heraclius therefore arranged that the only two among his sons who had reached years of discretion and were not disqualified by any physical defect should reign jointly, a provision of which we have seen the bad result. Constans went further and gave the imperial title to all his sons while they were children, and therefore at his death left three nominal colleagues on the throne: but, as joint government was impossible, the exercise of the imperial functions fell to the eldest. This state of affairs quickly led to trouble. The Anatolic troops soon after their return from Sicily marched to Chrysopolis and demanded that Heraclius and Tiberius should be given an equal share of power with their elder brother, saying that, as there was a Trinity in heaven, there should be a Trinity on earth (670). Constantine pretended to agree and issued a proclamation that all three should receive equal honour, while he sent Theodore of Colonia to invite the leaders to come into the city and confer with the Senate, but, as soon as they were in his power, had them arrested and hanged; and the troops, deprived of their leaders, retired. Still however the younger brothers bore the imperial title, and their names appeared upon coins and in official documents, so that, when Constantine had sons of his own, the difficulty arose that in case of his death his brother Heraclius, as senior Emperor, would exclude them from the sovereignty. Accordingly, when his elder son, Justinian, had reached the age of 12, he deprived his brothers of their titles and cut off their noses (681). Henceforth the younger sons of emperors, though they might bear imperial titles,


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10 presiding judge of the court, and the two judges of the district court, not interested, being nearest the capital of the State. If the Chief Justice should, for any cause, be unable to attend at the trial, the next senior judge, or the one longest on the supreme bench, Shall preside in place of the Chief Justice, and any question arising as to the membership of the court shall be determined by the members of the court not interested in the question. The Secretary of State Shall be the clerk of the court, or, in his absence or inability to act, the clerk of the Supreme Court shall be the clerk. Each member Of the court before entering upon the discharge of his duties, shall take an oath before the Secretary of State, or some officer qualified to administer oaths, that he will support the Constitution of the United States and that of the State of North Dakota, and that without fear, favor, affection or hope of reward, he will, to the best of his knowledge and ability, administer justice according to law and the facts in the case.

§ 3. ] Any person who by the proclamation of the Governor, as hereinbefore provided, appears to have received not less than one-fifth of the votes cast in an election for Electors of President and Vice-President of the United States may apply to the court provided for in this act for a declaration of his election as elector.

§ 4. ] Such application shall be made by petition in writing to be filed with the clerk of said court, Within ten days from the date of the proclamation provided for in Section 1 of this act, who shall forthwith convene the court. The petiton shall set forth the names of the person or persons whose election is contested and the grounds for such contest. The petitioner shall upon filing such petition and before any proceedings are had theron, file a bond to the State in such sum and with such sureties as the court shall order, to pay all costs incurred in the prosecution of such petition, in case he shall not prevail in the same.

§ 5. ] Upon the filing Of Said petition and the giving of the said bond the said court shall Order due notice of the petition to be given, in such manner as it may direct, to the Governor of the State and to the person or persons Whose elections are contested, said notice to be published in such newspaper as the court shall order. Such notice shall contain a concise statement Of the substance of the petition and shall designate the day fixed by the court for the hearing of the same, which day shall be not less than three nor more than seven days from the filing of the petition.

$ 6. ] At the day fixed for the hearing the petitioner shall appear and produce his evidence and the person or persons whose election is contested may appear and produce evidence оп, their part. Either party may appear himself or by his

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


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 "Before I became too ill to go out here," said Mr. Huss, "I went for a walk in the country behind this place. I was weary before I started, but I was impelled to go by that almost irresistible desire that will seize upon one at times to get out of one's immediate surroundings. I wanted to escape from this wretched room, and I wanted to be alone, secure from interruptions, and free to think in peace. There was a treacherous promise in the day outside, much sunshine and a breeze. I had heard of woods a mile or so inland, and that conjured up a vision of cool green shade and kindly streams beneath the trees and of the fellowship of shy and gentle creatures. So I went out into the heat and into the dried and salted east wind, through glare and inky shadows, across many more fields than I had expected, until I came to some woods and then to a neglected park, and there for a time I sat down to rest

"But I could get no rest. The turf was unclean through the presence of many sheep, and in it there was a number of close-growing but very sharply barbed thistles; and after a little time I realised that harvesters, those minute red beasts that creep upon one in the chalk lands and burrow into the skin and produce an almost intolerable itching, abounded. I got up again and went on, hoping in vain to find some fence or gate on which I might rest more comfortably. There were many flies and gnats, many more than there are here and of different sorts, and they persecuted me more and more. They surrounded me in a humming cloud, and I had to wave my walking-stick about my head all the time to keep them


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128 embrace the following subjects,—Mechanics,—Hydrostatics,— Pneumatics,— Optics,— Electricity,—Astronomy,— Chemistry; and a Professor or Lecturer was to be appointed with a Salary of 500 £ per annum. The philosophical apparatus, the gift of the London Society, was to be placed at this Officer’s disposal, and the Lectures, as already stated, would be for the joint instruction of the students of the Government College, and of the Native Hindoo College, which will be noticed hereafter.

of the College Funds is assigned to the payment of stipends to one hundred pupils (not necessarily to consist of that number, but fluctuating within it as a fixed limit according to circumstances) being either strangers, not possessing the means of subsistence in Calcutta, or other indigent students. This is conformable to the ancient practice of the Hindoos, among whom education was gratuitous, and the prejudices and expectations of the people continue to run in the same current. The stu-


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402 was: here a crowd was allowed to surround him. The treasurer after again consulting the Emperor finally ordered him to be deprived of his pontifical head-dress, as not being lawful pope, and delivered to the praefect to be beheaded. He was then stripped naked except for one torn garment and dragged with a chain round his neck over rough stones to a common prison with a sword in front of him, and thence to the praefect's praetorium, where he was chained to the jailer: but in the evening the praefect sent food with an assurance that the sentence would not be executed, and the chains were removed. The sentence had in fact been passed in order to frighten him into submission; and after Paul's death, which shortly followed, unsuccessful attempts were made to extort a statement that Pyrrhus, who had returned to Constantinople after his reconciliation and was seeking restoration, had recanted under compulsion at Rome. Nevertheless Pyrrhus was restored, but died on Whit Sunday following (1 June 654). As all attempts to induce Martin to communicate with the clergy of Constantinople were vain, he was on 15 Mar. removed to the house of a scribe, and thence on 11 Apr. to a ship, in which he was conveyed to Cherson in the Crimea (15 May), where he remained till his death in Sept. 655, complaining bitterly of the lack of food and the neglect of his friends at Rome to send supplies.

Martin had however better reason to complain of the fickleness of the Romans. At the time of his arrest the exarch had ordered the clergy to elect a new pope; and after a year's resistance they yielded, and (10 Aug. 654) Eugenius was consecrated to the papacy. The new pope sent envoys to Constantinople without a letter; and these communicated with the new patriarch, Peter, under a compromise. It had been implied in the Type that the expressions "one will" and "two wills" were both in a sense correct: and, though this doctrine had been condemned by the synod, the envoys acquiesced in it (655). Peter then sent a synodical to the pope in which this principle was stated; but popular clamour compelled Eugenius to reject it.

Maximus had since 645 been living in Rome; and, as he was believed to have been the chief instigator of Martin's resistance, it was thought that, if he could be induced to submit, the cause would be won. Accordingly an imperial commissioner who had been sent to order Eugenius to communicate with Peter tried to persuade Maximus to accept the Type; and on his refusal he was arrested and conveyed to Constantinople, where he was brought before the treasurer and Senate and accused of advising the magister militum of Numidia to disobey the orders of Heraclius to march against the Arabs in Egypt, of encouraging Gregory's rebellion, of disrespect to the Emperor, and of anathematising the Type (655). During part of the proceedings the patriarchs Peter of Constantinople and Macedonius of Antioch, who resided in the capital, were present, and on Whit Sunday (17 May)


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Rh scrit College,—Three Grammar,—one General Literature,—one Rhetoric and Prosody,—one Law,—one Logic.

are not eligible to the College until they shall have attained the age of 12 years. They are supposed to remain in the lower classes in which certain studies are prescribed for six years, after which, or earlier, if qualified, they are at liberty to enter any other class or classes they please, and to remain, at their option, for a further term of six years, provided their diligence does not relax. Besides the branches of education above enumerated, provision is made for the attendance of the pupils of the highest class on a course of Lectures on natural and experimental philosophy, and for enabling such of them as may evince a capability and desire of learning, and otherwise merit the distinction, to pursue this branch of study still further. A proficiency in the English language being obviously requisite to enable the students to profit by this arrangement, the knowledge of that language was declared to be an indispensible qualification for admission to the highest class. The philosophical course would


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656-677] Peter made a special attempt to induce him to accept the compromise which had satisfied the Roman envoys: but, as he refused to yield anything, he was banished to Bizye in Thrace. On 24 Aug. 656 Theodosius, bishop of Caesarea in Bithynia, and two senators came to Bizye with an offer to repeal the Type if he would communicate with the Church of Constantinople; and on this being rejected Theodosius agreed to accept two wills and operations, that is without condemning the other doctrine according to the compromise; and, as Maximus insisted on the Emperor and the patriarch sending a profession of faith to the pope, Theodosius undertook to try to bring this about. Maximus promised that, if Theodosius were sent to Rome, he would go with him, but refused to accept one will and one operation in any sense. Constans would not concede this, but made another attempt to win Maximus over. On 8 Sept, he was brought with great respect to the monastery of Theodore at Rhegium, and the next day Theodosius and two patricians came and promised him high honours if he would accept the Type. This he also refused, and the patricians assailed him with blows and abuse till persuaded by Theodosius to desist. He was then conveyed under military guard to Selymbria (14 Sept.), and thence to Perberis. Five years later he was brought before a synod at Constantinople, anathematised with Sophronius and Martin, and flogged. He was then deprived of his tongue and right hand, taken to Lazica (8 June 661), and imprisoned. In this exile he died at the age of 82 (13 Aug. 662).

The Armenians had outwardly accepted orthodox communion in 631; but, when Constans in 648 ordered them to receive the Synod of Chalcedon, they in a synod at Dvin openly refused. In 652, the chiefs having invited the Arabs into the country, Constans came with an army and lodged at Dvin in the house of the Catholicus, Nerses, who inclined to the Roman party and from opposition to the chiefs proclaimed the Synod, but had so little support that, when the Emperor returned early in 653, he was forced to go with him and did not return to his see till 658. After his death in 662 no more was heard of the union.

Vitalian, who succeeded Eugenius on 30 July 657, announced his ordination to Constans and sent a synodical to Peter in which he conformed to the Type. Peter in answer wrote a letter in which the numbers "one" and "two" applied to operations and wills were declared immaterial, the Emperor sent presents and renewed the privileges of the Church of Rome, and Vitalian's name was inserted in the diptychs of Constantinople, which did not contain that of any of his predecessors since Honorius. Peter's successor, Thomas (17 Apr. 667-15 Nov. 669) sent no synodical; but for this the Arab attack was afterwards alleged as a reason. The next two patriarchs, John (Nov./Dec. 669-Aug. 675) and Constantine (2 Sept. 675-9 Aug. 677), sent synodicals in which no reference was made to the disputed points; but, Constans being dead,


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126 Rupees (afterwards increased to 30,000) should be annually granted for the support of the institution, and that the superintendance of it should be vested in a Committee to be named by the Government. A sum of about a lac and twenty thousand Rupees was allotted by Government for the cost of Buildings and the purchase of Ground. The spot chosen was in an extensive Square lately formed in a centrical part of the city, and the first stone of the edifice was laid on the 25th of February 1821, with masonic ceremonies, in the presence of a large assembly of Europeans and a vast concourse of natives, who seemed to take a lively interest in the scene. The College Buildings are intended to provide accommodation for the professors and students, besides lecture rooms, and an apartment for the reception of a valuable philosophical apparatus presented by the British India Society to the native Hindoo College, but which, by an arrangement with the Managers of that seminary, will be applied to the benefit of both institutions.

following classes comprehend the ordinary course of study, to be pursued in the San-


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Rh language, and Braminical science and literature. The superior importance of planting this College in the Metropolis was beyond dispute. Calcutta being necessarily the resort of a vast number of Asiatics, its celebrity as a city, its European masters, its opulence, its centrical situation with regard to the Peninsula, and the upper provinces, and the facility of access to it, whether by land or water, all contribute to render it attractive to the natives of India, and therefore peculiarly adopted to the situation of a seminary, which it was intended should be accessible to students from every part of the country. Besides these and other advantages unnecessary to enumerate, the establishment of the institution at the seat of government, would secure a facility and efficiency of control and superintendance, which could not be obtained in a more distant quarter.

by these considerations, the Governor General in Council determined in the year 1821, that a Hindoo College should be founded in Calcutta, on a footing similar to that of the College already established at Benares, with such modifications as should subsequently prove necessary or advisable; that the sum of 25,000


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404 Vitalian yielded to popular feeling and rejected John's synodical: similarly his successor, Adeodatus (672-676), rejected that of Constantine; and his name was therefore not inserted in the diptychs of Constantinople. Accordingly the next patriarch, Theodore, sent no synodical, and, supported by Macarius of Antioch, urged Constantine IV to have Vitalian's name expunged from the diptychs. The Emperor, not wishing to perpetuate the schism, refused the request and wrote to Pope Donus (676-678), asking him, as the war prevented a general synod, to send deputies to discuss the disputed points with the two patriarchs. When the letter arrived, Donus was dead; and, as his successor, Agatho (678-681), had no intention of sending deputies to confer with Theodore, no answer came, and the Emperor was persuaded to allow Vitalian's name to be struck off. The original purpose of Monotheletism however, the reconciliation of the Monophysites, had been nullified by the Arab conquests; and, as the pope conceded nothing, Constantine saw that to restore unity he would have to sacrifice the patriarch. Theodore was therefore deposed, and his place taken by George (Nov. or Dec. 679). Agatho then summoned a synod, which met at Rome on 27 Mar. 680, maintained the doctrine of two operations and two wills, condemned Sergius, Pyrrhus, Paul, Peter, Cyrus, and Theodore of Faran, and sent its decree to the Emperor with a long dogmatic letter from Agatho on the model of the Tome of Leo. Similar decrees were passed by synods at Milan and at Hatfield in England (17 Sept.). The deputies from Rome, who reached Constantinople on 10 Sept., were also accredited as representatives of the pope and the synod at the proposed conference: and, peace having now been made, Constantine requested the patriarchs to summon the bishops under their jurisdiction to a synod, which met in the domed hall (trullus) of the palace in the presence of the Emperor and the chief officers of state (7 Nov.), and, as representatives of the non-existent patriarchs of Alexandria and Jerusalem were somehow procured, called itself oecumenical. The sittings, of which there were eighteen, continued to 16 Sept. 681; and the synod agreed as well with the pope in dogmatic matters as that of Chalcedon. The letter of Menas was pronounced spurious, as were also two letters ascribed to Vigilius. Macarius brought forward patristic passages in support of Monotheletism; but they were declared to prove nothing, and quotations were produced on the other side. George now professed himself in agreement with the letters of the pope and the Roman synod; and at his request Vitalian's name was restored to the diptychs. Macarius on the other hand refused to abandon his Monothelete opinions and was deposed together with his disciple, the archimandrite Stephen, and Theophanes was appointed to succeed him. All the Monothelete leaders mentioned in the Roman decree were then condemned with the addition of Honorius, and their writings ordered to be burnt. An attempt at a compromise made by the presbyter Constantine of Apamea in Syria was


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14 State of North Dakota a bond with good and sufficient sureties in the penal Sum of $10,000, to be approved by the Governor and filed with the Secretary Of State, conditioned for the faithful performance Of his duties, and the payment to the State Treasurer of all moneys which may be collected by him as "such Executive Manager, and the proper disbursement of and accounting for all moneys which may pass through his hands as such Officer.

Approved June 3, 1892.

Be it Enacted by the Legislative Assembly of the State of North Dakota

§ 1. That Section one (1) of Chapter 123 of the laws of 1890 be and the same ammended to read as follows:

Sec. 1. ] Every railroad company or corporation doing business in this State shall within sixty days after notice from the Commissioners of Railroads, build, erect and complete one or more platforms for the transfer of live stock, grain and other commodities, from wagons or otherwise, to cars at each and every station designated in said notice; said platforms to be erected where there will be safety to life and property. If any railroad company after receiving notice as provided for in this section shall fail, refuse or neglect to build and erect said platforms as required by this act, within the required sixty days, the Commissioners of Railroads are hereby authorized and empowered, and it is made their duty, to notify such railroad company to appear before them at a certain time and place to show cause, if any there be, why said commissioners should not issue an order requiring such railroad company to comply with the requirements of this act. Said Commissioners of Railroads Shall have power after such hearing, to issue an order upon said railroad company, commanding them to build and erect such platform as contemplated by this act; providing Said Commissioners of Railroads Shall upon such examination and hearing, deem such platform or platforms necessary.


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124 been disregarded even long before the enactment, above quoted, was passed. founded the Madrissa, or Mohomedan College in Calcutta in the year 1780, and in 1794, at the recommendation of, a College was endowed at Benares for the cultivation of Hindoo literature. But in the year 1811, the decay of science and literature among the natives of India, became the subject of the peculiar consideration of the government, and it was then resolved to found two new Hindoo Colleges in the districts of Nuddeah and Tirhoot, for the expenses of which it was designed to allot the annual sum of 25,000 Rupees. Various difficulties, however, having obstructed the execution of this intention, it was ultimately abandoned and a different plan adopted.

seminaries of this description did not, on more mature enquiry, promise those general and extensive advantages which were contemplated in their establishment, and the Government was satisfied that its views could be best accomplished by the formation of a Collegiate Establishment at the Presidency, the principal object of which should be the cultivation of the Sanscrit


text: Poems (Nora May French)/The Poppy Field

title: Poems (Nora May French)/The Poppy Field


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Rh he Fair, the granddaughter of Egil, and both fall in the holmgang or judicial combat. Helga's true love for Gunlaug, his recklessness, which makes him forget the appointed time at which he was to fetch his bride, and Hrafn's treason are set forth in bold and vivid colors. Similar in theme to the Gunlaug's Saga is that of (the hero of Hitdale) belonging to the southwest of Iceland (1000-1025). This, too, tells of rivalry in love, hatred, and song, but it is not so full of dramatic life and interest as the former. It is the third and last in the series of sagas of the Moor-men, that is to say, of Egil Skallagrimsson and his family. The west of Iceland was upon the whole the soil upon which saga writing developed most luxuriously, but our limits do not permit us to do more than mention some of the most important ones. A graphic description of the events between 880 and 1030 is found in the, a work which is also interesting on account of the numerous notices it preserves of the institutions and manners of the heathen times and on account of the ghost stories it tells from heathen superstition. The (the Saga of Viga-Styr and of the Battle of the Heath) is only a fragment, the original beginning having been lost and afterward written down from memory. Its events begin in 990 and end in 1015, and it tells the exploits of Viga-Styr, of Snorre's foray in Borgorfjord and of the slaying in Norway of Hall Gudmundson which led to the battle on the Heath (the Heath connecting the north and west of Iceland). This saga has a fine plot, and its antique style marks it as one of the oldest saga specimens to be found. The likewise describes events from 886 to 1030. It is one of the longest sagas, and is remarkable for its skilful delineation of character (Kjartan and Gudrun), and in general for its vivid and attractive style. The (Saga of Gisle Sursson) is a splendid story of an outlawed skald (950-980). , the Saga of Havard of Icefirth (997-1002) tells how the old skald Havard avenged the death of his son. The


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406 were usually excluded from power and from marriage; and, as the daughters of an emperor who had sons had been excluded from marriage since Theodosius' time, collateral branches, and therefore disputed successions, were avoided; but on the other hand a lasting hereditary succession was made impossible, and the crown lay open to any ambitious man or any nominee of the army — a state of affairs which continued till the system was abolished by the Comneni.

Having thus cleared the way, Constantine in 685 crowned Justinian as Augustus, but avoided his father's mistake of also crowning his other son, Heraclius. It was nearly his last act: at the beginning of September he died of dysentery, and the boy Justinian became sole emperor.

Constantine had taken advantage of the anarchy which followed the death of the Caliph Yazīd (683) to renew the war; and Melitene was destroyed by the Romans, and the Arabs forced to abandon Germanicea. Hence 'Abd-al-Malik on succeeding his father, Marwān, as Caliph in Syria, was compelled to renew the peace by paying a larger tribute (7 July 685). Nevertheless the new Emperor not only sent an army under the Isaurian Leontius to Armenia and the adjacent countries as far as the Caucasus, which, having seceded from the Arabs, had been invaded by the Chazars (687), but sent another to co-operate with the Mardaites in Syria, and Antioch was occupied (688) for a time. Upon this 'Abd-al-Malik, not even yet being in a position to carry on war, again asked for terms, and a truce was made for ten years on the conditions that he should pay the same tribute as before, that Armenia, Iberia, Arzanene, and Atropatene should be ceded, and the tribute of Cyprus divided, and that Justinian should transfer the Mardaites to his own dominions (689). The Emperor then went to Armenia where he appointed chiefs, took hostages, and received 12,000 Mardaites, whom he settled in different parts of the empire (690). By this step his forces were increased; but the Mardaites would perhaps have been of more use to him in the Caliph's territories.

Justinian had been willing to make peace because he had become involved in a war with the Bulgarians, in which he suffered a defeat (689). During this war however he reduced large numbers of Slavs, whom he settled in the north-west of Asia Minor and organised as a military force under the name of "peculiar people" : this force is said to have amounted to 30,000 men.

Having made peace with the Bulgarians and strengthened the offensive power of the Empire by the acquisition of Mardaites and Slavs, he sought an opportunity of breaking the peace with the Arabs. He began by a breach of the spirit of the compact by which the tribute of Cyprus had been divided; for he removed a large proportion of the population to


text: Poems (Nora May French)/You

title: Poems (Nora May French)/You


text: Poems (Nora May French)/Just A Dog

title: Poems (Nora May French)/Just A Dog


text: Poems (Nora May French)/Mirage

title: Poems (Nora May French)/Mirage


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686-695] the Hellespont and other districts in the south and west of Asia Minor (691): and as Justinian I, whose example he seems always to have had in mind, had refounded his native town as Nova Justiniana and given it primatial rights in northern Illyricum, so Justinian II founded the city of Nea Justinianopolis for the Cypriots in the Hellespont, and the synod of 691 recognised the metropolitan of Cyprus, now bishop of this city, as metropolitan of the Hellespont, in prejudice of the rights of Cyzicus, and enacted that he should enjoy the same independence of the patriarch as in Cyprus. Next the Emperor refused to receive the tribute-money in the new Arabic coinage, on which texts from the Koran were imprinted, and in spite of the Caliph's protests announced that he would no longer observe the treaty, and collected forces for an attack. 'Abd-al-Malik, delivered from his rival 'Abdallāh, had no reason to reject the challenge, and sent his brother Mahomet into Roman territory. Meanwhile Justinian with a large army, in which the bulk of the Slavs were included, marched to Sebastopolis, while the Arabs occupied Sebastia. Between these two places the armies met, and the Arabs went into the battle with a copy of the treaty displayed instead of a flag (693). At first victory inclined to the Romans; but, most of the Slavs having been induced by promises to go over, they were routed; and Justinian on reaching the district where the Slavs were settled masacred all whom he could find with their wives and children. The first result of the defeat was the loss of Armenia; and in 694 Mahomet with the Slavs again invaded the Empire and carried off many captives, while an attempt of the Romans to invade Syria from Germanicea led to another disastrous overthrow, which forced them to abandon that city, and in 695 Yahya raided the country S.W. of Melitene.

The ex-patriarch Theodore by accepting the new order of things had escaped condemnation at the synod, and after Constantine's death induced the new Emperor to deprive George and restore him to the see (Feb./Mar. 686). As his restoration would be likely to rouse the pope's suspicions, Justinian laid the synodal Acts before the patriarchs of Constantinople and Antioch, the pope's responsalis, such bishops as were in the city, the chief civil and military officials, and the heads of the civic factions, obtained their confirmation of them (686), and announced the fact to Pope John V with an assurance of his intention to maintain the authority of the synod (17 Feb. 687).

But the mental attitude of East and West differed so much, and through their different surroundings their practices had become so divergent, that concord could not long be maintained. Neither the fifth nor the sixth synod had passed canons; and therefore, though the Arab invasions had in many ways introduced new conditions which needed regulation,


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By the Act of the 53d Geo. 111, Cap. 155, the East India Company was empowered to appropriate under certain conditions from the Territorial Revenue, the sum of a lac of Rupees annually “to the revival and improvement of literature and the encouragement of the learned natives of India, and for the introduction and promotion of a knowledge of the sciences among the inhabitants of the British Territories in India.” It does not appear, however, that the government was enabled to act with special advertence to this permission until very lately; nevertheless, the encouragement of learning, though not systematically pursued, had not


text: Poems (Nora May French)/Dusk

title: Poems (Nora May French)/Dusk


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Rh dents are not confined to Calcutta, and it’sits [sic] immediate vicinity, but come from distances of 50 or 60 miles; few of them have connexions in the city, or the means of maintaining themselves without assistance. It is necessary therefore to furnish them with some small provision, especially as it is highly desirable to attract this particular description of persons, with the view of diffusing through the widest circle, the advantages of native education, and a just appretiation the enlightened views of the Government.

secure the preference of the stipendiary allowance to those most needing it, it is a rule that of the whole number of students at any time on the Foundation of the College, not more than one third shall be fixed residents in Calcutta; the remainder are to be the sons of individuals inhabiting any part of the provinces subject to this Presidency without the limits of the Metropolis. But with reference to the existence of a similar Institution for the convenience of the inhabitants of the upper provinces, a preference is given in the Calcutta College, in the event of competition for vacancies, to natives of Bengal and Orissa, the previous qualifications in other


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130 respects being equal. No youth is admitted to the paid establishment of Foundation scholars, whose parents or connections are able to provide for his support. Those students who have gone through the early classes of the College, and have entered upon those which are to form the advanced course of study, as well as those, who having acquired the requisite competency elsewhere, enter at once into the superior classes, receive the allowance at the rate of eight, the others at that of five Rupees per mensem.

The revenue of 30,000 Rupees per annum, assigned to the College by Government is appropriated in the following manner,

leaving a trifling surplus for contingencies. As however some time may elapse before the College is in full operation, some considerable saving


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Rh may in the interim be made, which will be applied to the purchase of books and other articles, with a view to the formation of a Sanscrit Library to be attached to the Institution.

engaged in the consideration of the means of providing class books for the Sanscrit College, it occurred to the Committee of Public Instruction, that it would be expedient that a Press for the printing of books for the public seminaries, should be established under their control, and maintained from the Funds at their disposal for the purpose of general education. The plan in a digested form was accordingly submitted as an experimental measure to Government by whom it was sanctioned. The experiment is first to be tried on a limited scale with reference to the immediate demands of the Sanscrit College, and the result will determine whether the Printing Establishment shall not hereafter be extended to the execution of work in every oriental type likely to be required in the public Institutions on this side of India.

of eminent attainments in several of the native languages, and distinguish-


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132 ed Sanscrit Scholar, has been appointed Secretary to the College, with an allowance of 300 Rupees per mensem. The superintendance of the College will be vested in him, subject to the control of the Government Committee of Public Instruction, the object of whose appointment will hereafter be more fully described.

does not fall within the scope of this work to detail more particularly the course of study and the system of discipline which are to be pursued in the Sanscrit College. What has been said above will suffice to give a general idea of the purposes of the Institution. The regulations are moreover likely to undergo alterations as experience may suggest new arrangements, after the operations of the College commence. That as little time as possible may be lost in effecting this desirable object, a house has been hired for the use of the Institution, until the new buildings shall be completed; preceptors have been engaged, and other preliminary arrangements made.

principal object of the College, as has been already stated, and as will appear from the


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Rh foregoing sketch, is the cultivation of Sanscrit learning. Whatever may be the defects of that system, it possesses merits, which, to say the least, must always render it an object of liberal and enlightened curiosity; and it cannot be at variance with the duty of a great Government to preserve from decay and degradation, a system of science and literature held in pious veneration by the great body of it’sits [sic] subjects, deeply interwoven with their domestic habits and religious faith, and containing the only authentic records, (clouded as they are by the romance and fable of their ancient history) of a people from whom the enlightened nations of Europe have remotely derived the benefits of knowledge and the blessings of civilization. But it is infinitely desirable to combine with this object, the still more important one of opening new sources of intellectual and moral improvement, by the gradual admission of the lights of European science and learning, and thus to repay the debt of Europe to the East.

The most substantial benefits to general knowledge in this country maybe expected from the encouragement to be given to the attain-


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134 ment of the English language, and by the establishment of the philosophical lectures and the attendance on these of the Hindoo Students who will be principally Bramins: for, there is little reason to doubt that the connection thus laid between European and Hindoo learning, and the incitement held out to the prosecution of the former by rendering it the reward of diligence and merit, will, independently of it’sits [sic] intrinsic attractiveness, occasion it to be eagerly sought after by Hindoo Scholars of ability and enterprize. The union being thus effected in one case, it may hereafter be comparatively easy to carry the combination into other departments, and the improved cultivation of science and literature may be thus successfully and extensively produced. Although, therefore, it be the immediate object of the Institution to cherish Hindoo Literature, yet, it is not unreasonable to hope that such pursuits, fostered by European encouragement, may awaken curiosity to more enlightened studies, and tend by the gradual diffusion of European information to the promotion of useful learning and sound morals.


text: Poems (Nora May French)/The Spanish Girl—Part II


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text: Poems (Nora May French)/The Spanish Girl—Part III


text: Poems (Nora May French)/The Garden of Dolores


text: Poems (Nora May French)/Indifference

title: Poems (Nora May French)/Indifference


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User:MAL MALDIVE

I'm a Wikipedia editor

title: User:MAL MALDIVE


text: Poems (Nora May French)/After-Knowledge

title: Poems (Nora May French)/After-Knowledge


text: Poems (Nora May French)/Two Spendthrift Kings


text: Poems (Nora May French)/Growth

title: Poems (Nora May French)/Growth


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text: Poems (Nora May French)/Change

title: Poems (Nora May French)/Change


text: Poems (Nora May French)/Wistaria

title: Poems (Nora May French)/Wistaria


text: Poems (Nora May French)/My Nook

title: Poems (Nora May French)/My Nook


text:
Author:Mohamed Muizzu

Inaugural Address

 * Mohamed Muizz's Inaugural Address (17 November 2023)

title: Author:Mohamed Muizzu


text: Poems (Nora May French)/When Plaintively and Near the Cricket Sings


text: Poems (Nora May French)/The Little Memories


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User:Schnitzella

Hello this is my Wikisource user page :)

title: User:Schnitzella


text: Poems (Nora May French)/Pass By

title: Poems (Nora May French)/Pass By


text: Poems (Nora May French)/In Empty Courts

title: Poems (Nora May French)/In Empty Courts


text: Poems (Nora May French)/Down the Trail

title: Poems (Nora May French)/Down the Trail


text:
Mohamed Muizz's Inaugural Address

بِسْمِ ٱللّٰهِ ٱلرَّحْمٰنِ ٱلرَّحِيمِ اَلْحَمْدُ لَّلهِ رَبِّ الْعاَلَمِينْ، وَالصَّلاَة ُوَالسَّلاَمُ عَلَى سَيِّدنَا مُحَمَّدٍ وَعَلَى آلهِ وَصَحْبِهِ أَجْمَعِينْ Distinguished dignitaries,

My fellow Maldivians,

Today is a historic day.

It is a day of hope.

This is the maidan of triumph and victory.

Today Maldivians embark on a new journey.

Today we unfurl our sails to return to our homeland, the Maldivians’ country.

Today we start realising our dreams.

It is the day when our hearts yearn for answers to our worries.

It is in this maidan, part of our sacred homeland, where Shaheed Hussain Adam and many other Maldivian heroes made the ultimate sacrifice. They fought to protect the country and our religion.

My fellow Maldivians:

A state’s security, its power and its prestige is built on two main types of development—structural and human development. Countries can build houses, defensive towers, roads, bridges, and office buildings. A country can also build a moral society; a people of sound minds and good discipline.

The policies that my Government pursue, will be driven by these two key fundamentals. We will seek to balance these two types of development. Knowledge and skills. Morals and religion. Behaviour and craftsmanship. We will strive to harness these values and skills in our children. Such values will help the Maldivian society to achieve greater level of prosperity and progress.

My Government will protect the independence of the three powers of the State. In particular, I will not allow the Government to interfere in the judiciary. This does not, however, mean that the Government will turn a blind eye on those who commit criminal offenses. What it means is that the President’s Office interfering in the judiciary ends here right now.

My fellow Maldivians:

I stand before you with courage. With confidence. In the face of great danger—a danger inflicted by the enormous public debt; a danger which threatens to prevent my Government from meeting your expectations. As I assume the presidency, the country’s debt is at 119 billion Maldivian rufiyaa. We are currently facing the highest level of public debt in our history. But I remain hopeful and confident of overcoming this enormous challenge. We will be taking bold, strong, and swift actions to put the Maldivian economy back on track.

My fellow Maldivians:

Our economy is in need of emergency treatment. It is critical to find ways to urgently generate revenue. For that, I hope to complete the mega project of expanding the Velana International Airport and opening its modern new terminal, very soon. This will bring an enormous boost to the tourism industry. It will help in increasing the number of tourists arriving in the Maldives exponentially. We will also find innovative ways to cut costs. We will overcome this situation without mortgaging Government buildings, their roofs, and their gutters.

Fellow Maldivians:

Tourism is one of the key pillars of our economy. Our land’s golden mountains and jewels are our beautiful sandy beaches. Our clear blue sea. Our tourism depends on these resources. The benefits of tourism at the individual, family, and national levels are plentiful. My Government will, therefore, give high priority to the tourism sector. We will further expand and facilitate introducing new innovations to the industry. We will protect the rights of those working in the sector. We will ensure that adequate housing and other amenities are available to them.

Distinguished dignitaries, My fellow Maldivians:

Housing is an issue of grave concern in the Maldives. The lack of adequate housing leads to familial and societal complexities. It exposes people to all kinds of health issues. Insha Allah, Maldivians are going to see a golden era of housing and land ownership during my presidency.

My Government will build garlands of magnificent gardens and state-of-the-art buildings, starting from Uthuru thila falhu to Fushi dhiggaru falhu. Most of the planning and paperwork for this has already been completed. By the Grace of Allah, you will start seeing modern, new cities, rising over the horizon very soon.

I believe that Maldivians need a national development approach which is just, inclusive, and sustainable. It is these principles which will guide and drive our development policies and activities. That means every region, everywhere in the country, will reap the benefits of the country’s development. To achieve this, we will set medium and long-term goals. Through an inclusive and consultative process, we will seek your views to shape these goals and targets.

I call on the intellectuals, the thinkers and thought leaders in different fields in the country, to assist the Government with your research and your findings. We will open the consultation process very soon. Our aim is to empower every Maldivian to actively contribute in crafting the Maldivian development vision—a vision that not only inspires but also motivates the efforts to fulfil the aspirations and dreams of the Maldivian people.

The insights and suggestions gathered from the public consultation process will guide the Government in formulating a comprehensive national development master plan for the next twenty years. This plan will be more than a set of guidelines; it will carry legal authority, ensuring its effective implementation and lasting impact. Based on the proposals we already have, my Government will establish two Integrated Development Zones, one in the north, and the other in the south. In addition to that, we will also be establishing seven urban centres throughout the country, which will help in making our national development more inclusive.

The energetic Maldivian fishermen, the farmers, and the various artisans:

Your hard work provided the most important building blocks in developing this nation. In our four-thousand-year history, fishermen and farmers played the most crucial role in ensuring that our people did not starve. That fact has not changed even today. For we need food today, just like we did four thousand years ago. I will, therefore, give high priority to occupations such as fishing, agriculture, construction and carpentry in my Government. I will ensure that they get the benefit of modern science, technologies, and tools. God willing, the latest advances in technology will be introduced in the Maldives to increase income and skills, and soon fishermen and farmers will reap the benefits from them.

Distinguished intellectuals of the Maldives:

You are at the top tier of the human fortress of this country. We have scholars and intellectuals in various fields including religious studies, language, medicine, civil engineering and construction, business and tourism, science and technology. My Government will value knowledge. We will accord respect and dignity to the scholars. Every heart that shines with the light of knowledge, every such intelligent mind is a bright star. I want our young people in their hearts to love Islam. I am keen to see the next generations grow up respecting Islam, and upholding its values and ethics. I will ensure a safe and peaceful environment for religious scholars to write and preach. Furthermore, the Government will provide support and welcome you. So please teach Islam with its wisdom, its noble preaching and advice in accordance with the teachings of the Holy Qur'an. Make our children be diligent, be responsible and be loyal to our country and religion! Use modern methods of teaching and communicating. Familiarize yourself with modern trends of today's minds.

I have a request for the intellectual community of the Maldives. I would like you to conduct more research and publish them. I would like to see more scientific research being carried out which will form the basis for developing evidence-guided policies on national development. I firmly believe that we, the people of the Maldives, will decide our own affairs and our own future. Such decisions should be guided by knowledge. So let us make the tree of knowledge be fruitful and fertile.

Dynamic Maldivian women, innovative Maldivian youth:

You are the engine that runs this country; the energy behind the country’s endurance and resilience. We will do everything to protect the rights of women. We will provide opportunities for our women and youth, to generate income and become prosperous. We will empower you politically. We will connect young people to the world through modern technology, so that you can showcase your talents, creativity, and entrepreneurship. Insha Allah, we will make our youth succeed through the creator economy.

The senior citizens of this country:

You are the hard-working, faithful people who have carried this country on your shoulders to today's generation. Without any facilities and amenities. There were times when many of you lived in poverty, and in hunger. But you did not give up. You helped build this country. The story of your sacrifices, your trials, your tribulations need to reach today’s generation.

Prophet Muhammad (SAW) has said that “Whoever does not show mercy to our young ones, or acknowledge the rights of our elders, is not one of us”.

Beloved senior citizens. You deserve the utmost respect. Insha Allah, during my presidency, I will provide the country’s honourable senior citizens with the respect that they deserve. You will find that my Government will welcome and facilitate your active involvement, and benefit from your wisdom and experience.

My fellow Maldivians!

The policies of the Maldives Government must be based on the interests of the Maldivian people. I am a Maldivian. For me, Maldivian citizens come first in the list. The very first. People of any other country will come after that.

I will be just.

I will be fair.

And I will be friendly with nations.

I will not harbour enmity or jealousy.

I will respect our neighbors and other countries.

But when it comes to the security of the Maldives, I will always draw a thick red-line. Just like any other country would do. And that red-line should be there. The Maldives will fully respect the security red-line of every country. Our Maldivian red-line should have that same right and respect. Every country, regardless of its size or might, should enjoy that respect. I will never allow that right to be taken away.

Maldivians are the children of freedom. Like a bird guarding its nest, Maldivians have been protecting the independence of our beloved nation for thousands of years. This is what the Maldivian people want. The decision of their heart and soul. Therefore, in my Government, I will always respect the decision of the people. Using the instrument of diplomacy, I will ensure that this country has no foreign military presence on its soil. I assure you that there is no greater honor for me than being loyal to my beloved Maldives.

My fellow Maldivians!

The journey that we just embarked on, will take the Maldivian nation to its original, intended destination. It requires hard work and dedication to hand over the nation to its future generations. I believe it is a national right of every child and every young person. Our children should not be deprived of the right to know the history of this country.

Every student in this country should have the opportunity to learn the proud facts and develop perspectives about the 4,000-year-old Maldivian civilization and become a faithful protector of the country. The right to learn about the history and geography of Maldives should not be taken away from Maldivian students. To familiarise students with these lessons, we will be launching a national project to revive Maldivian patriotism. This is a project aimed towards opening the minds of the people and to acquaint them to the courage, determination and virtues of our people. The project will develop and harness knowledge about our traditions and our way of life. God willing, through this project, we will build an environment appropriate for the mental and spiritual development of our children. I will bring comfort to the hopeful hearts of those parents who make sacrifices day and night to raise their children well.

Distinguished dignitaries, My fellow Maldivians:

Some of you might have a question about what my Government stands for? I stand before you with the intention of answering that question.

I stand for justice. I stand for fairness.

I will raise my voice loud and clear, and speak against corruption, misappropriation, and abuse of power.

My Government will take action against all perpetrators.

My Government will be transparent. There will not be any hidden agendas. I will not be deceitful. With God’s good grace, I will fulfill all the promises I have made.

My Government will defend Islam, this beloved nation, and our sacred land.

We will not be treacherous. Our Government will build homes and minds.

We will not make false or empty promises.

We will show mercy and compassion.

We will not be cruel.

We will continue to be sincere in listening to the people, checking on their welfare and addressing their concerns.

The Government that I am forming will ask you to smile at each other.

Keep the connections! Spread love and mutual respect throughout the country.

And build a happy and content Maldivian society.

My beloved citizens of Maldives:

Before I finish this story and move away, please take a look at our beloved and proud national flag.

The glorious flag is addressing us today.

It is the flag of freedom.

Day or night, rain or shine, the flag keeps on flying.

It tells us a story about the courage and determination it takes to be free. The flag has colours across it in a certain order and it follows a certain rule. It shows that a society needs rules, regulations, and order among its people to maintain its independence. Hence, the flag reminds us that our nation will be truly ours, truly Maldivian, when the society is united by the true values of our Maldivian people. By supporting each other in reviving the good and reforming the not so-good.

O’ the proud national flag of Maldives:

I salute you from the bottom my heart.

I understand the meaning behind every little movement you make; your waving and your fluttering.

You represent the blood of the noble martyrs who defended this nation.

The hope and life of all the brave men and women who built our beloved country.

The sacred beauty and faith of Islam, salvation of our beloved people.

O’ beloved and honored National Flag:

From now on, the sun will never set on you.

Starting today, our proud flag will be the most honorable symbol that will fly in every island of the Maldives.

Today, my appeal to Maldivians is to put forward the strong Maldivian values.

Be united.

Do not be divided.

Today my heart’s desire is for Maldivians to demonstrate the cherished values that makes us Maldivian.

Say good things.

Today, my appeal to you is to learn the value of every grain of sand in our beloved Maldivian soil.

Do not take it for granted.

There is no doubt that the sentiment of every Maldivian should be:

What good luck it is, to be placed on these white sands to be included as one, among my beloved Maldivians.

May Allah bless this proud country.

May Allah grant us a greener and brighter tomorrow.

May the national journey we just started today, be a safe and successful one.

May this beloved country remain independent forever. Ameen.

وَمَا تَوْفِيقِي إِلَّا بِاللَّهِ ۚ عَلَيْهِ تَوَكَّلْتُ وَإِلَيْهِ أُنِيبُ والسلام عليكم ورحمة الله وبركا ت

title: Mohamed Muizz's Inaugural Address


text: Poems (Nora May French)/"Bells from Over the Hills Sound Sweet"


text: Poems (Nora May French)/In Town

title: Poems (Nora May French)/In Town


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138 their maintenance, according to the class to which they belong, viz.

There are eighty five students on the Foundation, and besides these, out students are allowed to attend to an unlimited number. In order to give still further encouragement and support to Mohomedan education, the Government has recently determined to found a School for the tuition of Mohomedan youth, of an earlier age than that in which they are eligible for the Madrissa, and for their instruction on improved principles, in Arabic and Persian Literature.

course of education in the College comprizes the Arabic language, including General Literature, Law, Philosophy of Law, the Traditions of Mohomed, Rhetoric, Logic, Geometry and Arithmetic. Astronomy according to the English system, and English grammar may hereafter probably be taught, to which may be added the Regulations of the British Government


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Rh in the Persian language. The existing courses of instruction are accomplished by the agency of four professors, assisted as occasion may require, by four of the more advanced students who receive proportionate remuneration.

As a temporary and experimental arrangement, the object of which is to prepare the way for the study of the English language, and European sciences in the Madrissa, an allowance of 8 Rs. per mensem is granted to any number of the students not exceeding 25, who may be desirous of acquiring a knowledge of the English language. With the view also of introducing European science, a learned native of India has been entertained on the establishment of the College, as translator of English works of science into Persian and Arabic. This individual has already rendered the article Geometry from the Encyclopædia Britannica into Persian, and that on Arithmetic from the same source, and course of Mathematics into Arabic. He is now employed on Algebra.

Dr., whose eminent oriental attainments arc universally known, fills the office


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-A.D. 582.] marked as in earlier ages, and it therefore required to be more strongly supported by cavalry than had been previously necessary. The Franks, Burgundians, and Allemanni of the days of Constantince were no longer the half-armed savages of the first century, who, 'without helm or mail, with weak shields of wickerwork, and armed only with the javelin ,' tried to face the embattled front of the cohort. They had now the iron-bound buckler, the pike, and the short stabbing sword (), as well as the long cutting sword (), and the deadly '' or battle-axe, which, whether thrown or wielded, would penetrate Roman armour and split the Roman shield. As weapons for hand to hand combat these so far surpassed the old ',' that the imperial infantry found it no light matter to defeat the German tribe. At the same time, the morale of the Roman army was no longer what it had once been: the corps were no longer homogenous, and the insufficient supply of recruits was eked out by enlisting slaves and barbarians in the legions themselves, and not only among the auxiliary cohorts. Though seldom wanting in courage, the troops of the fourth century had lost the self-reliance and cohesion of the old Roman infantry, and required far more careful handling on the part of the general. Few facts show this more forcibly than the proposal of the tactician Urbicius to furnish legionaries with a large supply of portable beams and stakes, to be carried by pack-mules attached to each cohort. These were to be planted on the flanks and in the front of the legion, when there was a probability of its being attacked by hostile cavalry: behind them the Romans were to await the enemy's onset, without any attempt to assume the offensive. This proposition marks a great decay in the efficiency of the imperial


text: Poems (Nora May French)/Moods

title: Poems (Nora May French)/Moods


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140 of Secretary to the Madrissa, to which appointment, including the duty of superintending the translations made from English works into the Persian language, is annexed a Salary of 500 Rupees per mensem.

building, hitherto occupied by the Madrissa, being very much out of repair, and being also extremely confined, and placed not only in an unhealthy spot, but in a part of the city which afforded to the Students great facilities and temptations to dissipation, immorality and idleness, the Government, in consequence, resolved to construct a new College in a more suitable situation. A plan of a building nearly similar to that of the Hindoo College has been adopted, and the sum of Rupees 1,40,537 appropriated for the erection of the edifice and the purchase of the ground on which it is to stand, a portion of the expense being defrayed by the sale of the old premises. The site chosen is in a quarter of the town denominated Kalunga, which is tenanted by that class of people to whom the professors and students of the Madrissa belong, and in the proximity of the great body of Mussulman population. Besides accommodation,


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Rh for the College, the new buildings will provide for the Mussulman School about to be founded.

foundation stone of the new structure was laid on the 15th of July, with the usual ceremonies of Free Masonry.


text: Poems (Nora May French)/A Misty Morning

title: Poems (Nora May French)/A Misty Morning


text: Poems (Nora May French)/Two Songs

title: Poems (Nora May French)/Two Songs


text: Poems (Nora May French)/Noon

title: Poems (Nora May French)/Noon


text: Poems (Nora May French)/Your Beautiful Passing


text: Poems (Nora May French)/By Moonlight

title: Poems (Nora May French)/By Moonlight


text: Poems (Nora May French)/One Day

title: Poems (Nora May French)/One Day


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 place before Madame de Pompadour could be appointed lady of the bed-chamber to the Queen of France, because there could not be found a curé unprincipled enough to administer the sacrament to the mistress of the king—a preliminary of etiquette before Madame de Pompadour could take that place.

Queen Marie is mentioned by Horace Walpole in his first published collection of letters, and while the whole of the French royal family is indiscriminately attacked by his venomous pen, the good old queen, with her frank manners and amiable face, is named with some complacency because, he says, “her large caps put him in mind of Queen Caroline,” the wife of George II.

Marie Leszczynska bore Louis XV. ten children: two princes and eight princesses. Her tenderness for them, which had been of hourly demonstration, never showed itself more lively than when death had carried off several. Attacked herself, with a malady that hurried her to the tomb, whilst the physicians were seeking remedies for her sufferings, she was heard thus to address them:—“Restore me my children, and you will cure me.” Queen Marie Leszczynska died 24th June, 1768, expressing sentiments of pious hope which had proved her best consolation when she had shared the misfortunes of her father, and later in life, when she experienced the unhappiness of losing her husband’s affections.


text: Poems (Nora May French)/The Mission Graves


text: Poems (Nora May French)/Along the Track

title: Poems (Nora May French)/Along the Track


text: Poems (Nora May French)/A Place of Dreams


text: Poems (Nora May French)/Think Not, O Lilias


text: Poems (Nora May French)/To Rosy Buds

title: Poems (Nora May French)/To Rosy Buds


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356

Cusi Coyllur. That yarahui is too sad, Leave me alone.

[Exit the girl who sang the yarahui. Now my tears can freely flow.

Great hall in the palace of Pachacuti''. The, as before, discovered seated on a golden tiana . Enter to him ''.  and .

The time has arrived, great Chiefs, To decide on the coming campaign. The spring is approaching us now, And our army must start for the war. To the province of Colla we march— There is news of Chayanta's advance. The enemies muster in strength, They sharpen their arrows and spears.
 * Ollantay. King, that wild rabble untaught

Can never resist thine array; Cuzco alone with its height Is a barrier that cannot be stormed. Twenty four thousand of mine, With their champis selected with care, Impatiently wait for the sign,

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text: Poems (Nora May French)/Yesterday

title: Poems (Nora May French)/Yesterday


text: Poems (Nora May French)/The Mourner

title: Poems (Nora May French)/The Mourner


text: Poems (Nora May French)/Ave atque Vale

title: Poems (Nora May French)/Ave atque Vale


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Page:The Incas of Peru.djvu/397

Rh The sound of the beat of my drums, The strains of my clarion and fife.
 * Pachacuti. Strive then to stir them to fight,

Arouse them to join in the fray, Lest some should desire to yield, To escape the effusion of blood.
 * Rumi-ñaui. The enemies gather in force,

The Yuncas are called to their aid; They have put on their garbs for the war, And have stopped up the principal roads. All this is to hide their defects— The men of Chayanta are base. We hear they're destroying the roads, But we can force open the way; Our llamas are laden with food— We are ready to traverse the wilds.
 * Pachacuti. Are you really ready to start

To punish those angry snakes? But first you must give them a chance To surrender, retiring in peace, So that blood may not flow without cause, That no deaths of my soldiers befall.
 * Ollantay. I am ready to march with my men,

Every detail prepared and in place, But alas! I am heavy with care, Almost mad with anxious suspense.
 * Pachacuti. Speak, Ollantay. Tell thy wish—

'Tis granted, e'en my royal fringe.
 * Ollantay. Hear me in secret, O King.
 * Pachacuti (to Rumi-ñaui). Noble Chief of Colla, retire;

Seek repose in thy house for a time. I will call thee before very long,

title: Page:The Incas of Peru.djvu/397


text: Page:Court and Lady's Magazine (vol 3, 1839).djvu/129


text:
Page:The Incas of Peru.djvu/398

358 Having need of thy valour and skill.
 * Rumi-ñaui. With respect I obey thy command.

[Exit Rumi-ñaui.

title: Page:The Incas of Peru.djvu/398


text:
Author:Nora May French

Works

 * Poems (1910)

title: Author:Nora May French


text:
User talk:MAL MALDIVE

--EncycloPetey (talk) 18:40, 20 December 2023 (UTC)

title: User talk:MAL MALDIVE


text: Court and Lady’s Magazine

title: Court and Lady’s Magazine


title: Page:TASJ-1-3.djvu/209


title: Page:TASJ-1-3.djvu/210


text: Court and Lady’s Magazine/Volume 3

title: Court and Lady’s Magazine/Volume 3


text: Page:Concepts for detection of extraterrestrial life.djvu/2


text: Court and Lady’s Magazine/Volume 3/February 1839


text: Court and Lady’s Magazine/Volume 3/February 1839/The Magician’s Apprentice


title: Page:TASJ-1-3.djvu/211


title: Page:TASJ-1-3.djvu/212


text:
Page:The Works of H G Wells Volume 11.pdf/91

 off me. I felt too exhausted to walk back, but there was, I knew, a village a mile or so ahead where I hoped to find a conveyance in which I might return by road

"And as I struggled along in this fashion I came upon first one thing and then another, so apt to my mood that they might have been put there by an adversary. First it was a very young rabbit indeed, it was scarcely as long as my hand, which some cruel thing had dragged from its burrow. The back of its head had been bitten open and was torn and bloody, and the flies rose from its oozing wounds to my face like a cloud of witnesses. Then as I went on, trying to distract my mind from the memory of this pitiful dead thing by looking about me for something more agreeable, I discovered a row of little brown objects in a hawthorn bush, and going closer found they were some half-dozen victims of a butcher bird—beetles, fledgelings, and a mouse or so—spiked on the thorns. They were all twisted into painful attitudes, as if each had suffered horribly and challenged me by the last gesture of its limbs to judge between it and its creator And a little further on a gaunt, villainous-looking cat with rusty black fur that had bare patches suddenly ran upon me out of a side path; it had something in its mouth which it abandoned at the sight of me and left writhing at my feet, a pretty crested bird, very mangled, that flapped in flat circles upon the turf, unable to rise. A fit of weak and reasonless rage came upon me at this, and seeing the cat halt some yards away and turn to regard me and move as if to recover its vic-


text:
Author:J. O.

As translator

 * "The Spirit’s Summons" by Johann August Apel in Leigh Hunt’s London Journal (1835)

title: Author:J. O.


text:
Page:The Works of H G Wells Volume 11.pdf/92

 tim, I rushed at it and pursued it, shouting. Then it occurred to me that it would be kinder if, instead of a futile pursuit of the wretched cat, I went back and put an end to the bird's sufferings. For a time I could not find it, and I searched for it in the bushes in a fever to get it killed, groaning and cursing as I did so. When I found it, it fought at me with its poor bleeding wings and snapped its beak at me, and made me feel less like a deliverer than a murderer. I hit it with my stick, and as it still moved I stamped it to death with my feet. I fled from its body in an agony. 'And this,' I cried, 'this hell revealed, is God's creation!

"Tcha!" exclaimed Mr. Dad.

"Suddenly it seemed to me that scales had fallen from my eyes and that I saw the whole world plain. It was as if the universe had put aside a mask it had hitherto worn, and shown me its face, and it was a face of boundless evil It was as if a power of darkness sat over me and watched me with a mocking gaze, and for the rest of that day I could think of nothing but the feeble miseries of living things. I was tortured, and all life was tortured with me. I failed to find the village I sought; I strayed far, I got back here at last long after dark, stopping sometimes by the wayside to be sick, sometimes kneeling or lying down for a time to rest, shivering and burning with an increasing fever.

"I had, as you know, been the first to find poor Williamson lying helpless among the acids; that ghastly figure and the burned bodies of the two boys who died in School House haunt my mind constantly;


text:
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 * Albinson, T. A.
 * Allen, H. Jnr.
 * Anéthan, Baron d’
 * Antisell, Dr. T. A.
 * Aston, W. G.
 * Atkinson, Prof. R. W.
 * Ayrton, Prof. W. E.
 * Bate, C.
 * Bellamy, A.
 * Benson, E. S.
 * Bingham, Hon. J. H.
 * Bisset, J.
 * Black, J. R.
 * Boyle, R. V.
 * Brennwald, C.
 * Brunton, R. H.
 * Brent, A.
 * Bridgford, Capt. S. T.
 * Brinkley, Lieut. F.
 * Brooke, J. H.
 * Brown, Revd. S. R. Dr.
 * Brown, A. R.
 * Brown, Dr. Nathan.
 * Brown, R. M.
 * Burnside, Revd. H.
 * Brymer, J.
 * Caldwell, Dr. J.
 * Cargill, W. W.
 * Castell, A. T. van
 * Chamberlain, B. H.
 * Chipman, H. S.
 * Cochran, Revd. G.
 * Cocking, S.
 * Davison, J.
 * De Boinville, C.A.C.
 * De Groote, His Excellency C.
 * De San, E.
 * Descharmes, Capt.
 * D’Iffanger, F.
 * Dickins, F. V.
 * Dillon, E.
 * Dickinson, D., M.D.
 * Dodds, J.
 * Duer, G.
 * Dyer, H.
 * Eldridge, Dr. J.
 * Elliott, Dr. W. St. G.
 * Elmore, T. F.
 * Eusden, R.
 * Exton, J.
 * Fagan, C. S. F.
 * Farmer, J.
 * Flanders, C. A.
 * Fischer, S.
 * Flowers, M. O.
 * Fraser, T. A.
 * Gay, A. O.
 * Geerts, Dr. J. A.
 * Glover, T. B.
 * Green, Revd. D. C.
 * Grigor, J.
 * Goodwin, C. W.
 * Gowland, W.
 * Gower, E.
 * Gregory, G. E.
 * Grigsby, Prof.

title: Page:TASJ-1-3.djvu/213


text:
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 *Gribble, H.
 * Gubbins, J. G.
 * Hall, C. J.
 * Hall, Dr.
 * Hamilton, G.
 * Hartley, J.
 * Hatakeyama, Y.
 * Hawes, Lieut., A. G. S.
 * Hayller, T. E.
 * Hay, D.
 * Hellyer, F.
 * Henderson, J. Y.
 * Hepburn, Dr. J. C.
 * Holme, R.
 * Horne, Jnr., H. A.
 * House, E. H.
 * Howell, W. G.
 * Howell, G. H.
 * Hunt, H. J.
 * Inglish, D. D.
 * Irwin, R. W.
 * James, F. S.
 * Kilby, E. F.
 * Kinder, Major, T. W.
 * Kinder, C. W.
 * Kingdon, N. P.
 * Kirkwood, M.
 * Lawrence, C. W.
 * Lepper, T.
 * Lindo, Lieut. J. A.
 * Lothrop, O. K.
 * Lyman, B. S.
 * McCartee, Dr. D. B.
 * MacDonald, Revd. R. D.
 * Maclagan, R.
 * Mackenzie, H.
 * Maclay, Revd. R. S. Dr.
 * McRitchie, J.
 * McDonald, W.
 * Marks, F. W.
 * Marshall, Prof. D. H.
 * Mayers, W. F. S.
 * Miller, Revd. E. R.
 * Milne, A.
 * Mori, The Hon. A.
 * Mounat, J.
 * Muller, Dr. L.
 * Murray, Dr. D.
 * Ness, G. P.
 * Ojeda, Snr. Don E. de
 * Ouston, A.
 * Parkes, His Excel. Sir H.
 * Parry, S.
 * Parsons, Revd. W. E.
 * Perry, Prof. J.
 * Pitman, F.
 * Pitman, J.
 * Plunkett, Hon. F. RR. [sic]
 * Poate, T. P.
 * Pole, G. H.
 * Pryer, H.
 * Purcell, T. A.
 * Rickett, J.
 * Ringer, J.
 * Robertson, J.
 * Robertson, R.
 * Rockwell, G. I.
 * Sanjo, Jnr.
 * Savatier, Dr.
 * Scott, M. M.
 * Shand, W. J. S.
 * Shaw, Revd. A. C.
 * Sichel, J. P.
 * Sitwell, J. A.
 * Smale, Sir John
 * Smedley, J.
 * Smith, W. H.
 * Smith, J. H.
 * Smith, Prof. R.
 * Smith, Hon. C. C.
 * Stone, N. J.
 * Stransom, S. J.
 * Struve, His Excel. C. de
 * Summers, Revd. J.
 * Sutton, F. W.
 * Syle, Revd. E. W.
 * Thompson, G. W.
 * Thornicraft, Dr. T. C.
 * Thurburn, J.
 * Yan der Pot, J. J.
 * Veeder, P. V.
 * Von Brandt, His Excel. H.
 * Von Siebold, Baron
 * Walker, F.
 * Walsh, J. G.
 * Walsh, T.
 * Warren, Revd. C. F.
 * Watson, E. B.
 * Wauchope, G.
 * Wetmore, F. R.
 * Whittall, E.
 * Wheeler, Dr. E.
 * Wilkin, A. J.
 * Wilkinson, H. S.
 * Wilson, J. A.
 * Williams, G. B.
 * Wolley, W. A.
 * Wright, A.
 * Wright, Revd. W. B.
 * Zappe, E.
 * Jonas, F. M.

title: Page:TASJ-1-3.djvu/214


text:
Author:François Richer

Works

 * Causes célèbres et interessantes (21 volumes, 1771–1788)

title: Author:François Richer


text:
Causes célèbres et interessantes (Richer)

 * The Romance of Real Life translated by Charlotte Turner Smith (1787)
 * "88: Story of Renée Corbeau" in Leigh Hunt’s London Journal (1835)


text:
Index:The Poems and Prose remains of Arthur Hugh Clough, volume 1 (1869).djvu/styles.css

.wst-toc-table th { font-size:83%; font-variant:all-small-caps; } .wst-toc-row-2out-1 td:first-child { font-variant:small-caps; } .errata-table { font-size:83%; text-align:left; border-collapse:collapse; } .errata-table td { padding-top:0; padding-bottom:0; } .errata-table .indent { font-style:italic; padding-left:5em; padding-right:1em; }


text: Index:Lin-Brook Builders Hardware v. Gertler.pdf


text:
Characters of Shakespear's Plays (Hazlitt)

 * Characters of Shakespear's Plays (1817)
 * Characters of Shakspeare’s Plays in Leigh Hunt’s London Journal (1834–1835)
 * "24: The Two Gentlemen of Verona"
 * Characters of Shakespear's Plays in The Collected Works of William Hazlitt volume 1 (1902)


text: Index:Chimes (Dickens 1913).pdf

title: Index:Chimes (Dickens 1913).pdf


text:
Page:Lin-Brook Builders Hardware v. Gertler.pdf/1

  on the railroad’s contention that the lower court was correct in holding that the required signals were given because there was no conflict between plaintiff’s witnesses’ testimony that they heard no signals and the railroad’s witnesses’ testimony that they heard signals by bell and whistle, it was stated: “While negative evidence may not have the same probative value as positive evidence, it is usually the only method of proving the failure of a railway company to give signals and, in such a case as this, is evidence which the jury may properly weigh and consider, together with positive evidence, if any, to the contrary, in determining whether such signals were given.” 24 N.E.2d at 409. In Callahan v. New York Central Railroad Co., 125 Ind.App. 631, 125 N.E.2d 263, 267 (1955), the Indiana Appellate Court also reversed a directed verdict for the defendant-railroad, holding inter alia that the testimony of a witness that he did not hear any bell constitutes negative evidence which the jury may properly weigh and consider, and which “may or may not have the same probative value as positive evidence,” and approved the “general rule that the testimony of one who is near a crossing and in a situation to have heard the whistle, that he did not hear it, is generally sufficient to support the inference that such a warning signal was not given.” The question of the credit to be given to the testimony of the witnesses, measured by their opportunity to observe, and their attention and credibility, was for the jury, in our opinion.

There was sufficient evidence to support the verdicts on this one question of negligence, and this is enough to sustain the judgments. Ricks v. Emery, 134 Ind.App. 182, 185 N.E.2d 546, 548 (1962). We do not reach the contention made with respect to the alleged violation of the crossing sign statute.

We see no merit in the contention that the judgments must be reversed because of the alleged inconsistency between the verdicts against Pauline Simon as administratrix in the death actions, and for her individually. We are not persuaded that the verdicts in the death cases resulted from finding the Railroad not negligent. The district court fully instructed the jury, without objection, upon the duty of care which the law imposes on the driver of the automobile and its adult passenger, and that Pauline Simon could not recover in the death actions if “Mr. and Mrs. Boyd” were guilty of any negligence which proximately contributed to the collision and their resulting deaths; also that the minor passenger could not be charged with any contributory negligence. Thus the jury could have decided, without inconsistency, that the driver, Cosie Boyd, was negligent in proceeding as he did onto the tracks, and that his wife, Lola, did not warn him of the danger of which she must have, or should have, known; and that therefore the negligence of the Boyds precluded recovery in the death actions even though the Railroad was negligent. This question was not in issue as to Eldridge Simon, and Pauline Simon’s individual recovery depended upon the judgment for her son.

Accordingly, the judgments are affirmed.


text: Page:Chimes (Dickens 1913).pdf/1

title: Page:Chimes (Dickens 1913).pdf/1


text: Page:Chimes (Dickens 1913).pdf/2

title: Page:Chimes (Dickens 1913).pdf/2


text: Page:Chimes (Dickens 1913).pdf/3

title: Page:Chimes (Dickens 1913).pdf/3


text:
Page:Lin-Brook Builders Hardware v. Gertler.pdf/2

 Lee Landrum, Greenwald, Landrum & Baim, Los Angeles, Cal., for appellant.

L. E. McManus, Dowey, Cal., for appellees.

Before KOELSCH and ELY, Circuit Judges, and BEEKS, District Judge.

BEEKS, District Judge.

Appellant is engaged in the business of retailing hardware and other goods in Anaheim, California. To advertise its establishment appellant has been publishing illustrated catalogues of its merchandise since 1957. Many of the illustrations were drawn by a commercial artist, H. L. Baxter, whom appellant employed as an independent contractor. Beginning in 1961 appellant made it a practice to copyright the catalogues by placing the words “Copyright 1961 Lin-Brook Hardware” on the cover of each catalogue and by registering the copyrights with the appropriate Government offices. Appellees operate a hardware store in Downey, California, about 12 to 15 miles from appellant’s store. They deal in similar or identical items of merchandise. Appellees also publish an illustrated catalogue to advertise their merchandise. Appellant, believing its copyright to have been infringed by the appellees, gave notice thereof on February 5, 1962, and commenced this lawsuit on August 13, 1962. The trial court severed the issues of liability and damages and at the conclusion of the trial the court found against appellant and dismissed the complaint. The trial court did not make formal findings of fact but it did issue a


text:
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 {| style="margin-left:auto; margin-right:auto; border:none;"
 * style="border-style: double; border-color: grey;"|Chimes 1913 b (1).jpg
 * your dinner, is it?”
 * }
 * your dinner, is it?”
 * }

title: Page:Chimes (Dickens 1913).pdf/4


text: Page:Chimes (Dickens 1913).pdf/5

title: Page:Chimes (Dickens 1913).pdf/5


text: Page:Chimes (Dickens 1913).pdf/6

title: Page:Chimes (Dickens 1913).pdf/6


text:
Page:Lin-Brook Builders Hardware v. Gertler.pdf/3

 memorandum decision which was to be considered as the findings of the court.

In essence, appellant attacks the conclusions of the trial court that (1) appellant was not the proprietor of the copyright to the drawings made by H. L. Baxter and was therefore not entitled to copyright them, (2) the drawings by H. L. Baxter were not copyrightable, and (3) the alleged copyrights were invalid because of insufficient notice of copyright.

The basis of the trial court’s holding as to the proprietorship of the copyright to Baxter’s drawings is twofold. First, the court apparently indulged in the presumption that since Baxter was an independent contractor and not an employer, he was the “copyright proprietor” within the meaning of the statute. Secondly, Baxter executed an assignment in favor of appellant of all right, title and interest in the drawings. The assignment was dated May 24, 1962, less than three months before the commencement of the lawsuit. The court apparently concluded that the assignment demonstrated a prior lack of title in the assignee, Lin-Brook Hardware. Appellant here contends that the assignment was merely a “quit-claim” assignment for the purposes of litigation. The record is devoid of any testimony relating to the circumstances under which the assignment was given and the only other evidence in the record with respect to ownership of the copyright is the uncontradicted testimony of Baxter set forth in the margin.

We are of the opinion that the trial court committed error in presuming that Baxter retained the ownership of the copyright to the drawings. On the contrary, we believe that when one person engages another, whether as employee or as an independent contractor, to produce a work of an artistic nature, that in the absence of an express contractual reservation of the copyright in the artist, the presumption arises that the mutual intent of the parties is that the title to the copyright shall be in the person at whose instance and expense the work is done. Yardley v. Houghton Mifflin Co., 108 F.2d 28 (2d Cir. 1939); Grant v. Kellogg Co., 58 F.Supp. 48 (S.D.N.Y.1944); Dielman v. White, 102 F. 892 (C.C.D.Mass.1900). We do not believe that the assignment referred to above, standing alone without any evidence as to the circumstances or intendment of its execution, is sufficient to rebut this presumption. Accordingly, we are of the opinion that the trial court’s conclusion with respect to the proprietorship of the copyright was erroneous.

The trial court’s conclusion that the drawings made by Baxter are not copyrightable is also based on two grounds, first, that an illustration in this type of catalogue is not copyrightable, and secondly, that Baxter’s work showed insufficient “originality” to be copyrightable. The court relied on


text:
Page:Chimes (Dickens 1913).pdf/7

v

title: Page:Chimes (Dickens 1913).pdf/7


text:
Discipline and the Derelict

 * "Discipline and the Derelict" (1921), an essay by Thomas Arkle Clark
 * Discipline and the Derelict (1921), an essay collection by Thomas Arkle Clark

title: Discipline and the Derelict


text:
Page:Chimes (Dickens 1913).pdf/8

are not many people—and as it is desirable that a story-teller and a story-reader should establish a mutual understanding as soon as possible, I beg it to be noticed that I confine this observation neither to young people nor to little people, but extend it to all conditions of people: little and big, young and old: yet growing up, or already growing down again—there are not, I say, many people who would care to sleep in a church. I don’t mean at sermon-time in warm weather (when the thing has actually been done, once or twice), but in the night, and alone. A great multitude of persons will be violently astonished, I know, by this position, in the broad bold Day. But it applies to Night. It must be argued by night, and I will undertake to maintain it successfully on any gusty winter’s night appointed for the purpose, with any one opponent chosen from the rest, who will meet me singly

title: Page:Chimes (Dickens 1913).pdf/8


text:
Author:Hugh Thomson

Works

 * The Chimes, by Charles Dickens (1913)

title: Author:Hugh Thomson


text:
Page:Chimes (Dickens 1913).pdf/24

 {| style="margin-left:auto; margin-right:auto; border:none;"
 * style="border-style: double; border-color: grey;"|Chimes 1913 b (2).jpg
 * style="text-align:right;"|“Meanwhile Toby took a long inspiration at the lid”
 * }
 * style="text-align:right;"|“Meanwhile Toby took a long inspiration at the lid”
 * }

title: Page:Chimes (Dickens 1913).pdf/24


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Page:Chimes (Dickens 1913).pdf/29

 {| style="margin-left:auto; margin-right:auto; border:none;"
 * style="border-style: double; border-color: grey;"|Chimes 1913 b (3).jpg
 * style="text-align:right;"|“How often have I heard them bells say, Toby Veck, Toby Veck, keep a good heart, Toby!”
 * }
 * style="text-align:right;"|“How often have I heard them bells say, Toby Veck, Toby Veck, keep a good heart, Toby!”
 * }

title: Page:Chimes (Dickens 1913).pdf/29


text:
Page:Chimes (Dickens 1913).pdf/70

 {| style="margin-left:auto; margin-right:auto; border:none;"
 * style="border-style: double; border-color: grey;"|Chimes 1913 b (4).jpg
 * style="text-align: right;"|“The little visitor ran into her arms.”
 * }
 * style="text-align: right;"|“The little visitor ran into her arms.”
 * }

title: Page:Chimes (Dickens 1913).pdf/70


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Page:Chimes (Dickens 1913).pdf/97

 {| style="margin-left:auto; margin-right:auto; border:none;"
 * style="border-style: double; border-color: grey;"|Chimes 1913 b (5).jpg
 * style="text-align: right;"|“How can the cruel world go round and bear to look upon such lives!”
 * }
 * style="text-align: right;"|“How can the cruel world go round and bear to look upon such lives!”
 * }

title: Page:Chimes (Dickens 1913).pdf/97


text:
Page:Chimes (Dickens 1913).pdf/120

 {| style="margin-left:auto; margin-right:auto; border:none;"
 * style="border-style: double; border-color: grey;"|Chimes 1913 b (6).jpg
 * style="text-align: right;"|“Fat company, rosy-cheeked company, comfortable company.”
 * }
 * style="text-align: right;"|“Fat company, rosy-cheeked company, comfortable company.”
 * }

title: Page:Chimes (Dickens 1913).pdf/120


text:
Page:Chimes (Dickens 1913).pdf/147

 {| style="margin-left:auto; margin-right:auto; border:none;"
 * style="border-style: double; border-color: grey;"|Chimes 1913 b (7).jpg
 * style="text-align: right;"|“The drum—then stepped forward.”
 * }
 * style="text-align: right;"|“The drum—then stepped forward.”
 * }

title: Page:Chimes (Dickens 1913).pdf/147


text: Page:Chimes (Dickens 1913).pdf/152

title: Page:Chimes (Dickens 1913).pdf/152


text:
Page:Lin-Brook Builders Hardware v. Gertler.pdf/4

, 101 U.S. 99, 25 L.Ed. 841 (1880), and on its discussion of the English case of Cobbett v. Woodward, Law Rep. 14 Eq. 407. The gist of Cobbett v. Woodward is that a furniture catalogue is not copyrightable because it constitutes advertising. Counsel for appellees conceded on oral argument that advertising is copyrightable, as indeed he must in the face of overwhelming authority. Bleistein v. Donaldson Lithographing Co., 188 U.S. 239, 23 S.Ct. 298, 47 L.Ed. 460 (1903); L. A. Westermann Co. v. Dispatch Printing Co., 249 U.S. 100, 39 S.Ct. 194, 63 L.Ed. 499 (1919); Campbell v. Wireback, 269 F. 872 (4th Cir. 1920); Ansehl v. Puritan Pharmaceutical Co., 61 F.2d 131 (8th Cir. 1932); Weir v. Gordon, 216 F.2d 508 (6th Cir. 1954).

On the issue of originality the trial court seems to have been led astray by the dual meaning of the word. The court cited as an example a drawing of a Texaco oil can and concluded that, “There was nothing original in the drawing or sketch. Any meticulous artist, looking at the can before him, would have drawn it in the same manner, achieving the same result.” However, this reasoning would be even more applicable to photographs, which are commonly held to be copyrightable. Lumiere v. Robertson-Cole Distributing Corp., 280 F. 550 (2d Cir. 1922); Cory v. Physical Culture Hotel, 88 F.2d 441 (2d Cir. 1937). “Originality” in copyright law is not a question of creativity or novelty, but one of authorship or source of origin. “ ‘Original’ in reference to a copyrighted work means that the particular work ‘owes its origin’ to the ‘author.’ No large measure of novelty is necessary.” Alfred Bell & Co., Ltd. v. Catalda Fine Arts, Inc., 191 F.2d 99, 102 (2d Cir. 1951). To paraphrase the language of the Supreme Court in the Bleistein case, appellees were free to copy the original oil can, but they were not free to copy Baxter’s copy of the can.

The third ground of the trial court’s decision was that of insufficient notice of the copyright. This ground is also twofold. First, inasmuch as much of the material in the catalogues was admittedly not copyrightable, the notice of the copyright printed on the cover of the catalogues was insufficient to give notice to the public as to which of the myriad items in the catalogues were copyrighted. Secondly, the language used in the certificates of copyright was so indefinite and uncertain as to be a failure of notice to the public.

The first basis of the court’s conclusion as to notice is contrary to the express language of the statute, 17 U.S.C. § 3, and to the holdings of the decided cases. Markham v. A. E. Borden Co., Inc., 206 F.2d 199 (1st Cir. 1953); Da Prato Statuary Co. v. Giuliani Statuary Co., 189 F. 90 (C.C.D.Minn.1911); National Cloak & Suit Co. v. Kaufman, 189 F. 215 (C.C.M.D.Pa.1911); P.I.C. Design Corporation v. Sterling Precision Corp., 231 F.Supp. 106 (S.D.N.Y.1964).

The second ground was that the language of the copyright certificates was too indefinite and uncertain. The certificates stated, “New matter consists of new artistic drawings of merchandise, new textual and pictorial material not previously published and new layouts and revisions.” Given the language of 17 U.S.C. § 3, quoted in, we find that the certificates give all notice the statute requires and the conclusion that the language of the certificates is too indefinite and uncertain is erroneous.

In fairness to the learned trial judge, it should be pointed out that the great majority of the authorities relied upon in this opinion were cited neither to the trial court nor to this court.

The court did not mention in its memorandum decision anything relative to a finding that appellees copied from


text: Page:Chimes (Dickens 1913).pdf/153

title: Page:Chimes (Dickens 1913).pdf/153


text:
Page:Chimes (Dickens 1913).pdf/48

letter Toby had received from Alderman Cute was addressed to a great man in the great district of the town. The greatest district of the town. It must have been the greatest district of the town, because it was commonly called “the world” by its inhabitants.

The letter positively seemed heavier in Toby’s hand, than another letter. Not because the Alderman had sealed it with a very large coat of arms and no end of wax, but because of the weighty name on the superscription, and the ponderous amount of gold and silver with which it was associated.

“How different from us!” thought Toby, in all simplicity and earnestness, as he looked at the direction. “Divide the lively turtles in the bills of mortality, by the number of gentlefolks able to buy ’em; and whose share does he take but his own! As to snatching tripe from anybody’s mouth—he’d scorn it!”

title: Page:Chimes (Dickens 1913).pdf/48


text:
Page:Lin-Brook Builders Hardware v. Gertler.pdf/5

  catalogue. However, a perusal of the record as a whole demonstrates to our complete satisfaction that the court was convinced that there was substantial copying. Therefore, the liability of appellees has been established and the only remaining issue to be tried is that of damages, including the question of the extent of the copying, and whether appellant is entitled to injunctive relief.

Reversed and remanded for further proceedings in accordance herewith.

W. S. Ryza, Chicago, Ill. (Charles J. Biddle, Drinker, Biddle & Reath, Philadelphia, Pa., James G. Davis, Pope, Ballard, Uriell, Kennedy, Shepard & Fowle, Chicago, Ill., on the brief), for petitioner.

Elliott Moore, Atty., N. L. R. B., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Allen M. Hutter, Atty., N. L. R. B., on the brief), for respondent.

Before McLAUGHLIN, HASTIE and FREEDMAN, Circuit Judges.

PER CURIAM.

This litigation is before us for the second time. In its first appearance here review was sought of the Board’s order dismissing an unfair labor practice complaint based upon the then petitioner’s charges that he and several other employees had been wrongfully discharged by the employer, the present petitioner. After the original hearing, the Trial Examiner concluded that the discharges involved were discriminatorily motivated. Those evidentiary findings were adopted by the Board but the latter concluded that the employees were discharged for fighting. The Board therefore dismissed the complaint of unfair labor practice against the employer. In our opinion, Greco v. N. L. R. B., et als., 331 F.2d 165, 166 (3 Cir. 1964), we found that the Examiner’s findings of fact, adopted by the Board as to the circumstances surrounding the discharges, “* * * are based upon substantial evidence * * *.” We held p. 169 that “In our view, these findings clearly preclude any inference that the employees were discharged for fighting. On the contrary, the mere recitation of them compels only one conclusion, that the discharges were discriminatorily motivated.” We decided that, since the findings of fact adopted by the Board did not support its conclusion that the discharges were not discriminatory, its conclusion could not stand. The cause was remanded to the Board for further proceedings in conformity with our opinion.


text:
Page:Chimes (Dickens 1913).pdf/83

are the brooding clouds and troubled the deep waters, when the Sea of Thought, first heaving from a calm, gives up its Dead. Monsters uncouth and wild, arise in premature, imperfect resurrection; the several parts and shapes of different things are joined and mixed by chance; and when, and how, and by what wonderful degrees, each separates from each, and every sense and object of the mind resumes its usual form and lives again, no man—though every man is every day the casket of this type of the Great Mystery—can tell.

So, when and how the darkness of the night–black steeple changed to shining light; when and how the solitary tower was peopled with a myriad figures; when and how the whispered “Haunt and hunt him,” breathing monotonously through his sleep or swoon, became a voice exclaiming in the waking ears of “Trotty, Break his slumbers”;

title: Page:Chimes (Dickens 1913).pdf/83