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 critics have recognized as this season's American Duse.

But how strange all your Christian names are! And by what method have you contrived to hold on to the O'Grady?

Gunnar leaned so far back into his chair that his long eyelashes formed shadows on his eyeballs, like the patterns made on white sand by palm-leaves in the sun. That is extremely simple, he continued. An essential clause in the contract stipulated that we should retain our surname, and to avoid discussion as to whether we should receive Irish or Jewish Christian names it was further nominated that we should only be given these upon the occasion of our pseudo-adoption. We were then christened by our foster-parents, and the diversity in our names is accounted for by the fact that my father and mother, who are immensely wealthy, travelled extensively, a condition which was facilitated by their absolute freedom from all family responsibility.

Zimbule was given in charge to a Levantine family. She has undergone a curious experience, but even in the face of a bewildering series of accidents my father's faith in his plan has been justified. Shortly after she had been adopted by this worthy Levantine couple, they departed on a voyage for America. The steamship in which they embarked was wrecked off the coast of Newfoundland. They, together with nearly every other soul aboard,


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 perished. By some kind of miracle, however, Zimbule was saved. What happened to her subsequently is as yet a mystery. My parents only heard of her again when she became a moving-picture star. Doubtless, on the occasion of her reunion with her lost ones, which will occur in a few years, she will be able to relate the incidents of the unaccounted-for period in her career.

But the name! Campaspe cried. How has she been able to retain the name?

Easily, Gunnar explained. Each of us, at the time of our adoption and christening, was presented with a gold key on which the name was engraved. This key was attached to a gold chain linked around the throat and could only be removed by breaking the chain. The key opens a box kept by our guardians in a safe-deposit vault, waiting our coming of age. Zimbule's box was secured by my parents after her foster-family had perished at sea. She doubtless retains the key.

I saw no key! Campaspe ejaculated.

Do you then know her? Gunnar regarded her with astonishment.

I knew her two years ago.

Even if she does not wear it round her throat, she must have retained the key, Gunnar argued.

It is a most amazing story, Campaspe commented, as she lighted a new cigarette.

There is much more, and the interesting part of

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 it is that it is all true, but I must come down to my own history, making it as brief as possible.

You need not abbreviate it on my account, Campaspe urged. I am willing to listen two days or longer.

I was brought up by a Danish family in Copenhagen, Gunnar continued; hence my name, Gunnar. My guardian was an honest burgess of some fortune; his wife, a sedate and careful housewife. The incidents of my childhood are not essential to this narrative and I shall not go into them. Suffice it to say that I was sent to the University at Copenhagen, famous, as you may have heard, for its training of athletes, and it was there that I became proficient in the Grecian games.

I always nourished an instinctive desire to develop my body. My ambition was to force my muscles to be subservient to my slightest whim. Perfect co-ordination was my aim. As I grew older and became more interested in the philosophy of life, an inclination inherited, probably, from my father, this instinct seemed even more reasonable to me. I looked about, and what did I see? People, consumed with hate and rage and lust, existing like squirrels in their cages, continuously and unnecessarily pawing perdurable treadmills. For what? Only to cause them to revolve. Others reminded me more of panthers in the zoological gardens, striding incessantly behind their bars from one side of


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 the enclosure to the other. I began to think of my fellow-beings as mechanical toys, automatically performing the rites of coeval or geographical morality or custom, with occasional baffling and disturbing interruptions caused by the fierce demands of sex or greed. There appeared to be no justification for life, no sense to it. I foresaw that I should become like the others. It was during this fatal period that I came upon the studies of Sigmund Freud and, convinced as I was at the time that there was truth in his diagnosis of the universal neurosis, I was quite prepared to commit suicide.

What I actually did do. . . Gunnar now looked Campaspe full in the eyes. . . was something much worse. I fell in love. Here, too, I shall abridge, giving you only the essentials of an affair to which I might easily devote ten evenings, or write down in a book which would be longer than a la Recherche du temps perdu. I fell in love with a lady who apparently loved me also. It was arranged, after a short but seething courtship, that we should be married. One evening, however, shortly before that solemn ceremony was to be celebrated, she persuaded me to yield to her charms, and our physical union was consummated. The events of the next two months assumed the form of a hideous vision—even yet there seems nothing real to me in this sordid adventure. I was completely in the power of lust. There was, assuredly, no happiness in those months; rather, every variety of misery


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 and grief and anguish and humiliation, together with the fierce, nervous excitement brought about by the abuse of our natural forces. Jealousy, devastating, burning, consuming jealousy, devoured my vitals. I was jealous even of the motor that bore her to our rendezvous, jealous of the hours that kept her away from me, jealous of the servants to whom she gave orders. When I was perforce separated from her for a day I cursed her and myself. I was unable to work. I was unable to enjoy myself. In short, he concluded, his lip curling bitterly, I was in love.

You were, indeed, Campaspe echoed sympathetically.

Love, I found, is not happiness. It is a kind of consuming selfishness which ends in slavery. You belong to some one else. You no longer live with yourself. You lose your freedom and become the servant of glowering moods and the powers of darkness. You suggest a shadow rather than an object. The orientals, I understand, take these matters more lightly—Sigmund Freud would find no patients among the Arabs—but with us Northern races love is the bane of our existence. He paused to mop his face with his handkerchief. I shall not try your patience much longer, he announced.

Go on! Go on! Campaspe urged. Say all that you have to say!

I am nearly done. Day by day, I found myself growing weaker, readier to answer the call of the


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 loathsome voice, and more stricken with the bitter, reactionary pain which has no surcease until, at last, I struck bottom. I discovered that my mistress, my affianced bride, was unfaithful to me, unfaithful in a manner with which, through a curious chain of circumstances, I became fully cognizant. At first, I planned to kill her. For days, indeed, I was mad, completely, totally insane. Quite suddenly, my brain, or my body—can one ever be sure which it is?—experienced an unexpected but salutary revulsion. I would, I determined, kill this thing in me, instead, and be free again. At that instant my drooping spirits began to revive.

There were, however, other dangers to guard against. There was the possibility that I might fall into step with the automatic puppets, become one of the squirrels in the treadmill, or one of the restless panthers behind the bars. In whichever direction I turned life seemed to be hopelessly dominated by these conditions: stupid, ovine existence, complicated, and often rendered ridiculous, by the arduous rigours of sex. The married were not free from it, less free from it, indeed, than the unmarried. With married couples I noted a constant suggestion of straining on the leash, a desire to break away into forbidden fields. Some, of course, did break away to console themselves with libidinous debauchery, which they tried to construe as comfort or happiness. In any event, the strain


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 was always intense, mutual hatred under the surface at times, but always ready, in case of accident, to rear its ugly head.

I desired complete freedom. What was there to do in life? Conform to the action of the puppets, dull one's perceptions and lead the existence of the majority, an existence which appeared to me to have no meaning, or. . . ? I sought advice from the philosophers. I began to read Plato and Pythagoras, Plotinus, Kant, Schopenhauer, Nietzsche. . . even Hans Vaihinger, but it was not until I stumbled upon Hippias, the old Greek, that I discovered any food to satisfy my natural craving. Have you ever heard of Hippias?

Campaspe shook her head.

Well, the philosophy of Hippias embraced all of life. He believed that one should cultivate everything inside oneself. He himself was an extraordinary mathematician; he practised poetry and he understood astronomy. Painting, mythology, ethnology, as well as music, held his interest. He designed and made his own garments; he fashioned his own jewelry. He also appears to have held an ideal looking forward to the establishment of a universal brotherhood, an obnoxious ideal which I did not take over. . . . There was also at hand the case of Leonardo da Vinci. ..

Of him I know.

Naturally. Well, Hippias was my salvation. I


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 knew at last what I might do: I might strive for perfection, so far as was humanly possible. Already a fine athlete, I determined to make my body the most agile in the world. Heard I of a feat attempted by another I accomplished it too. I was already acquainted with many languages. I had waded through all the philosophies. Lately, I have mastered the art of humility, together with an enormous amount of prowess in the field of salesmanship, by engaging in small clerkships and certain of the so-called inferior trades. Also I have acquired enough technical experience of a social nature so that I manage to get along fairly well with the puppets. I was well on my way towards my goal of perfection. I was light-hearted, carving out a form of existence which might have proved an irresistible model to other young men, when. . . I met you. Now I have lost my freedom again. Once more I am plunged in misery, suffer with cold sweats, endure the sense of fear that masters a man no longer master of himself. In short I am experiencing anew all the awful agony of love. I tried escape. I sought to run away. Gunnar groaned. It was impossible. I felt drawn back involuntarily. I cannot get along without you and yet my reason tells me that I am miserable every instant I am with you. What am I to do?

I suppose, Campaspe replied, as if she were reflecting, that the flaw in your system—and every sys-


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 tem of philosophy must have at least a single flaw—is that you have overlooked the importance of preparing for the reactions of the sex impulse.

It must be stamped out, he cried.

That is exactly what you cannot do. You are finding out that no life is possible which excludes sex. I know. I, too, have suffered. During the weeks you have been away I have felt a good deal—not so much, perhaps, because it didn't frighten me so much—of what you must have been feeling. I, too, for a somewhat different reason, desire to be free, and it needed just this to set me free. I have seen you now, talked with you, kissed you, and I have escaped from my desire, because I have given it up of my own accord. Had you kept away from me I could never—well, certainly not for a long time—have liberated myself, because I would not have been exercising my own free will. Your absence would have been a compelling factor which would have acted unfavourably.

And I? he demanded bitterly. What about me?

Campaspe rose, stooped over Gunnar, and grasped his shoulders. Why, she queried, do you think I brought you here?

Why? he echoed, stupefied. Why?

Here I am. Here youare. There is the bed. I am strong enough now to give you what you want and still walk away free. I am willing to do so. . . . She was speaking with great gentle-


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 ness. . . . If you want to be free also you must reject me of your own accord, with your own will. Are you strong enough?

As she removed her hands from his shoulders, Gunnar bowed his head into his palms and wept.

Gunnar, Gunnar, I am so sorry, so very sorry. Campaspe tried to console him.

Can't you see how unfair you are? he inquired at last. You are only giving your strength to my weakness, which binds me to you ten times more tightly. I could only escape if you wanted me as much as I want you. Then I might use my will. Now, it is you who have rejected me. You are offering me a shell to play with, a shell which would enclose and bind me to you, while you are bound to nothing.

That, Campaspe averred sadly, I cannot help. I can give you no more than I can give you. I am compelled to tell you the truth: I am free.

Then, he said, rising, there remains but one thing for me to do.

She did not try to comfort him further. She knew the vanity of any such attempt. As she led him stumbling from the house, it appeared to her that the amber glow about his brow flickered uncertainly. Suddenly, without a word of farewell, he dashed away down the rain-swept street.

At a quarter before eight, Frederika was fastening the hooks on Campaspe's silver gown. Cam-


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 paspe, polishing her nails, glanced occasionally into a long mirror to note the effect of her costume.

Be sure, Frederika, she was saying, that there is enough ice in the Bacardi cocktails, and less grenadine than last time.

Yes, Mrs. Lorillard.

And I do hope cook hasn't forgotten to put garlic in the lamb.

No, madame.

If Campaspe harboured any other qualms about the dinner she forgot them. A line from Edith Dale's letter had slipped into her mind, the line descriptive of the horror in the chapel of the Penitentes: white-washed walls. . . splotched with blood-splashing. . . a little wagon with wooden wheels on which was seated a life-sized skeleton, laughing, bearing bow and arrow, the arrow poised, the bow drawn. . . . She heard the bell below ring faintly. Presently, the door was opened, and Lalla Draycott's hearty voice reverberated through the corridor.


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The situation regarding Wintergreen Waterbury, unchanged and unchanging, was beginning to try Paul's patience. Long since, he had lost all interest in everything pertaining to the affair save the sporting chance. It was disagreeable to his pride to be forced to admit that he had failed where all others had failed. The girl's placid virginity was baffling. Apparently, she made no slightest effort to protect her most cherished possession: she accepted all invitations with alacrity, lunched, dined, motored, and supped with Paul with a casual docility that, in another case, would have offered evidence of interest. When the atmosphere became unpleasantly warm she wept. On one occasion she had cried continuously for nearly an hour. After ten minutes or so of this startling exhibition he had felt impelled to time this test of endurance. Lately, she had been given to dropping mysterious hints. With any one else, or had there been anything in their relationship to provoke such a thought, he would have believed that she was enticing him to propose marriage to her. With Wintergreen, however, the idea was incredible, preposterous. Still there was something going on in what took the place of her mind; of that there could be no doubt.


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 Had there been anything to gain in the end beyond a certain sop to his vanity, Paul perhaps might have continued the pursuit of conquest for six months or even a year. As it was, he felt bored and it required some strength of mind on his part to continue the hunt for even a week longer. At last, he determined, with grim irony, to set a time limit to his sport. If, he decided, I can get no further in ten days, I shall send her back to her studios as chaste as she was when I met her.

The last day of this period fell on the fifteenth of May, and the fifteenth of May was at hand. For this final siege Paul had arranged a luncheon at an unfrequented roadhouse off the main thoroughfare, but in the general direction of Yonkers. On any occasion it was impossible to persuade this nymph of Diana to eat in a private room, but in this particular roadhouse it was fairly certain that the main dining-room would be unoccupied at midday.

He called for Wintergreen at a little after twelve and kicked his heels restlessly in Lottie's sitting-room. It is the custom of Chinese mandarins to keep distinguished visitors waiting for an hour to show them that they are doing them the honour of preparing for the call. Wintergreen was not consciously acquainted with this code of behaviour, but her temperament precluded the possibility of her ever meeting any engagement at the time appointed. When, at last, she joined him, Paul felt that he had never before seen her appear quite so beautiful.


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 Her straight, black hair was bound back on her head under a grape-blue cloche and her body was enclosed in a frock of cardinal crepe de chine. Her face was pale, her lips crimson, and a curious confusion of innocence and suspicion peeped out from under her long lashes.

Never amusing, except when she talked about her future career as a painter, on this afternoon Wintergreen proved to be particularly dull. Her first question, as always, was Where are we going? Once in the motor, she displayed her usual interest in the road, most of which she had traversed with Paul twenty times before. How often she had requested him to tell her the name of the beautiful drive along the river bank, and how often he had told her! She invented a new query for this oc casion, demanding information as to the exact point at which the Hudson met the North River. Once or twice, Paul attempted to clasp her hand in his palm. The first time this occurred she withdrew her hand shyly, even a little coyly, he was inclined to believe. He was led to make further effort in this direction.

I don't believe you think I'm nice, she protested.

Wintergreen—how he loved to utter that name; aside from her invulnerable chastity, it was the best excuse for his fancy for the girl—indeed, I do. I think you're very nice.

If you thought I was nice, you wouldn't do that, unless. ..


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 Unless what?

Nothing, she responded, turning her head away to gaze at a great castle that reared its towers on the rocks above the road.

How fast can this car go? was her next question.

I don't know, he replied carelessly. I suppose sixty or seventy miles an hour.

O! Are we driving that fast now?

We'd be arrested for speeding if we were.

How fast are we driving?

I suppose about twenty miles. Paul yawned. He made a mental vow never to undertake the seduction of another moron.

O, is that all? Tell him to drive sixty miles.

Do you want to spend the night in jail?

Why, Paul, how can you ask me such a thing? I don't believe you think I'm nice.

A suspicious tremor in her voice alarmed her escort.

Wintergreen, he explained hastily, there are laws against speeding. If we drove faster we might be arrested. That is all I meant.

Wintergreen was pacified, but not convinced. She appeared to be deliberating.

Who would arrest us? she demanded, after a pause.

Policemen are stationed along the road for that purpose.

She looked about her. I don't see any policemen, she announced, incredulous.


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 You never can tell where they will be.

I don't remember that we've passed any.

Sometimes they hide behind the walls.

It was evident, this time, that the girl thought he was lying to her. You don't think I'm nice or you wouldn't say that! she whimpered.

In desperation Paul appealed to the chauffeur.

Sam, have you seen any cops?

You can't spot 'em on this road, sir. They hide. But we ain't goin' fast enough to matter. Barely ten miles.

This corroboration had a brightening effect on Wintergreen. I really didn't believe, Paul, she averred, that you would treat me like a bad girl.

As Paul had foreseen, the inn was practically deserted. To be sure, the dining-room already held one occupant, but he was assuredly too drunk to be observant. His head and arms sprawled on the table before him. A high-ball glass had been overturned and the table was wet with its contents, which still dripped to the floor. Paul gave one glance at this dilapidated figure and then forgot about it.

A phonograph in one corner of the room, fortified with a repeater and an electric attachment, was negotiating without respite a curious, languid strain, sung by a Negress:


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What a silly song, Wintergreen commented. Of course, Michigan water isn't like cherry wine. It isn't, she asserted, with an air of authority—had not she herself been born in Michigan?—like any kind of wine at all. It's like water, just like water anywhere; just like, she went on, in an attempt to explain her meaning more fully, the water in the Hudson River, or the water we drink. And who ever heard of a Nigger wanting to go back to Michigan?

On this last day of the siege Paul made one final attempt to ply the girl with liquor, but she was more than usually well provided with refusals. He thought of another way to please her: he would flatter her by inviting her to order the luncheon. He had cause to regret this rash act. She began by asking for alligator pears stuffed with crabmeat and bathed in mayonnaise. A filet mignon, flanked by side dishes of lima beans, green peas, and French fried potatoes, was to follow. She chose chocolate ice-cream on apple-pie to conclude this repast. As she raised no objection to Paul's drinking, he ordered a cocktail.


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I just love food, Wintergreen confessed.

It's good for you, little girl, he advised her. You're growing, and you need it.

Suspicious that he was spoofing her, she gave him a sullen glance, and only the arrival of the alligator pear averted an unpleasant scene.

Not vitally interested in the pear, finding his cocktail a little acid, bored with the situation in general, reflecting that in the rôle of Casanova he appeared to be a failure, Paul's gaze wandered round the room. Across the waste of unoccupied tables he noted that the drunken fellow had not altered his position. Curious that the waiters had made no attempt to remove him. Paul's eyes strayed on until they caught the windows, and through one of these they beheld a petrifying vision. From the limbs of a crab-apple-tree in full bloom, a child, in gymnasium bloomers, hung by her calves, in such a position that she could see directly into


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 the room. What appeared to be still more astonishing was the fact that her eyes were focused on the limp figure in the corner. An inexplicable instinct informed Paul that he was acquainted with the rural trapezist, but it was difficult to identify the features of the reversed face. His more serious scrutiny was rewarded: he recognized Consuelo!

He glanced across the table at Wintergreen. She was engaged in devouring her alligator pear in a manner suggesting that she had not tasted food for days. Don't you want mine too? he urged. I'm not hungry.

Mouth full, she assented with an Um.

Will you excuse me for a moment while I telephone?

She gave permission with another Um.

Paul hastened from the room, down the stairs, out of the door into the yard. He crept stealthily around the side of the house. Before him now, the pink blossoms of the crab-apple-trees, set on a green embankment, hugged the blue of the sky. Consuelo had abandoned her striking posture and was sitting on the bough, while a prim, elderly woman below was imploring her to descend.

Consuelo, please, please, come down!

I won't. Not yet.

If you don't come down at once I shall be obliged to telephone your mother.

I don't care. She can't get here for another hour.


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 I'll fetch a ladder, the woman threatened.

Miss Graves, if you do that I'll climb to the topmost branch and leap to another tree.

Nimbly, like a monkey, to exhibit her prowess, she made her way from limb to limb. Pink petals in showers fluttered to the verdant sward. The governess wrung her hands and wept. What shall I do? she moaned. What shall I do? What a child!

At this moment Consuelo caught sight of Paul.

Why, Mr. Moody, she cried, what in the world are you doing here?

I might ask you the same question, he replied. Please come down and tell me.

Friend or enemy?

Friend.

I'll come down. Projecting her body towards the trunk of the tree she slid earthwards.

Now! Paul demanded.

Now! Consuelo echoed. Very well. I've no secrets. Gunnar returned to the gymnasium today—I always knew he would—and when he left, I followed him.

I couldn't persuade her not to, Miss Graves whined. The best I could do was to accompany her. I'll lose my position without a reference.

Paul was not listening to the governess's explanation. Followed Gunnar? he queried, mystified. Then, where is he?


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 In there! Consuelo announced, pointing towards the window.

In there! Why there's nobody in there!

Yes, he is, with his head on the table.

That can't be Gunnar. That fellow's drunk.

Gunnar is drunk, she affirmed positively. He was drunk when he came to the gymnasium. That's why I couldn't talk to him there! That's why I can't talk to him now!

Well, what do you propose to do?

It's enough to be near him, but I think I'll stay here until he is sober.

You might have to wait a week.

I know, and Miss Graves is so impatient. Can't you persuade her to be sensible?

Paul, on reflection, came to the conclusion that this task might prove difficult. I'll tell you what I'll do, he said. I'll go inside and talk to him.

That's a splendid suggestion, Consuelo agreed, and I'll go with you.

Paul remembered Wintergreen. No, Consuelo, he protested, that won't do. You say yourself that he's intoxicated. Did you bring a car?

Pointing to a taxi, parked in the automobile shed, Consuelo said. That's mine.

Jump in then, and wait until I see what can be done.

You promise to come back?

Of course, I'll come back.


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 After escorting the child and her governess to the car, Paul made his way back into the house and up the stairs to the dining-room. His first thought was of Wintergreen. He must appease her after his long absence. Sighting her table, a new miracle met his eye: Wintergreen with a cocktail before her and with Gunnar's right arm around her shoulders. They chose this precise moment to kiss.

I'll be damned! cried Paul.

The pair looked up. An expression of annoyance crossed the girl's countenance.

You leave us alone! she growled.

Ignoring her protestation, Paul cried, Gunnar, I'm delighted to find you again!

Who're you? O'Grady shot out thickly. O, Moody. Well, get out!

Paul, puzzled, persisted. Why, Gunnar, what's the matter?

You heard him, Wintergreen affirmed grimly.

Paul could not resist this opening. I thought, he commented, that you were a nice girl!

Dare call her anything else?

Turning to Gunnar, Wintergreen presented him first with her admiring glance, then with her lips.

Well, I'll be damned! Paul ejaculated once more. Was there, reasonably, any alternative comment?

Let's get out of this! Gunnar urged. Let's get a private room. Waiter, he called, we want a room upstairs where we won't be interrupted.


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 Certainly, Mr. O'Grady.

And bring up some wine! he called over his shoulder as, with Wintergreen on his arm, he staggered out of the restaurant.

Presently, Paul was rejoined by the waiter.

I'm sorry, Mr. Moody, he was apologizing. I hope you'll understand. I don't want to argue with him. He's dangerously strong when he's drunk.

Does he come here often? Paul demanded, dazed.

Every day for two weeks. Never saw him in my life before that. It's easy to tell he ain't used to drink. It hits him hard, makes him very ugly, sir. Sometimes he breaks things. There was a nasty row last week, sir. He almost killed a man.

Has he. . . has he ever been here with her?

Your girl, sir?

Paul's smile was sardonic. Yes, he replied, my. . . girl.

He never saw her before, sir. I'll swear to that. He just went over to your table and sat down. I was serving the filet mignon, sir. I was standing right by the table. He looked at her hard and she


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 caved right in. I tried to tell him it was your table, sir, but she yelled out it was none o' my business, and asked the fellow to sit down. He sat down all right. Then he kissed her. He's got a look in his eyes. ..

I know, said Paul. Does he bring girls here often?

Never, sir. He's always alone and he never picked one up here before. He's a strange case, and he's very strong when he's drunk.

They were interrupted by a furious hubbub in the hall.

You'll let us go upstairs, a man's voice was shouting. I've got a warrant.

I'll tell the cockeyed world we'll go upstairs, a woman shrieked.

What is it? Paul demanded. A raid?

It looks like they're after the girl, sir. Trying to get something on her. If it was federal agents they'd come in here first. You're in luck to be out of it, sir.

Paul grinned. The turn affairs had taken was food for amusement. Apparently, Wintergreen was at last losing her chastity without any trouble on his part, and, fortuitously, he was evading some kind of legal wrath. He lighted a cigarette.

Come on, he urged the waiter. I want to see the fun.

He led the way to the corridor. The search party had ascended the stairs and at present were audibly


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 demanding admittance to a closed room. Presently, Paul heard the door crack. The detectives were forcing it with their shoulders.

Backing against the wall Paul went on up until he could see the men at work. A young woman stood by screaming advice couched in coruscating slang. At last, with a shower of splinters and a wooden groan, the door gave way. Gunnar, partially undressed, the huge muscles bulging on his arms, loomed in the opening.

Another step, and by God, I'll kill you all! he threatened.

He can do it, too, the waiter suggested. Better leave him alone.

We got what we come for, one of the detectives announced. We got the evidence.

You've ruined her, Paul Moody, the woman shrieked, and you'll pay the penalty.

I'm not Paul Moody, Gunnar protested stubbornly.

You get to hell out of here, Lottie Coulter! Wintergreen, in her chemise, flaming with wrath, appeared behind her champion in the doorway. How dare you do this to me!

Don't high hat me, Winter. You told me to come yourself! You tipped me off.

I told you to find me and Paul. I said nothing whatever about this gentleman.

You mean. . . ? Lottie gasped, falteringly.

I mean you're a damn fool!


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 Paul, who in the confusion had escaped attention, slunk down the stairs. Lighting another cigarette, he strolled slowly out of the house.

Whew! he muttered. What an escape!

He rejoined Consuelo and Miss Graves.

You can't see him now, he informed the child. It's impossible. Suppose you let me take you home.

Then I'll lose him again, Consuelo sobbed. I can't bear to lose him again.

I'm afraid we've all lost him, Paul asserted gravely.

What do you mean? Has he killed himself?

Paul reflected. His thoughts rapidly flew back to the evening he had discovered Gunnar in the furnace-room. He recalled, as in a daze, the occasions on which they had met since. And, finally, a vision of what he had just seen in the inn passed before his eyes. It was all too much for his understanding. He mopped his perspiring face with his handkerchief.

I don't know, he replied.

New York

October 16, 1924


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4 one, or two, under it. Then the vowel above. Thus ప్ర is pra: and స్త్రీ strī, a women, also written that is

Sometimes a consonant is marked as “silent” as no vowel is attached to it. The silent mark is or  ్ added to the top of the letter instead of a vowel. Thus ప్వ్రదక్ pridhac (i. e. separately apart.) Here the mark written above K shewsshows [sic] that it is silent. Thus also ల is the Letter L but by adding this sign it becomes ల్ as in the word హల్ hal; meaning a consonant. So అచ్ ach (i. e. a vowel.) Thus త T becomes త్ as in the word అవశాత్ avasát unexpectedly. The letter స becomes స్ as in the word హవిస్ haviss i.e. oblation. Thus ప or pa becomes ప్ as అప్ ap i. e. water. All these are Sanscrit words.

The letter న N assumes the form న్ in the word యంటన్ intan in the house, లొపలన్ lopalan within. This mark is called నకారపొల్లు nacāra-pollu.

The letter ర R when followed by another consonant sometimes adds it beneath, as in the word అర్చ arca(a) or sometimes changes places with it and assumes this form ర్ thus అకర్ ar. So ధర్మం dharmamDm may also be written ధమర్‍ంhrm. So కర్త carta, a lord, may be written క‍తర్ r


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Page:CTRL0000034603 - Transcribed Interview of Mark Meadows, (November 12, 2021).pdf/3

3 Appearances:

For the SELECT COMMITTEE TO INVESTIGATE THE JANUARY 6TH ATTACK ON THE U.S. CAPITOL:

CHIEF COUNSEL

SENIOR INVESTIGATIVE COUNSEL

, DETAILEE, DEPARTMENT OF HOMELAND SECURITY

, CHIEF CLERK

, PARLIAMENTARIAN

STAFF ASSOCIATE

CHIEF ADMINISTRATIVE OFFICER

SENIOR INVESTIGATIVE COUNSEL

AND OF COUNSEL TO THE VICE CHAIR


text:
Page:CTRL0000034603 - Transcribed Interview of Mark Meadows, (November 12, 2021).pdf/4

4 Mr. Good morning. We are on the record.

Today is November 12th, 2021, the time is 10 a.m., and we are convened in the O'Neill House Office Building for the deposition of Mark Meadows to be conducted by the House Select Committee to Investigate the January 6th Attack on the United States Capitol.

My name is I am the designated select committee staff counsel for this proceeding. I'm accompanied by, deputy staff director and chief counsel to the select committee; select committee staff counsel  select committee staff counsel;  select committee parliamentarian.

And joining us virtually and  who are select committee staff, as well as chief clerk to the select committee,

For the record, it is now 10:01 a.m., and Mr. Meadows is not present. The person transcribing this proceeding is the House stenographer and notary public authorized to administer oaths.

On September 23rd, 2021, Chairman Bennie Thompson issued a subpoena to Mr. Meadows, both to produce documents by October 7th, 2021, and to testify at a deposition on October 15th of 2021 at 10 a.m.

The subpoena is in connection with the select committee's investigation into the facts, circumstances, and causes of the January 6th attack and issues relating to the peaceful transfer of power in order to identify and evaluate lessons learned and to recommend to the House and its relevant committees corrective laws, policies, procedures, rules, or regulations.

After Mr. Meadows retained counsel, who is George Terwilliger, III, the select


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5 committee agreed to postpone the subpoena deadlines to enable his counsel to understand the requests associated with the subpoena and work with Mr. Meadows.

Ultimately, by letter dated October 25th, 2021, the select committee set new deadlines to produce documents and appear for testimony. Mr. Meadows was required to produce documents by November 5th, 2021, and appear for testimony on November 12th, 2021.

By letters dated between October 25th and November 11th, the select committee engaged with counsel for Mr. Meadows. In the letters, the select committee addressed Mr. Meadows' claims of, among other things, absolute testimonial immunity and executive privilege.

In the letters, the select committee also instructed Mr. Meadows to assert his privilege claims in a privilege log for responsive documents and on a question-by-question basis at the deposition.

On November 10th, 2021, Mr. Meadows, through counsel, informed the select committee that he would not appear at today's deposition citing testimonial immunity and privileges. Specifically, counsel said that, quote, "Mr. Meadows cannot agree to appear at 10 a.m. Friday," end quote.

Following that letter, the White House Counsel's Office sent counsel for Mr. Meadows a letter dated November 11th, indicating that the White House would not assert claims of testimonial immunity or executive privilege to prevent Mr. Meadows' testimony before the select committee.

Specifically, the letter states that President Biden, quote, "will not assert executive privilege with respect to your client's deposition testimony on these subjects, or any documents your client may possess that bear on them. For the same reasons underlying his decision on executive privilege, President Biden has determined that he will not assert


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Page:CTRL0000034603 - Transcribed Interview of Mark Meadows, (November 12, 2021).pdf/6

6 immunity to preclude your client from testifying before the Select Committee," end quote.

The select committee then sent counsel for Mr. Meadows a final letter in light of the White House Counsel's Office's stated position. To date, the select committee has not received a response.

In the letters, the select committee informed Mr. Meadows, quote, "the Select Committee will view Mr. Meadows' failure to respond to the subpoena as willful non-compliance. Such willful non-compliance with the subpoena would force the Select Committee to consider invoking the contempt of Congress procedures in 2 U.S.C., sections 192 and section 194—which could result in a referral from the House to the Department of Justice for criminal charges—as well as the possibility of having a civil action to enforce the subpoena brought against Mr. Meadows in his personal capacity," end quote.

Mr. Meadows has not provided any documents or a privilege log, and Mr. Meadows has not appeared today to answer questions or assert privilege objections.

I will mark as exhibit 1 and enter into the record the select committee's subpoena to Mr. Meadows, included with which are the materials that accompanied the subpoena; namely, a letter from the chairman, a document schedule with accompanying production instructions, and a copy of the deposition rules.

I will mark as exhibit 2 and enter into the record a series of letters and emails exchanged between the select committee and counsel for Mr. Meadows. The records include email service of the subpoena by Ms., which Mr. Scott Gast accepted on Mr. Meadows' behalf on September 23rd, 2021.

The records in exhibit 2 also include the letters and emails between counsel for the select committee and Mr. George Terwilliger, which I described moments ago. And,


text: Firecrackers

title: Firecrackers


text: Firecrackers/Chapter 1

title: Firecrackers/Chapter 1


text: Firecrackers/Chapter 2

title: Firecrackers/Chapter 2


text: Firecrackers/Chapter 3

title: Firecrackers/Chapter 3


text: Firecrackers/Chapter 4

title: Firecrackers/Chapter 4


text: Firecrackers/Chapter 5

title: Firecrackers/Chapter 5


text: Firecrackers/Chapter 6

title: Firecrackers/Chapter 6


text: Firecrackers/Chapter 7

title: Firecrackers/Chapter 7


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Page:CTRL0000034603 - Transcribed Interview of Mark Meadows, (November 12, 2021).pdf/7

7 specifically, they are a letter from George Terwilliger to the select committee on October 7th; an email from George Terwilliger to the select committee on October 13th; letters provided by George Terwilliger to the select committee, one of which is a letter from him to the White House Counsel's Office dated October 11th, 2021, and the other is a letter to George Terwilliger dated October 6th from Mr. Justin Clark, as counsel to former President Trump; a letter from the select committee to George Terwilliger on October 25th; two letters from George Terwilliger ta the select committee an November 3rd; a letter from the select committee to George Terwilliger on November 5th; a letter from George Terwilliger to the select committee on November 8th; a letter from the select committee to George Terwilliger on November 9th; a letter from George Terwilliger to the select committee on November 10th; and a letter from the select committee to George Terwilliger on November 11th.

I will mark as exhibit 3 and enter into the record a letter dated November 11th, 2021, from the White House Counsel's Office to Mr. George Terwilliger as counsel for Mr. Meadows.

I will mark as exhibit 4 and enter into the record an email dated November 9th, 2021, and corresponding attachments from chief investigative counsel to the select committee, to George Terwilliger, with subject line, "Deposition Rules."

The attachments consist of, one, a document called "Document Production Definitions and Instructions"; two, "Deposition Rules," which is a copy of the House Congressional Record page H41 from January 4th, 2021; third, which is a copy of section 3(b) of House Resolution 8 dated January 4th, 2021.

And, with that, I will note for the record that it is 10:07 a.m., and Mr. Meadows still has not appeared or communicated to the select committee that he will appear today


text: Firecrackers/Chapter 8

title: Firecrackers/Chapter 8


text: Firecrackers/Chapter 9

title: Firecrackers/Chapter 9


text: Firecrackers/Chapter 10

title: Firecrackers/Chapter 10


text: Firecrackers/Chapter 11

title: Firecrackers/Chapter 11


text: Firecrackers/Chapter 12

title: Firecrackers/Chapter 12


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Page:CTRL0000034603 - Transcribed Interview of Mark Meadows, (November 12, 2021).pdf/8

8 as required by the subpoena.

Accordingly, the record is now closed as of 10:07 a.m.

[Whereupon, at 10:07 a.m., the deposition was concluded.]


text: Firecrackers/Chapter 13

title: Firecrackers/Chapter 13


text: Firecrackers/Chapter 14

title: Firecrackers/Chapter 14


text:
Page:A Grammar of the Telugu language.djvu/23

Rh thus పూర్వం pūrvam(m) formerly, may be written పూ‍వర్‍ంrm. Either way the pronunciation is the same. This mark is called గిలక gilaca (literally a rattle, from a fancied resemblance in shape) or more usually వలసలిగిలక or వలపలగెలక which means, the gilaca on the right hand.

The letters of the alphabet appear very numerous, but the reason is that a separate character is used for each letter instead of using the same letter with two or three different sounds.

The consonants also are multiplied and have such a variety of forms, because they use a separate shape for each variety of sound. T has one form, and Th another (as in Greek) so K has one form and kh another. And this likewise happens in the Greek alphabet.

The spelling is easy as the letters when correctly pronounced never deviate from the sound given in the alphabet.

When a letter is written under the line it is larger than if written on the line.

When written, like English, with a pen, the Telugu letters have (what writing masters call) body strokes and hair strokes. But in writing with an iron pen on a palm leaf (the case with most Telugu manuscripts) there is no such distinction. This certainly tries the eye-sight; but the first type founders have imitated this old mode and accordingly all the printed letters are formed of hair strokes. This certainly ought to be remedied, and then Telugu type will no more strain the eyes than English printing does.

It is not the custom to separate the words. Thus a paragraph


text: Firecrackers/Chapter 15

title: Firecrackers/Chapter 15


text: Firecrackers/Chapter 16

title: Firecrackers/Chapter 16


text:
Page:CTRL0000034604 - Transcribed Interview of Daniel J. Scavino, Jr., (December 1, 2021).pdf/1

1 SELECT COMMITTEE TO INVESITGATE THE

JANUARY 6TH ATTACK ON THE U.S. CAPITOL,

U.S. HOUSE OF REPRESENTATIVES,

WASHINGTON, D.C.

DEPOSITION OF: DANIEL J. SCAVINO, JR. (NO-SHOW)

The deposition in the above matter was held in Room 1540A, Longworth House Office Building, commencing at 9:59 a.m.


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Page:CTRL0000034604 - Transcribed Interview of Daniel J. Scavino, Jr., (December 1, 2021).pdf/2

2 Appearances:

For the SELECT COMMITTEE TO INVESTIGATE THE JANUARY 6TH ATTACK ON THE U.S. CAPITOL:

CHIEF COUNSEL

SENIOR COUNSEL

, PROFESSIONAL STAFF


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Page:CTRL0000034604 - Transcribed Interview of Daniel J. Scavino, Jr., (December 1, 2021).pdf/3

3 Ms. We are on the record.

Today is Wednesday, December 1st, 2021. The time is 10 a.m. We are convened in the Longworth House Office Building, Room 1540A, for the deposition of Daniel J. Scavino, Jr., to be conducted by the House Select Committee to Investigate the January 6th Attack on the United States Capitol.

The person transcribing this proceeding is the House stenographer and notary public authorized to administer oaths.

My name. I am a senior counsel and senior adviser to the select committee and the select committee's designated staff counsel for this proceeding. I'm accompanied by professional staff member, and  chief clerk.

For the record, it is now 10:01, and Mr. Scavino is not present.

On October 6th, 2021, Chairman Bennie Thompson issued a subpoena to Mr. Scavino both to produce documents by October 21st, 2021, and to testify at a deposition on October 28th, 2021, at 10 a.m.

The subpoena is in connection with the select committee's investigation into the facts, circumstances, and causes of the January 6th attack and issues related to the peaceful transition of power in order to identify and evaluate lessons learned and to recommend to the House and its relevant committees corrective laws, policies, procedures, rules, or regulations.

This inquiry includes examination of how various individuals, to include Mr. Scavino, and entities coordinated their activities leading up to the events of January 6th, 2021, and the messages, videos, and internet communications that were disseminated to the public concerning the election, the transition of administrations, and


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Page:CTRL0000034604 - Transcribed Interview of Daniel J. Scavino, Jr., (December 1, 2021).pdf/4

4 the constitutional and statutory processes that affect that transition.

After Mr. Scavino retained counsel, Mr. Stanley Woodward and Mr. Stan Brand, the select committee agreed several times to postpone the subpoena deadline to enable his counsel to overcome varied logistical challenges.

Ultimately, the select committee set new deadlines to produce documents and appear for testimony. Mr. Scavino was required to produce documents by November 29th, 2021, and appear for testimony an December 1st, 2021.

By letters dated between November 5th and November 26th, the select committee engaged with counsel for Mr. Scavino. In the letters, the select committee addressed Mr. Scavino's claims of, among other things, extensive and blanket assertions of privilege.

In the letter dated November 9th, the select committee also instructed Mr. Scavino to assert privilege claims in a privilege log based on the topics provided by the select committee no later than November 11th, 2021.

On November 18th, 2021, Mr. Scavino, through counsel, informed the select committee that he would not appear at the deposition then scheduled for November 19th. Specifically, counsel said that, quote, "Mr. Scavino cannot meaningfully appear for a deposition on Friday, November 19th, 2021," end quote.

Counsel also, for the first time, objected to the method of the select committee's service of Mr. Scavino's October 6th, 2021, subpoena despite having all relevant documentation, including the subpoena itself, in counsel's possession.

On November 23rd, 2021, Mr. Woodward, counsel for Mr. Scavino, agreed to accept service of a subpoena on Mr. Scavino's behalf, and the new subpoena was issued to Mr. Woodward that same day.

In a letter also dated November 23rd, 2021, the select committee addressed


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Page:CTRL0000034604 - Transcribed Interview of Daniel J. Scavino, Jr., (December 1, 2021).pdf/5

5 Mr. Scavino's other concerns and allowed a final continuance of the deposition date.

The select committee also reiterated the importance of a privilege log based on the topics provided by the select committee in the letter dated November 9th, 2021, and set a November 26th, 2021, deadline for this log.

The select committee further informed Mr. Scavino that, quote, "The select committee will view Mr. Scavino's failure to appear for the deposition and respond to the subpoena as willful noncompliance. His continued failure to produce documents pursuant to the subpoena also constitutes willful noncompliance.

"Mr. Scavino has a short time in which to cure his noncompliance. The continued willful noncompliance with a subpoena would force the select committee to consider invoking the contempt of Congress procedures in 2 USC, Sections 192 and 194, which could result in a referral from the House to the Department of Justice for criminal charges, as well as the possibility of having a civil action to enforce a subpoena brought against Mr. Scavino in his personal capacity," end quote.

Although the select committee continued to engage with counsel, Mr. Scavino, through counsel, informed the select committee that he would not appear today.

Specifically, Mr. Woodward informed counsel for the select committee on November 30th that, quote, "I believe our position remains fairly stated in our correspondence," end quote.

Mr. Woodward clarified to counsel for the select committee over the phone on November 30th, 2021, that this meant that Mr. Scavino would not be appearing on the record today, either to answer questions or to assert specific claims of privilege. Counsel for the select committee then confirmed this understanding over email correspondence.

To date, Mr. Scavino has not produced any documents or a privilege log, and


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Page:CTRL0000034604 - Transcribed Interview of Daniel J. Scavino, Jr., (December 1, 2021).pdf/6

6 Mr. Scavino has not appeared today to answer questions or assert privilege objections.

I will mark as exhibit 1 and enter into the record the October 6th select committee subpoena to Mr. Scavino included with materials that accompanied the subpoena, namely, a letter from the chairman, a document schedule with accompanying production instructions, and a copy of the deposition rules.

Ms. I will mark as exhibit 2 and enter into the record the receipt of service for the October 6th subpoena, which was personally served to Susan Wiles, chief of staff to the former President Trump, recorded on the proof of service as chief of staff for the 45th Office, on October 8th, 2021.

Ms. Ms. Wiles reportedly represented to the U.S. marshal who served her that she was authorized to accept service on Mr. Scavino's behalf.

I will mark as exhibit 3 and enter into the record the November 23rd select committee subpoena to Mr. Scavino included with materials that accompanied the subpoena, namely, a letter from the chairman, a document schedule with accompanying production instructions, and a copy of deposition rules.

Ms. I personally served the subpoena to Mr. Scavino's counsel, Stanley Woodward, over email pursuant to agreement with counsel.

I will mark as exhibit 4 and enter into the record a series of letters and emails exchanged between the select committee and counsel for Mr. Scavino.


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Page:CTRL0000034604 - Transcribed Interview of Daniel J. Scavino, Jr., (December 1, 2021).pdf/7

7

Ms. Specifically, they are an email exchange between Mr. Woodward, myself, and Mr. who is chief investigative counsel for the select committee, dated from October 20th until November 30th, 2021. This exchange includes emails of service of the November 23rd, 2021, subpoena far Mr. Scavino reflecting extended deadlines.

It also includes a letter from Mr. Woodward and Mr. Brand to the select committee on November 5th, 2021. Attached to that letter is a letter from Mr. Justin Clark, counsel to the former President, Donald J. Trump, to Mr. Scavine on October 6th, 2021.

There is also a letter from the select committee to Mr. Woodward and Mr. Brand dated November 9th, 2021; a letter from Mr. Woodward and Mr. Brand to the select committee dated on November 15th, 2021; a letter from Mr. Woodward and Mr. Brand to the select committee dated November 18th, 2021; a letter from the select committee to Mr. Woodward and Mr. Brand dated November 23rd, 2021; and finally, a letter from Mr. Brand and Mr. Woodward to the select committee dated November 26th, 2021.

I will note for the record that the time is now 10:08 a.m., and Mr. Scavino still has not appeared or communicated to the select committee that he will appear today as required by the subpoena.

Accordingly, as we await Mr. Scavino's compliance with the October 6th and November 23rd subpoenas, this section of the deposition stands in recess, subject to the call of the chair, at 10:09 a.m.

We are off the record.

[Whereupon, at 10:09 a.m., the deposition was recessed, subject to the call of the


text:
Page:CTRL0000034604 - Transcribed Interview of Daniel J. Scavino, Jr., (December 1, 2021).pdf/8

8 chair.]


text: Marx and Engels on Revolution in America/Chapter 4


text: Marx and Engels on Revolution in America/Chapter 5


text: Index:JT International SA v Commonwealth of Australia.pdf


text: Marx and Engels on Revolution in America/Chapter 6


text: Marx and Engels on Revolution in America/Chapter 7


text: Marx and Engels on Revolution in America/Chapter 8


text:
Page:The Works of John Locke - 1823 - vol 03.djvu/352

 ] A Letter from Mr. Locke to Mr. 2. Toignard, containing a new and easy Method of a Common-place-book, to which an Index of two Pages is sufficient.

length, sir, in obedience to you, I publish my "method of a common-place-book." I am ashamed that I deferred so long complying with your request; but I esteemed it so mean a You may thing, as not to deserve publishing, in an age so full of useful inventions as ours is. remember, that I freely communicated it to you and several others, to whom I imagined it would not be unacceptable: so that it was not to reserve the sole use of it to myself that I declined publishing it. But the regard I had to the public discouraged me from presenting it with such a trifle. Yet my obligations to you, and the friendship between us, compel me now to follow your advice. Your last letter has perfectly determined me to it, and I am convinced that I ought not to delay publishing it, when tell me, that an experience of several you years has showed its usefulness, and several of your friends, to whom you have communicated it. There is no need I should tell you how useful it has been to me, after five-and-twenty years' experience, as I told you eight years since, when I had the honour to wait on you at Paris, and when I might have been instructed by your learned and agreeable discourse. What I aim at now, by this letter, is to testify publicly the esteem and respect I have for you, and to convince you how much I am, sir, your, &c.

Before I enter on my subject, it is fit to acquaint the reader, that this Tract is disposed in the same manner that the Common-place-


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Will the family be maintained in the Communist State? Will it be just as it is to-day? That is a question which is tormenting the women of the working class, and which is likewise receiving attention from their comrades, the men. In, recent days this problem has particularly been agitating all minds among the working women, and this should not astonish us: Life is changing under our very eyes; former habits and customs are gradually disappearing; the entire existence of the proletarian family is being organised in a manner that is so new, so unaccustomed, so "bizarre," as to have been impossible to foresee. That which makes women at the present day all the more perplexed is the fact that divorce has been rendered easier in Soviet Russia. As a matter of fact, by virtue of the decree of the People’s Commissaires of December 18th, 1917, divorce has ceased to be a luxury accessible only to the rich; henceforth the working woman will not have to petition for months, or even for years, for a


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 separate credential entitling her to make herself independent of a brutish or drunken husband, accustomed to beat her. Henceforth, divorce may be amicably obtained within the period of a week or two at most. But it is just this ease of divorce which is a source of such hope to women who are unhappy in their married life, which simultaneously frightens other women, particularly those who have become accustomed to considering the husband as the "provider," as the, only support in life, and who do not. yet understand that woman must become accustomed to seek and to find this support elsewhere, no longer in the person of the man, but in the person of society, of the State.

There is no reason far concealing the truth from ourselves: the normal family of former days, in which the man was everything and the woman nothing—since she had no will of her own, no money of her own, no time of her own—this family is being modified day by day; it is almost a thing of the past. But we should not be frightened by this condition. Either through error or through ignorance we are quite ready to believe that everthing about us may remain immutable while everything is changing. It has always been so, and it will always be so. There is nothing more erroneous than this proverb! We have only to read how people lived in the past, and we shall learn immediately ‘that everything is subject to change and that there are no customs, nor political organisations, nor morals, which remain fixed and inviolable. And the family m the various epochs in the life of humanity has frequently changed in form; it was once quite different


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Page:The Works of John Locke - 1823 - vol 03.djvu/353

 3. book ought to be disposed. It will be understood by reading what follows, what is the meaning of the Latin titles on the top of the backside of each leaf, and at the bottom [a little below the top] of this page.

EBIONITÆ.] In eorum evangelio, quod secundum Hebræos dicebatur, historia quæ habetur Matth. xix. 16. et alia quædam, erat interpolata in hunc modum: "Dixit ad eum alter divitum, magister, quid bonum faciens vivam? Dixit ei Dominus, legem et prophetas, fac. Respondit ad eum, feci. Dixit ei: vade, vende omnia quæ possides et divide pauperibus, et veni, sequere me. Cœpit autem dives scalpere caput suum, et non placuit ei. Et dixit ad eum Dominus: quomodo dicis, legem feci et prophetas? cùm scriptum sit in lege, diliges proximum tuum sicut teipsum: et ecce multi fratres tui filii Abrahæ amicti sunt stercore, morientes præ fame, et domus tua plena est bonis multis, et non egreditur omnino aliquid ex eâ ad eos. Et conversus, dixit Simoni, discipulo suo, sedenti apud se: Simon, fili Johannæ, facilius est camelum intrare per foramen acûs, quam divitem in regnum cœlorum." Nimirum hæc ideo immutavit Ebion, quia Christum nec Dei filium, nec νομοθέτην, sed nudum interpretem legis per Mosem datæ agnoscebat.

In the Gospel of the Ebionites, which they called the Gospel according to the Hebrews, the story, that is in the xixth of St. Matth. and in the 16th and following verses, was changed after this manner: "One of the rich men said to him: Master, what shall I do that I may have life? Jesus said to him: Obey the law and the prophets. He answered, I have done so. Jesus said unto him, Go, sell what thou hast, divide it among the poor, and then come and follow me. Upon which the rich


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Page:Ferdinand Lassalle - Lassalle's Open Letter to the National Labor Association of Germany - tr. John Ehmann and Fred Bader (1879).djvu/28

 strengthened claim of legitimacy. True, up to this time, the custem in the factory was strictly according to the statutes, but was regarded as exceptional, impulsive. Bravely, but without clear reasons, arguments founded mainly on the feelings, the sensibilities, this motion was battled for by the old founders and Trustees of the association. True to the instincts of the possessor, a majority of five-eights of the workmen stockholders voted to change the statutes—acting precisely as would the Bourgeoisie in a similar enterprise. The defeat was only for the present, however, as a majority of three-fourths of the votes was necessary.

"But nobody," further reports Prof, "Huber, flatters himself that the thing has been settled. On the contrary, violent, internal struggles are in the future of such associations; doubtless, occasion will lead to discussion of the motion next year; the opposition being resolved to make its influence felt in the election for officers, where a majority vote decides, and where the domineering tendencies of the Trustees are likely to capture the opposition."

Prof. Huber further reports of this: "A majority of the manufacturing productive associations have, from the beginning, conformed to the universal custom, and undoubtedly without regard to the doctrine involved; a very few, indeed, have adopted the co-operative principle i in favor of labor." And Prof. Huber must confess, however against his will, and with a heavy heart—for he is a disciple of the idea that association should come only through the individual efforts of workmen: that it is a question which will, doubtless, soon come to be discussed and decided in all other associations for production,where the opposition of capital and labor exists, and where is felt the competition eternally reproduced in the industrial microcosm, (the organized world,) and as represented by the workingmen's associations on a small scale.

You see, gentlemen, that when you reflect upon these facts, you find great questions are, at all times, solved in a great manner; never by inferior agencies. So long as the general wages are governed by the above law, so long the small associations of workingmen will be unable to resist its influence, Where is the gain to the workingman in working for either fellow workmen or Bourgeoisie? There is none. In what can he possibly benefit by changing his employer? Nothing. You have merely changed the claimants to the re-


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Page:Ferdinand Lassalle - Lassalle's Open Letter to the National Labor Association of Germany - tr. John Ehmann and Fred Bader (1879).djvu/29

 sults of your labor. You are in no wise freed. Where is the gain to be seen? There is no gain—unless gain is to be seen in the added depravity which changes the workingman in the associated form into the worst form of master. The person engaged in the enterprise alone has changed, the system has undergone no alteration; labor, the source of all wealth, being confined to the old status of wages: barely sufficient to keep a man alive. It is easy, under certain conditions, for the understanding to become confused; as witness the creed under the influence of this law, making workingmen, on becoming stockholders, not employed in the factory, unwilling to recognize the fact that they are enjoying the advantages of the labor of others: opposed, even, to allowing them a share apart from the gain of their own labor, even to grudging them that upon which labor has a just claim.

Workingmen with means of labor and having a greed of enterprise! this is the disgusting caricature into which the stockholding laborer has been changed.

Finally, for a last, decided proof in this discussion:

You saw that in this factory of the pioneers, 500 workingmen were busied, and that 1,600 stockholders had an interest in it, This much will also be apparent to you, that unless we can succeed in mocking ourselves with the delusion of all laborers being rich, that the number of workingmen employed in a factory never will succeed, out of their own profits, to furnish the principal stock or capital necessary for a factory. They will find it impossible to resist the conclusion, that the admission of a greater number of stockholders, not employed in the factory, would be imperatively called for.

The proportion in this relation in the factory of the pioneers—1,600 stock holding workmen out of the factory, against 500 workingmen engaged in the factory—as three to one, is most favorable, and indeed rarely so: quite as small as could possibly be found to be; and is explained partly by the exceptionally comfortable condition of the organization, and partly through the fact that their peculiar branch of industry does not belong to those demanding a large amount of capital and also, because the factory does not belong to a mammoth, productive institution, in which case it would be very different, Finally, there is to be added, that, through the developement of industry itself, and the progress of civilization, this proportion must continue to increase every day. It must


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Page:Ferdinand Lassalle - Lassalle's Open Letter to the National Labor Association of Germany - tr. John Ehmann and Fred Bader (1879).djvu/30

 be evident to every one, that the progress of industry consists in the application of more force and more machinery put in the place of human labor, and that through this is the amount of capital stock made to increase over human labor. When, then, in this factory of the pioneers, 1,600 workingmen-stockholders were needed to contribute the necessary amount of capital to employ 500 workers, making a proportion of one to three, then by the workingmen in other branches, and in’ the larger institutions of production, together with the daily progress of civilization, the proportion would vary—as 1 to 4, 1 to 5, to 6, to 8, to 10, to 20, and so on. But let us remain at the proportion of 1 to 3. To found a factory in which 500 workmen find employment, there are needed 1,600 stockholders to furnish the necessary capital.

This is well enough, so long as I wish to found only a few factories. Gentlemen, in the imaginative process there is no trouble. I can tripple and quadruple the number and still go on while I have working men stockholders to help me. But when I extend these associations till the whole body of workingmen of the nation are embraced, where shall I find three, four, five, ten, twenty times the number of workingmen stockholders who are to stand behind the laborers employed in the factories and furnish the capital?

It will be easy to perceive that it becomes a mathematical impossibility to free the working class through the efforts of its members; and that all argumentt used to prove the contrary are mere illusions—phantasms of the brain. It will be equally apparent that the only road to successful abolishment of the law which governs wages, and which regulates as with a rod of iron, is the progress and development of free individual labor associations through the helping hand of the State.

The labor movement, founded upon the purely atomic isolated strength of working individuals has had its value, and an immense one it is, to unmistakably show the way how the emancipation may take place: practical proofs removing all doubts, real or assumed, of the practicability of the Idea; so compelling the State to see its duty in upholding by its assistance, the higher interests of the nation through the culture of its members.

At the same time I have proven to you that the State is really the great organization and association of the working-


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Page:The Works of John Locke - 1823 - vol 03.djvu/354

 ] I take a paper book 4. of what size I please. I divide the two first pages that face one another by parallel lines into five and twenty equal parts, every fifth line black, the other red. I then cut them perpendicularly by other lines that I draw from the top to the bottom of the page, as you may see in the table prefixed. I put about the middle of each five spaces one of the twenty letters I design to make use of, and, a little forward in each space, the five vowels, one below another, in their natural order. This is the index to the whole volume, how big soever it may be.

The index being made after this manner, I leave a margin in all the other pages of the book, of about the largeness of an inch, in a volume in folio, or a little larger; and, in a less volume, smaller in proportion.

If I would put any thing in my Common-Place-Book, I find out a head to which I may refer it. Each head ought to be some important and essential word to the matter in hand, and in that word regard is to be had to the first letter, and the vowel that follows it; for upon these two letters depends all the use of the index.

I omit three letters of the alphabet as of no use to me, viz. KY W, which are supplied by CIU, that are equivalent to them. I put the letter Q, that is always followed with an u, in the fifth space of Z. By throwing Q last in my index, I preserve the regularity of my index, and diminish not in the least its extent; for it seldom happens that there is any head begins with Z u. I have found none in the five-and-twenty years I have used this method. If nevertheless it be necessary, nothing hinders but that one may make a reference after Qu, provided it be done with any kind of distinction; but for more exactness a place may be assigned


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Author talk:Kyrsten Lea Sinema

Requested move
@Billinghurst, please move this page back to the standard name Author:Kyrsten Sinema. It is currently out-of-sync with all other WMF articles, and that is because the alleged middle name is not adequately supported by any reliable source or biography, per the various BLP policies of these projects. Thank you. Elizium23 (talk) 03:05, 25 September 2023 (UTC)

title: Author talk:Kyrsten Lea Sinema


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Page:The Works of John Locke - 1823 - vol 03.djvu/355

 5. for Q u below the index, as I have formerly done. When I meet with any thing, that I think fit to put into my common-place-book, I first find a proper head. Suppose, for example, that the head be, I look unto the index for the first letter and the following vowel, which in this instance are E i, if in the space marked E i there is any number that directs me to the page designed for words that begin with an E, and whose first vowel, after the initial letter, is I; I must then write under the word Epistola, in that page, what I have to remark. I write the head in large letters, and begin a little way out into the margin, and I continue on the line, in writing what I have to say. I observe constantly this rule, that only the head appears in the margin, and that it be continued on, without ever doubling the line in the margin, by which means the heads will be obvious at first sight.

If I find no number in the index, in the space E i, I look into my book for the first backside of a leaf that is not written in, which, in a book where there is yet nothing but the index, must be p. 2. I write then, in my index after E i, the number 2, and the head Epistola at the top of the margin of the second page, and all that I put under that head, in the same page, as you see I have done in the second page of this method. From that time the class E i is wholly in possession of the second and third pages.

They are to be employed only on words that begin with an E, and whose nearest vowel is an I, as Ebionita (see the third page) Episcopus, Echinus, Edictum, Efficacia, &c. The reason why I begin always at the top of the backside of a leaf, and assign to one class two pages, that face one another, rather than an entire leaf, is, because the heads of the class appear all at once, without the trouble of turning over a leaf.

Every time that I would write a new head, I VOL. III.


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Page:The Works of John Locke - 1823 - vol 03.djvu/356

 ] look first in my index V. for the characteristic letters of the words, 6. and I see, by the number that follows, what the page is that is assigned to the class of that head. If there is no number, I must look for the first backside of a page that is blank. I then set down the number in the index, and design that page, with that of the right side of the following leaf, to this new class. Let it be, for example, the word Adversaria; if I see no number in the space A e, I seek for the first backside of a leaf, which being at p. 4, I set down in the space A e the number 4, and in the fourth page the head, with all that I write under it, as I have already informed you. From this time the fourth page with the fifth that follows is reserved for the class A e, that is to say, for the heads that begin with an A, and whose next vowel is an E; as for instance, Aer, Aera, Agesilaus, Acheron, &c.

When the two pages designed for one class are full, I look forwards for the next backside of a leaf, that is blank. If it be that which immediately follows, I write at the bottom of the margin, in the page that I have filled, the letter V, that is to say, Verte, turn over; as likewise the same at the top of the next page. If the pages, that immediately follow, are already filled by other classes, I write, at the bottom of the page last filled, V. and the number of the next empty backside of a page. At the beginning of that page I write down the head, under which I go on, with what I had to put in my common-place-book, as if it had been in the same page. At the top of this new backside of a leaf, I set down the number of the page I filled last. By these numbers which refer to one another, the first whereof is at the bottom of one page, and the second is at the beginning of another, one joins matter that is separated,


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Page:William Muir, Thomas Hunter Weir - The Caliphate; Its Rise, Decline, and Fall (1915).djvu/202

was not long before any lingering doubts of ʿOmar were put an end to, He was compelled at last by the warlike attitude of the Persian court to bid his armies take the field with the avowed object of dealing the Empire a final blow.

Though forced to fly, Yezdejird may have buoyed himself up with the hope that the Arabs, content with the fertile plain of Mesopotamia, would leave his possessions undisturbed beyond the mountain range. But the capture of Sūs, the ancient capital of Media, and the advance on Ispahān put an end to any such imagination. Arabian hordes still pressed upon the border; and their irruption into farther Persia was inevitable. The King, having resolved once more to stem the hostile tide, ordered the Governors of provinces to gather their forces together for a vigorous attack. Many of these enjoyed a virtually independent rule; but now their interests were knit together by a common danger. From the shores of the Caspian to the Indian Ocean, from the Oxus to the Persian Gulf, they rallied in vast numbers around the Royal standard on the plain below the snow-capped peak of Demavend, on the south of the Caspian Sea.

Tidings of the rising storm as they reached Saʿd were passed on directly to the Caliph. Each courier brought a fresh alarm. A host of 150,000 was assembled under a general named Fīruzān; now encamped at Hamadān, now marching on Ḥolwān, they would soon be close to Al-Kūfa, at their very doors. The crisis, no doubt, was serious. Any reverse on the mountain border would loosen hold upon the 173


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 174 plains below; and Chaldæa, even Al-Kūfa and Al-Baṣra, might be wrested from them. As on previous occasions of imminent danger, ʿOmar declared his resolve to march in person. Encamped midway between these two Cities, his presence would restore confidence; and while able from thence to direct the movements in front, his reserve would be a defence to them in the rear. But the old arguments again prevailed, and ʿOmar was persuaded to remain behind. An-Noʿmān was summoned from the campaign in Khūzistān to take the chief command. Leaving strong garrisons behind, troops were pushed forward in two columns from Al-Baṣra and Al-Kūfa. The army at Sūs, besides furnishing a contingent for the main advance, renewed its attack upon Iṣṭakhr (Persepolis), and so prevented the forces in that quarter from joining the royal standard.

Arrived at Ḥolwān, An-Noʿmān sent forward spies, who reported the enemy pitched in great force on the plain bounded by the lofty peaks of Elvand, or Arvand, to the south-west of Hamadān, but the road thus far clear. So they marched forward, and were soon face to face with the Persians on the memorable field of Nihāvend. The Muslims were 30,000 strong, one-fifth only of the enemy; weak in numbers, but strong in faith, and nerved by the presence of veterans and heroes of former fields. After two days' skirmishing, the Persians retired behind their line of fortification, from whence they were able at pleasure to issue and molest their adversaries. The Muslims at last, wearied by delay, resolved by artifice to draw them out. At Ṭoleiḥa's instance. they fell back, and on the. Persians following, wheeled round and cut them off from their return. A fierce engagement followed, and in it An-Noʿmān was slain. But the Arabs achieved at last their wonted success. Of the enemy 30,000 were left on the field; the rest fled to an adjoining hill, and there 80,000 more were slain. Of the great army but shreds effected their escape. The fate of Fīruzān gave rise to a pious proverb. He fled towards Hamadān, but finding the mountain pass choked by a caravan of honey, and losing his way, was overtaken thus and slain. Hence the saying—"Part of the Lord’s host is the honey-bee." Hamadān fell into the hands of the victorious army; and the royal treasure and jewels, deposited for safety


text: User:SnowyCinema/P/Nigger Heaven

title: User:SnowyCinema/P/Nigger Heaven


text:
Author:Samuel William Bonney

Works

 * Phrases in the Canton Colloquial Dialect, Arranged According to the Number of Chinese Characters in a Phrase, with an English Translation (1853)
 * A Vocabulary with Colloquial Phrases of the Canton Dialect (1854)
 * Canton to Hankow Overland (1861)
 * The Seaman’s Compass and Chart: For Daily Use, Afloat or Ashore (1862)

title: Author:Samuel William Bonney


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642–3] in the great fire-temple there, were delivered up. The chiefs and people of all western Persia submitted and became tributary. The booty was immense; and amongst it two caskets of rare gems, which ʿOmar at first placed in the treasury at Medīna. Next morning, the courier was recalled, ʿOmar having seen a vision of angels who warned him of punishment hereafter if he kept the jewels. "Take them hence," he said; "sell them, and let the price be divided amongst the army." They fetched 4,000,000 dirhems.

ʿOmar had now embarked on an enterprise from which there was no returning. The proud Yezdejird refused to yield, and the Caliph no longer scrupled pursuing him to the bitter end. The warlike races south of the Caspian again gathered under Isfandiyār, brother of the ill-fated Rustem, for the defence of Ar-Reiy. The Muslims advanced to meet them; and another great victory placed the City at their mercy. Isfandiyār retired to Azerbījān; again defeated, he was taken prisoner; then, despairing of success, he changed sides, and made common cause with the invading army. From Ar-Reiy, Yezdejird fled to Ispahān; finding no shelter there, he hurried to Kirmān, and thence retired to Balkh. At. last he took refuge in Merv, whence he sought aid from the Turks, and even from the Emperor of China. The former espoused his cause; and for several years the contest was waged with varying success in the vicinity of Merv. But in the end the Turkish hordes retired, and with them Yezdejird, across the Oxus. The conflict was subsequently renewed, but Yezdejird never recovered his authority; bereft of his treasures and deserted by his followers, who in vain besought him to tender submission, he survived till the reign of ʿOthmān, when, as we shall see, he met with an ignoble death.

On the fall of Ar-Reiy, the Arabs turned their arms against the various Persian provinces. Some of these, though subordinate in name, had been, in point of fact, their own masters; and now, even when the heart had ceased to beat, maintained a dangerous vitality. Six columns, drawn from Al-Kūfa and Al-Baṣra, and continually replenished by new Arabian levies thirsting for rapine and renown, invaded as many different regions, each falling under the government


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Page:JT International SA v Commonwealth of Australia.pdf/1

Matter No S409/2011

JT INTERNATIONAL SA

AND

COMMONWEALTH OF AUSTRALIA

Matter No S389/2011

BRITISH AMERICAN TOBACCO AUSTRALASIA LIMITED & ORS

AND

THE COMMONWEALTH OF AUSTRALIA

Matter No S409/2011

''1. The demurrer by the plaintiff to the defence of the defendant be overruled.

2. Judgment be entered in the action for the defendant

3. The plaintiff pay the defendant's costs in this action, including the demurrer.''


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Page:JT International SA v Commonwealth of Australia.pdf/7

 A C Archibald QC with C P Young intervening on behalf of Philip Morris Limited in S389/2011 (instructed by Allens Arthur Robinson)

B W Walker SC with C L Lenehan intervening on behalf of Van Nelle Tabak Nederland BV and Imperial Tobacco Australia Limited in S389/2011 (instructed by King & Wood Mallesons)

 * Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.


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Page:JT International SA v Commonwealth of Australia.pdf/3

 Matter No S389/2011

The questions reserved on 28 February 2012 for determination by the Full Court under s 18 of the Judiciary Act 1903 (Cth) be answered as follows:

Question 1

Apart from s 15 of the Tobacco Plain Packaging Act 2011 (Cth), would all or some of the provisions of the Tobacco Plain Packaging Act 2011 (Cth) result in an acquisition of any, and if so what, property of the plaintiffs or any of them otherwise than on just terms, of a kind to which s 51(xxxi) of the Constitution applies?

Answer

No.

Question 2

Does the resolution of Question 1 require the judicial determination of any and if so what disputed facts following a trial?

Answer

No.

Question 3

If the answer to Question 1 is "yes" are all or some, and if so which, provisions of the Tobacco Plain Packaging Act 2011 (Cth) in whole or in part beyond the legislative competence of the Parliament by reason of s 51(xxxi) of the Constitution?

Answer

Does not arise.

Question 4

Are all or some, and if so which, provisions of the Tobacco Plain Packaging Act 2011 (Cth) in whole or in part beyond the legislative competence of the Parliament by reason of the matters raised in pars 10–12 of the statement of claim?


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Page:JT International SA v Commonwealth of Australia.pdf/5

 Answer

No.

Question 5

What order should be made in relation to costs of the questions reserved?

Answer

The plaintiffs pay the defendant's costs.

Representation

G Griffith QC with G A Hill and C O H Parkinson for the plaintiff in S409/2011 (instructed by Johnson Winter & Slattery)

A J Myers QC with M F Wheelahan SC, N J Owens and M J O'Meara for the plaintiffs in S389/2011 (instructed by Corrs Chambers Westgarth Lawyers)

S J Gageler SC, Solicitor-General of the Commonwealth with R Merkel QC, S B Lloyd SC, J K Kirk SC, A M Mitchelmore and J S Cooke for the defendant in both matters (instructed by Australian Government Solicitor)

Interveners

W Sofronoff QC, Solicitor-General of the State of Queensland with G J D del Villar intervening on behalf of the Attorney-General of the State of Queensland in both matters (instructed by Crown Law (Qld))

M P Grant QC, Solicitor-General for the Northern Territory with R H Bruxner intervening on behalf of the Attorney-General for the Northern Territory in both matters (instructed by Solicitor-General for the Northern Territory)

P J F Garrisson, Solicitor-General for the Australian Capital Territory with M A Perry QC intervening on behalf of the Attorney-General for the Australian Capital Territory in both matters (instructed by ACT Government Solicitor)


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Page:JT International SA v Commonwealth of Australia.pdf/9

 CATCHWORDS

JT International SA v Commonwealth of Australia

British American Tobacco Australasia Limited v The Commonwealth

Constitutional law (Cth) – Legislative power – Section 51(xxxi) – Acquisition of property on just terms – Plaintiffs hold registered and unregistered trade marks and other intellectual property rights in relation to tobacco product packaging – Tobacco Plain Packaging Act 2011 (Cth) regulates appearance of tobacco product packaging and use of trade marks on such packaging – Whether plaintiffs' intellectual property rights, goodwill and rights to determine appearance of tobacco products constitute "property" for purposes of s 51(xxxi) – Whether Act effects an acquisition of plaintiffs' property otherwise than on just terms.

Words and phrases – "acquisition of property", "intellectual property", "just terms", "trade marks".

Constitution, s 51(xxxi). Tobacco Plain Packaging Act 2011 (Cth), ss 15, 18-27, 30-48. Competition and Consumer (Tobacco) Information Standard 2011 (Cth), ss 1.5, 3.1, 4.1, 9.13, 9.19-19.20. Tobacco Plain Packaging Regulations 2011 (Cth), Divs 2.1-2.4, 3.1.


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Page:JT International SA v Commonwealth of Australia.pdf/11

 FRENCH CJ.

The Tobacco Plain Packaging Act 2011 (Cth) ("the TPP Act") imposes significant restrictions upon the colour, shape and finish of retail packaging for tobacco products. It prohibits the use of trade marks on such packaging, other than as permitted by the TPP Act, which allows the use of a brand, business or company name for the relevant tobacco product. Pre-existing regulatory requirements for health messages and graphic warnings remain in place and include, under a recent Information Standard, a requirement for the inclusion of the Quitline logo of the Victorian Anti-Cancer Council and a telephone number for the Quitline service.

In two proceedings which were heard by this Court in April this year, the plaintiffs, tobacco companies JT International SA ("JTI") and members of the British America Tobacco Group ("BAT") argued that, subject to a reading down provision, the TPP Act effected an acquisition of their intellectual property rights and goodwill on other than just terms, contrary to s 51(xxxi) of the Constitution.

On 15 August 2012 the Court made orders reflecting the rejection of the plaintiffs' contentions, by majority, on the basis that there had been no acquisition of the plaintiffs' property within the meaning of s 51(xxxi) of the Constitution. I publish my reasons for joining in those orders.

The TPP Act regulates the retail packaging and appearance of tobacco products. The Act is superimposed upon pre-existing regulatory requirements for health warnings and safety and information standards applied to tobacco products and their packaging. Its stated objectives include the improvement of public health by discouraging people from taking up smoking, encouraging people to give up smoking, discouraging people from relapsing if they have given it up, and reducing people's exposure to smoke from tobacco products.


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French CJ Substantive requirements for the physical features, colours and finish of retail packaging are imposed by ss 18 and 19 of the TPP Act and by the Tobacco Plain Packaging Regulations 2011 (Cth) ("the TPP Regulations") made under that Act. Embellishments on cigarette packs and cartons are proscribed. Packs and cartons are to be rectangular, have only a matt finish , and bear on their surfaces the colour prescribed by the TPP Regulations. Absent regulation, the colour of the package must be a drab dark brown. The use of trade marks on retail packaging of tobacco products is prohibited other than as permitted by s 20(3) which provides:

"The following may appear on the retail packaging of tobacco products:

1. the brand, business or company name for the tobacco products, and any variant name for the tobacco products;

2. the relevant legislative requirements;

3. any other trade mark or mark permitted by the regulations."

Section 26 imposes a similar conditional prohibition on the use of trade marks on tobacco products. The term "relevant legislative requirement" in s 20(3)(b) includes a health warning required by the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 (Cth) ("the TPCPI Regulations") or a safety or information standard made or declared under the Competition and Consumer Act 2010 (Cth) ("the CCA").

Brand, business, company and variant names for tobacco products which appear on retail packaging must comply with the TPP Regulations. They must


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French CJ

not obscure any "relevant legislative requirement" or appear other than once on any of the front, top and bottom outer surfaces of the pack.

The relevant prescriptive provisions of the TPP Act, ss 18 to 27, are declared by s 27A to have "no legal effect other than to specify requirements, and provide for regulations specifying requirements, for the purposes of the definition of tobacco product requirement". The term "tobacco product requirement" is a defined term which relevantly means a requirement specified in Pt 2 of Ch 2 or in the TPP Regulations made under that Part.

The registrability of trade marks and designs whose use is subject to constraints imposed by the TPP Act and the TPP Regulations is not to be prejudiced by those constraints. Neither the TPP Act nor the TPP Regulations deprive a trade mark of registrability for non-use, or because the use of the trade mark in relation to tobacco products would be contrary to law. Neither the TPP Act nor the circumstance that a person cannot use a trade mark in relation to the retail packaging of tobacco products or on tobacco products is a circumstance making it reasonable or appropriate to refuse or revoke registration of the trade mark, to revoke acceptance of an application for registration, or to register the trade mark subject to conditions or limitations. There is a somewhat less elaborate protection for registered designs under the Designs Act 2003 (Cth).

It is an object of the TPP Act to give effect to obligations that Australia has as a party to the Convention on Tobacco Control. The Act thereby relies upon the power of the Commonwealth Parliament to make laws with respect to external affairs. Part 3 of Ch 1 of the TPP Act entitled "Constitutional provisions" provides for the Act's additional operation in reliance upon the corporations power, the trade and commerce power, and the Territories' power. Section 15(1) provides for the non-application of the TPP Act to the extent (if any) that its operation would result in an acquisition of property from a person


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French CJ

otherwise than on just terms. Section 15(2) provides that if, apart from s 15, the TPP Act would result in such an acquisition of property because it would prevent the use of a trade mark or other sign on or in relation to retail packaging of tobacco products, the trade mark or sign may be so used. The validity of that subsection was challenged by BAT. It is sufficient to say that I agree with Gummow J that the challenge fails, s 15(2) being a valid severability provision akin to s 15A of the Acts Interpretation Act 1901 (Cth).

Chapter 3 of the TPP Act creates offences and provides for civil penalties. A summary of its terms appears in the judgment of Gummow J.

The TPP Regulations specify physical features of retail packaging of tobacco products, including their dimensions , their colour and finish , and the permitted use of trade marks or marks. The only permitted marks are origin marks, calibration marks, a measurement mark and trade description, a bar code, a fire risk statement, a locally made product statement and a name and address. Division 2.4 provides for the appearance of names on retail packaging of cigarettes, and Div 2.5 for marks and tear strips on wrappers. Part 3 relates to the requirements for the appearance of tobacco products.

The Tobacco Plain Packaging Amendment Regulation 2012 (No 1) (Cth) ("Amendment Regulations") provides that retail packaging of tobacco products may include an adhesive label bearing a health warning that complies with either


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Page:JT International SA v Commonwealth of Australia.pdf/15

French CJ

the TPCPI Regulations or the Competition and Consumer (Tobacco) Information Standard 2011 ("the Tobacco Information Standard").

The Tobacco Information Standard was made pursuant to the CCA. It came into partial effect on 1 January 2012 and will apply to all tobacco products on and after 1 December 2012. Apart from the health warnings which it mandates, it will require the "Quitline" logo which consists of the registered trade mark, in respect of health education services, of the Anti-Cancer Council of Victoria comprising the word "Quitline" and the Quitline telephone number to overlay most graphics.

The placement of health warnings on cigarette packets is mandated by the TPCPI Regulations. Those Regulations were made under the Trade Practices Act 1974 (Cth), which has been replaced by the CCA. They predated the enactment of the TPP Act. Indeed such warnings have been required since the 1970s.

The TPCPI Regulations provide for "a system of warnings, explanatory messages and graphic images to increase consumer knowledge of health effects relating to smoking, to encourage the cessation of smoking and to discourage uptake or relapse." A package in which tobacco is sold at retail ("a retail package") and which is manufactured in Australia, or imported into Australia 32, must be labelled in accordance with Pt 3 or Pt 4 of the TPCPI Regulations.


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Page:Ante-Nicene Christian Library Vol 9.djvu/93

Rh of life is an incorporeal thing. And certainly they cannot maintain that the very breath of life is mortal. Therefore David says, "My soul also shall live to Him," just as if its substance were immortal. Neither, on the other hand, can they say that the spirit is the mortal body. What therefore is there left to which we may apply the term "mortal body," unless it be the thing that was moulded, that is, the flesh, of which it is also said that God will vivify it? For this it is which dies and is decomposed, but not the soul or the spirit. For to die is to lose vital power, and to become henceforth breathless, inanimate, and devoid of motion, and to melt away into those [component parts] from which also it derived the commencement of [its] substance. But this event happens neither to the soul, for it is the breath of life; nor to the spirit, for the spirit is simple and not composite, so that it cannot be decomposed, and is itself the life of those who receive it. We must therefore conclude that it is in reference to the flesh that death is mentioned; which [flesh], after the soul's departure, becomes breathless and inanimate, and is decomposed gradually into the earth from which it was taken. This, then, is what is mortal. And it is this of which he also says, "He shall also quicken your mortal bodies." And therefore in reference to it he says, in the first [Epistle] to the Corinthians: "So also is the resurrection of the dead: it is sown in corruption, it rises in incorruption." For he declares, "That which thou sowest cannot be quickened, unless first it die."

2. But what is that which, like a grain of wheat, is sown in the earth and decays, unless it be the bodies which are laid in the earth, into which seeds are also cast? And for this reason he said, "It is sown in dishonour, it rises in glory." For what is more ignoble than dead flesh? Or, on the other hand, what is more glorious than the same when it arises and partakes of incorruption? "It is sown in weakness, it is raised in power:" in its own weakness certainly, because since it is earth it goes to earth; but [it is quickened]


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72 by the power of God, who raises it from the dead. "It is sown an animal body, it rises a spiritual body." He has taught, beyond all doubt, that such language was not used by him, either with reference to the soul or to the spirit, but to bodies that have become corpses. For these are animal bodies, that is, [bodies] which partake of life, which when they have lost, they succumb to death; then, rising through the Spirit's instrumentality, they become spiritual bodies, so that by the Spirit they possess a perpetual life. "For now," he says, "we know in part, and we prophesy in part, but then face to face." And this it is which has been said also by Peter: "Whom having not seen, ye love; in whom now also, not seeing, ye believe; and believing, ye shall rejoice with joy unspeakable." For our face shall see the face of the Lord, and shall rejoice with joy unspeakable,—that is to say, when it shall behold its own Delight.

1. But we do now receive a certain portion of His Spirit, tending towards perfection, and preparing us for incorruption, being little by little accustomed to receive and bear God; which also the apostle terms "an earnest," that is, a part of the honour which has been promised us by God, where he says in the Epistle to the Ephesians, "In which ye also, having heard the word of truth, the gospel of your salvation, believing in which ye have been sealed with the Holy Spirit of promise, which is the earnest of our inheritance." This earnest, therefore, thus dwelling in us, renders