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 At this stage of the campaign, the objective is to create confusion surrounding the true motivation behind the content and hide the origins and sponsorship by the foreign government. Subsequent to publication and consumption, the adversary will engage in a concerted effort to amplify the messaging. This intensification is powered by the modern information landscape and social media. Here, the adversary begins to achieve scale in order to sow discord, confusion, and doubt by saturating the information space and amplifying divisive issues that appeal to existing biases of the target audience.

The principle objective of this activity is to get unwitting audiences to engage with the influence content and disseminate it further within their own social networks, thus extending its reach. The effect of this total effort is ultimately analyzed by reviewing the impact on and engagement by the audience to assess the effectiveness of the influence campaign; this may undergo a period of fine-tuning to maximize its impact. The entire process and its ultimate success relies on the coordinated efforts of the numerous overt and covert actors who take part in the manufacture of stories and information designed to manipulate the masses.

Russia’s 2016 US Presidential election influence effort highlights just how this methodical approach is precisely implemented. Bill Priestap, Assistant Director, Counterintelligence Division, Federal Bureau of Investigation stated, “Russia’s 2016 presidential election influence effort was its boldest to date in the United States. Moscow employed a multifaceted approach intended to undermine confidence in our democratic process … which included the weaponization of stolen cyber information, the use of Russia’s English-language state media as a strategic messaging platform, and the mobilization of social media bots and trolls to spread disinformation and amplify Russian messaging.”[14] This statement clearly highlights the use of overt and covert means to create multiple false narratives designed to work together to shape the perception of the target audience.

A key objective of modern influence operations is to make true facts harder to find and garner consensus. The goal is to not just to present an alternate version of reality, but rather to contaminate the information space with many such versions, some of them conflicting, to confuse the audience and erode its ability to think critically. It is about creating a sentiment that no news source or narrative can be trusted and providing fodder to the audience to connect with whichever storyline most appeals to its pre-existing biases. It is about diminishing our collective ability to find the truth and agree on it. The modern information landscape allows for this to be achieved rapidly and at scale, by delivering false narratives directly to the audience much more quickly and broadly than was ever possible before. Achieving this objective is made easier when nearly two-thirds of American adults are getting at least some of their news on social media and where the act of sharing a piece of content (such as a post, a news story, or a meme) within one’s own social network can often be more important than its veracity.[15] FALL 2018 25


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 If we are to avoid the toxic consequences of disinformation, we need to sharpen our sense of skepticism and ask pertinent questions about the veracity and motivation of what we view and share. We need to engage in transparency and expose this behavior, shining a spotlight on it whenever we can. Education of the threat and providing context to enable critical judgment will help mitigate this vulnerability. Otherwise, if we do not challenge the dissemination of falsehoods, we not only allow, but also invite ill-intentioned forces to continuously negatively influence us all. 26 THE CYBER DEFENSE REVIEW

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


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 that the shoulder-strap of his Sam Browne belt, purchased that afternoon at the Ordnance, and therefore brand-new, did not match the abdominal part of the belt that he had had for nearly ten years—a splendid bit of leather, that!—answered nevertheless stoutly:

"Madam! If the brains of an army aren't, the life of an army is in its feet And nowadays, the medical officers say, in its teeth Your husband, ma'am, is an admirable officer He says that no draft he turns out shall

She said:

"He spent three hours in You say, foot and kit inspection

Second-Lieutenant Cowley said:

"Of course he had other officers to help him with the kit but he looked at every foot himself

She said:

"That took him from two till five Then he had tea, I suppose And went to What is it The papers of the draft

Second-Lieutenant Cowley said, muffled through his moustache:

"If the captain is a little remiss in writing letters I have heard You might, madam  I'm a married man myself  with a daughter And the army is not very good at writing letters You might say, in that respect, that thank God we have got a navy, ma'am

She let him stagger on for a sentence or two, imagining that, in his confusion, she might come upon traces of Miss Wannop in Rouen. Then she said handsomely:

"Of course you have explained everything, Mr. Cowley, and I am very much obliged Of course


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 NOTES

FALL 2018 27


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 my husband would not have time to write very full letters He is not like the giddy young subalterns who run after

He exclaimed in a great roar of laughter:

"The captain run after skirts Why, I can number on my hands the times he"s been out of my sight since he's had the battalion!"

A deep wave of depression went over Sylvia.

"Why," Lieutenant Cowley laughed on, "if we had a laugh against him it was that he mothered the lot of us as if he was a hen sitting on addled eggs For it's only a ragtime army, as the saying is, when you've said the best for it that you can And look at the other commanding officers we've had before we had him There was Major Brooks Never up before noon, if then, and out of camp by two-thirty. Get your returns ready for signing before then or never get 'em signed And Colonel Potter Bless my soul  'e wouldn't sign any blessed papers at all He lived down here in this hotel, and we never saw him up at the camp at all But the captain We always say that  if 'e was a Chelsea adjutant getting off a draft of the Second Coldstreams

With her indolent and gracious beauty—Sylvia knew that she was displaying indolent and gracious beauty—Sylvia leaned over the tablecloth listening for items in the terrible indictment that, presently, she was going to bring against Tietjens For the morality of these matters is this If you have an incomparably beautiful woman on your hands you must occupy yourself solely with her Nature exacts that of you until you are unfaithful to her with a snub-nosed girl with freckles: that, of course, being a reac-


text: Drug Fact Sheet: Benzodiazepines

title: Drug Fact Sheet: Benzodiazepines


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 tion, is still in a way occupying yourself with your woman But to betray her with a battalion That is against decency, against Nature And for him, Christopher Tietjens, to come down to the level of the men you met here

Tietjens, mooning down the room between tables, had more than his usually aloof air since he had just come out of a telephone box. He slipped, a weary mass, into the polished chair between her and the lieutenant. He said:

"I've got the washing arranged for and Sylvia gave to herself a little hiss between the teeth, of vindictive pleasure! This was indeed betrayal to a battalion. He added: "I shall have to be up in camp before four-thirty to-morrow morning

Sylvia could not resist saying:

"Isn't there a poem Ah me, the dawn, the dawn, it comes too soon said of course by lovers in bed Who was the poet?"

Cowley went visibly red to the roots of his hair and evidently beyond. Tietjens finished his speech to Cowley, who had remonstrated against his going up to the camp so early by saying that he had not been able to get hold of an officer to march the draft. He then said in his leisurely way:

"There were a great many poems with that refrain in the Middle Ages You are probably thinking of an albade by Arnaut Daniel, which someone translated lately An albade was a song to be sung at dawn when, presumably, no one but lovers would be likely to sing

"Will there," Sylvia asked, "be anyone but you singing up in your camp to-morrow at four?"

She could not help it She knew that Tietjens


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 to call them, stretching more than twenty feet from tip to tip; every volition of yours extending as perfectly into them as if your spinal cord ran down the centre strip of your boat, and the nerves of your arms tingled as far as the broad blades of your oars,—oars of spruce, balanced, leathered, and ringed under your own special direction. This, in sober earnest, is the nearest approach to flying that man has ever made or perhaps ever will make. As the hawk sails without flapping his pinions, so you drift with the tide when you will, in the most luxurious form of locomotion indulged to an embodied spirit. But if your blood wants rousing, turn round that stake in the river, which you see a mile from here; and when you come in in sixteen minutes, (if you do, for we are old boys, and not champion scullers, you remember,) then say if you begin to feel a little warmed up or not! You can row easily and gently all day, and you can row yourself blind and black in the face in ten minutes, just as you like. It has been long agreed that there is no way in which a man can accomplish so much labor with his muscles as in rowing. It is in the boat, then, that man finds the largest extension of his volitional and muscular existence; and yet he may tax both of them so slightly, in that most delicious of exercises, that he shall mentally write his sermon, or his poem, or recall the remarks he has made in company and put them in form for the public, as well as in his easy-chair.


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 I dare not publicly name the rare joys, the infinite delights, that intoxicate me on some sweet June morning, when the river and bay are smooth as a sheet of beryl-green silk, and I run along ripping it up with my knife-edged shell of a boat, the rent closing after me like those wounds of angels which Milton tells of, but the seam still shining for many a long rood behind me. To lie still over the Flats, where the waters are shallow, and see the crabs crawling and the sculpins gliding busily and silently beneath the boat,—to rustle in through the long harsh grass that leads up some tranquil creek,—to take shelter from the sunbeams under one of the thousand-footed bridges, and look down its interminable colonnades, crusted with green and oozy growths, studded with minute barnacles, and belted with rings of dark muscles, while overhead streams and thunders that other river whose every wave is a human soul flowing to eternity as the river below flows to the ocean,—lying there moored unseen, in loneliness so profound that the columns of Tadmor in the Desert could not seem more remote from life,—the cool breeze on one's forehead, the stream whispering against the half-sunken pillars, why should I tell of these things, that I should live to see my beloved haunts invaded and the waves blackened with boats as with a swarm of water-beetles? What a city of idiots we must be not to have covered this glorious bay with gondolas and wherries, as we


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 have just learned to cover the ice in winter with skaters!

I am satisfied that such a set of black-coated, stiff-jointed, soft-muscled, paste-complexioned youth as we can boast in our Atlantic cities never before sprang from loins of Anglo-Saxon lineage. Of the females that are the mates of these males I do not here speak. I preached my sermon from the lay-pulpit on this matter a good while ago. Of course, if you heard it, you know my belief is that the total climatic influences here are getting up a number of new patterns of humanity, some of which are not an improvement on the old model. Clipper-built, sharp in the bows, long in the spars, slender to look at, and fast to go, the ship, which is the great organ of our national life of relation, is but a reproduction of the typical form which the elements impress upon its builder. All this we cannot help; but we can make the best of these influences, such as they are. We have a few good boatmen,—no good horsemen that I hear of,—I cannot speak for cricketing,—but as for any great athletic feat performed by a gentleman in these latitudes, society would drop a man who should run round the Common in five minutes. Some of our amateur fencers, single-stick players, and boxers, we have no reason to be ashamed of. Boxing is rough play, but not too rough for a hearty young fellow. Anything is better than this white-blooded degeneration to which we all tend.


text: National Health Expenditures 2017 Highlights


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 The other position, which not only claims but necessitates the admission of its immediate certainty, equally for the scientific reason of the philosopher as for the common sense of mankind at large, namely, I, cannot so properly be intitled a prejudice. It is groundless indeed; but then in the very idea it precludes all ground, and separated from the immediate consciousness loses its, whole sense and import. It is groundless; but only because it is itself the ground of all other certainty. Now the apparent contradiction, that the former position, namely, the existence of things without us, which from its nature cannot be immediately certain should be received as blindly and as independently of all grounds as the existence of our own being, the transcendental philosopher, can solve only by the supposition, that the former is unconsciously involved in the latter; that it is not only coherent but identical, and one and the same thing with our own immediate self consciousness. To demonstrate this identity is the office and object of his philosophy.

If it be said, that this is Idealism, let it be remembered that it is only so far idealism, as it is at the same time, and on that very account, the truest and most binding realism. For wherein does the realism of mankind properly consist? In the assertion that there exists a


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 something without them, what, or how, or where they know not, which occasions the objects of their perception? Oh no! This is neither connatural or universal. It is what a few have taught and learnt in the schools, and which the many repeat without asking themselves concerning their own meaning. The realism common to all mankind is far elder and lies infinitely deeper than this hypothetical explanation of the origin of our perceptions, an explanation skimmed from the mere surface of mechanical philosophy: It is the table itself, which the man of common sense believes himself to see, not the phantom of a table, from which he may argumentatively deduce the reality of a table, which he does not see. If to destroy the reality of all, that we actually behold, be idealism, what can be more egregiously so, than the system of modern metaphysics, which banishes us to a land of shadows, surrounds us with apparitions, and distinguishes truth from illusion only by the majority of those who dream the same dream? "I asserted that the world was mad," exclaimed poor Lee, "and the world said, that I was mad, and confound them, they outvoted me."

It is to the true and original realism, that I would direct the attention. This believes and requires neither more nor less, than that the object which it beholds or presents to itself, is


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 the real and very object. In this sense, however much we may strive against it, we are all collectively born idealists, and therefore and only therefore are we at the same time realists. But of this the philosophers of the schools know nothing, or despise the faith as the prejudice of the ignorant vulgar, because they live and move in a crowd of phrases and notions from which human nature has long ago vanished. Oh, ye that reverence yourselves, and walk humbly with the divinity in your own hearts, ye are worthy of a better philosophy! Let the dead bury the dead, but do you preserve your human nature, the depth of which was never yet fathomed by a philosophy made up of notions and mere logical entities.

In the third treatise of my Logosophia, announced at the end of this volume, I shall give (deo volente) the demonstrations and constructions of the Dynamic Philosophy scientifically arranged. It is, according to my conviction, no other than the system of Pythagoras and of Plato revived and purified from impure mixtures. Doctrina per tot manus tradita tandem in desiit. The science of arithmetic furnishes instances, that a rule may be useful in practical application, and for the particular purpose may be sufficiently authenticated by the result, before it has itself been fully de monstrated. It is enough, if only it be ren-


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 dered intelligible. This will, I trust, have been effected in the following Theses for those of my readers, who are willing to accompany me through the following Chapter, in which the results will be applied to the deduction of the imagination, and with it the principles of production and of genial criticism in the fine arts.

Truth is correlative to being. Knowledge without a correspondent reality is no knowledge; if we know, there must be somewhat known by us. To know is in its very essence a verb active.

All truth is either mediate, that is, derived from some other truth or truths; or immediate and original. The latter is absolute, and its formula A. A.; the former is of dependent or conditional certainty, and represented in the formula B. A. The certainty, which inheres in A, is attributable to B.

. A chain without a staple, from which all the links derived their stability, or a series without a first, has been not inaptly allegorized, as a string of blind men, each holding the skirt of the man before him, reaching far out of sight, but all moving without the least deviation in one strait line. It would be naturally taken for granted, that there was a


text: Concepts for detection of extraterrestrial life/Chapter 1


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 guide at the head of the file: what if it were answered, No! Sir, the men are without number, and infinite blindness supplies the place of sight?

Equally inconceivable is a cycle of equal truths without a common and central principle, which prescribes to each its proper sphere in the system of science. That the absurdity does not so immediately strike us, that it does not seem equally unimaginable, is owing to a surreptitious act of the imagination, which, instinctively and without our noticing the same, not only fills at the intervening spaces, and contemplates the cycle (of B. C. D. E. F. &c.) as a continuous circle (A.) giving to all collectively the unity of their common orbit; but likewise supplies by a sort of subintelligitur the one central power, which renders the movement harmonious and cyclical.

We are to seek therefore for some absolute truth capable of communicating to other positions a certainty, which it has not itself borrowed; a truth self-grounded, unconditional and known by its own light. In short, we have to find a somewhat which is, simply because it is. In order to be such, it must be one which is its own predicate, so far at least that all other nominal predicates must be modes A


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 and repetitions of itself. Its existence too must be such, as to preclude the possibility of requiring a cause or anticedent without an absurdity.

That there can be but one such principle, may be proved a priori; for were there two or more, each must refer to some other, by which its equality is affirmed; consequently neither would be self-established, as the hypothesis demands. And a posteriori, it will be proved by the principle itself when it is discovered, as involving universal anticedents in its very conception.

. If we affirm of a board that it is blue, the predicate (blue) is accidental, and not implied in the subject, board. If we affirm of a circle that it is equi-radial, the predicate indeed is implied in the definition of the subject; but the existence of the subject itself is contingent, and supposes both a cause and a percipient. The same reasoning will apply to the indefinite number of supposed indemonstrable truths exempted from the prophane approach of philosophic investigation by the amiable Beattie, and other less eloquent and not more profound inaugurators of common sense on the throne of philosophy; a fruitless attempt, were it only that it is the two-fold function of philosophy to reconcile reason with common sense, and to elevate common sense into reason.


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 to screen out infringing bits from noninfringing bits. Because the court cannot see any meaningful distinction (without regard to knowledge) between what Netcom did and what every other Usenet server does, the court finds that Netcom cannot be held liable for direct infringement. Cf. IITF Report at 69 (noting uncertainty regarding whether BBS operator should be directly liable for reproduction or distribution of files uploaded by a subscriber).

 * 2. Contributory Infringement

Netcom is not free from liability just because it did not directly infringe plaintiffs’ works; it may still be liable as a contributory infringer. Although there is no statutory rule of liability for infringement committed by others, "[t]he absence of such express language in the copyright statute does not preclude the imposition of liability for copyright infringement on certain parties who have not themselves engaged in the infringing activity. For vicarious liability is imposed in virtually all areas of the law, and the concept of contributory infringement is merely a species of the broader problem of identifying the circumstances in which it is just to hold one individual accountable for the actions of another."

Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417, 435, 104 S.Ct. 774, 785, 78 L.Ed.2d 574 (1984) (footnote omitted). Liability for participation in the infringement will be established where the defendant, “with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another.” Gershwin Publishing Corp. v. Columbia Artists Management, Inc., 443 F.2d 1159, 1162 (2d Cir.1971).

Plaintiffs insist that Netcom knew that Erlich was infringing their copyrights at least after receiving notice from plaintiffs’ counsel indicating that Erlich had posted copies of their works onto a.r.s. through Netcom’s system. Despite this knowledge, Netcom continued to allow Erlich to post messages to a.r.s. and left the allegedly infringing messages on its system so that Netcom’s subscribers and other Usenet servers could access them. Netcom argues that it did not possess the necessary type of knowledge because (1) it did not know of Erlich’s planned infringing activities when it agreed to lease its facilities to Klemesrud, (2) it did not know that Erlich would infringe prior to any of his postings, (3) it is unable to screen out infringing postings before they are made, and (4) its knowledge of the infringing nature of Erlich’s postings was too equivocal given the difficulty in assessing whether the registrations were valid and whether Erlich’s use was fair. The court will address these arguments in turn.

Netcom cites cases holding that there is no contributory infringement by the lessors of premises that are later used for infringement unless the lessor had knowledge of the intended use at the time of the signing of the lease. See, e.g., Deutsch v. Arnold, 98 F.2d 686, 688 (2d Cir.1938). The contribution to the infringement by the defendant in Deutsch was merely to lease use of the premises to the infringer. Here, Netcom not only leases space but also serves as an access provider, which includes the storage and transmission of information necessary to


text: Völsunga Saga/Names

title: Völsunga Saga/Names


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 Erlich’s postings to a.r.s. Unlike a landlord, Netcom retains some control over the use of its system. See Thus, the relevant time frame for knowledge is not when Netcom entered into an agreement with Klemesrud. It should be when Netcom provided its services to allow Erlich to infringe plaintiffs’ copyrights. Cf. Screen Gems-Columbia Music, Inc. v. Mark-Fi Records, Inc., 256 F.Supp. 399, 403 (S.D.N.Y.1966) (analyzing knowledge at time that defendant rendered its particular service). It is undisputed that Netcom did not know that Erlich was infringing before it received notice from plaintiffs. Netcom points out that the alleged instances of infringement occurring on Netcom’s system all happened prior to December 29, 1994, the date on which Netcom first received notice of plaintiffs’ infringement claim against Erlich. See Pisani Feb. 8, 1995 Decl., ¶ 6 & Exs. (showing latest posting made on December 29, 1994); McShane Feb. 8, 1995 Decl; FAC ¶¶ 36–38 & Ex. I. Thus, there is no question of fact as to whether Netcom knew or should have known of Erlich’s infringing activities that occurred more than 11 days before receipt of the December 28, 1994 letter.

However, the evidence reveals a question of fact as to whether Netcom knew or should have known that Erlich had infringed plaintiffs’ copyrights following receipt of plaintiffs’ letter. Because Netcom was arguably participating in Erlich’s public distribution of plaintiffs’ works, there is a genuine issue as to whether Netcom knew of any infringement by Erlich before it was too late to do anything about it. If plaintiffs can prove the knowledge element, Netcom will be liable for contributory infringement since its failure to simply cancel Erlich’s infringing message and thereby stop an infringing copy from being distributed worldwide constitutes substantial participation in Erlich’s public distribution of the message. Cf. R.T. Nimmer, ¶ 15.11B, at S15-42 (2d ed. 1994) (opining that “where information service is less directly involved in the enterprise of creating unauthorized copies, a finding of contributory infringement is not likely”).

Netcom argues that its knowledge after receiving notice of Erlich’s alleged infringing activities was too equivocal given the difficulty in assessing whether registrations are valid and whether use is fair. Although a mere unsupported allegation of infringement by a copyright owner may not automatically put a defendant on notice of infringing activity, Netcom’s position that liability must be unequivocal is unsupportable. While perhaps the typical infringing activities of BBSs will involve copying software, where BBS operators are better equipped to judge infringement, the fact that this involves written works should not distinguish it. Where works contain copyright notices within them, as here, it is difficult to argue that a defendant did not know that the works were copyrighted. To require proof of valid registrations would be impractical and would perhaps take too long to verify, making it impossible for a copyright holder to protect his or her works in some cases, as works are automatically deleted less than two weeks after they are posted. The court is more persuaded by the argument that it is beyond the ability of a BBS operator to quickly and fairly determine when a use is not infringement where there is at least a colorable claim of fair use. Where a BBS operator cannot reasonably verify a claim of infringement, either because of a possible fair use defense, the lack of copyright notices on the copies, or the copyright holder’s failure to provide the necessary documentation to show that there is a likely infringement, the operator’s lack of knowledge will be found reasonable and there will be no liability for contributory infringement for allowing the continued distribution of the works on its system.

Since Netcom was given notice of an infringement claim before Erlich had completed his infringing activity, there may be a question of fact as to whether Netcom knew or should have known that such activities were infringing. Given the context of a dispute between a former minister and a church he is criticizing, Netcom may be able to show that its lack of knowledge that Erlich was infringing was reasonable. However, Netcom admits that it did not even look at the postings once given notice and that had it looked at the copyright notice and


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Such a principle cannot be any or. Each thing is what it is in consequence of some other thing. An infinite, independent thing, is no less a contradiction, than an infinite circle or a sideless triangle. Besides a thing is that, which is capable of being an object of which itself is not the sole percipient. But an object is inconceivable without a subject as its antithesis. Omne perceptum percipientem supponit.

But neither can the principle be found in a subject as a subject, contra-distinguished from an object for unicuique percipienti aliquid objicitur perceptum. It is to be found therefore neither in object or subject taken separately, and consequently, as no other third is conceivable, it must be found in that which is neither subject nor object exclusively, but which is the identity of both.

This principle, and so characterised manifests itself in the or ; which I shall hereafter indiscriminately express by the words


text: Völsunga Saga/A Prologue in Verse

title: Völsunga Saga/A Prologue in Verse


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RV 407 (CANTO III.])


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Author:Hermann Peter Heinrich Fritsche

Works

 * The Climate of Eastern Asia
 * Resultate aus Astronomisch-Geographischen, Erdmagnetischen und Hypsometrischen Beobachtungen, Angestellt an Mehr als Tausend Verschiedenen Orten Asiens und Europas in den Jahren 1867–1883
 * On Chronology and the Construction of the Calendar with Special Regard to the Chinese Computation of Time Compared with the European (1886)
 * Observations Magnétiques sur 509 Lieux en Asie et en Europe pendant la Période de 1867–1894 (1897)
 * Die Mittlere Temperatur der Luft im Meeresniveau Dargestellt als Funktion der Geographischen Länge, Breite und Jahreszeit (1909)

title: Author:Hermann Peter Heinrich Fritsche


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RV 408 (CANTO II.])


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90. Vacation and resignation of, and removal from, the office of Deputy Chairman.—A member holding office as Deputy Chairman of the Council of States—
 * (a) shall vacate his office if he ceases to be a member of the Council;
 * (b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
 * (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:
 * Provided that no resolution for the purpose of clause (c)shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.—(1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.

92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.—(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.

93. The Speaker and Deputy Speaker of the House of the People.—The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.

94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.—A member holding office as Speaker or Deputy Speaker of the House of the People—
 * (a) shall vacate his office if he ceases to be a member of the House of the People;
 * (b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
 * (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House:


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 :Provided that no resolution for the purpose of clause (c)shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:

 * Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.—(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose.

 * (2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.

96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.—(1) At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent.

 * (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.—There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.

98. Secretariat of Parliament.—(1) Each House of Parliament shall have a separate secretarial staff:
 * Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament.
 * (2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament.

 * (3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

99. Oath or affirmation by members.—Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, 49


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 an oath or affirmation according to the form set out for the purpose in the Third Schedule.

100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.—(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker.

 * The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

 * (2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

 * [(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House.

 * (4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.]

101. Vacation of seats.—(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.

 * (2) No person shall be a member both of Parliament and of a House of the Legislature of a State ***, and if a person is chosen a member both of Parliament and of a House of the Legislature of [a State], then, at the expiration of such period as may be specified in rules made by the President, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.

 * (3) If a member of either House of Parliament—
 * (a) becomes subject to any of the disqualifications mentioned in [clause (1) or clause (2) of article 102], or

 * [(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,]

 * his seat shall thereupon become vacant:

[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be,

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 heavily, he clewed up the top-gallants, prudently reckoning that, under the circumstances, caution was far more important than speed.

The night came on dark and foggy. The breeze freshened considerably, and, unfortunately for us, hailed from the northwest. Although we carried no topsails at all, the ship seemed to heel over more than ever. Most of the passengers had retired to their cabins, but all the crew remained on deck, while Curtis never quitted his post upon the poop.

Toward two o'clock in the morning I was myself preparing to go to my cabin, when Burke, one of the sailors who had been down into the hold, came on deck with the cry:

"Two feet of water below."

In an instant Curtis and the boatswain had descended the ladder. The startling news was only too true; the sea-water was entering the hold, but whether the leak had sprung afresh, or whether the caulking in some of the seams was insufficient, it was then impossible to determine; all that could be done was to let the ship go with the wind, and wait for day.

At daybreak they sounded again—"Three feet of water!" was the report. I glanced at Curtis—his lips were white, but he had not lost his self-possession. He quietly informed such of the passengers as were already on deck of the new danger that threatened us; it was better that they should know the worst, and the fact could not be long concealed. I told M. Letourneur that I could not help hoping that there might yet be time to reach the land before the last crisis came. Falsten was about to give vent to an expression of despair, but he was soon silenced by Miss Herbey asserting her confidence that all would yet be well.

Curtis at once divided the crew into two sets, and made them work incessantly, turn and turn about, at the pumps. The men applied themselves to their task with resignation rather than with ardor; the labor was hard and scarcely repaid them; the pumps were constantly getting out of order, the valves being choked up by the ashes and bits of cotton that were floating about in the hold, while every moment that was spent in cleaning or repairing them was so much time lost.

Slowly but surely the water continued to rise, and on the following morning the soundings gave five feet for its depth.


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 I noticed that Curtis's brow contracted each time that the boatswain or the lieutenant brought him their report. There was no doubt it was only a question of time, and not for an instant must the efforts for keeping down the level be relaxed. Already the ship had sunk a foot lower in the water, and as her weight increased she no longer rose buoyantly with the waves, but pitched and rolled considerably.

All yesterday and last night the pumping continued, but still the sea gained upon us. The crew are weary and discouraged, but the second officer and the boatswain set them a fine example of endurance, and the passengers have now, begun to take their turn at the pumps.

But all are conscious of toiling almost against hope; we are no longer secured firmly to the solid soil of the Ham Rock reef, but we are floating over an abyss which daily, nay hourly, threatens to swallow us into its depths.

2 and 3.—For four hours we have succeeded in keeping the water in the hold to one level; now, however, it is very evident that the time cannot be far distant when the pumps will be quite unequal to their task.

Yesterday Curtis, who does not allow himself a minute's rest, made a personal inspection of the hold. I, with the boatswain and carpenter, accompanied him. After dislodging some of the bales of cotton we could hear a splashing, or rather gurgling sound; but whether the water was entering at the original aperture, or whether it found its way in through a general dislocation of the seams, we were unable to discover. But, whichever might be the case, Curtis determined to try a plan which, by cutting off communication between the interior and exterior of the vessel, might, if only for a few hours, render her hull more water-tight. For this purpose he had some strong, well tarred sails drawn upward by ropes from below the keel, as high as the previous leaking place, and then fastened closely and securely to the side of the hull. The scheme was dubious, and the operation difficult, but for a time it was effectual, and at the close of the day the level of the water had actually been reduced by


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 is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]

 * (4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:

 * Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

102. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament—

 * [(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;]
 * (b) if he is of unsound mind and stands so declared by a competent court;
 * (c) if he is an undischarged insolvent;
 * (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;
 * (e) if he is so disqualified by or under any law made by Parliament.

 * [Explanation.—For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.]

 * [(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.]

[103. Decision on questions as to disqualifications of members.—(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.

 * (2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.]

104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.—If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.

105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees

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viii should hereafter be induced to publish them, either in a separate form, or of a size adapted to the present volume.

The interest which the work may command among the Subscribers to the Journal, and with the public at large, will determine how far it may be advisable to continue the publication of the remainder of the series, or whether they may for the present give way to other “official documents,” of a more exclusively scientific nature.


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 * Letter to Felipe II. Pedro Gonçalez de Carbajal; [1595?]
 * Formation of new dioceses. Felipe II; June 17.
 * Letter to Felipe II. Antonio de Morga; June 25.
 * Expedition to Camboja. Gregorio da Cruz, and others; August 1-3.
 * Instructions to Figueroa. L. P. Dasmariñas; November 13-16.
 * The Audiencia of Manila reëstablished. Felipe II; November 26.
 * Letter to Felipe II. L. P. Dasmariñas; December 6.

 * The second document is taken from Doc. inéd. Amér. y Oceanía, xxxiv, pp. 86-94; all the others are obtained from MSS. in the Archivo general de Indias, Sevilla.

 * The first document is translated by Arthur B. Myrick, of Harvard University; the second, by Frederic W. Morrison, of Harvard University; the third and part of the seventh, by José M. and Clara H. Asensio; the fourth and fifth, by Robert W. Haight; the sixth and part of the seventh, by James A. Robertson.


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 thereof.—(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

 * (2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.

 * [(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, [shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.]]

 * (4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.

106. Salaries and allowances of members.—Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India.

107. Provisions as to introduction and passing of Bills.—(1) Subject to the provisions of articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament.

 * (2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.

 * (3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.

 * (4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People.

 * (5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a dissolution of the House of the People.

108. Joint sitting of both Houses in certain cases.—(1) If after a Bill has been passed by one House and transmitted to the other House—
 * (a) the Bill is rejected by the other House; or
 * (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
 * (c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it,

the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify


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 regarding authorship, it would have triggered an investigation into whether there was infringement. Kobrin June 7, 1995 Decl., Ex. H, Hoffman Depo. Atat [sic] 125–128. These facts are sufficient to raise a question as to Netcom’s knowledge once it received a letter from plaintiffs on December 29, 1994.

Where a defendant has knowledge of the primary infringer’s infringing activities, it will be liable if it “induces, causes or materially contributes to the infringing conduct of” the primary infringer. Gershwin Publishing, 443 F.2d at 1162. Such participation must be substantial. Apple Computer, Inc. v. Microsoft Corp., 821 F.Supp. 616, 625 (N.D.Cal.1993), aff’d, 35 F.3d 1435 (9th Cir.1994); Demetriades v. Kaufmann, 690 F.Supp. 289, 294 (S.D.N.Y.1988).

Providing a service that allows for the automatic distribution of all Usenet postings, infringing and noninfringing, goes well beyond renting a premises to an infringer. See Fonovisa, Inc. v. Cherry Auction, Inc., 847 F.Supp. 1492, 1496 (E.D.Cal.1994) (finding that renting space at swap meet to known bootleggers not “substantial participation” in the infringers’ activities). It is more akin to the radio stations that were found liable for rebroadcasting an infringing broadcast. See, e.g., Select Theatres Corp. v. Ronzoni Macaroni Corp., 59 U.S.P.Q. 288, 291 (S.D.N.Y.1943). Netcom allows Erlich’s infringing messages to remain on its system and be further distributed to other Usenet servers worldwide. It does not completely relinquish control over how its system is used, unlike a landlord. Thus, it is fair, assuming Netcom is able to take simple measures to prevent further damage to plaintiffs’ copyrighted works, to hold Netcom liable for contributory infringement where Netcom has knowledge of Erlich’s infringing postings yet continues to aid in the accomplishment of Erlich’s purpose of publicly distributing the postings. Accordingly, plaintiffs do raise a genuine issue of material fact as to their theory of contributory infringement as to the postings made after Netcom was on notice of plaintiffs’ infringement claim.

 * 3. Vicarious Liability

Even if plaintiffs cannot prove that Netcom is contributorily liable for its participation in the infringing activity, it may still seek to prove vicarious infringement based on Netcom’s relationship to Erlich. A defendant is liable for vicarious liability for the actions of a primary infringer where the defendant (1) has the right and ability to control the infringer’s acts and (2) receives a direct financial benefit from the infringement. See Shapiro, Bernstein & Co. v. H.L. Green Co., 316 F.2d 304, 306 (2d Cir.1963). Unlike contributory infringement, knowledge is not an element of vicarious liability. 3 § 12.04[A][1], at 12-70.

The first element of vicarious liability will be met if plaintiffs can show that Netcom has the right and ability to supervise the conduct of its subscribers. Netcom argues that it does not have the right to control its users’ postings before they occur. Plaintiffs dispute this and argue that Netcom’s terms and conditions, to which its subscribers must agree, specify that Netcom reserves the right to take remedial action against subscribers. See, e.g., Francis Depo. at 124–126. Plaintiffs argue that under “netiquette,” the informal rules and customs that have developed on the Internet, violation of copyrights by a user is unacceptable and the access provider has a duty taketo take [sic] measures to prevent this; where the immediate service


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 tent hand of our God and Lord. May He ordain what is most befitting His service and the glory of His sacred name. May He preserve your Majesty for many long years, as Christendom has need. Manila, June 23, 1594.

[Addressed: "To the king, our sovereign. In his royal Council of the Yndias."]

[Endorsed: "Philippinas. To his Majesty. Luis Perez Dasmariñas, 1594, June 23."]


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 Cebú, of that archipelago, under the protection of the guardian angel. In this way each one may exercise in his diocese the pastoral office; and the metropolitan archbishop, together with the bishops, may labor with jurisdiction, authority, and power in the conversion and instruction of the said natives; and he and they may provide for other spiritual matters which may seem desirable for the maintenance of divine worship and the salvation of souls. But for the present, and until affairs be more settled in those regions and tithes established, no cathedral churches shall be erected, or dignitaries or canonries provided for, except that the bishops shall dwell privately in the monasteries of their order which are situated in the aforesaid cities. Nevertheless, in order that the said cathedral churches may be erected in due time, and that for the present, definite territories may be assigned to the aforesaid archbishopric, and to the bishops, you must thus entreat his Holiness, in my name, to give me power to add to or to change the said territories, when and in such wise as may seem most fitting to me. At the same time, you will present and nominate to his Holiness, in my name, Fray Ygnacio de Santibañez, of the order of St. Francis, as archbishop of the aforesaid church of Manila, in place of the late Fray Domingo de Salazar, of the order of St. Dominic, the first and last bishop of that city; for the bishopric of Nueva-Segovia, Fray Miguel de Benavides, of the order of St. Dominic; for the bishopric of the city of Santísimo Nombre de


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In 1807, the Directors of the East India Company having recommended that a full and accurate Statistical Survey of the territories under the immediate authority of the Presidency of Fort William should be executed, for the purpose of obtaining such information on the real state of the country as might be productive of future improvement and advantage, the Governor General Lord resolved, that Dr., whose abilities and experience were justly considered by the court to qualify him in a peculiar degree for such an investigation, should be appointed to this duty.

The extent and variety of the objects to which his attention was to be directed, will be understood from the following extract from the instructions drawn up by the Secretary to Government for his guidance:

“Your inquiries are to extend throughout the whole of the territories subject to the immediate authority of the Presidency of Fort William.

“The Governor General in Council is of opinion, that these inquiries should commence in the district of, and that from thence you should proceed to the westward through each district on the north side of the Ganges, until you reach the western boundary of the Honorable Company’s provinces. You will then proceed towards the south and east, until you have examined all the districts on the south side of the great river, and afterwards proceed to, and the other districts towards the eastern frontier.

“It is also desirable, that you should extend your inquiries to the adjacent countries, and to those petty states with which the British Government has no regular intercourse. In performing this duty, however, you are prohibited from quitting the Company’s territories, and are directed to confine your inquiries to consulting such of the natives of those countries as you may meet with, or natives of the British territories who have visited the countries in question.

“Your inquiries should be particularly directed to the following subjects, which you are to examine with as much accuracy as local circumstances will admit.

“I. A Topographical account of each district, including the extent, soil, plains, mountains, rivers, harbours, towns, and subdivisions; to-


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iv gether with an account of the air and weather, and whatever you may discover worthy of remark concerning the history and antiquities of the country.

“II. The Condition of the Inhabitants; their number, the state of their food, clothing, and habitations; the peculiar diseases to which they are liable; together with the means that have been taken or may be proposed to remove them; the education of youth; and the provision or resources for the indigent.

“III. Religion; the number, progress, and most remarkable customs of each different sect or tribe of which the population consists; together with the emoluments and power which their priests and chiefs enjoy; and what circumstances exist or may probably arise that might attach them to Government, or render them disaffected.

“IV. The Natural Productions of the Country, animal, vegetable, and mineral; especially such as are made use of in diet, in medicine, in commerce, or in arts and manufactures. The following objects deserve your particular attention:

“1st. The fisheries, their extent, the manner in which they are conducted, and the obstacles that appear to exist against their improvement and extension.

“2nd. The forests, of which you will endeavour to ascertain the extent and situation, with respect to water-conveyance. You will investigate the kinds of trees which they contain, together with their comparative value, and you will point out such means, as occur to you, for increasing the number of the more valuable kinds, or for introducing new ones that may be still more useful.

“3rd. The mines and quarries are objects of particular concern. You will investigate their produce, the manner of working them, and the state of the people employed.

“V. Agriculture, under which head your inquiries are to be directed to the following points:

“1st. The different kinds of vegetables cultivated, whether for food, forage, medicine, or intoxication, or as raw materials for the arts: the modes of cultivation adopted for each kind; the seasons when they are sown and reaped; the value of the produce of a given extent of land cultivated with each kind; the profit arising to the cultivator from each, and the manner in which each is prepared and fitted for market. Should it appear that any new object of cultivation could be introduced with advantage, you will suggest the means by which its introduction may be encouraged.


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 enemy, as well as the enemy of Christianity and of the Spanish nation, and with whom he was in a state of open warfare. He preferred to avail himself of aid from the Christians rather than from the heathens or Moros who dwelt in the neighborhood, if he could do so. He gave entire credit to what we had told him, and what we were then telling him. He confirmed by deed the love which he had shown to all of us Spaniards, and decided to send an embassy to the governor of these islands, seeking aid for the conflict in which he feared he would soon find himself. This embassy he entrusted to me and to Captain Gregorio de Vargas, placing more confidence in us than in any of his own subjects. The said Blas Rruiz he kept in his service to satisfy the wishes of some of his own subjects, who, because they do not like him, opposed the voyage and the embassies. He wrote to the said governor a letter, written on a leaf of beaten gold, and sent as a present an elephant, slaves, and other articles, as appears by the said embassy, to which I refer you. This embassy we carried out, on arriving at this city, delivering the letter and the presents, and were engaged in it many days, beseeching the last governor to send the king some aid, in order to redeem him from the utter ruin which afterward happened. As this country was on the point of sending an expedition to Maluco, the governor deferred the aid. After your Lordship succeeded to the government, you despatched me and gave me an answer for the said king, sending him a Castilian horse with trappings, and a rich jewel of emeralds. When I arrived at the said kingdom of Canvoja I sent a soldier named Pantaleon Carnero to give the news to the king, and to take measures to learn the state in


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 Captain Gregorio de Bargas, and Blas Rruys, who in the year of ninety-two sailed from the city of Canton in the land of China, with the intention of going to the said kingdom of Canboja in order to examine and explore the said country, and to bring about communication between the said king and this city, for they were already aware of his desire and his friendly disposition. During the voyage the king of Chanpan, like the tyrant and pirate that he is, treacherously robbed and captured them, and held them in that captivity until they were obliged to leave in flight, with much cunning and craft, alone and taking nothing with them. After suffering immense hardships, they arrived at his city poor and in ill condition. The said king of Canvoja received them kindly, treated them well, and lent aid to their needs. He was much pleased with them when he found that they were from this country, and that they had intended to come to his. He was greatly pained to learn of their captivity and loss, and had much pity for them when he found what misery and hardship they had endured. For their coming was a thing which he desired much on account of the many things which I often told him, because he had always been interested in them, and because of the many conversations which I had with him. I recounted to him the greatness of his Majesty and of this city, whereupon he showed a lively pleasure in all, and was led to wish to communicate with the city, of which communication he was already greatly desirous. With the arrival of the said persons and what they told him, he completed his information concerning the matters that he had learned from me. At that time he was suspicious of the king of Ssian, who was his bitter


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I, Captain Beloso, appear before your Lordship and say that I have lived ten years in the kingdom of Camboja, where the king of that country has always shown me great graces and favors, since I was acquainted with his language, and has appeared highly satisfied with me, as well in the conducting of matters of peace as in matters of war and government. For these reasons I am under great obligations to him, and likewise because he is a person bound by close ties to the Spaniards, and who consents and desires that there should be in his kingdom churches and Christians. He also maintains their ministers, as appears from the two orders of the Dominicans and Franciscans which he has in his country, whom he is providing with provisions and personal service; and he has not only maintained them but has sent to Malaca and Macan a great deal of rice and wine, and other presents. He has always held all Spaniards as his friends, and received them in his courts and lands with great friendship and graciousness. He has lent aid to them in their need, as appears from the case of


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 of lieutenant-general and assessor to the said governor truly and faithfully, as was declared and contained in this decree in conformity with the orders, commands, and decrees which in any manner refer or pertain to the said office and trust. After he had so sworn before the said governor, there was delivered to him the rod of royal justice, in order that he might enjoy and exercise the said office. To this were witnesses: The licentiate Pedro de Rojas, Estevan de Marquina.

Before me:

The said copy was made, copied, corrected, and collated from the government records under my charge. It is a true and faithful copy of the records. The witnesses were Diego de Ffuentes, and Alonso de Aguilar. Given at Manila, on the twenty-third of June in the year one thousand five hundred and ninety-five. Therefore I affixed my seal, in witness of its accuracy.


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 tains, officers, and troops of the cities, towns, and settlements of said islands shall have and hold you as such lieutenant-general and assessor of the said government in government, war, and judicial affairs. They shall cause to be exercised the functions of the said offices in your person as herein provided, and shall observe and cause to be observed for you all the honors, favors, civilities, licenses, exemptions, pre-eminences, prerogatives, privileges, and other things, and each and every one thereof which by reason of the said offices you should have and enjoy. I, by these presents, receive you, and hold you received into the use and exercise of the said offices; and I give you power and authority to use and exercise them in case the said governor, or any of the aforesaid persons, should not receive you. It is my pleasure that you have and receive as yearly salary for the said offices two thousand pesos of four hundred and fifty maravedis each. I order the officials of my exchequer of the said islands to give and pay you this salary from the day when you sail from one of the two ports, Barrameda or Cadiz, on the way to assume your duties in the said office. In the future your salary shall be paid you, as long as you are in my service, at the times and terms which were followed in the payment of the said licentiate Pedro de Rojas. Your receipts, a sworn statement of the day of your sailing, as aforesaid, and a copy of this my decree shall be entered in the books of the officials. I order that the maravedis given and paid for this reason be receipted and charged on account with no other warrant whatsoever. Given at San Lorenço, on the eighteenth day of August in the year one thousand five hundred and ninety-three.


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 by former lieutenant-generals, and by him who at present fills that office in the provinces of Chile, in the affairs of government and war. The governor shall not appoint or have any other lieutenant; and in prosecuting, determining, and closing the cases which may occur, take place, or arise, in said islands, you shall proceed in the form and order which is contained and declared in the decree signed by my hand on the seventeenth day of the month of January of the present year, one thousand five hundred and ninety-three. As concerns the cases and suits about the Indians which may arise in those islands, you shall proceed according to the decree of Malinas and the declarations thereof, a copy of which will be given you, signed by Joan de Ledesma, my court secretary, of that which I have issued for the said provinces of Chile. I have therefore sent my letter to my said governor and captain-general of said islands, and as soon as it shall be shown to him, he shall take and receive from you, the said Doctor Antonio de Morga, the oath and the formalities prescribed in such cases and required from you. This having been done, you shall be received and regarded as lieutenant for matters of government and war and assessor for matters of justice; and you shall fill the said offices in every case and affair touching or pertaining thereto, as has been said. As soon as you shall have been received into the said offices, and shall have had delivered to you the rod of my justice, no other lieutenant whatever shall be permitted to exercise it, under the penalty incurred by persons who exercise public and royal offices without holding power and license therefor. After you have taken the said rod of my justice, he and all the citizens and inhabitants, and the cap-


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 several inches. The diminution was small enough, but the consciousness that more water was escaping through the scupper-holes than was finding its way into the hold gave us fresh courage to persevere with our work.

The night was dark, but the captain carried all the sail he could, eager to take every possible advantage of the wind, which was freshening considerably. If he could have sighted a ship he would have made signals of distress, and would not have hesitated to transfer the passengers, and even have allowed the crew to follow, if they were ready to forsake him; for himself his mind was made up—he should remain on board the Chancellor until she foundered beneath his feet. No sail, however, hove in sight; consequently escape by such means was out of our power.

During the night the canvas covering yielded to the pressure of the waves, and this morning, after taking the sounding, the boatswain could not suppress an oath when he announced, "Six feet of water in the hold!"

The ship, then, was filling once again, and already had sunk considerably below her previous water-line. With aching arms and bleeding hands we worked harder than ever at the pumps, and Curtis makes those who are not pumping form a line and pass buckets, with all the speed they can, from hand to hand.

But all in vain! At half-past eight more water is reported in the hold, and some of the sailors, overcome by despair, refuse to work one minute longer.

The first to abandon his post was Owen, a man whom I have mentioned before as exhibiting something of a mutinous spirit. He is about forty years of age, and altogether unprepossessing in appearance; his face is bare, with the exception of a reddish beard, which terminates in a point; his forehead is furrowed with sinister looking wrinkles, his lips curl inward, and his ears protrude, while his bleared and bloodshot eyes are encircled with thick red rings.

Among the five or six other men who had struck work I noticed Jynxstrop, the cook, who evidently shared all Owen's ill-feelings.

Twice did Curtis order the men back to the pumps, and twice did Owen, acting as spokesman for the rest, refuse; and when Curtis made a step forward as though to approach him, he said savagely:


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 from one from the emperor of Japon, a copy of which is enclosed, we can easily infer how little security is assured us by his friendship and promises, and be sure that any slight occasion would induce him to break them. But I am continuing to treat with him, in order to gain time to complete the fortifications of this city. I am showing kindness to the Japanese ships that put in here. And, although I am sending the emperor, as answer to his letter, the one which I transmitted to your Majesty in the vessel "Sant Phelippe" (a duplicate of which I enclose herewith), I am thinking of sending him a present because of the treaty of amity he has made with us. In this way, as I say, I shall dissimulate and keep him in good humor. For this purpose I am striving to spread the rumor here that the peace is firm; but I am not slackening work on the fortifications. On the contrary, I am speeding them forward with added watchfulness. God be praised, the wall is now completed, and the forts are in fair condition for defense. I hope, God willing, that the enemy will find this quite different from what they must be congratulating themselves that they will find. It is decidedly important to have a large contingent of troops sent from Mexico. This is the most pressing need, and the viceroy of Nueva España should be urgently ordered to attend to it. For if the Japanese come, they may be able, in case help does not arrive, to gain the land after a long siege and with a large force, and thus put us to great straits. But to whatever extremities we come, we here will not, at least, be found to lack the necessary energy and determination, and we will give your Majesty a good account of your land and our obligations. We trust matters to the omnipo-


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 treat them as his children if they would obey him as their father. He sent me word to say that he would await your Majesty's answer. While we were in Japon at that time, the fathers and myself knew for certain that some of the Japanese chiefs asked the emperor's permission to go to subjugate the Philipinas, and make him lord of them, without any cost to him. The latter replied that he would have nothing to do with it, until he saw your Majesty's response. It is quite necessary that your Majesty should send an order to the bishop of Great China at Macan, and the fathers of the Society of Jesus, to the effect that all the ships should leave there and go to Japon. These should investigate, and look to it that they carry no people who have not a good understanding of Christianity and fidelity; because that emperor is desirous of meeting people who will teach him to construct ships and artillery in our manner. All this will be of considerable harm and inconvenience; for, although he has artillery and ships, they are less effective than ours.

They tell me that on this coast is father Fray Miguel de Venavides, of the order of St. Dominic, by whom your Majesty can be very well informed of all these matters, because he has dealt with some Japanese, and has gone through Great China.


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Rh “2nd. The implements of husbandry employed, with the defects and advantages of each, and suggestions for the introduction of new ones, that may be more effectual.

“3rd. The manure employed for the soil, especially the means used for irrigation.

“4th. The means used for excluding floods and inundations, with such remarks, as may occur to you, on the defects in their management, and the remedies that might be employed.

“5th. The different breeds of the cattle, poultry, and other domestic animals reared by the natives. The manner in which they are bred and kept; the profits derived from rearing and maintaining them; the kinds used in labour; whether the produce of the country be sufficient, without importation, to answer the demand, or to enable the farmer to export; and whether any kinds not now reared might be advantageously introduced.

“6th. Fences, the various kinds, that are used, or that might be introduced, with observations concerning the utility of this part of agriculture in the present state of the country.

“7th. The state of farms; their usual size, the stock required, with the manner in which it is procured; the expense of management; the rent, whether paid in specie, or in kind; the wages and condition of farming servants and labourers employed in husbandry; tenures by which farms are held, with their comparative advantages, and the means which, in your opinion, may be employed to extend and improve the cultivation of the country.

“8th. The state of the landed property, and of the tenures by which it is held, in so far as these seem to affect agriculture.

“VI. The progress made by the natives in the fine arts, in the common arts, and the state of the manufactures; you will describe their architecture, sculptures, and paintings, and inquire into the different processes and machinery used by their workmen, and procure an account of the various kinds and amount of goods manufactured in each district. It should also be an object of your attention to ascertain the ability of the country to produce the raw materials used in them; and what proportion, if any, is necessary to be imported from other countries, and under what advantages, or disadvantages, such importation now is, or might be made; you will also ascertain how the necessary capital is procured, the situation of the artists and manufactures, the mode of providing their goods, the usual rates of their labour; any particular advantages they may enjoy, their comparative affluence with respect to the cultivators of the land, their domestic usages, the nature of their


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Sire:

On the tenth of this month of July [sic], I arrived at port in these Philipinas Islands with the fleet of your Majesty, and the reënforcements that were sent to this place by the viceroy Don Luis de Velasco, under my command. I found the land at peace, and more free from suspicions of enemies than it has been hitherto. There is great hope that if moderate diligence be shown, our Lord may be pleased to open the door to the preaching of the gospel among the heathen. This is proved by the harvest gathered by the four descalced friars of the order of St. Francis, who went hence to Xapon last year. I found Don Luis Dasmariñas governing this land, on account of the death of his father, as your Majesty will have been fully informed ere this. I will serve according to your Majesty's orders in the office of lieutenant-general of these islands with as much care as my strength will permit, until your Majesty may be pleased to order otherwise. I humbly beseech your Majesty that the method of procedure that is to be followed here be sent to this kingdom with the utmost despatch. May those who live here be granted reward, for they have served your Majesty with much


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 "I advise you not to touch me," and walked away to the forecastle.

Curtis descended to his cabin, and almost immediately returned with a loaded revolver in his hand.

For a moment Owen surveyed the captain with a frown of defiance; but at a sign from Jynxstrop he seemed to recollect himself, and, with the remainder of the men, he returned to his work.

4.—The first attempt at mutiny being thus happily suppressed, it is to be hoped that Curtis will succeed as well in future. An insubordinate crew would render us powerless indeed.

Throughout the night the pumps were kept, without respite, steadily at work, but without producing the least sensible benefit. The ship became so water-logged and heavy that she hardly rose at all to the waves, which consequently often washed over the deck and contributed their part toward aggravating our case. Our situation was rapidly becoming as terrible as it had been when the fire was raging in the midst of us; and the prospect of being swallowed by the devouring billows was no less formidable than that of perishing in the flames.

Curtis kept the men up to the mark, and, willing or unwilling, they had no alternative but to work on as best they might; but in spite of all their efforts, the water perpetually rose, till, at length, the men in the hold who were passing the buckets found themselves immersed up to their waists, and were obliged to come on deck.

This morning, after a somewhat protracted consultation with Walter and the boatswain, Curtis resolved to abandon the ship. The only remaining boat was far too small to hold us all, and it would therefore be necessary to construct a raft that should carry those who could not find room in her. Dowlas, the carpenter, Mr. Falsten, and ten sailors were told off to put the raft in hand, the rest of the crew being ordered to continue their work assiduously at the pumps, until the time came and everything was ready for embarkation.


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 for the governor of the Philipinas to have these accounts taken. They shall be taken by Doctor Antonio de Morga. The results shall be sent to this council, with an account of everything that is done, and his opinion of what is meet to be done. A complete report shall be made of the royal property in that treasury."]

[Endorsed: "Considered May 27, 1596. Decree enclosed."]

This is a true and faithful copy taken from a royal decree and issued by the royal Council of the Indias, which Doctor Antonio de Morga, assessor and lieutenant to the governor in the judicial cases in these Ffilipinas Islands, presented before Don Luis Perez Dasmariñas, governor and captain-general thereof. Its contents are as follows:

Don Felipe, by the grace of God king of Castilla, [here follows the usual list of his dignities and titles]:

Appreciating what you, Doctor Antonio de Morga, have done in my service, and your good qualities, learning, and efficiency, it is my will to choose and appoint you as I hereby do, my assessor and lieutenant to my governor and captain-general of the Filipinas, in place of Licentiate Pedro de Rojas, who at present serves in said office, and whom I have promoted as criminal alcalde of my royal Audiencia of the City of Mexico. It is my will that you be lieutenant-general of said governor and captain-general, with jurisdiction in affairs of government and war, to act as such; and, for the time that I may so desire, you shall exercise said offices in the affairs and cases which may arise in said islands, and relating to and bearing on them, in the fulness and manner exercised


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 to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:

 * Provided that nothing in this clause shall apply to a Money Bill.

 * (2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days.

 * (3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly.

 * (4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses:

 * Provided that at a joint sitting—
 * (a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;
 * (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed;

 * and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.

 * (5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.

109. Special procedure in respect of Money Bills.—(1) A Money Bill shall not be introduced in the Council of States.

 * (2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States.

 * (3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.

 * (4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.

 * (5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.

110. Definition of “Money Bills”.—(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:—


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 I, Joan de Ybarra, secretary of our lord the king, have written this at his command.

Registered:

For the chancellor:

This commission and royal decree was entered in the books of the India House of Trade, of this city of Sevilla, on the eleventh of January in the year one thousand five hundred and ninety-three.

At Manila, the thirteenth day of June, of the year one thousand five hundred and ninety-five, before Don Luis Perez Dasmariñas, governor and captain-general of these Ffilipinas Islands, by order of our lord the king, and in the presence of me, the undersigned notary, Doctor Antonio de Morga presented this royal decree and petitioned for its execution. When the said governor heard this, he took the decree, kissed it, and placed it above his head, as a decree of his king and natural lord (may our Lord preserve him with increase of better kingdoms and seigniories!); and in token of his readiness to give commands in fulfilment of his Majesty's orders. Then the said governor took and received him on his oath before God, our Lord, and on a sign of the cross made by the right hand of the said Doctor Antonio de Morga, that he would execute his trust and office


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 ::(a) the imposition, abolition, remission, alteration or regulation of any tax;
 * (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
 * (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;
 * (d) the appropriation of moneys out of the Consolidated Fund of India;
 * (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
 * (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
 * (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

 * (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

 * (3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.

 * (4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.

111. Assent to Bills.—When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:
 * Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.

112. Annual financial statement.—(1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the “annual financial statement”.

 * (2) The estimates of expenditure embodied in the annual financial statement shall show separately—
 * (a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India; and
 * (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India,
 * and shall distinguish expenditure on revenue account from other expenditure.

 * (3) The following expenditure shall be expenditure charged on the Consolidated Fund of India—
 * (a) the emoluments and allowances of the President and other expenditure relating to his office;


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 care and fidelity; and if the land is not burdened with taxes, the maintenance and advancement of it are likely to bring about great improvements even in the neighboring kingdoms, to the service of God and of your Majesty.

I shall commence the residencia which your Majesty orders me to take in the case of Licentiate Pedro de Rojas, my predecessor, and of other ministers, as soon as these ships for Nueva España have sailed. In order not to hinder their despatch, it has seemed best to postpone this work; but by the first ships I shall do as your Majesty bids me in this matter.

I was inaugurated into my office as soon as I arrived at this city, and concerning the inauguration I send the accompanying report to your Majesty. As I have come so recently I give no report in detail as to what should be done in this region. From what I have seen, however, it seems to me that I ought to remind your Majesty of what I wrote from Mexico. Your Majesty's treasury in these islands has been administered at a great loss to your Majesty's exchequer, and it is very necessary for your Majesty to send someone to make investigations and set things in order for the future. In that way your Majesty will be enabled to meet the expenses incurred, without providing therefor from Nueva España, as is done now. Everything is greatly in arrears. May our Lord preserve the royal person of your Majesty for many long years, as is needed by universal Christendom, and as we your Majesty's servants desire. Manila, June 25, 1595.

[Order by the council: "Let a decree be issued