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 for their plunder. The sewers are there to-day; in fact the two alleys are nothing but the roofs of these enormous tunnels in which a man may walk upright the full distance of the block and into the Cherry Street sewer—if he likes the fun and is not afraid of rats. Could their grimy walls speak, the big canals might tell many a startling tale. But they are silent enough, and so are most of those whose secrets they might betray. The flood-gates connecting with the Cherry Street main are closed now, except when the water is drained off. Then there were no gates, and it is on record that the sewers were chosen as a short cut habitually by residents of the court whose business lay on the line of them, near a manhole, perhaps, in Cherry Street, or at the river mouth of the big pipe when it was clear at low tide. "Me Jimmy," said one wrinkled old dame, who looked in while we were nosing about under Double Alley, "he used to go to his work along down Cherry Street that way every morning and come back at night." The associations must have been congenial. Probably "Jimmy" himself fitted into the landscape.

Half-way back from the street in this latter alley is a tenement, facing the main building, on the west side of the way, that was not originally part of the Court proper. It stands there a curious monument to a Quaker's revenge, a living illustration of the power of hate to perpetuate its bitter fruit beyond the grave. The lot upon which it is built was the property of John Wood, brother of Silas, the builder of Gotham Court. He sold the Cherry Street front to a man who built upon it a tenement with entrance only from the street. Mr. Wood afterward quarrelled about the partition line with his neighbor, Alderman Mullins, who had put up a long tenement barrack on his lot after the style of the Court, and the Alderman

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 knocked him down. Tradition records that the Quaker picked himself up with the quiet remark, "I will pay thee for that, friend Alderman," and went his way. His manner of paying was to put up the big building in the rear of 34 Cherry Street with an immense blank wall right in front of the windows of Alderman Mullins's tenements, shutting out effectually light and air from them. But as he had no access to the street from his building for many years it could not be let or used for anything, and remained vacant until it passed under the management of the Gotham Court property. Mullins's Court is there yet, and so is the Quaker's vengeful wall that has cursed the lives of thousands of innocent people since. At its farther end the alley between the two that begins inside the Cherry Street tenement, six or seven feet wide, narrows down to less than two feet. It is barely possible to squeeze through; but few care to do it, for the rift leads to the jail of the Oak Street police station, and therefore is not popular with the growing youth of the district.

There is crape on the door of the Alderman's court as we pass out, and upstairs in one of the tenements preparations are making for a wake. A man lies dead in the hospital who was cut to pieces in a "can racket" in the alley on Sunday. The sway of the excise law is not extended to these back alleys. It would matter little if it were. There are secret by-ways, and some it is not held worth while to keep secret, along which the "growler" wanders at all hours and all seasons unmolested. It climbed the stairs so long and so often that day that murder resulted. It is nothing unusual on Cherry Street, nothing to "make a fuss" about. Not a week before, two or three blocks up the street, the police felt called upon to interfere in one of

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 these can rackets at two o'clock in the morning, to secure peace for the neighborhood. The interference took the form of a general fusillade, during which one of the disturbers fell off the roof and was killed. There was the usual wake and nothing more was heard of it. What, indeed, was there to say?

The "Rock of Ages" is the name over the door of a low saloon that blocks the entrance to another alley, if possible more forlorn and dreary than the rest, as we pass out of the Alderman's court. It sounds like a jeer from the days, happily past, when the "wickedest man in New York" lived around the corner a little way and boasted of his title. One cannot take many steps in Cherry Street without encountering some relic of past or present prominence in the ways of crime, scarce one that does not turn up specimen bricks of the coming thief. The Cherry Street tough is all-pervading. Ask Superintendent Murray, who, as captain of the Oak Street squad, in seven months secured convictions for, theft, robbery, and murder aggregating no less than five hundred and thirty years of penal servitude, and he will tell you his opinion that the Fourth Ward, even in the last twenty years, has turned out more criminals than all the rest of the city together.

But though the "Swamp Angels" have gone to their reward, their successors carry on business at the old stand as successfully, if not as boldly. There goes one who was once a shining light in thiefdom. He has reformed since, they say. The policeman on the corner, who is addicted to a professional unbelief in reform of any kind, will tell you that while on the Island once he sailed away on a shutter, paddling along until he was picked up in Hell Gate by a schooner's crew, whom he persuaded that he

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 was good enough. If we held the rest, the Turks were welcome to Warfare the tiny fraction on which they stood, till peace or Doomsday showed in Hejaz them the futility of clinging to our window-pane. i brushed off the same flies once more from my face patiently, content to know that the Hejaz War was won and finished with : won from the day we took Wejh, if we had had wit to see it. Then I broke the thread of my argument again to listen. The distant shots had grown and tied themselves into long, ragged volleys. They ceased. [strained my ears for the other sounds which I knew would follow. Sure enough across the silence came a rustle like the dragging of a skirt over the flints, around the thin walls of my tent. A pause, while the camel-riders drew up: and then the soggy tapping of canes on the thick of the beasts’ necks to make them kneel.

They knelt without noise : and | timed it in my memory: first the hesitation, as the camels, looking down, felt the soil with one foot for a soft place ; then the muffled thud and the sudden loosening of breath as they dropped on their fore-legs, since this party had come far and were tired ; then the shuffle as the hind legs were folded in, and the rocking as they tossed from side to side thrusting outward with their knees to bury them in the cooler subsoil below the burning ints, while the riders, with a quick soft patter of bare feet, like birds over the ground, were led off tacitly either to the coffee hearth or to Abdulla’s tent, according to their business. The camels would rest there, uneasily switching their tails across the shingle till their masters were free and looked to their stabling.

I had made a comfortable beginning of doctrine, but was left still to find an alternative end and means of war. Ours seemed unlike the ritual of which Foch was priest ; and I recalled him, to see a difference in kind between him and us. In his modern war—absolute war he called it—two nations professing incompatible philosophies put them to the test of force. Philosophically, it was idiotic, for while opinions were arguable, convictions needed shooting to be cured ; and the struggle could end only when the supporters of the one immaterial principle had no more means of resistance against the supporters of the other. It sounded like a twentieth-century restatement of the wars of religion, whose logical end was utter destruction of one creed, and whose protagonists believed that God’s judgement would prevail.


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 was a fanatic performing some sort of religions penance by his singular expedition. Over yonder, Tweed, the arch-thief, worked in a brush-shop and earned an honest living before he took to politics. As we stroll from one narrow street to another the odd contrast between the low, old-looking houses in front and the towering tenements in the back yards grows even more striking, perhaps because we expect and are looking for it. Nobody who was not would suspect the presence of the rear houses, though they have been there long enough. Here is one seven stories high behind one with only three floors. Take a look into this Roosevelt Street alley; just about one step wide, with a five-story house on one side that gets its light and air—God help us for pitiful mockery!—from this slit between brick walls. There are no windows in the wall on the other side; it is perfectly blank. The fire-escapes of the long tenement fairly touch it; but the rays of the sun, rising, setting, or at high noon, never do. It never shone into the alley from the day the devil planned and man built it. There was once an English doctor who experimented with the sunlight in the soldiers' barracks, and found that on the side that was shut off altogether from the sun the mortality was one hundred per cent, greater than on the light side, where its rays had free access. But then soldiers are of some account, have a fixed value, if not a very high one. The people who live here have not. The horse that pulls the dirt-cart one of these laborers loads and unloads is of ever so much more account to the employer of his labor than he and all that belongs to him. Ask the owner; he will not attempt to deny it, if the horse is worth anything. The man too knows it. It is the one thought that occasionally troubles the owner of the horse in the enjoyment of his prosperity,

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 The Arab motive This might do for France and Germany, but would not represent the British attitude. Our Army was not intelligently maintaining philosophic conception in Flanders or on the Canal. Efforts to make our men hate the enemy usually made them hate the fighting. Indeed Foch had knocked out his own argument by saying that such war depended on levy in mass, and was impossible with professional armies ; while the old army was still the British ideal, and its manner the ambition of our ranks and our files. To me the Foch war seemed only an exterminative variety, no more absolute than another. One could as explicably call it “ murder war.” Clausewitz enumerated all sorts of war. . . personal wars, joint-proxy duels, for dynastic reasons. . . expulsive wars, in party politics. . . commercial wars, for trade objects. . . two wars seemed seldom alike. Often the parties did not know their aim, and blundered till the march of events took control. Victory in general habit leaned to the clear- sighted, though fortune and superior intelligence could make a sad muddle of nature’s “‘ inexorable”’ law.

I wondered why Feisal wanted to fight the Turks, and why the Arabs helped him, and saw that their aim was geographical, to extrude the Turk from all Arabic-speaking lands in Asia. Their peace ideal of liberty could exercise itself only so. In pursuit of the ideal conditions we might kill Turks, because we disliked them very much; but the killing was a pure luxury. If they would go quietly the war would end. If not, we would urge them, or try to drive them out. In the last resort, we should be compelled to the desperate course of blood and the maxims of “ murder war,” but as cheaply as could be for ourselves, since the Arabs fought for freedom, and that was 4 pleasure to be tasted only by a man alive. Posterity was a chilly thing to work for, no matter how much a man happened to love his own, or other people’s already-produced children.

At this point a slave slapped my tent-door and asked if the Emir might call. So I struggled into more clothes, and crawled over to his great tent to sound the depth of motive in him. It was a comfortable place, luxuriously shaded and carpeted deep in strident rugs, the aniline-dyed spoils of Hussein Mabeirig’s house in Rabegh. Abdulla passed most of his day in it, laughing with his friends, and playing games with Mohammed Hassan, the court jester. I set the ball of

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text:
Author:Elmer Rice

Works

 * Wake Up, Jonathan! (1921) with Hatcher Hughes
 * The Adding Machine (1923)
 * Close Harmony (1929) with Dorothy Parker
 * [Pulitzer]
 * Street Scene (1946), opera with music by Kurt Weill and lyrics by Langston Hughes

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text:
Author:Fujiwara no Atsutada

Works

 * Gosen Wakashū (as contributor)
 * Gosen Wakashū (as contributor)

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195Rh Possession, which is one of the three things that Lao-Tze wishes us to forego, is certainly dear to the heart of the average Chinaman. As a race, they are tenacious of money—not perhaps more so than the French, but certainly more than the English or the Americans. Their politics are corrupt, and their powerful men make money in disgraceful ways. All this it is impossible to deny.

Nevertheless, as regards the other two evils, self-assertion and domination, I notice a definite superiority to ourselves in Chinese practice. There is much less desire than among the white races to tyrannize over other people. The weakness of China internationally is quite as much due to this virtue as to the vices of corruption and so on which are usually assigned as the sole reason. If any nation in the world could ever be "too proud to fight," that nation would be China. The natural Chinese attitude is one of tolerance and friendliness, showing courtesy and expecting it in return. If the Chinese chose, they could be the most powerful nation in the world. But they only desire freedom, not domination. It is not improbable that other nations may compel them to fight for their freedom, and if so, they may lose their virtues and acquire a taste for empire. But at present, though they have been an imperial race for 2,000 years, their love of empire is extraordinarily slight.

Although there have been many wars in China, the natural outlook of the Chinese is very pacifistic. I do not know of any other country where a poet would have chosen, as Po-Chui did in one of the poems translated by Mr. Waley, called by him The Old Man with the Broken Arm, to make a hero of a recruit who maimed himself to escape military service.


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T was upon no such bright themes as those of the Paradisaical era—it was upon no subjects so well adapted to the purposes of Poetry as those of the Patriarchal era—that the Hebrew Prophets employed themselves. It was far otherwise: leaving subjects of this order open and unoccupied to the genius of distant ages, these witness-bearing men, in long succession, addressed the men of their times upon matters of more immediate concernment, and in a mood and style adapted to the people with whom they had to do. If it be so—and on this point there can be no reasonable question—then it must be true in this instance, as in every similar instance, that a correct notion of the people who were so addressed, as to their degree of culture, as to their moral condition, and their social advancement, and as to their comparative intelligence, may with certainty be gathered from these remains of their literature:—the literature being regarded as the mirror of the national mind. Yet if we so regard it, and so use


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The reader combing a New York newsstand in mid-strike found considerable variety. In addition to stacks of high-priced Newark, Philadelphia, or Boston papers, he could also turn to a newly sprouted local press. There were three tabloids of sensational cast, a larger, well-printed tabloid, and two full-size papers, one somewhat British in appearance.

Of the six, four had come into being with the strike. All suffered from the handicaps that had afflicted strike-time newspapers in other cities—too-early dead- lines imposed by intricate production arrangements, understaffing, and lack of access to sources of news. Three were further handicapped by repeated use of sensationalism to compensate for lack of substance.

The six interim papers,—all sold primarily by newsstand—reached a maximum claimed circulation of about 1,750,000, or roughly a third of the circulation of regular papers. Sales on any given day fell far short of this total. With one exception, the interim papers failed also to capture any sizable portion of the regular newspapers’ advertising. They provided employment to perhaps 200 newspapermen; many times that number would willingly have served.

Here is a summary survey of the interim press:

Daily Report: This tabloid, which ‘appeared on December 10, was an English-language edition of Il Progresso Italiano-Americano. At its peak, it claimed press runs of 300,000. A thin paper throughout, it published its last edition on March 30, making it the longest-lived emergency paper.

Metropolitan Daily: A tabloid, it was an expanded edition of a neighborhood weekly, Town & Village (circulation 5,944). It appeared on December 10, staffed largely by Times men, who were gradually supplanted. In time, the paper came to assume the character of the Mirror. It closed on March 8.

Brooklyn and New York Daily: In existence for twelve years before the strike, the Brooklyn Daily raised its press runs from 38,000 to 400,000 in the first week of the strike. Bold and black, it attracted enough readers to lead the publisher to decide to continue city-wide circulation after the strike. It gained national attention among journalists when its editor was indicted for criminal libel after writing an editorial criticizing a judge.

Brooklyn Eagle: Although its city-wide distribution was limited, this latest reincarnation (1962) of a 6 Columbia Journalism Review


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 recommendations of his own. Their second was that the talks be off the record. The wall of secrecy was made so tight that even the other members of the Unity Committee were denied information about the precise positions of the printers and the publishers.

The first few days at City Hall were unusually fruitful. Mr. Powers indicated he would drop his pressure for an extra welfare contribution, thus cutting his minimum asking price to $13.75. The employers raised their money offer to $11.04, but the increase was hitched to a 26-month contract. Since all their calculations of what they could afford were based on a yardstick of 42 cents in new labor costs for each month, this was merely a new twist on the contract they had offered the deliverers Dec. 8.

Progress was made on the issue of using Teletypesetter tape for stock tables, even though the reluctance of the publishers to acknowledge specifically the printers' right to a share of savings presented an unresolved semantic hurdle. Just when a new optimism was taking hold, the talks started moving backward again on the 35-hour week.

Mr. Kheel, seeking to ward off a fresh impasse, came up with a novel formula for neutralizing the cost of the shorter week through a blend of overtime and wash-up time. Mr. Powers pronounced it ingenious but too complicated to sell to the members. Despite this objection, the mediator tried it out on the publishers. He bade them get out their pencils because it would be hard to understand.

At this Mr. Bradford told the Mayor that he was ind tired of the whole proceedings and could see no reason why the publishers had to keep wasting time by coming to City Hall.

"If that's the way you feel," Mr. Kheel exclaimed, "why don't you leave? Because if you don't I will. I certainly have got better things to do."

The other members of the employer committee Mrs. Schiff, Mr. Thayer and Mr. Flynn—did not join in the Bradford complaint. But after they had gone Mr. Kheel notified the Mayor that he was pulling out. The next day Orvil E. Dryfoos, president and publisher of The Times, visited the mediator at his home and assured him that the employers wanted him to stay. Mr. Kheel, in turn, told Mr. Dryfoos that it was very important that Mr. Bradford also remain in the negotiations.

'Printers' Leader Hard to Pin Down Despite the decision of both men to stay on the job, the momentum went out of the City Hall talks in the second week. Part of the explanation was that Mr. Powers backtracked on some of the commitments he had seemed willing to volunteer on the use of tape and on money. These retreats impelled Mr. Kheel to describe him as "a jitterbug bargainer —he giveth and he taketh away."

Throughout the negotiations complaints were frequent from mediators, the employers and other unionists that Mr. Powers changed his mind so often on what he was prepared to do that no valid assessment of his goals ever could be made.

Another explanation for the slackening of the Wagner mediation efforts was that the parent I.T.U. had scheduled a national referendum among its 115,000 members on a 3 per cent wage assessment to replenish its defense fund, emptied by the cost of benefits for the New York and Cleveland strikers. The fund was already more than $2,000,000 in debt to I.T.U. locals for loans made to prevent aa suspension of benefit payments,

A referendum in mid-October to prepare for the walkouts by raising the fund's minimum reserve from $500,000 to $5,000,000 had been defeated by a margin of 53,880 to 21,524. With the new vote set for Feb. 6 and with the union's solvency dependent on approval, there was a general feeling at City Hall that no settlement could be expected until the referendum was over.

During this period of drift, ill-feeling between Mr. Powers and some of his associates on the Unity Committee kept bubbling to the surface. Leaders of the other unions charged that Big Six was deliberately stalling in the negotiations because even the prospect of an early settlement might undermine support for the assessment. Mr. Powers replied that all the delay was on the publishers' side and that he was as eager as ever for an agreement.

One night, when a long wait for Mr. Powers to emerge from a session with the employers had left the committee's nerves edgy, its members spotted him walking down the corridor, with his overcoat on. Joseph Baer of the deliverers' union, a stocky, muscular man, a head shorter than Mr. Powers, rushed out to stop his exit. He caught him near the rotunda, blocked his passage with a restraining hand and upbraided him for not having the courtesy to inform the other unions what had happened. Mr. Powers turned back quietly and assured the group that the only reason he had not come in was that nothing of moment had developed at the long meeting.

Irritations also made themselves felt in the publishers' councils, but they were mostly over the slowness with which agreement came on any shift in bargaining position, even on minute issues. The head of one morning newspaper said to another, as they left a particularly enervating session at the Publishers Association: "That was like trying to move around in a barrel of molasses."

However, differences on basic matters were infrequent. "If Powers had come in for a slow landing and tempted us more, he might have created more division," one executive observed later, "He was always too far away."

'Nearly $120 a Week Assured Strikers The Feb. 6 referendum resulted in authorization of the assessment by 62,913 to 21,869. The union benefits, coupled with the availability after the strike's eighth week of state unemployment insurance payments, gave the average striker an assured income of just over $120 a week. This was comparable to his normal take-home pay when working. The newspapers had received an estimated total of $2,250,000 in strike insurance payments in the early stages of the shutdown, but these payments had ceased before the union referendum. The News did not share in the insurance payments.

With the union vote no longer a hazard, the Mayor


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 COPYRIGHT 1922 BY THE PENN PUBLISHING COMPANY


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 the tops of high cliffs overhanging the sea and over the Misaki-togé or Pass of the Three Promontories. Owing to the hills all round, the view of Chôkaisan, one of the highest mountains of Japan, is constantly changing, and although the mountain is clearly seen from a long distance back, yet it is only when drawing near Sakata that one obtains a good view of it, and of the chains of low hills stretching away from if, so as to form an accurate idea of these. The whole presents a curious sight.

The volcano Chôkaisan, which the natives of the place are fond of likening to Fujiyama, stands out boldly against the sky, rising up to a height of 8,000 feet and towering far above the low hills which surround it. Seen as we saw it, it forms as it were the centre of a circle of which only half is visible, or of a spider’s web, and from this centre three ridges, like the radii of a circle or the principal threads of a web, run westwards down to the sea and are continued out into it in three promontories, forming two bays, and thus giving the name of Misaki Togé to the Pass, whilst a fourth chain of hills extends in a south-easterly direction ending shortly above Sakata. Pilgrimages are made up Chôkaisan the mountain being ascended from Fukuura, a small village about 11 miles from Sakata.

The road all the way from Hirazawa is so pretty and the scenery so varied that the journey seems shorter than it really is, and thus when we reached the valley in which Sakata lies, and, entering it from the North close to the foot of Chokaisan rode through the whole length of it up to Sakata, we were not too fatigued to be able to enjoy the rich landscape spread out before us.

The valleys in Japan may appear to some monotonous and uninteresting. They may say that they are all so alike that the eye becomes wearied by constantly dwelling on the same views. But it is not so with a real admirer of Japanese scenery. True it is that these valleys possess in a great measure a certain similarity, and that apparently, to some, the same scene is often repeated. But these valleys are peculiar to the country, it is in them

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 that we find lurking the special charm attaching to Japanese scenery, and to us there is some new beauty in each peculiarly its own. However much the principal features of valley scenery are repeated, and it by no means follows that they always are, there is ever some new accessory of mountain, forest or river, which lends a special interest to each, and which is easily discernible by those who are in any way close observers of nature. Hirozaki, Kubôta, Sakata, and Murakami are all situated in valleys, but beyond a certain similarity which is always to be met with in the same geological formations the valleys in which these towns lie are far from being counterparts one of another. The valley of Kubota presents a striking contrast to the others on account of its vast extent, and in each of the three others the prominent features of the landscapes, not to speak of the positions of the towns which differ in each case, have a distinct individuality which forbids the idea of any monotony or sameness pervading them. We must plead guilty to a fondness for Japanese scenery. In spring when everything appears dressed in its brightest colours fairer landscapes are to be seen here perhaps than in any other country. In autumn there is also as much variety, and the many coloured tints which light up the hillsides and bring the woods out in their sombre richness of colouring have more attractions for some than the brighter views of springtime. But this is digressing.

The town of Sakata like all Japanese towns is a very straggling place. It holds about 12,000 inhabitants. Though a considerable trade is carried on in the place it has no meibutsu, nor is any special industry as far as we could learn carried on in it. The principal street deserves a word said about it. The houses forming it stand each in a separate enclosure, and as these enclosures are planted with evergreens and other trees, the effect is singular—giving the town the appearance rather of a big village than of a town.

When there we did not lose the opportunity of visiting the grave of Mr. Smith. The site chosen for it is a quiet

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60 happened the last time they were all out together. But what would his mother think if she knew? His mother! He dared not think of his mother or his father either at this time, and put them both resolutely out of his mind.

“Oh, say, Kinsella,” called Higby. “Do you remember that little red head in that Pacific Street joint that wanted you to run away to Chicago with her?”

“Do I?” replied the amused Kinsella, taking up the Martini that was just then served him. “She even wanted me to quit the hotel game and let her start me in a business of some kind. ‘I wouldn’t need to work at all if I stuck by her,’ she told me.”

“Oh, no, you wouldn’t need to work at all, except one way,” called Ratterer.

The waiter put down Clyde’s glass of Rhine wine and seltzer beside him and, interested and intense and troubled and fascinated by all that he heard, he picked it up, tasted it and, finding it mild and rather pleasing, drank it all down at once. And yet so wrought up were his thoughts that he scarcely realized then that he had drunk it.

“Good for you,” observed Kinsella, in a most cordial tone. “You must like that stuff.”

“Oh, it’s not so bad,” said Clyde.

And Hegglund, seeing how swiftly it had gone, and feeling that Clyde, new to this world and green, needed to be cheered and strengthened, called to the waiter: “Here, Jerry! One more of these, and make it a big one,” he whispered behind his hand.

And so the dinner proceeded. And it was nearly eleven before they had exhausted the various matters of interest to them —stories of past affairs, past jobs, past feats of daring. And by then Clyde had had considerable time to meditate on all of these youths—and he was inclined to think that he was not nearly as green as they thought, or if so, at least shrewder than most of them—of a better mentality, really. For who were they and what were their ambitions? Hegglund, as he could see, was vain and noisy and foolish—a person who could be taken in and conciliated by a little flattery. And Higby and Kinsella, interesting and attractive boys both, were still vain of things he could not be proud of—Higby of knowing a little something about automobiles—he had an uncle in the business—Kinsella of gambling, rolling dice even. And as for Ratterer and Shiel, he could see and had noticed for some time, that they were content with the bell-hop business—just continuing in that and

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 nothing more—a thing which he could not believe, even now, would interest him forever.

At the same time, being confronted by this problem of how soon they would be wanting to go to a place into which he had never ventured before, and to be doing things which he had never let himself think he would do in just this way, he was just a little disturbed. Had he not better excuse himself after they got outside, or perhaps, after starting along with them in whatsoever direction they chose to go, quietly slip away at some corner and return to his own home? For had he not already heard that the most dreadful of diseases were occasionally contracted in just such places—and that men died miserable deaths later because of low vices begun in this fashion? He could hear his mother lecturing concerning all this—yet with scarcely any direct knowledge of any kind. And yet, as an argument per contra, here were all of these boys in nowise disturbed by what was in their minds or moods to do. On the contrary, they were very gay over it all and amused—nothing more.

In fact, Ratterer, who was really very fond of Clyde by now, more because of the way he looked and inquired and listened than because of anything Clyde did or said, kept nudging him with his elbow now and then, asking laughingly, “How about it, Clyde? Going to be initiated to-night?” and then smiling broadly. Or finding Clyde quite still and thinking at times, “They won’t do more than bite you, Clyde.”

And Hegglund, taking his cue from Ratterer and occasionally desisting from his own self-glorifying diatribes, would add: “You won't ever be de same, Clyde. Dey never are. But we'll all be wid you in case of trouble.”

And Clyde, nervous and irritated, would retort: “Ah, cut it out, you two. Quit kidding. What's the use of trying to make out that you know so much more than I do?”

And Ratterer would signal Hegglund with his eyes to let up and would occasionally whisper to Clyde: “That’s all right, old man, don’t get sore. You know we were just fooling, that’s all.” And Clyde, very much drawn to Ratterer, would relent and wish he were not so foolish as to show what he actually was thinking about.

At last, however, by eleven o’clock, they had had their fill of conversation and food and drink and were ready to depart, Hegglund leading the way. And instead of the vulgar and secretive mission producing a kind of solemnity and mental or moral self-examination and self-flagellation, they laughed and talked as though there was nothing but a delicious form of amusement

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 retired spot in a corner of the graveyard of the principal temple of of Sakata, and there are only one or two recent graves in the immediate neighbourhood. The tomb is fenced in with a wooden railing, and a simple slab of stone with the name, age and residence in Japan of the deceased marks the head of the grave. We were conducted to the spot by the head-priest of the temple who seemed to take a certain pride in pointing out that every thing was kept in excellent order.

Murakami lies just at the point where the defile leads out into a broad valley which is shut in on the north and east sides, but is open on the west and south. Also an old castle town it has a very deserted appearance. The castle is in ruins, though some portions of it here and there are still standing. The Meibutsu of Murakami are Lacquer (though lacquer ware is not made here in any quantity) salmon and tea, the latter having improved much in quality during the last few years. A great deal of pine-wood from the adjacent forests is cut into lengths and sent to Niigata and even to Yedo to be made into chopsticks, so this may also be included among the Meibutsu.

Niigata is so well known that little need be said of the town itself. Everybody is aware what difficulties in the shape of insecure harborage and imperfect road communication with the capital have stood in the way of the development of its trade, and how, in spite of these drawbacks, the town has gradually increased. It is also known how much the town has gained by the appointment of the present governor, how a prison, a hospital, a school conducted on the new system, and barracks have sprung up, and with what good results the care bestowed in laying out new streets, in restoring the old ones, and in cleansing and improving the network of canals which intersects the town, has been attended.

Under the energetic administration of the present Governor the town has made evident progress, and if the necessary works which are required for the formation of a good harbour were only carried out, if the road

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 communication with Yedo was improved, and if the various resources of the neighbourhood were drawn out as they should be, it would not be long, we venture to predict, before Niigata took a leading place among the towns of Japan.

But it is expecting too much to suppose that all this will be done. Even the scheme for constructing a harbour will, it is to be feared, not be carried out. The townspeople are naturally anxious for the execution of a plan which, if successful,—which there is every reason to suppose it would be—must be of great benefit to their town. The local officials are for reasons of their own desirous of being entrusted with the direction of the works. The plans have been drawn up, the estimates begun long ago, should be finished by this time, but here the matter will probably rest. The development of the scheme presents certainly great difficulties, though not greater ones than modern engineering can surmount. But it necessitates a considerable sum of money, and money the Japanese Government are for various reasons chary of granting. The question will probably be indefinitely shelved, and if the Government ever do take it into their consideration, it will probably be only when it is too late to do any good, and the opportunity will thus have been lost.

Sado, which lies opposite to the mainland off Niigata, may be reached in two ways—either by going direct from Niigata to Yebisu the Northern Harbour, or by proceeding from Niigata to Teradomari—a village 30 miles south of Niigata and thence to the south-east point of the island. The former is the longer route by sea—being 40 miles,—but though by taking the latter route one saves half the distance by water, yet it involves a good day’s journey overland from Niigata to Teradomari.

The former may be said to be the preferable route at ordinary times, but in the stormy season the latter is the best. The Bay of Yebisu, the northern harbour of Sado, is a fine bay, being ten miles long with an average breadth of a mile, and affords good protection to shipping, so that in bad weather ships lying off

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text:
Author:Genchi Katō

Works

 * A Study of Some of the Oracles and Sayings in the Warongo Or Japanese Analects: A Contribution to the Science of Religion (1918)
 * A Study of Shintō: The Religion of the Japanese Nation (1926)

Translations

 * Kogoshūi: Gleanings From Ancient Stories (1926) by Inbe no Hironari

title: Author:Genchi Katō


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62 before them. Indeed, much to Clyde’s disgust and amazement, they now began to reminisce concerning other ventures into this world—of one particular one which seemed to amuse them all greatly, and which seemed to concern some “joint,” as they called it, which they had once visited—a place called “‘Bettina’s.” They had been led there originally by a certain wild youth by the name of “Pinky” Jones of the staff of another local hotel. And this boy and one other by the name of Birmingham, together with Hegglund, who had become wildly intoxicated, had there indulged in wild pranks which all but led to their arrest— pranks which to Clyde, as he listened to them, seemed scarcely possible to boys of this caliber and cleanly appearance—pranks so crude and disgusting as to sicken him a little.

“Oh, ho, and de pitcher of water de girl on de second floor doused on me as I went out,” called Hegglund, laughing heartily.

“And the big fat guy on the second floor that came to the door to see. Remember?” laughed Kinsella. ‘He thought there was a fire or a riot, I bet.”

“And you and that little fat girl, Piggy. ’Member, Ratterer?” squealed Shiel, laughing and choking as he tried to tell of it.

“And Ratterer’s legs all bent under his load. Yoo-hoo!” yelled Hegglund. “And de way de two of ’em finally slid down de steps.”

“That was all your fault, Hegglund,” called Higby from Kinsella’s side. “If you hadn’t tried that switching stuff we never woulda got put out.”

“I tell you I was drunk,” protested Ratterer. “It was the red-eye they sold in there.”

“And that long, thin guy from Texas with the big mustache, will you ever forget him, an’ the way he laughed ?” added Kinsella. ‘He wouldn’t help nobody ’gainst us. ’Member?”

“It’s a wonder we weren’t all thrown in the street or locked up. Oh, gee, what a night!” reminisced Ratterer.

By now Clyde was faintly dizzy with the nature of these revelations. “Switchin’.” That could mean but one thing.

And they expected him to share in revels such as these, maybe. It could not be. He was not that sort of person. What would his mother and father think if they were to hear of such dreadful things? And yet:

Even as they talked, they had reached a certain house in a dark and rather wide street, the curbs of which for a block or more on either side were sprinkled with cabs and cars. And at the corner, only a little distance away, were some young men

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 standing and talking. And over the way, more men. And not a half a block farther on, they passed two policemen, idling and conversing. And although there was no light visible in any window, nor over any transom, still, curiously, there was a sense of vivid, radiant life. Ome could feel it in this dark street. Taxis spun and honked and two old-time closed carriages still in use rolled here and there, their curtains drawn. And doors slammed or opened and closed. And now and then a segment of bright inward light pierced the outward gloom and then dis appeared again. Overhead on this night were many stars.

Finally, without any comment from any one, Hegglund, accompanied by Higby and Sheil, marched up the steps of this house and rang the bell. Almost instantly the door was opened by a black girl in a red dress. “Good evening. Walk right in, won't you?” was the affable greeting, and the six, having pushed past her and through the curtains of heavy velvet, which separated this small area from the main chambers, Clyde found himself in a bright and rather gaudy general parlor or reception room, the walls of which were ornamented with gilt-framed pictures of nude or semi-nude girls and some very high pier mirrors. And the floor was covered by a bright red thick carpet, over which were strewn many gilt chairs. At the back, before some very bright red hangings, was a gilded upright piano. But of guests or inmates there seemed to be none, other than the black girl.

“Jest be seated, won’t you? Make yourselves at home. I'll call the madam.” And, running upstairs to the left, she began calling: “Oh, Marie! Sadie! Caroline! They is some young gentlemen in the parlor.”

And at that moment, from a door in the rear, there emerged a tall, slim and rather pale-faced woman of about thirty-eight or forty—very erect, very executive, very intelligent and graceful-looking—diaphanously and yet modestly garbed, who said, with a rather wan and yet encouraging smile: “Oh, hello, Oscar, it’s you, is it? And you too, Paul. Hello! Hello, Davis! Just make yourselves at home anywhere, all of you. Fannie will be in in a minute. She'll bring you something to drink. I’ve just hired a new pianist from St. Joe—a negro. Wait’ll you hear him. He’s awfully clever.”

She returned to the rear and called, “Oh, Sam!”

As she did so, nine girls of varying ages and looks, but none apparently over twenty-four or five—came trooping down the stairs at one side in the rear, and garbed as Clyde had never seen any women dressed anywhere. And they were all laughing

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64 and talking as they came—evidently very well pleased with themselves and in nowise ashamed of their appearance, which in some instances was quite extraordinary, as Clyde saw it, their costumes ranging from the gayest and flimsiest of boudoir negligées to the somewhat more sober, if no less revealing, dancing and ballroom gowns. And they were of such varied types and sizes and complexions—slim and stout and medium—tall or short—and dark or light or betwixt. And, whatever their ages, all seemed young. And they smiled so warmly and enthusiastically.

“Oh, hello, sweetheart! How are you? Don’t you want to dance with me?” or “Wouldn’t you like something to drink?”

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 Niigata put in here for shelter, but it is unfortunately open on the north side and consequently in northerly gales, which are very prevalent during the winter months, vessels have to make for the Bay of Omi, a small harbour on the east coast, or for Futami Bay which is on the southern end of the island. At Yebisu there is a temple picturesquely situated on the crest of a steep hill, and from here to Aikawa, the locality of the mines, the scenery is tolerably pretty, and the road just before Aikawa is reached goes over a pass some 500 feet high.

Sado is well known on account of the gold mines to which it owes its importance. Aikawa the chief town of Sadô, and the head-quarters of the local administration, lies at the extreme south of the island. It has a population of 10,000 inhabitants, but the rest of the island is but thinly populated. The road connecting Aikawa with Yebisu, the small town from which the northern Bay takes its name, is the only decent road on the island, and we fear we must plead guilty to the charge of “damning with faint praise,” as all that can be said in its favour is that it might be worse. There are several villages at certain distances along this route, but the western and north-western portions of Sadô are mountainous and almost totally uncultivated.

From the fact of there being gold mines in Sado, one is naturally inclined to look for signs of a certain degree of prosperity among its inhabitants, but the reverse of this is the case. The villages are wretched and dirty in the extreme, and the people appear to be miserably poor. What natural wealth it possesses has done little for the island, if we may judge from outward appearances. Even Aikawa, which should be a rich thriving town, has the appearance of an ordinary fishing village. The upper part of the town where the Kencho and mining office are situated is not so bad, but in the lower town dirtiness and poverty prevail in a very marked degree, and the houses are mostly wretched hovels.

As a natural consequence labour is absurdly cheap in

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REPARED as Clyde was to dislike all this, so steeped had he been in moods and maxims antipathetic to anything of its kind, still so innately sensual and romantic was his own disposition and so starved where sex was concerned, that instead of being sickened, he was quite fascinated. The very fleshly sumptuousness of most of these figures, dull and unromantic as might be the brains that directed them, interested him for the time being. After all, here was beauty of a gross, fleshy character, revealed and purchasable. And there were no difficulties of mood or inhibitions to overcome in connection with any of these girls. One of them, a quite pretty brunette in a black and red costume, with a band of red ribbon across her forehead, seemed to be decidedly at home with Higby, for already she was dancing with him in the back room to a jazz melody most irrationally hammered out upon the piano.

And Ratterer, to Clyde’s surprise, was already seated upon one of the gilt chairs and upon his knees was lounging a tall young girl with very light hair and blue eyes. And she was smoking a cigarette and tapping her gold slippers to the melody of the piano. It was really quite an amazing and Aladdin-like scene to him. And here was Hegglund, before whom was standing a German or Scandinavian type, plump and pretty, her arms akimbo and her feet wide apart. And she was asking—with an upward swell of the voice, as Clyde could hear: “You make love to me to-night?” But Hegglund, apparently not very much taken with these overtures, calmly shook his head, after which she went on to Kinsella.

And even as he was looking and thinking, a quite attractive blonde girl of not less than twenty-four, but who seemed younger to Clyde, drew up a chair beside him and seating herself, said: “Don’t you dance?” He shook his head nervously. ‘Want me to show you?”

“Oh, I wouldn’t want to try here,” he said.

“Oh, it’s easy,” she continued. “Come on!’ But since he would not, though he was rather pleased with her for being agreeable to him, she added: “Well, how about something to drink then?”

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 Sado, and travelling therefore very inexpensive,—the charge for one coolie per day being 2$1⁄2$ sen.

The mines are within a short walk of the Mining Office and are prettily situated in high hills. The height of the highest of these hills is 1,100 feet, but the principal entrance to the mines is only 700 feet above the sea-level. The gallery which one enters here—the only one which can be explored comfortably—is fitted with a tramway, and extends for a distance of 300 yards with a slight ascent into the hill, when three dark and uninviting shafts are reached—one descending to the left—another to the right—and the third leading straight into the heart of the hill. This latter has been disused for some time, and has only lately been re-opened. We had sufficient respect for our clothes, in the absence even of other deterrent reasons, not to yield to any inducements which might be held out to us to prosecute our researches underground any farther, and indeed there were risks to be run which we little dreamt of when we committed ourselves to the care of our guides. Every now and then a huge truck full of ore would come rolling down the tramway on its way with its load to the mouth of the gallery, which forced our party to have recourse to a general ‘sauve qui peut’ in the nooks and crannies within reach, and inexperienced as we were, it was as much as we could do to save ourselves from annihilation by clinging closely to the sides of the subterraneous passage.

Since the time the mines were first opened they have been subject, at certain intervals, to inroads from water, and on the way from the mining office we passed several old shafts long since abandoned owing to this reason. From the primitive character of the old workings it naturally followed that from time to time casualties and loss of life resulted from the water coming in. What up to sixty years ago used to be the principal entrance to the mines, was at that date the scene of one of these catastrophes, when no less than 300 people are reported to have perished. That

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 in the face of these accidents and the danger attaching to mining operations conducted when modern appliances and engineering skill were as yet unknown, the works should have been proceeded with,—says something for the perseverance of the local Japanese, but probably their greed for gain induced them to overstep the bounds of prudence, and the very ignorance of the miners of the common laws on which engineering is based possibly made them underrate the dangers to which they were exposed.

Of late years the water has been gradually accumulating to such an extent as effectually to obstruct the working of the mines, and in some shafts, we were told, the water had attained a depth of 15 feet. With a view, therefore, to freeing the mines from this obstruction, a survey of them has been instituted, and the necessary plans and estimates are being prepared. The cost of removing this obstacle will it is said be very great, as it is calculated that it will take quite five years to get the mines into good working order, but it is also equally the general opinion that unless the requisite measures to this end are speedily put into execution the mines will eventually have to be abandoned, as they cannot otherwise be worked to advantage.

There is, however, a large quantity of ore on hand, enough, it is stated, to occupy two years in smelting. The new smelting works, which have only recently been completed, will thus come in very useful.

The tramway which was laid down three years ago for the conveyance of the ore from the mines to the town is still in existence, but the tramway system was not found to work well. Owing to the carelessness and ignorance of those in charge of the tramways, accidents were of constant occurrence, and moreover, labour being so cheap, it was found to be just as economical to employ manual labour. Another consideration which probably had some weight is that the conveyance of the ore in the old way from the mines gave occupation to a considerable number of people, and for this reason alone the tramways were very likely unpopular. Women are chiefly employed in the

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Page:Regal Rome, an Introduction to Roman History (1852, Newman, London, regalromeintrodu00newmuoft).djvu/16

2 world of the Mediterranean widely, writes concerning the Italian peninsula with a high-wrought admiration which equals that of Englishmen.

The district of Italy with which we are here principally concerned, was less favoured by nature than most other parts. The country of the Latins is in great measure now uninhabitable form malaria; indeed Cicero pronounced on Romulus the singular panegyric, that "he chose for his city a spot, which in a pestilent region was salubrious ." It is generally believed that this unhealthiness was far less in more ancient times, when Latium was thickly planted with towns, the number of which is apt to seem incredible. The highlands however are reported to be quite healthy, and the malaria on the lowlands is feared only in the dry season. The grass is luxuriant in spring and winter, and there is a good proportion of rich arable land. The extent of the Latin sea-coast, from the mouth of the Tiber to Circeii, is about fifty miles; the breadth of Latium from the coast to the Sabine Hills is estimated at thirty miles at most. Within this area, before the dawn of history, many Latin cities flourished in more than one confederation; and we are accustomed to think of them as of pure race; yet there is reason to believe that many mixtures of population had already occurred. To


text: Author:Jitō

title: Author:Jitō


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 only on shot ABLE. Sample kits of food and clothing were stored in normal storage spaces aboard Nevada, USS Arkansas (BB-33), USS Carteret (APA-70), and Saratoga. Test lots of over 150 items of food and clothing were exposed on the decks of 11 target vessels. Field equipment, lubricants, and fuels were exposed on four tank landing craft and on the concrete drydock, ARDC-13.

Aircraft parts were placed on the decks of target ships. Several types of wing panels made of various materials were secured to the decks. In addition, wing tanks, stabilizers, a P-47 fuselage, an altimeter, and several fire extinguishers were exposed. No aircraft parts were exposed on BAKER test (Reference C.9.206, p. 7.10).

Bureau of Aeronautics Group

The Navy Bureau of Aeronautics (BuAer) Group was responsible for providing, exposing, and inspecting Navy aircraft and aeronautical equipment. It also provided special instruments to be placed in the Navy F6F aircraft drones to determine radiation intensities and blast effects. Velocity and acceleration gauges were installed on various target aircraft located on the target ships. The BuAer group, berthed on Wharton and USS Avery Island (AG-76), was evacuated with the ships the day before each shot and planned to return to the lagoon the afternoon after each shot. Records of F6F drone aircraft reaction to the detonations were removed from the aircraft after they landed at Roi Island, Kwajalein, and aircraft were inspected for damage (Reference C.9.208, pp. 3.51 and 7.8).

Bureau of Ships Group

This group was responsible for preparing target ships (and certain non-target ships) to determine effects of the detonations on the ships and carrying out decontamination activities. The group prepared Op Plan 1-46 Annexes W and X entitled "Ship Preparation Plan" and "Rebounding and Inspection Plan," respectively. Readying the target ships for the tests took place initially in shipyards at Philadelphia; Terminal Island, Long Beach, California; San Francisco, California; Mare Island, Vallejo, California; Bremerton, Washington; and Pearl Harbor, Hawaii. Target ship crews did much of this work, both at Pearl Harbor and on site at Bikini.

Members of the Bureau of Ships (BuShips) Group were berthed on Wharton. They were aboard that ship when it sortied from Bikini the day before each test and returned after each test. Ship inspection began on 2 July after ABLE and on 26 July after BAKER. Interim repairs after ABLE to prepare ships for BAKER were completed by 5 July; however, ship inspections continued for several more days. The ship inspection program was broken into six categories: hull, ship stability, machinery, electrical, electronics equipment, and measurement of any change in magnetic fields within the ship. Inspection of ships after BAKER was hampered by radioactivity on the ships and in the lagoon. Five attack transports, one destroyer, two infantry landing craft, and four submarines were reboarded and manned in August and September and were sailed back to U.S. ports. The remaining target ships, however, were too contaminated to be boarded except for short visits and were towed to Kwajalein during August

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 of ore. They receive 4 sen a day and are supposed to make three or four trips to and fro in that time.

In spite of the high quality of the ore extracted from them, the cheapness of labour, and the favourable situation of the mines with regard to the town, it is yet a fact that the Sado mines are worked at a loss. On account of the smallness of the population, and owing also perhaps in a measure to that aversion to a change of locality which is common to all Japanese, all the inhabitants of the island are more or less related to each other, and thus if one obtains an official position, it is generally not long before his numerous relations are all similarly provided. Consequently the number of officials employed in the Mining Office and kenchô as compared with the amount of work to be done is perfectly ridiculous.

Not only do the mines not pay but they are a source of considerable expense to the Government. We actually heard it stated on good authority, the statement being subsequently confirmed on our return to Yedo, that in one year $60,000 worth of gold was forwarded to Yedo, but that in order to obtain this $75,000 were sent from the capital to meet the working expenses. Unless a radical reform be effected one can foresee only one result from a state of things like this.

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text:
Author:Samuel M. Giancana

Works

 * June 8, 1962 Daily Report by the FBI after the Assassination of President John F. Kennedy

title: Author:Samuel M. Giancana


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Page:Trustee Act 1925 (UKPGA Geo5-15-16-19 qp).pdf/17

 [15 17. No purchaser or mortgagee, paying or advancing money on a sale or mortgage purporting to be made under any trust or power vested in trustees, shall be concerned to see that such money is wanted, or that no more than is wanted is raised, or otherwise as to the application thereof.

18.—(1) Where a power or trust is given to or imposed on two or more trustees jointly, the same may be exercised or performed by the survivors or survivor of them for the time being.

(2) Until the appointment of new trustees, the personal representatives or representative for the time being of a sole trustee, or, where there were two or more trustees of the last surviving or continuing trustee, shall be capable of exercising or performing any power or trust which was given to, or capable of being exercised by, the sole or last surviving or continuing trustee, or other the trustees or trustee for the time being of the trust.

(3) This section takes effect subject to the restrictions imposed in regard to receipts by a sole trustee, not being a trust corporation.

(4) In this section “personal representative” does not include an executor who has renounced or has not proved.

19.—(1) A trustee may insure against loss or damage by fire any building or other insurable property to any amount, including the amount of any insurance already on foot, not exceeding three fourth parts of the full value of the building or property, and pay the premiums for such insurance out of the income thereof or out of the income of any other property subject to the same trusts without obtaining the consent of any person who may be entitled wholly or partly to such income.

(2) This section does not apply to any building or property which a trustee is bound forthwith to convey absolutely to any beneficiary upon being requested to do so.

20.—(1) Money receivable by trustees or any beneficiary under a policy of insurance against the loss or damage of any property subject to a trust or to a

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 [ settlement within the meaning of the Settled Land Act, 1925, whether by fire or otherwise, shall, where the policy has been kept up under any trust in that behalf or under any power statutory or otherwise, or in performance of any covenant or of any obligation statutory or otherwise, or by a tenant for life impeachable for waste, be capital money for the purposes of the trust or settlement, as the case may be.

(2) If any such money is receivable by any person, other than the trustees of the trust or settlement, that person shall use his best endeavours to recover and receive the money, and shall pay the net residue thereof, after discharging any costs of recovering and receiving it, to the trustees of the trust or settlement, or, if there are no trustees capable of giving a discharge therefor, into court.

(3) Any such money—
 * (a) if it was receivable in respect of settled land within the meaning of the Settled Land Act, 1925, or any building or works thereon, shall be deemed to be capital money arising under that Act from the settled land, and shall be invested or applied by the trustees, or, if in court, under the direction of the court, accordingly;
 * (b) if it was receivable in respect of personal chattels settled as heirlooms within the meaning of the Settled Land Act, 1925, shall be deemed to be capital money arising under that Act, and shall be applicable by the trustees, or, if in court, under the direction of the court, in like manner as provided by that Act with respect to money arising by a sale of chattels settled as heirlooms as aforesaid;
 * (c) if it was receivable in respect of property held upon trust for sale, shall be held upon the trusts and subject to the powers and provisions applicable to money arising by a sale under such trust;
 * (d) in any other case, shall be held upon trusts corresponding as nearly as may be with the trusts affecting the property in respect of which it was payable.

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 [15 (4) Such money, or any part thereof, may also be applied by the trustees, or, if in court, under the direction of, the court, in rebuilding, reinstating, replacing, or repairing the property lost or damaged, but any such application by the trustees shall be subject to the consent of any person whose consent is required by the instrument, if any, creating the trust to the investment of money subject to the trust, and, in the case of money which is deemed to be capital money arising under the Settled Land Act, 1925, be subject to the provisions of that Act with respect to the application of capital money by the trustees of the settlement.

(5) Nothing contained in this section prejudices or affects the right of any person to require any such money or any part thereof to be applied in rebuilding, reinstating, or repairing the property lost or damaged, or the rights of any mortgagee, lessor, or lessee, whether under any statute or otherwise.

(6) This section applies to policies effected either before or after the commencement of this Act, but only to money received after such commencement.

21. Trustees may deposit any documents held by them relating to the trust, or to the trust property, with any banker or banking company or any other company whose business includes the undertaking of the safe custody of documents, and any sum payable in respect of such deposit shall be paid out of the income of the trust property.

22.—(1) Where trust property includes any share or interest in property not vested in the trustees, or the proceeds of the sale of any such property, or any other thing in action, the trustees on the same falling into possession, or becoming payable or transferable may—
 * (a) agree or ascertain the amount or value thereof or any part thereof in such manner as they may think fit;
 * (b) accept in or towards satisfaction thereof, at the market or current value, or upon any valuation or estimate of value which they may think fit, any authorised investments;
 * (c) allow any deductions for duties, costs, charges and expenses which they may think proper or reasonable;

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 [ :(d) execute any release in respect of the premises so as effectually to discharge all accountable parties from all liability in respect of any matters coming within the scope of such release; without being responsible in any such case for any loss occasioned by any act or thing so done by them in good faith.

(2) The trustees shall not be under any obligation and shall not be chargeable with any breach of trust by reason of any omission—
 * (a) to place any notice or apply for any stop or other like order upon any securities or other property out of or on which such share or interest or other thing in action as aforesaid is derived, payable or charged; or
 * (b) to take any proceedings on account of any act, default, or neglect on the part of the persons in whom such securities or other property or any of them or any part thereof are for the time being, or had at any time been, vested;

unless and until required in writing so to do by some person, or the guardian of some person, beneficially interested under the trust, and unless also due provision is made to their satisfaction for payment of the costs of any proceedings required to be taken:

Provided that nothing in this subsection shall relieve the trustees of the obligation to get in and obtain payment or transfer of such share or interest or other thing in action on the same falling into possession.

(3) Trustees may, for the purpose of giving effect to the trust, or any of the provisions of the instrument, if any, creating the trust or of any statute, from time to time (by duly qualified agents) ascertain and fix the value of any trust property in such manner as they think proper, and any valuation so made in good faith shall be binding upon all persons interested under the trust.

(4) Trustees may, in their absolute discretion, from time to time, but not more than once in every three years unless the nature of the trust or any special dealings with the trust property make a more frequent exercise of the right, reasonable, cause the accounts of, the

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 [15 trust property to be examined or audited by an independent accountant, and shall, for that purpose, produce such vouchers and give such information to him as he may require; and the costs of such examination or audit, including the fee of the auditor, shall be paid out of the capital or income of the trust property, or partly in one way and partly in the other, as the trustees, in their absolute discretion, think fit, but, in default of any direction by the trustees to the contrary in any special case, costs attributable to capital shall be borne by capital and those attributable to income by income.

23.—(1) Trustees or personal representatives may, instead of acting personally, employ and pay an agent, whether a solicitor, banker, stockbroker, or other person, to transact any business or do any act required to be transacted or done in the execution of the trust, or the administration of the testator’s or intestate’s estate, including the receipt and payment of money, and shall be entitled to be allowed and paid all charges and expenses so incurred, and shall not be responsible for the default of any such agent if employed in good faith.

(2) Trustees or personal representatives may appoint any person to act as their agent or attorney for the purpose of selling, converting, collecting, getting in, and executing and perfecting insurances of, or managing or cultivating, or otherwise administering any property, real or personal, moveable or immoveable, subject to the trust or forming part of the testator's or intestate's estate, in any place outside the United Kingdom. or executing or exercising any discretion or trust or power vested in them in relation to any such property, with such ancillary powers, and with and subject to such provisions and restrictions as they may think fit, including a power to appoint substitutes, and shall not, by reason only of their having made such appointment, be responsible for any loss arising thereby.

(3) Without prejudice to such general power of appointing agents as aforesaid—
 * (a) A trustee may appoint a solicitor to be his agent to receive and give a discharge for any money or valuable consideration or property receivable by the trustee under the trust, by permitting the solicitor to have the custody

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The Regular April Meeting of the Society was held on Wednesday, the 14th, at 5 p.m. at the Imperial College, Yedo, in the Reception Room, which had been courteously tendered to the Society for the purpose by the Director, Y. Hatakeyama Esq.

The chair was taken by Prof. Murray Ph. D. who congratulated the members on the fact of holding a meeting of such a Society, for the first time, at the capital of an empire so progressive as that of Japan.

After reading the minutes of the last Meeting, the Secretary announced, as new members, Mr. Charles H. Dallas; Mons. Conil, and Professors, R. W. Atkinson, R. Smith, and D. Marshall. The donation of a case of Butterflies by H. Pryer Esq., was also announced, likewise the receipt of Journals of the Bombay Branch of the Royal Asiatic Society.

A motion was made by Dr. Murray and seconded by Dr. Antisell to the effect

“That the Council of the Society be requested to make arrangements for giving a reception to the officers, and especially the Scientific Corps, of H.M.S. Challenger.”

In the absence of the writer, the Hon. F. R. Plunkett read a paper “Notes of a Journey from Awomori to Niigata, and of a Visit to the mines of Sado,” by J. H. Gubbins, Esq.

Mr. Dallas spoke of the dialects heard in the region referred to in the paper as being very unlike the language spoken at Tokio; and promised to present an account of the Yonezawa dialect soon.

Dr. Antisell remarked that the description of the mountain ranges given in the paper was interesting. Although not acquainted with the region, yet he recognised in these ranges some similarity to the mountain systems of Yezo and farther north. In the northern part of the Empire there were two distinct ranges of hills; one coming directly from the north, a continuation of the chain in Karafto, which, after passing down south along the west shore of Yezo, is found in Dewa and farther South. The second system of mountains is that entering Yezo from the Aleutian isles and Kamschatka, runing N. 20–25 E. and S. 20–25 W. and crossing in places the first described system: it is from the existence and crossing of these chains that Yezo derives its quadrangular form. These two systems have very different mineral contents for their axes, the first has essentially a granitic and felspathic axis, produced perhaps by shrinkage, and is slow of decomposition of its minerals forming thin soils: the second has an axis plutonic or volcanic yielding basalts, traps, and diorites, decomposing readily, forming deep and rich soils; hence the different kinds of vegetation described by the writer as occurring on the slopes of the two chains. Where the two chains cross, also, there is found a rolling country closed up at the North and East by hills, valleys opening to the

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 [ : to produce, a deed having in the body thereof or endorsed thereon a receipt for such money or valuable consideration or property, the deed being executed, or the endorsed receipt being signed, by the person entitled to give a receipt for that consideration;
 * (b) A trustee shall not be chargeable with breach of trust by reason only of his having made or concurred in making any such appointment; and the production of any such deed by the solicitor shall have the same statutory validity and effect as if the person appointing the solicitor had not been a trustee;
 * (c) A trustee may appoint a banker or solicitor to be his agent to receive and give a discharge for any money payable to the trustee under or by virtue of a policy of insurance, by permitting the banker or solicitor to have the custody of and to produce the policy of insurance with a receipt signed by the trustee, and a trustee shall not be chargeable with a breach of trust by reason only of his having made or concurred in making any such appointment:

Provided that nothing in this subsection shall exempt a trustee from any liability which he would have incurred if this Act and any enactment replaced by this Act had not been passed, in case he permits any such money, valuable consideration, or property to remain in the hands or under the control of the banker or solicitor for a period longer than is reasonably necessary to enable the banker or solicitor, as the case may be, to pay or transfer the same to the trustee.

This subsection applies whether the money or valuable consideration or property was or is received before or after the commencement of this Act.

24. Where an undivided share in the proceeds of sale of land directed to be sold, or in any other property, is subject to a trust, or forms part of the estate of a testator or intestate, the trustees or personal representatives may (without prejudice to the trust for sale affecting the entirety of the land and the powers of the trustees for sale in reference thereto) execute or exercise any trust or power vested in them in relation to such

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 South and West. This volcanic chain is secondary in the district described, but in Yezo, and again in Kiusiu island, it attains great prominence.

In reply to a question of Mr. Schenk, Dr. Antisell also stated that the method of getting the gold out of the quartz, at the Sado mines, was by stamping—as in California—only that wooden stamps were used.

Reference having been made by Prof. Smith to the mode of getting rid of water, the Secretary stated that this, and the other processes, were exhibited in the model of the Sado mine which is in the Society’s Museum at Yokohama.

Mr. Syle questioned whether the low rate of wages mentioned in the paper—from 2$1⁄2$ to 4 sen a day—could include the labourer’s food; but Mr. Dallas supposed it might do so, because, in that region, coolies might he hired at 10 sen per diem; and only 3 rios a month were paid for school-teachers. In reply to Mr. Knipping he also stated that the native maps found in those parts, though not drawn to scale, were good and useful.

Dr. Murray remarked on the excellence of maps he had seen in and about Kiôto; and on the ingenious method employed of giving the heights of mountains by projecting an elevation of them in their site on the map.

As to the longitude marked on such maps, some gave it from Yedo and some from Kiôto.

The thanks of the Society were returned to Mr. Gubbins for his paper, and to Mr. Plunkett for his kindness in reading it; and the Secretary was instructed to convey to the authorities of the College the Society’s best acknowledgements for the courteous manner in which the use of the room where the Meeting was held, had been tendered.

The Meeting then separated.

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text: Transactions of the Asiatic Society of Japan/Series 1/Volume 3/Part 2/Notes of a Journey from Awamori to Niigata


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 [15 share in conjunction with the persons entitled to or having power in that behalf over the other share or shares, and notwithstanding that any one or more of the trustees or personal representatives may be entitled to or interested in any such other share, either in his or their own right or in a fiduciary capacity.

25.—(1) A trustee intending to remain out of the United Kingdom for a period exceeding one month may, notwithstanding any rule of law or equity to the contrary, by power of attorney, delegate to any person (including a trust corporation) the execution or exercise during his absence from the United Kingdom of all or any trusts, powers and discretions vested in him as such trustee, either alone or jointly with any other person or persons:

Provided that a person being the only other co-trustee and not being a trust corporation shall not be appointed to be an attorney under this subsection.

(2) The donor of a power of attorney given under this section shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor.

(3) The power of attorney shall not come into operation unless and until the donor is out of the United Kingdom, and shall be revoked by his return.

(4) The power of attorney shall be attested by at least one witness, and shall be filed at the Central Office within ten days after the execution thereof with a statutory declaration by the donor that he intends to remain out of the United Kingdom for a period exceeding one month from the date of such declaration, or from a date therein mentioned.

(5) The execution of any such instrument and statutory declaration shall be verified in such manner as is required by statute in the case of powers of attorney filed at the Central Office.

(6) If the power of attorney confers a power to dispose of or deal with land or a charge registered under the Land Registration Act, 1925, an office copy shall be filed at the land registry.

(7) The statutory declaration aforesaid and a statutory declaration by the donee of the power of

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 [ attorney that the power has come into operation and has not been revoked by the return of the donor shall be conclusive evidence of the facts stated in favour of any person dealing with the donee.

(8) In favour of any person dealing with the donee, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into operation or has become revoked by the act of the donor or by his death or otherwise, be as valid and effectual as if the donor were alive and of full capacity, and had himself done such act or executed such instrument, unless such person had actual notice that the power had never come into operation or of the revocation of the power before such act was done or instrument executed.

(9) For the purpose of executing or exercising the trusts or powers delegated to him, the donee may exercise any of the powers conferred on the donor as trustee by statute or by the instrument creating the trust, including power, for the purpose of the transfer of any inscribed stock, himself to delegate to an attorney power to transfer but not including the power of delegation conferred by this section.

(10) The fact that it appears from any power of attorney given under this section, or from any evidence required for the purposes of any such power of attorney or otherwise, that in dealing with any stock the donee of the power is acting in the execution of a trust shall not be deemed for any purpose to affect any person in whose books the stock is inscribed or registered with any notice of the trust.

(11) In this section trustee includes a tenant for life and a statutory owner. Indemnities.

26.—(1) Where a personal representative or trustee liable as such for—
 * (a) any rent, covenant, or agreement reserved by or contained in any lease; or
 * (b) any rent, covenant or agreement payable under or contained in any grant made in consideration of a rentcharge; or

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 [15 :(c) any indemnity given in respect of any rent, covenant or agreement referred to in either of the foregoing paragraphs; satisfies all liabilities under the lease or grant which may have accrued, or been claimed, up to the date of the conveyance hereinafter mentioned, and, where necessary, sets apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum which the lessee or grantee agreed to lay out on the property demised or granted, although the period for laying out the same may not have arrived, then and in any such case the personal representative or trustee may convey the property demised or granted to a purchaser, legatee, devisee, or other person entitled to call for a conveyance thereof and thereafter—
 * (i) he may distribute the residuary real and personal estate of the deceased testator or intestate, or, as the case may be, the trust estate (other than the fund, if any, set apart as aforesaid) to or amongst the persons entitled thereto, without appropriating any part, or any further part, as the case may be, of the estate of the deceased or of the trust estate to meet any future liability under the said lease or grant;
 * (ii) notwithstanding such distribution, he shall not be personally liable in respect of any subsequent claim under the said lease or grant.

(2) This section operates without prejudice to the right of the lessor or grantor, or the persons deriving title under the lessor or grantor, to follow the assets of the deceased or the trust property into the hands of the persons amongst whom the same may have been respectively distributed, and applies notwithstanding anything to the contrary in the will or other instrument, if any, creating the trust.

(3) In this section “lease” includes an underlease and an agreement for a lease or underlease and any instrument giving any such indemnity as aforesaid or varying the liabilities under the lease; “grant” applies to a grant whether the rent is created by limitation, grant, reservation, or otherwise, and includes an agreement for a grant and any instrument giving any such

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 [ indemnity as aforesaid or varying the liabilities under the grant; “lessee” and “grantee” include persons respectively deriving title under them.

27.—(1) With a view to the conveyance to or distribution among the persons entitled to any real or personal property, the trustees of a settlement or of a disposition on trust for sale or personal representatives, may give notice by advertisement in the Gazette, and in a daily London newspaper, and also, if the property includes land not situated in London in a daily or weekly newspaper circulating in the district in which the land is situated, and such other like notices, including notices elsewhere than in England and Wales, as would, in any special case, have been directed by a court of competent jurisdiction in an action for administration, of their intention to make such conveyance or distribution as aforesaid, and requiring any person interested to send to the trustees or personal representatives within the time, not being less than two months, fixed in the notice or, where more than one notice is given, in the last of the notices, particulars of his claim in respect of the property or any part thereof to which the notice relates.

(2) At the expiration of the time fixed by the notice the trustees or personal representatives may convey or distribute the property or any part thereof to which the notice relates, to or among the persons entitled thereto, having regard only to the claims, whether formal or not, of which the trustees or personal representatives then had notice and shall not, as respects the property so conveyed or distributed, be liable to any person of whose claim the trustees or personal representatives have not had notice at the time of conveyance or distribution; but nothing in this section—
 * (a) prejudices the right of any person to follow the property, or any property representing the same, into the hands of any person, other than a purchaser, who may have received it; or
 * (b) frees the trustees or personal representatives from any obligation to make searches or obtain official certificates of search similar to those which an intending purchaser would be advised to make or obtain.

22


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 [15 (3) This section applies notwithstanding anything to the contrary in the will or other instrument, if any, creating the trust.

28. A trustee or personal representative acting for the purposes of more than one trust or estate shall not, in the absence of fraud, be affected by notice of any instrument, matter, fact or thing in relation to any particular trust or estate if he has obtained notice thereof merely by reason of his acting or having acted for the purposes of another trust or estate.

29. A trustee acting or paying money in good faith under or in pursuance of any power of attorney shall not be liable for any such act or payment by reason of the fact that at the time of the act or payment the person who gave the power of attorney was subject to any disability or bankrupt or dead, or had done or suffered some act or thing to avoid the power, if this fact was not known to the trustee at the time of his so acting or paying:

Provided that—
 * (a) nothing in this section shall affect the right of any person entitled to the money against the person to whom the payment is made;
 * (b) the person so entitled shall have the same remedy against the person to whom the payment is made as he would have had against the trustee.

30.—(1) A trustee shall be chargeable only for money and securities actually received by him notwithstanding his signing any receipt for the sake of conformity, and shall be answerable and accountable only for his own acts, receipts, neglects, or defaults, and not for those of any other trustee, nor for any banker, broker, or other person with whom any trust money or securities may be deposited, nor for the insufficiency or deficiency of any securities, nor for any other loss, unless the same happens through his own wilful default.

(2) A trustee may reimburse himself or pay or discharge out of the trust premises all expenses incurred in or about the execution of the trusts or powers.

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 built of and upon the successful assertion of the truth that all men are created equal.

With what a shock did the story of yonder Madison Street alley come home to New Yorkers one morning, eight or ten years ago, when a fire that broke out after the men had gone to their work swept up those narrow stairs and burned up women and children to the number of a full half score. There were fire-escapes, yes! but so placed that they could not be reached. The firemen had to look twice before they could find the opening that passes for a thoroughfare; a stout man would never venture in. Some wonderfully heroic rescues were made at that fire by people living in the adjoining tenements. Danger and trouble—of the imminent kind, not the everyday sort that excites neither interest nor commiseration—run even this common clay into heroic moulds on occasion; occasions that help us to remember that the gap that separates the man with the patched coat from his wealthy neighbor is, after all, perhaps but a tenement. Yet, what a gap! and of whose making? Here, as we stroll along Madison Street, workmen are busy putting the finishing touches to the brown-stone front of a tall new tenement. This one will probably be called an apartment house. They are carving satyrs' heads in the stone, with a crowd of gaping youngsters looking on in admiring wonder. Next door are two other tenements, likewise with brown-stone fronts, fair to look at. The youngest of the children in the group is not too young to remember how their army of tenants was turned out by the health officers because the houses had been condemned as unfit for human beings to live in. The owner was a wealthy builder who "stood high in the community." Is it only in our fancy that the sardonic leer on the stone faces

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text:
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 the fairness, integrity or public reputation of judicial proceedings.’ ” United States v. Olano, – U.S. —, —, 113 S.Ct. 1770, 1781, 123 L.Ed.2d 508 (1993) (quoting United States v. Young, 470 U.S. 1, 15, 105 S.Ct. 1038, 1046, 84 L.Ed.2d 1 (1985)). Thus, we need not decide whether the error should be regarded as “structural” in nature and therefore not subject to harmless-error review, see Sullivan v. Louisiana, – U.S. —, —–—, 13 S.Ct. 2078, 2081–83, 124 L.Ed.2d 182 (1993), for even assuming that such harmless-error review applies, we cannot confidently say that the guilty verdict rendered on the substantive counts was not attributable to the erroneous charge. Accordingly, we conclude that defendants are entitled to a new trial on the substantive counts.

We have considered all of the government’s arguments in support of the judgments of conviction and have found them to be unpersuasive. The judgments are vacated; the case is remanded for a new trial on all counts.


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 seems to list that way? Or is it an introspective grin? We will not ask if the new house belongs to the same builder. He too may have reformed.

We have crossed the boundary of the Seventh Ward. Penitentiary Row, suggestive name for a block of Cherry Street tenements, is behind us. Within recent days it has become peopled wholly with Hebrews, the overflow from Jewtown adjoining, pedlars and tailors, all of them. It is odd to read this legend from other days over the door: "No pedlars allowed in this house." These thrifty people are not only crowding into the tenements of this once exclusive district—they are buying them. The Jew runs to real estate as soon as he can save up enough for a deposit to clinch the bargain. As fast as the old houses are torn down, towering structures go up in their place, and Hebrews are found to be the builders. Here is a whole alley nicknamed after the intruder, Jews' Alley. But abuse and ridicule are not weapons to fight the Israelite with. He pockets them quietly with the rent and bides his time. He knows from experience, both sweet and bitter, that all things come to those who wait, including the houses and lands of their persecutors.

Here comes a pleasure party, as gay as any on the avenue, though the carry-all is an ash-cart. The father is the driver and he has taken his brown-legged boy for a ride. How proud and happy they both look up there on their perch! The queer old building they have halted in front of is "The Ship," famous for fifty years as a ramshackle tenement filled with the oddest crowd. No one knows why it is called "The Ship," though there is a tradition that once the river came clear up here to Hamilton Street, and boats were moored along-side it. More likely it is because it is as bewildering inside as a crazy old ship, with its ups

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 and downs of ladders parading as stairs, and its unexpected pitfalls. But Hamilton Street, like Water Street, is not what it was. The missions drove from the latter the worst of its dives. A sailors' mission has lately made its appearance in Hamilton Street, but there are no dives there, nothing worse than the ubiquitous saloon and tough tenements.

Enough of them everywhere. Suppose we look into one? No.—Cherry Street. Be a little careful, please! The hall is dark and you might stumble over the children pitching pennies back there. Not that it would hurt them; kicks and cuffs are their daily diet. They have little else. Here where the hall turns and dives into utter darkness is a step, and another, another. A flight of stairs. You can feel your way, if you cannot see it. Close? Yes! What would you have? All the fresh air that ever enters these stairs comes from the hall-door that is forever slamming, and from the windows of dark bedrooms that in turn receive; from the stairs their sole supply of the elements God meant to be free, but man deals out with such niggardly hand. That was a woman filling her pail by the hydrant you just bumped against. The sinks are in the hallway, that all the tenants may have access—and all be poisoned alike by their summer stenches. Hear the pump squeak! It is the lullaby of tenement-house babes. In summer, when a thousand thirsty throats pant for a cooling drink in this block, it is worked in vain. But the saloon, whose open door you passed in the hall, is always there. The smell of it has followed you up. Here is a door. Listen! That short hacking cough, that tiny, helpless wail—what do they mean? They mean that the soiled bow of white you saw on the door down- stairs will have another story to tell—Oh! a sadly famil-

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 iar story—before the day is at an end. The child is dying with measles. With half a chance it might have lived; but it had none. That dark bedroom killed it.

"It was took all of a suddint," says the mother, smoothing the throbbing little body with trembling hands. There is no unkindness in the rough voice of the man in the jumper, who sits by the window grimly smoking a clay pipe, with the little life ebbing out in his sight, bitter as his words sound: "Hush, Mary! If we cannot keep the baby, need we complain—such as we?"

Such as we! What if the words ring in your ears as we grope our way up the stairs and down from floor to floor, listening to the sounds behind the closed doors—some of quarrelling, some of coarse songs, more of profanity. They are true. When the summer heats come with their suffering they have meaning more terrible than words can tell. Come over here. Step carefully over this baby—it is a baby, spite of its rags and dirt—under these iron bridges called fire-escapes, but loaded down, despite the incessant watchfulness of the firemen, with broken household goods, with wash-tubs and barrels, over which no man could climb from a fire. This gap between dingy brick-walls is the yard. That strip of smoke-colored sky up there is the heaven of these people. Do you wonder the name does not attract them to the churches? That baby's parents live in the rear tenement here. She is at least as clean as the steps we are now climbing. There are plenty of houses with half a hundred such in. The tenement is much like the one in front we just left, only fouler, closer, darker—we will not say more cheerless. The word is a mockery. A hundred thousand people lived in rear tenements in New York last year. Here is a room neater than the rest. The woman, a stout matron with

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