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 Areas near the equator were found to complete a revolution in 25 days, but they were seen to forge ahead of those regions in higher latitudes; 45 degrees north and south latitude, the rotation period is 27½ days; 60 degrees north and south latitude, the period is 31.2 days, and in 80 degrees north and south latitude, the period is 35.3 days. This alone can be regarded as proof that the sun's apparent surface is not solid but is either in a liquid or gaseous state.

A total eclipse of the sun is caused by the moon passing between the earth and the sun, and since the moon is apparently the same size as the sun in the heavens, it hides the bright face of this luminary from our view; but the long shadow which trails behind the moon must touch the earth. The shadow moves along a narrow strip as the earth revolves and only those who are in this shadow can see the sun totally eclipsed.

If the shadow of the moon does not quite touch the earth, the moon's disk does not quite cover the sun. Then the dark body of the moon is seen surrounded by a ring of light. This is called an annular eclipse.

In a partial eclipse, the sun's disk suddenly becomes indented on one side, the indentation slowly increasing for some time, and then diminishing until it disappears altogether.

Total solar eclipses are extremely infrequent in any one place because of the smallness of the cone of the moon's shadow. This shadow draws a black streak across the earth, which, under favorable circumstances, may have a breadth of a little more than 160 miles and a length of 10,000 to 12,000 miles. The width of the shadow depends upon the nearness of the moon for if its shadow just touches the earth, the streak will have no sensible width. A partial solar eclipse is visible 2,100 miles or more on either side

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 O Jenny! Jenny! replied I, and so went on with the twelfth chapter.

—"Not touch it for the world" did I say

Lord, how I have heated my imagination with this metaphor!

shews, let your reverences and worships say what you will of it (for as for thinking—all who do think—think pretty much alike, both upon it and other matters)

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


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Laurelia.] Carpels numerous; styles long, silky. Fruiting-perianth much enlarged and elongated, often quite 1 in. long, narrow-urceolate, splitting irregularly into 3–5 valves. Achenes 6–12, narrowed into long plumose styles.—Raoul, Choix, 42; ''Hook. f. Fl. Nov. Zel. i. 218; Kirk, Forest Fl.'' t. 71. Atherosperma novæ-zealandiæ, ''Hook. f. Handb. N.Z. Fl.'' 240.

Trees or shrubs, often aromatic. (Cassytha is a leafless parasitic climber.) Leaves alternate, rarely opposite, usually simple and entire, often gland-dotted; stipules wanting. Flowers regular, hermaphrodite or unisexual, generally small, usually in axillary cymes or panicles or clusters. Perianth inferior, herbaceous or coloured, deeply cut into 4–8 (usually 6) imbricate segments. Stamens usually twice the number of the perianth-segments, inserted in 2–3 series on the perianth-tube, all fertile or some reduced to stammodia; filaments flattened, naked or provided with 2 glands at the base; anther-cells 2–4, opening by upturned valves. Ovary free, 1-celled; style simple, terminal; stigma capitate, entire or lobed; ovuie solitary, pendulous, anatropous. Fruit a drupe or berry, rarely dry, free or enclosed in the perianth. Seed solitary, pendulous; albumen wanting; embryo with large plano-convex cotyledons, radicle minute, superior.

Trees or shrubs. Leaves alternate or opposite, penninerved. Flowers small, hermaphrodite, panicled or fascicled. Perianth-tube short; limb with 6 subequal segments. Perfect stamens 9 in 3


text: Manual of the New Zealand Flora/Monimiaceæ


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text: The Life and Opinions of Tristram Shandy, Gentleman/Volume 8/Chapter 12


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 is certainly, at least alphabetically speaking, one of the most

indent=1|* gitating

ewitching

onfounded

evilish affairs of lifethe most

xtravagant

utilitous

alligaskinish

andy-dandyish

racundulous (there is no K to it) and

yrical of all human passions: at the same time, the most

isgiving

innyhammering

bstipating

ragmatical

tridulous

idiculous—though by the bye the


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 R should have gone first—But in short, 'tis of such a nature, as my father once told my uncle Toby upon the close of a long dissertation upon the subject—"You can scarce," said he, "combine two ideas together upon it, brother Toby, without an hypallage"—What's that? cried my uncle Toby.

The cart before the horse, replied my father

—And what has he to do there? cried my uncle Toby

Nothing, quoth my father, but to get inor let it alone.

Now widow Wadman, as I told you before, would do neither the one or the other.


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text: 20 Hrs. 40 Min.

title: 20 Hrs. 40 Min.


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T was in the year 18—, and while residing in the garret of a house in Berlin, that I was awakened on one Sunday morning by the ringing of the church bells, and on collecting my drowsy senses, I felt a cold shudder pass over me on recalling to mind that this was my thirty-ninth birthday. The youth of nineteen looks with eagerness to the freedom of twenty-one—for ere that period his whole existence seems narrow and unripe; nine-and-twenty moves on with a thoughtful mien to thirty, for then all the spangles and glitter of life are probably worn off; but worst of all is it to enter on one’s fortieth year, unblest with lucrative employment or a beloved helpmate. Such a fate was mine, though certainly none of my own making; and I, therefore, determined, that so long as I was a member of the order of bachelors, it was unnecessary to acknowledge beyond nine-and-thirty. With this desperate resolve, I arose, and selected my Sunday attire with some care, although my soul was oppressed with bitter sorrow. Thirty-nine, and yet only a poor theological student, unmarried, without a prospect of any lucrative situation—for I had not yet been even able to attain the arduous station of teacher in a public school. To what purpose all my hoarded knowledge, my thirty years’ patient study, my exemplary conduct through life? I had neither relatives nor patrons; day after day I was hastening from street to street, giving private lessons to enable me to support my sad and friendless existence; and in my leisure hours, I was compelled to turn author, made almanacks, and contributed to numerous petty journals. Ah, it was hard work, when booksellers paid me in copper coin for the pictured paradise of my muse, while others, who had not laboured half so hard as myself, were rejoicing in a golden harvest. Oh, the heavenly dreams of my youth, how had they all vanished! Ah, the beloved Frederica!—how needless was it that she should remain true, doomed as she was to wither like an Alpine flower in maiden solitude! Tears gushed to my eyes with this last thought, and yielding to my sorrow, I wept like a very child.

Frederica had been for eight years my promised bride. She was poor as myself in worldly wealth, being the daughter of a counsellor of Berlin, who died shortly after becoming a bankrupt; and as her mother’s circumstances were too humble to allow her daughter to reside with her, the dutiful maiden, in her anxiety to assist her needy parent, obtained a place as domestic in a family, where, although treated with the greatest kindness, she still felt her depressed condition.

yielding to these mournful reflections, during the operation of dressing, a tap was heard at my door, and the letter-carrier entered and handed me a huge package, for which he charged five pence, a large amount from the purse of a poor student. Throwing myself into a chair, I gazed for some minutes on the unknown superscription, examined the seal, and peeped into the folds of the letter, as well to repress my ungovernable curiosity as, perhaps, to give full play to the delicious hope which its contents were probably doomed to overthrow. The question was, whether I should immediately open it or delay the perusal until the next day—for one must acknowledge that a man is apt to be superstitious when suffering beneath a succession of misfortunes, and it seemed to me that the reception of bad tidings on my birthday would throw a dark shadow over the whole succeeding year. At length, defying fate and banishing fear, I equipped trembling doubt with the armour of valiant resolution, and breaking the seal, read on until my eyes were blinded with tears. Then laying the letter aside, I made an effort to recover myself, read it once more, and falling on my knees, poured out a torrent of gratitude to my Heavenly Benefactor for a most unexpected blessing. The above-mentioned letter was from my most influential friend, a merchant of Frankfort, in whose family I had formerly resided as tutor. By chance, or rather, I should say, through the interest of this kind friend—for there is no such thing as chance in God’s world—I now received the appointment of curate to the patrimonial estate of Count with a salary of seven hundred florins, the use of house, garden, firewood, and, —14


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HAT gave me most pleasure in my late military achievement, was the fact that I had not shed a drop of a fellow-creature’s blood. Certainly this was not owing to any individual merit of mine, and yet I suspect that the exploits of our greatest generals are quite as doubtful when viewed in the light of truth. Often, in some great onset, the lucky thought of a lieutenant, the bon-mot of a corporal, or the accidental saying of a private, has more effect in determining the chance of a battle than is usually suspected. Would that we could read accounts of the conflicts of Marathon, Pharsalia, Marengo and Jena, as written by an omniscient being, to prove the truth of my assertion. At daybreak we were ready for decampment. The weather proved exceedingly cold, but our commander significantly observed that we would probably have a hot day of it, since, according to the statements of the peasants, troops of the enemy hovered in every direction, and it was therefore determined, in a council of war, that we should defile through the woods by by-paths.

Scarcely had we left the village, when, lo! just before us, and issuing from the very direction we were about to take, marched a detachment of the French troops. Our general was noways disconcerted, but with admirable coolness made his arrangements for the encounter, and set his little army in battle array—the right wing leaning towards a ditch, under the hussar, the left near an old walnut tree, with myself at its head.

“And now, comrades,” said he, “remember this day that you are Prussians; and since we boast no banner, follow the white plume of your commander, and be assured that it shall ever be seen in the thickest of the combat.”

This speech reminded me of Henry the Fourth, who made a similar one under less critical circumstances.

“If our small host cannot conquer,” continued he, “let us at least determine that we will not be vanquished. The worst that can befall us is, to sup to-night with Ziethen, Schwerin, Winterfield and Frederic the Great, instead of at some wretched village.”

Leonidas spoke not with greater emphasis when he addressed his devoted Spartans at the dread pass of Thermopylæ, than did our valorous chief; and yet our troops appeared to enjoy the prospect of an earthly supper of pork and turnips, however common it might be, more than the view of a festal board, though spread in the fields of Elysium; and for myself, a crust of bread from Frederica’s hand had been sweeter than ambrosia itself, though quaffed in the society of all the heroes of antiquity.

It was a fearful spectacle, to watch the long column of the enemy as it slowly advanced over the stubble-fields; and as I stood at my post near the walnut tree, it seemed as though every limb had become suddenly palsied, and judging from the countenance of the hussar who had charge of the left wing, where his four trumpeters were blowing their loudest blasts, I suspect that he was in a similar condition with myself.

A moment before the conflict commenced, Charles the Great dashed towards me, and hurriedly exclaimed, “Adjutant-general, I feel that on this day your valour will show itself in its full extent; but, let me entreat of you, do not yield to the impetuosity of your feelings. Be prudent amid your enthusiasm; and should I fall in the conflict, take immediate command of the army, and drawing back to the village we have just left, maintain your ground there even to the last man!” Then setting spurs to his horse, he left me, unfortunate man that I was, to the misgivings of my agitated mind.

In the meanwhile, Queen Bess had attempted to make a precipitate movement to the rear of the ditch, but probably interfering with some of the hussar’s evolutions, she was forced with her brandy casks directly in view of the enemy’s fire, and thus, by this accidental movement, as I shall presently explain, an unfortunate issue was given to the combat ere it had really commenced.

at that moment, when our thirsty troops were watching the safe locomotion of the wagons which contained their spirituous treasure, the enemy fired their first cannon upon us. Sad to tell, the ball found its way direct into the largest brandy cask, and as the nectar gushed out in a crystalline —19


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 ing their swords, they rushed out to the assembled troops, while I slowly followed. It was really well that I was in the background, and therefore not observed; for, although not generally fearful, I seemed now as if struck with a panic. It may have been that I am naturally more timid at evening than in broad daylight.

Suddenly I was aroused from my terror by the voice of my commander—“Adjutant-general, march with twenty men to the churchyard, for our post is there attacked. We will remain here, as it seems only a skirmish; but if needs be, send for succour.”

It was fortunate that my courage was not called in question, for self-respect restored it to me; till, when we reached the churchyard, all again became suddenly black before my eyes, and taking the old wall, covered with dry briars, for French troops, and the thorns for bayonets, I sprung aside, while calling aloud, “Take aim—fire!”

The flash of the powder immediately discovered to us that we were waging battle against a wall, but at the same moment there was a cry of “pardon! pardon!” from the opposite side, and seven French infantry crept under the wall, where they had been concealed, and laid their arms at my feet. The fools—if they had but kept quiet, they would have entirely escaped observation. My prisoners were speedily disarmed and conducted to head-quarters; and it may be supposed that it was not without some honest pride that I presented myself before my commander-in-chief. He embraced me most cordially in the sight of the whole army, adding, “Adjutant, your courage and prompt action have done you honour; and be assured that you shall be speedily reported to his majesty the king.”

From our prisoners we learned that a corps of French artillery was stationed in the adjacent village; that seeking for fuel they were surprised to find a numerous band of Prussians in the neighbourhood, as they were led to believe us much larger than we really were, from the number of our guard and the noise made by our drums and trumpets; and that in their sudden retreat the seven captives had been unfortunately taken. In my exultation, I treated the vanquished with every thing that our stores allowed, and the poor fellows really seemed to enjoy their good luck, and freely informed me that the whole corps were then on their way from Saxony to Berlin, under the command of Marshal Davoust. I mentioned this fact to my general, who, flushed by our great achievement, rubbed his hands, exclaiming, with exultation—“Aha, we are certainly on the rear of Napoleon’s army,” while the hussar hung down his head and became pale with terror.


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 future prospects and in mutually agreeing that an immediate marriage was absolutely necessary after the already published bans, while I determined to write that very day to Frankfort on the Maine, and make inquiry concerning the ex-count and the much-needed curacy.

By the closest economy Frederica had saved one hundred dollars from the scanty wages of gone-by years; this, she declared, would keep us going for some time, and I suggested that if the worst came and no curacy could be had, I could readily open a private school; and, at any rate, we felt that with only bread and water, if shared in company, we could be perfectly happy.

While thus, amid utter poverty, we chatted gaily together, she boasting of her skill in concocting cheap soups, I calculating the income that must certainly ensue to an industrious teacher, something was heard to strike against the board-stand behind the chaise, and on looking out I found that it was a bright Louisd’or which had just found its way to the ground. “You had almost lost it, Frederica,” I smilingly observed, as I sprang in, after taking possession of the precious coin.

“I had no gold about me to lose, Ferdinand,” was her reply, as she looked wonderingly on the piece of money.

With this assurance I quietly pocketed the same as a sort of recompense for my services as driver to its probable owner, the attachè.

Presently we heard another clink, and again a Louisd’or was found. “Some good fairy has taken us under her especial favour,” I observed to my companion as, seizing on the treasure, I searched in vain for its companion. None was to be seen, and so we quietly jogged on until the mysterious game was for the third time played, and another Louisd’or was revealed.

“There must be something wrong about this chaise,” was my sudden thought, and on making search I perceived a fourth coin which was just about issuing through a small crevice in one corner of the chaise box, which proved to be our gold mine. With some slight effort of strength I succeeded in breaking it open, and found that the noise and continual rattling which I had supposed to proceed from some secret spring or chain, was really a bag of gold, which had become worn into holes by the constant movement of the chaise. Other bags, but closely fastened, were within the box, and on being handled, seemed to be filled with similar contents.

How my predecessor of the chaise had come into possession of so much gold, or whether it was really his, I know not, but Frederica and I mutually agreed that we had no right to a cent of the same; that it was far more than we, with our modest desires, could ever need, and that our first duty must be to advertise for its owner. With these observations, we made the contents more sure, carefully closed the box, and continued our journey as if nothing especial had taken place.

At length the ride was ended, and Frederica’s loving mother received and embraced us both with tears and blessings. The treasure was given over to her safe keeping; a full advertisement of chaise, horses and money was written out and despatched to the Gazette office, whence it was issued during several months, but no one came forward to lay claim to the property, and it necessarily became my own.

And thus my adventures have reached a most happy termination, for, besides being blest with the possession of a most amiable, faithful and lovely wife, I found myself richer in worldly goods than even in my most sanguine moments I had hoped to be. After sending a generous remuneration to my Berlin friend for his lost equipage, I wrote a letter declining the expected curacy, and purchased a beautiful little country-seat, with its tasteful cottage completely embowered in linden and chestnut trees, and just large enough to afford free space to my wife, my wife’s mother, and myself—which three were the first inmates of that earthly paradise.


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'''Exodus 28:8 make curtains of finely spun linen, a hundred cubits long on one side, with twenty posts and twenty bronze bases, and silver hooks and bands on the posts.

Likewise there are to be curtains on the north side, a hundred cubits long, with twenty posts and twenty bronze bases, and with silver hooks and bands on the posts. The curtains on the west side of the courtyard shall be fifty cubits wide, with ten posts and ten bases.

The east side of the courtyard, toward the sunrise, is to be fifty cubits wide. Make the curtains on one side fifteen cubits long, with three posts and three bases, and the curtains on the other side fifteen cubits long, with three posts and three bases.

The gate of the courtyard shall be twenty cubits long, with a curtain embroidered with blue, purple, and scarlet yarn, and finely spun linen. It shall have four posts and four bases.

All the posts around the courtyard shall have silver bands, silver hooks, and bronze bases. The entire courtyard shall be a hundred cubits long and fifty cubits wide, with curtains of finely spun linen five cubits high, and with bronze bases. All the utensils of the tabernacle for every use, including all its tent pegs and the tent pegs of the courtyard, shall be made of bronze.

The Oil for the Lamps (Leviticus 24:1–4)

And you are to command the Israelites to bring you pure oil of pressed olives for the light, to keep the lamps burning continually.

In the Tent of Meeting, outside the veil that is in front of the Testimony, Aaron and his sons are to tend the lamps before the LORD from evening until morning. This is to be a permanent statute for the Israelites for the generations to come. Garments for the Priests

“Next, have your brother Aaron brought to you from among the Israelites, along with his sons Nadab, Abihu, Eleazar, and Ithamar, to serve Me as priests. Make holy garments for your brother Aaron, to give him glory and splendor.

You are to instruct all the skilled craftsmen, whom I have filled with a spirit of wisdom, to make garments for Aaron’s consecration, so that he may serve Me as priest. These are the garments that they shall make: a breastpiece, an ephod, a robe, a woven tunic, a turban, and a sash. They are to make these holy garments for your brother Aaron and his sons, so that they may serve Me as priests. They shall use gold, along with blue, purple, and scarlet yarn, and fine linen.

The Ephod (Exodus 39:1–7)

They are to make the ephod of finely spun linen embroidered with gold, and with blue, purple, and scarlet yarn. It shall have two shoulder pieces attached at two of its corners, so it can be fastened. And the skillfully woven waistband of the ephod must be of one piece, of the same workmanship—with gold, with blue, purple, and scarlet yarn, and with finely spun linen.


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'''102 Take two onyx stones and engrave on them the names of the sons of Israel: six of their names on one stone and the remaining six on the other, in the order of their birth. Engrave the names of the sons of Israel on the two stones the way a gem cutter engraves a seal. Then mount the stones in gold filigree settings. Fasten both stones on the shoulder pieces of the ephod as memorial stones for the sons of Israel. Aaron is to bear their names on his two shoulders as a memorial before the LORD.

Fashion gold filigree settings and two chains of pure gold, made of braided cord work; and attach these chains to the settings.

The Breastpiece (Exodus 39:8–21)

You are also to make a breastpiece of judgment with the same workmanship as the ephod. Construct it with gold, with blue, purple, and scarlet yarn, and with finely spun linen. It must be square when folded over double, a span long and a span wide.

And mount on it a setting of gemstones, four rows of stones:

Mount these stones in gold filigree settings. The twelve stones are to correspond to the names of the sons of Israel, each engraved like a seal with the name of one of the twelve tribes.

For the breastpiece, make braided chains like cords of pure gold. You are also to make two gold rings and fasten them to the two corners of the breastpiece. Then fasten the two gold chains to the two gold rings at the corners of the breastpiece, and fasten the other ends of the two chains to the two filigree settings, attaching them to the shoulder pieces of the ephod at the front.

Make two more gold rings and attach them to the other two corners of the breastpiece, on the inside edge next to the ephod.

Make two additional gold rings and attach them to the bottom of the two shoulder pieces of the ephod, on its front, near its seam just above its woven waistband. The rings of the breastpiece shall be tied to the rings of the ephod with a cord of blue yarn, so that the breastpiece is above the waistband of the ephod and does not swing out from the ephod.

Whenever Aaron enters the Holy Place, he shall bear the names of the sons of Israel over his heart on the breastpiece of judgment, as a continual reminder before the LORD.

And place the Urim and Thummim in the breastpiece of judgment, so that they will also be over Aaron’s heart whenever he comes before the LORD. Aaron will continually carry the judgment of the sons of Israel over his heart before the LORD.

Additional Priestly Garments (Exodus 39:22–31)

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'''Exodus 29:12 a woven collar with an opening like that of a garment, so that it will not tear.

Make pomegranates of blue, purple, and scarlet yarn all the way around the lower hem, with gold bells between them, alternating the gold bells and pomegranates around the lower hem of the robe.

Aaron must wear the robe whenever he ministers, and its sound will be heard when he enters or exits the sanctuary before the LORD, so that he will not die.

You are to make a plate of pure gold and engrave on it as on a seal:

Fasten to it a blue cord to mount it on the turban; it shall be on the front of the turban. And it will be worn on Aaron’s forehead, so that he may bear the iniquity of the holy things that the sons of Israel consecrate with regard to all their holy gifts. It shall always be on his forehead, so that they may be acceptable before the LORD.

You are to weave the tunic with fine linen, make the turban of fine linen, and fashion an embroidered sash. Make tunics, sashes, and headbands for Aaron’s sons, to give them glory and splendor.

After you put these garments on your brother Aaron and his sons, anoint them, ordain them, and consecrate them so that they may serve Me as priests.

Make linen undergarments to cover their bare flesh, extending from waist to thigh. Aaron and his sons must wear them whenever they enter the Tent of Meeting or approach the altar to minister in the Holy Place, so that they will not incur guilt and die. This is to be a permanent statute for Aaron and his descendants. Consecration of the Priests (Leviticus 8:1–13)

“Now this is what you are to do to consecrate Aaron and his sons to serve Me as priests: Take a young bull and two rams without blemish, along with unleavened bread, unleavened cakes mixed with oil, and unleavened wafers anointed with oil. Make them out of fine wheat flour, put them in a basket, and present them in the basket, along with the bull and the two rams.

Then present Aaron and his sons at the entrance to the Tent of Meeting and wash them with water. Take the garments and clothe Aaron with the tunic, the robe of the ephod, the ephod itself, and the breastplate. Fasten the ephod on him with its woven waistband. Put the turban on his head and attach the holy diadem to the turban. Then take the anointing oil and anoint him by pouring it on his head.

Present his sons as well and clothe them with tunics. Wrap the sashes around Aaron and his sons and tie headbands on them. The priesthood shall be theirs by a permanent statute. In this way you are to ordain Aaron and his sons.

The Order of the Sacrifices (Leviticus 8:22–36)

You are to present the bull at the front of the Tent of Meeting, and Aaron and his sons are to lay their hands on its head. And you shall slaughter the bull before the LORD at the entrance to the Tent of Meeting. Take some of the blood of the bull and put it on the horns of the altar with your finger; then pour out the rest of the blood at the base of the altar.


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Roudebush v. Hartke/Dissent Douglas

[p26] MR. JUSTICE DOUGLAS, with whom MR. JUSTICE BRENNAN concurs, dissenting in part.

While I agree with the Court that the cases are not moot and that the three-judge court was not barred by 28 U.S.C. § 2283 from issuing an injunction, I disagree on the merits.

[p27] By virtue of Art. I, § 5, Senate custom, and this Court's prior holdings, the Senate has exclusive authority to settle a recount contest once the contestee has been certified and seated, albeit conditionally.

Article I, § 5, provides: "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members." To implement this authority, the Senate has established a custom of resolving disagreements over which of two or more candidates in a senatorial race attracted more ballots. The apparent loser may initiate the process by filing with the Senate a petition stating (a) what voting irregularities he suspects, and (b) how many votes were affected. Upon receipt of such a petition, a special committee may be authorized to investigate the charges alleged. If the allegations are not frivolous and would be sufficient, if true, to alter the apparent outcome of the election, actual ballots may be and have been subpoenaed to Washington for recounting by the committee. Also, witnesses may be required to testify. The committee performs the function of deciding both the factual issues and what allegations would be sufficient to warrant favorable action on a petition.

Thus, in the Iowa senatorial campaign of 1924, Smith Brookhart was the apparent winner over Daniel Steck, who filed with the Senate the complaint that illegal votes had been cast for his opponent. The petition was referred to the Subcommittee on Privileges and Elections which was authorized to make a full investigation. It heard testimony and recounted the ballots in Washington. The committee and eventually the Senate agreed that, contrary to earlier assumptions, Steck had won. Accordingly, Brookhart was replaced by Steck as a Senator from Iowa. See Steck v. Brookhart, Senate Election, Expulsion, and Censure Cases from 1789 to 1960, S. Doc. No. 71, 87th Cong., 2d Sess., 116-117 (1962). See also Hurley v. Chavez, id., at 151 (upon [p28] recounting, the subcommittee and the Senate found that neither candidate had won and the seat was declared vacant); Sweeney v. Kilgore, id., at 144 (recount of all votes cast in 1946 Maryland race revealed too few mistakes to cause reversal in outcome); Willis v. Van Nuys, id., at 138-139 (petition rejected as insufficient grounds for recount); Bursum v. Bratton, id., at 114 (recount will not be conducted absent a showing of grounds to doubt the accuracy of official count).

The Senate's procedure is flexible: "The Senate has never perfected specific rules for challenging the right of a claimant to serve, inasmuch as each case presents different facts. The practice has been to consider and act upon each case on its own merits, although some general principles have been evolved from the precedents established.

"This practice of viewing each case affecting claims to membership on its individual merits has resulted in a variety of means by which the cases are originated. The Senator-elect to a seat in the Senate generally appears with his credentials. On some occasions, when these credentials are presented, some Senators will submit a motion that the credentials be referred to the Committee on Rules and Administration, and that, pending report, he be denied the privilege of taking the oath of office. Upon adoption of such a motion, the Senator-elect steps aside and the Senate seat is vacant for the time being. Any question or motion arising or made upon the presentation of such credentials is privileged and would be governed by a majority vote.

"On other occasions, the Senator-elect is permitted to take the oath of office, and this is now regarded and [p29] followed as the proper procedure, but thereafter inquiry as to his election is undertaken by the Senate. Resolutions calling for such investigations may be offered by any Senator. In an instance where a newspaper charged a Senator had obtained his office by illegal means, the Senator himself offered a resolution calling for an investigation of the charges.

"The usual origin of such cases, however, is by petition. The contestant may file such a petition, protesting the seating of the contestee, and asserting his own right to the seat in question. It is not required to be filed prior to the swearing-in of the contestee, and no rights are lost if filed afterwards. In some cases, petitions have been signed and filed by others than the contestant, simply protesting against the seating of the contestee, without asserting any claim in behalf of the defeated candidate. Any number of citizens may submit such a petition; and it might make charges of illegal practices in the election, or of the improper use of money, or even of the unfitness of the claimant to serve in the United States Senate.

"A petition of contest is addressed to the U.S. Senate, and may be laid before the Senate by the presiding officer or formally presented by some Senator. There is no prescribed form for such a petition. It is somewhat analogous to a complaint filed in a lawsuit. It customarily sets forth the grounds or charges upon which the contest is based, and in support of which proof is expected to be adduced. The petition is usually referred to the Committee on Rules and Administration, which has jurisdiction over '...matters relating to the election of the President, Vice President, or Members of Congress; corrupt practices; contested elections; credentials and qualifications; [and] Federal elections generally...'

[p30] "The Legislative Reorganization Act of 1946 empowers each standing committee of the Senate, including any subcommittee of any such committee, to hold such hearings, to sit and act at such times and places during the sessions, recesses, and adjourned periods of the Senate, to require by subpoena or otherwise the attendance of such witnesses and the production of such correspondence, books, papers, and documents, to take such testimony and to make such expenditures (not in excess of $10,000 for each committee during any Congress) as it deems advisable. Each such committee may make investigations into any matter within its jurisdiction and may report such hearings as may be had by it."

S. Doc. No. 71, 87th Cong., 2d Sess., vii-viii (1962).

The parties before the Court are apparently in agreement that, as is true of several other arenas of public decisionmaking, there has been a "textually demonstrable constitutional commitment" (Baker v. Carr, 369 U.S. 186, 217; Powell v. McCormack, 395 U.S. 486, 518-549) to the Senate of the decision whether Hartke or Roudebush received more lawful votes. Our case law agrees. Both Barry v. Cunningham, 279 U.S. 597, and Reed v. County Comm'rs, 277 U.S. 376, were generated during the disputed 1926 senatorial election in Pennsylvania in which William Vare appeared to have defeated William Wilson. In 1926 a Senate committee was authorized to inquire into the means used to influence the nomination of candidates in that election. The committee asked some local county commissioners to produce certain ballots but were refused, whereupon members of the committee sought a federal court order compelling the ballots' production. On appeal, this Court held that because the Senate had been fully competent to use its own subpoena power to secure the ballots, the District Court had lacked jurisdiction to act only at [p31] the behest of the committee. In the course of discussing the committee's scope of authority the Court said:

"'The resolutions are to be construed having regard to the power possessed and customarily exerted by the Senate. It is the judge of the elections, returns and qualifications of its members. Art. I, § 5. It is fully empowered, and may determine such matters without the aid of the House of Representatives of the Executive or Judicial Department. That power carries with it authority to take such steps as may be appropriate and necessary to secure information upon which to decide concerning elections.' 277 U.S., at 388."

In Barry v. Cunningham, supra, the Court upheld the Senate's power under Art. I, § 5, to call witnesses before it in order to determine the factual history of the same controverted 1926 election involved in Reed. In answer to the argument that Vare had not been a member of the Senate inasmuch as he was unseated (and therefore the witness was relieved of the duty to answer inquiries) the Court held:

"'It is enough to say... that upon the face of the returns [Vare] had been elected and had received a certificate from the Governor of the state to that effect. Upon these returns and with this certificate, he presented himself to the Senate, claiming all the rights of membership. Thereby, the jurisdiction of the Senate to determine the rightfulness of the claim was invoked and its power to adjudicate such right immediately attached by virtue of § 5 of Article I of the Constitution.' Barry v. Cunningham, supra, at 614."

And Cunningham holds that, "The Senate, having sole authority under the Constitution to judge of the elections, returns and qualifications of its members, may exercise [p32] in its own right the incidental power of compelling the attendance of witnesses without the aid of a statute." Id., at 619 (emphasis added). Judicial interference with this "indubitable power" was said to be possible only upon a clear showing of "such arbitrary and improvident use of the power as will constitute a denial of due process of law." Id., at 620.

Once certification by the Governor has been presented to the Senate, a State may not by conducting a recount alter the outcome of the election—a principle that has been widely recognized by state courts. See Laxalt v. Cannon, 80 Nev. 588, 397 P. 2d 466, and cases cited therein.

Thus, although the Houses of Congress may not engraft qualifications for membership beyond those already contained in Art. I, Powell v. McCormack, 395 U.S. 486, where all that is at stake is a determination of which candidates attracted the greater number of lawful ballots, each has supreme authority to resolve such controversies.

Although all agree that in the end the Senate will be the final judge of this seating contest, the nub of the instant case comes down to opposing positions on how important it may be to preserve for the Senate the opportunity to ground its choice in unimpeachable evidence. It is with regard to this phase of the cases that I disagree with the majority.

The Senate may conclude that only a recomputation supervised by it under laboratory conditions could serve as an acceptable guide for decision. Such a recompilation, however, will not be possible once local investigators have exposed these presently sealed ballots to human judgment.

[p33] Obviously, state officials might desire to preview these presently sealed ballots in order to influence the Senate's deliberations.

Charges or suspicions of inadvertent or intentional alteration, however, baseless, will infect the case. No longer will the constitutionally designated tribunal be able to bottom its result on unassailed evidence. Since even a slight adjustment in the tally could dramatically reverse the outcome, the federal interest in preserving the integrity of the evidence is manifest.

What the Senate should do in the merits is not a justiciable controversy. The role of the courts is to protect the Senate's exclusive jurisdiction over the subject matter, as did this Court in Barry v. Cunningham, supra. The Senate's Subcommittee on Privileges and Elections, for example, might subpoena these ballots, thereby precluding, as a practical matter, any local recount. Or the Senate might ask for a local recount. Either course is within the control and discretion of the Senate and is unreviewable by the courts. The District Court had jurisdiction only to protect the Senate's choice, not to make the choice for or on behalf of the Senate.

I would affirm the judgment of the District Court.

title: Roudebush v. Hartke/Dissent Douglas


text:
Page talk:The New Yorker 0001 1925-02-21.pdf/30

Need formatting
I read the entire page, so it has been proofread and corrected. However, the formatting on this is still wrong, so I didn't want to validate it. SDudley (talk) 22:51, 2 February 2024 (UTC)

 * I don't know that it really does need formatting: we don't have to have a perfect photographic layout for pages, but a typographic one that reproduces the content, but in a way that may make more sense for the Web. But if you think it needs to have the advertisement running along the side, that would be fairly simple to accomplish. Thanks for your work. —Justin ( koavf ) ❤T☮C☺M☯ 08:06, 3 February 2024 (UTC)
 * Glad to help. I understand the desire for a typographic layout, makes sense. I guess it is less about being a perfect recreation, and more that the formatting as is currently bleeds over actual text. That might be just for me, but I do worry that it hurts readability. SDudley (talk) 02:30, 4 February 2024 (UTC)
 * "currently bleeds over actual text". whoa--what? Where is this happening? I don't see it myself. —Justin ( koavf ) ❤T☮C☺M☯ 10:22, 4 February 2024 (UTC)
 * Here is how the page appears to me.
 * Screenshot of Page-The New Yorker 0001 1925-02-21.pdf-30 view for discussion.png SDudley (talk) 17:35, 4 February 2024 (UTC)
 * Wow, that is not how it appears in two different browsers for me, either on the page directly, or transcluded in the larger work. Which browser/OS are you using? —Justin ( koavf ) ❤T☮C☺M☯ 21:02, 4 February 2024 (UTC)
 * this is in Chrome on Windows, and it is consistent across devices for me. It happens to me on my desktop (where the screenshot is from), my laptop, and on my phone on Safari. SDudley (talk) 21:37, 4 February 2024 (UTC)


text: File:Notes and Queries - Series 12 - Volume 10.djvu


text:
User talk:RaboKarbakian/Archives/2023

PD-old
PD-old is for when an author died over 100 years ago, thus making them in the public domain worldwide. Arthur Rackham died in 1939 so it's not correct to use PD-old. You would instead type. Please check the author's dead date (present at their author pages), before assuming PD-old. PseudoSkull (talk) 23:18, 28 January 2023 (UTC)

Developing and Developers
Hello, RaboKarbakian. Just to signal the continuation of this article this page. M-le-mot-dit (talk) 11:13, 31 January 2023 (UTC)

 * Good Morning M-le-mot-dit. I was wondering if, in the wee hours of this day of mine, you could use some more words.  I am unsure what this is about.  If it means that the whole "Photography for Beginners" series should be transcribed here, well, I was thinking about that also.  There is nothing better for a history of a technology than a consumer level howto.  However, I first read "contrition" instead of "continuation" so, because it is morning, help?--RaboKarbakian (talk) 14:56, 31 January 2023 (UTC)
 * Well, the next part of the article "Developing and Developers" you have initiated is available in Commons, following the link: File:Outing-Vol 45-784-000.png M-le-mot-dit (talk) 15:24, 31 January 2023 (UTC)
 * M-le-mot-dit:The photography articles are only one page. See https://babel.hathitrust.org/cgi/pt?id=njp.32101064476409&view=1up&seq=784 and check the next page.  Maybe you want the whole journal?  The article for Ice Boats is at commons and here, but there was an ice boat howto also here: St. Nicholas/Volume 32/Number 3/Practical Boy  I have been doing that 1905 magazine and I started to wonder what the adults of the era were doing.

 * M-le-mot-dit: perhaps you could this one thing? Could you make a red link or something similar that would be what it is you would like? Like if it is the whole journal you would like then Outing Magazine/Volume 45 would work, (except it is not red).--RaboKarbakian (talk) 16:06, 31 January 2023 (UTC)

Suggestive programs for special day exercises/book
Hi, Rabo. Just for future reference, separate transclusions for the entireties of books are out of scope at Wikisource. In every case I know of, nothing should be doubly transcluded. The /book subpage was also incidentally listed on the Wikidata item for the work, separately from the version item, which would not be the correct usage either. (If you disagree with my deletion of the page, feel free to bring it up at WS:PD, but I think speedying it was pretty uncontroversial from a community consensus standpoint.) PseudoSkull (talk) 14:51, 11 June 2023 (UTC)

title: User talk:RaboKarbakian/Archives/2023