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 never be possible to settle contentious litigation extra-judicially as neither party would be able to rely upon their settlement agreement if it could simply be terminated upon the giving of reasonable notice.

Agreement was not validly terminated

[68] Mr Lindsay had a fall back to the effect that, even if the Agreement can be terminated by the parties giving reasonable notice to each other, the Agreement had not been validly terminated by the defender, for two reasons.

 * 1. First, no notice was given by the defender to the other parties to the Agreement, the pursuer and Dr Lindberg, that he wished to terminate the Agreement. The defender does not aver that any such notice was ever given direct to the pursuer or to Dr Lindberg. The absence of any such averments renders the defender's averments on this issue wholly irrelevant. Rather, by letter dated 23 October 2017 to Dr Michael Yellowlees, a solicitor, the defender advised that he had reconsidered the wording relating to feudal baronies contained in Letters Patent. This letter made no reference to the Agreement and was not copied by the defender to the pursuer or to Dr Lindberg. In particular, this letter did not state that the defender was giving notice of his termination of the Agreement. Indeed, the letter makes no reference to the pursuer or to Dr Lindberg. Accordingly, no notice was given by the defender to the other contracting parties of his intention to terminate the Agreement. Writing a letter to a solicitor, who had acted for the pursuer


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 :and for Dr Lindberg in the past, does not constitute the giving of notice to the other contracting parties of an intention to terminate the Agreement.

 * 2. Secondly, in any event, no reasonable period of notice was given. Having regard to the timescales involved in the brokerage of barony titles, one year would have been a reasonable period of notice within which to conclude all ongoing business. Such a period of notice was not given by the defender. In any event, the defender fails to relevantly aver what a reasonable period of notice would have been in these particular circumstances; and fails to aver any factual circumstances from which such a period could be inferred.

For these two reasons, no valid notice of termination of the Agreement was ever given by the defender to the other contracting parties and therefore the Agreement remains in full force and effect.

[69] The defender's averments in Answer 6, relating to terminating the Agreement upon the giving of notice, being irrelevant and lacking in specification, these averments ought not to be admitted to probation.

No material change of circumstances

[70] The pursuer accepts that the Agreement cannot continue indefinitely and will come to an end upon a material change in circumstances. However, the Agreement remains in full force and effect as there has been no material change in circumstances since the date on which it was entered into. None of the pursuer's averments give rise to any such inference. In any event, the defender has not relevantly averred any such material change in circumstances. He developed this as follows.

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


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 from the bottom of the sea destroyed innocent people on the sea who had a right to be there, men, women and children—non-combatants. All grew out of the great enormous armament. And then the devastation of the countries—for it was a devastation of peoples and of countries. The northern part of France, its great manufacturing centers, were absolutely destroyed and the mines have been so injured that it will take fifteen years' compensation by the use of other mines to enable France to pull herself together again. Machinery was stolen from Belgium in order to interfere with her industrial future, so that when these nations were conquered, not only would their armies be conquered but their commercial supremacy would be injured and their power of competition would be forever destroyed. The destruction of trees and houses in the country has no parallel. That is all due to the enormous scope of the armament and the opportunity for destruction that that armament gave.

Is there a man or woman with soul so dead to the welfare of mankind, of his own people and of the nations of the world, that does not long for some means of preventing a recurrence of that awful race for armament which is the inevitable alternative unless we adopt some means of stopping it?

You can't help it. Among the Allies, if you have no League, if there is no obligation of this kind, each nation will naturally, and ought to, turn to the question of its preservation by insurance of its safety—and that means armament. And when each nation arms, each other nation watches it, because that nation may be its enemy in the future. It can take no chances. Therefore the race begins at once—innocently, but in the end it goes on from year to year. This race that we have had went on for four decades and the dreary round of cause and effect will go on, it will go on more quickly than before, because if we are to have no League the nations will begin at once and then we will see the race has begun with its inevitable consequences.

This has long been seen. Why, even the poor Emperor of Russia saw what the result was likely to be. A number of years ago—he called the Hague Conference for the purpose of arranging machinery to prevent future wars, and the first heading that he made was "The limit of armament." Why wasn't it put through? Because Germany strode into that conference with mailed fist and said, "If you discuss the limit of armament, I withdraw from the Conference." Now these gentlemen who object to this Article VIII would have us play the part


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 No relevant averments of material change in circumstances

[71] The defender's averments relating to the alleged material change in circumstances are to be found in Answer 6, and provide:

"Furthermore, in light of the averments in the defender's Answers, it is clear that there has been a material change of circumstances, including the appointment of a new Lord Lyon; the unchallenged change of policy in 2015 referred to in answer 7 and commented upon approvingly by the Partnership on its website; the apparent attempt to use the Lord Lyon's prerogative powers to support a market in and the prices of estates held in barony; and the misuse of Letters Patent by those to whom they have been issued."

Mr Lindsay submitted that their averments are wholly irrelevant and do not set out any relevant material change in circumstances that would bring the Agreement to an end for the following reasons:

 * 1. The appointment of a new Lord Lyon is not a material change in circumstances. Such an appointment is a routine event which was within the reasonable contemplation of the parties when they entered into the Agreement,

 * 2. The procedure to be adopted in the future as set out in Menking did not breach the terms of the Agreement,

 * 3. As there was a well-established market for barony titles when the Agreement was entered into, the continued existence of such a market cannot constitute a material change in circumstances, and

 * 4. The pursuer is unaware of any misuse of Letters Patent by those to whom they have been issued. In any event, the pursuer has no liability or responsibility for any such misuse.


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 in this Conference that Germany played in that. Do you like the example? Do you like the leadership? Isn’t it absurd for us to object to limitation of armament under these conditions when the nations on the other side are willing to have a limit of armament? They are near the possible center of disturbance, yet they are willing sincerely and honestly to enter into such an arrangement; we have the Atlantic ocean between us and them, and yet we are not going to "lay ourselves naked to our enemies" by any such limit. And it is a bit humorous for us to get excited about this. We have lived as a nation for one hundred twenty-five years, and never in the history of that nation, except in time of war have we had adequate armament even to do the police duty of the nation. Between the Civil war and the Spanish war we had our regular army, for one hundred million people, between the Atlantic and Pacific oceans, a domain reaching from Canada to the Gulf, an army limited to twenty-five thousand men—less than a single division that we sent over to this war. Do you think that was "laying ourselves naked to our enemies?" Then it was increased to one hundred thousand—that is, it was given to the President to increase the number of the army within one hundred thousand, but we never could get it to one hundred thousand because Congress would not appropriate the money for the purpose. I have been President of the United States, and I have been Secretary of War, and I know what I am talking about. I think we have been inadequate in our armaments.

But how does it work? Why, you get a Congress that has some vision, and it tries to make some preparation, and it votes some appropriation that increases taxation, and the members who voted go home and find perspiring patriots who are willing to take the place of those gentlemen who voted for that preparation, by agreeing not to vote for future appropriations. And very often the gentlemen who voted for the appropriation are left at home to contemplate the grandeur of their action.

Therefore, what I venture to say is that when this limit is fixed in a League of Nations—and it will be liberal because the nations on the other side are not afraid of us, they are quite willing to have us have enough to comply with the obligations of the League—and although I am neither a prophet nor the son of a prophet, I venture to say that when that limit is fixed, except in time of war Congress won't come within gunshot of the limit.


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Then it is said to be unconstitutional. Why? I don't know. One of the embarrassments in court when you say a thing is unconstitutional is that you have to point out the verse and line of the Constitution that is violated; but you don't have to do that either on the stump or in the Senate.

Now is it within the treaty-making power to limit armament? Well, what is the scope of the treaty-making power? The Supreme Court of the United States is fairly good authority on that subject, and it has held that the treaty-making power is one of very wide scope. It may even suspend state statutes and thus transcend stations between congressional action and that of state legislatures. It may cover, as Mr. Justice Field said in Geoffroy vs. Riggs, it may cover the usual subject matter of treaties between nations except that it may not change the form of government, it may not agree to do things forbidden by the Constitution and it may not cede land belonging to a state without the consent of the state.

The limitation of armament is one of the most frequent subject matters of peace treaties. Indeed, this very peace treaty, that does not seem to be objected to by the objectors in the Senate, contains a very lengthy chapter on the limitation of the armament of Germany, showing that it is a frequent subject matter of peace treaties. Therefore, according to the definition of the Supreme Court, the limitation of our armament comes directly within the treaty-making power. More than that, in 1817, we made a treaty with Great Britain in which we agreed not to put naval armament on the Great Lakes if Great Britain agreed not to do so, and she did. I see the same gentleman objects to that as a treaty because he says it did not amount to much. Well, it was an agreement with another nation signed by the executive and confirmed by two thirds of the Senate and my recollection is that that makes a treaty. That provided, as I say, a limitation of armament, and it provided that we might withdraw from it on notice, but that doesn't prevent it being a treaty, and if you can make a treaty for two years, you can make it for ten. As a matter of fact, we have kept that treaty for one hundred years or more; we were glad when we made it and we have been glad ever since. We celebrated the centenary of peace in 1914 and the oratorical periods—I remember, I made some of them myself—referred to the wonderful fact that under an agreement made at that time we had allowed that border of four thousand miles, and especially the Great Lakes, to be utterly undefended; and we pointed to


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 Accordingly, the defender's averments in Answer 6, relating to an alleged material change of circumstances, being irrelevant and lacking in specification, these averments ought not to be admitted to probation.

The public policy issue: whether the Agreement was contra bonos mores

[72] On this issue, the pursuer's position was that the Agreement is not contra bonos mores or otherwise contrary to public policy.

[73] The leading authoritative definition of when a contract is contra bonos mores was provided by Lord Dunedin in Farmers' Mart Ltd v Milne 1914 SC (HL) 84 at 86:

"As to the general proposition that you cannot sue upon an illegal contract, there is, of course, no doubt; the question is whether a contract of this sort is an illegal contract. Now, taking it upon Scotch authority first, before coming to English authority, I find that the matter is very clearly dealt with, as it always is, by Mr Bell in his Principles. After setting forth that there are such things as illegal and immoral contracts, he deals in section 37 with contracts void at common law. He first sets forth contracts properly immoral, contra bonos mores, then certain rules as to pactum illicitum, and so on; and then he says this: One best sees what is the true meaning of the words he there uses by going to the illustrations that he gives in the note in which he sets forth the cases on which his proposition is founded; and in the clause which I have  adds this 'such are, exempli gratia, agreements in which a creditor in of an agreement to accept a composition stipulates for a preference to himself'; and he gives a reference to his well-known work—the large work—Commentaries on the Law of Scotland. Now the Commentaries give more than one illustration of this matter. They give the one I have just read, and they give also a case where a creditor has got a sum in order to accede to a trustee; that is a case, not of regular sequestration, And another very good instance of the same thing is given by a case which is referred to in Lord Hunter's judgment and has been cited to your Lordships—the case of M'Gown v. Tod in the Faculty Collection." (Emphasis added.)

The business of the firm is not contrary to the public interest or otherwise contra bonos mores. The sale of barony titles involves no indecent or mischievous purpose. It is not prejudicial or


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 offensive to the public or to third parties. No fraud has been perpetrated. The Agreement ensured recognition for all purchasers of barony titles regardless of whether or not they had used the services of the firm. The Agreement does not improperly favour the firm nor does it create a market which is prejudicial or offensive to the public in any way.

[74] The purchasers of barony titles are generally wealthy individuals who thereafter take an interest in their barony. Many such individuals have invested considerable sums of money in their baronies to the benefit of local people and the wider community. Accordingly, there was nothing improper in one of the defender's predecessors in office entering into the Agreement, upon the advice of senior counsel, and thereafter acting in accordance with its terms. The defender's averments in Answer 9, averring that the Agreement is contra bonos mores, ought not be admitted to probation as they are wholly irrelevant.

Discussion

Preliminary observations

[75] The pursuer's reliance on paragraph 4 of the Agreement is central to her claim, particularly her reading of that paragraph in support of her primary position as requiring the Lord Lyon in all time coming to use the phrase "Baron of the [barony of]" in the recognition of "other persons" as the holders of the dignity of an extant barony title. While questions of jurisdiction or the pursuer's title and interest might be logically prior issues, a determination against the pursuer on those issues (and which was essentially argued to be a deficiency on the pleadings) would leave unresolved what is the critical issue at the heart of the dispute between the parties. Indeed, as I understand it, the pursuer perils her case on


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 the Agreement, or at least paragraph 4, having contractual effect and being binding on the defender as the successor in office to Lyon Sellar. I therefore propose first to address the meaning and effect of the Agreement, before considering the other issues arising, insofar as it is necessary to do so.

The meaning and effect of the Agreement

The context giving rise to the Agreement

[76] The undisputed background was that the Agreement was entered into to settle the two judicial reviews by an extrajudicial settlement among the parties to those proceedings. Prima facie therefore it is a contract of compromise. One feature of a contract of compromise is that the obligations it creates supersede the rights or claims which were the subject of the litigation and it constitutes a contract binding on the parties to it. That aspect of a compromise agreement was not disputed as a generality. However, the pursuer argues that, as an extrajudicial compromise, the Agreement cannot thereafter be terminated by one party. In the alternative, the pursuer argues the Agreement cannot be terminated without a material change of circumstances (and she asserted that there were none) and, further, if the Agreement is terminable, insufficient notice has been given. I address the termination issue, below.

[77] Having regard to this context and to the language used in the Agreement, I find that some parts of it did create certain legal effects, in the sense that if a party proposed to advance a claim inconsistent with the compromise, its terms could be founded on to preclude that claim. So for instance, if one party sought expenses in respect of the judicial


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 review proceedings, the other party could successfully resist this on the basis of the agreement that there be "no expenses due to or by" recorded in paragraph 1.

Paragraphs 1 to 3

[78] How, then, are the individual paragraphs of the Agreement to be construed? It is patent that the first three paragraphs are addressed to resolution of claims advanced in the judicial reviews. The first two paragraphs deal with procedural matters, namely, in paragraph 1, the quashing of the Lord Lyon's decisions in respect of the petitioners' applications to him (ie by the pursuer and by Dr Lindberg), together with the agreement that there were to be no expenses due to or by in the judicial proceedings, and in paragraph 2, the petitioners were to withdraw their current petitions to the Lord Lyon and to submit fresh applications to him in specified terms. Paragraph 3 is solely concerned with a jurisdictional issue in respect of Dr Lindberg, and which records the Lord Lyon's agreement that Dr Lindberg falls within his jurisdiction by reason of his ownership of the dignity of the Barony of Delvine.

[79] It is not disputed that those three paragraphs were implemented. Indeed, the pursuer is designed in these proceedings as "Baroness of Lag" (the Lord Lyon's earlier refusal to recognize her as such formed part of her judicial review). Accordingly, while these paragraphs resolved the disputes in the judicial reviews, and may therefore have constituted new obligations in place of the subject-matter of those proceedings, I accept as well-founded the defender's submission that these paragraphs are spent. In any event, Mr Lindsay did not advance any argument to the contrary.


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 Paragraphs 4 and 5 of the Agreement

[80] The curiosity of the Agreement is that, its first three paragraphs having exhausted the subject-matter of the two judicial reviews, it nonetheless sought in paragraphs 4 and 5 to regulate other matters by "other persons" in future. The paragraphs do not arise from any claim made in the judicial reviews. In submissions the pursuer suggested that her husband was the dominus litus of the two judicial reviews and that the agreement of no expenses due to or by (recorded in paragraph 1) was a quid pro quo for other features of the Agreement (ie possibly paragraphs 4 and 5). As I understood him, the defender did not accept this explanation. In any event, there are simply no averments to this effect and no averments that the pursuer had a wider interest, eg qua partner in the firm, at the time of her judicial review or at the time of the Agreement. (She does have averments anent her interest in the firm, in articles 1 and 9, but essentially these are directed to establishing that the pursuer's claim is above the £100,000 threshold for the privative jurisdiction.) Notwithstanding this, the pursuer made no motion to amend to introduce reference to these matters, nor did she suggest that a proof would be required to determine them.

[81] Paragraph 4 is expressed as an intention on the part of the Lord Lyon to respond in future to petitions by "other persons" owning a dignity of baron (acquired after the appointed day under the 2000 Act) to recognize such a person ("if so required") as "Baron of [the barony]" and to grant ensigns armorial, so long as certain stipulations are met. These are as follows:

 * (i) that the Lord Lyon determines that the dignity of baron exists,

 * (ii) that the petitioner is a "virtuous and well deserving person; and

 * (iii) that the Lord Lyon "determines to exercise his discretion" in their favour.


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 The pursuer focused on the fact that there was a reservation of discretion in the foregoing, whereas the defender maintained that this was an inept provision.

[82] The pursuer's complaint is that the Disputed Wording is inconsistent with proviso (i) of paragraph 4 of the Agreement, as, in effect, requiring the Lord Lyon to recognize third party petitioners ("other persons") as "Baron of [the barony]" and which she argues precludes the Lord Lyon from using any wording inconsistent with this.

The character of paragraphs 4 and 5

[83] In my view, these paragraphs were not framed as creating enforceable obligations or, at least, as creating obligations enforceable by the parties to the Agreement. On the latter point, this simply follows from the terms of the paragraphs: paragraph 4 concerns future applications by "other persons" and paragraph 5 concerns a "petitioner who has no connection with Scotland…". The only capacity in which the pursuer instructed her judicial review or in which she advances her claim in these proceedings is as an individual. In her individual capacity, she can have no interest in enforcing these provisions on behalf of other persons. It was not suggested, in my view rightly, that either of these provisions created a jus quaesitum tertio. These paragraphs are not framed as being for the benefit of particular individuals.

[84] More importantly, however, is that having regard to their language and subject-matter, paragraphs 4 and 5 do not in my view have contractual effect. The fundamental point is that, having regard to their subject matter, paragraphs 4 and 5 amount to no more than an expression of intent, or the statement of a practice or policy to be adopted, by the Lord Lyon as to how he proposed in future to respond to applications falling within the


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 terms of these paragraphs. This is entirely consistent with the "wide discretion", as it was described, he exercised in his ministerial functions. This may be tested by asking: could a person ever compel the Lord Lyon to exercise the royal prerogative and make a grant of arms to him (invoking the language of "if required" in paragraph 4 of the Agreement)? In light of the particular nature of the prerogative exercised, involving the recognition and grant of arms (and which parties are agreed is only ever a matter of grace (and not entitlement)), the answer to that question is clearly in the negative. It is difficult to figure the grounds of a stateable challenge, which would only be competent by way of judicial review, being made to a refusal by a Lord Lyon to grant new arms.

[85] Under reference to cases including Ayr at 87, York Corporation at 569 to 570 and R v Hammersmith and Fulham Borough Council ex p Beddowes [1987] AC 1050 at 164 to 1070, the defender argued that if paragraphs 4 and 5 of the Agreement had the meaning the pursuer contended for, these would constitute an unlawful fetter on the Lord Lyon's discretion. I note that at the heart of what was objectionable in those cases was a policy or agreement whose effect was that the public authority in question had disabled itself entirely from exercising the statutory power conferred, with the consequence that it necessarily frustrated pursuit of the statutory purposes for which the power had been conferred. In my view, paragraphs 4 and 5 are not of that character, in the sense that they are not premised on the Lord Lyon refraining from the exercise of the royal prerogative vested in him.

[86] It respectfully seems to me that the issue of any impermissible fetter of discretion arising in this case is subtly different. This is because of the qualities inherent in and unique to the royal prerogative power available to the Lord Lyon. The very particular character of the royal prerogative power that is exercised by the Lord Lyon as a matter of grace is, in my


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 The breadth of the discretion the Lord Lyon has in such matters, which is almost unique in a modern context, arises from the origins and nature of his ancient office and the very particular character of the royal prerogative he exercises on behalf of the Monarch.

[88] Returning to the terms of paragraphs 4 and 5 of the Agreement, it is clear that the paragraphs do no more than articulate a practice which is proposed to be followed in future. At its highest, these paragraphs were entered into in exercise of a ministerial or administrative function. That reinforces the conclusion, above, that these paragraphs are not contractual in character, even if they had purported to be expressed in terms as for the benefit of, or enforceable by, one of the parties to the Agreement (which I have determined they do not) and notwithstanding their inclusion in a document described as an "agreement".

[89] In relation to the issue of the indivisibility, the defender argues (under reference to the observation of Lord Boyd in Grange Trust Trustees, cit supra, at paras 15 to 16) that the obligations embodied in the Agreement are indivisible and hence Dr Lindberg also required to be a party to these proceedings. My finding that paragraphs 4 and 5 do not have contractual effect renders this argument redundant. However, even if I had found (i) that these paragraphs were contractual in nature and (ii) that they were enforceable by the parties to the Agreement, it remains the case that these two paragraphs are clearly of a different character from the first three paragraphs, by reason of their subject matter; and they are enforceable by different parties. The first three paragraphs arise from, and are directed to resolving, the judicial reviews. Paragraphs 4 and 5 bear to relate to persons other than the parties to the Agreement and to be prospective in intent. Applying Lord Boyd's formulation of the question in paragraph 16 of Grange Trust Trustees (quoted above, at


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 para [52]), it is: whether Dr Lindberg and the pursuer "can be separated out as having different interest or whether they are to be regarded as one party in construing the rights" under the Agreement? For the reasons already given, Dr Lindberg's interests were different from the pursuer's and he had no ostensible interest in paragraph 4, which is at the heart of the dispute in this case.

[90] More fundamentally, I have found that these paragraphs do not have contractual effect. Accordingly, while I find in favour of the defender on that issue, on the basis of the pleadings and arguments as presented at debate, I do not find that paragraphs 4 and 5 of the Agreement are indivisible from the other paragraphs and I reject the defender's argument on the indivisibility point. The pursuer's case would not fall to be dismissed on the basis that Dr Lindberg had not joined it.

[91] If paragraphs 4 and 5 are analysed as indicating how the Lord Lyon proposed to exercise his administrative or ministerial discretion (no distinction was drawn in the arguments before me between those descriptors), on the hypothesis that this is competent, the next question is whether this is an immutable policy (as the pursuer appears at times to have contended) or, if not, what rules govern any proposed change to it. In the absence of full argument, I express my opinion on a tentative basis. There was no argument advanced that the pursuer had any legitimate expectation that might be defeated by the change effected in the Disputed Wording. I reserve my opinion on whether the Lord Lyon's exercise of the royal prerogative in respect of the grant of arms and, more particularly, in respect of the form or language in which that grant is expressed, can ever give rise to a legitimate expectation. This is not to ignore the development of the law in its application of the grounds of judicial review to the exercise of the royal prerogative. Rather, it is to


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 view, wholly inimical to the articulation of a policy or practice by him that is capable of binding successors in the office of Lord Lyon in the grant of arms. Putting it another way, by reason of the nature of the royal prerogative power exercised, any policy or practice articulated is not capable of creating correlative rights or expectations in favour of prospective applicants for the grant of arms (much less in entities who facilitate such applications for commercial gain). In the very special context under consideration, any attempt to purport to bind not only himself but his successor in office as Lord Lyon, which is the effect of the pursuer's reading of paragraph 4 of the Agreement, would clearly be incompetent. In my view, the phraseology in proviso (i), of "if so required", is therefore plainly inept. This conclusion arises from an analysis of the power exercised, not the nature of the Lord Lyon's office. It is therefore not necessary to consider the discrete arguments about the nature of the Lord Lyon's office, the consequences of not being a corporation sole or whether the Lord Lyon or the Advocate General is the proper defender. I reserve my opinion on those matters.

[87] Furthermore, this analysis of the nature of the royal prerogative exercised in the grant of arms is amply supported by the discussion by Sir Thomas Innes of Learney of the ancient origins and status of the office of Lord Lyon (see, eg chapter 2 of Scots Heraldry, 2$nd$ ed, 1956) and the nature of the powers the Lord Lyon exercises. In the recognition and grant of arms, the Lord Lyon exercises the royal prerogative in place of the Monarch. By its nature, the Lord Lyon enjoys the widest discretion in the exercise of the royal prerogative. This is entirely concomitant with the grant of arms only ever being a matter of grace, not right. It is hard to identify in modern times an exercise of prerogative power enjoying a greater degree of discretion than that vested in the Lord Lyon in respect of the grant of arms.


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In re Summers/Dissent Black

MR. JUSTICE BLACK, dissenting.

The State of Illinois has denied the petitioner the right to practice his profession and to earn his living as a lawyer. It has denied him a license on the ground that his present religious beliefs disqualify him for membership in the legal profession. The question is, therefore, whether a state which requires a license as a prerequisite to practicing law can deny an applicant a license solely because of his deeply-rooted religious convictions. The fact that petitioner measures up to every other requirement for admission to [p574] the Bar set by the State demonstrates beyond doubt that the only reason for his rejection was his religious beliefs.

The state does not deny that petitioner possesses the following qualifications: He is honest, moral, and intelligent, has had a college and a law school education. He has been a law professor and fully measures up to the high standards of legal knowledge Illinois has set as a prerequisite to admission to practice law in that State. He has never been convicted for, or charged with, a violation of law. That he would serve his clients faithfully and efficiently if admitted to practice is not denied. His ideals of what a lawyer should be indicate that his activities would not reflect discredit upon the bar, that he would strive to make the legal system a more effective instrument of justice. Because he thinks that "Lawsuits do not bring love and brotherliness, they just create antagonisms," he would, as a lawyer, exert himself to adjust controversies out of court, but would vigorously press his client's cause in court if efforts to adjust failed. Explaining to his examiners some of the reasons why he wanted to be a lawyer, he told them: "I think there is a lot of work to be done in the law I think the law has a place to see to it that every man has a chance to eat and a chance to live equally. I think the law has a place where people can go and get justice done for themselves without paying too much, for the bulk of people that are too poor." No one contends that such a vision of the law in action is either illegal or reprehensible.

The petitioner's disqualifying religious beliefs stem chiefly from a study of the New Testament and a literal acceptance of the teachings of Christ as he understands them. Those beliefs are these:

He is opposed to the use of force for either offensive or defensive purposes. The taking of human life under any circumstances he believes to be against the Law of God and contrary to the best interests of man. He would if he could, he told his examiners, obey to the letter [p575] these precepts of Christ: "Love your Enemies; Do good to those that hate you; Even though your enemy strike you on your right cheek, turn to him your left cheek also." The record of his evidence before us bears convincing marks of the deep sincerity of his convictions, and counsel for Illinois with commendable candor does not question the genuineness of his professions.

I cannot believe that a state statute would be consistent with our constitutional guarantee of freedom of religion if it specifically denied the right to practice law to all members of one of our great religious groups, Protestant, Catholic, or Jewish. Yet the Quakers have had a long and honorable part in the growth of our nation, and an amicus curiae brief filed in their behalf informs us that under the test applied to this petitioner, not one of them if true to the tenets of their faith could qualify for the bar in Illinois. And it is obvious that the same disqualification would exist as to every conscientious objector to the use of force, even though the Congress of the United States should continue its practice of absolving them from military service. The conclusion seems to me inescapable that if Illinois can bar this petitioner from the practice of law it can bar every person from every public occupation solely because he believes in non-resistance rather than in force. For a lawyer is no more subject to call for military duty than a plumber, a highway worker, a Secretary of State, or a prison chaplain.

[p576] It may be, as many people think, that Christ's Gospel of love and submission is not suited to a world in which men still fight and kill one another. But I am not ready to say that a mere profession of belief in that Gospel is a sufficient reason to keep otherwise well qualified men out of the legal profession, or to drive law-abiding lawyers of that belief out of the profession, which would be the next logical development.

Nor am I willing to say that such a belief can be penalized through the circuitous method of prescribing an oath, and then barring an applicant on the ground that his present belief might later prompt him to do or refrain from doing something that might violate that oath. Test oaths, designed to impose civil disabilities upon men for their beliefs rather than for unlawful conduct, were an abomination to the founders of this nation. This feeling was made manifest in Article VI of the Constitution which provides that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." Cummings v. Missouri, 4 Wall. 277; Ex parte Garland, 4 Wall. 333.

The state's denial of petitioner's application to practice law resolves itself into a holding that it is lawfully required that all lawyers take an oath to support the state constitution and that petitioner's religious convictions against the use of force make it impossible for him to observe that oath. The petitioner denies this and is willing to take the oath. The particular constitutional provision involved authorizes the legislature to draft Illinois citizens from 18 to 45 years of age for militia service. It can be assumed that the State of Illinois has the constitutional power to draft conscientious objectors for war duty and to punish them for a refusal to serve as soldiers,—powers which this Court held the United States possesses in United States v. Schwimmer, 279 U.S. 644, and United States v. Macintosh, 283 U.S. 605. But that is not to say [p577] that Illinois could constitutionally use the test oath it did in this case. In the Schwimmer and Macintosh cases aliens were barred from natuaralization because their then religious beliefs would bar them from bearing arms to defend the country. Dissents in both cases rested in part on the permise that religious tests are incompatible with our constitutional guarantee of freedom of thought and religion. In the Schwimmer case dissent, Mr. Justice Holmes said that "if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we hate. I think that we should adhere to that principle with regard to admission into, as well as to life within his country." pp. 654–655. In the Macintosh case dissent, Mr. Chief Justice Hughes said, "To conclude that the general oath of office is to be interpreted as disregarding the religious scruples of these citizens and as disqualifying them for office because they could not take the oath with such an interpretation would, I believe, be generally regarded as contrary not only to the specific intent of the Congress but as repugnant to the fundamental principle of representative government." p. 632. I agree with the constitutional philosophy underlying the dissents of Mr. Justice Holmes and Mr. Chief Justice Hughes.

The Illinois Constitution itself prohibits the draft of conscientious objectors except in time of war and also excepts from militia duty persons who are "exempted by the laws of the United States." It has not drafted men into the militia since 1864, and if it ever should again, no one can say that it will not, as has the Congress of the United States, exempt men who honestly entertain the views that this petitioner does. Thus the probability that Illinois would ever call the petitioner to serve in a war has little more reality than an imaginary quantity in mathematics.

[p578] I cannot agree that a state can lawfully bar from a semi-public position, a well-qualified man of good character solely because he entertains a religious belief which might prompt him at some time in the future to violate a law which has not yet been and may never be enacted. Under our Constitution men are punished for what they do or fail to do and not for what they think and believe. Freedom to think, to believe, and to worship, has too exalted a position in our country to be penalized on such an illusory basis. West Virginia Board of Education v. Barnette, 319 U.S. 624, 643–646.

I would reverse the decision of the State Supreme Court.

MR. JUSTICE DOUGLAS, MR. JUSTICE MURPHY, and MR. JUSTICE RUTLEDGE concur in this opinion.

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20 THE HUNTERIAN ORATION. this subject, first disputing with the physicians the monopoly they had assumed of practising anatomy, by the decree that no person should be so employed but by permission, and in the presence of one of their faculty. But the surgeons persevered; they acquired anatomical knowledge, and desired to impart it to their pupils; and in imitation, they said, of the Romans, who, by the magnificence of their buildings, shed a lustre upon, and perpetuated the memory of, their noble deeds, so did they strive to advance the glory and the utility of their art, by the erection of an amphitheatre for instruction, an edifice, they added, that should be declaratory of the splendour of surgery in their time. ‘Their efforts did not here cease. Our art, they urged, is the fruit of experience, an experience consisting in the accumulation and comparison of facts. To prevent these facts being scattered and lost, to bring them into a position advantageous for examination and comparison, to preserve them for the use of posterity, were the considerations that determined the formation of the Academy, whose me- moirs still continue to be one of our most valuable records of surgical experience. The name of De La Peyronie deserves especial mention, as the individual who took the prominent part in these arrangements, and who devoted the wealth he had acquired through the practice of surgery to the endowment of theatres and professorships for instruction in its principles. �

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THE HUNTERIAN ORATION. 21 And here, I yenture the expression of an opinion, that at the present period, the adoption among ourselves, of the system of the French Academy, would much conduce to the benefit of surgery. Not that we need the incitement to the study of science which, it may be imagined, was intended for the ancient philosophers, by Cimon, who decorated with fountains and verdant groves, the first building in Athens appropriated to the purposes of science, under the name of Academia. For ourselves, it is only to be desired to establish a spirit of union for the object we are striving individually to attain, and, as flowing from this, the ready means of generalizing and comparing the facts we are constantly observing. We want not for the advance of surgery, the multiplication of facts, so much as the right appreciation of the abundance of them already accumulated in our literary storehouses, the published works of our day. Alike to this, has been, I presume, the feeling with which some of our medical philosophers have introduced into medicine, a new instrument, wherewith to work, in enucleating from the mass of details, general results, the calculation by numbers simply, as a means of working out the problems of medicine with a precision and certainty corresponding with the predictions of astronomy, the axioms of arithmetic and geometry, and so to institute a calculus of probabilities for medicine. But the phenomena with which we have to deal, fugitive in their nature, always �

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22 THE HUNTERIAN ORATION. complex, and perpetually varying in the order of their occurrence must, with difficulty, be submitted to the calculation of number, which is, with manifest advantage, applied to other branches of science. I hear, for instance, my friends the physicians affirm, that the pre- vailing fevers of the present year are not the fevers of the last year, in the character of their symptoms, and by consequence, in the required treatment ; and accordingly that a numerical estimate of treatment, and its results, through the last year, would not be a safe guide to practice in the present. And true it is, as observed of Sydenham, that if figures had been his rule and method, he would not have bequeathed to posterity his admirable descriptions of the varied characters of epidemic disease, upon which his reputation so deservedly rests.

Forty-five years have elapsed since the death of Hunter, and in the certainty of truth, it may be affirmed, that in no corresponding period, have the actual discoveries and improvements in the science and art of surgery been so numerous, and of so striking a character. For our country, in fairness, a large portion of these may be claimed. With the invention of a practical science, portions of it may be at once brought to perfection; others must wait for the establishment of comprehensive views and general principles which can be but slowly matured; and in reference to medicine, it has been the great result of Mr. Hunter's �

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24 THE HUNTERIAN ORATION. thigh, performed by Mr. Hunter. To each of these, individuals, above forty years of life, with integrity of limb, was given by this splendid achievement of surgery. A becoming tribute to the fame of the military hero is the erection of a column covered by the inscriptions of his victories. A splendid monument it would be to the genius of Hunter, whereon would be inscribed a record of the amount of human life preserved by this single result of his labours. Nor can we forget the disinterested spirit, and the simplicity which marked his amouncement of the new operation. Too much engaged, says his biographer, to take this task upon him- self, he requested of Sir Everard Home to do it, who accordingly published his well-known paper on the subject. When, moreover, the consequences of this discovery of the principle of treating aneurism are contemplated in their relation to the knowledge subsequently obtained of Nature’s processes in every variety of circumstance concurring to the stoppage of bleeding from a wounded artery, we may affirm of what has been done for the single subject of the diseases and wounds of blood vessels, by Hunter and his successors, that, never have the ministrations of science and art been more successfully directed to the relief of human suffering.

The excellence of the practice of Perceval Pott consisted, it is well known, in the substitution of refined and skilful manipulations for the coarse and less dex- �

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THE HUNTERIAN ORATION. 25 terous proceedings adopted in the surgery of that day. Acuteness of observation and enthusiasm for surgery were in Mr. Pott conspicuously marked, yet to give full effect to these excellences, there wanted the influence on the treatment of disease afterwards derived from the principles of inflammation set forth by Mr. Hunter. To this cause may we ascribe the improvement of surgery in respect to another important subject, the management of injuries of the head from external violence. Mr. Pott’s works show the frequency with which the serious measure of perforating the skull was in his time practised from indications which, in the present day, we do not acknowledge, and accordingly with us, this operation is rare compared with the records of its performance half a century ago. As, by an improved knowledge of anatomy, the character of our operations for hernia has been changed, so has our better comprehension of the principles of inflammation improved our treatment before, and after the operation; and thus should I.speak of almost every other subject in surgical practice, in shewing, that by increase of anatomical knowledge, by a better acquaintance with the changes of structure which the parts of the body undergo from disease, and by a sounder view of the principles of treatment, the triumph of surgery in our age has been fairly gained,—the diminution in the number of operations; “the reflexion on the healing art,” as they are designated by Mr. Hunter, “for �

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26 THE HUNTERIAN ORATION. operations,” he adds, “are like the acts of the armed savage, who attempts to get that by force which a civilized man would get by stratagem.” Through all this, the great practical lesson to be inculcated is, that it has been through the science of surgery every improvement of note in its practice has been effected. We may remark how much more Pott would have done for the advance of surgery, had he lived immediately after, instead of being cotemporary with Hunter. Mr, Abernethy, possessed of the highest order of intellect, did, with the force of his eloquence, impress the truths which Hunter had expounded. He conferred on us an inestimable good, as he showed how, for the establishment of sound surgery, the philosophic views of Hunter are to guide us in the treatment of every derangement of function in an animal body. What can be accomplished by surgery without the science, the possession of which we can now boast, may be learnt by the perusal of the works of Wiseman, Sergeant-surgeon to Charles II. than whom, no man was more learned in his time, no man more acute in observing, and faithful in recording what he did, whether successful or otherwise. If we turn to his account of the treatment of the diseases of the joints, we find him employing the same remedies of which the modern surgeon avails himself, but wanting all the effect we give to these remedies, by the discrimination of the varieties and the conditions of disease, which modern obseryation �

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THE HUNTERIAN ORATION. 27 has so well supplied. If we turn moreover to the treatises by Wiseman on hernia and dislocations ; most instructive lessons will they be found to contain, as they shew that every thing in relation to these important subjects, which we regard of value in practice, has been created by that union of science to surgery, to which the labours of Hunter have so especially tended. Upon one achievement of modern surgery, I must be permitted to dwell,—the art of crushing the stone in the urinary bladder to fragments, to a powder that shall imperceptibly escape through the natural passage for the urine. With intense interest must we now revert to the almost incredulous feeling, with which, the first announcement of such an operation was received but three-and-twenty years ago, as haying been performed upon his own person, by a Colonel in our Indian service, who passed to the bladder, through a tube, a whalebone, at the end of which was a steel watch-spring, wherewith he contrived to act upon the stone.* The narrator of this proceeding observes that, no surgeon can effect this for another person, that to place the stone and the saw in their right position can only be done by the patient for himself. But the surgeon of our day, aided by mechanical skill of the highest order, does accomplish

 * Some Remarks on the Arts of India. By H. Scott, M.D.

The Journal of Science and the Arts. Edited at the Royal Institu- tion of Great Britain, yol. i., 1816. �

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28 THE HUNTERIAN ORATION. this for his patient with precision and safety. Let the philanthropist interested in whatever tends to the relief of human affliction, turn to the pages of our medical annals, * and there peruse the narrative by an intelligent and firm-minded man, of his sufferings under the operation of lithotomy, executed by the ablest of our surgeons. ‘“ When the words,” he tells us, “ Now, Sir, it is all over, struck his ear, the ejaculation, Thank God! did he utter, with a fervency of feeling and fulness of heart not to be conceived; that the most captivating vision to the sight, the most enchanting harmony to the ear, a combination of every thing calculated to delight, would fall short of the perfect blessedness of his situation at that instant of release from his tormentor.” Such is the picture to be contrasted with the modern proceeding which, in its favourable circumstances, bloodless, and without pain, effects a complete and permanent relief from the most distressing of maladies to which our frame can be subjected.

I fear to prolong in tediousness this bare enumeration of some, and but a few, of the efforts of modern surgery, yet, in connexion with the labours of Mr. Hunter, I cannot avoid a notice of proceedings recently instituted for the removal of certain deformities of the limbs existing from birth, interfering with progression, and often so unsightly in appearance as to haye been a source of distress even to the greatest of minds. The

�
 * Medico-Chirurgical Transactions, vol. x.

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THE HUNTERIAN ORATION. 29 division of the tendinous cords impeding the restoration of a distorted and contracted joint, seems to be but the re-introduction of an old operation; but the foundation of it was laid in the beautiful illustrations to be found in our museum of the re-union of a divided tendon, even the largest of the heel, and to the experiments upon which subject, it is known that Mr. Hunter was directed by his reflections on the union of the ruptured tendo Achilles in his own person, which, to his surprize, he observed to have taken place by the interposition of bone.

To do honour to surgery, to show the advances it is making, has been my object in citing some of the striking events in its modern history. The tillers of the field of science are more numerous than they were in ancient times, and this is one of the circumstances now concurring to its more rapid progress. But as in science, Honour can be rendered to intellectual labour alone, so I desire here to record my warm admiration of the labour bestowed by the medical sages of antiquity in acquiring the varied knowledge then considered to form the foundation of medicine. Their biographies, and the works they have left us, abundantly attest the intensity of their efforts, With advantage may we reflect on the extent and the variety of the studies successfully pursued by Boerhaave, so loudly celebrated, and so universally lamented through the whole learned world, in the emphatic language of �

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30 THE HUNTERIAN ORATION. his biographer ; and with equal admiration must we contemplate the intellectual labour of Morgagni, who occupied the whole of a long life to its eightieth year, in amassing for the benefit of posterity the vast treasures of knowledge contained in his great work, “ De Sedibus et Causis Morborum,” completing this work after blindness had seized him, with the help of the illustrious Scarpa, then but a youth, and who was occupied at night in reading to Morgagni, the Latin classics, as the means of refreshment, alike to the mind of the old man and the boy, from the exhaustion of the labours of the day. With the same feeling must we contemplate the original research, the profound erudition, and varied attainments of Haller, so finely eulogized by the Roman Historian as, “a Universal Genius uniting the fire of poetry with the sagacity and discernment of the philosopher.” And a happy subject of reflection it is, that these intellectual men of the olden times were as great in goodness as in wisdom. We know the fulness of feeling that impelled Galen to record the first exposition of the contrivances in the human skeleton as a sacred argument to the praise and honour of the Creator. We know moreover, the occupation of the advanced age of Haller in preparing as a last pledge of parental affection, his admirable exposition of the truths of Christianity * wherein, with the

Christian Religion. Translated from the German. London, 1803. �
 * Letters from Baron Haller to his Daughter on the Truths of the

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THE HUNTERIAN ORATION. 31 outpourings of his heart, he exclaims, “ Fifty years have almost elapsed since I was the disciple of the immortal Boerhaave ; but his image is continually present to my mind. I have always before my eyes the venerable simplicity of that great man, who possessed, in an eminent degree, the talent of persuading. How many times hath he said, when speaking of the precepts of our Saviour—that this divine teacher knew mankind better than Socrates.” —In honour to the memory of the individual, as a reply moreover to the suspicion sometimes entertained, that the occupations of our profession tend to the weakening of some of the best feelings of our nature, I tell the tale which the yenerable Morgagni has recorded of himself, * that having attended the fatal illness of a Nobleman, for whom he had a great personal regard, and whose body he was desirous should be examined, he says, “I sent a pupil of mine who was well practised in dissection, for I could not bear to be present myself.” Truly indeed,

« Great men have been among us; hands that penned And tongues that uttered wisdom, better none.”+

With ourselves, activity of observation and experiment is the chief business of life. But there are events of recent occurrence which may induce us to think that in the works of the ancients are contained

+ Wordsworth. �
 * De Sedibus et Causis Morborum.

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32 THE HUNTERIAN ORATION. the germs of discoveries yet to be made in medicine and its collateral sciences. Had the hint been caught and duly appreciated that was given by the sagacious Hippocrates, practical medicine would, centuries ago, have profited by the addition of the ear to the other senses in the investigation of disease; for, as Laennec has candidly avowed, it was from Hippocrates the first notion of the practice of auscultation was derived.* So with respect to one of the most interesting announcements recently made in anatomical science, the curious and beautiful arrangement of tubes and fibres in the bone and enamel of the teeth, it would appear to be but the re-discovery of facts which were recorded by Leeuwenhoeck more than a hundred and sixty years ago in the Transactions of our Royal Society. And, with respect to some curious phenomena manifested through a portion of the nervous system, the spinal marrow, recently engaging the discussions of our physiologists, it would appear that the original, but unnoticed mention of these phenomena exists in

 * Laennee—Diseases of the Chest—Introduction, page 4.

+ Microscopical Observations of the Structure of Teeth and other Bones, made and communicated in a letter by Mr. Anthony Leeuwenhoeck. Philosophical Transactions, 1678, “ We plainly saw that the whole tooth was made up of very small, straight, and transparent pipes.” One point Leeuwenhoeck certainly did leave for discovery by the modern microscopic observer, namely, the six-sided figure of the fibres in the enamel of the teeth, so interesting

as the contrivance for packing the largest number of fibres into the smallest space, and thus providing for the density of the enamel. �

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Wikisource:WikiProject Film/Drafts/Archives/Plane Crazy

User: PseudoSkull

File: Plane Crazy (SILENT).webm

Author: Walter Elias Disney, Ub Iwerks

Publisher: Walt Disney Studio

Year: 1928

PD: PD/US|1971|film=yes

Note: Only a silent test screening of the film was released in May 1928. A sound version wouldn't be released until the next year, and so the audio is still under copyright. This is a transcription of only the text available on the film. Any audible dialogue may be completely missing. The transcription will be reassessed in 2025 for the possibility of sound dialogue.

Cat: Cartoons, Mickey Mouse, Musical film, Sound film

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RV 89 (WORK IN LONDON) her fingers moved deftly and unerringly, the light very dim, the air full of the faint sickly smell of paste and of the slight crackling of thin wood, and the slight slop-slopping of the pastebrush. Sometimes she would sigh, not sorrowfully, but to draw a deeper breath. It was the only sound that was at all arbitrary, the only variation in the monotony of her life, the only thing that distinguished her from a wonderfully perfect machine. Now and then a piece of the thin wood cracked along the line of a knot, but she showed no sign of exasperation.

Her husband, as a rule, sat in front of the fire; his right hand had lost two fingers, his others were too swollen to be able to catch hold of a paste-brush, he sucked silently at the end of an empty pipe. To me, however,—I used to stand in the doorway and watch—what was appalling was not the poverty. It was not the wretchedness, because, on the whole, neither the man or the woman were anything other than contented. But it was the dire speed at which she worked. It was like watching all the time some feat of desperate and breathless skill. It made one hold one's own breath.

In face of it any idea of "problems", of solutions, of raising the submerged, or of the glorious destinies of humanity, vanished. The mode of life became, as it were, august and settled. You could not pity her because she was so obviously and wonderfully equipped for her particular struggle: you could not wish to "raise" her, for what could she do in any other light, in any other air? Here at least she was strong, heroic, settled and beyond any condemnation.

89

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RV 90 (WORK IN LONDON) As for ideals Looking at the matter from a broad field which includes Theocritus, Nietzsche, the Eastern question, or a general election, she had not even ideas. She was an engrossed and admirable machine. But if you gave her 2d., the price of a gross of boxes—if you gave her time literally, she would utter long bursts of language that was a mixture of meaningless obscenities and of an old fashioned and formal English. She did not see why the Irish were allowed in Southwark, and she would shoot forth a monologue of grievances against her husband's mates, shouldering the poor old chap out of a job, and stealing his 'bacca, and him next door to a cripple; she had stuck the carving knife through the arm of a drunken man because he had tried to come into her room one night when her man was in hospital. She laughed hoarsely at the idea, and made feints with her hands.

These topics seemed to come out of her as words come out of certain machines, unnatural and disturbing. She had not much desire to talk, her hands and eyes were continually going back to her paste-brush. But as for ideals! She wanted to keep off the rates; she wanted the Charity Organisation people, "them enquiry blokes", to keep away. She wanted her children to get their schooling done and easy things up a bit, helping her with the pasting. Above all she wanted the two lads to keep out of bad ways, and the two gals not to be bad gals with these here shiny top boots. She wanted them to stop indoors and paste match boxes. Sooner than see them on the streets she would 90

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RV 91 (WORK IN LONDON) use the carving knife to them; she had a sister a flower hand, making artificial flowers, who had "fallen".

Those were her ideals. If you translate them into terms of greater material prosperity you find them identical with anyone else's. One desires for the later years of one's life a little ease. She would have it when the law permitted her children to aid her. One desires privacy when one suffers, she would have it if the enquiry blokes would keep away. One desires that one's children should grow in virtue.

I should say that she was as contented and as cheerful as myself; she probably knew better than people more enlightened and with higher ambitions, the truth of the saying that was constantly on her lips, "We can't b well all have everything." And, as I have said, to be in her presence was to find all "problems". Police court missionaries, societies, and sisters of the poor grow dim and childish along with the Modern Spirit itself. It was like interviewing the bedrock of human existence in a cavern deep in the earth. "Influences" on the surface, busy about raising her seemed to become mere whispers a long way above. She supported them all.

As you went upstairs to her room you were presented with an astonishing picture. (I was at the time looking for an investment, and this house had been offered to me as producing a highly desirable rental.) It had once been a model dwelling; the stairs were of stone, but the railings, the banisters, the panels of nearly all the doors, and sometimes the very doorposts, every 91

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RV 92 (WORK IN LONDON) cupboard and every shelf, had been chopped down for firewood. As I went up past all these open doors and ragged door holes, in absolutely every room there were women, sometimes several, sometimes several children, bending over tables or over old sugar cases, silently and with great swiftness making matchboxes, making umbrella tassels, running together cheap coats, making artificial flowers—the very poor.

The thought—or rather it was a sensation so irresistible as to be an obsession—that in all that district all the houses were as similar inside as their outsides were unvarying, the thought was more than overwhelming. To look at London from that grim warren was to have a foreground like an untidy and uninspired battle field in which the background of broad streets and fine gray buildings vanished to almost nothing. No cathedral spires and the turrets of no museums peeped over those serrated roofs.

That problem that is no problem—the matter of the very poor workers—becomes there the only question of London. It is not, unfortunately perhaps, one that we can write or think about with any amiable cocksureness. It is not, unfortunately, one that any one man, any ten, or any two hundred can even touch from the outside. All these districts are honeycombed with missions, brotherhoods, and organisations. But the solution must come from within, and, inside there, there is no movement and only work. It is, in fact, a problem to all human intents insoluble, precisely because this particular class of worker is composed of individuals who, 92

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RV 93 (WORK IN LONDON) through heredity, through "type", through temperament, for a hundred predestined and tragic reasons, are absolutely incapable of creating Movements.

Their whole nerve force, and nearly all their thoughts are given to their work. They are the dust filtered down from all the succeeding dominant types, they are the caput mortuum precisely because they are hopelessly old fashioned. They cannot combine, they have not any thoughts left for it; they could not strike because they have no means of communication; they are inarticulate.

They are forming, and they have been forming for years, an hereditary class. Education hardly touches their children. It means that for ten or eleven years the poor little things are made acquainted with facts, and are underfed, and that when they are fourteen they fall again to their parents. They learn no trade, they go apprentices to no craft. After a year or two of matchbox making the "facts" of their instruction are worn down out of their minds.

And that very virtue of their mothers, that fierce determination to keep the little things "respectable", means tying them more and more to their rooms. That particular striving, a fierce craze forkeeping the children straight, is an almost universal "note", a dominant passion among the mothers of the very poor.

These, then, are the obverse and the reverse of the medal of work in London that appears to be so much of a gamble, that is really so fierce and so logical a struggle. For if we take X. as paying too little atten- 93

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RV 94 (WORK IN LONDON) tion to his actual work, we must think of this woman as paying too much.

Work in London to-day, if it have become in all its branches less of craft, depends more and more, if its worker is to make any individual success, on "temperament". Temperament in that particular sense we must take to mean the quality of inspiring confidence in one's employer or in one's customer. It is something akin to the artist's temperament, it is something akin to the charlatan's power to hypnotise mobs. The worker, if he is to rise out of the ruck, must impose his private personality upon a greater, or upon a lesser, public.

This tendency is most observable in the periodical press, that most enormous and most modern of industries. Here upon the whole the aesthetically intrinsic quality of the work offered by a young man does not matter much. The employer sits as it were in an office chair between the great public and the men who besiege him. It is not, obviously, his business to secure men whose work will remain, he wants staff that will "go". He will select for his permanent favours men who inspire him with confidence, men who have not any nonsense about them. Nonsense in this case is impracticable ideas of one kind or another.

X. will drive down to an editorial office in a nice dogcart and during an interview, interrupted by frequent calls at a telephone, will fidget towards a window overlooking the street in order to call pointed attention to the fact that his horse will not stand. In that case he may demonstrate that there is not any nonsense about 94

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RV 95 (WORK IN LONDON) him, that he is not dreamily poetic, but up to date and practical. He makes, perhaps, a chance for himself, but he might have done still better by studying his market, by acquiring a knowledge of the characteristics, the tone and the scope of the journal he has designs on. The editor, on the other hand, merely wants to get at whether X. will appeal to his own particular "crowd."

This tendency of dependence on the tastes of the great crowd is most handily demonstrable in the case of the Press; but it underlies every other industry. I happen to have followed the career of a man who is now still young and a very flourishing cabinet maker. He was the son of a widow in domestic service, Huguenot by descent, merry, dark and handsome whilst a young boy, but not otherwise strikingly intelligent.

The master of his mother got him apprenticed to a working carpenter, and he developed what was practically a passion for fret-sawing. He rather lost his looks and his clothes were always dusted with the little particles of wood that fall away from the teeth of fret-saws. As soon as he was out of his time he set up for himself as a jobbing cabinet maker, in a small Walthamstow shop; he continued to pay serious attention to fretwork. Eventually he evolved what was practically a style: he made small hexagonal coffee tables, of the sort one sees now in the smoking divans of seaside hotels. These things had a kind of pierced screen, Oriental in inspiration, between each pair of legs and 95

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RV 96 (WORK IN LONDON) were painted a dead white. He made perhaps a dozen of these, with more than a dozen little stools, and some over-mantels and settees to match, all in white, with quasi-Moorish perforations.

About this time W. saw an announcement in his trade paper: a certain large linoleum seller was giving one of his windows to bamboo furniture. W. set off at once with a specimen coffee table under his arm; he managed to see the proprietor of this shop—it was in a well-frequented thoroughfare. The latter consented to "stock" the rest of W.'s white things, which were ludicrously inexpensive. He arranged in his window an alcove in which a white coffee table, some white stools, and a white settee stood, or supported cheap Oriental trays and vases full of peacock's feathers. There was not a day to wait for the things to "take on".

In a few days W. was turning out scores of white tables and overmantels. His ingenuity ended by no means at quasi-oriental nick-nacks, he had in him an astonishing faculty for knowing what the public—in this case mostly young marrying couples—could be induced to "want". He turned out cheap Chippendales, cheap Louis XIVs, cheap farm-house styles; he went with his customer, the former linoleum seller, to Arts and Crafts Exhibition. Whatever there appeared to them as a "line" in tables, chairs, beds or whatnots he could modify very slightly, cheapen very substantially, and turn out in large quantities, and W. is rapidly growing rich.

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RV 97 (WORK IN LONDON) This, of course, is a Roman d'un Jeune Homme Pauvre, but it is something more because it casts a strong light upon the characteristics of work in modern London. For of the worker nowadays there is demanded more than the old-fashioned attention to work. Unless you wish to live for posterity you cannot any more put out good work, work that is solid and lasting, leaving it alone to push its way in the world and to bring you customers paying a goodly price. You must obviously produce work that is good in the sense of being attractive for the moment; that is the one essential. But also, as I have said, you must have temperament—the temperament that brings luck, because it makes you take the right step instinctively and at the right moment. And you must have that sympathy with the humanity around you that will let you know just what modification of your product will for the time hold the sympathy of the crowd. This essential holds as good for the company promoter as for the cabinet maker. And you must have the qualities of inspiring confidence and of knowing instinctively whom you can trust.

This personal element tends to become, paradoxically perhaps, of more and more importance as the spirit of combinations spreads. And it is spreading into the most personal of the industries of to-day. There died in March of 1903 a sufficiently remarkable woman, a Mrs. Russell of Southwark. She was shrewd and eccentric, she had a passion for displaying her fingers in an armour of gold rings, and her breast in 97

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RV 98 (WORK IN LONDON) a mail of gold chains, and it was a certain fortune for a costermonger to get on her soft side. For she had achieved nothing less than a "combine" of coster barrows in Southwark.

The tendency in all things is either towards the trustification of all activities or towards State and Municipal trading. Into either the personal factor must enter very largely. We may suppose the grocery 98

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RV 99 (WORK IN LONDON) trade to be taken over by the State. There will be no scope at all for individual brilliancy; counter clerks will take orders with about the same capabilities, and what "rises" there may be will go either by routine or by the recommendations of foremen. These latter, as to-day they do, will recommend juniors who appeal to them for one reason or another. The same thing will happen if the grocery trade in the alternative becomes one vast Trust.

This tendency is as observable in a London bank as in a London cement factory. The bank manager watches and considers the personal characteristics of his clerks with an anxious solicitude. He notes the particulars of his clerk's dress and the details of his home life. A subordinate, who hopes for promotion must be careful never to be seen wheeling a perambulator for his wife; it would, if he happened to become manager of a suburban branch, damage the standing of the Bank in the eyes of the customers, excellent accountant though he may be. On the other hand he must be an excellent accountant, and he must impress his superior with his knowledge of human nature. He must be able to gauge, both with his intuition and by the skilful utilisation of local gossip, what customers it is safe to trust with those overdrafts that are the life of suburban trade.

It is very much the same in cement or kindred 99

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Page:Hunterian oration, delivered in the theatre of the Royal College of Surgeons in London on February 14th 1829 (electronic resource) (IA b2148305x).pdf/11

Rh gree the qualities necessary for the investigation, and the energy to employ them, is the best and soundest philosopher. It is the love of truth and the endeavour to acquire it, that marks the philosopher, and forms a necessary condition in the character of the man of science. Is truth the bold, the significant lineament, of the age? Does truth preside at the balance, by which men are appreciated? Is not the estimation of men rather formed by the station they occupy, than by the qualities of those influences which have placed them in it? How often does the passion for effect obscure the splendor of truth!

he most ennobling occupation of man is the research into first truths. And for this enquiry the philosophy of the mind will make known the compass of his ability, and the estimate of his means, for conducting the investigation to that point where certainty commences, and immutable truths, or


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the times before history Conachoor was one of the great kings of Ireland. He ruled Ulster from his capital of Navan, where he had three palaces. The greatest of these three was the House of the Red Branch. Conachoor's warriors were called the heroes of the Red Branch, and great as the king was in himself, he was greater because the most famous heroes were among his captains, and the sweetest bards and the most powerful druids were his.

One day while Conachoor was feasting at Felim the bard's house, the wife of the bard gave birth to a daughter, and immediately the druid Cathbad made a prophecy. He said that this child, Deirdre, would grow into the loveliest of all women, and her loveliness would bring death to heroes and grief and calamity to the land. The heroes of the Red Branch wished to prevent what had to be by destroying the child; even Felim the bard was willing that she should die. But Conachoor thought to make Deirdre his wife, and her life was spared and she was taken away to a solitary place hidden among the forests of the mountains. It was known only to the deer, the hare and the falcon, and to Conachoor, and those who tended her and told her stories of magnificent and of strange things—the strangest and most magnificent that were told in the days before Deirdre herself was in a tale. Sometimes the king came and looked at the child. To her he was nothing but a king; she did not know that he who had created the solitude about her was also a man. Only Conachoor hunted in the sur-


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 rounding forests, and the penalty on other hunters was death.

There were no other children, and so for years she lived in that wild solitude. She was its child, like stag and hare and falcon, yet she hated it. For sixteen years she saw the young oaks growing higher, and the dead old ones crumbling lower, behind the ridge of the roof; for sixteen years she saw the ancient swineherd getting more and more ancient, though each year it seemed to be impossible. When she saw herself in mirrors or in the waters of the forest she said to herself:

'They tell me I am beautiful. I cannot see it. I see the beauty of the stag running with the herd, and the hare at play with his own, and the falcon soaring with his mate, and the flower growing on the mountains which its kind has never left, but not the beauty of a girl mewed in this inhuman dark forest with old men and women.'

The swineherd was bent like a reed in winter, and yet he turned himself slowly round to follow her with his eyes, and then, when his eyes no longer saw anything, with his ears. Once Deirdre tried to escape, and as she ran through the forest she did not see the old man because he was like one of the thousands of dead trees; but suddenly as she was passing he moved to see her better, and in her surprise she struck at him so that he fell dead. In her pity for the old man she forgot her flight. She dragged him to the hut where his old wife, whom she had never seen because she could not move out, lived a still life. As the girl entered the woman stared at her, and continued to do so until she was out of sight; then only did she lament the dead man and curse his destroyer.

It consoled Deirdre little for her imprisonment to


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 hear the old nurse Levarcham saying that Conachoor was a pattern of kings: patient, self-controlled, affable, strict but merciful, enforcing peace but without too much terror; one in whose palace there were lighted lamps and clapping of hands for the guests, comfortable seats, cupbearers decent and busy in serving, music not in excess, stories not over long, and pleasant talk for all. Nor did she care to hear of the breadth of the king's provinces and the nobility and multitude of his princes.

One winter morning she looked out of the window and saw her fosterer killing a calf, and a raven alighting beside the crimson blood that crept through the snow.

'Red as the blood, white as the snow, black as the raven,' said Deirdre. 'I could love a man who had skin white as the snow, cheeks red as the blood, hair black as the raven.'

Levarcham heard these words and said:

'Naisi, the son of Usna is such a one.'

So Deirdre desired to see Naisi.

At first Levarcham tried to thwart her. She pointed to a poor swineherd and said that he was Naisi. Deirdre was not to be deceived; she gave the man a message for Naisi at the House of the Red Branch. In a few days came Naisi with the sound of a horn, and rode up to her whom he had not seen since she was a day old in the arms of the druid. She knew him at once as Naisi the son of Usna, with skin white as snow, cheeks red as blood, hair black as a raven, wearing a tunic with many pearls and a crimson mantle. But he did not know her, though her glance made him look at her and see that she was more beautiful than any other woman, and also different. He thought that she was not a mortal, and only stopped because the horse refused to pass her. She loved him with all her


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 sprang two yew trees that spread until their branches embraced on high. Conachoor prospered no more. Cathbad cursed the Palace of the Red Branch. Fergus went over to the king's enemies. The heroes were scattered. Navan dwindled and became desolate, except in the songs of the poets who sang of Deirdre; and the grass covered it.


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Wikisource:WikiProject Film/Drafts/Archives/The Circus (film)

User: PseudoSkull

File: The Circus (1928) by Charlie Chaplin (restored version).webm

Author: Charlie Chaplin

Publisher: United Artists

Year: 1928

PD: PD/US|1977|film=yes

Note: This version of the film is taken from a 1968 restoration, which originally had copyrighted audio that was removed. The intertitles and video portions are all public-domain.

Cat: Comedy film, Silent film

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 soul and with all her body. She did but lay her hand on the red mane of his horse to hold its mouth away from her hair, and he loved her back again. They thought nothing of the commands of Conachoor. He loved her and she him. She asked him to take her out of the solitude, away from the king, and so saying she leapt up on to Naisi's horse and they rode away to the castle of the sons of Usna.

When Ainley and Ardan, the other sons of Usna, heard that this was Deirdre and that she was Naisi's wife, they were troubled. They knew that she was to have been queen, and they remembered the prophecy of Cathbad, that she would be the cause of death and calamity. Because they were afraid, Naisi told them that he and she were sailing to Alba and had no wish to damage others by their adventure. But the brothers, though troubled, would not hold back from the company of Naisi and their wondrous sister. Naisi and Deirdre rode off. Ainley and Ardan followed them to the shore. Once the brothers turned back to see why the silver of the horse ornaments was gleaming long after sunset, and they saw the fire of the burning of their castle. They looked at one another and were thinking to turn back and dispute the castle with Conachoor. Before they had spoken their thoughts they turned to consult with Naisi. Instead of Naisi they looked at Deirdre. She was laughing, but this did not anger them in spite of the burning castle. It was not the laughter of a fool, but of one who was wiser and stronger than they, though they were warriors and counsellors of a great king. They could not see her face, but only her small head, her long hair, and her bright sandalled feet as she rode, and yet they forgot their other thoughts and became silent, and continued to ride after the lovers.


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 Deirdre and the sons of Usna set sail for Alba. They came at nightfall within sight of the promontories of Alba, and because the wind fell they stayed that night in a bay under a cliff. There a ship came up to them, and a strange man on board of it stared hard out of a black hood at Deirdre. He begged Naisi to come to his castle, but first Naisi bade him tell his name and show his face. His name, he said, was Angus. At sight of his face Deirdre's lips whitened, and she said she would not go to his castle. When the ship had departed, Deirdre told Naisi that Angus was really the king of Alba. In a dream she had seen him standing over the dead body of Naisi, whom he had slain that he might deliver her to Conachoor.

They sailed on, and even though Deirdre was weary she could still laugh for joy of the rowing music. She grew more beautiful with the beauty of the sea, and after several days she wished that she had been a man, to think it but a little glory thus to sail in tempest along a stern coast.

They came at last under the cliffs where the castle of Usna once stood, the birthplace and playground of Naisi and Ainley and Ardan. They turned some of the jackdaws out of the ruins, and took possession. The chiefs of the country came in, and obeyed Naisi as they had obeyed his father. Angus of Alba was now dead, and they formed an alliance with the new king. Some of their time they spent with him in the north, some in their fatherland in the south. They fought in the king's battles, and second only to the beauty of Deirdre were the courage and might of the sons of Usna in the tales that were told and the songs that were sung to the harps of the mountains. Deirdre and Naisi and Ainley and Ardan hunted together, and enjoyed together the free-


text:
Circus

 * "The Circus" (1857), a short story published anonymously
 * The Circus (1898), a book by Isaac J. Greenwood
 * "The Circus" (1921), an essay by Joyce Kilmer
 * The Circus, and Other Essays and Fugitive Pieces (1921), an essay collection by Joyce Kilmer
 * The Circus (1928), a silent film starring Charlie Chaplin

title: Circus


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 dom of the mountains, the forests, and the great waters amongst them. They slept upon forest beds of brushwood, mosses and new rushes. The stags did not know the mountains, nor the cormorants know the sea, better than they. The sons of Usna forgot the palaces of Navan. Deirdre forgot her cage in the forest among the mountains. Conachoor was no more to them than a man in a story that is both dull and untrue.

But Conachoor could not and would not forget Deirdre, though he would willingly have forgotten the sons of Usna. They were to him more real than people in the tales that are like life when it is most alive. They were as true and living as the dreams that draw sweat from every inch of a man's body. When he thought of Deirdre with love, and of those brothers with hate, nothing else was real except the one fair face and the three dark faces of those distant ones; and all the royal apartments of bronze and red yew-tree wood were as dreamy before his eyes as they are before ours to-day. There were times when Navan was like a stupid dream that makes a man ashamed and is soon forgotten, and he would have rejoiced to let his capital and the House of the Red Branch and all the heroes pass away like a dream of this kind, if Deirdre or even Naisi would have come and stood in the flesh before his eyes and within his reach. Nevertheless Conachoor continued to rule at Navan. In spite of love and in spite of hate, he was very wise. Neither alone nor with an army had he crossed the sea in pursuit of the lovers. He had heard men singing songs of the beauty of Deirdre and the great deeds of Naisi, and he had not stirred. At last, after many years, he held a great feast for the nobles and princes and tributary kings of the land. Then, when they had eaten what makes men content and drunk what


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 makes all things seem possible, the king rose up in the hall, smiting with his rod the gong of silver above his head to make a silence.

'Is it fitting,' he asked, 'that great warriors of our land should live in exile on account of a woman? The woman is Deirdre, but the men are the sons of Usna. We miss them at this board. Can we do without them, my heroes, in the ranks of battle? I will call them back before they are old.'

At this the heroes believed that Conachoor had forgiven the sons of Usna and forgotten Deirdre. They rejoiced, saying that they had themselves long thought the same though in silence. But when the king bade them set out to fetch back those three they asked:

'Who is to bring Naisi unless Naisi be willing?'

'He,' answered the king, 'he who most loves me will be able to bring back Naisi.'

While they went on with the feast, Conachoor sent for Conall the Victorious in secret, and asked him:

'If you brought back the sons of Usna under a pledge of safety, and in spite of your pledge they were killed, what would you do, Conall?'

'I,' said Conall, 'would kill the murderers, even if they murdered at your command, O King.'

'Then you, Conall, are not he that loves me best.'

So he called next Cohoolin and asked him the same question.

'I would not accept any payment but death for their death,' exclaimed Cohoolin, 'and neither bribe nor fine should save your own head if it happened by your consent, O Conachoor.'

'Neither will I send you, Cohoolin.'

Next the king asked Fergus, who replied:

'I would take vengeance for the dead upon each


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 and all who had a hand in it, excepting only your Majesty.'

So the king sent Fergus and commanded him not to rest going or coming, and once he was back in Ireland to send the sons of Usna straight to Navan, whatever happened. He and his two sons in a black ship sailed far among islands and round promontories until they came into Loch Etive on a hot day in summer. They saw the tents of Deirdre and the sons of Usna upon the shore, and Fergus gave a shout. Deirdre and Naisi were playing chess, and at the shout Deirdre became white.

'It is the voice of a man of Erin,' said Naisi.

'Nay,' said Deirdre, lying out of a foreboding heart, 'it is a man of Alba. Take no heed of the cry. It is nothing.'

Again Fergus cried and in a loud voice, calling the sons of Usna by their names, and still Deirdre said:

'It is a dream: play on.'

But Deirdre could not play, and Naisi would not.

At the third shout Naisi knew the voice of Fergus and sent Ardan down to the shore to welcome him. Deirdre would have held him back. Her cheeks were white as surf under the moonlight; her eyes were large, and she looked old and sick with the foreknowledge that came to her through that one cry of distant Fergus. But Naisi remembered the halls of Navan and the battlefields of Ireland with a new joy. There was none like them in Alba, and though he had got fresh glory he had done nothing like the deeds of old, because his enemies were not great enough. He could not understand the paleness of her who had never shown fear, nor did he hear, save with ears only, when she confessed that a dream had warned her against Fergus coming to them with friendliness that meant a doom.


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 When he had greeted the brothers—but not Deirdre, for she stood apart—Fergus delivered the message of Conachoor:

'He desires to have back again the noblest of the heroes of the Red Branch. He offers you peace and a full welcome.'

The sons of Usna were glad, but Deirdre spoke to Fergus, saying:

'Naisi in Alba is king over a broader land than Conachoor's.'

'But', said Fergus softly, 'Erin is the home of his hero days. It has need of his prowess, and he has need of it to spend his powers against worthy foes.'

Fergus gave his word that he would be on Naisi's side if all Ireland were against him, and without looking at Deirdre Naisi promised to go, and all were glad saving her. From the ship's deck she looked back at Alba and spoke her thoughts:

'My love to thee, land of the east! I am sad to leave thy bright hills, thy rich plains, and the harbours of thy coast. O, we need not have left thee. Lovely and marvellous,' she said, 'is the land of Alba, and I would not have left it except with Naisi. The time now seems short that I spent in Alba with Naisi. Many days there we ate fish and venison and badger's fat, and slept solitary in the tall grass under its precipices or on the calm waters. There we made our first house together in Glen Etive where the sun dwelt as a cow in its fold. The singing of the cuckoos on the branches was sweet in Alba. There Naisi was gladder than any man. The very white sand under the waters of Alba was dear to me, and I would not have left that country except with my beloved.'