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 it a defense of cut stone, about as high as the fort, and a rampart that commands all the country and part of the sea. On the other side, I have built another rampart, small and low, for the defense of the principal gate of the city, which has been built there under the shelter and defense of the projection of the high fortification; so that fort is now safe and useful. Afterward the work will be completed on the other side. I am sending an account of this. From this gate, the wall is being continued along the land side toward the river as far as its entrance, with the same thickness, height, and shape as the other wall, and each with its traverses.

And now this city is enclosed by sea and land, so that only one small portion fronting on the river is open between that and the fort of the point. This has not been enclosed, because that open space is so small, and it fronts on the river between the fort of the point and another cavalier named Sanct Gabriel which has been built there. As these two are opposite each other and within easy distance, it is evident that no danger will enter by that place, for it is the best guarded and most secure. And, too, as this wall and fort have been built at so little or no cost to your Majesty, except from the two per cent tax levied once, and from your Majesty's monopoly of the sale of playing-cards, I ran so short of funds that I was compelled to leave this bit of the shore unenclosed. But, God be praised, the work in its present condition is so far advanced, that no enemy who attacks me can give me any cause for anxiety. Your Majesty may see what has been done since my arrival here, by the accompanying plan. This wall has had no less ef-


text: Index:Houghton Mifflin Co. v. Stackpole Sons (113 F.2d 627).pdf

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


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 fect for the undeceiving of the natives. Hitherto they have hoped that the occupation and settlement of the Spaniards here was not to be permanent, as was observed in a joint meeting of the religious orders and myself, held in your Majesty's fort about one month ago. At that time Fray Christoval, who was managing this bishopric, said that, less than one month previous, some chiefs of La Laguna (which is five leagues from this city) had asked him when the Castilians were going to leave. They will have been already undeceived in this regard, and the insolent and audacious designs of the hostile mestizos and foreigners will have received a heavy blow when they see this city enclosed and defended by land and sea.

Although the cathedral church was being finished when the vessels left, after the portal was built—although with opposition and a suit, as your Majesty will see by the accompanying papers—I had your Majesty's arms placed upon it. Truly, that was sufficiently contrary to the will of these priests here, who—just as if your Majesty were some foreigner, and not the sovereign, as you are, of all this land—declare that, wherever the arms of St. Peter are placed, those of your Majesty are unnecessary, to such a state has the insistence and license of the ecclesiastics here come. Finally, as to the building of the church, it is so far advanced that, notwithstanding the little still to be done, the divine offices are celebrated therein with due propriety. The canons receive their pay from their stipends, and are content therewith. There is need of a prelate—who, as I have written your Majesty, should be not a theologian, but a canonist, in order to serve suitably God and your Majesty.


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title: Page:The Poems of Oscar Wilde.pdf/12


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 The work on the new convent of Sanct Andres and Sancta Potenciana for the shelter and training of girls is well under way, although for lack of money not so far advanced as I would like. However, the girls are being cared for in the house first assigned them.

As I have written to your Majesty, I have four galleys fitted up, which are actually patrolling the coast, and acting as a defense to these islands whenever needed, although they cost me abundance of complaints, both in and out of the pulpit, from these blessed fathers, who have compelled me to make the enclosed inquiries; and yet, with the rumors and dangers current at the present time, these four seem but few to the theologues. My only regret is my inability to provide and fit them with all the things that they lack, as I wrote your Majesty.

In accordance with clause 7 of your Majesty's instructions, whereby I was ordered to allow the Indians to pay their tribute in land products or in money, as they chose, your order has been observed hitherto. Experience has shown that the carrying of this measure farther means the ruin of the country; for since the Indian sees that he can pay his tribute with ten reals, which he makes in one day's gain, all the rest of the year he makes merry and spends his time in idleness and leisure, drunkenness and magabalijas, which are his sources of income. Therefore they do not sow their fields, raise animals, or weave their cloth, or cultivate the fruits of the earth. On this account no rice is found, nor one mata or lampote, which is worth more than three from China.


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 There is no cotton, wax, gold, or other article of exchange; and all the trade here in these things has been lost, as well as the great cheapness of these things when the Indians paid their tribute in produce, and not as they might choose. When it became evident that the country was falling into ruin, and the pressure brought to bear by the encomenderos in opposition to the religious orders, and the injuries and annoyances resulting from this method of collecting the tribute were seen, it was determined that it should be collected in produce, as your Majesty will see by the resolution taken there. Therefore we shall collect the tribute in accordance with this decision, until your Majesty shall be pleased to order otherwise.

The bishop of Malaca wrote me the letter that I enclose herewith. And although I answered him so briefly, and without making a decision (as you will see by the enclosed copy of the letter), because I did not like to say what I thought without first consulting your Majesty, now, because of some news and information given me in regard to matters of the commerce and navigation of those regions and of these, I lay before your Majesty, in the enclosed paper, the drawbacks and advantages on either side that I find in this matter, so that, after examining them, your Majesty may be pleased to order in all these matters what is most suitable.

I have written to your Majesty concerning the great annoyances resulting from the unsuitable marriages of widows and minors, who are wealthy encomenderas of this country. It is a fact that within the last few days, three cases of very great inequality and irregularity have occurred in the marriages of the widows of very respectable captains, with an income


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 Professor Palmer says truly that "the charge of 'soft' courses is the stock objection to the elective system." He is, therefore, at considerable pains to show how wisely the juniors and seniors on the whole make their choices, and with no predominating disposition to shirk hard work. I regret that we are not told more particularly just how the lower classes exercise their option. For it is as to the lower classes that our main contention exists. In order to make his case good, it must be shown that boys of eighteen and nineteen, on entering college without a knowledge of what their pursuits in life will be or of what in reality most of the studies before them mean, are competent to compose the entire subject-matter of their own instruction. On my part, I am prepared to affirm that for wise choice of elective courses far more maturity of judgment and knowledge of various subjects than belong to the American youth at such a time in his life are highly desirable, if not imperatively necessary. So far as I can judge, the choices of the Yale juniors and seniors show more taste for hard work than is developed under the new system. It is noticeable that no course in the classics or higher mathematics is set down as being a favorite with the two upper classes at Harvard in 1883–84. But 54 juniors and 181 seniors are reported as having taken courses in "Fine Arts" for the present year. At Yale this


text: Kalevala (Kirby 1907)/Runo 1

title: Kalevala (Kirby 1907)/Runo 1


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 of more than four or five thousand pesos. One of them was of advanced age, and quite unfitted for marriage. They all married youths with little or no money, who have employed evil methods to obtain this end, and have defrauded several very honorable and worthy captains and soldiers, who serve here, and for whom such encomiendas were especially established. These women inherited these encomiendas from their husbands or fathers. This abuse will result in the complete destruction of this country, and the discouragement of its soldiers and conquistadors, unless your Majesty remedy it. This can be done by ordering that these marriages shall not be made here without communicating with you, under penalty of loss of such encomiendas; and it should be provided that the governor should not make this an opportunity whereby to accommodate and provide for his relatives and servants. Your Majesty will act according to your pleasure.

The encomenderos and soldiers of this country, who have grown old and married here, say, whenever I summon them for certain matters in your Majesty's service—whether for actual service, or only to confer with them—that they are old, that they have served sufficiently, and that they are embarrassed with wives and children. Thus I find them disinclined to any service; but, if I do not summon them, they assert that I give them nothing to do, and do not consult them at all. The worst of it all is that they all imagine themselves capable of giving counsel. Those who are capable know very well that I employ them, and consult them in matters about which I think they have something to say. For those who would complain, I leave the door open, so that


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 they may present their arguments in regard to the mistakes made hitherto.

Having ascertained very carefully the extortions and injuries inflicted on the Indians by the encomenderos and their collectors, in the collection of their tributes, I have thought that it might be a good plan to have the tributes of all the encomiendas collected in your Majesty's name, and placed in the royal treasury; then they could be paid out from it to the encomenderos. By this method innumerable acts of tyranny and insolence would be avoided, which can not be remedied, especially in encomiendas distant from here one hundred, one hundred and fifty, or two hundred leguas. Not one case of punishment has occurred in these encomiendas, although there are wrongs. We must go there with the authority of the law. Thus all the encomiendas would have but one master and true proprietor—namely, your Majesty. The collectors would be appointed by one person, and would be men of merit, and conscientious and moral. The estate of the temporal encomenderos would be managed for them at less cost than they themselves would incur therein, and all the tributes would be collected without any care or trouble on their part. Although this might be somewhat severe on those who already possess encomiendas, it might at least be adopted for those in the future who are granted favors and new appointments (just as if the encomienda were vacant), so that this so commendable usage might be introduced. In reality the value of the encomienda would be given to them,


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 the royal buildings, the procession did not go to them, which they could have done at the cost of so little time and space, and would not, on that account, have been prevented from returning to the house of the bishop. Will your Majesty order in this regard according to your pleasure.

The city is concerned, and I believe I wrote to your Majesty, about the ten per cent duty imposed in Mexico recently on merchandise from this country; and although I desire nothing so much as that there be found a way to provide for the pressing need in which your Majesty finds yourself in these necessitous times, still, with your Majesty's permission, I will say only concerning this, that, although it is true that the profits of this merchandise, if well administered, might endure this duty, yet the citizens of this country are poor, the money and capital are restricted, and the land is new; and at the beginning these gains were larger than now, since, because of the heavy expenses, the net profit obtained is much less. Likewise it appears that the same statement is true of the natives, who feel keenly so many burdens, and who are suspicious that we are gradually increasing them. Therefore they say the Castilians have good words but few deeds, and those evil. Those who might better carry this burden are the Chinese, because of the great profit and gain that they make and obtain here in so little time. But I fear also that if they are annoyed, they will not come and will abandon the trade, by which this country lives and increases. I do nothing but put both of these considerations before your Majesty, so that you may ordain in everything what is most to your service. May our Lord preserve your Majesty for many happy years as Christendom


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 been treated as evidence of interference with the exercise of the employees’ rights under the Act. But as a general rule, statements of employers or of employees can have no rational probative force as evidence in a proceeding before the National Labor Relations Board except when such statements relate directly to a factual issue before the Board.

The statements in question in this case were not directed to employees but to the readers of the publications of respondent. The record indicates beyond question that these statements appeared in print a considerable length of time after the commission of the unfair labor practices. We are convinced that they afforded no substantial evidence of respondent’s bad faith at the time that he was meeting with the representatives of his employees.

Furthermore, we feel that by the Board’s own action the articles in question were before the Board only as evidence that the respondent was engaged in interstate commerce. The record contains the following entry:

“Mr. Reynolds. (Attorney, National Labor Relations Board) As further evidence bearing upon the question of the Board’s jurisdiction in this case I wish to offer copies of each of the three magazines published by the Lightner Publishing Corporation, which tend to show national scope of the business of the Lightner Publishing Company, national advertising and circulation, and so forth. As Board’s Exhibit No. 3, I will offer the November 1937 issue of Automatic Age; as Board’s Exhibit 3-A, I offer the November 1937 issue of Hobbies; as Board’s Exhibit No. 3-B, I offer in evidence January 1938 issue of All Pets Magazine.

“Trial Examiner Erickson. They may be received. (Thereupon, the magazines above referred to were marked as ‘Board’s Exhibits Nos. 3, 3-A and 3-B,’ respectively, and were received in evidence.)”

While we realize that rules relating to evidence are relaxed in the case of administrative hearings, we are of the opinion that an exhibit introduced and accepted by the Board for a single purpose only cannot be used by the Board for an independent and unrelated purpose.

The petition, of the National Labor Relations Board for an order of enforcement is granted and the enforcement of the order of the Board, as modified, is decreed.

Appeal from the District Court of the United States for the Southern District of New York.

Action by the Houghton Mifflin Company against Stackpole Sons, Inc., and another for alleged infringement of a copyright. From a summary judgment of the District Court for the Southern District of New York, 31 F.Supp. 517, awarding an interlocutory injunction; defendants appeal.

Judgment modified in accordance with opinion.


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 term, however, 53 choices of courses in higher mathematics (calculus, vector analysis, etc.) have been made by juniors and seniors, and 179 choices in the ancient classics, 99 in Latin, and 80 in Greek, by the same classes. (1 give the number of choices rather than of men, as indicating better the amount of interest taken in a given subject.) It should be remembered, also, that each of these choices involves responsibility for the performance of a daily task, as distinguished from cramming for an examination. I am unable to say that the Harvard system has no statistics to match these. But I have a pretty firm conviction that students who have been kept regularly at hard work in prescribed courses for the first two years of a college course will be far more likely to enjoy hard work in the later years of that course.

The last remark would, of course, hold true only in case the standard of scholarship were kept well up, and the instruction made bracing and attractive. I am therefore led to examine briefly two other excellences which Professor Palmer ascribes to the New Education. It is, he thinks, steadily raising the rank which is reckoned "decent scholarship." This is apparently proved by a comparative statement of the "marks" received by the average Harvard student in the different classes for the different years since 1874–75. I will say frankly, but without intending to cast the least


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Sire:

It is well known that the emperor of Japon is powerful in men and arms, and that his people are of great courage. He was making ready two hundred ships, and casting quantities of artillery. Japon is distant from the realm of the Philipinas four hundred leagues, which is a voyage of fifteen or twenty days by sea. On his friendship depends the preservation of the Philipinas, and of two hundred thousand Christians in that same kingdom of Japon, as well as of the rest of its people, who are being christianized from day to day. We have great hopes that all of them will become Christians, because it is known surely that many of the principal people of Japon would become Christians, if they were not hindered by their fear of the said emperor's indignation. He ordered me to say to your Majesty, on his part, that, if your Majesty would make friends with him, he would always provide the governor of the Philipinas with what assistance was necessary, even to ten thousand men. When the governor of Meaco (who is the


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 shadow of question over the sincerity with which the proof is offered, that I find myself unable to confide in it. I should not think of trying to compare the statistics of the marks given under any two systems; or even—for that matter—under different decades of the same system. The marks of the average student are, of course, higher under the elective system. One reason is to be found in the fact that so many students choose their electives with reference to the marks they expect to attain under the chosen instructor. The teacher, as well as the pupil, is known by his marks. And it is more of a test of a pupil's real merits, under the elective system, to inquire how many courses he takes under teachers that give hard work and low marks than how high a mark he is able to attain by judiciously choosing his courses. Under a system of study largely prescribed, the various eccentricities of the instructors in marking nearly cancel each other. But under a system wholly elective the comparative statistics of the marks are quite worthless to indicate the grade of real scholarship secured.

I feel some hesitation about extending my comparisons so as to cover one of the points which Professor Palmer has made. He testifies to the improvement which the New Education has wrought in the spirit and work of the instructors themselves. His testimony is, of course, to be


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304 ber of years and edited the Oregon Amateur, being the first amateur editor in Oregon. Harry M. Clay, born May 29, 1860, was the first child of the family born in this state. His death occurred May 30, 1898, He was married on the 25th of September, 1884, to Miss Olive Butler, and at his death left two children, Frances A. and Hazel D. The former, who was born June 4, 1888, is the wife of James W. Pomeroy and has one child, Clay J. Hazel D. was born September 10, 1893. Edwin P. Clay, the fourth member of the family, was born March 14, 1865, and on the 26th of December, 1888, was married to Miss Edith C. Thomas of Olex, Oregon. He is now located at Forsyth, Montana, where he is engaged in the stock business. Alice A. Clay, born January 8, 1867, was married April 8, 1886, to Arthur S. Gibbs, who was born at Hillsdale, Michigan, April 23, 1857, and came to Portland in 1883. Here he was cashier and local treasurer for the Pacific Coast Company and was always connected with railway interests up to the time of his death, which occurred August 6, 1902. Mr. Gibbs and all of the members of the Clay family who have passed away have been laid to rest in Riverview cemetery. Unto Mr. and Mrs. Gibbs were born two children: Leon C, born February 12, 1887; and Arthur E., June 25, 1896. Achsah B., the sixth member of the Clay family, was born May 22, 1871, and died March 20, 1873.

Mr. and Mrs. Clay on coming to Portland established their home on Sixth street near Madison. Later they removed to the corner of Third and Madison and after five years took up their abode at the corner of Thirteenth and Market streets, purchasing a lot one hundred feet square. A small house was standing there and they occupied it until a larger residence was erected, Mr. Clay living there up to the time of his death. He was always a republican, but would never hold office. Both he and his wife were members of the Methodist church on Taylor street, and their many substantial qualities gained for them the kindly regard of all who knew them. Mr. Clay passed away December 4, 1900. He had survived his wife for only about a year, her death having occurred on the 5th of November, 1899. Both were laid to rest in Riverview cemetery. They were widely known by the old residents of Portland. Mr. Clay's activity in business, his faithfulness in the church, and his loyalty in citizenship gained him a firm hold on the friendship and regard of those who knew him, and Clay street, one of the principal thoroughfares of the older district of the city, was named in his honor.

Few men in the state of Oregon have attained a more honorable record than Hon. George C. Brownell, a prominent attorney of Oregon City, and a man whose services in behalf of the state may be said to have marked an era in the annals of Oregon. The efifect of legislation which he introduced in the general assembly of the state will be felt for many years to come, and an examination of his public acts indicates that many of the measures he favored are those that are being fought for by friends of progress in other states of the Union.

Mr. Brownell was born at Willsboro, New York, August 10, 1858. He is a son of Ambrose and Annie (Smith) Brownell, the family being of English ancestry and among the early colonists of New England. Ambrose Brownell was a native of Essex county. New York, but removed to Columbia county of the same state, where he continued until his death. He was a soldier in the Civil war, fighting for the Union as a member of Company F, One Hundred and Eighteenth New York Infantry. The regiment took part in many engagements in Virginia and at one time he was severely wounded. His wife was a native of Addison county, Vermont.

After the usual course of study in the public schools and academy, George C. Brownell entered upon the study of law in the office of Hon. Charles L.


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 accepted as conclusive upon this point. I should be very loath to admit, however, that the kind of spirit and method which he justly considers admirable in the teacher are inseparably connected with the system in vogue at Harvard. It seems to me that a teacher who suffers himself to grow dull and slack because his pupils must come to him whether or no is scarcely fit to be a teacher under any so-called system. Certainly there have been not a few inspiring instructors in our American colleges before the New Education was discovered. Is it at all likely that there will be only afew poor ones in case the triumph of the New Education is everywhere secured? Is it not even possible that certain methods of instruction may in time be developed by a system that makes so much depend upon the favor of those instructed which will not conduce to the highest efficiency in education?

A word of personal experience will be in place at this point. I cannot follow Professor Palmer, who looks back upon his college days and feels that more than half his studies should have been different. The studies in my college curriculum were wholly prescribed; they included the ancient classics in junior year, and calculus, both integral and differential. Like him, I was especially fond of Greek and philosophy; but I studied calculus with more carefulness on that very account. I


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 Beale, a member of congress of Hudson, New York, and in Albany in 1880, at the age of twenty-two years he was admitted to the bar. He practiced for a time at Frankfort, Kansas, and also served as mayor of the town from 1884 to 1885. In January, 1886, he removed to Ness City, Kansas, and soon afterward was appointed attorney for the Denver, Memphis & Atlantic Railroad, extending from Chetopa, Kansas, to Pueblo, Colorado. For two years he served as county attorney of Ness county, Kansas, but, although he had made an admirable start in his profession and had acquired a good reputation as a practicing attorney throughout a wide region in the Sunflower state, he could not resist a call that came from the northwest, and in June, 1891, he took up his residence in Oregon City, where he has since made his home.

It required a very short time for Mr. Brownell to become recognized among his brethren at the bar as a good lawyer and one who was destined to attain prominence in his profession. His business increased rapidly and his clients are among the leaders in all lines of business in western Oregon. He has all his life been a supporter of the principles of the republican party, and in 1892 was a nominee of the party for state senator. Under the law of the state, however, he was obliged to decline the honor at that time, as he had been a resident of Oregon for less than a year. He was made chairman of the delegation from the county convention to the state convention and was chairman of the republican central committee of Clackamas county during the campaign of 1892. In 1894 he was nominated by acclamation as state senator, an office which he occupied for three terms of four years each, extending over a period of twelve years. In the special session of 1898 he was chosen by his party caucus to present the name of Hon. Joseph Simon to the joint assembly as the candidate for United States senator. In 1900 he received the unanimous indorsement of the republicans of Clackamas county for member of congress. During the session of the state legislature in 1901, when the hope of electing a senator was almost abandoned, Mr. Brownell presented the name of John H. Mitchell, who was elected to the office. He also succeeded in the session of 1903-4 in securing the election of Hon. C. W. Fulton to the United States senatorship, full credit for this act being given him by Senator Fulton in a speech which he made immediately after the deciding ballot had been cast.

As a hard-working member of the state senate, Mr. Brownell was instrumental in framing much legislation which has been of great value to the state. He introduced a resolution for an amendment to the state constitution, providing for the initiative and referendum. This measure was brought forward in the session of 1901, and through Mr. Brownell's efforts, seconded by the votes of many members of both houses, the resolution was adopted and later was submitted to the vote of the people, and it was confirmed by popular suffrage, thus providing a means for the passage of the primary law, giving the people of Oregon the power to nominate their state officers without the aid of state or county conventions and also to elect United States senators by popular vote. Mr. Brownell was also author of the law providing that supervisors may be elected instead of being appointed; of a bill exempting to every laboring man who is the head of a family thirty days' wages from attachment and execution for debt and other measures of state-wide importance. At each session he introduced a bill authorizing the calling of a constitutional convention to revise the organic law of the state and secured the passage of the bill through the senate in 1901, but in the house it was defeated by two votes. He was the author of a bill to elect precinct assessors instead of county assessors, and succeeded in securing the passage of this act in the senate, but it was defeated in the house by a very small majority. He introduced a resolution calling for the appointment of a committee to investigate the school funds of the state, and was made chairman of the committee which later reported a shortage of thirty thousand in the school funds and stopped abuses which threatened to dissipate


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 the money that should be used for educational purposes. Mr. Brownell was president of the senate in 1902, 1903 and 1904, and continued as a member until 1906, since which time he has devoted his attention mainly to the practice of law. While acting as presiding officer of the senate, by a unanimous vote of both houses of the legislature, he was selected to deliver the address of welcome to President Roosevelt on the occasion of the president's visit to Oregon May 22, 1903. This was a distinguished honor. The address is an eloquent and beautiful tribute not only to the chief executive of the nation, but to the spirit of the people, whose representatives voiced their sentiments through the presiding officer of the highest legislative body in the state. The address is as follows:

"In behalf of the legislative assembly of the state of Oregon, we welcome you to this state. I know that I express the welcome of each member of both houses of our legislative assembly, irrespective of political creed. We welcome you as president and chief executive of the greatest people and greatest country in the civilized world. We welcome you also because we believe you stand for the highest ideals of American citizenship.

"We welcome you because we believe that in your personality you represent more strongly than any other public character in America the energy, the pushing and progressive spirit of all Americans.

"We welcome you because we believe that you represent and stand for the high and legitimate claims of labor and capital to unite without repression from either in the upbuilding and development of the material resources of this republic.

"We welcome you because we feel that we can see in you that same spirit that has been illustrated so many times by our fathers in this, that wherever we go as a people, wherever we stand, we stand for the right and a higher civilization; and 'wherever our flag is put, there it shall stay put. "We welcome you because we believe that you stand for the idea that a nation or a people can never stand still, that they must go forward and upward or else the race will retrograde.

"We welcome you because we believe that whatever problems we as a people have to meet, whether they be in the coal fields of Pennsylvania or on the Pacific sea or in the Orient, that you will meet them as the chief magistrate of this country in a spirit of high liberal statesmanship, all the time governed with the idea that what is right for us to have, that we shall have.

"And again, I assume the responsibility here of welcoming you in behalf of the Second Oregon Regiment of Volunteers who served eight thousand miles across the sea in the Philippine Islands to uphold the same flag that was so upheld by you and those under you on that July day on San Juan Hill."

On the 28th of September, 1876, at Rockland, Massachusetts. Mr. Brownell was united in marriage to Miss Alma C. Lan. Two sons have been born to them, Howard and Ambrose. Mrs. Brownell is a member of the Presbyterian church, and Mr. Brownell is connected with a number of fraternal organizations, among them the Knights of Pythias, the Benevolent and Protective Order of Elks, the Improved Order of Red Men, the Knights of the Maccabees, the Woodmen of the World and the Ancient Order of United Workmen. As is to be clearly seen by even a cursory glance at the salient points in the career of Mr. Brownell, he is a man of determined character. He is also the happy possessor of great resources within himself, which he can marshal when occasion offers. He is a live factor in the community and whatever his hands find to do he does with all his might. As a lawyer he has proven to be a safe counsellor, an able pleader and in the courtroom an opponent who gains the respect even of his bitterest adversary. He is a clear and forcible speaker, and has a mind well stored not only with lore gathered from law books, but with facts gleaned from the great fields of literature which have been his recreation and


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 are on a larger scale in everything, and because things are more expensive in them, I have set the price at four reals apiece until your Majesty is pleased to decree what is to be done.

On certain of the buildings of this city, upon which it is advisable to have the city's arms placed—as the houses of the cabildo, the prison, and others built at the expense of the city—I have not allowed the arms to be placed; for the arms which are now on some cloths on its cabildo, which are those used at the discovery of this country, seem to me to have more meaning and to be more pleasing to the natives of the country than to the Spaniards who settled it. For they represent a bark or frigate in a river, with a shore lined with cocoa-palms, which is a fruit of this country. If some memorial of some king imprisoned, or some notable deed were to be placed on them, they [the Spaniards] would consider them suitable. But of them, I say, that should the Indians seek for a coat of arms as a memorial of their native place and country, they could find none more suitable. Therefore I believe that the city will adopt with ready compliance such design as your Majesty may ordain. For this purpose, I have ordered that, on the façades of the principal gate of this city, and in other places, where I have had your Majesty's arms placed, collateral stones be placed for those of the city, as yet left blank, until your Majesty shall determine what shall be decreed in the matter.

The procession made here on Corpus Christi day, with the assent of the bishop, passed before his residence; and although but twenty or thirty paces from


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 delight. He is diligent in his profession, active in pursuit of truth, and always lends a willing ear to calls upon his time or service, even when there is no expectation of pecuniary reward. He has earned the place he occupies as a citizen whose record is a complete refutation of the claim that all men have their price and that no man can engage in public life for a series of years and retire with an unsullied reputation.

Tom Phocion Randall, postmaster of Oregon City, was born in that city November 22, 1863, a son of Noble Warren and Susannah Randall. His father, who was a native of Ohio, was born in 1825 and came to Oregon over the trail in 1852. He lived for many years in Oregon City and Clackamas county and occupied many public offices of trust. He was a man of high character and many noble impulses, and was one of the most popular citizens in this part of the state. He died on the 30th of May, 1890. Mrs. Randall was a native of Kentucky, where she was born in 183 1. She survived her husband for fifteen years, and was called to rest after a long Hfe of usefulness in 1905.

The subject of our review was reared under highly favorable auspices and was educated in the public schools of Oregon City and at the Portland Business College. After leaving school he was for some time in the employ of the Milwaukie Flouring Mills of Milwaukie, Oregon, as bookkeeper. Giving up that position, he entered the real-estate business with Thomas F. Ryan in Oregon City and there gained a thorough knowledge of a line which is one of the necessary elements in the growth of any city. He became a member of the Oregon City Transportation Company, and for five years acted as purser of the company. Like his father, he possesses the traits which are essential to those who succeed in public life, and it required no special effort on his part to gain a seat in the city council, over which body he presided during the years 1891, 1892 and 1893. In 1898 he again was elected to office, this time as county recorder, in which position he served with general acceptance for two terms. In 1903 he was appointed postmaster, and in 1907 was reappointed to the same office, having shown a capability which was greatly appreciated by the business men and citizens generally. He has been a lifelong republican, and is an ardent supporter of the principles of the party.

On the 5th of November, 1895, Mr. Randall was united in marriage to Miss Violet A. Matthieu, the youngest daughter of F. X. Matthieu of Butteville, Oregon. She was called away in 1896, leaving no issue. Mr. Randall was again married at Oregon City on the 3d of April, 1904, to Miss Nellie E. Boyd, by whom he has one child, Velma Margaret, who was born April 3, 1905.

Mr. Randall has at various times been connected with movements having for their aim the improvement and advancement of this region. He was a member of Company F, Oregon National Guard, and served as lieutenant of that organization. He has passed through the chairs of Oregon Camp No. 3, I. O. O. F., and also of Falls Encampment No. 4, I. O. O. F., and Watchene Tribe No. 13, I. O. R. M. He holds membership in Oregon City Lodge No. 1 189, B. P. O. E., and at the present time is president of the Oregon City Commercial Club, which is one of the leading factors in the upbuilding of this city.

Mr. Randall has passed his life in the community where he now resides and the honorable position he occupies is evidence of the esteem in which he is held by those to whom he is best known. It would be difficult to find a higher indorsement than that of our lifelong neighbors and friends. In all his acts, Mr. Randall has been governed by a desire to be just, and in no case to exact more than that which is due. As postmaster he is courteous and obliging, and the office is administered in a way that meets the commendation of citizens and of


text: Page:The Poems of Oscar Wilde.pdf/13

title: Page:The Poems of Oscar Wilde.pdf/13


text:
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The King: To my cousin, the Duke. My zeal and desire have always been, and are, to procure and provide throughout all the provinces, divisions, and localities of the Western Indias, whether already discovered or to be discovered hereafter, the propagation and extension of our holy Catholic faith and Christian religion; and for that purpose I endeavor to provide the necessary prelates and ministers, through whose agency the natives of those parts, blinded by their hideous idolatry, may come into knowledge of the true faith; and, together with those already converted, may be enlightened and instructed so that they may enjoy salvation, partaking of the copious fruit of our redemption. Hence at my supplication, archbishoprics have been established in those districts and places where it seemed necessary. For, in spite of the fact that a bishopric was founded in the city of Manila in the island of Luzon in the Philipinas, situated in the great archipelago of China, very near the mainland of that country—yet, inasmuch as that district is very large, and contains numerous islands with a large native population—a single prelate cannot easily and under ordinary circumstances visit his diocese as he should, fulfil the pontifical decrees, and provide for spiritual affairs


text:
Page:Houghton Mifflin Co. v. Stackpole Sons (113 F.2d 627).pdf/2

 Philip Wittenberg, of New York City, for appellants.

Hines, Rearick, Dorr & Hammond, of New York City (Archie O. Dawson, of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.

PER CURIAM.

This court affirmed a temporary injunction in this case (Houghton Mifflin Co. v. Stackpole Sons, Inc., 2 Cir., 104 F.2d 306), and the Supreme Court denied certiorari (308 U.S. 597, 60 S.Ct. 131, 84 L.Ed. —). Thereupon, the plaintiff moved for summary judgment upon affidavits under Rule 56, Rules of Civil Procedure, 28 U.S.C.A. following section 723c, which the judge granted; the defendants appeal. Our earlier opinion states the general situation in detail, and we need not repeat what we said. The only question before us now is whether there is any issue, relevant to the merits of the case, which deserved trial. We have already decided that a person who was neither citizen nor subject of any government could take out a copyright. Therefore, the citizenship of AdolphAdolf [sic] Hitler is not a material issue; nor is it of the least consequence that the complaint alleged that he was a citizen of a state with whom the United States had reciprocal relations. The authorship of the both volumes of “Mein Kampf” is beyond dispute; indeed, we understand that it is conceded. The next issue is whether the German publisher had title to the literary property in the work. We held so before, thinking that it was proved well enough by the fact that the same house had published the original German edition of 1925 and 1927, and had copyrighted it in the United States. This is the edition which the defendant, Stackpole & Sons, used for the infringing translation. It is possible that before January, 1933, a German publisher might have made unauthorized use of the manuscript of “Mein Kampf”; but we held before, and we hold now, that, considering the author’s power and position in Germany after that time, it would be unreasonable to suppose that anyone would have been allowed to do so. If then this publisher did in fact assume to assign its copyright in July, 1933, in accordance with the purported assignment attached to the complaint, we think that the plaintiff made out a case even for summary judgment. If it were possible to try out the issue of the German publisher’s title in the ordinary way, more could be said for a trial, but of course it is not. No further light can be thrown upon it, and we should be in precisely the same position after a trial as at present.

That is not true, however, of the execution of the assignment of July 29, 1933. We have passed upon its legal effect, and upon its validity in spite of the absence of the consular certificate required by § 43, Title 17, U.S. Code, 17 U.S.C.A. § 43; but we did not finally pass upon its execution; that is to say, upon the identity of the person who signed it and his authority to act for the German publisher. The fact that we held the prima facie proof of this sufficient for a temporary injunction is not conclusive. Ordinarily, it is true, the plaintiff must establish his title without dispute, but we had to choose between a denial of any real relief at all and accepting the case as made. The more recent authorities in copyright hold that a prima facie case will serve, if justice demands. American Code Co. v. Bensinger, 2 Cir., 282 F. 829, 835; Houghton Mifflin Co. v. Stackpole Sons, supra, 104 F.2d 306, 307. The plaintiff does not suggest that no witnesses to the execution of the assignment are available; it was a party to the transaction; presumably it has access to the evidence; certainly the defendants have not. We do not think that they should be made to accept the very general conclusions of the plaintiff’s affidavits. It should produce its evidence in the regular way, and submit its witnesses to cross-examination.

As to the failure to deposit two copies of the second volume, that will be important only upon the issue of damages, if it will be then. The defendants’ edition being in one volume must be enjoined in any event. We can see no conceivable reason why Rule 56 should not apply to copyright injunctions.

Therefore, if the defendants wish a trial upon the single issue of the execution of the assignment of Franz Eher Nachfolger G.m.b.H. to the plaintiff, they may have it. The judgment will be reversed so far; meanwhile the temporary injunction will remain in force.

Judgment modified in accordance with the foregoing.


text: Portland, Oregon: Its History and Builders/Volume 3/George C. Brownell


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 with the necessary despatch. It has been shown by those who have had experience that many inconveniences result; and after this was investigated by the members of my royal Council of the Indias, and counsel taken upon it, with the object of correcting these evils, it has seemed to me both fitting and necessary for the fulfilment of the obligation that I am under of procuring the salvation of the souls of those my subjects—according as I am enjoined by the holy apostolic see and bidden by my conscience—that the cathedral church of the said city of Manila be elevated into a metropolitan see and its territory into an archbishopric; and that three new bishoprics be created and established suffragan to it, so that they may hold their synods according to the orders of the holy Council of Trent, and without coming to Nueva España, as the bishop of Manila, who was the suffragan to the archbishop of Mexico, was compelled to do. From one region to the other, the journey is more than three thousand leguas; and, besides, it is evident that those islands could thus be better and more fittingly governed in spiritual affairs.

Therefore I command you upon receipt of this despatch, to propose to his Holiness, and supplicate him, in my name, that he may be pleased to elevate into a metropolitan see the said cathedral church of Manila, and to create the three bishoprics aforesaid—one in the church of the city of Nueva-Segovia in the province of Cagayan in the island of Luzon, under the protection of the Conception of Our Lady; one in the city of Cáceres in the territory of Camarines, in the same island, under the protection of St. John the Evangelist; and the other in the aforesaid city of Santísimo Nombre de Xesus, in the island of


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Page:Portland, Oregon, its History and Builders volume 3.djvu/315

 PAUL WESSINGER


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Kalevala, or the Land of Heroes, as the word may be freely rendered, is the national epic of Finland, and as that country and its literature are still comparatively little known to English readers, some preliminary explanations are here necessary.

On reference to a map of Europe, it will be seen that the north-western portion of the Russian Empire forms almost a peninsula, surrounded, except on the Norwegian and Swedish frontiers, by two great arms of the Baltic Sea, the Gulf of Bothnia and the Gulf of Finland; the two great lakes, Ladoga and Onega; the White Sea, and the Arctic Ocean. In the north of this peninsula is Lapland, and in the south, Finland.

The modern history of Finland begins with the year 1157, when the country was conquered from the original inhabitants by the Swedes, and Christianity was introduced. Later on, the Finns became Lutherans, and are a pious, industrious, and law-abiding people, the upper classes being highly educated.

During the wars between Sweden and Russia, under Peter the Great and his successors, much Finnish territory was wrested from Sweden, and St. Petersburg itself stands on what was formerly Finnish territory. When what was left of Finland was finally absorbed by Russia in 1809, special privileges were granted by Alexander I. to the Finns, which his successors confirmed, and which are highly valued by the people.

The upper classes speak Swedish and Finnish; and the lower classes chiefly Finnish. Finnish is upheld by many Finns from patriotic motives, and there is a considerable modern literature in both languages. Translations of most standard works by English and other authors are published in Finnish.

The Finns call their country Suomi, or Marshland; and it is

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text: Houghton Mifflin Co. v. Stackpole Sons (113 F.2d 627)


text:
Houghton Mifflin Co. v. Stackpole Sons

 * 41 U.S.P.Q. 404 (1939)
 * 104 F.2d 306 (1939)
 * 31 F.Supp. 517 (1940)
 * 113 F.2d 627 (1940)
 * 1 F.R.D. 506 (1940)
 * 40 F.Supp. 975 (1941)

title: Houghton Mifflin Co. v. Stackpole Sons


text:
United States Reports/Volume 558

 * 558 U.S. 1 (2010) Corcoran v. Levenhagen (per curiam)
 * 558 U.S. 4 (2010) Bobby v. Van Hook (per curiam)
 * 558 U.S. 15 (2010) Wong v. Belmontes (per curiam)
 * 558 U.S. 30 (2010) Porter v. McCollum (per curiam)
 * 558 U.S. 45 (2010) Michigan v. Fisher (per curiam)
 * 558 U.S. 53 (2010) Beard v. Kindler
 * 558 U.S. 67 (2010) Union Pacific Railroad Co. v. Brotherhood of Locomotive Engineers and Trainmen General Committee of Adjustment, Central Region
 * 558 U.S. 87 (2010) Alvarez v. Smith
 * 558 U.S. 100 (2010) Mohawk Industries, Inc. v. Carpenter
 * 558 U.S. 120 (2010) McDaniel v. Brown
 * 558 U.S. 139 (2010) Smith v. Spisak
 * 558 U.S. 165 (2010) NRG Power Marketing, LLC v. Maine Public Utilities Commission
 * 558 U.S. 183 (2010) Hollingsworth v. Perry (per curiam)
 * 558 U.S. 209 (2010) Presley v. Georgia (per curiam)
 * 558 U.S. 220 (2010) Wellons v. Hall (per curiam)
 * 558 U.S. 233 (2010) Kucana v. Holder
 * 558 U.S. 256 (2010) South Carolina v. North Carolina
 * 558 U.S. 290 (2010) Wood v. Allen
 * 558 U.S. 310 (2010) Citizens United v. Federal Election Commission

title: United States Reports/Volume 558


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Rh sight of an old man, who hurried away so fast that she had barely time to see him before he disappeared.

This was a fresh surprise and almost as great a shock as the loss of her little dog, who had been so faithful to her ever since the first day she had seen him. She wondered if he had strayed away or if the old man had stolen him.

Tormented by all kinds of thoughts and fears she wandered on, when suddenly she felt herself wrapped in a thick cloud and carried through the air. She made no resistance and before very long found herself, to her great surprise, in an avenue leading to the palace in which she had been born. No sign of the cloud anywhere.

As the princess approached the palace she perceived that everyone was dressed in black, and she was filled with fear as to the cause of this mourning. She hastened on and was soon recognised and welcomed with shouts of joy. Her sister hearing the cheers ran out and embraced the wanderer, with tears of happiness, telling her that the shock of her disappearance had been so terrible that their mother had only survived it a few days. Since then the younger princess had worn the crown, which she now resigned to her sister to whom it by right belonged.

But the elder wished to refuse it, and would only accept the crown on condition that her sister should share in all the power.

The first acts of the new queen were to do honour to the memory of her dear mother and to shower every mark of generous affection on her sister. Then, being still very grieved at the loss of her little dog, she had a careful search made for him in every country, and when nothing could be heard of him she was so grieved that she offered half her kingdom to whoever should restore him to her.

Many gentlemen of the court, tempted by the thought of such a reward, set off in all directions in search of the dog; but all returned empty-handed to the queen, who,

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 learned to do patiently the things set me to do; to work hard and wait for the reward; to conquer every task—whatever it might be— before leaving it. And I would not give this bit of learning for all to be got from the most attractive elective courses of both Harvard and Yale.

But it is full time to recall thought to the real matter of disagreement between Professor Palmer and myself. Toward the close of his article we find the remark that, for lack of room, he cannot explain at length "why the elective system should be begun as early as the freshman year;" it is added, "surely not much room is needed." But, as I understand the matter, this is precisely what requires most room, both for explanation and for argument. In common with most colleges, Yale now permits considerable choice in the last two years of its curriculum; the elective courses now constitute eight fifteenths of the junior year, and four fifths of the senior. No choice, with the exception of one, between French and German, is permitted in the first two years. Now, of course, the question is entirely reasonable to ask of one who, like myself, approves heartily of so much of the elective system, Why not accept it throughout in the form adopted by Harvard? Why draw the line between sophomore and junior years rather than between freshman year in college and the last year in the fitting-school? Why prescribe


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150 in despair announced that since life was unbearable without her little dog, she would give her hand in marriage to the man who brought him back.

The prospect of such a prize quickly turned the court into a desert, nearly every courtier starting on the quest. Whilst they were away the queen was informed one day that a very ill-looking man wished to speak with her. She desired him to be shown into a room where she was sitting with her sister.

On entering her presence he said that he was prepared to give the queen her little dog if she on her side was ready to keep her word.

The princess was the first to speak. She said that the queen had no right to marry without the consent of the nation, and that on so important an occasion the general council must be summoned. The queen could not say anything against this statement; but she ordered an apartment in the palace to be given to the man, and desired the council to meet on the following day.

Next day, accordingly, the council assembled in great state, and by the princess’s advice it was decided to offer the man a large sum of money for the dog, and should he refuse it, to banish him from the kingdom without seeing the queen again. The man refused the price offered and left the hall.

The princess informed the queen of what had passed, and the queen approved of all, but added that as she was her own mistress she had made up her mind to abdicate her throne, and to wander through the world till she had found her little dog.

The princess was much alarmed by such a resolution, and implored the queen to change her mind. Whilst they were discussing the subject, one of the chamberlains appeared to inform the queen that the bay was covered with ships. The two sisters ran to the balcony, and saw a large fleet in full sail for the port.

In a little time they came to the conclusion that the

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 any courses for the last two years in preference to giving the student full range for the exercise of his preferences? The reply to these questions might be given with an indefinite amount of detail. This whole question, like nearly all those questions which most perplex our human life, is one of drawing lines and making distinctions. Probably all will admit that lines must be drawn somewhere. There comes a time, that is to say, when the boy may be left more and more to direct himself,—as in other matters, so in the subject-matter of his education. But for years the boy, in order to learn how to study and how to make right choice of what he will study, must be kept in prescribed lines. Infants cannot decide whether they will learn to read or not. Small boys cannot be left wholly to decide whether they will study grammar and arithmetic. Older boys and youths and young men, whatever they undertake in the education of themselves, find a great fund of previous experience and established custom hemming them in and restricting their perfectly free choice. The average college freshman ought not to desire, and he is not capable of exercising, such choice in so grave a problem as that of determining all the further subject-matter of his education.

In the matter of assuming full political rights and privileges the State requires the youth to have reached the age of twenty-one. I do not suppose


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 that there is anything magical about this particular number. Some young men would be ready for suffrage earlier; some men are never really ready for it. But a line must be drawn somewhere. And certainly, after the youth has spent two years in the drill of college life, he is much better fitted than when he enters for exercising his choices in respect to the rest of his education; but then only in a limited way. Professor Palmer, however, thinks it almost self-evident that when the boy leaves home, at about eighteen years of age, is the best time for him to hegin to say what he will study; and that, all at once, and from that time onward, he should have the entire say. It seems to me that the very fact of the new surroundings with which college life begins is an argument the other way. After the youth has developed awhile in his new surroundings, has adjusted himself to them, has learned from experience in them how matters pertaining to study go, and what the different courses opening before him are, then, and not till then, should he be summoned to the grave task of deciding. It is better, too, that he should be introduced gradually to the responsibilities of deciding. A headlong plunge into freedom is not a real good. Moreover, I am one of those who still believe that an educated man should be trained to some good degree in each of the four great branches of human knowledge,—in language, including


text: Page:Kalevala (Kirby 1907) v2.djvu/11

title: Page:Kalevala (Kirby 1907) v2.djvu/11


text:
United States Reports/Volume 559

 * 559 U.S. 1 (2010) Hemi Group, LLC v. City of New York
 * 559 U.S. 32 (2010) Briscoe v. Virginia (per curiam)
 * 559 U.S. 34 (2010) Wilkins v. Gaddy (per curiam)
 * 559 U.S. 43 (2010) Thaler v. Haynes (per curiam)
 * 559 U.S. 50 (2010) Florida v. Powell
 * 559 U.S. 77 (2010) Hertz Corp. v. Friend
 * 559 U.S. 98 (2010) Maryland v. Shatzer
 * 559 U.S. 131 (2010) Kiyemba v. Obama (per curiam)
 * 559 U.S. 133 (2010) Johnson v. United States
 * 559 U.S. 154 (2010) Reed Elsevier, Inc. v. Muchnick
 * 559 U.S. 175 (2010) Mac's Shell Service, Inc. v. Shell Oil Products Co.
 * 559 U.S. 196 (2010) Bloate v. United States
 * 559 U.S. 229 (2010) Milavetz, Gallop & Milavetz, P.A. v. United States
 * 559 U.S. 260 (2010) United Student Aid Funds, Inc. v. Espinosa
 * 559 U.S. 280 (2010) Graham County Soil and Water Conservation District v. United States ex rel. Wilson
 * 559 U.S. 314 (2010) Berghuis v. Smith
 * 559 U.S. 335 (2010) Jones v. Harris Associates L.P.
 * 559 U.S. 356 (2010) Padilla v. Kentucky
 * 559 U.S. 393 (2010) Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.
 * 559 U.S. 460 (2010) United States v. Stevens
 * 559 U.S. 506 (2010) Conkright v. Frommert
 * 559 U.S. 542 (2010) Perdue v. Kenny A.
 * 559 U.S. 573 (2010) Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
 * 559 U.S. 633 (2010) Merck & Co. v. Reynolds
 * 559 U.S. 662 (2010) Stolt-Nielsen S.A. v. AnimalFeeds International Corp.
 * 559 U.S. 700 (2010) Salazar v. Buono
 * 559 U.S. 766 (2010) Renico v. Lett
 * 559 U.S. 799 (2010) Hui v. Castaneda
 * 559 U.S. 1301 (2010) Jackson v. District of Columbia Board of Elections and Ethics (Roberts, Cir. J.)

title: United States Reports/Volume 559


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 ; in mathematics and physical science; in the history of his race; in the knowledge of the human mind in its relations to all else. It is, then, precisely because I do not believe that the New Education draws its lines in the right place that I am opposed to what I regard as its extreme measures and not well-guarded ideas. In an enlarged use of option for the later years of college life I do believe; but my belief in the elective system at all in the American college is not so strong as my distrust of the lengths to which it is being carried by the so-called New Education.

There is one argument of Professor Palmer which is so much a matter of taste and impression, and so little a matter of statistics and logic, that it is not open to discussion. I refer to his conviction that a better type of manliness is developed at Harvard in the students than is to be found in other colleges that have less completely adopted the principles of the New Education. In behalf of my own pupils, and on the ground of careful observations, I will simply say,—I do not believe that any manlier men than those at Yale are to be found in any college in the country.

Upon the subject of cultured manliness in the undergraduate student, I find myself holding the same ideal as that presented by Professor Palmer, but differing from him considerably in my judgment as to the best way of realizing it. It seems


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 to me that he has left the great ethical law of habit, and the immense value of the pressure of immediate necessity, too much out of the account. We want, indeed, to train the young to make right choices, spontaneously, and with a generous love of duty. But none of us live under the sole influence of high ideals set at some remote distance from us. Day by day we choose to do our tasks because the hour for them has come, and the immediate pressure of the environment is upon us. Shall the physician go to his office when the hour comes? His patients are there in waiting. He is expected daily at the appointed hours,—and not merely eighty-four per cent. of these hours. Shall the clerk be at the store, or the book-keeper at his desk, when the hour for beginning business has arrived? He must be there: not because he will suffer physical torture if absent; nor yet because he will finally discover that much absence for many years has not, on the whole, been for his best interests. He must be there because he is living under a system which makes it for his immediate interest to be there; and, indeed, has been so trained under such a system that he scarcely contemplates the possibility of not being there. Under a system of education which kindly but firmly invites men to choose right, in view of consequences that fit close to their daily and hourly lives, the best character will be trained. It is most like the divine


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 system under which we live as bound together by associated action.

The ground of Professor Palmer's argument from experience has now been pretty well traversed. I am quite content to leave the facts and impressions on both sides to be weighed by all who may be interested in such discussion. In closing I shall express—in the name of the great majority of those engaged in the practical work of education in this country—some of the fears felt as to the ultimate results of the New Education. These fears are not bugbears, incontinently and obstinately opposed to the fair spirit of progress; they are honest and strong fears.

We are afraid that the New Education (meaning by this the method in use at Harvard) will increase the tendency to self-indulgence and shallowness, which is already great enough in American student life. A smattering of many knowledges, hastily and superficially got, is the temptation of our modern education. The chief remedy must be in a selection of certain topics to be pursued with large persistence and thoroughness by all those who choose to associate themselves for purposes of common study. H the average American boy, on entering college, had had a discipline, and had made acquisitions in a few lines of study, at all equalling the results reached by the German gymnasium, he might


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 more safely be left to choose for himself. One's eyes must be already well opened to hop about, fetter free, from twig to twig, upon the tree of knowledge. But our freshman has had no such mental discipline; he has made no such acquisitions. The graduate of a German gymnasium knows, indeed, more of some subjects than the majority of the professors of the same subjects in not a few of our so-called colleges. Two years more of continued study in prescribed lines is certainly little enough. [It will be noticed that this statement is quite independent of any opinion as to what should be taught in fitting-school and early college years; it implies only that something should be secured as thoroughly taught.]

We are afraid of the effect of the New Education upon the academies and fitting-schools of the country. Slowly but steadily the quality of the work done in the preparation of boys for college has been improving. The colleges have continually made increased demands upon the preparatory schools; these schools have been continually responding better and better to the demands made upon them. But now they are to be called upon for a bewildering variety of "courses." How shall they meet the demands made upon them by the many ways amongst which a boy may make his choice to enter the college doors as thrown open by the New Education? What interest will boys continue to take


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Rh The other kind of Boats are large and open, like our Boats, ome of them 20 Yards long; and thee are called that is, Women's Boats; becaue the Women commonly row them. For they think it unbecoming a Man to row uch a Boat, unles great Neceity requires it: And when they firt et out for the the Men it in a very negligent Poture, with their Faces turned towards the Prow, pulling with their little ordinary Paddle; but the Women it in the ordinary Way, with their Faces toward the Stern, rowing with long Oars. The Inide of thee Boats is compoed of thin Rafts, and the Outide cloathed with thick In thee Boats they tranport their Baggage, as Tents and the like Houhold Furniture, when they go to ettle in ome ditant Places, in quet of Proviion. In thee Boats they alo carry Sails, made of the Bowels and Entrails of Seals. The Mat is placed foremot on the Prow, and as the Sail is broad at the upper End, where it is fatened


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Rh ships must come from a friendly nation, as every vessel was decked with gay flags, streamers, and pennons, and the way was led by a small ship flying a great white flag of peace.

The queen sent a special messenger to the harbour, and was soon informed that the fleet belonged to the Prince of the Emerald Isles, who begged leave to land in her kingdom, and to present his humble respects to her. The queen at once sent some of the court dignitaries to receive the prince and bid him welcome.

She awaited him seated on her throne, but rose on his appearance, and went a few steps to meet him; then begged him to be seated, and for about an hour kept him in close conversation.

The prince was then conducted to a splendid suite of apartments, and the next day he asked for a private audience. He was admitted to the queen’s own sitting-room, where she was sitting alone with her sister.

After the first greetings the prince informed the queen that he had some very strange things to tell her, which she only would know to be true.

‘Madam,’ said he, ‘I am a neighbour of the Queen of all the Isles; and a small isthmus connects part of my states with hers. One day, when hunting a stag, I had the misfortune to meet her, and not recognising her, I did not stop to salute her with all proper ceremony. You, Madam, know better than anyone how revengeful she is, and that she is also a mistress of magic. I learnt both facts to my cost. The ground opened under my feet, and I soon found myself in a far distant region transformed into a little dog, under which shape I had the honour to meet your Majesty. After six months, the queen’s vengeance not being yet satisfied, she further changed me into a hideous old man, and in this form I was so afraid of being unpleasant in your eyes, Madam, that I hid myself in the depths of the woods, where I spent three months more. At the end of that time I was

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 in the mathematics and ancient classics of the fitting-school when these pursuits are required simply to get into college through one of these many doors, and are then liable to be abandoned as soon as the goal of free election has been attained?

We are afraid of the effect of the unrestricted elective system upon the higher education of the country. The standard of such education has constantly been rising for many years. The old methods were, indeed, faulty in many particulars,—in some inherently so, in more as a matter of accidental and temporary application. Yet, after all, they gave something that had a definite and tangible value. The new methods, in themselves considered, are better. The new learning and science are, of course, infinitely richer and broader than the old. In order to introduce them to the college undergraduate, however, is it necessary to take everything as respects the subject-matter of his education out of the direct control of the older and wiser party in the transaction, and commit it to the choice of the younger and more inexperienced? If this is to be, how will it not affect, almost disastrously for a time, the interests of the higher education? There are, to be sure, many ways of being educated: there are already many schools giving different quantities and kinds of knowledges and powers of action. Hitherto all ways and schools have invited the choices of the men who


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History of the Educational System of the Society of Jesus.

Education before the Foundation of the Society of Jesus.

The following remarkable passage is taken from the work of one who cannot be charged with partiality to the Jesuits, — I mean Frederick Paulsen, a professor of the University of Berlin, the author of the great "History of Higher Education." In this work, after having described the marvellous success which the Jesuits achieved in the sixteenth century, the author asks: "What was the secret source of the power of these men? Was it that they were 'men filled with wickedness', as Raumer styles them? Or was it that they were more cunning, more unscrupulous than the rest? No, this would ascribe to lying and deceit more than it can do. There is in the activity of the Order something of the quiet, yet irresistible, manner of working which we find in the forces of nature. Certainty and superiority characterize every move

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The Ratio Studiorum of 1599.

The number of colleges of the Society grew very rapidly. Colleges were opened during the life-time of St. Ignatius, at Messina, Palermo, Naples, and other towns in Italy; at Gandia, Salamanca, Valencia, Alcala, Burgos, Valladolid, and Saragossa in Spain; at Lisbon in Portugal; at Vienna in Austria; and at Billom in France. After the death of the first General (1556), many more colleges were added to. the list, especially in those parts of Germany and the Netherlands which had remained faithful to the Catholic Church. Thus Ingolstadt, Cologne, Prague, Tyrnau (Hungary) were opened in 1556, Munich 1559, Treves 1560, Innsbruck and Mentz 1561, etc. In Belgium Audenarde 1566, Douay 1568, Bruges 1571, Antwerp 1575, Liége 1582, etc. But the Society possessed as yet no uniform system of education; the colleges in the various countries at first followed, more or less, the systems prevailing there, not however, without improving the existing methods according to the general principles of the fourth part of the Constitutions. Still, it would be altogether wrong to suppose that the Ratio Studiorum, or Plan of Studies, drawn up 1584-1599, was the first important document

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The Society of Jesus.—Religious as Educators.

It is not our task to give a detailed history of Ignatius of Loyola, the Spanish nobleman who was wounded on the ramparts of Pampeluna, in 1521, nor of his subsequent conversion and life. This story has often been told and may be read in the numerous biographies of the Saint. Nor need we enumerate all the different and contradictory estimates of his character, as given by various writers. Macaulay calls him a "visionary" and an '"enthusiast, naturally passionate and imaginative," possessed of a "morbid intensity and energy, a soldier and knight errant," who became "the soldier and knight errant of the spouse of Christ." Canon Littledale, in spite of his hostility against the Society, cannot help admitting that Loyola possessed "powerful gifts of intellect and an unusual practical foresight."

To see with Macaulay in Ignatius a "visionary," is an utter misconception of his character. Nor is it

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'''Jesuit Colleges and their Work before the Suppression of the Society (1540-1773).'''

Within fifty years from the solemn approbation of the Society of Jesus, the Order had spread all over the world, from Europe to the Indies, from China and Japan in the East, to Mexico and Brazil in the West. Wherever the Church was not actually persecuted, as in England, there sprang up educational institutions. Shortly after the death of the fifth General, Father Aquaviva, in 1615, the Society possessed three hundred and seventy-three colleges; in 1706 the number of collegiate and university establishments was seven hundred and sixty-nine, and in 1756, shortly before the suppression, the number was seven hundred and twenty-eight. In 1584 the classes of the Roman College were attended by two thousand, one hundred and eight students. At Rouen, in France, there were regularly two thousand. Throughout the seventeenth century the numbers at the College of Louis-le-Grand, in Paris, varied between eighteen hundred and three thousand. In 1627, the one Province of Paris had in its fourteen colleges 13,195 students, which would give an average of nearly one thousand to each college. In the same year Rouen had 1,968, Rennes 1,485, Amiens 1,430. In 1675 there were in Louis

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The Revised Ratio of 1832 and Later Regulations.

The Society had been suppressed by Clement XIV. The historian Dr. Brück says: '"The Pope's conduct was harsh and unjust", as he had not a single crime to lay to their charge; and even Dr. Döllinger, however hostile to the Society, must have considered its suppression unjust; for he calls its restoration an act of justice. Documentary evidence proves that the Jesuits heroically submitted. Even in Silesia, where Frederick II. wanted to maintain them, "they were unwilling to hold out against the papal bull", and laying aside whatever was specifically characteristic of the Society, they directed the schools as secular priests. Catharine II. of Russia stubbornly refused to allow the Papal Brief of suppression to be published in her dominions. As the publication was required before the Brief could take effect, the Jesuits continued their work in the two colleges at Mohilev and Polotzk in White Russia. Five years after the suppression, in 1778, the new Pope Pius VI. granted them permission to establish a novitiate. Thus, as Frederick II.

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 have attended them only in a general way. They have said, virtually, If you choose me, you choose a certain kind and amount of discipline in knowing and doing, and you must abide by your choice. We know how, as respects both matter and manner, to reach the end better than do you; we will, in the main, choose the path for you. But what of connected, steady discipline in certain lines will a higher education come to represent in this country if the so-called "new" method of giving into the hands of the pupil all choice of subject, from one short period of education to the next, is to prevail?

Finally, we are afraid of the effect of the New Education upon the character of youth. We are still afraid of the very issues in which Professor Palmer finds his arguments for the benefits of the system he approves. It is not enough to show that some improvement in various particulars has taken place in student character and student life at Harvard since this system was most completely put in place there. I think I have shown that in every respect, except the one of securing $175,000 instead of $250,000 a year, and of making a smaller percentage of annual gain in numbers, the results of the system still in vogue at Yale are equal, or superior, to those at Harvard. The argument, from an experience of one or two years in a single institution, does not quiet the fears which are grounded in old-time convictions and common


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The Educational Work of the Jesuits in the Nineteenth Century.

It cannot be denied that the Jesuits have not had the same brilliant success as educators in the nineteenth century, as during the centuries preceding the suppression of the Order. How is this to be explained? The opponents of the Order are ready with an answer: 'It 1s because the Jesuits have not kept up with the progress of the age. Their whole system is not suited to modern times." Even such as are not hostile to the Society, have said that the Old Society took with it into its grave the secret of its educational success. However, a short reflection will give us the true explanation.

The time of the suppression, a period of forty years, forms a gap in the educational history of the Society. These blank pages, as Father Hughes says, signify the total loss of property and position, with a severance in many places of the educational traditions for almost sixty years, and the entire destruction of them in many other parts. Restored, the Society had to struggle into existence under altered and unfavorable conditions. The schools in about seven hundred cities and towns, which the Order had possessed before its suppression, were now largely in the hands of State authorities. And besides, the nineteenth century was not a time of undisturbed peace

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Opposition to Jesuit Education.

Nothing in the whole history of education after the Reformation is more striking than the difference of opinions about, and the attitude assumed towards, the educational system of the Society. We have heard that the Protestant King Frederick II. of Prussia, and the Schismatical Empress Catharine II. of Russia, protected the Jesuit schools, at a time when the Bourbon Kings ruthlessly destroyed all Jesuit colleges within their realms. In the nineteenth century the Jesuits were repeatedly expelled from Catholic countries, as from France, and were allowed to labor undisturbedly within the vast British Dominion and in other Protestant countries. However, this tolerant attitude was not always taken by Protestant rulers. The penal laws of England against the Catholics are well known. The Jesuits were always mentioned as particularly hateful. Thus one statute under Elizabeth (27 Eliz. c. 2), provided that "all Jesuits and other priests, ordained by the authority of the See of Rome, should depart from the realm within forty days, and that no such person should hereafter be suffered to come into or remain in any of the dominions of the crown of Great Britain, under penalties of high treason."

Special laws were enacted to prevent Catholics from sending their children to foreign schools. "Any other of her majesty's subjects," says the same statute,

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152 so fortunate as to meet a benevolent fairy who delivered me from the proud queen’s power, and told me all your adventures and where to find you. I now come to offer you a heart which has been entirely yours, Madam, since first we met in the desert.’

A few days later a herald was sent through the kingdom to proclaim the joyful news of the marriage of the Queen of the Flowery Isles with the young prince. They lived happily for many years, and ruled their people well.

As for the bad queen, whose vanity and jealousy had caused so much mischief, the Fairies took all her power away for a punishment.

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'''The Principles of the Ratio Studiorum. Its Theory and Practice Viewed in the Light of Modern Educational Problems.'''

Adaptability of the Ratio Studiorum.—Prudent Conservatism.

In the "Introductory Chapter" we quoted this remark of a biographer of St. Ignatius: "The Ratio Studiorum is a plan of studies which admits of every legitimate progress and perfection, and what Ignatius said of the Society in general may be applied to its system of studies in particular, namely that it ought to suit itself to the times and comply with them, and not make the times suit themselves to it. We assert, then, that this is the first principle of the Jesuit system: that it should adapt itself to the different times and countries. We do not treat here of single colleges; it is possible that some have not adapted themselves sufficiently. The question to be discussed here is a general one: namely about the system as such.

That the Jesuit system has not suited itself to the times is the criticism of some. Others go even further, maintaining that it cannot be suited to the times, or only with great difficulty, as it is altogether "anti-

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The Intellectual Scope.

In the preceding chapter. we mentioned a statement of the present General of the Society, "that the characteristics of the Ratio Studiorum are not to be sought in the subject matter or in the order, but in what may be called the form or the spirit of the system." Father Martin explained in what this form consists: "It consists chiefly in the training of the mind, which is the object, and in the various exercises, which are the means to attain this object." In these words we have the intellectual scope of the Ratio Studiorum, in fact the intellectual scope of every rational system of education. This training of the mind means the gradual and harmonious development of all the higher faculties of man, of memory, imagination, intellect, and will.

The very meaning of the word confirms this view: to "educate" signifies to exercise the mental faculties of man, by instruction, training and discipline in such a way as to develop and render efficient the natural powers; to develop a man physically, mentally, morally, and spiritually. The mind is educated when its powers are developed and disciplined, so that it can perform its appropriate work. In speaking of one as educated, we imply not merely that he has acquired knowledge, but that his mental powers have been developed and disciplined to effective action. Education is, consequently, the systematic development and

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 customs that have their roots in many centuries. We need much more light, both from reason and from observation, before we can see our way clearly to prefer the so-called "New Education" to one which is, in our judgment, wiser, although both new and old.


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United States Reports/Volume 561

 * 561 U.S. 1 (2010) Holder v. Humanitarian Law Project
 * 561 U.S. 63 (2010) Rent-A-Center, West, Inc. v. Jackson
 * 561 U.S. 89 (2010) Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp.
 * 561 U.S. 139 (2010) Monsanto Co. v. Geertson Seed Farms
 * 561 U.S. 186 (2010) Doe v. Reed
 * 561 U.S. 247 (2010) Morrison v. National Australia Bank Ltd.
 * 561 U.S. 287 (2010) Granite Rock Co. v. International Brotherhood of Teamsters
 * 561 U.S. 320 (2010) Magwood v. Patterson
 * 561 U.S. 358 (2010) Skilling v. United States
 * 561 U.S. 476 (2010) Weyhrauch v. United States (per curiam)
 * 561 U.S. 477 (2010) Free Enterprise Fund v. Public Company Accounting Oversight Board
 * 561 U.S. 593 (2010) Bilski v. Kappos
 * 561 U.S. 661 (2010) Christian Legal Society Chapter of the University of California, Hastings College of Law v. Martinez
 * 561 U.S. 742 (2010) McDonald v. City of Chicago
 * 561 U.S. 945 (2010) Sears v. Upton (per curiam)
 * 561 U.S. 1301 (2010) Philip Morris USA Inc. v. Scott (Scalia, Cir. J.)
 * 561 U.S. 1306 (2010) Lux v. Rodrigues (Roberts, Cir. J.)

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Classical Studies.

Much has been written within the last few decades for and against the value of the study of the classical languages and literature. Some writers, especially fanatical advocates of ‘‘modern’’ culture, see in the humanistic school only a gloomy ruin of the time of the renaissance, which stands in the midst of the grand structures of modern culture, half monastery, half pagan temple. Latin and Greek philologists have built their nests in its dilapidated walls, like owls that shun the bright light of day, and in the dusk they flutter about to frighten and torment poor children with their cries of monstrous Latin and Greek forms. Others, the one-sided ad-

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Syllabus of School Authors.

The Ratio Studiorum divides the literary curriculum into five classes. Father Jouvancy speaks of six, adding that the sixth is sometimes combined with the fifth. Father Kropf in 1736, in his programme, has six. Most Jesuit colleges in this country have six classes in the literary course, to which are added two years of philosophy with higher mathematics, natural sciences and economics. These eight classes correspond to the high school and the college course. The four lower or grammar classes are equivalent to the high school, whereas the four higher classes: Humanities (Freshman), Rhetoric (Sophomore), Junior and Senior Philosophy, correspond to the American college, with one essential difference, '"that the work of the Jesuit college is not professional study, but general culture and preparation for professional study."

When in the following pages we speak of the study of the authors, it is understood that a systematic study of grammar has preceded and partly accompanies the reading of the authors. Of late there is a tendency to begin reading too early, almost from the beginning,

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Scholarship and Teaching.

The aim proposed by the Ratio Studiorum is a great and noble one, which tasks the undivided energy of able and experienced men. Does the Society fit the teachers for this work? This is a most important question. However good and excellent a system may be, it is of little avail if the teachers know not how to apply it, or if they apply it badly. Professor Münsterberg rightly insists on the truth that all effective school reform must start with a reform of teachers. "Just as it has been said that war needs three things, money, money, and again money, so it can be said with much greater truth that education needs, not forces and buildings, not pedagogy and demonstrations, but only men, men, and again men,—without forbidding that some, not too many of them, shall be women. The right kind of men is what the schools need; they have the wrong kind. They need teachers whose interest in the subject would banish all drudgery, and they have teachers whose pitiable unpreparedness makes the class work either so superficial that the pupils do not learn anything, or, if it is taken seriously, so dry and empty that it is a vexation for children and teachers alike. To produce anything equivalent to the teaching staff from whose guidance I benefited in my boyhood, no one ought to be allowed to teach in a grammar school who has not passed through a college or a good normal school; no one ought to teach

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Training of the Jesuit Teacher.

It is generally admitted that even at present the Jesuits exercise considerable influence in the world. What is the secret of their hold on Catholics? What the source from which their power springs? The real secret of the Jesuits' influence is to be found in their training. Dr. Freytag in his review of Father Duhr's work on the Ratio Studiorum remarked: "After the perusal of this learned work, one will understand that only highly talented young men can join that Order; for what is demanded of them [in the line of studies] is extraordinary." We have to see how far this training of a Jesuit is a satisfactory preparation for his work as teacher in high schools and colleges, how far it tends to make the Jesuit teacher—in the words of the Hon. G. C. Brodrick—"a man of self-sacrifice," and whether it gives him a "solid knowledge of his subject and the art of teaching, through close attendance from a master of experience."

The first requisite is, that the original material, the candidate for the Order, is good. The statue, however deftly carved, will not be a success if the marble has serious defects. Therefore, such only are to be admitted into the ranks of the Society, as are capable of receiving the Jesuit 'form,' only those who show a capacity for imbibing its spirit and submitting

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I permission to preface the main body of this address with two remarks, partly apologetic and partly explanatory. The subject brought before you this evening may seem to some quite lacking in that freshness of interest which promotes a flow of novel and entertaining thoughts. Only last February 20, in this city, an elaborate report from a number of experts was presented which dealt primarily with studies in elementary education. This report, however, suggested important modifications in that subsequent training of the smaller number which is traditionally esteemed worthy of being called a liberal education. And for some years past, not only in this country, but in France, in Germany, and even in conservative England, discussion has been rife over the order and the character of studies proper for collegiate and university students. In spite of writings and speeches innumerable, on the part of men and women most competent or very incompetent, it can scarcely be claimed by the non-partisan observer of this contention that agreement has been


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The Method of Teaching in Practice.

It was said before that the intellectual scope of the Jesuit system is the general training of the mind; the means for obtaining this end are the various exercises. In this chapter we shall treat the exercises of the literary course, and this for several reasons. First, because the study of languages and literature should form the backbone of, at least, the secondary schools and of part of the college course. Secondly, because the Ratio Studiorum treats the exercises in languages and literature very minutely, whereas it makes only a few suggestions concerning the exercises in mathematics and natural sciences. Thirdly, because it is especially in the literary studies that there exists a danger to neglect the exercises, as is, in fact, the case in some modern systems. No one will doubt for a moment that for the successful teaching of mathematics continual exercises are absolutely necessary. In natural sciences, particularly in physics and chemistry, the equivalent of the exercises are the experiments and especially the laboratory work. On teaching physics and chemistry the Ratio has one very important remark, viz., the professor should not treat

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The Moral Scope.

The object of education is the harmonious development of the whole man. So far we have spoken of the development of the intellect. Yet the will needs training even more than the intellect, and the higher schools ought not to neglect this most important part of the work of education. It cannot be gainsaid that the emphasis laid upon moral training forms the most marked distinction between the true educator and the mere instructor, of whatever creed he may be. At the same time it is one of the most disquieting features of our age that so many teachers in the higher schools have lost sight of this fundamental principle of education. "I hold," writes Dr. McCosh, "that in every college the faculty should look after, not only the intellectual improvement, but also the morals of those committed to their care by parents and guardians. I am afraid that both in Europe and America all idea of looking after the character of the students has been given up by many of our younger professors."

The inevitable consequence of this method must be a decline of morality among the rising generation, or to put it more mildly, and to use the expression of some writers, a lamentable disproportion between the intellectual and moral progress. The existence of this disproportion is attested to by men who have hitherto

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Religious Instruction.

The preceding chapter has shown how painstaking the Jesuits are as regards the moral training of their pupils. Other educators also insist on the necessity of this training, but the Jesuits, in fact all Catholics, differ from a great number of other educators in a most essential point, namely in that they base the moral training entirely on the religious education. They consider a moral training without the religious as defective and incomplete. Incomplete, because it disregards one of the most important obligations of man. Man's first and most sacred duty is to acknowledge his dependence on God, his Creator and Lord, and to give expression to this recognition by interior and exterior acts of worship. This is religion. Religion is a postulate of man's rational nature. This thought stood clearly before the mind of the founder of the Society of Jesus, when in his Spiritual Exercises he wrote down this brief summary of religion: "Man is created to praise God, to reverence and serve Him, and, by doing so, to save his soul." No system of education can be considered as harmonious which leaves this first duty of man out of consideration, and fails to implant religion into the hearts of the pupils. If it is man's duty to worship God, it is his duty likewise to know God; he can know Him from the manifestation of His works (Romans 1, 19), and the revelation of His word. Religion does not consist in mere senti-

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