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128 STAT. 3168 Department of the Interior, as may be required in the administration of the Service, at rates approved by the Secretary for the furnishing of those services or accommodations to the Federal Government and without compliance with section 6101 of title 41.

§ 104903. Care, removal, and burial of indigents

The Secretary may provide, out of amounts appropriated for the general expenses of System units, for the temporary care and removal from a System unit of indigents, and in case of death to provide for their burial in System units not under local jurisdiction for these purposes. This section does not authorize transportation of indigents or deceased for a distance of more than 50 miles from the System unit.

§ 104904. Hire of work animals, vehicles, and equipment with or without personal services

The Secretary may hire, with or without personal services, work animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the Secretary and without compliance with section 6101 of title 41.

§ 104905. Preparation of mats for reproduction of photographs

The Secretary shall prepare mats that may be used for the reproduction in magazines and newspapers of photographs of scenery in a System unit that, in the opinion of the Secretary, would be of interest to the people of the United States and foreign nations. The mats may be furnished, without charge and under regulations the Secretary may prescribe, to the publishers of magazines, newspapers, and any other publications that may carry photographic reproductions.

§ 104906. Protection of right of individuals to bear arms

(a) —Congress finds the following:
 * (1) The 2d amendment to the Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed”.
 * (2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that “except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net”.
 * (3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at System units.
 * (4) The existence of different laws relating to the transportation and possession of firearms at different System units entrapped law-abiding gun owners while at System units.
 * (5) Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in System units that went into effect on January 9, 2009—
 * (A) on March 19, 2009, the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and


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 stone. 'Tis true, that the force of such Instances is indirect, and that they do not expresly prove the Hypothesis in whose favour they are alledged; but yet they may do it good service by disproving the Grounds and Conclusions of the Adversaries, and so (by removing Prejudices) making way for the better entertainment of the truth.

Secondly, we may sometimes obtain the same or the like Quality by Artificial and sometimes even temporary Compositions, which, being but factitious bodies, are by Learned Adversaries confess'd not to have Substantial Forms, and can indeed reasonably be presum'd to have but resulting Temperaments: As will be hereafter exemplifi'd in the production of Green by compounding Blew and Yellow, and in the Electrical Faculty of Glass; and in the temporary whiteness produc'd by beating clear Oyl and fair Water into an Ointment, and by beating water into a froth, and, more permanently, in making Coral white by flawing it with heat; and in divers other Particulars, that will more properly be elsewhere mention'd.

Thirdly then, in some cases the Quality propos'd may be either introduced, or vary'd, or destroy'd in an inanimate body, when no change appears to be made in the bo-

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

title: Page:Experimentsnotes00boyl.pdf/23


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Rh ::(B) the new regulations—
 * (i) are under review by the Obama administration; and
 * (ii) may be altered.
 * (6) Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 83,600,000 acres of System land.
 * (7) Federal laws should make it clear that the 2d amendment rights of an individual at a System unit should not be infringed.

(b) —The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System unit if—
 * (1) the individual is not otherwise prohibited by law from possessing the firearm; and
 * (2) the possession of the firearm is in compliance with the law of the State in which the System unit is located.

§ 104907. Limitation on extension or establishment of national parks in Wyoming

No extension or establishment of national parks in Wyoming may be undertaken except by express authorization of Congress.

§ 200101. Findings and declaration of policy

Congress finds and declares it is desirable—
 * (1) that all American people of present and future generations be assured adequate outdoor recreation resources; and
 * (2) for all levels of government and private interests to take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize those resources for the benefit and enjoyment of the American people.

§ 200102. Definitions

As used in this chapter:
 * (1) —The term “State”, to the extent practicable, as determined by the Secretary, includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
 * (2) —The term “United States”—


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18


text: Public Law 113-287/Chapter 1049

title: Public Law 113-287/Chapter 1049


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 dy, except what is Mechanical, and what might be produc'd in it, supposing such a parcel of matter were artificially fram'd and constituted as the body is, though without any Substantial Form, or other such like internal Principle. So when a piece of Glass, or of clarify'd Rosin, is, by being beaten to powder, deprived of its Transparency, and made white, there appears no change to be made in the pulveriz'd body, but a comminution of it into a multitude of Corpuscles, that by their number and the various scituations of their surfaces are fitted copiously to reflect the sincere Light several ways, or give some peculiar Modification to its Rayes; and hinder that free passage of the beams of Light, that is requisite to Transparency.

Fourthly, as in the cases belonging to the foregoing number there appears not to intervene in the Patient or Subject of the change, any thing but a Mechanical alteration of the Mechanical Structure or Constitution; so in some other cases it appears not, that the Agent, whether natural or factitious, operates on the Patient otherwise than Mechanically, employing onely such a way of acting as may proceed from the Mechanisme of the matter, which it self consists of, and that of the

title: Page:Experimentsnotes00boyl.pdf/24


text: Public Law 113-287/Division B

title: Public Law 113-287/Division B


text: Page:The Story of Rimini - Hunt (1816, 1st ed).djvu/74


text: The Commonweal/Volume 1/Number 1/Signs of the Times (continued)


text: The Commonweal/Volume 1/Number 1/The Peterloo Massacre


text: Page:The Story of Rimini - Hunt (1816, 1st ed).djvu/75


text: Miscellanies (Swinburne)/A Relic of Dryden


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text: Wallenstein/The Death of Wallenstein/A4S06


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- 6 - The combustion chamber cases were intact but buckled in toward the top. The combustion chambers were in satisfactory condition except that the top chambers were collapsed in the rear. The turbine nozzle inner case was crushed inward through the top 90-degree segment. There was no evidence of overtemperature in the first stage nozzle guide vanes. The high pressure turbine shaft was fractured circumferentially through the forward breather holes to the forward spline rear fillet.

The first stage turbine disk was still intact and attached to the shaft. The disk was rubbed on the inner bore, the front web and rim, and the rear rim. A 90-degree segment of the first stage turbine blades, severely bent opposite to rotation and lacking tip shrouds, was heavily rubbed and notched on the leading edge. Twenty-four blades were missing and the remainder were broken off above the platform. The low pressure compressor turbine drive shaft was slightly bent approximately 17 inches from the forward end and circumferentially rubbed in the planes of the high pressure turbine shaft lockout, the No. 5 bearing, and the first stage turbine disk.

The front and rear face of the outer rail of the second stage inner sealing ring assembly was heavily rubbed and partially crushed. The second stage nozzle guide vanes were severely damaged along the trailing edges with no evidence of overtemperature.

The second stage turbine disk was intact except that half the rear mount flange was broken off. The tip shrouds were missing from all the blades and the fractures varied along the span of the blades. The front rim of the disk and leading edges of the blades were heavily rubbed.

The third stage turbine disk, installed new at the last overhaul, was notched 0.020 inch deep into the front web in the circumferential plane of the stationary third stage inner sealing ring. Apart from the missing web rim segment the remainder of the disk was intact, with faces randomly rubbed and the tie rod holes slightly distended. The third to fourth stage spacer was axially split at a radial buckle and tie rod holes were distended and cracked. The fourth stage inner seal was intact with the rims severely distorted and the knife edges heavily rubbed. The fourth stage turbine disk was intact with slight rubbing on the rear web and rim. The blades were bent axially forward and opposite to rotation. The shrouds were missing as were nine of the blades and the leading edges of the blades were notched.

The third stage inner seal was axially and circumferentially split between the forward flange and the first knife edge, which was unrubbed, and partially split aft of the rear knife edge. The third stage inner sealing ring assembly, installed new at the last assembly, was distorted into three damaged pieces with the inner sealing ring separated from the support through the rivets. The outer rails of the support showed normal guide vane patterns and no abnormal wear was found. The inner sealing ring was torn apart, severely distorted and gouged. The complete rear lip was particularly damaged and showed evidence of an overtemperature condition. Several small sections of the edge of the lip that were not obliterated did not display visible evidence of wear.

The third stage guide vanes were damaged mostly on the trailing edges with no evidence of overtemperature. The vane outer feet were bent outward and worn 0.008


text: Index:Edward B. Marks Music v. Borst Music.pdf


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communications for the Editor should be addressed to No. 192, Piccadilly, W. To avoid disappointment, contributions should be received on or before the 15th of each month. No notice can be taken of anonymous communications. All notes, queries, or articles for insertion, must be guaranteed by the name and address of the writer, which may be withheld from publication if so desired.

.—The new Edition of the above work has been somewhat delayed by the desire of the publisher to present it in a more useful shape than any work hitherto published. It will consist of different departments, by various writers, each especially "up" in his own subject; and in addition to the usual information about Fresh-water and Marine Aquaria, there will be separate chapters devoted to the Cultivation of Minute Plants and Animals for Microscopic purposes; and on Out-door Aquaria, Ponds, and Ornamental Waters. As the Editor would like the information to be as complete as possible, he would be glad to receive any bids or suggestions from readers of who possess special knowledge on the latter subjects. Address the Publisher, 192, Piccadilly.

E. M.—The price of "British Reptiles" will be six shillings, coloured plates.

.—F. W. desires a little of this diatomaceous earth, in exchange for other objects.—Address, No. 1, New Road East, London.

T. S.—We take no note of queries unless the initials of the inquierer are attached. See pp. 43, 144, &c.


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 Austria and the other the portrait and crown of his queen. Each complemented the other in appearance, design, desirability and value. As a result, the broken urn is irreplaceable and the value and desirability of the remaining urn is damaged or reduced through the loss of its mate.

12. The pair of urns had a value of $5,000.00 at the time of the shipment here involved. The damage to the value of the pair of urns, and consequently the loss suffered by the plaintiff, through the damage or breakage to one, is $3,500.00.

13. The defendant has offered no real basis of defense to this claim, and, in its discretion, the Court finds that the defense was not in such good faith, and the amount of the plaintiff’s claim was not in such dispute, as to render the defendant free from an obligation to pay interest from the date of the plaintiff’s claim. The plaintiff is, therefore, entitled to interest at the rate of 6% per annum on the amount of his damage, $3,500.00, or from the filing date of his claim, August 9, 1950.

1. The Court has jurisdiction of this action under Sections 1331 and 1332 of Title 28 U.S.C.

2. The defendant is subject to the provisions of Section 20(11) of Title 49 U.S.C.A.

3. When proof is given by the plaintiff that property delivered to a common carrier in good condition was damaged while in the hands of the common carrier, a presumption arises that the damage was due to negligence and the burden of going forward with the evidence is upon the common carrier to show that it was free from negligence or that the damage occurred without its fault. This is true both under the statute above cited and the special contract between the parties.

4. Where it is shown that a common carrier accepts two crates containing similar articles similarly packed for transportation together and under similar conditions and delivers one of them damaged and the other undamaged, the Court is entitled to find that such facts constitute evidence of negligence as to the one damaged, and that such evidence lends strength to the presumption of negligence set out in the third conclusion.

5. Interest may be allowed as compensation for delay in paying the damages from damage or breakage in transportation under the Carmack Amendment, 49 U.S.C.A. § 20(11), whether the technical form of the action is in contract or tort, and, under Rule 54(c), Federal Rules of Civil Procedure, 28 U.S.C., the Court may allow such interest, even though no demand has been made therefor in the complaint.

6. The plaintiff is entitled to judgment against the defendant for the amount of $3,500.00, plus interest at 6% per annum from August 9, 1950, and his costs.

Judgment accordingly.


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 Common soldiers who had been inured to a life of hardship, and young officers who had been nursed in luxurious homes, alike proved their manhood, and emerged from that terrible trial with equal honour. The native strength and soundness of the English race, and of manly English training and discipline, were never more powerfully exhibited; and it was there emphatically proved that the Men of England are, after all, its greatest products. A terrible price was paid for this great chapter in our history, but if those who survive, and those who come after, profit by the lesson and example, it may not have been purchased at too great a cost.

But not less energy and courage have been displayed in India and the East by men of various nations, in other lines of action more peaceful and beneficent than that of war. And while the heroes of the sword are remembered, the heroes of the gospel ought not to be forgotten. From Xavier to Martyn and Williams, there has been a succession of illustrious missionary labourers, working in a spirit of sublime self-sacrifice, without any thought of worldly honour, inspired solely by the hope of seeking out and rescuing the lost and fallen of their race. Borne up by invincible courage and never-failing patience, these men have endured privations, braved dangers, walked through pestilence, and borne all toils, fatigues, and sufferings, yet held on their way rejoicing, glorying even in martyrdom itself. Of these one of the first and most illustrious was Francis Xavier. Born of noble lineage, and with pleasure, power, and honour within his reach, he proved by his life that there are higher objects in the world than rank, and


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 Samuel M. Hollander, Newark, N. J., Arthur E. Garmaize, New York City, for plaintiff.

Bernard W. Schnur, Newark, N. J., David P. Siegel, New York City, for defendants.

MODARELLI, District Judge.

This is the case of In the Baggage Coach Ahead v. Baggage Coach Ahead. It involves plagiarism, naughtiest of literary vices, which has had a long and dishonorable career. The complaint was originally brought under the Copyright Act by Edward B. Marks Music Corporation v. Borst Music Publishing Co. Inc., a corporation, Arthur Borst, Cyrus Borst and Coleman Records, Inc., a corporation, alleging infringement of the old popular ballad “In the Baggage Coach Ahead.” The controversy between the plaintiff and defendant, Coleman Records, Inc., has been amicably adjusted and an order of dismissal entered. Defendants, Borst Music Publishing Co. Inc., Arthur Borst, and Cyrus Borst, filed


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16

consist of two troops or bodies; of which one contains the sable, and, as it were, mourning nobles, having red or bloody spots at the basis of their wings. These receive names from the Trojan nobles; and the most splendid among them bear the name of Priam. The other body, ornamented with a variety of gay colours, are distinguished by the names of the Grecian heroes; and, as in both armies there are kings as well as officers of an inferior rank, those elegant butterflies whose hinder wings resemble tails are distinguished by some royal name. Thus when Paris is mentioned (knowing that he was a Trojan, and of royal blood) we look for him among those of the first section; i. e., those of a sable colour, spotted in the breast with red, and having their hinder wings resembling tails. When Agamemnon is named, we at once find him among those nobles which have variegated and swallow-tailed wings. But when Nereus is spoken of, we readily know him to belong to the last section, having wings but no tails." The Equites are the first of the six classes into which naturalists divide the genus Papilio; the others being 2nd, Heliconii; 3rd, Parnassii; 4th, Danai; 5th, Nymphales; 6th, Plebii.—Translator's Note to Hoffmeister's Travels in Ceylon.

.—Two ladders have already been erected, one at Moulsey and the other at Teddington. Mr. Buekland thus describes them:—"Two walls are constructed from the top to the foot of the weir (on its slope). Slabs of iron or stone (the stops) are then fixed at right angles into these walls, reaching about four-fifths of the way across the passage. The slots (or passages for the fish between the wall and the end of the stop) come alternately to the right and left, so that when the water runs down the ladder it describes a zigzag (or rather serpentine) course; the fish nosing about the foot of the weir like timid foxhunters galloping up and down a severe bullfinch in search for a gap, are attracted to the foot of the ladder by the current coming down it; they then make a rush through the lowermost opening into the first box or step, then into the next, and next, and so on till they get to the top. If they are tired, they can rest as long as they please in the eddies between each of the stops. It is found, however, in practice, that it does not answer to make the ascent of the ladder too easy, as, if the fish find themselves too comfortable in the eddies, they will stay there, and be liable to become a prey to poachers, as a reward for their laziness."

.—Bustling men, who cannot work and wait, may sneer if they will at the silent patience of the angler; what know they of the still charm which creeps over the senses, helping them to take in with half-unconscious appetite the blessed influence of evening, when the coolness of the earth meets the sinking fire of the sunbeam, and sends an equal pulse of life through every blade and leaf? Then the watcher who stands beside the pool receives into his being that calm which marks the brethren of his craft. He is angling, it is true; he speculates on the indecision of the fish, which—may be, even now deep in the cool water—are circling with suspicious hunger round his bait, loath to swallow, still more loath to leave, the luscious worm. Yet meanwhile, he gathers in, through open senses, store of Nature's truth; he sees and marks, with tenacious observation, countless traits of life—the persevering industry of the insect, the sociable intelligence of the bird, the short history of the summer plant, the steady progress of the growing tree, the shifting architecture of the clouds, the ceaseless machinery of all around that dies to live and lives to die in perpetual succession. But, look! there is a bite. See, the float is uneasy—makes little rings in the water. Now it moves slowly off—and dips a quarter of an inch—now it rises up, and lies on its side: that is sure symptom of a tench. Draw in your slack line, lest you hit your rod against an overhanging branch. Now, strike! Yes, you have him. He is a fine fellow, too. See how he rolls the water up with his tail, like the blade of a revolving screw; down again, head first! Give him play, but by all means keep him in the midst of that clear spot. Ah! he is yielding to the—to him—mysterious power from above. Another last dive, and then he can barely keep his head below the surface. Be quiet, but gentle, with the landing-net; tow him within its open mouth. There; he is safe—at least, in our view of his position. No, poor fellow, that muscular curving of your strong back is of no use to you in the new element to which you are transferred; your slimy life among the weeds is over now; you have swallowed your last mouthful, and must play an altogether passive part throughout your next appearance at a feast.—Jones's Holiday Papers.

.—The young salmon deposited some time since in Badger's Creek, a tributary of the Yarra, are doing well, and are now about three inches long. We have not heard lately how the Hobart Town portion of the great naturalization experiment is getting on, but by last advices it was proceeding prosperously.

.—It is a remarkable feat that no trout or salmon inhabit any of the rivers that fall into the Indian Ocean. This widely distributed order of fish (Salmonidæ) is, however, found in the Oxus, and in all the rivers of Central Asia that flow north and west. The cultural Himalayan rivers often


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 a counterclaim. No evidence was presented as to the counterclaim and no reference has been made to them in the briefs; consequently the counterclaim is deemed to have been abandoned.

The music and lyrics of the piece were composed of Gussie L. Davis, a pullman porter. A History of Popular Music in America, by Sigmund Spaeth, p. 267. Read ’Em and Weep, by the same authority, p. 153. Blue Book of Tin Pan Alley, by Burton, p. 26. This fact was further substantiated by the testimony of a friend and contemporary of the composer. Mr. Davis assigned the composition to Howley Haviland & Co., publishers, who, on August 20, 1896, obtained a copyright on the words and music, which under the act extended for a twenty-eight-year term.

The widow of the author, Lottie Davis Smith, now deceased, applied for and obtained a renewal copyright on July 23, 1924, pursuant to the Copyright Act of March 4, 1909:

"“* * * the widow, widower, or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then the author’s executors, or in the absence of a will, his next of kin shall be entitled to a renewal and extension of the copyright in such work for a further term of twenty-eight years * * *.” Title 17 U.S.C. § 24 note."

The renewal application was registered in the United States Copyright Office and a certificate issued by the Register of Copyrights.

Lottie Davis Smith by agreement dated November 20, 1924, assigned her renewal rights in the song to Edward B. Marks in return for certain royalty concessions. The signature of Lottie Davis Smith was witnessed by one Max Sharks and her acknowledgment taken before a notary public. The assignment was recorded in the Copyright Office on February 17, 1925. Edward B. Marks in turn assigned his rights to “In the Baggage Coach Ahead” to the Edward B. Marks Music Corporation, the plaintiff in this action, on July 1, 1932. This assignment was recorded in the Copyright Office on July 2, 1932.

The allegations of infringement focus upon the lyrics of a song entitled “Baggage Coach Ahead,” for which the defendant, Arthur Borst, claims he composed both music and lyrics during 1947. He obtained a copyright October 23, 1947, and assigned the rights to defendant Borst Music Publishing Co., Inc., on May 27, 1949. The assignment was recorded that same year with the United States Copyright Office.

The protection afforded literary or musical property by the copyright law differs in substantial respect from that afforded the patentee under the patent law. The originator of a patentable article is protected against infringements even as against a subsequent originator who had no notice of the patented article. In the realm of copyrights, however, each originator has a property right in his artistic achievement and the complainant must bear the burden of establishing that the defendant was guilty of plagiarism; access to plaintiff’s work must be shown. Twentieth Century-Fox Film Corp. v. Dieckhaus, 8 Cir., 1946, 153 F.2d 893, 894.

The plaintiff’s property, “In the Baggage Coach Ahead,” enjoyed considerable popularity during the first two decades of this century; it acquired folk song notoriety. Even in recent years it has been classed as a steady seller. A History of Popular Music in America, Sigmund Spaeth, p. 268. Blue Book of Tin Pan Alley, Burton, pp. 26, 27. The probability that Arthur Borst either consciously or unconsciously had access to the lyrics is great. Plaintiff submitted four books of songs all published by it containing the original music and lyrics as written by Gussie L. Davis. These song books enjoyed wide publicity and distribution prior to the date upon which defendant allegedly was inspired to compose a like ballad. Mountainside Melodies, 1934, p. 10. Time to Sing, 1938, p. 10. Along Memory Lane, 1941, p. 29. Memories of the Gay Nineties, 1942, p. 22.

In addition, an examination of the lyrics of the two songs leaves no doubt in my mind


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Rh

reception, favourable and unfavourable, that has been the lot of the Commonweal and the variegated criticisms that have been forthcoming on the Socialist League serve to show that League and Journal, in the familiar phrase, “meet a want.”

The “want,” we may be pardoned for once again saying, is that of an English paper and of an English organisation which will preach in season and out of season Socialism, pure and simple, without any admixture either of political opportunism or bourgeois sentiment or national Chauvinism. The uncompromising nature of our antagonism to the capitalistic system of to-day is gatherable from the contents of our manifesto and of our journal; whilst as a particular indication of the completeness of that antagonism we may point to the resolution passed by the Provisional Council of the Socialist League in respect to the British crimes in the Soudan.

The League is, as far as we know, the only public body that has, in the very fever of the crisis due to the death of Gordon, denounced the war as in reality one of capitalistic greed. To their honour be it said that some few journals and some one or two men have tried to hush the wild and wicked cry for revenge that has gone up from a country stricken with panic and the lust for blood. But neither these journals nor these men have stripped bare the hideous monster of Capital that underlies all the fine phrases as to heroic deeds of which there is such a surfeit at this hour.

In a special article the subject that is in all men's mouths is dealt with. Every word of that article we endorse. Although we believe that in this we stand almost along amongst English-speaking peoples, although we are sorrowful at the death of our brothers, Arab and British, yet we cannot join in the strained and pitiable cry of a false sentiment over the death of any man who has died in doing all another country, and thus all countries, an irreparable wrong. Few things tell more sadly, more bitterly, of the depths of our ethical degradation, outcome of our capitalistic degradation, than the heroification of Gordon. We recognise the ability of Gordon as a soldier, the purity of his character as a man. But we cannot forget that he was the chief opponent of the rising of an oppressed people, that on the head of the popular leader he set a price, that he promised with the cold-blooded deliberation of a military despatch to sack Berber. That civilisation to-day can find no higher type to worship than this, speaks ill for civilisation. We refuse to name Gordon as a hero. The best he can be called is “unhappy.” An unfortunate product of our terrible system that manufactures criminals at one end of the social scale and patriots at the other.

The necessity of making the position of Socialists clear on the Egyptian business and the number of contributions from foreign Socialists welcoming the formation of our organisation and the foundation of our paper, determine in some measure the character of this second number. Our educational articles are not, as will be seen, forgotten, and in ensuing numbers they will be yet more to the fore.

In connexion with the subject of education, the first attempt of the League in that direction has met with an agreeably surprising success. The lessons in Socialism that have been given up to the present time have been productive of good audiences and good work. The four to be given on the Thursdays in March at South Place Institute at 8:30 p.m., deal respectively with Labour, the Factory Acts, Manufactures, Machinery, from the Socialistic point of view. A series of pamphlets under the general heading “The Socialistic Platform” is in contemplation.

Again we remind our leaders that this paper is under the direction of the whole of the Provisional Council of the Socialist League, whose servants the editor and sub-editor are. That Provisional Council will cease to exist as soon as a general Conference of the League is called. The number of members that have already given in their adhesion and their names warrants us in saying that such a Conference will be summoned in a very short time, and a Council no longer provisional elected.

To those who have our principles in their heads and the cause of the workers at heart, we appeal once again. Join the League, or better still, form branches of it in your various localities, read and circulate our paper, attend our lessons, discuss with your fellows the social question. For there is but one, that, Aaron's-rod fashion, swallows up those of all the magicians.

February last year two figures were circling round the office of the Pall Mall Gazette, the one writing articles, the other being interviewed; they were those of the two ex-Governors of the Soudan, Sir Samuel Baker and General Gordon, then just returned from Brussels. About the same time (or a little earlier) Sir Samuel was zealously advocating in the columns of the same journal the improving of the situation provided by the defeat of his brother's Egyptian force at Tokar for the conquest of the Soudan and the establishment of a second East India Company, or syndicate of stock-jobbers, who were to administer East Africa in the interest of commercial enterprise. The ex-Governors were avowed pe friends, so much so that of the first two messages sent by Gordon to England on the resumption of communication between Khartoum and the outer world, last autumn, one to Sir Samuel Baker, the other being to his (Gordon's) s. It is hardly, therefore, too much to assume that the two hab of the Pall Mall Gazette office were in close communication  each other during the “hero's” stay in London, and frequently interchanged views on the matter with which their public  was most intimately associated. The sentiments of Gordon, moreover, were openly known to coincide with those of Ba and the Pall Mall Gazette—at least, in his objection to the abandonment of the Soudan and his desire to see an English Protectorate. Shortly afterwards Gordon left England, professedly to effect the evacuation of the country and the release of the Egyptian garrisons.

Now we submit that the simple circumstance above indicated throw a light on what has follows, by which all who are not wilfully blind must see in this wretched business one of the most odious pieces of politico-commercial “jobbery” to which even this country has given birth. Whatever may have been the intention of the Government—if it had any—one thing is quite clear, to wit, that it was not the intention of Gordon or his friends that the Soudan should be abandoned if he or they could help it.

After the infuriated market-hunters had succeeded in raising the flimsiest and most baseless of cuckoo cries for British intervention, that of the rescue of cut-throats, with whose dangers England politically was as much concerned as with those of Russian garrisons in Central Asia; who were there simply to bolster up the admittedly iniquitous rule of the Pachas, the majority of whom as it has proved were only too willing to accept the easy terms of submission offered them by the Mahdi, and the rest of whom as it has proved were only too willing to accept the easy terms of submission offered them by the Mahdi, and the rest of whom put together would not equal in number by many thousands the lives necessarily lost in a campaign even the shortest;—after having by means of this hypocritical cant procured the dispatch of their right-hand man, Godron, what do we find ensue? Is any serious attempt made to negotiate with the Mahdi on behalf of those precious Bashi-Bazouk garrisons as to the fate of whom the pathetic voice of the lachrymose Jingo had been raised so loud in the land? No; but the “Christian hero,” after making one or two obviously impossible demands on the home authorities, proceeds to fortify himself within the walls of Khartoum, and with the help of the garrison and all the fighting men he can get together, to wage war on the surrounding tribes, whom he had but just previously called his friends.


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 that the second composition was not original but was taken directly from the verses set down by Gussie L. Davis. The title of defendants’ song differs only in that the words “In the” were dropped from Davis’ title. The verse and refrain of the two songs have a line for line identity, varied only by occasional substitution of synonymous words. A line for line comparison of the lyrics of the two songs will serve to illustrate their striking similarity: {|
 * Plaintiff’s Composition
 * Plaintiff’s Composition

 * Defendants’ Composition

All the passengers had gone to bed, Except one young man with a babe on his arm, Who sat there with a bowed-down head, The innocent one commenc’d crying just then, As tho’ its poor heart would break, One angry man said, make that child stop its noise, For your keeping all of us awake. ‘Put it out’ said another,
 * “On a dark stormy night, as a train rattled on,
 * “On a dark stormy night, as a train rattled on,
 * Don’t keep it in here,

We’ve paid for our berths and want rest, But never a word said the man with the child, As he fondled it close to his breast Where is its mother go take it to her This a lady then softly said ‘I wish that I could’ was the mans sad reply, But she’s dead, in the coach ahead. All the passengers were gone to bed Except one young man, with a babe in his arms, As he sat with a bowed down head. The innocent one began crying just then, As tho’ its poor heart would break, When an angry man said: ‘Make that child stop its noise, Because it’s keeping all of us awake.’ Put it out said another, don’t keep it in here, We have paid for our berths and want rest. But never a word, said the man with the child, As he held it close to his breast. Oh, where is its mother go take it to her, A lady so softly said, I wish that I could was the young man’s reply, But she’s dead in the coach ahead. Thinking of the happiness, of just a few short years; For baby’s face brings pictures of a cherished hope that’s dead But baby’s cries can’t waken her In the baggage coach ahead. Thinking of the happy days of just a few short years. Baby’s face brings pictures of a childish face that’s dead, But baby’s cries can’t waken her, She’s in the coach ahead. Of a wife who was faithful and true, He told how he’d saved up his earnings for years, Just to build up a home for two, How, when Heaven had sent them this sweet little babe, Their young happy lives were blessed, In tears he broke down when he mentioned her name, And in tears tried to tell them the rest,
 * “One dark stormy night, as the train rolled along,
 * While the train rolled onward a husband sat in tears,
 * While the train rolled onward a husband sat in tears,
 * As the train rolled onward, the husband sat in tears,
 * Ev’ry eye filled with tears when his story he told,
 * Ev’ry eye filled with tears when his story he told,
 * Ev’ry woman arose to assist with the child,
 * Ev’ry woman arose, from the story he told,
 * Ev’ry woman arose, from the story he told,


text: The Commonweal/Volume 1/Number 2

title: The Commonweal/Volume 1/Number 2


text: The Commonweal/Volume 1/Number 2/Editorial


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- 7 - inch. Normal contact patterns were evident in the inner center tang of the vanes. Several vanes were buckled and missing the inner platform. The fourth stage inner seal ring assembly was severely torn and twisted. normal vane patterns were evident on the rail section. The separated inner sealing ring was torn apart and severely rubbed. The fourth stage nuzzle guide vanes were damaged slightly on both the leading and trailing edges, most of the outer forward feet were broken, and several vanes were broken through the airfoil. There were varied temperature patterns visible on the guide vanes but no evidence of overtemperature. The lock rings for the nozzle guide vanes were recovered, severely distorted, as well as the outer seals which were also severely rubbed and distorted.

The turbine housing assembly was circumferentially gouged around the inner surface and the turbine exhaust case was collapsed in the horizontal plane and the interior of the case was severely scored and peened. The upper rear half of the turbine nozzle case was split open from the plane of the third stage turbine disk aft to the rear flange, and forward to the first stage turbine rotor.

1.13

There was evidence of fire on the separated wing section, the wing around the point of separation, and on the No. 4 engine. Fire was observed by ground witnesses, passengers and crewmembers, and photographed, in color, from the ground and by a passenger.

The flight crew was alerted to the fire when an intermittent fire warning was observed while they were going through the engine shutdown procedure following the failure of the No. 4 engine. The first officer then actuated the fire selector lever for the No. 4 engine and discharged both fire extinguisher bottles to the engine. The fire was observed to go out and did not recur although fluid was observed streaming from the right wing for the duration of the flight. Fuel was still streaming from the right wing, after landing, from the No. 4 tank area until the fire department plugged the hole in the bottom of the tank. The area around the fuel spill and the wing stub were formed as a preventive measure while the passengers were debarking from the aircraft.

Examinations of the fire extinguisher bottles in the right wing revealed that they were both empty and the discharge indicating disk was missing while the thermal discharge indicating disks were intact. The fire extinguisher line which runs along the forward face of the right front spar was severely chafed and worn through at about front spar station 653. The chafed area was on the bottom of the line where it contacts the front spar bottom cap, and was 6-1/2 inches ling and 5/16 inche [sic] wide at its widest point. A hole in the chafed area was 1 inch long and 1/8 inch wide. Aside from this chafed area the line was intact to a point 45 inches beyond the No. 4 pylon firewall where it separated from the engine plumbing. The No. 4 engine fire detector wiring was in the No. 4 pylon wire bundle and was charred in the upper pylon area, aft of the pylon firewall. The extremity of the wire was stripped of insulation and exposed to the airstream.

Fire damage to the No. 4 engine consisted of sooting of the accessory drive gear and a heat pattern in the left side cowl panel beginning 12 inches from the top of the cowl, at the leading edge, extending diagonally down and aft to a point 8 inches above the surge bleed door. This beat pattern was about 12 inches wide and consisted of molten metal on the side of the cowl and soot on the outside.


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 The rhythm is the same. The story and sequence are identical. There is but one notable variation, defendant omits one entire stanza of Davis’ composition. The testimony of Arthur Borst and his witnesses is not of a character sufficient to offset this patent similarity of verse. This court finds that defendants have infringed plaintiff’s rights in Davis’ composition. Robbins Music Corp. v. Weinstock, D.C.S.D.N.Y.1952, 107 F.Supp. 102.

Plaintiff’s title to the [sic] Davis’ composition is questioned by defendants. Assignment of a copyright in general terms does not include conveyance of renewal interests. These must be specifically set forth in the assignment. Fred Fisher Music Co. v. M. Witmark & Sons, 1942, 318 U.S. 643, 653, 63 S.Ct. 773, 87 L.Ed. 1055; Silverman v. Sunrise Pictures Corp., 2 Cir., 1921, 273 F. 909, 19 A.L.R. 289; White-Smith Music Pub. Co. v. Goff, 1 Cir., 1911, 187 F. 247. The assignment of the original copyright to Howley Haviland & Co. has not been shown to have included the renewal rights.

In the absence of a showing of Davis’ intention to assign renewal rights either by evidence or implication from evidence, those rights are deemed preserved. The Certificate and Record of Death submitted on plaintiff’s case indicates that the author died in 1899. Under Section 24 of the Copyright Act, Title 17 U.S.C., therefore, the widow or children gain the right to a renewal extension of the copyright. Defendants’Defendants [sic] submit that William Davis, a brother of Gussie L. Davis, applied for renewal rights one day earlier than did Lottie Davis Smith. This fact does not impair the widow’s right to renewal; by the terms of the statute, the rights of the next-of-kin are non-existent if the widow lives.

Defendants contend that the person who applied for and obtained the renewal copyright under the name of Lottie Davis Smith was not in fact that person and was not the widow of Gussie L. Davis. Defendants make the same contentions as to the assignment of renewal rights to plaintiff.

A certificate of copyright registration is prima facie evidence of title and of all that appears on the face of the certificate. A significant fact which tends to disprove defendants’ contention that Mrs. Smith was not the widow of Gussie L. Davis is that the latter’s brother who filed the earlier application for renewal rights apparently entered no protest to the application filed by Lottie Davis Smith. It would seem likely that the brother would have been quick to object to the granting of the renewal rights to Lottie Davis Smith is she were not Gussie L. Davis’ widow.

“The plaintiff made a prima facie case of title, and the burden of going forward with evidence to show that plaintiff’s title was defective then shifted to defendant * * * defendant’s denial upon information and belief cannot be regarded as evidence overcoming


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 plaintiff’s prima facie case.” Gerlach-Barklow Co. v. Morris & Bendien, 2 Cir., 1927, 23 F.2d 159, 161. To like effect: Houghton Mifflin Co. v. Stackpole Sons, Inc., 2 Cir., 1939, 104 F.2d 306, 311; Edward B. Marks Music Corp. v. Wonnell, D.C.S.D.N.Y.1945, 61 F.Supp. 722, 725; Remick Music Corp. v. Interstate Hotel Co. of Nebraska, D.C.Neb.1944, 58 F. Supp. 523, 531; Freudenthal v. Hebrew Pub. Co., D.C.S.D.N.Y.1942, 44 F.Supp. 754, 755.

The signatures of Lottie Davis Smith on the first assignment of November 20, 1924, and the two subsequent agreements of June and July 1940 are obviously made by the same hand. The signature appears to have been written with that care and deliberateness which characterize the hand of a largely illiterate person. The only pertinent evidence defendants submit to substantiate their charges is a handwritten letter from Lottie Davis Smith to Edward B. Marks Music Corporation dated October 7, 1923. The letter is written in a handwriting clearly not the same as the signatures affixed to the agreements between Lottie Davis Smith and the plaintiff. But this alone is insufficient to overcome the presumption of validity which attaches to those documents. The letter may well have been written for Mrs. Smith by a more literate party. Such a practice is not uncommon. The letter bears no identification that the person writing the letter was Mrs. Smith herself. The assignments on the other hand were made before witnesses on a legal document and were acknowledged before a notary public in each instance.

Defendants contend further that as Davis’ wife remarried she lost her widow’s rights to a renewal copyright. No such restriction is expressed or implied in the wording of the Act nor does any recorded case under the Act lend support to the theory. Authority to the effect that a woman who remarries retains her status as widow of her first husband abounds in analogous branches of law. See for example: Trathen v. United States, 3 Cir., 1952, 198 F.2d 757, National Service Life Insurance Act, 38 U.S.C.A. § 801 et seq., Hansen v. Brann & Stewart Co., 1917, 90 N.J.L. 444, 103 A. 696, Workmen’s Compensation Act. Petition of United States, D.C.S.D.N.Y.1950, 92 F.Supp. 495, Jones Act, 46 U.S.C.A. § 688. The City of Rome, D.C.S.D.N.Y.1930, 48 F.2d 333, Death on the High Seas Act, 46 U.S.C.A. §§ 761, 762. In re Rhead’s Estate, 288 Mich. 220, 284 N.W. 706 (Descent & Distribution).

And so, having found as I did above that the defendants Borst Music Publishing Co. Inc., Arthur Borst and Cyrus Borst have infringed the plaintiff’s lyrics, there remains only the question of relief. The plaintiff may take the usual injunction against the defendants jointly and severally. The defendants are required to deliver up for destruction all infringing copies and all plates and other devices for making such infringing copies. In the absence of any proof of any actual damages as a result of defendants’ infringement, statutory damages in the sum of $250 are awarded to plaintiff on each of the infringements. The plaintiff is likewise entitled to a full bill of costs, but I will make no allowance of counsel fees, since that is discretionary.

An appropriate judgment may be submitted in conformity with the opinion herein expressed.


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- 8 - There were three distinct fire patterns on the part of the wing which remained on the aircraft. (See Attachment No. 1.) One originated on the inboard gap cover area, followed the outboard nacelle upper surface support outboard to the trailing edge of the upper surface, and inboard to the inbound end of the outboard flap. The wing skin over all three fuel tank vent lines in this area was burned away or cracked for lenghts [sic] ranging from 44 inches over the forward vent line to 26 inches over the aft vent line. In this same area there were three holes, located in buckled skin, through the upper skin over the No. 4 main fuel tank.

The second fire pattern was in the area of the wing separation outboard of station 733. This fire consumed much of the portion of the aft spar remaining outboard of the production break and the centers of the access doors remaining with the attached lower skin. The fracture surfaces inboard of this area were extensively burned and metal sprayed while those on the separated panel had little heat damage and no soot deposits.

The third fire area was defined by heavy sooting and/or consumption of much of the outboard skin and ribs along the entire length of the nacelle strut trailing edge fairing. Finally, metal droplets were found on the right horizontal stabilizer and on the outboard three wing vortex generators in the aft row.

The outboard wing section that separated from the aircraft was extensively burnt and sooted. There was a ground fire where the wing section came to rest and the fire department reported using 250 gallons of water to extinguish it.

1.14 Survival Aspects

Prior to takeoff the stewardesses gave a passenger briefing and demonstration of the lifevests and oxygen masks and indicated the location of the emergency exits.

Following the loss of the engine and the outboard wing the passengers were briefed on ditching procedures and instructed to don their lifevests. After the decision was made to land at Travis AFB, the passengers were briefed by the cabin crew on preparation for an emergency landing including instructions on removal of shoes, sharp objects, etc., and the "braced position" to be assumed for the landing. Male passengers were placed at the emergency window exists and others chosen to assist with the evacuation slides.

The passengers assumed the braced position for the landing on instructions from the second officer who took charge of the cabin. The second officer and the cabin attendants opened the main entry doors and the galley service doors and, due to a lack of loading stairs, extended the evacuation slides. The captain stated that, to insure an orderly debarkation, he delayed the movement of the passengers until he was certain all stations were prepared. The debarkation was reported as orderly and took about four minutes from the time the aircraft stopped.

1.15 Tests and Research

Portions of the third stage turbine disk from the No. 4 engine were examined by the National Bureau of Standards and the Board's metallurgist. This examination revealed of circumferential fracture approximately two inches from the bottoms of the blade retention slots. This fracture occurred through a groove approximately


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 ==THE CHARACTERS==
 * ÅSE, a peasant's widow.
 * PEER GYNT, her son.
 * TWO OLD WOMEN with corn-sacks. ASLAK, a smith. WEDDING-GUESTS. A MASTER-COOK, A FIDDLER, etc.
 * A MAN AND WIFE, newcomers to the district.
 * SOLVEIG and LITTLE HELGA, their daughters.
 * THE FARMER AT HEGSTAD.
 * INGRID, his daughter.
 * THE BRIDEGROOM and His PARENTS.
 * THREE SAETER-GIRLS. A GREEN-CLAD WOMAN.
 * THE OLD MAN OF THE DOVRE.
 * A TROLL-COURTIER. SEVERAL OTHERS. TROLL-MAIDENS and TROLL-URCHINS. A COUPLE OF WITCHES. BROWNIES, NIXIES, GNOMES, etc.
 * AN UGLY BRAT. A VOICE IN THE DARKNESS. BIRD-CRIES.
 * KARI, a cottar's wife.
 * Master COTTON, Monsieur BALLON, Herren VON EBERKOPF and TRUMPETERSTRALE, gentlemen on their travels. A THIEF and A RECEIVER.
 * ANITRA, daughter of a Bedouin chief.
 * ARABS, FEMALE SLAVES, DANCING-GIRLS, etc.
 * THE MEMNON-STATUE (singing). THE SPHINX AT GIZEH (muta persona).
 * PROFESSOR BEGRIFFENFELDT, Dr. Phil., director of the madhouse atCairo.
 * HUHU, a language-reformer from the coast of Malabar. HUSSEIN, aneastern Minister. A FELLAH, with a royal mummy.
 * SEVERAL MADMEN, with their KEEPERS.
 * A NORWEGIAN SKIPPER and HIS CREW. A STRANGE PASSENGER.
 * A PASTOR. A FUNERAL-PARTY. A PARISH-OFFICER. A BUTTON-MOULDER. ALEAN PERSON.

The action, which opens in the beginning of the nineteenth century, and ends around the 1860's, takes place partly in Gudbrandsdalen, and on the mountains around it, partly on the coast of Morocco, in the desert of Sahara, in a madhouse at Cairo, at sea, etc.


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 Malayan Fishes

INTRODUCTION.

"Fish is not a luxury, but an absolute necessary of life, with a rice-eating population."

"It is obvious that in order to secure an adequate and plentiful supply of fish, especially to large cities like Calcutta we must go further out into the deep sea—which, after all, is the largest repository of piscine wealth facts and figures relating to the sea-fisheries of Great Britain, the United States and Canada ought to open our eyes to the great possibilities which lie before us."

"In Bengal, Government will have to do a great deal more; it will have to create and build up the sea-fishing industry, with the object of handing it, let us hope at no distant date, to private enterprise.

"It will also be necessary to show the best way of working the estuarine fisheries by improved methods of capture and of bringing the catches expeditiously to market in a sound state."

"I appeal-to the whole population of these Islands, a maritime people who owe everything to the sea. I urge them to become better informed in regard to our national sea-fisheries and take a more enlightened interest in the basal principles that underlie a rational regulation and exploitation of these important industries. National efficiency depends to a very great extent upon the degree in which scientific results and methods are appreciated by the people and scientific investigation is promoted by the Government and other administrative authorities. The principles and discoveries of science apply to aquiculture [sic] no less than to agriculture. To increase the harvest of the sea the fisheries must be continuously investigated"

"In no other section of our food supply could the application of capital to a comparatively small amount mean so considerable a development Both as regards railway and cold storage facilities the fish trade is in its infancy Transportation—cheap and rapid, must be provided by the State-fish trains should have precedence—and rates should be very low, even to the extent of entailing considerable loss."


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 Fish are curious creatures and we have still a great deal to learn about their habits. Some like the Salmon and the Shad (Ikan tĕrubok) live in the sea and spawn in the rivers. Such fish are termed anadromous and the term is also applied to fish which make a migration from the deep sea coastwards for the purpose of spawning.

Others, like some Eels, live in the rivers and spawn in the sea. The common Eel of Europe (Anguilla vulgaris) spawns far out in the ocean, after which both males and females die, never returning to fresh-water a second time. Fishes which live in the rivers and spawn in the sea are termed catadromous.

Some fishes do not lay eggs but bring forth their young alive. Examples of viviparous fishes occur in the Shark and Ray families and also in the, and. Instances of functional hermaphroditism occur, and some of the (Sea-Perches) are invariably hermaphrodite and self-fertilising.

A Sea-Bream, Chrysophrys auratus, is an example of successive hermaphroditism, the male and female sex-cells ripening alternately. As an occasional variation hermaphroditism has been recorded in such well known fishes as the Cod, the Mackerel and the Herring.

The eggs of fishes may be divided into two kinds; the large (demersal ova) which are heavy and sink; and the small (pelagic ova) which are buoyant and float at or below the surface according to their density. The buoyancy of the pelagic egg depends, however, on the density of the sea and the pelagic egg becomes demersal, in position, in brackish water and in fresh water.

Demersal eggs may be either viscid and adhesive or smooth and non-adhesive.

Pelagic eggs are distinguished by their lightness, buoyancy, small size and remarkable transparency. They are always non-adhesive and free and they invariably belong to Marine Fishes. As a general rule it may be said that fresh water fish produce demersal ova and marine fish pelagic ova.

When we realise that the eggs of most Marine fishes float, it is obviously futile to speak of guarding the "spawning grounds" on our coasts. It is necessary to mention this because at one time it was thought that spawning took place on shallow banks or even close in shore but this is now known to be incorrect, except in the case of the true Herring which lays demersal eggs in comparatively shallow water, and a few less important species.

Amongst our important Marine food fishes which are known to produce pelagic eggs are members of the Herring, Mackerel, Horse-Mackerel, Sea-Perch, Mullet and Flatfish families, in fact, all our best fish.


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 Fishes known to produce demersal eggs on our coasts are the Gar-Pike (Todak) and the Flying-fish (Bělalang) and their eggs have viscid threads by which they become attached or entangled with foreign objects or eggs of the same species. The eggs of the Todak may be seen entangled in fishing stakes (kelong) in masses, which look rather like cobwebs.

When the breeding season arrives fishes migrate to the localities most suitable for the deposition of their eggs. At this time our principal food fish which produce pelagic eggs proceed far out to sea against the prevailing monsoonal current. This is known as the contranatant spawning migration. After spawning, the eggs are brought back by the current towards the coast. This is the denatant drift.

Though the eggs of many species of fish hatch out fry which are miniature representations of the adult fish, the eggs of others hatch out larval forms, known as Leptocephali, which bear no resemblance to their patents. These Leptocephali are transparent, attenuated creatures, often ribbon-like in shape, with very small heads. They appear to be incapable of much effort and to be specially adapted for passive drift; in fact, the Leptocephalus stage appear to be a marvellous provision of Nature to enable the young of certain fish which spawn far out at sea to reach the shallows near the coasts in a state of suspended animation. We know that the Tarpin (Megalops cyprinoides) Malay Bulan-bulan and the Giant Herring (Elops hawaiiensis) Malay Bandang, pass through a Leptocephalus stage, and as no Malay fisherman whom I have questioned, has ever seen the Parang-parang (Chirocentrus dorab) until it was a few inches long, it may be because this fish passes through a larval metamorphosis also. It is only within recent years, that certain Leptocephali, long known to naturalists, have been identified as larval Eels.

For example, Leptocephalus brevirostris is now known to be the larva of the common Eel of Europe (Anguilla vulgaris) and Leptocephalus morrisii has been watched through its metamorphosis into the Conger Eel (Conger vulgaris).

If the contranatant spawning migration is against the S. W. monsoonal current, the ova and larvae will drift in a N. E. direction and those that enter the Straits of Malacca, for instance, would gradually approach the West coast of the Peninsula. Similarly, a spawning migration in the South China Sea during the N. E. monsoon would result in the larvae being carried along and dispersed along the East coast of the Peninsula.

As the larvae approach the coast they come within the influence of the tides and while continuing their progress with the monsoon current they are carried backwards and forwards by the daily ebb and flow of the tides.


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 Their density causes them to sink lower in brackish water until they eventually find bottom in the shallow bays and estuaries and in this way are gradually dispersed all long the coast. Then a metamorphosis takes place and the feeble Leptocephalus is transformed into the active little fish which swims vigorously against the current and feeds incessantly and voraciously all the time.

In a recent report on the Fisheries of the Straits Settlements and Federated Malay States the writer drew attention to the Chinese fish-traps called pompang and other licensed fixed engines known as ambai, langgai, etc., of which there are several thousand between Penang and Port Swettenham. Though there are many kinds of these traps they all work on the same principle. In every case there is a wide V-shaped entrance terminating in a long funnel-shaped bag made of sacking or plaited split bamboos. The position of these traps is arranged with respect to the currents and tides so as to intercept the larvae and immature fish during their denatant drift to the shallows. Most of these traps float, and swing round with each tide so as to take toll both with the ebb and the flow.

An examination of the contents of these traps shews that in addition to immature fish, which any Malay fisherman will tell you are the fry of valuable food fish, the bulk of the catches are made up of feeble, attenuated, small-headed larval-like fishes which the Malays call Bunga ayer and to which they attach no value.

There can be little doubt that scientific investigation will prove that the Bunga ayer are valuable food-fish in the Leptocephalus stage.

This subject has been treated at some length because of its great economic importance and because the questions raised cannot be answered except by a specialist in marine biology.

Though myriads of larval and immature fish are caught daily for duck food, pig food and manure, and thousands of pikuls are exported as dried fish refuse, it has been argued, while admitting ambai catches are used mainly as pig food, that it appears a debatable point whether the flesh value thus produced is not as reat as the extra fish value which might be caught if the fry killed by ambai were left undisturbed!

We cannot afford to allow such points to remain debatable.

Let us go on with the life history of the tiny fish which we left in the first stage of an active existence in the shallow waters near the coast. These shallows are the nurseries or recruiting grounds where the fry keep together in schools or shoals.

"After a period in relatively shallow water, the shoal migrates to deeper water. At first the migration is not to a great distance, but with growth the annual pulsation becomes greater and greater.


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8 too. Maybe the law concerns itself simply with ensuring that employers don’t treat women generally less favorably than they do men. So how can we tell which sense, individual or group, “discriminate” carries in Title VII?

The statute answers that question directly. It tells us three times—including immediately after the words “discriminate against”—that our focus should be on individuals, not groups: Employers may not “fail or refuse to hire or ... discharge any individual, or otherwise ... discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s ... sex.” §2000e–2(a)(1) (emphasis added). And the meaning of “individual” was as uncontroversial in 1964 as it is today: “A particular being as distinguished from a class, species, or collection.” Webster’s New International Dictionary, at 1267. Here, again, Congress could have written the law differently. It might have said that “it shall be an unlawful employment practice to prefer one sex to the other in hiring, firing, or the terms or conditions of employment.” It might have said that there should be no “sex discrimination,” perhaps implying a focus on differential treatment between the two sexes as groups. More narrowly still, it could have forbidden only “sexist policies” against women as a class. But, once again, that is not the law we have.

The consequences of the law’s focus on individuals rather than groups are anything but academic. Suppose an employer fires a woman for refusing his sexual advances. It’s no defense for the employer to note that, while he treated that individual woman worse than he would have treated a man, he gives preferential treatment to female employees overall. The employer is liable for treating this woman worse in part because of her sex. Nor is it a defense for an employer to say it discriminates against both men and women because of sex. This statute works to protect individuals of both sexes from discrimination, and does so


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 "The migration is not merely inshore and offshore, but is at the same time in a definite direction with respect to the coast.

"Thus the life of the fish is spent until in from three to six years at the most, the call of maturity comes. In response thereto a migration takes place which appears to be usually beyond the limits of the seasonal migrations of the school."

A few moments' consideration will enable one to realise that the life habits of every species of fish are subject to certain fixed laws. It is only a matter of systematic organised research to discover those laws and to apply the knowledge to the development of Malayan Fisheries.

We can learn what has been done in Canada, Great Britain and the United States, but this general learning must be supplemented by detailed local research. We must work out our own local tables.

There are, probably, no less than 2000 species of fish in Malayan waters. There are certainly not less than 500 species of economic importance, and if we take 250 species as being valuable Marine food fishes, some idea may be formed of the amount of research required before we shall be in a position to state definitely where a certain species may be found in full roe, where its spawning grounds are, where the recruiting grounds of its young are and when and where it travels during its seasonal migrations.

Information of this kind will enable our fishermen to catch fish in the best condition and in the greatest quantities and this is the information which the Fishery Departments of Canada and America give the fishermen, even to the extent of using aeroplanes, fitted with wireless, to locate shoals and disseminate information.

There is a great deal of knowledge, of which no use is being made, in the possession of many illiterate Malay fishermen, spread over wide areas, all along the coasts of Malaya. This knowledge should be collected and tabulated.

The Departments of Fisheries in Ceylon, Australia, India, the Netherlands Indies and the Philippines have published records dealing with the fishes which also inhabit our seas and, in consequence, the Fishery Officers and scientists have the benefit of a vast amount of scientific research work on which to build up local data.

Though the question of damage to our marine fisheries has evoked some attention during the past two years, it is doubtful whether serious thought has been given to the terrible damage done to the fresh water fisheries by mining silt. Engineers have fought for their roads and railways against the invading silt, but, to judge from official reports, no one has fought for the fisheries and the need for protection of the riverine rights of the people would appear to have passed unnoticed.


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 Within the writer's memory the main rivers of the West coast were fine clear streams. The waters provided irrigation for the rice fields and contained quantities of fine edible fish. These rivers are now thick turbid streams carrying a heavy burden of slime and silt.

We have probably one hundred different species of Carp alone, besides dozens of species of Catfish and many fine fish belonging to the families, , etc., etc. Catfish can exist in slime and silt though it is questionable whether they can thrive, but Carp certainly require clear water to breed in.

One of our Carp the Kělah (Barbus sp.) has been described by Swettenham as the finest fresh water fish he ever ate in the East, and the Kalui (Osphromenus olfax) is so highly esteemed that several attempts have been made to introduce it into France, and it has been acclimatised in Mauritius, Australia and parts of India.

Tin mining is necessary and some pollution of the rivers is unavoidable, but there have been many cases where carelessly constructed dams have broken and a turbid flood of slime has been allowed to pour direct into the rivers for months while leisurely repairs are being made. Though much of the damage done in the past is irremediable, let us hope that a more general recognition of the value of the fresh water fisheries will result in a fair measure of protection in the future. There are still rivers which can be saved.

By saving our fresh water fisheries we shall save, incidentally, our rice-fields, for Rice and Fish in addition to being the two staple foods of the country are inseparable. When you destroy one you destroy the other.

Where you can grow rice you can catch fish and where you can no longer catch fish you cannot grow rice.

To explain: the mining silt which pours into the rivers gradually raises the bed of the stream and so causes a rise in the water table. A rise in the water table limits the area of drainable land, and drainage is as necessary to a rice field as irrigation. So the area which can be planted with rice becomes smaller and smaller until eventually the water table is so high that the river channel can no longer carry off storm water. The resultant floods deposit a layer of slime and silt on the rice fields and complete the work of destruction.

Fish cannot breed in the rivers polluted with slime and silt, so the Fisheries and rice fields perish simultaneously. In our policy of construction and development these facts should not be lost sight of.

There is yet another point which has received no attention and that concerns anadromous Marine fishes which enter rivers to spawn. Among these fishes the principal one is the Shad (


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 ), which ascends the rivers to a considerable distance during the breeding season. It arrives on the coast in enormous shoals, and twenty eight years ago, as Skeat has recorded, they were invariably taken in full roe, when they are in the best condition.

Recent reports show that Těrubok have fallen off both in quantity and, as the writer knows from his own experience, in quality, those now taken being mostly spent fish in which state they are positively unwholesome.

These fish used to be taken in such numbers that the nets contained more than the boats could load. Within the past few years the writer has, on several occasions, picked up these fish by hand in a dying condition apparently choked by silt in their attempt to ascend the rivers. Failing to ascend the rivers the Shad must either spawn in the sea or in the polluted lower reaches and in either case the eggs perish.

Unfortunately, the migrations of the Tĕrubok do not, as far as the writer's experience goes, take it to the East coast of the Peninsula, so that, the Tĕrubok fishery of Malaya appears to be in danger of extinction.

This introduction would not be complete without some mention of the conditions under which the transport of fish from the source to the consumer takes place.

There is a general agreement that transport is bad. Many schemes have been evolved for ensuring rapid transport and reduced prices, but none of them have been put into practice and probably none are commercially practicable. A permanent scheme is required that can be built up by degrees; the writer has advocated in two reports the use of cold storage. While allowing that the expenditure will be great we should not lose sight of the fact that it will be a permanent and sound investment.

Let us consider the existing conditions first.

In a temperate climate fish will keep fresh for days. Here, near the Equator, fish caught in the morning are in an advanced state of decomposition before the evening. Decay is arrested by the use of ice. For instance, ice manufactured in Kuala Lumpur is taken by train to Port Swettenham and sold to small middlemen who go to sea and purchase from the fishermen. These middlemen are bound as a rule to sell the fish to the ice dealers, who again sell to other middlemen, who sell to the retailers in the markets. The result is that fish costing $15 a pikul at sea cost $80 a pikul in Kuala Lumpur, 30 miles away.

Ice melts rapidly in the trains, in the boats, and in the markets. A box of fish must therefore contain an enormous proportion of ice to allow for wastage, and the fish instead of being fresh, cold, and wholesome are in a swollen and sodden condition.


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 While these are the conditions under which fish are transported a few miles in this country, we are indebted to a single Cold Storage Company for the privilege of being able to purchase, if we can afford it, fish, meat, game, butter and fruit, imported in refrigerated chambers from Great Britain, the United States, Australia and China.

Briefly, it amounts to this. We can eat foreign fish and foreign fowl but not the fresh produce of Malaya. Hundreds of tons of prime fish are caught every year on the East coast, where the inexhaustible supplies of the China sea are available, but all this fish is dried for export for lack of cold storage transport, though much of it is caught within 24 hours steam of Singapore.

There can be little doubt that the whole future of the perishable food business in this country depends on cold storage, but there is no decided opinion as to the part that the State should take in the development of the trade.

It was realised many years ago, that for sanitary reasons the ordinary shop house was not a suitable place in which fresh meat, fish, etc., could be exposed for sale, and, in the Malay States, the sale of such perishable produce is confined entirely to the markets built by the State.

It would seem, therefore, to be but reasonable and logical for the State to go a step further, and instal cold storage in the markets, and to rent space to the retail dealers in the same way that stalls are rented.

The State owns the railways which run from the coast to the market towns and the installation of refrigerated vans on the railways would appear to be a natural development of a State enterprise, as it is in other countries with State Railways.

This disposes of the problem as far as the Colony and the West Coast States are concerned but the problem on the East coast is quite different.

The development of the States on the East coast has been retarded because they possess no natural ports and harbours which can be entered during the North East monsoon.

Though the deep sea can be fished all through the N. E. Monsoon and steamers run regularly up the East coast to Bangkok and Saigon, no fishing is done because the fishermen live on the mainland. A heavy sea breaks on the shallows and sandbanks which extend from the coast, and dangerous rollers break on the bars which guard the entrance to the rivers.

Further out, in twenty fathoms or so, the seas are regular, and conditions for fishing far better in every way than they are in a strong wind in the English Channel or in the North Sea.


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 We know that the sea off the coast of Pahang, Trengganu and Kelantan swarms with fish all the year round, and all that is necessary is a scheme for supplying the Western States and the Colony, where fish is now very scarce.

The writer advocates State enterprise in the establishment of cold storage depots on the islands, where there is always safe anchorage and shelter in smooth water.

There is a chain of these islands all the way up the East coast. An island with a cold storage depot will become a permanent fishing settlement. Rent would be paid by the fishermen for space in cold storage, to be collected when the fish is sold. So far State enterprise is advocated.

It would pay steamers, running from Bangkok, Saigon and China to Singapore, Port Swettenham and Penang, to call at these islands for fish, and those steamers not now fitted with refrigerating plant would instal [sic] it.

Schemes for ameliorating the lot of the fishermen by granting loans, etc., have not succeeded because no scheme protected the fishermen from the middlemen, but the depots which will be the Penny-banks of the fishermen, always ready to receive deposits, however small, until required, will render the fishermen independent of the middlemen.

For example, there would be nothing to prevent a group of Malay fishermen from consigning regular shipments of fish direct to a Malay retailer in the market.

Shipments would be so frequent that loans should be unnecessary, but allowing that loans were asked for, to start Malays working on a co-operative basis, as indicated above, there would be no risk in advancing money on the security of the stock of fish.

With State organised depots and State transport there would be a fair field for steam trawlers and steam drifters owned by Companies or individuals. The depots would receive the fish and save the trawlers a journey to port with every catch, and here again the middleman would be eliminated.

This work deals, very inadequately, with fishes only. Much could be written and will, no doubt, be written later about our Crabs, Prawns, Crayfish, Pearl oysters, Edible oysters, Scallops, Cockles, Corals and Sponges, but considerations of space prevent more than the briefest mention.

The writer has seen Pearl shell taken close to Singapore and has handled a pearl valued at £800 taken off the Kelantan coast.

Rock oysters grow well here, but as they take about three years to mature, and no native can resist taking them while still small, they are practically unknown in the markets.

Leases could be granted and oysters cultivated. Sponges too, can be cultivated. Commercial sponges can be grown from


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, like flowers, and are so grown in the Philippines, and there are yet other marine growths which can be cultivated in the gardens of the sea.

Few countries have the potential fishery advantages that we possess and have neglected hitherto.

Our position between the Indian Ocean and the China Sea is unique and not only gives us access to an unlimited area for deep sea fishing, but also accounts for the large number of species of fish.

From Kuala Perlis on the West to Kuala Tabar on the East we have a thousand miles of coast line; more than some nations possess.

As to the vital importance of fish in the diet of all dwellers in this tropical country there is no question: as to the existence of an enormous area of potential fishing grounds there can be no dispute, and as to the large variety and good edible quality of our fish there is ample proof. Can we doubt therefore, with the experience of other countries to guide us, and while remembering that the economic stability of every country depends on the price of the peoples' food, that our fisheries are capable of enormous expansion and can we doubt that an enlightened policy of exploitation and regulation combined with constant scientific investigation will render the Fisheries one of the great economic assets of Malaya?


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 Malayan Fishes.

PART I.

GIANT HERRINGS.

(ELOPSIDAE.)

This family contains but few species; the individuals however, abound in the tropical seas and are of great importance both as food and game fishes.

The Bandang or Měnangin (Elops hawaiiensis) is known to Americans in the Philippines & Hawaii as the Ten-pounder. It reaches a length of about 4 feet and is an edible fish of considerable value.

The Bulan-bulan (Megalops cyprinoides) is the Indo-Pacific Tarpon and is very closely related to the well known sporting fish of America. It is known in Australia as the Ox-Eye or Big Eyed Herring.

It has a very wide range extending from India to Australia and from East Africa to the Sandwich Islands. It is known to penetrate the rivers right up into fresh water and has been successfully cultivated in brackish or even fresh water.

From an edible standpoint it ranks very high. Its flesh is firm, well flavoured and possessed of good keeping qualities. It attains a length of 5 feet and when our fisheries are better known it may, as Stead has remarked, "turn out to be as great a sporting fish as the Tarpon."

THE FEATHER BACKS.

(NOTOPTERIDAE.)

The Bělida (Notopterus notopterus) is a fairly common fresh water fish which attains a length of well over three feet. The belly is said to be extremely rich and well flavoured but the back contains numerous small bones.

THE MILK FISH.

(CHANIDAE.)

The Bandang or Jangas (Chanos chanos) is the well known Milk-fish or White Millet and is known as the Salmon-Herring in Australia. It is a sea and estuary fish and feeds on "sea moss", an alga (Oedogonium).


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S representing that general quality of moral experience which remains almost unaffected by social modifications of any sort, the proverbial sayings of a people must always possess a special psychological interest for thinkers. In this kind of folklore the oral and the written literature of Japan is rich to a degree that would require a large book to exemplify. To the subject as a whole no justice could be done within the limits of a single essay. But for certain classes of proverbs and proverbial phrases something can be done within even a few pages; and sayings related to Buddhism, either by allusion or derivation, form a class which seems to me particularly worthy of study. Accordingly, with the help of a Japanese friend, I have selected and translated the following series of examples,—choosing the more simple and


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 SUCKING FISHES.

(ECHINEIDIDAE.)

These fishes, generally known as Remora, attach themselves by means of a remarkable adhesive dise on the upper surface of the head to boats and ships, or to whales, sharks and turtles and in this way manage to do a good deal of travelling with the minimum amount of effort. As they are not strong swimmers they obtain a much larger supply of food by riding about in this way than otherwise would be possible.

The natives of Cuba, Zanzibar and the Torres Straits use these fish for catching turtles; the fish being held by a metal ring round the base of the tail to which a line is attached. "When one of these fish, a foot in length, has its wet sucker applied to a table, and is allowed time to lay hold, it adheres so tightly that it is impossible to pull it off by a fair vertical strain" (Lydekker).

The Gĕmi (Echineis naucrates) is very common in these seas. It takes a bait readily, is edible, and may, occasionally, be seen in the markets.

GOBLIN-FISHES.

(SCORPAENIDAE.)

Some members of this family are Perch-shaped and edible, growing to a large size (Sebastes, Scorpaena, etc.).

Nearly all are distinguished by a powerful armature, either of the head, or fin spines, or both, and in some the spines are provided with poison glands (Scorpaena, Pterois, Pelor and Synancia) and a sting from these spines is extremely painful.

Lěpu is the Malay synonym for all members of this family.

FLAT-HEADS.

(PLATYCEPHALIDAE.)

This family with a single genus, Platycephalus, and some 40 species, inhabits the coasts of the Indian Ocean and the Western Pacific.

The Malay generic term is Baji-baji, so called from the wedge shaped head, and so far some four species have been identified in Malayan seas.

They live on the bottom, hidden in the sand as a rule, and as they depend on their protective colouring and spines to save them from possible enemies, they do not swim to any distance when disturbed but dart away for an instant and then lie motionless half buried in the sand.

This peculiarity renders them particularly liable to be taken by trawls and a large proportion of the catches made by the New South Wales trawlers is composed of these fish.

They are good edible fish and common in the markets.


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Rh equally. So an employer who fires a woman, Hannah, because she is insufficiently feminine and also fires a man, Bob, for being insufficiently masculine may treat men and women as groups more or less equally. But in both cases the employer fires an individual in part because of sex. Instead of avoiding Title VII exposure, this employer doubles it.

From the ordinary public meaning of the statute’s language at the time of the law’s adoption, a straightforward rule emerges: An employer violates Title VII when it intentionally fires an individual employee based in part on sex. It doesn’t matter if other factors besides the plaintiff’s sex contributed to the decision. And it doesn’t matter if the employer treated women as a group the same when compared to men as a group. If the employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee—put differently, if changing the employee’s sex would have yielded a different choice by the employer—a statutory violation has occurred. Title VII’s message is “simple but momentous”: An individual employee’s sex is “not relevant to the selection, evaluation, or compensation of employees.” Price Waterhouse v. Hopkins, 490 U. S. 228, 239 (1989) (plurality opinion).

The statute’s message for our cases is equally simple and momentous: An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex. Consider, for example, an employer with two employees, both of whom are attracted to men. The two individuals are, to the employer’s mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the


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 familiar where choice was possible, and placing the originals in alphabetical order to facilitate reference. Of course the selection is imperfectly representative; but it will serve to illustrate certain effects of Buddhist teaching upon popular thought and speech.

1.—Akuji mi ni tomaru.

All evil done clings to the body.

2.—Atama soru yori kokoro wo soré.

Better to shave the heart than to shave the head.

3.—Au wa wakaré no hajimé.

Meeting is only the beginning of separation.


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 4.—Banji wa yumé.

All things are merely dreams.

5.—Bonbu mo satoréba hotoké nari.

Even a common man by obtaining knowledge becomes a Buddha.

6.—Bonnō kunō.

All lust is grief.

7.—Buppō to wara-ya no amé, dété kiké.

One must go outside to hear Buddhist doctrine or the sound of rain on a straw roof.

8.—Busshō en yori okoru.

Out of karma-relation even the divine nature itself grows.


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 A Naning Recital.

When stationed at Alor Gajah in 1908, I heard an old Malay, named Ungkai Lisut, recite at a wedding-feast a pleasant speech of Menangkabau eustomary sayings. He afterwards repeated the recital for ny benefit (it was printed, with a translation, in Number 72 of this Journal), and some time later gave me the tattered manuscript of a longer and 'deeper' speech—the text now published. The restoration of the manuscript has been a difficult task: Ungkai Lisut's memory of the sayings proved, in fact, more accurate than his document; and the present version contains several passages that came back to his mind (after a special discipline of prayer and fasting) during a visit he paid me at Singapore in the year 1914.

An explanation of all the references in the recital would fill a small volume, but a few words will make it intelligible.

Naning, now included in the Settlement of Malacca, was formerly one of the Nine States—the original Negri Sembilan—founded by Sumatran immigrants, who crossed the Straits of Malacca in the fifteenth and sixteenth centuries, and brought with them the Menangkabau Custom (Adat Menangkabau) of exogamous tribes, descent of property through females, and mild criminal procedure of compromise and reparation. Naning came under Portuguese influence, and afterwards (by treaty made in 1643) paid nominal tribute to the Dutch conquerors of Malacca; but remained in effect an autonomous and semi-democratic State, with a constitution of Chief (the Dato' Nauring), Heads of Tribes, and Elders of Clans,

After the East India Company had replaced the Dutch, attempts to levy a full tribute led to the Naning War of 1831-1832: Dol Said, the Dato' Naming, made a stubborn resistance to the Indian troops, but finally succumbed; the tribal constitution was abolished (even the use of 'the terms Dattoo and Sookoo ' was forbidden); and Naning became a Malacca 'District', divided into Mukims under territorial Penghulus.

In spite of political annihilation and the steady pressure of Colonial Courts and Law, the tribal Custom still survives with remarkable vitality in all matters affecting property, marriage and inheritance. The survival is due partly to the neighbourhood of Rembau, where the fuller Adat still survives; but it must also be


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 9.—Enkō ga tsuki wo toran to suru ga gotoshi.

Like monkeys trying to snatch the moon’s reflection on water.

10.—En naki shujō wa doshi gatashi.

To save folk having no karma-relation would be difficult indeed!

11.—Fujō seppō suru hōshi wa, hirataké ni umaru.

The priest who preaches foul doctrine shall be reborn as a fungus.


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 A Naning Wedding-Speech.

Straits Settlements Civil Service.

I first heard this speech in the year 1908, at a wedding in Naning. It was recited by a Malay, Ungkai Lisut, local headman of the Mungkar tribe at Kelemak, Alor Gajah. The bridegroom was one of his clansmen. After the usual fencing, fireworks, and show of resistance below the house, in which, I remember, some Hailam kulis gave an amusing display of Chinese boxing, Ungkai Lisut, with several of his tribesmen, led the bridegroom up the steps on to the verandah of the bride's house. The headman of her clan was scated at the far end with the party of the bride, and to him Ungkai Lisut addressed this recital, pausing after each period and raising his hands together in salute with each repetition of the words "Sembah, Dato ' !"

The ritual was conducted with considerable solemnity, and was followed with close attention: doubtless portions of it had a semi-religious significance in pre-Muhammadan days. On its conclusion the usual wedding ceremonies were continued.

I asked Ungkai Lisut some time afterwards to repeat the speech, and took it down in writing: he had no record of it but his own memory. In the year 1914, meeting him in Singapore, I again asked him to recite it: he did so without hesitation, and with hardly the alteration of a word.

This set speech is an interesting exposition of the domestic Menangkabau custom still surviving in Naning. A very complete discussion of the fuller exogamic custom of Negri Sembilan is given in Rembau, Parr and Mackray, volume 56 of the Journal.

The homely precepts of the recitation recall more than one passage in the Second Georgie: among the Naning, as among the Virgilian, peasantry are still found

...patiens operum exiguoque assueta juventus, Sacra đemm sanctique putres.

I am indebted to Mr. W. H. Mackray, of the F. M. S. Civil Service, who has kindly read through this paper, for several valuable suggestions, which I have adopted.

The following is a short summary of the recital :—

Our lives are guided by religious law, and by ancient Menangkabau custom. (Lines 1-47.)

I tell of the customs that govern our marriages and the upbringing and wedding of our children. (Lines 48-94.)

Lastly, I tell of the making of this marriage, to fulfil which I am now come. (Lines 95-131.)

A few notes have been added to elucidate obscure passages.


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 12.—Gaki mo ninzu.

Even gaki (prêtas) can make a crowd.

13.—Gaki no mé ni midzu miézu.

To the eyes of gaki water is viewless.

14.—Goshō wa daiji.

The future life is the all-important thing.

15.—Gun-mō no tai-zō wo saguru ga gotoshi.

Like a lot of blind men feeling a great elephant.


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Ada-lah pebilangan adat, Hujan berpohon. Kata berpangkal; Sakit bermula, Mati bersebab: Mengaji ka-pada alif. Membilang ka-pada esa; Pebilangan pada nang tua-tua, Perkhabaran pada nang kechil-kechil.

Maka ada-lah pebilangan, Sa-pertama kala Allah, Ka-dua kala Nabi, Ka-tiga kala tua, Ka-empat resam negeri: Hidup berperuntongan, Mati berhukum Allah.

Nama mana kala Allah? Rezeki di-makan. Pertemuan di-nikahi. Tanah terbaris di kuburi.

Nama mana kala Nabi? Berhadis berdalil, Berlepar bermaana.

Nama mana kala tua? Berlukis berlembaga, Berturas berteladau: Nang di-neha di-pakai, Nang di-pesar di-biasakan, Turin-menurun dari-pada nenek moyang: Di-anjak layu. Di-chabut mati.

Nama mana resam negeri? Shariat palu-memalu, Berbudi orang berbahasa kita: Dunia berganti-ganti, Sa-kali di orang sa-kali di kita. Sembah, Dato'!

Maka lepas dari-pada itu ada pehilangan pula; Sa-lilit Pulau Percha,


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 16.—Gwai-men nyo-Bosatsu; nai shin nyo-Yasha.

In outward aspect a Bodhisattva; at innermost heart a demon.

17.—Hana wa né ni kaeru.

The flower goes back to its root.

18.—Hibiki no koë ni ozuru ga gotoshi.

Even as the echo answers to the voice.

19.—Hito wo tasukéru ga shukké no yuku.

The task of the priest is to save mankind.


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The saying of the custom runs, Rain from a rain-cloud. Speech from a prelude; Sickness from a beginning, Death from a cause: Spell from letter A.     Count from figure 1. The old men know tradition, The young men hear report.

And there is a saying runs, First, the law of God. Second, the law of the Prophet, Third, the law of tradition. Fourth, the custom of the land: Living we work our fate. Dead we abide the doom of God.

What is the law of God? To ear the daily bread. To wed the destined mate. To lie below the heaped-up sod.

What is the law of the Prophet? The sayings, the commentary, The text, the interpretation.

What is the law of tradition? The pattern becomes the mould; The example becomes the type; Precept passing into usage, Practice passing into custom, The custom handed down by our fore-fathers from generation to generation: Transplanted it withers, Uprooted dies.

What is the custom of the land? Duty gives and receives again, Courtesy repays kindness: The hap of this life goes by turns, Awhile to him, anon to me. Homage, O Chief!

And after that there is another saying; Round the circle of the isle of Sumatra,