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Press-Enterprise Company v. Superior Court of California for the County of Riverside/Dissent Stevens

[p15] JUSTICE STEVENS, with whom JUSTICE REHNQUIST joins as to Part II, dissenting.

The constitutional question presented by this case is whether members of the public have a First Amendment right to insist upon access to the transcript of a preliminary hearing during the period before the public trial, even though the accused, the prosecutor, and the trial judge have all agreed to the sealing of the transcript in order to assure a fair trial.

The preliminary hearing transcript to which petitioner sought access to consists of 4,239 pages of testimony by prosecution witnesses heard over eight weeks. The testimony, contained in 47 volumes, accuses Mr. Robert Diaz, a nurse, of murdering 12 patients in the hospital in which he worked by injecting them with lethal doses of a heart drug. The transcript reveals that the defense put on no witnesses of its own.

Immediately after the Magistrate ordered the defendant bound over for trial, defense counsel moved that the transcript of the preliminary hearing be sealed to protect his [p16] client's right to a fair trial. The transcript, in the words of the Magistrate, revealed "only one side of the story. App. 28a. The transcript also contained the Magistrate's characterization of Mr. Diaz as "the most dangerous type of individual there is." Id., at 27a. The prosecutor did not oppose this motion, and the Magistrate, after hearing petitioner's objection, ordered the transcript sealed.

The Superior Court trial judge denied a motion to unseal the transcript. He found—and the finding is amply supported by the record—that "there is a reasonable likelihood that making all or any part of the transcripts public might prejudice the defendant's right to a fair and impartial trial." Id., at 61a. Accord, id., at 62a. The Magistrate had earlier rejected less restrictive alternatives to sealing the transcript, concluding that "the only way to protect" the defendant's "[fair trial] right would be to seal the transcript." Id., at 37a.

The Court of Appeal agreed with the trial judge and denied the peremptory writ of mandate sought by petitioner. It rejected petitioner's assertion that "the superior court failed to state any reasons or make a specific finding to support the sealing order." App. to Pet. for Cert. E-11. Instead, it confirmed the trial judge's determinations that "the transcript is indicative of only the prosecutorial side of the case," id., at E-14; that the public's right of access was overborne by "the reasonable likelihood of substantial prejudice" to "the defendant's right to a fair trial," id., at E-9; and that "[a]lternatives to sealing the transcript would not suffice in this [p17] case," id., at E-14. The California Supreme Court similarly denied petitioner's request for a peremptory writ of mandate, affirming that a preliminary hearing transcript can be sealed upon a showing of a "reasonable likelihood of substantial prejudice which would impinge upon the right to a fair trial." 37 Cal. 3d 772, 781, 691 P.2d 1026, 1032 (1984).

In view of the above, the trial judge had an obvious and legitimate reason for refusing to make the transcript public any sooner than he did. His decision plainly did not violate the defendant's right to a public trial under the Sixth Amendment, for it was the defendant who objected to release of the transcript. See Gannett Co. v. DePasquale, 443 U.S. 368, 383-384 (1979). In my opinion, the judge's decision did not violate the First Amendment either.

I
Although it is perhaps obvious, it bears emphasis that the First Amendment right asserted by petitioner is not a right to publish or otherwise communicate information lawfully or unlawfully acquired. That right, which lies at the core of the First Amendment and which erased the legacy of restraints on publication against which the drafters of that Amendment rebelled, see Grosjean v. American Press Co., 297 U.S. 233, 245-250 (1936), may be overcome only by a governmental objective of the highest order attainable in a no less intrusive way. See e.g., Smith v. Daily Mail Publishing Co., 443 U.S. 97, 101-106 (1979); Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 837-845 (1978); Oklahoma Publishing Co. v. District Court, 430 U.S. 308, 310-312 (1977) (per curiam); Nebraska Press Assn. v. Stuart, 427 U.S. 539, 556-570 (1976); Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 487-497 (1975). The First Amendment right [p18] asserted by petitioner in this case, in contrast, is not the right to publicize information in its possession, but the right to acquire access thereto.

I have long believed that a proper construction of the First Amendment embraces a right of access to information about the conduct of public affairs.

"As Madison wrote:

"'A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.' 9 Writings of James Madison 103 (G. Hunt ed. 1910).

"It is not sufficient, therefore, that the channels of communication be free of governmental restraints. Without some protection for the acquisition of information about the operation of public institutions such as prisons by the public at large, the process of self-governance contemplated by the Framers would be stripped of its substance.

"For that reason information gathering is entitled to some measure of constitutional protection." Houchins v. KQED, Inc., 438 U.S. 1, 31-32 (1978) (STEVENS, J., dissenting).

[p19] Neither our elected nor our appointed representatives may abridge the free flow of information simply to protect their own activities from public scrutiny. An official policy of secrecy must be supported by some legitimate justification that serves the interest of the public office. Thus, in Pell v. Procunier, 417 U.S. 817 (1974) and Saxbe v. Washington Post Co., 417 U.S. 843 (1974), we confirmed that the warden's regulation of prearranged inmate press interviews had a legitimate disciplinary and penological basis and was "not part of an attempt by the State to conceal the conditions in its prisons or to frustrate the press' investigation and reporting of those conditions." Pell v. Procunier, 417 U.S., at 830. Accord, Saxbe v. Washington Post Co., 417 U.S., at 848. Likewise, in Gannett Co. v. DePasquale, 443 U.S. 368 (1979), we held that any First Amendment access right "was given all appropriate deference by the state nisi prius court," id., at 392, which had entered a "finding on the record that an open suppression hearing would pose a 'reasonable probability of prejudice to these defendants,'" id., at 376. Conversely, in Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980), a violation of the First Amendment was established by the "total absence of any record justification for the closure order," id., at 584 (STEVENS, J., concurring). Accord, id., at 580-581 (opinion of BURGER, C.J.). The same constitutional infirmity afflicted the order excluding the public from attending the testimony of minor victims in a sex-offense trial in Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 608-609 (1982) ("the record indicates that the victims may have been willing to testify despite the presence of the press" (footnote omitted)), and the order closing the voir dire proceedings and sealing the transcript in Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 510-511 (1984) ("prolonged closure was unsupported by findings"); id., at 513 ("trial judge provided no explanation" for his [p20] "broad order"; id., at 515 (BLACKMUN, J. concurring). Cf. Waller v. Georgia, 467 U.S. 39, 48, n. 7, n. 8, (1984).

But it has always been apparent that the freedom to obtain information that the government has a legitimate interest in not disclosing, see Globe Newspaper Co. v. Superior Court, 457 U.S., at 621 (STEVENS, J., dissenting), is far narrower than the freedom to disseminate information, which is "virtually absolute" in most contexts, Richmond Newspapers, Inc. v. Virginia, 448 U.S., at 582 (STEVENS, J. concurring). In this case, the risk of prejudice to the defendant's right to a fair trial is perfectly obvious. For me, that risk is far more significant than the countervailing interest in publishing the transcript of the preliminary hearing sooner rather than later. Cf. Gannett Co. v. DePasquale, 443 U.S., at 393 (upholding closure of suppression hearing in part because "any denial of access in this case was not absolute but only temporary"). The interest in prompt publication—in my view—is no greater than the interest in prompt publication of grand jury transcripts. As explained more fully below, we have always recognized the legitimacy of the governmental interest in the secrecy of grand jury proceedings, and I am unpersuaded that the difference between such proceedings and the rather elaborate procedure for determining probable cause that California has adopted strengthens the First Amendment claim to access asserted in this case.

II
[p21] The Court nevertheless reaches the opposite conclusion by applying the "two complementary considerations," ante, at 8, of "experience and logic," ante, at 9. In my view, neither the Court's reasoning nor the result it reaches is supported by our precedents.

The historical evidence proffered in this case is far less probative than the evidence adduced in prior cases granting public access to criminal proceedings. In those cases, a common-law tradition of openness at the time the First Amendment was ratified suggested an intention and expectation on the part of the Framers and ratifiers that those proceedings would remain presumptively open. Thus, in Richmond Newspapers, Inc v. Virginia, 448 U.S., at 564, THE CHIEF JUSTICE explained that "[w]hat is significant for present purposes is that throughout its evolution, the trial has been open to all who cared to observe." "[T]he historical evidence demonstrates conclusively that at the time when our organic laws were adopted, criminal trials both here and in England had long been presumptively open." Id., at 569 (emphasis added). History was relevant because it demonstrated that "[t]he Bill of Rights was enacted against the backdrop of the long history of trials being presumptively open. Public access to trials was then regarded as an important aspect of the process itself." Id., at 575. The opinion for the Court in Globe Newspaper Co. v. Superior Court, 457 U.S., at 605, which also concerned the presumptive openness of a criminal trial, relied expressly on the opinion of THE CHIEF JUSTICE in Richmond Newspapers for the point that criminal trials were open "at the time when our organic laws were adopted." 448 U.S., at 569. Later, in Press-Enterprise Co. v. Superior Court, the Court quoted the identical passage from Richmond Newspapers, see 464 U.S., at 505, and concluded that "[p]ublic jury selection thus was the common practice in America when the Constitution was [p22] adopted," id., at 508. To dispel any doubt regarding the significance of this evidence, we explained that "the question we address—whether the voir dire process must be open—focuses on First ... Amendment values ''and the historical backdrop against which the First Amendment was enacted." Id.'', at 509, n. 8 (emphasis added). Thus, in our prior cases history mattered primarily for what it revealed about the intentions of the Framers and ratifiers of the First Amendment.

In this case, however, it is uncontroverted that a common-law right of access did not inhere in preliminary proceedings at the time the First Amendment was adopted, and that the Framers and ratifiers of that provision could not have intended such proceedings to remain open. As Justice Stewart wrote for the Court in Gannett Co. v. DePasquale: "[T]here exists no persuasive evidence that at common law members of the public had any right to attend pretrial proceedings; indeed, there is substantial evidence to the contrary. By the time of the adoption of the Constitution,... pretrial proceedings, precisely because of the... concern for a fair trial, were never characterized by the same degree of openness as were actual trials.

"Under English common law, the public had no right to attend pretrial proceedings. E.g., E. Jenks, The Book of English law 75 (6th ed. 1967) ('It must, of course, be remembered, that the principle of publicity only applies to the actual trial of a case, not necessarily to the preliminary or prefatory stages of the proceedings...'); F. Maitland, Justice and Police 129 (1885) (The 'preliminary examination of accused persons had gradually assumed a very judicial form... The place in which it is held is indeed no "open court," the public can be excluded if the magistrate thinks that the ends of justice will thus be best answered...'). See also Indictable Offenses Act, 11 & 12 Vict., ch. 42, § 19 (1848) [p23] (providing that pretrial proceedings should not be deemed an open court and that the public could therefore be excluded); Magistrates' Courts Act, 15 & 16 Geo. 6 & 1 Eliz. 2, ch. 55, § 4(2) (1952) (same)." 443 U.S., at 387-389 (footnotes omitted).

Justice Stewart included in his discussion the following quotation from Lord Ellenborough; the Law Lord explains, in reasons as relevant today as they were when the Bill of Rights was adopted, the historical basis for the closure of preliminary proceedings: "'If any thing is more important than another in the administration of justice, it is that jurymen should come to the trial of those persons on whose guilt or innocence they are decide, with minds pure and unprejudiced. ... Trials at law fairly reported, although they may occasionally prove injurious to individuals, have been held to be privileged. Let them continue so privileged. ... But these preliminary examinations have no such privilege. Their only tendency is to prejudge those whom the law still presumes to be innocent, and to poison the sources of justice.' King v. Fisher, 2 Camp. 563, 570-571, 170 Eng. Rep. 1253, 1255 (N.P. 1811)."

In the final analysis, the Court's lengthy historical disquisition demonstrates only that in many States preliminary proceedings are generally open to the public. See ante, at 10-11, n. 3. In other states, numbering California and Michigan among them, see In re Midland Publishing Co., [p24] 420 Mich. 148, 162, 172-174, 362 N.W.2d 580, 588, 593-594 (1984), such proceedings have been closed. To paraphrase the Court's analysis in McMillan v. Pennsylvania, 477 U.S. 79, 90 (1986) (footnote omitted), "the fact that the States" have adopted different rules regarding the openness of preliminary proceedings "is merely a reflection of our federal system, which demands '[t]olerance for a spectrum of state procedures dealing with a common problem of law enforcement,' Spencer v. Texas, 385 U.S. 554, 566 (1967). That [California's] particular approach has been adopted in few other States does not render [its] choice unconstitutional." [p25] As Justice Stewart admonished: we must not "confus[e] the existence of a constitutional right with the common-law tradition of open... proceedings." Gannett Co. v. DePasquale, 443 U.S., at 389, n. 19. The recent common-law developments reported by the Court are relevant, if at all, only insofar as they suggest that preliminary proceedings merit the "beneficial effects of public scrutiny." Cox Broadcasting Corp. v. Cohn, 420 U.S., at 492. The Court's historical crutch cannot carry the weight of opening a preliminary proceeding that the State has ordered closed; that determination must stand or fall on whether it satisfied the second component of the Court's test.

If the Court's historical evidence proves too little, the "'value of openness'", ante, at 13 (quoting Press-Enterprise Co. v. Superior Court, 464 U.S., at 508), on which it relies proves too much, for this measure would open to public scrutiny far more than preliminary hearings "as they are conducted in California" (a comforting phrase invoked by the Court in one form or another more than eight times in its opinion). In brief, the Court's rationale for opening the "California preliminary hearing" is that it "is often the final and most important step in the criminal proceeding"; that it provides "'the sole occasion for public observation of the criminal justice system'"; that it lacks the protective [p26] presence of a jury; and that closure denies an outlet for community catharsis. Ante, at 12, 13 (quotation omitted). The obvious defect in the Court's approach is that its reasoning applies to the traditionally secret grand jury with as much force as it applies to California preliminary hearings. A grand jury indictment is just as likely to be the "final step" in a criminal proceeding and the "sole occasion" for public scrutiny as is a preliminary hearing. Moreover, many critics of the grand jury maintain that the grand jury protects the accused less well than does a legally knowledgeable judge who personally presides over a preliminary hearing. See Hawkins v. Superior Court, 22 Cal. 2d 584, 590, 586 P. 2d 916, 919-920 (1978) (holding deprivation of preliminary hearing to constitute a denial of equal protection under State Constitution in part because "'the grand jury is the total captive of the prosecutor who, if he is candid, will concede that he can indict anybody, at any time, for almost anything, before any grand jury'" (quoting Campbell, Eliminate the Grand Jury, 64 J. Crim. L. & C. 1974 (1973))). Finally, closure of grand juries denies an outlet for community rage. When the Court's explanatory veneer is stripped away, what emerges is the reality that the California preliminary hearing is functionally identical to the traditional grand jury. As THE CHIEF JUSTICE emphasized by his quotation of Cox v. Coleridge, 1 B. & C. 37, 49-50, 107 Eng. Rep. 15, 19-20 (1822), in his concurring opinion in Gannett Co. v. DePasquale 443 U.S., at 395, n. (emphasis added): "It [the proceeding] is only a preliminary inquiry, whether there be sufficient ground to commit the prisoner for trial. The proceeding before the grand jury is precisely of the same nature, and it would be difficult, if the right exists in the present case, to deny it in that. This being only a preliminary inquiry, and not a trial, makes, in my mind, all the difference."

The Court's reasoning—if carried to its logical outcome—thus contravenes the "long-established policy that maintains [p27] the secrecy of the grand jury proceedings in the federal courts" and in the courts of 19 States. United States v. Procter & Gamble Co., 356 U.S. 677, 681 (1958). "Despite the fact that news gathering may be hampered, the press is regularly excluded from grand jury proceedings." Branzburg v. Hayes, 408 U.S. 665, 684-685 (1972). This Court has previously described grand jury secrecy as "indispensable," United States v. Johnson, 319 U.S. 503, 513 (1943), and has remarked that "'the proper functioning of our grand jury system depends upon the secrecy of grand jury proceedings,'" United States v. Sells Engineering, Inc., 463 U.S. 418, 424 (1983) (quoting Douglas Oil Co. v. Petrol Stops Northwest, 441 U.S. 211, 218 (1979)).

In fact, the logic of the Court's access right extends even beyond the confines of the criminal justice system to encompass proceedings held on the civil side of the docket as well. As Justice Stewart explained: "If the existence of a common-law rule were the test for whether there is a Sixth Amendment public right to a public trial, therefore, there would be such a right in civil as well as criminal cases. ... In short, there is no principled basis upon which a public right of access to [p28] judicial proceedings can be limited to criminal cases if the scope of the right is defined by the common law rather than the text and structure of the Constitution.

"Indeed, many of the advantages of public criminal trials are equally applicable in the civil trial context. ... Thus, in some civil cases the public interest in access, and the salutary effect of publicity, may be as strong as, or stronger than, in most criminal cases." Gannett Co. v. DePasquale, 443 U.S., at 386-387, n. 15. Cf. Seattle Times Co. v. Rhinehart, 467 U.S. 20, 29-37 (1984) (newspaper not allowed to publish information to which it was privy as a litigant in a civil action). Despite the Court's valiant attempt to limit the logic of its holding, the radio decidendi of today's decision knows no bounds.

By abjuring strict reliance on history and emphasizing the broad value of openness, the Court tacitly recognizes the importance of public access to government proceedings generally. Regrettably, the Court has taken seriously the stated requirement that the sealing of a transcript be justified by a "compelling" or "overriding" governmental interest and that the closure order be "'narrowly tailored to serve that interest'" Ante, at 9 (quoting Press-Enterprise Co. v. Superior Court, 464 U.S., at 501); Press-Enterprise Co. v. Superior Court, 464 U.S., at 510 (quoting Globe Newspaper Co. v. Superior Court, 457 U.S., at 607). See ante, at 13-14. This standard—as well as the two-part test of history and logic that formed the basis for the decision today—originated as two "helpful principles" in JUSTICE BRENNAN's eloquent concurrence in Richmond Newspapers, Inc. v. Virginia, 448 U.S., at 589. That concurrence recognized that "'[t]here are few restrictions on action which could not be clothed by ingenious argument in the garb of decreased data flow,'" id., at 588 (quoting Zemel v. Rusk, 381 U.S. 1, 16-17 (1965)), and—in contrast with the decision today—stressed that "[a]n assertion of the prerogative to gather information must accordingly be assayed by considering the information sought [p29] and the opposing interests invaded," 448 U.S., at 588 (footnote omitted)—a determination "as much as a matter of sensitivity to practical necessities as ... of abstract reasoning," ibid. The cases denying access have done so on a far lesser showing than that required by a compelling governmental interest/least restrictive means analysis, see supra, at 19-20, and cases granting access have recognized as legitimate grounds for closure interests that fall far short of those traditionally thought to be "compelling," see Press-Enterprise Co. v. Superior Court, 464 U.S., at 511-512 (privacy interest of venirepersons sufficient reason to close presumptively open voir dire proceeding); see also Richmond Newspapers, Inc. v. Virginia, 448 U.S., at 600 (Stewart, J., concurring in judgment).

The presence of a legitimate reason for closure in this case requires an affirmance. The constitutionally grounded fair trial interests of the accused if he is bound over for trial, and the reputational interests of the accused if he is not, provide a substantial reason for delaying access to the transcript for at least the short time before trial. By taking its own verbal formulation seriously, the Court reverses—without comment or explanation or any attempt at reconciliation—the holding in Gannett that a "reasonable probability of prejudice" is enough to overcome the First Amendment right of access to a preliminary proceeding. It is unfortunate that the Court neglects this opportunity to fit the result in this case into the body of precedent dealing with access rights generally. I fear that today's decision will simply further unsettle the law in this area.

I respectfully dissent.


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 often concentrating their lustre and interest in a few passages. Such as the book is, the author now leaves it in the hands of the reader; in the hope that the lessons of industry, perseverance, and self-culture, which it contains, will be found useful and instructive, as well as generally interesting.


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helps those who help themselves." is a well-tried maxim, embodying in a small compass the results of vast human experience. The spirit of self-help is the root of all genuine growth in the individual; and, exhibited in the lives of many, it constitutes the true source of national vigour and strength. Help from without is often enfeebling in its effects, but help from within invariably invigorates. Whatever is done for men or classes, to a certain extent takes away the stimulus and necessity of doing for themselves; and where men are subjected to over-guidance and over-government, the inevitable tendency is to render them comparatively helpless.

Even the best institutions can give a man no 1


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Rh

the northernmost land they had seen, to Point Hicks, the southern boundary of captain Cook's discoveries in the Endeavour; it is still undetermined, whether a strait or passage does not exist between the main of New Holland and Diemen's Land, though the appearance of quadrupeds upon the latter, rather seems to favour the idea of their being connected together. Be this as it may, there is perhaps no part of the world which so well deserves future investigation as the great continent of New Holland, of which we do not yet know the whole outline, and of whose productions we are in a manner entirely ignorant. Its inhabitants, from the accounts of all the voyagers who have visited them, are but few in number, probably dwell on the sea-coasts only, go perfectly naked, and seem by all description to lead a more savage life than any nation in warm climates. There is consequently a vast interior space of ground, equal to the continent of Europe, and in great measure situated between the tropics, entirely unknown, and perhaps uninhabited: nothing is more certain, from the vast variety of animal and vegetable productions, collected on its sea-coasts in captain Cook's voyage in the Endeavour, than that the inner countries contain immense treasures of natural knowledge, which must of course become of infinite use to the civilized nation, which shall first attempt to go in search of them. The south-west corner


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 I entirely believe that he was unconscious of my presence, so concentrated was he on his work as I followed him from spot to spot with an interest and excitement that no form of big-game shooting has ever given me. Now, man was the quarry, and, as it seemed, a man more dangerous than any beast. But I was destined to disappointment, for, as far as I could see, Joe discovered neither clue nor anything unusual.

To begin with, he took up and sifted through the layers of balsam boughs which had composed the beds, but apparently made no find. From them he turned quickly to kneel down by the ashy remains of the fire, and to examine the charred logs one by one. After that he followed a well-marked trail that led away from the lake to a small marsh in the farther part of which masts of dead timber were standing in great profusion. Nearer at hand a number of stumps showed where the campers had chopped the wood for their fire.

After looking closely at these stumps, November went swiftly back to the camp and spent the next ten minutes in following the tracks which led in all directions. Then once more he

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 336 to return. The names of their lands were even branded upon their hands. Such measures aroused resentment, and so contributed to swell the ranks of the disaffected under Ibn al-Ashʿath. Under ʿOmar II. another plan had to be tried.

Al-Muhallab was still engaged in Persia with Khawārij of the Azraḳi sect. Driven out of Fars, they fell back on Kirmān, and for a year and a half eluded or defied the Caliph's forces. Their chronic rebellion might have lasted longer, had they not fallen out among themselves, and broken up into parties that were soon effectively dispersed. Thus the Azāriḳa, having kept Al-ʿIrāḳ and Persia more or less in turmoil for a period of twenty years, were at last put an end to. In recognition of his success, Al-Ḥajjāj received Al-Muhallab with great honour at Al-Baṣra, and invested him with the governments of Khorāsān and Sijistān, which had lately (78 }) come under his jurisdiction. From Merv, Al-Muhallab crossed the Oxus, and with his sons warred for two years against the Turkomans in that direction, who, notwithstanding previous campaigns waged with various success, were yet but partially brought under Muslim influence. He died 82, and was succeeded by his sons. His services to Islām in the long and obstinate struggle with the Khawārij were great; and the name he left behind was singularly fair and unsullied.

Al-Ḥajjāj was yet to be exposed to another danger: the great King beyond Sijistān, named Zunbīl, when attacked drew the Muslim forces into difficult passes of Afghanistan, from which they were allowed to retire only on the payment of a humiliating ransom. To avenge the affront, an army was raised, named "the peacock army," so splendidly was it equipped at the cost of a heavy war cess on AI-Baṣra and Al-Kūfa. The command was unwisely placed in the hands of the ambitious grandson of Al-Ashʿath, who marched against Zunbīl, 80, put him to flight, and ravaged his land. Mindful, however, of the recent misfortune, Ibn al Ashʿath (for so he is commonly called) would have held his hand for a time till the country settled down; but Al-Ḥajjāj, upbraiding him with faint-heartedness, peremptorily bade him to war on; and when expostulated with, threatened supersession. The army,


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 came back to the fire and methodically lifted off one charred stick after another. At the time I could not imagine why he did this, but, when I understood it, the reason was as simple and obvious as was that of his every action when once it was explained.

Before men leave a camp they seem instinctively to throw such trifles as they do not require or wish to carry on with them in the fire, which is generally expiring, for a first axiom of the true camper in the woods is never to leave his fire alight behind him, in case of a chance ember starting a forest conflagration.

In this case November had taken off nearly every bit of wood before I heard him utter a smothered exclamation as he held up a piece of stick.

I took it into my own hands and looked it over.

It was charred, but I saw that one end had been split and the other end sharpened.

"What in the world is it?" I asked, puzzled.

November smiled. "Just evidence," he answered.

I was glad he had at last found something to go upon, for, so far, the camp had appeared to

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 692–705] equally with their Commander, resented the action of the "Enemy" (as they called him) "of God and man"; and, declaring war against both him and his Master, swore allegiance to Ibn al-Ashʿath, who, making favourable terms with Zunbīl, forthwith marched on Al-ʿIrāḳ. The Caliph, in alarm, sent reinforcements, which Al-Ḥajjāj pushed on to the frontier. But Ibn al-Ashʿath beat them back at Tostar, and crossing the Tigris, advanced on Al-Baṣra. The rebel, entering the city, was received with open arms. Al-Ḥajjāj, determined not to be beaten, retired with a few people of Thaḳīf and Ḳoreish, until reinforcements of his Syrians under their Kelbite leader defeated their assailants, who thereupon fell back on Al-Kūfa, which had already thrown off its allegiance under a Temīmite captain. Al-Baṣra being now at his mercy, Al-Ḥajjāj took a signal revenge by treacherously slaying (so we are told) 11,000 of the inhabitants after promising them quarter. Meanwhile crowds of the discontented citizens streamed forth to Ibn al-Ashʿath, who was able once more to meet Al-Ḥajjāj, half-way between the two cities, with 100,000 men. The Caliph was now so alarmed that he offered terms to the rebels by the hand of his son and brother. Al-Ḥajjāj was to be superseded, the pensions of the ʿIrāḳites were to be made equal to those of the Syrians, and suitable provision made for Ibn al-Ashʿath. Al-Ḥajjāj remonstrated with the Caliph, reminding him of ʿOthmān's fate, but he was firm. Ibn al-Ashʿath was inclined to accept the offer; but his army rejected it with scorn, and prepared for battle. Several months were spent in skirmishing and single combats; and it was not till the middle of 82 that a


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 338 great battle was fought. The leader of the Ḳorʾān-Readers of the day, and mainstay of the rebels falling early in the fight, his followers fled in dismay, and the army, thus disheartened, was totally discomfited. Ibn al-Ashʿath retired hastily to Al-Baṣra, and was there joined by many followers, who, though an amnesty was proclaimed, covenanted to fight under him to the death. Pursued by Al-Ḥajjāj, he was again beaten in a heavy engagement on the Persian border, and thence effected his escape to Kirmān. Eventually he took refuge with Zunbīl, who a year or two afterwards sent his head to Al-Ḥajjāj. He is said to have died or committed suicide.

In his flight Ibn al-Ashʿath had been followed to the East by some 60,000 of his defeated troops, who, either hating Al-Ḥajjāj, or too deeply compromised in rebellion, refused the amnesty. These, failing to induce Ibn al-Ashʿath to leave his protector and again try the fortune of war, set out on their own behalf, and, under ʿAbd ar-Raḥmān ibn al-ʿAbbās al-Hāshimi, took possession of Herāt. Yezīd, son of Al-Muhallab, governor at Merv, ordered them to evacuate the place and move elsewhere; but, choosing rather to fight, they were by him defeated and dispersed. Many were taken prisoners, and those of note sent to Al-Ḥajjāj at Wāsiṭ, which was then a-building; and he, both now and after the recent engagements in Al-ʿIrāḳ, shed the blood of his captives with unsparing hand and heartless cruelty. He was on this occasion vexed with Yezīd for having pardoned some leading men, because, as he suspected, they were of his own Yemeni blood, while Al-Ḥajjāj himself was of Ḳeis; and this is assigned as the reason for his shortly after superseding Yezīd and his brothers by the famous Ḳoteiba.

The rebellion of Ibn al-Ashʿath was a revolt of the Arabs of Al-ʿIrāḳ against their Syrian masters, an aftermath of the old enmity between the kings of Ghassān and those of Al-Ḥīra. Ibn al-Ashʿath himself was of Kinda, a descendant of a race of kings, and he looked upon Al-Ḥajjāj as a plebeian; but the tribes of Hamdān, Temīm, Bekr, and others were on his side. The question of pensions also came in, the ʿIrāḳites demanding equality with the Syrians in that respect.


text:
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 692–705] In this year the military station of Wāsiṭ was founded, so called, as midway (wāsiṭ) between Al-Kūfa and Al-Baṣra, Al-Medāin and Al-Ahwāz. The main object was, no doubt, to have an independent cantonment holding in check the restless cities. The pretext, however, assigned by Al-Ḥajjāj was the desire to check the license of the Syrian soldiers quartered in the country. Conveniently situated in the well-watered plain betwixt the Tigris and Euphrates, Wāsiṭ became the chief military centre of the Empire, and so continued as long as the Caliphate itself; but it was a confession that the Syrians felt that they were occupying a hostile country, and so widened the breach between the two.

While these events were passing in the east, ʿAbd al-Melik was able after the fall of Ibn az-Zubeir, to throw aside the humiliating treaty concluded with the Emperor; and, from the year 73, his generals, some of them his own sons, prosecuted with vigour, but not always with success, yearly campaigns in Asia Minor, Armenia, and the coast of Africa. Up to 76, the relations between the two Courts were friendly; but then, after an interval of fifteen years, a singular incident broke ‘the peace. The Greeks imported their papyrus from Egypt and exported dinars to the Arabs. Before ʿAbd al-Melik the papyrus was stamped with a cross and Christian sentences, but now the words of the Ḳorʾān "Say, He alone is God" were used for a water-mark. The Emperor threatened that if such affront were repeated, he would strike coins with words respecting Moḥammad grievous to his followers. Heretofore the Arabs had used gold and copper Byzantine coins and silver coins copied from the Sasanian, with the addition of the three letters b s m (In the name of [God]) on the margin. Muʿāwiya had indeed instituted an independent coinage, but the coins were rejected, having no cross, and so withdrawn. Now ʿAbd al-Melik issued a purely Muslim coinage, gold, silver, and copper, called by the Byzantine names dīnār (denarius aureus), dirhem (drachma), and fals (follis). The dīnār was about the size of a half-sovereign, the dirhem rather less than a sixpence; but the words came to mean gold and silver coins of whatever weight. They bore, besides the mint and date, sentences from the Ḳorʾān, generally, "There is no god but God; He has no


text:
Page:Lucian (IA lucianlucas00collrich).pdf/121

Rh who have obtained one day's leave of absence from the Shades below to avenge themselves on their libeller.

Socrates. Pelt the wretch! pelt him with volleys of stones,—throw clods at him,—oyster-shells! Beat the blasphemer with your clubs—don't let him escape! Hit him, Plato! and you, Chrysippus! and you!—Form a phalanx, and rush on him all together! As Homer says—"Let wallet join with wallet, club with club!" He is the common enemy of us all, and there is no man among ye whom he has not insulted. You, Diogenes, now use that staff of yours, if ever you did! Don't stop! let him have it, blasphemer that he is! What! tired already, Epicurus and Aristippus? You aught not to be:—

Aristotle, do run a little faster!—That's good! we've caught the beast! We've got you, you rascal! You shall soon find out who you've been abusing! Now what shall we do with him? Let us think of some multiform kind of death, that may suffice for all of us—for he deserves a separate death from each.

Philosopher A. I vote that he be impaled.

''Phil. B.'' Yes—but be well scourged first.

''Phil. C.'' Let his eyes be gouged out.

''Phil. D.'' Ay —but his tongue should be cut out first.

Soc. What think you, Empedocles?

Empedocles. He should be thrown down the crater


text: Self-Help

title: Self-Help


text:
Page:Lucian (IA lucianlucas00collrich).pdf/122

112 of some volcano, and so learn not to revile his betters.

Plato. Nay—the best punishment for him will be that, like Pentheus or Orpheus,—

Lucian. Oh no, no, pray! spare me, for the love of heaven!

Soc. Sentence is passed: nothing can save you. For, as Homer says,—

Luc. And I implore you, too, in Homer's words—you will respect him, perhaps, and not reject me, when I give you a recitation,—

But his captors have an answer ready out of Homer's inexhaustible repertory; and an appeal which the prisoner makes to Euripides is met in a similar manner. Lucian begs at least to be heard in his own defence. He will prove that he is really the champion and patron of true philosophy, to whom he owes all that he knows. Let him at least have a fair trial, before any judge they please. None can be better than Philosophy herself; but where can she be found? Lucian himself does not know where she lives, though he has often made inquiry. He has seen men in grave


text:
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Rh habits, with long beards, who ought to have known, but they have always misdirected him. He has seen, too, a flaunting woman, affecting to represent her, whose hail of audience was thronged with visitors; but he had soon detected her as a mere impostor.

Plato agrees with him, that the dwelling of Philosophy is hard to find, nor is her door open to all idle comers. But while they are speaking, they meet her walking in the portico; and to her, by consent of both parties, the prisoner's case is referred. Virtue, and Temperance, and Justice, and Education, who are walking in her company, shall be her assessors in the court; and Truth, "a colourless form, all but imperceptible"—of whom Lucian himself has but a dim glimpse—who brings with her Liberty and Free-speech. The court is held in the temple of Minerva. The aggrieved parties have to choose one of their number as formal accuser; and Chrysippus, in words of high eulogy which may fairly be taken to express the serious opinion of the author himself, suggests Plato as the fittest for that office. The "marvellous sublimity of thought, the Attic sweetness of diction, the persuasive grace, and sagacity, and accuracy, and apposite illustrations; the delicate irony and rapid interrogation," which are here attributed to the great philosopher, are all too genuine characteristics to have been introduced ironically. Bub Plato declines the office, and the Cynic Diogenes undertakes it, readily enough, disgusted as he is at having been valued at no more than two oboli at the late "Sale." He accuses Lucian of endeavouring to bring all philosophy into contempt.


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114 He is worse than the comedy-writers, Eupolis and Aristophanes, who could at least plead in their excuse the recognised licence of the Dionysiac festivals. He calls for such a sentence on this profane libeller as may deter others from following his example. Lucian defends himself by protesting that it is only sham philosophers, "asses in lions' skins," who shelter their pretensions under the shadow of great names, that he has attacked; it is they, not he, who bring Philosophy into contempt. Such gross misrepresentations as theirs are the less excusable because of the dignity of the things which they misrepresent. "The actor who performs badly the part of a slave or a messenger is guilty of but a venial fault; but to present a Jupiter or a Hercules to the audience in a fashion unworthy of the dignity of the character becomes wellnigh a profanation."

The satirist is triumphantly acquitted. Even Plato and Diogenes withdrew their accusation, and join in hailing him as the real friend of Truth. It is resolved to call up the false pretenders to philosophy for trial before the same court. Lucian desires "Syllogism"—that useful instrument of argument, who acts as crier of the court—to summon them for this purpose; but a strict logical examination is exactly what these professors shrink from. Lucian succeeds, however, in securing their attendance by a proclamation of his own. He announces a public distribution of money and corn in the Acropolis; and whoever can show a very long beard shall he entitled to a basket of figs into the bargain. They come in crowds—Stoics, Peripatetics,


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Rh and Epicureans, each claiming to be served first. But as soon as they hear of the investigation into their lives and morals, as well as their professions, which is to take place, all but two or three take to flight in a panic. Then Lucian adopts another plan to catch them for examination: he hangs out from the wall of the Acropolis a fisherman's rod and line, baited with a cluster of figs and a purse of gold. They take the bait eagerly, and are hauled up one after another; and as each of the masters of philosophy repudiates all knowledge of them as true disciples, are thrown headlong from the rock. But as there is a risk lest some strong fish should break the line and make off with the bait, Lucian goes down into the city accompanied by Conviction (one of Philosophy's suite), prepared under her guidance to crown with olive such as can stand the test, and to brand conspicuously on the forehead, with the impression of a fox or an ape, all whose profession is a mere cloak for selfish ends. He foretells that they will require for their purpose very few olive crowns, but a good supply of branding-irons.

This is another humorous attack upon the Schools of Philosophy in general, cast in the form of a dialogue. There has been a wedding supper-party at the house of an Athenian of some rank, on the occasion of the marriage of his son, of which Lycinus (i.e., Lucian) here gives an account in a conversation with a friend. He apologises—ironically—for telling the story at all;


text: Template:Film song link

title: Template:Film song link


text:
Template:Film song link/docs

Usage
This template takes a Wikidata item ID as a parameter and provides a link to the English Wikisource page of the work that it is an edition or translation of.

title: Template:Film song link/docs


text:
Module:Film song

require('strict')

-- Module:Film_song local p = {}

local getArgs = require('Module:Arguments').getArgs

local function getEditionNumber(QID) if not QID then return nil end local editionNumber = mw.wikibase.getEntity(QID):getBestStatements('P393')[1] if editionNumber then return editionNumber.mainsnak.datavalue.value else return nil end end

local function getWorkItem(QID) -- Fetch the entity data for the given QID local entity = mw.wikibase.getEntity(QID) if not entity then return nil, 'No entity found for ' .. QID end -- Access the 'recording or performance of' property (P629) directly local recordingOrPerformance = entity.claims['P2550'] if not recordingOrPerformance or #recordingOrPerformance == 0 then recordingOrPerformance = entity.claims['P629'] end if not recordingOrPerformance or #recordingOrPerformance == 0 then return nil, 'No "edition or translation of" or "recording or performance of" property found for ' .. QID end -- Extract the QID of the work item local workQID = recordingOrPerformance[1].mainsnak.datavalue.value.id   if not workQID then return nil, 'No work QID found for ' .. QID end return workQID end

local function getVersionItemLabel(args) local QID = args[1] local template = args[2] or "" -- Added to handle different situations if not QID then return 'Error: No Wikidata item specified' end local versionItemLabel = mw.wikibase.getLabel(QID) if not versionItemLabel or versionItemLabel == '' then versionItemLabel = 'Item ' .. QID -- Fallback text if no label is found end -- Check for edition number and append to the label if necessary if template == "anchor" then local editionNumber = getEditionNumber(QID) if editionNumber then versionItemLabel = mw.uri.anchorEncode(versionItemLabel .. "_rendition_" .. editionNumber) end end return versionItemLabel end

local function getLink(args) local QID = args[1] local template = args[2] or "" -- Assign default value within the function

if not QID then return error_message({'Module:Film song error: no Wikidata item specified'}) end local workQID, err = getWorkItem(QID) if err then return err end local versionItemLabel = getVersionItemLabel(args) local editionNumber = getEditionNumber(QID) local versionItemNonTemplateLabel = "" -- for later logic if editionNumber and not template then versionItemLabel = versionItemLabel .. " (rendition " .. editionNumber .. ")" end

if template ~= "" then local versionItemAnchor = versionItemLabel:gsub(" ", "_") local pageTitle = mw.title.getCurrentTitle.text if editionNumber then versionItemAnchor = mw.uri.anchorEncode(versionItemAnchor .. "_rendition_" .. editionNumber) versionItemLabel = versionItemLabel .. " (rendition " .. editionNumber .. ")" end return mw.ustring.format('%s', pageTitle, versionItemAnchor, versionItemLabel) -- else -- 	if versionItemNonTemplateLabel then -- 		versionItemLabel = versionItemNonTemplateLabel -- 	end end

local sitelink = mw.wikibase.getSitelink(workQID, 'enwikisource') if not sitelink then return versionItemLabel end return mw.ustring.format('%s', sitelink, versionItemLabel) end

function p._film_song_link(args) if not args[1] then return error_message({'Module:Film song error: no Wikidata item specified'}) end local link = mw.html.create('div'):addClass('wst-film-song-link') local anchor = getVersionItemLabel({args[1], 'anchor'}) link:attr('id', anchor) local link_text = getLink({args[1]}) link:wikitext('Song: "' .. link_text .. '" ') return tostring(link) end

function p._film_song_link_table(args) if not args[1] then return error_message({'Module:Film song error: no Wikidata item specified'}) end return '"' .. getLink({args[1], 'table'}) .. '" ' end

-- Function to generate the list of songs function p._film_song_list(args) local currentPageQID = args[1] or mw.wikibase.getEntityIdForCurrentPage -- Check if entity is nil or if entity does not have claims -- (if this is the case this should be fixed on Wikidata, but shouldn't cause a public error on Wikisource) if not currentPageQID then return '' end local entity = mw.wikibase.getEntity(currentPageQID) -- Check if entity exists and has the 'has part(s)' property (P527) if not entity or not entity.claims or not entity.claims['P527'] then return '' end local parts = entity.claims['P527'] local list = {} for _, part in ipairs(parts) do       local partQID = part.mainsnak.datavalue.value.id        local partEntity = mw.wikibase.getEntity(partQID) local performerQID = partEntity and partEntity.claims['P175'] and partEntity.claims['P175'][1].mainsnak.datavalue.value.id or nil local performerPage = performerQID and mw.wikibase.getSitelink(performerQID, 'enwikisource') or nil local performerName = performerPage and mw.ustring.gsub(performerPage, "Author:", "") or "Unknown" -- Expand the 'film song link table' template for each song part local songLinkTable = p._film_song_link_table({partQID}) -- Ensure performer name has no leading or trailing whitespace performerName = mw.text.trim(performerName) -- Construct the table row with the expanded template and author link table.insert(list, string.format(' %s  %s  ', songLinkTable, performerName, performerName)) end if #list == 0 then return '' end local list_string = table.concat(list, '\n') -- Replace all instances of "Author:Unknown" with "Unknown" list_string = list_string:gsub('%[%[Author:Unknown|%]%]', 'Unknown') list_string = list_string:gsub('%[%[Author:Unknown|Unknown]%]', 'Unknown') local list_table = mw.html.create('table') :addClass('wikitable wst-film-song-list') :wikitext(table.concat({ ' Song  Performer  ', list_string }))	return tostring(list_table) .. '' end

-- frame functions

function p.film_song_link(frame) return p._film_song_link(getArgs(frame)) end

function p.film_song_link_table(frame) return p._film_song_link_table(getArgs(frame)) end

function p.film_song_list(frame) return p._film_song_list(getArgs(frame)) end

return p

title: Module:Film song


text:
My Gal Sal

 * "My Gal Sal" (1921), published by Criterion Quartet on record
 * "My Gal Sal" (1927), in the part-talkie musical film The Jazz Singer, sung by actor Robert Gordon

title: My Gal Sal


text:
Page:Cetacean Community v. Bush.pdf/11

NEPA requires that an environmental impact statement (“EIS”) be prepared for “major Federal actions significantly affecting the quality of the human environment….” 42 U.S.C. § 4332(2)(C). As is true of the MMPA, no provision of NEPA explicitly grants any person or entity standing to enforce the statute, but judicial enforcement of NEPA rights is available through the APA. Lujan, 497 U.S. at 882, 110 S.Ct. 3177. Interpreting NEPA broadly, we have recognized standing for individuals and groups of individuals who sue to require preparation of an EIS, when they contend that a challenged federal action will adversely affect the environment. See, e.g., Ocean Advocates, 361 F.3d at 1121; Laub v. U.S. Dept. of Interior, 342 F.3d 1080, 1086 (9th Cir.2003); Citizens for Better Forestry v. U.S. Dept. of Agriculture, 341 F.3d 961, 976 (9th Cir.2003). However, we see nothing in either NEPA or the APA that would permit us to hold that animals who are part of the environment have standing to bring suit on their own behalf.

The Cetaceans argue that even if individual cetaceans do not have standing, their group has standing as an “association” under the APA, 5 U.S.C. § 551(2) (defining “person” to include an “association”). We disagree. A generic requirement for associational standing is that an association’s “members would otherwise have standing to sue in their own right.” Laidlaw, 528 U.S. at 181, 120 S.Ct. 693. discussed above, individual animals do not have standing to sue under the ESA, the MMPA, NEPA and the APA. Nor can the Cetaceans establish first-party organizational standing as an association under the APA. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378–79, 102 S.Ct. 1114, 71 L.Ed.2d 214 (1982) (association had standing as “person” in its own right under the Fair Housing Act); Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975) (recognizing that an organization may sue on its own behalf for injuries it has sustained); Fair Housing of Marin v. Combs, 285 F.3d 899, 904 (9th Cir.2002), ''cert. denied'', 537 U.S. 1018, 123 S.Ct. 536, 154 L.Ed.2d 425 (2002) (following Havens). The complaint presents no evidence that the Cetaceans comprise a formal association, nor can we read into the term “association” in the APA a desire by Congress to confer standing on a non-human species as a group, any more than we can read into the term “person” Congressional intent to confer standing on individual animals. See Black’s Law Dictionary 132 (8th ed.2004) (defining “association” as “[a] gathering of people for a common purpose; the persons so joined”).

We agree with the district court in Citizens to End Animal Suffering & Exploitation, Inc., that “[i]f Congress and the President intended to take the extraordinary step of authorizing animals as well as people and legal entities to sue, they could, and should, have said so plainly.” 836 F.Supp. at 49. In the absence of any such statement in the ESA, the MMPA, or NEPA, or the APA, we conclude that the Cetaceans do not have statutory standing to sue.

AFFIRMED.

title: Page:Cetacean Community v. Bush.pdf/11


text: Page:Ginzburg - The Legends of the Jews - Volume 5.djvu/6


text:
Waiting for the Robert E. Lee

 * "Waiting for the Robert E. Lee" (1912), the original sheet music
 * "Waiting for the Robert E. Lee" (1927), performed in the part-talkie musical film The Jazz Singer by Robert Gordon

title: Waiting for the Robert E. Lee


text:
Author:Louis Wolfe Gilbert

Songs

 * "Waiting for the Robert E. Lee" (1912)

title: Author:Louis Wolfe Gilbert


text:
Page:William Muir, Thomas Hunter Weir - The Caliphate; Its Rise, Decline, and Fall (1915).djvu/369

 340 partner." "God is the One, and the Eternal God: He did not beget, nor was He begotten." "Moḥammad is the Apostle of God, sent with guidance and the religion of truth, to make it prevail over all other religions." The amity of the two Courts thus rudely broken, war was prosecuted vigorously. Its fortune varied. In 79, Antioch was seized by the Greeks for a time; and under Justinian severe reverses were inflicted on the Muslims. On the other hand, the latter took many strongholds in Asia Minor, and penetrated as far as Erzerum. The people on the borderlands of Syria and Armenia suffered greatly in this chronic warfare; and in 84 , so many churches were set on fire that the year was called "The Year of Burning."

A second important innovation was that the Government business and accounts were carried on in Arabic instead of in Greek, as they had been in Syria, or in Persian, as they had been in Al-ʿIrāḳ. The change was made at the suggestion of a Persian Maulà of Sijistān, Ṣāliḥ ibn ʿAbd ar-Raḥmān.

With even greater energy, but more chequered fortune, the Muslim forces were engaged in Africa. ʿOḳba pushed his armies from Ḳairawān to the verge of the Atlantic. At Tangier he heard from Count Julian a tempting account of the prize that lay across the strait; but the attempt on the Spanish coast was not to be just yet. The Berbers were


text:
Page:The Smart Set (Volume 51, Number 4).djvu/13

 splendid boy … Her eyes smarted; an oppression, a stifling, suffocating pressure at her heart, a sense of utter loss, utter futility, broke down the barriers of her courage for a little while.

But not for long.

She performed her usual meticulous preparation for going to bed piecisely as usual, though perhaps the eyes that looked at her from the mirror as she combed her consolingly beautiful hair were a little more thoughtful than the eyes of any girl of twenty-one have any right to be.

Next morning she returned to London and Lady Marjory.

V
IT 1s to be hoped that I have conveyed no misleading impressions with regard to Miss Barker. You must not, for instance, fancy that she was a person with unlimited leisure to devote to her own personal interests. The total number of hours which she had passed in Bertie Wright’s company during the two years of their acquaintanceship was not very great, and that total comprised the greater part of her spare time for that period. But Lady Marjory knew-—generally—about Bertie Wright, and though a rather careless and rather selfish mistress as a rule, had moments of generosity and thoughtfulness, and had graciously granted three whole days for the excursion to Birwich.

While her maid arrayed her for dinner, she questioned her with polite sympathy. Blind! How perfectly dreadful! And an arm gone, too! Right arm? How awful! Shocking bad luck. So she continued for a little while, with insincerity apparent enough.

Abruptly, however, to Miss Barker’s surprise, she threw away a novel with which she had been beguiling the tedium of the toilet and directed a frankly curious stare upon the reflection of her maid’s impassive face.

“What will you do?” she asked sharply. “You won’t marry him, will you—now ?”’

Miss Barker coloured faintly.

‘“He has nothing to marry on,” she answered calmly.

“I think you would be very foolish to marry him, then,” said Lady Marjory. “After all, Barker—you—well, you really ought to do quite well for yourself, you know—if you take a little trouble. You are an unusually pretty girl—smart, good figure, well-educated. You—it would be a great pity to throw away your whole life like that. A great shame. I know that must seem rather a hateful way of putting it—but still—that’s what it comes to in plain English, isn’t it? Pick up that book for me, will you? Thanks. Yes. A shame, I think.”

She stifled a yawn and resumed the novel. She was twenty, pretty, popular, wealthy, and about to marry the most eligible man of her acquaintance.

But to her annoyance the image of this blind, one-armed Bertie Wright persisted in intruding itself upon her complacency.

“No matter how fond you may have been of him,” she said, as she turned from a last searching survey of her image in the long glass, “no girl can really love a man who hasn’t got all his legs and arms and things. It isn’t possible. It isn’t natural. I mean—really love him. You know?”

She smiled a little significant smile and went down to dinner.

Miss Barker’s serenity remained undisturbed. For nearly four years now she had known all that there was to know about Lady Marjory. Nothing that Lady Marjory might choose to say or do aroused in her the least spark of resentment. They were all “like that,” the Langs; they had, she understood, all been “like that” for several centuries—direct, simple; eager livers, eager lovers. Both Lady Marjory’s father and Lady Marjory’s brother had done Lady Marjory’s maid the honor of pro-oftered favor; frankly offered, frankly declinca.

She tidied the room methodically, switched off the lights, and retired to her own bedroom to think things over.


text:
Dirty Hands, Dirty Face

 * "Dirty Hands and Dirty Face" (1923), a performance on record by Bob Thomas
 * "Dirty Hands, Dirty Face" (1927), a performace by Al Jolson in the part-talkie musical film The Jazz Singer

title: Dirty Hands, Dirty Face


text:
Page:William Muir, Thomas Hunter Weir - The Caliphate; Its Rise, Decline, and Fall (1915).djvu/370

 692–705] treated as an inferior race; and Kuseila, one of their chiefs who had embraced Islām, was embittered by being put to some menial office. Carrying his countrymen with him, and joining the Greeks, this rebel advanced with an overwhelming force against ʿOḳba, who was slain, and his whole army destroyed at a place called Tahūdha, south-east of Biskra in Algeria, where the mosque containing his tomb may still be seen. Kuseila thereupon occupied Ḳairawān, but entered into an agreement to respect the Muslim families (now his co-religionists) settled there. Most of the Arabs then retired to Egypt, and it was not till 69 that anything further was attempted. In that year, ʿAbd al-Melik sent an army under Zuheir, one of ʿOḳba's old commanders, who, in a great battle, having slain Kuseila, beat both the Greeks and Berbers. But these, reinforced by sea from Sicily, again advancing, took Zuheir unawares, and cut his entire force to pieces.

Such repeated calamities were sorely felt at Damascus; but some years elapsed before steps could be taken to restore the prestige of the Muslim arms. At last in 74 an army, "greater than ever before had entered the land of Africa," was despatched under command of Ḥassān ibn an-Noʿmān al-Ghassāni. From Ḳairawān they marched to Carthage, and put to flight the Greeks and Berbers massed in great numbers for its defence. Then they stormed the city,—the inhabitants escaping as best they could by sea to Sicily and Spain,—took much booty, and prisoners without number; and having destroyed many of the Roman buildings, and ravaged the country far and near, returned to Ḳairawān. But good fortune had not yet dawned on African adventure. A "priestess" (Kāhina) wielding a mysterious influence had succeeded Kuseila: and she, inspiring the Berbers with new courage, inflicted signal defeat on Ḥassān, who was driven back on Barḳa, and there for five years forced to remain inactive. Then, reinforced by the Caliph, he overthrew the priestess, who was slain in the fight. Thereupon, her sons, with 12,000 of their army, joined the Muslim force, which then reoccupied Ḳairawān. Islām now spread rapidly amongst the natives. Ḥassān remained in command till


text: The House at Pooh Corner (1961)

title: The House at Pooh Corner (1961)


text: Page:Ginzburg - The Legends of the Jews - Volume 7.djvu/532


text:
Page:Self-help with illustrations of conduct and perseverance (IA selfhelpwithillu00smiliala).pdf/21

1

Industry of the English people—Work the best educator—Hugh Miller—Poverty and toil not insurmountable obstacles—Working men as inventors—Invention of the


text: Page:The House at Pooh Corner (1961).pdf/11


text:
Blue Sky

 * "Blue Skies" (1926), a song written by Irving Berlin
 * The Blue Sky (1890s–1900s), a periodical distributed in the form of booklets
 * Blue Skies (1929), an American drama film

title: Blue Sky


text:
Blue Skies (Berlin)

Sheet music

 * "Blue Skies" (1926), the original sheet music

Film

 * "Blue Skies" (1927), the first performance (the slower version) by Al Jolson in the part-talkie musical film The Jazz Singer
 * "Blue Skies" (1927), the second performance (the more "jazzy" and upbeat version) by Al Jolson in The Jazz Singer

title: Blue Skies (Berlin)


text:
User talk:Mayimbú

PseudoSkull (talk) 00:55, 13 January 2024 (UTC)

title: User talk:Mayimbú


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Page:The problem of China - Russell 1922.pdf/233

231Rh Mr. Julean Arnold, American Commercial Attaché at Peking, writing early in 1919, made the following statement as regards China's mineral resources:—

The China Year Book for 1919 gives the total Chinese production of coal for 1914 as 6,315,735 tons, and of iron ore at 468,938 tons. Comparing these with Mr. Arnold's figures for 1917, namely 20,000,000 tons of coal and 500,000 tons of pig iron (not iron ore), it is evident that great progress was made during those three years, and there is every reason to think that at least the same rate of progress has been maintained. The main problem


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 or five little boys who all wish to assist at the important business of helping a grown youth lasso reef eels, organise themselves into a highly efficient working team; one boy holds the bait, another holds an extra lasso, others poke eagerly about in holes in the reef looking for prey, while still another tucks the captured eels into his lavalava. The small girls, burdened with heavy babies or the care of little staggerers who are too small to adventure on the reef, discouraged by the hostility of the small boys and the scorn of the older ones, have little opportunity for learning the more adventurous forms of work and play. So while the little boys first undergo the chastening effects of baby-tending and then have many opportunities to learn effective cooperation under the supervision of older boys, the girls' education is less comprehensive. They have a high standard of individual responsibility but the community provides them with no lessons in co-operation with one another. This is particularly apparent in the activities of young people; the boys organise quickly; the girls waste hours in bickering, innocent of any technique for quick and efficient co-operation.

And as the woman who goes fishing can only get away by turning the babies over to the little girls of the household, the little girls cannot accompany their aunts and mothers. So they learn even the simple processes of reef fishing much later than do the boys. They are kept at the baby-tending, errand-running stage until they are old enough and robust enough to


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 work on the plantations and carry foodstuffs down to the village.

A girl is given these more strenuous tasks near the age of puberty, but it is purely a question of her physical size and ability to take responsibility, rather than of her physical maturity. Before this time she has occasionally accompanied the older members of the family to the plantations if they were willing to take the babies along also. But once there, while her brothers and cousins are collecting cocoanuts and roving happily about in the bush, she has again to chase and shepherd and pacify the ubiquitous babies.

As soon as the girls are strong enough to carry heavy loads, it pays the family to shift the responsibility for the little children to the younger girls and the adolescent girls are released from baby-tending. It may be said with some justice that the worst period of their lives is over. Never again will they be so incessantly at the beck and call of their elders, never again so tyannised over by two-year-old tyrants. All the irritating, detailed routine of housekeeping which in our civilisation is accused of warping the souls and souring the tempers of grown women, is here performed by children under fourteen years of age. A fire or a pipe to be kindled, a call for a drink, a lamp to be lit, the baby’s cry, the errand of the capricious adult—these haunt them from morning until night. With the introduction of several months a year of government schools these children are being taken out of their


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 homes for most of the day. This brings about a complete disorganization of the native households which have no precedents for a manner of life where mothers have to stay at home and take care of their children and adults have to perform small routine tasks and run errands.

Before their release from baby-tending the little girls have a very limited knowledge of any of the more complicated techniques. Some of them can do the simpler work in preparing food for cooking, such as skinning bananas, grating cocoanuts, or scraping taro. A few of them can weave the simple carrying basket. But now they must learn to weave all their own baskets for carrying supplies; learn to select taro leaves of the right age for cocking, to dig only mature taro. In the cook-house they learn to make palusami, to grate the cocoanut meat, season it with hot stones, mix it with sea water and strain out the husks, pour this milky mixture into a properly made little container of taro leaves from which the aromatic stem has been scorched off, wrap these in a breadfruit leaf and fasten the stem tightly to make a durable cooking jacket. They must learn to lace a large fish into a palm leaf, or roll a bundle of small fish in a breadfruit leaf; to select the right kind of leaves for stuffing a pig, to judge when the food in the oven of small heated stones is thoroughly baked. Theoretically the bulk of the cooking is.done by the boys and where a girl has to do the heavier work, it is a matter for comment:


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Page:United States Statutes at Large Volume 128.pdf/3129

Rh

§ 100701. Protection, interpretation, and research in System

Recognizing the ever increasing societal pressures being placed upon America’s unique natural and cultural resources contained in the System, the Secretary shall continually improve the ability of the Service to provide state-of-the-art management, protection, and interpretation of, and research on, the resources of the System.

§ 100702. Research mandate

The Secretary shall ensure that management of System units is enhanced by the availability and utilization of a broad program of the highest quality science and information.

§ 100703. Cooperative study units

The Secretary shall enter into cooperative agreements with colleges and universities, including land grant schools, in partnership with other Federal and State agencies, to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the resources of the System, or the larger region of which System units are a part.

§ 100704. Inventory and monitoring program

The Secretary shall undertake a program of inventory and monitoring of System resources to establish baseline information and to provide information on the long-term trends in the condition


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Page:United States Statutes at Large Volume 128.pdf/3130

128 STAT. 3106 of System resources. The monitoring program shall be developed in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective approach.

§ 100705. Availability of System units for scientific study

(a) —The Secretary may solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of any System unit for purposes of scientific study.

(b) —A request for use of a System unit under subsection (a) may be approved only if the Secretary determines that the proposed study—
 * (1) is consistent with applicable laws and Service management policies; and
 * (2) will be conducted in a manner that poses no threat to the System unit resources or public enjoyment derived from System unit resources.

(c) —The Secretary may waive any System unit admission or recreational use fee in order to facilitate the conduct of scientific study under this section.

(d) —The Secretary may negotiate for and enter into equitable, efficient benefit-sharing arrangements with the research community and private industry.

§ 100706. Integration of study results into management decisions

The Secretary shall take such measures as are necessary to ensure the full and proper utilization of the results of scientific study for System unit management decisions. In each case in which an action undertaken by the Service may cause a significant adverse effect on a System unit resource, the administrative record shall reflect the manner in which System unit resource studies have been considered. The trend in the condition of resources of the System shall be a significant factor in the annual performance evaluation of each superintendent of a System unit.

§ 100707. Confidentiality of information

Information concerning the nature and specific location of a System resource that is endangered, threatened, rare, or commercially valuable, of mineral or paleontological objects within System units, or of objects of cultural patrimony within System units, may be withheld from the public in response to a request under section 552 of title 5 unless the Secretary determines that—
 * (1) disclosure of the information would further the purposes of the System unit in which the resource or object is located and would not create an unreasonable risk of harm, theft, or destruction of the resource or object, including individual organic or inorganic specimens; and
 * (2) disclosure is consistent with other laws protecting the resource or object.

§ 100721. Definitions

In this subchapter:


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 “Poor Losa, there are no boys in her house and always she must make the oven.” But the girls always help and often do a great part of the work.

Once they are regarded as individuals who can devote a long period of time to some consecutive activity, girls are sent on long fishing expeditions. They learn to weave fish baskets, to gather and arrange the bundles of fagots used in torch-light fishing, to tickle a devil fish until it comes out of its hole and climbs obediently upon the waiting stick, appropriately dubbed a “come hither stick”; to string the great rose-coloured jellyfish, lole, a name which Samoan children give to candy also, on a long string of hibiscus bark, tipped with a palm leaf rib for a needle; to know good fish from bad fish, fish that are in season from fish which are dangerous at some particular time of the year; and never to take two octopuses, found paired on a rock, lest bad luck come upon the witless fisher.

Before this time their knowledge of plants and trees is mainly a play one, the pandanus provides them with seeds for necklaces, the palm tree with leaves to weave balls; the banana tree gives leaves for umbrellas and half a leaf to shred into a stringy “choker”; cocoanut shells cut in half, with cinet strings attached, make a species of stilt; the blossoms of the Pua tree can be sewed into beautiful necklaces. Now they must learn to recognise these trees and plants for more serious purposes; they must learn when the pandanus leaves are ready for the cutting and how to cut the long leaves


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 with one sure quick stroke; they must distinguish between the three kinds of pandanus used for different grades of mats. The pretty orange seeds which made such attractive and also edible necklaces must now be gathered as paint brushes for ornamenting bark cloth. Banana leaves are gathered to protect the woven platters, to wrap up puddings for the oven, to bank the steaming oven full of food. Banana bark must be stripped at just the right point to yield the even, pliant, black strips, needed to ornament mats and baskets. Bananas themselves must be distinguished as to those which are ripe for burying, or the golden curved banana ready for eating, or bananas ready to be sun-dried for making fruit-cake rolls. Hibiscus bark can no longer be torn off at random to give a raffia-like string for a handful of shells; long journeys must be made inland to select bark of the right quality for use in weaving.

In the house the girl’s principal task is to learn to weave. She has to master several different techniques. First, she learns to weave palm branches where the central rib of the leaf serves as a rim to her basket or an edge to her mat and where the leaflets are already arranged for weaving. From palm leaves she first learn to weave a carrying basket, made of half a leaf, by plaiting the leaflets together and curving the rib into a rim. Then she learns to weave the Venetian blinds which hang between the house posts, by laying one-half leaf upon another and plaiting the leaflets together. More difficult are the floor mats, woven of


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Page:United States Statutes at Large Volume 128.pdf/3131

Rh :(1) —The term “damages” includes—
 * (A) compensation for—
 * (i)(I) the cost of replacing, restoring, or acquiring the equivalent of a System unit resource; and
 * (II) the value of any significant loss of use of a System unit resource pending its restoration or replacement or the acquisition of an equivalent resource; or
 * (ii) the value of the System unit resource if the System unit resource cannot be replaced or restored; and
 * (B) the cost of a damage assessment under section 100723(b) of this title.
 * (2) —The term “response costs” means the costs of actions taken by the Secretary to—
 * (A) prevent or minimize destruction or loss of or injury to a System unit resource;
 * (B) abate or minimize the imminent risk of the destruction, loss, or injury; or
 * (C) monitor ongoing effects of incidents causing the destruction, loss, or injury.
 * (3) —
 * (A) —The term “System unit resource” means any living or non-living resource that is located within the boundaries of a System unit.
 * (B) —The term “System unit resource” does not include a resource owned by a non-Federal entity.

§ 100722. Liability

(a) —Subject to subsection (c), any person that destroys, causes the loss of, or injures any System unit resource is liable to the United States for response costs and damages resulting from the destruction, loss, or injury.

(b) —Any instrumentality, including a vessel, vehicle, aircraft, or other equipment, that destroys, causes the loss of, or injures any System unit resource shall be liable in rem to the United States for response costs and damages resulting from the destruction, loss, or injury to the same extent as a person is liable under subsection (a).

(c) —A person is not liable under this section if the person establishes that—
 * (1) the destruction, loss of, or injury to the System unit resource was caused solely by an act of God or an act of war;
 * (2) the person acted with due care, and the destruction, loss of, or injury to the System unit resource was caused solely by an act or omission of a 3d party, other than an employee or agent of the person; or
 * (3) the destruction, loss, or injury to the System unit resource was caused by an activity authorized by Federal or State law.

(d) —Liability under this section is in addition to any other liability that may arise under Federal or State law.

§ 100723. Actions

(a) —The Attorney General, on request of the Secretary after a finding by the Secretary of destruction, loss, or injury to a System unit resource or a finding that absent the undertaking of a response action,


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 four great palm leaves, and the food platters with their intricate designs. There are also fans to make, simple two-strand weaves which she learns to make quite well, more elaborate twined ones which are the prerogative of older and more skilled weavers. Usually some older woman in the household trains a girl to weave and sees to it that she makes at least one of each kind article, but she is only called upon to produce in quantity the simpler things, like the Venetian blinds. From the pandanus she learns to weave the common floor mats, one or two types of the more elaborate bed mats, and then, when she is thirteen or fourteen, she begins her first fine mat. The fine mat represents the high point of Samoan weaving virtuosity. Woven of the finest quality of pandanus which has been soaked and baked and scraped to a golden whiteness and paper-like thinness, of strands a sixteenth of an inch in width, these mats take a year or two years to weave and are as soft and pliable as linen. They form the unit of value, and must always be included in the dowry of the bride. Girls seldom finish a fine mat until they are nineteen or twenty, but the mat has been started, and, wrapped up in a coarser one, it rests among the rafters, a testimony to the girl’s industry and manual skill. She learns the rudiments of bark cloth making; she can select and cut the paper mulberry wands, peel off the bark, beat it after it has been scraped by more expert hands. The patterning of the cloth with a


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 board or by free hand drawing is left for the more experienced adult.

Throughout this more or less systematic period of education, the girls maintain a very nice balance between a reputation for the necessary minimum of knowledge and a virtuosity which would make too heavy demands. A girl’s chances of marriage are badly damaged if it gets about the village that she is lazy and inept in domestic tasks. But after these first stages have been completed the girl marks time technically for three or four years. She does the routine weaving, especially of the Venetian blinds and carrying baskets. She helps with the plantation work and the cooking, she weaves a very little on her fine mat. But she thrusts virtuosity away from her as she thrusts away every other sort of responsibility with the invariable comment, “Laititi a’u” (“I am but young”). All of her interest is expended on clandestine sex adventures, and she is content to do routine tasks as, to a certain extent, her brother is also.

But the seventeen-year-old boy is not left passively to his own devices. He has learned the rudiments of fishing, he can take a dug-out canoe over the reef safely, or manage the stern paddle in a bonito boat. He can plant taro or transplant cocoanut, husk cocoanuts on a stake and cut the meat out with one deft quick turn of the knife. Now at seventeen or eighteen he is thrust into the Aumaga, the society of the young


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108

The following appeared in the Westminster Gazette, under the headings: “OPEN SPLIT BETWEEN THEOSOPHICAL OFFICIALS”; “RIVAL REVELATIONS FROM THE SAME MASTER”; “MR. JUDGE GETS A MISSIVE DEPOSING MRS. BESANT”:—

Just as the Story of the Great Mahatma Hoax is going to press in its collected form, just in the nick of time to be included, comes the material for a new chapter of more extravagant humour than all the rest. Readers of the “Isis” chapters will recall that the Theosophic embroglio has gone through the following stages:—(1) The vice-president’s “Mahatma” makes reflections on the president. (2) The president and other officials make charges of “forging” Mahatma missives against the V.P. (3) Mrs. Besant, after some vacillation, adopts these charges, and joins with the others in offering the V.P. the choice of retiring quietly or an exposure. (4) The V.P. bluffs them all into silence, and they all join in inducing the “Convention” of last July to separate without looking further into the matter. (5) Mrs. Besant and the V.P. “join hands,” in public, on her statement that though he wrote the alleged missives “with his own hand,” yet he had “psychically received” their contents from the Mahatma. (6) In private, Mrs. Besant separates herself from the V.P. by dissolving their joint headship of the Esoteric Section (“the core of the Theosophical Society,” as Mr. Judge justly calls it below): Mr. Judge, V.P., to retain the American section of the section, and she herself the European, to which she has since added the Indian.

Now we learn Phase 7. Seven is a highly Theosophical numeral, and this phase is certainly a rich one. Mr. Judge sends round to the


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232Rh for China, however, is not rapid development, but national development. Japan is poor in minerals, and has set to work to acquire as much as possible of the mineral wealth of China. This is important to Japan, for two different reasons: first, that only industrial development can support the growing population, which cannot be induced to emigrate to Japanese possessions on the mainland; secondly, that steel is an indispensable requisite for imperialism.

The Chinese are proud of the Kiangnan dock and engineering works at Shanghai, which is a Government concern, and has proved its capacity for shipbuilding on modern lines. It built four ships of 10,000 tons each for the American Government. Mr. S.G. Cheng says:—

Considering how rich China is in iron ore, this state of affairs needs explanation. The explanation is valuable to anyone who wishes to understand modern politics.

The China Year Book for 1919 (a work as little concerned with politics as Whitaker's Almanack) gives a list of the five principal iron mines in China, with some information about each. The first and most important are the Tayeh mines, worked by the Hanyehping Iron and Coal Co., Ltd., which, as the reader may remember, was the subject of the third


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Rh Esoteric Section a pamphlet in which he announces that Mrs. Besant is, in effect, possessed of a devil, and that the Mahatma (under whose direction she also professes to be acting) has ordered him to depose her altogether, and take over the whole thing himself!! Which, in a formal “Order,” he accordingly proceeds to do.

The pamphlet, which among other things professes to give the Judge version of the true inwardness of the abortive “Enquiry” in July, has just been sent round to the Esoteric Theosophists. Copies were not sent to some who were considered dangerous; but the recent unveiling has made a good many so who were safe enough, from the Judge point of view, before, and thanks to one of these who does not acknowledge any headship of Mr. Judge over the European Esotericists since Mrs. Besant’s dissolution thereof, it is possible to give to mankind what was meant by Mr. Judge for a party. The following are the salient passages, followed by the Order deposing Mrs. Besant (the titles in capitals are Mr. Judge’s; the paragraph headings are not):—

I now send you this, all of it being either direct quotations from the messages to me, or else in substance what I am directed to say to you, the different details and elaborations being my own….

We have now to deal with the E.S.T. and with our duty to it and to each other; and among those others, to Mrs. Besant….

I am not a pledged member of the E.S.T., and never made a pledge in it, as my pledges were long before to the Master direct. I was one of its founders, with H.P.B., and she, at the beginning, made me manager and teacher in it from the first, under her, for the American part especially. You can remember all she said of that. I wrote the rules of the E.S.T. myself in London in 1888 at H.P.B.’s request, and under the direction of the Master. Those were not altered by her, but after reading them and further consulting the Master she added some general paragraphs. I am the only one standing in that position. Mrs. Besant and all other members are pledged and certified in the ordinary way….

An Inner Group was later on formed by H.P.B, at London, so that she


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233Rh group in the Twenty-one Demands. The total amount of ore in sight is estimated by the China Year Book at 50,000,000 tons, derived chiefly from two mines, in one of which the ore yields 65 per cent. of iron, in the other 58 to 63 per cent. The output for 1916 is given as 603,732 tons (it has been greatly increased since then). The Year Book proceeds: "Japanese capital is invested in the Company, and by the agreement between China and Japan of May 1915 [after the ultimatum which enforced the revised Twenty-one Demands], the Chinese Government undertook not to convert the Company into a State-owned concern nor to compel it to borrow money from other than Japanese sources." It should be added that there is a Japanese accountant and a Japanese technical adviser, and that pig-iron and ore, up to a specified value, must be sold to the Imperial Japanese works at much below the market price, leaving a paltry residue for sale in the open market.

The second item in the China Year Book's list is the Tungkuan Shan mines. All that is said about these is as follows: "Tungling district on the Yangtze, 55 miles above Wuhu, Anhui province. A concession to work these mines, granted to the London and China Syndicate (British) in 1904, was surrendered in 1910 for the sum of £52,000, and the mines were transferred to a Chinese Company to be formed for their exploitation." These mines, therefore, are in Chinese hands. I do not know what their capacity is supposed to be, and in view of the price at which they were sold, it cannot be very great. The capital of the Hanyehping Co. is $20,000,000, which is considerably more than £52,000. This was the only one of the five iron mines mentioned in the Year Book


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234Rh which was not in Japanese hands at the time when the Year Book was published.

Next comes the Taochung Iron Mine, Anhui province. "The concession which was granted to the Sino-Japanese Industrial Development Co. will be worked by the Orient Steel Manufacturing Co. The mine is said to contain 60,000,000 tons of ore, containing 65 per cent. of pure iron. The plan of operations provides for the production of pig iron at the rate of 170,000 tons a year, a steel mill with a capacity of 100,000 tons of steel ingots a year, and a casting and forging mill to produce 75,000 tons a year."

The fourth mine is at Chinlingchen, in Shantung, "worked in conjunction with the Hengshan Colliery by the railway." I presume it is to be sold back to China along with the railway.

The fifth and last mine mentioned is the Penhsihu Mine, "one of the most promising mines in the nine mining areas in South Manchuria, where the Japanese are permitted by an exchange of Notes between the Chinese and Japanese Governments (May 25, 1915) to prospect for and operate mines. The seam of this mine extends from near Liaoyang to the neighbourhood of Penhsihu, and in size is pronounced equal to the Tayeh mine." It will be observed that this mine, also, was acquired by the Japanese as a result of the ultimatum enforcing the Twenty-one Demands. The Year Book adds: "The Japanese Navy is purchasing some of the Penhsihu output. Osaka ironworks placed an order for 15,000 tons in 1915 and the arsenal at Osaka in the same year accepted a tender for Penhsihu iron."

It will be seen from these facts that, as regards iron, the Chinese have allowed the Japanese to acquire


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110 might give out teachings to be recorded by the members, and, if possible, teach them practical Occultism. Of this Mrs. Besant, with George Mead to help her, was made the Secretary, because she had great ability in a literary way, was wholly devoted, and perfectly fit for the task. But this did not make her a teacher….

The death of H.P.B. destroyed, of course, any further value in the office of “Recorder.”

The conversations of H.P.B. with the Inner Group were taken down in amore or less fragmentary form by the different members, in notes, and later Mrs. Besant and George Mead wrote them out, as Secretaries. I have a complete copy of these, and so has each member of the Inner Group, and those copies comprise all the “Instructions” left in the possession of Mrs. Besant or the Inner Group. In my possession, and within my control, is a large body of instructions given to me all the time from 1875, which I shall give out and have given out, as far as I am directed….

Mrs. Annie Besant has been but five years in this work, and not all of that time engaged in occult study and practice….

Since 1889 she has done great service to the T.S. and devoted herself to it. But all this does not prevent a sincere person from making errors in Occultism, especially when he, as Mrs. Besant did, tries to force himself along the path of practical work in that field. Sincerity does not confer of itself knowledge, much less wisdom….

I wish it to be clearly understood that Mrs. Besant has had herself no conscious evil intention: she has simply gone for awhile outside the line of her Guru (H.P.B.), begun work with others, and fallen under their influence. We should not push her farther down, but neither will the true sympathy we have blind our eyes, so as to let her go on, to the detriment of the movement. I could easily retire from the whole T.S., but my conceptions of duty are different, although the personal cost to myself in this work is heavy, and as I am ordered to stay I will stay and try my best to aid her and everyone else as much as possible. And the same authority tells me that “could she open her eyes and see her real line of work, and correct the present condition in herself as well as the


text:
Mother of Mine, I Still Have You

 * "Mother of Mine, I Still Have You" (1927), a performance by Al Jolson in the part-talkie musical film The Jazz Singer

title: Mother of Mine, I Still Have You


text:
Author:Robert Allan

Works

 * A lassie cam' to our gate
 * The Thistle and the Rose
 * The Covenanter's Lament
 * Bonnie lassie
 * Caledonia
 * The Linnet
 * Life's a faught
 * Arran Maid

title: Author:Robert Allan


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Rh one she has helped to make in the T.S. and E.S.T., she would find herself in mental, spiritual, and physical conditions of a kind much better than ever before, for her present state is due to the attacks of the dark powers, unconsciously to her.

And now it becomes necessary under instructions received to give the members of the School some account of the things behind the scenes in connexion with the recent investigation attempted at London upon the charges against me….

I was made the object of an attack in the guise of an attempt to purify the Society, and Mrs. Besant was thrown forward as the official accuser of myself—a friend who was certified to her by H.P.B., her teacher, well known as working for the T.S. for many years. All this needs light, and the best interests of Mrs. Besant and of the E.S.T. demand that some of the secret history shall be given out, however disagreeable it may be, in order that the very purgation which was improperly directed to the wrong quarter shall take place now. The difficulty arose when in January or February Annie Besant finally lent herself unconsciously to the plot which I detail herein….

The plot exists among the Black Magicians, who ever war against the White, and against those Black ones we were constantly warned by H.P.B. This is no fiction, but a very substantial fact. I have seen and also been shown the chief entity among those who thus work against us….

The name of the person who was worked upon so as to, if possible, use him as a minor agent of the Black Magicians, and for the influencing of Mrs. Besant, is GyanendraGyanandra [sic] N. Chakravarti, a Brahman, of Allahabad, India, who came to America on our invitation to the Religious Parliament in 1893. He permitted ambition to take subtle root in his heart; he is no longer in our lines. He was then a Chela of a minor Indian Guru, and was directed to come to America by that Guru, who had been impressed to so direct him by our Master…. While in that relation he was telepathically impressed in Chicago with some of the contents of a message received by me from the Master. It corroborated outwardly what I had myself received. It was, however, but a part, and was, moreover, deficient in matter, Chakravarti himself being only aware of it as a mental impression, and I am informed that at the time


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112 he was not fully aware of what he was doing. His ability to be used as an unconscious vehicle was made known to me when he was made to receive the message. Although he was not fully aware of it, not only was the whole of his tour here well guarded and arranged, but he was personally watched by the agents of the Master’s scattered through the country unknown to him, who reported to me. On several occasions he has taken people into his confidence, believing that he was instructing them, when in fact they were observing him closely from the Lodge, helping him where right, and noting him fully, though they did not tell him so. This was also so in those parts of his tour when he believed himself alone or only with Mrs. Besant….

If I was guilty of what I was accused, then Master would be shown as conniving at forgery and lying—a most impossible thing. The only other possibility is that Mr. Chakravarti and I “got up” the message. But he and Mrs. Besant have admitted its genuineness, although she is perfectly unable herself to decide on its genuineness or falsity; but further, Mrs. Besant admitted to several that she had seen the Master himself come and speak through my body while I was perfectly conscious. And still further, H.P.B. gave me in 1889 the Master’s picture, on which he put this message, “To my dear and loyal colleague, W. Q. Judge.”

Now, then, either I am bringing you a true message from the Master, or the whole T.S. and E.S.T. is a lie, in the ruins of which must be buried the names of H.P.B. and the Masters. All these stand together as they fall together….

As final proof of the delusions worked through this man and his friends, I will mention this:—Many years ago—in 1881—the Masters sent to the Allahabad Brahmans (the Prayag T.S.) a letter which was delivered by H.P.B. to Mr. A. P. Sinnett, who handed a copy over to them, keeping the original; it dealt very plainly with the Brahmans. This letter the Brahmans do not like, and Mr. Chakravarti tried to make me think it was a pious fraud by H.P.B. He succeeded with Mrs. Besant in this, so that since she met him she has on several occasions said she thought it was a fraud by H.P.B., made up entirely, and not from the Master. I say now on Master’s authority that it was from the Master, and is a right letter. Only


text:
My Mammy

 * "My Mammy", a folk song first published by Alexander Whitelaw in 1843
 * "My Mammy" (1918), a song with lyrics by Joe Young and Sam M. Lewis

title: My Mammy