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lvi country till the publication of the Pharmacopoeia of India. Mr. Clarke in his edition of Roxburgh's Flora Indica writing in 1874, truly observed that "Roxburgh contains all the Economic Indian Botany known to him, and we have added very few economic facts since. * * * We have had plenty of Government and other reports, some very large and expensive ones it is true, but we have very little economic work by persons competent as botanists. * * * Roxburgh is most trust- worthy in his Economic botany, and contains virtually all that is known on the subject."

In the beginning of the nineteenth century, John Flemming contributed a valuable paper on the medicinal plants of this country. It was a monograph of no inconsiderable value and was published in the Asiatic Researches, Vol. XI, for 1810 under the title "A Catalogue of Indian Medicinal Plants and Drugs with their names in Hindustani and Sanskrit." For the first time, the scattered information on the subject was collected and placed before the medical profession.

The most important work, a work which is referred to by all writers on indigenous drugs composed during the early part of the last century, was the Materia Indica of Ainslie. He spent the period of his Indian exile in Madras, and has given a very satisfactory account of the drags in common use in that Presidency.

The formation of the Medico-physical Society of Calcutta, contributed not a little to the study of indigenous drugs. In the Transactions of that Society were described for the first time some of the vegetable drugs of this country. Wallich, Horace Hayman Wilson, Dewan Ram Comal Sen, and several others brought to the notice of the profession many native remedies.

The labors of Dr. J. F. Royle deserve special mention; for he paid especial attention to the economical plants of this country. The Botanical Gardens of Saharanpore owe a great deal to his labors. In his works on the Antiquity of Hindoo Medicine, Materia Medica, and Botany of the Himalayan mountains,


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Certain revolutionary Socialists who are advocates of disarmament use as their main argument the claim that this demand expresses most clearly, most emphatically and most thoroughly the struggle against all forms of militarism, against every war. And this main argument constitutes precisely the fundamental mistake of all the advocates of disarmament. Socialists cannot be opposed to every war without ceasing to be Socialists.

Socialists have never been opposed to revolutionary wars, and they never can accept that attitude. The bourgeoisie of the imperialistic nations is thoroughly reactionary, and we know that the war waged at present by this bourgeoisie is a reactionary, criminal war of spoliation. If this is a fact, what about a war against this bourgeoisie? For example, a war of the suppressed and subject or colonial peoples against the imperialistic bourgeoisie?

In this program of the German "International Group" we read in paragraph 5: "In the period of Imperialism no national wars are possible" This is evidently wrong. The history of the twentieth century, of this century of Imperialism, is full of colonial wars. And what we, with our dirty European chauvinism, call "colonial wars" are often national wars or national revolts of oppressed peoples.

One of the essential characteristics of Imperialism is precisely that it accelerates the development of Capitalism in backward countries and with it the struggle against national oppression. This is a fact. And from this fact it follows inevitably that Imperialism must often breed national wars.

Junius, who defends the program of the International Group, says that in the epoch of Imperialism every national war against one of the imperialistic powers results in the action of another imperialistic power competing with the first one, and that every national war accordingly changes into an imperialistic war. This

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 Remarks upon Certain Currency Notes, Coins and Tokens Emanating from Malaya During and After the War.

The rise in the value of Silver (and, incidentally, of many other metals) was a very noticeable feature during the War.

There were, no doubt, numerous reasons for its appreciation. but it would be outside the scope of this paper to attempt to discuss them in any detail.

It is sufficient to point out here that there were continuous and serious political disturbances in Mexico which checked greatly the output of silver from that highly argentiferous region: that as is generally the case in the East when any universal feeling of apprehension or trouble is felt, there was much hoarding of coins and a corresponding withdrawal from circulation of a very large quantity of metallic currency: and that huge issues of notes by many of the belligerent States tended to enhance the intrinsic worth of almost every form of coinage.

For about a year after the commencement of hostilities silver remained steady but in December, 1915 a progressive upward movement commenced which reached its culminating point about the end of 1919: since that date there has been a sharp and continued decline.

The sub-joined table shows roughly what took place:—


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 "the use of a machine as a tool by natural person(s) does not generally preclude natural person(s) from qualifying as an inventor or joint inventors if the natural person(s) contributed to the conception of the claimed invention. MPEP § 2137.01 …. Where an application names an incorrect inventor, the applicant could submit a request to correct inventorship under 37 CFR 1.48. MPEP § 602.01(c) et seq.;  MPEP § 706.03(a), subsection IV."

AR 133; 412.

On January 20, 2020, plaintiff sought reconsideration of the USPTO’s decision by filing a “Petition to the Director Under 37 CFR 1.181 – Request for Reconsideration.” AR 135–46; 414–25. On April 22, 2020, the USPTO denied plaintiff’s request for reconsideration in a final written decision, which plaintiff challenges in this civil action. AR 205–13; 456–64. Relying on multiple sections of Title 35 of the United States Code, the USPTO explained that “the patent statutes preclude such a broad interpretation” of “inventor” to cover machines. AR 209; 460. Additionally, although the USPTO acknowledged that the relevant Federal Circuit decisions holding that “only natural persons can be ‘inventors’ ” were “in the context of states and corporations,” it concluded that “the discussion of conception as being a ‘formation in the mind of the inventor’ and a ‘mental act’ is equally applicable to machines and indicates that conception—the touchstone of inventorship—must be performed by a natural person.” AR 210; 461 (quoting, 734 F.3d at 1323; , 990 F.2d at 1248). The USPTO also pointed to “numerous references to the inventor as a ‘person’ in Title 37 of the Code of Federal Regulations,” and the definition of “conception” in the Manual of Patent Examining Procedure (“MPEP”) as “the complete performance of the mental part of the inventive act” and “the formation in the mind of the inventor of a definite and permanent idea of the complete and operative invention as it is thereafter to be applied in practice” as further underscoring that only a natural person may be an “inventor.” AR 211; 462. The USPTO addressed plaintiff’s remaining arguments, including policy considerations, and held that “they do not overcome the plain language of the patent laws as passed by the Congress and as interpreted by the courts.” AR 212; 463 (citing, 894 F.2d 392, 399–400 (Fed. Cir. 1990) for the holding that the USPTO and courts must honor the plain meaning of the patent statutes when Congress has spoken on an issue, and that striking policy balances when crafting legislative language is within the province of Congress).

Plaintiff filed this civil action seeking review of the USPTO’s decision, and, after an agreed briefing schedule was entered, plaintiff and defendants filed their cross-motions for summary judgment without having engaged in discovery. The parties’ motions have been fully briefed, and oral argument was heard on the record by teleconference due to the COVID-19 pandemic.

A.

Under the APA, 701 U.S.C. § 701,, a court may only set aside a final agency action if it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. § 706(2)(A). An action is arbitrary and capricious if the agency "relied on factors which Congress has not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed

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 It would be necessary to look back very many years to find silver at a value even approaching that which it attained in the year succeeding the War.

In 1870 the price per ounce was about 5s. 0d.; in 1880, 4s. 4d.; in 1890, 3s. 11d.; in 1900, 2s. 4d.; and in 1910 about 2s. 0d.

The result of the appreciation was, that, as soon as the silver coins current in British Malaya became, as to their silver contents, worth more than their face value, they were collected by adventurous individuals, sent out of the country and melted down for disposal as bullion and, as these coins were of high silver fineness, this undertaking became a profitable one directly the price of silver touched about 3s. 0d. per ounce: and, although legislation against both export and hoarding was soon introduced, such measures were not, it is to be feared, of much practical effect. The dollar soon vanished and the 50, 20, 10 and 5 cent pieces became rapidly scarce: in 1917 the shortage began to be very serious whilst the bronze coinage (1, $1⁄2$ and $1⁄4$ cents) commenced also to disappear. The Government was faced with a difficult situation in its endeavours to provide a suit- able substitute for the disappearing currency. The proposal to mint coins of intrinsically very low value could not be immediately carried out: the Indian Mints were extremely busy and, though an effort was made to obtain assistance from the Royal Siamese Mint at Bangkok, no aid could be, owing to technical causes, gained from that Institution: indeed it was not until nearly three years later that new coins appeared to replace those which had been removed from circulation.

In the meantime something had to be done and the first step was the issue of a locally made 10 cent note. These notes were printed on rather thick coarse paper of open texture at the Government Printing Works, Singapore: they tore easily and quickly absorbed dirt and were consequently not very popular.

They measured about 117 × 76 mm. and were coloured in yellow, green and black on the front and in red on the back.

The design was very simple: the face of the note has a yellow back ground about 87 × 59 mm. in size and consisting of a narrow border about 16 mm. in width and. within this, the words "Ten Cents" repeated in a series of horizontal lines in small letters.

Overprinted on this background, in green, lies a narrow green border 14 mm. in width; within this in green appears a small representation of the Royal Arms at the top in the centre: underneath there runs the phrasing:—


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 Obv. A Crown surmounting "10 Ct.": below, the words "NEDERLANDSCH INDIE" in two lines. There are two flaws in the die.

Rev. In the centre, within a scroll work border, the date "1914." Above in Javanese character and below in Malay "One-tenth part of a guilder."

2. Five cents: struck at Batavia, Java: made of tin with a little lead: circular: size 26.5 mm. Plain edge: a thick coin of 3 mm. Description from a specimen given to me by Mr. Moquette. [Plate V. figs. 26 and 27].

Obv. Within a beaded circle a Crown surmounting "5 Ct." Outside and above, the word "NEDERLANDSCH" and below "INDIE." To left the mint-mark of a sea-horse (the conventional mark of the Dutch mint-master Dr. C. Hoitzema); to right a caduceus (the conventional marque d'atelier of Utrecht).

Rev. Within a beaded circle in Malay "One twentieth part of a guilder" outside and around, the same in Javanese character, and at foot "1914."


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Rh denying it,” said he. “D’ye think I’m ashamed of my own name?”

“You’ve got good cause to be, anyhow.”

“What the devil d’you mean by that?” he roared with his fists clenched.

“No, no, Jack, bluster won’t do with me. I was an officer in Chicago before ever I came to this darned coal bunker, and I know a Chicago crook when I see one.”

McMurdo’s face fell. “Don’t tell me that you’re Marvin of the Chicago Central!” he cried.

“Just the same old Teddy Marvin, at your service. We haven’t forgotten the shooting of Jonas Pinto up there.”

“I never shot him.”

“Did you not? That’s good impartial evidence, ain’t it? Well, his death came in uncommon handy for you, or they would have had you for shoving the queer. Well, we can let that be bygones; for, between you and me,—and perhaps I’m going further than my duty in saying it,—they could get no clear case against you, and Chicago’s open to you tomorrow.”

“I’m very well where I am.” [212]

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 Two Legends of Malacca

The "Malay Annals" (Shellabear's romanized Sějarah Mělayu, 1909, Vol. TI [sic], p. 60) record how Sultan Iskandar was hunting near Bertain River, when a white mouse-deer kicked his hunting dog into the water. He chose this spot where mouse-deer were valiant for his new settlement and named it Mělaka after a tree (Phyllanthus pectinatus of the Order Euphorbiaceae) against which he was leaning at the time of the incident.

Now there exists a similar Sinhalese legend of the founding of Candy, a hare and a jackal taking the place of mouse-deer and dog and the hare's courage being ascribed to recoil from a rock that intercepted her flight (Parker's "Village Folk-Tales of Ceylon," 1914, No. 76, Vol. II, p. 3).

In the Hikayat Hang Tuah it is related how when they came to Malacca the Portuguese bought as much land as an ox-hide would cover and their captain cut it into strips and so got enough land to erect a large godown (J. R. A. S., S. B. 83, p. 122). Benfey has collected many parallels from mediaeval and modern literature and folk-lore; there is the famous tale of the founding of Carthage, the tale of Hengist in Geoffrey of Monmouth, and another in the French romance Melusine; there is the popular etymology of Hyde Park. Popular etymology erroneously finds the same origin for Bhutnair and Calcutta (Todd's "Annals and Antiquities of Rajasthan," II, 235; 1852). "Thare-kettaya near the modern city of Prome was built 443 B.C. Its name has to do with a very ancient artifice. 'Facti de nomine byrsam taurino quantum possent circumdare tergo.'" (Scott O' Connor's "Mandalay," p. 301; London, 1907). American Indian attributed the trick to Europeans who bought land from them. In Sanskrit gotsharman (lit. cowhide) = "a land measure, one hundred feet long and ten broad."


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Rh “Well, I’ve given you the pointer, and you’re a sulky dog not to thank me for it.”

“Well, I suppose you mean well, and I do thank you,” said McMurdo in no very gracious manner.

“It’s mum with me so long as I see you living on the straight,” said the Captain. “But, by the Lord! if you get off after this, it’s another story! So goodnight to you—and goodnight, Councilor.”

He left the barroom; but not before he had created a local hero. McMurdo’s deeds in far Chicago had been whispered before. He had put off all questions with a smile, as one who did not wish to have greatness thrust upon him. But now the thing was officially confirmed. The bar loafers crowded round him and shook him heartily by the hand. He was free of the community from that time on. He could drink hard and show little trace of it; but that evening, had his mate Scanlan not been at hand to lead him home, the fêted hero would surely have spent his night under the bar.

On a Saturday night McMurdo was introduced to the lodge. He had thought to pass in [213]

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 Hikayat Si-Miskin or Marakarma.

There are 5 MSS. of this tale at Batavia (van Ronkel's Catalogus," CXL-CXLIV): two at Leiden (Juynboll's "Catalogus," CXII and van Ronkel's Supplement-Catalogus (1921) 13); one in the possession of the Royal Asiatic Society, London ("Essays on Indo-China," Second series, vol. II, p. 35). It has been twice (1857 and 1894) lithographed and once (1915) printed in Malay characters at Singapore. It is the printed version I have used for this paper. Newbold mentions the romance and gives a brief synopsis—"British Settlements in the Straits of Malacca," vol. II, pp.328-330 (1839).

Many writers have quoted Professor Snouck Hurgronje's dictum on the home of most Malay romances being "that part of South India which is also the source whence are derived the popular mysticism and the popular religious legends of the Muslim peoples of the East Indian Archipelago" ("The Achehnese," vol. II, p. 122). At the same time few English scholars have adopted his method of analyzing and giving an outline of a tale, so that it may be accessible to students of comparative folk-lore most of whom are ignorant of Malay. Outlines in English are especially likely to be of value, because so many European and Oriental experts in the folklore of British India will have little acquaintance with Dutch; and it is those experts particularly who should be in a position to identify the sources of Malay borrowings.

I give first an outline of the romanec of Marakarma, to use its more apposite title, and I add comparative notes.

In Anta Bĕranta, a land ruled by Maharaja Indra Dewa, lived a poor vagabond couple, Si-Miskin and his wife, erstwhile rajas from the heaven of Indra but exiled by the curse of Betara Indra. They were driven away with sticks and stones from palace and cottage and market-place, so that to allay their hunger they fed on plant-shoots and picked bundles of rice (kětupat) and sugar-sticks from dust-heaps on the highway. When Si-Miskin's wife had gone three months with child, she longed for a manggo (ĕmpĕlam) from the royal orchard, and the Maharaja granted her husband's supplication for the fruit. Three months later she longed for a jack-fruit and again the ruler was gracious. She bore a son and named him Marakarma, because he was born in poverty. Digging a site for a hut her husband found a jar (tajok) full of gold. He went to the town and ordered shoes, a staff, clothes, horse and trappings, creese, sword and shield (olar-olar). Then after bathing he prayed to the dewa that a town might be raised up in the forest. His prayer was heard. He ruled over this town, Puspa Sari, with the title Maharaja Indra Angkasa, and his consort was


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 styled Ratna Dewi. She bore a daughter Nila Kesoma. The merchants from Anta Beranta brought fans, water-kettles, shoes, shields, creeses, spears, saddles and umbrellas. Incited by the jealous ruler of Anta Beranta lying astrologers tell Maharaja Indra Angkasa that his two children will work his ruin. They are driven into exile, with no possessions save a ring, a magic stone (gĕmala) and seven bundles of rice, the parting gifts of their heart- broken mother.

After the departure of the two children, Puspa Sari is com- sumed by fire and its ruler with his consort left poor and homeless again in the forest.

In his exile Marakarma learns magic (kĕsaktian) from genies, botas, raksasas, dragons and snakes. The children come to a re- volving hill where dewas play, and they sit down under a waringin tree. The boy catches a bird for his little sister. She wants it roasted. Her brother hearing the crowing of cocks goes in search of a house where he can get fire. The householder mistaking him for a thief, boats the young prince and throws him bound into the sea.

Now the land to which the two children had come was Pelinggam Chahaya. Its ruler Raja Puspa Indra and his queen had a son, Mengindra Sari, who refused to wed. Hunt- ing, Mengindra Sari finds Nila Kesoma under the waringin tree, weeping and holding a wild bird in her hand. His parents adopt her and call her Princess Unfolding Palm-blossom (Mayang Mĕngurai). Finally she marries Mengindra Sari, There is a dramatic passage describing how in his wooing the infatuated prince teases his young mistress over permission to enter his garden.

One day the young princess laments the loss of her brother Marakarma. In vain they search for him. Cast into the sea he had been borne by the tide to the shore of a land where a Raksasa and his wife lived in a house of hair and bones and batu hidup. This Raksasa had carried off Chahaya Khirani, daughter of Maha- raja Malai Kisna, and was keeping her till she should grow big enough to cat. Three months at a time the demon travelled in search of food; three months at a time he abode in his hut. During his absence Chahaya Khirani finds Marakarma on the shore, and revives him. He woos her and promises to slay her demon captor. They bandy love verses (pantun). When the demon returns, Marakarma hides under his mistress' bed. The demon declares he can smell man but the captive princess denies it. The Raksasa lights a fire as big as a burning town, pours rice on to a mat 300 feet wide, and eats it along with spiders, centi- pedes, lizards, rats, flies and mosquitoes which overcome by the steam drop into the rice. He drinks a well of water, hiccups like


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 thunder, picks from his teeth with a log chunks of food so big that they kill cat, goose or fowl by their impact. Then he sings so that the beasts in the forest flee. He asks his captive if her liver is big enough for him to eat. Instructed beforehand by her lover, she declares it will never grow big enough unless he gives her the livers of 100 animals to eat. The demon bids her kill the lice in his hair. With pincers and hammer she kills centipedes and scorpions which the demon has mistaken for lice; and eating fried beans and maize she pretends the noise she makes is the cracking of the eggs. of the lice. The Raksasa and his wife go to get the livers of 100 animals but all have fled far from his singing. Marakarma digs a pit near the demon's hut, and sets it with caltrops. He piles up rubbish and lights an ijok fuse which will take three days to burn. He and his bride escape with the demon's property in a passing ship. Three days later the Raksasa seeing flames rushes home, falls into the pit and is killed.

Lustful for his wife and riches, the captain of the ship pushes Marakarma into the sea. A shark, asked by Marakarma to put him out of his misery, does obeisance and carries the prince in his belly in the wake of the ship till it reaches Pelinggam Chahaya. The shark sprawls on the beach by the jetty of the Fairy God- mother (Ninek Kĕbayan). An eagle instructs the old lady to put rice-grass (daun padi) on the shark's belly, whereupon Marakarma steps out. Ninek Kebayan tells him of the country, its ruler and the royal family. Marakarma guesses that Princess Unfolding Palm-Blossom must be his sister. IIe arranges cut flowers in posies. Ninek Kebayan sells one to Marakarma's wife on the ship, containing the hero's ring and a letter graved on flower-petals, bidding her go to the palace and tell Princess Unfolding Palm- Blossom of their straits. (The first posy she sold, Ninek Ke- bayan pretended was arranged by herself. Chahaya Khirani wants to be taught the art. To keep the old lady in countenance Mara- karma sends a green fly with her on her next visit which buzzes over the bunch and settles wherever flowers should be stuck!)

Chahaya Khirani is invited to the palace, shows her husband's ring and tells of his plight. The king summons all people to a farewell feast to the wicked ship's captain. Miraculously pro- vided with a steed a prince's attire and 40 followers, by means of a magic stone (gĕmale) given him by a bota, Marakarma goes to the feast. The householder who first cast him into the sea and the ship's captain are both executed (salangkan).

Transported to Puspa Sari by the help of a magic stone, the hero finds his father's kingdom desolate forest. He meets his mother gathering firewood and stays with his parents in their forest hut. He reveals himself and prays that Puspa Sari be restored. His prayer is heard. He returns to Pelinggam Chahaya and fetches his sister and her husband and his own wife. Ninek Ke- bayan is twitted with her inability to walk and advised to get a


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 young husband to carry her. The royal party set out for Puspa Sari in glass sedans (mongkor kacha) and on horseback and are met on the plain Tinjau-maya. Maharaja Indra Dewa fearful lest the importance of Puspa Sari eclipse that of Anta Beranta attacks Marakarma. Marakarma invokes the aid of seven genies, whom in his early exile he had met at lake Indra Semandra,—Raja Mengindra Dewa, Dekar Agas Pri, Raja Kisna Indra Dewa, Raja Mengerna Lela, Raja Chindra lela and his wife's brother Raja Bujangga Indra. A great battle ensues. Raja Gerdan Shah slays Raja Berma Gangga. Raja Rum Shah is captured and put to scorch in the sun, whereupon firing an arrow that brings rain and mist Raja Shah Pri releases him and ties Raja Bahrum Dewa in his place. The hero causes a town with fort and palace to arise by virtue of a magic stone given to him by Maharaja Dewa Angkasa on the revolving mountain. He en- counters his jealous rival, the ruler of Anta Beranta. Each shoots arrows, that turn to fire and to rain that dout the fire, to dragons and to countless demons that devour the dragons. "Thunder rumbled and crackled faintly in the distance; a rainbow stretched across the heavens; stormy sunset clouds arose everywhere; rain drizzled; scale-like clouds were in the sky; the rain-bow was hard- ly visible; a breeze blew softly; the sunlight was yellow, and lightning now and again streaked the sky; black clouds gathered: portents all of a great prince's death." Maharaja Indra Dewa, ruler of Anta Beranta, fell slain, charging the victor with his last breath to have mercy on his daughter, Nila Chahaya. His wife and daughter and their women hurry on to the field. The wife stabs herself on her husband's body. Nila Chahaya is married to Raja Bujangga Indra and the young couple rule Anta Beranta. "Where are we going now?" asks Ninek Kebayan. "To marry you to a vizier," laughs her mistress. "Well," croaks the old dame, "I did dream last night I was bitten by a snake."

Raja Bujangga Indra takes his sister and Marakarma and a royal party to visit his father, Maharaja Malai Kisna, in the land Merchu Indra. The Maharaja takes his daughter and son-in-law seven times round the country on a seventeen-tiered throne (pancha-pĕrsada). Marakarma becomes Sultan of Merchu Indra.

Mengindra Sari becomes ruler of Pelinggam Chahaya.

The episode of lying astrologers is paralleled in the Hikayat Jaya Langkara, and the folk-tales Raja Budiman and Raja Denan. The episode of two children exiled, separated under a tree, the girl being found and married by a hunter prince and reluctant to tell of the loss of her brother until after her wedding, is found in a Sinhalese tale (Paker's "Village Folk-Tales of Ceylon," vol. II, No. 155 (a)), though details and conclusion differ. A packet of cooked rice is commonly a parting present to a banished child or prince in Sinhalese tales (ib. I, No. 7; II, 146 (a)). The incident of a prince incognito marrying a girl and taking her on a ship,


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Rh will put the liquor on the table, Brother Scanlan, and we will drink to our worthy brother.”

McMurdo’s coat had been brought to him; but before putting it on he examined his right arm, which still smarted heavily. There on the flesh of the forearm was a circle with a triangle within it, deep and red, as the branding iron had left it. One or two of his neighbors pulled up their sleeves and showed their own lodge marks.

“We’ve all had it,” said one; “but not all as brave as you over it.”

“Tut! It was nothing,” said he; but it burned and ached all the same.

When the drinks which followed the ceremony of initiation had all been disposed of, the business of the lodge proceeded. McMurdo, accustomed only to the prosaic performances of Chicago, listened with open ears and more surprise than he ventured to show to what followed.

“The first business on the agenda paper,” said McGinty, “is to read the following letter from Division Master Windle of Merton County Lodge 249. He says:

“.—There is a job to be done on Andrew Rae of Rae & Sturmash, coal owners [220]

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 thrown overboard but rescued, and coming to a land where he is recognized and honoured, is found in numerous Indian tales (Steel and Temple's "Wide-Awake Stories," p. 138; F. A. Steel's "Tales of the Punjab," p. 129; Swynnerton's "Indian Nights' En- tertainment," p. 276; Knowles "Folk-Tales of Kashmir," p. 167) which all commence with the banishment of two princes owing to a step-mother's cruelty. In a Sinhalese tale with a similar beginning (Parker op. cit. I, No. 7) it is a dried fish he had restored to the water which rescues the prince and put him on a sand-bank near "flower-mother's" house; the flower-mother discovers that the fellow who threw the prince overboard is about to marry the princess the prince interrupts the wedding: his oppressor is quartered and the prince becomes a king. It is pretty clear that this Indian tale with its many variants is connected with the more elaborate composite Malay romance.

The comic interludes, in which Ninek Kebayau "the flower- mother" is twitted, remind one of a passage in Raja Donan (J. R. A. S., S. B. XVIII, p. 242) and of the passage in the Hikayat Maharaja Bikrama Sakti (or Nakhoda Muda) where the princess' maids are frightened by the parroquet. The description of the demon Raksasa is spirited.

There are a few pantun in the romance, but to discuss the occurrence of such verse profitably it is necessary always to collate all available MSS. and determine if copyists have followed one original or preferred to substitute verses they happened to fancy.

In quoting parallels from Sinhalese folk-lore, one must re- member that stories which are current in central India, or the lower part of the Ganges Valley, or even the Panjab, as well as tales of Indian animals such as the lion, may have been brought direct to Ceylon by immigrants from Kalinga or Magadha or Bengal. Apparently it is in this manner that the evident con- nexion between the tales of Ceylon and Kashmir is to be explained, the stories passing from Magadha or neighbouring districts, to Kashmir on the one side, and from Magadlia or Kalinga to Ceylon on the other" (Parker, op. cit. vol. I, pp. 38-39).

It will be of interest to students of local folk-lore to learn that according to Perak legend Marakarma, the hero of the romance dealt with in this paper, built a fort of cockle-shells on the plain Anta-Beranta at the mouth of the Bruas River (cf. McNair's "Perak and the Malaya," pp. 23-24)! A Chinaman is said to have removed the shells to Penang and burnt them for lime.


text: The Diary of a Pilgrimage/Diary of a Pilgrimage/Part 12


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Rh near this place. You will remember that your lodge owes us a return, having had the service of two brethren in the matter of the patrolman last fall. You will send two good men, they will be taken charge of by Treasurer Higgins of this lodge, whose address you know. He will show them when to act and where. Yours in freedom,

“‘, D. M. A. O. F.’

“Windle has never refused us when we have had occasion to ask for the loan of a man or two, and it is not for us to refuse him.” McGinty paused and looked round the room with his dull, malevolent eyes. “Who will volunteer for the job?”

Several young fellows held up their hands. The Bodymaster looked at them with an approving smile.

“You’ll do, Tiger Cormac. If you handle it as well as you did the last, you won’t be wrong. And you, Wilson.”

“I’ve no pistol,” said the volunteer, a mere boy in his teens.

“It’s your first, is it not? Well, you have to be blooded some time. It will be a great start for you. As to the pistol, you’ll find it waiting [221]

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text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 85/Two Legends of Malacca


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myself it is Saturday. B. says it is only Friday; but I am positive I have had three cold baths since we left Ober-Ammergau, which we did on Wednesday morning. If it is only Friday, then I have had two morning baths in one day. Anyhow, we shall know to-morrow by the shops being open or shut.

We travelled from Oberau with a tourist agent, and he told us all his troubles. It seems that a tourist agent is an ordinary human man, and has feelings just like we have. This had never occurred to me before. I told him so.

"No," he replied, "it never does occur to you tourists. You treat us as if we were mere Providence, or even the Government itself. If all goes well, you say, what is the good of us, contemptuously; and if things go wrong, you say, what is the good of us, indignantly. I work sixteen hours a day to fix things comfortably for you, and you cannot even look satisfied; while if a train is late, or a hotel proprietor overcharges, you come and bully me about it. If I see after you, you mutter that I am officious;


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 85/Hikayat Si-Miskin or Marakarma


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Rh “‘Law and Order!’ That’s how he heads it. ‘Reign of Terror in the Coal and Iron District. Twelve years have now elapsed since the first assassinations which proved the existence of a criminal organization in our midst. From that day these outrages have never ceased, until now they have reached a pitch which makes us the opprobrium of the civilized world. Is it for such results as this that our great country welcomes to its bosom the alien who flies from the despotisms of Europe? Is it that they shall themselves become tyrants over the very men who have given them shelter, and that a state of terrorism and lawlessness should be established under the very shadow of the sacred folds of the starry Flag of Freedom which would raise horror in our minds if we read of it as existing under the most effete monarchy of the East? The men are known. The organization is patent and public. How long are we to endure it? Can we forever live’ Sure, I’ve read enough of the slush!” cried the chairman, tossing the paper down upon the table. “That’s what he says of us. The question I’m asking you is what shall we say to him?” [230]

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 PROCEEDINGS

OF THE

Annual General Meeting.

The Annual General Meeting was held at the Society's rooms 5 p.m. on Friday, 10th February 1922.

PRESENT: Dr. R. O. Winstedt (Vice-President for Singapore) in the chair and 26 other members.

1. The Minutes of the Annual General Meeting of 11th February 1921 were confirmed.

2. The Minutes of the General Meeting held 1st July 1921 were read and confirmed.

3. The Annual Report and Statement of Payments and Receipts were adopted on the motion of Mr. H. C. Robinson, seconded by Mr. C. L. Collenette.

4. The Chairman proposed for confirmation, and Mr. Burkill seconded, that Rule 1 be rescinded and the following substituted:—

 * "The name of the Society shall be 'The Malayan Branch, Royal Asiatic Society'."
 * This was confirmed unanimously; the change in name to take effect from 1st January 1923.

5. The Chairman proposed for confirmation, and Major Moulton seconded, that Rule 8 be amended as to the first four lines by the substitution of the following words:—

 * "The Officers of the Society shall be:—
 * "A President,
 * "Vice-Presidents not exceeding six, ordinarily two each from (i) the Straits Settlements, (ii) the F. M. S., and (iii) the Unfederated or other Protected States, although this allocation shall in no way be binding on the electors."

The Resolution was confirmed with one dissentient.


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Rh shout, a cry for help, and then the sound of trampling feet and of falling chairs. An instant later a gray-haired man rushed out on the landing.

He was seized before he could get farther, and his spectacles came tinkling down to McMurdo’s feet. There was a thud and a groan. He was on his face, and half a dozen sticks were clattering together as they fell upon him. He writhed, and his long, thin limbs quivered under the blows. The others ceased at last; but Baldwin, his cruel face set in an infernal smile, was hacking at the man’s head, which he vainly endeavored to defend with his arms. His white hair was dabbled with patches of blood. Baldwin was still stooping over his victim, putting in a short, vicious blow whenever he could see a part exposed, when McMurdo dashed up the stair and pushed him back.

“You’ll kill the man,” said he. “Drop it!”

Baldwin looked at him in amazement. “Curse you!” he cried. “Who are you to interfere—you that are new to the lodge? Stand back!” He raised his stick; but McMurdo had whipped his pistol out of his hip pocket. [235]

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Rh “Stand back yourself!” he cried. “I’ll blow your face in if you lay a hand on me. As to the lodge, wasn’t it the order of the Bodymaster that the man was not to be killed—and what are you doing but killing him?”

“It’s truth he says,” remarked one of the men.

“By Gar! you’d best hurry yourselves!” cried the man below. “The windows are all lighting up, and you’ll have the whole town here inside of five minutes.”

There was indeed the sound of shouting in the street, and a little group of compositors and pressmen was forming in the hall below and nerving itself to action. Leaving the limp and motionless body of the editor at the head of the stair, the criminals rushed down and made their way swiftly along the street. Having reached the Union House, some of them mixed with the crowd in McGinty’s saloon, whispering across the bar to the Boss that the job had been well carried through. Others, and among them McMurdo, broke away into side streets, and so by devious paths to their own homes. [236]

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text: Index:Carroll Lane Fenton - Darwin and the Theory of Evolution.djvu


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Rh will be attended by any better results than in the past. Some of the men were recognized, and there is hope that a conviction may be obtained. The source of the outrage was, it need hardly be said, that infamous society which has held this community in bondage for so long a period, and against which the Herald has taken so uncompromising a stand. Mr. Stanger’s many friends will rejoice to hear that, though he has been cruelly and brutally beaten, and though he has sustained severe injuries about the head, there is no immediate danger to his life.

Below it stated that a guard of police, armed with Winchester rifles, had been requisitioned for the defense of the office.

McMurdo had laid down the paper, and was lighting his pipe with a hand which was shaky from the excesses of the previous evening, when there was a knock outside, and his landlady brought to him a note which had just been handed in by a lad. It was unsigned, and ran thus:

I should wish to speak to you; but would rather not do so in your house. You will find me beside the flagstaff upon Miller Hill. If you will come there now, I have something which it is important for you to hear and for me to say. [238]

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 6. H. H. the Sultan of Johore was elected an Honorary Member.

7. The election of Officers and Members of the Council for the current year resulted as follows:

8. Votes of thanks to Mr. See Tiong Wah for auditing the Society's accounts, to Dr. Lim Boon Keng, for his services on the Council, and to the retiring Council, were passed.

9. The Chairman then gave an interesting lecture on the Antiquities of Malaya, after which Mr. Robinson proposed, and Mr. Amery seconded, a hearty vote of thanks to the lecturer, at the same time expressing a hope that the paper would be printed in the Society's Journal.

By kind permission of the Committee of the Singapore Club a dinner was held at that Club on Friday 10th February 1922 at 8.15 p.m.

H. E. the Governor, as Patron of the Society, accompanied by Mr. R. B. Osborne, Private Secretary, and Mr. Foulger A.D.C. was present as the guest of the evening. Sir. J. W. Murison, the retiring President, took the chair. Covers were laid for 35. Bc- sides those mentioned, the following Members were present:— Messrs. C. I. Collenette, H. C. Robinson, W. J. Cullen, Seah Liang Seah, Seah Eng Tong, J. O'May, A. F. Richards, I. H. Burkill, A. Cavendish, W. Lowther Kemp, Drs. A. T. Hoops, F. W. Foxworthy and R. O. Winstedt, Messrs. H. Robinson, E. T. Williams, B. Nunn, C. E. Wurtzburg, J. I. Miller, D. Santry, C. Bazell, W. P. Plummer, J. R. Lynch, A. J. Amery, F. G. Bourne, L. J. Hayes, H. D. Mundell, A. G. Bratton, J. C. Moulton and three guests.


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Rh have come to a bad pass when two free citizens cannot speak their thoughts to each other.”

McMurdo, who had been watching his companion very narrowly, relaxed somewhat in his bearing. “Sure I spoke for myself only,” said he. “I am a newcomer, as you know, and I am strange to it all. It is not for me to open my mouth, Mr. Morris, and if you think well to say anything to me I am here to hear it.”

“And to take it back to Boss McGinty!” said Morris bitterly.

“Indeed then, you do me injustice there,” cried McMurdo. “For myself I am loyal to the lodge, and so I tell you straight; but I would be a poor creature if I were to repeat to any other what you might say to me in confidence. It will go no further than me; though I warn you that you may get neither help nor sympathy.”

“I have given up looking for either the one or the other,” said Morris. “I may be putting my very life in your hands by what I say; but, bad as you are,—and it seemed to me last night that you were shaping to be as bad as the worst,—still you are new to it, and your conscience cannot [241]

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 After the usual loyal toast the Chairman proposed the health of H. E. the Governor, who responded in a happy speach [sic] emphasizing the importance of the occasion due to the change in the Society's name inaugurated that very day. H. E. referred in eulogistic terms to the valuable work done for the Society by the two Vice-Presidents Dr. Winstedt aud Mr. Robinson. In conclusion he gave a two-fold toast: "to the Straits Branch, Royal Asiatic Society, Vale; to the Malayan Branch, Royal Asiatic Society, Ave," and to the latter he added "Floreat, florebit."

Dr. Winstedt and Mr. Robinson replied on behalf of the Society.

The Company then adjourned to the billiard and card rooms where the remainder of the evening passed pleasantly.


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Rh yet be as hardened as theirs. That was why I thought to speak with you.”

“Well, what have you to say?”

“If you give me away, may a curse be on you!”

“Sure, I said I would not.”

“I would ask you, then, when you joined the Freeman society in Chicago and swore vows of charity and fidelity, did ever it cross your mind that you might find it would lead you to crime?”

“If you call it crime,” McMurdo answered.

“Call it crime!” cried Morris, his voice vibrating with passion. “You have seen little of it if you can call it anything else. Was it crime last night when a man old enough to be your father, was beaten till the blood dripped from his white hairs. Was that crime—or what else would you call it?”

“There are some would say it was war,” said McMurdo, “a war of two classes with all in, so that each struck as best it could.”

“Well, did you think of such a thing when you joined the Freeman’s society at Chicago?”

“No, I’m bound to say I did not.”

“Nor did I when I joined it at Philadelphia. [242]

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Rh It was just a benefit club and a meeting place for one’s fellows. Then I heard of this place,—curse the hour that the name first fell upon my ears!—and I came to better myself! My God! to better myself! My wife and three children came with me. I started a drygoods store on Market Square, and I prospered well. The word had gone round that I was a Freeman, and I was forced to join the local lodge, same as you did last night. I’ve the badge of shame on my forearm and something worse branded on my heart. I found that I was under the orders of a black villain and caught in a meshwork of crime. What could I do? Every word I said to make things better was taken as treason, same as it was last night. I can’t get away; for all I have in the world is in my store. If I leave the society, I know well that it means murder to me, and God knows what to my wife and children. Oh, Man, it is awful—awful!” He put his hands to his face, and his body shook with convulsive sobs.

McMurdo shrugged his shoulders. “You were too soft for the job,” said he. “You are the wrong sort for such work.”

“I had a conscience and a religion; but they [243]

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text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 85/Proceedings of the Annual General Meeting


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RV 59 (Rh)

Note 6.1 The Relational Prefix /y(ə)-/ The prefix /y(ə)-/ indicates 'pertaining to' or 'possessed by'. It is affixed to the 'possessor' which always precedes the 'possessed' item, and is generally equivalent to English 'of' or the apostrophe-plus-s possessive suffix, e.g. If the 'possessor' itself is modified, /y(ə)-/ is prefixed to the modifier, e.g.


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Rh from my faith. That’s how it stands with me. And I see you going down the same road, and I ask you what the end is to be? Are you ready to be a cold-blooded murderer also, or can we do anything to stop it?”

“What would you do?” asked McMurdo abruptly. “You would not inform?”

“God forbid!” cried Morris. “Sure, the very thought would cost me my life.”

“That’s well,” said McMurdo. “I’m thinking that you are a weak man and that you make too much of the matter.”

“Too much! Wait till you have lived here longer. Look down the valley! See the cloud of a hundred chimneys that overshadows it! I tell you that the cloud of murder hangs thicker and lower than that over the heads of the people. It is the Valley of Fear, the Valley of Death. The terror is in the hearts of the people from the dusk to the dawn. Wait, young man, and you will learn for yourself.”

“Well, I’ll let you know what I think when I have seen more,” said McMurdo carelessly. “What is very clear is, that you are not the man for the place, and that the sooner you sell out [245]

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Rh if you only get a dime a dollar for what the business is worth—the better it will be for you. What you have said is safe with me; but by Gar! if I thought you were an informer”

“No, no!” cried Morris piteously.

“Well, let it rest at that. I’ll bear what you have said in mind, and maybe some day I’ll come back to it. I expect you meant kindly by speaking to me like this. Now I’ll be getting home.”

“One word before you go,” said Morris. “We may have been seen together. They may want to know what we have spoken about.”

“Ah! that’s well thought of.”

“I offer you a clerkship in my store.”

“And I refuse it. That’s our business. Well, so long, Brother Morris, and may you find things go better with you in the future.”

That same afternoon, as McMurdo sat smoking, lost in thought, beside the stove of his sitting room, the door swung open and its framework was filled with the huge figure of Boss McGinty. He passed the sign, and then seating himself opposite to the young man he looked at him steadily for some time, a look which was as steadily returned. [246]

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HEN McMurdo awoke next morning he had good reason to remember his initiation into the lodge. His head ached with the effect of the drink, and his arm, where he had been branded, was hot and swollen. Having his own peculiar source of income, he was irregular in his attendance at his work; so he had a late breakfast, and remained at home for the morning writing a long letter to a friend. Afterward he read the Daily Herald. In a special column put in at the last moment he read, “Outrage at the Herald Office—Editor Seriously Injured.” It was a short account of the facts with which he was himself more familiar than the writer could have been. It ended with the statement:

The matter is now in the hands of the police; but it can hardly be hoped that their exertions [237]

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 11. Buah sĕntul buah kĕchapi; Kĕpala gondol di makan api. Sĕntul and kĕchapi fruit: A bald top consumed by fire.

A rhyming skit on a bald head.

12. Minyak sanyong-nyong tanak di bělanga běsi: Hang nyom mai aku nyom pi. Sanyong-nyong oil boiled in an iron pot: Come smiling to me and I will go smiling to you.

A facetious remark put in the form of a charm for inducing a meeting between a man and a maid.

Since the last Journal passed into the press the Straits Branch of the Royal Asiatic Society has lost its senior member, the Right Reverend George Frederick Hose, who died at Normandy near Guildford, Surrey, on March the 26th. Born on September 3rd, 1838, he became Chaplain of Malacca in 1868, Archdeacon of Singapore in 1874, and Bishop of Singapore, Labuan and Sarawak in 1881. He retired in 1908. While Archdeacon of Singapore our Branch of the Royal Asiatic Society was founded by his efforts; and he was our first President. An account of his work in the East will be found in the 54th part of the Journal.

He was one of those who chose the Branch's name: but before his death he had given approval to the change whereby we become the Malayan Branch;—a change which will take place with the first of next year, so that this Journal is the last that will appear under the familiar title. The series which it concludes may be dedicated appropriately to his memory.


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Rh “Nor against me?”

“No.”

“Well, that’s because he daren’t trust you. But in his heart he is not a loyal brother. We know that well. So we watch him and we wait for the time to admonish him. I’m thinking that the time is drawing near. There’s no room for scabby sheep in our pen. But if you keep company with a disloyal man, we might think that you were disloyal, too. See?”

“There’s no chance of my keeping company with him; for I dislike the man,” McMurdo answered. “As to being disloyal, if it was any man but you he would not use the word to me twice.”

“Well, that’s enough,” said McGinty, draining off his glass. “I came down to give you a word in season, and you’ve had it.”

“I’d like to know,” said McMurdo, “how you ever came to learn that I had spoken with Morris at all?”

McGinty laughed. “It’s my business to know what goes on in this township,” said he. “I guess you’d best reckon on my hearing all that passes, Well, time’s up, and I’ll just say”

But his leavetaking was cut short in a very [249]

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Rh a deal of trouble by dropping it right now. This man was with me in my saloon playing poker up to midnight, and I can bring a dozen to prove it.”

“That’s your affair, and I guess you can settle it in court tomorrow. Meanwhile come on, McMurdo, and come quietly if you don’t want a gun across your head. You stand wide, Mr. McGinty; for I warn you I will stand no resistance when I am on duty!”

So determined was the appearance of the Captain that both McMurdo and his Boss were forced to accept the situation. The latter managed to have a few whispered words with the prisoner before they parted.

“What about” he jerked his thumb upward to signify the coining plant.

“All right,” whispered McMurdo, who had devised a safe hiding place under the floor.

“I’ll bid you goodby,” said the Boss, shaking hands. “I’ll see Reilly the lawyer and take the defense upon myself. Take my word for it that they won’t be able to hold you.”

“I wouldn’t bet on that. Guard the prisoner, you two, and shoot him if he tries any games. I’ll search the house before I leave.” 252

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text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 86/Bishop G. F. Hose


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F anything had been needed to give an impetus to Jack McMurdo’s popularity among his fellows it would have been his arrest and acquittal. That a man on the very night of joining the lodge should have done something which brought him before the magistrate was a new record in the annals of the society. Already he had earned the reputation of a good boon companion, a cheery reveler, and withal a man of high temper, who would not take an insult even from the all powerful Boss himself. But in addition to this he impressed his comrades with the idea that among them all there was not one whose brain was so ready to devise a bloodthirsty scheme, or whose hand would be more capable of carrying it out. “He’ll be the boy for the clean [256]

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Rh those evil influences which were sucking him down. She went to his house, as he had often begged her to do, and made her way into the room which he used as his sitting room. He was seated at a table, with his back turned and a letter in front of him. A sudden spirit of girlish mischief came over her—she was still only nineteen. He had not heard her when she pushed open the door. Now she tiptoed forward and laid her hand lightly upon his bended shoulders.

If she had expected to startle him, she certainly succeeded; but only in turn to be startled herself. With a tiger spring he turned on her, and his right hand was feeling for her throat. At the same instant with the other hand he crumpled up the paper that lay before him. For an instant he stood glaring. Then astonishment and joy took the place of the ferocity which had convulsed his features,—a ferocity which had sent her shrinking back in horror as from something which had never before intruded into her gentle life.

“It’s you!” said he, mopping his brow. “And to think that you should come to me, heart of my heart, and I should find nothing better to do than [258]

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Rh to want to strangle you! Come then, Darling,” and he held out his arms, “let me make it up to you.”

But she had not recovered from that sudden glimpse of guilty fear which she had read in the man’s face. All her woman’s instinct told her that it was not the mere fright of a man who is startled. Guilt—that was it—guilt and fear!

“What’s come over you, Jack?” she cried. “Why were you so scared of me? Oh, Jack, if your conscience was at ease, you would not have looked at me like that!”

“Sure, I was thinking of other things, and when you came tripping so lightly on those fairy feet of yours”

“No, no, it was more than that, Jack.” Then a sudden suspicion seized her. “Let me see that letter you were writing.”

“Ah, Ettie, I couldn’t do that.”

Her suspicions became certainties. “It’s to another woman,” she cried. “I know it! Why else should you hold it from me? Was it to your wife that you were writing? How am I to know that you are not a married man—you, a stranger, that nobody knows?” [259]

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Rh are in court for murder? ‘McMurdo the Scowrer,’ that’s what one of our boarders called you yesterday. It went through my heart like a knife.”

“Sure, hard words break no bones.”

“But they were true.”

“Well, Dear, it’s not so bad as you think. We are but poor men that are trying in our own way to get our rights.”

Ettie threw her arms round her lover’s neck. “Give it up, Jack! For my sake, for God’s sake, give it up! It was to ask you that I came here today. Oh, Jack, see—I beg it of you on my bended knees! Kneeling here before you I implore you to give it up!”

He raised her and soothed her with her head against his breast.

“Sure, my darlin’, you don’t know what it is you are asking. How could I give it up when it would be to break my oath and to desert my comrades? If you could see how things stand with me you could never ask it of me. Besides, if I wanted to, how could I do it? You don’t suppose that the lodge would let a man go free with all its secrets?” [261]

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 Preface.

Literature dealing with our local Fish and Fisheries is wanting.

The members of the Profiteering Commission (1920) who were "impressed and much handicapped by the absence of any recorded information relating to fish and fisheries," made certain recommendations for the future control and organisation of the fishing industry and these recommendations have received the approval of the Government.

With the best will in the world, the task of Legislators and Fishery Officers who have no data or records to guide them, and are therefore unable to discuss our local fish and fisheries except in vague terms, would be as fruitless in the future as it has been in the past.

Allowing, therefore, that recorded information in the form of a hand-book on Malayan Fishes is wanted and wanted at once, the difficulty arises that there is no one qualified or likely to be qualified for some years to write such a book.

The ichthyologists are not linguists and the linguists are not ichthyologists.

This being the position, the writer has the temerity to offer this small work, which he hopes will be of some temporary service until, in due course, the importance of the Malayan Fisheries has been established and Fishery bulletins written by specialists are produced.

The inclusion in this volume of several hundred Malay names of fishes, many published for the first time, should lighten the labours of scientists and help the Fishery Officers.

No fishes have been included which have not been definitely recorded as inhabiting the seas, estuaries and fresh water of the Malay Peninsula.

The size of the work would have been trebled if fishes of Borneo, Java, Sumatra and the Malay Archipelago generally, together with Siam and Burma, had been admitted. It is safe to prophesy that most of the fishes of those countries inhabit our waters and will be recorded later on.

This work may be taken, therefore, as dealing, very inadequately, with one-fourth of our fishes only and probably not one-half of the local Malay names have been mentioned. The writer knows very little about fresh water fishes.


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180 The material in this book has been put together hastily during a period of five months in the intervals of considerable pressure of other work.

The plates have been beautifully prepared by Mr. Black of the Survey Department, Kuala Lumpur, but it is to be regretted that many of the fishes have been badly displayed and badly photographed.

The writer was unable to find time to be present at the Clyde Terrace Market, Singapore, where most of the photographs were taken, the fish being borrowed for a minute or two from the stall-holders, and in consequence, the specific identification of every fish from a poor photograph has been impossible, though the writer feels confident that the families and genera have been correctly given.

The writer's thanks are due to Messrs. Stead and Roughley. But for their works on Australian Fishes, from which quotations have been freely made, this work could not have been written.

To the Directors and Staff of the F. M. S. Museums and the Raffles Museum, Singapore, who have granted me facilities for consulting the reference libraries and permission to examine and photograph specimens in the Museum collections, I desire to express my indebtedness.

, Director of Supplies.

Singapore, 16th June, 1921.


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 The Hindu Element in Malay Marriage Ceremony.

It is well-known that a Malay raja when marrying a secondary wife of inferior rank often does not appear in person but is represented by his kĕris. As one might expect, this would appear to be a custom of Indian origin. Among the Tottiyans a caste of Telugu cultivators, who are probably descendants of the soldiers of the Nayakkan kings of Vijayanagar—"if a man belongs to a Zamindar's family, he is said to be of the Raja Kambala caste...... If a marriage is contracted with a woman of an inferior class, the bridegroom does not personally take part in the ceremony: a dagger (kattar) or rude sword is sent to represent him and the tali is tied in the presence thereof. In a Zamindar's suit, details of which are published in the Madras Law Reports, Vol. XVII, 1894 the judge found that the plaintiff's mother was married to the plaintiff's father in the dagger form; that a dagger is used by the Saptur zamindars who are called Kattari Kamaya, in the case of inequality in the easte or social position of the bride; that though the customary rites of the Kambala caste were also performed, yet the use of the dagger was an essential addition; and that though she was of a different and inferior caste to that of the plaintiff's father, yet that did not invalidate the marriage." (E. Thurston's Castes and Tribes of Southern India, Vol. VII, p. 190).


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 Time of Sunrise and Sunset at Singapore and Penang throughout the Year.

Accompanying this note is a chart showing the times of sunrise. and sunset at Singapore and Penang throughout the year.

Each space on the chart represents horizontally an interval of five days and vertically one minute.

A dotted curve shows the 'equation of time' (i.e. the difference between apparent solar time as indicated by a sun-dial and mean- time as recorded by the clock). Bearing in mind that by using the standard time of the 105th degree of longitude instead of that of our own longitude of 103° 50', our clocks in Singapore are 4 minutes 10 seconds ahead of the true time, this dotted line shows how very small is the variation due to our small northern latitude. In Penang the corresponding amount of 'daylight saving' is 18 minutes 36 seconds. but in addition there is quite an appreciable variation on account of latitude. In Singapore the difference be- tween the lengths of the longest and shortest days in the year is only about 9 minutes, in Penang the difference is $36 1⁄2$ minutes. At both places there are two maxima and two minima in the curves, but while in Singapore the longest evenings are in February and are entirely caused by the 'equation of time', in Penang the effect of latitude is sufficient to make the evenings longer in July than in February.

The times calculated are the Singapore standard times at which the centre of the sun's disc is visible on the horizon to an observer at the sea level, allowance being made for the fact that owing to refraction the sun is visible when in reality it is 36' below the horizon.


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 the Lord and His Divine Highness the Royal Child, His Divinity Ramesuan, were lost unto the ruler of Hongsa, and Phaya Prap and the regal elephant Phaya Nuphap were sent after, and delivered unto, the ruler of Hongsa in the town of Kamphaeng Phet, and the ruler of Hongsa then sent His Divinity Mahathammarachathirat the Lord and His Divine Highness Ramesuan the Lord unto the Divine City of Glorious Ayutthaya.

In the year 911, the Year of the Rooster (2092 BE), on Saturday, the tenth waxing-moon day of the second month, a bull white elephant a little over four sok tall was obtained from the region of the Tanaosi Wood. He was clept Patchainakhen. On that occasion, the raising of walls for the Divine City of Glorious Ayutthaya was ordered to be commenced.

In the year 912, the Year of the Dog (2093 BE), in the eighth month, on the second waxing-moon day, the royal ceremony of pathommakam was held for His Divine Highness Mahachakkraphat the Lord in the district of Tha Daeng, with Phra Kammawacha as phruetthibat, Phra Phichet as atsadachan, and Phra Inthro as kammakan.

In the year 914, the Year of the Rat (2095 BE), on that occasion, sae barges were ordered to be modified into chai [barges] and animal-headed barges.

In the year 915, the Year of the Ox (2096 BE), in the seventh month, commenced was the holding of the royal ceremony of matthayommakam for His Divine Highness Mahachakkraphat in the district of Chai Nat Buri.

In the year 916, the Year of the Tiger (2097 BE), [His Divine Highness] went to corral elephants in Bang Lamung District, where He obtained three score bull and cow elephants. In addition, in the twelfth month, a bull white elephant a little over four sok tall was obtained from the region of the Kanchanaburi Wood. He was clept Phra Khachenthrodom.

In the year 917, the Year of the Rabbit (2098 BE), on Monday, the seventh waning-moon day of the seventh month, a bull white elephant a little over four sok and one khuep tall was obtained from the region of the Phetchaburi Wood. He was clept Phra Kaeosongbat.


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Letter 3, 1st January 1930 IMG 0331

Indian army officers returning sick or wounded from the front – and such officers, after being three months sick etc. revert automatically to the India office.

Therefore departments like Staff, Signals, Flying Corps, Munitions, et cetera refuse to take on I.A. officers unless they know they can have them for good. They are not going to waste time training them so long as they may be bagged any time by the India Office or the Foreign Office.

The reason why I think you will find difficulty in getting this certificate from India or Foreign Offices is that the Indian folk are seriously concerned at the growing shortage of experienced officers and are sending back to the East any and every officer they can possibly manage

 * Sorry old bird
 * Yours aye
 * Leonard, Bethell

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Letter 3, 1st January 1930

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New Clan Dorking New Year’s Day

My dear Bailey

So many thanks from us both for your card at Xmas. The best of good wishes to you for the New Year: and may Nepal turn out to be all that you may hope of it.

I looked carefully through the New Year lists this morning but could find no trace of you. I know you care little for these things: but your friends do, on your behalf. Dawkes, however, appeared: and by his time in Kathmandu, new status has developed “according to plan” one will expect greater things for you than the courteous nod that he got when he laid it down.

I still have hopes that you will let me, some

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day, do that biography of the time we had together and the events adjoining: but I agree it would be rummie(?) now. You would, in any case, have a full draft copy of it to blue pencil before I sent it up to G.W.B. (Blackwood). But all that time is full of the


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 most promising stuff: and with the help of old diaries would make a long and interesting paper.

I’m getting concerned about the way the initials “F.R.G.S.” are being commercialised. You’ve only to look through the advertisements of people running cruises, winter sports parties, hired safaris for C. African Shikhar, (and all the other ways in which people who are not competent to, spend good money on voluntary travel) to find how many of the promotions show F.R.G.S. after their names, as a bait. Ever since Curzon's megalomania of expansion with Kensington Gore, his council have had to go body(?) snatching for new members: and this commercialisation of the membership

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qualification is a direct result. Some years ago I put it up to the council that the list should be divided into “A.R.G.S.” (associates) whose fees would come in, as they do now, often from people who have never seen the white side of Dover Cliffs, and who certainly have never been a mile from a cooked dinner in all their lives – and the “F.R.G.S.” (fellows), whose qualifications would be scrutinised by the council in terms such as those which you and I know. The latter might be trusted (as doctors, indeed, are compelled) not to use the qualification for rewarding or commercial ends. The final result would be an enhancement of the “izzat” of the whole show: especially if the “A”’s were told that they could be promoted to “F” for subsequent active work done: and, as for the change being a loss to the society, one would foreseeably expect a larger number of

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candidates.

I got a very courteous letter back, saying that the Council didn’t see their way to risking the loss of fees in making the change. They were quite frank about the fact that fees, alone, were the obstacle. So I dropped it.

But if you – as you probably will be – are re-elected to the Council when you return, do you think you could keep this suggestion up your sleeve for a second chance of presenting it? What I’m so afraid of is that if the present state of affairs goes on, some almighty slump may suddenly take place, and fellows withdraw their names wholesale. Whereupon, it would be a case of Humpty Dumpty, the thing would be irreparable.

Do let me have a line sometimes about your new surroundings: and please accept my assurance, that nothing you tell me, directly or indirectly, will ever be printed or published.

 * Yours sincerely.
 * L. Bethell

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Letter 4, 10th May 1930


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 snapped as they twined and hawked above the pool; the swifts' wings whirred like musket-balls, as they rushed screaming past his head; and ever the river fleeted by, bearing his eyes away down the current, till its wild eddies began to glow with crimson beneath the setting sun. The complex harmony of sights and sounds slid softly over his soul, and he sank away into a still day-dream, too passive for imagination, too deep for meditation, and

Blame him not. There are more things in a man's heart than ever get in through his thoughts.

On a sudden, a soft voice behind him startled him.

'Can a poor Cockney artist venture himself along this timber without falling in?'

Lancelot turned.

'Come out to me, and if you stumble, the naiads will rise out of their depths, and 'hold up their pearled wrists' to save their favourite.'

The artist walked timidly out along the beams, and sat down beside Lancelot, who shook him warmly by the hand.

'Welcome, Claude Mellot, and all lovely enthusiasms and symbolisms! Expound to me, now, the meaning of that water-lily leaf and its grand simple curve, as it lies sleeping there in the back eddy.'

'Oh, I am too amused to philosophise. The fair Argemone has been just treating me to her three hundred and sixty-fifth philippic against my unoffending beard.'


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Letter 4, 10th May 1930 IMG 0336

New Clan Dorking 10 . V. 30

My dear Bailey,

I have just been lunching with James Blackwood – who tells me that to the best of his knowledge you are not moving from Drummond Place, and will continue to live there. Is this so?

I ask for two reasons – firstly, because it would be a disappointment to your friends in the South if you were to fly once more to inaccessible regions – and secondly, because I still have the local Agents busy finding you the sort of house you described when you talked of the

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possibility of settling in Surrey. J.B. may have got hold of the muddy end of the stick; He may, on the other hand, have more recent news of you than mine – now a month or two old.

===

You remember our jaunt, with Martin, down the Dibang, when we tore the bottom out of his Berthon boat? See “Maga” of June 1st – forthcoming. I'm afraid I've had to elaborate what was merely a lark into something longer – and add a few trimmings, surrounding circumstances which never happened, in order to make a rather longer story of it. The lies you will spot at once; but several of the other incidents you will recognise. I thought I'd better warn you of the fictitious nature of some of the details,

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and the reasons for them, since George Blackwood, who always likes to see behind the scenes in these contributions, if possible, knows that “Baird” = Bailey and “Marriott” = Martin.

===

When are we to see you and Mrs Bailey down here? Can you make the time for a jaunt, and time to break bread?

===

Do you ever go to the R.G.S. evening meetings? I shall be at that of May 19th – as I am bidden to dine with the Kramer(?) Club that evening, and to go on afterwards to hear Schomberg read his paper on the Thian Shan. He ought to be interesting.

 * Best luck. Yours v. sincerely
 * L. A. Bethell


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(not clear if this letter continues after the signature, or a sheet has been lost)

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If you’d not mind a moderate height above sea level, Bhim Tal and around Naukuchia Tal are quiet; and the lakes hold some rather reluctant and unenterprising mahseer. Live in the dak bungalow, as former.

On the whole, if I had your choice, I'd plump for the places in the following order:

 * − Kulu – out and out the best. You'd love it.
 * − Bhoura: v. good, if you can get in.
 * − The Gali’s: ditto (not quite so good)

The rest tail on, as indicated.

NB: I should avoid being made bear leader, if I were you. It would spoil the whole show, and the retinue would bully your servants no end. However you know all about that.

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Yes, I'm “Mauser” in the Sphere and Graphic, (also “Punjabi”, “Peter Paul”, “Forepoint Severn” etc. etc. in other publications – and my own initials in R.G.S. book reviews). But keep it dark: I spend a lot of time covering up my tracks – a thing which gives liberty of action when writing on contentious political subjects and prevents interference by Mil. Dept. India Office, who are meddlesome.

Just now, I'm onto a far more interesting job. George Blackwood is bringing out a 12 volume anthology of all things of “Tales from the Outposts” nature. Each vol. 75 to 100,000 words: different subjects, frontier, exploration, administration, shikar, sea, small wars, Great War, etc. It will involve

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digging through all the bound volumes of Maga for the last 40 years, and getting the best in each subject out by various authors: a colossal job taking about 8 hours a day, seven days a week, for five to six months. He's made me general editor of the whole series: and, if it's successful, probably another dozen to follow: Lord knows, there's material enough. So, for the moment, I've shut down all other work: only done 11 volumes, so far (half yearly ones) and there are 69 more to go! Each vol. twice as thick as the Army List.

But don't mutter a word: I'm not at all sure he wants it talked about in advance of publication. But if you hear I've suddenly gone off my nut, and am eating hay under a tree, you will know what has caused it.

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I told G.B. I was trying to induce you to write some more, and he was – and still is – looking forward to it; I wish you would: he'd like anything you sent, like a short. But


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Letter 5, 10th March 1931 now I suppose you'll say it’s Napoo! Can't you manage something? With your store of memories, it should be as easy as makes no matter. Do try.

Sorry for writing at such length – and about myself. Bad plan. But I always seem to run on, when I scribble to you. Not to others.

 * Best of luck in the New Year.

 * Yours ever

 * L. A. Bethell

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Letter 5, 10th March 1931

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New Clan Dorking 10 . III. 31

My dear Bailey,

Thanks for yours of 14th February. I am glad you are taking advice for Kulu. It is an enchantment – especially in peace and quiet and the deodars – but the people are ‘orrid: men without courage or honesty – and women without shame – both sexes honey combed with venereal, so I should watch the plates and cups at dak bungalows and have ‘em wiped down before you use them. If, as I hope, you get as far up the valley as MANAULI, climb up with the BASHIST Nullah, just above, where bears are confiding and frequent – black and red. I don't know if I said this in my last letter – wish I were coming with you. I've been shivering for four months, and for a week we've been deep in snow.

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They seem to be doing you well in shikar, where you are – tigers and things. I remember your crowd well, at the Turban-ation in 1903: very mediaeval – and a procession of retainers, stuck about all over with mistri-made cutlery, mounted on pink-nosed squealing stallions: taught, if I remember rightly, to walk wild in arena on their hind legs, and beating time with their forelegs in the air – the rider most insecurely perched. They got more cheers than all the upholstered elephants.

Yes – I expect there will be some headaches when the Princes try to make head or tail of the present negotiations. It is only in the last few weeks that we have had any “lux in tenebris” over here: and now that Churchill has taken a strong lead, and had some brainy men behind him, he has induced that

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 'Why, what fault can she find with such a graceful and natural ornament?'

'Just this, my dear fellow, that it is natural. As it is, she considers me only 'intellectual-looking.' If the beard were away, my face, she says, would be 'so refined!' And, I suppose, if I was just a little more effeminate and pale, with a nice retreating under-jaw and a drooping lip, and a meek peaking simper, like your starved Romish saints, I should be 'so spiritual!' And if again, to complete the climax, I did but shave my head like a Chinese, I should be a model for St. Francis himself!'

'But really, after all, why make yourself so singular by this said beard?'

'I wear it for a testimony and a sign that a man has no right to be ashamed of the mark of manhood. Oh, that one or two of your Protestant clergymen, who ought to be perfect ideal men, would have the courage to get up into the pulpit in a long beard, and testify that the very essential idea of Protestantism is the dignity and divinity of man as God made him! Our forefathers were not ashamed of their beards; but now even the soldier is only allowed to keep his moustache, while our quill-driving masses shave themselves as close as they can; and in proportion to a man's piety he wears less hair, from the young curate who shaves off his whiskers, to the Popish priest who shaves his crown.'

'What do you say, then, to cutting off nuns' hair?'

'I say, that extremes meet, and prudish Manichæ


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 backboneless wobbler Baldwin to give him his official approval. But B. is at the mercy of the latest wind that blows, and will never be a leader. There doesn't seem to be a man left in this distracted land of ours. Anybody who took his courage in his hands, spoke up, and shamed the devil, could be leader of our Party. The whole nation, if only we would realise it, is sick of parliament – Socialist, Rad. or Tory – and is simply aching for a Dictator. I think we shall have to borrow Mussolini before long.

Yes – this anthology is the hardest work I've struck: over two or three quarter million words slogged through, analysed, and recorded – and only 134 articles selected. About one in five is the average I estimate for

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inclusion – your “Day in Tibet” is earmarked for the “Frontiers” volume: your “Takin” for the “Shikar” volume and your “Beetle Game” will join the one volume which contains the smiles, a volume called “In Lighter Vein”. I've only worked up to mid1915 so far, and three months work behind me: it will be the end of May before all is finished – and then comes the proof correcting of 12 × 100,000 words – and a Preface to be written to each of the dozen volumes. On top of that comes the correspondence with 70 or 80 separate authors on rights of reproduction. Purely for your own information (and don't let it get about before the time is ripe, or it might set the more grasping one's thinking, and planning bigger prices) we are going to offer each author £5 for right of reproduction – in each article

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reproduced. They ought to agree as it will be a bit of unexpected jam on the bread and butter they've already drawn at the time of first publication: and, anyhow, if a fellow is notified that his stuff has been “selected” for the Anthology, he ought to feel pleased enough to make him accept the fiver with a smile. Anyhow, there will be no fudge about the “selecting” part, anybody who gets in will find himself in damned good company: as I say, about four out of five get turned down. Of course, I am not the last word: the brothers Blackwood will have the final Yea or Nay after I've put up the summary of each volume, and they've read each through. But I expect they'll have only minor corrections to make.

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Very little other news – my boy has broken down, and we've had to take him away from Stowe after three years – leaving and breaking arrangements all to blazes: I've got him down for Trinity, Cambridge, but it rather looks as if he wouldn't be fit for much more.

Have you seen O'Connor's new book – “On the Frontier and Beyond” – you remember him with Younghusband, of course. The R.G.S. have asked me to review it when their copy turns up. Visser read an excellent paper on the Karakorum the other day: he's quite a workman, with a hard-working wife. The two of them sail up crags like goats – and they seem to prefer glaciers to dry land. Something new to me is Hollanders – who live in endless flats at home.

 * Best of luck, Bailey


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Letter 6, 9th April 1931 ::::::::Very sincerely
 * L. A. Bethell

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Letter 6, 9th April 1931

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(Note at the top)

Forgive this address – I've lost the one in India which you gave me.

New Clan Dorking 9 . IV. 31

My dear Bailey,

Please see this month's R.G.S. journal, page 373 – line 11 from top. I had no idea before reading this that there is now a motor road direct into Kulu. It seems rather as if it works in from the due South – or Simla direction, but it may be a continuation of the Pathankot – Palanpur road up the Kangra valley. In either case it should make Kulu accessible to you if that is your obstacle: though, undoubtedly, it has great disadvantage of intruding travel. I always looked on Kulu as one of the few surviving

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oases in a world flooded with petrol – but it now seems to have gone the way of the Sahara and Chinese Turkestan.

However, if you get to MANAULI near the head of the valley, you will find peace and the odour of deodars. If you do, mind you take a rifle – not less heavy than 0.350. The bears, both red and brown, in the BASHIST Nullah, a morning’s climb from M. dak bungalow, eat out of your hand. But you will need a tent, as you “sit” for their feeding grounds in the forest at earliest dawn, or before: and at late dusk.

No more now. The Anthology approaches completion.

 * Best luck.

 * Yours ever

 * L. A. Bethell

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Letter 7, 5th March 1934

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 ism always ends in sheer indecency. Those Papists have forgotten what woman was made for, and therefore, they have forgotten that a woman's hair is her glory, for it was given to her for a covering; as says your friend Paul the Hebrew, who, by the by, had as fine theories of art as he had of society, if he had only lived fifteen hundred years later, and had a chance of working them out.'

'How remarkably orthodox you are!' said Lancelot, smiling.

'How do you know that I am not? You never heard me deny the old creed. But what if an artist ought to be of all creeds at once? My business is to represent the beautiful, and therefore to accept it wherever I find it. Yours is to be a philosopher, and find the true.'

'But the beautiful must be truly beautiful to be worth anything; and so you, too, must search for the true.'

'Yes; truth of form, colour, chiaroscuro. They are worthy to occupy me a life; for they are eternal—or at least that which they express and if I am to get at the symbolized unseen, it must be through the beauty of the symbolizing phænomenon. If I, who live by art, for art, in art, or you either, who seem as much a born artist as myself, am to have a religion, it must be a worship of the fountain of art—of the

'As poor Shelley has it; and much peace of mind


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 to a difference in view or the product of agency expertise.”, 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983). “A court reviewing the agency decision ‘must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.’ ”, 528 F.3d 1329, 1332 (Fed. Cir. 2008) (quoting , 419 U.S. 281, 285, 95 S.Ct. 438, 42 L.Ed.2d 447 (1974)). “An abuse of discretion occurs where the decision is based on an erroneous interpretation of the law, on factual findings that are not supported by substantial evidence, or represents an unreasonable judgment in weighing relevant factors.” “The focal point for judicial review [under the APA] should be the administrative record already in existence.”, 368 F. Supp. 3d 974, 986 (E.D. Va. 2019) (alterations in original) (quoting, 411 U.S. 138, 142, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973)), 826 F. App’x 272 (4th Cir. 2020). Under Fed. R. Civ. P. 56(a), summary judgment is appropriate where the movant shows that there is no “genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”

B.

The USPTO argues that its interpretation of the various provisions of the Patent Act at issue here—primarily 35 U.S.C. §§ 100 and 115—is entitled to deference pursuant to the Supreme Court’s decision in, which accords deference to agency interpretations of statutory provisions that “constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance to the extent that those decisions have the power to persuade.” 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944). “The weight of such a judgment in a particular case will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control.” Similarly, the Federal Circuit has held that "the Supreme Court intends for us to defer to an agency interpretation of the statute that it administers if the agency has conducted a careful analysis of the statutory issue, if the agency’s position has been consistent and reflects agency-wide policy, and if the agency’s position constitutes a reasonable conclusion as to the proper construction of the statute, even if we might not have adopted that construction without the benefit of the agency’s analysis."

, 400 F.3d 1352, 1366 (Fed. Cir. 2005).

Plaintiff argues that defendants are not entitled to deference because defendants did not “consider alternative interpretations or statutory constructions or the constitutional imperative in rejecting the Applications,” did not “provide any evidence that Congress intended to exclude AI-[g]enerated [i]nventions from patentability,” and did “not engage with the effects of their interpretation.” [Dkt. No. 28] at 9. Plaintiff’s arguments are rejected because they attempt to add requirements for deference that are counter to Supreme Court and Federal Circuit holdings. Contrary to plaintiff’s unsupported assertions as to inadequate consideration of “alternative interpretations,” the USPTO’s interpretation of the Patent Act was carefully considered and was consistent with the Patent Act’s language and the

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 it gave him!' answered Lancelot. 'I have grown sick lately of such dreary tinsel abstractions. When you look through the glitter of the words, your 'spirit of beauty' simply means certain shapes and colours which please you in beautiful things and in beautiful people.'

'Vile nominalist! renegade from the ideal and all its glories!' said Claude, laughing.

'I don't care sixpence now for the ideal! I want not beauty, but some beautiful thing—a woman, perhaps,' and he sighed. 'But at least a person—a living, loving person—all lovely itself, and giving loveliness to all things! If I must have an ideal, let it be, for mercy's sake, a realised one.'

Claude opened his sketch-book.

'We shall get swamped in these metaphysical oceans, my dear dreamer. But lo, here come a couple, as near ideals as any in these degenerate days—the two poles of beauty; the milieu of which would be Venus with us Pagans, or the Virgin Mary with the Catholics. Look at them! Honoria the dark—symbolic of passionate depth; Argemone the fair, type of intellectual light! Oh, that I were a Zeuxis to unite them instead of having to paint them in two separate pictures, and split perfection in half, as everything is split in this piecemeal world!'

'You will have the honour of a sitting this afternoon, I suppose, from both beauties?'

'I hope so, for my own sake. There is no path