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118 For, in less time than I write it, all the meeting got upset With “precipitating” missiles which did not come from Tibet; And the things they called each other in their anger were a sin— Till the public got disgusted, and the temple roof caved in.

And this is all I have to say of these improper games, For I live at Table Mountain and my name is Truthful James; And I’ve told in simple language all I know about the fray That broke up our Society upon the Himalay.

F. E. G.


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Much Madness is divinest Sense—

 * "Much madness is divinest sense" in Poems (1890)
 * "Much madness is divinest sense" in The Complete Poems of Emily Dickinson (1924)

title: Much Madness is divinest Sense—


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I asked no other thing—

 * "I asked no other thing" in Poems (1890)
 * "I asked no other thing" in The Complete Poems of Emily Dickinson (1924)

title: I asked no other thing—


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Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/127

Rh

“It is rather a squalid fight between the augurs that the curtain has been raised upon; but it has got to be fought out now before the public, and it is in vain to try to ring the curtain down again.”


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It All Depends on You

 * "It All Depends on You" (1926), the original sheet music
 * "It All Depends on You" (1928), a rendition performed by Al Jolson in the part-talkie musical film The Singing Fool

title: It All Depends on You


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Rh

To the of

—You have published slanderous articles against the Theosophical Society, using me as the person; you have asked for a reply; I send it to you and ask that it be given place in your paper.—Yours truly,

Theosophical Society, American Section,

 General Secretary’s Office, New York, Nov. 26.

To the of

—At the time your articles directed against the Theosophical Society under the above title were appearing, I was lecturing in the country, and only within a few days have I seen your last numbers. Time is required for writing on such a subject, and at this distance from London I cannot be accused of much delay. With the greatest interest and amusement I have read your long series of articles. The writer is an able man, and you and he together constitute one of the advertising agencies of the Theosophical Society. The immense range of your notices cannot be well calculated, and very truly we could never pay for such an advertisement. Do you mind keeping this part of my letter as all the remuneration we can give you for the work done by


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Author:Lew Brown

Lyrics

 * "It All Depends on You" (1926), with Buddy DeSylva

title: Author:Lew Brown


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text:
Author:Ray Henderson

Compositions

 * "It All Depends on You" (1926)

title: Author:Ray Henderson


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Page:Lady Chatterley's Lover by DH Lawrence.djvu/24

 thrilled. He talked every thing over with her monotonously, insistently, persistently, and she had to respond with all her might. It was as if her whole soul and body and sex had to rouse up and pass into these stories of his. This thrilled her and absorbed her.

Of physical life they lived very little. She had to superintend the house. But the housekeeper had served Sir Geoffrey for many years, and the dried-up, elderly, superlatively correct female you could hardly call her a parlourmaid, or even a woman  who waited at table, had been in the house for forty years. Even the very housemaids, were no longer young. It was awful! What could you do with such a place, but leave it alone! All these endless rooms that nobody used, all the Midlands routine, the mechanical cleanliness and the mechanical order! Clifford had insisted on a new cook, an experienced woman who had served him in his rooms in London. For the rest the place seemed run by mechanical anarchy. Everything went on in pretty good order, strict cleanliness, and strict punctuality; even pretty strict honesty. And yet, to Connie, it was a methodical anarchy. No warmth of feeling united it organically. The house seemed as dreary as a disused street.

What could she do but leave it alone So she left it alone. Miss Chatterley came sometimes, with her aristocratic thin face, and triumphed, finding nothing altered. She would never forgive Connie for ousting her from her union in consciousness with her brother. It was she, Emma, who should be bringing forth the stories, these books, with him; the Chatterley stories, something new in the world, that they, the Chatterleys, had put there. There was no other standard. There was no organic connection with the thought and expression that had gone before. Only something new in the world: the Chatterley books, entirely personal.

Connie's father, when he paid a flying visit to Wragby, said in private to his daughter: As for Clifford's writing, it's smart, but there's nothing in it. It won't last! Connie looked at the burly Scottish knight who had done himself well all his life, and her eyes, her big, still-wondering blue eyes became vague. Nothing in it! What did he mean by nothing in it? If the critics praised it, and Clifford's name was almost famous, and it even brought in money what did her father mean by saying there was nothing in Clifford's writing? What else could there be?


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Page:Poems for Workers - ed. Manuel Gomez (1925).djvu/9

 "The Song of the Classes"

By

Chartist leader and poet, 1819–1869; sentenced in 1848 to two years imprisonment.

We plough and sow—we're so very, very low

That we delve in the dirty clay,

Till we bless the plain—with the golden grain,

And the vale with the fragrant hay.

Our place we know—we're so very low.

'Tis down at the landlord's feet:

We're not too low—the bread to grow,

But too low the bread to eat.

Down, down we go—we're so very, very low,

To the hell of the deep sunk mines,

But we gather the proudest gems that glow

Where the crown of a despot shines.

And whenever he lacks—upon our backs

Fresh loads he deigns to lay:

We're far too low to vote the tax,

But not too low to pay.

We're low—we're low—mere rabble, we know,

But at our plastic power

The mould at the lordlings' feet will grow

Into palace and church and tower—

7


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I'm Sitting on Top of the World

 * "I'm Sitting on Top of the World" (1925), the original sheet music
 * "I'm Sitting on Top of the World" (1928), a rendition performed by Al Jolson in the part-talkie musical film The Singing Fool

title: I'm Sitting on Top of the World


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Page:Poems for Workers - ed. Manuel Gomez (1925).djvu/10

 Then prostrate fall—in the rich man's hall,

And cringe at the rich man's door:

We're not too low to build the wall,

But too low to tread the floor.

We're low—we're low—we're very, very low,

Yet from our fingers glide

The silken flow—and the robes that glow

Round the limbs of the sons of pride.

And what we get—and what we give—

We know, and we know our share:

We're not too low the cloth to weave,

But too low the cloth to wear.

We're low—we're low—we're very, very low,

And yet when the trumpets ring,

The thrust of a poor man's arm will go

Through the heart of the proudest king.

We're low—we're low—our place we know

We're only the rank and file,

We're not too low to kill the foe,

But too low to touch the spoil.

8


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Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/130

122 you in thus advertising the movement and bringing prominently to the notice of your public the long-forgotten but true doctrine of the possible existence of such beings as Professor Huxley says it would be impertinent to say could not exist in the natural order of evolution?

And while I look at it all as an advertisement, I cannot admire the treason developed therein, nor the spiteful unworthy tone of it, nor the divergence from fact in many cases when it suited the purpose, nor the officious meddling in the private affairs of other people, nor the ignoring and falsification in respect to possible motive, made out by you to be gain by some of us, when the fact is that we are all losers of money by our work. That fact a candid person would have stated, and marvelled at it that we should be willing to slave for the Theosophical Society, and always spend our money. Such a person would have given “the devil his due.” You have suppressed it and lied about it, and hence it is not admirable in you, but is quite mean and low. You advertise us and then try to befoul us. Well, we gain by the advertisement, and the course of time will wipe off the small stain you try to paint upon us. When you and your ready writer are both dead and forgotten, and some of you probably execrated for offences not as yet exposed, we will still live as a body and be affecting the course of modern thought, as we have been doing for nearly twenty years.

I am the principal object of your attack, though you also cruelly abuse a woman who has long enough fought the world of your conventional nation, and perhaps you expect me to either rise and explain, or keep silent. Well, I will do neither. I will speak, but cannot fully explain. Your paper is a worldly forum, a sort of court. In it there is neither place nor credence for explanations which must include psychic things, facts, and laws, as well as facts and circumstances of the ordinary sort. Were I to explain in full, no one would believe me save those students of the occult and the psychical who know psychic law and fact. Those who doubt and wish ail to be reduced to the level of compass and square, of eye and word of mouth, would still be doubters. Nothing would be gained at all. That difficulty no intelligent person who has had psychic experience can overlook. That


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Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/131

Rh is why you are quite safe from a suit for libel. I assure you that had you published something not so inextricably tangled up with psychic phenomena I should be glad to have you in court, not to soothe wounded feelings I have not, but to show that our faulty law and so-called justice do sometimes right some wrongs.

Let me first emphatically deny the inference and assertion made by you, that I and my friends make money out of the T.S., or that the organisation has built up something by which we profit. This is untrue, and its untruth is known to all persons who know anything at all about the society. No salaries are paid to our officers. We support ourselves or privately support each other. I have never had a penny from the society, and do not want any. The little magazine, the Path, which I publish here in the interest of the society, is not supported by subscriptions from members, but largely by others, and it is kept up at a loss to me which will never be repaid. I publish it because I wish to, and not for gain. Thousands of dollars are expended in the T.S. work here each year over and above what is paid in for fees and dues. The dues are but four shillings a year, and three times as much as that is expended in the work. Where does it come from? Out of our private pockets, and if I had a million I would spend it that way. My friends and myself give our money and our time to the society without hope or desire for any return. We may be fanatics—probably are—but it is false and malicious to accuse us of using the society for gain. The only payment we get is the seeing every day the wider and wider spread of Theosophical theories of life, man, and nature. I am ready to submit all our books and vouchers to any auditor to support these statements. And you were in a position to find out the facts as I have given them.

It is also absolutely untrue, as you attempt to show or infer, that the society grows by talking of the Mahatmas or Masters, or by having messages sent round from them. The movement here and elsewhere is pushed along the line of philosophy, and each one is left to decide for himself on the question of the Mahatmas. “Messages from the Masters” do not go flying round, and the society does not flourish by any belief in those being promulgated. Nor am I, as you hint, in


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There's a Rainbow 'Round My Shoulder

 * "There's a Rainbow 'Round My Shoulder" (1928), the original sheet music
 * "There's a Rainbow Around My Shoulder" (1928), a rendition performed by Al Jolson in the part-talkie musical film The Singing Fool

title: There's a Rainbow 'Round My Shoulder


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Author:Dave Dreyer

Lyrics

 * "There's a Rainbow 'Round My Shoulder" (1928), with Al Jolson and Billy Rose
 * "Lonesome" (1928), with Herman Ruby

title: Author:Dave Dreyer


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Page:Chapters on Jewish literature (IA chaptersonjewish00abra).pdf/199

Rh

doing Purify thy body, the dwelling-place of thy soul Give of all thy food a portion to God. Let God’s portion be the best, and give it to the poor.” The will of the translator Judah Ibn Tibbon (about 1190) contains at least one passage worthy of Ruskin: “Avoid bad society, make thy books thy companions, let thy book-cases and shelves be thy gardens and pleasure-grounds. Pluck the fruit that grows therein, gather the roses, the spices, and the myrrh. If thy soul be satiate and weary, change from garden to garden, from furrow to furrow, from sight to sight. Then will thy desire renew itself, and thy soul be satisfied with delight.” The will of Nachmanides is an unaffected eulogy of humility. Asher, the son of Yechiel (fourteenth century), called his will “Ways of Life,” and it includes 132 maxims, which are often printed in the prayer-book. “Do not obey the Law for reward, nor avoid sin from fear of punishment, but serve God


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text: Chapters on Jewish Literature/Chapter 19


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Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/132

124 the habit of sending such messages about the society, nor of influencing the course of affairs by using any such thing. Send out and ask all the members and you will find I am correct. It is true that those Masters tell me personally what I am to do, and what is the best course to take, as they have in respect to this very letter, but that is solely my own affair. Could I be such a fool as to tell all others to go by what I get for my own guidance, knowing how weak, suspicious, and malicious is the human nature of to-day? You are on the wrong tack, my friend.

But you were right when you say that Mrs. Besant made a remarkable change in respect to me. That is true, and Mr. Chakravarti whom you name is, as you correctly say, the person who is responsible for it. Before she met Chakravarti she would not have dreamed of prosecuting me. This is a matter of regret, but while so, I fail to see how you aid your case against me by dragging the thing in thus publicly, unless, indeed, you intend to accuse him and her of going into a conspiracy against me.

There are two classes of “messages from the Masters” charged to me by you and by that small section of the T.S. members who thought of trying me. One class consists of notes on letters of mine to various persons; the other of messages handed to Mrs. Besant and Colonel Olcott and enclosure found in a letter to Colonel Olcott from a man in California.

I have never denied that I gave Mrs. Besant messages from the Masters. I did so. They were from the Masters. She admits that, but simply takes on herself to say that the Master did not personally write or precipitate them. According to herself, then, she got from me genuine messages from the Masters; but she says she did not like them to be done or made in some form that she at first thought they were not in. I have not admitted her contention; I have simply said they were from the Master, and that is all I now say, for I will not tell how or by what means they were produced. The objective form in which such a message is of no consequence. Let it be written by your Mr. Garrett, or drop out of the misty air, or come with a clap of thunder. All that makes no difference save to


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Rh the vulgar and the ignorant. The reality of the message is to be tested by other means. If you have not those means you are quite at sea as to the whole thing. And all this I thought was common knowledge in the Theosophical world. It has long been published and explained.

One of those messages to Mrs. Besant told her not to go to India that year. I got it in California, and then telegraphed it to her in substance later, sending the paper. I had no interest in not having her go to India, but knew she would go later. The other messages were of a personal nature. They were all true and good. At the time I gave them to her I did not say anything. That I never denied. It was not thought by me necessary to insult a woman of her intellectual ability, who had read all about these things, by explaining all she was supposed to know. Those who think those messages were not from the Master are welcome to doubt it so far as I am concerned, for I know the naturalness of that doubt.

When Colonel Olcott resigned I was first willing to let him stay resigned. But I was soon directed by another “message” to prevent it if I could, and at once cabled that to him, and went to work to have the American Section vote asking him to stay in office. As I was the person mentioned to succeed him, we also, to provide for contingencies, resolved that the choice of America was myself as successor. But when he revoked, then my successorship was null and void until voted on at another period not yet reached. But it is absolutely false that I sent an emissary to him when I found he was minded to stay in office. Ask him on this and see what he says. I leave that to him. Truly enough I made an error of judgment in not telling the influential London members of my message when I told Olcott. But what of that? I did not tell the Americans, but left their action to the dictates of their sense and the trend of friendship and loyalty to our standard-bearer. The English voted against Olcott by doing nothing, but I asked them in the same way as I asked the Americans to request him to revoke. They had their chance. As India had done the same as America I saw the vote was final as my message directed, and so I dropped it from my mind—one of my peculiarities. I certainly did


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text:
Page:Unclos e.djvu/55

61 :(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
 * (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
 * (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
 * (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
 * (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

''Article 102 Piracy by a warship, government ship or government aircraft whose crew has mutinied''

The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.

''Article 103 Definition of a pirate ship or aircraft''

A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.

''Article 104 Retention or loss of the nationality of a pirate ship or aircraft''

A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft. The retention or loss of nationality is determined by the law of the State from which such nationality was derived.

''Article 105 Seizure of a pirate ship or aircraft''

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.

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Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/134

126 not use any pressure by way of “messages from the Masters” on anyone as to that, save on Olcott. And he reported a message to the same effect to himself. Did I invent that also? My message to him was copied by me on my type-writer and sent to him. I did it thus because I knew of spies about Olcott, of whom I had warned him to little effect. One of those confessed and committed suicide, and the other was found out.

A message was found in a letter from Abbot Clark, a Californian, to Colonel Olcott. This, you say, I made and put in the letter. I have the affirmation of Mr. Clark on the matter, which I send you herewith to be inserted at this place if you wish. It does not bear out your contention, but shows the contrary. It also shows that his letter to Colonel Olcott was opened in India by some other person before being sent on to Colonel Olcott. You can make what inference you like from this.

Your statement about putting a question in a cabinet for an answer when I stayed in the room and Mrs. Besant went out is false. No such thing tock place. I deny that there was any such thing as a reception of “answers in a sealed envelope in a closed drawer.” That is supreme bosh from beginning to end, and cannot be proved by anybody’s testimony, unless you will accept perjury.

At the same time I can now say, as the sole authority on the point, that several of the contested messages are genuine ones, no matter what all and every person, Theosophist or not, may say to the contrary.

You have much talk about what you say is called the Master’s seal. You have proved by the aid of Colonel Olcott that the latter made an imitation in brass of the signature of the Master and gave it to H.P.B. as a joke. You trace it to her and there you leave it, and then you think I am obliged to prove I did not get it, to prove negatives again, when it has never been proved that I had it. I have long ago denied all knowledge of Master’s seal either genuine or imitated. I do not know if he has a seal; if he has, I have not yet been informed of it; the question of a seal owned by him as well as what is his writing or signature are both still beclouded. None of the members who have been in this recent trouble know what is the writing, or the


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text:
Sonny Boy

 * "Sonny Boy" (1928), a popular song by various authors, originally written for the film The Singing Fool

title: Sonny Boy


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Crain v. United States/Dissent Peckham

, with whom concurred and, dissenting.

I dissent from the judgment of the court in this case. It seems to me to proceed, not alone upon the merest technicality, but also upon an unwarranted presumption of error arising from the absence of a formal statement in the record showing that the defendant was duly arraigned and pleaded not guilty, although the inference that he was so arraigned and that he did thus plead seems to be plain from the facts which the record discloses. At a certain period of English history, when an accused person had no right to be represented by counsel, and when the punishments for crimes were so severe as to shock the sense of justice of many judges who administered the criminal law, it was natural that technical objections which, perhaps, alone stood between the criminal and the enforcement of a most severe, if not cruel, penalty, should be accorded great weight, and that forms and modes of procedure, having really no connection with the merits of a particular case, should be insisted upon as a sort of bulwark of defense against prosecutions which might otherwise be successful, and which at the same time ought not to succeed. These times have passed, and the reasons for the strict and slavish adherence to mere form have passed with them.

In this case there cannot be a well founded doubt that the defendant was arraigned, and pleaded not guilty. The presumption of that fact arises from a perusal of the record, and it is, as it seems to me, conclusive. There is no presumption in favor of defendant upon a criminal trial excepting that of innocence. Error in the record is not presumed, but must be shown. A presumption that proper forms were omitted is not [p647] to be made. There must be at least some evidence to show it. And yet, because the record fails to make a statement in terms that the defendant was thus arraigned and did so plead, this judgment is to be reversed, and that, too, without an allegation, or even a pretense, that the defendant has suffered any injury by reason of any alleged defect of the character in question. I think such a result most deplorable.

The record sets out the indictment. It then shows that the district attorney for the United States appeared in court, and the defendant in his own person, and by his attorney, also appeared, and then, on motion by the district attorney, it is ordered by the court that a jury come to try the issue joined, and a jury is duly selected, impaneled, and sworn to try the issue joined, and a true verdict to render according to the law and the evidence. The trial proceeds, and the jury return a verdict that the defendant is guilty as charged in the first, second, and third counts of the indictment. In the bill of exceptions, a document prepared by the defendant, it is also asserted that a jury was impaneled, sworn, and charged to try the issues joined in the cause. Can there, from these facts, be a doubt, founded upon any fair presumption, that the defendant had been arraigned, and had pleaded not guilty?

That the plea was of that nature must be presumed from the fact that the jury was summoned to try the issue, and that upon the trial of such issue the defendant was convicted on the first, second, and third counts of the indictment. The evidence stated in the bill of exceptions is directed solely to the issue of guilt or innocence. It would be wholly immaterial upon any other issue, and it is also of such a nature as to show beyond all rational doubt that it was received upon the trial of the issue raised by a plea of not guilty. No other presumption than that an arraignment and a plea of not guilty had been interposed could, from such a record, be reasonably indulged in. The record further there shows a motion made in arrest of judgment, and the grounds thereof, among which no mention is made of any alleged failure to arraign the defendant. The motion is sustained as to the first and third counts of the indictment, and overruled as to the second, [p648] and the defendant excepts to the ruling. The record then continues, and states that on motion of the district attorney the defendant was brought to the bar of the court in custody of the marshal, and, it being demanded of him what he has to say why sentence should not be pronounced upon the verdict, says he has nothing further to say than as already said. There is no statement in the record that the defendant, when thus called upon to speak, said one word or raised any objection as to any failure to arraign him or take his plea. If there had been such failure, was not that a time to speak, and would the defendant not then have spoken? Further, the defendant, after his sentence, obtains a writ of error from this court, and files an assignment of error, and yet no mention is therein made of any absence of an arraignment. Is it reasonable, upon such a record, to infer that no arraignment was had, and no plea taken? Is it not, on the contrary, reasonable to infer that defendant was arraigned, and that he did plead not guilty? Yet by this decision it results that, unless the record states in terms an arraignment and plea, a judgment must be reversed, although the presumption that there was an arraignment and plea arising from the contents of the record is both strong and uncontradicted.

In the face of such a presumption, the simple failure of a clerk to make an entry of the fact of arraignment and plea, although both presumably took place, is yet made a substantial ground for a reversal of a judgment which actually was rendered in due course of a criminal prosecution, and by a court of competent jurisdiction. This ought not to be. There is but a mere suggestion at the end of the brief of the counsel for the plaintiff in error filed in this court, where the objection is for the first time raised, that defendant was not given an opportunity to plead to the indictment before being put upon his trial; never having been arraigned. For the facts counsel refer to the record, and that shows what has already been set forth. I think a clear and necessary inference arises from the contents of the record that the defendant was arraigned and pleaded.

Suppose, however, the defendant, through mere inadvertence, [p649] had not been formally arraigned at the bar, and had not in terms pleaded, but that he was placed on trial without objection on his part, and both sides treated the case as if he had been arraigned and pleaded not guilty, could it be plausibly contended that, nevertheless, a fatal error had been committed by a neglect of this form, and that a judgment of conviction must on that account be reversed? Is it possible that for the first time a defendant can in this court successfully raise this formal objection, and under circumstances showing a waiver of the rule, and yet obtain a reversal of the judgment on that ground alone? To my mind, the mere statement of these questions furnishes their conclusive answer. Some cases may hold the necessity of a formal plea, and that the conduct of a defendant in going to trial without any objection, and as if a plea of not guilty had been entered, did not waive the necessity of such a plea. Those cases are not based on principles which, in my judgment, ought now to be followed.

Here the defendant could not have been injured by an inadvertence of that nature. He ought to be held to have waived that which, under the circumstances, would have been a wholly unimportant formality. A waiver ought to be conclusively implied where the parties had proceeded as if defendant had been duly arraigned, and a formal plea of not guilty had been interposed, and where there was no objection made on account of its absence until, as in this case, the record was brought to this court for review. It would be inconsistent with the due administration of justice to permit a defendant under such circumstances to lie by, say nothing as to such an objection, and then for the first time urge it in this court.

It is not necessary, however, in this case to place my judgment upon any doctrine of waiver, and I do not base my dissent upon that view of the case.

This record is, as I have said, far from showing that through mere inadvertence the defendant was not arraigned and did not plead. On the contrary, the necessary presumption arising from the facts appearing therein is that the [p650] defendant was arraigned and did plead. To reverse the judgment upon the pure technicality (raised in this court for the first time) that the record does not in terms show an arraignment and a plea, where the presumption arising from the contents of the record is that both occurred, is to my mind a sacrifice of justice to the merest and most formal kind of an objection, founded upon an unjustifiable presumption of error, and entirely at war with the facts as they occurred. If the statute cited in the opinion of the court, Rev. Stat. § 1025, does not apply to a case such as this, it is difficult to think of one for which its provisions could more properly be invoked.

The judgment should be

Affirmed.

I am authorized to state that and  concur in this opinion.

title: Crain v. United States/Dissent Peckham


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Rh seal, or the mark of the Master. It was long ago told by H.P.B. that the so-called writing of the Master was only an assumed hand, and no real knowledge is at hand as to his having a seal. I have seen impressions similar to what you have reproduced, but it is of no consequence to me. If there were a million impressions of seals on a message said to be from the Master, it would add nothing to the message in my eyes, as other means must be employed for discovering what is and what is not a genuine message. Seals and ciphers do not validate these things. Unless I can see for myself by my inner senses that a message is genuine, I will not believe it, be it loaded with seals I do not know. As I know the thousand and one magical ways by which impressions of things may be put on paper, even unconsciously to the human channel or focus, I have relied, and ask others to rely, on their own inner knowledge and not to trust to appearances. Others may think these little decorations of importance, but I do not. I never asked anyone at any meeting, private or public, to note or observe the seal-impression you give. Others may have done so, but I did not. Others may have gone into laboured arguments to show the value of such a thing, but I did not. The whole matter of this so-called seal is so absurd and childish that it has made me laugh each time I have thought of it.

Now I can do no more than deny, as I hereby do absolutely, all the charges you have been the means of repeating against me. I have denied them very many times, for I have known of them for about two years and a half. My denial is of no value to you; nor to those who think there is no, supersensual world; nor to those who think that because conjurors can imitate any psychical phenomenon, therefore the latter has no existence; nor to those who deny the possibility of the existence of Mahatmas or great souls. These things are all foolishness to such persons, and I am willing to let it stay that way. Were I to go into all the details of all the messages you refer to, and were I to get from those who know, as I can, the full relation of all that is involved in those messages on my letters which I saw after the July “investigation” was ended, I would be opening the private doors to the secret hearts of others, and that I will not do. Already I know by means


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text:
Sonny Boy (song)

Film renditions

 * "Sonny Boy" (1928), the first rendition performed by Al Jolson in the part-talkie musical film The Singing Fool, sung during the scene where Sonny is introduced
 * "Sonny Boy" (1928), Jolson's second rendition in The Singing Fool, sung while Sonny is dying
 * "Sonny Boy" (1928), Jolson's third rendition in The Singing Fool, sung at the end of the film in blackface

Sheet music

 * "Sonny Boy" (1928), the original sheet music

title: Sonny Boy (song)


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128 not generally accessible altogether too much of the private hearts of many of these people, and have no desire to know more.

Some of the matters you cite are related to a private body, once called the Esoteric Section, which is protected—nominally, so it seems, among your informants—by a pledge. The breaking of that by others gives me no right to add to their breach. I cannot, like Mr. Old and others more prominent, violate the confidences of others. His revelations cannot be analysed by me in public. He is in the position of those Masons who have attempted to reveal the secrets of Masonry; and either the public has listened to a liar or to one who has to admit that he does not regard his solemn obligation as worth a straw when it obstructs his purposes; in either case the information cannot be relied upon. His account and yours contain so many misrepresentations that none [of] it has any serious consideration from me.

And Mr. Old’s revelations, or those of any other members, amount to nothing. The real secrets have not been revealed, for they have not been put in the hands of such people; they have been given only to those who have shown through long trial and much labour that they are worthy to have the full relation of the plans of the master-builder exposed to their gaze. Let the dishonest, the perjured, and the vacillating go on with their revelations; they will hurt no one but themselves.

Now as to the Investigation at which you have laughed. I grant you it was matter for laughter from outside to see such a lot of labour and gathering from the four quarters to end in what you regard as smoke. Now, my dear sir, I did not call the Inquiry Committee. I protested against it and said from the beginning it should never have been called at all. Must I bear the brunt of that which I did not do? Must I explain all my life to a committee which had no right to come together, for which there was no legal basis? It was called in order to make me give up an official succession I did not have; months before it met I said it would come to nothing but a declaration written by me of the non-dogmatic character of the T.S. My Master so told me and so it turned out. Will you give me no credit for this foreknowledge?


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Rh Was it a guess, or was it great ability, or did it come about through bribery, or what? I was told to use the opportunity to procure an official declaration that belief in Mahatmas or Masters was not and is not one of the T.S., and I succeeded in so doing. I might have been accused as an individual and not official member. But by the influence of the Mr. Chakravarti whom you mention the whole power of the society was moved against me, so as to try and cut me down root and branch officially and privately, so that it might thereby be made sure that I was not successor to the presidency. This is the fact. That is why I forgave them all; for it is easy to forgive; in advance I forgave them since they furnished such a splendid official opportunity for a decision we long had needed. The odium resulting from the attempt to try occult and psychical questions under common law rules I am strong enough to bear; and up to date I have had a large share of that.

I refused a committee of honour, they say. I refused the committee that was offered as it was not of persons who could judge the matter rightly. They would have reached no conclusion save the one I now promulgate, which is, that the public proof regarding my real or delusive communications from the Masters begins and ends with myself, and that the committee could not make any decision at all, but would have to leave all members to judge for themselves. To arrive officially at this I would have to put many persons in positions that they could not stand, and the result then would have been that far more bad feeling would come to the surface. I have at least learned after twenty years that it is fruitless to ask judges who have no psychic development to settle questions the one half of which are in the unseen realm of the soul where the common law of England cannot penetrate.

The “messages from the Masters” have not ceased. They go on all the time for those who are able and fit to have them, but no more to the doubter and the suspicious. Even as I write they have gone to some, and in relation to this very affair, and in relation to other revelations and pledge-breakings. It is a fact in experience to me, and to friends of mine who have not had messages from me, that the Masters exist and have to do with the affairs of the world and the


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text: Category:1890 court decisions

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130 Theosophical movement. No amount of argument or Maskelyneish explanation will drive out that knowledge. It will bear all the assaults of time and foolish men. And the only basis on which I can place the claim of communication by the Masters to me, so far as the world is concerned, is my life and acts. If those for the last twenty years go to prove that I cannot be in communication with such beings, then all I may say one way or the other must go for naught.

Why so many educated Englishmen reject the doctrine of the perfectibility of man, illustrated by the fact of there now existing Masters of wisdom, passes my comprehension, unless it be true, as seems probable, that centuries of slavery to the abominable idea of original sin as taught by theology (and not by Jesus) has reduced them all to the level of those who, being sure they will be damned any way, are certain they cannot rise to a higher level, or unless the great god of conventionality has them firmly in his grasp. I would rather think myself a potential god and try to be, as Jesus commanded, “perfect as the Father in heaven”—which is impossible unless in us is that Father in essence—than to remain darkened and enslaved by the doctrine of inherent original wickedness which demands a substitute for my salvation. And it seems nobler to believe in that perfectibility and possible rise to the state of the Masters than to see with science but two possible ends for all our toil: one to be frozen up at last, and the other to be burned up, when the sun either goes out or pulls us into his flaming breast.—Yours truly,

[The following is the “affirmation” of Mr. Abbot Clark, enclosed with the above]:—

“San Francisco, Cal., April 21, 1894.

“I, Abbot Clark, a member of the Theosophical Society, do hereby state and affirm as follows: I have seen it stated in the newspapers that it is charged that I wrote Colonel H. S. Olcott in 1891 to India, and that in that letter was some message not known to me and that Colonel Olcott replied, asking where William Q. Judge was at the time, and that I replied he was in my house,. [sic] The facts are: That in 1891 W. Q. Judge was lecturing in


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Keep Smiling at Trouble

 * "Keep Smiling at Trouble" (1924), the original sheet music

 * "Keep Smiling at Trouble" (1928), a rendition performed by Al Jolson in the part-talkie musical film The Singing Fool

title: Keep Smiling at Trouble


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Author:Lewis Gensler

Compositions

 * "Keep Smiling at Trouble" (1924)

title: Author:Lewis Gensler


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Rh this State, and I was with him at Santa Ana, and that I had no house and never had, being too poor to have one. Brother Judge stopped at the hotel in Santa Ana, where he came from my home, my father’s house at Orange, where he had been at dinner, and at Santa Ana I arranged his lectures and I stayed at my aunt’s at Santa Ana; while in the hotel a conversation arose with us, in which I spoke of Theosophical propaganda among the Chinese on this coast, and Brother Judge suggested that I write to Colonel Olcott, as he knew many Buddhists Theosophists, and might arrange it better than Brother Judge; and I then myself wrote to Colonel Olcott on the matter, showing the letter after it was done to Brother Judge to see if it should be improved or altered, and he handed me back the letter at once. I put it in my pocket and kept it there for several days waiting for a chance to buy stamps for postage as I was away from any post-office. Brother Judge left by himself the morning after I wrote the letter and went to San Diego, and the only time I saw him again was in the train just to speak to him on his return after about four days, and the letter was not mentioned, thought of, nor referred to.

“I assert on my word of honour that Brother Judge said nothing to me about any message pretended to be from Masters or otherwise, and so far as any reports or statements have been made relating to me herein different from the above they are absolutely false.

“From India I got a reply from Adyar T.S. office from one Charlu, saying he had opened my letter in Colonel Olcott’s absence, and had forwarded it to him; and Dharmapala told me he had seen letters from me to Colonel Olcott on the matter received in India away from Adyar. The said Charlu, in reply, also asked me where Brother Judge was when the letter was written, and I wrote that he had been at my house on that date, which is true as above stated, Orange being only three miles from Santa Ana, as I thought Charlu wished to have Brother Judge’s dates. But I thought also the questions put were peculiar from such a distance. I never got any reply to my sincere first question in that letter about propaganda from him, and never any reply of any sort from Colonel Olcott. When Dharmapala was here he did not bring any message in reply from Colonel Olcott,


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132 but referred to recollecting speaking with Olcott about a proposal from California to work with the Chinese. And Charlu did not speak of any enclosure in said letter. A year later I again wrote on the same matter to Colonel Olcott, which was answered by Gopala Charlu, now dead, saying but little, if anything, would be done by him. To all this I affirm on my honour. “
 * “Witness: signatures:

“, ”


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text: The Singing Fool

title: The Singing Fool


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Rh

A convicted person has one last refuge. He may contrive to suggest imbecility, and so appeal from the sense of justice to that of pity. To the average reader it might seem that this, and this alone, could be the real object of the astounding piece of self-revelation which I have been privileged to extract from Mr. William Q. Judge, vice-president of the Theosophical Society. But we must remember that with the Theosophical reader it may be otherwise. To the Theosophical Society this “Reply” from the man they have delighted to honour may seem, for all I know, a model of candour, of coherence, and of cogency. That is not, I confess, what I hear privately; but, so far as any public word goes, the good, docile folk have evidently determined to wait till Mrs. Besant comes home and tells them what to think, and (still more important) what to say. For their benefit, then, and still more for the benefit of those potential converts to Theosophy in whom the atrophy of the mental processes is not yet complete, I will, as gravely as I can, examine the vice-president’s utterance.

Now, first, let us see how many of the “Mahatma missives” Mr.


text: Talk:Cherokee Nation v. Southern Kansas Railway Co.


text:
Barrentine v. Arkansas-Best Freight System, Inc.

Petitioner truckdrivers are not paid for the time spent conducting a required pre-trip safety inspection of respondent employer motor carrier's trucks and transporting trucks that fail such inspection to the employer's on-premises repair facility. Petitioners' union submitted a wage claim for petitioners' pretrip inspection and transportation time to a joint grievance committee pursuant to its collective-bargaining agreement with petitioners' employer. The joint committee rejected the claim without explanation. Petitioners then filed an action in Federal District Court, alleging that the pretrip safety inspection and transportation time was compensable under § 6 of the Fair Labor Standards Act (FLSA) and that they were therefore entitled to the statutory remedy of actual and liquidated damages, costs, and reasonable attorney's fees. They also alleged that respondent union had breached its duty of fair representation, and sought to have the joint grievance committee's decision set aside and to have proper compensation awarded under the collective-bargaining agreement. The District Court addressed only the fair-representation claim and rejected it. The Court of Appeals affirmed, and also held that the District Court was correct in not addressing the FLSA claim, concluding that petitioners' voluntary submission of their grievances to arbitration barred them from asserting their statutory wage claims in the subsequent court action.

Held: Petitioner's wage claims under the FLSA are not barred by the prior submission of their grievances to the contractual dispute-resolution procedures. Pp. 734–746.

(a) The FLSA rights petitioners seek to assert are independent of the collective-bargaining process. Such rights devolve on petitioners as individual workers, not as members of the union, and are not waivable. While courts should defer to an arbitral decision where the employee's claim is based on rights arising out of a collective-bargaining agreement, different considerations apply where the employee's claim is based on rights arising out of a statute, such as the FLSA, designed to provide minimum substantive guarantees to individual workers. Cf. Alexander v. Gardner-Denver Co., 415 U.S. 36. Pp. 734–741. [p729]

(b) There are two reasons why an employee's right to a minimum wage and overtime pay under the FLSA might be lost if submission of his wage claim to arbitration precluded him from later bringing an FLSA suit in federal court. First, even if the employee's claim were meritorious, his union might, without breaching its duty of fair representation, reasonably and in good faith decide not to support the claim vigorously in arbitration. Second, even when the union has fairly and fully presented the employee's wage claim, the employee's statutory rights might still not be adequately protected. Because the arbitrator is required to effectuate the intent of the parties, rather than to enforce the statute, he may issue a ruling that is inimical to the public policies underlying the FLSA, thus depriving an employee of protected statutory rights. Furthermore, not only are arbitral procedures less protective of individual statutory rights than are judicial procedures, but also arbitrators very often are powerless to grant the aggrieved employees as broad a range of relief. Under the FLSA, courts can award actual and liquidated damages, reasonable attorney's fees, and costs, whereas an arbitrator can award only that compensation authorized by the wage provisions of the collective-bargaining agreement. Pp. 742–745.

615 F.2d 1194, reversed.

, J., delivered the opinion of the Court, in which and, JJ., joined. , C.J., filed a dissenting opinion, in which, J., joined, post, p. 746.

David C. Vladeck argued the cause for petitioners. With him on the briefs were Alan B. Morrison and Arthur L. Fox II.

S. Walton Maurras argued the cause and filed a brief for respondents.


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134 Judge directly or indirectly admits. Those which I have referred to as produced by Mr. Judge included the following:—

(Besides these I have referred to other Mahatma letters or endorsements on letters, on bank-notes, &c.; but those enumerated will do for the present.)

Out of all these Mr. Judge disputes only two. As regards the “Note the Seal” missive, all that he denies is the statement that it was he who drew the special attention of the Inner Group to the seal upon it—a denial which I shall deal with presently. He demies the whole story of the Cabinet missive, and in regard to the “Judge is not the Forger” missive, he denies that it was fabricated by him, but suggests that it was fabricated by some other Theosophist.

The facts about the whole of the remaining thirteen (and more) missives he thus implicitly admits, using such general phrases as these:—“Several of the contested messages are genuine ones”; “they were all good and true”; “they were from the Master”; “I have not admitted her [Mrs. Besant’s] contention” [that they were only psychically from the Master, and were written in Mahatmascript by Judge]; and, finally, “I will not tell how or by what means they were produced.” The “Grave Danger Olcott” missive, by the way, he admits explicitly.

It is for the Theosophists, therefore, now to consider whether the substance of these admitted missives (to say nothing of this “Reply,” in which also Mr. Judge asserts the Master’s collaboration) squares with their conception of “the Master of Wisdom,” that “god-like” exemplar of “the perfectibility of man,” as his own “Messenger” describes him.

The reason why Mr. Judge selected just these two for denial is, no


text: Talk:Barrentine v. Arkansas-Best Freight System, Inc.


text:
Author:Elizabeth Ada Bronson

Cast member

 * The Singing Fool (1928), as Grace

title: Author:Elizabeth Ada Bronson


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Rh doubt, the damaging suggestiveness of the contents of the one and of the circumstances under which the other was produced. I for my part applaud his choice, because it will bring him into sharp conflict, as regards the one missive, with Mrs. Besant, and as regards the other, with Colonel Olcott.

In regard to all those missives which were palmed off on Mrs. Besant herself, my account is based, as regards generalities, on Mrs. Besant’s own statements and Mr. Judge’s own admissions. As regards details, however, I have had to rely on intimates and colleagues at Avenue-road, to whom Mrs. Besant told the wondrous tale at the time.

The story of the Cabinet missive is briefly this (see “Isis Very Much Unveiled,” p. 28). Mr. Judge suggests to Mrs. Besant that they should put a question to the Masters by writing it on paper, and placing this in a certain cabinet in “H.P.B.’s” room. The result was the endorsement of the paper with the words, “Yes,” “And hope,” in the red script used in all these communications, and also the impression of what Madame Blavatsky called the “flap-doodle” seal, under circumstances which demonstrated either psychic precipitation on the part of the Master, or else vulgar trickery on the part of Mr. Judge.

Mr. Judge declares “no such thing took place.”

Now, on the facts stated, it is obvious that only one person can authoritatively contradict Mr. Judge here: to wit, Mrs. Besant. This I am bound to suppose that she will do; for my version of the story is that given by her on the day after the occurrence to a colleague, who quoted it from his diary. Mrs. Besant also showed what purported to be the missive, sealed and endorsed as described, and this to several people. At Adyar, at the beginning of this year, when the Judge missives were being blown upon all round, she repeated the story, with only one correction—a notable one—that she had not, as she at first implied, stayed in the room all the time during Mr. Judge’s working of the Cabinet oracle.

What Mr. Judge will do if Mrs. Besant sticks to her version of the story I do not know. But he has already, in the secret circular lately divulged, disposed of the rest of her action in this matter as due to


text:
Author:Mary Josephine Dunn

Cast member

 * The Singing Fool (1928), as Molly Winton

title: Author:Mary Josephine Dunn


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text:
Author:Carl M. Leviness

Cast member

 * The Singing Fool (1928), as Carl (uncredited)

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text:
Author:Davey Lee

Cast member

 * The Singing Fool (1928), as Sonny Boy

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Author:Hermon Reed Howes

Cast member

 * The Singing Fool (1928), as John Perry

title: Author:Hermon Reed Howes


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136 possession by a devil; so no doubt he will say that here, too, it was “the Black Magicians” (per Brother Chakravarti) who both imposed the delusion and manufactured the missive to fit it. Note that he does not appeal to Mrs. Besant to bear him out, but says: “It cannot be proved by anybody’s testimony, unless you will accept perjury.” This is not the only passage in his Reply where Mr. Judge foreshadowed his readiness to extend his accusations of lying, pledge-breaking, &c. (as, indeed, he is logically bound to), from Mr. Old to Mr. Old’s fellow-sinners, Mrs. Besant and Colonel Olcott.

The other missive with which Mr. Judge disclaims connexion is the only one in the whole series which was apparently not produced in immediate juxtaposition with him, and under his personal superintendence. That, indeed, was just the point of it; it was enclosed in a letter from another person, with all the distance between New York and California to prove that Mr. Judge could have had no hand in it. It was, in fact, a last desperate attempt to lull the suspicions of the recipient, Colonel Olcott, who, however, discovered that Mr. Judge had been in California, and in the company of Mr. Clark, from whom the letter came, at the very date of the letter. (“Isis,” pp. 50–52.)

I told this story—quoting Colonel Olcott’s evidence—and forthwith was assured, publicly, in general terms (“Isis,” p. 76), then specifically through a private source, that Mr. Judge could annihilate it by producing an affidavit from the Mr. Clark in question. (“Abbot Clark”—the name comically recalls that of “Abner Dean” in Bret Harte’s “Society upon the Stanislaus.”) I was not much perturbed by this announcement, as the reserve evidence in my hands happened to include the substance of a letter from Mr. Abbot Clark himself, offering abundant material for cross-examination upon the boasted “affidavit,” if and when this was produced.

And lo! now we have this precious “affidavit” (which, by the way, turns out not to be an affidavit at all), testifying—what? Why, that Mr. Judge had abundant opportunities for inserting or getting inserted any enclosure he wished in Mr. Clark’s letter, and that the


text:
Author:Arthur Housman

Cast member

 * The Singing Fool (1928), as Blackie Joe

title: Author:Arthur Housman


text:
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Rh letter which provided the opportunity was actually written at Mr. Judge’s suggestion, and passed once through Mr. Judge’s fingers, besides spending several days in Mr. Clark’s coat pocket!

The guilelessness with which Mr. Abner De—I mean Mr. Abbot Clark—adds, among the rest of the plaintive verbiage of his statement, that “on my word of honour Brother Judge said nothing to me about any missive,” completes the charm of this document. Ah! it would be a poor world for the William Q. Judges if it did not contain a good percentage of Abbot Clarks.

But now arises another point. Mr. Judge does not number this missive among the “several genuine” ones. It was not the Mahatma’s; it was not fabricated by Mr. Judge; therefore it must have been fabricated by somebody else. “You can make what inference you like,” Mr. Judge liberally remarks; but the only inferences possible from what he says are that the guilty person is Colonel Olcott or Colonel Olcott’s manager at the Theosophist office. (The latter, by name T. Vijiaraghava Charlu, was the person who received and forwarded the letter and enclosure to Colonel Olcott. Mr. Judge and his satellite appear to wish to confuse this person with another Charlu, Theosophical treasurer, who committed suicide after peculation.)

Now, as I have made sufficiently clear, I hold no sort of brief for any Theosophist, and especially none for any Theosophical official. In the past, Mr. Judge has had no monopoly of the missive-manufacturing industry; and if he can prove that there are colleagues in the business even now, I shall be glad to consider the evidence. But, in this particular case, just look at the probabilities.

First, there is the handwriting, which is apparently exactly the same in this missive as in others of the series with which, admittedly, these other gentlemen had nothing, and Mr. Judge had everything, to do.

Then there are the contents. These also fit admirably into the chain. The Master is made to declare that “Judge is not the forger”—a point of which Mr. Judge was trying hard to convince the Colonel; also, to provide explanations of various suspicious circumstances in other missives which tended to show that Judge was “the forger”;


text:
Author:Edward Martindel

Cast member

 * The Singing Fool (1928), as Louis Marcus

title: Author:Edward Martindel


text:
Author:Helen Lynch

Cast member

 * The Singing Fool (1928), as Henny (Al Stone's maid)

title: Author:Helen Lynch


text:
Author:Robert Emmett O'Connor

Cast member

 * The Singing Fool (1928), as Bill (the café owner)

title: Author:Robert Emmett O'Connor