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City of Edmonds v. Oxford House, Inc./Opinion of the Court

delivered the opinion of the Court.

The Fair Housing Act (FHA or Act) prohibits discrimination in housing against, inter alios, persons with handicaps. Section 807(b)(1) of the Act entirely exempts from the FHA's compass "any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling." 42 U.S.C. § 3607(b)(1). This case presents the question whether a provision in petitioner City of Edmonds' zoning code qualifies for § 3607(b)(1)'s complete exemption from FHA scrutiny. The provision, governing areas zoned for single-family dwelling units, defines "family" as "persons [without regard to number] related by genetics, adoption, or marriage, or a group of five or fewer [unrelated] persons." Edmonds Community Development Code (ECDC) § 21.30.010 (1991).

The defining provision at issue describes who may compose a family unit; it does not prescribe "the maximum number of occupants" a dwelling unit may house. We hold that § 3607(b)(1) does not exempt prescriptions of the family-defining kind, i.e., provisions designed to foster the family character of a neighborhood. Instead, § 3607(b)(1)'s absolute exemption removes from the FHA's scope only total occupancy limits, i.e., numerical ceilings that serve to prevent overcrowding in living quarters.

I
In the summer of 1990, respondent Oxford House opened a group home in the City of Edmonds, Washington (City), for [p729] 10 to 12 adults recovering from alcoholism and drug addiction. The group home, called Oxford House-Edmonds, is located in a neighborhood zoned for single-family residences. Upon learning that Oxford House had leased and was operating a home in Edmonds, the City issued criminal citations to the owner and a resident of the house. The citations charged violation of the zoning code rule that defines who may live in single-family dwelling units. The occupants of such units must compose a "family," and family, under the City's defining rule, "means an individual or two or more persons related by genetics, adoption, or marriage, or a group of five or fewer persons who are not related by genetics, adoption, or marriage." ECDC § 21.30.010. Oxford House-Edmonds houses more than five unrelated persons, and therefore does not conform to the code.

Oxford House asserted reliance on the Fair Housing Act, 102 Stat. 1619, 42 U.S.C. § 3601 et seq., which declares it unlawful "[t]o discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of that buyer or renter." § 3604(f)(1)(A). The parties have stipulated, for purposes of this litigation, that the residents of Oxford House-Edmonds "are recovering alcoholics and drug addicts and are handicapped persons within the meaning" of the Act. App. 106.

Discrimination covered by the FHA includes "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [handicapped] person[s] equal opportunity to use and enjoy a dwelling." § 3604(f)(3)(B). Oxford House asked Edmonds to make a "reasonable accommodation" by allowing it to remain in the single-family dwelling it had leased. Group homes for recovering substance abusers, Oxford urged, need 8 to 12 residents to be financially and therapeutically viable. Edmonds declined to permit Oxford House to stay in a single-family residential zone, but passed an ordinance [p730] listing group homes as permitted uses in multifamily and general commercial zones.

Edmonds sued Oxford House in the United States District Court for the Western District of Washington, seeking a declaration that the FHA does not constrain the City's zoning code family definition rule. Oxford House counterclaimed under the FHA, charging the City with failure to make a "reasonable accommodation" permitting maintenance of the group home in a single-family zone. The United States filed a separate action on the same FHA "reasonable accommodation" ground, and the two cases were consolidated. Edmonds suspended its criminal enforcement actions pending resolution of the federal litigation.

On cross-motions for summary judgment, the District Court held that ECDC § 21.30.010, defining "family," is exempt from the FHA under § 3607(b)(1) as a "reasonable restrictio[n] regarding the maximum number of occupants permitted to occupy a dwelling." App. to Pet. for Cert. B–7. The United States Court of Appeals for the Ninth Circuit reversed; holding § 3607(b)(1)'s absolute exemption inapplicable, the Court of Appeals remanded the cases for further consideration of the claims asserted by Oxford House and the United States. Edmonds v. Washington State Building Code Council, 18 F.3d 802 (1994).

The Ninth Circuit's decision conflicts with an Eleventh Circuit decision declaring exempt under § 3607(b)(1) a family definition provision similar to the Edmonds prescription. See Elliott v. Athens, 960 F.2d 975 (1992). We granted [p731] certiorari to resolve the conflict, 513 U.S. 959 (1994), and we now affirm the Ninth Circuit's judgment.

II
The sole question before the Court is whether Edmonds' family composition rule qualifies as a "restrictio[n] regarding the maximum number of occupants permitted to occupy a dwelling" within the meaning of the FHA's absolute exemption. 42 U.S.C. § 3607(b)(1). In answering this question, we are mindful of the Act's stated policy "to provide, within constitutional limitations, for fair housing throughout the United States." § 3601. We also note precedent recognizing the FHA's "broad and inclusive" compass, and therefore according a "generous construction" to the Act's complaint-filing provision. Trafficante v. ''Metropolitan Life Ins. Co.'', 409 U.S. 205, 209, 212 (1972). Accordingly, we regard this case as an instance in which an exception to "a general statement [p732] of policy" is sensibly read "narrowly in order to preserve the primary operation of the [policy]." Commissioner v. Clark, 489 U.S. 726, 739 (1989).

A
Congress enacted § 3607(b)(1) against the backdrop of an evident distinction between municipal land-use restrictions and maximum occupancy restrictions.

Land-use restrictions designate "districts in which only compatible uses are allowed and incompatible uses are excluded." D. Mandelker, Land Use Law § 4.16, pp. 113–114 (3d ed. 1993) (hereinafter Mandelker). These restrictions typically categorize uses as single-family residential, multiple-family residential, commercial, or industrial. See, e.g., 1 E. Ziegler, Jr., Rathkopf's The Law of Zoning and Planning § 8.01, pp. 8–2 to 8–3 (4th ed. 1995); Mandelker § 1.03, p. 4; 1 E. Yokley, Zoning Law and Practice § 7–2, p. 252 (4th ed. 1978).

Land use restrictions aim to prevent problems caused by the "pig in the parlor instead of the barnyard." Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 388 (1926). In particular, reserving land for single-family residences preserves the character of neighborhoods, securing "zones where family values, youth values, and the blessings of quiet [p733] seclusion and clean air make the area a sanctuary for people." Village of Belle Terre v. Boraas, 416 U.S. 1, 9 (1974); see also Moore v. East Cleveland, 431 U.S. 494, 521 (1977) (Burger, C.J., dissenting) (purpose of East Cleveland's single-family zoning ordinance "is the traditional one of preserving certain areas as family residential communities"). To limit land use to single-family residences, a municipality must define the term "family"; thus family composition rules are an essential component of single-family residential use restrictions.

Maximum occupancy restrictions, in contradistinction, cap the number of occupants per dwelling, typically in relation to available floor space or the number and type of rooms. See, e.g., International Conference of Building Officials, Uniform Housing Code § 503(b) (1988); Building Officials and Code Administrators International, Inc., BOCA National Property Maintenance Code §§ PM–405.3, PM–405.5 (1993) (hereinafter BOCA Code); Southern Building Code Congress, International, Inc., Standard Housing Code §§ 306.1, 306.2 (1991); E. Mood, APHA–CDC Recommended Minimum Housing Standards § 9.02, p. 37 (1986) (hereinafter APHA–CDC Standards). These restrictions ordinarily apply uniformly to all residents of all dwelling units. Their purpose is to protect health and safety by preventing dwelling overcrowding. See, e.g., BOCA Code §§ PM–101.3, PM–405.3, PM–405.5 and commentary; Abbott, Housing Policy, Housing Codes and Tenant Remedies, 56 B. U. L. Rev. 1, 41–45 (1976).

We recognized this distinction between maximum occupancy restrictions and land-use restrictions in Moore v. East Cleveland, 431 U.S. 494 (1977). In Moore, the Court held unconstitutional the constricted definition of "family" contained [p734] in East Cleveland's housing ordinance. East Cleveland's ordinance "select[ed] certain categories of relatives who may live together and declare[d] that others may not"; in particular, East Cleveland's definition of "family" made "a crime of a grandmother's choice to live with her grandson." Id., at 498–499 (plurality opinion). In response to East Cleveland's argument that its aim was to prevent overcrowded dwellings, streets, and schools, we observed that the municipality's restrictive definition of family served the asserted, and undeniably legitimate, goals "marginally, at best." Id., at 500 (footnote omitted). Another East Cleveland ordinance, we noted, "specifically addressed the problem of overcrowding"; that ordinance tied "the maximum permissible occupancy of a dwelling to the habitable floor area." Id., at 500, n. 7; accord, id., at 520, n. 16 (, J., concurring in judgment). Justice Stewart, in dissent, also distinguished restrictions designed to "preserv[e] the character of a residential area," from prescription of "a minimum habitable floor area per person," id., at 539, n. 9, in the interest of community health and safety.

Section 3607(b)(1)'s language—"restrictions regarding the maximum number of occupants permitted to occupy a dwelling"—surely encompasses maximum occupancy restrictions. [p735] But the formulation does not fit family composition rules typically tied to land-use restrictions. In sum, rules that cap the total number of occupants in order to prevent overcrowding of a dwelling "plainly and unmistakably," see A. H. Phillips, Inc. v. Walling, 324 U.S. 490, 493 (1945), fall within § 3607(b)(1)'s absolute exemption from the FHA's governance; rules designed to preserve the family character of a neighborhood, fastening on the composition of households rather than on the total number of occupants living quarters can contain, do not.

B
Turning specifically to the City's Community Development Code, we note that the provisions Edmonds invoked against Oxford House, ECDC §§ 16.20.010 and 21.30.010, are classic examples of a use restriction and complementing family composition rule. These provisions do not cap the number of people who may live in a dwelling. In plain terms, they direct [p736] that dwellings be used only to house families. Captioned "USES," ECDC § 16.20.010 provides that the sole "Permitted Primary Us[e]" in a single-family residential zone is "[s]ingle-family dwelling units." Edmonds itself recognizes that this provision simply "defines those uses permitted in a single family residential zone." Pet. for Cert. 3.

A separate provision caps the number of occupants a dwelling may house, based on floor area:

"Floor Area. Every dwelling unit shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two." ECDC § 19.10.000 (adopting Uniform Housing Code § 503(b) (1988)).

This space and occupancy standard is a prototypical maximum occupancy restriction.

Edmonds nevertheless argues that its family composition rule, ECDC § 21.30.010, falls within § 3607(b)(1), the FHA exemption for maximum occupancy restrictions, because the rule caps at five the number of unrelated persons allowed to occupy a single-family dwelling. But Edmonds' family composition rule surely does not answer the question: "What is the maximum number of occupants permitted to occupy a house?" So long as they are related "by genetics, adoption, or marriage," any number of people can live in a house. Ten siblings, their parents and grandparents, for example, could dwell in a house in Edmonds' single-family residential zone without offending Edmonds' family composition rule.

[p737] Family living, not living space per occupant, is what ECDC § 21.30.010 describes. Defining family primarily by biological and legal relationships, the provision also accommodates another group association: Five or fewer unrelated people are allowed to live together as though they were family. This accommodation is the peg on which Edmonds rests its plea for § 3607(b)(1) exemption. Had the City defined a family solely by biological and legal links, § 3607(b)(1) would not have been the ground on which Edmonds staked its case. See Tr. of Oral Arg. 11–12, 16. It is curious reasoning indeed that converts a family values preserver into a maximum occupancy restriction once a town adds to a related persons prescription "and also two unrelated persons."

Edmonds additionally contends that subjecting single-family zoning to FHA scrutiny will "overturn Euclidian zoning" and "destroy the effectiveness and purpose of single-family zoning." Brief for Petitioner 11, 25. This contention both ignores the limited scope of the issue before us and exaggerates the force of the FHA's antidiscrimination provisions. We address only whether Edmonds' family composition rule qualifies for § 3607(b)(1) exemption. Moreover, the FHA antidiscrimination provisions, when applicable, require only "reasonable" accommodations to afford persons with handicaps "equal opportunity to use and enjoy" housing. §§ 3604(f)(1)(A) and (f)(3)(B). [p738]

The parties have presented, and we have decided, only a threshold question: Edmonds' zoning code provision describing who may compose a "family" is not a maximum occupancy restriction exempt from the FHA under § 3607(b)(1). It remains for the lower courts to decide whether Edmonds' actions against Oxford House violate the FHA's prohibitions against discrimination set out in §§ 3604(f)(1)(A) and (f)(3)(B). For the reasons stated, the judgment of the United States Court of Appeals for the Ninth Circuit is

Affirmed.


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Page:Forma breve de administrar los sacramentos a los Indios, y Españoles que viven entre ellos (1635).djvu/16

Rh ¶ Let the Godfathers say the names of their godsons. ¶ Cel. What do you all request of the Holy Church?℞. We request Faith, the belief in God.

Cel. What will this Faith, the belief in God, give you all?℞. It will give us eternal life.

¶ Naming the baptized, say:

and N. Juan, and Maria, etc. This is eternal life; love the Lord your God with all your hearts and with all your souls, and your neighbors, as yourselves; this is the first and greatest commandment.

¶ Breathe upon everyone three times, and say: Egone from them ✠ unclean spirit, and give way to the Holy Spirit, the Paraclete. Rh

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


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 His words are, "Let both grow together until the harvest; and in the time of harvest I will say to the reapers, Gather ye together first the tares, and bind them in bundles to burn them; but gather the wheat into my barn." It is thus plain that both the good and the evil are reserved in the world of spirits until the coming of the great day. To this view of the case no reasonable objection can be urged; for even those who consider that the last judgment will be attended with a resurrection of material bodies, must see that some place will be necessary in which the souls of all the dead should remain until that event. The reason, however, for such detention is to be sought for in the mixed characters of men at the time of death. And this is a state of things towards which the condition of the Church contributes. For, notwithstanding men are preserved in freedom, and in this freedom form their character, the result is always influenced by the teachings of the Church to which they belong. In proportion as those teachings depart from the purity of truth, so far will the good of the people, which it is established to promote, be diminished. All who are under the influence of such circumstances will have a prolonged existence in the world of spirits. So that in the process of time a perverted Church, through not encouraging goodness in its people, endangers its equilibrium, and thus causes the detention in the world of spirits of multitudes of those who die within its pale. Hence we read of "multitudes in the valley of decision." Errors in the Church permit evils to grow up, and to permeate society, until at length this first region for the reception of departed men becomes the scene of sad corruptions,


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 which are there because they were the interior vices of the deceased during their life-time here, but which were hypocritically concealed for the sake of gain, or reputation, or some other selfish purpose. As this goes on, the wicked spirits in whom those vices exist come to infest society on earth, each acts and reacts upon the other; and the final result of the accumulation of wicked spirits in the world of spirits is, that they obstruct the descent of heavenly influences to men, and close their minds against the acceptance of genuine truth and goodness. When this takes place it is plain that the end of the Church has come, and, consequently, the time of the last judgment must have arrived. It is spoken of as the last judgment, to intimate that others have preceded it, others both of an individual and more general kind; if it were not so, that which is commonly called the last would really be the first. Those others, to which we are now referring, were not those which occurred at the end of the Adamic and Israelitish periods, but those which have been experienced under the Christian dispensation. The end of a Church has always been attended by the execution of a last judgment upon the souls of those who have gone into the world of spirits infected with the worst corruptions of the Church to which they belonged, and so have stood in the way, hindering the beneficence of heaven from operating upon their survivors in the world.

Thus we learn what must be the condition of the world of spirits, when the necessity arrives for a final judgment upon perverted Christianity. The inhabitants of that world will gradually have usurped a power over the minds of men, and have infested them with all sorts of disorderly persuasions. They will have hindered spiritual light in the process of its descent, beclouded its character, and so


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Page:Forma breve de administrar los sacramentos a los Indios, y Españoles que viven entre ellos (1635).djvu/3

Rh boy or girl to be Baptized, have them at the door of the Church resting on the right arm of the Godfather or Godmother, and have them ask the first thing, and say in the Timucuan language: ✠

hat do you come to take to the Holy Church? A man? A woman? ''Ans. If it is male'' A man. If it is female A woman.

¶ Cel. What name will it be called?℞. Pedro or Maria.

¶ Cel. What do you request of the Holy Church?℞. I request what is called Faith, the belief in God.

¶ Cel. What will this Faith, the belief in God, give you?℞. It will give me eternal life. Rh


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 “Ha!” said the mother, with a pleased smile, though still keeping on her guard, “so the little monkey pleases you, does he? Ay, he is indeed a darling. Thanking you just the same, I would not part with him for all the treasures in the world.”

“Silly woman,” returned Rubezahl;”Rubezahl; [sic] “hast thou not three other children to wear thee out day and night, and leave thee ever poor and miserable? Why, thou canst barely keep life in them as ’tis.”

“True,” replied the woman, “but I am their mother, and must do my duty by them; besides, though children are the cause of much pain and anxiety, they are also a source of great pleasure.”

“A mighty pleasure, truly,” sneered the Gnome, “to drag the cubs about with thee all day, and have them keep thee awake half the night; to be worn out with their teasing and crying, and have to provide them with food, when the food thou’st got is hardly enough for thyself.”

“Ah, sir, there is much truth in this, but then you know not a mother’s pleasures; the dimpled smile of her infant, the first words its pretty mouth utters, in broken accents, richly reward her for all her cares. See this little fellow, how he hangs about me, and kisses me, the coaxing young rogue! Ah, my dear children, would that I had a hundred hands to lead you about, and to labour for you!”


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Talk:Workers Trade Union Law of 2002 (Bahrain)

Link
The link given gives a 404 error, and the website is for "Bah Molsa – Massage That Refreshes" which seems to have nothing to do with Bahrain. -- Beardo (talk) 06:05, 13 February 2024 (UTC)


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Does the final paragraph end with an exclamation mark? -- Yodin T 06:05, 13 February 2024 (UTC)


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 have prevented its reception among mankind. Hence the sun will be darkened, the moon will not give her light, and the stars will fall from heaven; for the prediction of these things denotes the obscuration of love, the termination of faith, and the destruction of intelligence proper to the Church.

Every one may see, as this state of things goes on from generation to generation, that the intensity of its mischiefs will be successively increased, and that it must result in a crisis which will necessitate a judgment to disperse the evil spirits which have been its cause, and so prepare the way for the amendment of society in the world.

As spirits and men mutually act and react upon each other (a doctrine of the Scriptures admitted upon all hands) it will follow that the state of the world of spirits, will, in some measure, be reflected in the condition of the world of men. If all things were orderly and enlightened in society on earth, it would not be reasonable to infer that all things were irregular and obscure in the spiritual world with which it is associated. But if men are found to be in a corrupted condition, careless about heavenly things, and pursuing all kinds of selfish and sensual loves with relish and delight, it would be reasonable to conclude that something very similar prevailed in the world of spirits, with which such society is connected; for it is a great law that they act upon, and reflect the condition of each other.

When, then, we assert that a disastrous condition of the world of spirits had been arrived at, about a century ago, and that then was the period in which the last judgment was performed, the truth of these assertions does not rest merely upon any verbal authority which may be claimed for them; if true, there must be some corroborative evidence in the history of professedly Christian society at that


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City of Edmonds v. Oxford House, Inc./Dissent Thomas

, with whom and  join, dissenting.

Congress has exempted from the requirements of the Fair Housing Act (FHA) "any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling." 42 U.S.C. § 3607(b)(1) (emphasis added). In today's decision, the Court concludes that the challenged provisions of petitioner's zoning code do not qualify for this exemption, even though they establish a specific number—five—as the maximum number of unrelated persons permitted to occupy a dwelling in the single-family neighborhoods of Edmonds, Washington. Because the Court's conclusion fails to give effect to the plain language of the statute, I respectfully dissent.

I
Petitioner's zoning code reserves certain neighborhoods primarily for "[s]ingle-family dwelling units." Edmonds Community Development Code (ECDC) § 16.20.010(A)(1) (1991), App. 225. To live together in such a dwelling, a group must constitute a "family," which may be either a traditional kind of family, comprising "two or more persons related [p739] by genetics, adoption, or marriage," or a nontraditional one, comprising "a group of five or fewer persons who are not [so] related." § 21.30.010, App. 250. As respondent United States conceded at oral argument, the effect of these provisions is to establish a rule that "no house in [a single-family] area of the city shall have more than five occupants unless it is a [traditional kind of] family." Tr. of Oral Arg. 46. In other words, petitioner's zoning code establishes for certain dwellings "a five-occupant limit, [with] an exception for [traditional] families." Ibid.

To my mind, the rule that "no house shall have more than five occupants" (a "five-occupant limit") readily qualifies as a "restrictio[n] regarding the maximum number of occupants permitted to occupy a dwelling." In plain fashion, it "restrict[s]"—to five—"the maximum number of occupants permitted to occupy a dwelling." To be sure, as the majority observes, the restriction imposed by petitioner's zoning code is not an absolute one, because it does not apply to related persons. See ante, at 736. But § 3607(b)(1) does not set forth a narrow exemption only for "absolute" or "unqualified" restrictions regarding the maximum number of occupants. Instead, it sweeps broadly to exempt any restrictions regarding such maximum number. It is difficult to imagine what broader terms Congress could have used to signify the categories or kinds of relevant governmental restrictions that are exempt from the FHA.

[p740] Consider a real estate agent who is assigned responsibility for the city of Edmonds. Desiring to learn all he can about his new territory, the agent inquires: "Does the city have any restrictions regarding the maximum number of occupants permitted to occupy a dwelling?" The accurate answer must surely be in the affirmative—yes, the maximum number of unrelated persons permitted to occupy a dwelling in a single-family neighborhood is five. Or consider a different example. Assume that the Federal Republic of Germany imposes no restrictions on the speed of "cars" that drive on the Autobahn but does cap the speed of "trucks" (which are defined as all other vehicles). If a conscientious visitor to Germany asks whether there are "any restrictions regarding the maximum speed of motor vehicles permitted to drive on the Autobahn," the accurate answer again is surely the affirmative one—yes, there is a restriction regarding the maximum speed of trucks on the Autobahn.

The majority does not ask whether petitioner's zoning code imposes any restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Instead, observing that pursuant to ECDC § 21.30.010, "any number of people can live in a house," so long as they are "related 'by genetics, adoption, or marriage. the majority concludes that § 21.30.010 does not qualify for § 3607(b)(1)'s exemption because it "surely does not answer the question: 'What is the maximum number of occupants permitted to occupy a house? Ante, at 736. The majority's question, however, does not accord with the text of the statute. To take advantage of the exemption, a local, state, or federal law need not impose a restriction establishing an absolute maximum number of occupants; under § 3607(b)(1), it is necessary only that such law impose a restriction "regarding" the maximum number of occupants. Surely, a restriction can "regar[d]"—or "concern," "relate to," or "bear on"—the maximum number [p741] of occupants without establishing an absolute maximum number in all cases.

I would apply § 3607(b)(1) as it is written. Because petitioner's zoning code imposes a qualified "restrictio[n] regarding the maximum number of occupants permitted to occupy a dwelling," and because the statute exempts from the FHA "any" such restrictions, I would reverse the Ninth Circuit's holding that the exemption does not apply in this case.

II
The majority's failure to ask the right question about petitioner's zoning code results from a more fundamental error in focusing on "maximum occupancy restrictions" and "family composition rules." See generally ante, at 731–734. These two terms—and the two categories of zoning rules they describe—are simply irrelevant to this case. [p742]

A
As an initial matter, I do not agree with the majority's interpretive premise that "this case [is] an instance in which an exception to 'a general statement of policy' is sensibly read 'narrowly in order to preserve the primary operation of the [policy]. Ante, at 731–732 (quoting Commissioner v. Clark, 489 U.S. 726, 739 (1989)). Why this case? Surely, it is not because the FHA has a "policy"; every statute has that. Nor could the reason be that a narrow reading of 42 U.S.C. § 3607(b)(1) is necessary to preserve the primary operation of the FHA's stated policy "to provide for fair housing throughout the United States." § 3601. Congress, the body responsible for deciding how specifically to achieve the objective of fair housing, obviously believed that § 3607(b)(1)' s exemption for "any  restrictions regarding the maximum number of occupants permitted to occupy a dwelling" is consistent with the FHA's general statement of policy. We do Congress no service—indeed, we negate the "primary operation" of § 3607(b)(1)—by giving that congressional enactment an artificially narrow reading. See Rodriguez v. United States, 480 U.S. 522, 526 (1987) (per curiam) ("[I]t frustrates rather than effectuates legislative intent simplistically to assume that whatever furthers the statute's primary objective must be law"); Board of Governors, FRS v. Dimension Financial Corp., 474 U.S. 361, 374 (1986) ("Invocation of the 'plain purpose' of legislation at the expense of the terms of the statute itself in the end, prevents the effectuation of congressional intent").

[p743] In any event, as applied to the present case, the majority's interpretive premise clashes with our decision in Gregory v. Ashcroft, 501 U.S. 452, 456–470 (1991), in which we held that state judges are not protected by the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U.S.C. §§ 621–634 (1988 ed. and Supp. V). Though the ADEA generally protects the employees of States and their political subdivisions, see § 630(b)(2), it exempts from protection state and local elected officials and "appointee[s] on the policymaking level," § 630(f). In concluding that state judges fell within this exemption, we did not construe it "narrowly" in order to preserve the "primary operation" of the ADEA. Instead, we specifically said that we were "not looking for a plain statement that judges are excluded" from the Act's coverage. Gregory, supra, at 467. Moreover, we said this despite precedent recognizing that the ADEA broadly prohibits age discrimination in the workplace. Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, 120 (1985) (quoting Lorillard v. Pons, 434 U.S. 575, 577 (1978)). Cf. ante, at 731 (noting "precedent recognizing the FHA's 'broad and inclusive' compass" (quoting Trafficante v. ''Metropolitan Life Ins. Co.'', 409 U.S. 205, 209 (1972))).

Behind our refusal in Gregory to give a narrow construction to the ADEA's exemption for "appointee[s] on the policymaking level" was our holding that the power of Congress to "legislate in areas traditionally regulated by the States" is [p744] "an extraordinary power in a federalist system," and "a power that we must assume Congress does not exercise lightly." 501 U.S., at 460. Thus, we require that Congress should make its intention "clear and manifest" if it intends to pre-empt the historic powers of the States. Id., at 461 (quoting Will v. Michigan Dept. of State Police, 491 U.S. 58, 65 (1989)). It is obvious that land use—the subject of petitioner's zoning code—is an area traditionally regulated by the States rather than by Congress, and that land use regulation is one of the historic powers of the States. As we have stated, "zoning laws and their provisions are peculiarly within the province of state and local legislative authorities." Warth v. Seldin, 422 U.S. 490, 508, n. 18 (1975). See also Hess v. Port Authority Trans-Hudson Corporation, 513 U.S. 30, 44 (1994) ("[R]egulation of land use [is] a function traditionally performed by local governments"); FERC v. Mississippi, 456 U.S. 742, 768, n. 30 (1982) ("[R]egulation of land use is perhaps the quintessential state activity"); Village of Belle Terre v. Boraas, 416 U.S. 1, 13 (1974) (Marshall, J., dissenting) ("I am in full agreement with the majority that zoning may indeed be the most essential function performed by local government"). Accordingly, even if it might be sensible in other contexts to construe exemptions narrowly, that principle has no application in this case.

B
I turn now to the substance of the majority's analysis, the focus of which is "maximum occupancy restrictions" and "family composition rules." The first of these two terms has the sole function of serving as a label for a category of zoning rules simply invented by the majority: rules that "cap the number of occupants per dwelling, typically in relation to available floor space or the number and type of rooms," that "ordinarily apply uniformly to all residents of all dwelling units," and that have the "purpose to protect health and safety by preventing dwelling overcrowding." [p745] Ante, at 733. The majority's term does bear a familial resemblance to the statutory term "restrictions regarding the maximum number of occupants permitted to occupy a dwelling," but it should be readily apparent that the category of zoning rules the majority labels "maximum occupancy restrictions" does not exhaust the category of restrictions exempted from the FHA by § 3607(b)(1). The plain words of the statute do not refer to "available floor space or the number and type of rooms"; they embrace no requirement that the exempted restrictions "apply uniformly to all residents of all dwelling units"; and they give no indication that such restrictions [p746] must have the "purpose to protect health and safety by preventing dwelling overcrowding." Ibid.

Of course, the majority does not contend that the language of § 3607(b)(1) precisely describes the category of zoning rules it has labeled "maximum occupancy restrictions." Rather, the majority makes the far more narrow claim that the statutory language "surely encompasses" that category. Ante, at 734. I readily concede this point. But the obvious conclusion that § 3607(b)(1) encompasses "maximum occupancy restrictions" tells us nothing about whether the statute also encompasses ECDC § 21.30.010, the zoning rule at issue here. In other words, although the majority's discussion will no doubt provide guidance in future cases, it is completely irrelevant to the question presented in this case.

The majority fares no better in its treatment of "family composition rules," a term employed by the majority to describe yet another invented category of zoning restrictions. Although today's decision seems to hinge on the majority's judgment that ECDC § 21.30.010 is a "classic exampl[e] of a family composition rule," ante, at 735, the majority says virtually nothing about this crucial category. Thus, it briefly alludes to the derivation of "family composition rules" and provides a single example of them. Apart from these two references, however, the majority's analysis consists [p747] solely of announcing its conclusion that "the formulation [of § 3607(b)(1)] does not fit family composition rules." Ibid. This is not reasoning; it is ipse dixit. Indeed, it is not until after this conclusion has been announced that the majority (in the course of summing up) even defines "family composition rules" at all. See ibid. (referring to "rules designed to preserve the family character of a neighborhood, fastening on the composition of households rather than on the total number of occupants living quarters can contain").

Although the majority does not say so explicitly, one might infer from its belated definition of "family composition rules" that § 3607(b)(1) does not encompass zoning rules that have one particular purpose ("to preserve the family character of a neighborhood") or those that refer to the qualitative as well as the quantitative character of a dwelling (by "fastening on the composition of households rather than on the total number of occupants living quarters can contain"). Ibid. Yet terms like "family character," "composition of households," "total [that is, absolute] number of occupants," and "living quarters" are noticeably absent from the text of the statute. Section 3607(b)(1) limits neither the permissible purposes of a qualifying zoning restriction nor the ways in which such a restriction may accomplish its purposes. Rather, the exemption encompasses "any" zoning restriction—whatever its purpose and by whatever means it accomplishes that purpose—so long as the restriction "regard[s]" the maximum number of occupants. See generally supra, at 739–742. As I have explained, petitioner's zoning code does precisely that.

[p748] In sum, it does not matter that ECDC § 21.30.010 describes "[f]amily living, not living space per occupant," ante, at 737, because it is immaterial under § 3607(b)(1) whether § 21.30.010 constitutes a "family composition rule" but not a "maximum occupancy restriction." The sole relevant question is whether petitioner's zoning code imposes "any restrictions regarding the maximum number of occupants permitted to occupy a dwelling." Because I believe it does, I respectfully dissent.


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 “And has thy husband no hands to labour with?” asked Rubezahl.

“Hands! ay, that he has, and stirring ones too, as I sometimes find to my cost.”

“How!” cried the Gnome indignantly, “does thy husband dare lift his hand against such a wife as thou? I’ll twist the rascal’s neck round.”

“You’ll have enough to do, if you undertake to twist the neck of every husband who beats his wife. Men are a sad set, but I married for better, for worse, and I must go through with it as well as I can.”

“But if thou knew’st that men are a sad set, ’twas surely a foolish thing in thee to marry?”

“Very likely; but Stephen was a brisk, well-looking young man, in a good way of business, I a poor girl, without a farthing. He came and asked me to marry him, gave me, for earnest, a wild man’s thaler, and the bargain was concluded; he took away the thaler afterwards, but the wild man still remains to me.”

“Perhaps,” said the Spirit, laughingly, “thou mad’st him wild by thy perverse humours?”

“Ah, whatever perverse humours I might have had, he has long since beaten out of me. Moreover, Stephen is a mere skin-flint; if I ask him but for a groat, he storms, rages, and makes as much noise in the house, as they say you sometimes do in your


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 mountains, and reproaches me with my want of fortune, and I must bear it all in silence. If I had only had a dower, I’d have brought the house down about his ears long ago.”

“What is thy husband’s occupation?”

“He is a glass pedler, a hard and harassing business enough. He tramps it about from town to town, with a heavy load all the year round; should any of his glass be broken on the way, I and the poor children suffer for it—but, after all, love’s blows break no bones.”

“What! canst thou still love a husband who thus ill-treats thee?”

“And why not? Is he not the father of my children? And when my boys are grown up, they will well compensate me for it all.”

“A sorry hope, that the children’s gratitude will make up for their parents’ cares and sacrifices! These same consolatory youths will wring from thee thy last farthing, when, at the pleasure of the emperor, they are sent off to his armies, and then be sabred by the Turks.”

“That as it happens; if they are slain, they will die like brave men, for their king, and their native land; but why must they needs be killed? Why may they not return home laden with booty, and make their old parents easy and comfortable for the remainder of their days?”


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 period. A general law upon this subject has been clearly revealed in Scripture history. When the last judgment took place upon the most ancient Church, "the wickedness of man was great in the earth, and every imagination of his heart was only evil continually." When the last judgment was executed upon the Jewish dispensation, its professors in the world had sunk into the deepest hypocrisy; they were of their father, the devil, and the works of their father they would do. So it is found that when the time came for executing the last judgment upon perverted Christianity, the condition of society was a reflex of its spiritual corruptions. This is in strict accordance with the Divine predictions on the subject: for although these predictions, in their internal sense, refer to a cessation of those graces which are proper to the Church, it is plain that such cessation would be manifested in the outer lives and characters of the people: for spiritual causes produce natural effect in correspondence with themselves.

There are, then, and always have been, peculiar conditions in society, when remarkable providential epochs were about to occur. Extraordinary circumstances taking place amongst men, have, by the observant, always been regarded as the indications of something remarkable occurring in their spiritual states. The experience of calamities is commonly interpreted as the visitation of a judgment, and this view is not entirely destitute of truth: they may,


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 however, be also regarded as symptoms of its necessity and premonitions of its occurrence.

That about a century ago, the principles of true religion and the sentiments of genuine morality had not simply come to a standstill, but were in a state of disruption in all ranks of society, is a fact which no one acquainted with the history of the times will venture to deny. That, as we have said, we consider to have been the time, and that disruption, to have been the occasion, for executing that last judgment which is predicted in the Gospels and represented in the Revelation. But before going farther into these explanations, it may be useful to refer to other judgments which have taken place under the Christian dispensation, prior to that which is designated the last: and these, no doubt, contributed to postpone the accomplishment of this final catastrophe: they checked the progress of events, which were accelerating the end, and, like the circumstance represented by the shadow going back on the sun-dial of Ahaz, deferred the time of consummation.

The state of the Lord's Church, with men is the test of the world's morality. The Church is the channel for the


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 orderly descent of all spiritual instruction and life to men. When this channel is stopped, which it may be by the love of dominion, greatness, riches, or any other worldly delight, these blessings are interrupted in their course; and then some judgment, to remove the cause, must be executed before that channel can be reopened for their descent. Now such a stoppage and such a removal have occurred more than once during the history of the Christian Church. The phenomena attending all such remarkable events are represented to us by that wonderful scenery in the world of spirits which is described in many chapters of the Apocalypse.

Every one knows that defections in the Church broke out in the apostolic era. They are spoken of several times in the epistles, with a view to their correction. And John, in his addresses to the seven Churches in Asia, enumerates the faults and backslidings of which each were guilty; nor are there any indications that those failings were removed. This falling away was accompanied by the increase of a variety of errors, while the love of dominion, during several generations, grew with amazing luxuriance and strength. The dogmata which had been enacted by the Council of Nice in the fourth century, were, in the fifth, succeeded by a new distress. A quarrel, which for some time had been fermenting, now broke out between the Patriarch of Constantinople and the Bishop of Rome. The object of this dispute was, who should be the greatest: each had his partisans, and each had large territories to govern, with extensive jurisdiction. The Emperors of the east supported the Patriarch, those of the west maintained the pretensions of Rome; and the result was that first great division, known in the history of Christianity as the separation of the Greek from the Latin Church. In doctrine they


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Incessant attacks on both fronts characterized the final phase of the Buna operation. On the Warren front the Australian 18th Infantry Brigade, seasoned veterans of Libya, Greece, Crete, and Syria, had come up in small boats from Milne Bay and with them came seven light tanks. Their commander, Brigadier (now Maj. Gen.) George F. Wootten, who was senior to Col. Martin, took over command of the front on 17 January. The next day, the Australian 2/9 Infantry Battalion, aided by the tanks, attacked northward along the coast, drove through the intricate network of the enemy defenses to Cape Endaiadere, and then swung west parallel with the shore. By the 20th our line ran along Simemi Creek from the bridge to its mouth. Here we were held up until the Australian 2/10 Infantry Battalion crossed the creek north of the bridge and outflanked the enemy positions in the bridge area.

An advance northwest up the Old Strip by one Australian and two American battalions brought our troops on 28 December to the final enemy position in the Government Plantation southeast of Giropa Point. On 1–2 January the Australian 2/12 Battalion and tanks crushed this last organized strongpoint on the Warren front.

On 15 December the Warren front began to stir with preparations for an attack. During the next 3 days all three of the American battalions in the line edged forward until they were pressing tightly against the enemy all along the front.

45


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 On the 17th Brigadier Wootten assumed command. During the evening the seven General Stuart light tanks of X Squadron, Australian 2/6 Armored Regiment, rumbled up close to the front while mortars fired as rapidly as possible to conceal the noise of their motors. Later in the night a Japanese patrol alerted the front of the 1st Battalion, 128th Infantry, but moved off to the east without discovering anything.

Before dawn on the 18th, our troops in the Plantation withdrew 300 yards to allow the artillery to smash directly at the bunkers which the infantry had located in the advance of the past 3 days. During the 10-minute concentration by artillery and mortars, the Australian 2/9 Infantry Battalion under Lt. Col. Clement J. Cummings passed through the American units and worked its way toward the former front line. To insure complete surprise, these Australian units had been kept in rear areas until the actual time of the attack.

At 0700 the Australians jumped off. The artillery and mortars had wrecked the enemy front lines, and within an hour and a half, A and D Companies of the 2/9 Battalion, advancing with the tanks, had reached the Cape. They then swung west along the north coast but were stopped in front of a new line of Japanese bunkers which the artillery had not reached. Two tanks were knocked out by 13-mm antiaircraft pompoms, and after 1100 there was no further advance in this zone. During the afternoon the 3d Battalion, 128th Infantry, moved forward in the Plantation, mopping up and establishing an all-around beach defense south of the Cape.

C Company, 2/9 Battalion, attacked the enemy strongpoint at the spur of the New Strip. Enemy reinforcements were observed entering this ground in the morning, and the strongpoint put up stiff resistance throughout the day. Although tanks knocked out three or four bunkers with their 37-mm guns, the Australian infantry could not advance because of heavy fire from the remaining bunkers. Shortly after noon one tank was burned out in front of the 1st Battalion, 128th Infantry, which had been committed by this time on both flanks of C Company. Finally, in the late afternoon, the Australians began to work around the bunkers. Under the threat of being cut off, the enemy evacuated the strongpoint and fell back westward along the jungle north of the New Strip to the bunkers near the bridge. In the bridge area the 1st Battalion, 126th Infantry, 46


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47


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 were nearly identical; but in order that the ambitions in each might reign with diminished force, the Divine providence permitted them to divide; this or a greater calamity was the only alternative. The Patriarch cast out the Pope, and the Pope excommunicated the Patriarch. In those contentions violent passions were evoked, and multitudes were affected by the mischiefs they produced; truth was sacrificed upon the altar of mutual recrimination, and charity, without which there can be no useful religion, was dragged from her pedestal and lost amidst the confusion which prevailed. This separation was followed, not by any abandonment of the animosities which had been raised, but by the restoration of a political quiet. Doubtless these facts indicate the execution of a judgment: by that means the Lord, in His providence, dispersed certain ambitious principles and projects which had been carried into the spiritual world, through the decease of a succession of ecclesiastical tyrants and their abettors.

What are called "the dark ages" followed. Those periods continued to provide for the world of spirits a multitude of inhabitants who, with strong love of self and of the world, had but imperfect ideas of God, and faint perceptions of duty towards Him. These, in their turn, would encourage the development of perversity in men; and it is well known that it was the successive increase and growth of base principles and scandalous practices in the Church, which led to the adoption of those enormities against which Luther and his compatriots so heartily protested. By the defiant attitude which they assumed, and the noble exertions which they made, the whole Christian world was thrown into a commotion, aiming at better things. The result was a restoration of some of the advantages which had been lost; for besides the liberty of pro-


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 made no advance during the day, but artillery and mortar fire caused a considerable number of casualties among enemy troops in the vicinity of his bunkers.

Three of the tanks had been knocked out, and one-third of the Australians were casualties, but the Allied attack on the 18th had smashed once and for all the Japanese defenses in the Plantation. As our troops moved forward through the coconut trees, they found that the whole area was a mass of fortifications which the infantry alone could probably never have stormed. Some bunkers on the front line had roofs 3 to 4 feet thick; others had a layer of sheet iron on top and a front wall 6 feet thick. Surrounding them were individual covered fire pits with gun slits. These facts help to explain how the enemy defense had been able to stand up under our repeated attacks.

On 19 December our line pushed about 300 yards westward through the Plantation along a 1,000-yard front. The following day the 2/9 Battalion and units of the 3d Battalion, 128th Infantry, advanced into the narrow nose of land on the north side of Simemi Creek. The 1st Battalion, 128th Infantry, which had followed the withdrawing enemy along the north edge of the New Strip, joined the 1st Battalion, 126th Infantry, in assailing the bunkers on the east side of the creek, and this time every one was taken. By noon of the 20th our troops were at the bridge.

The bridge over Simemi Creek might better be called a causeway, for it crosses more swamp than stream. The creek itself is only about 6 feet wide at the crossing, although over a man's head in depth, while the bridge is 125 feet long by 10 feet wide. Our troops found that the enemy had blown a gap of some 12 feet in the bridge over the main stream and commanded the crossing with 2 light machine guns, one .50-cal. machine gun, and 30 to 40 riflemen.

The 1st Battalion, 126th Infantry, spent the rest of the 20th and most of that night in attempting to get men across the creek. After the morning attack, units reorganized and in the early afternoon reconnoitered the bridge position. At 1650–1700 artillery and mortars laid down a concentration, and at 1700–1705 the mortars provided a smoke screen. Under cover of this, the pioneers brought up a catwalk, {{dhr} 48


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49


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 but it proved to be too short to span the gap. Enemy fire from the west bank on both sides of the bridge still raked the crossing, and the attack failed. Our forces were now facing along the creek from its mouth to the bridge, with the exception of a small tip of jungle at the very end of the nose. The 1st Battalion attacked the bridge again at midnight, B Company going single-file into the creek to the south of the bridge, but the leading platoon found the water too deep for wading and the enemy opposition as stiff as ever. Action was finally called off for the night, and Brigade Headquarters decided to outflank the bridge positions from the north.

On the 21st the Australian 2/10 Battalion, under Col. James G. Dobbs, which had come up by boat on the 19th, was put in the line along the creek north of the bridge. During the day some of its men worked their way across the swampy creek at the big bend due north of the bridge. More got across during the following day, and by the 23d the entire 2/10 Battalion commanded the bridge area from the north. Enemy defenders of the bridge area were now threatened with complete encirclement but put up determined opposition when the 1st Battalion, 126th Infantry, at last succeeded in pushing across the bridge immediately after noon and moved up the southern edge of the Old Strip. The 1st Battalion was now moving parallel with the 2/10 Battalion, which was advancing in skirmisher formation along the northern edge. Later in the afternoon the 1st Battalion, 128th Infantry, crossed the bridge and moved along the jungle south of the Old Strip as a left-flank guard. By nightfall our forward elements had advanced 800 yards from the bridge up the Old Strip, and the 3d Platoon of C Company, 114th Engineers, had completely repaired the bridge. It was now capable of carrying our light tanks. The 2/9 Battalion and the 3d Battalion, 128th Infantry, remained in the area between Simemi Creek and Cape Endaiadere to guard the coast.

The three battalions west of the creek spent the next 5 days in fighting their way up the Old Strip. Until the very end of the campaign our troops always found that the Japanese, when pried out of one position, fell back into another just as strong or even stronger. The entire area of the Old Strip was commanded by a group of enemy 50


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 bunkers at the northwest end of the runway; other bunkers dotted the northern edge and the center of the strip itself. On the 24th the tanks crossed the reinforced bridge over Simemi Creek and went in on the northeast flank. They found the going difficult. One overturned in a shell crater, and enemy 37-mm fire and Molotov cocktails had immobilized the rest by 1115. Nevertheless, our line had advanced about 500 yards by nightfall, except in the sector of the 1st Battalion, 128th Infantry, which was floundering in the swamp on the extreme south flank. After dark it was brought out and stationed in the open field behind the 1st Battalion, 126th Infantry.

Christmas was just another day. As one soldier wrote, "We hung out our socks and got water in them." For the units struggling on the open surface of the Old Strip it was a particularly uncomfortable day. Christmas Eve was marked by enemy bombing and the harassing fire of our mortars. After an artillery concentration at dawn, the infantry attacked, ran up against enemy bunkers, and recoiled to their original positions. C Company, 126th Infantry, spearheading the advance on the south side of the strip, was stopped by an extremely difficult bunker. One platoon of B Company swung around our right flank, and Col. Martin, commander of the 128th Infantry, took A Company around the left, but the bunker still stood at nightfall. Our line then consisted of an open V with the arms pointed up the Old Strip, the Australians on the right and the Americans on the left, with a strong enemy pocket between them.

On the 26th our lines edged up a little as men of the 1st Battalion, 126th Infantry, outflanked and captured the bunker which had held them up the preceding day. A 25-pounder of the 2/5 Field Regiment was put into position in the vicinity of the bridge and fired armor-piercing shell with supercharge against the bunkers as they were definitely located. With this assistance the advance continued through the late afternoon of the 27th. By evening the upper end of the Old Strip had been reached, and our line began to swing around toward the north against the Government Plantation, which stretched along the coast from the mouth of Simemi Creek to Buna Mission. The 28th saw this pivoting movement completed; our line then pressed up against the Plantation and the dispersal bays at its southeastern edge bordering the Old Strip.

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Throughout our advance up the Old Strip, the situation was even more fluid than was usual during the Buna operation. Enemy units were becoming disorganized and split up. Our own units had become intermixed, and small groups of Japanese were everywhere, dressed in American and Australian uniforms, using M–1 rifles, and calling out that they were Americans. On the night of 28 December, the situation was so confused that the enemy was able to penetrate to the command post of C Company, 128th Infantry, where a hand-to-hand struggle took place in the dark.

At the Government Plantation enemy resistance stiffened. Four new Allied tanks came up and led an advance on the afternoon of the 29th. They did not start from the intended jumping-off line and got out of touch with the infantry. As the tanks approached, 52


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 the Japanese withdrew from their first line of defense to their second; then, while the tanks pushed on, they slipped back undetected to reoccupy their first line in time to stop our infantry. To prevent a repetition of the costly and unsuccessful attacks which had characterized the early fighting in the Duropa Plantation, our forces marked time until heavy reinforcements could be brought up.

On the 30th the 3d Battalion, 128th Infantry, took over the lines on the right opposite the dispersal bays, and on the 31st the Australian 2/12 Infantry Battalion, a fresh unit of the 18th Brigade, came in to the northwest of the 3d Battalion. More tanks arrived, and on 1 January the 2/12 Battalion under Lt. Col. Arthur S. W. Arnold made a thrust toward the sea across the north end of the enemy strongpoint. Within an hour of the jump-off the Australians were on the beach just southeast of Giropa Point. In the afternoon they moved south in the Plantation against the main center of enemy resistance. The 3d Battalion, 128th Infantry, closed in at the same time. By the evening of 2 January only two small enemy pockets remained. The next day the 1st and 3d Battalions, 128th Infantry, cleaned these out despite a last desperate stand by the enemy. Meanwhile, the 2/12 Battalion moved west to make contact with the Urbana Force.

The action on the Urbana front, without tank support, moved forward less dramatically but with equal success. Buna Village had been taken on 14 December by the 3d Battalion, 127th Infantry. On 16 December the Coconut Grove was taken, but attacks against the Triangle from 17 to 20 December failed. In the course of the next 3 days, units of the 127th Infantry established a bridgehead on the east bank of Entrance Creek north of the Triangle, and on 24 December they began to push a wedge to the sea between the Mission and Giropa Point. By 29 December the wedge had been driven through. The enemy thus cut off in the Mission was assailed each day until 2 January, when the Mission fell. This ended the last organized resistance in the Buna area, but for the next few days it was necessary to mop up the whole region. 53


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title: Papuan Campaign/Chapter 3


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 42 histories. As mere records of events and dates, therefore, the Chinese accounts are likely to be the best guides; and I should be inclined to substitute their data, regarding this period, for those of Mirza Haidar. I have, however, shown both in amending Mr. Erskine's epitome, as will be seen (at p. 46). A full extract from Dr. Bretschneider's translation of the Chinese history is also appended immediately below.

The three lists just spoken of, stand as follows:—

Of the two dates furnished by the Tarikh-i-Rashidi, the one indicating the year of Khizir Khwája's death is certainly incorrect, for there is evidence to show, in addition to the concurrence of the authorities named above, that this Khan did not reign up to the year 1420. The portion of the Matlaʾ Asaadin, of Abdur Razzk, translated by Quatremère, though it contains no list of these Khans, makes mention of ambassadors having been sent to Shah Rukh, of Mávará-un-Nahr, in


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 178 circumstances, the woman becomes entitled to her dower of ten dirhems or more. Muhammadans are permitted by the Qurán to marry four free women, and to have as many female slaves as he may possess. Marriages for a limited period were sanctioned by "the Prophet"; but this law is said to have been abrogated, although it is allowed by the Shíaʾhs even in the present day. These temporary marriages are called Mutʾah, and are undoubtedly the greatest blot in Muhammad's moral legislation.

Marriage is enjoined upon every Muslim, and celibacy is frequently condemned by Muhammad. The "clergy" are all married men, and even the ascetic orders are, as George Herbert would have said, "rather married than unmarried." It is related in the Hadís, that Muhammad said that, "when the servant of God marries, he perfects half his religion." Not long ago we met a Faqír of the Nukshbandía order, a man of considerable reputation


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Rh at the court of Cabul, who said that he wished to lead a celibate life, but that his disciples had insisted upon his "perfecting his religion" by entering upon the married state!

As the religious ceremony does not form part of the legal conditions of marriage, there is no uniformity of ritual observed in its celebration. Some Qázís merely recite the Fátihah (the first chapter of the Qurán), and the Darúd, or blessing; but the following is the more common order of performing the service. The Qází, the bridegroom, and the bride's attorney, with the witnesses having assembled in some convenient place, arrangements are made as to the amount of Dower, or Mahr. The bridegroom then repeats after the Qází the following:—

1. The Istighfár, "I desire forgiveness from God, who is my Lord."

2. The four chapters of the Qurán commencing with the word "Qul." These chapters have nothing in them connected with the subject of marriage, and appear to be selected on account of their brevity.

3. The Kalima, or Creed. "There is no deity but God, and Muhammad is the Prophet of God."


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 180 4. The Sift-ul-Imán. A profession of belief in God, the angels, the scriptures, the prophets, the resurrection, and in fate or absolute decree of good and evil.

The Qází then requests the bride's attorney to take the hand of the bridegroom, and to say, "Such an one's daughter, by the agency of her attorney, and by the testimony of two witnesses, has, in your marriage with her, had such a dower settled upon her, do you consent to it?" To which the bridegroom replies, "With my whole heart and soul, to my marriage with this woman as well as to the dower already settled upon her, I consent, I consent, I consent!"

After this the Qází raises his hands, and offers the following prayer:—

"O great God! grant that mutual love may reign between this couple, as it existed between Adam and Eve, Abraham and Sarah, Joseph and Zulekha, Moses and Zipporah, his Highness Muhammad and ʾA′yesha, and his Highness ʾAli Murtuza and Fátimah-uz-Zahra."


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 Rh The ceremony being over, the bridegroom embraces his friends and receives their congratulations. Nikah is preceded and followed by festive rejoicings, which have been variously described by Oriental travellers; but they are not parts of either the civil or religious ceremony.


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 Rh by pronouncing the sentence, "thou art divorced," during his wife's period of purity, and at intervals of a month.

(43. [sic]) Taláq-i-Bidʾaí, or "an irregular form of divorce," is when the husband repeats the sentence three times on one occasion.

Whenever the sentence of divorce is repeated three times it is a Taláq-i-Mutlaq, or an irrevocable divorce, after which the husband cannot marry his repudiated wife until she has married and lived with another, and is divorced by her second husband.

In all cases of repudiation, except when a wife requests her husband to divorce her, the dower must be repaid to the woman, an arrangement which often prevents a man exercising the privilege.

The ground of divorce, under the Mosaic law, was "some uncleanness in her" (vide Deut. xxiv. 1–4), and of which there were two well-known interpretations. The school of Shammai seemed to limit it to a moral delinquency in the woman, whilst that of Hillel extended it to the most trifling causes. Our Lord appears to have confirmed the interpre-


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184 tation of Shammai (St. Matt. v. 32), whilst Muhammad adopted that of Hillel, but dispensing with the "bill of divorcement" enjoined by the Mosaic code, thereby placing the woman entirely at the will and caprice of her husband.


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is the term used both for the bier and for the Muhammadan funeral service. The burial service is founded upon the practice of Muhammad, and varies but little in different countries, although the ceremonies connected with the funeral procession are diversified. In Egypt, for instance, the male relations and friends of the deceased precede the corpse, whilst the female mourners follow behind. In North India and Central Asia, women do not usually attend funerals, and the friends and relatives of the deceased walk behind the bier. There is a tradition amongst some Muhammadans that no one should precede the corpse, as the angels go before. Funeral processions in Central Asia are usually very simple in their arrangements, and are said to be more in accordance with the practice of the "Prophet," than those of Egypt and Turkey. It is con-


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 186 sidered a very meritorious act to carry the bier, and four from among the near relations, every now and then relieved by an equal number, carry it on their shoulders. Unlike our Christian custom of walking slowly to the grave, Muhammadans carry their dead quickly to the place of interment; for Muhammad is related to have said, that it is good to carry the dead quickly to the grave to cause the righteous person to arrive soon at happiness, and if he be a bad man it is well to put wickedness away from one's shoulders. Funerals should always be attended on foot; for it is said, that Muhammad on one occasion rebuked his people for following a bier on horseback. "Have you no shame?" said he, "since God's angels go on foot, and you go upon the backs of quadrupeds?" It is a highly meritorious act to attend a funeral, whether it be that of a Muslim, a Jew, or a Christian. There are, however, two traditions given by Bokhárí, which appear to mark a change of feeling on the part of the time-serving Prophet of Arabia towards the Jews and Christians. "A bier passed by the Prophet, and he stood up; and it was said to the Prophet, this is the bier of


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 day the sketch which the boy had made of a coat of arms on a silver salver having attracted the notice of a customer whom his father was shaving, the latter was urged to allow his son to follow his bias, and he was eventually permitted to follow art as a profession. Like all young artists, Turner had many difficulties to encounter, and they were all the greater that his circumstances were so straitened. But he was always willing to work, and to take pains with his work, no matter how humble it might be. He was glad to hire himself out at half-a-crown a night to wash in skies in Indian ink upon other people's drawings, getting his supper into the bargain. Thus he earned money and acquired expertness. Then he took to illustrating guide-books, almanacs, and any sort of books that wanted cheap frontispieces. "What could I have done better?" said he afterwards; "it was first-rate practice." He did everything carefully and conscientiously, never slurring over his work because he was ill-remunerated for it. He aimed at learning as well as living; always doing his best, and never leaving a drawing without having made a step in advance upon his previous work. A man who thus laboured was sure to do much; and his growth in power and grasp of thought was, to use Ruskin's words, "as steady as the increasing light of sunrise." But Turner's genius needs no panegyric; his best monument is the noble gallery of pictures bequeathed by him to the nation, which will ever be the most lasting memorial of his fame.

To reach Rome, the capital of the fine arts, is usually the highest ambition of the art student. But the journey to Rome is costly, and the student is often poor. With a will resolute to overcome


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 difficulties, Rome may, however, at last be reached. Thus François Perrier, an early French painter, in his eager desire to visit the Eternal City, consented to act as guide to a blind vagrant. After long wanderings he reached the Vatican, studied and became famous. Not less enthusiasm was displayed by Jacques Callot in his determination to visit Rome. Though opposed by his father in his wish to be an artist, the boy would not be baulked, but fled from home to make his way to Italy. Having set out without means, he was soon reduced to great straits; but falling in with a band of gipsies, he joined their company, and wandered about with them from one fair to another, sharing in their numerous adventures. During this remarkable journey Callot picked up much of that extra-ordinary knowledge of figure, feature, and character which he afterwards reproduced, sometimes in such exaggerated forms, in his wonderful engravings.

reached Florence, When Callot at length reached Florence, a gentleman, pleased with his ingenious ardour, placed him with an artist to study; but he was not satisfied to stop short of Rome, and we find him shortly on his way thither. At Rome he made the acquaintance of Porigi and Thomassin, who, on seeing his crayon sketches, predicted for him a brilliant career as an artist. But a friend of Callot's family having accidentally encountered him, took steps to compel the fugitive to return home. By this time he had acquired such a love of wandering that he could not rest; so he ran away a second time, and a second time he was brought back by his elder brother, who caught him at Turin. At last the father, seeing resistance was in vain, gave his reluctant consent to Callot's


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 especially fond of grotesque subjects, which he treated with great skill; his free etchings, touched with the graver, being executed with especial delicacy and wonderful minuteness.

Still more romantic and adventurous was the career of Benvenuto Cellini, the marvellous gold-worker, painter, sculptor, engraver, engineer, and author. His life, as told by himself, is one of the most extraordinary autobiographies ever written. Giovanni Cellini, his father, was one of the Court musicians to Lorenzo de Medici at Florence; and his highest ambition concerning his son Benvenuto was that he should become an expert player on the flute. But Giovanni, having lost his appointment, found it necessary to send his son to learn some trade, and he was apprenticed to a goldsmith. The boy had already displayed a love of drawing and of art; and, applying himself to his business, he soon became a dexterous workman. Having got mixed up in a quarrel with some of the towns-people, he was banished for six months, during which period he worked with a goldsmith at Sienna, gaining further experience in jewellery and gold-working.

His father still insisting on his becoming a flute-player, Benvenuto continued to practise on the instrument, though he detested it. His chief pleasure was in art, which he pursued with enthusiasm. Returning to Florence, he carefully studied the designs of Leonardo da Vinci and Michael Angelo; and, still further to improve himself in gold-working, he went on foot to Rome, where he met with a variety of adventures. He returned to Florence with the reputation of being a most expert worker in the precious metals, and


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 his skill was soon in great request. But being of an irascible temper, he was constantly getting into scrapes, and was frequently under the necessity of flying for his life. Thus he fled from Florence in the disguise of a friar, again taking refuge at Sienna, and afterwards at Rome.

During his second residence in Rome, Cellini met with extensive patronage, and he was taken into the Pope's service in the double capacity of goldsmith and musician. He was constantly studying and improving himself by acquaintance with the works of the best masters. He mounted jewels, finished enamels, engraved seals, and designed and executed works in gold, silver, and bronze, in such a style as to excel all other artists. Whenever he heard of a goldsmith who was famous in any particular branch, he immediately determined to surpass him. Thus it was that he rivalled the medals of one, the enamels of another, and the jewellery of a third; in fact, there was not a branch of his business that he did not feel impelled to excel in.

Working in this spirit, it is not so wonderful that Cellini should have been able to accomplish so much. He was a man of indefatigable activity, and was constantly on the move. At one time we find him at Florence, at another at Rome; then he is at Mantua, at Rome, at Naples, and back to Florence again; then at Venice, and in Paris, making all his long journeys on horseback. He could not carry much luggage with him; so, wherever he went, he usually began by making his own tools. He not only designed his works, but executed them himself,—hammered and carved, and cast and shaped them with his own hands.


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RAJE SAHEB FATTEH SINGH alias BAPUSAHEB RAJE BHONSLE.

Chief of Akalkot.


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HON'BLE SIRDAR SHRI NARSINGHJI. Thakorsaheb of Amod.


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SHR1MANT:BHAWAN RAO alias BALASAHEB PANT PRATINIDH1.

Chief of Aundh.


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MAHARAWAL SHRl INDRA S1NGHJ1. Raja of Bansda.


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 "Now I was standing alone before the precipice, and was well aware of it. The imprudence of my leader did not escape my notice: It would have cost me no more but a resolute effort to pull up the ladder, and I would have been restored to liberty, and effected my escape without the least danger of being overtaken by the inhabitants of the cavern; I cannot but confess that I had some temptation to do it: Looking down into the abyss I was struck with an obscure idea of the bottomless gulph of hell, from whence there is no redemption to be expected. I began to shudder at the new course of life which I was going to commence. A sudden flight only could have saved me. I was half determined to effect my escape, and already stretching out my hand to pull up the ladder, when suddenly I fancied to hear a thundering voice as if from the womb of hell, 'What has a murderer to risk?' and my arm lost its hold, and every power


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HIS HIGHNESS NAWAB JAMIYAT KHAN. Nawab OF Balasinor.


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SHRIMANT MADHAO RAO MORESHWAR PANT AMATYA.

Chief of Bawda.


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SHRIMANT SHANKAR RAO PANT SACHfVA. Chief of Bhoa.


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Bourne. & Shepherd, India.

H. H. NAWAB JAFAR ALI KHAN SAHEB BAHADUR.

Nawab of Cambay.


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When Langton Hyde was brought up before the magistrate next morning, the court was crowded to its utmost limits; and Viner, looking round him from his seat near the solicitors' table saw that most of the people interested in the case were present. Mr. Carless was whispering with Mr. Pawle; Lord Ellingham had a seat close by; in the front of the public gallery Miss Penkridge, grim and alert, was in charge of the timid and shrinking sisters of the unfortunate prisoner. There, too, were Mr. Armitstead and Mr. Isidore Rosenbaum, and Mr. Perkwite, all evidently very much alive to certain possibilities. But Viner looked in vain for either Methley or Woodlesford or their mysterious client; they were certainly not present when Hyde was put into the dock, and Viner began to wonder if the events of the previous day had warned Mr. Cave and those behind him to avoid publicity.

Instructed by Viner, who was determined to spare neither effort nor money to clear his old schoolmate, Felpham had engaged the services of one of the most brilliant criminal barristers of the day, Mr. Millington-Bywater, on behalf of his client; and he and Viner had sat up half the night with him, instructing him


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 in the various mysteries and ramifications of the case. A big, heavy-faced, shrewd-eyed man, Mr. Millington-Bywater made no sign, and to all outward appearance showed no very great interest while the counsel who now appeared on behalf of the police, completed his case against the prisoner.

The only new evidence produced by the prosecution was that of the greengrocer on whose premises Hyde had admitted that he passed most of the night of the murder, and in whose shed the missing valuables had been found. The greengrocer's evidence as to his discovery was given in a plain and straightforward fashion—he was evidently a man who would just tell what he actually saw, and brought neither fancy nor imagination to bear on his observation. But when the prosecution had done with him, Mr. Millington-Bywater rose and quietly asked the police to produce the watch, chain and ring which the greengrocer had found, in their original wrappings. He held up the wrapping-papers to the witness and asked him if he could swear that this was what he had found the valuables in and had given to the police. The greengrocer was positive as to this; he was positive, too, that the other wrappings which Felpham had carefully preserved were those which had been on the outside of the parcel and had been thrown aside by himself on its discovery and afterwards picked up by Viner. Mr. Millington-Bywater handed all these papers up to the magistrate, directing his attention to the strong odour of drugs or chemicals which still pervaded them, and to the address of the manufacturing chemists which appeared on the outer wrapping. The magistrate seemed somewhat mystified.


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 "What is the object of this?" he asked, glancing at the defending counsel. "It is admitted that these are the wrappings in which the watch, and chain and ring were found in the witness's shed, but"—he paused, with another inquiring look—"you propose to—what?" he asked.

"I propose, Your Worship, to prove that these things were never put there by the prisoner at all!" answered Mr. Millington-Bywater, promptly and with an assurance which was not lost on the spectators. "I intend to show that they were purposely placed in that outhouse by the real murderer of John Ashton after the statement made by the prisoner at the inquest became public—placed there, of course, to divert any possible suspicion of himself.

"And now," he continued, after the greengrocer had left the box and the prosecuting counsel had intimated that he had no more evidence to bring forward at present, "now I will outline the defence which I shall set up on behalf of my client. I intend to prove that John Ashton was murdered by some man not yet discovered, who killed him in order to gain possession of certain papers which he carried on him—papers of extreme importance, as will be shown. We know where certain of those papers are, and we hope before very long to know where the rest are, and also where a certain very valuable diamond is, which the murdered man had on him at the time of his death. I shall, indeed, prove that the prisoner—certainly through his own foolishness—is wrongly accused. It will be within your worship's recollection that when the prisoner was first before you, he very unwisely refused to give his name and address or any informa-


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 tion—he subsequently repented of that and made a statement, not only to the police but before the coroner. Now, I propose to put him into that box so that he may give evidence, and I shall then call certain witnesses who will offer evidence which will go to prove that what I say as regards the murder of Ashton is more than probable—namely, that he was murdered for the sake of the documents he had on him, and that the spoiling of his money and valuables was a mere piece of bluff, intended to mislead. Let the prisoner go into the box!"

There was a continued deep silence in court while Hyde, under examination, repeated the story which he had told to Viner and Drillford and before the coroner and his jury. It was a plain, consecutive story, in which he set forth the circumstances preceding the evening of the murder and confessed his picking up of the ring which lay on the pavement by Ashton's body. He kept his eyes steadily fixed on Mr. Millington-Bywater under this examination, never removing them from him save when the magistrate interposed with an occasional remark or question. But at one point a slight commotion in court caused him to look among the spectators, and Viner, following the direction of his eyes, saw him start, and at the same instant saw what it was that he started at. Methley, followed by the claimant, was quietly pushing a way through the throng between the door and the solicitor's table.

Viner leaned closer to Mr. Pawle.

"Do you see?" he whispered. "Hyde evidently recognizes one of those two! Now—which?"

Mr. Pawle glanced at the prisoner. Hyde's face,


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 hitherto pale, had flushed a little, and his eyes had grown bright; he looked as if he had suddenly seen a friend's face in a hostile crowd. But Mr. Millington-Bywater, who had been bending over his papers, suddenly looked up with another question, and Hyde again turned his attention to him.

"All that you really know of this matter," asked Mr. Millington-Bywater, "is that you chanced to turn up Lonsdale Passage, saw a man lying on the pavement and a ring close by, and that, being literally starving and desperate, you snatched up that ring and ran away as fast as you could?"

"Yes—that is all," asserted Hyde. "Except that I had met a man, as I have already told you, at the end of the passage by which I entered."

"You did not even know whether this man lying on the pavement was alive or dead?"

"I thought he might be drunk," replied Hyde. "But after I had snatched up the ring I never thought at all until I had run some distance. I was afraid of being followed."

"Now why were you afraid of being followed?"

"I was famishing!" answered Hyde. "I knew I could get something, some money, on that ring, in the morning, and I wanted to stick to it. I was afraid that the man whom I met as I ran out of the passage, whom I now know to have been Mr. Viner, might follow me and make me give up the ring. And the ring meant food."

Mr. Millington-Bywater let this answer sink into the prevalent atmosphere and suddenly turned to another matter. The knife which had been found in Hyde's possession was lying with certain other ex-


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 hibits on the solicitor's table, and Mr. Millington-Bywater pointed to it.

"Now about that knife," he said. "It is yours? Very well—how long have you had it?"

"Three or four years," replied Hyde, promptly. "I bought it when I was touring in the United States, at a town called Guthrie, in Oklahoma. And," he added suddenly and with a triumphant smile as of a man who is unexpectedly able to clinch an argument, "there is a gentleman there who was with me when I bought it—Mr. Nugent Starr!"

From the magistrate on his bench to the policeman at the door every person in court turned to look at the man to whom the prisoner pointed an out-stretched finger. And Mr. Pawle let out an irrepressible exclamation.

"Good God!" he said. "The claimant fellow!"

But Viner said nothing. He was staring, as everybody else was, at the man who sat by Methley. He, suddenly aware that Hyde had pointed to him, was obviously greatly taken aback and embarrassed—he looked sharply at the prisoner, knitted his brows, shook his head, and turning to Methley muttered something which no one else caught. Mr. Millington-Bywater looked at him and turned to his client.

"You say there is a gentleman here—that gentleman!—who was with you when you bought that knife?" he asked. "A friend of yours, then?"

"Well—we were playing in the same company," asserted Hyde. "Mr. Moreby-Bannister's company. He was heavy lead—I was juvenile. He knows me well enough. He was with me when I bought that knife in a hardware store in Guthrie."


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 The magistrate's eye was on the man who sat by Methley, and there was a certain amount of irritation in it. And suddenly Methley whispered something to his companion and the man shyly but with a noticeable composure stood up.

"I beg Your Worship's pardon," he said, quietly, with a polite bow to the bench, "but really, the witness is under a mistaken impression! I don't know him, and I have never been in the town he mentions—in fact, I have never been in the United States. I am very sorry, but, really, there is some strange mistake—I—the witness is an absolute stranger to me!"

The attention of all present was transferred to Hyde. And Hyde flushed, leaned forward over the ledge of the witness-box and gave the claimant a long, steady stare.

"No mistake at all!" he suddenly exclaimed in a firm voice. "That's Mr. Nugent Starr! I played with him for over twelve months."

While this had been going on, Felpham on one side, and Carless on the other, had been whispering to Mr. Millington-Bywater, who listened to both with growing interest, and began to nod to each with increasing intelligence—and then, suddenly, the prosecuting counsel played unexpectedly and directly into his hand.

"If Your Worship pleases," said the prosecuting counsel, "I should like to have the prisoner's assertion categorically denied—it may be of importance. Perhaps this gentleman will go into the box and deny it on oath."

Mr. Millington-Bywater sat down as quickly as if a heavy hand had forced him into his seat, and Viner


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 will order soldiers (bitati). Yankhamu with the of my poor land  The Paka of the city Cumidi  and they have marched  Gebal  to a faithful servant.”

83 B.—A much broken fragment, referring to the taking of Simyra, appears to belong to this period.

43 B.—“Ribadda speaks to the King of many lands. At the feet (of my Lord) seven times and seven times I bow (a servant) forever. Lo! the city of Gebal is his place—the Sun-God revered by many lands. Lo! I am the footstool at the feet of the King my Lord; I am also his faithful servant. Now as to the city Simyra the sword of these fellows has risen very strong against her and against me. And so now the destruction of the city of Simyra is at her gates. She has bowed down before them and they have conquered her power.

“To what purpose have they sent here to Ribadda a letter (saying )thus: ‘Peace to the palace from its brethren before Simyra.’ Me! they have fought against me for five years, and thus they have sent to my Lord. As for me not (to be forgotten is?) Yapahaddu not to be forgotten is Zimridi. All the fortresses they have ruined there was no cause of strife with the city of Simyra ” The next passage is much damaged. “And as said to what purpose have they sent a letter to Ribadda? In the sight of the King my Lord they have feigned to please me, they have pretended to please me, and now they proclaim peace. Truly thus behold it is with me. Let me learn the intention of my Lord, and will not he order Yankhamu with the Paka, Yankhamu joined beside the King my Lord, to lay waste? From before the chiefs of the Hittite chief men have fled and all the chiefs are afraid thereat. May it please my Lord also shall not he be (degraded?) who was thy commander of the horse with thy servant, to move the chiefs when we two went forth to the wars of the King my Lord, to occupy my cities which I name before my Lord. Know my Lord when they went forth with the


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 saw a swift look of gratification cross his features. Close by, Mr. Pawle chuckled with joy.

"By the Lord Harry!" he whispered, "the very thing we wanted! No need to wait for the adjourned coroner's inquest, Viner—the thing'll come out now!"

Viner did not understand. He saw Hyde turned out of the box; he saw the claimant, after an exchange of remarks with Methley, step into it; he heard him repeat on oath the denial he had just uttered, after stating that his name was Cave, and that he lived at the Belmead Hotel, Lancaster Gate; and he saw Mr. Millington-Bywater, after exchanging a few questions and answers in whispers with Hyde over the ledge of the dock, turn to the witness as he was about to step down.

"A moment, sir," he said. "I want to ask you a few questions, with the permission of His Worship, who will soon see that they are very pertinent. So," he went on, "you reside at the Belmead Hotel, in Lancaster Gate, and your name is Edward Cave?"

"At present," answered the witness, stiffly.

"Do you mean that your name is Edward Cave—at present?"

"My name is Edward Cave, and at present I live—as I have stated," replied the witness with dignity.

"You have just stated, on oath, that you are not Nugent Starr, have never been so called, don't know the prisoner, never met him in America, have never set foot in America! Now, then—mind, you're on your oath!—is Edward Cave your real or full name?"

"Well, strictly speaking," answered the witness, after some hesitation, "no, it is not. My full name


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 is Cave-Gray—my family name; but for the present—"

"For the present you wish to be called Mr. Cave. Now, sir, are you not the person who claims to be the rightful Earl of Ellingham?"

A murmur of excited interest ran round the court, and everybody recognized that a new stage of the case had been entered upon. Every eye, especially the observant eyes on the bench, were fixed on the witness, who now looked considerably ruffled. He glanced at Methley—but Methley sat with averted look and made no sign; he looked at the magistrate; the magistrate, it was plain, expected the question to be answered. And the answer came, almost sullenly.

"Yes, I am!"

"That is to say, you are really—or you claim to be really—the Lord Marketstoke who disappeared from England some thirty-five years ago, and you have now returned, though you are legally presumed to be dead, to assert your rights to titles and estates? You absolutely claim to be the ninth Earl of Ellingham?"

"Yes!"

"Where have you been during the last thirty-five years?"

"In Australia."

"What part?"

"Chiefly in Melbourne. But I was for four or five years up-country."

"What name did you go under there?"

Mr. Pawle, Mr. Carless and the rest of the spectators who were in these secrets regarded the witness with keen attention when this question was put to him. But his answer came promptly.


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 "At first, under the name of Wickham. Later under the one I now use—Cave."

"Did you marry out there?"

"Never!"

"And so, of course, you never had a daughter?"

"I have never been married and have never had daughter or son!"

Mr. Millington-Bywater turned to Mr. Carless, at his left elbow, and exchanged two or three whispered remarks with him. At last he looked round again at the witness.

"Yesterday," he said, "in your character of claimant to the Ellingham title and estates you showed to Messrs. Carless & Driver, of Lincoln's Inn Fields, and to the present holder of the title, certain documents, letters, papers, which would go some way toward establishing your claim to be what you profess to be. Now, I will say at once that we believe these papers to have been stolen from the body of John Ashton when he was murdered. And I will ask you a direct question, on your oath! Have those papers always been in your possession since you left England thirty-five years ago?"

The witness drew himself up and looked steadily at his questioner.

"No!" he answered firmly. "They were stolen from me almost as soon as I arrived in Australia. I have only just regained possession of them."


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RV 444 (ANSWER.])