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 aforementioned study aid to various individuals free of charge. Id. ¶32.

In September, 1990, the Urantia Foundation was notified that an unidentified source was distributing computer disks that contained the entire text of The URANTIAUrantia [sic] Book. (Second Aff. of Wharton Ex. A, ¶16.) In November, 1990, the plaintiff discovered a second set of computer disks that not only contained the entire text of The URANTIAUrantia [sic] Book but bore the plaintiffs trademarks: “URANTIA” and the symbol of three blue concentric circles. Id. ¶22. In January, 1991, the plaintiff surmised that the defendant was the source of the computer disks and, shortly thereafter, filed the instant action against her. The defendant admits she had full knowledge of the plaintiff’s use and registration of its trademarks when she distributed the computer disks but denies that her actions constitute infringement. ((Revised) Def.’s Substitute 2nd Am. Answer and Countercl. for Cancellation of Federal Trademark Registrations at 4, ¶¶24–25.) [hereinafter Def.’s Answer).

A motion for summary judgment is properly granted if the pleadings and evidence submitted in support of the motion show that “there is no genuine issue as to any material fact and … the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); Calnetics Corp. v. Vokswagen of Am., Inc., 582 F.2d 674, 683 n. 11 (9th Cir.), ''cert. denied'', 429 U.S. 940, 97 S.Ct. 355, 50 L.Ed.2d 309 (1976). The moving party has the burden of demonstrating the absence of a genuine issue of material fact. Blair Foods, Inc. v. Ranchers Cotton Oil, 610 F.2d 665, 668 (9th Cir.1980). A genuine issue of material fact exists when there is sufficient evidence favoring the party opposing the motion for a jury to return a verdict for that party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); First Nat. Bank of Arizona v. Cities Serv. Co., 391 U.S. 258, 288–89, 88 S.Ct. 1575, 1592–93, 20 L.Ed.2d 569 (1968). If the moving party meets its initial burden, then the burden shifts to the opposing party to produce evidence of the existence of a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In deciding a motion for summary judgment, all evidence is considered in a light most favorable to the party opposing the motion. Blair Foods, 610 F.2d at 668 (citations omitted). “If the evidence is merely colorable or is not significantly probative, summary judgment may be granted.” Anderson, 477 U.S. at 249–50, 106 S.Ct. at 2510–11 (citations omitted).

The plaintiff brings this action pursuant to the Trademark Act of 1946. Section 1114 of the Act requires that the plaintiff in a trademark infringement action show that the defendant (1) without consent, (2) used in commerce, (3) a reproduction, copy or colorable imitation of the plaintiff’s registered mark in connection with a sale or distribution of goods or services, and (4) that such a use is likely to cause confusion. See 15 U.S.C. § 1114(1)(a) (1988); Gruner + Jahr USA Publishing v. Meredith Corp., 991 F.2d 1072, 1075 (2d Cir.1993); Kelley Blue Book v. Car-Smarts, Inc., 802 F.Supp. 278, 284 (C.D.Cal.1992). Ms. Maaherra admits that she did not have the plaintiff’s consent to reproduce exact copies of the plaintiff’s marks on her computer disks before she distributed the disks throughout the United States. (Def.’s Answer at 3–4, ¶¶13, 25–27.) Therefore, to prevail on its claim of trademark infringement, the plaintiff must overcome only two obstacles. The plaintiff must prove that it has a valid mark entitled to protection and that the defendant’s use of the mark is likely to cause confusion in the minds of the public.

The defendant admits that the plaintiff has obtained trademark registration certificates for both “URANTIA” and the


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94 conducted in some other estates, when there were two Managers. If there be only one person, he thinks too much of himself or thinks himself equal to his master; he may put off work, leave it in arrears, or may neglect to do what is to be done. If there are two Managers, they consider themselves nearly equal to each other, and so there will be a sort of rivalry between them; and in the absence of one for any cause, the other will dispose of the work. If you cannot get a suitable man for the Head Managership in your own establishment, give the second Managership to one already in your service. Then all the officers, such as Amins or Tahsildars and the heads of the various departments, will aspire to the Managership, and work hard and well. Of course this method of having two Managers is not intended for small estates.

Again, from my own experience, I should

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 of three blue concentric circles. (Def.’s Answer at 3, ¶10.) “Federal registration of a trademark endows it with a strong presumption of validity.” Coca-Cola Co. v. Overland, Inc., 692 F.2d 1250, 1254 (9th Cir.1982) (citing Miss Universe, Inc. v. Patricelli, 408 F.2d 506, 509 (2d Cir.1969)); accord Park ’N Fly, Inc. v. Dollar Park and Fly, Inc., 469 U.S. 189, 196, 105 S.Ct. 658, 662–63, 83 L.Ed.2d 582 (1985) (citation omitted); see 15 U.S.C. § 1057(b) (1988). In addition to being prima facie evidence of the registered mark’s validity, the certificates of registration are prima facie evidence of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark. Pacific Telesis Group v. International Telesis Communications, 795 F.Supp. 979, 982 (C.D.Cal.1991), aff’d, 994 F.2d 1364 (9th Cir.1993). The defendant attempts to rebut this presumption by claiming that the plaintiff’s trademarks are generic and were obtained fraudulently. The plaintiff responds by arguing that its trademarks are incontestable.

The plaintiff claims that “since the Foundation’s marks all have been registered and continuously used for more than five years … they have become incontestable.” (Br. in Support of Pl.’s Mot. for Partial Summ. [J.] on Trademark Issues at 4.) [hereinafter Pl.’s Br.]. However, before a registered mark may be deemed incontestable “an affidavit [shall be] filed with the Commissioner within one year after the expiration of any such five-year period setting forth those goods or services stated in the registration.” 15 U.S.C. § 1065(3) (1988). No such affidavit is in the record.

Moreover, whether the plaintiff’s marks have acquired incontestable status is relatively unimportant. The defendant alleges the defenses of genericness, fraud, and “no likelihood of confusion.” Each of these allegations, if proven, overcomes a mark’s incontestable status. See 15 U.S.C. § 1068(4) (1988) (“[N]o incontestable right shall be acquired in a mark which is … generic.”); 15 U.S.C. § 1115(b)(1) (1988) (declaring incontestability subject to a defense of fraud); Gruner, 991 F.2d at 1078 (explaining Trademark Law Revision Act of 1988 “made clear that incontestability does not relieve the trademark owner from the requirement of proving likelihood of confusion”).

The defendant claims that the plaintiff engaged in “fraudulent activities in obtaining federal trademark registrations of the concentric circles symbol and the names Urantia and Urantian.” (Def.’s Answer at. 5, ¶4.) The alleged fraudulent activities include the plaintiff’s failure to disclose to the United States Patent and Trademark Office the possible religious significance of the plaintiff’s marks. Id. at 20–21. However, “[n]othing in the Constitution prohibits a religious organization from owning property—and a trademark is a property right.” ''National Bd. of YWCA v. YWCA of Charleston'', 335 F.Supp. 615, 625 (D.S.C.1971).

In support of her claim, the defendant offers numerous broad and unsubstantiated allegations but only one piece of evidence, a letter from a Trademark Examiner. See (Def.’s Facts at App. 1A.) The letter addresses the inconsistencies in the plaintiff’s application to register a mark identified by Serial No. 398,004. The trademarks at issue are identified by Serial Nos. 157,177; 157,234; 372,049; and 372,050. See (Pl’s Compl. at Exs. C–F.) Therefore, any statements made by the plaintiff that prompted the letter or were in response to the letter is not shown to have been a deliberate attempt to mislead the Patent and Trademark Office into registering the trademarks at issue. See Robi v. Five Platters, Inc., 918 F.2d 1439, 1444 (9th Cir.1990) (describing elements of successful fraud claim); Official Airline Guides, Inc. v. Churchfield Publications, Inc., 756 F.Supp. 1398, 1399–400 (D.Or.1990) (holding scienter required to prevail on fraud claim), aff’d sub nom., [sic] Official Airline Guides, Inc. v. Goss, 6 F.3d 1385 (9th Cir.1993). Accordingly, I find no merit in the defendant’s allegation of fraud.


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 moment, as the railways were not paying their way, the railwaymen appeared no longer anxious to own them, and the claim was opportunely altered; instead of «the railways to the railwaymen», it was to be «the income of the railways to the railwaymen», which was more convenient and safer, because it would have enabled the railwaymen collect the revenues without bothering about the expenses.

We have a typical instance of the manner in which the State itself contributed to organize disorder in the fact that no less than 546 railway servants, members of the Red Syndicate (notorionslynotoriously [sic] a revolutionary body) had at that time free passes, were exempted from all duties and drew their regular salaries and allowances, although it was wellknown that they themselees were the organizers of the daily suspensions of the service. This circumstance was denounced in the Chamber, and the Minister not only took no measures to put an end to the scandal, but did not even utter a word of protest, so that the only result was to arouse the ironical laughter of the Socialist deputies!


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 Furthermore, the so-called «little railway Parliament» was created by law; it was an emanation of the railway servants and constituted neither more nor less than the chief source of insubordination and of the subversion of every sound administrative rule.

If this occured in the most important and delicate branch of the public service, it is easy to see how, with these tendencies predominating, a scheme for the control of industry should have matured, and how organs should have been evolved constituting a beginning of the introduction of factory councils and of those other conceptions calculated to ruin industry, trade and every form of productive progress. Here too it was not a case of isolated ideas, but of initiatives emanating from Parliament and passed on to the Government, so much so that a definite plan and a Commission existed for studying the details of execution of this marvellous system of workmen's control over industry.

The Socialists had got possession of a large number of municipal administrations, and the manner in which they squandered the public funds was indescribable.


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 Their extravagance was due incompetence, to their professed contempt for the bourgeois classes which were expected to pay for everything and also to dishonesty. Things reached this pitch with the culpable connivence of the Government. If some Prefect denounced these irregular practises, he was ordered not to trouble about them; if the exceptional seriousness of the facts or the complete insolvency of the local administration rendered the intervention of the State imperative, the official reports, instead of being transmitted to the public prosecutor, were jealously hidden away. These are not fantastic stories, but facts which have occurred very near to us, viz. in Milan. The Milan municipality ostentatiously violated the law, arbitrarily indulged in unlimited expenses subsidized party congresses, paid for electoral propaganda out of municipal funds, created jobs for Socialists; in one comme of the the province of Milan gratuities were given to the employees on the undertaking that half of the amount was to be paid over to the Socialist club; the local political authorities called the attention of the Government to these irregularities, but the order came from Rome to hush the


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“The general presumption of validity resulting from federal registration includes the specific presumption that the trademark is not generic.” Coca-Cola, 692 F.2d at 1254. Furthermore, the plaintiff is entitled to benefit from any relevant presumptions that support its motion for summary judgment. Id. (citing United States v. General Motors Corp., 518 F.2d 420, 441–42 (D.C.Cir.1975)). Therefore, the plaintiff, relying on the aforementioned presumptions, has met its burden of demonstrating that the genericness of its trademarks does not raise a genuine issue of material fact.

The defendant attempts to rebut the plaintiff’s presumption against genericness by misrepresenting cases and selectively quoting statutes. Section 1064 of the Lanham Act states in pertinent part: "A registered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become … generic."

15 U.S.C. § 1064(3) (1988). The defendant argues that it is impossible to convey the principles espoused in The URANTIAUrantia [sic] Book without using “URANTIA” or the symbol of three blue concentric circles. (Def.’s Answer at 19.) As the first sentence quoted above clearly indicates, a mark does not become generic simply because it identifies a unique product.

The defendant correctly states that the “relevant public” for determining genericness is “the pool of potential purchasers of Urantia books.” (Def.’s Br. at 8.) She then inappropriately drains the pool of all but the established “adherents to the Urantia teachings.” Id. The pool, however, must include all potential purchasers: the avid, the novice, and the not yet acquainted. See, e.g., Park ’N Fly, Inc. v. Dollar Park and Fly, Inc., 718 F.2d 327, 330 (9th Cir.1983) (holding relevant public includes not only business operators and participants but also consumers at large), rev’d on other grounds, 469 U.S. 189, 105 S.Ct. 658, 838 L.Ed.2d 582 (1985); Surgicenters of Am., Inc. v. Medical Dental Surgeries, Co., 601 F.2d 1011, 1017 (9th Cir.1979) (finding relevant public includes both medical community and potential patients); Berner Int’l Corp. v. Mars Sales Co., 987 F.2d 975, 983 (3d Cir.1993) (holding relevant public for “air curtain” includes manufacturers, architects, construction companies, building managers, and others); Murphy Door Bed Co. v. Interior Sleep Sys., Inc., 874 F.2d 95, 101 (2d Cir.1989) (finding substantial majority of public considers “Murphy bed” to be generic); Magic Wand, Inc. v. RDB, Inc., 940 F.2d 638, 640 (Fed.Cir.1991) (defining relevant public as “public which does or may purchase the goods”); see also S.Rep. No. 627, 98th Cong., 2d Sess. 2–4 (1984), U.S.Code Cong. & Admin.News 1984, p. 5708 (explaining relevant public includes both actual and potential purchasers of goods).

The defendant makes the bold statement that “[t]he evidence of dictionaries that do not contain the word Urantia is completely irrelevant.” (Def.’s Br. at 9.) It strains my imagination to think of a product name “that over time the public adopted, or, rather, expropriated, … as a synonym for any [product of that genus],” Murphy Bed, 874 F.2d at 101, but which does not appear in any known dictionary. “There is no real issue as to the generic nature of the words Urantia and Urantian.” (Def.’s Br. at 9.) “The plain fact is that the public at large has no awareness of either the word[s] or symbol.” Id. at 9 n. 7.

Although “URANTIA” and the symbol of three blue concentric circles may be considered generic by a segment of the public that has previously purchased The URANTIAUrantia [sic] Book, the segment is but a fraction of the relevant public. Therefore, I find insufficient evidence to support the defendant's defense of genericness. Hence, I find that the plaintiff has overcome the first obstacle to proving infringement by showing its trademarks to be valid.

Proving one has a valid trademark entitled to protection is rather elementary


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 Thus the faith in Christ is no longer merely a definition of the church, but it turns out that in the place of the belief in Christ is put the belief in the church.

“(2) The participation in the holy sacraments, whereby are given unto us all divine powers that pertain unto life and godliness (2 Pet. i. 3).” (p. 207.) And—

“(3) Finally, the last, a good, godly life.”

The proofs for all that:

“Outside the church there is no hearing, no comprehension of the Word of God; there is no true divine worship; Christ is not found; the Holy Ghost is not communicated; the death of the Saviour does not furnish salvation; there is not the feast of the body of Christ; there is no fruitful prayer; there can be no works of salvation, nor true martyrdom, nor exalted virginity and purity, nor fasting salutary for the soul, nor the benevolence of God. (2) In the church, on the contrary, there is the benevolence and grace of God; in the church abides the triune God; in the church is the knowledge of truth, the knowledge of God and of Christ, and a superabundance of spiritual benefits; in the church are the true saving dogmas, the true faith as derived from the apostles, true love, and the straight path of life.” (pp. 209 and 210.)

Everything has been said about the church that the Theology has to say. It was said that it was founded by Christ; it was determined who belonged to it, and who not; its aims and means have been mentioned; it was said that it is necessary to belong to it in order to obtain salvation, but the church itself has not yet been defined. All that was said was that its meaning is—all the believers in Christ, but with this proviso, that the church is composed by those who believe in Christ precisely as the church teaches them to believe in him, that is, the meaning of the church is now modified to mean: all those who believe in the church. But what this church itself is, which sanctifies men and establishes dogmas, has not


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 matter up. It was this same Government which amnestied deserters wholesale, advised officers not to go about in uniform, recognized the right to strike in the public services, which is tantamount to the right to starve and ruin the citizens. If Ministers could go so far, it is easy to imagine how far the zeal of officials anxious for successful careers went. A judge, holding high rank, maintained in a juridical review that, as the right to strike was recognized, those who dissented from the strike, that is to say those who wished to work, should be punished because they endangered the public peace. In other words, from the right to strike we had reached the duty to strike.

A mob of maniacs went about the streets of Milan shouting «Down with the Army, hurrah for Caporetto!», and forced their way into private houses to remove the flags from from the windows and tear them to pieces. This disgraceful cortège was preceeded and flanked by Royal Guards and soldiers, who escorted it as it were to protect it. But when in Rome a group of students organized a patriotic demonstration, then the police and troops in-


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 yet been determined. Only in the 2d Division, in Art. 171, this mysterious church at last gets, not a definition, but a description, from which, at last, we can deduce its definition, which corresponds to its activity,—the sanctification and the establishment of dogmas.

“171. Having determined the extent of his church, having pointed out to it its aim, and having given it the proper means for the attainment of that aim, the Lord Jesus gave it at the same time a definite structure, by which the attainment of this aim is secured and made easy. The organization of the church consists in this: (a) according to its composition, it is divided into two essential parts: the congregation and the divinely established hierarchy, which are placed in a certain relation to each other; (b) the hierarchy is subdivided into its three essential degrees, which are distinct from each other and are connected among themselves; (c) the congregation and the hierarchy are subject to the supreme judgment of the councils, and (d) last, the whole harmonious body of the church, which is formed from so many different and wisely apportioned members, has its only head in the Lord Jesus Christ himself, who vivifies it with his Holy Ghost.” (pp. 210 and 211.)

Only now do we at last get a definition of what the church is which has been talked about all the time, the same that is to sanctify men, the same that has uttered all the dogmas which have been expounded heretofore. I do not yet protest against this, that the establishment of the church which has determined all the dogmas is one and holy and has Christ for its head, and that it is not possible to find salvation outside it, but I should like first the subject uttered, and then the predicate; I should like first to know what they are talking about that is holy and one and has Christ for its head, and then only that it is holy, and so forth. But in the exposition of the Theology the reverse order has been observed. All the time it spoke


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 tervened, opened fire and killed several of the demonstrators. This national demonstration was evidently a crime, and as such must be severely repressed.

It was in this atmosphere of general degeneracy that the new Government had to act. While it immediately devoted its attention to the definite problems of finance, economy, education, justice and foreign affairs, it also had to reorganize the central and local administrations, nay more, it had to reconduct public opinion on to the right path and re-establish the proper sense of realities and of social necessities which had been so grievously weakened. I might almost say lost, to such a degree that even the ruling classes, through inaction or renunciation, seemed doomed to suicide.

Fortunately for Italy, things are now profoundly changed, and this is one of the greatest merits of the Fascist Government; I have dwelt on this point because without this widespread reconstructive action in the spiritual field it would have been impossible to secure the other advantages of a more material nature which have been secured, or to consolidate these benefits for the future.


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 of the unity, holiness, infallibility of the church and expounded its teaching, and only now it says what it is. Only now it becomes clear from Art. 171 what that church is which sanctifies men through sacraments, and which, amidst false dogmas, establishes those that are true. It says that the church is divided into a hierarchy and the congregation. The hierarchy sanctifies and teaches, the flock is sanctified, ruled, and taught by the hierarchy. It must obey, consequently it is only the hierarchy that sanctifies and establishes dogmas, and so the hierarchy alone answers that definition of the church, from which results its activity of the sanctification and of the establishment of the dogmas, and so the hierarchy alone is holy and infallible, and only the hierarchy answers completely to that which has all the time been mentioned under the name of the church. In Art. 173, it says that the pastors must teach the flock, must perform the sacraments for it, and must govern it, and that the flock must obey.

“St. Gregory the Divine says: ‘As in the body some parts govern and, as it were, preside, while the other parts are under their rule and dominion, even so it is in the churches. God has decreed that some, for whom this is more useful, should by word and deed be directed to the performance of their duties, should remain herded and under rule, while others, standing above the rest in virtue and nearness to God, should be pastors and teachers for the perfecting of the church, and should have the same relation to others that the soul has to the body, and the mind to the soul, so that one and the other, the defective and the superabundant, being like the members of the body, united and joined into one composition, bound and coupled with the Spirit, may represent one body, perfect and truly worthy of Christ our head. For that reason the societies of the Christians, who of their own will departed from their obedience to the bishop and the presbyters,


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 were regarded by the ancient teachers of the church as unworthy of the name of the church, and were called heretical, a rabble of apostates, evil-thinking, harmful, and so forth.’” (p. 217.)

The church, the one upon which the whole teaching is based, is the hierarchy. The Theology before that expounded about the one church, the kingdom of grace, the body of Christ, the church of the living and the dead and the angels; then of all those who believed in Christ; then by degrees it added to this first definition another concept; then at last the hierarchy is substituted for that church. The Theology knows very well that according to its conception the church is nothing but the hierarchy, and sometimes it says so, as in the Introduction to the Dogmatic Theology, as in the expressions of the Eastern Patriarchs, as always in the expressions of the Catholic Church; but the Theology has at the same time to confirm its definition that the church is an assembly of all the believers, and so it does not like to say directly that the church is the hierarchy. The Theology knows that the essence of the matter is the infallibility and sacredness of the hierarchy, and so it has to prove first that the hierarchy was established by Christ, and that the Theology is an exposition of the dogmas as confirmed by that same hierarchy. All that is necessary is to prove that the hereditary hierarchy was established by Christ, and that we are the inheritors of this hierarchy, and then, no matter how you may understand it, the church, the essence of the church, as the keeper of truth, will be nothing but hierarchs. For that reason the Theology uses all its efforts to prove the impossible, namely, that Christ established the hierarchy, and a hereditary one at that, and that our hierarchy is the legitimate heir, and such and such a hierarchy, not ours, is illegitimate.

172. The flock and the divinely established hierarchy with their mutual relations. “I. It is not difficult to


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 (a) that he chose from among his followers twelve disciples whom he called apostles: And when it was day, says St. Luke, he called unto him his disciples: and of them he chose twelve, whom also he named apostles (Luke vi. 13), and so he said to them: Ye have not chosen me, but I have chosen you (John xv. 16).” (p. 211.) That is the first proof. Christ chose twelve apostles. Apostle means messenger in Greek, and so it says that Christ chose twelve messengers. If he had chosen seventeen, he would have sent seventeen messengers. The Theology adduces that as a proof that the hierarchy was established by Christ. To that are added the words: Ye have not chosen me, but I have chosen you. These words were said in the chapter of the farewell speech, where Christ spoke of his love for his disciples, and have nothing in common with the passages in connection with which they are quoted, and still less with the establishment of the hierarchy.

Second proof: “(b) That to them alone he gave the command and the power to teach all the nations, to perform the holy sacraments for them and to direct the believers to salvation (Matt. xxviii. 19; xviii. 18; Luke xxii. 19).”

The verses are not cited. Here they are: Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost (Matt. xxviii. 19). Verily I say unto you, Whatsoever ye shall bind on earth shall be bound in heaven: and whatsoever ye shall loose on earth shall be loosed in heaven (Matt. xviii. 18). And he took bread and gave thanks, and brake it, and gave unto them, saying, This is my body which is given for you: this do in remembrance of me (Luke xxii. 19).

The Theology gives only the number of the verses, but does not quote the passages themselves, knowing that the verses do not confirm the statement that Christ gave to


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 Apportionment.

1. The apportionment of this state for members of the General Assembly shall be made every ten years, after the year one thousand eight hundred and fifty-one, in the following manner: The whole population of the state, as ascertained by the federal census, or in such other mode as the General Assembly may direct, shall be divided by the number "one hundred," and the quotient shall be the ratio of representation in the house of representatives, for ten years next succeeding such apportionment.

2. Every county having a population equal to one-half of said ratio, shall be entitled to one representative; every county, containing said ratio, and three-fourths over, shall be entitled to two representatives; every county containing three times said ratio, shall be entitled to three representatives; and so on, requiring after the first two, an entire ratio for each additional representative. Provided, however, that each county shall have one representative. [As amended November 3, 1913.]

3. When any county shall have a fraction above the ratio, so large, that being multiplied by five, the result will be equal to one or more ratios, additional representatives shall be apportioned for such ratios, among the several sessions of the decennial period, in the following manner: If there be only one ratio, a representative shall be allotted to the fifth session of the decennial period; if there are two ratios, a representative shall be allotted to the fourth and third sessions, respectively; if three, to the third, second, and first sessions, respectively; if four, to the fourth, third, second, and first sessions respectively.

4. Any county, forming with another county or counties, a representative district, during one decennial period, if it have acquired sufficient population at the next decennial period, shall be entitled to a separate representation, if there shall be left, in the district from which it shall have been separated, a population sufficient for a representative; but no such change shall be made, except at the regular decennial period for the apportionment of representatives.

5. If, in fixing any subsequent ratio, a county, previously entitled to separate representation, shall have less than the number required by the new ratio for a representative, such county shall be attached to the county adjoining it, having the least number of inhabitants; and the representation of the district, so formed, shall be determined as herein provided.

6. The ratio for a senator shall forever, hereafter, be ascertained by dividing the whole population of the state by the number thirty-five.

7. The state is hereby divided into thirty-three senatorial districts, as follows: The county of Hamilton shall constitute the first senatorial district; the counties of Butler and Warren, the second; Montgomery and Preble, the third; Clermont and Brown, the fourth; Green, Clinton, and Fayette, the fifth; Ross, and Highland, the sixth; Adams, Pike, Scioto, and Jackson, the seventh; Lawrence, Gallia, Meigs, and Vinton, the eighth; Athens, Hocking, and Fairfield, the ninth; Franklin and Pickaway, the tenth; Clark, Champaign, and Madison, the eleventh; Miami, Darke, and Shelby, the twelfth; Logan, Union, Marion, and Hardin, the thirteenth; Washington and Morgan, the fourteenth; Muskingum, and Perry, the fifteenth; Delaware and Licking, the sixteenth; Knox and

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 * 2011 Dear Colleague letter on Guidance on Addressing Sexual Violence

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 Morrow, the seventeenth; Coshocton, and Tuscarawas, the eighteenth; Guernsey, and Monroe, the nineteenth; Belmont, and Harrison, the twentieth; Carroll and Stark, the twenty-first; Jefferson and Columbiana, the twenty-second; Trumbull and Mahoning, the twenty-third; Ashtabula, Lake and Geauga, the twenty-fourth; Cuyahoga, the twenty-fifth; Portage and Summit, the twenty-sixth; Medina and Lorain, the twenty-seventh; Wayne and Holmes, the twenty-eighth; Ashland and Richland, the twenty-ninth; Huron, Erie, Sandusky and Ottawa, the thirtieth; Seneca, Crawford and Wyandot, the thirty-first; Mercer, Auglaize, Allen, Van Wert, Paulding, Defiance and Williams, the twenty-secondthirty-second [sic]; and Hancock, Wood, Lucas, Fulton, Henry and Putnam, the thirty-third. For the first decennial period, after the adoption of this constitution, each of said districts shall be entitled to one senator, except the first district, which shall be entitled to three senators.

8. The same rules shall be applied, in apportioning the fractions of senatorial districts, and in annexing districts, which may hereafter have less than three-fourths of a senatorial ratio, as are applied to representative districts.

9. Any county forming part of a senatorial district, having acquired a population equal to a full senatorial ratio, shall be made a separate senatorial district, at any regular decennial apportionment, if a full senatorial ratio shall be left in the district from which it shall be taken.

10. For the first ten years, after the year one thousand eight hundred and fifty-one, the apportionment of representatives shall be as provided in the schedule, and no change shall ever be made in the principles of representation, as herein established, or, in the senatorial districts, except as above provided. All territory, belonging to a county at the time of any apportionment, shall, as to the right of representation and suffrage, remain an integral part thereof, during the decennial period.

11. The governor, auditor, and secretary of state, or any two of them, shall at least six months prior to the October election, in the year one thousand eight hundred and sixty-one, and, at each decennial period thereafter, ascertain and determine the ratio of representation, according to the decennial census, the number of representatives and senators each county or district shall be entitled to elect, and for what years, within the next ensuing ten years, and the governor shall cause the same to be published, in such manner as shall be directed by law.

Judicial Apportionment.

12. For judicial purposes, the state shall be apportioned as follows:

The county of Hamilton shall constitute the first district, which shall not be subdivided; and the judges therein, may hold separate courts or separate sittings of the same court, at the same time.

The counties of Butler, Preble and Darke shall constitute the first subdivision; Montgomery, Miami and Champaign, the second; and Warren, Clinton, Greene and Clark, the third subdivision, of the second district; and, together, shall form such district.

The counties of Shelby, Auglaize, Allen, Hardin, Logan, Union, and Marion, shall constitute the first subdivision; Mercer, Van Wert, Putnam, Paulding, Defiance, William, Henry, and Fulton, the second; and Wood, Seneca, Hancock, Wyandot, and Crawford, the third subdivision of the third district; and, together, shall form such district.

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 anybody a special right to teach the nations. There is nothing there about the power, and nothing about the sacraments. Something is said about baptizing, but it does not say that the breaking of the bread is a sacrament, or that these actions are left in charge of the hierarchy. One cannot help observing the strange phenomenon that continually exactly the same obscure texts are chosen to prove all kinds of theses: such are the texts Matt. xxviii. 19, Luke xxii. 19, John xx. 23, and several others. These texts are repeated a hundred times. On them is based the Trinity, and the divinity of Christ, and the redemption, and the sacraments, and the hierarchy. That is all about the second proof.

Third proof: “(e) That he transferred the power to the holy apostles just as he received it from the Father: All power is given unto me ; go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost (Matt. xxviii. 18, 19); as my father hath sent me, even so send I you. And when he had said this, he breathed on them, and saith unto them, Receive ye the Holy Ghost: whose soever sins ye remit, they are remitted unto them; and whose soever sins ye retain, they are retained (John xx. 21-23).” (p. 212.)

In order to confirm the power which is supposed to be transferred, the texts are tampered with here. The text is quoted as, “All power is given unto me ; go ye,” and so forth. The real text runs like this: “All power is given unto me in heaven and in earth. (Period.) Go ye therefore, and teach all nations.” Considering the period, it cannot be said that he gave the power; but with the several dots and by omitting “in heaven,” which cannot refer to the disciples, it is possible to interpret it as that he gave the power to the disciples. The text from John does not say anything about the hierarchy or about the power; all it says is that Christ gave the


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 Holy Ghost to his disciples and commanded them to teach men, that is to deliver them from sin, as it is correctly translated; but even if it be translated by “remit the sins,” the hierarchy does not in any way result from the remission of the sins.

Fourth proof: “(d) That to these twelve he immediately added seventy definite disciples, whom he sent out on the same great work. (Luke x. 1, et seq.)” (p. 212.)

The fact that Christ sent out, at first twelve messengers, and then seventy more men, whom he ordered, like pilgrims, without a supply of clothing, without money, to visit the cities and villages, is regarded as a proof that the ruling hierarchy of the present day derives its origin by heredity from Christ. Those are all the proofs that Christ himself established the hierarchy. Everything that could possibly be adduced, has been adduced. In the opinion of the Theology, the quotations with their tampered texts confirm the establishment of the hierarchy. No other proofs could be found. After that follow proofs that later this power was transferred from the apostles to the fathers of the church, and then to the hierarchy which came after them. This is the way the transmission is proved:

“(e) That transmitting his heavenly message to the twelve disciples, he wanted it to pass from them directly to their successors, and from these, passing from generation to generation, to be kept in the world to the end of the world itself. For, when he said to the apostles, Go ye into all the world, and preach the gospel to every creature (Mark xvi. 15), he immediately added, I am with you alway, even unto the end of the world (Matt. xxviii. 20). Consequently he, in the person of the apostles, sent out for the same work and encouraged by his presence all their future successors, and in the literal sense gave the church not only apostles, prophets, and evangelists, but also pastors and teachers (Eph. iv. 11).” (p. 212.)


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 The counties of Lucas, Ottawa, Sandusky, Erie and Huron, shall constitute the first subdivision; Lorain, Medina and Summit, the second; and the county of Cuyahoga, the third subdivision, of the fourth district; and, together, shall form such district.

The counties of Clermont, Brown and Adams, shall constitute the first subdivision; Highland, Ross and Fayette, the second; and Pickaway, Franklin and Madison, the third subdivision, of the fifth district; and, together, shall form such district.

The counties of Licking, Knox, and Delaware, shall constitute the first subdivision; Morrow, Richland, and Ashland, the second; and Wayne, Holmes, and Coshocton, the third subdivision, of the sixth district; and, together, shall form such district.

The counties of Fairfield, Perry, and Hocking, shall constitute the first subdivision; Jackson, Vinton, Pike, Scioto, and Lawrence, the second; and Gallia, Meigs, Athens, and Washington, the third subdivision of the seventh district; and, together, shall form such district.

The counties of Muskingum, and Morgan, shall constitute the first subdivision; Guernsey, Belmont, and Monroe, the second; and Jefferson, Harrison, and Tuscarawas, the third subdivision, of the eighth district; and, together, shall form such district.

The counties of Stark, Carroll, and Columbiana, shall constitute the first subdivision; Trumbull, Portage, and Mahoning, the second; and Geauga, Lake, and Ashtabula, the third subdivision, of the ninth district; and, together, shall form such district.

13. The General Assembly shall attach any new counties, that may hereafter be erected, to such districts, or subdivisions thereof, as shall be most convenient.

Finance and Taxation.

1. No poll tax shall ever be levied in this state, or service required, which may be commuted in money or other thing of value. (Adopted Sept. 3, 1912.)

2. Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property according to its true value in money, excepting all bonds at present outstanding of the state of Ohio or of any city, village, hamlet, county, or township in this state or which have been issued in behalf of the public schools in Ohio and the means of instruction in connection therewith, which bonds so at present outstanding shall be exempt from taxation; but burying grounds, public school houses, houses used exclusively for public worship, institutions used exclusively for charitable purposes, public property used exclusively for any public purpose, and personal property, to an amount not exceeding in value five hundred dollars, for each individual, may, by general laws, be exempted from taxation; but all such laws shall be subject to alteration or repeal; and the value of all property, so exempted, shall, from time to time, be ascertained and published as may be directed by law. (Adopted Sept. 3, 1912.)

3. The General Assembly shall provide, by law, for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects,

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 or dues, of every description, (without deduction), of all banks now existing, or hereafter created, and of all bankers, so that all property employed in banking, shall always bear a burden of taxation, equal to that imposed on the property of individuals.

4. The General Assembly shall provide for raising revenue, sufficient to defray the expenses of the state, for each year, and also a sufficient sum to pay the interest on the state debt.

5. No tax shall be levied, except in pursuance of law; and every law imposing a tax, shall state, distinctly, the object of the same, to which only, it shall be applied.

6. Except as otherwise provided in this constitution the state shall never contract any debt for purposes of internal improvement. (Adopted Sept. 3, 1912.)

7. Laws may be passed providing for the taxation of the right to receive, or to succeed to, estates, and such taxation may be uniform or it may be so graduated as to tax at a higher rate the right to receive, or to succeed to, estates of larger value than to estates of smaller value. Such tax may also be levied at different rates upon collateral and direct inheritances, and a portion of each estate not exceeding twenty thousand dollars may be exempt from such taxation. (Adopted Sept. 3, 1912.)

8. Laws may be passed providing for the taxation of incomes, and such taxation may be either uniform or graduated, and may be applied to such incomes as may be designated by law; but a part of each annual income not exceeding three thousand dollars may be exempt from such taxation. (Adopted Sept. 3, 1912.)

9. Not less than fifty per centum of the income and inheritance taxes that may be collected by the state shall be returned to the city, village or township in which said income and inheritance tax originate. (Adopted Sept. 3, 1912.)

10. Laws may be passed providing for exercise and franchise taxes and for the imposition of taxes upon the production of coal, oil, gas and other minerals. (Adopted Sept. 3, 1912.)

11. No bonded indebtedness of the state, or any political subdivisions thereof, shall be incurred or renewed, unless, in the legislation under which such indebtedness is incurred or renewed, provision is made for levying and collecting annually by taxation an amount sufficient to pay the interest on said bonds, and to provide a sinking fund for their final redemption at maturity. (Adopted Sept. 3, 1912.)

Corporations.

1. The General AseemblyAssembly [sic] shall pass no special act conferring corporate powers.

2. Corporations may be formed under general laws; but all such laws may, from time to time, be altered or repealed. Corporations may be classified and there may be conferred upon proper boards, commissions or officers, such supervisory and regulatory powers over their organization, business and issue and sale of stocks and securities, and over the business and sale of the stocks and securities of foreign corporations and joint stock companies in this state, as may be prescribed by law. Laws may be passed regulating the sale and conveyance of

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 Here again the texts are changed in order to bring forward a specious proof. It does not follow from anything that after the words, “Preach the gospel to every creature,” he said “immediately” afterward, “I am with you alway, even unto the end of the world.” Nor can it in any way be said that one passage follows immediately after the other, since one thing is said by one evangelist, Mark, while the other is said by Matthew. Mark says: “Go into all the world, and preach the gospel,” which has no meaning of any transmission; but the words, “I am with you alway, even unto the end of the world, Amen,” are the concluding words of the Gospel of Matthew, and therefore can by no means signify that hel wanted to transmit the power to them. But even if that meant what the Theology wants it to mean, there is nothing to warrant the assertion that he encouraged with his presence all their future successors. That cannot be argued out of anything.

Here is the second proof of the succession:

“(f) Finally, that, having in this manner clothed his apostles with divine power, he, on the other hand, very clearly and with terrible curses compelled all men and the future Christians to receive the teaching and the sacraments from the future apostles, and to obey their words: He that heareth you, heareth me; and he that despiseth you, despiseth me; and he that despiseth me, despiseth him that sent me (Luke x. 16); Go ye into all the world, and preach the gospel to every creature. He that believeth and is baptized shall be saved; but he that believeth not shall be damned (Mark xvi. 15, 16; cf. Matt. x. 14; xviii. 15-19).” (p. 212.)

I do not leave out a single word. And that is given out as a proof not only of the establishment of the hierarchy, but also of the succession, and it says:

“And that is why, even when the Lord ascended to heaven, Matthias was, by his indication, added to the


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 eleven apostles, in the place of Judas (Acts i. 26); and only by the voice of the Holy Ghost were Barnabas and Saul separated for the work whereunto our Redeemer had called them (Acts xiii. 2; cf. ix. 15).” (p. 212.)

This last proof, the meaning of which I absolutely fail to make out, contains the first part of the proofs as to why the hierarchy is to be considered as founded by Christ.

After that follow proofs from the Acts and the Epistles. One would think that here it would be easier to find texts which might confirm the divine origin of the hierarchy, but again the same takes place. It turns out that in all the texts, quoted and not quoted, there is nowhere a word about those rights (as though it were a legal establishment) which the Theology proclaims from the very first words.

“(2) Still more clearly is this intention of the Lord seen in the actions of the apostles who were guided by his Spirit. These actions are of two kinds and both equally refer to the confirmation of the truth under discussion. The actions of the first kind are the following: (a) the holy apostles constantly asserted their right and carried out the obligations which the Lord had enjoined on them (Acts v. 42; vi. 1-5; 1 Cor. iv. 1; v. 4-5; ix. 16), in spite of all obstacles on the part of the enemies who tried to take that divine power from them (Acts iv. 19; v. 28-29).” (pp. 212 and 213.)

These references to the apostles and especially to the Acts are remarkable. The author does not write them out, because he knows that, if anything at all is to be deduced from them, it is the very opposite of what he is trying to prove. Every passage where Christ’s disciples preach his teaching is adduced as a proof that the hierarchy was established; for example, in Acts iv. 19, Peter and John said: “Whether it be right in the sight of God to hearken unto you more than unto God, judge ye.”


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 the second place. Even so may be admitted the deacons, who must stand before the face of the bishops. For this reason the councils were by the holy fathers of the church generally called assemblies of the bishops. The Second Ecumenical Council called the Symbol of Faith which was composed at the first council, ‘the faith of 318 holy fathers’ (for that was the number of bishops present at that council); the council in Trullo called the definitions of faith of all the previous cecumenical councils ‘profession or faith of the holy fathers, the bishops, according to the number of those who met at these councils.’” (p. 231.)

Then comes Art. 176, in which we have an exposition of Christ’s being the head of the church. That is apparent (1) from the fact that Christ before the ascension said, not to the church but to his disciples, “I am with you to the end of the world, Amen.” In the Theology, the following words are added to that: “and with all your future successors,” and that is taken as a proof that all those who call themselves the interpreters of Christ regard themselves as his successors.

“(2) From this fact in particular that, although he entrusted the power of teaching to the apostles and their successors, he told them to call him only the supreme teacher, who invisibly, through them, taught the believers (Matt. xxiii. 10), and so he said: He that heareth you heareth me; and he that despiseth you despiseth me (Luke x. 16).” (p. 232.)

This passage with its references is striking. I thought that nothing in the Theology would startle me, but the boldness with which this verse is quoted, and with which an opposite significance is given to it, is staggering. Here is the verse, or, rather, the whole passage: But be not ye called Rabbi: for one is your Master, even Christ; and all ye are brethren. And call no man your father upon the earth: for one is your Father, which is in heaven.


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 rules and regulations, and one from which statutes may issue. Whether I speak of the Catholic Church of such and such a year, or of the Roman, or Greek Orthodox Church, I am speaking of certain people,—the Pope, patriarchs, bishops,—who are organized in a certain manner and who in a certain way direct their flocks. The second is an abstract idea, and if I speak of the church in this sense, it is evident that attributes of time and place cannot be its definitions, and under no circumstance can there be definite decrees, expressed in definite words. The only definition of such a church, as the carrier of divine truth, is a correspondence with what is the divine truth.

The equating of these two conceptions to each other, and the substitution of one for the other, has always. formed a problem of all Christian confessions of faith. An assemblage of people, wishing to convince others that it possesses the absolute truth, asserts that it is holy and infallible. Its holiness and infallibility it builds on two foundations: on the manifestations of the Holy Ghost, which find their expression in the holiness of the members of that community and then in miracles, and on the legitimate succession of the teachership, which proceeds from Christ.

The first foundation does not stand criticism: holiness cannot be measured or proved; miracles are detected and proved deceptions, and so miracles cannot be adduced as proofs, so there is left but one proof, the correct succession of the hierarchy. That, too, cannot be proved, but equally it cannot be refuted, and so all the churches hold themselves on that foundation; on that argument alone do the churches at the present time hold themselves, and it is the only one on which they can hold themselves. If a Catholic, an Orthodox, an Old Ceremonialist, affirm that they have the truth, they can incontrovertibly base their assertions only on the infallibility of the succession of the keepers of the Tradition. The


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 to have the right to say that the redemption took place, but is not active, because men did not observe the condition with which alone it is active. That teaching is grace. The Theology says outright:

“Divine grace is necessary for the sanctification of sinful man in general, that is, in order that the sinner shall be able to come out from his sinful state, become a true Christian, and, in this manner, make his own the deserts of the Redeemer, or else be changed, purified, justified, renovated, and then abide in godliness and attain eternal salvation.” (p. 259.)

Thus the redemption became active only on condition that grace be obtained, and so the non-achievement of the redemption is explained by the absence of grace, and the whole aim of the believers is now directed toward obtaining grace, and grace is transmitted through the sacraments. This sanctification by sacraments, that is, the drawing of people toward sacerdotal rites, forms another cause for the teaching about grace. Thus the teaching about grace has two causes, one—logical, an explanation of the statement that the whole world has changed, whereas it has not, and the other—practical, the use of sacraments and mysteries as means for obtaining grace.

The doctrine about grace is, on the one hand, an inevitable result of a false premise that Christ by his redemption has changed the whole world, and, on the other, it is the foundation of those sacerdotal rites, which are necessary for the believers, in order to throw dust in their eyes, and for the hierarchy, in order that it may take advantage of its sacerdotal calling. This teaching about grace is in itself striking by its complexity, entanglement, and absolute barrenness of contents. If previously some parts of the teaching involuntarily reminded one of a man who pretended before a public to measure hundreds of yards of the imaginary hair of the Virgin, this teaching may be compared with the action of this man, who, after measuring


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Rh branches of natural philosophy are also taught; and the whole course is crowned by the perusal of treatises on metaphysics deemed the highest attainment of the instructed scholar. Perhaps we shall not err widely if we suppose that the state of learning amongst the Musalmans of India resembles that which existed among the nations of Europe before the invention of printing.

Eighth.—In estimating the amount of intellectual ability and acquirement that might be brought into requisition for the promotion or improvement of education amongst the Mohammadan population, it may be remarked that the Persian teachers as a class are much superior in intelligence to the Bengali and Hindi teachers, but they are also much more frequently the retainers or dependents of single families or individual patrons, and being thus held by a sort of domestic tie they are less likely to engage in the prosecution of a general object. The Arabic teachers are so few that they can scarcely be taken into the account, and in the Bengal districts I did not find that any of them had attempted any form of literary composition. Among the few Arabic teachers of South Behar and Tirhoot the case was very different, four being authors of high repute for learning. With three of these I came into personal communication and they were evidently men of great mental activity and possessing an ardent thirst for knowledge. Various Persian and Arabic works of native learning given to me by the General Committee of Public Instruction for distribution were presented to these teachers and their pupils and they were not only thankfully but most greedily received. They had also a vague, but nevertheless a very strong desire to acquire a knowledge of European systems of learning, and I could reckon with confidence on receiving their co-operation in any measure which without offending their social or religious prejudices should have a tendency to gratify that desire.

There are four girls’ schools in the district, of which one, situated at Japat in the Culna thana, and superintended by the Reverend Mr. Alexander, is supported by the Ladies’ Society of Calcutta; a second, situated in the town of Burdwan, and superintended by the Reverend Mr. Linke, is supported by the same Society; a third, situated on the Mission premises in the neighbourhood of Burdwan, is supported and superintended by the Reverend Mr. Weitbrecht; and a fourth, situated in the neighbourhood of Cutwa in the thana of that name, and superintended by the Reverend William Carey of the Baptist Missionary Society, is supported by the Calcutta Baptist Society for promoting Native Female Education. In all these cases the wives of the Missionaries co-operate in the superintendence.


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 world, gives no account of the creation of angels before the existence of man; he does not furnish the slightest hint respecting the apostasy supposed, nor is anything of the kind related in any other portion of the Scriptures. This conceit, then, affords no answer to our question. Besides, it forces its abettors into the most difficult conclusions. It implies that the creation of man was not originally the design of the Omnipotent, but that it was planned and executed in consequence of pride and disobedience having grown up among an order of beings superior to man; so that, according to this view, mankind are indebted for their existence to an incident in heaven, to rebellion among its inhabitants, and to an after-thought on the part of the Almighty, by which He intended to avenge the wickedness of certain angels, and to repair the numbers of which His kingdom had been deprived by their expulsion. It also supposes that men, who are acknowledged to be less perfect in their constitution than the angels, are, by that imperfection, more capable of carrying out the Divine purpose, and that the places of the angels are to be supplied by a race of beings totally different both in their nature and their origin. All this, of course, is sufficiently perplexing, and need not occupy our time with a view to its refutation. It certainly furnishes no reasonable answer to the inquiry we have before us.

If all mankind are to be swept from the earth, there must be some reason for it, and this must have its ground in some Divine purpose, concerning which it is natural to expect something would be said in the Word; but we find that the Word is silent upon the subject. What it does say leads to a directly opposite conclusion. Righteousness is to dwell in the new earth which is to be created; and as that earth is to remain for ever, the inference is clear that mankind


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 are to be equally enduring. It cannot be rationally imagined that God will destroy those beings whom He has created to be the manifestations of those virtues of which He is Himself the Author; and, supposing the people were to become apostates, it can hardly be concluded that He will turn aside His face, and so permit them to pass away. That would be contrary to all that is written of His love. He has said, "I have loved you with an everlasting love:" does not this imply that there will always be men who can be made sensible of that love?

Mankind have fallen into the lowest possible degradation, but God during that process did not withhold His love, and refuse to save them. In every stage of that catastrophe God watched over them with an unabated love. Jesus said, "How often would I have gathered thy children together as a hen gathereth her chickens under her wings, and ye would not." The Divine love cannot be diminished by human wickedness; the creature cannot so act upon the Creator; that which is infinite cannot be decreased. From the first symptom of human degeneracy, God made efforts to arrest its progress. He could not see His people straying from His fold like lost sheep, and refuse to put forth His hand to stay and save them; He followed them to the very verge of ruin, and snatched them from the precipice. Love is the essential characteristic of the Divine Being. "God," says the Apostle, "is Love." This does not simply mean that God is a being who loves, but it is a sentence declaratory of His very nature: "God is love." Thus it is a principle of Divine life perpetually active in all creation. Everything that God has created must be an object of His love; that is the principle out of which they originated, and their preservation is an evidence that its intensity has never been


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95 like to say that, if you can get an able and honest man from your own establishment for the Managership, that is the best. A lawyer will soon acquire revenue experience. A retired Tahsildar or a Deputy Collector, if he retires after the required service for pension or before that period on some personal cause, will make a good Manager. He will sooner than a lawyer get the revenue experience of an estate. The revenue system of a Zamindari differs in many points from that of the Government taluks. The Zamindari officials have also no such powers as those possessed by the Government officials. If the Government official served his full period of service, i.e., till he should be forced to retire under the fifty-five years' rule, he would not be of much use to any Zamindari. Generally do not keep one in the Manager's post for more than ten years. First give him five years' term; then, if you are satis-


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96 fied with him after that period, you can extend it for two or three years more or till he finishes the ten years' time.

I tried two schoolmasters as Managers, and I have heard of a few other school-masters who have been made Managers; but from my experience I cannot recommend Managers to be chosen from this class. It is different with teachers who were not schoolmasters before and who have been employed in teaching young Zamindars at their own homes, for such teachers will be in touch with the affairs of the management. Of those some have turned out capable Managers. Not only the teachers, but their pupils brought up at home, will be in touch with the management; and the latter will generally become competent Zamindars. But I think I should not like that a Zamindar should appoint his own tutor as his Manager or his Private Secretary : in such cases a lack of independence is generally


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97 observed in the master's judgment. In this connection let me tell you that you should never keep any relative of yours in a high office in your Zamindari, if he thinks that because he is your relative he is entrusted with that post.

Don't give too much power to the Manager over the Amins or Tahsildars and the heads of departments, but keep such power to yourself. Sign every payment cheque, all credit orders and chittas. Chittas means various account books kept, one for each separate branch, such as cash, bank, jewelry, gold, silver, temple property, and many other minor accounts.

Never allow your officials to file summary and ejectment suits against your tenants without your special sanction. Find out now and then whether your officials cause any oppression to them. Be kind to the tenants, give them opportunities to repre-


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 diminished. Man being the only subject of responsible creation, and a finite resemblance of his Maker, it is clear that He must have a superlative regard for him. How then can it be said that He will terminate the duration of a creature for whose preservation He has displayed so many mercies, and towards whom He has manifested so profound a love?

The essential nature of the Divine love is such that it is not willing to be the property of itself; its unceasing activity is to love others out of itself, and make them happy. Mutual love among mankind is a blessing communicated to them from the Lord; it is a living principle, manifested by the individual, and having as its tendency the transferring of its blessings to others. "Behold how good and pleasant a thing it is for brethren to dwell together in unity." Mutual love is the amiable source of all that is wise and holy, beautiful and happy, in the human character; its reign is the administration of peace and blessedness. The Divine love is the primary source of all those blessings, and, therefore, it must contain within itself all their essential qualities. It desires nothing so intensely as the happiness of mankind. It is as a sun from which issue the heat and light that are shed abroad in the intellectual universe, and from which all things derive their life and blessedness. It is as a Divine magnet, acting, without intermission, upon every variety and condition of human character, to the end that men may be finally crowned with honour and glory. The salvation of mankind is, as it were, the consolation of the Lord, because this is the purpose of all His mercies and of every providence. "He maketh His sun to shine upon the evil and the good, and sendeth His rain upon the just and the unjust." And who can reasonably think of all the mercies which love confers, and not see that they involve the per-


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98 sent their grievances. You must always keep the tanks, channels and other water-sources in good repair. Provide your villages with drinking-water tanks and wells, and also roads, if needed. At the beginning of the Fasli (official year) get a budget prepared, see in what items you can curtail the expenditure, and in what items you are spending money extravagantly.

Always be kind to all your servants and officials, give them presents with pleasure when they do their work better than their equals and, mind you, punish them with regret when they arc punishable. If they begin to go wrong, show your displeasure by slight punishment, but at the same time give them a chance to redeem the past. You should not give to any person any chance to use his influence over you. All your decisions must be independent. Never let go any person, let him be your greatest


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99 favourite, without inflicting on him the punishment that he deserves.

Pay their salaries without fail in the first week of every month. Help them with money in marriages, &c., or by paying their salaries in advance when they need such help. Make rules for every sort of pecuniary help you wish to show to your servants, and also in some cases to your ryots. Then you will have no botheration in that matter. On the whole, you should become so popular with your people that even those that have been punished by you for their faults should not say a word against you, but should always evince loyal feelings towards you.


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 petuity of the beings on whom they are bestowed? Surely the displays of an attribute that is Divine are not for a day and for a few; that which is infinite must have respect to all time, and be for the enjoyment of an unceasing people.

It is because the Divine love is such as to love others out of itself, that mankind were created, and gifted with capacities for its reception: thereby an object of love has been provided: and will God deprive Himself of that which He has created for such a purpose? He has preserved mankind, notwithstanding the enormities of which they have been guilty; with what propriety, then, can it be said that He will cause the race to cease; and what reason can be assigned for such a cessation? As the iniquity into which they fell did not bring about that terrible disaster, and as the Divine mercy promised to tide them over a period of which it is said, "except those days should be shortened there should no flesh be saved," it seems plain that their perpetuity is intended; and we can discover no cause why it should be otherwise. Transgression has not produced their extermination; has not the worst been done that can be done in that respect? may we not therefore rest assured that the destruction of rational creatures cannot be intended by Him who made them.

It must be admitted that love was a motive in the creation of mankind, and that it has been continually active in their preservation; indeed, preservation may be considered as a continual creation: this being so, the human race cannot terminate unless that motive were to cease; and can anything that has once existed in the Divine character cease its activity? If the principles remain by which man was originally brought upon the scene of life, it follows that he must also be continued: they are as cause and


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182 as well as his wealth, which amounts, however, only to a moderate competence, give him high consideration in native society. The only species of literary composition he appears to have attempted is that description of propositions which it is usual for the professors of logical philosophy to discuss at the meetings of the learned. None of the other pandits are authors.

Almost every pandit has a separate school-house either built at his own expense, or at the cost of a former or present benefactor. The amount varies from 25 rupees to 400, and, of course, the extent of the accommodation varies with the outlay.

In 24 Sanscrit schools there are 153 students, averaging 6.3 to each school. Of the total number of students, 106 were present and 47 absent at the time the schools were visited; 41 are natives of the villages in which the schools are situated and 112 natives of other villages, and one is of the Kayastha or writer-caste, and 152 are Brahmans.

The following are the different studies pursued in these schools and the number of students engaged in each at the time the schools were visited:—

The age of each student was recorded with reference to three distinct periods, viz., the age at which he commenced the study he was then pursuing, his present age, and the probable age at which he would complete the study of the branch of learning on which he was then engaged. It will be noted that two of these periods are certain, and that one is prospective and conjectural. The following is the average age, at each period, of the students belonging to each branch of learning:—

Grammar, lexicology, and literature, which includes poetical and dramatic productions, although begun in succession are generally studied simultaneously, and the same remark is, in some measure, applicable to law and logic. Taking, however, each branch of learning separately, it would appear that the study of grammar occupies about seven years, lexicology about two, literature about ten, law about ten, logic about thirteen, and mythology about four.

In describing the works employed as text-books in each branch of learning, all that can be attempted in this place is to give the


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 effect; the activity of the one perpetuates the other. The idea of putting a period to their existence for no discoverable reason, but in the face of every argument which pleads for their continuance; the idea that rational creatures are to be extirpated; that God will stop that flow of rational life of which He is the Author, and refuse it ultimation; that He will no longer permit wisdom to be learned, nor virtue to be cultivated; that there shall be no more candidates for His kingdom, but that heaven will be shut, and creation become a blank,—these ideas are so many crudities, which no reasonable faith can accept, and which all sensible reflection rejects. Men are spiritual subjects of the Divine creation; they occupy a position apart, and are distinguished from every other existence by the gift of immortality: this, like light from the sun, is a communication from God, and to this something of a natural origin has been added, that they may at the same time become matured and fixed; and this with a view to unlimited procreation as the first end; the second being that of for ever providing inhabitants for heaven.

Are not those purposes worthy of the Divine Being? What can be conceived more in consonance with all that He has been pleased to make known concerning His wisdom and benevolence? To us it seems amazing that any other idea should ever have obtained any credence in the Church. He has created man an image, and thus a finite exponent of Himself, with capabilities to know, love, and acknowledge Him; will He then break a vessel which He has created for such a purpose? "Know ye not," said the Apostle, "that ye are the temple of God?" will He then destroy His temple? Surely the notion must be abandoned. God has taken care of man's existence under circumstances


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101 Birth; ill by Discovering precious stones, metals, and hidden treasures; iv. by Gift; v. by Reversionary Inheritance; vi. by Self-acquisition.

Now I will classify them in the order of precedence and give some reasons for the order I give.

1. The fortune that comes by birth is the best of all; because the man who receives fortune by birth, though he may receive kind treatment and comfort only like the other children of his parents, is yet respected by all his people as their future ruler from the moment of his birth.

2. Fortune obtained by adoption follows that which comes by birth; because generally adoptions take place when a boy is young. From that moment every care is taken of the boy just as if he were a son born in his adopted family.

3. Fortune obtained by reversionary inheritance comes as the third in rank. This


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102 fortune comes to a person at various ages. But before he obtains it he is counted as an ordinary person. I always regret, however, the acquisition of wealth from a mother's branch of the family, as, of necessity, it implies extinction of the maternal line.

4. Then comes the fourth kind, the fortune obtained by discovering precious stones, minerals and sometimes hidden wealth.

5. The fortune obtained by gift is put fifth in rank among the various kinds of fortune. As there is no self-exertion in obtaining this fortune, it is placed immediately before the fortune got by self-exertion. It can hardly be looked upon as altogether good fortune as the one got by self-exertion.

6. Self-acquired property—if it is large enough to be called fortune- is classed as the last kind of fortune, for, though a man has acquired property by his own exertions, there must be, according to the


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Rh school-books are employed by the Hindus of Bengal, and Hindi school-books by the Hindus of Behar; but although Urdu is more copious and expressive, more cultivated and refined than either, and possesses a richer and more comprehensive literature, Urdu school-books are wholly unknown. It is the language of conversation in the daily intercourse of life and in the business of the world, and it is the language also of oral instruction for the explanation of Persian and Arabic, but it is never taught or learned for its own sake, or for what it contains. It is acquired in a written form only indirectly and at second-hand through the medium of the Persian, whose character it has adopted and from which it has derived almost all its vocables, and it is employed as a written language chiefly in popular poetry and tales and in female correspondence, and often also in the pulpit. The absence of Urdu schools for the Musalman population, corresponding with the Bengali and Hindi schools for the Hindus, may explain, in some measure, the greater degradation and ignorance of the lower classes of Musalmans when compared with the corresponding classes of the Hindu population; and the first step to their improvement must be to supply this defect.

Second.—Except in those cases in which the Musalmans resort to Bengali and Hindi schools. Persian instruction is the only substitute for vernacular instruction. Those Musalmans and Hindus who have received a Persian education have nearly the same command of the Persian as a written language that educated Englishmen have of their mother tongue. They acquire it in their earliest years at school, in after-life they continue to read the works it contains for instruction or amusement; they can conserveconverse [sic] in it, although it is not so employed in general society; and they employ it as the means of communication in the private correspondence of friendship and in the written transactions of business. It is occasionally the language of the pulpit in the celebrations of the moharram; it is the language of the long established manuscript Akhbars or Intelligencers of the native courts, and of the printed newspapers of modern times addressed to the educated classes of society; and the employment of a less worthy medium in composition is generally considered inconsistent with the dignity of literature and science, philosophy and religion,—more as the relaxation than the exercise of an instructed mind. The Persian language, therefore, must be pronounced to have a strong hold on native society.

Third.—There is no connection between the Bengali and Sanscrit schools of Bengal, or between the Hindi and Sanscrit schools of Behar; the teachers, scholars, and instruction of the common schools are totally different from those of the schools of learning,—the teachers and scholars being drawn from different classes of society, and the instruction directed to different objects. But this remark does not apply to the Persian and Arabic schools,


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103 Hindus, some help of Providence even for this fortune to be acquired. Self-acquired property is for this reason regarded as a fortune also. You will, besides, later on see that without self-exertion none of the fortunes can remain and be regarded as fortunes.

Now comes the question, who is the most fortunate amongst those who obtain one or another of these six classes of fortune. Fortune may come to a person providentially, but unless he, by his own exertions, manages it to the best possible advantage to that fortune he will not be a fortunate man at all after a few years. His fortune decreases day by day. So, by whatever way he acquires fortune, he must manage it to the greatest possible advantage. Then he may be called the most fortunate man. Then who is considered to be by far the most fortunate man? One who obtains his fortune by one or more of the above modes, except the sixth, and in-


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104 creases the fortune by the sixth, viz., self-acquisition, is called by far the most fortunate man. Some people, though fortunate by birth, obtain more by reversionary inheritance or by finding valuable things in their estates or by both. If they manage those fortunes to the best advantage and acquire more by self-exertion, they are much the most fortunate men. Therefore, my young friends, don't you think that you are fortunate because you have got any of the other five heaven-sent fortunes, when you are without the sixth. Remember that only if you manage your property to the best advantage and acquire some additional immovable or landed property, will you deserve to be considered to be by far the most fortunate man; and the Almighty will be pleased with you, because you have increased the fortune that has been allotted to you by Him.


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HE structure and habits of the family or group of pigeons are so peculiar and go strikingly distinct from those of any other birds, that they demand special attention. The pigeons were formerly classed by the majority of naturalists along with the gallinaceous birds, the true poultry, and by others with the passerine or sparrow-like birds; but more accurate observation has rendered evident the fact that they form a perfectly distinct family, distinguished from all other birds by the singnlar manner in which their young are nourished. Unlike the true gallinaceæ—which are hatched in a very perfect state and able to follow the parent hen within a few hours after birth—the young pigeons are born in a most immature and helpless condition, and are fed with a curdy secretion, produced in the crops of the parents, the "soft food" of the pigeon-fancier. This is expressly produced at the period of hatching, for the support of the callow young.

The following account of the formation of these birds applies more particularly to the European species known as constituting the genus Columba, and has special reference to the wild Blue Rock dove. Columba livia, the undoubted origin of all our numerous domestic varieties.

Pigeons are usually birds of moderate size; their legs and feet are small compared with those of the gallinaceous birds, that scratch the earth in seeking for their food—a habit that is never followed by the doves.

Although slight in size, the legs and feet are very efficient organa of motion, the birds being able to walk with considerable rapidity when traversing the ground in search of food. The limbs are moved alternately, the pigeons never, when seeking food, leaping with both feet together, like the sparrow and other birds of the same group, although, when advancing to his mate, the cock pigeon often makes a kind of imperfect leap.


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 The chief organs of motion in the pigeon are the wings, which are very powerful when compared with the size and strength of the birds. In form they are long and pointed, differing essentially from the short rounded concave wings of the ordinary gallinaecous birds.

The wings are well adapted to urge the bird through the air in its long-sustained flight, which sometimes approaches a speed of three miles a minute, and has been kept up for eight consecutive hours at an average speed of forty-five miles an hour. The bones of the wing are shown in Figure I., where a represents the scapula

FIG. I.—BONES OF THE WING OF THE PIGEON.

a. Scapula or blade-bone; b c. Humerus cr arm-bone; c d. Radius and ulna, bones and fore-arms; g. Index finger; g e f. Bones of hand.

or blade-bone, lying over the ribs on the back. To this is attached, by a movable joint, the arm-bone or humerus, extending from b to c; then follows the fore-arm or portion of the wing from c to d, this is formed of two bones, the ulna and radius;

FIG. II.—PRIMARY AND SECONDARY FEATHERS IN THE WING OF THE PIGEON.

from d to f are the bones which correspond with those of the human hand—the small pointed bone g being the first finger. The second figure shows very clearly


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212 which are intimately connected and which almost imperceptibly pass into each other. The Arabic teacher teaches Persian also in the same school and to the same pupils, and an Arabic school is sometimes known from a Persian school only by having a single Arabic scholar studying the most elementary Arabic work, while all the other scholars read Persian. The same scholars who are now studying Arabic formerly read, or may still be reading, Persian in the same school and under the same teacher; and the scholars in an Arabic school who are now reading Persian only will probably in the same school, and under the same teacher, advance to the study of Arabic. The only distinction that can be drawn is that while there is no Arabic teacher who does not or may not teach Persian, there are many Persian teachers who do not and cannot teach Arabic. But the class for which both Persian and Arabic schools exist is the same, and that is the upper class of native society, whether Hindus or Musalmans are the scholars, and whether Persian or Arabic is the language taught. Both languages are foreign, and both classes of schools are inaccessible to the body of the people.

Fourth.—It is a question to what extent Persian and Arabic instruction is directed and sought by Hindus and Musalmans, respectively; and the following table affords some means of estimating their relative proportion by exhibiting the actual number of teachers and scholars belonging to each class:—


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Rh Arabic instruction is wholly, and Persian instruction is almotsalmost [sic] wholly, in the hands of Musalmans,—there being only 14 teachers of Persian who are Hindus, to 715 teachers of Persian and Arabic who are Musalmans. This is a consequence of the nature of the instruction communicated; the languages, the literature, and the learning taught being strictly Mohammadan. The relative number of Hindu and Musalman scholars is very different, there being 2,096 of the former to 1,558 of the latter; which is a very remarkable contrast with the number of teachers belonging to the two classes of the population. Is this comparative large number of Hindu scholars the effect of a laudable desire to study a foreign literature placed within their reach? Or is it the effect of an artificial stimulus? This may be judged by comparing the number of Hindu teachers and scholars of Persian which until lately was almost the exclusive language of local administration with that of Hindu teachers and scholars of Arabic, which is not called into use in the ordinary routine of Government. With regard to teachers, there is not a single Hindu teacher of Arabic in the five districts,—all are Musalmans. With regard to scholars, there are only 9 Hindu to 149 Musalman students of Arabic, and consequently 2,087 Hindus to 1,409 Musalmans who are learning Persian. The small comparative number of Arabic students who are Hindus, and the large comparative number of Persian scholars of the same class, seem to admit of only one explanation, viz., that the study of Persian has been unnaturally forced by the practice of Government; and it seems probable that even a considerable number of the Musalmans who learn Persian may be under the same artificial influeuce.

Fifth.—The average monthly gain of the teachers varies from rupees 8-14-1 in Moorshedabad to rupees 3 in Tirhoot, the medium rates being rupees 6-6-1 in Beerbhoom, rupees 6-10-8 in Burdwan, and rupees 5-2 in South Behar. The difference between the highest and the lowest rates may be explained by various causes. One cause will be found in the average number of scholars taught by each master, the highest average being 9.3 in Burdwan, the lowest 2.5 in Tirhoot; and the medium averages being 6.7 in Beerbhoom, 5.7 in Moorshedabad, and 5.1 in South Behar. The lowest rate of monthly gain and the smallest average number of scholars are found in Tirhoot. Further, the persons acquainted with Persian and seeking employment are numerous, the general standard of living is very low, and both the number of those who receive and the poverty of those who give employment of this kind combine to establish a very low rate of remuneration. In Behar too, and especially in Tirhoot, parents do not nearly to the same extent as in the Bengal districts unite with each other to support a teacher for the benefit of their children; and thus each teacher is very much isolated, seldom extending his


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196 First.—There is not, as far as I have been able to observe and judge, any mutual connection or dependence between vernacular and Sanscrit schools. The former are not considered preparatory to the other, nor do the latter profess to complete the course of study which has been begun elsewhere. They are two separate classes of institutions, each existing for distinct classes of society,—the one for the trading and agricultural, and the other for the religious and learned, classes. They are so unconnected, that the instruction in Bengali and Hindi reading and writing, which is necessary at the commencement of a course of Sanscrit study, is seldom acquired in the vernacular schools, but generally under the domestic roof; and unless under pecular circumstances, it is not extended to accounts, which are deemed the ultimate object of vernacular school instruction. It has been already shown that an unusually small number of vernacular schools is found in certain parts of the Beerbhoom district, which have no institutions of learning; and it now appears that in the Burdwan district, where vernacular schools comparatively abound, there also schools of learning are most numerous. On the other hand, in that division of the Tirhoot district which contains the greatest number of schools of Hindu learning there are no vernacular schools at all; and in the whole district the vernacular schools are fewer, while the proportion of schools of learning is greater than in any other district. It seems to follow that the prosperity or depression of learning in any locality does not imply the prosperous or depressed condition of vernacular instruction, and that the two systems of instruction are wholly unconnected with, and independent of, each other.

Second.—Sanscrit learning is, to certain extent, open to all classes of native society whom inclination, leisure, and the possession of adequate means may attract to its study, and beyond that limit it is confined to Brahmans. The inferior castes may study grammar and lexicology, poetical and dramatic literature, rhetoric, astrology, and medicine; but law, the writings of the six schools of philosophy, and the sacred mythological poems, are the peculiar inheritance of the Brahman caste. This is the distinction recognized in the legal and religious economy of Hinduism, but practically Brahmans monopolize not only a part, but nearly the whole, of Sanscrit learning. In the two Behar districts both teachers and students, without a single exception, belong to that caste; and the exceptions in the Bengal districts are comparatively few. Of the class of teachers in Moorshedabad all are Brahmans; in Beerbhoom, of 56 teachers, one is of the medical caste; and in Burdwan, of 190, four are of the same caste. It thus appears that the only exceptions to the brahmanical monopoly of Sanscrit teaching are native physicians. In the class of students in Moorshedabad, of 153 there is only one Kayastha; in Beerbhoom, of 393 students nine are of the Vaidya or medical caste, three


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Rh are Vaishnavas or followers of Chaitanya, and one is a Daivajna or out-caste Brahman—in all 13; and in Burdwan, of 1,358 students 45 are Vaidyas, 11 Daivajnas, and six are Vaishnavas—in all the others in each case being Brahmans. Comparing Bengal and Behar, the former appears to have taken a step in advance of the latter in communicating to some of the inferior castes a portion of the learning which it possesses, but even in Bengal the progress in this direction is not so great as might have taken place without running counter to the opinions and habits of the people. Still it is an advance, and it has been made in Bengal where in the department of vernacular instruction also a corresponding advance has been made, and is making, by the very lowest castes; showing that, while there is no established connection between the two systems of instruction, the same general influences are contributing to the extension of both.

Third.—The teachers and students of Sanscrit schools constitute the cultivated intellect of the Hindu people, and they command that respect and exert that influence which cultivated intellect always enjoys, and which in the present instance they peculiarly enjoy from the ignorance that surrounds them, the general purity of their personal character, the hereditary sacredness of the class to which most of them belong, the sacredness of the learning that distinguishes them, and the sacredness of the functions they discharge as spiritual guides and family priests. The only drawback on the influence they possess is the general, not universal, poverty of their condition, increased by the frequent resumption of former endowments. They are notwithstanding this a highly venerated and influential portion of native society, and although as a body their interests may be opposed to the spread, of knowledge, yet their impoverished circumstances would make them ready instruments to carry into effect any plan that should not assail their religious faith or require from them a sacrifice of principle and character. The numbers of this important class of men in the district visited are here exhibited at one view:—

Fourth.—The most favorable would probably not be a high estimate of the practical utility of the different branches of Sanscrit learning cultivated in these schools, but neither is that learning to be wholly despised. So long as the language shall exist,