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 serious, that I am a woman without judgment, without character

. What I said was

. You treat me like a cocotte.

. Wife! I never treated such a person in my life.

. As soon as a woman ceases to be honorable, everybody begins to blame her. Her husband is the first!

. Naturally.

. Why are women so foolish as to be honest? Why, oh, why do we love? How often you see a woman who has thrown herself away upon a man who hasn't the remotest idea what to do with her! What is the use?

. This number was not on the programme of the feria.

. And yet you talk of being serious! What you do, that is serious; what you do, that is dignified! Is it dignified to be false to your promises? To be a traitor to your friends, to those who support and defend you? And when all they ask of you is a trifle!

. A trifle? To break the law, to violate the constitution? Are those trifles?

. You evade me. To leave me publicly exposed after what happened in the cathedral this morning—is that a trifle? The petitions of all the ladies' societies, the requests of our friends, the Solars, the Villaquejidos, the Remolinos, the Peribáñezs, everybody

. Everybody? Yes, the whole world, the universe! That is what makes me angry. Who are these people that they should set themselves up to dictate to me? It is a pretty sign of morality when all the rogues begin to moralize. Don Baldomero Remolinos shocked by a comedy? Think of it! As if every one didn't remember that he opened his first shop to the tune of the "Hymn of Riego," and what


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 Tis delightful indeed (cried Clermont), to a mind that has been harassed by care."

"Would to heaven (exclaimed de Sevignie, with fervour), fate had destined a situation of such tranquillity for me!"

"Not now," cried Clermont.

"Yes, at this very period," replied de Sevignie.

"Suppress such a wish, my friend (said Clermont); it is unworthy of you; it would be an ill requital to the goodness of Providence, if you sought to bury such talents as it has given you (talents calculated to benefit mankind) in obscurity; besides, you could not at present enjoy such a situation."

"Not enjoy it!" repeated de Sevignie, with a degree of astonishment.

"No (replied Clermont); at your time of life you cannot have seen much of the world, or experienced many of its vicissitudes; and without doing so, we can seldom, or rather never I should say, understand the real value of rural tranquillity.

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


text:
Page:Clermont - Roche (1798, volume 1).djvu/60

 "Think you the sailor, who always glided upon smooth seas, would thoroughly enjoy his haven of security?—no; 'tis the remembrance of the perils he has experienced upon those seas, which renders it so delightful to him: he vaunts to his friends of the dangers he has encountered with an exultation, a happiness which those could never feel who always enjoyed a state of safety; and with that exultation and happiness is intermingled gratitude of the most fervent nature to that Almighty Being who lent his supporting arm through those dangers; and, should any little crosses arise, all murmurs, on their account, are instantly suppressed, by reflecting how insignificant they are, compared to what he has already suffered.

"Thus have I attempted to prove, that to render retirement truly pleasing, we should first intermix in active life, and understand what we gave up in withdrawing from it; and also, that a knowledge of its difficulties will silence that discontent which is too apt to rise at every little trial; for


text:
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 he who has witnessed or braved the storm, will never shrink from the biting blast."

The arguments of Clermont were too just to be controverted; at least de Sevignie had not the temerity to attempt doing so: they continued to converse till the lovely prospect they had been admiring, became all one swimming scene, uncertain if beheld. They then rose to return to the house.

De Sevignie offered his hand to Madeline: as she took it, she felt it tremble. A rising moon began to dissipate the darkness as they descended the hill, and soon o'er all

"How lovely is this scene (said de Sevignie, stopping at the foot of the hill); how soft, how pleasing the shadowy light of the moon! how beautifully does it tip the waving trees with silver; and what a solemn


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 a shop it was!—a counter of decayed vegetables, which was all that he had until he got the contract to furnish meals for the jail. In those days, let me tell you, no one ever thought of committing a crime. No, sir! The provisions of Don Baldomero inspired a terror more salutary than all the penalties of the code.

. You don't mean to say that you believe all those stupidities? It seems incredible. Lies, calumnies invented by the rabble, yes, by the very people you want to pander to now with a spectacle debased to their taste. You want to win their applause, to appear popular; but you have not reckoned upon one thing—I shall not stand by you in this humiliation. I am going to Madrid this very night! To Madrid!

. Are you crazy?

. Do you think I can face the reproaches, the contempt of my friends, the scorn of everybody?

. I wouldn't worry myself so much about everybody. Does everybody consist of the few persons who possess the honor of introductions to you?

. Everybody is everybody, and it is too late for you to change it. You want to set yourself up as a tribune of the people. Very well! But you need not expect me to be present at your funeral. When they throw you out of office, and they won't hesitate to do it, when you slink away in dishonor, hooted at, disgraced, then you will remember who gave you advice; then you will see that it was your wife who had your interests at heart. And to think that you should be dreaming of a governorship of the first class!

. Dreaming? I'd be satisfied if I could get a chance to sleep! My head will go round for a week.

. This is not a laughing matter. I am going to get ready—to-night!

. But, my dear… Impossible!


text:
User:Ostrea/typography.js

/*

This page defines a TemplateScript library. It's not meant to be referenced directly. See TemplateScript for usage.

/* global $, pathoschild */

/** * TemplateScript adds configurable templates and scripts to the sidebar, and adds an example regex editor. * @see https://meta.wikimedia.org/wiki/TemplateScript * @update-token */ // $.ajax('//tools-static.wmflabs.org/meta/scripts/pathoschild.templatescript.js', { dataType:'script', cache:true }).then(function {	/*********	** Define library	*********/	pathoschild.TemplateScript.library.define({ key: 'wikisource.typography', name: 'Typography tools', url: '//en.wikisource.org/wiki/Wikisource:TemplateScript#Typography', description: 'A set of scripts for editing typography: add diacritics (like àéîö) or manipulate text case.', categories: [ {				name: 'Typography tools', scripts: [ //		{ key: 'title-link', name: 'Make title link', script: maketitle, accessKey: 't' }, //		{ key: 'author-link', name: 'Make author link', script: author, accessKey: 'a' }, { key: 'small-caps', name: 'Convert to Sᴍᴀʟʟ Cᴀᴘs', script: smallcaps, accessKey: 'c' }, { key: 'upper', name: 'Convert to UPPER', script: upper, accessKey: 'u' }, //		{ key: 'diaresis', name: 'Add diaeresis (ä)', script: diaeresis, accessKey: ':' }, //		{ key: 'acute', name: 'Add acute (á)', script: acute, accessKey: '\'' }, //		{ key: 'grave', name: 'Add grave (à)', script: grave, accessKey: '`' }, //		{ key: 'circumflex', name: 'Add circumflex (â)', script: circumflex, accessKey: '^' }, //		{ key: 'macro', name: 'Add macron (ā)', script: macron, accessKey: '_' }, //		{ key: 'misc', name: 'Add ligature or hook', script: catchall, accessKey: '-' } ]			}		]	});

/*********	** Private methods *********/	/**	 * Convert the text to title case based on English rules. * @param {string} text The text to convert. */	var _titlecase = function(text) { // split text into individual words and examine them one by one var words = text.toLowerCase.split(' '); for (var i in words) { switch(words[i]) { case "a": case "an": case "and": case "as": case "at": case "but": case "by": case "etcetera": case "etc.": case "for": case "from": case "in": case "nor": case "of": case "o'": case "on": case "or": case "the": case "to": case "with": case "versus": case "vs.": case "v.": case "yet": break; // don't capitalise articles, "to" as part of an infinitive, prepositions or short conjunctions default: // capitalise everything else words[i] = words[i].substring(0, 1).toUpperCase + words[i].substring(1, words[i].length); break; }		}

// capitalise first word regardless words[0] = words[0].substring(0, 1).toUpperCase + words[0].substring(1, words[0].length);

// capitalise last word regardless var last = words.length - 1; words[last] = words[last].substring(0,1).toUpperCase + words[last].substring(1, words[last].length);

// reconstruct title var titleCase = ""; for (i in words) { titleCase += words[i]; if (i < last) titleCase += " "; }

return titleCase; };

/*********	** Script methods *********/	/**	 * Convert the selected text into an appropriately-capitalised title link. * For example, this replaces "THE MAN FROM SNOWY RIVER" with * "THE MAN FROM SNOWY RIVER". * @param {object} editor The script helpers for the page. */	function maketitle(editor) { editor.replaceSelection(function(text) {			var target = _titlecase(text);			return target == text				?  + text + 				:  + text + ;		}); }

/**	 * Convert the selected text into an author link (with support for common	 * cases like "Smith, John" → Smith, John). * @param {object} editor The script helpers for the page. */	function author(editor) { editor.replaceSelection(function(name) {			// if name contains a comma, switch around when linking			var commaPos = name.indexOf(',');			var target = commaPos === -1				? name				: name.substr(commaPos+1).replace(/^\s+|\s+$/g, ) + ' ' + name.substr(0, commaPos).replace(/^\s+|\s+$/g, );

// if name is all in capitals, convert target to title case if (target == target.toUpperCase) target = _titlecase(target);

return  + name + ; });	}

/**	 * Convert the selected text to Sᴍᴀʟʟ Cᴀᴘs using. * @param {object} editor The script helpers for the page. */	//Mark selected text up with small-caps function smallcaps(editor) { editor.replaceSelection(function(selected) {			// Applying small-caps to all-caps text is pointless...			// ... unless the all-caps is OCR of text that is actually small-caps.			// Check if text is all-caps, and if it is, convert it to title case before applying small-caps.			if (selected == selected.toUpperCase)				selected = _titlecase(selected);

return ''; });	}

/**	 * Convert the selected text to UPPERCASE. * @param {object} editor The script helpers for the page. */	function upper(editor) { editor.replaceSelection(function(selected) {			return selected.toUpperCase;		}); }

/**	 * Add miscellaneous diacritics to the selected character or pair. * @param {object} editor The script helpers for the page. */	function catchall(editor) { editor.replaceSelection(function(selected) {			switch(selected) {				// fixes that are one character long				case 'c':					return 'ç';				case 'C':					return 'Ç';				case 'ç':					return 'c—'; // so that if I wanted an mdash I can simply invoke it again				case 'Ç':					return 'C—'; // so that if I wanted an mdash I can simply invoke it again				// fixes that are two characters long				case 'ae':					return 'æ';				case 'AE':					return 'Æ';				case 'oe':					return 'œ';				case 'OE':					return 'Œ';				// final catchall: insert em dash				default:					return selected + '—';			}		}); }

/**	 * Modify a selected character (like 'a') with a diaeresis (like 'ä'). * @param {object} editor The script helpers for the page. */	function diaeresis(editor) { editor.replaceSelection(function(selected) {			switch(selected) {				case 'a':					return 'ä';				case 'A':					return 'Ä';				case 'e':					return 'ë';				case 'E':					return 'Ë';				case 'i':					return 'ï';				case 'I':					return 'Ï';				case 'o':					return 'ö';				case 'O':					return 'Ö';				case 'u':					return 'ü';				case 'U':					return 'Ü';				case 'y':					return 'ÿ';				default:					return selected;			}		}); }

/**	 * Modify a selected character (like 'a') with an acute accent (like 'á'). * @param {object} editor The script helpers for the page. */	function acute(editor) { editor.replaceSelection(function(selected) {			switch(selected) {				case 'a':					return 'á';				case 'A':					return 'Á';				case 'c':					return 'ć';				case 'C':					return 'Ć';				case 'e':					return 'é';				case 'E':					return 'É';				case 'g':					return 'ģ';				case 'i':					return 'í';				case 'I':					return 'Í';				case 'o':					return 'ó';				case 'O':					return 'Ó';				case 'l':					return 'ĺ';				case 'L':					return 'Ĺ';				case 'n':					return 'ń';				case 'N':					return 'Ń';				case 'r':					return 'ŕ';				case 'R':					return 'Ŕ';				case 's':					return 'ś';				case 'S':					return 'Ś';				case 'u':					return 'ú';				case 'U':					return 'Ú';				case 'y':					return 'ý';				case 'Y':					return 'Ý';				case 'z':					return 'ź';				case 'Z':					return 'Ź';				default:					return selected;			}		}); }

/**	 * Modify a selected character (like 'a') with a grave accent (like 'à'). * @param {object} editor The script helpers for the page. */	function grave(editor) { editor.replaceSelection(function(selected) {			switch(selected) {				case 'a':					return 'à';				case 'A':					return 'À';				case 'e':					return 'è';				case 'E':					return 'È';				case 'i':					return 'ì';				case 'I':					return 'Ì';				case 'o':					return 'ò';				case 'O':					return 'Ò';				case 'u':					return 'ù';				case 'U':					return 'Ù';				default:					return selected;			}		}); }

/**	 * Modify a selected character (like 'a') with a macron (like 'ā'). * @param {object} editor The script helpers for the page. */	function macron(editor) { editor.replaceSelection(function(selected) {			switch(selected) {				case 'a':					return 'ā';				case 'A':					return 'Ā';				case 'e':					return 'ē';				case 'E':					return 'Ē';				case 'i':					return 'ī';				case 'I':					return 'Ī';				case 'o':					return 'ō';				case 'O':					return 'Ō';				case 'u':					return 'ū';				case 'U':					return 'Ū';				default:					return selected;			}		}); }

/**	 * Modify a selected character (like 'a') with a circumflex (like 'â'). * @param {object} editor The script helpers for the page. */	function circumflex(editor) { editor.replaceSelection(function(selected) {			switch(selected) {				case 'a':					return 'â';				case 'A':					return 'Â';				case 'c':					return 'ĉ';				case 'C':					return 'Ĉ';				case 'e':					return 'ê';				case 'E':					return 'Ê';				case 'g':					return 'ĝ';				case 'G':					return 'Ĝ';				case 'h':					return 'ĥ';				case 'H':					return 'Ĥ';				case 'i':					return 'î';				case 'I':					return 'Î';				case 'j':					return 'ĵ';				case 'J':					return 'Ĵ';				case 'o':					return 'ô';				case 'O':					return 'Ô';				case 's':					return 'ŝ';				case 'S':					return 'Ŝ';				case 'u':					return 'û';				case 'U':					return 'Û';				case 'w':					return 'ŵ';				case 'W':					return 'Ŵ';				case 'y':					return 'ŷ';				case 'Y':					return 'Ŷ';				default:					return selected;			}		}); } }); //

title: User:Ostrea/typography.js


text: Category:Reversible books

title: Category:Reversible books


text:
Page:Clermont - Roche (1798, volume 1).djvu/62

 glory does it cast upon the mouldering battlements of yonder castle."

They entered the cottage; supper was prepared for them, and they sat down to it with no other light than what the moon afforded, and by an open window, through which a soft breeze wafted delicious odours; no sound could now be heard in the valley, but the melancholy rippling of the water.

After supper, "this is an hour (said Clermont), which my Madeline often devotes to music; the soul is never more suited for the enjoyment of harmony, than at such an hour as the present, when the busy cares of day are over, and the more painful ones of recollection are softened by the universal tranquillity of nature and her works: you, de Sevignie, are I am sure a performer, and you will not, I hope, refuse to accompany my Madeline."


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 De Sevignie spoke not, but his smile declared his readiness to oblige; Clermont put his oboe into his hands, and they proceeded to a rustic bench, beneath the spreading branches of a chestnut tree, near the cottage. Here they passed a considerable time in a most delightful manner; the execution of de Sevignie was in the most masterly style, but his taste if possible surpassed it, and never had his companions been more gratified than they were by listening to him: at last they rose to return to the cottage, and he then bade them farewell.

From this day de Sevignie became almost an inmate of the cottage: and as Clermont, then engrossed by the vintage, could not devote much time to him, Madeline was almost his sole, and during the mornings, his only companion; those mornings were generally spent either in reading poems to Madeline, to which the harmony of his voice imparted new charms, in watching the progress of her pencil, or in listening to


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. There is only one way to prevent it.

. I am your husband, Josefina.

. Yes, and I suppose you would like to demonstrate your force of character upon me? That would be too much. No, no! I am going! I am going…

. But, wife! Josefina! In the midst of the feria? Don't create a scandal. Reflect.

. Conscience dictates, Santiago; it never reflects. You are the one to reflect.

. In the name of all the saints, tell me what it is that you wish me to do. I will consider, I will reflect, I will consult—with everybody! If there is a way out of this dilemma, without breaking the law

. You will consult? Yes! With persons of ability, of judgment, I suppose? I can tell you this: they will say precisely the same thing that I do. We shall see how many it takes to make up your mind. Won't it be pleasant for me to have everybody boasting that they could turn you around their little finger and I couldn't? Won't it be pleasant for me?

. If it was not for you, do you suppose that I would hesitate for one moment? It is only for you that I search and pray, yes, pray, that there may be some legal way to violate the law, for we are in Spain, thank God, and there must be one. But don't talk about going to Madrid and don't cry! Don't reproach me. Look! Your hair is falling down, and you have crumpled your dress.

. What do I care about my dress? I am not thinking about my clothes. Why do I wear clothes anyway? So that you may look decently and present a proper appearance before the people. For the very same reason that I used to put on my apron and go down into the kitchen, and do whatever there was to be done about the house.

. I know, my dear, I know. And there never


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 the melody of her lute. The melancholy which oppressed him made Madeline exert all her powers to try and beguile it, but without effect; every day seemed to add to it; and often, affected by its soft contagion, Madeline has swept the chords of the lute with a disordered hand, and abruptly quitted the room to wipe away the tears it occasioned:—she ascribed, she wished to ascribe, her feelings for him to pity, but they proceeded from even a tenderer impulse than pity.

At length her altered looks and manner discovered to her father the secret of her heart: bitterly he then regretted the hospitality which had introduced so dangerous a guest to her knowledge; and wondered he had not timely foreseen the probable consequences of such a measure, and avoided them. His attentions immediately slackened to de Sevignie; and he scrupled not to hint in pretty plain terms, that his visits at the cottage were attended with inconve-


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 nience. Severely however was his generous nature wounded at being compelled to speak in this manner; and as the words passed his lips, he averted his looks from de Sevignie, whose faded cheeks were instantly flushed by a pale hectic. Had Clermont seen a probability of his daughter's attachment ending happily, he would not have acted as he now did; but of this he beheld not the remotest prospect; for though de Sevignie appeared by his looks to admire her, and by his delay in the valley (now that he was sufficiently recovered to leave it), to be attached to her company, not a word expressive of that admiration or attachment ever escaped him: even if he had declared a passion, there would still have been a bar to Madeline's happiness from her father's ignorance of de Sevignie's real situation and circumstances; both which it was obvious he wished to conceal, as Clermont had more than once introduced a conversation calculated to lead to the mention of them, from which, with


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 with visible confusion, de Sevignie instantly withdrew.

The day after the alteration took place in Clermont's manner, an alteration Madeline wept in secret, de Sevignie absented himself from the cottage till the close of evening; he then entered the room where Clermont and Madeline sat dejectedly together, and informed them he was come merely for the purpose of taking leave, having fixed on the next morning for his departure: delighted to hear this, Clermont lost all coldness, and would have conversed again as usual with him, had the spirits of de Sevignie permitted him to do so; but Madeline was unable to speak; pensively she sat in a window, wishing, yet fearing, to quit the room, lest her father and de Sevignie should suspect the motive which tempted her to do so.

At length de Sevignie rose to depart; Madeline also involuntarily arose.—"Fare-


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 well! sir (cried he, addressing Clermont with a kind of solemnity in his looks); I cannot do justice to the feelings that now swell my heart; I shall not therefore attempt to express them.—Once more, sir, farewell! (taking his hand, and pressing it to his breast) may that happiness you merit be ever yours,—greater I cannot wish you: then turning to Madeline—"and you, Mam'selle, who, like a ministering angel, tried to soothe the sorrows of a stranger!"He paused—a tear at that instant stole from beneath the half-closed eyelids of Madeline, and gave him emotions he could scarcely conceal; he tried, however, to proceed, but in vain; and, clasping her hand between his, he bowed upon it the adieu he could not articulate: then snatching up his hat, rushed from the house, followed by Clermont; not indeed, from any idea of overtaking him, but merely to give Madeline an opportunity of recovering herself.


text: Letter to B. K. Dutt's sister

title: Letter to B. K. Dutt's sister


text:
Page:Plays by Jacinto Benavente - Second series (IA playsbyjacintobe00bena).pdf/188

 were such meals as when you, with your own royal hands, prepared our simple fare.

. Really? Do you mean it? Then Governor's wife that I am, I shall put on my apron and go down into the kitchen, and bring back again those happy days.

. So much happier, so much more tranquil than now!

. What is the use of poetizing at a distance? You forget the disappointments, the humiliations, the black hours that we went through in Madrid. And I want you to remember them and to keep them always in mind, so as to frighten you out of the danger of losing in a moment what it has cost us so many years to attain.

. It is true. There were black hours.

. And who encouraged you? Who animated you? Who always gave you advice?

. You, you! You always gave me advice. You are right. I don't know how I came to be so foolish as to displease you. I'll do whatever you wish, without consulting anybody. Does that satisfy you? Now do I appreciate you at your true worth? Now do I deserve your love?

. Yes, yes! Now you do! And you will see that I know how to reward you. I am satisfied. How easy it is to satisfy me!… Embrace me. Ah! Again… How good you are at heart, and how I love you!

. It is so long since you have embraced me—not since my inauguration.

. Nonsense! Since your inauguration? Suppose somebody should hear you say that!

. I mean a real, spontaneous embrace. Well, my dear, I will see what I can do.

. Yes, at once.

. But I must legalize the blow. [The


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 ance intended to imply. To Clifford this was final and enough. Yet he was very polite to the man; to the amazing success in him. The bitch-goddess, as she is called, of Success, roamed, snarling and protective, round the half-humble, half-defiant Michaelis' heels, and intimidated Clifford completely: for he wanted to prostitute himself to the bitch-goddess Success also, if only she would have him.

Michaelis obviously wasn't an Englishman, in spite of all the tailors, hatters, barbers, booters of the very best quarter of London. No, no, he obviously wasn't an Englishman: the wrong sort of flattish, pale face and bearing; and the wrong sort of grievance. He had a grudge and a grievance: that was obvious to any true-born English gentleman, who would scorn to let such a thing appear blatant in his own demeanour. Poor Michaelis had been much kicked, so that he had a slightly tail-between-the-legs look even now. He had pushed his way by sheer instinct and sheerer effrontery on to the stage and to the front of it with his plays. He had caught the public. And he had thought the kicking days were over. Alas, they weren't They never would be. For he, in a sense, asked to be kicked. He pined to be where he didn't belong among the English upper classes. And how they enjoyed the various kicks they got at him! And how he hated them!

Nevertheless he travelled with his manservant and his very neat car, this Dublin mongrel.

There was something about him that Connie liked. He didn't put on airs to himself; he had no illusions about himself. He talked to Clifford sensibly, briefly, practically about all the things Clifford wanted to know. He didn't expand or let himself go. He knew he had been asked down to Wragby to be made use of, and like an old, shrewd, almost indifferent business man, or big-business man, he let himself be asked questions, and he answered with as little waste of feeling as possible.

"Money!" he said. "Money is a sort of instinct. It's a sort of property of nature in a man to make money. It's nothing you do. It's no trick you play. It's a sort of permanent accident of your own nature; once you start, you make money, and you go on; up to a point, I suppose."

"But you've got to begin," said Clifford.

"Oh quite! You've got to get in. You can do nothing if you are


text:
Page:JOSA-Vol 06-06.djvu/1

SEVENTH ANNUAL MEETING, OPTICAL SOCIETY OF AMERICA

AND

EXHIBIT OF OPTICAL INSTRUMENTS

AT

THE NATIONAL BUREAU OF STANDARDS

WASHINGTON, OCT. 26-28, 1922

Rh

EDITOR-IN-CHIEF: PAUL D. FOOTE

Associate Editors:

Published Monthly by the

OPTICAL SOCIETY OF AMERICA

OFFICE OF PUBLICATION:

GEORGE BANTA PUBLISHING COMPANY

MENASHA, WISCONSIN

Entered as second-class matter May 31, 1921 at the postoffice at Menasha, Wis., under the act of March 3, 1879.

title: Page:JOSA-Vol 06-06.djvu/1


text:
Page:Lady Chatterley's Lover by DH Lawrence.djvu/31

 kept outside. You've got to beat your way in. Once you've done that, you can't help it."

"But could you have made money except by plays?" asked Clifford.

"Oh probably not! I may be a good writer or I may be a bad one, but a writer and a writer of plays is what I am, and I've got to be. There's no question of that."

"And you think it's a writer of popular plays that you've got to be?" asked Connie.

"There, exactly!" he said, turning to her in a sudden flash. "There's nothing in it! There's nothing in popularity. There's nothing in the public, if it comes to that. There's nothing really in my plays to make them popular. It's not that. They just are, like the weather the sort that will have to be for the time being."

He turned his slow, rather full eyes, that had been drowned in such fathomless disillusion, on Connie, and she trembled a little. He seemed so old endlessly old, built up of layers of disillusion, going down in him generation after generation, like geological strata; and at the same time he was forlorn like a child. An outcast, in a certain sense; but with the desperate bravery of his rat-like existence.

"At least it's wonderful what you've done at your time of life," said Clifford contemplatively.

"I'm thirty yes, I'm thirty!" said Michaelis, sharply and suddenly, with a curious laugh; hollow, triumphant, and bitter.

"And are you alone?" asked Connie.

"How do you mean? Do I live alone? I've got my servant. He's a Greek, so he says, and quite incompetent. But I keep him. And I'm going to marry. Oh, yes, I must marry."

"It sounds like going to have your tonsils cut," laughed Connie. "Will it be an effort?"

He looked at her admiringly. "Well, Lady Chatterley, somehow it will! I find excuse me  J find I can't marry an Englishwoman, not even an Irishwoman"

"Try an American," said Clifford.

"Oh, American!" he laughed a hollow laugh. "No, I've asked my man if he will find me a Turk or something something nearer to the Oriental."

Connie really wondered at this queer, melancholy specimen of


text:
FTC v. Sperry & Hutchinson Co./Opinion of the Court

MR. JUSTICE WHITE delivered the opinion of the Court.

In June 1968 the Federal Trade Commission held that the largest and oldest company in the trading stamp industry, Sperry and Hutchinson (S&H), was violating § 5 of the Federal Trade Commission Act, 38 Stat. 719, as amended, 15 U.S.C. § 45 (a)(1), in three respects. The Commission found that S&H improperly regulated the maximum rate at which trading stamps were dispensed by its retail licensees; that it combined with others to regulate the rate of stamp dispensation throughout the industry; and that it attempted (almost invariably successfully) to suppress the operation of trading stamp exchanges and other "free and open" redemption of stamps. The Commission entered cease-and-desist orders accordingly.

[p235] S&H appealed only the third of these orders. Before the Court of Appeals for the Fifth Circuit it conceded that it acted as the Commission found, but argued that its conduct is beyond the reach of § 5 of the Act. That section provides, in pertinent part, that: "'The Commission is empowered and directed to prevent persons, partnerships, or corporations... from using unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce.' 15 U.S.C. § 45 (a)(6)."

As S&H sees it, § 5 empowers the Commission to restrain only such practices as are either in violation of the antitrust laws, deceptive, or repugnant to public morals. In S&H's views, its practice of successfully prosecuting stamp exchanges in state and federal courts cannot be restrained under any of these theories.

The Court of Appeals for the Fifth Circuit agreed and reversed the Commission, Judge Wisdom dissenting. 432 F. 2d 146 (1970). In the lower court's view: "'To be the type of practice that the Commission has the power to declare 'unfair' the act complained of must fall within one of the following types of violations: (1) a per se violation of antitrust policy; (2) a violation of the letter of either the Sherman, Clayton, or Robinson-Patman Acts; or (3) a violation of the spirit of these Acts as recognized by the Supreme Court of the United States.' Id., at 150 (footnote omitted)."

Holding that the FTC had not demonstrated that S&H's conduct violated either the letter or the spirit of the antitrust laws, the Court of Appeals vacated the Commission's order.

The FTC petitioned for review in this Court. We granted certiorari to determine the questions presented in the petition. 401 U.S. 992 (1971).

I. The Challenged Conduct
[p236] S&H has been issuing trading stamps—small pieces of gummed paper about the size of postage stamps—since 1896. In 1964, the year from which data in this litigation are derived, the company had about 40% of the business in an industry that annually issued 400 billion stamps to more than 200,000 retail establishments for distribution in connection with retail sales of some 40 billion dollars. In 1964, more than 60% of all American consumers saved S&H Green Stamps.

In the normal course, the trading stamp business operates as follows. S&H sells its stamps to retailers, primarily to supermarkets and gas stations, at a cost of about $2.65 per 1200 stamps; retailers give the stamps to consumers (typically at a rate of one for each 10¢ worth of purchases) as a bonus for their patronage; consumers paste the stamps in books of 1,200 and exchange the books for "gifts" at any of 850 S&H Redemption Centers maintained around the country. Each book typically buys between $2.86 and $3.31 worth of merchandise depending on the location of the redemption center and type of goods purchased. Since its development of this cycle 75 years ago, S&H has sold over one trillion stamps and redeemed approximately 86% of them.

A cluster of factors relevant to this litigation tends to disrupt this cycle and, in S&H's view, to threaten its business. An incomplete book has no redemption value. Even a complete book is of limited value because most "gifts" may be obtained only on submission of more than one book. For these reasons a collector of another type of stamps who has acquired a small number of green stamps may benefit by exchanging [p237] with a green stamp collector who has opposite holdings and preferences. Similarly, because of the seasonable usefulness or immediate utility of an object sought, a collector may want to buy stamps outright and thus put himself in a position to secure redemption merchandise immediately though it is "priced" beyond his current stamp holdings. Or a collector may seek to sell his stamps in order to use the resulting cash to make more basic purchases (food, shoes, etc.) than redemption centers normally provide.

Periodically over the past 70 years professional exchanges have arisen to service this demand. Motivated by the prospect of profit realizable as a result of serving as middlemen in swaps, the exchanges will sell books of S&H stamps previously acquired from consumers, or, for a fee, will give a consumer another company's stamps for S&H's or vice versa. Further, some regular merchants have offered discounts on their own goods in return for S&H stamps. Retailers do this as a means of competing with merchants in the area who issue stamps. By offering a price break in return for stamps, the redeeming merchant replaces the incentive to return to the issuing merchant (to secure more stamps so as to be able to obtain a gift at a redemption center) with the attraction of securing immediate benefit from the stamps by exchanging them for a discount at his store.

S&H fears these activities because they are believed to reduce consumer proclivity to return to green-stamp-issuing stores and thus lower a store's incentive to buy and distribute stamps. The company attempts to pre-empt "trafficking" in its stamps by contractual [p238] provisions reflected in a notice on the inside cover of every S&H stamp book. The notice reads: "'Neither the stamps nor the books are sold to merchants, collectors or any other persons, at all times the title thereto being expressly reserved in the Company... The stamps are issued to you as evidence of cash payment to the merchants issuing the same. The only right which you acquire in said stamps is to paste them in books like this and present them to us for redemption. You must not dispose of them or make any further use of them without our consent in writing. We will in every case where application is made to us give you permission to turn over your stamps to any other bona-fide collector of S&H Green... Stamps; but if the stamps or the books are transferred without our consent, we reserve the right to restrain their use by, or take them from other parties. It is to your interest that you fill the book, and personally derive the benefits and advantages of redeeming it.' (Reproduced at 2 App. 230.)"

S&H makes no effort to enforce this condition when consumers casually exchange stamps with each other, though reportedly some 20% of all the company's stamps change hands in this manner. But S&H vigorously moves against unauthorized commercial exchanges and redeemers. Between 1957 and 1965, by its own account the company filed for 43 injunctions against merchants who redeemed or exchanged its stamps without authorization, and it sent letters threatening legal action to 140 stamp exchanges and 175 businesses that redeemed S&H stamps. In almost all instances the threat or the reality of suit forced the businessmen to abandon their unauthorized practices.

II. The Reach of Section 5
[p239] The Commission presented two questions in its petition for certiorari, the first being "[w]hether Section 5 of the Federal Trade Commission Act, which directs the Commission to prevent 'unfair methods of competition... and unfair or deceptive acts or practices,' is limited to conduct which violates the letter or spirit of the antitrust laws." The other issue relates to the significance of state court holdings that the practices challenged here are lawful. Neither question requests review of the Court of Appeals' decision that the business conduct proscribed by the Commission violates neither the letter nor spirit of the antitrust laws. Accordingly, we intimate no opinion on that issue and turn to the question of the reach of § 5.

In reality, the question is a double one: First, does § 5 empower the Commission to define and proscribe an unfair competitive practice, even though the practice does not infringe either the letter or the spirit of the antitrust laws? Second, does § 5 empower the Commission to proscribe practices as unfair or deceptive in their effect upon consumers regardless of their nature or quality as competitive practices or their effect on competition? We think the statute, its legislative history, and prior cases compel us an affirmative answer to both questions.

When Congress created the Federal Trade Commission in 1914 and charted its power and responsibility [p240] under § 5, it explicitly considered, and rejected, the notion that it reduce the ambiguity of the phrase "unfair methods of competition" by tying the concept of unfairness to a common-law or statutory standard or by enumerating the particular practices to which it was intended to apply. Senate Report No. 597, 63d Cong., 2d Sess., 13 (1914), presents the reasoning that led the Senate Committee to avoid the temptations of precision when framing the Trade Commission Act: "'The committee gave careful consideration to the question as to whether it would attempt to define the many and variable unfair practices which prevail in commerce and to forbid their continuance or whether it would, by a general declaration condemning unfair practices, leave it to the commission to determine what practices were unfair. It concluded that the latter course would be the better, for the reason, as stated by one of the representatives of the Illinois Manufacturers' Association, that there were too many unfair practices to define, and after writing 20 of them into the law it would be quite possible to invent others.'" The House Conference Report was no less explicit. "It is impossible to frame definitions which embrace all unfair practices. There is no limit to human inventiveness in this field. Even if all known unfair practices were specifically defined and prohibited, it would be at once necessary to begin over again. If Congress were to adopt the method of definition, it would undertake an endless task." H.R. Conf. Rep. No. 1142, 63d Cong., 2d Sess., 19 (1914). See also Rublee, The Original Plan and Early History of the Federal Trade Commission, 11 Acad. Pol. Sci. Proc. 666, 667 (1926); Baker & Baum, Section 5 of the Federal Trade Commission Act: A Continuing process of Redefinition, 7 Vill. L. Rev. 517 (1962).

[p241] Since the sweep and flexibility of this approach were thus made crystal clear, there have twice been judicial attempts to fence in the grounds upon which the FTC might rest a finding of unfairness. In FTC v. Gratz, 253 U.S. 421 (1920), the Court over the strong dissent of Mr. Justice Brandeis (who had been involved in drafting the Trade Commission Act), wrote that while the "exact meaning" of the phrase "'unfair method of competition'... is in dispute," the only practices that were subject to this characterization were those that were "heretofore regarded as opposed to good morals because characterized by deception, bad faith, fraud or oppression, or as against public policy because of their dangerous tendency unduly to hinder competition or create monopoly." Id., at 427. This view was reiterated in other opinions over the next decade. See, e.g., FTC v. Curtis Publishing Co., 260 U.S. 568 (1923), and FTC v. Sinclair Refining Co., 261 U.S. 463, 475-476 (1923). The opinion of the Court of Appeals' majority, citing Sinclair in support of its narrow view of the FTC's leeway, is in the tradition of these authorities.

In FTC v. Raladam Co., 283 U.S. 643 (1931), a unanimous Court held that: "The paramount aim of the act is the protection of the public from the evils likely to result from the destruction of competition or the restriction of it in a substantial degree... Unfair trade methods are not per se unfair methods of competition." (Italics in original.) "It is obvious," the Court continued, "'that the word 'competition' imports the existence of present or potential competitors, and the unfair methods must be such as injuriously affect or tend thus to affect the business of these competitors—that is to say, the trader whose methods are assailed as unfair must have present or potential rivals in trade whose business will be, or is likely to be, [p242] lessened or otherwise injured. It is that condition of affairs which the Commission is given power to correct, and it is against that condition of affairs, and not some other, that the Commission is authorized to protect the public... If broader powers be desirable they must be conferred by Congress.' Id., at 647-649."

Neither of these limiting interpretations survives to buttress the Court of Appeals' view of the instant case. Even if the first line of cases, Gratz and its progeny, stood unimpaired, their deference to action taken to constrain "deception, bad faith, fraud or oppression" would grant the FTC greater power to set right what it perceives as wrong than the panel of the Court of Appeals acknowledges. But frequent opportunity for reconsideration has consistently and emphatically led this Court to the view that the perspective of Gratz is too confined. As we recently unanimously observed: "Later courses of this court... have rejected the Gratz view and it is now recognized in line with the dissent of Mr. Justice Brandeis in Gratz that the Commission has broad powers to declare trade practices unfair." FTC v. Brown Shoe Co., 384 U.S. 316, 320-321 (1966).

The leading case that recognized a role for the FTC beyond that mapped out in Gratz, FTC v. R.F. Keppel & Bro., Inc., 291 U.S. 304 (1934), also brought Raladam into question; on both counts it sets the standard by which the range of FTC jurisdiction is to be measured today. Keppel & Brothers sold penny candies in "break and take" packs, a form of merchandising that induced children to buy lesser amounts of concededly inferior candy in the hope of by luck hitting on bonus packs containing extra candy and prizes. The FTC issued a cease-and-desist order under § 5 on the theory that the popular marketing scheme [p243] contravened public policy insofar as it tempted children to gamble and compelled those who would successfully compete with Keppel to abandon their scruples by similarly tempting children.

The Court had no difficulty in sustaining the FTC's conclusion that the practice was "unfair," though any competitor could maintain his position simply by adopting the challenged practice. "[H]ere," the Court said, "the competitive method is shown to exploit consumers, children, who are unable to protect themselves... [I]t is clear that the practice is of the sort which the common law and criminal statutes have long deemed contrary to public policy." Id., at 313.

En route to this result the Court met Keppel's arguments that, absent an antitrust violation or at least incipient injury to competitors, Gratz and Raladam so straitjacketed the FTC that the Commission could not issue a cease-and-desist order proscribing even an immoral practice. It held: "'Neither the language nor the history of the Act suggests that Congress intended to confine the forbidden methods to fixed and unyielding categories. The common law afforded a definition of unfair competition and, before the enactment of the Federal Trade Commission Act, the Sherman Act had laid its inhibition upon combinations to restrain or monopolize interstate commerce which the courts had construed to include restraints upon competition in intestate commerce. It would not have been a difficult feat of draftsmanship to have restricted the operation of the Trade Commission Act to those methods of competition in interstate commerce which are forbidden at common law or which are likely to grow into violations of the Sherman Act, if that had been the purpose of the legislation.' Id., at 310." [p244] Thenceforth, unfair competitive practices were not limited to those likely to have anticompetitive consequences after the manner of the antitrust laws; nor were unfair practices in commerce confined to purely competitive behavior.

The perspective of Keppel, displacing that of Raladam, was legislatively confirmed when Congress adopted the 1938 Wheeler-Lea amendment, 52 Stat. 111, to § 5. The amendment added the phrase "unfair or deceptive acts or practices" to the section's original ban on "unfair methods of competition" and thus made it clear that Congress, through § 5, charged the FTC with protecting consumers as well as competitors. The House Report on the amendment summarized congressional thinking: "[T]his amendment makes the consumer, who may be injured by an unfair trade practice, of equal concern, before the law, with the merchant or manufacturer injured by the unfair methods of a dishonest competitor." H.R. Rep. No. 1613, 75th Cong., 1st Sess., 3 (1937). See also S. Rep. No. 1705, 74th Cong., 2d Sess., 2-3 (1936).

Thus, legislative and judicial authorities alike convince us that the Federal Trade Commission does not arrogate excessive power to itself if, in measuring a practice against the elusive, but congressionally mandated standard of fairness, it, like a court of equity, considers public values beyond simply those enshrined in the letter or encompassed in the spirit of the antitrust laws.

III
[p245] The general conclusion just enunciated requires us to hold that the Court of Appeals erred in its construction of § 5 of the Federal Trade Commission Act. Ordinarily we would simply reverse the judgment of the Court of Appeals insofar as it limited the unfair practices proscribed by § 5 to those contrary to the letter and spirit of the antitrust laws and we would remand the case for consideration of whether the challenged practices, though posing no threat to competition within the precepts of the antitrust laws, are nevertheless either (1) unfair methods of competition or (2) unfair or deceptive acts or practices.

What we deem to be proper concerns about the interaction of administrative agencies and the courts, however, counsels another course in this case. In this Court the Commission argues that, however correct the Court of Appeals may be in holding the challenged S&H practices beyond the reach of the letter or spirit of the antitrust laws, the Court of Appeals nevertheless [p246] erred in asserting that the FTC could measure and ban conduct only according to such narrow criteria. Proceeding from this premise, with which we agree, the Commission's major submission is that its order is sustainable as a proper exercise of its power to proscribe practices unfair to consumers. Its minor position is that it also properly found S&H's practices to be unfair competitive methods apart from their propriety under the antitrust laws.

The difficulty with the Commission's position is that we must look to its opinion, not to the arguments of its counsel, for the underpinnings of its order. "Congress has delegated to the administrative official and not to appellate counsel the responsibility for elaborating and enforcing statutory commands." Investment Co. Institute v. Camp, 401 U.S. 617, 627 (1971). We cannot read the FTC opinion on which the challenged order rests as premised on anything other than the classic antitrust rationale of restraint of trade and injury to competition.

The Commission urges reversal of the Court of Appeals and approval of its own order because, in its words, "[t]he Act gives the Commission comprehensive power to prevent trade practices which are deceptive or unfair to consumers, regardless of whether they also are anticompetitive." Brief for the FTC 15. It says the Court of Appeals was "wrong in two ways: you can have an anticompetitive impact that is not a violation of the antitrust laws and violate Section 5. You can also have an impact upon consumers without regard to competition and you can uphold a Section 5 violation on that ground." Tr. of Oral Arg. 18. Though completely accurate, these statements cannot be squared with the Commission's holding that "[i]t is essential in this matter, we believe, and as we have heretofore indicated, to determine whether or not there has been or may be an [p247] impairment of competition," Opinion of Commission, 1 App. 175; its conclusion that "[r]espondent... prevents... competitive reaction[s] and thereby it has restrained trade. We believe this is an unfair method of competition and an unfair act and practice in violation of Section 5 of the Federal Trade Commission act and so hold," 1 App. 178; its observation that: "'Respondent's individual acts and its acts with others taken to suppress trading stamp exchanges and other stamp redemption activity are all part of a clearly defined restrictive policy pursued by the respondent. In the circumstances surrounding this particular practice it is difficult to wholly separate the individual acts from the collective acts for the purpose of making an analysis of the consequences under the antitrust laws.' 1 App. 179;" and like statements throughout the opinion, see, e.g., 1 App. 176-178, passim.

There is no indication in the Commission's opinion that it found S&H's conduct to be unfair in its effect on competitors because of considerations other than those at the root of the antitrust laws. For its part, the [p248] theory that the FTC's decision is derived from its concern for consumers finds support in only one line of the Commission's opinion. The Commission's observation that S&H's conduct limited "'stamp collecting consumers'... freedom of choice in the disposition of trading stamps," 1 App. 176, will not alone support a conclusion that the FTC has found S&H guilty of unfair practices because of damage to consumers.

Arguably, the Commission's findings, in contrast to its opinion, go beyond concern with competition and address themselves to noncompetitive and consumer injury as well. It may also be that such findings would have evidentiary support in the record. But even if the findings were considered to be adequate foundation for an opinion and order resting on unfair consequences to consumer interests, they still fail to sustain the Commission action; for the Commission has not rendered an opinion which, by the route suggested, links its findings and its conclusions. The opinion is barren of any attempt to rest the order on its assessment of particular competitive practices or considerations of consumer interests independent of possible or actual effects on competition. Nor were any standards for doing so referred to or developed.

[p249] Our view is that "the considerations urged here in support of the Commission's order were not those upon which its action was based." SEC v. Chenery Corp., 318 U.S. 80, 92 (1943). At the least the Commission has failed to "articulate any rational connection between the facts found and the choice made." Burlington Truck Lines v. United States, 371 U.S. 156, 168 (1962).

The Commission's action being flawed in this respect, we cannot sustain its order. "[T]he orderly functioning of the process of review requires that the grounds upon which the administrative agency acted be clearly disclosed and adequately sustained." Chenery, supra, at 94. Burlington Truck Lines, supra, at 169. A court cannot label a practice "unfair" under 15 U.S.C. § 45 (a)(1). It can only affirm or vacate an agency's judgment to that effect. "If an order is valid only as a determination of policy or judgment which the agency alone is authorized to make and which it has not made, a judicial judgment cannot be made to do service for an administrative judgment." Chenery, supra, at 88. And as was repeated on other occasions: "'For the courts to substitute their or counsel's discretion for that of the Commission is incompatible with the orderly functioning of the process of judicial review. This is not to deprecate, but to vindicate (see Phelps Dodge Corp. v. Labor Board, 313 U.S. 177, 197), the administrative process, for the purpose of the rule is to avoid 'propel[ling] the court into the domain which Congress has set aside exclusively for the administrative agency.' 332 U.S., at 196.' Burlington Truck Lines, supra, at 169."

In these circumstances, because the Court of Appeals' judgment that S&H's practices did not violate either the letter or the spirit of the antitrust laws was not attacked and remains undisturbed here, and because the Commission's [p250] order could not properly be sustained on other grounds, the judgment of the Court of Appeals setting aside the Commission's order is affirmed. The Court of Appeals erred, however, in its construction of § 5; had it entertained the proper view of the reach of the section, the preferable course would have been to remand the case to the Commission for further proceedings. Chenery, supra, at 95; Burlington, supra, at 174; FPC v. United Gas Pipe Line Co., 393 U.S. 71 (1968). Accordingly, the judgment of the Court of Appeals is modified to this extent and the case is remanded to the Court of Appeals with instructions to remand it to the Commission for such further proceedings, not inconsistent with this opinion, as may be appropriate.

So ordered.

MR. JUSTICE POWELL and MR. JUSTICE REHNQUIST took no part in the consideration or decision of this case.


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 have said that you fall in with whales as long as one of them there pines; and I'll stand to what I have once said."

During this dialogue, which was evidently but the close of a much longer discussion, the huge frame of Billy Kirby was seen extended on one side of the fire, where he was picking his teeth with the splinters of the chips that were near him, and occasionally shaking his head, with the distrust that was engendered by the marvellous qualities of Benjamin's assertions. It seems that he now thought it time to advance his sentiments on the subject.

"I've a notion," said the wood-chopper, "that there's water in this lake to swim the biggest whale that ever was invented; and, as to the pines, I think I ought to know so'thing consarning them; and I have chopped many a one that was sixty times the length of my helve, without counting the eyes; and I b'lieve, Benny, that if the old pine that stands in the hollow of the Vision Mountain, just over the village, and you may see the tree itself by looking up, for the moon is on its top yet;—well, now I b'lieve, that if that same tree was planted out in the deepest part of the lake, there would be water enough for the biggest ship that ever was built to float over it, without touching its upper branches, I do."

"Did'ee ever see a ship, Master Kirby?" roared the steward―"did'ee ever see a ship, man? or any craft bigger than a lime-scow, or a wood-boat, on this here small bit of fresh water?"

"Yes, I have," said the wood-chopper, stoutly; "I can say that I have, and tell no lie."

"Did'ee ever see a British ship, Master Kirby? an English line-of-battle ship, boy? Where away did'ee ever fall in with a regular-built vessel, with starn-post and cut-water, garboard streak and

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Page:Holy Bible Translated from the Latin Vol 1.pdf/21

 Which went forth, and did not return, till the waters were dried up upon the earth.

He sent forth also a dove after him, to see if the waters had now ceased upon the face of the earth.

But she not finding where her foot might rest, returned to him into the ark: for the waters were upon the whole earth: and he put forth his hand, and caught her and brought her into the ark.

And having waited yet seven other days, he again sent forth the dove out of the ark.

And she came to him in the evening, carrying a bough of an olive tree, with green leaves, in her mouth. Noe therefore understood that the waters were ceased upon the earth.

And he stayed yet other seven days: and he sent forth the dove, which returned not any more unto him.

Therefore in the six hundred and first year, the first month, the first day of the month the waters were lessened upon the earth: and Noe opening the covering of the ark, looked, and saw that the face of the earth was dried.

In the second month, the seven and twentieth day of the month the earth was dried.

And God spoke to Noe, saying:

Go out of the ark, thou and thy wife, thy sons and the wives of thy sons with thee.

All living things that are with thee of all flesh, as well in fowls, as in beasts, and all creeping things that creep upon the earth, bring out with thee, and go ye upon the earth: increase and multiply upon it.

So Noe went out, he and his sons: his wife, and the wives of his sons with him.

And all living things, and cattle, and creeping things that creep upon the earth, according to their kinds, went out of the ark.

And Noe built an altar unto the Lord: and taking of all cattle and fowls that were


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 On the per capita basis, the figures were 740 lbs, of chestnuts for Corsica, and of corn for the American counties:

Bledsoe Go. Tenis: sii ccsiccssiwawasnciewes 2,040 lbs. Vancy Co, N. G: seca cwcesacssewacs 1,630 " Buncombe Co., N. C. .........20—0e eee 400 " Mitchell Goi, IN. Goi o.s.c00:0 (6 eine aieidie caednna 800 " Harlan Go., Bye cscs cnesecsceeerencens 200 " Bell CG, BY secsncessmnessaenwemes goo"

(Information from Office of Farm Management, U. S. Dept, of Agriculture, and from Consul Memminger, Bordeaux, letter, September 23, 1927.)

In place of the Appalachian corn bread, the Corsican has chestnut bread; in place of corn to feed the animals, the Corsican uses dried chestnuts. One of my informants—the mayor of the village—took me around to the barn and showed me how his horse relished a feed of dried chestnuts. She crunched them, shells and all, exactly as my horses crunched corn.

While my new-found friends were telling me about their system of agriculture, a woman and a little girl came out to show me cakes made of chestnut meal. The cakes were to be used at a feast in honor of the marriage of the priest's sister. For these festive cakes the chestnut meal was wrapped in chestnut leaves for baking. In Palermo, Sicily, I was told that a laborer's breakfast often consisted of leaf greens, bread, and chestnuts.

The leaves from chestnut trees also furnished bedding for the animals of Corsica, in lieu of the American straw; dead branches from the trees furnished firewood. They had a regular system of selling the old trees to the factories that manufacture tannin from chestnut wood. The trees stood about irregularly almost as nature would place them, as she had doubtless placed the first trees at the beginning of chestnut orcharding some centuries ago. As a tree approached old age, a young tree was planted as near to the old tree as possible. The younger tree lived for ten, fifteen, perhaps for twenty years a stunted and sup-

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 plank-shear, gangways and hatchways, and water-ways, quarter-deck and forecastle, ay, and flush-deck?―tell me that, man, if you can; where away did'ee ever fall in with such a hooker; a full-rigged, regular-built, decked vessel?"

The whole company were a good deal astounded with this overwhelming question, and even Richard afterwards remarked, that it "was a thousand pities that Benjamin could not read, or he must have made a valuable officer to the British marine. It was no wonder that they overcome the French so easily on the water, when even the lowest sailor so well understood the different parts of a vessel." But Billy Kirby was a fearless wight, and had great jealousy of foreign dictation; he had arisen on his feet, and turned his back to the fire, during the voluble delivery of this interrogatory; and when the steward ended, contrary to all expectation, he gave the following spirited reply:—

"Where! why on the North River, and maybe on Champlain. There's sloops on the river, boy, that would give a bard time on't to the stoutest vessel King George owns. They carry masts of ninety feet in the clear, of good, solid pine, for I've been at the chopping of many a one in Varmount state. I wish I was captain of one of them, and you was in that Board-dish that you tell so much about, and we'd soon see what good Yankee stuff is made on, and whether a Varmounter's hide an't as thick as an Englishman's."

The echoes from the opposite hills, which were more than half a mile from the fishing point, sent back the discordant laugh that Benjamin gave forth at this challenge; and the woods that covered their sides, seemed, by the noise that issued from their shades, to be full of mocking demons.

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 "Let us descend to the shore," whispered Marmaduke, "or there will soon be ill blood between them. Benjamin is a fearless boaster, and Kirby, though good-natured, is a careless son of the forest, who thinks one American more than a match for six Englishmen. I marvel that Dickon is silent, where there is such a trial of skill in the superlative!"

The appearance of Judge Temple and the ladies produced, if not a pacification, at least a cessation of hostilities. Obedient to the directions of Mr. Jones, the fishermen prepared to launch their boat, which had been seen in the back-ground of the view, with the net carefully disposed on a little platform in its stern, ready for instant service. Richard gave vent to his reproaches at the tardiness of the pedestrians, when all the turbulent passions of the party were succeeded by a calm, as mild and as placid as that which prevailed over the beautiful sheet of water, that they were about to rifle of its best treasures.

The night had now become so dark as to render objects, without the reach of the light from their fire, not only indistinct, but, in most cases, invisible. For a little distance the water was discernible, glistening, as the glare from the fire danced over its surface, touching it, here and there, with red, quivering streaks; but at a hundred feet from the shore, a boundary of impenetrable gloom opposed itself to the vision. One or two stars were shining through the openings of the clouds, and the lights were seen in the village, glimmering faintly, as if at an immeasurable distance. At times, as their fire lowered, or as the horizon cleared, the outline of the mountain, on the other side of the lake, might be traced, by its undulations; but its shadow was cast, wide and

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 pressed life, but it grew a little and got its roots well established.

The moment the big tree was taken away, sunshine, light, and free fertility made the erstwhile starveling grow rapidly to fill the place of the old giant that had made its final grand cash contribution. This regular system of retirements and replacements kept these orchards continually replenished tree by tree—generation after generation—century after century.

I asked one of my Corsican informants how long these orchards had been established. This man happened to be a government official from the nearby city who spent his summers in the chestnut village of his nativity.

"Oh," said he, "a hundred years, five hundred years, a thousand years—always!"

In English phrase he might have said, "The memory of man runneth not to the contrary." It seems to be a matter of record that the chestnut was introduced into Corsica by the soldiers of the Roman occupation in the second century A.D., and the gentleman was right in maintaining that the chestnut business of his mountainside had been going on uninterruptedly for many centuries.

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Codex Atlanticus

Individual pieces extracted.

 * cose fantastiche. (Ancient Italian)
 * great stuff (referring to the surroundings of Lierna on Lake Como, Fiumelatte and the mountain of Grigne).
 * E i magior sassi scoperti che si truovno in questi paesi sono le montagnie di Mandello, visine alle montagnie di Leche e di Gravidonia. In verso Bellinzona a 30 miglia a Leco, è quelle di valle Ciavenna; ma la maggiore è quella di Mandello, la quale à nella sua basa una busa di verso il lago, la quale va sotto 200 scalini e qui d’gni tempo è diaccio e vento. (Ancient Italian)
 * And the largest stones discovered in these countries are the mountains of Mandello, near the mountains of Lecco and Gravedona. Towards Bellinzona 30 miles from Lecco, and those of the Chiavenna valley; but the largest is that of Mandello, which is in its valley towards Lake Como, which descends for a distance of 200 steps and here in every season there is ice and wind.
 * A riscontro a Bellagio è il Fiumelaccio (Fiumelatte), il quale cade da alto più che braccia 100 dalla vena donde nasce, a piombo sul lago, con inistimabile strepitio e romore. Questa vena versa solamente ad agosto e settembre. (Ancient Italian)
 * Opposite to Bellagio is the Fiumelatte, which falls from over 100 meters from the source where it is born, plumb over the lake, with inestimable clamor and noise. This vein of water pours only in August and September.
 * 3 miglia piulla sitruova liedifiti della vena delrame e dello arzento presso auna terra detta Pra Sancto Petro e vene di fero e cose fantastiche. [...] sono molto più frigidi luoghi delli altri della valle per esser sottoposti al monte Grigna, assai questo gli nuoce. Imperocché gli asconde il sole, che poco o nulla sopra lor riluce, da che entra in Scorpione fin che si n’esce d’Aquario (Ancient Italian)
 * 3 miles further on is the building of the vein of copper and silver near a land called Prato San Pietro and veins of iron and fantastic things. (referring to Mine of Prato San Pietro, Cortenova) [...] The other places in the valley are much colder due to being under the mountain Grigna, this hurts them a lot. Also because it hides the sun, which gives little or nothing above it, from the moment it enters Scorpio until it leaves Aquarius.
 * La Grigna è la più alta montagna ch'abbi n' questi paesi, ed è pelata (Ancient Italian)
 * Grigna is the highest mountain I've seen in these countries, and it's bald.
 * Su per detto fiume si truova chadute di acqua di 400 braccia le quale fanno belvedere, ecci bon vivere a 4 soldi per ischotto. Per esso fiume si chonduce assai legniame (Ancient Italian)
 * Up this river there are falls of water of 400 fathoms which make a viewpoint, and here one can well live on 4 sous. This river yields a lot of timber. (referring to the Acqua Fraggia Fall)
 * truovasi di miglio i(n) miglio bone osteriee (Ancient Italian)
 * You can find good taverns from mile to mile. (referring to the Crotti and hut of Valsassina)
 * Su per il lago di Como di ver la Magna è valle di Ciavèna, dove la Mera flumine mette in esso lago; qui si truova montagne sterili et altissime con grandi scogli [...] qui nasce abeti, larici et pini, daini, stambuche, camozze e terribili orsi, non ci si può montare se non a quattro piedi (Ancient Italian)
 * Up the Lake of Como going towards the Magna (Val Codera) there is Val Chiavenna, where the River Mera flows into the lake; here are barren and very high mountains with large rocks ... here are born firs, larches and pines, fallow deer, ibexes, chamois and terrible bears, one cannot climb except on all fours.
 * Li edifiti della vena del rame e dello arzento, presso una terra detta Pra Sancto Petro e vene di ferro e cose fantastiche. (Ancient Italian)
 * Veins of copper and silver are created there, near a land called Prato San Pietro and veins of iron and fantastic things. (referring to the Miniere di Cortabbio)
 * In Valsassina, infra Vimogno e Introbbio a man destra entrando per la via di Lecco, si trova Trosa, fiume che cade da uno sasso altissimo, e cadendo entra sotto terra e li finisce il fiume. 3 miglia più in là si trova li edifici della vena del rame e dello argento, presso una terra detta Pra Santo Petro e vene di ferro e cose fantastiche. La Grigna è la più alta montagna ch'abbi questi paesi, ed è pelata. (Ancient Italian)
 * In Valsassina, between Vimogno and Introbio, if you enter keeping right on way of Lecco, you will find Trosa, a river that falls from a very high stone, and as it falls it enters the ground and that is where the river ends. 3 miles further on are the buildings of the vein of copper and silver, near a land called Prato San Pietro and veins of iron and fantastic things. Grigna is the highest mountain these towns have, and it is bald. (paper F.573)

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 dense, on the bosom of the waters, rendering the darkness, in that direction, trebly deep.

Benjamin Pump was invariably the cockswain and net-caster of Richard's boat, unless the Sheriff saw fit to preside in person; and, on the present occasion, Billy Kirby, and a youth of about half his strength, were assigned to the duty at the oars. The remainder of the assistants were stationed at the ropes, for the laborious service of hauling the net to land. The arrangements were speedily made, and Richard gave the signal to "shove off."

Elizabeth watched the motion of the batteau, as it pulled from the shore, letting loose its rope as it went, but it very soon disappeared in the darkness, when her ear was her only guide to its evolutions. There was a great affectation of stillness, during all these manuvres, in order, as Richard assured them, "not to frighten the bass, who were running into the shoal waters, and who would approach the light, if not disturbed by the sounds from the fishermen."

The hoarse voice of Benjamin was alone heard, issuing out of the gloom, as he uttered, in authoritative tones, "pull larboard oar," "pull starboard," "give way together, boys," and such other dictative mandates as were necessary for the right disposition of his seine. A long time was passed in this necessary part of the process, for Benjamin prided himself greatly on his skill in throwing the net, and, in fact, most of the success of the sport depended on its being done with judgment. At length a loud splash in the water, as he threw away the "staff," or "stretcher," with a hoarse call from the steward, of "clear," announced that the boat was returning to the shore; when Richard seized a brand from the fire, and ran to a point, as far above the centre of the fish-

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 Grafting trees is no new art. The Romans did it by a number of methods, nineteen methods according to one writer. And that the art of grafting was well established in the Old World two thousand years ago is certified by the Apostle Paul's writings to the Romans from Corinth, prior to his visit to Italy. In the 11th chapter of his Epistle to the Romans, he uses as a simile the art of tree grafting, likening to it the progress of the Jews and the Gentiles. (Epistle to the Romans, Chapter 11, verses 16-24.)

This Corsican chestnut farming is typical of that which covers many thousands of steep and rocky acres in central France, some of the slopes of the Alps, of the mountains of Spain, of Italy from end to end, and of parts of the Balkans. Especially do I recall when crossing the Apennines from Bologna to Florence, the marked and sudden increase of population that occurred at about two thousand feet elevation. The slopes below two thousand feet were treeless and on them were few evidences of people. At two thousand feet, where the chestnut forests begin, the villages were numerous, large, and substantial.

Compare this age-old and permanent European mountain farming with the perishing corn farms of our own Appalachian mountains. The farmer of Carolina, Tennessee, or Kentucky mountains has the cornfield as his main standby. He has a garden, perhaps in the woods some pigs—largely acorn-fed, some cows and sheep which range the glades and hills and pick such living as they can. The corn crop is the main standby. Corn bread is the chief food of the family. If there be enough, the pig or sheep or cow may get a little, or again they may not. The part that corn whiskey has played in the history of this region need not be expanded here.

The economic contrast between the Corsican and Appalachian mountaineers is striking. In Corsica the stone house in contrast to the log cabin of Appalachia; in Corsica the good stone road going on a horizontal plane along the mountainside in contrast to the miserable trails running up and down the American mountain; the Corsican mountain covered with majestic trees whose roots hold the soil in place, in contrast to the Amer-

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 ing ground, as the one from which the batteau had started was below it.

"Stick her in dead for the Squire, boys," said the steward, "and we'll have a look at what there is that grows in this here pond."

In place of the falling net, were now to be heard the quick strokes of the oars, and the noise of the rope, running out of the boat. Presently the batteau shot into the circle of light, and in an instant she was pulled to shore. Several eager hands were extended, to receive the "hauling line," and, both ropes being equally well manned, the fishermen commenced hauling in, with slow and steady drags, Richard standing in the centre, giving orders, first to one party and then to the other, to increase or slacken their efforts, as the occasion required. The visiters were posted near him, and enjoyed a fair view of the whole operation, which was slowly advancing to an end.

Opinions, as to the result of their adventure, were now freely hazarded by all the men, some declaring that the net came in as light as a feather, and others affirming that it seemed to be full of logs. As the ropes were many hundred feet in length, these opposing sentiments were thought to be of little moment by the Sheriff, who would go first to one line and then to the other, giving each a small pull, in order to enable him to form an opinion for himself.

"Why, Benjamin," he cried, as he made his first effort in this way, "you did not throw your net clear. I can move it with my little finger. The rope slackens in my hand."

"Did you ever see a whale. Squire?" responded the steward: "I say that if that there net is foul, the devil is in the lake in the shape of a fish, for I cast it as fair as ever rigging was rove over the quarter-deck of a flag-ship."

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 ican mountainside deforested, gashed with gullies, gutted, and soon abandoned.

When the Corsican starts a crop, he does it by planting beautiful trees whose crops he and his children and his children's children will later pick up from year to year, decade to decade, generation to generation. When the American mountaineer wants to sow a crop, he must fight for it, a fight without quarter, a fight to the death of the mountain. First he cuts and burns forests, then he must struggle with the roots and stones in the rough ground of a new field. The sprouting shoots of the trees and tree roots must be cut with a hoe. This is the most expensive form of cultivation, but often the steep and stony ground can be tilled in no other way. In a few seasons the mountainside cornfield is gullied to ruin, and the mountaineer—the raper of the mountain—must laboriously make another field. No race of savages, past or present, has been so destructive of soil as have been the farmers of the southeastern part of the United States during the past century. How long can the United States last at present rates of destruction?

There is one argument for corn. It is a great and destructive argument. The plant is annual. The labor of the husbandman is quickly rewarded. The ruin of his farm comes later.

As between corn and chestnuts as types of mountain agriculture, the labor cost appears to be plainly in favor of the chestnut, but there is that pesky time element.

The chestnut also seems to be more productive than corn. Much sifting of facts among the chestnut growers of Corsica and France seems to show that the chestnut is a better yielder of food in the mountains of those countries than corn and oats are in the mountains of Carolina and Kentucky.

An authoritative book on chestnut culture in France is Le Chataignier, by Jean-Baptiste Lavaille, Paris, Vigot Fréres, 1906. This book says, "A good French chestnut orchard yields on the average thirty-two hectoliters per hectare," or about two thousand pounds per acre.

United States Daily Consular Report, July 20, 1912, p.

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Rh discrimination is distinct from, and not a form of, sex discrimination.

In sum, all of the usual indicators of ordinary meaning—common parlance, common usage by Congress, the practice in the Executive Branch, the laws in the States, and the decisions of this Court—overwhelmingly establish that sexual orientation discrimination is distinct from, and not a form of, sex discrimination. The usage has been consistent across decades, in both the federal and state contexts.

Judge Sykes summarized the law and language this way: “To a fluent speaker of the English language—then and now—... discrimination ‘because of sex’ is not reasonably understood to include discrimination based on sexual orientation, a different immutable characteristic. Classifying people by sexual orientation is different than classifying them by sex. The two traits are categorically distinct and widely recognized as such. There is no ambiguity or vagueness here.” Hively, 853 F. 3d, at 363 (dissenting opinion).

To tie it all together, the plaintiffs have only two routes to succeed here. Either they can say that literal meaning overrides ordinary meaning when the two conflict. Or they can say that the ordinary meaning of the phrase “discriminate because of sex” encompasses sexual orientation discrimination. But the first flouts long-settled principles of statutory interpretation. And the second contradicts the widespread ordinary use of the English language in America.

Until the last few years, every U. S. Court of Appeals to address this question concluded that Title VII does not prohibit discrimination because of sexual orientation. As noted above, in the first 10 Courts of Appeals to consider the issue, all 30 federal judges agreed that Title VII does not prohibit sexual orientation discrimination. 30 out of 30


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Author:Leonard Thompson Troland

Works

 * As chairman,

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 343, reports that "148,000 acres of chestnuts in the reporter's district in Spain yielded, 1910, 2,534 pounds of chestnuts to the acre."

The average yield of corn in seven mountain counties of North Carolina, Tennessee, and Kentucky for 1919 was 1,124 pounds per acre; for 1924 it was 1,145 pounds. For the same counties the yield of oats per acre was, 1919, 363 pounds; 1924, 524 pounds. Mr. Raphael Zon of the Bureau of Forestry tells me that the 1,600,000 acres of chestnut orchards of Italy (good, bad, and indifferent) yield on the average about 1,000 pounds of nuts per acre. The American Consul at Marseilles, France, reported in 1912, for the 190,000 acres in his district, a yield of 1,320 pounds to the acre, worth 0.8 cents per pound, or $10.46 per acre.

Professor Grand, Professor of Agriculture at Grenoble, said in 1913 that matured chestnut trees 70 years old, 25 to 30 meters apart, 12 to a hectare or 4 to an acre, would bear an average crop of 150 to 200 kilos per tree. This is 1,320 to 1,760 pounds per acre. He insisted on this as an average, and said that the yield at times would be 4,000 to 5,000 kilos of nuts per hectare in a year of big crop (3,520 to 4,400 pounds per acre).

A big tall tree near the village of Pedicroce in Corsica had a girth of 4.60 meters, a spread of 60 feet; it stood on a terrace with nothing on three sides of it, and beside it was alfalfa, on which its roots could feed. The owner stoutly held that it yielded 1,000 liters of nuts on the average, that the tree varied in production but little from year to year, and that he gathered nuts himself and therefore was sure of his facts.

The yields of corn in Appalachia and of chestnuts on the European mountainsides are about the same in quantity, but the corn yield can be made only occasionally and for a short period of time before erosion destroys the field. In contrast to this, the chestnut yields on and on and holds in place the ground it feeds on.

Mr. Pierri, a wealthy proprietor and merchant of the Corsican

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 But Richard discovered his mistake, when he saw Billy Kirby before him, standing with his feet to the water, at an angle of forty-five degrees, inclining shore wards, and expending his gigantic strength in sustaining himself in that posture. He ceased his remonstrances, and proceeded to the party at the other line.

"I see the 'staffs,'" shouted Mr. Jones;—"gather in, boys, and away with it; to shore with her—to shore with her."

At this cheerful sound, Elizabeth strained her eyes, and saw the ends of the two sticks on the seine, emerging from the darkness, while the men closed near to each other, and formed a deep bag of their net. The exertions of the fishermen sensibly increased, and the voice of Richard was heard, encouraging them to make their greatest efforts, at the present moment.

"Now's the time, my lads," he cried; "let us get the ends to land, and all we have will be our own—away with her!"

"Away, with her it is," echoed Benjamin-"hurrah! ho-a-hoy, ho-a-hoy, ho-a!"

"In with her," shouted Kirby, exerting himself in a manner that left nothing for those in his rear to do, but to gather up the slack of the rope which he passed through his hands.

"Staff, ho!" shouted the steward.

"Staff, ho!" echoed Kirby, from the other rope.

The men rushed to the water's edge, some seizing the upper rope, and some the lower, or lead-rope, and began to haul with great activity and zeal. A deep semicircular sweep, of the little balls that supported the seine in its perpendicular position, was plainly visible to the spectators, and, as it rapidly lessened in size, the bag of the net appeared, while an occasional flut-

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22 judges.

The unanimity of those 30 federal judges shows that the question as a matter of law, as compared to as a matter of policy, was not deemed close. Those 30 judges realized a seemingly obvious point: Title VII is not a general grant of authority for judges to fashion an evolving common law of equal treatment in the workplace. Rather, Title VII identifies certain specific categories of prohibited discrimination. And under the separation of powers, Congress—not the courts—possesses the authority to amend or update the law, as Congress has done with age discrimination and disability discrimination, for example.

So what changed from the situation only a few years ago when 30 out of 30 federal judges had agreed on this question? Not the text of Title VII. The law has not changed. Rather, the judges’ decisions have evolved.

To be sure, the majority opinion today does not openly profess that it is judicially updating or amending Title VII. Cf. Hively, 853 F. 3d, at 357 (Posner, J., concurring). But the majority opinion achieves the same outcome by seizing on literal meaning and overlooking the ordinary meaning of the phrase “discriminate because of sex.” Although the majority opinion acknowledges that the meaning of a phrase and the meaning of a phrase’s individual words could differ, it dismisses phrasal meaning for purposes of this case. The majority opinion repeatedly seizes on the meaning of the


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 ter on the water announced the uneasiness of the prisoners it contained.

"Haul in, my lads," shouted Richard—"I can see the dogs kicking to get free. Haul in, and here's a cast that will pay you for the labour."

Fishes of various sorts now were to be seen, entangled in the meshes of the net, as it was passed through the hands of the labourers; and the water, at a little distance from the shore, was alive with the agitated movements of the alarmed victims. Hundreds of white sides were glancing up to the surface of the water, and glistening in the fire-light, when frightened at the uproar and the change, the fish would again dart to the bottom, in fruitless efforts for freedom.

"Hurrah!" shouted Richard again; "one or two more heavy drags, boys, and we are safe."

"Cheerily, boys, cheerily!" cried Benjamin; "I see a salmon-trout that is big enough for a chowder."

"Away with you, you varmint!" said Billy Kirby, plucking a bull-pout from the meshes, and casting the animal back into the lake with great contempt. "Pull, boys, pull; here's all kinds, and the Lord condemn me for a liar, if there an't a thousand bass!"

Inflamed beyond the bounds of discretion at the sight, and forgetful of the season, the wood-chopper rushed to his middle in the water, and begun to drive the reluctant animals before him from their native element.

"Pull heartily, boys," cried Marmaduke, yielding to the excitement of the moment, and laying his hands to the net, with no trifling addition to the force. Edwards had preceded him, for the sight of the immense piles of fish, that were slowly rolling over on the gravelly beach, had im-

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 pelled him also to leave the ladies, and join the fishermen.

Great care was observed in bringing the net to land, and, after much toil, the whole shoal of victims were safely deposited in a hollow of the bank, where they were left to flutter away their brief existence, in their new and fatal element.

Even Elizabeth and Louisa were greatly excited and highly gratified, by seeing two thousand captives thus drawn from the bosom of the lake, and laid as prisoners at their feet. But when the feelings of the moment were passing, away, Marmaduke took in his hands a bass, that might have weighed two pounds, and, after viewing it a moment, in melancholy musing, he turned to his daughter, and observed—

"This is a fearful expenditure of the choicest gifts of Providence. These fish, Bess, which thou seest lying in such piles before thee, and which, by to-morrow evening, will be rejected food on the meanest table in Templeton, are of a quality and flavour that, in other countries, would make them esteemed a luxury on the tables of princes or epicures. The world has no better fish than the bass of Otsego: it unites the richness of the shad to the firmness of the salmon."

"But surely, dear sir," cried Elizabeth, "they must prove a great blessing to the country, and a powerful friend to the poor."

"The poor are always prodigal, my child, where there is plenty, and seldom think of a provision against the morrow. But if there can be any excuse for destroying animals in this manner, it is in taking the bass. During the winter, you know, they are entirely protected from our assaults by the ice, for they ever refuse the hook; and during the hot months they are not seen.

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 village of Stazzona, valued chestnut orchards in his vicinity at $230 per acre in 1913. For some orchards the price was more, for others it was less. At $230 per acre an orchard should have thirty-five to forty trees per acre, which would give a value of about six dollars per tree. A tree with a girth of one meter was worth six dollars, but a big tree was worth fifteen to twenty dollars because it bore more nuts. This land valuation was based upon an earning of sixteen to twenty dollars per acre net at that time, 1913. This income in turn was based upon an average production, according to Mr. Pierri, of 3,100 pounds per acre, with fluctuations ranging between 1,700 and more than 4,000 pounds per year.

I saw this land. It was as steep as a house roof and is shown in Figs. 48 and 49. Similar land without chestnuts had almost no value. Note the number and value of trees in Mr. Pierri's statement above.

The chestnut is a regular crop on systematized farms in at least one section of south central France. I saw it near the towns of Jouillac and Pompadour in the department of Corréze. Under this system the farmer plants about one-third of the farm land to grafted chestnut trees. The crop function is almost identical with that of corn on a farm in Pennsylvania, Kentucky, or Wisconsin. As the corn is used in these states for forage, so is the chestnut used in France. When the French farms are rented, the agreements usually contain a provision similar to that found in many American leases with regard to corn, the French provision requiring that the chestnut shall be fed on the farm so that the land may benefit by the fertilizing value of the crop. Sometimes this land that is in chestnuts is good arable land, sometimes the trees are planted in rows and cultivated—true tree-corn indeed.

The following interesting prices were reported from the chestnut-growing provinces Corrèze and Aveyron by American

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 It is supposed they retreat to the deep and cool waters of the lake, at that season; and it is only in the spring and autumn, that, for a few days, they are to be found, around the points where they are within the reach of a seine. But, like all the other treasures of the wilderness, they already begin to disappear, before the wasteful extravagance of man."

"Disappear, 'duke! disappear!" exclaimed the Sheriff; "if you don't call this appearing, I know not what you will. Here are a good thousand of the shiners, some hundreds of suckers, and a powerful quantity of other fry. But this is always the way with you, Marmaduke; first it's the trees, then it's the deer, after that it's the maple sugar, and so on to the end of the chapter. One day you talk of canals, through a country where there's a river or a lake every half-mile, just because the water won't run the way you wish it to go; and the next, you say something about mines of coal, though any man who has good eyes, like myself—I say with good eyes—can see more wood than would keep the city of London in fuel for fifty years;—wouldn't it Benjamin?"

"Why, for that, Squire," said the steward, "Lon'on is no small place. If it was stretched an end, all the same as a town on one side of a river, it would cover some such matter as this here lake. Thof I dar'st to say, that the wood in sight might sarve them a good turn, seeing that the Lon'oners mainly burn coal."

"Now we are on the subject of coal, Judge Temple," interrupted the Sheriff, "I have a thing of much importance to communicate to you; but I will defer it until to-morrow. I know that you intend riding into the eastern part of the patent, and I will accompany you, and conduct you to a spot, where some of your projects may be rea-

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 clean, offered holocausts upon the altar.

And the Lord smelled a sweet savour, and said: I will no more curse the earth for the sake of man: for the imagination and thought of man’s heart are prone to evil from their youth: therefore I will no more destroy every living soul as I have done.

All the days of the earth, seed-time and harvest, cold and heat, summer and winter, night and day shall not cease.

''God blesseth Noe: forbiddeth blood: and promiseth never more to destroy the world by water. The blessing of Sem and Japheth.''

ND God blessed Noe and his sons. And he said to them: Increase, and multiply, and fill the earth.

And let the fear and dread of you be upon all the beasts of the earth, and upon all the fowls of the air, and all that move upon the earth: all the fishes of the sea are delivered into your hand.

And every thing that moveth, and liveth shall be meat for you: even as the green herbs have I delivered them all to you.

Saving that flesh with blood you shall not eat.

For I will require the blood of your lives at the hand of every beast, and at the hand of man, at the hand of every man, and of his brother, will I require the life of man.

Whosoever shall shed man’s blood, his blood shall be shed: for man was made to the image of God.

But increase you and multiply, and go upon the earth, and fill it.

Thus also said God to Noe, and to his sons with him:

Behold I will establish my covenant with you, and with your seed after you:

And with every living soul, that is with you, as well in all birds, as in cattle and beasts of the earth, that are come forth out of the ark, and in all the beasts of the earth.

I will establish my covenant with you, and all flesh shall be no more destroyed