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 found in the ruins of the hut. This much of the direction written on it was still legible:

"Altamont!" exclaimed the Doctor. "Ship Porpoise, New York!"

"An American!" said Hatteras, with a start.

"I will save him," said the Doctor, "as sure as I'm alive, and we'll get to the bottom then of this mystery."

He returned to Altamont and redoubled his efforts, till he had the satisfaction of bringing the unfortunate man back to life, though not to consciousness. He could neither see, nor hear, nor speak. He was alive, and that was all.

Next morning Hatteras came up to the Doctor and said:

"We cannot delay our return. We must be off!"

"Let us be off by all means, Hatteras. The sledge is not loaded, we can lay this poor fellow on it, and take him with us."

"So be it," said Hatteras; "but let us bury these dead bodies first."

The unknown sailors were laid once more in their icy grave, and poor Simpson's form filled the place of Altamont. A brief prayer was spoken as a last adieu, and then the three men turned silently away, and commenced their journey towards the ship.

Two of the dogs being dead, Duk came and offered his services as plainly as a dumb beast could, and a most effective coadjutor he proved, working with the conscience and the will of a Greenlander.

The return march was unmarked by any particular incidents. February being the coldest month of the Arctic winter, the ice was uniformly hard and unbroken, and though the travelers suffered intensely from the low temperature, they had no fierce storms to contend with during its continuance.

The sun had reappeared since the 31st January, and each day rose higher above the horizon.

The Doctor and Bell were at the end of their strength, and nearly blind and lame. Poor Bell was forced to use crutches.

Altamont still breathed, but he was in a state of complete


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210

A large tree, attaining in England a height of over 100 feet and a girth of 15 or even 20 feet. Bark smooth and dark brown in young trees, becoming greyish and fissured longitudinally in old trees, at the same time scaling off in thin plates. Leaves palmately compound, digitate, on a long stalk widened at its insertion. Leaflets five 'to seven, sessile, obovate, cuneate at the base, abruptly acuminate at the apex, unequally and coarsely serrate; green above; beneath pale, tomentose at first, but ultimately glabrous, except for small tufts of hairs in the axils of the veins and a few scattered hairs over the surface; middle leaflet the largest, with twenty-four or more pairs of nerves, lower pair smallest; venation pinnate; petiole glabrous. The leaflets as they emerge from the bud are at first erect, but soon bend downwards on their stalks. When nearly full grown they rise up and become horizontal. In autumn they turn yellow or brownish and fall early, each leaflet disarticulating separately from the petiole.

Flowers in large upright pyramidal panicles, the primary branches of which are racemose, the lateral branches cymose. Upper flowers staminate and opening first; lower flowers hermaphrodite. Calyx greenish, five-toothed. Petals four to five, crumpled at the edge, white, with yellow spots at the base, which ultimately become pink. Stamens seven, longer than the petals, the filaments bent down when the flower opens and the stigma protrudes, later moving up on a level with the style. Fruits few on each panicle, large, globular, green, with stout, thick conical spines, three-valved, usually one-seeded, occasionally two- to three-seeded. Seed large, shining-brown, with a broad whitish hilum. Cotyledons two, large, fleshy, distinct below, blended into one mass above.

The cotyledons are large and fleshy and remain in the seed, which frequently germinates on the surface of the soil or only slightly buried beneath it. The cotyledons have long petioles (¾–1 inch), which are broad and flattened, with a concavity on their inner surface. The caulicle, very variable in length (1 to 4 inches), is stout, brownish, pubescent, and ends in a stout tap-root, which gives off numerous branching fibres. The young stem is stout, terete, brownish, striated and marked with numerous lenticels, puberulent or glabrous; it has no scale-leaves, differing in this respect from the young stem of the oak. In other respects the germination of the oak and of the horse-chestnut are almost identical. At a varying height

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212 Baumann discovered in 1822, near Geneva, a horse-chestnut tree, of which a single branch bore double flowers; and from this branch the variety was propagated at the Bollweiler nursery in Alsace. The flowers last longer than those of the single kind, and no fruits are formed, which renders it useful as a tree in streets, where the fall of fruits is an inconvenience. This variety is very hardy, and resisted well the severe winter of 1879–80 in France.

2. Var. laciniata (var. asplenifolia, var. incisa). Leaflets cut up into narrow lobes. According to Beissner this variety has been in cultivation for over forty years; and a form of it was found by Herr Henkel of Darmstadt, which keeps its foliage much longer than the typical form; but this is not the case in some localities.

3. Var. crispa. Leaves short-stalked, with broad leaflets. Tree compact in habit.

4. Var. pyramidalis. Upright in habit.

5. Var. umbraculifera. Crown densely branched, and globular in outline.

6. Var. tortuosa. Branches bent and twisted.

7, Var. Memmingeri. Leaves yellowish in colour, looking as if powdered with sulphur.

8. Var. aureo-variegata. Leaves variegated with yellow.

Several other varieties of slight interest, which do not seem to be in cultivation in this country, are mentioned by Schelle.

The horse-chestnut occurs wild in the mountains of northern Greece. Halácsy, the latest authority, gives many localities in Phthiotis, Eurytania, Thessaly, and Epirus; but states that it is not found wild on Mount Pelion or in Crete. Baldacci, in 1897, found the tree growing wild on almost inaccessible precipices below the lower limit of the coniferous belt near Syrakou in the district of Janina in Albania.

The native country of the tree was long a matter of doubt; but the whole question was satisfactorily elucidated by Heldreich in a paper, from which we extract most of the following account. Linnæus considered the habitat of the tree to be northern Asia, and De Candolle thought that it came from northern India. The tree is, however, not known wild in India, where it is replaced by Æsculus indica. Boissier states that it is recorded from Greece by Sibthorp, from Imeritia (Caucasus) by Eichwald, and from Persia by various authors. It is, however, unknown in the wild state in Persia; and Radde mentions it only as a planted tree


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 dom will never be able to reproduce them with absolute success. Those who have read the accounts, recorded in Chinese and Japanese literature, of men almost deified as the discoverers of some new boccaro clay; or who have heard the fond tradition how the pâte of every choice piece fired at the potteries of the Po-yang Lake had invariably received a century's manipulation; or how the materials of celebrated glazes were ground and re-ground during the life-time of half a generation until they were reduced to impalpable powder; or how, to distinguish the true colouring pigment—the Mohammedan blue, worth more than its weight in gold—from the many imperfect compounds which nature's laboratory offered, was an accomplishment possessed by the most gifted experts only; those who are familiar with all these things have no difficulty in understanding that the decadence of such extraordinary processes, such labours of almost crazy love, was an inevitable outcome of the world's changed conditions. Regarded, therefore, as works of art which have ceased to be produced, and which must become every day more unprocurable, the Hawthorns and other hard-paste blue-and-white specimens which in recent years created a furore among English collectors, were not unworthy of the homage they received. But from a Chinese point of view, such pieces are not to be placed in the very first rank of keramic masterpieces. The instinct of the French amateurs of former years directed them more truly when it inspired their love of monochromatic wares and of soft-paste pieces decorated with blue sous couverte, and the instinct of American collectors has happily followed in the same direction.


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was the way of it, don't you know—
 * Ryan was wanted' for stealing sheep,

And never a trooper, high or low,
 * Could find him—catch a weasel asleep!

Till Trooper Scott, from the Stockman's Ford—
 * A bushman, too, as I've heard them tell—

Chanced to find him drunk as a lord
 * Round at the Shadow of Death Hotel.

D' you know the place ? It's a wayside inn,
 * A low grog-shanty—a bushman trap,

Hiding away in its shame and sin
 * Under the shelter of Conroy's Gap—

Under the shade of that frowning range,
 * The roughest crowd that ever drew breath—

Thieves and rowdies, uncouth and strange,
 * Were mustered round at the Shadow of Death.


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Page:Brinkley - China - Volume 1.djvu/23

 It was natural, in view of this appreciative mood of French amateurs, that the first researches into the subject of Chinese keramics should be made by French authors. M. Stanilas Julien led the way with his translation of the Ching-tê-chên Tao-lu, or "History of Ching-tê-chên Keramics." This work was published in 1856, and has remained since then an authoritative text-book. But M. Julien laboured under a very great disadvantage. He possessed no knowledge of the processes described in the Chinese volume. He was simply a student of languages, competent to render the meaning of an ideograph, but without either the experience of a connoisseur or the education of an artist. Nothing could have been more extravagant than to expect that his interpretation of the Tao-lu would be free from error. The book itself, apart from the special attainments its subject demanded, was not calculated to facilitate a translator's task. Compiled, for the most part, in the early years of the present century, that is to say, when Chinese potters were already beginning to lose their ancient dexterity, its author relied upon tradition for the bulk of his materials; and, to crown all, died before the volume was completed. The compilation and publication of the information he had collected devolved upon his pupil, Ching Ting-kwei, who, judged by the account he gives of himself, had little knowledge of keramic processes. One valuable work the author of the Tao-lu was able to consult, namely, the Tao-shu, or "Keramic Annals," written nearly half a century previously during the reign of the celebrated Chien-lung. But neither the Tao-shu nor the Tao-lu aimed at furnishing such information as a Western student desires. The object of both


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214 to move, even when five or six feet high. As the tree is liable to form large side branches, the buds should be rubbed off the stem early in order to form a clean trunk, though it bears pruning well as a young tree.

Though somewhat liable to suffer from cold winds and spring frost, which injure the foliage and flowers, the tree is hardier in this respect than many of our native trees, though coming from a warm southern country.

As regards the chemical nature of the soil it is quite indifferent, for though it grows faster on a good loam and does not come to perfection on sandy soil, it attains a large size on dry, rocky, calcareous soils, and even at an elevation of 800 feet and upwards resists wind better than many trees. I have seldom seen horse-chestnuts blown down, though large heavy branches are often torn off by violent winds.

As an ornamental flowering tree for parks, lawns, and avenues it has no superior, though on account of its branching habit it requires considerable attention in order to form tall shapely trees. Its principal defect is the tendency of the leaves to become brown and ragged early in the autumn, but they fall quickly, and being easily removed make less litter than the leaves of the beech, oak, or sycamore.

The large branches when allowed to rest on the ground in damp situations frequently take root and become naturally layered, the best instance of this that I have seen being at Mottisfont Abbey, Hants.

For town planting, on account of its beautiful flowers and dense shade during the hottest months, the horse-chestnut is perhaps, next to the plane, one of the best trees we have, and does not seem to suffer much from smoke. In parks it is valuable for its fruit, which are so much liked by deer that they are eaten as fast as they fall, and would perhaps be worth collecting for winter food.

The extraordinary hardiness of this southern tree is proved by the fact that it will grow to a large size as far north as Trondhjem in Norway, lat. 63° 26/, a tree figured by Schubeler near this place being 37 feet by 8 feet 9 inches. Another in the Botanic Garden at Christiania, which is considered the largest in Norway, measured in 1861, 16.62 metres by 2.45 metres, and when I saw it in 1903 had increased to no less than 28 metres high by 3 in girth, though it has been exposed to as low a temperature as –18" to –20° Réaumur.

As regards the age which the horse-chestnut attains we have few exact records, but it does not seem a very long-lived tree. J. Smith states that an avenue running south-east from the front of Broadlands House, near Romsey, Hants, was planted in 1735; but in 1887 only two trees remained, which were 11 feet and 12 feet 4 inches in girth.

There are so many fine trees in almost every part of Great Britain that I need not go into great detail as to their dimensions, but though it is possible that in

Bushy Park, or other places near London, taller trees exist, I have only at


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40 The races came to Dandaloo,
 * And all the cornstalks from the West,

On ev'ry kind of moke and screw,
 * Came forth in all their glory drest.

The stranger's horse, as hard as nails,
 * Look'd fit to run for New South Wales.

He won the race by half a length—
 * Quite half a length, it seemed to me—

But Dandaloo, with all its strength,
 * Roared out Dead beat!' most fervently;

And, after hesitation meet, The judge's verdict was 'Dead heat!'

And many men there were could tell
 * What gave the verdict extra force:

The stewards, and the judge as well—
 * They all had backed the second horse,

For things like this they sometimes do In larger towns than Dandaloo.

They ran it off; the stranger won,
 * Hands down, by near a hundred yards

He smiled to think his troubles done;
 * But Dandaloo held all the cards.


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216 There is a fine tree at Syon, which in 1905 was 93 feet high by 15 feet 4 inches in girth; and at Broom House, Fulham, there is a tree 95 feet high.

In the courtyard at Burleigh, near Stamford, the seat of the Marquess of Exeter, there is a large and very beautiful tree, figured by Strutt, plate 37, which was in 1822 60 feet high by to feet in girth, with a spread of 61 feet diameter. When I saw it in 1903 it was still in perfect health, and was about 80 feet by 12 feet 6 inches. It had remarkably spiny fruit, and its trunk was covered with small twigs.

At Trebartha Hall, near Launceston in Cornwall, Mr. Enys reports in 1904 a tree 15 feet 6 inches in girth, with an estimated height of 70 feet.

In Scotland the horse-chestnut seems as much at home as in England, and thrives in most places as far north as Gordon Castle, where there is a tree, measured in 1881 by Mr. Webster, 65 feet high by 13 feet 4 inches in girth, and 274 feet in circumference of its branches.

At Newton Don, Kelso, the seat of Mr. C.B. Balfour, there is a tree which was in 1906, 13½ feet in girth with a spread of branches of 165 feet in circumference.

In Perthshire there is a very beautiful tree, remarkable for its weeping habit, in the park at Dunkeld, which measures 80 feet in height by 17 feet 6 inches in girth (Plate 64). At Kilkerran, Ayrshire, Mr. J. Renwick has measured a fine tree 84 feet high by 14 feet in girth, with a bole 22 feet high. At Pollok, near Glasgow, a tree measured, in 1904, 63 feet high by 13 feet 6 inches girth at 2½ feet from the ground, with a bole of 5 feet, giving off four great stems.

None of these are equal to a tree in a group of seven standing at the west end of Moncreiffe House in Perthshire, which Hunter describes as the largest in Scotland, and which then measured 19 feet in girth at five feet from the ground, At ten feet it divides into three great limbs, one of which has become firmly rooted in the ground, and extends so far from the trunk that the total spread of the tree is 9o feet in diameter.

The remarkable hardiness of this tree is shown by the existence of one, reported by Mr. Farquharson of Invercauld, as growing at an elevation of 1110 feet, which was supposed to be 177 years old in 1864, when it was 8 feet 7 inches in girth.

In Ireland the horse-chestnut attains a great size, the largest we know of occurring at Woodstock in Co. Kilkenny, on an island in the River Nore. One tree measured in 1904, 93 feet in height by 18 feet 1 inch in girth, and according to the careful records which have been kept of the growth of the many fine trees on this property, measured in 1825, 10 feet 2 inches in girth; in 1846, 13 feet 2 inches; in 1901, 17 feet 9 inches. Another about the same height, in a meadow near the river, measured in 1825, 11 feet in girth; in 1834, 12 feet; in 1846, 12 feet 11 inches; in 1901, 14 feet 4 inches.


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Rh They went to scale and—cruel fate!— His jockey turned out under-weight.

Perhaps they'd tampered with the scale!
 * I cannot tell.I only know

It weighed him out all right.I fail
 * To paint that Sydney sportsman's woe.

He said the stewards were a crew Of low-lived thieves in Dandaloo.

He lifted up his voice, irate,
 * And swore till all the air was blue;

So then we rose to vindicate
 * The dignity of Dandaloo.

'Look here,' said we, you must not poke Such oaths at us poor country folk.'

We rode him softly on a rail,
 * We shied at him, in careless glee,

Some large tomatoes, rank and stale,
 * And eggs of great antiquity—

Their wild, unholy fragrance flew About the town of Dandaloo.


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42 He left the town at break of day,
 * He led his race-horse through the streets,

And now he tells the tale, they say,
 * To every racing man he meets.

And Sydney sportsmen all eschew The atmosphere of Dandaloo.


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was shearing-time at the Myall Lake,
 * And there rose the sound thro' the livelong day

Of the constant clash that the shear-blades make
 * When the fastest shearers are making play,

But there wasn't a man in the shearers' lines
 * That could shear a sheep with the two Devines.

They had rung the sheds of the east and west,
 * Had beaten the cracks of the Walgett side,

And the Cooma shearers had giv'n them best—
 * When they saw them shear, they were satisfied.

From the southern slopes to the western pines They were noted men, were the two Devines.

'Twas a wether flock that had come to hand,
 * Great struggling brutes, that the shearers shirk,

For the fleece was filled with the grass and sand,
 * And seventy sheep was a big day's work.

At a pound a hundred it's dashed hard lines To shear such sheep,' said the two Devines. 88


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 by them. They apparently thought it impossible that such an atrocity as the destruction of their lives could be in the contemplation of the German Government. But they were mistaken, and the ship sailed.

It appears that a question had arisen in the office of the Cunard Company shortly after the war broke out as to whether the transatlantic traffic would be sufficient to justify the Company in running their two big and expensive ships—the "Lusitania" and the "Mauretania." The conclusion arrived at was that one of the two (the "Lusitania") could be run once a month if the boiler power were reduced by one-fourth. The saving in coal and labour resulting from this reduction would, it was thought, enable the Company to avoid loss though not to make a profit. Accordingly six of the "Lusitania's"


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 boilers were closed and the ship began to run in these conditions in November, 1914. She had made five round voyages in this way before the voyage in question in this enquiry. The effect of the closing of the six boilers was to reduce the attainable speed from 24½ to 21 knots. But this reduction still left the "Lusitania" a considerably faster ship than any other steamer plying across the Atlantic. In my opinion this reduction of the steamer's speed was of no significance and was proper in the circumstances.

By the 7th of May the "Lusitania" had entered what is called the "Danger Zone," that is to say, she had reached the waters in which enemy submarines might be expected. The Captain had therefore taken precautions. He had ordered all the life-boats under davits


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Rh ceed to China. I had hoped to gain access to that then closed empire by means of the healing art; but there being no prospect of an early peace, I was induced to turn my thoughts to Africa; I embarked in 1840, and reached the Cape after a voyage of three months. I shortly afterwards went to Algoa Bay, and soon proceeded inland to the Kuruman mission station in the Bechuana country. This station is about seven hundred miles from Cape Town, and had been established, nearly thirty years before, by Messrs. Hamilton and Mofiat. The mission-houses and church are built of stone. The gardens, irrigated by a rivulet, are well stocked with fruit-trees and vines, and yield European vegetables and grain readily. The pleasantness of the place is enhanced by the contrast it presents to the surrounding scenery, and the fact that it owes all its beauty to the manual labour of the missionaries. Externally it presents a picture of civilised comfort to the adjacent tribes; and the printing-press, worked by the original founders of the mission, and several younger men who have entered into their labours, gradually diffuses the light of Christianity through the neighbouring region. This oasis became doubly interesting to me, from something like a practical exposition of the text, Mark x. 29; for after nearly four years of African life as a bachelor, I screwed up courage to put a question beneath one of the fruit-trees, the result of which was that in 1844 I became united in marriage to Mr. Moffat's eldest daughter, Mary. Having been born in the country, and being expert in household matters, she was always the best spoke in the wheel at home ; and when I took her with me on two occasions to Lake Ngami, and far beyond, she endured more than some who have written large books of travels. In process of time our solitude was cheered by three boys and a girl, and I think it useful to mention that we never had the least difficulty in teaching them to speak English. We made it a rule never to talk to them, nor allow them to talk to us, except in our own tongue. Indeed they rarely attempted to use the native language, though they spoke it perfectly. 'When they went on board ship they refused to utter another word of it, and have now lost it entirely.

In consequence of droughts at our station further inward, we were mainly dependent for supplies of food on Kuruman, and were often indebted to the fruit-trees there and to Mrs.


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 250


text: Page:The Giaour, a fragment of a Turkish tale (IA giaourfragmentof01byro).pdf/28


text:
Page:The Net of Faith.pdf/781

287* Investitute, ,

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John of Pr̄ibram,, ,

John of Ragusa, .,

John of Rokycany, ,

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Jotham's Fable, ,

Judgment Day, ,

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Koranda, Va̍clav, ,

Krofta,, ,

Kropotkin, Prince, ,

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Kutna Hora,, ,

La Boe̍tie, ,

Lactantius, .;

Ladislas Posthumus, ,

Ladislas, king of Naples, ,

Lateran Palace,, ,

Lenz, ,

Leviathan,, ,

Licinius, Emperor,.

Lipany, Battle of, ,

Litice Castle, ,

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Lupac̄, Martin,.

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title: Page:The Net of Faith.pdf/781


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 22


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 23


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 24


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 25


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 26


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 27


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 28


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 29


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 30


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Julius Agricola, being appointed to the command in Britain 78, succeeded in perfectly establishing the Roman dominion, and introducing the Roman manners and language; and, before the close of the first century, the ancient British habit began to be disesteemed by the chiefs, and regarded as a badge of barbarism. " The sons of the British chieftains," says Tacitus, " began to affect our dress ."

The braccæ were abandoned by the southern and eastern Britons, and the Roman tunic, reaching to the knee, with the cloak or mantle, still however called the sagum, became the general habit of the better classes.

The change in the female garb was little, if any; as it had originally been similar to that of the Roman women. The coins of Carausius and the columns of Trajan and Antonine exhibit the Celtic females in two tunics; the lower one reaching to the ancles, and the upper about half-way down the thigh, with loose sleeves, extending only to the elbows, like those of the German women described by Tacitus This upper garment was sometimes confined by a girdle, and was called in British gwn, the gunacum of Varro, and the origin of our word gown.

The hair of both sexes was cut and dressed after the Roman fashion.

In the armoury at Goodrich Court is a most interesting relic of this period. It is the metal coating of a shield, such as the Britons fabricated after they had been induced to imitate the Roman fashions. It is modelled upon the scutum and was called, in consequence, ysgwyd, pronounced esgooyd. It appears originally to have been gilt, a practice con-


text:
Smith v. Florida (405 U.S. 172)

Petitioners' convictions for violation of the Florida vagrancy statute for "wandering or strolling around from place to place without any lawful purpose or object" are vacated and the case is remanded for reconsideration in light of Papachristou v. City of Jacksonville, ante, p. 156. Pp. 172-173.

DOUGLAS, J., delivered the opinion of the Court, in which all Justices joined, except POWELL and REHNQUIST, JJ., who took no part in the consideration or decision of the case.

Phillip A. Hubbart argued the cause and filed briefs for petitioners.

Nelson E. Bailey, Assistant Attorney General of Florida, argued the cause for respondent pro hac vice. With him on the brief was Robert L. Shevin, Attorney General.

title: Smith v. Florida (405 U.S. 172)


text: Works of Jules Verne/Adventures of Captain Hatteras/The English at the North Pole/Chapter 31


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Rh are far from me,” he wrote, “and I am left alone, a stranger in a strange land.” But his spirit was not crushed by these successive misfortunes. He continued to compile huge works at a very rapid rate. He was not destined, however, to end his life in obscurity. In 1503 he was given a diplomatic past in Venice, and he passed his remaining years in happiness and honor. He ended the splendid roll of famous Spanish Jews with a career peculiarly Spanish, He gave a final, striking example of that association of life with literature which of old characterized Jews, but which found its greatest and last home in Spain.

As a writer, Abarbanel has many faults. He is very verbose, and his mannerisms are provoking. Thus, he always introduces his commentaries with a long string of questions, which he then proceeds to answer. It was jokingly said of him that he made many sceptics, for not one in a


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228 score of his readers ever got beyond the questions to the answers. There is this truth in the sarcasm, that Abarbanel, despite his essential lucidity, is very hard to read. Though Abarbanel has obvious faults, his good qualities are equally tangible. No predecessor of Abarbanel came so near as he did to the modern ideal of a commentator on the Bible. Ibn Ezra was the father of the “Higher Criticism,” i. e. the attempt to explain the evolution of the text of Scripture. The Kirnehis developed the strictly grammatical exposition of the Bible. But Abarbanel understood that, to explain the Bible, one must try to reproduce the atmosphere in which it was written; one must realize the ideas and the life of the times with which the narrative deals. His own practical state-craft stood him in good stead. He was able to form a conception of the politics of ancient Judea. His commentaries are works on the philosophy of history. His more formal phi-


text:
Smith v. Florida (405 U.S. 172)/Opinion of the Court

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Florida's vagrancy statute includes in the term "vagrants," who can be criminally charged and convicted, "persons wandering or strolling around from place to place without any lawful purpose or object." The defendants were so charged and pleaded not guilty, waived trial by jury, and were tried by a judge, who denied a motion to dismiss. The Florida Supreme Court affirmed, two judges dissenting. 239 So. 2d 250. The [p173] case is here on a petition for a writ of certiorari which we granted. 403 U.S. 917.

We have this day decided Papachristou v. City of Jacksonville, ante, p. 156. We therefore vacate and remand the judgment in the instant case for reconsideration in light of Papachristou.

So ordered.

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


text: Author:Orlando Gibbons

title: Author:Orlando Gibbons


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Page:Bostock v. Clayton County (2020).pdf/71

34 merely feeble would be generous.

While Americans in 1964 would have been shocked to learn that Congress had enacted a law prohibiting sexual orientation discrimination, they would have been bewildered to hear that this law also forbids discrimination on the basis of “transgender status” or “gender identity,” terms that would have left people at the time scratching their heads. The term “transgender” is said to have been coined in the early 1970s, and the term “gender identity,” now understood to mean “[a]n internal sense of being male, female or something else,” apparently first appeared in an academic article in 1964. Certainly, neither term was in common parlance; indeed, dictionaries of the time still primarily defined the word “gender” by reference to grammatical classifications. See, e.g., American Heritage Dictionary, at 548 (def. 1(a)) (“Any set of two or more categories, such as masculine, feminine, and neuter, into which words are divided ... and that determine agreement with or the


text: Author:Louis Spohr

title: Author:Louis Spohr


text: Page:Poems Osgood.djvu/32

title: Page:Poems Osgood.djvu/32


text:
Page:Bostock v. Clayton County (2020).pdf/72

Rh selection of modifiers, referents, or grammatical forms”).

While it is likely true that there have always been individuals who experience what is now termed “gender dysphoria,” i.e., “[d]iscomfort or distress related to an incongruence between an individual’s gender identity and the gender assigned at birth,” the current understanding of the concept postdates the enactment of Title VII. Nothing resembling what is now called gender dysphoria appeared in either DSM–I (1952) or DSM–II (1968). It was not until 1980 that the APA, in DSM–III, recognized two main psychiatric diagnoses related to this condition, “Gender Identity Disorder of Childhood” and “Transsexualism” in adolescents and adults. DSM–III, at 261–266.

The first widely publicized sex reassignment surgeries in the United States were not performed until 1966, and the great majority of physicians surveyed in 1969 thought that an individual who sought sex reassignment surgery was either severely neurotic or psychotic.

It defies belief to suggest that the public meaning of discrimination because of sex in 1964 encompassed discrimination on the basis of a concept that was essentially unknown to the public at that time.

The Court’s main excuse for entirely ignoring the social context in which Title VII was enacted is that the meaning of Title VII’s prohibition of discrimination because of sex is


text: Page:Poems Osgood.djvu/33

title: Page:Poems Osgood.djvu/33


text:
Page:Bostock v. Clayton County (2020).pdf/73

36 clear, and therefore it simply does not matter whether people in 1964 were “smart enough to realize” what its language means. Hively, 853 F. 3d, at 357 (Posner, J., concurring). According to the Court, an argument that looks to the societal norms of those times represents an impermissible attempt to displace the statutory language. Ante, at 25–26.

The Court’s argument rests on a false premise. As already explained at length, the text of Title VII does not prohibit discrimination because of sexual orientation or gender identity. And what the public thought about those issues in 1964 is relevant and important, not because it provides a ground for departing from the statutory text, but because it helps to explain what the text was understood to mean when adopted.

In arguing that we must put out of our minds what we know about the time when Title VII was enacted, the Court relies on Justice Scalia’s opinion for the Court in Oncale v. Sundowner Offshore Services, Inc., 523 U. S. 75 (1998). But Oncale is nothing like these cases, and no one should be taken in by the majority’s effort to enlist Justice Scalia in its updating project.

The Court’s unanimous decision in Oncale was thoroughly unremarkable. The Court held that a male employee who alleged that he had been sexually harassed at work by other men stated a claim under Title VII. Although the impetus for Title VII’s prohibition of sex discrimination was to protect women, anybody reading its terms would immediately appreciate that it applies equally to both sexes, and by the time Oncale reached the Court, our precedent already established that sexual harassment may constitute sex discrimination within the meaning of Title VII. See Meritor Savings Bank, FSB v. Vinson, 477 U. S. 57 (1986). Given these premises, syllogistic reasoning dictated the holding.


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Rh What today’s decision latches onto are Oncale’s comments about whether male-on-male sexual harassment was on Congress’s mind when it enacted Title VII. Ante, at 28 (quoting 523 U. S., at 79). The Court in Oncale observed that this specific type of behavior “was assuredly not the principal evil Congress was concerned with when it enacted Title VII,” but it found that immaterial because “statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.” 523 U. S., at 79 (emphasis added).

It takes considerable audacity to read these comments as committing the Court to a position on deep philosophical questions about the meaning of language and their implications for the interpretation of legal rules. These comments are better understood as stating mundane and uncontroversial truths. Who would argue that a statute applies only to the “principal evils” and not lesser evils that fall within the plain scope of its terms? Would even the most ardent “purposivists” and fans of legislative history contend that congressional intent is restricted to Congress’s “principal concerns”?

Properly understood, Oncale does not provide the slightest support for what the Court has done today. For one thing, it would be a wild understatement to say that discrimination because of sexual orientation and transgender status was not the “principal evil” on Congress’s mind in 1964. Whether we like to admit it now or not, in the thinking of Congress and the public at that time, such discrimination would not have been evil at all.

But the more important difference between these cases and Oncale is that here the interpretation that the Court adopts does not fall within the ordinary meaning of the statutory text as it would have been understood in 1964. To


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Rh and the schoolmaster were alike hostile to him; if the children of the land-grabber (scab) entered school all other children rose and left; if the land-grabber or his landlord attended Mass everyone else at Mass walked out in a body. They found it hard to get anyone to serve them or feed them in health, to attend them in sickness, or to bury those dear to them in death. It was this relentless and implacable war upon the land-owning class and traitors among the tenant class which gave the word “boycott” to the English language through its enforcement against an Irish landowner, Captain Boycott. It was often horrible, it was always ugly in appearance to the superficial observer, but it was marvelously effective. It put courage and hope and manhood into a class long reckoned as the most enslaved in Europe. It broke the back of the personal despotism of the Irish landlord and so crippled his social and economic power that Irish landed estates from being a favorite form of investment for the financial interests sank to such a position that even the most reckless moneylender would for a time scarce accept a mortgage upon them. That it failed of attaining real economic freedom for the Irish people was due not to any defect in its method of fighting, but rather to the fact that economic questions are not susceptible of being settled within the restricted radius of any one small nation, but are acted upon by influences world-wide in their character.

But how great a lesson for the American worker is to be found in this record of a class struggle in Ireland! The American worker was never yet so low in the social and political scale as the Irish tenant. Yet the Irish tenant rose and by sheer force of his unity


text: Template:Versions/testcases

title: Template:Versions/testcases


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42 on the economic field shattered the power of his master, whilst the American worker remaining divided upon the economic field sinks day by day lower toward serfdom. The Irish tenant had to contend against the overwhelming power of a foreign empire backing up the economic power of a native tyranny, yet he conquered, whilst the American worker able to become the political sovereign of the country remains the sport of the political factions of his masters and the slave of their social power.

The Irish tenant uniting on the economic field felt his strength, and, carrying the fight into politics, simply swept into oblivion every individual or party that refused to serve his class interests, but the American toilers remain divided on the economic field, and hence are divided and impotent upon the political, zealous servants of every interest but their own.

Need I point the moral more? Every one who has the interests of the working class at heart, every one who wishes to see the Socialist Party command the allegiance of the political hosts of labor, should strive to realize industrial union as the solid foundation upon which along the political unity of the workers can be built up and directed toward a revolutionary end. To this end all those who work for industrial unionism are truly co-operating even when they least care for political activities.

“Political institutions are not adapted to the administration of industry. Only industrial organizations are adapted to the ad-


text:
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288* Non–Violence, PACIFISM,

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Peter Chelc̄icky̍, CHELC̄ICKY̍,

Peter Lombard, ,

Peter Payne,, ,

Peter St.,, , ,

Penal System,, –,

Pilate,, ,

Pisek,, , ,

Pius II, ,

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(the Church), tears the net,, , , , ; , , , , ,

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Poverty,, , ,

Prague,, , , , Four Articles of, , University, , , , ,

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Proletariat,, ,

Propaganda,, ,

Property, POSSESSIONS,

, ,

Pseudo–Isidorian Decretals, ,

Quakers, ,

Ran̄kov, Adalbert, ,

Revolution, ,

Rehoboam, ,

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title: Page:The Net of Faith.pdf/783


text:
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Rh ministration of a co-operative commonwealth that we are working for. Only the industrial form of organization offers us even a theoretical constructive socialist program. There is no constructive socialism except in the industrial field.”

The above extract from the speech of a delegate to the National Convention of the Socialist Party, Delegate Stirton, Editor of the “Wage Slave,” of Hancock, Michigan, so well embodies my ideas upon this matter that I have thought well to take them as a text for an article in explanation of the structural form of Socialist Society. In a previous chapter I have analyzed the weakness of the craft or trade union form of organization alike as a weapon of defense against the capitalist class in the everyday conflicts on the economic field, and as a generator of class consciousness on the political field, and pointed out the greater effectiveness for both purposes of an industrial form of organization. In the present article I desire to show how they who are engaged in building up industrial organizations for the practical purposes of to-day are at the same time preparing the framework of the society of the future. It is the realization of that fact that indeed marks the emergence of Socialism as a revolutionary force from the critical to the positive stage. Time was when Socialists, if asked how society would be organized under Socialism replied invariably, and airily, that such things would be left to the future to decide. The fact was that they had not considered the matter, but the development of the Trust and Organized Capital in general, making imperative the Industrial Organizations of Labor on similar lines has provided us with an answer at once more complete to ourselves and more satisfying to our questioners.


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44 Now to analyze briefly the logical consequences of the position embodied in the above quotation.

“Political institutions are not adapted to the administration of industry.”

Here is a statement that no Socialist with a clear knowledge of the essentials of his doctrine can dispute. The political institutions of to-day are simply the coercive forces of capitalist society, they have grown up out of and are based upon territorial divisions of power in the hands of the ruling class in past ages, and were carried over into capitalist society to suit the needs of the capitalist class when that class overthrew the dominion of its predecessors. The delegation of the function of government into the hands of representatives elected from certain districts, states, or territories represents no real natural division suited to the requirements of modern society but is a survival from a tie when territorial influences were more potent in the world than industrial influences, and for that reason is totally unsuited to the needs of the new social order which must be based upon industry. The Socialist thinker when he paints the structural form of the new social order does not imagine an industrial system directed or ruled by a body of men or women elected from an indiscriminate mass of residents within given districts, said residents working at a heterogenous collection of trades and industries. To give the ruling, controlling and directing of industry into the hands of such a body would be too utterly foolish. What the Socialist does realize is that under a Social Democratic form of Society the administration of affairs will be in the hands of representatives of the various industries of the nation; that the workers in the shops and fac-


text: Sea Spray and Smoke Drift/From Lightning and Tempest


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Rh tories will organize themselves into unions, each union comprising all the workers at a given industry, that said union will democratically control the workshop life of its own industry, electing all foremen, etc., and regulating the routine of labor in that industry in subordination to the needs of society in general, to the needs of its allied trades and to the department of industry to which it belongs. The representatives elected from these various departments of industry will meet and form the industrial administration or national government of the country. In short, Social-Democracy, as its name implies, is the application to industry, or to the Social life of the nation, of the fundamental principles of democracy. Such application will necessarily have to begin in the workshop, and proceed logically and consecutively upward through all the grades of industrial organization until it reaches the culminating point of national executive power and direction. In other words Social Democracy must proceed from the bottom upward, whereas capitalist political society is organized from above downward; Social Democracy will administered by a committee of experts elected from the industries and professions of the land; capitalist society is governed by representatives elected from districts, and is based upon territorial division. The local and national governing or rather administrative bodies of Socialism will approach every question with impartial minds armed with the fullest expert knowledge born of experience; the governing bodies of capitalist society have to call in an expensive professional expert to instruct them on every technical question, and know the impartiality of said expert varies with and depends upon the size of his fee.


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 to be swung out. He had ordered all bulkhead doors to be closed except such as were required to be kept open in order to work the ship. These orders had been carried out. The portholes were also closed. The lookout on the ship was doubled—two men being sent to the crow's nest and two to the eyes of the ship. Two officers were on the bridge and a quartermaster was on either side with instructions to look out for submarines. Orders were also sent to the engine-room between noon and two of the 7th to keep the steam pressure very high in case of emergency and to give the vessel all possible speed if the telephone from the bridge should ring.

Up to 8 on the morning of the 7th the speed on the voyage had been maintained at 21 knots. At 8 the speed was reduced to 18 knots. The object of this reduction was to secure the ship's arrival out-


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 side the bar at Liverpool at about 4 o'clock on the morning of the 8th, when the tide would serve to enable her to cross the bar into the Mersey at early dawn. Shortly after this alteration of the speed a fog came on and the speed was further reduced for a time to 15 knots. A little before noon the fog lifted and the speed was restored to 18 knots, from which it was never subsequently changed. At this time land was sighted about two points abaft the beam, which the Captain took to be Brow Head; he could not, however, identify it with sufficient certainty to enable him to fix the position of his ship upon the chart. He therefore kept his ship on her course, which was S. 87 E. and about parallel with the land until 12:40, when, in order to make a better landfall he altered his course to N. 67 E. This brought him closer to the land, and he sighted the Old Head of Kinsale. He then (at 1:40


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 ) altered his course back to S. 87° E., and having steadied his ship on that course began (at 1:50) to take a four-point bearing. This operation, which I am advised would occupy 30 or 40 minutes, was in process at the time when the ship was torpedoed, as hereafter described.

At 2 the passengers were finishing their mid-day meal.

At 2:10, when ten to fifteen miles off the Old Head of Kinsale, the weather being then clear and the sea smooth, the Captain, who was on the port side of the lower bridge, heard the call, "There is a torpedo coming, sir," given by the second officer. He looked to starboard and then saw a streak of foam in the wake of a torpedo travelling towards his ship. Immediately afterwards the "Lusitania" was struck on the starboard side somewhere between the third and fourth funnels. The blow broke number 5 life-boat to splinters.


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 A second torpedo was fired immediately afterwards, which also struck the ship on the starboard side. The two torpedoes struck the ship almost simultaneously.

Both these torpedoes were discharged by a German submarine from a distance variously estimated at from two to five hundred yards. No warning of any kind was given. It is also in evidence that shortly afterwards a torpedo from another submarine was fired on the port side of the "Lusitania." This torpedo did not strike the ship, and the circumstance is only mentioned for the purpose of showing that perhaps more than one submarine was taking part in the attack.

The "Lusitania" on being struck took a heavy list to starboard and in less than twenty minutes she sank in deep water. Eleven hundred and ninety-eight men, women, and children were drowned.


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46 It will be seen that this conception of Socialism destroys at one blow all the fears of a bureaucratic state, ruling and ordering the lives of every individual from above, and thus gives assurance that the social order of the future will be an extension of the freedom of the individual, and not a suppression of it. In short it blends the fullest democratic control with the most absolute expert supervision, something unthinkable of any society built upon the political state, To focus the idea properly in your mind you have but to realize how industry to-day transcends all limitations of territory and leaps across rivers, mountains and continents, then you can understand how impossible it would be to apply such far reaching intricate enterprises the principle of democratic control by the workers through the medium of political territorial divisions.

Under Socialism states, territories or provinces will exist only as geographical expressions, and have no existence as sources of governmental power, though they may be seats of administrative bodies.

Now having grasped the idea that the administrative force of the Socialist Republic of the future will function through unions industrially organized, that the principle of democratic control will operate through the workers correctly organized in such Industrial Unions, and that the political, territorial state of capitalist society will have no place or function under Socialism, you will at once grasp the full truth of the Socialist Party whom I have just quoted, that “only the industrial form of organization offers us even a theoretical constructive Socialist program.”

To some minds constructive Socialism is embodied


text: The Battle of the Books; with selections from the literature of the Phalaris controversy/Appendix 5


text: The Lusitania's Last Voyage/The Zone

title: The Lusitania's Last Voyage/The Zone


text: The Lusitania's Last Voyage/Part 1

title: The Lusitania's Last Voyage/Part 1


text: The Battle of the Books; with selections from the literature of the Phalaris controversy/Appendix 6


text: The Lusitania's Last Voyage/Part 2

title: The Lusitania's Last Voyage/Part 2


text: The Lusitania's Last Voyage/Part 3

title: The Lusitania's Last Voyage/Part 3


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244 some others on the floe, then lowered the sledges packed; three men, including Crean and myself, slid down last on the Alpine rope—doubled and taken round an ash stave, so that we were able to unreeve the end and recover the rope—we recovered also most of the old Alpine rope, all except a piece buried in snow on the sea ice and dragged down under the slush, just like the Discovery boats; I could not have supposed this could happen in so short a time.$17$

By the time all stores were on the floe, with swirling drift about us, everyone was really badly cold—one of those moments for quick action. We harnessed and dashed for the shelter of the cliffs; up tents, and hot tea as quick as possible; after this and some shift of foot gear all were much better. Heavy plod over the sea ice, starting at 4.30—very bad light on the glacier, and we lost our way as usual, stumbling into many crevasses, but finally descended in the old place; by this time sweating much. Crean reported our sledge pulling much more heavily than the other one. Marched on to Little Razor Back Island without halt, our own sledge dragging fearfully. Crean said there was great difference in the sledges, though loads were equal. Bowers politely assented when I voiced this sentiment, but I'm sure he and his party thought it the plea of tired men. However, there was nothing like proof, and he readily assented to change sledges. The difference was really extraordinary; we felt the new sledge a featherweight compared with the old, and set up a great pace for the home quarters regardless of how much we perspired. We arrived at the hut (two miles away)


text: The Lusitania's Last Voyage/Part 4

title: The Lusitania's Last Voyage/Part 4


text:
Author:Robert Pickering Ashe

Works

 * Chronicles of Uganda

title: Author:Robert Pickering Ashe


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 Sir Edward Carson, when opening the case, described the course adopted by the German Government in directing this attack as "contrary to International Law and the usages of war," and as constituting, according to the law of all civilized countries, "a deliberate attempt to murder the passengers on board the ship." This statement is, in my opinion, true, and it is made in language not a whit too strong for the occasion. The defenceless creatures on board, made up of harmless men and women, and of helpless children, were done to death by the crew of the German submarine acting under the directions of the officials of the German Government. In the questions submitted to me by the Board of Trade I am asked, "What was the cause of the loss of life?" The answer is plain. The effective cause of the loss of life was the attack made against the ship by those on board the submarine. It was a


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 murderous attack because made with a deliberate and wholly unjustifiable intention of killing the people on board. German authorities on the laws of war at sea themselves establish beyond all doubt that though in some cases the destruction of an enemy trader may be permissible there is always an obligation first to secure the safety of the lives of those on board. The guilt of the persons concerned in the present case is confirmed by the vain excuses which have been put forward on their behalf by the German Government as before mentioned.

One witness, who described himself as a French subject from the vicinity of Switzerland, and who was in the second-class dining-room in the after part of the ship at the time of the explosion, stated that the nature of the explosion was "similar to the rattling of a maxim gun for a short period," and suggested that this noise disclosed the "secret"


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 existence of some ammunition. The sound, he said, came from underneath the whole floor. I did not believe this gentleman. His demeanour was very unsatisfactory. There was no confirmation of his story, and it appeared that he had threatened the Cunard Company that if they did not make him some immediate allowance on account of a claim which he was putting forward for compensation, he would have the unpleasant duty of making his claim in public, and, in so doing, of producing "evidence which will not be to the credit either of your Company or of the Admiralty." The Company had not complied with his request.

It may be worth while noting that Leith, the Marconi operator, was also in the second-class dining-saloon at the time of the explosion. He speaks of but one explosion. In my opinion there was no explosion of any part of the cargo.


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The Captain was on the bridge at the tune his ship was struck, and he remained there giving orders until the ship foundered. His first order was to lower all boats to the rail. This order was obeyed as far as it possibly could be. He then called out, "Women and children first." The order was then given to hard-a-starboard the helm with a view to heading towards the land, and orders were telegraphed to the engine-room. The orders given to the engine-room are difficult to follow and there is obvious confusion about them. It is not, however, important to consider them, for the engines were put out of commission almost at once by the inrush of water and ceased working, and the lights in the engine-room were blown out.

Leith, the Marconi operator, immediately


text: Author:John Randall

title: Author:John Randall


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 sent out an S. O. S. signal, and, later on, another message, "Come at once, big list, 10 miles south Head Old Kinsale." These messages were repeated continuously and were acknowledged. At first, the messages were sent out by the power supplied from the ship's dynamo; but in three or four minutes this power gave out, and the messages were sent out by means of the emergency apparatus in the wireless cabin.

All the collapsible boats were loosened from their lashings and freed so that they could float when the ship sank.

Complaints were made by some of the witnesses about the manner in which the boats were launched and about their leaky condition when in the water. I do not question the good faith of these witnesses, but I think their complaints were ill-founded.


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 Three difficulties presented themselves in connection with the launching of the boats. First, the time was very short: only twenty minutes elapsed between the first alarm and the sinking of the ship. Secondly, the ship was under way the whole time: the engines were put out of commission almost at once, so that the way could not be taken off. Thirdly, the ship instantly took a great list to starboard, which made it impossible to launch the port side boats properly and rendered it very difficult for the passengers to get into the starboard boats. The port side boats were thrown inboard and the starboard boats inconveniently far outboard.

In addition to these difficulties there were the well-meant but probably disastrous attempts of the frightened passengers to assist in the launching operations. Attempts were made by the passengers to push some of the boats on the port side off the ship and to


text:
Index talk:Margaret Mead - Coming of age in Samoa; a psychological study of primitive youth for western civilisation.pdf

Later edition
There is a later edition at Index:Coming of age in Samoa.pdf - that may be useful if there is anything unclear here. -- Beardo (talk) 22:22, 23 February 2024 (UTC)


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 get them to the water. Some of these boats caught on the rail, and capsized. One or two did, however, reach the water, but I am satisfied that they were seriously damaged in the operation. They were lowered a distance of 60 feet or more with people in them, and must have been fouling the side of the ship the whole time. In one case the stern post was wrenched away. The result was that these boats leaked when they reached the water. Captain Anderson was superintending the launching operations, and, in my opinion, did the best that could be done in the circumstances. Many boats were lowered on the starboard side, and there is no satisfactory evidence that any of them leaked.

There were doubtless some accidents in the handling of the ropes, but it is impossible to impute negligence or incompetence in connection with them.


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 The conclusion at which I arrive is that the boats were in good order at the moment of the explosion and that the launching was carried out as well as the short time, the moving ship and the serious list would allow.

Both the Captain and Mr. Jones, the First Officer, in their evidence state that everything was done that was possible to get the boats out and to save lives, and this I believe to be true.

At the request of the Attorney-General part of the evidence in the Enquiry was taken in camera. This course was adopted in the public interest. The evidence in question dealt, firstly, with certain advice given by the Admiralty to navigators generally with reference to precautions to be taken for the purpose of avoiding submarine attacks; and secondly, with information fur-


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 nished by the Admiralty to Captain Turner individually of submarine dangers likely to be encountered by him in the voyage of the "Lusitania." It would defeat the object which the Attorney-General had hi view if I were to discuss these matters in detail in my report; and I do not propose to do so. But it was made abundantly plain to me that the Admiralty had devoted the most anxious care and thought to the questions arising out of the submarine peril, and that they had diligently collected all available information likely to affect the voyage of the "Lusitania" in this connection. I do not know who the officials were to whom these duties were entrusted, but they deserve the highest praise for the way in which they did their work.

Captain Turner was fully advised as to the means which in the view of the Admiralty were best calculated to avert the perils he was likely to encounter, and in considering


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 the question whether he is to blame for the catastrophe in which his voyage ended I have to bear this circumstance in mind. It is certain that in some respects Captain Turner did not follow the advice given to him. It may be (though I seriously doubt it) that had he done so his ship would have reached Liverpool in safety. But the question remains, was his conduct the conduct of a negligent or of an incompetent man. On this question I have sought the guidance of my assessors, who have rendered me invaluable assistance, and the conclusion at which I have arrived is that blame ought not to be imputed to the Captain. The advice given to him, although meant for his most serious and careful consideration, was not intended to deprive him of the right to exercise his skilled judgment in the difficult questions that might arise from time to time in the navigation of his ship. His omission


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 to follow the advice in all respects cannot fairly be attributed either to negligence or incompetence.

He exercised his judgment for the best. It was the judgment of a skilled and experienced man, and although others might have acted differently and perhaps more successfully, he ought not, in my opinion, to be blamed.

The whole blame for the cruel destruction of life in this catastrophe must rest solely with those who plotted and with those who committed the crime.

The above is called the "Annex" to the "Finding of the Court." This latter I do not reprint for it consists only of 21 questions, the answers to which are found in the "Annex."

A notice in "The Daily Telegraph" (London) of May 12, announced that


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 "The Board of Trade have ordered a formal investigation into the circumstances attending the loss of the S.S. 'Lusitania,' and they desire to invite passengers of the 'Lusitania' who now are, or will shortly be in or near London, and who are able to supply evidence likely to be of value for the Inquiry, to communicate at once, either personally or by letter or telegram, to the Solicitor of the Board of Trade, at the Hotel Metropole, Northumberland Avenue, Charing-Cross, W. C.; with a view to statements being taken from them at the said address, be- tween the hours of eleven and six  during the week commencing Wednesday, the 12th instant, and ending, and including, Tuesday the 18th instant.

"The Inquiry will be conducted by the Law Officers, who may be relied upon to see that all material points consistent with the public interest will be dealt with."


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 I know that some passengers did appear and did make official statements which they signed. Others laid evidence informally before the Solicitor, and while they did not sign statements, they were in London during the Official Inquiry and could have been summoned and would have testified.

The following testimony, for example, was informally offered: that the portholes were open, that the discipline of the officers and crew was not what it should have been, that the collapsible boats were not fitted with oars and were not in proper working condition, etc. None of this evidence seems to have been desired by his Lordship and his Assessors, or at least there is nothing to show that it was ever laid before them.

I do not question the sincerity of the findings of Lord Mersey's Court, based on the evidence placed before it; but what became of this informal evidence, as quoted


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 above, and much more that was laid before the Solicitor of the Board of Trade?

The Court finds that "the portholes were closed." On what and on whose evidence? The above statement can hardly be made on the evidence of the Captain; for when he testified before the Coroner of Kinsale, in reply to the question, "What precautions did you take in connection with these threats?" (referring to the Notice from the German Imperial Embassy which appeared in the New York papers of May 1), he stated that "I had all the boats swung out and the bulkhead doors closed when we came within the danger zone." ("The Daily Telegraph," May 11.)

The Captain had the lifeboats swung out Thursday morning, twenty-four hours before the disaster, but I know of no evidence that shows that he ever ordered the portholes closed. If he had, it is fair to presume he


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 would have mentioned it when he testified that he had ordered the bulkhead doors closed.

There is evidence that at least two life-boats, each containing about fifty people, were dropped when almost 20 feet from the water. A survivor of one of these boats told me that the man for'ard, who had charge of the rope, simply let it run out through his hands. He was not one of the "frightened passengers" but one of the crew. It seems to me quite possible in this instance "to impute negligence" and "incompetence in connection with them" (the ropes).

In another part of the report Lord Mersey states that "no doubt there were mishaps in handling the ropes of the boats and in other such matters, but there was, in my opinion, no incompetence or neglect, and I am satisfied that the crew behaved well throughout, and worked with skill and judgment."


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 Just above this in the report one reads: "That, since the commencement of the war, the Cunard Company has lost all its Royal Reserve and Fleet Reserve men, and the managers have had to take on the best men they could get and to train them as well as might be in the time at their disposal." Is it likely that any officer could take untrained men and in a few weeks, or even months, make such efficient seamen of them that they could, in a disaster of this magnitude, work "with skill and judgment"? I do not believe it could be done.

As one of the passengers who was moving around the deck and saw the heroic efforts made by his fellow passengers to achieve that which the crew utterly failed to accomplish, I resent, with every spark of manhood that is in me, the finding of Lord Mersey's Court when he says that "Probably (the) disastrous attempts of the frightened passengers


text: Author:Georg Joseph

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 to assist in the launching operations" added to the "difficulties" the officers and crew found in trying to lower the boats.

I would suggest adding to the "difficulties" mentioned above the following: lack of discipline among the crew and the lack of expert knowledge as to the handling of the boats, knowledge that can come only to the well-trained crew.

He says of this wonderful crew that "many more than half of them lost their lives." I suppose that is because the other half "worked with skill and judgment."

It would seem that Lord Mersey measures "skill and judgment" by the number that were lost; and if so, why doesn't he pass the same relative judgment on the passengers who lost their lives? He mentions figures, but here are the totals: There were 1,257 passengers and 472 were saved. To have been consistent, he should have written


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 after the paragraph, "In addition to these difficulties there were the well-meant but probably disastrous attempts of the frightened passengers to assist in the launching operations," the following: "Many more than half their number lost their lives." From what, pray? Because they were "frightened," or because the crew acted with "skill and judgment"?

It doesn't seem to me that this Court of Inquiry has stood up to its business like the historic Briton who isn't afraid to take his medicine, and place blame where it should be placed; rather, it has hidden behind the act itself, which it finds "was done not merely with the intention of sinking the ship, but also with the intention of destroying the lives of the people aboard."

So for the Captain, the Court finds that he acted with "the judgment of a skilled and experienced man, and … ought not …


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 to be blamed"; for the Crew and Officers, that their "conduct … was satisfactory. They did their best … and their best was good"; for the Cunard Line, that the "reduction of the steamer's speed was of no significance and was proper in the circumstances." And what does this honorable Court find for the passengers who entrusted their lives to the judgment of the Captain and those under him? To wit, that "some of the passengers attempted to assist in launching the boats … and did more harm than good," and that "the frightened passengers (made) probably disastrous attempts to assist in the launching operations."


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Jersey Journal/1957/Rev. T. Clark, 48 Years in Ministry

Rev. T. Clark, 48 Years in Ministry. Rev. Thomas J. Clark, 79, who served as pastor of several Hudson County Methodist congregations during 48 years as a minister, died yesterday at Bergen Pines Hospital, Paramus. His wife, Daisy, died August 13. Rev. Mr. Clark, born in Paterson, was a graduate of Wesleyan University and Drew Theological Seminary. Prior to his retirement several years ago, he served as pastor of various congregations in this state and New York, including the Browne Memorial and Summit Avenue Methodist Churches, Jersey City, and the Forty-Sixth Street Methodist Church, Bayonne. His last pastorate, was at the Midland Park Methodist Church. He was a member of the Fall City Masonic Lodge and the Junior Order of United American Mechanics. The Halsey Funeral Home Westwood, is in charge of arrangements.


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Author:John Charles Bigham

Works

 * (ed.) Lee's Laws of British Shipping and Marine Insurance
 * Report on the Loss of the "Titanic" (s.s.) (1912)
 * Report of Commission of Inquiry into The Casualty to the British Steamship "Empress of Ireland" (1914)
 * Report on the Loss of the "Falaba" (s.s.) (1915)
 * Report on the Loss of the "Lusitania" (s.s.) (1915)

title: Author:John Charles Bigham


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OU want to know why I took the job at the cemetery, Judge? I took it for two reasons: I was hungry, and I was cold.

Picture a man with a summer suit on, a man who had walked sixty kilometers, from a town where he had been unable to find any sort of work, to a town that was his last hope. Imagine him living on frozen carrots smelling of manure and hard green apples picked up off the ground in an abandoned orchard. Imagine him soaked in an October rain, numb from the gusts of north wind, and you will have an idea of the sort of fellow I was when I got into the suburbs of that horrible town.

I sneaked into the first building I came to. It happened to be the Tavern of the Two Plovers. The kind-hearted innkeeper gave me a cup of hot coffee, a slice of bread and a pickled herring, and


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 'And what did he tell you?'

'Several spiritual lies instead, I thought. He told me, hearing me quote Schiller, to beware of the Germans, for they were all Pantheists at heart. I asked him whether he included Lange and Bunsen, and it appeared that he had never read a German book in his life. He then flew furiously at Mr. Carlyle, and I found that all he knew of him was from a certain review in the Quarterly. He called Boëhmen a theosophic Atheist. I should have burst out at that, had I not read the very words in a High Church review the day before, and hoped that he was not aware of the impudent falsehood which he was retailing. Whenever I feebly interposed an objection to anything he said (for, after all, he talked on), he told me to hear the Catholic Church. I asked him which Catholic Church? He said the English. I asked him whether it was to be the Church of the sixth century, or the thirteenth, or the seventeenth, or the eighteenth? He told me the one and eternal Church, which belonged as much to the nineteenth century as to the first. I begged to know whether, then, I was to hear the Church according to Simeon, or according to Newman, or according to St. Paul; for they seemed to me a little at variance? He told me, austerely enough, that the mind of the Church was embodied in her Liturgy and Articles. To which I answered, that the mind of the episcopal clergy might, perhaps, be; but, then, how happened it that they were always quarrelling and calling hard names about the sense of those very documents? And so I


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 when I spoke about the shape I was in, he told me that one of the cemetery keepers at Saint-Guitton had just left and that they were looking for somebody to take his place.

I saw no reason why I should be afraid of the corpses. It was the living that had made my life a burden for me. So I was perfectly happy when the two keepers in charge, who seemed to have entire control of the cemetery, accepted me.

They fitted me out with a suit of warm clothes, and they gave me a feed. Ah, what a feed that was! Great slices of red roast, a meat-pie dripping juice, a stack of golden pancakes

The cemetery of Saint-Guitton is an immense necropolis where no one has been buried for twenty years. The headstones are dilapidated and the inscriptions on them are eaten by lichens and rain. There are monuments that have fallen in ruins. There are others that have sunk into the ground and are half out of sight. There is a sort of faded brush growing all over the paths, and the burial lots themselves are a jungle.

The city is poor, and when they opened the new Western Cemetery they conceived a plan for cutting the old one up into building-sites for factories and that sort of thing.

But the manufacturers were not interested. They had no doubt heard some of the stories that the people who live out that way tell each other when they sit in front of their coke fires and listen to the wind as it whines in the yew-trees over in Saint-Guitton—stories that would make your hair stand on end.

Eight years ago, something happened.

The wealthy Duchess Opoltchenska—Russian or Bulgarian, she was—made an offer to the city to buy the abandoned cemetery for a fantastic price, on condition that she could build a mausoleum for herself there and that she should be the last person who should ever be buried there. She explained her plan for having the cemetery guarded night and day by three keepers. Two of them were to be two of her old servants; the third would be employed and supervised by these two.

The city was poor, as I said, and the officials jumped at the chance. A little army of workmen were put on the job at once, and built in the farthest corner from the road a great tomb that looked like a palace. The cemetery wall was built up to three times its former height, and was topped with iron spikes.

mausoleum was scarcely more than finished in time to receive the body of the Duchess. Nobody thought of the arrangement as anything but the harmless fancy of an old woman with money. It was reported that she had jewelry of enormous value buried with her, and it all looked like a careful plan to keep the grave-robbers away.

Now for my part in it all:

The two keepers were very good to me. They were two big fellows, built like two bulldogs. But they must have had good hearts, for I could see how delighted they were at my robust appetite, and surely a couple of men who grin when a poor hobo takes his food well must be a good-natured sort.

When I went to work, I had to take an oath to keep certain rules strictly. I was never to leave the cemetery during the year of service I had signed up for; I was to have no dealings writh the outside; and I was never to go near the Duchess's mausoleum.

Velitcho, whose special business was to guard that corner of the cemetery, informed me that his instructions were to shoot at anybody who came in the neighborhood of the tomb. When he told me


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 left him, assuring him that, living in the nineteenth century, I wanted to hear the Church of the nineteenth century, and no other; and should be most happy to listen to her, as soon as she had made up her mind what to say.'

Argemone was angry and disappointed. She felt she could not cope with Lancelot's quaint logic, which, however unsound, cut deeper into questions than she had yet looked for herself. Somehow, too, she was tongue-tied before him just when she wanted to be most eloquent in behalf of her principles; and that fretted her still more. But his manner puzzled her most of all. First he would run on with his face turned away, as if soliloquising out into the air, and then suddenly look round at her with most fascinating humility; and then, in a moment, a dark shade would pass over his countenance, and he would look like one possessed, and his lips wreathe in a sinister artificial smile, and his wild eyes glare through and through her with such cunning understanding of himself and her, that, for the first time in her life, she quailed and felt frightened, as if in the power of a madman. She turned hastily away to shake off the spell.

He sprung after her, almost on his knees, and looked up into her beautiful face with an imploring cry.

'What, do you too, throw me off? Will you too, treat the poor wild uneducated sportsman as a Pariah and an outcast, because he is not ashamed to be a man?—because he cannot stuff his soul's hunger with cut-and-dried hearsays, but dares to think


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Rh passage, as recorded by Dr. Eitel. In 1873, when the value of the notes in circulation had reached three and a quarter million dollars, “the Governor (Sir A. E. Kennedy) received an intimation that the Lords Commissioners of Her Majesty's Treasury disapproved of the issue of one dollar notes on the ground that the notes would be largely in the hands of the poorest Chinese, who might be even more subject to panics than the mercantile classes. The Governor was instructed to order the withdrawal of these notes unless serious public inconvenience should result from such a course. When the Governor accordingly called upon the bank (February, 1874) to show cause why the one dollar notes should not be called in, the whole community took up the matter, and a numerously signed memorial, supported by a special resolution of the Chamber of Commerce, was forwarded to Her Majesty's Government (March, 1874) in favour of the retention of these one dollar notes.”

The Hongkong and Shanghai Bank is authorised, in accordance with its Ordinance of Incorporation, to issue up to 10,000,000 dollars’ worth of bank-notes, including notes issued in Hongkong as well as by any of its agencies in any part of the world. Beyond that the Corporation may issue notes to any extent, provided that the actual bullion is deposited previously in the joint custody of the Colonial Secretary and the Colonial Treasurer. The Chartered Bank of India, Australia, and China, is the only other bank in Hongkong authorised to issue notes by charter from the Home Government. Their limit for the Colony of Hongkong under the charter is 4,000,000 dollars’ worth. At the same time if they deposit, dollar for dollar, bullion value, they also may issue in excess of that amount. In 1895 the National Bank of China began to issue notes, unauthorised by the Government either by ordinance or charter, and the result of this was the passing, at a special sitting of the Legislative Council, of Ordinance No. 2 of 1895, prohibiting the issue of notes in the Colony except by permission, but allowing the circulation of any notes actually in circulation before March 20, 1895, a schedule of which had to be supplied to the Colonial Treasurer on application. The National Bank has, therefore, 450,000 dollars’ worth of notes in circulation, though these notes are not recognised by the Hongkong Government.

Two big bank robberies are recorded in the earlier annals. In July, 1862, a huge fraud was perpetrated upon the Chartered Mercantile Bank by an Indian merchant, who, with the assistance of an Englishman in charge of the opium stored in the receiving-ship Tropic, forged opium certificates to a total of $2,000,000. In 1864 and 1865 there was great activity on the part of certain ingenious Chinese burglars who came to be known as “drain gangs.” The godowns of Smith, Archer & Co., and the jewellery store of Douglas Lapraik were raided in 1864, and, emboldened by these successes, a masterstroke was planned early in the following year. The story cannot be better narrated than in the words of Mr. Norton-Kyshe, in his “History of the Laws and Courts of Hongkong.” He writes: “A serious bank robbery took place between the evening of Saturday the 4th and the morning of Monday the 6th of February, when the Central Bank of Western India was robbed of $115,000 in notes, gold, and silver, by thieves who entered the bank’s treasury vaults from the drains. The principal labour seems to have been that of tunnelling a passage of twenty yards from an adjacent drain to a spot exactly below the treasury vault. A perpendicular shaft, ten feet in length, of sufficient diameter to allow the passage of one man, was next made, and this brought the borers to the granite boulders on which the floor of the vault rested. These naturally sank down as they were undermined, and nothing remained but to force up a slab, when ingress became free. Sixty-three thousand dollars in mixed notes were carried off, along with £11,000 in gold ingots marked with the stamp of the bank.” As far as could be ascertained, the gang consisted of nine men, of whom three only were brought up for trial—one being discharged, and the others being sentenced to four years penal servitude. They would be

smart thieves who could effect such a burglary at the present day !

Owing to the fluctuations of the dollar the Hongkong banks do an immense business in exchange quotations. A merchant who purchases in Canton goods for export to England, must have some firm basis upon which to make his calculations, otherwise, if pending delivery of the goods the dollar increase in value, the sterling remitted to him on the completion of the transaction will represent in the local currency something less than he anticipated. For example, if at the time of making the purchase the dollar stood at 2s., the merchant would have to pay $1,000 in Canton for silk which he agreed to sell in London for £100, plus, of course, his profit and the cost of freight, which may be ignored for the purpose of this illustration. On arrival of the goods in London six weeks or so later the dollar might have risen to 2s. 2d., which, in the ordinary way, would mean that when the £100 was cabled out to him he would receive only about $923. In order to guard against this, merchants arrange with their bankers for a fixed rate of exchange, and are thus guaranteed a specified number of dollars whatever may be the fluctuations of exchange. An importer of European goods for the Chinese market, adopts of course, a similar method of insuring himself against loss. The bank's quotations in such cases depend upon whether the dollar is considered likely to become cheaper or dearer.

In the European banks the whole of the Chinese business is controlled by a compradore, a Chinaman of considerable financial standing, who has to lodge a large sum of money with the bank as guarantee. The compradore acts as an intermediary between the bank and its Chinese clients. If a native bank or a substantial Chinese Government official or merchant wants a loan, the compradore, having satisfied himself as to the financial soundness of the applicant, negotiates with the manager of the bank for the required amount, and enters himself as surety for its repayment. In other respects the compradore has much the same functions as an ordinary general broker, buying and selling sterling bills, sovereigns,


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 the king from his grievous musings.

One afternoon, as he sat heavily in his hall of audience, there came to him a player of pipes who was clad in tattered homespun. The eyes of the man were bright as newly-stirred embers, and his face was burned to a cindery blackness, as if by the ardor of outland suns. Hailing Amero with small servility, he announced himself as a goatherd who had come to Shathair from a region of valleys and mountains lying sequestered beyond the bourn of sunset.

"O king, I know the melodies of oblivion," he said, "and I would play for you, though I desire not the reward you have offered. If haply I succeed in diverting you, I shall take my own guerdon in due time."

"Play, then," said Amero, feeling a faint interest rise within him at the bold speech of the piper.

Forthwith, on his pipes of reed, the black goatherd began a music that was like the falling and rippling of water in quiet vales, and the passing of wind over lonely hilltops. Subtly the pipes told of freedom and peace and forgetfulness lying beyond the sevenfold purple of outland horizons. Dulcetly they sang of a place where the years came not with an iron trampling, but were soft of tread as a zephyr shod with flower petals. There the world's turmoil and troubling were lost upon measureless leagues of silence, and the burdens of empire were blown away like thistle-down. There the goatherd, tending his flock on solitary fells, was possessed of tranquillity sweeter than the power of monarchs.

As he listened to the piper, a sorcery crept upon the mind of Amero. The weariness of kingship, the cares and perplexities, were as dream-bubbles lapsing in some Lethean tide. He beheld before him, in sun-bright verdure and stillness, the enchanted vales evoked by the music; and he himself was the goatherd, following grassy paths, or lying oblivious of the vulture hours by the margin of lulled waters.

Hardly he knew that the low piping had ceased. But the vision darkened, and he who had dreamt of a goatherd's peace was again a troubled king.

"Play on!" he cried to the black piper. "Name your own guerdon—and play."

The eyes of the goatherd burned like embers in a dark place at evening. "Not till the passing of ages and the falling of kingdoms shall I require of you my reward," he said enigmatically. "Howbeit, I shall play for you once more."

So, through the afternoon, King Amero was beguiled by that sorcerous piping which told ever of a far land of ease and forgetfulness. With each playing it seemed that the spell grew stronger upon him; and more and more was his royalty a hateful thing; and the very grandeur of his palace oppressed and stifled him. No longer could he endure the heavily jeweled yoke of duty; and madly he envied the carefree lot of the goatherd.

At twilight he dismissed the ministrants who attended him, and held speech alone with the piper.

"Lead me to this land of yours," he said, "where I too may dwell as a simple herder."

in mufti, so that his people might not recognize him, the king stole from the palace through an unguarded postern, accompanied by the piper. Night, like a formless monster with the crescent moon for its lowered horn, was crouching beyond the town; but in the streets the shadows were thrust back by a flaming of myriad cressets. Amero and his guide were unchallenged


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HAT is the real explanation of the mysterious monster—horned, cloven-footed, yet speaking with a human voice—which haunts the desolate recesses of Exmoor? The problem confronts Hugh Trenchard in a dramatic guise when he stumbles on Silas Marie lying stunned and helpless one misty night, and the subsequent disappearance of the old man's body only serves to deepen the mystery.

With the aid of a former fellow-student, Ronnie Brewster, Hugh determines to solve the mystery, and his resolution is strengthened when he learns that Silas Marie has bequeathed his entire fortune to him on that very condition. Accom- Rh


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subject of the following memoir was a little Indian girl, whose life's short history was rendered peculiarly interesting by circumstances of no common occurrence. Her father, Mr. John Jones, whose Indian name is Tyentenegen, is an Indian of the Oojebway nation, and brother to the Rev. Peter Jones, otherwise Kahkewaquonaby, known as a Missionary to many in this country as well as amongst his own people. The mother of Elizabeth, whose maiden name was Christiana Brant, was a grandaughter of the late famous Capt. Joseph Brant, a noted Chief and warrior of the Mohawk nation of Indians, who many years ago visited England, and niece of Mr. John Brant, also a Chief, who came over to this country about


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6 the year 1819 or 1820, and died of cholera in Canada, in the year 1832.

Mrs. John Jones was a woman of strong mind, fine understanding, and good judgment. She united to a most amiable disposition unassuming yet dignified manners; all who knew her loved and respected her. Her influence and example amongst her Indian neighbours was truly valuable. Her advantages having been greater than theirs, they looked up to her for advice and instruction; and whatever she did or said was sure, if possible, to be imitated and remembered by the women in the village.

Her house was the abode of peace and comfort; the Ministers and others who visited the Mission, were not only delighted with the hospitality and kindness manifested, but most of all with that beautiful influence of real religion which shed so sweet a lustre, and sanctified every other blessing, diffusing joy and happiness to all around.

In a newly-formed village, settled by Indians just emerging from the superstitions and long-rooted habits of their forefathers, persons accustomed from infancy to all the refinements of Christian and civilized life can hardly imagine how great the influence, and how valuable the example, of such a family. Living in the same house was Mrs. Lucy Brant, the pious mother of


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Rh Mrs. John Jones, who also displayed in her life and conversation those active Christian graces which emphatically made her a mother in this little Israel, where she spent the last few years of her life; and who can tell hut that in answer to the prayers and unfeigned faith that dwelt first in her grandmother Lucy, and in her mother Christiana, Elizabeth was made an early partaker of divine grace, and meetened, when in the bloom of health and loveliness, for a sudden translation to that better land, where little children, through the merits of a Saviour's blood, are welcomed with rapturous songs of praise? for "of such is the kingdom of heaven."

Among the inscrutable arrangements of divine providence is the removal of pious parents in the very midst of their important and interesting duties. When, as in the instance of Mrs. J. Jones, a wife is taken, whose quiet influence, winning endearments, and punctual habits made her so truly a helpmeet to her husband, and whose tender firmness and humble piety seemed so essential to the welfare of her children, while her consistent example and wise counsel were so valuable in her neighbourhood, we shrink, and say, How is it? But feeling must not be too clamorous for the voice to be heard, "Be still, and know that I am God."

The writer of this little history came into the


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 8 village of which Mrs. J. Jones was so distinguished an ornament, about two months before she was taken to a brighter sphere, and her duties, toils, and prayers exchanged for adoration and praise. At the period referred to she was enjoying her usual health, although an inflammatory disease in the throat was carrying off many of her friends and neighbours, and she was then clothed in the habiliments of mourning for her excellent mother, who had fallen a sacrifice to the fatal epidemic.

Shortly after these painful occurrences she became the mother of a little boy; but joy for the event was soon turned into sorrow. Every countenance wore the aspect of grief when it was known through the village that the much-loved Christiana was about to be taken from them. Being quite sensible of her danger, she committed her dear babe to the care of one who could nurse it, and seemed comforted by the promise that the writer of this little account would watch over her children after her happy spirit had returned to God who gave it. It was truly affecting to witness the