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Author:Denis Turner

Works

 * Translations
 * The Spirit of French Music, by Pierre Lasserre

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

title: Author:Denis Turner


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Page:The House Without Windows.djvu/82

 sunbeam could penetrate the dense canopy of leaves.

After a while she emerged into a clearing. In the middle of it there was a pool, almost entirely surrounded with dark green moss, very soft, overhung by a boulder. It, too, had a covering of moss. A tiny stream flowed silently and mysteriously into the pool, which was so dark that Eepersip could just see its floor of dark sand. On the bottom grew strange star-leaved plants, and small fishes were nibbling them. It was all very strange and magical, it was so silent.

Eepersip stayed looking at this pool for a long time, and then she decided to follow the little brook which was trickling into it and see where it came from. She followed it through deep woodland for about three miles. All this way it was sluggish. Then the land changed abruptly; and Eepersip realized that she was climbing a steep and rugged hill. She went up and up on a rough path. It was very hard climbing, and she was becoming tired. At last she got to the top, and her happy eye looked back upon the way she had come.

She saw from that high perch the pool, into which she knew the little brook was trickling; the blotches which were clumps and patches of dark forest; the field, a mass of sparkling green light,

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one day made hue and cry after her son Love and said: “Whosoever hath seen one Love loitering at the street-corners, know that he is my runaway, and any that shall bring me word of him shall have a reward; and the reward shall be the kiss of Cypris; and if he bring her runaway with him, the kiss shall not be all. He is a notable lad; he shall be known among twenty: complexion not white but rather like to fire; eyes keen and beamy; of an ill disposition but fair spoken, for he means not what he says—'tis voice of honey, heart of gall; froward, cozening, a ne er-say-troth; a wily brat; makes cruel play. His hair is plenty, his forehead bold; his baby hands tiny but can shoot a long way, aye, e’en across Acheron into the dominions of Death. All naked his body, but well covered his mind. He’s winged like a bird and flies from one to another, women as well as men, and alights upon their hearts. He hath a very little bow and upon it an arrow; ’tis Rh


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wright, William (12)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wright, William (11)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wright, William (13)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrightin(g)ton, (Sir) Edward


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrightson, Thomas


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrigley, Henry


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wriothesley, Henry


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wriothesley, John


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrixham, John


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroe, Richard


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrote, Samuel


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrothe, Jerome


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has lost her boy Love, and cries him in the streets, Rh


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroth, John


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroth, (Sir) John


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Rh not to say that it is, in plain Saxon. But a careful analysis of these descriptions will show that the materials of which they are formed are not individually beautiful and can not be wrought into combinations that are beautiful. The veneration and the affection which some of these men felt for the scenes they were speaking of, heated their fancies and biased their judgment; but the pleasant falsities they wrote were full of honest sincerity, at any rate. Others wrote as they did, because they feared it would be unpopular to write otherwise. Others were hypocrites and deliberately meant to deceive. Any of them would say in a moment, if asked, that it was always right and always best to tell the truth. They would say that, at any rate, if they did not perceive the drift of the question.

But why should not the truth be spoken of this region? Is the truth harmful? Has it ever needed to hide its face? God made the Sea of Galilee and its surroundings as they are. Is it the province of Mr. Grimes to improve upon the work?

I am sure, from the tenor of books I have read, that many who have visited this land in years gone by, were Presbyterians, and came seeking evidences in support of their particular creed; they found a Presbyterian Palestine, and they had already made up their minds to find no other, though possibly they did not know it, being blinded by their zeal. Others were Baptists, seeking Baptist evidences and a Baptist Palestine. Others were Catholics, Methodists, Episcopalians, seeking evidences indorsing their several creeds, and a Catholic, a Methodist, an Episcopalian Palestine. Honest as these men’s intentions may have been, they were full of partialities and prejudices, they entered the country with their verdicts already prepared, and they could no more write dispassionately and impartially about it than they could about their own wives and children. Our pilgrims have brought their verdicts with them. They have shown it in their conversation ever since we left Beirout. “I can almost tell, in set phrase, what they will say when they see Tabor, Nazareth, Jericho and Jerusalem—because I have the books they will “smouch” their ideas from. These authors write pictures and frame rhapsodies, and


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroth, Peter


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrothe, Robert


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrothe, (Sir) Thomas


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroth, Thomas


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512 lesser men follow and see with the author’s eyes instead of their own, and speak with his tongue. What the pilgrims said at Cesarea Philippi surprised me with its wisdom. I found it afterwards in Robinson. What they said when Genessaret burst upon their vision, charmed me with its grace. I find it in Mr. Thompson’s “Land and the Book.” They have spoken often, in happily worded language which never varied, of how they mean to lay their weary heads upon a stone at Bethel, as Jacob did, and close their dim eyes, and dream, perchance, of angels descending out of heaven on a ladder. It was very pretty. But I have recognized the weary head and the dim eyes, finally. They borrowed the idea—and the words—and the construction—and the punctuation—from Grimes. The pilgrims will tell of Palestine, when they get home, not as it appeared to them, but as it appeared to Thompson and Robinson and Grimes—with the tints varied to suit each pilgrim’s creed.

Pilgrims, sinners and Arabs are all abed, now, and the camp is still. Labor in loneliness is irksome. Since I made my last few notes, I have been sitting outside the tent for half an hour. Night is the time to see Galilee. Genessaret under these lustrous stars, has nothing repulsive about it. Genessaret with the glittering reflections of the constellations flecking its surface, almost makes me regret that I ever saw the rude glare of the day upon it. Its history and its associations are its chiefest charm, in any eyes, and the spells they weave are feeble in the searching light of the sun. Then, we scarcely feel the fetters. Our thoughts wander constantly to the practical concerns of life, and refuse to dwell upon things that seem vague and unreal. But when the day is done, even the most unimpressible must yield to the dreamy influences of this tranquil starlight. The old traditions of the place steal upon his memory and haunt his reveries, and then his fancy clothes all sights and sounds with the supernatural. In the lapping of the waves upon the beach, he hears the dip of ghostly oars; in the secret noises of the night he hears spirit voices; in the soft sweep of the breeze, the rush of invisible wings. Phan-


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroth, William (1)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroth, William (2)


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Rh tom ships are on the sea, the dead of twenty centuries come forth from the tombs, and in the dirges of the night wind the songs of old forgotten ages find utterance again.

In the starlight, Galilee has no boundaries but the broad compass of the heavens, and is a theatre meet for great events; meet for the birth of a religion able to save a world; and meet for the stately Figure appointed to stand upon its stage and proclaim its high decrees. But in the sunlight, one says: Is it for the deeds which were done and the words which were spoken in this little acre of rocks and sand eighteen centuries gone, that the bells are ringing to-day in the remote islands of the sea and far and wide over continents that clasp the circumference of the huge globe?

One can comprehend it only when night has hidden all incongruities and created a theatre proper for so grand a drama.


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroth, William (3)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrottesley, (Sir) Hugh


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrottesley, Walter


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wrottesley, (Sir) Walter


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroughton, Charles (1)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroughton, Charles (2)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroughton, Francis


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E took another swim in the Sea of Galilee at twilight yesterday, and another at sunrise this morning. We have not sailed, but three swims are equal to a sail, are they not? There were plenty of fish visible in the water, but we have no outside aids in this pilgrimage but “Tent Life in the Holy Land,” “The Land and the Book,” and other literature of like description—no fishing-tackle. There were no fish to be had in the village of Tiberias. True, we saw two or three vagabonds mending their nets, but never trying to catch any thing with them.

We did not go to the ancient warm baths two miles below Tiberias. I had no desire in the world to go there. This seemed a little strange, and prompted me to try to discover what the cause of this unreasonable indifference was. It turned out to be simply because Pliny mentions them. I have conceived a sort of unwarrantable unfriendliness toward Pliny and St. Paul, because it seems as if I can never ferret out a place that I can have to myself. It always and eternally transpires that St. Paul has been to that place, and Pliny has “mentioned” it.

In the early morning we mounted and started. And then a weird apparition marched forth at the head of the procession—a pirate, I thought, if ever a pirate dwelt upon land. It was a tall Arab, as swarthy as an Indian; young—say thirty years of age. On his head he had closely bound a gorgeous yellow and red striped silk scarf, whose ends, lavishly fringed with tassels, hung down between his shoulders and dallied with the


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroughton, (Sir) George


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroughton, George


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wroughton, (Sir) Giles


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Rh wind. From his neck to his knees, in ample folds, a robe swept down that was a very star-spangled banner of curved and sinuous bars of black and white. Out of his back, somewhere, apparently, the long stem of a chibouk projected, and reached far above his right shoulder. Athwart his back, diagonally, and extending high above his left shoulder, was an Arab gun of Saladin’s time, that was splendid with silver plating from stock clear up to the end of its measureless stretch of barrel. About his waist was bound many and many a yard of elaborately figured but sadly tarnished stuff that came from sumptuous Persia, and among the baggy folds in front the sun-beams glinted from a formidable battery of old brass-mounted horse-pistols and the gilded hilts of blood-thirsty knives. There were holsters for more pistols appended to the wonderful stack of long-haired goat-skins and Persian carpets, which the man had been taught to regard in the light of a saddle; and down among the pendulous rank of vast tassels that swung from that saddle, and clanging against the iron shovel of a stirrup that propped the warrior’s knees up toward his chin, was a crooked, silver-clad scimetar [sic] of such awful dimensions and such implacable expression that no man might hope to look upon it and not shudder. The fringed and bedizened prince whose privilege it is to ride the pony and lead the elephant into a country village is poor and naked compared to this chaos of paraphernalia, and the happy vanity of the one is the very poverty of satisfaction compared to the majestic serenity, the overwhelming complacency of the other.

“Who is this? What is this?’ That was the trembling inquiry all down the line.

“Our guard! From Galilee to the birthplace of the Saviour, the country is infested with fierce Bedouins, whose sole happiness it is, in this life, to cut and stab and mangle and murder unoffending Christians. Allah be with us!”

“Then hire a regiment! Would you send us out among these desperate hordes, with no salvation in our utmost need but this old turret?”

The dragoman laughed—not at the facetiousness of the sim-


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text: Index:Poems of Passion (1883, W. B. Conkey).djvu


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Page:United States Statutes at Large Volume 128.pdf/3144

128 STAT. 3120

§ 101111. Purpose and establishment of Foundation

To encourage private gifts of real and personal property, or any income from, or other interest in, the property, for the benefit of, or in connection with, the Service, its activities, or its services, and thereby to further the conservation of natural, scenic, historic, scientific, educational, inspirational, or recreational resources for future generations of Americans, there is established a charitable and nonprofit corporation to be known as the National Park Foundation to accept and administer those gifts.

§ 101112. Board

(a) —The National Park Foundation shall consist of a Board having as members the Secretary, the Director, and no fewer than 6 private citizens of the United States appointed by the Secretary.

(b) —The term of the private citizen members of the Board is 6 years. If a successor is chosen to fill a vacancy occurring prior to the expiration of a term, the successor shall be chosen only for the remainder of that term.

(c) —The Secretary shall be the Chairman of the Board and the Director shall be the Secretary of the Board.

(d) —Membership on the Board shall not be an office within the meaning of the statutes of the United States.

(e) —A majority of the members of the Board serving at any time shall constitute a quorum for the transaction of business.

(f) —The National Park Foundation shall have an official seal, which shall be judicially noticed.

(g) —The Board shall meet at the call of the Chairman and there shall be at least one meeting each year.

(h) —No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as members out of National Park Foundation funds available to the Board for those purposes.

§ 101113. Gifts, devises, or bequests

(a) —
 * (1) —The National Park Foundation may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust of real or personal property, or any income from, or other interest in, the gift, devise, or bequest, for the benefit of, or in connection with, the Service, its activities, or its services.

(2) —A gift, devise, or bequest may be accepted by the National Park Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Service, its activities, or its services.


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Rh (b) —The National Park Foundation may not accept any gift, devise, or bequest that entails any expenditure other than from the resources of the Foundation.

(c) —For purposes of this section, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources.

§ 101114. Disposition of property or income

(a) —Except as otherwise required by the instrument of transfer, the National Park Foundation may sell, lease, invest, reinvest, retain, or otherwise dispose of or deal with any property or income from the property as the Board may determine.

(b) —The National Park Foundation shall not engage in any business or make any investment that may not lawfully be made by a trust company in the District of Columbia, except that the Foundation may make any investment authorized by the instrument of transfer, and may retain any property accepted by the Foundation.

(c) —The National Park Foundation may utilize the services and facilities of the Department of the Interior and the Department of Justice, and the services and facilities may be made available on request to the extent practicable with or without reimbursement. Amounts reimbursed to either Department shall be returned by the Department to the account from which the funds for which the reimbursement is made were drawn and may, without further appropriation, be expended for any purpose for which the account is authorized.

§ 101115. Corporate succession and powers and duties acting as trustee; personal liability for malfeasance

(a) —The National Park Foundation shall have perpetual succession.

(b) —The National Park Foundation shall have all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name.

(c) —The members of the Board shall not be personally liable, except for malfeasance.

§ 101116. Corporate powers

The National Park Foundation shall have the power to enter into contracts, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes.

§ 101117. Authority of Board

In carrying out this chapter, the Board may—
 * (1) adopt bylaws and regulations necessary for the administration of its functions; and
 * (2) contract for any necessary services.


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128 STAT. 3122 § 101118. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States

(a) —The National Park Foundation and any income or property received or owned by it, and all transactions relating to that income or property, shall be exempt from all Federal, State, and local taxation.

(b) —The National Park Foundation may—
 * (1) contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay that government if it were not exempt from taxation by virtue of subsection (a) or by virtue of its being a charitable and nonprofit corporation; and
 * (2) agree to contribute with respect to property transferred to it and the income derived from the property if the agreement is a condition of the transfer.

(c) —Contributions, gifts, and other transfers made to or for the use of the Foundation shall be deemed to be contributions, gifts, or transfers to or for the use of the United States.

§ 101119. Liability of United States

The United States shall not be liable for any debts, defaults, acts, or omissions of the National Park Foundation.

§ 101120. Promotion of local fundraising support

(a) —The National Park Foundation shall design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual System unit level.

(b) —The program under subsection (a) shall be implemented to—
 * (1) assist in the creation of local nonprofit support organizations; and
 * (2) provide support, national consistency, and management-improving suggestions for local nonprofit support organizations.

(c) —The program under subsection (a)—
 * (1) shall include the greatest number of System units as is practicable; and
 * (2) at a minimum shall include—
 * (A) a standard adaptable organizational design format to establish and sustain responsible management of a local nonprofit support organization for support of a System unit;
 * (B) standard and legally tenable bylaws and recommended money-handling procedures that can easily be adapted as applied to individual System units; and
 * (C) a standard training curriculum to orient and expand the operating expertise of personnel employed by local nonprofit support organizations.

(d) —The National Park Foundation shall report the progress of the program under subsection (a) in the annual report of the Foundation.

(e) —
 * (1) —Nothing in this section requires—


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 a brilliant illumination to the gloomy pine forests around it; the cottage, a tiny brown speck in the distanceand the sea, the billowing sea, with the spots of foam, the towering waves, and that green colour which the waves show when they are agitated. She could even see the gulls, no bigger than flies to her, swooping about; but she was too far away to hear their shrill, excited screams. Long and steadily she looked. And thenthe strangest thought Eepersip had ever experienced came to her happy mind. "Forgetfulness!" she whispered to herself. "Oh, I loved it so! and then, when it happened that I came to the woodlands again, whyI forgot it. I must go back instantly. But I am so tired!"

Each wave seemed to bring a pain to Eepersip's heart, as she watched the sea, like emerald, stretching away until it seemed to meet the blue sky. Suddenly she sprang to her feet and started down like a wild deer. Tearing through the woodlands, through the dense thickets and the brambles, she came out at last by the pool. But she had no eye for all its beauties; she had no mind but for the sea. She rested a second; than she was on her feet again, plunging, rearing, fighting her way through the woods. She came again, in the depths of exhaustion, into that pool of light, the meadow.

title: Page:The House Without Windows.djvu/83


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Rh ::(A) a nonprofit support organization or friends group to modify current practices or to affiliate with the National Park Foundation; or
 * (B) a local nonprofit support organization, established as a result of this section, to be bound through its charter or corporate bylaws to be permanently affiliated with the National Park Foundation.
 * (2) —An affiliation with the National Park Foundation shall be established only at the discretion of the governing board of a nonprofit organization.

§ 101301. Maintenance management system

The Service shall implement a maintenance management system in the maintenance and operations programs of the System. The system shall include the following elements:
 * (1) A workload inventory of assets including detailed information that quantifies for all assets (including buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of maintenance work performed.
 * (2) A set of maintenance tasks that describe the maintenance work in each System unit.
 * (3) A description of work standards including—
 * (A) frequency of maintenance;
 * (B) measurable quality standard to which assets should be maintained;
 * (C) methods for accomplishing work;
 * (D) required labor, equipment, and material resources; and
 * (E) expected worker production for each maintenance task.
 * (4) A work program and performance budget that develops an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task.


text: Public Law 113-287/Chapter 1011

title: Public Law 113-287/Chapter 1011


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 to move, she sank down in the delicious soft grass and watched the butterflies, like winged jewels, swooping above. Then she fell into a deep, heavy slumber.

She was awakened by shrill cries which pierced the air. Looking up, she saw a flock of gulls with their long, narrow wings, the colour of foam, winging their way toward the sea. Then she remembered that she, too, was supposed to be winging her way toward the sea, and she cried: "O happy birds, I would I were among you, to go with such flashing speed!" It seemed to her that the sea was in her care, and that she, through foolish forgetfulness, had wandered off from itwandered off from her guarding, leaving it to the mercy of the beasts. Of course, if she had thought a moment she would have seen how out of proportion this was, but she could do nothing but blame herself, and fancy a terrible monster who would come and drink it all up in her absence. And she began fighting and struggling against her tiredness, until, with one desperate effort, she managed to start running again. Then there was no stopping! Her old strength seemed to come back, the strength which she had had before starting her woodland explorationsthe result, as she thought now, of a foolish desire. Once she had

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 started running again, her feet winged with a great longing, she sped along the ground.

Soon she passed the cottage; and thenthere was her sea again, just as she had left it, with the waves beating the sandy shore. The gulls were screaming and diving; everything was excited and trembling. With a cry of ecstasy, Eepersip sprang into the waves

Many happy days Eepersip spent here, living in the vicinity of the hated little cottage. Since she had come from the sea she had worn a mermaid dress of sea-weeds, fastened at the neck by a white shell with a hole through it. Her favourite play was with the waves. She could swim now, even under water, with a speed that surprised herself, and she dived gracefully from all the rocks that she came upon. But it was watching the sea that fascinated her more than anything else. She would sit for hours at a time on the rocks and listen to the waves bellowing beneath her. Sometimes, when they were very high, she would go down on the low rocks and shout with delight when the white spray rushed along and whirled itself up into her face. The waves would wash her over and over and play with

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Roudebush v. Hartke

Incumbent Senator Hartke was certified by the Indiana Secretary of State to the Governor as the winner of the close 1970 Indiana senatorial election. Candidate Roudebush filed a timely recount petition in state court. The state court denied Hartke's motion to dismiss on the grounds of conflict with the Indiana and Federal Constitutions, and granted the petition for a recount. Hartke sought an injunction against the recount in United States District Court, invoking jurisdiction under 28 U.S.C. § 1343 (3) and claiming that the recount was barred by Art. I, § 5, of the Federal Constitution, delegating to the Senate the power to judge the elections, returns, and qualifications of its members. The three-judge District Court issued the requested injunction. After appeals were filed here, the Senate seated Hartke "without prejudice to the outcome of an appeal pending in the Supreme Court... and without prejudice to the outcome of any recount that the Supreme Court might order." Hartke then moved to dismiss the appeals as moot.

Held:

 * 1. The issue here, whether a recount is a valid exercise of the State's power to prescribe the times, places, and manner of holding elections, pursuant to Art. I, § 4, of the Constitution, or is a forbidden infringement on the Senate's power under Art. I, § 5, is not moot, as the Senate has postponed making a final determination of who is entitled to the office of Senator pending the outcome of this action. Pp. 18-19.

 * 2. The District Court was not barred from issuing an injunction by 28 U.S.C. § 2283, which generally prohibits a federal court from enjoining state court proceedings. Pp. 20-23.

 * (a) That section does not restrict a federal court from enjoining a state court acting in a nonjudicial capacity. P. 21.

 * (b) The state court's recount functions are nonjudicial, as they consist merely of determining that the recount petition is correct as to form and appointing recount commissioners. Pp. 21-22.

 * (c) The complaint did not seek to enjoin the action of the state court but rather to enjoin the recount commission from proceeding after the court had appointed members of the commission. P. 22.

 * 3. Article I, § 5, does not prohibit a recount of the ballots by Indiana, as the recount will not prevent an independent Senate evaluation of the election any more than the original count did, and it would be mere speculation to assume that Indiana's procedure would impair the Senate's ability to make an independent final judgment. Pp. 23-26.

321 F. Supp. 1370, reversed.

STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed an opinion dissenting in part, in which BRENNAN, J., joined, post, p. 26. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the cases.

Donald A. Schabel argued the case for appellant in No. 70-66. With him on the briefs was L. Keith Bulen. Richard C. Johnson, Chief Deputy Attorney General of Indiana, argued the cause for appellant in No. 70-67. On the briefs were Theodore L. Sendak, Attorney General, pro se, William F. Thompson, Assistant Attorney General, and Mark Peden, Deputy Attorney General.

John J. Dillon argued the cause for appellees in both cases. With him on the brief for appellee Hartke were David W. Mernitz and James L. Tuohy.

title: Roudebush v. Hartke


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516 ile, for verily, that guide or that courier or that dragoman never yet lived upon earth who had in him the faintest appreciation of a joke, even though that joke were so broad and so ponderous that if it fell on him it would flatten him out like a postage stamp—the dragoman laughed, and then, emboldened by some thought that was in his brain, no doubt, proceeded to extremities and winked.

In straits like these, when a man laughs, it is encouraging; when he winks, it is positively reassuring. He finally intimated that one guard would be sufficient to protect us, but that that one was an absolute necessity. It was because of the


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Rh moral weight his awful panoply would have with the Bedouins, Then I said we didn’t want any guard at all. If one fantastic vagabond could protect eight armed Christians and a pack of Arab servants from all harm, surely that detachment could protect themselves. He shook his head doubtfully. Then I said, just think of how it looks—think of how it would read, to self-reliant Americans, that we went sneaking through this deserted wilderness under the protection of this masquerading Arab, who would break his neck getting out of the country if a man that was a man ever started after him. It was a mean, low, degrading position. Why were we ever told to bring navy revolvers with us if we had to be protected at last by this infamous star-spangled scum of the desert? These appeals were vain—the dragoman only smiled and shook his head.

I rode to the front and struck up an acquaintance with King Solomon-in-all-his-glory, and got him to show me his lingering eternity of a gun. It had a rusty flint lock; it was ringed and barred and plated with silver from end to end, but it was as desperately out of the perpendicular as are the billiard cues of ’49 that one finds yet in service in the ancient mining camps of California. The muzzle was eaten by the rust of centuries into a ragged filagree-work, like the end of a burnt-out stove-pipe. I shut one eye and peered within—it was flaked with iron rust like an old steamboat boiler. I borrowed the ponderous pistols and snapped them. They were rusty inside, too—had not been loaded for a generation. I went back, full of encouragement, and reported to the guide, and asked him to discharge this dismantled fortress. It came out, then. This fellow was a retainer of the Sheik of Tiberias. Ie was a source of Government revenue. He was to the Empire of Tiberias what the customs are to America. The Sheik imposed guards upon travelers and charged them for it. It is a lucrative source of emolument, and sometimes brings into the national treasury as much as thirty-five or forty dollars a year.

I knew the warrior’s secret now; I knew the hollow vanity of his rusty trumpery, and despised his asinine complacency.


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518 I told on him, and with reckless daring the cavalcade rode straight ahead into the perilous solitudes of the desert, and scorned his frantic warnings of the mutilation and death that hovered about them on every side.

Arrived at an elevation of twelve hundred feet above the lake, (I ought to mention that the lake lies six hundred feet below the level of the Mediterranean—no traveler ever neglects to flourish that fragment of news in his letters,) as bald and unthrilling a panorama as any land can afford, perhaps, was spread out before us. Yet it was so crowded with historical interest, that if all the pages that have been written about it were spread upon its surface, they would flag it from horizon to horizon like a pavement. Among the localities comprised in this view, were Mount Hermon; the hills that border Cesarea Philippi, Dan, the Sources of the Jordan and the Waters of Merom; Tiberias; the Sea of Galilee; Joseph’s Pit; Capernaum; Bethsaida; the supposed scenes of the Sermon on the Mount, the feeding of the multitudes and the miraculous draught of fishes; the declivity down which the swine ran to the sea; the entrance and the exit of the Jordan; Safed, “the city set upon a hill,” one of the four holy cities of the Jews, and the place where they believe the real Messiah will appear when he comes to redeem the world; part of the battle-field of Hattin, where the knightly Crusaders fought their last fight, and in a blaze of glory passed from the stage and ended their splendid career forever; Mount Tabor, the traditional scene of the Lord’s Transfiguration. And down toward the southeast lay a landscape that suggested to my mind a quotation (imperfectly remembered, no doubt:)

“The Ephraimites, not being called upon to share in the rich spoils of the Ammonitish war, assembled a mighty host to fight against Jeptha, Judge of Israel; who, being apprised of their approach, gathered together the men of Israel and gave them battle and put them to flight. To make his victory the more secure, he stationed guards at the different fords and passages of the Jordan, with instructions to let none pass who could not say Shibboleth. The Ephraimites, being of a different tribe, could not frame to pronounce the word aright, but called it Sibboleth, which proved them enemies and cost them their lives; wherefore, forty and two thousand fell at the different fords and passages of the Jordan that day.”


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Rh We jogged along peacefully over the great caravan route from Damascus to Jerusalem and Egypt, past Lubia and other Syrian hamlets, perched, in the unvarying style, upon the summit of steep mounds and hills, and fenced round about with giant cactuses, (the sign of worthless land,) with prickly pears upon them like hams, and came at last to the battle-field of Hattin.

It is a grand, irregular plateau, and looks as if it might have been created for a battle-field. Here the peerless Saladin met the Christian host some seven hundred years ago, and broke their power in Palestine for all time to come. There had long been a truce between the opposing forces, but according to the Guide-Book, Raynauld of Chatillon, Lord of Kerak, broke it by plundering a Damascus caravan, and refusing to give up either the merchants or their goods when Saladin demanded them. This conduct of an insolent petty chieftain stung the Sultan to the quick, and he swore that he would slaughter Raynauld with his own hand, no matter how, or when, or where he found him. Both armies prepared for war. Under the weak King of Jerusalem was the very flower of the Christian chivalry. He foolishly compelled them to undergo a long, exhausting march, in the scorching sun, and then, without water or other refreshment, ordered them to encamp in this open plain. The splendidly mounted masses of Moslem soldiers swept round the north end of Genessaret, burning and destroying as they came, and pitched their camp in front of the opposing lines. At dawn the terrific fight began. Surrounded on all sides by the Sultan’s swarming battalions, the Christian Knights fought on without a hope for their lives. They fought with desperate valor, but to no purpose; the odds of heat and numbers, and consuming thirst, were too great against them. Towards the middle of the day the bravest of their band cut their way through the Moslem ranks and gained the summit of a little hill, and there, hour after hour, they closed around the banner of the Cross, and beat back the charging squadrons of the enemy.

But the doom of the Christian power was sealed. Sunset


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520 found Saladin Lord of Palestine, the Christian chivalry strewn in heaps upon the field, and the King of Jerusalem, the Grand Master of the Templars, and Raynauld of Chatillon, captives in the Sultan’s tent. Saladin treated two of the prisoners with princely courtesy, and ordered refreshments to be set before them. When the King handed an iced Sherbet to Chatillon, the Sultan said, “It is thou that givest it to him, not I.” He remembered his oath, and slaughtered the hapless Knight of Chatillon with his own hand.

It was hard to realize that this silent plain had once resounded with martial music and trembled to the tramp of armed men. It was hard to people this solitude with rushing columns of cavalry, and stir its torpid pulses with the shouts of victors, the shrieks of the wounded, and the flash of banner and steel above the surging billows of war. A desolation is here that not even imagination can grace with the pomp of life and action.

We reached Tabor safely, and considerably in advance of that old iron-clad swindle of a guard. We never saw a human being on the whole route, much less lawless hordes of Bedouins. Tabor stands solitary and alone, a giant sentinel above the Plain of Esdraelon. It rises some fourteen hundred feet above the surrounding level, a green, wooden cone, symmetrical and full of grace—a prominent landmark, and one that is exceedingly pleasant to eyes surfeited with the repulsive monotony of desert Syria. We climbed the steep path to its summit, through breezy glades of thorn and oak. The view presented from its highest peak was almost beautiful. Below, was the broad, level plain of Esdraelon, checkered with fields like a chess-board, and full as smooth and level, seemingly; dotted about its borders with white, compact villages, and faintly penciled, far and near, with the curving lines of roads and trails. When it is robed in the fresh verdure of spring, it must form a charming picture, even by itself. Skirting its southern border rises “Little Hermon,” over whose summit a glimpse of Gilboa is caught. Nain, famous for the raising of the widow’s son, and Endor, as famous for the performances


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Roudebush v. Hartke/Opinion of the Court

[p16] MR. JUSTICE STEWART delivered the opinion of the Court.

The 1970 election for the office of United States Senator was the closest in Indiana history. The incumbent, Senator R. Vance Hartke (Hartke), was declared the winner by a plurality of 4,383 votes—a margin of approximately one vote per state precinct. On November 16, 1970, 13 days after the election, the Indiana Secretary of State certified to the Governor that Hartke [p17] had been re-elected. On the following day, candidate Richard L. Roudebush (Roudebush) filed in the Superior Court of Marion County a timely petition for a recount. Hartke moved in that court to dismiss the petition, arguing that the state recount procedure conflicted with the Indiana and Federal Constitutions. On December 1, the state court denied the motion to dismiss and granted the petition for a recount. It appointed a three-man recount commission and directed it to begin its task on December 8.

Hartke then filed a complaint in the United States District Court for the Southern District of Indiana asking for an injunction against the recount. He involved federal jurisdiction under 28 U.S.C. § 1343 (3) and claimed that the recount was prohibited by Art. I, § 5, of the Constitution of the United States, which delegates to the Senate the power to judge the elections, returns, and qualifications of its members. A single district [p18] judge issued an order temporarily restraining the recount pending decision by a three-judge district court. The Attorney General of Indiana then moved successfully to intervene as a defendant, and a three-judge court was convened pursuant to 28 U.S.C. § 2284. After taking testimony and hearing argument, the court ruled in Hartke's favor and issued an interlocutory injunction, 321 F. Supp. 1370, one judge dissenting. Roudebush and the Attorney General both brought direct appeals to this Court.

On January 21, 1971, shortly after the jurisdictional statements were filed, the Senate administered the oath of office to Hartke, who had been issued a certificate of election by the Governor. Hartke was seated, however, "without prejudice to the outcome of an appeal pending in the Supreme Court of the United States, and without prejudice to the outcome of any recount that the Supreme Court might order..." Following the Senate's decision to seat him, Hartke moved to dismiss the appeals as moot. We consolidated both appeals and postponed further consolidation of questions of jurisdiction to the hearing of the cause on the merits. 401 U.S. 972.

I
We consider first the claim that these appeals are moot. This claim is based upon the proposition, as stated in appellee Hartke's brief, that the "basic issue" before the Court is "whether appellee Hartke or appellant Roudebush is entitled to the office of United States Senator from Indiana." Since the Senate has now seated Hartke, and since this Court is without power to alter the [p19] Senate's judgment, it follows, the argument goes, that the cause is moot.

The difficulty with this argument is that is is based on an erroneous statement of the "basic issue." Which candidate is entitled to be seated in the Senate is, to be sure, a nonjusticiable political question—a question that would not have been the business of this Court even before the Senate acted. The actual question before us, however, is a different one. It is whether an Indiana recount of the votes in the 1970 election is a valid exercise of the State's power, under Art. I, § 4, to prescribe the times, places, and manner of holding elections, or is a forbidden infringement upon the Senate's power under Art. I, § 5.

That question is not moot, because the Senate has postponed making a final determination of who is entitled to the office of Senator, pending the outcome of this lawsuit. Once this case is resolved and the Senate is assured that it has received the final Indiana tally, the Senate will be free to make an unconditional and final judgment under Art. I, § 5. Until that judgment is made, this controversy remains alive, and we are obliged to consider it.

II
[p20] It is the position of the appellants that, quite apart from the merits of the controversy, the three-judge District Court was barred from issuing an injunction by reason of 28 U.S.C. § 2283, which prohibits a federal court from enjoining state court proceedings except in a few specific instances. This argument has weight, of course, only if the Indiana statutory recount procedure is a "proceeding in a State court" within the meaning of § 2283. This Court has said of a predecessor to § 2283, "The provision expresses on its face the duty of 'hands off' by the federal courts in the use of the injunction to stay litigation in a state court." More recently, we characterized the statute as designed to assure "the maintenance of state judicial systems for the decision of legal controversies."

We have in the past recognized that not every state court function involves "litigation" or "legal controversies." In the case of Prentis v. Atlantic Coast Line R. Co., 211 U.S. 210, the Court reviewed a federal injunction preventing a state commission from fixing passenger rail rates. The Court assumed that the commission had the powers of a state court and that the predecessor of § 2283 governed any attempt by a federal court to enjoin the exercise of the commission's judicial powers. [p21] Nevertheless, the Court concluded that rate-making could be enjoined because it was legislative in nature. Hence, the Court held that § 2283 does not restrict a federal court from enjoining a state court when it is involved in a nonjudicial function.

To determine whether an Indiana court engages in a judicial function in connection with an election recount, we turn to the law of that State. In Indiana every candidate has a right to a recount and can obtain one by merely filing a timely petition in the circuit or superior court of the appropriate county. If the petition is correct as to form, the state court "shall... grant such petition... and order the recount..." When it grants a petition, the court is required to appoint three commissioners to carry out the recount. Once these appointments are made, the Indiana court has no other responsibilities or powers.

The exercise of these limited responsibilities does not constitute a court proceeding under § 2283 within the test of Prentis: "A judicial inquiry investigates, declares and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. That is its purpose and end." 211 U.S., at 226. The state courts' duties in connection with a recount may be characterized as ministerial, or perhaps administrative, but they clearly do not fall within this definition of a "judicial inquiry." The process of determining that the recount petition is correct as to form—that it contains the proper information, such as the names and addresses of all candidates, and is timely filed—is clearly not a judicial proceeding. Nonjudicial functionaries [p22] continually make similar determinations in the processing of all kinds of applications.

And finally, Hartke's complaint in this cause did not ask the three-judge federal court to restrain the action of the Indiana court as such. It did not seek to enjoin the state court from ruling on the formal correctness of the petition; it did not even seek to enjoin the state court's appointive function. It sought, rather, to enjoin the recount commission from proceeding after the court had appointed the members of the commission.

[p23] We conclude that the three-judge District Court was not prohibited by § 2283 from issuing and had power under 28 U.S.C. § 2281 to issue an injunction in this cause.

III
We turn, therefore, to the merits of the District Court's decision. The Indiana Election Code calls for the vote to be initially counted, in each precinct, by an election board. After recording the voting machine totals, the board seals the machines. Paper ballots, including absentee ballots, are then counted and tallied. Counted ballots are placed in a bag and sealed. Ballots that bear distinguishing marks or are mutilated or do not clearly reveal the voter's choice are not counted. These rejected ballots are sealed in a separate bag. Both bags are preserved for six months and may not be opened except in the case of a recount.

If a recount is conducted in any county, the voting machine tallies are checked and the sealed bags containing the paper ballots are opened. The recount commission may make new and independent determinations as to which ballots shall be counted. In other words, it may reject ballots initially counted and count ballots initially rejected. Disputes within the commission are settled by a majority vote. When the commission establishes its task it seals the ballots it counted in one bag, and the ballots it rejected in another. Once the recount is completed, all previous returns are superseded.

The District Court held these procedures to be contrary to the Constitution in two ways. First, the court found that in making judgments as to which ballots to [p24] count, the recount commission would be judging the qualifications of a member of the Senate. It held this would be a usurpation of a power that only the Senate could exercise. Second, it found that the Indiana ballots and other election paraphernalia would be essential evidence that the Senate might need to consider in judging Hartke's qualifications. The court feared that the recount might endanger the integrity of those materials and increase the hazard of their accidental destruction. Thus, the court held that, even if the commission would not be usurping the Senate's exclusive power, it would be hindering the Senate's exercise of that power.

We cannot agree with the District Court on either ground. Unless Congress acts, Art. I, § 4, empowers the States to regulate the conduct of senatorial elections This Court has recognized the breadth of those powers: "It cannot be doubted that these comprehensive words embrace authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the [p25] fundamental right involved." Smiley v. Holm, 285 U.S. 355, 366.

Indiana has found, along with many other States, that one procedure necessary to guard against irregularity and error in the tabulation of votes is the availability of a recount. Despite the fact that a certificate of election may be issued to the leading candidate within 30 days after the election, the results are not final if a candidate's option to compel a recount is exercised. A recount is an integral part of the Indiana electoral process and is within the ambit of the broad powers delegated to the States by Art. I, § 4.

It is true that a State's verification of the accuracy of election results pursuant to its Art. I, § 4, powers is not totally separable from the Senate's power to judge elections and returns. But a recount can be said to "usurp" the Senate's function only if it frustrates the Senate's ability to make an independent final judgment. A recount does not prevent the Senate from independently evaluating the election any more than the initial count does. The Senate is free to accept or reject the [p26] apparent winner in either count, and, if it chooses, to conduct its own recount.

It would be no more than speculation to assume that the Indiana recount procedure would impair such an independent evaluation by the Senate. The District Court's holding was based on a finding that a recount would increase the probability of election fraud and accidental destruction of ballots. But there is no reason to suppose that a court-appointed recount commission would be less honest or conscientious in the performance of its duties than the precinct election boards that initially counted the ballots.

For the reasons expressed, we conclude that Art. I, § 5 of the Constitution, does not prohibit Indiana from conducting a recount of the 1970 election ballots for United States Senator. Accordingly, the judgment of the District Court is reversed.

It is so ordered.

MR. JUSTICE POWELL and MR. JUSTICE REHNQUIST took no part in the consideration or decision of these cases.


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 traders. And the Negroes were to be found throughout South Africa.

There were Boer republics in the Transvaal and the Orange Free State during the eighties of the last century. I need scarcely say that in these republics the Negro had no power, it was all a white men’s affair. Indian traders had heard that they could also trade with the Boers, who, being simple, frank and unassuming, would not think it below their dignity to deal with Indian traders. Several Indian traders therefore proceeded to the Transvaal and the Free State and opened shops there. As there were no railways there at the time, they earned large profits. The expectations of the Indian traders were fulfilled and they carried on considerable trade with the Boers and the Negroes as customers. Similarly several Indian traders went to the Cape Colony and began to earn fairly well. The Indians were thus distributed in small numbers in all the four colonies.

Absolutely free Indians now number between forty to fifty thousands, while the ‘Free Indians’ so called, that is, the labourers who are freed from their indentures and their descendants, number about a hundred thousand.

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The European planters of Natal wanted only slaves. They could not afford to have labourers who, after serving their term, would be free to compete with them to however small an extent. No doubt the indentured labourers had gone to Natal, as they had not been very successful in agriculture or other pursuits in India. But it is not to be supposed that they had no knowledge of agriculture or that they did not understand the value of land. They found that if they grew only vegetables in Natal, they could earn good incomes, and that their earnings would be still better if they owned a small piece of land. Many, therefore, on the termination of their indentures, began to pursue some trade or other on a small scale. This was, on the whole, advantageous to the settlers in Natal. Various kinds of vegetables, which had not been grown before for want of a competent class of cultivators, now became available. Other kinds, which had been grown in small quantities, could now be had in abundance. The result was a fall in the price of vegetables. But the European planters did not relish this new development. They felt they now had competitors in a field in which they believed they had a monopoly. A movement was, therefore, set on foot against these poor time-expired labourers. The reader will be surprised to learn, that while on the one hand the Europeans demanded more and more labourers and easily took in as many of them as went from India, on the other hand they started an agitation to harass ex-indentured labourers in a variety of ways. This was the reward for their skill and hard toil!

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 The movement assumed many forms. One set of agitators demanded that the labourers who completed their indentures should be sent back to India, and that therefore fresh labourers arriving in Natal from that time forward should have a new clause entered in their indentures, providing for their compulsory return to India at the expiration of their term of service unless they renewed their indentures. A second set advocated the imposition of a heavy annual capitation tax on the labourers who did not re-indenture themselves at the end of the first period of five years. Both, however, had the same object in view, namely, by hook or crook to make it impossible for ex-indentured labourers to live as free men in Natal in any circumstances. This agitation attained such serious dimensions, that the Government of Natal appointed a commission. As the demands of both these classes of agitators were quite unfair, and as the presence of the ex-indentured labourers was clearly beneficial to the entire population from an economic standpoint, the independent evidence recorded by the commission was against the agitators, who thus failed to achieve any tangible result for the time being. But as fire, although extinguished, leaves a trail behind it, the agitation created some impression on the Government of Natal. How could it be otherwise? The Government of Natal was friendly to the planters. It therefore communicated with the Government of India and laid before it the proposals of both the sets of agitators. But the Government of India could not all at once accept proposals which would reduce indentured labourers to perpetual slavery. One justification or excuse for sending labourers to such a far-off land under indenture was that the labourers, after completing the indentures, would become free to develop their powers fully and consequently improve their economic condition. As Natal then was still a Crown Colony, the Colonial Office was fully responsible for its government. Natal, therefore, could not look for help from that quarter too in satisfying its unjust demands. For this and similar reasons a movement was set on foot to attain responsible government, which was

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 eventually conferred on Natal in 1893. Natal now began to feel its strength. The Colonial Office too did not any longer find it difficult to accept whatever demands Natal might choose to make. Delegates from the new responsible Government of Natal came to India to confer with the Government of India. They proposed the imposition of an annual poll-tax of twenty-five pounds, or three hundred and seventy-five rupees, on every Indian who had been freed from indenture. It was evident that no Indian labourer could pay such an exorbitant tax and live in Natal as a free man. Lord Elgin, the Governor-General of India, considered that the amount was excessive, and ultimately he accepted an annual poll-tax of three pounds. This was equivalent to nearly six months’ earnings on the indenture scale. The tax was levied, not only on the labourer himself, but also upon his wife, his daughters aged thirteen years or upwards, and his sons aged sixteen years or upwards. There was hardly any labourer who had not a wife and a couple of children. Thus, as a general rule, every labourer was required to pay an annual tax of twelve pounds. It is impossible to describe the hardships that this tax entailed. Only those, who actually underwent the hardships, could realize them, and only those who witnessed their sufferings could have some idea of them. The Indians carried on a powerful agitation against this action of the Government of Natal. Memorials were submitted to the Imperial Government and the Government of India, but to no purpose except for the reduction in the amount of the tax. What could the poor labourers do or understand in this matter? The agitation on their behalf was carried on by the Indian traders, actuated by motives of patriotism or of philanthropy.

Free Indians fared no better. The European traders of Natal carried on a similar agitation against them for mainly the same reasons. Indian traders were well established. They acquired lands in good localities. As the number of freed labourers began to increase, there was a larger and larger demand for the class of goods required by them. Bags of rice were imported from India in their

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 thousands and sold at a good profit. Naturally this trade was largely in the hands of Indians who had besides a fair share of the trade with Zulus. They thus became an eyesore to petty European traders. Again, some Englishmen pointed out to the Indian traders, that according to law they were entitled to vote in the elections for the Legislative Assembly of Natal, and to stand as candidates for the same. Some Indians therefore got their names entered on the electoral roll. This made the European politicians of Natal join the ranks of anti-Indians. They doubted whether the Europeans could stand in competition with Indians if the Indians’ prestige increased, and if their position was consolidated, in Natal. The first step, therefore, taken by the responsible Government of Natal in connection with free Indians was that they decided to enact a law, disfranchising all Asiatics save those who were then rightly contained in any voters’ list. A bill to that effect was first introduced into the Legislative Assembly of Natal in 1894. This was based on the principle of excluding Indians as Indians from the franchise, and was in Natal the first piece of legislation affecting them in which racial distinction was made. Indians resisted this measure. A memorial was prepared during one night and four hundred signatures were appended to it. When the memorial was submitted to the Legislative Assembly of Natal, that body was startled. But the bill was passed all the same. A memorial bearing ten thousand signatures was submitted to Lord Ripon who was then Secretary of State for the Colonies. Ten thousand signatures meant almost the total population at the time of free Indians in Natal. Lord Ripon disallowed the bill and declared that the British Empire could not agree to the establishment of a colour bar in legislation. The reader will be in a position later on to appreciate how great was this victory for Indians. The Natal Government, therefore, brought forward another bill, removing racial distinction but indirectly disqualifying Indians. Indians protested against this as well but without success. This new bill was ambiguous in meaning. Indians were in a position to carry it

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 finally to the Judicial Committee of the Privy Council with a view to its interpretation; but they did not think it advisable to do so. I still think that they did the right thing in avoiding this endless litigation. It was no small thing that the colour bar was not allowed to be set up.

But the planters and the Government of Natal were not likely to stop there. To nip the political power of Indians in the bud was for them the indispensable first step; but the real point of their attack was Indian trade and free Indian immigration. They were uneasy at the thought of the Europeans in Natal being swamped if India with its teeming millions invaded Natal. The approximate population of Natal at the time was 400,000 Zulus and 40,000 Europeans as against 60,000 indentured, 10,000 ex-indentured and 10,000 free Indians. The Europeans had no solid grounds for their apprehensions, but it is impossible to convince by argument men who have been seized with vague terrors. As they were ignorant of the helpless condition of India and of the manners and customs of the Indian people, they were under the impression that the Indians were as adventurous and resourceful as themselves. They could scarcely be blamed if they thus created a bugbear of the vast population of India in comparison with their own small numbers. However that may be, the result of the successful opposition to the disfranchising bill was, that in two other laws passed by the Natal Legislature it had to avoid racial distinction and to attain its end in an indirect manner. The position, therefore, was not as bad as it might have been. On this occasion too Indians offered a strenuous resistance, but in spite of this the laws were enacted. One of these imposed severe restrictions on Indian trade and the other on Indian immigration in Natal. The substance of the first Act was that no one could trade without a licence issued by an official appointed in accordance with its provisions. In practice any European could get a licence while the Indian had to face no end of difficulty in the matter. He had to engage a lawyer and incur other expenditure. Those who could not afford it had to go without a licence. The

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 chief provision of the other Act was that only such immigrants as were able to pass the education test in a European language could enter the Colony. This closed the doors of Natal against crores of Indians. Lest I should inadvertently do the Government of Natal an injustice, I must state that the Act further provided that an Indian resident in Natal for three years before the passing of that Act might obtain a certificate of domicile enabling him to leave the Colony and return at any time with his wife and minor children without being required to pass the education test.

The indentured and free Indians in Natal were and still are subject to other disabilities, both legal and extra-legal, in addition to those described above. But I do not think it necessary to tax the reader with a recital of them. I propose to give such details only as are essential to a clear understanding of the subject. A history of the condition of Indians in different parts of South Africa would take up much space. But that is beyond the scope of the present volume.

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As in Natal, so in the other Colonies anti-Indian prejudice had more or less begun to grow even before 1880. Except in the Cape Colony, the general opinion held was that as labourers the Indians were all right, but it had become an axiom with many Europeans that the immigration of free Indians was purely a disadvantage to South Africa. The Transvaal was a republic. For Indians to declare their British citizenship before its President was only to invite ridicule. If they had any grievance, all they could do was to bring it to the notice of the British Agent at Pretoria. Still the wonder is that when the Transvaal came under the British flag, there was none from whom Indians could expect even such assistance as the Agent rendered when the Transvaal was independent. When during Lord Morley’s tenure of the office of the Secretary of State for India, a deputation on behalf of the Indians waited upon him, he declared in so many words that as the members of the deputation were aware, the Imperial Government could exercise but little control over self-governing dominions. They could not dictate to them; they could plead, they could argue, they could press for the application of their principles. Indeed in some instances they could more effectively remonstrate with foreign Powers, as they remonstrated with the Boer Republic, than with their own people in the Colonies. The relations of the mother country with the colonies were in the nature of a silken tie which would snap with the slightest tension. As force was out of the question, he assured the deputation that he would do all he could by negotiations. When war was declared on the Transvaal, Lord Landsdowne, Lord Selborne and other British

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Rh misguided couple being turned into jackals by the curse of Kaunti Adigal, who could not bear the insult offered to her companions Kovalan and Kannaki.

It is interesting to note that Ilanko, like Milton, never applies sardonic humour to his main characters. He has nothing but praise for Kannaki, the chief heroine of the epic. Kaunthi Adigal, the ascetic and Mathari, the shepherdess praise her as an example to be followed by other women. The Pandyan Queen praises her, the Chera Queen deems her fit to be worshipped, the sun-god and fire-god do her errands, the Chola king Karikalan, King Gajabahu of Ceylon and other kings assemble and do homage to her image and all through the epic the poet has avoided the ludicrous in depicting her. (See also Canto XXII (Alar padu) 11. 134-136, where even her action in burning the city is justified by certain women of Madurai). Friends of Kannaki and of her foster-mother all praise her and the ideal for which she lived (vide Canto XXIX).

Ilanko draws several morals from the events of his epic that an unjust ruler is inevitably punished, that a chaste woman receives the homage of all, human beings and celestials; that no man can escape his fate. Besides, many a lesson he has left the reader to draw indirectly, e.g., one should not indulge in gossip, one should take great care of trust property; one should be brave and never despondent; one should have faith in God. Ilanko apparently thought that poetry was intended not merely to beguile one's leisure but it should inspire and instruct. All in all, Ilanko has achieved unqualified success as a poet and takes a high rank among the epic poets of the world.

In later periods, poets like Tiruttakadevar, Sekkilar and Kambar attempted to copy it and even rival it, but throughout the centuries it has maintained a central place in Tamil literature. It has an unparalleled variety of appeal and deserves to hold a high place not only in Tamil literature but also in world literature.


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Rh Just as Virgil bears the stamp of the Caesarean and the Augustan ages, Ilanko exemplifies a transitional stage in the development of the Tamil country; he stands between what is called the Sangam age when the pure, undefiled Tamil civilisation existed and the post-Sangam period which came to be engrossed more and more with matters religious, consequent on sectarian religious conflicts. Also like Virgil, Ilanko on the one hand glorifies the conquering spirit of the Tamils as pictured in the conquests of Chenkuttuvan, while on the other hand, through the words of Madalan addressed to Chenkuttuvan, he indicates the futility of mere military successes, when more important duties await the king.

Ilanko's heroes again are partly Homeric and partly Virgilian. Kannaki's revenge on the citizens of Madurai for an unjust act committed by their king is not an example to be followed. But her ideals of true love, fortitude and courage stand out prominently, as worthy of admiration and emulation. As Dryden says, the design of an epic is to form the mind to heroic virtue by example. Under circumstances similar to those which happened to Kannaki, some women would have paid unkindness with unkind- ness, some would have retaliated against their husbands and some would have deserted the home of their husbands when forsaken. But Kannaki was of a different mettle and chose a more difficult course of action; hence she is remembered by posterity.

Romance and supernatural elements also find a place in the epic. There are fabulous and incredible elements of wonderland in Canto XI (Kadu Kan). The under- ground passages and corridors alluded to by Varottamai read like a romance. Ilanko makes this account both fantastic and lively. The episode of Vana devathai, trying to seduce Kovalan, is delightful, though at the super- natural level. We are reminded of Homer's elements of the Fairyland and Virgil's transformation of Aenea's ships into nymphs, when we read the account of a mischievous,


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 Böttgher was promised his full liberty; but the offer came too late. Broken in body and mind, alternately working and drinking, though with occasional gleams of nobler intention, and suffering under constant ill-health, the result of his enforced confinement, Böttgher lingered on for a few years more, until death freed him from his sufferings on the 13th of March, 1719, in the thirty-fifth year of his age. He was buried at night—as if he had been a dog—in the Johannis Cemetery of Meissen. Such was the treatment, and such the unhappy end, of one of Saxony's greatest benefactors.

The porcelain manufacture immediately opened up an important source of public revenue, and it became so productive to the Elector of Saxony, that his example was shortly after followed by most European monarchs. Although soft porcelain had been made at St. Cloud fourteen years before Böttgher's discovery, the superiority of the hard porcelain soon became generally recognized. Its manufacture was begun at Sèvres in 1770, and it has since almost entirely superseded the softer material. This is now one of the most thriving branches of French industry, of which the high quality of the articles produced is certainly indisputable.

The career of Josiah Wedgwood, the English potter, was less chequered and more prosperous than that of either Palissy or Böttgher, and his lot was cast in happier times. Down to the middle of the eighteenth century England was behind most other nations of the first order in Europe in respect of skilled industry. Although there were many potters in Staffordshire—and Wedgwood himself belonged to a numerous clan of potters of the same


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volume is the result of nearly forty years' loving study of the Flute and everything connected with it. In addition to the knowledge acquired by many years of orchestral and chamber music playing, hundreds of volumes have been consulted in the Bibliothéque Nationale of Paris, the British Museum, the Bodleian, Dublin University, and other Public Libraries.

Whilst availing myself freely of the labours of my predecessors in the same field, I have verified their statements as far as possible. I desire to thank the various flautists, European and American, who have supplied me with much valuable information.

In conclusion, I pray my readers to excuse any slips I may have inadvertently made; wishing them (in the words of old Quarles) "as much pleasure in the reading as I had in the writing."

H. MACAULAY FITZGIBBON.


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this summer of 1846, while her literary hopes were waning, an anxiety of another kind was increasing. Her father's eyesight had become seriously impaired by the progress of the cataract which was forming. He was nearly blind. He could grope his way about, and recognise the figures of those he knew well, when they were placed against a strong light; but he could no longer see to read; and thus his eager appetite for knowledge and information of all kinds was severely balked. He continued to preach. I have heard that he was led up into the pulpit, and that his sermons were never so effective as when he stood there, a grey sightless old man, his blind eyes looking out straight before him, while the words that came from his lips had all the vigour and force of his best days. Another fact has been mentioned to me, curious as showing the accurateness of VOL. II.


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Mr. Pawle, an alert-looking, sharp-eyed little man, whom Viner at once recognized as having been present in the magistrate's court when Hyde was brought up, smiled as he shook hands with the new visitor.

"You don't know me, Mr. Viner," he said. "But I knew your father very well—he and I did a lot of business together in our time. You haven't followed his profession, I gather?"

"I'm afraid I haven't any profession, Mr. Pawle," answered Viner. "I'm a student—and a bit, a very little bit, of a writer."

"Aye, well, your father was a bit in that way too," remarked Mr. Pawle. "I remember that he was a great collector of books—you have his library, no doubt?"

"Yes, and I'm always adding to it," said Viner. "I shall be glad to show you my additions, any time."

Mr. Pawle turned to the two ladies, waving his hand at Viner.

"Knew his father most intimately," he said, as if he were guaranteeing the younger man's status. "Fine fellow, was Stephen Viner. Well," he continued, dropping into a chair, and pointing Viner to another, "this is a sad business that we've got con-


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 cerned in, young man! Now, what do you think of the proceedings we've just heard? Your opinion, Mr. Viner, is probably better worth having than anybody's, for you saw this fellow running away from the scene, and you found my unfortunate client lying dead. What, frankly, is your opinion?"

"I had better tell you something that's just happened," replied Viner. He went on to repeat the statements which Hyde had just made to Drillford and himself. "My opinion," he concluded, "is that Hyde is speaking the plain truth—that all he really did was, as he affirms, to pick up that ring and run away. I don't believe he murdered Mr. Ashton, and I'm going to do my best to clear him."

He looked round from one listener to another, seeking opinion from each. Mr. Pawle maintained a professional imperturbability; Mrs. Killenhall looked mildly excited on hearing this new theory. But from Miss Wickham, Viner got a flash of intelligent comprehension.

"The real thing is this," she said, "none of us know anything about Mr. Ashton, really. He may have had enemies."

Pawle rubbed his chin; the action suggested perplexity.

"Miss Wickham is quite right," he said. "Mr. Ashton is more or less a man of mystery. He had been here in England two months. His ward knows next to nothing about him, except that she was left in his guardianship many a year ago, that he sent her to England, to school, and that he recently joined her here. Mrs. Killenhall knows no more than that he engaged her as chaperon to his ward, and that


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 they exchanged references. His references were to his bankers and to me. But neither his bankers nor I know anything of him, except that he was a very well-to-do man. I can tell precisely what his bankers know. It is merely this: he transferred his banking-account from an Australian bank to them on coming to London. I saw them this morning on first getting the news. They have about two hundred thousand pounds lying to his credit. That's absolutely all they know about him—all!"

"The Australian bankers would know more," suggested Viner.

"Precisely!" agreed Mr. Pawle. "We can get news from them, in time. But now, what do I know? No more than this—Mr. Ashton called on me about six or seven weeks ago, told me that he was an Australian who had come to settle in London, that he was pretty well off, and that he wanted to make a will. We drafted a will on his instructions, and he duly executed it. Here it is! Miss Wickham has just seen it. Mr. Ashton has left every penny he had to Miss Wickham. He told me she was the only child of an old friend of his, who had given her into his care on his death out in Australia, some years ago, and that as he, Ashton, had no near relations, he had always intended to leave her all he had. And so he has, without condition, or reservation, or anything—all is yours, Miss Wickham, and I'm your executor. But now," continued Mr. Pawle, "how far does this take us toward solving the mystery of my client's death? So far as I can see, next to nowhere! And I am certain of this, Mr. Viner: if we are going to solve it, and if this old school friend of


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 yours is being unjustly accused, and is to be cleared, we must find out more about Ashton's doings since he came to London. The secret lies—there!"

"I quite agree," answered Viner. "But—who knows anything?"

Mr. Pawle looked at the two ladies.

"That's a stiff question!" he said. "The bankers tell me that Ashton only called on them two or three times; he called on me not oftener; neither they nor I ever had much conversation with him. These two ladies should know more about him than anybody—but they seem to know little."

Viner, who was sitting opposite to her, looked at Miss Wickham.

"You must know something about his daily life?" he said. "What did he do with himself?"

"We told you and the police-inspector pretty nearly all we know, last night," replied Miss Wickham. "As a rule, he used to go out of a morning—I think, from his conversation, he used to go down to the City. I don't think it was on business: I think, he liked to look about him. Sometimes he came home to lunch; sometimes he didn't. Very often in the afternoon he took us for motor-rides into the country—sometimes he took us to the theatres. He used to go out a good deal, alone at night—we don't know where."

"Did he ever mention any club?" asked Mr. Pawle.

"No, never!" replied Miss Wickham. "He was reticent about himself—always very kind and thoughtful and considerate for Mrs. Killenhall and myself, but he was a reserved man."

"Did he ever have any one to see him?" in-


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 quired the solicitor. "Any men to dine, or anything of that sort?"

"No—not once. No one has ever even called on him," said Miss Wickham. "We have had two or three dinner-parties, but the people who came were friends of mine—two or three girls whom I knew at school, who are now married and live in London."

"A lonely sort of man!" commented Mr. Pawle. "Yet—he must have known people. Where did he go when he went into the City? Where did he go at night? There must be somebody somewhere who can tell more about him. I think it will be well if I ask for information through the newspapers."

"There is one matter we haven't mentioned," said Mrs. Killenhall. "Just after we got settled down here, Mr. Ashton went away for some days—three or four days. That, of course, may be quite insignificant."

"Do you know where he went?" asked Mr. Pawle.

"No, we don't know," answered Mrs. Killenhall. "He went away one Monday morning, saying that now everything was in order we could spare him for a few days. He returned on the following Thursday or Friday,—I forget which,—but he didn't tell us where he had been."

"You don't think any of the servants would know?" asked Mr. Pawle.

"Oh, dear me, no!" replied Mrs. Killenhall. "He was the sort of man who rarely speaks to his servants—except when he wanted something."

Mr. Pawle looked at his watch and rose.

"Well!" he said. "We shall have to find out more about my late client's habits and whom he knew in


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 London. There may have been a motive for this murder of which we know nothing. Are you coming, Mr. Viner? I should like a word with you!"

Viner, too, had risen; he looked at Miss Wickham.

"I hope my aunt called on you this morning?" he asked. "I was coming with her, but I had to go round to the police-station."

"She did call, and she was very kind indeed, thank you," said Miss Wickham. "I hope she'll come again."

"We shall both be glad to do anything," said Viner. "Please don't hesitate about sending round for me if there's anything at all I can do." He followed Mr. Pawle into the square, and turned him towards his own house. "Come and lunch with me," he said. "We can talk over this at our leisure."

"Thank you—I will," answered Mr. Pawle. "Very pleased. Between you and me, Mr. Viner, this is a very queer business. I'm quite prepared to believe the story that young fellow Hyde tells. I wish he'd told it straight out in court. But you must see that he's in a very dangerous position—very dangerous indeed! The police, of course, won't credit a word of his tale—not they! They've got a strong prima facie case against him, and they'll follow it up for all they're worth. The real thing to do, if you're to save him, is to find the real murderer. And to do that, you'll need all your wits! If one only had some theory!"

Viner introduced Mr. Pawle to Miss Penkridge with the remark that she was something of an authority in mysteries, and as soon as they had sat down to lunch, told her of Langton Hyde and his statement.


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 "Just so!" said Miss Penkridge dryly. "That's much more likely to be the real truth than that this lad killed Ashton. There's a great deal more in this murder than is on the surface, and I dare say Mr. Pawle agrees with me."

"I dare say I do," assented Mr. Pawle. "The difficulty is—how to penetrate into the thick cloak of mystery."

"When I was round there, at Number Seven, this morning," observed Miss Penkridge, "those two talked very freely to me about Mr. Ashton. Now, there's one thing struck me at once—there must be men in London who knew him. He couldn't go out and about, as he evidently did, without meeting men. Even if it wasn't in business, he'd meet men somewhere. And if I were you, I should invite men who knew him to come forward and tell what they know."

"It shall be done—very good advice, ma'am," said Mr. Pawle.

"And there's another thing," said Miss Penkridge. "I should find out what can be told about Mr. Ashton where he came from. I believe you can get telegraphic information from Australia within a few hours. Why not go to the expense—when there's so much at stake? Depend upon it, the real secret of this murder lies back in the past—perhaps the far past."

"That too shall be done," agreed Mr. Pawle. "I shouldn't be surprised if you're right."

"In my opinion," remarked Miss Penkridge, dryly, "the robbing of this dead man was all a blind. Robbery wasn't the motive. Murder was the thing in view! And why? It may have been revenge. It


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 may be that Ashton had to be got out of the way. And I shouldn't wonder a bit if that isn't at the bottom of it, which is at the top and bottom of pretty nearly everything!"

"And that, ma'am?" asked Mr. Pawle, who evidently admired Miss Penkridge's shrewd observations, "that is what, now?"

"Money!" said Miss Penkridge. "Money!"

The old solicitor went away, promising to get to work on the lines suggested by Miss Penkridge, and next day he telephoned to Viner asking him to go down to his offices in Bedford Row. Viner hurried off, and on arriving found Mr. Pawle with a cablegram before him.

"I sent a pretty long message to Melbourne, to Ashton's old bankers, as soon as I left you yesterday," he said. "I gave them the news of his murder, and asked for certain information. Here's their answer. I rang you up as soon as I got it."

Viner read the cablegram carefully:

"What do you think of that?" asked Mr. Pawle. "Not much in it, is there?"

"There's the mention of two men who might know something of Ashton's habits," said Viner. "If Fosdick and Stephens are still in England and were


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 Ashton's friends, one would naturally conclude that he'd seen them sometimes. Yet we haven't heard of their ever going to his house."

"We can be quite certain that they never did—from what the two ladies say," remarked Mr. Pawle. "Perhaps they don't live in London. I'll advertise for both. But now, here's another matter. I asked these people if they could tell me anything about Wickham, the father of this girl to whom Ashton's left his very considerable fortune. Well, you see, they can't. Now, it's a very curious thing, but Miss Wickham has no papers, has, in fact, nothing whatever to prove her identity. Nor have I. Ashton left nothing of that sort. I know no more, and she knows no more, than what he told both of us—that her father died when she was a mere child, her mother already being dead, that the father left her in Ashton's guardianship, and that Ashton, after sending her here to school, eventually came and took her to live with him. There isn't a single document really to show who she is, who her father was, or anything about her family."

"Is that very important?" asked Viner.

"It's decidedly odd!" said Mr. Pawle. "This affair seems to be getting more mysterious than ever."

"What's to be done next?" inquired Viner.

"Well, the newspapers are always very good about that," answered the solicitor. "I'm getting them to insert paragraphs asking the two men, Fosdick and Stephens, to come forward and tell us if they've seen anything of Ashton since he came to England; I'm also asking if anybody can tell us where Ashton was when he went away from home on that visit that Mrs. Killenhall spoke of. If—"


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 Just then a clerk came into Mr. Pawle's room, and bending down to him, whispered a few words which evidently occasioned him great surprise.

"At once!" he said. "Bring them straight in, Parkinson. God bless me!" he exclaimed, turning to Viner. "Here are the two men in question—Fosdick and Stephens! Saw our name in the paper as Ashton's solicitors and want to see me urgently."


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 Yet, the passage soon grew wider, the way more even; and we had not proceeded a minute, when we came into a vaulted cave, which apparently formerly was a cellar. We discovered, in the back part, a second receptacle, furnished with a table and chairs, that were pretty new. On examining the table, I found that a piece had recently been cut out of it; and it appeared to me that some person had attempted to obliterate a character which seemed to have been cut into the wood. After a more minute inspection, I discovered some traces of an E.

I could not guess, at first, what that letter could mean, but recollected, at last, that the Count had the singular custom to delineate frequently such an E in the sand, or to cut it into the bark of trees; and I ere now suspected that letter to be the first character of the name of a former mistress. I discovered nothing else besides this; neither a new avenue, nor a continuation of the vault. I had ordered all

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The two men who were presently ushered in were typical Colonials—big, hefty fellows as yet in early middle age, alert, evidently prosperous, if their attire and appointments were anything to go by, and each was obviously deeply interested in the occasion of his visit to Mr. Pawle. Two pairs of quick eyes took in the old solicitor and his companion, and the elder of the men came forward in a businesslike manner.

"Mr. Pawle, I understand?" he said. "I'm Mr. Fosdick, of Melbourne, Victoria; this is my friend Mr. Stephens, same place."

"Take a seat, Mr. Fosdick—have this chair, Mr. Stephens," responded Mr. Pawle. "You wish to see me—on business?"

"That's so," answered Fosdick as the two men seated themselves by the solicitor's desk. "We saw your name in the newspapers this morning in connection with the murder of John Ashton. Now, we knew John Ashton—he was a Melbourne man, too—and we can tell something about him. So we came to you instead of the police. Because, Mr. Pawle, what we can tell is maybe more a matter for a lawyer than for a policeman. It's mysterious."

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 you. I recognized your names as soon as my clerk announced them. Here's a cablegram which I have just received from Melbourne—you'll see your names mentioned in it."

The two callers bent over the cablegram, and Fosdick looked up and nodded.

"Yes, that's right," he said. "We came over with John Ashton in the Maraquibo. We knew him pretty well before that—most folk in Melbourne did. But of course, we were thrown into his company on board ship rather more than we'd ever been before. And we very much regret to hear of what's happened to him."

"You say there is something you can tell?" observed Mr. Pawle. "If it's anything that will help to solve the mystery of this murder,—for there is a mystery,—I shall be very glad to hear it."

Fosdick and Stephens glanced at each other and then at Viner, who sat a little in Mr. Pawle's rear.

"Partner of yours?" asked Fosdick.

"Not at all! This gentleman," replied Mr. Pawle, "is Mr. Viner. It was he who found Ashton's dead body. They were neighbours."

"Well, you found the body of a very worthy man, sir," remarked Fosdick gravely. "And we'd like to do something toward finding the man who killed him. For we don't think it was this young fellow who's charged with it, nor that robbery was the motive. We think John Ashton was—removed. Put out of the way!"

"Why, now?" asked Mr. Pawle.

"I'll tell you," replied Fosdick. "My friend Stephens, here, is a man of few words; he credits me


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 with more talkativeness than he'll lay claim to. So I'm to tell the tale. There mayn't be much in it, and there may be a lot. We think there's a big lot! But this is what it comes to: Ashton was a close man, a reserved man. However, one night, when the three of us were having a quiet cigar in a corner of the smoking saloon in the Maraquibo, he opened out to us a bit. We'd been talking about getting over to England—we'd all three emigrated, you'll understand, when we were very young—and the talk ran on what we'd do. Fosdick and Stephens, d'ye see, were only on a visit,—which is just coming to an end, Mr. Pawle; we sail home in a day or two,—but Ashton was turning home for good. And he said to us, in a sort of burst of confidence, that he'd have plenty to do when he landed. He said that he was in possession—sole possession—of a most extraordinary secret, the revelation of which would affect one of the first families in England, and he was going to bring it out as soon as he'd got settled down in London. Well—you may be surprised, but—that's all."

"All you can tell?" exclaimed Mr. Pawle.

"All! But we can see plenty in it," said Fosdick. "Our notion is that Ashton was murdered by somebody who didn't want that secret to come out. Now, you see if events don't prove we're right."

"Gentlemen," said Mr. Pawle, "allow me to ask you a few questions."

"Many as you please, sir," assented Fosdick. "We'll answer anything."

"He didn't tell you what the secret was?" asked Mr. Pawle.

"No. He said we'd know more about it in time,"