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 in mind did not perveice that she beckoned him so far in order that he might say the word, and then that they might reach the end in view. Poldik only gathered from her reply that he was not to be admitted to her table or to eat in her company. “At present she thinks she couldn’t yet”, he said to himself, and then wondered when the happy hour would come. And though it was his Sunday dinner and Malka had taken particular pains with it, Poldik scarcely smiled, and scarcely praised her cookery.

When the meal was over, Malka said, “Dear me, Poldik, aren’t you going anywhere this fine Sunday?”

Here Poldik did smile again, for he more easily understood this immediate project.

“Malka, would you like?” he said.

“I should like to have a look at Nussle or Liska [i.e. the Fox inn] well enough—wait just a moment till I have changed my things.”

Once again Poldik thought the world fairer by a whole Sunday. Only to think that he should never have hit upon the device of inviting her to take a walk with him, and there was Malka inviting him herself! True she had excluded him from one thing, but then she had freely invited him to another. And it almost seemed to Poldik that the second thing had the greater value. What was dinner? It only lasted an instant. But an outing with her lasted the whole afternoon until evening.

Then Malka came, and she was dressed in her best. Poldik chuckled with delight when he saw how it became her, and thought that there was none to compare with Malka. And proud he felt as he marched through the streets with her on his arm. He felt young again at her side, and he quite forgot his sluggish unsteady pace, and stepped out as if he had never tramped behind a scavenger’s cart and his horses. He never could have believed himself capable of so much animation. And he felt glad when he realized that he was; and he began to love Malka more and more for that very reason.

After a time they went into some gardens, seated themselves at a table, and Poldik treated Malka. It was beyond everything dear to him to have a being beside him who was pleased to be seated near him, and who was glad that they had gone out and were there together. Poldik looked smilingly at her as at a fair picture, and all through that afternoon he felt as if he must say continually how he loved her. But he did not say it. Indeed all he


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 managed to force himself to say was, “Well then, Malka, when are we two to pair off?”

“That is for you to settle Poldik, dear”, responded Malka. And here Poldik thought that he knew everything, and that he had need of nothing more in the world.

ROM that day Poldik considered himself strictly and formally engaged to marry Malka. All the domestic arrangements which he made had a speedy marriage in view, now he ceased to think of himself that Malka also might not be too much in his thoughts; but, of course, you know how one feels under similar circumstances.

It came to pass once at midday, and yet more frequently later on, that Poldik was obliged to desert the shadows of the lofty wall and drive some hundred paces further to the river-side, to Naplavka. He was delighted to watch Malka with the dinner searching in vain for him in the old place, and Malka, too, was delighted when she found him at last close to the margin of the river.

Here Malka enjoyed herself vastly, and she told Poldik that he was to halt here more frequently in future for the midday meal under the shade of the tall poplar, for it was far pleasanter here than by that old wall yonder.

And it was pleasanter by the shore, boats laden with sand lay to, and smaller skiffs kept circling round them, and in these smaller boats were wherrymen punting about. The distant view upon the water, too, everything was better than yonder by that lofty deserted wall.

On the Quay Malka was considered in the light of Poldik’s future bride, and thus many a joke passed between them and the folk there present when Poldik took his dinner from Malka’s basket.

The next day Malka brought the dinner straight to the shore. And she was still more pleased with the scene than she had been the day before. I know not what called Poldik away for a moment, but in his absence Malka stole down close to the water’s edge, and said half to herself, “How I should like a trip on the water.”


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 I also know not whether these words were a simple soliloquy, but they caught the ear of one of the wherrymen, who gallantly replied, “Sit down in my skiff, and we will have a lark.” Malka looked at him and did not answer. Perhaps she considered the whole affair a joke. But the wherryman understood it for earnest. “Only just a minute,” said he, “before Poldik comes back we will be ashore again.”

Before she expected it the little skiff lay close by the shore at Malka’s feet. She need only take one step forward, and she would be afloat. The young wherryman stood all prepared as if he were a winged being, and as if his whole attitude was an embodiment of the words “Come and let us flutter about”. He was like an embodied smile, like an embodied jest. Everything in him was playful, everything in him was so full of gaiety that it was hard to resist. His eyes alone were a comedy, his words were like snatches of merry songs—Malka never meant it, and lo! there she was sitting in his skiff.

The skiff acquired wings; a few strokes, and it was in the middle of the river. The river smiled around them, the heavens smiled above them, when Malka looked at the young waterman he smiled, too. Everything was smiling; Malka also was smiling.

And then they looked from the middle of the river, and watched Poldik as he slowly returned to the shore.

“Never mind,” said the young waterman, “before he gets back we can yet take a look somewhere else.” And again he plied the oar, and they seemed to fly along; like a fives ball they were at Podskali, not far from Vysehrad [High burgh], and like a fives ball they were back again. And they stopped again in the middle of the river just as Poldik was returning to his vehicle which stood by the shore.

When he reached it some of the bystanders exclaimed, “Your bride has eloped, Poldik, look! yonder. Francis has carried her off”, and they laughed.

Poldik looked in the direction whither the wherrymen pointed; there from the skiff Francis and Malka looked smilingly at him, and Francis shouted, “Now she wishes me to tell you that she is faithless to you”, and Malka shouted to the shore, “Wait a minute, Poldik dear, I will be there directly.”

Poldik also laughed feebly, all laughed and joked, and so it may be concluded that they were all very merry at the Quay that noon. Rh


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 '''II. Article III Standing'''

The Cetacean court held that all of the world’s whales, dolphins, and porpoises (the “Cetaceans”), through their self-appointed lawyer, alleged facts sufficient to establish standing under Article III. 386 F.3d at 1175. The Cetaceans alleged concrete physical injuries caused by the Navy’s sonar systems in a suit brought by the “self-appointed attorney for all of the world’s whales, porpoises, and dolphins.” Id. at 1171. The Ninth Circuit made clear that the “sole plaintiff in this case” is the Cetaceans and did not discuss “next friend” or third-party standing. Id. Although the Ninth Circuit affirmed the district court’s dismissal because the Cetaceans lacked statutory standing under the environmental statutes at issue in that ease, the court stated that “Article III does not compel the conclusion that a statutorily authorized suit in the name of an animal is not a ‘case or controversy.’ ” Id. at 1175.

Here, the complaint alleges that Naruto is the author and owner of the Monkey Selfies. The complaint further alleges that Naruto has suffered concrete and particularized economic harms as a result of the infringing conduct by the Appellees, harms that can be redressed by a judgment declaring Naruto as the author and owner of the Monkey Selfies. Under Cetacean, the complaint includes facts sufficient to establish Article III standing.

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 Poldik waited for Malka a minute or two; but when she and Francis only dallied amidstream to teaze him, he shouted, “Malka, I must now be off!”

“We too”, shouted Francis from the river to the bank; and he laughed, and before any one expected it he was again pulling hard against the stream. The skiff was soon concealed behind larger craft, vanished from sight and, perhaps, was already again somewhere under Vysehrad.

Poldik stood waiting for Malka, hoping that she might yet soon return. But she did not return, and the wherrymen began now to laugh at Poldik in earnest.

“She has taken a small outing”, said one. “She wants to enjoy her freedom a little longer; Francis is showing her the world”, said another. “What matter! Francis knows the world, and he knows how to show it, too”, said others again.

Such was the tenor of the observations sarcastically interchanged among the bystanders.

Here Poldik suddenly turned his vehicle round loaded with sand, and tarried no longer. When he drove away his first word was “Heesta!” His horses got a severe belabouring until at last they flung out with their hoofs, and after this Poldik discharged a whole volley of oaths. But with this volley his store of ammunition seemed to become exhausted, and a considerable portion of the road and several streets were passed, and Poldik neither swore nor smacked his whip nor cried “gee-up” to his horses. He looked continually at the cobble-stones as if he had lost something among them, and was now searching for it.

He had been already some time at this amusement before Francis returned with the little boat on which he had given Malka a trip. “To-morrow we must take another trip”, said the young waterman to Malka when she stepped out upon the beach.

“Poldik has gone off on account of you”, said the wherrymen.

“He is in a precious huff on your account”, added others.

And they laughed; Malka also laughed. Malka thought that she would meet Poldik and excuse herself, but she did not meet him. The next day Poldik halted for the dinner-hour in the old place by the high wall, and there waited until Malka should bring his dinner. He had already looked eagerly on his way thither to see whether she was following him, in order that he might give her a lift. But he did not see her, and waited a pretty long time in vain expectation of her.


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 Otherwise no signs of vexation were visible in him, perhaps he had slept or driven off his annoyance of yesterday.

They greeted one another, and when Malka had produced the dinner from her basket—“I am just going to have a look at the water for a minute”, said she, and away she went.

Here it appeared to Poldik as if he had already dined. Whether he ate or not he himself scarcely knew, but he soon got himself and his horse under weigh without waiting until they had satisfied their hunger, threw the basket with the fragments of his meal into the cart, drove off to the beach for sand, and asked half mechanically, “Where is she?”

“Ask Francis when he returns with her”, said one of the wherrymen who was loading his cart with sand.

Poldik asked no more nor said another word, but as he was driving off he put Malka’s basket with the plates and knives and spoons on to a boat which was loaded with sand, and said generally to those on board, “When Malka returns tell her I shall not require dinner to-morrow.”

This speech seemed to the sandmen and wherrymen somewhat too serious to be considered a mere matter for jest, and as jest they had hitherto looked upon all which had been enacted at the quay-side.

“But, but!”—began some attempting to humour Poldik—“who would take matters so seriously all at once?”

But Poldik paid scanty attention to what they said, and vanished with his vehicle as quickly as Francis had done with the skiff on which he was giving Malka a trip.

And this time Francis and Malka were really long in returning. They must have put in somewhere or other beyond Vysehrad, otherwise wherever they had gone they could have already returned. Poldik was already a second time at the quay for sand, when the wherrymen shouted, “Look, there they go!”

Poldik did not look to see who was going or where they were going—he only made haste to finish the loading of his cart before the skiff had reached the shore. And he had just finished as they lay to, and Malka stepped smiling out of the skiff, on which the jolly waterman remained smiling also. Though Malka stepped out off the skiff as quickly as she could, she did not move quickly enough to stop Poldik, who was just that instant driving off and discharging upon his horses every oath in his vocabulary like a shower of hail. Rh


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 When Malka took her basket and the remains of the untasted dinner, some of the men who were loading sand said, “Poldik wishes us to tell you that to-morrow he will not require dinner.”

Malka at these words felt somewhat conscience-stricken, but she soon recovered herself when the waterman said to her, “Anyhow, bring the dinner, and to-morrow we will have another trip in my skiff.”

This time, at all events, Malka made every effort still to overtake Poldik; perhaps she felt that she was bound to excuse herself, even though she could not wholly exonerate herself from suspicion. Poldik for once seemed not to be driving scavenger’s horses, nor himself to wear the buskin of a scavenger—he had vanished, and there was not a trace of him.

When Poldik came home that evening Malka prepared to visit him at the stables, and there to have the quarrel out which, to tell the truth, was not yet well begun. But Poldik had no sooner covered up his horses for the night than he vanished from the stable and the house, so that not a single trace of him remained, and Malka did not tarry for him.

And when she brought dinner for Poldik on the following day, she neither found him by the high wall nor at the beach at Naplavka. “Tis true the jolly waterman was waiting there with the skiff, and invited her with looks and words and nods and smiles to seat herself beside him, for he had long waited. But Malka turned aside, and went back through those streets in which she thought she might perhaps meet Poldik. She did not meet him, but seeing his vehicle at the ale-house where he frequently stopped, and in which his comrades often took their half pint, she followed him into the house and placed his dinner beside him on the table.

“Pray, what do you want here”, said Poldik gruffly, just as when he meant to swear at his horses.

“I am bringing dinner for you, Poldik, dear”, said Malka, and attempted to set all to rights with a smile.

“What is the good of bringing dinner to an ale-house”, said Poldik in reply.

But Malka paying no attention to this objection, none the less placed the dinner on the table, and bade Poldik to eat.

“What is the good of bringing dinner to an ale-house”, repeated Poldik gruffly, and so saying he tipped over everything that was on the table, so that Malka’s proffered gift, knives, spoons, and broken crockery rolled in a pretty hash upon the floor.


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 The languid eyes of Mary re-kindled at these words, she glowed with the hope of clasping once more to her bosom her long lost brother; but the suffusions of hope were soon chaced by the chilly touch of fear, for it was Alleyn who was to lead the enterprize, and it was Alleyn who might fall in the attempt. These contrary emotions unveiled to her at once the state of her affections, and she saw in the eye of fancy, the long train of inquietudes and sorrows which were likely to ensue. She sought to obliterate from her mind every remembrance of the past, and of the fatal knowledge which was now disclosed to her, but she sought in vain, for the monitor in her breast constantly presented to her mind the image of Alleyn, adorned with those brave and manly virtues which had so eminently distinguished his conduct; the insignificance of the peasant was lost in the nobility of the character and every effort at forgetfulness was baffled.

Alleyn passed that night at the castle, and the next morning, after taking leave of the Countess and her daughter, to whom his eyes bade a respectful and mournful adieu, he departed with Edric, for his father's cottage, impatient to acquaint the good old man with his safety, and to rouse to arms his slumbering friends The breath of love had now raised into flame those sparks of ambition which had so long been kindling in his breast; he was not only eager to avenge the cause of injured virtue, and to rescue from misery and death, the son of the Chief whom he had been ever taught to reverence, but he panted to avenge the insult offered to his mistress, and to achieve some deed of valour worthy her admiration and her thanks.

Alleyn found his father at breakfast, with his niece at his side; his face was darkened with sorrow, and he did not perceive Alleyn when he entered. The joy of the old man almost overcame him, when he beheld his son in safety, for he was the solace of his declining years; and Edric was welcomed with the heartiness of an old friend.

Meanwhile the Earl remained a solitary prisoner


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 Hereupon Malka had recourse to weeping, and through her tears declared that her fault did not deserve to be remembered, and that he had shamed her before everybody in the ale-house. What a rumpus he made about one little pleasure-trip on the water, and when she had never been anywhere all that year, and had only gone such a little distance. And more she said to the same effect. She added that she would go again on the water deliberately, and that Poldik had no business to take on so about it.

But to-day Poldik was quite inaccessible to reason; when Malka said that she was going again on the water and did not go, he got up and thundered out, “Well, go then at once if thou dost not I wish to be made a hash of like thine own dinner.”

And he spoke each word as if it was a stone. We know that Poldik seldom spoke, and that he never spoke a word more, but rather several words less than he meant. Consequently, when he pronounced these words with so much precision, there was nothing for it but to consider them meant seriously. Malka had recourse to a yet more violent flood of tears, but wasted no more words on him, and soon marched off. Those bystanders who were present in the ale-house with mine host at their head, posted themselves round Poldik, whom they generally reputed to be a man of thoroughly temperate thoughts and habits, and endeavoured by peaceful words to persuade him to reconcile himself with his mistress. “Let him sleep upon it.” “Everything will soon come straight.” “Things like this will occur at times.” “But a man ought not to take on so.” “What would matters come to, if—?" and so forth.

Poldik sat by his table, covered his features with both his horny hands and never stirred. Whether he listened to what the bystanders, sympathizing more or less with his hard fate, said to him, I know not: but when they ceased speaking, Poldik made no response. So that at the conclusion of those well-intended words a silence occurred, such as we are accustomed to call “a torturing pause”. And after that pause, the bystanders began to talk among themselves about indifferent matters, relating to their several trades or occupations; but during their indifferent remarks all kept their eyes fixed on Poldik, so that any one at all versed in the customs of the people, who had entered the house at that moment, must have guessed the conversation of those present was so commonplace and insipid, because they wished to spare him whose face was buried in his palms.


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 Their conversation went to say on tiptoe, for fear of outraging that which not long before had been raging very tempestuously.

Poldik suddenly burst in upon these placable remarks with the following monologue:—“Dotards, liars! And they tell us that God looks at the heart! He looks not at all at the heart. He allows the heart of him who hath one to be wrung from him—to be torn in pieces, and then the people flock around to laugh at those pieces as at the crucified Jesus. Yes! look at my heart! See how they pierce it but let them torture it. All your talking is not worthy that I should write it down on paper and then light my pipe with the paper.”

At these words all present looked at one another, and pointed to their foreheads as if they would say, “His reason has given way.”

FTER this scene Malka took her to the water-side, even when Poldik so pitilessly drove her away from him. She went with a faint notion that perhaps Poldik would soon follow her there himself, and that it would be easier to come to an understanding by the water-side than in the ale-house. But Poldik and cart never appeared, at least they did not appear so quickly as Malka thought they would. And when they did appear nothing more was to be seen of Malka, she was already with Francis in the skiff, and the skiff was—the Lord knows where.

For they had not by any means done with one another.

And we must say that Malka on the water recovered her spirits surprisingly soon. On the whole she liked life on the water far better than life in the street. Also, hitherto life with Francis had been far more agreeable to her than life with Poldik.

In the streets went on a monotonous, unexciting, sluggish, actually clattering carting of sand. Here on the water life acquired wings, and was swift, bird-like, and diversified. And such as the street was Poldik, and such as the water was Francis. With Poldik, before a thought got clothed in words, no brief interval of time was needed. With Francis a word was like a look. He could speak without let or stay, and never was in want of a topic. What a perfect convulsion of nature took place before Poldik managed to say that he loved her. Francis had said it to her at once with-


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 them down, one after other, into the splash of the water, and watch them go to the bottom first, and then come up and fight for it, with a blowing and a bubbling. It is a very fair sight to watch, when you know there is little danger, because although the pool is deep, the current is sure to wash a boy up on the stones, where the end of the depth is. As for me, they had no need to throw me more than once, because I jumped of my own accord, thinking small things of the Lowman, after the violent Lynn. Nevertheless, I learnt to swim there, as all the other boys did; for the greatest point in learning that, is to find that you must do it. I loved the water naturally, and could not long be out of it; but even the boys who hated it most, came to swim in some fashion or other, after they had been flung for a year or two into the Taunton pool.

But now, although my sister Annie came to keep me company, and was not to be parted from me by the tricks of the Lynn stream, because I put her on my back and carried her across, whenever she could not leap it, or tuck up her things and take the stones; yet so it happened that neither of us had been up the Bagworthy water. We knew that it brought a good stream down, as full of fish as of pebbles; and we thought that it must be very pretty to make a way where no way was, nor even a bullock came down to drink. But whether we were afraid or not, I am sure I cannot tell, because it is so long ago; but I think that had something to do with it. For Bagworthy water ran out of Doone valley, a mile or so from the mouth of it.


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 Docket No. SA-107

Adopted: February 1, 1946

An air collision between TA's Flight 47, en route from Chicago to Kansas City, and a privately-owned Boeing trainer on a local flight approximately 7 miles southwest of the Chicago Municipal Airport.on September 20, 1945, resulted in destruction of the Boeing and fatal injuries to its pilot and passenger. Extensive damage to the DC3's night wing was sustained in the collision but the aircraft was landed at the Chicago Municipal Airport without further damage and without injury to either occupant.

TWA's Flight 47 of September 26, 1945, departed from Chicago or Kansas City at 1312 CET ,on a scheduled cargo run without passengers. It was given an instrument clearance to cruise at 4000 feet to Kancas City maintaining 2000 feet to Yorkville, Illinois.

The Boeing pilot, occupying the rear seat, had taken off with a passenger from the Ravenswood, Illinois, Airport (about 10 miles north of the scene of the accident) at approximately 1230. After two practice landings he left the vicinity of the airport. The collision of the two aircraft occurred about 1317 after Flight 41 had reached its 2000-foot altitude (1300 feet above the 700-foot terrain). and was proceeding westerly on the airway to Kansas City. The Boeing was headed south. The upper right wing of the Boeing was destroyed by the right wing of the airliner and the Boeing fell almost vertically to the ground. Both occupants were killed. Apparently neither attempted to jump although both were equipped with parachutes. Despite extensive damage to the leading edge of its right wing the DC3 landed at the Chicago Municipal Airport without further damage and without injury to either occupant.

Examination of the aircraft revealed that the right upper wing of the Boeing had disintegrated before impact with the ground. The inter-plane strut fittings from both spars of this wing were found embedded in the leading edge of the DC3's right wing. The top of the Boing rudder and much of the fabric from the top of the upper right wing were also


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The Tempest, III. ii

Ste. Tell not me:—when the butt is out, we

will drink water; not a drop before: therefore

bear up, and board 'em.—Servant-monster, drink

to me.

Trin. Servant-monster! the folly of this

island! They say there's but five upon this isle:

we are three of them; if th' other two be brained

like us, the state totters.

Ste. Drink, servant-monster, when I bid thee:

thy eyes are almost set in thy head.

Trin. Where should they be set else? he

were a brave monster indeed, if they were set

in his tail.

Ste. My man-monster hath drowned his tongue

in sack: for my part, the sea cannot drown

me; I swam, ere I could recover the shore, five-

and-thirty leagues, off and on, by this light.

Thou shalt be my lieutenant, monster, or my

standard.

Trin. Your lieutenant, if you list; he's no

standard.

Ste. We'll not run, Monsieur monster.

Trin. Nor go neither: but you'll lie, like

dogs; and yet say nothing neither.

Ste. Moon-calf, speak once in thy life, if thou

beest a good moon-calf.

Cal. How does thy honour? Let me lick thy

shoe. I'll not serve him, he is not valiant.

 3 bear up: approach

10 set: fixed in a stare

19 standard: standard-bearer

20 no standard: i.e., cannot stand

23 go: walk

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50

Trin. Thou liest, most ignorant monster:

I am in case to justle a constable. Why, thou

deboshed fish thou, was there ever a man a

coward that hath drunk so much sack as I

to-day? Wilt thou tell a monstrous lie, being

but half a fish and half a monster?

Cal. Lo, how he mocks me! wilt thou let

him, my lord?

Trin. 'Lord,' quoth he!—that a monster

should be such a natural!

Cal. Lo, lo, again! bite him to death, I

prithee.

Ste. Trinculo, keep a good tongue in your

head: if you prove a mutineer, the next tree!

The poor monster's my subject, and he shall

not suffer indignity.

Cal. I thank my noble lord. Wilt thou be pleas'd

To hearken once again to the suit I made to thee?

Ste. Marry, will I; kneel, and repeat it: I will

stand, and so shall Trinculo.

Cal. As I told thee before, I am subject to a

tyrant, a sorcerer, that by his cunning hath

cheated me of the island.

Ari. Thou liest.

Cal. Thou liest, thou jesting monkey thou;

I would my valiant master would destroy thee;

I do not lie.

Ste. Trinculo, if you trouble him any more in

his tale, by this hand, I will supplant some of

your teeth.

Trin. Why, I said nothing.

 30 in case: in a condition

38 natural: idiot

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 "liberal? education. In this country both these questions have generally been debated in a rather narrow way. The first has ordinarily been proposed as follows: How much of the college curriculum should be required, how much optional? The second has ordinarily been reduced to a strife over the point, whether Greek is necessary to be studied by every one who shall be entitled B.A. The limits of this paper do not, of course, permit me to elaborate and argue my opinion on either of these two questions. Nothing more than an intelligent and defensible opinion, appealing to probabilities in the light of past experience, can be gained upon such subjects of discussion. The purpose before me, however, makes it desirable that I should briefly state my opinion upon both these subjects.

The question as to the choice which the person under education shall have in the material and form of his education is one both of degrees and of expedients,—that is to say, it is a question as to how much such choice shall be allowed, and at what time it shall begin, as well as a question concerning the best means for guiding the choice and for taking the expression of it.

For the sake of convenience I will speak of the grades of education which may be secured at present in this country as four in number; these are, the primary, the secondary, the higher, and the university education, the last being understood to


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 be in a very inchoate and unformed condition. By the primary education we will understand such as, whether gained in public or private schools, deals with the most common and elementary subjects, and is not designed in itself to fit the pupil for the higher education. By the secondary education we will understand such as is expressly designed in preparation of the higher education; this will include those courses in the best high-schools and academies which fit pupils to enter the colleges and first-rate scientific schools of the country. These latter (excluding all merely technical schools) give what is entitled to be called the "higher" education. Beyond all this lies so much of the more strictly university education as is mingled with the later years of the higher education, or is taught in so-called "graduate" courses or in professional schools, so far as the latter are conformed to the university idea. It will appear in the sequel that one difficult problem connected with the development of the American university concerns the right separation of the higher education into the two parts of which it has actually come to consist, so that, by combining one of these parts with the secondary education as it now exists, we may gain a broad and solid foundation upon which to build the university education. The university part of the higher education as it now exists will, of course, then have to be joined with the other


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 elements in so-called "post-graduate" courses, so as to furnish a genuine university education in the greatest possible wealth and solidity. When this problem is practically solved, therefore, we shall have three instead of four grades of education; these will be, the primary, the secondary, and the higher or university education, but the two latter will probably have far more of significance than they now have.

Looked at in the light of the foregoing distinctions, the question of the place and amount of the pupil's choice which should enter into his education appears to me not so difficult of solution. With regard to the strictly primary education no choice whatever should be permitted, either to the pupil or to his guardian,—that is to say, I would have each youth compelled by the state to go to a certain distance along paths common to all, without permission to decide whether he will go at all, or whether, if he go, he will go by just such paths rather than others. Of course, the guardian of the pupil should have the exercise of discretion as to the mode of teaching, whether public or private, and perhaps as to the age at which the primary education shall have been accomplished. Opportunity for exceptions in the cases of the incapable or sickly should also be given. But the State should compel so much of education as seems necessary for the safe and intelligent exercise


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 of the citizen's rights, and for his decent intercourse with his fellows. No doubt opinions will differ as to the amount and kinds of subjects which should be included in the primary education, and as to its methods, text-books, etc. But the settlement of such questions should not be left to the dull or dishonest wits of the successful politician of the ward or district; they should rather be settled by commission of the most notable experts in education, appointed for that purpose by the highest authority of the state.

The element of the pupil's choice should enter somewhat largely into the secondary education, but even here by no means in an unlimited way. In the first place, liberty of choice should be allowed in deciding whether the secondary education will be entered upon at all or not, and also, if entered upon, to what extent it will be pursued. In my opinion, also, near the beginning of the secondary education there should be given that opportunity for "bifurcation" which must certainly come at some time in the course of mental training. The principle of this bifurcation is now tolerably plain and pretty generally acknowledged. In the words of Matthew Arnold, the prime, direct aim of education is "to enable a man to know himself and the world." Corresponding to this twofold aim of education there is in most men, dormant or already dominant, one or the other of two great


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 "aptitudes;" these are, the aptitude for the more subjective and reflective studies, and the aptitude for the studies of external observation. In other words, among youths who take to anything in the way of study, some take more naturally to letters and philosophy, and some take more naturally to physical and natural sciences. The secondary education should recognize this difference in aptitudes for one or the other part of the prime twofold aim of education. Such recognition should provide for two main courses of study, in one of which letters and the so-called humanities should predominate, and in the other mathematics and the physical and natural sciences. These courses should themselves, however, be fixed without making a frequent appeal to the choice of the pupil; they should be fixed in accordance with the world's accumulated wisdom as to the best way to teach a man "to know himself and the world," in harmony with his particular aptitude. The secondary education, in all cases where it is to lead up to a university education, should be long and thorough enough to secure what the Germans strive to secure as a preparation for their universities,—namely, the general scientific culture, or formation (allgemeine wissenschaftliche Bildung), of the pupil.

The higher or university education should permit and encourage the greatest possible freedom


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294 sake of peace? Rüdeger doth think to win his castles and his lands in fight with us.”

Or ever the fiddler had ended his speech, men saw the noble Rüdeger before the house. At his feet he placed his trusty shield, and now both service and greeting he must needs refuse his friends. Into the hall the noble margrave called: ‘Ye doughty Nibelungs, now guard you well on every side. Ye were to profit by me, now I shall bring you scathe. Aforetime we were friends, but of this troth I now would fain be rid.”

The hard-pressed men were startled at this tale, for none gained aught of joy, that he whom they did love would now fain fight them. From their foes they had already suffered mickle stress of war. “Now God of heaven forbid,” spake Gunther, the knight, “that ye should give over your love of us and your great fealty, on which we counted of a truth. Better things I trow of you, than that ye should ever do this deed.”

“Alas, I cannot give it over, but must fight you, for I have vowed it. Now ward you, brave heroes, and ye love your life. King Etzel’s wife would not release me from mine oath.”

“Ye declare this feud too late,” spake the high—born king. “Now may God requite you, most noble Rüdeger, for all the love and fealty that ye have shown us, if ye would only act more kindly at the end. I and my kinsmen, we ought ever to serve you for the noble gifts ye gave us, when ye brought us hither faithfully to Etzel’s land. Now, noble Rüdeger, think on this.”

“How gladly would I grant you,” spake Knight Rü-


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The Tempest, III. ii

Ste. Mum then and no more—[To Cali-

ban.] Proceed.

Cal. I say, by sorcery he got this isle;

From me he got it: if thy greatness will,

Revenge it on him,—for, I know, thou dar'st;

But this thing dare not,—

Ste. That's most certain.

Cal. Thou shalt be lord of it and I'll serve thee.

Ste. How now shall this be compassed? Canst

thou bring me to the party?

Cal. Yea, yea, my lord: I'll yield him thee asleep,

Where thou may'st knock a nail into his head.

Ari. Thou liest; thou canst not.

Cal. What a pied ninny's this! Thou scurvy patch!—

I do beseech thy greatness, give him blows,

And take his bottle from him: when that's gone

He shall drink nought but brine; for I'll not show him

Where the quick freshes are.

Ste. Trinculo, run into no further danger: in-

terrupt the monster one word further, and, by

this hand, I'll turn my mercy out o' doors and

make a stock-fish of thee.

Trin. Why, what did I? I did nothing. I'll

go farther off.

Ste. Didst thou not say he lied?

Ari. Thou liest.

Ste. Do I so? take thou that. [Strikes Trin.]

As you like this, give me the lie another time.

Trin. I did not give thee the lie:—Out

o' your wits and hearing too?—A pox o' your

 73 pied: motley

patch: fool

77 quick: gushing

freshes: springs

81 stock-fish: dried cod

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Rh deger, “that I might weigh out my gifts for you with full measure, as willingly as I had hoped, if I never should be blamed on that account.”

“Turn back, noble Rüdeger,” spake then Gernot, “for host did never give his guests such loving cheer as ye did us. This shall profit you well, and we remain alive.”

“Would to God,” spake Rüdeger, “most noble Gernot, that ye were on the Rhine and I were dead with passing honor, sith I must now encounter you! Never did friends act worse to heroes.”

“Now God requite you, Sir Rüdeger,” answered Gernot, “for your passing rich gifts. Your death doth rue me, if such knightly virtues shall be lost with you. Here I bear your sword that ye gave me, good knight and true. It hath never failed me in all this need. Many a knight fell dead beneath its edges. It is bright and steady, glorious and good; nevermore, I ween, will warrior give so rich a gift. And will ye not turn back, but come to meet us, and slay aught of the friends I still have here, with your own sword will I take your life. Then will ye rue me, Rüdeger, ye and your high-born wife.”

“Would to God, Sir Gernot, that this might come to pass, that all your will might here be done, and that your kinsmen escaped unscathed! Then both my daughter and my wife may trust you well, forsooth.”

Then of the Burgundians there spake fair Uta’s son: “Why do ye so, Sir Rüdeger? Those that be come with us, do all like you well. Ye encounter us in evil wise; ye wish to make your fair daughter a widow far too soon. If ye and your warriors match me


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296 now with strife, how right unkindly do ye let it appear, that: I trust you well above all other men and therefore won me your daughter to wife.”

“Think on your fealty, most noble and high-born king. And God let you escape,” so spake Rüdeger, “let the maiden suffer not for me. For your own virtue’s sake, vouchsafe her mercy.”

“That I should do by right,” spake the youthful Giselher, “but if my noble kinsmen here within must die through you, then my steadfast friendship for you and for your daughter must he parted.”

“Now may God have mercy on us,” answered the valiant man. Then they raised their shields, as though they would hence to fight the guests in Kriemhild’s hall, but Hagen cried full loud adown the steps. “Pray tarry awhile, most noble Rüdeger,” so spake Hagen; “I and my lords would fain have further parley, as doth befit our need. What can the death of us wanderers avail King Etzel? I stand here in a fearful plight; the shield that Lady Gotelind gave me to bear hath been cut to pieces by the Huns. I brought it with friendly purpose into Etzel’s land. O that God in heaven would grant, that I might bear so good a shield as that thou hast in thy hand, most noble Rüdeger! Then I should no longer need a hauberk in the fray.”

“Gladly would I serve thee with my shield, durst I offer it before Kriemhild. Yet take it, Hagen, and bear it on thine arm. Ho, if thou couldst only wield it in the Burgundian land!”

When he so willingly offered to give the shield, enow of eyes grew red with scalding tears. ’T was the


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Rh they go and eed in Herds, they are dangerous to come at. The Natives pend the whole Summer Seaon in hunting of going up to the innermot Parts of the Bayts, and carrying, for the most part, their Wives and Children along with them, where they remain till the Harvet Seaon comes on. In the mean while they with o much Eagernes hunt, purue and detroy thee poor Deer, that they have no Place of Safety, but what the Greenlanders know; and

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Rh last gift that ever Rüdeger of Bechelaren gave to any knight. However fierce Hagen, and however stern of mood, the gift did touch him, which the good hero, so near to death, had given. Many a noble knight gan mourn with him.

“Now God in heaven requite you, most noble Rüdeger. Your like will nevermore be found, who giveth homeless warriors such lordly gifts. God grant that your courtesie may ever live.” Again Hagen spake: “Woe is me of these tales, we had so many other griefs to bear. Let complaint be made to Heaven, if we must fight with friends.”

Quoth the margrave: “Inly doth this grieve me.”

“Now God requite you, for the gift, most noble Rüdeger. Howso these high-born warriors deport them toward you, my hand shall never touch you in the fight, and ye slew them all from the Burgundian land.”

Courteously the good Sir Rüdeger bowed him low. On every side they wept, that none might soothe this pain of heart. That was a mighty grief. In Rüdeger would die the father of all knightly virtues.

Then Folker, the minstrel, spake from out the hall: “Sith my comrade Hagen hath made his peace with you, ye shall have it just us steadfastly from my hand, for well ye earned it, when we came into this land. Most noble margrave, ye shall be mine envoy, too. The margravine gave me these ruddy arm rings, that I should wear them here at the feasting. These ye may yourself behold, that ye may later be my witness.”

“Now God of heaven grant,” spake Riideger, “that the margravine may give you more! I’ll gladly tell


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62 and where they are in any Number, there they chae them by etting upon them on all Sides, and urrounding them with all their Women and Children, to force them into Defiles and narrow Paages, where the Men armed lay in wait for them and kill them. And when they have not People enough to urround them, then they put up white Poles (to make up the Number that is wanted) with Pieces of Turf to head them, which frightens the Deer, and hinders it from ecaping. There are alo vat Numbers of Hares, which are white Summer and Winter, very fat and of a good Tate. There are Foxes of different Colours, white, grey and blueih; they are of a leer Size than thoe of Denmark and Norway, and not o hairy, but more like Martens. The Natives commonly catch them alive in Traps, built of Stones like little Huts. The re of fourfooted Animals, which ancient Hitorians tell us are found in Greenland, are Sobles, Marterns, Wolves, Loes, Ermins, and everal others; I have met with none of them on the Wetern Side. See Arn-

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298 these tales to my dear love, if I see her in health again. Of this ye shall not doubt.”

When he had vowed him this, Rüdeger raised high his shield. No longer he bided, but with raging mood, like a berserker, he rushed upon the guests. Many a furious blow the noble margrave struck. The twain, Folker and Hagen, stepped further back, as they had vowed to him afore. Still he found standing by the tower such valiant men, that Rüdeger began the fight with anxious doubts. With murderous intent Gunther and Gernot let him in; good heroes they! Giselher stood further back, which irked him sore, in truth. He voided Rüdeger, for still he had hope of life. Then the margrave’s men rushed at their foes; in knightly wise one saw them follow their lord. In their hands they bare their keen-edged swords, the which cleft there many a helm and lordly shield. The tired warriors dealt the men of Bechelaren many a mighty blow, that cut smooth and deep through the shining mail, down to the very quick.

Rüdeger’s noble fellowship was now come quite within. Into the fight Folker and Hagen sprang anon. They gave no quarter, save to one man alone. Through the hands of the twain the blood streamed down from the helmets. How grimly rang the many swords within! The shield plates sprang from their fastenings, and the precious stones, cut from the shields, fell down into the gore. So grimly they fought, that men will never do the like again. The lord of Bechelaren raged to and fro, as one who wotteth how to use great prowess in the fray. Passing like to a worshipful champion and a bold did Rüdeger bear him on that


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Rh day. Here stood the warriors, Gunther and Gernot, and smote many a hero dead in the fray. Giselher and Dankwart, the twain, recked so little, that they brought full many a knight to his last day of life. Full well did Rüdeger make appear that he was strong enow, brave and well-armed. Ho, what knights he slew! This a Burgundian espied; perforce it angered him, and thus Sir Rüdeger’s death drew near.

The stalwart Gernot accosted the hero; to the margrave he spake: “It appeareth, ye will not leave my men alive, most noble Rüdeger. That irketh me beyond all measure, no longer can I hear the sight. So may your present work you harm, sith ye have taken from me such store of friends. Pray address you unto me, most noble man and brave, your gift shall be paid for as best I can.”

Or ever the margrave could reach his foe, bright armor rings must needs grow dull with blood. Then at each other sprang these honor-seeking men. Either gan guard him against mighty wounds. So sharp were their swords, that naught might avail against them. Then Rüdeger, the knight, smote Gernot a buffet through his helmet, the which was as hard as flint, so that the blood gushed forth. But this the bold knight and good repaid eftsoon. High in his hand he now poised Rüdeger’s gift, and though wounded unto death, he smote him a stroke through his good and trusty shield down to his helmet band. And so fair Gotelind’s husband was done to death. Certes, so rich a gift was never worse repaid. So fell alike both Gernot and Rüdeger, slain in the fray, through each other’s hand.

Then first waxed Hagen wroth, when he saw the


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Rh Arngrim Jonass Hitory of Greenland; as alo Ivarus Benis Relation mentioned by Undalinus. Tame or dometik Animals there are none, but Dogs in great Numbers, and of a large Size, with white Hairs, or white and black, and tanding Ears. They are, in their kind, as timorous and tupid as their Maters, for they never bay or bark, but howl only. In the northern Parts they ue them intead of Hores, to darg their Sledges, tying four or ix, and ometimes eight or ten to a Sledge, loaden with five or ix of the larget Seals, with the Mater etting up himelf, who drives as fat with them, as we can do with good Hores, for they often make 15 German Miles with them, in a Winter Day, upon the Ice: And though the poor Dogs are of o great Service to them, yet they don't ue them well, for they are left to provide for, and ubmit themelves, as wild Beats, feeding upon Mucles thrown up on the or upon Berries in the Summer Seaon; and when there has been a great Capture of Seals, they give them their Blood boil'd and their Entrails. 2

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300 monstrous scathe. Quoth the hero of Troneg: “Evil hath it fared with us. In these two men we have taken a loss so great that neither their land nor people will e’er recover from the blow. Rüdeger’s champions must answer to us homeless men.”

“Alas for my brother, who hath here been done to death. What evil tales I hear all time! Noble Rüdeger, too, must ever rue me. The loss and the grievous wounds are felt on either side.”

When Lord Giselher saw his betrothed’s father dead, those within the hall were forced to suffer need. Fiercely death sought his fellowship; not one of those of Bechelaren escaped with life. Gunther and Giselher and Hagen, too, Dankwart and Folker, the right good knights, went to where they found the two men lying. Then by these heroes tears of grief were shed.

“Death doth sorely rob us,” spake Giselher, the youth. “Now give over your weeping and go we into the breeze, that the mailed armor of us storm-weary men may cool. Certes, I ween, that God in heaven vouchsafeth us no more to live.”

This champion was seen to sit and that to lean against the wall, but all again were idle. Rüdeger’s heroes lay still in death. The din had died away; the hush endured so long, it vexed King Etzel.

“Alack for such services,” spake the queen. “They be not so true, that our foes must pay with their life at Rüdeger’s hands. I trow, he doth wish to lead them back to the Burgundian land. What booteth it, King Etzel, that we have given him whatso he would? The knight hath done amiss, he who should avenge us, doth make his peace.”


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Rh To this Folker, the full dapper knight, made answer: “This is not true, alas, most noble queen. Durst I give the he to such a high-born dame, then had ye most foully lied against Rüdeger. He and his champions be cozened in this peace. So eagerly he did what the king commanded, that he and all his fellowship lie here in death. Now look around you, Kriemhild, to see whom ye may now command. The good Knight Rüdeger hath served you to his end. And ye will not believe the tale, we’ll let you see.”

To their great grief ’t was done; they bare the slain hero to where the king might see him. Never had there happed to Etzel’s men a grief so great. When they saw the margrave borne forth dead, no scribe might write or tell the frantic grief of men and women, which there gan show itself from dole of heart. King Etzel’s sorrow waxed so great that the mighty king did voice his woe of heart, as with a lion’s roar. Likewise did his queen. Beyond all measure they bewailed the good Knight Rüdeger’s death.


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52

bottle! this can sack and drinking do—A mur-

rain on your monster, and the devil take your

fingers!

Cal. Ha, ha, ha!

Ste. Now, forward with your tale.—Prithee

stand further off.

Cal. Beat him enough: after a little time

I'll beat him too.

Ste. Stand farther.—Come, proceed.

Cal. Why, as I told thee, 'tis a custom with him

I' the afternoon to sleep: there thou may'st brain him,

Having first seiz'd his books; or with a log

Batter his skull, or paunch him with a stake,

Or cut his wezand with thy knife. Remember

First to possess his books; for without them

He's but a sot, as I am, nor hath not

One spirit to command: they all do hate him

As rootedly as I. Burn but his books;

He has brave utensils,—for so he calls them,—

Which, when he has a house, he'll deck withal:

And that most deeply to consider is

The beauty of his daughter; he himself

Calls her a nonpareil: I never saw a woman,

But only Sycorax my dam and she;

But she as far surpasseth Sycorax

As great'st does least.

Ste. Is it so brave a lass?

Cal. Ay, lord; she will become thy bed, I warrant,

And bring thee forth brave brood.

Ste. Monster, I will kill this man: his daugh-

ter and I will be king and queen,—save our

graces! and Trinculo and thyself shall be vice-

roys. Dost thou like the plot, Trinculo?

 102 wezand: windpipe

104 sot: fool

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338 Ortlieb. In the Thidreksaga Etzel’s son is called Aldrian. There, however, he is killed because he strikes Hagen in the face, here in revenge for the killing of the Burgundian footmen.

fey, see note 1 to page 21.

Adventure XXXII. The details of the following scenes differ materially in the various sources, A comparative study of them will be found in the works of Wilmanns and Boer.

marriage morning gift (M. H. G. morgengâbe) was given by the bridegroom to the bride on the morning after the wedding. See note 1 to page 151.

 Aldrian’s son, i. e., Dankwart.

sewers (O. F. asseour, M. L. adsessor ‘one who sete the table’; cf. F. asseoir ‘to set,’ ‘place,’ Lat. ad sedere), older English for an upper servant who brought on and removed the dishes from the table.

friendship translates the M. H. G. minne trinken ‘to drink to the memory of a person,’ an old custom originating with the idea of pouring out a libation to the gods. Later it assumed the form of drinking to the honor of God, of a saint, or of an absent friend. See Grimm, Mythologie, p. 48.

Amelungs, see note 3 to page 232.

Wolfhart, see note 2 to page 232.

gauds, ornaments.

weregild (O. E. wer, ‘a man,’ gild, ‘payment of money’), legal term for compensation paid for a man killed.

Waska. In Biterolf it is the name of the sword of Walther of Wasgenstein and is connected with the old German name, Wasgenwald, for the Vosges.

parlous, older English for ‘perilous,’

fey, ‘doomed to death,’ here in the sense of ‘already slain.’ See note 1 to page 21.

strangers, i. e., those who are sojourning there far from home.

Helfrich appears also in the Thidreksaga, chap. 330, where we are told that he was the bravest and courtliest of all knights.

Master Hildebrand, see note 1 to page 232.


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The Tempest, III. ii

Trin. Excellent.

Ste. Give me thy hand: I am sorry I beat

thee; but, while thou livest, keep a good tongue

in thy head.

Cal. Within this half hour will he be asleep;

Wilt thou destroy him then?

Ste. Ay, on mine honour.

Ari. This will I tell my master.

Cal. Thou mak'st me merry: I am full of pleasure.

Let us be jocund: will you troll the catch

You taught me but while-ere?

Ste. At thy request, monster, I will do reason,

any reason: Come on, Trinculo, let us sing.

Sings.

Flout 'em, and scout 'em,

And scout 'em, and flout 'em;

Thought is free.'

Cal. That's not the tune.

Ste. What is this same?

Trin. This is the tune of our catch, played by

the picture of Nobody.

Ste. If thou beest a man, show thyself in thy

likeness: if thou beest a devil, take 't as thou

list.

Trin. O, forgive me my sins!

Ste. He that dies pays all debts: I defy thee.

—Mercy upon us!

Cal. Art thou afeard?

Ste. No, monster, not I.

 129 catch: part-song

130 while-ere: recently

131 reason: the reasonable thing

135 S. d. Tabor: a small drum

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64 As for Land Fowls or Birds, Greenland knows of none but Rypper, which is a ort of large Partridges, white in Winter, and grey in and thee they have in great Number. Ravens eem to be dometick Birds with them, for they are always een about their Huts, hovering about the Carcaes of Seals, that lie upon the Ground. There are likewie very Eagles, their Wings pread out being a Fathom wide, but they are eldom een in the Northern Parts of the Country. You find here Falcons or Hawks, ome grey, ome of a whitih Plumage, and ome peckled; as alo great peckled Owls. There are different orts of little Sparrows, Snow Birds, and Ice Birds, and a little Bird not unlike a Linnet, which has a very melodious Tune.

Amongt the Inects of Greenland, the Midge or Gnats are the mot troubleome, whoe Sting leaves a welling and burning Pain behind it; and this Trouble they are mot expoed to in the hot Seaon, againt which there is no Shelter to be found. 2

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66 Shape, very dangerous to meddle with, for they rage and lay about them mot furiouly with their Tail, o that no body cares to come at them, or catch them. The Greenlanders make much of them, on account of their Fleh, which, with them, paes for dainty Cheer. The other ort of Whales are reckoned the bet for their Fat, and Find or Thee differ from the firt ort, in that they have no Fin on the Back towards the Tail, but two leer ones near the Eyes, and are covered with a thick black Skin, marbled with white Strokes, With thee Side Fins they wim with an incredible Swiftnes. The Tail is commonly three or four Fathom broad. The Head makes up one third of the whole Fih. The Jaws are covered, both above and beneath, with a kind of hort Hair. At the Bottom of the Jaws are placed the o called Barders, or which erve him intead of Teeth, of which he has none. They are of different Colours, ome brown, ome black, and others yellow with white Streaks. Within the Mouth the Barders, or Whale Bones


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Rh Bones are covered with Hair like chiefly thoe that incloe the Tongue. Some of them arc bent like a Scymitar, or Sable, The mallet are ranged the foremot in the Mouth, and the hindermot near the Throat; the broadet and larget are in the middle, ome of them two Fathom long, by which we may judge of the vat Bignes of this Animal. On each Side there are commonly two hundred and fifty, in all five hundred Pieces. They are et in a broad Row, as in a Sheaf, one cloe to the other, bent like a Crecent or half Moon, broadet at the Root, which is of a tough and grily Matter, of a whitih Colour, fatned to the upper Part of the Jaws, near the Throat, and they grow maller towards the End, which is pointed; they are alo covered with Hair, that they may not hurt the Tongue. The undermot Jaw is commonly white, to which the Tongue is fatened, incloed in the Barders, or long it is very large, ometimes about eighteen Feet, and ometimes more, of a white Colour, with black Spots, of a oft, fat, and Rh


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68 pungious Matter. The Whale has a Bunch Spouts or Pipes, parallel one to the other, and omewhat bent, like the Holes upon a Fiddle. Through thee he receives the Air, and pouts out the Water, which he takes in at his Mouth, and is forced upwards through thee Holes in very large Quantities, and with uch Violence and Noie, that it is heard at a great Ditance, by which, in hazy Weather, he is known to be near; epecially when he finds himelf wounded, for then he rages mot furiouly, and the Noie of his pouting is o loud, that ome have reembled it to the roaring of the Sea in a Storm, or the firing of great Guns. His Eyes are placed between the Bunch and the Side Fins; they are not larger than thoe of an Ox, and are armed with Eyebrows.

The Penis of a Whale is a trong Sinew, even or eight, and ometimes 14 Foot long, in Proportion to his Bulk; it is covered with a Sheath, in which it lies hid- 1


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Rh many maller Fihes and Sea Animals to feed upon; but on the contrary, his Food is nothing but a Sort of Blubber, called Pulmo marinus, or Whale Food, which is of Shape and Bignes, as repreented in the Cuts; it is of a dark with two Brims of Flaps, with uch Slownes, that one may eaily lay hold on it, and get it out of the Water. It is like a Jelly, oft and lippery; o that if you cruh it between your Fingers, you find it fat and grey like The Greenland Seas abound in it, which allures and draws this kind of Whales thither, in Search of it; for as their Swallow or Throat is very narrow, (being but four Inches in Diameter) and the maller  reaching down his Throat, they cannot wallow any hard or large Piece of other Food, having no Teeth to chew it with; o that this ort of Nourihment fits them bet, their Mouth being large and wide for to receive a great Quantity, by opening it and hutting it again, that Nature has provided them with the Barders Rh


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72 or which by their Cloenes only give Paage to the Water, like a Sieve, keeping back the Aliment. Here we ought to praie the wie and kind Providence of the Almighty Creator, who has made uch mean Things uffice for the Maintenance of o vat an Animal.

Next to this there is another ort of Whales, called the from the Place of their Abode, which is about the North Cape of Norway; though they alo frequent the Coats of Iceland, Greenland, and undry other Seas, going in Search of their Prey; which is Herring and other mall Fihes, that reort in abundance to thoe Coats. It has been oberved, that ome of thee Whales have had more than a Tun of Herrings in their Belly. This kind of Whales has this common with the former called in that it is very wift and quick in its Motion, and keeps off from the Shore in the main Sea, as fearing to become a Prey to its Enemies, if it hould venture too near the


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Page:A description of Greenland.djvu/110

74 Whale, leaving the ret of the huge Carcae for the Prey and Spoils of the Mores, and

The Cachelot or is a fifth Species of Whales, whoe Shape is omewhat different from that of other Whales, in that the upper Part of his Head or Skull is much bigger and tronger built; his Spouts or Pipes are placed on the Forehead; whereas other Whales have them on the  of the Head. His under Jaw is armed with a Row of Teeth which are but hort. His Tongue is thin a pointed, and of a yellowih Colour. He has but one Eye on the Side of the Head, which makes him of eay Acces to the Greenlanders, who attack him on his blind Side. Of his Skull that wrongly o called Sperma Ceti is prepared, one yielding 20 to 24 Tuns thereof. The ret of the Body and the Tail are like unto thoe of other Whales. He is of a brownih Colour on the Back, and white under the Belly. He is of different Sizes, from 50 to 70 Foot long. Then


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Page:A description of Greenland.djvu/111

Rh Then comes the White Fih, whoe Shape is not unlike that of the great having no Fins upon the Back, but underneath two large ones; the Tail like a Whale; his Spouts, through which he breathes and throws out the Water, are the ame; he has likewie the Bunch on the Head. His Colour is of a fading yellow; he is commonly from 12 to 16 Foot in Length, and exceeding fat. The Train of his Blubber is as clear as the clearet Oil. His Fleh as well as the Fat has no bad Tate, and when it is marinated with Vinegar and Salt, it is as well tated as any Pork whatoever. The Fins alo and the Tail, pickled or auced, are good eating. This Fih is o far from being hy, that whole Droves are een about the Ships at Sea. The Greenlanders catch Numbers of them, of which they make grand Cheer.

There is yet another maller ort of Whales, called from the Form of its head, which at the Snout is flat, like a But'd End. He has a Fin upon his Back towards


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Page:Naruto v. Slater.pdf/8

 Therefore, we must determine whether Naruto has statutory standing Mindful that the term “standing” carries with it jurisdictional connotations, we clarify that our use of the term “statutory standing” refers to Naruto’s ability to sue under the Copyright Act, not his ability to sue generally. Thus, as we have observed in previous cases, “[t]hough lack of statutory standing requires dismissal for failure to state a claim, lack of Article III standing requires dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).” Maya v. Centex Corp., 658 F.3d 1060, 1067 (9th Cir. 2011). The former is a determination on the merits, while the latter is purely jurisdictional.

While we believe Cetacean was incorrectly decided, it is binding circuit precedent that non-human animals enjoy constitutional standing to pursue claims in federal court. See Cetacean, 386 F.3d at 1175–76; see also ''Ctr. for Auto Safety v. Chrysler Grp., LLC'', 809 F.3d 1092, 1106 (9th Cir.), cert. denied sub nom. ''FCA U.S. LLC v. Ctr. for Auto Safety'', –580 [sic] U.S. —, 137 S.Ct. 38, 196 L.Ed.2d 26 (2016) (“While we have the authority to distinguish precedent on a principled basis, we are not free to ignore the literal meaning of our rulings, even when the panel believes the precedent is ‘unwise or incorrect.’ ”) (quoting Hart v. Massanari, 266 F.3d 1155, 1170 (9th Cir. 2001) ). Although we must faithfully apply precedent, we are not restrained from pointing out, when we conclude after reasoned consideration, that a prior decision of the court needs reexamination. This is such a case.

Animals have neither constitutional nor statutory standing. Article III standing “often turns on the nature and source of the claim asserted.” Warth v. Seldin, 422 U.S. 490, 500, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). Other than Cetacean, no case has held that animals have constitutional standing to pursue claims in federal court. See e.g., ''Tilikum ex rel. People for the Ethical Treatment of Animals, Inc. v. Sea World Parks & Entm’t, Inc.'', 842 F.Supp.2d 1259 (S.D. Cal. 2012) (Thirteenth Amendment prohibition on slavery and involuntary servitude applied only to humans, and thus whales lacked Article III standing to bring action against operator of theme park under Thirteenth Amendment). Prior to Cetacean, no court ever intimated that animals possess interests that can form the basis of a case or controversy. As to statutory standing, Congress has never provided that animals may sue in their own names in federal court, and there is no aspect of federal law (other than Cetacean) that has ever recognized that animals have the right to sue in their own name as a litigant. To that point, Rule 17(a) requires that the suit be brought in the name of the “party in interest”; and that next friend or guardian representation obtains only for a person. See Fed. R. Civ. P. 17(c). Because animals do not possess cognizable interests, it stands to reason that they cannot bring suit in federal court in their own names to protect such interests unless Congress determines otherwise. to sue for copyright infringement.

'''III. Statutory Standing under the Copyright Act'''

In Cetacean, this court stated the following with respect to statutory standing for animals: "We agree with the district court in Citizens to End Animal Suffering & Exploitation, Inc., that “[i]f Congress and the President intended to take the extraordinary step of authorizing animals as well as people and legal entities to sue, they could, and should, have said so plainly.” In the absence of any such statement in the ESA, the MMPA, or NEPA, or the APA, we conclude that the Cetaceans do not have statutory standing to sue."

Id. at 1179 (emphasis added). The court in Cetacean did not rely on the fact that the

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Page:A description of Greenland.djvu/112

76 towards the Trail; and two His Tail is like to that of a Whale. In the hinder Part of the Head he has a Pipe to fetch Air, and pout the Water through; which he does not pout out with that Force the Whale does. His Size is from 14 to 20 Foot. He follows Ships under Sail with a fair Wind, and eems to run for a Wager with them; whereas, on contrary, other Whales avoid and fly from them. Their jumping, as well as that of Fihes and forebodes boiterous and tormy Weather.

Among the different Kinds of Whales, ome reckon the Unicorn, as they commonly call him, from a long, mall Horn, that grows out of his Snout; but his right Name is It is a pretty large Fih, 18 to 20 Foot long, and yields good Fat. His Skin is black and mooth, without Hair. He has one Fin on each Side, at the Beginning of his Belly. His Head is pointed, and out of his Snout on the left Side proceeds the Horn, which is round,


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Page:Tempest (1918) Yale.djvu/65

54  Cal. Be not afeard: the isle is full of noises,

Sounds and sweet airs, that give delight, and hurt not.

Sometimes a thousand twangling instruments

Will hum about mine ears; and sometime voices,

That, if I then had wak'd after long sleep,

Will make me sleep again: and then, in dreaming,

The clouds methought would open and show riches

Ready to drop upon me; that, when I wak'd,

I cried to dream again.

Ste. This will prove a brave kingdom to me

where I shall have my music for nothing.

Cal. When Prospero is destroyed.

Ste. That shall be by and by: I remember

the story.

Trin. The sound is going away: let's follow

it, and after do our work.

Ste. Lead, monster; we'll follow.—I would I

could see this taborer! he lays it on. Wilt come?

Trin. I'll follow, Stephano.

Gon. By'r lakin, I can go no further, sir;

My old bones ache: here's a maze trod indeed,

Through forth-rights, and meanders! by your patience,

I needs must rest me.

 147 noises: sweet sounds  1 By'r lakin: diminutive of 'by our Lady'

3 forth-rights: straight paths

meanders: winding paths

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Page:A description of Greenland.djvu/113

Rh round, turned, with a harp taper Point; the greatet Length of it is 14 or 15 Foot, and thick as your Arm. The Root of it goes very deep into the Head, to trengthen it for the upporting of o heavy a Burthen. The Horn is of a fine white and compact Matter, wherefore it weighs much. The third Part of it, beginning from the Root, is commonly hollow; and there are ome very olid at the Root, and above it grows more and more hollow. On the right Side of the Head there lies another horter Horn hidden, which does not grow out of the Skin, and it cannot be conceived for what End the Creator has ordained it. He has, like other Whales, two Pipes or Spouts, which terminate in one, through which he breathes and fetches Air, when he comes up out of the Sea with his Head. Here I mut oberve to you, that when the Whale comes up to fetch Air, 'tis not Water he throws out at the Spouts, as the common Notion runs; but his Breath, which reembles Water forced out of a great Spout. As for the ret of the Uni- corn


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Page:Naruto v. Slater.pdf/9

 statutes at issue in that case referred to “persons” or “individuals.” Id. Instead, the court crafted a simple rule of statutory interpretation: if an Act of Congress plainly states that animals have statutory standing, then animals have statutory standing. If the statute does not so plainly state, then animals do not have statutory standing. The Copyright Act does not expressly authorize animals to file copyright infringement suits under the statute. Therefore, based on this court’s precedent in Cetacean, Naruto lacks statutory standing to sue under the Copyright Act.

Several provisions of the Copyright Act also persuade us against the conclusion that animals have statutory standing to sue under the Copyright Act. See ''Davis v. Mich. Dep’t of Treasury'', 489 U.S. 803, 809, 109 S.Ct. 1500, 103 L.Ed.2d 891 (1989) (“It is a fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme.”). For example, the “children” of an “author,” “whether legitimate or not,” can inherit certain rights under the Copyright Act. See 17 U.S.C. §§ 101, 201, 203, 304. Also, an author’s “widow or widower owns the author’s entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest.” Id. § 203(a)(2)(A). The terms’ “children,” “grandchildren,” “legitimate,” “widow,” and “widower” all imply humanity and necessarily exclude animals that do not marry and do not have heirs entitled to property by law. Based on this court’s decision in Cetacean and the text of the Copyright Act as a whole, the district court did not err in concluding that Naruto—and, more broadly, animals other than humans—lack statutory standing to sue under the Copyright Act.

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Page:A description of Greenland.djvu/114

78 corn or Nar-Whale's Body, it is perfectly of the ame Shape as that of other Whales.

Concerning this Animal's Horn, which has given Occaion to o many Diputes, whether it be a Horn properly o called, or a Tooth, my Reader mut allow me a little Digreion, for to make thee Gentlemen Diputants aware of their Mitake, who pretend it to be a Tooth and not a Horn; being placed on one Side of the Snout, and not on the Tip of the where other Animals wear their Horns. See Wormius's Mueum, L. III. Ch. 14. But it appears clearly to all Beholders, that it neither has the Shape of a Tooth uch as other are endowed with; nor has its Root in the Jaws, the ordinary Place of Teeth, but grows out of the Snout, as may be een in the Cut hereto joined. And beides, the Aburdity is much greater to hold, and maintain, that Animals wear Teeth on the Snout or Head, like Horns: or dare any Body deny, that the Whale's Spouts are his Notrils, through which he fetches Breath,


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Page:A description of Greenland.djvu/115

Rh Breath, becaue they are on the Top of his Head; or quetion, that the (a large Kind of Seal) his Eyes are uch, becaue they are placed in the hindermot part of the Head? Ought we not rather to think, that an Creator has placed this Horn horizontally, to the End, that it may not be of any Hindrance to the Coure and Swimming of this Animal in the Water, which would happen, if it did rie vertically? Furthermore this Horn erves many other Ends, as to tir up his Food from the Bottom of the Sea, as he is aid to feed upon mall and likewie therewith to bore Holes in the Ice, in order to fetch freh Air. The Inference thee Gentlemen are pleaed to draw from the Generality of Fihes and having no uch Paws or Claws as  have, is as lame, and of as little Force. And it is much les aburd to hold, that have omething common with thoe of the Land, as it is confes'd, that many of them have a great Reemblance together in Figure and Shape, viz. Sea Dogs,


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Page:A description of Greenland.djvu/116

80 Dogs, and  together with  and  as it is pretended. Who is ignorant of the winged or flying Fihes; and of others with long Nebs or Bills like Birds; alo of Birds with four Feet, like Beats? And why then may there not be as well as  if any uch there be in rerum natura? for it is a difficult Matter to determine, what Kind of Animal the Scripture undertands, when it peaks of the Unicorn, as in Palm xxix. ver. 6. and in other Places: whether it be uch a one as Plinius and other Writers decribe, giving him the Body of a Hore, with a Stag's Head, and a Horn on his Snout; or whether it ought not with better Reaon be applied to a certain Animal in Africa, called Rhinoceros, whoe Snout in horned in that Fahion. If one had Patience to conider the vat Diagreement, that reigns between thee Writers, one would conclude that this Animal is peculiar to the Climate, where the fabulous Bird Phenix builds its Net; that is to ay, in Utopia, or no where. For ome decribe this


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Page:A description of Greenland.djvu/117

Rh this Animal, as an amphibious one, that lives by Turns upon Land and in the Water. Some will have him to be in the Likenes of an Ore white potted, with Hore Feet. Others make a three Years Colt of him, with a Stag's Head, and a Horn in the Front one Ell long. And others again tell you it is like a More or Sea Hore, with divided or cloven Feet, and a Horn in the Front. There are Authors, who attribute to him a Horn 10 Foot long, others ix, and others again but the length of three Inches. See Pliny, Munterus, Marc. Paulus, Philotratus, Heliodorus, and everal others, whoe Relations are of the ame Authority with mine, as that of the Greenlanders, concerning a fierce, ravenous wild Beat, which they call Amavok; which all pretend to know, but no Peron ever yet was found, that could ay, he had een it.

Nies or Porpoies, otherwie Sea Hogs, are alo placed in the Clas of Whales, though of a much maller Size, and are Rh


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Page:CTRL0000034607 - Deposition of Ali Alexander, (Dec. 9, 2021).pdf/147

147 I vaguely recall broad conversations about attendees and ways we could remain compliant.

Ways you can remain compliant by keeping the number of attendees under 50, because that's what the Capitol Police policy was at that time?

I don't recall.

Mr. Can we have a brief recess, please? And come back in 10 minutes, please?

Mr. McBride. Sure.

[Recess.]


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82 met with in all Seas. His Head reembles that of a His Mouth is armed with harp Teeth. He has Spouts or Pipes like a Whale. He has a Fin upon the middle of his Back, which towards the Tail is bended like a Under the Belly there are two Side Fins, overgrown with Fleh and covered with a black Skin. His Tail is broad like that of a Whale. He has mall round Eyes, his Skin is of a hining black, and the Belly white. His Length is five to eight Foot, at mot. His Length is five to eight Foot, at mot. His Fat makes fine Oil, and the Fleh is by the Greenlander reckoned a grat Dainty.

The Sea Hore or More has the Shape of a Seal, though much larger and tronger. He has five Claws on each of his Feet, as the Seal. His Head rounder and larger. His Skin is an Inch thick, epecially about the Neck, very rough, rugged and wrinkled, covered with a hort, brown, and ometimes reddih, or Hair. Out of his upper Jaw there grow two large Teeth or 2


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Page:CTRL0000034607 - Deposition of Ali Alexander, (Dec. 9, 2021).pdf/132

132 Not date, I'm talking about the meeting.

Yeah.

Do you recall Mr. Gosar debriefing you about a meeting with the President on December 21st?

No, I don't recall that.

Okay. You made a comment you don't even know if he was there. Can you flip to exhibit 33 for us, please? So this is a December 21st tweet. And I apologize; the date is not on here. But Mr. Gosar says: Great meeting today with real Donald Trump and Mark Meadows and Rudy Giuliani, my homies Andy Biggs, Rep. Mo Brooks, Matt Gaetz, and others, President is resolute. We will not accept disenfranchisement of 80 million who cast a vote for POTUS. This sedition will be stopped.

You don't recall getting a debrief about this meeting that Mr. Gosar tweeted about?

There is no date on this.

Mr. Kamenar. He said December 23rd.

Mr. 20—21st.

Mr. Kamenar. 21st?

Mr. Yes, that's when the date is.

Mr. Kamenar. Oh, I'm sorry, I thought you said 23rd.

 * BY MR.

Okay.

I definitely don't recall this.

You don't recall this?

I definitely do not recall this.

Okay. Okay. So we move past December—I am just moving


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Page:CTRL0000034607 - Deposition of Ali Alexander, (Dec. 9, 2021).pdf/137

137 The second page?

The second physical page.

I don't have a second page.

On exhibit—sorry. I must have misspoke. 34, I read the wrong tab, so I apologize. It looks like you text Mr. Brown, "I will have the team make separate One Nation Under God graphics in case the cops ask you for a copy of promo so you can deny Wild Protest being totally affiliated or whatever." It looks like you're trying to hide Wild Protest and your involvement with this application. Why?

I don't think we're trying to hide it. Again, we're trying to disperse the crowd. And he had called me and said he needed to submit a graphic advertisement, but also that he advised that we not you know, that we not—not like over publicize One Nation Under God. And so, I said, okay. I'll have it done, because either he was going to have to have the graphic work done and charge me or I can get volunteers to do it.

Help me understand how, on the day of January 6th, it's your testimony here today that you were trying to direct everyone to Lot 8. "I want to get everyone off the grounds. Need to go to Lot 8." But now you're testifying, "I wanted everyone dispersed." Help me understand that difference—

—great question. So, as I'm walking—as I'm walking and I am standing on those chairs, I'm still under this stupid belief that my event can take place, that all of this can be just deescalated and chilled out. By the time I ever make it to the northeast side, we're just trying to get people away from the building. And so whatever you have to say to get people away from the building, including "there's an alien, there's free burgers over there," you have got to get people away from the building. They were ignorantly a lot of people, what I observed personally, were ignorantly


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Page:A description of Greenland.djvu/119

Rh or Tuks, bended downwards over the sunder Jaw, of the length of half a Yard, and ometimes of a whole Yard and more. Thee Tuks are eteemed as much as Elephants Teeth; they are compact and olid, but hollow towards the Root. His Mouth is not unlike that of a Bull, covered above and beneath with trong Britles as big as a Straw. His Notrils are placed above his Mouth, as thoe of the Seal. His Eyes are firey red, which he can turn on all Sides, not being able to turn his Head, by Reaon of the Shortnes and Thicknes of his Neck. The Tail reembles a Seal's Tail, being thick and hort. His Fat is like Hogs Lard. He lies commonly upon the Ice Shoals, and can live a good while on Shore, till Hunger drives him back into the Seas; his Nourihment being both Herbs and Fihes. He nores very loud, when he leeps; and when he is provoked to Anger, he roars like a mad Bull. 'Tis a very bold and fierce Creature, and they ait each other, when attack'd, to the lat. He is continually at War with the White Bear, Rh


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Page:CTRL0000034607 - Deposition of Ali Alexander, (Dec. 9, 2021).pdf/134

134 you file for the application on December 21st, which happens to be the same day as the congressional meeting with the President?

We—the horrible thing about all of this was that I announced that we are, instead of doing State capitals, we're going to go to Washington, D.C., and that our voices will be peacefully heard outside. That's on video. And, when the President announces it—I believe the 19th is when his tweet was—was a Friday late afternoon, and all of the permitting offices were closed. So that was stupid on my end because I either hadn't talked to Stephen Brown or we hadn't decided on where we wanted to—where we wanted to do it because I was so busy in the States.

And so the 21st would have been the first available date in which my consultant would have had the information or the wherewithal at the time to have filed this. This is, you know, my understanding of it all.

Why did you file under One Nation Under God and not under "stop the steal"?

Because, as I've said before is—I even said this at the event where I appeared with Representative Andy Biggs, is that "stop the steal" could not just be political; it needs to be a Christian ministry as well. And that some groups didn't consider themselves political; they just wanted to pray over Democrats and Republicans, but they wanted to participate. They thought it was historic. And so we called it One Nation Under God because we also thought, well, you know, we don't want to over advertise this. And there's other events happening right by us that we want people to feel comfortable going to. If you see a big fat "stop the steal" logo, then we would be taking away from other people's events. I wanted to share the love.

What did you mean by "over advertise this"?

Just logistically, if the President of the United States is saying come to D.C.,


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138 participating—for whatever reason, they were ignorantly participating in being in areas that they had no business in.

So, in the lead up to January 6th, you were trying to minimize "stop the steal's" involvement to have people dispersed. Correct?

I wanted to share—I definitely wanted, you know, as full a crowd as we could have. And, as I understood it—again, my consultant is telling me sometimes you can have more people, and sometimes the cops will give you a warning, but they won't just tell you to disperse without a warning. And that is what I'm aware the norms are, and I just thumbs-up that.

But, on January 6th, you're not telling people to disperse onto various lots. You're telling them to go to your event on Lot 8. That's correct? Right?

I'd refer you to my answer before my last answer, which is that it happens in two different sections. When I first see the conflict, and what I'm trying to do is get everyone over to Lot 8 because I ignorantly believe that, even though this is a little collapse of civil authority, we'll still be able to have our event. When I run into the U.S. Capitol Police officer or I don't know if he was the U.S. Capitol Police or the D.C. Metro, but I talked to a gentleman on the north side. He also says, "Go that way, go that way, go to the east and north." So he's also—the cop is reiterating what we've just reiterated, that makes me feel good. When I crossed the corner on to the east side and I am expecting a peaceful people in my stage and instead what I see is people on the plaza, people on the grounds, people on the Capitol, then I realize, oh, it wasn't just the west side that had essentially collapsed, but the east side had collapsed. I wasn't aware of that. Then it was, like, tell people to go to Lot 8 because it is the farthest point away from the physical building.

Did you ever file any other permits, and let's just cabin it between November


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133 chronologically now for your planning for January 6th, just to give you an idea. Right? So you have the idea around the 16th or 17th. You spoke about it at your rally on December 19th. I just went through the texts with Mr. Alex Jones on the 20th. You do not recall the congressional meeting on the 21st.

So now we're going to move to the One Nation Under God permit. You told us that Mr. Stephen Brown—you hired him to help you do it seems like planning for the January 6th. Did you tell him to file for a permit for January 6th in Washington, D.C.?

Yeah, I have no idea how to do that by myself.

That's fair. No, that's fair.

So why did you—did you direct him to file the permit or apply—do the permit application under One Nation Under God?

I know we had consultation about it. And I believe that—we had a consultation about it, and I don't know how we decided on the name. But, like I said, One Nation Under God was a coalition effort of "stop the steal," which is itself a coalition, and then other Christian and Jewish groups.

If I were to ask Mr. Brown whose decision it was to file the permit under One Nation Under God, it's your testimony here today that you all discussed this together and made the decision together?

That's why I hire consultants, yeah. They consult me, and then I make a decision on what I'm comfortable with based off of expertise that I don't have.

So, look, I'm saying so is it your testimony here today that, if I were to ask Mr. Stephen Brown whether he consulted you on filing this application under One Nation Under God, his answer would be yes, right? That's your testimony?

I believe so.

Okay. So the date on the application was December 21st, 2020. Why did


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title: Index:Peterson Magazine 1861B.pdf


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84 to whom he often proves too hard with this mighty Tuks, and often kills him, or at leat, does not give over till they both expire.

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135 then all of those people could not attend my event. I wanted them to be able to attend other events as well. We didn't "stop the steal."

Who is in control One Nation Under God?

One Nation Under God is a pseudonym. And, as I understand it, based off what my consultant told me, is that on permits the event name and organization name are synonymous with each other.

So there's no one who's in control of One Nation Under God that could give Mr. Brown permission to file this permit under that name?

It's a—it's more of an event name. Like, for example, I believe that I participated in an anti-CCP, pro-Uyghur event, and, like, on their application, it will say the event name under organization—from my understanding when you're dealing with these agencies, you know, these consultants tell you it doesn't have to be a (c)(4) or (c)(3). It doesn't have to have a board of directors; it just can be an event name.

I'm not following.

Can you go to exhibit 36 for me, please? This is going to be the actual application you submitted. And I know everything is double sided, but go to, like, the fourth physical page of exhibit 36. And box 1 says, "organization and/or spokesperson." You just said it could be the event name. Where in box 1 does it say it can be the event name?

Well, as I just testified, that's what my consultant told me that that's a norm within it. And I didn't fill out this application; my consultant did.

So, if I were to go ask Mr. Stephen Brown whether it was his decision to put One Nation Under God as the organization and/or spokesperson, your testimony is that was his decision?

My testimony is that we came up—after talking with one another, we came


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136 up with that.

So you had some input in putting One Nation Under God as the organization and/or spokeperson?

Yes.

Why? If it wasn't an organization or a spokesperson?

I just told you what the norms are for these applications that I have not seen.

Where did you get these norms from?

The highly credentialed expert, Stephen Brown.

So, if were to ask Mr. Stephen Brown whether he told you the norm is that you could put One Nation Under God in box 1, your testimony is he would say yes?

Yes. I'm not even aware that there was a box 1. I didn't see a copy of these applications before they're submitted.

Were you trying to keep the term "stop the steal" off the application?

I'm—I wasn't opposed to having a "stop the steal" branded event until I thought we got a crappy lot. There are other patriots who have done great work that deserve some of the audience. I can't fit everybody. And that was my main consideration, to my best recollection, of why we chose to do something, in addition to the Christian and the Jewish groups that did not want—you know, it is the last electorial day for us.

So, if you go to exhibit 32, and I would direct you to the second page, the second physical page. These are text messages between you and Mr. Stephen Brown. The—

You said 32?

Yep, exhibit 32.