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Rh regarded as unquestionably of Bala age. This is shown conclusively by the Brachiopods, and especially by Trilobites of the following forms—Sphærexochus mirus, Cheirurus juvenis, C. cancrurus, C. gelasinosus, C. octolobatus, Lichas laxatus, L. hibernicus, Illænus Bowmanni, I. Davisii, Phacops macrourus, P. apiculatus, constituting amongst the latter a characteristic assemblage of Caradoc or Bala types. It is somewhat curious that of the two commonest and most characteristic Trilobites of the Dufton shales, Calymene Blumenbachii is hardly known in the Coniston Limestone, and Trinucleus concentricus is generally absent. The latter occurs plentifully in the "Trinucleus-shales" of Prof. Hughes, a locally developed group at the summit of the Coniston Limestone in the Sedbergh district. The evidence to be derived from the Brachiopods is equally conclusive with that of the Trilobites, all the common forms being characteristic species of the Bala formation; but it is not necessary to enter into further details on this point.

It remains briefly to consider the conditions under which the Coniston Limestone series was deposited. On this matter we wish especially to indicate that there seems to be good evidence that the volcanic activity which produced the vast mass of ash, breccias, and lavas constituting the Borrowdale series, though greatly mitigated in intensity, had not entirely died out during the period of the deposition of the Coniston Limestone and Dufton Shales, but continued to operate at occasional intervals. It would seem probable that the Lake-district was not entirely submerged at the time when the Coniston series began to be laid down, but that a portion of the volcanic region remained above the level of the sea, its vents occasionally giving exit to showers of volcanic ashes or even currents of lava. If this hypothesis be established, it would follow that there was no breach of continuity between the close of the Borrowdale series and the commencement of the Coniston series, but that the two groups of rocks are intimately related, and in point of fact actually overlap one another in time. The principal grounds which at present appear to indicate the correctness of this hypothesis may be briefly stated as follows:—

(1) The intercalation in the Borrowdale series, close to its summit, of a band of fossiliferous shales containing Bala species, proves that the volcanic energy of this period still continued in force at a time when the sea was peopled with well-known Bala Brachiopods and Trilobites. The shales in question (Style-End Grassing beds) are usually separated from the Coniston Limestone proper by a mass of lava; but they are undoubtedly to be regarded as, palæontologically, a portion of the Coniston series.

(2) The presence of beds of ashes, containing numerous fossils, high up in the Dufton Shales at Swindale, near Knock, proves similarly that the volcanic eruptions of the preceding period had not entirely ceased at the time when the Dufton shales were in course of formation, and these shales, as we have seen, belong palæontologically to the Lower Coniston group, and are only a local development of the base of the Coniston Limestone itself.


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Rh The metamorphic limestone of Wastdale Head has above it rocks which also exhibit changes, the effect of the influence of the Wastdale-Crag granite. These appear in the form of rocks banded white and black with a pseudo-gneissic structure, the black bands beginning to prevail higher up in the series until hard dark-grey strata prevail, having lighter beds associated with them. These light-grey rocks are very compact, showing no traces of lamination, and possessing a conchoidal fracture. They are translucent on the edges, and, but for their colour, would be referred to the Helleflint of the Swedes, or to some form of felstone, were it not for their bedded character, which is very manifest. These rocks are intersected by an Elvan dyke emanating from the granite. This Elvan dyke effervesces with acids, from the presence of carbonate of lime derived from the metamorphic limestone, which has infiltrated itself into the interstices of this dike.

The fossils of the Coniston Limestone are numerous, but usually not well preserved. Sometimes they occur in great numbers, and in a state of good preservation, in the limestone itself, as is the case at Keisley. Usually the limestone is nearly destitute of fossils, and the palæontologist is obliged to have recourse to the shales associated with the limestone, in which the fossils, though numerous, are greatly distorted by cleavage. Without quoting here the lists of fossils from the Coniston Limestone given by M'Coy (Palæozoic Fossils) and by Salter (Cat. Cambr. and Sil. Fossils), we subjoin a list of the more important in our own collections, which have been mostly obtained from the limestone of Keisley, near Dufton.

1. Petraia, sp. Keisley.

2. Chætetes, sp. A small dendroid form, such as is usually called Stenopora fibrosa, var. ramulosa: the surface is unknown; but it is perhaps referable to Chætetes Fletcheri, E. & H. Keisley.

3. Heliolites insterstincta, Linn. Pool Wyke.

4. Halysites catenularis, Linn. Keisley.

5. Petraia æquisulcata, M'Coy. Millom and Long Sleddale.

1. Fenestella (?) assimilis, Lonsd. Keisley.

2. Ptilodictya costellata, M'Coy. Millom.

3. Ptilodictya, sp. Keisley.

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Rh hard grey or bluish grey, cleaved, and often highly calcareous shales, containing numerous nodules or thin but distinct bands of limestone. In some places the beds of limestone are the most largely developed; and in other places the shales predominate; but the two elements of the group are usually intermixed, and alternate with one another indefinitely. At some localities, again, as at Ash Gill, near Torver, and at the head of Appletreeworth Beck, the shales are largely developed at the expense of the limestone, and are sufficiently thick to have been extensively worked for slates. At Keisley, near Dufton, again, the series is almost calcareous, and the shales appear to be entirely confined to its upper portion. Finally, at Beck and Waterblain, near Millom, the group consists of an upper series of cleaved fossiliferous shales, in the lower part of which a great thickness of limestone is developed, dis continuously, in the form of great lenticular masses of a purely calcareous nature.

In its intimate characters the limestone of the Coniston Limestone group differs greatly in different localities. Usually it presents itself as a hard, compact, greyish blue, grey, or nearly black limestone, which, in thin sections prepared for the microscope, exhibits a subgranular matrix in. which fragments of Crinoids, Corals, or Brachiopods are imbedded at intervals. At Keisley (fig. 2), where we have most carefully examined it, three principal varieties may be distinguished:—(1) a hard, compact, greyish blue limestone with the microscopic characters and general aspect of the ordinary variety of the limestone just alluded to; (2) a reddish or pink compact marble with numerous patches of white calcite, both portions of the mass appearing, in microscopic sections, to be crowded with minute organisms and fragments of larger fossils; (3) a light-coloured, whitish blue or white, coarsely crystalline limestone, which is seen, in thin sections, to be composed of innumerable fragmentary organic remains and microzoa; imbedded in transparent calcite, and having large crystals of calc-spar with their characteristic cleavage-lines shooting through the mass in various directions.


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Rh

1. Petraia, sp. Swindale.

2. Chætctes, sp. An incrusting, subniassive species, commonly growing on Orthocerata. Thin sections show that the tubes are furnished with a few remote tabulæ. Surface characters unknown. Common at Pusgill along with Discina corona, Salt., sp., Bellerophon bilobatus, Sow., &c.

1. Conchicolites gregarius, Nich. This singular form is found abundantly along with the incrusting species of Chætetes just spoken of, attached to the outer surface of Orthocerata, in the Discina-corona bed.

1. Leptæna transversalis, Wahl. Smelt Mill, Hilton.

2. Strophomena expansa, Sow. Harthwaite Gill, Dufton.

3. Leptæna sericea, Sow. A small variety of this shell with fewer principal radii than the normal form, and of about half its size, occurs very abundantly in Pusgill, and less commonly in all the other localities.

4. Orthis testudinaria, Dalm. Swindale and Pusgill.

5. Discina (Trematis) corona, Salt. This fine Brachiopod occurs abundantly, though in a more or less fragmentary condition, in a single stratum in Pusgill, along with Orthocerata, Conchicolites gregarius, Bellerophon bilobatus, &c.

6. Lingula tennigranulata, M'Coy. Pusgill.

7. ovata, M'Coy. Pusgill. Both these Lingulæ seem to be confined to the stratum with Discina corona.

8. Orthis biforata, Schloth. Dufton-Town dykes.

9. Strophomena rhomboidalis, Wilckens. Pusgill.

10. Orthis vespertilio, Sow. Dufton-Town dykes.

1. Bellerophon bilobatus, Sow. Pusgill.

1. Orthoceras, sp. A smooth form resembling O. baculiferme, M'Coy. Common at Pusgill, in the Discina-corona stratum.

2. Oncoceras, sp. Not uncommon at Pusgill, in the same bed as the preceding.

1. Calymene Blumenbachii, Brongn. Very abundant in Pusgill and Dufton-Town dykes, less so in Swindale.

2. Trinucleus concentricus, Eaton. Very abundant in Pusgill and Dufton-Town dykes, less abundant in Swindale.

3. Cybele verrucosa, Dalm. Dufton-Town dyke.

4. Ampyx nudus, Murch. (?) Rare in Pusgill.

5. Lichas laxatus, M'Coy. Pusgill.

6. Illænus Bowmanni, Salt. Swindale and Hilton.

7. Encrinurus, sp. Pusgill.

8. Beyrichia Wilckensiana, Jones. Abundant in Pusgill in the Discina-corona bed, and also in the ashy beds in Swindale.

9. Primitia semicircularis, Jones & Holl. In ashy beds. Swindale.

The predominance in the Dufton Shales of such Brachiopods as Strophomena expansa, Leptæna sericea, Orthis testudinaria, O. vespertilio, O. biforata, and Lingula ovalis, together with the abundance of such trilobites as Calymene Blumenhachii, Trinucleus concentricus,


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 and should be in six sheets viz: one sheet for the island of Yezo,—one sheset for the Main Island, to extend aa far as Lake Inabashiro—second sheet for Main Island to extend as fat as Lake Biwa. Third sheet for the remainder of the Main Island. One sheet for the island of Sikok, and adjoining coast. One sheet for the island of Kiusiu, and adjoining coast. The probable cost of executing these completely and in a finished manner would be about $400, the principal items in which sum consist of the Chinese, or Japanese, draughtsmen. Then maps might be enlarged from Japanese maps, many of which are of very considerable accuracy. In fact so accurate are they that some of the present charts used by navigators are compiled from them.

The maps so made would be useful only for hanging on walls, and tracing journeys on with a pointer. They would not be suitable for measuring from, or for photographing or otherwise copying.

Mr. Brunton then read his paper on “Constructive Art in Japan.”

Mr. Cargill acquiesced in the observations made by Mr. Brunton on the indifferent material used in building, such as spongy bricks, lime that had lost its essential quality, and indifferent timber which began to rot as soon as it was put to use, and that as for the grotesque but pretentions specimens of the foreign style of architecture in Yokohama, to which he had drawn attention in the New Town Hall and Custom House, he might have added the new Post office, and the British Consulate, the latter being especially hideous. As for the adaptation of buildings to resist earthquakes, and the general use of timber in Japan for the temples and other costly structures which, from their antiquity, seem to have resisted shocks that had proved so disastrous to many towns, he presumed that timber was deemed well suited for resisting those terrible visitations. In other countries the same idea prevailed. He had heard people in San Francisco taking comfort from having so many of their houses built of timber, and being on that account more safe. The town of Wellington in New Zealand is wholly built of wood, private dwellings, public buildings, and churches, including even lofty steeples, that neighbourhood being subject to constant severe vibrations of the earth, and no other building material being deemed safe.

Sir Harry Parkes was of opinion that the light and elastic style of Japanese architecture had no reference to the necessities, or apprehensions occasioned by earthquakes. It is a primitive style of building taken chiefly from the Chinese, who are said to have followed the tent as their model in the long sweeping roof, supported, not on walls but on timber uprights. The Japanese have no experience of solid structures. To them in building timber is a material of first necessity, and scarcity of supply would be very seriously felt. It is probable that although the country within districts easy of access has been denuded of its timber belts of forest still remain which cannot at present be made available for want of means of transport.

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Page:Critical Pronouncing Dictionary (Walker, 4th edition, London, 1806).pdf/100

, d--mn′tn. a. 1em

, d′mz-p′pl. s. 1em

, -dpt′. v. a. 1em

, d-p-t′shn. s. 1em

, -dp′shn. s. 1em

, d. v. a. 1em

, d-ds′s-mte. v. a. 1em

, d-dm′. v. a. 1em

, d′dr. s. (98) (418) 1em

, d′drz-grss. s. 1em

, d′drz-tng. s. 1em

, d′drz-wrt. s. 1em

, d′d-bl. a. (405) 1em

, d-d-bl′l-t. s. 1em

, d′ds. s. (142) 1em

, d-dkt′. v. a. 1em

, d-dk′td-nss. s. 1em

, d-dk′shn. s. 1em

, d-dt′-mnt. s. 1em

, d-dsh′shn. s. (459) 1em

, d-dsh′shn-l. a. 1em

, d′d-t-r. a. (512) 1em

, d′dl. a. (405) 1em

, d′dl-p-td. a. 1em

, d-drss′. v. a. 1em

, d-drss′. s. 1em

, d-drs′sr. s. (98) 1em

, d-dse′. 1em

, d-d′snt. a. 1em

, d-dlse′. v. a. 1em

, d-d-ng′gr-f. s. 1em

, -dm′shn. s. (412) 1em

, -dpt′. s. 1em

, d′-kwte. a. (91) 1em

, d′-kwte-l. a. 1em

, d′-kwte-nss. s. 1em

, d-hre′. v. n. 1em

, d-h′rnse. s. 1em

, d-h′rn-s. s. (182) 1em

, d-h′rnt. a. 1em

, d-h′rnt. s. 1em

, d-h′rr. s. (98) 1em

, d-h′zhn. s. (451) 1em

, d-h′sv. s. (158) (428) 1em

, d-hb′bt. v. a. 1em

, d-h-bsh′shn. s. 1em

, d-j′sn-s. s. (182) 1em

, d-j′snt. a. 1em

, d-j′snt. s. 1em

, -d-f′f-rs. a. 1em

, -d-f′f-r. s. (534) 1em

, d-jct′. v. a. 1em

, d-jk′shn. s. 1em

, d-jk-tsh′s. a. 1em

, d′jk-tv. s. (512) 1em

, d′jk-tv-l. ad. 1em

, -d′. ad. (284) 1em

, d-jn′. v. a. (299) 1em

, d-jn′. v. n. 1em

, d-jrn′. v. a. (314) 1em

, d-jrn′mnt. s. 1em

, d′d-ps. a. (314) 1em

, d′t. s. 1em

, d-sh′shn. s. (459) 1em

, d-jdje′. v. a. 1em

, d-j-d-k′shn. s. 1em

, d-j′d-kte. v. a. 1em

, d′j-gte. v. a. (91) 1em

, d′j-mnt. s. 1em

, d′jnkt. s. 1em

, d′jnkt. a. 1em

, d-jnk′shn. s. 1em

, d-jnk′tv. s. (158) 1em

, d-j-r′shn. s. 1em

, d-jre′. v. a. 1em

, d-jst′. v. a. 1em

, d-jst′mnt. s. 1em

, d′j-tn-s. s. 1em

, d′j-tnt. s. (503, k) 1em

, d-jte′. v. a. 1em

, d-j′tr. s. (98) (166) 1em

, d′j-tr-r. a. (512) 1em

, d′j-vnt. a. 1em

, d′j-vte. v. a. 1em

, d-mzh′re-mnt. s. 1em

, d-mn-sh-r′shn. s. (452) 1em


text:
Page:Christianity and Greek Philosophy.djvu/5

AND

SPONTANEOUS AND REFLECTIVE THOUGHT IN GREECE AND THE POSITIVE TEACHING OF CHRIST AND HIS APOSTLES.


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TO

MY EARLIEST LITERARY FRIEND, WHOSE VIGOROUS WRITINGS HAVE STIMULATED MY INQUIRIES, WHOSE COUNSELS HAVE GUIDED MY STUDIES, AND WHOSE KIND AND GENEROUS WORDS HAVE ENCOURAGED ME TO PERSEVERANCE AMID NUMEROUS DIFFICULTIES,

I DEDICATE THIS VOLUME AS A TOKEN OF MY MORE THAN ORDINARY AFFECTION.

THE AUTHOR.


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 Forestry laws and the construction of roads evidently demand the serious attention of the Government.

In answer to the Chairman, Mr. Brunton said that from the various authorities which he had consulted he could not discover that the system of lightness and pliability in the construction of houses had been adopted in any country subject to earthquakes—except Japan. Certainly in South America and South Italy the buildings which were now erected ware of a most solid description—and those men who were authorities on the subject had, so far as his investigations had carried him, unanimously given a preference to strength as distinct from lightness or elasticity. In a building wanting in strength, its overthrow becomes certain when the velocity of the earthquake wave is such as to produce oscillation sufficient to destroy the equlibriumequilibrium [sic] of its upright parts. But in buildings where the mass or inertia is great, and the connection of the different parts of the walls is proportionately good oscillation is checked, and it may be said that overthrow is impossible—except of course in cases of irregular upheaval or cracking of the earth’s surface, or when the foundations of a building are destroyed. In such buildings fractures may certainly be caused at weak places in the walls, but their great advantage is, that on account of their immunity from overthrow, they give their inmates time to escape. The great destruction of buildings in Lisbon Naples and elsewhere by earthquakes has been shewn to be entirely owing to the faulty character of the masonry—there having been instances in the vicinity of the latter place where the front half of a wall has come down leaving the back half standing, shewing that there was no band or connection whatever between the two. In regard to concrete he believed that no substance could be found more suitable for building in earthquake countries, and be founded this belief on the grounds that there was no joint whatever in a concrete wall, that the whole building was as one stone, and that the connection between its parts was equable and thorough throughout. He could not conceive that a well-built concrete house could possibly be overthrown so long as its foundations were left intact.

Mr. Syle observed concerning the supposed absence of any system of apprenticeship among Japanese workmen, that in China there was no such deficiency; but on the contrary, that every workman—especially every bricklayer—seemed to be provided with two apprentices. As to the supply of timber in China; it had become the custom in some districts, to cultivate hill-sides, and crop them annually strip after strip, for thirty successive years; at the end of which time, the first portion will have grown up again. For building purposes, large quantities of fine lumber, brought across the Pacific from Oregon, were disposed of at Shanghai. Also a good deal of magnificent hard wood brought up from the Straits, in the Singapore junks.

Prof. W. E. Ayrton remarked that he was not sure whether it had yet dawned on the Japanese that porosity was an

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 objectionable character in bricks, since he remembered when, some months back, he visited Tskudashima where bricks were manufactured in considerable quantities by the convicts there, the Governor of the prison pointed out with great glee how a stack of black bricks absorbed pailful after pailful of water as it was thrown over them. He thought all must agree that Mr. Brunton’s severe criticisms of the new buildings in Tokio and Yokohama were most just, especially as regards the pastrycook style of architecture, the one most in vogue, which produced residences like sugared cakes, of layers of white plaster hiding a framework of unseasoned and ill-jointed wood. The builders of these houses appeared to have exercised the greatest ingenuity in combining the flaws of Japanese dwellings with the vices of second-rate European suburban villas; for where, in the modern Japanese house was the graceful roof-curves, the quaintly-moulded corner tiles, the grand entry with its curved scrolls, the picturesque eaves, the ingenious arrangement of rafter, and decorated panels of the Daimio’s home? Whilst warmth and solidity, so rightly esteemed as most important characteristics of European buildings, were conspicuous by their absence. He could scarcely agree with Mr. Brunton that the new brick houses in the Odori of Tokio, the main street of the metropolis of Japan, were satisfactory; since he considered the pretensions to the classic style displayed in the architecture had produced a result not more happy than the absence of all architecture in the more flimsy structures previously referred to. He doubted whether Europe’s ancient Gothic architects would approve of the new mongrel red-brick buildings of Tokio, that bear go strong a resemblance to national school-houses. In addition, to a race like the Japanese who loved brightness and sunshine, who passed the greater portion of their lives in the open air he could imagine nothing more distasteful than the small windows, absence of verandahs, and general gloom of a medieval building. What was really wanted in this country at the present moment was an architect who had thoroughly mastered the varieties and styles of the European schools of architecture, and who, in addition, had also studied the ingenious development of wooden structures in the United States. Such a man after arriving here would with similar industry study Japanese buildings and their extreme siutabilitysuitability [sic], in many respects, to the climate of the country and the tastes of the people. He would then be in a position to evolve buildings that did not as now combine the evils of all styles, but which, instead, bore evidence that the best points of native and imported art had been judiciously selected. We might then have buildings possessing the beauties of the yashiki and the conveniences and comforts of a first-rate English building.

The Meeting then terminated.

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text: Four Excellent New Songs (3)

title: Four Excellent New Songs (3)


text: Four Excellent New Songs (3)/Johnny's Grey-Breeks


text: Four Excellent New Songs (3)/The Answer

title: Four Excellent New Songs (3)/The Answer


text: Four Excellent New Songs (3)/The Tempest


text: Four Excellent New Songs (3)/The Considerate Nymph


text:
Page:Everywoman's World, Volume 8, Number 2.djvu/18

PAGE 16

''At fourteen I wrote "The History of Flossy Brighteyes," the biography of a doll. I couldn't kill a doll, but I dragged her through every other tribulation and then allowed her a happy old age with a good little girl who loved her for the dangers she had passed through and overlooked her consequent lack of beauty.''

HAVE spoken of the time I realized physical pain. My first realization of the mental pain of sorrow came when I was nine years old.

I had two pet kittens, Catkin and Pussy-willow. Catkin was a little too meek and pink-nosed to suit me, but Pussy-willow was the prettiest, "cutest" little scrap of gray-striped fur ever seen and I loved her passionately.

One morning I found her dying of poison, I shall never for, my agony of grief as I watched my little pet's bright eves glazing and her tiny paws growing stiff and cold. And I have never laughed with grown-up wisdom at my passionate sorrow over the little death. It was too real, too symbolical! It was the first time I realized death, the first time, since I had become conscious of loving, that anything I had loved left me forever. At that moment the curse of the race came upon me, "death entered into my world" and I turned my back on the Eden of childhood where everything had seemed everlasting. I was barred out of it forevermore the fiery sword of that keen and unforgettable pain.

We were Presbyterians, and went every Sunday to the old Cavendish Presbyterian Church on the bleak hill. It was never a handsome church, inside or out, but it was beautified in its worshippers' eyes by years of memories and sacred associations. Our pew was by a window and we looked out over the slope of the long western hill and the blue pond down to the curving rim of the sandhills and the fine sweep of the blue Gulf.

There was a big gallery at the back of the church. I always hankered to sit there, principally because I wasn't allowed to, no doubt, another instance of forbidden fruit! Once a year, on Sacrament Sunday, I was permitted to go up there with the other girls, and I considered it a great treat. We could look down over the whole congregation, which always flowered out that day in full bloom of new hats and dresses. Sacrament Sunday, then, was to us what Easter is to the dwellers in cities. We all had new hats or dresses, sometimes, oh, bliss, we had both! And I very much fear that we thought more about them than we did about the service and what it commemorated. It was rather a long service in those days, and we small fry used to get very tired and rather inclined to envy certain irresponsible folk who went out while the congregation sang "'Twas on that night when doomed to know." We liked the Sunday School much better than the church services. Some of my sweetest memories are of the hours spent in that old church with my little mates, with our testaments and lesson sheets held in our cotton-gloved hands. Saturday night we had been made learn our catechism and our Golden texts and our paraphrases. I always enjoyed reciting those _ paraphrases, particularly any that had dramatic lines.

The London Spectator, in a very kind review of "Anne of Green Gables" said that possibly Anne's precocity was slightly overdrawn in the statement that a child of eleven could appreciate the dramatic effect of the lines.

But I was only nine when those lines thrilled my very soul as I recited them in Sunday School. All through the sermon following I kept repeating them to myself. To this day they give me a mysterious pleasure and a pleasure quite independent of their meanings.

So ran the current of my life in childhood, very quiet and simple, you perceive. Nothing at all exciting about it, nothing that savours of a "career." Some might think it dull. But life never held for me a dull moment. I had, in my vivid imagination, a passport ot the geography of Fairyland. In a twinkling I could—and did—whisk myself into regions of wonderful adventures, unhampered by any restrictions of time or place.

Everything was invested with a kind of fairy grace and charm, emanating from my own fancy, the trees that whispered nightly around the old house where I slept, the woodsy nooks I explored, the homestead fields, each individualized by some oddity of fence or shape, the sea whose murmur was never out of my ears—all were radiant with "the glory and the dream."

I had always a deep love of nature. A little fern growing in the woods, a shallow sheet of June-bells under the firs, tight falling on the ivory column of a tall birch, an evening star over the old tamarack on the dyke, shadow-waves rolling over a field of ripe wheat—all gave me "thoughts that lay too deep for tears" and feelings which I had then no vocabulary to express.

It has always seemed to me, ever since early childhood, that, amid all the commonplaces of life, I was very near to a kingdom of ideal beauty. Between it and me hung only a thin veil. I could never draw it quite aside, but sometimes a wind fluttered it and I caught a glimpse of the enchanting realm beyond—only a glimpse—but those glimpses have always made life worth while.

It goes without saying that I was passionately fond of reading. We did not have a great many books in the house, but there were generally plenty of papers and a magazine or two. Grandmother took Godey's Lady's Book. I do not know if I would think much of that magazine now, but then I thought it wonderful, and its monthly advents were epochs to me. The opening pages were full of fashion plates and were a perpetual joy; I hung over them with delight, and whiled away many an hour choosing what frocks I would have if I could. Those were the days of bangs, bristles, and high-crowned hats, all of which I considered extremely beautiful and meant to have as soon as I was old enough. Beyond the fashion pages came the literary pabulum, short stories and serials, which I devoured ravenously, crying my eyes out in delicious woe over the agonies of the heroines who were all superlatively beautiful and good. Every one in fiction was either black or white in those days. There were no grays. The villains and villainesses were all neatly labelled and you were sure of your ground. The old method had its merits. Nowadays it is quite hard to tell which is the the hero. But there was never any doubt in Godey's Lady's Book. What books we had were well and often read. I had my especial favourites. There were two red-covered volumes of "A History of the World," with crudely coloured pictures, which were a never failing delight. I fear that, as history, they were rather poor stuff, but as story books they were very interesting. They began with Adam and Eve in Eden, went through "the glory that was Greece and the grandeur that was Rome," down to Victoria's reign.

HEN there was a missionary book dealing with the Pacific Islands, in which I revelled because it was full of pictures of cannibal chiefs with the most extraordinary hair arrangements. Hans Andersen's Tales were a perennial joy. I always loved fairy tales and delighted in ghost stories. Indeed, to this day I like nothing better than a well-told ghost story, warranted to send a cold creep down your spine. But it must be a real ghost story, mark you. The spook must not turn out a delusion and a snare.

''My "red letter day" came when I was nineteen and received my first cheque for a short story. I did not squander that five dollars in riotous living, nor invest it in necessary boots and gloves: no, I bought five volumes of poetry with it. I wanted something I could keep forever in memory of having "arrived."''

DID not have access to many noves. Those were the days when novels were frowned on as reading for children, The only novels in the house were Rob Roy, Pickwick Papers, and Bulwer Lytton's Zanoni; and I pored over them until I knew whole chapters by heart.

Fortunately poetry did not share the ban of novels. I could revel at will in Longfellow, Tennyson, Whittier, Scott, Byron, Milton, Burns. Poetry pored over in childhood becomes part of one's nature more thoroughly than that which is first read in mature years can ever do. Its music was woven into my growing soul and has echoed through it, consciously and subconsciously, ever since; "the music of the immortals, of those great, beautiful souls whose passing tread has made of earth holy ground."

But even poetry was barred on Sundays. Then our faithful standbys were Pilgrims' Progress and Talmage's Sermons. Pilgrims' Progress was read and re-read with never-failing delight. I am proud of this; but I am not quite so proud of the fact that I found just as much delight in reading Talmage's Sermons. That was Talmage's palmy day. All the travelling colporteurs carried his books, and a new volume of Talmage's meant then to us pretty much what a "best seller" does now. I cannot claim that it was the religion that attracted me, though at that age I liked the Talmage brand much; it was the anecdotes and the vivid, dramatic word-pictures. His sermons were as interesting as fiction. I am sure I couldn’t read them with any patience now; but I owe Talmage a very real debt of thanks for pleasure given to a child craving the vividness of life.

My favourite Sunday book thin little volume entitled "The Memoir of Anzonetta Peters." I shall never forget that book. It belonged to a type now vanished from the earth—fortunately—but much in vogue at that time. It was the biography of a child who at five years became converted, grew very ill soon afterward, lived a marvellously patient and saintly life for several years, and died, after great sufferings, at the age of ten.

I must have read that book a hundred times if I did once. I don't think it had a good effect on me. For one thing it discouraged me horribly. Anzonetta was so hopelessly perfect that I felt it was no use to try to imitate her, Yet I did try. She hever seemed by any chance to use the ordinary language of childhood at all. She invariably responded to any remark, if it were only "How are you to day, Anzonetta?" by quoting a verse of scripture or a hymn stanza. Anzonetta was a perfect hymnal. She died to a hymn, her last, faintly-whispered utterance being

I dared not attempt to use verses and hymns im current conversation. I had a wholesome conviction that I should be laughed at, and moreover, I doubted being understood. But I did my best; I wrote hymn after hymn in my little diary, and patterned the style of my entries after Anzonetta's remarks. For example, I remember writing gravely "I wish I were in Heaven now, with Mother and George Whitefield and Anzonetta B. Peters."

But I didn't really wish it. I only thought ought to. I was, in reality, very well contented with my own world, and my own little life full of cabbages and kings.

HAVE written at length about the incidents and environment of my childhood, because they had a marked influence on the development of my literary gift. A different environment would-have given it a different bias. Were it not for those Cavendish years, I do not think "Anne of Green Gables" would ever have been written.

When T am asked "When did you begin to write?" I say, "I wish I could remember." I cannot remember the time when I was not writing, or when I did not mean to be an author. To write has always been my central purpose around which every effort and hope and ambition of my life has grouped itself. I was an indefatigable little scribbler, and stacks of manuscripts, long ago reduced to ashes, alas, bore testimony to the same. I wrote about all the little incidents of my existence, I wrote descriptions of my favourite haunts, biographies of my many cats, histories of visits, and school affairs, and even critical reviews of the books I had read.

One wonderful day, when I was nine years old, I discovered that I could write poetry. I had been reading Thompson's "Seasons," of which a little black, curly-covered atrociously printed copy had fallen into my hands. So I composed a "poem" called "Autumn" in blank verse in imitation thereof. I wrote it, I remember, on the back of one of the long red "letter bills" then used in the postal service. It was seldom easy for me to get all the paper I wanted, and those blessed old letter bills were positive boons. Grandfather kept the post office, and three times a week a discarded "letter bill" came my grateful way. The Government was not economical then as now, at least in the matter of letter bills; they were then half a yard long.

As for "Autumn," I remember only the opening lines:

"Now autumn comes, laden with peach and pear;

The sportsman's horn is heard throughout the land

And the poor partridge, fluttering, falls dead."

True, peaches and pears were not abundant in Prince Edward Island at any season, and I am sure nobody ever heard a "sportsman's horn" in that Province, though there really was some partridge shooting. But in those glorious days my imagination refused to be hampered by facts. Thompson had sportsman's horns and so forth; therefore I must have them too.

Father came to see me the very day I wrote it, and I proudly read it to him. He remarked unenthusiastically that "it didn't sound much like poetry." This squelched me for a time; but if the love of writing is bred in your bones, you will be practically non-squelchable. Once I had found out that I could write poetry 1 overflowed into verse over everything. I wrote in rhyme after that, though, having concluded that it was because "Autumn" did not rhyme that Father thought it wasn't poetry. I wrote yards of verses about flowers and months and trees and stars and sunsets, An. I addressed "Lives" to my friends.

A school chum of mine, Alma M—, had also a knack of writing (Continued on page 32)

''My old home at Cavendish, Prince Edward Island, taken from the front. In the grove to the left was our playhouse with the wonderful door that we made ourselves.''


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Four Favourite

The Sailor's Journal. Culloden. Old Towler. Pea Strae.

NEWTON-STEWART Printed and Sold, Wholesale and Retail, by.

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User talk:Shlomo

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 452 MARIE ANTOINETTE'S TALISMAN.

influence with the people, your protection from her enemies - what will be your answer?"

"Perhaps, that it is too late."

The time will come, and then you must remember Du Barry, who wishes to aid in this ; who implores your permission to pay a vast debt of gratitude to the grandson of Louis the Fifteenth to the daughter of Marie Therese, who was so pure and good herself that she never went out of her way to taunt or insult those who were less fortunate. To the clemency and forbearance of Louis, and his most persecuted queen, I am indebted for every frane that makes up my wealth ; I ask nothing better than to employ it all in their service. When you are a friend of the monarchy, let me find the money which the cause will so much need. Thus you and I will unite in one holy cause, which shall redeem much evil that we may have done. You, with your eloquence, and. I, with money, which justly belongs to the crown, may, perhaps, be so fortunate as to save the monarchy of France. "

The woman spoke earnestly, sometimes with passionate warmth, that astonished the man she addressed. He knew that she was in earnest, that a grander element than could be found in his heart was speaking through her words. Perhaps he felt, through all its subtle indirection, that something like a bribe for his influence lay under all this real generosity ; but Mirabeau was not a man to revolt at an idea, so long as it took no offensive clearness. On the contrary, he reflected that his own power would be wonderfully enhanced by wealth, let. it come in what form it would.

"Have you spoken of this to the queen?" he inquired.

"How could I? She would reject it. No, there is but one way, and that I have pointed out. The time will come when this persecuted lady will seek the friendship of a man who con- monotony of her work, and, pausing with her trols the people of Paris, who knows how to thread half-drawn, listened eagerly. She had excite or depress the passions of her enemies heard a step on the stairs, though her mother When that day arrives, the money she would had not-a step that made the heart leap in her scorn now can be used in her behalf." innocent bosom, and a smile of loving expecta

"God grant that the rabble does not get beyond all control before she comes to her senses, " said the count, thoughtfully. "Ignorance and passion are hard things to manage ; but if Mirabeau cannot control them- where is the human power that can?"

Du Barry laid her hand on his arm.

" Some day your old friend may ask that protection for herself," she said.

"It shall not be asked in vain, " answered the count, holding the door for her to pass.

When Madame Du Barry reached her lodgings she found Zamara, who had just come in from Versailles. His clothes were muddy, his face heavy with disappointment.

"Madame, Zamara has failed; he could not get the ring; she never takes it from her finger,” he said. Madame only answered.

"The fates are against us, Zamara."

CHAPTER XXI.

MADAME GOSNER and Marguerite were alone in their room, which had become more gloomy than ever since their disappointment. All the spare time these two women could obtain from their sorrow was given to the toil which earned their daily bread; and this evening they were working diligently at some embroidery which was wanted in haste for a court-dress. The very nature of her employment, perhaps, exasperated the poverty of the elder woman, whose hatred of the monarchs of France amounted almost to monomania. She went on sewing with sharp energy, taking her stitches with jerks, as if she picked them out with the point of a dagger. Her breath came heavily as she worked, and her lips were pressed together but she had not spoken in an hour.

Marguerite was sewing also, but her thread came out with a more even pull, and the delicate surface of her work revealed no imperfect stitches. The dull, heavy gloom which lay upon her mother was not dark enough to kill all the girlhood in that young bosom; and more than once a faint smile flitted across her lips, as if the thoughts in her mind were not altogether melancholy. Remember, Marguerite had never seen her father, and the blow of his death was not so terrible to her as it had proved to the stricken woman.

At last the young girl looked up from the dull monotony of her work, and, pausing with her thread half-drawn, listened eagerly. She had heard a step on the stairs, though her mother had not—a step that made the heart leap in her innocent bosom, and a smile of loving expectation tremble on her lips. At an earlier day she would have spoken when she heard that step on the stairs ; but now she hid the knowledge away like a precious secret, which not even her mother might share.

Yes, it was surely Monsieur Jaque. Madame Gosner heard it now, and suspended her work. Was it possible that he was coming with news! Even in her despair this poor woman was always expecting news, and holding her breath as a footstep passed her door.

It opened now, and Monsieur Jaque came in,

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 3. The Dismissal With Prejudice

Ordinarily, a case dismissed for lack of subject matter jurisdiction should be dismissed without prejudice so that a plaintiff may reassert his claims in a competent court. Black v. Payne, 591 F.2d 83, 86 (9th Cir.), ''cert. denied'', 444 U.S. 867, 100 S.Ct. 139, 62 L.Ed.2d 90 (1979). Here, however, the bar of sovereign immunity is absolute: no other court has the power to hear the case, nor can the Frigards redraft their claims to avoid the exceptions to the FTCA. Thus, the district court did not abuse its discretion in dismissing the action with prejudice.

AFFIRMED.

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 H. Michael Brucker, Oakland, Cal., Steven M. Kipperman, San Francisco, Cal., for defendant-appellant.

Sheldon R. Meyer, Karen S. Smith, Fliesler, Dubb, Meyer & Lovejoy, San Francisco, Cal., William McLean, Thoits, Love, Hershberger & McLean, Palo Alto, Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of California.

Before BROWNING, HUG and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Plaintiff-appellee Data East USA, Inc., brought this action against defendant-appellant Epyx, Inc. for copyright, trademark, and trade dress infringement. The district court found a copyright infringement and issued a permanent injunction and impoundment. Epyx appeals the grant of the permanent injunction.

Epyx contends (1) the district court erred in granting the injunction because Epyx never had access to Data East’s copyrighted work, (2) the district court erred in finding substantial similarity, and (3) the district court’s injunction was impermissibly vague and overbroad. We reverse.

I. FACTS

Data East is a California corporation engaged in the design, manufacture, and sale of audio-visual works embodied in video games for coin-operated and home computer use. In July 1984, Data East commenced distribution in Japan of an arcade game entitled “Karate Champ” (“Arcade # 1”). In September 1984, Data East commenced distribution in Japan and later in the United States and Europe of an updated version of “Karate Champ” (“Arcade # 2” or more generally as “arcade game”). Finally, on October 12, 1985, Data East commenced distribution in the United States of a home computer game version of “Karate Champ” (“home game”). Data East applied for and received audio-visual copyright certificates for each game.

In November of 1985, System III Software, Ltd., an English company, commenced distribution in England of a home computer game entitled “International Karate.” Epyx, a California corporation engaged in the development and distribution of audio-visual works for use on home computers, obtained a license agreement with System III and commenced distribution in the United States on April 30, 1986 of a Commodore-compatible version of “International Karate” under the name “World Karate Championship.”

Each competing product, “Karate Champ” and “World Karate Championship,” consists of the audio-visual depiction of a karate match or matches conducted by two combatants, one clad in a typical white outfit and the other in red. Successive phases of combat are conducted against varying stationary background images depicting localities or geographic scenes. The match is supervised by a referee who directs the beginning and end of each phase of combat and announces the winning combatant of each phase by means of a cartoon-style speech balloon. Each game has a bonus round where the karate combatant breaks bricks and dodges objects. Similarities also exist in the moves used by the combatants and the scoring method.

Data East alleged that the overall appearance, compilation, and sequence of the

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MARIE ANTOINETTE'S TALISMAN. 453 pale, worn, and so weak from protracted excitement that he fell upon a chair, and wiped the heavy drops from his forehead before speaking a word. Madame Gosner looked at him earnestly. He understood the question in her eyes, and answered as if she had spoken.

"Yes, my friend, I have been to the Bastile. I have wandered through those infernal vaults, and seen such sights."

"Have you been in that cell?"

Madame Gosner's voice was sharp as the cry of an eagle. She had lost all control of herself.

"Yes, I have been there, and I have seen him-your husband

"Alive?"

"Alive! I held his hand-I spoke with him. He told me his name. It was he who cried out when your voice penetrated his dungeon . They have practiced a foul fraud on us- one that shall be answered by the thunders of those stones as we hurl down that accursed building. Madame Gosner stood up, and lifted her clasped hands on high.

"So help me God, I will never rest till this thing is done!"

She spoke like a woman inspired ; her very statue seemed to rise higher ; her chest expanded itself.

"Be it so. I have already sworn," said Monsieur Jaque; and the two went out together, leaving Marguerite alone upon her knees, where she had fallen.

All was changed now in the humble dwelling of Madame Gosner. No more work was done; scarcely was there food enough prepared to sus- tain the strength of that excited woman. Solemn duties lay before her—a gigantic task, which she would perform, or die. The people of France were to be aroused into keener vindictiveness—the women organized—the clubs spurred to swifter action. Stern and terrible had been the effect of Monsieur Jaque’s intelligence on the woman who had refused to consider herself a widow. Her whole being rose up in bitter wrath against what she deemed a horrible fraud. So fixed and deep were her prejudices against the royal family, that she never, for a moment, doubted that the king himself, if not the queen, had sanctioned the wrong that had been done, rather than cast a new witness of royal cruelty among the people to bear testimony against them.

With these feelings, it is not strange that all the sweet sentiments of undisturbed womanhood was, for a time, swept out of her nature. No amazon born to war ever suffered or felt a deeper thirst for vengeance than possessed her. From that day her very face changed ; all its fine features were set, and locked with the iron resolution that possessed her. In some way her busband should be set free, or fearfully avenged. Many a woman beside herself had equal wrongs and equal suffering to redress or avenge ; but, lacking a leader and organization, this great force, this underlying principle, which was enough to stir the already excited passions of the lower order into anarchy at any moment, had as yet been allowed to exhaust itself in complaint and denunciation. Now it should be centralized and spread forth from an organized source.

Madame Gosner knew that she was eloquent, and felt within herself all the force of great individual strength; that which had been an idea before was a fixed resolve now. In order to liberate her husband, freedom must first be given to the French people. She could only reach his dungeon through the ruins of the Bastile.

That day a strange sight was witnessed in the market-places of Paris. A woman, clad like the commonest working-woman, but of commanding presence, was seen moving from stall to stall with the firm, energetic tread of an officer mustering recruits. At each stall she uttered words that burned and thrilled through the heart of the occupant like the blast of a where trumpet, yet they were spoken in a low voice, and circulated through the market from lip to lip, drawing the women together in clusters, who told each other the story of this woman, and swore to avenge her.

Her low, stern utterance of wrongs that seemed without a parallel, was like a spark of living fire flung into their own smouldering passions.

That night a Jacobin club-house was crowded with eager women. From the market, the garrets, and the cellars of Paris, they gathered, crowding their husbands and sons aside that they might hear something of their own wrongs from the tongue of a terribly persecuted woman.

Gosner's wife stood among them like a prestess. Unlike the women around her, she was edu cated, eloquent, powerfully impassioned, but capable of deep reasoning. She had dwelt so long on the wrongs of France that her acute mind searched down to the very roots of all the grievances that disturbed her people, and laid them bare before the rude women, who seized upon them as hounds fasten upon game, routed from bush and covert by the huntsman.

For two hours she filled that Jacobin stronghold with such burning eloquence as never

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454 MARIE ANTOINETTE'S TALISMAN.

before had fired the hearts of those rude, impetuous women, not cruel then, but who afterward leaped into the fight, unsexed, fierce, wicked female tigers, who, having tasted blood, lost forever afterward all relish for the milk of human kindness. It was this awful element that the genius of Madame Gosner aroused in the heart of France; it was this which cast eternal shame upon one of the greatest nations of the earth; it was this which makes all true and refined women tremble when they are called upon to plunge into the arena of politics, or the strife of nations.

True, the women of France had, perhaps, more excuse for revolt than those of any other country. Misery, hardship, and injustice, drove them into a storm of politics with terrible violence. With a single leap they sprung out of absolute subjugation into a wild chaos of ideas. In riot, rapine, and bloodthirstiness, they shamed the coarsest men by their unbridled excesses. While violating all law, and trampling human rights under foot, they sang pans to liberty, and inaugurated their terrible orgies with declarations of equal rights and eternal brotherhood. Such were the women who, claiming political equality with men, and superiority over monarchs, flung all the sweet attributes of the sex behind them in the turmoil of politics, and in a subsequent carnival of blood forgot that they had ever been wives and mothers.

How could it be otherwise? The woman who once flings aside all the beautiful entanglements of home, and assumes duties which never were intended for her; who gives free rein to the coarser passions, plunges into such fierce struggles as brutalize men, and still expect to return at any period to the gentle immunities of womanhood, knows little of the destiny she is carving for herself.

Imagine the women of France going home from a fierce debate at the clubs to caress their little ones, and teach them their prayers at night; could they touch the smiling mouths of innocent children with lips hot with smouldering hate, or curl their silken tresses over fingers wet with human blood? Could they, without an outrage to humanity, permit their little ones to kneel in holy prayer at the feet which had just been treading down saw-dust around the guillotine? After partaking of such scenes, could any woman ever expect to go back to her sweet motherhood in the shelter of home? No, no; the quiet life, the care of childhood, the love of strong men, are not for such women. Let them once forsake the shelter of domestic life, the blessedness of home, and half that is valuable in existence lies behind them. When they enter the turmoil of moral or physical war, return is impossible; a great gulf has been dug between them, and the blessedness of womanhood, which can never be repassed.

In her despair, Madame Gosner thought nothing of the great moral effect her action might produce. She had, for years, been urged forward by one grand womanly motive-the freedom of her husband. If this object had sometimes led her into strange positions, great love had always sanctified them. She had endured poverty, humiliation, sickness, with the strength of a martyr, and in all things had protected the delicacy of her child. Even in the depths of her sorrow she had found time to educate this girl and fill her mind with all the refinements which make womanhood beautiful. But now, in the madness of her despair, she forgot everything but her wrongs, and the agony of a slain hope. What was that miserable shadow of a home to her? What was there on the broad earth but misery and desolation for a woman so bereaved, and so cruelly dealt by? In her anguish she felt a yearning sympathy for the thousands and thousands of women who haunted the market-places and streets of Paris with an eternal craving for bread written on their half-famished faces; for the earth, as well as the people of the earth, had, for two successive years, been cruel to the poor; but of her very womanhood, this long- suffering matron ceased to be womanly. Was she insane? Had one idea preyed so heavily on her mind that it swept all other thoughts before it?

Be this as it may, from the hour of that terrible disappointment, Madame Gosner, the woman, was lost in the patriot. In gaining freedom for her husband, she took upon herself the gigantic task of giving liberty to France. This spirit animated her whole being; it inflamed her speeches, it aroused her in the dead of night, and filled her dreams with burning pictures of liberty. She had but two possessions left- her own talents and her daughter. In the depths of her soul she devoted both to her country. All hopes of individual happiness became a thing of the past to her.

With Monsieur Jaque the ideas of liberty, as they were given forth to the people, like an inspiration, from the tongue and pen of Mirabeau, had consolidated themselves into a passion; but, like Mirabeau, he still clung to the monarchy, and hoped to liberalize France by making its king the enemy of his own power. Brought up and educated as he had been, day by day, with his foster-brother,

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 audio-visual display of the video game “World Karate Championship” infringed its copyright for “Karate Champ” as embodied in the arcade and home versions of the video game. Data East also charged Epyx with trademark and trade dress infringement.

The district court found that except for the graphic quality of Epyx’s expressions, part of the scoreboard, the referee’s physical appearance, and minor particulars in the “bonus phases,” Data East’s and Epyx’s games are qualitatively identical. The district court then held that Epyx’s game infringes the copyright Data East has in “Karate Champ.” The district court, however, found no trademark or trade dress infringement. Based upon its decision, the district court permanently restrained and enjoined Epyx from copying, preparing derivative works, distributing, performing, or displaying the copyrighted work in the “Karate Champ” video game, the “World Karate Championship” game, or the “International Karate” game. A recall of all Commodore computer games of “World Karate Championship” and “International Karate” was ordered. This appeal followed.

II. DISCUSSION

A district court’s determination of findings of fact is subject to the clearly erroneous standard of review. McCulloch v. Price, 823 F.2d 316, 318 (9th Cir.1987); Anderson v. City of Bessemer City, 470 U.S. 564, 572, 105 S.Ct. 1504, 1510, 84 L.Ed.2d 518 (1985). The issues of access and substantial similarity are findings of fact reviewable for clear error. McCulloch, 823 F.2d at 318. Under the clearly erroneouslyerroneous [sic] standard of review, an appellate court must accept the lower court’s findings of fact unless upon review the appellate court is left with the definite and firm conviction that a mistake has been committed. United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948); Dollar Rent aA [sic] Car of Washington, Inc. v. Travelers Indemnity Co., 774 F.2d 1371, 1374 (9th Cir.1985).

To establish copyright infringement, Data East must prove both ownership of a valid copyright and “copying” by Epyx of the copyrighted work. Sid & Marty Krofft Television ProductsProductions [sic], Inc. v. McDonald’s Corp., 562 F.2d 1157, 1162 (9th Cir.1977). It is undisputed that Data East is the registered copyright owner of the audio-visual work for each version of “Karate Champ.” Thus we need only determine whether Epyx copied “Karate Champ.” This sounds simple and straightforward. It is not.

As in most infringement cases of this kind, no direct evidence was developed that System III Software or anybody else copied any version of Data East’s product. There seldom is any direct evidence of copying in these matters. Therefore, copying may be established instead by circumstantial evidence of (1) the defendant’s access to the copyrighted work prior to defendant’s creation of its work, and (2) the substantial similarity of both the general ideas and expression between the copyrighted work and defendant’s work. Id.; Baxter v. MCA, Inc., 812 F.2d 421, 423 (9th Cir.1987), ''cert. denied'', – U.S. —, 108 S.Ct. 346, 98 L.Ed.2d 372 (1987). In essence, the question of copying becomes a matter of reasonable inferences. Because we find no substantial similarity, we decline to address the issue of access.

 * A. Sufficiency of Evidence

Preliminarily, we consider Epyx’s contentions regarding the sufficiency of Data East’s evidence. First, Epyx argues Data East’s reliance on the contents of the audio-visual works of the home game is irrelevant for proof of substantial similarity because there was no finding of access to this version. We agree with this contention. We note, however, that the district court determined Data East’s home game

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 was an adaptation of its arcade game. The record contains substantial direct evidence that the works embodied in the arcade game and the home version are essentially similar. A finding of substantial similarity with the audio-visual unit present in the arcade game would, for the purposes of this case, support a finding of substantial similarity with the audio-visual representation of the home game.

Second, Epyx raises the question of whether there was sufficient evidence presented at trial to establish the contents of plaintiff’s “work” in the arcade game. As evidence of the arcade game’s audio-visual work, plaintiff submitted still photographs. Plaintiff did not produce in court the arcade game itself or a video reproduction of the arcade game. Defendant contends there was nothing to prohibit plaintiff from putting the entire audio-visual work before the court and that the court should not have been deprived of having the entire work to view.

This case is distinguishable from Seiler v. Lucas FilmLucasfilm [sic], Ltd., 808 F.2d 1316 (9th Cir.1986), ''cert. denied'', – U.S. —, 108 S.Ct. 92, 98 L.Ed.2d 538 (1987), a case used by Epyx to support its argument that the court erred in not viewing the original version of the arcade game. In Seiler, the plaintiff tried to prove the contents of his copyrighted work with the use of “reconstructions” after alleging that no originals were in existence. The court ruled: "The contents of Seiler’s work are at issue. There can be no proof of ‘substantial similarity’ and thus of copyright infringement unless Seiler’s works are juxtaposed with Lucas’ and their contents compared. Since the contents are material and must be proved, Seiler must either produce the original or show that it is unavailable through no fault of his own."

Id. at 1319. To reach this result, the court applied the best evidence rule [Fed.R.Evid. 1004] and found Seiler had lost or destroyed the originals in bad faith. Thus, no secondary evidence was allowed. Id. The original in the instant case was not lost or destroyed. Photographs of the original rather than a video tape were used to represent the audio-visual work. No fraud was involved.

The issue here, then, is whether sufficient evidence to support the district court’s findings as to the contents of the arcade game’s audio-visual work was present. Along with the photographs, testimony as to the content of the original was also presented. We find the still photographs which depict all images and all moves that occur when the game sequences through the various skill levels, along with testimony, to constitute sufficient evidence of the contents of the arcade game’s audio-visual work to make a fair comparison with Epyx’s game. The district court, therefore, did not commit clear error by determining that the pictures correctly reflect the contents of the original.

 * B. Substantial Similarity

“To show that two works are substantially similar, plaintiff must demonstrate that the works are substantially similar in both ideas and expression.” Frybarger v. International Business Machines Corp., 812 F.2d 525, 529 (9th Cir.1987). Although plaintiff must first show that the ideas are substantially similar, the ideas themselves are not protected by copyright and therefore, cannot be infringed. It is an axiom of copyright law that copyright protects only an author’s expression of an idea, not the idea itself. Mazer v. Stein, 347 U.S. 201, 217–18, 74 S.Ct. 460, 470–71, 98 L.Ed. 630 (1954). There is a

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 strong public policy corollary to this axiom permitting all to use freely ideas contained in a copyrightable work, so long as the protected expression itself is not appropriated. Landsberg v. Scrabble Crossword Game Players, Inc., 736 F.2d 485, 488 (9th Cir.1984), ''cert. denied'', 469 U.S. 1037, 105 S.Ct. 513, 83 L.Ed.2d 403 (1984). Thus, to the extent the similarities between plaintiff’s and defendant’s works are confined to ideas and general concepts, these similarities are noninfringing.

The Ninth Circuit has developed a two-step test for the purposes of determining substantial similarity. McCulloch, 823 F.2d at 319; Krofft, 562 F.2d at 1164. First, an “extrinsic” test is used to determine whether two ideas are substantially similar. This is an objective test which rests upon specific criteria that can be listed and analyzed. Krofft, id. Second, an “intrinsic” test is used to compare forms of expression. This is a subjective test which depends on the response of the ordinary reasonable person. Id.

In applying the extrinsic test, the district court found that the idea expressed in plaintiff’s game and in defendant’s game is identical. The idea of the games was described by the court as follows: "“… a martial arts karate combat game conducted between two combatants, and presided over by a referee, all of which are represented by visual images, and providing a method of scoring accomplished by full and half point scores for each player, and utilizing dots to depict full point scores and half point scores.”"

The district court further found that:

"“In each of the games, the phases of martial arts combat are conducted against still background images purporting to depict geographic or locality situses and located at the top of the screen as the game is viewed. The action of the combatants in each of the games takes place in the lower portion of the screen as the game is viewed, and is against a one color background in that portion of the screen as the game is viewed.”"

Once an idea is found to be similar or identical, as in this case, the second or intrinsic step is applied to determine whether similarity of the expression of the idea occurs. This exists when the “total concept and feel of the works” is substantially similar. Aliotti v. R. Dakin & Co., 831 F.2d 898 (9th Cir.1987). Analytic dissection of the dissimilarities as opposed to the similarities is not appropriate under this test because it distracts a reasonable observer from a comparison of the total concept and feel of the works. Id.

The rule in the Ninth Circuit, however, is that “[n]o substantial similarity of expression will be found when ‘the idea and its expression are … inseparable,’ given that ‘protecting the expression in such circumstances would confer a monopoly of the idea upon the copyright owner.’ ” Id. (quoting Herbert Rosenthal Jewelry Corp. v. Kalpakian, 446 F.2d 738, 742 (9th Cir. 1971)) (emphasis added); see also Landsberg, 736 F.2d at 489 (factual works); See v. Durang, 711 F.2d 141, 143 (9th Cir.1983) (scenesscènes [sic] aà [sic] faire doctrine); Krofft, 562 F.2d at 1168.

Nor can copyright protection be afforded to elements of expression that necessarily follow from an idea, or to “scenesscènes [sic] aà [sic] faire,” i.e., expressions that are “as a practical matter, indispensable or at least standard in the treatment of a given [idea].” Aliotti, 831 F.2d at 901 (quoting Atari, Inc. v. North American PhillipsPhilips [sic] Consumer Elecs Corp., 672 F.2d 607, 616 (7th Cir.1982), cert. denied, 459 U.S. 880, 103 S.Ct. 176, 74 L.Ed.2d 145 (1982)).

To determine whether similarities result from unprotectable expression, analytic dissection of similarities may be performed. If this demonstrates that all similarities in expression arise from use of common ideas, then no substantial similarity can be found. Id.

The district court performed what can be described as an analytic dissection of similarities in its findings of fact and stated:

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 "Plaintiff’s and defendant’s games each encompass the idea of depicting the performance of karate martial arts combat in each of the following respects:
 * A. Each game has fourteen moves.
 * B. Each game has a two-player option.
 * C. Each game has a one-player option.
 * D. Each game has forward and backward somersault moves and about-face moves.
 * E. Each game has a squatting reverse punch wherein the heel is not on the ground.
 * F. Each game has an upper-lunge punch.
 * G. Each game has a back-foot sweep.
 * H. Each game has a jumping sidekick.
 * I. Each game has low kick.
 * J. Each game has a walk-backwards position.
 * K. Each game has changing background scenes.
 * L. Each game has 30-second countdown rounds.
 * M. Each game uses one referee.
 * N. In each game the referee says “begin,” “stop,” “white,” “red,” which is depicted by a cartoon-style speech balloon.
 * O. Each game has a provision for 100 bonus points per remaining second."

The district court found that the visual depiction of karate matches is subject to the constraints inherent in the sport of karate itself. The number of combatants, the stance employed by the combatants, established and recognized moves and motions regularly employed in the sport of karate, the regulation of the match by at least one referee or judge, and the manner of scoring by points and half points are among the constraints inherent in the sport of karate. Because of these constraints, karate is not susceptible of a wholly fanciful presentation. Furthermore, the use of the Commodore computer for a karate game intended for home consumption is subject to various constraints inherent in the use of that computer. Among the constraints are the use of sprites, and a somewhat limited access to color, together with limitations upon the use of multiple colors in one visual image.

The fifteen features listed by the court “encompass the idea of karate.” These features, which consist of the game procedure, common karate moves, the idea of background scenes, a time element, a referee, computer graphics, and bonus points, result from either constraints inherent in the sport of karate or computer restraints. After careful consideration and viewing of these features, we find that they necessarily follow from the idea of a martial arts karate combat game, or are inseparable from, indispensable to, or even standard treatment of the idea of the karate sport. As such, they are not protectable. “When idea and expression coincide, there will be protection against nothing other than identical copying.” Krofft, 562 F.2d at 1168. A comparison of the works in this case demonstrates that identical copying is not an issue.

Accordingly, we hold that the court did not give the appropriate weight and import to its findings which support Epyx’s argument that the similarities result from unprotectable expression. Consequently, it was clear error for the district court to determine that protectable substantial similarity existed based upon these facts.

The lower court erred by not limiting the scope of Data East’s copyright protection to the author’s contribution—the scoreboard and background scenes. In actuality, however, the backgrounds are quite dissimilar and the method of scorekeeping, though similar, is inconsequential. Based upon these two features, a discerning 17.5

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THE IVORY TOWER he seemed to convey that it might have been guessed. "From what you'd have been if you had come."

The young man was indeed drawn in. "If I had come years ago? Well, perhaps," he so far happily agreed—"for I've often thought of that myself. Only, you see," he laughed, "I'm different from that too. I mean from what I was when I didn't come."

Mr. Betterman looked at it quietly. "You're different in the sense that you're older—and you seem to me rather older than I supposed. All the better, all the better," he continued to make out. "You're the same person I didn't tempt, the same person I couldn't—that time when I tried. I see you are, I see what you are."

"You see terribly much, sir, for the few minutes!" smiled Gray.

"Oh when I want to see!" the old man comfortably enough sighed. "I take you in, I take you in; though I grant that I don't quite see how you can understand. Still," he pursued, "there are things for you to tell me. You're different from anything, and if we had time for particulars I should like to know a little how you've kept so. I was afraid you wouldn't turn out perhaps so thoroughly the sort of thing I liked to think—for I hadn't much more to go upon than what she said, you know. However," Mr. Betterman wound up as with due comfort, "it's 101


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 year-old boy could not regard the works as substantially similar. Accordingly, Data East’s copyright was not infringed on this basis either.

Because we reverse in its entirety the district court’s finding of copyright infringement, it follows that the injunction was improvidently granted. Accordingly, we remand to the district court to lift the injunction.

Each party is to bear its own costs.

REVERSED and REMANDED.

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Rh

Robert Jameson. Illustrated with maps and physical sections. 4° London, printed for H: Colburn, 1813.

(Robert). Balder the beautiful. A song of divine death. In "The Contemporary review." v. 29. 8° London, Strahan & co., March 1877, pp. 691-710; April 1877, pp. 800-827; May, 1877, pp. 1004-1026.

——— Master-spirits. 12° London, H. S. King & co., 1873.

Contains: Scandinavian studies, pp. 211-302.

——— The old ballads of Denmark. In "The Fortnightly review." v. 1. 8°. London, Chapman & Rail, 1865, pp. 685-696.

(Mrs. Sara C.) Ole Bull. A memoir. With Ole Bull's "Violin notes," and Dr. A. B. Crosby's "Anatomy of the violinist." 2 port. 8°. Boston, Houghton, Mifflin & co., 1883. [i.e. 1882.]

(Clement). Elk hunting in Norway. In "Temple bar." v. 65. 8°. London, E: Bentley & son, no. 258, May 1882, pp. 115-124.

(Selina). Life in Sweden; with excursions in Norway and Denmark. 2 v. 12° London, Hurst & Blackett, 1853.

——— A summer in northern Europe, including sketches in Sweden, Norway, Finland, the Aland islands, Gothland, &c. 2 v. 12°. London, Hurst & Blackett, 1856.

(Robert Wilhelm Eberhard). On the intimate connection existing between the pseudo-volcanic phenomena of Iceland. [Translated by Dr. G: E: Day.] In (T:) Chemical reports and memoirs. 8° London, for the Cavendish society, 1848, pp. 323-370, 1 pl.

——— On the processes which have taken place during the formation of the volcanic rocks of Iceland. In "Scientific memoirs Natural philosophy. Ed. by J: Tyndall and W: Francis." v. 1, 8°. London, Taylor & Francis, 1853, part 1, pp. 33-98.

(Athole). Vade mecum; or A B C guide to Norway, Sweden, and Denmark. With Swedish and Danish vocabulary. Map and ill. 12° London, C. Smith & son, 1880.

(Rev. G: Stewart). Teutonic and Scandinavian religion. In "The faiths of the World. A concise history of the great religious systems of the world. [St. Giles' lectures. Second series."] 12° Edinburgh and London, W: Blackwood & sons, 1882, pp. 253-288.

(R: Francis). Ultima Thule; or, a summer in Iceland. With historical introduction, maps, and illustrations. 2 v. 6 pl. 2 maps. 8° Edinburgh, W. P. Nimmo, 1875.

——— The volcanic eruptions of Iceland in 1874 and 1875. In Royal


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THE IVORY TOWER by what she says that I've gone—and I want her to know that I don't feel fooled."

If Gray's wonderment could have been said to rest anywhere, hour after hour, long enough to be detected in the act, the detaining question would have been more than any other perhaps that of whether Miss Gaw would "come up." Now that she did so however, in this quiet way, it had no strangeness that his being at once glad couldn't make but a mouthful of; and the recent interest of what she had lately written to him was as nothing to the interest of her becoming personally his uncle's theme. With which, at the same time, it was pleasanter to him than anything else to speak of her himself. "If you allude to Rosanna Gaw you'll no doubt understand how tremendously I want to see her."

The sick man waited a little—but not, it quite seemed, from lack of understanding. "She wants tremendously to see you, Graham. You might know that of course from her going to work so." Then again he gathered his thoughts and again after a little went on. "She had a good idea, and I love her for it; but I'm afraid my own hasn't been so very much to give her the satisfaction. I've wanted it myself, and—well, here I am getting it from you. Yes," he kept up, his eyes never moving from his nephew, "you couldn't give me more if you had tried, from so far back, on purpose. But I can't tell you half!" He exhaled a long 102


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THE IVORY TOWER breath—he was a little spent. "You tell me. You tell me."

"I'm tiring you, sir," Gray said.

"Not by letting me see—you'd only tire me if you didn't." Then for the first time his eyes glanced about. "Haven't they put a place for you to sit? Perhaps they knew," he suggested, while Gray reached out for a chair, "perhaps they knew just how I'd want to see you. There seems nothing they don't know," he contentedly threw off again.

Gray had his chair before him, his hands on the back tilting it a little. "They're extraordinary. I've never seen anything like them. They help me tremendously," he cheerfully confessed.

Mr. Bettennan, at this, seemed to wonder. "Why, have you difficulties?"

"Well," said Gray, still with his chair, "you say I'm different—if you mean it for my being alien from what I feel surrounding me. But if you knew how funny all that seems to me," he laughed, "you'd understand that I clutch at protection."

"'Funny'?"—his host was clearly interested, without offence, in the term.

"Well then terrific, sir!"

"So terrific that you need protection?"

"Well," Gray explained, gently shaking his chair-back, "when one simply sees that nothing of one's former experience serves, and that one doesn't know anything about anything!" 103


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THE IVORY TOWER More than ever at this his uncle's look might have covered him. "Anything round here—no! That's it, that's it," the old man blandly repeated. That's just the way—I mean the way I hoped. She knows you don't know—and doesn't want you to either. But put down your chair," he said; and then after, when Gray, instantly and delicately complying, had placed the precious article with every precaution back where it had stood: "Sit down here on the bed. There's margin."

"Yes," smiled Gray, doing with all consideration as he was told, "you don't seem anywhere very much à l'étroit."

"I presume," his uncle returned, "you know French thoroughly."

Gray confessed to the complication. "Of course when one has heard it almost from the cradle!"

"And the other tongues too?"

He seemed to wonder if, for his advantage, he mightn't deny them. "Oh a couple of others. In the countries there they come easy."

"Well, they wouldn't have come easy here—and I guess nothing else would; I mean of the things we principally grow. And I won't have you tell me," Mr. Betterman said, "that if you had taken that old chance they might have done so. We don't know anything about it, and at any rate it would have spoiled you. I mean for what you are."

"Oh," returned Gray, on the bed, but pressing lightly, "oh what I 'am'!" 104


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THE IVORY TOWER "My point isn't so much for what you are as for what you're not. So I won't have anything else; I mean I won't have you but as I want you," his host explained. "I want you just this way."

With which, while the young man kept his arms folded and his hands tucked away as for compression of his personal extent and weight, they exchanged, at their close range, the most lingering look yet. Extraordinary to him, in the gravity of this relation, his deeper impression of something beautiful and spreadingly clear—very much as if the wide window and the quiet clean sea and the finer sunset light had all had, for assistance and benediction, their word to say to it. They seemed to combine most to remark together "What an exquisite person is your uncle!" This is what he had for the minute the sense of taking from them, and the expression of his assent to it was in the tone of his next rejoinder. "If I could only know what it is you'd most like!"

"Never mind what I most like—only tell me, only tell me," his companion again said: "You can't say anything that won't absolutely suit me; in fact I defy you to, though you mayn't at all see why that's the case. I've got you—without a flaw. So!" Mr. Betterman triumphantly breathed. Gray's sense was by this time of his being examined and appraised as never in his life before—very much as in the exposed state of an important "piece," an object of value picked, for 105


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THE IVORY TOWER finer estimation, from under containing glass. There was nothing then but to face it, unless perhaps also to take a certain comfort in his being, as he might feel, practically clean and in condition. That such an hour had its meaning, and that the meaning might be great for him, this of course surged softly in, more and more, from every point of the circle that held him; but with the consciousness making also more at each moment for an uplifting, a fantastic freedom, a sort of sublime simplification, in which nothing seemed to depend on him or to have at any time so depended. He was really face to face thus with bright immensities, and the handsome old presence from which, after a further moment, a hand had reached forth a little to take his own, guaranteed by the quietest of gestures at once their truth and the irrelevance, as he could only feel it, of their scale. Cool and not weak, to his responsive grasp, this retaining force, to which strength was added by what next came. "It's not for myself, it's not for myself—I mean your being as I say. What do I matter now except to have recognised it? No, Graham—it's in another connection." Was the connection then with Rosanna? Graham had time to wonder, and even to think what a big thing this might make of it, before his uncle brought out: "It's for the world."

"The world?"—Gray's vagueness again reigned.

"Well, our great public." 106


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NE very hot day Genji, finding the air at the New Palace intolerably close, decided to picnic at the fishing-hut on the lake. He invited Yūgiri to come with him, and they were joined by most of the courtiers with whom Genji was on friendly terms. From the Western River on his estate at Katsura ayu had been brought, and from the nearer streams ishibushi and other fresh-water fish, and these formed the staple of their repast. Several of Tō no Chūjō’s sons had called to see Yūgiri, and hearing where he was to be found, joined the picnic. ‘How heavy and sleepy one has felt lately!’ exclaimed Genji. ‘This is certainly a great improvement.’ Wine was brought; but he sent for iced water as well. A delicious cold soup was served, and many other delicacies. Here by the lake there was a certain amount of movement in the air; but the sun blazed down out of a cloudless sky, and even when the shadows began to lengthen there was a continual buzzing of insects which was very oppressive. ‘I have never known such a day,’ said Genji. ‘It does not after all seem any better here than it was indoors. You must excuse me if I am too limp to do much in the way of entertaining you,’ and he lay back against his cushions. ‘One does not feel much inclined for music or games of any kind in such weather, and yet one badly needs something to occupy the mind. I have sometimes wondered lately whether the sun was ever going to set…. All the same, the young people

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Rh on duty at the Emperor’s Palace are in a much worse position than we. Imagine not being able to loosen one’s belt and ribbons on a day like this! Here at any rate we can loll about just as we please. The only difficulty is to avoid going to sleep. Has not any of you got some startling piece of news to tell us? You need have no fear that I may have heard it already, for I am becoming quite senile; I never hear about anything till every one else has forgotten about it.’ They all began wracking their brains to think of some exciting piece of intelligence or entertaining anecdote, but without success; and presently, since their host had invited them to be at their ease, one after another of the visitors somewhat timidly took up a position with his back planted against the cool metal railings of the verandah. ‘Well,’ said Genji at last, ‘as a matter of fact, rarely though this now happens, I myself have picked up a small piece of information. It seems that his Excellency Tō no Chūjō has lately rediscovered and taken to live with him a natural daughter of whom he had lost sight for many years. Come, Kōbai,’ addressing Kashiwagi’s younger brother, ‘you will be able to tell me if there is any truth in this.’ ‘Something of the kind has happened,’ answered the young man, ‘though there is a good deal of exaggeration in many of the stories which are being put about. The facts are that last spring, in consequence of a dream, my father asked us to inquire carefully into every case we could discover of a child claiming paternity by him. My brother Kashiwagi did finally hear of a girl who seemed to possess absolute proof that she was an illegitimate child of our father’s, and we were told to call upon her and verify this, which we accordingly did. That is all I know about it; and I am sure that there is no one present who has not something a great deal more interesting than that to talk about. I am afraid what I have just told you cannot possibly be of interest to any one

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THE IVORY TOWER "Oh your great public!"

The exclamation, the cry of alarm, even if also of amusement in face of such a connection as that, quickened for an instant the good touch of the cool hand. "That's the way I like you to sound. It's the way she told me you would—I mean that would be natural to you. And it's precisely why—being the awful great public it is—we require the difference that you'll make. So you see you're for our people."

Poor Graham's eyes widened. "I shall make a difference for your people?"

But his uncle serenely went on. "Don't think you know them yet, or what it's like over here at all. You may think so and feel you're prepared. But you don't know till you've had the whole thing up against you."

"May I ask, sir," Gray smiled, "what you're talking about?"

His host met his eyes on it, but let it drop. "You'll see soon enough for yourself. Don't mind what I say. That isn't the thing for you now—it's all done. Only be true," said Mr. Betterman. "You are and, as I've said, can't help yourself." With which he relapsed again to one of his good conclusions. "And after all don't mind the public either."

"Oh," returned Gray, "all great publics are awful."

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THE IVORY TOWER they may be, but the trouble we're concerned with is about ours—and about some other things too." Gray felt in the hand's tenure a small emphasizing lift of the arm, while the head moved a little as off toward the world they spoke of—which amounted for our young man, however, but to a glance at all the outside harmony and prosperity, bathed as these now seemed in the colour of the flushed sky. Absurd altogether that he should be in any way enlisted against such things. His entertainer, all the same, continued to see the reference and to point it. "The enormous preponderance of money. Money is their life."

"But surely even here it isn't everyone who has it. Also," he freely laughed, "isn't it a good thing to have?"

"A very good thing indeed." Then his uncle waited as in the longest inspection yet. "But you don't know anything about it."

"Not about large sums," Gray cheerfully admitted.

"I mean it has never been near you. That sticks out of you—the way it hasn't. I knew it couldn't have been—and then she told me she knew. I see you're a blank—and nobody here's a blank, not a creature I've ever touched. That's what I've wanted," the old man went on—"a perfect clean blank. I don't mean there aren't heaps of them that are damned fools, just as there 108


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266 but the people actually concerned.’ ‘So it is true!’ thought Genji, wondering whether Tō no Chūjō could have been so misled as to suppose that it was Yūgao’s child whom he had rediscovered. ‘There are so many of you in the family already,’ he said to Kōbai, ‘that I wonder your father should search the sky for one stray swallow that has not managed to keep pace with the flock. I, who nurture so small a brood, might be pardoned for such conduct; but in your father it seems somewhat grasping. Unfortunately, though I should feel proud to acknowledge my children, no one shows the slightest inclination to claim me as a father. However, it is no mere accident that Tō no Chūjō is more in request than I am. The moon’s image shows dimly in waters that are troubled at the bottom. Your father’s early adventures were of a most indiscriminate character, and if you know all your brothers and sisters, you would probably realize that, taken as a whole, you are a very queer family….’ Yūgiri, who knew a mass of stories which amply confirmed Genji’s last statement, could not help showing his amusement to an extent which Kōbai and his brothers thought to be in exceedingly bad taste. ‘It is all very well for you to laugh, Yūgiri,’ continued Genji; ‘but you would be much better employed in picking up some of those stray leaves than in making trouble for yourself by pressing in where you are not wanted. In so large a garland you might surely find some other flower with which to console yourself!’ All Genji’s remarks about Tō no Chūjō wore superficially the aspect of such friendly banter as one old friend commonly indulges in concerning another. But as a matter of fact there had for some while past been a real coolness between them, which was increased by Chūjō’s scornful refusal to accept Yūgiri as his son-in-law. He realized that he had just been somewhat spiteful; but so far from being uncomfortable lest these remarks should

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THE IVORY TOWER are heaps of others, bigger heaps probably, that are damned knaves; except that mostly the knave is the biggest fool. But those are not blanks; they're full of the poison—without a blest other idea. Now you're the blank I want, if you follow—and yet you're not the blatant ass."

"I'm not sure I quite follow," Gray laughed, "but I'm very much obliged."

"Have you ever done three cents' worth of business?" Mr. Betterman judicially asked.

It helped our young man to some ease of delay. "Well, I'm afraid I can't claim to have had much business to do. Also you're wrong, sir," he added, "about my not being a blatant ass. Oh please understand that I am a blatant ass. Let there be no mistake about that," Gray touchingly pleaded.

"Yes—but not on the subject of anything but business."

"Well—no doubt on the subject of business more than on any other."

Still the good eyes rested. "Tell me one thing, other than that, for which you haven't at least some intelligence."

"Oh sir, there are no end of things, and it's odd one should have to prove that—though it would take me long. But I allow there's nothing I understand so little and like so little as the mystery of the 'market' and the hustle of any sort."

"You utterly loathe and abhor the hustle! That's what I blissfully want of you," said Mr. Betterman. 109


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Rh reach his old friend’s ears, he found himself actually hoping that the boys would repeat them.

This conversation about the waif whom Tō no Chūjō had recently acknowledged and adopted, reminded Genji that it was becoming high time he should himself make a certain long-intended revelation. Tamakatsura had now lived for over a year at the New Palace; she was definitely accepted as a member of the Court circle, and there was now no fear that her father would be in any way ashamed of her. But the views of Tō no Chūjō were in some ways peculiar. He made an absolutely hard and fast distinction between the ‘right’ and the ‘wrong’ people. To those who satisfied his very exacting standards he was extraordinarily helpful and agreeable. As for the others, he ignored them with a sublime completeness that no other Grand Minister had ever equalled. Was it quite certain in which class he would place his own daughter? Then a brilliant idea occurred to Genji. He would introduce Tō no Chūjō to Tamakatsura immediately, but not reveal her identity until Chūjō had once and for all classed her as ‘possible.’

The evening wind was by this time delightfully fresh, and it was with great regret that the young guests prepared to take their leave. ‘I should be perfectly contented to go on sitting here quietly in the cool; but I know that at your age there are many far more interesting things to be done,’ and with that he set out for the Western Wing, his guests accompanying him to the door.

Knowing that in an uncertain evening light all people in Court cloaks look very much alike, Genji at once summoned Tamakatsura to him and explained in a low voice why he had arrived with so large an escort. ‘I have been entertaining Tō no Chūjō’s sons,’ he said, ‘Kashiwagi, Kōbai and the rest. It was obvious that they were very anxious to come on here with me, and Yūgiri is such an

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THE IVORY TOWER "You ask of me the declaration?" Gray considered. "But how can I know, don't you see?—when I am such a blank, when I've never had three cents' worth of business, as you say, to transact?"

"The people who don't loathe it are always finding it somehow to do, even if preposterously for the most part, and dishonestly. Your case," Mr. Betterman reasoned, "is that you haven't a grain of the imagination of any such interest. If you had had," he wound up, "it would have stirred in you that first time."

Gray followed, as his kinsman called it, enough to be able to turn his memory a moment on this. "Yes, I think my imagination, small scrap of a thing as it was, did work then somehow against you."

"Which was exactly against business"—the old man easily made the point. "I was business. I've been business and nothing else in the world. I'm business at this moment still—because I can't be anything else. I mean I've such a head for it. So don't think you can put it on me that I haven't thought out what I'm doing to good purpose. I do what I do but too abominably well." With which he weakened for the first time to a faint smile. "It's none of your affair."

"Isn't it a little my affair," Gray as genially objected, "to be more touched than I can express by your attention to me—as well (if you'll let me 110


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268 honest soul, it would have been unkind not to let him come too. Those poor young men, Tō no Chūjō’s sons, must really soon be told you are their sister. I am afraid they are all more or less in love with you. But even in the case of quite ordinary families the sudden arrival of some unknown young lady causes endless speculation among those who frequent the house, and though there is intense curiosity to see her, it is apparent that every one has long beforehand made up his mind to fall in love. Unfortunately, even before your arrival, my palace had an undeserved reputation for harbouring bevies of incomparable creatures. Every visitor who comes here seems to arrive primed up with compliments and fine speeches, only to discover that there is no quarter in which they could be employed without impertinence. But you have often asked me about those particular young men and lamented that you never get an opportunity yourself of judging whether they are as intelligent as every one makes out. So I thought you would not mind me bringing them here, and would perhaps like to have a word with one or the other of them….’

While this whispered conversation was going on, the young men were standing in the garden outside. It was not planted in formal borders; but there was a great clump of carnations and a tangled hedge of tall flowering plants, both Chinese and Japanese, with great masses of blossom that stood out vividly in the fading light. True, they had come that evening hoping to pluck a very different flower; but as they sat resting in front of the house they could scarcely restrain themselves from stretching out a hand and filling their laps with these resplendent blossoms.

‘They are really very remarkable young men,’ Genji went on. ‘There is not one of them but in his way shows unmistakable signs of genius, and this is true even of

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Harding B-15 (341). Woodblock image of a man appears above the ballad title. One of two poetic ballads on source broadside. THE UNFORTUNATE LAD

London:H. P. Such, Machine Printer and Publisher, 177, Union-street, Broough, S.E.

As I was a walking down by the Lock Hospital,
 * As I was walkikng one morning of late,

Who did I spy but my own dear comrade,
 * Wrapp'd in flannel, so hard is his fate

Chorus. Had she but told me when she disordered me,
 * Had she but told me of it in time,

I might have got salts and pills of white mercury,
 * But now I'm cut down in the height of my prime.

I boldly stepped up to him and kindly did ask him,
 * Why he was wrapp'd in flannel so white?

My body is injured and sadly disordered,
 * All by a young woman, my own heart's delight.

My father oft told me, and oftentimes chided me,
 * And said my wicked ways would never do,

But I never minded him, nor ever heeded him,
 * I always kept up in my wicked ways.

Get six jolly fellow to carry my coffin,
 * And six pretty maidens to bear up my pall,

An I give to each of them bunches of roses,
 * That they may not smell me as they go along.

Over my coffin put handfuls of lavender,
 * Handfuls of lavender on every side,

Bunches of roses all over my coffin,
 * Saying, there goes a young man cut down in his prime.

Muffle your drums, play your pipes merrily,
 * Play the dead march as you go along,

And fire your guns right over my coffin,
 * There goes an unfortunate lad to his home. "Muffle" in the final stanza might be "Mufle"; unclear due to a flaw in the source.