text:
Page:Boris Zakharovich Shumyatsky - The Aims of the Bolsheviki (1919).djvu/7

 by heavy and unjust taxation imposed on them by the predatory bureaucracy, and were at the mercy of the capitalists and merchants and all those who, under the Czarist autocracy, had access to governmental power and the public purse.

For this reason the Bolsheviki refused even to admit the possibility of the workers ever coming to an understanding with capitalist parties on the question of joint political action.. They maintained that there must be no compromise with capitalists, or with men like Gutchkov, Miliukov, Terestchenko and Buryshkin, who were all much nearer to Czarism than to the people.

The hostility of the Russian bourgeoisie towards the people and their sympathy for the old order was manifested a few days before the February (March), 1917, Revolution in the following incident. On February 14th, 1917, the Czar convened the Imperial Duma. The workers, realising that they were betrayed and deceived, and that by the convening of the Duma the landowners and capitalists were only throwing dust in their eyes and seeking to lull their revolutionary ardour, decided to go to this institution of the master-class, not with humble petitions and slavishly-bowed heads, but with weapons in their hands and revolutionary demands on their lips. The workers meant to tell the Duma not to waste torrents of words about the "fatherland" being in danger from a foreign foe, but to fight the enemy at home—Nicholas the last, and the capitalists who were supporting him in a war profitable only to themselves.

What was the bourgeoisie's answer to the workers of Petrograd? It was Miliukov, the leader of the capitalist party, the party of so-called "National Freedom," who was the mouthpiece of the bourgeoisie on that occasion, and his message was that a procession


text: Page:The Chace - Somervile (1735).djvu/35

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


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/5

 Maxwell M. Blecher (argued), of Blecher, Collins & Hoecker, Los Angeles, Cal., for Calnetics.

Cecelia H. Goetz (argued), Herbert Rubin, of Herzfeld & Rubin, New York City, Paul S. Ferber (argued), Los Angeles, Cal., Philip Elman, William R. Weissman, Robert A. Skitol, Mark Schattner, of Wald, Harkrader & Ross, Washington, D. C., Harry B. Swerdlow, Allan Albala, of Swerdlow, Glikbarg & Shimer, P.C., Beverly Hills, Cal., of counsel, for Volkswagen of America, Inc., etc.

G. William Shea (argued), of McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for amicus curiae Porsche.

Before BARNES, CHOY and GOODWIN, Circuit Judges.

PER CURIAM:

Volkswagen of America, Inc. (VW), and its wholly owned subsidiary, Volkswagen Products Corporation (Subsidiary), defendants in a private antitrust action brought by Calnetics Corporation, appeal a district court judgment ordering VW’s divestiture of Subsidiary and other equitable relief. VW and Subsidiary also appeal a summary judgment dismissing their counterclaims against Calnetics, and an award of attorneys’ fees and costs to Calnetics.

Calnetics cross-appeals from summary judgments and a directed verdict dismissing its claims for damages against VW, Subsidiary, and Volkswagen Pacific, Inc. (Distributor), an independently owned corporation which until 1973 distributed VW-imported automobiles and accessories in southern California, southern Nevada, Arizona, and Hawaii.

Distributor appeals from the district court’s denial of its motion to amend its answer to add a counterclaim under § 2(c) of the Robinson-Patman Act, 15 U.S.C. § 13(c).

The summary judgment in favor of Calnetics on each of VW’s counterclaims is affirmed, as is the summary judgment in favor of Calnetics on Subsidiary’s counterclaim based on the Sherman Act, 15 U.S.C. § 1 et seq. All other judgments challenged on appeal are reversed. The district court’s denial of Distributor’s motion to add a counterclaim under 15 U.S.C. § 13(c) is also reversed. The district court’s award of attorneys’ fees and deposition copy costs to Calnetics is set aside. A legend of the parties and claims appears in the margin.


text: Trade Unions in Soviet Russia/The All Russia Union of Art Workers


text:
Page:The Man Who Died Twice (1924).djvu/35

 To a last silence that should have no death.

That would have been somewhat the way of it,

You somewhat less than eminent dead fish,

If you had waited and had been content

To let those devils and those devil-women

Beat as they would your drums and dance and sing

And be invisible. You had followed them,

And seen and heard enough of them, God knows,

Already. Your daemon had a lenience then,

And you had not the protest of a soul

Between you and your right to stay alive;

All which was as it was. But it was so

No longer when you knew it was not so,

And that one day a bush might bloom with fire

At any trivial hour of inattention,

Whereafter your employment would have been


text:
Page:The Man Who Died Twice (1924).djvu/36

 A toil of joy for immortality.

Your drums of death, from which it all began,

Would then have been illusions most enduring

When most entirely and divinely dead;

And you, Fernando Nash, would now have been—

But who’s alive to know that you’re alive

To care? Look at that burned out face of yours,

You bloated greasy cinder, and say who.

Say who’s to care, and then say, if you will,

Why anyone in a world where there’s a cockroach,

Should care for you. You insufficient phoenix

That has to bake at last in his own ashes—

You kicked out, half-hatched bird of paradise

That had to die before you broke your shell,—

Who cares what you would be if you had flown?

A bird that men are never to see flying,

Or to hear singing, will not hold them long


text:
Page:Boris Zakharovich Shumyatsky - The Aims of the Bolsheviki (1919).djvu/8

 of armed workers to the Imperial Duma constituted a provocation, and a betrayal of the struggle with the foreign foe. And already some of our Right Wing Socialists, as, for instance, G. Plekhanov, formerly leader of the Russian Socialists, were joining in the chorus of the bourgeoisie!

All this was typical of the bourgeoisie and the part it played in the Russian Revolution. How, indeed, could it have been otherwise? for by the very fact of its being the bourgeoisie it cannot but be against the people. There is a Russian proverb which says that "as long as the pike is in the water the carp must beware." True to this wise, popular saying, the Bolsheviki have ever been watchful in the stream of political and social action. Instead of union with the predatory pikes, the Czars and the capitalists, they had planned long ago, even in the gloomy days of Czarist shootings and other repressive measures, a more profitable union for the people—that of the working class and the peasantry. They maintained that only the united workers and peasants would have the power to create a true people's government and set up the so-called Dictatorship, i.e., the supreme power of the proletariat and peasantry, in the form of a sovereign All-Russian Soviet of Workers', Soldiers', Peasants' and Cossacks' Delegates.

The Mensheviki's conception of the Revolution was as follows:—

We must, they averred, support and encourage the bourgeoisie in the struggle with Czarism in order to force them to adopt more energetic action. As the present revolution is not in itself directed against the rich, but is a political bourgeois-democratic revolution against Czarism, it is in the interests of the struggle to unite the forces of the working class with those of the bourgeoisie against the common enemy.


text:
Page:The Man Who Died Twice (1924).djvu/37

 Away from less ethereal captivations;

Just as a fabulous and almighty fish

That never swam to sight will hardly be

For long the unsighted end of their pursuit.

Why do you make then such a large ado

Over such undefended evidence?

You fat and unsubstantial jelly-fish,

That even your native ocean has disowned

And thrown ashore, why should men ask or care

What else you would have been if you had waited?

You crapulous and overgrown sick lump

Of failure and premeditated ruin,

What do you think you are—one of God’s jokes?

You slunk away from him, still adequate

For his immortal service, and you failed him;

And you knew all the while what you were doing.


text:
Page:The Man Who Died Twice (1924).djvu/38

 You damned yourself while you were still alive.

You bulk of nothing, what do you say to that?

You paramount whale of lust and drunkenness,

You thing that was, what do you say to that?”

No man so near to glory as he was once

Was ever, I fancied, quite so inglorious

As in his penance—which is here somewhat

Softened in deference to necessity—

Fernando Nash revealed himself to me

In passionate reminiscence a year later.

Occasional strokes, at least, among the many

That I had counted must have registered

Luxurious and unmerited flagellation,

Wherein abasement was akin to pride,

If not a part of it. No man so mired

As he was in his narrative, I told him,


text:
Page:Boris Zakharovich Shumyatsky - The Aims of the Bolsheviki (1919).djvu/9

 And now, what were to be the means and methods of the struggle? The Bolsheviki have always believed in the general political strike and a popular armed rising of the masses of workers and peasants, organised and led by the party which has never betrayed the red flag of the revolutionary Social-Democracy. The Mensheviki, on the other hand, considered the strike and armed rising as secondary means; they maintained that such "extreme" means should only be applied after a concerted movement of all dissatisfied classes of the population, including the bourgeoisie. They held that their foremost task was to support any kind of movement of opposition to the old order, and, in this connection, they put great hopes in the use of all manner of legal, open and permitted opportunities for the hastening of a revolutionary upheaval.

What was the attitude towards the Imperial Duma? The Bolsheviki boycotted the first Imperial Duma erected on the grave of the Revolution of 1905, which had been crushed by Czarism. They refused to take part in the elections, but, on the contrary, opposed them by word and deed, saying that the Imperial Duma was the result of an agreement between the Czarist Government and the landowning, capitalist class, which had thus received by it another instalment of governing power.

The Imperial Duma, said the Bolsheviki, is to the representatives of the old order merely a means of arresting the young revolutionary movement of 1905 people. It is only natural that the Bolsheviki could not recognise a Duma imposed by force of arms on the people of the Czar and the bourgeoisie, whose leaders, Gutchkov, Miliukov, and others, had supported the suppression of the Moscow, Krasnciarsk, and Kronstadt risings. A poor substitute this for the People's Govern-


text: Page:The Texaco Star - Volume 1.djvu/2

title: Page:The Texaco Star - Volume 1.djvu/2


text: Page:The Texaco Star - Volume 1.djvu/3

title: Page:The Texaco Star - Volume 1.djvu/3


text: Page:The Texaco Star - Volume 1.djvu/4

title: Page:The Texaco Star - Volume 1.djvu/4


text: Page:The Texaco Star - Volume 1.djvu/5

title: Page:The Texaco Star - Volume 1.djvu/5


text: Page:The Texaco Star - Volume 1.djvu/6

title: Page:The Texaco Star - Volume 1.djvu/6


text:
Page:Boris Zakharovich Shumyatsky - The Aims of the Bolsheviki (1919).djvu/10

 ment, as outlined by the Revolution of 1905! They fought the Duma and other Czarist devices quite openly; but when the political "mise en scène" underwent a change, and the boycott ceased to be an echo of the December risings in Moscow, in the Urals and in Siberia (Krasnoiarsk, Tchita and Vladivostock), then the Bolsheviki decided to take part in the elections to the second Imperial Duma.

But why did they call the people to participate in the Duma elections? Was it in order to pass legislation there against the people, in concert with the Czar, the landowners and bourgeoisie? By no means. We are not interested, said they, in the legislative work of the capitalistic, landowning talking shop, nor in parliamentarianism for the sake of parliamentary reforms: but we want to explain to the people from the rostrum of the Duma that only in revolutionary struggle, in armed rising and in the general political strike lies their hope of emancipation from Czarist autocracy and of the establishment of a true People's Government (see Lenin's pamphlet: "Social Democracy and Election Compromises,' page 5. Published 1905).

For this reason, the Bolsheviki, having entered the second, third and fourth Duma, repudiated the necessity of their participation in the elaboration and passing of legislation, declaring that every measure signed by the landowners' and Capitalists' Imperial Duma would necessarily be a measure against the people. Their participation thus took the form of a watching brief over the activities of Czarism and its ally, the bourgeoisie. By their fiery speeches they dragged into the light every attempt of these powers of darkness to deceive the masses by laws introduced in the Duma, such, for example, as the community law, the laws on partial insurance of the workers, on the Press, on the administration of justice and on the Zemstvos or county councils.


text: Page:The Texaco Star - Volume 1.djvu/368


text: Page:The Texaco Star - Volume 1.djvu/367


text: Page:The Texaco Star - Volume 1.djvu/366


text: Page:The Texaco Star - Volume 1.djvu/365


text: Page:The Texaco Star - Volume 1.djvu/364


text: Page:The Texaco Star - Volume 1.djvu/363


text: Page:The Works of Honoré de Balzac Volume 12.djvu/1


text: Page:The Works of Honoré de Balzac Volume 12.djvu/2


text: Page:The Works of Honoré de Balzac Volume 12.djvu/3


text: Page:The Works of Honoré de Balzac Volume 12.djvu/4


text: Page:The Works of Honoré de Balzac Volume 12.djvu/5


text: Page:The Works of Honoré de Balzac Volume 12.djvu/6


text: Page:The Works of Honoré de Balzac Volume 12.djvu/7


text: The Incas of Peru/Map

title: The Incas of Peru/Map


text: Page:The Works of Honoré de Balzac Volume 12.djvu/10


text:
Page:Boris Zakharovich Shumyatsky - The Aims of the Bolsheviki (1919).djvu/11

 In all the Dumas the Bolsheviki opposed the voting of State credits, because, in the main, all this money was used by the Czar, his servants, the bureaucrats, and their newly-acquired ally, the bourgeoisie, against the interests of the people. It was used for the upkeep of hosts of thieving officials; for the maintenance of gendarmes and police used:in open fight with the people; for the passing of laws in the interests of capitalists; for increase of armaments and preparation for wars which only benefit capitalists, making enormous profits from inflated war prices.

All through the period from March to November, 1917, there were dissensions between the Mensheviki and Right Social Revolutionaries on the one hand, and the Bolsheviki on the other, concerning three of the most important questions of the Revolution and of modern times:

i. The Land Question—The opinion of the Bolsheviki on this important national question was that all land must belong to the working people and peasants, the process of handing over must be organised, and there must be no compensation to private owners.

Up to this point the Mensheviki and the Right Social Revolutionaries were in complete agreement with the Bolsheviki; but, later on, when words had to be trans-


text:
Page:Midland naturalist (IA midlandnaturalis01lond).pdf/179

 Witchell, a Vice-President; Dr. Partridge, Secretary; Mr. Bishop, Treasurer; Mr. Smith, Librarian; and the whole of last year's committee. The Secretary read the Committee's Report, which gave a satisfactory account of useful work done by the Society, which is in a flourishing condition. The retiring President, Mr. J. E. Dorrington, delivered an excellent address, in which be reviewed the proceedings transacted during his term of office. A vote of thanks was unanimously accorded to Mr, Dartington.—Mr. Bird then read a paper on “The Ancient Dwellers of the Cotswolds," an abstract of which we hope to present to our readers. The exhibition of scientific apparatus and objects, which next occupied the attention of the meeting, was varied and interesting, Mr. Pomphrey and Mr. T. Bolton, of Birmingham, exhibited and described the autographic printing process dealt with fully in another page, Mr. Bolton also exhibited numerous interesting specimens of freshwater life. The electric pen, the process of electro-plating, a telephone, spectroscopes, collections of entomological and geological specimens, and other matters, fully occupied the remainder of the evening.

.—March 25th.—A handsome and well-preserved shin of an Egyptian crocodile was presented to the society, through the secretary, by Mr. Charles Long,—Dr. Joy read a paper, entitled "The Darwinian Theory reviewed." A warm discussion followed the reading of the paper, in which the Chairman, (Rev. Brooke Lambert,) Dr. B. W. Foster, of Birmingham, Messrs. Chesshire, Nevill, Hammel, and others took part. April 1st.—Mr. R. B. L. Johnston gave a paper on "Sponges, Hydras, and Corals." After describing the several varieties of sponge, and the numerous members of the Hydra family, he proceeded to touch more fully on the many species of coral. He exhibited several beautiful specimens lent by members of the society,—A small skate, dried and mounted, was presented by the Rev. Brouke Lambert.—Mr. W. G. Davy exhibited a {[wikt|cryophorus}}, the water within which was by evaporation frozen in a few moments.

.—The first meeting of this old Society since it changed its name was held on the 13th March, at Selby. The attendance was large. The local secretary, Mr. J. T. Atkinson F.G.S., who presided, gave an interesting address, in which there were references to local history, a resumé of the history of the Society founded forty-one years ago, and an account of the geology of the district. Mr. Atkinson entertained the members at luncheon. Jeter in the day a second meeting was held, the Chairman of which was Mr. H. C. Sorby, F.R.S., President of the Geological Society. Twenty-three new members were proposed, and a resolution passed that the June meeting should be held at Scarborough, or Bridlington if suitable arrangements could be made; or failing both, at York. In addition to a paper by Mr. J. E. Clarke, B.A., B.Sc., F.G.S., on "The Triassic Gravel, Sand, and Clay Beds at Sutton Park, near Birmingham," The Chairman contributed an important one on "A New Method of Studying the Optical Character of Minerals."

.—March 22.—Mr. Reed exhibited a series of B. Hirtaria; bred. March 29th—Mr. Walford, bred specimens of Verbasci. April 12th—Mr. Maycock, Pilosaria and D. Fagella; also a series of Leacophearia, varying from the ordinary type to black. Mr. Coverdale, Lithoriza and Parthenias. Mr. Gates, Maltis-trigeria. Mr. Meek, a very fine series of varieties of L. Monacha, some of the specimens being quite black.

I have vols. 1 to 5 of The Geologist, (1858 to 62;) Geological Record for 1875; Smithsonian Reports; Geological Society's Journal, 1876 and 1877, &c. I want set of Geological Magazine; Science Gossip; Report Coal Commission, 1871; vols, 1 to. 14 Geological Society’s Journal; or will give fair cash price—F.G.S., Herald Office, Birmingham,

Bird eggs, side blown, 200 species, rare duplicates. Exchange lists supplied. Wanted various varieties new to collection, All letters answered—J. W., Sharrow, Sheffield.


text:
Page:The Incas of Peru.djvu/457

 * . See Apancay
 * Abisca, 196; settlements in the montaña, 197; estate of Garcilasso de la Vega, 272
 * Acari, 239
 * Acca, native name for chicha, 127
 * Achacuc, diviners, 107
 * Achihua, Royal parasol, 292
 * Aclla-cuna, chosen virgins, 106; at the Intip Raymi, 120, 382
 * Aconcagua peak, 21
 * Acosta, Joseph: his 'Natural History of the Indies,' edited by the Author, xi n.; notice of, and his work, 8; much quoted, 9; on Tiahuanacu, 29; alludes to a change on the accession of Rocca, 64; names of stars, 117; his names of months, 118; on absence of rain on the coast, 201; with Toledo on his journey of inspection, 289
 * Acoyapuncu, now Angostura, near Cuzco, 126
 * Ahua-tuna, near Paucartampu, 195
 * Ahuayra-cancha, abode of the Ayamarca chief, 71
 * Alarcon, Alonso de, made prisoner by Titu Atauchi, 253
 * Alcamari, a falcon, 79
 * Alcavisas, original inhabitants of Cuzco, 54
 * Alcobasa, Diego de, guardian of Inca Garcilasso, 264
 * Alcobasa, Diego de (junior), schoolfellow of Inca Garcilasso, 265
 * Alcobasa, Francisco de, schoolfellow of Inca Garcilasso, 265; Garcilasso's quotations from, 279; his account of Tiahuanacu, 278, 279
 * Algaroba tree (Prosopis horrida), 204
 * Allcacanquis, intercalary days, 117, 120
 * Almagro: expedition to Chile, 255; convention with Alvarado, 262; buried in La Merced church at Cuzco, 263
 * Almagro, the lad: beheaded by Vaca de Castro, 257; buried with his father, 263
 * Alpaca, domestication, 30
 * Altamirano, Antonio de, father of the schoolboys: rich from the spoils of the palace of Huayna Ccapac, 266; hanged by Carbajal, 269
 * Altamirano, Francisco, schoolfellow of Inca Garcilasso, 265; horse-races, 266, 267
 * Altamirano, brother of Francisco, 265
 * Althaus, Señora Grimanesa, vi, 119. See Cotes
 * Alvarado, Alonzo, 261, 262
 * Alvarado, Pedro, 261, 262
 * Amaru-cancha, palace of Huayna Ccapac, 269
 * Amaru Tupac, eldest son of Inca Pachacuti, 92
 * Amaru, on the site of Paucartampu, 195
 * Amaryllis aurea, 80
 * Amautas, learned men, 41, 106; a dynasty of, 43, 44, 45; historical information from, 140; schools for, 142; composed

title: Page:The Incas of Peru.djvu/457


text:
Page:Boris Zakharovich Shumyatsky - The Aims of the Bolsheviki (1919).djvu/12

 lated into deeds, the two first-named parties, who had already betrayed the people for the sake of friendship with the bourgeoisie, parted company with the Bolsheviki, and on various occasions fought with arms against them and the peasants who followed them. For instance, the Provisional Government, which included Mensheviki and the Social Revolutionaries, Tseretelli and Tchernov, sent punitive expeditions to the district of Tambov; and it was the Right S.R.'s who organised the risings of the junkers in Moscow, Irkutsk, and other places.

At first these parties played the "wait and see" game with the peasants, saying that the land question would be settled when the Constituent Assembly met. But days, weeks, and months went by, and still the peasants did not get their land. Gradually the character of the Constituent Assembly became manifest, and it was not such as to reassure those who had once built their hopes on it. The elections were to take place at a time when all truly national organisations and newspapers, in the rear as well as at the front, had been destroyed by Kerensky's capitalist government; when, at the front, to please Russian and foreign capitalists, the soldiers were forced to resume the offensive and the death penalty had been reinstated; when free speech had been abolished and the prisons were crowded with working-class people. Under such circumstances, it was naturally a foregone conclusion that the power in the Constituent Assembly would be in the hands of the bourgeoisie and its allies, the Right Socialists.

When the masses of the people understood that they had been betrayed by the Right Socialist parties, and that these parties were delaying the settlement of the land question until the meeting of the Constituent Assembly, they rose and accomplished the October


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/6

VW, a wholly owned subsidiary of the German automobile manufacturer (Volkswagenwerk A.G.), imports Volkswagen, Porsche, and Audi automobiles into the United States. On September 26, 1969, VW acquired a manufacturer of automobile air conditioning equipment, and changed its name to Volkswagen Products Corporation (Subsidiary). Approximately one year later, Calnetics, an independent manufacturer of automobile air conditioning equipment which previously sold to Distributor,


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/773

 Old Calabar.

Old Calabar.

Kondo-Kondo.

Old Calabar.

Fig. A. Ctenopoma Kingsleyæ.

Fig. B. nanum.

Fig. C. gabonense.

style=font-size: 90%;


text: Page:Raymond Augustine McGowan - Bolshevism in Russia and America (1920).pdf/3


text:
Page:Raymond Augustine McGowan - Bolshevism in Russia and America (1920).pdf/4

4


text:
Page:The Incas of Peru.djvu/458

416 * dramas, 147; surgical skill, knowledge of herbs, 156, 157; accounts of times before the Incas, 159; record the flight of the Chancas, 178; in Chile with the Inca's nephews, 190; list of ancient kings obtained from, 304
 * Amazons' river: Author's volume on early expeditions, x n.; source, 193; tributaries from the Andes, 193
 * Amazonian forests, 173; flight of Chancas into, 178; Collas and Lupacas sent to colonise, 191; approaches from the Andes, 193. See Montaña
 * Ambato, defeat of Huascar's army at, 246
 * Amotape, on the coast, cruelties of Pizarro at, 224
 * Ampuero, Francisco: married a daughter of Pizarro, 297
 * Ampuero, Martin: befriended Inca children, 297
 * Anahuarqui, wife of Pachacuti, 92
 * Añaya, Atilano de, envoy to Vilcapampa, 292
 * Anca, an eagle, 79
 * Ancalluasu, girl's dress, 136
 * Anco ayllu, image carried in front of the Chanca army, 84
 * Anco-ayllu, chief of the Chanca contingent of the Inca army: flight into the Huallaga valley, 178
 * Ancon, excavations of Reiss and Stübel, 229
 * Ancovilca, joint founder of the Chanca nation, 83
 * Ancoyacu, Huascar's army rallied at, 248
 * Andahuaylas, chief seat of the Chancas, 83, 92, 176
 * Andean people, 30, 31. See Indians
 * Andes: unfrequented pass from Yca, viii ; Cordilleras unite at Vilcañota, 21; and at Cerro Pasco, 182; age, rise, 37, 38, 230; above the vale of Vilcamayu, 52; mountains of Cuntur-cunca, 179; Andes penetrated by five rivers, 192; descent from, to the montaña, 194, 195. See Cordillera
 * Angamos, 175
 * Anta, Prince Cusi Hualpa rescued by people of, 73; chief of, rewarded by the Inca, 74; daughter of the chief married to Uira-cocha Inca, 77. See Chimpu Urma and Runtu-caya
 * Antamarca, Huascar murdered at, 251
 * Antarctic lands once joined to South America, 37
 * Antarctic Indian, Garcilasso called himself, 31
 * Ant-eaters, fossils in Tarapaca, 38
 * Anti Indians, 196
 * Anti-suyu, eastern division of the empire, 173, 192–9. See Amazonian foests and Montaña
 * Apancay, or Abancay, 33, 174; beauty of the valley, 175; battle at, 262
 * Apocynea, tree in the northern coast valleys, 205
 * April–May, Ayrihua, 119
 * Apu-ccuri-machi, conquest of Marcapata by, 196; crossed the Inambari, reached Paytiti, 197
 * Apu Mayta, nephew of Inca Rocca: great general, 66; conquests of, 75, 77; against the succession of Urco, 83; supported Prince Cusi, 85; in battle with the Chancas, 86 ; death, 88
 * Apu-panaca, officer who selected Virgins of the Sun, 163
 * Apu Paucar Usnu, conqueror of Colla-suyu, son of Inca Pachacuti, 189
 * Apurimac river, 45, 48, 77; western frontier of the land of the Incas, 78, 80, 81; Chanca boundary, 83, 89, 91, 126, 137, 159, 173, 174; tributary of the Ucayali, 193; Huanca Auqui stationed to defend the bridge, 248; meeting of Manoo Inca and Pizarro at the bridge, 254

title: Page:The Incas of Peru.djvu/458


text: The Incas of Peru/Index

title: The Incas of Peru/Index


text: Bolshevism in Russia and America

title: Bolshevism in Russia and America


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/7

 brought suit alleging that VW’s acquisition of Subsidiary violated § 7 of the Clayton Act, 15 U.S.C. § 18.

The allegation of a § 7 violation was premised mainly on a theory of vertical restraint —that VW would be able to coerce both its wholly owned and indirectly controlled distributors and dealers to satisfy their demand for automobile air conditioning equipment from Subsidiary’s supply, thus foreclosing sales opportunities of Calnetics and other independent air conditioning manufacturers (hereinafter referred to generically as “Delta”). Calnetics also alleged that VW, Distributor, and Subsidiary had conspired and combined to restrain competition in the manufacture, distribution, and sale of air conditioning systems for Volkswagen, Karmann Ghia, and Porsche automobiles in violation of § 1 of the Sherman Act, 15 U.S.C. § 1, and had actually monopolized and attempted to monopolize the distribution, manufacture, and sale of air conditioning systems in violation of § 2 of the Sherman Act, 15 U.S.C. § 2.

Calnetics sought both damages and equitable relief, including divestiture of Subsidiary. Its claims for damages under the Sherman and Clayton Acts were premised entirely on its exclusion from competition for the sale of automobile air conditioning equipment to Distributor.

VW and Subsidiary counterclaimed, alleging that a secret agreement between Calnetics and the head of Distributor’s service department, R. W. Christiansen, which provided Christiansen and his wholly owned corporation, RWC Sales Corp. with a 3% commission on all sales to Distributor, violated §§ 1 and 2 of the Sherman Act, § 2(c) of the Robinson-Patman Act, and California state law. VW and Subsidiary sought both damages and equitable relief. Distributor filed a counterclaim based on state law, but was not allowed to amend its answer to include a counterclaim under the Robinson-Patman Act.

On February 28, 1972, the trial court granted Distributor’s motion for summary judgment on all claims against it, but rejected motions for summary judgment by VW and Subsidiary. The court also granted Calnetics’ motion for summary judgment on the counterclaims brought by VW and Subsidiary.

After the February 28 summary judgments, the only claims remaining to be tried were those by Calnetics against VW and Subsidiary under §§ 1 and 2 of the Sherman Act and § 7 of the Clayton Act. The district court had earlier ordered that the § 7 claim be tried separately from, and prior to, the Sherman Act claims. Accordingly, a jury trial commenced April 4, 1972 on the § 7 claim.

Upon the conclusion of Calnetics’ case in chief, the district court directed a verdict in favor of VW and Subsidiary on the issue of damages, dismissed the jury, and proceeded to hear further evidence on Calnetics’ claim for equitable relief.

On June 30, 1972, the district court held that VW’s acquisition of Subsidiary violated § 7 of the Clayton Act. Calnetics Corp. v. Volkswagen of America, Inc., 348 F.Supp. 606 (C.D.Cal.1972). It granted judgment for Calnetics but deferred the execution of the relief until the parties had presented “plans for accomplishing the [equitable] relief granted * * *.” 348 F.Supp. at 623.


text:
Page:The Man Who Died Twice (1924).djvu/39

 Could have such choral gold poured down from heaven

When he was young. But there he shook his head

In hopeless pity—not for the doomed, I saw,

But rather for the sanguine ordinary

That sees no devil and so controls itself,

Having nothing in especial to control.

“Hewers of wood,” I said, “and drawers of water

Will always in their innocence be insisting

That your enamel of unrighteousness

Is too thick to be real.” In his changed eyes,

Where the old fire was gone, there was almost

The coming of a smile: “How do you know?”

He answered, asking. “What have you done to know?


text:
Page:The Man Who Died Twice (1924).djvu/40

 Where have you been that you should think you know?

Do you remember when I told you once

That every sleeve of genius hides a knife

That will, if necessary, carve a way

Through snakes and oxen? Most that I said then

Has gone with all the rest, but I keep this

As a memorial of my retribution.

I wonder if a notion has yet seized you

To bury the keenest sword you ever saw

For twenty years in mud, and then go back

To find what may be left of it. If not,

You need not. Save your curiosity

Two decades of unprofitable conjecture,

And look at me. Look at Fernando Nash,—

The heir-apparent of a throne that’s ashes,


text:
Page:The Man Who Died Twice (1924).djvu/41

 The king who lost his crown before he had it,

And saw it melt in hell.”

When he had ceased

I could almost have heard those drums of death

Pounding him on to a defeated grave,

Which, had I not by chance encountered him

Beating another drum for the Lord’s glory

There in the street, would have been no man's grave,

Like that of one before him who still wears

The crown he could not lose. I thought of him,

Whose tomb was an obscure and stormy legend,

Sure of how little he had cared for that—

And how much less would this man here have cared

Whether he found a nameless grave, or no grave,

So long as he had left himself alive


text:
Page:The Man Who Died Twice (1924).djvu/42

 Behind him in a world that would have loved him

Only the more for being out of it.

That long orchestral onslaught of redemption

Would have exonerated flesh and folly

And been his everlasting epitaph—

Which time would then have read as variously

As men are various in their ways and means

Of reading. That would have cancelled everything,

And all his earthly debts—or left him willing

To pay them peradventure as they might

Or must be paid. But they had run too long.

His birthright, signed away in fettered sloth

To the most ingenious and insatiable

Of usurers, had all vanished; and the more

He might have been a king, the more their greed

Would mock him and his tatters, and abase him;


text:
Page:The Man Who Died Twice (1924).djvu/43

 And his vituperative temporizing

Over a eh in rags would mend no holes.

“But there’s a crown that even the lowliest

May learn to wear,” he said. “Glory to God!”

And his eyes glittered with an icy joy

That made me hope that he was wearing it.

“Of course we can’t forget,” he said in answer

To doubt that in my silence may have spoken;

“Yet there is much that we may leave behind,

And there is always more if we go on.”

In marking after that the accuracy

Of his minute recount, I found it hard

Not to believe that he remembered all—

Save that which of itself was everything,

Or once had been so. There before the mirror,

That bitter midnight when he heard the clocks,


text:
Page:The Man Who Died Twice (1924).djvu/44

 There was not much forgetting; and since then

Only one year was gone. Before that glass

He must have sat for more than a long hour,

Hurling the worst of his vocabulary

At his offending image. “Now you have learned

A part of what you are,” he told his face,

“And you may say whatever occurs to you

As an addendum. You deficient swine,

Where do you see the best way out of it?

You are not crazy enough to cut your throat;

You are not solid enough to shoot yourself.

There’s always water, but you don’t like that;

And you're not sure enough of what might happen

If you should inadvertently have swallowed

A few small pills. But there’s another way—

A longer and a more monotonous one,

Yet one that has no slight ascendency


text:
Page:The Incas of Peru.djvu/459

Rh * Arapa, stronghold of the Collas, 189 3em
 * Arasa river, 193
 * Arayraca tribe, followers of the Avars, 50; belonging to Hanan Cuzco, 65
 * Arbieto, Martin Hernando de: in command of the force to invade Vilcapampa, 293; returned to Cuzco when sated with slaughter, 294
 * Architecture, megalithic, 22–39; of Ollantay-tampu, 150, 151; of the Chimu, 210, 216, 218–19; of Colcampata, 286, 287; Inca, 318
 * Arequipa, ix, 173; conquered by the Collas, 187, 239
 * Ariea, 239
 * Arpay, sacrifice, 108
 * Arriaga, report on the extirpation of idolatry, 10, 235
 * Asia, coast valley, 227
 * Asillo, stronghold cf the Collas, 189
 * Astete, Miguel: at Pachacamac with Hernando Pizarro, 234; name of chiefs on the coast given by, 239 n.; presented the llautu of Atahualpa to Sayri Tupac, 274; notice of, 288 n.
 * Astete, Colonel Pablo of Cuzco, 288 n.
 * Astete, Señora: authority on folklore at Cuzco, viii; information from, respecting the secret of the hidden treasure, 288 n.
 * Asto Huaraca, chief of the Chancas, 83; in the battle with Prince Cusi, 86 ; death in battle, 89
 * Atacama: language, 220; people, 239
 * Atahualpa : daughter married to Betanzos, 5; went to Quito with Huayna Ccapac, 241; not born at Quito nor was his mother a native of Quito, 241 n.; military service unsatisfactory, 242; excused himself from coming to Cuzco, 243; sent an embassy to Huascar, 244; his victory, 247, 249; imprisoned by Spaniards, 249; ransom, 250, 251; his name used in mockery by schoolboys at Cuzco, 265
 * Atauchi, name, 44
 * Atequipa, coast valley, 239
 * Atico, coast valley, 239
 * Atoc, in command of Huascar's army, defeated at Ambato, 246
 * August–September, Ccapac Situa, 118, 125
 * Augustine Friars. See Calancha, Vivero, Ortiz
 * Auqui, name, 44
 * Auqui Tupac Yupanqui, put to death by Huascar, 243
 * Authorities. See Acosta, Arriaga, Avila, Ayala, Balboa, Bertonio, Betanzos, Calancha, Cieza de Leon, Fernandez, Garcilasso de la Vega (Inca), Gomara, Herrera, Holguin, Lizarraga, Matienza, Molina, Montesinos, Morua, Mossi Oliva, Pizarro (Pedro), Polo de Ondegardo, Ramos Gavilan, Relaciones Geograficas, Salcamayhua, Santillan, San Tomas, Sarmiento, Solorzano, Torres Rubio, Valera, Valverde, Velasco, Zarate
 * Avendaño, Hernando: work lost, 10
 * Avila, 10, 230. See Huarochiri
 * Ayacucho, author's headquarters at, viii ; battle, 179 and note
 * Ayala. See Huaman
 * Ayamarca, month, Nov.–Dec., 118, 128
 * Ayamarca, chief, named Tocay Ccapac, engaged to be married to Micay, wife of the Inca Rocca; war with her tribe, the Huayllacans, 68; kidnapped Prince Cusi Hualpa, 71, 72; finally subdued, 76, 80, 91 n.; meaning of the name, 128 n.
 * Ayar, name, 43; title of the mythical founders of the empire, 49 ; their resolution and march to Cuzco, 49, 50; tribes forming their army, 49, 50

title: Page:The Incas of Peru.djvu/459


text:
Page:Batman upon Bartolome.djvu/64

 and yet is ſubiect to forgetting, vertue and mallice without chaunging or léeſing of his ſubſtaunce. And becauſe it is bodileſſe, it is not ſpread in length neither in breadth in the bodily wits. Inaſmuch as it is ſimple in kinde, therfore it may grow and ware, neither more neyther leſſe one time then at an other. And therefore in the greater bodye it is no greater, nor in the leſſer bodie leſſer, as ſayeth Auſten. Alſo though it bée ſimple and not chaungeable in his ſubſtaunce, yet it hath many ſundry mights and vertue. For multitude in might and vertue, maketh him neither more ne leſſe in kinde, but the multitude of might and vertue belongeth to the dooinges and effects. And ſo hée is not more in thrée vertues then in one, neither leſſe in one then in thrée: And thus it is known, that ſoule hath many propertyes and definitions, touching what thing the Soule is, and the condition of the Soule ſhall bée more cléerelye knowne by the ſetting of the name.

¶How the Soule tooke name of the Gentiles. Chap. 5.
ISidore ſayeth, that Anima the Soule, was named of the Gentiles: For that by their opinion it is winde & breath: For we by drawing of ayre at the mouth ſéeme to liue. But this opinion is openlye falſe, for the Soule is put into the bodye, long before the ayre bée taken at the mouth. For it liueth béeing in the mothers wombe, when our Lorde maketh the Soule, and putteth it therein. And it is called Soule becauſe it liueth, and it giueth lyfe to the bodie, that it is put in. And it is called ſpirit, becauſe it hath in it ſelfe, ſpirituall, animall, and kindlye lyfe: And becauſe it maketh the bodye , that is, to breath. Alſo the ſame thing is ' and : but ' leadeth the lyfe by reaſon, and  by counſaile and guiding. Therefore Philoſophers ſaye, that , that is a lyfe, abideth with , that is counſaile. Alſo  the Soule, is called , the Minde, becauſe it app•areth aboue as head, or becauſe it mindeth. By the Soule, man is the Image of God. Alſo many names of the ſoule bée ſo coupled together, ſo that oftentimes one name is put for another, and the Soule that is one, is called by diuerſe names in diuerſe reſpectes. It is called , while it is in the bodye and giueth it lyfe. ' whileſt it hath minde, , whileſt it hath will: ' while it déemeth or iudgeth rightfully: ' while it breatheth: ' while it féeleth. And for theſe propertyes of the Soule, cunning, that is the qualytie of the Soule, is called , and hath the name of , féeling. Hetherto ſpeaketh ''Iſidore. liber. 15. Chap. 14.''

¶Of the powers of the Soule. Chap. 6.
THE Soule is one in ſubſtaunce, and hath many vertues, and many manner of workings: thereby it néedeth to ſhewe diuerſe parting of his might and vertues. The Soule is compared to the body, and to this end, and to this act. Touching the compariſon to the bodie, the Soule hath five manner of mightes and vertues. The firſt whereof, as Auſten ſaith, is féeling, and by that vertue the Soule is mooued, and taketh héede to the bodylye wittes, and deſireth thoſe things, that belong to the bodye. By this vertue a beaſt is mooued to deſire the thing that is lyking, and to eſchewe the thing that is grieuous. The ſeconde power is wit: that is the vertue of the ſoule, whereby ſhée knoweth things ſenſible and corporall, when they bee preſent. The third is imagination, whereby the Soule beholdeth the lyekeneſſe of bodylye thinges when they bee abſent. The fourth is , Reaſon, that déemeth and iudgeth betwéene good and euill, truth and falſeneſſe. The fifte is , vnderſtanding and inwit. The which comprehendeth thinges not

title: Page:Batman upon Bartolome.djvu/64


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/774

The collection formed by Miss Kingsley, though small, contained several species of considerable interest, in addition to the novelties; and hence I have thought it worth while to prepare a complete list. Eight species in all are here described as new, for two of which it has been necessary to establish new genera. It is, however, to be regretted that in most cases only single specimens were received, and several of them were immature, or the number of new species might have been larger.

Female.—Apterous: front of head rounded, projecting beyond the prothorax; face hardly oblique; antennæ thickened at base and tapering to tips; prothorax moderately arched, the hinder angles rounded off, those of the meso- and metathorax less rounded and more produced backwards; tibiæ


text:
Page:The Man Who Died Twice (1924).djvu/45

 Over the rest; for if you starve to death,

Maybe the God you've so industriously

Offended in most ways accessible

Will tell you something; and if you live again

You may attain to fewer discrepancies

In less within you that you may destroy.

That’s a good way for you to meet your doubt,

And show at the same time a reverence

That’s in you somewhere still.” And I believe,

Though he may well then have believed in nothing

More real than a defective destiny,

That it was in him somewhere, as he said.

There was a fervor in his exceration

That was not only drama; though I question

Whether I should have found him and his drum

That evening a year after, in the street,

If he had not gone farther, while he starved,


text:
Page:The Man Who Died Twice (1924).djvu/46

 Into the valley—which had for twenty years

Already beguiled and held him. What had been

Without this uncompanioned expiation,

I do not know, and I might never have known.

The shape of one more foiled obscurity

Might some time as a cadaver have ensured

A massive and unusual exhibition

Of God’s too fallible image—and no more.

Though some had wondered idly, and they might,

Why the defeated features of a giant

Should have been moulded so imperiously

To be the mask of frailty in oblivion,

None would have rated such a scrapped utensil

As more than common, or uncommon, waste;

None would have guessed what violent fire had once,

In such a cracked abandoned crucible,


text:
Page:The Man Who Died Twice (1924).djvu/47

 Fused with inseparable obscure alloy

Celestial metal, which would else have been

The fabric of a seething instrument

That might have overflowed with other fire

Brought falling from ethereal distances.

It might, I say, cleaving inveterately

To my conviction that in this man’s going

More went than when in Venice went the last

Authentic wizard, who in his house of sound

Hears not the siege of Time. Failing a way

To prove that one obscure evangelist,

Beating a drum and shouting for the Lord,

Not only might have been (to fill again

That weary sieve with wine) but was in fact

A giant among fewer than half your fingers

Of Jubel’s clan,—and surely having given


text:
Page:The Man Who Died Twice (1924).djvu/48

 Credulity, dismayed imaginably

In retrospect, extenuating warrant

To hang itself conveniently at leisure,—

Only Fernando Nash’s narrative

Will now avail me for the confirmation

Of more, I fear, than the confirmable—

As he would have foretold. Reverting quaintly

And incompatibly with his arrogance

To the weak stings of his inferiors,

And even while dying, he smiled. “Poor souls,” he said,

“That are born damned, although they may be feared

May be forgiven, though hated, and then hanged;

Whereas my early colleagues, had they known

How soon and surely I was to damn myself,

Not only would have ceased their fearing me,


text:
Page:The Man Who Died Twice (1924).djvu/49

 But would have loved me—seeing that I was doomed.

That midnight—when I cursed myself so long—

Roundly and rightly, be it well understood—

There came a few revealing memories

That set me then to wondering just what soft

And anaesthetic language of affection

They would have brought for me if they had known

How far I was from all that formerly

Had for so long offended and oppressed them.

Poor children!—and they might all have been happy

If in the place of misapplied creation

A more discriminate wisdom had supplied

Discrimination—and some humility

Before God’s few that are in spite of us


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/8

 On July 10, 1972, the district court granted summary judgment in favor of VW and Subsidiary on the postponed Sherman Act claims. Calnetics Corp. v. Volkswagen of America, Inc., 348 F.Supp. 623 (C.D.Cal.1972).

On January 19, 1973, the district court issued a supplemental order which: provided for VW’s divestiture of Subsidiary; enjoined VW and its wholly owned subsidiaries for a period of seven years from importing into the United States any Volkswagen, Porsche, or Audi automobiles equipped with factory-installed air conditioning; imposed a 10-year ban on domestic manufacture and assembly of automobile air conditioners by VW; and permanently enjoined VW and its wholly owned distributors from satisfying more than 50% of their need for automobile air conditioners from the output of the divested firm. Calnetics Corp. v. Volkswagen of America, Inc., 353 F.Supp. 1219 (C.D.Cal.1973).

VW and Subsidiary argue that all the summary dispositions in their favor and in favor of Distributor are correct. VW and Subsidiary also argue that even if only one of the three summary dispositions in favor of them or Distributor is correct VW and Subsidiary are necessarily entitled to summary dismissal of all the plaintiff’s damage claims. Finally, VW and Subsidiary argue that if all three summary dispositions in favor of them or Distributor are erroneous then Calnetics’ entire § 7 claim, which sought both damages and equitable relief, must be remanded for a jury trial. With respect to their counterclaims, VW and Subsidiary urge that the summary judgment in favor of Calnetics was erroneous.

Calnetics argues that the three summary dispositions in favor of Distributor, VW, and Subsidiary were erroneous. It does not respond directly, however, to VW and Subsidiary’s argument that the consequence of that error is that VW and Subsidiary become entitled to a jury trial on the entire § 7 claim. (Calnetics implicitly concedes that the defendants can have a jury trial, because Calnetics asserts error in the summary judgments against Calnetics on the damages claims.)

We consider first Calnetics’ challenges to the summary dispositions of its damages claims against VW, Subsidiary, and Distributor. In conjunction with our analysis of these challenges, we will also consider VW’s and Subsidiary’s challenge to the summary judgment dismissing their counterclaims against Calnetics.

Calnetics had alleged that Distributor conspired with VW and Subsidiary (1) unreasonably to restrain trade and commerce in the business of marketing air conditioners for Volkswagen automobiles in violation of § 1 of the Sherman Act, and (2) to monopolize said trade and commerce in violation of § 2 of the Sherman Act. After the submission of numerous documents, depositions, and affidavits, and the presentation of oral and written arguments, the court made extensive findings of fact and concluded that Distributor had not violated the antitrust laws.

The court’s critical finding (No. 17) stated:

“* * * By reason of the problems with and dealer complaints received concerning the * * * [Calnetics] air-conditioners, the refusal of many * * * [Distributor] dealers to purchase those units, and the widespread success of * * * [Delta] in the * * * [Distributor] area, in the fall of 1969 * * * [Distributor] determined, in its independent business judgment to cease handling * * * [Calnetics] air-conditioners on an exclusive basis and to distribute the full line of * * * [Delta] air-conditioners. This decision reflected a policy decision by * * * [Distributor] that it was in its interests and those of the dealer and Volkswagen purchaser to have a


text:
Page:The Man Who Died Twice (1924).djvu/50

 Surviving, somehow.” And all this to me

Was not quite so irrelevant as to others

It may at first appear; for the same thought

Pursued me always in those other days

When I had harmonized ingeniously

Some brief and unoffending cerebration

Which, had it been one, would have been a song.

To some persuasion sharper than advice

I must have yielded slowly and at last

Let fall my lyre into the fearsome well

Of truth, hearing no protest from below;

Thereby surviving bitterness to indite

This tale of one who foundered in a slough

More fearsome, and lost there a mightier lyre.

He was not humble, this Fernando Nash;

Yet while he may have ministered on occasion


text:
Page:The Man Who Died Twice (1924).djvu/51

 To a discreet humility in others,

I doubt if in the scorn he flung to us,

Mostly in silence, his preoccupation

Saw crumbs of any nurture less assuaging

Than wholesome and unfrosted honesty;

Albeit his arrogance may have merited

The few vindictive nippings that amazed

As much as they annoyed, and would have seemed

Allegiance, had their negligible venom

Been isolated from another virus,

Which later was to be a leprosy

Of self-contempt attending revelation.

When he had heard the last stroke of those clocks,

And called himself again the last hard name

That his abundant lexicon released,

He tore those two initial symphonies


text:
Page:The Man Who Died Twice (1924).djvu/52

 Into as many pieces of oblivion

As he had reasons, or believed he had,

After those empty years, for their extinction.

“They were so ‘temerarious’ and ‘exotic’

When they were written twenty years ago,

He said, “that all who saw them laughed at them—

Not seeing with me that they would be today

About as temerarious and exotic

As Handel’s hat. They were good harbingers,

But were they living they would not be mine;

They were not what it was that I was doing

The while I did them. Many, if they were theirs,

Would eat their ears for joy, but they‘re not theirs,

Or mine. Glory to God, they’re nowhere now.

They were not mine; they were not yet the vintage;


text: User:SnowyCinema/P/The Stephenson Family


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/9

 choice of air-conditioners for each type of automobile.” (Emphasis added.)

Although the “independent business judgment” finding seems to have been the basis for the court’s summary judgment order on February 28, 1972, the court reconsidered finding No. 17 on May 31, 1972, and replaced it with the following:

"“* * * [T]here is no credible evidence that * * * [Distributor’s] ceasing to handle * * * [Calnetics] air-conditioners on an exclusive basis or at all was the result of any combination or conspiracy by * * * [Distributor] resulting from its voluntary act or acts.” (Emphasis added.)"

Taking into consideration the February 28 findings along with the May 31 amendments, we conclude that the district court’s final rationale for the summary judgment order was not that Distributor had exercised independent business judgment in ceasing to handle Calnetics’ air conditioners, but that the cessation of business was not the result of a combination or conspiracy resulting from any voluntary act on the part of Distributor.

In making the May 31 amendment, the court apparently realized that, if the summary judgment in favor of Distributor was based on the independent-business-judgment rationale, it must also grant summary judgment in favor of VW and Subsidiary on the § 7 claim for damages. However, the court did not grant summary judgment in favor of VW or Subsidiary, and, to make its rulings consistent, reconsidered the Distributor findings and amended them so that the Distributor summary judgment would be based on grounds of lack of voluntariness. In doing so, however, the court adopted an erroneous theory. The involuntary nature of one’s participation in a conspiracy to monopolize is no defense. An antitrust conspirator can be liable for damages even though he participates only under coercion. Flintkote Co. v. Lysfjord, 246 F.2d 368, 375 (9th Cir.), ''cert. denied'', 355 U.S. 835, 78 S.Ct. 54, 2 L.Ed.2d 46 (1957); Otto Milk Co. v. United States Dairy Farmers Cooperative Ass’n, 261 F.Supp. 381, 385 (W.D.Pa.1966), aff’d, 388 F.2d 789 (3d Cir. 1967).

Although the court in granting summary judgment misapplied substantive law, the judgment should not be reversed if it is correct for some other reason. See Archer v. United States, 217 F.2d 548, 551 (9th Cir. 1954), ''cert. denied'', 348 U.S. 953, 75 S.Ct. 441, 99 L.Ed. 745 (1955); 6 J. Moore, Federal Practice ¶56.27[1], at 2975 (2d ed. 1948, as amended, 1975). Thus, we must reach Distributor’s argument that summary judgment was correct because Calnetics failed to produce any credible evidence from which a jury could reasonably infer conspiracy in restraint of trade. According to Distributor, the only reasonable inference that could be drawn from the undisputed facts was the one the trial judge first drew: that Distributor ceased doing business with Calnetics for purely independent business reasons.

In support of its claim that a genuine issue exists as to Distributor’s motivation, Calnetics points to certain undisputed evidence: (1) that in June, 1969, Distributor issued a 10,000-unit purchase order to Calnetics for the 1970 model; (2) that VW acquired Subsidiary on September 26, 1969; (3) that VW urged Distributor to purchase Subsidiary’s air conditioners, but at that time Distributor told VW that it was “satisfied” with its present suppliers; (4) that after an October 15, 1969, meeting between VW, Subsidiary, and Distributor executives, Distributor promised that it would join VW’s and Subsidiary’s marketing efforts; (5) that Subsidiary could not satisfy the


text:
Page:The Man Who Died Twice (1924).djvu/53

 Though I should have enjoyed, when I was young,

The taste of them. But they were not the wine

To fill my cup, and now it doesn’t matter.”

There was for some time an obscurity

For me in such a reasoning, but I learned,

And I have striven loyally to believe

That he did well—sure that he did not well

In going down those dark stairs again that night

For the beginning of a last debauch

That was to be a prelude, as he put it,

Wincing in reminiscence, for a fugue

Of ravening miseries and recriminations

Assembling in remorseful exposition

That was to be remorseless and infernal

Before they were devouring one another

In a malicious fantasy more infernal,


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/775

 strongly spined above, but femora with no spines, but only clothed with fine hair; abdomen very broad, supra-anal plate triangularly emarginate at the extremity to nearly half its length; cerci very broad, pointed at the end, and a little shorter than the supra-anal lamina.

The unarmed femora place this genus in the Panchlorinæ, but in shape it resembles the females of some of the Blattinæ. The male is probably winged.

Long. corp. 20-21 millim., lat. 13 millim.

Female.—Blackish, with testaceous markings; face nearly smooth, shining black below the vertex, the sides, mouth, and a band within the eyes and antennæ testaceous; vertex testaceous in front, with blackish streaks projecting into it from behind; head and thorax clothed with fine down; prothorax and sides of meso- and metathorax finely punctured, middle of teso- and metathorax and abdomen rather coarsely granulated; mesothorax testaceous, somewhat speckled with reddish brown, the centre filled up with a large blackish blotch, with two projecting angles on each side in front and behind, the two innermost of the hinder projections extending to the hinder margin of the prothorax, and the second of the front projections connected with a large oblong black patch bordering part of the sides of the prothorax; meso- and metathorax bordered on the sides with reddish brown and with several irregular testaceous markings; on the abdomen these are continued more regularly, forming a central and nearly parallel series, and two outer series, the first of which is nearly straight and the second connected with the testaceous border below the lateral angles of the segments; supra-anal plate black, with a broad testaceous band on each side; cerci black; antennæ reddish, shading into brown; pectus testaceous; abdomen brown beneath.

Two specimens obtained.

A single immature specimen of this genus, remarkable for the very heavy black band on the front femora and tibiæ and for the black spines of the latter.


text:
Page:The Man Who Died Twice (1924).djvu/54

 And richer in dissonance and involution

Than all his dreams together had heretofore

Aspired or dared to be. When halfway down

The second of those four forbidding stairways,

He heard those drums again, and on his face

He felt with more resentment than alarm

A touch of warning, like a chilly wind

Within a tomb. “You are too late,” he said,

Holding his heavy jaws harder together;

“And you have come too many times before.”

Then he went grimly down and out of doors,

And was alone there in a lonely street

That led where soon he might not be so lonely,

Or so severe in his particulars.

After three weeks that would have relegated

A village blacksmith or a stevedore


text: Bolshevism in Russia and America/Chapter 1


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/10

 total air-conditioning demands of Volkswagen dealers in 1970; (6) that in November, 1969, Distributor placed a 1500-unit order to Calnetics, effectively replacing the 10,000-unit purchase order of June; (7) that in early 1970 Distributor notified Calnetics of its intent to cancel the 1500-unit order; (8) that in the beginning of the 1971 model year Subsidiary was “back on the right track”; and (9) that on September 28, 1970, just prior to the 1971 model year, Distributor’s service manager wrote to one of its representatives that “[Distributor] is going 100% to Volkswagen Products Corp. [i. e., Subsidiary] air conditioner units for 1971.”

Despite Calnetics’ arguments to the contrary, the evidence tending to show that Distributor dropped Calnetics as a supplier for purely independent business reasons is substantial and appears strong in comparigon with Calnetics’ inferences of conspiratorial intent. The dissatisfaction of Distributor and retail dealers with the Calnetics products is well documented, as is Calnetics’ rejection of 25% of warranty claims submitted to it, its failure to deliver air conditioners on time, its weak financial condition, and the success of Delta, another manufacturer, in taking business away from Distributor by selling direct to dealers. Further, Calnetics does not dispute the court’s finding that Distributor, as a result of the problems it experienced with Calnetics’ products, “had no desire to purchase additional * * * [Calnetics] air conditioners * * *.” Also tending to show the lack of conspiratorial purpose is the fact that Delta, not Subsidiary, supplied Distributor with the vast majority of the 1970 model-year units which Calnetics claimed it would have supplied but for the conspiracy between VW, Subsidiary, and Distributor.

If this appeal were from a jury verdict in favor of Distributor, our inquiry would be limited to the presence of evidence sufficient to support the verdict. However, the claim against Distributor was never presented to a jury. It was decided by the court on summary judgment. Our inquiry, therefore, is not whether there is substantial evidence supporting a finding of independent business purpose, but whether no reasonable jury could have found that Distributor participated in a conspiracy to restrain trade. The burden is on the party moving for summary judgment to show the absence of any genuine issue of material fact, and, in determining whether the burden has been met, we must draw all inferences of fact against the movant and in favor of the party opposing the motion. Fortner Enterprises, Inc. v. United States Steel Corp., 394 U.S. 495, 505, 89 S.Ct. 1252, 1259, 22 L.Ed.2d 495, 506 (1969); ''DeVoto v. Pacific Fidelity Life Ins. Co., 516 F.2d 1, 5 (9th Cir.), cert. denied'', 423 U.S. 894, 96 S.Ct. 194, 46 L.Ed.2d 126 (1975); Saxony Products, Inc. v. Guerlain, Inc., 513 F.2d 716, 719 n.6 (9th Cir. 1975).

These general standards for the granting of summary judgment become even more strict in the antitrust context. As the Supreme Court observed in Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962):

“* * * We believe that summary procedures should be used sparingly in complex antitrust litigation where motive and intent play leading roles, the proof is largely in the hands of the alleged conspirators, and hostile witnesses thicken the plot * * *. It is only when the witnesses are present and subject to cross-examination that their credibility and the weight to be given their testimony can be appraised. Trial by affidavit is no substitute for trial by jury which so long has been the hallmark of ‘even


text: Bolshevism in Russia and America/Chapter 2


text:
Page:The Man Who Died Twice (1924).djvu/55

 Of mortal average to a colder sleep

Than has a waking, he awoke one day

Late in the afternoon, miraculously

In bed again and wondering, as before,

How this time he had got there. Looking up,

He met the face of Bach upon the wall,

Who bowed at him, gravely but not unkindly;

And he, not yet alive to what was coming,

And not to be defective in attention

To a great master, bowed acknowledgment;

Whereat the salutations were repeated,

And there was a preparatory silence,

Heavy with strangeness and expectancy,

Which would have been a monitory dread—

But for the master’s nod of satisfaction

And interest in the coming through a keyhole

Of a slow rat, equipped with evening dress,


text:
Page:The Man Who Died Twice (1924).djvu/56

 Gold eye-glasses, and a conductor’s wand,

Soon followed by a brisk and long procession

Of other rats, till more than seventy of them,

All dressed in black and white, and each of them

Accoutred with his chosen instrument,

Were ranged in order on the footworn carpet

That lay between Fernando and the door.

Having no chairs, they stood erect and ready,

And having made obeisance to the master

Upon the wall, who signified his pleasure,

And likewise to the man upon the bed,

They played with unforeseen solemnity

The first chords of the first rat symphony

That human ears had heard. Baffled and scared,

Fernando looked at Bach, who nodded slowly,

And, as he fancied, somewhat ominously;

And still the music sounded, weird but firm,


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/776

 style=font-size: 90%;|hanging-indent=2em|

Palophus centaurus, Westw. Cat. Phasm. p. 91, n. 233, pl. xxxi. fig. 1 (1859); Brogn. Nouv. Arch. Mus. Paris, (3) iii. p. 195, pl. viii., pl. ix. figs. 1-4 (1892).

One of the largest winged African Phasmidæ. A single female specimen was in the collection.

Female.—Apterous, rather stout, granulated; antennæ rather shorter than the front femora, 23-jointed, with most of the joints long and cylindrical; scape flattened, about twice as long as. broad, second joint also longer than broad and considerably longer than the following joints; front legs much longer and front femora much thicker than in the last two pairs of legs.

Readily distinguished from Phasma (Bacillus auct.) by the granulated body and the cylindrica] joints of the antennæ.

Uniform brown, except that the face is varied above with black and below with yellow. Head with a row of four raised tubercles behind; pronotum with three imperfectly formed grooves and a transverse one dividing it nearly equally; there is also a distinct carina on each side; mesonotum thickly granulated and with three central carinæ, the lateral ones not extending to its extremity, but a central one continued along the metanotum and abdomen; abdomen with segments 2-8 (counting the median segment as 1) gradually diminishing in length; ninth short and transverse; tenth three times as long as broad, gradually tapering, and extending for half its length beyond the operculum; cerci very short, rather broad and rounded, just projecting on each side at the base of the tenth segment. Under surface of the body carinated throughout on the central line behind the propectus, which is carinated on the sides; most of the hinder part of the body is carinated on the sides both above and below the middle. Legs carinated and sulcated; first joint of front tarsi about as long


text:
Page:The Man Who Died Twice (1924).djvu/57

 And the more fearful as it forged along

To a dark and surging climax, which at length

Broke horribly into coarse and unclean laughter

That rose above a groaning of the damned;

And through it all there were those drums of death,

Which always had been haunting him from childhood.

Without a formal ending, or any sign

That there was ever to be an end, the rats

Danced madly to the long cacophony

They made, and they made faces at Fernando

The while they danced—till one of them, the leader,

Bowed mockingly, and vanished through the keyhole,

As he had come; and after him went others,


text: Bolshevism in Russia and America/End matter


text:
Page:The Man Who Died Twice (1924).djvu/58

 Each with a leering courtesy as he went,

Till more than seventy of them disappeared,

Leaving their auditor lying there alone

In a cold sweat, while his impassive master

Frowned, shook his head, and was again a picture.

Fernando Nash, deploring afterwards

This innovation of orchestral rats

As a most arbitrary intermezzo

Between the sordid prelude that was over

And the infernal fugue that was to come,

Smiled wearily, and shrugged his heavy shoulders,

Like one who would be glad to say no more,

Yet must relate the rest to somebody

Before he died. Somebody might believe him;

And it was I, who had not bitten him

(Achilles’ heel was never to be cured),


text:
Page:The Man Who Died Twice (1924).djvu/59

 Who might, if anyone might, believe him now,

And say to others that he was not mad

Through that incessant week of lonely torture

Which no food would have eased, and through the days

That followed while he starved indomitably,

With a cold hope that his long-punished heart,

Would after time be still. Day after day,

And endless night following endless night,

There were those miseries and recriminations

Devouring one another but never dead,

Until one afternoon he lay remembering

The day when those unusual visitors

Had made a more unusual music for him,

And having made it mocked him and departed.

Again he looked up at the face of Bach,

Considering wearily, with a bleak regret


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/11

 justice.’ ” 368 U.S. at 473, 82 S.Ct. at 491, 7 L.Ed.2d at 464.

The key contested issue in the claims against Distributor is motive or intent, and plaintiff should have an opportunity to let the jury draw its own inferences from the undisputed facts unless all reasonable inferences that could be drawn defeat plaintiff’s claims. Despite cogent evidence of independent business reasons for Distributor’s actions, the fact remains that VW enjoyed a special supplier-purchaser relationship with Distributor and that, in the two model years after VW’s acquisition of Subsidiary, the Subsidiary air conditioners—considered unfit when they were produced by Subsidiary’s predecessor corporation—made substantial inroads into the Distributor market which had been held exclusively by Delta and plaintiff.

Mindful of the Supreme Court’s admonition in Poller v. Columbia Broadcasting System, Inc., supra, and viewing the evidence as a whole and in a light most favorable to Calnetics, we cannot say that no reasonable jury could have found that Distributor participated in a conspiracy in restraint of trade which resulted in a decision to terminate dealings with plaintiff. Thus, a genuine issue of material fact exists and it is for the jury alone to decide whether Distributor’s cessation of business with Calnetics was motivated by independent business reasons or by participation in an illegal conspiracy.

We vacate the summary judgment in favor of Distributor on Calnetics’ antitrust claims, and remand the case for trial.

At the conclusion of Calnetics’ case in chief on its claim for damages under § 7 of the Clayton Act, the court granted defendant VW’s motion for a directed verdict. The court based its ruling upon its finding that the jury could not reasonably have found a direct and immediate causal connection between VW’s acquisition of Subsidiary and Calnetics’ alleged damages.

The standard for review of the grant of a directed verdict is identical to that for review of a summary judgment order. The appellate court must view the evidence, including all reasonable inferences of fact, in a light most favorable to the party against whom the motion for directed verdict was made. Continental Ore Co. v. Union Carbide & Carbon Corp., 370 U.S. 690, 696, 82 S.Ct. 1404, 1409, 8 L.Ed.2d 777, 782 (1962); 5A J. Moore, Federal Practice ¶50.02[1], at 2826–27 (2d ed. 1948, as amended 1975).

The order for a directed verdict does not clearly indicate the facts upon which the court based its lack-of-causation finding. Conceivably, the court entered its order upon the belief that the evidence conclusively showed that Distributor’s termination of business dealings with plaintiffs resulted from the exercise of independent business judgment rather than from participation in a conspiracy. But, as pointed out by VW and Subsidiary, at the time the court ordered a directed verdict, there had been only oblique reference to independent


text: Page:The Chace - Somervile (1735).djvu/36


text:
Page:The Incas of Peru.djvu/460

418 * Ayar Auca, 49; death, 54
 * Ayar Cachi, 49; plot against, 51; murder, 52
 * Ayar Manco, 49; the leader: his Huauqui, 50; plan to get rid of his brothers, 51; hurled his golden staff, 53; his date, 55; established at Cuzco, 54, 55; four wives of the Ayars,—49 Occlo, Huaco, Ipacura, Rava
 * Ayar Uchu, 49 ; turned into the Huanacauri idol, 52, 128
 * Ayar march to Cuzco. For stopping stations see Huanacancha, Tampuquiru, Pallata, Hais Quisru, Quirirmanta, Matahua, Huanay-pata
 * Ayar ayllus or tribes, 49, 50, 55, 65, 125
 * Ayllus or lineages : tribes of the Ayars, 49, 50; each had its founder or ancestor, 104, 113; as runners at the Situa festival, 126; records of events kept by, 140; akin to village communities, 159; system, 160, 161; mountaineers, 175; on the coast, 235, 236; of the Incas, 290
 * Aymara colonists, 164; a branch of the Quichuas, 175, 192; settled at Juli, 192; Spanish priests gave the name to the language of the Collas, 192; never used for the language until long after the conquest, 313; error explained, 314; never used for the people of the Collas by any early writer, 315
 * Aymuray, May–June, 119, 135
 * Ayrihua, April–May, 119, 135; dance, 168

 * Baccharis Incarum or Tola, 22
 * Baccharis Molina—Chilca, 80
 * Baccharis Eupatorium—Chilca, 80
 * Bachicao, Hernando: hanged by Carbajal, 269
 * Balboa: translated and indexed by the author, xi n.; his work, 9, 10; his names of stars, 117; Paccari-tampu myth told by, 140; account of the Inca voyage to the Galapagos Islands, 184; tradition of the arrival of strangers at Lambayeque, 221; on the Inca invasion of the coast, 223
 * Barco, Pedro del: three sons, schoolfellows of the Inca Garcilasso, 265; hanged by Carbajal, 269; kindness of Garcilasso de la Vega to his sons, 273
 * Beatriz, Ñusta, Inca Princess, 260: asked to negotiate with Sayri Tupac, 273; her son received by the Inca, 273; Sayri Tupac her guest at Cuzco, 274. See Leguisamo
 * Beatriz, Ñusta, Inca Princess. See Mustincia and Hernandez
 * Belaunde, Victor Andres: his review of writings of sociologists on the ayllu system of Peru, 170, 171
 * Beni river, 193, 198
 * Bertonio, Ludovico: his Aymara dictionary, 192, 315
 * Betanzos: his 'Suma y Narracion' translated by the author, xi n.; Gregorio de Garcia in possession of his manuscript, 4; edited by Jimenez de la Espada, 5; work copied for Prescott, 4; a Quichua scholar and interpreter, 5; married to a daughter of Atahualpa, 5, 260; on the origin of the people, 32; occurrence of the word Con in connection with the deity, 103 n.; his names for the months, 118 n.; Paccari-tampu myth told by, 140; sent to negotiate with Sayri Tupac, 273; unsuccessful embassy to Titu Cusi Yupanqui, 285
 * Blasco Nuñez de Vela, viceroy: correspondence with the Inca Manco, 258; driven out by Gonzalo Pizarro, 269

title: Page:The Incas of Peru.djvu/460


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/12

 reasons for Distributor’s actions. Therefore, according to VW and Subsidiary, the court must have based its lack-of-causation conclusion on the fact that Calnetics was displaced as Distributor’s supplier not by Subsidiary but by Delta. Since we have already concluded that a genuine issue exists as to Distributor’s motivation in terminating its business dealings with Calnetics, the directed verdict in favor of VW and Subsidiary can stand only if no reasonable jury could have found that Subsidiary was responsible for any of plaintiff’s alleged losses.

In model year 1969, Calnetics sold approximately 4000 units to Distributor, while Delta, selling at that time directly to Volkswagen dealers, sold no units to Distributor. Then, in the fall of 1969, Distributor stated that it would use both Calnetics and Delta as exclusive suppliers for the coming model year. Subsequently, on October 30, 1969, soon after VW’s acquisition of Subsidiary, Distributor did order 125 air-conditioner units from Subsidiary. In the months immediately following, additional units were sold by Subsidiary to Distributor, but not in the quantity delivered by Calnetics and Delta. From October 1969 through April 1970, Calnetics supplied 1800 units, Delta 1643, and Subsidiary 460. After April 1970, Subsidiary’s sales to Distributor picked up dramatically, and Subsidiary’s total sales to Distributor for 1970 amounted to 2024 units. Delta meanwhile sold a total of 4225 units to Distributor in 1970. In contrast to Delta’s good sales year, Calnetics sold no additional units to Distributor after April 1970.

In viewing the above evidence, the parties take extreme positions. According to defendants VW and Subsidiary, the evidence proves conclusively that Delta alone displaced Calnetics and, thus, no damages whatsoever resulted from the challenged acquisition; plaintiff Calnetics, on the other hand, boldly claims that but for the acquisition it would have sold Distributor 4800 units in 1970 and another 6500 units in 1971.

Distributor’s dissatisfaction with Calnetics’ air conditioners and its reliance on Delta as its primary supplier for 1970 provide evidence that Calnetics was not in any way foreclosed from the Distributor market by a conspiracy among VW, Subsidiary, and Distributor. However, viewing all the evidence in a light most favorable to plaintiff, we cannot say that no reasonable jury could have found at least some damages resulting from the acquisition.

In the first place, a jury could have found that some of Subsidiary’s sales to Distributor for the 1970 and 1971 model years were made only as a result of conspiratorial conduct and were made at the expense of Calnetics. Further, even if a jury were to conclude that Subsidiary did not foreclose Calnetics from the Distributor market in the months immediately following the acquisition, we cannot say that no jury could have found an unlawful foreclosure commencing at a later time. The fact, if it is a fact, that the alleged foreclosure here may not have taken effect until after the rehabilitation of Subsidiary or at some other time does not bar a claim for damages for the “postponed” foreclosure. Cf. United States v. E. I. duPontdu Pont [sic] de Nemours & Co., 353 U.S. 586, 597, 77 S.Ct. 872, 879, 1 L.Ed.2d 1057, 1069 (1957). Of course, damages must be calculated from the time the foreclosure commenced rather than from the time of acquisition.

As for plaintiff’s claim that it would have sold 4800 units to Distributor in 1970 and 6500 in 1971, on retrial plaintiff’s recovery, if any, must be limited to damages suffered as a result of sales lost to the alleged coconspirator-supplier (Subsidiary). Calnetics alleges that but for the conspiracy it would have sold Distributor about 3000 more units in 1970 than it actually sold. This is obviously wrong, because Subsidiary’s total sales to Distributor in 1970 amounted to only 2024 units. Assuming arguendo that Calnetics can prove a conspiracy in restraint of trade which resulted


text: Page:The Chace - Somervile (1735).djvu/37


text:
Page:The lay of the Nibelungs; (IA nibelungslay00hortrich).pdf/378

300

This famous pair of warriors asunder then withdrew,

Hagen, the lord of Tronjé, and noble Dietrich, too.

Whereon across his shoulder look’d Gunther’s man around

In hope to see a comrade, whom in a trice he found;

For there Sir Volker standing by Giselher he saw;

He begg’d that cunning minstrel aside with him to draw,

For well was he acquainted with his unyielding mood.

In sooth, he was in all points a warrior bold and good.

They left the lords together standing in the courtyard.

’Twas seen how they twain only, and not another, fared

Across the court wide-stretching before a palace great;

Those chosen men of valour had fear of no man’s hate.

They sat upon a settle against the palace front,

Hard by a hall which Kriemhild herself to use was wont.

Brightly upon their bodies their noble raiment shone,

And plenty who beheld them would gladly them have known.

Like wild beasts of the forest those haughty heroes then

Were gaped upon and gazed at by all the Hunnish men.

The wife of Etzel spied them athwart a window-pane:

Whereby the fair Kriemhilda was sorely grieved again.


text:
Page:The Incas of Peru.djvu/461

Rh * Bombon, Huascar's army defeated at, 246
 * Borja, Juan Henriquez de. See Loyola
 * Braganza, Duchess of: first part of the royal commentaries dedicated to, 279
 * Breastplates of gold, with the calendar, 119; description, 120 Bridges, 320
 * Brinton, Dr.: opinion on the origin of Peruvian civilisation, 31
 * Buddleia coriacea, Ccolli tree, 22 n.
 * Buddleia Incana, Quisuar tree, 22 n.
 * Buenaventura, Garcilasso de la Vega sent to conquer land round, 262

3em
 * , Pedro Lopez de, 275
 * Cacha, temple, 36, 319; described by Garcilasso de la Vega and by Squier, 319
 * Cahua Ticlla, princess in charge of Curi Coyllur, 242, 245, 246
 * Calancha, Prior of the Augustine monks in Peru, his 'Coronica Moralizada,' 11; value of his work, 11; his names of stars, 117; correct names of months, 118; religion of the Chimu, 216; on the coast language called Sec, 220; gives the will of Leguisamo, 299
 * Calca, Huascar receives Atahualpa's envoys at, 245
 * Calceolarias, 80
 * Calendar: solar observations, 115; on golden breastplates, 119, 120. See names of months and intercalary days
 * Calis Puquio, 133
 * Calisaya, 157
 * Callao, v, vi, 229
 * Camana, coast valley, 239
 * Campas Indians, 196
 * Camay, month, Jan.–Feb., 118, 134
 * Canahuisas, diviners, 108
 * Canas, tribe, 186
 * Cañari, executioner of the Inca Tupac Amaru, 294
 * Cañaris, conquest of, 93, 182
 * Canchaguayo. See Ucayali
 * Canchis tribe, 80
 * Canchu, a diviner, 108
 * Candia, Pedro de : his son a schoolfellow of Inca Garcilasso, 265
 * Cañete (or Huarcu), peopled by Yauyos, 180, 227; irrigation, 237, 275; Marquis of, 273. See Mendoza
 * Cantaray, month when Chicha is brewed, Nov.–Dec., 118
 * Cantut, a flower (phlox), 80
 * Caparo Muñiz: museum at Cuzco, 320
 * Capparis crotonoides, tree in the northern coast valleys, called Vichaya, 205
 * Caquia Saquis-ahuana, fortified palace overlooking Pissac, to which Inca Uira-cocha fled, 84, 89, 90
 * Carangues Bay, Alvarado landed in, 262
 * Caravaya, visit of the author to the montaña of, ix; Chinchona flowers used for fevers, 157; source of wealth to the Incas, 197
 * Caravayllo, coast valley, 227
 * Carbajal, lieutenant of Gonzalo Pizarro: cruelties of, 269
 * Carlisle, Lord : introduction to Mr. Prescott from, vii
 * Carlos Inca, son of Paullu living at the Colcampata, 256, 261, 286; schoolfellow of Inca Garcilasso, 265; married to Maria de Esquivel, 287; knew the secret of the hidden treasure, 288; baptism of his son Melchior Carlos, 290; lawlessly driven out of the Colcampata, 294; banishment and death, 297
 * Carrera, Fernando de, cura of Reque: his grammar of the Chimu language called by him yunca, 219; extreme rarity of his work, 220; edition by Gonzalez de la Rosa, 220. See

title: Page:The Incas of Peru.djvu/461


text:
Page:Aratus The Phenomena and Diosemeia.pdf/35

1. . Orion was a giant figure in the attitude of ascending. He wore a belt and sword. In one hand he bore a club, in the other probably a hunter's bag. His head was bent backward between his shoulders, so as to exhibit his face. It may here be remarked, that all the human figures on the ancient sphere were pourtrayed with their backs to the spectator, and their faces turned more or less to view. The most northern star on the belt of Orion lies on the equator. This constellation has two stars of the first magnitude: RIGEL on the left foot, and on the right shoulder; and three of second magnitude. Three small stars on the head of Orion are called, and hence the constellation itself sometimes bears the name of. These stars were of great importance with the astronomers of Babylon, rising in their latitude with the Sun on the summer solstice.

2. . In this constellation is the star. The ancients imagined that the heat of the Sun when in Cancer and Leo was greatly augmented by the additional influence of and other large stars that lie in or near these constellations:


text:
Page:The Incas of Peru.djvu/462

420 * Humboldt, Ternaux Compans, Villar, Middendorf
 * Carrillo, saved Loyola's life, 293. See Soto
 * Casma, coast valley, 208
 * Cassana, palace, at Cuzco, 269
 * Castilla, Maria de. See Loaysa
 * Castro, Lope Garcia de, 276
 * Catacaos, peculiar language at, 220
 * Catalina, Maria Usica. See Paullu
 * Catari, Oliva's informant respecting an underground Tiahuanacu, 24; his ancient name of Tiahuanacu, 29 n.
 * Catu, or market, 263
 * Cauca valley : service of Cieza de Leon in, 2
 * Cauqui, dialect of the Yauyos, 180, 311
 * Cavillaca, goddess in Huarochiri, 230–4
 * Caviñas, 80
 * Caxamarca conquered by the Incas, 92, 93, 173, 182; Pizarro at, 225; Huascar's general defeated at, 246; murder of Atahualpa, 251; retribution at, 253
 * Cayara, a Quichua stronghold, 174
 * Cayto Marca, submits to the Inca, 65
 * Ccamantira, singing-bird, 82
 * Ccapac, meaning of the word, 43
 * Ccapac Apu, viceroy, 163
 * Ccapac Cocha, human sacrifice, 108
 * Ccapac Raymi, month, Dec.–Jan., 118, 125
 * Ccapac Situa, month, Aug.–Sept., 118, 125
 * Ccapac-tocco, window at Paccari-tampu, 49, 51, 52
 * Ccapac Yupanqui, 56
 * Ccenti, humming-bird, 82
 * Ccolli (Buddleia coriacea), a tree, 22, 80
 * Cconi Rayac, attribute of the deity in the Huarochiri myths, 231
 * Ccoya or Queen: portraits by Huaman Poma, 17. See Anahuarqui, 92; Chuqui Urpay, 244; Cusi Huarcay, 274; Mama Cusimiray, 241 ; Micay, 68; Mama Ocllo, 94; Mama Rahua, 241; Mama Runtu, 241; Tocta Cuca, 241
 * Ccoya Raymi, Sept.–Oct., 118
 * Ccuri-cancha. See Inti-cancha
 * Ccuri-chulpa, concubine of Uira-cocha Inca, 77, 83
 * Ccuri Vincha, golden garlands of Virgins, 107
 * Centeno, Diego : arrival at Cuzco, 267; defeated at Huarina, 268
 * Centeno, Caspar, schoolfellow of the Inca Garcilasso, 265
 * Centeno, Señora : museum once at Cuzco, now at Berlin, 320
 * Cervantes, Bartolome: gave Catari's statement to Oliva, 24
 * Ceterni, wife of Naymlap (whom see)
 * Chachapoyas, 33, 93, 198; Jesuit mission at, date of 'anonymous Jesuit' (Valera) fixed by date of abandonment of, 304
 * Chahuar Quiz, month, July–August, 118, 124
 * Chalco Yupanqui, led a column to invade the montaña from Pilcopata, 196, 197
 * Chalcuchima, a Quito general, second in command of Atahualpa's army, 247, 250; met his deserts, 251, 266
 * Champi or battle-axe, 122
 * Chañan-ccuri-coca, a valiant lady who defended Cuzco against the Chancas, 85
 * Chancas Confederacy, 83, 161; founders, chiefs, resolution to subdue the Incas, 83; flight of Inca Uira-cocha, 84; defeat of the invaders, 86, 87; final overthrow, 88, 89; formed a contingent of the Inca army, 92; their country, 174; in the army of Pachacuti: their flight, 178, 198
 * Chancay, coast valley, 206
 * Chanquiri, a crow, 86

title: Page:The Incas of Peru.djvu/462


text:
Page:New Peterson magazine 1859 Vol. XXXV.pdf/128

 FLIRTING IN EARNEST.

BY

B. W. DEWEES.

One bright, sunny, June morning, not many years ago, Nellie Maybee, a pretty, lively girl of eighteen, and the somewhat spoiled, only daughter of widower Maybee, was summoned before the paternal judgment bar, and the verdict being “guilty of paleness, want of appetite, and hard flirting,” she was sentenced to banishment among the green hills of Vermont, for a time expiring at the judge’s pleasure. In vain the fair culprit plead for an extenuation of the sentence, or even for a delay in its execution; in vain she urged that important business required her longer presence in Boston. For this business, on cross-questioning by the learned judge, proved to be only the completion of two flirtations. “One at such an interesting stage— just got as far as rose-buds—the other long past forget-me-nots, and within a few days of proposal point”—(so this saucy little flirt stated the case)—“and she did not see how her dear, indulgent papa could be so hard-hearted as to destroy all her innocent amusements so, indeed she did not.”

But the judge was firm; stern was his reiteration of the charge of hard flirting, and his determination to send her where this amusement would be impossible—to the plain farm house of one of his early friends.

Nellie was obliged to submit, but she took her honest, feminine revenge in sundry spiteful speeches, suoh as—“She should like to know when the law was made that girls shouldn’t flirt: for her part, she could not help flirting. It was a pretty girl’s normal state—it was a natural instinct, like hunting and fishing with men. And he should see all his crossness should not stop it—she would flirt still up in down East, even if it had to be with the bob-o’-links and tom¬tits.”

That Mr. Maybee was a man of nerve and indomitable firmness, is proved by the fact that Nellie, within a week, was immured in the desert social of farmer Wilson’s farm.

Mr. Wilson was, as I have said, an early friend of Mr. Moybee’s, they having been raised on neighboring farms; but while the latter, like most New England boys, had gone to the city, and won himself a name and fortune there, the former, with an old-fashioned easiness of temper, very unusual now-a-days, had settled down on the old homestead after he had got his schooling. It will very naturally be concluded, that Nel- lie found these good people, though worthy, rather slow. She sadly missed the various ex- s citements and amusements of town life, and found the only compliment she had as yet re- i ceived, farmer Wilson’s well meant remark, that “She was a fine, likely gal enough”—rather meagre fare after the feast of sweets to which her pampered palate had been accustomed. Besides, the sudden stoppage of all the delicate and complicated machinery by which flirtations are carried on, (for absolute want of grist to put in the mill,) occasioned a great jar among the mental wheels, followed by a fearful vacuum. She found herself in Othello’s admired situation with regard to occupation, but with no one to admire, or even pity her.

In time, however, being blessed with a fine flow of animal spirits, and being, with all her vanities, not quite without a soul, she was just learning to lift her eyes in reverent admiration to the beautiful hills among which she was dwelling—beginning to acquire a new sense, so to speak, that of the appreciation of the charms of nature—when presto! all these newly-acquired faculties were dissipated, and the natural instincts reinstated, as in the case of the metamorphosed cat in the fable, by the unexpected appearance of a legitimate object of the chose— I mean, that she one day chanced to catch a glimpse of a tall, handsome man as he bounded over a fence at the back of the house, and then entered rather stealthily by the side door. He was sun-browned, indeed, and clad in simple, country fashion; but, that he was no mere country clown, even the most hasty glance attested. His features were delicate and refined, and his noble brow bore the stamp of intellect. Nellie decided at once that he was worthy to be looked after, and immediately instituted inquiries as to who, and what he was. Judge of her surprise on being told that he was, and had been from the first, an inmate of the same house with herself He was the son of her host, but from excessive timidity, or rather bashfulness, s the country-bred youth had preferred to take all his meals by himself, and to skulk in and out

123


text: Page:Political History of Ancient India, from the accession of Parikshit to the extinction of the Gupta dynasty.pdf/6


text:
Page:Midland naturalist (IA midlandnaturalis01lond).pdf/180

The arrangements for the forthcoming Meeting of the Members of the Societies in the Union are so far made that we are enabled to publish the following particulars:—

On Monday, May 27th, the Annual Meeting of the Union will be held in the Theatre of the Midland Institute, Paradise Street, Birmingham, at three o'clock precisely, under the presidency of Mr. Edmund Tonks, B.C.L, President of the Birmingham Natural Hstory and Microscopical Society. The business of that Meeting will be to receive the Report of the Council; to decide where the Annual Meeting in 1879 shall be held; to consider any suggestions which Members may offer; to discuss Joint Excursions daring the coming year; and to transact all other necessary business.

In the evening, af half-past seven o'clock, a Conversazione will he held in the Town Hall, the arrangements for which are entrusted to a Committee, consisting of Members of the following Societies, namely:—

The Birmingham Natural History and Microscopical Society,

The Birmingham Philosophical Society,

The Birmingham and Midland Institute Scientific Society, and

The Birmingham School Natural History Society,

Every effort will be made to provide an Exhibition of objects of Scientific interest, Natural History, Archæology, and Art, worthy of the Union and the town in which its First Annual Meeting will be held. Members of Societies in the Union willing to contribute Specimens or to exhibit or lend Microscopes will oblige by at once communicating to Mr. John Morley, 24, Sherborne Road, Birmingham, Hon. Sec. to the Conversazione Sub-Committee. The charge for admission to the Conversazione (including Refreshments) will be 2s. 6d. Morning Dress.

On the following day, Tuesday, May 28th, there will be an Excursion to Dudley and the neighbourhood, under the auspices of the Dudley and Midland Geological and Scientific Society and Field Club, which it is hoped will include visits to

1. —Open Coal Work at Foxyards.

2. —Wren's Nest.

3. —The Priory Ruins and Castle, and also to the Caverns, if considered safe.

4. —Lye Cross Pits.

All by special permission of Mr. E. Fisher Smith, on behalf of the Right Hon. the Earl of Dudley.

Arrangements will be made to meet the wishes of Visitors who may desire to meet some of the leading Birmingham manufactories.

As the success of the Conversazione and Excursion will very much depend on ample arrangements being made for the accommodation of Visitors from a distance, and as it will be impossible to make those arrangements without knowing the number who will be present, the Secretaries of the Societies in the Union are earnestly urged to bring these particulars before their Members at the earliest possible moment, and to ascertain what number will require tickers which should be applied for as soon as practicable, but under no circumstances later than, the 21st day of May. Applications for tickets must be addressed to Mr. Edw. W. Badger, Midland Counties Herald Office, Birmingham,

Members may secure Tickets for friends not Members of the Union.

At the earliest possible moment the detailed Programme will be issued to the Secretaries of all the Societies in the Union, for distribution among the Members. If special Railway facilities for Members and Friends coming from a distance can be secured full information will be given in the detailed Programme,


text: Page:Political History of Ancient India, from the accession of Parikshit to the extinction of the Gupta dynasty.pdf/16


text:
Page:Boris Zakharovich Shumyatsky - The Aims of the Bolsheviki (1919).djvu/13

 (November) Revolution, the real People's Revolution. By this Revolution they created their own workers' and peasants' power, the power of the Soviets, which have given them land and freedom.

The Bolshevik party, ever since the February (March) Revolution, had expressed that view on the land question which ultimately prevailed. It had advised the peasants to organise themselves into local soviets, to seize the land without further delay, and on no account to tolerate destruction of property, but on the contrary to make the greatest efforts to increase the production of corn and other agricultural products, as our soldiers, who at that time were still fighting for the capitalists on the different fronts, were suffering from shortage of bread. The Bolsheviki realised that, in order to give all the land to the workers, a close union between the town and village workers was essential. Without such a union it is impossible, they said, to overthrow the capitalists, for unless they are at once deprived of their power, no transference of the land to the workers will save the people from beggary. One cannot eat the land, and without money, without capital, one cannot get implements, seeds and cattle. The peasants must not put their trust in the capitalists and rich moujiks (who are also capitalists), but only in the town workers. It is only by a close union between them and the poorest peasants that the land, the railways, the banks and the factories will become the property of all the workers, and, failing this, the mere transference of the land to the people will not do away with want and poverty.

At the present time, the people have already initiated such organised transference of estates, factories, workshops and mines to their lawful owners. It is true that the process is yet only in its initial stages. Only the first step has been taken, called Nationalisation, namely, the transference of the whole economy into the hands


text: Page:Political History of Ancient India, from the accession of Parikshit to the extinction of the Gupta dynasty.pdf/22