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Page:Everywoman's World, Volume 7, Number 7.djvu/27

JULY 1917

DISTINGUISHED Scotchman said once. "Whenever I hear of a great man I always ask who his mother was." Sometimes it is equally wise to ask who his wife was, for wives have exercised a wonderful influence over great men's lives. Mrs. Gladstone's undying conviction that nobody but William could make the world go round, led Mr. Gladstone to do his best not to fall below his wife's ideal.

Dr. Lyman Abbott, in his "Reminiscences," says that for fifty years his wife was the best part of him. She inspired him to do his best, and encouraged him when he seemed doomed to failure. Even after she had passed away out of the shadow into the perfect light he could say, "I do not think her dead, nor have I lost her companionship. Her ambition for me keeps me young at seventy-eight; her faith in me still inspires me with faith in myself."

It is said that very few bachelors ever attain greatness. Mr. Arthur J. Balfour is believed to be lacking in nothing but a wife, but this is so serious a defect that he is likely to go down in history as the Great Indolent Arthur, who needed a wife to inspire him to something more than books and golf.

In the "Life and Letters of Sir Charles Tupper," edited by Dr. Saunders, the father of the author of "Beautiful Joe," we have a touching testimony from one of the greatest of Canadian statesmen as to the inspiring influence of his wife in making him what he was. At a great banquet at Ottawa, when Sir Charles was at the height of his political glory, he said: "But I am bound to the County of Comberland by a still closer tie than that of birth or political affection. Thirty-seven years ago I took a girl, with the bloom of Cumberland upon her cheeks, to be my wife. Gentlemen, that bloom is on my heart now, for I am only doing justice to my own feelings if I say that if I have been enabled to render my country any service, I owe it in large measure to her wise counsel."

Sir Charles was deeply indebted to his distinguished father, the Reverend Charles Tupper, for getting a good start in life. At seven years old this precocious boy had read the whole Bible aloud to his father. When Dr. Andrew Bonar, the distinguished Scottish divine, for whom Andrew Bonar Law was named, remonstrated laughingly with a woman in his Bible Class who in reading the Scripture lessons had skipped some of the long Hebrew names, she replied, "Is it not better to do so than to misca' the gentlemen?" The seven year old boy, who was destined to make a great name for himself in the world, who was destined to become one of the most distinguished of that group of men who are known to-day as the Fathers of Confederation, as the Makers of Canada, was not allowed to skip any of the hard Bible names, nor was he allowed to misca' the gentlemen.

When Sir Charles was a small boy his father, who was a great linguist and read the Bible in eight languages, started him at Latin, and offered him as a reward a halfpenny for every page in the reader he succeeded in translating correctly. Like his father, he had a marvellously retentive memory, which enabled him to acquire languages readily. When he was eighty-four he and his favourite granddaughter began the study of Italian at Rome, and Sir Charles was not long in learning to read the Italian newspapers, and when Bishop Cameron, of Antigonishe, Nova Scotia, who happened to be in Rome, presented him to the Pope, he was able to address His Holiness in Italian.

Sir Charles had no opportunity of getting a college education, for clergymen in that day, like many of the brethren to-day, were not embarrassed with worldly wealth, but in some way his father succeeded in scraping enough together to send his son to Horton Academy, a famous preparatory school of that day. Judge Longley, in his valuable life of Sir Charles, recently published, refers to a tradition that he eked out his scanty means by working at a shoemaker's bench. It was not long after this that Edward, Prince of Wales, was learning the shoemaker's trade, not to get an education by it, but to make a life, We have no record that when they met, as they did many times in later life, the talked over this common experience of their boyhood, or that they regretted that they had not stuck to their lasts.

ONG ago the story was current in Nova Scotia, especially amongst Dr. Tupper's political opponents, that he, when a young man, had become engaged to marry a girl in Amherst, who furnished him with the money necessary to pursue his medical studies in Edinburgh, but when he returned he jilted her that he might marry the woman be loved.

A good many years later, when Dr. Tupper was a member of the Nova Scotia Legislature, a political opponent twitted him with his infidelity to his first love. If duelling had not gone out of fashion, something tragical might have happened, for Sir Charles was a man of war from his youth. As it was the member of Parliament who made this irritating insinuation was never so bethumped with words since he first called his brother's father, Dad, as the great word-wizard has expressed it in "King John."

Judge Longley refers to this story, and leaves the reader in doubt as to whether there were any truth in it or not. Dr. Saunders quotes Sir Charles as saying that his Uncle Nathan made it possible for him to pursue his medical studies in Edinburgh. It looks as if this statement was made with the express purpose of discrediting the old story which some people have never forgotten.

For about ten years after Dr. Tupper’s marriage with Miss Frances Morse, of Amherst, Nova Scotia, he practised his profession in Cumberland County. During that time he made for himself a great name as a medical man, and his wife made for him a kind of heaven of a home, the thought of which made many a long tiresome journey over rough country roads almost enjoyable. He knew that there was always one waiting and watching for his return and ready to minister to him in the most loving way.

T first this devoted wife was not much in sympathy with her husband's political aspirations. She thought that Sam Slick, the cute Yankee who dealt in wooden clocks and soft sodder, was right in saying that politics, like crowsfoot and whiteweed, flourished too abundantly in Nova Scotia, and that there were cleaner things to handle and pleasanter to smell.

Mrs. Tupper believed that her husband, who was the most skilful medical man in that part of the country, was doing a great work—was engaged in a ministry of healing which had an akinness to the work of the "greatest Man that e'er wore earth about him, the first true Gentleman that ever breathed." But when nomination day came and she, seated at an open window near-by, heard her husband's magnificent speech in reply to Joseph Howe, the popular idol of the people, she experienced a sudden conversion, and from that day entered into his life-work with all the happy inspiration of one who was capable of seeing visions and dreaming dreams.

When the election of 1855 was over and Dr. Tupper had beaten Joseph Howe, the most popular man who ever played a part on the political stage of that Province, the Honourable J. W. Johnstone sent him the following message: "I congratulate you and sympathize with your wife in your triumph." It was not necessary then for any one to sympathise with Mrs. Tupper, for she had caught the political infection and was far more highly elated than the Doctor himself over his victory.

In the life of Sir Charles we find some beautiful revelations of how completely he and his wife were bound up in the bundle of life together. With Goldsmith he could say:

Once when crossing the Atlantic, he dreamed that his wife was dangerously ill. When he reached Liverpool, he wrote to her about the matter, telling her how troubled he was over it, for it seemed something more than a dream. On receiving a letter from home he learned that his wife had been seriously indisposed at the very time he was dreaming about her.

On another occasion, in later life, he dreamed in Paris that Lady Tupper was ill in England, where he had left her in perfect health. He returned at once to find that his dream was true.

Some of the most sympathetic students of psychical phenomena tell us that it is possible for two souls to be so completely in tune with each other that the thoughts and feelings of the one will, under certain circumstances, make an impression upon the other, it matters not how far apart they may be in space. This may be an explanation of Sir Charles' dreams.

The whole story of Sir Charles' wonderful life makes it clear that he made no mistake in marrying the girl he did, with the bloom of Cumberland on her cheeks, and an ever-increasing love in her heart for the man she married, for a happier union was never consummated.

After sixty-six years of married bliss, Lady Tupper passed behind the veil, and Sir Charles, at ninety-one years of age, came voyaging homeward from Bitain with his loved dead, that she might "sleep the sleep that knows not breaking" in the land that was so dear to her.

Three years afterwards, loved ones bore the body of Sir Charles to its last resting-place in Halifax, beside the one who had done so much to make his life a good success.

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PAGE 25

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When you want

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ask for

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They are the standard of excellence in COTTON GOODS. None genuine without the name “HORROCKSES” on the selvedge. ————

orgs =n, im as to the nearest store where procurable,

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oe 301 Se Samar Sts "MONTREAL

rel oN


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 42/A New Species of Chalcis from Borneo

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


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Page:SHL Imaging v. Artisan House.pdf/8

 publicity shots. See In The Waking Dream: Photography’s First Century 339–40 (M. Hambourg, et al. eds, Metropolitan Museum of Art 1993). In 1882, twenty-seven-year-old Oscar Wilde came to the United States at the invitation of theater producer Richard D’Oyle Carte as part of the production of Gilbert & Sullivan’s operetta “Patience,” satirizing Wilde’s “aesthetics” movement. Eager to be in the limelight, Wilde sought out Sarony for a series of publicity photographs to use on his tour of the United States: "Wilde appeared in Sarony’s studio dressed in the attire he would wear at his lectures: a jacket and vest of velvet, silk knee breeches and stockings, and slippers adorned with grosgram bows—the costume he wore as a member of the Apollo Lodge, a Freemason society at Oxford. Sarony took many photographs of Wilde, in a variety of poses. Here, his features not yet bloated by self-indulgence and high-diving, Wilde leans forward toward the viewer as though engaging him in dialogue, the appearance and calculated pose of the dandy secondary to the intelligence and spontaneous charm of conversation."

In The Waking Dream: Photography’s First Century at 339–340.

In all, Sarony took more than twenty photographs of Wilde and registered them with the Copyright Office. Defendant Burrow-Giles, a lithographer, sold a staggering 85,000 copies of one of Sarony’s photographs, “Oscar Wilde No. 18,” without Sarony’s permission. See Burrow-Giles, 111 U.S. at 54, 4 S.Ct. at 279. Because substantial similarity was not an issue, Burrow-Giles mounted a direct constitutional attack on Congress’s authority to protect any photograph. Burrow-Giles asserted that “writings” under the Constitution were limited to literary productions and that photographs did not involve authorship since they were the result of a mechanical process. See Burrow-Giles, 111 U.S. at 55, 4 S.Ct. at 280. Only the latter argument is relevant to this case.

Burrow-Giles argued that photographs were “the mere mechanical reproduction of the physical features or outlines of some object, animate or inanimate, and involve[ ] no originality of thought or any novelty in the intellectual operation connected with its visible reproduction in [the] shape of a picture.” Burrow-Giles, 111 U.S. at 59, 4 S.Ct. at 281. Once the image was captured on the photographic plate, the resulting photograph followed mechanically and inevitably. The Supreme Court did not reject Burrow-Giles’ attack entirely, observing that a lack of originality may be “true in regard to the ordinary production of a photograph …. [I]n such a case a copyright is no protection.” Burrow-Giles, 111 U.S. at 59, 4 S.Ct. at 282. However, the Court found that Sarony’s “Oscar Wilde No. 18” was no “ordinary” photograph and that Sarony was an author based on the trial court’s findings that a photograph was a: "new, harmonious … and graceful picture, … that plaintiff made … entirely from his own mental conception, to which he gave visible form by posing the said Oscar Wilde in front of the camera, selecting and arranging the costume, draperies, and other various accessories in said photograph, arranging the subject so as to present graceful outlines, arranging and disposing the light and shade, suggesting and evoking the desired expression, and from such disposition, arrangement, or representation, made entirely by plaintiff, he produced the picture in suit."

Burrow-Giles, 111 U.S. at 60, 4 S.Ct. at 282.

Two general principles emerge from Burrow-Giles. First, an author is someone who creates the work himself, i.e., does not copy it from someone else. Second, an author must imbue the work with a visible form that results from creative choices. In the case of Oscar Wilde No. 18, these creative choices included the particular pose (the unique features of which are recounted above in the quotation from

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Page:Journal of the Straits Branch of the Royal Asiatic Society (IA journalofstra85861922roya).pdf/178

 THE GOVERNMENT OF THE STRAITS SETTLEMENTS.

Promises to pay the bearer on demand at Singapore.

TEN CENTS.

Local Currency for Value received.

The above with the exception of the words "Ten Cents" (which are in black) is in green.

In the left hand top corner appears within a black circle "10 Cents." In the left hand bottom corner "Ten cents" in Chinese and to the right of that the serial number of the note; below the main inscription and to the right the signature of the Treasurer and the word "Treasurer": in the right hand bottom corner "10 cents" in Tamil and in the right hand top comer "Ten cents" in Malay: all the above is in black.

On the back of the note is a decorative design of scroll work: in the centre a representation of a ten cent Treasury Revenue embossed stamp cancellation: all in red.

The first issue was made on October 8th, 1917 and bore the signature of the Hon. Mr. Hayes Marriott then acting Treasurer [Pl. I. figs. 1 and 2.]: later. the issue starting on January 2nd, 1919. the notes bore the signature of the Hon. Mr. A. M. Pountney, , the Treasurer of the Straits Settlements. [Pl. II. fig. 3].

Very large numbers of these notes were put into circulation and the value of those issued by September 22nd, 1920 was $1,925,484. 80 cents.

On April 22nd, 1920 a new Ten Cent note made its appearance: they were on proper India paper and were engraved in London by the well known London firm of Messrs. Thomas de la Rue and Co., Ltd. They measured about 108 x 63 mm, and were of a handsome and artistic design. [Pl. III. figs. 4 and 5].

A pale olive green border, containing the value in white in English, Chinese, Tamil and Malay, surrounded a handsome scroll work background of pale brown over which, in pink, stands a representation of the Royal Arms and the words:—


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 THE GOVERNMENT OF THE STRAITS SETTLEMENTS.

Promises to pay the bearer on demand at Singapore.

TEN 10 CENTS.

Local Currency for Value received.

The serial number appears in black at the two top corners of the note.

On the back of the note appears the representation of a dragon in white and pale green and the value in English, Chinese, Tamil and Malay in the four corners.

By September 22nd, 1920 the value of these notes issued was $680,000. The locally manufactured ten cent notes were extensively counterfeited and a great many of these forgeries circulated side by side with the genuine ones.

On January 21st, 1918 an issue of Twenty-five cent notes commenced. These were prepared at the Government Survey Office at Kuala Lumpur, Federated Malay States. (Pl. IV. figs. 6 and 7). The value of these notes in circulation by September 22nd, 1920 was $39,825. I was recently informed that these twenty-five cent notes were being withdrawn from circulation as occasion permitted.

The twenty-five cent note was a better looking production than the local ten cent paper currency. They measured about 108 × 75 mm. The material was a fairly thin white paper closely striped with narrow perpendicular pale pink lines. On the face was first printed an elaborate ornamental design (in orange) and outside this (in black) a border of heavy spandrels with the figures "25" in white in a black circle at the top corner and "Cts" in similar circles. at the bottom corners: midway on the right, and left and at the bottom, in Tamil, Malay and Chinese respectively and in black on white scrolls "25 Cents." Over the orange pattern and printed in black:


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Page:The Lady's Realm v 6 1899.pdf/412

 {|
 * ANDBY FRANCIS COUNT LÜTZOW.|||
 * }

OHEMIA has at all periods been a land of ghosts and “spirits.” With the intuition of genius, George Sand, who never visited the country, has, in her “Consuelo,” and “Comtesse de Rudolstadt,” described many of the ancient legends and traditions of the country, and the weird visions which appeared to the mysterious inhabitants of subterranean caverns and dungeons.

The north-eastern districts of Bohemia, in which the castles and ruins of Zampach, Brandeis, Litic, Pottenstein, and many others, are situated, are particularly rich in these romantic traditions. This is especially the case as regards the old ruins on the top of the volcano-like hill of Zampach. The ruins, indeed, have, in the present century, almost disappeared, but the hill is still, because of old associations, visited (not altogether to the delight of the proprietors) by countless tourists, who carefully examine the scanty fragments of masonry that still remain. Intimately connected with these ruins is the memory of John of Smoyno, known to the Bohemians as “Pancír” (the man in armour), from his custom of always appearing in full armour.

John of Smoyno was only one of the many robber-knights who then terrified the north-eastern districts of Bohemia, but his fame has remained exceptional. When King Charles I. of Bohemia, better known as the German Emperor Charles IV., started on an expedition against the robber-knights of north-eastern Bohemia, it was Zampach, the stronghold of the redoubtable Pancír, that was first attacked by the Royal forces. The situation of Zampach, which has already been noted, rendered the siege a difficult undertaking. The King’s forces were detained a considerable time before the castle, and the spot near the village of Pisecna where the King’s tent stood is still pointed out. Hunger at last forced Zampach to submit, and the Pancír surrendered unconditionally to his King. The depredations committed by John of Smoyno so incensed the King that he gave immediate orders that the Pancír should be hanged. The spot is still shown where the execution took place, and the peasants even—no doubt incorrectly—point out the tree to which the Pancír was hanged. The story of the Pancír, historical in its main points, soon became legendary. His gigantic sword is still shown in the house of the parish priest at Pisecna, and a portrait, obviously belonging to a later period, is pointed out as that of the Pancír in the same place.

The castle of Zampach was destroyed by order of Charles, though apparently not entirely, for as late as the beginning of the present century we read that the vast ruins were used as a quarry for building purposes by the inhabitants of the modern village of Zampach, which is situated at the foot of the hill. But the old castle was never re-built, and quaint legends gathered round the deserted spot. One of these refers to the “Devil’s Bridge.” We are told that one of the lords of Zampach was inspired with guilty love for the fair châtelaine of the neighbouring castle of Landsberg. According to the legend, which is by no means in accordance with the present topographical condition of the country, deep ravines then separated the neighbouring castles. But the devil, ever eager to assist sinners, in one night built a long bridge for the lovers—that is to say, the long-stretching hill known to my English visitors as “The Ridge,” which nearly, though not quite, connects Zampach with Landsberg. From that day the two castles were doomed to ruin. Zampach was destroyed in the manner already mentioned; Landsberg also, we are told, was taken by assault and destroyed shortly after the erection of the Devil’s Bridge.

While, as already mentioned, the castle on

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Page:Journal of the Straits Branch of the Royal Asiatic Society (IA journalofstra85861922roya).pdf/180

 THE GOVERNMENT OF THE STRAITS SETTLEMENTS.

Promises to pay the bearer on demand at Singapore.

TWENTY FIVE CENTS.

Local Currency for Value received.

On the back of the note appears in black the representation of a tiger standing amongst long grass super-imposed upon a decorative orange coloured background in the upper corners of which are, in white, the figures "25" and in the lower corners also in white "Cts."

The issue of notes undoubtedly saved the situation but, even so, small change was often a great difficulty and postage stamps and tramway tickets were sometimes offered.

I heard of Chinese Towkays up-country utilizing notes and vouchers or "good-fors" of their own, and a number of tokens or tallies, (some of which are described in this Article) made their appearance in different localities.

In 1919 a large quantity of debased 5, 10, and, I understand, some 20 cent silver pieces were issued for currency in British Malaya from the Indian Mints; in 1919 to the value of $950,000 and in 1920, up to about the middle of March, $950,000 worth. I am informed that during this period no 50 cent or dollar pieces were received from the Indian Mints. Even of this debased coinage I believe a considerable quantity found its way to the China coast being utilized there as currency in place of that of higher intrinsic value which disappeared into the melting pot. I do not describe these, as, except for the fact that they were of very low silver fineness, they appeared to be similar to the former Georgian coins of like denomination.

The following is a short account of some of the coins and tokens which have come under my notice:—


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1. One cent: minted at the Calcutta Royal Mint: made of bronze: a square shaped coin with rounded corners: size across 21.3 mm. Plain edge.

Obv. Crowned head and bust of King George to left; a dot below: legend on left, above and right "GEORGE V KING AND EMPEROR OF INDIA.

Rev. Within an interior beaded circle the figure "1" over the word "CENT": outside this circle and within another similar circle the legend "STRAITS SETTLEMENTS" (rosace) 1920 (rosace)." [Pl. II. figs. 8 and 9.] Up to the 22nd September, 1920 there had been received in the Straits Settlements Treasury, cents of this type to the value of $576,650.

2. Five cents: made of nickel: circular diameter 20 mm.: plain edge.

Obv. Crowned head and bust of King George to left. Legend around "GEORGE KING AND EMPEROR OF INDIA,” [Pl. II. figs. 10 and 11].

Rev. Within a beaded interior circle the figure "5": around and outside the circle the legend "STRAITS SETTLEMENTS," above; and, below, "FIVE CENTS 1920."

I received specimens of this coin in January, 1921. These coins were struck at both the Calcutta and Bombay Mints: the coins first. issued for circulation (and the one above described) emanated from the latter: none having been despatched from the former Mint by January 24th, 1921. I am indebted for this information to the Authorities at His Majesty's Mint, Calcutta.

In August, 1920, 1 heard that the Singapore Harbour Board had issued tokens for use within their very extensive premises covering the long line of docks which serve the Port. The result of my enquiries was that the Chairman very kindly gave me specimens of the denominations then in use and in January, 1921, was good enough to let me have examples of a new issue. These may be described thus:—

1. One cent: made of tin: diameter 34 mm.: a circular coin punched on one side only, the other side being plain. [Pl. II. fig. 12].

Obv. Within a small central circle the figure "1"; outside and within another circle the letters "S H B." These letters are the initial letters of the Singapore Harbour Board.

Rev. Plain.


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 2. Half-cent: made of tin: diameter 24 mm.: a circular coin punched on one side only, the other side being plain. [Pl. II. fig. 13].

Obv. Within a small central circle the figures "$1⁄2$"; outside and within another circle the letters "S H B."

Rev. Plain.

3. One cent: made of tin: diameter 28.5 mm.; a circular coin punched on one side only, the other side being plain. [PI. III. fig. 14].

Obv. Within a garter, the arms of the Singapore Harbour Board consisting of a lion "passant" to left standing on a castle, the whole surmounting a diamond shaped lozenge enclosing a three-armed ornament each arm containing a crown. On the left is a large figure "1" and on the right the word in small lettering "cent." Around and within the riband of the garter the legend "THE SINGAPORE HARBOUR BOARD."

Rev. Plain.

4. Half-cent: similar to the One cent but smaller: diameter 26 mm. The only difference is that the figures "$1⁄2$" replace the figure "1" [Pl. III. fig. 15].

5. Quarter cent: similar to the half-cent but smaller: diameter 22.5 mm. The figures "$1⁄4$" replace the figures "$1⁄2$" [Pl. III. fig. 16].

I am informed that the punches from which the first issue was struck were made locally at Singapore and the tokens struck locally. They are somewhat rough productions.

For the second issue, however, the dies or punches were manufactured at the Royal Mint at Bangkok, Siam, and are of a high standard of excellence: the tokens for current use were, I understand, struck locally at Singapore and, whether from the use of insufficient pressure, hasty work or other cause, the impression produced does not bring out all the detail of the design in those which I have examined: for example, the impression of the diamond-shaped lozenge is very faint; whilst of the three armed ornament and the three crowns there is hardly any trace. On the other hand I have seen proofs of No. 3 in copper and in some white metal which, carefully and properly struck, show every detail perfectly. I therefore add these proofs to the list.

6. Proof in copper of No. 3: fine work.

7. Proof in hard white metal of No. 3: fine work.

These tokens can hardly be regarded as currency even in a restricted area as they are strictly only intended to be used for the purpose of immediate payment to coolies (by way of tallies really) for services such as carrying baskets of coal or parcels of merchandise to and from ships: the tokens are redeemable at depôts on the


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Page:Operation Crossroads 1946.pdf/53

 Film Badges

Two types of film badges were used at CROSSROADS. One type, called a personnel or mission badge, had a range from 0 to 2 R. Badges were issued to some of the men about to enter possibly radioactive areas and most badges were worn for 2 or 3 days, and a few worn for as long as 9 days have been noted. Each badge contained a piece of Kodak Type X double-coat film in a dental film packet holder. Strips of lead were crossed over the film at right angles, leaving the film's corners without lead covering. Each badge was sealed in a tropical weather-proof envelope to protect it against the hot, humid Bikini climate (Reference C.0.5, p. 2-2).

The badges were designed to measure both beta and gamma exposure, but the beta readings obtained and recorded are now considered questionable (Reference C.13.2). There are several reasons for this. One is that the response of the double-coated film dosimeter emulsions depends on the energy of the beta particles they are exposed to. Unless additional thin metal foils are used over the films to filter or sort the beta radiation into known energy groups, or unless the energy distribution of the beta radiation is otherwise known, very large errors in interpreting the film darkening can result. There also appear to have been some incorrect assumptions made concerning whether gamma as well as beta would darken the unfiltered areas (Reference C.13.2). Despite the doubtfulness of the validity of the beta readings, the values as originally assigned have been accepted and used in total dose assignment in the NTPR program (Reference C.13.2).

After a badge was returned to the Radsafe Section, the photometrists of the Radiological Safety Technical Service Units developed the film in it, and measured the film's optical density. This was a measure of the amount of radiation to which the film had been exposed. The film number, the wearer's last name, and the exposure date and time were written on a line on the left-hand page of an open ledger book of the type then widely used by Federal agencies. Sometimes the individual's first name, initials, or rank were written in. Sometimes the name of the ship where he was quartered or, more often, the target ship on which he had worked that day was entered. If the badge had been used on an island or ship as a radiation recorder, the location information was recorded instead of a person's name. Optical densities under the lead cross and on the corners of the badge were entered on the right-hand page. The radiation exposure was calculated from these densities and recoded as the final beta and gamma readings at the page's far right. Years later, the pages were removed from the ledgers and microfilmed. Information from badges work during September, October, November, and December of 1946 was recorded on large (5- x 8-inch) cards for each individual.

Neither the detached pages nor the microfilm is easy to work with. The penmanship of the radsafe staff is not always legible, and incomplete identification of the badge wearers and inconsistent ship identifiers are additional problems. In 1968 the Reynolds Electrical and Engineering Company (REECo) transferred the information from the ledgers to a computer data base, allowing easier manipulation and analysis of the material. The REECo list is used as the basis of the personnel exposure in this report.

48

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 premises of the Singapore Harbour Board for ordinary coinage or notes current in British Malaya. I was informed that they were not issued under any Government authority.

In August, 1920 1 was asked by the world-wide known numismatist Mr. J. P. Moquette if I had heard of an issue of tokens from this place: a small island lying about seven miles from Singapore. It is British territory and there is situated an important oil depôt of the Asiatic Petroleum Company.

I made enquiries from the Manager of the Company who very courteously sent me specimens of the tokens which the Company had issued for Island use. I subsequently had the opportunity of seeing several more examples. The following is a description.

1. One cent: made of tin: diameter 29 mm,; a circular coin punched on one side only; the other side being plain. [Pl. V. fig. 17].

Obv. Within a small central circle the figure "1": outside and within another another circle the letters "P. BUKOM." The letter "P" stands for the word "Pulau" which is Malay for "Island."

Rev. Plain.

2. Half cent: made of tin: diameter 19 mim.: a circular coin punched on one side only; the other side being plain. [Pl. V. fig. 18].

Obv. Within a small central circle the figures "$1⁄2$": outside and within another circle the letters "P. BUKOM."

Rev. Plain.

I was informed that these tokens were not issued under any Government authority.

In the early part of 1920 my attention was drawn to some tokens apparently emanating from this Island which is a Dutch possession situated about ten miles from Singapore. Large oil depôts are maintained at this place. I accordingly wrote in April of that year to the Official in charge of the Island asking for information about the issue. I received an obliging reply the interesting portion of which reads:—

"Owing to the shortage of copper coins, I was compelled to introduce tokens at this place because a lot of work done by coolies here is paid cash on the spot.

"The token has therefore no value as "currency" but a token represents the value of one Straits Settlements cent; and these tokens can only be used on the Island of Pulo Samboe and then only for the Companies' business."


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 Mr. Moquette kindly informed me in August, 1920 that the Dutch Government had already, by that date, forbidden the further use of these tokens. I had, however, the opportunity of examining about thirty: the following account gives a short description of them.

1. One cent; made of tin: diameter 29 mm.: a circular coin punched on one side only, the other side being plain. [Pl. V. fig. 19].

Obv. Within a small central circle the figure "1"; outside and within another circle the letters "P. SAMBOE." The letter "P" stands for the word "Pulau" which is Malay for "Island."

Rev. Plain.

2. One cent: similar to No. 1, but the letter "O" is stamped "O": this is not an uncommon variety and I think was the first issue; the punch being later perfected. [Pl. V. fig. 20].

3. Half cent: made of tin: diameter 22.5 mm.: a circular coin punched on one side only, the other side being plain. [Pl. V. fig. 21].

Obv. Within a thick raised circle the letter "S" which is the initial letter of "Samboc."

Rev. Plain.

The ordinary issue of "white" or pewter cents by the State of Trengganu is well known. In September, 1920, however, a new issue appeared which is of considerable interest. They differ considerably from the earlier issues. The following is a description of the new coin of which, through the kindness of the British Adviser, I have received specimens.

1. One cent: struck at Trengganu: made of pewter: circular: diameter 28.8 mm.: milled edge. [Pl. V. figs. 22 and 23].

Obv. Within a diamond-shaped figure, the figure "1" flanked by a six-pointed star on each side: the whole within an interior beaded circle: around, and within an exterior beaded circle, a wreath of leaves.

Rev. Within an interior beaded circle in Malay "Kerajaan Trengganu Sanah 1325" (i.e. "State of Trengganu Year 1325"). Outside, and within an exterior circle, in Malay character "S. Z. A." (i.e. the initial letters of Sultan Zenal Abidin) each letter separated from the other by a six-pointed star.

The points of interest with regard to this coin are:—

(a) Sultan Zenal Abidin died in 1918 and was succeeded by a son who abdicated in 1920 and in turn was succeeded by another son of the deceased Sultan. Owing to the great shortage of small currency in the State (where silver and


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 copper coinage of the Straits Settlements are current as well as the local pewter coinage) a new issue of coinage became urgently necessary. There was no time to order a new "die" from Europe and the old die (modified slightly on the Obverse) was used.

(b) The modification consists in the addition (cut into the old die) of the diamond shaped figure surrounding and the two stars flanking the figure 1." The old Hegira date 1325 (i.e. 1906-7) is retained though the coins were issued only in 1920: so too are the initials of the Sultan who died in 1918.

(c) The main reason why any modification was really necessary was because owing to the high price of tin these "white" or pewter cents were issued as equal to Straits Settlements copper or "red" cents whereas 400 of the old Trengganu cents only equalled in value 300 Straits copper cents.

(d) The alloy was prepared by the great Tin Smelting Company of Singapore, the Straits Trading Coy., Ltd. and is noticeably harder than the mixture used for earlier issues. The die itself is rather worn and the sheath or instrument used for cutting the blanks from the sheet metal is getting blunt and could not be properly repaired by the local Trengganu metal-workers: with the result that the edging of the coin is very poor and the general impression not very clear: though specimens vary.

(e) Ten thousand dollars worth of these coins were to be issued. The issue was authorized by the High Commissioner.

Mr. Moquette of Weltevreden, Java, informed me in 1920 that in 1914, in consequence of shortage in copper currency, an issue of Tin coins representing values of 5 and 10 cents was contemplated. Dies were prepared at the Opium Factory at Batavia but, as the scarcity of coinage was within a short time made good by a supply from Holland, the projected issue of coins was never made.

The die for the 10 cent piece was destroyed and the specimens struck from it were, with the exception of one example produced after the die had already been damaged and now in the Batavia Museum, melted down. The die for the 5 cent piece was however preserved and is in the same Museum together with a few specimens struck from it. The following is a short description of these extremely rare proofs:—

1. Ten cents: struck at Batavia, Java: made of tin with a little lead: circular: size 27 mm. Plain edge. Description from a plaster cast. [Pl. V. figs. 24 and 25].


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HE cuckoo’s echo dies away, And lo! the branch is bare; I only see the morning moon, Whose light is fading there Before the daylight’s glare.

The writer’s name was Sanesada Fujiwara, and he entered the priesthood in the year 1198. The cuckoo, according to Japanese tradition, cries through the night until its eyes become bloodshot. It is supposed to come from the Spirit-land across the mountains of Hades, about the end of the fifth month, to warn the farmer that it is time to sow his rice. In the illustration we see the morning moon setting behind the hills, and the cuckoo flying away.


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OW sad and gloomy is the world, This world of sin and woe! Ah! while I drift along Life’s stream, Tossed helpless to and fro, My tears will ever flow.

The Priest Dō-in was a member of the Fujiwara family. The date of this verse is not known, but it was probably written in the twelfth century. The illustration shows the priest alone in his hut, lamenting over the sorrows of humanity.


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ROM pain and sorrow all around There ’s no escape, I fear; To mountain wilds should I retreat, There also I should hear The cry of hunted deer.

Toshi-nari was a celebrated poet and nobleman in the reign of the Emperor Gotoba. He, however, gave up his position at Court and entered the church in the year 1176. He was the father of the writers of and, and died in the year 1204, at the age of ninety-one.


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IME was when I despised my youth, As boyhood only can; What would I give for boyhood now, When finishing life’s span An old decrepid man!

Kiyo-suke was the son of the writer of, and lived in the latter part of the twelfth century.


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LL through the never-ending night I lie awake and think; In vain I look to try and see The daybreak’s feeble blink Peep through the shutter’s chink.

This priest was the son of the author of. He describes in this poem a sleepless night, when he looks in vain to catch the first glimpse of daybreak through the joints of the sliding screens, that form the walls of a Japanese house. But in the picture, as will be noticed, one of the sliding screens is removed, in order to show the priest within.


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 the Hambourg book), selecting and arranging the costume, draperies, and other “accessories,” as well as the lighting and shading. The combination of these choices was a “new, harmonious, and graceful pictire,” subject to protection. Burrow-Giles, 111 U.S. at 60, 4 S.Ct. at 282.

Nineteen years later, the Supreme Court renounced the distinction between the artistic and the ordinary in Bleistein v. Donaldson Lithographing Co., 188 U.S. 239, 23 S.Ct. 298, 47 L.Ed. 460 (1903). In describing the circumstances when the requisite creativity may be satisfied, Justice Holmes wrote: "The [work] is always the persomal reaction of an individual upon nature. Personality always contains something unique. It expresses its singularity even in handwriting, and a very modest grade of art has in it something irreducible, which is one man’s alone. That something he may copyright unless there is a restriction in the words of the act."

Bleistein, 198 U.S. at 250, 23 S.Ct. at 300.

Despite the broad sweep of this paragraph, Justice Holmes was not suggesting that a mere signature, even one as distinctive as John Hancock’s, is by itself copyrightable, nor that all pictorial works are per se protectible. Rather, he noted that courts may reject protection for works within “the narrowest and most obvious limits” and that works are protectible when there is a “very modest grade of art.” Bleistein, 188 U.S. at 250, 251, 23 S.Ct. at 300.

The Supreme Court’s most recent and authoritative pronouncement on originality in Feist augmented the Bleistein analysis. In Feist, the Court rejected the proposition that works are protectible so long as they were born from “sweat of the brow,” reaffirming that “[o]riginality is a constitutional requirement.” 499 U.S. at 346–47, 351–52, 358, 111 S.Ct. at 1288, 1290–91, 1294. The Court also cautioned that it is not difficult to satisfy the originality requirement; an author need only independently create the work and imbue it with “some minimum level of creativity,” a “creative spark.” Feist, 499 U.S. at 345, 358, 111 S.Ct. at 1290, 1294, The “spark need not provide a shock, but it must at least be perceptible to the touch.” Patry at 149.

The standards to be applied in determining whether the creative spark is present can be elusive. Although photography is a species of pictorial work, see 17 U.S.C. §§ 102(a)(5), 101 (definition of “pictorial, graphic and sculptural works”), it is not defined in the Copyright Act. Thus, unlike computer programs and audiovisual works, which are defined in the Act, courts are left without congressional guidance as to what attributes of photographic works are necessary to satisfy the originality requirement.

Judge Learned Hand observed that “no photograph, however simple, can be unaffected by the personal influence of the author, and no two will be absolutely alike.” Jewelers’ Circular Publ’g Co. v. Key-Stone Publ’g Co., 274 F. 932, 934 (S.D.N.Y.1921), aff’d, 281 F. 83 (2d Cir.1922). Although often quoted, this statement should not be read as a comment that all photographs are per se copyrightable. The Supreme Court in Feist made clear that the originality requirement is constitutional, and that no work is per se protectible.

There is no uniform test to determine the copyrightability of photographs. See, e.g., Burrow-Giles, 111 U.S. at 60, 4 S.Ct. at 282 (considering pose, selection and arrangement of costumes, draperies and other accessories, lighting and shading); Rogers v. Koons, 960 F.2d 301, 307 (2d Cit.1992) (emphasizing photographer’s “inventive efforts” in posing couple holding improbably numerous puppies between them, and photographic printing); Gross v. Seligman, 212 F. 930, 931 (2d Cir.1914) (considering pose, background, light, and shade); ''Eastern Am. Trio Prods., Inc. v. Tang Elec. Corp.'', 97 F.Supp.2d 395, 417–18

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 Multifilm badges, called casualty badges, were used to record high-range exposures. They were placed aboard a small number of ships and aircraft that might enter areas of high radiation. Casualty badges were also placed aboard target ships as part of the scientific program to determine exposure from the detonations.

Radiological Safety Instruments

CROSSROADS requirements for radsafe instruments turned out to be far greater than had been expected when planning for the operation began. No comprehensive program existed for development and manufacture of rugged instruments for use under field conditions: thus, the head of the Radsafe Section had to make do with what the Manhattan Engineer District could provide from its inventory and what the Victoreen Instrument Company could manufacture quickly (Reference C.11.1; Reference C.0.12, p. 18).

Each monitor unit or monitor-advisor was equipped with a Geiger-Mueller counter (X-263 Survey Meter) and an ionization meter (Model 247 Survey Meter), as well as other equipment, depending on the nature of the mission (Reference B.0.1, pp. E-II-2 through E-II-8).

The X-263 measured beta and gamma radiation from about 0.001 R/24 hours to about 0.4 R/24 hours (References B.0.10 and C.0.13). This range made the meter too sensitive for some radiation fields encountered during CROSSROADS (Reference A.2, pp. 7 and 8). The X-263 proved too delicate to function consistently under field conditions (Reference C.0.14, p. 3). Three hundred twenty of these instruments were available 2 days before BAKER (Reference C.0.12, p. 9). Every monitor tried to have three or four of them to assure that at least one would be working when he reached his post (Reference C.0.15, p. 3).

The 263 G.M. Set, an older version of the same instrument, also was used at Bikini, but information is lacking on the number available. Experienced monitors preferred it whenever accurate and reliable data were required (Reference C.0.12, p. 18).

The 247 Survey Meter measured gamma radiation only. Its range was from 0.5 to 200 R/24 hours, and it was often used for measuring intensities beyond the range of the X-263. It was rugged, spray resistant, and held its calibration well (Reference A.2, pp. 7 and 8; Reference C.0.12, p. 23). Twenty of these were available for monitoring after the BAKER detonation (Reference C.0.14, p. 3).

Pocket dosimeters were designed to measure cumulative gamma dose up to about 0.3 R. About 160 were issued for the BAKER test. They were relatively rugged and easy to repair. Apparently they were often issued to divers (Reference C.0.12, pp. 27 and 28).

Several other instruments were available to the monitors, although in numbers smaller than the X-263, the 247, and the pocket dosimeter. The L&W survey meter measured between 0.001 and 25 R/24 hours. Twelve were in service following BAKER. They were used mostly by boarding parties and by special groups, such as the target monitor group. The head of the monitor group wrote

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 (S.D.N.Y.2000) (considering “lay-out”, angles, lighting, and computer enhancements); Kisch v. Ammirati & Puris, 657 F.Supp. 380, 382 (S.D.N.Y.1987) (considering selection of lighting, shading, positioning, and timing).

The difficulty in identifying a common set of protectible elements may be attributable to the 19th century prejudice against the creation of works by mechanical means. This prejudice is rooted in unfounded suspicion that photographic equipment restricts creativity. See Patry at 252 (“As with other works created by technological means, protection for photographs has been hampered by superficial examination of the wide range of creative options available to the photographers.”).”). [sic]

The technical aspects of photography imbue the medium with almost limitless creative potential. For instance, the selection of a camera format governs the film size and ultimately the clarity of the negative. Lenses affect the perspective. Film can produce an array of visual effects. Selection of a fast shutter speed freezes motion while a slow speed blurs it. Filters alter color, brightness, focus and reflection. Even the strength of the developing solution can alter the grain of the negative.

The elements that combine to satisfy Feist’s minimal “spark of creativity” standard will necessarily vary depending on the photographer’s creative choices. The cumulative impact of these technical and artistic choices becomes manifest in renowned portraits, such as “Oscar Wilde 18No. 18 [sic].” The measure of originality becomes more difficult to gauge as one moves from sublime expression to simple reproduction.

Originality analysis in this case begins with Lindner’s description of his creative process. Lindner carefully chose to use single light source with a “reflector to fill out the shadows” in order to “give a chiaroscuro effect that would wrap around the [the frames] and give [them] depth.” (Lindner Aff. ¶15.) He used this lighting technique because “copy lighting” would “wash out the shadows and impart a flat look.” (Lindner Aff. ¶15.) Lindner also employed artistic judgment in determining the amount of shadowing for each individual frame that would emphasize the detail without obscuring it. (LindnerLindner Aff. [sic] ¶15.) Reflections in the mirrors also complicated the shoot and led to the creation of a “unique light design on a reflector that would appear in the mirror without showing any part of the room or [himself] in the mirror.” (Lindner Aff. ¶16.)

The digital reprints in defendants’ catalogue support Lindner’s assertion that he exercised significant aesthetic judgment. They show the detail in the carvings, the saturation of color and gilt, and the appearance of attractive and well-defined picture frames.

The affidavits by defendants’ photography experts do not rebut plaintiff’s substantial evidence concerning originality. Those affidavits declare that “there is nothing unusual in the camera Mr. Lindner used or in the film or exposure…” and that “the photographs reflect effort by Mr. Lindner, but certainly … no substantial originality in the manner in which they


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’ERCOME with pity for this world, My tears obscure my sight; I wonder, can it be the moon Whose melancholy light Has saddened me to-night?

Saigyō was a member of the Fujiwara family, an eccentric monk, and a famous poet, who lived 1115–1188. He was once in attendance on the Emperor, when a bird by fluttering its wings began scattering the blossoms of a plum tree. The Emperor directed him to drive off the bird, but the priest, with an excess of zeal, killed it by a stroke of his fan. On reaching home his wife told him that she had dreamt that she was changed into a bird and that he had struck her; and this incident made such an impression upon him, that he retired from Court, and spent the rest of his life in the church.


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HE rain, which fell from passing showers, Like drops of dew, still lies Upon the fir-tree needles, and The mists of evening rise Up to the autumn skies.

This verse is a good example of a picture verse, intended to call up the scene to one’s imagination. Jaku-ren was another of the great Fujiwara clan, and lived about the end of the twelfth century.

Murasame means ‘rain falling in showers, here and there’, and the illustration plainly shows it raining on one side of the house only.


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 acountable, everything beautiful; from a bug to the moon, from the sight of the eyes to the appetite for food. He makes it his business to see things as if he saw them for the first time, and professes astonishment on principle. But he has no leaning towards mythology; avows his contempt for what he calls "unregenerate poetry;" and does not mean by nature

Nor is this exhaustive; for in his character of idealist all impressions, all thoughts, trees and people, love and faith, astronomy, history, and religion, enter upon equal terms into his notion of the universe. He is not against religion; not, indeed, against any religion. He wishes to drag with a larger net, to make a more comprehensive synthesis, than any or than all of them put together. In feeling after the central type of man, he must embrace all eccentricities; his cosmology must subsume all cosmologies, and the feelings that gave birth to them; his statement of facts must include all religion and all irreligion, Christ and Boodha, God and the devil. The world as it is, and the whole world as it is, physical, and


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’VE seen thee but a few short hours; As short, they seemed to me, As bamboo reeds at Naniwa; But tide-stakes in the sea Can’t gauge my love for thee.

This verse was written some time in the twelfth century; and Naniwa is the ancient name of Ōsaka.

There are several double meanings in this verse; lines 2 and 3 can mean either ‘one section of a reed cut off between the joints’, or ‘one night’s sleep as short as a reed’. In the fourth line also, miotsukushi means a tide-gauge, as explained in the note to, but the whole line, taken as printed, reads, ‘How can I be already tired of thee!’ The contrast here is between the length of only one section of a short reed and the long stake set up to measure the rise and fall of the tide.

The illustration seems to show the lady to whom the verse was addressed.


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HE ailments of advancing years Though I should try to hide, Some day the thread will break, the pearls Be scattered far and wide; Age cannot be defied.

The Princess was the daughter of the Emperor Goshirakawa, who reigned 1156–1158. In this short reign, however, the country suffered from a very severe earthquake and a devastating civil war.

The second line is a play upon the two verbs tae, which are both pronounced the same, but which are written with different ideographic characters. The first couplet, taken literally, reads, ‘If the string of pearls (i. e. my life) break, I must bear it.’

The illustration seems to show the Princess sitting down with a nobleman in attendance.


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 spiritual, and historical, with its good and bad, with its manifold inconsistencies, is what he wishes to set forth, in strong, picturesque, and popular lineaments, for the understanding of the average man. One of his favourite endeavours is to get the whole matter into a nutshell; to knock the four corners of the universe, one after another, about his readers' ears; to hurry him, in breathless phrases, hither and thither, back and forward, in time and space; to focus all this about his own momentary personality; and then, drawing the ground from under his feet, as if by some cataclysm of nature, to plunge him into the unfathomable abyss sown with enormous suns and systems, and among the inconceivable numbers and magnitudes and velocities of the heavenly bodies. So that he concludes by striking into us some sense of that disproportion of things which Shelley has illuminated by the ironical flash of these eight words: The desire of the moth for the star.

The same truth, but to what a different purpose! Whitman's moth is mightily at his ease about all the planets in heaven, and cannot think too highly of our sublunary tapers. The universe is so large that imagination flags in the effort to conceive it; but here, in the meantime, is the world under our feet, a very warm and habitable corner. "The earth, that is sufficient; I do not


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HE fisher’s clothes, though cheap, withstand The drenching they receive; But see! my floods of tears have blurred The colours of my sleeve, As for thy love I grieve.

The writer is said to have been one of the Fujiwara family, and to have died in the year 1210. Ojima is an island in the Inland Sea.

In the last line the word iro can mean both ‘colour’ and ‘love’; so that the meaning is, the writer‘s love will remain as constant as the colour of the fisher’s clothes, even though drenched with salt water. In connexion with this word iro, it may be mentioned that a crimson maple leaf, when sent by a lady to her lover, is a gentle hint that she wishes to see him no more; the meaning being, that as the colour (iro) of the leaf has changed, so her love (iro) has changed also.


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 want the constellations any nearer," he remarks. And again: "Let your soul stand cool and composed," says he, "before a million universes." It is the language of a transcendental common sense, such as Thoreau held and sometimes uttered. But Whitman, who has a somewhat vulgar inclination for technical talk and the jargon of philosophy, is not content with a few pregnant hints; he must put the dots upon his i's; he must corroborate the songs of Apollo by some of the darkest talk of human metaphysic. He tells his disciples that they must be ready "to confront the growing arrogance of Realism." Each person is, for himself, the keystone and the occasion of this universal edifice. "Nothing, not God," he says, "is greater to one than oneself is;" a statement with an irreligious smack at the first sight; but like most startling sayings, a manifest truism on a second. He will give effect to his own character without apology; he sees "that the elementary laws never apologise." "I reckon," he adds, with quaint colloquial arrogance, "I reckon I behave no prouder than the level I plant my house by, after all." The level follows the law of its being; so, unrelentingly, will he; everything, every person, is good in his own place and way; God is the maker of all and all are in one design. For he believes in God, and that with a sort of blas-


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 were taken or in the result.” (Weiss. Aff. ¶3; Mackiewies Aff. ¶¶3–4.) However, neither novelty non “substantial” originality are the tests for copyrightability. See Feist, 499 U.S. at 345, 111. S.Ct. at 1287 (“[o]riginality does not signify novelty”). The works need only possesses some minimal degree of creativity. See Feist, 499 U.S. at 345, 111. S.Ct. at 1287. While Lindner’s works may not be as creative as a portrait by DianneDiane [sic] Arbus, they show artistic judgment and therefore meet the Feist standard. That the photographs were intended solely for commercial use has no bearing on their protectibility. See Bleistein, 188 U.S. at 251–52, 23 S.Ct. at 300.

Defendants also seek to minimize plaintiff’s creativity by describing the photographs as “accurate and precise copies of framed mirrors.” Thus, they assert that the frames were “merely photographed one after another, all in the same straightforward manner faithfully to copy them to the medium of film.” (Munn Aff. ¶¶7, 9.) The “master” photographs of the frames offered as an exhibit to defendants’ expert’s affidavit, present a compelling visual case that undermines defendants’ arguments. (Oudit Harbhajan Aff. Ex. A.) The “master” photographs have none of the aesthetic elements that make plaintiff’s photographs attractive. The gilded frames are dull and the details are obscured by shadows or overexposed.

There is no legal significance to defendants’ argument that Lindner merely photographed one frame after another. Without contradiction, Lindner states that “[e]ach frame required a different treatment.” (Lindner Aff. ¶4.) Contrary to defendants’ assertion, there is no requisite amount of time necessary to create a copyrighted work; originality is the only requirement. As Circuit Judge Easterbrook observed: "The copyright laws protect the work, not the amount of effort expended. A person who produces a short new work or makes a small improvement in a few hours gets a copyright for that contribution fully as effective as that on a novel written as a life’s work. Perhaps the smaller the effort the smaller the contribution; if so, the copyright simply bestows fewer rights. Others can expend the same effort to the same end. Copyright covers, after all, only the incremental contribution and not the underlying information.

The input is irrelevant. A photograph may be copyrighted, although it is the work of an instant and its significance may be accidental. In 14 hours Mozart could write a piano concerto, J.S. Bach a cantata, or Dickens a week’s installment of Bleak House. The Laffer Curve, an economic graph prominent in political debates; appeared on the back of a napkin after dinner, the work of a minute. All of these are copyrightable."

''Rockford Map Publishers, Inc. v. Directory Serv. Co.'', 768 F.2d 145, 148 (7th Cir.1985) (citations omitted).

While plaintiff’s photographs meet the minimal originality requirements in Feist, they are not entitled to broad copyright protection. Plaintiff cannot prevent others from photographing the same frames, or using the same lighting techniques and blue sky reflection in the mirrors. What makes plaintiff’s photographs original is the totality of the precise lighting selection, angle of the camera, lens and filter selection. In sum, plaintiff is granted copyright protection only for its “incremental contribution.” Rockford Map Publishers, 763 F.2d at 148. Practically, the plaintiff’s works are only protected from verbatim copying. However, that is precisely what defendants did.

V. Work-for-Hire

Defendants claim that even if the photographs are protectible, they were created for Interiors as works-for-hire. If this defense is proven, plaintiff’s infringement claim fails because as authors, defendants would own all copyrights in the photographs. See 17 U.S.C. §§ 101 (definition


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 that the L&W meter was the most reliable instrument for these measurements because it was energy-independent and insensitive to temperature and humidity changes (Reference C.0.16). Six assault meters, brought out by individual monitors, were used during the operation. They were very rugged and ideal for quick and rough determination of radiation levels from 0.1 to 10 R/24 hours. They proved useful for boarding ships and similar operations (Reference C.0.12, p. 31). The "cutie pie" survey meter was a small instrument capable of measuring beta and gamma radiation up to 100 R/24 hours. Few of these were available for CROSSROADS, but a monitor aboard PGM-32 after BAKER used one and decided it was an excellent portable rate meter (Reference C.0.15, p. 4).

The task force had several instruments for measuring alpha contamination. None, however, proved reliable for field surveys. Photographs of task force activities show the Zeus counting meter, the Zeuto, and the X-323. These three instruments were mentioned in training lectures for monitors (References C.0.17 and B.0.11). One or all may have been the Poppy or Walkie Poppy referred to in radsafe reports after BAKER. The three devices appear to have been small, and each had a carrying handle, but apparently they did not work well outside of USS Haven's (AH-12) air-conditioned laboratories in the hot, humid Bikini climate (Reference C.0.14, p. 4). In addition, the Radsafe Section had five Filter Queen Air Samplers. Basically, these were tank-type vacuum cleaners with an alpha detector and filter paper mounted in the intake tube. Samples collected in the filter papers aboard the target ships had to be returned to Haven where alpha counts were made. Initially, the alpha detectors worked well, but humidity, along with personnel opening the detectors improperly, caused them to fall (Reference C.0.12, pp. 8 and 9).

Personnel Decontamination

Personnel working in radioactive areas sometimes picked up radioactive particles on their bodies and their clothing. Procedures were established to minimize the spread of this contamination and potential internal and external exposure from these radioactive sources. The procedures spelled out for the USS Ajax (AR-6) crew working on repair of Salt Lake City following BAKER were typical and are summarized in the following paragraphs.

Ajax crewmembers slated for work on Salt Lake City left their own compartments wearing only their own shoes. These shoes were removed and left in a compartment adjacent to a designated head (bathroom) where the men donned work clothing. They then left Ajax via a Jacobs ladder into a small boat while carrying canvas gloves and shoe covers. The gloves and shoe covers were put on immediately before boarding the target ship for work and were taken off just before leaving.

Upon return to Ajax, the men boarded by Jacobs ladder and went to the upper deck were they were monitored. They walked only on a deck covering, which presumably was disposed of after use. The men first washed their hands and forearms with hot water and salt-water soap. Then each man washed his own clothing. These were first scrubbed in hot water and salt-water soap and then rinsed in a special hot rinse and rinsed again in plain hot water. The clothes were hung on lines to dry on the upper deck.

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 the summit of the Zampach hill was never re-built, it was not the present house at the foot of that hill that next became the home of the lords of Zampach. Shortly after the destruction of the old castle, a building was erected on the neck of the hill, on a spot about midway between the old and the present château of Zampach. This place, locally known as “Chudoba,” has also long been desolate, but a cottage erected there, probably built out of the materials of the older building, was only demolished within the last few years, when the Countess and I enlarged the Zampach Park. The only record of the second castle at Zampach is to be found in a picture still preserved in the chapel of the present house. A painter, gifted, unfortunately, with no artistic talent, but who was certainly not devoid of imagination, has, in a picture, represented the three castles of Zampach—the one on the summit of the hill, the one at its side, and the present building, which is at its foot-as existing simultaneously. This is, of course, purely imaginative, as there were considerable intervals of time between the destruction and reconstruction of these buildings.

The annals of Zampach, after the destruction of the first castle, are very obscure. The lords of Zampach, who, at that period, took their name from that castle, acquired vast possessions, and for a time ruled over a considerable portion of north-eastern Bohemia.

The later records of Zampach are intimately connected with the order of the Jesuits. Twenty years after the introduction of the order into Bohemia, there were only forty Jesuits in Bohemia. One of the first acts of the provisional government that was formed at Prague after the defenestration was a decree expelling the Jesuits from Bohemia. But their exile was of short duration, and they returned in triumph in 1620, and then devoted their whole energy to the complete destruction of Bohemian Protestantism. Laws against “heresy,” which cannot be read without a shudder, were established. Tortures too horrible for mention are contained in these ghastly “regulations for the punishment of heretics.” The reading of a “non-Catholic” book was punishable by decapitation, and all such books were to be destroyed. It is to this regulation that the destruction of countless Bohemian books is due. The execution of these regulations was mainly entrusted to the Jesuits, most of whom were foreigners, and ignorant of the national language of Bohemia. It was therefore considered more practical to destroy all works written in that language, taking it for granted that they contained “heretical” thoughts. It is perhaps worthy of note that these severe regulations against all opinions that did not entirely conform with the doctrine of the Church of Rome were, in Austria and Bohemia, maintained up to a comparatively recent period. It is only since the accession of the present Emperor, Francis Joseph, whom, I think, the historians of the future will, in consequence of his statesmanship, impartiality, and benevolence, consider as one of the greatest figures of the nineteenth century, that all such regulations have been entirely abolished.

No part of Bohemia suffered more from the Romanist reign of terror, which followed the battle of the White Mountain, than the north-eastern districts of the land of which the town of Königgrätz is the centre, and in which Zampach is situated. The community of the Bohemian Brethren, generally in England

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Page:SHL Imaging v. Artisan House.pdf/12

 of “work made for hire”) and 201(b) (“[i]n the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author”).

There are two categories of work-for-hire: (1) works created by employees; and (2) works created by independent contractors under special order or commission. See 17 U.S.C. § 101. Although defendants have not specified which categories they claim, only the first is relevant in this case. The second category is inapplicable because photographs are not included in the § 101 list of subject matters permitting a work-for-hire agreement with independent contractors. Even if these photographs could be shoehorned into a § 101 subject matter category, they will still not qualify as a work-for-hire because there was no written agreement between the parties.

Thus, the only relevant question is whether defendants were plaintiff’s “employers” under the Copyright Act. Faced with congressional silence concerning the term “employer,” the Supreme Court created a federal common law agency test, to evaluate work-for-hire claims. See Community for Creative Non-Violence v. Reid, 490 U.S. 730, 750–751, 109 S.Ct. 2166, 2178, 104 L.Ed.2d 811 (1989); see also Patry at 377 (“[W]hile the Court referred to the Restatement of Agency for factors lower courts should apply in determining whether an individual is an independent contractor or an employee, [Reid ] adopted a federal rule of agency patterned on the common law.”).

The Reid Court identified thirteen factors to consider in determining whether a party is an employer under agency principles: "the hiring party’s right to control the manner and means by which the product is accomplished … [;] the skill required; the source of the instrumentalities and tools; the location of the work; the duration of the relationship between the parties; whether the hiring party has the right to assign additional projects to the hired party; the extent of the hired party’s discretion over when and how long to work; the method of payment; the hired party’s role in hiring and paying assistants; whether the work is part of the regular business of the hiring party; whether the hiring party is in business; the provision of employee benefits; and the tax treatment of the hired party."

490 U.S. at 751–752, 109 S.Ct. at 2178–79 (footnotes omitted). None of these is dispositive; in fact they are not even the universe of factors that can be considered. Reid, 490 U.S. at 752, 109 S.Ct. at 2179. Rather, it is the totality of the parties’ relationship that is the focus of the inquiry.

The Second Circuit has construed Reid several times. See Langman Fabrics, 160 F.3d at 110–113; Graham v. James, 144 F.3d 229, 234–35 (2d Cir.1998); Carter v. Helmsley-Spear, Inc., 71 F.3d 77, 85–88 (2d Cir.1995); Playboy Enters., Inc. v. Dumas, 53 F.3d 549 (2d Cir.1995); Aymes v. Bonelli, 980 F.2d. 857, 860–64 (2d Cir.1992). The Aymes court’s analysis of work-for-hire is the most extensive. There, the Second Circuit declined to treat all thirteen of the Reid factors as equally important or even relevant in every case. See 980 F.2d at 861. Instead of woodenly tallying the factors, the Aymes court emphasized that each factor is to be weighed according to the significance it played in the work’s creation. See 980 F.2d at, 861. Nonetheless, the Aymes court identified five of the Reid factors that are significant “in virtually every situation.” These five are: (1) the hiring-party’s right to control the manner and means of creation; (2) the skill required; (3) the provision of


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 Clothing so contaminated that it read more than 0.10 R/24 hours (gamma) was placed in paper bags, and radiation was allowed to decay for a period of time before the clothing was washed. If the radiation did not decrease to less than 0.10 R/24 hours, the clothing was disposed of at sea.

After the clothing had been washed or put aside to cool, the men took a shower in the decontamination head in a designated stall with hot water, thoroughly soaping themselves with salt-water soap. They then proceeded to a second stall where they again showered with ordinary soap. The men were monitored again and if free of contamination could return to their own compartments; otherwise they continued showering (Reference B.0.12).

Commander Task Group (CTG) 1.2 set a slightly lower radiation level, 0.05 R/24 hours, above which the clothing was to be disposed of at sea. The contaminated clothing was to be bundled and weighted and the Radsafe Section was to be notified. An LCT picked up the bundles the next day and dumped them 10 nmi (18.5 km) from Bikini at sea.

Clothing in small lots was laundered in separate buckets (like the Ajax procedure above) or done in the ships' laundry if in large lots. If the ships' laundry were used, however, in the clothing had to be separately done and the laundry machinery had to be specially cleaned after use (Reference C.10.8).

Urine Testing

The discovery of alpha emitters, including plutonium, led to urine tests for personnel thought to have been exposed to determine whether any had taken these substances into their bodies. The water-testing laboratory on Haven was converted for testing urine. By 15 August, 2,600 samples had been tested. The men doing the work had to use instruments that were on hand and develop techniques as they worked. The widespread presence of radioactive material led to high background counts and made it difficult to determine whether an individual had low levels of alpha emitters in his urine. On 15 August the Radsafe Section reported slight beta activity had been found in the urine of 2,600 men checked (Reference A.12, pp. 117, 118, and 121 through 125; References C.10.9; Reference C.10.15). Despite all the concern and discussion about it, there is no indication in CROSSROADS documentation that positive alpha counts were found in any urine samples.

Eye Protection

Eye protection from the ABLE flash was a major concern. Approved darkened goggles were provided to personnel on ships 25 nmi (46 km) or less from the ABLE detonation and to all observers on the press and observer ships. Men without goggles within 30 nmi (56 km) were to turn away from surface zero, look down at the deck, close their eyes, and cover their eyes with their arm (Reference B.0.1, pp. E-I-1, E-I-2, and E-IV-2). Pilots airborne at the time of the detonation were to wear approved goggles and turn their heads away from the detonation. In addition, each copilot was to close his eyes and cover them with his arm so that he would be ready to fly the aircraft if the pilot was flash blinded (Reference B.0.1, p. F-XIII-5).

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 called “Moravians,” had very numerous adherents in that part of Bohemia. Kunwald, the cradle of community of the Bohemian Brethren, and Brandeis and Reichenau (or Rychnov), two of its principal centres, are situated in this district. It was here that the Jesuits displayed their greatest energy and their greatest cruelty. Almost immediately after the battle of the White Mountain, a large Jesuit monastery, as a centre for the missionary work, was founded at Königgrätz; and when, about the year 1630, the estate of Zampach, by the will of its last owner, became the property of the order, a smaller monastery was built there also, which is now our home, but which has been considerably enlarged by us. Jesuits were sent to Zampach from Königgrätz, and a Jesuit from Glaz arrived to be the head of the new community. The district of Glaz, which then belonged to Bohemia, though it is now part of the Prussian kingdom, was largely inhabited by Protestants, and the Superior of the new foundation had there displayed restless energy and terrible cruelty. In absence of any evidence, we may hope that the popular tale that the first head of the Jesuit community, the “Missionarius Glacensis,” as he was called, had caused four thousand Protestants in the district of Glaz to be burnt, is an exaggeration. He certainly bore the reputation of exceptional severity, even in a cruel age; and his features, as depicted in a portrait which still exists in the chapel at Zampach, have distinctive notes of bigotry and ferocity.

The re-conversion of the inhabitants of Zampach to the Church of Rome does not appear to have proceeded rapidly, in spite of the energy of the redoubtable “missionary of Glaz.” It was the custom of the Jesuits to ereçt a large wooden crucifix in Bohemian villages, in commemoration of the date when the village had entirely returned to the Catholic rule that is to say, when every Protestant had been either killed or driven from his home. The still existent commemorative crucifix at Zampach dates only from about the year 1660. The system of conversion pursued at Zampach was, no doubt, the same as in other parts of the country. The wealthier Protestant inhabitants were driven into exile, and their property was confiscated. The peasants, on the other hand, who were then serfs, and therefore attached to the soil, to the cultivation of which they were necessary, were obliged to adopt the ritual and ceremonies of the Roman Church. Most of them did so under compulsion, but many of them continued to attend secret religious services according to the rites of the “Bohemian Brethren,” which were held in secluded spots in the forests. The Jesuits, therefore, in Zampach as elsewhere, were not satisfied with the mere acceptation of the Roman creed on the part of the Bohemian peasants. Simultaneously with their new monastery, the Jesuits had built a large chapel close to it, which, under the present ownership, has been joined to the house. Weekly attendance at the services held in this chapel was obligatory for the Bohemian peasants. Absence from the Sunday mass involved the ignominious penalty

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 of corporal punishment for them—women as well as men. A curious record of this period, a whipping post, which bears the date of 1666, can still be seen in a prominent place in the grounds of Zampach. Though these, now fortunately obsolete, arguments in favour of religious conformity were very numerous in Bohemia, Zampach is one of two places in the country where the ancient whipping-post has been preserved.

The Romanist reign of terror of course became legendary among the Bohemian peasantry, and many weird tales referring to it no doubt circulated among them. They, however, gradually fell into oblivion when the progress of time firmly established the Roman Church in the land, and all reminiscences both religious and political—of the past of Bohemia were discouraged. Yet the legend of the “Ghost of Zampach” is probably one of many which are still known among the inhabitants of a small area of country, and which refer to the re-establishment of the Roman Church in Bohemia, and to the Jesuits, whose work it principally was. The tale is told in various manners. I here give the version which was told me by one of the gamekeepers, who has the distinction—a very great one in Bohemian villages—of being the “oldest inhabitant” of Zampach.

After the disaster of the White Mountain, it was the policy of the Jesuits to gain over to their creed and their order those members of the nobility who had not fled the country, and many youths belonging to Protestant families were more or less forcibly enlisted as novices to the order. In Zampach also, the legend tells us, a young Protestant noble was obliged to join, as a novice, the new foundation of the Jesuits. The young man had, before the battle of the White Mountain, been betrothed to the daughter of a neighbouring noble, but, of course, from the moment that he had become a novice, he was bound by vow to celibacy. Unfortunately, his love did not die, and he still occasionally, at night, escaped from the monastery where he was imprisoned to meet his former bride. Masters in the art of espionage as the Jesuits have always been, it was not likely that these escapades of the young novice would long escape their vigilance. He was—according to the legend—watched, and forcibly brought back to the monastery. His punishment was terrible, though by no means unprecedented in the days of monasticism. It was decided that he should be immured. A hole was made in the thick walls of the monastery near the present morning-room of the Countess, of which a representation is here given, and he was confined there and left to die of starvation. From that moment the spot became haunted. Every night at midnight, so the peasants state, his ghost leaves the spot where he was immured, and for about an hour paces the vast corridor of the monastery. It is impossible to persuade any of the peasants to approach this passage after sunset. They tell us that years ago a workman who had been employed to do some repairs there, and had continued his work up to the evening, had seen the ghost of the novice. He was so terrified at the apparition that he hurried away and immediately committed suicide by hanging himself. The peasants, however, give no details as to the appearance of the ghost. They only say that he still wears ecclesiastical dress, and that his eyes are large and terrible.

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 After the temporary suppression of the Jesuit order in Austria towards the end of the eighteenth century, the monastery, or rather château, of Zampach fell into the hands of different owners, who were generally absentees. If, therefore, the Jesuit novice continued his nightly walks in the deserted passages, no one could bear witness to his apparition. When, in 1884, the estate and château of Zampach were purchased by Countess Lützow, and became— as they have since continued—our residence for about half the year, the question of the “Zampach ghost” became a subject of discussion. Bohemian peasants are perhaps not unnaturally reticent on such subjects, and I am afraid that some of my visitors rather believed that the “ghost” was a fiction imagined by me for the purpose of preventing the sittings in the smoking-room from continuing beyond midnight.

But since last year the existence of the Zampach ghost is a certainty—at least, to the same extent as that of any other ghost—a very necessary qualification!

Two English friends who were studying at Dresden came to Zampach to spend Christmas with us. The conversation in the smoking-room one evening turned to the Zampach ghost, and we decided, a few minutes before twelve—“the hour of ghosts,” as it is called in German—to go to the Countess’s morning-room, near which, as already mentioned, the novice is traditionally said to have been immured. We left the door leading from the morning-room to the passage, along which the ghost is said to pace, open, but at the stroke of midnight a sudden gust of wind closed it. Shortly afterwards we distinctly heard footsteps in the passage; they appeared to be the steps of a person wearing sandals, such as the novice is traditionally reported to have worn. These footsteps, now louder, now more faint, could be heard for at least ten minutes, and I cannot deny that we were decidedly frightened. For a moment it appeared as if the door were being opened, and we hoped, or rather feared, that we should see the ghost whose footsteps we had so distinctly heard. But the door was almost immediately closed. My friends reminded me of the German notion, that ghosts never appear to several people together, but only to one person, who is alone. I suggested that one of them should, next midnight, go alone to the “ghost-room”; but somehow the suggestion was not taken up.

Traditionally connected with the legend of the novice is that of the mysterious fountain in the grounds of Zampach, from which, it is said, a female figure, clad entirely in white, rises for a short time at midnight, only to disappear again after a few minutes. It is said that the bride of the novice threw herself into this fountain when she heard of the disappearance of her lover, and that she nightly leaves her grave to join him in his wanderings through the deserted passages of the castle of Zampach. It is, however, very possible that the tale of the mysterious white apparition is of far more ancient, even ancient, even pagan, origin. The ancient Bohemians believed in the existence of nymphs, known as Rusalky, who peopled the springs, and occasionally appeared to passers-by. I must, however, plead guilty to never having seen the nymph, or Rusalka, of Zampach.

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’M sleeping all alone, and hear The crickets round my head; So cold and frosty is the night, That I across the bed My koromo have spread.

This writer was another of the great Fujiwara family, and died in the year 1206.

The word kirigirisu, a cricket, is supposed to represent its song; the Japanese say that the chirping of crickets means cold weather.

In the picture the poet is sitting up in bed with his arm on his pillow, listening to the crickets; and in the original illustrated edition underneath the verse is drawn a cricket hiding in the grass.


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Y sleeve is wet with floods of tears As here I sit and cry; ’Tis wetter than a low-tide rock, No one, howe’er he try, Can find a spot that ’s dry!

The Lady Sanuki was one of the Minamoto family, and lived at the Court of the Emperor Nijō, who reigned 1159–1165. She was the daughter of the retired Emperor Goshirakawa, and died 1165.


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LOVE to watch the fishing-boats Returning to the bay, The crew, all straining at the oars, And coiling ropes away; For busy folk are they.

The name of the writer of this verse was Sanetomo Minamato, the second son of the great General Yoritomo. He was a famous man of letters, and was murdered in the year 1219 by his nephew, the Priest Kugyō, at the Temple of Hachiman at Kamakura, whither he had gone to return thanks for his promotion to a high office of state. He seems to have had a premonition of his coming fate; for that morning, while being dressed, he composed the farewell poem to his plum tree given in the Introduction, and pulling out a hair he gave it to his servant, bidding him keep it in memory of him. The assassin sprang out from behind a tree, which is still pointed out to-day, growing at the side of the temple steps, cut him down, and ran off with the head. Kugyō was caught and executed, but the head was never found, and so the single hair was buried in its stead.


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ROUND Mount Miyoshino’s crest The autumn winds blow drear; The villagers are beating cloth, Their merry din I hear, This night so cold and clear.

Masatsune was a son of the writer of ; he died in the year 1221. He appears in the illustration sitting alone in his house, listening to the sound of the villagers beating the cloth to make it supple.


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NFIT to rule this wicked world With all its pomp and pride, I’d rather in my plain black robe A humble priest abide, Far up the mountain side.

The Archbishop was a son of the author of. He had just been promoted to his exalted rank, which entailed living at the Temple of Mount Hiei, near Kyōto, and this is his modest deprecatory verse on his new appointment. He is said to have put an end to his life by the method described in the note to.

In the picture we see the Archbishop in his robes, and the great Temple of Mount Hiei, while in the distance are the wild hills where he longs to be.


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HIS snow is not from blossoms white Wind-scattered, here and there, That whiten all my garden paths And leave the branches bare; ’Tis age that snows my hair!

The writer’s name was Kintsune; he retired from office to enter the church, and died in the year 1244, aged seventy-six.

Note the play upon yuki, ‘snow,’ and yuku, the verb ‘to go’; furi yuku means ‘going to fall’ (as snow), but furi also suggests the idea of ‘growing old’. He says it is really he himself that is fading and falling, rather than the petals of his garden flowers blown by the storm.

The picture does not seem to illustrate the verse very well; it is probably meant to show Kintsune on his verandah, lamenting over his increasing years; but in the original edition, from which the pictures were taken, fallen cherry blossoms are shown underneath the verse at the bottom of the page.


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User talk:JAn Dudík

--Jan Kameníček (talk) 23:59, 26 December 2023 (UTC)

Deletion templates
Zdravím. Jen chci upozornit, že šablona delete slouží jen jako oznámení, že stránka byla navržena ke smazání na Proposed deletions. Pokud je tato šablona použita bez následného zahájení diskuse o smazání, může se stát, že si jí nikdo nevšimne a stránka zůstane viset v prostoru nesmazaná. K urychlenému smazání bez diskuse slouží šablona sdelete (nebo její ekvivalent speedy), která zajistí, že se žádost o smazání zobrazí nad posledními změnami, takže nemůže zůstat přehlédnuta. --Jan Kameníček (talk) 23:59, 26 December 2023 (UTC)

title: User talk:JAn Dudík


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Page:Lucian (IA lucianlucas00collrich).pdf/98

great success and reputation achieved by the early Greek philosophers, and especially by those who professed Rhetoric and Dialectics, naturally led to the assumption of the character by a host of successors, many of them mere pretenders. It was a profession not only tempting to a man's self-conceit, but to his love of gain: for, in spite of the protest of one at least of the great teachers of antiquity—Socrates—against debasing philosophy to a mere trade by accepting money for discoursing on it, it had not unnaturally become the custom to take fees both for public lectures and for private instruction. For a philosopher had to live, like other men. The Antonine Cæsars, zealous for the education of their subjects, founding lecture-ships and endowing colleges throughout their empire, possibly encouraged too much the mere pretenders to learning by the liberality of their grants, and the ire of the satirist may have been justly roused by the unworthiness of many of the recipients.


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Rh Athens was still the great resort for professors of all sciences, from all countries, and of all characters. The genius of the people insured such visitors a welcome reception. Talk was the Athenian's privilege and his delight. "To tell or to hear some new thing," is St Paul's brief epitome of the life of the Athenian multitude of his day—and contemporary history does but amplify the apostle's report. Nor is it to be supposed that the wisest or the most honest teacher was always the most popular; rather, the boldest and least scrupulous pretenders were perhaps the most sure of an audience. As in your own days, the medicine which is put forward as a cure for all diseases is secure of a wide sale among the vulgar; so the lecturer who professed universal knowledge—and there were plenty of such——did not fail of commending himself to the greedy ears of the Athenian populace. There were men who announced themselves as prepared—for a consideration—to dispute on any imaginable subject of human knowledge, or to reply to any question which curiosity might propose. Especially were those sought after who professed to teach the great secret of beating an opponent in argument, right or wrong; an enviable accomplishment, unfortunately, in the eyes of most intellectual people, but especially of men who took so much part in public life as did the Athenian commons.

To such an extent had this passion for talk in all its forms—whether in propounding the most startling


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PON the shore of Matsu-hō For thee I pine and sigh; Though calm and cool the evening air, These salt-pans caked and dry Are not more parched than I!

Sada-iye, of the Fujiwara family, was the Compiler of this Collection of verses; he was the son of Toshi-nari, the writer of, and he entered the priesthood, dying in the year 1242, at the age of eighty.

Matsu-hō is on the north coast of the Island of Awaji, in the Inland Sea; but the word also means ‘a place of waiting and longing for somebody’. Kogare means ‘scorching or evaporating’ (sea-water in the salt-pans), but it also has the meaning ‘to long for, or to love ardently.’

The illustration shows two men carrying pails of sea-water to the salt-pans.


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90 theories of morals or metaphysics, or in the most ingenious fencing with the weapons of logic and rhetoric—spread itself in Lucian's day, that the abuses of the Schools presented an ample and tempting field for so keen a satirist. Add to this that he himself had been very much as it were behind the scenes; that in so far as he had been a real seeker after wisdom and an honest teacher of the truth, he had seen how these were disregarded by the pretended philosophers of his day; or in so far as he had lent himself to the common temptation, and had regarded gain and reputation more than a conscientious utterance of what truth he knew, he would have experienced how very readily a few specious phrases and plausible assertions pass for wisdom with the multitude, and how often the unintelligible may be made to do duty for the sublime.

Next to the absurdities of the popular religion, then, those of the pretenders to philosophy lay invitingly open to the attack of the satirist. The fact that in both cases such attack had to be made upon a strong position, guarded by much popular prejudice and by many private interests, would he only an additional reason for engaging in it. He looked upon both systems as what a modern satirist would call "enormous shams," and the success of the imposture made the work of unmasking it all the more exciting. In both cases, truth suffered more or less under the undiscriminating ridicule which could not afford to spoil its point by making distinctions and exceptions. As in his merciless dissection of the so-called divinities of


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HE twilight dim, the gentle breeze By Nara’s little stream, The splash of worshippers who wash Before the shrine, all seem A perfect summer’s dream.

Iye-taka was another of the great Fujiwara family; he died in the year 1237.

The word misogi means the Shinto ceremony of purifying the body before worship by washing or sprinkling with water. This verse is said to have been inscribed on a screen in the apartments of the Empress at Nara.