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42 42 History of Sixth Regiment, U. S. Marines. line? of this regiment, thus losing the ground gained in the morning. The officer^ and non-commissioned officers of this regiment did much in or- ganizing the stragelcrs and instructing them to dig mi. A new line was established and the strong points in the woods on the right front, former enemv machine gun nests, were organized into this line The positions were heavily shelled all day and night, and at 5 A.M.. October 9th, a heavy enemy barrage was placed on the front line positions, but there cessful in reorganizing and taking up the line in front of this regiment. Orders were is:ued about noon of October 9th for the relief of this regiment, and during the night it marched to the Suippes area, where it arrived about 8 A.M., having halted on the march for breakfast. During (he entire operation in the Champagne sector the front echelon of this regiment was annoyed and suffered some losses through the artillery fire of the enemy directed from positions on both flanks. At times it was reported to the Headquarters of this regiment that American artillery fire was liring short. Inquiry developed the fact that friendly artillery was not iinng in that particular «ubsector. and it is more than probable that the enemy fire from the flank in the nature of enfilade and falling just in (ronl o: in rear of the line, gave the impression to those upon whom the lire was directed that it was friendly artillery. The ten davs spent in the Champagne sector were in many respects the most exhausting to which the troops of this .egiment had been sub- jected. The men had left their packs at the 'jumping off" place and the nights and mornings were cold; and in addition they were continually hara-. -ed by enemy artillery ot every caliber. The losses of the 6th Regiment uer? thirty-three oiheers killed and wounded, eight hundred and fort-mne men killed and wounded; the total loss of the regiment. including killed, wounded and missing, officers and men, being nine hundred and forty. Regimental Headquarters wa: located in Suippe- on October I Oth and the battalions were stationed around Suippes. While in this area the troop* On October I4ih Regimental Headquarters moved to Bouy ancT~the battalions were billeted in surrounding camps and towns. Th- regiment received replace- ment, drills w re resumed, and new clothing was issued. Good food md -ulfiuent test revived the spirit: of the men wonderfully . A certain percentage of the officers and men were grunted liberty each day to Chalcne-sur-Marne. Admiral Mayo of the Navy and Major General Lejeune, commanding the second Division, reviewed the regiment while in this area. On October 19th the Marine Brigade was placed pro- visionallv ai ihe disposal ot the IX Army Corps, French, to hold the ectcr of the 73rd Division, French, in the region Att.gny — Voneq — Ai*nc River. I he order: provided lor a march o! the Brigade on October 20th to the area Suippes — Nantivet Somnv-Suippes and adjacent
 * a> no attack. The 1 42nd Regiment, 36th Division, was partially suc-
 * vere ^iven bat h? ap d_their clothing ddou-ecT.


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44 44 History of Sixth Regiment, U. S. Marines. On the morning of October 25th the regiment embussed in camions at Somme-Suippes. at 6 A.M., and proceeded to Les Islettes, where it wa* debussed and marched to camps along the Les Islettes-Losheres- Croix de Pierre road about five kilometers north-northeast of Les Islettes. Here the regiment camped until 3 P.M. of the following dav, with Regimental Headquarters at Camp Lenhart. On the aftern o on nf Ortnhe r 26th this jgj^muiLjT.) a rched through the Argon ne_ Forest^over difficult foacTs7~a nd arri ved early on The morning of October 27 th_i n an area south of~TimTnont. - 1 he troops were bivouaced in the woods west to the ExefmonTChaudron I" arm road and Regimental Headquarters was located at Chaudron Farm. The regiment remained in this area for four days, during Which time the men were given a much-needed rest. The nights and mornings were cold, but the days were bright and comfortably warm, and the men had their lull equipment — biankets and overcoats. Many reconnaissances were made of ihe front lines by the Intel- ligence personnel and company oilicers and non-comm .ssioned officers. The enemy had been pushed out of the Argonne Forest by the First American Army and the grand offensive, which was to push them across the Meuse and seize the important line of railroad communication be- tween Metz and Mezieres, and render helpless ihe Crown Pr nee s armv in the district of Rheims, was to begin. While bivouaced in the woods the regiment was subjected to some long range fire and there was some activity in the air. Enemy aviators paid nightly visits and dropped bombs. Dur ng the daytime enemy fliers paid much attention to Allied observation balloons and several of them were brought down. A large number of Allied anti-aircraft guns were in this area and during the hours in which observation was possible an almost constant anti-aircraft barrage was kept up. Enemy fliers also dropped much propaganda, serving to break the monotony of the stay in the woeds. The Regimental Commander held da ly conferences with the bat- talion commanders and explained the duties of all of the units of the regiment at the different stages of the proposed attack. The battalion commanders in turn explained the plan of the attack to all subordinate commanders, until practically all of the orhcers and non-commissioned officers of the regiment were familiar with the plan of attack, and each knew the task that was to be allotted to hm during the different staqes of the atlark. On the 29th of October the Regiment was issued twenty-five Browning automatic rifles. On the night of October 30th-3Jst the Regiment moved up into the forward ?rea, ol the 3rd Battalion of this regiment relieving the support battalion or the 166th Infantry in a position on the southern slope of a high hill a k lometer and a half south-southeast of Som- merance. The 2vA Battalion relieved the reserve battalion of the 166th

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46 46 History of Sixth Regiment, U. S. Marines. After advancing a short distance the front line was held up by machine pun nests in a little patch of woods just south of Si. Georges, this woods seemingly not having been touched by Allied artillery fire. It was in overcoming this resistance that Captain Overlon, in command of the 76th Company and an officer who had been through every action and distinguished himself every time, lost his life. During the whole first kilometer of the advance the enemy offered a very fierce resistance with machine gun and artillery fire, but by followng the barragr closely and fighting with their customary dash and bravery the troops succeeded in taking the hill just south of the Landres St. Georges road, which proved (o be one of the enemy's principal lines of resistance. Upon arrival' at the first objective, at 8 A.M., the ^rd and 2nd Battalions passed through the 1st Battalion, in the order named, and the 1st Battalion followed a- reserve battalion. At 8:14 A.M. the command- ing officer of the 3rd Battalion sent the following message : "From : Commanding Officer, Third Battalion. To: Commanding Officer, Sixth Regiment. My two leading companies are on 1st objective. Following com- panies on ridge in position to advance at proper time. Few casual- ties. Barker is near me. Have met two companies of Williams' back of St. Georges. Made good time since last message. G. K. Shuler." While the companies were being reorganized and the 3rd Battalion was taking up the front line, the Allied barrage remained stationary in front of this regiment's position There was little enemy artillery fire, the enemy at that time toeing engaged in moving back his guns, The troops took advantage of the beautiful clear day to snatch a half hour's rest before continuing the advance. At 9:00 A.M. the 3rd Battalion resumed the advance as the leading battalion, closely following the barrage until the second objective was reached at 12:30 P.M. At II A.M. the following message was sent: "From : Commanding Officer, Third Battalion. To: Commanding Officer. Sixth Regiment. We are in Chennery and Bayonville and passing up to second ob- jective. Took about 100 prisoners here by using tank, assisted by riflemen. About 100 enemy retreated from their guns to woods south- east of Sivry. The woods north of second objective should be well- shelled. Have taken 6—88s. Scouts just reported that we have Chemery and Bayonville. Enemy is shelling from wood north of Bayonville. G. K. Shuler." The tanks assigned to this regiment gave great assistance in reducing enemy machine gun nests. Three tanks assigned to the 3rd Battalion, after the first objective had been reached, were assigned by the battalion


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48 48 History of Sixth Regiment, U. S. Marines. 2nd- 3rd the 23rd Infantry passed through this regiment and took up th/» advance toward the exploitation line. This reg ment followed as support in column of battalions in the following order : 2nd Battalion, 1st Battalion and 3rd Battalion with a thousand yards between battalions. On November 2nd Major Barker was evacuated to the hospital on account of sickness, being succeeded in command by Major Maurice S. Berry. 1 he 3rd Brigade reached its objective at 8 A.M., this regiment bene in support went into bivouac in the following positions; 2nd BattJion y in woods a kilometer and a half northwest of Fosse; the 1st Battalion* a half kilometei north of Fosse and the 3rd Baitalion in the ravine half a kilometer southwest of Fosse. Regimental Head- quarters moved horn Chennery to Fosse on the morning of November 3rd. In accordance with Operations Memorandum No. 30, Head- quarters Fourth Brigade, dated 4 November 1918, the liaison detach- ment under command of Major Stowell rejoined this regiment, and Maior Stowell assumed command of the 1st Battalion. The afternoon and night of November 3rd were spent in this position. The kitchens wer^ brought up and the men »;ven hot food. On the afternoon of November 4th this regiment moved to the Belval Bois des Dames area where it wr. held in support of the 5th Regiment, which was then hold- ing the right subsector of the divisional front. The regiment remained n this area until after the 7th of November. While in this area the constant exposure to the cold and rain caused much sickness among the troops and resulted in such a great number of evacuations that the effective fighting strength of the regiment was reduced to approximately one thousand men The fact that the advance was to be pushed in a vigorous manner had necessitated orders that the men leave their packs behind. During the advance, however, most of the troops had salvaged some blankets and extra clothing, but the several days of rain had made it practically impossible for them to spend a moments time in comfortable rest or sleep since the attack started on the morning of November 1st. On the afternoon of November 7th the regiment marched to Bois de Sommauthe and Regimental Head- quarters were established in Sommauthe on November 8th. Upon arrival at Sommauthe the Regimental Commander held a conference with the battalion commander and explained to them the plan for the proposed crossing of the Meuse river, on the night November 8th-9th. In accordance with orders from the 4th Brigade Headquarters, November 8th, this crossing was postponed until the night of November 9th-IOth, and the battalions were marched to the woods southwest of Thibaudine Farm where they bivouaced for the night. On the after- noon of November 9th, in compliance with telephonic instructions from Headquarters 4th Brigade, the battalions were marched to Bois du Fond de Limon, where they were held vo readiness to make the crossing at


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50 50 History of Sixth Regiment, U. S. Marines. The morning or the 12th of November found this regiment in sup- port of the 23rd Infantry, which was holding the front line of the 2nd Division on the west bank of the Meuse River from the village of La Faubourg to Villementry. The disposition of the regiment was as follows : Regimental Headquarters and Headquarters Company at Yoneq; the 1st Battalion, 73rd M.G. Company, 2nd and 3rd Battalions in the Bois du Fond de Limon; the Supply Company at Beaumont. On the afternoon of the 12th the 2nd Battalion was sent to La Basace to salvage the battlefield in that vicinity. Cn the morning of November 13th the 3rd Battalion of this regiment relieved the battalion of the 23rd Infantry which was holding the front line. The disposition of the bat- talion* was as fellows : Two companies at La Faubourg aryd two com- panies at Villemontry. Regimental Headquarters and Headquarters Company moved to Villemontry on the afternoon of the 13th of Novem ber. On the morning of the 14th the 1st Battalion of the 308th Regi- ment relieved the two companies of this regiment which were stationed at La Faubourg. Upon being relieved these two companies proceeded to Villemontry. where they were billeted. The regiment remained in this area until the morning of November 17th. At 7 A.M. on the morning of November 17th this regiment, as part of the main body of Column No. 2, 2nd Division took up the march to the Rhine. Route of march : Pouilly — Inor — Olizy — Olizy-sur -ChieU — La Ferte. The entire regiment was billeted for the night in the town of La Ferte The regiment resumed the march to the Rhine at 7.30 A.M. ot November 18th. route of march: Margut — Villers— La Soye. llie regiment was billeted as follows ; Regimental Headquarters at Belle- lontame; the 3rd Battalion and Supply Company at La Hage; 1st and 2nd Battalions at Tintigny. On the morning of this day the regiment crossed the border into Belgium. The regimental band played and the troops were jiven a rousing welcome by the inhabitants who lined both sides of the road. On the mDrning jf Novembei 20th this regiment passe,d through (he 5th Regiment and continued the m.iith as Advai.ce Gu ird of Column No. 2. Route of march: Etalle — Vance — Arlons. "1 he regiment was billeted for the night as follows : Rekimenlal Headquarters and Head- quarters, Company. 1st Battalion. 73rd M.G. Co. at Arlons; 2nd Bat- talion at Tontehnge; 1st company of the 3id Battalion at Frassern; three comoanies and Headquarters of the 3rd Battalion and Supply Company at Bonnert. The march was resumed on the morning of November 21st. Route of march : Oberpallen — Beckerich — Nordingen — Ewelingen, Luxem- oourg. The regiment was billeted for the night as follows : Regimental Headquarters, 1st Battalion. 73rd M.G. Company and Supply Company


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52 52 History of Sixth Regiment, U. S. Marines. of the 1st Battalion at Heilbach; 2nd Battalion at Simmelbaum; Battalion Headquarters and 2 companies of the 3rd Battalion at Plaschied; 2 corn- pan es of the 3rd Battalion at Scheurin; 73rd M.G. Company at Heil- hach. The march was resumed on the morning of December 2nd. Route of march : Waxweiler — Lunebach. The regiment billeted for the night ?s follows : Regimental Headquarters, Headquarters Company, Supply Company, 1st Battalion and 73rd M.G. Company at Lunebach; Battalion Headquarters and 2 compan es of the 2nd Battalion at Heilhausen; 2 companies of the 2nd Battalion at Pintesfeld; Battalion Headquarters and 2 companies of the 3rd Battalion at Lambertsburg; I company of the 3rd Battalion at Greimelscheid, I company of the 3rd Battalion at Har- garten. The march was again resumed on the morning of December 3rd. Route of march : Bronsgeld— Prum — Budesheim. Troops of the regi- ment were billeted for the n'glit as follows : Regimental Headquarters, Headquarters Company and Supply Company at Rommersheim; Battalion Headquarters and 2 companies of the 2nd Battalion at Gendenbrett; 2 companies of the 2nd Battalion at Waschied; 3rd Battalion at Giesdorf; 1st Battalion and 73r,d M.G. Company at Flormgen. On December 4th the 2nd Division remaned in place and the Regimental Commander, realizing that ihe march for December 5th was to be unusually long one, obtained permission io make the following troop movement in order to shorten the following days march : Regimental Headquarters, Head- quarters Company and Supply Company from Rommersheim to Waller - sheim; Battalion Headquarters and 2 compan es of ihe 2nd Battalion from Gendenbrett to Gondelsheim; 2 companies of the 2nd Battalion from Waschied to Weinsheim; 3rd Battalion from Geisdorf to Duppach 1st Battalion and 73id M.G. Company remained in place at Flenngen. On the morn ng of December 5th this regiment passed through the 5th Regiment and look up the march as advance guard of Column No. 2, 2nd Division. Route of march : Shortest available route. The regiment was billeted for the right as follows : Regimental Headquarters, Supply Company, 2nd Battalion and 3rd Battalion at Hillesheim; Headquarters Company at Wallesdorf, 1 st Battalion at Berndorf; 73rd M.G. Company at Berndorf. The march was again resumed on the morning of December 6th. Route of march : Wiesbaum — Dollendorf — Udelhoven. The regiment was billeted for the night as follows : Regimental Headquarters, Head- quarters Company, Battalion Headquarters and 3 companies of ihe 2nd Battalion and the Supply Company at Dollendorf; battalion Headquar- ters and 3 compan'es of (he 1st Battalion at Leudersdorf; I company of the 1st Battalion and 73rd M.G . Co. at Nieder Hho; Battalion Head- quarters and 2 companies of the 3rd Battalion at Udelhoven, 2 companies


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54 54 History of Sixth Regiment, U. S. Marines. On December 16th this regiment took over the left half of the 4th Brigade subsector with the following disposition of troops : The 1st Battalion holding the front line with Battalion Headquarters, 73rd M.G. Company, 75th Company and 3 platoons of the 74th Company stationed in Honningen; 95th Company at Honborn Farm, 2 platoons of the 76th Company at Ariendorf; 1 platoon of the 74th Company as liaison platoon with the 5th Regiment at Bremscheid; 2 platoons of the 76th Company at outposts Nos. 1, 2 and 3 on outpost line; the 2nd Battalion in support of the 1st Battalion and billeted in Rheinbrohl; the 3rd Battalion as regimental reserve, at Leutesdorf; Regimental Head- quarters, Headquarters Company at Leutesdorf; Supply Company one kilometer north of Leutesdorf on the Leutesdorf-Brohl road. In addition to the outposts established on the observation line, guards were placed at all ferry landings and railroad stations and frequent patrols made along ihe banks of the Rhine. Work was immediately started on the defenses of the sector, front line trenches pegged in and machine gun positions located. A drill schedule had been drawn up and being strictly adhered to, A number of theatre buildings had been taken over and var.ous regimental and divisional entertainment troupes, as well as entertainers of this regiment, made possible amusement of this form practically every night; athletics, including boxing and football which were encouraged; a certain percentage of the men were given excursions on boats provided by the Corps, to points of interest on the Rhine; liberty to Coblenz and other large towns was granted to a certain percentage of the men of the regi- ment each week. The men were well billeted, practically all sleeping in beds, and food was plentiful and good. The Sixth Regiment left Germany on 19 July, 1919, traveling in box-cars for forty-eight hours, arriving in Brest, France, on the 21st of July, 1919. The Regiment sailed with the Fourth Brigade of Marines on the S.S. GEORGE WASHINGTON and S.S. WILHELMINA, arriving at Pier No. I, Ffoboken, N. J. on 5 August, 1919, at 5 :00 p.m. The Regiment went into Camp Mills, arriving there at 2 ;00 a.m ., 6 August, and left Camp Mills at 7 00 a.m., 8 August, for New York, where the Second Division was formed lor parade. The Sixth Regiment of the Brigade of Marines was reviewed at I 1 0th Street, by Major General John A. Lejeune, Divisional Com- mander, following which, the 4th Brigade of Marines entrained, in Jersey City, for Quantico, Va., arriving there 9 August, 1919, at 7 :00 a.m. The Brigade of Marines prepared themselves for the final review, and left Quantico at 4:00 a.m., 12 August, for Washington, and formed at the Capitol at 12 .00 noon, and were reviewed by President Woodrow Wilson. After the review, the command entrained for Quantico, where


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56 56 History of Sixth Regiment, U. S. Marines. April, 1927, on the S.S. PRESIDENT GRANT, arriving at Olongapo, P. I., on 4 May, 1927, disembarking the next day. on 5 May, the designation of the 3rd Battalion, Sixth Regiment, was changed to that of 3rd Battalion. Sixth Regiment, Provisional Regime-U, Third Brigade. While the Sixth Regiment was at Shanghai, the work of improving conditions at Camp Butler was carried on. During this period, a couple of shots were heard near the camp, but investigation could not reveal the origin. The S.S. PRESIDENT LINCOLN requested a detach- ment of marines to quell a disturbance aboard that ship and a detach- ment ,6f three officers and rwo platoons of enlisted men was sent aboard, returning to camp the next morning. There had been no difficulty in maintaining order among the crew aboard the ship. At 12:40 p.m ., I June, 1927, orders were received from Brigade Headquarters to break camp and load supplies aboard the HENDERSON, and be prepared to sail at any time. At 12 :00 noon, 2 June, 1927, the Sixth Regiment sailed aboard the HENDERSON, arriving at Taku Bar at II :00 p.m., 4 June, 1927. The forward echelon, composed of the Regimental Commander, RI, R-2, R-4, and Assistant to R-4, left the HENDERSON at 10 :00 a.m., on June, 5, arriving in Tientsin by rail and establishing Regi- mental Headquarters at the Sino-American Compound at 5 :30 p.m., that date. At 2 :00 p.m ., 5 June, the first lighter, carrying troops and provisions, left the HENDERSON and proceeded up the HAI HO RIVER to Tientsin, arriving there at 10 :30 p.m ., immediately establish- ing themselves at the Sino-American Compound. The following day, Camp Woodrow Wilson, in the Ex-German Concession was established, and the entire regiment, less the 78th, 81st, Headquarters and Head- quarters Company, 2nd Battalion, moved into camp. The Regimental Quartermaster had established storerooms at the Fairchild Godown, Taku Road, and Commissary storerooms at No. 116, the Bund. (British Concession). Throughout the summer, parades, drills, reviews, etc., were held, except during the hottest part of the summer, when all drills, and woik, other than routine camp duties, were suspended. The command suffered greatly from the heat and the forthcoming autumn was greeted with great relief from the excessive heat. During the month of September, the 80th arvJ the 79th Companies went to the International Rifle Range, Peking, China, to fire for qualifi- cation. Throughout the ensuing winter, the billets, into which the organiza- tion had moved, were remodeled, cleaned, and, in addition, drills and instructions were carried on. The winter was so severe that it was necessary to make fur caps a part of the uniform.


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20 *2 History of Sixth Regiment, U. S. Marines. mental Headquarters was moved to Maison Blanche on June 23rd. The following night the 1st Battalion moved from Nanteuil up into the woods northwest of Lucy-le-Bocaae, where it was held as Brigade reserve. Every night ambush patrols were sent out and working parties put up wire in front of the sector, for the enemy was expected to make a general attack at almost any moment. On June 24th Major Shearer's battalion of the 5th Regiment attacked and succeeded in driving the enemy from his position in the northeastern part of the Bois de Belleau. On June 28th Regimental Headquarters moved to La Boie du Chatel. That night the 1st Battalion relieved the 3rd Battalion in the southeast cornor of the Bois de Belleau. Qri July 2nd three hundred men and about twenty officers were sent to Paris to take part in the Fourth of July parade. On the nights of July 5th and 6th the 103rd Infantry relieved this regiment, which immediately took up positions on the Army reserve line near Bezu-le-Cuery with two battalions in the line and the other at Nanteuil in leserve. Regimental Headquarters was established at Pisso- loupe. 1 he battalions were each given a three or four days' stay in the reserve position at Nanteuil, v^here the men had daily swims in the Marne. On July 1 6th Major Hughes returned to the Regiment, assuming command of the 1st Battalion. During the stay in the Chateau Thierry salient this Brigade stopped the enemy's advance on their front, drove them back from 1-1/2 to 2 kilometers on a four-kilometer front, captured approximately fifteen hundred prisoners and repulsed four counterattacks. The casualties of this regiment were approximately two hundred and ninety-five officers and men killed and fourteen hundred wounded. On the night of July 16th the regiment embussed at Nanteuil for an unknown destination. The men thought they were going back to some quiet rest area, but they were sadly mistaken, for after riding all night and until noon of the next day the troops debussed at Brassoir in the Soissons sector. From here they hiked to positions in the Villers- Cotterets forest. This was one of quickly-executed moves, planned by Marshall Foch, which proved to be wholly unexpected by the enemy. Ihe troops were massed in the forest under cover from enemy observa- tion This regiment, after marching for twenty kilometers in a heavy rain storm, over crowded roads, finally went into bivouac in the Bois de Retz. Violent artillery action in the surrounding forest at dawn of July 18th gave notice that the attack had begun. This regiment was divisional reserve and followed about three kilometers in rear of the attacking troops. The great number of prisoners we passed on their way to the rear showed that the initial attack had been a complete success. The regiment bivouaced for the night some two kilometers behind the •n e w line at Beau Repairs Farm. Officers and men were in high spirits


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BOUT an hour’s ride over a rough, rocky road, half flooded with water, and through a forest of oaks of Bashan, brought us to Dan.

From a little mound here in the plain issues a broad stream of limpid water and forms a large shallow pool, and then rushes furiously onward, augmented in volume. This puddle is an important source of the Jordan. Its banks, and those of the brook are respectably adorned with blooming oleanders, but the unutterable beauty of the spot will not throw a well-balanced man into convulsions, as the Syrian books of travel would lead one to suppose.

From the spot I am speaking of, a cannon-ball would carry beyond the ‘confines of Holy Land and light upon profane ground three miles away. We were only one little hour’s travel within the borders of Holy Land—we had hardly begun to appreciate yet that we were standing upon any different sort of earth than that we had always been used to, and yet see how the historic names began already to cluster! Dan—Bashan—Lake Huleh—the Sources of Jordan—the Sea of Galilee. They were all in sight but the last, and it was not far away. The little township of Bashan was once the kingdom so famous in Scripture for its bulls and its oaks. Lake Huleh is the Biblical “Waters of Merom.” Dan was the northern and Beersheba the southern limit of Palestine—hence the expression “from Dan to Beersheba.” It is equivalent to our phrases “from Maine to Texas”—“from Baltimore to San Francisco.” Our expression and that of the Israelites both


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Rh mean the same—great distance. With their slow camels and asses, it was about a seven days’ journey from Dan to Beersheba—say a hundred and fifty or sixty miles—it was the entire length of their country, and was not to be undertaken without great preparation and much ceremony. When the Prodigal traveled to “a far country,” it is not likely that he went more than eighty or ninety miles. Palestine is only from forty to sixty miles wide. The State of Missouri could be split into three Palestines, and there would then be enough material left for part of another—possibly a whole one. From Baltimore to San Francisco is several thousand miles, but it will be only a seven days’ journey in the cars when I am two or three years older. If I live I shall necessarily have to go across the continent every now and then in those cars, but one journey from Dan to Beersheba will be sufficient, no doubt. It must be the most trying of the two, Therefore, if we chance to discover that from Dan to Beersheba seemed a mighty stretch of country to the Israelites, let us not be airy with them, but reflect that it was and is a mighty stretch when one can not traverse it by rail.

The small mound I have mentioned a while ago was once occupied by the Phenician city of Laish. A party of filibusters from Zorah and Eschol captured the place, and lived there


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480 in a free and easy way, worshiping gods of their own manufacture and stealing idols from their neighbors whenever they wore their own out. Jeroboam set up a golden calf here to fascinate his people and keep them from making dangerous trips to Jerusalem to worship, which might result in a return to their rightful allegiance. With all respect for those ancient Israelites, I can not overlook the fact that they were not always virtuous enough to withstand the seductions of a golden calf. Human nature has not changed much since then.

Some forty centuries ago the city of Sodom was pillaged by the Arab princes of Mesopotamia, and among other prisoners they seized upon the patriarch Lot and brought him here on their way to their own possessions. They brought him to Dan, and father Abraham, who was pursuing them, crept softly in at dead of night, among the whispering oleanders and under the shadows of the stately oaks, and fell upon the slumbering victors and startled them from their dreams with the clash of steel. He recaptured Lot and all the other plunder.

We moved on. We were now in a green valley, five or six miles wide and fifteen long. The streams which are called the sources of the Jordan flow through it to Lake Huleh, a shallow pond three miles in diameter, and from the southern extremity of the Lake the concentrated Jordan flows out. The Lake is surrounded by a broad marsh, grown with reeds. Between the marsh and the mountains which wall the valley is a respectable strip of fertile land; at the end of the valley, toward Dan, as much as half the land is solid and fertile, and watered by Jordan’s sources. There is enough of it to make a farm. It almost warrants the enthusiasm of the spies of that rabble of adventurers who captured Dan. They said: “We have seen the land, and behold it is very good. * * * A place where there is no want of any thing that is in the earth.”

Their enthusiasm was at least warranted by the fact that they had never seen a country as good as this. There was


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( 62 ) STORY I. The Sufi's Beast (p. 103).

After anecdotes of the man, in the time of 'Omar, who mistook his eyelash for the new moon, of one who stole a snake and got hitten by it, and of 'Isa's foolish disciple who besought the Lord to teach him the spell whereby he raised the dead, comes the following story.

A certain Sufi, after a long day's journey, arrived at a monastery, where he put up for the night, and strictly enjoined his servant to groom his ass carefully and give him plenty of litter and fodder. The servant assured him that his minute directions were superfluous, and promised to attend to the ass most carefully; but when his master's back was turned he neglected the ass, and the poor animal remained all night without water or food. Consequently he was weak and unfit to travel next morning, and in spite of the blows and kicks that were showered on him, could not carry his master, but had to be led. The other Sufis who were travelling with his owner thought that the ass was useless, and when they arrived at the place where they halted for the night, they sold the ass to a traveller, and with the proceeds of the sale bought delicate viands and torches, and made a feast. The owner of the ass, who was ignorant of this transaction, shared the feast, and joined in the chorus sung by the others, "The ass is gone, the ass is gone," without attaching any sense to the words, and blindly following their example. Next morning he asked his servant what had become of the ass, and the servant told him it had been sold, adding that he thought he had known it overnight, because he had heard him singing "The ass is gone" along with the other

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Rh rent equipment, to persons and agencies that, in cooperation with and subject to the approval of the Secretary, render services or perform functions that facilitate or supplement the activities of the Department of the Interior in the administration of the System. The reimbursements may be credited to the appropriation current at the time reimbursements are received.

(f) —The Secretary may contract, under terms and conditions that the Secretary considers to be in the interest of the Federal Government, for the sale, operation, maintenance, repair, or relocation of Government-owned electric and telephone lines and other utility facilities used for the administration and protection of the System, regardless of whether the lines and facilities are located within or outside the System.

(g) —The Secretary may acquire—
 * (1) rights of way necessary to construct, improve, and maintain roads within the authorized boundaries of any System unit; and
 * (2) land and interests in land adjacent to the rights of way, when—
 * (A) considered necessary by the Secretary—
 * (i) to provide adequate protection of natural features; or
 * (ii) to avoid traffic and other hazards resulting from private road access connections; or
 * (B) the acquisition of adjacent residual tracts, which otherwise would remain after acquiring the rights of way, would be in the public interest.

(h) —
 * (1) —The Secretary may operate, repair, maintain, and replace motor and other equipment on a reimbursable basis when the equipment is used on Federal projects of the System, chargeable to other appropriations, or on work of other Federal agencies, when requested by the agencies.
 * (2) —Reimbursement shall be—
 * (A) made from appropriations applicable to the work on which the equipment is used at rental rates established by the Secretary, based on actual or estimated cost of operation, repair, maintenance, depreciation, and equipment management control; and
 * (B) credited to appropriations currently available at the time adjustment is effected.
 * (3) —The Secretary may rent equipment for fire control purposes to State, county, private, or other non-Federal agencies that cooperate with the Secretary in the administration of the System and other areas in fire control. The rental shall be under the terms of written cooperative agreements. The amount collected for the rentals shall be credited to appropriations currently available at the time payment is received.

§ 100902. Rights of way for public utilities and power and communication facilities

(a) —


text:
Page:United States Statutes at Large Volume 128.pdf/3138

128 STAT. 3114 :(1) —Under regulations the Secretary prescribes, the Secretary may grant a right of way through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for—
 * (A) electrical plants, poles, and lines for the generation and distribution of electrical power;
 * (B) telephone and telegraph purposes; and
 * (C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses.
 * (2) —A right of way under this subsection shall be for—
 * (A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and
 * (B) not more than 50 feet—
 * (i) on each side of the marginal limits of the ground; or
 * (ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.
 * (3) —A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest.
 * (4) —The Secretary may revoke a right of way under this subsection.
 * (5) —A right of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit.

(b) —
 * (1) —Under regulations the Secretary prescribes, the Secretary may grant a right of way over, across, and on through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for—
 * (A) electrical poles and lines for the transmission and distribution of electrical power;
 * (B) poles and lines for communication purposes; and
 * (C) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities.
 * (2) —A right of way under this subsection—
 * (A) shall be for not more than 50 years from the date the right of way is granted; and
 * (B) for—
 * (i) lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and
 * (ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities shall be for not more than 400 feet by 400 feet.


text: Page:Joan of Arc - Southey (1796).djvu/389


text:
Page:United States Statutes at Large Volume 128.pdf/3139

Rh :(3) —A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest.
 * (4) —The Secretary may forfeit and annul any part of a right of way under this subsection for—
 * (A) nonuse for a period of 2 years; or
 * (B) abandonment.

§ 100903. Solid waste disposal operations

(a) —.— [sic]To protect the air, land, water, and natural and cultural values of the System and the property of the United States in the System, no solid waste disposal site (including any site for the disposal of domestic or industrial solid waste) may be operated within the boundary of any System unit, other than—
 * (1) a site that was operating as of September 1, 1984; or
 * (2) a site used only for disposal of waste generated within that System unit so long as the site will not degrade any of the natural or cultural resources of the System unit.

(b) —The Secretary shall prescribe regulations to carry out this section, including reasonable regulations to mitigate the adverse effects of solid waste disposal sites in operation as of September 1, 1984, on property of the United States.

§ 100904. Admission and special recreation use fees

(a) —
 * (1) —Notwithstanding section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83, 111 Stat. 1561), the Secretary shall withhold from the special account under section 807(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6806(a)) 100 percent of the fees and charges collected in connection with any System unit at which entrance fees or admission fees cannot be collected by reason of deed restrictions.
 * (2) —Amounts withheld under paragraph (1) shall be retained by the Secretary and shall be available, without further appropriation, for expenditure by the Secretary for the System unit with respect to which the amounts were collected for the purposes of enhancing the quality of the visitor experience, protection of resources, repair and maintenance, interpretation, signage, habitat or facility enhancement, resource preservation, annual operation (including fee collection), maintenance, and law enforcement.

(b) —
 * (1) —Ten percent of the funds made available to the Director under subsection (a) in each fiscal year shall be allocated among System units on the basis of need in a manner to be determined by the Director.
 * (2) —
 * (A) —Forty percent of the funds made available to the Director under subsection (a) in each fiscal year shall be allocated among System units in accordance


text:
Page:United States Statutes at Large Volume 128.pdf/3140

128 STAT. 3116 :: with subparagraph (B) of this subsection and 50 percent shall be allocated in accordance with subparagraph (C).
 * (B) —The amount allocated to each System unit under this paragraph for each fiscal year based on expenses shall be a fraction of the total allocation to all System units under this paragraph. The fraction for each System unit shall be determined by dividing the operating expenses at that System unit during the prior fiscal year by the total operating expenses at all System units during the prior fiscal year.
 * (C) —The amount allocated to each System unit under this paragraph for each fiscal year based on fees collected shall be a fraction of the total allocation to all System units under this paragraph. The fraction for each System unit shall be determined by dividing the user fees and admission fees collected under this section at that System unit during the prior fiscal year by the total of user fees and admission fees collected under this section at all System units during the prior fiscal year.
 * (3) —Amounts allocated under this subsection to any System unit for any fiscal year and not expended in that fiscal year shall remain available for expenditure at that System unit until expended.

(c) —
 * (1) —When authorized by the Secretary, volunteers at System units may sell permits and collect fees authorized or established pursuant to this section. The Secretary shall ensure that the volunteers have adequate training regarding—
 * (A) the sale of permits and the collection of fees;
 * (B) the purposes and resources of the System units in which they are assigned; and
 * (C) the provision of assistance and information to visitors to the System unit.
 * (2) —The Secretary shall require a surety bond for any such volunteer performing services under this subsection. Funds available to the Service may be used to cover the cost of the surety bond. The Secretary may enter into arrangements with qualified public or private entities pursuant to which the entities may sell (without cost to the United States) annual admission permits (including Golden Eagle Passports) at any appropriate location. The arrangements shall require each such entity to reimburse the United States for the full amount to be received from the sale of the permits at or before the Secretary delivers the permits to the entity for sale.

(d) —
 * (1) —Where the Service provides transportation to view all or a portion of any System unit, the Director may impose a charge for the service in lieu of an admission fee under this section.
 * (2) —Notwithstanding any other provision of law, half of the charges imposed under paragraph (1) shall be retained by the System unit at which the service was provided. The remainder shall


text:
Page:Cicero (Collins 1871).djvu/22

10 a man by no means reticent as to his personal feelings, having been preserved to us. Atticus's replies are lost; it is said that he was prudent enough, after his friend's unhappy death, to reclaim and destroy them. They would perhaps have told us, in his case, not very much that we care to know beyond what we know already. Rich, luxurious, with elegant tastes and easy morality—a true Epicurean, as he boasted himself to be—Atticus had nevertheless a kind heart and an open hand. He has generally been called selfish, somewhat unfairly; at least his selfishness never took the form of indifference or unkindness to others. In one sense he was a truer philosopher than Cicero: for he seems to have acted through life on that maxim of Socrates which his friend professed to approve, but certainly never followed,—that "a wise man kept out of public business." His vocation was certainly not patriotism; but the worldly wisdom which kept well with men of all political colours, and eschewed the wretched intrigues and bloody feuds of Rome, stands out in no unfavourable contrast with the conduct of many of her soi-disant patriots. If he declined to take a side himself, men of all parties resorted to him in their adversity; and the man who befriended the younger Marius in his exile, protected the widow of Antony, gave shelter on his estates to the victims of the triumvirate's proscription, and was always ready to offer his friend Cicero both his house and his purse whenever the political horizon clouded round him,—this man was surely as good a citizen as the noisiest clamourer for "liberty" in the Forum, or the readiest

title: Page:Cicero (Collins 1871).djvu/22


text: Page:Joan of Arc - Southey (1796).djvu/390


text:
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Rh hand with the dagger. He kept his life and his property safe through all those years of peril and proscription, with less sacrifice of principle than many who had made louder professions, and died—by a singular act of voluntary starvation, to make short work with an incurable disease—at a ripe old age; a godless Epicurean, no doubt, but not the worst of them.

We must return to Cicero, and deal somewhat briefly with the next few years of his life. He extended his foreign tour for two years, visiting the chief cities of Asia Minor, remaining for a short time at Rhodes to take lessons once more from his old tutor Molo the rhetorician, and everywhere availing himself of the lectures of the most renowned Greek professors, to correct and improve his own style of composition and delivery. Soon after his return to Rome, he married. Of the character of his wife Terentia very different views have been taken. She appears to have written to him very kindly during his long forced absences. Her letters have not reached us; but in all her husband's replies she is mentioned in terms of apparently the most sincere affection. He calls her repeatedly his "darling"—"the delight of his eyes"—"the best of mothers;" yet he procured a divorce from her, for no distinctly assigned reason, after a married life of thirty years, during which we find no trace of any serious domestic unhappiness. The imputations on her honour made by Plutarch, and repeated by others, seem utterly without foundation; and Cicero's own share in the transaction is not improved by the fact of his taking another wife as soon as possible—a ward of his

title: Page:Cicero (Collins 1871).djvu/23


text:
Page:United States Statutes at Large Volume 128.pdf/3141

Rh : be deposited in the same manner as receipts from fees collected pursuant to this section. Fifty percent of the amount retained shall be expended only for maintenance of transportation systems at the System unit where the charge was imposed. The remaining 50 percent of the retained amount shall be expended only for activities related to resource protection at those System units.

(e) —Where the primary public access to a System unit is provided by a concessioner, the Secretary may charge an admission fee at the System unit only to the extent that the total of the fee charged by the concessioner for access to the System unit and the admission fee does not exceed the maximum amount of the admission fee that could otherwise be imposed.

(f) —
 * (1) —In the case of each System unit for which an admission fee is charged under this section, the Secretary shall establish a commercial tour use fee to be imposed on each vehicle entering the System unit for the purpose of providing commercial tour services within the System unit.
 * (2) —The Secretary shall establish the amount of fee per entry as follows:
 * (A) Twenty-five dollars per vehicle with a passenger capacity of 25 individuals or less.
 * (B) Fifty dollars per vehicle with a passenger capacity of more than 25 individuals.
 * (3) —The Secretary may periodically make reasonable adjustments to the commercial tour use fee imposed under this subsection.
 * (4) —The commercial tour use fee imposed under this subsection shall not apply to the following:
 * (A) Any vehicle transporting organized school groups or outings conducted for educational purposes by schools or other bona fide educational institutions.
 * (B) Any vehicle entering a System unit pursuant to a contract issued under of this title.
 * (5) —This subsection shall apply to aircraft entering the airspace of—
 * (A) Haleakalā Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint in Haleakalā National Park or of Grand Canyon National Park; or
 * (B) any other System unit for the specific purpose of providing commercial tour services if the Secretary determines that the level of the services is equal to or greater than the level at the System units specified in subparagraph (A).

§ 100905. Commercial filming

(a) —
 * (1) —The Secretary shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects in a System unit. The fee shall provide a fair return to the United States and shall be based on the following criteria:


text:
Page:Cicero (Collins 1871).djvu/24

12 own, an almost girl, with whom he did not live a year before a second divorce released him. Terentia is said also to have had an imperious temper; but the only ground for this assertion seems to have been that she quarrelled occasionally with her sister-in-law Pomponia, sister of Atticus and wife of Quintus Cicero; and since Pomponia, by her own brother's account, showed her temper very disagreeably to her husband, the feud between the ladies was more likely to have been her fault than Terentia's. But the very low notion of the marriage relations entertained by both the later Greeks and Romans helps to throw some light upon a proceeding which would otherwise seem very mysterious. Terentia, as is pretty plain from the hints in her husband's letters, was not a good manager in money matters; there is room for suspicion that she was not even an honest one in his absence, and was "making a purse" for herself: she had thus failed in one of the only two qualifications which, according to Demosthenes—an authority who ranked very high in Cicero's eyes—were essential in a wife, to be "a faithful house-guardian" and "a fruitful mother." She did not die of a broken heart; she lived to be 104, and, according to Dio Cassius, to have three more husbands. Divorces were easy enough at Rome, and had the lady been a rich widow, there might be nothing so improbable in this latter part of the story, though she was fifty years old at the date of this first divorce.

title: Page:Cicero (Collins 1871).djvu/24


text: Page:Joan of Arc - Southey (1796).djvu/391


text: Page:Joan of Arc - Southey (1796).djvu/392


text:
Author:Ernö Rapée

Compositions

 * "When Love Comes Stealing" (1924)
 * "Angela Mia" (1928)

Composer

 * The Iron Horse (1924)

title: Author:Ernö Rapée


text:
Page:United States Statutes at Large Volume 128.pdf/3142

128 STAT. 3118 ::(A) The number of days the filming activity or similar project takes place in the System unit.
 * (B) The size of the film crew present in the System unit.
 * (C) The amount and type of equipment present in the System unit.
 * (2) —The Secretary may include other factors in determining an appropriate fee as the Secretary considers necessary.

(b) —The Secretary shall collect any costs incurred as a result of filming activities or similar projects, including administrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a).

(c) —
 * (1) —Except as provided in paragraph (2), the Secretary shall not require a permit or assess a fee for still photography in a System unit if the photography takes place where members of the public are generally allowed. The Secretary may require a permit, assess a fee, or both, if the photography takes place at other locations where members of the public are generally not allowed, or where additional administrative costs are likely.
 * (2) —The Secretary shall require and shall establish a reasonable fee for still photography that uses models or props that are not a part of the site’s natural or cultural resources or administrative facilities.

(d) —The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines that—
 * (1) there is a likelihood of resource damage;
 * (2) there would be an unreasonable disruption of the public’s use and enjoyment of the site; or
 * (3) the activity poses health or safety risks to the public.

(e) —
 * (1) —All fees collected under this section shall be available for expenditure by the Secretary, without further appropriation and shall remain available until expended.
 * (2) —All costs recovered under this section shall be available for expenditure by the Secretary, without further appropriation, at the site where the costs are collected and shall remain available until expended.

(f) —The Secretary shall establish a process to ensure that the Secretary responds in a timely manner to permit applicants for commercial filming, still photography, or other activity.

§ 100906. Advisory committees

(a) —To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may appoint and establish advisory committees in regard to the functions of the Service as the Secretary considers advisable.

(b) —Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) is waived with respect to any advisory commission or advisory committee established by law in connection with any System unit during the period for which the commission or committee is authorized by law.


text: The Kaleidoscope; or, Literary and Scientific Mirror


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 1


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2


text:
Page:United States Statutes at Large Volume 128.pdf/3143

Rh (c) —Any member of any advisory commission or advisory committee established in connection with any System unit may serve after the expiration of the member’s term until a successor is appointed.

(d) —Members of an advisory committee established under subsection (a) shall receive no compensation for their services as such but shall be allowed necessary travel expenses as authorized by section 5703 of title 5.

§ 101101. Authority to accept land, rights-of-way, buildings, other property, and money

The Secretary in the administration of the Service may accept—
 * (1) patented land, rights-of-way over patented land or other land, buildings, or other property within a System unit; and
 * (2) money that may be donated for the purposes of the System.

§ 101102. Authority to accept and use funds to consolidate Federal land ownership

(a) —The Secretary may—
 * (1) accept and use funds that may be donated in order to consolidate Federal land ownership within the existing boundaries of any System unit; and
 * (2) encourage the donation of funds for that purpose, subject to the condition that donated funds are to be expended for purposes of this section only if Federal funds in an amount equal to the amount of the donated funds are appropriated for the purposes of this section.

(b) —There are authorized to be appropriated for each fiscal year not more than $500,000 to match funds that are donated for those purposes.


text: Page:Virgil's Pastorals, Georgics and Aeneis - Dryden (1709) - volume 2.djvu/213


text: Public Law 113-287/Chapter 1009

title: Public Law 113-287/Chapter 1009


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4


text: Page:Virgil's Pastorals, Georgics and Aeneis - Dryden (1709) - volume 2.djvu/214


text:
Author:Inbe no Hironari

Works

 * Kogoshūi: Gleanings From Ancient Stories (1926) translated by Genchi Katō

title: Author:Inbe no Hironari


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 193


text: Page:The Chace - Somervile (1735).djvu/106


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 194


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 195


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 196


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 197


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 198


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 199


text:
Page:The House Without Windows.djvu/37

Rh Off fled the doe; and then the others could help with Eepersip. The doe ran on to get help from her mate. Back they came in no time, for a deer is one of the swiftest runners in the world. The buck flew at Eepersip’s captors--just too late, for the others had succeeded in getting Eepersip safely into the tent.

But what could they do with her? How could they keep her securely? And, even so, if she was going to continue acting wildly, how much better off were they with her? This was a new question, which no one had thought of. But they decided that, if they could keep her safely, she would become tamed and civilized again. The question of security was the most important just then. Better go home immediately and take Eepersip with them, later returning for their tent and their belongings. This they did, locking Eepersip in the house while they were getting their things; and as they went they rejoiced.

But now all the deer of the field, knowing that Eepersip, their beloved queen, had been taken from them, put their heads together. They intended to rescue her while her father and mother were sleeping, if they could only find where she had been taken. While they were lying down and thinking about it, a fawn came running up and

title: Page:The House Without Windows.djvu/37


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 200


text:
Page:The House Without Windows.djvu/38

30 poked its mother. It had followed softly, and knew just where Eepersip was kept. They all lay down to wait for the coming of night. At last evening came, and the deer fell asleep, leaving a night-watchman to arouse them later when the full moon was at its zenith. When the watchman signalled they arose and, with the little fawn leading, went down toward the Wraspanes' house. Eepersip was allowed to sleep out on the porch, but all its glass doors were closed and locked against her. The fawn led them straight to this place.

Eepersip could not go to sleep; she sat on the floor, whining softly in her misery. One of the bucks knocked gently on the glass door with his antler. Eepersip turned; a smile crept over her face at the sight of her beloved comrades. The buck, as softly as he could, broke one of the glass doors, wood and all. Then the deer, all except the fawn, bounded off to the field again.

The sound of breaking glass reached the ears of Mr. Ikkisfield, who was awake, all too late; for by the time he had wakened the others--which he did by shouting "Get up! get up! Sounds like high doings out there!"--Eepersip, on the little fawn's back, had vanished toward the field. The families, when they got to the porch, found only the broken door. Though they heard trampling

title: Page:The House Without Windows.djvu/38


text:
Page:The House Without Windows.djvu/39

Rh hoofs, they knew that it would be of no use to follow.

The families, after that adventure, were desperate; and they decided not to make any more plans just then, for winter was coming on rapidly, but to stay at the house until the next summer.

As for Eepersip, well, she was mighty glad to have got away unhurt. Happy again, she was soon sound asleep in the woods on the edge of the field, cuddled up underneath the doe which had saved her before. She wasn’t sure how to get along through the winter safely, but she had had such a splendid summer that she knew it would be foolish to give up her wild life now. She could manage somehow.

And so she did. She found that her parents had left her own heavy winter coat in the place where they had once found her sleeping; and this would be very helpful to her, she thought. She was also glad to realize that her parents, much though they wanted to get her back, didn't wish her to perish in the cold of winter. "They are nice people, after all!" she thought to herself.

With the coat and the prospect of warmth,

title: Page:The House Without Windows.djvu/39


text:
Page:The Mystery of the Blue Train.pdf/53

Rh "I—I don't know, Dad. How should I?"

"Of course you know," said Van Aldin. "He said something else, about his having his friends and not interfering with yours. What did he mean by that?"

"I don't know," said Ruth Kettering again.

Van Aldin sat down. His mouth set itself in a grim line.

"See here, Ruth. I am not going into this with my eyes closed. I am not at all sure that that husband of yours doesn't mean to make trouble. Now, he can't do it, I am sure of that. I have got the means to silence him, to shut his mouth for good and all, but I have got to know if there's any need to use those means. What did he mean by your having your own friends?"

Mrs. Kettering shrugged her shoulders.

"I have got lots of friends," she said uncertainly. "I don't know what he meant, I am sure."

"You do," said Van Aldin.

He was speaking now as he might have spoken to a business adversary.

"I will put it plainer. Who is the man?"

"What man?"

"The man. That's what Derek was driving at. Some special man who is a friend of yours. You needn't worry, honey, I know there is nothing in it, but we have got to look at everything as it might appear to the Court. They can twist these things about a good deal, you know. I want to know who the man is, and just how friendly you have been with him."

Ruth didn’t answer. Her hands were kneading themselves together in intense nervous absorption.

"Come, honey," said Van Aldin in a softer voice.


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 197/The Garret-Window


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 197/The Political Economist


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 197/From a Correspondent


text:
Page:The House Without Windows.djvu/40

32 there came a delightful idea into her head. On the edge of the meadow there was an old dilapidated fox-hole. It was very large already; and after about ten days of hard work Eepersip found that the passages could be made exactly large enough for her to crawl into. The earth was so loose and mouldy that it came away without difficulty. She crept down the tunnel a long way, digging as she went. Presently she came to a snug bedroom about five feet square and four and a half high, which was a little less than her own height. But she did not mind stooping, as long as she had this cunning room; besides, she could dig away the ceiling if she wanted to. The room was old and dirty, but Eepersip lined it entirely with grass. Digging around, in one corner she came upon a little packet made of leaves. Inside it were a few cordary-berries seeds ! She wondered who had made this packet--who had lived in this burrow before her. A person, of that she was sure. These seeds had not by any means rotted; they were still as moist and sweet as ever, and Eepersip rejoiced to them. Digging around some more, she discovered a small

title: Page:The House Without Windows.djvu/40


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 198/The Garret-Window


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 199/The Garret-Window


text:
Beatty v. Kurtz

A lot of ground had, in the original plan of an addition to Georgetown, been marked "for the Lutheran church," and by the German Lutherans of the place, had been used as a place of burial from the dedication and who had erected a school house on it, but no church; exercising acts of protection and ownership over it at some periods, by committees appointed by the German Lutherans; the original owner acquiescing in the same. This may be considered as a dedication of the lot to public and pious uses: and, although the German Lutherans were not incorporated, nor were there any persons who as trustees could hold the property, the appropriation was also valid under the bill of rights of Maryland. The bill of rights, to this extent at least, recognizes the doctrines of the statute of Elizabeth for charitable uses; under which it is well kown, that such uses would be upheld, although there was no specific grantee or trustee. This might at all times have been enforced as a charitable and pious use, through the intervention of the government, as parens patriæ, by its attorndy general or other law officer. It was originally consecrated for a religious purpose. It has become a depository of the dead; and it cannot now be resumed by the heirs of the donor. [584]

If the complainants in the circuit court were proved to be the regularly appointed committee of a voluntary society of Lutherans in actual possession of the premises, and acting by their direction to prevent a disturbance of that possession; under the circumstances of this case, there does not appear to be a serious objection to their right to maintain a suit for a perpetual injunction against the heirs of the donor, who sought to regain the property, and to disturb their possession. [584]

The only difficulty which presents itself upon the question, whether the complainants in the circuit court have shown, in themselves, sufficient authority to maintain their suit, is, that it is not evidenced by any formal vote or writing. If it were necessary to decide the case on this point, under all the circumstances, it might be fairly presumed. But this is not necessary; because this is one of those cases in which certain persons belonging to a voluntary society, and having a common interest, may sue in behalf of themselves and others, having the like interests, as part of the same society, for purposes common to all, and beneficial to all. [585]

APPEAL from the circuit court of the county of Washington.

The appellees filed their bill in the circuit court against Charles A. Beatty and John T. Ritchie, which states, in substance, that the late colonel Charles Beatty and George Frazier Hawkins, in the year 1769, laid out on lands belonging [p567] to them, and adjoining the town of Georgetown, a certain town known by the name of "Beatty and Hawkins's addition to Georgetown;" the lots whereof were laid down and distinguished on a plot, and disposed of by lottery. That Beatty in laying out the said addition, distinguished and set apart a certain lot or portion of ground in the said addition, for the sole use and benefit of the German Lutheran church; declaring the same to be their absolute right and property, to be held by them for religious purposes, and the use of said congregation, and caused the same to be so entered and designated in the plot of said addition, as now appears by the plot and papers on record in the clerk's office for Washington, to which they beg leave to refer: which plot and papers were recorded under authority of the act of Maryland 1796, ch. 54; which lot is described in the said plot of said addition, as the German Lutheran church lot, and also in the general plot of the town of Georgetown and its additions, deposited in the office of the clerk of the corporation of Georgetown. That soon after the lots in the said addition were laid off and disposed of as aforesaid, the said lot was taken possession of by the said German Lutherans, and was enclosed, and a church erected thereon; and hath been kept and held by them ever since, during a period, as they believe, of upwards of fifty years, and hath been used by them as a burying-ground for the members of the said church, with the avowed intention of building thereon another church or place of worship, the building first erected being decayed, whenever their funds would enable them to do so. That during all this period, neither their possession nor title hath ever been questioned, and the lot has been exempted from taxation at their request, by the corporation of Georgetown, as being church property. That Charles Beatty died about sixteen years ago, and without having made any conveyance of the said lot, and that Charles A. Beatty is his heir at law. They therefore pray that he may be made defendant, and be compelled to convey the title to the complainants, in trust for the German Lutheran church.

They further state that the defendant John T. Ritchie, without any pretence of title, disputes the title of complainants [p568] and their right of possession, and has undertaken to enter on part of the lot, and to remove tomb stones, &c. and they fear that he means to dispossess them: wherefore they pray subpœna, &c. and that they may be quieted in their possession of said lot, and that the defendant, Ritchie, may be enjoined from disturbing their possession; and for general relief.

The answer of the defendants in the court below, admits that Charles Beatty deceased, did designate a lot in his addition to Georgetown, by inscribing on the plot thereof these words, "for the Lutheran church;" that they always understood and believed that he meant by that inscription to manifest an intention to appropriate that lot to the use of the Lutherans, provided they would build on it, within a reasonable time, a house of public worship, which would conduce to diffuse piety, to enhance the value of his property, and to adorn his addition to Georgetown. But they deny that this inscription was ever meant, or could be interpreted to be a contract with the Lutheran church, to convey to that body the property in question. That the writing itself could not operate as a conveyance, and there was no consideration to sustain it as a contract. They deny that Charles Beatty ever declared the lot in question to be the absolute right and property of the Lutherans; or did, in any manner, by means thereof, hold out inducements to them or the public to purchase tickets in the pretended lottery mentioned in the bill, or to purchase and improve lots in that part of the town. They aver that no church had ever been built on it, and that its occupation by graves and a school house, was a use of it by no means beneficial to defendants, or him under whom they claimed.

The answer denies the possession averred in the bill; and also that there ever was an organized congregation of German Lutherans in Georgetown.

It avers also, that the lot in question has remained unenclosed for at least three fourths of the time since it became a part of Georgetown; and that the enclosures which occasionally surrounded it, were not erected by the complainants nor those whom they pretend to represent. The respondents [p569] admit that the lot was used as a burying ground; but aver that it was thus used by Beatty's permission, and not exclusively by the Lutherans, but the public generally. But they further say, that if the Lutherans had enjoyed the possession alleged in the complainants' bill, they might and should have enforced the rights thereby acquired at law, and ought not to have come into equity for a remedy. Finally, confessing that they had resumed possession of the property, they deny the authority of the complainants to act in behalf of the pretended German Lutheran church, and pray the same benefit of these defences as if they had been urged by plea to the bill.

The plaintiffs amended their bill, by stating, the German Lutheran church, mentioned in their bill, was composed of the members of the German Lutheran church in Georgetown, duly organized as such; "that the lot was set apart by C. Beatty," from and out of that "part of the said land, composing said addition," of which he, the said Beatty, was seised. "The said Beatty, by the said designation, declaration, and setting apart, holding out to the public, and to the German Lutherans particularly, inducements as well to purchase tickets in a lottery, by which the said lots were disposed of, as to purchase and improve that part of the town in other ways. And thereby meaning to transfer to the said German Lutherans, as soon as they should organize themselves into a congregation or church, all his right to said lot in fee, to be used for the religious purpose of such congregation or church, and thereby declaring that intention. That they organized themselves into a congregation or church, and erected a church, or house of worship on the said lot." That the complainants, and the congregation for whom they act, have called upon C. A. Beatty, and required a conveyance according to the promise and declared intent of the said Charles Beatty, deceased: that upon organizing the church or congregation aforesaid, certain officers, called a committee, were appointed to take charge of the concerns of the church; which appointments were, from time to time, made and renewed, and that complainants were appointed in 1824, and have continued to hold such appointment ever since.

[p570] To those amendments, the defendants answered, and denied all the allegations in the amended bill.

It was in evidence, that soon after this lot was thus set apart for the Lutherans, it was, with Colonel Beatty's permission, taken possession of by certain persons of that sect in Georgetown, who had a log house erected on it, which was called a church, and used as such frequently, and also as a school house by the German Lutherans. That in the year 1796, a German minister came from Philadelphia and was employed by them, and preached in this house for three months, being employed and paid by the German Lutherans of Georgetown; and about the year 1799, the congregation of German Lutherans, of which Travers, the witness in this cause, was one, employed a German minister, who officiated in said house for about nine months. Though divine service was frequently administered in that building, there was, at no other periods than those just mentioned, a stationed preacher who ministered to a congregation in regular attendance there, except a Mr Brooke, who was an Episcopal clergyman, and who, Dr Balch testifies, had possession of that building as a church in 1779. In the same, or the following year, a steeple was erected on the said house, in which a bell was hung, at the expense and by the direction of the German Lutherans of Georgetown. This building some years afterwards went to decay, and no church has been since rebuilt on the lot; though efforts have been since made for that purpose, and as late as 1823 a considerable subscription was raised, but not sufficient for the object.

During the whole period from 1769 to the bringing of this suit, the lot in question was generally under enclosures, put up at the expense of the Lutherans of Georgetown, and under the care and custody of a committee appointed by them. It has been continually so enclosed for more than twenty years, before the entry and claim set up by the defendants in this suit. The said lot has been also used by the Germans as a burying ground from the year 1769 till a short time before the bringing this suit, and has been called and known as the Dutch burying ground, and one of the witnesses, Styles, acted as sexton, under the orders of the committee of the [p571] congregation. It does not appear that the German Lutherans in Georgetown, ever were incorporated by law as a religious society.

It also appeared from the evidence, that from the year 1769, till within a month or two before the bringing this suit, no claim to the possession or property in the lot now in dispute, was ever set up by Col. Charles Beatty, or by either of the defendants; but on the contrary, Col. Charles Beatty, up to the time of his death, always declared it to be the property of the German Lutherans of Georgetown; his administrator, Abner Ritchie, who, it is stated, sold all his lots in said addition left by him at his death, never claimed or offered to sell the lot in question, as part of his property; that his son and heir the defendant, Charles A. Beatty, has repeated the same declarations to a witness, (Mountz) a few years before this suit—he expressed "his surprise, that the Germans had been so indifferent about getting their title to this property, as he was always ready and willing to give them a deed for it."

A witness, Mr Rhæffer, testified that in 1823, the defendant Beatty, in his presence, declared, "that the lot aforesaid was the property of the Lutherans, and that he was very anxious to make them a deed. He also confirmed the evidence of the other witnesses.

It also appeared from the evidence, that since the year 1769, the said lot has never been assessed for taxes to Col. Beatty or his heirs, nor have any taxes ever been paid by them. That it has always been recognized by the corporation of Georgetown, since their charter in 1789, as the church property of the Lutherans; and as such, has been exempted from taxation, with other church property in the town.

It was in evidence, that the Lutherans of Georgetown always had a church committee to act for them, and to take charge and custody of the lot in question; and the appellees constituted that committee from 1816, till the bringing this suit, and to the present time. In virtue of that appointment, when Ritchie entered on the premises, and threw down the fence and tombstones, they filed this bill for a conveyance [p572] in fee of the lot, to complainants as trustees for said church; to be quieted in the possession thereof; and for an injunction to restrain the appellants from disturbing their possession, or trespassing on said lot. The circuit court decreed a perpetual injunction against the defendants, the appellants; who, by their appeal, brought the case before this Court.

The cause was argued for the appellants, by Mr C. C. Lee; and for the appellees, by Messrs Key and Dunlop. Opinion

For the appellants it was claimed that the decree of the court below should be reversed, and the bill dismissed.

1. Because neither C. Beatty nor his son, ever did any act which divested either of them of the right of property and possession in the lot in question.

2. Because neither of them ever entered into any contract, (and least of all such an one as a court of equity will enforce), with the appellees, or those whom they pretend to represent, to convey to them or their pretended cestui que trusts the lot in question.

3. Because the appellees, or those whom they pretend to represent, have never had such an adverse possession of the lot as gave them a title to it.

4. Because, if they had, it was such a title as they might and should have enforced at law and not in equity.

5. Because the appellees have failed to show any authority in themselves to prosecute this suit.

Mr Lee contended that the only act done by C. Beatty or his heirs, which can be pretended to have divested them of the title to the lot in question, is the inscription by C. Beatty on the plot of the lot, of the words "for the Lutheran church." No possible interpretation of these can make them act as a conveyance; and the bill itself, which attempts to interpret them into a contract, and which seeks to have that contract specifically performed, necessarily admits the title of the lot to be still remaining in the appellants.

Dismissing then this point, as scarcely made in the case, it will be most perspicuously treated by considering the bill in reference to its different prayers, which are for specific [p573] performance, and to be quieted in possession. This leads directly to the point that the bill shows no contract of which equity will decree performance. The words relied on as creating a contract are the aforesaid inscription, "for the Lutheran church." But of the three requisites of a contract, two are wanting here, viz. parties and a price; and interpret them as you will, no mutuality can be pretended. This of itself is sufficient to prevent the assistance of a court of equity. Howel vs. George, 1 Mad. 12. Moreover, the contract alleged concerns lands, and must therefore, by the statute of frauds, be in writing. But there is no consideration mentioned in the contract as set out; and this has been too often decided to be an essential part of a contract, and therefore to be embraced in the written instrument, to need illustration from cited authorities. True, the plot of Beatty & Hawkins's addition to Georgetown, with the said inscription thereon, was recorded, as alleged in the bill, by the act of 1796, ch. 54; but the Court will perceive by inspecting that act, that it does not affect this discussion.

The appellees will doubtless insist on a part performance of the pretended contract, to relieve themselves from operation of the statute of frauds. This is a matter of fact, which the Court must decide on from the evidence. They will at least remember, that if the appellees rely on their pretended erection of a pretended church, as an execution on their part of the pretended contract, they admit that they were bound by that contract to erect a church; while it will be impossible to regard a log school house, afterwards converted into a dwelling house, and now destroyed, whoever may have called it a church and have preached in it, as such a building to be applied to such a purpose as is called for by a contract to build a church. And it may also be observed upon this part of the case, that this prayer of the bill was refused by the court below, and no appeal was taken from that decision.

As to the second prayer of the bill, he argued that it might be viewed under two aspects. 1. As regarding the complainants below, dispossessed by the defendants, and seeking to be repossessed and quieted; and 2. As regarding the [p574] complainants in possession, and seeking protection against the defendants as intruders or trespassers. Either view of the case is equally fatal to the bill; and for the same reason, because the proper remedy is at law. For, regarded under the first aspect, the bill is what is reproachfully termed an ejectment bill, and clearly condemned. Cooper's Plead. 125; Locker vs. Rolle, 3 ''Ves. Jun. 4, and Ryves vs. Ryves, 3 Ves. Jun.'' 343. And regarded under the second aspect, no precedent can be found to authorise it. The only species of bills which can be mistaken, as affording such a precedent, are bills of peace, and bills founded on the solet. But the least reflection will show, that this is not a case for a bill of peace; which is "made use of where a person has a right which may be controverted by various persons at different times, and by different actions," and "where there have been repeated attempts to litigate the same question by ejectment, and repeated and satisfactory trials." 1 ''Mad. Ch.'' 166. In short, bills of peace lie to prevent multiplicity of actions; and this is not pretended to be brought for that purpose.

Bills founded on the solet are used "where a man is entitled to a rent out of lands, as chief rents or quit rents, and from length of time the remedy at law is lost, or become very difficult;" relief has, in such case, been given in equity, on the sole ground of long and undisputed payment of the rent. 1 ''Mad. Ch.'' 29. But the appellees in this case, or those whom they pretend to represent, never had such an adverse possession of the lot in question as gave them a title to it; and if they had, the argument supposes them in possession, and they can maintain all their rights at law without the aid of the court of equity.

He also contended, that whatever rights any society of German Lutherans might have to the lot, the appellees had shown no authority in them to prosecute their claim to those rights; and that the bill they had filed, regarded in its true light, is a bill to establish a legal title and to obtain a perpetual injunction. That such a bill is [p575] inadmissible, is clearly established by Wilby vs. The Duke of Rutland, 2 Brown's P.C. 41.

Mr Lee, in reply to the argument of the counsel for the appellees, said, the true sources of the success of the appellees in the court below were in the clamour about the pollution of the remains of the dead,—in the declamation about violating the sanctuary of the tomb; which triumphed before the inferior tribunal; and which now places the appellants, literally, in the situation which was but figuratively ascribed to Sextius—

Jam to premet nox, fabulæque manes, Et domus exilis Plutonia.—Hor.

And after all, the only thing done was by one of the appellants, who threw down a part of the enclosure of the lot in dispute; but it was that part which separated it from his own garden. Yet that is complained of as such a nuisance, as that the chancellor will prevent it by injunction! But while this is complained of as a nuisance, why is not that considered to which the appellants are subjected? It may well be that one will consent to have a grave yard in his vicinity, if it be hallowed by a church. The spire which points us to the skies, may reconcile us to the mound which tells of what is mouldering in the earth. But we object to the bane without the antidote,—the objects which awaken the mortal shudderings, without that which inspires the immortal hopes.

He contended that the old acts of Maryland referred to, were entirely inapplicable to this cause. That the case cited from 7 ''John. Ch. Rep.'' does not refer to perpetual injunctions; and that in the one cited from the 4th vol. of the same book, there was a dispute about boundaries, to ascertain and establish which has long formed a head of chancery jurisdiction; and that the extraordinary powers of one of the parties entitled the other to the extraordinary aid of the chancellor.

As to the possession contended for, Mr Lee insisted, that no persons were pointed out who held that possession; that the temporary committees were never incorporated, and there could have been no holding by succession; and that the appellees, so far from showing any authority vested in them to institute these proceedings, had even failed to show [p576] any congregation or religious society which could confer such an authority.

For the appellees it was contended:

The decree below, for a perpetual injunction, was right, if the appellees had title, either under the grant or by possession, and we contend that they had title under both.

1. Under the grant, three objections are made to it: that it is without consideration; that there is no certain grantee; that it is within the statute of frauds.

As to consideration, we admit the general rule to be, that equity will not lend its aid to enforce a mere voluntary agreement. But here there is a consideration. The diffusion of piety and promotion of religion are sufficient to support it. Besides there was a money consideration. The designation of this lot as a church lot, caused the tickets to sell, and enabled the grantor to dispose of his property. It is in proof, that the Germans were by this means induced to buy.

"That there is no certain grantee." It is agreed that upon general principles, this grant could not be executed in favour of a voluntary, unincorporated society, and that the statute of 43 Eliz. ch. 4, having been decided not to be in force in Maryland, no aid can be derived from that statute.

But this grant has had a legislative recognition; act of assembly of Maryland, 1796, ch. 54, sections 3 and 4. That act is as strong a recognition of the grant by the Maryland legislature, as if they had passed a special law with the assent of Beatty, declaring the lot in question to be the property of "the German Lutherans of Georgetown."

If such a special law had passed, would not the courts be bound to give effect to the intent of the legislature and donor. Would they not apply to it the principles of construction adopted by England, in relation to the 43 Eliz. and the charities provided for by that statute. See 4 Wheaton, appendix, p. 11.

It is also contended, that this grant is protected and made valid by the 34th article of the bill of rights of Maryland. The grant is within the exception contained in the 34th article, and that exception ought to have a liberal construction. [p577] Within the narrow limits prescribed by the exception, the principles of construction, adopted in England as to the 43 Eliz., ought to be applied. Within these limits it was, and had been, the policy of the people and legislature of Maryland, to favour the church. Acts of assembly of Maryland, 1704, ch. 38; 1722, ch. 4.

The last objection urged against the grant is, that it concerns lands, is not in writing, and is avoided by the statute of frauds. We answer, that the contract is in writing. The inscription on the plot is by Beatty himself, and describes the lot with certainty. But if it was not in writing, the contract has been performed, the gift executed, and possession delivered and retained, for more than fifty years.

If the grant was void for uncertainty of the donee, then it is contended, that the appellees, and those under whom they claim, have a good title by possession. The lot has been in their adversary possession, by actual enclosures, for more than twenty years.

Having title either under the grant or by possession, the only remaining question is, is there a right to the interference of a court of equity, to restrain Ritchie, the trespasser, by injunction.

It is said the only remedy is at law, for damages; that a court of equity has no jurisdiction to enjoin trespass. It is known that in ordinary cases of private trespass, the proper remedy is at law, for damages; and this has been found sufficient for the protection of property. But in cases of trespass, of a peculiar nature, where the mischief is irremediable, which damages could not compensate; where the injury reaches to the very substance and value of the estate, and goes to the destruction of it in the character in which it is enjoyed; the English court of chancery, and the courts of chancery of this country, are in the habit of granting injunctions.

To this point, and in support of the distinction here taken, cited the case of Jerome vs. Ross, 7 ''Johns. Cha. Rep. 332; also 6 Vesey'', 147. 7 Vesey, 307. 1 Brown, 588. 10 Vesey, 290. 17 Vesey, 128. 18 Vesey, 184.

If any case could justify the strong and menacing hand of [p578] an injunction, this is it. What damages can redress the feelings of the injured, or punish, as they ought, the aggressor. What trespass could more effectually destroy the property in the character in which it is enjoyed.

If the appellees had no other title but possession, the case of Varick vs. The Mayor, &c. of New York, 4 ''Johnson's Ch. Rep.'' 53, fully sustains the decree of the court below. In that case Varick, who applied for and got the injunction, set up no other title but possession for twenty-five years.

Chancellor Kent says, "after such a length of time, it is right and just that the plaintiff should be protected in his property, &c. The defendant must first acquire possession of the ground in dispute, not by forcible entry, but by regular process of law. The principle upon which the injunction is to be upheld is, that after a claim of right, accompanied with actual and constant possession for twenty-five years and upwards, the corporation of New York cannot be permitted, without due process of law, to enter upon possession, pull down buildings," &c.

In the case at bar, our adversary possession is long enough to take away the appellants' right of entry.

title: Beatty v. Kurtz


text: Talk:Beatty v. Kurtz

title: Talk:Beatty v. Kurtz


text: The Kaleidoscope; or, Literary and Scientific Mirror/Series 2/Volume 4/Number 200/The Garret-Window