text:
Page:Peterson Magazine 1869B.pdf/193

 192 UNDER THE ELM. GIVING AND WITHHOLDING.

“I dunno," says Squire Moss, kinder soft, “unless you take me instid of him. I’ve been thinking about coming over to see you for quite a spell; but I’ve had so much to do I hain’t got at it. Things is mighty bad this year, so much wet weather it starts the weeds rite ahead. What do you say, Mrs. March? Will you marry me?’

‘Lawful heart, Squire Moss! how you talk!” says I; and then the squire he put his arm round me, and give me a real old-fashioned smack, and-Wall, we are a going to be married next month, when the sign is in the heart, for good luck.

I sot my boarders all adrift the next day after the wedding of Cliffe and the widder, and I calkilate to keep any more never. The squire says he'll buy some ottermans, and things for our parlor, that'll take the shine off from Mrs. Brown's in no time at all.

UNDER THE ELM.

BY MATTIE WINFIELD TORREY. UNDER the elm, in the eventide, How we heard the uight-bird calling, As we watched the trailing shadows glide, When the twilight dews were falling, Drooping its trailing branches low, Down to the blush-red clover, Swaying and eddying to and fro, As the breeze of night swept over.

Under the elm, when the day was done, And the quiet night was darkling, How we watched the stars come, one by one, In the jeweled sky-vault sparkling. How we laughed and sung as the moon rode high, In the depth of ether sailing; And she seemed to pierce, with her shining eye, 'Neath the pliant branches trailing.

No longer now, as the years flow by, We lie on the blush-red clover, And listen and watch for the thrilling sigh Of the night-wind sailing over. No longer we sing, 'neath the silver moon, As the night-shades gather round us, But, ah! there's a spell in the olden time That close to the past has bound us.

And struggle and strive, as we ofttimes may, To break from the secret thralling. Our heart goes back to the olden time, When we watched the shadows falling; When, under the brauching elm-tree high, In the beautiful Summer weather, There fell a word, a blush, and a sigh, That bound two young hearts together.

Under the elm, you remember, sweet, How you bent to my wild caresses; You must have heard how my proud heart beat At the sweep of those queenly tresses. But you never, never could have known How our love-dream must be broken; And that I should be keeping our tryst alone, With the wraith of a grief unspoken.

GIVING AND WITHHOLDING.

BY N. F. CARTER. DENY not to the needy world thy mite, However small the offering may be; Give it a tribute of the love and light Charming thy life as balm the Summer sea. Denying, Is dying; Giving, Living!

The fountain, hoarding all its treasures up, At best is but a dark and stagnant pool ; But in the heat, still pouring from its cup, Gives fresher life with waters clear and cool. Denying, Is dying; Giving, Living!

In vain seem morning-glories of the Spring, With blue-bird and the robin ever mute; The tree is but a poor and worthless thing, Barren of singing leaves, and flowers, and fruit. Denying, Is dying; Giving, Living!

The air, to life-blood more than bread and wine, Without a constant giving, is a blight; The sun, so glowing, should it cease to shine, Would be an orb of blackness black as ut. Denying, Is dying; Giving, Living!

Then give, be ever giving, give to live; Upon the world bestow thy wealth of ire, Of gold, of strength, of service; live to ging, Till dawns the morning of the life above. Denying, Is dying; Giving, Living!

title: Page:Peterson Magazine 1869B.pdf/193


text:
Page:The Proletarian Revolution in Russia - Lenin, Trotsky and Chicherin - ed. Louis C. Fraina (1918).djvu/209

 A perfect appreciation of these latest diplomatic notes of the Tereschenko-Tseretelli combination we shall find in a place where we might at first not expect to find it, namely, in L'Entente, a newspaper published in French in Petrograd, and the organ of those very Allies to whom Tereschenko and Chernov swear an "unfaltering allegiance." "We readily admit," says this paper, "that in diplomatic circles the appearance of this note was awaited with a certain concern." … In fact it is not easy, as this official organ admits, to find a formulation of the conflicting aims of the Allies. "As far as Russia is concerned, particularly, the position of the Provisional Government was rather delicate and full of danger. On the one hand, it was necessary to reckon with the standpoint of the Council of Workers' and Soldiers' Delegates, and, as far as possible, to represent this standpoint: on the other hand, it was necessary to handle with kid gloves the international relations and the friendly powers, upon whom it was impossible to force the decision of the Council."

"And the Provisional Government has come out of this quandary shining and stainless." …

In the document before us, therefore, we have the main points of the revolutionary catechism set down, registered and sealed with the authority of the Provisional Government. There is no lack of any essential. All the lovely dreams, all the fine words of the dictionary, are properly mobilized. You will find there equality, liberty and justice in international relations—Donc tout y est—at least in words. The reddest of the comrades can make no reply; from this quarter the Provisional Government has nothing to fear. …

"But—how about the Allies?" asks L'Entente, "With the aid of close study and reading between the lines (!), with the aid of good will and friendship for the young Russian democracy, the; Allies will be able to find at various points in the note … certain pleasant words which are of a nature to reassure their somewhat waning confidence. They well know that the position of the Pro-

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


text: Poems (Allen)/"Blessed Dreams"

title: Poems (Allen)/"Blessed Dreams"


text: Poems (Allen)/Two Summers

title: Poems (Allen)/Two Summers


text:
Page:The Proletarian Revolution in Russia - Lenin, Trotsky and Chicherin - ed. Louis C. Fraina (1918).djvu/210

 visional Government is not an easy one, and that its efforts in prose must not be taken too literally. … The fundamental guarantee that the government gives to the Allies consists in the fact that … the agreement signed at London on September 5, 1914 (pledging no separate peace) is not to be revised. That completely satisfies us for the present."

And us too. As a matter of fact it would be different to utter a more contemptuous judgment on the Tereschenko-Tseretelli "prose" than that published by the official L'Entente, which draws its inspiration from the French Embassy. This estimate, while it is by no means unfriendly to Tereschenko or to those who stand behind him, is positively murderous to the "constructive labors" of Tseretelli, who has so warmly recommended to us the "plain, open language" of this document. "Nothing has been left out," he swears before the Congress, "it will satisfy the conscience of the reddest comrades."

But they are mistaken, these adepts in diplomatic prose: they don't satisfy anybody. Isn't it significant that the facts of actual life should answer the appeals of Kerensky and the remonstrances and threats of Tseretelli with such an awful blow as the revolt of the Black Sea sailors? We had been previously told that there among these sailors was Kerensky's citadel, the home of the "patriotism" that demanded an offensive. The facts once more administered a merciless correction. By adhering to the position of the old imperialistic agreements and obligations in external politics, and, in internal politics, capitulating before the propertied classes, it was impossible to unite the army through a combination of revolutionary enthusiasm and discipline. And Kerdnsky's "big stick" has fortunately thus far been too short.

No, this path, truly, leads nowhere.


text: Poems (Allen)/The Return of the Regiment


text: Poems (Allen)/An Old Portrait

title: Poems (Allen)/An Old Portrait


text: Poems (Allen)/Karl

title: Poems (Allen)/Karl


text:
Page:Peterson Magazine 1869B.pdf/195

 194 DEATH IN LIFE.

to the vaults beneath the chapel. If at any time she fails to be within that chamber when the hour of eight in the evening arrives, or should leave it before the hour of six in the morning, she will immediately forfeit all that I have herein bequeathed to her, which will become the property of my nearest kinsman, Philip de Saint Evremonde, or his heirs. This condition I annex for reasons which my wife will understand, and in the belief that ‘a pure conscience, and a devout spirit can make her happy even in that dismal chamber.’”

The voice of the notary ceased abruptly, and Philip started from his seat. With a cry of horror Vivienne had risen from her chair, and then fallen back again ghastly pale, and with closed eyes. But she had not fainted. The sound of Philip’s hated voice, as he directed the notary to summon her attendants, recalled her to herself: She opened her eyes, and her breath came in long, gasping sighs.

Oh! it was so cruel, so terrible a revenge!

She must fulfill the condition, for her mother would die if she were removed from the chateau; and Vivienne knew from the pitiless, triumphant look in the eyes of the bad man near her, that he would turn them both out to starve without scruple or regret.

Even in the first instant of her horror and surprise, she determined that her dying mother should never know the condition upon which she was allowed to live on in tranquil ease and luxury. ‘I shall only have to bear it for a little while,” thought Vivienne. “Then my dear mother will be at rest, and TI shall seek refuge in a convent. Only a little while! Oh, heaven! give me strength to bear it for my dying mother's sake.”

Then the young marquise rose from her chair with quiet dignity, and turning to Saint Evre- monde, said calmly, ‘‘Monsieur, I am ready ed fulfill the condition. It is hard—but I shall find strength for it.”

“Nay, madame, it is too hard!” he cried; catching her hand, and gazing into her face passionately. ‘That such loveliness should be condemned to a living burial is intolerable! There is a way to escape it. Become my wife—”

But Vivienne’s hand was snatched from his grasp, her eyes flashed, and her cheek crimsoned with anger and resentment.

“Monsieur, you insult me!” she cried, in clear, steady tones, without one shade of fear? or irresolution. ‘I would rather be buried alive in the vaults themselves than become your wife. Monsieur, I desire that you leave my house. Appoint as many persons as you please to see that I fulfill the conditions of my husband’s will; but let me be relieved from your presence, which is hateful to me.” She swept from the room with the haughty air of an in- sulted queen, and Philip was left raging with mortification and anger.

And Vivienne, once in her own apartment, the young marquise lay prostrate before the shrine in her little oratory, weeping, trembling, praying for strength and courage to Elise and Marion, her favorite attendants, found her in this frightful state, and it was many minutes before she could answer their frightened questions.’ At last, under promise of strict secrecy, Vivienne confided to them the terrible provision of her husband’s will, and rising with inforced calmness, she began to make preparations for going to her gloomy resting-place.

‘Madame, you shall not go alone. We will stay with you,” cried both the attached women.

Vivienne shook her head mournfully.

“I must remain there alone,” she said; ‘that is the condition.”

“Then I will spend the night in the chapel. I will sleep on the threshold of your chamber!” exclaimed Elise, vehemently.

“No, Elise,” said Vivienne, with quivering lips. ‘I shall be safe there. Heaven will pro- tect me. On you, Elise and Marion, do I rely to take care of my dear mother, and, above all, to conceal from her the cause of my absence. Tell her that I am very weary to-night, and have gone to rest. I cannot-see her now.”

“May we not go with you, madame, and make that terrible place more fit for your occupa- tion?” asked Elise, and without waiting for an answer, she began to collect the rich shawls and silken quilts that lay on the couch of the marquise.

The great clock of the chateau boomed out the hour of half-past seven. Vivienne started at the sound, and followed by her attendants, hurried through hall and passage till the chapel-door was reached.

Darkness had long ago gathered in the silent chapel, and the lamp that burned constantly before the altar shone out like a star amidst black clouds.

For a moment Vivienne prostrated herself near the altar, and her lips moved in prayer; then she opened with a trembling hand the heavy door of the vaulted chamber, and stood again amidst its shadows, and its chill and clinging vapors.

‘Madame! Madame! You will die here! Oh! is there no help? Must you stay here?” sobbed

title: Page:Peterson Magazine 1869B.pdf/195


text: Poems (Allen)/A Potomac Picture

title: Poems (Allen)/A Potomac Picture


text: Poems (Allen)/Away from Home

title: Poems (Allen)/Away from Home


text: Poems (Allen)/Thine

title: Poems (Allen)/Thine


text: Poems (Allen)/The Way to Youth

title: Poems (Allen)/The Way to Youth


text: Poems (Allen)/Tempt me no More

title: Poems (Allen)/Tempt me no More


text: Poems (Allen)/April

title: Poems (Allen)/April


text: Poems (Allen)/At the Gate

title: Poems (Allen)/At the Gate


text:
Page:Primitive Culture Vol 2.djvu/11

 CONTENTS OF THE SECOND VOLUME.

CHAPTER XII. ANIMISM (continued).

CHAPTER XIII. ANIMISM (continued).

title: Page:Primitive Culture Vol 2.djvu/11


text:
Page:Peterson Magazine 1869B.pdf/196

 DEATH IN LIFE. 195

Marion, shivering with fright, and gazing with terrified eyes around the low chamber, with its scanty furniture, which remained exactly as Vivienne had seen it on that dreadful night long months ago. Elise, though herself quivering with superstitious terror, was, meanwhile, occupied in spreading shawls and quilts over the velvet cover of the couch, in placing a flask of wine on the rough table, and in trying to give some appearance of comfort to the cell-like room. Vivienne, with faltering steps, had de- scended the stairs leading to the vaults, and examined the bars that fastened the iron doors at their foot.

“Why do you do that, madame?” asked Marion.’ “Bars, I have heard, avail nothing against——” She paused, checked by a warning look from Elise.

“There is another way of gaining access to the vaults,” answered Vivienne. “I do not know what treachery may be meditated. See, Marion, I am prepared to defend myself against other than spiritual terrors;’’ and Vivienne showed her a keen, glittering dagger fastened in her belt.

As she did so, a slight movement in the chapel startled them, and extorted a piercing shriek from Marion, who threw herself at Vivienne’s feet; and buried ber face in her mistress’ dress.

A figure glided into the dim light shed by a lamp Elise had placed on the table, and Duroc’s bloodless face gleamed out from the darkness.

Ah, Monsieur Duroc!” said Vivienne, speaking calmly, though her very lips were white with terror, you know why I am here, I pre- sume. @ shall certainly remain here. I bid you good-night, monsieur.”

An imperious wave of her hand motioned him to leave the chapel, and with a cringing bow he turned away.

“And now you must leave me,” said Vivienne, in a low, yet steady tone, to her attendants. Marion sobbed and clung conyulsively to the dress of her adored young mistress; but the calmer Elise raised her companion, arid then kissing fervently the hand Vivienne ‘extended to her, she exclaimed, “Madame, may our Blessed Lady, and all the saints watch over and guard you through this night!”

Vivienne would only bend her head silently in reply. She motioned to them to leave her.

tolled its slow, solemn warning. As the eighth stroke fell on her ear, she heard the chapel-door close behind her attendants, and all was silent—the silence of the grave.

Trembling, half fainting, she threw herself on the couch, and lay there, her heart beating in slow throbs, that sounded like thunder in her ears. She dared not close her eyes for fear some horrible shape would steal to the side of her couch; she dared not look toward the great, black ‘doors of ‘the vaults, there were such horrors behind them as chilled her blood to think She thought—though the thought seemed driving her mad—of the dead marquis lying there so néar her; of the mouldering dust and whitening skeletons in their coffins, with the silver on them tarnished, and the velvet palls slowly dropping into dust. The ghastly images her imagination pictured seemed to come crowding round her in the hill and gloom. They were there, those shapes of horror, close to her, lingering in the shadows. If she moved her eyes from the little flame of the lamp, which they had fixed themselves upon, she would see them—these pale spectres.

It seemed to her that hours passed, during which her eyes never moved from that dim, flickering flame. She was roused from that trance of terror by the sound of the clock striking the half-hour. She had been here, then, but one short half-hour! With a despairing shudder she closed her aching eyes for an instant. When she opened them arain— oh, horror! her lamp was out, and a sound stole through the room like a feint, long-drawn sigh. Wild with terror, Vivienne sprang up, and stood for an instant in the pitchy darkness; then the same iow, fluttering sigh breathed through the room, and her senses fled.

She knew not how long this merciful oblivion lasted. Waking at last to faint consciousness, she found herself lying, chilled and stunned, upon the stone floor, with the night-wind blow- ing coldly on her face. Darkness—thick dark- ness surrounded her; but as she lay there, conscious only of the horror to which she had returned, her eyes suddenly rested on an object which seemed to stand out of the surrounding gloom.

High up on the Wall the silver crucifix shone, appearing to emit a palé, miraculous light, faint, yet steady. It was surely a miracle, wrought to save her from death or madness!

In a transport of religious ecstasy, Vivienne dragged herself to the foot of the cross, and kneeling there, fixed her eyes upon it, and clasped her cold hands in half frenzied prayer.

title: Page:Peterson Magazine 1869B.pdf/196


text:
Page:Primitive Culture Vol 2.djvu/12

 CHAPTER XIV. ANIMISM (continued).

CHAPTER XV. ANIMISM (continued).

CHAPTER XVI. ANIMISM (continued).

title: Page:Primitive Culture Vol 2.djvu/12


text:
Page:Primitive Culture Vol 2.djvu/13

 CHAPTER XVII. ANIMISM (continued).

CHAPTER XVIII. RITES AND CEREMONIES.

title: Page:Primitive Culture Vol 2.djvu/13


text: Poems (Allen)/Peace

title: Poems (Allen)/Peace


text: Poems (Allen)/Lost

title: Poems (Allen)/Lost


text: Poems (Allen)/Nightfall

title: Poems (Allen)/Nightfall


text: Poems (Allen)/June

title: Poems (Allen)/June


text:
Page:Peterson Magazine 1869B.pdf/197

196 DEATH IN LIFE.

She could see nothing but that luminous cross—think of nothing but of the heaven that had pitied her, and sent her help.

The hours passed on, and still she knelt there, half leaning for support against the rough wall. Still her lips moved in passionate prayer, and her eyes never wandered from the faintly-shining cross.

Daylight found her there; and at last, when the hour of her release came, and Elise's voice sounded in trembling accents at her door, she rose and tottered out into the chapel, pale as death, with sunken eyes, and loose, falling hair, and garments dampened by the vapors of the vaults.

Yet the spirit of the Berangers still burned in those hollow eyes ; and when Duroc met her in the chapel with his usual obsequious bow, she said calmly, "You have kept good watch, monsieur, I am sure. Your employer has reason to be satisfied with you," and passed on with a steady step.

The day passed away in dutiful attendance upon her mother, who attributed Vivienne's pallor and weakness to her extreme grief for her husband's death, and said all she could to soothe and console her. When night drew on, and Vivienne prepared to leave her, Madame de Beranger entreated her to stay, but it was easy to excuse her absence to so gentle and yielding a person.

Vivienne took her hand, and said gently, " I am sure, dear mother, you will excuse me when I tell you that I leave you now-that I must always leave you at this hour-in order to obey a request of my husband's. He has left me something to do, which occupies me now. "

"Go, my dear child, " said her mother; "the requests of the dead are sacred. I would not keep you."

Another night of horror, of unspeakable ngony, alternating with wild ecstasies of prayer. But on the third night exhausted nature could endure no more. When Vivienne sought her gloomy cell, faint and trembling, she lay down upon the couch which Elise's care had made soft and warm. The lamp placed in a niche, which sheltered it from the sighing wind, shone steadily and calmly on the silver crucifix, and Vivienne's eyes fixed themselves on the holy symbol. Then in a moment her weary eyelids closed, and she sank into a slumber as profound and tranquil as an infant's. All through the long, dark night she slept till Elise roused her by her hurried, frightened calling at the door, and Vivienne, as she unbarred it, welcomed her with a smile, and said, with a little glow on her cheek, "I have had such sweet dreams, Elise. Would you believe that one could sleep well and dream sweet dreams here?"

Elise gazed upon her mistress with eyes of mingled love and awe as she answered warmly, " Yes, madame, those whom the saints love, and the angels guard, may have fair dreams and peaceful slumbers even here."

The faint smile lingered on Vivienne's lips, and her eyes held a tender, happy light in their depths, for she had been dreaming of Leon—and it was no longer a crime to think of aim.

Many different rumors concerning the death of the Marquis de Hautlieu, and the strange life the young marquise was leading, had reached the gay and careless court, and had even wandered to the camp far away.

Some averred that Vivienne was mad, others that she intended to convert the chateau into a convent; some that she was doing penance for a terrible, mysterious crime; and others dimly conjectured the true reason, and believed that she was condemned to this death in life by her stern husband's will. The new Marquis de Hautlieu, when questioned about his fair cousin, answered by careless shrugs of his shoulders, and laughing hints, which reflected anything but honor upon the character of the young marquise. But the words and looks of as unprincipled a man as Philip de Hautlieu, made but little impression upon those who remembered the spotless purity and modesty of Vivienne's life at court ; and more than once he found himself angrily and haughtily reproved for his malicious insinuations by some young cavalier who had admired the " Child Marquise," but had never dared to tell her so.

Vivienne, however, was ignorant of all this. Day after day she spent by her mother's bedside; night after night was passed in the drear solitude of her tomb-like cell, which was no longer full of horrors too great to be borne, but had become a holy, solemn retreat, where she spent long hours in prayer, and in rapt ecstatic, trance-like visions of the glories of the blest. It mattered little to her that her body grew feeble and emaciated; that the clinging vapors in her cell banished the bloom from her cheek, and the light from her eyes; that she seemed hurrying to the grave while yet in the early dawn of womanhood. She had done with the joys of earth, she thought, and heaven was close before her. She only asked that she might live to soothe her mother's dying moments, and then in the holy peace of a convent she prayed that her life might be ended. When she was dead-when Leon, in the distant camp,

title: Page:Peterson Magazine 1869B.pdf/197


text:
Page:The spirit of the Hebrew poetry 1861.djvu/127

 of the domestic relationships should be reverentially conserved. Within the precincts of this economy of unwritten obligation and of traditional veneration, piety toward God—the Invisible—was a higher species of that filial regard of which the senior and the chief was the visible centre.

The Patriarchal Idea is wholly Biblical, and as such it has suffused itself through the poetry of modern nations. And there is much in the mild domestic usages and sentiments of modern nations that is to be traced up to its rise in this conception. It is Biblical, not merely because it is monotheistic in doctrine; but because also it gives a most decisive prominence to the belief of the near-at-hand providence of God—of Him that immediately orders and appoints and controls all events affecting the individual man. This ever-present —Righteous and Benign—the Hearer of prayer—the Giver of all good—the Avenger of wrong—is held forth, and is vividly brought within range of human conceptions in the incidents of the Patriarchal history. Far away from the interference of futile speculative questionings, these religious beliefs, as exemplified in the life of the servants of God, received at once an historic warranty, and a dramatic—or, it might be said, even a picturesque—realization, in the records of this era.

The Paradisaical elements are conserved in the Patriarchal life—each of them attempered by blending itself with whatever in the actual lot of man has


text: Poems (Allen)/"The Upward Road"

title: Poems (Allen)/"The Upward Road"


text: Poems (Allen)/Promoted

title: Poems (Allen)/Promoted


text: Poems (Allen)/Vine-Life

title: Poems (Allen)/Vine-Life


text:
Page:The spirit of the Hebrew poetry 1861.djvu/128

 become saddened by his sins and frailty—by his pains, his toils, his cares; and it thenceforward presents itself as if in shining fragments, commingled with the ruins of purposes frustrated—hopes shattered.

Within and around the patriarchal encampment, near to the springs and the palms of the sultry wilderness, we are to find—in the place of Innocence—Virtue—put to the proof, and not always triumphant in its conflict with temptation. Within this enclosure, instead of unsullied, uncontradicted Love, there are yet heard the deep yearnings of domestic affection, rendered intense by tearful sympathies; perhaps by resentments that strike into the very roots of human feeling. Around this enclosure are assembled, not the wild animal orders in awe of their lord—doing homage to man; but flocks and herds, the product of his provident and laborious care. Instead of a garden, wildly luxuriant in flowers and fruits, there are trim enclosures of esculent plants—flowers and perfumes giving way to roots and fruits:—there may be heard the singing of birds;—yet this is less heeded than the lowing of kine. Human existence is in its state of transition—conserving as much of its primaeval felicity as shall be the solace and excitement of a life which still may be happy, if man be wise; and the wisdom, which is to ensure his welfare, is that to which the patriarchal altar gave its sanction. The Divine favour is there pledged to the obedient and devout; but it


text: Poems (Allen)/The Watchers

title: Poems (Allen)/The Watchers


text:
Page:The spirit of the Hebrew poetry 1861.djvu/129

 is pledged under conditions which are, in the simplest mode, ritual, and which, while they assure the worshipper in his approach to God, restrict him also.

The Patriarchal man knew that he had forfeited terrestrial immortality, and that his years on earth were numbered; and yet, in the place of a now-undesirable endless life, there was given him—longevity; and beyond it, a far more distinct vision of the future life than modern Sadducean criticism has been willing to allow. This length of years—a stipulated reward of piety—and this more than a glimmer of the life eternal, imparted a dignity to the modes of thinking, and to the demeanour and carriage of those "Sons of God" who, each in his place, stood, toward all around him, as Chief, and Prophet, and Priest. Life under these conditions—beneath the heavens—a life, inartificial and yet regal—a course abhorrent of sordidness, and thrift, so realized itself during a lapse of centuries, as to have become a Pattern Idea, the presence and influence of which are conspicuous in the cherished sentiments and in the literature of modern and western nations.

To its rise in the Patriarchal era may be traced that one conception, which might be called the Ruling Thought, as well of Art, as of Poetry—the Idea of. Order, symmetry, beauty, security, conscious right and power, are the constituents of this Idea. When embodied, or symbolized in Art or in Poetry, it is this Repose which is the


text:
Page:Peterson Magazine 1869B.pdf/198

 DEATH IN LIFE.

should hear of her death, would it matter to him? Would he give one regretful thought to the woman he had once loved? Oh! did he love her still? If only she could know that he sometimes thought of her; if this terrible blank of silence and uncertainty could be broken; if she could see him once more! The robe that shook her wasted frame told plainly enough of the heart that still clung to earth, though she would fain have given it all to heaven.

It was midsummer. The flowers bloomed again on the terraces of Hautlieu, and filled with their perfume the chamber where Vivienne knelt beside her dying mother. All that fair summer day Madame de Beranger had lain calm and still, and faintly smiling, while her heart throbbed with pulsations that grew slower and weaker every moment.

Priest and physician had rendered their last services, and there was no sound in the room but Vivienne's low, clear tones, and her mother's faint whispers.

The dying woman held her daughter's hands in her feeble clasp, and looked up with undying love into the sweet, solemn eyes of her child.

So the hours wore away, and the end was very near. The rays of the declining sun penetrated the crimson curtains of the windows, and shed a roseate glory over both the pale, worn faces of the women.

The gloom faded, and twilight gathered in the room; but still Vivienne knelt there with her hands clasped in those feeble, clinging ones which were growing chill in death.

Suddenly Elise drew near, and stooping, whispered something in her young mistress' ear.

Vivienne looked up, and shook her head ; but Elise still lingered, with a disturbed expression on her face.

"What is it, my child?" whispered the dying voice. " Ah! I know now! Elise is right. It is time for you to leave me. Oh, Vivienne! must you go from me now?"

"No, my mother! " said Vivienne, gently. "I will not leave you now. My work is almost done; I will stay with you tonight. "

A smile lit up the wan face of the mother, and an expression of deep peace and rest succeeded the momentary look of anguish that had ruffled her brow.

Silence again inthe dim, flower-scented room, and then, faintly and slowly came the chime of the clock. Vivienne counted the eight solemn strokes, and bent her head that her lips might touch her mother's hand.

So the night wore on, and hour after hour the hands that clasped Vivienne's grew colder, yet the end did not come.

The short summer night had passed, and the morning breeze stole gently through the windows, from which the curtains had been withdrawn. The eyelids of the dying woman, that had been closed in the gray, morning twilight, opened gently as an infant's ; the eyes wandered from Vivienne's face to the rosy sky. There was a movement of the pale lips, a fleeting smile on the white face, and with one gentle sigh, Madame de Beranger had ceased to breathe.

For a moment Vivienne knelt with those pale hands still clasping bers ; then she gently folded them on the quiet bosom, and rose up from the couch. Her work was ended now, and in her weary heart there was no thought but a passionate longing to pass beyond the gates which parted her from the mother she had lived for.

Pallid as the corpse she had left, with bowed head and woeful eyes, she went from the chamber of death.

On the threshold stood Duroc, his eyes glittering with malicious triumph.

He leaned toward her, and half whispered, " Madame has, perhaps, forgotten the penalty attached to what she has done. "

She looked at him quietly, and his evil eyes sunk before the dignity and purity of her glance.

"No, monsieur," she said, simply, " I have not forgotten. I am no longer mistress here, and we are going away, my mother and I."

She glided past him, and entering her own chamber, summoned Elise, and began to give directions for the funeral of her mother.

Vivienne was adored by every person on the estate, and she knew her requests would be obeyed, though the right to command was no longer hers.

She wished that her mother's body should be laid, not in the drear vaults of Hautlieu, but in the green church-yard of the village, and that the hands of the humble peasants, who loved her so faithfully, should perform the last sacred duties for the dead.

It was done as she directed. In the hushed calm of the mid-summer evening, the day after her death, they laid Madame de Beranger in the peaceful church-yard; and rough peasants sobbed aloud as they gazed at the black-robed figure, and the pale, lovely face of the young marquise, who stood alone at the head of the grave.

When at last all was finished, Vivienne turned away, and leaning on the arm of the sobbing Elise, she went slowly along the path leading

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text: Poems (Allen)/In the Defences

title: Poems (Allen)/In the Defences


text: Poems (Allen)/My Ship

title: Poems (Allen)/My Ship


text: Poems (Allen)/Bringing our Sheaves with us


text:
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 silent voucher for whatever shall be its consummation in a higher sphere—even for "the Rest that remaineth." It contradicts, and refuses to be consorted with, the ambition, the discontent, the adventure, the turmoil, the changeful fortunes, the pressure, and the progress, of that lower life which knows nothing of the past, and is mindless of the remote future.

The first man had lived—for whatever term—in the fruition of the happiness which springs from the spontaneous development of every faculty—bodily and mental. The man—wise and good in his degree—under the patriarchal scheme, enjoyed as much of the things of life as were allowed to him—individually—under the conditions of a providential scheme, divinely established and administered, in a manner which rendered the Providential Hand and Eye all but visible: the Patriarch—religious in mood and habit, and thus cared for by Him whose Name was a promise—the Patriarch eschewed ambition, he dreaded change in the modes of life—he contented himself with those simple conditions of common life which, in a warm and equable climate, are more agreeable—more sufficing, than are the far more elaborate provisions of a higher civilization in a more austere climate. Especially did this patriarchal nomad life—this following of pasturage where it might be found—greatly favour that meditative mood in which piety delights itself—entertaining the idea of terrestrial life as a pilgrimage, under tents, always onward bound towards a future, where


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 198 DEATH IN

to the cottage of Elise’s father.’ It was here that she had determined to seek shelter for a few days, till she was able to go to the distant convent in'which she had been educated, and which she had been assured by the abbess would gladly receive her again.

Vivienne had determined to leave the cha- teau immediately, for her attendants told her that ‘Monsieur le Marquis was expected every hour,” and she would not meet that bold, bad man.

In the lowly cottage of Elise’s parents she was welcomed with tears and blessings; and beneath a peasant’s roof she found a peace and repose she had never known in the proud Chateau de Hautliea. The night brought her gentle, heathful slumbers, and the morning, though it roused her to a remembrance of her grief, bore. with it also a sense of consolation and safety.

When the noonday sun shone brightly, Vivienne sat by her latticed window, leaning her brow against its frame, and listening to the soothing hum. of a spinning-wheel in the adjoining room.» Suddenly the wheel stopped. There was a strange step on the cottage-floor, @ murmur of voices, and Elise entered the room with an excited face.

“Madame,” she cried, ‘‘Monsieur le Marquis is arrived. He wishes to see you. Oh, madame! something has happened! I do not know how to tell you. Will you go and speak to monsieur?”

Vivienne rose, bewildered by the girl’s excitement and incoherence, and hesitatingly advanced to the door. She shrunk from seeing that cold, cruel, insolent face, and yet there seemed no escape.

Near the open door of the cottage, in the blaze of the summer sun, stood a tall figure in the splendid uniform of an officer of high rank.

The marquis! It was Leon! Leon’s brilliant eyes fixed themselves rapturously upon her face. Leon's dear voice called her name in accents he in vain endeavored to render calm and cere- monious; his hand clasped hers, and his lips touched for an instant the fluttering hand he held.

Leon was with her, and she was free! And in spite of her dimmed beauty, and her lost gayety, he loved-her still. Not a word did he utter to assure her of that, but not a word was needed. She knew it by the light in his eyes, and the tender accents of his voice. She comprehended it with greater ease than she did the strange story which accounted for his presence here. She learned at last the one central fact that Philip was dead—killed in a duel, brought on by his own wickedness and folly.

Leon, who had arrived in Paris only a few days before his brother’s death, received the message summoning the Marquis de Hautlicu to the chateau, and then was first informed of the truth concerning the will of the late marquis, and, as his brother’s heir, he succeeded not only to the title, but to the vast estates of Hautlieu.

But Vivienne was destined never again to enter the old chateau. In the dead of night, when she lay sleeping in the cottage, the sky was crimsoned with a great conflagration. From nearly every window of the chateau sudden flames leaped and roared. The new owner of the stately building, sleeping for the first time beneath its roof, was wakened by the crash of falling timbers, and with difficulty escaped, and roused the slumbering servants. Nothing could be done to check the flames—nothing could be saved from the wreck. Of all the beautiful and costly contents of the chateau, not one article escaped destruction save a small casket, which was found lying at a distance from the building, and which, on being opened, was discovered to contain the ‘‘Hautlieu rubies.” It was after- ward conjectured that the chateau was set on fire by Duroc, ‘who was never seen after the death of Philip Saint Evremonde, and who, it was believed, had robbed the chateau of many jewels and other valuables, but in his flight had dropped this single casket.

The chateau sunk into utter ruin, and was never rebuilt; but a beautiful mansion soon rose on a distant portion of the Hautlieu estate, and thither, two years afterward, the young marquis brought his beautiful bride—more beautiful than ever in the light of returning health and happiness, and the dignity of a fine and noble womanhood.

The horrors of the old chateau were almost obliterated from her memory by the two years of tranquil happiness she had rpent in the con- vent, amongst the gentle nuns she had loved in her childhood.

With beauty more wonderful than ever, and with infinitely more winning sweetness and gentleness of character, the young marquise again appeared at court; and the “Hautlieu rubies,” though magnificent as the jewels of an empress, were ornaments less rare and beautiful than the purity and modesty that adorned the wife of Leon, Marquis de Hautlieu.

to the cottage of Elise's father. It was here that she had determined to seek shelter for a few days, till she was able to go to the distant convent in which she had been educated, and which she had been assured by the abbess would gladly receive her again. Vivienne had determined to leave the chateau immediately, for her attendants told her that "Monsieur le Marquis was expected every hour," and she would not meet that bold, bad man. In the lowly cottage of Elise's parents she was welcomed with tears and blessings ; and beneath a peasant's roof she found a peace and repose she had never known in the proud Chateau de Hautlieu. The night brought her gentle, heathful slumbers, and the morning, though it roused her to a remembrance of her grief, bore with it also a sense of consolation and safety. When the noonday sun shone brightly, Vivienne sat by her latticed window, leaning her brow against its frame, and listening to the soothing hum of a spinning-wheel in the adjoining room. Suddenly the wheel stopped. There was a strange step on the cottage- floor, a murmur of voices, and Elise entered the room with an excited face. " Madame, " she cried, " Monsieur le Marquis is arrived . He wishes to see you . Oh , madame ! something has happened ! I do not know how to tell you . Will you go and speak to monsieur ?" Vivienne rose, bewildered by the girl's excitement and incoherence, and hesitatingly advanced to the door. She shrunk from seeing that cold, cruel, insolent face, and yet there seemed no escape. Near the open door of the cottage, in the blaze of the summer sun, stood a tall figure in the splendid uniform of an officer of high rank. The marquis ! It was Leon ! Leon's brilliant eyes fixed themselves rapturously upon her face. Leon's dear voice called her name in accents be in vain endeavored to render calm and ceremonious ; his hand clasped hers, and his lips touched for an instant the fluttering hand he held. Leon was with her, and she was free ! And in spite of her dimmed beauty, and her lost gayety, he loved her still. Not a word did he utter to assure her of that, but not a word was needed. She knew it by the light in his eyes, and the tender accents of his voice. She comprehended it with greater ease than she did the strange story which accounted for his per-

LIFE.

sence here. She learned at last the one central fact that Philip was dead- killed in a duel, brought on by his own wickedness and folly. Leon, who had arrived in Paris only a few days before his brother's death, received the message summoning the Marquis de Hautlieu to the chateau, and then was first informed of the truth concerning the will of the late marquis, and, as his brother's heir, he succeeded not only to the title, but to the vast estates of Hautlieu. But Vivienne was destined never again to enter the old chateau. In the dead of night, when she lay sleeping in the cottage, the sky was crimsoned with a great conflagration. From nearly every window of the chateau sudden flames leaped and roared. The new owner of the stately building, sleeping for the first time beneath its roof, was wakened by the crash of falling timbers, and with difficulty escaped, and roused the slumbering servants. Nothing could be done to check the flames- nothing could be saved from the wreck. Of all the beautiful and costly contents of the chateau, not one article escaped destruction save a small casket, which was found lying at a distance from the building, and which, on being opened, was discovered to contain the " Hautlieu rubies." It was afterward conjectured that the chateau was set on fire by Duroc, who was never seen after the death of Philip Saint Evremonde, and who, it was believed, had robbed the chateau of many jewels and other valuables, but in his flight had dropped this single casket. The chateau sunk into utter ruin, and was never rebuilt ; but a beautiful mansion soon rose on a distant portion of the Hautlieu estate, and thither, two years afterward, the young marquis brought his beautiful bride-more beautiful than ever in the light of returning health and happiness, and the dignity of a fine and noble womanhood. The horrors of the old chateau were almost obliterated from her memory by the two years of tranquil happiness she had spent in the convent, amongst the gentle nuns she had loved in her childhood. With beauty more wonderful than ever, and with infinitely more winning sweetness and gentleness of character, the young marquise again appeared at court ; and the "Hautlieu rubies," though magnificent as the jewels of an empress, were ornaments less rare and beautiful than the purity and modesty that adorned the wife of Leon, Marquis de Hautlieu.

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Page:Peterson Magazine 1869B.pdf/200

 CHARITY'S SECRET.

BY THE AUTHOR OF "THE SECOND LIFE," ETC., ETC.

"THE quality of mercy is twice blessed. It blesseth him that gives, and him that takes," said Portia. I would like to add my experience as a corollary to that; to fit the beautiful, ancient truth into a modern setting, as I have seen diamonds foiled by cheap enamel. Perhaps most of the lady readers of "Peterson" can match my story with a like one of their own; but if not, it may save them a pang or two of disheartenment in the beginning of their charitable career; for now-a-days the outside work of women of moderate means, like myself, lies very much in the same fields, and between soldiers' widows and thriftless Irish, I fancy they will find in the courts below Lombard street harder missions than was Portia's to the court of Venice, and will be more apt to lose pounds of flesh in them than to save them.

But to my story.

There was a great fire in Second street the winter after we were married. It began, I remember, in a factory in which they burned bituminous coal, for when we were wakened by the throbbing of the engines in the street below, the night air was choking with oily soot, and the heavy waves of smoke, black, and filled with fiery sparks, were ebbing over the sky westward, shutting out the blue silence into which my husband and I had looked but a few hours ago, and in which the calm beauty of the Pleiades and " Arcturus, with his sons," wrote the same great poem which the old prophets heard.

It was just before dawn. I was alone in the house with the two servants, George having been called out to a patient in the early part of the night-one of his first cases, by-the-way, in the city. I was not yet used to the solid blocks of building in Philadelphia- it was but two months since we had left a country village of Delaware; the flames seemed to me to be gaining ground toward our dwelling, step by step.

"They're tiniment houses, mim," said the cook, who was out on the flat, while I stood at the window. " God be marciful to thim poor Bowls this bitter night." Ann was one of the " Kerry Irish," as little and black as their crows. But she had a gentle, kindly voice, as excellent a thing in cooks as in Cordelia. I chose her for it, in fact.

Of course, I was troubled about the homeless wretches in Second street; but I could not forget that we ourselves had but the furniture which we had bought with uncle John's legacy, and that it was not insured ; beyond that we depended on George's practice for our daily bread and butter.

When morning and George came, therefore, I felt worn and haggard enough, and entertained him over his breakfast, which he was eating with a relish, with my terrors.

"I knew the fire was near us," he said. "But I could not leave the child, and I knew you would be taken care of," in a lower tone.

Dr. Brettler was one of the most reticent of men; but I had been his wife long enough to know that Jung Stilling, nor our own pastor, Passavant, never surpassed him in the strength of his simple faith. Doubtless, he had prayed for baby and me; and then knew he would find his threshold unharmed, as surely as if he had seen the sign above the door, over which the Angel of Death had command to pass.

"Where was the fire?" he asked of Ann, who knew the localities better than I. "Tenement houses!" he exclaimed, when she had named the squares. I noticed that he changed color and pushed away his plate, immediately after drawing his boots toward him again.

"What is it, George?"

"We must go round and see what is to be done. Wrap yourself up well, Lou."

I ran upstairs with my heart full. I did so thank God for my husband that morning! it was so easy to do good with such a leader. For me, like most young girls, I always had been goodnaturedly anxious to help to lift the burden of ignorance and poverty in the world ; and just here, despite all the popular cant about the indifference of the rich, and those classes who are comfortably provided for in life, to the suffering I must say that I have never seen such indifference. It may serve to point a moral, and adorn a magazine tale, to picture the jeweled lady sweeping by the virtuous, starving beggar; but the chances are that if the wearer of the jewels once recognized the real virtue, and the real starvation apart from their counterfeits, the beggar would be spoiled with indulgence

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text:
Marriage

 * Marriage (1818), a novel by Susan Edmonstoune Ferrier
 * Marriage (1912), a novel by H. G. Wells

title: Marriage


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 200 CHARITY'S SECRET.

from her and her like. There may be much ignorance and thoughtlessness among the one half of our population with regard to the other, but there is not want of sympathy.

Before I was married I had gone through the usual round of established duties—district visit- ing, and Sunday-school teaching, enthusiastic enough at first, but cooling off when I fell in love, and ‘soon ‘afterward found some of my élass (mill-boys) in the county jail for pilfering.

But with Dr. Brettler it was different. The suffering and vice of the world were always fresh, terrible, real to' him; to work to remove it, like his Master, was the first work in life for him; fame and comfort came afterward. Now, for instance, I was proud of our boy, ambitious, eager, anxious for his future, baby in the cradle though he was. But the only wish for him I ever heard his father utter was that he might be a “helpful man.” Yet, I knew George loved him more than I, heing more tender, and like a woman in some things. There were times when I felt coarse and worldly beside my husband. But not on that winter morning, when we stood in the midst of this burned district. My very soul was wrung with unselfish pain—the reflec- tion of the misery I Saw around me, I remem- bered Madame Recamier’s wish to hold the Almighty’s power for an hour when she looked at some such' scene at this. No other would suffice.

There had been about fifty families turned out homeless on the street; inside, the houses had burned to the ground, but a few feet of the outer wall was standing, black and crumbling, and piles of smoking rafters lay around, here and there bursting into flame, about which there were crowds of filthy, and more tlian half-naked children ‘gathered. It was bitterly cold; the water thrown by the engines lay in masses of ice on the street; the walls, the blackened door- jambs and window-frames were crusted with icicles; a biting north wind swept the fine frost into our faces, cutting the skin like salt spray.

At the end of the street were two lager-beer sommer-gartens, one on each side; two or three wagons belonging to them, laden with immense hogsheads redolent of pitch, were drawn up in the midst of the confusion, their drivers clapping their arms about their breast, smoking, and muttering, “Ach!” as they looked about them; and among it all swarmed women, their hair tangled and greasy, a petticoat, perhaps, tied about their waist, but with feet and breast; bare, red and dirty, just as the flames had driven them from their lair. They were gathering out of the miserable mass what they could find of their own; here a torn straw mattress, there a broken coal-scuttle, a child’s shoe, bottles; a tin candle-stick, in one instance, I remember, so thick with grease that all the fire had not melted it.

There was very little outcry, I noticed, not even tears shed. The women, when I spoke to them, answered in subdued voices, almost roughly. It was not the time to do obeisance to the cloak and furs which yesterday the Irish among them would have paid. But I did not talk much to them—what could I say? I picked up two or three of the children, cried over them, and carried them home to the kitchen fire. Ann afterward had considerable trouble in finding their mothers—but I could not help that,

‘You have lost everything?” I said, putting my hand on the arm of a stout, raw-boned Irish weman, who was hauling. out some dry logs from the ruins.

“The bed from anundher me,” she growled. Then, with a sharper look over her shoulder, “Ef you’ve any money to give, dher’s a lady that lived on the flure ahove me wants it more than me; her man’s dead, and she’s nine childher. Malone’s her name. There's ony himself an’ me.” A wiry, black-faced little man pushed by me with his arms full.

“You have no coat! My husband’s would fit you, I’m sure.”

“Thrue for yerself, mim,” with a. chuckle, glancing down at his rag of a flannel shirt. “De’il a scrap of duds did we save for the wife or the young ones, God bless ’em! [I'll call round. But if you’d only look in at Missus Clincy, mim, she’s five, an’ two of ‘em babbies- twins. Her man was kilt in Kilpatrick's raid. I've good work meself,”

There was a group of girls gathered together, as girls will be, whether in silk and tulle, or like these in greasy wool stuff, tawdry bits of ribbon fastened in their uncombed hair.

“Where can I find a Mrs, Malone, girls?” I asked,

“Oh! will you help her, ma’am’”’ their faces brightening eagerly. ‘Indeed, and it’s she that needs it, But did you see Mrs.Grew? Her boy, Jemmy, was dead last night, and she picked up his body and run out in the night with it.”

I heard an exclamation, and saw my husband behind me. He was more haggard than any of these men about me; his eyes heayy, but with a strange, far look in them, as if he saw a meaning which I could not, in all this horrible botch work
 * of life, and the quiet morning light over it all.

“You can find no worse cases than these, Lou, “You had better

from her and her like. There may be much find of their own ; here a torn straw mattress, ignorance and thoughtlessness among the one there a broken coal-scuttle, a child's shoe, bothalf of our population with regard to the other, tles ; a tin candle-stick, in one instance, I rebut there is not want of sympathy. member, so thick with grease that all the fire Before I was married I had gone through the had not melted it. usual round of established duties - district visitThere was very little outcry, I noticed, not ing, and Sunday- school teaching, enthusiastic even tears shed. The women, when I spoke enough at first, but cooling off when I fell into them, answered in subdued voices almost love, and soon afterward found some of my roughly. It was not the time to do obeisance class ( mill-boys ) in the county jail for pilfering. { to the cloak and furs which yesterday the Irish But with Dr. Brettler it was different. The among them would have paid. But I did not suffering and vice of the world were always talk much to them- what could I say ? I picked fresh, terrible, real to' him ; to work to remove up two or three of the children, cried over them, it, like his Master, was the first work in life for and carried them home to the kitchen fire. Ann him ; fame and comfort came afterward. Now, afterward had considerable trouble in finding for instance, I was proud of our boy, ambitious, their mothers-but I could not help that. eager, anxious for his future, baby in the cradle "You have lost everything ?" I said, putting though he was. But the only wish for him I my hand on the arm of a stout, raw- boned Irish ever heard his father utter was that he might woman, who was hauling out some dry logs be a "helpful man. " Yet, I knew George loved from the ruins. 66 The bed from anundher me," she growled. him more than I, being more tender, and like a woman in some things. There were times when Then, with a sharper look over her shoulder, I felt coarse and worldly beside my husband. "Ef you've any money to give, ' dher's a lady But not on that winter morning, when we stood that lived on the flure above me wants it more in the midst of this burned district. My very than me ; her man's dead, and she's nine chilsoul was wrung with unselfish pain-the reflec- dher. Malone's her name. There's ony himtion of the misery I saw around me. I remem- self an ' me. " A wiry, black- faced little man bered Madame Recamier's wish to hold the pushed by me with his arms full. 66 You have no coat ! My husband's would fit Almighty's power for an hour when she looked at some such scene at this. No other would you, I'm sure." suffice. "Thrue for yerself, mim," with a chuckle, There had been about fifty families turned out glancing down at his rag of a flannel shirt. homeless on the street ; inside, the houses had "De'il a scrap of duds did we save for the wife burned to the ground, but a few feet of the outer or the young ones, God bless ' em! I'll call wall was standing, black and crumbling, and round. But if you'd only look in at Missus piles of smoking rafters lay around, here and Clincy, mim, she's five, an' two of ' em babbiesthere bursting into flame, about which there twins. Her man was kilt in Kilpatrick's raid. were crowds of filthy, and more than half- naked I've good work meself. " There was a group of girls gathered together, children gathered. It was bitterly cold ; the water thrown by the engines lay in masses of as girls will be, whether in silk and tulle, er ice on the street ; the walls, the blackened door- like these in greasy wool stuff, tawdry bits of jambs and window- frames were crusted with ribbon fastened in their uncombed hair. " Where can I find a Mrs. Malone, girls ?" I icicles ; a biting north wind swept the fine frost into our faces, cutting the skin like salt spray. asked. At the end of the street were two lager-beer "Oh ! will you help her, ma'am?" their faces sommer-gartens, one on each side ; two or three brightening eagerly. " Indeed, and it's she that wagons belonging to them, laden with immense needs it. But did you see Mrs. Grew ? Her boy, hogsheads redolent of pitch, were drawn up in Jemmy, was dead last night, and she picked up the midst of the confusion, their drivers clap- his body and run out in the night with it." ping their arms about their breast, smoking, I heard an exclamation, and saw my husband and muttering, " Ach !" as they looked about behind me. He was more haggard than any of them ; and among it all swarmed women, their these men about me ; his eyes heavy, but with a hir tangled and greasy, a petticoat, perhaps, strange, far look in them, as if he saw a meaning tied about their waist, but with feet and breast which I could not, in all this horrible botch work bare, red and dirty, just as the flames had of life, and the quiet morning light over it all. driven them from their lair. They were gather"You can find no worse cases than these, Lou, ing out of the miserable mass what they could I think, " he said, quietly. "You had better

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text:
Page:The Works of H G Wells Volume 11.pdf/109

 Here we spin upon a ball of rock and nickel-steel, upon which a film of water, a few score miles of air, lie like the bloom upon a plum. All about that ball is space unfathomable; all the suns and stars are mere grains of matter scattered through a vastness that is otherwise utterly void. To that thin bloom upon a particle we are confined; if we tunnel down into the earth, presently it is too hot for us to live; if we soar five miles into the air we freeze, the blood runs out of our vessels into our lungs, we die suffocated and choked with blood

"Out of the litter of muds and gravels that make the soil of the world we have picked some traces of the past of our race and the past of life. In our observatories and laboratories we have gleaned some hints of its future. We have a vision of the opening of the story, but the first pages we cannot read. We discover life, a mere stir amidst the mud, creeping along the littoral of warm and shallow seas in the brief nights and days of a swiftly rotating earth. We follow through vast ages the story of life's extension into the waters, and its invasion of the air and land. Plants creep upon the land and raise themselves by stems towards the sun; a few worms and crustaceans follow, insects appear; and at length come our amphibious ancestors, breathing air by means of a swimming bladder used as a lung. From the first the land animals are patched-up creatures. They eke out the fish ear they inherit by means of an ear drum made out of a gill slit. You can trace scale and fin in bone and limb. At last this green scum of vegetable life with the beasts entangled in its meshes creeps in the


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. You are the Blue Prince?—the son of my best friend? Ah, you don't know how glad I am to see you, and how fond I am of your dear father! We have been united in the bonds of friendship for twenty-five years, and in all that time we have engaged in only three wars, all of which have been lost by me, so you can readily imagine what interest I have in avoiding a fourth. What do you think of my three daughters?

. Nothing could be more beautiful.

. Oh, beauty is the least part of it!—education, my son, it is education. They are very handy about the palace. They cook, they sew. They would make any man happy; that is to say, rather, they would make any three men happy, as the laws of our country do not permit that one man should marry all three, although, believe me, I should be delighted if the law could be altered upon your account.

. [Aside] You are talking stupid nonsense, father.

. [Aside] Be quiet, snip! You will frighten him off. Leave this matter to me. Unfortunately, you have no mother, and I am obliged to attend to these details myself.

. I know that I may choose only one, and it will be she whom I have always loved, without knowing her. For I have learned by my books that among the daughters of a king, it is always the youngest who is the most beautiful and the most virtuous.

. Did you ever hear of such a fool?

. What a nincompoop!

. [Aside] Control yourselves. [Aloud] Yes, so the books and the stories say. And so no doubt… [Aside] I'd better indorse her to him; she will be the hardest to get rid of; she has the worst temper… [Aloud] And so


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 Mr. Goodwin then read his paper “On some Japanese popular Legends.”

At the close of the paper Professor Ayrton asked whether the tales Mr. Goodwin had related were really proved to have any connection with one another? Their apparent identity was indeed very striking, but he thought there were other stories somewhat resembling the above, and which would tend to shew that in any country there were many tales all more or less of the same kind, so that among the number there might happen to he accidentally a legend in one country almost identical in illustration with the legend of another country; for instance the moral of the tales of “the Wen” and of “the Hunchback” is that of the “Forty Thieves” in the Arabian Nights and of the “Tongue-cut sparrow” as told by Mitford. Again, the tales of idle wishes narrated to us by Mr. Goodwin are somewhat similar in character to the German tale of the “Three Black Puddings.” The study of the legends of different countries would, however, as it becomes gradually developed lead to this result, if it lead to no other, that it would shew whether or not legends similar in character had a common origin, and consequently such a study would certainly be valuable.

Dr. Hepburn agreed in the main with Mr. Ayrton, and adduced the fact that proverbs teaching identically similar lessons are to be found among all nations.

Mr. Howell said that the identity of the moral would not be sufficient to establish the claim to relationship, but that identity of illustration went far to prove it.

A paper by Dr. Geerts entitled “Observations on the Climate of Nagasaki in 1872” was then read, in the absence of the writer, by Mr. Brunton.

Mr. Ayrton remarked that mention had been made in Dr. Geerts’ paper of the observations being taken at the time appointed by the International Congress. He would be glad to know whether Dr. Geerts observed four times or only twice during the twenty-four hours. The suggestion contained in the paper that observations made at Tokio, or Yokohama, would be very valuable combined with those of Nagasaki reminded him of the instruments offered some time back to the Asiatic Society by the Signal Bureau at Washington, the conditions of the acceptance being that the observations should be recorded at the hours settled by the International Congress. The matter was, as far as he remembered, placed at the time in the hands of a Committee consisting of Mr. Brunton and Dr. Murray: he would be glad to hear the result, if the plans were matured. Additional interest has been given to Meteorological observations by Professor Balfour Stewart’s review of Provost Lloyd’s “New Treatise on Magnetism,” in which it is shewn that there is a strong reason for believing that the variations of the magnetic elements of a place are produced by atmospheric disturbances in the upper regions, firstly: because the rare air being a partial conductor would have generated

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 in it electric currents due to its passage across the earth’s lines of force, which currents would attract or repel magnets on the earth’s surface and would also react on the earth’s magnetism: secondly, because it has been shewn that there is a connection as regards periodicity between the connection currents of the earth and the sun’s spots, between cyclones and hurricanes and the sun’s spots, and between the sun's spots and disturbances of terrestrial magnetism, so that there is every reason for thinking that variations of meteorology are associated with variations of terrestrial magnetism.

The Meeting then terminated.

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 no doubt it is. Here is her hand. You bear away the most precious jewel in my crown.

. [Aside] He is not so bad-looking. Some day he will be a great king.

. I shall assemble my ministers at once to approve your betrothal. To-morrow the rejoicings will begin with a sumptuous reception.

. Do you call that rejoicing? Nothing could be a more terrible bore!

. To us. But it will be great fun for the courtiers.

. Who are these people?

. Your Majesty, they are my train.

. Strange escort for a Prince!

. You ran away from the inn. We have been at our wits' end to find you.

. I spied the palace of my Princess, and alone I set out upon the way. I knew that my good fairy would not linger far behind. Princess, here is the good fairy who has led me to your side. Salute my wife, my Princess.

. What! Are you married?

. I never heard of such a rapid wedding!

. Princes, when they marry, are of a rapid disposition.

. Oh, my poor young man! But are you acquainted with your bride?

. I have known her all my life. She is the youngest daughter of a king, and the youngest daughter of a king is always beautiful and virtuous. You know that, my good fairy. So you see that all my troubles are ended. Speak! What is it that you ask now, in order to reveal yourself in your true likeness?


text: Transactions of the Asiatic Society of Japan/Series 1/Volume 3/Part 2/Observations on the Climate at Nagasaki during the year 1872


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. Alas! Alas! What is it that I ask now? That you come to yourself, that you learn judgment. You don't know what they say of the daughters of this King! You do not belong in this country, you have heard nothing of them. The youngest is a hoyden, a shrew.

. Do you wish to submit me to yet other proofs?

. Her want of judgment and her coldness of heart have penetrated even to my wilds. Will you still believe in me?

. Always!

. Then leave this matter in my hands and I will attend to it.—Ah, my lady Princesses! As we entered the palace, we heard your attendants crying out. Three beautiful animals—your pets—had escaped from their cages.

. My monkey!

. My parrot!

. My white rat!

. And the attendants were in tears, because they were afraid that they would be punished severely.

. I shall have them killed! Shall I not, father mine?

. It will be sufficient to dismiss them. That is all I ask.

. No! Poor creatures! The loss of an animal is too insignificant to justify the giving of pain.

. What do you say now?

. My Princess has not a kind heart.

. Wait! As we came in, I let fall some pieces of money—all that I had in the world. What shall I do to get them back?

. Go and look for them.

. I shall send the gardeners to look for them.


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Page:Primitive Culture Vol 1.djvu/341

 Storm-god rose and followed his father to the realms above, hurrying to the sheltered hollows of the boundless skies, to hide and cling and nestle there. Then came forth his progeny, the mighty winds, the fierce squalls, the clouds, dense, dark, fiery, wildly drifting, wildly bursting; and in their midst their father rushed upon his foe. Tane-mahuta and his giant forests stood unconscious and unsuspecting when the raging hurricane burst on them, snapping the mighty trees across, leaving trunks and branches rent and torn upon the ground for the insect and the grub to prey on. Then the father of storms swooped down to lash the waters into willows whose summits rose like cliffs, till Tangaroa, god of ocean and father of all that dwell therein, fled affrighted through his seas. His children, Ika-tere, the father of fish, and Tu-te-wehiwehi, the father of reptiles, sought where they might escape for safety; the father of fish cried, 'Ho, ho, let us all escape to the sea,' but the father of reptiles shouted in answer, 'Nay, nay, let us rather fly inland,' and so these creatures separated, for while the fish fled into the sea, the reptiles sought safety in the forests and scrubs. But the sea-god Tangaroa, furious that his children the reptiles should have deserted him, has ever since waged war on his brother Tane who gave them shelter in his woods. Tane attacks him in return, supplying the offspring of his brother Tu-matauenga, father of fierce men, with canoes and spears and fish-hooks made from his trees, and with nets woven from his fibrous plants, that they may destroy withal the fish, the Sea-god's children; and the Sea-god turns in wrath upon the Forest-god, overwhelms his canoes with the surges of the sea, sweeps with floods his trees and houses into the boundless ocean. Next the god of storms pushed on to attack his brothers the gods and progenitors of the tilled food and the wild, but Papa, the Earth, caught them up and hid them, and so safely were these her children concealed by their mother, that the Storm-god sought for them in vain, So he fell upon the last of his brothers, the father of fierce men, but him he could not even shake,

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. Where did you let them fall? Come with me, and I will help you look.

. How does it seem to you?

. My Princess is not the one who has the kindest heart.

. Wait! The Prince has brought three gifts for the Princesses—a jewel, a book, and a flower. He does not know which gift to offer to which. Choose each of you for herself.

. I choose the jewel.

. I choose the book.

. I choose the flower.

. She who chose the jewel was thinking of appearing well before others. She who chose the book was thinking of appearing well to herself. She who chose the flower was thinking of helping her sisters to appear well, for she was thinking of others and not of herself. What do you say now?

. That she is my Princess, and you are the good fairy who has taught me how to live.

. A poor old woman, and no fairy.

. And are you going to stand there like a post and listen while he insults me? You ought to declare war on the King, his father.

. No! Not a fourth beating, no! I am delighted that your sister should be the chosen one. [To the ] You carry away the most precious jewel in my crown.

. I shall tear out his eyes.

. Silence, rubbish! [To the ] I had not intended to say anything, but tales are tales.

. Fairy stories, lies! Place no reliance except upon science.


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 though he put forth all his strength. What cared Tu-matauenga for his brother's wrath? He it was who ha<d planned the destruction of their parents, and had shown himself brave and fierce in war; his brethren had yielded before the tremendous onset of the Storm-god and his progeny; the Forest-god and his offspring had been broke and torn in pieces; the Sea-god and his children had fled to the depths of the ocean or the recesses of the shore the gods of food had been safe in hiding; but man still stood erect and unshaken upon the bosom of his mother Earth, and at last the hearts of the Heaven and the Storm became tranquil, and their passion was assuaged.

But now Tu-matauenga, father of fierce men, took thought how he might be avenged upon his brethren who had let him unaided to stand against the god of storms. He twisted nooses of the leaves of the whanake tree, and the birds an beasts, children of Tane the Forest-god, fell before him; he netted nets from the flax-plant, and dragged ashore the fish the children of Tangaroa the Sea-god; he found in the hiding-place underground the children of Rongo-ma-tan the sweet potato and all cultivated food, and the children of Haumia-tikitiki, the fern-root and all wild-growing food, he dug them up and let them wither in the sun. Yet, though he overcame his four brothers, and they became his food over the fifth he could not prevail, and Tawhiri-ma-tea, the Storm-god, still ever attacks him in tempest and hurricane striving to destroy him both by sea and land. It was the bursting forth of the Storm-god's wrath against his brethren that caused the dry land to disappear beneath the waters the beings of ancient days who thus submerged the land were Terrible-rain, Long-continued-rain, Fierce-hailstorm and their progeny were Mist, and Heavy-dew, and Light dew, and thus but little of the dry land was left standing above the sea. Then clear light increased in the world, all the beings who had been hidden between Rangi and Papa before they were parted, now multiplied upon the earth 'Up to this time the vast Heaven has still ever remained

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. Take advantage of your opportunities, whatever they may be, say I; that's my science.

. Here come your parents.

. Happiness at last!

. Ah! My excellent friend!

. My son!

. Chuchurumbo, fly to these arms!

. You seem remarkably well preserved.

. How did you happen to follow me?

. We heard that you were wandering about the world doing fearful and foolhardy things, so at the word, accoutred as we were, we set out upon our journey. [To the ] Is this the care that you take of your Prince?

. Sire, by nature the Prince is impetuous. It is impossible to govern him.

. Pay no attention to what he says. As you see, no harm has come to me.

. You took the fairy-tales literally, and you thought that you saw good fairies and ogres and princesses everywhere, like those in the stories. And you were on the point of losing your life! You might even have married an insufferable woman.

. What is that, your Majesty? What is that you say about being insufferable? The one who is insufferable, the one who has had no bringing up, the jackanapes, is your son. Little monkey!

. What sort of Princess is this?

. Are you undeceived now? Have you learned that life is not a fairy-tale?

. No, on the contrary, I have found all my dreams realized, because I have believed in them. I have found good people, like the good fairies; I have found fierce and


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 cruel robbers, like the ogres; I have found a Princess, like the princesses of the fairy-tales. Upon this good old woman, who has saved me by her pity and undeceived me by her experience, I beg you to bestow rich guerdons and rewards, for she was my good fairy. Upon those ferocious villains, who, like the ogres, oppress the poor and carry misery and suffering everywhere in their train, hardened by their selfishness and enslaved by their greed, I invoke your justice. Upon my dear Princess, who, if she is not the youngest of the daughters of a king, as in the stories, is at least she who has merited my love and won my heart, I implore the blessing of a father's love. You see now that my journey was not so unfortunate; it could not disillusion me of my ideals. I have learned that we all have a good, protecting fairy at our sides, and that if we listen to her always, we can make happy those who surround us and we can be happy also ourselves. I have learned that it is necessary to dream beautiful things in order to do beautiful things. Glory to the fairy-tales! I shall never speak ill of one of them! Happy are they who know how to make out of life one beautiful tale!

. My dear children, the applause of your little hands is the greatest glory for a poet, for you are the future. May the days of your lives, which are the future of our beloved country, be all as a fairy-tale, in which the good may always triumph over everything that is evil. And may you all be happy like the Blue Prince in this story, my dear children.

Curtain


text: Index:Bourne v. Walt Disney (S.D.N.Y. 1992).pdf


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 NOVEL FOR THE STAGE ARRANGED IN FIVE TABLEAUX


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Page:Bourne v. Walt Disney (S.D.N.Y. 1992).pdf/1

1974

Action by American Speedy Printing Centers Inc. against Sir Speedy Inc. for trademark infringement, dilution, and unfair competition. On plaintiff’s motion for a preliminary injunction, Motion denied.

Nimmons, J.

Before the Court for consideration is the Plaintiff’s Motion for Temporary Restraining Order and/or Preliminary Injunction (Dkt. #2). The Plaintiff, franchisor of quick printing centers, uses the expression: “It’s Right, It’s On Time, Or It’s Free Guarantee” to promote its printing services. The Plaintiff seeks to enjoin the Defendant, also a franchisor of quick printing centers, from using the phrase: “We Do It Right Or We Do It Over. We Do It On Time Or We Do It Free” in connection with the promotion of the Defendant’s services.

In order to justify the issuance of a preliminary injunction, the moving party must establish the following four criteria: "1. A substantial likelihood that the movant will eventually prevail on the merits;

2. The movant will suffer irreparable injury unless the injunction is issued;

3. The injury to the movant outweighs whatever danger the proposed injunction may cause the party opposing the injunction; and

4. The injunction, if issued, would not be adverse to the public interest."

(emphasis supplied). Canal Authority v. Callaway, 489 F.2d 567, 572-73 (5th Cir. 1974). Moreover, the issuance of an injunction is an extraordinary and drastic remedy which will not be granted unless the moving party clearly carries the burden of persuasion as to all four prerequisites. United States v. Jefferson County, 720 F.2d 1511, 1519 (11th Cir. 1983).

In Count I and Count II of its verified complaint, the Plaintiff asserts causes of action against the Defendant for trademark infringement and unfair competition in violation of 15 U.S.C. § 1125(a), and for common law trademark infringement and unfair competition. In Counts III and IV the Plaintiff alleges violations of Florida Statute Sections 495.151 and 501.204.


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 soul, common to plants and to the higher organisms possessing an animal soul in addition, was familiar to medieval philosophy, and is not yet forgotten by naturalists. But in the lower ranges of culture, at least within one wide district of the world, the souls of plants are much more fully identified with the souls of animals. The Society Islanders seem to have attributed 'varua,' i.e. surviving soul or spirit, not to men only but to animals and plants. The Dayaks of Borneo not only consider men and animals to have a spirit or living principle, whose departure from the body causes sickness and eventually death, but they also give to the rice its 'samangat padi,' or 'spirit of the paddy,' and they hold feasts to retain this soul securely, lest the crop should decay. The Karens say that plants as well as men and animals have their 'là' ('kelah'), and the spirit of sickly rice is here also called back like a human spirit considered to have left the body. Their formulas for the purpose have even been written down, and this is part of one:—O come, rice kelah, come. Come to the field. Come to the rice. . . . Come from the West. Come from the East. From the throat of the bird, from the maw of the ape, from the throat of the elephant. . . From all granaries come. O rice kelah, come to the rice.' There is reason to think that the doctrine of the spirits of plants lay deep in the intellectual history of South-East Asia, but was in great measure superseded under Buddhist influence. The Buddhist books show that in the early days of their religion, it was matter of controversy whether trees. had souls, and therefore whether they might lawfully be injured. Orthodox Buddhism decided against the treesouls, and consequently against the scruple to harm them, declaring trees to have no mind or sentient principle,

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text: Primitive Culture/Chapter 1

title: Primitive Culture/Chapter 1


text: Primitive Culture/Chapter 2

title: Primitive Culture/Chapter 2


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Page:Bourne v. Walt Disney (S.D.N.Y. 1992).pdf/2

25 USPQ2d The claims of federal trademark infringement and unfair competition and common law trademark infringement are essentially the same and can be considered simultaneously. See Contemporary Restaurant Concepts, Ltd. v. Las Tapas-Jacksonville, Inc., 753 F. Supp. 1560, 1562-63 [19 USPQ2d 1411] (M.D. Fla. 1991). The initial inquiry is whether the word or phrase is protectable. Zatarains, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786, 790 [217 USPQ 988] (11th Cir. 1983). Whenever a word or phrase conveys an immediate idea of the qualities, characteristics, effect, purpose or ingredients of a product or service, it is classified as descriptive and cannot be claimed as an exclusive trademark. Id. at 792.

A descriptive term is protectable only if it has acquired secondary meaning which refers to the tendency of the consuming public to associate a term with a particular producer or source. Contemporary Restaurant Concepts, Ltd. v. Las Tapas-Jacksonville, Inc., 753 F. Supp. 1560, 1564 [19 USPQ2d 1411] (M.D. Fla. 1991). The evidentiary burden necessary to establish secondary meaning for a descriptive term is substantial, and the burden of proof rests with the plaintiff. Zatarains, Inc., at 794.

In the case at bar, the Plaintiff has not demonstrated a substantial likelihood that it is likely to succeed in proving secondary meaning at trial. The Plaintiff has only recently adopted the expression and the Defendant has demonstrated that other quick printing businesses have also used similar expressions in the past.

In addition, the Plaintiff cannot prevent the Defendant’s fair use of the expression. The “fair use” defense applies only to descriptive terms and requires that the term be “ ‘used fairly and in good faith only to describe to users the goods or services of such party, or their geographic origin.’ ” Zatarains, Inc., at 796 (citing 15 U.S.C. § 1115(b)(4)). In the instant case, the Plaintiff has failed to show that the Defendant’s use of the expression at issue constitutes a trademark use as distinguished from the use of the expression in its primary descriptive sense.

The Plaintiff has alleged a violation of Florida Statute Section 495.151 which expands the protection of trademark law by preventing the dilution of the distinctiveness and value of a trade name and mark. Blanding Automotive Center, Inc. v. Blanding Automotive, Inc., 568 So.2d 490, 492 (Fla. 1st DCA 1990). “ ‘Dilution’ focuses on the uniqueness or distinctiveness of the trade name and mark and requires some proof that the defendant’s use of the trade name and mark decreases its commercial value.” Id. The Court is of the view that the Plaintiff has not demonstrated a substantial likelihood of prevailing on the merits of this claim.

The Plaintiff has alleged that the Defendant violated Florida Statute Section 501.204 by engaging in unfair and deceptive trade practices, A violation under this section includes the concept of “palming off”, consisting of the Defendant’s attempting to market its services as though it were the Plaintiff. Contemporary Restaurant Concepts, Ltd., at 1565. The Court is of the view that the Plaintiff has not demonstrated a substantial likelihood of prevailing on the merits of this claim. Because the Plaintiff has not proved its likelihood of success on the merits, the Court will not treat the remaining factors regarding the issuance of a preliminary injunction. Accordingly, it is

ORDERED AND ADJUDGED that the Plaintiff’s Motion for Temporary Restraining Order and/or Preliminary Injunction (Dkt. #2) is DENIED.


text: Primitive Culture/Chapter 3

title: Primitive Culture/Chapter 3


text: Primitive Culture/Chapter 4

title: Primitive Culture/Chapter 4


text: Primitive Culture/Chapter 5

title: Primitive Culture/Chapter 5


text: Primitive Culture/Chapter 6

title: Primitive Culture/Chapter 6


text: Primitive Culture/Chapter 7

title: Primitive Culture/Chapter 7


text: Primitive Culture/Chapter 8

title: Primitive Culture/Chapter 8


text: Primitive Culture/Chapter 9

title: Primitive Culture/Chapter 9


text: Primitive Culture/Chapter 10

title: Primitive Culture/Chapter 10


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 form of forests over the hills; grass spreads across the plains, and great animals follow it out into the open. What does it all signify? No more than green moss spreading over an old tile. Steadily the earth cools and the day lengthens. Through long ages of warmth and moisture the wealth of unmeaning life increases; come ages of chill and retrocession, glacial periods, and periods when whole genera and orders die out. Comes man at last, the destroyer, the war-maker, setting fire to the world, burning the forests, exhausting the earth. What hope has he in the end? Always the day drags longer and longer and always the sun radiates its energy away. A time will come when the sun will glow dull red in the heavens, shorn of all its beams, and neither rising nor setting. A day will come when the earth will be as dead and frozen as the moon A spirit in our hearts, the God of mankind, cries 'No!' but is there any voice outside us in all the cold and empty universe that echoes that 'No'?"

"Ah, Mr. Huss, Mr. Huss!" said Sir Eliphaz.

His eye seemed seeking some point of attachment, and found it at last in the steel engraving of Queen Victoria giving a Bible to a dusky potentate, which adorned the little parlour.

"Your sickness colours your vision," said Sir Eliphaz. "What you say is so profoundly true and so utterly false. Mysteriously evolved, living as you say in a mere bloom of air and moisture upon this


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326 the day fixed, a religious service is performed in the family by the family priest, consisting principally of the worship of, the goddess of learning, after which, the hand of the child is guided by the priest to form the letters of the alphabet, and he is also then taught, for the first time, to pronounce them. This ceremony is not of indispensable obligation on Hindus, and is performed only by those parents who possess the means and intention of giving their children more extended instruction. It is strictly the commencement of the child’s school-education, and in some parts of the country he is almost immediately sent to school.”

It remains only farther to state, in connection with this subject, that as there is a specific routine of instruction, the age of leaving school must depend upon the age of commencement; and that the average age of the scholars for all the districts, when they enter school, is from 5 to 6 years; and the average age when they usually leave school, from 13 to 16 years. Hence, the whole period spent at school varies from 5 to 10 years,—“an enormous consumption of time,” as Mr. Adam truly remarks, “specially at the more advanced ages, considering the nature and amount of the instruction communicated.”

5. The nature and amount of the instruction communicated.—There are in general four stages or gradations in the course of instruction, indicated by the nature of the materials employed for writing on, viz. the ground, the palm-leaf, the plantain-leaf, and paper. The following is the lucid sketch which Mr. Adam supplies of a complete course of Bengali vernacular instruction:—

“The first period seldom exceeds ten days, which are employed in teaching the young scholars to form the letters of the alphabet on the ground with a small stick or slip of bamboo. The sand-board is not used in this district, probably to save expense. The second period, extending from two and a half to four years, according to the capacity of the scholar, is distinguished by the use of the palm-leaf, as the material on which writing is performed. Hitherto the mere form and sound of the letters have been taught, without regard to their size and relative proportion; but the master, with an iron style, now writes on the palm-leaf letters of a determinate size, and in due proportion to each other, and the scholar is required to trace them on the same leaf with a reed-pen and with charcoal-ink, which easily rubs out. This process is repeated over and over again on the same leaf, until the scholar no longer requires the use of the copy to guide him in the formation of the letters of a fit size and proportion, and he is consequently next made to write them on another leaf which has no copy to direct him. He is afterwards exercised in writing and pronouncing the compound consonants, the syllables formed by the junction of vowels with consonants, and the most common names of persons. In other parts of the country, the names of castes, rivers, mountains, &c. are written, as well as of persons; but here the names of persons only are employed as a school-exercise. The scholar is then taught to write and read, and by frequent repetition he commits to memory the Cowrie Table, the Numeration Table as far as one hundred, the Katha Table (a land-measure table), and the Seer Table (a dry-measure table). There are other tables in use elsewhere, which are not taught in the schools of this district. The third stage of


text:
Page:Bourne v. Walt Disney (S.D.N.Y. 1992).pdf/3

1976 Action by Bourne Co. against The Walt Disney Co., Buena Vista Home Video, Tower Records Inc., Barnes & Noble Bookstores Inc., Record Explosion Inc., Blockbuster Entertainment Corp., RKO Warner Video Inc., and Does 1 through 100, for copyright infringement. On defendants’ motion for summary judgment. Denied.

Stanton, J.

Bourne Co. (“Bourne”) brought this action alleging that defendants have infringed its copyrights to musical compositions from the movies “Snow White and the Seven Dwarfs” and “Pinocchio.” Defendants move for summary judgment pursuant to Fed. R. Civ. P. 56.

Defendants argue that because Bourne renewed its copyrights under the name of a previously dissolved corporation, “Bourne, Inc.,” rather than its true name, “Bourne Co.,” the copyrights are invalid and unenforceable in this action. See International Film Exchange v. Corinth Films, 621 F. Supp. 631, 635 (S.D.N.Y. 1985) (Licenseelicensee [sic] could not validly renew copyright).

The Second Circuit has stated, however, that the copyright statute “grants valuable rights to persons who create subject matter which is copyrightable and that useless technicalities are not to be allowed to cut down the benefits conferred.” United States v. Backer, 134 F.2d 533, 536 [57 USPQ 10] (2d. Cir. 1943). In Backer, the court held that because “appellant was not prejudiced,” a mistake in the timing of the copyright application was not enough to invalidate the copyright. Citing Backer, the court in Pantone, Inc. v. A.I. Friedman, 294 F. Supp. 545 [160 USPQ 530] (S.D.N.Y. 1968), declined to invalidate a copyright even though the application was in the name of “Pantone Press, Inc.” rather than its true name, “Pantone, Inc.” See also, [sic] Alart Associates, Inc. v. Aptaker, 279 F. Supp. 268, 270 [156 USPQ 559] (S.D.N.Y. 1968): "[D]efendants do not point to any prejudice suffered by them or the public as a result of plaintiff’s mistake. On the contrary, the name “Alart, Inc.” appears sufficiently close to plaintiff’s full name to identify plaintiff as the copyright owner, so that the public would be aware of the existence of its copyright and not be misled. In the absence of prejudice, an innocent clerical error in the application and certificate of registration, unaccompanied by fraud, does not invalidate the copyright or render it incapable of supporting an infringement action."

In another decision, coincidentally involving The Walt Disney Company and musical compositions from “Snow White,” the court found that the difference between “The Thornton Allen Company,” the name under which the copyright was registered, and “T.W. Allen Company,” the name under which the individual plaintiff had filed the requisite certificate that he was doing business, was “a slight variationvariance [sic] and, [sic] is not material.” Allen v. Walt Disney, 41 F. Supp. 134, 135 [50 USPQ 365] (S.D.N.Y. 1941). See also, [sic] Thomas Wilson & Co. v. Irving J. Dorfman Co., 433 F.2d 409, 412 [167 USPQ 417] (2d. Cir. 1970) (fact that president of corporation, rather than corporation, was named as author on application did not affect validity of copyright because error was made in good faith).

The copyright renewals at issue here were filed under the name “Bourne, Inc.” even though that company had been dissolved and all rights to the musical compositions had passed to Bonnie Bourne, doing business as “Bourne Co.” Defendants, however, have not shown that they were prejudiced by the error, or that the public was in any way misled as to the true owner. Bonnie Bourne, in fact, was the sole owner of both Bourne entities. In the absence of prejudice or fraud, this court will “preserve copyrights rather than invalidate them on the basis of minor defects in registration certificates.” Huk-a-Poo Sportswear, Inc. v. Little Lisa, Ltd., 74 F.R.D. 621, 624 [195 USPQ 763] (S.D.N.Y. 1977).

Accordingly, Defendants’ motion is denied.

So ordered.


text: Bourne Co. v. Walt Disney Co. (S.D.N.Y. 1992)


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 tiny planet, how could we exist, how could we continue, were we not sustained in every moment by the Mercy and Wisdom of God? The flimsier life is, the greater the wonder of his Providence. Not a sparrow," said Sir Eliphaz, and then enlarging the metaphor with a boom in his voice, "not a hair of my head, falls to the ground without His knowledge and consent I am a man much occupied. I cannot do the reading I would. But while you have been reviling the works of God I have been thinking of some wonders"

Sir Eliphaz lifted up a hand with thumb and finger opposed as though he held some exquisite thing therein.

"The human eye," said Sir Eliphaz, with an intensity of appreciation that brought tears to his own

"The cross-fertilisation of plants

"The marvellous transformations of the higher insects

"The highly elaborate wing scales of the Lepidoptera.

"The mercy that tempers the wind to the shorn lamb

"The dark warm marvels of embryology; the order and rhythm and obedience with which the cells of the fertilised ovum divide to build up the perfect body of a living thing, yea, even of a human being—in God's image. First there is one cell, then two; the process of division is extremely beautiful and is called, I believe, karyokinesis; then after the two come four, each knows his part, each divides cer-