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 is a question of law which we review de novo. Id. at 855 n. 15, 102 S.Ct. at 2189 m. 15. The burden of proving nonfunctionality is on Sega. See Rachel v. Banana Republic, Inc., 831 F.2d 1503, 1506 (9th Cir.1987). In the case before us, we conclude that the district court’s finding of nonfunctionality was based on its use of an incorrect legal standard. Viewed in the correct light, the record before us supports only one conclusion: The TMSSS initialization code is a functional feature of a Genesis-compatible game and Accolade may not be barred from using it.

“Functional features of a product are features ‘which constitute the actual benefit that the consumer wishes to purchase, as distinguished from an assurance that a particular entity made, sponsored, or endorsed a product.’ ” Vuitton et Fils S.A. v. J. Young Enterprises, Inc., 644 F.2d 769, 774 (9th Cir.1981) (quoting International Order of Job’s Daughters v. Lindeburg & Co., 633 F.2d 912, 917 (9th Cir.1980), cert. denied, 452 U.S. 941, 101 S.Ct. 3086, 69 L.Ed.2d 956 (1981)). A product feature thus is functional “if it is essential to the use or purpose of the article or if it affects the cost or quality of the article.” Inwood Laboratories, 456 U.S. at 850 n. 10, 102 S.Ct. at 2187 n. 10. The Lanham Act does not protect essentially functional or utilitarian product features because such protection would constitute a grant of a perpetual monopoly over features that could not be patented. Keene Corp. v. Paraflex Industries, Inc., 653 F.2d 822, 824 (3d Cir.1981). Even when the allegedly functional product feature is a trademark, the trademark owner may not enjoy a monopoly over the functional use of the mark. Job’s Daughters, 633 F.2d at 918–19.

In determining whether a product feature is functional, a court may consider a number of factors, including—but not limited to—“the availability of alternative designs; and whether a particular design results from a comparatively simple or cheap method of manufacture.” ''Clamp Mfg. Co. v. Enco Mfg. Co., Inc., 870 F.2d 512, 516 (9th Cir.), cert. denied'', 493 U.S. 872, 110 S.Ct. 202, 107 L.Ed.2d 155 (1989). The availability of alternative methods of manufacture must be more than merely theoretical or speculative, however. The court must find “that commercially feasible alternative configurations exist.” Id. (emphasis added). Moreover, some cases have even suggested that in order to establish nonfunctionality the party with the burden must demonstrate that the product feature “ ‘serves no purpose other than identification.’ ” Keene Corp., 653 F.2d at 826 (quoting SK & F Co. v. Premo Pharmaceutical Laboratories, Inc., 625 F.2d 1055, 1063 (3d Cir.1980)). With these principles in mind, we turn to the question whether the TMSS initialization code is a functional feature of a Genesis-compatible game.

It is indisputable that, in the case before us, part of “the actual benefit that the consumer wishes to purchase” is compatibility with the Genesis III console. The TMSS initialization code provides that compatibility. Sega argues that the modified cartridges that were introduced in the district court establish the actual existence of technically and commercially feasibly alternative methods of gaining access to the Genesis III. The cartridges were prepared by Nagashima, an employee in Sega’s Hardware Research and Development Department who was “familiar with the TMSS system”. At most, the Nagashima affidavit establishes that an individual familiar with the operation of the TMSS can discover a way to engineer around it. It does not establish that a competitor with no knowledge of the working of the TMSS could do so. Nor is there any evidence that there was any public or industry awareness of any alternate method for gaining access to the Genesis III. Evidence that an individual, even an independent expert, produced one or more cartridges is not sufficient proof that an alternate method exists. What is needed for proof of that fact is proof of the method itself. Here, such proof is totally lacking. What is also needed is proof that knowledge of the alternate method exists or is readily available to knowledgeable persons in the industry. That proof also is totally lacking here. Accordingly, the district court erred as a matter of law in concluding that the Nagashima declaration and the modified cartridges were sufficient to establish nonfunctionality.


text: Category:Stupidity

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

title: Category:Stupidity


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This Sonnet belongs to another publication, but from its fitness for this place is inserted here also.

"Voilà un énfer d'eau," cried out a German Friend of Ramond, falling on his knees on the scaffold in front of this Waterfall. See Translation of Coxe.

Aloys Reding, it will be remembered, was Captain-General of the Swiss forces, which with a courage and perseverance worthy of the cause, opposed the flagitious, and too successful, attempt of Buonaparte to subjugate their country.

"The Staub-bach" is a narrow Stream, which, after a long course on the heights, comes to a sharp edge of a somewhat overhanging precipice, overleaps it with a


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 this must be borne in mind while reading the following letters. And it must likewise be borne in mind—by those who, surviving her, look back upon her life from their mount of observation,—how no distaste, no suffering ever made her shrink from any course which she believed it to be her duty to engage in.

"March 3, 1841.

"I told you some time since, that I meant to get a situation, and when I said so my resolution was quite fixed. I felt that however often I was disappointed, I had no intention of relinquishing my efforts. After being severely baffled two or three times,—after a world of trouble in the way of correspondence and interviews,—I have at length succeeded, and am fairly established in my new place.

"The house is not very large, but exceedingly comfortable and well regulated; the grounds are fine and extensive. In taking the place, I have made a large sacrifice in the way of salary, in the hope of securing comfort,—by which word I do not mean to express good eating and drinking, or warm fire, or a soft bed, but the society of cheerful faces, and minds and hearts not dug out of a lead-mine, or cut from a marble quarry. My salary is not really more than 16l. per annum, though it is nominally 20l., but the expense of washing will be deducted therefrom. My pupils are two in number, a girl of eight, and a boy of six. As to my employers, you will not expect me to say much about their characters


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 bound, and, after a fall of 930 feet, forms again a rivulet. The vocal powers of these musical Beggars may seem to be exaggerated; but this wild and savage air was utterly unlike any sounds I had ever heard; the notes reached me from a distance, and on what occasion they were sung I could not guess, only they seemed to belong, in some way or other, to the Waterfall and reminded me of religious services chaunted to Streams and Fountains in Pagan times.

"Engelberg," the Hill of Angels, as the name implies. The Convent whose site was pointed out, according to tradition, in this manner, is seated at its base. The Architecture of the Building is unimpressive, but the situation is worthy of the honour which the imagination of the Mountaineers has conferred upon it.

"Nearly 500 years (says Ebel, speaking of the French Invasion,) had elapsed, when, for the first time, foreign


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 Soldiers were seen upon the frontiers of this small Canton, to impose upon it the laws of their Governors."

This Church was almost destroyed by lightning a few years ago, but the Altar and the Image of the Patron Saint were untouched. The Mount, upon the summit of which the Church is built, stands in the midst of the intricacies of the Lake of Lugano; and is, from a hundred points of view, its principal ornament, rising to the height of 2000 feet, and, on one side, nearly perpendicular. The ascent is toilsome; but the Traveller who performs it will be amply rewarded.—Splendid fertility, rich woods and dazzling waters, seclusion and confinement of view contrasted with sea-like extent of plain fading into the sky; and this again, in an opposite quarter, with an horizon of the loftiest and boldest Alps—unite in composing a prospect more diversified by magnificence, beauty, and sublimity, than perhaps any other point in Europe, of so inconsiderable an elevation, commands.


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The Statues ranged round the Spire and along the roof of the Cathedral of Milan, have been found fault with by Persons whose exclusive taste is unfortunate for themselves. It is true that the same expense and labour judiciously directed to purposes more strictly architectural, might have much heightened the general effect of the building; for, seen from the ground, the Statues appear diminutive. But the coup d'œil, from the best point of view, which is half way up the Spire, must strike an unprejudiced Person with admiration; and surely the selection and arrangement of the Figures is exquisitely fitted to support the religion of the Country in the imaginations and feelings of the Spectator. It was with great pleasure that I saw, during the two ascents which we made, several Children, of different ages, tripping up and down the slender spire, and pausing to look around them, with feelings much more animated than could have been derived from these, or the finest works of art, if placed within easy reach.—Remember also that you have the Alps on one side, and on the other the Apennines, with the Plain of Lombardy between!


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This Procession is a part of the sacramental service performed once a month. In the Valley of Engelberg we had the good fortune to be present at the Grand Festival of the Virgin—but the Procession on that day, though consisting of upwards of 1000 Persons, assembled from all the branches of the sequestered Valley, was much less striking (notwithstanding the sublimity of the surrounding scenery): it wanted both the simplicity of the other and the accompaniment of the Glacier-columns, whose sisterly resemblance to the moving Figures gave it a most beautiful and solemn peculiarity.

Near the Town of Boulogne, and overhanging the Beach, are the remains of a Tower which bears the name of Caligula, who here terminated his western Expedition, of which these sea-shells were the boasted spoils. And, at no great distance from these Ruins, Buonaparte, standing upon a mound of earth, harangued his "Army


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 of England," reminding them of the exploits of Cæsar, and, pointing towards the white cliffs upon which their standards were to float. He recommended also a subscription to be raised among the Soldiery to erect on that Ground, in memory of the Foundation of the "Legion of Honour," a Column,—which was not completed at the time we were there.

This is a most grateful sight for an Englishman returning to his native land. Every where one misses, in the cultivated scenery abroad, the animating and soothing accompaniment of animals ranging and selecting their own food at will.

Dr. Darwin, describing the destruction of the army of Cambyses.


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text: Memorials of a Tour on the Continent, 1820/Notes


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text: Memorials of a Tour on the Continent, 1820/In a Carriage, upon the Banks of the Rhine


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 Because the TMSS serves the function of regulating access to the Genesis III, and because a means of access to the Genesis III console without using the TMSS initialization code is not known to manufacturers of competing video game cartridges, there is an insufficient basis for a finding of nonfunctionality. Moreover, we note that the only evidence in the record (other than the Nagashima declaration) relating to Accolade’s ability to gain access to the Genesis III through the use of any process other than the TMSS is the affidavit of Alan Miller. Miller stated that Accolade’s software engineers—who, absent any evidence to the contrary, we presume to be reasonably competent representatives of their profession—have not been able to discover such a method. This evidence supports our conclusion that Sega has not met its burden of establishing nonfunctionality.

Sega argues that it is not required to share with Accolade or with any other competitor the secrets of how the TMSS works, and how to engineer around it. Sega is correct—the law does not require that it disclose its trade secrets to Accolade in connection with its effort to prevail on its Lanham Act claim, nor in connection with its effort to defend itself against Accolade’s counterclaim. Nevertheless, a Lanham Act plaintiff is not entitled to prevail in litigation solely on the basis of unsupported assertions. Rather, it has a choice. It can take its chances and proceed to trial without the sensitive evidence. Alternatively, if it believes the evidence important to the resolution of the dispute, it may seek a protective order from the court pursuant to Federal Rule of Civil Procedure 26(c)(7) governing discovery. “The protective order is not a substitute for [evidence relevant to the merits]. Its purpose … is to prevent harm by limiting disclosure of relevant and necessary information.” Micro Motion, Inc. v. Kane Steel Co., Inc., 894 F.2d 1318, 1325 (Fed.Cir.1990) (emphasis omitted). Upon a showing that a protective order is warranted, see American Standard, Inc. v. Pfizer Inc., 828 F.2d 734, 739–44 (Fed.Cir.1987), the court may restrict access to the disputed material to the opposing party’s counsel, or may allow the parties to retain independent experts to evaluate material that is subject to the protective order. See, e.g., Safe Flight Instrument Corp. v. Sundstrand Data Control, Inc., 682 F.Supp. 20, 22 (D.Del.1988) (listing cases). The latter solution is particularly helpful to the court in a case such as this one, in which the dispute is highly technical in nature. However, neither the district court nor Sega took advantage of this procedure. Thus there is no independent evidence to support the conclusion offered by Nagashima.

In summary, because Sega did not produce sufficient evidence regarding the existence of a feasible alternative to the use of the TMSS initialization code, it did not carry its burden and its claim of nonfunctionality fails. Possibly, Sega will be able to meet its burden of proof at trial. We cannot say. However, we conclude that in light of the record before the district court, Sega was not entitled to preliminary injunctive relief under the Lanham Act.

Finally, we decline to order the district court to grant Accolade preliminary injunctive relief on its Lanham Act claim. If requested, the district court may reconsider that issue in light of the legal principles we


text: Memorials of a Tour on the Continent, 1820/Hymn, for the Boatmen, as they Approach the Rapids, Under the Castle of Heidelberg


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 272 impending decree. Yet, if it is strictly true that the dogma was passed with practical unanimity of all present, on the value of that unanimity opinions will legitimately differ.

The conduct of the minority has been not unnaturally severely criticised. They grew feeble, says Ollivier, the head of the French ministry, just in proportion as actions ought to have taken the place of words. Their arguments in their last consultation were weakness itself. Not to renew their protest in the Public Session was virtually to cancel the protest already made. It insured for the decree just that unanimity which its advocates desired, and which its opponents knew that it did not possess. It was a confession that they dared not utter Yes or No.

Before Dupanloup left the city he sent the Pope a letter suggesting one last expedient for averting the evils which a decree of Infallibility would involve. Let the Pope personally decline to confirm the decree. Let him say in the Public Session that he thankfully recognises the remarkable tribute to the prerogatives of his See, in the votes of so numerous an assembly of Bishops; nevertheless, considering the circumstances, and after mature reflection, he believes it more in accordance with apostolic wisdom and prudence to withhold his definite approval until a less disturbed and more propitious time. Dupanloup assured the Pope that this manœuvre would solve the problem, release men unexpectedly at the last moment from incalculable misfortunes, astonish the world, and win universal reverence and admiration. This singular epistle terminated with a promise to preserve inviolable silence on the advice which he ventured to give.

The night passed. Early on the morning of the


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Rh this idea, because when he brought the horse out for inspection in Beirout, he kept jerking at the bridle and shouting in Ara- bic, “Ho! will you? Do you want to run away, you ferocious beast, and break your neck?” when all the time the horse was not doing any thing in the world, and only looked like he wanted to lean up against something and think. Whenever he is not shying at things, or reaching after a fly, he wants to do that yet. How it would surprise his owner to know this.

We have been in a historical section of country all day. At noon we camped three hours and took luncheon at Mekseh, near the junction of the Lebanon Mountains and the Jebel el Kuneiyiseh, and looked down into the immense, level, garden-like Valley of Lebanon. To-night we are camping near the same valley, and have a very wide sweep of it in view. We can see the long, whale-backed ridge of Mount Hermon projecting above the eastern hills. The “dews of Hermon” are falling upon us now, and the tents are almost soaked with them.

Over the way from us, and higher up the valley, we can discern, through the glasses, the faint outlines of the wonderful ruins of Baalbec, the supposed Baal-Gad of Scripture. Joshua, and another person, were the two spies who were sent into this land of Canaan by the children of Israel to report upon its character—I mean they were the spies who reported favorably. They took back with them some specimens of the grapes of this country, and in the children’s picture-books they are always represented as bearing one monstrous bunch swung to a pole between them, a respectable load for a pack-train. The Sunday-school books exaggerated it a little. The grapes are most excellent to this day, but the bunches are not as large as those in the pictures. I was surprised and hurt when I saw them, because those colossal bunches of grapes were one of my most cherished juvenile traditions.

Joshua reported favorably, and the children of Israel journeyed on, with Moses at the head of the general government, and Joshua in command of the army of six hundred thousand fighting men. Of women and children and civilians there was


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 ] eventful 18th of July, Dupanloup's reflections were interrupted by a sudden exclamation from his travelling companion, Archbishop Haynald, who sat at the opposite corner of the carriage. "Monseigneur," said Haynald, "we have made a great mistake." Dupanloup had no heart for further discussion. He made a sign that he wished to say his Office. Archbishop Haynald was right. If, as Dupanloup told the clergy, Bishops united in council with the Pope "decide questions as witnesses of the faith of their Churches, as judges by divine right" it would seem to be not only their right, but their very awful duty and inalienable responsibility to allow no sentiment of respect for the office of another to silence their convictions and frustrate their decisions. Thus it is true that the minority melted away, and that the ultimate proclamation was made with practical unanimity; but this was due to a regard for sentiment which was, under the circumstances, wholly out of place. The Bishop who told his diocese that the definition of such prerogatives demanded other considerations than sentiment or filial piety, could not consistently withdraw his testimony to the faith of the Church just in the most critical moment that ever awaited him.

Meanwhile in Rome the final declaration was made. In the presence of his faithful majority, in the midst of one of the fiercest storms ever known to break across the city, accompanied by thunder and lightning, while rain poured in through the broken glass of the roof close to the spot where the Pope was standing, Pius IX. read in the darkness, by the aid of a candle, the momentous affirmation of his own Infallibility. Variously explained by friend and foe, the storm and the darkness are by the one compared to the solemn legislation on


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442 a countless swarm. Of all that mighty host, none but the two faithful spies ever lived to set their feet in the Promised Land. They and their descendants wandered forty years in the desert, and then Moses, the gifted warrior, poet, statesman and philosopher, went up into Pisgah and met his mysterious fate. Where he was buried no man knows—for

Then Joshua began his terrible raid, and from Jericho clear to this Baal-Gad, he swept the land like the Genius of Destruction. He slaughtered the people, laid waste their soil, and razed their cities to the ground. He wasted thirty-one kings also. One may call it that, though really it can hardly be called wasting them, because there were always plenty of kings in those days, and to spare. At any rate, he destroyed thirty-one kings, and divided up their realms among his Israelites. He divided up this valley stretched out here before us, and so it was once Jewish territory. The Jews have long since disappeared from it, however.


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 274 Sinai; by the other to tokens of divine displeasure and approaching desolation. But whatever constructions were placed upon the circumstance, the dogma decreed indisputably declared that—

For a few more meetings the diminished Council lingered on. The eighty-seventh Congregation was held on 13th August, when the total of Bishops present was reduced to 136. Two further Sessions were held on 23rd August and 1st of September, when the numbers dwindled still further to 127 and 104. But for all real purposes the Council met no more after the fourth Public Session and the proclamation of Infallibility.


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 when I tell you that I only arrived here yesterday. I have not the faculty of telling an individual's disposition at first sight. Before I can venture to pronounce on a character, I must see it first under various lights and from various points of view. All I can say therefore is, both Mr. and Mrs. seem to me good sort of people. I have as yet had no cause to complain of want of considerateness or civility. My pupils are wild and unbroken, but apparently well-disposed. I wish I may be able to say as much next time I write to you. My earnest wish and endeavour will be to please them. If I can but feel that I am giving satisfaction, and if at the same time I can keep my health, I shall, I hope, be moderately happy. But no one but myself can tell how hard a governess's work is to me—for no one but myself is aware how utterly averse my whole mind and nature are for the employment. Do not think that I fail to blame myself for this, or that I leave any means unemployed to conquer this feeling. Some of my greatest difficulties lie in things that would appear to you comparatively trivial. I find it so hard to repel the rude familiarity of children. I find it so difficult to ask either servants or mistress for anything I want, however much I want it. It is less pain for me to endure the greatest inconvenience than to go into the kitchen to request its removal. I am a fool. Heaven knows I cannot help it!

"Now can you tell me whether it is considered improper for governesses to ask their friends to come and see them. I do not mean, of course, to stay, but just for a


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] interest against their reason. The issue was solemn whichever side they chose. But the prior question which the alternative raises is this: "What is the spiritual value of an Absolute Authority which inflicted such an awful dilemma upon its own devoted sons?"


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444 amount to in a certain district. Then he farms the collection out. He calls the rich men together, the highest bidder gets the speculation, pays the Pacha on the spot, and then sells out to smaller fry, who sell in turn to a piratical horde of still smaller fry. These latter compel the peasant to bring his little trifle of grain to the village, at his own cost. It must be weighed, the various taxes set apart, and the remainder returned to the producer. But the collector delays this duty day after day, while the producer’s family are perishing for bread; at last the poor wretch, who can not but understand the game, says, “Take a quarter—take half—take two-thirds if you will, and let me go!” It is a most outrageous state of things.

These people are naturally good-hearted and intelligent, and with education and liberty, would be a happy and contented race. They often appeal to the stranger to know if the great world will not some day come to their relief and save them. The Sultan has been lavishing money like water in England and Paris, but his subjects are suffering for it now.

This fashion of camping out bewilders me. We have boot-jacks and a bath-tub, now, and yet all the mysteries the pack-mules carry are not revealed. What next?


text: Memorials of a Tour on the Continent, 1820/Local Recollection on the Heights near Hockheim


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 call of an hour or two? If it is not absolute treason, I do fervently request that you will contrive, in some way or other, to let me have a sight of your face. Yet I feel, at the same time, that I am making a very foolish and almost impracticable demand; yet this is only four miles from B!"

"March 21.

"You must excuse a very short answer to your most welcome letter; for my time is entirely occupied. Mrs. expected a good deal of sewing from me. I cannot sew much during the day, on account of the children, who require the utmost attention. I am obliged, therefore, to devote the evenings to this business. Write to me often; very long letters. It will do both of us good. This place is far better than, but, God knows, I have enough to do to keep a good heart in the matter. What you said has cheered me a little. I wish I could always act according to your advice. Home-sickness affects me sorely. I like Mr.  extremely. The children are over-indulged, and consequently hard at times to manage. Do, do, do come and see me; if it be a breach of etiquette, never mind. If you can only stop an hour, come. Talk no more about my forsaking you; my darling, I could not afford to do it. I find it is not in my nature to get on in this weary world without sympathy and attachment in some quarter; and seldom indeed do we find it. It is too great a treasure to be ever wantonly thrown away when once secured."

Miss Brontë had not been many weeks in her new


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is essential to the completeness of our exposition that we should analyse the doctrine itself which the Vatican Council decreed. The Vatican affirmation is that, under certain circumstances, the Pope is infallible, or divinely protected from error in his official utterances on faith and morals to the whole Church. We will omit for the present the limitations and confine our attention solely to the Council's statement that the Pope's Infallibility is "that with which God was pleased to endow His Church." Thus Papal Infallibility is considered co-extensive with the Church's Infallibility.

But what is Infallibility? It does not imply the granting of a new revelation. It is concerned with the exposition of a revelation already given. It is not equivalent to Inspiration, such as the Apostles possessed. It is merely "assistance by which its possessor is not permitted to err whether in the use of the means for investigating revealed truth or in proposing truth for human acceptance." It is, according to Newman, simply an external guardianship, keeping its recipient off from error: "as a man's guardian angel, without enabling him to walk, might,


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E had a tedious ride of about five hours, in the sun, across the Valley of Lebanon. It proved to be not quite so much of a garden as it had seemed from the hill-sides. It was a desert, weed-grown waste, littered thickly with stones the size of a man’s fist. Here and there the natives had scratched the ground and reared a sickly crop of grain, but for the most part the valley was given up to a handful of shepherds, whose flocks were doing what they honestly could to get a living, but the chances were against them. We saw rude piles of stones standing near the roadside, at intervals, and recognized the custom of marking boundaries which obtained in Jacob’s time. There were no walls, no fences, no hedges—nothing to secure a man’s possessions but these random heaps of stones. The Israelites held them sacred in the old patriarchal times, and these other Arabs, their lineal descendants, do so likewise. An American, of ordinary intelligence, would soon widely extend his property, at an outlay of mere manual labor, performed at night, under so loose a system of fencing as this.

The plows these people use are simply a sharpened stick, such as Abraham plowed with, and they still winnow their wheat as he did—they pile it on the house-top, and then toss it by shovel-fulls into the air until the wind has


text: Memorials of a Tour on the Continent, 1820/The Jung-Frau—and the Rhine at Shauffhausen


text: Memorials of a Tour on the Continent, 1820/Memorial, near the Outlet of the Lake of Thun


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 situation before she had a proof of the kind-hearted hospitality of her employers. Mr. wrote to her father and urgently invited him to come and make acquaintance with his daughter's new home, by spending a week with her in it; and Mrs. expressed great regret when one of Miss Brontë's friends drove up to the house to leave a letter or parcel, without entering. So she found that all her friends might freely visit her, and that her father would be received with especial gladness. She thankfully acknowledged this kindness in writing to urge her friend afresh to come and see her; which she accordingly did.

"June, 1841.

"You can hardly fancy it possible, I dare say, that I cannot find a quarter of an hour to scribble a note in; but so it is; and when a note is written, it has to be carried a mile to the post, and that consumes nearly an hour, which is a large portion of the day. Mr. and Mrs. have been gone a week. I heard from them this morning. No time is fixed for their return, but I hope it will not be delayed long, or I shall miss the chance of seeing Anne this vacation. She came home, I understand, last Wednesday, and is only to be allowed three weeks' vacation, because the family she is with are going to Scarborough. I should like to see her, to judge for myself of the state of her health. I dare not trust any other person's report, no one seems minute enough in their observations. I should very much have liked you to have seen her. I have got on very well with the servants and children so far; yet it is dreary, solitary


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Appropriations CHAPTER 578

HOUSE BILL NO. 1475 (Legislative Management) (Health Care Reform Review Committee)

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

'''SECTION 1. APPROPRIATION.''' There is appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of $8,736,675, or so much of the sum as may be necessary, and from special funds derived from federal funds and other income, the sum of $33,881,250, or so much of the sum as may be necessary, to the department of human services for the purpose of defraying the expenses of incorporating the medicaid and children's health insurance program eligibility determination functionality into the health benefit exchange, and for the purpose of defraying the corresponding costs related to the modification of the department's economic assistance eligibility system, for the period beginning November 14, 2011, and ending June 30, 2013. The department of human services is authorized one full-time equivalent position for this initiative.

'''SECTION 2. APPROPRIATION.''' There is appropriated from special funds derived from federal funds and other income, the sum of $19,346,077, or so much of the sum as may be necessary, to the information technology department for the purpose of defraying the costs of the department of human services eligibility system, for the period beginning November 14, 2011, and ending June 30, 2013. The information technology department is authorized ten additional full-time equivalent positions for the project; however, the positions are only authorized until the development and implementation of the system is completed.

'''SECTION 3. APPROPRIATION.''' There is appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of $214,123, or so much of the sum as may be necessary, and from special funds derived from federal funds and other income, the sum of $290,156, or so much of the sum as may be necessary, to the department of human services for the purpose of defraying the expenses of implementation of the federal Affordable Care Act, for the period beginning November 14, 2011, and ending June 30, 2013. The department of human services is authorized seven full-time equivalent positions for this implementation.

'''SECTION 4. APPROPRIATION.''' There is appropriated from special funds in the state treasury, not otherwise appropriated, the sum of $642,350, or so much of the sum as may be necessary, to the insurance commissioner for the purpose of defraying the expenses of implementation of the federal Affordable Care Act, for the period beginning November 14, 2011, and ending June 30, 2013. The insurance commissioner is authorized four full-time equivalent positions for this implementation.

'''SECTION 5. EFFECTIVE DATE.''' This Act becomes effective on November 14, 2011.


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 work. You can tell as well as me the lonely feeling of being without a companion."

Soon after this was written, Mr. and Mrs. returned, in time to allow Charlotte to go and look after Anne's health, which, as she found to her intense anxiety, was far from strong. What could she do, to nurse and cherish up this little sister, the youngest of them all? Apprehension about her brought up once more the idea of keeping a school. If, by this means, they three could live together, and maintain themselves, all might go well. They would have some time of their own, in which to try again and yet again at that literary career, which, in spite of all baffling difficulties, was never quite set aside as an ultimate object; but far the strongest motive with Charlotte was the conviction that Anne's health was so delicate that it required a degree of tending which none but her sister could give. Thus she wrote during those midsummer holidays.

"Haworth, July 19th, 1841.

"We waited long and anxiously for you, on the Thursday that you promised to come. I quite wearied my eyes with watching from the window, eye-glass in hand, and sometimes spectacles on nose. However, you are not to blame; and as to disappointment, why, all must suffer disappointment at some period or other of their lives. But a hundred things I had to say to you will now be forgotten, and never said. There is a project hatching in this house, which


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Page:2011 North Dakota Special Session Session Laws.pdf/4

4 Approved November 11, 2011 Filed November 11, 2011


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 both Emily and I anxiously wished to discuss with you. The project is yet in its infancy, hardly peeping from its shell; and whether it will ever come out a fine full-fledged chicken, or will turn addle, and die before it cheeps, is one of those considerations that are but dimly revealed by the oracles of futurity. Now, don't be nonplussed by all this metaphorical mystery. I talk of a plain and every-day occurrence, though, in Delphic style, I wrap up the information in figures of speech concerning eggs, chickens, etcætera, etcæterorum. To come to the point: papa and aunt talk, by fits and starts, of our—id est, Emily, Anne, and myself—commencing a school! I have often, you know, said how much I wished such a thing; but I never could conceive where the capital was to come from for making such a speculation. I was well aware, indeed, that aunt had money, but I always considered that she was the last person who would offer a loan for the purpose in question. A loan, however, she has offered, or rather intimates that she perhaps will offer, in case pupils can be secured, an eligible situation obtained, &c. This sounds very fair, but still there are matters to be considered which throw something of a damp upon the scheme. I do not expect that aunt will sink more than 150l. in such a venture; and would it be possible to establish a respectable (not by any means a showy) school, and to commence housekeeping with a capital of only that amount? Propound the question to your sister, if you think she can answer it; if not, don't say a word on the subject. As to getting into debt, that


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 have set forth. The parties have presented arguments regarding the hardships they would suffer under various circumstances. We believe those arguments should be weighed by the district court before any affirmative relief is ordered. Moreover, the parties may have additional factual material they wish to present regarding the question of Accolade’s right to preliminary injunctive relief. Pending further consideration of this matter by the district court, we are content to let the matter rest where it stands, with each party as free to act as it was before the issuance of preliminary injunctive relief. We are confident that preserving the status quo in this manner will not lead to any serious injury. Costs on appeal shall be assessed against Sega.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

Before: PREGERSON, D.W. NELSON, and THOMPSON, Circuit Judges.

In light of the petition for rehearing filed by American Commerce National Bank (ACNB), we have reconsidered twelve attorney billing statements to determine whether they fall within the attorney-client privilege as outlined in our previous decision in this case. See Clarke v. American Commerce National Bank, 974 F.2d 127 (9th Cir.1992). We agree with ACNB that these bills contain information which, if disclosed, would reveal litigation strategy.

Accordingly, it is ordered that specific portions of these bills, as indicated by ACNB, are to be redacted before they are handed over to the Comptroller of the Currency. For this purpose, we have indicated on copies of the bills that will be returned to the district court those items to be redacted. The bills to be redacted are numbered: B000092–98, B000109–11, B000152, B000164.

With this order, the petition for rehearing is denied.


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 is a thing we could none of us reconcile our minds to for a moment. We do not care how modest, how humble our commencement be, so it be made on sure grounds, and have a safe foundation. In thinking of all possible and impossible places where we could establish a school, I have thought of Burlington, or rather of the neighbourhood of Burlington. Do you remember whether there was any other school there besides that of Miss ? This is, of course, a perfectly crude and random idea. There are a hundred reasons why it should be an impracticable one. We have no connections, no acquaintances there; it is far from home, &c. Still, I fancy the ground in the East Riding is less fully occupied than in the West. Much inquiry and consideration will be necessary, of course, before any place is decided on; and I fear much time will elapse before any plan is executed Write as soon as you can. I shall not leave my present situation till my future prospects assume a more fixed and definite aspect."

A fortnight afterwards, we see that the seed has been sown which was to grow up into a plan materially influencing her future life.

"August 7th, 1841.

"This is Saturday evening; I have put the children to bed; now I am going to sit down and answer your letter. I am again by myself—housekeeper and governess—for Mr. and Mrs. are staying at . To speak truth, though I am solitary while they are


text: Sega Enterprises Ltd. v. Accolade, Inc.

title: Sega Enterprises Ltd. v. Accolade, Inc.


text: Clarke v. American Commerce National Bank (977 F.2d 1533)


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 away, it is still by far the happiest part of my time. The children are under decent control, the servants are very observant and attentive to me, and the occasional absence of the master and mistress relieves me from the duty of always endeavouring to seem cheerful and conversable. Martha, it appears, is in the way of enjoying great advantages; so is Mary, for you will be surprised to hear that she is returning immediately to the Continent with her brother; not, however, to stay there, but to take a month's tour and recreation. I have had a long letter from Mary, and a packet containing a present of a very handsome black silk scarf, and a pair of beautiful kid gloves, bought at Brussels. Of course, I was in one sense pleased with the gift—pleased that they should think of me so far off, amidst the excitements of one of the most splendid capitals of Europe; and yet it felt irksome to accept it. I should think Mary and Martha have not more than sufficient pocket-money to supply themselves. I wish they had testified their regard by a less expensive token. Mary's letters spoke of some of the pictures and cathedrals she had seen—pictures the most exquisite, cathedrals the most venerable. I hardly know what swelled to my throat as I read her letter: such a vehement impatience of restraint and steady work; such a strong wish for wings—wings such as wealth can furnish; such an urgent thirst to see, to know, to learn; something internal seemed to expand bodily for a minute. I was tantalised by the consciousness of faculties unexercised,—then all collapsed, and


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24 supper and went to bed early, and about one o'clock they got up and went out into the great field with a hooded lantern. They circled around it; and at last they found Eepersip hidden in the bushes on the farther edge. Very gently all six laid hands upon her at once.

"Ah, we've captured her!" they cried triumphantly. "Our labours have been rewarded!"

But Eepersip, finding herself caught, became angry, and cried in a loud, commanding voice: "Put me down! Drop me immediately!" She added quietly to herself: "Now it’s all over."

Then she began to struggle very violently indeed. They had hold of her securely, and so her struggles were in vain. But just as they carried her past a sleeping doe which had no fawn, she uttered a shrill, wild cry; and this so startled the six that they almost dropped her. The doe woke up; and though she was afraid for herself, she was more afraid for Eepersip. She came galloping after them.

To see the doe galloping swiftly toward them naturally startled old Mrs. Ikkisfield, who supposed that all wild animals would flee at the sight of a human being. That was so generally--but not when Eepersip was in danger! Now, Mrs. Ikkisfield had hold of the most important part of

title: Page:The House Without Windows.djvu/32


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 I despaired. My dear, I would hardly make that confession to any one but yourself; and to you, rather in a letter than vivâ voce. These rebellious and absurd emotions were only momentary; I quelled them in five minutes. I hope they will not revive, for they were acutely painful. No further steps have been taken about the project I mentioned to you, nor probably will be for the present; but Emily, and Anne, and I, keep it in view. It is our polar star, and we look to it in all circumstances of despondency. I begin to suspect I am writing in a strain which will make you think I am unhappy. This is far from being the case; on the contrary, I know my place is a favourable one, for a governess. What dismays and haunts me sometimes, is a conviction that I have no natural knack for my vocation. If teaching only were requisite, it would be smooth and easy; but it is the living in other people's houses—the estrangement from one's real character—the adoption of a cold, rigid, apathetic exterior, that is painful You will not mention our school project at present. A project not actually commenced is always uncertain. Write to me often, my dear Nell; you know your letters are valued. Your 'loving child' (as you choose to call me so). "C. B."

"P.S. I am well in health; don't fancy I am not; but I have one aching feeling at my heart (I must allude to it, though I had resolved not to). It is about Anne; she has so much to endure: far, far more than I ever


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 had. When my thoughts turn to her, they always see her as a patient, persecuted stranger. I know what concealed susceptibility is in her nature, when her feelings are wounded. I wish I could be with her, to administer a little balm. She is more lonely—less gifted with the power of making friends, even than I am. Drop the subject.

She could bear much for herself; but she could not patiently bear the sorrows of others, especially of her sisters; and again, of the two sisters, the idea of the little, gentle youngest suffering in lonely patience, was insupportable to her. Something must be done. No matter if the desired end were far away; all time was lost in which she was not making progress, however slow, towards it. To have a school, was to have some portion of daily leisure, uncontrolled but by her own sense of duty; it was for the three sisters, loving each other with so passionate an affection, to be together under one roof, and yet earning their own subsistence; above all, it was to have the power of watching over those two whose life and happiness were ever to Charlotte far more than her own. But no trembling impatience should lead her to take an unwise step in haste. She inquired in every direction she could, as to the chances which a new school might have of success. But in all there seemed more establishments like the one which the sisters wished to set up than could be supported. What was to be done? Superior advantages must be offered. But how? They themselves abounded in thought, power, and information;


text: The Art of Kissing

title: The Art of Kissing


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Rh Eepersip’s anatomy, though no one suspected it at the time--namely, her feet. Mrs. Ikkisfield dropped them, and for the fraction of an instant which Eepersip needed they were allowed to touch the ground. Eepersip wrenched herself free and leaped to the back of the trembling, excited creature, and they bounded away quick as a flash. The others, agitated, turned to chase the doe; but she, with Eepersip on her back, had vanished.

"Whew, that was a narrow escape!" Eepersip whispered in one of the doe’s long ears, as they lay down together.

The next day it rained hard. Eepersip's parents and their friends spent much time making plans for a day when they could go out. Mrs. Ikkisfield now made a suggestion

"It is," she said, "very like the plan that we tried last night--namely, to find Eepersip while she is sleeping. But we must have more people, more people! If we can get some friends from the village at the foot of the mountain, they can drive the deer that we meet away from the people that are carrying Eepersip. In that way she cannot be saved by deer."

"That is true,” said Mrs. Eigleen; "but, you know, often an angry herd of deer is a terrible thing to drive back."

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Page:United States Statutes at Large Volume 128.pdf/3132

128 STAT. 3108 destruction, loss, or injury to a System unit resource would have occurred, may bring a civil action in United States district court against any person or instrumentality that may be liable under for response costs and damages. The Secretary shall submit a request for the civil action to the Attorney General whenever a person may be liable or an instrumentality may be liable in rem for those costs and damages under.

(b) —
 * (1) —The Secretary shall undertake all necessary actions to—
 * (A) prevent or minimize the destruction, loss of, or injury to System unit resources; or
 * (B) minimize the imminent risk of destruction, loss, or injury to System unit resources.
 * (2) —The Secretary shall assess and monitor destruction, loss, or injury to System unit resources.

§ 100724. Use of recovered amounts

(a) —Response costs and damages recovered by the Secretary under this subchapter or amounts recovered by the Federal Government under any Federal, State, or local law or regulation or otherwise as a result of destruction, loss of, or injury to any System unit resource shall be available to the Secretary and without further Congressional action may be used only as follows:
 * (1) —To reimburse response costs and damage assessments by the Secretary or other Federal agencies as the Secretary considers appropriate.
 * (2) —To restore, replace, or acquire the equivalent of System unit resources that were the subject of the action and to monitor and study those System unit resources. The funds may not be used to acquire any land or water, interest in land or water, or right to land or water unless the acquisition is specifically approved in advance in appropriations Acts. The acquisition shall be subject to any limitations contained in the legislation establishing the System unit.

(b) —Any amounts remaining after expenditures pursuant to paragraphs (1) and (2) of subsection (a) shall be deposited in the Treasury.

§ 100725. Donations

The Secretary may accept donations of money or services for expenditure or employment to meet expected, immediate, or ongoing response costs. The donations may be expended or employed at any time after their acceptance, without further Congressional action.


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446 blown all the chaff away. They never invent any thing, never learn any thing.

We had a fine race, of a mile, with an Arab perched on a camel, Some of the horses were fast, and made very good time, but the camel scampered by them without any very great effort. The yelling and shouting, and whipping and galloping, of all parties interested, made it an exhilarating, exciting, and particularly boisterous race.

At eleven o’clock, our eyes fell upon the walls and columns of Baalbec, a noble ruin whose history is a sealed book. It has stood there for thousands of years, the wonder and admiration of travelers; but who built it, or when it was built, are questions that may never be answered. One thing is very sure, though. Such grandeur of design, and such grace of execution, as one sees in the temples of Baalbec, have not


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Rh been equaled or even approached in any work of men’s hands that has been built within twenty centuries past.

The great Temple of the Sun, the Temple of Jupiter, and several smaller temples, are clustered together in the midst of one of these miserable Syrian villages, and look strangely enough in such plebeian company. These temples are built upon massive substructions that might support a world, almost; the materials used are blocks of stone as large as an omnibus—very few, if any of them, are smaller than a carpenter’s tool chest—and these substructions are traversed by tunnels of masonry through which a train of cars might pass. With such foundations as these, it is little wonder that Baalbec has lasted so long. The Temple of the Sun is nearly three hundred feet long and one hundred and sixty feet wide. It had fifty-four columns around it, but only six are standing now—the others lie broken at its base, a confused and picturesque heap. The six columns are perfect, as also are their bases, Corinthian capitals and entablature—and six more shapely columns do not exist. The columns and the entablature together are ninety feet high—a prodigious altitude for shafts of stone to reach, truly—and yet one only thinks of their beauty and symmetry when looking at them; the pillars


text: The Art of Kissing/Other books in the series


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448 look slender and delicate, the entablature, with its elaborate sculpture, looks like rich stucco-work. But when you have gazed aloft till your eyes are weary, you glance at the great fragments of pillars among which you are standing, and find that they are eight feet through; and with them lie beautiful capitals apparently as large as a small cottage; and also single slabs of stone, superbly sculptured, that are four or five feet thick, and would completely cover the floor of any ordinary parlor. You wonder where these monstrous things came from, and it takes some little time to satisfy yourself that the airy and graceful fabric that towers above your head is made up of their mates. It seems too preposterous.

The Temple of Jupiter is a smaller ruin than the one I have been speaking of, and yet is immense. It is in a tolerable state of preservation. One row of nine columns stands almost uninjured. They are sixty-five feet high and support a sort of porch or roof, which connects them with the roof of the building. This porch-roof is composed of tremendous slabs of stone, which are so finely sculptured on the under side that the work looks like a fresco from below. One or two of these slabs had fallen, and again I wondered if the gigantic masses of carved stone that lay about me were no larger than those above my head. Within the temple, the ornamentation was elaborate and colossal. What a wonder of architectural beauty and grandeur this edifice must have been when it was new! And what a noble picture it and its statelier companion, with the chaos of mighty fragments scattered about them, yet makes in the moonlight!

I can not conceive how those immense blocks of stone were ever hauled from the quarries, or how they were ever raised to the dizzy heights they occupy in the temples. And yet these sculptured blocks are trifles in size compared with the rough-hewn blocks that form the wide verandah or platform which surrounds the Great Temple. One stretch of that platform, two hundred feet long, is composed of blocks of stone as large, and some of them larger, than a street-car. They surmount a wall about ten or twelve feet high. I thought those were


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450 of gods or of giants must have inhabited Baalbec many a century ago. Men like the men of our day could hardly rear such temples as these.

We went to the quarry from whence the stones of Baalbec were taken. It was about a quarter of a mile off, and down hill. In a great pit lay the mate of the largest stone in the ruins. It lay there just as the giants of that old forgotten time had left it when they were called hence—just as they had left it, to remain for thousands of years, an eloquent rebuke unto such as are prone to think slightingly of the men who lived before them. This enormous block lies there, squared and ready for the builders’ hands—a solid mass fourteen feet by seventeen, and but a few inches less than seventy feet long! Two buggies could be driven abreast of each other, on its sur-


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Summary
A 1961 printing of the 1928 books. Re-upload with proper capitalization in title.


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Rh

§ 100731. Findings and declaration

Congress finds and declares that—
 * (1) the level of technology of mineral exploration and development has changed radically, and continued application of the mining laws of the United States to System units to which the mining laws apply conflicts with the purposes for which the System units were established; and
 * (2) all mining operations in System units should be conducted so as to prevent or minimize damage to the environment and other resource values.

§ 100732. Preservation and management of System units by Secretary; promulgation of regulations

To preserve for the benefit of present and future generations the pristine beauty of System units, and to further the purposes of (a),, and (a), , , and of this title and the individual organic Acts for the System units, all activities resulting from the exercise of mineral rights on patented or unpatented mining claims within any System unit shall be subject to such regulations prescribed by the Secretary as the Secretary considers necessary or desirable for the preservation and management of the System units.

§ 100733. Recordation of mining claims; publication of notice

All mining claims under the Mining Law of 1872 (30 U.S.C. chapter 2, sections 161 and 162, and chapters 12A and 16) that lie within the boundaries of System units in existence on September 28, 1976, that were not recorded with the Secretary within one year after September 28, 1976, shall be conclusively presumed to be abandoned and shall be void. The recordation does not render valid any claim that was not valid on September 28, 1976, or that becomes invalid after that date.

§ 100734. Report on finding or notification of potential damage to natural and historical landmarks

When the Secretary finds on the Secretary’s own motion or on being notified in writing by an appropriate scientific, historical, or archeological authority that a district, site, building, structure, or object that has been found to be nationally significant in illustrating natural history or the history of the United States and that has been designated as a natural or historic landmark may be irreparably lost or destroyed in whole or in part by any surface mining activity, including exploration for or removal or production of minerals or materials, the Secretary shall notify the person conducting the activity and submit a report on the findings or notification, including the basis for the Secretary’s finding that the activity may cause irreparable loss or destruction of a national landmark, to the Advisory Council on Historic Preservation, with a request for advice of the Council as to alternative measures that may be taken by the United States to mitigate or abate the activity.


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''poem was probably written in honour of the initiation of a boy of nine into the mysteries of Dionysus by a mock slaying-rite. That young children mere initiated into these mysteries is clear from a poem of Antistius in the Anthology, which may have been written for a similar occasion; and in Callumachus Artemis asks that her maiden attendants shall be nine years old. In this poem the father describes the slaying of Pentheus by his mother, and takes credit to himself for folloning her example. The slaying of the boy is the bringing of him to Dionysus, even as the eagles made Ganymede immortal by bringing him to Zeus. The poem is almost certainly not by Theocritus, but such poems may well have figured in the competitions mentioned in line 112 of the Ptolemy.'' Rh


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Rh face, from one end of it to the other, and leave room enough for a man or two to walk on either side.

One might swear that all the John Smiths and George Wilkinsons, and all the other pitiful nobodies between Kingdom Come and Baalbec would inscribe their poor little names upon the walls of Baalbec’s magnificent ruins, and would add the town, the county and the State they came from—and swearing thus, be infallibly correct. It is a pity some great ruin does not fall in and flatten out some of these reptiles, and scare their kind out of ever giving their names to fame upon any walls or monuments again, forever.

Properly, with the sorry relics we bestrode, it was a three days’ journey to Damascus. It was necessary that we should do it in less than two. It was necessary because our three pilgrims would not travel on the Sabbath day. We were all perfectly willing to keep the Sabbath day, but there are times when to keep the letter of a sacred law whose spirit is righteous, becomes a sin, and this was a case in point. We pleaded for the tired, ill-treated horses, and tried to show that their faithful service deserved kindness in return, and their hard lot compassion. But when did ever self-righteousness know the sentiment of pity? What were a few long hours added to the hardships of some over-taxed brutes when weighed against the peril of those human souls? It was not the most promising party to travel with and hope to gain a higher veneration for religion through the example of its devotees. We said the Saviour who pitied dumb beasts and taught that the ox must be rescued from the mire even on the Sabbath day, would not have counseled a forced march like this. We said the “long trip” was exhausting and therefore dangerous in the blistering heats of summer, even when the ordinary days’ stages were traversed, and if we persisted in this hard march, some of us might be stricken down with the fevers of the country in consequence of it. Nothing could move the pilgrims. They must press on. Men might die, horses might die, but they must enter upon holy soil next week, with no Sabbath-breaking stain upon them. Thus they were willing to commit a sin


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452 against the spirit of religious law, in order that they might preserve the letter of it. It was not worth while to tell them “the letter kills.” I am talking now about personal friends; men whom I like; men who are good citizens; who are honorable, upright, conscientious; but whose idea of the Saviour’s religion seems to me distorted. They lecture our shortcomings unsparingly, and every night they call us together and read to us chapters from the Testament that are full of gentleness, of charity, and of tender mercy; and then all the next day they stick to their saddles clear up to the summits of these rugged mountains, and clear down again. Apply the Testament’s gentleness, and charity, and tender mercy to a toiling, worn and weary horse?—Nonsense—these are for God’s human creatures, not His dumb ones. What the pilgrims choose to do, respect for their almost sacred character demands that I should allow to pass—but I would so like to catch any other member of the party riding his horse up one of these exhausting hills once!

We have given the pilgrims a good many examples that might benefit them, but it is virtue thrown away. They have


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Rh never heard a cross word out of our lips toward each other—but they have quarreled once or twice. We love to hear them at it, after they have been lecturing us. The very first thing they did, coming ashore at Beirout, was to quarrel in the boat. I have said I like them, and I do like them—but every time they read me a scorcher of a lecture I mean to talk back in print.

Not content with doubling the legitimate stages, they switched off the main road and went away out of the way to visit an absurd fountain called Figia, because Baalam’s ass had drank there once. So we journeyed on, through the terrible hills and deserts and the roasting sun, and then far into the night, seeking the honored pool of Baalam’s ass, the patron saint of all pilgrims like us. I find no entry but this in my note-book:

Twelve or thirteen hours in the saddle, even in a Christian land and a Christian climate, and on a good horse, is a tiresome journey; but in an oven like Syria, in a ragged spoon of a saddle that slips fore-and-aft, and “thort-ships,” and every way, and on a horse that is tired and lame, and yet must be whipped and spurred with hardly a moment’s cessation all day long, till the blood comes from his side, and your conscience hurts you every time you strike, if you are half a man,—it is a journey to be remembered in bitterness of spirit and execrated with emphasis for a liberal division of a man’s lifetime.


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HE next day was an outrage upon men and horses both.

It was another thirteen-hour stretch (including an hour’s “nooning.”) It was over the barrenest chalk-hills and through the baldest canons that even Syria can show. The heat quivered in the air every where. In the canons we almost smothered in the baking atmosphere. On high ground, the reflection from the chalk-hills was blinding. It was cruel to urge the crippled horses, but it had to be done in order to make Damascus Saturday night. We saw ancient tombs and temples of fanciful architecture carved out of the solid rock high up in the face of precipices above our heads, but we had neither time nor strength to climb up there and examine them. The terse language of my note-book will answer for the rest of this day’s experiences:

Broke camp at 7, and made a ghastly trip through the Zeb Dana valley and the rough mountains—horses limping and that Arab screech-owl that does most of the singing and carries the water-skins, always a thousand miles ahead, of course, and no water to drink—will he never die? Beautiful stream in a chasm, lined thick with pomegranate, fig, olive and quince orchards, and nooned an hour at the celebrated Baalam’s Ass Fountain of Figia, second in size in Syria, and the coldest water out of Siberia—guide-books do not say Baalam’s ass ever drank there—somebody been imposing on the pilgrims, may be. Bathed in it—Jack and I. Only a second—ice-water. It is the principal source of the Abana river—only one-half mile down to where it joins. Beautiful place—giant trees all around—so shady and cool, if one could keep awake—vast stream gushes straight out from under the mountain in a torrent. Over it is a very ancient ruin, with no known history—supposed to have been for the worship of the deity of the fountain or Baalam’s ass or somebody. Wretched nest of human vermin about the fountain—rags, dirt, sunken cheeks, pallor of sickness, sores, projecting bones, dull, aching misery in


text: Index:Costume design and illustration (IA costumedesignill00trap).pdf


text:
Page:United States Statutes at Large Volume 128.pdf/3134

128 STAT. 3110 § 100735. Civil actions for just compensation by mining claim holders

The holder of any patented or unpatented mining claim subject to this subchapter that believes the holder has suffered a loss by operation of this subchapter, or by orders or regulations issued pursuant to this subchapter, may bring a civil action in United States district court to recover just compensation, which shall be awarded if the court finds that the loss constitutes a taking of property compensable under the Constitution.

§ 100736. Acquisition of land by Secretary

Nothing in this subchapter shall be construed to limit the authority of the Secretary to acquire land and interests in land within the boundary of any System unit. The Secretary shall give prompt and careful consideration to any offer made by the owner of any valid right or other property in Glacier Bay National Monument, Death Valley National Monument, Organ Pipe Cactus National Monument, or Mount McKinley National Park to sell the right or other property if the owner notifies the Secretary that the continued ownership of the right or property is causing, or would result in, undue hardship.

§ 100737. Financial disclosure by officer or employee of Secretary

(a) —Each officer or employee of the Secretary who—
 * (1) performs any function or duty under this subchapter, or any Act amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 1342) concerning the regulation of mining in the System; and
 * (2) has any known financial interest—
 * (A) in any person subject to this subchapter or any Act amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 1342); or
 * (B) in any person who holds a mining claim within the boundary of any System unit;

shall annually file with the Secretary a written statement concerning all such interests held by the officer or employee during the preceding calendar year. The statement shall be available to the public.

(b) —The Secretary shall—
 * (1) define the term “known financial interest” for purposes of subsection (a);
 * (2) establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and enforced, including appropriate provisions for the filing by the officers and employees of the statements and the review by the Secretary of the statements; and
 * (3) submit to Congress on June 1 of each year a report with respect to the disclosures and the actions taken in regard to the disclosures during the preceding calendar year.

(c) —In the rules prescribed under subsection (b), the Secretary may identify specific positions within the Department of the Interior that are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying those positions shall be exempt from the requirements of this section.


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Rh (d) —Criminal penalties for a violation of this section are provided by section 1865 of title 18.

§ 100751. Regulations

(a) —The Secretary shall prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.

(b) —The Secretary, under such terms and conditions as the Secretary considers advisable, may prescribe regulations under subsection (a) concerning boating and other activities on or relating to water located within System units, including water subject to the jurisdiction of the United States. Any regulation under this subsection shall be complementary to, and not in derogation of, the authority of the Coast Guard to regulate the use of water subject to the jurisdiction of the United States.

(c) —Criminal penalties for a violation of a regulation prescribed under this section are provided by section 1865 of title 18.

§ 100752. Destruction of animals and plant life

The Secretary may provide for the destruction of such animals and plant life as may be detrimental to the use of any System unit.

§ 100753. Disposal of timber

The Secretary, on terms and conditions to be fixed by the Secretary, may sell or dispose of timber in cases where, in the judgment of the Secretary, the cutting of timber is required to control attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any System unit.

§ 100754. Relinquishment of legislative jurisdiction

(a) —Notwithstanding any other provision of law, the Secretary may relinquish to a State or a territory (including a possession) of the United States part of the legislative jurisdiction of the United States over System land or interests in land in that State or territory. Relinquishment may be accomplished—
 * (1) by filing with the chief executive official of the State or territory a notice of relinquishment to take effect on acceptance; or
 * (2) as the laws of the State or territory may otherwise provide.

(b) —Prior to consummating a relinquishment under subsection (a), the Secretary shall submit the proposed agreement to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. The Secretary shall not finalize the agreement until 60 calendar days after the submission has elapsed.

(c) —The Secretary shall diligently pursue the consummation of arrangements with each State or territory within which a System unit is located so that insofar as practicable the United States shall exercise concurrent legislative jurisdiction within System units.


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Rh

their eyes and ravenous hunger speaking from every eloquent fibre and muscle from head to foot. How they sprang upon a bone, how they crunched the bread we gave them! Such as these to swarm about one and watch every bite he takes, with greedy looks, and swallow unconsciously every time he swallows, as if they half fancied the precious morsel went down their own throats—hurry up the caravan!—I never shall enjoy a meal in this distressful country. To think of eating three times every day under such circumstances for three weeks yet—it is worse punishment than riding all day in the sun. There are sixteen starving babies from one to six years old in the party, and their legs are no larger than broom handles. Left the fountain at 1 (the fountain took us at least two hours out of our way,) and reached Mahomet’s lookout perch, over Damascus, in time to get a good long look before it was necessary to move on. Tired? Ask of the winds that far away with fragments strewed the sea.”

As the glare of day mellowed into twilight, we looked down upon a picture which is celebrated all over the world. I think I have read about four hundred times that when Mahomet was a simple camel-driver he reached this point and looked down upon Damascus for the first time, and then made a certain renowned remark. He said man could enter only one paradise; he preferred to go to the one above. So he sat down there and feasted his eyes upon the earthly paradise of Damascus, and then went away without entering its gates. They have erected a tower on the hill to mark the spot where he stood.

Damascus is beautiful from the mountain. It is beautiful even to foreigners accustomed to luxuriant vegetation, and I can easily understand how unspeakably beautiful it must be to eyes that are only used to the God-forsaken barrenness and desolation of Syria. I should think a Syrian would go wild with ecstacy when such a picture bursts upon him for the first time.

From his high perch, one sees before him and below him, a wall of dreary mountains, shorn of vegetation, glaring fiercely


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456 in the sun; it fences in a level desert of yellow sand, smooth as velvet and threaded far away with fine lines that stand for roads, and dotted with creeping mites we know are camel-trains and journeying men; right in the midst of the desert is spread a billowy expanse of green foliage; and nestling in its heart sits the great white city, like an island of pearls and opals gleaming out of a sea of emeralds. This is the picture you see spread far below you, with distance to soften it, the sun to glorify it, strong contrasts to heighten the effects, and over it and about it a drowsing air of repose to spiritualize it and make it seem rather a beautiful estray from the mysterious worlds we visit in dreams than a substantial tenant of our coarse, dull globe. And when you think of the leagues of blighted, blasted, sandy, rocky, sun-burnt, ugly, dreary, infamous country you have ridden over to get here, you think it is the most beautiful, beautiful picture that ever human eyes rested upon in all the broad universe! If I were to go to Damascus again, I would camp on Mahomet’s hill about a week, and then go away. There is no need to go inside the walls. The Prophet was wise without knowing it when he decided not to go down into the paradise of Damascus.

There is an honored old tradition that the immense garden which Damascus stands in was the Garden of Eden, and modern writers have gathered up many chapters of evidence tending to show that it really was the Garden of Eden, and that the rivers Pharpar and Abana are the “two rivers” that watered Adam’s Paradise. It may be so, but it is not paradise now, and one would be as happy outside of it as he would be likely to be within. It is so crooked and cramped and dirty that one can not realize that he is in the splendid city he saw from the hill-top. The gardens are hidden by high mud-walls, and the paradise is become a very sink of pollution and uncomeliness. Damascus has plenty of clear, pure water in it, though, and this is enough, of itself, to make an Arab think it beautiful and blessed. Water is scarce in blistered Syria. We run railways by our large cities in America; in Syria they curve the roads so as to make them run by the meagre little


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128 STAT. 3112 § 100755. Applicability of other laws

(a) —This section and, (d) to (h), (b)(2), (c), and of this title, and the various authorities relating to the administration and protection of System units, including the provisions of law listed in subsection (b), shall, to the extent that those provisions are not in conflict with any such specific provision, be applicable to System units, and any reference in any of these provisions to a System unit does not limit those provisions to that System unit.

(b) —The provisions of law referred to in subsection (a) are—
 * (1) (a),, (a), , , , , , , , , , and , and of this title;
 * (2) the Act of March 4, 1911 (43 U.S.C. 961); and
 * (3) of this title.

§ 100901. Authority of Secretary to carry out certain activities

(a) —To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may carry out the activities described in this section.

(b) —The Secretary may enter into contracts that provide for the sale or lease to persons, States, or political subdivisions of States, of services, resources, or water available within a System unit, as long as the activity does not jeopardize or unduly interfere with the primary natural or historic resource of the System unit, if the person, State, or political subdivision—
 * (1) provides public accommodations or services within the immediate vicinity of the System unit to individuals visiting the System unit; and
 * (2) demonstrates to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water.

(c) —The Secretary may acquire, and have installed, air conditioning units for any Government-owned passenger motor vehicles used by the Service, where assigned duties necessitate long periods in automobiles or in regions of the United States where high temperatures and humidity are common and prolonged.

(d) —The Secretary may erect and maintain fire protection facilities, water lines, telephone lines, electric lines, and other utility facilities adjacent to any System unit, where necessary, to provide service in the System unit.

(e) —The Secretary may furnish, on a reimbursement of appropriation basis, supplies, and


text: Public Law 113-287/Chapter 1007

title: Public Law 113-287/Chapter 1007


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4 busy days of his manhood. It was in his eyes, he said, what Ithaca was to Ulysses,

There was an aptness in the quotation; for at Arpinum, a few years before, was born that Caius Marius, seven times consul of Rome, who had at least the virtue of manhood in him, if he had few besides.

But the quiet country gentleman was ambitious for his son. Cicero's father, like Horace's, determined to give him the best education in his power; and of course the best education was to be found in Rome, and the best teachers there were Greeks. So to Rome young Marcus was taken in due time, with his younger brother Quintus. They lodged with their uncle-in-law, Aculeo, a lawyer of some distinction, who had a house in rather a fashionable quarter of the city, and moved in good society; and the two boys attended the Greek lectures with their town cousins. Greek was as necessary a part of a Roman gentleman's education in those days as Latin and French are with us now; like Latin, it was the key to literature (for the Romans had as yet, it must be remembered, nothing worth calling literature of their own); and, like French, it was the language of refinement and the play of polished society. Let us hope that by this time the good old grandfather was gathered peacefully into his urn; might have broken his heart to have seen how enthusiastically his grandson Marcus threw himself into this new-fangled study; and one of those letters of his riper years, stuffed full of Greek terms and phrases even to

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Rh affectation, would have drawn anything but blessings from the old gentleman if he had lived to hear them read.

Young Cicero went through the regular curriculum—grammar, rhetoric, and the Greek poets and historians. Like many other youthful geniuses, he wrote a good deal of poetry of his own, which his friends, as was natural, thought very highly of at the time, and of which he himself retained the same good opinion to the end of his life, as would have been natural to few men except Cicero. But his more important studies began after he had assumed the 'white gown' which marked the emergence of the young Roman from boyhood into more responsible life—at sixteen years of age. He then entered on a special education for the bar. It could scarcely be called a profession, for an advocate's practice at Rome was gratuitous; but it was the best training for public life;—it was the ready means, to an able and eloquent man, of gaining that popular influence which would secure his election in due course to the great magistracies which formed the successive steps to political power. The mode of studying law at Rome bore a very considerable resemblance to the preparation for the English bar. Our modern law-student purchases his admission to the chambers of some special pleader or conveyancer, where he is supposed to learn his future business by copying precedents and answering cases, and he also attends the public lectures at the Inns of Court. So at Rome the young aspirant was to be found (but at a much earlier hour than would suit the Temple or

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6 Lincoln's Inn) in the open hall of some great jurist's house, listening to his opinions given to the throng of clients who crowded there every morning; while his more zealous pupils would accompany him in his stroll in the Forum, and attend his pleadings in the courts or his speeches on the Rostra, either taking down upon their tablets, or storing in their memories, his dicta upon legal questions. In such wise Cicero became the pupil of Mucius Scævola, whose house was called "the oracle of Rome"—scarcely ever leaving his side, as he himself expresses it; and after that great lawyer's death, attaching himself in much the same way to a younger cousin of the same name and scarcely less reputation. Besides this, to arm himself at all points for his proposed career, he read logic with Diodotus the Stoic, studied the action of Æsop and Roscius—then the stars of the Roman stage—declaimed aloud like Demosthenes in private, made copious notes, practised translation in order to form a written style, and read hard day and night. He trained severely as an intellectual athlete; and if none of his contemporaries attained such splendid success, perhaps none worked so hard for it. He made use, too, of certain special advantages which were open to him—little appreciated, or at least seldom acknowledged, by the men of his day—the society and conversation of elegant and accomplished women. In Scævola's domestic circle, where the mother, the daughters, and the grand-daughters

title: Page:Cicero (Collins 1871).djvu/18


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Rh a long, flat stick that he had found by the window ledge.

Jerry slowly doubled up until his feet were above his head, immediately below the bar, and then commenced the second stage of the elaborate back somersault, coming down slowly toward the floor. At this juncture the rear of his trousers was presented as a tempting mark to the waiting Chet. This was the stage of the feat for which the joker had been waiting and he raised the flat stick, bringing it down with a resounding smack on his human target.

There was a yelp of pain from Jerry and a roar of laughter from Chet. Doubled up on the bar as he was, Jerry could not immediately regain the floor, and Chet managed to belabor him twice more before the unfortunate acrobat finally found his footing. There he stood, bewildered, rubbing the seat of his trousers, with a rueful expression on his face, while Chet leaned against the wall, helpless with laughter.

The other boys joined in the merriment, for they had stopped to witness the incident, and after a while Jerry achieved a wry smile, although he looked reflectively at his tormentor as though wondering just what form his revenge should take.

No one enjoyed Chet Morton's practical jokes more than he did himself. He whooped with laughter, wiped the tears from his eyes,

title: Page:The Missing Chums.djvu/23


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Rh successively seem to have been such charming talkers that language found new graces from their lips, the young advocate learnt some of his not least valuable lessons. "It makes no little difference," said he in his riper years, "what style of expression one becomes familiar with in the associations of daily life." It was another point of resemblance between the age of Cicero and the times in which we live—the influence of the "queens of society," whether for good or evil.

But no man could be completely educated for a public career at Rome until he had been a soldier. By what must seem to us a mistake in the Republican system—a mistake which we have seen made more than once in the late American war—high political offices were necessarily combined with military command. The highest minister of state, consul or prætor, however hopelessly civilian in tastes and antecedents, might be sent to conduct a campaign in Italy or abroad at a few hours' notice. If a man was a heaven-born general, all went well; if not, he had usually a chance of learning in the school of defeat. It was desirable, at all events, that he should have seen what war was in his youth. Young Cicero served his first campaign, at the age of eighteen, under the father of a man whom he was to know only too well in after life—Pompey the Great—and in the division of the army which was commanded by Sylla as lieutenant-general. He bore arms only for a year or two, and probably saw no very arduous service, or we should certainly have heard of it from himself; and he never was in camp again until he took the chief command,

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18 and leaned out of the window, spluttering with mirth.

"Oh, boy!" he giggled. "The expression—on your—face—!" Then he was away again, leaning across the window-sill weakly, shaking with laughter.

Jerry Gilroy tiptoed quietly up behind him. A quick movement and he lowered the window until it was against Chet's back.

The practical joker suddenly stopped laughing, and turned his head.

"Hey! What's the matter?" he inquired.

He was pinned down by the window and he could not see Jerry picking up the flat piece of board that had been the instrument of torture a few minutes previously. But a suspicion of the truth came to him, and a roar of laughter from the other boys warned him that vengeance was due.

It came.

Smack!

Chet Morton wriggled and squirmed, but he was pinned helplessly by the weight of the window against his shoulders, and he presented a more tempting target for Jerry's ministrations with the flat stick, and a more stationary target as well, than Jerry had presented for him.

Smack! Smack! Smack!

He roared with pain and, helpless as he was,

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8 thirty-seven years afterwards, as pro-consul in Cilicia. He was at Rome, leading a quiet student-life—happily for himself, too young to be forced or tempted into an active part—during the bloody feuds between Sylla and the younger Marius.

He seems to have made his first appearance as an advocate when he was about twenty-five, in some suit of which we know nothing. Two years afterwards he undertook his first defence of a prisoner on a capital charge, and secured by his eloquence the acquittal of Sextus Roscius on an accusation of having murdered his father. The charge appears to have been a mere conspiracy, wholly unsupported by evidence; but the accuser was all but absolute; and the innocence of the accused was a very insufficient protection before a Roman jury of those days. What kind of considerations, besides the merits of the case and the rhetoric of counsel, did sway these tribunals, we shall see hereafter. In consequence of this decided success, briefs came in upon the young pleader almost too quickly. Like many other successful orators, he had to combat some natural deficiencies; he had inherited from his father a somewhat delicate constitution; his lungs were not powerful, and his voice required careful management; and the loud declamation and vehement action which he had adopted from his models—and which were necessary conditions of success in the large arena in which a Roman advocate had to plead—he found very hard work. He left Rome for a while, and retired for rest and change to Athens.

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Rh until January 6, 1918, when the 74th, 75th and 76th Companies entrained at San Nazaire for Damblain, Vosges, which was in the area designated for the training of the Marine Brigade. The 95th Company joined the battalion in this training area on January 28th, 1918.

When the Regiment Headquarters, Headquarters, Supply and 73rd Machine Gun Companies arrived at San Nazaire on November 1st, 1917, they found the 1st Battalion rounding out its first month in France and busily engaged in routine and somewhat arduous labor. Those Headquarters units remained at San Nazaire less than two weeks, November 14th finding them established at Bordeaux, six days ahead of the 3rd Battalion. Here, after the arrival of the 3rd Battalion, began a routine of labor and guard duty. The labor was performed in conjunction with the 18th Engineers and consisted mainly of constructing docks at Bassena. The following detachment and officers were detailed for provost and engineer duty in the neighboring camps and towns: The 1st platoon of the 97th Company, provost duty, November 27th to January 21st, at Tours; Captain Robert W. Voeth, provost marshall, November 27th to January 21st, at Tours; the 84th Company and one platoon of Headquarters Company, provost and fatigue duty at La Courneau, the 84th Company, under command of Major H. G. Bartlett, from December 18th to January 5th, and the platoon of Headquarters Company, under command of William A. Eddy, 2nd Lieut., from November 20th to December 18th; Lieut. Marshall with twenty men from the 97th Company from December 8th to January 5th, fatigue and provost duty at La Courtine; Lieut. Timmerman and thirty men from the 83rd Company, December 6th to January 4th, fatigue duty at La Marcheprine; Lieut. Roberts and the 1st platoon of the 83rd Company to Conon for provost duty, December 27th to January 6th. The Headquarters units and the 3rd Battalion were relieved by the 162nd Regiment National Guard on January 8th, 1918, and entrained on January 9th, 1918, at Carbon Blanc for the training area. After a three-day trip in 3rd class and box cars the troops were detrained at Damblain, Vosges, on January 12th, 1918. Regimental Headquarters was established at Blevaincourt, Vosges.

The 2nd Battalion, which arrived at San Nazaire, France, February 5, 1918, remained aboard the transport Henderson until February 8th, on which date the troops disembarked. They immediately entrained for Dambalin, Vosges, and arrived there on February 10th.

Thus the units were again assembled and the Sixth Regiment was intact with the battalions stationed in the vicinity of Blevaincourt. In the meantime the Regiment had been assigned to the Fourth Brigade of the Second Division. The Division was commanded by Major General Bundy and the brigade by Brigadier General Doyen. Intensive training for trench warfare commenced at once. This training was very severe, due both to the strenuous schedule and the winter season which set in about this time. However, grilling as it seemed then, it so hardened


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The complete census figures on farm homes for the census year of 1910 are not available as yet. But they are complete for some states. Among them is Wisconsin. This state boasts of a large German population, known for its thrift and frugality. If this class of farmers are losing their hold on the soil and are rapidly drifting towards tenantry, then we may safely assume that the same transformation is taking place all over the country. As a matter of fact, tenantry in the Southern States is increasing at a terrific rate. Oklahoma, for instance, which was thrown open for settlement in 1889, has over 92,000 farm tenants to-day. But let us return to the thrifty, cornfed farmer of Wisconsin and learn what is happening to him.

Brother farmer, I want you to sit down and do some hard figuring. Over one-half of all the farms of Wisconsin are mortgaged. Your place may still be unincumbered, but since the percentage of mortgaged farms is steadily increasing you may be the next one to put a plaster on your place.

According to the foregoing figures, the relative number of farms operated by their owners which are mortgaged has increased quite regularly since 1890. From 1890 to 1910 the number increased 21,887, or 39.6 per cent.

From the above it may be easily seen that as a class you are getting more and more in debt. A mortgage is anything but a sign of prosperity. But wait, the worst is yet to come.

So we see that in twenty years the mortgaged farms increased 39.6 per cent, while the mortgaged indebtedness increased 111.8 per cent. Or, to put it differently, in 1890 the farmers of Wisconsin paid interest on a debt of $55,305,000. In 1910 they paid interest on $146,815,000.

All this looks bad for the Wisconsin farmers, and the census man, not wishing to cast a gloom over the prosperity


text: Manuals for Fatality Analysis Reporting System (FARS)


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pocket-book or pocketbook
Both are acceptable per wiktionary. -- Beardo (talk) 03:17, 26 January 2024 (UTC)


text:
Author:Joseph Wright

Works

 * An Old High-German Primer (1888)
 * A Middle High-German Primer (1888)
 * A Grammar of the Dialect of Windhill in the West Riding of Yorkshire (1892)
 * A Primer of the Gothic Language (1892)
 * The English Dialect Dictionary (1898-1905)
 * An Elementary Middle English Grammar (1923, revised 1928)

title: Author:Joseph Wright