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Knowledge Organization For Open Scholarship

Introduction
The act of transforming a universe of complexity into a set of labels is integral to how infrastructures from censuses to libraries work. To make a person or an item intelligible to a large system, we have to pick which facets to represent in a recognizable and distinct set of terms. For authors and scholars, sharing our work and finding others’ work is mediated by the subject terms such as in the Library of Congress Subject Headings (LCSH), PubMed’s Medical Subject Headings (MeSH), or the Modern Language Association (MLA) Commons. In addition to facilitating system operations, this act of making our thoughts, our stories, and ourselves, intelligible is also a means of sense-making and mapping out our social and cultural worlds. When we make Canadian scholarship intelligible to education and scholarly communication systems, the terms we apply to our scholarship are largely from the United States in origin and in perspective. If we are to build open systems for scholarly communication, how much of the content and process of existing subject heading systems are appropriate, and how much must be redesigned with openness at the centre?

The group of scholars and practitioners among Implementing New Knowledge Environments (INKE) is poised to open a conversation on how the infrastructure for open initiatives can include thoughtful, responsible, and transparent knowledge organization systems. What is the relationship between the openness of scholarship and the openness of the largely invisible systems (Star and Strauss 1999) that shape our access to and understanding of the scholarship itself? Of particular concern is the nature of subject access and whose perspective is represented. As distinct from proprietary systems—such as those of for-profit journal indexing services or US government-managed library classification systems—how might the systems produced in this open scholarship community represent Canadian concerns such as the recommendations of the Truth and Reconciliation Commission? In the following sections, I examine the case of subject description as an example of how the “open” in open knowledge systems is a struggle between universalist values, in which all scholarship might fit into a single descriptive framework, and values of situatedness and accountability, in which our frameworks reflect their communities of authors and subjects. I intend this piece to be a call to investigate the invisible aspects of the infrastructure of open scholarship—those pieces that are typically meant to work quietly, without notice, and can affect characteristics of a system from interoperability and usability to values such as multiculturalism and reconciliation.

The Infrastructure of Subjects
Determining what something is about is a fascinating question with elusive answers. One could spend a career, for example, making a case for the aboutness of Moby Dick, where aboutness refers to the subjects inherent to the intellectual and creative work. The idea that subjects are essential to an intellectual and creative work is itself a matter for debate and invites questions about authorial intent and readers’ agency. In information studies, however, the task of determining aboutness is less an invitation to interrogate the nature of metaphor, narrative, or meaning than an ongoing and urgent concern: How can we connect items to subjects, subjects to terminology, and terminology to a community of readers who seek items about, say, mental illness? Subject access—the ability to discover items through the particular property of aboutness—is one of the key ways library services make the library more than just a collection of books or an index more than a list of articles. Ideally, our systems represent the subjects of their collections in such a way that they are authentic to the items themselves, comprehensible to the user, and are consistent with the values of the community (Beghtol 1986). For INKE’s development of open access platforms, it is necessary to examine how this last quality can be enacted with regards to accountability, transparency, and responsiveness to the community.

The study, critique, and improvement of subject access systems are primary concerns for the field of knowledge organization. Knowledge organization is, in general, concerned with how we represent items such as books in systems such as libraries and how features of similarity and difference (e.g., the names of creators, disciplinary context, and aboutness) can facilitate searching, browsing, and selecting items. Traditionally, practitioners and scholars in knowledge organization have created and studied systems of centralized control of subject terminology: controlled vocabularies and classification systems. In controlled vocabularies, such as LCSH in Figure 1, there is a centrally managed approved list of terms, relationships among these terms (e.g., “mentally ill” has the broader term “sick” and the related term “people with mental disabilities”), and rules for how to apply these terms to items. Even with the advent of full-text search capabilities through digital collections, these systems are still vitally relevant to the user’s ability to find and sort a collection. Given the impact of subject access systems on the organization of the collection and the ability to connect users to items, we constantly seek to improve the rigour of the process by which practitioners build, revise, and maintain these systems.

A fundamental shift in contemporary knowledge organization scholarship is the awareness that our systems always have and will always instantiate bias and perpetuate discrimination. No amount of increased technological capacity for complex connections among items and subjects or rigorous procedures for determining subjects will fix this. Instead, the responsible path forward is to reject the appearance of objectivity, be intentional in our choices of the values our systems represent, and be transparent about our processes, biases, and fallibility (Feinberg 2007; Mai 2010). In unpacking the means by which our systems instantiate bias and how these biases are hidden, I turn to infrastructure theory (Star 1999; Star and Ruhleder 1996) and its focus on the invisible systems underlying our daily lives. Like a physical infrastructure, such as the North American electrical grid, subject description is taken for granted until it fails to work. This kind of invisibility means that electrical grids and subject description systems shape the operations on top of them without our being conscious of that shaping. We tend to attribute characteristics of objectivity and inevitability to systems that have “‘sunk’ into, inside of, other structures, social arrangements, and technologies” (Star and Ruhleder 1996, 113) though the circumstances of their creation and the impacts of their design may be all too human and even malicious (Winner 1980). Whereas the work of the knowledge organization field 150 years ago was to align a subject heading system to a real, external order of topics and their relationships, the current approach favours situated understandings of aboutness and local accountability.

Central to my view of such systems through critical theory is the recognition that infrastructural systems such as subject headings are socially constructed. They function as a shared basis of understanding on top of which more visible functions such as knowledge development and sharing exist. When a system such as a list of subject headings matches the expectations of the community of users, the system becomes invisible—we cease to notice its operation and take for granted the role it plays in our research and writing. When a minority of the user community is misrepresented and their views are distorted, they become invisible instead—work by and about that community is harder to find and easier to miss in the glut of information. Within Canadian topics, we know existing terminology marginalizes and contributes to the invisibility of Indigenous people and history. Efforts to include marginalized voices and change the centre of Canadian scholarship include infrastructural projects such as the Brian Deer Classification scheme (Cherry and Mukunda 2015) which organizes, physically and conceptually, a library collection consistent with Indigenous terminology and relations among subjects and ways of knowing.

In the following section, I explore the primary concerns around creating a system responsive to a community with a focus on the Canadian context for INKE’s work.

Subject Description for Canadian Scholarship
Knowledge organization systems are always already distorted, biased, and benefitting a particular point of view. While that feature of a subject description system is inevitable, how this bears out in the international stage of scholarly communication is an open question. To the extent that we expect Canadian scholarship to be recognizably different than US scholarship—arising from focuses on different locations, ecosystems, cultures, histories, laws, climates, media, languages, institutions, and regulations—building a system of terminology and definitions for one corpus will not entirely serve the other. From the perspective of infrastructure studies (Star 1999) and established critiques in knowledge organization, we would expect therefore to find a distortion of Canadian scholarship and research as it builds itself on top of the existing infrastructure. If there is a misfit between the work done by scholars in a range of disciplines in Canadian institutions and the descriptive systems of the journals, databases, and libraries to which they direct their work, what does it look like? How could we build a system that makes visible its own constructed nature and is radically open to challenge and revision?

I limit my discussion here to subject description, the process of assigning terms indicating the aboutness of a work or item to provide organization and enable access to a collection. Subject description, among other modes of analysis and design in the larger field of knowledge organization, is a particularly difficult and contentious one. Determining what something is about and then assigning a term to that aboutness is so subjective, so culturally specific, so much a matter of evaluation and judgement, that improving this process is as much a focus of my field as every other mode of describing an item combined. Take, for example, the breadth of courses offered within the UBC iSchool (Library, Archival and Information Studies) for addressing how to represent and organize knowledge: of four regularly offered courses, two (Indexing and Taxonomies) cover unique modes of depicting the meaning of an item or collection and a third spends half its time on a third method (the ‘classification’ in Cataloging & Classification). In digital infrastructures for sharing scholarship and primary sources, the metadata around each object may include technical data describing the file itself; descriptive metadata transcribing information like the object’s title, its author, and the language in which it is written; and the subject metadata that gives a sense of the topics or themes with which the object is in dialogue. Changes to digital technologies produce new kinds of technical metadata—data from the object may be more or less accurately transcribed, and expressing the aboutness of the object is a constantly moving target regardless of the technology or platform.

To take the primacy of subject description from another angle, consider the cultural and national phenomena of countries developing their own exhaustive systems naming and organizing the possible topics of library holdings. In the US, three systems serve this purpose: the Dewey Decimal Classification (DDC) organizes public libraries according to the subject of its items, the Library of Congress Classification (LCC) does the same for academic libraries, and the LCSH provides multiple access points for the subject of any item. US librarians developed and implemented these systems in the context of reconstruction following the American Civil War (1876, 1897, and 1898, respectively). Looking at these systems more than 100 years on, we see the work of defining the country’s values, perspective, and privileged classes in these lists of terms. Similarly, the Soviet Union began the development of a Marxist replacement for the DDC in 1918 and South Korean libraries adopted the Korean Decimal Classification (1964) following the Korean War. Within Canada, work towards a national voice in subject description started in 1968. In 1978, the National Library of Canada (now Libraries and Archives Canada) introduced the Canadian Subject Headings (CSH)—an appendix to the LCSH.

Library and Archives Canada (LAC) manages the CSH to represent distinctly Canadian subject terminology such as geographical information, Canadian law, and Canadian history (Library and Archives Canada 2015). Where CSH overwrites rather than extends LCSH, we see how cultural differences bear out in naming and labelling practices:

CSH covers with two different headings the topics for which LCSH would use Italians —Canada: (1) Italian Canadians for works discussing Canadian citizens of Italian ancestry; and (2) Italians—Canada for works on Canadian residents of Italian nationality who are not yet citizens, or who are not permanently domiciled in Canada. (Library and Archives Canada 2015)

This example, indicative of Canada’s approach to multiculturalism, is more subtle than the difference between “First Nations” and “Native Americans” as terms in each system. The relationship between the two systems, with CSH being an appendix to LCSH, means that objects of Canadian scholarship will still carry the subject heading “Indians of North America--Canada” as in this record for the book Indigenous Writes: A guide to First Nations, Métis & Inuit issues in Canada (Vowel 2016) in Figure 2.

Alternatively, local and situationally appropriate approaches to subject description can depart from Library of Congress’s universalist approach and adopt terminology that gives the same sense of aboutness while respecting and being more consistent with relevant community values. Figure 3 shows this contrast in the record for the same book, Indigenous Writes, as catalogued for the Xwi7xwa Library using the First Nations House of Learning Thesaurus, instead of LCSH.

Next Steps
I am currently engaged in related research projects which explore the questions above— what does it mean to create subject access systems consistent with multiculturalism, openness, and a decolonizing project? This research has three aims: The first is to determine how research conducted in Canada fits within US-centric systems of subject description and organization. The second is to assess the extent to which contemporary trends in Canadian scholarship, notably decolonizing education and knowledge, are compatible with existing subject description infrastructures. These two aims are interdependent: the locus of control of subject description within US institutions and the overlapping and interdependent nature of infrastructures for scholarly communication means that change comes slowly and change from the margins is particularly difficult. Finally, I am seeking to connect contemporary projects from institutions in Canada to build knowledge organization systems consistent with local values and needs. It is always misleading to say that “no one is doing anything about this” and this domain is no exception; libraries and cultural heritage institutions are creating metadata schemas that serve local needs and that are accountable to the values of their authors and readers.

INKE should be a key vehicle for open and accountable subject description as it features the best practices to represent and facilitate access to scholarship in Canada. I see this potential work around knowledge organization and subject access in particular as being one among many types of infrastructure design this community will consider in creating platforms for open access. For the Humanities Commons, for example, how much of the infrastructure can be imported from other contexts, such as the MLA Commons, and how much can be designed locally? For knowledge organization and for other decisions about the design and construction of such platforms, what are the acceptable trade-offs regarding the intensity of labour in designing and maintaining a system consistent with open values and Canadian scholarship? Where this community is experimenting with new systems, there are chances to get things right from the start—not just in terminology, but also in the design of the system itself.


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Subject to sections 246, 247, and 248, once a case has reached its finality, legal execution shall be conducted without delay.

A court of first instance has the duty to send its judgment which inflicts death or life imprisonment to an appellate court when no appeal is made against the judgment, and such judgment shall not be final until the appellate court gives a judgment reaffirming it.

In the following events, the court has the power to order the execution of imprisonment to be postponed until the appropriate reason for such postponement ends:

when the accused is insane;

when it is feared that the accused will be fatally endangered if he is imprisoned;

if the accused has been pregnant for seven months or more;

if the accused has given birth to a child for not over a month.

During such postponement, the court shall order an administrative or police official to arrange for the said person to be kept in custody in a proper place.

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A TRANSLATION IN VERSE OF THE

BY A MARKET-GARDENER.

LONDON: SAMPSON LOW, SON, AND CO. 47, LUDGATE HILL. 1862.


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Author:Julia Bullard

Works

 * Knowledge Organization For Open Scholarship (2020)

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 A MEMORIAL OF THE PRINCE CONSORT.

In royal 16''mo., beautifully printed on toned paper, cloth, gilt edges, price 2s. 6d.''

Many now for the first time collected and carefully arranged. With an Index.

Interests of Classes Identical. The Slave Trade. Science and Common Sense. The Duty of the Rich. The Real Magic Wand. Man a Divine Instrument. Character of the late Sir Robert Peel. Missionary Labours. The Limits of Statistics. A future Haven of Commerce. The British Association. Landlords and their Tenants. The Method of Lord Bacon. Position of Domestic Servants. The Use and Abuse of Figures. Our Obligations to the Past. An Old City Company. The Royal Academy. Mendelssohn. "Characters" to Servants. Power of Public Opinion. Alexander von Humboldt. The Old Parish School. The Englishman's Jealousy of Control.

Startling Facts. The Root of a Great Evil. The Poor Man's Children. Servants' Savings. Neglect of Scientific Studies. The Church of England. Our Dependence on each other. Importance of Uniformity. The Clergy as Husbands and Fathers. Meritorious "Bores." Growth of London. The Old English Habit. Self-Reliance and the Working Classes. The Principles of Beauty. Value of Scientific Congresses. The Laws of Nature. Tendency to create New Sciences. Freedom of Human Will. On the Art Treasures Exhibition, &c. &c.

HE PUBLIC CHARITIES IN THE YEAR EIGHTEEN HUNDRED AND SIXTY-ONE; an Account of the Operations, Resources, and General Condition of 640 Institutions and Funds, chiefly in London and its vicinity. By, Junior. With Analytical Summary and Copious Index.


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Universities and Their Sons

 * (1898–1900 in five volumes) with William Roscoe Thayer, Charles Henry Smith, John DeWitt, Jesse Lynch Williams, J. Howard Van Amringe, Charles E. L. Wingate, Albert Lee and Henry G. Paine
 * (1900) with Charles Henry Smith and Albert Lee
 * (1901–1902 in two volumes) with Edward Potts Cheyney and Ellis Paxson Oberholtzer
 * (1901–1903 in two volumes) with Henry M. MacCracken, Ernest G. Sihler and Willis Fletcher Johnson

title: Universities and Their Sons


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 "Students desiring to know the true inwardness of this far-reaching event in American History, must inevitably hereafter turn first to Dr. Doughty's scholarly and well-considered volumes."—American Historical Review.

By, Litt. D. (Laval), Joint Librarian of the Legislature, Quebec, in collaboration with, D.C.L., Secretary of the Department of Public Instruction, Quebec

HIS is the first ample history of the campaign of 1759, and the most extensive and important monograph that has so far been written on any episode in the annals of New France. But the interest of the subject outstrips all bounds that are merely local. Montcalm's defeat and the English occupation of Quebec were great events in the history of the whole continent. In the world-struggles between England and France they rank even before the battle of Plassey.

A of 525 sets was printed, of which only 19 remain for sale. Complete in 6 volumes, small quarto, handsomely printed, and bound in blue cloth. Price $50.00, net.

"Indispensable to every future historian of the Seven Years' War in America. … The cartography of the campaign has been largely supplemented by Mr. Doughty's discoveries. … The mechanical features of these volumes deserve high praise."—New York Evening Post.

"Merits the thanks of all those interested in probably the most famous incident of our history."—Sir, K.C.M.G., LL.D., Litt.D.

"A hundred and one writers have treated this well-worn subject, but it has been left for Messrs. Doughty and Parmelee to go over the whole ground and present us with a final and authoritative record." —The Daily Chronicle, London, England.


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ii study it with good success. To aid them in English has been one of my principle objects in writing this grammar. It may be worth while to remark that household servants at Madras talk a broken English with fluency; but the learner will find it profitable to employ only those domesticksdomestics [sic] who will speak to him in the language he is studying; such are always to be had. Our initiatory native instructors also speak English: but we should as soon as possible lay aside such aid and employ a teacher who speaks Telugu alone.

Having been employed by Government for several years the Telugu countries I soon perceived the necessity of studying the language: then, with a view to acquire the vernacular idiom, I was encouraged to read and translate Vemana, and a few others of the less learned but more popular authors. Experience daily proved to me that the grammar is best studied in metrical compositions. This we know to be the case in Greek, Sanscrit and French; and it is equally true as regards the modern languages of India wherein we are constantly obliged to transact business.

As I proceeded I met with many peculiarities, (chiefly, in the syntax,) which were not noticed in any work already published. able grammar of this language, which had then been a few years printed, conveys amply and correctly (see pages 180, and 233 of the present volume) all the rules found in the ancient philologists: and to these I have now added such explanations as appeared requisite. In the closing chapter of this volume, (on Elision and Permutation) I am particularly indebted (see page 258) to Mr. Campbell's learned and accurate definitions of principles which all acknowledge to be peculiarly refined.

But I have been led to adopt a new arrangement which may facilitate the study, and have excluded much which is intended for the guidance of native poets or etymologists alone. It will be seen (in page 247) that the elder grammarians wrote principally for poets: but I, as a foreigner, have chiefly regarded the wants of beginners. Much that I have excluded from the first chapters is now placed in the last, because some topickstopics [sic] which may be interesting to learned natives are to us of no advantage. These are the poetical sandhi or Elision (see pages 39, and 254) the saral adesam or softened Initials (see page 250) the sacata repha or Obsolete R (see pages 22, 245, and 252,) and ardha bindu or obsolete N (see pages 26, 116, 252). A perusal of the Chintamani (see page 180) and of the elaborate treatise on Telugu philology and prosody written by Appa Cavi (the of the language) led me to consider that if the refined principles of Orthography which that indefatigable etymologist inculates, are grounded on truth, they surely must be verified in the Mahabharat, and other ancient works to which he continually refers. I therefore examined these standard poems


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 In a case in which the accused is sentenced to death, the sentence shall not be executed until the provisions of this Code which deal with pardon have been observed.

If any woman sentenced to death is pregnant, deferral shall be given until she gives birth to her child, upon which she shall be put to death.

In executing a death sentence, the execution shall be conducted at the place and time found appropriated by the authorities in such matter.

If a person sentenced to death becomes insane prior to being put to death, the execution of the death sentence shall be deferred until he recovers. Whilst the execution of the death sentence is postponed, the court has the power to put section 46, paragraph (2), of the Penal Code into application.

If the insane person recovers after one year from the day the judgment became final, then the death punishment shall be decreased to life imprisonment.

A judgment or order for the return of property or payment of its value, compensation, or costs shall be executed in accordance with the provisions of the Civil Procedure Code.

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 194 him. But he had not calculated on the frailty of human nature; and selfish ends proved more powerful than loyalty. ʿAbd ar-Raḥmān was the only real. patriot amongst them. Neither Ṭalḥa, nor Az-Zubeir, nor Saʿd had any special reason to aspire to the Caliphate. Az-Zubeir, indeed, was closely related to the Prophet. Saʿd, also, was the nephew of Moḥammad's mother; but his recall from Al-Kūfa had tarnished his fame as conqueror of Al-Medāin. ʿAlī, a few years younger, had the strongest claim of kinship, whatever that might be; for he was at once the son of the Prophet's uncle, the widowed husband of the Prophet's daughter Fāṭima, and the father of his only surviving grandsons. He had hitherto, from inactive temperament, remained passive at the Caliph's court; but, of quick and high intelligence, he had ever held a distinguished place in the counsels of ʿOmar. In the absence of any leading competitor, his claim could now no longer be left out of sight, nor, without want of spirit, fail to be asserted by himself. ʿOthmān was his only real rival. Years carried weight with ʿOthmān, for he was now close on seventy. Attractive in person and carriage, he early gained the hand of Roḳeiya, the Prophet's daughter. Shortly after her death, he married her sister Um Kulthūm; and when she, too, passed away, Moḥammad used to say he loved ʿOthmān so dearly that, if another daughter had yet remained, he would have given her to him. But his character withal had vital defects. Of a close and selfish disposition, his will was soft and yielding. And of all the competitors, ʿOthmān probably had the least capacity for dominating the unruly elements now fermenting throughout the Muslim empire.

The Electors, when appointed by ʿOmar, forthwith retired, and fell into loud and hot discussion. ʿOmar, overhearing it, desired that they should wait till his decease. So after the burial, Al-Miḳdād, a veteran citizen appointed by the deceased Caliph to the duty, assembled the Electors in the treasury chamber adjoining ʿĀisha's house, while Abu Ṭalḥa with a guard kept watch at the door. ʿOmar had ordered that the choice should not be delayed beyond the third day, so that his successor might be declared by the fourth at latest; and signified the utmost urgency by saying that if the minority then resisted, they should be beheaded


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644] on the spot. The Electors, when thus again assembled, pressed hotly each the claim of his own party, and two days passed in unprofitable wrangling. ʿAbd ar-Raḥmān spent the night in visiting the leading Citizens, and the chief officers from the Provinces (who, having come for the yearly Pilgrimage, had not yet departed), and in sounding their views. On the third day, Abu Ṭalḥa warned the Electors that he would allow no further delay, and that decision must be come to by the morning. To bring the matter to an issue, ʿAbd ar-Raḥmān offered to forego his own claim, if only the rest would abide by his choice. They all agreed but ʿAlī, who at first was silent, but at last said: "First give me thy word that thou wilt regard neither kith nor kin, but right alone and the people's weal." "And I," rejoined ʿAbd ar-Raḥmān, "ask thee first to give me thy troth that thou wilt abide by my choice, and against all dissentients support it." ʿAlī assented, and thus the matter rested in the hands of ʿAbd ar-Raḥmān.

That night ʿAbd ar-Raḥmān, closeted with each of the Electors in turn, did not close his eyes. The contest was narrowed between the houses of Hāshim and Umeiya, in the persons of ʿAlī and ʿOthmān; and their influence with the electoral body was fairly equal. Az-Zubeir was in favour of ʿAlī; how Saʿd voted is not certain. Ṭalḥa had not yet returned. With ʿAlī and ʿOthmān, separately, ʿAbd ar-Raḥmān was long in secret conference. Each pressed his own claim; but each admitted the claim of the other to be the next in weight. The morning broke upon them thus engaged; and now the nomination must be made.

The courts of the Mosque overflowed with expectant worshippers assembled for the morning service. ʿAbd ar-Raḥmān addressed them thus:—"The people think that the governors, chiefs, and captains from abroad should, without further waiting, return to their respective posts. Wherefore advise me now in this matter." ʿAmmār, late governor of Al-Kūfa, said: "If it be thy desire that there be no division in the land, then salute ʿAlī Caliph!" and Al-Miḳdād affirmed the same. "Nay," cried Ibn abi Sarḥ, "if it be thy desire that there be no division, then salute ʿOthmān!" and Abu Rabīʿa affirmed the same. ʿAmmār turned in contempt on Ibn abi Sarḥ, who, repaying scorn


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Rh and found them indeed to corroborate all that he and other critickscritics [sic] declare regarding saral-adesam; but the sacata repha occurred very rarely and apparently was used or neglected at the option of the transcriber. My doubts as to the cogency of his doctrines (which indeed very few of the Telugus themselves comprehend) were confirmed by observing that among many manuscripts of the Mahabharat, no two agreed in the spelling of those words wherein he requires the introduction of the Sacata Repha: which therefore seems to be, like the Greek digamma, wholly fallen into oblivion.

The same observations may apply to the ardha bindu, or semicircle; a character, or accentual point, rarely to be found in any ancient manuscript, however warmly advocated by many pandits at the present day. But I have had the assistance of men of acknowledged learning; of whom mention is made in an Essay on Telugu Literature printed in the Madras Literary Society's Journal for July 1839, page 59. One of these was the commentator on the Manu Charitra and other celebrated poems. They held Appa Cavi in high veneration but were constrained to admit that even on his authority these two letters (the obsolete R and N) could not be reasonably revived, while opposed by all the older manuscripts of all the Telugu poems. In Sanscrit poems the arddh' anuswaram or Semi-nasal, is indeed very properly retained, but they who introduce this Sanscrit point into Telugu appear to act upon no fixed principle; and as our business is with the Telugu as now spoken and written, we may safely neglect a refinement unknown to the bulk of the people. Accordingly these two obscure letters are wholly excluded from the new editions of the Vasu Charitra, the Mahabharat, and the Dwipada Ramayan, wherein the ordinary and popular mode of spelling is uniformly observed.

Bowing to the authority of Appa Cavi I had originally introduced the obsolete R and N into the Grammar and dictionary; but in progress of time I observed that no pandit or scholar of acknowledged authority in the language laid any stress on these refinements, which, as already mentioned, are unknown to the people at large. By reasoning on these facts, as opposed to the assertions of the ordinary (sastris) tutors and moonshees I at last was led to exclude these needless characters from the grammar: my object being to describe the language as it is; not such as philologists assert it ought to be. The removal of these fictitious obstacles has rendered my task much easier and I now hope that Telugu will no longer be considered the most difficult of the Peninsular languages.

The greater part of this Grammar is devoted to the common Telugu of every dayeveryday [sic] life, but at the conclusion (page 246–7; and 266) I have given a short account of the Telugu literature, comprizingcomprising [sic] the names of the more celebrated poems. Probably many of these favourite volumes will be as un-


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 ==Lesson 6==

Recombination and translation material
Rh
 * 1) This small country will collaborate with the Kremlin.
 * 2) He believes that "one who takes advantage of the current situation is a smart man"
 * 3) He will act in accordance with the established procedure.
 * 4) Is there a capitalistic class under a socialistic form of government?
 * 5)  and  are worshipped by Communists.
 * 6) She claims to be a proletarian, but she has a beautiful car and fine clothing.
 * 7) You can go now, but come back to see me tomorrow at the same time.
 * 8) I don't have anything to confess, and I don't need a lawyer.
 * 9) You are not obliged to confess, but whatever you say may be used against you.
 * 10) Please give me both the names, the one given when you were born and when you were a student
 * 11) Do you know of any anti-US organizations that are sympathetic to the policies of the communist party?
 * 12) I understand you have some books on socialism. What are they used for?

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iv available to a foreigner as ShakspeareShakespeare [sic] or Milton would be to a bramin, for no one can read the higher Telugu poems with pleasure, unless he possesses a familiar acquaintance with Sanscrit literature, and with the braminical mythology. It therefore becomes necessary (see page 246–7) to substitute a different course of study; less aspiring but more profitable; which will ultimately enable us to understand and enjoy the more celebrated compositions. On similar grounds foreigners who learn English must often commence their studies with Defoe, Addison, Swift and Goldsmith: who among us have become so far popular as to be no longer considered classical.

The first attention of the student should be given to attaining, under the guidance of a native, (from the northern districts) a correct pronunciation and a fluent ease in reading verse and prose. To write the Telugu character with readiness is also an indispensable accomplishment in one who is called upon to transact business. The written character differs very widely from that used in printing, which is modelledmodeled [sic] on the round text hand used in books, whereas the running hand used in business is far from being equally legible. After reading a few Trials and common Letters, a volume of which is now ready for publication, the pleasure should peruse Vemana, (in the edition which is accompanied by an English translation) with a few other Satacams (see page 203) and the Adventures of Saranga Dhara. To this may succeed the Adventures of Nala (Nala Chacravarti Dwipada) which is now in course of publication. He may then finish a very moderate but sufficient course of Telugu reading by perusing the Lila (see page 238) which if carefully studied ought to give us an ample stock of the expressions daily required in speaking and writing. The Cuchelopakhyanam recently published will also be found useful by beginners.

The being considered by bramins to be heretical, because opposed to their superstitions, we should obtain the assistance of any well educated Jangam in perusing it. Learning is not very general among the thethe [sic] Jangams who belong to the Telugu people, but some of them are men of superior attainments, and possess a liberality of mind which is remarkably pleasing.

But the student who desires to make further progress in Telugu should next read a part of the Dwipada Ramayan, the Pancha Tantram, the Bhanumad Vijayam, (see page 228.) and the Uttara Ramayan written by Canacanti Paparaz. Or he may proceed at once to the Aniruddha Charitra and the Vijaya Vilasam. Until he can read the Dwipada Ra-


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 If the judgment does not specify otherwise, all the persons sentenced on account of having committed the same offence must be liable jointly and severally for the return of property, or payment of its value, or payment of compensation.

If distress for payment of court costs, fines, and property restitution or compensation has to be carried out at the same time but the accused's property does not suffice to pay all, the net proceeds of such property shall be used in the following order:

costs;

property restitution or compensation;

fines.

In all criminal cases, no court of justice shall demand other costs than those prescribed in this Chapter.

In a case instituted by a public prosecutor in which the criminal charge includes a claim for restitution of property or its value, no cost shall be demanded.

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 ==Lesson 1==

Recombination and translation material
Rh
 * 1) Please keep it a secret.
 * 2) It is already midnight. Why aren't you asleep yet?
 * 3) I am the manager of this club. May I help you?
 * 4) She didn't commit any crime. She was only frightened.
 * 5) Your upper lip is all swollen. What happened?
 * 6) My physical feature is very common among Chinese.
 * 7) Have you seen this man before?
 * 8) Let me sit down, and have some tea first.
 * 9) How old are you, and how long have you been a seaman?
 * 10) I don't want to be a witness.
 * 11) It is beautiful. How much is it?
 * 12) She came to seek your advice. Will you help her?
 * 13) Where is the boss? I want to see him immediately.
 * 14) My boss sent me here to pick up the money. Where is it?
 * 15) His appearance resembles a detective, but he is a teacher.
 * 16) I am not a detective. I am a friend of Mr. Lee.
 * 17) I live in this vicinity, and I am very familiar with the roads.

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 128 For the Canons of this Order were made three Rules.

The first Rule which St. Augustin made for his Brethren, who promised to live together in Common, consists of nine Chapters; and treats of the Community of Goods, Self-denial, &c.

The second Rule of St. Augustin appoints the manner and time of Praying, Singing, Reading, Working, Living, and Conversing, and consists of Five Chapters.

The third Rule of St. Augustin, treats more largely of those things which appertain to the Community of living among Clerks, and consists of Forty Five Chapters.


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Introduction consists of the exposition of (1) the aim, (2) the subject, (3) the origin of the Orthodox Christian dogmas, (4) the division of the dogmas, (5) the character of the plan and method, (6) a sketch of the history of the science of dogmatic theology.

Though the Introduction does not speak of the subject, it cannot be omitted, because it defines in advance what will be expounded in the whole book and how it will be expounded.

“1. The Orthodox dogmatic theology, taken in the sense of a science, has to expound the Christian dogmas in a systematic order with the greatest fulness, clearness, and thoroughness possible, and, of course, only in the spirit of the Orthodox Church.

“2. Under the name of Christian dogmas are understood the revealed truths which are transmitted to men by the church as incontestable and invariable rules of the saving faith.”

Farther on it explains that revealed truths are called the truths which are found in tradition and in the Scriptures. Tradition and the Scriptures are recognized as truths because the church recognizes them as such, and the church is recognized as a truth because it recognizes these, Tradition and the Scriptures.

“3. From the conception given about the Christian


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120


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Rh mayan with ease he should not attempt the other books now named. All these works have been carefully edited by learned natives.

if however, after reading the he wishes to acquire a knowledge of the poetical dialect without studying the braminical works now named, the student may with advantage peruse the Vedanta Rasayan or Summary of the Gospels, a Telugu poem of considerable merit, which is illustrated by a commentary written in the same language by a learned Jangam.

But as the can only be read after we have made a very considerable progress in Telugu, the reader may, if he prefers modern composition, read the Dwipada version of the Gospel of St. Luke, which I understand is about to be printed. The style herein adopted is generally an imitation of that used in the, but the narrative is sedulously written in the plainest and most literal style. Many phrases are borrowed from the Vedanta Rasayan, and from the Tamil Gospels.

The books I first named (all of which are short and plain, and some are very popular) are selected out of many which appear equally easy. But a few of those are objectionable as not calculated to interest or benefit the beginner: who in time will meet with many useful volumes which I now leave unmentioned.

The course of study now recommended, is different from that which learned Bramins would point out. They would wholly reject the books first named: and though they may concur in recommending the Ramayan and the works named in conjunction with it (of course rejecting the Vedanta Rasayanam) they would urge us to read the Bhagavat, and some other favourite works named at close of this grammar. But they seldom reflect that much which is quite easy to them, is disheartening to a foreigner who is far from familiar with the Sanscrit dialect, who does not understand the mythology, and who cannot enter into the beauties of mysticism. The wild superstitious fables which delight the taste of a Hindu often excite unmingled disgust in the minds of our countrymen: and as all aliment to be nutritious must be in a measure agreeable, I have in the present list, first recommended those popular poems which may most agreeably conduct us to the higher portions of Telugu literature.

If, in the arrangement of this grammar I have considerably deviated from the course laid down in the older works it is because the great object kept in view has been, to facilitate self instruction and to render the reader independent of oral explanations: this I hope will be the result of the adjustment now made. “Every man” says (in the preface to his Greek Grammar) “who has thought much upon such a curious and ex-


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 dogmas it appears that they have all a divine origin. Consequently, no one has the right either to multiply or diminish their number, or to change and transform them in any manner whatsoever: as many as were revealed by God in the beginning, so many must there remain of them for all time, as long as Christianity shall exist.”

Revealed in the very beginning. It does not say what is meant by “revealed in the very beginning.” In the beginning of the world, or in the beginning of Christianity? In either case, when was that beginning? It says that the dogmas did not appear one after another, but all at once, in the beginning, but when that beginning was, it does not say, neither here, nor anywhere else in the whole book. It goes on:

“But, although they remain invariable in their revelation, both as to their number and their essence, the dogmas of the church have none the less to be disclosed, and are disclosed, in the church to the believers. Ever since men have begun to make these dogmas, which were handed down through revelation, their own, and to draw them into the circle of their ideas, these sacred truths began inevitably to be modified in the concepts of various entities (the same happens with any truth when it becomes the possession of man),—inevitably there had to appear, and did appear, various opinions, various misconceptions in regard to the dogmas, even various mutilations of the dogmas, or heresies, intentional and unintentional. In order to guard the believers against all that, to show them what and how they should believe on the basis of the revelation, the church has from the very beginning offered to them, by tradition from the holy apostles themselves, short models of faith, or symbols.”

The dogmas are invariable in number and essence, and were revealed in the beginning, and, at the same time, they have to be disclosed. That is incomprehensible,


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To a work such as this, avoiding as it does both theories and conclusions, and confining itself strictly to ascertainable facts, little or no prefatory note is required. Neither is any explanation necessary as to why the author chose to write the historical narrative of the Supreme Court of the United States. All departments of human activity are subject, or should be, to scrutiny and investigation, and the series of facts discovered become a definite part of knowledge to be explored, assetnbled and disseminated.

Quite true, while research has hitherto penctrated into all other branches of historical development, the courts have been singularly exempt. That they have been immune from searching inquiry; that around them has been created a myth, a fiction of supermundane superiority, is no reason why the case should continue so. On the contrary, the more their history and course have been shrouded in tradition and mystery, the more pressing is the necessity for learning and describing the actual facts. Only those who for sentimental or ulterior purposes would seek to disseminate fiction rather than facts can object to a serious inquiry into any institution and the collocation of verified facts. Such an objection at once discredits and disposes of itself in its obvious attack upon an attempt to bring out the truth, and in its aim to suppress the facts from becoming public information.

The long roll of facts herein set forth have not, it is needless to say, been created by the author. Good, bad or indifferent, they are all matters of record; there they lie in the archives awaiting the patient and sincere research of the


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 and still more incomprehensible is this, that before it said simply “in the beginning,” and we assumed, with the Theology, that it was from the beginning of everything; but now the beginning is referred to the beginning of Christianity. Besides, these words give us the very meaning which the author has denied in the beginning. There it said, in the beginning everything was revealed, and here it says that the dogmas are disclosed by the church, and toward the end it says that the church has from the very beginning (of something) offered, not the church offered from the beginning, by tradition from the holy apostles, short models of faith, or symbols, that is, there appears an internal contradiction. It is evident that by the word “dogma” two mutually excluding ideas are understood. According to the definition of the Theology, a dogma is a truth as taught by the church. According to this definition dogmas may be disclosed, as the author, indeed, says they are, that is, they may appear, be modified, become more complicated, as has happened in reality. But the author, having evidently given an inexact definition to the word “dogma,” by saying that it is a teaching of the truth, instead of saying a teaching of that which is regarded as the truth, or even by saying simply that the dogma is a truth of faith, has given to the dogma still another meaning which excludes the first, and so has been drawn into a contradiction. But the author needs this contradiction. He wants to understand by dogma the truth in itself, the absolute truth, and a truth as expressed by certain words. This contradiction is necessary in order that, teaching what the church regards as truth, it shall be possible to assert that what it teaches is the absolute truth. This false reasoning is important not only because it inevitably leads to contradiction and excludes all possibility of a rational exposition, but also because it involuntarily rouses suspicion in regard to the consequent exposition. According


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Rh

Cut the cabbage fine and boil tender with a chopped onion, changing the water frequently. When done re-heat in a cream sauce.

Fill a buttered baking-dish with alternate layers of creamed cabbage and seasoned crumbs. Have crumbs on top. Dot with butter, sprinkle thickly with grated cheese, and brown in a very hot oven.

Chop cold, boiled cabbage and press out all possible moisture. Season with melted butter, pepper, salt, and three or four tablespoonfuls of milk. Add two well-beaten eggs and cook in a buttered frying-pan until smoking hot, stirring constantly, then cease stirring long enough for it to brown on the bottom. Turn out on a platter and garnish with hard-boiled eggs.

Use the tough, outer stalks and roots. Scrape clean, cook until soft in boiling water, drain, and re-heat in a cream sauce.

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108

Prepare according to directions given for creamed celery. Put into a baking-dish, cover with crumbs and grated cheese, dot with butter, and bake until brown. Individual dishes may be used.

Prepare the creamed celery according to directions previously given and add to it a cupful or more of parboiled oysters. Turn into the shell of an Edam or pineapple cheese, cover with crumbs, butter, and grated cheese, and brown in a very hot oven. Serve on a fringed napkin. The oyster liquor may be used as part of the liquid in the cream sauce. Spaghetti or macaroni, mixed with grated cheese and tomato sauce, may be served in the cheese shell.

One small onion, one small, sour apple, one cupful each of carrot, turnip, and celery cut fine. Make a rich cream sauce, seasoning with salt, pepper, and curry powder. Boil each vegetable separately, drain, and add to the sauce.

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Rh

Season cold, cooked carrots with salt, pepper, butter, and sugar, and re-heat.

Cut carrots into dice. Cook until soft in boiling water, drain, add twice the quantity of peas. Season with salt, pepper, butter, a sprinkle of sugar, and re-heat.

Cut cold, boiled onions fine and reheat in a cream sauce. Put in a baking-dish in layers, with seasoned crumbs and dots of butter between. Have the last layer crumbs, butter, and a bit of grated cheese. Bake until brown.

Slice and fry in a skillet with plenty of hot lard, stirring constantly until the onions are brown. Sprinkle with salt after taking from the fire. Fried onions are served with broiled beef steak or Hamburg steak.

Cut cold, boiled parsnips into dice, and reheat in a cream sauce.

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6 historical delver; and if nearly all of them are now presented for the first time that is not the fault of the facts but constitutes a standing exposure of the superficial, if not designedly partial character, of much of the extant work passed off as historical writing. Spurious as most of these writings are, destitute of the merit of even a disposition to plumb the truth, characterized by a desire to glorify the basest passions and gloze over the true causes and development of events, they have unfortunately had their influence in propagating confusion, falsehood, and, worst of all, popular sub- mission to the ideas and conceptions demanded by the dominant class. But the day has even now dawned when such works are going to the rubbish heaps or perhaps being regarded as singular curiosities of "intellectual" vassalage.

For nearly a century and a quarter the Supreme Court of the United States has towered aloft in omnipotent sway over all other institutions. Absolute and final, its decrees have gone deep into the history of the nation, and have had their mighty effect upon those wars of classes and subdivisions of classes which it was once {and to some extent still is) the fashion to ignore in theory while asserting the fact in deed. During its whole existence the Supreme Court of the United States has been overwhelmed with laudation, although not at all times free from criticism.

But generalities do not concern us, nor do mere gilded words or fine assumptions have weight. What we do care about is to know the facts, so far as the annals can give them, of this all-powerful institution. We seek to learn its antecedents, its establishment, its development, its successive personnel, and its course, and what relation the whole bore to the great questions and interests of each associated era, This is the information supplied in the following pages; and if the facts presented are striking, original and voluminous, it should be remembered that they are only such as are in the records; without doubt many more underlying facts have


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76

Make a sauce of salt, pepper, dry mustard, paprika, grated lemon peel, lemon-juice, sherry wine, Worcestershire, and a few drops of tabasco sauce. Add a large lump of butter when the sauce begins to boil. When very hot, add some cubes of cold, cooked chicken and cook until heated through. Cold cooked veal or roast pork or beef may be used in the same way.

Cut up a chicken and pound the pieces with a potato masher until they are flat. Season, dredge with flour, and fry in butter or bacon fat.

Cut up a tender chicken, season with salt and pepper, dip in egg and crumbs, and arrange the pieces close together in a buttered baking-pan. Dot each piece with butter, cover with another dripping-pan, and bake in a hot oven until brown. Make a cream sauce and scrape the crumbs, butter, and bits of chicken which will stick to the baking-pan into the sauce. Pour the sauce over the chicken.

Select tender pork chops, trim carefully, and remove from the bone, or use pieces of pork

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Template:DLI title

   Presidio of Monterey, California
 * русский
 * српскохрватски
 * 華語
 * shqip
 * magyar
 * 日本語
 * türkçe
 * português
 * فارسی
 * română
 * українська
 * italiano
 * bahasa indonesia
 * ภาษาไทย
 * български
 * polski
 * 粵語
 * český
 * ελληνικα
 * 한국어
 * español
 * français
 * العَرَبِيَّة
 * slovenščina
 * မြန်မာဘာသာ
 * deutsch
 * tiếng Việt Nam
 * lietuvių

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Rh never been introduced into the accessible archives, and these are lost to the authentic search of the historian.

As will be seen, this work is not one of a routine biographical or descriptive character, dependent upon injections of fanciful matter or dramatic coloring. It seeks to go to the basic depths, and in doing so it becomes far more than a narrative of a single institution, It carries, with a comprehensive history of the development of capitalist resources, power and tactics, and of the great and continuing conflict of classes. It reveals the true sources of the primitive accumulation of wealth which necessarily beginning with the appropriation of land and the dispossession of the workers, have extended to the elaborate and conjointed forms of capitalist power subsisting to-day.

Palpably, a dominant class must have some supreme institution through which it can express its consecutive demands and enforce its will, whether that institution be a king, a Parliament, a Congress, a Court or an army, In the United States, the one all-potent institution automatically responding to these demands and enforcing them has been the Supreme Court of the United States. Vested with absolute and unappealable power, it has been able, with a marvelously adaptable flexibility, to transmute that will not merely into law but into action. Hence, the narrative of that court inevitably becomes a history of the origin and progress of capitalism and correspondingly of the forces in society antagonistic to the capitalist order.

Because, however, the Supreme Court as an institution has throughout its whole existence incarnated into final law the demands of the dominant and interconnected sections of the ruling class it should not be supposed that its members have necessarily been susceptible to the vulgar forms of venal corruption. That the rise and ever-expanding sway of the capitalist class have been accompanied by ceaseless fraud and bribery is overwhelmingly attested by the cumulative


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8. But no one can read the proofs herein presented without being impressed by the fact that the Supreme Court as a whole has been peculiarly free from venal corruption in an age when such corruption was common if not continuous. During the extended career of that Court, personal venality has not been the determining factor.

Instance after instance occurs where Justices, at the end of long service on that Bench, have died virtually penniless, or possessed of the most scantily moderate degree of means. Yet many of those very Justices were-the same who by their decisions gave to capitalists vast resources, or powers translatable into immense wealth. The influences so consistently operating upon the minds and acts of the incumbents were not venal, but class, influences, and were all the more effective for the very reason that the Justices in question were not open to pecuniarily dishonest practices. From training, association, interest and prejudice, all absorbed in the radius of permeating class environment, a fixed state of mind results. Upon conditions that the ruling class finds profitable to its aims, and advantageous to its power, are built codes of morality as well as of law, which codes are but reflections and agencies of those all-potent class interests.

In the case of men whose minds are already permanently molded to such purposes, and whose character and station forbid the use of illicit means, immeasurable subservience can be obtained which crude and vulgar money bribery would hopelessly fail to accomplish. Under these circumstances a great succession of privileges and powers are given grattitously, and class corruption appears as honest conviction because of the absence of personal temptations and benefits on the part of the Justices. In this deceptive and insidious guise supreme judicial acts go forth to claim the respect and submission of the working class against whom the decisions are applied.

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Rh the fact that nearly all of the men ascending to the Supreme Court of the United States had, as attorneys, served powerful individuals or corporations need occasion no undue comment. Understanding the development of modern society, and its evolutionary transitions, we can clearly perceive that certain men skilled in law had to do the indispensable legal work of capitalist interests, and whether this or that set of lawyers did it is immaterial historically. Able servitors of the ruling economic forces, it naturally followed that those forces, controlling Government, should select certain of those lawyers to go on the Supreme Court Bench; and how completely, consistently and accurately the personnel of the Supreme Court has represented the dominant class section or sections of each era is abundantly shown by the mass of facts in these chapters.

In conclusion I desire to express to my friends Frederick Sumner Boyd and Anne Sumner Boyd my deep appreciation of their kind services in connection with the final revision of the manuscript for publication, and to all those who have in substantial ways encouraged the preparation of this work, and placed means at my disposal, I wish to acknowledge my sincere appreciation.

New York, January, 1912.


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Although founded as an original institution, apparently new in itself and dissociated from any prior experiment, the Supreme Court of the United States was, nevertheless, the legatee, from its inception, of an antique body of laws and a mass of customs, traditions, views and conditions growing out of long-standing conflicting interests.

Isolated from what has preceded them as some institutions may appear, because lacking a direct titular ancestor, they are no more so than any of the other manifold evidences of human activity. Their form may sometimes seem novel and tmrelated, but their life principle and all of the display of instinct and conduct springing from it, have the most intimate connection with previous events, often reaching back to remote time. Neither are established institutions accidental, capricious or aimless, Their lineage is clearly traceable; and, imperfect as they may sometimes seem, they represent the definite expression at a particular time of a definite purpose to conserve certain ideas or conditions. This much is axiomatic. But at this point conventional historical inquiry stops without scrutinizing the growth and contests of antagonistic forces, and what special dominant section of those warring


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 to the definition of the church, a dogma is a revealed divine truth, taught by the church for the sake of the saving faith. I am a man of God. In revealing this truth, God has revealed it to me, too. I am in search of the saving faith, and what I say to myself, billions of people have said. Then, teach it to me! The truths are revealed by God (revealed to me as much as to you), so how can I help believing these truths and accepting them? This is all I want, and they are divine. So teach them to me! Don’t be afraid that I will reject them. But the church seems to be afraid that I may reject what is necessary for my salvation and wants to compel me in advance to assert that all the dogmas which it may teach me are truths. There can be no doubt that what God has revealed to men who are in search of him is truth. Give me these truths! But here, instead of the truths, I receive a bit of intentionally incorrect reasoning, the purpose of which is to assure me in advance that everything which I am going to be told is the truth. Instead of vanquishing me in favour of the truth, this reasoning has the opposite effect upon me. It is evident to me that the reasoning is irregular, and that they want to assure themselves in advance of my confidence in what they are going to tell me. But how do I know that what I am to be taught as a truth is not a lie? I know that in the Dogmatic Theology, and in the Catechism, and in the Epistle of the Eastern Patriarchs, and even in the Symbol of Faith there is, among the number of dogmas, one about the holy, infallible church, which is guided by the Holy Ghost, and which is the keeper of the dogmas. If the dogmas cannot be expounded in themselves, but only by leaning on the dogma of the church, they ought to begin with the dogma of the church. If everything is based upon it, they ought to say so and begin with it, and not place, beginning with the 1st article, as is done here, the dogma of the church at the


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While an extremely powerful and dictatorial landed aristocracy was thus being created by royal grants and official favoritism, or by illegal or fraudulent methods, severe statutes were enacted in all the colonies, the effect of which was to create and perpetuate a dependent and servile class of workers whom the laws differentiated into various menial classes.

The extraordinarily profound piety ascribed to the Puritan fathers was accompanied with a series of drastic laws passed by them prescribing the sharpest limitations for the many of both sexes compelled to work for wages, or for those whom musfortune, in one way or another, branded as defenseless objects of legal and religious persecutions.

The act of the Massachusetts authorities in 1630, passed in response to the self-interested demands of those who had already acquired property and who needed a constant supply of subservient workers, was the first measure in that colony the purpose of which was to form a permanent class of practically hereditary working people. This act, "Respecting Masters, Servants and Laborers," opened by decreeing that no servant should give, or sell, any truck during time of service without the consent of masters. All workmen, it declared, should work the whole day—that is, as long as they should be ordered—allowing "convenient time for food and rest." Compulsory adherence to their tasks was decreed by Section


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 foundation of everything, without mentioning it except in passing, as something well known, and not as is done in Filarét’s Catechism, Chapter III., where it says that God’s revelation is preserved in the church by means of tradition. The church is composed of all who are united by faith in tradition, and it is they who are united by tradition that keep the tradition.

Tradition is always preserved by those who believe in the tradition. That is always so. But is it right,—is it not a lie? And that care with which, without saying anything about the dogmas, they want to catch in advance my agreement to every dogma, compels me to be on guard. I do not say that I do not believe in the holiness and infallibility of the church. At the time when I began this investigation I fully believed in it, in it alone (it seemed to me that I believed). But it is necessary to know what is to be understood by the church and in any case, if everything is to be based on the dogma of the church, to begin with it, as Khomyakóv has done. But if they do not begin with the dogma of the church, but with the dogma of God, as is the case in the Symbol of Faith, in the Epistle of the Eastern Patriarchs, in the Catechism, and in all Dogmatic Theologies, they ought to expound the most essential dogmas, the truths revealed by God to men.

I am a man,—God has me, too, in view. I am searching after salvation, how then could I refuse to receive that one thing which I am searching after with all the powers of my soul! I cannot help accepting it, I certainly will accept it. If my union with the church will strengthen it, so much the better. Tell me the truths as you know them! Tell them to me at least as they are told in the Symbol of Faith which we have all learned by heart! If you are afraid that in the dimness and feebleness of my mind, in the corruption of my heart, I shall not understand them, help me (you know these


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The American Revolution of 1776 did not proceed from any intrinsic popular impetus for national independence. On the part of the intelligent elements of the working class, conscious of the oppression to which they were subjected, there had long been a smoldering sense of revolt; but it was a revolt against the tyranny of the manorial lords and other masters. At times it had broken out into spasmodic and abortive uprisings, which, necessarily local in their scope, had been speedily put down, and the leaders imprisoned or executed.

These outbreaks were not against British laws and exactions; they arose from conditions in Dutch, as well as in British, colonics. The laws weighing so intensely upon the various grades of the working population were, in general principle, imitated from the European codes, chiefly the British, Jn special character and adaptation, however, they were of native make. They were demanded, drafted and enlarged by the manorial lords and merchants in the colonial councils and legislatures, and enforced by officials of the same class. The remonstrances of the settlers to Lord Bellomont and Governor Wright revealed how, when a favorable occasion came, appeals for relief were made over the heads of the legislatures direct to the British Government.

The Revolution was declared by a combination of powerful men of the day—even then styled in official proclamations as capitalists—controlling much of the valuable natural resources and their products. Some of these dissatisfied


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If the various elements dissatisfied with the Constitution were led into attaching too much importance to the question of representation in Congress, and too little to the immense potential consequence of the Federal judiciary, the powerful landed class fully understood the supreme might of the courts.

As the superlative court of courts, the newly created Supreme Court of the United States was rightly anticipated by the manorial lords as the chief instrument by which their interests would be conserved and enlarged. Holding an inherited anid expanding power, the accretion of centuries, and owning vast estates, the land grandees did not purpose to surrender either wealth or power. Their one guiding aim was to hold, and extend, both. The import of such concessions as during those threatening times had to be made to the populace was cunningly magnified, but a considerable body of the artisans, laborers and small farmers were by no means deceived. Gloss and fine phrases aside, they saw with alarm that not only had the essentials of the old conditions been retained, but that the landholding families and traders were now exercising limitless license in securing great new accumulations of property, and securing the passage of whatever laws their interests and designs required.

The Revolution had established the principle of resorting to force to accomplish changes. With this "perilous" idea permeating the "lower orders," there was a considerable degree


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 divine truths,—you, the church, are teaching us), help my feeble understanding, but do not forget that, no matter what you may say, you will be talking to the understanding. You will be speaking the divine truths as expressed in words, but the words must again be comprehended only through reason. Elucidate these truths to my understanding; show me the futility of my objections; soften my obdurate heart with the irresistible sympathy and striving after the good and the true, which I shall find in you; and do not catch me with words, with an intentional deception, which impairs the sacredness of the subject of which you speak. I am touched by the prayer of the three hermits, of which the popular legend speaks; they prayed to God: “There are three of you, three of us, have mercy on us!” I know that their conception of God is wrong, but I am attracted to them and want to imitate them, just as one feels like laughing, looking at those who laugh, and like yawning, looking at those who yawn, because I feel with all my heart that they are searching after God and do not see the falseness of their expression; but sophisms, intentional deception, in order to catch in their trap those who are not cautious or firm in reason, repels me.

Indeed, what is before us is the exposition of revealed truths about God, about man, about salvation. The men know that and, instead of expounding what they know, they make a series of false deductions, by which they want to convince us that everything which they are going to say about God, about man, about salvation, will be expressed in such a way that it cannot be expressed in any other way, and that it is impossible not to believe everything they are going to tell me.

Maybe you are going to expound to me a revealed truth, but the method which you use in making the exposition is the same that is applied in the exposition of an intentional lie. Let us zealously look at the truths themselves,—what they consist in, and how they are expressed.


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To the puzzled astonishment of the general public, Chief Justice Jay, after presiding over the Supreme Court of the United States for five years, stepped down from that office to go to England, as the plenipotentiary of the United States, and execute a new treaty.

This happened in April, 1794. "… No appointment," wrote Jay on April 17 of that year to his wife, referring to his selection as special envoy, "ever operated more unpleasantly upon me; but the public considerations which were—urged, and the manner in which it was pressed, strongly impressed me with a conviction that to refuse it would be to desert my duty for the sake of domestic concerns and comforts."

As the sequel proved, Jay's quitting the Chief Justiceship amounted to a de facto resignation, although he did not formally resign until June 29, 1795, after his return from England. Jay did not again sit on the Supreme Court; and indeed it would seem that President Washington did not expect his return to that office, for in a secret and confidential letter, Washington, on April 29, wo4, asked Jay whether he would not consent to become the resident Minister of the United States at London after his mission as envoy was concluded. Washington's intermediary on this occasion was Jay's former


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the Symbol of Faith, in the Epistle of the Eastern Patriarchs, in Filarét’s Catechism, in the Dogmatic Theology, the first dogma is the dogma about God. The general title of the first part is: “Of God in himself, and of his general relation to the world and to man (θεολογία ἁπλῆ, that is, simple theology).” That is the title of the first part. The second part will be: “About God the Saviour and about his special relation to the human race (θεολογία οἰκονομική, theology of house-management).”

If I know anything about God, if I have had any conception about him, these two titles of the two parts destroy all my knowledge of God. I cannot connect my conception about God with a conception about a God for whom there exist two different relations to man,—one, general,—the other, special. The concept “special” attached to God destroys my conception about God. If God is the God whom I have comprehended, he can have no special relation to man. But, perhaps, I do not understand the words right, or my conceptions are incorrect. Farther on I read about God: “Division I. Of God in himself.” Now I am waiting for the expression of the truth about God, revealed by God to men for their salvation and known to the church. But, before getting an exposition of this revealed truth, I meet with Art. 9, which speaks of the degree of our cognition of God according to the doctrine of the church. This article, like the Introduction, does not speak of the subject itself, but in the same way prepares me to understand what is going to be expounded:


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BAR BRIEFS instructions on the law and all proper testimony admitted and improper rejected.

"The remedy for error of a trial court is not to place on an appellate court the burden of a trial de novo in a criminal case. A trial de novo in the appellate court deprives a defendant of his right to a jury trial. When the appellate court ceases to be a court of error and becomes one to determine whether or not, if the jury had been properly instructed in the law of the case and improper testimony ruled out and competent testimony admitted a verdict of guilty would nevertheless have been returned, it comes mighty close to a trial de novo in the appellate court. The remedy is (1) adequate salaries for trial judges; (2) nomination of candidates for the bench in judicial conventions; (3) sufficient judges to handle the work without undue haste."

President McIntyre has announced the appointment of the following members of the Bar to confer with the Judges on the form of the bill to be presented to the Legislature for the establishment of a Judicial Council: C. L. Young, Bismarck, Chairman; A. W. Cupler, Fargo; W. F. Burnett, Fargo; W. H. Stutsman, Mandan; and Alfred Zuger, Bismarck.

Copies of all Judicial Council acts in force in other states are being distributed to the members of this committee and the Supreme and District Court Judges, and a joint meeting of the Committee and the Judges will be held at Bismarck on or about the 30th of November.

Chief Justice Christianson's plans for this meeting include the presence of Dr. Hickson, the Chicago expert to whom Judge Olson so frequently referred during his attendance at the annual meeting, which indicates quite clearly that whatever is done is going to be done with the view of covering the whole field of the administration of criminal justice.

The Vice-President and members of the local council of the American Bar Association for the State of North Dakota have been announced as follows:

 * C. L. Young, vice-president and chairman, Bismarck;

John Knauf, Jamestown;

W. A. McIntyre, Grand Forks;

E. B. Goss, Minot;

L. R. Nostdal, Rugby.

A physician's testimony that disease might have resulted from the employment may be considered to corroborate other testimony, but is insufficient alone to warrant an award.—Madore vs. New Departure Mfg. Co., 134 Atl. 259 (Conn. July, 1926).


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 “The Orthodox Church begins all its doctrine about God in the Symbol of Faith with the words, ‘I believe,’ and the first dogma which it wishes to impart consists in the following: God is incomprehensible to the human intellect; men can know him only in part, as much as he has been pleased to reveal himself for their faith and piety. An irrefutable truth.” (p. 66.)

To those who are not used to this kind of an exposition I must explain (for I myself did not comprehend it for a long time) that by irrefutable truth is to be understood, not that God is incomprehensible, but that he is comprehensible, but comprehensible only in part. In that does the truth lie. This truth, it goes on to say:

“Is clearly expounded in Holy Scripture and is disclosed in detail in the writings of the holy fathers and teachers of the church, on the basis even of common The Holy Books preach on the one hand that (a) God dwelleth in the light which no man can approach unto; whom no man hath seen nor can see (3 Tim. vi. 16); that (b) not only for men, but also for all his creatures his being is unknown, his judgments unsearchable, and his ways past finding out (Rom. xi. 33—34; John i. 18; 1 John iv. 12; Sirach xvii. 3—4), and that (c) God alone knows God: for what man knoweth the things of a man, save the spirit of man which is in him? even so the things of God knoweth no man, but the spirit of God (1 Cor. ii. 11), and no man knoweth the Son, but the Father, neither knoweth any man the Father, save the Son (Matt. xi. 27).” (p. 67.)

On the other hand the Holy Books announce to us that the Invisible and Incomprehensible One was pleased to appear to men, and that God is inaccessible to reason, but that his existence is comprehensible. Here are the truths:

“(a) For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternal power and God-


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Of all of the Chief Justices of the Supreme Court of the United States, John Marshall, in reputation, biographical lore, and tradition has stood out fixedly as the most illustrious. Certain fervent writers have even classed him as of the three greatest men that America has produced, ranking with Washington and Lincoln. A multitude of -eulogists have acclaimed him as one of the very foremost jurists of all ages, the quintessence and apogee of exalted judicial wisdom and virtue.

Long since, it became the settled fashion in particular quarters to reverence Marshall’s very memory. But it has been remarked that this continuous laudation has singularly failed to toucli and move the popular mind. Of other heroes, warrior and political, the people at large know, but they seem to lack all due appreciation of judicial heroes, and go their way caring nothing.

If to the unerndite run of people the name of John Marshall carries little, and means less, it signifies much to the aristocracy, or let us say, the oligarchy of wealth. Justly so to that highly conscious class, which always well rewards and honors its apostles and servers, the deeds and services of John Marshall stand out with a halo of dazzling greatness. To them, Marshall is the greatest of the great among judges.

In appearance he did violence to the prescribed fastidious apparel of awe with which a judge was expected to invest himself, He was careless, even sloven in his dress, looking more like a countryman than a jurist, often taking his seat on the Supreme Court bench with burrs sticking to his clothes—


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NOTES AND QUERIES.

[No. 28. The conquering Roman when he urged his way, That led to triumph, through the neighbouring plain, And oped the gloomy grove to glare of day, Awe-stricken gazed, and spared the sacred fane! One stone of all its circle now remains, Saved from the modern Goth's destructive hand; And by its side I muse: and Fancy reigns; And giant oaks on Penniel waving stand; With snowy robe and flowing beard sweep bye The aged Druid-train beneath the star lit sky.

The Druid-train has moved into the wood, Oh! draw a veil before the hideous scene! For theirs were offerings of human bloody With sound of trump and shriek of fear between: Their sacred grove is fallen, their creed is gone; And record none remains save this gray stone! Then come the warlike Saxons; and the years Roll on in conflict: and the pirate Dane Uprears his bloody raven; and his spears Bristling upon the Broadlaw summit's plain Spread terror e'er the vale: and still rude times Succeed; and Border feuds with conflagration light Nightly, the Teviot's wave, and ceaseless crimes Chase from the holy towers their inmates in affright.

Land of the South! Oh, lovely land of song! And is my dwelling by thy classic streams; And is the fate so fondly wished and long, Mine in the fulfest measure of my dreams,— By thy green hills and sunny glades to roam, To live among thy fo-appy shepherd swains Where now the peaceful virtues have their home; A blissful lot! nor aught of grief; remains. Save far that friend, beloved, bewailed, revered, To whom my heart for thrice ten years was bound. By truest love and gratitude endeared: The glory of his land, in whom were found Genius unmatched, and mastery of the soul, Beyond all human wight, save Shakspeare's own controul."

F.S.A. L. & E.

Soho Square.—Your correspondent "" (p. 244.) has anticipated me in noticing Mr. Cunningham's is take about Mrs. Cornellys' house in this square; but he has left unnoticed some particulars which deserve to be recorded. Mrs. Cornellys', or Carlisle House as it was called, was pulled down at the beginning of the present century (1803 or 1804), and two houses built upon its site, now Jeffery's Music Warehouse and Weippert's Quadrille Office. Some curious old paintings representing banquetting scenes, formerly in Carlisle House, were carefully preserved until the last few years, in the drawing-room of the corner house; when they were removed to make room for some of the "elegancies" of the modern print shops. The Catholic Chapel in Sutton Street was the banquetting-room of Carlisle House; and the connecting passage between it and the house in Sobo Square was originally the "Chinese bridge."

"Teresa Cornelys, Carlisle House, St. Ann, Soho, dealer " appears in the bankrupt list of The London Gazette of November, 1772; and in December of the same year, this temple of festivity, and all its gorgeous contents, were thus advertised to be sold by public auction:—

"Carlisle House, Soho.—At twelve o'clock on Monday the 14th instant, by Order of the Assignees, Mr. Marshall will sell by Auction on the Premises, in one Lot, All that extensive, commodious, and magnificent House in Soho Square, lately occupied by Mrs. Cornelys, and used for the Public Assemblies of the Nobility and Gentry. Together with, all the rich and elegant Furniture, Decorations, China, &c., thereunto belonging, too well-known and universally admired for their aptness and taste to require here any public and extraordinary description thereof. Catalogues to be had at the House, and at Mr. Marshall's, in St. Martin's Lane. The curiosity of many to see the house, to prevent improper crowds, and the great damage that might happen therefrom (and the badness of this season) by admitting indifferent and disinterested people, must be an excuse to the public for the Assignees ordering the Catalogues to be sold at 5s. each, which will admit two to see the house, &c., from Monday the 7th instant to the time of sale, Sundays excepted, from ten in the morning to three in the afternoon, and they hope no person or persons will take amiss being refused admittance without Catalogues."

In December, 1774, the nobility and gentry were informed (by advertisement), "That the Assemblies at Carlisle House will commence soon, under the conduct and direction of a New Manager;" but notwithstanding the efforts of this person, we find that Mrs. Cornellys resumed her revels here with great spirit in 1776. In 1778, Carlisle House was again publicly advertised to be sold by private contract, or "to be hired as usual;" and subsequently, after having been used as a common exhibition room of "Monstrosities," a "School of Eloquence," and "An Infant School of Genius," it closed its public career through the interference of the magistracy in 1797.

A full and particular account of the rise and fall of "Mrs. Cornelys' Entertainments at Carlisle House, Soho," was privately printed two or three years ago, by Thomas Mackinlay, Esq., of the firm of Dalmaine and Co., Soho Square.

Carlisle Street, Soho Square.—The large house at the end of this street, looking into the square, was formerly called Carlisle House. In 1770 it was purchased of Lord Delaval by the elder Angelo; who resided in it many years, and built a large riding-school at the back. Bach and Abel, of "Concert" notoriety, resided in the adjoining house. Carlisle Street was then called King's Square Court.


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The great case before the Supreme Court of the United States in 1809–1810 was that arising from the act of the Georgia Legislature, in 1796, repealing the Yazoo land grants of 35,000,000 acres, after conclusive evidence had shown that the empowering act had been obtained by bribery.

About a month before the act was repealed, when the whole country knew the sworn details of the bribery, and when it was well known that the incoming Legislature was pledged to annul the granting act, the Georgia Mississippi Company hastily sold to William Wetmore and other New England capitalists, mostly living in Boston and adjacent cities, a tract of their grant. This tract lay in what is now the State of Mississippi, and was estimated to contain the enormous total quantity of 11,380,000 acres. For this immense area, the New England Mississippi Company {for so the buyitig company called itself) agreed to pay the Georgia Mississippi Company ten cents an acre in gradual installments.

Who had suggested this sale in view of the fact that the Georgia Legislature was bound to revoke the grant? And upon what assurances did the Boston capitalists contract to buy the land, knowing as they did that revocation was imminent and certain?


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The attention of the American people and all the world beside was directed toward the splendid man-of-war Maine from the day when the floating fortress steamed into Havana harbor to represent the United States in Cuban waters, ‘The Maine was a second-class, twin-screw battleship, built at a cost of $2,500,000 and commissioned September 17, 1895. Her dimensions were as follows ; Length, 318 feet ; breadth, 57 feet, draft, 21 feet 6 inches ; displacement, 6,682 tons ; horse power, 9.293 ; specd, 174 knots ; armament, main battery, four 10-inch amd six 6-inch guns ; secondary battery, seven 6-pounder and eight T-pounder rapid fire guns and four Gatlings ; armor, on the sides 12 inches thick, on the turrets 8 inches, and on the barbettes from 1) to 12 inches ; crew, 34 officers and 370 men.

The destruction of the Maine by the explosion of a submarine mine in Havana harbor leaves only one other warship of her class, the Texas, in the navy,


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 OFFICERS OF THE MAINE.


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a skeleton finger of steel points skyward over a tangled mass of rusting wreckage.

The Wreck of the Maine.—sbate the foul waters of Havana Harbor,

Carrion birds wheel and circle about it, settling ever and anon upon its wire supports, watching for some nameless fragment to drift to the surface of the murky tide, Human Jackals on the wharves of the city laugh as they catch sightof it and gloat over the ruin it marks. On the Prado, the military band plays a lively air and crowds saunter to and fro, officers and civilians mingling jn the cool of the evening, but silently the shadow of the shaft in the harbor falls across the doomed cily. The laugh of the jackal dies away ina snarl of fear. ‘lo the eastward, the legions of Gomez and Garcia are drawing nearer—to the northward, the horizon is jilack with the smoke of a mighty war fiect. And still the gaunt fragment points spectrally toward high heaven as if in dumb appeal ; still its shadow continues to fall across the dreary waste of waters, across the silent wharves and the deserted Prado, until, answering the flag of Cuban Freedom on Morro Castle, from the peak of that solitary fighting mast the star-spangled banner shalt

flash forth the signal ‘TITHE MAINE IS AVEN


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