text:
Page:The Pima Indians.pdf/199

194 The dead are never cremated, as they are by the adjoining tribes on the west. There is an apparent exception to this rule in the occasional eremation practised while on the warpath. The writer is unable to account for this, unless it be due either to the influence of the Maricopas or to a survival pointing toward western affinities of the Piman stock. So far as ascertained, no disinterment for removal had ever been made by the Pimas. They never buried beneath the floors, as did the Hohokam.

Water and pinole are placed on the grave for the use of the soul in the other world, not on the journey thither, as that takes but a moment's time. In order that the soul may betake itself to the proper abiding place and not disturb the survivors, the latter are accustomed to say at the grave, "We put you here. Go to your home in the East. Do not come back." Ghosts are uncanny things to have about and are liable to touch sleeping persons, this meaning that the one touched must accompany the visitor back to the land of shades.

When a householder died his ki was formerly burned—an excellent hygienic precaution, but detrimental to the development of architecture. The other structures about the premises were either burned or piled on the grave. Personal property was similarly destroyed, and if there was any live stock, it was killed and eaten by anyone who chanced to be on hand, though the immediate relatives never partook

title: Page:The Pima Indians.pdf/199


text:
Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/146

138 also to exculpate Judge for various misstatements by suggesting that he was an unconscious vehicle.

Then, there is the description of the “flapdoodle” seal as “the Lahore brass”—a bad shot at the place of origin known to Olcott, but only half known to Judge. Attribute this to Mr. Judge trying to startle his colleague, and it exhibits just that mixture of fatuity and cunning which appears throughout the vice-president’s transactions. Attribute it to Colonel Olcott manufacturing a pretended Judge forgery, and it becomes a refinement of malignant ingenuity such as his worst enemy, I fancy, will not suspect Colonel Olcott of compassing, either himself or through an agent.

It needs no Sherlock Holmes to point the bearing of these probabilities.

We have it now on Mr. Judge’s authority that “the whole matter of this so-called seal … has made me laugh whenever I have thought of it.” If so, it shows how much harmless mirth a trivial and apparently useless nick-nack may be the cause of. Throughout its history this Mahatma-signet seems to have had a magical effect on the risible muscles. We saw how Madame Blavatsky smiled at it as “a flapdoodle of Olcott’s”; Colonel Olcott himself has told us that he had it manufactured in the first instance as “a playful present,” and accompanied the gift with “a jocular remark”; and there is no doubt that he has enjoyed many a quiet chuckle since over the unwary use of it by his rival, who may yet prove to have sealed his own official death-warrant in sealing the Mahatma’s “missives.”

Well, since it is so provocative of pleasant emotions, let us look again into this matter of the Master’s seal. For, indeed, it is only since certain other things have been found out that Mr. Judge has discovered how little the question of the seal’s genuineness matters either way. It is all very well now for him to declare that internal evidence is the only test of Mahatmic origin: that in a message, for instance, like “Follow Judge and stick” (“Isis,” p. 48), it is the words themselves

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


text:
Author:Charles Graham Baker

Screenwriter

 * The Singing Fool (1928), with Joseph Ashurst Jackson

title: Author:Charles Graham Baker


text:
Author:Joseph Ashurst Jackson

Screenwriter

 * The Singing Fool (1928), with Charles Graham Baker

title: Author:Joseph Ashurst Jackson


text:
Page:The Pima Indians.pdf/200

] of such food. When a husband was so fortunate as to possess two blankets, his widow sometimes kept one of them. The name of the deceased was not mentioned thereafter, and all things possible were done to obliterate his memory from the minds of the survivors except that the rites of mourning were practised for some time.

The death of a pauper who had nothing to leave at the grave released a vexed soul to wander about until some one in charity placed an offering on the grave. Sometimes the paraphernalia of a medicine-man, when it was not handed down to a successor in the family, was concealed in an olla in the hills instead of being destroyed. More rarely these caches were made of the property of ordinary men. Figure 101 shows such a cache, which was found in a rugged granite hill about 4 miles south of Casa Blanca. The olla was covered with a bowl, and as neither was broken it was perfectly water-tight. Among the contents of the cache (pl. ) were a number of crystals and concretions, a neatly carved stone rattlesnake, three seashells for use in medicine, and a war club. The last was too large to be placed in the olla, and, being exposed outside, it was somewhat gnawed by rodents.

In mourning for near relatives the men cut their hair so that it does not fall below the middle of the back. The women cut theirs to the level of the ear lobes for husband, child, etc., and an aged widow cropped her hair close to the head "because she felt the worst." In all cases the cut hair was buried in the sand of the river bed; if it were burned it would cause headache and death. And yet when blankets were destroyed at the death of their owner they were burned.

Very few widows mourned for the full period of four years. During that time they were compelled to remain at home, to refrain from washing their hair, and to cry aloud the name of the deceased every morning at daybreak. They were allowed to bring their blankets up around under the armpits, but not over the shoulders, even in the coldest weather. When the chemise was adopted, as the blankets went out of use, it was customary to revert to the blankets during the period of mourning.

The Pimas are governed by a head chief and by a chief for each village. These men are assisted by village councils, which do not, the author believes, appoint any representatives to the tribal coun-

title: Page:The Pima Indians.pdf/200


text:
Author:Byron Conrad Haskin

Cinematographer

 * Don Juan (1926)
 * The Sea Beast (1926)
 * When a Man Loves (1927)
 * The Singing Fool (1928)

title: Author:Byron Conrad Haskin


text:
Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/147

Rh But that was not always Mr. Judge’s line. After all, somebody must have been at pains to see to the seal impression in those missives which Mr. Judge vouched for—to say nothing of such other external and material things as the texture of the paper, quite unlike any found elsewhere, and the handwriting and signature,” all of which used to be triumphantly cited as evidence by Mr. Judge’s satellites (the present quotation is from a pamphlet on “Mahatmas,” embellished with learned references to “Lord Bacon,” which is by Mr. Judge’s private secretary, and bears the imprimatur of Mr. Judge). Mr. Judge denies that it was he who called special attention to the seal impression as authenticating his first pioneer missive in 1891 (the “Note the Seal” missive, as I have called it). As he does not deny my statement that he excused himself to the others present for not showing the contents of the letter, perhaps he will explain what it was that he did call attention to, if not the seal and signature. But why labour the point, when there is the direct evidence afforded by one of his own seal-bearing letters—one which he has not denied—in which he wrote, “I believe the Master agrees with me, in which case I will ask him to put his seal here”—and “plump on the written word came the seal” (“Isis,” p. 44). In those days at any rate Mr. Judge was of those who “think these little decorations of importance,” as he now puts it.

“You trace it [the seal] to her [H.P.B.], and there you leave it,” Mr. Judge says; “and then you think I am obliged to prove I did not get it—to prove negatives.” But I traced it rather farther than to H.P.B, I traced the seal to Lansdowne-road in 1888 (Mr. B. Keightley’s evidence). I traced an impression of it on a letter from Mr. Judge at Lansdowne-road in 1888 (Colonel Olcott’s evidence). I showed that when Mr. Judge went back to America, the seal went too (telegram impression, New York, 1890; evidence of Mr. B. Keightley). I showed that thenceforward it appeared on missives produced by Mr. Judge, and on no others, again and again. I showed how, in the missives planted on Colonel Olcott, as if dubious how far the Colonel would carry on the complaisance of Madame Blavatsky, Mr. Judge’s complete letter-writer tried the seal on gradually; first, an illegible impression, and then a bold one; how, when the Colonel


text: Page:Literary Lapses - Leacock - 1919.djvu/10


text:
Page:Pigeons - their structure, varieties, habits, and management (IA b28107901).pdf/30

 with the useful art of creeping and skulking. In general, however, they are rather shy, and very seldom allow a person to advance openly within sixty or seventy yards. It is not uncommon to kill four or five at a shot; and on this subject I have heard many marvellous tales in the Hebrides; but as I intend to confine my relation to my own experience, I can only state that, during a snow-storm, when the pigeons had assembled in corn-yard remote from houses, I once killed twenty-three at three successive shots; that is, nine for the first, eight for the next, and six for the third. Two or three wounded made their escape to the racks in the immediate neighbourhood.

"The manners of the Rock Doves are similar to those of our domestic pigeons, which are evidently descended from individuals of this species. When searching for food, they walk about with great celerity, moving the head backwards and forwards at each step, the tail sloping towards the ground, and the tips of the wings tucked up over it. In windy weather they usually move in a direction more or less opposite to the blast, and keep their body nearer to the ground than when it is calm, the whole flock going together. When startled, they rise suddenly, and by striking the ground with their wings, produce a crackling noise. When at full speed they fly with great celerity, the air whistling against their pinions. Their flight is very similar to that of the Ringed and Golden Plovers, birds which in form approach very nearly to the pigeons, as may be seen more especially on comparing their skeletons. They usually alight abruptly when the place is open and clear, and, if very hungry, immediately commence their search; although on alighting they frequently stand and look around them for a few moments. On other occasions, however, they fly over the field in circles, descending gradually. When flying from the rocks to the places where they procure their food, and when returning in the evening, they do not mount high in the air; and when passing over an eminence they fly so low as almost to touch it. When the wind is very high, and their course is against it, they fly in the same manner, taking advantage of the shelter. It used to afford me much pleasure, and probably would be interesting to most people, to observe, from one of the wild headlands of Harris, the pigeons flying swiftly and silently towards their homes, along the cliffs, while every now and then a string of cormorants, gannets, or guillemots would come up, and a straggling flock of gulls pursue their route in a desultory manner,

"The notes of the Rock Dove resemble the syllables coo-roo-coo quickly repeated, the last prolonged. Its nuptials are celebrated with much cooing and circumambulation on the part of the male. A love-scene among the rocks is really an interesting sight. Concealed in a crevice or behind a projecting cliff, you see a pigeon alight beside you, and stand quietly for some time, when the whistling of pinions is heard, and the male bird shoots past like an arrow, and is already beside his mate. Scarcely has he made rapid survey of the place, when, directing his attention to the only beautiful object which he sees, he approaches her, erecting his head, swelling out his breast by inflating his crop, and spreading


text: Page:Literary Lapses - Leacock - 1919.djvu/261


text: Page:Literary Lapses - Leacock - 1919.djvu/262


text: Page:Literary Lapses - Leacock - 1919.djvu/263


text: Page:Literary Lapses - Leacock - 1919.djvu/264


text:
Author:Ralph Dawson

Editor

 * The Singing Fool (1928), with Harold McCord

title: Author:Ralph Dawson


text:
Author:Harold McCord

Editor

 * The Singing Fool (1928), with Ralph Dawson
 * Noah's Ark (1928)

title: Author:Harold McCord


text:
Page:The Pima Indians.pdf/201

196 cils. The office of head chief is not hereditary, though the present incumbent succeeded his father. He is elected by the village chiefs.

The present head chief is Antonio Azul (pl., a), known among his people as Uva-aʼtûka, Spread Leg, from a peculiarity in his gait; also as Ma’vĭt Ka’wutam, Puma Shield, and by other names less elegant. The calendar records are silent upon this, and as to the date of his accession, reference to it in contemporary literature has been seen. He became chief before 1864, as Poston mentions in his report as special commissioner in that year that Antonio had just had his commission revoked for bad conduct.

Antonio's father had been the preceding head chief. He was known as Culo Azul, also as Ti’ahiatam, Urine. His predecessor was Rsân’talĭ Viʼakam, who was killed by Apaches before Kâmâl tkâk, who is probably 75 years old, was born. His predecessor was named O’sĭvf, Joseph. No recollection of any earlier chief remains. In the Rudo Ensayo Tavanimó is named as the chief about the year 1757, and it is possible that he was the predecessor of O’sĭvf.

The decrees of the councils are announced from a house top by the village crier, who is selected because of possessing the loudest and clearest voice. There are sometimes two of these officials in a village.

In each village there was also a "ceremony talker," or master of ceremonies, whose duty it was to arrange and control the details of the festivals and general ceremonies not especially provided for by the religious fraternities.

At the command of each council was a messenger who might be sent to summon those required by that body.

Any man of acknowledged courage might, with the approval of his fraternity (the information obtained at this point was somewhat vague—perhaps "neighbors" or "the community" is the better term), organize a war party. He was then called Tcnyĭm or Tcʼyĭnyĭm, Smoker, or War Speaker. His name and authority ended upon returning from the campaign.

It is important to note that the tribe acted as a unit against the Apaches. With their compact territory and well-developed agriculture they might well have easily developed yet further their division of labor and established a warrior class. Then, with their increasing numbers under the stimulus of material well-being, they might have easily extended their power. No neighboring tribes except the Apaches and Papagos surpassed them in numbers; the former were without resources, the latter were related and friendly. The advantages of confederation had been learned from more than half a century's experience with the Maricopas, a tribe of alien speech and blood.

title: Page:The Pima Indians.pdf/201


text:
Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/148

140 threatened to “peach,” the latter pièce à conviction was suddenly and stealthily removed from the spot where Mr. Judge had taught the Colonel to find it; how, after that, legible impressions were reserved for others, and the Colonel only got illegible ones; how, finally (this was after the Colonel had threatened to reproduce any he saw anywhere, together with the whole story of the seal, in the Theosophist), seal-impressions ceased altogether; and how Mr. Judge erased such as he could get hold of, and began quibbling and equivocating about the seal as he is doing up to the present moment.

These facts, again, I leave to tell their own story; in face of which it matters little how many “stories” Mr. Judge may tell.

Mr. Judge’s particular version of the old Theosophistry about the small part played by Mahatmas and their missives in the society is conveniently adjacent in this Reply to statements of his own in the exactly opposite sense. While in one breath he denies “influencing the course of affairs by any such thing,” a few lines lower down he tells us how he got a message directing him to prevent the president’s resignation, “and at once cabled to him and went to work to have the American section vote”; and, again, how he stopped Mrs. Besant going to India, “under direction”; and, again, how authoritative messages are going round “even as I write,” “and in relation to this very affair.” Compare these, too:—


text:
Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/149

Rh

Mr. Judge pretends that I have said that his motive is mere pecuniary gain. I have throughout treated the vice-president as a spiritual Jabez, not a financial one; and I wish him joy of the distinction. But since he has raised the question at such length, I will examine it a moment. Mr. Judge says: “No salaries are paid to our officers. We support ourselves, or privately support each other.” As he has elsewhere explained that he, for one, gives his whole time to the society, it will be seen that the Theosophical officials supply a parallel to those famous Scilly Islanders who “eked out a precarious existence by taking in each others’ washing.” The statement about the salaries is directly contradicted, on turning to the 1894 Convention Report, by an extra vote of £150 for the officials at Avenue-road. But I am well aware that the ready money of the T.S. is drawn far more from a few individuals with means and from special funds than from the small annual subscription, and I have said already that the “free board and lodging” amid the temple groves at Adyar, Avenue-road, and New York is more than their small salary to those of “the smaller fry” to whom such things are a consideration. As for Mr. Judge, he does not deny that it is he to whom the Path, and the press and publishing business connected with it, now belong; but he makes the curious statement that the proceeds, whatever they may be, come out of the pockets, not of “members, but largely of others.” In other words, it is not Theosophists, but the outside public, who support the official organ of Theosophy! Can it be that the Path is widely taken in as a comic paper?


text:
Page:Pigeons - their structure, varieties, habits, and management (IA b28107901).pdf/31

 his tail, at the same time uttering the well-kwown coo-roo-coo, the soft and somewhat mournful sounds of which echo among the cliffs. The female, shy and timorous, sits close to the rock, shifting her position a little as the male advances, and sometimes stretching out her neck, as if to repel him by blows. The male continues his strutting and cooing, until the female, inadvertently commg upon the edge of the shelf, flies off to the dark recesses of the neighbouring cave, where she has scarcely alighted when her lover is again by her side.

"Matters go on in this manner, and in the meantime a nest is gradually formed, which consists of withered stalks and blades of grass or other plants, not very neatly arranged, but disposed so as to answer the intended purpose. Two beautiful white eggs, of an elliptical form, one an inch and four-twelfths in length, an inch and one-twellth in breadth, the other a little shorter, are then deposited, and in due time the young make their appearance. In about three weeks the young come abroad, and after being fed and instructed by their parents for some days, are left to shift for themselves.

"The old birds soon repair their nest, and rear another brood. I cannot speak with certainty as to the precise number of broods raised in the course of a season, but I know that there are at least two. The first eggs are laid about the middle of April, and the latest young are seen about the end of September. It appears to me probable, from circumstances which have come under my observation, that the same nest is used for different broods; and it is commonly believed, and not improbable, that these birds pair for life. The young are fed by their parents, who, applying their open mouth to that of the nestling, the mandibles of which enter the pharynx, force up the food from their crop, so as to be within reach of the bill of the young, which all the while flaps its wings, and utters a low cheeping note, indicative of its eagerness to have its wants supplied.

"There can be no reasonable doubt that the Rock Dove is the original of our domestic pigeons, in fact the true Stock Dove, although that name has been given to another species. Individuals of the domesticated race which cannot be distinguished from those of the wild, are of common occurrence; and, however highly varieties may be prized, the blue, white-backed race is certainly the most beautiful. I have seen in the Hebrides a few house-pigeans which had deserted and lived among the wild doves. In various places along the cast coast of Scotland, as at the Cove, near Aberdeen, at Dunottar Castle, near Stonehaven, and the Bass Rock, in the Firth of Forth, I have observed wild pigeons among the rocks. Some of them presented the pure unvarying tints of the Rock Dove, while others were of different shades of blue or purple. These were in all probability domestic pigeons that had run wild, and their descendants. The best places for studying the habits of the species, or for procuring specimens, are the islands of Lewis, Harris, Uist, Barray, Skye, the northern coasts of Scotland, the Shetland and Orkney Islands.

"The boys in the Outer Hebrides often attempt to rear young doves, but their cares are seldom continued long enough. They introduce the food, dry barley


text:
Page:The Pima Indians.pdf/202

]

Descent is traced in the male line and there are five groups that may be called gentes, though they exert no influence upon marriage laws nor do they manifest any evidences of organization so far as ascertained. The names of these groups have lost all meaning. They are called Â’kol, A’pap, A’pŭkĭ, Ma’-am, and Va’-af.

The first three are known as the Vulture or Red People, the last two as the Coyote or White People. However, they are spoken of as the Sûwû’kĭ O’himal and Sto’am O’himal, or Red Ants and White Ants. In the Pima creation myth presented in full in this memoir reference is made to black ants, tcotcĭk tâtâny, and to the termite, hiapĭtc, but no connection is supposed to exist between them and the o’himal.

The Red People are said to have been in possession of the country when Elder Brother brought the White People from the nether world and conquered them as described on page 226. There were more than two gentes of the White People, but Coyote laughed too soon at them and the earth closed before the others got through. The author suspects that this division signifies that the tribe was formed by the junction of two peoples, the only trace of the original groups being the names and the maintenance of the laws of vengeance.

The slaves taken by the Pimas were chiefly from the ranks of the Apaches or their allies. Though war was waged for many years against the Yumas it was not of a character to enable them to capture many Yuma children. When captured, Apache children were not killed; they were soon forwarded to Tucson, Altar, or Guaymas and sold to the Spaniards or Mexicans, These captives were well treated, but their origin was never forgotten and the fear and suspicion of the tribe found expression at times in the decrees of the medicine-men that certain misfortunes were caused by the presence of the aliens. Somewhat rarely the girls were married into the tribe and an appreciable amount of foreign blood was introduced in this way which doubtless had its effect upon the vigor of the race.

It would be a more agreeable task to write of the morality of primitive Pimas than of that which developed as a result of contact with Spaniards and Americans. To the honesty and virtue of the tribe a

title: Page:The Pima Indians.pdf/202


text:
Page:Isis very much unveiled - being the story of the great Mahatma hoax (IA b24884273).pdf/150

142 Note the information conveyed, in this Reply and in Mr. Judge’s recent Circular, that both Mrs. Besant and Colonel Olcott also profess to get “messages from the Master.” “If you may get messages (he asks in effect) why not I missives?” Why, indeed?

Note the reproach about “abusing a woman who has long enough fought,” &c. This from the man who has just issued a circular ordering the deposition of the said woman for being possessed of a devil!

Note the threat, addressed to me and the Editor of, that Mr. Judge’s Master will get us “execrated for offences not yet exposed,” and that he has already let Mr. Judge into “altogether too much of the secret hearts” of his Theosophical colleagues. This is an old line which Madame Blavatsky used to find very effective with weak-minded disciples.

Note the claim to prophetic “foreknowledge,” based on the fact that Mr. Judge said, long before the July “Enquiry,” that it would come to nothing. It must be granted that this does imply a complete prescience on the part of Mr. Judge—of the tactics which Mr. Judge in due course adopted.

Note, lastly, Mr. Judge’s plain avowal that he declines to face any inquiry of any sort or kind. He declines the Law Courts, which, I frankly agree, are no possible tribunal for him. He declines the Judicial Committee of the T.S., because he, the vice-president, is a private member. He declined a Theosophical Jury of Honour in July, which would have tried him as a private member, because they, too, were not occult enough for him. And he avows that he will decline everything and anything else, because the “proof” of the New York Mahatma “begins and ends with myself.” Need I add a word more?


text:
Page:Literary Lapses - Leacock - 1919.djvu/13

I go into a bank I get rattled. The clerks rattle me; the wickets rattle me; the sight of the money rattles me; everything rattles me.

The moment I cross the threshold of a bank and attempt to transact business there, I become an irresponsible idiot.

I knew this beforehand, but my salary had been raised to fifty dollars a month and I felt that the bank was the only place for it.

So I shambled in and looked timidly round at the clerks. I had an idea that a person about to open an account must needs consult the manager.

I went up to a wicket marked “Accountant.” The accountant was a tall, cool devil. The very sight of him rattled me. My voice was sepulchral.

“Can I see the manager?” I said, and


text:
Page:Literary Lapses - Leacock - 1919.djvu/14

  added solemnly, "alone." I don't know why I said "alone."

"Certainly," said the accountant, and fetched him.

The manager was a grave, calm man. I held my fifty-six dollars clutched in a crumpled ball in my pocket.

"Are you the manager?" I said. God knows I didn't doubt it.

"Yes," he said.

"Can I see you," I asked, "alone?" I didn't want to say "alone" again, but without it the thing seemed self-evident.

The manager looked at me in some alarm. He felt that I had an awful secret to reveal.

"Come in here," he said, and led the way to a private room. He turned the key in the lock.

"We are safe from interruption here," he said; "sit down."

We both sat down and looked at each other. I found no voice to speak.

"You are one of Pinkerton's men, I presume," he said.

He had gathered from my mysterious manner that I was a detective. I knew what he was thinking, and it made me worse.


text:
Page:Literary Lapses - Leacock - 1919.djvu/15

  “No, not from Pinkerton’s,” I said, seeming to imply that I came from a rival agency.

“To tell the truth,” I went on, as if I had been prompted to lie about it, “I am not a detective at all. I have come to open an account. I intend to keep all my money in this bank.”

The manager looked relieved but still serious; he concluded now that I was a son of Baron Rothschild or a young Gould.

“A large account, I suppose,” he said.

“Fairly large,” I whispered. “I propose to deposit fifty-six dollars now and fifty dollars a month regularly.”

The manager got up and opened the door. He called to the accountant.

“Mr. Montgomery,” he said unkindly loud, “this gentleman is opening an account, he will deposit fifty-six dollars. Good morning.”

I rose.

A big iron door stood open at the side of the room.

“Good morning,” I said, and stepped into the safe.

“Come out,” said the manager coldly, and showed me the other way.

I went up to the accountant’s wicket and


text:
Page:Literary Lapses - Leacock - 1919.djvu/16

  poked the ball of money at him with a quick convulsive movement as if I were doing a conjuring trick.

My face was ghastly pale.

“Here,” I said, “deposit it.” The tone of the words seemed to mean, “Let us do this painful thing while the fit is on us.”

He took the money and gave it to another clerk.

He made me write the sum on a slip and sign my name in a book. I no longer knew what I was doing. The bank swam before my eyes.

“Is it deposited?” I asked in a hollow, vibrating voice.

“It is,” said the accountant.

“Then I want to draw a cheque.”

My idea was to draw out six dollars of it for present use. Someone gave me a chequebook through a wicket and someone else began telling me how to write it out. The people in the bank had the impression that I was an invalid millionaire. I wrote something on the cheque and thrust it in at the clerk. He looked at it.

“What! are you drawing it all out again?” he asked in surprise. Then I realized that I


text:
Page:Literary Lapses - Leacock - 1919.djvu/17

  had written fifty-six instead of six. I was too far gone to reason now. I had a feeling that it was impossible to explain the thing. All the clerks had stopped writing to look at me.

Reckless with misery, I made a plunge.

“Yes, the whole thing.”

“You withdraw your money from the bank?”

“Every cent of it.”

“Are you not going to deposit any more?” said the clerk, astonished.

“Never.”

An idiot hope struck me that they might think something had insulted me while I was writing the cheque and that I had changed my mind. I made a wretched attempt to look like a man with a fearfully quick temper.

The clerk prepared to pay the money.

“How will you have it?” he said.

“What?”

“How will you have it?”

“Oh”—I caught his meaning and answered without even trying to think—“in fifties.”

He gave me a fifty-dollar bill.

“And the six?” he asked dryly.

“In sixes,” I said.

He gave it me and I rushed out.


text:
Page:Literary Lapses - Leacock - 1919.djvu/18

  As the big door swung behind me I caught the echo of a roar of laughter that went up to the ceiling of the bank. Since then I bank no more. I keep my money in cash in my trousers pocket and my savings in silver dollars in a sock.


text:
Barrentine v. Arkansas-Best Freight System, Inc./Opinion of the Court

delivered the opinion of the Court.

The issue in this case is whether an employee may bring an action in federal district court, alleging a violation of [p730] the minimum wage provisions of the Fair Labor Standards Act, 52 Stat. 1060, as amended, 29 U.S.C. § 201 et seq., after having unsuccessfully submitted a wage claim based on the same underlying facts to a joint grievance committee pursuant to the provisions of his union's collective-bargaining agreement.

I
Petitioner truckdrivers are employed at the Little Rock terminal of respondent Arkansas-Best Freight Systems, Inc., an interstate motor carrier of freight. In accordance with federal regulations and Arkansas-Best's employment practices, petitioners are required to conduct a safety inspection of their trucks before commencing any trip, and to transport any truck failing such inspection to Arkansas-Best's on-premises repair facility. See 49 CFR §§ 392.7, 392.8 (1980). Petitioners are not compensated by their employer for the time spent complying with these requirements.

Pursuant to the collective-bargaining agreement between Arkansas-Best and petitioners' union, respondent Local 878 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, petitioner Barrentine and another driver filed a series of grievances against Arkansas-Best. They alleged that Art. 50 of the collective-bargaining agreement, which requires Arkansas-Best to compensate [p731] its drivers "for all time spent in [its] service," entitled them to compensation for the pre-trip inspection and transportation time. Petitioners' union presented these grievances to a joint grievance committee for final and binding decision pursuant to Art. 44 of the collective-bargaining agreement. The joint committee, composed of three representatives of the union and three representatives of the employer, rejected the grievances without explanation. App. 22.

In March 1977, petitioners filed this action in the United States District Court for the Eastern District of Arkansas. [p732] In the first count of their complaint, petitioners alleged that the pretrip safety inspection and transportation time was compensable under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., Petitioners principally relied upon § 6(a) of the FLSA, 52 Stat. 1062, as amended, 29 U.S.C. § 206(a), which provides: "Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, wages at the following rates: " Alternatively, they relied upon § 4 of the Portal-to-Portal Act of 1947 amendments to the FLSA, 61 Stat. 86, 29 U.S.C. § 254, which provides: "(a) Except as provided in subsection (b) of this section, no employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended, on account of the failure of such employer to pay an employee minimum wages,  for or on account of any of the following activities "(1) walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform, and "(2) activities which are preliminary to or postliminary to said principal activity or activities, which occur prior to the time on any particular workday at which such employee commences  such principal activity or activities. "(b) Notwithstanding the provisions of subsection (a) of this section which relieve an employer from liability and punishment with respect to an activity, the employer shall not be so relieved if such activity is compensable by either— "(1) an express provision of a written or nonwritten contract in effect, [p733] at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer; or "(2) a custom or practice in effect, at the time of such activity, at the establishment or other place where such employee is employed, covering such activity, not inconsistent with a written or nonwritten contract, in effect at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer." See App. 3–7. and that they were accordingly entitled to the [p733] statutory remedy of actual and liquidated damages, costs, and reasonable attorney's fees. In the second count, petitioners alleged that the union and its president had breached the union's duty of fair representation, apparently by entering into a "side deal" with Arkansas-Best regarding compensation of the pretrip inspection and transportation time. With respect to this claim, petitioners sought to have the decision of the joint grievance committee set aside and to have proper compensation awarded under the collective-bargaining agreement.

The District Court addressed only the fair representation claim. While it conceded that "the evidence seems rather to predominate in favor of the finding that there was a side agreement" as petitioners alleged, it found that the existence of such an agreement did not in itself give rise to a breach of the union's duty of fair representation, because the labor laws permit "parties by their own actions  [to] fill in the gaps that always arise with a written instrument when you apply that instrument to a multiplicity of situations and practices." App. to Pet. for Cert. 8a, 9a. This ruling [p734] was affirmed by a unanimous panel of the Court of Appeals for the Eighth Circuit, 615 F.2d 1194, 1202 (1980), and is not challenged here.

With one judge dissenting, the Court of Appeals also held that the District Court was correct in not addressing the merits of petitioners' FLSA claim. Emphasizing that national labor policy encourages arbitration of labor disputes, the court stated that "wage disputes arising under the FLSA may be the subject of binding arbitration where the collective bargaining agreement so provides  at least in situations in which employees knowingly and voluntarily submit their grievances to arbitration under the terms of the agreement." Id., at 1199. Finding that petitioners had voluntarily submitted their grievances to arbitration, the court concluded that they were barred from asserting their statutory wage claim in the subsequently filed federal-court action. Id., at 1199–1200. We granted certiorari, 449 U.S. 819 (1980), and reverse.

II
Two aspects of national labor policy are in tension in this case. The first, reflected in statutes governing relationships between employers and unions, encourages the negotiation of terms and conditions of employment through the collective-bargaining process. The second, reflected in statutes governing relationships between employers and their individual employees, guarantees covered employees specific substantive rights. A tension arises between these policies when [p735] the parties to a collective-bargaining agreement make an employee's entitlement to substantive statutory rights subject to contractual dispute-resolution procedures.

The national policy favoring collective bargaining and industrial self-government was first expressed in the National Labor Relations Act of 1935, 29 U.S.C. § 151 et seq. (the Wagner Act). It received further expression and definition in the Labor Management Relations Act, 1947, 29 U.S.C. § 141 et seq. (the Taft-Hartley Act). Predicated on the assumption that individual workers have little, if any, bargaining power, and that "by pooling their economic strength and acting through a labor organization freely chosen by the majority, the employees of an appropriate unit have the most effective means of bargaining for improvements in wages, hours, and working conditions," ''NLRB v. Allis-Chalmers Mfg. Co.'', 388 U.S. 175, 180 (1967), these statutes reflect Congress' determination that to improve the economic well-being of workers, and thus to promote industrial peace, the interests of some employees in a bargaining unit may have to be subordinated to the collective interests of a majority of their co-workers. See Vaca v. Sipes, 386 U.S. 171, 182 (1967); 29 U.S.C. § 159(a). The rights established through this system of majority rule are thus

"protected not for their own sake but an an instrument of the national labor policy of minimizing industrial strife 'by encouraging the practice and procedure of collective bargaining.' 29 U.S.C. § 151." Emporium Capwell Co. v. Western Addition Community Org., 420 U.S. 50, 62 (1975).

To further this policy, Congress has declared that

"[f]inal adjustment by a method agreed upon by the parties is declared to be the desirable method for settlement of grievance disputes arising over the application or interpretation of an existing collective-bargaining agreement." 29 U.S.C. § 173(d).

[p736] Thus, courts ordinarily defer to collectively bargained-dispute resolution procedures when the parties' dispute arises out of the collective-bargaining process. See, e.g., Hines v. Anchor Motor Freight, Inc., 424 U.S. 554, 562–563 (1976); Gateway Coal Co. v. Mine Workers, 414 U.S. 368, 377–380 (1974); Republic Steel Corp. v. Maddox, 379 U.S. 650, 652–653 (1965); Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 596 (1960); Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 577–578, 582–583 (1960); Steelworkers v. American Manufacturing Co., 363 U.S. 564, 566, 568 (1960); Textile Workers v. Lincoln Mills, 353 U.S. 448, 458–459 (1957).

Respondents contend that the aspect of national labor policy encouraging collective bargaining and industrial self-government requires affirmance of the Court of Appeals. They note that the collective-bargaining agreement between Arkansas-Best and petitioners' union requires that "any controversy" between the parties to the agreement be resolved through the binding contractual grievance procedures. See n. 5, supra. They further note that Local 878 processed petitioners' grievances in accordance with those procedures, and that the District Court made an unchallenged finding that the union did not breach its duty of fair representation in doing so. Accordingly, they conclude that petitioners should be barred from bringing the statutory component of their wage claim in federal court.

[p737] We reject this argument. Not all disputes between an employee and his employer are suited for binding resolution in accordance with the procedures established by collective bargaining. While courts should defer to an arbitral decision where the employee's claim is based on rights arising out of the collective-bargaining agreement, different considerations apply where the employee's claim is based on rights arising out of a statute designed to provide minimum substantive guarantees to individual workers.

These considerations were the basis for our decision in Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974). In that case, petitioner, a black employee, had been discharged by respondent employer, allegedly for producing too many defective parts. Claiming that his discharge was racially motivated, petitioner asked his union to pursue the grievance and arbitration procedure set forth in the collective-bargaining agreement. The union did so, relying on the nondiscrimination clause in the collective-bargaining agreement, but the arbitrator found that petitioner had been discharged for just cause. Petitioner then brought an action under Title VII of the Civil Rights Act of 1964 in Federal District Court based on the same facts that were before the arbitrator. The District Court granted summary judgment for the employer, holding that petitioner was bound by the prior adverse arbitral decision. The Court of Appeals affirmed.

This Court reversed, concluding that an employee's statutory right to a trial de novo under Title VII is not foreclosed by the prior submission of his discrimination claim to final arbitration under a collective-bargaining agreement. The Court found that in enacting Title VII, Congress had granted individual employees a nonwaivable, public law right to [p738] equal employment opportunities that was separate and distinct from the rights created through the "majoritarian processes" of collective bargaining. Id., at 51. Moreover, because Congress had granted aggrieved employees access to the courts, and because contractual grievance and arbitration procedures provided an inadequate forum for enforcement of Title VII rights, the Court concluded that Title VII claims should be resolved by the courts de novo.

Respondents would distinguish Gardner-Denver on the ground that because petitioners' FLSA claim is based on a dispute over wages and hours, subjects at the heart of the collective-bargaining process, their claim is particularly well suited to resolution through collectively bargained grievance and arbitration procedures. But this contention misperceives the nature of petitioners' FLSA claim. There are three components to petitioners' FLSA claim. First, they contend that the pre-trip inspection and transportation time is compensable under § 6 of the FLSA, 29 U.S.C. § 206, because it constitutes "principal" rather than "preliminary" activity under § 4 of the Portal-to-Portal Act amendments, 29 U.S.C. § 254. See Steiner v. Mitchell, 350 U.S. 247 (1956). Second, they contend that even if it is preliminary activity, it is compensable under § 4(b)(1) of the Portal-to-Portal Act amendments, 29 U.S.C. § 254(b)(1), because it constitutes "time spent in the service of the Employer" under Art. 50 of the collective-bargaining agreement. Third, they contend that even if it is preliminary activity, and even if it is not compensable under "an express provision of a written [collective bargaining agreement]," 29 U.S.C. § 254(b)(1), it is compensable under § 4(b)(2) of the Portal-to-Portal Act amendments, 29 U.S.C. § 254(b)(2), because there is "a custom or practice in effect" between Arkansas-Best and drivers in other terminals whereby those [p739] drivers are compensated for their pretrip inspection and transportation time. The threshold question in this action, then, is whether petitioners were engaged in "activities which are preliminary to [their] principal activity," 29 U.S.C. § 254(a)(2), when they conducted the pretrip safety inspections of their vehicles. Resolution of that question requires inquiry into whether the inspection and transportation procedures "are an integral and indispensable part of the principal activities for which [petitioners] are employed." Steiner v. Mitchell, supra, at 256 (changing clothes and showering are "principal" activities of employees working with dangerously caustic and toxic materials); see Mitchell v. King Packing Co., 350 U.S. 260, 263 (1956) (knife sharpening is "principal" activity of butchers in meatpacking plant); 29 CFR §§ 790.7, 790.8 (1980). For the reasons that follow, we conclude that this is a question of statutory construction that must be resolved by the courts.

[p739] The principal congressional purpose in enacting the Fair Labor Standards Act of 1938 was to protect all covered workers from substandard wages and oppressive working hours, "labor conditions [that are] detrimental to the maintenance of the minimum standard of living necessary for health, efficiency and general well-being of workers." 29 U.S.C. § 202(a). In contrast to the Labor Management Relations Act, which was designed to minimize industrial strife and to improve working conditions by encouraging employees to promote their interests collectively, the FLSA was designed to give specific minimum protections to individual workers and to ensure that each employee covered by the Act would receive [a] fair day's pay for a fair day's work and would be protected from "the evil of 'overwork' as well as 'underpay. Overnight Motor Transportation Co. v. Missel, 316 U.S. 572, 578 (1942), quoting 81 Cong. Rec. 4983 (1937) (message of President Roosevelt).

[p740] The statutory enforcement scheme grants individual employees broad access to the courts. Section 16(b) of the Act, 29 U.S.C. § 216(b), which contains the principal enforcement provisions, permits an aggrieved employee to bring his statutory wage and hour claim "in any Federal or State court of competent jurisdiction." No exhaustion requirement or other procedural barriers are set up, and no other forum for enforcement of statutory rights is referred to or created by the statute.

This Court's decisions interpreting the FLSA have frequently emphasized the nonwaivable nature of an individual employee's right to a minimum wage and to overtime pay under the Act. Thus, we have held that FLSA rights cannot be abridged by contract or otherwise waived because this would "nullify the purposes" of the statute and thwart the legislative policies it was designed to effectuate. Brooklyn Savings Bank v. O'Neil, 324 U.S. 697, 707 (1945); see D.A. Schulte, Inc. v. Gangi, 328 U.S. 108, 114–116 (1946); Walling v. Helmerich & Payne, Inc., 323 U.S. 37, 42 (1944); Overnight Motor Transportation Co. v. Missel, supra, at 577; see 29 CFR § 785.8 (1974). Moreover, we have held that congressionally granted FLSA rights take precedence over conflicting provisions in a collectively bargained compensation [p741] arrangement. See, e.g., Martino v. Michigan Window Cleaning Co., 327 U.S. 173, 177–178 (1946); Walling v. Harnischfeger Corp., 325 U.S. 427, 430–432 (1945); Jewell Ridge Coal Corp. v. Mine Workers, 325 U.S. 161, 166–167, 170 (1945). As we stated in Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123, 321 U.S. 590, 602–603 (1944) (footnote omitted):

"The Fair Labor Standards Act was not designed to codify or perpetuate [industry] customs and contracts Congress intended, instead, to achieve a uniform national policy of guaranteeing compensation for all work or employment engaged in by employees covered by the Act. Any custom or contract falling short of that basic policy, like an agreement to pay less than the minimum wage requirements, cannot be utilized to deprive employees of their statutory rights." It is true that the FLSA, as amended, includes a number of references to collective-bargaining agreements. See Tennessee Coal, Iron & R. Co. v. Muscode Local No. 123, 321 U.S., at 602, n. 18. Sections 7(b)(1) and (2) of the FLSA, 29 U.S.C. §§ 207(b)(1) and (2), state that an employer need not pay overtime under the Act for an employee's performance of work in excess of the statutory maximum, if the employee is employed "in pursuance of an agreement [containing alternative maximum hours provisions] made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board." Section 3(o) of the Portal-to-Portal Act amendments, 29 U.S.C. § 203(o), excludes from the definition of "hours worked" under §§ 6 and 7 of the FLSA, "any time spent in changing clothes or washing at the beginning or end of each workday" if that time was noncompensable "under a bona fide collective-bargaining agreement." And § 4(a)(2) of that Act, 29 U.S.C. § 254(a)(2), which excludes from compensable [p742] time "preliminary" or "postliminary" working activities, requires compensation under the minimum wage provisions if a collective-bargaining agreement in effect between the employer and the employee's union makes that time compensable. See also 29 U.S.C. § 207(e)(7), (f). Where plaintiff's claim depends upon application of one of these exceptions, we assume without deciding that a court should defer to a prior arbitral decision construing the relevant provisions of the collective-bargaining agreement. In this case, however, petitioners' threshold claim does not depend upon application of any of those exceptions. The contention that petitioners were engaged in compensable "principal" activity when conducting the pretrip safety inspections is a claim that arises wholly independently of the collective-bargaining agreement. Accordingly, deference to the prior arbitral decision in this case would be inappropriate. See n. 13, supra.

[p742] There are two reasons why an employee's right to a minimum wage and overtime pay under the FLSA might be lost if submission of his wage claim to arbitration precluded him from later bringing an FLSA suit in federal court. First, even if the employee's claim were meritorious, his union might, without breaching its duty of fair representation, reasonably and in good faith decide not to support the claim vigorously in arbitration. Wage and hour disputes that are subject to arbitration under a collective-bargaining agreement are invariably processed by unions rather than by individual employees. Since a union's objective is to maximize overall compensation of its members, not to ensure that each employee receives the best compensation deal available, cf. Gardner-Denver, 415 U.S., at 58, n. 19, a union balancing individual and collective interests might validly permit some employees' statutorily granted wage and hour benefits to be sacrificed if an alternative expenditure of resources would result in increased benefits for workers in the bargaining unit as a whole.

[p743] Second, even when the union has fairly and fully presented the employee's wage claim, the employee's statutory rights might still not be adequately protected. Because the "specialized competence of arbitrators pertains primarily to the law of the shop, not the law of the land," id., at 57; see Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S., at 581–582, many arbitrators may not be conversant with the public law considerations underlying the FLSA. FLSA claims typically involve complex mixed questions of fact and law—e.g., what constitutes the "regular rate," the "workweek," or "principal" rather than "preliminary or postliminary" activities. These statutory questions must be resolved in light of volumes of legislative history and over four decades of legal interpretation and administrative rulings. Although an arbitrator may be competent to resolve many preliminary factual questions, such as whether the employee "punched in" when he said he did, he may lack the competence to decide the ultimate legal issue whether an employee's right to a minimum wage or to overtime pay under the statute has been violated.

[p744] Moreover, even though a particular arbitrator may be competent to interpret and apply statutory law, he may not have the contractual authority to do so. An arbitrator's power is both derived from, and limited by, the collective-bargaining agreement. Gardner-Denver, 415 U.S., at 53. He "has no general authority to invoke public laws that conflict with the bargain between the parties." Ibid. His task is limited to construing the meaning of the collective-bargaining agreement so as to effectuate the collective intent of the parties. Accordingly,

"[i]f an arbitral decision is based 'solely upon the arbitrator's view of the requirements of enacted legislation,' rather than on an interpretation of the collective-bargaining agreement, the arbitrator has 'exceeded the scope of the submission,' and the award will not be enforced." Ibid., quoting Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S., at 597.

Because the arbitrator is required to effectuate the intent of the parties, rather than to enforce the statute, he may issue a ruling that is inimical to the public policies underlying the FLSA, thus depriving an employee of protected statutory rights.

Finally, not only are arbitral procedures less protective of individual statutory rights than are judicial procedures, see [p745] Gardner-Denver, supra, at 57–58, but arbitrators very often are powerless to grant the aggrieved employees as broad a range of relief. Under the FLSA, courts can award actual and liquidated damages, reasonable attorney's fees, and costs. 29 U.S.C. § 216(b). An arbitrator, by contrast, can award only that compensation authorized by the wage provision of the collective-bargaining agreement. He "is confined to interpretation and application of the collective bargaining agreement" and his "award is legitimate only so long as it draws its essence from the collective bargaining agreement." Steelworkers v. Enterprise Wheel & Car Corp., supra, at 597. It is most unlikely that he will be authorized to award liquidated damages, costs, or attorney's fees.

III
In sum, the FLSA rights petitioners seek to assert in this action are independent of the collective-bargaining process. They devolve on petitioners as individual workers, not as members of a collective organization. They are not waivable. Because Congress intended to give individual employees the right to bring their minimum-wage claims under the FLSA in court, and because these congressionally granted FLSA rights are best protected in a judicial rather than in an arbitral forum, we hold that petitioners' claim is not barred by the prior submission of their grievances to the contractual dispute-resolution procedures. As we stated in Gardner-Denver:

"In submitting his grievance to arbitration, an employee seeks to vindicate his contractual right under a collective-bargaining agreement. By contrast, in filing a lawsuit under [the statute], an employee asserts independent statutory rights accorded by Congress. The distinctly separate nature of these contractual and statutory rights is not vitiated merely because both were violated as a result of the same factual occurrence. And certainly no inconsistency results from permitting both [p746] rights to be enforced in their respectively appropriate forums." 415 U.S., at 49–50.

Reversed.


text:
Page:John Brown's body by Stephen Vincent Benét.djvu/22

 "Oh." "But he's a bad one, sir—a regular sullen one— He—eyes in the dark—like a cat's—enough to give you—" The mate was young. He shivered. "The creeps," he said.

"We've had that kind," said the skipper. His mouth was hard Then it relaxed. "Damn cheating Arabe!" he said, "I told them I'd take no more of their pennyweight kings, Worth pounds to look at, and then when you get them aboard Go crazy so they have to be knocked on the head Or else just eat up their hearts and die in a week Taking up room for nothing."

The mate hardly heard him, thinking of something else. "I'm afraid we'll lose some more of the women," he said. "Well, they're a scratch lot," said the skipper, "Any sickness?"

"Just the usual, sir." "But nothing like plague or—" "No sir." "The Lord is merciful," said the skipper. His voice was wholly sincere—an old ship's bell Hung in the steeple of a meeting-house With all New England and the sea's noise in it. "Well, you'd better take another look-see, Mr. Mate." The mate felt his lips go dry. "Aye aye, sir," he said, Wetting his lips with his tongue. As he left the cabin He heard the Bible being opened again.

Lantern in hand, he went down to the hold. Each time he went he had a trick of trying To shut the pores of his body against the stench By force of will, by thinking of salt and flowers, But it was always useless. He kept thinking: When I get home, when I get a bath and clean food, When I've gone swimming out beyond the Point In that cold green, so cold it must be pure Beyond the purity of a dissolved star, When I get my shore-clothes on, and one of those shirts


text:
Page:Manual of the New Zealand Flora.djvu/588

548 Flowers axillary and solitary, or racemose or subumbelled on a scapiform peduncle. Calyx 5-lobed or 5-partite. Corolla more or less oblique or curved; tube long or short; lobes 5, spreading, imbricate in the bud, one of the lateral ones on the outside. Stamens 4, didynamous, included; filaments short; anthers reniform, the cells diverging at the base, confluent at the tip. Ovary 2-celled; style filiform; stigma capitate; ovules numerous in each cell. Capsule 2-celled, turgid or sub-compressed, grooved on each side, loculicidally 2-valved, the placentas attached to the middle of the valves. Seeds numerous; testa loose, reticulate.

1. O. macrocarpa, Hook. f. Fl. Nov. Zel. i. 198.—Stems stout, erect from a short thick creeping rhizome, 9–24 in. high, purplish below, glabrous or with faint hairy lines recurrent from the bases of the bracts. Radical leaves numerous, on stout petioles 2–6 in. long; blade 1–5 in., ovate-oblong to broadly oblong or orbicular, obtuse or subacute, cuneate at the base or narrowed into the petiole, crenate, dark-green above, paler beneath, very thick and coriaceous, quite glabrous except the margins towards the base, which are ciliate. Flowering-stem very stout. Cauline leaves 1 or 2 pairs, ovate or oblong, almost connate at the base, sessile. Inflorescence of 4–8 superposed whorls of pedicelled flowers. Bracts 3–6 in a whorl, oblong or oblong-lanceolate, coriaceous,


text:
Page:Literary Lapses - Leacock - 1919.djvu/19

was finished. Ruin had come. Lord Oxhead sat gazing fixedly at the library fire. Without, the wind soughed (or sogged) around the turrets of Oxhead Towers, the seat of the Oxhead family. But the old earl heeded not the sogging of the wind around his seat. He was too absorbed.

Before him lay a pile of blue papers with printed headings. From time to time he turned them over in his hands and replaced them on the table with a groan. To the earl they meant ruin—absolute, irretrievable ruin, and with it the loss of his stately home that had been the pride of the Oxheads for generations. More than that—the world would now know the awful secret of his life.

The earl bowed his head in the bitterness of his sorrow, for he came of a proud stock. About him hung the portraits of his ancestors. Here on the right an Oxhead who had broken his lance at Crécy, or immediately before it.


text:
Page:Literary Lapses - Leacock - 1919.djvu/20

  There McWhinnie Oxhead who had ridden madly from the stricken field of Flodden to bring to the affrighted burghers of Edinburgh all the tidings that he had been able to gather in passing the battlefield. Next him hung the dark half Spanish face of Sir Amyas Oxhead of Elizabethan days whose pinnace was the first to dash to Plymouth with the news that the English fleet, as nearly as could be judged from a reasonable distance, seemed about to grapple with the Spanish Armada. Below this, the two Cavalier brothers, Giles and Everard Oxhead, who had sat in the oak with Charles II. Then to the right again the portrait of Sir Ponsonby Oxhead who had fought with Wellington in Spain, and been dismissed for it.

Immediately before the earl as he sat was the family escutcheon emblazoned above the mantelpiece. A child might read the simplicity of its proud significance—an ox rampant quartered in a field of gules with a pike dexter and a dog intermittent in a plain parallelogram right centre, with the motto, “Hic, haec, hoc, hujus, hujus, hujus.”


text:
Page:Literary Lapses - Leacock - 1919.djvu/21

  “Father!”—The girl’s voice rang clear through the half light of the wainscoted library. Gwendoline Oxhead had thrown herself about the earl’s neck. The girl was radiant with happiness. Gwendoline was a beautiful girl of thirty-three, typically English in the freshness of her girlish innocence. She wore one of those charming walking suits of brown holland so fashionable among the aristocracy of England, while a rough leather belt encircled her waist in a single sweep. She bore herself with that sweet simplicity which was her greatest charm. She was probably more simple than any girl of her age for miles around. Gwendoline was the pride of her father’s heart, for he saw reflected in her the qualities of his race.

“Father,” she said, a blush mantling her fair face, “I am so happy, oh so happy; Edwin has asked me to be his wife, and we have plighted our troth—at least if you consent. For I will never marry without my father’s warrant,” she added, raising her head proudly; “I am too much of an Oxhead for that.”

Then as she gazed into the old earl’s stricken face, the girl’s mood changed at once. “Father,” she cried, “father, are you ill?


text:
Page:Literary Lapses - Leacock - 1919.djvu/22

  What is it? Shall I ring?” As she spoke Gwendoline reached for the heavy bell-rope that hung beside the wall, but the earl, fearful that her frenzied efforts might actually make it ring, checked her hand. “I am, indeed, deeply troubled,” said Lord Oxhead, “but of that anon. Tell me first what is this news you bring. I hope, Gwendoline, that your choice has been worthy of an Oxhead, and that he to whom you have plighted your troth will be worthy to bear our motto with his own.” And, raising his eyes to the escutcheon before him, the earl murmured half unconsciously, “Hic, haec, hoc, hujus, hujus, hujus,” breathing perhaps a prayer as many of his ancestors had done before him that he might never forget it.

“Father,” continued Gwendoline, half timidly, “Edwin is an American.”

“You surprise me indeed,” answered Lord Oxhead; “and yet,” he continued, turning to his daughter with the courtly grace that marked the nobleman of the old school, “why should we not respect and admire the Americans? Surely there have been great names among them. Indeed, our ancestor Sir Amyas Oxhead was, I think, married to Pocahontas


text:
Page:Manual of the New Zealand Flora.djvu/589

Ourisia.] crenate. Flowers large, ¾–1 in. diam., white; pedicels 1–3 in. long. Calyx deeply 5-partite; segments ⅛ in. long, linear-oblong, obtuse, coriaceous, glabrous or the margins alone ciliate. Corolla-tube short and broad, villous within; lobes obovate, retuse. Capsule ⅓–½ in. long, ovoid-oblong.—''Handb. N.Z. Fl.'' 218. O. calycina, Col. in Trans. N.Z. Inst. xxi. (1889) 97.

2. O. macrophylla, ''Hook. Ic. Plant.'' t. 545, 546.—Erect from a short stout decumbent rhizome, 6–24 in. high, more or less pubescent or pilose with soft spreading hairs, rarely almost glabrous. Radical leaves variable in size and shape, on long petioles; petioles 1–6 in. long, stout or slender, sheathing at the base; blade 1–5 in., ovate or ovate-oblong to orbicular-oblong, obtuse, oblique and cordate or cuneate at the base, crenate, rather thin and membranous, sparsely pubescent or almost glabrous. Flowering-stem erect, rather stout or slender. Cauline leaves 1 or rarely 2 pairs, ovate, sessile. Inflorescence of 3–7 superposed whorls of pedicellate flowers, in small varieties sometimes reduced to a few-flowered terminal umbel. Bracts 3–8 in a whorl, linear-oblong or linear-obovate to linear, crenate. Flowers large, ½–¾ in. diam., white or white with purplish streaks; pedicels ½–2 in. long, slender, erect. Calyx deeply 5-partite; segments ¼ in. long, lanceolate or linear, glandular-hairy. Corolla-tube slightly curved, villous within; lobes obovate, retuse. Capsule ¼ in. long, ovoid-oblong, turgid, membranous.—''Hook. f. Fl. Nov. Zel. i. 197; Handb. N.Z. Fl.'' 218. O. robusta, Col. in Trans. N.Z. Inst. xvii. (1886) 246.

3. O. Colensoi, ''Hook. f. Handb. N.Z. Fl.'' 218.—Rhizome slender, creeping; stems erect, 2–9 in. high, pilose with soft spreading hairs. Leaves all radical, on slender petioles ½–1 in. long; blade about the same length, oblong or ovate-oblong, obtuse, subcordate or cuneate at the base, crenate, rather membranous, sparsely glandular-hairy on both surfaces or almost glabrous. Flowering-stem or scape 1–8-flowered; bracts in pairs or rarely in


text:
Page:Literary Lapses - Leacock - 1919.djvu/23

  at least if not actually married”—the earl hesitated a moment.

“At least they loved one another,” said Gwendoline simply.

“Precisely,” said the earl, with relief, “they loved one another, yes, exactly.” Then as if musing to himself, “Yes, there have been great Americans. Bolivar was an American. The two Washingtons—George and Booker—are both Americans. There have been others too, though for the moment I do not recall their names. But tell me, Gwendoline, this Edwin of yours—where is his family seat?”

“It is at Oshkosh, Wisconsin, father.”

“Ah! say you so?” rejoined the earl, with rising interest. “Oshkosh is, indeed, a grand old name. The Oshkosh are a Russian family. An Ivan Oshkosh came to England with Peter the Great and married my ancestress. Their descendant in the second degree once removed, Mixtup Oshkosh, fought at the burning of Moscow and later at the sack of Salamanca and the treaty of Adrianople. And Wisconsin too,” the old nobleman went on, his features kindling with animation, for he had a passion for heraldry, genealogy, chronology, and commercial geography; “the Wisconsins, or better,


text:
Barrentine v. Arkansas-Best Freight System, Inc./Dissent Burger

, with whom joins, dissenting.

The Court today moves—rather blithely, so it seems to me, and unnecessarily—in a direction counter to the needs and interests of workers and employers and contrary to the interests of the judicial system. It does so on the theory that this result advances congressional policy, but careful analysis reveals that Congress, if anything, has mandated the contrary. With funds appropriated by Congress, the Executive Branch, through the Department of Justice, and the Judicial Branch have undertaken studies and pilot programs to remove just such routine and relatively modest-sized claims as this from the courts. Today, the Court moves in precisely the opposite direction, ignoring the objectives of Congress, the agreement of the parties, and the common sense of the situation. It moves toward making federal courts small claims courts contrary to the constitutional concept of these courts as having special and limited jurisdiction.

I
I agree, of course, that the congressionally created right of individual workers to a minimum wage under § 6 of the Fair Labor Standards Act, 29 U.S.C. § 206, may not be waived through a collective-bargaining agreement between an employer and the workers' union or through a direct agreement between an individual worker and the employer. Brooklyn Savings Bank v. O'Neil, 324 U.S. 697, 707 (1945). I also agree that the Act creates a private cause of action to vindicate the right to a minimum wage. Fair Labor Standards Act § 16, 29 U.S.C. § 216. But it is a different—indeed, a totally different—proposition to say that employees and employers may not agree to a means of enforcing the employees' [p747] routine wage claims outside the costly, cumbersome judicial process of the federal courts and, specifically, that employees, acting through their union in an arm's-length negotiation with the employer, may not bind themselves—as the petitioners did here—to submit to final and binding arbitration "any controversy that might arise." App. 24, rather than resolve it through litigation in the federal courts. The existence of a right and the provision of a judicial forum do not necessarily make either nonwaivable; if that were so, all the holdings of this Court and countless decisions of federal and state courts that parties are bound by contracts to arbitrate are placed in doubt. "[T]he question of whether the statutory right may be waived depends upon the intention of Congress as manifested in the particular statute." Brooklyn Savings Bank v. O'Neil, supra, at 705.

Unfortunately, neither the parties nor the United States as amicus curiae can point to a clear answer to this question in the legislative history of the Fair Labor Standards Act. It is hornbook law, however, that there is a strong congressional policy favoring grievance procedures and arbitration as a method of resolving labor disputes. See Labor Management Relations Act, §§ 201(b), 203(d), 29 U.S.C. §§ 171(b), 173(d); Norris-LaGuardia Act, § 8, 29 U.S.C. § 108. This Court has acknowledged that policy in the past. See, e.g., Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 578, and n. 4 (1960); Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 596 (1960); Textile Workers v. Lincoln Mills, 353 U.S. 448, 458–459 (1957). The Court today pays lipservice to that congressional policy, ante, at 734–736, but then—paradoxically—ignores it.

The reasons for favoring arbitration are as wise as they are obvious: litigation is costly and time consuming, and, more to the point in this case, judges are less adapted to the nuances of the disputes that typically arise in shops and factories than shop stewards, business agents, managerial supervisors, and the traditional ad hoc panels of factfinders. See, e.g., [p748] Steelworkers v. Warrior & Gulf Navigation Co., supra, at 581–582. By bringing together persons actually involved in the workplace, often assisted by a neutral arbitrator experienced in such matters, disputes are resolved more swiftly and cheaply. This mechanism promotes industrial harmony and avoids strikes and conflicts; it provides a swift, fair, and inexpensive remedy.

The policy of favoring extrajudicial methods of resolving disputes is reflected in other areas as well. With federal courts flooded by litigation increasing in volume, in length, and in a variety of novel forms, the National Institute of Justice, under the leadership of Attorney General Griffin Bell, in 1979 launched a multimillion-dollar program of field studies to test whether mediation at a neighborhood level could resolve small disputes out of courts in a fashion satisfactory to the parties. Neighborhood Justice Centers Field Test: Final Evaluation Report 7–8 (1980). The results of this study—and other similar studies financed by private sources —confirmed what many had long suspected: small disputes may be resolved more swiftly and to the satisfaction of the parties without employing the cumbersome, time-consuming, and expensive processes of litigation. The National [p749] Institute of Justice recommended further study and implementation of similar procedures. Neighborhood Justice Centers Field Test, supra, at 108–109. Congress itself has recognized this problem and authorized such studies. Dispute Resolution Act, 94 Stat. 17.

II
By rejecting binding arbitration for resolution of this relatively simple wage claim arising under the Fair Labor Standards Act, the Court thereby rejects as well a policy Congress has followed for at least half a century throughout the field of labor relations and now being applied in other areas as well. To reach that strange result, the Court relies on our holding in Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974). But that case in no sense compels today's holding. The congressionally created right under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., was aimed at guaranteeing a workplace free from discrimination, racial and otherwise. That fundamental right is not and should not be subject to waiver by a collective-bargaining agreement negotiated by a union. But there obviously is a vast difference between resolving allegations of discrimination under the Civil Rights Act and settling a relatively typical and simple wage dispute such as we have here when the parties have expressly agreed to resolve such grievances by arbitration.

The long history of union discrimination against minorities [p750] and women, now happily receding, led Congress to forbid discrimination by unions as well as employers. See 42 U.S.C. § 2003e–2(c). Against a background of union discrimination, Congress was aware that, in the context of claims under the Civil Rights Act, unions sometimes had been the adversary of workers. Plainly, it would not comport with the congressional objectives behind a statute seeking to enforce civil rights protected by Title VII to allow the very forces that had practiced discrimination to contract away the right to enforce civil rights in the courts. For federal courts to defer to arbitral decisions reached by the same combination of forces that had long perpetuated invidious discrimination would have made the foxes guardians of the chickens. But this case is not a discrimination case.

Even beyond the historical fact of union discrimination, we observed in Gardner-Denver that arbitrators are not likely to have the needed experience to deal with the special issues arising under the Civil Rights Act, a statute "whose broad language frequently can be given meaning only by reference to public law concepts." 415 U.S., at 57. Leaving resolution of discrimination claims to persons unfamiliar with the congressional policies behind that statute could have undermined enforcement of fundamental rights Congress intended to protect. But the "tension" seen by the Court in Gardner-Denver, ante, at 734, is simply not present here.

A dispute over wages under the Fair Labor Standards Act arises in an entirely different historical and legal context. In that setting, the union and the employee are the traditional allies, united in enforcing wage claims of employees individually as well as collectively. The Court distorts the possibility that union leadership might fail to protect members' interests in a wage dispute. Ante, at 742. If this rare exception arose, protection of the employee is abundantly [p751] available by way of the cause of action for breach of the union's duty of fair representation. See Vaca v. Sipes, 386 U.S. 171 (1967).

Despite the Court's contrary view, ante, at 743–744, whether the time spent in the driver's inspection of a vehicle before taking to the road, as required by federal law, and in transportation of the vehicle to a repair facility when necessary constituted "compensable time" under "Federal Wage Laws," App. 21 (petitioner Barrentine's grievance), is a factual question well suited for disposition by grievance processes and arbitration. The following factors are relevant:

(a) the vehicle inspection was mandated, not by the employer, but by a federal regulation, 49 CFR § 392.7 (1980);

(b) the regulation places the responsibility to inspect the vehicle on the driver directly;

(c) the inspection is intended primarily for the benefit of the public;

(d) the petitioners' claim is one for wages; and

(e) the bargaining over wages, which produced a rate well above the statutory minimum wage, presumably took into account the time spent by drivers in complying with federal requirements.

This elementary wage dispute falls well within the scope of traditional arbitration as it exists under countless collective-bargaining agreements, which the Court now channels into the federal courts. For years the labor movement has developed panels of persons acceptable to both sides who are [p752] familiar with "the law of the shop  [and] the demands and norms of industrial relations." Alexander v. Gardner-Denver Co., supra, 415 U.S., at 57. The Court's generalizations about the powers of arbitrators, ante, at 744–745, are irrelevant; arbitrators have whatever power the parties confer upon them. Here, that power extends to "any controversy that might arise," App. 24 (emphasis added). Surely a wage claim is covered.

Allowing one party to such an elementary industrial dispute unilaterally to resort to the federal courts when an established, simplified, less costly procedure is available—and desired, as here, by the employer and the employee's union—can only increase costs and consume judicial time unnecessarily. It makes neither good sense nor sound law to read the broad language of Gardner-Denver—written in a civil rights discrimination case—to govern a routine wage dispute over a matter traditionally entrusted by the parties' arm's-length bargaining to binding arbitration.

III
The Court seems unaware that people's patience with the judicial process is wearing thin. Its holding runs counter to every study and every exhortation of the Judiciary, the Executive, and the Congress urging the establishment of reasonable mechanisms to keep matters of this kind out of the courts. See The Pound Conference: Perspectives on Justice in the Future passim (West Pub. Co. 1979); American Bar Assn., Report on the National Conference on Minor Disputes Resolution passim (1978). The Federal Government, as I noted earlier, has spent millions of dollars in pilot programs experimenting in extrajudicial procedures for simpler mechanisms to resolve disputes. Approving an extrajudicial resolution procedure "is not a question of first-class or second-class means. It is a matter of tailoring the means to the problem that is involved." Resolution of Minor Disputes, Joint Hearings before the Subcommittee on Courts, [p753] Civil Liberties, and the Administration of Justice. House Committee on the Judiciary, and Subcommittee on Consumer Protection and Finance, House Committee on Interstate and Foreign Commerce, 96th Cong., 1st Sess., 28 (1979) (testimony of Assistant Attorney General Meador). This Court ought not be oblivious to desperately needed changes to keep the federal courts from being inundated with disputes of a kind that can be handled more swiftly and more cheaply by other methods.


text:
Page:Literary Lapses - Leacock - 1919.djvu/24

  I think, the Guisconsins, are of old blood. A Guisconsin followed Henry I to Jerusalem and rescued my ancestor Hardup Oxhead from the Saracens. Another Guisconsin

“Nay, father,” said Gwendoline, gently interrupting, “Wisconsin is not Edwin’s own name: that is, I believe, the name of his estate. My lover’s name is Edwin Einstein.”

“Einstein,” repeated the earl dubiously—“an Indian name perhaps; yet the Indians are many of them of excellent family. An ancestor of mine

“Father,” said Gwendoline, again interrupting, “here is a portrait of Edwin. Judge for yourself if he be noble.” With this she placed in her father’s hand an American tin-type, tinted in pink and brown. The picture represented a typical specimen of American manhood of that Anglo-Semitic type so often seen in persons of mixed English and Jewish extraction. The figure was well over five feet two inches in height and broad in proportion. The graceful sloping shoulders harmonized with the slender and well-poised waist, and with a hand pliant and yet prehensile. The pallor of the features was relieved by a drooping black moustache.


text:
Page:Literary Lapses - Leacock - 1919.djvu/25

  Such was Edwin Einstein to whom Gwendoline’s heart, if not her hand, was already affianced. Their love had been so simple and yet so strange. It seemed to Gwendoline that it was but a thing of yesterday, and yet in reality they had met three weeks ago. Love had drawn them irresistibly together. To Edwin the fair English girl with her old name and wide estates possessed a charm that he scarcely dared confess to himself. He determined to woo her. To Gwendoline there was that in Edwin’s bearing, the rich jewels that he wore, the vast fortune that rumour ascribed to him, that appealed to something romantic and chivalrous in her nature. She loved to hear him speak of stocks and bonds, corners and margins, and his father’s colossal business. It all seemed so noble and so far above the sordid lives of the people about her. Edwin, too, loved to hear the girl talk of her father’s estates, of the diamond-hilted sword that the saladin had given, or had lent, to her ancestor hundreds of years ago. Her description of her father, the old earl, touched something romantic in Edwin’s generous heart. He was never tired of asking how old he was, was he robust, did a shock, a sudden shock, affect him


text:
Page:Manual of the New Zealand Flora.djvu/590

550 threes, linear-oblong, crenate. Flowers ½ in. diam., white; pedicels ¼–1 in. long. Calyx 5-partite; segments linear, glandularpubescent. Corolla-tube short, curved; lobes obovate, retuse. Capsule broadly oblong, turgid.

4. O. sessilifolia, ''Hook. f. Handb. N.Z. Fl.'' 218.—Rhizome stout or slender, creeping and rooting, branched, glandular-hairy above. Leaves all radical, spreading and appressed to the surface of the ground, 1–2 in. long, broadly ovate- or obovate-spathulate, obtuse, suddenly narrowed into broad short petioles, crenate, scarcely coriaceous, pale-green, upper surface and margins densely villous with glandular hairs, under-surface not so thickly clothed but rarely glabrate. Peduncle stout, 2–6 in. high, 2–8-flowered, most densely villous, as are the bracts, pedicels, and calyces. Bracts obovate or oblong, crenate; pedicels short, stout. Flowers large, ¾ in. diam., white shading into purple at the base. Calyx ⅓ in. long, 5-partite; segments linear-oblong, obtuse. Corolla-tube broad; lobes large, rounded, retuse at the tip. Capsule ovate-oblong, not seen quite ripe.

5. O. Cockayniana, Petrie in Trans. N.Z. Inst. xxix. (1897) 426.—Forming large matted patches. Stems 3–6 in. long or more, branched, rather stout, creeping and rooting, glabrous or nearly so. Leaves in close-set opposite pairs, spreading and recurved, ¾–1¼ in. long, ovate or ovate-spathulate, obtuse, suddenly narrowed into rather long sheathing petioles, crenate, bright-green above, often purplish below, coriaceous, glabrous or the margins of the petioles ciliate. Peduncles stout, erect, purplish, 3–6 in. high, 3–6-flowered, glabrous or nearly so. Bracts rather large, narrow obovate-spathulate, crenate, margins sometimes ciliate towards the base; pedicels slender, 1–1½ in. long. Flowers large, ¾–1 in. diam., white. Calyx ⅓ in. long, 5-partite; segments oblong, obtuse. Corolla-tube broad, rather longer than the calyx; lobes broadly oblong, retuse. Ripe capsules not seen.


text:
Page:Literary Lapses - Leacock - 1919.djvu/26

  much? and so on. Then had come the evening that Gwendoline loved to live over and over again in her mind when Edwin had asked her in his straightforward, manly way, whether—subject to certain written stipulations to be considered later—she would be his wife: and she, putting her hand confidingly in his hand, answered simply, that—subject to the consent of her father and pending always the necessary legal formalities and inquiries—she would.

It had all seemed like a dream: and now Edwin Einstein had come in person to ask her hand from the earl, her father. Indeed, he was at this moment in the outer hall testing the gold leaf in the picture-frames with his pen-knife while waiting for his affianced to break the fateful news to Lord Oxhead.

Gwendoline summoned her courage for a great effort. “Papa,” she said, “there is one other thing that it is fair to tell you. Edwin’s father is in business.”

The earl started from his seat in blank amazement. “In business!” he repeated, “the father of the suitor of the daughter of an Oxhead in business! My daughter the step-daughter of the grandfather of my grandson!


text:
Page:Literary Lapses - Leacock - 1919.djvu/27

  Are you mad, girl? It is too much, too much!”

“But, father,” pleaded the beautiful girl in anguish, “hear me. It is Edwin’s father—Sarcophagus Einstein, senior—not Edwin himself. Edwin does nothing. He has never earned a penny. He is quite unable to support himself. You have only to see him to believe it. Indeed, dear father, he is just like us. He is here now, in this house, waiting to see you. If it were not for his great wealth

“Girl,” said the earl sternly, “I care not for the man’s riches. How much has he?”

“Fifteen million two hundred and fifty thousand dollars,” answered Gwendoline. Lord Oxhead leaned his head against the mantelpiece. His mind was in a whirl. He was trying to calculate the yearly interest on fifteen and a quarter million dollars at four and a half per cent reduced to pounds, shillings, and pence. It was bootless. His brain, trained by long years of high living and plain thinking, had become too subtle, too refined an instrument for arithmetic


text:
Page:Et Cetera, a Collector's Scrap-Book (1924).djvu/34

 D. V. [writing]: Very well, you will realize the extent of my powers. You see, I have made it Mister.

Dorothy: Oh, Philip, you mustn’t go without me.

Philip: If I do it won’t be for long. Mr. Death will be looking for a new berth presently.

D. V. [triumphantly]: That’s where you’re mistaken. Furthermore, I have endorsed it “Gone; left no address.”

Philip: Well, and what of it?

D. V.: I will return the order so marked to the authorities, and your name will be crossed off the register. You have found life pleasant, haven’t you, Mr. Oldcastle? Well, you’ll have to make the best of it, for now—

Philip: Go on.

D. V.: You’re immortal!

Philip [rolling on his chair and dabbing his face with his handkerchief] Good Lord, what a child the man is. An innocent, sucking babe. And did I call him nasty names, did I? Oh!

D. V. [sullenly]: I don’t understand.

Philip: Of course you don’t! Why should you? The little child that lightly draws its breath

D. V.: If this is a madhouse


text:
Page:Literary Lapses - Leacock - 1919.djvu/28

  At this moment the door opened and Edwin Einstein stood before the earl. Gwendoline never forgot what happened. Through her life the picture of it haunted her—her lover upright at the door, his fine frank gaze fixed inquiringly on the diamond pin in her father’s necktie, and he, her father, raising from the mantelpiece a face of agonized amazement.

“You! You!” he gasped. For a moment he stood to his full height, swaying and groping in the air, then fell prostrate his full length upon the floor. The lovers rushed to his aid. Edwin tore open his neckcloth and plucked aside his diamond pin to give him air. But it was too late. Earl Oxhead had breathed his last. Life had fled. The earl was extinct. That is to say, he was dead.

The reason of his death was never known. Had the sight of Edwin killed him? It might have. The old family doctor, hurriedly summoned, declared his utter ignorance. This, too, was likely. Edwin himself could explain nothing. But it was observed that after the earl’s death and his marriage with Gwendoline he was a changed man; he dressed better, talked much better English.


text:
Page:Literary Lapses - Leacock - 1919.djvu/29

  The wedding itself was quiet, almost sad. At Gwendoline’s request there was no wedding breakfast, no bridesmaids, and no reception, while Edwin, respecting his bride’s bereavement, insisted that there should be no best man, no flowers, no presents, and no honeymoon.

Thus Lord Oxhead’s secret died with him. It was probably too complicated to be interesting anyway.


text:
Page:Manual of the New Zealand Flora.djvu/591

Ourisia.]

6. O. cæspitosa, Hook. f. Fl. Nov. Zel. i. 198.—Forming broad matted patches. Stems often much branched, 2–6 in. long or more, creeping and rooting, stout or rather slender, leafy, glabrous or sparingly pilose or tomentose; branches short, ascending. Leaves close-set, spreading and recurved, usually distichous, ⅙–⅓ in. long, obovate-spathulate, obtuse, narrowed into a short broad sheathing petiole or almost sessile, coriaceous or almost fleshy, bright-green, glabrous or the margins of the petioles ciliate, entire or more usually with 1–3 deep notches or crenatures. Peduncles strict, erect, 1–3 in. long, 1–5-flowered, glabrous, as are the bracts, pedicels, and calyces. Bracts 1 or 2 pairs, similar to the leaves; pedicels slender. Flowers ½–⅔ in. diam., white. Calyx ¼ in. long, 5-partite; segments oblong or linear-oblong, obtuse, often dilated at the tip. Corolla-tube broad, rather longer than the calyx; lobes broad, rounded. Capsule ⅕ in. long, ovate-oblong.—''Handb. N.Z. Fl.'' 219.

7. O. prorepens, Petrie in Trans. N.Z. Inst. xxv. (1893) 272.—Stems rather slender, branched, creeping and rooting, 2–4 in. long, glandular-hairy. Leaves close-set, spreading, distichous, ⅓–⅔ in. long, obovate, rounded at the tip, narrowed into a broad thin petiole at the base, crenate, densely glandular-pilose above, almost glabrate with the veins conspicuous beneath. Peduncles erect, 2–4 in. high, sparingly glandular-pubescent, 3–6-flowered. Bracts 1 or 2 pairs, similar to the leaves, nearly glabrous; pedicels slender. Flowers large, ¾ in. diam., white. Calyx about ¼ in. long, 5-partite; segments oblong, obtuse, sparingly glandular-pubescent. Corolla-tube longer than the calyx; lobes broad, rounded. Ripe capsules not seen.

Otago—Mount Bonpland, Petrie! Mount Kyeburn, H. J. Matthews! 4000–5000 ft.


text:
Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.

In 1969 hearing examiners for the Interstate Commerce Commission (ICC), following hearings in 1966 and 1967 and the subsequent filing of extensive briefs, rejected appellant motor carriers' applications for certificates of public convenience and necessity to transport general commodities between specified points in the Southwest and Southeast. In 1971 the ICC, over the opposition of appellee competing motor carriers, authorized the issuance of the certificates. Appellees then brought action in the District Court to set aside the ICC's order. The District Court refused to enforce the order on the ground that the ICC had acted arbitrarily in refusing to credit certain evidence introduced by appellees. Held:

1. The District Court erred in refusing to enforce the ICC's order. Pp. 284–294.

(a) Under the "arbitrary and capricious" standard the scope of review is a narrow one whereby a reviewing court must "consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment." Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416. P. 285–286.

(b) The ICC's observation that appellees' exhibits as to the acceptability of their existing service covered periods subsequent to the ICC's notice of hearing supported its refusal to credit this evidence. The ICC was entitled to regard such exhibits as nonrepresentative of the usual service, to reason that the shortcomings [p282] were greater than the exhibits showed, and to conclude that service would be improved by granting the applications. Pp. 286–289.

(c) There was a rational basis for the ICC's attributing little significance to appellees' exhibits showing appellants' transit times over other routes. The question was whether service on the routes at issue would be enhanced by new entry and, as to this, performance by prospective entrants on other routes was of limited relevance. The ICC erred in not attributing the same qualification to appellants' transit time exhibits, but its finding that service would be improved by new entry was supported by other evidence. Pp. 289–292.

(d) The ICC's conclusion that consumer benefits of new entry outweighed any adverse impact upon the existing carriers reflects the kind of judgment that is entrusted to it, namely, the power to weigh the competing interests and arrive at a balance that is deemed "the public convenience and necessity." Pp. 292–294.

2. The lapse of time between the conclusion of evidentiary hearings and the ultimate agency decision in this case does not justify a reviewing court's requiring that the record be reopened. Pp. 294–296.

3. The ICC was entitled to take an approach, divergent from that of its examiners, favoring added competition among carriers. Pp. 297–299.

4. Whether or not the certificate granted appellant Bowman Transportation Co. conformed to the authority set forth in its application, an issue not briefed or argued in this Court, should be considered by the District Court on remand. Pp. 299–300.

364 F. Supp. 1239, reversed and remanded.

, J., delivered the opinion for a unanimous Court.

Charles S. Rhyne argued the cause for appellants in Nos. 73-1055, 73-1069, 73-1070, and 73-1071. With him on the briefs were Bryce Rea, Jr., Donald E. Cross, Courts Oulahan, Robert L. Jones, Jr., Maurice F. Bishop, Sander W. Shapiro, and Jerry C. Prestridge. William L. Patton argued the cause for the United States et al. in No. 73-1072. With him on the brief were Solicitor General Bork, Assistant Attorney General Kauper, Carl D. Lawson, [p283] Fritz R. Kahn, Betty Jo Christian, and Richard H. Streeter.

Phineas Stevens argued the cause for appellees in all cases. With him on the brief were Drew L. Carraway, Phillip Robinson, M. Ward Bailey, Don A. Smith, Thomas Harper, Wentworth E. Griffin, Frank W. Taylor, Jr., William O. Turney, and J. William Cain, Jr.


text: Talk:Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.


text:
Page:Manual of the New Zealand Flora.djvu/592

552 A puzzling plant, agreeing in some of its characters with O. sessilifolia, O. glandulosa, and O. cæspitosa, but which cannot be satisfactorily placed with any of the three.

8. O. glandulosa, ''Hook. f. Handb. N.Z. Fl.'' 219.—Forming broad patches. Stems stout, branched, creeping and rooting, glabrous or nearly so, 2–6 in. long. Leaves close-set, imbricating, usually distichous, spreading or recurved, ¼–¾ in. long, obovate-spathulate, rounded at the tip, gradually narrowed into a short broad petiole or sessile, entire or obscurely crenate, thick and coriaceous, margins densely ciliate with long jointed hairs, upper surface glandular-pilose towards the tip, under-surface glabrous, veined. Peduncles stout, erect, 1–3 in. long, 1–6-flowered, thickly covered with spreading glandular hairs, as are the bracts, pedicels, and calyces. Bracts 1 to 3 pairs, similar to the leaves; pedicels slender. Flowers ½–¾ in. diam., white. Calyx ¼–⅓ in. long, 5-partite; segments oblong, obtuse. Corolla-tube short and broad; lobes obovate, rounded at the tip. Capsule nearly ⅓ in. long, ovoid, acute, equalling the calyx-segments.

Annual or perennial herbs, more or less parasitic. Leaves opposite, toothed or laciuiate or palmately 3–5-fid, on the flowering branches often insensibly passing into leafy bracts. Flowers in terminal spikes or racemes, or few towards the tips of the branches. Calyx tubular or campanulate, 4-lobed; lobes equal or connate in pairs. Corolla-tube narrow below, dilated above; limb 2-lipped; upper lip erect, concave, 2-lobed; lower lip 3-lobed. Stamens 4, didynamous, converging beneath the upper lip; anther-cells distinct, parallel, equally or unequally mucronate at the base. Style pilose; stigma capitate. Capsule oblong or oblong-orbicular, compressed, loculicidally dehiscent. Seeds usually numerous, pendulous, oblong, longitudinally grooved.


text: Category:United States Supreme Court decisions in Volume 419


text:
Page:Et Cetera, a Collector's Scrap-Book (1924).djvu/28

. Street and rent are both red, landlord seems to me to be salmon-pink. Can’t you remember any blue words, darling?

Dorothy [pitifully]: Are you very hungry, Philip?

Philip: So, so. I’m afraid it’s hurting you.

Dorothy: Not much. Only the waiting for something to happen

Philip: Rich or poor, we’re all waiting for something to happen, and probably if we only knew it’s happening now. Now, if some moonstruck editor would send me a cheque

Dorothy: I’m afraid editors have very thick heads.

Philip: I have sometimes thought that myself.

Dorothy: And the moon can’t get through to their brains.

Philip: Moon is a blue word, so a mysterious moon should be green. There’s something in that

Dorothy: If the landlord turns us out we shan’t be able to wait any longer.

Philip [writing]: Bearing splendid torches through a mysterious moon till our bitterness merged into eternity. A pillar-box near a green field at nightfall. I should like to see the damned critics appreciate the subtlety of that Two definite and distinct interpretations to one sentence.

Dorothy: If the landlord turns us into the street.