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Glorious emperor is the forest,

Countless peoples live and grow,

Flourish ’neath his gracious shelter,

All to him allegiance owe.

Moon and stars, the sun above them,

On his blue escutcheon are,

Harts and hinds, his courtiers, wander

In his kingdom wide and far.

Messengers, the hares swift-footed,

Bear the news; while nightingales

Form an orchestra most wondrous,

And the springs are telling tales.

Swarms of wand’ring bees alight there

On the flowers, in the glade;

Ants, great armies, their food gather

Near the pathways, in the shade.

Let’s go to the king, belovèd,

Let’s like children be, let’s dream,

So that love, and joy, our whole life,

As a game to us may seem.

And thus happy, blithely living,

Being now again a boy,

I should think that nature made thee

Just for me, the sweetest toy.

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 From the world we both will wander,

All alone and lost we’ll be,

We shall sleep beside the fountain

Springing ’neath the old lime-tree.

And the tree will shed its flowers

On us, far away now borne;

All alone, from distant sheepfolds,

Dreaming we shall hear the horn…

Nearer, always nearer sounding —

Nearer we’ll be arm in arm…

On the waters, in the bowers

Weaves the moon a magic charm.

Soon by horn the wise men’s council,

Called together by the king,

With his whole court’s great assembly,

Cornes around us gathering.

Foaming white the hippocampus,

Diademed the aurochs goes,

Stags with their majestic antlers,

And the nimble mountain roes.

Who we are, they all discuss it,

From the lime-tree ask it now;

And our host then, gently speaking,

With his branches makes a bow:

„See how happy they are dreaming,

In a fairy tale they seem…

See how much they love each other!

’Tis the beech-wood’s blissful dream!“

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Page:Unexplored Spain (IA unexploredspain00chaprich).pdf/23

 ==== CHAPTER I ====

INTRODUCTORY
The Spain that we love and of which we write is not the Spain of tourist of globe-trotter. These hold main routes, the high-ways from city to city; few so much as venture upon the bye-ways. Our Spain begins where bye-ways end. We write of her pathless solitudes, of desolate steppe and prairie, of marsh and mountain-land - of her majestic sierras, some will-nigh inaccessible, and in many an instance, untrodden by British foot save our own. Lonely scene these, yet glorified by primeval beauty and wealth of wild-life. As naturalists - that is, merely as born lovers of all that is wild, and big, and pristine - we thank the guiding destiny that early directed our steps towards a land that is probably the wildest and certainly the least known of all in Europe - a land worthy of better cicerones than ourselves. Do not let us appear to disparage the other Spain. The tourist enjoys another land overflowing with historic and artistic interest - with memorials of mediæval romance, and of stirring times when wave after wave of successive conquest swept the Peninsula. Such subjects, however, fall wholly outside the province of this book nor do they lack historians a thousand-fold better qualified to tell their tale.

The first cause that differentiates Spain from other European countries of equal area is her high general elevation. This fact must jump to the eye of every observant traveller who books his seat by the Sûd-express to the Mediterranean. Better still, for our purpose, let him commence his journey, say at the Tweed. From Berwick southwards through the heart of England to London from London to Paris, and right across - France all the 1                             B


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 John King


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 LES MODES PARISIENNES

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A

STAGE - COACH

A DW ENTURE.

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LES MODES PARISIENNES

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Page:The American family physician - or, Domestic guide to health - for the use of physicians, families, plantations, ships, travelers, etc. (IA americanfamilyph00king).pdf/5

 THE

AMERICAN

FAMILY PHYSICIAN;

OR,

DOMESTIC GUIDE TO HEALTH.

FOR THE USE OF PHYSICIANS, FAMILIES, PLANTATIONS, SHIPS, TRAVELERS, ETC.

BY

JOHN KING, M.D., PROFESSOR OF OBSTETRICS AND DISEASES OF WOMEN AND CHILDREN, IN THE ECLECTIC COLLEGE OF MEDICINE, CINCINNATI; FORMERLY PROFESSOR OF MATERIA MEDICA, THERAPEUTICS, AND MEDICAL JURISPRUDENCE IN THE MEMPHIS INSTITUTE; AUTHOR OF THE AMERICAN. ECLECTIC DISPENSATORY, THE AMERICAN ECLECTIC OBSTETRICS, ETC., ETC., ETC.

CINCINNATI: LONGLEY BROTHERS, PUBLISHERS. 1858.


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 circumstances sufficient to sustain [such] a First Amendment defense have noted the possibility of such a defense.” (Def.’s Br. at 12.) I, too, find that such a defense is inapplicable to the facts before me.

Professor Nimmer advocates such a defense in the situation where an entity owns the copyright to a graphic expression of “news,” but refuses to disseminate it. , supra, at 1-89. First, The URANTIAUrantia [sic] Book is not a graphic expression like the film of the Kennedy assassination or the photographs of the My Lai massacre. Second, the contents of The URANTIAUrantia [sic] Book do not fit Professor Nimmer’s definition of “news.” According to Professor Nimmer, a graphic expression of “news” exists only if the event captured has been the subject of news stories throughout the nation. Id. at 1-91. Third, The URANTIAUrantia [sic] Book is not being withheld from the public. The plaintiff suggests there are a quarter million books in print, and assures the court that the book remains “available for sale to the public.” (Pl.’s Reply Mem. in Supp. of its Mot. for Partial Summ.J. on First Amendment Defense at 2, 14.) “The fact that the words [with which] the author has chosen to clothe his narrative may of themselves be ‘newsworthy’ is not an independent justification for unauthorized copying.” Harper & Row, Pub., Inc., v. Nation Enters., 471 U.S. 539, 557, 105 S.Ct. 2218, 2229, 85 L.Ed.2d 588 (1985).

Neither Congress nor the courts have been oblivious to the inevitable conflict between the First Amendment and copyright and trademark law. Under the idea-expression dichotomy “[c]opyright law incorporates First Amendment goals by ensuring that copyright protection extends only to the forms in which ideas and information are expressed and not to the ideas and information themselves.” ''Los Angeles News Serv. v. Tullo'', 973 F.2d 791, 795 (9th Cir.1992). Furthermore, First Amendment concerns are addressed through the “fair use” doctrine, which recognizes “a privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent.” Harper & Row, 471 U.S. at 549, 105 S.Ct. at 2224 (quoting, Law of Copyright and Literary Property 260 (1944)).

Trademark law accommodates the First Amendment in a way similar to copyright law. Analogous to the idea-expression dichotomy, a trademark cannot be obtained in generic words or symbols. A word or symbol is generic if it is not an expression that relates exclusively to the potential trademark owner’s property. ''New Kids on the Block v. News Am. Pub., Inc., 971 F.2d 302, 306 (9th Cir.1992); see Kellogg Co. v. National Biscuit Co.'', 305 U.S. 111, 59 S.Ct. 109, 8 L.Ed. 73 (1938) (holding the term “shredded wheat” generic and unable to be a trademark). Furthermore, there are numerous statutory defenses in trademark law, including a “fair use” defense. See 15 U.S.C. § 1115(b). The defendant, however, has not chosen to assert any of the recognized defenses, and, instead, relies on a pure First Amendment defense.

I find that the aforementioned principles and defenses adequately serve to accommodate the competing interests of the First Amendment and the laws of copyright and trademark. I do not believe that expansion in this area would be judicially prudent. Consequently, the defendant’s proffered First Amendment defense to the plaintiff’s claims of copyright and trademark infringement must be rejected.

IT IS THEREFORE ORDERED that the plaintiff’s motion for partial summary judgment on the defendant’s First Amendment defense, filing 179, is granted.


text: Urantia Foundation v. Maaherra (895 F.Supp. 1329)


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 likelihoods and allegations for proofs, that, when Othello was called upon for his defence, he had only to relate a plain tale of the course of his love; which he did with such an artless eloquence, recounting the whole story of his wooing, as we have related it above, and delivered his speech with so noble a plainness (the evidence of truth), that the duke, who sat as chief judge, could not help confessing that a tale so told would have won his daughter too: and the spells and conjurations which Othello had used in his courtship, plainly appeared to have been no more than the honest arts of men in love; and the only witchcraft which he had used, the faculty of telling a soft tale to win a lady's ear.

This statement of Othello was confirmed by the testimony of the lady Desdemona herself, who appeared in court, and professing a duty to her father for life and education, challenged leave of him to profess a yet higher duty to her lord and husband, even so much as her mother had shown in preferring him (Brabantio) above her father.

The old senator, unable to maintain his plea, called the Moor to him with many expressions of sorrow, and, as an act of necessity, bestowed upon him his daughter, whom, if he had been free to withhold her (he told him), he would with all his heart have kept from him; adding, that he was glad at soul that he had no other child, for this behaviour of Desdemona would have taught him to be a tyrant, and hang clogs on them for her desertion.

This difficulty being got over, Othello, to whom custom had rendered the hardships of a military life as natural as food and rest are to other men, readily undertook the management of the wars in Cyprus: and Desdemona, preferring the honour of her lord (though with danger) before the indulgence of those idle delights in which new-married people


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 usually waste their time, cheerfully consented to his going.

No sooner were Othello and his lady landed in Cyprus, than news arrived, that a desperate tempest had dispersed the Turkish fleet, and thus the island was secure from any immediate apprehension of an attack. But the war, which Othello was to suffer, was now beginning; and the enemies, which malice stirred up against his innocent lady, proved in their nature more deadly than strangers or infidels.

Among all the general's friends no one possessed the confidence of Othello more entirely than Cassio. Michael Cassio was a young soldier, a Florentine, gay, amorous, and of pleasing address, favourite qualities with women; he was handsome and eloquent, and exactly such a person as might alarm the jealousy of a man advanced in years (as Othello in some measure was), who had married a young and beautiful wife; but Othello was as free from jealousy as he was noble, and as incapable of suspecting as of doing a base action. He had employed this Cassio in his love affair with Desdemona, and Cassio had been a sort of go-between in his suit: for Othello, fearing that himself had not those soft parts of conversation which please ladies, and finding these qualities in his friend, would often depute Cassio to go (as he phrased it) a courting for him: such innocent simplicity being rather an honour than a blemish to the character of the valiant Moor. So that no wonder, if next to Othello himself (but at far distance, as beseems a virtuous wife) the gentle Desdemona loved and trusted Cassio. Nor had the marriage of this couple made any difference in their behaviour to Michael Cassio. He frequented their house, and his free and rattling talk was no unpleasing variety to Othello, who was himself of a more serious temper: for such tempers are observed


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 often to delight in their contraries, as a relief from the oppressive excess of their own: and Desdemona and Cassio would talk and laugh together, as in the days when he went a courting for his friend.

Othello had lately promoted Cassio to be the lieutenant, a place of trust, and nearest to the general's person. This promotion gave great offence to Iago, an older officer who thought he had a better claim than Cassio, and would often ridicule Cassio as a fellow fit only for the company of ladies, and one that knew no more of the art of war or how to set an army in array for battle, than a girl. Iago hated Cassio, and he hated Othello, as well for favouring Cassio, as for an unjust suspicion, which he had lightly taken up against Othello, that the Moor was too fond of Iago's wife Emilia. From these imaginary provocations, the plotting mind of Iago conceived a horrid scheme of revenge, which should involve both Cassio, the Moor, and Desdemona, in one common ruin.

Iago was artful, and had studied human nature deeply, and he knew that of all the torments which afflict the mind of man (and far beyond bodily torture), the pains of jealousy were the most intolerable, and had the sorest sting. If he could succeed in making Othello jealous of Cassio, he thought it would be an exquisite plot of revenge, and might end in the death of Cassio or Othello, or both; he cared not.

The arrival of the general and his lady, in Cyprus, meeting with the news of the dispersion of the enemy's fleet, made a sort of holiday in the island. Everybody gave themselves up to feasting and making merry. Wine flowed in abundance, and cups went round to the health of the black Othello, and his lady the fair Desdemona.

Cassio had the direction of the guard that night,


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 with a charge from Othello to keep the soldiers from excess in drinking, that no brawl might arise, to fright the inhabitants, or disgust them with the new-landed forces. That night Iago began his deep-laid plans of mischief: under colour of loyalty and love to the general, he enticed Cassio to make rather too free with the bottle (a great fault in an officer upon guard). Cassio for a time resisted, but he could not long hold out against the honest freedom which Iago knew how to put on, but kept swallowing glass after glass (as Iago still plied him with drink and encouraging songs), and Cassio's tongue ran over in praise of the lady Desdemona, whom he again and again toasted, affirming that she was a most exquisite lady: until at last the enemy which he put into his mouth stole away his brains; and upon some provocation given him by a fellow whom Iago had set on, swords were drawn, and Montano, a worthy officer, who interfered to appease the dispute, was wounded in the scuffle. The riot now began to be general, and Iago, who had set on foot the mischief, was foremost in spreading the alarm, causing the castle-bell to be rung (as if some dangerous mutiny instead of a slight drunken quarrel had arisen): the alarm-bell ringing awakened Othello, who, dressing in a hurry, and coming to the scene of action, questioned Cassio of the cause. Cassio was now come to himself, the effect of the wine having a little gone off, but was too much ashamed to reply; and Iago, pretending a great reluctance to accuse Cassio, but, as it were, forced into it by Othello, who insisted to know the truth, gave an account of the whole matter (leaving out his own share in it, which Cassio was too far gone to remember) in such a manner, as while he seemed to make Cassio's offence less, did indeed make it appear greater than it was. The result was, that


text: User:Heyzeuss/Lua sandbox/Chapter 23

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 liverance. Join thyself unto them like the true son of the stout and worthy Silas Morton, and thou wilt have good acceptance among them for his sake and for thine own working. Shouldst thou be found worthy again to labour in the vineyard, thou wilt at all times hear of my incomings and out-goings, by enquiring after Quintin Mackell of Irongray, at the house of that singular Christian woman, Bessie Maclure, near to the place called the Howff, where Niel Blane entertaineth guests. So much from him who hopes to hear again from thee in brotherhood, resisting unto blood, and striving against sin. Meanwhile, possess thyself in patience. Keep thy sword girded, and thy lamp burning, as one that wakes in the night; for He who shall judge the Mount of Esau, and shall make false professors as straw, and malignants as stubble, will come in the fourth watch with garments dyed in blood, and the house of Ja-


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 cob shall be for spoil, and the house of Joseph for fire. I am he that hath written it, whose hand hath been on the mighty in the waste field."

This extraordinary letter was subscribed J. B. of B.; but the signature of these initials was not necessary for painting out to Morton that it could come from no other than Burley. It gave him new occasion to admire the indomitable spirit of this man, who, with art equal to his courage and obstinacy, was even now endeavouring to re-establish the web of conspiracy which had been so lately torn to pieces. But he felt no sort of desire, in the present moment, to sustain a correspondence which must be perilous, or to renew an association, which, in so many ways, had been nearly fatal to him. The threats which Burley held out against the family of Bellenden, he considered as a mere expression of his spleen on account of their defence of Tillietudlem; and nothing seemed less likely than that, at the very mo-


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 ment of their party being victorious, their fugitive and distressed adversary could exercise the least influence over their fortunes.

Morton, however, hesitated for an instant, whether he should not send the Major or Lord Evandale intimation of Burley's threats. Upon consideration, he thought he could not do so without be traying his confidential correspondence; for to warn them of his menaces would have served little purpose, unless he had given them a clew to prevent them, by apprehending his person; while, by doing so, he deemed he should commit an ungenerous breach of trust to remedy an evil which seemed almost imaginary. Upon mature consideration, therefore, he tore the letter, having first made a memorandum of the name and place where the writer was to be heard of, and threw the fragments into the sea.

While Morton was thus employed the vessel was unmoored, and the white sails


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 swelled out before a favourable north-west wind. The ship leaned her side to the gale, and went roaring through the waves, leaving a long and rippling furrow to track her course. The city and port from which he had sailed became undistinguishable in the distance; the hills by which they were surrounded melted finally into the blue sky, and Morton was separated for several years from the land of his nativity.


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title: Module:Sandbox/Chapter 23


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is fortunate for tale-tellers that they are not tied down like theatrical writers to the unities of time and place, but may conduct their personages to Athens and Thebes at their pleasure, and bring them back at their convenience. Time, to use Rosalind's simile, has hitherto paced with the hero of our tale; for, betwixt Morton's first appearance as a competitor for the popinjay, and his final departure for Holland, hardly two months elapsed. Years, however, glided away ere we find it possible to resume the thread of our narrative, and Time must be held to have galloped


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 over the interval Craving, therefore, the privilege of my cast, I entreat the reader's attention to the continuation of the narrative, as it starts from a new era, being the year immediately subsequent to the British Revolution.

Scotland had just begun to repose from the convulsion occasioned by a change of dynasty, and, through the prudent tolerance of King William, had narrowly escaped the horrors of a protracted civil war. Agriculture began to revive; and men, whose minds had been disturbed by the violent political concussions, and the general change of government in church and state, had begun to recover their ordinary temper, and to give the usual attention to their own private affairs in lieu of discussing those of the public. The Highlanders alone resisted the newly-established order of things, and were in arms in a considerable body under the Viscount of Dundee, whom our readers have hitherto known


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 by the name of Grahame of Claverhouse. But the general state of the Highlands was so unruly, that their being more of less disturbed was not supposed greatly to affect the general tranquillity of the country, so long as their disorders were confined within their own frontiers. In the Lowlands, the Jacobites, now the under most party, had ceased to expect any immediate advantage by open resistance, and were, in their turn, driven to hold private meetings, and form associations for mutual defence, which the government termed treason, while they cried out persecution.

The triumphant whigs, while they reestablished presbytery as the national religion, and assigned to the General Assemblies of the Kirk their natural influence, were very far from going the lengths which the Cameronians and more extravagant portion of the non-conformists under Charles and James loudly demanded. They would listen to no proposal for re-establishing the


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 Othello, who was a strict observer of discipline, was compelled to take away Cassio's place of lieutenant from him.

Thus did Iago's first artifice succeed completely; he had now undermined his hated rival, and thrust him out of his place: but a further use was hereafter to be made of the adventure of this disastrous night.

Cassio, whom this misfortune had entirely sobered, now lamented to his seeming friend Iago that he should have been such a fool as to transform himself into a beast. He was undone, for how could he ask the general for his place again? he would tell him he was a drunkard. He despised himself. Iago, affecting to make light of it, said, that he, or any man living, might be drunk upon occasion; it remained now to make the best of a bad bargain; the general's wife was now the general, and could do anything with Othello; that he were best to apply to the lady Desdemona to mediate for him with her lord; that she was of a frank, obliging disposition, and would readily undertake a good office of this sort, and set Cassio right again in the general's favour; and then this crack in their love would be made stronger than ever. A good advice of Iago, if it had not been given for wicked purposes, which will after appear.

Cassio did as Iago advised him, and made application to the lady Desdemona, who was easy to be won over in any honest suit; and she promised Cassio that she should be his solicitor with her lord, and rather die than give up his cause. This she immediately set about in so earnest and pretty a manner, that Othello, who was mortally offended with Cassio, could not put her off. When he pleaded delay, and that it was too soon to pardon such an offender, she would not be beat back, but insisted that it should be the next night, or the morning


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 after, or the next morning to that at farthest. Then she showed how penitent and humbled poor Cassio was, and that his offence did not deserve so sharp a check. And when Othello still hung back, "What! my lord," said she, "that I should have so much to do to plead for Cassio, Michael Cassio, that came a courting for you, and oftentimes, when I have spoken in dispraise of you, has taken your part! I count this but a little thing to ask of you. When I mean to try your love indeed, I shall ask a weighty matter." Othello could deny nothing to such a pleader, and only requesting that Desdemona would leave the time to him, promised to receive Michael Cassio again in favour.

It happened that Othello and Iago had entered into the room where Desdemona was, just as Cassio, who had been imploring her intercession, was departing at the opposite door: and Iago, who was full of art, said in a low voice, as if to himself, "I like not that." Othello took no great notice of what he said; indeed, the conference which immediately took place with his lady put it out of his head; but he remembered it afterwards. For when Desdemona was gone, Iago, as if for mere satisfaction of his thought, questioned Othello whether Michael Cassio, when Othello was courting his lady, knew of his love. To this the general answering in the affirmative, and adding, that he had gone between them very often during the courtship, Iago knitted his brow, as if he had got fresh light on some terrible matter, and cried, "Indeed!" This brought into Othello's mind the words which Iago had let fall upon entering the room, and seeing Cassio with Desdemona; and he began to think there was some meaning in all this for he deemed Iago to be a just man, and full of love and honesty, and what in a false knave would be tricks, in him seemed to be the natural workings of an honest


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 be the judges of the respective courts of appeals in such districts and perform the duties thereof until the expiration of their respective terms of office. Vacancies caused by the expiration of the terms of office of the judges of the courts of appeals shall be filled by the electors of the respective appellate districts in which such vacancies shall arise. Until otherwise provided by law the term of office of such judges shall be six years. Laws may be passed to prescribe the time and mode of such election and to alter the number of districts or the boundaries thereof, but no such change shall abridge the term of any judge then in office. The court of appeals shall hold at least one term annually in each county in the district and such other terms at a county seat in the district as the judges may determine upon, and the county commissioners of any county in which the court of appeals shall hold sessions shall make proper and convenient provisions for the holding of such court by its judges and officers. Each judge shall be competent to exercise judicial powers in any appellate district of the state. The courts of appeals shall continue the work of the respective circuit courts and all pending cases and proceedings in the circuit courts shall proceed to judgment and be determined by the respective courts of appeals, and the supreme court, as now provided by law, and cases brought into said courts of appeals after the taking effect hereof shall be subject to the provisions hereof, and the circuit court shall be merged into, and their work continued by, the courts of appeals. The courts of appeals shall have original jurisdiction in quo warranto, mandamus, habeas corpus, prohibition and procedendo, and appellate jurisdiction in the trial of chancery cases, and, to review, affirm, modify, or reverse the judgments of the courts of common pleas, superior courts and other courts of record within the district as may be provided by law, and judgments of the courts of appeals shall be final in all cases, except cases involving questions arising under the constitution of the United States or of this state, cases of felony, cases of which it has original jurisdiction, and cases of public or great general interest in which the supreme court may direct any court of appeals to certify its record to that court. No judgment of a court of common pleas, a superior court or other court of record shall be reversed except by the concurrence of all the judges of the court of appeals on the weight of the evidence, and by a majority of such court of appeals upon other questions; and whenever the judges of a court of appeals find that a judgment upon which they have agreed is in conflict with a judgment pronounced upon the same question by any other court of appeals of the state, the judges shall certify the record of the case to the supreme court for review and final determination. The decisions in all cases in the supreme court shall be reported, together with the reasons therefor, and laws may be passed providing for the reporting of cases in the courts of appeals. The chief justice of the supreme court of the state shall determine the disability or disqualification of any judge of the courts of appeals and he may assign any judge of the courts of appeals to any county to hold court. (Adopted Sept. 3, 1912.)

7. There shall be established in each county, a probate court, which shall be a court of record, open at all times, and holden by one judge, elected by the electors of the county, who shall hold his office for the term of four years, and shall receive such compensation, payable out of the county treasury, as shall be provided by law. Whenever ten per centum of the number of the

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 mind, big with something too great for utterance: and Othello prayed Iago to speak what he knew, and to give his worst thoughts words. "And what," said Iago, "if some thoughts very vile should have intruded into my breast, as where is the palace into which foul things do not enter?" Then Iago went on to say, what a pity it were, if any trouble should arise to Othello out of his imperfect observations; that it would not be for Othello's peace to know his thoughts; that people's good names were not to be taken away for slight suspicions; and when Othello's curiosity was raised almost to distraction with these hints and scattered words, Iago, as if in earnest care for Othello's peace of mind, besought him to beware of jealousy: with such art did this villain raise suspicions in the unguarded Othello, by the very caution which he pretended to give him against suspicion. "I know," said Othello, "that my wife is fair, loves company and feasting, is free of speech, sings, plays, and dances well: but where virtue is, these qualities are virtuous. I must have proof before I think her dishonest." Then Iago, as if glad that Othello was slow to believe ill of his lady, frankly declared that he had no proof, but begged Othello to observe her behaviour well, when Cassio was by; not to be jealous nor too secure neither, for that he (Iago) knew the dispositions of the Italian ladies, his countrywomen, better than Othello could do; and that in Venice the wives let heaven see many pranks they dared not show their husbands. Then he artfully insinuated that Desdemona deceived her father in marrying with Othello, and carried it so closely, that the poor old man thought that witchcraft had been used. Othello was much moved with this argument, which brought the matter home to him, for if she had deceived her father, why might she not deceive her husband?


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 Iago begged pardon for having moved him; but Othello, assuming an indifference, while he was really shaken with inward grief at Iago's words, begged him to go on, which Iago did with many apologies, as if unwilling to produce anything against Cassio, whom he called his friend: he then came strongly to the point, and reminded Othello how Desdemona had refused many suitable matches of her own clime and complexion, and had married him, a Moor, which showed unnatural in her, and proved her to have a headstrong will; and when her better judgment returned, how probable it was she should fall upon comparing Othello with the fine forms and clear white complexions of the young Italians her countrymen. He concluded with advising Othello to put off his reconcilement with Cassio a little longer, and in the meanwhile to note with what earnestness Desdemona should intercede in his behalf; for that much would be seen in that. So mischievously did this artful villain lay his plots to turn the gentle qualities of this innocent lady into her destruction, and make a net for her out of her own goodness to entrap her first setting Cassio on to entreat her mediation, and then out of that very mediation contriving stratagems for her ruin.

The conference ended with Iago's begging Othello to account his wife innocent, until he had more decisive proof; and Othello promised to be patient; but from that moment the deceived Othello never tasted content of mind. Poppy, nor the juice of mandragora, nor all the sleeping potions in the world, could ever again restore to him that sweet rest, which he had enjoyed but yesterday. His occupation sickened upon him. He no longer took delight in arms. His heart, that used to be roused at the sight of troops, and banners, and battle-array, and would


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L. Dale Owens and Scott A. Wharton, of Booth, Wade & Campbell, Atlanta, GA, for plaintiff.

Joseph D. Lewis, of Cleary & Komen, Washington, DC, for defendant.

URBOM, Senior District Judge.

This cause is before the court on the plaintiff’s motion for partial summary judgment pursuant to Rule 56(d) of the Federal Rules of Civil Procedure. The plaintiff, Urantia Foundation, asserts that the Religious Freedom Restoration Act of 1993 (“RFRA”), 42 U.S.C. §§ 2000bb–2000bb-4 (Supp. V 1993) is not applicable to the instant case and does not afford the defendant, Kristen Maaherra, a proper basis for an affirmative defense.

The plaintiff initially brought this action to enjoin the defendant from, among other things, infringing upon its copyright to The Urantia Book and infringing upon its registered trademarks to the name “Urantia” and the three concentric circles associated with the Urantia Foundation. The defendant seeks to avoid the plaintiff’s claims in part by relying on the RFRA as a defense. In particular, the defendant states that the court’s enforcement of either the copyright or trademarks “would substantially burden Defendant’s exercise of her religion in violation of the [RFRA].” ((Revised) Def.’s Substitute 2nd Am. Answer & Countercl. at 5, ¶3.)

The standard applied to a motion for partial summary judgment is identical to the standard applied to adjudicate a case fully by summary judgment. The motion shall be granted when, viewing the facts and reasonable inferences in the light most favorable to the nonmoving party, “there is no genuine issue as to any material fact and … the moving party is entitled to a judgment as a matter of law.” 56(c); Calnetics Corp. v. Volkswagen of Am., Inc., 532 F.2d 674, 683 (9th Cir.), ''cert. denied'', 429 U.S.


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 stir and leap at the sound of a drum, or a trumpet, or a neighing war-horse, seemed to have lost all that pride and ambition which are a soldier's virtue; and his military ardour and all his old joys forsook him. Sometimes he thought his wife honest, and at times he thought her not so; sometimes he thought Iago just, and at times he thought him not so; then he would wish that he had never known of it; he was not the worse for her loving Cassio, so long as he knew it not: torn to pieces with these distracting thoughts, he once laid hold on Iago's throat, and demanded proof of Desdemona's guilt, or threatened instant death for his having belied her. Iago, feigning indignation that his honesty should be taken for a vice, asked Othello, if he had not sometimes seen a handkerchief spotted with strawberries in his wife's hand. Othello answered, that he had given her such a one, and that it was his first gift. "That same handkerchief," said Iago, "did I see Michael Cassio this day wipe his face with." "If it be as you say," said Othello, "I will not rest till a wide revenge swallow them up: and first, for a token of your fidelity, I expect that Cassio shall be put to death within three days; and for that fair devil (meaning his lady), I will withdraw and devise some swift means of death for her."

Trifles light as air are to the jealous proofs as strong as holy writ. A handkerchief of his wife's seen in Cassio's hand, was motive enough to the deluded Othello to pass sentence of death upon them both, without once inquiring how Cassio came by it. Desdemona had never given such a present to Cassio, nor would this constant lady have wronged her lord with doing so naughty a thing as giving his presents to another man; both Cassio and Desdemona were innocent of any offence against Othello: but the wicked Iago, whose spirits never slept in contrivance


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 electors voting for governor at the next preceding election in any county having less than sixty thousand population as determined by the next preceding federal census, shall petition the judge of the court of common pleas of any such county not less than ninety days before any general election for county officers, the judge of the court of common pleas shall submit to the electors of such county the question of combining the probate court with the court of common pleas, and such courts shall be combined and shall be known as the court of common pleas in case a majority of the electors voting upon such question vote in favor of such combination. Notice of such election shall be given in the same manner as for the election of county officers. Elections may be had in the same manner for the separation of such courts, when once combined. (Adopted Sept. 3, 1912.)

8. The probate court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, adminisratorsadministrators [sic], and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators, and guardians, and such other jurisdiction, in any county or counties, as may be provided by law.

9. [Repealed September 3, 1912.]

10. All judges, other than those provided for in this constitution, shall be elected, by the electors of the judicial district for which they may be created, but not for a longer term of office than five years.

11 . [Repealed October 9, 1883; 80 v. 382.]

12. The judges of the courts of common pleas shall, while in office, reside in the county for which they are elected; and their term of office shall be for six years. (Adopted Sept. 3, 1912.)

13. In case the office of any judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor is elected and qualified; and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty days after the vacancy shall have happened.

14. The judges of the supreme court, and of the court of common pleas, shall at stated times, receive, for their services, such compensation as may be provided by law; which shall not be diminished, or increased, during their term of office; but they shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this state, or of the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this state, given by the General Assembly, or the people, shall be void.

15. Laws may be passed to increase or diminish the number of judges of the supreme court, to increase beyond one or diminish to one the number of judges of the court of common pleas in any county, and to establish other courts, whenever two-thirds of the members elected to each house shall concur therein; but no such change, addition or diminution shall vacate the office of any judge; and any existing court heretofore created by law shall continue in existence until otherwise provided. (Adopted Sept. 3, 1912.)

16. There shall be elected in each county by the electors thereof one clerk of the court of common pleas, who shall hold his office for the term of three years, and until his successor shall be elected and qualified. He shall,

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 of villany, had made his wife (a good, but a weak woman) steal this handkerchief from Desdemona, under pretence of getting the work copied, but in reality to drop it in Cassio's way, where he might find it, and give a handle to Iago's suggestion that it was Desdemona's present.

Othello, soon after meeting his wife, pretended that he had a headache (as he might indeed with truth), and desired her to lend him her handkerchief to hold to his temples. She did so. "Not this," said Othello, "but that handkerchief I gave you." Desdemona had it not about her (for indeed it was stolen, as we have related). "How?" said Othello, "this is a fault indeed. That handkerchief an Egyptian woman gave to my mother; the woman was a witch and could read people's thoughts: she told my mother, while she kept it, it would make her amiable, and my father would love her; but, if she lost it, or gave it away, my father's fancy would turn, and he would loathe her as much as he had loved her. She dying gave it to me, and bade me, if I ever married, to give it to my wife. I did so; take heed of it. Make it a darling as precious as your eye." "Is it possible?" said the frighted lady. Tis true," continued Othello; "it is a magical handkerchief; a sibyl that had lived in the world two hundred years, in a fit of prophetic fury worked it; the silkworms that furnished the silk were hallowed, and it was dyed in a mummy of maidens' hearts conserved." Desdemona, hearing the wondrous virtues of the handkerchief, was ready to die with fear, for she plainly perceived she had lost it, and with it, she feared, the affections of her husband. Then Othello started, and looked as if he were going to do some rash thing, and still he demanded the handkerchief, which when she could not produce, she tried to divert her husband from too serious


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 thoughts, and cheerfully told him she saw all his talk about the handkerchief was only to put her off from her suit about Michael Cassio, whom she went on to praise (as Iago had foretold), till Othello in perfect distraction burst out of the room, and then Desdemona, though unwillingly, began to suspect that her lord was jealous.

What cause she could have ministered to him she knew not, and then she accused herself for accusing the noble Othello, and thought to be sure that some untoward news from Venice, or some state troubles had puddled his spirits, and made his temper not so sweet as formerly. And she said, "Men are not gods, and we must not look for that observance from them when they are married, which they show us on the bridal day." And she beshrewed herself for so unkindly judging of his unkindness.

Again Othello and Desdemona met, and he accused her more plainly of being unfaithful, and of loving another man, but he did not name whom: and Othello wept, and Desdemona said, "Alas! the heavy day! why do you weep?" And Othello told her, he could have borne all sorts of evils with fortitude—poverty, and disease, and disgrace; but her infidelity had broken his heart: and he called her a weed, that looked so fair, and smelled so sweet, that the sense ached at it; and wished she had never been born. And when he had left her, this innocent lady was so stupefied with wonder at her lord's untrue suspicion of her, that a weight-like sleep came over her, and she only desired her attendant to make her bed, and to lay her wedding-sheets upon it, saying, that when people teach their babes, they do it by gentle means and easy tasks, and Othello might have chid her so; for in good faith she was but a child when she was chidden. And this was all the complaint which this gentle lady made.


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 Desdemona being retired to bed expecting her lord would follow her, soon fell into a slumber, the effect of her troubled spirits, when Othello entered the chamber, full of the black purpose which he had meditated of putting his lady to death. But when he saw her asleep, he thought he would not shed her blood, nor scar that white skin of hers, more white than alabaster. But he was resolved she should die; else (as he said) she would live to betray more men, as she had done him. Then he kissed her for the last time (as he said), and that kiss was so sweet, that he must needs kiss her again: and he wept, but he said they were cruel tears.

Desdemona was awakened with his kisses, and she looked upon Othello, and she saw him gnaw his under lip, and roll his eyes, and she knew he was always fatal when he looked so: and he bade her prepare for death, and to say her prayers, for he would not kill her soul. And this innocent wife, as she lay at his mercy, begged for compassion, and to know her fault, and then he named Cassio, and the handkerchief which (he said) she had given him; and as the guiltless lady was proceeding to clear herself he suddenly would hear no more, but covering her up in the bed-clothes, stifled her till she died.

In this instant of time was brought into the house Cassio, wounded and bleeding, whom Iago had set one of his creatures on to assassinate; but the fellow not succeeding in his attempt to kill Cassio (whom he wounded, but not mortally), and being himself killed by Iago to prevent discovery, in his pockets were found certain letters, which made the guilt of Iago, and the innocence of Cassio, clear beyond all doubt; and Cassio now came to beg pardon of Othello, and to ask wherein he had offended him, that he had employed Iago to murder him.

This discovery was as a thunderstroke to Othello,


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 who now plainly saw that he was no better than a murderer, and that his wife (poor innocent lady) had been ever faithful to him; the extreme anguish of which discovery making life insupportable, he fell upon his sword, and throwing himself upon the body of his dear injured lady, expired.

These rash acts raised much passion of horror and amazement in the bystanders, for Othello had borne a fair reputation, and till he was wrought upon by the arts of a villain, which his own noble nature never gave him leave to suspect, he was a loving and a doting husband. He had loved not wisely, but too well; and his manly eyes (when he learned his mistake), though not used to weep on every small occasion, dropped tears as fast as the Arabian trees their gum. And when he was dead all his former merits and his valiant acts were remembered. Nothing now remained for his successor but to put the utmost censure of the law in force against Iago, who was executed with strict tortures; and to send word to the state of Venice of the lamentable death of their renowned general.


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 940, 97 S.Ct. 355, 50 L.Ed.2d 309 (1976). A genuine issue of material fact exists when there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2510–11, 91 L.Ed.2d 202 (1986) (citing First Nat. Bank of Arizona v. Cities Serv. Co., 391 U.S. 253, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968). If the moving party meets the initial burden of establishing the nonexistence of a genuine issue, then the burden shifts to the opposing party to produce evidence of the existence of a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). “If the evidence is merely colorable or is not significantly probative, summary judgment may be granted.” Anderson, 477 U.S., at 249–50, 106 S.Ct. at 2511 (citations omitted).

Congress enacted the RFRA for three very specific purposes: “to restore the compelling interest test … to guarantee its application in all cases where free exercise of religion is substantially burdened; and … to provide a claim or defense to persons whose religious exercise is substantially burdened by government.” 42 U.S.C. § 2000bb(b). Furthermore, it is undeniable that the RFRA “applies to all Federal and State law, and the implementation of that law, whether statutory or otherwise.” 42 U.S.C. § 2000bb-3(a). Therefore, I would have no recourse but to adhere to the RFRA and apply the compelling interest test if the defendant requested relief from a federal or state law that substantially burdened her exercise of religion. That, however, is not the situation before me.

The defendant admits that she “does not seek any affirmative relief under this Act.” (Def’s Mem. in Opp’n to Pl.’s Mot. for Partial Summ. J. on RFRA Defense at 18.) Pursuant to the RFRA, the only judicial relief authorized allows “[a] person whose religious exercise has been burdened in violation of this section [to] assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government.” 42 U.S.C. § 2000bb-1(c) (emphasis added). I interpret this language to mean that if a court finds that a person’s free exercise of religion has been substantially burdened by a federal or state law and the government fails to demonstrate that the burden “is in furtherance of a compelling governmental interest; and … is the least restrictive means of furthering that compelling governmental interest,” 42 U.S.C. § 2000bb-1(b), then the court must either rule that the law is unconstitutional in toto, or grant an exemption from the law because the law, as applied to the aforementioned individual, is unconstitutional. See, e.g., Murdock v. Pennsylvania, 319 U.S. 105, 63 S.Ct. 870, 87 L.Ed. 1292 (1943) (holding municipal ordinance unconstitutional which, in application, required religious colporteurs to pay a tax in order to pursue their religious convictions); Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1963) (holding South Carolina may not, constitutionally apply the eligibility provisions of its unemployment compensation law so as to coerce a worker to abandon religious convictions); Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972) (holding Old Order Amish are exempt from Wisconsin’s compulsory school-attendance laws because adherence would compel the abandonment of religious beliefs).

The defendant, however, does not contend that the copyright and trademark laws of the United States are unconstitutional, or that the laws are unconstitutional as applied to her. Moreover, she “does not dispute that religious organizations can hold valid copyrights, or that works on the subject of religion can be the subject of a valid copyright.” (Def.’s Mem. in Opp’n to Pl.’s Mot. for Partial Summ. J. on RFRA Defense at 1–2.) Furthermore, she correctly states that the RFRA “makes clear that enforcement of a law of general applicability, such as the trademark or copyright laws, must further a compelling governmental interest.” Id. at 18 (citing 42 U.S.C. § 2000bb-1(b)); see also 42 U.S.C. § 2000bb(a)(2). However, I sincerely doubt that the defendant would disagree with the proposition that courts further a compelling governmental interest by enforcing laws that are constitutional. Yet, even though the defendant does not question


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Rh discovered a great number of Bushman paintings and engravings, asserted that the oldest he found there are superior as works of art to the more modern. All of them were executed before the arrival of Bantu in the country, for there is not a single instance of individuals of that race or of their weapons being represented, and the Bushmen were entirely exterminated by the Bantu invaders. These paintings and engravings must therefore be at least over a thousand years of age. The engravings are not easily discovered, as the rocks upon which they were made have completely resumed their original colour. Some of the paintings were executed over others that had become faded from long exposure, and there are even instances where this has taken place three or four times. Who can say when the earliest of them was executed?

Mr. Hall compares the pictures and engravings of the Aurignacian negroids in Europe with those of the Bushmen in Bhodesia, and shows them to be similar in almost every respect. This extends even to the peculiar attitudes that some of the artists must have placed themselves in. He states that “some must have painted while lying prone on their chests or sideways, and on their backs inside narrow or low fissures; an average sized European could not have painted some of the pictures which are in difficult positions. Many are ten and sixteen feet above ground level.”

In addition to artistic instincts, the wild people possessed a faculty—it might almost be termed an additional sense—of which Europeans are destitute. They could make their way in a straight line to any place where they had been before. Even a child nine or ten years of age, removed from its parents to a distance of several days' journey, and without opportunity of carefully observing the features of the country traversed, could months later return unerringly. They could give no explanation of the means by which they accomplished a task seemingly so difficult. Many of the inferior


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 by virtue of his office, be clerk of all other courts of record held therein; but, the General Assembly may provide, by law, for the election of a clerk, with a like term of office, for each or any other of the courts of record, and may authorize the judge of the probate court to perform the duties of clerk for his court, under such regulations as may be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law.

17. Judges may be removed from office, by concurrent resolutions of both houses of the General Assembly, if two-thirds of the members, elected to each house, concur therein; but no such removal shall be made, except upon complaint, the substance of which shall be entered on the journal, nor, until the party charged shall have had notice thereof, and an opportunity to be heard.

18. The several judges of the supreme court, of the common pleas, and of such other courts as may be created, shall, respectively, have and exercise such power and jurisdiction, at chambers, or otherwise, as may be directed by law.

19. The General Assembly may establish courts of conciliation, and prescribe their powers and duties; but such courts shall not render final judgment in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment.

20. The style of all process shall be "The State of Ohio;" all prosecutions shall be carried on, in the name, and by the authority, of the State of Ohio; and all indictments shall conclude, "against the peace and dignity of the State of Ohio."

22. (21) A commission, which shall consist of five members, shall be appointed by the governor, with the advice and consent of the senate, the members of which shall hold office for the term of three years from and after the first day of February, 1876, to dispose of such part of the business then on the dockets of the supreme court, as shall, by arrangement between said commission and said court, be transferred to such commission; and said commission shall have like jurisdiction and power in respect to such business as are or may be vested in said court; and the members of said commission shall receive a like compensation for the time being with the judges of said court. A majority of the members of said commission shall be necessary to form a quorum or pronounce a decision, and its decision shall be certified, entered, and enforced as the judgments of the supreme court, and at the expiration of the term of said commission, all business undisposed of, shall by it be certified to the supreme court and disposed of as if said commission had never existed. The clerk and reporter of said court shall be the clerk and reporter of said commission, and the commission shall have such other attendants not exceeding in number those provided by law for said court, which attendants said commission may appoint and remove at its pleasure. Any vacancy occurring in said commission, shall be filled by appointment of the governor, with the advice and consent of the senate, if the senate be in session, and if the senate be not in session, by the governor, but in such last case, such appointment shall expire at the end of the next session of the General Assembly. The General Assembly may, on application of the supreme court duly entered on the journal of the court and certified, provide by law, whenever two-thirds of such [each] house shall concur therein, from time to time, for the appointment, in like manner, of

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68 animals, however, have this faculty, as notably the dove, so that it is not surprising to find the lowest type of man in possession of it.

The life led by these savages was in truth a wretched one, judged from a European standard. They had no contact with people beyond their own little communities, except in war, for they carried on no commerce. If a pestilence had swept them all from the face of the earth, nothing more would have been left to mark where they had once been than the drilled stones, rudely shaped arrowheads, rough pottery, rock paintings, and crude sculptures. Their pleasures were hardly superior to those of dumb animals. But it is not correct to look at them from this standpoint, or to compare them with white people reduced to the same level of poverty. They knew of nothing better, they were all in the same condition and shared alike, so that envy was not felt, their cares were very few, and serious illness was hardly known among them. They probably enjoyed, therefore, more real happiness in life than the destitute class in any European city.

They had a rich stock of traditionary stories, which old women told to little children by evening fires, when food was plentiful and the able-bodied were enjoying themselves in other ways. In Drs. Bleek and L. C. Lloyd's book a number of these folklore tales can be found, and it must be remembered that even the grown-up people believed them to be true narratives, for they were as credulous in such matters as infants could be. But judging from the manner in which Bantu women tell such stories, a great deal of their interest is lost when they are read in print. A Xosa woman when narrating one of them displays all kinds of gestures, alters her voice in the dialogues, and sings the parts capable of such treatment, in short, puts life into the tale. It may be taken for certain that a Bushwoman did the same, and so even the endless repetitions of the same thing would not be wearisome, especially to children. The following are literal translations of two such stories, taken down by Miss Lloyd from the dictation of a Bushman named ǀhanǂkass'ō, and published by her in the Folklore Journal of May 1880:


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, prince of Tyre, became a voluntary exile from his dominions, to avert the dreadful calamities which Antiochus, the wicked emperor of Greece, threatened to bring upon his subjects and city of Tyre, in revenge for a discovery which the prince had made of a shocking deed which the emperor had done in secret; as commonly it proves dangerous to pry into the hidden crimes of great ones. Leaving the government of his people in the hands of his able and honest minister, Helicanus, Pericles set sail from Tyre, thinking to absent himself till the wrath of Antiochus, who was mighty, should be appeased.

The first place which the prince directed his course to was Tarsus, and hearing that the city of Tarsus was at that time suffering under a severe famine, he took with him store of provisions for its relief. On his arrival he found the city reduced to the utmost distress; and, he coming like a messenger from heaven with his unhoped-for succour, Cleon, the governor of Tarsus, welcomed him with boundless thanks. Pericles had not been here many days, before letters came from his faithful minister, warning him that it was not safe for him to stay at Tarsus, for Antiochus knew of his abode, and by secret emissaries despatched for that purpose sought his life. Upon receipt of these letters Pericles put out to sea again, amidst the blessings and prayers of a whole people who had been fed by his bounty.

He had not sailed far, when his ship was overtaken by a dreadful storm, and every man on board


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 perished except Pericles, who was cast by the sea-waves naked on an unknown shore, where he had not wandered long before he met with some poor fishermen, who invited him to their homes, giving him clothes and provisions. The fishermen told Pericles the name of their country was Pentapolis, and that their king was Simonides, commonly called the good Simonides, because of his peaceable reign and good government. From them he also learned that king Simonides had a fair young daughter, and that the following day was her birthday, when a grand tournament was to be held at court, many princes and knights being come from all parts to try their skill in arms for the love of Thaisa, this fair princess. While the prince was listening to this account, and secretly lamenting the loss of his good armour, which disabled him from making one among these valiant knights, another fisherman brought in a complete suit of armour that he had taken out of the sea with his fishing-net, which proved to be the very armour he had lost. When Pericles beheld his own armour, he said, "Thanks, Fortune; after all my crosses you give me somewhat to repair myself. This armour was bequeathed to me by my dead father, for whose dear sake I have so loved it, that whithersoever I went, I still have kept it by me, and the rough sea that parted it from me, having now become calm, hath given it back again, for which I thank it, for, since I have my father's gift again, I think my shipwreck no misfortune."

The next day Pericles, clad in his brave father's armour, repaired to the royal court of Simonides, where he performed wonders at the tournament, vanquishing with ease all the brave knights and valiant princes who contended with him in arms for the honour of Thaisa's love. When brave warriors contended at court tournaments for the love of kings' daughters, if one proved


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 a like commission with like powers, jurisdiction and duties; provided, that the term of any such commission shall not exceed two years, nor shall it be created oftener than once in ten years. [As adopted October 12, 1875; 72 v. 269.]

Elective Franchise.

1. Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county, township, or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections.

2. All elections shall be by ballot.

3. Electors, during their attendance at elections, and in going to, and returning therefrom, shall be privileged from arrest, in all cases, except treason, felony, and breach of the peace.

4. The General Assembly shall have power to exclude from the privilege of voting, or of being eligible to office, any person convicted of bribery, perjury, or other infamous crime.

5. No person in the military, naval, or marine service of the United States, shall, by being stationed in any garrison, or military, or naval station, within the state, be considered a resident of this state.

6. No idiot, or insane person, shall be entitled to the privileges of an elector.

7. All nominations for elective state, district, county and municipal offices shall be made at direct primary elections or by petition as provided by law, and provision shall be made by law for a preferential vote for United States senator; but direct primaries shall not be held for the nomination of township officers or for the officers of municipalities of less than two thousand population, unless petitioned for by a majority of the electors of such township or municipality. All delegates from this state to the national convention of political parties shall be chosen by direct vote of the electors. Each candidate for such delegate shall state his first and second choices for the presidency, which preferences shall be printed upon the primary ballot below the name of such candidate, but the name of no candidate for the presidency shall be so used without his written authority. (Adopted Sept. 3, 1912.)

Education.

1. The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or entrusted to this state for educational and religious purposes, shall forever be preserved inviolate, and undiminished; and, the income arising therefrom, shall be faithfully applied to the specific objects of the original grants, or appropriations.

2. The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

88


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 sole victor over all the rest, it was usual for the great lady for whose sake these deeds of valour were undertaken, to bestow all her respect upon the conqueror, and Thaisa did not depart from this custom, for she presently dismissed all the princes and knights whom Pericles had vanquished, and distinguished him by her especial favour and regard, crowning him with the wreath of victory, as king of that day's happiness; and Pericles became a most passionate lover of this beauteous princess from the first moment he beheld her.

The good Simonides so well approved of the valour and noble qualities of Pericles, who was indeed a most accomplished gentleman, and well learned in all excellent arts, that though he knew not the rank of this royal stranger (for Pericles for fear of Antiochus gave out that he was a private gentleman of Tyre), yet did not Simonides disdain to accept of the valiant unknown for a son-in-law, when he perceived his daughter's affections were firmly fixed upon him.

Pericles had not been many months married to Thaisa, before he received intelligence that his enemy Antiochus was dead; and that his subjects of Tyre, impatient of his long absence, threatened to revolt, and talked of placing Helicanus upon his vacant throne. This news came from Helicanus himself, who, being a loyal subject to his royal master, would not accept of the high dignity offered him, but sent to let Pericles know their intentions, that he might return home and resume his lawful right. It was matter of great surprise and joy to Simonides, to find that his son-in-law (the obscure knight) was the renowned prince of Tyre; yet again he regretted that he was not the private gentleman he supposed him to be, seeing that he must now part both with his admired son-in-law and his beloved daughter, whom he feared to trust to the perils of the sea, because Thaisa was with child; and Pericles himself wished her to remain with her father


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 till after her confinement, but the poor lady so earnestly desired to go with her husband, that at last they consented, hoping she would reach Tyre before she was brought to bed.

The sea was no friendly element to unhappy Pericles, for long before they reached Tyre another dreadful tempest arose, which so terrified Thaisa that she was taken ill, and in a short space of time her nurse Lychorida came to Pericles with a little child in her arms, to tell the prince the sad tidings that his wife died the moment her little babe was born. She held the babe towards its father, saying, "Here is a thing too young for such a place. This is the child of your dead queen." No tongue can tell the dreadful sufferings of Pericles when he heard his wife was dead. As soon as he could speak, he said, "O you gods, why do you make us love your goodly gifts, and then snatch those gifts away?" "Patience, good sir," said Lychorida, "here is all that is left alive of our dead queen, a little daughter, and for your child's sake be more manly. Patience, good sir, even for the sake of this precious charge." Pericles took the new-born infant in his arms, and he said to the little babe, "Now may your life be mild, for a more blusterous birth had never babe! May your condition be mild and gentle, for you have had the rudest welcome that ever prince's child did meet with! May that which follows be happy, for you have had as chiding a nativity as fire, air, water, earth, and heaven could make to herald you from the womb! Even at the first, your loss," meaning in the death of her mother, "is more than all the joys, which you shall find upon this earth to which you are come a new visitor, shall be able to recompense."

The storm still continuing to rage furiously, and the sailors having a superstition that while a dead body remained in the ship the storm would never


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Rh

“The wind (the narrator explains the Son of the Wind is here meant) was formerly still. And he rolled (a ball) to ǃná-ka-ti. He exclaimed, ‘Oh ǃná-ka-ti there it goes.’ And ǃná-ka-ti exclaimed, ‘Oh comrade! there it goes!’ because ǃná-ka-ti did not know his (the other one's) name. Therefore ǃná-ka-ti said, ‘Oh comrade! there it goes!’ He who was the wind, he was the one who said, ‘Oh! ǃná-ka-ti! there it goes.’

“Therefore ǃná-ka-ti went to question his mother about the other one's name. He exclaimed, ‘Oh! our mother! utter for me yonder comrade's name; for comrade utters my name; I do not utter comrade's name. I would also utter comrade's name when I am rolling (a ball) to him. For I do not utter comrade's name; I would also utter his name when I roll a ball to him.’ Therefore his mother exclaimed, ‘I will not utter to thee comrade's name. For thou shalt wait, that father may first strongly shelter the hut; and then I will utter for thee comrade's name. And thou shalt, when I have uttered for thee comrade's name, thou must, when I am the one who has uttered for thee comrade's name, thou must scamper away, thou must run home, that thou mayest come into the hut, whilst thou feelest that the wind would blow thee away.’

“Therefore the child went away; they (the two children) went to roll (the ball) there. Therefore he (ǃná-ka-ti) again went to his mother, he again went to question his mother about the other one's name. And his mother exclaimed, ‘ǀérriten-ǃkuan-ǃkuan it is; ǃgau-ǃgaubu-ti it is. He is ǀérriten-ǃkuan-ǃkuan; he is ǃgau-ǃgaubu-ti, he is ǀérriten-ǃkuan-ǃkuan.’

“Therefore ǃná-ka-ti went away. He went to roll (the ball) there, while he did not utter the other one's name, because he felt that his mother was the one who had thus spoken to him. She said, ‘Thou must not, at first, utter comrade's name. Thou must, at first, be silent, even if comrade be the one who is uttering thy name. Therefore thou shalt, when thou hast uttered comrade's name, thou must run home, whilst thou feelest that the wind would blow thee away.’

“Therefore ǃná-ka-ti went away. They went to roll (the ball) there, while the other was the one who uttered his (ǃná-ka-ti's) name; while he felt that he (ǃná-ka-ti) intended that his father


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 the constitutionality of the copyright and trademark laws, she contends that in the instant case they should not be enforced. She bases her position on the contention that enforcement would not further a compelling governmental interest or “[e]ven the usual governmental interests.” Id. (emphasis added).

If there is any doubt as to the constitutionality of the copyright or trademark laws, either as written or as applied, the government should be notified and put to the task of proving that the laws and their enforcement do, in fact, further a compelling governmental interest in the least restrictive manner. The defendant, however, suggests that it is the Urantia Foundation that has the burden of establishing that the protection of The Urantia Book and the mark of three concentric circles under the copyright and trademark laws serves a compelling governmental interest. Id. at 19. I disagree. It is the government as creator of laws that must act as their defender if their validity is questioned. In the absence of any argument that the copyright and trademark laws are unconstitutional, I find that the RFRA is inapplicable to the instant case.

IT IS THEREFORE ORDERED that the plaintiff’s motion for partial summary judgment on the Religious Freedom Restoration Act of 1993 defense, filing 185, is granted.

L. Dale Owens and Scott A. Wharton, of Booth, Wade & Campbell, Atlanta, GA, for Urantia Foundation.

Joseph D. Lewis of Cleary & Komen, Washington, DC, for Kristen Maaherra.

URBOM, Senior District Judge.

The plaintiff’s motion for partial summary judgment on defendant’s section 102 counterclaim is aimed at paragraph 96 of the (Revised) Defendant’s Substitute Second Amended Answer and Counterclaim. That paragraph states:

“17 U.S.C. 102 lists works of authorship as a) literary works, b) musical works, including accompanying word [sic], c) dramatic works, including any accompanying music, d) pantomimes and choreographic works, e) pictorial, graphic and sculptural works, f) motion pictures and other audiovisual works, and g) sound recordings.


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 cease, they came to Pericles to demand that his queen should be thrown overboard; and they said, "What courage, sir? God save you! "Courage enough," said the sorrowing prince: "I do not fear the storm; it has done to me its worst; yet for the love of this poor infant, this fresh new seafarer, I wish the storm was over." "Sir," said the sailors, "your queen must overboard. The sea works high, the wind is loud, and the storm will not abate till the ship be cleared of the dead." Though Pericles knew how weak and unfounded this superstition was, yet he patiently submitted, saying, "As you think meet. Then she must overboard, most wretched queen!" And now this unhappy prince went to take a last view of his dear wife, and as he looked on his Thaisa, he said, "A terrible childbed hast thou had, my dear; no light, no fire; the unfriendly elements forget thee utterly, nor have I time to bring thee hallowed to thy grave, but must cast thee scarcely coffined into the sea, where for a monument upon thy bones the humming waters must overwhelm thy corpse, lying with simple shells. O Lychorida, bid Nestor bring me spices, ink, and paper, my casket and my jewels, and bid Nicandor bring me the satin coffin. Lay the babe upon the pillow, and go about this suddenly, Lychorida, while I say a priestly farewell to my Thaisa."

They brought Pericles a large chest, in which (wrapped in a satin shroud) he placed his queen, and sweet-smelling spices he strewed over her, and beside her he placed rich jewels, and a written paper, telling who she was, and praying if haply any one should find the chest which contained the body of his wife, they would give her burial: and then with his own hands he cast the chest into the sea. When the storm was over, Pericles ordered


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 3. Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds: provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts. (Adopted Sept. 3, 1912.)

4. A superintendent of public instruction to replace the state commissioner of common schools, shall be included as one of the officers of the executive department to be appointed by the governor, for the term of four years, with the powers and duties now exercised by the state commissioner of common schools until otherwise provided by law, and with such other powers as may be provided by law. (Adopted Sept. 3, 1912.)

Public Institutions.

1. Institutions for the benefit of the insane, blind, and deaf and dumb, shall always be fostered and supported by the state; and be subject to such regulations as may be prescribed by the General Assembly.

2. The directors of the penitentiary shall be appointed or elected in such manner as the General Assembly may direct; and the trustees of the benevolent, and other state institutions, now elected by the General Assembly, and of such other state institutions, as may be hereafter created, shall be appointed by the governor, by and with the advice and consent of the senate; and upon all nominations made by the governor, the question shall be taken by yeas and nays, and entered upon the journals of the senate.

3. The governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the General Assembly, and, until a successor to his appointee shall be confirmed and qualified.

Public Debt and Public Works.

1. The state may contract debts to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for; but the aggregate amount of such debts, direct and contingent, whether contracted by virtue of one or more acts of the General Assembly, or at different periods of time, shall never exceed seven hundred and fifty thousand dollars; and the money, arising from the creation of such debts, shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever.

2. In addition to the above limited power, the state may contract debts to repel invasion, suppress insurrection, defend the state in war, or to redeem the present outstanding indebtedness of the state; but the money, arising from the contracting of such debts, shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever; and all debts, incurred to redeem the present outstanding indebtedness of the state, shall be so contracted as to be payable by the sinking fund, hereinafter provided for, as the same shall accumulate.

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 the sailors to make for Tarsus. "For," said Pericles, "the babe cannot hold out till we come to Tyre. At Tarsus I will leave it at careful nursing."

After that tempestuous night when Thaisa was thrown into the sea, and while it was yet early morning, as Cerimon, a worthy gentleman of Ephesus, and a most skilful physician, was standing by the sea-side, his servants brought to him a chest, which they said the sea-waves had thrown on the land. "I never saw," said one of them, "so huge a billow as cast it on our shore." Cerimon ordered the chest to be conveyed to his own house, and when it was opened he beheld with wonder the body of a young and lovely lady; and the sweet-smelling spices and rich casket of jewels made him conclude it was some great person who was thus strangely entombed: searching farther, he discovered a paper, from which he learned that the corpse which lay as dead before him had been a queen, and wife to Pericles, prince of Tyre; and much admiring at the strangeness of that accident, and more pitying the husband who had lost this sweet lady, he said, "If you are living, Pericles, you have a heart that even cracks with woe." Then observing attentively Thaisa's face, he saw how fresh and unlike death her looks were, and he said, "They were too hasty that threw you into the sea:" for he did not believe her to be dead. He ordered a fire to be made, and proper cordials to be brought, and soft music to be played, which might help to calm her amazed spirits if she should revive; and he said to those who crowded round her, wondering at what they saw, "I pray you, gentlemen, give her air; this queen will live; she has not been entranced above five hours; and see, she begins to blow into life again; she is alive; behold, her eyelids move;


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 Solemn League and Covenant; and those who had expected to find in King William a zealous Covenanted Monarch were grievously disappointed when he intimated, with the phlegm peculiar to his country, his intentions to tolerate all forms of religion which were consistent with the safety of the state. The principles of indulgence, thus espoused and gloried in by the government, gave great offence to the more violent party, who condemned them as diametrically contrary to Scripture; for which narrow-spirited doctrine they cited various texts, all, as it may well be supposed, detached from their context, and most of them derived from the charges given to the Jews in the Old Testament dispensation to extirpate idolaters out of the promised land. They also murmured highly against the influence assumed by secular persons in exercising the rights of patronage, which they termed a rape upon the chastity of the Church. They censured and condemned as Erastian many of the


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 this fair creature will live to make us weep to hear her fate." Thaisa had never died, but after the birth of her little baby had fallen into a deep swoon, which made all that saw her conclude her to be dead; and now by the care of this kind gentleman she once more revived to light and life; and opening her eyes, she said, "Where am I? Where is my lord? What world is this?" By gentle degrees Cerimon let her understand what had befallen her; and when he thought she was enough recovered to bear the sight, he showed her the paper written by her husband, and the jewels; and she looked on the paper, and said, "It is my lord's writing. That I was shipped at sea, I well remember, but whether there delivered of my babe, by the holy gods I cannot rightly say; but since my wedded lord I never shall see again, I will put on a vestal livery, and never more have joy." "Madam," said Cerimon, "if you purpose as you speak, the temple of Diana is not far distant from hence; there you may abide as a vestal. Moreover, if you please, a niece of mine shall there attend you." This proposal was accepted with thanks by Thaisa; and when she was perfectly recovered, Cerimon placed her in the temple of Diana, where she became a vestal or priestess of that goddess, and passed her days in sorrowing for her husband's supposed loss, and in the most devout exercises of those times.

Pericles carried his young daughter (whom he named Marina, because she was born at sea) to Tarsus, intending to leave her with Cleon, the governor of that city, and his wife Dionysia, thinking, for the good he had done to them at the time of their famine, they would be kind to his little motherless daughter. When Cleon saw prince Pericles, and heard of the great loss which had befallen him, he


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 measures by which government after the Revolution shewed an inclination to interfere with the management of the Church, and they positively refused to take the oath of allegiance to King William and Queen Mary, until they should, on their part, have sworn to the Solemn League and Covenant, the Magna Charta, as they termed it, of the Presbyterian Church.

This party, therefore, remained grumbling and dissatisfied, and made repeated declarations against defections and causes of wrath, which, had they been prosecuted as in the two former reigns, would have led to the same consequence of open rebellion. But as the murmurers were allowed to hold their meetings uninterrupted, and to testify as much as they pleased against Socinianism, Erastianism, and all the compliances and defections of the time, their zeal, unfann'd by persecution, died gradually away, their numbers became diminished, and they sunk into the scattered remnant of serious, scrupulous,


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 and harmless enthusiasts, of whom Old Mortality, whose legends have afforded the ground-work of my Tale, may be taken as no bad representative. But in the years which immediately succeeded the Revolution, the Cameronians continued a sect strong in numbers and vehement in their political opinions, whom government wished to discourage while they prudently temporized with them. These men formed one violent party in the state; and the Episcopalian and Jacobite interest, notwithstanding their ancient and national animosity, yet repeatedly endeavoured to intrigue among them, and avail themselves of their discontents, to abtain their assistance in recalling the Stuart family. The Revolutionary government, in the meanwhile, was supported by the great bulk of the Lowland interest, who were chiefly disposed to a moderate presbytery, and formed, in a great measure, the party, who, in the former oppressive reigns, were stigmatized by the


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 said, "O your sweet queen, that it had pleased Heaven you could have brought her hither to have blessed my eyes with the sight of her!" Pericles replied, "We must obey the powers above us. Should I rage and roar as the sea does in which my Thaisa lies, yet the end must be as it is. My gentle babe, Marina here, I must charge your charity with her. I leave her the infant of your care, beseeching you to give her princely training." And then turning to Cleon's wife, Dionysia, he said, "Good madam, make me blessed in your care in bringing up my child:" and she answered, "I have a child myself who shall not be more dear to my respect than yours, my lord;" and Cleon made the like promise, saying, "Your noble services, prince Pericles, in feeding my whole people with your corn (for which in their prayers they daily remember you) must in your child be thought on. If I should neglect your child, my whole people that were by you relieved would force me to my duty; but if to that I need a spur, the gods revenge it on me and mine to the end of generation." Pericles, being thus assured that his child would be carefully attended to, left her to the protection of Cleon and his wife Dionysia, and with her he left the nurse Lychorida. When he went away, the little Marina knew not her loss, but Lychorida wept sadly at parting with her royal master. "O, no tears, Lychorida," said Pericles: "no tears; look to your little mistress, on whose grace you may depend hereafter."

Pericles arrived in safety at Tyre, and was once more settled in the quiet possession of his throne, while his woeful queen, whom he thought dead, remained at Ephesus. Her little babe Marina, whom this hapless mother had never seen, was brought up by Cleon in a manner suitable to her high birth. He gave her the most careful education, so that by


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 PETERSON'S MAGAZINE >

Wo L.

oc ToBER, 1849,*

PHILADELPHIA,

XVI.

P A L A C ES BY

[Entered,

M.R.S.

A N D ANN

S.

PR IS ON S.

S.T.E.P. H. E. N. S.

l
 * 5. to the

Act of Congress, in the year 1849, by Edward Stepheiis, in the Clerk's Office of the strict Court of the United States, for the Southern District of New York.] con TINUED F Rox PAGE 94.

CHAPTER X.

must not be broken off in the middle. Here, in the desolate room where he was an object of so much

Miss LANDoN says in one of her exquisite novels care, I must gather up the tangled thread of my story. that the history of a book—the feelings, sufferings and There is nothing to interrupt me now-no faint moan, experience of its author would, if truly revealed, be no gentle and patient call for water or for fruit. The often more touching, more romantic, and full of in couch is empty—the room silent; nothing is here to terest than the book itself—alas, alas, how true this

interrupt thought save the swell of my own heart

is with me. How mournful would be the history of these pages could I write of that solemn, under cur rent of grief that has swept through my heart while each word has fallen, as it were, mechanically from: my pen. I have written in a dream, my mind has been at work while my soul dwelt wholly with an other. Between every sentence fear, and grief, and keen anxiety have broken up, known only to myself,

the flow of my own tears. And she sat waiting for her brother, that kind-hearted old huckster-woman, waiting for him on that Thanks

givingraight, with the beautiful faith which will not

yield-up is hope even when everything that can rea sonably inspire hope has passed away. The hired-man had escorted the Irish girl on a visit

to some “cousin from her own country;” and Robert leaving no imprint on the page which my heart was was acting as charioteer to the Warren family. Thus tracing. My brother, my noble, young brother, so it happened that Mrs. Gray was left entirely alone in good, so strong, so full of hopeful life. How many the old farm-house. times have I said to my heart as each chapter was The twilight deepened, but the good woman, lost in commenced, will he live to see the end? By his profound memories, sat gazing in the fire, unconscious bed-side I have written—with every sentence I have of the gathering darkness: even her housewife thrift turned to see if he slept, or was in pain. We had was forgotten, and she sat quiet and unconscious for began to count his life by months then, and as each the time. There stood the table, still loaded with the period of mental toil came round, the wing of ap Thanksgiving supper—nothing had been removed proaching death fell more darkly over my page, and for Mrs. Gray had no idea of more than one grand over my heart. Reader, do you know how we may course at her festive-board. Pies, puddings, beef, live and suffer while the business of life goes regu fowl, everything came on at once a perfect deluge of larly on, giving no token of the tears that are silently hospitality, and thus everything remained a feast in shed? ruins. When her guests went away, the good lady, Here, here! between this chapter and the last he partly from fatigue, partly from the rush of thick, died. The flowers we laid upon his coffin are scarcely coming memories, forgot that the table was to be withered; the vibrations of the passing bell have but cleared. The lonesome stillness suited her frame of just swept through the beautiful valley where we laid mind, and thus she sat, motionless and sorrowful, him down to sleep. While I am yet standing bewil brooding amid the vestiges of her Thanksgiving sup dered and grief-stricken in “the valley and shadow per. She was aroused from this unusual state of abstrac of death,” for we followed that loved one even to the brink of eternity, rendering him up to God when we tion by a slight noise among the dishes, and supposing might go no further, even there comes this cry from that the sleek, old house-cat had broken bounds for the outer world, “write—write!” once, she stamped her foot upon the hearth too gently And I must write-my work like his young life for much effect, and brushing the tears from her eyes,

title: Page:Peterson magazine 1849.pdf/392


text: User:SnowyCinema/P/Man's Country

title: User:SnowyCinema/P/Man's Country


text:
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 of the scene around. The path, through which the traveller descended, was occasionally shaded by detached trees of great size, and elsewhere by the hedges and boughs of flourishing orchards, now loaden with summer fruits.

The nearest object of consequence was a farm-house, or it might be the abode of a small proprietor, situated on the side of a sunny bank, which was covered by apple and pear-trees. At the foot of the path which led up to this modest mansion was a small cottage, pretty much in the situation of a porter's-lodge, though obviously not designed for such a purpose. The hut seemed comfortable, and more neatly arranged than is usual in Scotland; it had its little garden, where some fruit-trees and bushes were mingled with kitchen herbs; a cow and six sheep fed in a paddock hard by; the cock strutted and crowed, and summoned his family around him before the door; a heap of brush-