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RV 202 (BUDDENBROOKS) way, that I can’t speak of, Tom. You must know better than I. But the last straw was when Erica made a good marriage and he wormed around and wormed around until he managed to spoil it and get her husband shut up, through his brother, who is a cat! And now they have the nerve—”

“Listen, Tony. In the first place, we have nothing more to say in the matter. We made our bargain with Gosch, and he has the right to deal with whomever he likes. But there is a sort of irony about it, after all—”

“Irony? Well, if you like to call it that—but what I call it is a disgrace, a slap in the face; because that is just what it would be. You don’t realize what it would be like, in the least. But it would mean to everybody that the Buddenbrook family are finished and done for: they clear out, and the Hagenströms squeeze into their place, rattlety-bang! No, Thomas, never will I consent to sit by while this goes on. I will never stir a finger in such baseness. Let him come here if he dares. I won’t receive him, you may be sure of that. I will sit in my room with my daughter and my granddaughter, and turn the key in the door, and forbid him to enter.—That is just what I will do.”

“I know, Tony, you will do what you think best; and you will probably consider well beforehand if it will be wise not to preserve the ordinary social forms. For of course you don’t imagine that Consul Hagenström would feel wounded by your conduct? Not in the least, my child. It would neither please nor displease him—he would simply be mildly surprised, that is all. The trouble is, you imagine he has the same feelings toward you that you have toward him. That is a mistake, Tony. He does not hate us in the least. He doesn’t hate anybody. He is highly successful and extremely good-natured. As I’ve told you more than ten times already, he would speak to you on the street with the utmost cordiality if you didn’t put on such a belligerent air. I’m sure he is surprised at it—for two minutes; of course not enough to upset the equilibrium of a man to whom nobody can do any

RV 202 (202)


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RV 203 (BUDDENBROOKS) harm. What is it you reproach him with? Suppose he has outstripped me in business, and even now and then got ahead of me in some public affair? That only means he is a better business man and a cleverer politician than I am.—There’s no reason at all for you to laugh in that scornful way.——But to come back to the house. The truth is, it has lost most of its old significance for us—that has gradually passed over to mine. I say this to console you in advance; on the other hand, it is plain why Consul Hagenström is thinking of buying. These people have come up in the world, their family is growing, they have married into the Möllendorpf family, and become equal to the best in money and position. But so far, there has been something lacking, the outward sign of their position, which they were evidently willing to do without: the historic consecration—the legitimization, so to speak. But now they seem to have made up their minds to have that too; and some of it they will get by moving into a house like this one. You wait and see: mark my words, the Consul will preserve everything as much as possible as it is, he will even keep the ‘Dominus providebit’ over the door—though, to do him justice, it hasn’t been the Lord at all, but Hermann Hagenström himself, single-handed, that has put the family and the firm where they are!”

“Bravo, Tom! Oh, it does do me good to hear you say something spiteful about them once in a while! That’s really all I want! Oh, if I only had your head! Wouldn’t I just give it to him! But there you stand—”

“You see, my head doesn’t really do me much good.”

“There you stand, I say, with that awful calmness, which I simply don’t understand at all, and tell me how Hermann Hagenström does things. Ah, you may talk as you like, but you have a heart in your body, the same as I have myself, and I simply don’t believe you feel as calm inside as you make out. All the things you say are nothing but your own efforts to console yourself.”

“Now, Tony, you are getting pert. What I do is all you

RV 203 (203)

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


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 events of his life, and the gradual advancement of his fortune. His sentiments on pauperism are characteristic: "As for legacies for the poor," said he, "I am at a stand; as for beggars by trade and election, I give them nothing; as for impotents by the hand of God, the public ought to maintain them; as for those who have been bred to no calling nor estate, they should be put upon their kindred; wherefore I am contented that I have assisted all my poor relations, and put many into a way of getting their own bread; have laboured in public works; and by inventions have sought out real objects of charity; and I do hereby conjure all who partake of my estate, from time to time, to do the same at their peril. Nevertheless to answer custom, and to take the surer side, I give 201. to the most wanting of the parish wherein I die." He was interred in the fine old Norman church of Romsey—the town wherein he was born a poor man's son—and on the south side of the choir is still to be seen a plain slab, with the inscription, cut by an illiterate workman, "Here Layes Sir William Petty."

Another family, ennobled by invention and trade in our own day, is that of Strutt of Belper. Their patent of nobility was virtually secured by Jedediah Strutt in 1758, when he invented his machine for making ribbed stockings, and thereby laid the foundations of a fortune which the subsequent bearers of the name have largely increased and nobly employed. The father of Jedediah was a farmer and maltster, who did but little for the education of his children; yet they all prospered. Jedediah was the second son, and when a boy assisted his father in the work of the farm. At an


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RV 204 (BUDDENBROOKS) have anything to do with—what I think is my own affair.”

“Tell me one thing, Tom: wouldn’t it be like a nightmare to you?”

“Exactly.”

“Like something you dreamed in a fever?”

“Why not?”

“Like the most ridiculous kind of farce?”

“There, there, now, that’s enough!”

And Consul Hagenström appeared in Meng Street, accompanied by Herr Gosch, who held his Jesuit hat in his hand, crouched over like a conspirator, and peered past the maid into the landscape-room even while he handed her his card.

Hermann Hagenström looked the City man to the life: an imposing Stock Exchange figure, in a coat the fur of which seemed a foot long, standing open over an English winter suit of good fuzzy yellow-green tweed. He was so uncommonly fat that not only his chin, but the whole lower part of his face, was double—a fact which his full short-trimmed blond beard could not disguise. When he moved his forehead or eyebrows, deep folds came even in the smoothly shorn skin of his skull. His nose lay flatter upon his upper lip than ever, and breathed down into his moustaches. Now and then his mouth had to come to the rescue and fly open for a deep breath. When it did this it always made a little smacking noise, as the tongue came away from the roof of his mouth.

Frau Permaneder coloured when she heard this once well-known sound. A vision of lemon buns with truffled sausage on top, almost threatened, for a moment, the stony dignity of her bearing. She sat on the sofa, her arms crossed and her shoulders lifted, in an exquisitely fitting black gown with flounces up to the waist, and a dainty mourning cap on her smooth hair. As the two gentlemen entered, she made a remark to her brother the Senator, in a calm, indifferent tone. He had not had the heart to leave her in the lurch at this hour; and he now walked to the middle of the room to meet their

RV 204 (204)


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 early age he exhibited a taste for mechanics, and introduced several improvements in the rude agricultural implements of the period. On the death of his uncle he succeeded to a farm at Black-wall, near Normanton, long in the tenancy of the family, and shortly after he married Miss Wollatt, the daughter of a Derby hosier. Having learned from his wife's brother that various unsuccessful attempts had been made to manufacture ribbed stockings, he proceeded to study the subject with a view to effect what others had failed in accomplishing. He accordingly obtained a stocking-frame, and after mastering its construction and mode of action, he proceeded to introduce new combinations, by means of which he succeeded in effecting a variation in the plain looped-work of the frame, and was thereby enabled to turn out "ribbed" hosiery. Having secured a patent for the improved machine, he removed to Derby, and there entered largely on the manufacture of ribbed stockings, in which he was very successful. He afterwards joined Arkwright, of the merits of whose invention he fully satisfied himself, and found the means of securing his patent, as well as erecting a large cotton-mill at Cranford, in Derbyshire. After the expiry of the partnership with Arkwright, the Strutts erected extensive cotton-mills at Milford, near Belper, which worthily gives its title to the present head of the family. The sons of the founder were, like their father, distinguished for their mechanical ability. Thus William Strutt, the eldest, is said to have invented a self-acting mule, the success of which was only prevented by the mechanical skill of that day being unequal to its manufacture. Edward, the son of William, was a


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 . He took part in a performance of Kuhlau's quartett for four flutes at a musical evening in honour of Madame Schumann on the occasion of her visit to that city. He did not keep up his flute-playing in after-life, but doubtless he gained invaluable knowledge of the instrument in those two years. When his first Suite for orchestra was produced in 1879 in Moscow, the conductor complained that a passage for three flutes, playing triplets for twenty-two bars without a break for breathing, and also one in the andante, where the flute and clarinet have triplets in semi-quavers, were too difficult, and went very badly at rehearsal, and even at the concert. To this objection the composer replied that the flute could play such a passage for two hundred and twenty bars: "It would be very innocent to imagine that this must be done in one breath; they could breathe every time. I play the flute a little myself, and I am certain of it" (Letter, January 4th, 1880). None of Tschaïkowsky's flute passages, though often difficult, are unplayable or impossible. He makes most effective use of the instrument, especially in his scherzo movements, and gives it very considerable prominence, often allotting it the melody, accompanied by the other wind (e.g., the Fourth and Sixth Symphonies). On the other hand, he often gives the accompaniment to the flute, whilst the strings play the melody (e.g., finale to Fourth Symphony). In the Sixth Symphony (finale) three flutes play in unison on the low notes, along with the bassoon, as an


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RV 205 (BUDDENBROOKS) guests, while Tony remained on the sofa. He exchanged a hearty greeting with Herr Gosch and a correct and courteous one with the Consul; then Tony rose of her own accord, performed a measured bow to both of them at once, and, without any excess of zeal, associated herself with her brother’s invitation to the two gentlemen to be seated.

They all sat down, and the Consul and the broker talked by turns for the next few minutes. Herr Gosch’s voice was offensively obsequious as he begged them to pardon the intrusion on their privacy—you could hear a malign undercurrent in it none the less—but Herr Consul Hagenström was anxious to go through the house with a view to possible purchase. And the Consul, in a voice that again called up visions of lemon-bun and goose-liver, said the same thing in different words. Yes, in fact, this was the idea he had in mind and hoped to be able to carry out—provided the broker did not try to drive too hard a bargain with him, ha, ha! He did not doubt but the matter could be settled to the satisfaction of everybody concerned.

His manner was free and easy and like a man of the world’s, which did not fail to make a certain impression on Madame Permaneder; the more so that he nearly always turned to her as he spoke. His tone was almost apologetic when he went into detail upon the grounds for his desire to purchase. “Room!” he said. “We need more room. My house in Sand Street—you wouldn’t believe it, my dear madam, nor you, Herr Senator, but in fact, it is getting so small we can’t turn round in it. I’m not speaking of company. It only takes the family, and the Huneus, and the Möllendorpfs and my brother Moritz’s family, and there we are—in fact, packed in like sardines. So, then—well, why should we, you know!”

He spoke in an almost fretful tone, while manner and gestures expressed: “You see for yourselves, there’s no reason why I should put up with that sort of thing, when there is plenty of money to do what we like!” RV 205 (205)


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RV 206 (BUDDENBROOKS) “I thought of waiting,” he went on, “till Zerline and Bob should want a house. Then they could take mine, and I could find something larger for myself. But in fact—you know,” he interrupted himself, “my daughter Zerline has been engaged to Bob, my brother the attorney’s eldest, for years. The wedding won’t be put off much longer—two years at most. They are young—so much the better. Well—in fact—why should I wait for them and let slip a good chance when it offers? There would be no sense in that.”

Everybody agreed. The conversation paused for a while on the subject of the approaching wedding. Marriages—advantageous marriages—between first cousins were not uncommon in the town, and this one excited no disapproval. The plans of the young pair were inquired into—with reference to the wedding journey. They thought of going to the Riviera, to Nice and so on. That was what they seemed to want to do—and why shouldn’t they, you know? The younger children were mentioned, and the Consul spoke of them with easy satisfaction, shrugging his shoulders. He himself had five children, and his brother Moritz had four sons and daughters. Yes, they were all flourishing, thanks. Why shouldn’t they be,—you know? In fact, they were all very well. And he came back to the growing up of the family, and to their narrow quarters. “Yes, this is something else entirely,” he said. “I’ve seen that already, on the way upstairs. This house is a pearl, certainly a pearl—if you can compare anything so large with anything so small, ha, ha! Why, even the hangings here—I own up to having had my eye on the hangings all the time I’ve been talking. A most charming room—in fact. When I think that you have passed all your life in these surroundings—in fact—”

“With some interruptions,” said Frau Permaneder, in that extraordinarily throaty voice of which she sometimes availed herself. RV 206 (206)


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 man of eminent mechanical genius, having early discovered the principle of suspension-wheels for carriages: he had a wheelbarrow and two carts made on the principle, which were used on his farm near Belper. It may be added that the Strutts have throughout been distinguished for their noble employment of the wealth which their industry and skill have brought them; that they have sought in all ways to improve the moral and social condition of the work-people in their employment; and that they have been liberal donors in every good cause—of which the presentation, by Mr. Joseph Strutt, of the beautiful park or Arboretum at Derby, as a gift to the townspeople for ever, affords only one of many illustrations. The concluding words of the short address which he delivered on presenting this valuable gift are worthy of being quoted and remembered:—"As the sun has shone brightly on me through life, it would be ungrateful in me not to employ a portion of the fortune I possess in promoting the welfare of those amongst whom I live, and by whose industry I have been aided in its organization."

No less industry and energy have been displayed by the many brave men, both in present and past times, who have earned the peerage by their valour on land and at sea. Not to mention the older feudal lords, whose tenure depended upon military service, and who so often led the van of the English armies in great national encounters, we may point to Nelson, St. Vincent, and Lyons—to Wellington, Hill, Hardinge, Clyde, and many more in recent times, who have nobly earned their rank by their distinguished services. But plodding industry has far oftener worked its way to the peerage by the


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RV 207 (BUDDENBROOKS) “Oh, yes, interruptions,” repeated the Consul, with a civil smile. Then he glanced at Senator Buddenbrook and the broker; and, as those gentlemen were in conversation together, he drew up his chair to Frau Permaneder’s sofa and leaned toward her, so that she felt his heavy breathing close under her nose. Being too polite to turn away, she sat as stiff and erect as possible and looked down at him under her drooping lids. But he was quite unconscious of her discomfort.

“Let me see, my dear Madame Permaneder,” he said. “Seems to me we’ve done business together before now. In fact—what was it we were dickering over then? Sweetmeats, wasn’t it, or tit-bits of some sort—and now a whole house!”

“I don’t remember,” said Frau Permaneder. She held her neck as stiff as she could, for his face was really disgustingly, indecently near.

“You don’t remember?”

“No, really, I don’t remember anything at all about sweetmeats. I have a sort of hazy recollection of lemon-buns, with sausage on top—some disgusting sort of school luncheon—I don’t know whether it was yours or mine. We were all children then.—But this matter of the house is entirely Herr Gosch’s affair. I have nothing to do with it.”

She gave her brother a quick, grateful look, for he had seen her need and come to her rescue by asking if the gentlemen were ready to make the round of the house. They were quite ready, and took temporary leave of Frau Permaneder, expressing the hope of seeing her again when they had finished. The Senator led the two gentlemen out through the dining-room.

He took them upstairs and down, and showed them the rooms in the second storey as well as those on the corridor of the first, and the ground floor, including the kitchen and cellars. As the visit fell in business hours, they refrained from visiting the offices of the Insurance Company. But the new Director was mentioned, and Consul Hagenström

RV 207 (207)


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RV 208 (BUDDENBROOKS) declared him to be a very honest chap—a remark which was received by the Senator in silence.

They went through the garden, lying bare and wretched under half-melting snow, looked at the Portal, and returned to the laundry, in the front courtyard; and thence by the narrow paved walk that led between walls to the back courtyard with the oak-tree, and the “back building.” Here there was nothing but old age, neglect, and dilapidation. Grass and moss grew between the paving-stones, the steps were in a state of advanced decay, and they could only look into the billiard-room without entering,—the floor was so bad—so the family of cats that lived there rent-free was not disturbed.

Consul Hagenström said very little—he was obviously planning. “Well, yes,” he kept saying, as he looked and turned away, suggesting by his manner that in case he bought the house all this would of course be different. He stood, with the same air, on the ground-floor of the back building and looked up at the empty attic. “Yes, well,” he repeated, and set in motion the thick, rotting cable with a rusty iron hook on the end that had been hanging there for years. Then he turned on his heel.

“Best thanks for your trouble, Herr Senator,” he said. “We’re at the end, I suppose.” He scarcely uttered a word on the rapid return to the front building, or later when the two gentlemen paid their respects to Frau Permaneder in the landscape-room and the Senator accompanied them down the steps and across the entry. But hardly had they said good-bye and Consul Hagenström turned with his companion to walk down the street, when it was seen that a very lively conversation began at once between the two.

The Senator returned to the room where Frau Permaneder, with her severest manner, sat bolt upright in the window, knitting with two huge wooden needles a black worsted frock for her granddaughter Elisabeth, and now and then casting a glance into the gossip’s glass. Thomas walked up and

RV 208 (208)


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RV 209 (BUDDENBROOKS) down a while in silence, with his hands in his trousers pockets.

“Yes, we have put it in the broker’s hands,” he said at length. “We must wait and see what comes of it. My opinion is that he will buy the whole property, live here in the front, and utilize the back part in some other way.”

She did not look at him, or change her position, or cease to knit. On the contrary, the needles flew back and forth faster than ever.

“Oh, certainly—of course he’ll buy it. He’ll buy the whole thing,” she said, and it was her throaty voice she used. “Why shouldn’t he buy it—you know? In fact, there would he no sense in that at all!”

She raised her eyebrows and looked severely through her pince-nez—which she now used for sewing, but never managed to put on straight—at her knitting-needles. They flew like lightning round and round each other, clacking all the while.

Christmas came: the first Christmas without the Frau Consul. They spent the evening of the twenty-fourth at the Senator’s house, without the old Krögers and without the Misses Buddenbrook; for the old children’s day had now ceased to exist, and Thomas Buddenbrook did not feel like making presents to everybody who used to attend the Frau Consul’s celebration. Only Frau Permaneder and Erica, with little Elisabeth, Christian, Clothilde, and Mademoiselle Weichbrodt, were invited. The latter insisted on holding the customary present-giving on the twenty-fifth, in her own stuffy little rooms, where it was attended with the usual mishap.

There was no troop of poor retainers to receive shoes and woollen underwear, and there were no choir-boys, when they assembled in Fishers’ Lane on the twenty-fourth. They joined quite simply together in “Holy Night,” and Therese Weichbrodt read the Christmas chapter instead of the Frau

RV 209 (209)


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Talk:Law of the Republic of Indonesia Number 3 of 2022 on The Nation's Capital

Heading
The lines "ACT NUMBER 19 YEAR 2002 / COPYRIGHT ACT" seem to have been copied from that other act, but with no source given, how can we be sure ? -- Beardo (talk) 04:38, 27 February 2024 (UTC)


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RV 210 (BUDDENBROOKS) Senator, who did not particularly care for such things. Then they went through the suite of rooms into the hall, singing in a subdued way the first stanza of “O Evergreen.”

There was no special ground for rejoicing. Nobody’s face was beaming with joy, there was no lively conversation. What was there to talk about? They thought of the departed mother, discussed the sale of the house and the well-lighted apartment which Frau Permaneder had rented in a pleasant house outside Holsten Gate, with a view on the green square of Linden Place, and what would happen when Hugo Weinschenk came out of prison. At intervals little Johann played on the piano something which he had been learning with Herr Pfühl, or accompanied his mother, not faultlessly, but with a lovely singing tone, in a Mozart sonata. He was praised and kissed, but had to be taken off to bed by Ida Jungmann, for he was pale and tired on account of a recent stomach upset.

Even Christian was disinclined to talk or joke. After the violent altercation in the breakfast-room he had not let fall another syllable about getting married. He lived on in the old way, on terms with his brother which were not very honourable to himself. He made a brief effort, rolling his eyes about, to awaken sympathy in the company for the misery in his side; went early to the club; and came back to supper, which was held after the prescribed traditions. And then the Buddenbrooks had this Christmas too behind them, and were glad of it.

In the beginning of the year 1872, the household of the deceased Frau Consul was broken up. The servants went, and Frau Permaneder thanked God to see the last of Mamsell Severin, who had continued to question her authority in the most unpleasant manner, and now departed with the silk gowns and linen which she had accumulated. Furniture wagons stood before the door, and the old house was emptied of its contents. The great carved chest, the gilt candelabra, and the other things that had fallen to his share, the Senator

RV 210 (210)


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RV 211 (BUDDENBROOKS) took to his house in Fishers’ Lane; Christian moved with his into a three-room bachelor apartment near the club; and the little Permaneder-Weinschenk family took possession with theirs of the well-lighted flat in Linden Place, which was after all not without some claims to elegance. It was a pretty little apartment, and the front door of it had a bright copper plate with the name A. Permaneder-Buddenbrook, Widow, in ornamental lettering.

The house in Meng Street was hardly emptied when a host of workmen appeared and began to tear down the back-building; the dust from the old mortar darkened the air. The property had passed into the hands of Consul Hermann Hagenström. He had set his heart upon it, and had outbid an offer which Sigmund Gosch received for it from Bremen. He immediately began to turn it to the best advantage, in the ingenious way for which he had been so long admired. In the spring he moved with his family into the front house, where he left everything almost untouched, save for the necessary renovations and certain very modern improvements. For instance, he had the old bell-pulls taken out and the house fitted throughout with electric bells. And hardly had the back-building been demolished when a new, neat, and airy structure rose in its place, which fronted on Bakers’ Alley and was intended for shops and warehouses.

Frau Permaneder had frequently sworn to her brother that no power on earth could bring her ever to look at the parental home again. But it was hardly possible to carry out this threat. Her way sometimes led her of necessity past the shops which had been quickly and advantageously rented, and past the show-windows of the back-building, or the dignified gable front on the other side, where now, beneath the “Dominus Providebit,” was to be read the name of Consul Hermann Hagenström. When she saw that, Frau Permaneder, on the open street, before ever so many people, simply began to weep aloud. She put back her head like a bird beginning to sing, pressed her handkerchief to her eyes, uttered a wail of

RV 211 (211)


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RV 212 (BUDDENBROOKS) mingled protest and lament, and, giving no heed to the passers-by or to the remonstrances of her daughter, gave her tears free vent.

They were the unashamed, refreshing tears of her childhood, which she still retained despite all the storms and shipwrecks of her life.

RV 212 (212)


text: Buddenbrooks/Volume 2/Part 9/Chapter 1

title: Buddenbrooks/Volume 2/Part 9/Chapter 1


text: Buddenbrooks/Volume 2/Part 9/Chapter 2

title: Buddenbrooks/Volume 2/Part 9/Chapter 2


text: Buddenbrooks/Volume 2/Part 9/Chapter 3

title: Buddenbrooks/Volume 2/Part 9/Chapter 3


text: Buddenbrooks/Volume 2/Part 9/Chapter 4

title: Buddenbrooks/Volume 2/Part 9/Chapter 4


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Richardson v. Wright/Dissent Brennan

MR. JUSTICE BRENNAN, with whom MR. JUSTICE DOUGLAS and MR. JUSTICE MARSHALL join, dissenting.

I respectfully dissent. The Court justifies today's sua sponte action on the ground that if reprocessing under the Secretary's new regulations "results in a determination of entitlement to disability benefits, there will be no need to consider the constitutional claim that claimants are entitled to an opportunity to make an oral presentation." (Emphasis by the Court.) Avoidance of unnecessary constitutional decisions is certainly a preferred practice when appropriate. But that course is inappropriate, indeed irresponsible, in this instance. We will not avoid the necessity of deciding the important constitutional question presented by claimants even should they prevail upon the Secretary's reconsideration. The question is being pressed all over the country. The Secretary's brief lists no less than seven cases presenting it with respect to disability benefits and 10 cases presenting it with respect to nondisability benefits.

[p213] The Secretary's new regulations permit discontinuance of disability benefits without affording beneficiaries procedural due process either in the form mandated by Goldberg v. Kelly, 397 U.S. 254 (1970), or in the form mandated by the District Court, 321 F. Supp. 393 (DC 1971). The regulations require only that the beneficiary be informed of the proposed suspension or termination and the information upon which it is based and be given an opportunity to submit a written response before benefits are cut off. This procedure does not afford the beneficiary, as Goldberg requires for welfare and old-age recipients, an evidentiary hearing at which he may personally appear to offer oral evidence and confront and cross-examine adverse witnesses. Nor does the procedure satisfy the requirements of due process as determined by the District Court. That court held that the beneficiary must be given not only notice but also, before he responds, a "reasonable opportunity to examine the documentary evidence" upon which the Secretary relies and, in case of conflict in the evidence, a decision by an impartial decision-maker. The court said, however, that an evidentiary hearing and opportunity to confront adverse witnesses [p214] were not necessary, although "a hearing could be held" if the beneficiary "submitted some evidence that contradicts that possessed by the Administration." 321 F. Supp., at 387. Thus, under both Goldberg and the District Court's decision, the omissions in the Secretary's new regulations are fatal to the constitutional adequacy of the procedures. Because we may imminently be confronted with another case presenting the question, and because its resolution is vitally essential to the administration of an important Government program, today's action in avoiding decision of the constitutional question is not a responsible exercise of that practice. We gain a brief respite for ourselves while the Secretary, state agencies, and beneficiaries continue confused and uncertain. Moreover, the question has been thoroughly and ably argued and briefed on both sides, and we have the benefit of thoughtful and well-considered majority and dissenting opinions in the District Court. Today's disposition results in an unjustified waste, not only of our own all too sparse time and energies, but also of the time and energies of the three judges of the District Court who must again suspend their own heavy calendars to assembly for what can only be an empty exercise. I cannot join in the Court's abdication of our responsibility to decide this case.

Both the beneficiaries and the Secretary appeal from the District Court's judgment. The beneficiaries contend that the District Court erred in not holding that the procedure must afford an evidentiary hearing as in Goldberg. The Secretary contends that procedural due process requirements are satisfied by the "paper" hearing afforded by his new regulations. I agree with the beneficiaries and would therefore vacate the judgment of the District Court and remand with direction to enter a new judgment requiring the procedures held in Goldberg to be requisite with respect to discontinuance of welfare [p215] and old-age benefits. See Wheeler v. Montgomery, 397 U.S. 280 (1970).

Section 225 of the Social Security Act, 42 U.S.C. § 425, provides that "[i]f the Secretary, on the basis of information obtained by or submitted to him, believes that an individual entitled to benefits... may have ceased to be under a disability, the Secretary may suspend the payment of benefits... until it is determined... whether or not such individual's disability has not ceased." The District Court held the statute unconstitutional on the ground that "[t]he ex-parte suspension power granted to the Secretary by section 225 is summary adjudication that is inconsistent with the requirements of due process." 321 F. Supp., at 386.

The Secretary does not challenge that holding in this Court as applied to his now-discarded procedures. Rather, the Secretary insists that the "hearing on paper" afforded to disability beneficiaries by his new regulations is constitutionally sufficient. The Secretary does not contend that disability beneficiaries differ from welfare and old-age recipients with respect to their entitlement to benefits or the drastic consequences that may befall them if their benefits are erroneously discontinued. The only distinctions urged are that the evidence ordinarily adduced to support suspension and termination of disability benefits differs markedly from that relied upon to cut off welfare benefits and that an undue monetary and administrative burden would result if prior hearings were required. Neither distinction withstands analysis.

First. The Secretary points out that the decision to discontinue disability benefits is generally made upon the basis of wage reports from employers and reports of medical examinations. This evidence, in the Secretary's view, "is highly reliable and not of a type that draws into issue veracity or credibility." Brief 10. [p216] "The basis upon which disability benefits are suspended or terminated thus differs significantly from that upon which the terminations of welfare benefits involved in [Goldberg] rested." Id., at 25. Hence, the Secretary concludes, while procedural due process requires a pre-termination evidentiary hearing for welfare and old-age recipients, for disability beneficiaries a written presentation will suffice.

The Secretary seriously misconstrues the holding in Goldberg. The Court there said that "the pre-termination hearing has one function only: to produce an initial determination of the validity of the welfare department's grounds for discontinuance of payments in order to protect a recipient against an erroneous termination of his benefits." 397 U.S., at 267. The Secretary does not deny that due process safeguards fulfill the same function in disability cases. In Goldberg, the Court held that welfare recipients were entitled to hearings because decisions to discontinue benefits were challenged "as resting on incorrect or misleading factual premises or on misapplication of rules or policies to the facts of particular cases." Id., at 268. The Court expressly put aside consideration of situations "where there are no factual issues in dispute or where the application of the rule of law is not intertwined with factual issues." Id., at 268 n. 15. However reliable the evidence upon which a disability determination is normally based, and however rarely it involves questions of credibility and veracity, it is plain that, as with welfare and old-age determinations, the determination that an individual is or is not "disabled" will frequently depend upon the resolution of factual issues and the application of legal rules to the facts found. It is precisely for that reason that a hearing must be held.

The Secretary, of course, recognizes that disability determinations often involve factual disputes. His new [p217] procedures, as well as the post-termination procedures already available, presumably derive from that premise. The beneficiary may file a written response presenting rebuttal evidence before his benefits are suspended or terminated; after termination, he is entitled to reconsideration, based upon written submissions, and then a de novo evidentiary hearing, administrative appellate review of the hearing examiner's decision, and, finally, judicial review. Nevertheless, the Secretary insists that the decision to discontinue disability benefits differs from the decision to discontinue welfare benefits because the latter "may" be based upon "personal and social situations brought to the attention of the authorities by tips, rumor, or gossip." Brief 25. Yet it is irrelevant how the matter is "brought to the attention of the authorities," whether "by tips, rumor or gossip" or otherwise. The question in a welfare determination, as in a disability determination, is simply whether the recipient continues to be eligible for benefits. Nor does the Secretary make clear the relevance of "personal and social situations." The Secretary does say that "[o]ne of the recipients in [Goldberg], for example, had been cut off because of her alleged failure to cooperate with welfare authorities in suing her estranged husband; payments to another were terminated because of alleged drug addiction." Ibid. The second recipient, however, was cut off because "he refused to accept counseling and rehabilitation." 397 U.S., at 256 n. 2. Consequently, both recipients lost their benefits for refusing to cooperate with the authorities. That, however, is no distinction from disability cases, for disability benefits will also be discontinued if the beneficiary refuses to cooperate.

To support the assertion that pre-termination hearings are required in welfare cases because "credibility and veracity" are in issue, the Secretary focuses upon [p218] certain language in Goldberg. He first quotes the statement that "[p]articularly where credibility and veracity are at issue, as they must be in many termination proceedings, written submissions are a wholly unsatisfactory basis for decision." Id., at 269. Apart from the obvious fact that that was not an absolute statement intended to limit hearings solely to those instances, it was but one of three reasons given to demonstrate that written submissions are insufficient. The Court also said that written submissions "are an unrealistic option for most recipients, who lack the educational attainment necessary to write effectively and who cannot obtain professional assistance" and that they "do not afford the flexibility of oral presentations; they do not permit the recipient to mold his argument to the issues the decisionmaker appears to regard as important." Ibid. Significantly, the Secretary does not deny that those reasons are as fully applicable to disability beneficiaries as to welfare recipients.

The Secretary also relies upon the statement, quoted in Goldberg from Greene v. McElroy, 360 U.S. 474, 496 (1959), that: "'[W]here governmental action seriously injures an individual, and the reasonableness of the action depends on fact findings, the evidence used to prove the Government's case must be disclosed to the individual so that he has an opportunity to show that it is untrue. While this is important in the case of documentary evidence, it is even more important where the evidence consists of the testimony of individuals whose memory might be faulty or who, in fact, might be perjurers or persons motivated by malice, vindictiveness, intolerance, prejudice, or jealousy. We have formalized these protections in the requirements of confrontation and cross-examination. 397 U.S., at 270 (emphasis added)." [p219] Again, however, the statement hardly indicates that confrontation and cross-examination are available to welfare recipients only because "credibility and veracity" are in issue. An individual has those rights because facts are in issue, as the statement makes clear. Moreover, the Court introduced its quotation of that statement in Goldberg by pointing out that "[i]n almost every setting where important decisions turn on questions of fact, due process requires an opportunity to confront and cross-examine adverse witnesses." Id., at 269 (emphasis added). And, even assuming the validity of the novel doctrine that confrontation and cross-examination are available solely for the purpose of testing "credibility and veracity," that would not justify depriving the disability beneficiary of "an effective opportunity to defend... by presenting his own arguments and evidence orally." Id., at 268. Finally, I see no reason to suppose, nor does the Secretary suggest any, that the "credibility and veracity" of doctors and employers can never be in issue in a disability case. Indeed, the Secretary's new regulations indicate that they may. See Disability Ins. State Manual § 353.

The premise of the Secretary's entire argument is that disability benefits are discontinued "only on the basis of an objective consideration—that the previous disability has ceased—and that conclusion rests on reliable information. Brief 26. Whether or not the information is reliable, the premise is questionable. The Secretary himself emphasizes that disability determinations require "specialized medical and vocational evaluations" and not simply the acquisition of "medical and other relevant data." Id., at 28. In any event, there are three grounds, pertinent here, upon which disability can be found to have ceased. None can fairly be characterized by the term "objective."

[p220] First, cessation of disability may be found if the beneficiary refuses to cooperate with the social security authorities. 20 CFR § 404.1539 (c); see Claims Manual § 6706 (e). That judgment, of course, could be wholly subjective, as the Secretary points out with reference to welfare cases.

Second, cessation may be found if the beneficiary "has regained his ability to engage in substantial gainful activity... as demonstrated by work activity." 20 CFR § 404.1539 (a)(2); see Claims Manual § 6706 (a). That decision does not, as the Secretary appears to assert, rest solely "upon regular reports made by [the beneficiary's] employers to the government." Brief 25. Rather, "the work performed" by the beneficiary "may demonstrate" that he is no longer disabled, but only if it "is both substantial and gainful." "Substantial work activity involves the performance of significant physical or mental duties, or a combination of both, productive in nature." A finding of "substantial gainful activity" depends upon the nature of the work performed, the adequacy of the performance, and the special conditions, if any, of the employment, as well as an evaluation of the time spent and the amount of money earned by the beneficiary. 20 CFR §§ 404.1532-404.1534.

Third, cessation of disability may be found if the evidence establishes medical recovery. 20 CFR § 404.1539 (a)(1); see Claims Manual § 6706 (c). That decision, of course, will be based upon medical examinations, but it does not follow that it is necessarily "objective." "The function of deciding whether or not an individual is under a disability is the responsibility of the Secretary," and a medical conclusion that the beneficiary is or is not disabled "shall not be determinative of the question." 20 CFR § 404.1526. The Secretary's decision that a beneficiary's impairment "is no longer of such severity as to prevent him from engaging [p221] in any substantial gainful activity," 20 CFR § 404.1539 (a)(1), obviously depends upon more than an "objective" medical report, for the application of the legal standard necessarily requires the exercise of judgment. And, of course, multiple conflicting medical reports are "not uncommon." Richardson v. Perales, 402 U.S. 389, 399 (1971).

The Secretary's claim for "objectivity" is even less persuasive in the situation where a beneficary's benefits are suspended. "Benefits are suspended when information is received which indicates that the individual may no longer be under a disability." Claims Manual § 6708. Here, by definition, there has been no determination that disability has ceased.

Finally, the post-termination reversal rate for disability determinations makes the asserted "objectivity" even more doubtful. According to the Secretary's figures for 1971, 37% of the requests for reconsideration resulted in reversal of the determination that disability had ceased. Moreover, 55% of the beneficiaries who exercised their right to a hearing won reversal. While, as the Secretary says, these figures may attest to the fairness of the system, Richardson v. Perales, supra, at 410, they also appear to confirm that the Court's reference in Goldberg to "the welfare bureaucracy's difficulties in reaching correct decisions on eligibility." 397 U.S, at 264 n. 12, is fully applicable to the administration of the disability program.

Second. The Secretary also contends that affording disability beneficiaries the opportunity to participate in evidentiary hearings before discontinuance of their benefits will result in great expense and a vast disruption of the administrative system. This justification for denial of pre-termination hearings was, of course, specifically rejected in Goldberg, 397 U.S., at 265-266, and [p222] the Secretary offers no new considerations to support its acceptance.

In Goldberg, the Court pointed out "that termination of aid pending resolution of a controversy over eligibility may deprive an eligible recipient of the very means by which to live while he waits." 397 U.S., at 264 (emphasis in original). That statement applies equally to eligible disability beneficiaries, for, as the District Court noted and the Secretary does not deny, "a disability beneficiary is by definition unable to engage in substantial gainful activity and he would, therefore, be liable to sustain grievous loss while awaiting the resolution of his claim. 321 F. Supp., at 386. In view of that result, the District Court concluded that the "fiscal and administrative expenses to the government, whatever their magnitude, are insufficient justification considering the crippling blow that could be dealt to an individual in these circumstances. Ibid. The Secretary's response is simply to stress the magnitude of the burden.

Here, as in Goldberg, "[t]he requirement of a prior hearing doubtless involves some greater expense." 397 U.S., at 266. The Secretary points out that current procedures include a two-step determination of disability: first by the state agency, after a district office of the Social Security Administration has conducted a disability investigation, and then, on review of the state agency's determination, by the Administration's Bureau of Disability Insurance, which is located in Baltimore, Maryland. Thus, the Secretary says, a prior hearing "either would require the beneficiary to travel great distances or would necessitate that State or federal officials travel to the area in which the beneficiary resides, [p223] neither of which is practical." Brief 28-29. "Nor could the decision-making function be turned over to the Administration's district offices, which are located conveniently to the beneficiaries, without staffing them with individuals qualified to make the necessary medical and vocational judgment." Id., at 29. Hence, the Secretary concludes, prior hearings "would require massive restructuring of the existing administrative adjudicative process." Id., at 27.

Except for bald assertion, the Secretary offers nothing to indicate that any great burden upon the system would result if the state agencies conducted the hearings. Moreover, the Secretary omits even to mention the existence of the current post-termination hearing procedures. See 20 CFR §§ 404.917-404.941. It is reasonable to assume that the only "restructuring" necessary would be a change in the timing of the hearings. That was apparently the method by which the Secretary required the States to comply with Goldberg in the administration of various other social security programs, see 45 CFR § 205.10, 36 Fed. Reg. 3034-3035, and it would seem to be an equally available response here. While the administration of the disability program to provide prior hearings may involve "some greater expense," as the Court noted in Goldberg, 397 U.S., at 266, that expense should not be exaggerated in order to deprive disability beneficiaries of their right to "rudimentary due process," id., at 267.

The Secretary also claims that the requirement of prior hearings "would result in losses to the Social Security Trust Fund of nearly $16 million per year for disability cases and still greater sums when all Title II programs are considered." Brief 10. This conclusion does not follow from the facts the Secretary presents.

As to the disability program, the Secretary says that in 1971 there were 38,000 determinations that disability [p224] had ceased and that the average monthly benefit in those cases was $207. If, to provide prior hearings, terminations were delayed for two months, the Secretary says, the cost in benefits paid pending the hearings would approach $16 million. It is immediately apparent that this figure is grossly inflated.

First, this figure depends upon the unwarranted assumption that all beneficiaries will demand a prior hearing. The Secretary suggests no reason to suppose that would happen. In fact, while there were 38,000 disability cessations in 1971, there were only 10,942 requests for reconsideration, and although 6,885 cessations were affirmed on reconsideration, there were only 2,330 requests for hearings. These post-termination procedures, of course, were utilized by beneficiaries who could not present their views before termination. Under the new regulations, affording notice and the opportunity to respond in writing before termination, it may well be that even fewer beneficiaries will demand hearings. In any event, experience in the welfare area has not demonstrated that recipients abuse their right to pre-termination hearings, and the Secretary does not claim that disability beneficiaries will do so.

Second, the $16 million figure requires not only that all 38,000 beneficiaries request prior hearings, but also that they all lose. Yet, as noted above, 37% of the reconsiderations on written submissions and 55% of the post-termination hearings in 1971 resulted in reversal. The Secretary does not claim, nor is it conceivable, that in every case a prior hearing would uphold the initial determination that disability had ceased.

Third, not only must every beneficiary request a prior hearing and every hearing affirm cessation of disability, it must also be true, to reach the $16 million figure, that the Secretary will be unable to recover any of the benefits paid to beneficiaries pending the hearings. That result [p225] is unlikely. Section 204 (a)(1) of the Act, 42 U.S.C. § 404 (a)(1); see 20 CFR §§ 404.501-404.502, directs the Secretary, if he finds that there has been an over-payment, to require a refund from the beneficiary or to decrease any future benefits to which he may be entitled. Thus, if the beneficiary is not "disabled," he presumably can engage in "substantial gainful activity," and the Secretary may well secure a refund. If, on the other hand, the case is a close one and the beneficiary is later found to be "disabled" again, the Secretary may reduce his benefits. Furthermore, § 204 (b), 42 U.S.C. § 404 (b); see 20 CFR §§ 404.506-404.509, directs the Secretary not to require a refund or decrease benefits if the beneficiary "is without fault" and a refund or decrease "would defeat the purpose of" the Act or "would be against equity and good conscience." The Secretary's duty to waive claims for excess payments may well apply in many termination cases, particularly where the beneficiary is judgment proof. See 20 CFR § 404.508. Obviously, there is no loss to the social security fund if benefits paid to an ineligible beneficiary pending a hearing are subject to statutory waiver.

Fourth, the $16 million figure depends upon the stated premise that the requirement of a hearing would cause a two-month delay in the termination of benefits. The Secretary does not explain why he chose that time period. Under the new regulations, a beneficiary receives notice of the proposed discontinuance, is informed of the information upon which it is based, and is given the opportunity to submit a written response presenting rebuttal evidence. Only then is the disability determination made. It is difficult to believe that it would require another two months just to provide a hearing.

Finally, under § 223 (a)(1) of the Act, 42 U.S.C. § 423 (a)(1); see Claims Manual § 6707, benefits must be paid for two months after the month in which [p226] disability ceases. The $16 million figure depends upon the unwarranted assumption that all terminations occur at least two months after disability is found to have ceased. In this case, for example, the state agency determined that plaintiff Atkins' disability ceased in January. The Bureau of Disability Insurance approved that determination and on February 3 informed Atkins that his benefits would be terminated at the end of March. Thus, even assuming a two-month delay for a hearing, there would be no cost whatever to the trust fund.

Viewing Title II programs as a whole, the Secretary points out that there were nearly three million terminations of benefits in 1969. The vast majority of these terminations were for death, attainment of a certain age, and so forth, but the Secretary asserts that apart from those cases there were 515,189 terminations that would have been affected by the requirement of a prior hearing. That number, however, includes terminations based upon a student's leaving school, a change in a beneficiary's marital status, and the death or adoption of a child. Without those cases, the number drops to 186,035. Moreover, even this number includes disability terminations and the terminations of dependents based thereon. Putting aside those cases, the total appears to be somewhat closer to 100,000. While that is a substantial number of terminations, the Secretary does not indicate what issues are involved in making the decisions. As noted above, prior evidentiary hearings are necessary in disability cases because factual disputes exist. They may exist to a far lesser extent in other programs. Moreover, to whatever extent they do exist, the objections to the Secretary's inflated cost figure for disability terminations would seem to apply equally to nondisability terminations. In any event, the Secretary has simply provided the bare number of terminations, with no further information, and it [p227] is inappropriate, if not impossible, to decide what effect requiring prior hearings in disability cases will have on nondisability cases.

I do not deny that prior hearings will entail some additional administrative burdens and expense. Administrative fairness usually does. But the Secretary "is not without weapons to minimize these increased costs." Goldberg v. Kelly, 397 U.S., at 266. Despite the Secretary's protestations to the contrary, I believe that in the disability, as in the welfare, area "[m]uch of the drain on fiscal and administrative resources can be reduced by developing procedures for prompt pre-termination hearings and by skillful use of personnel and facilities." Ibid. The Court's conclusion on this point in Goldberg is fully applicable here: "'Indeed, the very provision for a post-termination evidentiary hearing... is itself cogent evidence that the State recognizes the primacy of the public interest in correct eligibility determinations and therefore in the provision of procedural safeguards. Thus, the interest of the eligible recipient in uninterrupted receipt of public assistance, coupled with the State's interest that his payments not be erroneously terminated, clearly outweighs the State's competing concern to prevent any increase in its fiscal and administrative burdens.' Ibid."

My answers to the Secretary's contentions are also the reasons I disagree with the majority of the District Court and agree with the dissenting judge. I would therefore vacate the judgment of the District Court and remand with direction to enter a new judgment requiring that disability benefits not be discontinued until the beneficiary has been afforded procedural due process in the form mandated by Goldberg with respect to discontinuance of welfare and old-age benefits.

title: Richardson v. Wright/Dissent Brennan


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text: Buddenbrooks/Volume 2/Part 10

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 to the melody on the string's; he also combines the low notes of the flute very effectively with the violas. He frequently gives the flute chromatic passages like this from the Fourth Symphony, and he, Fourth Symphony. often allots it little groups of five or six rapidly descending semi-tones. Probably the best-known flute passages in his works are the charming "Danse des Mirlitons" for three flutes, and the very remarkable and outstanding solo flute passage in the "Danse Chinoise" (Casse-Noisette Suite).

, Casse-Noisette Suite, Danse des Mirlitons.

, ib. Danse Chinoise.


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Requerimiento
What are you planning to do with this page. We do not normally have items solely in languages other than English in the mainspace. -- Beardo (talk) 05:27, 27 February 2024 (UTC)

 * Sorry about that, can you advise please? Hispanopedia (talk) 05:31, 27 February 2024 (UTC)
 * Spanish texts should be placed on the Spanish-langauge Wikisource, not here on the English Wikisource. --EncycloPetey (talk) 18:38, 27 February 2024 (UTC)
 * Sorry, I just saw that it actually exists already,
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title: User talk:Hispanopedia


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Page:The story of the flute (IA storyofflute1914fitz).djvu/200

 In the First Symphony the flutes have prominent solo parts in the Adagio, "Black land, foggy land," and in the Second Symphony we find a remarkable chromatic passage of eighteen bars' duration for the two flutes, accompanied only by strings pizzicato. He also uses the piccolo in all his symphonies, and allots it solo passages in the second and fourth.

, Fourth Symphony Scherzo.

The ultra-modern school of composers have absolutely no mercy on either the fingers or the lungs of the unfortunate flautist. Richard Strauss generally employs three flutes (often with a piccolo in addition), and he frequently assigns to all three parts finger-twisting passages of enormous difficulty. One of the characteristics of this school is to write passages of almost, if not quite, equal difficulty and importance for each of the flutes. These parts are often curiously interwoven. Some previous composers had occasionally given an important and difficult part to the second flute, as in Dvořák's Spectre's Bride and in Berlioz's Carnival Romain overture; but Strauss almost habitually exacts as much from his second and third flute-players as from his first. Thus in his Ein Heldenleben all three flutes have passages of extreme difficulty: he gives the third flute a passage running


text: The Works of Henry Fielding

title: The Works of Henry Fielding


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A2058

Rh An Ordinance to amend the Public Order Ordinance.

[]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council there of.

1. Short Title and commencement

(1) This Ordinance may be cited as the Public Order (Amendment) Ordinance 1995.

(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette.

2. Long title amended

The long title to the Public Order Ordinance (Cap. 245) is amended by adding “processions,” after “meetings,”.

3. Interpretation

Section 2 is amended—

 * (a) by repealing the definition of “political organization”;

 * (b) in the definition of “procession” by adding “, and includes any meeting held in conjunction with such procession” after “purpose”.

4. Prohibition of uniforms in connection with political objects

Section 4 is repealed.


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it all happened is no matter now. Only that it was in the upland plains which lie between the mountains, somewhere in the great north-west. What is a difference of five hundred miles in a land where counties are bigger than kingdoms? When it happened matters less. The memory of man, at the best, is short, and time has swept over the record of those days of which you are to hear, as a summer shower erases the footprints of great and small alike from the dust of the highway which they have passed.

That is a broad country, the inter-mountain plains of our north-west, as it should be. Much land is needed to make stage-room for the tragedies of life. For its merriment, there is not required so much space, that being a thing which can be put into a corner, leaving the vastitude open for the fight.

It all began for Rawlins when he was forced to take a job in the stockyards at Kansas City the autumn before, after he had failed to obtain a position on one of the newspapers of that self-proclaiming city by the stinking waters of the Kaw. There was that difference between what he wanted to do and what he was obliged to take: one was a position, the other was a job.

Back of the stockyards job there had been the venture into politics. Not on Rawlins' own account, cer-

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 tainly. He had gone out with the paint of the university still wet on him to put brains into Kansas politics, where that essential had been wanting, it appeared, for a long time. One who aspired to the governorship, with the United States Senate in the distant offing, had put young Rawlins into the editorship of a little boiler-plate weekly out in the short grass region. After a little more than a year of it the man who owned the paper decided Rawlins was not big enough for the task ahead of him. As for the editor, he had come to the emphatic conclusion quite a while ahead of his patron that Horace Greeley himself could not have boosted that man over the political fence.

Perhaps this is as far back as it is necessary to go in the history of a man who never became much of a hero at the best, and only mildly notable in a purely local way. Yet to explain that stockyards job it is only fair to Rawlins to say he was well qualified for it by early training. He was a product of the short grass region; he had left the cow camp for the campus; put down the branding-iron and reata to stumble along with the sage of the Sabine farm.

It was while on the stockyards job, shuttling cattle from pen to pen, that Rawlins became inoculated by the thought of sheep. He saw sheepmen come pouring trainload after trainload of lambs into the market for the Christmas trade, the increase and profit of their distant flocks, realizing such sums of money as newspaper reporters and editors could not hope to earn through the course of long and laborious lives. These sheepmen were so accustomed to gathering in the reward of their virtuous foresight that it seemed to

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 make them sad to pack up a few more bales of it to bulge out the sides of the banks back in Wyoming and Montana.

It was just one recurring cycle of money in the sheepmen's life, Rawlins came to see clearly. After cashing in on the Christmas lambs, or the Easter lambs, the sly fellows had nothing to do but go back home, knock around in their way of silent, greasy contentment until spring, when they would shear the fathers and mothers of the Christmas lambs, gather in another large mass of money for the clip, and grin a little, maybe, over the heft of it in their jeans. Better still, and more of it, the lady sheep, duly shorn, would be suckling then and there another crop of Christmas lambs. So it went in the sheepman's happy life.

To add to the felicity of the sheepman's condition, he had neither rent nor taxes to pay on the land that nurtured his flocks. He roamed them over the wide, unclaimed public domain of his vast States, into the hills and mountains for summer grazing, back to the open spaces, wind-swept and bare of snow, for winter feeding on grass that had cured on the stem as sweet as the most succulent hay of eastern meadows. Nature fed his sheep, nature fended them, with nothing more expensive than a herder to every two or three thousand to keep them from straying off and falling to the wolves.

That was the life for a fellow; that was the short cut to fortune, although there might not be any to either learning or political success. A sheepman's life was the life for him, Rawlins decided, determined to

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 lay the lines of his future to lead to that felicitous condition.

Working on that intention, he began to cultivate the acquaintance of sheepmen, even sheep-herders, who came to market from the far-off ranges beyond the mountains. He began to inquire and learn; to store up his information against the day of his need. Before long his plan lay straight ahead of him, with nothing left to do but invade the sheep country and put it into effect.

Sheepmen told him tales of men who had come to their country and made their start on a few pounds of beans tied in the corner of a sack; a few pounds of dried apples tied in the corner of a sack; a handful of oatmeal tied in the corner of a sack; a little of this, a little of that, never more than a little, and always tied in the corner of a sack. That method of transportation and conservation always gave the nucleus the common, human, down-to-the-grass-roots touch. Just a little of something in the corner of some old sack, to show that sheepmen's fortunes were not founded on over-reaching their fellow men.

What Rawlins was most deeply concerned about getting into the corner of a sack was money enough to buy two or three hundred head of sheep. The age of romance in the sheep business, the dried apple and bean era, was over with, he believed. Let him get enough money to buy two or three hundred head, then go to the sheep country and set up for a flockmaster from the very start.

Many of the old-timers had run sheep on share of the increase for several years, they had told him, be-

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 fore beginning for themselves. Sheep-herders had told him they were employed on the same condition. That would not be so bad for a man of timid spirit, but for one who had been in the business of making governors and senators, it appeared too servile, too tame. The dried-apple chaps were the kind.

Rawlins had learned that a rigorous climate was most favored by sheepmen. The same conditions which cause the sheep-herder to wear three coats and several layers of shirts bring out the long thick wool on the backs of his charges. A flockmaster of the north-west will tell you that sheep spread out and lie far apart, even on the coldest nights of that bleak and bitter land; that they are as warm as stoves; that they thaw the snow around them for several feet as they lie asleep in comfort, without fold or fending except for a hill behind them to break the rough of the wind. All of which a greenhorn may believe or reject, according to his wisdom, and general judgment of the veracity of men and the heat of sheep.

Rawlins had chosen the latitude for his future operations. Concerning the longitude, he was yet uncertain. Five hundred miles, as has been said, makes little difference in a country so wide and deep as that Rawlins had fixed his hopes upon. He had maps from the Department of the Interior, covering public lands in two States of the north-west. After much investigation he had settled in his mind upon one, the exact spot in that one, where the foundation of his fortunes was to be laid.

On the map—Rawlins never had been west of Kansas—the region selected appeared white and sterile,

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 watered by few streams, blank-staring, repellent. It could not be any bleaker in fact than it was in print, Rawlins well believed, even when winter had it locked under a pressure of thirty below zero, as he knew it frequently fell in that latitude so favorable to a long and heavy fleece.

There was public land to be entered in that place, millions of acres of it, for civilization had reached only a sprangling branch into that country at the time Rawlins put his finger down on the map and made his selection, his determined eyes toward the west. Right there, said Rawlins; that was the very spot. All that was wanting was a few pounds of something in the corner of a sack.

Rawlins began to count his money and make long calculations, to palpitate and sweat over it in anxiety lest sheepmen should have all that white place on the map gobbled up before he could break away from the stockyards job with enough in his pocket to justify the dash. He was dubious over the efficiency of this hoard, even when he cashed in on the job one spring day and turned his face toward the sheeplands of the west.

At the end of the railroad reaching into the sheep country in those days the little city of Jasper lay. Jasper was the wool capital of the north-west, as it remains, even to this day. Wool buyers from Boston, which is the wool capital of the world, came to Jasper in the spring to buy the clip. They took away millions of pounds of wool, leaving millions of dollars in the banks of Jasper and the far-lying villages of the great, grey sheeplands.

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 When Rawlins arrived at Jasper on a day late in May, the clip was already coming down from distant shearing-pens, the long wool-sacks heaped on wagons coupled in trains. The pens at Jasper were crowded with thousands of dusty sheep waiting their turn at the shearers' hands, their coats brown from sun, soil and storm, their lamentations sounding as the wailings of Israel beside the waters of Babylon, rising in sad chorus night and day.

There was plenty of land left to the homesteader in the place where Rawlins had put his finger on the map, he found by inquiry at the United States land office in Jasper. The commissioner was a newspaper man on the side, very much of the kind Rawlins himself had been. He gave what information he had cheerfully enough, but seemed to look on Rawlins as a sort of oddity wanting to range off that way and go in for sheep. Rawlins thought he scorned him a little for his apostasy to the fraternity.

No stage ran from Jasper into the Dry Wood region, as that particular section upon which Rawlins had fixed his preference was called. He should have gone in on the railroad that skirted the Dry Wood country on the north, they said. A stage ran between the railroad and Lost Cabin, the business center of the locality for which he was bound.

The only way to get into Dry Wood from Jasper was to buy a horse, hire one, or walk. For a man with less than five hundred dollars in the corner of his sack, buying a horse for which he might not have any future need would be folly; to hire one, extravagance.

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 There being no established rule against walking in that country, Rawlins determined to walk.

Oh, yes, plenty of people walked around in that country, the land-commissioner-editor said. Sheep-herders, mainly, and shearers on the go from job to job. Nobody cared how a man traveled, as far as he knew, the official said. It was only about a hundred miles; a man with a good leg and sound wind ought to make it in three or four days.

Rawlins thought so too. He rolled such of his possessions as he felt he should have immediate need for, making them as few as possible, in a blanket and roped it neatly; bought a canteen and put his foot on the road. It was a well-worn road, appearing as if much business must flourish along its way.

Except the newness of the blanket, and the rope binding it, there was nothing in the traveler's appearance either conspicuously strange or raw. He was a pretty well-set-up young fellow of twenty-five or six, perhaps a little above the general stature, quick-striding, alert. A fair-skinned man, rather large of visage, especially as to the nose and mouth; his hair dark, eyes grey, direct, deep-probing. At times he whistled a little tune with a peculiar melodious sharpness through his teeth as he walked, drawing his lips back to give it passage, making him seem to smile.

His brown duck coat and tall laced boots he had worn on the stockyards job; they were seasoned with livestock association. Likewise his broad-brimmed grey hat, of pattern in keeping with the accepted standards of the sheep country. He would pass very well in the eyes of ranchmen and flockmasters met on

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 the road for a young fellow with his foot in his hand on the look-out for a job.

The way into the Dry Wood country lay along the river beside which the town of Jasper was built, keeping with it for a distance of twenty miles or so, leaving it then for the hills: This river, bank-full at that time, the springtime rise of it coming on from the melting snow, was an unlovely dark stream, full of swift whirlpools which bored like augers against the sandy shore. Looking at it from a, it seemed to lie flat, like a stream of quick-silver, on the white plain without confining banks, a few wind-torn cottonwood trees at its margin. It was a melancholy river watering a lonely land.

These harried cottonwoods along the river were only venturing their first tender leaves, for snow was to be found still in deep gullies, where it had packed hard as ice under the trampling of wild-raging winter storms; and on hillsides, where it had eddied in great drifts. Nature sweeps the sheeplands in that way, leaving the grazing-pastures bare, in a purpose that is beneficent and admirable, rough as its mighty hand may seem to man who must face it on the un-tempered wold.

For a country that appeared so empty, a great many people were traveling out of it toward Jasper that morning. Rawlins passed the salutation of the day with the grave and gay alike, taking their dust on his shoulders and hat, beginning to appear quite road-seasoned by the middle of the afternoon. There were wool trains, and single wagons loaded with wool; buggies carrying florid drovers and their rough-cheeked,

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 broad-breasted wives; single horsemen, horsemen in pairs and troops; even a band of Indians coming down from the distant mountains with the moccasins and baskets representing their winter's work to be traded for the luxuries of civilization at Jasper.

Rawlins was offered a job along toward evening by a sheepman who had driven three hundred miles with eight loads of wool. This man had a most imposing train, twelve horses to a double wagon. He was making camp with his many teamsters when Rawlins met him, having a day's drive yet ahead of him to Jasper.

No, he wasn't looking for a job, Rawlins told the sheepman. He was heading for the Dry Wood range to start operations for himself. Not much of a country he was bound for, the sheepman said. It was better over his way, toward the south-west. Rawlins had his plans too complete and firmly fixed on Dry Wood to have his determination shaken by a disparaging report.—He declined the friendly invitation to share camp with the opulent sheepman, pushing on until dusk.

Rawlins made camp that night by a brook that was already dwindling, soon to dry up and cease among its troubled stones. He slept with feet toward his little fire, as he had done many a time on the high, hillocked range in the old buffalo country of Kansas, feeling again quite at home.

When he kicked out of his blankets at the first streak of day, Rawlins felt himself considerably bunged-up and chilled to the bone, for which tenderness he despised himself. A man who intended to go in for the sheep business must case-harden himself against all temperatures, and not shiver around like a

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 chilled dog in such mild weather as this. A sheepman had told him only a few months before, without any enlargement of pride or boasting, that he had not slept in a house for fourteen years.

Rawlins passed a road-ranch that evening, the proprietor eying him with disfavor from the door. Several horses were hitched at the gnawed racks, several men could be seen at a card game just within the window, the "Well-appointed Bar," announced by the tavern sign, in the background. There was a look of cattle about the patrons of the place, type familiar to the traveler. From the attitude of the man at the door, Rawlins concluded they were the favored of that locality. There was an expression of contempt in the landlord's face for a man who passed his door on foot.

Beyond the road-ranch there was no habitation, nor sign of one, during the journey of the next two days. It was a hilly country, and waterless, it seemed; Rawlins would have gone dry only for the gallon canteen which he had included, wisely, in his meager outfit. There were neither sheep nor cattle along the way, nor traces of them on the hills, where sparse grass was springing green among the grey sage and spiked soapweed. Nobody had passed him; he had met nobody since leaving the road-ranch. It appeared as if everybody going out had been taken with the notion at the same time, and poured down to Jasper in a drove.

At sundown of his fifth day on the road, Rawlins sighted a sheep-wagon on a distant hill. Without stopping to debate the question he headed across country toward it, determined to find out where he was, and

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 where Dry Wood began; where Lost Cabin, the supply center of that region, lay, and how far he was distant yet from that broad white place on the map, where there seemed to be room for all the sheep that ever ranged the earth since the days of Abraham.

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was nobody at the sheep-wagon, although Rawlins could hear the distant voice of the herder and the barking of his dogs, urging the flock along with the same lonesome, far-reaching cry that he had heard the drivers lift when scuttling a shrinking drove of sheep through the chutes to the slaughter-houses in Kansas City. He was to know this cry better still in the sheeplands, lonely and long-wailing; appealing, supplicating, the inheritance of the craft older than the memory of man.

Rawlins never had seen a sheep-wagon before, although he knew in a general way that such vehicles were the homes of those who follow the flocks year in and year out. This was an old one, its hubs were cracked by age and weather, the canvas of its top was patched. The body, or box, was deeper than that of an ordinary farm wagon, the bows high enough to give a man standing room beneath them. A projected through the front end of the canvas, surrounded by a broad piece of tin, a little door opened at the tail, where a step eased down to the ground.

A water keg was slung to one side of the wagon, an axe to the other. A little pile of fuel, cut from the scrub pines which grew sparsely on the hills around, lay under it, as if the herder expected a rain.

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 The shouting and barking drew closer; Rawlins saw the flock break over a hill close by, and come flowing like a dusty avalanche into the bowl below the wagon. This little valley, he noted, was trampled and hoofcut, evidently the bedding-ground of the flock while it grazed in that vicinity. The sheep poured into it like a stream of milky coffee into a grimy cup, as if they would fill it to the brim.

The flock had been shorn, the black brand of the owner, stamped on the animals' backs, was plainly seen, although dust was reclaiming the new coats with the sheepland grey. Knobby-legged lambs, in great numbers, were as white as daisies among the fathers and mothers of the flock. They tugged along wearily beside their dams, marvelously preserved in this billow of sheep that came rolling down to the bedding-ground.

There was a sound of tremulous complaint going up from the sheep, heartless, weary, forlorn, as if hope were departing from them with the day. The herder stood on the hilltop, watching the sheep down to the bedding-ground, shouting and scolding, his dogs marshaling them, hastening to bring in the stragglers which spread away from the main body and stopped now and then to nibble a last thin blade of grass.

Once in the little valley the clamor of the dependent creatures ceased. They became as suddenly quiet as a baby hushed to sleep in its mother's arms. The two dogs stood on the flanks of the flock, waiting as if they did not trust such irresponsible things to settle down and behave at once.

The gloom of night was on the hills, the flock a

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 dun splotch in the bottom of the bowl, when the shepherd called off his dogs and came to the wagon, where his visitor had stood watching the bedding of the sheep, taking his first lesson of the many unlearned ones shut up in the grim book of that morose and sullen land.

The shepherd was a grimy, smoky, dirty old grub of a man, spare of frame, narrow in the shoulders. He looked as if he had been dried in smoke. His scrubby grey beard grew almost to his eyes, which were sharp and clear, drawn to a squint as from a habit of peering into great distances. He wore an old duck coat that flared at the skirt as if he had all his portable possessions concealed in its lining, as a hunter appears when he comes home with rabbits in his jacket. His fingers were fixed in a grasping position, and they were knotted and gnarled as if he had fought hard to retain the fortune that had been wrenched away from his hold at last, but had left his hands set in lasting memory of the fight.

He greeted Rawlins in a friendly way, no curiosity apparent in him, no concern whether the traveler meant to remain or pass on about his business. He took some whittlings out of his pocket and kindled a fire in a little sheet-iron camp stove that he brought from the wagon, while directing Rawlins to the spring down the ravine near the sheep.

When Rawlins came back from refreshing himself inwardly and outwardly at the spring, the old man was slicing bacon on a table made by propping up the broad end-gate of the wagon. He had lit his lantern, which was dirty, dim and smoky like himself, and he seemed

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 a most self-contained and reticent person for one who must not have been crossed by a visitor for days at a time. Rawlins asked if he might prepare his slim supper at the fire, and was told that he could not.

"You can eat my grub or go empty," the old shepherd said.

He paused in his bacon-slicing as he spoke, looking sternly at his visitor, an unaccountable ring of lightness, almost white in contrast to the general grime of his face, around his eyes. Rawlins wondered if he had washed while he was away, or whether that was an area which the old fellow swept daily to keep the accretions from shutting off his view.

Rawlins was glad enough to accept on the terms proposed, for his own material promised a slim repast. He had not been able to replenish his supplies along the way at ranch houses, as he had expected. The old man's supper was quite a banquet to one who had been living mainly on Bologna sausage and sardines for four days. There were biscuits and beans, bacon and canned tomatoes, even a tin of milk for the coffee and a little glass of preserves at the end.

"I don't always live high like this," the old-timer explained when he had scooped the last of the preserves out of the glass with his finger, which he licked clean, taking off more of the grime in the process than had been removed by any ablution in months. "I'm celebratin' this evening on account of you lookin' like a friend I used to have in my young days. They hung him down in Texas."

"I'd be proud to take his place in every particular but that," Rawlins said, with a droll way of humor

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 that he had which made friends for him among old hardshells like the herder.

The old man chuckled; that pleased him very well. He made a cigarette, with admirable deftness considering his stiff fingers, dribbling a little stream of loose tobacco on his beard as he sat holding it unlit in his lips a while.

"Everybody knows old Al Clemmons, from the Rio Grande to the Little Missouri," he said. "I never—stole but four horses in my life, and that was so long ago the heirs of the men that owned 'em's all dead, nobody left to prosecute."

Rawlins felt the satirical exaggeration in this old fellow's account of himself and his friend of long ago, but was at a loss, naturally, to understand the purpose of it. Perhaps he laughed at the world when he seemed to laugh at himself, like that other ancient gentleman whose neglect of sanitary details brought him down to an undignified end at last.

Clemmons had not taken his hat off since coming in from his labors with the flock. He wore it tilted back a little, pressed down to his ears, a high-crowned hat of medium broad brim, a look of newness about it rather out of keeping with the rest of his garb. He took it off now, suddenly, as if he had remembered something hidden in it that might melt, and scratched his head with great vigor and a rasping sound.

The old man's hair was shaggy, thick and straight, and grey as dusty cobwebs. There was so much of it, suddenly revealed by the removal of his hat, standing up so high in front, that it gave him the appearance of being most shockingly surprised.

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 "They know me," he went on with his biography; "they can tell you about Al Clemmons. I drove stages when they was stages, not job wagons like they run now, all over this mountain country for thirty years. Ive drove 'em where it was a hundred and seventeen in the shade, and I've drove 'em where it was forty below. I never froze my feet off, like some of the boys, but I've had my fingers froze to the lines so hard more than once I had to have help to let go of 'em. They can tell you about Al Clemmons. He's a man that ain't got nothing to hide."

Rawlins took this revelation as something more than a respectful bid, almost a demand, for news of himself and his intentions. He made short work of it, reserving nothing bearing on his expedition afoot from Jasper, which the old man told him was more than a hundred and twenty miles away.

"Rawlins, heh?" the old shepherd said, reflecting over it, turning the name as if he found something familiar in it, yet could not place it among the rusty accumulations of his memory. "What did you say the handle was?"

"Nathan, generally cut down to Ned."

"That's a good name for a feller," Clemmons approved. "Ned. Got a hard kind of a sound, like a wagon goin' over a rocky road. Yes, that's a good name for a feller—Ned. Strikin' out for Dry Wood, was you, Ned?"

"That was my aim. Have I missed it?"

Clemmons put his hat on, probably to indicate an end to the period of interrogation on his part. It seemed as if he had replaced some part of his anatomy,

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 some member that he had removed with startling effect upon the beholder, and assumed his proper and familiar shape again.

"No, you ain't strayed off a mile. This is the Dry Wood country. You're at sheep limit right now."

"Sheep limit, did you say?"

"Them's the words I used," said Clemmons, as testily resentful, it seemed, as if his veracity had been challenged.

"I beg your pardon, Mr. Clemmons. I couldn't understand what a sheep limit might be, or why there should be a sheep limit."

"Nobody else can, but in the morning I'll show you the deadline. If you want to satisfy yourself it is the deadline, all you've got to do is cut them wires and run a band of sheep over it."

Rawlins avowed he did not question Clemmons' exposition of the case at all, but that he was curious to know more about it: who had set the deadline, what force there was behind it, and what right.

"No more right than there's right to stop me breathin' air," Clemons declared. "But there's force enough, I guess, to satisfy most people. You know, if you're a United States senator, son, you can do a whole lot of things other folks can't."

"Yes, that's so; I've seen them do it."

"Well, if you've had experience with 'em you know the breed. If you're one of them senators you can turn many a trick that'd send men like me and you huntin' our holes, includin' fencin' in public land without no more lease on it than a rabbit, and hirin' a lot of horse

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 up to the top C(by the way, the menuetto in Sibelius's Konig Kristian II. begins with this extreme note). In Strauss' Symphonia Domestica the flute has a D′′′′ in altissimo, a note which is not to be found in the scales given in instruction books. He takes care as a rule not to write above A′′′ for the piccolo, which instrument is very prominent in Till Eulenspiegel. In Don , Till Eulenspiegel, No. 5. Quixote he has a variation marked "Flatterzunge"i.e., flutter-tonguecontaining terrific chromatics for both the first and second flutes. In Don Juan the flute is given an important solo. In Strauss' works the extreme limit as regards technical difficulty is assuredly reached; whether the result obtained, however, is commensurate is certainly open to question, and assuredly


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 thieves to ride around it with guns on 'em to keep honest people out of their rights."

"So, that's what you mean by a sheep limit?"

"Right ahead of us," the old man nodded. "I'm plumb up agin it."

"He's a United States senator, is he?"

"Senator Jim Galloway. He's held the job so long he owns the steps leadin' up to the Capitol in Washington. Rough estimatin', he's got fifty miles square of. Gover'ment land fenced under four wires. That fence cost sixty thousand dollars, they say, but that's cheaper than buyin' land, or even leasin' it from the Gover'ment, not to say nothing of the hired hands it saves runnin' them cattle. Yes, if I had a map I could show you where that chunk of gobbled-up land lays."

Rawlins produced a map without a word, a feeling as of some cold, disintegrated heavy thing in his vitals. It was as if he had rolled up and swallowed a section of the senator's barbed-wire fence.

They spread the map out between them, the lantern on a corner of it. Clemmons ran his bent finger over it in a seeking line, as a hound runs here and there picking up a scent, coming in his own way to the checked and charted place that Rawlins had fixed upon for exploitation. It was the map Rawlins had got from the land office at Jasper; what had been the white and sterile place on his own little map was shown here plotted in township and section lines, with creeks and timber indicated, localities designated, all as plain to Clemmons as the first lesson in a primer.

"That's a good map," he said; "them Gover'ment boys sure know how to git up their maps. Right here's

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 about where we're at. Lost Cabin, you see, is off to the north-west about thirty miles from here, and right along here's where the fence runs. In the morning I'll show it to you."

"What's Senator Galloway got inside his fence?" Rawlins asked, knowing pretty well what the reply would be. The sickness of disappointment was depressing his spirits, the shadow of defeat for his confidently arranged plans was falling already at his feet.

"Cattle and sheep, mister," Clemmons replied. "That's what Senator Jim's got back of that fence, ten thousand head of cattle and eighty thousand head of sheep, they say. He runs 'em cheaper than any man or outfit on this range can do it, three or four horse-thieves ridin' fence and a few sheep-herders are all the hands he needs, 'cept at shearin' and when he goes to round up them cattle and cut out the ones he wants to ship."

"I don't suppose he's got all the range fenced up, even then," said Rawlins, drawing a breath that carried him a little relief of hope.

"He's got it blocked with his fence nearly from mountains to mountains, and back of him there's a gang of cowmen makin' their last stand on the open range in this part of the country. No, son, if you come here expectin' to take your pick out of that land you might as well go back where you come from. There ain't no land somebody ain't usin' on anywhere in the Dry Wood country. Outside of Galloway's fence sheepmen they've grabbed every foot of it and split it up between them."

"It don't look very bright," Rawlins admitted.

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 "But that man Galloway has no right to fence up Government land he doesn't lease. The map shows every section of it open to entry back there for a hundred miles."

"He ain't got no more right to it than the King of Ireland," Clemmons declared. "There's land enough goin' to waste inside of that fence to make twenty sheepmen rich. If I could take my little band up there I'd be independent in five years."

"You're a flockmaster, then?" said Rawlins, in undisguised surprise.

"What did you take me for—one of them sap-headed herders? I never run sheep for no man but myself in my life, foolish as I look. I never aim to."

"You darned sheep magnates run around lookin' like you didn't have the price of ham and eggs on you, and fly up when somebody takes you for a hired hand. If you're underrated sometimes, it's your own fault."

"What do you expect us sheepmen to do, son, so folks can spot us from hired men? Put on knee pants and golf stockin's?" The flockmaster chuckled with the thought, more pleased than offended that his own importance had not been duly appraised.

"Or put a feather in your hat, or something," said Rawlins. "How many have you got in that band?"

"Seven hundred and fifty-two, countin' lambs. I'm just a little feller, but I could be a big one if I could go back there on one of them cricks where the question of water wouldn't bother me. There's a dozen or two other little fellers strung out along that fence in the same fix as me, all held down on account of water.

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