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 The entertainment which he places before his guests, reminds us of a similar scene in the lives of all the cele bratedcelebrated [sic] magicians of the middle ages—see chap. xliii, in History of Doctor Faustus, (’ Early English Prose Romances.) The magic transformations which the heads of the nobleman and his wife undergo, are analogous to that which that tricksey Puck wrought on the head of Master Bottom the weaver.

A long time since Rubezahl went, in the form of a strange nobleman, to a tailor in Liebenthal, and desired him to cut from a beautiful cloth, which he showed him, sufficient for a cloak, and to have it ready by a certain day, when he would send for it. Now what does the tailor do, in the first place, but thinking the nobleman would never observe it, when he cut the cloth he placed it double, so that he cut off twice as much as was required for the cloak; and in the next, the cunning knave exchanged this cloth, and made use of one of inferior quality, out of which he speedily made the required garment; this was in due course delivered over to the nobleman, although the tailor did not receive the amount of his charge for making it, but only a promise that his customer would call himself some time or other and settle it.

The tailor, at first, thought he had made a capital job, and determined to apply the stolen cloth, at once, to his own use. But when he came to examine it, he found nothing but a heap of coarse matting, such as merchants use for the packing of goods. But, however, the time was


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Rubezahl once betook himself to the Hirschberg, which is in the neighbourhood of his forest haunts, and there offered his services as a wood-cutter, to one of the townsmen, asking for his remuneration nothing more than a bundle of wood. This the man promised him, accepted his offer, and pointed out some cart-loads, intending to give him some assistance. But to this proffer of help in his labours, Rubezahl replied, ‘No—such is quite unnecessary—all that is to be done, I can very well accomplish by myself.’

Upon this, his new master made a few further enquiries, asking him what sort of a hatchet he had got, for he had noticed that his supposed servant was without one. ‘Oh!’ said Rubezahl, ‘I will soon get a hatchet.’ Accordingly, he laid hands upon his left leg, and pulled that, and his foot, and all off, at the thigh, and cut with it, as if he had been mad and raving, all the wood into small pieces, of proper lengths and sizes, in about a quarter of an hour, thus proving that a dismembered foot is a thousand times more effectual for such purposes, than the sharpest axe.

In the meanwhile, the owner, (who saw plainly that mischief was intended,) kept calling upon the wondrous wood-cutter to desist, and go away about his business. But Rubezahl kept incessantly answering, ‘No, I will not stir from this spot until I have hewn the wood as small as I agreed to, and have got my wages for doing so.’

And in the midst of such quarrelling, Rubezahl finished

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 his job, and screwed his leg on again, for while at work he had been standing on one leg, after the fashion of the storks; gathered together all he had cut into one bundle, and placed it on his shoulder, and off he started with it, in spite of every thing, towards his own favourite retreat, heedless of the tears and lamentations of his master.

On this occasion, Rubezahl did not appear in the character of a sportive or mischievous spirit, but as an avenger of injustice. For his employer had induced a number of poor men to bring wood to his home, upon the promise of paying them wages, which wages, however, this word-forfeiting man had never paid them. Rubezahl, however, laid at the door of each of these poor men, so much of the wood as he had carried, and thus brought the business to a proper termination.

It once happened, that a messenger vexed or put some trick upon Rubezahl, who thereupon revenged himself, in the following manner, and so whetted out the notch.

The messenger, in one of his journeys over the mountains, entered a hotel to refresh himself, and placed his spear as usual behind the door: no sooner had he done


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 But his good intentions were frustrated, for Rubezahl had played his game, and had all the amusement he intended with the poor knave; accordingly he scampered away, brought unnoticed in his place the real spear, which never played any more tricks, but after the old fashion of other spears, accompanied its master in a becoming and orderly style.

A poor woman, who got her living by herbalizing, once went, accompanied by her two little children, to the mountains, carrying with her a basket in which to gather medical herbs, which she was in the habit of disposing of to the apothecaries. Having chanced to discover a large tract of land covered with such plants as were most esteemed, she busied herself so in filling her basket, that she lost her way, and was troubled to find out how to get back to the path from which she had wandered, when a man, dressed like a peasant, suddenly appeared and asked, as if by accident, (for it was Rubezahl,) ‘Well, good woman, what is it you are looking so anxiously for, and where do you want to go to?’

To this she replied, ‘Alas, I am a poor woman, who have neither bit nor sup, for which reason I am obliged to wander to gather herbs, that I may buy a bit of bread for myself and my hungry children; and now I have lost my


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Page:Journal of the Optical Society of America, volume 30, number 12.pdf/47

DECEMBER, 1940

Johns Hopkins University, Baltimore, Maryland

The spacing problem consists in the detection and correction of errors of allocation in surface color space of the regular 1929 Munsell samples. This amounts to the adjustment of imperfections in a real chromatic skeleton of 400 units so that it will more properly fit into an ideal chromatic body. For the last five years various observers have been making visual estimates of the color spacings and the accumulated data have been summarized and are presented herewith in tabular form. These data will provide a psychological basis for defining smooth contours of Munsell hue, value, and chroma in terms of the 1931 I.C.I. colorimetric coordinate system. The plan is to present those contours in the final report. The present report includes charts of a preliminary smoothing of chroma based on the earlier visual estimates.

HE familiar principle of specifying color by spatial location underlies the design of various color solids. The ideal of this investigation is a psychological color-solid in which cylindrical coordinates of Euclidean space represent the principal at tributes of colors perceived as belonging to surfaces and equal linear extents represent equal sense-distances. Along the color scales there is variation in but one attribute at a time, and the scalar graduations are perceptually uniform. Furthermore, any horizontal section through the solid would define a plane of constant lightness (Munsell value) while any vertical plane originating at the achromatic axis would be a plane of constant hue. Finally, a cylindrical section concentric with the axis would constitute a surface of constant saturation (Munsell chroma). Just how closely this psychological ideal can be realized in either theory or practice still remains somewhat conjectural.

One question arises at once. A marked influence of surrounding-field reflectance on surface-color perception has long been evident (,, , , , , , p. 546; ). Since the color perceived as belonging to a surface may vary with the background, there is the question of what ground to employ. Present views suggest grounds similar to samples for ideal viewing but continual changes in observational conditions seemed neither feasible nor desirable in the present study. Therefore, the subcommittee decided to have all observations made against three approximately neutral grounds of high, low, and intermediate reflectance (white, black and gray), and to decide later, by reference to the comparative data thus secured, what to do regarding this important problem of specifying an ideal or standard viewing ground.

The principal practical advantage of defining


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47. R. S. Maxwell, “The quantitative estimation of the sensation of colour,” British J. Psych. 20, 181 (1929).

48. D. McGregor, “Sensitivity of the eye to the saturation of colors,” J. Exp. Psych. 19, 525 (1936).

49., Munsell Book of Color, Standard and abridged editions (Hoffman, Baltimore, 1929).

50., , and I. H. Godlove, “,” J. Opt. Soc. Am. 23, 394 (1933).

51. A. H., Munsell, “On the relation of the intensity of chromatic stimulus (physical saturation) to chromatic sensation,” Psych. Bull. 6, 238 (1909).

52. A. H. Munsell, “A pigment color system and notation,” Am. J. Psych. 23, 236 (1912).

53. A. H. Munsell, , 8th Ed. (Munsell Color Company, Baltimore, 1936).

54. H. Munsell,  (Wadsworth-Howland & Co., Boston, 1915).

55. S. M. Newhall, “The control of eyelid movements in visual experiments,’’ Am. J. Psych. 44, 555 (1932).

56. S. M. Newhall and E. H. Rodnick, “The influence of the reporting-response on the report,” Am. J. Psych. 48, 316 (1936).

57. S. M. Newhall, “The ratio method in the review of the Munsell colors,” Am. J. Psych. 52, 394 (1939).

58. S. M. Newhall, “Measurement of simultaneous contrast,” Psych. Bull. 37, 500 (1940).

59. D. Nickerson, “The specification of color tolerances,” Textile Research, 6, 505 (1936).

60. D. Nickerson, “Use of I. C. I. tristimulus values in disk colorimetry,” U.S. Department of Agriculture, 1 (1938).

61. D. Nickerson, “,” J. Opt. Soc. Am. 30, 575 (1940).

62. D. Nickerson and, “Hue sensibility to dominant wave-length change and the relation between saturation and colorimetric purity,” J. Opt. Soc. Am. 30, 159 (1940).

63. Nyberg, “Zum Aufbau des Farbenkérpers im Raume aller Lichtemfindungen,” Zeits. f. Physik 52, 406 (1928).

64. W. Ostwald, ''Colour Science I, Colour Theory and Standards of Colour. Colour Science II, Colour Measurement and Colour Harmony'', Tr. by J. S. Taylor (Winsor and Newton, London, 1931).

65., “Judgment of brightness: Effect of adaptation and contrast,” Proc. Phys. Soc. 51, 817 (1939).

66., ''An Introduction to the Language of Drawing and Painting. I. The Painter’s Terms'' (Harvard University Press, Cambridge, 1929).

67. and, “The minimum perceptible colorimetric purity as a function of dominant wave-length,” J. Opt. Soc. Am, 28, 133 (1938).

68. I. G. Priest, K. S. Gibson, and, “An examination of the Munsell color system,” Tech. Pap. Bur. Stand. 3, No. 167 (1920).

69. D. M. Purdy, “On the saturations and chromatic thresholds of the spectral colours,” British J. Psych. 21, 283 (1931).

70. D. M. Purdy, “The Bezold-Briicke phenomenon and contours for constant hue,” Am. J. Psych. 49, 313 (1937).

71. D. M. Purdy, “Vision,” Chapter 17 in Boring, Langfeld, and Weld, Introduction to Psychology, 519 (Wiley & Sons, New York, 1939).

72., “Thresholds when sensation is regarded as quantitative,” British J. Psych. 19, 158 (1928).

73. L. F. Richardson, “Quantitative mental estimates of light and colour,”’ British J. Psych. 20, 27 (1929).

74. L. F. Richardson, “Imagery, conation, and cerebral conductance,” J. Gen. Psych. 2, 324 (1929).

75. L. F. Richardson, “The measurability of sensations of hue, brightness or saturation,” Discussion on Vision, Phys. Soc. 112 (1932).

76. L. F. Richardson, “A quantitative view of pain,” British J. Psych. 23, 401 (1933).

77. L. F. Richardson and R. S. Maxwell, “The quantitative mental estimation of hue, brightness, and saturation,” British J. Psych. 20, 365 (1930).

78. L. F. Richardson and J. S. Ross, “Loudness and telephone current,” J. Gen. Psych. 3, 288 (1930).

79. G. Riedel, “Uber die Abhingigkeit optischer Kontraste von Gestaltsbedingungen,”’ Neue psych. Stud. 10, 1 (1937).

80. T. Smith, “The quantitative estimation of the sensation of colour,” British J. Psych. 20, 362 (1930).

81. F. B. Sumner, “A statistical study of belief,” Psych. Rev. 5, 616 (1898).

82. J. Tennant, “The psychological factor in colour contrast,” British J. Psych. 20, 1 (1929).

83., “Chromaticity sensibility to wavelength difference as a function of purity,” J. Opt. Soc. Am. 23, 15 (1933).

84. E. G. Wever and K. E. Zener, “The method of absolute judgment in psychophysics,” Psych. Rev. 35, 466 (1928).

85., Experimental Psychology (Holt, New York, 1938).

86., “The measurement and analysis of colour adaptation phenomena,” Proc. Roy. Soc. B115, 49 (1934).


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 Swips

ENGRAVED EXPRESSLY FOR THE LADIES NATIONAL MAGAZINE


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 ESGRAVID EXPRESSLY FOR THE LADIES NATIONAL MAGAZINE


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H. WINTERHALTER PT

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 But they said not a word, and when some of them would fain drink, and enquired whether there was nothing prepared for quenching their thirst; the unknown Rubezahl took a staff, smote the wall with it, and out came a handsome youth, dressed and adorned exactly like a young German, carrying in his hand two golden beakers, on which the name and arms of the Turkish Emperor were inscribed, and with these he went to one of the empty casks, and having drawn them from it, full of good Spanish wine, he placed them on the table for them to taste it.

After this Rubezahl struck the wall on the other side, and out came a lovely girl with a whole basketful of beautiful carved gold and silver drinking vessels, on which were the arms and titles of various princes and nobles, especially of the Kings of France and Spain; and others of distinguished Prelates, which were plainly to be seen upon them. This maiden went to a thick log, drew from it a pleasant and costly Rhenish wine, and handed it to the guests. Over the table there hung a wooden pipe. If any one wished for water, he had only to hold his drinking cup to the pipe, and the water kept running into it, as long as he knocked at the pipe, and yet no one knew whence the water came; for the pipe was suspended by a thread. Besides these, there lay around other casks, from out of which all kinds of Spanish, Hungarian, and other wines, were drawn, and such, too, as the guests had never tasted in their lives before. After this, Rubezahl brought forward fresh delicacies, consisting of rare birds and wondrous fishes, whose like was never found in Silesia. And as the guests now began to grow merry, other spirits made their appearance, habited like musicians, with a troop of merry makers, and they had old fiddles on


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 which they scraped all sorts of out of the way tunes. These were soon afterwards joined by other instruments, and jovially did they play together; indeed it would be impossible to relate half the marvellous and pleasant things that came to pass.

As soon as they had finished their repast, Rubezahl paid another visit to his closet, and brought forth from it all sorts of rare fruits, such as grew in Spain, France, the low countries, Arabia, India, and Greece, with various rich and fresh spices, and other beautiful productions of those lands, which his guests might eat and enjoy with pleasure and delight: many of which were known to them, though many others were unknown. Moreover there were such varieties of beautiful flowers and fragrant herbs, that one could not but be amazed thereat. And when they had been thus merry for some time, one among them begun and said to Rubezahl, ‘Sir host, I beg you will be so kind as to let us see some pretty sportive jest?’ But Rubezahl answered and said, ‘There is enough this time—this time you and the other lords have seen enough.’ All the rest agreed with Rubezahl, saying, ‘the pastime would indeed be superfluous.’ But he who had spoken, persevered and entreated so hard for one as a sort of sleeping cup, that Rubezahl at length said, ‘It shall be so!’

Soon after this, in a trice, this same guest had gotten an ox’s head with great horns, just like the head of a real animal. At this sight the other lords began to laugh and mock him. This angered him, and he sought to reproach them for so doing, but when he begun, he only roared and bellowed for all the world as if he had been a living ox. Shortly afterwards, he tried to raise a beaker to his mouth, that he might drink out of it, but this he could by


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 lation that, as yet, has warded off the deadly arrows of despair, and, I trust, will comfort me in my trying hour, and when he who dwelleth in heaven shall speak to me. This consolation, friend, give me leave to call you by that sacred name, this consolation is not the vain groundless expectation that I shall atone for my sins, by suffering the punishment that awaits me; No! If I had a hundred lives to lose, I could not atone for my manifold crimes: This consolation consists in the persuasion that I shall be made a warning example of the dread consequences attending the criminal abuse of the intellectual powers the great ruler of the universe has given us, and that the world will be warned against impostors like myself."

When he had finished I bade him a last farewell, in a faltering accent, and left the unhappy man, who said to me, as I opened the door,


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 "Come to-morrow to the place of execution, your presence will give me comfort!"

"I left the prison lost in gloomy thought, and with a bleeding heart. The dismal idea of the awful scene which was to be exhibited the next day, haunted me where ever I went, and I struggled in vain to chase it from my mind: The solemn stillness of the night rather increased than diminished my uneasiness, and sleep entirely fled from my weary eyes. The dawn of the rosy morn cheered the whole creation, but my soul was pierced with horror when the first ray of the rising sun hailed me on my couch.

At length the solemn found of bells announced the approaching hour of execution; I wrapped myself in my cloak, and repaired with trembling steps to the place where Volkert was to atone for his crimes. The streets were crowded with a noisy multitude: Haunted


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 by secret awe did I arrive at the place of execution, and horror made my blood run chill as I beheld the dreadful pile, which soon was to reduce to ashes the preserver of my life.

A gaping multitude was standing around, awaiting with cruel insensibility, and with more than beastly satisfaction, the dreadful catastrophe which was to terminate the life of their fellow creatures.

Without recollection was I standing amid the crowd, when, suddenly a confused noise was heard, and every eye directed to one spot: Lifting up my downcast looks, I beheld the funeral procession drawing near with slow solemnity: Volkert was walking in the front with firm and manly steps, followed by his ghastly looking fellow sufferer: The procession stopped at the enclosure, encircling the scaffold, and Volkert's eyes were anxiously looking around; at length he saw me, nodded to me, with a grateful smile, and entered the enclosure.


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 His trembling fellow sufferer was first sacrificed by the avenging hand of justice. I cast my eyes to the ground until I perceived by the murmuring noise around, that his sufferings were over. Now I directed again my melancholy looks towards the dread place of execution, and beheld Volkert undressing himself, and approaching with firmness the stool stained with the smoaking blood of his friend. Now he was seated, the sword of the executioner lifted up—now it glittered in the morning sun, ready to strike the fatal blow. I shut my eyes involuntarily—a sudden hollow humming told me that Volkert had conquered. Awful sensations thrilled my palpitating heart, and I forced my way through the gaping multitude without looking once more towards the horrid place where Volkert had expired.

At the city gate I looked back and beheld with horror a thick column of smoke ascending aloft and darkening the pure serene air;


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 I could not stand the horrible sight, and hastened to my apartments, determining to leave a place immediately, in which my peace of mind had been so much disturbed.

But being informed that the Captain of the gang would be examined the following day, curiosity got so far the better of my impatience to leave as soon as possible a town where every object recalled to my mind the hapless fate of my preserver, that I resolved to stay one day longer, and very glad I am that I took that resolution: The account this man gave of himself being so singular and remarkable, that I was amply repaid for the melancholy and grief which haunted me with unabating fury, whilst I tarried within the walls of the town where my benefactor had been executed.

"The trial began at six o'clock in the morning, and I took care to be in the town house, before the terrible leader of the rob-


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 back upon itself. Disdaining, however, to appear disconcerted, he endeavoured to resume his dignity, when the remembrance of his mother overwhelmed with sorrow, rushed upon his mind, and quite unmanned him; the tears started in his eyes, and he sunk senseless on the ground.

On recovering, he found himself in his prison, and he was informed that the Baron had granted him a respite. Malcolm mistaking the cause of disorder in the Earl, thought he had stretched his sufferings to their utmost limits; he therefore had ordered him to be re-conveyed to the tower.

A scene so striking and so public as that which had just been performed at the castle of Dunbayne, was a subject of discourse to the whole country; it was soon reported to the Countess with a variety of additional circumstances, among which it was affirmed that the Earl had been really executed. Overwhelmed with this intelligence, Matilda relapsed into her former disorder. Sickness had rendered Mary less able to support the shock, and to apply that comfort to the afflictions of her mother, which had once been so successfully administered. The physician pronounced the malady of the Countess to be seated in the mind, and beyond the reach of human skill, when one day a letter was brought to her, the superscription of which was written in the hand of Osbert; she knew the characters, and bursting the seal, read that her son was yet alive, and did not despair of throwing himself once more at her feet. He requested that the remains of his clan might immediately attempt his release. He described in what part of the castle his prison was situated, and thought that by the assistance of long scaling ladders and ropes, contrived in the manner he directed, he might be able to effect his escape through the grate. This letter was a reviving cordial to the Countess and to Mary.

Alleyn was indefatigable in collecting followers for the enterprize he had engaged in. On receiving


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Lindsey v. Normet/Dissent Brennan

MR. JUSTICE BRENNAN, dissenting in part.

In my view the District Court erred in declining to apply the doctrine of abstention with respect to the availability of defenses in FED actions. The issue [p91] is whether Oregon would violate the Fourteenth Amendment if its substantive view in some circumstances recognized a tenant's rights to withhold rent and retain possession based on the landlord's breach of duty to maintain the premises, but its procedural law would not permit assertion of those rights in defense of an FED action. This constitutional issue is ripe for decision if, and only if, Oregon law (1) recognizes substantive rights of the tenant based on the landlord's brach of duty; (2) recognizes, because of such breach, that a tenant may remain in possession while withholding rent during the term or may hold over after expiration of the term, and (3) excludes the assertion of these rights to continued possession as a defense to an FED action.

The Court's opinion exposes the fallacy of the District Court's conclusion that Oregon law is "clear" and that "[i]t is unlikely that an application of state law would change the posture of the federal constitutional issues." App. 73. For the Court cites Oregon decisions that have recognized certain equitable defenses in FED actions, ante, at 66 n. 11, and can only conjecture that the defenses appellants sought to raise are "apparently" not in this category. We cannot confidently say, therefore, how the Oregon courts would treat appellants' defenses, if available at all, when asserted in an FED suit, or how, if those defenses are available in FED suits, the Oregon courts would apply the requirement of a trial no later than six days after service of process. Clearly, therefore, the Oregon law is susceptible of a "construction by the state courts that would avoid or modify the constitutional question." Zwickler v. Koota, 389 U.S. 241, 249 (1967); Reetz v. Bozanich, 397 U.S. 82 (1970). In these circumstances the District Court should have remitted appellants to the Oregon courts for an authoritative interpretation of Oregon law in [p92] these respects before adjudicating appellants' plainly nonfrivolous constitutional attacks upon the FED Statute.

I would vacate the judgment of dismissal and remand with direction to the District Court (1) to enter judgment declaring that the double-bond requirement of Ore. Rev. Stat. § 105.160 violates the Equal Protection Clause, and (2) to retain jurisdiction and reinstate the temporary restraining order conditioned on the payment of rent into the escrow account, provided appellants, within a time fixed by the District Court, institute appropriate proceedings in the Oregon courts to obtain an authoritative interpretation of the FED Statute with respect to defenses available in actions thereunder.

title: Lindsey v. Normet/Dissent Brennan


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romances occupy an important position in the history of literature; many innovations, timidly made elsewhere, have in them been carried boldly out to their last consequences; much that was indefinite in literary tendencies has attained to definite maturity; many things have come to a point and been distinguished one from the other; and it is only in the last romance of all, Quatre Vingt Treize, that this culmination is most perfect. This is in the nature of things. Men who are in any way typical of a stage of progress may be compared more justly to the hand upon the dial of the clock, which continues to advance as it indicates, than to the stationary milestone, which


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 is only the measure of what is past. The movement is not arrested. That significant something by which the work of such a man differs from that of his predecessors, goes on disengaging itself and becoming more and more articulate and cognisable. The same principle of growth that carried his first book beyond the books of previous writers, carries his last book beyond his first. And just as the most imbecile production of any literary age gives us sometimes the very clue to comprehension we have sought long and vainly in contemporary masterpieces, so it may be the very weakest of an author's books that, coming in the sequel of many others, enables us at last to get hold of what underlies the whole of them—of that spinal marrow of significance that unites the work of his life into something organic and rational. This is what has been done by Quatre Vingt Treize for the earlier romances of Victor Hugo, and, through them, for a whole division of modern literature. We have here the legitimate continuation of a long and living literary tradition; and hence, so far, its explanation. When many lines diverge from each other in direction so slightly as to confuse the eye, we know that we have only to produce them to make the chaos plain: this is continually so in literary history; and we shall best understand the importance of Victor Hugo's romances if we think


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 of them as some such prolongation of one of the main lines of literary tendency.

When we compare the novels of Walter Scott with those of the man of genius who preceded him, and whom he delighted to honour as a master in the art—I mean Henry Fielding—we shall be somewhat puzzled, at the first moment, to state the difference that there is between these two. Fielding has as much human science; has a far firmer hold upon the tiller of his story; has a keen sense of character, which he draws (and Scott often does so too) in a rather abstract and academical manner; and finally, is quite as humorous and quite as good-humoured as the great Scotchman. With all these points of resemblance between the men, it is astonishing that their work should be so different. The fact is, that the English novel was looking one way and seeking one set of effects in the hands of Fielding; and in the hands of Scott it was looking eagerly in all ways and searching for all the effects that by any possibility it could utilise. The difference between these two men marks a great enfranchisement. With Scott the Romantic movement, the movement of an extended curiosity and an enfranchised imagination, has begun. This is a trite thing to say; but trite things are often very indefinitely


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 comprehended: and this enfranchisement, in as far as it regards the technical change that came over modern prose romance, has never perhaps been explained with any clearness.

To do so, it will be necessary roughly to compare the two sets of conventions upon which plays and romances are respectively based. The purposes of these two arts are so much alike, and they deal so much with the same passions and interests, that we are apt to forget the fundamental opposition of their methods. And yet such a fundamental opposition exists. In the drama the action is developed in great measure by means of things that remain outside of the art; by means of real things, that is, and not artistic conventions for things. This is a sort of realism that is not to be confounded with that realism in painting of which we hear so much. The realism in painting is a thing of purposes; this, that we have to indicate in the drama, is an affair of method. We have heard a story, indeed, of a painter in France who, when he wanted to paint a sea-beach, carried realism from his ends to his means, and plastered real sand upon his canvas; and that is precisely what is done in the drama. The dramatic author has to paint his beaches with real sand: real live men and women move about the stage; we hear real voices; what is feigned merely puts


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Vol. IV.

"TO FRANCIS HEADLEY, Esq.

WHY failed you to be at my house warming, dear Frank, you and your gentle wife? The marble palace, as, in your honest simplicity, you are unsuspecting enough to believe my structure of brick, paint and stucco; the marble palace is finished from corner-stone to roof-tree, and I have received the congratulations of scores who really hope I have bettered my condition, and of a still larger number who rejoice in the prospect of a new place for dining out, on my being at last domiciliated in a ‘home.’ But what a desecration of the word! I never was less at home in my life—I, a solitary man, occupying these long suites of large apartments—how is it that Byron expresses the sensations?

'A sort of chill comes o'er me, when alone,

Seeing what's made for many with but one'

In my boarding-house I really could have a little domestic enjoyment. My two rooms and all they contained were within the range of my eye, and I became familiar with them accordingly. When I seated myself in my arm-chair, pulled forward the handirons to their proper line, drew up an ottoman for my feet and a table for my elbow, I felt as if I were gathering my family about me, and for every object I had a separate regard. Here, it will take me a lustrum to become acquainted with the multitudinous things the cabinet-makers and upholsterers have hung up and spread down and ranged around, all, as I am to understand, for my gratification. And yet it must be done. It would be  shabby to creep into a corner, and the house must be kept from moulding; therefore I must inhabit it all over—I, myself. Then, there is no little sanctum in which I might find a moment's relief, as in all truly home-like establishments, no retreat, such as gentlemen of your class are enriched with, in which you may enjoy the busy idleness of snipping threads and patches, gathered from the carpet, the interesting distress of not knowing where to lean, that you will not make creases in some dainty fabric of female garniture, or the agreeable agony of skinning your ancles on the rockers of a cradle.

"Let me stop for a moment to fancy you laughing in your sleeve at the idea that I am too sheepish to come to the point at once, and pluming yourself on your sagacious discovery of what all this tends to without further explanation of mine. Well, have done—for I assure you I can say it out as coolly as a professed flirt says, ‘I’m very sorry,’ &c. &c., to the hundredth ineligible proposal. I now, Frank, find the want of a wife; there! I have decided, at length, to soar above the chrysalis of the old bachelor.

"Old, forsooth! how happens it that I am stigmatized as an old bachelor, while you, with a matronly wife and half-a-dozen sturdy children, are still designated as a youngish married man, though you are full a year my senior? do I look old? that I deny, yet it is in vain I assert that my unfaded locks are of spontaneous growth, and that my teeth are not patent metallic. Is it my manners? toward men I flatter myself that they are of a very common order, and toward women—yet when I think of it, there must be the front of my offending. The first woman into whose way I was thrown after I had began to consider myself a man, inspired me with an awe which has ever since attached itself to the whole sex, imparting to my address toward them a stiffness and timidity so uncommon now-a-days, that the fair creatures regard them as remnants of some era too long gone for their cognizance.

«You remember her to whom I allude?—yet how could any one forget the rarely beautiful, the nobly gifted, the high-hearted, the altogether peerless Eugenia Sinclair! I have thought much of her since my new want has awakened, and I feel that my vivid recollections of her have given me aspirations too high even to be realized. The world holds no second Eugenia Sinclair, and if it did, what am I, that I should think of winning her? You have sometimes called her my first


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 THE

VOL. III.

LADY'S

WORLD.

PHILADELPHIA : JANUARY, 1843.

FASHIONS FOR JANUARY. As the season for balls and parties is now at hand we have chosen this month to present to our readers the most approved ball and evening dresses. The annexed engraving, in which these costumes appear, is the most elegant and costly fashion plate which has ever appeared, at least in the United States. The pictorial effect is exceedingly well managed, and the engraver has done all that his art permits, while the coloring is executed in a style of richness never before attempted. But one walking dress is represented in the plate, though full descriptions of carriage and promenade dresses are given below. In describing the figures we begin at the left hand of the picture. Fig. 1.-A BALL DRESS of satin, the jupe being made excessively long and full, ornamented down each side of the front with a splendid facing of blonde, disposed in the perfect form of the capital letter A.; at distances upon the blonde are placed small roses made in pink areophane ; the corsage à pointe, cut square on the shoulders, and finished with a splendid stomacher berthe, attached in the front with small roses, reaching | from the point of the waist to the top of the bust. The sleeves tight, and ornamented with a double sabot of blonde, caught up in the front of the arm with a single rose. Fig. 2.—AN EVENING DRESS in a style which is becoming quite popular, it having a singularly spirited air. The dress is of tarlatane muslin, the skirt in the tunic form. The corsage is low, fitting tight to the top of the bust, but gathered in plaits in the centre of the waist. Short tight sleeves. A narrow cashemire border forms the girdle, and ornaments the sleeves, and skirt. The head-dress is of white gauze, edged with a narrow fulled blonde, falling lower on one side than the other. Over the top of the head is worn a garland of small daisies ; while the hair is exposed on the back, there being no crown to the head-dress. The daisies, at the side, are intermixed with blonde. Fig. 3.-AN EVENING DRESS Somewhat in the same spirited style as the last, though less airy. The corsage VOL. III.- 1

No. 1.

of this dress bears some resemblance to that in figure 1. The other peculiarities of the costume are less striking. Fig. 4.- A BALL DRESS. The upper jupe is chiefly remarkable for the large bows and lace with which it is trimmed, giving the costume an unusually rich appearance. The corsage à pointe, and the sleeves short. A bunch of delicate roses may be worn in the bosom. The under jupe is white, whatever may be the color chosen for the other. Fig. 5.-A WALKING DRESS, whose elegant air has induced us to admit it into our engraving. The material of the dress is plain white organdie, merely finished round the bottom with a broad hem; Crispin body of deep blue gros des Indes, the form round and deep at the back, the front sitting close to the figure, and forming a perfect stomacher body attached down the centre of the front with buttons ; the collar, arm-holes, and cape edged round with a light gympe trimming and narrow fringe ; a splendid blue cord and tassels depend from the stoma cher, the end of the arm-holes ornamented with smaller cords and tassels. Bonnet of white slightly turned back at the edge, and rather shallow at the ears, the crown decorated with a splendid shaded ostrich feather, the inside ornamented with bouquets of wild roses shaded pink and mauve ; long streamers of mauve colored striped ribbon. This costume is especially appropriate for the milder days of winter. Pelisses, cardinal mantles, and cloaks are in vogue for out of doors. Several elegant varieties of each have been reported to us by our London and Paris correspondents, from which we make the following selections. PELISSES. For promenade velvet or satin is worn, trimmed with flowers and sable or ermine. For carriages the white cachemire, lined with plaided silk, pink or pale blue, are most fashionable. Fancy buttons of silk, mother of pearl, gold or silver, are much used for decorations. One of the most beautiful is composed of French blue cachemire, trimmed with sable ; up the centre of the skirt and body is a light kind of trimming composed of silk cord, and attached with small buttons ; tight high body and sleeves ; pelerine collar ; jockeys and manchettes of sable. With this dress might be wom


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THE LADY'S

a bonnet of a dark maroon velvet, the crown being a perfect round, and trimmed with small knots, with long drooping ends of striped terry velvet ribbon. Another walking pelisse is of rich shot Pekin silk, green and white, the front of the jupe handsomely ornamented with a vandyked trimming of open net work passementerie, attached here and there with buttons of pale green velvet ; high corsage, forming a point in the front, and trimmed with vandykes to match those on the skirt ; the waist a perfect point ; the sleeves very tight, with very deep jockeys reaching nearly to the elbow, decorated with fancy vandykes round the edge ; manchettes of the same. With this pelisse may be worn a bonnet of pale pink velours épinglé; the centre of the crown decorated with a roseatte of shaded pink, and white taffetas ribbon, from which stream two long ends ; a beautiful shaded coq plume is placed so as to heighten the appearance of the left side of the crown ; brides of blonde, interspersed with half wreaths of the American daisy. In Paris, a pelisse—in form a mixture of the paletot and pelissehas appeared. It falls in large folds and is attached round the waist. The beauty of this pelisse consists in its not adding to the size of the tournure. Those in velvet, embroidered down the seams with soutache are by far the prettiest ; the end of the jupon descending within a foot of the ground, and opening up each side ; a pelerine is attached to this pelisse, opening also upon each arm, so as to allow of the sleeve passing. CLOAKS. For cloaks, velvet is the favorite material -though satin will be worn, embroidered in fine soutache, or braid of different shades, which gives the embroidery a raised appearance. Fur trimmings will be worn. A very beautiful cloak is made of velvet oreille d'ours or bear's ear color, the whole of the manteau being encircled with a rich embroidery of the same color but of different shades, and edged with a broad fringe in points of guipure. A small twisted rouleau manteau of myrtle green velvet is worn over a dress of French grey popelin, the skirt made very full and long, and trimmed round with a double volant of very deep silk fringe. The manteau is edged with a stamped arabesque border, encircling the entire mantle, collar and arm-holes ; the collar and bottom part of this elegant cloak being finished with a broad bouillon fringe, just surmounting the top volant of fringe on the dress. With this mantle is worn a bonnet of black velvet, edged with pink plush, and trimmed with pink ribbon, and a magnificent ostrich plume, curled at the tip and just touching the shoulder ; the interior of the brim decorated with a plain bias of pink tulle, surrounding the face, and interspersed at the sides with small pink branches of the almond tree. The CARDINALS have been elongated, and changed into cloaks, being called in this state, cardinal mantles. A very pretty style of these is made in violet colored velvet, embroidered à colonnes, and edged all round with a fall

of rich black guipure lace, headed with a rûche of violet satin ; small round collar of velvet, attached in front with a splendid silk cord and tassel. WALKING DRESSES. -Satins, Scotch velvets, and dark plaid tartans, either of silk or cachemire, are the most favorite materials. Skirts are made longer and wider than ever, with three rows of tucks or flounces. The depth of the waists remains unaltered. The sleeves Louis XIV., and à la Richelieu retain their popularity. Pearls and French grey are, perhaps, the most fashionable colors. For styles we have one of this color with an open skirt trimmed on each side with a fringe of the same color, the centre breadth being bouillonnée across the whole length of the skirt, as well as the front of the corsage, the other part being tight and high, opening, however, in a point, so as to admit of the fullings : the sleeves plain, over which is worn a double pelerine cardinal, trimmed all round with a puffing ofthe same, and edged with a fringe. Another very beautiful walking dress is of fawn colored moire, the skirt ample, and ornamented with four rows of bouillonnée fringe, of a moderate width, and of the same shade and color as the dress ; the body and sleeves perfectly plain. One of the new splendid cachemire scarfs is worn with this dress, of a beautiful cerulean blue. Bonnet of white velours épinglé, the brim ornamented with folds of areophane, the interior with small puffings or loops of pale pink ribbon. The crown of the bonnet decorated with three magnificent white marabouts, the under one being placed so as to fall rather low on the right side. And we have another style in Ottoman satin beautifully shaded, and made perfectly plain, but full and long in the skirt. Cardinal of rich black velvet, magnificently decorated and embroidered with soutache, à la militaire ; round collar. Bonnet of purple velvet, decorated on the right side with four small neige plumes nuée gold color, the interior ornamented with small puffs of shaded ribbon of the same color as the feathers. BONNETS.-We have already given several styles of bonnets, in the descriptions of the preceding costumes. Generally the velvet bonnets incline over the face, are low at the ears, and of rather a close shape. Young persons look best in velours épinglé, the form low- say, decorated with a wreath of eight coques of velvet encircling the crown, or are in white gros ď d ' Afrique, having a wreath of small pink Marguerites. The bonnet Marquise, and the bonnet of velvet Marguerite are the two richest styles. The first is composed of apple green velvet, and lined with white velvet, the form slightly inclining over the face, and decorated in the interior with very small white marabouts, the exterior being ornamented with two branches of the Indian currant bush, and green marabouts ; the other of Marguerite velvet, being trimmed with a drooping style of feather, composed of marabouts, attached with a daisy flower,


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 WORLD OF FASHION. its leaves surrounding it, the inside of the chapeau having small tufts of feathers. Upon the richest kind of satin bonnets, trimmed with lace, are placed the heron plume of Dalmatia, being a description of aigrette, in its natural color. The coq feathers in all colors are much in vogue in Paris. HEAD DRESSES.-Black lace is now being much used for Evening Costume : they are not fixed upon any foundation, but simply ornamented with bunches of orange colored antilles ; this style of head-dress is called the Clorinde. La Pompadour is also a most becoming coiffure, being composed of white lace intermixed with roses. For full dress a coiffure of gold net-work and grenat velvet, having very long ends descending on each side, and terminated with long gold tassels reaching to the waist, is the favorite. A popular head-dress, called " Coiffure Anne d' antruche," is formed in velvet of four different colors, and ornamented with lace ; there is also the Chapeau Cardinal, a simple and charming fantasie, composed of either black velvet or black lace, and decorated here and there with pale pink feathers. BALL DRESSES.-Perhaps the most fashionable ball dresses are in organdie, beautifully embroidered à colonnettes in white, the dress being composed of three skirts, worn over the other, and all of the same color, though of three different shades, such as rose Ture, rose de Provence, and rose pâle, or the same in blue or lilac. The effect of these dresses is of the most pleasing and coquettish description. For petites soirées the most becoming material is decidedly point d'Alencon, or muslins brochée, trimmed with a mixture of lace and ribbons posés in the most graceful manner. Some of these are called robes dahlias, and others the robes odalisques or robes Christines. We must not omit mentioning, for les grandes soirées, the dresses of Pompadour silk, richly trimmed with berthes and ornaments in guipure, called royale ; also a dress à triple jupe in gaze d'Ispahan ; the hem of the jupe headed with an open net-work of passementerie. ROBES DE CHAMBRE .-The most beautiful robe brought out this season in Paris is of purple cachemire, lined with amber colored gros de Naples, the whole handsomely ornamented with amber colored cords and tassels, rich cordillière of the same. With this costume the hair is worn in curls. In London the latest styles are in Scotch plaid mousseline de laines ; sleeves à religieuse, and in mousseline cachemire, lined with satin and embroidered in soutache of two shades, the shades being in harmony with the principal material and lining down the fronts of the jupe, and round the sleeves and pelerine. One of the principal modestes has brought out one in white flannel embroidered with a Greek border in soutache, and others in cachemire à palmes ; the corsage having facings of satin.

MUFFS. These are made of various furs- the mo costly being of ermine or sable. In form they are eve smaller than those worn last winter, and are ornamente at each end with broad white satin ribbon. BAGS.-These are very fashionable. They are quit small, and mostly composed of velvet or cachemir beautifully embroidered in pearls and gold, and silk brai

DIRGE.

BY ALEXANDER A. IRVINE. Low upon the cold earth lying, Winter winds above thee sighing, Sullen streams to them replying, Thou art laid at rest. Narrow is thy bridal bed, Cold the pillow for thy head, Strangers o'er thee careless tread, And the common earth is spread On that holy breast. When the crescent moon is fading, Mournfully through cloud-rifts wading ; And the solemn sea upbraiding Wails upon the airThen I wander at midnight Where thou liest out of sight, All things in the spectral light, Driving cloud and hill-top white, In my sorrow share.

In the whirling tempest drifting, Over thee the snow is siftingHark! the wind its lone cry lifting Lost upon the lea. Giant trees above thee grow, And their ghastly arms they throw On the bleak sky to and fro, With a sound of utter woeMourners there with me.

By thy side the icy river Plashing wildly foams forever, The long drooping grasses shiver, Crisping in the waveO'er thee lonely bitterns cry, The sea-eagle screams on high, And the wild fox brushes byYet all calmly thou dost lie In thy quiet grave ! Oh! this bitter, long forsaking, Oh! this anguished heart and breaking, Woe is me! there is no waking From thy sleep, my bride. Scarce an hour we were wed— With the blossoms on thy head Thou wert laid amongst the dead Would to God ' t were me instead, Or that both had died!


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 LADIES'

NATIONAL

MAGAZINE.

PHILADELPHIA, AUURST

THE CONSENT

Few

on a bright moonle of June, that no aulering, aria in at about the

Dankon

now to log on the very brink of which rolled the hapl Fools, bent Jals pausing on some sudden para brongit fare alter suother in view of tite several cascades, by two or the gizaning in silvery splendor, beneath the full-osbed, superiorjabe e noon,they were silent-- for they were both sovers evunsellor and guide are, and they needed not language to express Charles had lost his paras feelings. The eloquent logs, the silent grasp and therein we t the hand are sufficient, in auch scenes, without sell a spets, whe is intervention of words. At length, when the game the last turn, and She glorious view of talling waters, boarding in But elidojne, pevertizing long, while the basi the shower dude ps which they fell, was conc of snowy spots thatcerie irst porhees grateful incinge to Heaven- a har enchanted vision, they ad Hi, who not of the scene before out beautiful poured out these liging stresaty friends, and will confusion. The own with Ang is companion's hone pplied eyes, exclaimed in a salon toop These are thy glorious works, parent of God, Almighty Thine this anivered frame. So wondrous Sir Thyself hour wondroue then without ashamed of his emotion, he atte Thell down in silence upon a rock name st hand, where, In a fove moments, his companion also seated hic wulf, od tg degrees their feetbered down to the calm tellitiesof life. While they are, recovering Finton,and tell any readers who they areChorleyManning were both reside ottor fortner, a prestising lawy hed bean plays and school fellows in boy-hood-frienus ana VOL. IV.-4

eliantry

display ed that would arles, laughing lest ising hear that will remain Save to keep yo tion. I confess


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Rh '''§ 101702. Cooperative agreements'''

(a) —A cooperative agreement entered into by the Secretary that involves the transfer of Service appropriated funds to a State, local, or tribal government or other public entity, an educational institution, or a private nonprofit organization to carry out public purposes of a Service program is a cooperative agreement properly entered into under section 6305 of title 31.

(b) —
 * (1) —To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may—
 * (A) enter into cooperative agreements with public or private educational institutions, States, and political subdivisions of States to develop adequate, coordinated, cooperative research and training programs concerning the resources of the System; and
 * (B) pursuant to an agreement, accept from and make available to the cooperator technical and support staff, financial assistance for mutually agreed upon research projects, supplies and equipment, facilities, and administrative services relating to cooperative research units that the Secretary considers appropriate.
 * (2) —This subsection does not waive any requirements for research projects that are subject to Federal procurement regulations.

(c) —To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may—
 * (1) sell at fair market value, without regard to the requirements of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, products and services produced in the conduct of living exhibits and interpretive demonstrations in System units;
 * (2) enter into contracts, including cooperative arrangements, with respect to living exhibits and interpretive demonstrations in System units; and
 * (3) credit the proceeds from those sales and contracts to the appropriation bearing the cost of the exhibits and demonstrations.

(d) —
 * (1) —The Secretary may enter into cooperative agreements with State, local, or tribal governments, other Federal agencies, other public entities, educational institutions, private nonprofit organizations, or participating private landowners for the purpose of protecting natural resources of System units through collaborative efforts on land inside and outside the System units.
 * (2) —A cooperative agreement entered into under paragraph (1) shall provide clear and direct benefits to System unit natural resources and—
 * (A) provide for—


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128 STAT. 3136 :::(i) the preservation, conservation, and restoration of coastal and riparian systems, watersheds, and wetlands;
 * (ii) preventing, controlling, or eradicating invasive exotic species that are within a System unit or adjacent to a System unit; or
 * (iii) restoration of natural resources, including native wildlife habitat or ecosystems;
 * (B) include a statement of purpose demonstrating how the agreement will—
 * (i) enhance science-based natural resource stewardship at the System unit; and
 * (ii) benefit the parties to the agreement;
 * (C) specify any staff required and technical assistance to be provided by the Secretary or other parties to the agreement in support of activities inside and outside the System unit that will—
 * (i) protect natural resources of the System unit; and
 * (ii) benefit the parties to the agreement;
 * (D) identify any materials, supplies, or equipment and any other resources that will be contributed by the parties to the agreement or by other Federal agencies;
 * (E) describe any financial assistance to be provided by the Secretary or the partners to implement the agreement;
 * (F) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to support the purposes of natural resource stewardship at a System unit; and
 * (G) include such other terms and conditions as are agreed to by the Secretary and the other parties to the agreement.
 * (3) —The Secretary shall not use any funds associated with an agreement entered into under paragraph (1) for the purposes of land acquisition, regulatory activity, or the development, maintenance, or operation of infrastructure, except for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities identified in the agreement.

§ 101703. Cooperative management agreements

(a) —To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may enter into an agreement with a State or local government agency to provide for the cooperative management of the Federal and State or local park areas where a System unit is located adjacent to or near a State or local park area, and cooperative management between the Service and a State or local government agency of a portion of either the System unit or State or local park will allow for more effective and efficient management of the System unit and State or local park. The Secretary may not transfer administration responsibilities for any System unit under this paragraph.

(b) —Under a cooperative management agreement, the Secretary may acquire from and provide to a State or local government agency goods and services to be used by the Secretary and the State or local governmental agency in the cooperative management of land.


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Rh (c) —An assignment arranged by the Secretary under section 3372 of title 5 of a Federal, State, or local employee for work on any Federal, State, or local land or an extension of the assignment may be for any period of time determined by the Secretary and the State or local agency to be mutually beneficial.

§ 101704. Reimbursable agreements

(a) —In carrying out work under reimbursable agreements with any State, local, or tribal government, the Secretary, without regard to any provision of law or a regulation—
 * (1) may record obligations against accounts receivable from those governments; and
 * (2) shall credit amounts received from those governments to the appropriate account.

(b) —Amounts shall be credited within 90 days of the date of the original request by the Service for payment.

§ 101901. Utility services

To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may furnish, on a reimbursement of appropriation basis, all types of utility services to concessioners, contractors, permittees, or other users of the services, within the System. The reimbursements for cost of the services may be credited to the appropriation current at the time reimbursements are received.


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 minute, and then added, "An Irish curate would be best, and then I should hunt."

After a minute or two she reverted to her former theme. "There is something queer about Derek. All that family are a bit pottymad gamblers, you know. In the old days they used to gamble away their wives and their estates, and did most reckless things just for the love of it. Derek would have made a perfect highwaymandebonair and gay, just the right manner." She moved to the door. "Well, come down when you feel like it."

Left alone, Katherine gave herself up to thought. Just at present she felt thoroughly ill at ease and jarred by her surroundings. The shock of the discovery in the train and the reception of the news by her new friends jarred upon her susceptibilities. She thought long and earnestly about the murdered woman. She had been sorry for Ruth, but she could not honestly say that she had liked her. She had divined only too well the ruthless egoism that was the keynote of her personality, and it repelled her.

She had been amused and a trifle hurt by the other's cool dismissal of her when she had served her turn. That she had come to some decision, Katherine was quite certain, but she wondered now what that decision had been. Whatever it was, death had stepped in and made all decisions meaningless. Strange that it should have been so, and that a brutal crime should have been the ending of that fateful journey. But suddenly Katherine remembered a small fact that she ought, perhaps, to have told the policea fact that had for the moment escaped her memory. Was it of any real


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title: Public Law 113-287/Chapter 1017


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 importance? She had certainly thought that she had seen a man going into that particular compartment, but she realized that she might easily have been mistaken. It might have been the compartment next door, and certainly the man in question could be no train robber. She recalled him very clearly as she had seen him on those two previous occasionsonce at the Savoy and once at Cook's office. No, doubtless she had been mistaken. He had not gone into the dead woman's compartment, and it was perhaps as well that she had said nothing to the police. She might have done incalculable harm by doing so.

She went down to join the others on the terrace outside. Through the branches of mimosa, she looked out over the blue of the Mediterranean, and, whilst listening with half an ear to Lady Tamplin's chatter, she was glad that she had come. This was better than St. Mary Mead.

That evening she put on the mauvy pink dress that went by the name of soupir d'automne, and after smiling at her reflection in the mirror, went downstairs with, for the first time in her life, a faint feeling of shyness.

Most of Lady Tamplin's guests had arrived, and since noise was the essential of Lady Tamplin's parties, the din was already terrific. Chubby rushed up to Katherine, pressed a cocktail upon her, and took her under his wing.

"Oh, here you are, Derek," cried Lady Tamplin, as the door opened to admit the last comer. "Now at last we can have something to eat. I am starving."

Katherine looked across the room. She was startled.


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 Indians, ‘free’ 23-24

Indians Relief Bill, 335

Indian Stretcher-bearer Corps in the Zulu ‘rebellion’, 97 ff.

Indian traders enter South Africa, 22; their relations with Negroes, 24 ff.; disfranchised in Natal, 29; restrictions imposed upon them, 30

Iyengar, Bhashyam, 52

JAIL, JOHANNESBURG, author’s experiences in, 149 ff.; clothing in, 149, 150; diet in, 152 ff.

Jail, Pretoria, 220

Jail, Volksrust, 220, 311

Jameson, Dr, his raid on Johannesburg, 68

Java, 13

Johannesburg, 3, 4, 19, 68 ff., 85, 96, 97, 98, 111, 130, 149, 154, 157, 178, 184, 202, 213 ff., 234, 239, 262 ff.

John King of Portugal, 5

Joshi, H. I., 98

Juhu, xiv, xv

KACHHALIA, A. M., 132 ff., 148, 173, 179, 192 ff., 213, 308, 320

Kallenbach, H., 178 ff., 234, 236, 238, 240 ff., 248-9, 257, 262 ff., 269, 295, 298, 302-3, 304, 310-11, 313, 322

Kashmir, 3

Kenilworth Castle, s. s., 228

Kheda, Satyagraha in, xiii

Khllafat wrong, Satyagraha against, xiii

Kildonan Castle, s. s., 231

Kitchener, Lord, 16, 18, 80, 182

Kitchin, Herbert, 141, 180

Klerksdorp, 262

Kohinoor, the, 4

Koran, the, 242

Kotval, P. K., 247, 248

Kruger, President, 15, 33, 68

Krugersdorp, 262

LADYSMITH 71, 77, 78 ff.

Lansdowne, Lord, 32, 81

Laughton, F. A., 55

Lawley, 235, 254

Lawley, Sir Arthur, 85

Lazarus, D., 287, 290

Locations, Indians segregated In, 35

Lukin, General, 316, 317

Lutavan, 255

MADANJIT VYAVAHARIK, 175 ff.

Madeira, 120, 124, 126

Madras, 49, 52, 223, 315

Madras Standard, the, 52

Majuba Hill, 14

Malays, the, 13, 36

Marathi, Gokhale requested to speak in, 265-6

Mariannhill, Trappist monastery at, 240

Maritzburg = Pietermaritzburg q. v.

Mauritius, 22, 23, 147

Meat excluded from Tolstoy Farm, 236-7

Medh, S. B., 98, 216

Mehta, Dr Pranjivan Jagjivan, 212

Mehta, Sir Pherozeshah Merwanji, 50, 283

Mehtab, Bai Fatma, 297

Merriman, 37, 228

Milk, the propriety of rejecting, 257

Milner, Lord, 17 ff., 69, 70, 85, 86, 89, 93, 154, 181

Mir Alam, 167 ff., 187, 204

Mirabai, 297

Molteno, Miss, 182

Molteno, Sir John, 36

Moodaley, Jack, 185-6

title: Page:Satyagraha in South Africa.pdf/364


text:
Page:The Mystery of the Blue Train.pdf/126

 So thiswas Derek, and she realized that she was not surprised. She had always known that she would some day meet the man whom she had seen three times by such a curious chain of coincidences. She thought, too, that he recognized her. He paused abruptly in what he was saying to Lady Tamplin, and went on again as though with an effort. They all went in to dinner, and Katherine found that he was placed beside her. He turned to her at once with a vivid smile.

"I knew I was going to meet you soon," he remarked, "but I never dreamt that it would be here. It had to be, you know. Once at the Savoy and once at Cook'snever twice without three times. Don't say you can't remember me or never noticed me. I insist upon your pretending that you noticed me, anyway."

"Oh, I did," said Katherine; "but this is not the third time. It is the fourth. I saw you on the Blue Train."

"On the Blue Train!" Something undefinable came over his manner; she could not have said just what it was. It was as though he had received a check, a setback. Then he said carelessly:

"What was the rumpus this morning? Somebody had died, hadn't they?"

"Yes," said Katherine slowly; "somebody had died."

"You shouldn't die on a train," remarked Derek flippantly. "I believe it causes all sorts of legal and international complications, and it gives the train an excuse for being even later than usual."

"Mr. Kettering?" A stout American lady, who was sitting opposite, leaned forward and spoke to him with the deliberate intonation of her race. "Mr. Kettering,


text:
Page:The Mystery of the Blue Train.pdf/127

 I do believe you have forgotten me, and I thought you such a perfectly lovely man."

Derek leaned forward, answering her, and Katherine sat almost dazed.

Kettering! That was the name, of course! She remembered it now—but what a strange, ironical situation! Here was this man whom she had seen go into his wife's compartment last night, who had left her alive and well, and now he was sitting at dinner, quite unconscious of the fate that had befallen her. Of that there was no doubt. He did not know.

A servant was leaning over Derek, handing him a note and murmuring in his ear. With a word of excuse to Lady Tamplin, he broke it open, and an expression of utter astonishment came over his face as he read; then he looked at his hostess.

"This is most extraordinary. I say, Rosalie, I am afraid I will have to leave you. The Prefect of Police wants to see me at once. I can't think what about."

"Your sins have found you out," remarked Lenox.

"They must have," said Derek; "probably some idiotic nonsense, but I suppose I shall have to push off to the Prefecture. How dare the old boy rout me out from dinner? It ought to be something deadly serious to justify that," and he laughed as he pushed back his chair and rose to leave the room.


text: The Mystery of the Blue Train/Chapter 12


text:
Page:Satyagraha in South Africa.pdf/365

 Morley, Lord, 32, 118, 228

Moses, 16

Motilal, the Vadhvan worker, xi

Mudallar, K. M., 281

Mudaliar, Valliamma, 283-4

Mudalingam, Mrs R. A., 278

NADERI, s. s., 52 ff.

Nagappan, Swami, 224 £f.

Naidoo, Mrs A. P., 278

Naidoo, Mrs P. K., 213

Naidoo, Mrs Thambi, 278

Naidoo, P. K., 223, 295, 303, 304

Naidoo, Thambi, 147, 148, 156, 167, 238

Nanabhai Harldas, Mr Justice, 55

Narayanswaml, 225

Natal, 4, 5, 19, 21 ff.; Indians’ grievances in, 26 ff., 37, 52, 53, 87; passim

Natal Indian Congress, the, founded, 45 ff.

Natal Indian Educational Association founded, 47

Natal Mercury, the, 43

Natesan, G. A., 223

Navajivan, 51

Nawabkhan, 153

Nazar, M. H., 55, 67, 80, 141

Negroes, the, of South Africa, 8; their physique, 8-9; huts, 9; clothing, 10; food innocent of spices or condiments, 10-11; languages, 11; religion, 11; truthfulness, 11; timidity, 11-12; ‘civilization’ leads them into vice and disease, 12-3, 21; their relations with Indian and European traders, 24

Newcastle, 279, 282, 286, 293, 295

Norton, Mr, 52

ORANGE FREE STATE = Orangia q. v.

Orangia, 5, 14, 25; Indian grievances in, 35 ff.

Orloff, the, 4

PALMFORD, 302

Parbhusingh, an Indian, assigned most responsible work at the siege of Ladysmith, 79

Parsi Rustomji, 56 ff., 185, 216, 223, 281

Passive Resistance, phrase first used to denote the Indian struggle but since given up, 109-10; distinguished from Satyagraha, 111

Patel, M. H., 281

Patel, R. M., 281

Peace Preservation Ordinance, 94

Pearson, Willie, 177, 270, 322

Permanent funds, the impropriety of managing public bodies with, 129

Petit, Mrs Jaiji, xii

Phillips, Rev. Charles, 181

Phoenix, 97, 98, 141, 177, 184 ff., 219, 234, 274, 278, 315, 320

Phuka, the cruel practice of, 257

Pietermaritzburg, 4; author pushed out of the train at, 42, 43

Pietermaritzburg jail, 283

Pillai Parameshvaran, 52

Pillay, Miss B. M., 278

Pillay, Miss Minachl, 278

Pillay, Mrs K. C., 278

Pillay, Mrs K. Murugasa, 278

Pillay, Mrs N., 278

Pillay, Mrs N. S., 278

Pioneer, the, 50

Polak, H. S. L., 142, 177, 306 ff., 322 ff.

title: Page:Satyagraha in South Africa.pdf/365


text:
Page:In re Directives.pdf/4

 Under the new statute, the Director of National Intelligence (DNI) and the Attorney General (AG) were permitted to authorize, for periods of up to one year, “the acquisition of foreign intelligence information concerning persons reasonably believed to be outside the United States” if they determined that the acquisition met five specified criteria. Id. These criteria included (i) that reasonable procedures were in place to ensure that the targeted person was reasonably believed to be located outside the United States; (ii) that the acquisitions did not constitute electronic surveillance; (iii) that the surveillance would involve the assistance of a communications service provider; (iv) that a significant purpose of the surveillance was to obtain foreign intelligence information; and (v) that minimization procedures in place met the requirements of 50 U.S.G. § 1801(h). Id. § 1805b(a)(1)–(5). Except in limited circumstances (not relevant here), this multi-part determination was required to be made in the form of a written certification “supported as appropriate by affidavit of appropriate officials in the national security field.” Id. § 1805b(a). Pursuant to this authorization, the DNI and the AG were allowed to issue directives to “person[s]”—a term that includes agents of communications service providers—delineating the assistance needed to acquire the information. Id. § 1805b(e); see id. § 1805b(a)(3).

The PAA was a stopgap measure. By its terms, it sunset on February 16, 2008. Following a lengthy interregnum, the lapsed provisions were repealed on July 10, 2008, through the instrumentality of the FISA Amendments Act of 2008, Pub.L. No. 110–261, § 403, 122 Stat. 2436, 2473 (2008). But because the certifications and directives involved in the instant case were issued during the short shelf life of the PAA, they remained in effect. See FISA Amendments Act of 2008 § 404(a)(1). We therefore assess the validity of the actions at issue here through the prism of the PAA.

[redacted text]

'''II. BACKGROUND'''

Beginning in [redacted text] 2007, the government issued directives to the petitioner commanding it to assist in warrantless surveillance of certain customers [redacted text and footnote ]. These directives were issued pursuant to certifications that purported to contain all the information required by the PAA.

The certifications require certain protections above and beyond those specified by the PAA. For example, they require the AG and the National Security Agency (NSA) to follow the procedures set out under Executive Order 12333 § 2.5, 46 Fed.Reg. 59,941, 59,951 (Dec. 4, 1981), before any surveillance is undertaken. Moreover, affidavits supporting the certifications spell out additional safeguards to be employed in effecting the acquisitions. This last set of classified procedures has not been included in the information transmitted to the petitioner. In essence, as

title: Page:In re Directives.pdf/4


text:
Page:The Royal Book of Oz.djvu/336

About All of the Oz Books The Tin Woodman and his friends have a terrible experience with the wicked giantess, Mrs. Yoop, but the happy spirit and the brave devotion that seems to be a part of the make-up of all Oz people, bring them safely through. In "The Magic of Oz" the jolly little Wizard of Oz is found at his best and Dorothy's adventures with him are truly wonderful. Two strange races appeared in "Glinda of Oz," the thirteenth Oz book. These are the Flatheads, who carried their canned brains in their pockets, because their heads were so flat on top that there was no room in them for brains, and the Skeezers, who lived in a glass-domed city on a magic island. Princess 0zma and Dorothy had many strange experiences when they tried to stop a war between the Flatheads and the Skeezers and were rescued from dire peril by the sorcery of Glina the Good. The publishers cannot close this story of the Oz books without quoting one of the thousands of letters to Mr. Baum from child readers. This one comes from far off Australia.

title: Page:The Royal Book of Oz.djvu/336


text:
Page:In re Directives.pdf/5

 implemented, the certifications permit surveillances conducted to obtain foreign intelligence for national security purposes when those surveillances are directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United States.

The government’s efforts did not impress the petitioner, which refused to comply with the directives. On [redacted text], the government moved to compel compliance. Following amplitudinous briefing, the FISC handed down a meticulous opinion validating the directives and granting the motion to compel.

The FISC’s decision was docketed on [redacted text]. Six business days later, the petitioner filed a petition for review. The next day, it moved for a stay pending appeal. The FISC refused to grant the stay. On [redacted text], the petitioner began compliance under threat of civil contempt. [redacted text]

On [redacted text], the petitioner moved in this court for a stay pending appeal. We reserved decision on the motion and compliance continued. We then heard oral argument on the merits and took the case under advisement. We have jurisdiction to review the FISC’s decision pursuant to 50 U.S.C. § 1805b(i) inasmuch as that decision is the functional equivalent of a ruling on a petition brought pursuant 50 U.S.C. § 1805b(h). See In re Sealed Case, 310 F.3d 717, 721 (Foreign Int.Surv.Ct.Rev.2002).

'''III. ANALYSIS'''

We briefly address a preliminary matter: standing. We then turn to the constitutional issues that lie at the heart of the petitioner’s asseverational array.

Federal appellate courts typically review standing determinations de novo, see, e.g., ''Muir v. Navy Fed. Credit Union'', 529 F.3d 1100, 1105 (D.C.Cir.2008), and we apply that standard of review here.

The FISC determined that the petitioner had standing to mount a challenge to the legality of the directives based on the Fourth Amendment rights of third-party customers. At first blush, this has a counter-intuitive ring: it is common ground that litigants ordinarily cannot bring suit to vindicate the rights of third parties. See, e.g., Hinck v. United States, 550 U.S. 501, 127 S.Ct. 2011, 2017 n. 3, 167 L.Ed.2d 888 (2007); Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). But that prudential limitation may in particular cases be relaxed by congressional action. Warth, 422 U.S. at 501, 95 S.Ct. 2197; see Bennett v. Spear, 520 U.S. 154, 162, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997) (recognizing that Congress can “modif[y] or abrogat[e]” prudential standing requirements). Thus, if Congress, either expressly or by fair implication, cedes to a party a right to bring suit based on the legal rights or interests of others, that party has standing to sue; provided, however, that constitutional standing requirements are satisfied. See Warth, 422 U.S. at 500–01, 95 S.Ct. 2197. Those constitutional requirements are familiar; the suitor must plausibly allege that it has suffered an injury, which was caused by the defendant, and the effects of which can be redressed by the suit. See id. at 498–99, 95 S.Ct. 2197; N.H. Right to Life PAC v. Gardner, 99 F.3d 8,13 (1st Cir.1996).

Here, the petitioner easily exceeds the constitutional threshold for standing. It faces an injury in the nature of the burden that it must shoulder to facilitate the government’s surveillances of its customers; that injury is obviously and indisputably caused by the government through the directives; and this court is capable of redressing the injury.

title: Page:In re Directives.pdf/5


text:
Page:Satyagraha in South Africa.pdf/366

 Poll-tax on Indian labourers, 28

Poona, 50 ff.

Porbandar, 23, 41, 52

Portugal, 5

Portuguese, the, 4

Potchefstroom, 262

Pretoria, 4, 41, 42 ff., 81 ff., 130, 148, 157, 218, 261, 267 ff., 325, 327

Pretoria News, the, 181

Progression, law of, applicable to all righteous movements, 208-10

Punjab wrong, the Satyagraha against, xiii

QUINN, LEUNG, 146, 156

RAGHU NARASU, 304

Rahimkhan, 304

Rajendraprasad, Babu, xii

Rajkot, xii

Raju Govindu, 281

Rama Sundara, Pandit, 137

Ramzan on Tolstoy Farm, 247

Ranade, Mahadev Govind, 50

Redmond, 119

Reuter sends exaggerated summary of the author’s speeches to South Africa, 52

Rickshaw, the author spared the shame of a—ride, 58

Ripon, Lord, 29, 44, 46

Ritch, L. W., 119, 120, 124, 177, 260

Roberts, Lord, 14

Robertson, Sir Benjamin, 327, 330, 331, 333

Rose Innes, Sir James, 323

Roosevelt, President, 92

Rowlatt Act, the, xiii; Satyagraha against, xiii

Royeppen, Joseph, 219, 238

Royeppen, Solomon, 281

Rule, the golden, for the interpretation of agreements, 18

SAIYAD IBRAHIM, 286

Sandals made on Tolstoy Farm, 240-1

Sanitary arrangements on Tolstoy Farm, 239-40

Sarvajanik Sabha, 51 ff.

Satyagraha, advent of, 102 ff.; implications of, xiv, 17, 92-3,

187-8, 209-10, 285, 306; invention of the term, 109-10; distinguished from passive resistance, 111: fresh association organized for, 128 ff.

Satyagraha in India in respect of Viramgam customs, xi, xii; as regards the stopping of indentured labour, xii; in Champaran, xii, xiii; by the mill-hands in Ahmedabad, xiii; in Kheda, xiii; against the Rowlatt Act, xiii; against Khilafat and Punjab wrongs, xiii, xiv; for Swaraj, xiii, xiv

Satyagrahis keen upon keeping promises, 253; their chivalry, 325-6

Saunders, 52

Saurashtra, xi, 23, 41

Savage, Dr, 97

Schlesin, Miss Sonja, 178 ff., 295, 320

Schreiner, Olive, 37, 182 ff.

Schreiner, W. P., 36, 37, 262, 323

Searle, Mr Justice, 276 ff.

Selborne, Lord, 32, 81, 85

Servants, no domestic—on Tolstoy Farm, 236

Shelat, U. M., 98

Shukadeva, 10

Sinha, Ramnarayan, 304

Smuts, General, 15, 17, 90, 130 ff., 154 ff.; his breach of faith (?), 189 ff.; 207 ff., 228 ff., 267, 272, 300, 306, 321 ff.

title: Page:Satyagraha in South Africa.pdf/366


text:
Page:The Royal Book of Oz.djvu/337

About All of the Oz Books 241 St. Kilda Street, Brighton.

Melbourne, Victoria,

Austraiia.

To L. Frank Baum, Esq.,

Royal Historian of Oz,

Hollywood, California, U.S.A.

Oct. 23, 1919.

Dear Mr. Baum: Our Daddy when in America early this year was told of your wonderful Oz stores. He brought back with him six books, and every Wednesday night he reads to us all for an hour before we to bed. We have Ozma of Oz, The Lost Princess of Oz, The Emerald City of Oz, Rinkitink in Oz, The Tin Woodman of Oz, and The Patchwork Girl of Oz.

We love your stories so much thta we are very sorry our Daddy did not bring with him all the Oz books you have written.

We want you to have sent to us all the others, whose titles areThe Road to Oz, Dorothy and the Wizard in Oz, The Land oz Oz, The Scarecrow of Oz, Tik-Tok of Oz, and The Magic of Oz. Also any other Oz books you have written.

Our Daddy is writing this letter for but our names are

Betty Allen. Aged 9 1/2.

Margery Allen. Aged 8.

Dorothy Allen. Aged 6.

Billy Allen. Aged 4.

We have a little brother named Johnny Allen aged 10 months, but he is too young yet to understand your stories. We are enclosing a photograph of us all.

Enclosed please find Money Order for £2-1O-O which we hope will be enough to pay for the books and the postage. Our Daddy suggests that if not enough to please send the books and we will forward the balance by post.

We hope you write a lot more Oz stories. Last Wednesday

title: Page:The Royal Book of Oz.djvu/337


text:
Page:The Royal Book of Oz.djvu/338

About All of the Oz Books night we finished the last book and we will have to wait until the new ones come along.

With love and best wishes.

Yours sincerely, The Allen Kids.

If you want to bring real happiness to any little girls or boys, anywhere, give them an Oz book. The only trouble that can possibly come to you is that you may have to buy more Oz books if you begin. But it will be worth any trouble that you may takefor the spirit of Oz is the Happy Spirit.

The Publishers.

title: Page:The Royal Book of Oz.djvu/338


text:
Page:In re Directives.pdf/6

 That brings us to the question of whether Congress has provided that a party in the petitioner’s position may bring suit to enforce the rights of others. That question demands an affirmative answer.

The PAA expressly declares that a service provider that has received a directive “may challenge the legality of that directive,” 50 U.S.C. § 1805b(h)(1)(A), and “may file a petition with the Court of Review” for relief from an adverse FISC decision, id. § 1805b(i). There are a variety of ways in which a directive could be unlawful, and the PAA does nothing to circumscribe the types of claims of illegality that can be brought. We think that the language is broad enough to permit a service provider to bring a constitutional challenge to the legality of a directive regardless of whether the provider or one of its customers suffers the infringement that makes the directive unlawful. The short of it is that the PAA grants an aggrieved service provider a right of action and extends that right to encompass claims brought by it on the basis of customers’ rights.

For present purposes, that is game, set, and match. As said, the petitioner’s response to the government’s motion to compel is the functional equivalent of a petition under section 1805b(h)(1)(A). The petitioner’s claim, as a challenge to the constitutionality of the directives, quite clearly constitutes a challenge to their legality. Thus, the petitioner’s Fourth Amendment claim on behalf of its customers falls with in the ambit of the statutory provision. It follows inexorably that the petitioner has standing to maintain this litigation.

We turn now to the petitioner’s Fourth Amendment arguments. In the Fourth Amendment context, federal appellate courts review findings of fact for clear error and legal conclusions (including determinations about the ultimate constitutionality of government searches or seizures) de novo. See, e.g., United States v. Martins, 413 F.3d 139, 146 (1st Cir.2005); United States v. Runyan, 290 F.3d 223, 234 (5th Cir.2002). We therefore review de novo the FISC’s conclusion that the surveillances carried out pursuant to the directives are lawful.

The petitioner’s remonstrance has two main branches. First, it asserts that the government, in issuing the directives, had to abide by the requirements attendant to the Warrant Clause of the Fourth Amendment. Second, it argues that even if a foreign intelligence exception to the warrant requirements exists and excuses compliance with the Warrant Clause, the surveillances mandated by the directives are unreasonable and, therefore, violate the Fourth Amendment. The petitioner limits each of its claims to the harm that may be inflicted upon United States persons.

1. The Nature of the Challenge. As a threshold matter, the petitioner asserts that its Fourth Amendment arguments add up to a facial challenge to the PAA. The government contests this characterization, asserting that the petitioner presents only an as-applied challenge. We agree with the government.

A facial challenge asks a court to consider the constitutionality of a statute without factual development centered around a particular application. See, e.g., ''Wash. State Grange v. Wash. State Repub. Party'', — U.S. —, 128 S.Ct. 1184, 1190, 170 L.Ed.2d 151 (2008). Here, however, there is a particularized record and the statute—the PAA—has been applied to the petitioner in a specific setting. The petitioner’s plaints take account of this setting. So viewed, they go past the question of whether the PAA is valid on its face—a question that would be answered by deciding whether any application of the

title: Page:In re Directives.pdf/6


text:
Page:Satyagraha in South Africa.pdf/367

 Snakes on Tolstoy Farm, 252 ff. Socrates, 298 Sodha, Ratansi Muljl, 216 Sodha, Revashankar R,, 281 Solomon, Sir Richard, 124 ff. Sorabji Rustomji, 317 South Africa, climate, 3; geography, 4 ff.; cereals, fruits etc., 5, 6; cattle, 6; landscape, 6; rivers, 6 ff.; agriculture, 7; seasons and rainfall, 7; the Negroes of, 8 ff.; area and population, 8 ff.; the Dutch in, 13 ff.; the Malays in, 13; Indians in, 21 ff. Standerton, 307 Stead, W. T., 17, 182 Stent, Vere, 181 Subrahmanyam, G., 52 Subrahmanyam, Indian labourer, assaulted by his master, 53 Surat, 23 Swaraj, the fight for, xiii, xiv Swazis, the, 8 Symonds, 121

TAAL, THE BOER LANGUAGE, 15 Table Mountain, 6 Tagore, Maharaja J. M., 52 Taib Haji Khanmamad, Indian firm in Pretoria, 41 Tamil, 102, 141, 241, 243, 279 Tata, Sir Ratanjl, 232 Teaching children on Tolstoy Farm, 241 Teakworth, 307 Telugu, 102, 241, 243, 279 Testament, the New, 16 Testament, the Old, 16, 33 Theatre, Empire (Johannesburg), Indians declare Satyagraha at meeting in, 102 ff. Thwaites, Dr, 169 Tibet, 3 Tilak, Lokamanya, 51 ff. Tolstoy, 115, 188 Tolstoy Farm, 133, 232 ff., 298 Transvaal, the, gold and diamond mines in, 4, 14, 25; Indian grievances in, 32 ff., 38, 81, passim Transvaal Immigrants Restriction Act, 206 Transvaal Leader, the, 154, 304 Tulsidas, 286

UNION, THE, OF SOUTH AFRICA, 19

VADHVAN, xi, Vereeniging, the Peace of, 17, 18, 278 Vernon, Police Superintendent, 156, 215 Verulam, 315, 316 Victoria, Queen, 14 Vihari, 238 Viramgam customs cordon, Satyagraha as regards, xi, xii, xiv Volksrust, 214, 218, 290, 297, 299 ff., 310

WASHINGTON, BOOKER T., 92 Weakness, the duty of judging—charitably, 139, 225 Wedderburn, Sir W., 65 ff., 119 West, Albert, 174, 320, 321 West, Miss Ada, 176, 320 White, General, 77 Wylie, Col., 323, 327

YAJNIK, INDULAL, xiv Yeravda Jail, xiv Young India, 51

title: Page:Satyagraha in South Africa.pdf/367


text:
Page:Satyagraha in South Africa.pdf/368

 Yusuf Mian, 130, 158, 167, 192, 204

ZANZIBAR, 178, 266, 269 Zulu ‘rebellion’, Indian stretcher-bearers in, 97 Zulus, the, 8 ff., 21

title: Page:Satyagraha in South Africa.pdf/368


text: Satyagraha in South Africa/Index

title: Satyagraha in South Africa/Index


text:
Makabulos Constitution

The Provisional Republican Government for these Islands, established at Biac-na-bató on the first of November last having been dissolved in accordance with the desires and petitions of the enemy, although such action was contrary to the will of the people, therefore, to-day the representatives of this "Central Luzon" assembled again for the purpose of creating a central executive committee to be a provisional government until the General Government of the Republic in these Islands shall again be established, and after a full discussion adopted unanimously these provisions:

They will establish a government which will be called the General Executive Committee governed over by a President, Vicepresident, Secretary of the Interior, of War, and of the Treasury.

The duties which pertain to this Government are the following: First. To raise and organize the necessary army; to adopt all means calculated to sustain and develop that to which we aspire, making such arrangements as they may believe opportune for the security of the nation; to declare reprisals; to intervene in affairs of the greatest urgency; to procure independence we wish to ratify terms; to modify the decrees and orders of the Army which the Secretary of War deems opportune.

The Vicepresident will act for the President in case of vacancy.

The disposition of the Government must be submitted to the "Junta" for its approbation by majority vote.

The Secretaries will have voice and vote in the deliberations on all acts of any character whatever, and upon their nomination the Subsecretaries and other employees of their respective bureaus will be selected.

When it is necessary to appoint a Secretary of Foreign Affairs, he will have in his charge all correspondence with foreign nations, treaties of all kinds, appointment of representatives to foreign nations, and the composition of its dispatches authorizing the expenses of such functionaries, as by act of the governing council may reside in foreign parts, and furnishing passports for foreign countries.

The duties of the Secretary of the Interior will be the collection of general statistics of the Republic, maintenance of public roads and ways, encouragement of agricultural industries, commerce, art, manufacturing, public instruction, mails, the collection of cattle and horses for the service of the Revolution, police, for the protection and security of public order, and for the exercise of the liberties and individual rights, this Constitution and the protection of the property of the State.

The Secretary of War is in charge of all military correspondence, of the increase or decrease, organization and instruction of the soldiers of the Army, the general staff, clothing, hospital and provisions of the army, rations, and the concession of all kinds of rewards for military service.

The Secretary of the Treasury will have in his charge all the receipts and expenditures of the treasury, their collection and disbursement in accordance with the rules and acts emanating from the decrees of the governing council.

The Secretaries are charged with the publication of all communications, laws, rules, and decrees of their respective offices.

The judicial power will be vested in this Government, notwithstanding there will be named a Judge of Instruction, and he will appoint a representative in a town where they need one, always subject to the arrangements of this Government.

This Constitution will govern in all towns included in this Government until the Central Government of the Republic is duly constituted therein.

All of the articles and orders promulgated by that which was the provisional government of the Republic of these Islands will be valid so long as the council of this committee does not abrogate them.

And therefore, do we, the representatives of the people, so sign, and the board is accordingly organized with the undersigned, pledging with the faith of their honor compliance with whatever is here described, all of those present signing to-day, the 17th of April, 1898.

title: Makabulos Constitution