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 of the age and grade until which schooling is compulsory ensures a wide educational gap between many parents and their children. And occupational shifts like the present movements of farmers and farm workers into urban occupations, give the same picture, When the agricultural worker pictures urban work as a step up in the social scale, and the introduction of scientific farming is so radically reducing the numbers needed in agriculture, the movement of young people born on the farm to city jobs is bound to dazzle the imagination of our farming states during the next generation at least. The substitution of machines for unskilled workers and the absorption of many of the workers and their children into positions where they manipulate machines affords another instance of the kind of historical change which keeps our myth of endless opportunity alive. Add to these special features, like the effect upon the prospects of Negro children of the tremendous exodus from the southern corn fields, or upon the children of New England mill-hands who are deprived of an opportunity to follow dully in their parents’ footsteps and must at least seek new fields if not better ones.

Careful students of the facts may tell us that class lines are becoming fixed; that while the children of immigrants make advances beyond their parents, they move up in step; that there are fewer spectacular successes among them than there used to be; that it is much more possible to predict the future status of the


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] Blackwater. A man named Thomas [whether given name or surname could not be ascertained], who had been trading at Gila Crossing, took charge of White's store after the latter left. The soldiers from the west fought the soldiers from the east at Picacho and were defeated. Then a white man known to the Pimas as Has Viakem came from the east and traded with them.

[John] Walker came from the west with the California Column and learned the Pima language at the same time that Thomas learned the Maricopa.

Gila Crossing. The men of Rso’tûk went to the mountains about Prescott in search of Apaches during the summer of 1862. As they were following a mountain trail they caught sight of a man lying on his coat asleep. From his dress they could not be sure if he were an Apache or a Pima, so two men went to waken him. "How did you sleep?" said they. On hearing this the man sprang up and they saw that he was an Apache. One struck him on the head with his club, but he jumped and would have escaped had not the other shot him. Soon afterwards two Apaches came to the village of Akûtcĭny and their trail was discovered by two Pimas who were hunting for their horses. They followed the Apaches, who ran toward the Estrellas. The elder Pima was some distance ahead of the other when the leading Apache climbed the mountain and the other turned back to fight. The two men used their bows, each endeavoring to protect himself behind a clump of bushes. Finally, as they were chasing each other around the same clump of bushes, the Apache getting the better of the conflict, having wounded the Pima in the elbow and side, the other Pima came up and killed the Apache, who was called by the Pimas Whaiemââ.

Two Maricopas dragged the body of the Apache to a hill near Gila Crossing and tied it to a post, where it remained for some time. A friend of the dead Apache led a party of six to the place where he had fallen and followed the trail of the dragged body to where it stood tied. The friend wept and went away without attempting to remove the body. As the party returned up the river they entered an isolated house in which there were two old Maricopa men. They warmed themselves at the fire, but did not molest the old men.

Salt River. Two Apaches came near the villages and were seen by a man working in the fields; he called to his friends to help him and at once set off after the enemy. When the Apache who was farthest away saw that his companion was in danger he turned back and attacked the first pursuer. The other Apache escaped, but the braver one was killed. The Pimas returned home, but the Maricopas dragged

Rh

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50 the body to the buttes at the point where the Maricopa and Phoenix railroad now crosses the Gila and left it tied to a post. The Apache who ran away led a party of his people to recover the body, but it was afterwards ascertained from the tracks that they turned back just before reaching the spot.

A Pima was killed by the Apaches while the California Column was at the villages and a squad of soldiers accompanied the pursuing party of Pimas as far as the Estrellas, but the enemy escaped. The raid was in the saguaro fruit season "as shown by the red on the dead Pima" [or the month of June, 1862].

Blackwater. Two medicine-men, father and son, were killed during the year because of their supposed machinations against the people.

Gila Crossing, Salt River. For a short time there was peace between the Pimas and Apaches. During this period the Maricopas killed two old men and captured a boy from a party of Apaches who came to the Maricopa village. The boy was sold to a half-brother of the trader A.M. White [named Cyrus Lennan], known to the Pimas as Satcĭny Vâ, Chin Beard.

This man took the boy with him on an expedition against the Apaches. There was a Mexican in the party who understood the Apache language, so that communication was opened with the enemy as soon as they were discovered. The whites placed flour, sugar, and other rations on blankets, and the Apaches, believing that the food was intended as a peace offering, came up to them. The soldiers were accompanied by three Pimas, but they had concealed them under blankets. They had stacked their guns, but retained their side arms concealed. At a signal from the leader of the party the Apaches were fired upon and nearly all of them were killed. Lennan was killed while following the escaping Apaches, but the Pimas killed the man who had thrust a lance into his breast. The place has since been known as Yatâkit k Kâkûta, Place where the snare was set.

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] Salt River. While peace prevailed between the tribes a party of Apaches came to the Pimas to trade goods for ponies. When near the villages they divided into two parties, one of which came on to trade and the other went around to try to steal horses. The thieves were followed and when it was found that their tracks joined those of the party at the villages the Pimas went back and killed many of those who were trading. Some of the Pima warriors overtook the horse thieves and killed several of them.

Blackwater. A Pima was killed by Apaches while looking for his horses near Kâʼmatûk, the hill between Blackwater and the Sacatons.

Gila Crossing, Salt River. This was the first year in which the Pimas were supplied with firearms (by order of General Carleton) and aided the United States soidiers.

Salt River. The Pimas and Maricopas went on a campaign against the Apaches and met a band that had probably ambushed some American soldiers, for they had arms and other army property. The allies rushed the camp of the enemy and captured all that had been taken from the soldiers. When they returned with their spoils to the villages some whites accused them of having killed the soldiers. They told how they obtained the things, but the whites would not believe them. "That is why I do not think the white man is good enough to trust us," said Owl Ear. When several guides took the whites to the battle ground they were satisfied when they saw the dead Apaches there.

Blackwater. In a raid in this year two Apaches were killed and their ears cut off and nailed on a stick.

In an effort to establish peace with the Apaches, the soldiers and Pima scouts took a wagon loaded with rations to the Superstition mountains. The Apaches took it to be a hostile move and attacked the party, killing the driver of the wagon. The Apaches were pursued and several were killed before the trail was lost.

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52

Gila Crossing, Salt River. The Pimas went on a campaign against the Apaches and one of their number was killed. His fellows burned the corpse with the bow and war gear. Dry ironwood was used in the cremation.

In the same engagement another Pima was wounded and came home to die.

Gila Crossing. The Pimas soon afterwards went to the mountains north of Tempe to seek Apaches. Two of their party were killed and a third came home mortally wounded.

Blackwater. Another war party attacked an Apache camp, described as the one at which the children were playing and piling up gourds, and killed several of the enemy.

Gila Crossing. Many died this year of a sickness characterized by shooting pains that resembled needle and knife pricks. One day the three medicine-men who were accused of having caused the disease came home drunk from the Gila Bend stage station and were set upon by their fellow-villagers. Two were killed and the other was seriously but not fatally wounded.

Gila Crossing, Salt River. This year was marked by a devastating fever at Rso’tûk and three medicine-men were killed there in the hope of stopping it.

Blackwater. A party of Pimas accompanied the soldiers to the Verde region and there killed a number of Apaches, among whom was a man with a very long foot.

Gila Crossing. During this year a disease prevailed that from the description would seem to have been malaria. Many died, and the medicine-men were blamed, as usual, for the calamity. Two were killed before the disease abated.

Blackwater. The Pimas went raiding in the Superstition Mountain region and killed one Apache who was running away with his shield but who stumbled and fell.

Gila Crossing. A heavy rain caused a flood which destroyed the store at Casa Blanca.

This was known as the Vamati Tcoki, Snake rain.

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 field from spending money to standards of dress and behaviour. Because of the essentially pecuniary nature of our society, the relationship of limitation in terms of allowance to limitation of behaviour are more far reaching than in earlier times. Parental disapproval of extreme styles of clothing would formerly have expressed itself in a mother’s making her daughter's dresses high in the neck and long in the sleeve. Now it expresses itself in control through money. If Mary doesn’t stop purchasing chiffon stockings, Mary shall have no money to buy stockings. Similarly, a taste for cigarettes and liquor can only be gratified through money; going to the movies, buying books and magazines of which her parents disapprove, are all dependent upon a girl’s having the money, as well as upon her eluding more direct forms of control. And the importance of a supply of money in gratifying all of a girl’s desires for clothes and for amusement makes money the easiest channel through which to exert parental authority. So easy is it, that the threat of cutting off an allowance, taking away the money for the one movie a week or the coveted hat, has taken the place of the whippings and bread-and-water exiles which were favourite disciplinary methods in the last century. The parents come to rely upon this method of control. The daughters come to see all censoring of their behaviour, moral, religious or social, the ethical code and the slightest sumptuary provisions in terms of an economic threat. And then at sixteen or


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] in a dance that occupied four nights. The futher and mother did not dance, but they took care to select the best girls to dance with their daughter "for their good influence." The men and women formed two lines facing each other on the hardened and well-swept plaza outside the house; their arms were extended to embrace those adjoining, and the blankets were stretched along the line to cover as many as they would reach over instead of being wrapped around each individual. The lines advanced and retreated rhythmically while the puberty songs were sung. These songs were in sets that were retained in the memories of certain persons and the set for the night was generally determined by the chance that brought the first leader to the spot when all was ready to begin. It was an exhausting dance, as there was no stopping for rest or food during the night. In the morning all returned to their homes to spend the day in sleep.

During the menstrual period all women were secluded for four days, during which they lived in the bushes near the village, making little shelters to shade them from the sun and occupying their time in making baskets. They lived on pinole, which was brought each morning and left at a short distance from their camp. Sometimes there were several together. They always bathed in the river before returning to their homes.

The youth of Pimería marry "early and often." In the majority of cases the choice is made by the girl who seeks to avoid an alliance with a lazy man. A handsome fellow is of course desired, but when she "knows in her heart" that he is the right man even the homely youth is chosen. As to what is the ideal of physical beauty, questioning naturally elicited only general information. For example, he must be tall and strong; dark, because he will not wrinkle as soon as the lighter colored; he must not be too fat. The woman must not be fat nor yet thin; "she must have good hair and a good face." The writer's informant volunteered information that a stranger might distinguish between the married and the unmarried women by the fact that the latter kept their hair in much better condition than the former. No peculiar style of hair dressing such us that in vogue among the Hopis serves to distinguish the unmarried girls (see pl. ); with the change of state they simply "let themselves go" in a very human way, though even at the worst their hair receives probably more attention than that of the vast majority of their white sisters.

When a youth selects a bride he visits her home in company with a young married friend who pleads his cause while he sits in the background. After several nights of wooing by proxy, if his cause is favored he remains and is accepted as a husband without further ceremony. For four days they remain at her home and on the evening

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184 of the fourth day they go to the home of his parents. At dawn the next morning the mother-in-law gives the bride a large basket of wheat to grind on the metate. She is expected to have completed the grinding by sunrise. In the quaint language of the interpreter we were informed that "if she ran away and left part of it unground it was a sign that she would not be a very good wife. When she finished her work she went quietly into the house and sat talking with those around her until she got acquainted with her new home." The groom presented the bride with a new blanket and his parents gave her presents, but there was no idea of purchase and no gifts were made to the bride's parents.

Occasionally a man possessed such a character that no woman would marry him, and more rarely a woman would remain unmarried. There is one such at Casa Blanca and one at Blackwater at the present time, the latter being regarded as possessed of supernatural powers because of her spinsterhood.

A rejected suitor might appeal to the medicine-man for assistance. If he stole a hair from her head and the medicine-man buried it the girl would die. How like the folklore of the Caucasian is this bit of superstition that savors more of vengeance than of love. But that the divine passion does take strong hold upon the Pimas there can be no doubt, as disappointed hopes have been known to lead to suicide.

Polygamy was practised to some extent, but the division of labor was such that no great economic advantage resulted. There were seldom more than two or three wives, though a chief's son in recent years had six. The plural wives lived in separate houses, the husband spending most of his time with the first. When a youth married he brought his wife to the home of his parents if there was room for them; if not, a house was built near by and the families ate together.

It was the custom for a widower to wed the sister of his deceased wife. "Supposing that she does not like the man and does not wish to marry him?" the writer inquired. Whereupon the answer was given with an air of superior wisdom, "She always wants to." Uncles and nieces are not permitted to marry and cousins do not marry "out of respect of the parents for each other." The most careful search failed to discover any trace of groups within the tribe between which marriage was prohibited.

Separation was lightly regarded and easily effected. The woman usually took the initiative, by either going to the home of her parents or going away with another man. Sometimes such remarks as "Rainbow Leaves is trying to get Sand Cloud's husband away from her," "Dawn Tinkle has changed husbands," were heard. Notwithstand-

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] ing the natural independence of the women, they made an effort to retain the affection of worthy husbands, and even resorted to suicide when deserted. Moreover, the desirability of lasting unions was recognized by some, as, for example, by the father of wise old Sala Hina. "Work well at home," he told her, "Go not to others for the morsel they must needs in hospitality bestow, and then when you serve faithfully your husband he will provide well for you. If the husband you choose proves to be lazy do not desert him; work in the field with him; help and encourage him."

Further evidence in support of the fact that the Pimas were not a degenerate race at the time of the introduction of the white man's whisky and diseases is found in the size of their families. As many as twelve children have been known in a single family, and twins are received with general rejoicing. Every inhabitant of the village brings gifts and the mother feels assured that she will henceforth be a fortunate woman. Male children were preferred, because "they would grow up to fight Apaches." With the consent of the parents deformed infants were taken by the midwife, who watched them until they died of exposure and want of nourishment. So strong was the feeling of the Pimas against the abnormal that they tried in recent years to kill a grown man who had six toes.

Tribal pride is sufficiently strong to induce the Pimas to destroy infants of American or Mexican fathers in the same manner as those which are deformed. The writer learned of but two persons who had escaped such a fate. Inquiries concerning albinos met with the reply that "there never were any." Probably such a child would share the same fate as that accorded any other exhibiting abnormal characteristics.

A pregnant woman was not allowed to eat anything that an animal had touched. For example, if a gopher had cut a vine on which a melon was ripening, she might not eat the fruit; or, if the mice nibbled at a basket of wheat she might not eat of the tortillas made therefrom. She dared not go where Apaches had been killed, or the baby would die. If her husband killed a rattlesnake at that time, her child's stomach would swell and it would die soon after birth. She must not eat liver or her child would he disfigured by birthmarks.

During confinement the husband absented himself from the home and women friends attended the patient, who sat over a hole in the floor in which a cloth had been spread. The placenta was buried in a hole and covered with ashes. The mother bathed in the river immediately after delivery, and until the umbilicus of the child was healed she dared not eat salt. At times much pain was suffered, and some died

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186 in labor, in which case, if the child lived, it was taken in charge by the maternal grandmother.

Babies were nursed until the next child was born. Sometimes a mother nursed a child until it was 6 or 7 years old and if she became pregnant in the meantime she induced abortion by pressure upon the abdomen. The unborn was sacrificed because it was believed to be prejudicial to the welfare of the nursing child, which the mother loved the more "because she could see it." Illegitimate children were aborted at three or four months. One case of abortion at seven months was reported, but it was done with the aid of the medicine-man. These operations were usually successful, but in a small percentage of cases they caused the death of the woman.

No attempt was made by any of the Pimas to explain the cause of sterility.

The tribe has been large enough to prevent ill effects from close inbreeding, and there has been a constant addition of foreign blood. Sala Hina (fig. 51), who is perhaps 65 or 70 years old, recalled the names of three Apache women who had been married by Pimas. One of these had "many children." She had also known two Maricopa men married to Pima women and two Pimas married to Maricopa women. How lasting these unions had been she was unable to say. There is a Hare-eater from Sonora and a Yaqui who have married Pima women at one of the upper villages. Intermarriage with the desert-dwelling Kwahadkʽs has been fairly common. The father of Sala Hina was a Kwahadkʽ and prominent in Piman history as the man who brought the first cattle to the tribe. The few Kwahadkʽ women among the villages make the peculiar pottery that is characteristic of their tribe, and which should not be confounded with that of the Pimas. Detecting a slight dialectic difference in the speech of one of the temporary interpreters the author learned upon inquiry that his mother had been a Kwahadkʽ. Another interpreter said that his people called him "mixed," which is not surprising, as in his veins flowed the blood of Pimas, Maricopas, Papagos, and Apaches, peoples of three distinct linguistic stocks. The greatest influx of foreign blood has been from the related Papago tribe whose caravans annually made their appearance at the harvest season. Some Papago families have always lived with the Pimas, at one time forming an outpost on the north by maintaining a village on the Salt river.

In the past there was also some intermarriage with the Sobaipuris, and there is both traditional and historical evidence of the final amalgamation of the remnants of that tribe with the Pimas. Some were captured by the Apaches, as shown by Bourke in his researches upon the clans of that tribe. "The Apaches have also among them

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By Burns Patterson

YOU lie!" The words were snapped out like the spiteful crack of a revolver by Captain McCarthy, whose great hulking form towered over the cowering figure of Wellington van Sandt.

"You murdered your father!" shouted McCarthy, as his eyes, with a baleful glare, held the red-rimmed orbs of the younger man.

Aside from a white shaft of light that played on the features of the youth thus accused of murder, the room was in semidarkness. McCarthy was resorting to that timeworn instrument of torture of the police, known as "the third degree."

"You murdered your father, I tell you!" yelled McCarthy.

"I didn't," replied young Van Sandt. His eyes were bloodshot, and in them there was the hunted look of a creature in fear of death.

"You lie; you did! Here's the gun with which you finished the old man!" And McCarthy shoved the revolver, with which he declared the crime had been committed, before Van Sandt's eyes. "Your finger prints are on its wooden butt. It has been identified as your gun."

impact of flesh agamst flesh, as the heavy open hand of MeCarthy fell full on the white cheek of the alleeed murderer. Van Sandt’s head went back with a jolt.

“You've told me that before. You know-you are lymg. You've done nothimg but lie ever since you have been in this room. murder of your. father !*

“Oh, Lord, stop it, will you?* pleaded Van Sandi. with tears in his eyes. “Stop it! I tell you I didn’t kill my father. The gun was stolen from my room by the man who mur dered dad, I tell you.”

arly 8

You're guilty of the:

“Grasping the young man by either _ shoulder, McCarthy jerked him to his _


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 that the communal breadfruit pit will be opened in the morning, or that the village will make a great fish trap. If it is moonlight, groups of young men, women by twos and threes, wander through the village, and crowds of children hunt for land crabs or chase each other among the breadfruit trees. Half the village may go fishing by torchlight and the curving reef will gleam with wavering lights and echo with shouts of triumph or disappointment, teasing words or smothered cries of outraged modesty. Or a group of youths may dance for the pleasure of some visiting maiden. Many of those who have retired to sleep, drawn by the merry music, will wrap their sheets about them and set out to find the dancing. A white-clad, ghostly throng will gather in a circle about the gaily lit house, a circle from which every now and then a few will detach themselves and wander away among the trees. Sometimes sleep will not descend upon the village until long past midnight; then at last there is only the mellow thunder of the reef and the whisper of lovers, as the village rests until dawn.


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] Tze-kinne, or Stone-house people, descendants of the cliff-dwelling Sobaypuris, whom they drove out of Aravypa Cañon and forced to flee to the Pimas for refuge about a century ago."

As soon as a child began to creep about it was taken by the parents some afternoon to the medicine-man in order that the rite of purification might be administered and the child's future be rendered free from harmful magic influences. Putting a sacred pebble and an owl feather into a seashell containing water, the medicine-man waved an eagle feather (fig. 100) about, while the parents and the child drank the water and ate some white ashes or a little mud. This simple ceremony was sufficient to thwart the malice of all evil demons; lightning would not strike the child, and the possibility of accidents of all kinds was thus precluded. As a further precaution the mother must not eat salt for four days thereafter.

This appears at first glance to be a modification of the Christian rite of baptism. Further investigation seems to show that it is similar to that and also to a purely aboriginal ceremony that in the opinion of the writer was practised before the advent of the friars. The Pimas declare that their "medicine-men got it up themselves." Cushing found "that the Zuñi of to-day are as eager as were their forefathers for baptism and for baptismal names additional to their own. But it must be remembered," he continues, "that baptism—the purification of the head by sprinkling or of the face by washing with medicine water was a very old institution with this people even before the Spaniards found them." He also ascribes the readiness of various other tribes to receive baptism to the existence of their own similar custom. This readiness is otherwise difficult to account for, as the zeal, and, at times, lack of judgment, of the priests led them to baptize as many of the Indians as they were able to con-

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are of little account in Samoa. But for the birth itself of the baby of high rank, a great feast will be held, and much property given away. The first baby must always be born in the mother’s village and if she has gone to live in the village of her husband, she must go home for the occasion, For several months before the birth of the child the father’s relatives have brought gifts of food to the prospective mother, while the mother’s female relatives have been busy making pure white bark cloth for baby clothes and weaving dozens of tiny pandanus mats which form the layette. The expectant mother goes home laden with food gifts and when she returns to her husband’s family, her family provide her with the exact equivalent in mats and bark cloth as a gift to them. At the birth itself the father’s mother or sister must be present to care for the new-born baby while the midwife and the relatives of the mother care for her. There is no privacy about a birth. Convention dictates that the mother should neither writhe, nor cry out, nor inveigh against the presence of twenty or thirty people in the house who sit up all night if need be, laughing, joking, and playing games. The midwife cuts the cord with a fresh


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188 trol for the purpose; this procedure must have caused trouble very soon had the ceremony been wholly unknown to the natives.

Before a child is a year old it is named by friends of the parents in the following manner: The friends, or godparents, accompanied by other visitors, come for four successive mornings and seat themselves just before sunrise on the ground before the house in which the child lives. First one and then another of the company holds the child for a moment, but if it is a boy the kŏmpalt, godfather, repeats a ceremonial speech, passes his hands across the limbs of the infant and holds it aloft to receive the first rays of the rising sun; then he bestows upon the boy the name by which he shall be known throughout life—though nicknames are common and often supplant the baptismal name to some extent. If it is a girl, the kâmûlt, godmother, delivers the speech and gives the name. Beads were formerly held up to receive the first rays of sunlight, and were then placed about the child's neck. Gifts of clothing, food, baskets, and the like were also made by the godparents, who "think as much of the child afterwards as its own father and mother," said one of our informants. The parents in their turn reciprocate by naming the children of the couple that acts as godparents to their own.

The names assumed by the men during later life are very frequently derived from the sexual organs, particularly those of the female, but such names are never bestowed at the time of baptism. Any unusual event or physical peculiarity may impose a name upon an individual. For example, a man who worked several weeks for the missionary was so well fed that he began to lay on flesh. Ever afterwards he was known as Preacher's Fat. One is known as Uvaatuka, Spread Leg, from his peculiar gait.

From the age of 10 until about the time of marriage neither boys nor girls are allowed to speak their own names. The penalty is bad luck in losing arrows in the case of the boys, in losing the rsa’lĭka, or kiâhâ stick in the case of the girls. The name of a deceased person is not used; he is alluded to as the brother of So-and-so. The word or words in the name, however, are not dropped from the language.

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 bamboo knife and then all wait eagerly for the cord to fall off, the signal for a feast. If the baby is a girl, the cord is buried under a paper mulberry tree (the tree from which bark cloth is made) to ensure her growing up to be industrious at household tasks; for a boy it is thrown into the sea that he may be a skilled fisherman, or planted under a taro plant to give him industry in farming. Then the visitors go home, the mother rises and goes about her daily tasks, and the new baby ceases to be of much interest to any one. The day, the month in which it was born, is forgotten. Its first steps or first word are remarked without exuberant comment, without ceremony. It has lost all ceremonial importance and will not regain it again until after puberty; in most Samoan villages a girl will be ceremonially ignored until she is married. And even the mother remembers only that Losa is older than Tupu, and that her sister’s little boy, Fale, is younger than her brother’s child, Vigo. Relative age is of great importance, for the elder may always command the younger—until the positions of adult life upset the arrangement—but actual age may well be forgotten.

Babies are always nursed, and in the few cases where the mother’s milk fails her, a wet nurse is sought among the kinsfolk. From the first week they are also given other food, papaya, cocoanut [sic] milk, sugar-cane juice; the food is either masticated by the mother and then put into the baby’s mouth on her finger, or if it is


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 * In what (ornamental) apparel may a woman go out, and in what may she not go out? A woman is not allowed to go out (even in private ground) either with woollen or linen bands or with straps on her head to keep her hair in tresses (as a precaution lest she enter public ground and take off the bands to show to her friends, thereby becoming guilty of carrying movable property for a distance of four ells or more). Nor is she to bathe herself with the bands on unless loosened. Nor is she to go out with either Totaphoth or Sarbitin on, unless they are fastened; nor with a hood in public ground, nor with gold ornaments, nor with nose-rings, nor with finger-rings that have no seal, nor with pins. But if she did go out with these things, she is not bound to bring a sin-offering (as they are ornaments and not burdens).

 * "Bathing." Where is bathing referred to (and what has it to do with the Sabbath)? Said R. Na'hman b. Itz'hak in the name of Rabba b. Abuhu: The Mishna means to say: What is the reason that a woman is not allowed to go out with either woollen or linen bands? Because the sages have decided that she is not to bathe herself with them on, even on week days, unless loosened; therefore she shall not (go out with them on) on the Sabbath at all, lest it happen that she become in duty bound to bathe herself, and, while untying her hair, be forced to carry the bands in public ground for a distance of four ells or more.


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 R. Kahana questioned Rabh: "What about a hair-net? Answered Rabh: "You mean to say a woven one? Everything woven has not been restricted." This was also taught in the name of R. Huna b. R. Joshua. According to others the same said: "I have seen that my sisters were not particular to take it off while bathing." And the difference between the two versions is when it was dirty; according to the first version, it does not matter, as everything woven was not restricted; and the second version, where particularity is the case, if they were dirty, they would certainly be particular to take them off.

An objection was raised from Mishna [Miqvaoth, IX. 8]: "When a person bathes, the following objects cause 'intervention' (Chatzitzah): Woollen and linen bands and headstraps (used by maidens)." R. Jehudah says woollen and hair bands do not cause "intervention," because water soaks through them. (Now we see that although woollen and linen bands are woven, yet they are an intervention.) Said R. Huna: "All this concerns only maidens." (And they are an intervention only because they are particular about it.)

R. Joseph in the name of R. Jehudah said that Samuel said that the Halakha prevails according to R. Jehudah in the case of hair bands only. Said Abayi: From the expression "the Halakha prevails" we must infer that there is a controversy between R. Jehudah and the Tana of the above Boraitha. (The Tana said nothing about hair bands.) Shall we assume that because R. Jehudah declares hair bands not to be objects of "intervention," he must have heard the previous Tana mention them? Even if such be the case, it is not probable that R. Jehudah heard that the Tana agrees with him on that point, and hence he says: "If he agrees with me on this point, why not in the other instances also?" Said R. Na'hman in the name of Samuel: Read, The sages agree with R. Jehudah with respect to hair bands.

This is supported by a Boraitha. Woollen bands cause intervention, but hair bands do not. R. Jehudah, however, said: "Neither of them causes intervention."

Said R. Na'hman b. Itz'hak: It seems to be so from the expression of our Mishna: "A woman may go out with hair bands, be they her own or her friends'." Whose opinion does this Mishna represent? Can we say R. Jehudah's? He permits even woollen bands. We must say it is in accordance with the above rabbis; hence they do not differ as regards hair bands.


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48

I have read the foregoing ___ pages, which contain the correct transcript of the answers made by me to the questions therein recorded.


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 liquid, a piece of bark cloth is dipped into it and the child allowed to suck it, as shepherds feed orphaned lambs. The babies are nursed whenever they cry and there is no attempt at regularity. Unless a woman expects another child, she will nurse a baby until it is two or three years old, as the simplest device for pacifying its crying. Babies sleep with their mothers as long as they are at the breast; after weaning they are usually handed over to the care of some younger girl in the household. They are bathed frequently with the juice of a wild orange and rubbed with cocoanut oil until their skins glisten.

The chief nurse-maid is usually a child of six or seven who is not strong enough to lift a baby over six months old, but who can carry the child straddling the left hip, or on the small of the back. A child of six or seven months of age will assume this straddling position naturally when it is picked up. Their diminutive nurses do not encourage children to walk, as babies who can walk about are more complicated charges. They walk before they talk, but it is impossible to give the age of walking with any exactness, though I saw two babies walk whom I knew to be only nine months old, and my impression is that the average age is about a year. The life on the floor, for all activities within a Samoan house are conducted on the floor, encourages crawling, and children under three or four years of age optionally crawl or walk.

From birth until the age of four or five a child's


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 "Nor with Totaphoth." What are "Totaphoth"? Said R. Joseph: "A balm bandage for sanitary use (Humrate diqetiphta)."

Said Abayi to him: "Then let it be permitted as an amulet made by a reliable expert." (During Abayi's time this difficulty was not solved.) R. Jehudah, however, in the name of Abayi said: "It is an Absayim" (a gold ornament). This is supported in the following Boraitha: "A woman may go out with a gilded hair-net, and Totaphoth or Sarbitin when fastened to the hair-net." What are Totaphoth and what Sarbitin? Said R. Abuhu: "The former are bands that reach from ear to ear, and the latter bands that reach from temple to temple." R. Huna said: "The poor make them of all kinds of colored material, and the rich make them of gold or silver."

"Nor with a hood." Said R. Yanai: "I cannot understand what kind of a hood the Mishna means; is it a slave's hood that it prohibits and permits a woollen hood, or does it prohibit woollen hoods and so much more slaves' hoods? Said R. Abuhu: It seems that a woollen hood is meant. And so we have learned plainly in the following Boraitha: "A woman may go out with a hood and head ornament in her yard." R. Simeon b. Elazar says: With a hood even in a public ground. "It is a rule," said he, "that anything below the 'Shebha'ha' (hairnet) is permitted to be worn, but anything above it is not. Samuel, however, said the Mishna alludes to the slave's hood.

Did, indeed, Samuel say so? Did he not say the slave may go out with the mark (he wears) around his neck, but not with the mark on his clothes? This presents no difficulty. The former applies to the mark made for him by his master (in which case there is no fear of the slave removing and carrying it), while the latter applies to the mark made by himself. What meaning do you attach to Samuel's statement? If he permits the wearing of the mark on the slave's neck because the master made it and the slave will fear to remove it, could not the master also make the mark on the slave's clothes? Yea, but the slave might lose the mark, and for fear of his master he will fold up his coat and carry it on his shoulders (in public ground). And according to R. Itz'hak b. Joseph it is prohibited. This is also


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 education is exceedingly simple. They must be housebroken, a matter made more difficult by an habitual indifference to the activities of very small children. They must learn to sit or crawl within the house and never to stand upright unless it is absolutely necessary; never to address an adult in a standing position; to stay out of the sun; not to tangle the strands of the weaver; not to scatter the cut-up cocoanut which is spread out to dry; to keep their scant loin cloths at least nominally fastened to their persons; to treat fire and knives with proper caution; not to touch the kava bowl, or the kava cup; and, if their father is a chief, not to crawl on his bed-place when he is by. These are really simply a series of avoidances, enforced by occasional cuffings a deal of exasperated shouting and ineffectual conversation.

The weight of the punishment usually falls upon the next oldest child, who learns to shout, “Come out of the sun,” before she has fully appreciated the necessity of doing so herself. By the time Samoan girls and boys have reached sixteen or seventeen years of age these perpetual admonitions to the younger ones have become an inseparable part of their conversation, a monotonous, irritated undercurrent to all their comments. I have known them to intersperse their remarks every two or three minutes with, “Keep still,” “Sit still,” “Keep your mouths shut,” “Stop that noise,” uttered quite mechanically although all of the little ones present may have been behaving as quietly as a


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 supported by a Boraitha, which teaches us distinctly that the slave may go out with the mark on his neck, but not on his clothes. In like manner Samuel once said to R. Hanina b. Shila: "None of the rabbis that call on the Exilarch should go out with their insignia on their clothes (on the Sabbath) save you. He would not be angry with you were you to go to him without them (hence, not being a necessary burden, you may wear them or not, as you choose)."

The master said: "Not with a bell," etc. Why not? Lest it break off and one may carry it. Then why should the same not be feared in regard to a bell attached to his clothes? Here a bell is treated of that was made by an expert and was woven right in with the cloth. This is also in accord with what R. Huna b. R. Joshua said: "Everything that is woven they did not restrict."

"Nor with a golden ornament." What was this golden ornament? Said Rabba b. b. Hana in the name of R. Johanan: "A golden (ornament with an engraving of the city of) Jerusalem on it," such as R. Aqiba made for his wife.

The rabbis taught: A woman shall not go out wearing a golden ornament; but if she did so, she becomes liable to bring a sin-offering. So is the decree of R. Meir, but the sages say: She must not go out wearing it; if she did, however, she is not culpable. But R. Eliezer said: A woman may go out wearing a golden ornament to commence with. Wherein do they differ? R. Meir holds it to be a burden, and the rabbis hold it to be an ornament; then why should she not wear it to commence with? Lest she take it off to show it to her friends and thus happen to carry it; but R. Eliezer reasons differently. Who generally go out with such valuable golden ornaments? Prominent women; and prominent women will not remove them for the purpose of exhibiting them to friends.

Rabh prohibits the wearing of a crown-shaped ornament, and Samuel permits it. Both agree that the wearing of a crown-shaped ornament is permissible, as there is no fear that the woman will remove it; where they do differ, however, is as to a golden and jewelled ornament. The former holds that there is fear of her removing it in order to exhibit it, and thus probably happen to carry it, while the latter contends that as only prominent women wear such costly ornaments no fear need be entertained on that score.

Said R. Samuel b. b. Hana to R. Joseph: You distinctly


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 Rh

ADOPTED: September 28, 1966

A Pan American World Airways, Inc., B-707-21B, N761PA, experienced an explosive disintegration of the third stage turbine disk of the No. 4 engine at approximately 1410 P.d.t., June 28, 1965. The accident occurred shortly after takeoff from San Francisco International Airport, San Francisco, California, at an altitude of about 800 feet above the ground. Disintegration of the turbine disk was followed by a fire in the No. 4 engine area and an explosion in the outboard reserve fuel tank. The No. 4 engine and approximately 25 feet of the right outer wing separated from the aircraft.

The fire was extinguished and a successful emergency landing was accomplished at Travis Air Force Base, California, with no injuries to the 143 passengers or 10 crewmembers aboard the flight.

The Board determines that the probable cause of this accident was the failure of the third stage turbine disk. This failure was caused by a transient loss of operating clearance between the third stage turbine disk and the third stage inner sealing ring. This loss of clearance resulted from a combination of improper turbine rotor positioning during engine assembly, the use of serviceable worn parts, and an operating clearance which was less than predicted in design analysis.

1.1 History of Flight

Flight 843, a Pan American World Airways B-707-321B, N761PA, was a regularly scheduled international passenger operation. The flight departed San Francisco International Airport, San Francisco, California, at approximately 1409 P.d.t. June 28, 1965, for Honolulu, Hawaii.

Witnesses stated that the takeoff and initial climb were normal. Shortly after the climb was initiated at an altitude of approximately 800 feet, ground witnesses observed a fire around the No. 4 engine. At this time the crew noted heavy vibration, and yawing of the aircraft. The crew initiated shut down procedures of the No. 4 engine until they received an intermittent fire warning signal. They then initiated engine firefighting procedures for the No. 4 engine. During this


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 are denied to us when our materials are humanity and the whole fabric of a social order. The test colony of Herodotus, in which babies were to be isolated and the results recorded, is not a possible approach. Neither is the method of selecting from our own civilisation groups of children who meet one requirement or another. Such a method would be to select five hundred adolescents from small families and five hundred from large families, and try to discover which had experienced the greatest difficulties of adjustment at adolescence. But we could not know what were the other influences brought to bear upon these children, what effect their knowledge of sex or their neighbourhood environment may have had upon their adolescent development.

What method then is open to us who wish to conduct a human experiment but who lack the power either to construct the experimental conditions or to find controlled examples of those conditions here and there throughout our own civilisation? The only method is that of the anthropologist, to go to a different civilization and make a study of human beings under different cultural conditions in some other part of the world. For such studies the anthropologist chooses quite simple peoples, primitive peoples, whose society has never attained the complexity of our own. In this choice of primitive peoples like the Eskimo, the Australian, the South Sea islander, or the Pueblo Indian, the anthropologist is guided by the knowledge that the analysis


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 told us in the name of Rabh that an ornament in the shape of a crown may be worn.

Levi lectured in Neherdai that a crown-shaped ornament may be worn; whereupon twenty-four women in Neherdai went out with crown-shaped ornaments on.

Rabba b. Abuhu lectured the same in Mehutza, and eighteen women went out of one alley wearing those ornaments.

R. Jehudah in the name of Samuel said: "A belt may be worn." Some one said a leather belt (even if jewelled). Said R. Saphra: "Why! Even a golden belt jewelled, for is it not equal to a golden garment?" Said Rabhina to R. Ashi: "How is it with a belt worn over a sash?" Answered R. Ashi: "By this you mean two belts" (and this is prohibited). R. Ashi, however, said: "A sash may be worn only when it is securely fastened, but not otherwise."

"Nor with a nose-ring." What is a nose-ring? It is a nose-band.

"Nor with finger-rings," etc.; but if the ring have a seal it is prohibited, as it is not an ornament. Is this not contradicted from Kelim, XI. 8? The following ornaments of women are subject to defilement: Chains, nose-rings, rings, finger-rings either with or without a seal, and nose-bands. Said R. Na'hman b. Itz'hak: "You quote a contradiction in the laws of defilement as against the laws of Sabbath. As for defilement, the Torah requires an utensil [Numbers, xxxi. 20], and such it is; but as for Sabbath, it refers to a burden; hence a ring without a seal is an ornament, with a seal it is a burden (for women)."

"Nor with a pin." For what purpose can a pin be used? R. Ada from Narsha explained it before R. Joseph: Women part their hair with it. Of what use is it on Sabbath? Said Rabha: On week days they wear a golden plate on their heads; the pin is used for parting the hair and holding down the plate; but on Sabbath the pin is put against the forehead.

 * One is not to go out with iron-riveted sandals, nor with one (iron-riveted shoe) unless he has a sore on his foot, nor with phylacteries, nor yet with an amulet unless made by a reliable expert, nor with a shield, helmet, or armor for the


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 legs; but if he has gone out (with either of these) he is not liable for a sin-offering.

GEMARA: "Iron-riveted sandal." What is the reason of its being prohibited? Said Samuel: "It happened toward the close of the persecutions (of the Jews) that a party of men hid themselves in a cave with the understanding that after once entering no one was to go out. Suddenly they heard a voice on the outside of the cave, and thinking the enemies were upon them, they began crowding each other into the farthest recesses of the cave. During the panic that ensued more men were trampled to death by the iron-riveted sandals worn by the party than the enemies would have killed. At that time it was enacted that a man must not go out (on Sabbath) with iron-riveted sandals." If this be the reason, let it also be prohibited on week days? Because it occurred on a Sabbath! Then let it be allowed on a festival; why then is it stated that on a festival it must not be sent (Betzah, 26, Mishna)? And furthermore, why is it forbidden on Sabbath? Because the people usually assemble on that day; and the same is the case with a festival. But do they not assemble on a congregational fast—why then should it not be prohibited also then? When the above-mentioned happened it was a prohibited assembly, but all these assemblies are permitted. And even according to R. Hanina b. Aqiba, who said concerning defilement that this prohibition is only in the Jordan in a boat, as the case happened, it is because the Jordan is different in width and depth from other rivers; but Sabbath and a festival are alike as regards labor.

Said R. Jehudah in the name of Samuel: This (the prohibition of the sandals in question) is only with regard to such as are riveted for the sake of durability, but not with regard to such as are riveted for the sake of decoration. How many (rivets are considered to be for the latter purpose)? R. Johanan said five in each. R. Hanina said seven in each. Said R. Johanan to R. Samon b. Aba: "I will explain to you the difference between my opinion and that of R. Hanina. I mean two rivets on each side of the sandal and one in the centre, while he means three on each side and one in the centre. The Gemara declared that R. Hanina is in accordance with R. Nathan, who permits seven; and R. Johanan is in accordance with R. Nohorai, who permits only five. And Aipha said to Rabba b. b. Hana: "Ye who are the disciples of R. Johanan may act according to him; we, however, are acting in accordance with R.


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4. 2

a man with the help of Jehovah.  And again she bare his brother Abel. And Abel was a keeper of sheep, but Cain was a tiller of the ground.  And in process of time it came to pass, that Cain brought of the fruit of the ground an offering unto Jehovah.  And Abel, he also brought of the firstlings of his flock and of the fat thereof. And Jehovah had respect unto Abel and to his offering:  but unto Cain and to his offering he had not respect. And Cain was very wroth, and his countenance fell.  And Jehovah said unto Cain, Why art thou wroth? and why is thy countenance fallen?  If thou doest well, shall it not be lifted up? and if thou doest not well, sin coucheth at the door; and unto thee shall be its desire, but do thou rule over it.  And Cain told Abel his brother. And it came to pass, when they were in the field, that Cain rose up against Abel his brother, and slew him.

And Jehovah said unto Cain, Where is Abel thy brother? And he said, I know not: am I my brother's keeper?  And he said, What hast thou done? the voice of thy brother's blood crieth unto me from the ground.  And now cursed art thou from the ground, which hath opened its mouth to receive thy brother's blood from thy hand;  when thou tillest the ground, it shall not henceforth yield unto thee its strength; a fugitive and a wanderer shalt thou be in the earth.  And Cain said unto Jehovah, My punishment is greater than I can bear.  Behold, thou hast driven me out this day from the face of the ground; and from thy face shall I be hid; and I shall be a fugitive and a wanderer in the earth; and it will come to pass, that whosoever findeth me will slay me.  And Jehovah said unto him, Therefore whosoever slayeth Cain, vengeance shall be taken on him sevenfold. And Jehovah appointed a sign for Cain, lest any finding him should smite him.

And Cain went out from the presence of Jehovah, and dwelt in the land of Nod, on the east of Eden.  And Cain knew his wife; and she conceived, and bare Enoch: and he builded a city, and called the name of the city, after the name of his son, Enoch.  And unto Enoch was born Irad: and Irad begat Mehujael; and Mehujael begat Methushael; and Methushael begat Lamech.  And Lamech took unto him two wives: the name of the one was Adah, and the name of the other Zillah.  And Adah bare Jabal: he was the father of such as dwell in tents and have cattle.  And his brother's name was Jubal: he was the father of all such as handle the harp and pipe.  And Zillah, she also bare Tubal-cain, the forger of every cutting instrument of brass and iron: and the sister of Tubal-cain was Naamah.  And Lamech said unto his wives:

And Adam knew his wife again; and she bare a son, and called his name Seth: For, said she, God hath appointed me another seed instead of Abel; for Cain slew him.  And to Seth, to him also there was born a son; and he called his name Enosh. Then began men to call upon the name of Jehovah.

This is the book of the generations of Adam. In the day that God created man, in the likeness of God made he him;  male and female created he them, and blessed them, and called their name Adam, in the day when they were created.  And Adam lived a hundred and thirty years, and begat a son in his own likeness, after his image; and called his name Seth:  and the days of Adam after he begat Seth were eight hundred years: and he Rh


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 Hanina." R. Huna questioned R. Ashi: "How is the law if there were five?" And he said: "Even seven is permitted." "And how is it if there were nine?" And he rejoined: "Even eight is prohibited. A certain shoemaker asked of R. Ami: "How is it if the sandal is sewed from the inside?" He answered: "I have heard that it is permitted, but I can give you no reason." Said R. Ashi: "Does master not know the reason? Being sewed from the inside, it is no longer a sandal but a shoe; and the rabbis' precaution was against the riveted sandal, but not in regard to shoes."

There is a Boraitha: One must not go out with an iron-riveted sandal and shall not walk in them from one room to another, not even from one bed to another (in the same room); but it may be handled to cover vessels with or to support one of the bed-stands with. R. Elazar b. Simeon prohibits even this, unless the majority of rivets fell out and but four or five remain. Rabbi limits the permission to seven (rivets). If the soles are made of leather and the uppers are riveted, it is permitted. If the rivets are made like hooks, or are flat-headed, or pointed, or pierce through the sandal to protect the sole, it is permitted.

R. Massna, others say R. Ahadboy b. Massna in the name of R. Massna, said: "The Halakha does not prevail in accordance with Elazar b. Simeon." Is this not self-evident? When one individual opinion conflicts with a majority, the opinion of the majority prevails. Lest one suppose that, because R. Elazar b. Simeon gave a reason for his statement, should it be accepted, he comes to teach us that it is not so.

Said R. Hyya: "Were I not called a Babylonian, who permits what is prohibited, I would permit considerably more. How many? In Pumbeditha they say twenty-four, and in Sura they say twenty-two." Said R. Na'hman b. Itz'hak: "It seems by your remark that on the road from Pumbeditha to Sura you lost two."

"Nor with one," etc. But if his foot is sore he may go out. On which foot may he wear the shoe? On the foot that is sore (for protection).

The rabbis taught: When one puts on his shoes he should commence with the right shoe; when he takes them off he should commence with the left. When one bathes he should wash the right side first; when he anoints himself he should anoint the right side first, and whoever anoints the whole body


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 fices of my governor and captain-general. My purpose in advising you thereof is that, having taken note of it, you may do all that is requisite for the establishment of the Audiencia and the receiving of my royal seal. This must follow the same procedure which would be observed in the reception of my royal person. Accordingly, as soon as you shall hear of its arrival, you shall go to receive the seal, accompanied by the auditors, the fiscal, all the soldiers in military array, the citizen encomenderos, my officials, and all others in public positions. The said seal will be contained in a box borne under a canopy, the supports of which shall be carried by the regidors of the city. The box will be borne by a horse, richly caparisoned, and having on the two sides of its hangings, which must be of brocade or silk, two shields bearing my royal arms, the face [of the horse] being covered with cloths [a frontal] of the same [material]. You, with your retinue, shall precede the canopy, and the soldiers in military array, with their captains, under rule and command of the master-of-camp as general, shall follow it. All of you shall go straight to the cathedral with bared heads, where the archbishop will be waiting, clad in his pontifical vestments, together with all his clergy. He shall go to the door, where you and all the people shall stop. Then you shall take the box in both hands, and shall approach the altar, near which in the principal chapel there shall be a chair of state. There you shall place the box, and the archbishop shall repeat


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 Signed by the president and members of the Council.

[In the margin at the beginning of this document: "To Don Francisco Tello, governor of the Philipinas Islands, in regard to the establishment of the Audiencia, and the receiving of the royal seal."]


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 should commence with the head, for the head is the king of all the members (of the body).

"Nor with phylacteries;" but if he went out with them on, he is not liable for a sin-offering. Said R. Saphra: This is not only in accordance with him who holds Sabbath is a day for (wearing) phylacteries, but it is even in accordance with him who holds that it is not. What is the reason? Because phylacteries are put on in the same manner as a garment.

"And not with an amulet," etc. Said R. Papa: "Do not presume that both the maker and the amulet must be reliable; it is sufficient if the maker only is reliable." So it seems to be from the statement in the Mishna: "And not with an amulet that was not made by a reliable expert." It does not say with a reliable amulet.

The rabbis taught: Which are to be considered such? If they have cured three times, no matter whether they contained inscriptions (of mystic forms) or (certain) medicaments. If the amulet is for a sickness, be it serious or not, or if it is for one afflicted with epilepsy, or only serves as a preventive, one may fasten or unfasten it even in public ground, provided he does not fasten the amulet to a bracelet or a finger-ring, to go out with it in public ground, lest those who see it think that it is being worn as an ornament. Did not a Boraitha state that only such amulets as cured three different parties are reliable? This presents no difficulty. Here we are taught as to the reliability of the expert who made the amulet, while in the latter Boraitha we are taught as to the reliability of the amulet itself.

Said R. Papa: It is certain to me that where three different amulets were given to three different (human) sufferers at three different times (and a cure was effected), both the amulets and the expert who made them are reliable. Where three different amulets were given to three different sufferers only once, the expert is reliable, but not the amulets. Where one and the same amulet was given to three different sufferers, the amulet is reliable, but not the expert; but how is it with three different amulets given to one man for three different diseases? Certainly, the amulets are not reliable (for each cured only once), but how is it with the expert? Should he be considered reliable or not? If we say that the expert cured him, perhaps it was only the fate of the sufferer that he should be cured by a script? This question remains.

The schoolmen propounded a question: Is there any sanc-


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 with, has paid the troops of war and incurred other expenses; and now he again accepts it and agrees to the terms contained in the said act, and obliges himself to it, and to be bound by everything in it, and promises and binds himself accordingly to keep and comply with it in every way and in every manner, and he will bind himself formally. Accordingly he signed it, witnesses being Luis Bagado and Geronimo Suares, and he signed it with his name.

Before me:

In compliance with his answer, he has formally bound himself with his person and goods, all of which is provided by the acts issued in this matter.


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 It is obvious that an animal cannot function as a plaintiff in the same manner as a juridically competent human being. But we see no reason why Article III prevents Congress from authorizing a suit in the name of an animal, any more than it prevents suits brought in the name of artificial persons such as corporations, partnerships or trusts, and even ships, or of juridically incompetent persons such as infants, juveniles, and mental incompetents. See, e.g., Sausalito, 386 F.3d at 1202, 2004 WL 2348885 (city is a “person” that can bring suit under the APA); Walker v. City of Lakewood, 272 F.3d 1114, 1123 n. 1 (9th Cir.2001) (non-profit corporation had standing to sue under FHA and FEHA); The Gylfe v. The Trujillo, 209 F.2d 386 (2d Cir.1954) (discussing counterclaim by ship as “injured party” in collision litigation); Cruzan by Cruzan v. Director, Missouri Dept. of Health, 497 U.S. 261, 266, 110 S.Ct. 2841, 111 L.Ed.2d 224 (1990) (plaintiff Nancy Cruzan was in “persistent vegetative state”); see also Christopher D. Stone, Should Trees Have Standing?-Toward Legal Rights for Natural Objects, 45 S. Cal. L.Rev. 450, 452 & n.13 (1972) (“The world of the lawyer is peopled with inanimate rights holders: trusts, corporations, joint ventures, municipalities, Subchapter R partnerships, and nation-states, to mention just a few.”).

If Article III does not prevent Congress from granting standing to an animal by statutorily authorizing a suit in its name, the question becomes whether Congress has passed a statute actually doing so. We therefore turn to whether Congress has granted standing to the Cetaceans under the ESA, the MMPA, NEPA, read either on their own, or through the gloss of Section 10(a) of the APA.

Section 10(a) of the APA provides: "A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof."

5 U.S.C. § 702. When a plaintiff seeks to challenge federal administrative action, Section 10(a) provides a mechanism to enforce the underlying substantive statute. Section 10(a) grants standing to any person “adversely affected or aggrieved by a relevant statute,” making the relevant inquiry whether the plaintiff is hurt within the meaning of that underlying statute.

If a statute provides a plaintiff a right to sue, it is often said that the plaintiff has been granted a “private right of action.” See, e.g., Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir.2001) (en banc) (explaining that 42 U.S.C. § 1983 creates a “private right of action against individuals who, acting under color of state law, violate federal constitutional or statutory rights.”). The phrase “private right of action” is sometimes used in the context of administrative law to refer to a right to challenge administrative action that is explicitly and directly provided by a particular statute, in contrast to a right to challenge administrative action granted only when the statute is read with the gloss of Section 10(a) of the APA. See, e.g., Lujan v. National Wildlife Federation, 497 U.S. 871, 882, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990). This manner of speaking is somwhat misleading when a plaintiff seeks to challenge an administrative action, for the end result is the same whether the underlying statute grants standing directly or whether the APA provides the gloss that grants standing. In both cases, the plaintiff can bring suit to challenge the administrative action in question. In the first case, the substantive statute grants statutory standing directly to the plaintiff. In

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To Don Francisco Thello, my governor and captain-general of the Philipinas Islands. Through God's grace, the affairs of those islands are daily assuming greater proportions—both because of the many exploring expeditions by which that island and the others of that great archipelago are becoming settled; and because of the Chinese trade and commerce, which likewise are a cause of increase in the consequence of affairs there. Hence, in matters of justice, there should be such expedition as is desirable, without its being necessary for the parties to go to the City of Mexico, in order to carry on their cases—thus spending and consuming their means in these long voyages, or else running risk of losing their rights. And also, if you are disengaged from matters pertaining to justice, you will have more time for matters of government and war; or in important and arduous cases you may find it advisable to have those with whom to take counsel, that matters may be considered with the requisite continuity and by a sufficiently large body of advisers. For these reasons, I have decided to reëstablish an audiencia in that city of Manila, as in former years. You shall be president thereof, holding this office with the of-


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 tity in an amulet or not? For what purpose are we to know this? In order to enter a privy; if there is any sanctity in the amulet this would not be allowed, otherwise it would.

Come and hear. We have learned in a Mishna: "Not with an amulet unless made by a reliable expert." From this we see that if made by a reliable expert one may go out with it. Now, if we say that there is sanctity in the amulet, how can we say that one may go out with it? Perhaps he shall be compelled to enter a privy, he will have to take it off, and thus be forced to carry it four ells or more in public ground.

 * A woman shall not go out with an ornamental needle (with a hole in), nor with a ring that has a seal, nor with a Kulear, nor with a Kabeleth, nor with a perfume bottle. And if she does, she is liable for a sin-offering. Such is the opinion of R. Meir. The sages, however, freed her in the case of the two latter.

 * Said Ulla: "With men it is (concerning a finger-ring) just the reverse." That is to say, Ulla is of the opinion that what is right for women is not right for men, and what is right for men is not right for women. Said R. Joseph: "Ulla is of the opinion that women form a class of their own." Rabha, however, says it often happens that a man gives his wife a ring with a seal on, to put away in a box, and she puts it on her finger until she comes to the box; again, it happens that a wife gives her husband a ring without a seal for the purpose of having him give it to a jeweller to repair, and until he comes to the jeweller he puts it on his finger. Thus it happens that a woman may wear a man's ring and a man a woman's (temporarily).

What is Kabeleth? Cachous (for purifying the breath). The rabbis taught: A, woman must not go out with Kabeleth, and if she did so she is liable for a sin-offering. This is the opinion of R. Meir, but the sages say she should not go out with it, yet if she does she is not liable. R. Eliezer, however, says she may go out with it to commence with. Wherein do they differ? R. Meir holds that it is a burden, the sages that it is an ornament; and the reason that she should not go out with it is lest she take it off to show to her friends, and thus perchance carry it in her hand. R. Eliezer, however, permits it to be carried to commence with, because, said he, who generally carry such? Women whose breath emits a bad odor, and surely they will not take them off to show them, hence there is no apprehension that they will carry them four ells or more on public ground.


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 Lordship, so that they may carry it on to his Majesty; and the royal offices in this city should be notified if they have anything to petition, which they seek for. Thereupon he protested to the said Captain Estevan Rrodriguez what he had before said and protested to this effect, and which is most practical and convenient. Accordingly I decree, command, and petition, with testimony, jointly and in accord with the opinion of Doctor Antonio de Morga, my counselor and lietutenant-general.

Before me:

The said act has been brought to the notice of the said Captain Estevan Rrodriguez, and of the royal officials, and of the city government of Manila, so that each may petition as they see fit.

In the city of Manila, on the sixteenth day of the month of November in the year one thousand five hundred and ninety-five, before me, the undersigned notary, appeared in person Captain Estavan Rodriguez de Figueroa, who, some three days more or less before, had been notified by me, the present notary, of an act of the governor and captain-general of these islands relating to the expedition and pacification of the island of Mindanao. Having answered to this that he would take it, he now responds that from the instant and hour when he was notified of the said act he accepted it, and, in compliance there-


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Sire:

By the ships which sailed for Nueva España in July of this year 95, I wrote at length to your Majesty, giving account of some things which, in my poor judgment and opinion, would be to the glory and service of God and of your Majesty; and very necessary, important, and fitting for the common good, preservation, and increase of these towns. Therefore I felt myself urged and obliged to break silence; and I would not now refrain from referring to those matters, if I did not fear and doubt that this present letter would not reach the royal hands by this way, and did I not believe that several of those I have written by another way, namely by Nueva España, have arrived there.

The present occasion for writing to your Majesty is to inform you of the arrival of the religious and ministers whom your Majesty was pleased to send here. This was of great moment and importance, because of our great need of them. I am writing also to say that the fathers of the Society of Jesus have taken under their charge the island of Leyte, one of the Pintados, which has hitherto had no instruction. Although but four fathers went there, so great good


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 has resulted from their labors, within six months or so, that two days ago the father vice-provincial told me that he had received a letter saying that the fathers now preach to the Indians in their own language. The good results and benefits are so great that there are now more than five thousand four hundred catechumens—who, without being at all compelled to do so, have themselves destroyed and cast down their false idols. This gives no little encouragement and occasion to praise God; and shows how important, necessary, and beneficial is the presence here of good ministers.

Moreover, the fathers of the Order of St. Dominic have taken charge of the province of Cagayan, where there has been no lack of disturbances among the natives, with no little tumult and danger to the fathers and to us also. The arrival of the fathers there has been of much importance and benefit in that province, both temporally and spiritually; and has helped in the pacification of the Indians. Please God their mission may prosper and extend as far as possible.

By a ship which came from Japon in the month of November of this year, I received a letter from father Fray Pedro Bautista and Fray Juan de Jhesus, wherein they advise me of the good condition in which God is pleased to maintain the things pertaining to His glory and service, and to the good of His creatures and of this state. Affairs are quiet there, as little has taken place, and their hopes are such as are more particularly referred to in the account of father Fray Juan de Jhesus, a copy of whose letter accompanies this.

Likewise I have to write concerning your Maj-


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 esty's reply about the agreement made by my father with Captain Esteban Rodriguez in regard to the pacification of the island of Mindanao. When we were discussing this matter it was suggested to consider Captain Esteban Rodriguez in an undertaking in a light which seemed very clear and plain. He, however, thought that he should not be subordinate to this government, but free and exempt from obedience thereto. Over this point conferences and discussions were held with grave and learned persons, and it was decided that the said captain should go on said expedition as a subordinate and in no other way, for many causes and reasons offered, agreed upon, and established as very important and of universal application; and that he ought to consider the great difficulties which might arise should he go without being subordinate to this government, as well as the universal and public danger and loss that might ensue to this state, and especially to some of its inhabitants; and, further, the injury to the service of God and of your Majesty. Of all of this your Majesty will be informed at greater length, and will understand it by the papers and writs concerning this case. Therefore I shall make no further reference to it, leaving the report thereof to be sent by a more safe and certain way than this. In regard to the rest of the case however I say, Sire, that although Captain Esteban Rodriguez possesses the qualities of discretion, valor, ability, competence, and much experience in this work, and is courageous and of honorable estate, yet he is in my opinion very stiff, unchangeable, independent, and fixed in his determination and opinion. Thus he did not wish to discuss or to say anything whatever in regard to this question


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 of subordination. Thereupon, as it was not judged convenient to permit him to make the journey independently, the plans were abandoned, and everything was left until your Majesty should be advised thereof. At that time, however, news came for the second time that some hostile bands from Terrenate and Mindanao, in some very light vessels propelled by oars, called caracoas, had landed on the coast of Çebu. They committed many depredations, such as murders, the taking of captives, and robberies, among the Indians. Although Rodriguez Ronquillo, alcalde-mayor of Cibu, sent some soldiers to attack them, who, after finding one of their vessels, seized it, and killed or captured its crew, this victory only brought a thicker cloud of enemies, dangers, and misfortunes. Although a captain of infantry was despatched immediately with a contingent of troops to pursue and look for them, yet, for the security, aid, and defense of that coast, it was finally judged and considered best, and a more wise, important, and fitting relief, for Captain Esteban Rodriguez to make his expedition. Thereby those dangers, or the majority of them, would be checked and relieved, as well as others which would grow or increase by inattention. Thus matters were arranged with him in the form that your Majesty will see by the copy accompanying this letter. As he will have plenty to do on this expedition, your Majesty, having been advised in the meantime, will be able to order and declare the best method to be pursued in this matter. To Captain Esteban Rodriguez have been given troops, artillery, ammunition, and other supplies on his account; and he will depart on his expedition within three months, more or less, God willing. Be-


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 his prayers, beseeching our Lord to direct the founding of the said Audiencia for His good service, and the pure administration of justice. After the ceremony, the archbishop and his assistants, and the clergy, shall remain there, while you shall take the box again and place it on the horse, which must always be led by the chief constable of the Audiencia, in person and on foot, and with head bared. You shall then proceed with the same assemblage to my royal houses, where you shall deposit the said seal in a suitable place. Then you shall enter upon the proceedings for installing the Audiencia, and together with the auditors and fiscal you shall establish it. This day shall be occupied solely with examining the ordinances of audiencias, with taking the oath from the said auditors, fiscal, and assistants, and with an address from you, in which, in my name, you shall charge them to exercise their offices faithfully, and to maintain peace and harmony among themselves; and you shall enjoin the inferiors to observe respect, secrecy, and diligence. Thenceforth you shall proceed according to the usual form of the other audiencias of these kingdoms and of the Yndias. Given at El Pardo, November twenty-sixth, one thousand five hundred and ninety-five.

By order of the king:


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 version to the knowledge of God, and we desire all that said power, means, and gateway which His Divine Majesty has left and placed for this attainment in these districts and region, choosing and selecting your Majesty as the instrument for blessings and grandeurs, such as, with His grace, can be attained, and appointing this port and garrison as the gateway, staircase, and entrance for it. Therefore these and other considerations give occasion for recommending earnestly and signifying to your Majesty the importance thereof, in order that your Majesty may send such a person as this matter requires and demands, who shall attempt zealously and strive to see the name of God our Lord, and His glory and honor, much amplified and increased, and your Majesty well served, since there is so great opportunity and occasion therefor. Were your Majesty eager and desirous of furthering your own particular advantage and interests, you would have also plenty of opportunity for it, as this place is exceedingly well fitted therefor. I beseech your Majesty to pardon my prolixity and daring, to which I am forced by the great importance of these matters, and by the obligation, love, and desire that I owe the service of God and of your Majesty; and by my having so few opportunities to write, and those so far apart.

In regard to Chinese affairs, I wrote your Majesty this year, that I was thinking of sending my cousin, Don Ffernando de Castro, with the father prior of the convent of San Domingo, with some presents and letters to the king. This I thought fitting because of the condition in which the father prior (or, to say better, God) had left matters there; and under cover of this cause and pretext, I hoped they might try, at


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 There is a Boraitha: "A woman must not go out with a key in her hand, nor with a box of cachous, nor with a perfume bottle; and if she goes out with them, she is liable for a sin-offering." So is the decree of R. Meir, but R. Eliezer freed her, provided the box contains cachous, and the bottle perfume; but if they are empty, she is liable (for then there is a burden). Said R. Ada b. Ahaba: "From this we may infer that one carrying less than the prescribed quantity of food in a vessel on public ground is culpable, as it states if there was no cachou or perfume, which is equal to a vessel containing less than the prescribed amount of food, she is liable. Hence it makes her liable even if less than the prescribed quantity. Said R. Ashi: Generally one may be freed, but here it is different; the box and the bottle themselves are considered a burden.

We read in the Scripture [Amos, vi. 6]: "And anoint themselves with the costliest of ointments." Said R. Jehudah in the name of Samuel: "This signifies perfumery."

R. Joseph objected: "R. Jehudah b. Baba said that after the destruction of the Temple at Jerusalem the sages prohibited even the use of perfumes, but the rabbis did not concur in the decree. If we say perfume used only for pleasure, why did not the rabbis concur?" Abayi answered: According to your mode of reasoning, even drinking wine from bowls (bocals) is prohibited, for it is written further [ibid., ibid.]: "Those that drink wine from bowls." R. Ami said, that certainly means bocals, but R. Assi claimed that it means they clinked glasses one with another. Still Rabba b. R. Huna once happened to be at the house of the Exilarch and drank wine out of a bocal, but was not rebuked. It is, therefore, thus to be understood: The rabbis restricted only such pleasures as were combined with rejoicing, but not pleasures unaccompanied with rejoicing.

Said R. Abuhu: Others say we were taught in a Boraitha: "Three things bring man to poverty: Urinating in front of one's bed when naked; carelessness in washing one's hands; and permitting one's wife to curse him in his presence." Said Rabha: "Urinating in front of one's bed should be understood to signify 'turning around so as to face the bed and then urinating,' but not turning in the opposite direction; and even when facing the bed it signifies only urinating on the floor in front of the bed and not in a urinal.' Carelessness in washing one's hand signifies "not washing one's hands at all," but not insufficient washing, for R. Hisda said: "I washed my hands well


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 of charts which he sent me from Sian, he says that that expedition can be made with a thousand men; and there are even people who say that it could be done with a less number. It is true that to hear of the great number of troops that this king and others place in the field causes hesitation, and makes one consider and believe nonsensical, inconsiderate, and rash the pretense that so great matters may be effected and attempted with so small a force; yet we should consider that this is God's cause, and should take into account the importance of gaining and establishing friendship with the king of Canboja, who can aid us so powerfully, because of his hostility to Sian on account of the war made against him for years, and of his recent injury and damage. This, together with other circumstances, such as the inhabitants' feebleness of heart, courage, and weapons; their awkwardness and lack of skill in handling the most important and injurious weapons; their barbarism and discord; the lax discipline observed and kept among them and the hatred and dislike toward these barbarous tyrants felt by many of their own subjects and neighbors, to whom their deeds are most prejudicial and damaging—all these considerations make the attempt much less difficult than it seems. These are the marvel and greatnesses of God, and surely they cause wonder and fear, and move the hearts and desires of those who behold and consider them, on seeing that His Divine Majesty should have placed in so many kingdoms, so great, populous, and wealthy, and so densely inhabited by so infinite multitudes of people, so great weakness, and the power, through another kingdom, to effect an entrance into some of them. This incites and makes us desire their con-


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 sides this, report is due to your Majesty of the despatch of letters and certain articles for the king of Canboja by means of Diego Veloso. The former sent this man on an embassy to my father when the latter was on his way in the expedition to Maluco. When about to enter the harbor of Canboja, he [Veloso] met the army and part of the fleet of the king of Sian who had begun hostilities against the king of Canboja. The king of Sian inflicted great damage upon the people and country of the king of Canboja, causing him to withdraw to the mountains, as has been reported. Thus Diego Veloso, and the others with him, had been captured and carried away. But afterward God was minded to move the said king of Sian to free him, and to send him with a ship and two elephants (male and female), and a large tusk of another elephant, which were brought to me. The king wrote me through a father of the Order of St. Francis, who was a captive there in


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 and plentifully and am plentifully rewarded." Permitting one's wife to curse him in his presence implies "for not bringing her jewelry," and then only when one is able to do so but does not.

Rahava said in the name of R. Jehudah: The trees of Jerusalem were cinnamon trees, and when used for fuel the odor extended over all the land of Israel; ever since the destruction of the second Temple the cinnamon trees disappeared; but a morsel as big as a barleycorn is still to be found in the treasury of the Kingdom of Zimzimai.

 * One must not go out with a sword, nor with a bow, nor with a triangular shield, nor with a round one, nor with a spear; if he does so he is liable for a sin-offering. R. Eliezer says they are ornaments to him, but the sages say they are nothing but a stigma, for it is written [Isaiah, ii. 4]: "They shall beat their swords into ploughshares and their spears into pruning-knives; nation shall not lift up sword against nation, neither shall they learn war any more." Knee-buckles are clean and one may go out with them on the Sabbath. Stride chains are subject to defilement, and one must not go out with them on the Sabbath.

 * "R. Eliezer says they are ornaments." There is a Boraitha: The sages said unto R. Eliezer: If the weapons are ornaments to man, why will they cease to exist in the post-messianic period? He answered: "They will exist then also." This is in accordance with the opinion of Samuel, who said there will be no difference between the present time and the post-messianic period save the obedience to temporal potentates, for it is written [Deut. xv. 11]: "For the needy will not cease out of the land."

Said Abayi, according to others R. Joseph, to R. Dimi or to R. Ivia, and according to still others, Abayi said directly to R. Joseph: What is the reason of R. Eliezer's theory regarding weapons? It is written [Psalms, xlv. 4]: "Gird thy sword upon thy thighs, O Most Mighty, with thy glory and thy majesty."

Said R. Kahana to Mar, the son of R. Huna: Is not this passage applied to the study of the Law (Torah)? And he answered: "Anything may be inferred from a passage; at the same time, the passage must not be deprived of its common sense." Said R. Kahana: "I am fourscore years old and have studied the six sections of the Mishna with their explanations through, and did not know until now that a scriptural passage


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 Canboja with others, a letter, a copy of which accompanies the present, and to which I will not refer, in order not to make this letter longer. Occasion was offered by this for the same ambassador, despatched now by the king of Sian, and formerly by the king of Canboja, again to negotiate and ask for help from me for the king of Canboja, for he had heard that the king of Sian had repeated the past injuries; and as I did not acquiesce, he gave me many causes and reasons which I shall not mention here, but God willing, will state in a letter by way of Nueva España. As the affair seemed urgent to me and very important, serious, and of weighty consideration and promise, and one fitting to bring about great things in the noble service of the divine majesty of God our Lord, and of your Majesty, I discussed this matter, and considered whether it would not be a better plan to make an expedition to Chanpa, as this is a very important passage and post. It is occupied by a cruel and pernicious tyrant who commits and causes iniquities, cruelties, and unheard-of treacheries. In the opinion of certain persons who have been there, the capture of this place would be very easy, with two hundred Spaniards and five hundred Indians; or at the most, success is assured with three hundred Spaniards. Both on account of the facility and importance of this expedition, and the tyrannical deeds, treacheries, and iniquities of that king, investigations have been made, and the matter submitted to the prelates and other clerical persons, in order that


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 directed in the best way for His service. The spiritual and temporal benefits to be derived from it, to the glory of God and the good and conversion of His creatures, will not be few, if His Divine Majesty will grant a beginning of His light and knowledge in this great kingdom, which is surrounded by so many others, so great, rich, and powerful—where, with but little difficulty, God willing, His Divine Majesty can be so exalted, recognized, and magnified, and your Majesty.served. Thus considering the greatness, natural advantages and opportunities which God has given to affairs here, together with other things, I am prompted to write to your Majesty of the great importance of this garrison and post. I do not say this in undue exaggeration but with sincere love and desire that your Majesty may esteem, recognize, and know it for such, and provide and appoint for it a person of the requisite valor, Christianity, sufficiency, and talents, demanded by the greatness and importance of affairs here at this time, and which each day may be presented in their full import. God has provided these things here, and perhaps some of them are reserved for the happy days and times of your Majesty, so that even in this life you may enjoy the reward of the height to which your Majesty has procured and advanced His glory, honor, and service, and in the life hereafter the greater rewards and crown. In resuming discussion of the expedition to Canboja, I will say that I find myself ill-prepared for it; for I should like, considering the great import it may have, more resources and force for it than I have at present. For, if God should be pleased to grant the success hoped for at this time in regard to this kingdom, the effort would


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 be lost, as affairs would take shape and increase in extent; and because a sufficient number of troops could not remain from the first in the kingdom and land of Canboja, who could, in any event, sustain themselves in that post, until your Majesty should be pleased to reënforce them and assure its safety. But I desire this most earnestly for I foresee and desire the great blessings and benefits, and the spiritual and temporal advancements, which may be increased and hoped for. Likewise, because the voyage thither is but short, we can send help and reënforcements twice a year, and maintain there a moderate force and garrison. Moreover, if this friendship with the king is brought about, many greater and more important undertakings will follow, which can be attempted, attained, and expected to follow, with the aid of His Divine Majesty. Therefore I have had the boldness and audacity to be so prolix, and to beg your Majesty to have the goodness to provide that if perchance this effort is not successful now, this peace, friendship, and understanding with this king may be attempted and brought about in the future; and if they be just and possible, some of the expeditions to Sian or Chanpa may likewise be effected. For the evils, cruelties, and tyrannies of these two kings are great, and war might be justifiable. With a moderate amount of power and force, either of these expeditions could be effected, for I have already stated what is said in regard to that of Chanpa. I have received this information and that concerning Sian from the bishop of Malaca, who is surely of holy zeal, and desirous of the glory of God and the service of your Majesty, as I have recognized and been convinced of by his letters which prove this. In a set


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 they might consider whether it were just. Although there were some reservations and conditions, they, decided that the expedition was just. This was submitted to a council of war, together with the question of aid to the king of Canboja, in order to determine which matter it would be better to undertake. However it was resolved definitely in favor of the expedition to Chanpa for certain reasons and considerations. But at the same time it was also resolved to send someone to Canboja to ascertain the king's condition, and what were his determination, wish, and intention in respect to the help requested by him, and in his name by Diego Veloso. Now we must determine and decide what will be best for the service of God and of your Majesty. God willing, Captain Juan Juarez Gallinato, a man of talents, discretion, and experience, and well fitted for this occasion and the contingencies that may arise (which are of no little consideration, importance, and weight), will take charge of this expedition. He will have two ships and some troops, and is under orders to proceed according to the weather, opportunity, and disposition and state of affairs which are in his opinion most fitting. He is to discuss certain matters with the Siamese king, and to procure the release of the religious and other persons whom the latter holds captive. Especially he is to establish friendship with the king of Canboja, who, as it seems, is desirous thereof, inasmuch as he has asked for it so repeatedly and with so great earnestness. Thus for this and many other reasons, in the opinion of those who regard and view matters with some consideration, this expedition is a work prompted and incited by the Holy Spirit. May God grant that matters may be