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Page:Yardley v. Houghton Mifflin (S.D.N.Y. 1938).pdf/1

 R. 1000, and Stephenson v. Equitable Life Assur. Soc., 4 Cir., 92 F.2d 406; Bell v. Philadelphia Life Ins. Co., 4 Cir., 78 F.2d 322, all under the Declaratory Judgment Act. It is further supported by earlier cases in the Supreme Court. Thompson v. Thompson, 226 U.S. 551, 33 S.Ct. 129, 57 L.Ed. 347; Brotherhood of Locomotive Firemen v. Pinkston, 293 U.S. 96, 55 S.Ct. 1, 79 L.Ed. 219. Stinson v. Dousman, 20 How. 461, 15 L.Ed. 966, as explained in New England Mortgage Security Co. v. Gay, 145 U.S. 123, 131, 12 S.Ct. 815, 36 L.Ed. 646, is particularly in point in principle. It is clearly distinguishable from Equitable Life Assur. Soc. v. Wilson, 9 Cir., 81 F.2d 657, 659, where there was no judgment asked as to the validity of the policy.

Action by Alice T. Yardley against the Houghton Mifflin Company, Incorporated, to recover for an alleged infringement of an alleged copyright of a painting, wherein


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 presuming what this language must have been, in its entireness, when it was the daily utterance of the people.

A difference should here be noted, as to the inferences that are warrantably derivable, on the one hand, from certain literary remains of an ancient people, and, on the other hand, from their language, so far as this may be known by means of these remains. Among a rude people there may have been instances, one in a century, of Nature's gifted spirits:—individual minds, rich and productive, working the wonders of genius in solitary self-sufficient force. In such instances—rare indeed they are—the tools, the materials of genius are wanting:—it was not a rich and copious language that was at the poet's command; for the "horde" were as indigent in thought as they were rude in their modes of life. How was it then with the ancient people of Palestine?

A people's language is the veracious record of its entire consciousness—intellectual, moral, domestic, civil, political, and technical. The people's glossary is the reflection—whether clear or confused, exact or inexact—first, of the notice it took of Nature, and of the material world; and then of its own inner life of passion, affection, emotion; and then it is the voucher for the people's rate of civilization, and of its daily observances, its occupations, and the customary accidents of these. Whatever is in the language is now, or once was, in the mind

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


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Page:The Story of Philosophy.pdf/423

HE Kantian philosophy which announced itself as "prolegomena to all future metaphysics," was, by malicious intent, a murderous thrust at traditional modes of speculation; and, contrary to intent, a damaging blow to all metaphysics whatsoever. For metaphysics had meant, throughout the history of thought, an attempt to discover the ultimate nature of reality; now men learned, on the most respectable authority, that reality could never be experienced; that it was a "noumenon," conceivable but not knowable; and that even the subtlest human intelligence could never pass beyond phenomena, could never pierce the veil of Maya. The metaphysical extravagances of Fichte, Hegel and Schelling, with their various readings of the ancient riddle, their Ego and Idea and Will, had canceled one another into zero; and by the eighteen-thirties the universe was generally conceded to have guarded its secret well. After a generation of Absolute intoxication, the mind of Europe reacted by taking a pledge against metaphysics of any kind.

Since the French had made a specialty of scepticism, it was natural that they should produce the founder (if there are such persons in philosophy, where every idea is hallowed with years) of the "positivist" movement. Auguste Comte—or, as his parents called him, Isidore Auguste Marie François Xavier Comte—was born at Montpellier in 1798. The idol of his youth was Benjamin Franklin, whom he called the modern Socrates. "You know that at five-and-twenty he formed the design of becoming perfectly wise, and that he

title: Page:The Story of Philosophy.pdf/423


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 nute? This is the case with my great mind, (laughing anew,) and you must allow the simile is worthy the subject. Jesting apart, I do like a little scandal - I believe all English people do. An Italian lady, Madame Benzoni, talking to me on the prevalence of this taste among my compatriots, observed, that when she first knew the English, she thought them the most spiteful and ill-natured people in the world, from hearing them constantly repeating evil of each other; but having seen various amiable traits in their characters, she had arrived at the conclusion, that they were not naturally méchant; but that living in a country like England, where severity of morals punishes so heavily any dereliction from propriety, each individual, to prove personal correctness, was compelled to attack the sins of his or her acquaintance, as it furnished an opportunity of expressing their abhorrence by words, instead of proving it by actions, which might cause some self-denial to themselves. This," said Byron, "was an ingenious, as well as charitable supposition; and we must all allow that it is infinitely more easy to decry and expose the sins of others than to correct our own; and many find the first so agreeable an occupation, that it precludes the second - this at least, is my case."


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Page:Yardley v. Houghton Mifflin (S.D.N.Y. 1938).pdf/2

 defendant filed a counterclaim, on final hearing.

Decree for defendant dismissing the complaint and on the counterclaim.

Sidney S. Bobbe, of New York City, for plaintiff.

Cooper, Kerr & Dunham, of New York City (Thomas J. Byrne and Allan C. Bakewell, both of New York City, of counsel), for defendant.

WOOLSEY, District Judge.

My judgment is for the defendant herein which may have a decree dismissing the complaint, and giving it, on its counterclaim, a decree for the declaration and judgment therein prayed for.

The defendant may have costs which will include attorneys fee, to be fixed by me on petition of defendant’s attorneys supported by affidavit.

I. My subject matter jurisdiction herein is based on the fact that this cause involves a question of alleged infringement of copyright. Title 28 United States Code, Section 41 (7), 28 U.S.C.A. § 41(7).

II. The facts sufficiently set forth for the purposes of this opinion are as follows:

A. On January 14, 1904, a contract was entered into between Thomas Cockrell & Son, hereinafter called the contractor, and the City of New York, by the Board of Education, acting through its Committee on Buildings, for the erection at Tenth Avenue and 59th Street, of a high school to be known as the DeWitt Clinton High School.

As I understand it, up to this time there had not been any attempt made to put decorative paintings in public schools. It was decided, however, to have some mural paintings in this high school building. These were to be painted and installed under the supervision and control of the Committee on Buildings and the Art Commission of the City of New York.

In pursuance of this plan, the contract contained the following provisions:

“That the contractor shall include in his estimate the sum of $3,500 for two paintings to be placed, one on either side of platform in the auditorium. The Committee on Buildings reserves the right to select and name the artist who shall execute the work, from among those of established reputation, who have satisfactorily executed similar works.

“That the artist so selected and named shall also put the pictures in place upon a surface suitably prepared therefor by the contractor, who shall place a suitable moulding over the edge, etc.

“That the payments to the artist so selected shall be made by the contractor upon a certificate issued by the Superintendent of School Buildings, with the approval of the Committee on Buildings, to whose satisfaction the work shall be done. Any difference between the price agreed upon between the Committee on Buildings and the artist for the work, and the sum of $3,500 included and thus set aside by the contractor, shall be deducted from the amount of the contract.”

B. Mr. Charles Y. Turner was selected to paint the two mural paintings required under the contract, and after conferences with the then Architect and Superintendent of School Buildings, Mr. Charles B. J. Snyder, as to the nature and size of the sketches for the murals, and, after the final approval thereof by the Art Commission of the City of New York, Mr. Turner finished the paintings, they were put in place, and Mr. Turner was paid for them.

C. One of the murals showed Governor Clinton and his wife on a flower decked canal boat en route from Buffalo to New York, and the other—with which alone we are here concerned—was called by the artist “The Marriage of the Waters of the Great Lakes with the Sea”.

The symbolic act depicted by Mr. Turner occurred on November 4, 1825, and was thus described by Charles Rhind, Esq. in his report as Chairman of the “Committee on Arrangements for Celebrating the Union of the Waters of the Great Lakes with the Sea”, as set forth in Cadwallader Colden’s book “Completion of New York Canals”, at page 196:

“His Excellency, Governor Clinton, then proceeded to perform the ceremony of commingling the waters of Lake Erie with those of the Atlantic. On board the Seneca Chief, two elegant kegs, beautifully painted in green with gilded hoops, were brought down, containing ‘Water of Lake Erie’; from one of these the Governor poured a portion of the water into the sea; and after delivering a short, but very pertinent address, thus consummated the ceremony.”

The selection of these subjects for murals for the DeWitt Clinton High School was obviously very appropriate, as they recorded what was perhaps the most important event in Governor Clinton’s long service as Governor of New York State.


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 "The Italians do not understand the English," said Byron; "indeed, how can they? for they (the Italians) are frank, simple, and open in their natures, following the bent of their inclinations, which they do not believe to be wicked; while the English, to conceal the indulgence of theirs, daily practise hypocrisy, falsehood, and uncharitableness; so that to one error is added many crimes." Byron had now got on a favorite subject, and went on decrying hypocrisy and cant, mingling sarcasms and bitter observations on the false delicacy of the English. It is strange, but true as strange, that he could not, or at least did not, distinguish the distinction between cause and effect, in this case. The respect for virtue will always cause spurious imitations of it to be given, and what he calls hypocrisy is but the respect to public opinion that induces people, who have not courage to correct their errors, at least to endeavor to conceal them; and Cant is the homage that Vice pays to Virtue. We do not value the diamond less because there are so many worthless imitations of it, and Goodness loses nothing of her intrinsic value because so many wish to be thought to possess it. That nation may be considered to possess the most virtue where it is the most highly appreciated;


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 and deed because his conduct is regulated by harmonious and invariable principles. Pope was governed by the instantaneous feeling. His emotion came in sudden jets and gushes, instead of a continuous stream. The same peculiarity deprives his poetry of continuous harmony or profound unity of conception. His lively sense of form and proportion enables him indeed to fill up a simple framework (generally of borrowed design) with an eye to general effect, as in the Rape of the Lock or the first Dunciad. But even there his flight is short; and when a poem should be governed by the evolution of some profound principle or complex mood of sentiment, he becomes incoherent and perplexed. But on the other hand he can perceive admirably all that can be seen at a glance from a single point of view. Though he could not be continuous, he could return again and again to the same point; he could polish, correct, eliminate superfluities, and compress his meaning more and more closely, till he has constructed short passages of imperishable excellence. This microscopic attention to fragments sometimes injures the connexion, and often involves a mutilation of construction. He corrects and prunes too closely. He could, he says, in reference to the Essay on Man, put things more briefly in verse than in prose; one reason being that he could take liberties of this kind not permitted in prose writing. But the injury is compensated by the singular terseness and vivacity of his best style. Scarcely any one, as is often remarked, has left so large a proportion of quotable phrases, and, indeed, to the present he survives

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Page:Yardley v. Houghton Mifflin (S.D.N.Y. 1938).pdf/3

 D. There was not any provision in the contract as to who should have the copyright of the paintings to be made.

There is not any evidence of any kind in the case as to any agreement on the subject of copyright between Mr. Turner and the contractors Thomas Cockrell & Son, or the City of New York.

There is not any evidence of any course of dealing between the parties from which any inference can be drawn as to whether the right to copyright the paintings was reserved by the artist.

E. On October 30, 1905, Mr. Turner copyrighted this painting “The Marriage of the Waters of the Great Lakes with the Sea”, hereinafter referred to as “The Marriage of the Waters”, under the following description:

“The Marriage of the Waters of the Great Lakes with the Sea, November 4th, 1825, at the formal opening of the Erie Canal October 26th–November 4th, 1825. Some twenty-five men grouped upon the roof of the cabin of a boat are interested in the final ceremony connected with the opening of the Erie Canal (etc.)”.

This copyright expired on October 29, 1933, and was not properly renewed.

F. Mr. Charles Y. Turner died a resident of New York County on December 31, 1918, leaving a will naming as his executor George B. Class, Esq., who qualified under the will as executor and served continuously as executor from the 5th day of September, 1919, until January 30, 1937, when he was duly discharged of his duties as executor by a decree of the Surrogate of New York County.

G. On November 17, 1932, the plaintiff applied, as next of kin, for and obtained in her own name, the issuance of a renewal certificate for the copyright of the said painting “The Marriage of the Waters”.

At this time Mr. Class was acting as executor of the estate of Charles Y. Turner. Consequently, Mrs. Yardley, the plaintiff, who was a sister—and at this time only one of the several surviving sisters of Mr. Turner—did not, under Title 17 United States Code, Section 24, 17 U.S.C.A. § 24, have any right to secure the renewal of the copyright and such renewal, therefore, was wholly void and of no effect.

H. Although on the basis of this renewal the plaintiff has settled with at least one person who had published reproductions of the picture “The Marriage of the Waters”, she apparently was later advised that she had not any rights under the renewal of the copyright, and, thereafter, on February 7, 1937, after the copyright of the picture had expired, she secured an assignment from Mr. Class, the executor of Mr. Turner’s estate, of all his right, title and interest in the copyright of certain works specifically listed in the assignment, and in all renewals or extensions of said copyrights, and of all rights of action for infringement, past or present, of the copyrights listed.

Among the list of copyrights was the copyright of October 30, 1905, of “The Marriage of the Waters”.

The difficulty that arises in this situation is that this assignment occurred after the expiration of the copyright of this picture, and, consequently, if it conveyed anything, it conveyed only a bare right of action for a past infringement. Assuming that was possible, the fact that it was done by the executor must be shown.

The foundation of this assignment was a decree of the Surrogate of New York County, dated January 30, 1937, of which the part here relevant provided as follows (italics mine): “And it is further ordered, adjudged and decreed that George B. Class as Executor aforesaid execute and deliver any and all instruments, at the cost and expense, however, of Alice T. Yardley, as may be necessary to transfer to Alice T. Yardley all existing copyrights of decedent and rights to renewal of those that are


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 chiefly by the current coinage of that kind which bears his image and superscription.

This familiar remark may help us to solve the old problem whether Pope was, or rather in what sense he was, a poet. Much of his work may be fairly described as rhymed prose, differing from prose not in substance or tone of feeling, but only in the form of expression. Every poet has an invisible audience, as an orator has a visible one, who deserve a great part of the merit of his works. Some men may write for the religious or philosophic recluse, and therefore utter the emotions which come to ordinary mortals in the rare moments when the music of the spheres, generally drowned by the din of the commonplace world, becomes audible to their dull senses. Pope, on the other hand, writes for the wits who never listen to such strains, and moreover writes for their ordinary moods. He aims at giving us the refined and doubly distilled essence of the conversation of the statesmen and courtiers of his time. The standard of good writing always implicitly present to his mind is the fitness of his poetry to pass muster when shown by Gay to his duchess, or read after dinner to a party composed of Swift, Bolingbroke, and Congreve. That imaginary audience is always looking over his shoulder, applauding a good hit, chuckling over allusions to the last bit of scandal, and ridiculing any extravagance tending to romance or sentimentalism.

The limitations imposed by such a condition are obvious. As men of taste, Pope's friends would make their bow to the recognized authorities. They would praise Paradise Lost, but a new Milton would be as much out of place with them as the real Milton at the court of Charles II. They would really prefer to have his verses tagged by Dryden, or the Samson polished by Pope. They would have

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 , including all benefits that have been and may hereafter be derived therefrom, and all rights of action, if any, thereon, without recourse in any event as against the assignor, the sale of all of which to the said Alice T. Yardley for $25, being hereby ratified and approved.”

I do not think that the decree of the Surrogate of New York County can be considered to have authorized the transfer by the executor to the plaintiff of any right of action for the copyright here in question, for it was not an “existing” copyright, and the rights of action to be transferred were limited to those involved in “existing” copyrights.

It does not seem to me, therefore, that the plaintiff has made out any locus standi to maintain this cause of action.

III. If, however, I am wrong on this question, I think the plaintiff must fail for the reason that Mr. Charles Y. Turner never had any right to get a copyright in the picture “The Marriage of the Waters”.

The contract under which the picture was painted is—as above noted—wholly silent as to the question of the reservation of copyright by the artist.

When a man, hereinafter referred to as a patron, contracts with an artist to paint a picture for him, of whatever nature it may be, the contract is essentially a service contract, and when the picture has been painted and delivered to the patron and paid for by him, the artist has no right whatever left in it.

Whilst the artist in such a case may by contract reserve the right of reproduction, and so reserve his right of copyright, Werckmeister v. Springer Lithographing Co., C.C., 63 F. 808, 809, if the sale is not shown to have been thus limited, the patron becomes the sole owner and has all the rights in the picture, including the right to reproduce it, and the artist employed to make the picture cannot derogate from his patron’s rights by taking out a copyright thereon without his patron’s permission.

The fact that Mr. Turner took out a copyright herein is not a basis for an inference that the patron gave him such permission, especially when the patron—as did the Board of Education here—habitually sold post card reproductions. Dielman v. White, C.C., 102 F. 892, 895.

This principle seems to have been applied to the case of persons employed to write for encyclopaedias, magazines or papers by the English Courts. Cf. Lawrence & Bullen, Ltd., v. Aflalo and Cook, [1904] A.C. 17, in which the House of Lords approved the decisions of the Court of Appeal in Lamb v. Evans, [1893] 1 Ch. 218, 227, 228, and of the Court of Common Pleas in the case of Sweet v. Benning, [1855] 16 C.B. 459, 484, 489.

Indeed, I think that the whole matter is, perhaps, best summed up by Mr. Justice Maule in the last named case at 16 C.B. 484, where he says: “But, though no express words to that effect are stated in this special case, I think, that, where a man employs another to write an article, or to do anything else for him, unless there is something in the surrounding circumstances, or in the course of dealing between the parties, to require a different construction, in the absence of a special agreement to the contrary, it is to be understood that the writing or other thing is produced upon the terms that the copyright therein shall belong to the employer. * * *”

To recapitulate in the light of this statement:

In the present case, there is no course of dealings shown indicating that the copyright should have remained with Mr. Turner. There was no special agreement or term of contract that it should remain with him, and, consequently, I think that the City of New York, when it paid for the mural, became vested with all the right and title in it including the right to reproduce. Consequently, the title to the copyright which Mr. Turner secured was held in trust by him for the City of New York.

It follows from this that when leave by the Board of Education of the City of New York was given to the defendant to reproduce this picture “The Marriage of the Waters” in the “History of United States” by William B. Guitteau, and “History of Our Nation” by Chapman & Whitney, the defendant got leave from the person who was actually entitled to give such leave, and the publication of the picture in those history books did not constitute an infringement, of which the plaintiff, even if she had succeeded in obtaining a locus standi in this cause of action, would be in a position to complain.

IV. The defendant’s attorneys must make application, on petition supported by affidavit, for the attorneys’ fee which I have granted under the authority of Section 40


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 of the Copyright Act, 17 U.S.C.A. § 40, as part of the costs herein.

I shall determine the basis of this charge in accordance with the canons of charges which I suggested in the case of In re Osofsky, D.C., 50 F.2d 925.

There will, of course, be only a single attorneys fee which will cover the dismissal of the complaint and the judgment for the defendant on the counter-claim.

V. Both parties submitted proposed findings of fact and conclusions of law. I am sending them both back to the respective attorneys.

The defendant’s proposed findings may be returned corrected in accordance with my opinion. I think they were not in very good form. The conclusions of law should be numbered separately from the findings of fact.

The defendant’s findings of fact and conclusions of law must be submitted to me for signature through the Clerk’s office with five days’ notice to counsel for the plaintiff who on the return day of such notice must submit any suggested findings, or, better still, criticisms of the findings of fact and conclusions of law proposed by the defendant’s counsel, if the plaintiff’s counsel does not consider them to be in accordance with my opinion.

All proposed findings submitted by either party must be typed in triple spacing so that I may conveniently correct them if I wish to do so.

Only the findings of fact and conclusions of law which I sign will be filed as part of the record herein.

VI. Not until after the findings of fact and conclusions of law are submitted and the attorneys fee fixed and the costs taxed, may the defendant submit a final decree on the dismissal of the complaint and on the counter-claim.

In Bankruptcy. Proceeding in the matter of Morris Cohen, bankrupt, on the bankrupt’s motion for an order permitting amendment of schedules, opposed by Gussie Goldberg.

Motion denied.

Julius L. Goldstein, of New York City (Julius L. Goldstein and Arthur Furst, both of New York City, of counsel), for Gussie Goldberg.

Isidor Sachs, of Brooklyn, N. Y., for bankrupt.

GALSTON, District Judge.

The bankrupt moves for an order permitting him to amend his schedules in bankruptcy so as to list a contingent tort claim of one Gussie Goldberg for $3,000.

He was adjudicated a bankrupt on June 11, 1938, and his schedules, as required by the bankruptcy law, were duly filed. They did not include the claim of one Gussie Goldberg who had instituted an action in the City Court of Kings County against the bankrupt on or about December 22, 1937. In that complaint it is alleged that the defendant (the bankrupt herein) wrongfully kept a chow dog, knowing him to be ferocious and vicious and accustomed to bite and attack human beings, and that the dog attacked and bit the plaintiff, Gussie Goldberg, as a


text: Yardley v. Houghton Mifflin Co. (S.D.N.Y. 1938)


text:
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title: User talk:79.215.46.1


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 and that the least, where it is so little understood, that the semblance is not even assumed. About this period the Duke of Leeds and family arrived at Genoa, and passed a day or two there, at the same hotel where we were residing. Shortly after their departure, Byron came to dine with us, and expressed his mortification at the Duke's not having called on him were it only out of respect to Mrs. Leigh, who was the half sister of both. This seemed to annoy him so much, that I endeavored to point out the inutility of ceremony between people who could have no two ideas in common; and observed, that the gêne of finding one's self with people of totally different habits and feelings, was ill repaid by the respect their civility indicated. Byron is a person to be excessively bored by the constraint that any change of system would occasion, even for a day; yet his amour propre is wounded by any marks of incivility or want of respect he meets with. Poor Byron! he is still far from arriving at the philosophy that he aims at and thinks he has acquired, when the absence or presence of a person who is indifferent to him, whatever his station in life may be, can occupy his thoughts for a moment.

I have observed in Byron, a habit of attach-


text: Page:Confronting Violent White Supremacy (Part IV) Examining the Biden Administration’s Counterterrorism Strategy.pdf/1


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Page:Journal of Conversations with Lord Byron.pdf/82

 ing importance to trifles, and, vice versa, turning serious events into ridicule; he is extremely superstitious, and seems offended with those who cannot, or will not, partake this weakness. He has frequently touched on this subject, and tauntingly observed to me, that I must believe myself wiser than him, because I was not superstitious. I answered, that the vividness of his imagination, which was proved by his works, furnished a sufficient excuse for his superstition, which was caused by an over-excitement of that faculty; but that I, not being blessed by the camera lucida of imagination, could have no excuse for the camera oscura, which I looked on superstition to be. This did not, however, content him, and I am sure he left me with a lower opinion of my faculties than before. To deprecate his anger, I observed that Nature was so wise and good that she gave compensations to all her offspring: that as to him she had given the brightest gift, genius; so to those whom she had not so distinguished, she gave the less brilliant, but perhaps as useful, gift of plain and unsophisticated reason. This did not satisfy his amour propre, and he left me, evidently displeased at my want of superstition. Byron is, I believe, sincere in his belief in supernatural appearances; he assumes a grave and mysterious air when he talks on the


text:
Author:Ono no Komachi

Works

 * "Kokinshū", in Anthology of Japanese Literature (1955), edited by Donald Keene
 * "Kokinshū", in Anthology of Japanese Literature (1955), edited by Donald Keene

title: Author:Ono no Komachi


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 subject, which he is fond of doing, and has told me some extraordinary stories relative to Mr. Shelley, who, he assures me, had an implicit belief in ghosts. He also told me that Mr. Shelley's spectre had appeared to a lady, walking in a garden, and he seemed to lay great stress on this. Though some of the wisest of mankind, as witness Johnson, shared this weakness in common with Byron, still there is something so unusual in our matter-of-fact days in giving way to it, that I was at first doubtful that Byron was serious in his belief. He is also superstitious about days, and other trifling things, believes in lucky and unlucky days -dislikes undertaking any thing on a Friday, helping or being helped to salt at table, spilling salt or oil, letting bread fall, and breaking mirrors; in short, he gives way to a thousand fantastical notions, that prove that even l'esprit le plus fort has its weak side. Having declined riding with Byron one day, on the plea of going to visit some of the Genoese palaces and pictures, it furnished him with a subject of attack at our next interview; he declared that he never believed people serious in their admiration of pictures, statues, &c., and that those who expressed the most admiration were "Amatori senza Amore, and Conoscitori senza Cognizione." I replied, that as I had never talked to him of pic-


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Page:Confronting Violent White Supremacy (Part IV) Examining the Biden Administration’s Counterterrorism Strategy.pdf/2

Good morning Chairman Raskin, Ranking Member Roy, and distinguished Members of the Subcommittee, and thank you for the opportunity to testify on behalf of the Department of Justice regarding the National Strategy for Countering Domestic Terrorism. Protecting the American people from terrorism and other national security threats has long been the top priority of the Department.

The nature of the threat posed by terrorism – both international and domestic – continues to evolve. The greatest terrorism threat to our Homeland today is posed by lone actors or small cells who typically radicalize online and look to attack soft targets with easily accessible weapons. We see these threats manifested in both Domestic Violent Extremists (“DVEs”) and Homegrown Violent Extremists (“HVEs”), two distinct threats both of which arise in the United States. Individuals who seek to commit violent criminal acts in furtherance of social or political goals stemming from domestic influences – such as racial or ethnic bias, or anti-government or anti-authority sentiments – are described as DVEs, whereas HVEs are individuals inspired primarily by foreign terrorist groups, but not receiving individualized direction from those groups.

Both DVEs and HVEs are often motivated by a mix of socio-political, ideological, and personal grievances, and have focused on readily accessible targets to include houses of worship, retail establishments, and mass public gatherings. The vulnerability of these soft targets, the insular nature of the process by which these individuals radicalize and mobilize to violence, and the limited discussions they typically have with others regarding their plans increase the challenge faced by law enforcement to detect and disrupt these plots before they can cause harm.


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 Some violent extremists have also continued to target law enforcement and the military as well as institutions or members of the U.S. Government.

Earlier this year, U.S. intelligence and law enforcement agencies issued a joint assessment concluding that DVEs “pose an elevated threat” in 2021. DVEs espouse a range of animating ideologies. The top threats we face from DVEs are from those we categorize as Racially or Ethnically Motivated Violent Extremists (“RMVEs”) and Anti-Government or Anti-Authority Violent Extremists. While RMVEs who advocate for the superiority of the white race were the primary source of lethal attacks perpetrated by DVEs in 2018 and 2019, Anti-Government or Anti-Authority Violent Extremists – specifically, Militia Violent Extremists and Anarchist Violent Extremists – were responsible for three of the four lethal DVE attacks in 2020. Notably, this included the first lethal attack committed by an Anarchist Violent Extremist in over 20 years.

The National Strategy released earlier this summer sets forth for the first time a comprehensive policy to address the many facets of the domestic terrorism threat. The Strategy creates a framework for the Federal Government to understand and share domestic terrorism-related information; prevent recruitment and mobilization to violence; disrupt and deter domestic terrorism activity; and confront long-term contributors to this problem. The Strategy recognizes that activity protected under the First Amendment, including speech espousing an extremist ideology, is not unlawful and that any steps to counter domestic terrorism must therefore be focused on acts or true threats of violence, so as to safeguard Americans’ civil rights and civil liberties. The Department of Justice, including the FBI, has already taken concrete steps to implement the National Strategy, and we will continue supporting our Federal partners and our State, local, Tribal, and territorial (“SLTT”) counterparts to prevent acts of terrorism and to prosecute those who violate our laws.

The National Strategy adopts a whole-of-government approach to preventing domestic terrorism and reducing the factors that fuel it. The Strategy recognizes that, to find sustainable solutions, we must not only disrupt and deter terrorist activities, but also address the root causes of violence. It rests on four essential pillars, which will be implemented across the Federal Government and in coordination with non-federal partners.

First are efforts to understand and share information regarding the full range of domestic terrorism threats. The Strategy recognizes that a thorough understanding of this threat is essential to confronting it effectively. It calls for enhanced domestic terrorism-related research to augment existing analyses that are regularly generated by the FBI and Department of Homeland Security (“DHS”), among others. The Federal Government will also seek to enhance efforts to share this threat information as needed, both internally and with non-Federal partners, including by more quickly providing detailed, unclassified information to SLTT counterparts. The Strategy also directs Federal agencies to illuminate the transnational aspect of domestic


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 terrorism by placing an increased emphasis on the sharing of relevant information with foreign partners, where appropriate, on the international aspects of the threat.

Second are efforts to prevent domestic extremists from successfully recruiting and mobilizing individuals to violence. This pillar calls for enhanced Federal support to community partners who can help to prevent individuals from reaching the point of engaging in violent terrorist activity. The Federal Government will strengthen domestic terrorism prevention resources and services through increased educational and technical assistance to community-based partners. We will also augment efforts to address online terrorist recruitment and mobilization to violence through enhanced information sharing with private entities in the technology sector and by exploring innovative new ways to foster digital literacy and build resistance to radicalization.

Third are efforts to deter and disrupt domestic terrorist activity. The Department of Justice, including the FBI, has long been the lead Federal agency to investigate and prosecute criminal activities that constitute domestic terrorism. U.S. Attorney’s Offices, Main Justice litigating components, and FBI Field Offices across the country have made domestic terrorism a top priority. The Department has reallocated resources and has requested additional resources to tackle this threat, and we are also tracking domestic terrorism-related cases in new ways in order to better assess our efforts over time. SLTT law enforcement agencies will have access to increased intelligence sharing, training, and other resources to combat domestic terrorism and associated threats. The Strategy also calls for the Federal Government to improve employee screening to enhance methods for identifying those who might pose insider threats related to domestic terrorism, and that work is underway.

Finally, the National Strategy recognizes that the long-term issues that contribute to domestic terrorism in our country must be addressed to ensure that this threat diminishes over generations to come. As mentioned above, the FBI and intelligence agencies have recently assessed, RMVEs driven by a belief in the superiority of the white race continue to pose the greatest domestic violent extremist threat to commit lethal violence against civilians. The Strategy acknowledges that every component of the Government has a role to play in fighting racism and bigotry and advancing equity for all Americans. It also seeks to ensure that Federal and SLTT law enforcement agencies respond to threats of domestic terrorism without bias, and that investigative and prosecutorial efforts are guided strictly by the facts and law. The Strategy also reflects a commitment to denounce and reject violence as an acceptable form of seeking political or social change. These efforts are part of a broader priority to enhance faith in government and address the types of extreme polarization that can sometimes contribute to violence.

The Department of Justice, including the FBI, has already begun implementing a range of efforts reflected in the National Strategy:


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 *The Department has issued binding guidance to ensure that investigations and prosecutions with a domestic terrorism nexus are better tracked, and that the appropriate components in the Department have visibility into these matters.
 * The Department has reinvigorated and expanded the Domestic Terrorism Executive Committee (“DTEC”). Originally created in the aftermath of the 1995 Oklahoma City bombing, the DTEC includes representatives from the U.S. Attorney’s Offices, the National Security Division, other divisions of Main Justice, the FBI, DHS, and other law enforcement agencies. It provides a national-level forum for information-sharing at the leadership level on domestic terrorism matters.
 * The Department and the FBI have taken steps to increase the domestic terrorism threat information provided to SLTT partners and to enhance the training available to those partners. For example, the Department will incorporate information specifically related to domestic terrorism — including information on iconography, symbology and phraseology — into existing resources, including the Joint Counterterrorism Assessment Team’s First Responder’s Toolbox, and the Department’s State and Local Anti-Terrorism Training Handbook on Law Enforcement Intelligence. Additionally, the FBI has recently held multiple regional law enforcement conferences — in Denver, Louisville, and San Francisco — with over 100 SLTT law enforcement agencies, and additional conferences are scheduled in the coming months. These conferences are designed to increase SLTT partners’ understanding of federal civil rights and hate crimes laws, including those that may apply to acts of domestic terrorism; encourage reporting of hate crimes and incidents; and provide best practices on ways to strengthen relationships between law enforcement agencies and the diverse communities they serve.
 * The Department’s grant-making components are dedicating additional resources to helping States, localities, and others focus on the domestic terrorism threat. The Department’s Office of Community Oriented Policing Services, for example, is including combatting hate crimes and domestic violent extremism as an area of special consideration in the 2021 Community Policing Development (“CPD”) Microgrants Program solicitation. CPD Microgrants Program funds are used to develop the capacity of law enforcement to implement community policing strategies. The Department’s Bureau of Justice Assistance administers the State and Local Anti-Terrorism Training (“SLATT”) Program, which offers training to SLTT law enforcement officers. The SLATT Program is currently undergoing a curriculum revitalization to enhance training on identifying what terrorism looks like, understanding how to report it to the FBI, and, should the need arise, preparing to respond to an incident. As part of the revitalization effort, on-site training courses are being developed to provide content tailored to different roles: law enforcement, emergency managers, crime analysts, and intelligence analysts. Additionally, for nearly a decade, the Department’s National Institute of Justice (“NIJ”) has


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 : administered a domestic violent extremism and domestic terrorism research program. Last year, NIJ published a review of the most up-to date research and an analysis highlighting areas where more work is needed. In FY 2021, NIJ will fund research that improves understanding of the process of radicalizing to terrorism, reintegration of offenders incarcerated for terrorism-related offenses, and terrorism prevention programs. The President’s FY 2022 Budget includes a $4 million increase for NIJ to further research the causes of radicalization to terrorism.
 * The Department has also recently announced several initiatives aimed at preventing or more effectively responding to hate crimes, some of which also qualify as acts of domestic terrorism. For example, the Attorney General has appointed a Hate Crimes Coordinator to centralize the Department’s efforts to combat hate crimes. Beginning on October 1, 2021, the FBI will elevate hate crimes and criminal civil rights violations to its highest-level national threat priority, which will increase resources for hate crimes prevention and investigations and make hate crimes a focus for all of the FBI’s field offices. Additionally, on June 30, 2021, the FBI launched a National Anti-hate Crimes Campaign involving all 56 FBI field offices to encourage reporting of hate crimes and hate incidents. The campaign leverages outdoor advertising, billboards, radio streaming, and social media to encourage and build public awareness of hate crimes and encourage reporting to law enforcement.

To support these efforts, the Department is seeking substantial additional resources. The President’s Budget for Fiscal Year 2022 includes over $100 million in additional funds to ensure that we have the analysts, investigators, and prosecutors needed to counter the threat posed by domestic terrorism.

As the National Strategy makes clear, any approach to addressing the challenge of domestic terrorism must also safeguard the civil rights and civil liberties that are fundamental to American society. As in all of its domestic investigations, the FBI’s investigations into domestic terrorist activities are governed by a comprehensive set of guidelines designed to ensure respect for the rights and liberties of the American people. The Attorney General Guidelines for Domestic FBI Operations recognize that it “is axiomatic that the FBI must conduct its investigations and other activities in a lawful and reasonable manner that respects liberty and privacy and avoids unnecessary intrusions into the lives of law-abiding people.”

The Attorney General first adopted comprehensive guidelines governing domestic investigations in the late 1970s, in response to the findings of the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (the “Church Committee”). That Committee had uncovered abuses in the Federal Government’s surveillance of civil rights groups and other domestic political organizations, and it recommended fundamental reforms to the Government’s intelligence gathering practices.


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 of the prophecies of Jeremiah—namely, the Lamentations, wherein the artificial metrical structure prevails in a higher degree than in any other part of the Hebrew Scriptures.

This Prophet—a type of Him who was "acquainted with griefs"—gives evidence at once of the sorrowfulness, the tender sensitiveness of his temperament, and of his want of those loftier gifts which distinguish Isaiah, and which, in the esteem of Biblical critics, entitle him to a high place among men of genius.

The difference between the two Prophets is best seen in comparing those passages in the later prophet which, as to subject and doctrine, are nearly the counterparts of signal passages in the earlier prophet. Such especially are those places in the two in which the majesty of God is affirmed, while the folly and vanity of idol-worship receives a contemptuous rebuke;—such also are those which predict the future kingdom of peace, and the return of the people from their captivity. A richness of


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 The guidelines first adopted in the wake of the Church Committee’s reports significantly shifted the Department’s approach to investigating domestic security threats. Those guidelines have been revised and updated in the intervening years to employ more robust protections for civil rights and civil liberties.

The current guidelines prohibit the FBI from engaging in investigative activities directed at U.S. persons “solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution or laws of the United States.” Additionally, across all of its investigative activities, the FBI must consider “such factors as the effect on privacy and civil liberties … and potential damage to reputation,” and use the “least intrusive method feasible” when carrying out an investigation.

The Attorney General Guidelines and related implementing policy documents, including the FBI Domestic Investigations and Operations Guide, create several other requirements aimed at safeguarding civil liberties. For example:
 * They categorize investigatory activities at different levels (assessments, preliminary investigations, and full investigations) and impose specific requirements for the initiation and conduct of each those activities, with the least burdensome requirements attaching to early-stage activities, and more robust showings required to engage in more intrusive activities.
 * They make clear that it is “vitally important” in any matter that could create the appearance that an investigation might involve First Amendment or constitutionally protected activity that the FBI document the authorized, well-founded basis for the investigative steps it intends to pursue.
 * They provide useful examples of scenarios demonstrating the distinctions between constitutionally protected speech versus advocacy that is intended and likely to incite imminent violence or lawless action.

The Department’s guidelines and the National Strategy for Countering Domestic Terrorism both recognize that, in the United States, espousing an extremist ideology is not a crime, nor is expressing hateful views or associating with hateful groups. But where an individual tries to impose or promote an ideology through acts of violence, often on a mass scale, those acts can be among the most serious crimes we confront as a society. At the Department of Justice, we are committed to protecting all Americans from such attacks, regardless of the motivation. No matter who is behind the violence and intimidation, we will use every tool at our disposal to deter and disrupt domestic terrorists and bring them to justice.

We appreciate the opportunity to discuss these issues with you, and we would be pleased to answer your questions.


text: Statement of Deputy Assistant Attorney General Wiegmann and Assistant Director Langan (September 29, 2021)


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Page:Operation Crossroads 1946.pdf/65

 RADIOLOGICAL SAFETY PREPARATIONS FOR BAKER

Because BAKER was the first underwater detonation of a nuclear weapon, neither the participating scientists nor the task force leadership could predict with certainty how the lagoon water would react to and modify the explosion cloud. Spread of radioactive contamination and creation of damaging waves were major concerns. Simulation using conventional explosive charges was one approach to estimate the effects. In one effort to predict the spread of radioactivity, 1,000-lb charges of TNT were detonated and the results extrapolated upward to the expected 20-KT yield of the BAKER device (Reference B.0.15, pp. 13 through 16).

During the period March to May 1946, several organizations under the supervision of a professor from the University of California carried out experiments for the task force on wave action in shallow water (Reference C.0.18; Reference C.0.12.3, p. 6). In 1946, computer simulations were still in the future, but various scientists applied their slide rules and scientific imagination to the forecasting problem. One study analyzed the possibilities largely on the basis of the height to which the column of contaminated water might rise. A rise of only 10,000 feet (3.1 km) would present the greatest hazard because most of the contamination would fall on the target ships or back into the lagoon. Rebounding some target ships within 1,000 yards (9.1 meters) of the detonation might be dangerous for weeks because of the contamination deposited from the water column (Reference C.0.19, pp. 5 and 9).

In an early overview of the operation, CJTF 1 offered the opinion that following BAKER (Reference B.0.16, p. 7):

 * It will be undoubtedly be some weeks before the lagoon and target ships are again habitable. During this period, some of the task force ships may be sent to anchor at Kwajalein. If it should turn out that the target ships will not be habitable for months, other arrangements will be made.

On 18 June, an appendix was added to the Operation Plan that gave a description of the underwater detonation's expected effects (Reference B.0.1, pp. E-X-1 through E-X-17 and E-IX-1 through E-IX-4). The ball of fire or steam caused by the detonation was predicted to rise to an altitude of from 10,000 to 60,000 feet (3.1 to 18.2 km). The most likely altitude was predicted to be 30,000 feet (9.1 km) (Reference B.0.1, p. E-IX-1, Change No. 6). However, a postoperation document indicates that planning was based on a prediction of maximum altitude of 15,000 feet (4.6 km) (Reference C.9.206, p. VII-(C)-18).

The appendix further predicted that a plume of water might rise, extend for several thousand feet above the surface, and then fall back into the lagoon. Radioactive material would be deposited initially in the lagoon within boundaries represented by a cylinder several hundred yards in diameter and extending from the surface to the bottom of the lagoon. The trail of water and steam following the ball of fire would be heavily contaminated. Distribution of radioactivity in the water was anticipated to be more widespread than following ABLE and would persist for a longer period. Target ships within 1,500 yards (1.4 km) of the explosion would be seriously contaminated. Downwind serious contamination would occur beyond 1,500 yards (1.4 km). It was expected that

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text: Index:The Hunterian Oration 1832.djvu

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 was not borrowed merely, or reflected from others." I have looked upon him as one of those rare specimens of human nature, which live not for themselves, but for the good of the whole world, and whose transcendent merits exalt them into a kind of legion of honour, quite distinct from the common race of mortals. With these feelings, Mr. President, how could I shrink from the duty that now devolves upon me, of reciting a few of his many claims to our grateful remembrance? How want a tongue to express the sentiments, with which I regard the value of his immortal labours? How refrain from admiring the private munificence, which decreed to him this annual commemoration?

Every civilized nation acknowledges the wisdom and expediency of celebrating the memory of great men, who have preeminently signalized themselves in arts, literature, or science. The custom is dictated by some of the best and most amiable feelings in our nature;—being perfectly congenial to every principle of good taste;—and. in various

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text: Author:Semimaru

title: Author:Semimaru


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 and the life of the people. The single words of the language, and its congested phrases, are tokens, or they are checks with which some corresponding reality duly tallied, whether or not any extant history has given it a place on its pages. Exceptive instances might here be adduced; but they are not such as would interfere with our argument in this case. Races that have fallen, in the course of ages, from a higher to a lower stage of intellectual and social advancement, may, to some extent, have retained, as an inheritance which they do not occupy, the copious glossary of their remote ancestors.

As to the extent and the richness of the Hebrew tongue at the time when it was the language of common life, or during the twelve centuries from the Exodus to the Captivity, there must be some uncertainty; not merely because the extant remains of the Hebrew literature is of limited extent, but because these remains are of two or three kinds only, and—whatever may be their kind—they have one and the same intention. The writers, whether historians, moralists, poets, prophets, are none of them discursive on the fields of thought: not one of them allows himself the liberty to wander at leisure over the regions of fancy, or of speculation. Each of them has received his instructions, and is the bearer of a message; and he hastens onward to acquit himself of his task. Inasmuch as the message should command all attention from those to whom it is de-


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 Welgevonden, and. always when she came Philip Coetzee came with her. Anna took it for love of her that he kept now so close by her side, and her love for him was a fever that all the world might see. Little by little, through her love for him, Philip cut Anna off from us all. And week by week when his bonds were published he would bring some strange new thing from Platkops dorp to please her. So it was that Philip played with our sister Anna till the last of the Brandtwacht lands were bonded. And quickly, quickly then the game was ended.

It happened so that in September month our little Jacoba grew ill, and I took the child to Welgevonden and stayed with my mother there to nurse her. And while I was there Philip brought one day to Brandtwacht a strange young man who was a Jew. Philip said the Jew was his friend, and that Anna must take him over the house and show him the furniture. Anna was proud as a child to do this. She did not know it, and there was

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Page:The Czechoslovak Review, vol4, 1920.pdf/228

 We hear frequently bitter complaints that the low value of our money corresponds in no way to the economic strength of our state and to the purchasing value of the Czechoslovak crown at home.

According to the reports of the ministry of finance we have a favorable balance of foreign trade, and the circulation of our paper money does not exceed six billion crowns; that does not constitute serious inflation, when we consider that France, a country with three times our population, has a circulation of about 34 bilionbillion [sic] francs.

The view is wide-spread that the cause of the low value of our crown is lack of knowledge in the West of our conditions, distrust in our economic stability etc. But the causes are more concrete than that.

We shall arrive at a clear view of this matter, if we realize the amount of commodities that our highly developed industry must get from abroad, before it can run at full speed.

According to figures compiled by the Manufacturers’ Association we would have to import approximately raw materials worth eight billion francs which at the present rate of exchange would be about fifty billion Czechoslovak crowns.

Against this total our present export, which comes to about four billion crowns a year of which sum the greater part is sent to countries with depreciated money is altogether too small and cannot at all balance the immense needs of our industry.

If under these conditions we left everything to free development, the value of our crown abroad would drop so low that soon any purchases in foreign countries would be impossible.

Therefore our financial policy aims to make only such purchases abroad as can be covered by available foreign money which we get for our exports; thus our industry will get its full amount of raw materials only gradually and we can return to normal economic life gradually.

That of course deprives the exchange value of our crown of its real basis, and it thus becomes dependent on arbitrage of foreign money against our money, on speculations and transactions in exchange which cannot be controlled by the ministry of finance and which of course are not likely to improve the value of our crown.

This condition may be counteracted to some extent by well-planned operations in foreign exchanges, but that again presupposes considerable financial resources which in view of the pressing needs of our industry cannot readily be spared.

This slow and difficult transition to normal financial and economic conditions could be considerably accelerated by one effective means. That is long term credit abroad which would get our shops going at once and thus would enable us to create new values by our work.

The endeavor of our government from the beginning has been to secure foreign credit, with slight success. Besides, with few exceptions the credit we got was unproductive, for it was consumed as food.

Early last summer we convinced American cotton men that we are a good risk; they furnished our banks 26,000 bales of cotton which the “Gulf of Mexico” discharged at Hamburg. But this amount was not sufficient even to cover our domestic needs.

We took up all forms of raw material credit: we pointed out to financial circles in Allied countries, how important it was for the Allies to maintain mutual financial solidarity and exchange of raw materials and manufactures. But the West could not understand and sought to solve the whole problem in a one-sided manner. It was itself in a dificultdifficult [sic] economic situation and looked across the ocean with the hope that the United States would continue to advance money to its impecunious debtors.

But there with the ending of war a great change occurred. The United States entered the war of its own accord, being dragged in partly by necessity, partly by opposition to the inhumane German war practices. By the declaration of war and all that followed it America interfered effectually in European affairs, and without being conscious of it or perhaps against its desires it was being bound more and more closely to Europe. The result was a tremendous indebtedness of Europe, and Europe today cannot pay the interest, to say nothing of capital.

When armistice came, America began to realize that to give more credit to European governments would mean further strengthening of the ties which bound it to Europe, and it would also involve the definite abandonment of the Monroe doctrine.

But since the United States even from the point of view of its own interests could not refuse altogether credit to Europe, discussion went on beyond the ocean as to the form which this credit coudcould [sic] take, so that it would be a matter of business solely. The result of this discussion was the Edge bill, passed in January of this year.

This law places at the disposal of American exporters one billion dollars which will be used to discount invoices, when guaranteed in some manner by the importing states. The credit may extend for as long as five years or even ten years. Translated from the “Sborník zahraniční politiky” (Review of Foreign Politics), No. 4, Prague.


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 livered, so it must seem to command the whole mind of the messenger, and to rule, and to overrule, his delivery of it. Thus it is that copiousness and variety should not be looked for within the compass of books which not only have all of them a religious purpose, but which speak also in the prescribed terms of an authority. Such writings are likely to take up much less of the colloquial medium than would be found in the miscellaneous and unconstrained productions of writers whose purpose it was to entertain the idle hours of their contemporaries.

Unless the botanies of Solomon were an exception, it might be that the Hebrew people had no literature beside their religious annalists, and their prophets. Yet we may believe that the talk of common life, throughout the ancient Palestine, contained a large amount of words and phrases which have found no place in the extant Hebrew books:—these books have immortalized for our Lexicons perhaps not more than a third part of the spoken tongue. If, therefore, it were affirmed that the Hebrew language is not copious, or rich in synonyms, what might be understood is this (if, indeed, this be true, which it is not) that its extant sacred literature is not rich in words. But even if this were allowed, then the question would return upon us—whether the popular mind was not vividly conscious toward the two worlds—the material, and the immaterial—toward the outer and the inner


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text:
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 not one of us that knew it, but Philip was now a bankrupt and the Jew had come to make a list of all the things that must be sold to pay his debts. Yes, Anna’s house and her lands, her cattle and her ostriches, all, all that was hers must now be sold to pay Philip’s debts. And even to the day of the sale, which was to be at old Piet Grobelaar’s store, there was not one of us that knew it.

The day of the sale, early in the morning before Anna was up, Philip sent his boys with the cattle and the ostriches to old Piet Grobelaar’s. When coffee-time came he said to Anna that he had sent the boys for forage and that he must now ride after them. Philip left Anna alone in the house, and on the way to Piet Grobelaar’s he met again the strange young man who was a Jew. As they stood talking together in the road brother Ludovic rode by on his horse, and the Jew, who seemed angry about something with Philip, called to Ludovic to stop. At first, because for many months now not one of my brothers had

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 life? There is evidence that it was so: there is evidence in contradiction of modern nugatory assertions concerning "the rude and barbarous horde." A people is not rude that notes all diversities in the visible world; nor is it barbarous if its language abounds in phrases that are the need of the social, the domestic, and the benign emotions.

Proof conclusive to this effect is contained, by necessary implication, in the fact that the Hebrew people were addressed ordinarily by their Teachers in a mode which (as to its structure) is subjected to the difficult conditions of elaborate metrical rules, and in the style of that fervid and figurative phraseology which is evidence of the existence among the people of an imaginative consciousness, and of an emotional sensibility, far more acute than that of the contemporary nations of whom we have any knowledge. The Prophets and Poets of this people use the material imagery—the bold metonyms, the transmuted phrases—of the imaginative and emotional style with an ease and a naturalness which indicates the existence of corresponding intellectual habitudes in the popular mind. As was the Prophet, such, no doubt, were the Prophet's hearers—obdurate and gainsaying often; nevertheless they were accessible always to those modes of address which are intelligible, even to the most obdurate, when they have belonged to the discipline and economy of every man's earliest years. Every man's better recollections were of a kind that put


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 spoken to Philip, brother Ludovic would not stop. But afterwards, God knows how it was, he turned his horse and rode back to the Jew. And the Jew asked him if he were going to old Piet Grobelaar’s for the Brandtwacht sale. . . . Yes, that was the first that we knew of the sale.

Standing there in the road, speaking no word to Philip, Ludovic asked the Jew to stop the sale until he could fetch our brothers from their farms and together they would see what could be done to save the Brandtwacht lands. The Jew promised, and Ludovic, riding so hard as he could up the valley to Thys, and on to Rijk and Andries, sent our brothers one by one to Anna’s house asking for Philip and the Jew. And always Anna sent them on to old Piet Grobelaar’s, where Philip had gone for forage.

Last of all, from Vergelegen, came brother Lombard whom Ludovic had sent a boy to fetch. Lombard asked Anna:

“Where is the sale?”

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text:
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The climate of Nagasaki is better known than that of any other place in Japan, because we have the most complete meteorological records of it. The observations formerly made at Desima by order of the Dutch Government and the continuation of these observations by ourselves extend over a period of twenty years.

Professor F. J. Stamkart calculated from the journal 1st January, 1845, to September, 1848, a first series of averages. The results of this elaborated report can be found in the Annals of the Royal Academy of the Netherlands (Verhandelingen van het koninklijk Nederlandsch Institut van Wetenschappen).

A second series of averages was calculated by the Royal Meteorological Institute of Utrecht, out of the journal kept at Desima by different physicians of the factory. These observations run down to September, 1855. The results together with an excellent review are published in the Annals of the said Institute over the years 1855 and 1856.

A third series calculated from the journal, kept at

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 Ludovic and Otto also, who worked always together for good, bought back Anna’s furniture and settled it so that Anna should have it as long as she lived. But because not one of my brothers knew that Philip had left my sister Anna, for he left her that day when he rode off with the Jew, there was not one of them that went to Brandtwacht to see her. And all that day, and all that night, Anna sat alone in the grey stone house my father had built for her.

That night, late in the night, Otto and Ludovic came to my mother and me at Welgevonden. They told us all what they had done, and while my mother lay crying quietly in her bed I said to Ludovic:

“But where, then, is our sister Anna?”

Ludovic said: “Now surely she is at Brandtwacht with her husband Philip.”

I said to him: “God forgive you, Ludovic, but for a good man you are also a fool. There is not one of us, neither Anna nor another, that will see young Philip Coetzee

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text:
Author:Ono no Takamura

Works

 * Kokin Wakashū (as contributor)
 * Kokin Wakashū (as contributor)

Works about Ono

 * Takamura Monogatari
 * Ujishūi Monogatari

title: Author:Ono no Takamura


text: Index:The German army. Department of military art, the Army service schools (IA germanarmydepart00bjorrich).pdf


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 ridiculed Wordsworth's mysticism or Shelley's idealism, as they laughed at the religious "enthusiasm" of Law or Wesley, or the metaphysical subtleties of Berkeley and Hume. They preferred the philosophy of the Essay on Man, which might be appropriated by a common-sense preacher, or the rhetoric of Eloisa and Abelard, bits of which might be used to excellent effect (as indeed Pope himself used the peroration) by a fine gentleman addressing his gallantry to a contemporary Sappho. It is only too easy to expose their shallowness, and therefore to overlook what was genuine in their feelings. After all, Pope's eminent friends were no mere tailor's blocks for the display of laced coats. Swift and Bolingbroke were not enthusiasts nor philosophers, but certainly they were no fools. They liked in the first place thorough polish. They could appreciate a perfectly turned phrase, an epigram which concentrated into a couplet a volume of quick observations, a smart saying from Rochefoucauld or La Bruyère, which gave an edge to worldly wisdom; a really brilliant utterance of one of those maxims, half true and not over profound, but still presenting one aspect of life as they saw it, which have since grown rather threadbare. This sort of moralizing, which is the staple of Pope's epistles upon the ruling passion or upon avarice, strikes us now as unpleasantly obvious. We have got beyond it and want some more refined analysis and more complex psychology. Take, for example, Pope's epistle to Bathurst, which was in hand for two years, and is just 400 lines in length. The simplicity of the remarks is almost comic. Nobody wants to be told now that bribery is facilitated by modern system of credit.

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 Desima by Pompe van Meerdervoort, comprises the years 1857–1862, and was published at Desima in 1862.

Out of these three series a very valuable review was made by J. van Gogh, Captain R. N. Navy, and published in the Annals of the Royal Academy of Amsterdam and also in the Annals of the Meteorological Institute of Utrecht, for the year 1866, (Overzicht van de heerschènde winden en daarby waargenomen barometerstanden te Nagasaki).

In 1871 I received the necessary instruments for instituting meteorological observations and of these I erected a station at the (Japanese Government) medical school of Nagasaki, and commenced my journal on the 1st November of that year. I have now the honour to present to the Asiatic Society a series of observations for two months during 1871 and for the whole of the year 1872, and these will be followed in a short time, by the results for 1873. Although my journal has been kept according to the rules of the international congress for meteorology in millimeters and centigrade degrees, I have thought it advisable to send to the Society the results reduced to English inches and Fahrenheit degrees, because it is still a fact, although very much to be regretted, that the scientific metric system and the centigrade thermometer have found up to the present time but few adherents among the public of England and America.

Before speaking of my observations, I may here mention, the desirability that other observers in Japan should keep their journals according to the rules of the Congress held last year at Vienna under the presidency of Professor Buys Ballot of Utrecht. At the next Congress of international meteorologists which will be held in Utrecht in the month of September of this year, deliberation on many other points will be held having the object of promoting unity in observing and registering.

I am indebted to my learned friend Professor Buys Ballot for the communication of the process-verbal of the Congress, and will mention here the general rules adopted by the permanent Committee, for the sake of other

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 uncle Han’s child, and her mother died when she was born!”

And Niccoline, putting down her work and looking out across the garden, answered: “She is not my uncle Hans’s child. My uncle Hans | had no child. She is Paul Marais’s child. Wait! I will now tell you!”

And here is what she told me.

When my father was the pastor of Platkops dorp, and I was still a young girl, Paul Marais came down from the Caroline district to farm with old Jan Cloete on the Ghamka river. My father, who had also come from the Caroline district, knew the parents of Paul Marais, and when he came to the dorp the young man would come to see my father at the parsonage. The first time that he came Jan Cloete brought him. Jan Cloete talked with my parents, and I remember yet how his beard waggled, and Paul Marais talked with me. He told me that day that his grandmother had been an Englishwoman. He was very proud of this and made me talk Eng-

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 about his patience and his faith, and about the saints in the Bible. And she would say that she who ought to have married Peter had married Moses. My mother could never like Moses. Jacob also she hated, and I remember yet how she would make me cry when she read me the story of Esau crying for the blessing that Jacob had stolen. And yet though she was always quarrelling with my father about the saints in the Bible I know now that my mother was a good woman. It was her illness that made her so bitter and so unhappy, and so afraid for the future. We did not know that she was ill, but she knew, and the year that Paul Marais came she said many terrible things to my father and me, and not anything that we could do would please her. When Paul Marais asked me to marry him I thought at once how glad I should be to get away from my mother. Yes, I loved Paul with all my heart, and yet my love for him made me cruel towards my mother, and I thought that.

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 observers in Japan, who perhaps would like to know them. These rules are: 1st Conformity of instruments and proved accuracy of the same; 2nd Directions of wind to register with English initials N. NNE. NE. etc ; 3rd averages of clouds with the numbers 0-10 (0=a perfect bright sky; 10=a thick cloudy heaven); 4th, The year commences with 1st January; the days commence at midnight; the hours are marked 0-12 and 0-12  5th, it is recommended to calculate the five days averages of temperature adopted by Dove. 6th, after each Lustrum, commencing with the year 5n+1 the results of observations of each station are published by the Congress in the sane manner. 7th, The centigrade degrees are to be used, at least in mentioning the results of the barometer, (inches of Paris to be wholly abandoned).

I deem it unnecessary to prove the utility of adopting these rules, because it must be evident that by unity in registering and observing only we can satisfactorily add to our knowledge of the great atmospheric movements which take place over the whole globe.

In June, 1873 the Superintendent of the Danish Telegraph Company made an arrangement with me and other gentlemen in Hongkong, Shanghai and Amoy to transmit daily by cable the following observations, viz.: reading of the barometer and the thermometer attached, direction of wind, force of wind, dry and wet thermometer, state of the weather, hours of rain, quantity of rain. These telegraphic records have been published at the telegraph station at each of the places every day at noon since July, 1873. We have adopted English inches and Fahrenheit degrees in their publication, because they are designed for the use of navigators in these waters, and these are chiefly English and Americans, who are seldom acquainted with the metrical system. It is much to be desired that Yokohama or Yedo should take a part in forming the telegraphic meteorological returns, and that the Meteorological Congress should find some means of financial aid towards the recording and transmission of these observations.

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 The present observers on the China and Japan coast have all taken up their work without material profit or proper assistance. The latter is absolutely necessary if there is to be a perfect regularity in observing. Great credit is due to the Great Northern Telegraph Company, and its Director M. Dreyer, for the care with which they give their disinterested aid for the advancement of the meteorological knowledge of the China and Japan coast.

As I have already mentioned, these observations are made at the Physical School in Nagasaki, and the point of observation is 650 meters distant E.S.E. from the former place of observation at Desima. The reservoir of the barometer is placed 37 metres above the medium level of the sea, which height was determined by myself by levelling.

The hours of observations are 7, 9 , 12 , 3 and 6  I was  obliged to choose these hours, because I had to bring them into accord with my other daily occupations.

All observations are made with the same instruments, the correctness of which were before exactly determined. The position of the instruments remained unchanged.

The direction of wind is given in true bearings (not magnetic). The magnetic deviation was determined by me on the 26th September 1871 with a magnetometer by Gauss. I found it to be 2 degrees 37 min. W.

The Anemometrical degrees are those of Admiral Beaufort with some slight alterations.

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 A similar law was passed in England, but there the government favors only the export of manufactured articles.

Our government which followed the development of American financial policy with steady interest is negotiating with American financial circles. The negotiations are proceeding favorably and aim principally at securing the necessary cotton to enable our mills to resume.

It is certain that through re-export of cotton goods, for which plans have been worked out in detail by our cotton industry and the necessary organization completed, we shall easily secureforeign money to pay off gradually the credits and make a sizable profit.

From the textile industry we shall pass to other branches of our industry and effect renewal of production in them. That is the only means to restore our economic position and improve the foreign exchange situation.

We do not doubt that the time will come, when our factories will look as before the war, when every worker will be employed at full time, and when our products will compete on equal terms with the products of other countries in the markets of the world. In these times of restrictions and regulation the unwary traveller might easily be caught napping. Even the experienced globe-trotter will find the steps demanded by the powers that be in Europe more intricate of execution than the evolutions of the homely fox-trot. An interruption of the train-service in Austria, a missed connection or the omission of an indispensible visé on his passport are apt to ruffle the best of tempers, especially if the traveller’s mental eye sees in the distance the steamer depart on which he has booked, and partly paid for, his passage to the States. That his recollections, as related on his return, are not of the brightest goes without saying. Yet, a little care and foresight these unpleasant happenings can be avoided.

If all roads lead to Rome, but a few lead now-a-days to and from Czechoslovakia. In this respect the man who looks at a map and figures out the shortest way may find on having to pass a whole night at an out-of-the-way railway station that he has to learn a new lesson in geometry. In travelling the shortest cut may be the longest way. In some cases it is far preferable to make a detour touching principal railway centres than to take the shortest line traced on the map. The hitherto most favored route from the west was that from Paris by the Entente train to Prague. This train has lately been demilitarised, and the Compagnie des Wagons-Lits is in charge. The fare Paris-Prague is about 450 fcs. The service being limited to three days a week the available accomodationaccommodation [sic] is naturally somewhat short of the requirements.

Another route from Paris is via Vienna for those who have business to transact in the Austrian capital. The Entente train passes through this city on its way to Warsaw. The same remarks apply to this route.

The third and by no means an uncomfortable way to getting to Prague is via Berlin. travelling in Germany being not only cheap but without the usually supposed inconveniences.

Lateral communication is afforded by a direct train service between Vienna and Berlin via Prague on three days a week. At Prague seats on these trains may be reserved in either direction.

A commercial train between Paris and Prague via Strassbourg and Nuremberg has for some time been forshadowed without, however, having materialised by the time of going to press. This would form the shortest and most convenient route, cutting the journey down to about 25 hours, as compared with the present route thru Switzerland which takes about 40.

In view of the prevailing restrictions and the risk of loss travellers are strongly advised to confine their luggage the the least possible dimensions. The prescribed limit of luggage registered on the Entente-train is 50 kilos, or about 100 lbs. On other trains more may be taken, but the risk of losing all or part of it had better be taken into consideration. All luggage, whether registered or not, should be insured for its full value at the place of departure, which may be done not only for a particular journey but for a specified time, say three months, on all railways which the traveller is likely to use. The various customs regulations need hardly be mentioned here since they differ almost in every country.

Equally as important as the procuring of a passport is to get it viséd by the authorities of the countries of destination, as well as those traversed. Besides, in certain countries, for instance France, the visé of the French or British military authorities may be required. Without the necessary visé a passport is a mere scrap of paper whatever nationality its owner may belong to.

All visitors to Prague should make a point of calling on their arrival at the Foreigners Office (Mikulandská ul. 7). a Government Institution established for the convenience of visitors. There every available information is courteously given, the visés on passports obtained, seats on trains reserved, hotel accomodationaccommodation [sic]—a very difficult item—procured, in short, every assistance is gladly extended, and all free of charge.

Visitors to Prague are earnestly requested to personally report their arrival at the Head-Police station within twenty-four hours and in case of a longer sojourn also their departure. Reporting by proxy is inadmissible.


text:
Author:Yoshimine no Munesada

Works

 * "Kokinshū", in Anthology of Japanese Literature (1955), edited by Donald Keene
 * "Kokinshū", in Anthology of Japanese Literature (1955), edited by Donald Keene

title: Author:Yoshimine no Munesada


text: The Czechoslovak Review/Volume 4/The Economic Outlook


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 The Barometer is a standard one of the Meteorological Institute with a vernier to read to tenth parts of millimeters, and the thermometer reads to tenth parts of centigrade degrees.

No fire is ever placed in the room in which the instrument is fixed, and the direct sunlight has no access to it.

All barometrical numbers in these tables are corrected to the freezing point (32 degrees Fahrenheit) and the level of the sea. Correction for capacity and capillarity has been made by the placing and division of the scale.

The thermometers were all examined in snow on the 13th December 1870. All numbers of temperature are corrected. The psychrometer hangs on the N. N. W. side of the institution in the open air, but perfectly protected against direct sunlight.

Brightness of the sky.—In these tables we have adopted the old style, that is 0 represents a very cloudy dark sky; and 10 a wholly cloudless atmosphere.

Rainmeter. This instrument stands at 46 meters above the level of the sea on the platform, which is erected on the roof of the School. At the same place the weather-cock with wind-guagegauge [sic] is attached. The quantity of rain is measured every 24 hours.

The experience and journals of many seamen have long since shewn that, in the China sea, from the island of Formosa, along the China coast up to the Japanese Archipelago, two monsoons of different duration prevail during the year. These are the S.W. monsoon from June till September, and the N.E. monsoon from October till May.

Nagasaki is decidedly situated within the regions of these monsoons, but there is a slight variation in the direction of the north-east monsoon at that place. During June, July and August the S.W. monsoon prevails at Nagasaki perfectly in the same direction as in the China sea; the N.E. monsoon, however, turns more towards the N. and N.N.W., a fact chiefly caused by the geographical

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 situation of the place, which is wholly surrounded by hills of from 400 to 1,400 feet height, except between the points of S.W. and S.S.W.

As is the case in the China sea, we find that in Nagasaki the north monsoon (for here it is more correct to speak of it as a north and not a N.E. monsoon) has more than twice as long a duration as the S.W. wind. September and sometimes the first days of October are the periods at which the S.W. changes to the North monsoon, whilst the change from the N. to the S.W. wind takes place much more gradually during the two month’smonths [sic] of April and May (and sometimes in the last days of March.) East and south-easterly winds are comparatively rare in Nagasaki although it must be said that these winds are the true carriers for thesethis [sic] place, as well as for a large part of the east coast of the Japan islands. It is nearly always sure that there will be rain, if E. and S.E. winds prevail for one day or longer. This fact is easily explained. The E. and S. E. winds, which have travelled over the warmer parts of the Pacific Ocean must necessarily get saturated and yield their water when they are cooled by the vegetation on the Japanese coast, in the same manner as is the case with the S.W. wind on the west coast, of Europe.

In regard to the prevailing winds and the height of the barometer, the year may be divided into two monsoon periods, and in order to give a simple review of these periods I have constructed Tables 1 1871 and Tables I. II. III. for 1872. These figures show how many times in each hundred observations the wind has been N. E. and S. W. and so on. The length of the triangle outside the circle gives, by comparison with the scale, the relative number of winds, which have prevailed during each period. If for instance the N wind only should have prevailed in the month of December 1871 (Table I. 1871), the radius N. would have had the length of the whole scale (100). But the N. wind blew only 23. 2 times in each hundred observations, and therefore the length of the radius is 23. 2 parts of the scale. We have placed the numbers expressing

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 the per-centage of wind directions inside the circle of the diagram.

It can immediately be seen from these diagrams that northerly winds have prevailed during the months of November and December, 71.

The wind-rose on Table I. 1872, shewshews [sic] the direction and percentage of winds (a.) over the whole year, 1872, (b.) over the changing months April, May and September, (c.) over the time of the S.W. monsoon in June, July and August, and (d.) over the period of the N. monsoon, October, November December, January, February and March.

The first diagram shows that N., S.W., N.E., N.W. winds are the most prevailing during the whole year, whilst S., S.S.E., S.E., and E. are much more rare.

The following diagram shows how in the changing months April, May and September, the direction of wind is very variable and that N. and N.E. winds have still during these months a preponderance over the S.W. wind. The wind diagram c. shows clearly how the S.W. monsoon prevails in June, July and August, whilst diagram d. explains the N. monsoon.

Table II. contains diagrams made up from 1,000 observations formerly made at Desima, during a period of 15 years. Although they agree in the main with our diagrams over the same months of the year, 1872, they differ slightly in some subordinate points.

They are however not very important, because the diagrams agree in the main points.

Table III. 1872, contains the diagrams for each month of the year 1872, and can easily be understood after the explanations we have already given.

Table V shows that the highest barometer prevails in the coldest months January and February when the atmosphere has its maximum density, whilst the lowest barometer occurs in August, during the prevalence of the S.W. monsoon.

It is however a very remarkable fact, not easily to be explained, that during June, July and August at the

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 time of the S.W. monsoon, the barometer is higher during S.W. winds and the lowest with the northerly and N.E. winds. In the winter, when the N. monsoon prevails, we see the highest barometer, quite as in other countries, with N.N.E. and N.W. winds, and the lowest with S.W. winds, when the monsoon wind is disturbed. Thus we find that in each monsoon period the highest pressure of the atmosphere exists when the relative monsoon wind reigns freely without disturbance.

The greatest difference of barometer in 1872 was 1.29 inch. The fluctuations or differences between lowest and highest barometer are the following:—

It will be seen that the greatest fluctuation took place in May (0.86).

The highest barometer of the year was on the 19th February=30.52.

The lowest on the 31st July=29.23.

The temperature of Nagasaki is largely affected by the warm current, Kuro shiwo or “black stream,’ ’” [sic]which runs as another gulf stream along the whole east coast of Japan, and causes chiefly the much milder climate of the eastern coast as compared with that on the west coast. The meteorological data which have been procured on the west coast of Japan are unfortunately very few. It is, however, certain that a most decided difference of temperature is to be observed between places on the east and west coast of Japan. It would be of great value to have an

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text: The Czechoslovak Review/Volume 4/Notes for Travellers


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 accurate journal of one or more places on the west coast, to show the very great influence of the Japanese Gulf stream.

Although in regard to direction of wind the year in Nagasaki is divided into two monsoon periods, it is not so in regard to the temperature of that place. The thermometer shews us that the year must be divided into four nearly equal seasons.

The lowest temperature in the open air (shade) was in 1872 on the 4th February=25.9 degrees Fahrenheit, and the highest on the 2nd and 3rd August=93.0 degrees Fahrenheit.

The coldest month is January with the medium temperature of 41.2; the warmest month is August with the medium temperature 82.3. In the two months July and August the heat is quite tropical (81.9 and 82.3.) Inside the house the thermometer in 1872 never fell to the freezing point. The lowest temperature was on the 23rd January=35.6. The highest on the 2nd August=89.6.

The number of rainy days in 1872 was 122 or exactly one-third of the 366 days of the year. The quantity of rain over the whole year was 47.71 inches, or about 2.5 times as much as falls in London during one year and nearly twice as much, [sic] as falls in Amsterdam. This year was characterized by a very short rainy season, which period ordinarily commences in the beginning or middle of June. In 1872 the greatest number of rainy days occurred in April, it having 15 rainy days with a fall of 11.04 inches. Next to April comes June with 13 rainy days and 5.66 inches of fall, then follows August with 12 rainy days and 5.73 inches of fall. October was in 1872 the dryest month, it having only 4 rainy days and 0.95 inch of fall.

December gives the largest number of misty days 19.1, although it must be observed that mist in Nagasaki exists chiefly in the morning and evening. Mist very seldom prevails during a whole day. Snow only fell in 1872 in January and February together on twelve different days.

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